HomeMy WebLinkAbout1998-03-23 Regular Meeting and Public Hearing of City Council
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ORIGtNAl
MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING
OF LA PORTE CITY COUNCIL
MARCH 23, 1998
1. CALL TO ORDER
Th'e 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
POlter, 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, City Attorney Knox Askins, Police Chief Bobby Powell, City
Secretary Martha Gillett, ~lanning Director Guy Rankin, City Engineer Doug
Kneupper, Director of Administrative Services Louis Rigby, Parks and
Recreation Director Stephen Barr, Human Resources Manager Kim Meismer,
Assistant Finance Director, Cash Manager Rick Overgaard, Assistant Public
Works Director Buddy Jacobs, City Manager's Secretary Carol Buttler, Tax
Ass(~ssor/Collector Kathy Powell, Public Works Secretary Genitha Smith,
Public Works Secretary Leta Money and Public Works Director Steve Gillett.
Othf~rs Present: Peter Griffiths, Cecil Money, John Williamson, Spero
Pomonis, Lou Lawler, Father Tom Rafferty, Carlos Smith, Barry Abrams,
Heather Meismer and a number of La Porte Citizens.
2. INVOCATION - FATHER TOM RAFFERTY - ST. MARY'S CATHOLIC
CmJRCH
Father Tom Rafferty delivered the invocation.
3. CONSIDER APPROVING MINUTES OF REGULAR MEETING ON
FEBRUARY 23, 1998.
Motion was made by Councilperson Sutherland to approve the minutes of
Febmary 23. 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 L. Malone.
Nays: None
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Cit.Y Council Meeting Minutes - March 23, 1998
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4. PROCLAMA TIONS:
A. MARCH FOR JESUS DAY
This Proclamation was rescheduled to be presented at a later date.
5. PRESENTATIONS:
A. CERTIFICA TE OF ACHIEVEMENT OF EXCELLENCE A WARD
This presentation will be presented at the next City Council Meeting.
B. RECOGNITION OF EMPLOYEE OF THE QUARTER
Public Works Secretary Leta Money was presented with a plaque and
recognized as the Employee of the Quarter. Plaque was presented by Public
Works Secretary Genitha Smith. It was noted this is Ms. Money's second time
to re.ceive this award.
6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND
CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL
Spero Pomonis, 218 Bay Colony Drive, addressed City Council regarding
Dolphin Pilings at the Sylvan Beach Pier. Mr. Pomonis advised City Council
that he strongly opposed this issue. He suggested Council consider some type of
temporary measure.
John Williamson, 10827 N. Ave. H, advised City Council that the City of La
Porte is being recognized and presented with a dedication at this year's events.
He thanked the City for everything they have done and invited everyone to
attend the Rodeo Association events.
Sydm::y Grant, 1907 Lomax Drive, requested to speak for more than five
minutes and City Council approved his request. Mr. Grant addressed City
Coundl regarding drainage problems in the Lomax area. He presented a signed
petition to City Council on behalf of several citizens requesting assistance.
Billy Stover, 1921 Laura Lane, addressed City Council regarding drainage
problems in the Lomax area and presented a diagram outlining areas of concern.
Mr. Stover requested City Council to look at this matter.
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7. PUBLIC HEARING - CONSIDER RECOMMEND A TION FROM
PL.ANNING AND ZONING COMMISSION OF THE CITY OF LA
PORTE TO AMEND CHAFfER 106 OF THE CODE OF ORDINANCES,
RE:GARDING TELECOMMUNICATION TOWERS, ANTENNAS,
SUPPORT STRUCTURES AND TELECOMMUNICATION FACILITIES
WITHIN THE CITY OF LA PORTE
OPEN PUBLIC HEARING
Mayor Malone opened the public hearing at 6:38 P.M.
REVIEW BY STAFF
Guy Rankin presented summary and recommendation. Mr. Rankin noted that
sevc::ral companies have requested to build cellular communications towers
within the City of La Porte. The current ordinance does not address this matter.
Mr. Rankin advised City Council the Planning and Zoning Commission
conducted a workshop to discuss this matter on February 11, 1998.
Subsequently, on February 19, 1998, a public hearing was held to receive
citi~en input regarding a proposed amendment to Chapter 106 of the Code of
Ordinances regarding telecommunication towers, antennas, support structures
and telecommunication facilities within the City of La Porte.
PUULIC INPUT
Ther,e were no citizens wishing to address this matter.
RECOMMENDATION OF PLANNING
The Planning and Zoning Commission recommends City Council conduct a
publi,c hearing and consider approval of an amendment to Chapter 106 of the
Code of Ordinances regarding telecommunication towers, antennas, support
structures and telecommunication facilities within the City of La Porte.
CLOSE PUBLIC HEARING
Mayor Malone closed the public hearing at 6:34 P.M.
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8. CONSIDER APPROVAL OR OTIlER ACTION REGARDING AN
ORDINANCE AMENDING CHAPTER 106, OF TIlE CODE OF
ORDINANCES OF THE CITY OF LA PORTE, BY ADDING NEW
ARTICLE Vill, TELECOMMUNICATION TOWERS AND FACILITIES,
SECTIONS 106-890 THROUGH 106-907 REGULATING THE
PLACEMENT, CONSTRUCTION, AND MODIFICATION OF TOWERS,
M[TENNA, SUPPORT STRUCTUES, AND TELECOMMUNICATIONS
FACILITIES; AMENDING ARTICLE ill, DISTRICTS, DIVISION 4
INlJUSTRIAL DISTRICT REGULATIONS, SEC. 106-521, TABLE A,
INIlUSTRIAL USES, TO ALLOW TELECOMMUNICATIONS TOWERS,
ANTENNA, SUPPORT STRUCTURES, AND TELECOMMUNICATIONS
FACILITIES AS A PERMISSmLE USE IN H-I ZONING DISTRICTS, AS
A CONDITIONAL USE IN B-1 AND L-I ZONING DISTRICTS AND
PROHmITING THEM IN ALL OTHER ZONING DISTRICTS COrd.
1501-AA) - G. Rankin
City Attorney Knox Askins read: ORDINANCE 1501-AA - AN ORDINANCE
AMENDING CHAPTER 106, OF THE CODE OF ORDINANCES OF THE
CITY OF LA PORTE, BY ADDING NEW ARTICLE VITI,
TELECOMMUNICATION TOWERS AND FACILITIES, SECTIONS 106-890
THROUGH 106-907 REGULATING THE PLACEMENT, CONSTRUCTION,
AND MODIFICATION OF TOWERS, ANTENNA, SUPPORT
STRUCTURES, AND TELECOMMUNICATIONS FACILITIES;
AMENDING ARTICLE lIT, DISTRICTS, DIVISION 4 INDUSTRIAL
DISTRICT REGULATIONS, SEC. 106-521, TABLE A, INDUSTRIAL USES,
TO ALLOW TELECOMMUNICATIONS TOWERS, ANTENNA, SUPPORT
STRUCTURES, AND TELECOMMUNICATIONS FACILITIES AS A
PERMISSIBLE USE IN H-I ZONING DISTRICTS, AS A CONDITIONAL
USE IN B-1 AND L-I ZONING DISTRICTS AND PROHIBITNG THEM IN
ALL OTHER ZONING DISTRICTS; PROVIDING THAT ANY PERSON
VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED
GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE
FINED IN ANY SUM NOT MORE THAN TWO THOUSAND DOLLARS
($2,000.00) AND EACH DAY OF VIOLATION SHALL BE DEEMED A
SEP ARA TE OFFENSE; CONTAINING A SEVERABILITY CLAUSE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS ACT; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson McLaughlin to approve this Ordinance as
readhy the City Attorney. Second by Councilperson Sutherland. The motion
carried, 9 ayes, 0 nays.
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City Council Meeting Minutes - March 23, 1998
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Ayes: Councilpersons Sutherland, Engelken, Ebow, McLaughlin, Porter, Gay,
Maxwell, Clark and Mayor Malone.
Nays: None
9. RE'.CEIVE REPORT FROM PARKS AND RECREATION DIRECTOR
REGARDING REQUEST FROM GALVESTON BAY FOUNDATION TO
INSTALL DOLPHIN PILINGS AT THE SYLVAN BEACH FISHING
PIER - S. Barr
Parks and Recreation Director Stephen Barr advised City Council that the
Galveston Bay Foundation has proposed placing two Dolphin Pilings adjacent to
the Sylvan Beach Fishing Pier in order to allow a barge to dock alongside the
t-head for their Bay Day program. The installation would be handled through
the Texas Waterway Operator's Association. They are requesting permission to
drive 40' marine treated piles, three in each piling, approximately 10-12 feet
from each outer end of the t-head. The three piles would be lashed together
with stainless steel cable for strength and endurance. Mr. Barr further advised
he had contacted the TWOA regarding an alternate siting plan for the pilings
and they are reviewing the proposed change for its utility.
Mayor requested Council to give direction whether or not to proceed with this
projl~t. A majority of the Council was not in favor of the City moving forward
with this project.
10. CONSIDER APPROVAL OR OTHER ACTION REGARDING A
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AND RETURN THE PARTICIPATION AGREEMENT ON BEHALF OF
THE CITY OF LA PORTE AND TO CONTRmUTE AN AMOUNT NOT
TO EXCEED TEN CENTS ($0.10) PER CAPITA, TO ASSIST IN
ADURESSING THE ISSUES AND CONCERNS RAISED BY EPA'S
PHASE II STORM WATER PROGRAM (Res. 98-02) - S. Gillett
Public Works Director Steve Gillett presented summary and recommendation
for Resolution 98-02. Mr. Gillett informed Council that for several years, cities
with a population greater than 100,000 have been required to permit and
regulate storm water (phase I Storm Water Program). The EPA is close to
finalizing requirements for cities under 100,000 to implement storm water
permitting and regulation (phase II Storm Water Program). On February 6,
1998, 55 cities in Texas met to form a coalition to address the Program and its
impact on Texas cities. A steering committee was formed, and the law firm of
Matthews & Freeland, L.L.P. was retained to perform legal and regulatory
services on behalf of the group at the direction of the steering committee. All
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City Council Meeting Minutes - March 23, 1998
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Tex.as cities have been invited to join, at a cost not to exceed ten ($0.10) per
capita. The cost for the City of La Porte to participate is approximately
$3,200.00.
Mr. Gillett requested City Council to consider approving Resolution 98-02
authorizing the City Manager to execute and return the Participation Agreement
on behalf of the City of La Porte and to contribute an amount not to exceed ten
cents ($0.10) per capita, to assist in addressing the issues and concerns raised by
EPA's Phase IT Storm Water Program.
In addition, Mr. Gillett addressed Council questions.
City Attorney Read: RESOLUTION 98-02 - A RESOLUTION BY THE CITY
COUNCIL OF LA PORTE, TEXAS TO JOIN A COALITION OF TEXAS
CITIES TO ADDRESS ISSUES RELATING TO EPA'S PHASE II STORM
WATER PROGRAM.
Motion was made by Councilperson Sutherland to approve this Ordinance as
read. by the Assistant City Attorney. Second by Council person Engelken. The
motion carried, 9 ayes, 0 nays.
Ayes: Councilpersons Sutherland, Engelken, Ebow, McLaughlin, Porter, Gay,
Maxwell, Clarke and Mayor Malone.
Nays: None
11. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN
ORDINANCE AMENDING THE DEVEWPMENT ORDINANCE
REGULA TING THE PLATTING OR REPLA TTING OF LAND IN THE
CITY OF LA PORTE PERTAINING TO CONVERTING LAND FROM
ITS NATURAL STATE, OR ALTERING THE ELEVATION OF
PROPERTY, OR CONVERTING ITS EXISTING USAGE TO
RESIDENTIAL, COMMERCIAL, OR INDUSTRIAL USES (Ord. 1444-A)
G. Rankin
Planning Director Guy Rankin presented summary and recommendation to City
Council. Mr. Rankin informed City Council there have been some resent
citizen complaints regarding the ability to add fill dirt to an individual property.
The Planning Department wishes to amend Development Ordinance #1444, to
provide protection for property owners adjacent to persons that seek to alter or
change the elevation of their property.
In addition, Mr. Rankin addressed Council questions.
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City Council Meeting Minutes - March 23, 1998
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City Attorney read: ORDINANCE 1444-A - AN ORDINANCE AMENDING
SECTION 2.19 DEVELOPMENT, SECTION 4.08 DEVELOPMENT SITE
PLANS; GENERAL AND SECTION 11.02, DRAINAGE AND STORM
SEWER, OF CITY OF LA PORTE ORDINANCE NO. 1444 REGULATING
THE PLATTING OR REPLA TTING OF LAND INTO SUBDIVISIONS IN
THE CITY OF LA PORTE AND WITHIN THE EXTRATERRITORIAL
JURISDICTION OF THE CITY OF LA PORTE; PROVIDING THAT ANY
PERSON VIOLATING THE TERMS OF THE ORDINANCE SHALL BE
DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON
CONVICTION BE FINED A SUM OF NOT MORE THAN TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH VIOLATION; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A
SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING
AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Engelken to approve this Ordinance as read
Whe City Attorney. Second by Councilperson Gay. The motion carried, 9
ayes:, 0 nays.
Ayes: Councilpersons Sutherland, Engelken, Ebow, McLaughlin, Porter, Gay,
Maxwell, Clark and Mayor Malone.
Nays: None
12. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN
ORDINANCE APPROVING AND AUTHORIZING A BANKING
SERVICES AGREEMENT BETWEEN THE CITY OF LA PORTE AND
BA YSHORE NATIONAL BANK OF LA PORTE, FOR A THREE YEAR
TERM, COMMENCING APRIL 1, 1998, AND TERMINATING MARCH
31, 2.001, PROVIDING FOR A TWO YEAR RENEWAL OPTION AND
ON A MONTH TO MONTH BASIS THEREAFfER - (Ord. 98-2226) J.
Litchfield
Assistant City Manager Jeff Litchfield presented summary and recommendation
to City Council. Mr. Litchfield requested City Council approve this Ordinance
authorizing a Banking Services agreement with Bayshore National Bank for a
three year term beginning April 1, 1998, with a two year renewal option, and on
a month to month basis thereafter.
In addition, Mr. Litchfield addressed Council questions.
City Attorney read: ORDINANCE 98-2226 - AN ORDINANCE APPROVING
AND AUTHORIZING A BANKING SERVICES AGREEMENT BETWEEN
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City Council Meeting Minutes - March 23, 1998
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THE CITY OF LA PORTE AND BA YSHORE NATIONAL BANK OF LA
PORTE, FOR A THREE YEAR TERM, COMMENCING APRIL 1,1998,
AND TERMINATING MARCH 31,2001, PROVIDING FOR A TWO YEAR
RENEWAL OPTION AND ON A MONTH TO MONTH BASIS
THEREAFTER, MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
Mayor Malone, Council person Sutherland and Councilperson Engelken left due
to a. potential conflict of interest. Councilperson Porter presided over the
mec:~ting for this item.
Motion was made by Councilperson McLaughlin to approve Ordinance 98-2226
as read by the City Attorney. Second by Councilperson Ebow. The motion
carried, 6 ayes, and 3 abstain.
Ayes: Councilpersons Ebow, McLaughlin, Porter, Gay, Maxwell and Clark.
Nays: None
Abs1tain: Councilperson Sutherland, Engelken and Mayor Malone.
13. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN
ORIllNANCE APPROVING AND AUTHORIZING A CONTRACT FOR
COLLECTION OF DELINQUENT TAXES BETWEEN THE CITY OF LA
PORTE AND PERDUE, BRANDON, FIELDER, COLLINS AND MOTT,
LLP FOR A THREE YEAR TERM, COMMENCING APRIL 1,1998,
ANn TERMINATING MARCH 31, 2001, PROVIDING FOR A TWO
YEA.R RENEWAL OPTION AND ON A MONTH TO MONTH BASIS
THEREAFTER (Ord. 98-2227) - J. Litchfield
Assistant City Manager Jeff Litchfield presented summary and recommendation.
Mr. Litchfield advised Council the city received proposals from three firms on
this it.em. The current provider did not submit a proposal. The result was that
each .of the firms are well qualified to 'do the task at hand, which made the
select.ion process very difficult. Perdue was specifically wanted by the School
District and the City had no reason to not utilize them.
Mr. Litchfield recommended City Council approve this Ordinance authorizing a
Contract for the Collection of Delinquent Taxes with Perdue, Brandon, Fielder,
Collins, & Mott L.L.P. for a three year term beginning April 1, 1998, with a
two year renewal option, and on a month to month basis thereafter.
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City Counci.l Meeting Minutes - March 23, 1998
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Mr. Litchfield addressed questions from Council.
City Attorney read: ORDINANCE 98-2227 - AN ORDINANCE APPROVING
AND AUTHORIZING A CONTRACT FOR COLLECTION OF
DELINQUENT TAXES BETWEEN THE CITY OF LA PORTE AND
PERDUE, BRANDON, FIELDER, COLLINS & MOTI, LLP FOR A THREE
YEAR TERM, COMMENCING APRIL 1,1998, AND TERMINATING
MARCH 31,2001, PROVIDING FOR A TWO YEAR RENEWAL OPTION
AND ON A MONTH.TO MONTH BASIS THEREAFTER, MAKING
VARIOUS FINDINGS AND PROVISION RELATING TO THE SUBJECT;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
A motion was made by Councilperson Engelken to approve the Ordinance as
M.j2resented. Second by Councilperson Maxwell. The motion carried, 8
ayes and 1 nay.
Ayes: Councilpersons Sutherland, Engelken, McLaughlin, Porter, Gay,
Maxwell, Clarke and Malone.
Nay: Councilperson Ebow.
14. CONSIDER APPROVAL TO APPROPRIATE AN ADDITIONAL $13,116
FROM THE UTILITY CIP FUND CONTINGENCY TO COMPLETE mE
REF'AIRS TO WATER WELL #3 - S. Gillett
Public Works Director Steve Gillett presented summary and recommendation.
Mr. Gillett advised Council the funds are available in the 1997-98 Utility CIP
Fund, Contingency. In addition, he addressed Council questions.
A motion was made by Councilperson Clarke to approve the request to
appropriate additional funds to complete the repairs to Water Well #3. Second
by Councilperson Ebow. The motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Sutherland, Engelken, Ebow, McLaughlin, Porter, Gay,
Maxwell, Clarke and Malone.
Nay: None
15. CONSIDER APPRO V AL OR OTHER ACTION AUTHORIZING THE
CITY MANAGER TO EXECUTE THE PROPOSAL AGREEMENT
BET\VEEN THE CITY OF LA PORTE AND H. CARWS SMITH
ENGlNEERS AND SURVEYORS, INC. FOR A FIXED DESIGN FEE OF
$30,000 FOR THE CONSTRUCTION OF A NEW CENTRALIZED
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City Council Meeting Minutes - March 23, 1998
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FLEET FUELING FACILITY AND A NOT-TO-EXCEED FEE OF $10,000
FOR THE REMOVAL OF UNDERGROUND STORAGE TANKS FROM
THE PUBLIC WORKS AND POLICE DEPARTMENT FACILITIES - S.
Gillett
Public Works Director Steve Gillett presented summary and recommendation.
Mr. Gillett advised Council the City is planning the construction of a new
centralized fleet fueling facility with aboveground tanks to replace the two
fueling facilities with underground tanks. The City is required to bring these
sites into compliance or remove them by December 22, 1998.
Mr. Gillett recommended Council authorize the City Manager to execute the
proposal agreement between the City of La Porte and H. Carlos Smith
Engineers and Surveyors, Inc. for a fixed design fee of $30,000 for the
con:;truction of new centralized Fleet Fueling Facility and not-to-exceed fee of
$10,,000 for the removal of underground storage tanks from the Public Works
and Police Department facilities.
A motion was made by Councilperson Maxwell to approve the agreement as
~ested by the Public Works Director. Second by Councilperson Porter. The
motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Sutherland, Engelken, Ebow, McLaughlin, Porter, Gay,
Maxwell, Clarke and Malone.
Nay: None
16. ADl\fINISTRATIVE REPORTS
City Manager Robert T. Herrera reminded City Council that Early Voting will
take place from April 15 - April 28, 1998.
In addition, Mr. Herrera advised Council the Rodeo Association'wilJ be
recognizing the City of La Porte this year and that the City enjoys working with
this group.
17. COUNCIL ACTION
Coundlpersons Sutherland, Engelken, Ebow, McLaughlin, Porter, Gay and
Clarkl~ brought items to Council's attention.
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City Council Meeting Minutes - March 23, 1998
Page 11
18. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN
M]~ETINGS LAW, CHAPTER 551.071 THROUGH 551.076, AND 551.084,
TE:XAS GOVERNMENT CODE, - (CONSULTATION WITH
A l'TORNEY, DELffiERA TION REGARDING REAL PROPERTY,
DELffiERA TION REGARDING PROSPECTIVE GIFf OR DONATION,
PERSONNEL MATTERS, CONFERENCE WITH EMPLOYEES
DE,LffiERA TION REGARDING SECURITY DEVICES, OR
EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER
WITNESS IN AN INVESTIGATION)
A. SECTION 551.072 - (REAL PROPERTY) MEET WITH CITY
MANAGER AND CITY ATTORNEY REGARDING LAND
ACQUISITION
B. SECTION 551-071 (CONFERENCE WITH ATTORNEY) MEET
WITH SPECIAL LEGAL COUNSEL REGARDING PENDING
LITIGA TION
Council retired into executive session at 7:51 p.m. under Section 551.072
(REAL PROPERTY), Meet with City Manager and City Attorney regarding
land acquisition and under Section 551.071 (CONFERENCE WITH
ATTORNEY) Meet with Special Legal Counsel regarding pending litigation.
Council returned to the table at 8:58 p.m., with no action taken.
19. CONSIDERA TION AND POSSIBLE ACTION ON ITEMS CONSIDERED
IN EXECUTIVE SESSION
Therc~ was no consideration for items A and B.
20. ADJOURNMENT
There:: being no further business to come before Council, the Regular Meeting
was duly adjourned at 9:00 p.m.
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City Council Meeting Minutes - March 23, 1998
Page 12
Respectfully submitted,
'"-"1/1tUtka. Jld1:dI
Martha A. Gillett
City Secretary
~. ~ ~ day of April, 1998.
man L. Malone, Mayor
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REOutlT FOR CITY COUNCIL AG&A ITEM
Agenda Date Requested: March 23,1998
Requested By: Guy Rankin (O(jl.()..,
RE:port Resolution
Department: Planning
X Ordinance
Exhibits:
1. Ordinance
Summary & Recommendation
Several telecommunication firms have contacted the Planning Department desiring to build
cellular communication towers within the City of La Porte. Chapter 106 of the Code of
Ordinances is silent on the issue of communication towers.
The Planning and Zoning Commission conducted a workshop to discuss this item on
February 11, I~J98. Subsequently, on February 19, 1998, a public hearing was held to receive
citizen input regarding a proposed amendment to Chapter 106 of the Code of Ordinances
regarding telecommunication towers, antennas, support structures and telecommunication
facilities within the City of La Porte. At that meeting, there were no citizens present who
wished to addf(~ss the Commission on the subject.
The Commission unanimously voted to recommend City Council approval of the proposed
amendment, as stated in a letter dated February 26, 1998, sent to City Council by Betty
Waters, Chairperson for the Commission.
As proposed, this amendment will allow as a permissible use, telecommunications towers,
antenna, support structures, and telecommunication facilities in HI (Heavy Industrial) zoning
districts, and as a conditional use in BI (Business Industrial) and LI (Light Industrial) zoning
districts and prohibiting them in all other zoning districts.
A public notice was published in the Bayshore Sun on February 1, 1998, for the February 19,
1998 Planning and Zoning Commission public hearing. Also, a public notice was published
in the Bayshore Sun on March 8, 1998 for this March 23, 1998 City Council public hearing.
Action Required by Council:
1. Conduct Public Hearing.
2. Consider approval of an amendment to Chapter 106 of the Code of Ordinances
regarding telecommunication towers, antennas, support structures and
telecommunication facilities within the City of La Porte.
Availability of ]Funds: N/ A
General Fund
Capital Improvement
Other
Account Number:
Water /W astewater
General Revenue Sharing
Funds Available: Yes
No
Approved for City Council Agenda
;?/;8/f~
Da~e I
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ORDINANCE NO. 1501- AA
AN ORDINANCE AMENDING CHAPTER 106, OF THE CODE OF ORDINANCES OF
THE CITY OF LA PORTE, BY ADDING NEW ARTICLE VIII, TELECOMMUNICATION
TOWERS AND FACILITIES, SECTIONS 106-890 THROUGH 106-907 REGULATING
THE PLACEMENT, CONSTRUCTION, AND MODIFICATION OF TOWERS,
ANTENNA, SUPPORT STRUCTURES, AND TELECOMMUNICATIONS FACILITIES;
AMENDING ARTICLE III. DISTRICTS, DIVISION 4 INDUSTRIAL DISTRICT
REGULATIONS, SEC. ~ 106-521, TABLE A, INDUSTRIAL USES, TO ALLOW
TELECOMMUNICATIONS TOWERS, ANTENNA, SUPPORT STRUCTURES, AND
TELECOMMUNICATIONS FACILITIES AS A PERMISSIBLE USE IN H-I ZONING
DISTRICTS, AS A CONDITIONAL USE IN B-1 AND L-I ZONING DISTRICTS AND
PROHIBITING THEM IN ALL OTHER ZONING DISTRICTS; PROVIDING THAT ANY
PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED
GUILTY OF A. MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY
SUM NOT MORE THAN TWO THOUSAND DOLLARS ($2,000.00) AND EACH DAY'
OF VIOLATION SHALL BE DEEMED A SEPARATE OFFENSE; CONTAINING A
SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS
ACT; AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, on February 8, 1996, Congress enacted the Telecommunications
Act of 1996, P.L. No. 104-104, to deregulate the telecommunications industry, providing
a more competitive environment for wired' and wireless telecommunication services in
the United States; and
WHEREAS, a concomitant effect of increased competition, in the market for
wireless telecommunications services is an increased demand for antenna sites on
Towers and other Antenna Support Structures necessary for providing wireless service
via existing and new technologies; and
WHEREAS, the Telecommunications Act of 1996 preserves the authority of the
City to regulate the placement, construction, and modification of Towers, Antenna
Support Structures, and Telecommunications Facilities, as hereinafter defined, in order
to protect the hlsalth, safety, and welfare of the public.
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF LA PORTE, TEXAS:
SECTION 1. The City Council of the City of La Porte hereby finds, determines and
declares that heretofore, to-Wit, on the 19th day of February, 1998, at 6:00 p.m., a public
hearing was he~d before the Planning and Zoning Commission of the City of La Porte,
ORDINANCE "'0.1501-.1
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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. SubsequenJ to such public meeting, the City of La Porte Planning and
Zoning Commission met in regular session on February 19, 1998, at 6:00 p.m. to
consider the Ordinan~e amendments which were the subject of such public hearing. The
City Council of the City o~ La Porte is in receipt of the written recommendations of the City
of La Porte Planning & Zoning Commission, by letter dated February 26, 1998, a true
copy of which letter is attached hereto as Exhibit "B," and incorporated by reference
herein, and made part hereof for all purposes.
SECTION 3. The City Council of the City of La Porte hereby finds, determines and
declares that on the 231d day of March, 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. Based on the recommendation of the Planning and Zoning Commission
and its own study, review, and discussion, the City Council makes the following
findings:
(a) The Communications Act of 1934 as amended by the
TE:!lecommunications Act of 1996 ("the Act") grants the Federal
Communications Commission (FCC) exclusive jurisdiction over:
ORDINANCE NO. 1501-J
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(1) The regulation of the environmental effects of radio frequency (RF)
emissions from Telecommunications Facilities; and
(2) The regulation of radio signal interference among users of the RF
spectrum.
(b) Telecommunications towers, antennas and support structures located too
dosely to residential uses have been shown to cause a reduction in
property values of the residential properties and may adversely affect the
stability of neighborhoods; and
(c) . The City's regulation of Towers and Telecommunications Facilities in the
City will not have the effect of prohibiting any Person from providing
wireless' telecommunications services in violation of the Act.
The City Council of the CitY of La Porte further finds, determines and '
declares that all prerequisites of law have been satisfied, and hereby determines and
declares that the amendments to Chapter 106 of the Code of Ordinances of the City of La
Porte by adding new Article VIII, Telecommunication Towers and Facilities, Sections 106-
890 through 106-907, and the amendment of Article III. Districts, Division 4 Industrial
District Regulcltions, Sec. 106-521, Table A, Industrial Uses are desirable and in
furtherance of the goals and objectives stated in the City of La Porte's comprehensive
plan.
SECTION 5. Chapter 106 of the Code of Ordinances of the City of La Porte is hereby
amended by adding a new Article VIII. "Telecommunications Towers and Facilities,"
Sections 106-'890 through 106-907, and by amending Article III. Districts, Division 4
Industrial District Regulations, by adding the appropriate Industrial Uses codes to
Section 106-52'1, Table A, Industrial Uses; which shall read as follows:
ORDINANCE NO. 1501-J
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Sec. 106-890. Definitions.
Antenna Support Structure means any building or structure other than a Tower
which can be used for location of Telecommunications Facilities.
Applicant means any Person that applies for a Tower development permit.
AppliccJtion means the process by which the Owner of a parcel of land within the
City submits a request tq develop, construct, build, modify, or erect a Tower upon such
parcel of land. Application includes all written documentation, verbal statements, and
representations, in whatever form or forum, made by an Applicant to the City
concerning such a request.
Engine1er means any engineer licensed by the State of Texas.
Owner means any Person with fee title or a long-term (exceeding ten (10) years)'
leasehold to any parcel of land within the City who desires to develop, or construct,
build, modify, or erect a Tower upon such parcel of land.
Person is any natural person, firm, partnership, association, corporation,
company, or other legal entity, private or public, whether for profit or not for profit.
Site Plan Review Committee means a committee composed of staff members of
the City, responsible for reviewing and recommending plans submitted pursuant to this
Article, including individuals designated by the Director of Planning (usually being the
Chief Building Official and the City Engineer), the Fire Marshal, and the Director of
Public Works. The Building Official is responsible for chairing meetings of the Site Plan
Review Committee, and making reports of the results of said meetings. Duly
designated representatives of the members of the Site Plan Review Committee may
serve in the stead of the aforementioned members of the Committee.
Stealth means any Tower or Telecommunications Facility which is designed to
enhance compatibility with adjacent land uses, including, but not limited to,
architecturally screened roof-mounted antennas, antennas integrated into architectural
elements, and Towers designed to look other than like a Tower such as light poles,
power poles, and trees. The term Stealth does not necessarily exclude the use of
uncamouflaged lattice, guyed, or monopole Tower designs.
Telecommunications Facilities means any cables, wires, lines, wave guides,
antennas, and any other equipment or facilities associated with the transmission or
reception of communications which a Person seeks to locate or has installed upon or
near a Tower or Antenna Support Structure. However, Telecommunications Facilities
shall not includE~:
(1) Any satellite earth station antenna two (2) meters in di~meter or
less which is located in an area zoned industrial or-commercial; or
ORDINANCE NO. 1501-.
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(2) Any satellite earth station antenna one (1) meter or less in
diameter, regardless of zoning category.
Tower means a self-supporting lattice, guyed, or monopole structure constructed
from grade which supports Telecommunications Facilities. The term Tower shall not
include amateur radio operators' equipment, as licensed by the FCC.
Sec. 1 06-891. Purpose~
The general purpose of this Article is to regulate the placement, construction,
and modification of Towers, Antennas, Support Structures and Telecommunications
Facilities in order to protect the health, safety, and welfare of the public, while at the
same time not unreasonably interfering with the development of the competitive
wireless telecommunications marketplace in the City.
Specific:ally, the purposes of this Article are:
(a)
the City;
To regulate the location of Towers and Telecommunications Facilities in
(b) To protect residential areas and land uses from potential adverse impact
of Towers and Telecommunications Facilities;
(c) To minimize adverse visual impact of Towers and Telecommunications
Facilities throLlgh careful design, siting, landscaping, and innovative camouflaging
techniques;
(d) To promote and encourage shared use/collocation of Towers and
Antenna Support Structures as a primary option rather than construction of additional
single-use Towers;
(e) To promote and encourage utilization of technological designs that will
either eliminate or reduce the need for erection of new Tower structures to support
antenna and Te!lecommunications Facilities;
(f) To avoid potential damage to property caused by Towers and
Telecommunications Facilities by ensuring such structures are soundly and carefully
designed, constructed, modified, maintained, and removed when no longer used or are
determined to be structurally unsound; and
(g) To ensure that Towers and Telecommunications Facilities are compatible
with surrounding land uses.
ORDINANCE NO. 1501-.
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Sec. 106-89~!. Development of Towers.
(a) A Tower shall be a permitted use of land in zoning districts H-1. No person
shall build, erect, or construct a Tower upon any parcel of land within a zoning district
designated H-I unless a development permit shall have been issued by the Site Plan
Review Committee of the City. Application shall be made to the Site Plan Review
Committee in the manner provided in this chapter.
,
(b) A Tower shall be a conditional use of land in zoning districts B-1 and L-1.
No person shall build, erect, or construct a Tower upon any parcel of land 'within any
toning district set forth above unless a development permit shall have been issued by
the Site Plan Review Committee of the City and approval of the City Planning and
Zoning Commission is obtained.
(c) Towers are exempt from the maximum height restrictions of the districts'
where located" Towers shall be permitted to a height of one hundred and fifty (150) feet.
Towers may be permitted in excess of one hundred and fifty (150) feet in accordance
with Section 106-906 "Criteria for Site Plan Development Modifications."
(d) 1\10 new Tower shall be built, constructed, or erected in the City unless the
Tower is capable of supporting another Person's operating Telecommunications
Facilities comparable in weight, size, arid surface area to the Telecommunications
Facilities instaHed by the Applicant on the Tower within six (6) months of the completion
of the Tower construction.
(e) An Application to develop a Tower shall include:
(1) The name, address, and telephone number of the Owner and
lessee of the parcel of land upon which the Tower is situated. If the
Applicant is not the Owner of the parcel of land upon which the
Tower is situated, the written consent of the Owner shall be
evidenced in the Application.
(2) The legal description, folio number, and address of the parcel of
land upon which the Tower is situated.
(3) The names, addresses, and telephone numbers of all owners of
other Towers or usable Antenna Support Structures within a
one-half (1/2) mile radius of the proposed new Tower site, including
City-owned property.
(4)' A description of the design plan proposed by the Applicant in the
City. Applicant must identify its utilization of the most recent
technological design, including microcell design, as part of the
design plan. The Applicant must demonstrate the need for Towers
ORDINANCE NO. 1501-'"
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and why design alternatives, such as the use of microcell, cannot
be utilized to accomplish the provision of the Applicant's
telecommunications services.
(5) An affidavit attesting to the fact that the Applicant made diligent,
but unsuccessful, efforts to obtain permission to install or collocate
the Applicant's Telecommunications Facilities on City-owned
Towers or usable Antenna Support Structures located within a
one-~alf (1/2) mile radius of the proposed Tower site.
(6) An affidavit attesting to the fact that the Applicant made diligent,
but unsuccessful, efforts to install or collocate the Applicant's
Telecommunications Facilities on Towers or usable Antenna
Support Structures owned by other Persons located within a
one-half (1/2) mile radius of the proposed Tower site.
(7) Written technical evidence from an Engineer(s) that the proposed'
Tower or Telecommunications Facilities cannot be installed or
collocated on another person's Tower or usable Antenna Support
Structures owned by other Persons located within one-half (1/2)
mile radius of the proposed Tower site.
(8) A written statement from an Engineer(s) that the construction and
placement of the Tower will not interfere with public safety
communications and the usual and customary transmission or
reception of radio, television, or other communications services
enjoyed by adjacent residential and non-residential properties.
(9) Written, technical evidence from an Engineer(s) that the proposed
structure meets the standards set forth in Section 106-894,
"Structural Requirements," of this Article.
(10) Written, technical evidence from a qualified Engineer(s) acceptable
to the Fire Marshall and the building official that the proposed site
of the Tower or Telecommunications Facilities does not pose a risk
of explosion, fire, or other danger to life or property due to its
proximity to volatile, flammable, explosive, or hazardous materials
such as LP gas, propane, gasoline, natural gas, or corrosive or
other dangerous chemicals.
(11) In order to assist City staff and the Planning and Zoning
Commission in evaluating visual impact, the Applicant shall submit
color photo simulations showing the proposed site of the Tower
with a photo-realistic representation of the proposed Tower as it
would appear viewed from the closest residential property and from
adjacent roadways.
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(12) The Act gives the FCC sole jurisdiction of the field of regulation of
RF emissions and does not allow the City to condition or deny on
the basis of RF impacts the approval of any Telecommunications
Facilities (whether mounted on Towers or Antenna Support
Structures) which meet FCC standards. In order to provide
information to its citizens, the City shall make available upon
request copies of ongoing FCC information and RF emission
standards for Telecommunications Facilities transmitting from
TowE}rs or Antenna Support Structures. Applicants shall be
required to submit information on the proposed power density of
their proposed Telecommunications Facilities and demonstrate how
this meets FCC standards.
(f) The Site Plan Review Committee may require an Applicant to supplement
any information that the committee considers inadequate or that the Applicant has
failed to supply. The committee may deny an Application on the basis that the Applicant.
has not satisfalctorily supplied the information required in this subsection. Applications
shall be reviewed by the City in a prompt manner and all decisions shall be supported in
writing setting forth the reasons for approval or denial.
Sec. 106-893. Setbacks.
(a) All Towers up to one-hundred (100) feet in height shall be set back on all
sides a distanc:e equal to the underlying setback requirement in the applicable zoning
district. Towers in excess of one hundred (100) feet in height shall be set back one (1)
additional foot per each foot of Tower height in excess of one hundred (100) feet.
(b) Sl3tback requirements for Towers shall be measured from the base of the
Tower to the property line of the parcel of land on which it is located.
(c) Setback requirements may be modified, as provided in Section 106-
906(b)(1), when placement of a Tower in a location which will reduce the visual impact
can be accomplished. For example, adjacent to trees which may visually hide the
Tower.
Sec. 106-894. Structural Requirements.
All Towers must be designed and certified by an Engineer to be structurally
sound and, at minimum, in conformance with the Building Code, and any other
standards outlined in this Article. All Towers in operation shall be fixed to land.
Sec. 1 06-895. ~)eparation or Buffer Requirements.
For the purpose of this Section, the separation distances between Towers shall
be measured by drawing or following a straight line between the base of the existing or
approved structure and the proposed base, pursuant to a site plan 'of the proposed
ORDINANCE NO. 1501-__
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Tower. Tower separation distances from residentially zoned lands shall be measured
from the bas.e of a Tower to the closest point of residentially zoned property. The
minimum Tower separation distances from residentially zoned land and from other
Towers shall be calculated and applied irrespective of City jurisdictional boundaries.
(a) Towers shall be separated from all residentially zoned lands by a
minimum of two hundred (200) feet or two hundred (200) percent of the height of the
proposed Tower, whichever is greater.
.,
(b) Proposed Towers must meet the following minimum separation
requirements from existing Towers or Towers which have a development permit but are
not yet constmcted at the time a development permit is granted pursuant to this Code:
(1) Monopole Tower structures shall be separated from all other
Towers, whether monopole, self-supporting lattice, or guyed, by a
minimum of seven hundred and fifty (750) feet.
(.2) Self-supporting lattice or guyed Tower structures shall be
separated from all other self-supporting or guyed Towers by a
minimum of fifteen hundred (1,500) feet.
(3) Self-supporting lattice or guyed Tower structures shall be
separated from all monopole Towers by a minin:lUm of seven
hundred and fifty (750) feet.
Sec. 106-896. Method of Determining Tower Height.
MeasurE~ment of Tower height for the purpose of determining compliance with all
requirements of this Section shall include the Tower structure itself, the base pad, and
any other TelE~communications Facilities attached thereto which extend more than
twenty (20) fe,et over the top of the Tower structure itself. Tower height shall be
measured from grade.
Sec. 106-897. Illumination.
Towers shall not be artificially lighted except as required by the Federal Aviation
Administration (FAA). Upon commencement of construction of a Tower, in cases where
there are residential uses located within a distance which is three hundred (300)
percent of the height of the Tower from the Tower and when required by federal law,
dual mode lighting shall be requested from the FAA.
Sec. 106-898. Exterior Finish.
Towers not requiring FAA painting or marking shall have an exterior finish which
enhances compatibility with adjacent land uses, as approved by the Site Plan Review
Committee.
ORDINANCE NO. 1501--..a
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Sec. 106-899. Landscaping.
All landscaping on a parcel of land containing Towers, Antenna Support
Structures, or Telecommunications Facilities shall be in accordance with the applicable
landscaping requirements in the zoning district where the Tower, Antenna Support
Structure, or Telecommunications Facilities are located. The City may require
landscaping in excess of the requirements in the City Code in order to enhance
compatibility with adjace~t land uses. Landscaping shall be installed and maintained on
the outside of any fencing.
Sec. 106-900. Access.
A parcs,1 of land upon which a Tower is located must provide access to at least
one (1) paved vehicular parking space on site.
Sec. 106-901. Stealth Design.
All Towers which must be approved as a conditional use shall be of Stealth
design.
Sec. 106-902. 'Telecommunications Faci,/ities on Antenna Support Structures.
Any Teh~communications Facilities which are not attached to a Tower may be
permitted on any Antenna Support Structure at least fifty (50) feet tall, regardless of the
zoning restrictions applicable to the zoning district where the structure is located.
Telecommunications Facilities are prohibited on all other structures. The owner of such
structure shall, by written certification to the zoning administrator, establish the following
at the time plans are submitted for a building permit:
(a) That the height from grade of the Telecommunications Facilities shall not
exceed the height from grade of the Antenna Support Structure by more than twenty
(20) feet;
(b) That any Telecommunications Facilities and their appurtenances, located
above the 'primc:lry roof of an Antenna Support Structure, are set back one (1) foot from
the edge of the primary roof for each one (1) foot in height above the primary roof of the
Telecommunications Facilities. This setback requirement shall not apply to
Telecommunications Facilities and their appurtenances, located above the primary roof
of an Antenna Support Structure, if such facilities are appropriately screened from view
through the use of panels, walls, fences, or other screening techniques approved by the
City. Setback rs!quirements shall not apply to Stealth antennas which are mounted to
the exterior of Antenna Support Structures below the 'primary . roof, but which do not
protrude more than eighteen (18) inches from the side of such an Antenna Support
Structure.
ORDINANCE NO. 1501-~
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Sec. 106-903. Modification of Towers.
(a) A Tower existing prior to the effective date of this Article, which was in
compliance with the City's zoning regulations immediately prior to the effective date of
this Article, may continue in existence as a non-conforming structure. Such non-
conforming structures may be modified or demolished and rebuilt without complying
with any of the additional requirements of this Section, except for Sections 106-895,
"Separation or Buffer Requirements," 106-904, "Certification and Inspections, " and
106-905, "Maintenance, " provided:
~
(1) The Tower is being modified or demolished and rebuilt for the sole
purpose of accommodating, within six (6) months of the completion
of the modification or rebuild, additional Telecommunications
Pacilities comparable in weight, size, and surface area to the
discrete operating Telecommunications Facilities of any Person
currently installed on the Tower.
(2) An Application for a development permit is made to the Site Plan
Review Committee which shall have the authority to issue a
development permit without further approval. The grant of a
development permit pursuant to this Section allowing the
modification or demolition and rebuild of an existing non-
conforming Tower shall not be considered a determination that the
modified or demolished and rebuilt Tower is conforming.
(3) The height of the modified or rebuilt Tower and
Telecommunications Facilities attached thereto do not exceed the
maximum height allowed under this Article.
(b) Except as provided in this Section, a non-conforming structure or use may
not be enlarged, increased in size, or discontinued in use for a period of more than one
hundred eighty (180) days. This Article shall not be interpreted to legalize any structure
or use existing at the time this Article is adopted which structure or use is in violation of
the Code prior to enactment of this Article.
Sec. 106-904. Certifications and Inspections.
(a) All Towers shall be certified by an Engineer to be structurally sound and in
conformance with the requirements of the Building 'Code and all other construction
standards set forth by the City's Code and federal and state law. For new monopole
Towers, such certification shall be submitted with an Application pursuant to Section
106-892 of this Article and every five (5) years thereafter. For existing monopole
Towers, certification shall be submitted within sixty (60) days of the effective date of this
Article and then every five (5) years thereafter. For new lattice or guyed Towers, such
certification shall be submitted with an Application pursuant to Section 106-892 of this
Article and every two (2) years thereafter. For existing lattice or guyed Towers,
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certification shall be submitted within sixty (60) days of the effective date of this Article
and then every two (2) years thereafter. The Tower owner may be required by the City
to submit more frequent certifications should there be reason to believe that the
structural and electrical integrity of the Tower is jeopardized.
(b) The City or its agents shall have authority to enter onto the property upon
which a Tower is located, between the inspections and certifications required above, to
inspect the Tower for the purpose of determining whether it complies with the Building
Code and all other construction standards provided by the City Code and federal and
state law.
(c) The City reserves the right to conduct such inspections at any time, upon
reasonable notice to the Tower owner. All expenses related to such inspections by the
City shall be borne by the Tower owner.
Sec. 106-905. Maintenance.
(a) Tower owners shall at all times employ ordinary and reasonable care and'
shall install and maintain in use nothing less than commonly accepted methods and
devices for preventing failures and accidents which are likely to cause damage, injuries,
or nuisances to the public.
(b) Tower owners shall install and maintain Towers, Telecommunications
Facilities, wires, cables, fixtures, and other equipment in substantial compliance with
the requirements of the National Electric Safety Code and all FCC, state, and local
regulations, and in such manner that will not interfere with the use of other property.
(c) All Towers, Telecommunications Facilities, and Antenna Support
Structures shall at all times be kept and maintained in good condition, order, and repair
so that the same shall not menace or endanger the life or property of any Person.
(d) Alii maintenance or construction of Towers, Telecommunications Facilities,
or Antenna Support Structures shall be performed by licensed maintenance and
construction personnel.
(e) All Towers shall maintain compliance with current RF emission standards
of the FCC.
(f) In the event that the use of a Tower is discontinued by the Tower owner,
the Tower owne!r shall provide written notice to the City of its intent to discontinue use
and the date when the use shall be discontinued.
Sec. 106-906. Criteria for Site Plan Development Modifications.
(a) Notwithstanding the Tower requirements provided in this Article, a
modification to the requirements may be approved by the Planning and Zoning
Commission as a conditional use in accordance with the following:
ORDINANCE NO. 1501-J
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(1) In addition to the requirement for a Tower Application, the
Application for modification shall include the following:
(i) A description of how the plan addresses any adverse impact
that might occur as a result of approving the modification.
(ii) A description of off-site or on-site factors which mitigate any
adverse impacts which' might occur as a result of the
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modification.
(iii) A technical study that documents and supports the criteria
submitted by the Applicant upon whi~h the request for
modification is based. The technical study shall be certified
by an Engineer and shall document the existence of the
facts related to the proposed modifications and . its
relationship to surrounding rights-of-way and properties.
(iv) For a modification of the setback requirement, the
Application shall identify all parcels of land where the
proposed Tower could be located, attempts by the Applicant
to contract and negotiate an agreement for collocation, and
the result of such attempts.
(v) The Site Plan Review Committee may require the
Application to be reviewed by an independent Engineer
under contract to the City to determine whether the antenna
study supports the basis for the modification requested. The
cost of review by the City Engineer shall be reimbursed to
the City by the Applicant
(2) The Planning and Zoning Commission shall consider the
Application for modification based on the following criteria:
(i) That the Tower as modified will be compatible with and not
adversely impact the character and integrity of surrounding
properties.
(ii) Off-site or on-site conditions exist which mitigate the adverse
impacts, if any, created by the modification.
(Hi) In addition, the Commission may include conditions on the
site where the Tower is to be located if such conditions are
necessary to preserve the character and inteogrity of the
neighborhoods affected by the proposed Tower and mitigate
any adverse impacts which arise in connection with the
approval of the modification.
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(b) In addition to the requirements of subparagraph (a) of this Section,
in the following cases, the Applicant must also demonstrate, with
written evidence, the following:
(1) In the case of a requested modification to the setback
requirement, Section 106-893, that the setback requirement
cannot be met on the parcel of land upon which the Tower is
~ proposed to be located and the alternative for the Person is
to locate the Tower at another site which is closer in
proximity to a residentially zoned land.
(2) In the case of a request for modification to the separation
and buffer requirements from other Towers of Section 106-
895, "Separation or Buffer Requirements," that the proposed
site is zoned "Industrial" or "Heavy Industrial" and the'
proposed site is at least double the minimum standard for
separation from residentially zoned lands as provided for in
Section 106-895.
(3) In the case of a request for modification of the separation
and buffer requirements from residentially zoned land of
Section 106-895, if the Person provides written technical
evidence from an Engineer(s) that the proposed Tower and
Telecommunications Facilities must be located at the
proposed site in order to meet the coverage requirements of
the Applicant's wireless communications system and if the
Person is willing to create approved landscaping and other
buffers to screen the Tower from being visible to residentially
zoned property.
(4) In the case of a request for modification of the height limit for
Towers and Telecommunications Facilities or to the
minimum height requirements for Antenna Support
Structures, that the modification is necessary to: (i) facilitate
collocation of Telecommunications Facilities in order to avoid
construction of a new Tower; or (ii) to meet the coverage
requirements of the Applicant's wireless communications
system, which requirements must be documented with
written, technical evidence from an Engineer(s) that
demonstrates that the height of the proposed Tower is the
minimum height required to function satisfactorily, and no
Tower that is taller than such minimum height shall be
approved.
ORDINANCE NO. 1501-~
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Sec. 106-907.. Abandonment.
(a) If any Tower shall cease to be used for a period of 365 consecutive days,
the City shall notify the Owner, with a copy to the Applicant, that the site will be subject
to a determination by the City that such site has been abandoned. The Owner shall
have thirty (30) days from receipt of said notice to show, by a preponderance of the
evidence, that the Tower has been in use or under repair during the period. If the
Owner fails to show that the Tower has been in use or under repair during the period,
the City shall issue a finC!1 determination of abandonment for the site. Upon issuance of
the final determination of abandonment, the Owner shall, within seventy-five (75) days,
dismantle and remove the Tower.
(b) To secure the obligation set forth in this Section, the Applicant [and/or
Owner] shall post a .bond in an amount sufficient to secure the anticipated cost of
removal of the abandoned Tower, as determined by the City. '
SECTION 6. Chapter 106 of the Code of Ordinances of the City of La Porte is hereby
amended by adding new 81, LI and HI use classification codes to Article III. Districts,
Division 4 Industrial District Regulations, Section 106-521, Table A, Industrial Uses,
which shall read as follows:
Sec. 106-521. 'Table A, industrial uses.
(a) Table A, industrial uses.
Uses (SIC) Cocfe #)
BI
Zones
LI
HI
Telecommuniccltions towers and facilities
(Subject to requirements of Sections 106-890
through 106-907, inclusive)
C
c
P
SECTION 7. Severability.
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
ORDINANCE NO. 1501-J
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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 8. Conflicts (ReDeal of Ordinances).
That ci:ll ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 9. ODen Meetings Act
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 10. Effective Date
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.
ORDINANCE NO. 1501-A
Page 17
e
PASSE.D AND APPROVED on thi~3JtI day of ~dA c/..;
~
CITY OF LA PORTE
~~~~,A-
N rman L. Maione, Mayor -
ATTEST:
--1fJ1auJ Iv tf/;jjdl,
Martha Gillett, City Secretary
.,:. '.
.. .......~
,1998.
.,,"'.. _.~
e
.
La Porte, Texas 71571
(713) 471-1234 '
1200 Hwy. 146
Suite 180
P.O, BOlt 1414
TheB
County of Harris
State of Texas
~
Before me, the undersigned authority, on this date carne and appeared
John Black, 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 Febromy 01. 1998 ~
~~
John Black
Publisher/Editor
SWorn and subscribed before me this 10 day of /n~ A.D. 1911 .
PuBuCNOIlcest.~", ~.' ;,,'\ .,._..lM':_',~.regular, !,:,~~~ng..ol,.... ~ j ~o---
' ." ' . c, '. , ~8itd~~"tlbY
, .',NOTICEOF.~HEARING.,~....._b8arin9i~-fi8~ot~: Notary Public
,.,t,::',' ..... '.; ", r;' . ..'.~' UponthepUblich8aringit8mSandtocxriU:t' Harr' Co t T
, ,:.', " I~ "a~i:o.rd~e:~ :'~,ith ,th~ other, :matters pertainirig"~~, to 'the.,j 1S un y, exas
provlslonsqttf:l8 Code~fO!'linances, CIty ,Commission:, ::i . "; ;~~; :.,~,~y.~' '\
ofLaPorte,Texas,Chapterl06,noUceIs .C,::' ~.,l ;; ",~,;'1:" 'I
..........; gIYei'i ih81!he ta ~ ~ing ~' I' ~': \ :i~'~ Citizens wishing to, ~d~~ the .~
'i'-~ CommiSSIon .WII1 cOnduct a-~' . "comnil~tOn pro "or con.' during' the: P.l.tilc .
H'::9 al6:OO;~:M~~00;~e'1~'~ ,Ot,~; ~9'~~ob~'j.gqUir8(n~:$Igr,'lnbef0r6 "
~;1~i!l,~li,~ ~:1 - ~ meeting Is convened.
of, the~" H~I.::J~ _We~, f!lIn1'IOI1l., ' ,,1' .' . \ .
'Potte.:,~~.~~ pu~jlf\. ,~ CITY OF LA PORTE
this \$, '~nSl..t4i:~...;' I . :
'or' ':CciiQi'~,~ ' Martha GDlett
of La ' ,..., ,;'. , ," ,'.~...... , "',. I :, , ,City SecretarY
1l "'.,..' J,., -: ~ ~~~'l" " --
Ti . "'rat u ':.t:Q" ti" :,,'Qs' i'"
. ," i.i' 'I' 'Hot L">o-. ~~,..,
, ' U ..' i 8ridtt1..~~,4
'~8F'eJ'Pro iblting the,m,'in a11~'.1
.......... d8Irlcts; by 8l:klIng new~1CJ8. j, '
9Oi~enc;f"d1i~ 106-
521. TableiA,:.ot~, ~"lC8.":" i
~._._.' ..: _..~/~.." A.t...... ~
'EXHfBIT A
__i"'" .. ,-fi..
e
e
La Porte, Texas 77S71
(713) 471-1234
1200 Hwy. 146
Suite 180
P.O. Box 1414
TheB
County of Harris
State of Texas
,
Before me, the undersigned authority, on this date came and appeared
John Black, duly authorized agent of The Bayshore Sun, a sani-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 r~ch 08, 1998
~
JOM Black
PublisherjEditor
q -:-J!
~rn and subscribed before me this _!-1
day of ::rn~ A.D. 19'7 J? .
Non~E 9f, PU~C HEARING : , 'I
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 City CouncIl
, will conduct a Public Hearing at 6:00 p.m.
on the 231'd day of March, 1998, in the
COI.ni O1ambers of the CIty Hall, 604 West
Falrmont 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, to alloW'
Telecommunications Towers, Antenna,
Support . " 0 Structures,'. and
Tele ' U 'cations Facilitie~ as a j .
pe I 'bls se In H-i Districts, as
a Use il'! -I d L-I Zoning .
DIs Ii P . itlng em In all other
. Sections 106- '
890 thro h' 1 ,-907 Inclusive; and. j
106-521,Tatlle A of said
~ ",;.~ :'.~--:_ - c'.', ,j, ~..'~
A regular rrieetlng of the City .
Coui1ciI win follow the Pubtic 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
wD1 be required to sign in before the meeting
Is convened.
~r--' J, ~rn ~~.~'-
. U
Notary Public
Harris County, Texas
CITY OF LA PORTE
Marth8 Gillett
. CIty Secretary .
~rBIT C
't,
, e e,
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e
REQUEST FOR CITY COUNCIL AGENDA ITEM
Requested By: ";Ste hen L. Barr
Department: Parks & Recreation
Agenda Date Requested: March 23
xx
Report
Resolution
Ordinance
Exhibits:
1.
2.
3.
Diagram of Alternative Sitings for Dolphin Pilings
Request Letter from the Galveston Bay Foundation
Letter from Clean Channel Association
SUMMARY & RECOMMENDATION
The Galveston Bay Foundation has proposed placing two Dolphin Pilings adjacent to the
Sylvan Beach Fishing Pier in order to allow a barge to dock alongside the t-head for their Bay
Day program. In the past, they have been able to use a spud barge to tie off the boats that are
used as a part of the Bay Day celebration. Because of the tremendous upswing in barge traffic
in the bay area, Spud barges are in great demand. The installation of dolphin pilings will
eliminate the need for a spud barge for future uses involving large boats or barges, including
any mooring uSes that the City or County may contemplate in the future. The installation would
be handled through the Texas Waterway Operator"s Association, which would take care of
any necessary permitting through the General land Office and the U.S. Army Corps of
Engineers and wCluld require no expenditure on the part of the City of La Porte. They are
requesting permission to drive 40' marine treated piles, three in each piling, approximately 10-12
feet from each outer end of the t-head. The three piles would be lashed together with stainless
steel cable for strength and endurance. We have contacted the TWOA regarding an alternate
siting plan for the pilings and they are reviewing the proposed change for its utility.
Staff Recommendation:
From the City/County standpoint, the installation will do two things: a) it will offer an added layer
of protection from damage to the pier during Bay Day and other events where barges may be
adjacent to the pier (possibly a future fireworks barge), and b) it offers increased utility for the
pier as far as potential docking sites for future programs as may be envisioned, at little or no
cost to the City. If Council agrees, we will approve the secondary site for installation of the
dolphin pilings at the Sylvan Beach Fishing Pier.
Action Required by Council:
No action required, proposal submitted for council edification and direction.
WaterlWastewater
_ General Revenue Sharing
Funds Available: N/A YES NO
Cctuncil Aaenda
o:fa/17
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5 February 1998
Mr. Stephen Barr
city of La Porte
P.O. Box 1115
La Porte, TX 77572
Dear Mr. Barr:
I am writing on behalf of the Bay Day Steering Committee and
the Galveston Bay Foundation to express our strong support for
the addition of two mooring dolphins at the end of the pier at
Sylvan Beach Park.
.
As you know, the pier has made a tremendous difference in the
educational value of the Bay Day Festival by making possible the
youth fishing derby.
The pier could also provide additional educational and
recreational opportunities if there were a way for a barge to tie
up to it, safely and without risking damage to the pier. A barge
could then provide access to other vessels, for viewing or for
boat rides. It would also allow for better scheduling of Bay Day
activities. The dolphins, could be used at other times of the
year for other city activities requiring a boat mooring site.
We hope the City of La Porte will support the generosity of
those who are working for this valuable amenity to the pier at
Sylvan Beach Park.
Thank you for your consideration.
Very truly yours,
Linda R. Shead
Executive Director
.24-A Highway 3
ster. Texas
11<>98
281-332.3381
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3- 6-98; 12: 14PM;CLEAN CHANNEL ASSOC.
~ ~ ~
;7136762571
# 1/ 1
~
as[I
CLEAN CHANNEL ASSOCIATION
MEMORANDUM
TO:
STEVE BARR
(281) 470-1361 (PAX)
FROM: ED ROE
DATE: MARCH 6, 1998
SUBJECf: MOORING DOLPHINS
I received your March 4 fax showing the potential alternate location of mooring dolphins on the
north side of the pier. I showed it to David Johnson as he has the knowledge of towboatlbarge
handling. They will take a look at the area by boat next week and field check the approach for
depth, obstruction, etc. If the approach is good, it may be acceptable.
Initial thoughts 0:0 the alternate location are:
Less pJ'ote,ction to the pier
The NE odentatlon of the pier allows a rake barge to ridge easler at the end
For fmwo'rks the alternate location puts the shoreline back inside the safety area
We will let you know the results of the field check as soon as we can.
~
Ed
- . .
Copy to:
Ms. Ellyn Roof
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REOUEI FOR CITY COUNCIL AGENDA riM
Agenda Date Requested: ~Z8
Requested By: S. Gillett ~ Department: Public Works
_ Report XXX- Resolution _ Ordinance
Exhibits: Resolution No. 98-02
Texas Phase n Storm Water Cities Participation Agreement
SUMMARY & RECOMMENDA nON
For several years, cities with a population greater than 100,000 have been required to permit and regulate storm
water (phase I Storm Water Program). The EP A is close to finalizing requirements for cities under 100,000 to
implement storm watelr permitting and regulation (phase II Storm Water Program). The EP A is taking comments
on the proposed rule, issued January 9, 1998, and will issue a Notice of Final Rulemaking on March 1, 1999.
On February 6, 1998" 55 cities in Texas met to form a coalition to address the Program and its impact on
Texas cities. A steering committee was formed, and the law firm of Matthews & Freeland, L.L.P. was
retained to perform legal and regulatory services on behalf of the group at the direction of the steering
committee. All Texas cities have been invited to join, at a cost not to exceed ten cents ($0.10) per capita.
The cost for the City of La Porte to participate is approximately $3,200.00.
Action Required by Council: Approve Resolution No. 98-02 authorizing the City Manager to execute and return
the Participation Agreement on behalf of the City of La Porte and to contribute an amount not to exceed ten cents
($0.10) per capita, to assist in addressing the issues and concerns raised by EPA's Phase II Storm Water Program.
Availability of Funds:
,I
xx General Fund Water/VVastewater
_ Capital Improvernent_ General Revenue Sharing
Other
Account Number:
Funds Available: XX YES
NO
Council A2enda
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TEXAS PHASE II STORM WATER CITIES
P ARTICIP ATION AGREEMENT
The City listed below agrees to participate in ajoint effort of Texas cities to address legal and
regulatory issues relating to the Environmental Protection Agency's Phase II Storm Water Program.
This joint effort will be led by a Steering Committee made up of representatives of some of the
participating cities. The City authorizes the law firm of Mathews & Freeland, L.L.P. to perform
legal and regulatory services on behalf of the group at the direction of the Steering Committee. The
City's contribution to this joint effort will be determined by the Steering Committee, but this
contribution will not exceed ten cents (10~) per capita.
Q~ -f. H.~
Signature of Authorized Representative
M::lrr-h ", lqqR
Date
Robert T. Herrera, City Manager
Printed Name - Title
CITY:
City of La Porte
CONTACT PERSONIPOSITION: steve Gille~t
Direcnor of Public Works
ADDRESS:
P.O. Box 1115
f.-a Porte. .1Texas 77571
PHONEIFAX/El\lAIL: ( 2 81 ) 471- 7 16 8
Return this form by mail or fax by February 20, 1998*, to the following address:
Mathews & Freeland, L.L.P.
P.O. Box 1.568
Austin, Texas 78768-1568
Fax: (512) 703-2785
* By returning this form before February 20, 1998, you will be able to receive a copy of a Briefing
Paper and Draft Comments, which will be circulated to Participating Cities prior to the scheduled
March 2, 1998, Stet~ring Committee meeting. However, failure to return this form by February 20,
1998, will not preclude your ability to subsequently join the group.
e
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CITY OF LA PORTE
PUBLIC WORKS
. DEPARTMENT
" ;' .
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e.. .. H ..... '.~.: .~/~..,::. :. ;-;. P' ~1,.;1
.""..':\
..,. -. _,..D ~O r/
~l____. ~
-U~.
To: Robert T. Herrera, City Manager ~ -
From: Steve Gillett, Director of Public Works ~
CC: John Joems, Assistant City Manager
.,
Date: 03/03/98
Re: EP A. Phase II Storm Water Program
For several years, cities with a population greater than 100,000 have been required
to permit ,and regulate storm water (Phase I Storm Water Program). The EPA is
close to finalizing requirements for cities under 100,000 to implement storm water
permitting land regulation (Phase II Storm Water Program) The EPA is taking
comments on the proposed rule, issued January 9. 1998, and will issue a Notice of
Final Rulemaking on March 1, 1999.
On February 6, 1998, 55 cities in Texas met to form a coalition to address the
Program and its impact on Texas cities. A steering committee was formed. and the
law firm of Matthews & Freeland, L.L.P. was retained to perform legal and regulatory
services on behalf of the group at the direction of the steering committee. All Texas
cities have been invited to join, at a cost not to exceed ten cents ($0.10) per capita.
The cost for the City of La Porte to participate is approximately $3,200.
I have attached the information provided by the group, including a sample resolution
and agreement, for your review. In light of the uncertain impact on the City of La
Porte, and nominal cost to participate, I recommend we further explore participation
in the group.
If I can answer any questions, please advise.
. Page 1
Jim Mathews
Joe Freeland
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MATHEWS & FREElAND, L.L.P.
ATTORNEYS AT LAW
P.O. Box 1568
Austin. Texas 78768-1568
(512) 404-7800
FAX: (512) 703-2785
Orville Burgess
Superintendent Streets
City of La Porte
P.O. Box 1115
La Porte, TX 77572-1115 .,
February 10, 1998
Re: EPA's Phase II Storm Water Program
Dear Mr. Burgess:
On February 6, 1998, representatives from approximately 55 Texas cities concerned about
EPA's phase II storm water program met in Austin to receive a briefmg on EPA's proposed phase
II storm water rules. These rules will determine which cities will be required to obtain NPDES
permits for their storm water discharges and establish the minimum requirements which those
permits must meet.
The Texas cities meeting in Austin on February 6, 1998 agreed that a coalition effort is
needed to address EP A's phase II storm water program. An initial steering committee was formed
to coordinate and oversee this effort. It was agreed that the initial steering committee would expand
its membership if necessary to ensure that the steering committee was appropriately balanced from
the standpoint of population and geography. The initial steering committee members are:
Cleburm:
Deer Park
Del Rio
Grapevine
Killeen
LaMarque
Longview
McAllen
Pharr
Plainview
Port Arthur
Seguin
Temple
Larry Barkman
Ron Crabtree
Bo Nettleton
Matt Singleton
Marcus Norris
Gary Rose
Larry Schenk
Javier Guerrero
Fred Sandoval
Jim Jeffers
Leslie McMahen
Joe Ramos
Jonathan Graham
. The partidpants stressed the importance of obtaining the broadest possible participation
among ~ected Texas citie~ in order to increase the likelihood for success in responding to EP A's"
phase II stonn water program at a reasonable cost. We were requested to advise you of this group's
formation an,d of the opportunity t~'participate. : . . .
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February 10, 1998
Page 2
Enclosed with this letter please find the following docwnents which may be helpful to you
in considering this opportunity for working with a coalition of Texas cities responding to EPA's
proposed phase II storm water program:
· agenda and handout from February 6, ,1998 organizational meeting;
· a list of cities affected by EP A's proposed phase II rule, identifying those attending
the organizational meeting;
· draft resolution for your use, if appropriate, in seeking council authorization;
· participation agreement.
The stf:ering committee was authorized to establish a per capita contribution level for all
cities that wish to participate in this group effort, with a contribution cap of 10 cents (I O~) per capita.
The exact amount of the contribution will be determined by the steering committee after it has an
opportunity to .assess the total nwnber of cities agreeing to participate.
EP A phase II rules are on a fast track. A public hearing is scheduled in Dallas on March 4,
1998. The deadline for written comments on EPA's proposal is April 9, 1998. We will mail a
briefing paper summarizing EP A's proposals and initial draft comments to all participants on
February 23, 1998. A meeting of the steering committee (and any other interested participants) will
be called for February 27, 1998, to provide input on the draft comments and to approve issues to be
raised at the public hearing in Dallas on March 4, 1998.
If your city wishes to participate in this group effort, please complete and return the attached
Participation Agreement. Returning the Participation Agreement to us by February 20, 1998 will
ensure that you receive the briefing paper summarizing EP A's proposal and initial draft comments
to be mailed on February 23, 1998, and allow you to have input prior to the public hearing on March
4, 1998.
If you have any questions concerning this group or its plans to address EP A's phase II
stormwater program, please feel free to call me or Joe Freeland at (512) 404-7800.
Sincerely,
0::~-
Jim Mathews
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Enclosures
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PHASE II NPDES STORM WATER PROGRAM
HIGHLIGHTS OF PROPOSED RULES
WHAT ACTIVITIES WILL BE COVERED UNDER THESE RULES THAT ARE NOT COVERED
UNDER THE EXISTING PERMIT PROGRAM?
MUNICIPAL SEPARATE STORM SEWER SYSTEMS (MS4S)
.. All cities, counties, and other governmental jurisdictions (universities, water districts, military
bases) in "Urbanized Areas" are required to obtain an Individual or a General Permit. (In very
limited cases, cities with a population of less than 1,000 can get a waiver).
· Cities not in an Urbanized Area but having a population equal to or greater th.an 10,000 and a
density of at l(~ast 1,000 persons per square mile will be evaluated to determine if they should
be required to obtain a permit. The determination will be made using a standardized set of
designa!ion criteria developed by EP A (or the TNRCC, upon delegation).' .
· Any MS4 that EP AffNRCC determines has an existing or potential significant water quality
impact will be required to obtain a permit. The public can petition EPA/1NRCC to require a
permit.
CONSTRUCTION - Projects in the following categories are required to be permitted:
· Projects that disturb one-to-five acres of vegetative cover. (There is a potential for waivers in
'some cases).
· Individual projects that disturb less than one acre, if they are part of a larger common plan of
development or sale.
· Projects that disturb less than one acre, if EPA/TNRCC determines there is a potential that
there will be a significant contribution of pollutants. This determination may be made in
response to a petition from the public.
INDUSTRIAL FACILITIES OWNED BY CITIES WITH POPULATIONS < 100.000) - These
facilities are currenitly exempt from permit reqt.:::-ements and include facilities such as wastewater
treatment plants, landfills, vehicle maintenance sites, and construction sites). This exemption will
expire August 7, 200 I.
A COMPLETE COpy OF THE PROPOSED REGULATIONS ARE IN THE JANUARY 9,1998,
FEDERAL REGISTER AND AT THE FOLLOWING INTERNET WEB SITE:
http://www.epa.gov/region06/6en/w/swlhottopp2.htm
H:IT mlllllMAF ClimlSl IS l7IHandcul PO,"1NI
215191
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MINIMUM REQUIREMENTS FOR PERMITTED MS4 SYSTEMS - Proposal lists six
minimum control measures.
I. PUBLIC EDUCATION AND OUTREACH - Cities must distribute educational materials to
the community or conduct equivalent outreach activities about the impacts of storm water
discharges on water bodies and the steps that can be taken to reduce storm water pollution.
2. PUBLIC INVOLVE1v1ENT AND P ARTICIP AnON - Cities must comply with state and local
public notice requiremeI)ts.
3. ELIMINATION OF ILLICIT CONNECTIONS
· Develop a Storm sewer system map
· Program to d~tect illicit discharges
· Prohibition of illicit discharges by an ordinance that provides enforcement capability
4. CONTROL OF CONSTRUCTION SITE RUNOFF
· Adoption and implementation of a local program to reduce pollutants in storm water
runoff from construction activities that disturb more than I acre.
· Implementation of structural and non-structural Best Management Practices (Bl\I1Ps)
· City review of site management plans
· Construction inspections and penalties for violations
5. POST-CONSTRUCTION CONTROLS ON NEW DEVELOPrvtENT AND
REDEVELOP1v1ENT
· Applies: to projects one acre and larger
· Encourages low-impervious-cover developments
· Includes assumption that detention basins/wet ponds will be constructed for
residential, commercial, and industrial projects
· Encourages BIvIPs that "attempt to maintain pre-development runoff conditions."
6. POLLUTION PREVENTION FOR MUNICIP At OPERATIONS
· Operation and Maintenance Plan fC)r MS4 and city facilities
· Employ(~e-training program
Cities would be al.lowed to choose, from a State/EP A compiled list, the best management
practices (BrvtPs) to be implemented for each of the minimum control measures. Ci~ies would
identify the measurable goals for each of the minimum control measures. In their compliance
reports, Cities would evaluate their progress towards achievement of their identified
measurable goals.
H:\Ten"I\M&F Cli....\1S 1 ?\Hand"". PG...-pd
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2/5/98
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SCHEDULE
RULE · Notice of Proposed Rulemaking - January 9, 1998
· Public Hearing on Proposed Rule (Dallas) - March 4, 1998
· Deadline for Commenting on Proposed Rulemaking - April 9, 1998
· Notice of Final Rulemaking - l'vlarch 1, 1999
APPLICATION.
· Industrial-Type Facilities Owned by Cities< 100,000 - August 7, 200 I
· Automatically Designated Small MS4s - May 31, 2002
· Potentially Designated Small MS4s (population> 10,0001Density > 1,000) - Within
60 days of notice
· Other Small MS4s, if designated - Within 180, days of notice
· Construction on Sites less than Five Acres - May 31, 2002
REPRESENTATIVE ISSUES OF CONCERN
· Nationwide automatic designation of Small MS4s without any direct link to known water
quality problems.
· Use of NPDES permit program rather than a state developed stonn water management
program.
· NPDES Delegation - (I) waiver of 10 th Amendment rights; (2) TNRCC's lack of authority
to issue general permits for MS4 discharges.
· Costs - EP A appears to be underestimating costs associated with MS4 pennits. EP A not
accounting for additional costs associated with low-density development for water and
wastewater service, street maintenance, drainage system maintenance, fire protection, and
police protection.
· Violates 10th Amendment because it compels local governments to use their governmental
powers to implement EPA's regulatory program.
· Cities could be liable for penn it violations if they fail to enforce EP A's construction site
regulatory program to EPA's satisfaction.
· Post-construction controls to "attempt to mimic'pre-development runoff conditions" could
violate the lOth ~Lll1endment, and may be difficult and costly to achieve.
· EP A has failed to adequately comply with the Unfunded Mandates Refonn Act of 1995 by
failing to adopt the most efficient and least burdensome alternative.
t1:\TcnanMI&F ClicnlSll517lHlndoUI PG.'"1"l
3
2/5191
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List of Affected Cities
X=Attended ,February 6, 1998, Meeting
Addison
Alamo
Alamo Heights X
Alice
Allen
Alvin
Andrews
Angleton
Azle
.
Balch Springs
Balcones Heights X
Bay City
Bayou Vista
Baytown X
Bedford
Beeville
Bellaire X
Bellmead
Belton
Benbrook
Beverly Hills
Big Spring
Blue Mound
Borger
Brenham
Brookside Village
Brownsville
Brownwood
Bryan X
Buckingham
Bunker Hill Village X
Burkbumen
Canyon
Carroll ton
Castle Hills
Cedar Hill
Cedar Park
Cibolo
Clear Lake Shores
Clebume X
Clint
Cockrell Hill
College Station X
Colleyville
Combes
Conroe X
Converse
Coppell
Copperas Cove X
Corinth X
Corsicana
Crowley
Dalwonhington Gardens
Deer Park X
Del Rio X
Denison X
Denton
DeSoto
Dickinson
Donna
Double Oak
Dumas
Duncanville
Eagle Pass
Edgecliff Village
Edinburg
El Lago
El Campo
Euless
Evennan
Farmers Branch
Flower Mound
Forest Hill
Friendswood X
Gainesville X
Galena Park X
Gatesville X
Georgetown
Grand Prairie X
Grapevine X
Groves
Haltom City
Haltom City
Harker Heil!hts X
e
Harlingen X
Hedwig Village
Henderson
Hereford
Hewitt X
Hickory Creek
Highland Hills
Highland Park
Highland Village
Hill Country Village ,
Hilshire Village
Hitchcock
Hollywood Park
Howe
Humble
Hunters Creek Village X
Huntsville
Hurst
Hutchins
Impact
Jacinto City
Jacksonville
Jersey Village
Katy
Keller
Kemah
Kennedale
Kerrville
Killeen X
Kingsville
Kirby
Lacy-Lakeview X
LakeWonh
Lake Dallas
Lake Jackson
Lakeside
Lakeside City
LaMarque X
Lamesa X
Lancaster
LaPorte
League City
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Le:mder
Leon Valley X
Levelland
Lewisville
Live Oak X
Longview X
Lufkin X
Lumberton
McAllen X
Meadows
Mercedes
Midland X
Mission
Missouri City
Morgan's Point
Mount Pleasant
Nacogdoches X
Nash
Nassau Bay
Nederland X
New Braunfels
Nolanville
North Richland HilI.s
Northcrest
Odessa
Olmos Park
Palestine
Palm Valley
Palmview
Pampa
Pantego
Pearland
Pecos City
Pflugerville X
Pharr X'
Piney Point Village
Plainview X
Port Neches X
Port Arthur X
Port Lavaca X
Portland
Primera
Richardson X
Richland Hills
River Oaks
Robinson
Robstown
. Rockwall
Rollingwood
Rose Hill Acres
Rosenberg
Round Rock
Rowlett X
Sachse
Saginaw
San Juan
San Angelo X
San Benito
San Marcos
Sansom Park
Santa Fe X
Schertz X
Seabrook X
Seagoville
Seguin X
Selma
Shavano Park
Shennan
Shoreacres
Snyder
Socorro
South Houston
Southside Place
Spring Valley
Stafford
Stephen vii Ie
Sugar Land
Sunnyvale
Sunset Valley X
Sweetwater X
Taylor X
Taylor Lake Village
Temple X
Terrell Hills
Texarkana X
Texas City X
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The Colony
Tye
Tyler
Universal City
University Park
Uvalde
Vernon
Victoria
Vidor
Wake Village
Watauga
Webster
Weslaco
West University Place
West Lake Hills
Westover Hills
Westworth Village
White Settlement
White Oak
Wichita Falls
Wilmer
Windcrest
Woodwav
x
X
X
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: March 23 ~
Requested By: Guy Rankin ~ l() v Department: Planning
. Report Resolution X Ordinance
Exhibits:
1. Ordinance
SUMMARY & RECOMMENDATION
Recently, soml3 citizen complaints have been brought to the attention of the
Planning Department regarding the ability to add fill dirt to an individual property.
The Planning Department wishes to amend Development Ordinance #1444, to
provide protection for property owners adjacent to persons that seek to alter or
change the elevation of their property.
The amendment states that any person that alters or changes the elevation of
property shall be responsible for obtaining a development permit. Moreover, any
change or altere'tion in the elevation of property requires development authorization
in accordance with Ordinance 1444
Our permit process allows for the protection of property from drainage problems
caused by the i:;iltering of adjacent property. Furthermore, the permitting process
assists the owner of a property seeking to make improvements in the most
appropriate way to develop their property, by determining solutions for drainage.
Recommendaticm
Staff recommends approval of this amendment to the Development Ordinance.
Action Required! by Council:
Consider approving an amendment to Development Ordinance #1444, regulating the
platting, replattin~l, or development of land.
Availability of Funds: N/A
GenE~ral Fund
Capital Improvement
Account Number:
A r C't . Council Agenda
WaterlWastewater
General Revenue Sharing
Funds Available: _YES _NO
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ORDINANCE NO. 1444-A
AN ORDINANCE AMENDING SECTION 2.19 DEVELOPMENT, SECTION 4.08
DEVELOPMENT SITE PLANS: GENERAL AND SECTION 11.02, DRAINAGE AND'
STORM SEWER, OF CITY OF LA PORTE ORDINANCE NO. 1444 REGULATING THE
PLATTING OR REPLATTING OF LAND INTO SUBDIVISIONS IN THE CITY OF LA
PORTE AND WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF LA
PORTE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS
ORDINANCE SHALL Bf; DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON
CONVICTION BE FINED A SUM OF NOT MORE THAN TWO THOUSAND DOLLARS
($2,000.00) FOR EACH VIOLATION; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; PROVIDING A 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 all prerequisites of law have been satisfied, and hereby determines and
declares that the amendments to Section 2.19, Develooment, Section 4.08 Development
Site Plans: General, and Section 11.02, Drainage And Storm Sewer, of City of La Porte
Ordinance No. 1444, are desirable and in furtherance of the goals and objectives stated
in the City of La Porte's Comprehensive Plan.
Section 2. Section 2.19, DEVELOPMENT, of City of La Porte Ordinance 1444,
is hereby amended to read as follows, to-wit:
"2.19 DEVELOPMENT: The process of converting land within the City's
jurisdiction from its natural state, or altering the elevation of prooerty,
or converting its existing usage to residential, commercial, or
industrial uses. This definition encompasses any and all physical
changes to the land not regulated through the City Building Code
ORDINANCE NO. 1444-__
Page 2
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inherent in such conversions. The term development includes
subdivisions as defined herein."
Section 3. Section 4.08 DEVELOPMENT SITE PLANS: GENERAL, of City of
La Porte Ordinance 1444, is hereby amended to read as follows, to-wit:
"4.08 DEVELOPMENT SITE PLANS: GENERAL
.
The following sections of this Ordinance outline procedures for
IPreparing and obtaining approval for developments not defined
herein as subdivisions. Except as noted in Section 4.08 (A) below, it
shall be a violation of this Ordinance for any person to develop
property within the City of La Porte without first:
a. Filing a Development Site Plan and required documentation for
approval.
b. Having said Development Site Plan approved according to the
procedures set forth herein; and
c. Obtaining a Development Authorization,
A DEVELOPMENT SITE PLANS: EXCEPTIONS TO FILING
REQUIREMENTS
4,:,_~0 De',elopment Site Plan filing Ghall be roquir-od aG provided for
heroin in the oaGe of a development whioh is Gtriotly agrioultural in
ohamoter and UGe.
~: No Development Site Plan filing shall be required as provided for
herein in the case of a development that is solely and strictly a
ORDINANCE NO, 1444-.
Page 3
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Subdivision, as that term is defined herein, and the requirements
of Section 4.04 of this Ordinance have been satisfied for such
Subdivision.
3:-_t"Jo Development Site Plan filiAg shall be r.oquir{)ej as provides for
herein in the Gase of a de'/elopment tAat is Gtriotly FOsideRtial in
~
oharacter and use, and oeouFS iA the form of a siRgle family
house, FOgardless of whett:'ler said houso is oonstructed inside or
outsiao of a Subdivision.
R MAJOR AND MINOR DEVELOPMENT SITE PLANS:
REQUIREMENTS AND CONTENTS
(SEE APPENDIX E)
For both Major and Minor Developments, the Development Site
Plan is drawn accurately to scale with exact dimensions. When
accompanied by all other required documentation, Development
Site Plans contain sufficient detail for evaluation of the proposed
development. Complete instructions for preparing Development
Site Plans are containe.d on Appendix E."
Section ~~. Section 11.02, Drainage and Storm Sewers, of City of La Porte
Ordinance No. 1444 is hereby amended by adding language pertaining to the alteration
of the elevation of property. Section 11.02, Drainage and Storm Sewers, shall hereafter
read as indicated below:
ORDINANCE NO. 1444- ,
Page 4
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"11.02 j)RAINAGE AND STORM SEWER
Adequate drainage shall be provided as to reduce the community's
E!XpOSUre to flood hazards with respect to adjacent, upstream and
downstream developments. (See also Chaoter 94. Floods. of the
~~ode of Ordinances of the City of La Porte for additional
reauirements.) Adequate drainage shall be provided within the limits
Clf the subdivision and/or development. The protection of adjoining
property shall be accounted for in the design of the drainage system,
and shall be subject to the approval of the Director of Planning or his
designated representatives.
Any oerson or oersons that alter or chanoe the elevation of orooertv
shall be resoonsible for aoolvino for and obtaining. orior to said
change or alteration of the elevation of orooertv. a develooment
authorization from the Citv Plan nino Deoartment. Anv chance or
a!teration in the elevation of orooerty recuires submission of a Site
Plan orior to the chance or alteration of orooertv. which said Site
Plan shall delineate the orooosed chanoe or elevation of orooertv.
Said certified site olan shall be subiect to aooroval by the Citv
Enoineer."
Section !i. 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. 1444-__
Page 5
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($2,000.00). Each day a violation of this ordinance shall continue shall constitute a
separate violation.
Section 6. All rights or remedies of the City of La Porte, T~xas, are expressly
saved as to any and all violations of any Zoning Ordinance or amendments thereto, of
said City of La Porte, thathave 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-conformin~J 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 I. 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 tlhereof, irrespective of the fact that any other section, sentence, phrase, or
clause, or part thereof, may be declared invalid.
Section Sl: The City Council officially finds, determines, recites and declares that
a sufficient Wrlttl9n 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
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ORDINANCE NO. 1444- e
Page 6
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as required by law at all times during which this ordinance and the subject matter thereof
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has been disGussed, considered and formally acted upon. The City Council further .
ratifies, approves and confirms such written notice and the contents and posting thereof.
Section 9. This Ordinance shall become effective fourteen. (14) days after its
passage and alpproval, 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 ,t\~ice within ten (10) days after the passage of the Ordinance.
PASSED AND APPROVED THIS THE -2L DAY OF March
.1998.
CITY OF LA PORTE
BY:~~ ~~
oN RMAN MArONE, r -
ATTESTATION:
B~~ )ji1tdL
, ARTHA (3ILLETT,
City Secretary
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March 23, 1998
Ms. Martha A. Gillett
City Secretary
City of La Porte
City Hall
La Porte, 'Texas
Re: Affid,avit of "Local Public Official"
Filed Under the provisions of Chapter 171,
Local Government Code
Dear Ms. Gillett:
The undersigned, a "local public official" as that term is defined
in Chapter 171, Local Government Code, hereby files this affidavit,
and would show that the undersigned has a "substantial interest" as
that term is defined in Section 171.002, Texas Local Government
Code, throu.gh the employment of the undersigned's wife, by BAY SHORE
NATIONAL B.ANK OF LA PORTE, a wholly owned subsidiary of BAY
BANCSHARES, INC., that would be peculiarly affected by any official
action taken by the City Council of the City of La Porte.
Kindly note the date and time of filing of this affidavit in your
office, which is the official recordkeeper of the City Council of
the City of La Porte.
Yours very truly,
~~
CHUCK ENGELK
by
SWORN ']~O AND SUBSCRIBED BE~E ME, t~~gned authority,
CHUCK ENC;ELKEN, on this the day 0 , 1998.
'1!JdJJi.J1. a. J{~
o ary PUblic, State of Texas
MARTHA A. GILLETT
NOTARY PUBLIC
II State of Texes
Comm. Exp. 08-0&02001
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ACKNOWLEDGMENT OF FILING
I, Ma.rtha A. Gillett, City Secretary of the City of La Porte,
do hereby acknowledge that the above and foregoing affidavit was
filed in the Office of the City Secretary of the City of La Porte
on the 23rd day of March, 1998.
~dJ a.#d'al
a tha A. Gille t
City Secretary
city of La Porte
(SEAL)
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March 23, 1998
Ms. Martha. A. Gillett
ci ty Secre:tary
ci ty of La. Porte
City Hall
La Porte, Texas
Re: Affidavit of "Local Public Official"
Filed Under the provisions of Chapter 171,
Local Government Code
Dear Ms. Gillett:
The undersigned, a "local public official" as that term is defined
in Chapter 171, Local Government Code, hereby files this affidavit,
and would show that the undersigned has a "substantial interest" as
that term is defined in section 171.002, Texas Local Government
Code, through ownership by the undersigned, or by persons related
to the undE~rsigned in the first or second degree by either affinity
or consanguinity, in a business entity, to-wit, BAY BANCSHARES,
INC., and i.ts wholly owned subsidiary, BAY SHORE NATIONAL BANK OF LA
PORTE, tha't would be peculiarly affected by any official action
taken by the City Council of the City of La Porte.
Kindly note the date and time of filing of this affidavit in your
office, which is the official recordkeeper of the City Council of
the City of La Porte.
s;;~
G SUTHl:RLAND
by
SWORN'TO AND SUBSCRIBED BE~~ ME, th~~e~signed authority,
GUY SUTHERLAND, on this theo<JA6\ day of "taU4- , 1998. .
-LflIldMJll. (). ,J1dktL
Notary Public, State of Texas
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ACKNOWLEDGMENT OF FILING
I, Ma.rtha A. Gillett, City Secretary of the City of La Porte,
do hereby acknowledge that the above and foregoing affidavit was
filed in t:he Office of the City Secretary of the City of La Porte
on the 23rd day of March, 1998.
~A- O.l1diiM
ar ha A. Gillett
City Secretary
City of La Porte
( SEAL)
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March 23, 1998
Ms. Martha A. Gillett
City Secretary
City of La Porte
City Hall
La Porte, Texas
Re: Affidavit of "Local Public Official"
Filed Under the provisions of Chapter 171,
Local Government Code
Dear Ms. Gillett:
The undersigned, a "local public official" as that term is defined
in Chapter 171, Local Government Code, hereby files this affidavit,
and would show that the undersigned has a "substantial interest" as
that term is defined in Section 171.002, Texas Local Government
Code, through ownership' by the undersigned, or by persons related
to the undersigned in the first or second degree by either affinity
or consanguinity, in a business entity, to-wit, BAY BANCSHARES,
INC., and its wholly owned subsidiary, BAY SHORE NATIONAL BANK OF LA
PORTE, that would be peculiarly affected by any official action
taken by t:he City Council of the City of La Porte.
Kindly note the date and time of filing of this affidavit in your
office, which is the official recordkeeper of the City Council of
the City of La Porte.
J
by
SWORN TO AND SUBSCRIBED BEFORE ME, the ~~;;;~d author i ty ,
NORMAN L. MALONE, on this theJ-Mday of , 1998.
~gic~b1ic1ls<<Of Texas
~- _litH. GlUETT
~~ NOTARY PUBLIC
~~ !II Stlte of Texas
~Clf"~ Comm. Exp. 08-08-2001
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ACKNOWLEDGMENT OF FILING
I, Martha A. Gillett, City Secretary of the City of La Porte,
do hereby acknowledge that the above and foregoing affidavit was
filed in the Office of the City Secretary of the City of La Porte
on the 23rd day of March, 1998.
em tJJiiJd I a.. Jl4//tf
Martha A. Gillett
City Secretary
City of La Porte
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AUEST FOR CITY COUNCIL AGENDI-EM
AGENDA DATE March 23. 1998
REQUESTED BY Jeff Litchfield, Finance Director/ACM
_ REPORT; _ RESOLUTION; ~ ORDINANCE; XX Letter to Audit Committee
On February 17, 1998, the City opened proposals for Banking Services. Responses were
received from Bayshore National Bank, Baytown State Bank and Nations Bank.
In analyzing the proposals submitted by the banks, there were three distinct areas that were
reviewed. They were the financial impact to the City of the proposal, financial condition of the
bank, and the services provided by the bank. In reviewing the proposals, staff feels that all three
banks are in sound financial condition and offer services at a level that is acceptable to the City.
With this in mind, a comparison of the financial impact to the City is in order.
The financial impact of the proposal is broken into two groups. First, there are costs that will be
paid by the City to the bank each month. These costs will be based on the activity in the
account. Second, the City will receive interest income on the funds they have on deposit with the
bank. The net e,ffect of the~e two components represent the financial impact of the RFP to the
City.
The financial impact presented below is based on estimated annual activity that was provided in
the RFP.
Entity
Expenses
Income
Net Impact
Bayshore Nallional Bank
Baytown State Bank
Nations Bank
$ 9,790.20
12,872.58
12,947.70
$ 28,194.50
28,460.00
14,936.13
$ 18,404.30
15,677.42
1,988.43
As can be seen above, the proposal submitted by Bayshore National Bank provides the best
financial incentive to the City of La Porte. Bayshore has provided Banking Services to the City
for several years and staff is pleased to recommend they receive a three year contract for the
provision of BanJ,ing Services.
ACTION REQUlf~ED BY COUNCIL
Adopt Ordinance approving and authorizing a Banking Services agreement with Bayshore
National Bank for a three year term beginning April 1, 1998, with a two year renewal option, and
on a month to mcmth basis thereafter.
FUND N/A
ACCT NUM:
FUNDS AVAILABLE:
OUNCIL AGENDA
;!;f8
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ORDINANCE NO ...9..8...- 2 2 26
AN ORDINANCE APPROVING AND AUTHORIZING A BANKING SERVICES AGREEMENT
BElWEEN nm CITY OF LA PORTE AND BAYSHORE NATIONAL BANK OF LA PORTE, FOR
A THREE YEAR TERM, COMMENCING APRD... 1, 1998, AND TERMINATING MARCH 31,2001,
PROVIDING FOR A lWO YEAR RENEWAL OPTION AND ON A MONTH TO MONTH BASIS
THEREAFrER., MAKING VARIOUS FINDINGS AND PROVISION RELATING TO THE SUBJECT;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE pTY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the contract, agreement or other undertaking
described in the title of this ordinance, in substantially the form shown in the document which is attached
hereto and incorporated herein by this reference. The Mayor 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, detennines, recites and declares that a sufficient written notice
of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to
the public at the City Hall of the City for the time required by law preceding this meeting, as required by
the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the
public as required by law at all times during which this Ordinance and the subject matter thereof has been
discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3: nus Olrdinance shall be in effect from and after its passage and approval.
PASSED and APPROVED this the 23rd day of March, 1998.
~~porte ~
~~ re
Nonnan Malone, Ma or
AHEST:
;~~.. (1.iih~A'1Ld/
Martha Gillett, City sec7-
~VED: /' ,JI.
. ~~ -;:,,( ~~~
Knox Askins, City Attorney
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THE STATE OF TEXAS
COUNTY OF HARRIS
BANKING SERVICES AGREEMENT
TIllS AGREEMENT, made and entered into this the 1st day of April, 1998, by and between the CITY OF LA PORTE, a
municipal corpOration, hereinafter referred to as "City", and Bayshore National Bank, a Texas corporation, whose address
is 1001 Hwy 146 South, La Porte, Texas hereinafter referred to as "Bank".
WIT N E SSE T H:
WHEREAS, the City has advertised for Proposals to provide banking services to the City of La Porte as provided in RF.P.
0069, the request for proposals having been published in the La Porte Bayshore Sun, said Notice providing that proposals
would be opened at 2:00 o'clock p.m. on the 17th day of February, 1998; and
,
WHEREAS Bank responded to such Notice to Offerors and indicated its willingness to provide banking services for the
City of La Po~ 3CCOnUng to infonnation in the proposal; and said Notice to Offerors and the proposal submitted by Bank
are each specifically made a part of this Agreement; and
WHEREAS Banks Proposal was selected to be the best responsible proposal;
NOW THEREFORE, for and in consideration of the tenn, covenants, and conditions hereinafter set forth, the parties
hereto agree as follows:
1. City hereby grants to Bank the right to provide banking services to the City of La Porte.
2. Bank agrees to perform the above-Slated banking services in complete confonnance with the guidelines ofRF.P. 0069,
a copy of which is attac:hed hereto, marked Exhibit "A" and by this reference incorporated herein and made a part of this
agreement.
3, The tenn of this Agreement shall be from the 1st day of April, 1998, to and including the 31st day of March, 2001,
with a two year option t.o renew, and on a month to month basis thereafter.
4. Bank and City agree to fully comply with the tenos, conditions, and specifications contained in Exhibit "A", which is
attached hereto and made a part hereof, except and to the e:\.1ent that said tenos, conditions or specifications are
specifically modified in the body of this agreement. This agreement, together with the attached Exhibit "A", constitutes
the entire agreement between the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple copies on the date first appearing
above.
"CITY"
CITY OF LA PORTE
~~'*<-
No L. Malone, Mayor
"BANK"
BAYSHORE NATION
Wright, Chief Executive Officer
;o::~~ePD
(Corporate Seal)
~T: ;I.
. :l:tk . ( eeul
Gillett, City SecretaIy
~VED/ ;/
'- ~"', &:t ~
Knox Askins, City Attomey
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CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
TO: Bob McLaughlin, City Councilman
Alton Porter, City Councilman
Howard Ebow, City Councilman
Robert T. Herrera, City Manager
FROM: ekeff Lit~field, Director of Finance/ACM
DATE: UMarch 12, 1998
RE: Request for Proposal for Banking Services
The City of La Porte received Proposals for Banking Services on February 17, 1998.
Requests were sent to the three local banks with all three responding.
The selection and award process for a banking services agreement falls under the rules
of a "Propo~;aID instead of a "Bid". With a Bid, the process is clear cut - you request a
specific piece of equipment and submit specifications, A Bid is a very objective method
because all vendors give prices on very similar equipment. In a Proposal, like a Bid, you
receive a price for certain measurable units, but the "specificationsD are subjective. With
a professional service agreement, there are other factors besides price that you have to
consider.
In analyzing the proposals submitted by the three banks, there are three distinct areas
that need to be reviewed which are: (1) Costs of the Proposal; (2) Financial Condition of
the Bank; anq (3) Services Provided by the Bank,
Costs of the. Proposal
The costs of each proposal is the most objective of the three areas and will be reviewed
first. The analysis of the costs proposed by each bank applied to the aggregate annual
transactions of the City's three accounts, was prepared under separate cover and is
attached for your reference. However, for the purposes of this discussion the ranking
was:
(1 )
(2)
(3)
Institution
Bayshore National Bank
Bay town State Bank
NationsBank
Annual Cost
$ 9,790.20
12,782.58
12,947.70
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We conside!red the Income for Cumulative Accounts based on an average daily balance
of $535,000. Assuming 5.17% is the 30 day average, the ranking was:
(1)
(2)
(3)
Institution
Baytown State Bank
Bayshore National Bank
Nations8ank
Total Income
$28,480.00
28,194.50
14,936.13
,
Considering both Income and Expenses, and thus, the net impact to the City on an
annual basi:s; the ranking was:
(1)
(2)
(3)
. Institution
Bayshore National Bank
Baytown State Bank
Nations8ank
Net Impact
$18,404.30
15,6n.42
1,988.43
Financial Condition of the Bank
We reviewed the financial information from each bank and, in our opinion, each bank is
in sound financial condition and should be in business throughout the term of the
proposed a~~reemenl 8ecause we were. comfortable making this decision, we did not
request outside analytical assistance from anyone with expertise in the analysis 'of
banking institutions. .
Services Pr'ovided bv the Bank
The provision of service is a subjective matter. The following three areas were reviewed
relating to the level of service provided: (1) service to the City, (2) service to City
employees, and (3) service to our Citizens.
It is our opinion that each institution has the ability to provide satisfactory service in each
of these art:as. One respondent (Bay town State) does not have on-line Banking
available at this time but plans to have it by the end of the year. They would also require
an additional day of lead time for the Direct Deposit of employees paychecks. This
could present somewhat of a hardship on our Payroll Department.
Conclusion
In conclusion, it is our professional opinion that the City will receive a much better
financial desl from Bayshore National Bank. Therefore, we are recommending that the
contract forl:anking Services be awarded to Bayshore National Bank, La Porte, Texas,
for a three YE:ar period beginning April 1, 1998.
Attachment: Detail of Analysis
.~..-.....-
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CITY OF LA PORTE
ANALYSIS OF PROPOSAL FOR BANKING SERVICES
Est Annual Baytcwn Bayshore Nations
Quantity State National Bank
Income for Cumulati"e Accounts
Interest (assuming 5.17% is 30 day avg and $535,000 avg bal) 28,460.00 28,194.50 14.9~6.13
Total Income , 28,460.00
28,194.50 14,936.13
Expense for Cumulative Accounts
Items Deposited Encc)ded 120,098 3,602.94 2,401.96 6,004.90
Items Deposited Unencoded 92 4.60 7.36 4.60
Checks Paid 23,280 3,492.00 3,492.00 2,095.20
Check Stock 4,500 A A A
Returned Items 300 1,050.00 900.00 1,050.00
Incoming Wires 48 240.00 480.00 480.00
Outgoing Wires 36 432.00 360.00 ~60.00
Account Inquiry 260 520.00
Stop Payments 10 200.00 200.00 225.00
Check Sorting 36 180.00 444.00
Cost for Deposit Slip Stock 696 A A
Transaction (Sank) Tc:lpe 24 2,400.00 1,200.00 864.00
Direct Deposit 188 pp 911.04 568.88
Account Maintenance 36 450.00 360.00
Reconciliation Output 36 540.00
Total Expenses 12.i82.5B 9.7GO.20 12.9.17.70
Net Impact to City on an Annual Basis 15,6i7.4~ 18,404.30 1,928.43
Note A = At Sank Cas:
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AUEsr FOR CITY COUNCIL AGENDI-EM
AGENDA DATE March 23, 1998
REQUESTED BY Jeff Litchfield. Finance Director/ACM
_ REPORT; _ RESOLUTION; .lQL ORDINANCE; XX Letter to Audit Committee
On February 16, 1998, the City opened proposals for Delinquent Ad Valorem Tax Collection
Services. Responses were received from three firms, which were:
Askins Bl Armstrong, P.C. in Association with Linebarger Heard, Groggan, Blair, Graham,
Pena & :Sampson, LLP (Askins)
Perdue, Brandon, Fielder, Collins & Mott, L.L.P. (Perdue)
Tracey Foster (Foster)
The current provider did not submit a proposal.
Since the proposal was a joint proposal for the City and the La Porte Independent School District,
I had Kathy Powell, City Tax Assessor/Collector and David Webb, Chief Financial Officer for the
School, review the proposals and conduct site visits to the three firms. I also attended those
meetings.
The result was that each of the firms are well qualified to do the task at hand, which made the
selection process very difficult. Ultimately, the Perdue firm was selected. All staff members
have previously had good working relationships with this firm. Perdue was specifically wanted by
the School District and the City had no reason to not utilize them.
At the March 17, 1998 School Board meeting, the School Board approved a contract with Perdue
for a three year period beginning April 1, 1998.
The last time the City entered into an agreement with the current provider, we structured the term
to end at the same time the School District's ended. Accordingly, since it is to our advantage to
utilize the same firm, we are requesting the same term the school agreed to, which is three
years. However, we do ask for a two year option, (at our choice), and on a month to month basis
thereafter. Also, you will find that the contract has a 30 day out clause, which is a very short time
table. This option is important to us and is to our advantage. If for any reason they do not
perform at an acceptable level, we have the right to cancel the contract.
ACTION REQUlftED BY COUNCIL
Adopt Ordinance approving and authorizing a Contract for the Collection of Delinquent Taxes
with Perdue, Brandon, Fielder, Collins, & Mott, L.L.P. for a three year term beginning April 1 ,
1998, with a two year renewal option, and on a month to month basis thereafter.
FUND N/A
ACCT NUM:
FUNDS AVAILABLE:
tP,h8
D' E {
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ORDINANCE NO ~ - 2 2 2 7
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT FOR COLLECTION OF
DELINQUENT TAXES BElWEEN THE CITY OF LA PORTE AND PERDUE, BRANDON,
FIELDER. COLLINS & MOTI, LLP FOR A THREE YEAR TERM, COMMENCING APRIL I, 1998,
AND TERMINATING MARCH 31, 2001, PROVIDING FOR A 'tWO YEAR RENEWAL OPTION
AND ON A MONTH TO MONTH BASIS THEREAFTER. MAKING VARIOUS FINDINGS AND
PROVISION 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 LA PORTE:
Section 1. The City Council hereby approves and authorizes the contract, agreement or other undertaking
described in the title of this ordinance, in substantially the form shown in the document which is attached
hereto and incorporated herein by this reference. The Mayor is hereby authorized to execute such
document and ail related documents on behalf of the City of La Porte. The City Secretary is hereby
authorized to attest to ail such signatures and to affix the seal of the City to ail 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 convenie~t 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 ail times during which this Ordinance and the subject matter thereof has been
discussed, considered and formally acted upon. The City Council further ratifies, approve~ and confirms
such written notice and the contents and posting thereof.
Section 3: This Ordinance shall be in effect from and after its passage and approval.
PASSED and APPROVED this the 23rd day of March, 1998.
~f La Porte . ~..... _ .#
~a-,?~
Norman Maione, Mayor
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CONTRACT FOR THE COLLECTION OF
DELINQUENT TAXES
THE STATE OF TEXAS
COUNTY OF HARRIS
fi
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.TInS CONTRACT is made between the CITY OF LA PORTE a political subdivision of
the State of Texas, acting by and through its CITY COUNCIL, hereinafter called Taxing Authority,
and PERDUE, BRANDON, FIELDER, COLLINS & MOTT, L.L.P., Attorneys at Law,
Houston, Texas, or their duly authorized representatives, hereinafter called the Finn.
L
Taxing Authority agrees to employ and does hereby employ the Finn to enforce by suit or
otherwise, the coUection of all delinquent taxes, penalty and interest, owing to the Taxing Authority
which the Taxing Authority's Tax Collector refers to the Firm, provided current years taxes
becoming delinquent within the period of this contract shall become subject to its tenns upon the
following conditio,ns:
A. Taxes that become delinquent during the tenn of this Contract that are not
delinquent for any prior year become subject to the tenns of this Contract
on 1he 1st day of July, of the year in which they become delinquent; and
B. Taxes that become delinquent during the term of this Contract on property
that is delinquent for prior years shall become subject to its tenn on the
first day of delinquency when such property under litigation or comes
undler litigation or is referred to the Finn for collection by the Taxing
Authority's Tax Collector.
C. Taxing Authority reserves the right to make the final decision as to
whether or not to enforce by suit any delinquent tax account turned over
to th.e Firm for collection.
II.
The Firm i.s to call to the attention of the collector or officials any errors, double
assessments or other discrepancies coming under their observance during the progress of the work
and is to intervene on behalf of the Taxing Authority in all suits for taxes hereafter filed by any
taxing unit on property located within its taxing jurisdiction.
m.
The Firm agrees to make progress reports to the Taxing Authority on request, and advise
the Taxing Authority of all cases where investigation reveals taxpayers to be financially unable to
pay their delinquent taxes.
.
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IV.
The Firm further incorporates its written proposal to collect delinquent taxes into this
contract and agrel~ to perform in accordance thereto. All activities performed by the Firm in
connection with tJhis contract (Le. title research and publications costs are at no out of pocket costs
to the taxing authority).
v.
The Firm recognizes Taxing Authority's desire to obtain Final Judgments and Orders of
Sale on certain parcels of real property, more particularly described on Exhibit "A" attached hereto.
Firm agrees to research titles, file suits, and diligently prosecute suits to final judgments and sale,
on said parcels. These accounts will be worked evenly over the term of the agreement.
VI.
Taxing Authority agrees to pay the Firm as compensation for services required hereunder
fifteen (15%) percent of the total amount of all delinquent taxes, penalty and interest which are
subject to this contract and which are actually collected and paid to the Taxing Authority's
Collector of Taxes, when such fifteen percent is recovered from the taxpayer. Other taxes,
including current taxes, which are turned over to the Firm by the Taxing Authority's Tax Assessor-
Collector because of the necessity of filing claims in Bankruptcy, with other federal authorities, or
for other reasons, shall become subject to the terms of this contract at the time they are turned over
to the Firm and .the Finn is entitled to fifteen (15%) of any amounts of delinquent taxes, penalties,
and interest actually received by the Taxing Authority and fifteen (15%) percent of current taxes
actually received by the Taxing Authority when such fifteen percent is recovered from the taxpayer
if collected prior to July 1 st of any tax year, upon order of the Court.
vn.
Taxing Authority agrees to furnish to the Firm all data and information in its possession as
to the name and address of the , taxpayer, the legal description of the property, years and amount of
taxes due. Taxing Authority further agrees to update said information by furnishing a list of paid
accounts and adjustments to the Tax Roll as necessary.
VID.
This Contra<:t shall commence on APRll., 1. .1998, and continue in force and effect until
MARCH 31. 1001 with an option to Taxing Authority to renew for one additional two year term,
and shall thereafter .continue on a month to month basis; provided, however, that either party to this
agreement shall have the right to terminate this agreement by giving the other party thirty (30) days
written notice of their desire and intention to terminate this agreement; and further provided that
the Firm shall havean additional six (6) months to collect or reduce to judgment all tax suits and/or
claims filed prior to the date this agreement becomes terminated.
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In consideration of the terms and compensation here stated, the Firm hereby accepts
said employment and undertakes the performance of this Contract as above written.
This Contract is executed on behalf of the Taxing Authority by the presiding officer
of its governing body who is authorized to execute this instrument by Order heretofore
passed and duly recorded in its minutes.
WITNESS the signatures of all parties hereto in duplicate originals this the)3,AJ
day of '-11lllJuiv . A.D., 199 L Harris County, Texas.
PERDUE, BRANDON, FIELDER
COLLINS & MOTT, L.L.P.
Attorneys at Law
2600 Citadel Plaza Dr., Suite 110
Houston, Texas 77008
(713) 862-1860
(713) 862-1429 Fax
By:Lq~
MICHAE~ 1. OW
CITY OF LA PORTE
By:~>>t~~_
ATTEST~1!)t1Alj,&v at ,J/1l1::d1
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EXHIBIT A
UST OF PROPERTIES WITH SUSPECTED TITLE PROBLEMS
HCAD ACCOUNT NUMBER
OWNER PER HCAD
lEGAL DESCRIPTION
HCAD ACCOUNT NUMBER
OWNER PER HCAD
lEGAL DESCRIPTION
0061360000005
UNKNOWN
l T 5 BLK 46
BAY FRONT TO LA PORTE
0061860000050
UNKNOWN
TRS 3A 4A 5A & 6A
BA YRIDGE PARK
0061400000007
CURRENT PROPERTY OWNER
TR 7 BlK 50
S 1/2 OF l T 7
BAY FRONT TO LA PORTE
0231410000475
UNKNOWN
PT Ol 475 476
TRS 475A 476A
LAPORTE OUTlOTS
00616407.40033
CURRENT PROPERTY OWNER
lTS 33 & 34 BlK 74
BAY FRONT TO LA PORTE
0231410000477
CURRENT PROPERTY OWNER
PT Ol 477 478
TR 477 478A
LAPORTE OUTlOTS
006164074J0038
CURRENT PROPERTY OWNER
lTS 35 & :36 BlK 74
BAY FRONT TO LA PORTE
0231410000630
CURRENT OWNER
TR 441N
OUTLOT 441
(020*TR l)
LA PORTE OUTLOTS
00617700(10023
CURRENT PROPERTY OWNER
IT 23 BlK 87
BAY F~ONT TO LA PORTE
0231440000634
CURRENT PROPERTY OWNER
.0416 U/D INT IN TR 580C
LA PORTE OUTLOTS
0061780880001
CURRENT PROPERTY OWNER
l TS 1 THR:U 5 BlK 88
BAY FRONT TO LA PORTE
0231470000921
CURRENT PROPERTY OWNER
TR 907 (IMPS ONLY)
(LAND.0231470000904)
LA PORTE OUTLOTS
0061780880021
CURRENT PROPERTY OWNER
LTS 22 & 23 BLK 88
BAY FRONT TO LA PORTE
006186000lJ049
UNKNOWN
TRS 9A-1 8i 10A
BAYRIDGE PARK
0231690310010
UNKOWN
l TS 9 & 10 BlK 31
LA PORTE
0231870000008
UNKNOWN
l T 8 BLK 54
LA PORTE
Page 1 of 7
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EXHIBIT A
LIST OF PROPERTIES WITH SUSPECTED TITLE PROBLEMS
HCAD ACCOUNT NUMBER
OWNER PER HCAD
lEGAL DESCRIPTION
HCAD ACCOUNT NUMBER
OWNER PER HCAD
LEGAL DESCRIPTION
0231950()00003
UNKOWl"
lTS 3 & 4J BLK 62
LA PORTE
0240080190019
CURRENT PROPERTY OWNER
l T 2-9 BlK 219
IMPS ONLY
LAPORTE
0232080El80008
UNKNOWN
l T 8 BLK 88
LA PORTE
0240230760005
UNKNOWN
l TS 5 & 6 BlK 276
LA PORTE
0232080880009
CURRENT PROPERTY OWNER
l T5 9 10 11 & 12 BlK 88
LA PORTiE
0240280940008
CURRENT PROPERTY OWNER
IT 8 BlK 294
LA PORTE
0232080890003
CURRENT PROPERTY ONWER
l TS 3 & 4 BlK 89
LA PORTI:
0240370270005
CURRENT OWNER
l TS 5 & 6 BlK 327
LA PORTE
0232090000027
CURRENT OWNER
lTS 27 & :28 BlK 90
LA PORTE
0240370270007
CURRENT PROPERTY OWNER
l T5 7 & 8 BlK 327
LA PORTE
02321500.10017
UNKNOWN
l T5 17 THRU 24 BlK 101
LA PORTE:
0240440750008
CURRENT PROPERTY OWNER
l TS 8 & 9 BlK 375
LA PORTE
0232160040028
UNKNOWN
l T5 28 THRU 32 BlK 104
LA PORTE
0240460110018
CURRENT PROPERTY OWNER
.333 UfO INT IN l TS 18 THRU 23
BlK 411
LA PORTE
02400208910015
CURRENT PROPERTY OWNER
lTS 1516 & 17 BlK 189
LA PORTE
0240460110021
CURRENT PROPERTY OWN
.333 UfO INT IN l TS 18 THRU 23
BlK411
LA PORTE
Page 2 of 7
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EXHIBIT A
LIST OF PROPERTIES WITH SUSPECTED TITLE PROBLEMS
HCAD ACCOUNT NUMBER
OWNER PER HCAD
LEGAL DESCRIPTION
HCAD ACCOUNT NUMBER
OWNER PER HCAD
LEGAL DESCRIPTION
0240700500011
CURRENT PROPERTY OWNER
LTS 11 "HRU 16 BLK 650
LA PORTE
0241470730007
CURRENT PROPERTY OWNER
L TS 7 & 8 BLK 973
LA PORTE
0240800n90008
CURRENlT PROPERTY OWNER
LTS 8 & 9 BLK689
LA PORTE
0241470730014
CURRENT PROPERTY OWNER
LT 14 BLK 973
LA PORTE
0240800fl90029
CURRENT PROPERTY OWNER
L TS 29 31) & 31 BLK 689
LA PORTE
0241470730029
UNKNOWN
LTS 29 & 30 BLK 973
LA PORTE
0240840000011
UNKOWN
LT 11 BU< 709
LA PORTE
0241550000024
CURRENT PROPERTY OWNER
LT 24 BLK 986
LA PORTE
0240900210013
CURRENT PROPERTY OWNER
LTS 13 THRU 18 BLK 721
LA PORTE
0241560000017
CURRENT PROPERTY OWNER
LT 17 BlK 987
LA PORTE
02410309:30030
CURRENT RESIDENT
L T 30 BL~~ 793
LA PORn:
0241570000001
CURRENT PROPERTY OWNER
L TS 1 & 2 BLK 988
LA PORTE
0241 0409~50004
CURRENT PROPERTY OWNER
.50 UfO INT IN l TS 4 THRU 29
BLK 795
LA PORTE:
0241570000047
CURRENT PROPERTY OWNER
LT 3 BLK 988
LA PORTE
02410409S0006
CURRENT PROPERTY OWNER
.50 UfO INT IN L TS 4 THRU 29
BLK 795
LA PORTE
0241570000048
CURRENT PROPERTY OWNER
L TS 5 6 7 & 8 BLK 988
LA PORTE
0241570000049
CURRENT PROPERTY OWNER
lTS 11 & 12 BlK 988
LA PORTE
Page 3 of 7
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EXHIBIT A
UST OF PROPERTIES WITH SUSPECTED TITLE PROBLEMS
HCAD ACCOUNT NUMBER
OWNER~ PER HCAD
LEGAL I)ESCRIPTION
HCAD ACCOUNT NUMBER
OWNER PER HCAD
LEGAL DESCRIPTION
0241570000050
CURRENT PROPERTY OWNER
LT 13 BL.K 988
LA PORTE
0241910000020
BOYLER E PEST
LT 20 BLK 1114
LA PORTE
0241570000051
CURRENT PROPERTY OWNER
L T 14 BL.K 988
LA PORTE
0241910000021
BARRETT MRS F 0
LTS 2122 & 23 BLK 1114
LA PORTE
0241570lJ00052
CURRENT PROPERTY OWNER
LTS 15 8L 16 BLK 988
LA PORTE
0241910000024
HARRIS CO FLOOD CONTROL
LT 24 BLK 1114
LA PORTE
0241910000001
SKELTON B DON & SARAH K
LTS 1 &:~BLK 1114
LA PORTE
02419.10000026
REED JENNIE EST
LT 25 BLK 1114
LA PORTE
0241910(100003
TEXAN LAND AND CATTLE CO
LTS 3 THRU 8 BLK 1114
LA PORT'E
0241910000028
WOLF EDWARD P
L TS 28 & 29 BLK 1114
LA PORTE
0241910000009
LA PORTE ISO
LT 9 BLK 1114
LA PORTE
.
0241910000032
LA PORTE LAND CO
LTS 32 33 34 & 35 BLK 1114
(PT NM)
LA PORTE
0241910000010
EISEMANN CHAS M
L T 10 Bue 1114
LA PORTI:
0241910000036
BOONE J J
LTS 36 & 37 BLK 1114
(NM)
LA PORTE
0241910000011
MURPHY LYNN J & TR ETAL
L TS 11 THRU 17 BLK 1114
LA PORTI:
02419100lJ0018
PURDY CURTIS R
LTS 18 & 19 BLK 1114
LA PORTE
Page 4 of 7
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EXHIBIT A
UST OF PROPERTIES WITH SUSPECTED TITLE PROBLEMS
HCAD ACCOUNT NUMBER
OWNER PER HCAD
lEGAL [tESCRIPTION
HCAD ACCOUNT NUMBER
OWNER PER HCAD
lEGAL DESCRIPTION
0241910000038
UNKNOWN
lTS 383940 & 41 BlK 1114
(NM)
LA POR1E
0241920000003
CITY OF LA PORTE
lTS 3 & 4 BLK 1118
LA PORTE
0241910000046
LA PORTE IND SCHOOL DIST
IT 46 BLK 1114
(NM)
LA PORTE
0241920000005
WOLF EDWARD P
l TS 5 & 6 BlK 1118
LA PORTE
0241910000047
UNKNOWN
lTS 47 &48 BlK 1114
(NM)
LA PORTE
0241920000007
OBERWETTER ALZINA M ESTA T
lTS 7 & 8 BlK 1118
LA PORTE
0241910000049
TEXAN LAND AND CATTLE CO
IT 27 Bl~~ 1114
LA PORTE
0241920000009
WEEMS ELIZABETH
.75 UfO INT IN lTS 910 11 &
12 BlK 1118
LA PORTE
02419100100050
TEXAN U~ND AND CATTLE CO
l TS 42 43 44 & 45 BlK 1114
(NM)
LA PORTE
0241920000013
LA PORTE ISO
lTS 13 & 14 BlK 1118
LA PORTE
0241910000051
LA PORTE: ISO
IT 26 BlK 1114
LA PORTE:
0241920000015
EVANS SUSAN L
lTS 15 THRU 22 BlK 1118
LA PORTE
02419100,(10052
CURREN1' PROPERTY OWNER
lTS 30 & ~S1 BlK 1114
LA PORTE:
0241920000023
HAPPY HARBOR METH HOME
lTS 23 & 24 BlK 1118
LA PORTE
02419200CI0001
PALMER S B
lTS 1 & 2 BlK 1118
LA PORTE:
0241920000025
SllHA HELEN F
lTS 25 26 27 & 28 BlK 1118
LA PORTE
Page 5 of 7
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EXHIBIT A
UST OF PROPERTIES WITH SUSPECTED TITLE PROBLEMS
HeAD AC:COUNT NUMBER
OWNER PER HCAD
lEGAL D,ESCRIPTION
HCAD ACCOUNT NUMBER
OWNER PER HCAD
lEGAL DESCRIPTION
0241920000029
SilVA ROBERTA M &
lTS 29 30 & 31 BLK 1118
LA PORTE
0241920000044
WEEMS ELIZABETH
.75 UlD INT IN lTS 45 46 47 &
48 BLK 1118
LA PORTE
0241920000032
DEClUlrr MART MAY
IT 32 BLK 1118
LA PORTE
0241920000045
FIRST CITY NATIONAL BANK
.25 UtD INT IN lTS 91011 &
12 BlK 1118
LA PORTE
02419200lJ0033
MAY JAMES
IT 33 BlK 1118
LA PORTE
0241920000046
FIRST CITY NATIONAL BANK
.25 UlD INT IN l TS 45 46 47 &
48 BlK 1118
LA PORTE
0241920000034
CITY OF LA PORTE
lTS 34 35 & 36 BlK 1118
LA PORTE~
0241950250017
UNKNOWN
lTS 171819 & 20 BlK 1125
LA PORTE
0241920000037
MOTE MRS VESTA M
lTS 37 & ~18 BlK 1118
LA PORTE:
0242120000001
ROHMFElD SHERON
l TS 1 23 & 4 BlK 1161
LA PORTE
0241920000041
MAYES W D & JIM F
lTS 41 4243 & 44 BLK 1118
LA PORTE
0242120000005
CARPENTER JOHN
TR 5 BlK 1161
LA PORTE
0241920000042
ROSENFIELD MAX H
.50 UlD IN1.IN lTS 3 & 4
BlK 1118
(PRORA Te:D 3-29-96)
LA PORTE
0242120000009
ROPER MRS ZULA STANFORD
lTS 9 THRU 16 BlK 1161
LA PORTE
0241920000043
WEEMS ELIZABETH
l TS 39 & 40 BlK 1118
LA PORTE
0242120000017
CURRENT PROPERTY OWNER
l TS 17 THRU 22 BlK 1161
LA PORTE
Page 6 of 7
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EXHIBIT A
LIST OF PROPERTIES WITH SUSPECTED TITLE PROBLEMS
HCAD ACCOUNT NUMBER
OWNER PER HCAD
lEGAL DESCRIPTION
HCAD ACCOUNT NUMBER
OWNER PER HCAD
LEGAL DESCRIPTION
0242120000023
HARRIS COUNTY ROW DEPT
lTS 23 :.i~4 25 & 26 BlK 1161
LA PORTE
0242670000004
UNKNOWN
IT 25 BlK 1304
LA PORTE
0242120lJ00027
MOURSLJND SR KENNETH C
N 1/2 OF lTS 27 28 29 & 30
BlK 116'1
LA PORTE
0242920290005
CURRENT PROPERTY OWNER
lTS 5 & 6 BLK 1429
LA PORTE
0242120000031
WilDER H B
lTS 31 THRU 35 BlK 1161
LA PORTE .
0382340010005
CURRENT PROPERTY OWNER
TR 5B BlK 1
PAYNEWJ
0242120Cl00036
ROHMFELD SHARON
lTS 36 & 37 BlK 1161
LA PORTE
0580460030009
UNKNOWN
l T 9 BlK 3
SHOREACRES
02421200:00038
EVANS SUSAN l
lTS 38 3~~ 40 & 41 BlK 1161
LA PORTE
0580510130005
CURRENT OWNER
l T 5 BlK 13
SHOREACRES
0242120000042
WOLF E[IWARD P
l TS 42 & 43 BlK 1161
LA PORTI:
0953370000018
GARZA JOSE & MILKA
L TS 18 19 & 20 BlK 5 .
GREENDALE UlR
0242120000044
MOURSUlND SR KENNETH C
S 1/2 OF LTS 27 28 29 & 30
BlK 1161
LA PORTE:
1005540000016
CURRENT PROPERTY OWNER
IT 16 BlK 16
COllEGE PARK SEC 7
0242120000045
SUROFCHEK STEPHAN R
l TS 6 7 & 8 & TR 5A BlK 1161
LA PORTE
1139660000005
CURRENT PROPERTY OWNER
l T 5 BlK 9
MEADOW VilLAGE SEe 1
..
Page 7 of 7
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City of Lei Porte
Interoffic:e Memorandum
To:
Bob McLaughlin, City Councilman
Alton Porter, City Councilman
Howard Ebow, City Councilman
Robert T. Herrera, City Manger
~.aJ Jeff Litchfield, Director of Finance/ACM
U-' \ March 18, 1998
From:
Date:
Subject
Analysis of RFP for Delinquent T a.."( Collection Attorney
On January 16, 1998, the City and School District sent out a joint Request for Proposal (RFP) for the
collection of delinquent taxes. The closing deadline for the request was February 16, 1998. On that date, the
City received proposals from three providers. The City's current provider, Dexter Joyner, elected not to
respond.
The three proposers were:
Askins & Armstrong, P.C. in Association with Linebarger Heard, Groggan, Blair, Graham, Pena &
Sampson, LLP (Askins)
Perdue, Brandon, Fielder, Collins & Mott, L.L.P. (Perdue)
Tracey Foster (Foster)
The proposals from the three firms were reviewed by Kathy Powell, Tax Assessor/Collector for the City and
by David Webb, Chief Financial Officer for the School District. The selection criteria as published in the
RFP is as follows:
C. Selection Crit<<:ria
The following criteria will be used by the City to evaluate the proposals and to make a selection:
I. Completeness and clarity of the proposal.
2. SOlLlndness of the proposal specifications and methodology with respect to meeting the City's
objectives.
3. Capability and sufficiency of the Firm's computer resources and staff to process approximately
1,800 delinquent accounts each year.
4. Compatibility of the Finn's computer system with the City's computer collection system.
5. Reasonable expectation of results as sho\\n in the Finn's specification responses.
6. Professionalism and conduct of the Finn.
7. Stability of the Finn's financial standing.
8. Costs to be borne by the City.
9. Costs to be borne by the ta.xpayer.
10. Responses to all items under proposal specifications.
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Kathy Powell, David Webb and I made' site visits and asked a series of questions of each proposers. As a result
of that process, WI;: believe each proposer is qualified to provide Delinquent Tax Collection Services to the City
and the School District. A brief swnmary of each proposer follows:
City Attorney Knox Askins and John Armstrong submitted a joint proposal with the firm of Linebarger
Heard, Groggan, Blair, Graham, Pena & Sampson, LLP, which is the largest Delinquent Tax Collection Finn
in the State, representing 1,350 clients, including the City of Houston, Houston ISO and Harris County. In
visiting with Linebarger, we found it is common for them to team with a local attorney fInD when responding
to RFP's. Since tillS firm is the Delinquent Tax Collector for Harris County, the City currently receives
benefit on suits thc:y file on properties in La Porte. They have offices in La Porte and downtown Houston.
Perdue, Brandon, Fielder, Collins & Mott, L.L.P is also a large fll111, having 800 clients. They are the second
largest fInD in the Houston market. Their offices are located across from the appraisal district.
Tracey Foster is a sole practitioner. Her background includes several years of Tax Collection experience before
going to school to .obtain her law degree. Her offices are near Ellington Field.
In approaching the selection process, one item of importance to us was the use of a single firm for the collection
of taxes. I ask you to remember that our last contract with Dexter Joyner was specifically designed to end at the
same time the School's contract ended. Attached is a letter sent to the School District which supports this
position. By using one finn, it provides office efficiencies that are important to keep our cost down and our
customer turn arowld time as quick as possible. Ifwe dealt with two finns, we would have areas of duplicity of
effort.
We believe the joint collection agreement with the School District has been of big benefit to the taxpayer. By
collecting local taxl~S out of one office, savings to the taxpayer are probably in the $125,000 per year range. I
know for the City alone, our annual net costs would go up by about $35,000 if we were not joint venturing with
the School.
With this in mind, Kathy Powell and David Webb visited and agreed upon the Perdue firm. As mentioned earlier,
each of the three fums proposing were qualified and would do us a good job. The selection of the Perdue firm
was based primarily on familiarity with the firm. Both Kathy and David have worked with the Perdue firm before
and have had good relationships with them. Dr. Sawyer has also utilized them. In addition, I worked with Perdue
when I was the Tax Collector for the City of University Park. Since 75% of the total delinquent tax balance
belongs to the School District, we listened very strongly to their needs. They specifically wanted Perdue and we
had no reason to not want them.
Please remember the City incurs no costs for the Delinquent Tax Collection Process. It is all born by the
Delinquent Taxpayc:r with a state mandated 15% add-on fee. A brief swnmary of changes from the current
provider include:
The firm will provide title work 00 all property before suit is filed and will incorporate all past owners
as part of the suit. This step will assist in providing clean title to property that otherwise would remain
uncollectablle and unsaleable. Under our current provider, no title work was done on the property before
it was filed upon which has resulted in the City obtaining title to property via a Constables Sale and the
title we obtaiin is clouded by past owners.
The firm win load our delinquent tax infonnation into their own computer system and provide us with
access to th~1t system. This will allow us to keep track with the work they are doing and we can get up
to the minute: status reports. Under our current provider, all infonnation was provided to us on hard copy
and we were required to update the system ourselves. We were essentially operating the clerical portion
of his office.
.
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The firm will visually inspect all property before suit is filed. Under our current provider, suits were
filed and judgements were obtained on property (houses) that did agt-exist. If the property had been
visually inspected, we could have saved ourselves a lot of time and effort and would not have overstated
the amount of our delinquent tax roll.
These are just a fi:w areas we believe the new provider will be able to assist in cleaning up our roUs. We will
enjoy an increase in suit filing activity and tax warrants while still maintaining control over the operation.
The new fInn will start effective April I, 1998 for a three year tenn. Under the tenn of his contract, the current
provider will have until December 31, 1998 to bring to completion all suits he has previously filed.
In preparing a contract, with the firm, we considered including a perfonnance measurement criteria but were
unable to find one that would fairly and accurately provide a comparison.
We considered basing it on the amount of delinquent taxes that were collected but rejected that idea because of
outside influences. For example, at the last City Council meeting, a street closing netted the City and School
$19,574 in delinquent taxes. The tax attorney had nothing to do with that however he will get credit for the
collection and even make $2,532 in attorney fees. In reviewing the collection efforts of our current provider, I find
that they range from a high of 36% a year to a low of 8% a year. The high year of 36% was a year when the City
purchased a lot of property for the construction of bond projects.
Another measurement criteria we considered was to base it on the number of suits filed and again did not believe
that would be a good tool. It does not take much to file a suit, just fill in the blanks and file. The real work is
what happens before and after the suit is filed. While the contract is not tied specifically to a perfonnance
indicator, we did add a Section and Exhibit that listed properties that we specifically want worked over the three
year period. We would have asked any of the three firms to agree to this. The properties are those we strongly
suspect have title problems.
In conclusion, it is our recommendation the City of La Porte engage the law fmn of Perdue, Brandon, Fielder,
Collins & Mott, L.L.P. as its Delinquent Tax Collector for a three year period starting April 1, 1998 and
ending March 31, 2001 and providing for one two year renewal option ( our choice). The School District
approved their contract with Perdue at their School Board meeting of March 17, 1998.
xc: John Joems, Assistant City Manger
Kathy Powc~lI, Tax A~sessor/Collector
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.,.. .
REOUEt FOR CITY COUNCIL AGENDA r!t
Agenda Date Requested: M:;;;;:;;;8
Requested By: s. Gillett ~~~ Department: PublicWorks
XXX Report __ Resolution _ Ordinance
Exhibits: Weisinger VVater Well Executive Summary
SUMMARY & RECOMMENDATION
The City Council, at thl~ January 26, 1998 meeting, approved a contract with Weisinger Water Well Service to raise the
well head to conform with TNRCC regulations and inspect all well components at Water Well No.3, located on South
4th Street at Fairmont Parkway. A total of $35,800 was authorized for the work, with an additional $14,200 authorized
for any repairs identified by the inspection, for a total authorization of $50,000.
Weisinger has completed the inspection portion of the Project, including televised inspection down-hole, and
recommends a total of $27,316 in repairs, outlined in the attached Executive Summary, which includes new pump,
rebuilt motor, various well components and the cost of the TV inspection. These repairs will result in an almost new
well that should give the City many more years of service.
An additional $13,116 is required to complete this Project. The additional funds are available in the 1997-98 Utility CIP
Fund Contingency.
Action Required by Council: Appropriate an additional $13,116 from the Utility CIP Fund Contingency to
complete the repairs to Water Well No.3.
Availability of Funds:
General Fund WaterlWastewater
XX Capital Improvement_ General Revenue Sharing
Other
Account Number: 003-9890- Funds Available: XX YES NO
Mar-09-9a 04:10P Camille W~isinger
e
Weisinger Water
. Well,lnc.
22IX) EIat 0..
Conroe, T_ 77301
(4)>)798-7721 (:IJ')3lB8484
fIIlC (G)J58.71Z!I
409-756-7723
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P.02
Execuitve Summary
Mardi 9, 1!~8
CIoIda .... oa......
.Water WelllmptOvements-
1. Remov1! pumping eqUipment,
2. Inspect existing pumping equipment.
3. Inspect well with radial view camera. (Optional)
4. Clean well using' wire brush teohnique, jetting, balling oil and IIfJid as needed. (Optional)
5. Install a new foundation and piping a8 Slated in the speGific8tion&.
6. Extend the well casing, aUxiliary engine .00 fuel tank 10 new el.wation of the right angle
drive unlit.
7. Dlsinf8d: the well, test water per THROe requirements.
8. InsteU twv new pipe supports.
hldl...
~Qlumn PIDlrlJL We haVe removed the column pipe from the well. The pipe's machined faces
are pitted. l'he pipe was soft and on several Joints the 00 was damqged. Several jOints had
bad threads. We recommend to replace all the column pIpe,
TOD Scedal'(~olumn: The top _cia' column has a bad face and the 00 is pitted.
011 t!lE. SElVeral 011 tubes were damaged whore they rested in the column pipe stabilizer.;.
The 'aees arE! the main problem on the rem8lnder of the b.lbes that are bad. Six tubes did pass
inspection, We recommend to change lilt the tubes.
Une shaftIng' Nine jOlo15 are bact one joint's deflection exceeded the recommended
tolerances. C~ne joint has bad threads. Seven JOints have niSI deposits and are pitted and are
Mar-09-9a 04:JL1P Camille Weisinger
'. . .
409-756-7723
e
P.03
Wel&ln~ Water Well, lno.
.1. O3ioMs
unable to rev81S8 the shafts to Bilow the bearil1gS to naft on like new bearing sutf8D8S. We
recommend 10 replace nine 1 %D X ~ shafts.
Une Shaft CcqlIIngI; 111e Une ShaftS have hammer marks wheAt the couplings were seized.
AlIIhe Int~ shaft oouplings IlB8d to be replaCBCI.
Une Shatll Beartnas: AU the nne shaft bearings need to be replaced. The tOlerances on the
bearingS 4EIXceed the maximum bore diameter on the 48 bearings recommended for replacement,
Rubber T"ube stablJzers: The new column pipe we are recommending for replacement is B
different l)rpe then the exI&tlng Layne pipe. We will need to InstIIIl the new style rubber lube
stabilizers with the new column pipe.
TOj) ~llt~ Shaft. The top special shaft is pitted on the 00 and we are unable to nw8rae lhe
shaft In onlBr all the bealing to nrn on 8 like new surface, We recommend to replace the top
special line shaft.
Top SD8CiaI Oil Tube: The 011 tube has a bad faDe and the 00 of the tube where the tension
plate oJ1ng seals is pitted. We are recommending to replace the lop special oil tube.
8" ~Jd On Strainer. The existing setting cfld not hElVe 8 51miner on the suction. We ",commend
to Install a ,new stnIiner. .
Combination Drive Shaft: The 8)Q5ting shaft for the motor and gear drive Is soored and is
undersiZed where the steady bearing rides. We recommend to replace the combination drive
shaft.
<ilar Drtve', The bear1ngs are pitted and need to be replaced, The backlash on the ring and
pinion ge8n1 needs to be adjusted to the proper setllRg. The 011 coolIng system was
disconnectEJd Irrtemally.Werecommendtolnstallnewbearings.gaskets.shim set. oil, and
keys. As an option we can offer a gost tD provide 8 new oU CODling system.
Electric Motm:;.. The electric motor failed the HI Pot test but passed lhe surge test. The general
opinion on this motor Is thal the windings will not hold up for long. There are also signs of
overheating In the windings. The recommendations are 10 rewind this mOlor repl8Qng the
bearings, balance the entire rotating assembly, sand blast and paint all the palU. in$lall new
space heaters, provide new 011 and gaske1S.
Qisdlarue HIiHt. The disChatge head needs to be sandblasted and painted. The existing 011
dripper and solenoid is wom and the Oil line needs to be replaced. The Dring; and gaskets are
cracked and the nuts and bolls are lUSted. ll1e tension nut bont exceeds the maximum
toIerange.\Ne recommend to replace all the parts stated aDove and ciean sandblast and paint
the head.
The oil JeSelVoir did not have 8 heater. In the cold winter month5 the food grade 011 Used,
required by t1he THRCC, Increases in vi5005ity and will 001 move through the dripper at the
proper rate. We recommend to install 8 heated on reservoir.
Atrtine: ThEI axiSting airline is jointed by threads. Thera is fi'Vidence of water entering Into the
airline dLle to leakage at. these joints, We recommend to replaoe the existing airtine with a one
piBCB SS dekoran airline without any Joints. There is th., cost to Install new airtine in the base
bid.
Water Levell)etedor Kit: The existing components that m8k8 up thiS kit are not funCUOnal.
Bowl AssembIXL The exbtiog bowl assembly is very worn. The veins in the bowls are washecJ
out and the ptJr'celaB1 finish is damaged. The wear rings and bronze bushings ure worn beyond
" . I .
Ma'r-09-9a 04:l.1P Camille Weisinger
.
409-756-7723
.e
P.04
WMlnger Water Wel~ lno.
: :"'. 03109188
the m8Jdnllum taleranC8S.. The 'lmpeDers are washed our and 8.. very fhln In ttJe velna. We
recommellld to replBce Ihfs bOwl. We have Induded punp curves for two bowl 8SSItmblies to
select from. '
.._IIIIe.....
All of OUf l'ecommendBtlons are based on the AWWA standards for potable water wells.
We are o1rering atandard column pipe in lieu of the Layne type pIpe, 8S in the well. because the
stendqrd oDlumn pipe is epprvximalel, half price on the Layne brand.
We ate rec:ommendlng to Instal.. oone slt8Jner on the suction pipe to prevent ObJ8C1S, prtmal11y
sounding nnes, from entering Into the inlet of the pump.
The electric motor Is functional at this time, however testing Indicates that there Is potential
problems tl,st may arise In the future. Tha potential problems 111'8 unpredlotable.
A Goulds brand pump Is offered in lieu or the L8yne type Of pump that was In 1he well because
the eff101ency Is much greater and Is aboul3O% less than the Layne type,
Two Gouldli pumps are presenteCIfor your review. The 12 CHC appears to be the most cost
effective snd provides a mpch greeter effICiency. HIgher efficiency pumps COSIless to operate
and oost slvlngs can be substantial on a long term basis.
The teason we reoommend to InstaU a heated oil reservoir is that the proper vi~oslty can be
maintained during the cooler a1imates throughout the year.
The reason that we are recommending to ",place all the oil tubes is because the six tubes that
passed the inspection are considered marginsl. By Installing all "~wtubing In the well this will
provide 8 llfllfonn installation,
..........<<1.. Cest Eatl.....
We are recommending to replace the following components as stated:
15 10' J1;20'T&C column pipes $538.00 $8040.00
1 10' It: 20' Top $peGial oolumn pipes 490.00 490.00
83 2 %" )( 5' oil tubes 39.00 2457.00
9 1 ~" X 20' T&C Une shafts 128.00 11 52.00
7 1 ~" line shaft couplings 15,00 105.00
49 2 %It x 1 ~. line :thaft bearfngs 32.00 1568.00
15 10. )( 2 ~" rubber tube stabilizel'5 15.00 225.00
1 1 "" ~op special One sheft 130,00 t 30.00
1 2 ~" I:Op Special Oil tube 98,00 98,00
1 8" wead on cone strainer 150.00 150.00
1 1 "II )t 95. oomblnation motor drive shaft with keys 250.00 250.00
~. ..J
Milr-09-9a 04: JLl.P Cami 1 lEI Weisinger
It
409-756-7723
--
P.05
W.lngar~Ir'''' Well, Inc,
03lO9J9B
, Repair to existing 150 Hp AnwiIIo gear ddVe to
Include all new beal1ngs. 011. gaskets. and
shim set " 00 cooling system
1 Repair to existing 150 hp US Electric motor to
incI'ude: rewind statof, replace all bearings, space
he'ltef'$, balance entire rotating assembly, sand blast
2171.00
2117.00
and paint al parts, new 011 and gaskets
, N~v tension nut. (City to inslall oil dripper, oil line
with fittings, & new solenoid valve)
3825.00
3825.00
soo.oo
300.00
1 Replacement boWl assembly 120D GPM . 350 mH
12- 5 stuge Goulds 12 CHC
estimated totsl
4549.00
4549.00
$25516.00
..xt .....
We recommend the follOWIng steps be taken.
1) TV caml,ra survey the well with the radial view camera to evaluate the downhole condition of
the wen. The downhDle condltJon of the well can not be determined based Dn the condition
of the pumping equipment. In arder to provide the City with a complete evaluation of the
weD. 8 ntdlal view camera Inspection needs to be per1onned.
2) If the CIt.y Chooses to perform the radial \fiew camera survey our evaluation would be
completeld WIth recommendations If needed for performing the optional bid items or any
other servIceS that may be required. Our evaluatiOn and recommendations would be
presented to the City in a written report.
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;REOUEI FOR CITY COUNCIL AGENDA ITt:
Agenda Date Request:ed: March 23r1,998
Requested By: s. Gillett ~ Department: PublicWorks
XXX Report __ Resolution _ Ordinance
Exhibits: Proposal to perform Professional Engineering Services - Fleet Fueling Facility
SUMMARY & RECOMMEND A TION
The City of La Porte is planning the construction of a new centralized fleet fueling facility with aboveground tanks to
replace the two fueling filcilities with underground tanks. The 1997-98 Capital Improvement Budget includes $500,000
for the design and construction of this facility. After review of qualified firms to perform the design, the firm of H.
Carlos Smith Engineers and Surveyors, Inc. (the Engineer) was selected. This firm recently completed a similar design,
including removal of underground storage tanks and replacement with aboveground tanks for the San Jacinto College
District.
The estimated cost of construction is $300,000. The Engineer proposes to perform design and construction phase
services for the installation of three (3) aboveground fuel tanks at the Public Works Service Center, with 24-hour
accessibility as outlined in the attached Proposal for a fixed fee of$30,000.00.
Additionally, the Enginee:r proposes to perform all necessary design, contract document preparation and inspection and
oversight to remove thre~: (3) underground storage tanks at Public Works and one (1) underground storage tank at the
Police department at a fee not to exceed $10,000. The estimated cost to remove these tanks is $15,000 to $30.000 per
site.
The City is required to bring these sites into compliance or remove them by December 22, 1998. The Engineer has
submitted a schedule that will accomplish the removal and replacement well within the timeline.
Action Required by Council: Authorize the City M'anager to execute the proposal agreement between the City of
La Porte and H. Carlos Smith Engineers and Surveyors, Inc. for a fixed design fee of $30,000 for the construction
of a new centralized Fh~et Fueling Facility and a not-to-exceed fee of $10,000 for the removal of underground
storage tanks from the Public Works and Police Department facilities.
Availability of Funds:
General Fund 'WaterlWastewater
XX Capital Improveill1ent_ General Revenue Sharing
Other
Account Number: 015-9892-751-1000 Funds Available: XX YES NO
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H. CARLOS SMITH
ENGINEERS AND SURVEYORS, INC.
423 N. HWY. 146 P,O. BOX 529
LA PORTE, TEXAS 77572-0529
(281) 471-4228
FAX (281) 471-4228
March 11, 1998
City of La Porte
P. O. Box 1115
La Porte, Texas 77572-1115
"
Attn: Mr. Steve Gillett
Director of Public Works
Re: Fleet Fueling Facility
.
Dear Mr. Gillett:
This is our proposal to perform engineering services for the
Ci ty of Lei Porte in regards to the preparation of plans and
specifications for the construction of a fleet fueling
facility to be located at the Public Works Center.
We would propose to prepare plans and specifications for the
constructlon of the fleet fueling facility, obtain approval
of all City departments, including the Fire Marshall, and
such otheJ~ state, federal or local regulatory agencies
which will require review and approval of the plans and
specifications, assist the City in advertising for bids,
obtain bids, award bid, and prepare contract documents, and
perform ccmtract administration during construction, and
make periodic job site visits to assure that the contractor
is perfornling in accordance with the plans and
specificat.ions. Our services will be guided by the American
Society of Civil Engineers Manual No. 45, A Guide for the
Engagement of Engineering Services.
We would prepare plans and specifications for the complete
and working fueling facility which would include the
following basic facilities with all appurtenances:
1. Site preparation.
2. 3 - 10,000 gallon Above Ground Tanks,
3. Tank overflow containment footings.
4. Dispenser islands and service area concrete paving.
5. Dispensers, submersible pumps and piping.
6. Remote tank fill connections.
7. Stage II vacuum assist return lines.
8. Electrical wiring and lighting.
9. Canopy.
10. Fuel management and leak sensor controls.
11. Dri"..,eways, and turnaround,
12. Site drainage.
Page 1 of 3
We estimate that ~e cost of this total fac~ty will be
$300,000.00, including the site work to be performed by the
City.
We would propose to pro~ide
$30,000.00. We would expect
following schedule:
PRELUUNARY PHASE
DESIGN PHASE
CONSTRUCTION PHASE
our services for a flat fee of
payment in accordance with the
10%
75%
15%
100%
The following time, schedule should meet your December
deadline:
Preliminary Plans for Review
Final Plans and Specifications
Advertise ~or Bids
Award Bid
Construction 120 days
April 15, 1998
May 25, 1998
May 31, 1998
June 20, 1998
October 30, 1998.
We would propose to prepare engineering plans and
specificati.::>ns for the Removal, Disposal, Remediation and
Restoration of the existing fueling sites concurrently with
the engineering for the new facility.
This type o:E work would not necessarily be performed by the
contractor doing the new constr~ction, and we would
recommend that separate bids be received for this work.
This type oj: work is somewhat indefinite in scope, as the
extent of any contamination will not be discovered until the
tanks are excavated and removed. Testing, removal and
disposal of any contaminated soils and/or water could be
quite expensive. Removal, disposal, remediation and
restoration of each site without extraordinary contamination
with basic testing is estimated to cost $15,000 to $30,000
per site.
We would propose to prepare engineering plans and
specification for the Removal,. Disposal, Remediation and
Restoration of both sites for a fee not to exceed
$10,000.00, without prior written notification and approval
of the City, based on our per diem rates, copy attached
hereto,
We would per'form the basic engineering service, contract
management d.uring construction, and assure that the
Contractor complies with all applicable codes and
regulations including local, state and federal codes.
Preliminary plans and specification will be submitted to the
City for review and approval, about June 10, 1998, and final
plans and specifications will be submitted about July 10,
1998. We would propose that this contract be awarded in
September, 1998, and construction start when the new
facilities are in operation in October, 1998.
Page 2 of 3
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Estimated c:onstruction schedule(Non contaminated site)
Removal
Testi.ng
Backfill and
Restoration
Total
3 days
2 days
3 days
8 days
With extra ordinary contamination, this could increase to:
RemoV'al .. 5 days
Di spc,sal 2 days
Testing 8. days
Backfill and
Restoration 3 days
Total 18 days.
We have been delayed in getting this proposal to you in
order to obtain some estimated cost figures for the new
facility. We obtained these on February 25, 1998, and
reviewed them prior to submitting this proposal.
If this proposal is is satisfactory, please sign one
original copy and return to us as our notice to proceed with
this project.
Very truly yours,
H. Carlos Smith-Engineers & Surveyors, Inc.
:;;I dh ~
H. Carlos Smith, P.E., R.P.L,S.
President
CITY OF LA PORTE
G?~ T. "~
Robert T. Herrera
City Manager
Page 3 of 3
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>> J" FLOOD PROBLEMS IN LOMAX
-..
To Mayor Norman Malone and members of LaPorte City Council.
We the undersigned property owners of Lomax, an area of the City of LaPorte, Texas,
are disturbed about the flooding of our property and homes as experienced during the
spring of 1997 and on January 4,6, and 20 of 1998.
During the recent floods, the areas ofL street located east of Lomax elementry school
and the corasponding parts of H, and P streets, and Sens road became inundated with
water until most of the area looked like a lake, Several houses got water inside them,
while severaa others had water in their garages. Most bath facilities were inoperable.
Other hardships being suffered by home owners are:
(1) Raw sewuge overflowing into the flood water, causing a health hazard.
(2) Snakes and ants being killed inside homes.
(3) Debris being swept into driveway and yards.
Lomax Drive and adjoining area of L street flooding may be accented by:
(1) The unregulated dumping of dirt on the 10 acres west of the Garden area. Since "this
has been c:ompleted , the area on both sides of this property has experienced flooding
with 4-6 inch rains. In the past this type flooding occured only with 10-12 inch
rainfalls.
(2) The failme of the City and Harris county to provide adequate drainage (I.E. Sens road
acting like a dam holding back the water, Only one culvert under the street),
(3) The failure of Harris county to provide a surge pond.
(4) The failurt~ of the City to close flooded streets with barriers to prevent waves from
entering homes.
(5) The rerouting of state highway 225 run-off to the main drainage ditch in Lomax.
The property owners of Lomax and Lomax Gardens area are calling on the city council
to find and implement solutions for this flooding problem, Property values are severely /i-A fA+r/.A
affected in a n.egative manner by the floods, e2..(J S-~/r...~
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FLOOD PROBLEMS IN LOMAX
To Mayor Norman Malone and members of LaPorte City Council.
We, the undersigned property owners of Lomax Gardens, ta'rea of the City of LaPorte,
Texas, are disturbed about the flooding of our property and homes as experienced on
January 4 and 21 1998.
Lomax Gardens has one horseshoe shaped street, Lomax Drive, located off L street.
During the re(:ent flood this street became inundated with water until most of the Garden
area looked liI~e a lake. Two houses got water inside them, while several others had water
in their garage::s. Most bath facilities were inoperable.
Other hardships being suffered by home owners are:
(1) Raw sewage overflowing into the flood water, causing a health hazard.
(2) Snakes and ants being killed inside homes.
(3) Debris being swept into driveway and yards.
Lomax Drive flooding may be accentuated by:
(1) The unregulated dumping of dirt on the 10 acres west of the Garden area.
(2) The failure of the City and Hanis county to provide adequate drainage (I.E. Sens road
acting like:: a dam holding back the water. Only one culvert under the street)
(3) The failure of Harris county to provide a surge pond.
(4) The failure of the City to close flooded streets with barriers to prevent waves from
entering homes.
(5) The rerouting of state highway 225 run-off to the main drainage ditch in Lomax.
The property owners of Lomax Gardens and Lomax area are calling on the city
council to find and implement sol~tions for this flooding problem. Property values are O. . --r:. . _ . .
severly affected in a negetive manner by th~~ ~ <<L 6A ~
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e.
FLOOD PROBLEMS IN LOMAX
To Mayor Norman Malone and members of LaPorte City Council.
CLtV
We, the undersigned property owners of Lomax Gardens, Tarea of the City of LaPorte,
Texas, are disturbed about the flooding of our property and homes as experienced on
January 4 and 21 1998. '
Lomax Gardens has one horseshoe shaped street, Lomax Drive, located off L street.
During the recent flood this street became inundated with water until most of the Garden
area looked like a lake. Two houses got water inside them, while several others had water
in their garages. Most bath facilities were inoperable.
Other hardships being suffered by home owners are:
(I) Raw sewage overflowing into the flood water, causing a health hazard.
(2) Snakes and ants being killed inside homes.
(3) Debris being swept into driveway and yards.
Lomax Drive flooding may be accentuated by:
(1) The unregulated dumping of dirt on the 10 acres west of the Garden area.
(2) The failure of the City and Harris county to provide adequate drainage (I.E. Sens road
acting like a dam holding back the water, Only one culvert under the street)
(3) The failure of Harris county to provide a surge pond.
(4) The failure of the City to close flooded streets with barriers to prevent waves from
entering homes,
(5).The rerouting of state highway 225 run-off to the main drainage ditch in Lomax.
The property owners of Lomax Gardens and Lomax area are calling on the city
council to find and implement solutions for this flooding problem. Property values are
severly affected in a negeti~ llO~ I / CJ..--
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