HomeMy WebLinkAbout1998-02-09 Workshop, Public Hearing and Regular Meeting of City Council•
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)!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:
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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.
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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
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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
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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
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• 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.
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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.
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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.
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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.
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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).
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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
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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.
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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.
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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
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NOTARY PUBLIC, STATE OF TEXAS 1.
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MY COMMISSION EXPIRES
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1200 Hwy. 146
Suite 180
P.O. Box 1414
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County of Harris
State of Texas
J.�Po ., exas 77571
(71471-1234
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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
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FRANCES M. WILLIAMS
i NOTARY P
UBLIC, STATE OF TEXAS
�r +r MY COMMISSION EXPIRES
F°f'MARCH 26, 1998
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�. (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
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,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;
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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;
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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
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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
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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
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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
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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
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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
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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.
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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
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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;
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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 ✓