HomeMy WebLinkAbout1996-12-16 Regular Meeting
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MINUTES OF l.1:'ib PUBUC HEARING AND REGULAR
MEETING OF LA PORTE CITY COUNCIL
DECEMBER 16, 1996
1. CALL TO ORDER
The meeting was called to order by Mayor Pro-Tem Alton Porter at 6:02 P,M,
Members of Citv Council Present: Mayor Pro-Tem Alton Porter, Councilpersons Guy Sutherland, Bob
McLaughlin, Deotis Gay and Jerry Clarke
Members of Council Ahsent: Mayor Norman L, Malone, Councilpersons Mike Cooper, Bob Thrower and
Jack Maxwell
Members of Citv Staff and Citv Emnlovees Present: City Manager Robert T, H..........., Assistant City
Attorney John Arm..t.uug, Assistant City Secretary Rhonda L, Yockov, Assistant City Manager John
Joerns, Director of Finance/ ACM Jeff Litchfield, Director of Administrative Services Louis Rigby,
Director of Public Works Steve Gillett, Director of Planning Guy Rankin, Director of Parks and R..."....non
Stephen Barr, Police Chief Bobby Powell, Lieutenant Carl Crisp, City Fire Marshall Paul Hickenbottom,
Human Resource Manager Kim Meismer, City Engineer Doug Knuepper, Chief Building Official Art
Flores, City Inspector Debbie Wilmore, Code Enforcement Officer Willie J, Alexander Jr" Assistant
Finance Director Cynthia Alexander, Finance Accounting Supervisor Kathy Hutton, Purchasing Agent
Susan Kelley and Secretary to the City Manager Carol Buttler
Others Present: Eric Davis ""t....senting "TMRS-Austin", Jim OL.~eier, .........senting the "Kroger
Company", Steve Valerius and Rand Valentin, ........senting the "Old Highway 146 Committee"
2, INVOCATION BY REV. FLOYD FO~JU.E - FIRST BAPI'IST CHURCH LOMAX
Rev, Floyd Foshee, pastor of the First Baptist Church Lomax, delivered the invocation,
3. CONSIDER ih:':AOVING MINUTES OF PUBLIC HEARING AND REGULAR MEETING
NOVElhD~A 11, 1996
Motion was made bv Counciloerson McLaughlin to annrove the minutes of November 11 as nresented.
Second by Councilperson Clarke, The motion carried, 5 ayes, 0 nays.
Ayes: Councilpersons Sutherland, McLaughlin, Gay, Clarke and Mayor Pro- Tem Alton Porter
Nays: None
4, PRESENTATION:
A. EMPLOYEE OF THE QUAR.l~.K - JULY, AUGUST, SEr .l~l\-u)~A, 1996
Mayor Pro- Tem Alton Porter recognized Serafin Cervantes, Police Department Custodian, as the
"Employee of the Quarter" for the months of July, August, September, 1996 and read a dossier of Mr,
Cervantes' accomplishments, Police Chief Bobby Powell expressed his at't..~iation for Mr, Cervantes
good work, Police Chief Bobby Powell and Lieutenant Carl Crisp presented Mr, Cervantes with a plaque
to commemorate his selection.
S, PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS
~D.li~G TO ADDRESS COUNCIL
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Minutes Public Hearing
And Regular Meeting
La Porte City Council
November 11, 1996, Page 2
There was three La Porte citizens wishing to address Council.
Jim Zoller, 907 Hackberry Ave, La Porte, addressed Council regarding Rezoning of Tracts 18B and 18F,
Crescent View (better known as 2757 Old Hwy, 146), Mr, Zoller expressed his concern that the present
re-zoning request emulates a previous request which was made in 1989, Mr, Zoller thinks, in the interest
of improving and preserving I'&Ul'arty values of Old Hwy 146, the current zoning of the area should remain
as R-l with some existing areas of Old Hwy 146 zoned as neighborhood commercial, Mr, Zoller said "I
feel that the city would be regressing in the effort to improve the area of Old Hwy 146 if the City Council
al'l'&'~!es this re-zoning request."
Jerri D, Nettle, 1502 South 8th Street, La Porte, addressed Council regarding the property at 2757 Old
Hwy 146, Mr, Nettle expressed his approval of the re-zoning for commercial business at that location,
for the convenience of citizens in the area.
Bernard Legrand, 3115 Layne Court, La Porte, addressed Council regarding the 1"& ~ I'my at 2757 Old Hwy
146, Mr. Legrand expressed his concerns for the area in general, and feared the area might returned to
its pre-annexation status.
6. CONSIDER A~~AOVAL OR V.D.J!.A ACTION REGARDING AMENDING ORDINANCE 1875,
AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER .D.J!. ACT GOVERNING .D.J!.
TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDAu!,JJ SERVICE CREDITS" FOR
SERVICES r:eAFORMED BY QUALIFYING ME~.u)~ OF SUCH SYSTEM WHO ARE
PRESENTLY IN .D.J!. EMPLOYMENT OF .D.J!. CITY OF LA PORTE (Ord, 187S-D) - L, Rigby
Director of Administrative Services Louis Rigby addressed Council regarding the summaries and
recommendations for items 6, 7 and 8, Mr, Rigby introduced Mr. Eric Davis of the Texas Municipal
Retirement System, Mr. Eric Davis clarified certain issues regarding items 6 and 7, and answered a
variety of questions from Council regarding items 6, 7 and 8,
Assistant City Attorney read: ORDINANCE 1875-D - AN ORDINANCE AUTHORIZING AND
ALLOWING, UNDER 1 t1Jj ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM,
"UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING
MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE IN 1 t1Jj EMPLOYMENT OF THE CITY
OF LA PORTE; FINDING COMPLIANCE WITH Hib OPEN MEETINGS LAW; AND PROVIDING
AN EFFEl.;llvE DATE HEREOF,
Motion was made bv Counciloerson Sutherland to auu&ule Ordinance 1875-D as read bv the Assistant City
Attornev. Second by Councilperson Gay, The motion carried, 5 ayes, 0 nays,
Ayes: Councilpersons Sutherland, McLaughlin, Gay, Clarke and Mayor Pro- Tem Alton Porter
Nays: None
7, CONSIDER AJ:~AOV AL OR v.D.J!.A ACTION REGARDING AN ORDINANCE AUTHORIZING
AND ALLOWING, UNDER .D.J!. ACT GOVERNING .D.J!. TEXAS MUNICIPAL RETIREMENT
SYSTEM, RESTRI~lJ!,JJ PRIOR SERVICE CREDITS (Ord. 96-2142) - L. Rigby
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Minutes Public Hearing
And Regular Meeting
La Porte City Council
November 11, 1996, Page 3
Assistant City Attorney read: ORDINANCE 96-2142 - AN ORDINANCE AUTHORIZING AND
ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RnllKEMENT SYSTEM,
RESTRICTED PRIOR SERVICE CREDIT TO EMPLOYEES WHO ARE MEMBERS OF THE SYSTEM
FOR SERVICE PREVIOUSLY PERFORMED FOR VARIOUS OTHER PUBLIC ElIluu.tlS FOR
WHICH THEY HAVE NOT RECEIVED CREDITED SERVICE; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF,
Motion was made bv Counciloerson Sutherland to annrove Ordinance 96-2142 as read bv the Assistant City
Attornev. Second by Councilperson Gay, The motion carried, 5 ayes, 0 nays,
Ayes: Councilpersons Sutherland, McLaughlin, Gay, Clarke and Mayor Pro-Tern Alton Porter
Nays: None
8. CON~w~ PROVIDING DIRECTION TO STAFF REGARDING CONTINUANCE OF Hu!.
PROCESS FOR CONSIDERATION OF A BUY BACK OF FORFEITED TMRS SERVICE - L.
Rigby
Mr, Eric Davis of TMRS, answered questions from Council, Council gave direction to Mr, Davis to
proceed with a TMRS buy back study for the City,
9. CON~w~RAPPROV AL OR VJ. Ju!.J.(. ACTION REGARDING AN ORDINANCE APPROPRIATING
J.Ju!. SUM OF $33,500,00 FOR ENGTh~~J.dNG AND CONSTRUCTION OF IMPROVEMENTS TO
FAIRMONT PARKWAY AT J.Ju!. KROGER CEr-.J.~AENTRANCE (Ord. 96-2143) -R. T. H...." 0;.....
City Manager Robert T, H....u...,a addressed Council regarding the summary and recommendations to
reimburse Kroger for Lr-" lements on Fairmont Parkway, Mr, H....u....... introduced Kroger ."'I'.....entative
Mr. Jim Obermeier, Mr. Obermeier expressed Kroger's '-t-......viation for the support the City and the
Citizens of La Porte have given to Kroger which has made the new store a success,
Assistant City Attorney read: ORDINANCE 96-2143 - AN ORDINANCE APPROPRIATING THE SUM
OF $33,500,00 FOR ENGINEERING AND CONSTRUCTION OF IMPROVEMENTS TO FAIRMONT
PARKWAY AT THE KROGER CENTER ENTRANCE; FINDING COMPLIANCE WITH THE OPEN
MElilwTGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF,
Motion was made bv Counciloerson McLau~hlin to a~~.u Ie Ordinance 96-2143 as read bv the Assistant
City Attornev. Second by Councilperson Gay, The motion carried, 5 ayes, 0 nays,
Ayes: Councilpersons Sutherland, McLaughlin, Gay, Clarke and Mayor Pro-Tern Alton Porter
Nays: None
10, PUBLIC HEARING - A, CONSIDER REZONING REQUEST 96-006, SEEKING TO REZONE
TRS. 18B AND 18F, CRESCENT VIEW, D~J. J.I!.R KNOWN AS 2757 OLD HWY. 146 (S.
BROADWAY). uu!. APPLICANT SEEKS TO HAVE J.Ju!. PROr~ATY REZONED FROM mGH
DENSITY RESIDENTIAL (R-3) TO NEIGHBORHOOD COMMERCIAL (NC)
OPEN PUBLIC HEARING
Mayor Pro-Tern Alton Porter opened Public Hearing-A at 6:44 P,M,
e e
Minutes Public Hearing
And Regular Meeting
La Porte City Council
November 11, 1996, Page 4
REVlEW BY STAFF
Director of Planning Guy Rankin addressed Council regarding, the summary and recommendation from
the Planning and Zoning Commission to rezone tracks 18B and 18F at 2757 Old Hwy, 146,
PUBLIC INPUT
Mr, Rand Valentine, 3201 Bayshore Drive, La Porte, '''I'...senting the "Old Highway 146 Committee",
presented Council with a document titled" Key Points Against Changing the R-3 Zoning to NC on South
Broadway", He also presented Council with a petition from citizens against the re-zoning, Mr, Valentine
stated he is against the re-zoning,
Mr, Steve Valerius, 140 Hazel, La Porte, ''''I'...senting the "Old Highway 146 Committee", requested the
"Old Highway 146 Committee" stand and be recognized. He expressed his concern for the city's
co~t'.",hension plan and stated he is against the re-zoning
Ms, Diane Nettle, 1502 S, 8th Street, La Porte, had made a request to speak to Council during to the
public hearing however, she left the meeting after Mr, Nettle spoke,
Ms, Mary Jane McCoy, 5018 Creekview Dr., La Porte, spoke in favor of the rezoning which she feels
will help the city grow.
Mr, Bill Stevens, 302 Fairfield, Shoreacres, identified himself as the owner of the I',ul'.erty at 2757 Old
Hwy 146 and asked that his wife Dorothy Stevens be allowed to make her presentation at this time,
Mrs. Dorothy Stevens, 302 Fairfield, Shoreacres, spoke summarizing her request to have the t"~l'erty re-
zoned and presented Council with another petition from citizens in favor of the re-zoning,
Mr, Bill Stevens, 302 Fairfield, Shoreacres, addressed Council again with his concerns regarding the
request to re-zone his property,
Mr. Bill McCoy, 5018 Creekview Drive, La Porte, commented that the property currently has two
commercial buildings on it and therefore, should be zoned commercial.
Mrs. Marie Meehan, 3510 Brookside, La Porte, spoke stating she is in favor of the re-zoning.
Mr, Maurice W, Meehan, 3510 Brookside, La Porte, spoke stating he is in favor of the re-zoning
Mr, Lauren Osborne, 902 Hollowtree, La Porte, spoke stating he is in favor of the re-zoning,
Mrs, Maureen Osborne, 902 Hollowtree, La Porte, spoke stating she is in favor of the re-zoning,
Mr, Michael Horn, 501 Forest, Shoreacres, spoke stating he is in favor of the re-zoning.
Mayor Pro- Tem Alton Porter stated that Planning and Zoning, Board of Adjustment, and Council are made
up of volunteer persons that are not well cu~t' ;,~sated and they try to make decisions that are best for the
whole City,
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Minutes Public Hearing
And Regular Meeting
La Porte City Council
November 11, 1996, Page 5
RECOMMENDATION OF PLANNING AND ZONING
The Planing and Zoning Commission, by unanimous vote, recommends Council al'l"'~ Ie Rezone Request
#96-006,
CLOSE PUBLIC HEARING
Mayor Pro-Tem Alton Porter closed the public hearing at 7:28 P,M,
11, CONSIDER A~'.::nOVAL OR VJ.~A ACTION REGARDING AN ORDINANCE AMENDING
ORDINANCE 1501 BY CHANGING CLA~J.nCATION OF A ~U\.TAIN PARCEL OF LAND
KNOWN AS TRACTS 18B AND 18F, CRESCENT VIEW, 2757 OLD HWY. 146, TO
NEIGHBORHOOD COMMERCIAL (NC), (Ord, 1501-W) - G. Rankin
Assistant City Attorney read: ORDINANCE 1501-W - ORDINANCE AMENDING ORDINANCE NO,
1501-W, MORE COMMONLY REFERRED TO AS Bib ZONING ORDINANCE OF THE CITY OF
LA PORTE, BY CHANGING CLASSIFICATION OF THAT CERTAIN PARCEL OF LAND HEREIN
DESCRIBED; MAKING CERTAIN FINDINGS OF FACf RELATED TO THE SUBJECf; FINDING
COMPUANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN AFFEcu VB DATE IN
THE TRACfS OF LAND 18B AND 18F CRESCENT VIEW, MORE COMMONLY KNOWN AS 2757
OLD HWY, 146 FROM RESIDENTIAL THREE ZONING (R-3) TO NEIGHBORHOOD COMMERCIAL
(NC)
Motion was made bv Councilnerson Clarke to Table Ordinance 1501-W as read bv the Assistant City
Attornev until such time when more councilmembers are available and to Schedule a Workshon in Januarv.
Second by Councilperson McLaughlin, The motion carried, 5 ayes, 0 nays,
Ayes: Councilpersons Sutherland, McLaughlin, Gay, Clarke and Mayor Pro- Tem Porter
Nays: None
Councilman Gay asked that City Manager Robert T, Hc,uc,... to speak on the other options available to
Staff, and the applicant, beside re-zoning, City Manager Robert T, Ht-.."... clarified Council direction that
"No action will be taken on this item tonight and we will schedule a workshop in January," Mr, Herrera
also clarified that staff visit with the applicants and advise them of other options they can pursue other than
the re-zoning and for Director of Planning Guy Rankin to visit with the applicants,
12. PUBLIC HEARING - B, CONSuJ'.c.A PROPOSED AMENDMENT TO CITY'S ZONING
ORDINANCE REGARDING LANDSCAPE REQUIREMENTS
OPEN PUBLIC HEARING
Mayor Pro-Tem Alton Porter opened Public Hearing - Bat 7:39 P,M, and called for a five minute break,
Mayor Pro-Tem reconvened the Public Hearing at 7:50 P,M,
REVIEW BY STAFF
Director of Planning Guy Rankin addressed Council regarding the summary and recommendation for the
request.
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Minutes Public Hearing
And Regular Meeting
La Porte City Council
November 11, 1996, Page 6
PUBLIC INPUT
Mr, Steve Valerius, 140 Hazel, La Porte, A"t'A~nting the "Old Highway 146 Committee", stated his
support for the Ordinance and stated he is in favor of businesses landscaping,
Mr, Rand Valentine, 3201 Bayshore Drive, La Porte, A"t'A~nting the "Old Highway 146 Committee",
stated he is in favor of the landscaping Ordinance,
RECOMMENDATION OF PLANNING AND ZONING
Planning and Zoning Commission recommends arrAU lal of the l-aul'uoed amendment, Staff concurs with
the Commission's recommendation,
CLOSE PUBLIC HEARING
Mayor Pro-Tem Alton Porter closed the public hearing at 8:04 P,M,
13, AN ORDINANCE AMENDING ORDINANCE 1501, um CITY OF LA PORTE ZONING
ORDINANCE, ARTICLE V "RESIDENTIAL DISTRICT REGULATIONS," SECTIONS 5-701 AND
5-800, ARTICLE VI, "COMMERCIAL D~uuCT REGULATIONS," SECTION 6-600, ARTICLE
VB "INDUSTRIAL DISTRICT REGULATIONS," SECTIONS 7-600 AND 7-601, AND ARTICLE
X, "SPECIAL REGULATIONS"; SECTIONS 10-103 AND 10-508 (Ord. 1501-X) - G. Rankin
Assistant City Attorney read: ORDINANCE 1501-X - AN ORDINANCE AMENDING ORDINANCE
1501, Hit!; L.H f OF LA PORTE ZONING ORDINANCE, ARTICLE V "RESIDENTIAL DISTRICT
REGULATIONS," SECTIONS 5-701 AND 5-800, ARTICLE VI, "COMMERCIAL DISTRICT
REGULATIONS," SECTION 6-600, ARTICLE vn "INDUSTRIAL DISTRICT REGULATIONS,"
SECTIONS 7-600 AND 7-601, AND ARTICLE X, "SPECIAL REGULATIONS"; SECTIONS 10-103
AND 10-508; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE
SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION BE
FINED A SUM OF NOT MORE THAN TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
VIOLATION; FINDING COMPLIANCE WITH Hili OPEN MEETINGS LAW; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF
Motion was made bv Counciloerson McLau~hlin to annrove Ordinance 1501-X as read bv the Assistant
City Attornev. Second by Mayor Pro-Tem Porter, The motion carried, 4 ayes, 1 nays,
Ayes: Council persons Sutherland, McLaughlin, Clarke, and Mayor Pro- Tem Porter
Nays: Councilperson Gay
14. WORKSHOP - CONSIDER um FINDINGS OF un.; DANGEROUS BUILDING BOARD OF
INSPECTION FOR ELEVEN (11) STRUCTURE AS FOLLOW: - A. Flores & D. Wilmore
OPEN WORKSHOP MEETING Time: 8:08 D.m,
PRESENTATION BY STAFF
e e
Minutes Public Hearing
And Regular Meeting
La Porte City Council
November 11, 1996, Page 7
Chief Building Official Art Flores addressed Council regarding the summary and recommendation from
the Inspection and Planning Department regarding Dangerous Buildings, He reported the 401 S, 16th
Street structure has been demolished by its owner, Mr, Flores then introduced Ms, Debbie Wilmore and
informed Council that she will be making a colored slide presentation of Dangerous Buildings, Mrs,
Wilmore presented a slide of each structure listed below and .':-t'u.red the deteriorating state of each
structure,
REVIEW UST OF STRUCTURES
3115 Carli41le - Blk. 17; Lots 4-6; Bayside Terrace
HCAD #061-057-017-0004 Gas & electric meter,
One story, wood frame house with attached garage and side carport, Asbestos siding,
3102 S. Broadwav - Trs, 9C & 9D + 9A & 50A; Abst, 30, W, P,Harris
HCAD #040-244-001-0021/0024 No electric meter; however, electric nms overhead from 3104 to this
building for outside light.
One story, block building. Leave slab(s) over (3) underground tanks (unknown condition),
324 San Jacinto - Blk, 219; Lots 6-9; La Porte
HCAD #024-008-019-0002 (Voluntary Demolition)
Gas & electric meter, One story, block house,
531 N. 8th Street - Blk, 100; Lots 28-32; La Porte
HCAD #023-214-010-0028 Electric meter.
One story, wood frame house with asbestos siding under vinyl siding.
401 S. 16th Street - Blk, 789; Lots 1,2; La Porte
HCAD #024-102-089-0001 Electric meter.
One story, wood frame house,
11.100 Blk. N. H - Tr, 469C-l; La Porte Outlots
HCAD #023-141-000-0524, No gas or electric meter.
One story, wood frame house,
10.900 Blk. N. L - Trs, 427A & 427C,; La Porte Outlots
HCAD #023-140-000-0447 No gas or electric meter,
One (1) cistern & one (1) gray water tank, One story, wood frame house.
11.200 Blk. N. P - Tr, 390; La Porte OutIots
HCAD #023-139-000-0390 Electric meter.
Mobile home and wood accessory building,
825 Mossev - Blk, 8; Lot 353 & S, 15' of 354; Battleground Estates, S. 2
HCAD #080-024-000-0353 No gas or electric meter,
Unsecured garage and remaining slabs from burned dwelling,
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Minutes Public Hearing
And Regular Meeting
La Porte City Council
November 11, 1996, Page 8
1312 Golden Lane - Tr, 15 & S, 75' of Tr, 16 out of Outlot 377; La Porte Outlots
HCAD #023-139-077-0015 No gas or electric meter,
One story, unfinished wood frame house,
3600 Underwood Rd. - Tr. 812 & N, 300' of Lots 698 & 699; La Porte Outlots
HCAD #023-146-000-0698 No gas or electric meter, Wood frame church, fire damaged Feb, 1994,
Additional material has been removed, open & unsecured,
Council's questions and concerns were answered by Ms, Wilmore, City Manager Robert T, H"u"."
praised staff for its diligent work concerning Dangerous Buildings,
STAFF RECOMMENDATION -
Chief Building Official Art Flores stated, "Staff recommends Council review the findings and authorize
a Public Hearing for the purpose of condemning and ordering demolition of these 10 structures, and a
Public Hearing to be held on January 13, 1997,"
CLOSE WORKSHOP MEETING Time: 8:42 D.m.
15. CON~.w.r..R AUTHORIZING A PUBLIC HEARING ON JANUARY 13, 1996, TO CONSIDER
DECLARING ELEVEN (11) STRUCTURES TO BE DANGEROUS BUILDINGS, DECLARING
J..n.r.. BUILDINGS TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDINGS CONDEMNED
- A. Flores & D, Wilmore
Motion was made bv Counciloerson McLaughlin to set a Public Hearin~ on Dangerous Buildin~ Second
by Councilperson Sutherland, The motion carried, 5 ayes, 0 nays,
Ayes: Councilpersons Sutherland, McLaughlin, Clarke, Gay, and Mayor Pro- Tem Porter
Nays: None
16, CONSIDER iL::.: AOV AL OR 0 J..n.r..J.( ACTION REGARDING AN ORDINANCE DESIGNATING
AN AREA WHERE WINE AND/OR BEER FOR CONSUl\>u uON ON J..n.r.. PREMISES MAY BE
SOLD; FOR AN ESfABLISHMENT KNOWN AS JUNIORS, 517 N. BROADWAY, LA PORTE
(Ord. l000-Im) - G, Rankin
Director of Planning Guy Rankin addressed Council regarding the summary and recommendation for the
request,
Assistant City Attorney read: ORDINANCE l000-HH - AN ORDINANCE OF Hili CITY OF LA
PORTE, TEXAS, DESIGNATING AN AREA WHERE WINE AND/OR BEER FOR CONSUMPTION
ON THE PREMISES MAYBE SOLD; PROVIDING FOR HOURS OF OPENING AND CLOSING;
PROVIDING SALE OF WINE AND/OR BEER FOR CONSUMPTION OFF PREMISES SHALL NOT
BE AFFECTED; DEFINING SOURCE OF AUTHORITY: PROVIDING A SAVINGS CLAUSE;
PROVIDING THAT NO LICENSE SHALL BE ISSUED EXCEPT FOR It1b AREAS HEREIN
DESIGNATED: FINDING COMPLIANCE WITH THE OPEN MEblll.-rGS LAW; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE,
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Minutes Public Hearing
And Regular Meeting
La Porte City Council
November 11, 1996, Page 9
Motion was made bv Counciloerson Gav to annrove Ordinance l000-HH as read bv the Assistant City
Attornev. Second by Councilperson Clarke. The motion carried, 5 ayes, 0 nays,
Ayes: Councilpersons Sutherland, McLaughlin, Clarke, Gay, and Mayor Pro-Tem Porter
Nays: None
17. CONSIDER ~'I:AOVAL OR Ull1r.t( ACTION REGARDING AN ORDINANCE APPROVING
AND AUTHORIZING AN AGREEMENT BETWEEN uIl!. CITY OF LA PORTE AND HARRIS
COUNTY, FOR IJ:11!. INSTALLATION OF LIGHTS FOR .lJ:1l!. SYLVAN BEACH ~~n.u.G :J:ll!.A
(Ord. 96-2144) - S. Barr
Director of Parks and Recreation Stephen Barr addressed Council regarding the summary and
recommendation from the Parks and Recreation department for the at' t"~ lal of a joint venture with Harris
County Precinct 2 for the Sylvan Beach pier lighting project,
Assistant City Attorney read: ORDINANCE 96-2144 - AN ORDINANCE APPROVING AND
AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY,
FOR IJ:ib INSTALLATION OF LIGHTS FOR 1.l'1J:l. SYLVAN BEACH FISHING PIER; MAKING
VARIOUS FINDINGS AND PROVISIONS RELATING TO IJ:i.li SUBJECT; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFEcuVE DATE HEREOF,
Motion was made bv Counciloerson McLaul?hlin to annrove Ordinance 96-2144 as read bv the Assistant
City Attornev. Second by Councilperson Gay, The motion carried, 5 ayes, 0 nays,
Ayes: Councilpersons Sutherland, McLaughlin, Clarke, Gay, and Mayor Pro- Tem Porter
Nays: None
18. CON~.lV~A ~:.:~.OVAL OR V.lJ:1l!..l( ACTION REGARDING AN ORDINANCE APPROVING
AND AUTHORIZING AN AGREEMENT .D~.l tVEEN IJ:11!. CITY OF LA PORTE AND BAY AREA
ELEl.,;.lAlC SLu~Y COMPANY, FOR THE CONSTRUCTIONIINSTALLATION OF ~mA
LIGn.u..l.G FOR .lJ:1l!. Fb.D..Ll.G .rmA AT SYLVAN BEACH (Ord. 96-2145) - G. Rankin
Director of Planning Guy Rankin addressed Council regarding the summary and recommendation to
authorize an agreement with Bay Area Electric Company,
Assistant City Attorney read: ORDINANCE 96-2145 - AN ORDINANCE APPROVING AND
AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND BAY AREA
ELECTRIC COMPANY, FOR IJ:ib CONSTRUCTION/lNSTALLATION OF PIER LIGHTING FOR
THE FISHING PIER AT SYLVAN BEACH; APPROPRIATING $44,310,()() PLUS A CONTINGENCY
OF $1O,690,()(), TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO IJ:ib SUBJECT; FINDING COMPLIANCE WITH Ttlli OPEN MEETINGS LAW;
PROVIDING AN EFFECTIVE DATE HEREOF,
Motion was made bv Counciloerson McLaUllhlin to a_~.~ Ie Ordinance #96-2146 as read bv the Assistant
City Attornev. Second by Councilperson Gay, The motion carried, 5 ayes, 0 nays,
Ayes: Councilpersons Sutherland, McLaughlin, Clarke, Gay, and Mayor Pro- Tem Porter
Nays: None
e e
Minutes Public Hearing
And Regular Meeting
La Porte City Council
November 11, 1996, Page 10
19. CONSIDER A..: 6. 'A.OV AL OR '-I' ltU..J.( ACTION REGARDING AN ORDINANCE ADOPI'ING AN
AMENDMENT TO CHAr .l~R 6, SECTION 7, "SICK LEA VE", OF .l~LA PORTE.I: :r.A80NNEL
POLICY MANUAL (Ord, 96-2146)- L. Rigby
Director of Administrative ServiCes Louis Rigby addressed Council regarding the summary and
recommendation to allow employees to use sick time to care for ill family members,
Motion was made bv Councilnerson Sutherland to aoorove Ordinance #96-2146. Second by Councilperson
Clarke.
After Council discussion Mavor Pro-Tem Alton Porter made a motioned to amend Ordinance #96-2146 bv
deleting the use of sick leave in 15 minute intervals. Second by Councilperson Gay, The motion carried,
5 ayes, 0 nays
Ayes: Councilpersons Sutherland, McLaughlin, Clarke, Gay, and Mayor Pro-Tem Porter
Nays: None
Assistant City Attorney read: ORDINANCE 96-2146 - AN ORDINANCE ADOr lUoJG AN
AMENDMENT TO CHAPTER 6, SECTION 7, "SICK LEAVE", OF THE l.;11 { OF LA PORTE
PERSONNEL POLICY MANUAL DATED JANUARY 1, 1992; PROVIDING A SEVERABILITY
CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEtHmGS LAW; PROVIDING AN
EFFELllVE DATE HEREOF, STRICKEN THE 15 MINUTES,
JOe Original motion made bv Councilnerson Sutherland and Seconded bv Councilnerson Clarke was
brought to a vote with the amendment. The motion carried, 5 ayes, 0 nays
Ayes: Councilpersons Sutherland, McLaughlin, Clarke, Gay, and Mayor Pro- Tem Porter
Nays: None
20, CONSIDER A..::':'A.OVAL OR OItU..R ACTION REGARDING AN ORDINANCE A..-:.:......OVING
AND AUTHORIZING AN AGREEMENT BETWEEN ltU.. CITY OF LA PORTE AND
S01JlntVE~.l~AN BELL TELEPHONE COMPANY, FOR AN EASEMENT FOR
TELECOMMUNICATIONS FACILuu.S ON SOUTH 4m ~.lAr...IH (Ord, 96-2147) - L. Rigby
Director of Administrative Services Louis Rigby addressed Council regarding the summary and
recommendation to approve a contract with Southwestern Bell Telephone through Contract Land Staff, mc,
to install a loop electronic cabinet on City property, Mr, Rigby provided Council with a picture of a
similar structure in the City of Deer Park, Mr, Rigby then introduced Mr, Bill Strickland from Contract
Land Staff, mc" and Mr, Stephen Bush from Southwestern Bell Telephone,
Council suggested the structure have landscaping and safety measures around it. City Manager Robert T,
H...."'... responded with his support to enforce the 6% landscaping and stated he will visit with the
contractor regarding this issue,
e e
Minutes Public Hearing
And Regular Meeting
La Porte City Council
November 11, 1996, Page 11
Assistant City Attorney read: ORDINANCE 96-2147 - AN ORDINANCE APPROVING AN
AUTHORIZING AN AGREEMENT BETWEEN THE ~u i OF LA PORTE AND SOUTHWESTERN
BELL TELEPHONE COMPANY , FOR AN EASEMENT FOR TELECOMMUNICATIONS FAClLLl.wS
ON SOUTH 4TH STREET; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AND
EFFEL:llVE DATE HEREOF,
Motion was made bv Counciloerson McLaullhlin to a~~.~/e Ordinance #96-2147 as read bv the Assistant
City Attornev. Second by Councilperson Sutherland. The motion carried, 5 ayes, 0 nays,
Ayes: Councilpersons Sutherland, McLaughlin, Clarke, and Gay, and Mayor Pro-Tern Porter
Nays: None
21. CONS.u.J~ A.: ~:.<~OV AL OR ouu.R ACTION REGARDING AN ORDINANCE AUTHORIZING
AN AGREEMENT BETWEEN CITY OF LA PORTE AND CLAUNCH AND MILLER, INC., FOR
PROFESSIONAL ENGThIJ~..r..tdNGSERVICESFOR W ATERLINEREPLACEMENT (Ord. 96-2148)
- S. Gillett
Director of Public Works Steve Gillett addressed Council regarding the summary and recommendation to
approve an ae,.,......Amt with Claunch & Miller for engineering services for 3 waterline replacement projects.
Mr, Gillett answered Council's questions and concerns regarding the projects,
Assistant City Attorney read: ORDINANCE 96-2148 - AN ORDINANCE APPROVING AND
AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND CLAUNCH &
MILLER, INC, FOR PROFESSIONAL ENGINEERING SERVICES FOR WATERLINE
REPLACEMENT; APPROPRIATING NOT TO EXCEED $25,475,00 TO FUND SAID CONTRACT;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO It1Jj, SUBJECT; FINDING
COMPLIANCE WITH It1Jj, OPEN MEJjllNGS LAW; AND PROVIDING AND EFFE~l1VE DATE
HEREOF,
Motion was made bv Counciloerson McLaullhlin to a~~.~ Ie Ordinance #96-2148 as read bv the Assistant
~itv Attornev. Second by Councilperson Gay, The motion carried, 5 ayes, 0 nays,
Ayes: Councilpersons Sutherland, McLaughlin, Clarke, Gay, and Mayor Pro- Tem Porter
Nays: None
22. CONSIDER A~~:.<~OV AL OR tJJ.~.l\, ACTION REGARDING A RESOLUTION FROM J.~ CITY
COUNCIL OF J.~CITYOFLAPORTESUPPORTINGRETAINING J.~BA~nu: TEXAS
AT ttr.A PRESENT D.e.l\,m AT J.~ SAN JACINTO BATTLEGROUND PARK AND OPPOSING
RECONFIGURATION OF J.~ SAN JACINTO BATTLEGROUND PARK (Res. 96-oS) - Mayor
Malone
Mayor Pro- Tem Alton Porter addressed Council regarding Resolution 96-08,
Mayor Pro-Tern read: RESOLUTION 96-08 - A RESOLUTION OF THE CITY COUNCIL OF u1Jj
L:ll i OF LA PORTE, SUPPORTING RETAINING l.t1l:i BATTLESHIP TEXAS AT HER PRESENT
BERTH AT THE SAN JACINTO BATTLEGROUND PARK AND OPPOSING RECONFIGURATION
OFlt1Jj, SAN JACINTO BATTLEGROUND PARK
e e
Minutes Public Hearing
And Regular Meeting
La Porte City Council
November 11, 1996, Page 12
Motion was made bv Councilnerson McLaudtlin to a__.~le Resolution 96-08 as read bv the Mavor Pro-
Tem with chanS!es and/or additions~ Second by Councilperson Sutherland, The motion carried, 5 ayes,
o nays,
Ayes: Councilpersons Sutherland, McLaughlin, Clarke, Gay, and Mayor Pro- Tem Porter
Nays: None
23. CON~w.r.A APPROVAL OR V.l.~A ACTION REGARDING A RESOLUTION BY .I.~ CITY
COUNCn.. OF .I.~ CITY OF LA PORTE A~ ~~.OVING .I.~ PARTICIPATION OF .I.~ CITY
OF LA PORTE POLICE DEPARTMENT ~ un HARRIS COUNTY ORGANIZED CRIME AND
NARCOTICS TASK FORCE GRANT PROGRAM (Res, 96-09) - B. Powell
Chief of Police Bobby L. Powell addressed Council regarding the summary and recommendation with an
updated resolution, Resolution 96-09 will read participation with the City of Bay town in a joint grant
application with the Criminal Justice Division of the State of Texas for funding the Harris County
Organized Crime and Narcotic Task Force,
Assistant City Attorney read: RESOLUTION 96-09 - A RESOLUTION BY uib CITY COUNCIL OF
Uib CITY OF LA PORTE, TEXAS, AUTHORIZING AN AGREEMENT TO CONTINUE
PARTICIPATION WITH THE CITY OF BAYTOWN IN A JOINT GRANT WITH Uib CRIMINAL
JUSTICE DIVISION OF Uib STATE OF TEXAS FOR FUNDING THE HARRIS COUNTY
ORGANIZED CRIME AND NARCOTIC TASK FORCE,
Motion was made bv Councilnerson Sutherland to a~_. ~'le Resolution 96-09 as read bv the Assistant City
Attornev. Second by Councilperson Gay, The motion carried, 5 ayes, 0 nays,
Ayes: Councilpersons Sutherland, McLaughlin, Clarke, Gay, and Mayor Pro- Tem Porter
Nays: None
24. CONSIDER APPROVAL OR V.l.n.J!..J.( ACTION REGARDING A RESOLUTION TO BE
SUBl\-.I..I..1. .I..r.D TO In.J!.. 75th LEGISLATURE TO SUPPORT A A.t,.r~AL OF SECTIONS 43.077
AND 43.078 OF .I.~ LOCAL GOVERNMENT CODE, WHICH WOULD IMPACT In.J!..
DISSOLUTION OF .I.n.J!.. CLEAR LAKE WA.I..r.A AUTHORITY ~unOUT BENEFIT OF
AGREEMENT BY In.J!.. MUNICIPALITIES \\.1..1. fili.J .I.n.J!.. AUTHORITY'S SERVICE AREA (Res.
96-10) - R. T. H...... '-'"
City Manager Robert T, H,;,u...... addressed Council regarding the summary and recommendation to support
a Resolution to repealing Sections 43,077 and 43,078 of the Local Government Code which impacts the
dissolution of the Clear Lake Water Authority, Mr, Hf...,;,... also presented a colored slide of the ldvl',erty
that is governed by the Clear Lake Water Authority,
Mayor Pro-Tem read: RESOLUTION 96-10 - A RESOLUTION BY THE CITY COUNCIL OF Utb
CITY OF LA PORTE, TEXAS, TO BE SUBMll1blJ TO THE 75TH LEGISLATURE TO SUPPORT
A REPEAL OF SECTIONS 43,077 AND 43,078 OF THE LOCAL GOVERNMENT CODE, WHICH
IMPACT THE DISSOLUTION OF THE CLEAR LAKE WATER AUTHORITY WITHOUT BENEFIT
OF AGREEMENT BY MUNICIPALll1bS WITHIN THE AUTHORITY'S SERVICE AREA,
e e
Minutes Public Hearing
And Regular Meeting
La Porte City Council
November 11, 1996, Page 13
Mr, H........... and Mr, Armstrong answered Council's concerns regarding the property and the Authorities
boundaries.
Mayor Pro-Tern Alton Porter called for a 5 minute break at 9:50 p,rn,
Mayor Pro-Tern Alton Porter reconvened the Council rneeting at 9:58 p,rn,
Motion was made bv Councilnerson McLau$lin to au....ule Resolution 96-10 as read bv the Mavor Pro-
Tern. Second by Councilperson Gay, The motion carried, 5 ayes, 0 nays.
Ayes: Councilpersons Sutherland, McLaughlin, Clarke, Gay, and Mayor Pro-Tern Porter
Nays: None
25, CON~llJ.r.x INSTRUCTING .l.m. DIRECTOR OF FINANCE TO AMEND .l.m. VARIOUS
v..:~RATING BUDGETS FOR OUTSTANDING PURCHASE ORuJ!.M - K. Hutton
Accounting Supervisor Kathy Hutton, addressed Council regarding the summary and recommendation to
amend various operating budgets for outstanding purchase orders,
Motion was made bv Councilnerson Clarke to authorized the Finance Director to amend the various
oneratinl! budl!ets for outstandinf nurchase orders. Second by Councilperson McLaughlin, The motion
carried, 5 ayes, 0 nays,
Ayes: Councilpersons Sutherland, McLaughlin, Clarke, Gay, and Mayor Pro-Tern Porter
Nays: None
Mayor Pro- Tem Alton Porter remarked, "The city does not have to spend budgeted money by the end of
the budget year,"
26, CONSENT AGENDA - ANY l.lJ!.M MAY BE REMOVED BY A COUNCIL..:~:ftSON FOR
DISCUSSION
A, CONSIDER AWARDING A BID FOR THE PURCHASE OF PLASTIC GARBAGE BAGS TO
ARROW INDUSTRIES - S, Gillett
B, CONSIDER DECLARING SCOURGE MOSQUITO CONTROL AGENT A SOLE SOURCE
lltlM AND AUTHORIZE PURCHASE OF 1l1.tl MATERIAL FROM B & G, CHEMICAL-
s' Gillett
C, CONSIDER AWARDING A BID FOR THE ANNUAL SUPPLY OF FLUIDS, OILS, AND
LUBRICANTS TO JONES OIL, INC, - S, Gillett
D. CONSIDER AWARDING A BID FOR TWO SPORT VEmCLES TO A,C, COLLINS FORD-
B, Powell
------------------- - -- -- -- ------- --------- --- -------
e e
Minutes Public Hearing
And Regular Meeting
La Porte City Council
November 11, 1996, Page 14
Motion was made bv Counciloerson McLauVhlin to aUUAU Ie the Consent Al!enda as nresented. Second
by Councilperson Gay, The motion carried, 5 ayes, 0 nays,
Ayes: Councilpersons Sutherland, McLaughlin, Clarke, Gay, and Mayor Pro- Tem Porter
Nays: None
27. ADMINISTRATIVE REPORTS
City Manager Robert T, H.......4 expressed his appreciation to Council for the time they have devoted to
this meeting with its difficult policy issues, He reminded Council of the Executive Session and wished all
a Merry Christmas and Happy New Year,
28, COUNCIL ACTION
Councilpersons Sutherland, McLaughlin, Gay, Clarke, and Mayor Pro-Tem brought items to Council's
attention.
29. EXECUTIVE SESSION - PURSUANT TO PROVISION OF uu" v'.J!.N MEETINGS LAW,
CRA. J.U\. 551,071 J..nAOUGH 551,076, AND 551,084, TEXAS GOVERNMENT CODE, -
(CONSULTATION ~Hn ATTORNEY, DELlDU\ATION REGARDING REAL PROPERTY,
DELlDJ!.AATIONREGARDING PROSPE\...J.J. YE GIFT OR DONATION, .~ASONNELMAJ. J.J!.AS,
COl'lJ.l.l!.AENCE ~ un EMPLOYEES, DELmERATIONREGARDING SECURITY DEVICES, OR
EXCLUDING A WITNESS DURING EXAMINATION OF ANOuU"A WITNESS IN AN
INVESTIGATION)
A. Section 551.071 - [CONFERENCE ~ u n EMPLOYEE(S)]
RECEIVE REPORT FROM CITY MANAGER REGARDING A POLICE MAl. J..I!.J.(
Council retired into executive session at 10:11 p,m, under Section 551.075, (Conference with Employees),
Receive ...,..u.t from City Manager regarding a Police matter, Council returned to the table at 10:57 p,m,
with no action taken,
30. CON~ll1U\ATION AND POS~lDLE ACTION ON u.l!.MS CONSIDERED IN EXECUTIVE
SESSION
There were no consideration for this item.
31, ADJOURNMENT
There being no further business to come before Council, the meeting was duly adjourned at 10:59 p,m,
R~t'"...tful1y submitted,
~XF
Rhonda L. Yockov, Assistant City Secretary
e e
Minutes Public Hearing
And Regular Meeting
La Porte City Council
November 11, 1996, Page 15
Passed and An,v/ed this the 13th
day of January, 1997
;f/)mA~a/~
Norman L. Malone, Mayor
.
.
~
e e
..
. - -. - . -
~- - -- - -
e e I,.. 1""".'1 I' , "
RECEIVED
Memorandum NOV 2 0 1996
lJll Y SECRETARY'S
November 20, 1996 OFFICE
TO: Sue lenes. City Secretary ~ ,
FROM: Kimberly Meismer, Human Resources Manager
SUBJECT: City Council Agenda Request
Please recognize the Employee of the Quarter for July, August, September 1996 at
the City Council meeting scheduled for December 16, 1996. The EOQ is Serafin
Cervantes, A narrative is attached, Thank you,
----
e e
Employee of the Quarter
July-August-September 1996
Serafin Cervantes
Serafin Cervantes began his employment with the City of La Porte on
June 19, 1995 as a Custodian in the Police Department. He came to the
City from Brown and Root. Over the past year and a half, he has been
rated as excellent on both of his evaluations. Lt. Carl Crisp nominated
Serafin as Employee of the Quarter for July, August, & September 1996.
Lt. Crisp stated in his nomination, "Serafin is one of the hardest working
individuals I've seen in a long time. He is an exemplary employee and has
shown, in his short time with the Police Department, an excellent work
ethic. His on time and attendance record are exceptional. There is no job
too small, no detail too trivial, and no task that is too difficult for Serafin
to give his best effort. Every member of the Police Department is happy
to see him come to work and he reflects his upbeat attitude and genuine
desire to be helpful on his co-workers."
.. e
,
-- . - - . -. -- .
- ..
REQUEI FOR CITY COUNCIL AGENOAEM
Agenda Date Requested: Decem _ 1996
)\
Requested By: Louis Rimv Department: Administration
Report Resolution X Ordinance
Exhibits: Ordinance
Memorandum
"'" .. ." ,--,-,,,,,,,-,,"',. .. ,. .._,.., ".""., "'..--...-., .,."" ".,,_.'., ...,--.-.-.."'''. ,.. ,..., ""." ,. .
SUMMARY AND RECOMMENDATION
The Texas Municipal Retirement System allows cities to adopt an ordinance allowing updated
service credits and increased annuities to current retirees, Council has asked that we review this
provision on an annual basis.
Updated Service Credits allow a current employee's estimated retirement to be calculated from
the last three years wages. Current retirees may have their monthly annuity increased up to 70%
of the CPI-U. Cost to the City for both is $53,000 amortized over 25 years.
Action Required by Council:
Adopt ordinance authorizing updated service credits and increased annuities to current retirees..
Availability of Funds:
_General Fund _VVaterIVVastevvater
_Capital Improvement _General Revenue Sharing
_Other
Account Number: Funds Available: Yes No
Approved for City Council Agenda
QJ~T. ~ \ '2..- \'2..-q~
Robert T. Herrera, Date
City Manager
( e ORDINANCE NO. 1875 - D (_
AN ORDINANCE AMENDING ORDINANCE 1875, AN ORDINANCE AUTHORIZING AND
ALLOWING, UNDER 1~ ACT GOVERNINGl.t:1.b TMAS MUNICIPAL K1U.l.K.I::!..MENT
SYSTEM, "UPDAuID SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE J:"~ORMED BY
QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT
OFl.t:1.b CITY OF LA PORTE; FINDING COMPLIANCE Wnri Bib Orm-l Mfuull-lGS LAW;
AND PROVIDING AN &.t<b\.;n VB DATE HEREOF.
BE IT ORDAINED BY THE \";11 i COUNCIL OF 1~ \";11 i OF LA PORTE:
Section 1. Authorization of Undated Service Credits.
-
(a) On the terms and conditions set out in Sections 853.401 through 853.403 of Subtitle G of
Title 8, V,T.C.A., Government Code, as amended (hereinafter refw...~ to as the "TMRS Act.), each
member of the Texas Municipal Retirement System (hereinafter ref"u~ to as the "System") who has
current service credit or prior service credit in the System in force and effect on the 1st day of January
of the calendar year preceding such allowance, by reason of service in the employment of the City, and
on such date has at least 36 months of credited service with the System, shall be and is hereby allowed
"Updated Service Credit" (as that tenn is defined in subsection (d) of Section 853.402 of said title) in
an amount that is ~ of the "base Updated Service Credit" of the member (calculated as l".L'u,lided
in subsection (c) of Section 853,402 of said title). The Updated Service Credit hereby allowed shall
replace any Updated Service Credit, prior service credit, special prior service credit, or antecedent
service credit l".L".1ously authorized for part of the same service.
(b) On the tenns and conditions set out in Section 853.601 of said title, any member of the
System who is eligible for Updated Service Credits on the basis of service with this City, and who has
unforfeited credit for prior service and/or current service with another participating municipality or
municipalities by reason of l'.L>:.nous service, and was a contributing member on the 1st day of January
of the calendar year preceding such allowance, shall be credited with Updated Service Credits pursuant
to, calculated in accordance with, and subject to adjustment as set forth in said 853.601.
(c) In accordance with the provisions of subsection (d) of Section 853.401 of said title, the
deposits required to be made to the System by employees of the several participating departments on
account of current service shall be calculated from after the date aforesaid on the full amount of such
person's earnings as an employee of the City.
Section 2. Increase in Retirement Annuitie.Cl~
(a) On tenns and conditions set out in Section 854.203 of Subtitle G of Title 8, V.T,C.A.,
Government Code, as amended, the City hereby elects to allow and to provide for payment of the
increases below stated in monthly benefits payable by the System to retired employees and to
beneficiaries of deceased employees of this City under CUu'-ut service annuities and prior service
annuities arising from service by such employees to this City. An annuity increased under this Section
replaces any annuity or increased annuity previously granted to the same person,
(b) The amount of annuity increase under this Section is computed as the sum of the prior and
current service annuities on the effective date of retirement of the person on whose service the annuities
are based, multiplied by 70% of the percentage change in Consumer Price Index for All Urban
Consumers, from December of the year immediately preceding the effective date of the person's
retirement to the December that is 13 months before the effective date of this ordinance,
( e (_
ORDINANCE NO. 1875 - D
PAGE 2
(c) An increase in an annuity that was reduced because of an option selection is reducible
in the same 'pj,upOrtion and in the same manner that the original annuity was reduced.
(d) Ifa computation hereunder does not result in an in"j,~ in the amount of an annuity,
the amount of the annuity will not be changed hereby.
(e) The amount by which an increase under this Section exceeds all previously granted
in"j,~ to an annuitant is an obligation of this City and of its account in the municipality
accumulation fund of the System.
Section 4. The City Council 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 5'1. Subject to a'pl'j,uial by the Board of Trustees of Texas Municipal Retirement
System, the updated service credits and in"j,~ in retirement annuities granted hereby shall
be and become effective on the 1st day of January, 1997,
PASSED AND Al-.t'KOVED, this the 16th day of December, 1996.
;I;, CITY OF LA PORTE
ByJ/1l/~/IIt ~
/ \ NOnruul L. Malone, Mayor
All~T:
~d~dMt~ ~~
Sue Lenes ~
City S~j,~W'y
MbZ: L
: uJ cC#:;~
Knox W. Askins
City Attorney
---- - --
e e
t-
-- -' .
- . - . -
FOR CITY COUNCIL AGEND~TEM
6. 1996
Requested By: Louis Rim, \\ Department: Administration
Report Resolution X Ordinance
Exhibits: Ordinance
.,............,-- ...."" ..,.,_."...., .. . ,."",..--.,.,- '"'" .". '" """".,""'..'"'' ".,,, '."-" ..~,.__.. .. ".., ...."...._" . ....",.....",,,,,,,,,.. ",,,..
SUMMARY AND RECOMMENDATION
The Texas Municipal Retirement System allows, through HB 2168, allows granting of optional
restricted prior service credit, for benefit eligibility purposes, for service with certain airport
authorities, or forfeited service in any statewide retirement system in Texas. This amendment
expands the current restricted prior service credit which applies to service in a non TMRS city in
Texas, municipal service in another state, and service with a council of governments (COG) in
Texas. Adopting this provision provides time credit only and does not require any additional
contribution by the employee or the City.
Action Required by Council:
Adopt ordinance authorizing updated service credits and increased annuities to current retirees..
Availability of Funds:
_General Fund _Water/Wastewater
_Capital Improvement _General Revenue Sharing
- Other
Account Number: Funds Available: Yes No
Approved for City Council Agenda
RtJ~.-\~ l. ~ \1.- \1...-9~
Robert T. Herrera, Date
City Manager
- --- ---------------------------- -- ---------------------
-----------------
/-e (.e
(
ORDINANCE NO. 96 - 2142
AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE
TEXAS MUNICIPAL RETIREMENT SYSTEM, RESTRICTED PRIOR SERVICE CREDIT TO
EMPLOYEES WHO ARE MEMBERS OF THE SYSTEM FOR SERVICE PREVIOUSLY
PERFORMED FOR VARIOUS OTHER PUBLIC ENTITIES FOR WHICH THEY HAVE NOT
RECEIVED CREDITED SERVICE; 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, TEXAS:
Section 1. Authorization of Restricted Prior Service Credit.
(a) On the tenns and conditions set out in Section 853,305 of Subtitle G of Title 8, Texas Government
Code, as amended (hereinafter referred to as the TMRS Act), each member of the Texas Municipal
Retirement System (hereinafter referred to as the .Systemj who is now or who hereafter becomes
an employee of the City of La Porte, shall receive restricted prior service credit for service previously
perfonned as an employee of any of the entities described in said Section 853.305 provided that (1)
the person does not othelWise have credited service in the System for that service, and (2) the
service meets the requirements of said Section 853,305,
(b) The service credit hereby granted may be used only to satisfy length-of-service requirements for
retirement eligibility, has no monetary value in computing the annuity payments allowable to the
member, and may not be used in other computations, including computations of Updated Service
Credits,
(c) A member seeking to establish restricted prior service credit under this ordinance must take the
action required under said Section 853,305 while still an employee of this City,
Section 2. The City Council 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 3. This ordinance shall become effective on the first day of January, 1997,
PASSED AND APPROVED, this the 16th day of Decemqer, 1996.
I....' ,(;'1
By /kZ'1/ II 7/;1 ~~
'--Norman Malone, Mayor
A TrEST:
&f!e:!f- eX ~ !I4d &1y ~ r
Ci~elary /
l'
(?::v/ -cJ?K~
Knox Askins
City Attorney
e e
~
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-- -- --------------- ---- ------ -----...----------
REQU FOR CITY COUNCIL AGEND~TEM
Agenda Date Requested: Decem 1996
Requested By: Louis Riebv '~ Department: Administration
Report Resolution Ordinance
Exhibits:
SUMMARY AND RECOMMENDATION
The Texas Municipal Retirement System allows a current employee to buy back forfeited TMRS
service if the City adopts such an ordinance and the . employee has been employed by the City for
at least two years. The last time this ordinance was adopted was in February, 1984. Anyone
hired after that date would not be eligible unless a new ordinance is passed.
There are approximately 25 employees who have eligible forfeited service. The cost to a
particular employee would be a lump sum equal to the amount withdrawn from the system, plus a
withdrawal charge computed at an annual rate of five (5) percent. Prior to the adoption of this
provision, TMRS would be required to complete a buy back study to determine the cost to the
City. The last such study was done in 1995 but would have to be updated. At that time, TMRS
determined that the cost to the City would be an additional $18,800 per year. This cost would be
paid by City regardless of the number of employees who actually bought back time,
This item is place before you for discussion only. If Council so directs, TMRS will be instructed
to perform the buy back study and staff will return at a later date for your formal consideration.
Action Required by Council:
Provide direction to staff on whether or not to continue the process for consideration of this
option.
Availability of Funds:
_General Fund _WaterlWastewater
_Capital Improvement _General Revenue Sharing
_Other
Account Number: Funds Available: Yes No
Approved for City Council Agenda
~~Tl ~ 1'2..- \'L-qb
Robert T. Herrera, Date
City Manager
e e
REAsT FOR OTY COUNOL AGENDA 11M
Agenda Date Requested: December 16. 1996
Requested By: Robert T. Herrera Department: Administration
Report Resolution XX Ordinance
Exhibits:
1. Ordinance No,
2. Letter of Request from The Kroger Co.
3. Letter of Response from the City of La Porte
4. Letter of Support from the City of La Porte
SUMMARY & RECOMMENDATION
The project built by Kroger in our City, in my opinion, has been very successful and a positive influence towards our efforts
of economic development. I believe their project will create additional positive growth.
Their grocery sales have exceeded their initial projections which means we benefit by additional sales taxes. They employ
more than twice the amount of full-time employees at this store when compared to their prior location in La Porte.
In the City's efforts to negotiate a large store from Kroger, I pledged my support to Kroger to provide some relief to the
enhancements needed along Fairmont Parkway. I believe it appropriate that the City allow this reimbursement to occur.
According to Mr. Obermeier, the costs of the improvements totaled $33,500. City staff has reviewed the calculations, which
were used as the basis for the request and recommends City Council authorize the City Manager to reimburse The
Kroger Co.
Funds are available from account #015-9892-700-9150 for this reimbursement.
Action Required by Council:
Authorize City Manager to expend funds for $33,500 to reimburse The Kroger Co.
Availability of Funds:
XX General Fund_ W aterlW astewater
_ Capital Improvement_ General Revenue Sharing
- Other
Account Number: 015-9892-700-9150 Funds Available: X YES _ NO
ADDroved for Citv Council Agenda
~T, ~ \ 'L- n..~ I.-
Robert T. Herrera Date
City Manager
( e (_
ORDINANCE NO. 96- 2143
AN ORDINANCE APPROPRIATING THE SUK OF $33,500.00 FOR ENGINEERING
AND CONSTRUCTION OF IMPROVEH~,~S TO FAIRHONT PAR,i\.iliaY AT ..AJlo KROGER
C.:...~..ER .6...,...AANCE; FINDING COMPLIANCE WITH ..AJlo OPEN MEETINGS LAW; AND
PROVIDING AN EFFECT~v~ DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council of the city of La Porte
authorizes payment of $33,500.00 to the Kroger Company, for
reimbursement of engineering and construction expenses for the
improvement of Fairmont Parkway, at the Kroger Center entrance.
This appropriation is subj ect to City staff review of cost and
expense information furnished by the Kroger Company. The sum of
$33,500.00 is appropriated from the City of La Porte street and
alley closing fund.
Section 2. The ci ty 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 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 16th day of December, 1996.
CITY, OF LA PORTE
By: /h/NJ'/~1.. ~~
/~anL. Malo , Mayor
Ie (e
ORDINANCE NO. 96- 2143 PAGEl 2
ATTEST:
~bf~
~~ i.:.fte&) (<h{)n~ L. Y{)t!.-k.iJv
,City Secretary
Knox W. Askins,
City Attorney
e e
<HE WC(3er co
16770 IMPERIAL VALLEY DR,' HOUSTON, TEXAS 77060-3406
REAL ESTATE DEPARTMENT MAILING ADDRESS:
HOUSTON MARKETING AREA P. O. BOX 1309
HOUSTON, TX 77251-1309
-
TELEPHONE: l713l 507-4814
FAX: (713) 507-4804
November 5, 1996
Mr. Robert Herrera
City of La Porte
P.O. Box 1115
La Porte, Texas 77572-1115 -'! ".-.
C'} ;,' /'-/': '
I v .. - .~\ l
i / 'I',~ ,~
Ref: NWC SH 146 & Fairmont Parkway Yi.....j/:! .1 _
(] , f ",..
>./Fr:;,c' l~.::-';;"
1/ t... "~
c:
Dear Bob:
As you recall from our meeting on December 13, 1995 in Mr. Zincke's office, we
discussed the need for road improvements on Fairmont Parkway to allow for safe and
uncongested traffic flow in and out of the new development. During the meeting you
pledged your support in obtaining up to $70,000 from the City to fund enhancements
along Fairmont Parkway & SH 146. With this understanding, Kroger performed the
road improvements we discussed in conjunction with the construction of it's new store.
The total cost for engineering and construction of road improvements to Fairmont
Parkway was $33,500.
On behalf of Kroger I am now requesting reimbursement of the above amount from the
City of La Porte. Please advise if I need to do anything further in this regard.
Sincerly,
THE KROG1/CO.
(:J . / I..
,'/
/. /,
~' { It;".
, ./~, I \ //.v {..(Jf
I"~ ". \-.,-&.-.- ...'..... --
· im Obermeier
Asst Real Estate Manager
cc Bob Zincke
John Joerns
e e
City of La Porte
Established 1892
November 25, 1996
Mr. Jim Obermeier
Assistant Real Estate Manager
The Kroger Co.
P,O. Box 1309
Houston, Texas 77251-1309
RE: NWC SH 146 & Fairmont Parkway
Dear Mr, Obermeier:
Your new Kroger store in La Porte is quite an asset for our community. I have heard very
positive reports about the store,
I appreciate your November 5, 1996, letter and support your request. I will place on the
December 16, 1996, City Council meeting an action item for Council to consider our joint
request for reimbursement of $33,500 for transportation improvements,
I will need a cost breakdown of the improvements and how you calculated the $33,500
allocation. I would also like for you to attend the meeting of December 16, 1996, which starts
at 6:00 pm,
Also, I am pleased to report that in an effort to continue to promote economic development
opportunities within La Porte, the City Council authorized the appropriation of $140,000 for
building South 14th Street. We hope these funds are sufficient for the planned improvements,
Jim, I want you to know that I will support this payment, but City Council has final approval.
Should Council concur, then I will feel that my pledge to you and Mr, Zincke has be fulfilled,
Please call me so we can discuss this opportunity,
Sincerely,
~~T ~
Robert T, Herrera
City Manager
RTH:cjb
c Bob Zincke, The Kroger Co,
Mayor and City Council
1).\' BI1\ 11!~ · L~l ["\)r~l', Tl':{;l' 7,;~:~1 i ,.; · (71 \) 471.:;(,2l'
. e
City of La Porte
Established i 892
January 3, 1996
Mr. Bob Zincke, President
The Kroger Co.
16770 Imperial Valley Drive
Houston, Texas 77060
Dear Mr. Zincke:
Thank you for visiting with Mayor Malone and myself on December 13, 1995,
In our meeting with Mr. Obermeier, it became clear to us the proposed Kroger store you plan to build is still very
high on your priority list. We certainly understand the store's merit depends on financial margins that make good
business sense.
During the meeting, I pledged that I would use my strongest support and ask the La Porte City Council to consider
returning some of its resources obtained from street and alley closings from lA.C./Kroger back into this project by
way of infrastructure improvements in one or more of the following areas water, sewer, drainage or transportation.
The City is limited in what it may do in order to promote economic development within targeted areas.
Without knowing what the final site plan will be for your development or having been provided with some
engineering estimate, I agreed that I would recommend the City consider contributing up to $70,000 for enhancement
along Fairmont Parkway or SH 146. By doing so, the City will have input on how best to insure our citizens can
visit your store safely and also to promote the development of other amenities in that immediate locale,
Once your site plans are finalized and you have closed on your property, please let me know and I will begin to meet
with the La Porte City Council.
Sincerely,
6<~ T ~
Robert T. Herrera
City Manager
RTH:cjb
cc City Council
John Joems, Assistant City Manager
Jim Obermeier, The Kroger Co.
James Cummins, Jr., lA.C. Interests, Inc.
r,l'. p,"C\ 11\') · Llr\)rte,Te'\;1'77=;7~-111'i · (71~)471-'i020
ee
REQUI- FOR CITY COUNCIL AGENDA !M
Agenda Date Requested: December 16. 1996
Requested By: Guv Rankin (?jJIi1. Department: Plannina
Report Resolution X Ordinance
Exhibits: .
1. Ordinance 1501-W
2, Planning & Zoning Commission's Staff Reports for Rezonings
3. Signature List of Area Residents Favoring the Rezoning
4, Area Map
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SUMMARY & RECOMMENDATION
Summarv
The Planning & Zoning Commission, during its October 17, 1996, meeting, held a
public hearing to receive citizen comment regarding Rezone Request #R96-006, The
request, submitted by Dorothy E, Stevens (owner), seeks to rezone Trs, 18B and
18F, Crescent View, The property in question is further described as being located
at 2757 Old Hwy, 146 (S, Broadway). The applicant seeks to have the property
rezoned from High Density Residential (R-3) to Neighborhood Commercial (NC) for use
as a beauty salon, The Commission voted to table the request until the November
21 st, Planning and Zoning Commission meeting, The item was tabled in order to give
the applicants an opportunity to provide more information for the Commission's
consideration, Staff's Reports for the two rezonings from the October 17th meeting
is attached,
The Public Hearing was reconvened during the November 21st meeting, Ms, Stevens
submitted a signature list she obtained from area residents who are in favor of the
rezoning,
After receiving input from both proponents and opponents, the Commission
unanimously voted to recommend to Council, approval of the request, subject to the
following conditions:
1, Landscaping (6%) should be provided at the site and maintained in the
future,
2, Existing parking be changed to a dust free material.
3, New parking area be striped to comply with current parking
requirements,
4, Any dumpster shall be located at the rear of the property and be
screened from view,
In acting upon a zone ch.e request, the Planning and zore Commission and in
turn, City Council, are charged to consider the following factors:
. Was the current zoning designation reasonable?
. Was any error made in the assignment of the current zoning?
. Is the requested designation compatible with the intent and goals of the
City's Comprehensive Plan?
It is the burden of the applicant to demonstrate whether any of these criteria have
been satisfied,
If Council approves this request, a legal description of the area to be rezoned will be
provided by the applicant, An affirmative vote of at least three-fourths (3/4) of the
City Council is not required, A majority vote is all that is necessary to either approve
or deny the rezoning request,
In preparation for this public hearing, staff has satisfied all public notice requirements,
including a mailout to the owners of all properties located within 200 feet of the tract
in question, A total of 10 notices were mailed, If any replies are received, they will
be provided to Council at the December 16, public hearing,
Recommendation
The Planning & Zoning Commission, by unanimous vote, has recommended approval
of Rezone Request #R96-006,
Action Required by Council:
1, Conduct a public hearing,
2. Consider approval of Ordinance 1501-W, amending Ordinance 1501,
Availability of Funds: N/A
General Fund Water /Wastewater
Capital Improvement General Revenue Sharing
Other
Account Number: Funds Available: YES NO
ADD roved for Citv Council Aaenda
G<~~ \. \~ \ "L- \~ q("
Robert T, Herrera DATE
City Manager
- -
THE STATE OF TEXAS )
COUNTY OF HARRIS )
CITY OF LA PORTE )
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Ordinance 1501, the City
of La Porte Zoning Ordinance, notice is hereby given that the La
Porte Planning and Zoning Commission will conduct a public hearing
at 6:00 P.M. on the 17th day of October, 1996, in the Council
Chambers of the City Hall, 604 West Fairmont Parkway, La Porte,
Texas. The purpose of this hearing is to consider request R96-006,
which has been requested for Trs, 18B and 18F, Crescent View. The
property in question is further described as being located at 2757
Old Hwy. 146 (S, Broadway), La Porte, Texas. The request, which
has been submitted by Dorothy E. Stevens, the owner, seeks to have
the property in question rezoned from High Density Residential (R-
3) to Neighborhood Commercial (N,C,).
A regular meeting of the Planning and Zoning CVLLllLLission will
follow the public hearing for the purpose of acting upon the public
hearing items and to conduct other matters pertaining to the
Commission.
Citizens wishing to address the Planning and Zoning Commission
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
EXHIBIT A.
NotICE OF PUBLIC HEARING
-- - 4 ';"~1-
. I~ .--. In accordal'1ce with the provisions of
" '. , " Ordioori&e 1501, the City of La Porte Zoning
. ~ ~- Ordi~~~:-{lotice Is hereb:y given that the
1200 Hwy. 146 La Por Planning and Zening Commission
Suite 180 ! j _ ,
POBox 1414 will conduct a public hearing at 6:00 p.m.
. , on the 17th day of' Dctobet;' 1996, in the
h Council Chambers of the City Hall, 604 West.
I Fairm'\>nt Parkway, La Porte, Texas. ' Thei
purpose of this hearing is to consider requestl
. R96-006, which has been requested for Trs.
T eSt... 1B,.c'~cent View, The property
. in q~est~d'n"iS f rther des~r.' as being.
loca'ted a 2 7 Old wy:- .146 (S.
BroadwaY)ILLalfor.f("'i~as. h request;'
which has 'feel subml d by D rothy E.
Stevens, tlie iwner,.. ~ to have the,
property in questiofl'r zoned form High I
Density Residertial ~ ) to Neighborhoodl
Commercial (N.C.), !
County of Harris A regular meeting of the Planning and\
. Zoning Commission will follow the public!
S tat e 0 f , T exa s hearing for the purpose of acting upon the
public hearing items and to conduct other'
matters pertaining to the Commission,
. . i : ...~ ~ '. '. . ~ ~ I. 7l j
Citizens' wishing to address ihe Planning'
. . , ' and Zoning Commission pro or con during:
Before me, the und~rslgned authorlty, on thlS date the Public Hearing will be required to sign
. in before the meeting is convened, '
came and appeared Sandra E. Bumgarner, duly authorlzed '
. CITY OF LA PORTE
agent of The Bayshore Sun, a seml-weekly newspaper "
.. . T d h City Secretary I
publlshed in La Porte, Harrls County, exas, an w 0 S~~n~
after being duly sworn, says the attached notice was I
published in The Bayshore Sun of September 29, 1996 . I
~J.~
Sandra E. Bumgarner
Office Manager
Sworn and subscribed before me this .s day of ~
A,D.19<9? I. . 1~ L _1"
~ --..:;r~r'~/I1, c:7~"-'
-" .
Notary PubllC
Harris County, Texas
~;,'~:;f!'~.;"""""""J 1"'. ~...........,..,... ~ ~ ~~~r~~,
,
eXHIBlT B
e e
City of La Porte
Established 1892
November 22, 1996
Honorable Mayor Norman Malone and City Council
City of La Porte
Re: Rezoning Request #R96-006
Dear Mayor Malone:
The La Porte Planning and Zoning Commission, during its November 21, 1996, meeting, held
a public hearing to consider Rezoning Request #R96-006, The request, submitted by Dorothy
E, Stevens, owner, seeks to rezone Trs, 18B and 18F, Crescent View for use as a beauty salon,
The property in question is further described as being located at 2757 Old Hwy, 146 (S,
Broadway), La Porte, Texas, The applicant seeks to have the property in question rezoned from
High Density Residential (R-3) to Neighborhood Commercial (NC),
The Planning and Zoning Commission has, by unanimous vote, recommended that Rezone
Request #R96-006 be approved, subject to the following conditions:
1. Landscaping (6%) should be provided at the site and maintained in the future,
2, Existing parking be changed to a dust free material.
3, New parking area be striped to comply with current parking requirements,
4, Any dumpster shall be located at the rear of the property and be screened from
VIew.
Respectfully Submitted,
~\Y~
Betty T, aters
Chairman, Planning and Zoning Commission
c: Robert T, Herrera, City Manager
John Joerns, Assistant City Manager
John Armstrong, Assistant City Attorney EXHIBIT C
La Porte Planning and Zoning Commission
P,O, Box 1115 · La Porte, Texas 77572-1115 · (713)471-5020
- e e
~
THE STATE OF TEXAS )
COUNTY OF HARRIS )
CITY OF LA PORTE )
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Ordinance 1501, the 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.M. on
the 16th day of December, 1996, in the Council Chambers of the City
Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of
this hearing is to consider rezone request R96-006, which has been
requested for Trs. 18B and 18F, Crescent View, The property in
question is further described as being located at 2757 Old Hwy. 146
(S, Broadway) , La Porte, Texas, The request, which has been
submi t ted by Dorothy E. Stevens, the owner, seeks to have the
property in question rezoned from High Density Residential (R-3) to
Neighborhood Commercial (N. C. ) ,
A regular meeting of the City Council will follow the public
hearing for the purpose of acting upon the public hearing items and
to conduct other matters pertaining to the City Council,
Citizens wishing to address the City 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
EXHIBIT D
a .. THES "TE( 'TEXAS _.- __n
_ . COUN .y. OF '.\RRIS
... _ tw. CITY OF LA PORTE
1200 Hwy. 146
Suite 180 NOTICE OF PUBLIC HEARING
P.Q, Box 1414 I rei 'h h . . f
n acco ance Wit t e provIsions 0
Ordlnance 1501, the City La Porte Zoning
S Ordinance, notice is her given that the
La Porte City itlu1 it wit onduct.a. public
hearing a~:~o p. . 0 e 16th day of
Decembe 1996, i e uncit C mbers
of the C 11,0'0 W . irl'OOl'lt
Parkway, Po. exa T p6 . e of
,,", .....,,, I, to oonsId ,,~
R96-006, w h has bee e=d brTrs,
18B and 18F, Crescent , The property
in question is further de ribed as being
located at 2757 Old Hwy, 146 (S.
Broadway), La Porte, Texas, The request,
. which has been submitted by Dorothy E.
Co u n t y 0 f H a r r 1 S Stevens, the owner, seeks to have the
. property in question rezoned from High
S tat e 0 f T e x a s Density Residential (R-3) to Neighborhood
Commercial (N.C.)
A regular meeting of the City Council will
Before me, the undersigned authority, on this date follow Ie put ;hear~ngfor.~purpose
of actir J upon.18 public hearin~ items and
came and appeared Sandra E. Bumgarner, duly author i zed to conduct other matters perta:ning to the
, City Council.
agent of The Bayshore Sun, a semi-weekly newspaper
... Citizens wishing to address the City Cot.r1ciI
publlshed ln La Porte, Harrls County, Texas, and who proorconduringthePublicHearing~1I
be required to sign in before the meeting
after being duly sWQrn, says the attached notice was is convened.
publ i shed in The Bayshore Sun of December 01, 1996 CITY OF LA PORTE
City Secretary
Sue Lenes
L~ A. ~-r1L ~~-L~~
/ Sandra E. Bumgarn~
Office Manager
Sworn and subscribed before me this ~ day ofJ.i)C~~~G~~
A.D. 19ct(,. 'l'
C .\7~/#//.'?)h. d~
NCYtary Public
Harris County, Texas
,..;;;.-'..- ~",.................~........r
-~.................~ ~ ~ ..~..................................../...-::."'0.-
EXHIBlT E
e e
Staff Report Zone Change Request #R96-006 October 17, 1996
Requested for: Trs, 18B and 18F; Crescent View, which is further described as being
located at 2757 Old Hwy, 146 (S, Broadway), La Porte, Texas.
Requested by: Dorothy E, Stevens, Owner
Current Zoning: High Density Residential (R-3)
Requested Zoning: Neighborhood Commercial (NC)
Background: The tract in question has two (2) existing buildings, which in the past have
housed an automotive repair shop and a drinking establishment, In
September, 1989, the zoning of the property became R-3, which resulted
in the buildings and uses becoming considered "pre-existing, non-
conforming" , The building, addressed as 2757, (which housed the
drinking establishment) now operates as a small engine repair business,
The building addressed as 2755 (which housed the automotive repair) still
operates as an automotive repair/body shop,
Analysis: The applicant, Mrs, Stevens, is seeking a rezoning of the property for
2757 Old Hwy, 146 (S, Broadway) to allow a beauty salon business,
(See Exhibit A)
Staff, in reviewing the applicant's request, has found it to be a reasonable
request, The current Land Use Plan does not show the area to be
intended for commercial use, however, the City has been consistent with
providing Neighborhood Commercial along major roads within our city
limits. Also, the property or individual tract(s) may be too small to allow
development of some R-3 uses,
The tract in question does not comply with current commercial regulations
concerning landscaping, building setbacks and parking, however, some
changes to the property could bring the property closer to compliance,
Close proximity to the surrounding residential areas should playa role in
the final decision concerning the NC zoning. An NC designation for the
entire tract (2755 and 2757) would allow the commercial rental of the
property and provide services for the neighborhood, (See Exhibit B)
Conclusion: Staff suggests that the Planning and Zoning Commission consider
approval of Zone Change Request R96-006 to an NC zone based on the
following conditions:
e e
1. Landscaping (6%) should be provided at the site and
maintained in the future,
2, Existing parking be changed to a dust free material.
3, New parking area be striped to comply with current
parking requirements,
4, Any dumpster shall be located at the rear of the property
and be screened from view,
A comprehensive look at existing conditions along Old Hwy, 146 (8, Broadway)
should be strongly considered,
e It
Staff Report Zone Change Request #R96-006 November 21, 1996
A public hearing and meeting of the Planning and Zoning Commission was held on October 17,
1996, to consider approval of Zone Change Request #R96-006, The request was tabled until
the November 21, 1996, meeting to allow the applicant time to prepare a development plan for
the Commission's review,
The applicant, Ms, Stevens, has submitted a sketch plan and a description of her proposed
changes, These documents are identified as Exhibits C & D to correspond with previous
exhibits shown in staff's original October 17th report, No changes have been made to staff's
original report,
e e
Staff Report Zone Change Request #R96-005 October 17, 1996
Requested for: Trs, 17B; 17D; & 17E; Crescent View, which is further described as
being located at 2803 Old Hwy, 146 (S. Broadway), La Porte, Texas,
Requested by: James H, Robertson, Owner's Agent
Current Zoning: High Density Residential (R-3)
Requested Zoning: General Commercial (GC)
Background: The tract in question has an existing building, which in the past has served
as drinking establishments, In September, 1989, the zoning of the
property became R-3, which resulted in the building and use becoming
considered "pre-existing, non-conforming", The building and the use
continued to operate until 1995.
In mid-1995, the electricity and water service was discontinued and the
building became vacant, In May, 1996, the City received a request for
a zoning permit to open a new drinking establishment, Based on the
discontinued utilities and the vacancy of the building, the "pre-existing,
non-conforming use" expired and the zoning permit was denied, At this
time, only a permitted R-3 use would be allowed to operate at this
location,
Analysis: The applicant, Mr, Robertson, is seeking a rezoning (GC) of the property
to re-open a non-conforming use, (See Exhibit A)
Staff, in reviewing the applicant's request, has found some merit to the
request. The current Land Use Plan does not show the area to be
intended for commercial use, however, the City has been consistent with
providing a portion of Neighborhood Commercial (NC) or (GC) along
major roads within our city limits, Also, the property or individual
tract(s) may be too small to allow development of some R-3 uses,
The tract in question does not comply with current commercial regulations
concerning landscaping, building setbacks and parking, however, some
changes to the property could bring the property closer to compliance,
Close proximity to the surrounding residential areas should playa role in
the final decision concerning zoning, Staff feels a (GC) designation would
provide too broad a range of commercial activity and traffic,
A (NC) designation would create an opportunity for the current vacant
e e
commercial property. Neighborhood oriented businesses would aid the
existing area, This zoning change would allow for the current
commercial buildings to be rehabilitated and used for a variety of services,
(SEE EXHIBIT B)
Conclusion: Staff suggests that the Planning and Zoning Commission consider
approval of Zone Change Request R96-005 to a NC zone based on the
following conditions:
1. Landscaping (6 % ) should be provided at the site and
maintained in the future,
2, Existing parking be changed to a dust free material.
3, New parking area be striped to comply with current
parking requirements,
4, Any dumpster shall be located at the rear of the property
and be screened from view,
A comprehensive look at existing conditions along Old Hwy, 146 (S,
Broadway) should be strongly considered,
~~ ~ lJI>>(q~ rd:J
'. '. ~ ~'+'~~.
Site: 2755, &.2757 S. Broadway .
Zone change from High Density Residential (R-3)
to Neighborhood Commercial (NC)
-
Address
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e e
Site: 2755 & 2757 S. Broadway
Zone chang~fro~ High Density Residential (R-3)
to Neighborhood Commercial (NC)
Name. .. Ad~.. .4
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_______0.._
Site: 275~& 2757 S. Broadway e
Zone chang. ~rom High 'Density Residential (R-3)
to Neighborhood Commercial (NC)
Name Address
.
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.
.
,
I
LEGEND -
PROPOSED NEIGHBORHOOD COMMERCIAL -0.f'Z :::;['
0 SINGLE-FAMilY
DETACHED RESIDENTIAL o 100 2QI om
- -
- -
. MULTI-FAMilY -....
DETACHED RESIDENTIAL
-: COMMERCIAL/OFFICE
INDUSTRIAL
. PUBLIC/INSTITUTIONAL
. PARKS & OPEN SPACE
. UNDEVELOPED
. OPEN WATER
0 OTHERS/PUBLIC R.O.W,
-..-..-..- SECTOR BOUNDARY
-,'..,.,..',.".',.,,- CITY LIMIT
ZONING BOUNDARY
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101
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SOUTH BRDAD\rIAY
1. 2755 & 2757 OLD HWY. 146 (S. BROADWAY)
TRS. 18B, 18F; CRESCENT VIEW ... -- """"
APPLICANT: DOROTHY E. STEVENS CITY OF LA PORTE
IIC11II 30: a..-a LAND UIE
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ItAa ,._ _... fG'IJl ..,...
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. 1
REQU. FOR CITY COUNCIL AGENDA 1&
Agenda Date Requested: Dece~r 16. 1996
Requested By: Guv Rankin r. ) Department: Plannina
Report Resolution X Ordinance
Exhibits:
1, Ordinance 1501-X
SUMMARY & RECOMMENDATION
Summarv
,
The Planning & Zoning Commission, during its October 17, 1996, meeting, held a
Public Hearing to receive citizen comment regarding a proposed amendment to the
City's Zoning Ordinance regarding Landscape Requirements, Section 5-701, 5-800,
6-600, 7-601, 10-103, and 10-508, Current ordinance language addresses the
percentage, location, and type of landscaping required, The intent of this ordinance
provision is to provide permanent beautification as long as the business exists. To
date, many businesses have failed to maintain these requirements, They are legally
in violation of the ordinance, Staff's recommendation was to add to the ordinance,
the following clarification statement: Required landscaping must be maintained by the
property owner and/or occupant. Also, required minimum landscaping for Business
Industrial (BI), Heavy Industrial (HI), and light Industrial (L1) shall be six percent (6%),
The request was tabled for further consideration until the November 21, 1996,
meeting, at which time the Public Hearing was reconvened, By unanimous vote, the
Commission recommended City Council consider approving this amendment to
Ordinance 1501 ,
Recommendation
The Planning & Zoning Commission has recommended approval of the proposed
amendment, Staff concurs with the Commission's recommendation,
Action Required by Council:
1, Conduct a public hearing,
2, Consider approval of Ordinance 1501-X,
Availability of Funds: N/A
General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other
Account Number: Funds Available: YES NO
Aooroved for Citv Council Aaenda
~~ \1 ~ l't- lo~q(..
Robert T. Herrera DATE
City Manager
(e (_
ORDINANCE NO. 1501-X
AN ORDINANCE AMENDING ORDINANCE 1501, THE CITY OF LA PORTE ZONING
ORDINANCE, ARTICLE V, "RESIDENTIAL DISTRICT REGULATIONS," SECTIONS 5-
701 AND 5-800, ARTICLE VI, "COMMERCIAL DISTRICT REGULATIONS," SECTION 6-
600, ARTICLE VII, "INDUSTRIAL DISTRICT REGULATIONS," SECTIONS 7-600 AND 7-
601, AND ARTICLE X, "SPECIAL REGULATIONS"; SECTIONS 10-103 AND 10-508;
PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE
SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION
BE FINED A SUM OF NOT MORE THAN TWO THOUSAND DOLLARS ($2,000.00) FOR
EACH VIOLATION; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE
HEREOF,
BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF LA PORTE:
Section 1, The City Council of the City of La Porte hereby finds, determines
and declares that heretofore, to-wit, on the 17th day of October, 1996, at 6:00 p,m., a
public hearing was held before the Planning and Zoning Commission of the City of La
Porte, Texas, pursuant to due notice, to consider the question of the possible amendment
of the Zoning Ordinance as herein described, There is attached to this Ordinance as
Exhibit "A", and incorporated by reference herein and made a part hereof for all purposes,
the publisher's affidavit of publication of notice of said hearing,
Section 2. Subsequent to such public meeting, the City of La Porte Planning
and Zoning Commission met in regular session on November 21, 1996, at 6:00 p.m, to
consider the Ordinance amendments which were the subject of such public hearing. The
City Council of the City of La Porte is in receipt of the written recommendations of the City
of La Porte Planning & Zoning Commission, by letter dated November 22, 1996, a true
copy of which letter is attached hereto as Exhibit "B," and incorporated by reference
herein, and made part hereof for all purposes.
Section 3. The City Council of the City of La Porte hereby finds, determines
and declares that on the 16th day of December, 1996, a public hearing was held before the
City Council of the City of La Porte, Texas, pursuant to due notice, to consider the
(e (_
ORDINANCE NO, 1501-A
PAGE 2
recommendation of the City of La Porte Planning and Zoning Commission. There is
attached to this Ordinance as Exhibit "C", and incorporated by reference herein and made
a part hereof for all purposes, the publisher's affidavit of publication of notice of said
hearing,
Section 4. The City Council of the City of La Porte hereby finds, determines
and declares that all prerequisites of law have been satisfied, and hereby determines and
declares that the amendments to the City of La Porte Ordinance No, 1501, the Zoning
Ordinance of the City of La Porte, are desirable and in furtherance of the goals and
objectives stated in the City of La Porte's comprehensive plan,
Section 5, Article V, Sections 5-701 and 5-800, Article VI, Section 6-600,
Article VII, Section 7-601, and Article X, Sections 10-103 and 10-508, Article V
"Residential District Regulations," Article VI "Commercial District Regulations," Article VII
"Industrial District Regulations" and Article X "Special Regulations," of the Zoning
Ordinance of the City of La Porte are hereby amended by adding and/or amending the
sections contained on pages 1 through 3 of Exhibit "D", entitled "Proposed Landscape
Amendments to Zoning Ordinance" which said exhibit is attached hereto and is fully
incorporated by reference herein.
Section 6. Any person, as defined in Section 1.02(27) Texas Penal Code, who
shall violate any provision of this Ordinance, shall be deemed guilty of a misdemeanor
and upon conviction shall be punished by a fine not to exceed Two Thousand Dollars
($2,000.00), Each day a violation of this ordinance shall continue shall constitute a
separate violation,
Section 7. 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, it is hereby declared to
be the intention of the City of Council to have passed each section, sentence, phrase, or
/e (e
\
ORDINANCE NO, 1501-A
PAGE 3
clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or
clause, or part thereof, may be declared invalid,
Section 8, 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 9, This Ordinance shall become effective fourteen (14) days after its
passage and approval. The City Secretary shall give notice to the passage of the notice
by causing the caption to be published in the official newspaper of the City of La Porte at
least twice within ten (10) days after the passage of the Ordinance,
PASSED AND APPROVED THIS THE 1& DAYOFfj~ ,1996,
CITY OE LA PORTE
BY"~:&YOr
ATTEST:
BY~ ~tJM;t edit ~rv
SUE LENES, (j )
City Secretary
( e ( e
Yv\M~, o&V./J1Lt't/v ~~I /qq~
ORDINANCE NO, 1501-X _T .-
GUILTY OF A MISDEMEANOR AND
I SHALL UPON CONVICTION BE FINED A
SUM OF NOT MORE THAN TWO
THOUSAND DOLLARS ($2,000,00) FOR
AN ORDINANCE AMENDING EACH ' VIOLATION; FINDING
ORDINANCE 1501, THE CITY OF LA COMPLIANCE WITH THE OPEN
PORTE ZONING ORDINANCE, ARTICLE MEETINGS LAW; PROVIDING A
V, .RESIDENTIAL DISTRICT SEVERABILITY CLAUSE; AND
REGULATIONS: SECTIONS 5-701 AND PROVIDING AN EFFECTIVE DATE
5-800, ARTICLE VI,.COMMERCIAL HEREOF. "-
DISTRICT REGUIAIONS: SECTIONS 6- .- ,"
"
600, ARTICLE VII, .INDUSTRIAL '~CITY OF LA PORTE
DISTRICT REGULATIONS,' SECTIONS 7- ' slNORMAN ~. ~~ONE
600 AND 7-601.'ANCARTICLE X MAYOR ..... ....
"SPECIAL REGULAtIONS"; $ECTIONS 10- .......:;.:. :~ -
":"" r~" '. '..' ~
103 AND 10-508;,~ING THAT ANY AlTEST:.." .~" ,.. _ '..-,'''' "-/-
...~VIOI.R1NG'1liETERMS OFTHIS slSUE LENES ";. ~
ORDINANCE SHALL' BE DEEMED CITY SECR':T~RY"
, .
..-:: ,":i.,,-"
APPROVED: ':~?~'
stJOHN D. ARMSTRONG
ASSISTANT CITY ATTORNEY
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- .ID:~~~Y~~~E'MBEli~1 !~6'J
*:;~jr"",,",Of.lDIN~CE NO., 1~~1,:X':' ;c,:,'",
~~~~~i~r:,~ ~jliit
, ,~PbRTE ZONING ORDINANCE, ARTICLE
t V,: ~~'\, ~RESIDENTrAL.: ',,; DIsTRICT ','
I.REGUi:ATlONS.~ SECTIONS 5-701 AND,,*
L s;.SOO'.c' ARTICLE, VI : 'COMMERCIAL.'~
t~DI.sn;iJCT ijEGl!~/SECT1ONS ~,:;;
~600", ' A8TrCLE ~ VII;', ',"INDUSTRIAL' <,1
!:'r"s'rRict REGi.il!AnoNS.''SECT10NS 7-}'
k,'()';:AN'O:. 7~~<>t, . ANP"t>Rt'C~E X~:,\
;;, ClALAEGULAnONS"'SECTIoNS 1o. "
I,.' "-'. .... - ~', .; ..: .. ,. . J '. " ,'r
'I,;" AND,19-508;r"",I.J{lD1NGTHATANV~
". ' , VIOlJGlNGTHETERMS'OFTHIS
1;' RDiNANCE ;ySHAUi'j'BE',foEEMED'
~:.$U1Lrv'''':qF., A'~lsClE~EAN6ir~D ' ,'t
f.t.SHALL UP.OI!tCOIWICTION ae' FINED,A " r
'/i~U~j~~t?ll.=E~~~~~~, '
l>.iTH,. . ,", ,',' ',' ,~$?, ' .1 " }
i:~~CH(:';;':L;;~V'Ol,:AllOtJ.;[ -' :' FlfilDl~G, ~
,;C:;:PM~l!ANC~',:'~~:,:rnE' ,q!:'J~N
(lMFETIN~~,";~W,t~-:RQV1D.lNG, ':A '
i ~,EVEJ=tABILI'T't<[:~~E:': ':,IAND '
',"PROVIDING; AN :'EFF.EC1JV~ 'DATE '
rHEREOF." ,q . I.. '"-;': ~ >;',:" .." '"
'}.' ,t c;.''','. ';- '"' -'.....,': .' , "~.
~- :~. "'. . .: 1:,~'. ' . . : \,:r J-,. . " .I~"; ..1, 't" ._' ' I. .. ~ 1
C'p1T.Y ,OF; 4'\ ~ffi'E, . :- !~ .' "
~~OF;l~/I!L.:~~~' i." ,", '.',:
r-~:::",~~.>,:.~'<",,'~":: : ",:? L
'ATTEST:'.",' : ',' ,
,"siSUE.LENES;.,"':'.':':' ,:', " '...:
:,CITYSECRElARY(: ';", :', . ..<"
'?, ~_>'':''',''i ;.:.. /1:" '; . -: '
APP'ROVED: '?, :.. ;' ". "
I; ,-, . '. ,f ' (
slJOHN [l . M~TRON.~' '(,:~.tK;~': c' j
ASSIST. 1'\1 .vnNEY.;i ~~t.~G ,,'
. , "~y.I.. j1 " " C'." ," ,,,,.-.,..,
.:..~.~.-,..~" ni; .;:.: ~1 I,. ',' ,"I,t : ,\"' -....~:.-' :.
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PUBLIC NOTICES
e e NOTICE C"F r _"':'LiC HEARING
1200 Hwy. 14(1 ~ V
Suite 180 ' In accordance with the provisions of
P.O. Box 1414 Ordinance 1501, the City of La Porte Zoning
Ordinance, notice is hereby given that the
The B La Porte Planning and Zoning Commission
S w;II 00"""", a po";' h...';ng at .'00 p.m.
re , on the 17th day of October, 1996, in the
Council Chambers of the City Hall, 604 West
Fairmo way, a Porte, Texas. The
purpo of t 's h aring is to consider
amend en the oning Ordinance 1501
regardi L n cape irement;
Section 5-701 , -8 , 6- ,10-103,
and 10-508."
A regular mee, g of
Zoning Commis n'
County of Harris hearing for the purp of acting upon the
public hearing items and to conduct oiher
State of Texas matters pertaining to the Commission,
Citizens wishing to address the Planning
and Zoning Commission pro or con during
the Public Hearing will be required to sign
in before the meeting is convened.
Before me, the undersigned authority, on this date CITY OF LA PORTE
carne and appeared Sandra E. Bumgarner, duly authorized City Secretary
The Bayshore semi-weekly Sue Lenes
agent of Sun, a newspaper
published in La Porte, Harris County, Texas, and who
after being duly sworn, says the attached notice was
published in The Bayshore Sun of Seotember 29. 1996 .
.L~l~~~
Sandra E. Bumgarner
Office Manager
Sworn and subscribed before me this J day ofl1lJU<:~V
A.D. 19 G'J t . ~"o /;,. &i~
-
~
Not ry Public
Harris County, Texas
/;;"-::;O-"-"-"~..A:;"~ .. ~ ,. , ,.~
EXHIBIT A
e e
City of La Porte
Established 1892
November 22, 1996
Honorable Mayor Norman Malone and City Council
City of La Porte
Re: Zoning Ordinance Amendments to Landscape Requirements
Dear Mayor Malone:
The La Porte Planning and Zoning Commission, during its November 21, 1996, meeting, held
a public hearing to consider amendments to the Zoning Ordinance regarding landscape
requirements; Sections 5-701,5-800,6-600, 7-601, 10-103, & 10-508, The amendments would
be in the form of a clarification statement that would read "Required landscaping must be
maintained by the property owner and/or occupant", Also, required minimum landscaping for
Business Industrial (BI), Heavy Industrial (HI), and Light Industrial (LI) shall be six percent
(6%).
The Planning and Zoning Commission has, by unanimous vote, recommended that the
amendments to the Zoning Ordinance regarding Landscape Requirements be approved,
Respectfully Submitted,
1:~c;!~
Chairman, Planning and Zoning Commission
c: Robert T, Herrera, City Manager
John Joerns, Assistant City Manager
John Armstrong, Assistant City Attorney
La Porte Planning and Zoning Commission
EXHIBIT B
P,O,BllXII15. La Porte, Texas 77572-1115 · (713)471-5020
THE STATE OF TEXAS
e e COUNTY OF HARRIS
CITY OF Lft ~ORTE
." ~
1200 Hwy. 146 NOTICE OF PUBLIC HEARING
Suite 180 In accordance with the provisions of
P.O. Box 1414 Ordinance 1501, the City of La Porte Zoning
Ordinance, notice is hereby given that the
S La Port. C;~ C_; w;II ,,"'"~. P"~
hearing at 6:00 p.m on the 16th day of
I December , in t Council Chambers
of the ty II, 4 wes~irmont
Pal La Po ." "'#j! 'roo. of
this he ing is t er ents to
Zoning Or nce 1 1, regarding
Landsca euirem nts, 'ction 5-701,
5-800, 6- 00, 7-601, -103, a'1d 10-508.
A regular meeting of the City Council will
follow the public hearing for the purpose
of acting upon the public hearing items and
County of Harris to conduct other matters pertaining to th-..
City Council.
state of Texas
Citizens wishing to address the City COl.IlCiI
pro or con during the Public Hearing will
be required to sign in before the meeting
is convened,
Before me, the undersigned authority, on this date CITY OF LA PORTE
came and appeared Sandra E. Bumgarner, duly authorized CIty Secretary
SUe Lenes
agent of The Bayshore Sun, a semi-weekly newspaper
published in La Porte, Harris County, Texas, and who
after being duly sworn, says the attached notice was
published in The Bayshore Sun of December 01, 1996 .
kJ!~~l.~~~
Sandra E, Bumgar r
Office Manager
--- Of~..~
Sworn and subscribed before me this ,:;; day
A.D. 194t. jA~/-b4 h2lP'~~
C
NotaI' Public
Harris County, Texas
;,';:r.....~>:;.rJ:.r.....~..A.
.".~-::r......................... .. ... ':"..............................",-:.":::':..
EXHIBIT C
e e
EXHIBIT "0"
PROPOSED LANDSCAPE AMENDMENTS TO ZONING ORDINANCE
Amending language is shaded for easy reference.
PROPOSED AMENDMENT 1
Article V, Section 5-701 "Table B Footnotes," Subsection 2 is hereby amended to read as
follows:
2. A minimum landscape setback of twenty feet (20') will be required adjacent to all
conservation areas, Buildings, parking areas, and refuse containers will not be
allowed in such setback area. These areas are to be landscaped with trees,
shrubs, and ground-cover, with a planting plan required to be submitted and
approved by the enforcement officer. ReqUireqil?indsCC'ipingrTu.Jst"'bernaintair}(ad
bY~l"leprQpe~bWherahdlorOdCupantl
PROPOSED AMENDMENT 2
Article V, Section 5-800 "Special Use Performance Standards-Residential," subsection A
"Landscape Buffers" is hereby amended by adding sub-subsection "5" to said subsection
to read as follows:
5. Reql.lil'eCflahqsc:apihg must b~rnaintaihedbY~hepl'C)pe~ OWh(9rahdlor
occupant,
PROPOSED AMENDMENT 3
Article VI, Section 6-600 "Special Use Performance Standards"
a) Subsection A "Required Screening" sub-subsection 2 "Standards" is hereby
amended by adding sub-sub-subsection "e" to read as follows:
~(9guired landscapinglrIlustbernaintainedbythe.. propeny owner anqlbr
occupant.
b) Subsection G "Landscape Buffers" is hereby amended to read as follows:
Landscape buffers shall be a minimum of four feet (4') in width, Plantings shall
consist of trees and low. evergreen shrubs. ~E:)ql.Jired ...ICllldscEiping......must.Ibe
mail1taihedbyttlepropert~l:ovvner . Eind/oroccl.JpEil"lt, Planting plans shall be
approved by the Director of Community Development or his duly appointed
representative.
ORDINANCE NO. 1501-Xe e
EXHIBIT "0"
PAGE 2
PROPOSED AMENDMENT 4
Article VII, Section 7-600 Table B, Industrial, uses "L1 Light Industrial" and "HI Heavy
Industrial" are hereby amended to read as follows
(4) (2,5)
Minimum (1,3,5) Adjacent to
Land- Minimum Res. Min.
scaping Max. Yard Yard
Require- Lot Setback Setback Maximum
ments Cov. F. R. S. F. R. S. Heiaht
LI Light
Industrial
District; all ~6% 70% 20-10-10 30-50-50 45 Ft.
permitted or
conditional
HI Heavy
Industrial
District; all NIA-6% 30% 50-50-30 100-150-150 45 Ft.
permitted or
conditional
PROPOSED AMENDMENT 5
Article VII, Section 7-601 "Footnotes," subsection 1 is hereby amended to read as follows:
1. A minimum landscape setback of 20 feet will be required adjacent to all designated
conservation areas. Buildings, parking areas, loading docks, outside storage, and
refuse containers will not be allowed in such setback areas. These areas are to be
landscaped with trees, shrubs, and ground cover, with a planting plan required to
be submitted and approved by the enforcement officer. Requireg landsCaping
must...be...rnaintainedby .thepreperty..ownerand/or.eccupant.
ORDINANCE NO. 1501-Xe e
EXHIBIT "0"
PAGE 3
PROPOSED AMENDMENT 6
Article X, Section 10-103 "Specific Development Requirements; P.U.D. District Develop-
ments and Intra District P.U.D.s," Subsection 4. "Commercial and Industrial," sub-
subsection e. "Landscaping, Screening and Surfacing" is hereby amended by adding
sub-sub-subsection "4" as follows:
Required landscaping must be maintained by the property owner and/or
occupant.
PROPOSED AMENDMENT 7
Article X, Section 10-508 Landscaping, subsection C is hereby amended by adding sub-
subsection 3 as follows:
3. Maintenance: Required landscaping must be maintained by the property
owner and/or occupant.
e e
/
REQUI-r FOR CITY COUNCIL AGENDA _M
Agenda Date Requested: December 16. 1996
Requested By: Guv Rankin QJLJ\ Department: Planning
X Report Resolution Ordinance
Exhibits:
1. List of Dangerous Buildings
2. Dangerous Building Inspection Reports
3. Slide Presentation
SUMMARY & RECOMMENDATION
Summarv:
The Dangerous Building Board of Inspection is established by Ordinance No. 1145. The
Board is comprised of Debbie Wilmore, Inspector; Paul Hickenbottom, Fire Marshall; and
Joe Sease, Fire Chief. The Board has inspected eleven (11) buildings and found them,
as defined by Ordinance No. 1145, to be "dangerous".
Council is requested to review the Board's findings and then authorize a public hearing
for the purpose of condemning and ordering demolition of these eleven (11) structures.
A hearing date of January 13, 1997 is requested.
Recommendation:
Authorize a public hearing for all eleven (11) of the structures being considered.
Action Reauired bv Council:
1. Review findings of the Board of Inspection.
2. Authorize public hearing date.
Availability of Funds:
General Fund VVaterfVVastewater
Capital Improvement General Revenue Sharing
X Other
Account Number: 001-9092-524-6006 Funds Available: X YES NO
ADDroved for City Council Aaenda
~~ T ~.~ 11)..-1/-9t
Robert T. Herrera DATE:
City Manager
e e
DANGEROUS BUILDINGS - FALL, 1996
November 25, 1996
1) 3115 Carlisle - Blk. 17; Lots 4-6; Bayside Terrace
HCAD #061-057-017-0004 Gas & electric meter.
One story, wood frame house with attached garage and side
carport. Asbestos siding.
2) 3102 S. Broadwav - Trs. 9C & 9D + 9A & 50A; Abst. 30, W. P.
Harris HCAD #040-244-001-0021/0024
No electric meter; however, electric runs overhead from 3104
to this building for outside light. One story, block
building. Leave slab(s) over (3) underground tanks (unknown
condition) to remind City this hasn't been done.
3) 324 San Jacinto - Blk. 219; Lots 6-9; La Porte
HCAD #024-008-019-0002 (Voluntary Demolition)
Gas & electric meter. One story, block house.
4) 531 N. 8th Street - Blk. 100; Lots 28-32; La Porte
HCAD #023-214-010-0028 Electric meter.
One story, wood frame house with asbestos siding under vinyl
siding.
5) 401 S. 16th Street - Blk. 789; Lots 1,2; La Porte
HeAD #024-102-089-0001 Electric meter.
One story, wood frame house.
6) 11.100 Blk. N. B - Tr. 469C-1; La Porte Outlots
HCAD #023-141-000-0524 No gas or electric meter.
One story, wood frame house.
7) ~Q.900 Blk. N. L - Trs. 427A & 427C.; La Porte Outlots
HCAD #023-140-000-0447 No gas or electric meter.
One (1) cistern & one (1 ) gray water tank. One story, wood
frame house.
e e
Dangerous Buildings Con't.... Page 2
Fall, 1996
8) 11.200 Blk. N. P - Tr. 390; La Porte Outlots
HCAD #023-139-000-0390 Electric meter.
Mobile home and wood accessory building.
9) 825 Mossey - Blk. 8; Lot 353 & S. 15' of 354; Battleground
Estates, S. 2 HCAD #080-024-000-0353 No gas or
electric meter. Unsecured garage and remaining slabs from
burned dwelling.
10) 1312 Golden Lane - Tr. 15 & S. 75' of Tr. 16 out of Outlot
377; La Porte Outlots HCAD #023-139-077-0015
No gas or electric meter. One story, unfinished wood frame
house.
11) 3600 Underwood Rd. - Tr. 812 & N. 300' of Lots 698 & 699;
La Porte Outlots HCAD #023-146-000-0698
No gas or electric meter. Wood frame church, fire damaged
Feb. 1994. Additional material has been removed, open &
unsecured.
Cl't'Y OF LA l'OKl.b
DANG.US BUILDING INSPECTION FO.
DATE December 2. 1996
STREET ADDRESS ~ 1 15 Carlisle
OWNER Rel!ina A. Kearnev & Grel!orv Wavne Peffer
OWNER'S MAILING ADDRESS ;3115 Carlisle: La Porte. Tx 77571-7021
AGENT Rel!ina A. Kearnev & Grel!orv Wavne Peffer
AGENT'S MAILING ADDRESS 10230 Old Orchard: La Porte. Tx 77571
BLOCK 17 LOT(S) 4-6 SURVEY /SUBDIV. Bavside Terrace
OCCUPANCY TYPE Residence ZONING R-l
FACILITIES AVAILABLE: WATER ./ SANITARY SEWER ./
ELECTRICAL POWER ./ GAS ./
NO. OF DWELLING UNITS 1 VACANT ./ OCCUPIED
AS REQUIRED IN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-118, THE
BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED
PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR
OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS:
(AS OUTLINED IN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-117).
1.1] 1) BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER
REPAIR OR ANY OTHER CAUSE, IT IS ESPECIALLY LIABLE TO FIRE
AND CONSTITUTES A FIRE HAZARD; OR
1.1] 2) BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, ITIS
LIABLE TO CAUSE INJURY OR DAMAGE BY COLLAPSING OR BY
COLLAPSE OR FALL OFANY PART OF SAID STRUCTURE; OR
1.1] 3) BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF SECURED
DOORS OR WINDOWS, IT IS A V AILABLE TO AND FREQUENTED BY
MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LAWFUL
OCCUPANTS OF SAID STRUCTURE; OR
1 1 4) BECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC HEALTH
AND MA Y CAUSE OR AID IN THE SPREAD OF DISEASE OR INJURY TO
THE HEALTH OF THE OCCUPANTS OF IT OR NEIGHBORING
STRUCTURES.
NOTE: SEE BUILDING EVALUATION CHECKLIST ON REVERSE SIDE FOR
THE REMAINDER OF THIS REPORT
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
It is the opinion of this inspection board, after using City of La Porte Ordinance No.
1355 (Standard Housing Code, 1982 Edition) as its guide in making the inspection, that this
building is in fact dangerous, but still repairable. All repairs or alterations required to be
done shall be done in accordance with all City of La Porte codes and ordinances applicable.
If the repairs or alterations order is not complied with within the timetable set out in City
of La Porte Ordinance #1145, it is then the opinion of this inspection board that this
building be demolished.
x~UW,!.~ ~~4'~ /z:./.- .~
BUILDING OFFICIAL'S IRE MARSHAL'S = CHIEF'S
OFFICE OFFICE FFICE
BUILDING EVALUATION CHECKLiST
A = Adequate . = Deficient N/ A = Not Applicable e
I. STRUCTURAL COMMENT/EXPLANA nON
A. Foundation
1. Slab n/a
2. Pier & Beam
a. Footings D Rottinl!: House Sittinl! On Ground
b. Sills D Rottinl!: House Sittinl! On Ground
c. Joists D Missinl!: House Sittinl! On Ground
B. Walls
1. Exterior D Seoaratinl!
2. Interior D Holes: cracks
C. Means of Egress
1. Doors
a. Interior A
b. Exterior A
2. Porchs, Steps,
Stairs D Rottinl! - Needs Reoair
3. Windows D No screens
D. Roof
1. Rafters Unk
2. Deck, Shingles D ~inl!
E. Ceilings
1. Joists Unk
2. Ceiling D Leaks
F. Floors D M issingfRottinl!
G. Other -
-
II. MECHANICAL SYSTEMS
A. Electrical
1. Service Entrance
& Panel D Not to code: no dead front
2. Wiring D EXDOSed wires
3. Lights, Switches D Exoosed wiriOll to ceilin!!: fan: missinl! fixtures
4. Outlets D Unl!rounded
5. Other -
-
B. Plumbing
1. Fixtures
a. Sink A
b. Lavatories A
c. Water Closets A
d. Tub/Shower A
e. Water Heater nfa
2. Water Piping D
3. Drain, Waste
& Vent D Not to code: S-traos
4. Sewer/Septic Tank Unk
5. Gas System Unk
C. Heating & Air Conditioning
1. Heating D U nvented heaters
2. Air Conditioning nJa
III. PROPERTY CONDITIONS
1. Accessory Structures nJa
2. Condition of Grounds A
3. Other 1 See below
COMMENTS: 1. Some Graffiti: evidence of fire in kitchen: Fireolace seoaratinq from house
Note: Asbestos sidinl!
11-'96 Rev. .:doqjblds.fnnldollleroua buildllll
CITJ. Vi' l~A j.OR'fb
DANG.US BUILDING INSPECTION FO'1t
DATE December 2. 1996
STREET ADDRESS ;3102 So. Broadwav (Old Hwv 146)
OWNER Fern M. Belcher
AGENT n/a
MAILING ADDRESS 3104 Hwv. 146 So.: La Porte. Tx 77571-6502
LEGAL DESCRIPTION Trs 9C &9D + 9A & 50A, SURVEY/SUBDIV. Abst 30: W.P. Harris
OCCUPANCY TYPE Comm. Garap~ ZONING N.C.
FACILITIES AVAILABLE: WATER .I SANITARY SEWER .I
ELECTRICAL POWER .I GAS .I
NO. OF DWELLING UNITS n/a VACANT .I OCCUPIED
AS REQUIRED IN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-118, THE
BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED
PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR
OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS:
(AS OUTLINED IN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-117).
[.I] 1) BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER
REPAIR OR ANY OTHER CAUSE, IT IS ESPECIALLY LIABLE TO FIRE
AND CONSTITUTES A FIRE HAZARD; OR
[.I] 2) BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, ITIS
LIABLE TO CAUSE INJURY OR DAMAGE BY COLLAPSING OR BY
COLLAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR
[ ] 3) BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF SECURED
DOORS OR WINDOWS, IT IS A V AILABLE TO AND FREQUENTED BY
MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LAWFUL
OCCUPANTS OF SAID STRUCTURE; OR
[ ] 4) BECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC HEALTH
AND MAY CAUSE OR AID IN THE SPREAD OF DISEASE OR INJURY TO
THE HEALTH OF THE OCCUPANTS OF IT OR NEIGHBORING
STRUCTURES.
NOTE: SEE BUILDING EV ALUA TION CHECKLIST ON REVERSE SIDE FOR
THE REMAINDER OF THIS REPORT
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
It is the opinion of this inspection board, after using City of La Porte Ordinance No.
1355 (Standard Housing Code, 1982 Edition) as its guide in making the inspection, that this
building is in fact dangerous, but still repairable. All repairs or alterations required to be
done shall be done in accordance with all City of La Porte codes and ordinances applicable.
If the repairs or alterations order is not complied with within the timetable set out in City
of La Porte Ordinance #1145, it is then the opinion of this inspection board that this
building be demolished.
x~&.i,~ fJi/.I~Lx~~-
BUILDING OFFICIAL'S FIRE MARSHAL'S ~E CHIEF'S
OFFICE OFFICE OFFICE
j:JUILUlNli bVALUATlUN CHbCK.L1~l
A = Adequate . Deficient N/A = Not Applicable e
I. STRUCTURAL COMMENT/EXPLANATION
A. Foundation
1. Slab unk
2. Pier & Beam
a. Footings n/a
b. Sills n/a
c. Joists n/a
B. Walls
1. Exterior D Concrete block walls seoaratinl!:
2. Interior D Same as exterior
C. Means of Egress
1. Doors
a. Interior Unk
b. Exterior D Restroom doors TOttinl!
2. Porchs, Steps,
Stairs n/a
3. Windows D ,Glass missini: boarded
D. Roof
1. Rafters D Rottinl!
2. Deck, Shingles D Holes in roof
E. Ceilings
1. Joists n/a
2. Ceiling n/a
F. Floors Unk Concrete slab floor
G. Other -
-
II. MECHANICAL SYSTEMS
A. Electrical
1. Service Entrance
& Panel Unk ,Inside: unable to insoect
2. Wiring Unk
3. Lights, Switches Unk
4. Outlets Unk
5. Other
B. Plumbing
1. Fixtures
a. Sink n/a
b. Lavatories D Not hooked uo to drain svstem
c. Water Closets A
d. Tub/Shower n/a
e. Water Heater n/a
2. Water Piping Unk
3. Drain, Waste
& Vent Unk
4. Sewer/Septic Tank Unk
5. Gas System Unk
C. Heating & Air Conditioning
1. Heating n/a
2. Air Conditioning nla
III. PROPERTY CONDITIONS
1. Accessory Structures n/a
2. Condition of Grounds A
3. Other 1 See below
COMMENTS: Exterior insoection onlv 1. Existinl!: underl!:TOund tanks - unknown condition
{Est. (3) tanks based on ooenin~/vents)
11-'96 Rev. .:dangbldg.frmldangerous build~
I CITY OF LA PORTE I.
DAN ROUS BUILDING INSPECTION FO
DATE December 2. 1996
STREET ADDRESS 324 San Jacinto
OWNER Luoe Hernandez. Jr. & Josie Hernandez;
AGENT N/A
MAILING ADDRESS 10825 Birch Dr.: La Porte. Tx 77571
BLOCK ~19 LOT(S) 6-9 SURVEY/SUBDIV. La Porte
OCCUPANCY TYPE Residence ZONING R-l
FACILITIES AVAILABLE: WATER .I SANITARY SEWER .I
ELECTRICAL POWER .I GAS .I
NO. OF DWELLING UNITS 1 VACANT .I OCCUPIED
AS REQUIRED IN CITY OF LA PORTE ORDINANCE #tt45, SECTION 8-tt8, THE
BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED
PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR
OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS:
(AS OUTLINED IN CITY OF LA PORTE ORDINANCE #tt45, SECTION 8-tt7).
[.fj 1) BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER
REPAIR OR ANY OTHER CAUSE, IT IS ESPECIALLY LIABLE TO FIRE
AND CONSTITUTES A FIRE HAZARD; OR
[.I] 2) BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, IT IS
LIABLE TO CAUSE INJURY OR DAMAGE BY COLLAPSING OR BY
COLLAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR
[ j 3) BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF SECURED
DOORS OR WINDOWS, IT IS AVAILABLE TO AND FREQUENTED BY
MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LAWFUL
OCCUPANTS OF SAID STRUCTURE; OR
[ ] 4) BECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC HEALTH
AND MAY CAUSE OR AID IN THE SPREAD OF DISEASE OR INJURY TO
THE HEALTH OF THE OCCUPANTS OF IT OR NEIGHBORING
STRUCTURES.
NOTE: SEE BUILDING EVALUATION CHECKLIST ON REVERSE SIDE FOR
THE REMAINDER OF THIS REPORT
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
It is the opinion of this inspection board, after using City of La Porte Ordinance No.
1355 (Standard Housing Code, 1982 Edition) as its guide in making the inspection, that this
building is in fact dangerous, but still repairable. AU repairs or alterations required to be
done shall be done in accordance with aU City of La Porte codes and ordinances applicable.
If the repairs or alterations order is not complied with within the timetable set out in City
of La Porte Ordinance #1145, it is then the opinion of this inspection board that this
building be demolished.
~J,,~~ x/~
BUILDING OFFICIAL'S RE ARS AL'S ~RE CHIEF'S
OFFICE OFFICE OFFICE
BUILDING EVALUATION CHECKLIST
A = Adequate .. Deficient N/ A = Not Applicable e
I. STRUCTURAL COMMENT/EXPLANATION
A. Foundation
1. Slab n'a
2. Pier & Beam
a. Footings D Floor uneven
b. Sills D Floor uneven
c. Joists D Floor uneven
B. Walls
1 . Exterior D Holes: block wall seoaratinl!
2. Interior A
C. Means of Egress
1. Doors
a. Interior A
b. Exterior A
2. Porchs, Steps,
Stairs D Rottinl!
3. Windows D Glass missinl!: screen missinl!
D. Roof
1. Rafters Unk
2. Deck, Shingles D ~inl!
E. Ceilings
1. Joists Unk
2. Ceiling D ~inl! - droo-in ceilinl! tiles
F. Floors D
G. Other -
II. MECHANICAL SYSTEMS
A. Electrical
1. Service Entrance
& Panel D Not to code: 50 amo main: no dead front
2. Wiring D Exoosed wires: some oIul!s unl!rounded
3. Lights, Switches D Plates. lil!hts mis~
4. Outlets D Covp.rs mi~~iOl!'
5. Other -
-
B. Plumbing
1, Fixtures
a. Sink A
b. Lavatories A
c. Water Closets A
d. Tub/Shower A ------
e. Water Heater D Outside: needs maintenance
2. Water Piping Unk
3. Drain, Waste
& Vent -IL Not to code: S-traos
4. Sewer/Septic Tank Unk
5. Gas System Unk
C, Heating & Air Conditioning
1. Heating D Unvented heaters
2. Air Conditioning nLiL
III, PROPERTY CONDITIONS
1. Accessory Structures D Wood addition seoaratinl! from main house
2, Condition of Grounds A
3. Other -
COMMENTS: Voluntarv demolition
11.'96 Rev. .:qbldg.rnnlqerOOl building
! CITY OF LA PORTE ..
DAN ROUS BUILDING INSPECTION F .
DATE December 2. 1996
STREET ADDRESS 531 No. 8th St.
OWNER Sharon. Jason & Nicole Felt
AGENT n/a
MAILING ADDRESS P.O. Box 22622: Houston. Tx 77227-2622
BLOCK 100 LOT(S) 28-32 SURVEY/SUBDlV. Town of La Porte
OCCUPANCY TYPE Residence ZONING G.C.
FACILITIES AVAILABLE: WATER .I SANITARY SEWER .I
ELECTRICAL POWER .I GAS .I
NO. OF DWELLING UNITS 1 VACANT .I OCCUPIED
AS REQUIRED IN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-118, THE
BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED
PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR
OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS:
(AS OUTLINED IN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-117).
[.I] 1) BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER
REPAIR OR ANY OTHER CAUSE, IT IS ESPECIALLY LIABLE TO FIRE
AND CONSTITUTES A FIRE HAZARD; OR
[.I] 2) BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, IT IS
LIABLE TO CAUSE INJURY OR DAMAGE BY COLLAPSING OR BY
COLLAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR
[.I] 3) BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF SECURED
DOORS OR WINDOWS, IT IS AVAILABLE TO AND FREQUENTED BY
MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LAWFUL
OCCUPANTS OF SAID STRUCTURE; OR
[.I] 4) BECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC HEALTH
AND MAY CAUSE OR AID IN THE SPREAD OF DISEASE INJURY TO
THE HEALTH OF THE OCCUPANTS OF IT OR NEIGHBORING
STRUCTURES.
NOTE: SEE BUILDING EV ALUA TION CHECKLIST ON REVERSE SIDE FOR
THE REMAINDER OF THIS REPORT
FINDINGS ANI) C;ONCUJSIONS OF THE BOARD OF INSPECTION:
It is the opinion of this inspection board, after using City of La Porte Ordinance No.
1355 (Standard Housing Code, 1982 Edition) as its guide in making the inspection, that this
building is in fact dangerous, but still repairable. All repairs or alterations required to be
done shall be done in accordance with aU City of La Porte codes and ordinances applicable.
If the repairs or alterations order is not complied with within the timetable set out in City
of La Porte Ordinance #1145, it is then the opinion of this inspection board that this
building be demolished.
x~l~ ~d.~~
BUILDING OFFICIAL'S RE MARSHAL'S ~IRE CHIEF'S
OFFICE OFFICE OFFICE
UV.l.l....o..,.I1-......... .a.;. T ..--....,V~.... .""',-... ........L,.;,"""........,......
A = Adequate weficient N/ A = Not Applicable e
I. STRUCTURAL COMMENT/EXPLANATION
A. Foundation
1. Slab n/a
2. Pier & Beam
a. Footings D House on ~ound
b. Sills D House on I!TOund
c. Joists D House on l!TOund
B. Walls
1. Exterior Unk
2. Interior D Holes in wall
C. Means of Egress
1. Doors
a. Interior D Doors missin~
b. Exterior D Not installed
2. Porchs, Steps,
Stairs D Not level
3. Windows D Glass & screens missinl!
D. Roof
1 . Rafters D Rottinl!
2. Deck, Shingles D Visible ceilinl! damal!e
E. Ceilings
1. Joists Unk Roof sal!l!inl!
-
2. Ceiling D Sheetrock sauim'
F. Floors Unk
G. Other n/a
II. MECHANICAL SYSTEMS
A. Electrical
1. Service Entrance
& Panel A
2, Wiring D Exoosed wires
3. Lights, Switches A '"
4. Outlets A
5. Other n/a
B. Plumbing
1. Fixtures
a. Sink A
b. Lavatories D Not hooked UD
c. Water Closets A
d, Tub/Shower A
e. Water Heater D On I!TOund
2. Water Piping Unk
3. Drain, Waste
& Vent Unk
4. Sewer/Septic Tank Un~
5. Gas System Unk
C. Heating & Air Conditioning
1. Heating D No unit
2. Air Conditioning n/a Window screen missinl!'
III. PROPERTY CONDITIONS
1 . Accessory Structures n/a
2. Condition of Grounds A
3. Other 1 See below
COMMENTS: Burnt mattress in vard: evidence started in house (Asbestos sidinl!' under vinvl
sidinl! )
11.'96 Rev. l:dlll8b1ds.rrmldlngeroul buildill8
Cl'J i. U1" LA PORTE
DANG.US BUILDING INSPECTION FO~
DATE December 2. 1996
STREET ADDRESS 401 So. 16th St.
OWNER Rov H. Gonzales. Sr.
AGENT n/a
MAILING ADDRESS 402 So. 15th St.: La Porte. Tx 77571-4846
BLOCK 789 LOT(S) 1 & 2 SURVEY /SUBDIV. Town of La Porte
OCCUPANCY TYPE Residence ZONING G.C.
FACILITIES AVAILABLE: WATER ./ SANITARY SEWER ./
ELECTRICAL POWER ./ GAS ./
NO. OF DWELLING UNITS 1 VACANT ./ OCCUPIED
AS REQUIRED IN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-118, THE
BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED
PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR
OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS:
(AS OUTLINED IN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-117).
VI 1) BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER
REPAIR OR ANY OTHER CAUSE, IT IS ESPECIALLY LIABLE TO FIRE
AND CONSTITUTES A FIRE HAZARD; OR
[01] 2) BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, IT IS
LIABLE TO CAUSE INJURY OR DAMAGE BY COLLAPSING OR BY
COLLAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR
[ ] 3) BECAIJSE OF ITS CONDITION OR BECAUSE OF LACK OF SECURED
DOORS OR WINDOWS, IT IS A V AILABLE TO AND FREQUENTED BY
MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LAWFUL
OCCUPANTS OF SAID STRUCTURE; OR
[ ] 4) BECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC HEALTH
AND MAY CAUSE OR AID IN THE SPREAD OF DISEASE OR INJURY TO
THE HEALTH OF THE OCCUPANTS OF IT OR NEIGHBORING
STRUCTURES.
NOTE: SEE BUILDING EV ALUA TION CHECKLIST ON REVERSE SIDE FOR
THE REMAINDER OF THIS REPORT
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
It is the opinion of this inspection board, after using City of La Porte Ordinance No.
1355 (Standard Housing Code, 1982 Edition) as its guide in making the inspection, that this
building is in fact dangerous, not repairable, and should be demolished. This building does
not provide the basic minimum housing standards deemed essential for safe and healthful
living for a residential occupancy and is a threat to public safety, health and the general
welfare of the citizens of La Porte.
l,;;J ~ 't~ tib ~
x <;J~,,!,W <<?;Y4Ji x
BUILDING OFFICIAL'S IR MARSHAL'S ~IRE CHIEF'S
OFFICE OFFICE OFFICE
BUILDING EV ALUATlON CHECKLIST
A = Adequate . = Deficient N/ A = Not Applicable e
I. STRUCTURAL COMMENT/EXPLANATION
A. Foundation
1. Slab n/a
2. Pier & Beam
a. Footings D Rottin!!: House sittin!! on !!round
b. Sills D Rottinl!: House sittinl! on l!round
c. Joists D Rottin!!: House sittin!! on !!round
B. Walls
1. Exterior D Rottin!!
2. Interior D Cracks
C. Means of Egress
1. Doors
a. Interior D Missin!!
b. Exterior D .Needs reoair
2. Porchs, Steps,
Stairs -.IL No steos
3. Windows D Glass broken: screens missinl!
D. Roof
1. Rafters D Rottin!!
2. Deck, Shingles D Holes: Rottinl!
E. Ceilings
1. Joists D Rottin!!
2. Ceiling D Sheetrock fallen in
F. Floors -.IL Cavin!! in
G. Other -
II. MECHANICAL SYSTEMS
A. Electrical
1. Service Entrance
& Panel D Not to code
., -, - -.
2. Wiring -.IL Exoosed wires
3. Lights, Switches D Some missinl!:
4. Outlets D U nl!:rounded
5. Other -
B. Plumbing
1. Fixtures
a. Sink A
b. Lavatories D Not connected - on !!round
c. Water Closets D Not seated/connected
d. Tub/Shower Unk
e. Water Heater D No T & P tine
2. Water Piping Unk
3. Drain, Waste
& Vent D Not to code: S-traos
4. Sewer/Septic Tank Unk
5. Gas System Unk
C. Heating & Air Conditioning
1. Heating D No oermanent heat
2. Air Conditioning n/a
III. PROPERTY CONDITIONS
1. Accessory Structures -DLil
2. Condition of Grounds A
3. Other -
COMMENTS:
11-'% Rev. o:~blda.frml~.rous buildiq!
CITY Uj,. i"it. l"ORT.h
DANG1fUS BUILDING INSPECTION FO"
DATE December 2. 1996
STREET ADDRESS 1 LIDO Blk. No. "H" Sc
OWNER John & A vis Parker
AGENT n/a
MAILING ADDRESS ttot 1 No. Avenue ilL": La Porte. Tx 77571-9317
Legal Desc. Tr. 469C- 1 SURVEY/SUBDIV. La Porte Outlots
OCCUPANCY TYPE Residence ZONING R-l
FACILITIES AVAILABLE: WATER ,/ SANITARY SEWER ,/
ELECTRICAL POWER ,/ GAS ,/
NO. OF DWELLING UNITS 1 VACANT ,/ OCCUPIED
AS REQUIRED IN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-118, THE
BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED
PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR
OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS:
<AS OUTLINED IN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-117).
[.I] 1) BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER
REPAIR OR ANY OTHER CAUSE, IT IS ESPECIALLY LIABLE TO FIRE
AND CONSTITUTES A FIRE HAZARD; OR
[ ] 2) BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, IT IS
LIABLE TO CAUSE INJURY OR DAMAGE BY COLLAPSING OR BY
COLLAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR
l ] 3) BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF SECURED
DOORS OR WINDOWS, IT IS A V AILABLE TO AND FREQUENTED BY
MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LAWFUL
OCCUPANTS OF SAID STRUCTURE; OR
l ] 4) BECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC HEALTH
AND MAY CAUSE OR AID IN THE SPREAD OF DISEASE OR INJURY TO
THE HEALTH OF THE OCCUPANTS OF IT OR NEIGHBORING
STRUCTURES.
NOTE: SEE BUILDING EVALUATION CHECKLIST ON REVERSE SIDE FOR
THE REMAINDER OF THIS REPORT
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
It is the opinion of this inspection board, after using City of La Porte Ordinance No.
1355 (Standard Housing Code, 1982 Edition) as its guide in making the inspection, that this
building is in fact dangerous, hut still repairable. All repairs or alterations required to be
done shall be done in accordance with all City of La Porte codes and ordinances applicable.
If the repairs or alterations order is not complied with within the timetable set out in City
of La Porte Ordinance #1145, it is then the opinion of this inspection board that this
, building be demolished.
x0J\.:,J..'W~ ~ ~_,
BUILDING OFFICIAL'S IRE MARSHAL'S ~RE CHIEF'S
OFFICE OFFICE OFFICE
~U lLUiNLJ b V ALUA llUN LtlbU\.L1':) 1
A = Adequate e Deficient N/ A = Not Applicable e
I. STRUCTURAL COMMENT/EXPLANATION
A. Foundation
1. Slab n/a
2. Pier & Beam
a. Footings A
b. Sills D Rottinl!
c. Joists D Rottinl!
B. Walls
1. Exterior D Rottinl! - Onen
2. Interior Unk
C. Means of Egress
1. Doors
a. Interior D
b. Exterior D Sal!!!inl!
2. Porchs, Steps,
Stairs D Missinsz
3. Windows D Frames rottinl!
D. Roof
1. Rafters D
2. Deck, Shingles D
E. Ceilings
1. Joists Unk
2. Ceiling Unk
F. Floors -IL .Rottinsz visible at east door
G. Other -
II. MECHANICAL SYSTEMS
A. Electrical
1. Service Entrance
& Panel n/a
2. Wiring Unk
3. Lights, Switches Unk
4. Outlets Unk -
5. Other -
B. Plumbing
1. Fixtures
a. Sink Unk
b. Lavatories Unk
c. Water Closets Unk
d. Tub/Shower Unk
e. Water Heater Unk
2. Water Piping Unk
3. Drain, Waste
& Vent Unk
4. Sewer/Septic Tank Unk
5. Gas System Unk
C. Heating & Air Conditioning
1. Heating Unk
2. Air Conditioning Unk
III. PROPERTY CONDITIONS
1. Accessory Structures ~
2. Condition of Grounds A
3. Other -
COMMENTS: Exterior insoection onlv
11-'96 Rev. ':daI1!bld8.fnnldal1!erous buildil1!
Ct.a. ... O~' LA h.jtdl~
DANGW->US BUILDING INSPECTION FO"
DATE December 2. 1996
STREET ADDRESS 10.900 Blk. No. "L" St.
OWNER Albert C. Wandell
AGENT n/a
MAILING ADDRESS 10927 No. "L" St.: La Porte. Tx 77571-9315
LEGAL DESC. Tr. 427A & 427C SURVEY/SUBDIV. La Porte Outlots
OCCUPANCY TYPE Residence ZONING R-l
FACILITIES AVAILABLE: WATER ./ SANITARY SEWER ./
ELECTRICAL POWER ./ GAS ./
NO, OF DWELLING UNITS 1 VACANT ./ OCCUPIED
AS REQUIRED IN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-118, THE
BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED
PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR
OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS:
<AS OUTLINED IN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-117).
f./J 1) BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER
REPAIR OR ANY OTHER CAUSE, IT IS ESPECIALLY LIABLE TO FIRE
AND CONSTITUTES A FIRE HAZARD; OR
f./] 2) BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, IT IS
LIABLE TO CAUSE INJURY OR DAMAGE BY COLLAPSING OR BY
COLLAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR
[ ] 3) BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF SECURED
DOORS OR WINDOWS, IT IS A V AILABLE TO AND FREQUENTED BY
MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LAWFUL
OCCUPANTS OF SAID STRUCTURE; OR
l ] 4) BECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC HEALTH
AND MAY CAUSE OR AID IN THE SPREAD OF DISEASE OR INJURY TO
THE HEALTH OF THE OCCUPANTS OF IT OR NEIGHBORING
STRUCTURES.
NOTE: SEE BUILDING EVALUATION CHECKLIST ON REVERSE SIDE FOR
THE REMAINDER OF THIS REPORT
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
It is the opinion of this inspection board, after using City of La Porte Ordinance No.
1355 (Standard Housing Code, 1982 Edition) as its guide in making the inspection, that this
building is in fact dangerous, but still repairable. All repairs or alterations required to be
done shall be done in accordance with all City of La Porte codes and ordinances applicable.
If the repairs or alterations order is not complied with within the timetable set out in City
of La Porte Ordinance #1145, it is then the opinion of this inspection board that this
building be demolished.
x\J~J.'1.i~ ~~ X#~_
BUILDING OFFICIAL'S IRE'MARS AL'S ~mE CHIEF'S
OFFICE OFFICE OFFICE
HU lLUlNLt b V ALUA llUN LtibL1\.Ll.:') 1
A = Adequate e Deficient N/A = Not Applicable e
I. STRUCTURAL COMMENT/EXPLANATION
A. Foundation
1. Slab n/a
2. Pier & Beam
a. Footings D House sittin!! on !!TOund
b. SilIs D House sittinl! on !!TOund
c. Joists D House sittinl! on l!TOund
B. Walls
1. Exterior D Rottinl!
2. Interior D
C. Means of Egress
1. Doors
a. Interior D
b. Exterior D
2. Porchs, Steps,
Stairs n/a
3. Windows A
D. Roof
1. Rafters D Rottine
2. Deck, Shingles D Holes
E. Ceilings
1. Joists D Rottinl!
2. Ceiling D Sheetrock missinl!:
F. Floors D Rottine
G. Other -
II. MECHANICAL SYSTEMS
A. Electrical
1. Service Entrance
& Panel D
2. Wiring D EXDosed
3. Lights, Switches. D 'plates- boxes missinl!
4. Outlets D ~overs missinl!:
5. Other -
B. Plumbing
1. Fixtures
a. Sink A
b. Lavatories A
c. Water Closets A
d. Tub/Shower A
e. Water Heater D Due to al!:e
2. Water Piping Unk
3. Drain, Waste
& Vent Unk
4. Sewer/Septic Tank Unk
5. Gas System Unk
C. Heating & Air Conditioning
1. Heating D Old wall unit
2. Air Conditioning Unk
III. PROPERTY CONDITIONS
1. Accessory Structures D Old metal storaee build in!!
2. Condition of Grounds A
3. Other -
COMMENTS: (1) cistern + (1) old ~rav water tank
11-'96 Rev. .:daf1!bldg. frmlqerous buildif1l
It CITY OF LA PORTE .
DANG OUS BUILDING INSPECTION FO
DATE December 2_ 1996
STREET ADDRESS _ 11.200 Blk_ No. "PO St.
OWNER Kvle O. Garner
AGENT n/a
MAILING ADDRESS RRL Box 42 - Shenandoah Junction_ WV 25442-9512
LEGAL DESC, Tr. 390 SURVEY /SUBDIV. La Porte Outlots
OCCUPANCY TYPE Mobile Home ZONING . R-l
FACILITIES A V AILABLE: WATER ,/ SANITARY SEWER ,/
ELECTRICAL POWER ,/ GAS ,/
NO. OF DWELLING UNITS 1 VACANT ,/ OCCUPIED
AS REQUIRED IN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-118, THE
BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED
PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR
OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS:
(AS OUTLINED IN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-117).
[.r] I) BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER
REPAIR OR ANY OTHER CAUSE, IT IS ESPECIALLY LIABLE TO FIRE
AND CONSTITUTES A FIRE HAZARD; OR
[ ] 2) BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, IT IS
LIABLE TO CAUSE INJURY OR DAMAGE BY COLLAPSING OR BY
COLLAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR
[.r] 3) BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF SECURED
DOORS OR WINDOWS, IT IS A V AILABLE TO AND FREQUENTED BY
MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LAWFUL
OCCUPANTS OF SAID STRUCTURE; OR
[ ] 4) BECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC HEALTH
AND MAY CAUSE OR AID IN THE SPREAD OF DISEASE OR INJURY TO
THE HEALTH OF THE OCCUPANTS OF IT OR NEIGHBORING
STRUCTURES.
NOTE: SEE BUILDING EV ALUA TION CHECKLIST ON REVERSE SIDE FOR
THE REMAINDER OF THIS REPORT
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
It is the opinion of this inspection board, after using City of La Porte Ordinance No.
1355 (Standard Housing Code, 1982 Edition) as its guide in making the inspection, that this
building is in fact dangerous, but still repairable. AU repairs or alterations required to be
done shaU be done in accordance with aU City of La Porte codes and ordinances applicable.
If the repairs or alteratious order is not complied with within the timetable set out in City
of La Porte Ordinance #1145, it is then the opinion of this inspection board that this
building be demolished.
,B"U;.!,~ ~~~-,
BUILDING OFFICIAL'S IRE MARSHAL'S /1ffi:E CHIEF'S
OFFICE OFFICE OFFICE
BUILDING EVALUATION CHECKLIST
A = Adequate .= Deficient N/ A = Not Applicable e
I. STRUCTURAL COMMENT/EXPLANATION
A. Foundation
1, Slab n/a
2, Pier & Beam
a. Footings Unk TrIr. frame on concrete blocks
b. Sills n/a
c. Joists n/a
B. Walls
1. Exterior A
2. Interior A
C. Means of Egress
1. Doors
a. Interior A
b. Exterior D Front door on floor
2. Porchs, Steps,
Stairs D Fallen in
3. Windows 0 91ass hroken_ no screens
D. Roof
1. Rafters Un~
2. Deck, Shingles Unk
E. Ceilings
1. Joists Un~
2. Ceiling D Leaks
F. Floors A
G. Other -
II. MECHANICAL SYSTEMS
A. Electrical
1. Service Entrance
& Panel D Needscl~un
2. Wiring D Not to code
3. Lights, Switches D Fixtures not in nlace
4. Outlets A
5. Other -
B. Plumbing
1. Fixtures
a. Sink -1L Not hooked un: no handles
b. Lavatories 0 No handles
c. Water Closets A
d. Tub/Shower D No faucets
e. Water Heater ~
2. Water Piping Unk
3. Drain, Waste
& Vent Unk
4, Sewer/Septic Tank Unk
5. Gas System Unk
C. Heating & Air Conditioning
1. Heating Unk
2, Air Conditioning n/a
III, PROPERTY CONDITIONS
1 . Accessory Structures D Wood structure - wall & roof oroblems/unseclm
2. Condition of Grounds A
3. Other -
COMMENTS: Storal'e buildinl! is not in oroDer reoair
11-'96 Rev. .:d&flIlblds.CnnJd&flIleroo. buUdins
e CITY OF LA PORTE e
DANGEROUS BUILDING INSPECTION FORM:
DATE December 2. 1996
STREET ADDRESS 825 Mossev
OWNER Donald Abbott
AGENT n/a
MAILING ADDRESS 720t Snencer Hwv.. Ant. 291: Pasadena. Tx 77505-1819
BLOCK -L Lot(s) 353 + S. 15' of 354
SURVEY/SUBDIV. Battlel!TOund Estates. S. 2
OCCUPANCY TYPE Gara!!e ZONING R-l
FACILITIES AVAILABLE: WATER ./ SANITARY SEWER ./
ELECTRICAL POWER ./ GAS ./
NO. OF DWELLING UNITS 0 VACANT ./ OCCUPIED
AS REQUIRED IN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-118, THE
BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED
PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR
OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS:
(AS OUTLINED IN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-117).
VI 1) BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER
REPAIR OR ANY OTHER CAUSE, IT IS ESPECIALLY LIABLE TO FIRE
AND CONSTITUTES A FIRE HAZARD; OR
[ ] 2) BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, IT IS
LIABLE TO CAUSE INJURY OR DAMAGE BY COLLAPSING OR BY
COLLAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR
[.I] 3) BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF SECURED
DOORS OR WINDOWS, IT IS A V AILABLE TO AND FREQUENTED BY
MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LAWFUL
OCCUPANTS OF SAID STRUCTURE; OR
[ ] 4) BECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC HEALTH
AND MAY CAUSE OR AID IN THE SPREAD OF DISEASE OR INJURY TO
THE HEALTH OF THE OCCUPANTS OF IT OR NEIGHBORING
STRUCTURES.
NOTE: SEE BUILDING EVALUATION CHECKLIST ON REVERSE SIDE FOR
THE REMAINDER OF THIS REPORT
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
It is the opinion of this inspection board, after using City of La Porte Ordinance No.
1355 (Standard Housing Code, 1982 Edition) as its guide in making the inspection, that this
building is in fact dangerous, but stilI repairable. All repairs or alterations required to be
done shall be done in accordance with all City of La Porte codes and ordinances applicable.
If the repairs or alterations order is not complied with within the timetable set out in City
of La Porte Ordinance #1145, it is then the opinion of this inspection board that this
building be demolished.
x)J~~ ~~~~
BUILDING OFFICIAL'S IRE MARSHAL'S ~rRE CHIEF'S
OFFICE OFFICE OFFICE
HUILUiNli b V ALUATlUN CHbCKLLS I
A = Adequate .. Deficient N/A = Not Applicable -e
I. STRUCTURAL COMMENT/EXPLANA nON
A. Foundation
1. Slab A
2. Pier & Beam
a. Footings n'a
b. Sills n/a
c. Joists n'a
B. Walls
1. Exterior D Rottinl!
2. Interior D Fallinl! in
C. Means of Egress
1. Doors
a. Interior n'a
b. Exterior D Missinl!
-
2. Porchs, Steps,
Stairs n/a
3. Windows nJa
D. Roof
1. Rafters A
2. Deck, Shingles D Coming aoart
E. Ceilings
1. Joists A
2. Ceiling --1lLa
F. Floors n/a Concrete slabs
G. Other -
II. MECHANICAL SYSTEMS
A. Electrical
1. Service Entrance
& Panel D Panel ODen
2. Wiring D Exoosed wirinf
3. Lights, Switches D Plates & fixtures missinl!
4. Outlets D Plug~ mis~inl!
5. Other n'a
B. Plumbing
1. Fixtures
a. Sink n'a
b. Lavatories nJa
c. Water Closets n'a
d. Tub/Shower n'a
e. Water Heater --1lLa
2. Water Piping --1lLa
3. Drain, Waste
& Vent n/a
4. Sewer/Septic Tank --1lLa
5. Gas System --1lLa
C. Heating & Air Conditioning
1. Heating --1lLa
2. Air Conditioning --DLa
III. PROPERTY CONDITIONS
1. Accessory Structures n/a
2. Condition of Grounds A
3. Other -L See below
COMMENTS: 1. Main structure burned. slab remains. Unsecured l!aral!e
11-'96 Rev. .:daqJbkl8.rnnldaqJe'oos buildi~
e CITY OF LA PORTE I
DANGEROUS BUILDING INSPEL.IION FOR .
DATE .December 2. 1996
STREET ADDRESS 13 1 2 Golden Lane
OWNER David Brooke
AGENT n/a
MAILING ADDRESS 1315 Browninl! St.: La Porte. Tx 77571-9601
LEGAL DESC, Tr. 15 & S. 75' of Tr. 16 out of Outlot 377
SURVEY/SUBDlV. La Porte Outlot~
OCCUPANCY TYPE _Residence ZONING R-l
FACILITIES AVAILABLE: WATER ./ SANITARY SEWER ./
ELECTRICAL POWER ./ GAS ./
NO. OF DWELLING UNITS 1 VACANT ./ OCCUPIED
AS REQUIRED IN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-118, THE
BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED
PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR
OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLO~ING REASONS:
(AS OUTLINED IN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-117).
[.I] 1) BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER
REPAIR OR ANY OTHER CAUSE, IT IS ESPECIALLY LIABLE TO FIRE
AND CONSTITUTES A FIRE HAZARD; OR
[ 1 2) BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, IT IS
LIABLE TO CAUSE INJURY OR DAMAGE BY COLLAPSING OR BY
COLLAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR
[ ."] 3) BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF SECURED
DOORS OR WINDOWS, IT IS A V AILABLE TO AND FREQUENTED BY
MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LAWFUL
OCCUPANTS OF SAID STRUCTURE; OR
I ] 4) BECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC HEALTH
AND MAY CAUSE OR AID IN THE SPREAD OF DISEASE OR INJURY TO
THE HEALTH OF THE OCCUPANTS OF IT OR NEIGHBORING
STRUCTURES.
NOTE: SEE BUILDING EV ALUA TION CHECKLIST ON REVERSE SIDE FOR
THE REMAINDER OF THIS REPORT
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
It is the opinion of this inspection board, after nsing City of La Porte Ordinance No.
1355 (Standard Housing Code, 1982 Edition) as its guide in making the inspection, that this
building is in fact dangerous, but still repairable. All repairs or alterations required to be
done shall be done in accordance with all City of La Porte codes and ordinances applicable.
If the repairs or alterations order is not complied with within the timetable set out in City
of La Porte Ordinance #1145, it is then the opinion of this inspection board that this
building be demolished.
x'id&:c~ W~ r:iZtR~~. '_
BUILDING OFFICIAL'S FIRE MARSHAL'S /1fRE CHIEF'S
OFFICE OFFICE OFFICE
~UILU1Nli hVALUAllUN LHhU\.Ll~1
A = Adequate e= Deficient N/ A = Not Applicable e
I. STRUCTURAL COMMENT/EXPLANATION
A. Foundation
1. Slab A
2. Pier & Beam
a. Footings n/a
b. Sills n/a
c. Joists n/a
B. Walls
1. Exterior D Rottinl!
2. Interior D Missinl!
C. Means of Egress
1. Doors
a. Interior D Missin~
b. Exterior D Missinr
2. Porchs, Steps,
Stairs D .Missin~
3. Windows D Missin~
D. Roof
1. Rafters D Homemade trusses - 2x4s
2. Deck, Shingles D Hole
E. Ceilings
1. Joists n/a Part of truss
2. Ceiling D Sheetrock missinl!:
F. Floors A
G. Other -
II. MECHANICAL SYSTEMS
A. Electrical
1. Service Entrance
& Panel D No breakers
2. Wiring D pxoosed
3. Lights, Switches D Missini
4. Outlets D Missini covers-Inadeauate numbers
5. Other n/a
B. Plumbing
1. Fixtures
a. Sink n/a House never comoleted
b. Lavatories n/a House never comoleted
c. Water Closets n/a House never comoleted
d. Tub/Shower ~ House never comoleted
e. Water Heater n/a House never comoleted
2. Water Piping ~ House never comoleted
3. Drain, Waste
& Vent .JJI.A House never comoIeted
4. Sewer/Septic Tank Unk: House never comoleted
5. Gas System Unk House never comoleted
C. Heating & Air Conditioning
1. Heating ~ House never comoleted
2. Air Conditioning .JJI.A House never comoleted
III. PROPERTY CONDITIONS
1. Accessory Structures n/a
2. Condition of Grounds A
3. Other -
COMMENTS: House started but never finished
11-'96 Rev. .:claJwblda.frmlclaJwe,oua build""
e CITY OF LA PORTE e
DANGEROUS BUILDING INSPECTION FORM
DATE December 2. 1996
STREET ADDRESS 3600 Underwood Rd.
OWNER Fairmont Assemblv of God Church
OWNER'S MAILING ADDRESS P.O. Box 1055: La Porte. Tx 77572-1055
AGENT Jenkins Woods. H.V. Havman -J.B. Unnev & Charles Johnson.
Trustees of Fairwood Assemblv of God
AGENT'S MAILING ADDRESS 3600 Underwood Rd: La Porte 77571
LEGAL DESCRIPTION Tr. 813 & N. 300' of Lots 698 & 699
SURVEY/SUBDIV. La Porte Outlots
OCCUPANCY TYPE Church ZONING R-l & R-2
FACILITIES AVAILABLE: WATER ./ SANITARY SEWER ./
ELECTRICAL POWER ./ GAS .I
NO, OF DWELLING UNITS n/a VACANT ./ OCCUPIED
AS REQUIRED IN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-118, THE
BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED
PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR
OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS:
<AS OUTLINED IN CITY OF LA PORTE ORDINANCE #1145, SECTION 8-117).
[./] 1) BECAUSE OF FAULTY CONSTRUCTION, AGE, LACK OF PROPER
REPAIR OR ANY OTHER CAUSE, IT IS ESPECIALLY LIABLE TO FIRE
AND CONSTITUTES A FIRE HAZARD; OR
[./] 2) BECAUSE OF FAULTY CONSTRUCTION OR ANY OTHER CAUSE, IT IS
LIABLE TO CAUSE INJURY OR DAMAGE BY COLLAPSING OR BY
COLLAPSE OR FALL OF ANY PART OF SAID STRUCTURE; OR
[./] 3) BECAUSE OF ITS CONDITION OR BECAUSE OF LACK OF SECURED
DOORS OR WINDOWS, IT IS A V AILABLE TO AND FREQUENTED BY
MALEFACTORS OR DISORDERLY PERSONS WHO ARE NOT LAWFUL
OCCUPANTS OF SAID STRUCTURE; OR
[./] 4) BECAUSE OF ITS CONDITION, IT IS DANGEROUS TO PUBLIC HEALTH
AND MAY CAUSE OR AID IN THE SPREAD OF DISEASE OR INJURY TO
THE HEALTH OF THE OCCUPANTS OF IT OR NEIGHBORING
STRUCTURES.
NOTE: SEE BUILDING EV ALUA TION CHECKLIST ON REVERSE SIDE FOR
THE REMAINDER OF THIS REPORT
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
It is the opinion of this inspection board, after using City of La Porte Ordinance No.
1355 (Standard Housing Code, 1982 Edition) as its guide in making the inspection, th~t this
building is in fact dangerous, not repairable, and should be demolished. This building does
not provide the basic minimum housing standards deemed essential for safe and healtbful
living for a residential occupancy and is a threat to public safety, health and the gene..al
welfare of the citizens of La Porte.
~. ~
~9,~. /ff".'-
BUILDING OFFICIAL'S FIRE MARSHAL'S FIRE CHIEF'S
OFFICE OFFICE OFFICE
HU1LU1NlJ hVALUAllUN LHhLKLl.')l
A = Adequate e Deficient N/ A = Not Applicable e
I. STRUCTURAL COMMENT/EXPLANATION
A. Foundation
1. Slab n/a
2. Pier & Beam
a. Footings D RottiOl~: o()p.n to weather
b. Sills D Rottinl!: onen to weather
c. Joists D Rottinl!: ODen to weather
B. Walls
1. Exterior -1L Missing
2. Interior D Missinl!
C. Means of Egress
1. Doors
a. Interior D Missinl!
b. Exterior D Missinl!
2. Porchs, Steps,
Stairs D Missinl!
3. Windows D Glass broken
D. Roof
1 . Rafters D Fallinl! in
2. Deck, Shingles D Falling in
E. Ceilings
1. Joists D
2. Ceiling D Missing
F. Floors D Rottinl!
G. Other -
II. MECHANICAL SYSTEMS
A. Electrical
1. Service Entrance
& Panel D Overl!rown with vines
2. Wiring D Wires eXDOsed
3. Lights, Switches D ,Missing
4. Outlets -1L Missinl!
5. Other ...n&
B. Plumbing
1. Fixtures
a. Sink n/a
b. Lavatories D Missing
c. Water Closets JL ,Missinl!
d. Tub/Shower n/a
e. Water Heater Unk
2. Water Piping Unk
3. Drain, Waste
& Vent D 90en sewer nines in walls
4. Sewer/Septic Tank Unk
5. Gas System --1lnk
C. Heating & Air Conditioning
1. Heating Unk
2. Air Conditioning Unk
Ill. PROPERTY CONDITIONS
1. Accessory Structures D Stora!!e build in!! (6xlO')
2. Condition of Grounds A
3. Other -
COMMENTS: Fire was 2-25-94
11-'96 Rev. .:....blds.rnnt....erou. buiJdiIll
e e
"
- -. - -
-
-- ..----- _ ------.-.-
REQUa FOR CITY COUNCil AGENDA .M
Agenda Date Requested: December 16. 1996
Requested By: ~ ~~uv Rankin Department: Plannina
port Resolution X Ordinance
Exhibits:
1. Ordinance 1000-HH
SUMMARY & RECOMMENDATION
On December 5, 1996, the City received an application for an on premise wine and/or
beer permit for Juniors. The current permit expires on December 14, 1996.
Ordinance 1000-HH, if approved, would allow for a permit to be issued to Juniors,
517 N. Broadway, la Porte, Texas, for the sale and on premise consumption of wine
and/or beer. As stated in the Ordinance, at least sixty-five percent (65%) of the gross
income shall be derived from the sale of prepared food.
A review of the tax rolls show that as of December 10, 1996, there are delinquent
City and LPISD taxes owed on the property in the amount of $4,352.19 for the years
1994 through 1996.
City $1,499.59
LPISD $2,852.60
Total $4,352.19
Action Required by Council:
Consider approval of Ordinance 1000-HH
Availability of Funds: N/A
General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other
Account Number: Funds Available: YES NO
ADD roved for Citv Council Aaenda
11!::~ ,k ~ /ffit
o~. Herrera
DATE
City Manager
- --------
(e (e
ORDINANCE NO. 1000-HH
AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, DESIGNATING AN AREA
WHERE VVINE AND/OR BEER FOR CONSUMPTION ON THE PREMISES MAYBE
SOLD; PROVIDING FOR HOURS OF OPENING AND CLOSING; PROVIDING SALE
OF VVINE AND/OR BEER FOR CONSUMPTION OFF PREMISES SHALL NOT BE
AFFECTED; DEFINING SOURCE OF AUTHORITY; PROVIDING A SAVINGS
CLAUSE; PROVIDING THAT NO LICENSE SHALL BE ISSUED EXCEPT FOR THE
AREAS HEREIN DESIGNATED; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAVV; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of La Porte desires to regulate the closing hours for the sale
of wine and/or beer prescribe the hours when it may be sold, for consumption on
premises in accord with provisions of Texas Codes Annotated, Alcoholic Beverage
Code, Chapter 105, Section 105.05 and Section 105.06; and in accord with the
provisions of Texas Codes Annotated, Alcoholic Beverage Code, Chapter 109,
Subchapter C, Section 109.31 et seq;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF LA PORTE:
Section 1. DEFINITIONS
Restaurant: A building or portion of a building, not operated as a dining room in
connection with a hotel or boarding hotel, where the primary business is the on-
premises sale of prepared food, with adequate kitchen facilities for the preparation of
the food to be sold, the adequacy of said kitchen facilities to be based upon the seating
capacity of the restaurant and the type of menu offered, and where alcoholic
beverages may be sold under the following conditions:
(1 ) At least sixty-five percent (65%) of the gross income shall be derived from
the sale of prepared food.
(2) Any outside entrances, outside separate identification, outside signs or
other advertising shall not use any of the words "bar," "tavern," "lounge,"
"ice house," or "beer," or any word of like import, to identify the
business.
e (e
Ordinance No. 1000-HH
Page 2
(3) Wine and/or beer shall be served as a beverage only in connection with
the service of prepared food to a customer.
(4) Whenever the building official on the basis of a sworn complaint from any
credible person determines that a violation of this section exists, he may
require any person serving alcoholic beverages as an incidental use to
provide the City, within thirty (30) days of notification, a verified audit for
each of the preceding four (4) calendar quarters, showing the gross
income derived from the sale of alcoholic beverages and the gross
income derived from the sale of food. Such verified audit shall be
supported by copies of licensee's invoices and canceled checks to
substantiate its wine, beer and food purchases. No more than two (2)
audits per year shall be required.
Section 2. The sale of wine and/or beer shall be permitted during the hours
set by the general laws of the State of Texas, consistent with Texas Codes Annotated,
Alcoholic Beverage Code, Chapter 105, Sections 105.05 and 105.06, at the following
location by a retailer selling wine and/or beer for consumption on premises, to-wit:
STREET ADDRESS OF PROPERTY: 517 N. Broadway, La Porte, Harris
County, TX 77571
LEGAL DESCRIPTION OF PROPERTY: Lots 25 thru 28, Block 108, Town of
La Porte, Harris County, TX
PROPERTY OWNER: Ruby Jewell Miles, 310 N. 7th Street, La Porte, TX
77571-3210
NAME OF APPLICANT: Ruby Jewell Miles
ADDRESS OF APPLICANT: 310 N. 7th Street, La Porte, TX 77571-3210
TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Juniors
Section 3. This ordinance shall constitute a permit for the operation of a
restaurant, as above defined, at the above location, which permit shall be personal to
the applicant, and non-transferable, and shall be further conditioned that the permittee
shall comply with the provisions of the Texas Alcoholic Beverage Code, and all other
applicable federal, state, and local laws and ordinances, including other provisions of
this ordinance.
(e (e
Ordinance No. 1000-HH
Page 3
Section 4. It is the intent of the City Council of the City of La Porte that this
Ordinance merely permit the sale of wine and/or beer during the hours set by the
general laws of the State of Texas by retailers selling wine and/or beer for consumption
on premises at the locations established in Section 2 of this Ordinance. This Ordinance
is not an attempt to create zoning or other land use rights in property owners at said
location, such that the provisions of City of La Porte Ordinance 1501, the City of La
Porte Zoning Ordinance, together with all amendments thereto (as such provisions
impose standards on premises or businesses within the City of La Porte, regardless of
whether such business or premises are required to have a license or permit under the
Texas Alcoholic Beverage Code) govern and supersede the provisions of this
Ordinance, in the event of a conflict between this Ordinance and the provisions of
Ordinance 1501 and amendments thereto. This application for wine and/or beer for
consumption on premises shall be subject to the provisions of:
a. The Texas Alcoholic Beverage Code;
b. This Ordinance insofar as this Ordinance does not conflict with the
provisions of the Texas Alcoholic Beverage Code; and
c. The Zoning Ordinance of the City of La Porte, being Ordinance No. 1501,
and all amendments thereto, as such provision apply to all businesses within the
City of La Porte, regardless of whether or not such businesses are required to
obtain a license or permit under the provisions of the Texas Alcoholic Beverage
Code.
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Ordinance No. 1000-HH
Page 4
Section 5. All rights or remedies of the City of La Porte, Texas, are expressly
saved as to any and all violations of this Ordinance or any amendments hereto, or any
other ordinance, statute or code, that permits and regulates the subject matter of this
Ordinance; and as to such accrued violation, any court shall have all the powers that
existed prior to the effective date of this Ordinance.
Section 6. 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 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 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 8. This Ordinance shall be effective from the date of its passage and
approval, and it is so ordered.
ie (e
Ordinance No. 1000-HH
Page 5
PASSED AND APPROVED this the lto day ofJ)eMfY/her ,1996.
CITY OF LA PORTE
~ ~
./ . < /1:h; ~
N rman { Malone, 'Mayor
ATTEST:
~ eX. !/or jaV
..sue Lb" c."" City Secr~ary
~.
e e
t
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e e
REQUFRT FOR. CITY COUNCIL A~FNDA ITEM
Agenda Date Requested: j)ece~ '
Requested By: Stephen L Barr . t;. ~1:':!Jartment: E.ad<s & Recreation
Report Resolution XXX Ordinance
Exhibits: 1, Ordinance No.
2. Sylvan Beach Fishing Pier Lighting Participation Agreement
SUMMARY & RECOMMENDATION
The City of La Porte and Harris County entered into an agreement on April 14, 1994
to participate in a joint venture to reconstruct the Sylvan Beach Fishing Pier. The project,
completed in late 1994, has been a successful one. The City has approached Harris
County Precinct 2 officials regarding the possible participation in the current Sylvan Beach
pier lighting project by the County. Precinct 2 officials have agreed in principle to
participate in this project as well, and have submitted an Agreement authorizing Harris
County participation for approval by City Council pri.or to its presentation to the Harris
County Commissioner's Court for approval.
The City has budgeted $45,000.00 for design and construction of pier lighting at the
Sylvan Beach Fishing Pier. According to the terms of the Agreement, Harris County will
contribute a maximum amount of $20,000.00 toward the project; contingent upon approval
by the two legislative bodies. The County reserves the right to review and audit
expenditures for the project after completion. The City has subm itted plans and
specifications for the proposed project to the County and their engineers have approved
it as to scope and intent.
Staff recommends approval of the Ordinance ratifying the Agreement authorizing
Harris County participation in the Sylvan Beach Fishing Pier lighting project according to
the terms of the Agreement presented.
Action Required by Council:
Consider approving the Ordinance ratifying the Agreement authorizing Harris
County participation in the Sylvan Beach Fishing Pier lighting project according to the
terms of the Agreement presented.
Availability of Funds
General Fund VVaterIWastewater
Capital Improvement General Revenue Sharing
Other
Account Number: -D1 f;-9892=.71511-OQ Funds Available: ~ YES . NO
Approved for City Council Agenda
R~\. ~ \'Z.-\\-4l..
Robert T. Herrera, City Manager Date
(e (e
ORDINANCE NO. 96- 2144
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEM~~~ BE....~~~EN THE
CITY OF LA PORTE AND BARRIS COy"~Y, FOR ~A~ INSTALLATION OF LIGHTS
FOR THE SYLVAN BEACH FISHING PIER; KAXING VARIOUS FINDINGS AND
PROVISIONS RELATING TO ~A~ SUBJECT; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE eITY OF LA PORTE:
section 1. The city council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The City Manager is hereby authorized to execute such
document and all related documents on behalf of the City of La
Porte. The eity Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents.
section 2. The ci ty 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 conf irms
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.
(e (_
ORDINANCE NO. 96- 2144 PAGE 2
PASSED AND APPROVED, this 16th day of December, 1996.
CITY OF LA PORTE
By: ~.~~
-Ner'1l1CUl :u. i.m-1....4. .:.:7 A )-ron ri>r+e,
Mayor fro Te...rn
ATTEST:
~.lfoJZtJ
fkJaf ~ ~~.,. ...w., RhOndoJ)-. yoc-1uJ V
. c~ ty Secretary
APOZw
Knox W. Askins,
eity Attorney
, ~ e /7
,- e LV-=n-y_.:...;::>___~
~ ,0' ~ i. K\pierlit
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AGREEMENT
THE STATE OF TEXAS ~
~
COUNTY OF HARRIS ~
This Agreement is between Harris County, a body corporate and politic under the laws of
the State of Texas, hereinafter called "County," and the City of LaPorte, a body corporate and
politic under the laws of the State of Texas, hereinafter called "City";
RECITALS:
The City has reconstructed, operates and maintains a public fishing pier at Sylvan Beach
Park on property owned by the County pursuant to a lease between the City and County executed
by the County Judge on April 14, 1994 pursuant to an Order of Commissioners Court recorded at
Volume 170, page 815 of the official minutes of the Commissioners Court.
It is to the mutual benefit of the County and City in providing public parks to the
residents of the City and County to install lighting on the fishing pier (the "Project")
Construction of the Project is not a duty of the City under the lease.
Therefore, the County and City agree as follows:
TERMS:
1. The City must prepare, or cause to be prepared, drawings and specifications for the
Project in accordance with the usual requirements of City within 180 days after execution of this
Agreement. Upon completion of the said drawings and specifications, the City must submit
them to the County Engineer.
2. Within sixty (60) days after approval of the drawings and specifications for the Project by
the County Engineer, the City must advertise for and receive bids for the construction of the
Project in accordance with the approved drawings and specifications in a manner similar to that
of other like City Projects.
3. Upon receipt and tabulation of the bids for the Project, the City must determine the
lowest and best bid for the construction of the Project. In the event the lowest and best bid for
the construction of the Project is an amount that would result in the total cost of the Project being
equal to or less than the sum of $40,000,00, the City must notify the County of such bid. Within
____________n__
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30 days after receipt of such notice, the County must deliver to the City its check in the amount
of the lesser of the following two amounts: (a) 50% of the lowest and best bid plus an additional
5% of the bid for contingencies, engineering costs, and engineering support services or (b)
$20,000.00.
4. In the event the lowest and best bid for the construction of the project is an amount that
would result in the total cost of the Project being in excess of $40,000.00, then and in that event,
City has the following three options:
a. City may elect to pay the additional cost and proceed to let the contract
and continue with the Project. It must notify the County that it has chosen
such option, and within 30 days after receipt of such notice, the County
must deliver its check for $20,000.00 to the City.
b. City may reject all bids and elect not to proceed with the letting of the
contract and terminate the Project without further obligation to City or
County. In such event, any unexpended funds previously paid by County
hereunder must be immediately returned.
coo City may reject all bids and re-advertise for bids as in the first instance.
5. Within 30 days after receipt of a check from the County under Paragraph 4 or 5, the City
must award the contract to the lowest and best bidder, in accordance with the usual and
customary procedures of the City. Notwithstanding the above, it is expressly agreed and
understood that the City reserves the right to reject all bids. In such event, the City, in its
discretion, may either re-advertise for bids pursuant to the same understanding with regard to
rejection of bids or terminate this agreement as hereinafter provided. The City's determination of
the lowest and best bid for the Project is final and conclusive.
6. The City is responsible for administering the construction contract. During the
construction of the Project, County has the right of access to the construction site and has the
right to review all documents, maps, plats, records, photographs, reports or drawings affecting
said construction, provided, however, that County gives notice by telephone to the City prior to
any inspection of either the site or documents and provided further that in conducting said
inspections, County does not interfere with the work in progress.
7 Upon the completion of the construction of the Project, the City must perform or cause to
be performed, a final accounting and forward documentation of same to the County in a form
acceptable to the County Auditor. Within 60 days after completion of the Project, the City must
deliver to the County any interest earned upon funds forwarded by the County to the City
hereunder plus the amount, if any, by which the amount of funds forwarded by the County to the
City hereunder exceeds an amount equal to 50% of the actual costs of the construction contract
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and engineering and engineering support services for the Project.
8. The City may make such changes and amendments to the drawings and specifications
within the general scope of the approved Project as the City deems necessary or desirable during
construction of the Project so long as the original scope and intent of the Project is unchanged.
9. The County or City may terminate this Agreement, without cause, at any time prior to the
letting of the contract for construction of the Project, by written notice to the other party. Upon
such termination, neither party has any further obligation hereunder, except that the City must,
within 30 days after such termination, return to the County any funds previously forwarded by
the County hereunder.
10. It is expressly understood and agreed that County has available the maximum sum
certified as available by the County Auditor in the Auditor's Certificate attached hereto to satisfy
its obligations under this Agreement. It is expressly understood and agreed that City has
available the maximum sum of $20,0000 to satisfy its obligations under this Agreement. Neither
party is obligated to expend more than the maximum sum available to the party.
11. It is further acknowledged and agreed by the parties that upon completion of the Project,
it will be part of the premises leased by the City from the County.
12, The County or its authorized representative has the right to review and audit all books,
records, vouchers and documents of whatever nature related to City's performance under this
Agreement during the period of performance of this agreement and for three (3) years thereafter
or for so long as there exists any dispute or litigation arising from this agreement.
13. No party hereto may make, in whole or in part, any assignment of this agreement or any
obligation hereunder without the prior written consent of the other party hereto.
14. This instrument contains the entire agreement between the parties relating to the rights
herein granted and the obligations herein assumed. Any modifications concerning this
instrument shall be of no force and effect excepting a subsequent modification in writing, signed
by all parties hereto.
IN TESTIMONY OF WHICH, this agreement, in duplicate counterparts, each having
equal force and effect of an original, has been executed on behalf of the parties hereto as follows,
to-wit:
a. It has on the ~ day oJ.a~Ud,r\Lf , 199" been executed on
behalf of the County by the County \ Judge of Harris County, Texas,
pursuant to an order of the Commissioners Court of Harris County
authorizing such execution.
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.
b. It has on the ~daY of ~.ki}. , 1996, been executed on
behalf of City y its Mayor attested by its City Secretary, pursuant to an
ordinance of its City Council authorizing such execution.
APPROVED AS TO FORM: HARRIS COUNTY
MIKE DRISCOLL
County Attorney ~~
Bv /) "^'" (' V~ By
~ _4 . ~ -
DON C. WHITLEY ROBERT ECKELS, County Judge
Assistant County Attorney
Al ThST CITY OF LAPORTE
{lMivgt:!~/i. ffbJ By ~n>~
Mayor Pro Tem
AUDITOR'S CERTIFICATE
I hereby certify that funds are available in the amount of $20,000.00 to accomplish
and pay the obligations of Harris County herein.
t-; Q~- ,
,-, r...- ~1/ .' _/ /r.<>j
Tommy J.JPbniPkins, County Auditor
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<<
ORDER AUTHORIZING EXECUTION OF AGREEMENT
BY AND BETWEEN HARRIS COUNTY AND THE CITY OF LAPORTE
FOR THE PROVISION OF LIGHTING FOR THE SYLVAN BEACH FISIDNG PIER
THE STATE OF TEXAS ~
~
COUNTY OF HARRIS ~ ~ , 19? the Commissioners Court of
On this the ~ day of ~ Harris c~exas, sitting as the governing body of Harris County, upon motion of Commissioner
k'" ~ , seconded by Commissioner ~ , duly put and carried,
IT IS ORDERED that County Judge is hereby authorized to execute for and on behalf of Harris
County, an Agreement by and between Harris County and the City of LaPorte regarding the installation
of lights for the Sylvan Beach fishing pier, under Park Fund 1000, said Agreement being incorporated
herein by reference for all purposes as though fully set forth word for word.
PRlSlNTED '0
Commissioners cna
Det. JAN Il.:1...11lB1-
.
':; eccrd8d 9of; ..... '-
t....
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.ouest for City Council A2enda Item-
Agenda Date: December 16. 1996 Requested By: Guv Rankin. Planning Director~)ll
Report; Resolution; XX Ordinance; Other
Attachments: Ordinance; Bidder's list; Bid Tabulation
On September 9, 1996, bids were received for the construction/installation of pier lighting for the fishing
pier at Sylvan Beach (CLP Project No. 95-5301). The project included a base bid and 5 alternates. The
Base Bid provides for the installation of 21 pole mounted lights (at 100 foot intervals) along the pier;
Alternate 1 provides for the installation of handrail mounted fishing and egress lights along the first 600
feet of the pier; Alternate 1 A provides extending the handrail mounted fishing and egress lights at 100
foot intervals (note that Alternates 1 and 1A are a different configuration than the base bid and are in lieu
of the base bid); Alternate 2 provides obstruction lights; Alternate 3 provides a public address system; and
Alternate 4 provides for the addition of pole mounted lights in multiples of 5 lights. After review by staff,
Alternates 1 and 1 A, which provided handrail mounted lights is not recommended because of budget &
design concerns.
The low bid including Alternates 2 & 3 on the project was submitted by Bay Area Electric Company.
Their base bid, along with alternates 2 and 3, totaled $44,310. For this project, staff recommends a two
prong approach. First, we recommend the approval of the Base Bid and Alternates 2 & 3. This will
provide 10 pole mounted lights on each side of the pier (at 100 foot intervals with 50 foot offsets between
sides) as well as the obstruction lighting and public address system.
Secondly, once a section of lights has been installed, Staff will review the coverage and determine if any
additional lights are needed. If additional lights are needed, a change order will be executed, utilizing
contingency funds, and the additional lights can be installed while the contractor is still at the job site.
With the addition of 4 multiples (20 additional lights) of Alternate 4, their bid becomes $52,750.
Funding for this project comes from two sources. The City has $46,000 available for this project and we
expect to receive County participation for $20,000, providing a total of $66,000. Costs previously
committed for engineering and trenching/conduit installation have totaled $11,000, leaving $55,000
available for the project. The award of the base bid plus alternates 2 & 3 totals $44,310.00 leaving
$10,690.00 available for contingencies.
ACTION REQUIRED BY COUNCIL
Authorize the City Manger to execute an agreement with Bay Area Electric Company in the amount of
$44,310 (Base Bid, Alternates 2 & 3) and provide a construction contingency of $10,690. Further, if
additional lighting is needed, Alternate 4 will be executed and funded from the contingency.
FUND CIP & Countv ACCT NUM: 015-9892-715-5110 FUNDS AVAILABLE: Yes
ADDroved for City Council Al!enda
~rtf!:a Ci~ Mang& fi::( f'
D te
I e (e
I
i
ORDINANCE NO. 96- 2145
AN ORDINANCE APPROVING AND A....AORIZING AN AGREEMENT BE...~...:.BR ...~..:.
CITY OF LA PORTE AND BAY AREA ELECTRIC COMPANY, FOR .a.A.15
CONSTRUCTION/INSTALLATION OF PIER LIGHTING FOR THE FISHING PIER AT
SYLVAN BEACH; APPROPRIATING $44,310.00 PLUS A CONTINGBRCY OF
$10,690.00, TO J! UJ,luJ SAID CONTRACT; MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The City Manager is hereby authorized to execute such
document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents. City Council appropriates the sum of $44,310.00 plus a
contingency of $10,690.00 from the Capital Improvement Account No.
015-9892-715-5111 to fund said contract.
Section 2. The City eouncil 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 eity Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, ehapter 551, Texas Government
eode; 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 eouncil further ratifies, approves and confirms
such written notice and the contents and posting thereof.
\ e (e
ORDINANCE NO. 96- 2145 PAGE 2
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 16th day of December, 1996.
CITY OF LA PORTE
~/
By: ,l~
~:J.;'111a~1 L. I1aloflC, alwn. f/BYrV"
Mayor R-D Tun
ATTEST:
~d~
.ta~' f.~nc6, R.h~ L. YOf-kJJl/
~ City Secretary
h2D: ;/
c7M~ ,,~
Knox W. Askl.ns,
City Attorney
e e
CITY OF LA PORTE
SYLVAN BEACH l'lliR LIGI1I11iG PROJECT
CLP PROJECT NO. 95-5301
Advertisinl!'
The Bayshore Sun - November 24 & December 1, 1996
Faxed Bid Notice to:
Greater Texas Electric Pfeiffer Electric Allstate Electric
11411 East Jayhawk 112 Pamela 1201 Center
Houston, TX Bay town, TX Deer Park, TX
Personal Notification
Moser Electric Pfeiffer & Son Bay Area Electric
402 S. Virginia 116 N. 16th 4800 Toddville
La Porte, TX La Porte, TX Seabrook, TX
Texan Electric Company Simplex Electric
7011 Dixie 8520 Sweetwater, Ste. A-3
Houston, TX Houston, TX
Contractors that Picked uo Plans and Soecifications
Moser Electric Pfeiffer & Son Bay Area Electric
402 S. Virginia 116 N. 16th 4800 Toddville
La Porte, TX La Porte, TX Seabrook, TX
Texan Electric Company Simplex Electric Pfeiffer Electric
7011 Dixie 8520 Sweetwater, Ste. A-3 112 Pamela
Houston, TX Houston, TX Bay town, TX
CITY OF LA PORTE
SYLVAN BEACH PIER LIGHTING PROJECT
CLP PROJECT NO. 95-5301
BID SCHEDULE
DECEMBER 9,1996
CONTRACTOR BASE BID AL T #1 ALT #1A ALT #2 ALT #3 ALT #4 TAB A TABB DAYS
Texan 28,744 28,856 3,508 12,693 10,566 2,121 52,003 60,487 150
Bay Area Electric 29,840 31,515 2,616 6,370 8,100 2,110 44,310 52,750 80 e
Pfeiffer & Son 39,671 40,942 4,525 9,909 11,040 2,415 60,620 70,280 45
Moser Electric 38,620 24,000 17,300 10,200 12,520 5,200 61,340 82,140 0
Base Bid: Provide 21 pole mounted lights the entire length of the pier (1, 100 ft.)
Alternate #1: Provide handrail mounted fishing and egress lighting for the first 600 feet of pier.
Alternate #IA: In conjunction with Alternate #1, extend the handrail mounted lights at 100 foot intervals for a maximum of 5 intervals.
Alternate #2: Installation of Coast Guard approved obstruction lights
Alternate #3: Installation of a public address system,
Alternate #4: In conjunction with the base bid, install additional pole mounted lights in multiples of 5 for a maximum of 20 additional lights. e
Tabulation A: Base bid, including Alternates #2 & #3,
Tabulation B: Base bid, including Alternates #2, #3, & #4.
e e
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REQU~ FOR CITY COUNCIL AGENO_TEM
Agenda Date Requested: Decem~ 16. ~99<5
R<:quested By: Louis Riebv c{ ,,'\ Department: Administration
Report Resolution Ordinance
Exhibits: Ordinance
~ - -
SUMMARY AND RECOMMENDATION
..
A request bas been made that the City consider allowing employees to use sick leave to care for ill family members.
The practice is not currently addressed in the Personnel Policy Manual. A check with surrounding cities found
that most allow the practice within certain guidelines. Executive Staff bas reviewed the current sick leave policy
and ......u......mends the following changes:
CHAr 1.t'..K 6 ABSENCE, SECTION 7 - SICK LEA VB, Paragraphs 1, 2, and 3:
1. Regular full time employees shall accrue sick leave at the rate of ~ li. hours per pay period.
............~..... ..........
Twenty four hour shift personnel shall accrue sick leave at the rate of ~ tll hours per pay period
Accroal of sick leave shall be unlimited.
2.
~ijmi8::iJl's~, .' ... ::~ Sick leave shall not be used for unexcused absences.
................,......... ....,.~.,.,....~...., ...
3. Sick leave e...........1ing five (5) work days in any six month period may cause an employee to be placed
on physical report status. Employees under this status shall be required to submit to their supervisor a
medical doctor's statement offitness for duty upon returning to work: from an illness. Failure to
submit such medical statement may result in discip1inary,..~.~~:...~~X~!.~..~<~t~~..~.~..~main
~
Action Required by Council:
Adopt amended ordinance changing sick leave policy.
Availability of Funds:
_General Fund _Water /Wastewater
_Capital Improvement _General Revenue Sharing
_Other
Account Number: Funds Available: Yes No
Approved for City Council Agenda
Q~ T,~ \ '1.. ~ \. l - t1.. (.:,
Robert T. Herrera, Date
City Manager
(e ,A
. ( ~
ORDINANCE NO. 96- 2146
AN ORDINANCE ADOPTING AN AMENDMENT TO CHAPTER 6, SECTION 7, "SICK
LEAVE" , 01' ..A.I:i CITY 01' LA PORTE PERSONNEL POLICY HANUAL DATED
JANUARY 1, 1992; PROVIDING A S.l:iY.l:iAABILITY CLAUSE; FINDING
COMPLIANCE WITH ~A.I:i OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE
HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. Chapter 6, section 7, Paragraphs 1, 2, and 3,
"sick Leave", of the city of La Porte Personnel Policy Manual dated
January 1, 1992, is hereby amended, and shall hereafter read as
follows, to-wit:
"SEeTION 7 - SICK LEAVE
1. Regular full time employees shall accrue sick leave at
the rate of 4.62 hours per pay period. Twenty four hour
shift personnel shall accrue sick leave at the rate of
7.39 hours per pay period. Accrual of sick leave shall
be unlimited.
2. sick leave may be taken due to the employee's personal
illness, non work related injuries, or routine health
care appointments which cannot be reasonably scheduled
outside of working hours. Department Directors have the
discretion to allow a regular employee up to twenty-four
(24) hours of sick leave per calendar year in the event
of an illness within the employee's immediate family or
household, or for routine health care appointments for
the employee' s immediate family or household which cannot
be reasonably scheduled outside of working hours. Sick
leave shall not be used for unexcused absences.
3. sick leave exceeding five (5) work days in any six month
period may cause an employee to be placed on physical
report status. Employees under this status shall be
required to submit to their supervisor a medical doctor' s
statement of fitness for duty upon returning to work from
an illness. Failure to submit such medical statement may
result in disciplinary action. Physical report status
shall remain in effect for six (6) months from the date
of the action. Any leave charged to employees' sick
leave balance shall be subject to this provision, with
the exception of sick leave used in conjunction with
Family Medical Leave."
( e (_
ORDINANCE NO. 96- 2146 PAGE 2
section 2. If any section, sentence, phrase, clause, or any
part of any section, sentence, phrase, or clause, of this ordinance
or amendment of the city of La Porte Personnel Policy Manual hereby
adopted, shall for any reason, be held invalid, such invalidity
shall not affect the remaining portions of this Ordinance, or said
Personnel Policy Manual, 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 3. The eity eouncil 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 eity Hall of the
eity for the time required by law preceding this meeting, as
required by the Open Meetings Law, ehapter 551, Texas Government
eode; 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 eity eouncil further ratifies, approves and conf irms
such written notice and the contents and posting thereof.
section 4. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
(e (e
ORDINANCE HO. 96- 2146 PAGE 3
PASSED AND APPROVED, this 16th day of December, 1996.
~ LA PORTE
By: N~
maIYL. . M one,
Mayor
()(l;;d~ rI UJw tbd tdzt fv
Sue Lenes,
City Secretary 0
APP~dd
Knox W. ASkins,
City Attorney
. e e
- . - . -.
REQU" F ITY COUNCIL AGENOAEM
Agenda Date Requested: December 16.
Requested By: Louis Ri2bv Department: Admini,,;.u:&~on
Report X Ordinance
Exhibits: Ordinance
Letter from SWBT
Easement Ae.-.......ent
SUMMARY AND RECOMMENDATION
Southwestern Bell Telephone (SWB1), through Contract Land StafI: Inc., bas requested that the City allow SWBT
to install a loop el.....l.u...ic cabinet on City property. This cabinet will iDcrease the capacity of available phone lines
in the area. SWBT bas determined that this box is needed due to the amount of lines being used by fax machines.
computer modems, and new commercial and residential service.
The area needed, 8t-t'&,....:mately 25 feet square, must allow access by SWBT and be no further than 1,000 feet
from the current cross connect box that is located at the rear of City Hall. It bas been determined that the City
owned ..l.'wl'.erty south of the Fourth Street ground storage area would suffice for this project and the City bas no
immediate plans for the property.
SWBT bas asked that an easement 3E,........entbe ar..".,!ed by the City to allow this project to begin and have
agreed to compensate the City in the amount of $1,250. When asked about the City deeding the property to
SWBT, for fair market value, we were told that SWBT no longer buys "."t'~rty for these projects.
Action Required by Council:
Adopt ordinance granting SWBT an easement on City owned t"."I'~rty.
Availability of Funds:
_General Fund _WaterlWastewater
_Capital Improvement _General Revenue Sharing
_Other
Account Number: Funds Available: Yes No
Approved for City Council Agenda
8~TI ~ \'J\f~qL
Robert T. Herrera, Date
City Manager
----------
( e (e
ORDINANCE NO. 96- 2147
AN ORD:INANCE APPROVING AND AUTHORIZ:ING AN AGREEMENT BE...~.~EN '.a.:,a,.I:i
CITY OF LA PORTE AND SOu...AA~STERN BELL TELEPHONE COMPANY, FOR AN
EASEM.la4I1... FOR TELECOKKUNICATIONS FACILITIES ON SOUTH 4TH STREET;
KAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO ...A.I:i SUBJECT;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE eITY OF LA PORTE:
Section 1. The eity Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The eity Manager is hereby authorized to execute such
document and all related documents on behalf of the City of La
Porte. The eity Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents.
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 eouncil 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 conf irms
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.
ee (e
ORDINANCE NO. 96- 2147 PAGE 2
PASSED AND APPROVED, this 16th day of December, 1996.
CITY OF LA PORTE
By: Ih171/7A/1H1!k
,- . .
Norman L: Malon'e,
Mayor
ATTEST:
aMt~arc( fJw
.-1
///
I ..
I '
APPROyEO': / /(
b;;ri{)~
Knox W. ASkins, -
City Attorney
e e
@ Southwestern Bell Telephone
'"Th e On e to Call On" H
November 7, 1996
Mr, Robert Herrera
City Manager
City of La Porte
P,O, Box 1115
La Porte, Texas 77572-1115
RE: SOUTHWESTERN BELL TELEPHONE COMPANY
REQUEST FOR REMOTE TERMINAL EASEMENT
OUT OF A PORTION OF LOTS 5 AND 6, BLOCK 177,
CITY OF LA PORTE
Dear Mr. HeuC,ld,
This correspondence is to confirm that Mr. Bill Strickland with Contract Land Staff has been
negotiating with you on behalf of Southwestern Bell Telephone Company (SWBT) for the above
referenced easement. In addition to this letter I am enclosing a copy of the proposed easement
documents and a color photo of a typical remote terminal site. The equipment in the photo is the
same type equipment which SWBT proposed to place on this easement. The document and
photo are being sent for review and comment by you and the City Attorney.
The purpose of this easement is to provide increased telecommunications facilities to relieve the
existing facilities within the area that surrounds and includes the La Porte City Hall. This relief
is necessary at this time due, in part, to the growth in and around City Hall and the Fairmont
Parkway at Highway 146 intersection. The growth has resulted in an ever increasing demand on
SWBT facilities that are presently working at near capacity,
With this facility, SWBT will be able to continue to provide service in the timely manner in
which our customers have become accustomed. Without this facility, SWBT would have to
initiate a major construction project to place new cable to provide the needed relief for the area,
SWBT is aware that the City of La Porte can not grant the use of City owned property to private
industry without compensation. SWBT is proposing to compensate the City of La Porte, for the
granting of this easement, in the amount of$I,250,OO,
Should the document and proposed compensation meet your approval and/or should you have
any additional questions or comments concerning this matter please feel free to contact Mr,
Strickland or me, Thank you for your cooperation and assistance in handling this matter.
e e
Mr. Robert Herrera
Page 2
November 8, 1996
Sincerely,
~~
Stephen B. Bush
Manager-Engineering Right-of-Way
939 W, Greens Road, Room 215
Houston, Texas 77067
Phone:281/874-4065
Fax# :281/874-4121
cc: Mr. Bill Strickland
Contract Land Staff
281/240-3370
Enclosures: 2
e e
SOUTHWESTERN BELL TELEPHONE COMPANY ~(Q)b9)f
BASEMENT POR TELECOMMUNICATIONS PACILITIES
THE STATE OF TEXAS ~
~ KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF HARRIS ~
THAT THIS EASEMENT AGREEMENT, entered into by the undersigned, herein
referred to as GRANTOR (whether one or more), and SOUTHWESTERN BELL TELEPHONE
COMPANY, 939 W. Greens Rood, Suite 215, Houston, Texas 77067, hereinafter
referred to as GRANTEE, wherein GRANTOR. in consideration of the sum of TEN AND
NO/100 ($10.00) DOLLARS, and other good and valuable consideration, receipt of
which is hereby acknowledged, does by these presents, GRANT, BARGAIN AND SELL,
CONVEY AND CONFIRM unto GRANTEE, its associated and allied companies, its and
their respective successors and assigns, a permanent easement for the purposes
hereinafter set forth, upon, across, over, above, and under a tract of land
described in Exhibit IIAII and shown on Exhibit "B" , said exhibits attached
hereto and incorporated herein by reference for all purposes. The easement
granted herein occupies part of GRANTOR's property located in Harris County,
Texas described as follows:
Being that certain tract or parcel of land known as Lots 5 and 6,
Block 177 of the Town of La Porte, as recorded by map in Volume
855, Page 383 of the Deed Records of Harris County, Texas, and
being that same tract conveyed to the City of La Porte by deed
recorded in Volume 2080, Page 149 of the Deed Records 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
following:
(a) 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.
(b) 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-of-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 herein described property.
(c) This easement is granted for the specific purposes of
permitting GRANTEE to construct, operate, place, maintain, lay, inspect,
protect, repair, alter, substitute, relocate, replace, and remove such above
ground and underground telecommunications facilities, cables, circuits, lines,
and conduits; cabinets/structures housing said telecommunications facilities;
and, associated above ground and underground appurtenances thereto , as
GRANTEE, may from time to time require upon, across, over, above, and under
said easement; the right of ingress to and egress from the easement utilizing
the surface of the easement only; the right to clear and keep cleared trees,
brush, and all other obstructions from the surface and subsurface of the
easement, subject to the exception noted in paragraph (d) herein; the right to
remove and relocate fences which cross the easement; and, the right to fence
the easement.
(d) GRANTOR, its successors and assigns, shall have the right to
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.
199)PORH\SAI/H80 ,SWB JAN. un
- 1 -
e e
(e) After the construction of GRANTEE'S telecommunications
facilities and also after any later operation done or caused to be done by
GRANTEE which affects GRANTOR'S land or any part thereof, GRANTEE shall
promptly restore the surface grade affected thereby to as nearly as practicable
the same condition it was prior to such operations. GRANTEE shall pay GRANTOR
for any damages, other than damages to trees growing within the easement,
caused by GRANTEE, its employees or persons acting under its control, during
such operations. GRANTOR hereby acknowledges receipt of payment in full by
GRANTEE for all claims, losses, or damages to trees growing within the easement
herein described, caused by GRANTEE, its employees, or any other persons acting
under its control, during GRANTEE'S telecommunications facilities construction
and maintenance operations,
(f) GRANTOR warrants that it is the owner of the property
occupied by the easement granted herein and that it has the right to make this
conveyance and receive payment therefor. GRANTOR covenants that GRANTEE, its
successors and assigns, may quietly enjoy the premises for the uses herein
stated. In addition, GRANTOR hereby warrants and represents that it has no
knowledge of the existence of past or present hazardous/toxic waste
contamination conditions applicable to either the easement area or GRANTOR's
property described herein.
TO HAVE AND TO HOLD the herein described easement, together with all and
singular the rights and appurtenances thereto belonging, unto GRANTEE, its
successors and assigns, forever, and GRANTOR does hereby bind itself, and its
successors and assigns, to warrant and forever defend all and singular the
easement unto GRANTEE and its successors and assigns, against every person
whomsoever lawfully claiming or to claim the same, or any part thereof.
SIGNED AND EXECUTED this day of , 1996.
ATI'EST: CITY OF lA tVK.n~.
/' By:
City Secretary ,
/-..- ~'T.~
APP: ( . ( City Manager
/~1'~ 1t) ~I/",vj-.
CitY Attorney'
THE STATE OF TEXAS S
S
COUNTY OF HARRIS S
BEFORE ME, the undersigned authority, on this day personally appeared __
ROBER!' T. ~. City Manager of the CITY CF lA !:'Uln:~ , known to me to be the
person whose name is subscribed to the foregoing instrument, and who
acknowledged to me that h", executed the same for the purposes and
consideration therein expressed, in the capacity therein stated, and as the act
and deed of said City
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
-' 1996.
My Commission Expires:
Notary Public in and for the
State of Texas
(Printed Name of Notary)
199]FORM\SAI/MOO. SWB JAB. un
- 2 -
e e
DESCRIPTION OF A 0.014-ACRE TRACT OF
LAND OUT OF LOTS!) AND 6, BLOCK 177,
TOWN OF LA PORTE, HARRIS COUNTY, TEXAS
Being a tract of land containing 0.014 aore (625 square
feet) out of Lots 5 ~nd 6, Block 177 of the Town of La Porte
as recorded ,by map in volume 855, Page 383 of the Harris
County Deed Records, Harris County, Texas and being conveyed
to the city of La porte by deed reoorded in Volume 2080, Page
149, Harris County Deed Records, Harris county, Texas. Said
0.014-acre tract being more particularly described by metes
and bounds as follows:
COMMENCING FOR REFERENCE at the northwest corner of
Lot 1 of said Block 177, being the intersection point of the
south right-of-way line of west "I" street CoO-feet wide) and
the east right-of-way line of South 4th Street (60-feet
wide), from which a l/2-inch iron rod found bears North, a
distance of 0.73 feet;
THENCE South with the east right-ot-way line of said
south 4th Street and the with west line of Lots 1, 2, 3, 4,
and!) of said Block 177, a distance of 117.09 feet to a 1/2-
inch iron rod set for the northwest corner and the POINT OF
BEGINNING of said traot herein described;
THENCE 'South 89 deg. 44 min. 54 seo. East with the north
line of said tract herein described, a distance of 25.00 feet
to a 1/2-inoh iron rod set for the northeast corner of said
tract herein described;
THENCE South with the east line of said tract herein
described, at a distance of 7.91 feet pass the south line of
said Lot 5 and the north line of Lot 6 and continuing for a
total distance of 25.00 feet to a 1/2-inch iron rod set for
the southeast corner of said tract herein described1
THENCE North 89 deg. 44 min. 54 seo. West with the south
line of said traot herein described, a distance of 25.00 teet
to a 1/2-inoh iron rod set tor the southwest corner of said
tract herein described, located in the east right-of-way line
of said South 4th Street and the west line of said Lot 6;
THENCE North with the east right-of-way line of said
South 4th Street and with the west line of said Lot 6, at a
distance of 17.09 feet pass the south line ot said Lot 5 and
the north line of Lot 6 and continuing for a total distanoe
of 25;00 feet to the POINT OF BEGINNING and oontaining 0.014
acre (625 square feet) of land.
Compiled By:
Weisser Engineering company
17171 Park Row, suite 100
Houston, Texas 77084
Job No. 296-082
pate: 11/07/96
EXHIBIT "A" 01-lf(1/-96 m-on.PIIl
1991PORH\SAI/M80. StfB J>>f. 15191
- 3 -
J NOTE: 1'2" IRON RODS SET
.k: I AT ALL CORNERS UNLESS
~ FND. 112" I.R. ---l FHO. t. 1.1'. OTHER."l Sf. SPECIFIED
/I
P.j
WEST" I " (60' R.O.W.) ~ .
co
_ no. "'. '.L . . (AS~HAL T J:: . ~ Key Yap # 580 8
rNO. 112" I.R.
~ \ (~ Ln" ~ ,... "'. .... . (j) S 89'44'S4' E ~ 25.00'
· -- ..' '.L.. 1 ,,,. '\ . ,,,. 7.... ..u. . @ SQUTH - 25.00'
~ ... -!! :: P.O.C. LOT 1 i =: fIIO. Sill" I.R. ': G> N 89.44'54H W - 25.00'
..- 0 >- :3
. en ~~ ~ . @ NORTH - 25.00'
~ 0 ~....J 0
>- ._,...::.. LOT 2 ILl.llo ~ ~ .
~ 0 - _'" .1La; N c::
-<~& ~ '..J..c.o .......
c::: I II) . - .. t-
'" %' l!5~~ \ ()~\~ O..J ·
~ .. r- t- = LOT 3 )-_:t: \..~ '(1 Oo~. U)<t ~
:r g..J 5 l- 0 t'\~ \1 Ll. Co ....:J: E-t I
U ..., < II) - ...J ...\ U \l "1 ~. C- H oqo
~ .. _~ . u ~ ,()'t\'O,,\..()C1'- )~.J ~ ~ ~ I
\ .::t:V) ~\.~P.O.B. LOT 4 ?". 1"').... ~
>- r-< ~~. lZl
~ CD ~ ::t:
.... -< . 1 ()\.. . r-
-< ::t: ~ x --- .... '-J ::J IE
~ ~ ~ _ LOTS .~ WEISSER
_ >-...~ $~ :: S.W.B. T. CO. TELECOMUNICATIONS Engineering Co.
Wb' _'. ~ 17.Q~' ~ - F AC lL I Tl ES ESM'T -. . -- 17171 Pork Row. Suite 100
AloICHOR ,,- "_. 0 . 0 01" ACRE (625 sa FT) Houston. Texas 17084
" ~ (:>> =.' . ., · .17131 579 - 7300
~ 3 ID.
--< ~ . _ -J ..0 - -
~lIER ... ;"'_ ~84 ~ SOUTHWESTERN BELL TELEPHONE COMPANY
_ " . " Lot 7 N :: ~ --
POLE S ~ . EASEMENT FOR TELECOMMUNICATION FACILITlES
~ -~ E
.. \ /" FNO. 1" loR. U ~ HARR I S COUNTY, T XAS
~ . PROPERTY OWNER: CITY OF LA PORTE
WEST FAIRMONT PARKWAY (60' R.O.W.)
SCALE: N.T.S. ORAWN BY: ~.J. WEISSER ENGINEERING COWPANY
(ASPHAL T) DATE: 11/06/96 REVISED: JOB NO. Z9S-l>82
4
e e
REOU~ FOR CITY COUNCIL AGENDA iIfM
-
- - - - -
Agenda Date Requested: December 16.1996
Requested By: S. Gillett ~ Department: Public Works
Report Resolution XXXX Ordinance
Exhibits: Ordinance No. 96-
1996 Waterline Replacement Project Summary
Proposal and Agreement for Engineering Services
FY 1996-97 CIP Summary
--
- $UMMARY & REeOMMENDATION
The 1996-97 Utility capital Improvement Fund includes three (3) waterline
replacement projects - 2100 feet of 8" waterline and sidewalk on Old
Orchard, 200 feet of 8" waterline along North 16th street at F101 Harris
County Flood Control ditch, and 100 feet of 8" waterline across West Main
at 16th Street.
The firm of Claunch & Miller was selected to submit a proposal for
engineering services for the Project, due to similar experience in the
design of waterline and sidewalk replacement along Farrington Blvd. The
Proposal is as follows (all fees are lump sum):
Engineering Services
Preliminary Engineering Phase $ 5,100
Final Design Phase 11,100
Construction Phase 4,100
Special Services
Survey 4,200
Geotechnical 975
Total Engineering Services (Lump Sum) $25,475
The Contract also establishes fees for construction observation and
additional services. These services will not be provided unless authorized
by the City.
Action Required by Council: Approve Ordinance No. 96- authorizing the
City Manager to execute an agreement with elaunch and Miller to provide
professional engineering services for waterline replacement.
= ..:
- -
Availability of Funds:
General Fund Water/Wastewater
XXXX capital Improvement General Revenue Sharing
Other
Account Number: Funds Available: XX YES NO
= =
ADD roved for city Council Aqenda - -
<X~~ l. ~~ \').-\\.~(,.
Robert T. Herrera DATE
City Manager
= =
-
,.e re
(
ORDINANCE NO. 96- 2148
AN ORDINANCE APPROVING AND A.........ORIZING AN AGREEMENT BE..J.~EN ..A.I:i
CITY OF LA PORTE AND CLAUNCH Ii MILLER, INC. , FOR PROFESSIONAL
ENGINEERING SERVICES FOR WATERLINE REPLACEM~~..; APPROPRIATING NOT
TO EXCEED $25,475.00 TO ~u~.u SAID CONTRACT; MAKING VARIOUS FINDINGS
AND PROVISIONS RELATING TO THB SUBJECT; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATB HBRBOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The City Manager is hereby authorized to execute such
document and all related documents on behalf of the city of La
Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents. The City Council appropriates the sum not to exceed
$25,475.00 from the Capital Improvement Fund (Fund 3) to fund said
contract.
section 2. The eity 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, ehapter 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 conf irms
such written notice and the contents and posting thereof.
Ie ( e
(
ORDINANCE NO. 96- 2148 PAGE 2
I
section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 16th day of December, 1996.
CITY OF LA PORTE
By: )klU;h/m~
N~rman L. Ma~ ne,
Mayor
ATTEST:
~c1 2fJav
t1&d. ~ ~~, rJ
.city Secretary
~: L
.tizJ~
Knox W. Askins,
City Attorney
. e
1996-97 UTILITY CAPITAL IMPROVEMENT FUND
WATERLINE REPLACEMENT PROJECT
The 1996-97 Utility eapital Improvement Fund includes three (3)
waterline replacement projects - 2100 feet of 8" waterline and
sidewalk on Old Orchard, 200 feet of 8" waterline along North 16th
street at F101 Harris eounty Flood Control ditch, and 100 feet of
8" waterline across West Main at 16th street. A total of $135,000
was budgeted for design and construction of the Project.
The firm of Claunch & Miller was selected to submit a proposal for
engineering services for the Project, due to similar experience in
the design of waterline and sidewalk replacement along Farrington
Blvd. The Proposal is as follows:
Preliminary Engineering Phase $ 5,100
Final Design Phase 11,100
Construction Phase 4,100
Survey 4,200
Geotechnical 975
Total Engineering Services $25,475
As part of the proposal, Claunch & Miller prepared a cost estimate
to assist in the determination of design fees. It quickly became
apparent that the original estimate failed to include significant
considerations unique to the Old Orchard replacement, with an
estimated cost of 186,775 (including $25,475 engineering), $51,775
more than the original estimated cost of $135,000.
The Old Orchard waterline replacement includes several features and
problems not usually associated with waterline replacement. First,
although the original estimate includes sidewalk replacement, no
consideration was given to the number of driveways that will likely
need to be replaced. Second, the need for select backfill to
replace unsuitable dirt removed from the excavation was not
considered. The recent project along Farrington required the use
of select backfill. Finally, the need to keep almost fifty
existing residential meters in service while replacing the
waterline was not included.
It is estimated that as much as $200,000 will be required to design
and construct the Project, with $135,000 budgeted. It is
recommended that the firm of Claunch & Miller be retained to design
the Project. The actual funding needed will be determined when
bids are received and tabulated. At that time, staff will present
to the eity Council the proposed budget, based on bids received.
Additional funds are available in the 1996 utility capital
Improvement Fund, with $75,000 available in contingency.
~ e e
~ CLA UN CH & MILLER, INC.
Engineering Consultants
ATTACHMENT"A"
October 18, 1996
(Revised November 13, 1996)
Mr. Steve Gillette
Director of Public Works
P.O. Box 1115
La Porte, TX 77572-1115
RE: Engineering Services for Waterline Improvements
on Old Orchard, Spencer Hwy & 16th, and 16th and F101 Ditch
Dear Mr. Gillette:
Claunch & Miller, Inc. (CMI) is pleased to submit this proposal for providing engineering services
on the above referenced project.
DESCRIPTION OF PROJECT
The project consists of waterline improvements in three (3) separate locations.
Old Orchard - This improvement includes the replacement of an existing 8" waterline with
a new 8" waterline along Old Orchard Street from Farrington Blvd. To Valley Brook Drive
(approximately 2,300 L.F.). This project also includes the replacement of all of the existing
sidewalk on the north side of Old Orchard for this segment.
S!lencer Highwav & 16th - This improvement involves the replacement of an existing 8"
waterline crossing of Spencer Highway at 16th Street.
16th & F101 Ditch - This improvement involves the replacement of an existing 8" waterline
crossing Harris County Flood Control District F101-00-00 at 16th Street. This involves
replacing the line across the planned cross section of the F 1 0 1 ditch.
The preliminary estimated construction cost for the improvements is $161,300.
SCOPE
The scope of engineering services is as follows:
3701 Kirby Drive, Suite 860. Houston, Texas 77098. (713) 524-7113
e e
Survey Services
. Provide survey services on each of the project sites suitable for design.
. Vertical elevation information on "Old Orchard", and "16th and Spencer Highway"
will be based on an assumed datum. The vertical elevation information at "16th and
F101" will be based on Harris County Flood Control datum.
Geotechnical Service
. Provide a geotechnical report presenting an investigation of the soils in the Old
Orchard portion of the project. Geotechnical work will not be obtained at the other
two (2) locations.
. The geotechnical report will provide usual and customary information on the existing
soil. It will include bedding and backfill recommendations and trench safety
information. The report will be based upon information obtained from three (3)
borings approximately seven (7) feet deep along old Orchard.
PRELIMINARY ENGINEERING PHASE
. Research existing utilities in the project area.
. Determine a recommended alignment for the new waterline
. Determine construction method and/or scheduling to minimize disruption of water service
to the community.
. Prepare estimated construction costs for the project.
. Develop a project schedule.
. Prepare a letter report presenting the findings, estimated costs, and schedules for the work.
DESIGN ENGINEERING PHASE
. Prepare detailed plan and profile drawings of the final design as presented in the preliminary
engineering report. These plans will be at a scale of 1 " = 20' horizontal and 1" = 2' vertical.
. Prepare contract specifications suitable for bidding.
. Prepare an update of the construction cost based on the final design.
. Furnish five (5) sets of construction documents to the City of La Porte.
Page 2 of 6
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~ONSTRUCTION ADMINISTRATION PHASE
. Assist the City in obtaining bids for the Project.
. Dispense construction documents from CMI's office to potential bidders.
. During the bidding process, provide information to and answer questions from potential
bidders concerning the Project's construction documents.
. Evaluate the bids and the qualifications of the apparent low bidder and advise the City as to
the acceptability of the apparent low bidder.
. Act as the City's Project representative during the construction phase.
. Review and respond accordingly to all submittals as required by the contract specifications.
. Consult and advise the City; issue all instructions to the Contractor requested by the City;
and prepare and issue, as required, change orders with the City's approval.
. Review the contractor's pay estimates, evaluate the completion of work and make payment
recommendations to the City.
. Visit the site at intervals appropriate to the various stages of construction to observe the
progress and quality of executed work and to determine in general if such work is proceeding
in accordance with the Contract Documents. Such site visits are intended to be periodic in
nature and are not intended to be full time site representation.
. Claunch & Miller, Inc. (CMI) will not be responsible for the means, methods, techniques,
sequences or procedures of construction selected by the Contractor(s) or the safety
precautions and programs incident to the work of the Contractor(s). CMI's effort will be
directed toward providing a greater degree of confidence for the City of La Porte that the
completed work ofContractor(s) will conform to the Contract Documents, but CMI will not
be responsible for the failure of Contractor(s) to perform the work in accordance with the
Contract Documents.
. Conduct a final inspection of the project upon completion of the construction. Prepare a
punch list of items to be completed by the contractor prior to final payment. Verify that the
punch list items have been addressed to the City's satisfaction prior to final payment.
. Prepare a recommendation for Final Payment.
CONSTRUCTION OBSERVATION (IF REOUESTED BY THE CITY)
Page 3 of 6
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. Provide a Project representative to observe and monitor the progress and quality of the work
by the Contractor.
. Provide daily reports on the status of the construction.
. Take color photographs of the Project's site prior to construction.
. Participate in the processing of submittals and change orders and the issuance of instructions
as required by the City.
. By providing a project representative, Claunch & Miller, Inc. (CMI) will not be responsible
for construction means, methods, techniques, sequences or procedures or for safety
precautions or programs, or for Contractor( s) failure to perform their work in accordance
with the Contract Documents.
ADDITIONAL SERVICES
. "Additional Services" shall only be performed when directed by the City to CM!. These
services are not considered normal or customary engineering services.
. Services resulting from significant changes in the extent of the Project or its design including
but not limited to changes in size, complexity, the City's schedule, or character of
construction or method of financing; and revising previously accepted studies, reports design
documents or Contract Documents when such revisions are due to causes beyond CMI's
control.
. Preparing documents for alternate bids requested by the City or documents for out of
sequence work.
. Preparing to serve or serving as a consultant or witness for the City in any litigation, public
hearing or other legal or administrative proceeding involving the Project.
. Additional or extended services during construction made necessary by (1) work damaged
by fire or other cause during construction, (2) a significant amount of defective or neglected
work of Contractor( s), (3) prolongation of the construction contract time, (4) acceleration of
the progress schedule involving services beyond normal working hours and (5) default of
contractor
CMI will endeavor to apprise the City of any potential additional or extended services which
may result from the above listed 5 items, prior to CMI's expenditure oftime on such services.
As previously noted, any such extended or additional services shall only be performed when
directed by the City to CM!.
. Additional services not otherwise provided for in the scope of services.
FEE
Page 4 of 6
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Survey Services
Claunch & Miller, Inc.'s fee for the field survey services is the lump sum amount of:
$4,200.00
Geotechnical Services
Claunch & Miller, Inc.'s fee for the geotechnical services is the lump sum amount of:
$975.00
Preliminarv En,gineering Phase
Claunch & Miller, Inc.'s fee for the preliminary engineering phase is the lump sum amount of:
$5,100.00
Final Desil!n Phase
-
Claunch and Miller, Inc. will perform the Final Design Phase for the Lump Sum amount of:
$11,100.00
Construction Administration Phase
Claunch and Miller, Inc. will perform the Construction Administration Phase for the Lump Sum
amount of:
$4,100.00
Construction Observation
Claunch & Miller, Inc.'s fee for a site representative to provide the construction observation services
shall be at an hourly rate of $38.00 per hour plus $.30 per mile for mileage and project costs plus
10%. Mileage to the project site at the beginning of the work day and from the project site at the end
of the work day will not be charged. Supervisory charges for the site representative will be billed
at direct labor cost times a factor of 2.99. CMI will not proceed with construction observation
services until a budget has been established for such services and authorization has been received
from the City of La Porte.
Additional Services
Additional services beyond those described in the Basic Services will be invoiced on the basis of
direct labor cost times a factor of2.9 and direct cost plus 10%.
Page 5 of 6
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FEE SCHEDULE
Claunch & Miller, Inc. will submit monthly progress invoices for all engineering work completed
to invoice date. The invoices would be based on a percentage of completion of each phase applied
to the lump sum fee.
Claunch & Miller, Inc. appreciates the opportunity to submit this proposal and to continue working
for the City of La Porte.
Sincerely,
~i;;:R€~
Christopher E. Claunch, P .E.
President
CEC/kjh
Page 6 of 6
- -- .-... .~.. .- . --- -.. --.------.--. . --.----..----.--- --" ----.-----.-------..--.--...
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City of La Porte
Utility Capital Improvement Fund (003) Summary
Working Capital 9/30/95 658,956
Plus Estimated 95-96 Revenues 508,000
Less Estimated 95-96 Expenses & Commitments 642,500
Equals Estimated Working Capital 9/30/96 524,456
Plus 96-97 Revenues:
Transfer from Utility Fund 400,000
Water Front Foot Fees 20,000
Sewer Front Fees 20,000
Interest Income 40,000
Total Revenues 480,000
Equals Total Resources 1,004,456
Less 96-97 Expenses:
II Project Costs 576,000
".! Contingency 75,000
II Total Expenses 651,000
'1
j
~ Equals Estimated Working Capital 9/30/97 353,456
The Utility Capital Improvement Fund is used to fund projects that benefit the City water and
wastewater system. Projects expected to be accomplished during the fiscal year are listed on
the following pages.
7-7
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.-.'.'--_.'.--,--'-,.
(. (e
RESOLUTION NO. 96-08
A RESOLUTION OF J..nJ!, LJ.J. 1 COUNCIL OF J..nJ!, CITY OF LA PORTE
SUPPORTING RETAINING J..nJ!, BA.l u.ESHIPJ.J!.AAS AT nJ!.A PRFSENT BERTH AT
J..nJ!, SAN JACINTO BA.l.lLEGROUND PARK AND OPPOSING RECONFIGURATION
OF J..nJ!, SAN JACINTO BA.l.lLEGROUND PARK.
BE IT RESOL'\t JW BY J..nJ!, CITY COUNCIL OF J.~ CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte recognizes the Battleship Texas and the
San Jacinto Battleground Park as unique and outstanding historical structures which are proud
symbols of hard fought battles for independence.
Section 2. The City Council of the City of La Porte urges the reconsideration of any
}'J.'u1}'osal sponsored by the Texas Parks and Wildlife Department or the San Jacinto Museum of
History Master Planning Committee which would reduce public access existing or future park
and the Council strongly opposes any proposed move of the Battleship Texas from her present
Berth.
Section 3. The City Council of the City of La Porte recognizes the San Jacinto Battleground
State Historical Park and the Battleship Texas as essential attractions which draw visitors to the
surrounding communities and, therefore, are a vital economic asset to all surrounding
communities.
$ection 4. The City Council of the City of La Porte recognizes that many and varied
educational benefits derive to children in this area from viewing both objects which were
important in the developing history of this state and nation as well as the written documents
which are irreplaceable and y......,lide invaluable benefits for schoolchildren. We strongly urge
that their utilization be expanded and made more available to the public rather than kept out of
sight where no learning benefits will accrue.
Section 5. 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
proceeding 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 fuuually acted upon. The City Council further ramifies, approves and confmns such written
notice and the contents and posting hereof.
Section 6. This Resolution shall be effective from and after its passage and approval.
PASSED AND Ml"KOVED THIS 16th day of December, 1996.
City of La Porte
By:L~7/~k~
~an L.~Maione~Mayor
(e (_
Resolution 96-08 Page 2
All~T:
~A- rX th!av. !l4d tdt~ry r
Sue Lenes, City Secre#y /
Apl'J.u' v-ed:
/
/~dt)/~
Knox Askins, City Attorney
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- e
REOUEST FOR CITY COUNCIL AG~...~...,A ITEM
Agenda Date Requested: December 16. 1996
Requested By: Bobbv L. Powell J../ Department: Police
V
Report XX Resolution Ordinance
EXHIBITS:
Resolution
SUMMARY , RECOMMENDATION
We are requesting to file a joint grant application with the
Criminal Justice Division of the State of Texas, for funding in the
amount of $ 2,923,606 for the Harris County Organized Crime and
Narcotics Task Force.
The Council agreed to contribute the total of $27,659 in matching
funds for the Budget year of 1997-98 if said joint application is
approved.
I believe it to be in our best interests to join in the application
to develop a mUlti-agency, mUlti-county drug enforcement task
force.
We agree to accept the responsibility to adhere to all pertinent
federal, state, and local laws and regulations.
ACTION REQUIRED BY COUNCIL:
The city file joint application for a grant with the Criminal
Justice Division, which creates the Harris County Organized Crime
and Narcotics Task Force.
Availability of Funds:
X General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
other (None required)
Account Number: 001 5256 521 1001 Funds Available: --X YES - NO
Annroved for citv Council Aaenda
G<~ -- ~ l'2-...l(...CU...
\ ,
Robert T. Herrera DATE
City Manager
(e (_
RESOLUTION
96 - 09
A RESOLUTION BY ..A.Ci CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, AUTHORIZING
AN AGREEMENT TO CONTINUE PARTICIPATION WITH ..,AJ5 CITY OF BAYTOWN IN A JOINT
GRANT WITH 4,AJ5 CRIKlNAL JUSTICE DIVISION OF 4,AJ5 STATE OF TEXAS FOR FUNDING
THE BARRIS COUNTY ORGANIZED CRIKE AND NARCOTIC TASK FORCE.
iU1.CiAEAS , ..,A~ CITY OF LA PORTE and the City of Bay town wish to file a joint
grant application with the Criminal Justice Division of the state of Texas,
for funding in the amount of $ 2,923,606 for the Harris County Organized
Crime and Narcotics Task Force; and
WHEREAS, the city of La Porte has agreed to contribute the total of $27,659
in matching funds for the Budget year of 1997-98 if said joint application is
approved; and
WHEREAS, the source of funds would not normally be used for this purpose; and
~A.CiAEAS, the City of La Porte believes it to be in its best interest to join
in the application to continue a mUlti-agency, and mUlti-county drug
enforcement task force; and
WHEREAS, the City of La Porte agrees to accept the responsibility to adhere
to all pertinent federal, state, and local laws and regulations.
NOW, THEREFORE BE IT RESOLVED, by the Council of the City of La Porte, Texas,
that the City file a joint application with the City of Bay town for a grant
with the Criminal Justice Division, which creates the Harris County organized
Crime and Narcotics Task Force, which we have participated in since 1989.
PASSED AND APPROVED, this 16th day of December ,1996.
countY,~z:~ Harris , Texas
)' /i1t/~i'1.~4~~
, lNorman Malone~ Mayor
city of La Porte
~;121rduvd&1:. ~
Sue Lenes, city (fecretaf:y ~ ~
I, Sue Lenes, city Secretary for the eity of La Porte, do hereby certify this
to be a true and exact copy of the city of La Porte Resolution No. 96- 09
adopted by La Porte City Council, December 16, 1996.
e e
REO.T FOR CI1Y COUNCIL..AGENDA a1\1
Agenda Date Requested: Decemher 16. 1996
Requested By: Rohert T. Herrera Department: Administration
Report XX Resolution Ordinance
Exhibits:
1. Resolution No.
2. Section 43.076 of the Local Government Code
3. Section 43.077 of the Local Government Code
4. Section 43.078 of the Local Government Code
.sUMMARY & RECOMMENDATION
The City Manager's office was contacted by Ms. Marta Greytok, on behalf of the Clear Lake Water
Authority, requesting that the City of La Porte support a resolution to repeal Sections 43.077 and
43.078 of the Local Government Code. These sections impact the dissolution of the Clear Lake
Water Authority without benefit of agreement by the municipalities within the Authority's service
area,
The City of La Porte, as one of several municipalities within the Clear Lake Water Authority's service
area, agrees that the proposed resolution (attached) merits submission for the upcoming
75th Legislature's consideration. Repeal of Sections 43.077 and 43.078 of the Local Government
Code and their removal from the code document would protect the City of La Porte's water
distribution interests.
Action Required by Council:
Approve Resolution No. for submission to the 75th Legislature.
Availability of Funds:
- General Fund - W aterlW astewater
_ Capital Improvement_ General Revenue Sharing
- Other
Account Number: Funds Available: - YES - NO
Annroved for City Council A~enda
Q\~ \ 1. .rt "'1l-
Robert T. Herrera Date
City Manager
-- --
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(
RESOLUTION NO. 96-10
A RESOLUTION BY THE CITY COUNClL OF THE CITY OF LA PORTE, TEXAS, TO BE
SUBlvlUTlill TO THE 75TIILEGISLATURE TO SUPPORT AR.h.t:'hAL OF SECTIONS 43.077
AND 43.078 OF THE LOCAL GOVERNMENT CODE, wmCH IMP ACT THE DISSOLUTION
OF THE ('TP AR LAKE W AlbK AUTHORITY WITIIOUT BENEm OF AGREEMENT BY
MUNICIPALUlliS WITIllN THE AUTHORITY'S SERVICE AREA
WHEREAS, the Clear Lake City Water Authority (the "Authority") was created by the
Legislature of the State of Texas in 1963 as a conservation and reclamation district pursuant to
Article XVI, Section 59 of the Texas Constitution;
'" ..I:I.EREAS, since its creation the Authority has provided and delivered statutorily authorized
services to areas within its boundaries which exceed 15,000 acres and include parts offive different
municipalities or extraterritorial jurisdiction of such municipalities;
WHEREAS, the City of La Porte (the "City") is one of the five municipalities with lands
within the jurisdiction and the boundaries of the Authority;
'" ..I:I.EREAS, the City, its citizens, taxpayers and other constituents have enjoyed the benefits
and potential benefits of services by the Authority since its creation, and the City desires to continue,
for the benefit of its citizens, taxpayers and other constituents its relationship with the Authority;
WHEREAS, Sections 43.077 and 43.078 of the Local Government Code as currently
constituted, provide mechanisms by which the dissolution of the Authority would or could be
mandated under certain circumstances;
WHEREAS, Section 43.076 of the Local Government Code provides for a viable, orderly
and methodical dissolution of the Authority, should such dissolution be deemed appropriate;
-
Ie .e
(
WHEREAS, Section 43.076 of the Local Government Code provides, among other matters,
that there be agreement among the affected municipalities before any dissolution of the Authority;
WHEREAS, the City desires that any dissolution of the Authority be effected only by the
agreement of all affected municipalities as opposed to any mechanism by which the Authority could be
dissolved without input being given by all of the five affected municipalities;
NOW, .111EREFORE IT BE RESOLVED that the City unanimously supports the repeal
of Sections 43.077 and 43.078 of the Local Government Code and the removal from the Local
Government Code in their entirety of such sections.
APPROVED AND ADOPTED this J& day of December, 1996.
CITY OF LA PORTE
ATTEST:
/:k#~//;f~
~ ". . l C
~;I Mayor
~
(CITY SEAL)
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LOCAL GOVT Sec. 43.076, Abolition of Water-Related Special District That Becomes Part of More Than Page 1
One Municipality
V.T.C.A., Local Government Code Sec, 43.076 municipality must be based on the ratio that the value
of the property and other assets distributed to that
VERNON'S TEXAS STATUTES AND CODES municipality bears to the total value of all the property
ANNOTATED and other assets of the district. The determination of
LOCAL GOVERNMENT CODE value may be made on an original cost basis, a
TITLE 2. ORGANIZATION OF MUNICIPAL reproduction cost basis, a fair market value basis, or
GOVERNMENT by any other valuation method agreed on by the
SUBTITLE C. MUNICIPAL BOUNDARIES AND parties that reasonably reflects the value of the
ANNEXATION property and other assets, debts, liabilities, and
CHAPTER 43. MUNICIPAL ANNEXATION obligations of the district. The agreement must
SUBCHAPTER D. ANNEXATION PROVISIONS specify the date on which the district is abolished.
RELATING TO SPECIAL DISTRICTS *60807 (d) If the district is located wholly in two or
more municipalities and in unincorporated area, the
Current through end of 1995 Reg. Sess. district may be abolished by agreement among the
district and all of the municipalities in which parts of
Sec. 43.076. Abolition of Water-Related Special the district are located, The abolition agreement must
District That Becomes Part of More Than One provide for the distribution of assets and liabilities as
Municipality provided by Subsection (c). The agreement must also
provide for the distribution among one or more of the
(a) This section applies to a municipality that municipalities of the pro rata assets and liabilities
contains, as a result of the annexation by or the located in the unincorporated area and must provide
incorporation of the municipality, any part of the area for service to customers in unincorporated areas in the
in a water control and improvement district, fresh service area of the abolished district. The
water supply district, or municipal utility district municipality that provides the servICe in the
organized for the primary purpose of providing unincorporated area may charge its usual and
municipal functions such as the supplying of fresh customary fees and assessments to the customers in
water for domestic or commercial uses or the that area,
furnishing of sanitary sewer service, if:
(e) An agreement made under Subsection (c) or (d)
(I) the balance of the area in the district is must be approved by an ordinance adopted by the
located in one or more other municipalities; or governing body of each municipality and by an order
(2) the district is not created by a special act of or resolution adopted by the governing board of the
the legislature and the balance of the area is located district before the date specified in the agreement for
in one or more other municipalities and in an the abolition, distribution, and assumption.
unincorporated area.
(b) The municipality succeeds to the powers, (f) If the abolished district has outstanding bonds,
duties, assets, and obligations of the district as warrants, or other obligations payable in whole or in
provided by tillS section. TillS section does not part from the net revenue from the operation of the
prohibit the municipality from continuing to operate district utility system or property , the affected
utility facilities in the district that are owned and municipalities shall take over and operate the system
operated by the municipality on the date the part of or property through a board of trustees as provided by
the district area becomes a part of the municipality. this section, The municipalities shall apply the net
revenue from the operation of the system or property
-* (0) If the di,trio' ~ ,,,,.led wholly in two 0' more to the payment of outstanding revenue bonds,
municipalities, the district lIlay be abolished by warrants, or other obligations as if the district had not
agreement among the district and the municipalities in been abolished. The system or property shall be
which the district is located. Subject to Subsection operated in that manner until all the revenue bonds,
(f), the agreement must provide for the distribution warrants, or obligations are retired in full by payment
among the municipalities of the property and other or by the refunding of the bonds, warrants, or other
assets of the district and for the pro rata assumption obligations into municipal obligations. The board of
by the municipalities of all the debts, liabilities, and trustees must be composed of not more than five
obligations of the district. The assumption by each members appointed by the governing bodies of the
Copyright (9 West Publishing Co. 1995 No claim to original U.S. Govt. works.
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Page 2
LOCAL GOVT Sec. 43,076, Abolition of Water-Related Special District That Becomes Part of More Than
One Municipality
municipalities. The trustees are appointed for the that are assumed by the municipality and that are
tenns and shall perform the duties as provided by the payable solely from net revenues. The municipality
agreement made under Subsection (c) or (d), The may combine the different issues or the bonds of
board also shall perform the duties and other functions different issues of both district and municipal revenue
that are imposed by law or by contract on the bonds, warrants, or other obligations into one or more
abolished district and its governing board and that series of revenue refunding bonds. The municipality
relate to the outstanding revenue bonds. The board may pledge the net revenues of the district utility
shall charge and collect sufficient rates for the system or property to the payment of those bonds,
services of the system or property and shall apply the warrants, or other obligations. The municipality may
revenue to comply with each covenant or agreement also combine the different issues or the bonds of the
contained in the proceedings relating to the revenue different issues into one or more series of general
bonds, warrants, or other obligations with respect to obligation refunding bonds. An original1y issued
the payment of principal and interest and the municipal revenue bond may not be refunded into
maintenance of reserves and other funds. When all municipal general obligation refunding bonds. Except
the revenue bonds, warrants, and other obligations are as otherwise provided by this section, Articles
retired in full, the property and other assets of the 1111-1118, Vernon's Texas Civil Statutes, apply to
district shall be distributed among the municipalities the revenue refunding bonds, but an election for the
as provided by Subsection (c) or (d). On the issuance of the bonds is not required. In the issuance
distribution, the board is abolished. of revenue refunding bonds, the municipality has the
benefits of and may exercise the authority granted
(g) When the pro rata share of any district bonds, under Chapter 541, Acts of the 51st Legislature,
warrants, or other obligations payable in whole or in Regular Session, 1949 (Article 1 118n-5, Venwn's
part from property taxes has been assumed by the Texas Civil Statutes). The provisions of that Act
municipality, the governing body of the municipality relating to outstanding revenue bonds apply to
shall levy and collect taxes on all taxable property in outstanding revenue bonds assumed by municipalities
the municipality to pay the principal of and interest on under this section. General obligation refunding
its share as the principal and interest become due and bonds must be issued in the manner provided by the
payable. Bond and Warrant Law of 1931 (Article 236&,
*60808 (h) The municipality may issue general Vernon's Texas Civil Statutes), except that a notice of
obligation refunding bonds in its own name to refund the intention to issue the bonds is not required and a
in whole or in part its pro rata share of any right of referendum does not exist. The revenue
outstanding district bonds, warrants, or other refunding bonds and the general obligation refunding
obligations, including unpaid earned interest on them, bonds must bear interest at the same rate or at a lower
that are assumed by the municipality and that are rate than that borne by the refunded obligations unless
payable in whole or in part from property taxes. The it is shown mathematically that a different rate results
refunding bonds must be issued in the manner in a savings in the total amount of interest to be paid.
provided by the Bond and Warrant Law of 1931 (
Article 236&, Venwn's Texas Civil Statutes), except CREDIT(S)
that a notice of the intention to issue the refunding
bonds is not required and a right of referendum does 1988 Main Volume
not exist. Refunding bonds must bear interest at the
same rate or at a lower rate than that borne by the Acts 1987, 70th Leg" ch. 149, Sec. I, eff. Sept. 1,
refunded obligations unless it is shown mathematically 1987,
that a different rate results in a savings in the total
amount of interest to be paid. HISTORICAL NOTES
(i) The municipality may issue revenue refunding HISTORICAL AND STATUTORY NOTES
bonds or general obligation refunding bonds in its own
name to refund in whole or in part its pro rata share 1988 Main Volume
of any outstanding district bonds, warrants, or other *60809 Prior Laws:
obligations, including unpaid earned interest on them, Acts 1959, 56th Leg., p. 515, ch, 228,
Copyright (Q West Publishing Co. 1995 No claim to original U.S. Govt. works.
,
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Page 3
LOCAL GOVT Sec. 43.076, Abolition of Water-Related Special District That Becomes Part of More Than
One Municipality
Acts 1971,6200 Leg., p. 2989, ch, 986, Sec. 3. ], Annexation
Acts 1979, 66th Leg., p. 126, ch. 75, Secs. 1,2.
Venwn's Ann.Civ.St. art. 1182c-5, Sees. ], 2, 3 to Annexation by the city of Corpus Christi of the
6. unannexed portion of Nueces Water Control and
Improvement District No, 4 would not make
REFERENCES applicable the automatic abolition features of
Loc.Gov.Code Sec. 43.077; abolition of the district
LIBRARY REFERENCES would be controlled by Loc.Gov.Code Sec. 43.076.
Op,Atty.Gen, 1987, No. JM-622.
1988 Main Volume
3. Water-related special districts
Waters and Water Courses k183 1/2. The amendment the Municipal
C.J.S. Waters Sec. 243. recent to Annexation Act--section 8 of Acts 1987, ch. 1077,
ANNOTATIONS amending section 8 of former article 970a, V.T.C.S,
(see, now, Loc.Gov.Code Secs, 42.041 and 42.042)--
NOTES OF DECISIONS does not impose the burden of double taxation on
residents of a political subdivision annexed by a city
pursuant to its provisions; however, this provision
Annexation ] does not govern annexation of the kinds of special
Water-related special districts 3 districts described in section 43.075 of the Local
Government Code. Op.Atty.Gen,1988, No. JM-930.
Copyright <D West Publishing Co. 1995 No claim to original U.S. Govt. works,
e \\~
LOCAL GOVT Sec. 43.077, Abolition of Certain Conservation and Reclamation Districts That Become Part Page 1
of More Than One Municipality
V.T.C.A., Local Government Code G3.070 during construction, organizational expenses,
C . engineering fees, legal fees, fiscal fees, and other fees
VERNON'S TEXAS STATUTES AND CODES and expenses may not be considered in determining
ANNOTATED the actual cost of the acquisition or construction of a
LOCAL GOVERNMENT CODE physical asset.
11lLE 2. ORGANIZATION OF MUNICIPAL *60811 (c) Each municipality shall perform the duties
GOVERNMENT and other functions imposed by law or contract on the
SUBTITLE C. MUNICIPAL BOUNDARIES AND abolished district and its governing body in regard to
ANNEXATION any outstanding district bonds, warrants, or other
CHAPTER 43. MUNICIPAL ANNEXATION obligations payable in whole or in part from the
SUBCHAPTER D. ANNEXATION PROVISIONS revenues from the operation of the district's assets,
RELATING TO SPECIAL DISTRICTS including property and facilities. Each municipality
may allocate maintenance and operating expenses
Current through end of 1995 Reg. Sess. between two or more similar assets owned and
operated by the municipality in direct proportion to
Sec. 43.077. Abolition of Certain Conservation and the gross income of each.
Reclamation Districts That Become Part of More
Than One Municipality (d) The physical assets, including property and
facilities, that serve areas in more than one
(a) Except as provided by Section 43,078, a municipality shall continue to serve those areas. The
conservation and reclamation district, including a municipality in which those assets are located shall
municipal utility district, that is located wholly in operate and maintain them and may assess reasonable
more than one municipality,. but that on April I, 197 I , maintenance and operation charges to the other
was not so located, is abolished on the 91st day afte~ municipalities served by the assets.
the date all of the district IS included in the
municipalities if the district: (e) Subsections (g)-(i) of Section 43.076 apply to a
municipality covered by this section to the same extent
(1) was created or exists under Article XVI, to which they apply to a municipality covered by that
Section 59, of the Texas Constitution; section.
(2) provides or has provided a fresh water
supply, sanitary sewer servICes, and drainage CREDIT(S)
services; and
(3) was not, on April I, 1971, a party to a 1988 Main Volume
contract providing for a federal grant for research
and development under 33 U.S.C.A. Sections Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. I,
1155(a)(2) and 1155 (d) , 1987.
(b) The district's physical assets, including
y&vy",rty and facilities, belong on the date of 1996 Pocket Part
distribution to the municipality in which the assets are
located on the date of distribution. The municipalities Amended by Acts 1989, 71st Leg., ch. 1, Sec. 5(a),
assume the intangible assets, bonded indebtedness, eff. Aug. 28, 1989; Acts 1989, 71st Leg" ch. 303,
liabilities, obligations, and other debts of the district. Sec. 1, eff. Sept. I, 1989.
The amount of those items assumed by each
municipality is detenllined by multiplying the total HISTORICAL NOTES
amount of the items by a fraction. The numerator of
the fraction is the actual cost of the acquisition or REVISOR'S NOTE
construction of the physical assets, including property
and facilities, distributed to the municipality, and the 1988 Main Volume
denominator of the fraction is the total actual cost of
the acquisition or construction of all the physical (1) The source law states that its
assets, including property and facilities, of the district. provisions apply "[n]otwithstanding any other
Operating expenses during construction, interest provision of the law or this Act." The revised
Copyright (Q West Publishing Co. 1995 No claim to original U.S. Govt. works.
e e
Page 2
LOCAL GOVT Sec. 43.077, Abolition of Certain Conservation and Reclamation Districts That Become Part
of More Than One Municipality
law omits the quoted language as unnecessary
because, under established mIes of statutory 1988 Main Volume
constmction, the source law automatically has
the effect of repealing all laws in conflict with Prior Laws:
the source law when constmed with prior Acts 1971, 62nd Leg., p. 1076, ch, 228, Sec, l.
enactments and is ineffective in that regard Venwn's Ann.Civ.St. art. 1182c-5, Sec. 2A(l).
when constmed with subsequent legislation.
(2) The revised law includes the reference REFERENCES
to Section 43.078 to clarify that an exception
to this section is created by that section, CROSS REFERENCES
(3) The source law for this section is part
of V.A.C.S. Article 1182c-5. Other provisions 1988 Main Volume
of Article 1182c-5 that apply to a municipality
covered by this section are revised by Section Conservation and reclamation district, see Vernon's
43.076 because those provisions also apply to Ann.Const. Art. 16, Sec. 59.
a municipality covered by that section. Rather
than duplicate those provisions in this section, LIBRARY REFERENCES
the revised law contains a cross-reference to
the appropriate parts of Section 43.076. 1988 Main Volume
HISTORICAL AND STATUTORY NOTES Health and Environment k3.
C,J.S. Health and Envil'Onment Secs, 9, 10.
1996 Pocket Part ANNOTATIONS
1989 Legislation NOTES OF DECISIONS
Acts 1989, 71st Leg., ch. 1, Sec. 5(a), to conform Water, sewer, and drainage services 1
to Acts 1987, 70th Leg., ch. 531, Sec. 1 , in subsec.
(a) inserted "including a municipal utility district" and 1. Water, sewer, and drainage services
in subd. (2) of subsec. (a) substituted "or drainage"
for "and drainage". Acts 1987, 70th Leg., ch. 531 Annexation by the city of Corpus Christi of the
amended Venwn's Ann,Civ.St. art, 1182c-5, Sec. unannexed portion of Nueces Water Control and
2A(1) and was repealed by Acts 1989, 71st Leg" ch, Improvement District No. 4 would not make
1, Sec. 5(b) eff. Aug. 28, 1989. applicable the automatic abolition features of
*60812 Acts 1989, 71st Leg., ch. 303, Sec. 1, in Loc.Gov.Code Sec. 43.077; abolition of the district
subd. (2) of subsec. (a), substituted "and" for "or" would be controlled by Loc.Gov.Code Sec, 43.076,
preceding "drainage". Op.Atty,Gen.1987, No. JM-622.
Copyright CCl West Publishing Co. 1995 No claim to original U.S. Govt. works.
e e
LOCAL GOVT Sec. 43.078, Alternate Method of Abolition of Conservation and Reclamation District That Page 1
Becomes Part of More Than One Municipality
V.T.C.A., Local Government Code Sec. 43.078 exceed 50 years regardless of any conflicting
municipal charter provision.
VERNON'S TEXAS STATUTES AND CODES
ANNOTATED (d) Subsections (g)-(i) of Section 43.076 apply to
LOCAL GOVERNMENT CODE the municipalities covered by this section to the same
TITLE 2. ORGANIZATION OF MUNICIPAL extent to which they apply to a municipality covered
GOVERNMENT by that section,
SUBTITLE C. MUNICIPAL BOUNDARIES AND
ANNEXATION CREDIT(S)
CHAPTER 43. MUNICIPAL ANNEXATION
SUBCHAPTER D. ANNEXATION PROVISIONS 1988 Main Volume
RELATING TO SPECIAL DISTRICTS
Acts 1987, 70th Leg., ch. 149, Sec, I, eff, Sept. 1,
Current through end of 1995 Reg. Sess, 1987.
Sec. 43.078. Alternate Method of Abolition of HISTORICAL NOTES
Conservation and Reclamation District That
Becomes Part of More Than One Municipality REVISOR'S NOTE
(a) A conservation and reclamation district 1988 Main Volume
described by Section 43.077(a) may, instead of being *60814 (1) The source law states that its
abolished under that section, be abolished by an provisions apply "[n]otwithstanding any
agreement among all the municipalities in which the contrary provision of the law or this Act. "
district is located. Approval of the agreement by the The revised law omits this provision for
district is not required. The agreement may specify a the reason stated by Revisor's Note (1) to
date for the abolition of the district that is within 90 Section 43.077.
days after the date all of the district is included in the (2) The revised law contains the reference
municipalities. to Section 43.076 for the reason stated by
Revisor's Note (3) to Section 43.077.
(b) The agreement may provide a method by which
the municipalities: HISTORICAL AND STATUTORY NOTES
(1) take over the district's assets, including 1988 Main Volume
property and facilities; and
(2) assume the district's bonded indebtedness, Prior Laws:
liabilities, obligations, and other debts, Acts 1971, 62nd Leg., p. 1076, ch. 228, Sec. 1.
(c) The agreement may describe the physical Vernon's Ann.Civ.St, art. 1182c-5, Sec. 2A(2).
assets, including property and facilities, of the district
that serve areas in more than one municipality and REFERENCES
may provide a method by which the assets shall be
operated and maintained. The agreement may contain LIBRARY REFERENCES
other provisions that are necessary or proper to the
abolition of the district, the distribution of the assets, 1988 Main Volume
and the assumption of the bonded indebtedness,
liabilities, obligations, and other debts, The Health and Environment k3,
agreement may bind the parties for a period not to C.J.S. Health and Environment Secs. 9, to.
Copyright @ West Publishing Co. 1995 No claim to original U.S. Govt. works.
-
e e
I
e e
REOUEST FOR CITY COUNCIL AGENDA U~ltt:
Agenda Date Requested: December 16. 1996
Requested By: Kathv Hutton Department: Finance
X Report Resolution Ordinance
Exhibits: None
SUMMARY & RECOMMENDATION
The City's fiscal year ended September 30, 1996. At that time, there were 50 outstanding purchase orders. The
purchase orders . "'I'....sent goods that were ordered and budgeted funds that were cu."...itted to procure items necessary
to ul'",.",te the City. We need to re-establish these items for the new fiscal year. This action will have no effect on
the working capital of the various funds.
A breakdown of the "open" purchase orders by operating fund are as follows:
Fund Number Amount
General Fund 39 $ 65,100
Utility Fund 5 1,667
Sylvan Beach Fund 1 45
ALt'u.t Fund 1 1,967
Golf Course Fund -4 4.133
Total 50 $ 72,912
The above amendments will not have an impact on the projected working capital balances for the year because they
were all projected to be expended in the last fiscal year.
Action Required by Council:
Instruct the Director of Finance to amend the various ut''''...ting budgets for outstanding purchase orders.
Availability of Funds:
General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
VARIOUS Other
Account Number: VARIOUS Funds Available: ..x.. YES _ NO
Aooroved for Citv Council A~enda
~\~ no'" l- '1(,
Robert T. Herrera Date
City Manager
e e
REOUlIJ FOR CITY COUNCIL AGENDA 4IfM
- - - -
- - -
Agenda Date Requested: December 16. 1996
Requested By: steve Gille~~epartment: Public Works
XXX Report Resolution Ordinance
Exhibits: Bid Recap Sealed Bids #0692 - Plastic Garbage Bags
=
- - - - - -
SUMMARY & RECOMMENDATION
Advertised, sealed bids #0692 for plastic garbage bags were opened and read
on December 2, 1996. Bid requests were mailed to seven (7) vendors with
four (4) returning bids and one (1) No Bid.
Low bid meeting specifications was submitted by Arrow Industries at a price
of thirty-eight and one-half cents ($0.385) per pound. with a purchase of
135,000 pounds for the February bag handout, the total cost of the contract
would be fifty-one thousand, nine hundred, and seventy-five dollars
($51,975.00) . This price represents a 7 % increase over the last garbage
bags bid.
H-GAC has a contract price of $0.439 per pound currently. The cost of
purchasing the bags through H-GAe, including Administrative Fee of $592.65,
would be $59,857.65.
Staff recommends award of the bid for the purchase of plastic garbage bags
to Arrow Industries, low bidder meeting specifications, at a price of
$0.385 per pound. Funds for this purchase are budgeted in the Solid Waste
Division FY 96-97 Operating Budget.
Action Required by Council: Award bid for the purchase of plastic garbage
bags to Arrow Industries, low bidder meeting specifications as recommended
by Staff.
= c
Availability of Funds: . . - - - - -
XXX General Fund Water/Wastewater
eapital Improvement General Revenue Sharing
Other
Account Number: 001-7072-532-2015 Funds Available: XX YES NO
::; c
- - -
Aooroved for citv eouncil Aaenda
~1~ l ,,- I '1.. - '1. (..
Robert T. Herrera DATE
City Manager
.::
~
e e
CITY OF LA PORTE
INTEROFFICE MEMORANDUM
DECEMBER 4, 1996
TO: STEVE GILLETT, PUBLIC WORKS DIRECTOR
FROM: SUSAN KELLEYi~CHASING AGENT
SUBJ: SEALED BID #0692 - PLASTIC GARBAGE BAGS
Advertised, sealed bids #0692 - plastic garbage bags were opened
and read on December 2, 1996. Bid requests were mailed to seven
(7) vendors with four (4 ) returning bids and one (1) no bid.
Low bid meeting specifications was submitted by Arrow Industries.
The price for 135,000 lbs. of bags at $.385/lb is $51,975.00.
This is a seven percent (7% ) increase over the last purchase.
HGAC currently has a contract with Bemis Company for a price of
$.439 per pound. Including an administrative fee of $592.65, the
final cost through HGAC would be $59,857.65.
Please submit your recommendation with an agenda request form by
the prescribed time before the next regular council meeting. If
there is a need to delay bringing this bid before council, please
notify me.
Attachment: Bid Tabulation
Bidder's List
,( -4
e e
BID TABULATION - GARBAGE BAGS
-
GARBAGE BAGS $0.3850 $0,4000 $0,4145 $0,4200 NO BID
(135,000 LBS)
I >...........>1'OTALI<................$51.,Q7'5.(lgl><....................$54,OOO'OQf........<<$55,~&7,5()1.......................$~~li()().oo.I......<.......>...N(j.BIoj
BIDDER'S LIST
SEALED BID #0692 - PLASTIC GARBAGE BAGS
ARROW INDUSTRIES BEMIS eOMPANY
PO BOX 810489 PO BOX 5724
DALLAS TX 75381 TERRE HAUTE IN 47808-0905
DYNA-PAK CORPORATION FOUR SEASONS AG PRODUCTS
112 HELTON DRIVE DIV/ATLANTIS PLASTICS
LAWRENCEBURG TN 38464 RR 15 BOX 344
BRAZIL IN 47834
HUCKSTER PACKAGING & SUPPLY CO. JONES PACKAGING, INC.
POBOX 262327 505 EAST TRAVIS SUITE 205
HOUSTON TX 77207-2327 MARSHALL TX 75670
BOREN SAFETY INC
8941 KNIGHT RD
HOUSTON TX 77054
CHAMBER OF COMMERCE BAYSHORE SUN - PUBLISH DATES
PO BOX 996 NOVEMBER 17, 1996
LA PORTE TX 77572-0996 NOVEMBER 24, 1996
REOUE~FOR CITY COUNCIL AGENDA ~
- -
Agenda Date Requested: December 16. 1996
Requested By: steve Gillett~~ Department: Public Works
XXX Report Resolution Ordinance
Exhibits: Quote from B&G Chemicals & Equipment Co.
- --
SUMMARY & RECOMMENDATION
Scourge Mosquito Control Agent is used by the city in mosquito control.
This material is more efficient and is environmentally safe compared to
malathion. Due to the lesser amount needed, less Scourge must be used than
other types of materials. Most mosquito control agencies have switched to
this material due to the inherent problems of malathion.
B & G Chemical is the sole authorized distributor of Scourge for this area.
The cost of Scourge at this time is $268.29 per gallon. A total of 60
gallons is needed for the next mosquito spraying season. This would be a
cost of $16,097.40. A total of 825 gallons of Orchex oil, the distributing
agent, is needed at a cost of $3.40 per gallon for a cost of $2,805.00.
The total cost of the contract would be $18,902.40. A price increase of
10% is anticipated after January 1, 1997 on the Scourge. By purchasing the
chemical needed for next mosquito spraying season at this time, a savings
of $1,609.74 will be realized.
Staff recommends declaring Scourge a sole source item from B & G Chemical
and the purchase of 60 gallons of Scourge Mosquito Control Agent at $268.29
per gallon for a cost of $16,097.40 and 825 gallons of Orchex, the
distributing agent, at a cost of $3.40 per gallon for a cost of $2,805.00.
The total cost of the contract would be $18,902.40. Funds for this
purchase are available in the Streets Division 96/97 Operating Budget.
Action Required by Council: Declare Scourge Mosquito Control Agent a sole
source item and authorize purchase of the material as recommended by Staff.
c
Availability of Funds: - - - - - -
XXX General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other
Account Number: 001-7071-531-2007 Funds Available: XX YES NO
c
Aoor9v~g for City Council Aqenda ==
Q~~r T. \~ \ 1..~ \ 1..-'\1.
Robert T. Herrera DATE
City Manager
- -"
17136824374 B&G CO. HOUSTON TX
- 212 Pl2l1 DEC 1214 '96 1121:55
e
I
CHE~CALS "EQUIPMENT CO., INC- ,
1225 North Post Oak Road !
. Ho~ton, Texas 77055
(713) 682-4411 or ESOO) 345-938"
~ (113) 6$2-4374 .
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"
REOUE4ItFOR CITY COUNCIL AGENDA ~
- ,..
- ~"'.,.,,,._,._"',,.,.._,,--,-"..
Agenda Date Requested: December 16, 1996
Requested By: steve Gillet~Department: Public Works
XXX Report Resolution Ordinance
Exhibits: Bid Recap Sealed Bids #0693 - Fluids, Oils, & Lubricants
=
- - - -
SUMMARY & RECOMMENDATION
Advertised, sealed bids #0693 for the annual supply of fluids, oils, and
lubricants were opened and read on October 17, 1994. Bid requests were
mailed to sixteen (16) vendors with four (4) returning bids.
Low bid meeting specifications in all sections was submitted by Jones Oil,
Inc. , our current supplier. Using estimated yearly quantities, the cost
would be $22,508.52. This represents an increase of 30% over the last
year's prices. The price of Freon has more than doubled. This accounts
for most of the increase.
Staff recommends award of the bid for the annual supply of fluids, oils,
and lubricants to Jones Oil, Inc., low bidder meeting specifications.
Funds for this purchase were budgeted in the Equipment Services 96/97
Operating Budget.
Action Required by Council: Award bid for the annual supply of fluids,
oils, and lubricants to Jones Oil, Inc. , low bidder meeting specifications.
= c
Availability of Funds:
General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
XXX Other Equipment Services Operating Budget
Account Number: 024-7074-534-9095 Funds Available: XX YES NO
= c
ADoroved for citv Council~qenda-- - - - - -
Q~ "G ~ \1..~\1.-l\6
Robert T. Herrera DATE
City Manager
= -
--
e e
CITY OF LA PORTE
INTEROFFICE MEMORANDUM
DECEMBER 9, 1996
TO: STEVE GILLETT, PUBLIC WORKS DIRECTOR
FROM: SUSAN KELLEY,~URCHASING AGENT
SUBJ: SEALED BID #0693 - OILS, FLUIDS, & LUBRICANTS
Advertised, sealed bids #0693 for oils, fluids, and lubricants were
opened and read on December 9, 1996. Bid requests were mailed to
sixteen (16) vendors with four (4 ) returning bids.
Low bid meeting specifications was submitted by Jones Oil, Inc.
Using estimated yearly quantities, the cost would be $22,508.52.
This is a thirty percent (30%) increase over the last bid, however,
the freon more than doubled which accounts for the majority of the
increase.
Please submit your recommendation with an agenda request form by
the prescribed time before the next regular council meeting. If
there is a need to delay bringing this bid before council, please
notify me.
Attachment: Bid Tabulation
Bidder's List
.
e e
BID TABULATION - OILS, FLUIDS, & LUBRICANTS
lii!i!i\\tI~\~\~\~\~\!\~\~iiiB~~~~~~~~~~~~!~!imI.E~;'t:;!~;;';;'Ii:::::::::;;:::::::::":;:;:;:;:;:i:;!~i~i~i~i~i~i~i~i~i~i~t~.jiWi!iiiiii\fI:.!iM~ig8.IBiiigi~iHii\i\\\i\ID\\HD.lmii.~;~::::::::::::::::::;:;.iii.ir:::::::::~::::al!~i~im~It!\
SECTION I - BULK OILS, AND TRANSMISSION FLUIDS
1. Bulk Hydraulic Oil, 5W20 Gal 1200 $2.84 $3.47 $4.89 NOBID
Exxon torque fluid #56
2. Bulk Motor Oil, Exxon XD-3 Gal 1200 $2.72 $3.29 $3.79 NOBID
30 SF, SE, CD, CC
3. Bulk Gear Oil, Drum 2 $212.00 $264.00 $304.00 NOBID
Exxon GX 85/140 gear oil
400 lb. drums
4. Bulk Transmission Fluid, Gal 600 $2.48 $3.56 $4.09 NOBID
Dexron II
I ..$I$C....'ONJTOTAt.F .. .$$.$$4.QQ ...........$lQ.776.Q(). $1$i4'l$.()() .... <.....1'10.810.1
SECTION II - ANTIFREEZE AND LUBRICANTS
1. Motor Oil, Exxon XD-3 30 Qt 500 $1.06 $1.04 $1.37 $1.36
2. Antifreeze, All Purpose Gal 450 $3.60 $3.65 $3.79 $4.07
3. Chassis Grease, Multi- Tube 300 $0.84 $0.94 $1.79 $0.77
purpose Lithium EP
Exxon Ronex M.P.
4. Chassis Grease, Multi- Drum 7 $32.20 $31.50 $46.20 $32.74
purpose Lithium EP
Exxon Ronex M.P. 35 Ib
5. Automatic Transmission Qt 96 $1.09 $1.04 $1.47 $1.00
Fluid, DEXRON II
6. Multi-Purpose Wheel Bearing Tubs 100 $1,35 NO BID $1.59 $1.49
Grease (1 Ib Tubs)
.......$2.8$'t.()4 $2.'164.$4 $$~55J.()2 ...........$3~~16..68
SECTION III - MISCELLANEOUS
1. Oil dry, Florco 50 Ib bag Bag 100 $3.09 $3.15 NOBID $2.70
2. Windshield Washer Fluid Gal 136 $1.23 $3.56 NOBID $1.06
3. Penetrate Oil, Aerosol WD40 Can 120 $0.92 NOBID NOBID $1.80
4. Carburator clnr, Gumout #7450 Can 120 $1.08 $1.19 NOBID $1.81
5. Power Steering Fluid 12 oz Can 144 $0.45 $0.59 NOBID $0,60
6. Brake Parts Cleaner 20 oz Can 120 $1.24 $1.53 NOBID $1.50
7. Freon - Refrigerant R-12 30 Ib Cyl 20 $494.98 $594.50 NOBID $549.00
8. Hand Cleaner - Go Jo #1115 Cont 30 $7.60 $8,53 NO BID $5,88
4.5 Ib container
$j.g~?"1'().l~...
\\iiiiiiii[iljii~.lliJ
. .
e e
BIDDER'S LIST
SEALED BID #0693
FLUIDS, OILS & LUBRICANTS
ALLEN & KERBER AUTO SUPPLY ANGEL'S OIL COMPANY
518 WEST MAIN PO BOX 1398
LA PORTE 77571 LA PORTE TX 77572
APACHE OIL COMPANY COMMERCIAL LUBRICANTS
PO BOX 177 PO BOX 6366
PASADENA TX 77501 PASADENA TX 77506
DAP DISTRIBUTING H & W PETROLEUM COMPANY
5020 EAST ROAD 9617 WALLISVILLE RD.
BAYTOWN TX 77521 HOUSTON, TX 77013
HI-LO AUTO SUPPLY J.A.M. DISTRIBUTING
1010 S. BROADWAY P.O. BOX 21134
LA PORTE, TX 77571 HOUSTON, TX 77226
JONES OIL OIL PATCH BROZOS VALLEY
4828 N. SHEPHERD DR. PO BOX 456
HOUSTON, TX 77018 FREEPORT, TX 77541-0456
O'ROURKE PETROLEUM PRODUCTS SPECIALTY OIL
222 McCARTY 5750 CAMPBELL RD.
HOUSTON TX 77029 HOUSTON TX 77041
THOMAS PETROLEUM INC VALVOLINE INC
PO BOX 659 PO BOX 891
WINNIE TX 77665 DEER PARK TX 77536
THE HART COMPANY PRECISION INDUSTRIES
PO BOX 14030 818 WEST 13th STREET
HOUSTON TX 77221 DEER PARK TX 77536
BAYSHORE SUN PUBLISH DATES: CHAMBER OF COMMERCE
NOVEMBER 24, 1996 PO BOX 996
DECEMBER 1, 1996 LA PORTE TX 77572-0996
REOU~ FOR CITY COUNCIL AGENDA~EM
Agenda Date Requested: December 16. 1996
Requested By: Bobbv L. Powell Department: Police
X Report Resolution Ordinance
Exhibits:
Purchasing memo.
SUMMARY , RECOMMENDATION
Two DARE vehicles were requested and approved in the 1996-97 budget
year.
In December 1996, advertised sealed bids #0696 - four (4) door
sport utility vehicles was mailed to fourteen vendors, with six
bids returned.
Low bid meeting specifications was submitted by A.C. Collins Ford
in the amount $17,167 per vehicle. Budgeted funds are available to
meet this expense.
ACTION REQUESTED BY COUNCIL:
We are requesting Council consent to purchase these 1997 Explorers.
ALTERNATIVE:
Advertise Bids again.
Availability of Funds:
x General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
other (Motor Vehicle Fund)
Insurance
Account Number: 001-5258-521-8050 Funds Available: X- YES - NO
ADDroved for city Council Aaenda
Q~ \. ~ \ 't,- \. 'L ~ C\.L
Robert T. Herrera DATE
City Manager
.
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CITY OF LA PORTE
INTEROFFICE MEMORANDUM
DECEMBER 9, 1996
TO: GUY RANKIN, DIRECTOR OF PLANNING
CHIEF BOBBY POWELL, POLICE CHIEF
FROM: SUSAN KELLEy,~URCHASING AGENT
SUBJ: SEALED BID #0696 - 4 DOOR SPORT UTILITY VEHICLES
Advertised, sealed bids #0696 - four (4 ) door sport utility
vehicles were opened and read on December 9, 1996. Bid requests
were mailed to fourteen (14) vendors with six (6) returning bids.
Low bid meeting specifications was submitted by A.C. Collins Ford
in the amount $17,167.00 per vehicle, for a total cost of
$51,501.00.
Please submit your recommendation with an agenda request form by
the prescribed time before the next regular council meeting. If
there is a need to delay bringing this bid before council, please
notify me.
Attachment: Bid Tabulation
Bidder's List
.
---.~' .
e e
BID TABULATION - 4 DOOR SPORT UTILITY VEHICLES
.........<I...'A~g()l.lI,...$ <RIYF"()"~~ C"~,, ....>N1c.:t=tEE 1t-fl"i:~~T"TEI............. ......gfl/\~~
Q"("'f:F'OflojI\lC . <;HaY8I..EFI ... . FOaO ... .. . FORD .............FORD, . .....FORD
\1. 4 DOOR SPORT UTILITY VEHICLES 3 $17,167,00 $18,763,00 $19,998,00 $20,152.95 $20,287.701 $20,628,00
I:m:::!:!!rr~~~~~~~~~~~~i:iiiiii:::;:;:;:;:;:;::::::::~!!!!t~t~~:i~riiii{::::::::::::::::::;::t::fi:~fifilfi:li:::::;;;~wti.~lll!t:!:!:t!!:; l::::!:!!!.Uiit*.riiiiit~ttll:.'~.j,.: t::::jii~~ :~:~:i:i:I~i~Ii.~rli:i:i.il:i:~~~1'ijl~nrl:ttl~*li.iI~i6
I 1997 MAKE/MODEL EXPLORER, JEEP CHEROKEE EXPLORER EXPLORER EXPLORER EXPLORER
!1A. ALTERNATE - 1996 MODEL 3 NOBIDI NOBID NOBID NOBIDI NOBIDI NOBIDj
\
. ..
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BIDDER'S LIST
SEALED BID #0696 - 4 DOOR SPORT UTILITY VEHICLES
A C COLLINS FORD ALLEN SAMUELS DODGE/JEEP
1831 SOUTH RICHEY 300 W BAY AREA BLVD
PASADENA TX 77502 WEBSTER TX 77598
ARCHER JEEP/EAGLE BILL HEARD
8711 NORTH FREEWAY PO BOX 530
HOUSTON TX 77037 HOUSTON TX 77487-0530
CASA FORD CROWN JEEF/CHRYSLER
4701 1-10 EAST 11890 OLD KATY RD .
BAYTOWN TX 77521 HOUSTON TX 77079
INTERSTATE FORD JOE CAMP FORD
20405 1-45 621 HWY 146 SOUTH
SPRING TX 77388 LA PORTE, TX 77571
LES MARKS CHEVROLET MCREE FORD
PO BOX 1119 P.O. BOX 577
LA PORTE, TX 77572-0119 DICKINSON, TX 77539
ORANGE COUNTY FORD RON CARTER AUTOLAND
1601 GREEN AVE 3205 FM 528
ORANGE, TX 77630 ALVIN TX 77512
RON CRAFT CHEVROLET/OLDS RIVER OAKS CHRYSLER/JEEP
3401 NORTH MAIN 4807 KIRBY DRIVE
BAYTOWN TX 77521 HOUSTON TX 77098
CHAMBER OF COMMERCE BAYSHORE SUN PUBLISH DATES:
PO BOX 960 NOVEMBER 24, 1996
LA PORTE TX 77572-0960 DECEMBER 1, 1996
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KEY POINTS AGAINST CHANGING
THE "R-3" ZONING TO "NC" ON SOUTH BROADWAY:
1, Ample Neighborhood Commercial (NC) space is currently zoned and
vacant in the area. Why increase NC when there is a surplus? This would
lower the value of other NC property.
2. The property in question was zoned R-3 for many years before being
bought by the current owners. They had ample time prior to purchase to
learn how the property could be used,
3. The conversion of only two lots to commercial which are surrounded by
residential amounts to "SPOT ZONING", a practice in conflict with to
Section 1-200 of Zoning Ordinance 1501 and TEXAS MUNICIPAL LAW (See
next page for details),
4, Administrative procedures exist which would allow the owners to have their
planned beauty shop without rezoning by granting a variance with specific
requirements for improvements,
. We would be willing to speak in favor of such a variance with the
stated requirements,
. These improvements would reduce the "blight", and would be
supportive of P&Z Commission's effort.
5. Section 4 - 200 of the La Porte Zoning Ordinance states a goal that "non-
conformities in use and development and buildings are to be avoided, or
eliminated where now existing, wherever and whenever possible..." But
SPOT ZONING IS NOT THE APPROPRIATE WAY TO DO THIS.
6. .Zoning was a major reason why residents of the old "Bay MUD" voted for
annexation in the late 1980's. The area had many deteriorating businesses
that were in areas zoned residential in La Porte's master plan, Rezoning
R-3 to NC would be contrary to the trust given the City by the voters.
7, There is a significant amount of land being developed or planned as
residential in the immediate area. A zoning change will hurt the value of
all the other property in the area, and possibly stop this current residential
development.
8. After the construction of the Bayport channel which converted the "Old
HiQhway 146" into a dead end street. The street is no longer a
thoroughfare and does not have a good commercial record, Over 20
businesses have gone "Out of Business" since this change.
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SPOT ZONING:
Excerpts from the Texas Municipal Zoning 2d ed. (1992)
TEXAS MUNICIPAL ZONING LAW
Chapter 4: Zoning Classifications (page 4-21)
4.12 Spot Zoning
Courts purport to give zoning amendments the same presumption of validity that
they afford initial zoning ordinances. When reviewing zoning amendments under the
spot-zoning doctrine, however, courts reverse the presumption of validity
and require the city to justify its rezoning.
Spot-zoning cases ordinarily deal with rezoning that benefits a
specific tract with a use classification that is less restrictive than
provided by the original zoning ordinance. One theory of spot zoning is that
when the legislative body departs from its comprehensive plan and rezones
especially to benefit a small tract, it violates the enabling act's
requirement that zoning be " in accordance with a comprehensive
plan." Thus stated, spot zoning is a problem of enabling authority and does not raise
constitutional issues.
Spot zoning can be considered constitutionally defective as well, in that the
departure from the legitimate goals of comprehensive zoning make the action
arbitrary and therefore not within police power authority.
Other comments related to the spot zoning issue:
1. ...... ..a basic distrust of municipalities when they amend zoning ordinances
to respond to particular landowner,.. .instead of general community
interests.
2. . . , .. courts look much more carefully at zoning amendments than at
orijJjnal enactments. Ordinarily, the review of amendments is focused on a
favorable reclassification that allows an unwelcome commercial .. ...use
in i:I previously restricted residential neighborhood. Favorable spot
zoning can be constitutionally defective for departing from legitimate
police powers and for discriminating in favor of the rezoned tract.
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