HomeMy WebLinkAbout1997-02-10 Public Hearing and Regular Meeting of City Council
----- ",
.
.
."
..,.,---
'-......-
. :J/'7/"77....>,.
7()'1'NOltf/ld~
0:1 f .La tP ML
~~.nLZ /IK ? 7f'//
~ mr ~~
cL uJ-d/tvf.~ ~~ ~
~~ . dD~~
~J1??t1l ~ fiJ~
~~~~$~~
~*tL~~~,
. d f./ht4if~ ~ ~..d.e
~~uu ~urL~q
ffi ~ M- /S' wz./ .Jl!: ~
c:-L;1~J~J1 ~ J~c-
~~~~~~
~~~ .
80Jr ~k Ulf ~.de ~
~1{y~~"'~P-~
~ /lh~ ~ a... ~ H /'/AN~-I-
~'A~~.'O-T~
~~
EXHIB,rr A.
.
.
MINUTES OF THE PUBLIC HEARING
AND REGULAR MEETING OF
LA PORTE CITY COUNCIL
FEBRUARY 10, 1997
PLEASE NOTE - THE AUDIO TAPE, DUE TO A MALFUNCTION, DID NOT RECORD THE
FIRST FOUR ITEMS ON THE AGENDA. WRITTEN MINUTES ARE RECORDED PER NOTES
TAKEN BY THE CITY SECRETARY AND EXIllBIT A, LEITER FROM MRS. WANDA
THROWER AS READ BY MAYOR NORMAN L. MALONE.
1. CALL TO ORDER
The meeting was called to order by Mayor Norman L. Malone at 6:00 P.M.
Members of City Council Present: Mayor Norman L. Malone, Councilpersons Guy Sutherland,
Mike Cooper, Bob McLaughlin, Alton Porter, Deotis Gay, Jack Maxwell and Jerry Clarke
Members of Council Absent: None
Members of City Staff and City Employees Present: City Manager Robert T. Herrera, City
Attorney Knox Askins, City Secretary Sue Lenes, 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, Police Chief Bobby Powell,
Assistant City Secretary Rbonda Yockov, Assistant Finance Director Cynthia Alexander, City
Engineer Doug Knuepper, Purchasing Agent Susan Kelley, and Municipal Court Judge J. B.
Williamson
Others Present: John Black, representing the La Porte Bayshore Sun and several La Porte
citizens
ANNOUNCEMENT REGARDING THE DEATII OF COUNCILPERSON ROBERT E.
"BOB" THROWER DISTRICT 3 - Mayor Malone
Mayor Malone read a letter from Mrs. Wanda Thrower thanking the City for its expression of
sympathy in the death of Councilperson Thrower. (Exhibit A) Mayor Malone expressed the
City's heart felt sympathy to the Thrower family.
2. INVOCATION BY REV. OLIVER STILLWELL - FIRST ASSEMBLY OF GOD
CHURCH
In the absence of Rev. Oliver Stillwell, Kevin LeVrier, Deacon at the First Assembly of God
Church, La Porte, delivered the invocation.
.
.
Minutes Public Hearing and
Regular Meeting
La Porte City Council
February 10, 1997, Page 2
3. CONSIDER APPROVING MINUTES OF REGULAR MEETING .JANUARY 27, 1997
Motion was made by Council person Maxwell to ~prove the minutes of January 27th as
presented. Second by Councilperson Gay. The motion carried, 8 ayes, 0 nays.
Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, Clarke and
Mayor Malone
Nays: None
4. PROCLAMATIONS:
AMERICAN mSTORY MONTH - SlURLEY SPum..ER
Mrs. Shirley Spuhler was unable to be at the City Council meeting and will receive the
proclamation at a later date.
AUDIO TAPE RECORDED THE PROCEEDINGS OF THE MEETING FROM ITEM 5
THROUGHOUT THE REMAINDER OF THE CITY COUNCIL MEETING.
s. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX
PAYERS WISHING TO ADDRESS COUNCIL
Ms. Loyce Young, 823 W. Main, La Porte, addressed Council regarding the proposed revision
to Ordinance 1000, (Ord. 1000-1) the ordinance governing the manner of operation for
establishments wishing to serve wine and/or beer on premise in La Porte. Ms. Young spoke in
opposition to the revisions with respect to the 65% of gross income shall be derived from the
sales of prepared food. Ms. Young indicated she has been in business at 823 West Main, Brooks
Flag Stop since 1991, and she has had no trouble getting a City license renewed in the past. Ms.
Young indicated she bought the building in 1995 with an SBA loan through Bayshore Bank, and
had she known this was on the cities agenda she would not have done so. Also, Ms. Young
indicated she would be unable to keep the establishment open if she has to meet the 65 % sale of
food requirement. Ms. Young said, "I can sell some hot dogs, some hamburgers, but there is
no way I can compete with a restaurant. "
Mr. M. J. Bowden, 301 South Jamison, Morgan's Point, Texas, stated he has been a friend of
Ms. Young for several years. He indicated Ms. Young has had no probl"fDlS at her establishment.
Mr. Bowden reported to Council that Ms. Young gives away more food at her business than
some of the local restaurants sell. Ms. Young conducts her business inside the building, does
not have people standing around outside the building, nor does she have tailgate parties at the
establishment. He indicated he is a bar manager himself (The Point, 3919 E. Main) and in his
opinion her establishment is not big enough to have restaurant facilities.
,
e
Minutes Public Hearing and
Regular Meeting
La Porte City Council
February 10, 1997, Page 3
Mr. Don Noseworthy, 2040 26th Street, La Porte, reporting to Council he has been in La Porte
for about 24 years and has been going to Ms. Young's establishment for several years for
different functions and benefits. He said they have helped a lot of people and it is a family place.
He also indicated there have been no problems at the establishment. Mr. Noseworthy asked
Council to consider this, and he said, in his opinion, it is a neighborhood place.
6. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE
CALLING THE REGULAR ANNUAL ELECTION OF THE CITY OF LA PORTE ON
MAY 3, 1997; CALLING FOR A RUN-OFF ELECTION ON MAY 31, 1997, IF
NECESSARY, AND CALLING FOR ALL PROCEDURES NECESSARY FOR
CONDUCTING SAID ELECTION (Ord. 97-2160) - K. Askins
City Attorney read: ORDINANCE NO. 97-2160 - AN ORDINANCE CALLING mE
REGULAR ANNUAL ELECTION OF THE CITY OF LA PORTE; CALLING A RUN-OFF
ELECTION, IF NECESSARY; DESIGNATING ELECTION PRECINCTS AND POLLING
PLACES; PROVIDING FOR THE USE OF VOTING MACHINES; APPOINTING ELECTION
OFFICIALS; PROVIDING FOR MEmOD AND DATES OF EARLY VOTING; PROVIDING
FOR AN EARLY VOTING BALLOT BOARD; PROVIDING FOR RETURN AND CANVASS
OF VOTES OF SAID ELECTION; PROVIDING FOR NOTICE; PROVIDING FOR FILING
DEADLINE AND FILING FEES FOR CANDIDATES; PROVIDING A SAVINGS CLAUSE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTNE DATE HEREOF.
Motion was made by Councilperson Cooper to approve Ordinance 97-2160 as read by the City
Attorney. Second by Councilperson Clarke. The motion carried, 8 ayes, 0 nays.
Ayes: Council persons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, Clarke and
Mayor Malone
Nays: None
7. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE
VACATING, ABANDONING AND CWSING THE ALLEY IN BWCK 119, AND
CWSING A PORTION OF THE RIGHT-OF-WAY OF SOUTH 11TH STREET, TOWN
OF LA PORTE, HARRIS COUNTY (Ord. 97-2161) - G. Rankin
City Engineer Doug Knuepper reviewed the summary and recommendation regarding the request
by Decker McKim and Emery Farkas to close, vacate and abandon the alley in Block 119, as
well as the right-of-way of South 11th Street between Blocks 119 and 120, Town of La Porte.
The request is to open a large tract of land for future development. Mr. Knuepper indicated staff
recommends approval subject to the following conditions being met within 45 days of approval
of this ordinance (Ord. 97-2161).
,
.
Minutes Public Hearing and
Regular Meeting
La Porte City Council
February 10, 1997, Page 4
1.) Payment in the amount of $15,619.14 from the applicants to the city for the
closing.
2.) Payment of all delinquent taxes owed on the property adjacent to area to be
closed.
3.) Execution of a General Warranty deed to a 110' X 400' strip of land out of
Block 120, Town of La Porte for the widening of Little Cedar Bayou.
City Manager Robert T. Herrera reported to Council, with the approval of Item 7 and
subsequently Item 8, in addition to what we will be receiving from the applicant, the City of La
Porte will also open up 10 acres of additional property because of some water sewer efforts that
we are going to produce, and another 20 acres with water and sewer. The actions between Items
7 and 8 will create 30 acres worth of development for the City which will come back to the City
through front foot fees.
City Attorney read: ORDINANCE NO. 97-2161 - AN ORDINANCE VACATING,
ABANDONING AND CLOSING; THE ALLEY IN BLOCK 119, TOWN OF LA PORTE,
HARRIS COUNTY, TEXAS; AND VACATING, ABANDONING AND CLOSING A
PORTION OF; THE RIGHT-OF-WAY OF SOUTH 11TH STREET, TOWN OF LA PORTE,
HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH; THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Gay to approve Ordinance 97-2161 as read by the City
Attorney. Second by Councilperson Sutherland. The motion carried, 8 ayes, 0 nays.
Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, Clarke and
Mayor Malone
Nays: None
8. CONSIDER APPROVAL OR OTHER ACTION REGARDING A PROPOSED UTILITY
EXTENSION AGREEMENT BEIWEEN THE CITY OF LA PORTE AND DECKER
MCKIM -G. Rankin
City Engineer Doug Knuepper reviewed the summary and recommendation to authorize the City
Manager to enter into a Utility Extension Agreement with Decker McKim (an individual). Staff
also recommends that the sewer line be constructed along the route preferred by the City.
Motion was made by Council person Sutherland to approve the proiect and authorize the
agreement. Second by Council person Gay. The motion carried, 8 ayes, 0 nays.
.
e
Minutes Public Hearing and
Regular Meeting
La Porte City Council
February 10, 1997, Page 5
City Engineer Doug Knuepper asked Council to approve an additional clause to this agreement
that would give the City the opportunity to withdraw from the agreement in the event the bids
come back beyond the City's budget or beyond the applicants ability to reach compliance.
Council was in agreement with the clause to be added.
Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, Clarke and
Mayor Malone
Nays: None
9. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE
APPOINfING A MEMBER(S) TO THE ZONING BOARD OF ADJUSTMENT OF THE
CITY OF LA PORTE (Ord. 97-2162) - Mayor Malone
Mayor Malone reviewed the summary and recommendation to appoint Rod Rothermel to the La
Porte Zoning Board of Adjustment due to a vacancy on that board which was created by the
appointment of James "Jim" Zoller to the Planning and Zoning Board. This vacancy occurred
by the passage of Ordinance 97-2159 at the City Council meeting on January 27, 1997. Mayor
Malone additionally suggested that Mr. John Willis be moved from the Alternate 2 position to
the Alternate 1 position for a term to end on May 31, 2000, and Mr. Rod Rothermel be
appointed to the Alternate 2 position for a term to expire on May 31, 1998.
ORDINANCE NO. 97-2162 - AN ORDINANCE APPOINTING ALTERNATE MEMBER TO
THE CITY OF LA PORTE BOARD OF ADJUSTMENT; PROVIDING A SEVERABILITY
CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
Term expiring on May 31st of the year indicated, or until their successors shall have
been duly appointed and qualified:
ALTERNATE 1 - John Willis 2000
ALTERNATE 2 - Rod Rothermel 1998
Motion was made by Council person Gay to approve Ordinance 97-2,162 as stated by Mayor
Malone and the City Attorney. Second by Councilperson Sutherland. The motion carried, 8
ayes, 0 nays. .
Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, Clarke and
Mayor Malone
Nays: None
.
e
Minutes Public Hearing and
Regular Meeting
La Porte City Council
February 10, 1997, Page 6
10. CONSIDER APPROVAL OR OTHER ACTION REGARDING A RESOLUTION OF THE
CITY OF LA PORTE DESIGNATING A REPRESENTATIVE AND AN ALTERNATE
REPRESENTATIVE TO HOUSTON-GALVESTON AREA COUNCIL 1997 GENERAL
ASSEMBLY AND BOARD OF DIRECTORS (Res. 97-01) - Mayor Malone
Mayor Malone reviewed the summary and recommendation for the rt".l}uest and explained that
Council person Sutherland is presently serving as the Delegate and expressed the desire to
continue if it is the Council's desire. Alternate Delegate is Jerry Clarke.
Motion was made by Councilperson McLaughlin to a,pprove Resolution 97-{)1 and retain
Council person Sutherland as Delegate and Councilperson Jerry Clark as Alternate Delegate to
represent City of La Porte at the 1997 General Assembly and Board of Directors for Houston-
Galveston Area Council. Second by Councilperson Cooper. The motion carried, 8 ayes, 0
nays.
Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, Clarke and
Mayor Malone
Nays: None
11. CONSIDER APPROVAL OR OTHER ACTION REGARDING A RESOLUTION
SUPPORTING LEGISLATION TO ALWW MEMBER COMMUNITIES IN THE HARRIS
COUNTY METROPOLITAN RAPID TRANSIT AUTHORITY (METRO) TO WITHDRAW
FROM THE AUTHORITY (Res. 97-02) - Mayor Malone
Mayor Malone reviewed the summary and recommendation for the request to pass Resolution 97-
02, supporting \he Humble resolution seeking legislation to allow member communities in the
Harris County Metropolitan Rapid Transit Authority (METRO) to withdraw from the Authority.
Motion was made by Council person Sutherland to approve Resolution 97-02. Second by
Councilperson Porter. The motion carried, 8 ayes, 0 nays.
Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, Clarke and
Mayor Malone
Nays: None
Councilperson Porter asked Mayor Malone and Council to allow him a few moments to qualify
his position on two items to be brought before Council. Councilperson Porter indicated he must
leave the Council table at this time to attend another meeting relating to his personal business.
Councilperson Porter stated his position regarding the next items, Item 12, the rezoning request.
He indicated he is in favor of the rezoning, as he has looked at the location and it appears to be
conducive to a good development. He also stated he is most strongly in favor for the adoption
of Ordinance 1000-1 designating the areas where wine and/or beer for consumption on the
premises may be sold. Councilperson Porter retired from the table at 6:30 P.M.
.
.
Minutes Public Hearing and
Regular Meeting
La Porte City Council
February 10, 1997, Page 7
12. PUBLIC HEARING - CONSIDER REZONE REQUEST #R96-008 SEEKING TO REZONE
APPROXIMATELY 7.26 ACRES OUT OF LA PORTE OUTWTS 718 & 719, (3800
BLOCK OF UNDERWOOD ROAD). THE APPLICANT SEEKS TO HAVE THE
PROPERTY REZONED FROM WW DENSITY RESIDENTIAL (R-l), MID-DENSITY
RESIDENTIAL R-2), AND NEIGHBORHOOD COMMERCIAL (NC) TO
NEIGHBORHOOD COMMERCIAL (N.C.) - G. Rankin
OPEN PUBLIC HEARING
Mayor Malone opened the public hearing at 6:30 P.M.
REVIEW BY STAFF
Director of Planning Guy Rankin reviewed the summary regarding the rezoning request submitted
by Earl W. Wilburn, (trustee), and he answered questions from Council. (Earl Wilburn was in
the chambers to answer questions if Council needed clarifications.)
PUBLIC INPUT
Mr. Charles Schultz, 3814 Maple Wood, La Porte, spoke to Council stating he is against the
rezoning request. Mr. Schultz said he lives on the property that backs up to the acreage, and he
is of the opinion the rezoning would cause his property value to go down and also congest the
area.
RECOMMENDATION BY PLANNING & ZONING
The Planning & Zoning Commission has recommended approval of Rezone Request #R96-o08.
Planning Director Guy Rankin recommended the recommendation of The Planning & Zoning
Commission be upheld and the acreage be rezoned to Neighborhood Commercial (NC). Mr.
Rankin said he understood the concerns of the citizen, but Neighborhood Commercial is not an
intense use such as General Commercial. He does not think this will have an impact as this is
so far removed from the neighborhood.
CWSE PUBLIC HEARING
Mayor Malone closed the public hearing at 6:39 P. M.
.
e
Minutes Public Hearing and
Regular Meeting
La Porte City Council
February 10, 1997, Page 8
13. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE
AMENDING ORDINANCE NO. 1501, THE ZONING ORDINANCE OF THE CITY OF
LA PORTE, BY CHANGING CLASSIFICATION OF A CERTAIN PARCEL OF LAND,
KNOWN AS APPROXIMATELY 7.26 ACRES OUT OF LA PORTE OUTWTS 718 &
719, THE 3800 BWCK OF UNDERWOOD ROAD, TO NEIGHBORHOOD
COMMERCIAL (NC) - (Ord. 1501-Y) - G. Rankin
City Attorney read: ORDINANCE NO. 1501-Y - AN ORDINANCE AMENDING
ORDINANCE NO. 1501, MORE COMMONLY REFERRED TO AS THE ZONING
ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING CLASSIFICATION OF THAT
CERTAIN PARCEL OF LAND HEREIN DESCRIBED; MAKING CERTAIN FINDINGS OF
FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Gay to approve Ordinance 1501-Y as read by the City
Attorney. Second by Councilperson Sutherland. The motion carried, 7 ayes, 0 nays.
. (Council person Porter, having left the chambers, was unavailable to vote on the remaining issues
to be brought before Council.)
Council person McLaughlin asked Planning Director Guy Rankin if all the taxes were current on
this property? Me. Rankin said they were current at time of the Planning and Zoning Public
Hearing.
Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Gay, Maxwell, Clarke and Mayor
Malone
Nays: None
14. CONSIDER AWARDING A BID TO NATIONAL UNIFORM SERVICE FOR
FURNISlUNG UNIFORM RENTAL AND SERVICE - S. Kelley
Purchasing Agent Susan Kelley reviewed the summary and recommendation regarding a bid
award to National Uniform Services in the amount of $38,564.76, to furnish uniform rental and
service.
Motion was made by Councilperson Cooper to award a bid to National Uniform Service for
furnishing uniform rental and service. Second by Councilperson McLaughlin. The motion
carried, 7 ayes, 0 nays.
Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Gay, Maxwell, Clarke and Mayor
Malone
Nays: None
.
e
Minutes Public Hearing and
Regular Meeting
La Porte City Council
February 10, 1997, Page 9
15. WORKSHOP - CONSIDER A PROPOSED ORDINANCE WIllCH GOVERNS WINE
AND/OR BEER ON-PREMISE CONSUMPI'ION, TO BE RETURNED TO THE TABLE
FOR FURTHER DISCUSSION, REQUESTED BY FOUR COUNCILPERSONS
OPEN WORKSHOP
Mayor Malone opened the workshop at 6:43 P.M. He reported four Council members have
requested this item to be placed on the agenda for discussion.
DISCUSSION PROPOSED ORDINANCE GOVERNING WINE AND/OR BEER ON-
PREMISE CONSUMPTION AT ESTABUSHMENTS IN THE CITY OF LA PORTE
City Manager Robert T. Herrera stated Assistant City Manager John Joerns will come forward.
He reminded Council they had previously allowed Mr. Joerns to give a history on this particular
proposed ordinance. He said he does not know what additional information we can give, but staff
is ready to answer any additional questions Council may have for staff. He reported that four
Council members have requested this be brought back for Council consideration, and that is why
it is on the agenda.
Assistant City Manager John Joerns reviewed the proposed changes - (Exhibit A, 2 pages)
regarding the request from Council. Mr. Joerns reported in addition to the previous report
(Exhibit A, 2 pages), Planning Department has been visited by Port Auto Truck Stop, one of the
two business listed which have current licenses that would be effected by this ordinance.
Although they have not pulled any permits, they indicated they are planning to completely rebuild
that establishment and add restaurant facilities into their proposal. As a matter of curtesy, staff
visited Brooks Flag Stop. The owner has come before you tonight and expressed her concerns.
Council asked questions of City Attorney Knox Askins and staff and discussed in length all
information available regarding the circumstances and reasons to pass a policy which would be
consistent for every establishment permitted by the City of La Porte, which serves wine and/or
beer on their premises. Council allowed audience participation and heard all remarks from the
public.
Mayor Malone read City Attorney opinion: The objective was to create a uniform set of regular
standards to apply equally to ever wine and beer on premises establishment within the City of La
Porte. As City Attorney I feel it is important to achieve this ot:.jective. Since serious
constitutional issues could be raised by one of the currently permitted wine and beer on premise
establishments that must meet the currently imposed 65% food 35% beer and wine test. Mayor
Malone said he was in agreement with the City Attorney.
.
.
'.~ ::.::.... . ....~: ': .".. .'.' .' .:::' .... ., .:: ....~.~.:.~.: ..: .:.:,=-:. ::......:....::.:. .~:.::.::.......:-:.. ::.~. . ....... . ..........,",
,+:,>;"";;\;,~,, :.,;;' '; 'cri:Y: o~(Ui6~:rn~~;:',)I;~i;,';2",,;;. . ,.;
, .." .... n.'.'.,............ ...INTER-OFFICE.MEMORANDUM ......,. . 'r.. .n..... .'.
~WN1~}~;~~;};~~~;i?fJ}.,~0k~'~;z~iftl{r.~:~tri:l;~~i:;.~;,
SUBJECT:.
Mayor anl'ty Council
Robert 'J.I ~Iera, City Manager
.\ ~ \ d
John Jeer Assistant City Manager
"\ I J
Proposed Ordinance 1000-1
Re: Wine and/or Beer On-Premises Consumption
TO:
FROM:.
At the Council Meeting of December 16, 1996, during discussion of a license for on-premises
consumption, staff informed Council that we would bring for their consideration, proposed
changes to Ordinance 1000. As proposed, Ordinance 1000-1 is a revision and replacement of
La Pone's on-premises Wine and/or Beer Ordinances 1000 thru 1000-HH. The following is a
summary of the proposed Ordinance 1000-1.
The initial goal was a tightening of the coordination clause between the City's Wine and/or Beer
Ordinance, Zoning Ordinance, and the Texas Alcoholic Beverage Code. The question has been
raised in the past as to whether or not a wine and/or beer license issued by Ordinance 1000
supersedes the applicability of the City's Zoning Ordinance. Tightening of the language in
Section 6 of the Ordinance should address that concern. It should be clear that for an individual
to legally sell wine and/or beer for consumption on-premises within the City of La Pone, the
property must be: 1) properly zoned; 2) properly licensed and permitted pursuant to the Wine
and/or Beer Ordinance; and 3) meet all provisions of the Texas Alcoholic Beverage Code.
The second change made is the locations permitted to sell wine and/or beer on-premises within
the City have been updated to reflect all currently existing license locations. Locations that have
gone out of business are no longer included in the Ordinance's listing. Additionally, Section 2
of the Ordinance provides much more detailed information to the City in connection with the
owner of the property, the street address and legal description of the property, the trade name
or business name of the applicant, and the name and descriptive information in connection with
the applicant for each City of La Pone license.
EXHlsrr A
.
e
Page 2 of2
Memo to Mayor and Council
Proposed Ordinance 1000-1
The next change requires all new licenses or renewals to be processed with 1) the requirements
that 65 % of the gross income of the establishment be derived from the sale of food prepared in
an on-site kitchen; and 2) the policy guidelines of Resolution 91-12 enforced. This provision
will see that all new licenses and renewals include the same provisions. Presently, the City
renews these licenses as they were initially drafted. Therefore, some licenses include the 65 %
test and some do not. Likewise, some businesses whose licenses are renewed may not comply
with the policy guidelines in Resolution 91-12 (attached). Fortunately, most of the businesses
that would be subject to these provisions are no longer operating. Our research indicates that
two businesses currently holding beer andlor wine on-premises licenses will be affected by this
change;
.
Brooks Flagstop
823 West Main
Renewal Date: September 25, 19m
.
Port Auto Truck Stop
904 W. Barbour's Cut Blvd.
Renewal Date: July 6, 1997
And finally, Section 5 of the Ordinance provides that the City shall not issue or renew any
permit for the sale of on-premises consumption of wine andlor beer under the Ordinance, unless
all city and school taxes have been paid by the applicant and owner of the property covered by
the application, and unless the applicant and property owner are current on any other real or
personal property taxes located or to be operated within the City of La Pone. This language
should prevent the issuance of renewal permits to operators of wine andlor beer establishments
that are delinquent on their ad valorem taxes. The Ordinance makes it the responsibility of the
applicant to provide the City with statements showing that all ad valorem taXes are current.
Upon Council's direction, a final draft of the Ordinance will be produced and staff will prepare
a letter notifying all current license holders of the proposed Ordinance provisions.
EXHIBrr A
.
e
Minutes Public Hearing and
Regular Meeting
La Porte City Council
February 10, 1997, Page 10
City Attorney Knox Askins reaffirmed the attorney's opinion if Council made an exception for
anybody on the food test you would be opening up to a constitutional attack from anybody else,
particularly a new applicant who comes in and wants to put a beer only establishment anywhere
in La Porte. He said, "Weare sensitive to what we feel the Council would like to do on
grandfathering, and we do not believe it can legally be done on this particular ordinance. Most
penal laws have to be of uniform application across the board on whatever subject they are on.
Part of the exception we see on this is pre-existing non-conforming uses on zoning. "
CWSE WORKSHOP
Mayor Malone closed the workshop at 7:33 P.M.
16. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE
DESIGNATING THE AREAS WHERE WINE AND/OR BEER FOR CONSUMPTION ON
THE PREMISES MAY BE SOLD AND PROmBITING THE SALE ELSEWHERE;
PROVIDING FOR HOURS OF OPENING AND CLOSING (Ord. 1000-1) - J. Joerns
Motion was made by Councilperson McLaughlin to approve Ordinance 1000-1 as presented.
Second by Councilperson Gay. The motion carried, 4 ayes, 3 nays.
Ayes: Councilpersons McLaughlin, Gay, Clarke and Mayor Malone
Nays: Councilpersons Sutherland, Cooper, and Maxwell
17. ADMINISTRATIVE REPORTS
City Manager Robert T. Herrera reported Planning Director Guy Rankin and his wife Debra have
announced the birth of a baby daughter on Friday 7th, and her name is Caitlin Summer.
18. COUNCIL ACTION
Councilpersons Cooper, McLaughlin, Gay, Maxwell, Clarke, and Mayor Malone brought items
to Council's attention.
19. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW,
CHAPTER 551.071111R0UGH 551.076, AND 551.084, TEXAS GOVERNMENT CODE, -
(CONSULTATION WITH ATfORNEY, DELmERATION REGARDING REAL
PROPERTY, DELmERATION REGARDING PROSPECTIVE GIFr OR DONATION,
PERSONNEL MATl'ERS, CONFERENCE WITH EMPWYEES, DELmERATION
REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING
EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION)
,
-
Minutes Public Hearing and
Regular Meeting
La Porte City Council
February 10, 1997, Page 11
A. SECTION 551.074 - (PERSONNEL)
MEF.T wrm JUDGE J. B. WILUAMSON REGARDING A PERSONNEL
MATTER
B. SECTION 551.074 - (PERSONNEL)
MEF.T WITH CITY COUNCIL REGARDING APPOINTMENT OF VARIOUS
BOARDS, COMMISSIONS, AND COMMI'ITEES
Council retired into executive session at 7:46 P.M. under A) Section 551-074 - (personnel) Meet
with Judge J. B. Williamson regarding a personnel matter; B) Section 551-074 (personnel) Meet
with City Council regarding appointment of various Boards, Commissions, and Committees.
Council returned to the table at 8:32 P.M with no action talcen.
20. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE
SESSION
There were no considerations for this item.
21. ADJOURNMENT
There being no further business to come before Council, the meeting was duly adjourned at 8:32
P.M.
Respectfully submitted,
~~
Sue Lenes, City Secretary
Passed and Approved on this the 24th
day of February, 1997
~~~~
Norman L. Malone, Mayor
~~~....il:. ______,,_,__,~____
,THE BAY~iI..SUN . SuNo~y, FQ~U~Y 2, 1m
... . . l,~ . .. ~ .. . ..._.. ...........' _ .a .. . .
.
Councilman Thrower Dead At 68
City of. La Porte District 3 Councilman Robert (Bob) Thrower, 68, passed
away Friday afternoon in a Houston hospital after a lenghty battle with a
heart ailment.
Thrower was in the tinal year of his second three-year term on the La Porte
council. There was no word as of press time Friday as to when services
would be held. It was expected that services would be held at the First
Methodist Church of La Porte, under the direction of Grandview Funeral
Home, and officiated by the Rev. Marlin Fenn.
----.---.....------....
- -- .--..----
Houston Chronicle
Monday, Feb. 3, 1997
r "'l,'S-/or (4.~{ rlJ~u-J.,(..d,J
'frY" fl' f) ~
/) DO e..> ).>t>- f- f.J ~
rLLr P" S -e. 5 ( Y '-. ..l...e> r
b~ ~ ~~~
d-),~;t......-/~.1; S ~ ---
.... ---- ....-
THROWER
ROBERT EDWARD "BOB"
THROWER, 68, of LaPorte, beloved hus-
: band, daddy, brother, granddaddy, un-
cle, and son-in- , '
l!lw, entered'
into eternal life
, January 31,
1997. Bob was a
current mem-
ber of the La-
Porte City,. ",
Council where ,'1 '
he represented .i~!? '
the people of ~
district 3 since
1991. He was a
graduate of !.. , "',
The University J: .:,:.:\ ','
of Houston, he . ~~>:'
served in both ,;;;>: :',
the Army and : '<'~~;,'
the Navy and ...........,' ,
I retired from the NASA space program .
after 36 years of government service. He
\ was a member of First United Methodist
Church of LaPorte. Active Mason in
, Soufueast Harris County-Charter Regis-
trar of Ridout Priory #75 K.Y.ClI.,
, Member of Gulf Coast Y.R College #106
and the Royal Order of Scotland. A
member of the Red Branch of Eri and
Past Excellent Chief of Nat Pace Coun-
cil #46 K.M. Member of Backford Cross "
Conclave #420 R.C.C. and Chester Cross
Tabernacle #152 H.R.A.KT.P. both in
, England, Seabrook chapter 1090 O.E.S., ' :
Baytown Court #1 Order of the Ama-'
I ranth, Order of the Rainbow Grand '
; Cross of Colors, B.P.O. Elks #2322 in.
i Kemah and the American Legion. Pre- '
, ceded in death by daughter, Vickie Jo
Thrower, and brother James Albert. .
Thrower. Survivors include, devoted' , -
wife Wanda; daughters, Tere Burton and. .
husband Joe D., of Seabrook, Cynthia .
House and husband Allen, of LaPorte,
Debra Tomerlin and husband Mike, of
Friendswood; sisters, Evie Lou Peters of
Aiken, SC., Linnie Mae Holladay, of La-
, nett, ALA., Maggie Hughey of LaPorte;
: mother-in-Iaw,-Mildred Young of La-
, Porte; son-in-law, Larry O'Neil; 'grand-
I children, Theresa Jo Burton, Robert
I Thomas O'Neil, Jessica Thrower Tomer-
,lin, Sarah Thrower Tomerlin, Michael
I Thrower Tomerlin; numerous nieces
j and nephews. Funeral Services: 1:00
p.m. Tuesday, First United Methodist
Church of LaPorte, Reverend Marlin
Fenn officiating. Interment to follow,
! Forest Park Jj:ast Cemetery. Visitation,
l' Monday 9:00 a.m.-9:00 p.m. at the funeral '
home. Family will receive friends from
_ 5:00-9:00 p.m. Memorials may be made
to The Texas Heart Institute, P.O. Box
20269, Houston, Texas, 77225-0269, an)'
Masonic Charity or The First Unii!!<I "
Methodist Church of LaPorte buildmg "
fund.
GRAND VIEW FUNERAL HOME
850~ Spencer Hwy, Pasadena, TX.
479-6076
'THE BA.ORE SUN, WEDNESDAY, FEBRUARY An.
- ._-~- - ._~-------
IServices Are Heldl?or
. Councilman Thrower
Funeral services were held
Tuesday afternoon for La Porte City
Councilman Robert Edward (Bob)
Thrower, 68, who passed away this
past Friday in a Houston hospital
after a lengthy battle with a heart
ailment.
Thrower had represented the con-
stituents of District 3 on the La
, Porte ,City Council for almost six
BQb_.rhrower. .
I
years, as he was in the final months
of his second three-year term. By
city charter, council has 120 days to '
call a special election to fill his post,
but since the regular council elec-
tion is set for May 3, the District 3
seat will remain open until the elec-
tion is held.
Services for the longtime La Porte I
resident were held at the First
United Methodist Church, with the
Rev. Marlin Fenn officiating, and
burial followed at Forest Park East
Cemetery, under the direction of'
Grand View Funeral Home in
Pasadena. Pallbearers included Joe
D. Burton, Allen House, Mike
Tomerlin, Larry O'Neil, James
: Hughey and Lt. Robert Hughey.
Honorary pallbearers were Ens.
Ronnie Holladay, Richard Hughey,
Randall Hughey, Conrad Reynolds,
James Peters, Charles Peters, fellow .
members. of the La Por~e City
Council, Past Masters of the La
Porte Masonic Lodg'e #857, Past .
Masters of the' Friendswood :
Masonic Lodge #1416, and mem~ I
bers of the Ridout Priory #75
K.Y.C.H.
Councilman Thrower was a grad-
uate of the University of Houston,
served in both the Army and the
Nayy and retired from the NASA
space program after 36 years of
, government service. He was a mem':
ber of the First United Methodist
Church, and was an active Mason in
I Southeast .Harris County. He was '
. charter registrar of Ridout Priory
#75 K.Y.C.H., a member of the Gulf
Coast Y.R. College #106, and a
member of the Royal Order of
Scotland. He was a member of the
Red Branch of Eri and Past
, Excellent Chief of Nat Pace Council
#46 K.M., a member ,of Backford
_Cross ConClave #420 R.C.C., and a
,,_ _ ~ee T!JRqW,ER, Pag~ 2
Thrower...
Continued From Page 1
member of Chester Cross
Tabernacle #152 H.RAK.T.P. in
England and Seabrook chapter '1090
O.E.S.
Also, he was a member of'
Bay town Court #1 Order :'of the'
, Amaranth, Order of the Rainbow
, Grand Cross of Colors, B,P.O. Elks
Lodge #2322 of .Kemah, and the'
American Legion. ,
Preceded in death by daughter
Vickie Jo Thrower and brother
James Albert Thrower,
Councilman Thrower is survived by
his wife Wanda; daughters Tere '
Burton and husband Joe D, of
Seabrook, Cynthia House and hus-
, band Allen of La Porte and Debra
Tomerlin and husband Mike of
, Friendswood; siste'rs Evie Lou
Peters of Aiken, South Carolina,
Linnie Mae Holladay of Lanette,
Alabama and Mag~ie Hughey of La
Porte; mother-in-law Mildred Young
of La Porte; son-in-law Larry
O'Neil; grandchildren Theresa Jo
Burton,' Robert Thomas O'Neil
Jessica Thrower Tomerlin, Sarah
Thrower Tomerlin and Michael
Thrower Tomerlin; plus numerous
nieces and nephews, '
Memorials are suggested to the
Texas He'art Institute, P.O. Box,
20269" Ho~ston, 77225, any
MaSOnIC chanty, or the First United
Methodist Church of La Porte's
building fund.
, La Porte City Manager Bob
Herrera told The Bayshore Sun that
C,ouncil~an Thrower "brought with
him famIly values, a lot of stability
and e~pertise. He brought to the
~ouncll a level of professionalism
:~here he worked well with his fel-
1.low council members and the city
I sta~, and was never critical of any-
, one s ~ffprts on behalf of the city, It
was a JOY to work with him."
e
In memory of
Robert E. "Bob" Thrower
Born
January it: 1929
l~ Lanett, abama
J Died
~ Janu~ 31 1997
Hous on, Texas
Services
First United Methodist of La Porte
Tuesday, February 4, 1997
at 1:00 p.m.
:! Officiating
I Reverend Marlin Fenn
Interment
Forest Park East Cemetery
I. ~ve is the tloorwqy through which the human soul
,I
., sses from selfisliness to service and from solihlde
to kinship with all mankind. Author Unlcnown
.1
Cinnd View Funonl Home.Il301 SJIOMS' Highway. PIsadaIa
.
The Lord is my shepherd; I shall not want.
He maketh me to lie down in green pastures;
He leadeth me beside the still waters.
He restoreth my soul: He leadeth me in the
paths o/righteousness/or His name's sake.
Yea. though / walk through the valley of
the shadow of death. I will fear no evil:
for Thou art with me; Thy rod and
thy staff they comfort me.
Thou preparest a table before me in the
presence of mine enemies;
Thou anointest my head with oil;
my cup runneth over.
Surely goodness and mercy shall follow me
all the days of my life; and I will
dwell in the house of the Lord for ever.
Twenty-third Psalm
~
Printed tn U,5.A.
No,9182
e
.
. e
-- . - -
. - .. .
REOU1lJ FOR CITY COUNCIL AGENDA ~
Agenda Date Requested: Februarv 10. 1997
Requested By: . Sue Lene~ Department:
Report Resolution
Administration
XX Ordinance
Exhibits: Ordinance 97-2160
SUMMARY , RECOMMENDATION
Attached for your consideration is the ordinance calling for the
Regular Annual Election of the City of La Porte to be held on May
3, 1997, and calling for a Run-Off Election, if necessary. You
will note there are several blank spaces in the ordinance as
presented. The names of those individuals who will act as Judges
and Clerks during the election process will be placed on the
ordinance as soon as staff receives confirmation from each of
them.
Action Required by Council:
1. Consider Approval Of Ordinance No. 97-2160
Availability of Funds:
General
Capital
other
Account Number:
Fund Water/Wastewater
Improvement General Revenue Sharing
Funds Available: YES
NO
ADDroved for city Council Aaenda
DA1f7
.
e
ORDINANCE NO. 97-2160
AN ORDINANCE CALLING THE REGULAR ANNUAL ELECTION OF THE CITY OF LA
PORTE; CALLING A RUN-OFF ELECTION, IF NECESSARY; DBSIGNATING
ELBCTION PRECINCTS AND POLLING PLACES; PROVIDING FOR 'rBB USB OF
VOTING MACHINES; APPOINTING ELECTION OFFICIALS; PROVIDING FOR HE'l'BOD
AND DATES OF EARLY VOTING; PROVIDING FOR AN EARLY VOTING BALLOT
BOARD; PROVIDING FOR RETURN AND CANVASS OF VOTES OF SAID BLECTION;
PROVIDING FOR NOTICE; PROVIDING FOR FILING DEADLINE AND FILING FEES
FOR CANDIDATBS; PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WI'l'B
'1'HB OPBN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATB URBOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. An election shall be held within the corporate
limits of the City of La Porte, Texas, on the 3rd day of May, 1997,
such day being the first Saturday in May, 1997, between seven
o'clock (7:00) A.M. and seven o'clock (7:00) P.M., for the purpose
of electing the following City officials:
Mayor, for a 3 year term
Councilperson--District 2, for a 3 year term
Councilperson--District 3, for a 3 year term
A run-off election, if necessary, shall be held on Saturday,
May 31~ 1997, between the same hours.
Section 2. Said election shall be held at each of the
following voting places within said City, and the following named
persons are hereby appointed as officers of said election, to-wit:
Election Precinct #1
Po11inq P1ace:' Lomax Elementary School
10615 North Avenue "L"
La Porte, Texas 77571
Boundaries:
BEGINNING at the intersection of the Southern Pacific Railroad
tracks and Spencer Highway (West Main Street);
THENCE westerly along Spencer Highway (West Main Street) to
Big Island Slough;
THENCE northerly along Big Island Slough to north boundary of
Creekmont Subdivision;
THENCE west along north boundary of Creekmont Subdivision to
Underwood Road:
THENCE north along Underwood Road to the Southern Pacific
Railroad tracks;
e
e
ORDINANCE NO. 97- 2160
Page 2
THENCE southeasterly along the Southern Pacific Railroad
tracks, followin~ a curve to the south, and continuing in a
southerly direct10n along the Southern Pacific Railroad tracks
to Spencer Highway (West Main Street), to the POINT OF
BEGINNING.
Election Officials:
Kim E. Womack
Barbara Womack
, Presiding Judge
, Alternate Presiding Judge
Polling Place:
Election Precinct #2
Baker School Cafetorium
West Main Street and Underwood Road
La Porte, Texas 77571
Boundaries:
BEGINNING at the intersection of the center line of Big Island
Slough and Fairmont Parkway;
THENCE west along Fairmont Parkway to the east boundary line of
the one hundred forty one (141) acre San Jacinto Junior College
Site, same being the west boundary line of the former College
View M.U.D. as described in Article 8280-381, V.A.T.S.;
THENCE northerly along the west boundary line, and a northerly
projection thereof, of , said (College View M.U.D.) to Spencer
Highway (West Main street);
THENCE east along Spencer Highway (West Main Street) to the
center line of Myrtle Creek Drive;
THENCE south along Myrtle Creek Drive to Cedarmont Drive;
THENCE southerly along Cedarmont Drive to its intersection with
the westerly projection of the rear lot lines of Block 17 in
Fairmont Park West Section One;
THENCE southeasterly along the rear lot lines of Block 17 in
Fairmont Park West Section One, passing through parkmont Drive
and following the rear lot line of Block 18 of Fairmont Park
West Section Two, to Quiet Hill Road;
THENCE westerly along Quiet Hill Road to willmont Road;
THENCE southerly along Willmont Road to its intersection with
the westerly projection of the rear lot line of Block 35 in
Fairmont Park West Section Two;
THENCE easterly along the rear lot lines of Block 35 in
Fairmont Park West Section Two to the center line of Roseberry
Drive;
.
e
ORDXHARCE HO. 97- 2160
Page 3
THENCE northerly along the center line of Roseberry Drive to
the center line of Hillridge Road;
THENCE easterly along the center line of Hillridge Road to the
center line of Big. Island Slough;
THENCE southerly along the center line of Big Island Slough to
the intersection of Fairmont Parkway, to the POINT OF
BEGINNING.
Election Officials:
lnge Browder
Karen Barnhill
, Presiding Judge
, Alternate Presiding Judge ,
Polling Place:
Election Precinct #3
Rizzuto Elementary School
3201 Farrington Boulevard
La Porte, Texas 77571
Boundaries:
BEGINNING at the intersection of an Exxon Pipeline Easement and
Fairmont Parkway;
THENCE west along Fairmont Parkway to center line of Big Island
Slough;
THENCE northerly along the center line of Big Island Slough to
the center line of Hillridge Road;
THENCE westerly along Hillridge Road to the center line of
Roseberry Drive;
THENCE southerly along the center line of Roseberry Drive to
the intersection with the easterly projection of the rear lot
line of Block 35 in Fairmont Park West section Two;
THENCE westerly along the rear lot line of Block 35 in Fairmont
Park section Two to the center line of Willmont Road;
THENCE northerly along the center line of Willmont Road to the
center line of Quiet Hill Road;
THENCE easterly along the center line of Quiet Hill Road to the
intersection of the southeasterly projection of the rear lot
line of Block 18 in Fairmont Park West Section Two;
THENCE northwesterly along the rear lot line of Block 18 in
Fairmont Park West Section Two, passing through Parkmont ,Drive
and becoming the rear lot line of Block 17 Fairmont Park West
section One to Cedarmont Drive;
THENCE northerly along Cedarmont Drive to Myrtle Creek Drive;
e
e
ORDINANCE NO. 97-.2llO...
Page 4
THENCE northerly along Myrtle Creek Drive to Spencer Highway
(West Main Street);
THENCE west along Spencer Highway (West Main Street) to
Underwood Road;
THENCE north along Underwood Road to the north boundary of the
Creekmont Subdivision;
THENCE east along the north boundary of the Creekmont
Subdivision to Big Island Slough;
THENCE southerly along Big Island Slough to Spencer Highway
(West Main Street);
THENCE east along Spencer Highway (West Main Street) to an
Exxon Pipeline Easement;
THENCE southerly along an Exxon Pipeline Easement to Fairmont
Parkway, ,to the POINT OF BEGINNING.
Election Officials:
Paula Rizzuto
Ana Estrada
, Presiding Judge
, Alternate Presiding Judge
Election Precinct 14
Polling Place: Dewalt Special Services Center
Madison and North 6th Street
La Porte, Texas 77571
Boundaries:
BEGINNING at the intersection of North Broadway Street and the
Southern Pacific Railroad tracks:
THENCE south along North Broadway street to Barbour's Cut
Boulevard;
THENCE east along Barbour's Cut Boulevard to North Brownell
Avenue:
THENCE south along North Brownell Avenue to East Madison
Street;
THENCE east along East Madison Street to North Holmes Avenue;
THENCE southerly along North Holmes Avenue to East Main Street;
THENCE westerly along East Main Street to South Broadway
Street;
THENCE south along south Broadway Street to West "A" Street;
.
e
ORDJ:NAHCE NO. 97-2160
Page 5
THENCE west along West II.A II street to state Highway 146;
THENCE south along state Highway 146 to West "B" street;
THENCE west along West "B" street to South 13th Street;
THENCE south along South 13th Street to West "E" Street;
THENCE west along West liE II Street to the Southern Pacific
Railroad tracks:
THENCE north along Southern Pacific Railroad tracks, following
a curve to the east of said railroad tracks:
THENCE easterly along the Southern Pac~fic Railroad tracks to
North Broadway street, to the POINT OF BEGINNING.
Election Officials:
Betty Moore
Francie Jordan
, presiding Judge
, Alternate Presiding Judge
polling Place:
Election pre~inct #5
La Porte Senior High School
301 East Fairmont Parkway
La Porte, Texas 77571
Boundaries:
TRACT I
BEGINNING at the intersection of Barbour's Cut Boulevard and
North Brownell Avenue;
THENCE east along Barbour's Cut Boulevard to Donaldson Avenue:
THENCE southeasterly along Donaldson Avenue to the shoreline of
Galveston Bay:
THENCE southerly along the shoreline of Galveston Bay to the
north city limJ.t line of Shoreacres, (or the south line of
Tract I):
THENCE west along the north city limit line of Shoreacres (or
the south line of Tract I) to South Broadway street (Old
Highway 146);
THENCE north along south Broadway Street (Old Highway 146) to
East Main Street:
THENCE easterly along East Main Street to North Holmes Avenue:
THENCE northerly along North Holmes Avenue to East Madison
Street;
.
e
ORD:INAJfCB HO. 97-ll.2Q..
Page 6
THENCE west along East Madison street to North Brownell Avenue;
THENCE north along North Brownell Avenue to Barbour's Cut
Boulevard, to the POINT OF BEGINNING.
TRACT II
BEGINNING at the intersection of South Broadway Street (Old
Highway' 146) and the south city limit line of Shoreacres (or
the north line of Tract II);
THENCE easterly along the south city limit line of Shoreacres
(or the north line of Tract II) to the shoreline of Galveston
Bay;
THENCE southerly along the shoreline of Galveston Bay to the
south city limit line of La Porte (or the south line of Tract
II) ;
THENCE westerly along the south city limit line of La Porte (or
the south line of Tract II) to South Broadway street (Old
Highway 146);
THENCE north along South Broadway Street (Old Highway 146) to
the south city limit line of Shoreacres (or the north line of
Tract II) to the POINT OF BEGINNING.
Blection Officials:
Cathy Emrick
Mary Ann Trainer
, Presiding Judge
, Alternate Presiding Judge
P01linq Place:
Election Precinct #6
La Porte City Hall
604 West Fairmont Parkway
La Porte, Texas 77571
Boundaries:
BEGINNING at the intersection of West II A II Street and South
Broadway Street;
THENCE south along South Broadway Street to the south city
limit line of La Porte;
THENCE west along the south city limit line of La Porte to the
west right-of-way line of State Highway 146;
THENCE northeasterly along the west right-of-way line of state
Highway 146 to McCabe Road;
THENCE west along McCabe Road to the Southern Pacific Railroad
tracks;
.
(e
ORDINANCE NO. 97-2160
Page 7
THENCE north along the Southern Pacific Railroad tracks to
Fairmont Parkway:
THENCE west along Fairmont Parkway to the Humble Pipeline
Company right-of-way:
THENCE northeasterly along the Humble Pipeline Company right-
of-way to West Main street:
THENCE east along West Main street to the Southern Pacific
Railroad tracks:
THENCE south along the Southern Pacific Railroad tracks to West
"E" Street:
THENCE east along West "E" Street to South 13th Street:
THENCE north along South 13th Street to West "B" Street:
THENCE east along West "B" Street to State Highway 146:
THENCE north along State Highway 146 to West "A" Street:
THENCE east along West "A" Street to South Broadway Street and
the POINT OF BEGINNING.
Election Officials:
Shirley Farkas , Presiding Judge
Louise Zoller , Alternate presiding Judge
Early voting Place: La Porte City Hall
604 West Fairmont Parkway
La Porte, Texas 77571
Section 3. voting at said election, including early voting,
shall be by the use of voting machines, and the ballots of said
election shall conform to the Texas Election Code, as amended.
section 4. An Early Voting Ballot Board is hereby created to
process Early Voting results for the election and the runoff
election, if necessary.
r.h:ll"=Iotte Boudreaux
is appointed
Presiding Judge of the Early Voting Ballot Board. At least two (2)
other members of the Early Voting Ballot Board shall be appointed by
the Presiding Judge, in the same manner as the precinct election
clerks.
.
e
ORDXNARCB NO. 97-2160
paqe 8
Early Voting by personal appearance shall begin on the 19th day
and shall continue through the 4th day preceding the day of
election.
Early Voting by mail shall begin on the 45th day preceding the
date of the election, or as soon thereafter as ballots are
available, and shall continue until seven o'clock (7:00) P.M. on
election day.
Early Voting shall be conducted by a clerk for Early Voting,
namely, Sue Lenes, and the place at which the Early Voting shall be
conducted is designated as the La Porte City Hall, 604 West Fairmont
Parkway, La Porte, Texas, to which address ballot applications and
ballots voted by mail may be mailed. Early Voting by personal
appearance shall be conducted on the weekdays of the early voting
period and during the hours that the City Secretary's main business
office is regularly open for business.
\ . ~
Sec~ioD 5. The Council Conference Room_of th$~La Porte City
Hall is hereby designated as the Central Counting station to receive
all ballots cast at said election, and Sue Lenes is hereby
appointed the Presiding Judge for said Central Counting station.
Said Judge shall appoint any clerks necessary to assist in receiving
ballots and other records and in performing the other duties of said
Judge in this regard. The City Manager is hereby authorized and
directed to obtain, or cause to be obtained, the necessary
electronic tabulating equipment, to arrange for the testing thereof
as provided by law and to employ a duly qualified manager and a duly
qualified tabulation supervisor to perform the duties respectively
imposed on them by law with respect to the processing and tabulation
of ballots at the Central counting station.
.
e
ORDJ:HUCE HO. 97-2160
paqe 9
section 6. That all election materials including notice of the
election, ballots, instruction cards, affidavits and other forms
which voters may be required to sign and all early voting materials
shall be printed in both English and Spanish, or Spanish
translations thereof shall be made available in the circumstances
permitted and in the manner required by law.
Section 7. The city Secretary of the City of La Porte shall
forthwith issue Notice of said election by causing a substantial
copy of this Ordinance to be published one time in the BAYSHORE SUN,
which is hereby found and declared to be a newspaper of general
circulation in said City, not less than ten (10) days nor more than
thirty (30) days prior to the date of the said election.
Section 8. Upon a candidate tendering his application on the
form prescribed, the City Secretary shall furnish to such candidate
all information relative to the qualifications for the office being
sought; the method of placing the candidate's name on the ballot;
the amount of the required filing fee; and any other pertinent
information concerning said election.
section 9. Each candidate for the office of Mayor must be
a resident elector of the City. Each candidate for the office of
District Councilperson must also be a resident of the district for
which he files.
Section 10. The deadline for a candidate to make application
to have his name appear upon the ballot for such election, is hereby
designated and established as 5:00 o'clock P.M., Wednesday, March
19, 1997. No application shall be accepted for filing prior to
February 17, 1997. The filing fee for each candidate for the office
of councilperson is hereby established as Fifty Dollars ($50.00).
The filing fee for each candidate for the office of Mayor is hereby
.
e
ORD:CNAHCB NO. 97-2.lfllL
Page 10
established as One Hundred Dollars ($100.00). The filing fees shall
be used to defray the cost of the election, and said fees shall be
prorated and any surplus shall be refunded to said candidates. As
an alternative to paying a filing fee, a candidate may obtain a
place on the ballot by filing a petition as provided for in City of
La Porte Home Rule Charter, Article 2.04 c.3.
section 11. Said election shall be held in accordance with the
provisions of the City Charter of the City of La Porte, and the
general election laws of the state of Texas governing general and
municipal elections, so far as same may be applicable.thereto.
section 12. Immediately after said election, the officers
holding the same shall make and deliver the returns of the results
thereof and the accompanying records for use in the official canvass
to the City Council of the City of La Porte, and the City Council
shall canvass said returns at the earliest practicable time, and
shall, immediately after canvassing the returns, declare the results
of the election. The Mayor shall immediately thereafter deliver to
the candidate for whom the majority of votes has been polled for
each respective office, a certificate of election. Such elected
officials shall assume their duties within ten (10) days thereafter,
Sundays, excluded, upon their taking the oath of office.
section 13. Each and every provision, paragraph, sentence and
clause of this Ordinance has been separately considered and passed
by the City Council of the City of La Porte, Texas, and each said
provision would have been separately passed without any other
provision, and if any provision hereof shall be ineffective, invalid
or unconstitutional, for any cause, it shall not impair or affect
the remaining portion, or any part thereof, but the valid portion
shall be in force just as if it had been passed alone.
e
e
ORDINANCE NO. 97- 2160
Page 11
section 14. This Ordinance shall be in effect immediately upon
its passage and approval.
section 15. 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.
PASSED AND APPROVED this the loth day of February, 1997.
CITY OF LA PORTE
By:/~~J~
Norman Ma one, Mayor
ATTEST: ~
~-
Sue Lenes, C1ty Secretary
rz;; u!
Knox W. Ask1ns,
e
e
DECRETO NO. 97-2160
UN DECRETO QUE ORDENA LA ELECCION REGULAR ANUAL DE LA CIUDAD DE LA
PORTE; ORDENA ELECCIONES FINALES CUANDO SEA NECESARIO; DESIGNANDO LOS
DISTRITOS ELECTORALES Y LUGARES DE VOTACION; PROVEE PARA EL usa DE
MAQUINAS DE VOTACION; NOMBRA OFICIALES DE LA ELECCION; PROVEE MEDIOS Y
FECHAS PARA VOTACION TEMPRANA; PROVEE UNA PIZARRA DONDE SE ANUNCIE LOS
RESULTADOS DE LAS VOTACIONES TEMPRANAS; PROVEE LOS RESULTADOS E
INTERPRETACION DE LOS VOTOS DE DICHA ELECCION; PROVEE NOTIFICACIONES;
PROVEE FECHAS LIMITES Y COSTO DE REGISTRO DE CANDIDATOS; PROVEE UNA
CLAUSULA DE AHORRO; ASEGURA EL CUMPLIMIENTO CON LA LEY DE ASAMBLEA DE
LIBRE ACCESO; Y PROVEE LA FECHA EN LA CUAL TENDRA EFECTO.
SEA DECRETADO POR EL CONSFJO MUNICIPAL DE LA CIUDAD DE LA PORTE:
Seccion 1. Una eleccion se llevara a cabo dentro de los limites incorporados de la ciudad de La Porte,
Texas, el 3 de Mayo de 1997, dicho dia siendo el primer Sabado de Mayo de 1997, entre las siete de
la manana (7:00 A.M.) y las siete de la nache (7:00 P.M.); con el proposito de elegir los siguientes
funcionarios de la Ciudad:
Consejero Municipal General - Alcalde, por un termino de 3 anos
Consejero - Distrito 2, por un termino de 3 anos
Consejero - Distrito 3, por un termino de 3 anos
Si es necesario, elecciones finales se llevaran acabo e131 de Mayo de 1997, durante las mismas horas.
Seccion 2. Dichas elecciones seran llevadas a cabo en los siguientes lugares de votaciones de dicha
ciudad, y las siguientes personas son nombradas oficiales de dicha eleccion, es decir:
Distrito Electoral # 1
Lugar de Votacion: Lomax Elementary School
10615 North Avenue ilL"
La Porte, Texas 77571
Limites:
Comenzando en la interseccion de los rieles del tren Southern Pacific y Spencer Highway (la calle
West Main);
Desde alIi al oeste, a 10 largo de la Spencer Highway (la calle West Main) a Biq Island Slough;
Desde alli al norte, a 10 largo de sobre Big Island Slough al limite norte de la Subdivicion de
Creekmont;
e
e
Decreto No. 97-2160
Pagina 2
Desde alli al oeste sobre ellimite norte de la Subdivicion de Creekmont hasta Underwood Road;
Desde el norte sobre Underwood Road hasta los rieles del tren Southern Pacific (Southern Pacific
Railroad Track);
Desde alli hacia el sureste a 10 largo de los rieles del tren Southern Pacific siguiendo la curva hacia
el sur y continuando en direccion al sur a 10 largo de las lineas del tren Southern Pacific hasta
Spencer Highway (la calle West Main), hasta el punto del COMIENZO.
Oficiales Electorales:
Kim E. Womack
J uez que precide
Barbara Womack
Juez Suplente
Distrito Electoral # 2
Luqar de Votacion: Baker School Cafetorium
West Main Street and Underwood Road
La Porte, Texas 77571
Limites:
COMENZANDO en la interseccion de la linea central de Big Island Slough y Fairmont Parkway;
Desde el oeste sobre Fairmont Parkway hacia ellimite este de los 141 acres del San Jacinto Junior
College, siendo este mismo el limite del oeste del que era College View M. U .D., como 10
describe el articulo 8280-381, V.A.T.S.
Desde alli hacia el norte a 10 largo de la linea limite oeste, y de la parte norte de la proyeccion de
ello, de dicho (College View M.U.D) hasta Spencer Highway (West Main);
Desde alIi al este a 10 largo de Spencer Highway (la calle West Main) hasta la linea centrica de
Myrtle Creek Drive;
Desde alIi al sur a 10 largo de Myrtle Creek Drive hasta Cedarmont Drive;
Desde alli al sur sobre Cedarmont Drive hasta su interseccion con la proyeccion del oeste de la
lineas traceras de los lotes de la cuadra 17 en Fairmont Park West Seccion Uno;
Desde alii hacia el sureste a 10 larqo de las lineas traceras de la cuadra 17 en Fairmont Park West
Seccion Uno, pasando por Parkmont Drive y siguiendo las lineas traceras de la cuadra 18 de
Fairmont Park West Seccion Dos, hasta Quiet Hill Road;
.
e
Decreto No. 97-2160
Pagina 3
Desde alli al oeste sobre Quiet Hill Road a Willmont Road;
Desde alli al sur sobre Willmont Road a su interseccion con la proyeccion del oeste de las lineas
tracera de la cuadra 35 en Fairmont Park West Seccion Dos;
Desde alli al este sobre las lineas traceras de la cuadra 35 en Fairmont Park West, Seccion Dos
hacia la linea central de Roseberry Drive;
Desde alli allado norte sobre la linea central de Roseberry Drive hacia la linea central de Hillridge
Road;
Desde alii allado este sobre la linea central de Hillridge Road hacia la linea central de Big Island
Slough;
Desde alli al sur sobre la linea central de Big Island Slough a la interseccion de Fairmont Parkway,
hasta el punto del COMIENZO.
Oficiales Electorales:
Inge Browder
Juez que precide
Karen Barnhill
Juez Suplente
Distrito Electoral # 3
Lugar de votacion: Rizzuto Elementary School
3201 Farrington Boulevard
La Porte, Texas 77571
Limites:
COMENZANDO en la interseccion del derecho de paso de la tuberia de Exxon y Fairmont
Parkway;
Desde alli al oeste a 10 largo de Fairmont Parkway hasta la linea central de Big Island Slough;
Desde el norte a 10 largo de la linea central de Big Island Slough hasta la linea central de Hillridge
Road;
Hacia el oeste sobre Hillridge Road hasta la linea central de Roseberry Drive; Hacia ellado sur a
10 largo de la linea central de Roseberry Drive hasta la interseccion con la proyeccion del este de la
linea tracera de la cuadra 35 en Fairmont Park West Seccion Dos;
Desde el oeste a 10 largo de la linea tracera de la cuadra 35 en Fairmont Park Seccion Dos, hasta la
linea central de Willmont Road;
e
e
Decreto No. 97-2160
Pagina 4
Hacia e11ado norte a 10 largo de la linea central de Willmont Road, hasta la linea central de Quiet
Hill Road;
Desde ellado oeste a 10 largo de la linea central de Quiet Hill Road hasta la interseccion de la
proyeccion del sureste de la linea tracera de la cuadra 18 en Fairmont Park West Seccion Dos;
Desde el noroeste a 10 largo de la linea tracera de la cuadra 1~ en Fairmont Park West Seccion Dos,
pasando por Parkmont Drive y convirtiendose en la linea tracera de la cuadra 17 Fairmont Park
West Seccion uno hasta Cedarmont Drive;
Desde el norte a 10 largo de Cedarmont Drive hasta ,Myrtle Creek Drive;
Desde el norte a 10 largo de Myrtle Creek Drive hasta Spencer Highway (la calle West Main);
Desde el oeste a 10 largo de Spencer Highway (la calle West Main) hasta Underwood Road;
Desde el norte sobre Underwood Road allimite norte de la subdivicion de Creekmont;
Del limite este a 10 largo del limite norte de la subdivicion de Creekmont hasta Big Island Slough;
Desde el sur a 10 largo de Big Island Slough hasta Spencer Highway (la calle West Main);
Desde alli al sur a 10 largo del derecho de paso de la tuberia de Exxon hasta Fairmont Parkway,
hasta e1 punto del COMIENZO.
Oficiales Electorales:
Paula Rizzuto
Juez que Precide
Ana Estrada
Juez Suplente
Distrito Electoral # 4
Lugar de votacion: Dewalt Special Services Center
Madison and North 6th Street
La Porte, Texas 77571
LIMITES:
COMENZANDO en la interseccion de la calle North Broadway y los rieles del tren Southern
Pacific;
Desde alli al sur a 10 largo de la calle North Broadway a Barbour's Cut Boulevard;
e
e
Decreto No. 97-2160
Pagina 5
Desde alli al sur a 10 largo de Barbour's Cut Boulevard a la Avenida North Brownell;
Desde alIi al sur a 10 largo de la Avenida North Brownell a la calle East Madison;
Desde alIi al este a 10 largo de la calle East Madison a la A venida North Holmes;
Desde alIi al sur a 10 largo de la Avenida North Holmes a la calle East Main;
Desde alIi al oeste a 10 largo de la calle East Main a la calle South Broadway;
Desde alIi al sur a 10 largo de la calle South Broadway a la calle West "A";
Desde alIi al oeste a 10 largo de la calle West "A" a State Highway 146;
Desde alIi al sur a 10 largo de State Highway 146 a la calle West "B";
Desde alIi al oeste a 10 largo de la calle West "B" a la calle South 13;
Desde alIi al sur a 10 largo de la calle South 13 a la calle West "E";
Desde alIi al oeste sobre la calle West liE" hasta los rieles del tren Southern Pacific;
Desde alIi al norte a 10 largo de los rieles del tren Southern Pacific, siguiendo la curva al este de
dicho rieles de tren;
Desde alIi al este a 10 largo de los rieles del tren Southern Pacific hasta la calle North Broadway, al
punto del COMIENZO.
Oficiales de Electorales:
Betty Moore
Juez que precide
Francie Jordan
Juez suplente
Distrito Electoral # 5
Lugar de votacion: La Porte Senior High School
301 East Fairmont Parkway
La Porte, Texas 77571
Limites:
ZONA I
e
e
Decreta No. 97-2160
Pagina 6
COMENZANDO en la interseccion de Barbour's Cut Boulevard y la Avenida North Brownell;
Desde alIi al este a 10 largo de Barbour's Cut Boulevard hasta la Avenida Donaldson;
Desde alIi al sureste a 10 largo de la Avenida Donaldson hasta la linea costera de Galveston Bay;
Desde alIi al sur a 10 largo de la linea costera de Galveston Bay a la Iinea norte del Iimite de la
eiudad de Shoreaeres, (0 la Iinea sur de la Zona I);
Desde alIi al oeste a 10 largo del Iimite norte de la eiudad de Shoreaeres (0 en la linea sur de la
Zona 1) a la calle South Broadway (que fue, Highway 146);
Desde alIi al norte a 10 largo de la calle South Broadway (que fue Highway 146) a la calle East
Main;
Desde alIi al este a 10 largo de la calle East Main a la A venida North Holmes;
Desde alli al norte a 10 largo de la A venida North Holmes hasta la calle East Madison;
Desde alIi al oeste a 10 largo de la calle East Madison hasta la A venida North Brownell;
Desde alIi al norte a 10 largo de la Avenida North Brownell hasta Barbour's Cut Boulevard, hasta el
punta del COMIENZO
ZONA II
COMENZANDO en la interseccion de la calle South Broadway (que fue Hiqhway 146) y ellimite sur
de la eiudad de Shoreaeres (0 la linea norte de la Zona 11);
Desde alli al este a 10 largo del limite sur de la eiudad de Shoreaeres (0 la linea norte de la Zona II)
a la linea costera de Galveston Bay;
Desde alii al sur a 10 largo de la linea eostera de Galveston Bay hasta ellimite sur de la eiudad de La
Porte (0 la linea sur de la Zona 11);
Desde alii al oeste a 10 largo del limite sur de la eiudad de La Porte (0 la linea sur de la Zona II)
hasta la calle South Broadway (que fue, Hiqhway 146);
Desde alii al norte a 10 largo de la calle South Broadway (que fue, Hiqhway 146) hasta el sur de la
eiudad de Shoreaeres (0 la linea norte de la Zona II) al punto del COMIENZO.
e
e
Decreta No. 97-2160
Pagina 7
Oficiales Electorales:
Cathy Emrick
Iuez que precide
Mary Ann Trainer
Iuez Suplente
Distrito Electoral # 6
Lugar de Votacion: La Porte City Hall
604 West Fairmont Parkway
La Porte, Texas 77571
Limites:
COMENZANDO con la interseccion de la calle West II A II Y la calle South Broadway;
Desde alIi al sur a 10 largo de la calle South Broadway hasta ellimite sur de la ciudad de La Porte;
Desde alli al oeste a 10 largo del limite sur de la ciudad de La Porte hasta el oeste de la linea del
derecho de via de State Highway 146;
Desde alIi allado noreste a 10 largo del este de la Iinea del derecho de via de State Highway 146 a
McCabe Road;
Desde alli al oeste a 10 largo de McCabe Road hasta los rieles del tren Southern Pacific;
Desde alli al norte a 10 largo de los rieles del tren Southern Pacific hasta Fairmont Parkway;
Desde alIi al este a 10 largo de Fairmont Parkway hasta el derecho de via de Humble Pipeline
Company;
Desde alIi al noreste a 10 largo del derecho de via de Humble Pipeline Company hasta la calle West
Main;
Desde alIi al este a 10 largo de la calle West Main hasta los rieles del tren Southern Pacific;
Desde alIi al sur a 10 largo de los rieles del tren Southern Pacific hasta la calle West "E";
Desde alIi al este a 10 largo de la calle West liE" hasta la calle South 13;
Desde alIi al norte a 10 largo de la calle South 13 hastaJa calle West "B";
Desde alIi al este a 10 largo de la calle West "B" hasta State Highway 146;
e
.
Decreto No. 97-2160
Pagina 8
Desde alli al norte a 10 largo de State Highway 146 hasta la calle West "A";
Desde alli al este a 10 largo de la calle West "A" a la calle South Broadway hasta e1 punta del
COMIENZO
Oficiales Electorales:
Shirley Farkas
Iuez que precide
Louise Zoller
Iuez Suplente
Lugares de V otacion Temprana: . La Porte City Hall
604 West Fairmont Parkway
La Porte, Texas 77571
Seccion 3. La votacion en dicha eleccion, inc1uyendo la Votacion Temprana, sera con el uso de
maquinas de votacion, y la papeleta de votacion de dicha eleccion, sera conforme el Codigo
Electoral de Texas, a como ha sido enmendado.
Seccion 4. Una junta de Votacion Temprana es creada para procesar los resultados de las elecciones de
votacion temprana y si fuera necesario para votaciones finales. Charlotte Boudreaux, es nombrada como
la Iuez que Precide la Votacion Temprana. Por 10 menos otros dos miembros de la junta seran
nombrados por el juez que precide, y en la misma manera como asistente de eleccion del distrito
electoral.
Votaciones tempranas en persona comenzaran el dia 19 y continuaran hasta el dia cuarto Precediendo
la eleccion.
Votaciones tempranas por correa comenzaran el dia 45 precediendo la fecha de eleccion y continuaran
hasta las siete de la noche (7:00 P.M.) el dia de la eleccion.
Votaciones tempranas seran conducidas por la secretaria de Votaciones Tempranas, Sue Lenes, yel
lugar en el cuallas Votaciones Tempranas seran conducidas es designado como La Porte City Hall, 604
West Fairmont Parkway, La Porte, Texas, a cuya direccion las aplicaciones para las papeletas de
votacion y la votacion hecha por correa podran ser enviadas. V otaciones tempranas hechas en persona
seran conducidas en los dias designados para votaciones tempranas durante las horas que la oficina
principal de negocios de la Secretaria de la Ciudad se encuentre abierta al publico.
Seccion 5. El cuarto de conferencia del consejo de la ciudad de La Porte, esta aqui designado como la
Estacion Central de Contaduria para recibir todas las papeletas de votacion de dicha eleccion, y Sue
~ es nombrada como el Iuez que precide dicha Estacion Central de Contaduria. Dicho juez
nombrara cualquier asistente para ayudar a recibir las papeletas de votacion y otros documentos, y podra
ejecutar otros trabajos delegados por dicho juez concemientes con dicho proyecto. El administrador de
e
.
Decreto No. 97-2160
Pagina 9
la ciudad esta autorizado a obtener 0 hacer que se obtenga el equipo electronico de tabular necesario,
de ordenar la prueba de alIi en adelante como es proveido por la ley y de emplear un administrador
calificado y a un supervisor de tabulacion calificado para desempenar sus deberes respectivamente
impuestos por la ley con respecto al proceso y tabulacion de papeletas de votacion en la Estacion
Central de Contabilidad.
Seccion 6. Que todo el material de eleccion incluyendo aviso de eleccion, papeletas de votacion, tarjetas
de instrucciones, juramentos y otras formas que requieran que el votante sea requerido a firmar y todo
el material para la votacion temprana seran impresas en Ingles y Espanol, 0 la traduccion del Espanol
sera disponible en las circumstancias permitidas y en la manera que 10 requiere la ley.
Seccion 7. El Secretario de la Ciudad de La Porte emitira enseguida un aviso de dicha elecion al
hacer que una copia verdadera de este Decreto sean pubIicadas una vez en el BA YSHORE SUN, el
cual se ha encontrado y confirmado ser un Periodico de circulacion general de dicha Ciudad, no
menos de diez (10) dias 0 mas de treinta (30) dias antes de la fecha de dicha eleccion.
Seccion 8. Al entregar el candidato su aplicacion en la forma prescrita, el Secretario de la ciudad,
dara a dicho candidato toda la informacion necesaria para la calificacion de puesto que se esta
buscando; el metoda de colocar el nombre del candidato en las papeletas de votacion; la cantidad de
dinero requerido para registrarse; y cualquier otra informacion necesaria que tenga que ver con la
eleccion.
Seccion 9. Cada candidato para el puesto de Alcalde debera de ser un residente votante de la
ciudad. Cada candidato para el puesto de Consejero de Distrito, tambien debera de ser residente del
distrito por el cual se esta registrando.
Seccion 10. La fecha de vencimiento para que el candidato haga su apIicacion, para que su nombre
aparezca en las papeletas de votacion, esta aqui designada y establecida como las 5:00 P.M. (cinco
de la tarde), miercoles 19 de marzo de 1997. Ninguna aplicacion sera aceptada para registrarse
antes del 17 de febrero de 1997. EI precio del registro para cada candidato para consejero esta
establecido que sera de $50.00, (cincuenta dolares). La quota de registro para candidato para la
oficina del Alcalde esta establecida a $100.00 (cien dolares). Este dinero sera usado para costear
los gastos de la eleccion, y dicho precio sera prorrateado y si hay sobrante sera regresado a dichos
candidatos. Como altemativa para pagar el registro, el candidato puede obtener un lugar ella
papeleta de votacion alllenar una peticion proveida por'la carta constitucional del gobiemo propio
de la Ciudad de La Porte, Articulo 2.04 c.3.
Seccion 11. Dicha eleccion sera Uevada a cabo de acuerdo con las proviciones de la carta
constitucional de La Ciudad de La Porte, y las leyes de las elecciones generales del Estado de Texassde gobemando elecciones generales y elecciones municipales, siempre y cuando esto sea aplicable a
ello.
Seccion 12. Inmediatamente despues de dichas elecciones, el oficial encargado hara la entrega de
los resultados y de los documentos acompanantes para el usa de una encuesta oficial del consejo
municipal de la Ciudad de La Porte; y el Consejo Municipal de la Ciudad interpretara dichos
e
e
Decreto No. 97-2160
Pagina 10
resultados 10 mas pronto posible, e inmediatamente despues de haberlos interpretado, declararan los
resultados de la eleccion. EI Alcalde inmediatamente Ie entregara al candidato por el cualla
mayoria han votado para ca.da puesto, un certificado de eleccion. Dicho oficial elegido asumira sus
responsabilidades en los siguientes diez (10), dias, excluyendo el domingo, al haber recibido
juramento al asumir el cargo.
Seccion 13. Toda Y cada provicion, parrafo, oracion y clausula de este Decreto, ha sido considerado
separadamente y aprovado por el Consejo Municipal de la Ciudad de La Porte, Texas y ca.da dicha
provision pudo haber sido aprobada separadamente sin ninguna otra provision, y si alguna provision
de aqui en adelante no es efectiva, invalida inconstitucional, por cUalquier motivo, no impedira 0
afectara el resto de la provicion, 0 ninguna otra parte, pero la parte valida sera enforzada como si
hubiese sido aprovada separadamente.
Seccion 14. Este Decreto estara en efecto inmediatamente al ser aprovado.
Seccion 15. El Consejo Municipal encuentra, determina, recita, y declara que un aviso por escrito
con la fecha, hora, lugar y objeto de esta reunion del consejo municipal, fue puesta en un lugar
conveniente para el publico en la Municipalidad de la Ciudad con el tiempo requerido por la ley
precediendo esta reunion, como 10 es requerido por la Ley de Asamblea de Libre Acceso, Capitulo
551, clave del Gobierno de Texas, y que esta asamblea ha sido abierta al publico todo el tiempo que
es requerido por la ley durante el CUal este decreto y cualquier otro asunto haya sido discutido,
considerado y formalmente aceptado. El Consejo Municipal ratifica, aprueba, y confrrma dichos
avisos por escrito y el contenido de anunciarlo de alii en adelante.
ACEPTADO Y APROVADO este dia 10 de Febrero de 1997.
CIUDAD DE LA PORTE
TFSITFICA:~
~--
Sue Lenes, Secretaria de la Ciudad
AP~O;)~~
Knox W. Askins, Abogado de la Ciudad
.
e
REo.n FOR CITY COUNCIL AGENDA 11._
Agenda Date Requested: Fe~ 10. 1997
Requested By: Guv Rankin G. Department:
Report Resolution X
Plannina
Ordinance
Exhibits:
1.
2. Area Maps
SUMMARY & RECOMMENDATION
Decker McKim and Emery Farkas have repetitioned the City of La Porte to close, vacate, and
abandon the alley of Block 119, as well as the right-of-way of South 11th Street between
Blocks 119 & 1 20, Town of La Porte. Ordinance 96-2130, which closed the aforementioned
street & alley, has been declared null & void due to expiration of the 45 day period established
for the applicant to meet conditions stipulated therein.
Ordinance
The closures are intended to open a larger tract of land for future development. Staff has
determined that no city or franchised utilities exist in the area to be closed. In addition, staff
has reviewed and processed the request with consideration to requirements for the future
expansion of Little Cedar Bayou which lies immediately west of the proposed closings. In
order to facilitate this expansion from an existing 60' wide H.C.F.C.D. easement to a future
170' wide H.C.F.C.D. right-of-way, the applicants have consented to deed a 110' x 400' strip
out of Block 120, Town of La Porte. A survey of Little Cedar Bayou in this area was
submitted to the city at the applicant's cost to determine the actual cost for the closing.
Using the guidelines set forth in the ordinance regulating street & alley closings, the fair
market value of the alley of Block 119 has been estimated to be $10,698.24. The fair market
value of the portion of the right-of-way of S. 11th St. has been estimated to be $24,683.40.
The total value for both right-of-ways to be closed equals $35,381.64. Using the same
methodology, staff has estimated the fair market value of the 110' x 400' strip out of Block
120 for the future widening of Little Cedar Bayou to be $20,212.50. The net amount of
monies received by the city for the closings equal $15,619.14.
Staff recommends approval of this request subject to the following conditions being met
within 45 days:
1.) Payment in the amount of $15,619.14 from the applicants to the city for
the closings.
2.) Payment of all delinquent taxes owed on the property adjacent to closings.
3.) Execution of a General Warranty deed to a 110' x 400' strip of land out of
Block 120, Town of La Porte for the widening of Little Cedar Bayou.
Action Required by Council:
Consider approval of an ordinance vacating, abandoning, and closing the alley of Block 119,
Town of La Porte and the right-of-way of South 11 th St. between Blocks 119 & 120, Town
of La Porte. Said ordinance also stipulating certain prerequisites and deliverables to the City
within 45 days of passage and approval and further instructing the City Secretary to withhold
a certified copy of this ordinance until all conditions are met.
Availability of Funds: N/A
General Fund
Capital Improvement
Other
Account Number:
ADDrovedl~for City Council Aaenda
Water/Wastewater
General Revenue Sharing
Funds Available: _YES
_NO
61~ f: ~
~. c;- C1"1
Robert T. Herrera
City Manager
DATE
e
e
ORDINANCE NO. 97- 2161
AN ORDINANCE VACATING, ABANDONING AND CLOSING THE -ALLEY IN BLOCK
119, TOWN OF LA PORTE, BARRIS COUNTY, TEXAS; AND VACATING,
ABANDONING AND CLOSING A PORTION OF THE RIGHT-OF-WAY OF SOOTH 11TH
STREET, TOWN OF LA PORTE, BARRIS COUNTY, TEXAS; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of La Porte has been
requested by record owner of all of the property abutting the
hereinafter described alley in Block 119, Town of La Porte, Harris
County, Texas, to vacate, abandon, and permanently close that alley
in Block 119, Town of La Porte, Harris County, Texas; and
WHEREAS, the City Council of the City of La Porte has been
requested by record owner of all of the property abutting the
hereinafter described portion of South 11th street, Town of La
Porte, Harris County, Texas, to vacate, abandon, and permanently
close that portion of South 11th Street, Town of La Porte, Harris
County, Texas; and
WHEREAS, the City Council of the City of La Porte has
determined and does hereby find, determine and declare that the
hereinafter described alley in Block 119, Town of La Porte, Harris
County, Texas, is not suitable, needed, or beneficial to the public
as a public road, street and alley, and the closing of the
hereinafter described alley in Block 119, Town of La Porte, Harris
County, Texas, is for the protection of the public and for the
public interest and benefit, and that the hereinafter described
alley in Block 119, Town of La Porte, Harris County, Texas, should
be vacated, abandoned, and permanently closed; and
e
.
ORDINANCE NO. 97- 2161
PAGE 2
WHEREAS, the ci ty Council of the ci ty of La Porte has
determined and does hereby find, determine and declare that the
hereinafter described portion of South 11th Street, Town of La
Porte, Harris County, Texas, is not suitable, needed, or beneficial
to the public as a public road, street and alley, and the closing
of the hereinafter described portion of South 11th Street, Town of
La Porte, Harris County, Texas, is for the protection of the public
and for the public interest and benefit, and that the hereinafter
described portion of South 11th Street, Town of La Porte, Harris
County, Texas, should be vacated, abandoned, and permanently
closed.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. Under and by virtue of the power granted to the
City of La Porte under its Home Rule Charter and Chapter 253,
section 253.001, Texas Local Government Code, all of the alley in
Block 119, Town of La Porte, Harris County, Texas, and the
hereinafter described portion of South 11th Street, Town of La
Porte, Harris County, Texas, are hereby permanently vacated,
abandoned and closed by the City of La Porte, to-wit:
Tract 1: All of the alley located in Block One Hundred
Nineteen (119)., Town of La Porte, Harris County, Texas.
Tract 2: That portion of the right-of-way of South 11th
Street, Town of La Porte, Harris County, Texas, lying and
being situated between Block One Hundred Nineteen (119)
and Block One Hundred Twenty (120), Town of La Porte,
Harris County, Texas, and lying and being situated
between the south right-of-way line of West "0" Street,
and the north right-of-way line of West "E" Street, Town
of La Porte, Harris County, Texas, and containing 24,000
square feet.
.
e
ORDINANCE NO. 97-2161
PAGE 3
section 2.
The city council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the city council 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. Applicant shall
have forty-five (45) days from the effective date hereof to:
1. Pay the City of La Porte, in certified funds the sum of
$15,619.14 as partial consideration hereunder; and
2. Pay all delinquent taxes owing to all taxing agencies, on
the real prope~ty adjacent to the hereinabove described
alley, and the hereinabove described portion of South
11th Street, Town of La Porte, Harris County, Texas; and
3. Execute and deliver to the City of La Porte, a General
Warranty Deed, in form satisfactory to the City Attorney
of the City of La Porte, conveying from the record owners
thereof to the City of La Porte, a 110 foot by 400 foot
strip in Block 120, Town of La Porte, Harris County,
Texas, the metes and bounds description to be used in
such Deed to be prepared by a licensed Texas public
surveyor, and approved by the City of La Porte.
Applicant shall also furnish title evidence from a title
insurance company, and tax certificates, showing that the
grantor in said Deed has good marketable title at the
time of such conveyance, and that all delinquent taxes
owing to all taxing agencies on said property have been
paid.
e
e
ORDINANCE NO. 97-2161
PAGE 4
The City Secretary shall not issue a certified copy of this
Ordinance until each of the three above described prerequisites has
been performed.
If all of such prerequisites have not been
performed within forty-five (45) days from the effective date
hereof, this Ordinance shall be null and void.
PASSED AND APPROVED, this lOth day of February, 1997.
By:
CITY OF LA PORTE
&~~~
Mayor
ATTEST:
k~
Sue Lenes,
City Secretary
APPROVED:
t;J:ed AI
Knox W. Askins,
city Attorney
..-.
/"-
00000 jDDDODDDDD
DDDDD' . DIODDDDDODO !
D~DDD 0 O~DDDDDUD ~
DDDD~ D ODDDDDDDD ~jj
DDDDDDDD ODDDDDDDD
__ DDDDDDD DDDDDDDDD
DODD DDD DDDDDDDDD
DDD DO t DD LOCATION OF
DO D : 00 CLOSINGS
DD
DlJD
'[JD
D
D
D DO DODD
0-- ODD DODD
o DDD DODD
DD DODD
,
I
!
~
VICINITY MAP FOR SAC-96-1 0
.'.
.-,-e
I .
20' STRIP TO BE AQUIRED
90' STRIP TO BE AQUIRED
PROPOSED CLOSINGS
WEST
"D" ST. ~
I-
(f)
N.T. .
....c
-+-'
N
~,
::r:
I-
:::>
o
(f)
c:
~
~
c::
~
co
g
"6
~
~
"'"
l""\
~ l""\
';2 ~ .,.,
ti\. ti\
?"" ~ ?""
ti1 ~
~ ~
\
~
:...:.
g
(Q
-.:;j-
~
...-
-;:0
-
~
WEST II P S1.
.
::r:
(f)
.
I-
(f)
1
....c
-+-'
~
~
::r:
I-
:::>
o
(f)
96-10
-... . - . -.
-, ,
- '. . -. .
. .
"
.. .
. -
REQU. FOR CITY COUNCIL AGENDA .&.
Agenda Date Requested:
Februarv 10. 1997
Requested By:
Guv Rankin C#J,
Department:
Planning
Report
Resolution
x
Ordinance
Exhibits:
1. Utility Extension Agreement with Exhibits
SUMMARY & RECOMMENDATION
Summary
During the last quarter of 1996, G & P Office Furniture began preliminary negotiations
with the City to develop a portion of Block 119. Their site does not have utilities. If
utilities were available, the front foot fees for water and sewer that would be
collected from the proposed G & P development are $8,866. The estimated cost of
water and sewer to serve only the proposed G & P site, assuming there is no
participation by others and using grinder pump/force main for sewer service, is
$39,500 (see Exhibit B).
In regards to the water line extension, the nearest point of connection is at the
northeast corner of Block 23. A water line would have to be laid along the length of
Block 23 and 2. The water front foot fees for % of Block 23 have already been paid
(3/9/78). Since there is no potential for reimbursement from Block 23, it is
recommended that the City absorb the cost of the water line through Block 23. It
should be noted that the potential for reimbursement from Block 2 is very low. This
block is in use as a new car sales/storage area and does not have a utility demand.
In regards to the sewer line extension, the preferred route for the City is shown on the
attached Exhibit A. The route is longer and more expensive than the grinder
pump/force main which would service only G & P. This route would open
approximately 20 acres for development and hopefully avoid the need for a lift station.
Since this route is longer, it is recommended that the City pay for the engineering
expenses for the sewer line from 14th Street to SH 146. This route does involve an
aerial crossing of Little Cedar Bayou which will need to be analyzed by the City and
the Harris County Flood Control District for its impact on the floodway and floodplain.
Even if the aerial crossing is not feasible, this is still the preferred route for the long
term benefit of the City. A lift station could be placed here in lieu of the aerial
crossing.
Recommendation
After considering the various factors, staff recommends the following:
. Use the estimated cost of $39,500 to serve only G & P as the baseline
for exposure for the developer, then deduct the following:
. The City absorbs the cost of the water line through Block 23.
This is estimated to be $10,092 and is based on 460 feet (400'
blOCk. 60' right-of-way) prorated for. entire project. This
figure, $29,408, represents the estimated initial expense to the
developer. Of this amount, $8,866 is the front foot fee that
would normally be collected.
Staff also recommends that the sewer line be constructed along the route preferred
by the City. The City would pay for engineering expenses for the sewer line from
14th Street to SH 146 and would fund the difference between the developer's initial
expense (estimated to be $29,408) and the total construction cost, which is
estimated to be $112,000. The FY '96 -'97 Budget provides $200,000 for City
participation in extensions and oversizing of utilities. It should also be noted that the
City is expected to receive $15,619.14 from the street and alley closings.
The Utility Extension Agreement contains provisions that allow the developer, for a
period of ten years, to receive reimbursement from future connections to either the
water or sewer lines installed under the agreement. The reimbursements would be
collected until the difference between the developer's initial expense (estimated to be
$29,408) and the front foot fees normally collected ($8,866) has been recouped
(maximum reimbursement estimated at $20,542). These estimates would be adjusted
upward or downward after project completion and final construction costs are
established.
If we proceed with this plan, we will open up approximately 10 acres with water and
approximately 20 acres with sewer, and collect aproximately $24,600 from water
front foot fees and approximately $49,900 from sewer front foot fees (the first
$20,542 estimate reimbursed to the developer). This assumes 90% development of
the 10 and 20 acres respectively.
Action Required by Council:
Authorize the City Manager to enter into a Utility Extension Agreement with Decker
McKim (an individual), according to the recommendations set forth in this request.
Availability of Funds:
General Fund
-2L Capital Improvement
Other
VVaterIVVastewater
General Revenue Sharing
Account Number:
003-9890-725
Funds Available: X YES _NO
ApDroved for City Council Agenda
RO~~
Cit nager
~ /6 /'17
I (
DATE
- ,
UTILITY EXTENSION AGREEMENT
THE STATE OF TEXAS:
COUNTY OF HARRIS:
. . 11 th February
ThIS agreement, made this day of
97
, 19 _' by and between the
City of La Porte, herein called "City., acting herein through its
City Manaaer
(Title of Authorized Officia~
and
Decker McKim. an individual
of
Pasadena
, County of
Harris
, and State of
Texas
hereinafter called ROwner".
WITNESSETH
(1) All references to "Utility Main(s)" hereunder shall, for the purposes of this agreement,
refer to an eight inch (8") waterline extension and a twelve inch (12") sanitary sewer extension
to Owner's property as shown on Exhibit "A", attached hereto. However, Owner and City
prefer the design of a gravity flow sanitary sewer with an aerial crossing of H.C.F.C.D. Unit
No. F216-00-00 (Little Cedar Bayou) as shown on Exhibit "A", attached hereto. The City
shall provide Owner's engineer direction on this matter during design of the fInal utility plan.
The "Utility Mains" and related facilities shall be designed by a Texas registered professional
engineer. Plans and SpecifIcations shall be submitted to the City for approval as provided by
this agreement.
(2) Owner is the owner of certain property in the City of La Porte, Harris County, Texas,
identifIed as; Lots 1-8 & 25-32 of Block 119, Town of La Porte
City's utility mains do not presently extend to said property. Owner has requested City to
extend utility mains to Owner's said property.
(3) City hereby agrees to construct and install an extension of its utility main(s) to said property
commencing at the nearest existing utility main(s) of sufficient size and capacity. Thence
along/thru City of La Porte rights-of-way and/or easements to Owner's said property.
Provided, however, that should City not possess all necessary rights-of-way and/or easements to
complete said extension(s), Owner shall be solely responsible for obtaining said additional
rights-of-way and/or easements at no cost to City.
(4) Owner agrees to pay for the construction and installation of said main(s) including necessary
appurtenances in the following manner:
.
.
a) $39,000 - Benchmark cost estimated for water and sanitary sewer lines to serve the
North lh of Block 119 only.
b) Minus $10,092 - Estimated cost of the eight inch (8") water line installation through
Block 23. (total cost of 8" water line project divided by total length of water line project)
times length of water line through Block 23. This amount will be calculated and adjusted
after completion of the entire project and actual construction costs are determined.
(c) Equals $29,408 - Amount Owner agrees to pay City for construction and installation
of main(s). This amount will be adjusted after completion of the project and true up
payments will be made to Owner or City.
Owner further agrees to pay all engineering fees for survey, design, contract documents,
bidding, construction, staking, construction inspection, and preparation of As Built drawings.
However, City agrees to pay H. Carlos Smith directly for engineering fees for the design of the
sanitary sewer main along "G" Street between 141h Street and SH 146.
(5) Subject to the provisions of this agreement, City hereby agrees to the construction and
installation of utility main(s) according to the plans and specifications to be prepared by the
Owner's engineer and approved by the City. Upon completion and approval of plans and
specifications, City will place the project for bid; when bids are received they shall be tabulated
by the City and a copy of said tabulation shall be provided to City and Owner. Thereafter,
Owner shall deposit with City in escrow a sum equal to $29,408, plus a sum equal to the
estimated construction staking and inspection fees if applicable. Deposit shall be made to City
within 14 calendar days after opening of bids. When said deposit has been made by Owner,
City shall authorize construction of said extension(s). It is agreed and understood that the
deposited escrow amount made by Owner does not relieve Owner from paying for any
unforeseen costs/or cost overruns in the project that result from circumstances beyond the
control of the City.
(6) City agrees to accept the value of the extension(s) that abut said Owner's property as a pro
rata portion of the prevailing square footage and/or front footage connection charge for water
and/or sewer service against said property belonging to Owner. Owner shall be responsible for
all other customary charges.
(7) Upon execution of this agreement and compliance with. terms herein, City agrees to begin
construction thereof as soon as the same may be let for contract as herein provided. City shall
require the contractor under such contract to diligently pursue the construction of the project to
completion.
(8) In the event that other owners of property abutting the line(s) extended by Owner under this
contract, as shown by Exhibit "A" or Exhibit "B" , and incorporated by reference herein, shall
utilize the extended main(s) constructed under this agreement, by making connection thereto
under a permit from City within a period of ten (10) years from and after the date City has
accepted the construction of said facilities by the contractor, City agrees to collect from said
property owners, its prevailing square footage and/or front footage connection fees from said
property owners and to reimburse Owner the amount collected from such property owners,
until Owner has been reimbursed a maximum total of the sum paid by Owner to the City under
the terms of this agreement, less Owner's own water and/or sewer square footage and/or front
footage connection charges. These front footage fees have been calculated to be $8,866.
e
e
(9) In the event that the lowest responsible bid received is in excess of the amount the City has
budgeted for this project, the City retains the option to withdraw participation in construction of
the mains as shown on Exhibit "A" and allow the Owner to construct the facilities as shown on
Exhibit "B".
IN WITNESS WHEREOF, the Parties to these present have executed this agreement in
several counterparts, each of which' shall be deemed an original, in the year and day flI'St
mentioned above.
(Seal)
ATTEST: V
BY: ~_
(Secretary)
CITY OF LA PORTE
BY:6<.e~ \. ~
TITLE: C\ ~ ~f..
(Seal)
i!-~~
itness)
OWNER/J
BY:~~
TITLE:~(/S-r~C
~~~:r/
~?Y/~?- ~
(City Attorney). . ,
Note: City Secretary should attest. If Owner is a corporation, Secretary of Corporation should
attest.
I' 11/9- r;/~4'''- ,P~r'
?';~;lP'#"~' tfi ? ?r?/
t~--. ,
(Address/Zip Code)
\.JEST IBI s-E..4I...s..r"-~~_J(,-~ ------------5 !
-rr---------------.:-- EXfST:...E:_S.L____.____-~ '~~--S ,
! ,
i
i
i
~i
~l
~i
C\I'
~!
~!
l10Q
7 8
7
7
\.JEST leI ST.
fRONT FOOT FEES PAID
(lAST 1/2 BUlCI 23)
7 1
7
2
\.JEST Inl ST.
~ ~ ~
C/) C/) C/)
~ ~ ~
+> +> +>
""f" 7 4 ('Y') 7 3 C\.J
..... ..... .....
:c :c
~ ~
:.J :::> :::>
0 0 0
C/) C/) C/)
\.JEST lEI ST.
r;,)
r;,)
=
Q
~
Eo-:
~
~
8.7
8
\.JEST 'FI ST.
830
.
I
1""'=-
I
i
I
\JEST IG'
-------n
N. T.S.
i
!i
il
'",
!;
''''
!~
i~
....
';11:
I~
:=
I~
:-
} :.
PROPOSED . ~
Gap ii
DEVElOPMENr lIE !
. . 101111 .If' - J'Am
I
: I
I I
: I
: I
I
I~
. I~
I I~
I I ~
18
l 'i!
~ I..
I~
~
. IS
! IS
I (..
. I~
I ~
, I~
2
\0
""f"
.....
~
C/)
~.
C/)
oS:
+>
.....
.....
PROP. t 2- SAN. S1YR.
:c
~
:::>
o
C/)
AERIAL CROSSINC
EXHBTeAe
TO U.E.A./96-6704
.' \JEST IBI ST. "S-E.X1s..'f:...-'rJl'-~L___________--S
EXIST. 12 S. S. P01JIt' j" ....,mIl
---------------------------------------- -- ~
- --- .-PODirj"::s;m----~
I
.
.
I
:~
1=
.~
i~
'l!;
i; I PROP. 8" WATER UNE
j;~ V:iJ
oj I~
tt I .~
!!; ,
ii I !!Ie
iii I :t!
lOCI I~
!: '-
ra I i~
i] I '.
2 a: i~
';:" :1:
i! ! I PROP. SANITARY SEWER 1
!- I I 'WI UFT STATION
I I .
ry .
PlOPOSED .
Gap I
DEVElOPMENI'SII j 1 POINr ""-mlll
-Tr
i
i
i
i
~i
~I
a...i
C\l'
~!
~I
~i
;
i
i
I
I
I
,
i
,
I
- i
~.
c,,1
~i
~.
~I
...... ,
I
. I
=>.
ClI
(1').
I
.
I
i
i
.
I
I
.
1
i
Cfjl
~i
. .
01
co,.
~I
~i
~,
!
I
,
1
i
i
,
I
817
.
I
In
71 8
\.lEST leI ST.
7 ~1
\.lEST Inl ST.
7
4
\ \
} ~ \
/~ i/(J ~I
}tj~ 1 ;
IJr; ~
j .
,i~.
~r\:~
8, ~~ ~ 4 ~I
'JEST "G" ST. "'\ ~ 'JdfJ
~~ --fiJ
~
c"
~
~
("')
......
:c
~
=>
Cl
(I')
\JEST lEI ST.
\.lEST IF' ST,
830
71 7
c G.
t
N.T.S.
24
~
~~~
""""""'-L
-t FRONT FOOT FEES PAID 1
I (IISr 1/2 IIIAICI 23)
7
2
7 ~3
I "
~ I
~ 1/
~ 1( '!
:c
~
=>
Cl
(I')
119
l~-
II \ 1ODI'I' "s. -stnR
,
I
,
,
81 8
,
rl
I
,
,
,
,
,
,
l' 11)
.LL ~
r:d.J
I
I
I
I
I
I
I
\0
~
......
:C
v?
EXHIBO' "I.
TO U.E.A./96-6704
..e~ :ta:aDioS
'~~IiZ'~ ~~
P';A:~-~ ~
~mwENTY N.;t;!'6H9.V!,AND
~.-!::l ~~
_r~r ~ II ~.~~i2D'"
~~ J ~TY OF.~ PORE -==- =
OF . ..J:J:.:',';' "i:9. BOX ll~.~ ~
~~~ PORTE ~'XA-;il~or:;;,72-111S'~~~~
, ....~ '.~_~~~ :5~~.!1
~ ~ ~, 2a...., ~.s;g' 'lIiil!.'ll&l
.~ i!I;P~; ,~~JJ1 ..mB:iP ~
GE~~35102,~~"':
_';wv.......... ~ ~
~ --- ~ ----
~ .IIIIIIIIIJli!I ~ ~
" .
~ -' .. .....:. ....
,.i.idAME-RI
:i.:'::'fi~~~~~~
~ ......:.:.....Q
.~tji:_4 _ ~...:.
..........no;.~~
..,..~-
"r.r1:'!i!:ft!'- ~~
___Ic......:.. .~
~~.... --...
VOID~~.~YS
MCDI"I.IA'ir.ra,BANK
so~-.~
l~It:::~w.~:af ............
...i!l'j -.,. "--.--
~":> :-~ .~~-;~.
= ,'= 11!.~'1' ::I r::I ~"'II'
lIII~ ~ .-:::a;I~. t; r .ilt~JJ:..
GFNo.
335102 - E
Bank Name:
Check No:
Location:
Check Amt:
Check Date:
Closer: 217
MERCHANTS
0012771
CS
~ 2 f.i!!~
1. .~;... ,...i.~
--". ~
'~~
-~~
~':l'CI:4.~~.
.r....~ -..-.:t
~-=-..,. .-...-
-- -
~~
....w5~~
~. J
~ 1aIIiD
,i..~~
~ .-
~AMOUNT-
",*:a.__ .-...-
2/13/97,:Lc:;:;.',:~""':'!i'J $ ****~~OIr::O
,,'._, _~:,,':}. - ....,~."...-.~..:..=;:~~ .,_o..:l.!.--";!1
_~_r--"''''''' ~... :lit:., 21
...i..~~...~"1::~ 7~ ~~.KJlI
.-.' -"miiCOMPANYOFHO~ ~=
Jo;:. .~ESCROW.ACCOUNTS ~ia"~1C1
~, "-=N1~~';"'-' .. ..,~_
....."-.. "..:II" ...... ~'UiII
.__ \":.,.. '.0.. .:: .~ ,~
c~ _ .~ A" ......
~.. _0
..... .. ,_ l\o'
~.~: ~~~;~~~
AN TITLEi:OMpANY OF.:.HOUST , ,,;~: ,~ .,.;;:j,;.
.A:ifSCRtSurJCCOUNT~f~:'t~~:~~~ ~"'7":;':~~.. a'1:.r.
.... ~~~! .. ~ . ." '..:.:.;" .~~~:;j
~~;;;.;.:r.t\mpany of ~~~!Hi~Jm.~ _~'":t..-.:"~":...~_~,"!,._,,._..t.:,~:""-~.~.t"!:.
~. ~~.......li~ ...oI..__..._~n~ __ -..... r.......
4802CENTER STREEr':) DEER PAAK::rEXAS 77S38~ ~,~..';:;.-::.":.y;:;~
- ~79-191~ ~'--": ,-'~ .--=
h~,..~>.~ .u:....;;".Q._~J
'-- __-i""Zl .._.....''''-''S,~J .~.....:...
~:tlo~... ~.~Jlsii-"'~
RBD~ EIGHT DOLEm$':!OO CENTS .~ ~J
~ ;:.':t.:i:tl:l1 ~.. M?Il.':If '!!!:,lel
. ~~"IIik.or'''''''''''~ d2"'..J:I.:"~.S'tJ
~,... 1Il:tt.'IiI!:s:ot;~~~
~ =-= DA~~~~ .::=
....-...... ~ --..... ...._~
Io?"~~:'~~
~<<s
~~
.~.~
iIlItI!!l5l&7~
"__."~"'MI'I:l'~""'i!l:l!15t
.-~_;SO=O
': Ja.:~tJ 0 3~~3t= 31:
'-' ",!I.,
.4!_7",
._....,,'"
DETACH BEFORE CASHING OR DEPOSmNG CHECK
AMERICAN T1TLE COMPANY OF HOUSTON
ESCROW ACCOUNTS
4802 CENTER STREET · DEER PARK. TEXAS 77536
BANK
29,408.00
2/13/97
Seller/owner:
Buyer/Lender:
DECKER MCKIM, TRUSTEE
WILLIAM T. MOORE
PROPERTY DESCRIPTION:
Street No.: Street:
City: LA PORTE State: TX
Lot: 1-8/25-32 Block: 119
Addn: TOWN OF LA PORTE County: HARRIS
WATER/SEWER FEES
29,408.00
29,408.00
jrii.~~1"~
.ift'~~~
t:cer-=.t:lot:o- ...::Eoa
~-' .~
. ;iICCGII'-.-1I' "~
12771
. e
~EOU~ FOR CXTY COUNCXL AGENDA tIfH
Agenda Date Requested:
February 10. 1997
Department:
Resolution
Administration
Requested By:
Mavor Malone
Report
xx
Ordinance
Exhibits: Ordinance 97-2160
SUMMARY , RECOMMENDATXOH
Attached for your consideration is an ordinance appointing
Alternate Members to the City of La Porte Zoning Board of
Adjustment. There is a vacancy in the Alternate 1 position for an
unexpired term which occurred when Mr. James "Jim" Zoller was
appointed to the Planning and Zoning Commission at the City council
meeting on January 27, 1997. Council has the option to appoint an
individual who is presently serving in the Alternate 2 Position to
fill that vacancy or a new candidate may be chosen. Alternate 1
position expires May 30, 1997, and this ordinance, as presented,
gives Council the opportunity to make a decision which will extend
the Alternate 1 to May 30, ~.~~~
Action Required by Council:
1. Consider Approval Of Ordinance No. 97-2162
Availability of Funds:
General
Capital
Other
Account Number:
Fund Water/Wastewater
Improvement General Revenue Sharing
Funds Available: YES
NO
ADDroved for city council Aaenda
T. Herrera
Manager
16/f7
DATE I
Ro
ci
-;.. o;:f ...
;iJ . '\
-.
e
e
ORDINANCE NO. 97-2162
AN ORDINANCE APPOINTING ALTERNATE KEKBBRS TO THE CITY 01' LA PORTE
BOARD 01' ADJUSTMENT; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A
REPEALING CLAUSE; 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:
SectioD 1. The City Council of the City of La Porte hereby
makes the following. appointments to the Board of Adjustment of the
ci ty of La Porte, for terms expiring on May 31st of the year
indicated, or until their successors shall have been duly appointed
and qualified-:
Alternate 1
T0hn TJi:" i'..
2000
Alternate 2
Rod Rothermel
1998
SectioD 2. If any section, sentence, phrase, clause or any
part of any section, sentence, phrase, or clause, of this ordinance
shall, for any reasons, 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.
sectioD 3. All ordinances or parts of ordinances in conflict
herewith are repealed to the extent of such conflict only.
SectioD 4. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
......~.... '''''
"7' \
e
e
ORDINANCE NO. 97- 2162
PAGE 2
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. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 10th day of February, 1997.
CI~OF LA PORTE
By: ~ "Z?~'" /ll'L"/~
/N rman'L.'Malone, Mayor
ATTEST: ~ .-/
~ ~
Sue Lenes, C1ty Secretary
APPROVED:
~M
Knox W. Askl.ns,
e
.
REOU~ POR CITY COUNCIL AGENDA ~
Agenda Date Requested:
Februarv 10. 1997
Department:
Resolution
Administration
Requested By:
Mayor Malone
Ordinance
Report
xx
Exhibits: 1.) Letter from H-GAC
2.) Resolution 97-01
SUMMARY & RECOMMENDATION
Mayor Malone asked to have the attached letter from Houston
Galveston Area Council, designating city of La Porte
representatives to H-GAC' s 1997 General Assembly and Board of
Directors, placed on the agenda. Also, attached is a resolution by
the city council of the City of La Porte appointing a Delegate and
an Alternate Delegate to serve the 1997 term.
Action Required by Council:
1. Consider Approval Of Resolution NO. 97-01.
Availability of Funds:
General
Capital
Other
Account Number:
Fund Water/Wastewater
Improvement General Revenue Sharing
Funds Available: YES
NO
ADDroved for city Council Agenda
:J/t; / r7
DATE ( I
Rob
cit
.
e
.
'~
. ~.
I'
~
~
"
~
~ t
~
~
~
.
'~
:~
~
.~
,
~ ~
! ~
l
v.
o
L,
~ ;..1
,. ~
F ~
I ~
q
~ ~
hi,
~ ~
f ~.,
.' :~
. ;.
;.. :-0"
F
i' :.
r
~. "'
t'
l: ~
~ '
~ ':
~: .
RESOLUTION NO. 97-01
DESIGNATION OF B.EP.RESENTATIVFS
BOUSTON-GALVFSTON AREA COUNCn.
GENERAL ASSEMBLY ,
AND
BOARD OF DIRECl'ORS
.............................
~
~ i.
" 5
U
~
~
~
i
~
Ii
. j
H
H
~
~
BE IT RESOL VEn, by the City Council of La Porte. Texas that the following be. and they
are hereby. designated as the representative and alternate of the General Assembly of the
Houston - Galveston Area Council for the year 1997:
REPRESENTATIVE GUY SUTHERLA..~
: ~
ALTERNATE EDWARD G. "JERRY" CLARKE
FURTHER THAT, they are hereby. designated as the representative and alternate to the
I ~
H
h
. ~
c
t ~
J:
n
H
!~ .
~.
, .
Board of Directors of the Houston-Galveston Area Council for the year 1997.
THAT. the Executive Director of the Houston-Galveston Area Council be notified of the
designation of the hereinabove named delegate and alternate
r '.
~
~ .
PASSED AND ADOPTED. this the .J.QEE day of February
,1997.
, .
~ ~
;
, .
! .
~VFD:7~~
4l/~~ "
Mayor NORMAN L. MALONE
A ITEST:
~~
SUE LENES, CITY SECRETARY
.....,...~... .~. .~ '.,~.~" ,~'!
,,~.ott;bl'....;.,...,.l~......t...H........'. ~ .1n1N>...CIo..J......... """,,."'#0'\'., .....
I'.I!~ ,.~. .. .... :', I ':!"!i!~..'.TJi~': '~~.~'.,.~,;~ ~~!!I'~~!'r.:."..."'...;orJl'.lLn..,... ,...,."\~;:.:~I~!"'..:n.l-
t,
'.:
Houston-Galveston Area COl,1ncil , .Office of the Executive Director
PO Box 22777. 35551immons.. Houston,Texas 77227.2777 · 713/627-3200
Janu~ 23, 1997
Hon. Norman Malone
Mayor, City of ~ Porte
POBox 1115
La Porte, TX 77~72-1115
~.
Dear~:
.. -
I am writing regarding designation of your. city's. representatives to H-GAC's 1997
General Assembly and Board ,of Directors.
H-GAC's Bylaws authorize each member city with a population of at least 25,000 but
not in excess of 99,999 accotding to the la&t pre~eding Federal Census (1990) to select one
member of its governing body as its representative and one member of its governing body as an
alternate to the Houston-Galveston Ar~a Council General Asse~bly.
H-GAC's 'Bylaws also stipulate that y,our Board of Directors representative s~al1 be the
General Assembly delegate. Therefo~~, ,the official chosen to serve as the' Gen~ral Assembly
representative will also ~e designated)o serv~ on H-GAC's Board of Directors.
, , .
I h;ive enclosed theal?propriate form for your convenience.
If more information concerning General Assembly and Board of Directors membership
would be useful, ple'ase contact me or Mary Ward of the staff. Tp.anks for your belp in
selecting H-GAC's 1997 Genera! Assembly and Board of Directors. ' ,
Sincerely, ,
~
Jack Steele
JS:jp
Enclosure
xc: City Secretary
ft
t..,
ReCycled
e
e
REOUE. FOR CITY COUNCIL AGENDA.
Agenda Date Requested:
February 10. 1997
Department:
Resolution
Administration
Requested By:
Mavor Malone
Report
xx
Ordinance
Exhibits: 1.)
2. )
3. )
Letter from Mayor Wilson Archer City of Humble
Resolution No. 97-457 (City of Humble)
Resolution No. 97-02
SUMMARY & RECOMMENDATION
Mayor Malone asked to have the attached letter from Mayor Wilson
Archer, City of Humble, placed on the agenda for the February 10,
1997 City Council meeting. Also, attached is a copy of the
resolution passed by the Humble City Council on January 22, 1997.
The City of Humble has asked for a resolution from sister cities
supporting their efforts seeking the passage of legislation to
allow member communities in Harris County Metropolitan Rapid
Transit Authority (METRO) to withdraw from the Authority.
Action Required by Council:
1. Consider Approval Of Resolution NO. 97-02.
Availability of Funds:
General
Capital
Other
Account Number:
Fund Water/Wastewater
Improvement General Revenue Sharing
Funds Available: YES
NO
Aooroved for city Council Aaenda
r . Herrera
Manager
?flf7
DA E I
,
e
f.a'::"""~-'"'''' < <....~.~=::==;.."""'.,,..;:;::;-=;=;;--=:~:,.,;~:.::.;.--:;;-=~:.~_
diI;,o;; 'IClI'-;.1 0' '"
.
. !Ii
~ "
~ .
s
,~
~
.~
.c:
~ t'
P
r~
~~
" ~
~~
~ i"
~,
.
; ~ "'"
J~ .
~ 1
! I.
~
. .
~ ~I
:. ';
8, ,~
~> ~.
~~
~ ;;
t ~
~, ~
i 'i
h
"
'f
,- t
n
n
t" ~
~ ?
r "
i :,;
. '
, ;
. ;1
, ""
". ~ .
~. ~'.
:~
. ,
t:
j ..'
RESOLUOON
91-02
A RESOLU770N OF 71lE CITY COUNCIL OF U PORlE. HA.RRJS COUNlY. TEXAS SUPPORl1NG
LEGISU770N ro ALLOW MEMBER COMMUN111ES IN71IE lL4RRIS COUNlY METROPOUTAN
lUPID TRANS" AU71l0RlTY (METRO) ro Wl11IDlUW FROM 71lE AU11l0RlTY
. . . .
WHEREAS, the current laws of the State of Temr allow member communities in cenain metropolitan
rapid transit authorities to withdraw from an authorily by an election of the registered voters ill the unit
of election,' and
WHEREAS, the Harris County Metropolitan Rapid Transit Authority (METRO) is the only
authority with a principal municipality with a population greater than 3000, ()()() thlll is not
covered by the current state law.' and
WHEREAS, the member communities tlull are part of METRO should have the same ability to withdraw
from a metropolitan rapid transit authority as the citizens in the San Antonio, Dallas, Fort Worth. and
Austin authorities,' and
WHEREAS, the currelll law is a deterrelll to new member communities joining METRO since 110
withdrawal provisioll exists;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE, TEXAS:
Council supports.-l/}e efforts oj the Legislalure of the Stale of Texas to amend current state law
to provide the member communities of METRO with the right and ability to withdraw from METRO,'
BE IT FURTHER RESOLVED:
Council calls upon the representatives of the member communities in METRO within the
Legislature of the State of Texas to support and actively promote such equitable legislation.
PASSED, APPROVED and ADOPTED this 10th day of Febmary, 1997. .
,
)/ ~~72 ~JI.
/ - YOii lifo~ L MALoNF-
,.I!-..."""::.;;I.....'.. ......;~..~.;...: ;UuI9t.'J..u' """.IIo~...~....y;.....:.,~lf.Ii.........,..""..".Jt ~"'I~r'~"""
_ '.onIi'lI ..' ... ....; I ~.." WIl'._ ~l!.IiI"'''': ~.~'iot. ....'" ....;~ ..I....,.'.... ..tII.:.:. ~d","..""" ~lIIp..."....,...t1 ..oil...... '. .>&Ij.........ol""'" '., .. ~...,f'IhI.,.VioO<II.1/IiI.....,jlO_..oc!l.."tIlO"W'I...4.. """'". ~. ......l.... ""ll"IlI.'. ~ '.~' ,.., .
I
;.
~
i
s
~.
~
.'
~'
~
~
~
~
~
#
q
n
H
~ ?
~ l
, I
H
q
~ i
~
,
H
: \
. f
..1:
"
~ t
.
e
(\tu ~
lJJumbQe
p. O. BOX 1627, 114 WEST HIGGINS, HUMBLE, TEXAS 77338,(713) 446-3061
FAX:(713} 446-7843
WILSON ARCHER
COUNCIL MEMBERS
ROBERT KILLION
BYRON CALF'EE
ALLEN LEE
DAVID R, PIERCE
DONALD G, McMANNES
MAYOR
CITY MANAGER
JAMES BAKER
January 20, 1997
CITY SECRETARY
GEORGIA FIELDS
City of La Porte
Mayor Norman Malone
P. O. Box 1.1.1.5
La Porte, Texas 77572-1.11.5
Re: Proposed Legislation
Metropolitan Transit Authority
Dear Mayor Malone:
In this session of the Legislature of the State of Texas, many bills and resolutions will be up for
consideration that will affect not only the citizens of a specific legislative district but also Texans
statewide. Such is the case with legislation being proposed by the City of Humble.
Through its representatives, the City of Humble is proposing legislation to amend state law to provide
the units of election ofthe Houston Metropolitan Rapid Transit Authority (METRO) with the right
and ability to withdraw from the Houston METRO.
This has become necessary due to the current situation that exists between Houston METRO and the
City of Humble.
Historically, Humble never voted to participate in Houston METRO. In fact, Humble was given
absolutely no choice in the matter. In 1.978, when METRO was being created, over 30 cities in Harris
County voted whether to participate in METRO. Of these, 13 cities and the City of Houston voted
to participate and opted in. However, the City of Humble did not, voting by a margin of 3 to 1. not to
be a part of METRO. In 1.956, utilizing the legally questionable technique of strip annexation, the City
of Houston annexed the bed of the San Jacinto River--Ieaping over the City of Humble in the process.
Then, in 1978, due to the fact that the San Jacinto River on the north side of Humble was now inside
Houston's city limits, METRO proponents argued th~t n~ble was thus an enclaved city within the
City of Houston and therefore it didn't make any difference how Hwnble voted--Hwnble was now
in METRO whether it wanted to be or not.
.
-
It is worth noting that as a result of METRO's actions, the City of Humble is the only city in the state
of Texas that is forced to participate in a transit authority when its own citizens voted against the
proposition by a 3 to 1 margin. This is compounded by the fact that not only is the city of Humble a
truly unwilling participant in this organization but that, under the current laws, it cannot extricate itself
from Houston METRO. This is especially a travesty when one stops to consider the fact that cit~es
located within every other transit authority in the State of Texas--including San Antonio, Dallas,
Corpus Christi, Fort Worth, Austin and EI Paso--can opt out of their transit authorities at will.
Quite simply, this is wrong, And, in addition. to the fact that Humble is an unwilling participant in
Houston METRO, there are other issues concerned.
Humble is basically a to-square-mile city whose actual population is approximately 14,000 but who
services a commercial base of approximately 150,000 people on a daily basis. Thus, Humble has to
provide the services and infrastructure required for a city of 150,000. That makes the City of
Humble's taxes just as important, if not more important, than a city the size of Houston.
Although demographics for the City of Humble reveal a population base of older citizens who would
probably not uti.lize METRO transportation services even if offered, it is still ludicrous and grossly
unfair for the Houston Metropolitan Rapid Transit Authority to take badly needed funds out of the
City of Humble when Humble is not even provided with any basic METRO services such as bus
service. Thus, it is evident that Humble does not derive any direct benefit from being an involuntary
participant in Houston METRO. Clearly, the money that is annually siphoned off by Houston.
METRO could be put to better use b y the City of Humble. Just as clearly, the citizens of Humble
should have a say in their own affairs.
We in the City of Humble would appreciate a resolution in support of our efforts from you, our fellow
municipalities, on this issue. We urge you to send a copy of your resolution to your state
representatives and state senators asking that they support the proposed legislation when it comes up
for a vote. We would also ask that you send a copy of your resolution to us, the City of Humble, as
well. We realize that this session of the Texas Legislature will undoubtedly be a busy one but this
legislation is critical to small cities both in Harris County and all over the State of Texas. Although not
every small city will want to exercise this opportunity to withdraw from their own transit authority,
fairness demands that they should have that right.
Respectfully,
~~~
Wilson Archer
Mayor
WA/js
2
01.1000-26 METRO 012097
..,
..
.
e
"..
A BILL TO BE ENTITLED
AN ACT
relating to the withdrawal of a unit of election from a metropolitan rapid transit
authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
Amend Section 451.617. Withdrawal: Alternative Method for Certain Authorities
(a) In an authority created before 1980 in which the principal municipality
has a population of [less than 1.2 million) 750.000 or areater, a unit of
election, other than the principal municipality, may withdraw from the
authority, in addition to any other manner provided by law, by a vote
of a majority of the registered voters of the unit of election at an
election on the questions of withdrawing from the authority.
SECTION 2. EMERGENCY. The importance of this legislation and the crowded
conditions of the calendars In both houses create an emergency an dan imperative
public necessity that the constitutional rule requiring bills to be read on three
several days be suspended, and this rule is hereby suspended, and that this Act
take effect and be in force from and after its passage, and it is so enacted.
, .."'
.
.
l~""SSS'Ssss.-;ss:::>..~ssss._~~'1:,-:
*
'I,
,~
t.
:'I.
x'
l'
$
~
I
Y.?
!t
:,Il.
);
,:t,
/f'
Z
:~
~.
I;
.'i
"
\,'
~
ffi
~
~
~%
t'f,
~
~
'11
'f
i'
,
'/.
\f,
Z.
.'~
~
\,.
:~
.~
'I'
','
~
I.
'I.
;~
h
{<
:Jj
~i
"J'
I.'
'Ii
'I'
I:
1,
}.
"
.
NO. 97-457
~~~%~~~=-:"=-~-ss~~...=s~~~,~~~,
''I.
'f.
f~
I'/J
.:~
;1:,
'(
~,..
0"
'"
..~
'!:.
~
~
l'
~
~
~
~
'/:
I
JR~s ~ 11tti~lt
A RESOLUTION OF THE CITY COUNCIL OF HUMBLE, HARRIS COUNTY, TEXAS
SUPPORTING LEGISLA nON TO ALLOW MEMBER COMMUNITIES IN THE
HARRIS COUNTY METROPOLITAN RAPID TRANSIT AUTHORITY (METRO) TO
WITH~F:A W FROM THE AUTHO~!TY
to
to
to
to
to
WHEREAS, the current laws of the State of Texas allow member communities In
certain metropolitan rapid transit authorities to withdraw from an authority by an
election of the registered voters In the unit of election; and
WHEREAS, the Harris County Metropolitan Rapid Transit Authority (METRO) Is the
only authority with a principal municipality with a population greater than 300,000
that Is not covered by the current state law; and
ifl
~
{'
J.
"
(f
i:
"
~,
J.
,~
:t
I
i
~
1. Council SU"ports ihe eiloris 0; the Legis!sti.::'6 of tire State of Te~3s to :~mend ilj
~ ~ ~
* current state law to provide the member communities of METRO with the right and 'f
'( ability to withdraw from METRO, and :}
% 1.
~: 2. Council calls upon the representatives of the member communities In METRO i
~:, I.
, within the Legislature of the State of Texas to support and actively promote such ,~
'~ equitable legislation. ~
~ ~
w ~
~ PASSED, APPROVED and ADOPTED this 22nd day of January, 1997. ~
, ~
t ~
~ ~
~ W~SONARCHER ~
~ ~~ ~
? ArrES~ ~
~ m
~ ~
~ Georgia Fields, City Secretary ffi
h ~
} ~
i. ~
I, If:
~ ~
1,' < ...",<,",~ .. -=--~~-c...---=--c OJ,:
,..",="",~"",. . :>::'..~=----=~~"",~___~""",.;ss:..;;sS$ss.s~~~~~~,':: : ;.;S&:~: :~-..:sssssss...~~-s,!~
WHEREAS, the member communities that are part of METRO should have the
same ability to withdraw from a metropolitan rapid transit authority as the citizens
In the San Antonio, Dallas, Fort Worth and Austin authorities, and
WHEREAS, the current law Is a deterrent to new member communities Joining
METRO since no withdrawal provision exists,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUMBLE, TEXAS:
.
.
REQUE' FOR CITY COUNCIL AGENDA 1&
Agenda Date Requested:
Februarv 10. 1997
Requested By:
Guy Rankin
Department:
Planning
Report
Resolution
x
Ordinance
Exhibits:
1. Ordinance 1501-Y
2. Area Map
SUMMARY & RECOMMENDATION
Summary
The Planning & Zoning Commission, during its December 19, 1996, meeting, held a
public hearing to receive citizen comment regarding Rezone Request #R96-008. The
request, submitted by Earl W. Wilburn, (trustee), seeks to rezone approximately 7.26
ac. out of La Porte Outlots 718 & 719. The property in question is further described
as being located in the 3800 Block of Underwood Road. The applicant seeks to have
the property rezoned from Low Density Residential (R-1) and Mid-Density Residential
(R-2) to Neighborhood Commercial (NC).
After receiving input from both proponents and opponents, the Commission voted to
recommend to Council, approval of the request.
In acting upon a zone change request, the Planning and Zoning 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 11 notices were mailed. If any replies are received, they will
be provided to Council at the February 10th, public hearing.
Recommendation
.
It
The Planning & Zoning Commission has recommended approval of Rezone Request
#R96-008.
Action Required by Council:
1. Conduct a public hearing.
2. Consider approval of Ordinance 1501- Y, amending Ordinance 1501.
Availability of Funds: N/A
General Fund
Capital Improvement
Other
Water IWastewater
General Revenue Sharing
Account Number:
Funds Available: _YES _NO
Approved for City Council Agenda
6{~~
Robert T. Herrera
City Manager
a, c;-q,
DATE
.
e
ORDINANCE NO. 1501-Y
ORDINANCE AMENDING ORDINANCE NO. 1501, MORE COMMONLY REFERRED
TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING
CLASSIFICATION OF THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED;
MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
"Section 1. The City Council of the City of La Porte hereby finds, determines
and declares that heretofore, to-wit, on the 19th day of December 19, 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 as required by the Open Meetings Law,
Chapter 551, Texas Government Code, to consider the question and the possible
reclassification of the zoning classification of the hereinafter described parcels of land.
There is attached to this Ordinance as Exhibit "A", and incorporated by reference herein
and made a part hereof for all purposes, a copy of Notice of Public Hearing which the
City Council of the City of La Porte hereby finds was properly mailed to all owners of all
properties located within two hundred feet (200') of the properties under consideration.
"Section 2. The publisher's affidavit of publication of notice of said hearing is
attached hereto as Exhibit "B", incorporated by reference herein and made a part
hereof for all purposes.
"Section 3. Subsequent to such public hearing, the Planning and Zoning
Commission of the City of La Porte met in regular session on the 19th day of
December, 1996, at 6:00 p.m., to consider the changes in classification which were the
subject of such public hearing. The City Council of the City of La Porte is in receipt of
.
e
ORDINANCE 1501-Y
Page 3
description of said parcels of land rezoned to Neighborhood Commercial is as follows,
to-wit:
La Porte Outlots 718 and 719, further described as being located
at the 3800 Block of Underwood Road.
"Section 7. 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 Zoning Map and
Classification contained in this Ordinance as amendments to City of La Porte Zoning
Ordinance No. 1501 are desirable and in furtherance of the goals and objectives stated
in the City of La Porte's comprehensive plan Ordinance No. 1501 (A), Page 3.
"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 be in effect from and after its passage and
approval.
.
e
ORDINANCE 1501-Y
Page 4
PASSED AND APPROVED THIS THE 10th DAY OF February 1997.
CITY OF LA PORTE
BY~"
o MA M 0 , ayor -.
ATTEST:
BY~~
SUE LENES,
City Secretary
. 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 Planning and Zoning Commission will conduct a public hearing
at 6:00 P.M. on the 19th 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
R96-008 which has been requested for a 7.26 acre tract in the W.M.
Jones Survey, Abstract 482, comprised of the east one-half of La
Porte Outlot 718, a portion of a closed street, and a'portion of La
Porte Outlot 719. The property in question is further described as
being located on the west side of the 3800 Block of Underwood Road,
La Porte, Texas. The request, which has been submitted by Earl W.
Wilburn, Trustee for the property owners, seeks to have the
property in question rezoned from Low-Density Residential (R-l) and
Mid-Density Residential (R-2) to Neighborhood Commercial (N.C.).
A regular meeting of the Planning and Zoning Commission 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 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
1200 Hwy. 146
Suite 180
P.O. Box 1414
f.tiE STATE,! i..:tEXAS;...~\!i!l ''''''',,;
OOUNTY or i'iA::'-~IS?C:f'",,~:~, ,
'CITY OJ: lA't ~R'rE '- '
.1.' .', .;:" .
.:' ' NOTICE OF PUBLIC HEARING
. I.. ...... ~ :..~-:~: , ~ :
. .. ,If 1 accofdance"'wlth the' provisions t
S Ordinarice.1501, the City of La Porte ZCnIn
I Ordl.,ance;' notice is hereby given that 1tI,
,La.:p,Qrt,e ;fP/arining": 'lin,,/:! Zon;nl
'Comnit~lon WI" co LiCt,~ public hearin!
at 6:00 p~in. on the 1 th day of Decembe
, 1996. ilfth~nCil hambers c;>f tpe ell
HaD, 6~, est ai t Parkway, La PortE
Texas.: Of'tih'S 'arin~ Is I
cOns~d'r' ~;e:r uest', O~:whic'
has I~ ' ,reques d , a~re frat
In,th.tW.M~'J ~ ,~' stract4B~
.oon@J.sedto..iii-> , ,1)' ~traJ .6fiifPCJrt,
O=~f1'B'!i(-.v. ., ,. Ci~ed'Sthi~8n<
~ ", ""'~pf~ ~.. :'~119~~;p~
l~qu,~ofi:ls.~~jdesCti~~ '1ls 'ti8ln!
located on the ,west Side of the 3800 BIocI
of UnderWood Road, La Porte. T~j .Th!
I' '.". .
reques,;~~!cl:J ~ ~e[l, s!-,b~jttlLl~ bY~'
W. ,W~b~rn;~~rustee"fo~ 'the' prope~
0Ml8IS, seeks 10 I)ave.~ prpperty iJ) questicr
. rezoned from Low-Density Residential (R
Before me, the undersigned authority, on thls date 1)and,Mid.Density'Residential,'(R-2)tc
h . d Neighborhood ,Comm~rcial (N.C.)....:: :
came and appeared Sandra E . Bumgarner, duly aut orlze",., ".\".~. '....l~ ".',:,;..:".".\;,:...... .
. . A regular rn8eung"of the La FOrte P1arrinc
agent of The Bayshore Sun, a seml-weekly newspaper andZoriingCormissionWillfcllowthepltiK
. hearing for the p'urpose of acti'Jg upOn ,1m
published in La Porte, Harrls County, Texas, and who Publichearind:i(emsaj{cfto~conduCt'othe
. matterS pertaining to the City COuncil.
after being duly sworn, says the attached notlce,was ,.-"........,..~.,......i'I;.'l..:,
Bayshore Sun of Decer1ber 04, 1996 ' , Citizens. wishing to,,:'address thE
pu b lis he din Th e COmmission' pro ,or c;on,during the Public
Hearing ViDl bi(r~qulred to sign In belon
the ':'leeting is ~ned. .
.
e
re
County of Harris
State of Texas
CITY OF LA PORTE
Sandra E. Bumga er
Office Manager
Sue Lene!
City Secretat;
Sworn and subscribed before me this ~ day of I~t~~
A.D. 1911 . "----- ~~ /;, d~
Notary Public
Harris County, Texas
, '.. -.~~........................................~~.....~...-:.~-.:...
EXHIBIT B
.
e
City of La Porte
Established 1892
December 20, 1996
Honorable Mayor Nonnan Malone and City Council
City of La Porte
Re: Rezoning Request #R96-008
Dear Mayor Malone:
The La Porte Planning and Zoning Commission, during its December 19, 1996, meeting,
held a public hearing to consider Rezoning Request #R96-008. The request, submitted
by Earl W. Wilburn, trustee, seeks to rezone approximately 7,26 ac. out of La Porte
Outlots 718 & 719. The property in question is further described as being located in the
3800 Block of Underwood Road. The applicant seeks to have the property rezoned from
Low Density Residential (R-1) and Mid-Density Residential (R-2) to Neighborhood
Commercial (NC).
The Planning and Zoning Commission has recommended approval of Rezone Request
#R96-008,
Respectfully Submitted,
M\YtV~u
Betty f Waters
Chairman, Planning and Zoning Commission
EXHIBIT C
r,L), Box 1115 · LaPllrte.Texasii572-1115. (71314il-5020
.
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 10th day of February, 1997, 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 #R96-008, which has been
requested for a 7.26 acre tract in the W.M. Jones Survey, Abstract
482, comprised of the east one-half of La Porte Outlot 718, a
portion of a closed street, and a portion of La Porte Outlot 719.
The property in question is further described as being located on
the west side of the 3800 Block of Underwood Road, La Porte, Texas.
The request, which has been submitted by Earl W. Wilburn, Trustee
for the property owners, seeks to have the property in question
rezoned from Low-Density Residential (R-1). and Mid-Density
Residential (R-2) 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 1)
S. In acco_rdance with' the provisions c
Onl . ~, 1, the CIty o~Porte Zonin,
lOrdi e',' tice is here oj gi~n that It II
LaPo pi _ n will o. uclapubl;r
~~,,~ E!\, .oq,P., 0 ":'.'" .,1Q~.day c
, ~eti , :;1. 97;1 uncll,Cliamber,
of the '. 'Ha .604" '.w "~";'
... ._,... .' _. ,. est ...alrmor,
~' po' ':rexas;;i11is' 'u'" Sec
oi:'ft'hea;j' . '.M', '...,.....', ~.. p,~.
l'.~., -,', I}., ,~~~!I?r~a~~ r~ques
'R9&:-OO8;, IdrhiiS"been:r.~esled to
fi'~ 7:26-,1Bt ' :~ti8i:t jil'~ihe':W.M~:; Janel
!S.'~;1~'!t8 'i.con{~~("ofthe8as
~:~-!".:r. ...~..! ,.~. .,....P. .... .......,.,.... .
~t)8Iflo! .La,.~!'t~ .QPUQI",7.18;,~a por1lor
of a c1osed,SIi88I,\anCf a~" iticiil10f OUUO'
, , I" _. "...' _Pq...,,, ...
7'9.:...~~pr,qpetlY !lr'ql.ie'sti9.'.i.li~{furthe
~aS"~1ciC8t8d Oi1:jhe W8St sidE
ofth8'3800 B1&:k'of-Uriderwd&{Fioad Lc
POrte' ;reiJ'S~tii8., uesi' 'whi'h'has ~r
I .'",)..Di' ..,r&q._,......., ..,
~Ubr,i~~:t!Y;~~ Y!~,WJ!~'!lJ'Ii,Trustee Ie
,,~,p~~~;c:rzmers.., see~.to,'~ll:ve the
prope~, I~ qU~!l~()n rezon,ed .fl'9m Low.
h d . d h' h . d Density ResldeliliaJ (R-1) and Mld-Densih
Before me, t e un ers1gne aut or1 ty, on t 1S ate ,Re.s1~~~~,a!.1~..(~ig}l~~o: N~~~~borhooC
came and appeared Sandra E. Bumgarner, duly authorized ~,~:i~~~~~:< :; ,,,..t :
agent of The Bayshore Sun, a semi-weekly newspaper }AI,;;giii8ri~i"lI:iig~ti\~Cliy'cOLincll will
... foJp.v'th~:p'u~n~h~arlng for.ftJ~ pu.rpOs~
publ1shed 1n La Porte, Harr1s County, Texas, and who 9j~=2.~~ttllllci.~e~"9iteri18i':' jlnc
. . ID ~l vu ,er ma ers pe,....n ng to the
after be1ng duly sworn, says the attached not1ce ,was ~CoUncll.,-,:,.',~' ".~~
. . J 26 1997 CilIzenswishingb'8ddresstheCityCcuncil
publ1 shed 1n The Bayshore Sun of anuary, .pro or,~ during the Public Hearing will
be r~uJred tOSlgtfln. before the meeting
is conve~ed. '
.
1200 Hwy. 146
Suite 180
P.O. BOlt 1414
The B ~
re
County of Harris
State of Texas
e
THE STA'fEOF.ir05
COUNTY OF,HARRIS' ~.~:
CITY OF LA PORTE .~.~.
. , o,,~. r. :..." "
;: '_' : ....~;,i-:'.~.,..~.,... .,.
, NOTICE OF P.UBLIC HEARING
. ~. . ..
" ClTY OF LA PORTE
~j.~
Sandra E. Bumgarner
Office Manager
~ -..- . " ""0
Sue Lenes
City Secretary
this ~ day'of 'J~,~
~ ~...,.,.,... h. ~~
Nota y Public
Harr i, ~..:.C~J.]b",.7~J'J.;.';;',~"
Sworn and subscribed before me
A.D. 1917. '
EXHIBIT E
~ I I I
ACRUGE i
(R-IJ
IClI
~
i
Cffi\~~lrlr ~(o)ffi\1O) @
~
(0)
lm:
@
(0)'
<0
I
lYYI (R-3 J
@
~
d)
AmEAG~
SMOPANG
CENTER
ACREAGE
CONOCO
meN
~~~[g{~(Q)~1 ~~[g{~W~W
Proposed Rezoning
of
Approximately 7.26 Acres
[NC] - EXISTING ZONING
.
e
J
~
.... .
.
.
REQUEST FOR CITY COUNCIL AGENDA ITEM
========================================================================
Agenda Date Requested: February 10. 1997
A~-~LI..u-
Requested By: Susan Kelley Departm~t: Administration/Purchasinq
xxx
Report
Resolution
Ordinance
Exhibits: Bid Tabulation and Bidder's List - Sealed Bid #0698
========================================================================
SUMMARY & RECOMMENDATION
Advertised, sealed bids for uniform rental and service were opened and
read on January 27, 1997. Bid request were mailed to twelve (12)
suppliers with five (5) returning bids and one (1) no-bid.
Bidder's were asked to submit firm pricing for two (2) years to furnish
and service uniforms for designated personnel, rugs, towels, and aprons,
with an option to renew for two (2) additional years.
Low bid was submitted by National Uniform Service located in Houston.
Using estimated yearly quantities, the annual contract cost would be
$38,564.76.
This is a five percent (5%) decrease from the current contract.
References submitted by National have indicated excellent service and
response time with problems.
Each department is charged according to their usage and funds have been
budgeted for this expenditure.
Action Required by Council:
Award the uniform rental and service contract to National Uniform
Service.
Availabi'lity of Funds:
-XK- General Fund
Capital Improvement
Other
xx
Water/Wastewater
General Revenue Sharing
Account Number:
Various
Funds Available: ~ YES
No
------------------------------------------------------------------------
------------------------------------------------------------------------
Approved for City Council Aqenda
~"t' t~~
Robert T. Herrera
City Manager
~- S - 41
Date
.
.
BID TABULATION - UNIFORM RENTAL AND SERVICE
Winter Jackets $20.00 $27.00 $21.00 NO BID $28.00 NO BID
(Purchase only)
1. Regular Uniforms 78 $4.51 $4.75 $4,95 $4,95 $4.75 NO BID
2. Cotton Uniforms 40 $5,60 $6.50 $6,70 $6.45 $7,30 NO BID
3. Superintendent Uniforms 7 $5.90 $6.50 $6.70 $7.80 $6.15 NO BID
4. Rugs
A.2'x3' 1 $1.10 $0,75 $1.45 $1,00 $1.50 NO BID
B.3'x5' 10 $1.75 $1,75 $1.50 $2.00 $1.75 NO BID
C. 3' x 10' 5 $3.40 $3.75 $3.50 $3,50 $2.75 NO BID
0.4' x6' 5 $2.80 $2,75 $2.50 $4,00 $3.65 NO BID
5. Shop Towels 675 $0.06 $0.05 $0.05 $0.05 $0.05 NO BID
6. Hand Towels 75 $0,15 $0.10 $0,09 $0,07 $0.20 NO BID
7. Kitchen Aprons 50 $0.25 $0,25 $0.21 $0,25 NO BID NO BID
8. Shop Aprons 9 $0,30 $0.30 $0.30 $0.25 $0.38 NO BID
9. Dust Mop Heads 8 $1,00 $0.75 $0.70 $0,75 $0.55 NO BID
WEEKLY RENTAL COST $741.63 $789.20 $806.75 $816.95 $813.12 NO BID
.
.
BIDDER'S LIST
SEALED BID #0698 - UNIFORM RENTAL & SERVICE
ADMIRAL UNIFORM SERVICE
2030 KIPLING
HOUSTON TX 77098
ARAMARK UNIFORM SERVICES
10110 CASH ROAD
STAFFORD TX 77477
BEST UNIFORM SUPPLY CO
6410 CALVALCADE
HOUSTON TX 77026
CINTAS CORPORATION
PO BOX 15126
HOUSTON TX .77220
D & G UNIFORM SERVICE
15816 LORENZO
HOUSTON TX 77530
G & K SERVICES
4626 WINDFERN
HOUSTON TX 77041
GORMAN UNIFORM SERVICE
9021 KATY FWY
HOUSTON TX 77024
NATIONAL UNIFORM SERVICE
5707 HARVEY WILSON
HOUSTON TX 77020
SHEPHERD'S UNIFORM & LINEN SUPPLY
735 LIBERTY
BEAUMONT TX 77701
SIRS UNIFORMS
7141 LAWNDALE
HOUSTON TX 77023
TRIPLE D UNIFORM
1216 HOUSTON AVE
HOUSTON TX 77007
UNIFIRST
9019 RAILWOOD DRIVE
HOUSTON TX 77078-4517
CHAMBER OF COMMERCE
PO BOX 996
LA PORTE TX 77572-0996
BAYSHORE SUN PUBLISH DATES:
JANUARY 12, 1997
JANUARY 19, 1997
'. .
MEMORANDUM FROM CITY COUNCIL
TO:
Robert T. Herrera, City Manager
FROM:
Councilmember Deods Gay
RE:
Proposed Ordinance 1000-1
Wine and/or Beer On-premise Consumption
As indicated by signature, the following Council members request that Proposed Ordinance 1000-1.
which governs wine and/or beer on-premise consumption, be returned to the table for further discussion
at a workshop meeting followed by an action item on the same agenda.
This item will placed on the Monday, February 10, 1997, regular meeting agenda.
MaYor~
~ mber - Distri: ;
-
Councilmember - District 2
Council member - District 5
Councilmember - District 6
\
&L fl1'~~
~7~osmooA
Council member At Large - Position B
'.
.
.
e
e
,L, ~""::a:~,, :)IN::;'::'.::-:TE"R'::C-O:~~OC>FE::'.,::,:LME'~ 'A:;POM. .,~"o.RRAND'.::~~;.!'Jf:~UM;~{~~~~lit"'.,:l:'~;:;<'~\;;:"
. ,. , .. ,".., ',., . ,., " .. . ,. ....,. ." " .,...' ....... .'..
~~h~1,:~~\~,tr/"'j!{lili,(fttW!r:t'?\?f*~t,~~lt~jtl;~~\,,'.~lf .;t~~:C?'
TO:
Mayor aId .ty Council
Robert , e era, City Manager
John J~ . Assistant City Manager
\1 J
Proposed (brdinance 1000-1
Re: Wine and/or Beer On-Premises Consumption
FROM:
SUBJECT:
At the Council Meeting of December 16, 1996, during discussion of a license for on-premises
consumption, staff informed Council that we would bring for their consideration, proposed
changes to Ordinance 1000. As proposed, Ordinance 1000-1 is a revision and replacement of
La Porte's on-premises Wine and/or Beer Ordinances 1000 thru 1000-HH. The following is a
summary of the proposed Ordinance 1000-1.
The initial goal was a tightening of the coordination clause between the City's Wine and/or Beer
Ordinance, Zoning Ordinance, and the Texas Alcoholic Beverage Code. The question has been
raised in the past as to whether or not a wine and/or beer license issued by Ordinance 1000
supersedes the applicability of the City's Zoning Ordinance. Tightening of the language in
Section 6 of the Ordinance should address that concern. It should be clear that for an individual
to legally sell wine and/or beer for consumption on-premises within the City of La Porte, the
property must be: 1) properly zoned; 2) properly licensed and permitted pursuant to the Wine
and/or Beer Ordinance; and 3) meet all provisions of the Texas Alcoholic Beverage Code.
The second change made is the locations permitted to sell wine and/or beer on-premises within
the City have been updated to reflect all currently existing license locations. Locations that have
gone out of business are no longer included in the Ordinance's listing. Additionally, Section 2
of the Ordinance provides much more detailed information to the City in connection with the
owner of the property, the street address and legal description of the property, the trade name
or business name of the applicant, and the name and descriptive information in connection with
the applicant for each City of La Porte license.
.
.
.
It
e
Page 2 of2
Memo to Mayor and Council
Proposed Ordinance 1000-1
The next change requires all new licenses or renewals to be processed with 1) the requirements
that 65 % of the gross income of the establishment be derived from the sale of food prepared in
an on-site kitchen; and 2) the policy guidelines of Resolution 91-12 enforced. This provision
will see that all new licenses and renewals include the same provisions. Presently, the City
renews these licenses as they were initially drafted. Therefore, some licenses include the 65 %
test and some do not. Likewise, some businesses whose licenses are renewed may not comply
with the policy guidelines in Resolution 91-12 (attached). Fortunatel y, most of the businesses
that would be subject to these provisions are no longer operating. Our research indicates that
two businesses currently holding beer and/or wine on-premises licenses will be affected by this
change;
.
Brooks Flagstop
823 West Main
Renewal Date: September 25, 1997
.
Port Auto Truck Stop
904 W. Barbour's Cut Blvd.
~enewal Date: July 6, 1997
And finally, Section 5 of the Ordinance provides that the City shall not issue or renew any
permit for the sale of on-premises consumption of wine and/or beer under the Ordinance, unless
all city and school taxes have been paid by the applicant and owner of the property covered by
the application, and unless the applicant and property owner are current on any other real or
personal property taxes located or to be operated within the City of La Porte. This language
should prevent the issuance of renewal permits to operators of wine and/or beer establishments
that are delinquent on their ad valorem taxes. The Ordinance makes it the responsibility of the
applicant to provide the City with statements showing that all ad valorem taxes are current.
Upon Council's direction, a final draft of the Ordinance will be produced and staff will prepare
a letter notifying all current license holders of the proposed Ordinance provisions.
REOUES_R CITY COUNCIl.. AGENDA ITEM e
Requested By:
10 1997
Agenda Date Requested:
Administmtion
xx Ordinance
Exhibits:
1. Ordinance No. 1000-1
2. Memo from John Joerns
SUMMARY & RECOMMENDATION
Proposed Ordinance 1000-1 was reviewed at the Council's January 27 workshop. The memo from the worlcshop package is
included here for your convenience.
As prepared, Ordinance 1000-1 is a revision and replacement of Ordinance 1000 through lOOO-HH. The following is a
summary of proposed Ordinance 1000-1:
TIle initial goal was a tightening of the coordination clause between the City's Wme and/or Beer Ordinance, Zoning Ordinance,
and the Texas Alcoholic Beverage Code. Section 6 of the Ordinance clearly provides that for an individual to legally sell wine
and/or beer for consumption on-premises within the City of La Porte. the property must be: I) properly zoned; 2) properly
licensed and pennitted pursuant to the Wine and/or Beer Ordinance; and 3) meet all provisions of the Texas Alcoholic Beverage
Code,
The second change made is the locations pennitted to sell wine and/or beer on-premises within the City have been updated to
reflect all currently existing license locations, Locations that have gone out of business are no longer included in the
Ordinance's listing. Additionally, Section 2 ofllle Ordinance provides much more detailed owner and applicant infonnation.
The next change requires all new licenses or renewals to be processed with: I) the requirements that 65% of the gross income
of the establishment be derived from the sale of food prepared in an on-site kitchen; and 2) the policy guidelines of Resolution
91-12 enforced, This provision will see that all new licenses and renewals include the same provisions, Our research indicates
that two businesses currently holding beer and/or wine on-premises licenses will be affected by this provision:
· Brooks Flagstop
823 West Main
Renewal Date: September 25, 1997
· Port Auto Truck Stop
904 W. Barbour's Cut Blvd.
Renewal Date: July6, 1997
Note: Since the 01n.7/97 workshop, the Planning Department has been
visited by Port Auto Truck Stop. They are Droposing to develop a
restaurant at their site.
And finally, Section 5 of the Ordinance provides that the City shall not issue ~ any pennit under the Ordinance, unless
all city and school taxes have been paid by the applicant and owner of the property covered by the application, and unless the
applicant and property owner are current on any other real or personal property taxes located or to be operated within the City
of La Porte,
Action Required by Council:
Approve Ordinance No. 1000-1 to replace Ordinance 1000 through lOOO-HH providing clearer more
uniform guidelines for issuing new licenses/permits or renewals for the sale of wine and/or beer
consumption on premises.
Availability of Funds:
_ General Fund_ WaterlWastewater
_ Capital Improvement_ General Revenue Sharing
Other
Account Number:
Funds Available: _ YES _ NO
';'
~
e
e
ORDINANCE NO. 1000-1
AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, DESIGNATING THE AREAS
WHERE WINE AND/OR BEER FOR CONSUMPTION ON THE PREMISES MAY BE
SOLD AND PROHIBITING THE SALE ELSEWHERE; 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 THAT ANY PERSON VIOLATING THE TERMS OF
THIS ORDINANCE, SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON
CONVICTION SHALL BE PUNISHED BY A FINE NOT TO EXCEED FIVE HUNDRED
DOLLARS ($500.00); PROVIDING A SAVINGS CLAUSE; PROVIDING THAT NO
LICENSE SHALL BE ISSUED EXCEPT FOR THE AREAS HEREIN DESIGNATED;
REAFFIRMING THE POLICIES ESTABLISHED IN RESOLUTION NUMBER 91-12;
REPEALING ORDINANCE 1000, AND ORDINANCES 1000-A THROUGH 1000-HH,
INCLUSIVE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
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 and 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 wine and/or beer
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.
i
e
e
Ordinance No.1 000-1
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 beer and food purchases. No more than two (2) audits
per year shall be required.
Section 2. That the sale of wine and/or beer shall. be permitted, but only in
association with the operation of a restaurant as defined in Section 1 above, 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 locations by retailers selling wine and/or beer for consumption on premises,
to-wit:
STREET ADDRESS OF PROPERTY: 8200 Spencer Hwy., La Porte, Harris
County, Texas
LEGAL DESCRIPTION OF PROPERTY: TR 17M, (020*TR A 1 Brookglen
Reserve A) in the W. M. Jones Survey, A0482}, Town of La Porte
PROPERTY OWNER: Dairy Queen Inv. Inc. #314, Bill Henerson Co., Inc., P. O.
Box 861168, Plana, TX 75086
NAME OF APPLICANT: Bill Henderson Co., Inc. (Wai Ping Yuen)
ADDRESS OF APPLICANT: P. O. Box 920969, Houston, TX 77292-0969
TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Barry's Feedlot
STREET ADDRESS OF PROPERTY: 823 W. Main, La Porte, Harris County, TX
LEGAL DESCRIPTION OF PROPERTY: Lots 5 & 6, Block 44, Town of La
Porte
PROPERTY OWNER: Brook's Flagstop, P. O. Box 998, La Porte, TX 77572-0998
NAME OF APPLICANT: Margaret Jo Fulmer and Alma Loyce Young
ADDRESS OF APPLICANT: P. O. Box 1775, La Porte, TX 77571
TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Brook's Flagstop
..
--
e
Ordinance No. 1000-1
Page 3
STREET ADDRESS OF PROPERTY: 1133 S. Broadway, La Porte, Harris
County, Texas
LEGAL DESCRIPTION OF PROPERTY: Lots 1-31, Block 1110, Town of La Porte
PROPERTY OWNER: Dan Cheek Investments, L. B. Walker & Assoc., P. O.
Box 16290, Houston, TX 77222-6290
NAME OF APPLICANT: Heng Fa Corporation (I Ming Charles Chow)
ADDRESS OF APPLICANT: 1710 Davon Lane, Houston, TX 77058
TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Chow's Cafe
STREET ADDRESS OF PROPERTY: 308 W. Main, La Porte, Harris County,
TX 77571
LEGAL DESCRIPTION OF PROPERTY: Lot 20 and East 8' of Lot 19, Block 58,
Town of La Porte, Harris County, TX
NAME OF APPLICANT: Elena Suarez De La Cruz
ADDRESS OF APPLICANT: 1608 3rd St., Galena Park, TX 77547
PROPERTY OWNER: J. J. Meza, P. O. Box 202, La Porte, TX 77572-0202
TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: EI Ranchero
Mexican Restaurant
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
STREET ADDRESS OF PROPERTY: 204 W. Fairmont Parkway, La Porte,
Harris County, Texas 77571-6304
LEGAL DESCRIPTION OF PROPERTY: Lots 17 & 18, Block 179, Town of La
Porte, Harris County, Texas
PROPERTY OWNER: R. H. # 12 L TO, P. O. Box 1477, La Porte, TX 77572
NAME OF APPLICANT: Las Hadas Mexican Restaurant, Inc. (Jesse Tamayo
Garcia)
ADDRESS OF APPLICANT: 204 W. Fairmont Parkway, La Porte, Harris
County, TX 77571-6304
TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Las Hadas
Mexican Restaurant, Inc.
i
-
e
Ordinance No. 1000-1
Page 4
STREET ADDRESS OF PROPERTY: 904 W. Barbours Cut Blvd., La Porte,
Harris County, Texas
LEGAL DESCRIPTION OF PROPERTY: TR 5, Block 5, Nebraska Syndicate,
Town of La Porte
PROPERTY OWNER: Fine Fair Inc., P. O. Box 806, La Porte, TX 77572-0806
NAME OF APPLICANT: Port Auto Truck Stop, (Akbarali Kasamali Momine)
ADDRESS OF APPLICANT: P. O. Box 806, La Porte, TX 77572-0806
TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Port Auto Truck
Stop
STREET ADDRESS OF PROPERTY: 110 N. Broadway, La Porte, Harris
County, Texas
LEGAL DESCRIPTION OF PROPERTY: Lots 6-13, Block 181, Town of La
Porte, Harris County, Texas
PROPERTY OWNER: Dynx Leasing c/o Gere A. Tharpe, 6002 Osborn St.,
Houston, TX 77033-1016
NAME OF APPLICANT: Qian Ai Un
ADDRESS OF APPLICANT: 14834 Sun Harbor Drive, Houston, TX 77062-2218
TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Royal China
Chinese Restaurant
STREET ADDRESS OF PROPERTY: 500 W. Main, La Porte, Harris County,
Texas '
LEGAL DESCRIPTION OF PROPERTY: Lots 21 through 23, Block 56, Town of
La Porte, Harris County, Texas
PROPERTY OWNER: Gilbert Diaz, 802 Ivy Ave., Deer Park, TX 77536-3220
NAME OF APPLICANT: Gilbert Diaz
ADDRESS OF APPLICANT: 802 Ivy Ave., Deer Park, TX 77536-3220
TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Speedy Taco
STREET ADDRESS OF PROPERTY: 10003 Spencer Hwy., La Porte, Harris
County, TX 77571-4077,
LEGAL DESCRIPTION OF PROPERTY: TR 8C, Block 2, of the W. J. Payne
Subdivision in the W. M. Jones Survey, A-482. of Harris County, TX
PROPERTY OWNER: Billy Fontenot, 10003 Spencer Hwy., La Port, TX 77571
NAME OF APPLICANT: Billy (Alfred) Fontenot
ADDRESS OF APPLICANT: 4029 Burke Rd. #3010, Pasadena, TX 77_
TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Two Cajuns Cafe
Section 3. The sale of wine and/or beer for consumption on the premises
where sold is hereby prohibited in the City of La Porte, save and except in those areas
designated in this Ordinance, or in any future amendments hereto.
i
-
e
Ordinance No. 1000-1
Page 5
Section 4. The sale of wine and/or beer by retailers, manufacturers or
distributors not for consumption on the premises where sold shall not be affected by
this Ordinance, and such sales shall be made in accordance with the general laws of
the State of Texas.
Section 5. Renewals of existing permits (as delineated in Section 2 above)
shall be subject to the terms of this ordinance, and the provisions of the.Texas Alcoholic
Beverage Code. In addition, no permit shall be issued to or renewed for a retailer
selling beer and/or wine for consumption on premises, and no permit shall be issued to
gasoline service stations, grocery stores, or combination gasoline service
station/grocery store businesses. In addition, prior to the issuance of any new permit or
renewal of an existing permit under the provisions of this Ordinance, the applicant shall
make written application to the City Secretary stating, among other requirements:
(a) His or her name;
(b) Place of residence for the preceding two (2) years;
(c) Sex;
(d) Age;
(e) Customary occupation;
(f) A statement by the applicant, verified by the City of La Porte, that all city
and school taxes have been paid by the applicant and owner of the
property covered by the application, and that the applicant and property
owner are current on their real and personal property taxes located or to be
operated within the City of La Porte;
.
-
e
Ordinance No. 1000-1
Page 6
No permit shall be issued or renewed by the City Secretary of the City of La Porte
unless all city and school taxes have been paid by the applicant and owner of the
property covered by the application, and applicant and property owner are current on their
real and personal property taxes located or to be operated within the City of La Porte.
Section 6. 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
locations, 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 businesses 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. In all future cases, new applications to the
City of La Porte and to the State of Texas by retailers selling 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
.
e
Ordinance No. 1000-1
Page 7
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.
Section 7. That hereafter no permit for the sale of wine and/or beer for
consumption on the premises where sold shall be issued or approved, save and except
in the areas designated by this Ordinance or any amendments thereto.
Section 8. The policy of the City Council of the City of LaPorte, as established
in City of LaPorte Resolution number 91-12, is hereby expressly reaffirmed and
readopted by the City of LaPorte.
Section 9. City of LaPorte Ordinance 1000, and City of LaPorte Ordinances
1 OOO-A through 1000-HH, both inclusive, are expressly repealed.
Section 10. 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 11. 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.
.
e
Ordinance No. 1000-1
Page 8
Section 12. 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 13. This Ordinance shall be effective fourteen (14) days after its
passage and approval. The City Secretary shall give notice of the passage of this
ordinance by causing the caption hereof to be published in the official newspaper of the
City of La Porte at least twice within ten (10) days after the passage of this ordinance.
Section 14. Any person, as defined in Section 1.07 (27), Texas Penal Code,
who shall violate any provision of the ordinance, shall be deemed guilty of a
misdemeanor and upon conviction shall be punished by a fine not to exceed FIVE
HUNDRED DOLLARS ($500.00).
PASSED AND APPROVED this the 10th day of February
,1997.
CITY OF LA PORTE
It
.
Ordinance No.1 000-1
Page 9
ATTEST:
s~~ ;;{' ~
Sue Lenes, City Secretary
~.
(e
~
THE BAYSHORE SUN a SUNDAY, FEBRUARY 16, Jl997
..,
. INNq ~~, +~}:;~
~ _ ~ .~<! .~~ t ~/~\:.)!
{;, ~ ",-4-- ~',""'..
~:~~~ . .:.; ~.-,. ~~';>>li:.:.t. .
l.!\N, ~bf.'D!NANCE!OF~'ij;lE(.cn:x~qF LA
~,~ORT.E~TJ:XASPP~~IGf:'JAlJNG '. THE .
.:AREAS WHEREWlNe ANOOR BEER FOR .
~:ce>N$.IJ~9N.:tBE)~~EM~~,MAY \'
~~~~~~:ftQ~~~W~~'i
~ 'OF,K';6~E'~~~&!Q'$ftCL<j,~ING;' ;
t~&5~S~~~~M="
~SHAL~'NdT":BE~c1ED::'DEFiNING
Ii: . ,~". ..... . _..r - "'I...... .......' .'1...".' ", - .
~SOURCE--OF.~ORITY: 'PftOVIDING .
. THAT:ANY.:PERSON VlOLAnNG'~THE
TERMS OFJHIS ORDINANCE. SHALl BE '
, DEEMED GUILTY OF'A MISDEMEANOR ':
AND UPON coNvlenON SHALL 'BE ',:
PUNISHED BY A ANE NOT TO EXCEED' .
. FIVE HUNDRED DOLLARS ($500.00);
. PROVIDING ,'A .; SAVINGS', CLAUSE; ..
, PROVIDING TIW" NO UCENSE SHAlL BE "
"ISSUED EXCEPT FOR. THE AREAS ;
HEREIN DESIGNATED;' REAFFIRMING':
THE POLICIES,' ESTABLISHED ,'IN '
-RESOLUTION :\\ NUMBER " 91-12;::
;'REPEALING ORDINANCE 1000, AND"
ORDINANCES 1QOO.A THROUGH 1()()().HH.:
INCLUSIVE; FINDING 'COMPLIANCE
'WITt:! jTHE OPEN MEETINGS LAW; ,
'PROVIDING A SEVERABILITY CLAUSE;
..ANDPROV1!,i~G'.F.OR, AN EFFECTIVE
I~~'~:~~"'<" '~": ' . :.:r::
;~',: ,,'. ," CITY OF LA PORTE
slNonnan L Malone
Mayol'
:'1- .
ATTEST:
slSue Lenes ,
C!tYSecr:etary
APPROVED: '
sIKnox W. AskInS
: CIty Attorney
.; .~~~,'. ~ ~....
~
~e
( ,
~,,~ - -...,. _.
WEDNESDAi FEBRUARY;19: 1m .:nm BAYSHORE SUN
~
PUBLIC NOTICE
'-.- ...,
I
,. ' - OR~INAN.CE NO. ,1~1 j
AN ORDINANCE OF THE CITY OF' L.A.!
P,ORTE. TEXAS, DESIGNATING 'THE'
CAREASWHERE WINE ANDJOR BEER FOR I
CONSUMPTION ON, THE, PREMITHS~S 1
MAY BE SOLD AND PROHIBITING E
'SALE ELSEWHERE; PROVIDING FOR,
, HOURS OF OPENING AND CLOSING; ,
~Jj'ROVIDING SALE OF WINE 'AND/OR j
'BEER FOR CONSUMPTION OFF,
PREMISES SHALL NOT BE AFFECTED;
, DEFININGISOURCE OF AUTHORITY;,
'PROVIDING THAT ANY PERSON!
VIOLATING THE TERMS OF THIS
ORD/NANCE, SHALL, BE DEEMED
GUILTY OF A, MISDEMEANOR AND
UPON CO~VICTION SHALL BE
,PUNISHED BY A FINE NOT TO EXCEED
FIV,E J:iUNDRE~ DOLLARS ($500,90); J
PROVIDING A SAVINGS CLAUSE' JI
PROV/DIN G THAT NO L1CEN, SE SHALL
!3E ISSUED EXCEp'T FOR THE AREAS '
HEREIN DE~IG"'ATE~; REAFFIRMING
THE':poi:ICTES' : ESTABLISHED . IN '
, RESOLUTION - NUMBER, ' 9f-12' I
R~I:'EALING: ORDINANCE 1000 ,AND,"
ORDINANCES 1000-A THROUGH 1000- '
HH. INCLUSIVE; FINDING COMPLIANCE ,
WITIf, THE, OPEN MEETINGS LAW' I
PRqVID/NG A SEVERABILITY CLAUSE;' i
AND PROY'DIN(3 FOR AN EFFECTIVE:
DATE, .. , " ,<., , ' ,;
, "'1
CITY OF LA PORTE
slNorman L. Malone
Mayor
. #. ; ;
\ ,'.
", ATTEST:
_, s1Sue lAioes I ; j- .
: ,City SecretuY"
. ~. .~ ''; t.' ., ~;
APPROVED:
sJKnox W. Askins
City Attorney "