HomeMy WebLinkAbout1997-12-22 Public Hearing and Regular Meeting of City Council
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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
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City Council Meeting Minutes December 22, 1997
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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
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City Council Meeting Minutes December 22, 1997
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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.
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City Council Meeting Minutes December 22, 1997
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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
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City Council Meeting Minutes December 22, 1997
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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
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City Council Meeting Minutes December 22, 1997
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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
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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
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City Council Meeting Minutes December 22, 1997
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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
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EXXON REPORT
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PUBLIC HEARING
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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.
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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
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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 ~
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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 ~
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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. ~
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(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
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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' ~ .
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(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
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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
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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
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0[5)' ("c3)\Vl
l\.t 11.-.)1
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(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
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(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
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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
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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
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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
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:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
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
.
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: 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
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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
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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
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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
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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
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(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
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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
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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: ~. / .
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Knox W. Askins .
City Attorney
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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.
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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
.....
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AFTER RECORDING RETURN TO:
PREPARED IN THE LAW OFFICE OF:
ASKINS & ARMSTRONG, P.C.
P.O. Box 1218
La Porte, TX 77572-1218
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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
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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
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Honorable Mayor and C.ouncil
City of La Porte
La Porte, Texas
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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;
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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
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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 $67,200 annually (the
amount is figured as a percentage of total payroll). The City's contribution would remain
the same, regardless of the number of employees buying back their time.
An informal poll of eligible employees revealed that 23 of them would be interested in
buying their time back.
Action Required by Council:
Adopt ordinance authorizing buy back provision for eligible employees.
Availability of Funds:
General Fund
_ Capital Improvement
Other
WaterlWastewater
_ General Revenue Sharing
Account Number: Various
Funds Available: --1L Yes
No
ApDroved for City Council Aaenda
Jo/J1/n
Date I
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City of La Porte
Interoffice Memorandum
· (C(Q)[PY
From:
bert T. Herrera, City Manager
To:
ff Litchfield, Director of Finance/ACM
Date:
Subject:
TMRS Buy Back Option
The Texas Municipal Retirement System has provisions for cities to adopt an ordinance
aI/owing employees who have forfeited service with TMRS to buy back their time. The City
of La Porte has approved such an ordinance in the past, the last time being February 1984.
There are several items of importance that need to be shared with you before an informed
decision can be made.
First, because of the way the law is written, the employee buying back their time does so
under the rules and regulations that exist in the City of La Porte. As you know, under
TMRS options, a City may contribute anywhere from 5% to 14% of the employees annual
salary towards their retirement. The City of La Porte is a 14% City (we match double the
7% the employee contributes). Thereforel,the situation exists where an employee could
have left a sister City that was a 5% city, withdrew their contributions, and because of this
.ordinance, could put back their money at the 14% rate that we observe.
Second, also because the way the law is written, the City has to set aside money each
year under the aS$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).
.
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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.
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(C(Q)~V
ORDINANCE NO. 97- ~212
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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
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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:
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Knox Askins, City Attorney
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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 {
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(bt))[pJ1{
'. .. '~
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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.
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ORDINANCE NO. 97- 2213
PAGE 2
PASSED AND APPROVED, this 22nd day of December, 1997.
By:
CITY OF LA PORTE
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Mayor
ATTEST:
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Mar ha A. Gillet
city Secretary
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Knox W. Askl.ns .. ,
City Attorney
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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
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FAX NO. 7134710578
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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
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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
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FAX NO, 71347]0578
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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
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:MEETING HANDOUTS
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DEC-22-199? 11=49
HeLL '/WOOD VALERIUS
713 868 6498 P.91/BJ
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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
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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
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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
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713 868 6488 P.BJ/BJ
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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
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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
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CITY OF LA PORTE
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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
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City of La Porte
E.~whli.~hed 1892
May 30, 1997
Crescent Shore Residents
C/O Toseoh and Isabelle ''Ylatk1ns .
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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
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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~