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HomeMy WebLinkAbout1997-12-22 Public Hearing and Regular Meeting of City Council - .e . e MINUTES OF THE PUBLIC HEARING AND REGULAR MEETING OF LA PORTE CITY COUNCIL DECEMBER 22,1997 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, Chuck Engelken, Howard Ebow, Bob McLaughlin, Alton Porter, Deotis Gay, Jack Maxwell and Jerry Clarke. Members of Council Absent: None Members of City Executive Staff and City Employees Present: Assistant City Manager John Joerns, Assistant City Manager Jeff Litchfield, City Attorney Knox Askins, Police Chief Bobby Powell, Director of Public Works Steve Gillett, City Secretary Martha Gillett, Planning Director Guy Rankin, Director of Administrative Services Louis Rigby, Fire Chief Joe Sease, City Engineer Doug Kneupper, and City Manager's Secretary Carol Buttler. Others Present: Reverend Oliver Stillwell, Spero Pomonis, Rand Valentin, Leon Waters, Betty Waters, Mr. Watkins, Mrs. Watkins, Steve Valarius, Larry Harlen, Exxon, Bruce Ference, Exxon, John NestIeroad and a number of La Porte Citizens. 2. INVOCATION - REVEREND OLIVER STILLWELL - FIRST ASSEMBLY OF GOD Reverend Oliver Stillwell delivered the invocation. 3. CONSIDER APPROVING MINUTES OF REGULAR MEETING DECEMBER 8, 1997. Motion was made by Councilperson Clarke to approve the minutes of December 8. 1997 as presented. Second by Councilperson McLaughlin. The motion carried, 9 ayes, 0 nays. Ayes: Councilpersons Sutherland, Engelken, Ebow, McLaughlin, Porter Gay, Maxwell, Clarke, and Mayor Norman Malone. Nays: None 4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL e e City Council Meeting Minutes December 22, 1997 Page 2 Mr. Steve Valarius, 140 Hazel, La Porte, Texas addressed Council on the Sign Ordinance. Mr. Valarius advised Council the Old 146 Group was concerned about the proposed changes with regards to temporary signs. The committee does not support the proposed changes but does promote attracting new residents to La Porte. The Old 146 committee suggested if the City does allow temporary signs that the owner of the sign should place their name, address and telephone number on each sign. Mr. Joe Watkins, 111 Howald Ct. addressed Council concerning a right-of-way obstruction problem in Crescent Shores. Mr. Watkins advised this problem dates back to May 1997. 5. RECEIVE REPORT FROM EXXON REGARDING PIPELINE LEAK AT MYRTLE CREEK AND CANYON SPRINGS - R. Herrera Mr. Larry Harlen, Exxon Public Affairs Coordinator provided a detailed report of the events surrounding the pipeline leak at Myrtle Creek and Canyon Springs. Mr. Harlen informed Council that Exxon took this leak: very seriously although it was small in volume. He extended an apology from Exxon and stated they understand citizen concerns. Exxon was first contacted last Monday at 11 :45 AM by the Harris County Pollution Control indicating there were vapor indications of a hydro carbon nature coming from near the manhole cover close to the pipeline. Exxon responded immediately by terminating the product in the pipeline. This pipeline extends all the way to San Antonio. At this point the block valves were closed and that section of the line was isolated. In addition, they took the pressure off the line. All appropriate agencies were notified at this time. What was found at that point were traces of gasoline coming from the manhole cover next to that pipeline. The City of La Porte Fire Department became involved at this point and began their operations that deal with this type of problem. Mr. Harlen further reported that Exxon also detected traces in Big Island Slough. The General Land Office became involved with the operation as well. Exxon reported they got ahead of the product and prevented it from going further down the road. Leak repairs were completed by Wednesday morning and the pipe removed was sent to the lab for analysis as to why the leak occurred. Thursday consisted of clean up and Friday was largely spent on working with the agencies on site assessments and evaluations. Mr. Harlen advised there were no fatalities and citizens reported three (3) claims. There were a number of fish killed in the creek and some ducks did get in the gasoline. None of the ducks died from this event. Lastly, Mr. Harlen reported it is believed the leak: was caused by internal corrosion. Exxon is making every effort to determine the cause and will be implementing future preventative e e City Council Meeting Minutes December 22, 1997 Page 3 measures. Exxon will keep the City informed of any future information resulting from their lab studies and analysis. 6. PUBLIC HEARING - FOR THE PURPOSE OF DISCUSSING PROPOSED CHANGES TO THE CITY'S ZONING ORDINANCE REGARDING TEMPORARY SIGN REGULATIONS - G. Rankin OPEN PUBLIC HEARING The Public Hearing was opened at 6:50 P.M. REVIEW BY STAFF Planning Director Guy Rankin reviewed the summary regarding the proposed changes to the Zoning Ordinance with regards to temporary signs. He informed Council this issue dates back to May 1997. On June 2, 1997 two area home builders addressed Council and explained their belief in the difficulty to bring in new home buyers due to not being able to use directional signs to market subdivisions. The Planning and Zoning Commission was requested to provide a recommendation to Council regarding temporary signs. The Commission passed the proposed Ordinance. However, the Commission members are concerned that this proposed changed to the sign regulations is not practical and would be difficult to monitor and will not provide a viable solution to businesses that are looking to advertise in this manner. In addition, it would be difficult for staff to monitor and enforce. The Planning and Zoning Commission recommended forwarding the sign Ordinance on the belief that Council's request was for the allowance of temporary signs. However, it was the Commission's belief that their proposed Ordinance would not be in the overall benefit to the City. Mr. Rankin addressed Council questions. PUBLIC INPUT Mr. Rand Valentin addressed Council and advised that although he would like to see the Ordinance changed to allow temporary signs, he does not support this proposed Ordinance. RECOMMENDATION BY STAFF Mr. Rankin addressed the recommendation as he presented the review to City Council. e e City Council Meeting Minutes December 22, 1997 Page 4 CWSE PUBLIC HEARING The Public Hearing was closed at 7:34 P.M. 7. CONSIDER APPRO V AL OR OTHER ACTION REGARDING AN ORDINANCE AMENDING CHAYI'ER 106, SECTION 106-1 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE ZONING ORDINANCE, BY ADDING A DEFINITION OF TEMPORARY SIGNS, FURTHER AMENDING CRAYI'ER 106, ARTICLE 7 SIGNS, SECTION 106-871 ET SEQ. OF THE CODE OF ORDINANCES FO THE CITY OF LA PORTE, BY ADDING REGULATIONS RELATING TO TEMPORARY SIGNS (Ord. 1501-Z) G. Rankin Motion was made by Councilperson Guy Sutherland to reiect this Ordinance. Second by Councilperson McLaughlin. The motion carried, 8 ayes, 0 nays and 1 Abstain. Ayes: Councilpersons Sutherland, Engelken, Ebow, McLaughlin, Gay, Maxwell, Clark and Malone. Nays: None Abstain: Councilperson Porter. 8. CONSIDER APPROV AL OR OTHER ACTION REGARDING AN ORDINANCE AUTIlORIZING AND APPROVING AN AGREEMENT FOR THE SALE AND CONVEYANCE BY THE CITY OF LA PORTE OF CERTAIN REAL PROPERTY TO LA PORTE INDEPENDENT SCHOOL DISTRICT FOR PUBLIC SCHOOLHOUSE PURPOSES; AUTHORIZING THE CITY MANAGER TO EXECUTE, AND THE CITY SECRETARY TO ATTEST THE EXECUTION, OF A SPECIAL WARRANTY DEED AND OTHER NECESSARY DOCUMENTS (Ord. 97-2210) - J. Litchfield Assistant City Manager Jeff Litchfield presented summary and recommendation requesting Council to approve this Ordinance authorizing the sale of land to the La Porte Independent School District. In addition, Mr. Litchfield addressed Council questions. City Attorney Knox Askins read: ORDINANCE 97-2210 - AN ORDINANCE AUTHORIZING AND APPROVING AN AGREEMENT FOR THE SALE AND CONVEYANCE BY THE CITY OF LA PORTE OF CERTAIN REAL PROPERTY TO LA PORTE INDEPENDENT SCHOOL DISTRICT FOR PUBLIC SCHOOLHOUSE PURPOSES; AUTHORIZING THE CITY e e City Council Meeting Minutes December 22, 1997 Page 5 MANAGER TO EXECUTE, AND THE CITY SECRETARY TO ATTEST THE EXECUTION AGREEMENT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Maxwell to approve Ordinance 97-2210 as read by the City Attorney. Second by Councilperson Clarke. The motion carried, 9 ayes, 0 nays. Ayes: Councilpersons Sutherland, Engelken, Ebow, McLaughlin, Porter, Gay, Maxwell, Clark and Malone. Nays: None 9. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND MARONEY, BEISSNER AND COMPANY INC., FOR THE PROVISION OF FINANCIAL ADVISORY SERVICES; APPROPRIATING $1,000.00 TO FUND SAID CONTRACT (Ord. 97-2211)- J. Litchfield Assistant City Manager Jeff Litchfield presented summary and recommendation to City CounCil recommending this Ordinance be approved authorizing a contract with Maroney, Beissner and Company Inc. to provide Financial Advisor Fees for the five year period beginning January 1, 1998. In addition, Mr. Litchfield answered Council questions. City Attorney Knox Askins read: ORDINANCE 97-2211 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND MARONEY, BEISSNER AND COMPANY INC., FOR THE PROVISION OF FINANCIAL ADVISORY SERVICES; APPROPRIATING $1,000.00 TO FUND SAID CONTRACT; MAKING V ARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Council person Ebow to approve the Ordinance 97-2211 as read by City Attorney. Second by Councilperson Clarke. The motion carried, 9 ayes, 0 nays. Ayes: Councilpersons Sutherland, Engelken, Ebow, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone. Nays: None e e City Council Meeting Minutes December 22, 1997 Page 6 10. CONSIDER APPROVAL OR OrnER ACTION REGARDING AN ORDINANCE ALLOWING CERTAIN EMPLOYEES OF THE CITY WHO HAVE TERMINATED PREVIOUS MEMBERSHIP IN TEXAS MUNIC][PAL RETIREMENT SYSTEM, TO DEPOSIT THE SUMS SO WITHDR.AWN, PLUS ANNUAL WITHDRAWAL CHARGES, AND ALLOWING AND UNDERTAKING THE COST OF ALLOWING ANY SUCH EMPLOYEE CREDIT IN SUCH SYSTEM FOR ALL SERVICE TO WHICH SUCH EMPLOYEE HAD BEEN ENTITLED AT DATE OF SUCH WITHDRAWAL, WITH LIKE EFFECT AS IF ALL SUCH SERVICE HAD BEEN PERFORMED AS AN EMPLOYEE OF THE CITY(97-2212) - L. Rigby Director of Administrative Services Louis Rigby presented summary and recommendation requesting City Council to approve Ordinance 97-2212. Mr. Rigby also addressed Council questions. City Attorney Knox Askins read: ORDINANCE 97-2212 - AN ORDINANCE ALLOWING CERTAIN EMPLOYEES OF THE CITY WHO HA VB TERMINATED PREVIOUS MEMBERSHIP IN TEXAS MUNICIPAL RETIREMENT SYSTEM, TO DEPOSIT THE SUMS SO WITHDRAWN, PLUS ANNUAL WITHDRAWAL CHARGES, AND ALLOWING AND UNDERTAKING THE COST OF ALLOWING ANY SUCH EMPLOYEE CREDIT IN SUCH SYSTEM FOR ALL SERVICE TO WHICH SUCH EMPLOYEE HAD BEEN ENTITLED AT DATE OF SUCH WITHDRAWAL, WITH LIKE EFFECT AS IF ALL SUCH SERVICE HAD BEEN PERFORMED AS AN EMPLOYEE OF THE CITY. Motion was made by Councilperson Maxwell to approve the Ordinance as read by the City Attorney. Second by Council person Engelken. The motion carried, 9 ayes, 0 nays. Ayes: Councilpersons Sutherland, Engelken, Ebow, McLaughlin, Porter, Gay, Maxwell, Clark and Mayor Malone. Nays: None 11. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE APPROVING AND AUTHORIZING AN EXTENSION OF THE PRIME CABLE TELEVISION FRANCHISE AGREEMENT, WHICH EXPIRES ON DECEMBER 3], 1997, THROUGH JUNE 30, ]998 (Ord. 97-2213) - K. Askins e e City Council Meeting Minutes December 22, 1997 Page 7 City Attorney Knox Askins presented summary and recommendation requesting City Council approve Ordinance 97-2213. City Attorney Knox Askins read: ORDINANCE 97-2213 - AN ORDINANCE APPROVING AND AUTHORIZING AN EXTENSION OF THE PRIME CABLE TELEVISION FRANCHISE AGREEMENT, WHICH EXPIRES ON DECEMBER 31, 1997, THROUGH JUNE 30, 1998. Motion was made by Council person Porter to approve the Ordinance as read by the City Attorney. Second by Councilperson Clarke. The motion carried, 9 ayes, 0 nays. Ayes: Councilpersons Sutherland, Engelken, Ebow, McLaughlin, Porter, Gay, Maxwell, Clark and Mayor Malone. Nays: None 12. CONSIDER AWARDING POLICE DEPARTMENT VEHICLES BID TO PIllLPOT FORD - B. Powell Motion was made by Councilperson McLaughlin to approve the Ordinance as read by the City Attorney. Second by Councilperson Engelken. The motion carried, 9 ayes, 0 nays. Ayes: CounciIpersons Sutherland, Engelken, Ebow, McLaughlin, Porter, Gay, Maxwell, Clark and Mayor Malone. Nays: None 13. ADMINISTRA TIVE REPORTS Assistant City Manager John Joerns thanked Exxon for all their efforts with the Pipeline l.eak at Myrtle Creek and Canyon Springs. 14. COUNCIL ACTION Councilpersons Sutherland, Engelken, Ebow, McLaughlin, Porter, Gay, Maxwell and Clarke brought items to Council's attention. 15. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, AND 551.084, TEXAS GOVERNMENT CODE, - (CONSULT A TION WITH e e City Council Meeting Minutes December 22, 1997 Page 8 ATTORNEY, DELIBERATION REGARDING 'REAL PROPERTY, DELmERA TION REGARDING PROSPECTIVE GIFf OR DONATION, PERSONNEL MATTERS, CONFERENCE WITH EMPWYEES DELmERA TION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION) 16. CONSIDERA TION AND POssmLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION. There were no items for an Executive Session, therefore none was held. 17. ADJOURNMENT There being no further business to come before Council, the Regular Meeting was duly adjourned at 8: 19 p.m. Respectfully submitted, Lfn at/JrldJ.)idMJ Martha A. Gillett City Secretary Passed and approved on this 12th day of January, 1998 ~~~ e ,e ~ e EXXON REPORT e ,e e " e PUBLIC HEARING e e e REQuttr FOR CITY COUNCIL AG&A ITEM Agenda Date Requested: December 22, 1997 Requested By: Guy Rankin ~ Department: Planning x Report Resolution Ordinance Exhibits: 1. Proposed Temporary Sign Regulations 2. Material previously forwarded to City Council a. Memo from Raben Herrera dated 11-19-97 b. Memo from Guy Rankin dated 11-3-97 c. Letter from Planning & Zoning Commission dated 9-12-97 d. Planning & Zoning Minutes of 9-11-97 SummaI}' & Recommendation On June 2, 1997, two area home builders, addressed the City Council and explained the difficulty that builders are having bringing in new homebuyers. The builders believe the decline in new homebuyer traffic is a direct result of the City's sign regulations, which prohibit the use of directional signs to matket subdivisions (no signs, regardless of their content, are currently allowed within the City's right-of-way). Note: The number of residential units being built in La Porte has increased every year for the past five years. (homes built in 1994: 143, 1995: 154, 1996: 186, & 1997: 199.) The City Manager, on behalf of City COWlcil, submitted a letter dated June 30, 1997, to the Planning and Zoning Commission. In his letter, Mr. Herrera conveyed City Council's request of the Planning and Zoning Commission to provide a recommendation to the CoWlcil regarding the use, placement, number and pennitting of temporary advertising signs on weekends, within the City of La Porte. A response from the Commission was requested within 90 days. The Planning and Zoning Commission held a public hearing on the matter on August 21, 1997. No citizens were present for comment at that meeting and no homebuilders addressed the Commission.. After discussions, the Commission mutually agreed that it would be unfair to open the City's rights-of-way to signage for marketing subdivisions, without regard to other types of businesses that may want an opportunity to advertise in the same marmer. Legal Counsel infonned the Commission of new State legislation that gives municipalities the authority to approve, by ordinance, of signage within their rights-of-way. However, if the municipality chooses not to allow signs in the right-of-way, and signs are found to be there, the City may ticket the owner, since it is now considered a criminal act to place a sign in the right-of-way without first receiving the City's approval. The Planning and Zoning Commission directed staff to prepare an amendment to the Zoning Onlinance regarding temporary signs with no exclusions as to the content of the sign. The proposed ordinance change was fonvarded to the Chamber of Commerce Small BusineSs Committee. (please note that several small businesses are concerned that the ordinance will be amended. The current ordinance is in line with some of the committee's beliefs and they feel that no change to the ordinance is needed.) The Commission met for a Special Called Meeting on September 11, 1997, to consider a recommendation to Council on this matter. A motion was made to approve the proposed amendment with the changes discussed during the meeting and fonvard it to City Council. The motion passed by a majority vote of all members present (5-1), with ChaiIperson Waters being the only member opposed. There is, however, concern among Commission Members that this proposed change to the City's sign regulations is not practical, difficult to monitor and enforce, and will not provide a viable solution for businesses who are looking to advertise in this manner. The proposed amendment to the Zoning Ordinance that was fonvarded by the Planning & Zoning Commission follows this report. e e Action Required by Council: 1. Conduct public hearing. 2. Consider Amendments to Chapter 106 of the Code of Ordinances Relating to Temporary Signs. Availability of Funds: N/ A General Fund . Capital Improvement Other Water /W astewater General Revenue Sharing Account Number: Funds Available: Yes No Approved for City Council Agenda G?~,.. ~ Robert T. Herrera City Manager \1"\1-t.17 Date e e (f;(Q)rPY ORDINANCE NO. 1501-~ AN ORDINANCE AMENDING CHAPTER 106, SECTION 106-1 OF THE CODE OF ' ORDINANCES OF THE CITY OF LA PORTE ZONING ORDINANCE, BY ADDING A DEFINITION OF TEMPORARY SIGNS, FURTHER AMENDING CHAPTER 106, ARTICLE 7 SIGNS, SECTION ,106-871 ET SEC. OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY ADDING REGULATIONS RELATING TO TEMPORARY SIGNS; AND PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION BE FINED A SUM OF NOT MORE THAN TWO THOUSAND DOLLARS ($2,000.00) FOR EACH VIOLATION; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby finds, determines and declares that heretofore, to-wit, on the 21st day of August, 1997, at 7:00 p.m., a public hearing was held before the Planning and Zoning Commission of the City of La Porte, Texas, pursuant to due notice, to consider the question of the possible amendment of the Zoning Ordinance as herein described. There is attached to this Ordinance as Exhibit "A", and incorporated by reference herein and made a part hereof for all purposes, the publisher's affidavit of publication of notice of said hearing. Section 2. Subsequent to such public meeting, the City of La Porte Planning and Zoning Commission met in special session on September 11, 1997, at 6:00 p.m. to consider the Ordinance amendments which were the subject of such public hearing. The City Council of the City of La Porte is in receipt of the written recommendations of the City of La Porte Planning & Zoning Commission, by letter dated September 12, 1997, a true copy of which letter is attached hereto as Exhibit "8," and incorporated by reference herein, and made part hereof for all purposes. ORDINANCE NO. 151 ~ PAGE 2 · t(Q)[P)f " Section 3. The City Council of the City of La Porte hereby finds, determines and declares that on the 22nd day of December, 1997, a public hearing was held before the, City Council of the City of La Porte, Texas, pursuant to due notice, to consider the recommendation of the City of La Porte Planning and Zoning Commission. There is attached to this Ordinance as Exhibit "C", and incorporated by reference herein and made a part hereof for all purposes, the publisher's affidavit of publication of notice of said hearing. Section 4. The City Council of the City of La Porte hereby finds, determines and declares that all prerequisites of law have been satisfied, and hereby determines and declares that the amendments to Sections 106-1 and 106-871 et seq. of the Code of Ordinance of the City of La Porte are desirable and in furtherance of the goals and objectives stated in the City of La Porte's comprehensive plan. Section 5. Section 106-1 of the Code of Ordinances of t~e City of La Porte, Texas is hereby amended by adding the following definition in alphabetical sequence in said section: Temporary sign: Sign not 'to exceed 18 inches by 24 inches in size which is intended for a limited period of display. Section 6. Section 106-871 et seq of the Code of Ordinances of the City of La Porte, Texas relating to signs is hereby amended to read as follows: "ARTICLE VII. SIGNS* Sec. 106-871. General provisions. (a) All signs shall be erected, displayed and maintained in compliance with the requirements of this article and all other applicable state laws and city ordinances. If there is a conflict between the regulations of this article and a state (b) (c) (d) (e) (f) (g) ORDINANCE NO. 151 ~ PAGE 3 e (C(Q)[PV law, city ordinance, or codes adopted by ordinance, the most restrictive standard applies and controls. All signs not expressly allowed by this chapter are prohibited. No sign nor part of any sign may have lights which flash, move or rotate in such a manner as to be confused with traffic control signals or emergency vehicle signals, or in a manner that confuses, misleads or distracts traffic motorists. Beacons may not be placed on any sign or be made a part of any sign. Additionally, no sign that resembles an official traffic control sign, signal or device or that bears the words stop, go slowly, caution, danger, detour, or other wording for traffic control signs or devices may be used within the city. All signs shall be properly and continuously maintained so as not to become a safety hazard or detract from the appearance of adjoining properties. All areas immediately below and within a radius of 15 feet shall be properly maintained. This includes maintenance of all vegetation to the standards set forth in section 34-126 et seq. ... - , ...,_.", -.... '''', . ,". . ;~=, .... F ..1-....:.. -: .~. - .. \lYi.tfu~!t[~':f3xq~l?~icP.n: o.~rperrr1itted te!'TlPQ.r.~ry':s!gns, no Ne sign may be placed on or over a public right-of-way, whether used or unused, a utility easement, or on utility poles. No sign shall be located in a sight triangle so as to obstruct traffic visibility at a level between three feet and six feet as measured above adjacent road grade. Any sign in violation of any provisions of this chapter is subject to immediate removal by the city. Sec. 106-872. Portable signs. (a) Portable signs may be located in the high density residential (R-3), manufactured housing (MH), commercial recreation (CR), neighborhood commercial (NC), general commercial (GC), business industrial (81), light industrial (L1), and heavy industrial (HI) zoning districts. (b) A portable sign may not stand on any premise for more than 30 consecutive days at a time or for more than 60 days in any calendar year without a period of at least 20 intervening days. (c) Lighted portable signs shall be constructed and installed in accordance with the requirements of the city's electrical code. Portable signs with red, yellow, amber, green, or blue lights or with lights that flash, blink, or vary in intensity are prohibited. ORDINANCE NO. 15. ~ PAGE 4 e ((;cg~11 . . (d) Portable signs must comply with the setback requirements that would apply to on-premises signs in the zoning district in which the portable sign is to be located. Portable signs may not be placed on public right-of-way and may not be , placed in such a manner as to create a hazard to traffic. (e) A portable sign must be tied down or secured in a manner prescribed by the building official to ensure the safe installation of said sign. (f) A portable sign, during the required intervening periods, must be completely removed from public view. Removal of the lettering is not considered to be in compliance with this section. (g) All damaged portable signs must be removed within 48 hours of notification by the city until such sign has been repaired. (h) Portable signs shall be used for on-premises use only. (i) Nothing in this section shall apply to political advertising. m Portable signs are to be permitted through the building official of the city consistent with the provisions of this chapter. Permitted portable signs shall have securely affixed and plainly visible a sticker, in form prescribed by the city showing the date the permit was issued, and the date the permit is to expire. Portable signs shall also contain on both faces the date of expiration of the current permit. (k) Portable signs located on premises in violation of any of the provisions of this chapter, including the requirement that portable signs have attached a validly issued, current permit from the city are subject to immediate removal by the city. (I) Portable signs removed by the city in accordance with this article shall be safely and securely stored by the city. Portable signs removed and stored by the city may be redeemed by their owner upon the payment of a storage fee established by the city council and listed in appendix A. Signs not redeemed from storage may be sold by the city in accordance with laws regulating sale of abandoned property. (m) Nothing in this article shall be construed as a waiver by the city on the penal enforcement of this chapter. The remedies provided in this article shall be in addition to, and not cumulative of, other remedies the city might have as allowed in this chapter and state law. ORDINANCE NO. 1S.Z PAGE S .(C(Q)~11 Sec. 106-873. Political signs. Temporary political signs placed for the duration of an election campaign shall not be subject to the requirements of this chapter except that: (1) No political sign shall be placed within a sight triangle or in a manner which will otherwise create a traffic hazard. (2) No political sign shall be placed on or over a public right-of-way, whether used or unused, a utility easement or on utility poles. (3) All portable signs used for political advertising shall be anchored in a manner which will prevent their being blown about by a strong wind. (4) All political signs shall be removed no later than ten days after the election for which they were placed. In the case of run-off elections, political signs may' remain in place no longer ttian ten days following the run-off. Sec. 106-874. On-premises signs. (a) Freestanding on-premises signs. (1) General provisions. a. These regulations shall apply to freestanding signs only. b. Multiple reader panels mounted on a single base shall be considered to be a single sign. c. For the purposes of this section, a multitenant building shall be considered to be a single establishment and shall be restricted to freestanding advertising signage in accordance with the regulations governing such signs. d. Separate buildings located on a single piece of property may be considered to be separate business establishments with each building being eligible for freestanding advertising in accordance with these regulations. e. The number of on-premises freestanding nonadvertising signs intended to direct traffic and not exceeding six square feet in size shall not be limited by this section. . f. On-premises real estate signs are allowed and shall be exempt from all other provisions of section 106-874. ORDINANCE NO. 15' ~ . PAGE 6 _. (C(Q)[PY (2) R-1, R-2, R-3, and MH districts. a. One freestanding identification sign is permitted for townhouses, , multifamily developments, group care facilities, subdivisions, education and religious facilities. b. For a bed and breakfast facility one sign not exceeding three square feet in area and nonilluminated shall be allowed. This sign may be either mounted on the building or located in a landscaped portion of the yard. c. For a home occupation facility one sign not exceeding two square feet in area and nonilluminated shall be allowed. This sign shall be mounted flat against the wall of the principal building. d. The size of the sign may not exceed 150 square feet. e. There are no minimum yard setbacks. f. The maximum height is ~5 feet. (3) CR, NC, and GC districts. a. One freestanding advertising sign shall be permitted for each side of a commercial establishment which fronts on a developed right- of-way. b. The following size limitations apply: 1. Freestanding signs for single tenant buildings: 150 square feet. 2. Freestanding signs for single tenant buildings in a controlled access corridor: 300 square feet. 3. Freestanding signs for multitenant buildings: 350 square feet. c. The following minimum yard setbacks apply: 1 . When not adjacent to residentially zoned property, there are no minimum setbacks. 2. When adjacent to residentially zoned property, there are minimum side and rear yard setbacks of five feet. ORDINANCE NO. 15. ~ PAGE 7 e (C(Q)PV d. The following height limitations apply: 1. Freestanding signs: 45 feet. e. Freestanding signs in a controlled access corridor. 65 feet. (4) 81, L1, and HI districts. a. One freestanding advertising sign shall be permitted for each side of a commercial establishment which fronts a developed right-of- way. b. The following size limitations apply: 1. Freestanding signs for single tenant buildings: 150 square feet. . 2. Freestanding signs for single tenant buildings in controlled access corridors: 300 square feet. 3. Freestanding signs for multi-tenant buildings: 350 square feet. c. The following minimum yard setbacks apply: 1. When not adjacent to residentially zoned property, there are no minimum setbacks. 2. When adjacent to residentially zoned property, there are minimum side and rear setbacks of five feet. d. The following height limitations apply: 1. Freestanding signs: 45 feet. 2. Freestanding signs in controlled access corridors: 65 feet. (b) Attached on-premises signs. (1) General provisions. a. One attached sign per building wall may be displayed for each occupant or use on the premises. ORDINANCE NO. 15" z PAGE 8 e ~[J)r~V7 ~ . . t , b. These regulations do not apply to building addresses or supplemental signs for the purpose of identifying the apartment buildings or units. (2) R-1, R-2, and MH districts. a. The size of the sign may not exceed three square feet. b. No portion of the sign may have a luminous greater than 200 footcandles and may not move, flash, rotate or change illumination. (3) R-3, CR, NC, GC, BI, U, and HI districts. a. The cumulative size of t,he signs may not exceed 15 percent of the wall area. b. If located closer than 50 feet to an R-1, R-2, or MH district, the sign may not flash and must be designed so that it does not shine or reflect light into adjacent residences. c. One attached canopy sign may be displayed. Such sign shall not exceed 30 percent of the canopy area. Such sign must be contained within the physical limits of the canopy and shall not extend above or below the canopy. Off-premises signs. Sec. 106-875. (a) Off-premises freestanding advertising signs may be erected in the BI, U, and HI zoning districts. (b) Off-premises freestanding public service signs may be erected in the GC, BI, U, and HI zoning districts. (c) All off-premises signs shall be constructed with a single steel support pole. (d) The following size limitations shall apply to all off-premises freestanding signs: (1) In controlled access corridors, the size limitations shall be set by the Texas Highway Beautification Act. (2) On all other streets, the maximum size shall be 300 square feet and may not have more than two sign faces. (e) An off-premises sign must be located at least 50 feet from an existing freestanding on-premises sign. ORDINANCE NO. 150' --.: PAGE 9 e 0[5)' ("c3)\Vl l\.t 11.-.)1 . --" \.' ," I ' I "";-f "~-"u U (f) Off-premises signs, when illuminated, must be constructed with upward shielded directional illumination. (g) The following height limitations shall apply: (1) Off-premises public service signs: 18 feet. (2) Off-premises advertising signs: 45 feet. (h) All off-premises freestanding advertising signs shall be spaced in intervals of not less than 1,000 feet. Sec. 106-876. Subdivision marketing signs. (a) For the purpose of marketing a recorded subdivision, one on-premises freestanding sign of not more than 150 square feet for each road abutting the' respective subdivision shall be permitted, provided that such sign shall not be placed within any required yard nor within 25 feet of any property line abutting a street or road right-of-way, and further provided that such sign shall not exceed 20 feet in height. (b) For the purpose of marketing a re<;:orded subdivision, one off-premises sign of not more than 150 square feet may be permitted for each recorded subdivision in any zoning district. Such sign shall not be placed within 25 feet of any property line and shall not exceed 20 feet in height. The permit for such sign shall expire, unless renewed, two years after the date of issuance of such permit, and provided that each request for permit shall be accompanied by a license and -. permit fee posted by the respective sign hanger in the amount of $300.00 for the purpose of ensuring proper location, maintenance, and removal of the respective sign. ~_~c:.;106~~7-" . TemporarYJSigns~ (a). ,.; Subject to the provisi(~m of this section, temporary signs are prohibited except in thedqllowing instances; 1;.. ;TfeITlPorary":$ign~ ~hall be a maxim~rn; of 18' inches by. 24 inches in size and constf~cteBi of :all-we~ther corr~gated plastic sheeting with". a wooden stake or greate'i<as; sup'port. 2. Temporary,sigli1s r)1ay only be placed between the hours of 5:00 p.m. on Friqay and 7":06 p~t.rt.on. .tttefollowing; Sunday'" 3. Temporar.y;'signs: shall be:free of balloons, banners, or streamers. ORDINANCE NO. 15. Z' PAGE 10 e (b) location of temporary signs: 1. Temporary signs shall not be placed in a.manner that will interfere with a site triangle or othervyise create a traffic hazard. 2. Temporary signs may not be located within five (5) feet of the edge of any pavement. 3. Temporary signs may only be placed at the following locations within the City, with a maximum of two temporary signs permitted at anyone time at any specified intersection: SH 146 SH 146 SH 146 SH 225 SH 225 Spencer Spencer Spencer Spencer Spencer Fairmont at Fairmont (northeast, southwest & southeast corners) , at Wharton Weems (northeast & southeast corners) at McCabe (northeast corner and feeder & southeast corner of northbound SH 146 & McCabe) at Underwood (southwest corner of Underwood eastbound lane & southeast corner of Underwood eastbound lane of SH 225) at Sens (northwest and northeast corners SH 225 & southwest corner of SH 225 on westbound feeder on Sens) at Sens (northwest and northeast corners SH 225 & southwest corner of SH 225 on westbound feeder on Sens) at Sens (northwest &. southeast corners) at Valleybrook (southeast corner) at Driftwood (southeast corner) at Luella (southeast corner) at Luella (northwest corner luella, eastbound lane W. Fairmont) Driftwood (northwest corner westbound on Fairmont) Fairmont (northwest and southwest corners) Wharton Weems (northwest and southwest corners) Underwood (northeast and southeast coners) Fairmont (northwest corner of Bay Area Blvd. and eastbound lane on W. Fairmont & southeast corner of Bay Area Blvd. eastbound lane on W. Fairmont) Fairmont at S. Broadway at S. Broadway at N. "l" at Bay Area Blvd. at (c) Temporary Sign Permits: 1. No temporary sign may be erected within the city limits of the City of la Porte without a permit first having been obtained from the Building Official. ORDINANCE NO. 151 z PAGE 11 e 2. Application for temporary sign permits shall be made upon forms provided by the Building Official, and shall contain and be accompanied by information sufficient to identify the location of the proposed sign, consistent with the location criteria est~blished in section 2(c) above. 3. No person shall be issued a temporary sign permit under this section until such person has filed with the City Secretary a bond or insurance policy, or both, in the amount of $200.00 per sign approved, in form approved by the City Attorney, such bond or policy to be conditioned on the placement of temporary signs in accordance with the provisions of this ordinance, the other ordinances of the City of La Porte, and further providing for the indemnification of the city for any and all damages or liability that may accrue to or against the city by reason of the placement, maintenance, alteration. repair or removal, or defects in any temporary sign erected by or under the direction of such applicant, and further providing for the indemnification of any person who shall, while on public property or public right-of-way of the City of La Porte, incur damages for which the person erecting any such temporary sign is legally liable by reason of his act or omission in regard to erection of such temporary signage. 4. No permit issued under this ordinance shall be transferable. (d) Number of Temporary Sign Permits No permittee for a temporary sign may obtain a permit for placement of more than two (2) temporary signs at anyone particular location specified in Section 106.877(b) above with a maximum of ten (10) temporary signs per permittee, and a maximum of twq (2) temporary signs per permittee per location. (e) Further Limitations on Permit No permittee may obtain permits for location of temporary signs for more than four (4) consecutive weeks. Upon the expiration of four (4) consecutive weeks of permits for a particular permittee, no permit shall be issued by the City for any temporary signs for thirty (30) days following said four (4) consecutive week period. (f) Revocation of Permit Upon learning of any violation of this ordinance or the ordinances of the City of La Porte by any temporary sign permit holder, the building official give notice of said violation to the responsible permit holder. Two (2) or more violations of this ordinance, or other. ordinances of the City of La Porte shall result in denial of future temporary sign permits to the responsible permittee by the City of La Porte. ORDINANCE NO. 15. z PAGE 12 e See. 106 877. Sec. 106-878 Permits. (a) Any person desiring to erect or place a freestanding, attached or portable sign on any property shall first apply to the building official for a permit. With the exception of temporary sign permits as specified above, permits are I':ot required for signs less than five (5) square feet in area. Permits are not required for signs less than five square feet in area. (b) Any person applying to erect or place a freestanding sign on any property shall submit to the building official the following information: (1) A survey of the property which indicates the proposed sign location. (2) An engineered design for signs greater than eight feet in height. (3) A design of the sign and its support member for signs less than eight feet in height. (c) Permit fees shall be established by the city council and listed in appendix A. Sea. 106 878. Sec. 106-879 Enforcement. Any violation of this article shall be subject to the penalties provided in section 106-6." Section 6. Any person, as defined in Section 1.02(27) Texas Penal Code, who shall violate any provision of this Ordinance, shall be deemed guilty of a m:sdemeanor and upon conviction shall be punished by a fine not to exceed Two Thousand Dollars ($2,000.00). Each day a violation of this ordinance shall continue shall constitute a separate violation. Section 7. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, it is hereby declared to be the intention of the City of Council to have passed each section, sentence. phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. ORDINANCE NO. 15..!- PAGE 13 e ((@@rPV Section 8. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 9. This Ordinance shall become effective fourteen (14) days after its passage and approval. The City Secretary shall give notice to the passage of the notice by causing the caption to be published in the official newspaper of the City of La Porte at least twice within ten (10) days after the passage of the Ordinance. PASSED AND APPROVED THIS THE Jd-tJO DAY OF (}( ernlOe ( ,1997. CITY OF LA PORTE By: ~~ ~ t4 RMAN MALON, ayor ATTEST: B~b..1<UJ1J1J. MAR A GILLf=TT, City Secreta . CITY OF LA PORTE -(b(0)fPV :ljijiii~iilj;iijljr~;lf~i;lilfliilli[i~ljli;li\iiiiiii:liiillfl~illli;[;jiii~lili!lii~~i~i!:!j!i! ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: November 19, 1997 TO: Mayor and City Council FROM: Robert T. Herrer~ City Manager G\\~ Temporary Signs SUBJECT: I am forwarding to you a report from staff that addresses the request of City Council on June 23, 1997, for the Planning and Zoning Commission to look at developing some regulations, which would allow the permitting of temporary signs within the City on weekends. . . . There is a difference of opinion on this mattei that I must share with you. The Planning and Zoning Commission did look at the use of weekend real estate signs within the City's rights-of-way on a temporary basis. The Commission voted 4 to 1 on forwarding to Council a proposed set of regulations that govern this subject. The Chairperson voted against making a change to the existing ordinance because there was little citizen input supporting this measure. Her letter was dated September 12, 1997, and I am unsure if you received a copy of her letter. I was not aware of her letter until November 4, 1997. The attached report from the Planning Department outlines a plan, which allows the placement of temporary signs on weekends within the City. The City Attorney's office has advised us 'that he believes the City should not allow one type of market to benefit from use of City rights-of-way and not others. Staff's opinion is that the current sign ordinance, as adopted, treats the sign industry fairly, and to change it for one special interest group may not be in our best interest. Rm:cjb Attachment 1. Memorandum from Guy Rankin dated November 3, 1997. 2. Letter from Planning and Zoning Commission Chairperson Betty Waters dated September 12, 1997. 3. Minutes from September 11, 1997, Planning and Zoning Commission Meeting. c John Joems / Guy Rankin V . - CC~[P1f I : City of La Porte I ,r. ~..,. .. ~ .... ...... ........ :. .> . - " ...... .' Memo m &&mow To: Robert T. Herrera, City Manager . John Joems, Assistant City Manager 'ri~~ From: Guy Rarnkin, Director of Planning IJI _ ~SST.. CITY MANAGE OFFICE Date: 11/03191 Re: Temporary Signs err." j-i;;ff~tY;; 'ER. -~ --m_.it/L91(i? . The City CounCil has directed the Plaming and Zoning Commission to make a recommendStion regarding the use, placement, number and pennitting of temporary advertising signs on weekends, within the City of La Porte. It was the Commission's understanding that Council, mas specifically, was requesting a review of the a.&rrent sign ordinance in order to make a recommendation as to the practicality of amending the' ordinance allowing for temporary placement of real estate signs within the City's rights-of-way. The Commission met several times to discuss the possibility of allowing placement of real estate signs within the CitYs rights-of-way. It was also determined that a legal issue could arise as to the constitutionality of regulating a sign's content (permitting only real estate signs or a particular type of industry). After several hours of discussion, it was determined that it would be unfair to allow subdivision marketing signs and not allow signs for marketing other types of businesses. The Commission did aeate some standards as to the size, construdion, and placement of signs. For example, signs would be limited to 18" x 24" in size and constructed of all-weather corrugated plastic sheeting with a steel rod frame or wooden stake. Approximately 20-25 locations throughout the City where the signs could be placed were agreed on. During discussions, it became apparent that permitting, placement, and enforcement of these signs would be diffia,dt to monitor. Finally, during a Special Called Meeting on September 11. 1997. the Commission considered a recommendation to City Council regarding the use. placement, number . Page 1 e e (C(Q)fPV\... Pu../\.. . ,\1\ \\ /. City'. of La Porte Established 1892 September 12, 1997 Honorable Mayor Norman Malone and City Council Dear Mayor Malone: The La Porte Planning and Zoning Commission, during a Special Called Meeting on September 11, 1997, considered a recommendation to City Council regarding the use, placement, number and pennitting of temporary advertising signs on weekends, within the City of La Porte. The Planning and Zoning Commission has met two times regarding this matter and has, by a majority vote, recommended City Council consider a proposed amendment prepared by the Commission regarding temporary signs. However, there is still considerable discussion on the practicality of amending an ordinance that we have had very little citizen input The current ordinance was developed within the overall goals of .the Comprehensive Plan creating a livible and beautiful city. Many La Portian's spent many hours developing a sign ordinance that protected the natural beauty of our community and allowed some signs within the community. Please note that it is my opinion that we have an ordinance that closely parallels the views of the majority in our community and it would be unfortunate to change for the views of a few. Respectfully submitted, ~tO~ Chairperson, Planning and Zoning Commission c: Robert T. Herrera, City Manager John Joerns, Assistant City Manager John Annstrong, Ass~stant City Attorney La Porte Planning and Zoning Commission r,l\n"x 1111 · Llrllm..Tl'xal'ii1i2.1111 · (i1314il.;0ll1 - e e . / PLANNING AND ZONING COl\1MISSION :MINUTES OF SEPTEMBER 11, 1997 t(g~Y Members Present: ChaUperson Betty Waters, Comm;~on Members Eugene Edmonds, Dottie K~m;n<<il Sandie Staniszewski, Jim Zoller, Hal Lawler Members Absent: Melton Wolters (called away due to a family emergency ) Cit;y Staff Present: 'Director of Pl~nn;ng Guy R:mkin, Assistant City Attorney John Am1.st:rong, Pl~nning SecretaIy Peggy Lee I. CAll TO ORDER SPECIAL 0. T T 1m REGULAR:ME.ETING. The meetingwas called to order by ChaUperson Wat~ at 6:03 PM. n. APPROVE,MINUI:ES OF lHEAUGUST 21,1997, REGULARMEETING AND,PUBliC.HEARING. - , A:-niOtiOlrwa.S"Inadeby-.EugeneEctmonrt~to'approve.the.minutes-of:August" 21, : '" -. ,,;,::., .-:.:: . ,. '..-i . ,~?J7_.:Il;i.~n:.~by:Dottie.K~min~ ~~werein:favor;.and.the:.. . .,: ,'.:,.:.:~~ :.-.., ......, .~',:.,~:~.~.'.~.>,' .'...:':.:...~;.~:~-~: .. '.' '..... . ,'. '. : :. '. . : " .~:~: ',' ,'-.' ~.,.~_.Iir.':- ;f:=:~R:liV lliwo;,ANFXE:0NSID:ER.9&RE€0MMENDATI0N;TO:CITY.:i ' ~ '._..' '. "o,-v:. ........ :.. -.. .~. . . . . . c . _ .. 'lo . . ;:,...,..:..::. :: " :'-:-'" - ....-":.COlJ.N(.,.:IJ.#REG\RDJN"G.:ANtA;MEND~1:0~.ZO~G.:;;~. '. . ,:'.ORDINA1S"€E':1501iRE.EA:TING.;"TO:SIGNS.~-:..: '.... ,. - ,. .AJi.St:of:proposeciintersectians::whem~rkflting:~be:allowed"Gf-. approved)-wa.s,prepanid:bythe..Commi~'iion: duriilg-the.last.meeting~'.M':t: Rankin reported tbat:staffhad,vistted all. of, the intersections' on,the list to make. sure that placement of signs would not interfere with site triangles at the various 10Cltions. :Mr. Rankin mentioned 1htt since the last meeting, staff visited with the Ch:1mher of Commerce Small Business Committee. One small business owner recommended there be no changes to the sign ordinance. He felt that a lot of woIk had been done in the past to come up with. the OllTent sign provisions and the proposed changes would not be beneficial. The following are changes that: were noted during the meeting, to the document prepared by staff titled '"Proposed Revision to Sign Ordinance". La Texnporaxy signs shall be a m:rrimum of 18" x 24" in size and constructed of all-weather conugated plastic sheetingwith a steel rod frame. Add "orwooden stake". 2.b The statement "T emporaxy signs may not be located within five (5) feet of the edge of any pavement" may need to be changed.. Further review by staff indicated that some TXDOT language might need to be added to this statement. JI.. P1anning and Zoning Commission Minutes of September II, 1997 Page 2 of3 -- e ~(Q)fPV 3.b Regarding the temporary sign permit application, a fOIm is currently beiog prepared by staff. 3.c Replace the word "erection" with "placement". Strikeout the words "an locttion". 5. Strikeout "laws of the State of Texas". Based on site triangles, the following locations could be acceptable: .' ..' . - .:"!~:-:~::':':~:. ".-: .... 2.c.: SHH6 SH 146 SH.146 SHJ46 SH'225-'; .' . .. - .. . -:: ~. "" . .~ .' . SH.225..:. . Spencer:.: .' SpaJeCr Spmt:c= Spencer Spencer Spencer Fairmont Fairmont Fmmcfit Fairmont SpeacerlMain . Faitmont (northeast; southwest, & southeast comers) Wh3rtonWeems' (northeast, & southeast:comers) McCabe: (northeast: comer;andfeedeI:& southeast com~ofnortbbound.SH146 &:McCabe) . at-. Uy;d~,~~::(SOUrhWest.comer.ofUnderWood eastboumHane;&:southeast.comer, of Underwood . '. ._eastbound:lane:ofSH225.. . >ar',: "\Sens;{n~lh~bf~':;rt;~ortl1e3stcomers:SH225 & " ,. soutliWeSt:comer.:'ofSID25:cm.westbound feeder on:S~) ,at .. Sens..(nollL.w~;southeast."comers). at F~ at e.edenrood at Valleybrook (southeast comer) at Driftwood (southeast comer) at Luella (southeast comer) at Luella (northwest comer Luella, eastbound lane W. Fairmont) Underwood (southeast comer Underwood, eastbound on w. F2irmont) F~oa Driftwood (northwest comer westbound on Fairmont) P1rk Fairmont (northwest and southwest comers) ~abc Wharton Weems (nonhwest and southwest comers) Scn3 Underwood (northeast and southeast comers) Fairmont (northwest comer of Bay Area Blvd. and eastbound lane on W.Fairmom & southeast comer of Bay Area Blvd. eastbound lane on W. Fairman! Fa2m1cm :it S. Broadway at S. Breadway at S. Broadway at r- i. "L" :it ' N. "L" at BeIY Area Blvd. at at at at at at at at '. /'/ Plauoing and Zoning CoIlllDUsiOD Minutes of September 11, 1997 Page 3 of3 e t(Q)fP1{ 4. Replace the word "erection" with "placement". Replace the word "intersection" with "location". (New 115:include woIding to address particulars about permitting and also include map with permit application) 5. Change 115 to #6. Strikeout "Laws of the State of Texas". A motion was made by Eugene Edmonds to recommend City Counc1 approval of an :lmPnctment ~nl"ll1ct;ng discussed changes) to Zoning Ordinance 1501 relating to signs. The motion was seconded by Dottie J< :lm;n~1n The motion passed. Chaitperson Waters voted in opposition and aD. other members th:tt were present voted in favor of the motion. IV. STAFF'REPORTS . ' ~ :. . "... 0". . . ~.<R:ln1nn-noted.that.duringthe regula.r.sch~111ed 'mPflfing on.September 1Sm we ,.. '. '.;.'woWa:revrew:the:ZOningOrdinance'and'the'i'Pin~;ng:secriOIlS"ofthe , :"-:-.. CaJ:;lprehensi.ve.Plm.. . , . , : ::Dottie.K~~;~~~.a copy of.tlie proposd:gi-affici orrtin~c~~' , ... . .:.;..~ '. ":.' ~ . , .~ "1 ,.' : .... ".' "... '-0;' : ,~::,...<:{~t~.'.>:;'.' ':,. ". .'" v. . . 'ADJOURN- CbaUperson:W3Iers declared the meeting duly,adjoumed at. 7:20 PM 7!;~mm~ ~ ~/ Peggy~ I . Secretaty Phnn;ng and Zoning Comm;otgon Approved on this the 16th day of October, 1997. ~ ~ ~-- ~""'1' 17 ./ / ~ /l---o /" Berty W;iters CbaUperson Pbnning and Zoning Cammiot'iion e __ R!UEST FOR CITY COUNCIL AGENDA'EM AGENDA DATE December 22,1997 REQUESTED BY Jeff Litchfield, Finance Director/ACM _ REPORT; _ RESOLUTION; ~ ORDINANCE; Included in the La Porte Independent School District's recent Bond Election was the construction of a new De Walt School building. School Officials have determined the best site for the school is in Block 87. Town of La Porte. The City of La Porte is the owner of fifteen lots in Block 87, and accordingly. the School has approached the City regarding the sale of the lots. Currently, nine of the fifteen lots contain playground equipment that was displaced when the Charles Walker Annex was built. The other six lots are vacant. City staff is in favor of selling the property to the School because we could take the money from the sale and use it to have new playground equipment installed closer to the Jennie Riley Center. Staff has obtained a private appraisal on the fifteen lots involved. The fair market value of the fifteen lots is $35,000.00. Staff recommends the property in question be sold to the School District for $35.000 and the funds received in the sale be escrowed until a new playground area can be created nearer the Jennie Riley Center. Because of delinquent taxes on the property the City would like to buy for the replacement playground, it may take up to 18 months to get the new playground in place. ACTION REQUIRED BY COUNCIL: 1. Approve Ordinance authorizing the sale of land to the La Porte Independent School District 2. Instruct the Director of Finance to escrow said funds until a new playground area is created near the Jennie Riley Center. FUND N/A ACCT NUM: FUNDS AVAILABLE: APPROVED FOR CITY COUNCIL AGENDA G~T.~ ROBERT T. HERRERA, CITY MANAGER _"2..- \'1-'1' DATE e e (C(Q)~)f ASKINS & ARMSTRONG. P. C. ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P.O, BOX 1218 LA PORTE. TEXAS 77572-1218 KNOX W. ASKINS .JOHN D, ARMSTRONG CHARLES R. HUBER. .JR. BOARD CERTIFIED . CIVIL TRIAL LAW TEXAS BOARO OF LEGAL SPECIALIZATION TELEPHONE 281 471-1886 TELECOPIER 28/ 471-2047 November 19, 1997 E. er, Superintendent La Porte aependent School District E. airmont Parkway rte, TX 77571 Re: Lots 1-6, and Lots 23-31, Town of La Porte, Harris County, Texas. Dear Dr. Sawyer: I understand that LPISD is in discussions with the City of La Porte, to obtain the above described property for a school site. As this site is presently being used for park purposes by the City of La Porte, I have prepared and would appreciate your presenting to your Board of Trustees meeting on December 9, 1997, a resolution finding a public necessity for the acquisition of this property. When passed, please furnish me with a certified copy of the resolution. I have prepared a special warranty deed and a resolution for consideration by La Porte City Council at its meeting of December 8, 1997, authorizing the sale. I have obtained a title commitment from American Title Company in Deer Park, Texas, which shows good marketable title in the City of La Porte. After the resolutions are passed, the sale can close at American Title Company. Please call me if you have any questions. / -- ~ ./ Yours y-ery truly, ..' .' tJt,;(/ ~ Knox W. Askins City Attorney City of La Porte KWA: sw Enclosures cc: Mr. Jeff Litchfield Assistant City Manager /Director of Finance City of La Porte ~ Martha Gillett ~ty Secretary City of La Porte e e (C~[py ORDINARCE NO. 97- ~2210 AN ORDINANCE AUTHORIZING AND APPROVING AR AGREEMENT FOR THE SALE AND CONVEYANCE BY THE CITY OF LA PORTE OF CERTAIN REAL PROPERTY TO LA PORTE INDBPENDENT SCHOOL DISTRICT FOR PUBLIC SCHOOLHOUSE PURPOSES; AUTHORIZING THE CITY MANAGER TO EXECUTE, AND THE CITY SECRETARY TO ATTEST THE EXECUTION, OF A SPECIAL WARRANTY DEED AND OTHER NECESSARY DOC1JHENTS; FINDING COMPLIARCE WITH THE OPBIl MEETINGS LAW; AND PROVIDING AR EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The Board of Trustees of the La Porte Independent School District has determined the necessity of acquirinq the hereinafter described real property, now owned by the City of La Porte, for public schoolhouse purposes, to-wit: Lots 1-6, inclusive, and Lots 23-31, inclusive, in Block 87, of TOWN OF LA PORTE, a subdivision in Harris County, Texas, accordinq to map thereof or plat thereof recorded in Volume 58, Paqe 462 of the Deed Records of Harris County, Texas. The La Porte Independent School District has offered to pay the City of La Porte in cash, the appraised value of the property, $35,000.00. Section 2 . The Ci ty Council of the ci ty of La Porte authorizes the sale and conveyance of said real property to the La Porte Independent School District, for public schoolhouse purposes, for a price of $35,000.00 cash, and authorizes the City Manaqer to execute, and the City Secretary to attest, the Special Warranty Deed in form attached hereto, and any and all other documents necessary documents to complete the conveyance. Section 3. The City Council Officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meetinq of the City Council was posted at a place convenient to the pUblic at the City Hall of the e e ~~~v ORDINANCE NO. 97-2210 PAGB 2 ci ty 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, approve~ and confirms such written notice and the contents and posting thereof. Section 4. This Ordinance shall be effective from and after its passage and approval, PASSED AND APPROVED, and it is so ordered. M~ this ~ of December, 1997. By: ~F LA PORTE ~ /. -//~.~ /N an L. Malone Mayor ATTEST: LJM cUih~, Ct. 1<1.,( ,iiMJ Mal:'\tha A. Gillett '"' City Secretary APPReV'ED: ~. / . &id~ Knox W. Askins . City Attorney e e SPECIAL WARRANTY DEED (C(0)rv Date: December ~, 1997 Grantor: CITY OF LA PORTE, a municipal corporation Mailing Address: P.O. Box 1115, La Porte, TX 77572 Grantee: LA PORTE INDEPENDENT SCHOOL DISTRICT Mailing Address: 301 E. Fairmont Parkway, La Porte, TX 77571 Consideration: Ten and No/100 Dollars ($10.00) cash and other good, and valuable considerations Property (including any improvements): Lots 1-6, inclusive, and Lots 23-31, inclusive, in Block 87, of TOWN OF LA PORTE, a subdivision in Harris County, Texas, according to map thereof or plat thereof recorded in Volume 58, Page 462 of the Deed Records of Harris County, Texas. Reservations from and Exception to Conveyance and Warranty: Taxes for the current year have been prorated and are assumed by Grantee. This conveyance is made subject to all and singular the restrictions , conditions, oil, .gas, and other mineral reservations, easements, and covenants, if any, applicable to and enforceable against the above described property as reflected by the records of the county clerk of the aforesaid county. e e CC~[py Grantor for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty, by, through, or under Grantor, but not otherwise. When the context requires, singular nouns and pronouns include the plural. CITY OF LA PORTE .By: ~~ \. ~ Robert T. Herrera city Manager ATTEST: (-ill QAYJ i\..t (). J<l1..Ut~lI Martha A. Gillett City Secretary STATE OF TEXAS { { COUNTY OF HARRIS { ~ThiS instrument was acknowledged before me on the ~ day of ________ ,1998, by Robert T. Herrera, City Manager of the City f La Po te, a municipal corporation. I:.;**~.~;~~~~~QO~Q ~~~~oi :.: ~.: NOTARV PUIUC I :. ". ,: : srA1E OF TEXAS 8 .~..~., COMMSSION EXPlRf5 02-24.{Jl I ..... )oooooooooooocoooocccoccooooCOOQOO AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: ASKINS & ARMSTRONG, P.C. P.O. Box 1218 La Porte, TX 77572-1218 e e e .. REQUEST FOR CITY COUNCIL AGENDA ~EM AGENDA DATE December 22. 1997 REQUESTED BY Jeff Litchfield. Finance Director/ACM _ REPORT; _ RESOLUTION; ...M..- ORDINANCE; The City of La Porte has utilized the firm of Moroney, Beissner & Co. (M&B) as its Financial Advisor for the past 49 years. The current contract with M&B was originally agreed to 18 years ago. When the contract was originally let, the services provided to the City by the Financial Advisor was much different than what is needed today. In the past, they provide budget and reporting information as well as general financial guidance. I am proud to report the majority of those activities are provided in house and the only real need for advice is when debt is issued. The City has not issued any debt since 1991, however, it is planned that debt will be issued in 1998. In anticipation of the issuance of this and future debt, City Management held negotiations with M&B regarding their services and fee structure. As a result, we believe we have arrived at a fee schedule that is highly competitive with the open market. Before explaining the proposed fee schedule, you should understand that the services included have changed in one major area. Under the old contract, the fee included the cost of the rating trip. Under the new contract, the fee does not include costs for the rating trip. In other words, the City will be responsible for its travel, lodging and meals for any rating trips. The City requested this change for two reasons. First, even though rating trips have typically involved a trip to New York, that may not always be the case, in fact, one of the rating agencies has recently opened a Dallas office. Accordingly, the cost of the rating trip could be drastically reduced. The second reason is that rating trips are not always necessary. In fact, the last two times the City issued debt, a rating trip was not involved. With this in mind, M&B and the City have reached agreement on a new fee schedule. The fee schedule is dependent upon the amount of debt issued (Le. a percentage), so for discussion purposes, I will provide information on the two most likely debt issuance amounts. For a normal debt issuance, the amount will more than likely be $4 million and under the new contract, with an allowance for a rating trip, the financial advisor fee would be $26,625 which is $11.375 or 30% lower. For a refunding issue of $9 million and again with a rating trip allowance, the financial advisor fee would be $34.125, which is $28,875 or 46% lower. In closing. the City has had a long term relationship with Moroney & Beissner and believe they offer their services at a competitive price and recommend the City enter into a five year contract for their services. Funds are budgeted in the Accounting Division for the annual retainer of $1,000. Any other fees paid to them are handled during the issuance of debt and are approved by Council at that time. ACTION REQUIRED BY COUNCIL: Approve Ordinance authorizing contract with Moroney. Beissner & Co. Inc. to provide Financial Advisor Fees for the five year period beginning January 1, 1998. FUND General ACCT NUM: 001-6141-515-5007 FUNDS AVAILABLE: Yes APPROVED FOR CITY COUNCIL AGENDA CX~ T. ~ ROBERT T. HERRERA. CITY MANAGER \.1.. - \"1-<\' DATE e ORDINANCE NO. 97-2211 · ~@IJVW AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND MORONEY, BEISSNER & CO. INC., FOR THE PROVISION OF FINANCIAL ADVISORY SERVICES; APPROPRIATING $1,000.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPUANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1 The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affIX the seal of the City to all such documents. City Council appropriates the sum of $1,000 from the General Fund to fund said contract. Further funding will be appropriated during bond sale transactions. 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 in effect from and after its passage and approval. PASSED AND APPROVED this the 22nd day of December, 1997. ATTEST: " JMililh~( L~1.tti M~rtna Gillett, City Secretary ,//1 / Honorable Mayor and C.ouncil City of La Porte La Porte, Texas e CG@[j2)W Gentlemen: We agree to perform Financial Advisory Services for the City and in such capacity will provide the following services: 1. Advise with the City Council, Administration and any official committee to establish future requirements so that additional funds borrowed can be arranged to fit into an overall long range program. 2. Prepare projections of bond sales, assessed valuations and resultant estimated tax rates. In the case of Water & Sewer Revenue Bonds, we win prepare projections of required net revenues sufficient to amortize required debt and meet the necessary reserves and coverage requirements. Also we include cash flow projections of investment earnings on bond proceeds during construction and year end fund balanc~s. 3. Coordinate with the City Council, Administration ~nd bond counsel for the proper calling and notice of bond election and canvassing the results thereof. 4. When the City Council and Administration determine to issue bonds we prepare detailed information on each separate issue recommending maturity schedules, optional provisions, interest rate variations allowable, date and time of sale and other terms and conditions to be contained in the bonds. 5. Prepare drafts of the Official Notice of Sale and Official Statement containing complete and thorough financial information, demographic and economic data describing the City. These documents will be presented for approval by the City Council and Administration. The Official Statement always includes extensive, current aerial photographs of the City's principal commercial and industrial establishments, residential developments and City facilities. 6. With approval of the City Council, we will take the Mayor, City Manager and Assistant City ManagerlFinance for rating conferences with Moody's Investors Service, Inc. and Standard & Poor's Rating Group. Approximately 7 to 10 days prior to the rating interviews, we will furnish the agencies drafts of the Official Statement and Official Notice of Sale together with audits and budgets and other financial data describing the City and the bonds being offered. 7. Publish the Official Notice of Sale in the appropriate financial journals. Printed Notices of Sale and Official Statements are then mailed to all investment bankers, banks, and other investment houses dealing in municipal bonds throughout the United States. 8. Make submissions to all the insurance consortiums that insure Municipal Bonds for qualifications of the bonds for insurance. 9. Disseminate the rating announcements to all prospective bidders through direct mail and wire services. 10. As we act solely as the City's agent, most bids will be delivered to our offices on the date of sale prior to the evening City Council meeting. We will deliver the bids for opening and review at the appointed time and place. 11. Tabulate and arita,etically verify the accuracy of all bidwnd make recommendation to the City Council as lI!I'the best bid received, commenting .ts co~tive value in the current market pl~ce.. . ~(Q)[j2)W 12. After bonds are awarded, gather the reoffering terms from the winning syndicate and prepare yield calculations to assist the City in avoiding arbitrage violations in the investment of the bond proceeds. :>... 13. Coordinate the printing of the bonds with a nationally recognized financial printer. 14. Coordinate with bond counsel submission of the bonds to the Attorney General for approval and submission to the Comptroller for registration. 15. Arrange for and coordinate the place and time for the delivery of the bonds to the purchaser and the receipt of the funds by the City. 16. Provide the City and the paying agent/registrar with the appropriate principal and interest payment schedule for the bonds as they were sold, furnishing final copies of the Official Statement in connection therewith. 17. Assist the City in the investment of the bond proceeds during the period of construction commensurate with the projected need for the funds, and the applicable arbitrage regulations. 18. We will furnish an arbitrage rebate calculation program and work with the proper administrative personnel to install the software on the City's computer system. This will enable the City to have inhouse control and knowledge of the ongoing liability, if any, of possible rebate accural. 19 . We will pay the travel, meal, and hotel expenses for our representative participating in the New York bond rating trip. 20. The City agrees to pay the expenses of their representatives participating in the New York trip and the following expenses related to a bond sale: a) Printing of Official Notice of Sale and Official Statement; b) Aerial photography for Official Statement, if any; c) Mailing costs for Official Notice of Sale and Official Statement; d) Bond Rating Fees charged by Moody's Investors' Service, Inc. and Standard & Poor's Rating Group; e) Cost of printing bond forms; f) Bond and Tax Counsel fees; g) Attorney General's fee; h) Paying AgentlRegistrar fees. 21. We agree to be available at all reasonable times for consultation on any subject relating to the City's financial condition; i.e. tax rates, water & sewer rates, fund balances, depository contracts, collateral requirements, investment of bond proceeds or other City funds, and etc. F or services rendered and expenses incurred, the City agrees to pay us an annual retainer of$l,OOO each January 1 and a fee on each bond issue from the proceeds of the bonds as follows: 2% on theet $100,000 of bonds; ~(Q)~W 3/4 of 1% on the next $200,000 of bonds; 5/8 of 1% on the next $700,000 of bonds; 1/2 of 1 % on the next $1,000,000 of bonds; 3/8 of 1 % on the next $1,000,000 of bonds; 1/4 of 1% on the next $2,000,000 of bonds; 1/8 of 1% on the next $15,000,000 of bonds; 1/16 of 1% of all bonds over $20,000,000. It is agreed and understood that so long as this contract is in force and effect, Moroney, Beissner & Co., Inc. shall not be permitted to purchase any Bonds from the City nor have ,any interest directly or indirectly in the purchase or sale of any securities by the City, except as agent, for the City. This contract shall remain in full force and effect, subject to cancellation by either party upon 30 days notice, for a period offive years from its date. Respectfully submitted, MORONEY, BEISSNER & CO., INC. -ffl.,1J1:J R. David etzel', President ]JJ.~F"~~l~ ACCEPT ANCE: ACCEPTED on this -z. C\ day of "D 'Cc.~ "'""" ~ Co"'" , 19 t:t, . G?~ -Y. "~ City Manager , ,. e " ''!!> . ~ e R!UEST FOR CITY COUNCI,L AGENIITEM Agenda Date Requested: Requested By: Louis Ri Administrative Services Report x Ordinance Exhibits: TMRS Buy Back Ordinance SUMMARY & RECOMMENDATION The Texas Municipal Retirement System allows cities to adopt an ordinance allowing an employee who has forfeited service with TMRS to buy back that time. Prior to adoption of such an ordinance, a survey of all current employees must be completed to determine the number of employees who are eligible to buy forfeited service. TMRS must then perform an actuarial study and provide a cost analysis to the City. Last December, Council directed staff to proceed with this process and it has been completed. There are currently forty (40) employees who have eligible forfeited service. The cost to the City upon adoption of this ordinance would be approximately $67,200 annually (the amount is figured as a percentage of total payroll). The City's contribution would remain the same, regardless of the number of employees buying back their time. An informal poll of eligible employees revealed that 23 of them would be interested in buying their time back. Action Required by Council: Adopt ordinance authorizing buy back provision for eligible employees. Availability of Funds: General Fund _ Capital Improvement Other WaterlWastewater _ General Revenue Sharing Account Number: Various Funds Available: --1L Yes No ApDroved for City Council Aaenda Jo/J1/n Date I e City of La Porte Interoffice Memorandum · (C(Q)[PY From: bert T. Herrera, City Manager To: ff Litchfield, Director of Finance/ACM Date: Subject: TMRS Buy Back Option The Texas Municipal Retirement System has provisions for cities to adopt an ordinance aI/owing employees who have forfeited service with TMRS to buy back their time. The City of La Porte has approved such an ordinance in the past, the last time being February 1984. There are several items of importance that need to be shared with you before an informed decision can be made. First, because of the way the law is written, the employee buying back their time does so under the rules and regulations that exist in the City of La Porte. As you know, under TMRS options, a City may contribute anywhere from 5% to 14% of the employees annual salary towards their retirement. The City of La Porte is a 14% City (we match double the 7% the employee contributes). Thereforel,the situation exists where an employee could have left a sister City that was a 5% city, withdrew their contributions, and because of this .ordinance, could put back their money at the 14% rate that we observe. Second, also because the way the law is written, the City has to set aside money each year under the aS$umption that all employees eligible to participate in the Buy Back do so. If an employee does not participate, then the funds eventually revert back to the City of La Porte via reduced matching rates. To explain further, in our current situation, the calculation includes all 40 employees eligible to participate. Based on this assumption, the annual costs for next year would be $67,200. This amount would continue from year to year until certain events happen. When an eligible participant either terminates employement or retires without executing their Buy Back option (Le. paying their portion) then the money the City has paid on their behalf goes into the general pool of money available for all City Employee retirements thereby reducing future contribution rates. The amount that would be credited back to the City would include contributions made on behalf of the employee as well as interest earned. For an employee who has participated (Le. paid their portion) two options exists. If they leave employement and withdraw their money, the amount the City has paid reverts back to the City and goes into the general pool, (Le. the employee gets no financial benefit). . e (b(Q)~V Finally, for the employee who participates in the Buy Back option and eventually retires from the City (our target audience), the amount the City has contributed on their behalf would become part of the employee's retirement pension. Regarding the annual exposure of $67,200 that has been communicated to us by TMRS, it covers the full cost of 40 eligible employees. Mr. Rigby has visited with the 40 employees and found that about half have indicated they would exercise their Buy Back option by contributing their portion. This means the real cost to the City would be significantly less than the $67,200 being set aside. Also, I believe that when it is time to actually put up money, we will probably find an even smaller number of employees participating. Because these are retirement dollars, the closer you are to retirement, the less benefit you receive by participating in the Buy Back. e e (C(Q)~V ORDINANCE NO. 97- ~212 '- -, AN ORDINANCE ALLOWING CERTAIN EMPLOYEES OF THE CITY WHO HAVE TERMINATED PREVIOUS MEMBERSHIP IN TEXAS MUNICIPAL RETIREMENT SYSTEM, TO DEPOSIT THE SUMS SO WITHDRAWN, PLUS ANNUAL WITHDRAWAL CHARGES, AND ALLOWING AND UNDERTAKING THE COST OF ALLOWING ANY SUCH EMPLOYEE CREDIT IN SUCH SYSTEM FOR ALL SERVICE TO WHICH SUCH EMPLOYEE HAD BEEN ENTITLED AT DATE OF SUCH WITHDRAWAL, WITH LIKE EFFECT AS IF ALL SUCH SERVICE HAD BEEN PERFORMED AS AN EMPLOYEE OF THE CITY; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the actuary of the Texas Municipal Retirement System has determined that all obligations charged against the City's account in the municipality accumulation fund, including the obligations arising as a result of this ordinance, can be funded by the City within its maximum contribution rate and within its amortization period: and WHEREAS, the City Council has determined that adoption of this ordinance is in the best interests of the City, now therefore, WHEREAS, the City Council of the City of La Porte, Texas, finds that it will be in the public interest for the City to have its employees participate in the Texas Municipal Retirement System as hereinafter provided; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF LA PORTE, TEXAS: Section 1: Pursuant to Section 853.004 of Subtitle G of Title 8, V.T.C.A., Government Code, as amended, the City of La Porte hereby elects to allow any member of the Texas Municipal. Retirement System who is an employee of this City on the 22nd day of December, 1997; who has terminated a previous membership in said System by withdrawal of deposits while absent from service, but who has at least 24 months of credited service as an employee of this City since resuming membership to deposit with the System in a lump sum, the amount withdrawn, plus a withdrawal charge of five percent (5%) of such amount for each year from date of such withdrawal to date of redeposit, and thereupon such member shall be allowed credit for all service to which the member had been entitled at date of termination of earlier membership, with like effect as if all such service had been rendered as an employee of this City, whether so rendered or not. The City agrees to underwrite and hereby assumes the obligations arising out of the granting of all such credits, and agrees that all such obligations and reserves required to provide such credits shall be charged to this city's account in the municipality accumulation fund. The five percent (5%) per annum withdrawal charge paid by the member shall be deposited to the credit of the City's account in said municipality accumulation fund: and the deposits of the amount previously withdrawn by the member shall be credited to his or her individual account in the employees' savings fund of the System. Ordinance No. 97-22. Page 2 e rc(O)[p1{ Section 2: The City Council finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government C.ode; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3: This ordinance shall become effective on the 22nd day of December, 1997, which is a date on or after the date set forth in Section 1, above. PASSED AND APPROVED, this the 22nd day of December, 1997. CITY OF LA PORTE BY:~mt~ orman L. 'Malone, ayor ATTEST: t 'f,. ~, Knox Askins, City Attorney e e e e REQUEST FOR CITY COUNCIL AGENDA ITEM AGENDA DATE December 22. 1997 REQUESTED BY Knox Askins. City Attornev -.- REPORT; _ RESOLUTION; .lQL ORDINANCE; The City's Cable Television Franchise expires December 31, 1997. Since negotiations for a new agreement have not been completed, it is necessary to extend the current agreement through June 30, 1998. ACTION REQUIRED BY COUNCIL: Approve Ordinance extending Cable Television Franchise through June 30, 1998. FUND N/A ACCT NUM: FUNDS AVAILABLE: )~/;? /f7 DA TE { . (bt))[pJ1{ '. .. '~ .. . ORDINANCE NO. 97-2213 AN ORDINANCE APPROVING AND AUTHORIZING AN EXTENSION OF THE PRIHB CABLE TELEVISION FRANCHISE AGREEMENT, nICH EXPIRES ON DECEHBER 31, 1997, THROUGH JUNE 30, 1998; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVXDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. 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 ci ty 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. e OO~y ORDINANCE NO. 97- 2213 PAGE 2 PASSED AND APPROVED, this 22nd day of December, 1997. By: CITY OF LA PORTE ~~,.f~ Mayor ATTEST: '~~dL~ '. I l. a) . Vv . ef..- . Mar ha A. Gillet city Secretary AP~: ~-a! U~ Knox W. Askl.ns .. , City Attorney . .. e e REQUEST FOR CITY COUNCIL AGENDA ITEM AGENDA DATE December 22.1997 REQUESTED BY Bobbv Powell. Police Chief _ REPORT; _ RESOLUTION; _ ORDINANCE; Attachment: Bid Tabulation Sheet Sealed bid # 719 was opened on November 3,1997. Included as item number 5 on the bid was the purchase of four Sport Utility Vehicles with special services packages. Bids were received from four vendors with Philpott Ford being the lowest at $91,060.00. These four vehicles will be used by the new TXDOT program officers. Funds in the amount of $92,000 have been set aside in account 001-5253-521-8050 for the purchase of these vehicles. Once the program gets underway, the cost of these vehicles will be paid back to the City from collected fines. It is staff's recommendation for City Council to award the bid to the low bidder, Philpott Ford, in the amount of $91,060.00. ACTION REQUIRED BY COUNCIL: Approve awarding Bid for Bid # 719, item 5, to Philpott Ford in the amount of $91,060.00. FUND General ACCT NUM: 001-5253-521-8050 FUNDS AVAILABLE: Yes APPROVED FOR CITY COUNCIL AGENDA ROBERT T. HERRERA, CITY MANAGER DATE DEC- 3-97 WED 17:48 CITY OF LA PORTE e FAX NO. 7134710578 e P, D1 CITY OF LA PORTE INTEROFFICE MEMORANDUM DECEMBER 3. 1997 TO: FROM: SUBJ: CHIEF BOBBY POWELL, POLICE CHIEF SUSAN KELLEY, PURCHASING AGENT .,Jl SEALED BID #0719 - VEHICl.ES Advertised. sealed bids #0719 - Vehicles were opened and read on November 3, 1997. Bid requests were m~f/ed to fourteen (14) vendors with four (4) returning bids. Copies of the bids are attached for your review. Please submit your recommendation with an agenda request fonn by the prescribed time before the next regular council meeting. If there is a need to delay bringing this bid before council, please notify me. Attachment: Bid Tabulation Bidder's List Bid Copies e It BID TABULATION BID #0719 - VEHICLES PHILPOT McREE LES MARKS DESCRIPTION QTY FORD FORD CAS A FORD CHEVROLET Sport Utility w/Special Services Package 4 $22,765.00 $23,932.75 $25,571.00 $27,475.00 TOTAL $91,060.00 $95,731.00 $102,284.00 $109,900.00 DEC- 3-97 WED 17:50 CITY OF LA PORTE . FAX NO, 71347]0578 e P. 03 BIDDER'S LIST SEALED BID #0719 - VEMCLES A C COLLINS ,FORD ] 83 J SOUTH RICHEY PASADENA, TX 77502 BAYOU CITY FORD PO BOX 21321 HOUSTON, TX 77226 BILL HEARD CHEVROLET PO BOX S30 HOUSTON TX 77487-0530 BOB PAOAN FORD 7626 BROADWAY GALVESTON, TX 77553 CASA FORD 4701 I-lO EAST BA YTOWN TX 77521 INTERSTATE FORD 20405 I-45 SPR~G, T){ 77388 JACK RQACtf - ~ORP 2727 SOUTHWEST FRBEW A Y HOUSTON, TX 77098 JOE CAMP FORD 621 HWY 146 SOUTH LAPORTE, TX 77571 LES MARKS CHEVROLET POBOX 1119 LA PORTE, TX 77572-011'9 MCREE FORD P,O. BOX 577 DICKINSON, tx 77539 ORANGE,COUN'fY FORO 1601 GREEN A VB ORANGE. TX 77630 PHILPOTT FORD PO BOX 876 PORTNECHES TX 77651 RONCRAfTCHEVROLEVOLDS 3401 NORTH MAIN BA YTOWN 1'X 77521 TIMMERS CHEVROLET 816 W PASADENA FwY PASADENA TX 77506 CHAMBER OF COMMERCE PO BOX 960 . LA POR'fE TX 77572-0960 BA YSHORE SUN PUBLISH'DA TES: OCTOBER 19.1997 OCTOBER 26, 1997 ..-.. .--..... --....---.--. .- 4_ __. ._. e :MEETING HANDOUTS e , " ... ". .... ',' DEC-22-199? 11=49 HeLL '/WOOD VALERIUS 713 868 6498 P.91/BJ e e 111f OLD IIQnI<<T M6 Ca'1MfITI:I: FAX COVER SHEET Steve ValerlUSl P. O. lax IUS Houston, T8x.as77211-1343 (713) 868~ Fax: (713) 868-6408 DAti: December 22, 1997 TO: COMPANY: . FAX NO.: FROM: COMMENrS: Sue West City of LeI Porte 2&1-471-7168 CcwI Noel Dear Sue~ Please forward copies of the attached to City Council Members, the Mayor, and the City Manager. Thanks very much. ~ Carol Noel rn ~r ~ w Total number of pages sent (Including this one): 3 If you Incur pJObtems IBCelvlng this document, plea.. call Carol Noel at (713) 868-6488. DEC-22-1997 11:4B HOlLYWOOD VALERIUS 713 868 64BB P.B2/83 e e ntf Oll) tlIlQnm 146 COMI'i'lU Remarks Planned for Council Meeting December 22, 1997 Mayor and Council Members - My name Is Steve Valerius and , am here this evening representing The Old Highway 146 Committee. We understarad that the Planning & Zoning Committee has recommended an amendment to the zoning restrictions to basically allow more temporary slgnage to be placed along our roadways In La Porte. Our gn:aup is concemed about this for several reasons. 1, Am, we are concerned about anyactfons by Planning & Zoning that have the affect ot loosening ~e controls originally Intended under the Planning & Zoning Code. 2. Secondly, we feel that a prolJferatlon of "tempo/'8IY signs" will quite possibly make our roads In La Porte even more trashing in appearance than they already are. 3. Third, while our committee Is strongly In favor or new residences and their sale. we feel that this additional signage will do little to actually attract additional buyers. DEC-22-1997 11:41 HOLLYWOOD VALERIUS e 713 868 6488 P.BJ/BJ e CIty Council December 22, 1997 Page Two The biggest problem La Porte has in attracting prospective families Is an image problem. That Image Is not enhanced by the garbage In the streets. grafitti on our buildings, abandoned buildings, and commercial dumpsters on the side of the road. The existing temporary slgnage provision does not have enough controls already to discourage sign owners from leaving them up too long, and their ultimately becoming more roadside trash. If Council Is going to allow more signs to be placed In the roadways, we would. at a minimum, like to see provisions Included in the amendment which would require the 81g" owner's name, address, and telephone number on each and every sign. In addition to the limited display time, so that tickets can be issued for every sign not picked, up in a timely manner. w. appreciate very much the support of the City Staff, particularly Mr. Rankin and Ms. T alado, in trying to clean up La Porte. Unfortunately, we have a very long way to go. We feel that this clean-up process is much more important than advertising. Thank you, and have a HAPPy HOLIDAY. TOTAL P. BJ ~ FROM THE DESK OF MARTHA GILLE7T CITY SECRETARY CITY OF LA PORTE, TEXAS December 22, 1997 " Exxon representatives attending meeting this evening , Larry Harlen - Public Affairs Coordinator Bruce Ference, Ope~ations Manager John Nestleroad, Claims and Right-af-Way Agent e -- CITY OF LA PORTE 'j) '. Iv L~1 P~~LJ-l~~1f YfI) ~ Vtl INTEROFFICE MEMORANDUM DECEMBER 22, 1997 FROM: Louis Rigby, Director of Administrative Service \ TO: John Joem~, Assistant City Manager SUBJECT: TMRS Additional Information Item 10 on tonight's agenda is an ordinance which allows employees with forfeited TMRS service to buy back that service. At the time the required survey went out, the City had forty-three (43) eligible employees. I had a request from one Councilman for information regarding the employee deposit rate and the municipality's matching rate for the cities that these eligible employees came from. Of the original 43 employees, thirty-four (34) came from a 7%, 2 to 1 matching city, which is the same as La Porte. Two (2) employees came from a 6%, 2 to 1 matching city, and seven (7) came from a 5%,2 to 1 matching city. After an informal survey, twenty-three (23) employees indicated an interest in buying back their time. Of those employees, eighteen (18) came from a 7%, 2 to 1 match, two (2) came from a 6%,2 to 1 match, and three (3) came from a 5%,2 to 1 matching city. If you need additional information, please call. c: Robert T. Herrera, City Manager Jeff Litchfield, Director of Finance/ACM 1-- N "E" ST ....c +-' "'<:j- ~ D 0 D 1 ( \C::O 1 ( ~O 1 I )7 .J0D I \: D T I: . D D D - . - o lr1 'IV. MA[ ISON - ~ -w a" 0 KIRKPA TRICK 1 0 I I-- I-- BLUEBONNET I 0 (f) (f) 11:: SKEL TON ( .1 C"L c::J McZEAL u n c C !cDJ BAKERC N BLUEBOMf 'n 1 000 :z z fLET4HER I 0 D ARRIAGA NO T LIS TED ~N SPD TH I D r SINEGAL THOMAS 1 W. TYLE R ST. - I v Do D I 0 0 01 I ~. inlLEY I - D~ E~EN OAKS c eEl E ~ ( 1 ~D I -----' 0 0 n I I . U CJ IN. ADAMS ST I - .. n- - - . - '.v 6' - - I-- (f) z . CITY PROPERTY SINEGAL . EXISTING WATER LINE EXISTING SANITARY SEWER LINE PROPERTY OWNER N.T.S. I-- (f) +-' (f) z . . . -- City of La Porte E.~whli.~hed 1892 May 30, 1997 Crescent Shore Residents C/O Toseoh and Isabelle ''Ylatk1ns . . ~ 111 ;Howald Coun La Pone, TX 77571 Re: Your Letter of Sunday, April 20, 1997 Crescent Shore's Right-of-\Vay Concerns Dear Mr. and Mrs. \\7atkins: The City of La Pone, through its Inspection Services Division, has carefully investigated the concerns addressed in the above-referenced letter. This letter is an attempt to address your concerns as stated in your letter. The owner of the house on 2015 Crescent Drive, which faces the Bay, has caused several additions to be made on the City's right-of-way on Crescent Drive. Generally speaking, the additions are shrubbery and a planter box, paving constituted of bricks laid closely together, flush with the ground, and curbing material that is approximately three inches in height. The brick paving and the curb extends beyond the paved pol,"tion of Crescent-Drive, and in essence extends the paying of Crescent Drive a distance of some thiny feet. Finally, a tree has been planted and is growing on the -~-City's right-of-way. All the above additions to the Crescent Drive right-of-way are considered by the City of La Porte to be encroachments upon its right-of-way. However, since the City of La Pone has no current plans for paving or otherwise improving this right-of-way and since this right-of-way is in essence a "dead end" street, the City is not in a position of needing to clear these encroachments from the right-of-way. The City of La Pone has advised the propeny owner of the existence of these encroachments, and has funher advised the property ov.rner that these encroachments are subject to removal without P.t\!)"X 11]5 · L:I\'n~.Tt'~::l,77')i2.lli5 · (i!3)471.5020 . . . tit e notice by the City of La Pone at any time the City needs to funher maintain or . otherwise cause work to be performed within said right-of-way. Additionally, the propeny owners adjacent to the right-of-way have been advised that obstructions may not be placed within this right-of-way, obstructing access to the easement for bay access for the families in the Crescent Shores Subdivision. Therefore, please note that we have instructed the propeny owner to remove the three inch curb and shrubs at the comer of Crescent and Howald and to park single file to , improve access to the dedicated easement. In connection with the issue of cars being parked on the Crescent Drive right-of-way, obstructing the vehicular access from Crescent Drive to Howald.Coun, the City of La P one is undenaking enforcement effons to ensure that the free movement of traffic . on the streets is not oD$tnictea: Tlie owner"has been advised of the City of La Pone's regulations regarding on-street parking, and right-of-way obstructions. It is imponant that vehicles not be placed or parked in such a fashion as to obstruct the free movement of vehicles between Crescent Drive and Howald Coun. If warranted, tickets will be issued to vehicles that are parked in contravention to the City's ordinances relative to parking. " I hope this letter addresses your concerns. If you have any funher questions or comments, please do not hesitate to contact me at City Hall. 2~