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HomeMy WebLinkAbout1998-02-09 Workshop, Public Hearing and Regular Meeting of City Council• C7 1. 2. 3. )!MINUTES OF THE WORKSHOP, PUBLIC HEARING AND REGULAR MEETING OF LA PORTE CITY COUNCIL FEBRUARY 9, 1998 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: City Manager Robert T. Herrera, Assistant City Manager John Joerns, Assistant City Manager Jeff Litchfield, Assistant City Attorney John Armstrong, Police Chief Bobby Powell, City Secretary Martha Gillett, Planning Director Guy Rankin, Parks and Recreation Director Stephen Barr, Purchasing Agent Susan Kelley, Fire Chief Joe Sease, Fire Secretary Kay Fox, Assistant City Secretary Rhonda Yockov, Fire Marshal Paul Hickenbottom. Others Present: Ben Ritchie, Mr. and Mrs. Ted Keeler, Peter Griffith, Anita Desai, Colleen Hicks, Mrs. Strong, Lou Lawler and a number of La Porte Citizens. INVOCATION - REVEREND OLIVER STILLWELL - FIRST ASSEMBLY OF GOD Reverend Stillwell delivered the invocation. CONSIDER APPROVING MINUTES OF REGULAR AND WORKSHOP MEETING ON JANUARY 26, 1998. Motion was made by Councilperson Sutherland to approve the minutes of January 26. 1998 as presented. Second by Councilperson Engelken. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Engelken, Ebow, McLaughlin, Porter, Gay, Maxwell, Clarke, and Mayor Norman Malone. Nays: None 4. PRESENTATIONS: • City Council Meeting Minutes - February 9, 1998 Page 2 RECOGNITION OF RETIREE - TED KEELER Fire (thief Joe Sease presented Mr. Ted Keeler with a watch and congratulated him on his recent retirement from the City of La Porte on January 31, 1998. 5. PETI.TIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL Ms. Anita Desai, 701 S. Hwy 146, La Porte, Texas, 77571 spoke to City Council regarding the "Hotel Occupancy Tax" item on the agenda this evening. Ms. Desai is not in favor of the Ordinance and believes it will have a negative impact on her business. She requested City Council to carefully consider this ordinance. 6. PUBLIC HEARING - CONSIDER RECOMMENDATION FROM PLANNING AND ZONING COMMISSION OF THE CITY OF LA PORTE TO AMEND CHAPTER 106 OF THE CODE OF ORDINANCES, REGARDING NON -CONFORMING BUILDINGS, STRUCTURES, USES, AND, LOTS OF RECORD; SECTION 106-261 - G. Rankin OPEN PUBLIC HEARING REVIEW BY STAFF RECOMMENDATION OF PLANNING AND ZONING COMMISSION CLOSE PUBLIC HEARING Mayor Malone opened the public hearing at 6:12 P.M. Director of Planning Guy Rankin reviewed the summary and recommendation for the request. There was no one speaking in opposition to the request. Mr. Rankin reported staff and the Planning and Zoning Commission are recommending the rezoning request be approved. Mayor Malone closed the public hearing at 6:22 P.M. 7. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE AMENDING CHAPTER 106, SECTION 106-261 ET. SEQ, DIVISION 8 "SITE PLAN", AND CHAPTER 106 SECTION 106-261 ET SEQ, DIVISION 9 "NON -CONFORMING BUILDINGS, STRUCTURES, USES% OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE (Ord. 1501-Z) - G. Rankin City Council Meeting Minutes - February 9, 1998 Page 3 This Ordinance was noted as 98-2216 and should be 1501-Z. Assistant City Attorney read: ORDINANCE 1501-Z - AN ORDINANCE AMENDING CHAPTER 106, SECTION 106-261 ET SEQ, DIVISION 8 "SITE PLAN", AND CHAPTER 106 SECTION 106-261 ET SEQ, DIVISION 9 "NON -CONFORMING BUILDINGS, STRUCTURES, USES", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; 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 ONE THOUSAND DOLLARS ($1,000.00) FOR EACH VIOLATION; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Porter to approve this Ordinance as read by the Assistant City Attorney. Second by Councilperson Ebow. The motion carried, 9 ayes, 0 nays. Ayes: Councilpersons Sutherland, Engelken, Ebow, McLaughlin, Porter, Gay, Maxwell, Clark and Malone. Nays: None 8. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE CONFIRMING THE APPOINTMENT BY THE CITY MANAGER, OF A MEMBER TO THE CIVIL SERVICE COMMISSION (Ord.. 98-2216) - R.T. Herrera City Manager Robert T. Herrera presented summary and recommendation for the Ordinance requesting the re -appointment of Robert Swanagan to the Civil Service Commission for a term to expire on May 30, 2000. Assistant City Attorney Read: ORDINANCE 98-2216 - AN ORDINANCE APPOINTING A MEMBER OF THE CIVIL SERVICE COMMISSION; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. City Council Meeting Minutes - February 9, 1998 Page 4 Motion was made by Councilperson Maxwell to approve this Ordinance as read by the Assistant City Attorney. Second by Councilperson Gay. 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 ORD' ANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, PROHIBITING ANY EXPENDITURE FOR GOODS OR SERVICES BY THE CITY FROM ANY PERSON OWING ANY DELINQUENT INDEBTEDNESS TO THE CITY; PROHIBITING THE ISSUANCE OF ANY PERMIT, LICENSE, OR CERTIFICATE UNDER CHAPTER 82 OF THE CODE OF ORDINANCES, TO ANY PERSON OWNING ANY DELINQUENT AD VALOREM TAXES TO THE CITY, ON THE REAL PROPERTY WHICH IS THE SUBJECT OF THE APPLICATION FOR A PERMIT, LICENSE, OR CERTIFICATE (Ord. 98-2217) R.T. Herrera City Manager Robert T. Herrera presented summary and recommendation to City Council. Mr. Herrera informed City Council that this Ordinance would take the place of a similar Ordinance which was passed in 1965, and was inadvertently omitted during the recent codification process. Assistant City Attorney read: ORDINANCE 98-2217 - AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, PROHIBITING ANY EXPENDITURE FOR GOODS OR SERVICES BY THE CITY FROM ANY PERSON OWING ANY DELINQUENT INDEBTEDNESS TO THE CITY; PROHIBITING THE ISSUANCE OF ANY PERMIT, LICENSE, OR CERTIFICATE UNDER CHAPTER 82 OF THE CODE OF ORDINANCES, TO ANY PERSON OWING ANY DELINQUENT AD VALOREM TEAXES TO THE CITY, ON THE REAL PROPERTY WHICH IS THE SUBJECT OF THE APPLICATION FOR A PERMIT, LICENSE, OR CERTIFICATE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE CERTIFICATE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Clarke to approve this Ordinance as read by the Assistant City Attorney. Second by Councilperson McLaughlin. The motion carried, 9 ayes, 0 nays. • City Council Meeting Minutes - February 9, 1998 Page 5 Ayes: Councilpersons Sutherland, Engelken, Ebow, McLaughlin, Porter, Gay, Maxwell, Clark and Malone. Nays: None 10. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND SOUTHERN IONICS INCORPORATED, FOR PROVISION OF POTABLE WATER SERVICE - (Ord. 98-2218) D. Kneupper Assistant City Manager John Joerns presented summary and recommendation to City Council. Mr. Joerns informed Council that the term of the Water Service Agreement is for five (5) years, plus any renewals and extensions thereof. However, the Agreement shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or if the City exercises the right of termination. Assistant City Attorney read: ORDINANCE 98-2218 - AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND SOUTHERN IONICS INCORPORATED, FOR PROVISION OF POTABLE WATER SERVICE; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Sutherland to approve Ordinance 98-2218 as read by Assistant City Attorney. Second by Councilperson Gay. The motion carried, 9 ayes, 0 nays. Ayes:: Councilpersons Sutherland, Engelken, Ebow, McLaughlin, Porter, Gay, Maxwell, Clark and Malone. Nays:: None 11. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE CALLING THE REGULAR ANNUAL ELECTION OF THE CITY OF LA PORTE ON MAY 2, 1998; CALLING A RUN-OFF ELECTION ON MAY 30, 1998, IF NECESSARY, AND CALLING FOR ALL PROCEDURES NECESSARY FOR CONDUCTING SAID ELECTION (Ord. 98-2219) - K. Askins Assistant City Attorney John Armstrong presented summary and recommendation noting that legislative changes changed early voting to the lTh • City Council Meeting Minutes — February 9, 1998 Page 6 day prior to the election date as opposed to the 20' day as it has been in the past. In addition, he noted the presiding judges and alternate judges were left blank in the Ordinance pending confirmation by staff. A motion was made by Councilperson Maxwell to approve the Ordinance as as presented. Second by Councilperson Engelken. The motion carried, 9 ayes and 0 nays. 12. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE AMENDING SECTION 66-123 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, A SECTION ENTITLED "HOTEL OCCUPANCY TAX" (Ord. 98-2220) J. Litchfield Assistant City Manager Jeff Litchfield presented summary and recommendation to City Council. Mr. Litchfield advised City Council that included in the 1997- 98 Fiscal Year budget was a change in the rate of the Hotel/Motel Occupancy Tax from four percent to seven percent. This rate is assessed to patrons of local lodging establishments. The four percent rate has been in effect since 1983. In addition, Mr. Litchfield noted a survey of area municipalities revealed that seven percent is the standard rate assessed. Assistant City Attorney read: ORDINANCE 98-2220 - AN ORDINANCE AMEiNDING SECTION 66-123 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, A SECTION ENTITLED "HOTEL OCCUPANCY TAX"; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. A motion was made by Councilperson McLaughlin to approve the Ordinance as as presented. Second by Councilperson Porter. The motion carried, 9 ayes and 0 nays 13. CONSENT AGENDA - ANY .ITEM MAY BE REMOVED BY A COUNCILPERSON FOR DISCUSSION A. CONSIDER AUTHORIZING PURCHASE OF PAGERS AND RADIOS FROM HGAC - S. Kelley B. CONSIDER AWARD OF CONTRACT TO BUSY BODY FITNESS TO PROVIDE STRENGTH EQUIPMENT FOR THE RECREATION AND FITNESS CENTER - S. Barr Motion was made by Councilperson McLaughlin to approve Consent Agenda as • 0 City Council Meeting Minutes - February 9, 1998 Page 7 rp esented. A second was made by Councilperson Engelken. The motion carried, 9 ayes, 0 nays. Ayes: Councilpersons Sutherland, Engelken, Ebow, McLaughlin, Porter, Gay, Maxwell, Clark and Malone. Nays:: None 14. CALL TO ORDER WORKSHOP MEETING Mayor Malone called the Workshop Meeting to order at 6:45 p.m. The following items were discussed at the Workshop Meeting: A. REVIEW PROPOSED FIRE CODE AMENDMENT - P. Hickenbottom B. REVIEW RECREATION/FITNESS CENTER COSTS AND FEES - J. Litchfield 15. ADJOURN WORKSHOP MEETING Mayor Malone adjourned the Workshop Meeting at 7:20 p.m. 16. CONSIDER APPROVAL OR OTHER ACTION REGARDING APPROVAL OF AN ORDINANCE ADOPTING AND ENACTING THE STANDARD FIRE PREVENTION CODE - 1994 EDITION, TOGETHER WITH SUCH RECOGNIZED STANDARDS AND PUBLICATIONS AS ARE INCORPORATED THEREIN, AND FURTHER ADOPTING SUCH AMENDMENTS AS ARE HEREINAFTER INCLUDED, AS THE OFFICIAL FIRE CODE OF THE CITY OF LA PORTE; BY PROVIDING FOR THE AMENDMENT OF SECTION 38-101 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE - Ord. 98-2221 - P. Hick:enbottom Assistant City Attorney read: ORDINANCE 98-2221 - AN ORDINANCE ADOPTING AND ENACTING THE STANDARD FIRE PREVENTION CODE-1994 EDITION, TOGETHER WITH SUCH RECOGNIZED STANDARDS AND PUBLICATIONS AS ARE INCORPORATED THEREIN, ANI) FURTHER ADOPTING SUCH AMENDMENTS AS ARE HEREINAFTER INCLUDED, AS THE OFFICIAL FIRE CODE OF THE CITY OF LA PORTE; BY PROVIDING FOR THE AMENDMENT OF SECTION 38-101 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; City Council Meeting Minutes - February 9, 1998 Page 8 PROVIDING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. A motion was made by Councilperson Sutherland to approve the Ordinance as read by the Assistant City Attorney. A second by Councilperson Engelken. The motion carried, 9 ayes, 0 nays. Ayes- Councilpersons Sutherland, Engelken, Ebow, McLaughlin, Porter, Gay, Maxwell, Clark and Malone. Nays:: None 17. ADMINISTRATIVE REPORTS City :Manager Robert T. Herrera reminded City Council that a majority of them will be out of town on City business for the Council Meeting on March 9, 1998. As a result of that, staff recommends the March 9, 1998 meeting be cancelled. 18. COUNCIL ACTION Councilpersons Sutherland, Engelken, Ebow, McLaughlin, Porter, Gay, Maxwell, Clarke and Malone brought items to Council's attention. 19. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, AND 551.084, TEXAS GOVERNMENT CODE, - (CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, CONFERENCE WITH EMPLOYEES DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION) A. SECTION 551.074 - (APPOINTMENTS) DISCUSS APPOINTMENT TO BOARDS AND COMMISSIONS Council retired into executive session at 7:30 p.m. under Section 551.074 (APPOINTMENTS), Discuss appointments to Boards and Commissions. Council returned to the table at 8:03 p.m., with no action taken. 20. COPJSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION. City Council Meeting Minutes - February 9, 1998 Page 9 There was no consideration for this item. 21. ADJOURNMENT There being no further business to come before Council, the Regular Meeting was duly adjourned at 8:08 p.m. Respectfully submitted, ��M " 0"' 0 Martha A. Gillett City Secretary Passed and approved on this 23rd day of February, 1998. Guy the and, Mayor Pro Tem June 29, 1998 ADMINISTRATIVE NOTE TO FELE: On February 9, 1998, Council adopted Ordinance 1501-Z. This number had already been used and needs to further reflect: this number will become 1501-Z-1. The next Zoning Ordinance number will pick up as 1501-AA. I spoke with John Armstrong today and this is how he suggested this numbering problem be corrected. In addition, please note the content of these Ordinance were not changed at all, only the number itself. Martha A. Gillett City Secretary 4 City of La Porte vireotor, Louis Rigby Administrative Services Department Manger, KimbedVMeismw Human Resources Division Secretary, Sheri Hayman Interoffice Memorandum January 13, 1998 To: Martha Gillett, City Secretary From: Kimberly Meismer, Human Resources Manager Subject: Retiree Recognition at City Council Meeting Please place the following on the City Council agenda for the meeting on January 26, 1998. Retiree Recognition Ted Keeler — Fire Engineer Background: Ted Keeler began his employment with the City of La Porte on November 9, 1977as a Fireman. He is currently a Fire Engineer. Ted will retire effective January 31, 1998. He will have served the City of La Porte for 20 years and 2 months. We would like: to commend him on his loyalty and dedication to the City of La Porte and the Fire Department. Congratulations. • . 0 (5 Agenda Date Requested: 2-9-98 Requested By: Guy Rankin a Report Exhibits: 1. Ordinance Department: Planning Resolution Summary & Recommendation X Ordinance The Planning and Zoning Commission has met on numerous occasions to consider amendments to Chapter 106 of the Code of Ordinances, regarding Non -Conforming Buildings, Structures, Uses, and Lots of Record; Section 106-261, et-seq. During their November 20, 1997, meeting, the Commission voted unanimously to recommend City Council approval of the proposed amendments. On January 12, 1998, City Council addressed the subject during a workshop session. A.Public Hearing will be conducted during the February 9, 1998, Council meeting, to receive citizen input. Action Required by Council: Conduct Public Hearing. 2. Consider an amendment to Chapter 106 of the Code of Ordinances, regarding Non - Conforming Buildings, Structures, Uses, and Lots of Record; Section 106-261, et-seq. Availability of ]Funds: N/A General Fund Capital Improvement Other Account Number: Approved for City Council Agenda Water/Wastewater General Revenue Sharing Funds Available: Yes No • June 29, 1998 ADMINISTRATIVE NOTE TO FILE: On February 9, 1998, Council adopted Ordinance 1501-Z. This number had already been used and needs to further reflect: this number will become 1501-Z-1. The next Zoning Ordinance number will pick up as 1501-AA. I spoke with John Armstrong today and this is how he suggested this numbering problem be.corrected. In addition, please note the content of these Ordinance were not changed at all, only the number itself. Martha A Gillett n(� City Secretary • ORDINANCE NO. 1501-.'z - AN ORDINANCE AMENDING CHAPTER 106, SECTION 106-236 et seq, DIVISION 8 . "SITE PLAN", AND CHAPTER 106 SECTION 106-261 et seq, DIVISION 9 "NONCONFORMING BUILDINGS, STRUCTURES AND USES" ,OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; 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 ONE THOUSAND DOLLARS ($1,000.00) FOR EACH VIOLATION; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SAVINGS CLAUSE AND 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 16th day of October 1997, at 6:00 p.m., a public hearing was held before the Planning and Zoning Commission of the City of La Porte, Texas, pursuant to due notice, to consider the question of the possible amendment of the Zoning Ordinance as herein described. There is attached 'to this Ordinance as Exhibit "A", and incorporated by reference herein and made a part hereof for all purposes, the publisher's affidavit of publication of notice of said hearing. Section 2. Subsequent to such public meeting, the City of La Porte Planning and Zoning Commission met in regular session on November 20, 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 December 1, 1997, a true copy of which letter is attached hereto as Exhibit "B," and incorporated by reference herein, and made part hereof for all purposes. ORDINANCE NO. 1501-71 Page 2 COPY Section 3. The City Council of the City of La Porte hereby finds, determines and declares that on the 9' day of February 1998, 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 Chapter 106, Divisions 8 and 9 of the Code of Ordinances 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. Chapter 106, Division 8, Section 106-236 et seq, and Chapter 106, Division 9, Section 106-261 et seq of the Code of Ordinances of the City of La Porte is hereby amended by replacing current Chapter 106, Article II, Divisions 8 and 9 with the language contained in Exhibit "D", which includes new Chapter 106, Article II, Divisions 8 and 9 of the Code of Ordinances of the City of La Porte, which said Exhibit "D" is fully incorporated by reference herein, and which shall hereafter be incorporated into the Chapter 106 of the Code of Ordinances of the City of La Porte, and which shall hereafter read as indicated on said attached Exhibit M." Section 6. Any person, as defined in Section 1.02(27) Texas Penal Code, who shall violate any provision of this Ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Thousand Dollars ORDINANCE NO. 1504-Z 9 Pa e 3Copy ($2,000.00). Each day a violation of this ordinance shall continue shall constitute a separate violation. Section 7. All rights or remedies of the City of La Porte, Texas, are expressly saved as to any and all violations of any Zoning Ordinance or amendments thereto, of said City of La Porte, that have accrued at the time of the effective date of this Ordinance; and as to such accrued violation, the court shall have all the powers that existed prior to the effective date of this Ordinance; and as to such accrued violation, the court shall have all the powers that existed prior to the effective date of this Ordinance; and that all existing violations of previous zoning ordinances which would otherwise become non -conforming: uses under this Ordinance but shall be considered as violations of this Ordinance in the same manner that they were violations of prior zoning ordinances of said City of La Porte. Section 8. 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. Section 9. 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 ORDINANCE NO. 1501- • Page 4 COPY 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 10. This Ordinance shall become effective fourteen (14) days after its passage and approval, however, implementation of this ordinance will not take place until 180 days after its passage. 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 DAY OF , 1998. CITY OF LA PORTE By: NORMAN-MALONE, Mayor ATTEST: f MARTHA i-iLLETT, City Secretary OEXHIBIT "A" • THE STATE OF TEXAS ) COUNTY OF HARRIS ) CITY OF LA PORTE ) NOTICE OF PUBLIC HEARING In accordance with the provisions of the Code of Ordinances, City of La Porte, Texas, Chapter 106, notice is hereby given that the La Porte Planning and Zoning Commission will conduct a Public Hearing at 6:00 P'.M. on the 16th day of October, 1997, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider amendments to Chapter 106 of the Code of Ordinances, City of La Porte, regarding Non -Conforming Buildings, Structures, Uses, and Lots of Record; Section 106-261, et-seq. A regular meeting of the Planning and Zoning Commission will follow the public hearing for the purpose of acting upon the public hearing items and to conduct other matters pertaining to the Commission. Citizens wishing to address the Commission pro or con during the Public Hearing will be required to sign in, before the meeting is convened. CITY OF LA PORTE Martha Gillett City Secretary • 1200 Hwy. 146 Suite 180 P.O. Box 1414 The County of Harris State of Texas CGQ?P)0yTexas 77571 (713) 471-1234 re Sun Before me, the undersigned authority, on this date came and appeared Sandra E. Bumgarner, duly authorized agent of The: Bayshore Sun, a semi -weekly newspaper published in La Porte, Harris County, Texas, and who after being duly sworn, says the attached notice was published in The Bayshore Sun of September 28, 1997 Sandra E. Bumgarner Office Manager Sworn and subscribed before me this day of rcSeL41?_ 7 A.D. 19 99. /vv1G�/J ✓ rsao '­�J Notary Public Harris County, Texas FRANCES M. WILLIAMS ®: NOTARY PUBUC. STATE OF TEXAS •3 a a MY COMMISSION EXPIRES MARCH 26, 1998 • c(n)[F)v THE STATE* OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE- NOTICE OF PUBLIC HEARING In accordance with the' -provisions of the Code of Ordinances, City of La Porte, Texas, . Chapter 106, notice is hereby given that the La Porte Planning and Zoning Co ion will conduct a Public Hearing at 6.•00 , M. jaimiont day f October, 97, in � e d the City al Wbst y, rte, x r The o th h g is consider amendments Chi " _the Code:: of'Orainances; City of &—Porte-, *ardIny- Non-Conforming Buildings, Structures, Uses, and Lots of Record; Section 106-261, et-seq. A regular meeting of the Planning and Zoning Commission. will follow the public hearing for the purpose of acting upon the _ public hearing items and to conduct other matters pertaining to the Commission. Citizens wishing to address the Commission pro or con during the Public Hearing will be required to sign in before the meeting is convened. . CITY OF LA PORTE Martha Gillett City Secretary EXHIBIT "B" 4� City of La Porte Established 1892 December 1, 1997 Honorable Mayor Norman Malone and City Council City of La Porte Re: Non -Conforming Buildings, Structures, Uses, and Lots of Record Dear Mayor Malone: The La Porte! Planning and Zoning Commission, during its November 20, 1997, meeting, considered a proposed amendment to Chapter 106 of the Code of Ordinances regarding Non -Conforming Buildings, Structures, Uses, and Lots of Record. The Planning and Zoning Commission has, by a unanimous vote, recommended that City Council consider approving this amendment to the Code of Ordinances. Respectfully Submitted, Betty . Waters Chairman, Planning and Zoning Commission c: Robert T. Herrera, City Manager John Joerns, Assistant City Manager John Armstrong, Assistant City Attorney La Porte Planning and Zoning Commission Members P.O. B-)x 1115 • L❑ Porte, Texas 77572-1115 • (71 3) 471-5020 • EXIiIBIT "C" THE STATE OF 717EXAS ) COUNTY OF HARRIS ) CITY OF LA PORTE ) NOTICE OF PUBLIC HEARING In accordance with the provisions of the Code of Ordinances, City of LaPorte, Texas, Chapter 106, notice is hereby given that the La Porte City Council will conduct a Public Hearing at 6:00 P.K on the 9th day of February,1998, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, LaPorte, Texas. The purpose of this hearing is to consider amendments to Chapter 106 of the Code of Ordinances, City of La Porte, regarding Non -Conforming Buildings, Structures, Uses, and Lots of Record; Section 106-261, et-seq. A regular meeting of the City Council will follow the public hearing for the purpose of acting upon the public hearing items'and to conduct other matters pertaining to the Council. Citizens wishing to address the Council pro or con during the Public Hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett City Secretary 1200 Hwy. 146 Suite 180 P.O. Box 1414 • O The B 01 County of Harris State of Texas 00F.' ne . 47 12 44571 re Sun Before me, the undersigned authority, on this date came and appeared Sandra E. Bumgarner, duly authorized agent of The Bayshore Sun, a semi -weekly newspaper published in La Porte, Harris County, Texas, and who after being duly sworn, says the attached notice was published in The Bayshore Sun of January 25, 1998 Sandra E. Bumgarner Office Manager Sworn and subscribed before me this aaLD_ day of Fc.81tu,►27 A.D. 199Y - ✓l�nGw A,..Lwn.o Notary Public Harris County, Texas . llllllllllllllllll�;r „ FRANCES M. WILLIAMS + : NOTARY PUBLIC. STATE OF TEXAS �Tfo'tE+� MY COMMISSION EXPIRES MARCH 26, 1998 /lll.�llllllllllflllll• � • C�Co f��'I • EXHIBIT `D' is DIVISION 8. SITE PLAN COPY Section 106-236 Certified Site Plan Required. Any person desiring to improve property shall submit to the City of LaPorte Planning Department a certified site plan of said premises and information giving the location and dimensions of existing and proposed buildings and parking lots, location of easements crossing the property, anyand all encroachments, and other information which may be necessary to ensure conformance to this Ordinance. In the case of residential construction, a certified site plan shall not be required when: 1) Said residential construction is only for an accessory building of less than 200 square feet; 2) Said construction is on lots or tracts that have been surveyed by a registered surveyor, and have all property corners permanently marked and visible; or 3) Said construction consists of the modification of an existing residential structure. Section 106-237 Conformance with Thoroughfare Plan. All buildings shall be placed in such a manner that they will not obstruct future streets which may be constructed using existing rights -of way or dedicated rights -of -way in accordance with the adopted thoroughfare plan of the City of La Porte. Section 106-238 One Principal Building Allowed Per Lot. Except in the case of apartment or condominium developments, industrial developments and Planned Unit Developments, as provided for in this Ordinance, not more than one (1) principal building shall be located on a lot. The words "principal building" shall be given their common, ordinary meaning; in case of doubt or on any question of interpretation the decision of the Enforcement Officer shall be final, subject to the right of appeal to the Board of Adjustment. Section 106-239 Application of Yard and Parking Requirements to Through Lots. On a through lot within residential districts (a lot fronting on two (2) substantially parallel streets), the rear lot line shall be defined as the major street, where access is prohibited, and the minimum rear yard setback shall be twenty feet (20') for applying the yard and parking regulations of this Ordinance. Section 106-240 Minimum Building Setback. Except in a planned unit development, no building shall be located closer than ten (10) feet from any existing or proposed street right-of-way. Sections 106-2,41-106-260. Reserved. DIVISION 9. NONCONFORMING BUILDINGS, STRUCTURES AND USES Section 106-261 Generally. The general public, the Planning and Zoning Commission and the Board of Adjustment are directed to take note that non -conformities in the use and development of land and buildings are to be avoided, or eliminated where now existing, wherever and whenever possible, except: when necessary to preserve property rights, specific structures, lots, or uses established prior to the date these regulations became effective as to the property in question, and when necessary to promote the general welfare and to protect the character of surrounding property. It shall be the responsibility of the Planning and Zoning Commission and the Board of Adjustment to assist the. City Council in achieving this goal by advising the City Council of their recommendations thereon. As necessary, the City Council: may from time to time on its own motion or upon cause presented by interested property owners inquire into the existence, continuation or maintenance of any non -conforming use within the City. 1) Conforming Use does not Change to Non -conforming Use if Adjacent Pro a Subsequently Changes Zoning Classification. A use that conforms to the zoning regulations on the effective date of this Zoning Ordinance at the time of initial development of the site shall not subsequently be deemed a non -conforming use solely because the use changes on an adjoining property. 2) Accessory Use of Structure. No structure that is accessory to a principal non -conforming use or a non- conforming structure shall continue after such principal use or structure has been terminated, removed or otherwise brought into compliance, unless it complies with all of the regulations of the district in which it is located. 2 • 0 Section 106-26.2 Non -Conforming Structures. 1) Limitation on Regulation. No structure, otherwise in accordance with the provisions of these regulations or an amendment hereto, shall be rendered or be deemed a non -conforming structure solely for a failure to comply with provisions relating to Article V, Division 2, Accessory Buildings, Uses, and Equipment, of this Ordinance. 2) Continuance of Non -Conforming Structures. Subject to all limitations herein set forth, any non -conforming structure may be occupied and operated and maintained in a state of good repair, but no non -conforming structure shall be enlarged unless the enlargement is made in accordance with the provisions of section 106-262 (7) of this Ordinance. 3) Accidental Damage to Structure. If a building occupied by non -conforming uses is destroyed by fire or the elements, it may not be reconstructed or rebuilt unless it conforms with the provisions of this Ordinance. In the case of partial destruction by fire or other causes, not exceeding fifty percent (50%) of its value, as determined by a licensed appraiser, the Enforcing Officer of the City of LaPorte, - Texas may issue a permit for reconstruction. If greater than fifty percent (50%) and less than total, the Board may grant as a special exception a permit for repairs but not for enlargement or reconstruction of the building. 4) Obsolescence of Structure. The right to operate and maintain any non -conforming structure shall terminate and shall cease to exist whenever the non -conforming structure becomes sub -standard under the codes and ordinances of the City of LaPorte, Texas, and the cost of placing such structure in lawful compliance with applicable ordinances exceeds fifty percent (50%) of the replacement cost of such structure, as determined by a licensed appraiser, on the date that the Enforcement Officer determines that such structure is obsolete or sub -standard. The Enforcement Officer of the City of LaPorte, Texas shall notify the owner of such non -conforming structure, as shown on the certified tax rolls of the City of LaPorte, Texas, as to the date of termination of the right to operate and maintain such non -conforming structure, and as to the procedure to be followed to bring such structure into compliance with this ordinance, or other codes and ordinances of the City. The burden of proof in showing that the structure's repair cost does not exceed fifty percent (50%) of the replacement cost of such structure rests upon the owner of such structure. 5) Determination of Replacement Cost. 3 In detemoining the replacement cost of any non -conforming structure, the cost of land or any factors other than the non -conforming structure itself, shall not be included. 6) Repairs and Alterations. Repairs .and alterations may be made to a non -conforming building or structure; provided, that no external alterations shall be made except those required by law or ordinance, unless the building is changed to a conforming use. No additional dwelling units shall be added where the non -conforming use results from there being more dwelling units .on the lot than is permissible in the district in which the building is located. 7) Enlargement to Non -conforming Structure. A structure that is non -conforming may be altered, remodeled or otherwise improved, but not enlarged, unless the Board of Adjustment determines (pursuant to Section 106-191) that such enlargement will not result in an increase in the degree of nonconformity with the regulations and development standards of the district in which it is located. a) Submission of Schedule to Eliminate Non -conformity. The applicant shall present to the Board of Adjustment a schedule for elimination or substantial reduction of the nonconformity over a reasonable period of time not to exceed 20 years, or setting forth the reasons why such action is not reasonably possible. b) Anproyal of Schedule by Board of Adjustment. The Board of Adjustment shall review and make any revisions found necessary to ensure that priority is given to elimination or reduction of those non- conformities that have significant adverse impacts on surrounding properties, and which can reasonably be ameliorated taking into account the effect of the configuration of the lot and the location of existing structures and the cost of eliminating or substantially reducing such non -conformities. 8) Abandonment of Non -Conforming Use or Non -Conforming Structure. A non -conforming use shall be deemed abandoned when the use ceases to be used for the non -conformity for a period of one -hundred eighty (180) consecutive calendar days. The non -conforming use, when abandoned, shall not resume. A non -conforming structure shall be deemed abandoned when the structure ceases to be used for the non -conformity for a period of one -hundred eighty (180) consecutive calendar days. The use of the non -conforming structure, when abandoned, shall not resume. M 0 0 When it has been determined by the Enforcement Officer that a non -conforming use or structure has been abandoned, notification shall be made by certified mail to the owner (as shown on the certified tax rolls) of the abandoned non -conforming . use or structure. The owner or his representative seeking to maintain such non- conforming use or structure may appeal the Enforcement Officer's decision to the Board of Adjustment. The property owner or his representative seeking to maintain the existing non -conforming structure shall have the burden of proving to the Board of Adjustment in such appeal that the structure or use has not been abandoned for a period of one hundred eighty (180) consecutive calendar days, and that the owner or his representative did not intend to abandon the non -conforming structure or use during said one hundred eighty (180) day period. Section 106-263 Non -Conforming Uses. 1) Continuance of Non -Conforming Uses subject to this Ordinance. Subject to the provisions of this Ordinance relating to extended useful life of non- conforming uses, any non -conforming use may be continued in operation on the same land area and on the same floor in a structure or structures which were occupied by the non -conforming use on the effective date of this ordinance, provided that such land area or floor area shall not be increased, except that such limitation shall not apply for farming uses. 2) Changing a Non -Conforming Use. Any non -conforming use or structure may be changed to a use conforming to the regulations , established in this ordinance for the district in which the non -conforming use or structure is located, or the non -conforming use or structure may be changed to a use or structure more conforming to the zoning district in which the: non -conforming use or structure is located. For purposes of this section, the term "more conforming to the zoning district in which the non -conforming use or structure is located" shall mean a less intense use, (per the Standard Industrial Classification Code). Whether or not a use is more conforming to the zoning district in which the non -conforming use or structure is located is a question to be determined by the Planning Director, subject to appeal as provided in this Division. A non -conforming use or structure so changed shall not thereafter be returned to a non -conforming use or structure. Section 106-264 Notification of Non -conforming Status. 5 00 Pion Owners and occupants of property subject to extended useful life and/or termini o non -conforming status pursuant to this Ordinance shall be notified of such status by the Planning Director of the City of La Porte. The Planning Director shall mail written notice, prior to- or concurrently with the notice of public hearing pursuant to 106-266, to all persons having an interest in property (as shown by the tax rolls of the City of La Porte) where the property is located and to the occupant of each non -conforming use in the City of La Porte by regular and by certified mail, return receipt requested. The notice shall state that the use is subject to a determination of its extended useful life and termination requirements and shall specify the procedures for obtaining an exemption from the extended useful life and termination requirements of 106-265 and 106-266. 1) Application Requirements. An owner or qualified occupant of a non -conforming use or structure may seek an exemption from the extended useful life and termination requirements of Section 106-266. The grounds upon which such an exemption may be sought shall be either: (1) that the non -conforming use or structure has no adverse impact upon allowed land uses in the district in which it is located; or (ii) that the non -conforming use or structure can be made compatible with such surrounding uses upon compliance with specified conditions. Such owner or qualified occupant shall submit an application to the Planning Director, on a form provided by the Planning Director, no less than 10 working days prior to the date scheduled for the public hearing being conducted pursuant to Section 106-266 2) Board Review and Decision. The Board of Adjustment shall hold the public hearing pursuant to Section 106- 266, following the procedures for hearings before the Zoning Board of Adjustment established in the Zoning Ordinance; and shall consider the application for an exemption from the extended useful life and termination requirements of Section 106-266. The owner or qualified occupant shall have the burden of proving the grounds for the exemption sought. Upon conclusion of the hearing, if the Board of Adjustment finds that the use of the property has no material adverse impact upon the land) uses permitted in the district in which it is located or can be made reasonably compatible with such uses through the 'imposition of specified conditions, it shall exempt the non -conforming use from the extended useful life and termination requirements of Section 106-266, and impose such conditions as it finds necessary to ensure reasonable compatibility with surrounding properties and uses, including, but not limited to: (i) required improvement of (or modifications to) existing improvements on the property; or (ii) limitations on hours or nature of operations; and (iii) a specified term of years for which the exemption shall be granted. 0 If the Board of Adjustment does not authorize an exemption from the extended useful life and termination requirements of Section 106-266, it shall after considering applicable law, information presented at the hearing and other factors deemed relevant by it, establish an extended useful life period for the non- conforming use in accordance with Section 106-266. 3) Appeal. Any person aggrieved by the decision of the Board of Adjustment or a taxpayer or an officer, department, board or bureau of the City, may appeal the decision in accordance with Section 211.011 of the Texas Local Government Code. Unless properly appealed within 10 days of the date the decision is filed in the Board of Adjustment's office, the decision of the Board of Adjustment is final and incontestable. Section 106-266 Extended Useful Life and Termination. 1) Extended Useful Life of Specific Non -conforming Uses. Non -conforming uses shall be terminated at the end of an extended useful life period established by the Board of Adjustment in accordance with this Section. The extended useful life period to be established shall not be less than 5 years, nor more than 20 years from the ' effective date of the Order of the Board of Adjustment, unless the Board determines on the basis of expert appraisal testimony that a greater extended useful life period is necessary to enable the property owner to recoup the current remaining useful investment in the property made prior to the date of the order of the Board of Adjustment establishing the extended useful life period. The Board of Adjustment, shall hold a public hearing, as required by Subsection (2) below, to establish an extended useful life period or to consider an application by the non -conforming user for exemption from the extended useful life and termination requirements set forth in this Section 106-266. If the Board of Adjustment grants an exemption, the use shall be known as an "exempted non -conforming use." If the Board of Adjustment does not grant an exemption, it shall establish an extended useful life period subsequent to the hearing procedure established in Subsection (2). If an application for exemption from extended useful life is not submitted, the Board of Adjustment shall establish an extended useful life period pursuant to Subsection (3). 0. 0 C01F)v 2) Public Hearing. a) The Board of Adjustment shall hold a public hearing to establish an extended useful life for each non -conforming use subject to notification pursuant to Section 106-264, or to consider an application for an exemption from the extended useful life and termination requirements of this Section as allowed in Section 106-265 and this Section, but subject to the following notification requirements: i) Written notice of the time and place of a public hearing, by certified mail, return receipt requested and postage prepaid, to the owner and occupant of the non -conforming use at least 30 days prior to the date of such public hearing; ii) Publication at least 30 days prior to the date of public hearing of a notice of the time and place of the hearing in at least one newspaper of general circulation in the City; and iii) Mailing of the notice of public hearing at least 30 days prior to the date of the public hearing to property owners within 200 feet, as determined pursuant to Section 106-89, of the lot line of the land subject to the application, inclusive of streets, alleys and rights -of -way, and to civic associations registered with the Planning Director, whose boundaries are wholly or partly within said 200 foot area b) Upon notification of the time and place of the public hearing, the owner or occupant of the non -conforming use to be subject to the extended useful life requirements of this ordinance may apply to the Planning Director for an exemption from extended useful life and termination pursuant to Section 106- 265 and include written information and documentation supporting a claim for an exemption from any extended useful life period. In the event the Board of Adjustment does not grant the exemption applied for, it shall establish an extended useful life period based on (i) applicable law, (ii) evidence submitted with 'the application, (iii) evidence presented at the hearing and (iv) other factors consistent with the purpose of this Zoning Ordinance to allow the owner to recoup the current remaining useful investment in the use made prior to the effective date of the order of the Board of Adjustment establishing the extended useful life period, specifically including but not limited to the testimony of experts in the field of property appraisal. The owner's or applicant's failure to submit evidence to support an extended useful life period shall be considered a waiver by the owner or applicant of any right to contest at the Board of Adjustment the length of any extended useful life period that the Board of Adjustment establishes. 3) Extended Useful Life Period. ®� In the event the owner or qualified occupant does not apply for exemption from an extended useful life period, the Board of Adjustment, at the public hearing, shall establish an extended useful life period based on (i) applicable law, (ii) evidence presented at the public hearing and (iii) other factors deemed relevant by the Board of Adjustment, to allow the owner or qualified applicant to recoup the current remaining useful investment in the use made prior to the effective date of this Zoning Ordinance, specifically including but not limited to testimony of experts in the field. of property appraisal. The extended useful life shall not be for less than 5 years nor more than 20 years from the effective date of the useful life period, unless the Board determines upon the basis of testimony from experts in the field of property appraisal presented at the public hearing, that an extension of the useful life period is necessary to enable the property owner to recoup the current remaining useful investment in the property made priior to the date of the order of the Board of Adjustment establishing the extended useful life period. 4) End of Extended Useful Life Period. At the end of the extended useful life period established by the Board of Adjustment for a particular use, the use shall terminate. Section 106-26.7 Revocation of Non -conforming Use Status. Upon the recommendation of the Planning Director or a motion of the Board of Adjustment, the Board of Adjustment shall undertake a review of (i) any non -conforming uses; or (ii) any exempted non -conforming uses established pursuant to 106-265 or 106- 266 and, after a public hearing and investigation as to the particular use in question, may require the revocation of the use status and the extended useful 1ife period or may order the termination of such use. For purposes of this Section 106-267, a use described in (i) or (ii) above, shall be herein sometimes referred to as a 'Revocable Use." 1) Initiation of Revocation Procedure. The Board of Adjustment shall undertake a review of any Revocable use only upon: (i) its own motion, upon a determination that a reasonable probability of one or more grounds for termination under 106-267(3) exist; or (ii) a report from the Planning Director recommending revocation of such Revocable Use, which shall be based upon a determination that a reasonable probability of one or more grounds for termination under 106-267(3) exist for such recommendation. 2) Board Notice. Review and Decision. Upon its own motion, or upon receipt of the Planning Director's report recommending the revocation of the status of the Revocable Use, the Board of Adjustment shall hold a public hearing to. consider revocation of a Revocable Use. Prior to holding such hearing, the Board of Adjustment shall provide public notice as follows: a) Written notice of the time and place of a public hearing, by certified mail, return receipt requested and postage prepaid, to all persons having an interest in the property as shown by the certified tax rolls of the City of LaPorte and to the occupant or occupants of the property containing said Revocable Use at least 30 days prior to the date of such public hearing; b) Publication at least 30 days prior to the public hearing of a notice of the time and place of the hearing in at least one newspaper of general circulation in the City; and c) Mailing of the notice of public hearing at least 30 days prior to the date of the public: hearing to property owners within 200 feet as determined pursuant to Section 106-89, of, the lot line of the land subject to the application, inclusive of streets, alleys and rights -of -way, and to civic associations registered with the Planning Director, whose boundaries are wholly or party within the 200 foot area. Upon the conclusion of the public hearing, the Board of Adjustment shall determine, on the basis of written findings of fact and conclusions, whether the status of the Revocable Use should be revoked and the use amortized or terminated. In making its determination whether or not to revoke, the Board of Adjustment shall consider the standards set forth in Section 106-267(3), and if it determines to revoke, it shall, in accordance with applicable law, after considering evidence presented at the hearing and other factors consistent with the purpose of this Zoning Ordinance, establish an extended useful life period for the owner to recoup the current remaining useful investment in the use made: by the owner prior to the time the use became non -conforming, in accordance with the procedures set forth above. The Revocable Use shall terminate at the end of the extended useful life period or the termination date, as the case may be, as established by the Board of Adjustment. 3) Required Findings and Standards in Board -Determination of Revocation. To support a finding and conclusion that revokes the status of a Revocable Use based on written findings of fact and conclusions, the Board of Adjustment must find any of the following (i) a violation of any condition Imposed by the Board of Adjustment pursuant to 106-265(2); (ii) that the continuation of the Revocable Use materially and continuously interferes in an adverse manner with the implementation of the legislative purposes of the zoning district in which the use is 10 located, or (iii) a pattern of repeated occurrences of one or more of the following with respect to the Revocable Use: a) Noise above the maximum permissible limits, as set forth in the Zoning Ordinance, or in any other City ordinance; b) Traffic generation of more than twice that of the same use or use of a similar nature, based on rates set forth in the most recent edition of the Institute of Traffic:. Engineers (ITE) Trip Generation Manual; c) Noxious or annoying emissions of odor, smoke, wastewater, light or other matters; d) Hours of operation that begin prior to 7:00 a.m. and extend beyond 10:00 p.m. and as such exacerbate general noise or traffic; e) Lack of substantial compliance with applicable City codes and ordinances; f) Police reports on alleged criminal activity associated with the non -conforming use; or g) Similar factors. 4) Non -conforming Uses Not Subject to Revocation of Status. Notwithstanding any provisions of this Section 106-267 that could be construed to the contrary, a residential use that is non -conforming in the particular district in which such use is located shall not be subject to revocation under this Section 106-267. 5) Conditions for Continuation. In making a decision not to revoke the status of a Revocable Use pursuant to Section 106-267(3) the Board of Adjustment may impose conditions on the use that are necessary to accomplish the purposes of this section, including, but not limited to required improvement of, or modifications to, existing improvements on the property or limitations on hours or nature of operations. 6) Appeal.. Any person aggrieved by the decision of the Board of Adjustment, or a taxpayer, or an officer, department, board or bureau of the City may appeal the decision in accordance with Section 211.011 0? the Texas Local Government Code. The decision of the Board of Adjustment is final and incontestable unless appealed to 11 0 • cop)'Y the district court within 10 days after the date the decision is filed in the Board of Adjustment's office. Section 106-2611 Non -Conforming Lots of Record. 1) Continuance of Non -Conforming Lots of Record. Subject to all limitations herein set forth, any non -conforming lot may continue without change in boundaries and maybe utilized or developed provided that the uses and development are otherwise authorized as provided herein. No new structure shall be placed thereon except in conformity with the applicable controls of the district in which the lot is located. No new use or change in occupancy may be undertaken on non -conforming lots of record, unless said change in use or occupancy is first submitted to the Planning Director for review. The Planning Director shall review said proposed change in use or occupancy, for purposes of insuring maximum compliance with this ordinance, taking into account the particular restraints imposed by the degree of non -conformity of said non- conforming lot of record. The Director's review shall include, but not be limited to parking, loading, vehicular access, landscaping, setbacks, utility availability, and other requirements as imposed by this ordinance. Decisions; of the Planning Director made pursuant to provisions contained in this section are subject to appeal to the Board of Adjustment as provided in Section 106-89 of this ordinance. 2) Discontinuance of Non -Conforming Lots of Record. Any lot which is made conforming by combining with other lots for purpose of sale or development, or by development, or by subdividing, thereafter shall be recognized as a conforming lot and shall comply in full with the provisions of these regulations; provided however, that a non -conforming lot of record that is made conforming shall not thereafter be changed back to a non -conforming lot. Section 106-269 Zoning of Annexed Property. 1) Tempora.ry R-1 Classification of Annexed Property, All territory annexed hereafter to the City of La Porte shall be temporarily classified as R-1 Low Density residential, only until permanently zoned by the La Porte City Council. Immediately after the annexation of any territory to the City of La Porte, the City Planning and Zoning Commission shall commence any action necessary to recommend to the City Council a permanent zoning classification. The procedure for making permanent such classification shall be the same as is provided by law for the adoption of the original zoning regulations, and shall take place within one hundred eighty (180) days from the date of annexation. 12 C� C 2) Developments Presented. to City Prior to Annexation. In the event a development or subdivision is presented to the City Planning and Zoning Commission prior to annexation, that specifies a particular land use, the Planning and Zoning Commission may recommend zoning categories to the City Council, after hearing, so that permanent zoning may be considered simultaneously and in conjunction with the annexation proceedings. 3) Issuance of Building Permits in Annexed Areas. In an area temporarily classified as R-1 Low Density Residential, a building permit may be issued for the construction of structures or uses permitted by low density residential district regulations, however, other structures or uses, are not permitted unless application for such structures or use is made to the City Planning and Zoning Commission for consideration and recommendation to the City Council. Sections 106-270.-106-300. Reserved. 13 1200 Hwy. 146 Suite 180 P.O. Box 1414 The B ITA County of Harris State of Texas GP Porte: Texas 77571 (713) 471-1234 re Sun 1947' Before me, the undersigned authority, on this date came and appeared Sandra E. Bumgarner, duly authorized agent of The Bayshore Sun, a semi -weekly newspaper published in La Porte, Harris County, Texas, and who after being duly sworn, says the attached notice was published in The Bayshore Sun of September 28, 1997 Sandra E. Bumgarner Office Manager Sworn and subscribed before me this � 6a_ day of FEB/2N,12 A.D. 19 98 . A. Votary Public Harris County, Texas m m o %Ew > �, u! 8 0m c •in m - n o R(CONIM m mm a N ill Vo tp a y7 (7 ar70. O_ .Z m O� 8 tag y cD 0 O o N aO N `° O .' C O oOa o' o ,,.�,,,. � 3 LA. m O O• N C C N b . O m y' 7 N eT. 10 :i N C O N C! O O W g n 7 y 5 00 n � m ��_ �3 m 10 a 01 g�� Nang -� ao m ao = 3 m mQ, { c Si o � o o m mro m ito ° OF0 e v .7m rc(o a cy ern. CD roro� W� 7 O. 3 C� O 0 w C m w !I w' m 2 JC m.� oxi -.mi°i � � O o flrn o o�rp c� m o `j fA Q3.g y o i FRANCES M. WILLIAMS , '< C m NOTARY PUBLIC, STATE OF TEXAS 1. Z O O Z 0 a ' MY COMMISSION EXPIRES m D O m MARCH 26, 1998 o -0=O -n c O>-4 3) M .7) > f n > .. Z i 1200 Hwy. 146 Suite 180 P.O. Box 1414 The,v B County of Harris State of Texas J.�Po ., exas 77571 (71471-1234 re Sun 1947' Before me, the undersigned authority, on this date came and appeared Sandra E. Bumgarner, duly authorized agent of The Bayshore Sun, a semi -weekly newspaper published in La Porte, Harris County, Texas, and who after being duly sworn, says the attached notice was published in The Bayshore Sun of January 25, 1998 Sandra E. Bumgarner Office Manager Sworn and subscribed before me this ;;�wlJ day of FE,B1aoPF_ A.D. 199Y h/ f Notary Public Harris County, Texas w � 9 < o m=o ? a° am 0 rrmm ° — S m=? 0 3. �Sm05.Q�gn ID �CD 0 IWp' m =n� c = m �� r %m� o N997 mn-5mOw -M8 won rc =m srr m-5 a •�. g m�mnwm ;.a�mo:m . W m 'T W � m •• llllr,�lllrllllllllr:,, . FRANCES M. WILLIAMS i NOTARY P UBLIC, STATE OF TEXAS �r +r MY COMMISSION EXPIRES F°f'MARCH 26, 1998 � �l✓lllll,�l.�llllll./lll s e e , �. (COPY ORDINANCE NO. 98- 2216 AN ORDINANCE APPOINTING A MEMBER OF THE CIVIL SERVICE COMMISSION; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby ratifies and confirms the appointment by the City Manager, of Robert Swanagan, as a member of the Civil Service Commission of the City of La Porte, for a term expiring on May 30, 2000, or until his successor shall have been duly appointed and qualified. -Section 2. If any section, sentence, phrase, clause or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reasons, be held invalid, such invalidity shall not affect the :remaining portions of this ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared 'invalid. Section 3. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of such conflict only. Section 4. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at'a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as 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 r� ORDINANCE NO. 98- 2216 • C�OpU 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 S. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 9th day of February, 1998. CITY -OF LA PORTE No_rman L. -Malone: Mayor ATTEST: _7Mt1teL cGIc Martha A. Gillett City Secretary City Attorney 0 COF)lf City of La Porte Established 1892 February 4, 1998 Hon. Mayor & City Council City of La Porte City Hall La Porte, Texas Gentlemen: I hereby appoint Robert Swanagan as a member of the Civil Service Commission of the City of La Porte, for a term expiring on May 30, 2000, or until his successor shall have been duly appointed and qualified. RTH:sw Yours very truly, CITY OF LA PORTE By: aaQ C � . 6�A a � Robert T. Herrera City Manager P.O. Box 1 1 15 0 Lt Porte, Texas 77572-1115 • (713) 471-5020 0 5) Agenda Date Requested: February 9. 1998 Requested By: _ Robert T. Herrera Department: Administration Report Resolution X Ordinance Exhibits: Ordinance SUMMARY & RECONIlVIENDATION During the recent recodification of the Code of Ordinances, Section 2.7 of the 1970 Code of Ordinances was inadvertently omitted. This section prohibits the purchase of goods or services from any person, firm, or corporation, owing any delinquent indebtedness to the City. The attached ordinance is a replacement for Ordinance No. 724, adopted by the City Commission of the City of U Porte on October 4, 1965, and will adopt the provisions of the original. In addition, this new ordinance includes the same provisions for anyone requesting the City to issue any permit license:, or certificate of any kind. Action Required by Council: Adopt Ordinance'No. 98- , prohibiting expenditures by the City for any goods or services from, or issuing any permit license, or certificate to, anyone owing any delinquent indebtedness to the City. Availability of )hinds: General Fund _ Water/Wastewater Capital Improvement _ General Revenue Sharing Other Account Number:. Funds Available: Yes No Approved for City Council Agenda ow r ,d�, opy ORDINANCE NO. 98- 2217 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA FORTE, PROHIBITING ANY EXPENDITURE FOR GOODS OR SERVICES BY THE CITY FROM ANY PERSON OWING ANY DELINQUENT INDEBTEDNESS TO THE CITY; PROHIBITING THE ISSUANCE OF ANY PERMIT, LICENSE, OR CERTIFICATE UNDER CHAPTER 82 OF THE CODE OF ORDINANCES, TO ANY PERSON OWING ANY DELINQUENT AD VALOREM TAXES TO THE CITY, ON THE REAL PROPERTY WHICH IS THE SUBzrECT OF THE APPLICATION FOR A PERMIT, LICENSE, OR CERTIFICATE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY'THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Article III, Finance, Division 2, Purchases and Contracts, of the Code of Ordinances of the City of La Porte, is hereby amended by adding Section 2-83, which shall read as follows: "Section 2-83. Purchases by city from delinquent debtors. (a) The city council hereby determines and declares that it shall be the policy of the city not to make any expenditure of any kind for goods or services by the city, from any person, firm, -or corporation, owing . any delinquent indebtedness to the city. (b) No officer or employee the purchase .of any goods or person, if such officer or believes that such person owes the city. of the city shall contract for services by the city from any employee knows or reasonably any delinquent indebtedness to (c) The purchasing division shall cause all bid proposal forms used by the city to include a written certification, by any person submitting a bid to the city for the furnishing of any manner of goods or services, to the city at the time of submitting such proposal, which indebtedness is delinquent, or, if :such person is unable to make such certification, then, and in that event such person, at his option, in order to qualify as a bidder, shall include in such proposal a tender to assign to the city from the proceeds of any such contract, should he be the successful bidder, an amount at least as great as the total sum of such delinquent indebtedness, or the total proceeds of such contract, whichever is the lesser amount. (d) For the purposes of this section, the term "delinquent indebtedness" shall mean any indebtedness due and owing to the city, including, but not limited to, ad valorem taxes on real and personal property, which property is in fact owned by and is legally subject to taxation, by any person covered by the terms of this section, whether or not the same may have been property rendered to the tax assessor -collector by any person. Such team shall also include, but not be limited to, charges 98-2217 • U for penalties, interest and costs on any such ad valorem taxes; charges for water, sewer, garbage and other services rendered or goods furnished by the city to any person; and any other manner of indebtedness to the city, now existing or which may hereafter be created, by any person. No such . indebtedness shall be considered "delinquent" under the terms of this section, until the time for its current payment under the various ordinances of the city, or the state statutes, shall have expired, without payment in full having been made. (e) For the purposes of this section, the term "goods or services," shall be construed to mean supplies, services, or equipment of every kind and nature which the city may from time to time contract to be furnished or to be performed." Section 2. Article I, Buildings and Building Regulations, of the Code of Ordinances of the City of La Porte, is hereby amended by adding Section 82-1, which shall read as follows: "Section 82-1. No building permits on property with delinquent taxes. (a) The city council hereby determines and declares that it shall be the policy of the city not to issue any permit, license, or certificate, of any kind under this Chapter 82, to any person, firm, or corporation, owing any delinquent ad valorem taxes to the city. on the real property which is the subject of the application for a permit, license, or certificate. Ad valorem taxes shall be considered "delinquent" under the terms of this section, if not paid in full by February 1st of the year following the year in which said taxes were assessed. (b) No officer or employee of the City shall issue a permit, license, or certificate, of any kind under this Chapter- 82, without first determining that no delinquent ad valorem taxes are owed to the city on the real property which is the subject of the application for a permit, license, or certificate." Section 3. If any provision, section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity of the remaining portions of this Ordinance. It is the intent of the City in adopting this Ordinance that no portion or provision thereof shall become inoperative or fail by reason of any invalidity or unconstitutionality of any 98-2217 • � �� 'F�� fail by reason of any invalidity or unconstitutionality of any other portion or provision, and to this end all provisions of this Ordinance are declared to be severable. Sectio=i 4. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 9th day of February, 1998. ATTEST: Ma tha A. Gillett City Secretary APP / r Knox W. Aski.ns City Attorney CITY OF LA PORTE Norman L. Malone Mayor 3 Agenda Date Requested: February 9, 1998 Requested By: Doug Kneuppe Department: Planning Report Resolution X Ordinance Exhibits: Ordinance Water Service Agreement Policy Providing Water to Industries Within ETJ Area Map Summary & Recommendation Council has previously approved a policy for provision of potable water service to companies outside the corporate city limits that have current Industrial District Agreements with the City. Southern Ionics Incorporated wishes to pursue water service under the terms and conditions offered by the City. Based on 40 on -site employees, the average monthly demand is estimated to be 61,000 gallons, for which Southern Ionics Incorporated will pay one and one-half (1 '/ ) times the City's current rate. The term of the Water Service Agreement is for five (5) years, plus any renewals and extensions thereof. However, the Agreement shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or if the City exercises the right of termination. Based on 40 on -site employees, Southern Ionics Incorporated shall be subject to an administrative connection charge in the amount of $5,000 which has been paid to the City. In addition, Southern Ionics Incorporated has submitted a check in the amount of $16,122. This amount will be forwarded to Akzo-Nobel as reimbursement for the installation of the 8" water line along Bay Park Road. Southern Ionics Incorporated will tie onto a main that is existing along the west side of Bay Park Road. Staff recommends approval of the Water Service Agreement submitted. Action Required by Council Consider approval of an ordinance authorizing the City to enter into a Water Service Agreement with Southern Ionics Incorporated. Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: Funds Available: Yes No ORDINANCE NO. 98- 2218 AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND SOUTHERN IONICS INCORPORATED, FOR PROVISION OF POTABLE WATER SERVICE; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IA 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 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 ORDINANCE NO. 98= 2218 and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 9th day of February, 1998. CITY F LA PORTE NormanL. Malone, Mayor ATTEST: Martha Gillett City Secretary City Attorney ® Revised 5/8/95 8egLuests for Potable Water Service Outside the City of La Porte for Companies pith an Industrial District Agreement I. The proposed user shall supply the following information in writing: 1. Statement of utility demands including as a minimum: Average day demand Peak day demand Minimum working pressure requirements Number of regular and contract employees Which shall be reviewed and approved by the City of La Porte 2. Certified site plan showing the total acreage of the tract including present and proposed improvements and a• suitable location map of the site. II. City of La Porte will determine availability of adequate utilities based on the number of employees (regular and contract) onsite times an average day demand of 50 gallons/day/employee.- If adequate utilities are available the provisions outlined in Section III shall apply. If adequate utilities are not available potable water service shall not be recommended unless special provisions are made (and approved) for a utility extension of proper size to meet present and projected demands for municipal water service for the area. All proposed extensions shall meet the City of La Porte policy for a utility extension agreement which requires: - procurement of all necessary easements, right-of-ways, permits, etc. (at no cost to the City) - dedication of utility to the City .of La Porte. as well as other provisions. • C� III. Requests for potable water service by users outside the City limits of La Porte shall be subject to the following conditions: 1. Must have City of La Porte Council approval. ■ City determines locations, line sizes and approves plans ■ No outlay of City funds (other than administration of contracts and policies) ■ Lines to be installed in easements or if installed in rights -of -way Industry would be responsible for future relocation expenses. 2. Require that City water be used for human consumption, washing, etc., and at no time be used for process water of any sort without specific approval of City Council. 3. Where required by the City of La Porte (mandatory for all process -type plants) a reduced pressure zone backf low preventor must be installed to protect the City from any possible cross -connections. 4. When recommended by the City of La Porte, a meter bypass will be installed. S. All plumbing shall be permitted and shall meet applicable State and City of La Porte code requirements. City of La Porte shall have the right to inspect any and all work related to the furnishings of potable water to the user. 6. The proposed user shall pay a one-time connection fee of $100.00 per employee; with a minimum of $5,000 and a maximum of $15,000. 7. The user shall pay 1500 of the water rates currently in effect for users within the corporate limits of the City of La Porte. For water usage in excess of the average day demand the user shall pay 200%- of the water rates currently in effect for users within the corporate limits of the City of La Porte. 8. The user shall enter into a contract with the City of La Porte outlining the provisions for potable water service outside the corporate limits of La Porte. 9. Exceptions: ■ Prior contracts or commitments made by City of La Porte ■ Council has right to review, modify or enter into other agreements as it sees fit. EXHIBIT FAIRMONT PKWY. - - - -1-7 0 Revised 09/97 Page 1 of 6 STATE OF TEXAS § COUNTY OF HARRIS § WATER SERVICE AGREEMENT (Without Utility Extension Agreement) This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and SOUTHERN IONICS INCORPORATED, a corporation, hereinafter called "COMPANY". I. COMPANY is the owner of certain real property which is situated in CITY'S Bayport Industrial District and not within the corporate limits of the CITY. CITY and COMPANY are parties to a current Industrial District Agreement. II. COMPANY is desirous of purchasing potable water from CITY for usual human domestic consumption and uses, and not for use for industrial processes of any kind. Previous planning considerations for the long-range potable water supply of CITY did not include the needs of property located outside the city limits of CITY. COMPANY recognizes that CITY cannot at this time provide permanent and unlimited water service as requested. CITY agrees, however, to provide limited potable water service to COMPANY. For and in consideration of furnishing domestic potable water by CITY, the parties hereto agree as follows, to -wit: COMPANY has made the following representations to CITY as to its number of employees, as of the date of this agreement, upon which representations CITY has relied in entering into this Agreement. • 0 Revised 09/97 Page 2 of 6 Number of Employees on -site 32 Nurnber of Contract Employees 8 Total on -site 40 IV. CITY has determined that adequate facilities are available to CITY to furnish potable water to COMPANY based on the following terms and conditions, to -wit: (A) Company shall pay to CITY of a one-time administrative connection charge of $-5.000. (B) COMPANY shall file an application for water service with CITY'S Utility Billing Division and pay appropriate deposit. (C) Where applicable, COMPANY shall also pay to CITY $ 16.122 as a pro-rata reimbursement for installation of utility mains funded by other parties. (D) The average daily demand is established at two thousand ( 2.0W ) gallons per day. This number is based on an average of fifty (50) gallons per employee per day established by CITY. (E) The average monthly demand of sixty-one thousand ( 61.000 ) gallons is established by multiplying the average daily demand by a factor of 30.5, which shall be used to facilitate service billings. (F) The cost of water up to the average monthly demand of six -one thousand ( 61.000 ) gallons shall be one hundred fifty percent (150 %) of the CITY'S current rate as established from time to time for commercial customers inside its corporate limits. (G) The cost of water for amounts used in excess of the established average monthly demand shall be two hundred percent (200%) of the CITY'S current rate as Revised 09/97 Page 3 of 6 established from time to time for commercial customers inside its corporate limits. (I) Nothing contained in this Agreement shall obligate CITY to furnish more than the average monthly demand of sixty-one thousand 6( 1,000 ) gallons. Repeated consumption greater than the established average monthly demand may result in termination of service. (1) CITY shall have the right to interrupt or temporarily suspend said water service to COMPANY if an emergency arises and there is not an adequate water supply to meet the needs of the citizens of La Porte. (n CITY reserves the right to 'enforce its drought contingency plan on all water customers at CITY'S sole discretion. (K) The total cost for the engineering design and constriction of any potable water main, service line, back flow preventer, meter or other required appurtenances will be the responsibility of COMPANY. (L) COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the furnishing of potable water to customers within the corporate limits of CITY. (M) All plumbing installed by COMPANY connected to the domestic water line from CITY, shall meet all applicable State of Texas and CITY plumbing code requirements. CITY'S engineering and code enforcement personnel shall have the right of prior review and approval of COMPANY'S plans and specifications for the plumbing system(s). CITY plumbing inspectors shall have the right to inspect any and all work related to the furnishing of potable water to COMPANY. (N) A reduced pressure zone backflow preventer shall be installed and maintained by COMPANY to protect CITY from any possible cross -connections. (0) The potable water supply system will be segregated from any existing and future COMPANY fire protection system. LA Revised 09/97 Page 4 of 6 (P) There shall be no resale of the water provided by CITY, nor any extension of service lines by COMPANY to serve other parties. V. All expenses of the installation of the meter; service lines from the main to the meter; and from the meter IA COMPANY'S facilities, shall be solely at the expense of COMPANY. COMPANY shall own and maintain all service lines and plumbing facilities beyond the meter. CITY shall own the meter. W CITY will have ownership and maintenance responsibility for its water mains, and service lines up to CITY'S water meter. In the event a State or Harris County license, permit, or permission to install the water main is revoked, or relocation or adjustment is required, CITY will not be responsible for the expense of such relocation, adjustment, or replacement. VII. CITY reserves the right of entry at all reasonable times for the purpose of inspection of COMPANY'S water facilities, and to observe compliance with the terms and conditions of this Agreement. When exercising its right of entry, CITY shall notify COMPANY in advance. CITY also agrees to follow established health and safety policies in effect at COMPANY'S facility. VIII. CITY reserves the right to terminate this agreement in the event of violation of the terms and provisions hereof by COMPANY. CITY will provide COMPANY with written notice of any defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects within ten (10) days may result in termination of Agreement. - CITY shall have the right to summarily correct, at COMPANY'S expense, any defect or deficiency, when in its opinion the integrity of the public water supply is threatened. M Upon receipt of written notice of termination, COMPANY shall have up to six (6) months to prepare for transition to another water supply. If the transition is not complete within said six- month period, CITY shall have the right to terminate water service at its sole discretion. 0 • Revised 09/97 Page 5 of 6 X. In the event of any conflict between the terms and provisions of this Water Service Agreement and the terms and provisions of the Industrial District Agreement between the parties, the terms and provisions of the Water Service Agreement shall control, to the extent of such conflict. The term of this Agreement shall be for five years plus any renewals and extensions thereof. However, this Agreement shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or if CITY exercises its right of termination. ENTEREI) INTO effective the day of r—ZbCa. , 1998. SOUTHERN IONICS INCORPORATED Company By: Name: ,L'x.1% Title: Srre MAA.tAL..F_LQ Address: 12901 Bay Park Road Pasadena. Texas 77507 e CITY OF LA PORTE ATTEST: AM Ma a A- Gillett City Secretary 6PP ED: / Knox W. ASkins City Attorney C CITY OF LA PORTE 1117 By: Norman L. Malone Mayor By: (Ra,, C T. Robert T. Herrera City Manager City Attorney City of La Porte PO Box 1218 PO Box 1115 La Porte, TX 77572-1218 LaPorte, TX 77572-1115 Phone: (281) 471-1886 Fax: (281) 471-2047 Phone: (281) 471-5020 Fax: (281) 471-7168 Revised 09/97 Page 6 of 6 REQUEST OR CITY COUNCIL AGENDA ITS Agenda Date Requested: February 9. 1998 Requested By: M.. Gillett Department: Administration Report Resolution X Ordinance Exhibits: Ordinance 98-2219 SUMMARY & RECOMMENDATION Attached for your consideration is the ordinance calling for the regular Annual Election of the City of La Porte to be held on May 2, 1998, and calling for a Run -Off Election, if necessary. You will note there are several blank spaces in the ordinance as presented. The names of those individuals who will act as Judges and Clerks during the election process will be placed on the ordinance as soon as staff receives confirmation from each of them. Action Required by Council: Consider approval of Ordinance 98-2219 Availability of Funds: _ General Fund__ Water/Wastewater Capital Improvement General Revenue Sharing _ Other Account Number: Funds Available: YES NO Approved -for Council Agenda rMaa T.rrera to ager • 0 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 BOARD OF LEGAL SPECIALIZATION November 24, 1997 Ms. Martha A. Gillett City Secretary City of La Porte City Hall La Porte, Texas Dear Martha: COPY TELEPHONE 281 471-1886 TELECOPIER 281 471-2047 I enclose ordinance calling the election, for the February 9, 1998, agenda. Please type in the names of the presiding judge, alternate presiding judge, and other blanks in the ordinance. The ordinance should be published in accordance with Section 7, in both English and Spanish language versions. Please call me if .you have any. questi s very truly, Knox W." Askins City Attorney City of La Porte KWA:sw Enclosure RESOLUTION NO. 98-2219CAPIP&PY AN ORDINANCE AMENDING AN ORDINANCE CALLING THE REGULAR ANNUAL ELECTION OF THE CITY OF LA PORTE; CALLING A RUN-OFF ELECTION, IF NECESSARY; DESIGNATING ELECTION PRECINCTS AND POLLING PLACES; PROVIDING FOR THE USE OF VOTING MACHINES; APPOINTING ELECTION OFFICIALS; PROVIDING FOR METHOD AND DATES OF EARLY VOTING; PROVIDING FOR AN EARLY VOTING BALLOT BOARD; PROVIDING FOR RETURN AND CANVASS OF VOTES OF SAID ELECTION; PROVIDING FOR NOTICE; PROVIDING FOR FILING DEADLINE AND FILING FEES FOR CANDIDATES; PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAIN; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. An election shall be held within the corporate limits of the City of La Porte, Texas, on the 2nd day of May, 1998, such day being the first Saturday in May, 1998, between seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M., for the purpose of electing the following City officials: Counci:person-at-Large--Position A, for a 3 year term Councilperson--District 4, for a 3 year term Councilperson--District 5, for a 3 year term A run-off election, if necessary, shall be held on Saturday, May 30, 19913, between the same hours. Section 2. Said election shall be held at each of the following voting places within said City, and the following named persons are hereby appointed as officers of said election, to -wit: Election Precinct #1 Polling Place: Lomax Elementary School 10615 North Avenue "L" La Porte, Texas 77571 Boundaries: BEGINNING at the intersection of the Southern Pacific Railroad tracks.and Spencer Highway (West Main Street); THENCE westerly along Spencer Highway (West Main Street) to Big Island Slough; THENCE northerly along Big Island Slough to north boundary of Creekmont Subdivision; 98-2219 1 THENCE west along north boundary of Creekmont Subdivision to Underwood Road; THENCE north along Underwood Road to the Southern Pacific Railroad tracks; THENCE southeasterly along the Southern Pacific Railroad tracks, following a curve to the south, and continuing in a southerly direction along the Southern Pacific Railroad tracks to Spencer Highway (West Main Street), to the POINT OF BEGINNING. Election Officials: Run-off Kim E.: Womack , Presiding Judge Donna Williamson Mars. Barbara Womack Alternate Presiding Judge Run-off Justin Barton Election Precinct #2 Polling Place: Baker School Cafetorium West Main Street and Underwood Road La Porte, Texas 77571 Boundaries: BEGINNING at the intersection of the center line of Big Island Slough and Fairmont Parkway; THENCE west along Fairmont Parkway to the east boundary line of the one hundred forty one (141) acre San Jacinto Junior College: Site, same being the west boundary line of the former College: View M.U.D. as described in Article 8280-381, V.A.T. S.. ; THENCE northerly along the west boundary line, and a northerly projection thereof, of said (College View M.U.D.) to Spencer Highway (West Main Street); THENCE east along Spencer Highway (West Main Street) to the center line of Myrtle Creek Drive; THENCE south along Myrtle Creek Drive to Cedarmont Drive; THENCE' southerly along Cedarmont Drive to its intersection with the westerly projection of the rear lot lines of Block 17 in Fairmont Park West Section One; THENCE southeasterly along the rear lot lines of Block 17 in Fairmont Park West Section One, passing through Parkmont Drive and following the rear lot line of Block 18 of Fairmont Park West Section Two, to Quiet Hill Road; THENCE westerly along Quiet Hill Road to Willmont Road; 2 98-2219 • • CAOMh,py THENCE southerly along Willmont Road to its intersection with the westerly projection of the rear lot line of Block 35 in Fairmont Park West Section Two; THENCE easterly along the rear lot lines of Block 35 in Fairmont Park West Section Two to the center line of Roseberry Drive; THENCE northerly along the center line of Roseberry Drive to the center line of Hillridge Road; THENCE easterly along the center line of Hillridge Road to the center line of Big Island Slough; THENCE southerly along the center line of Big Island Slough to the intersection of Fairmont Parkway, to the POINT OF BEGINNING. Election Officials: Inga Browder Presiding Judge Richard Browder , Alternate Presiding Judge Election Precinct #3 Polling Place: Rizzuto Elementary School 3201 Farrington Boulevard La Porte, Texas 77571 Boundaries: BEGINN:NG at the intersection of an Exxon Pipeline Easement and Fairmont Parkway; THENCE west along Fairmont Parkway to center line of Big Island Slough; THENCE northerly along the center line of Big Island Slough to the center line of Hillridge Road; THENCE westerly along Hillridge Road to the center line of Roseberry Drive; THENCE southerly along the center line of Roseberry Drive to the intersection with the easterly projection of the rear lot line of Block 35 in Fairmont Park West Section Two; THENCE westerly along the rear lot line of Block 35 in Fairmont Park Section Two to the center line of Willmont Road; THENCE northerly along the center line of Willmont Road to the center line of Quiet Hill Road; 3 98-2219 • THENCE easterly along the center line of Quiet Hill Road to the intersection of the southeasterly projection of the rear lot line of Block 18 in Fairmont Park West Section Two; THENCE northwesterly along the rear lot line of Block 18 in. Fairmont Park West Section Two, passing through Parkmont Drive and becoming the rear lot line of Block 17 Fairmont Park West Section One to Cedarmont Drive; THENCE northerly along Cedarmont Drive to Myrtle Creek Drive; THENCE northerly along Myrtle Creek Drive to Spencer Highway (West Main Street); THENCE west along Spencer Highway (West Main Street) to Underwood Road; THENCE north along Underwood Road to the north boundary of the Creekmont Subdivision; THENCE east along the north boundary of the Creekmont Subdivision to Big Island Slough; THENCE southerly along Big Island Slough to Spencer Highway (West Plain Street) ; THENCE east along Spencer.Highway (West Main Street) to an Exxon Pipeline Easement; THENCE southerly along an Exxon Pipeline Easement to Fairmont Parkway, to the POINT OF BEGINNING. Election Officials: Jo Davis Presiding Judge Jana wood Alternate Presiding Judge Election Precinct " Polling Place: Dewalt•Special Services Center Madison and North 6th Street La Porte, Texas 77571 Boundaries: BEGINNING at the intersection of North Broadway Street and the Southern Pacific Railroad tracks; THENCE south along North Broadway Street to Barbour's Cut Boulevard; THENCE east along Barbour's Cut Boulevard to North Brownell Avenue; 4 • THENCE south along North Brownell Avenue to East Madison Street; THENCE east along East Madison Street to North Holmes Avenue; THENCE southerly along North Holmes Avenue to East Main Street; THENCE westerly along East Main Street to South Broadway Street; THENCE south along South Broadway Street to West "A" Street; THENCE west along West "A" Street to State Highway 146; THENCE south along State Highway 146 to West "B" Street; THENCE west along West "B" Street to South 13th Street; THENCE south along South 13th Street to West "E" Street; THENCE west along West "E" Street to the Southern Pacific Railroad tracks; THENCE north along Southern Pacific Railroad tracks, following a curve to the east of said railroad tracks; THENCE easterly along the Southern Pacific Railroad tracks to North Broadway Street, to the POINT OF BEGINNING. Election Officials: Betty Moore , Presiding Judge Francis Jordan , Alternate Presiding Judge Election Precinct #5 Polling Place: La Porte Senior High School 301 East Fairmont Parkway La Porte, Texas 77571 Boundaries: TRACT I BEGINNING at the intersection of Barbour's Cut Boulevard and North Brownell Avenue; THENCE east along Barbour 's Cut Boulevard to Donaldson Avenue; THENCE southeasterly along Donaldson Avenue to the shoreline of Galveston Bay; THENCE southerly along the shoreline of Galveston Bay to the 5 98-2219 S north city limit line of Shoreacres, (or the south line of Tract 1); THENCE west along the north city limit line of Shoreacres (or the south line of Tract I) to South Broadway Street (Old Highway 146); THENCE north along South Broadway Street (Old Highway 146) to East Mclin Street; THENCE easterly along East Main Street to North Holmes Avenue; THENCE northerly along North Holmes Avenue to East Madison Street; THENCE west along East Madison Street to North Brownell Avenue; THENCE north along North Brownell Avenue to Barbour's Cut Boulevard, to the POINT OF BEGINNING. TRACT I:I BEGINNING at the intersection of South Broadway Street (Old Highway 146) and the south city limit line of Shoreacres (or the north line of Tract II); THENCE easterly along the south city limit line of Shoreacres (or the; north line of Tract II) to the shoreline of Galveston Bay; THENCE southerly along the shoreline of Galveston Bay to the south city limit line of La Porte (or the south line of Tract II) ; THENCE westerly along the south city limit line of La Porte (or thesouth line of Tract II) to South Broadway Street (Old Highway 146); THENCE north along South Broadway Street (Old Highway 146) to the south city limit -line of Shoreacres (or the north line of Tract II) to the POINT OF BEGINNING. Election Officials: Run -Off CathU Presiding Judge Mary Ann Trainer a^^ Trainer , Alternate Presiding Judge Run-off Amanda Traine Election Precinct #6 Polling Place: La Porte City Hall 604 West Fairmont Parkway La Porte, Texas 77571 6 98-2219 0 Boundaries: BEGINNING at the intersection of West "A" Street and South Broadway Street; THENCE south along South Broadway Street to the south city limit line of La Porte; THENCE west along the south city limit line of La Porte to the west right-of-way line of State Highway 146; THENCE northeasterly along the west right-of-way line of State Highway, 146 to McCabe Road; THENCE west along McCabe Road to the Southern Pacific Railroad tracks; THENCE north along the Southern Pacific Railroad tracks to Fairmont Parkway; THENCE west along Fairmont Parkway to the Humble Pipeline Company right-of-way; THENCE northeasterly along the Humble Pipeline Company right- of-way to West Main Street; THENCE east along West Main Street to the Southern Pacific Railroad tracks; THENCE. south along the Southern Pacific Railroad tracks to West "E" Street; THENCE east along West "E" Street to South 13th Street; THENCE north along South 13th Street to West "B" Street; THENCE east along West "B" Street to State Highway 146; THENCE north along State Highway 146 to West "A" Street; THENCE east along West "A" Street to South Broadway Street and the POINT OF BEGINNING. Election officials: Louisse_ Zoller , Presiding Judge Run -.Off Jim Zoller Elizabeth Brown Alternate Presiding Judge Run -Off Shirley Farkas Early Voting Place: La Porte City Hall 604 West Fairmont Parkway La Porte, Texas 77571 7 98-2219 0 • Section 3. Voting at said election, including early voting, shall be by the use of voting machines, and the ballots of said election shall conform to the Texas Election Code, as amended. Section 4. An Early Voting Ballot Board is hereby created to process Early Voting results for the election and the runoff election, if necessary. Charlotte Boudreaux is appointed Presiding Judge of the Early Voting Ballot Board. At least two (2) other members of the Early Voting Ballot Board shall be appointed by the Presiding Judge, in the same manner as the precinct election clerks. Early Voting by personal appearance shall begin on the 17th day and shall continue through the 4th day preceding the day of election. Early Voting by mail shall begin on the 45th day preceding the date of the election, or as soon thereafter as ballots are available, and shall continue until seven o'clock (7:00) P.M. on election day. Early Voting shall be conducted by a clerk for Early Voting, namely, Martha A. Gillett and the place at which the Early Voting -shall be conducted is designated as the La Porte City Hall, 604 West Fairmont Parkway, La Porte, Texas, to which address ballot applications and ballots voted by mail may be mailed. Early Voting by personal appearance shall be conducted on the weekdays of the early voting period and during the hours that the City Secretary's main business office is regularly open for business. Section 5. The Council Conference Room of the La Porte City Hall is hereby designated as the Central Counting Station to receive all ballots cast at said election, and Martha A. Gillett is 8 98-2219 • is hereby appointed the Presiding Manager for said Central Counting Station. Said Manager shall appoint any clerks necessary to assist in receiving ballots and other records and in performing the other duties of said Manager in this regard. The City Manager is hereby authorized and directed to obtain, or cause to be obtained, the necessary electronic tabulating equipment, to arrange for the testing thereof as provided by law and to employ a duly qualified manager and a duly qualified tabulation supervisor to perform the duties respectively imposed on them by law with respect to the processing and tabulation of ballots at the Central Counting Station. Section 6. That all election materials including notice of the election, ballots, instruction cards, affidavits and other forms which voters may be required to sign and all early voting materials shall be printed in both English and Spanish, or Spanish translations thereof shall be made available in the circumstances permitted and in the manner required by law. Section 7. The City Secretary of the City of La Porte shall forthwith issue Notice of said election by causing a substantial copy of this Ordinance to be published one time in the BAYSHORE SUN, which :is hereby found and declared to be a newspaper of general circulation in said City, not less than ten (10) days nor more than thirty (30) days prior to the date of the said election. Section 8. Upon a candidate tendering his application on the form prescribed, the City Secretary shall furnish to such candidate all information relative to the qualifications for the office being sought; the method of placing the candidate's name on the ballot; the amount of the required filing fee; and any other pertinent 9 9EI-22191 information concerning said election; Section 9. Each candidate for the office of Mayor must be a resident elector of the City. Each candidate for the office of . District Councilperson must also be a resident of the district for which he files. Section 10. The deadline for a candidate to make application to have his, name appear upon the ballot for such election, is hereby designated and established as 5:00 o'clock P.M., Wednesday, March 18, 19,98. No application shall be accepted for filing prior to February 16, 1998. The.filing fee for each candidate for the office of Councilperson is hereby established as Fifty Dollars ($50.00). The filing fees shall be used to defray the cost of the election, and said fees shall be prorated and any surplus shall be refunded to said candidates. As an alternative to paying a filing fee, a candidate may obtain a place on the ballot by filing a petition as provided for in City of La Porte Home Rule Charter, Article 2.04 c.3. Section 11. Said election shall be held in accordance with the provisions of the City Charter of the City of La Porte, and the general election laws of the State of Texas governing general and municipal elections, so far as same may be applicable thereto. Section 12. Immediately after said election, the officers holding the same shall make and deliver the returns of the results thereof and the accompanying records for use in the official canvass to the City Council of the City of La Porte, and the City Council shall canvass said returns at the earliest practicable time, and shall, immediately after canvassing the returns, declare the result, of the election. The Mayor shall immediately 10 98-49 • thereafter deliver to the candidate for whom the majority of votes has been polled for each respective office, a certificate of election. Such elected officials shall assume their duties within ten (10) days thereafter, Sundays excluded, upon their taking the oath of office. Section 13. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have been separately passed without any other provision, and if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the :remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone. Section 14. This Ordinance shall be in effect immediately upon its passage and approval. Section 15. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. 11 98-2219 0 PASSED AND APPROVED, this 9th day of February, 1998. ATTEST: // Gl. (-C . A&Z/ artha A. Gillett City Secretary APP,ROV . -w' K ox W. Askins City Attorney CIT. OF LA POOORRTE By: Norman V. Malonye Mayor 12 • DECRETO NO.98- 22191-11 PAR ENMENDAR UN DECRETO QUE ORDENA LA ELECCION REGULAR ANUAL DE LA CIUDAD DE LA PORTE; ORDENA ELECCIONES FINALES CUANDO SEA NECESARIO; DESIGNANDO LOS DISTRITOS ELECTORALES Y LUGARES DE VOTACION; PROVEE PARA EL USO DE MAQUINAS DE VOTACION; NOMBRA OFICIALES DE LA ELECCION; PROVEE MEDIOS Y FECHAS PARA VOTACION TEMPRANA; PROVEE UNA PIZARRA DONDE SE ANUNCIE LOS RESULTADOS DE LAS VOTACIONES TEMPRANAS; PROVEE LOS RESULTADOS E INTERPRETACION DE LOS VOTOS DE DICHA ELECCION; PROVEE NOTIFICATIONES; PROVEE FECHAS LI IITES Y COSTO DE REGISTRO DE CANDIDATOS; PROVEE UNA CLAUSULA DE AHORRO; ASEGURA EL CUMPLEVIIENTO CON LA LEY DE ASAMBLEA DE LIBRE ACCESO; Y PROVEE LA FECHA EN LA CUAL TENDRA EFECTO. SEA DECRETADO POR EL CONSEJO MUNICIPAL DE LA CIUDAD DE LA PORTE: Seccion 1. Una elecc:ion se Ilevara a cabo dentro de los limites incorporados de In ciudad de La Porte, Tejas, el 2 de Mayo de 1998, dicho din siendo el primer Sabado de Mayo de 1998, entre Ins siete de In manana (7:OOA.M.) y Ins siete de In noche (7:OOP.M.); con el proposito de elegir los siguientes funcionarios de In Ciudad: Consejero Municipal General — Puesto A, por un termino de 3 anos Consejero — ]Distrito 4, por un termino de 3 anos Consejero — Distrito 5, por un termino de 3 anos Si es necesario, elecc:iones finales se Ilevaran acabo el 30 de Mayo de 1998, durante las mismas horas. Seccion 2. Dichas eleccions seran Ilevadas a Cabo en los siguientes lugares de votaciones de dicha ciudad, y Ins siguien:tes personas son nom bradas oficiales de dicha eleccion, es decir: Distrito Electoral # 1 Lugar de Votacion: Lomas Elementary School 10615 North Avenue "L" La Porte, Texas 77571 Limites: Comenzando en In interseccion de los rieles del tren Southern Pacific v Spencer Highway (la calle West Main); Desde alli al oeste, a to largo de la Spencer Highway (la calle West Main) a Big Island Slough; Desde alli al norte, a to largo de sobre Big Island Slough al limite norte de In Subdivicion de Creekmont; Decreto No 98- 2219 Pagina 2 Desde alli al oeste sobre el limite norte de In, Subdivicion de Creekmont hasta Underwood Road; Desde el norte sobre Underwood Road hasta los rieles del tren Southern Pacific (Southern Pacific Railroad Track); Desde alli hacia el sureste a Io largo de los rieles del tren Southern Pacific siguiendo la curva hacia el sur y continuando en direccion al sur a to largo de Ins lineas del tren Southern Pacific hasta Spencer Highway (la calle West Main), hasta el punto del CONMNZO. Oficiales Electorales: Kim. E. Womack - Juez que preeide Mrs. Barbara Womack - Juez Suplente Distrito Electoral # 2 Luqar de Votacion: Baker School Cafetorium West Main Street and Underwood Road La Porte, Texas 77571 Limites: COMENZAINDO en la interseecion de la linea central de Big Island Slough y Fairmont Parkway; Desde el oeste sobre Fairmont Parkway hacia el limite este de los 141 acres del San Jacinto Junior College, siendo este mismo el limite del oeste del que era College View NI.U.D., como to describe el articulo 8280-381, V.A.T.S. Desde alli hacia el norte a to largo de la lines limite oeste, y de la parte norte de la proyeccion de ello, de dicho (College View M.U.D.) hasta Spencer Highway (West Main); Desde alli al este a bo largo de Spencer Highway (la calle West Main) hasty In. linen centrica de Myrtle Creek Drive; Desde alli al sur a to largo de Myrtle Creek Drive hasta Cedarmont Drive; Desde alli al sur sobre Cedarmont Drive hasty su interseccion con la proyeccion del oeste de la lineas traceras de Ios lotes de In cuadra 17 en Fairmont Park West Seccion Uno; Desde alli hacia el sureste a to largo de Ins lineas traceras de la cuadra 17 en Fairmont Park West Seccion Uno, pasando por Parkmont Drive y siguiendo Ins lineas traceras de In cuadra 18 de Fairmont Park West Seccion Dos, hasta Quiet Hill Road; Decreto No 98- 2219 Pagina 3 Desde alli al oeste sobre Quiet Hill Road a Willmont Road; Desde alli al sur sobbre Willmont Road a su interseccion con In proyeccion del oeste de Ins lineas tracera de In cuadra 35 en Fairmont Park West Seccion Dos; Desde alli al este sobre las lineas traceras de In cuadra 35 en Fairmont Park West, Seccion Dos hacia In linen central de Roseberry Drive; Desde alli al lado norte sobre In linen central de Roseberry Drive hacia In linen central de Hillridge Road; Desde alli al lado este sobre In linen de Hillridge Road hacia In linen central de Big Island Slough; Desde alli al sur sobre*la linen central de Big Island Slough a la interseccion de Fairmont Parkway, hasta el punto del COAMNZO. Oficiales Electorales: Inga Browder - Juez que precide Richard Browder _ Juez Suplente Distrito Electoral # 3 Lugar de votacion: Rizzuto Elementary School 3201 Farrington Boulevard La Porte, Texas 77571 Limites: COMENZANDO en In interseccion del derecho de paso de In turbia de Exxon y Fairmont Parkway; Desde alli al oeste a to largo de Fairmont Pakrway hasta In lines central de Big Island Slough; Desde el norte a to largo de In linen central de Big Island Slough hasta In linea central de Hillridge Road; Hacia el oeste sobre Hillridge Road hasty In linen central de Roseberry Drive; Hacia el lado sur a to largo de In linen central de Roseberry Drive hasta In interseccion con In proveccion del este de la linea tracers de In cuzndra 35 en Fairmont Park West Seccion Dos; Desde el oeste a to largo linen tracers de In cuadra 35 en Fairmont Park Seccion Dos, hasta la lines central de Willmont Road; Decreto No 98- 2219 Pagina 4 Hacia el lado norte a to largo de In linen central de Willmont Road, hasta la linen central de Quiet Hill Road; Desde el lado este a to largo de la linen central de Quiet Hill Road hasta la interseccion de la proyeccion del sureste de In linen tracers de In cuadra 18 en Fairmont Park West Seccion Dos; Desde el noroeste a to largo de In linen tracera de la cuadra 18 en Fairmont Park West Seccion Dos, pasando por Parkmont Drive y convirtiendose en In linen tracera de la cuadra 17 Fairmont Park West Seccion uno hasta Cedarmont Drive; Desde el norte a to largo de Cedarmont Drive hasta Myrtly Creek Drive; Desde el norte a to largo de Myrtle Creek Drive hasta Spencer Highway (la calle West Main); Desde el oeste a to Largo de Spencer Highway (la calle West Main) hasta Underwood Road; Desde el norte sobre Underwood Road al limite norte de In subdvicion de Creekmont; Del limite este a to largo del limite norte de In subdivicion de Creekmont pasta Big Island Slough; Desde el sur a to largo de Big Island Slough hasta Spencer Highway (la calle West Main); Desde el este a to largo de Spencer Highway (la calle West Main) hasta el derecho de paso de la tuberia de Exxon; Desde alli al sur a to largo del derecho de paso de In tuberia de Exxon hasta Fairmont Parkway, pasta el punto del COMIENZO. Oficiales Electorales: Jo Davis - Juez que Precide Jana wood - Juez Suplente Distrito Electoral # 4 Lugar de votacion: Dewalt Special Services Center Madison and North 6`h Street La Porte, Texas 77571 LlMITES: COMENZANDO en In interseccion de In calle North Broadway y los rieles del tren Southern Pacific; Desde alli al sur a to largo de In calle North Broadway a Barbour's Cut Boulevard; • • Decreto No 98- 2219 Pagina 5 Desde alli al este a to largo de Barbour's Cut Boulevard a la Avenida North Brownell; Desde alli al sur a to largo de la Avenida North Brownell a la calle East Madison; Desde alli al este a to largo de la calle East Madison a la Avenida North Holmes; Desde alli al sur a to largo de la Avenida North Holmes a la calle East Main; Desde alli al oeste a to largo de la calle East Main a la calle South Broadway; Desde alli al sur a to largo de la calle South Broadway a la calle West "A"; Desde alli al oeste a to largo de la calle West "A" a State Highway 146; Desde alli al sur a to largo de State Highway 146 a la calle West "B"; Desde alli al oeste a to largo de la calle West "B" a la calle South 13; Desde alli al sur a to largo de la calle South 13 a la calle West "E"; Desde alli al oeste sobre la calle West "E" hasta los rieles del tren Southern Pacific; Desde alli al norte a to largo de los rieles del tree Southern Pacific, siguiendo la curva al este de dicho rieles de tree; Desde alli al este a IID largo de los rieles del tren Southern Pacific pasta la calle North Broadway, al punto del COMIENZO. Oficiales de Elector;ales: Betty Moore - Juez que precide Francis Jordan - Juez suplente Distrito Electoral # 5 Lugar de votacion: La Porte Senior High School 301 East Fairmont Parkway La Porte, Texas 77571 r Limites: ZONA l Decreto No 98- 2219 Pagina 6 COMENZANDO en la interseccion de Barbour's Cut Boulevard y la Avenida North Brownell; . Desde alli al este a Ilo largo de Barbour's Cut Boulevard hasta la Avenida Donaldson; Desde alli al sureste a to largo de In Avenida Donaldson hasta la linen costera de Galveston Bay; Desde alli al sureste a to largo de In linen costera de Galveston Bay a la linea none del limite de la ciudad de Shoreacres, (o la linea sur de la Zona I); Desde alli al oeste a. to largo del limite norte de In ciudad de Shoreacres (o en la lines sur de la Zonal) a In calle South Broadway (que fue, Highway 146); Desde alli al norte a to largo de In calle South Broadway (que fue Highway 146) a In calle East Main; Desde alli al este a 10 largo de la calle East Main a In Avenida North Holmes; Desde alli al norte a to largo de In Avenida North Holmes hasta In calle East Madison; Desde alli al oeste a to largo de la calle East Madison hasta In Avenida North Brownell; Desde alli al norte ai to largo de In Avenida North Brownell hasta Barbour's Cut Boulevard, hasta el punto del COMIENZO ZONA 1I COMENZANDO en la interseccion de In calle South Broadway (que fue Highway 146) y el limite sur de In ciudad de Shoreacres (o la linen norte de In Zona In; Desde alli al este a to largo del limite sur de In ciudad de Shoreacreas (o la linen norte de In Zona In a In linen costera de Galveston Bay; Desde alli al sur a to largo de In linen costera de Galveston Bay hasty el limite sur de In ciudad de La Porte (o In linen sur de In Zona In; Desde alli al oeste a to largo del limite sur de In ciudad de La Porte (o linen sur de In Zona II) hasta In calle South Broadway (que fue, Highway 146); Desde alli al norte a. to largo de In calle South Broadway (que fue, Highway 146) hasta el sur de In ciudad de Shoreacres (o linen norte de In Zona II) al punto del COMIENZO. Oficales Electorales: Cathy Emrick - Juez que precide Mary Ann Trainer - Juez Suplente Decreto No 98-2219 Pagina 7 Distrito Electoral # 6 Lugar de Votacion: La Porte City Hall 604 W. Fairmont Parkway La Porte, Texas 77571 Limites: COMENZANDO con In interseccion de In calle West "A" y In calle South Broadway; Desde alli al sur a to largo de la calle South Broadway hasta el limite sur de In ciudad de La Porte; Desde alli al oeste a to largo del limite sur de In ciudad de La Porte hasta el oeste de In linen del derecho de via de State Highway 146; Desde alli al lado noresete a to largo del este de In linen del derecho de via de State Highway 146 a McCabe Road; Desde alli al oeste a to largo de McCabe Road hasta los rieles del tren Southern Pacific; Desde alli al norte a to largo de los rieles del tree Southern Pacific hasta Fairmont Parkway; Desde alli al oeste a to largo de Fairmont Parkway hasta el derecho de via de Humble Pipeline Company; Desde alli al noreste a to largo del derecho de via de Humble Pipeline Company hasty In calle West Main; Desde alli al este a 10 largo de in calle West Main hasta los rieles del tren Southern Pacific; Desde alli al sur a to largo de los rieles del tren Southern Pacific hasty In calle West "E"; Desde alli al este a to largo de In calle West "E" hasta In calle South 13; Desde alli al norte a to largo de In calle South 13 hasta In calle West "B"; Desde alli al este a to largo de In calle West "B" hasta State Highway 146; Desde alli al norte a to largo de State Highway 146 hasty In calle West "A"; Desde alli al este a to largo de In calle West "A" a In calle South Broadway hasta el punto del COIVIIENZO 0 Decreto No 98- 2219 Pagina 8 Oficiales Electorales: Louise zol.l e r - Juez que precide Elizabeth Brown- Juez Suplente Lugares de Votacion Temprana: La Porte City Hall 604 West Fairmont Parkway La Porte, Texas 77571 Seccion 3. La votacion en dicha eleccion, incluyendo la Votacion Temprana, sera con el use de maquinas de votacion, y la papeleta de votacion de dicha eleccion, sera conforme el Codigo Electoral de Tejas, a como ha sido enmegdado. Seccion 4. Una junta de Votacion Temprana es creada para procesar los resultados de Ins elecciones de votacion temprana y si fuera necesario para votaciones finales. rharinti-o Rn11ArPaX , es nombrada como In. Juez que Precide la Votacion Temprana. Por to menos otros dos miembros de la junta seran nombrados por el juez que precide, y en la misma manera como asistente de eleccion del distrito electoral. Votaciones tempranas en persona comenzaran el dia 17 y continuaran hasta el dia cuarto precediendo la eleccion. Votaciones tempranas por correo comenzran el dia 45 precediendo In fecha de eleccion v continuaran hasty Ins siete de la noche (7:00 P.M.) el dia de la eleccion. Votaciones tempranas seran conducidas pro la secretaria de Votaciones Tempranas, Secretaria Interina Martha A. Gillett , y el lugar en el cual Ins Votaciones Tempranas seran conducidas es designado como La Porte City Hall, 604 West Fairmont Parkway, La Porte, Texas, a cuya direction Ins aplicaciones pars Ins papeletas de votacion y In votacion hecha por correo podran ser enviadas. Votaciones tempranas hechas en persona seran conducidas en los digs designados para votaciones tempranas durante Ins horas que In oficina principal de negocious de In Secretaria de la Ciudad se encuentra abierta al publico. Section 5. El cuarto de conferencia del consejo de In ciudad de La Porte, esta aqui designado como la Estacion Central de Contaduria para recibir todas Ins papeletas de votacion de dicha eleccion, y Martha Gillett es nombrada como la Gerente que precide dicha Estacion Central de Contaduria. Dicha„ Gerente nombrara cualquier asistente para ayudar a recibir Ins papeletas de votacion y otros documentos, y podra ejecutar otros trabajos delegados por dicha Gerente concernientes con diicho provecto. El administrador de In ciudad esta autorizado a obtener o hater que se obtenga el equipo electronico de tabular necesario, de ordenar la prueba de alli en adelante como es proveido por In ley y de emplear un adminstrador calificado y an un supervisor de tabulation calificado para desempenar sus deberes respectivamente impuestos por la ley con respecto al proceso y tabulation de papeletas de votacion en In Estacion Central de Contabilidad. Decreto No 98- 2219 Pagina 9 Seccion 6. Que tod,o el material de eleccion incluyendo aviso de eleccion, papeletas de votacion,. tarjetas de instrucciones, juramentos y otras formas querequieran que el votante sea requerido a firmar y todo el material pars Is votacion temprana seran impresas en Ingles y Espanol, o la traduccion del Espanol sera disponible en las circumstancias permitidas y en Is manera que to requiere Is ley. Seccion 7. La Secretarin de Is Ciudad de La Porte emitira enseguida un aviso de dicha elecion al bacer que una copia verdadera de este Decreto seam publicadas una vez en el BAYSHORE SUN, el cual se ha encontrado y confirmado ser un Periodico de circulacion general de dicha Ciudad, no menos de diez (10) dias o mas de treinta (30) dias antes de Is fecha de dicha eleccion. Seccion 8. Al entregar el candidato su aplicacion en Is forma prescrita, Is Secretaria de Is ciudad, dara a dicho candidato toda Is informacion necesaria pars Is calificacion de puesto que se esta buscando; el metodo de colocar el nombre del candidato en las papeletas de votacion; la cantidad de dinero requerido para registrarse; y cualquier otra informacion necesaria que tenga que ver con Is eleccion. Seccion 9. Cada candidato pars el puesto de Alcalde debera de ser un residente votatnte de Is ciudad. Cada candidato pars el puesto de Consejero de Distrito, tambien debera de ser residente del dstrito por el cual se esta registrando. Seccion 10. La fecha de vencimiento pars que el candidato haga su aplicacion, pars que su nombre aparezca en las papeletas de votacion, esta aqui designada y establecida como las 5:00 P.M. (cinco de Is tarde), Miercoles 18 de Marzo de 1998. Ninguna aplicacion sera aceptada pars registrarse antes del 16 de Febrere de 1998. El precio del registro pars cada candidato pars consejero esta establecido que sera de $50.00, (cincuenta dolares). Este dinero sera usado pars costear los gastos de Is eleccion, y dicho precio sera prorrateado y si hay sobrante sera regresado a dichos candidatos. Como alternativa pars pagar el registro, el candidato puede obtener un lugar el Is papeleta de votacion al Ilenar una peticion proveida por Is carta constitucional del gobierno propio de Is Ciudad de La Porte, Articulo 2.04 c.3. Seccion 11. Dicha eleccion sera Ilevada a cabo de acuerdo con las proviciones de Is carta constitucional de La. Ciudad de La Porte, y las leyes de las elecciones generales del Estado de Tejas de gobernando elecciones generales v elecciones municipales, siempre v cuando esto sea aplicable a ello. Seccion 12. Inmediatamente despues de dichas elecciones, el oficial encargado hara Is entrega de los resultados y de los documentos acomplanantes pars el use de una encuesta oficial del consejo municipal de Is Ciudad de La Porte; y el Consejo Municipal de Is Ciudad interpretara dichos reultados to mas pronto posible, a inmediatamente despues de haberlos interpretado, declararan los resultados de la eleccion. El Alcalde inmediatamente le entregara al candidato por el cual Is mayoria han votado pars cads puesto, un certificado de eleccion. Dicho oficial elegido asumira sus responsabilidades en los sigientes diez (10), dias, escluvendo el Domingo,.al baber recibido . juramento al asumir el cargo. 0 • Decreto No 98-2219 Pagina 10 Seccion 13. Toda y cada provicion, parrafo, oracion y clausula de este Decreto, ha sido considerado separadamente y aprovado por el Consejo Municipal de la Ciudad de La Porte, Tejas y cada dicha provision pudo haber sido aprobada separadamente sin ninguna otra provision, y si alguna provision de aqui en adelante no es efectiva, invalida inconstitucional, por cualquier motivo, no impedira o afectara el resto de la provicion, o ninguna otra parte, pero la parte valida sera enforzada como si hubiese sido aprovada separadamente. Seccion 14. Este Decreto estara en efecto inmediatamente al ser aprovado. Seccion 15. El Consejo Municipal encuentra, determina, recita, y declara que un aviso por escrito con la fecha, hora, lisgar y objeto de esta reunion del consejo municipal, fue puesta en un lugar conveniente para el publico en la Municipalidad de la Ciudad con el tiempo requerido por la ley prececiendo esta reunion, como to es requerido por la Ley de Asamblea de Libre Acceso, Capitulo 551, clave del Gobierno de Tejas, y que esta asamblea ha sido abierta al publico todo el tiempo que es requerido por la ley durante el coal este decreto y cualquier otro asunto haya sido discutido, considerado y formalmente aceptado. El Consejo Municipal ratifica, aprueba, y confirma dichos avisos por escrito y el contenido de anunciarlo de alli en adelante. ACEPTADO Y APROVADO este dia 9 de Febrero de 1998. TESTIFICA: CIUDAD DE LA PORTE POR• %Yrr (� s/Norman L. Malone,"cicalde a 0 Martha A. Gillett, Secretaria de la Ciudad Ciudad 0- .9 QUEST FOR CITY COUNCIL AGENAEM AGENDA DATE February 9. 1998 REQUESTED BY Jeff Litchfield, Finance Director/ACM — REPORT; __ RESOLUTION; XX ORDINANCE; Included in the 1997-98 Fiscal Year budget was a change in the rate of the Hotel/Motel Occupancy Tax from four percent to seven percent. This rate is assessed to patrons of local lodging establishments. The four percent rate has been in effect since 1983. A survey of area municipalities revealed that seven percent is the standard rate assessed. In the survey, it showed that League City was at 6% and that Texas City, Galveston, Baytown, and Houston were: at 7% and Pasadena was at 7.25%. ACTION REQUIRED BY COUNCIL: Approve Ordinance changing the Hotel/Motel Occupancy Tax Rate from four to seven percent, with an effective date of April 1, 1998. FUND N/A ACCT NUM: N/A FUNDS AVAILABLE: N/A APPROVED OUN IL AGENDA ?. a RO T H =RA, CITY MANAGER DA ORDINANCE NO, 98 2220 0� AN ORDINANCE AMENDING SECTION 66-123 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, A SECTION ENTITLED "HOTEL OCCUPANCY TAX'; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Section 66-123 of the Code of Ordinances is hereby amended, to hereafter read as follows, to -wit: There is hereby levied a tax upon the cost of occupancy of any room or space fumished by any hotel where such costs of occupancy is at the rate of two dollars ($2.00) or more per day, such tax to be equal to seven percent (7%) of consideration paid by the occupant of such rooms to such hotel. Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 3. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. Section 4. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place, and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required. Section 5. This Ordinance shall be in effect and in force on April 1, 1998. PASSED AND APPROVED this the 9th day of February, 1998. A T: t. City ecre ary CITY OF LA PORTE, TEXAS Normainn Malonezw4�1 Mayor AVED PBV., y Attomey La Porte Texas City Galveston League City Baytown Houston Pasadena R• Tonal Hotel/Mote! Tax RatesCo PY 0 1 2 3 4 5 6 7 8 Percent E Hotel/Motel Tax Rate Regional Hotel/Niotel Tax Rates City of La Porte 4.00% City of Texas City 7.00% City of Galveston 7.00% City of League City 6.00% City of Baytown 7.00% City of Houston 7.00% City of Pasadena 7.25% s .• • CONSENT AGENDA - ITEM A • • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: February 9, 1998 Requested By: _ Susan Kelleyuo•y.. Department: Purchasing Report Resolution Ordinance Exhibits: SUMMARY & RECOMMENDATION This fiscal year, various departments have budgeted for pagers and radios. Historically, we have purchased these items; from the Houston -Galveston Area Council through an interlocal agreement. HGAC bids radios and pagers, yearly, for the surrounding entities which helps to reduce the price, due to volume buying. The total expenditure, including a three percent (3%) administrative fee, would be $63,472.92. Departmental costs are as follows: Fire Suppression $ 6,130.56 Inspections $ 793.10 Police $55,023.73 Street $ 1,017.02 U/B Meter Readers $ 508.51 Sufficient funds have been budgeted in departmental accounts for these items. Action Required by Council: Authorize purchase of pagers and radios from HGAC in the amount of $63,472.92. Availability of Funds: XX General Fund Capital Improvement Other Account Number: Various Water/Wastewater General Revenue Sharing Funds Available: XX Yes No e ra, City, Manager Date o 0 ITEMS PURCHASED BY DEPARTMENT DEPARTMENT DESCRIPTION QTY UNIT COST EXT COST FIRE SUPPRESSION Minitor Pagers 15 $349.20 $5,238.00 Mobile Radio GM300 1 $714.00 $714.00 Administration Fee 3% $178.56 TOTAL $6,130.56 INSPECTIONS DIV Mobile Radio GM300 w/Antenna 1 $770.00 $770.00 Administration Fee 3% $23.10 TOTAL $793.10 POLICE DEPT HT1000 Handheld Radio w/Rapid 8 $859.11 $6,872.88 Rate Charger & Shoulder Microphone Spectra 9000 Mobile Radio w/ 25 W 9 $2,698.45 $24,286.05 Siren/Public Address, and Scan MTS-2000 Radio for SWAT with 7 $3,180.31 $22,262.17 800 MHz, SmartZone Pkg, Encryption Rapid Charger, w/Antenna Administation Fee 3% $1,602.63 TOTAL $65,023.73 STREETS DIVISION Maxtrac 300 Mobile w/Antenna 2 $493.70 $987.40 Administration Fee 3% $29.62 TOTAL $1,017.02 U/B METER READERS Maxtrac 300 Mobile w/Antenna 1 $493.70 $493.70 Administration Fee 3% $14.81 TOTAL $508.51 GRAND TOTAL $63,472.92 0 0 CONSENT AGENDA - ITEM B REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: February 1998 Requested By: Stephen L. Barr4 Department: Parks &Recreation XX Report Resolution Ordinance Exhibits: 1. Sealed Bid #0727 Strength Equipment 2. Bid Tabulations & Bidder's List SUMMARY & RECOMMENDATION The City of La Porte has requested formal bids for replacement of the strength equipment at the Recreation & Fitness Center as approved in the FY1997-98 budget. Bid requests were delivered to five vendors. Two (2) vendors returned bids for the project; the bids were opened on January 26, 1998. After consideration of the bids submitted, it was determined that the low bidder meeting specifications for the project was Busy Body Fitness with a bid of Twenty Two Thousand, One Hundred Four Dollars ($22,104.00). Budgeted funds available for this project are $24,308. As there was no equipment trade-in offered by Busy Body Fitness, we will submit an RFP for sale of the equipment to another city or private fitness operation, or place in the City Auction if no proposals are received. Staff Recommendation: Staff recommends that the bid submitted by Busy Body Fitness be accepted as low bidder meeting specifications for this project. Action Required by Council: Consider award of contract to Busy Body Fitness to provide strength equipment for the Recreation & Fitness Center. Availability of Funds: XX General Fund Water/Wastewater Capital Improvement General Revenue Sharing N/A Account Number: 001-8081-551-8060 Funds Available: XX YES —NO Approved for City Council Agenda �2 0 8 Robe . Herr Date City anage BID TABULATION - STRENGTH EQUIPMENT DESCRIPTION QTY FITNESS FITNESS 1) High Lat/Low Row 1 $1,625.00 2) Power Crunch 1 $1,785.00 3) Shoulder Press Workbench 1 $475.00 4) Hip Flexor/Dip Stand/Chin-up 1 $425.00 5) Adjustable Sit-up Bench 1 $340.00 6) Shoulder Press 1 $675.00 7) Seated Vertical Row 1 $690.00 8) Tricep Pressdown 1 $1,515.00 9) Adjustable Flat/Incline Bench 1 $389.00 10) 45 Degree Hyperextension 1 $420.00 Please mark the following if standard or optional "range limiting motion" 11) Vertical Chest Press 1 $1,455.00 Standard 12) Pectoral Butterfly 1 $1,495.00 13) Bicep Curl Machine 1 $1,545.00 14) Seated Leg Curl 1 "' $1,950.00 15) Back Extension 1 $1,655.00 16) Inner Thigh/Outer Thigh 1 $1,725.00 Standard 17) Leg Extension 1 $1,545.00 18) Rotary Torso 1 $2,395.00 Standard TOTAL FOR EQUIPMENT $22,104.00 $30,162.00 " Denotes "range limiting motion" is standard Optional "Range Limiting Motion" Additional Cost per Machine I I N/A $200.00 n Allowance for Existing Equip I I N/Al $5,000.00 GRAND TOTAL EXCLUDING OPTIONSI 1 $22,104.00 1 $25,162.00 • • BIDDER'S LIST SEALED BID #0727 STRENGTH EQUIPMENT BERNHARDT FITNESS PO BOX 721 KEMAH TX 77565 NAUTILUS 709 POWERHOUSE ROAD INDEPENDENCE VA 24348 QUANTUM FITNESS 9933 MULA ROAD STAFFORD TX 77477-3435 BAYSHORE SUN PUBLISH DATES: JANUARY 11, 1998 JANUARY 18, 1998 LIFE FITNESS 10601 WEST BELMONT BRINKLIN PARK IL 60131 PARAMOUNT Southern Regional Office 2888 FOREST COURT LOGANVILLE GA 30249 CHAMBER OF COMMERCE PO BOX 996 LA PORTE TX 77572-0996 0 0 WORKSHOP ITEM - A • • LOCAL AMENDMENTS TO THE STANDARD FIRE PREVENTION CODE 1994 EDITION The following represents local amendments to the Standard Fire Prevention Code, adopted by the City Council of the City of La Porte on , 199 , in Ordinance number . References are to additions, deletions, amendments, or replacement of Standard Fire Prevention Code sections. Section numbers correspond to the numberiing in the Standard Fire Prevention Code-1994 Edition. CHAPTER 1 ADMINISTRATION 101 TITLE AND SCOPE 101.1 Title! Revised to read: Provisions in the following chapters and sections (excluding Appendix A, B, C, and D) with the local amendments, shall constitute and be known and may be cited as 'THE STANDARD FIRE PREVENTION CODE", hereinafter referred to as "this code". 101.2.3 Fire Marshal Review of Blueprints The fire marshal or his duly authorized- representative shall review all blueprints, except one and two family dwellings and all associated outbuildings, submitted to the building department, to ensure life safety and fire code compliance. When submitted blueprints are approved, the application for the building or remodeling permit shall be signed by the fire marshal or his duly authorized representative. 101.4 Fire Prevention Department Revised to read: There is hereby established a division, called the Fire Prevention Bureau. The person in charge shall be known as the fire marshal. For the purposes of this code, the fire marshal shall also be known as the fire official. 1994 STANDARD FIRE CW AMENDMENTS cont. i PAGE 2 OF 26 102 POWERS AND DUTIES OF THE FIRE OFFICIAL 102.1 Right of Entry ADDED NEW SUBSECTION: 102.1.3 Dangerous or Unnecessary Accumulation of Rubbish, Explosive or Highly Flammable and/or Combustible Materials: Issuance of Orders and/or Notices Necessary For Enforcement of Fire Prevention Laws: Condemnation of Defective or Unsafe Heating Devices or Electrical Fixtures. A. Whenever the fire marshal or his duly authorized representative shall find in any building or on any premises combustible, hazardous or explosive materials or dangerous accumulations of rubbish, or unnecessary accumulations of waste paper, boxes, shavings, or any highly flammable and/or combustible materials which are situated as to endanger life or property, or shall find obstructions to or on fire escapes, stairs, passageways, doors, windows that would reasonably tend to interfere with the operations of the fire department, or the egress of the occupants of such building or premises, or shall find the effectiveness of any exit door, attic separation, or any fire separation wall is reduced, or shall find that this code is being violated, he shall issue such orders and/or notices as may be necessary for the enforcement of the fire prevention laws and ordinances governing the same and for the safeguarding of life and property from fire. B. Whenever the fire marshal or his duly authorized representative deems any chimney, smokestack, stove, oven, incinerator, furnace or other heating device, electrical fixture: or any appurtenance thereto, anything regulated under a nationally approved standard in or upon any building, structure or premises not specifically mentioned in this code, to be defective or unsafe so as to create an immediate hazard, he shall serve upon the owner or person having control of the property a written notice to repair or alter as necessary and shall notify any other authority enforcing codes regulating such equipment. He may affix a condemnation tag prohibiting the use thereof until such repairs or alterations are made. When affixed, such tag may be removed only by the order of the fire marshal or his duly authorized representative and may be removed only when the hazard to which the order pertains has been eliminated in approved manner. Until removed, that item or device which has caused the hazard shall not be used or be permitted to be used. When an apparent structural hazard is caused by the faulty installation, operation or malfunction of any herein above mentioned items or devices, the fire marshal or his duly authorized representative shall immediately notify the building official who may investigate such hazard and may cause such hazard to be abated as required under the building code. C. Every person owning or in control of, any vacant building shall remove therefrom all accumulations of flammable or combustible waste or rubbish and shall securely lock, 1994 STANDARD FIRE C& AMENDMENTS cont. 0 PAGE 3 OF 26 barricade or otherwise secure all doors, windows or other openings thereof, which may allow entry by unauthorized persons. D. Upon vacating or abandoning any premises, the occupant thereof shall remove any and all noxious and hazardous material or waste matter which has been deposited, allowed to come to rest, or permitted to accumulate thereon, and such premises shall be left in a clean and neat condition ADDED NEW SUBSECTION: 102.1.4 Service Orders Or Notice. Any order or notice authorized by this code shall be given or served upon the owner, operator, occupant or other person responsible for the condition or violation either by delivering the same to and leaving it with a person over sixteen (16) years of age upon the premises; oir, if no such person if found on the premises by affixing a copy thereof in a conspicuous place on the door to the entrance of said premises and by mailing a copy thereof to such person by registered mail to his/her last known address. Orders or notices shall set forth a time limit for compliance, dependent upon the hazard and danger to persons and property; immediate compliance shall be required. ADDED NEW SUBSESCTION: 102.1.5 Permitting Fire Hazard To Exist beemed Violation of This Code; ComplianceWith Notice; Orders; Removal Tags. It shall be violation of this code for any person operating of maintaining any occupancy, premises, or vehicle subject to this code to permit any violation of this Fire Code, or any standard adopted pursuant hereto to exist on any premises under his/her control or fail to take immediate action to abate such violation when ordered to do so by the fire marshal or his duly authorized representative. If the building or other premises is owned one person and.occupied by another under lease or otherwise, and the order or notice require, additions or changes in the building or premises such would be immediately become real estate and by the notice shall be complied with by the owner unless the owner and occupant have otherwise agreed between themselves, in which event the occupant shall comply. ADDED NEW SUBSECTION: 102.1.E Penalty For Violations. A. Any person who shall violate any provisions of this code or fails to comply with any order made hereunder, or shall violate and detailed statement of specifications or plans submitted and approved hereunder, or any certificate or permit issued hereunder; or who shall fail to comply with any lawful order of the fire marshal or his duly authorized representative within the time specified, shall be guilty of a misdemeanor, 1994 STANDARD FIRE (*E AMENDMENTS cont. 0 PAGE 4 OF 26 and upon being found guilty shall be punished by a fine of not more than two -thousand dollars ($2000.00). Each and every day a violation is permitted to continue or compliance is not attained, or prohibited conditions are maintained shall constitute a separate and distinct offense. 102.2 Unsafe Buildings Revised to read: 102.2 Unsafe Buildings. All buildings or structures which do not provide adequate egress, which constitute a fire hazard or are otherwise dangerous to human life, or which, in relationship to existing use, constitute a hazard to safety or health are considered unsafe buildings. All unsafe buildings are hereby declared illegal, and the fire official shall refer the building to the building official for abatement by repair and .rehabilitation or by demolition in accordance with the provisions of Section 82-471 et seq of the Code of Ordinances of the City of La Porte.. 105 BOARD OF ADJUSTMENT AND APPEALS 105.1 Appointment. Revised to read: There shall be established a Fire Code Review Board which shall consist of nine (9) voting members and three (3) ex-officio members. Whenever this Code refers to the term "Board of Adjustment and Appeals", it shall mean the Fire Code Review Board as established herein. The voting mernbers. shall be appointed as follows: (1) The council persons representing the following district, 1,2,3,4,5 and 6 shall nominate one member. (2) The councilpersons representing the following districts, At Large - Position A and At Large Position B, shall each nominate one member. (3) The mayor shall nominate one member. All nominations are subject to confirmation by a majority of the City Council of the City of La Porte. All voting members of the Fire Code Review Board shall reside in La Porte. 1994 STANDARD FIRE OE AMENDMENTS cont. • PAGE 5 OF 26 The term of office for the board members shall be two years in length or until a successor is appointed and qualified. The chairman and vice-chairman of this board shall be elected by the voting members. The chairman may request a replacement for any member who has missed three consecutive meetings without being excused. Whenever any position on the board shall become vacant by reason of death, resignation or removal, the secretary shall notify the City Manager and request a replacement be selected from the proper district for the remainder of the unexpired term of the member being replaced. A quorum of the board shall be required to hold meetings. A quorum shall be five voting members present. The three ex-olfficio members shall be: (1) The fire chief, or his duly authorized representative. (2) The fire marshal, or his duly authorized representative. (3) The chief building official or his duly authorized representative. The firemarshal shall be the secretary to the board. It shall be his duty to post notices of meetings, keep meeting minutes, handle correspondence and any other duties as may be assigned by the board. CHAPTER 3 RECOGNIZED STANDARDS AND *PUBLICATIONS 301 GENERAL Revised to read: NOTE: The only modifications to this chapter is the revision of the NFiPA (National Fire Protection Association) standards and the -adoption of the Railroad Commission of Texas regulations. Where provisions of this Code do not apply to specific situations involving the protection of life and property from the hazards of fire, smoke and explosion, compliance with nationally recognized standards or publications listed in this chapter, when not in conflict with provisions of the building code, shall be evidence of compliance with this code. 1994 STANDARD FIRE CISE AMENDMENTS cont. • PAGE 6 OF 26 NFiPA: 10 Portable Fire Extinguishers, 1994 11 Low Expansion Foam & Combined Agent Systems, 1994 11 A Medium & High Expansion Foam Systems, 1994 11 C Mobile Foam Apparatus, 1995 12 Carbon Dioxide Extinguishing Systems, 1992 12A Halon 1301 Fire Extinguishing Systems, 1997 13 Installation Of Sprinkler Systems, 1996 13D Sprinkler Systems In One & Two Family Dwellings and Mobile Homes, 1996 13E Fire Department Operations In Properties Protected By Sprinkler And Standpipe Systems, 1995 13R Sprinkler Systems In Residential Occupancies Up To & Including Four Stories In Height, 1996 1.4 Installatiom Of Standpipe & Hose Systems, 1996 15 Water Spray Fixed Systems, 1996 16 Installation Of Deluge Foam -Water Sprinkler Systems & Foam- Water Spray Systems., 1991 16A Installation Of Closed -Head Foam -Water Sprinkler Systems, 1994 17 Dry Chemical Extinguishing Systems, 1994 17A Wet Chemical Extinguishing Systems, 1994 18 Wetting Agents, 1995 20 Installation Of Centrifugal Fire Pumps, 1996 24 Installation Of Private Fire Protection, 1996 25 Inspection, Testing. And Maintenance. of Water -Based Fire Protection Systems, 1995 30 Flammable And Combustible Liquids, 1996 30A Automotive & Marine Service Station Code, 1996 30B Aerosol Products, Manufacture & Storage, 1994 31 Installation Of Oil Burning Equipment, 1997 32 Dry Cleaning Plants, 1996 33 Spray Applications Using Flammable & Combustible Materials, 1995 34 Dipping 8t Coating Processes Using Flammable & Combustible Liquids, 1995 35 Manufacture Of Organic Coatings, 1995 36 Solvent Extraction Plants, 1993 37 Installation And Use Of Stationary Combustion Engines & Gas Turbines, 1994 40 Storage And Handling Of Cellulose Nitrate Motion Picture Film, 1997 42 Storage of Pyroxylin Plastic, 1997 45 Fire Protection Of Laboratories Using Chemicals, 1996 46 Storage Of Forrest Products, 1996 49 Hazardous Chemicals Data, 1994 50 Bulk Oxygen Systems At Consumer Sites, 1996 50A Gaseous Hydrogen Systems At Consumer Sites, 1994 50B Liquefied Hydrogen Systems At Consumer Sites, 1994 51 Design And Installation Of Oxygen -Fuel Gas Systems For Welding, Cutting & Allied Processes, 1997 1994 STANDARD FIRE OE AMENDMENTS cont. • PAGE 7 OF 26 51 A Acetylene Cylinder Charging Plants, 1996 51 B Cutting .And Welding Processes, 1994 52 CNG- Vehicular Fuel Systems, 1995 53 Fire Hazards In Oxygen -Enriched Atmospheres, 1994 54 National Fuel Code, 1996 55 Storage, Use And Handling Of Compressed And Liquefied Gases In Portable Cylinders, 1993 57 Storage And Handling Of Liquefied Natural Gas, 1996 59 Storage And Handling Of Liquefied Petroleum Gases At Utility Gas Plants, 1995 59A Production, Storage & Handling of Liquefied Natural Gas (LNG), 1996 61 Dust Explosions In- Agricultural & Food Products Facilities, 1995 65 Processing And Finishing Of Aluminum, 1993 68 Venting Of Deflagrations, 1994 69 Explosion Prevention Systems, 1997 70 National Electrical Code, 1996 70B Electrical Equipment Maintenance, 1994 70E Electrical Safety Requirements For Employee Work Places, 1995 72 National Fire Alarm Code, 1996 75 Protection Of Electronic Computer/Data Processing Equipment, 1995 77 Static Electricity, 1993 79 Electrical Standard For Industrial Machinery, 1997 80 Fire Doors And Windows, 1995 80A Exterior Fire Exposures, 1996 82 Incinerators, Waste & linen Handling Systems & Equipment, 1994 86. Ovens & Furnaces -Design., Location & Equipment, 1995- 86C Industrial Furnaces Using A vacuum As An Atmosphere, 1990 88A Parking Structures, 1995 88B Repair Garages, 1997 90A Installation Of Air Conditioning And Ventilation Systems, 1996 90B Installation Of Warm Air Heating And Air Conditioning Systems, 1996 91 Installation Of Blower & Exhaust Systems. For Dust, Stock Removal or Conveying, 1995 92A Smoke Control Systems, 1996 96 Installation Of Equipment For The Removal Of Smoke & Grease -Laden Vapors From Commercial Cooking Equipment, 1994 97 Glossary Of Terms Relating To Chimneys, Vents & Heating Producing Appliances, 1996 99 .Health Care Facilities, 1996 99B Hypobaric Facilities, 1996 101 Safety To life From Fire In Buildings & Structures, 1997 102 Assembliy Seating, Tents & Membranes Structures, 1995 105 Smoke Control Door Assemblies, 1993 110 Emergency & Standby Power Systems, 1996 111 Stored Electrical Energy Emergency And Standby Power Systems, 1996 115 Laser Fire Protection, 1995 120 Coal Preparation Plants, 1994 1994 STANDARD FIRE CV AMENDMENTS cont. • PAGE 8 OF 26 150 Fire Safety In Race Track Stables, 1995 170 Fire Safety Symbols, 1996 203 Roof Coverings & Roof Deck Construction, 1995 204M Smoke And Heat Venting, 1991 211 Chimney And- Fire Places, Vents & Solids Fuel Burning Appliances, 1996 214 Water Cooling Towers, 1996 220 Types Of Building Construction, 1995 231 General Storage, 1995 231 C Rack Storage Of Materials, 1995 231 D Storage Of Rubber Tires, 1989 231 E Storage Of Baled Paper, 1996 231 F Rolled Paper Storage, 1996 232 Records,, Protection Of, 1995 232A Archives & Records Centers, 1995 241 Construction, Alteration & Demolition Operations, 1996 251 Fire Tests Of Building Construction & Materials, 1995 252 Fire Tests Of Door Assemblies, 1995 253 Test For Critical Radiant Flux Of Floor Covering Systems Using Radiant Heat Energy Source, 1995 255 Test Of Surface Burning Characteristics Of Building Materials, 1996 256 Methods Of Fire Tests Of Roof Coverings, 1993 257 Fire Tests Of Window Assemblies, 1996 258 Research Test Method For Determining Smoke Generation Of Solid Materials, 1997 259 Test Method For Potential.Heat Of Building Materials, 1.99.3 . 260 Methods Of Tests & Classification System For Cigarette Ignition Residence Of Components Of Upholstered Furniture, 1994 261 Method Of Test For Determining Resistance Of Mock -Up Upholstered Furniture Material Assemblies To Ignition By Smoldering Cigarettes, 1994 262 Method Of Test For Fire & Smoke Characteristics Of Electrical Wires & Cables 263 Heat & Visible Smoke Release Rates For Materials & Products, Method Of Test for, 1994 264A Method Of Test For Heat Release Rates For Upholstered Furniture Components Or Composites & Mattresses Using Oxygen And Oxygen Consumption Colorimeter, 1994 2.68 Exterior Wall Assemblies, Test Ignition, 1996 269 Test For Developing Toxic Potency Data, 1996 302 Pleasure & Commercial Motor Craft, 1994 307 Marine Terminals, Piers & Wharves, 1995 312 Fire Protection Of Vessels During Construction, Repair Or Lay-up, 1995 325 Fire Hazard Properties Of Flammable Liquids, Gases & Volatile Solids, 1994 327 Cleaning Or Safeguarding Small Tanks & Containers, 1993 328 Control Of Flammable & Combustible Liquids And Gases In Manholes, Sewers-4 Similar Underground Structures, 1992 385 Tank Vehicles For Flammable & Combustible Liquids, 1990 386 Portable Shipping Tanks For Flammable & Combustible Liquids, 1990 1994 STANDARD FIRE *E AMENDMENTS cont. • PAGE 9 OF 26 395 Storage Of Flammable & Combustible Liquids Of Farms & Isolated Construction Projects, 1993 402 Aircraft Rescue & Fire Fighting Operations, 1996 403 Aircraft Rescue & Fire Fighting Services At Airports, 1993 407 Aircraft Fuel Servicing, 1996 408 Aircraft Hand Fire Extinguishers, 1994 409 Aircraft Hangers, 1995 410 Aircraft Maintenance, 1994 412 Evaluating Foam Fire Fighting Equipment On Airport Rescue & Fire Fighting Vehicles, 1993 414 Aircraft Rescue & Fire Fighting Vehicles, 1995 415 Airport Terminal Buildings, fueling ramp Drainage, and Loading Walkways, 1997 418 Roof -Top Heliport Construction & Protection, 1990 422 Aircraft Accident Response, 1994 423 Construction & Protection Of Aircraft Engine Test Facilities, 1994 424 Airport/Community Emergency Planning, 1996 432 Storage of Organic Peroxide Formulations, 1997 480 Storage And Handling & Processing Of Magnesium, 1993 481 Production, Processing, Handling & Storage Of Titanium, 1995 482 Production, Processing, Handling & Storage Of Zirconium, 1996 490 Storage Of Ammonium Nitrate, 1993 491 M Hazardous Chemical Reactions, 1991 495 Explosive Materials Code, 1996 496 Purged & Pressurized Enclosures For Electrical Equipment In Hazardous (Classified) -Locations, 1993, 497A Classification Of Class 1 Hazardous Locations For Electrical Installations In Chemical' Plants, 1992 497B Classification Of Class 2 Hazardous (Classified) Locations For Electrical Installations In Chemical Process Areas, 1991 497M Classification Of Gases, Vapors & Dusts For Electrical Equipment In Hazardous (Classified) Locations, 1991 498 Safe Havens For Vehicles Transporting Explosives, 1996 501 C Fire Safety Criteria For Recreational Vehicles, 1996 501 D Fire Safety Criteria For Recreational Vehicles - Parks & Campgrounds, 1996 502 Fire Protection For Limited Access Highways, Tunnels, Bridges, Elevated, Roadways And Air Right Structures, 1996 505 Powered Industrial Trucks Including Type Designations, Areas Of Use, Maintenance & Operations, 1996 512 Truck Fire Protection, 1994 513 Motor Freight Terminals, 1994 560 Ethylene Oxide For Sterilization And Fumigation, Storage, Handling, And Use Of, 1995 650 Pneumatic Conveying Systems Fore Handling Combustible Materials, 1990 651 Manufacture Of Aluminum Powder, 1993 654 Prevention Of Fire & Dust Explosions In The Chemical Dye, Pharmaceutical & Plastics Industries, 1997 1994 STANDARD FIRE Cop AMENDMENTS cont. • PAGE 10 OF 26 655 Sulfur Fires & Explosions, 1993 664 Fires & E=xplosions In Wood Processing & Wood Working Facilities, 1993 701 Methods: Of Fire Tests For Flame - Resistant Textiles & Films, 1996 703 Fire Retardant Impregnated Wood & Fire Retardant Coatings For Building Materials, 1995 704 Identification Of The Fire Hazards Of Materials, 1990 750 Water Mist Fire Protection Systems, 1996 780 Lightning Protection Code, 1997 801 Facilities Handling Radioactive Materials, 1995 802 Nuclear Research Reactors, 1993 803 Light Waster Nuclear Power Plants, 1993 804 Fire Protection For Advanced Light Water Reactor Electric Generating Plants, 1995 820 Fire Protection In Water Treatment Plants, 1992 850 Electric Generating Plants, 1996 851 Hydroelectric Generating Plants, 1996 909 Protection of Cultural Resources Including Museums, Libraries, Places of Worship, and Historic Properties, 1997 914 Rehabilitation & Adaptive Reuse Of Historic Structures, 1992 1122 Code For Unmanned Rockets, 1997 1123 Outdoor Display Of Fireworks, 1995 1125 Model Rocket Motors, 1995 1126 Use Of Pyrotechnics Before A Proximate Audience, 1996 1127 High Power. Rocketry, 1995 . 2001 Clean Agent Fire Extinguishing Systems, 1996 8501 Single Burner Boiler Operations, 1997 8502 Prevention Of Furnace Explosions/implosions In Multiple Burner Boilers, 1995 8503 Pulverized Fuel Systems, 1997 8505 Stoker Operation, 1992 8506 Heat Recovery Steam Generator Systems, 1995 Railroad Commission Of Texas Regulations For Compressed Natural Gas, 1994 Liquefied Petroleum Gas Safety Rules, 1994 Regulation For Liquefied Natural Gas, 1996 1994 STANDARD FIRE OE AMENDMENTS cont. ® PAGE 11 OF 26 CHAPTER 5 GENERAL PRECAUTIONS AGAINST FIRE 501 OPEN BURNING AND INCINERATORS Add new section: 501.1.1 Boninres and Outdoor Rubbish Fires. No person shall kindle or maintain any bonfire or rubbish fire, or other outside fires, or authorize any Mire to be kindled or maintained, except for the purposes and under the conditions permitted by Section 382.001 et seq of the Texas Health and Safety Code, commonly known as the Texas Clean Air Act, together with regulations promulgated pursuant thereto. All .such bonfires, rubbish fires, or other outdoor fires that are not prohibited by this code or state law or regulations shall not be kindled or maintained without a permit from the Fire Marshal. During construction or demolition of a building or other structure, no waste materials or rubbish shall be disposed of by burning on the premises or in the immediate vicinity without having first obtained a permit from the Fire Marshal. 501.3 Incinerator Construction 501.3.3 (No Title) Revised to read: Residential and apartment type incinerators are prohibited. 501.5 Incinerators in Manufactured Home Communities and Recreational Vehicle Parks Revised to read: Incinerators are prohibited in manufactured home communities, recreational vehicle parks, permanent camping parks and mobile home parks. 1994 STANDARD FIRE Co AMENDMENTS cont. • PAGE 12 OF 26 CHAPTER 6 FIRE PROTECTION 602 FIRE CONTROLS 602.6 Access to Buildings By Fire Apparatus 602.6.1 (No Title) Revised to read: Every building hereafter constructed and located more than 150 feet from a street, shall be accessible to fire department apparatus by way of access roadways with all-weather surfaces of not less than 25 feet of unobstructed width, with adequate roadway turning radius, capable. of supporting the imposed loads of fire apparatus and having a minimum vertical clearance of 14 feet. During construction, when combustibles are brought on to a site in such quantities as deemed hazardous by the fire official, access roads and a suitable temporary supply of water acceptable to the fire chief shall be provided and maintained. 603 INSTALLATION AND MAINTENANCE OF FIRE PROTECTION. SYSTEMS AND APPLIANCES 603.1.3.2 Location Revised to read: A. All required water mains and fire hydrants shall be installed as follows: 1. Residential area fire hydrants shall be installed on a 6-inch or larger approved water main and placed so that no building is over 500 feet from a fire hydrant. Distance for hydrant placements shall be measured at curb line and/or access corridor. EXCEPTIONS: A. When in the opinion of the fire chief and fire marshal a water main and/or fire hydrant is not necessary due to the existence of built-in fire protection system(s); or B. When the Fire Chief and Fire Marshal have been notified in writing that pending water mains and fire hydrants are being installed in the vicinity, consistent with the terms of this code. 2. Commercial and industrial area fire hydrants shall be installed on an 8-inch or larger approved water main and shall be placed so that no part of any building is over 300 feet from a fire hydrant. Distance for hydrant placements shall be measured at curb line and/or access corridor. 1994 STANDARD, FIRE COE AMENDMENTS cont. O PAGE 13 OF 26 EXCEPTIONS A. When in the opinion of the fire chief and fire marshal a water main and/or the fire hydrant is not necessary due to the existence of built-in fire protection system(s); or B. When the fire chief and fire marshal have been notified in writing that pending water mains and fire hydrants are being installed in that vicinity, consistent with the terms of this code. 603.6 Smoke (Detectors Revised to read: 603.6.1 Deleted. 603.6.2 Deleted. 603.6.3 Deleted. See Section 3EI-126 et seq of the Code of Ordinances of the City of La Porte. 603.9 Detailed Installation Requirements. Revised -to read' I. When a building has a sprinkler system and/or standpipe system installed for fire protection, regardless if it is required or not by the building code or fire code, the system shall be a wet :system. The design and installation of the sprinkler system shall be as per NFIPA #13 specifications. The design and installation of the standpipe system shall be as per NFIPA #14 specifications. 2. When a .sprinkler and/or standpipe system has been installed in a building and the occupancy changes to a occupancy not requiring said system, the system must remain in proper installation and operation or the system must be removed. 603.11 Dry Standpipes Revised to read: When in the opinion of the fire chief and fire marshal a wet standpipe system would be detrimental to the occupancy, contents or process, a dry system or other NFIPA approved fire protection system may be installed. 1994 STANDARD FIRE CA* AMENDMENTS Cont. • PAGE 14 OF 26 603.15 Automatic Sprinkler Systems ADDED NEW SUBSECTION: 603.15.8 Dry Sprinkler Systems When in the opinion of the fire chief and fire marshal a wet sprinkler system would be detrimental to the occupancy, contents or process, a dry system or other approved fire protection system may be installed. ADDED NEW SUBSECTION: 603.15.9 Additional Required Automatic Sprinkler Systems In addition to .any other fire and/or building code requirements the following occupancies shall be totally equipped with a sprinkler system. 1. ASSEMBLY OCCUPANCIES (A) All. Class A assembly occupancies. (B) When a Class B assembly occupancy is located in a building above the level of exit discharge, the entire building shall be equipped with a sprinkler system. (C) When a. Class C assembly occupancy is- located in a building two (2) stories or more above the level of exit discharge, the entire building shall be .equipped with a sprinkler system. 2. BUSINESS OCCUPANCIES A business occupancy 3 stories or more in height shall be totally equipped with a sprinkler system. 3. RESIDENTIAL OCCUPANCIES (A) Hotels, motels, dormitories or lodging or rooming houses 3 stories or more in height, with exterior means of egress, the entire building shall be totally equipped with a sprinkler :system. (B) Hotels, motels, dormitories or lodging or rooming houses 2 stories or more in height, with interior means of egress, the entire building shall be totally equipped with a sprinkler System. (C) Apartment buildings, townhouses and condominiums 3 stories or more in height, with exterior means of egress, the entire building shall be totally equipped with a sprinkler system. 1994 STANDARD FIRE J.&E AMENDMENTS -cont. PAGE 15 OF 26 (D) Apartment buildings, townhouses and condominiums 2 stories or more in height, with interior means of egress, the entire building shall be totally equipped with a sprinkler system. ADDED NEW SUBSECTION: 603.15.1.0 Flow and Tamper Switches All buildings totally equipped with a sprinkler system shall have installed at each riser, an approved electrically supervised waterflow and tamper switch. These switches shall transmit an alarm to a fire alarm panel located in the building. The fire alarm system, which has been installed as per NFIPA #72 specifications, shall transmit an alarm (no automatic dialers) to the fire department dispatch office by way of a fire alarm monitoring service or direct'telephone line. ADDED NEW- SUBSECTION: 603.15.11 Small Automatic Sprinkler Systems A. All sprinkler systems with 20 or more heads shall have a fire department connection and meet all other applicable NFIPA #13 specifications. B. All sprinkler systems with 4 (maximum number of heads allowed on a domestic water system) or less heads, all applicable NFIPA #13 specifications shall be satisfied except: (1) The water supply may be furnished from the domestic water supply line if said water supply is adequate to supply 15 gallons per head, per minute. (2) The sprinkler system tap on said water supply shall be made before the water meter. (3) The sprinkler water supply line shall not have any intervening valves or connections, except for: (A) An in -line double backflow preventer valve, to located as close to the tap as possible, and (B) An approved valve located at the end of the system to be used for opening the system for flushing purposes only, and (C) An approved emergency sprinkler system shut off valve to located in the meter box. 1994 STANDARD FIRE CW AMENDMENTS cont. PAGE 16 OF 26 603.19 Periodic Inspections and Tests 603.19.4 (No title) Revised to read: All protective -signaling systems shall be maintained, periodically inspected and tested in accordance with NFIPA #72. 603.19.5 (No Title) Revised to read: Automatic fire detectors shall be maintained, periodically inspected and tested in accordance with NFIPA #72. 603.19.6 (No Title) Revised to read: All single and multiple -station smoke detectors shall be maintained, periodically inspected and tested in accordance with. NFIPA #72. 603.20 Fire Suppression Systems for Cooking Operations 603.20.1 (No 'title) Revised to read: Commercial cooking operations shall be protected in accordance with NFIPA #96 specifications. CHAPTER 7 ELECTRICAL 703 EXTENSION CORDS 703.2 Condition of Use Revised to read: Extension cords are permitted only with portable appliances or -fixtures. While in immediate use: 1. Extension cord shall be plugged directly into an approved receptacle and shall serve only one appliance or fixture. 1994 STANDARD FIRE CV AMENDMENTS cont. S PAGE 17 OF 26 2. The current capacity of the cord shall not be less than the rated capacity of the appliance or fixture. 3. The extension cord shall not exceed 6 feet in length and be maintained in good condition with out splices, deterioration or damage. 4. The extension cord shall be of the grounded type when servicing grounded appliances or fixtures. 5. No appliance or fixture service cords shall be spliced, extended or repaired so as to extend their original length. CHAPTER 9 FLAMMABLE AND COMBUSTIBLE LIQUIDS 902 TANK STORAGE. 902.1 Restricted Locations 902.1.1 (No Title) Revised to read: The storage of flammable liquids.in aboveground fuel tanks shall be approved by and installed as per requirements that may be reasonably be imposed by the Fire Marshal. 902.1.2 Restricted Locations Revised to read: The location and installation of combustible liquids in aboveground tanks shall be as per NFIPA #30 requirements, or requirements that may reasonably be imposed by the Fire Marshal, which ever is the more restrictive. 906 BULK PLANTS 906.1 Location of Plants Revised to react: No new bulk plants shall be constructed within the city limits. 906.2 Storage Revised to read: Deleted 1994 STANDARD'FIRE CO*AMENDMENTS Cont. • PAGE 18 OF 26 906.3 Ventilation Revised to read:: Deleted 906.4 Buildings Revised to read: Deleted 906.5 Loading and Unloading Facilities Revised to read Deleted 906.6 Electrical Equipment Revised to read Deleted 906.7 Sources of Ignition Revised to read: Deleted 907.8 Fire Control Revised to read:. Deleted 907 SERVICE STATIONS 907.3 Storage and Handling 907.3.1 (No Title) Revised to read: 1. At service stations open to the public, Class 1, 11 and 111 motor fuel liquids shall be stored underground. 1994 STANDARD FIRE C* AMENDMENTS cont. 0 PAGE 19 OF 26 2. At service stations not open to the public, Class 1, 11 and 111 motor fuel liquids can be stored underground or in aboveground tanks as per 902.1.1 and/or 902.1.2 requirements or in special enclosures as described in 907.3.2. EXCEPTION: Airport service stations - Fuel tank installations may be installed underground or as per 902.1.1, 902.1.2 or in special enclosures as described in 907.3.2 requirements. NOTE: For the purpose of this code, the definition of a service station not open to the public is: A service station that is operated not for profit, by a commercial, industrial, governmental or manufacturing establishments for fueling vehicles used in connection with their business. 907.3.3 (No Title) Revised to read: 1. When installation of tanks in accordance with 902.3 is impractical because of property or building limitations, tanks for flammable or combustible liquids may -be installed in buildings if enclosed and if enclosure is liquid and vapor tight without back fill. Sides and top and bottom of the enclosure shall be of reinforced concrete at least 6 inches thick, with openings for inspection through the top only. Tank connections shall be so. piped or -closed -that -neither -vapors or liquid can escape into the enclosed space. 2. Means :shall be provided whereby portable equipment may be employed to discharge to this outside any vapors which might accumulate should leakage occur. 3. The enclosure shall be equipped with an approved automatic vapor monitoring system. The .enclosure shall also be protected with an approved NFIPA foam fire protection system-. 907.3 Storage and Handling cont: 907.3.4 (No Title) Revised to read: Flammable and/or combustible motor fuels may not be stored in service station buildings. All other flammable and/or combustible liquids may be stored in their original approved containers inside service station buildings as provided in NFIPA #30. 1994 STANDARD FIRE COR&MENDMENTS cont. is PAGE 20 OF 26 907.3.5.1 (No Title) Revised to read: Such aboveground tanks shall be installed in special enclosures constructed in accordance with 907.3.3 requirements or installed as per La Porte Fire Marshal Requirements. 907.3.5.2 (No Tittle) Revised to read: Materials used to provide thermal protection shall be tested and listed by Underwriters Laboratories. 907.3.5.4 (No Title) Revised to read: The tank assembly must .be protected from vehicular damage by 4 inch or larger diameter, concrete filled,. steel pipes. The steel pipes must be installed a maximum of every 3 feet around the concrete pad in all directions. The pipes must be installed a maximum of 1 foot away from the outer edge of the pad/curb. The steel pipes must be installed in the ground a minimum of 3 feet in a concrete footing of not less than 12 inches in diameter. The pipe must extend above the. ground level a minimum of 3 feet. The pipes may be omitted from the sides not subject to vehicular damage. NOTE: Any protection system used other than steel pipes, must be approved by the fire marshal. 907.3.5.6 (No Title) Revised to read: Tanks containing motor fuels shall not exceed 12,000-gal individual capacity. 907.3.5.7 (No Title) Revised to read: The tank must have installed a minimum 7 gallon overfill containment box with lid. The tank must have a U.L. listed fuel gauge. 1994 STANDARD FIRE CIV AMENDMENTS cont. 0 PAGE 21 OF 26 907.4 Dispensing 907.4.3 Supervision Revised to read: 1. Each service station open to the public shall have an attendant or supervisor on duty when ever the station is open for business, except as covered in NFIPA #30A, Section 9-5. 2. Each service station open to the public without an attendant or supervisor on duty when ever the station is open for business shall meet NFIPA #30A, Section 9-5 requirements and any other requirements by the Fire Marshal. 3. If dispensing of Class 1 Liquids at service stations available and open to the public is done by a person other than the service station attendant, the nozzle shall be listed automatic, closing type. 907.4.5 Dispensing Revised to read: No dispensing devices that are dispensing motor fuels shall be located within buildings. CHAPTER 16 NATURAL.GAS: SYSTEMS. 1602 LIQUEFIED NATURAL GAS 1602.2 Installation Revised to read: All LNG facilities shall be installed and maintained in accordance with the provisions of NFIPA #57 and #59A and Railroad Commission of Texas - Regulations For Liquefied Natural Gas, except as provided in this chapter. 1994 STANDARD FIRE t*E AMENDMENTS cont. 0 PAGE 22 OF 26 CHAPTER 17 LIQUEFIED PETROLEUM GAGES 1701 GENERAL PROVISIONS 1701.4 Installation of Containers 1701.4.1 (No Title) Revised to read: All liquefied petroleum gas equipment including such equipment installed as gas utility plants shall be installed in accordance with the provisions of NFIPA #58 and #59 and Railroad Commission of Texas - Regulations for Liquefied Petroleum Gas, except as otherwise provided in this chapter. CHAPTER 30 AIRPORTS, HELIPORTS AND HELISTOPS 3001 GENERAL PROVISIONS 3001.7 Aircraft Service Station 3001.7.1 (No Title) Revised to read: 1. No person shall install or maintain any aircraft service station, except in accordance with the provisions of Chapter 9. 2. Every aircraft service station open to the public shall have an attendant or supervisor on duty except as covered in NFIPA #407, Chapter 2, Section 2. NOTE: For the purpose of this code, the definition of an aircraft service station not open to the public is: A service station that is operated not for profit, by a commercial establishment for fueling aircraft used in connection with their business. 1994 STANDARD FIRE COOMENDMENTS cont. S PAGE 23 OF 26 CHAPTER 31 ASSEMBLY OCCUPANCIES 3101 GENERAL 3101.13 Overcrowding 3101.13.1 (No Title) Revised to read:: The number of persons in any building or portion thereof shall not exceed the amount specified in NFiPA 101. 3101.13.2 (No Title) Revised to read: Signs stating the maximum occupant content shall be conspicuously posted by the owner of the building in each assembly room, auditorium or room used for a similar purpose. It shall be unlawful to remove or deface such notice. This number shall be determined by the capacity of exits provided. 1. In addition to the occupancy load sign required by the fire code, the fire marshal or his duly authorized representatives shall determine the number of occupancy load signs which shall be posted in such: assembly rooms, auditoriums or rooms used for such purpose. The sign required by this section shall not be less than 12 inches by 18 Inches in size and shall have a white background with red letters not less than 1 inch in height and shall be conspicuously posted in the area regulated. Such signs shall read as follows: WARNING: MORE THAN _ PERSONS WITHIN THIS AREA IS UNSAFE.AND PROHIBITED BY LAW. DATE: SIGNED: FIRE MARSHAL - CITY OF LA PORTE 2. Any owner, occupant or individual who shall tear down, mutilate or deface any placard posted by the fire marshal or at the direction of the fire marshal shall be guilty of a misdemeanor. If such placard is defaced, mutilated or tom down, it shall be the responsibility of the owner or occupant to notify the fire marshal of such immediately. 1994 STANDARD FIRE IWE AMENDMENTS conL 0 PAGE 24 OF 26 3101.13.3 {No Title) Revised to read: No person shall permit overcrowding or admittance of any person beyond the approved capacity of any place of public assembly. The fire marshal or his duly authorized representatives upon finding any overcrowding conditions or obstructions in aisles, passageways, or other means of egress, or upon finding any condition which constitutes a serious menace to life, shall cause the performance, presentation, spectacle, or entertainment to be stopped until such condition or obstruction is corrected. Failure or refusal of any person or persons to correct said violation or to vacate the building when ordered, shall constitute a misdemeanor offense. CHAPTER 40 WRECKING YARDS, JUNK YARDS OR WASTE MATERIAL . HANDLING PLANTS 4003 STORAGE Revised to read: The storage of combustibles shall be in accordance with Chapter 33 of this code.' No smoking or open flames shall be permitted in any area where combustible fibers or other combustible materials are stored or handled. No smoking signs shall be provided in accordance: with Section 506.3 of this Code. The storage of scrap or otherwise combustible metals such as magnesium, titanium, zirconium - shall be stored in accordance with NFIPA standards. 4004 BURNIIVG OPERATIONS Revised to read: The burning of .wrecked or discarded motor vehicles, or of junk, or of any waste materials is strictly prohibited. Picking rooms shall be separated from storage rooms by not less than 1-hour occupancy separation constructed as specified in the building code. Picking :rooms shall be provided with an approved exhaust system to adequately remove dust and lint. 4005 WELD114G AND CUTTING Revised to read: Welding and cutting operations shall conform to the requirements of Chapter 29 of this code and applicable NFIPA standards. 1994 STANDARD FIRE Cq* AMENDMENTS cont. • PAGE 25 OF 26 4006 ACCESS TO AREA Revised to read: No motor vehicle, or part thereof, junk or other waste materials shall be stored, displayed or kept in such a manner as to unnecessarily hinder or endanger fire fighting operations. Where any part of such premises is located in excess of 150 feet from any public road, there shall be an all-weather driveway through the storage area to its most remote boundary. Such driveway shall be considered a fire lane and shall be marked by signs, "FIRE LANE". Such lane shall be kept clear of such -obstructions except self - powered vehicles utilized in storage operations. Such vehicles shall be moved from the fire lane at the close of business. The entire storage area shall be enclosed by a fence and have adequate gates installed in compliance with Section 106-798 of the Code of Ordinances of -the City of La Porte.. 4007 LOCATION Revised to read: Such areas where motor vehicles, etc., are stored shall be at least 15 feet from any building or structure unless that building or structure has an exterior masonry wall without windows. 4008 OUTDOOR TIRE STORAGE YARDS 4008.1 Scope Revised to read: The outdoor storage of shredded tires is prohibited. The outdoor storage of tires shall be limited to 25 tires. The tires shall be stacked and no closer than 10 feet from any building.or property line._ .. 4008.2 General Revised to read: Deleted 4008.3 Fire Safety Plan Revised to read: Deleted. 1994 STANDARD FIRE COWMENDMENTS cont. • PAGE 26 OF 26 4008.4 Storage Provisions Revised to read: Deleted 4008.5 Firebreaks Revised to read: Deleted 4008.6 Fire Department Access Revised to read: Deleted 4008.7 Fencing Revised to read:: Deleted 4008.8 Water, SuPPIY. Revised to read: Deleted 4008.9 Fire Extinguishers Revised to read: Deleted 0 WORKS]IOP ITEM - B City of La Porte Interoffice Memorandum To: Mayor and City Council From: Stephen Barr, Director of Parks and Recreation Jeff Litchfield, Assistant City Manager Date: ebruary 4, 1998 Subject: Workshop on Recreation/Fitness Center Costs and Fees During the workshop on the results of operation of the City's Recreation and Fitness Center (RFC;), we will cover the following information. Background The La Porte Recreation and Fitness Center (RFC), which opened seven years ago, has been an excellent success story for the City of La Porte. It has provided unequaled service delivery to the citizens of the area and has been a model for many other cities who recognize the need to provide first class amenities to their citizens. As part of the budget process, the cost of operating the RFC was reviewed. We were able to project a fairly accurate view of operating costs and, as a result of our computer system changes, believe we will be able to provide more accurate reporting in future years. Results of Operations Attached, as Exhibit A, is a budget report that shows our estimate of the costs to operate the RFC for the 1996-97 fiscal year and the 1997-98 fiscal year. In preparing this estimate, we have tried to separate those costs that relate directly to the RFC as well as make allowance for shared costs (i.e. electricity for the building benefits the RFC, the Seniors and Parks Administrative Staff). This amount, coupled with the revenues directly related to the RFC show that expenses exceed revenues each year. Specifically, they are: FY 96-97 FY 97-98 Revenues $ 226,442 227,000 Expenses 340.837 376.225 Difference 114,395 149,225 Operational Philosophy While the RFC is incurring a difference between revenues and expenses each year, we do not consider this to be an operating loss. It is our belief certain operations of the City are inherently designed to operate at a loss and be subsidized by property taxation and other forms of general revenue. We believe citizens expect certain things to be paid for out of their tax payments and a subsidy to the RFC operation is one of those services. However, we: do need assure ourselves that La Porte residents are not subsidizing members who are non-residents. With this in mind, we will walk through a calculation that tries to determine the costs to a member and make sure that our non-resident rates are in line. Memberships to the RFC can be either individual or family. In order to determine the cost per member, we, need to makean assumption on how many members normally make up a family membership and then add that number to the number of individual memberships. For the purposes of this calculation, we will assume there are 2.5 members per each family membership. Attached as Exhibit B is a chart that shows the memberships by category for 1997 and adjusts the memberships so we can arrive at a total number of members. As Exhibit B shows, there are approximately 2,023 members to the RFC for 1997. The next portion of the calculation will be determining the expense amount. We believe the 1997-98 expense amount to be higher than normal because of the $25,000 expense to replace the resistance weight equipment and as such feel comfortable using an average annual expense of $350,000. Dividing the $350,000 in annual expense by the approximate number of members (2,000) arrives at an amount of $175.00, which represents the City's cost to operate the RFC for each member for one year. Impact In the previous section, it was determined the City spends an average of $175.00 per year per member. The next step in our analysis is to determine what impact this has on our current rate structure. While this task sounds very simple, it is actually very complex. Under our current structure, there are 64 different memberships available. Attached as Exhibit C is a copy of the rate structure. As you can sere, the cheapest category for a resident is Plan A, Individual at $60.00 and the highest is, Plan D, Family at $230.00. For a non-resident, the costs for the same plans are $120.00 and $460.00, respectively. Seniors are % of the above prices 2 Instead of trying to analyze the 64 different plans, we want to approach this analysis by answering the question: "Are non-resident members being subsidized by Resident Tax Dollars?". Our methodology of answering this question is to take the non-resident memberships and determine the total revenues they generate, then divide the total revenue amount by the number of members (as determined earlier) to see what the average revenue per non-resident member is versus the expense per non-resident member. The total membership revenue for non-residents is shown below: Memberships Members Revenues Average Regular 149 193 33,240 172.23 Senior 35 54 4,680 86.66 Total 184 247 37,920 153.52 What do the above numbers mean when compared to the average expense per member of $175.00? They show mixed results. Non-resident members who are not senior citizens are paying their fair share ($172.22 revenue versus $175.00 expense) and are not being subsidized by the citizens of La Porte. However, non-resident Seniors are being subsidized by the citizens of La Porte ($86.66 revenue versus $175.00 expense). Summarize To summarize at this point, the RFC costs about $125,000 more to operate each year than the revenues it brings in. However, the subsidy that is being paid from the general revenues of the City of La Porte is being used to offset the costs of providing service to its residents (and non-resident seniors). The general tax dollar subsidy is not being used to offset the costs of non-resident general members, who are paying their fair share. At this point, staff does not recommend a change in rates at the RFC as it relates to revenue generation to cover expenses. Review of Rate Structure As mentioned earlier, there are currently 64 different membership options available to the public. Instead of listing. them all, the following calculation will provide an understanding of the complexity of the membership categories. There! are 4 different plan types, 4 Each Plan can be either Individual or Family, times 2 Each Plan can be paid for either Quarterly or Annually, times 2 Each Plan can be for a Resident or non-resident, times 2 Each Plan can be for a Senior or non -senior. times 2 Equats total number of options 64 3 • The percentage of membership by each plan is as follows: Plan A (no racquetball, no pool) Plan 13 (no pool) Plan C (no racquetball) Plan D (everything) Total As you can see, Plan A is the most popular plan, followed by Plan C. 47.4% 5.2% 34.6% 12.8% 100.0% In order to cut down on the complexity of administering the membership plan, staff would like to cut down on the number of plans available. Instead of the four plans currently offered, we would like to offer two plans, which would cut the membership options in half, from 64 to 32. The first plan would be called the Basic Plan and would be identical to the current Plan A, which includes all amenities of the RFC except the racquetball courts and the pool area. The second plan would be called the Deluxe Plan and would be identical to the current Plan D, which offers access to all areas of the RFC. Pricing for the Basic Plan would be identical to the pricing for the current Plan A. Pricing for the Deluxe Plan would be lower than the Current Plan D. It would be similar to the existing Plan C, which is the second largest use category. The proposed pricing of the plans would be: Individual Individual Family Family Quarterly Annual Quarterly Annual R NR R NR R NR R NR Basic 25 50 60 120 45 90 140 280 Deluxe 35 70 100 200 60 120 200 400 As with our current plan, senior citizens, whether La Porte residents or not, would get a 50% discount.. We have ran this new pricing structure through the current membership roll and have determined that total revenue under the proposed plan would be very similar to that we currently receive. Conclusion and Recommendation It is our conclusion that, non-resident memberships, with the exception of seniors, are priced sufficient to cover the expense incurred and that La Porte tax payers are not subsidizing non-residents. It is our recommendation that rates to the RFC remain similar to those currently in place and that the reorganization of the various plans into two categories be accomplished under the pretense of simplifying the membership process by cutting the number of options in half. 4 EXHIBIT A DIVISIONAL DETAIL RECREATION AND FITNESS CENTER Estimate Estimate 1996-97 1997-98 Personal Services: 1010 Regular Earnings 140,760 147,547 1020 Overtime 3,000 3,000 1035 Longevity 332 524 1060 FICA 11,023 11,557 1065 Retirement 16,325 17,116 1070 Workers Compensation 1,950 2,000 1080 Insurance - Medical 31,500 31,500 1081 Insurance - Life 82 82 Personal Services Subtotal 204,9T2 213,326 Supplies: 2002 Postage 2,300 2,300 2003 Clothing 800 800 2006 Cleaning 400 400 2007 Chemicals 2,000 2,000 2009 Medical 300 300 2015 Other Supplies 7,200 7,200 2031 Athletic Supplies 3,600 3,600 Supplies Subtotal -�0 - 16,600 Services & Charges: 3001 Memberships & Subscriptions 400 400 3020 Training/Seminars 1,715 1,715 4010 Recreation/Education Equip 7,000 7,000 4011 Building Maintenance 1,000 1,000 4019 Rental of Equipment 800 800 4060 Computer Lease Fees 2,760 2,760 6002 Printing/Reproduction 1,800 1,800 6005 Advertising 500 500 6010 Janitorial 13,830 13,830 7001 Electrical 65,000 65,000 7002 Natural Gas 9,000 9,000 7003 Telephone 500 500 7004 Water 6,000 6,000 Services & Charges Subtotal 110305 110,305 Capital Outlay: 8011 Office Equipment 300 - 8060 Recreation Equipment 8,660 36,000 Capital Outlay Subtotal 36,000 Division Total 340,837 376,231 41 Memberships to the Recreation and Fitness Center for 1997 Individual Quarterly Individual Annual Family Quarterly Family Annual Totals Total Plan Resident Non Resident Non Resident Non Resident Non Resident Non All A Regular 529 771 162 37 175 15 53 5 919 134 1053 Senior 4 9 30 1 U i 7 1 46 12 58 Total A 533 86 192 38 180 16 60 61 965 146 1111 B Regular 40 5 17 8 33 2 13 0 103 15 118 Senior 0 0 1 1 1 0 0 1 2 2 4 Total B 40 5 18 9 34 2 13 1 105 17 122 C Regular 207 58 105 40 140 17 92 12 544 127 671 Senior 14 16 46 13 14 1 26 101 100 40 140 Total C 221 74 151 53 154 18 118 22 644 167 811 D Regular 66 9 29 0 120 12 56 0 271 21 292 Senior 1 0 0 1 2 0 1 1 4 2 6 Total D 67 9 29 1 122 12 57 1 275 23 298 Total Regular 842 149 313 85 468 46 214 17 1837 297 2134 Total Senior 19 25 77 16 22 2 34 13 152 56 208 Totals 861 174 390 101 490 48 248 30 1989 353 2342 Adjustments: Qtrly to Annual 215 44 123 12 Family to Indivual 308 30 620 75 Adjusted Totals 215 44 390 101 308 30 620 75 1783 Plus Corporate 240 Total Members 2023 CD m C .10 • L� Exhibit C Price Daily Use Individual I Individual I Family Family I Senior I Plan ni-Iv 01 •lv a r•' ' �•,� R NR R I NR R I t R I NR I R I NR I R I NR I Plan A S7.5 S15 I S25 I S50 I S60 S120 I S45 S90 $1-40 S280 50 o 150°$ off off Plan B . S10.5 S21 I S40 S80 I S120 5240 I $60 I S120 S200 S400 50 o 150O7o I off off Plan C S8.5 S17 I S35 I S70 I S90 I S180 I S60 I S120 $185 I S370 I 50% I ,off I Plan D S11.5 S23 I S45 I S90 I S150 I S300 I S70 I S140 I 5230 $460 I _ I 150 I off fflff MEMBEIRSHIP PL-a.`I i weight i rooms w—yrn locker rooms steami sauna rooms I c=rdio eauio. -aerobics room only r_cauetbai! tours lag pool i PL-',.V .a I • • ( • I . I . I I I I IPL.L*q 3 . . I . I . I . I • • PL.04C . • . ' . i • I • i i • i PL.Lv p • • i � . I . � . i I 0 . 0 2(5 REOJFOR CITY COUNCIL AGENDA IPM Agenda Date Requested: FEBRUARY 9. 1998 Requested By: Paul Hickenbottom Department: Fire Report Resolution XXX Ordinance Exhibits: See attached local revisions to 1994 STANDARD FIRE CODE and adopting ordinance. SUMMARY & RECOMMENDATION The La Porte Fire Code Review Committee has reviewed the 1994 Standard Fire Code with local amendments and requests that it be approved to replace the current 1983 Fire Code. Action Required by Council: Adopt ordinance. Availability of Funds: . _ General Fund_ INater/Wastewater Capital Improvement General Revenue Sharing Other Account Number: Funds Available: YES NO ' ., ORDINANCE NO. 98-2221 AN ORDINANCE ADOPTING AND ENACTING THE STANDARD FIRE PREVENTION CODE-1994 EDITION, TOGETHER WITH SUCH RECOGNIZED STANDARDS AND PUBLICATIONS AS ARE INCORPORATED THEREIN, AND FURTHER ADOPTING SUCH AMENDMENTS AS ARE HEREINAFTER INCLUDED, AS THE OFFICIAL FIRE CODE OF THE CITY OF LA PORTE; BY PROVIDING FOR THE AMENDMENT OF SECTION 38-101 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; PROVIDING i4 PENALTY FOR THE VIOLATION THEREOF; PROVIDING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Section 38-101 of the Code of Ordinances, City of La Porte, Texas is hereby amended to read as follows: "Section 38-101. Fire Code Adopted. The Standard Fire Prevention Code- 1994 Edition, together with all amendments thereto, which are all on file in the office of the city secretary, is hereby adopted as the fire code of the city, incorporated by reference in this article, and made a part hereof, as fully as if copied at length herein Verbatim." Section 2. The amendments to said Standard Fire Prevention Code-1994 Edition attached to this Ordinance as Exhibit A, are hereby adopted by the City Council of the City of La Porte, Texas as amendments to the said Standard Code. In the case of a conflict between a provision in said Standard Code and a provision in the amendments attached to this Ordinance, the provision in the amendments attached to this Ordinance shall prevail. Section.3. The 1983 edition of the Fire Code of the City of La Porte, together with all amendments thereto, up to and including any amendments to said 1983 Fire Code prior to November 1, 1997, is (and are) hereby expressly repealed. Ordinance No. -98- 220 Page 2 Section 4. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be punished by a fine not exceeding $2,000.00. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any fire code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits. Section 5. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 6. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, Ordinance No. 98- 2* S Page 3 phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 7. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least twice within ten (10) days after the passage of this ordinance. (( PASSED AND APPROVED this theTr- day of ,1998. CITY OF LA PORTE NORMAN L. MALONE, MOOR ATTEST: I(i 2 a Gillette, City Secretary • i MEETING HANDOUTS RECREATION and FITNESS CENTER FEES and SERVICES The fitness center has been in operation for — seven (7) years at the same fee schedule, although we have had increases in operating costs. We should not continue to operate without some con- sideration for the future of the center. It is not prudent of us to ignore these cost increases over long stretches of time as we did in the past on water and sewer front fees. When we had to make adjustments and :increase fees they were substantial and everyone that was affected was outraged. It is incumbent on us to monitor and adjust fees in shorter time increments to "soften the blow" and I feel that it is important to make some subtle adjustments with these fees now while we are broadening the scope of the packages and services. We can make the Premium Package more attractive to the Basic Plan members and try to induce them to upgrade. I do not believe that the daily fees should change as they appear to be disproportionate to the balance of the fee schedule. Some general observations / assumptions: 1) Personal services accounts for — 60% of the total budget 2) One year increase in personal services (most recent) was a 4.1 % for a total impact (increase) in the budget by — 2.48% 3) It has been sevev (7) years without any increase, it is assumed that personal services alone has risen — 18% ( 7 X 2.48% ) 4) Even though this facility may be an amenity for the citizens that should not be expected to pay for itself fully, it is incumbent on us to be prudent .and fiscally responsible and at least make periodic adjustments so that the operating costs do not get away from us. Some suggestions as to rate adjustments: INDIVIDUAL ANNUAL Current New $ 60.00 $ 90.00 $ '72.00 $ 120.00 BASIC PLAN PREMIUM PLAN FAMILY ANNUAL Current New $ 140.00 $ 185.00 $ 175.00 $ 225.00 These are just sorne numbers abitrarily selected, however, I do believe that it is important that we increase fees some to keep up with the costs incurred. This is still a tremendous value and by combining / consolidating the four packages into two that this is significantly improving the services available at a better value. Alton Porter OFFICIALS LIST ANNUAL ELECTION — MAY 2, 1998 Central Counting Cherie Black Rhonda Yoc:kov Early Voting Clerk Cherie Black Early Voting Ballot Board Charlotte Boudreaux Peggy Holland C. David "Charlie" Young Interpreter Maria Ramos District #1 Kim Womack Barbara Womack Kathy Womack District #2 Inge Browder Richard Browder Open — To be determined District #3 Jo Davis Jana Wood Page 2 Jamie Davis District #4 Betty Moore! Francie Jordan Lillie Curlee District #5 Cathy Emrick Mary Ann Trainer Mandi Trainer District #6 Shirley Farkas Louise Zoller Elizabeth Brown District #7-Colleze Park Thelma Schaffer Harold Schaffer Open — To be determined 0 s STATE OF TEXAS § Revised 09/97 Page 1 of 6 COUNTY OF HARRIS § WATER SERVICE AGREEMENT (Without Utility Extension Agreement) This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and SOUTHERN IONICS INCORPORATED, a corporation, hereinafter called "COMPANY". I. COMPANY is the owner of certain real property which is situated in CITY'S Bayport Industrial District and not within the corporate limits of the CITY. CITY and COMPANY are parties to a current Industrial District Agreement. II. COMPANY is desirous of purchasing potable water from CITY for usual human domestic consumption and uses, and not for use for industrial processes of any kind. Previous planning considerations for the long-range potable water supply of CITY did not include the needs of property located outside the city limits of CITY. COMPANY recognizes that CITY cannot at this time provide permanent and unlimited water service as requested. CITY agrees, however, to provide limited potable water service to COMPANY. For and in consideration of furnishing domestic potable water by CITY, the parties hereto agree as follows, to -wit: COMPANY has made the following representations to CITY as to its number of employees, as of the date of this agreement, upon which representations CITY has relied in entering into this Agreement. 0 CITY OF LA PORTE • November 18, 1997 TO: Mayor and City Council FROM: Robert T. Herrp City Manager ( T SUBJECT: Fire Code For your information, I have attached a copy of changes recommended by the Fire Marshal and Fire Code: Review Committee with a request that the City of La Porte adopt the 1994 Standard Fire Prevention Code. I would like to schedule a workshop or place this matter on a City Council agenda in the month of January 1998. Please take an opportunity to review the proposal and if needed, get back with me or contact Paul Hickenbottom directly. Thank you. RTH: cjb Attachment c Paul Hick:enbottom Joe Sease: Executive: Staff DISTRIBUTION LIST: John Joerns Jeff Litchfield Stephen Barr Carol Buttler Champ Dunham Steve Gillett Xartha CMett Bobby Powell Guy Rankin Louis Rigby 0 CITY OF LA PORTE 10 January 7, 1998 TO: Mayor and City Council FROM: Robe T. Herrera, City Manager SUBJECT: Proposed Fire Code Amendment Please recall that on November 18, 1997, I forwarded to you a document that was developed by the Fire Code Review Committee and Fire Marshal to take the place of our existing Fire Code. I would like to schedule a workshop on this subject for Monday, January 26, 1998. Staff has prepared a briefing paper on the amendments to reflect how the changes help or clarify the portions of the old .code we wish to keep. If you require an additional copy of the proposed Fire Code changes, please advise. RTH:cjb Attachment / c Martha Gillett ✓