HomeMy WebLinkAbout1998-09-14 Regular Meeting and Public Hearing of City Council
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MINUTES OF THE REGULAR MEETING
AND PUBLIC HEARINGS OF LA PORTE CITY COUNCIL
SEPrEMBER 14,1998
1. CALL TO ORDER
The meeting was called to order by Mayor Norman L. Malone at 6:00 p.m.
Members of City Council Present: Mayor Norman L. Malone, Council persons Guy
Sutherland, Chuck Engelken, Howard Ebow, Peter Griffiths and Deotis Gay.
Members of Council Absent: Alton Porter, Jerry Clarke and Charlie Young.
Members of City Executive Staff and City Employees Present: City Manager Robert
T. Herrera, Assistant City Manager John Joerns, Assistant City ManagerlFinance
Director Jeff Litchfield, City Attorney Knox Askins, City Secretary Martha Gillett,
Public Works Director Steve Gillett, Planning Director Doug Kneupper, City
Manager's Secretary Carol Buttler, Director of Administrative Services Louis Rigby,
Chief of Police Bobby Powell, Director of Parks and Recreation Steve Barr, Purchasing
Agent Susan Kelley, Golf Pro Alex Osmond, Engineering Technician Brian Sterling
and Assistant Finance Director Cynthia Alexander.
Others Present: Spero Pomonis, Imogene Pulleine, Evelyn Kennedy, Mr. Teague, Paul
Neuman, Kevin James, Larry Allen, Jack Howard, James Adams, Mike McInnis,
Donna Marlar, Carlos Smith, Wayne Knox, Dr. Willard Jones, Rhonda Smith, Joe
Smith, Bill Scott and a number of La Porte Citizens.
2. The Invocation was delivered by Mayor Malone due to the absence of Reverend Randy
Young.
3. Council considered approving the minutes of the Regular Meeting on August 24, 1998.
Motion was made by Councilperson Ene:elken to ~!>rove the minutes of Aue:ust 24.
1998 meeting as presented. Second by Councilperson Ebow. The motion carried
unanimously.
Ayes: Sutherland, Engelken, Griffiths, Gay, Ebow, and Mayor Malone.
Nays: None
4. PROCLAMATIONS:
Mayor Malone presented the following Proclamations:
A. Constitution Week - Ms. Imogene Pulleine and Stephanie Ashlock representing
the Jane Long Chapter of the Daughters of the American Revolution, accepted
the Proclamation.
B. AARP Day - Mr. Carroll Teague accepted the Proclamation.
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City Council Minutes 9-14-98 - Page 2
s. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CmZENS AND
TAX PAYERS WISIllNG TO ADDRESS COUNCIL
The following citizens spoke to Council opposing the City's plan for the extension of
Farrington Blvd.:
Bill Scott, 1802 Lomax School Rd., La Porte, Texas 77571
Paul Neuman, 1801 Lomax School Rd., La Porte, Texas 77571
Kevin James, 10415 Carlow, La Porte, Texas 77571
Larry Allen, 1415 Lomax School Rd., La Porte, Texas 77571
Jack Howard, 1419 Lomax School Rd., La Porte, Texas 77571
James Adams, 1606 Lomax School Rd., La Porte, Texas 77571
Mike McInnis, 2001 Lomax School Rd., La Porte, Texas 77571
Donna Marlar, 10426 Rustic Rock, La Porte, Texas 77571
6. Council held a Public Hearing to consider approval regarding an Ordinance amending
Chapter 106, Section 106-521, Table A-Industrial Uses, Section 106-522, Table B-
Industrial area requirements, and Section 106-772 of the Code of Ordinances of the
City of La Porte, by providing that height restrictions may be modified in H-I Zones, as
conditional use.
Open Public Hearing - Mayor Malone opened the Public Hearing at 6:25 P.M.
Review by Staff - Planning Director Doug Kneupper presented summary. In addition,
Ron Evans ofP.P.G. provided Council with an overview of the project.
Public Input - Mayor Malone requested input from the public and there were no
responses.
Recommendation of Staff - Planning Director Doug Kneupper informed Council staff
recommended approval based on a unanimous decision of the Planning and Zoning
Commission.
Close Public Hearing - Mayor Malone closed the Public Hearing at 6:45 P.M.
7. Council considered approval to amend Chapter 106, Section 106-521, Table A-
Industrial Uses, Section 106-522, Table B-Industrial Area Requirements, and Section
106-772 of the Code of Ordinances.
City Attorney read: AN ORDINANCE AMENDING CHAPTER 106, SECTION 106-
521, TABLE A-INDUSTRIAL USES, SECTION 106-522, TABLE B-INDUSTRIAL
AREA REQUIREMENTS, AND SECTION 106-772 OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE, BY PROVIDING THAT HEIGHT
RESTRICTIONS MAY BE MODIFIED IN H-I ZONES, AS A CONDITIONAL USE;
PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS
ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND
SHALL UPON CONVICTION BE FINED A SUM OF NOT MORE THAN TWO
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THOUSAND DOLLARS ($2,000.00) FOR EACH VIOLATION; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Council person Engelken to approve the Ordinance as read by the
City Attorney. Seconded by Councilperson Ebow. The motion carried unanimously.
Ayes: Councilperson Sutherland, Engelken, Ebow, Griffiths, Gay and Mayor Malone.
Nays: None
8. Public Hearing - Council considered approval of a Special Conditional Use Permit
(SCU) Permit #SCU98-OO2. The applicant's request is for a pharmaceutical unit on the
PPG Site.
Open Public Hearing - Mayor opened the Public Hearing at 6:47 P.M.
Review by Staff - Planning Director Doug Kneupper presented summary.
Public Input - There were no citizens wishing to speak: to Council on this matter.
Recommendation of Staff - Me. Kneupper reported the Planning and Zoning
commission has unanimously voted to recommend City Council approve Special
Conditional Use Permit #SCU98-002.
Close Public Hearing - Mayor Malone closed the Public Hearing at 6:49 P.M.
9. Council considered an Ordinance approving Special Conditional Use Permit
#SCU98-002.
Doug Kneupper presented summary and recommendation and addressed Council's
questions.
Motion was made by Councilperson Engelken to iij>j)rove the Ordinance as read by the
City Attorney. Second by Councilperson Ebow. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Gay and Mayor Malone.
Nays: None
10. Public Hearing - City Budget 98-99
Open Public Hearing - Mayor Malone opened the Public Hearing at 6:52 P.M.
Review by Staff - Assistant City Manager Jeff Litchfield presented summary and
recommendation to Council.
Public Input - There were no citizens wishing to address Council on this matter.
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City Council Minutes 9-14-98 - Page 4
Recommendation of Staff - Mr. Litchfield recommended Council adopt the Ordinance
approving Fiscal Year 1998-99 Budget.
Close Public Hearing - Mayor Malone closed the Public Hearing at 6:59 P.M.
11. Council considered approving an Ordinance approving and adopting the budget for the
period of October I, 1998 through September 30, 1999.
City Attorney Read: ORDINANCE 98-2276 - AN ORDINANCE APPROVING AND
ADOPTING THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE
PERIOD OF OCTOBER I, 1998 THROUGH SEPTEMBER 30, 1999; FINDING
THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN
PREPARATION AND PRESENTMENT OF SAID BUDGET; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Ebow to approve the Ordinance as presented by
Ci(y Attorney. Seconded by Councilperson Engelken. The motion carried.
Ayes: Councilpersons Sutherland, Engelken, Ebow, Griffiths and Mayor Malone.
Nays: Council person Gay.
12. Council considered approving a Resolution adopting the 1998 Appraisal Roll of Harris
County Appraisal District.
Assistant City Manager Jeff Litchfield presented summary and recommendation and
addressed Council's questions.
City Attorney read: RESOLUTION 98-10 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LA PORTE, TEXAS, ADOPTING THE 1998
APPRAISAL ROLL OF THE HARRIS COUNTY APPRAISAL DISTRICT.
Motion was made by Councilperson Sutherland to approve the Resolution as read by
the City Attorney. Seconded by Councilperson Gay. Motion carried unanimously.
Ayes: Councilperson Sutherland, Engelken, Ebow, Griffiths, Gay and Mayor Malone.
Nays: None
13. Council considered approving an Ordinance levying taxes upon taxable property located
within and subject to taxation in the City of La Porte.
Assistant City Manager Jeff Litchfield presented summary and recommendation.
City Attorney read: ORDINANCE 98-2277 - AN ORDINANCE LEVYING TAXES
UPON TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT TO
TAXATION IN THE CITY OF LA PORTE, TEXAS; MAKING APPROPRIATIONS
FOR SUPPORT, MAINTENANCE, AND IMPROVEMENT OF THE CITY
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GOVERNMENT OF SAID CITY OF LA PORTE; FINDING THAT ALL
REQUIRED NOTICES HAVE BEEN PUBLISHED AND ALL REQUIRED
HEARINGS HELD; CONTAINING A REPEALING CLAUSE; CONTAINING A
SEVERABll.ITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Council person Engelken to ap,prove the Ordinance as presented by
City Attorney. Seconded by Councilperson Gay. The motion carried unanimously.
Ayes: Councilpersons Sutherland, Engelken, Ebow, Griffiths, Gay and Mayor
Malone.
Nays: None
14. Council considered approving an Ordinance changing certain rates at the Bay Forest
Golf Course.
Assistant City Manager Jeff Litchfield presented summary, recommendation and
answered Council's questions.
City Attorney read: ORDINANCE 1587-J - AN ORDINANCE AMENDING
APPENDIX A, CHAPTER 50, ARTICLE II GOLF COURSE, SECTIONS 50-3 (a) -
(c), INCLUSIVE, OF THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW AND PROVIDING AN EFFECTIVE DATE
HEREOF.
Motion was made by Council person Ebow to approve the request as presented by staff.
Seconded by Councilperson Gay. The motion carried unanimously.
Ayes: Councilperson Sutherland, Engelken, Ebow, Griffiths, Gay and Mayor Malone.
Nays: None
15. Council considered approving an Ordinance establishing adjusted rates for the use of
the La Porte Recreation and Fitness Center.
Assistant City Manager Jeff Litchfield presented summary and recommendation and
answered Council's questions.
Mayor Malone read: ORDINANCE 1829-B - AN ORDINANCE AMENDING
CHAPTER 50 PARKS AND RECREATION, ARTICLE V FITNESS CENTER
SECTIONS 50-151 THROUGH 50-154, INCLUSIVE, BY REPEALING CURRENT
SECTIONS 50-151 THROUGH 50-154, AND REPLACING THEM WITH THE
FOLLOWING; AND FURTHER AMENDING APPENDIX A-FEES OF THE CODE
OF ORDINANCES OF THE CITY OF LA PORTE, SECTION 50-152 (d)
THROUGH SECTION 50-153 (b) (7) BY REPEALING THE FEES ESTABLISHED
HEREIN AND REPLACING THEM WITH THE FOLLOWING; CONTAINING A
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City Council Minutes 9-14-98 - Page 6
SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Griffiths to approve the Ordinance as read by the
City Attorney. Seconded by Council person Engelken. The motion carried
unanimously.
Ayes: Councilpersons Sutherland Engelken, Ebow, Griffiths, Gay and Mayor Malone.
Nays: None
16. Council considered an Ordinance amending water and sewer service charges.
Assistant City Manager Jeff Litchfield presented summary and recommendation and
addressed Council's questions.
City Attorney read: ORDINANCE 98-2278 - AN ORDINANCE AMENDING
CHAPTER 74, ARTICLE III, "WATER AND SEWER SERVICE CHARGES,
APPENDIX A - FEES" OF THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE; ESTABLISHING A NEW RATE AND FEE STRUCTURE; CONTAINING
A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion was made by Council person Ebow to approve the Ordinance as read by the City
Attorney. Seconded by Councilperson Griffiths. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Gay and Mayor Malone.
Nays: None
17. Council considered an Ordinance establishing guidelines and criteria governing tax
abatement agreements by the City of La Porte and authorizing consideration of an
application for designation of the "PPG Industries Reinvestment Zone", and set a
Public Hearing for September 28, 1998.
Motion was made by Council person Gay to table this item until the September 28. 1998
Council Meeting. Seconded by Councilperson Engelken. The motion carried
unanimously.
Ayes: Councilpersons Sutherland, Engelken, Ebow, Griffiths, Gay and Mayor
Malone.
Nays: None
18. Council considered approval of the proposed Ordinance providing for general use of the
City of La Porte Parks System.
Parks and Recreation Director Stephen Barr presented summary and recommendation
and addressed Council's questions.
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City Council Minutes 9-14-98 - Page 7
City Attorney read: ORDINANCE 98-2280 - AN ORDINANCE ADDING
PROVISIONS FOR GENERAL USE OF PARKS, PARK AREAS, PARK RELATED
FACILITIES, AND RENTAL FACILmES COMPRISING THE CITY OF LA
PORTE PARKS SYSTEM, BY ADDING NEW SECTIONS 50-1 THROUGH 50-3,
INCLUSIVE, TO CHAPTER 50 OF THE CODE OF ORDINANCES OF THE CITY
OF LA PORTE; CONTAINING A SEVERABILITY CLAUSE; PROVIDING THAT
ANY PERSON VIOLATING ANY PROVISION OF THIS ORDINANCE SHALL BE
DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE
PUNISHED BY A FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED
DOLLARS ($500) FOR EACH OFFENSE; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; PROVIDING FOR PUBLICATION OF THE CAPTION
OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Council person Sutherland to approve the Ordinance with the
suggested amendment as oudined below. Seconded by Councilperson Gay. The
motion carried unanimously.
Amendment to include in (13) VEHICLES IN PARKS GENERALLY - add the
following statement. Any approved use of motorized vehicles on park areas must
recognize the pedestrian right-of-way.
Ayes: Councilpersons Sutherland, Engelken, Ebow, Griffiths, Gay and Mayor
Malone.
Nays: None
19. Council considered approval of the proposed Ordinance providing for permitting the
special use of the City of La Porte Parks System.
Parks and Recreation Director Stephen Barr presented summary and recommendation.
City Attorney read: ORDINANCE 98-2281- AN ORDINANCE ADDING
PROVISIONS FOR PERMITTING THE SPECIAL USE OF PARKS, PARKS
AREAS, PARK RELATED FACILITIES, AND RENTAL FACILITIES
COMPRISING THE CITY OF LA PORTE PARKS SYSTEM BY ADDING NEW
SECTIONS 50-10 THROUGH 50-17, INCLUSIVE, TO CHAPTER 50 OF THE
CODE OF ORDINANCES OF THE CITY OF LA PORTE; CONTAINING A
SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Council person Ebow to approve the Ordinance as presented by
the City Attorney. Seconded by Councilperson Engelken. The motion carried
unanimously.
Ayes: Councilpersons Sutherland, Engelken, Ebow, Griffiths and Mayor Malone.
Nays: None
Councilperson Gay not present when vote was taken.
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20. Council considered approving an Ordinance authorizing agreement with White Petrov
and McHone for auditing services for a three year period (September 20, 1998, 1999
and 2000).
Assistant City Manager Jeff Litchfield presented summary and recommendation and
answered Council questions. In addition, Mr. Litchfield introduced Robert Belt of
White Petrov and McHone in case Council needed additional information.
City Attorney read: ORDINANCE 98-2282 - AN ORDINANCE APPROVING AND
AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND
WHITE PETROV MCHONE, CERTIFIED PUBLIC ACCOUNTANTS, FOR
AUDITING SERVICES; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson En~elken to approve the Ordinance as presented by
the City Attorney. Seconded by Councilperson Ebow. The motion carried
unanimously.
Ayes: Councilperson Sutherland, Engelken, Ebow, Griffiths, Gay and Mayor Malone.
Nays: None.
21. Council considered approving an Ordinance authorizing the City Manager to execute a
contract with USA Environmental for the construction of a Fleet Fueling Facility in the
amount of $273,650.00.
Director of Public Works Steve Gillett presented summary and recommendation and
answered Council questions.
City Attorney read: ORDINANCE 98-2283 - AN ORDINANCE APPROVING AND
AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND USA
WASTE INDUSTRIAL SERVICES, INC., FOR THE CONSTRUCTION OF A
FLEET FUELING FACILITY; APPROPRIATING $273,650.00, TO FUND SAID
CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO
THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Council person Gay to approve the Ordinance as presented by the
City Attorney. Seconded by Councilperson Griffiths. The motion carried
unanimously.
Ayes: Councilpersons Sutherland, Engelken, Ebow, Griffiths, Gay and Mayor
Malone.
Nays: None
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22. Council considered appointing George W. Maltsberger to the Board of Adjustment
Alternate 2 position.
City Attorney Knox Askins presented summary and recommendation.
City Attorney read: ORDINANCE 98-2271 - AN ORDINANCE APPOINTING
MEMBERS TO VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES, OF
THE CITY OF LA PORTE; PROVIDING A SEVERABILITY CLAUSE;
CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Sutherland to approve the Ordinance as presented
by the City Attorney. Seconded by Councilperson Griffiths. The motion carried
unanimously.
Ayes: Councilpersons Sutherland, Engelken, Ebow, Griffiths, Gay and Mayor
Malone.
Nays: None
23. Council considered voting for Texas Municipal League Intergovernmental Risk Pool
Board of Trustees nominee in places 6 through 9.
Administrative Services Director Louis Rigby presented summary and addressed
Council's questions. Mr. Rigby advised Council there was a letter in their packet from
Mr. Herrera recommending the incumbents in all four places.
Motion was made by Councilperson Engelken to approve the recommendation as
presented by Mr. Ril!by. Seconded by Council person Ebow. The motion passed
unanimously.
Ayes: Councilpersons Engelken, Ebow, Griffiths, Gay and Mayor Malone.
Nays: None
Council person Sutherland not present during voting.
24. Council considered approval of the consent agenda as follows (any item may be
removed by a Councilperson for discussion):
A. Award bid for replacement of gymnasium floor to Miller Sports Floors for the
Recreation Fitness Center.
B. Award bid for sections I & II to Carr's City Tire Service and for Section II to A &
Z Tire and Battery.
C. Award bid for annual traffic signal maintenance to Southwest Signal Supply, Inc.
with two one year options.
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City Council Minutes 9-14-98 - Page 10
Motion was made by Council person Engelken to vote on the Consent Agenda all at one
time. Seconded by Councilperson Ebow. The Council agreed unanimously. Mr.
Sutherland was not present.
Motion was made by Council person Ebow to approve the Consent Agenda as
presented. Seconded by Council person Engelken. The motion carried unanimously.
Ayes: Councilpersons Engelken, Ebow, Griffiths, Gay and Mayor Malone.
Nays: None
Council person Sutherland was not present for vote.
25. ADMINISTRATIVE REPORTS
City Manager Robert T. Herrera reminded Council of the fol1owing events:
A. Annual Chamber of Commerce Steak: Cookout - September 17, 1998.
B. 8th Annual Family Fun Day at the Wave Pool - September 19, 1998.
26. COUNCIL ACTION
Councilpersons Engelken, Ebow, Griffiths, Gay and Mayor Malone brought items to
Council's attention.
27. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN
MEETINGS LAW, CHAPI'ER 551.071 THROUGH 551.076, AND 551.084,
TEXAS GOVERNMENT CODE, - (CONSULTATION WITH
AITORNEY, DELIBERATION REGARDING REAL PROPERTY,
DELIBERATION REGARDING PROSPECTIVE GIFf OR DONATION,
PERSONNEL MAITERS, CONFERENCE WITH EMPWYEES
DELffiERATION REGARDING SECURITY DEVICES, OR
EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS
IN AN INVESTIGATION)
A. 551-074 (pERSONNEL MAITER)
DISCUSS APPOINTMENTS TO BOARDS AND COMMISSIONS
B. 551-071 (CONSULTATION WITH AITORNEY)
MEET WITH CITY MANAGER AND CITY AITORNEY ON LITIGATION
MAITER
Council retired into an Executive Session at 7:52 p.m. under Section 551.071
(Consultation with Attorney). There was no need for an Executive Session on Item A.
Council returned to the table at 8:39, with no action taken.
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City Council Minutes 9-14-98 - Page 11
28. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED
IN EXECUTIVE SESSION
There was no action taken in Executive Session item B.
29. ADJOURNMENT
There being no further business to come before Council, the Regular Meeting was duly
adjourned at 8:40 p.m.
Respectfully submitted,
vnrtOJdJl L (). Adbd
Martha A. Gillett
City Secretary
Passed and approved on this 28th day of September, 1998.
~m~7/Jt~
Norman L. Malone, Mayor
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REO.tST FOR CITY COUNCIL AGIDA ITEM
Agenda Date Requested:
9-14-98
Requested By:
Doug Kneupper
Department: Planning
Report
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Ordinance
Exhibits:
1. Ordinance
Summary & Recommendation
The Planning and Zoning Commission met on August 20, 1998, to consider amendments to Chapter
106, Section 106-521, Table A - Industrial Uses, Section 106-522, Table B - Industrial Area
Requirements, and Section 106-772 of the Code of Ordinances. These amendments will allow
height restrictions to be modified in Heavy Industrial (HI) zones, as a Conditional Use.
The Commission unanimously voted to recommend City Council approval of the proposed
amendments.
Action Required by Council:
1. Conduct Public Hearing.
2. Consider an amendment to Chapter 106, Section 106-521, Table A - Industrial Uses,
Section 106-522, Table B - Industrial Area Requirements, and Section 106-772 of the Code
of Ordinances.
Availability of Funds: N/ A
General Fund
Capital Improvement
Other
Water /W astewater
General Revenue Sharing
Account Number:
Funds Available:
Yes
No
Approved for City Council Agenda
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Robert T. Herrera
City Manager
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Date
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ORDINANCE NO. 1501--BB-
AN ORDINANCE AMENDING CHAPTER 106, SECTION 106-521, TABLE A-
INDUSTRIAL USES, SECTION 106-522, TABLE B-INDUSTRIAL AREA
REQUIREMENTS, AND SECTION 106- 772 OF THE CODE OF ORDINANCES OF THE
CITY OF LA PORTE, BY PROVIDING THAT HEIGHT RESTRICTIONS MAY BE
MODIFIED IN H-I ZONES, AS A CONDITIONAL USE; PROVIDING THAT ANY
PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED
GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION BE FINED A SUM
OF NOT MORE THAN TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
VIOLATION; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING
A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte hereby finds, determines and
declares that heretofore, to-wit, on the 20th day of August, 1998, at 6:00 p.m., a public
hearing was held before the Planning and Zoning Commission of the City of La Porte,
Texas, pursuant to due notice, to consider the question of the possible amendment of the
Zoning Ordinance as herein described. There is attached to this Ordinance as Exhibit
"A", and incorporated by reference herein and made a part hereof for all purposes, the
publisher's affidavit of publication of notice of said hearing.
Section 2. Subsequent to such public meeting, the City of La Porte Planning and
Zoning Commission met in special session on August 20th, 1998, at 6:00 p.m. to consider
the Ordinance amendments which were the subject of such public hearing. The City
Council of the City of La Porte is in receipt of the written recommendations of the City of
La Porte Planning & Zoning Commission, by letter dated August 21, 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.
ORDINANCE NO. 1'- BB
PAGE 2
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Section 3. The City Council of the City of La Porte hereby finds, determines and
declares that on the 14th day of September, 1998, a public hearing was held before the
City Council of the City of La Porte, Texas, pursuant to due notice, to consider the
recommendation of the City of La Porte Planning and Zoning Commission. There is
attached to this Ordinance as Exhibit "C", and incorporated by reference herein and made
a part hereof for all purposes, the publisher's affidavit of publication of notice of said
hearing.
Section 4. The City Council of the City of La Porte hereby finds, determines and
declares that all prerequisites of law have been satisfied, and hereby determines and
declares that the amendments to Sections 106-521, Table A- Industrial, and 106-522,
Table B- Industrial Area Requirements, and 106-772, Height Requirements, of the Code
of Ordinances of the City of La Porte are desirable and in furtherance of the goals and
objectives stated in the City of La Porte's comprehensive plan.
Section 5. Section 106-521 of the Code of Ordinances of the City of La
Porte, Texas is hereby amended to read as follows, to-wit:
"DIVISION 4. INDUSTRIAL DISTRICT REGULATIONS
Subdivision L. Generally
Sec. 106-521. Table A, industrial uses.
(a) Table A, industrial uses.
P (ABC) - Permitted uses (subject to designated criteria established in section
106-523).
P - Permitted uses.
A - Accessory uses (subject to requirements of section 106-741).
ORDINANCE NO. 151--1m e
PAGE 3
C - Conditional uses (subject to requirements of sections 106-216 through 106-218
and designated criteria established in section 106-523).
* - Not allowed.
Uses (SIC Code #)
Zones
BI LI HI
All uses permitted or accessory in the GC
zone, except residential P P P
All uses conditional in the GC zone, except
residential C C C
Nonmanufacturing Industries:
Adult oriented business * * peG)
Air transportation (451-458) P P P
General contractors, heavy construction
(161,162,1541) P P P
Highway transportation terminal and ser-
vice facilities (417) P P P
Motor freight transportation and warehous-
ing (421,423) * P P
Farm product warehousing and storage
(4221 ) * P P
Public warehousing (4222-4226) P P P
Railroad transportation (401) * * P
Shipping container, or fabricated plate work
(3443)
Storage inside P(ACDE) P(ACDE) P
Storage outside (refer to Section 106-
444(b) * P(ACDE) P
ORDINANCE NO. 1_-BB e
PAGE 4
* - Not allowed.
Uses (SIC Code
Zones
BI LI HI
Wholesale trade:
Durable goods-light (502,504,507,5082,
5087,5094) P P P
Durable goods-medium (501) P P P
Durable goods-heavy (503, 5051, 5082- * C P
5085,5088)
Durable goods-heavy (5052,5093) * * P
Wholesale trade:
Nondurable goods-light (511-514,518) P P P
Nondurable goods-medium (5172,5191-
5199) C P P
Nondurable goods-heavy (515, 516, 5171) * * P
Manufacturing Industries:
Chemicals and allied products (282-285) * P(ACDE) P
Electrical and electronic equipment and
supplies
Light (361-365, 367) P(ACDE) P(ACDE) P
Medium (361, 366, 369) P(ACDE) P(ACDE) P
Fabricated metal products and machinery
Light (341-345,358,3592) P(ACDE) P(ACDE) P
Medium (3493, 3498, 351-353, 356) * P(ACDE) P
Heavy(346,347,354,355,357) * P(ACDE) P
Heavy(348) * * P
Food and kindred products
Light (202, 205, 2065-2067) P(ACDE) P(ACDE) P
Medium (2086, 2087, 2092-2099) C P(ACDE) P
Heavy(201,203,204,2062,2063,207,
ORDINANCE NO. 1_- BB e
PAGE 5
2082-2085) * C P
* - Not allowed.
Uses (SIC Code #)
Zones
BI LI HI
Leather and leather products (311-319) C P(ACDE) P
Welding shops (7692) P(ACDE) P(ACDE) P
Lumber products, furniture and fixtures
Light (251-259) P(ACDE) P(ACDE) P
Medium (243-245) C P(ACDE) P
Heavy (249) * C P
Measuring, analyzing and controlling in-
struments (381-387) P(ACDE) P(ACDE) P
Miscellaneous manufacturing (391-396) P(ACDE) P(ACDE) P
Machine shops (3599) P(ACDE) P(ACDE) P
Miscellaneous manufacturing industries
(3991-3995) * P(ACDE) P
Off-premises freestanding signs See article VII of this chapter
On-premises freestanding signs See article VII of this chapter
Paper and allied products (265-267) * * p
Printing and publishing (271-279) P(ACDE) P(ACDE) P
Rubber and miscellaneous plastics (301,
302,304,306,307) * C P
Stone, clay, glass and concrete (321-325,
3261,327-329) * C P
Tank truck cleaning * * P
Textile mill, and finished products
Light (224, 225, 231-239) P(ACDE) P(ACDE) P
Medium (222, 223, 226, 229) * P(ACDE) P
ORDINANCE NO. 11- BB
PAGE 6
e
Tobacco manufacturers (211-214)
* - Not allowed.
*
P(ACDE)
P
Uses (SIC Code #)
BI
Zones
LI
HI
Loading berths at the front or sides of
buildings adjacent to R.O.W.
C
C
C
C
Industrial PUD (refer to section 106-636)
C
C
Facilities in excess of height restrictions
imposed in Section 106-522
*
*
c
Unlisted uses, similar to uses listed above
c
c
c
(b) Interpretation and enforcement. Property uses, except as provided for by section
106-521 (a), Table A, are prohibited and constitute a violation of this chapter.
(c) Footnotes. All permitted uses in industrial zones must meet the following minimum
performance standards. If requested by the enforcement officer, all applications for
building permits must include a certification from a registered engineer that verifies
compliance with these performance standards. Where applicable, all permitted uses in
industrial zones must meet and be in compliance with the appropriate federal, state, or
local regulations.
A. Lighting and glare. Any lighting used shall be arranged so as to deflect light away
from any adjoining residential zone or from public streets. Direct or sky-reflected
glare, where from floodlights or from high temperature processes such as
combustion or welding shall not be directed onto any adjoining property. The
source of lights shall be hooded or controlled in some manner so as not to light
adjacent property. Bare incandescent light bulbs shall not be permitted in view of
adjacent property or public right-of-way, Any light or combination of lights which
cast light on a public street shall not exceed one footcandle (meter reading) as
measured from the centerline of such street. Any light or combination of lights
which casts light on residential property shall not exceed 0.4 footcandles (meter
reading) as measured from such property.
B. Radiation and electrical emissions. No activities shall be permitted that emit
dangerous radioactivity beyond enclosed areas. There shall be no electrical
disturbance adversely affecting the operation at any point of any equipment
other than that of the creator of such disturbance.
C. Smoke. The emission of smoke by any use shall be in compliance with and
ORDINANCE NO. 11-BB
PAGE 7
e
regulated by the appropriate federal, state or local agency.
D. Dust or other particulate matter The emission of dust, fly ash or other particulate
matter by any use shall be in compliance with and regulated by the appropriate
federal, state or local agency.
E. Odors. The emission of odor by any use shall be in compliance with and regulated
by the appropriate federal, state or local agency.
F. Explosives. No activities involving the storage, utilization, or manufacture of
materials or products such as TNT or dynamite which could decompose by
detonation shall be permitted except such as are specifically licensed by the city
council.
G. Noise. All noise shall be muffled so as not to be objectionable due to
intermittence, beat frequency or shrillness and as measured at any property line,
shall not exceed the following intensity in relation to sound frequency:
Octave Band Frequency
Maximum Sound Levels - Decibels
Cycles per Second
Lot Line
H
Residential
District Boundary
20 to 75
75 to 150
150 to 300
300 to 600
600 to 1,200
1,200 to 2,400
2,400 to 4,800
Above 4,800
Impact Noise
78
74
68
61
55
49
43
41
80
63
59
55
51
45
38
31
25
55
Between the hours of 10:00 p.m. and 6:00 a.m. the permissible sound levels
beyond residential district boundaries (both Column II and Impact) shall be six
decibels less than shown above.
In distances where it is determined that a proposed land use may generate a
level of noise that will impact on surrounding land uses, the planning and zoning
commission and city council may require that efforts to reduce the potential noise
impact be undertaken. These efforts may include screening, landscaping and site
planning techniques.
ORDINANCE NO.11---BB
PAGE 8
e
(Ord. No. 1501 U, ~ A(art. B), 9-23-96)
Cross reference-Sexually oriented businesses, ~ 90-31 et seq."
Section 6.
Section 1 06-522 of the Code of Ordinances of the City of La Porte,
Texas is hereby amended to read as follows:
"Sec. 106-522. Table B, industrial area requirements.
(a) Table B, industrial area requirements.
Minimum
Yard
"Minimum Maximum Setbacks
Landscaping Lot F.R.S.
Requirements Coverage 1.3,5
Uses (percent) (percent) (feet)
BI business-industrial park: 6 50 50-40-30
all permitted or conditional
L1l1ght industrial district; 6 70 20-10-10
all permitted or conditional
HI hea~ industrial diStrict; 6 30 50-50-30
all perm tted or condltiona
Loading docks N/A N/A 130-130-130
Outside storage
N/A
N/A
20-10-5
On- and off-premises free-
standing signs
Freestanding on-premises
signs located in controlled ac-
cess highway corridors
See article VII of this chapter
See article VII of this chapter
Adjacent to
Residential
Minimum
Yard
Setback
F.R.S.
2.5
(fe e t)
50-40-30
Maximum
Height
(feet)
45
30-50-50
45
100-150-150
45'
Same as
principal
use plus
130 ft.
N/A
Same as
principal
use
Section 106
444(b)
(b) Footnotes.
1. A minimum landscape setback of 20 feet will be required adjacent to all
designated conservation areas. Buildings, parking areas, loading docks, outside
storage, and refuse containers will not be allowed in such setback areas. These
areas are to be landscaped with trees, shrubs, and ground cover, with a planting
plan required to be submitted and approved by the enforcement officer. Required
landscaping must be maintained by the property owner and/or occupant.
ORDINANCE NO. 1_- aa
PAGE 9
e
areas are to be landscaped with trees, shrubs, and ground cover, with a planting
plan required to be submitted and approved by the enforcement officer. Required
landscaping must be maintained by the property owner and/or occupant.
2. No buildings, parking areas, loading docks, outside storage, or refuse containers
will be allowed in such setback areas. These areas are to be landscaped with
trees, shrubs and ground cover, with a planting plan required to be submitted
and approved by the enforcement officer.
3. Side and rear yard setbacks may be reduced to zero if adjacent to railroad
right-of-way, or rail service spurs.
4. See article V, division 4 of this chapter for additional requirements.
5. No sign shall be located in a required sight triangle in such a manner as to
obstruct traffic visibility at a level between three feet and six feet as measured
above adjacent road grade.
6. Height restrictions may be modified as a Conditional Use, provided that no
modification of height restrictions may occur adjacent to property zoned
residential or commercial. Provided further that no modification shall be
permitted if said modification would pose a danger to life or property.
(Ord. No. 1501-X, ~ 5,12-16-96)"
Section 7. Section 1 06-772 of the Code of Ordinances of the City of La Porte,
Texas is hereby amended to read as follows:
"Sec. 106-772. Height requirements.
Th~ building height limits established in this chapter for distances shall not apply to the following
except if they are located within an airport height restriction area:
(1) Belfries;
(2) Chimneys or flues;
(3) Church spires, not exceeding 20 feet above roof;
(4) Cooling towers;
ORDINANCE NO. 15...BB
PAGE 10
e
(5) Cupolas and domes which do not contain usable space;
(6) Elevator penthouses;
(7) Flagpoles;
(8) Monuments;
(9) Parapet walls extending not more than three feet above the limiting height of the building;
(10) Water towers;
(11) Poles, towers, and other structures for essential services;
(12) Necessary mechanical and electrical appurtenances;
(13) Television and radio antennas not exceeding 20 feet above roof;
(14) Wind electrical generating equipment.
(15) Heavy Industrial (HI) facilities, with a Special Conditional Use Permit. See Section
106-521 and Section 106-522."
Section 8. 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
($2,OOO.OO). Each day a violation of this ordinance shall continue shall constitute a
separate violation.
Section 9. If any section, sentence, phrase, clause, or any part of any section,
sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such
invalidity shall not affect the remaining portions of this Ordinance, it is hereby declared to
be the intention of the City of Council to have passed each section, sentence, phrase, or
clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or
clause, or part thereof, may be declared invalid.
ORDINANCE NO. 11- BS
PAGE 11
e
Section 10. The City Council officially finds, determines, recites and declares that
a sufficient written notice of the date, hour, place and subject of this meeting of the City
Council was posted at a place convenient to the public at the City Hall of the city for the
time required by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been open to the public
as required by law at all times during which this ordinance and the subject matter thereof
has been discussed, considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the contents and posting thereof.
Section 11. This Ordinance shall become effective fourteen (14) days after its
passage and approval. The City Secretary shall give notice to the passage of the notice
by causing the caption to be published in the official newspaper of the City of La Porte at
least twice within ten (10) days after the passage of the Ordinance.
PASSED AND APPROVED THIS THE .rJ!!:DAY OF 5ep1-p WJber ,1998.
:~;t:~
V ~~ MA , Mayor
ATTEST:
By:
MAR HA GillETT,
City Secretary
e
e
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, Editor & Publisher of
The Bayshore SUn, a seni-weekly na.l5paper published
in the City of Ia Porte, Harris C'..ounty, Texas, and
~.1ho after being duly S\'JOrn, says the attached notice
'tas published in The Bayshore SUn of Al:l.Sl'lst 02.
(WL,
John Black ,
Editor & Publisher
~ subscribed before me this 1:!:!... day of
. , 19 9 i .
~J.~
Sandra E. Bt llllgaDler
Notary Public
Harris County, Texas
La Pone, Texas 77571
COpy (713) 471-1234
NOTICE OF PUBL!C HEARING
In accordance V'..itt !he pl'Ollisions of 1he Code
of Ordinances. City of La Porte. Texas.
Chapter 106, notice is hereby given that !he
La Forte Plan i an oning Commission
will cond Ii earing at 6p.m. on
the 20 ust, 1998, In the
Rea&dan Fitness
roadway, La ~rte.
f this hearing is to
t Chapter 106.
of Code f
. all
A regular meeting of Ih Planning and Za*1g
Commission will follow the public matters
pertaining to Ihe Commission.
Citizens wishing to address the
Commission pro or con during the public
hearing will be required to sign in before
the meeting is convened.
CITY OF LA PORTE
Martha Gillett
CIty Secretary
EXHrBJT A
e
City of La Porte
Established 1892
August 21, 1998
Honorable Mayor Norman Malone and City Council
City of La Porte
Dear Mayor Malone:
The La Porte Planning and Zoning Commission, during its August 20, 1998,
meeting, considered a proposed amendment to Chapter 106 of the Code of
Ordinances regarding height restrictions in Heavy Industrial zones.
The Planning and Zoning Commission has, by a unanimous vote, recommended
that City Council consider approving this amendment to the Code of Ordinances.
Respectfully Submitted,
~Z~
Planning and Zoning Commission, Chairperson
c: Robert T. Herrera, City Manager
John Joems, Assistant City Manager
John Armstrong, Assistant City Attorney
Planning and Zoning Commission
EXHIBIT B
P.O. OllX 1115 · La Porte. Texrls i7572-1115 · (713) 471-5020
1200 Hwy. 146 ."
Suite 180
P.O. Box 1414
COUnty of Harris
State of Texas
e
e
La Pone, Texas 77571
(713) 471-1234
,'re Sun
Before me, the undersigned authority, on this date
came and appeared John Black, Editor & Publisher of
The Bayshore Sun, a seni-\oleek1y nelspaper published
in the City of I.a Porte, Harris C..ounty, Texas, and
~.mo after being duly ~~rn, says the attached notice
\'laS published in The Bayshore Sun of 2\ugust 26, 1998 .
~~~Q,'
John Black .
Editor & Publisher
~ subscribed before me this ~ day of
. "'-' , 19q J .
J-,J",,~, ~~
Sandra E. B\1mgarner
Notaxy Public
Harris County, Texas
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
,. A regular meeting of the City Council win
toIlow the publiC hearing for the purpose
of acting upon the public hearing items and
to conduct other metters pertaining to the
Council.
CItIz8ns wishing to address the Council pro
or con during the public hearing will be
required to sign in before the meeting Is
corMned.
CITY OF LA PORTE
Martha Gillett
City Secretary
EXHfBrr C
e
City of La Porte
Established 1892
September 9, 1998
Mr. Ron Evans, Manager
PPG Industries, Inc.
P.O. Box 995
La Porte, Texas 77572-0995
Dear Mr. Evans:
By this letter, PPG Industries, Inc. is hereby authorized to construct a parking lot over the alleys
in Blocks 861 and 868 and "H" Street between 15th and 16th Street (see attached Exhibit "A") in
accordance with the following terms and conditions:
1) The parking lot will be considered temporary and the term of this authorization shall not
exceed three (3) years.
2) Extensions to this authorization may be granted at the sole discretion of the City of La Porte,
based upon special circumstances.
3) The parking lot shall be constructed and maintained to be dust-free.
4) Upon termination of this authorization, all material used to construct the parking lot shall be
removed from the referenced street and alleys.
5) Nothing in this authorization shall limit the ability of the City of La Porte or its franchised
utility companies from installing and maintaining utility lines within the street and alleys.
6) Construction of the parking lot will require a building permit from the City of La Porte.
Issuance of a building permit will be based upon satisfactory compliance with City of La
Porte ordinance requirements as demonstrated on the submitted site plan.
7) PPG Industries recognizes that these streets and alleys are dedicated public rights-of-way and
further acknowledges that temporary permission to occupy the rights-of-way does not grant
or convey any expressed or implied interest in the rights-of-way.
The terms and conditions of this authorization are hereby agreed to:
CITY OF LA PORTE
G?o&J: 'T ~
PPG INDUSTRIES, INC.
t:lZ4:.~
,.....---- Manager, EH & S
City Manager
r.O.Box IllS · La Pllne.Texas 77572-1 115 · (713)471.5020
e
11
12
13~
-'4 [ BLK.#
15 833
18
22
21
20
18
18
17
12
13~
14 J BlJ(.# l
~_832 j
18 ~
21
20
18
18
17
e
." I
..~ 20 -
Ail BLJ(.# 18 -
I---
15 831 ~ I-
18 17 l-
i.--
I
r-s2 -
1 f--
2 ""31 -
3 30 -
4 ~ ~
5 ~ -
8 ---z7 N.T.S. -
. 7 2i . .......
lii 25 I-
8 en-
J: 8 -24 X-
li; 10 23 1-1-
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... 12 8LJ(.# 21 ~
. .
en 13 882 20 en
14 18 -
15 18
18 17
WEST G ST.
1
2
3
4
5
8
7
ti 8
8
J: 10
to 11 ~
.-i12fBU<.#
. r1il 881
en 14~
15
~
~ 1 / ~
I- r 1 ~...-~ 2 1/ 31
~ TEMPORARY STREET 3 II:
~ ~D ALLEY ~SE ~:
8 a 7 a
7 a 8 25
8 25 I 24
~Io BLJ(.':: ~~ :
11 869 22 12 21
U ~ 20
13
~ 20 M ~
M m D
15
". U
18
18 17
1
2
3
4
~
31
30
28
8
7
. 8
I- 8
en 10
J:~'
t:: 12 BUUI
.- 13 880
ui 14
15
18
a
a
25
24
23
22
21
20
18
18
17
WEST H ST.
i--
-
-
-
-
-
-
-
I--
~
-
~
31
30
28
V 28
a
a
25
24
23
22
21
20
18
18
1 ~
2 31
3 30
-28
4 /"--.,
5l BU<.tI 28
~~ :
-25
8
I 24
'- 10 23
~ 11 22
~ 21
'''-. "- ~
-
PROPOSED P.P.G
PARKING LOT
WEST I ST. 1 ~
~
- ~ 1 m. 31
1 ~ 31 30 -
- ~ 31
~ 30 4- 28
~ 4891 28 IS 28
28 28
5 a
f---- 28 a 8
EXHIBIT "A"-
PROPOSED TEMPORARY PARKING LOT
FOR P.P.G. CONSTRUCTION SITE
e e
REQu!T FOR CITY COUNCIL AG&A ITEM
Agenda Date Requested: 9-14-98
Requested By: Doug Kneupp~
X Report Resolution
Department: Planning
Ordinance
Exhibits:
1. Letter from Planning & Zoning Commission Dated 9-4-98
2. Special Conditional Use Permit #98-002
3. Sketch of Proposed Structure
4. Site Plan
Summary Be Recommendation
The Planning and Zoning Commission met on Septembef 3, 1998, to consider approval of Special
Conditional Use Permit #SCU98-002. The applicant, Ron Evans, fOf PPG Industries, is seeking a
permit for development of a pharmaceutical unit that will be located on the PPG site in the 1900
Block of Avenue "H" Street at South 16th Street. The proposed structure exceeds the maximum
height of 45 feet currently allowed in Heavy Industrial Zones. .
Granting a Special Conditional Use Permit to PPG will allow construction of a facility with an
estimated height of 90 feet. The facility will be located approximately 460 feet from Fairmont
Parkway and 350 feet from South 16th Street. In the immediate area thefe is an existing stack that is
approximately 75 feet Of highef that is pfe-existing. Also nearby, thefe is a communications towef
that was constructed priOf to the ordinance change regulating communication towers.
Public notices were mailed to ten surrounding property ownefS. The City feceived two favofable
fesponses to the request.
The Planning and Zoning Commission has unanimously voted to recommend City Council approval
of Special Conditional Use Permit #SCU98-002.
Action Required by Council:
1. Conduct Public Hearing.
2. Consider approval of Special Conditional Use Permit #SCU98-002.
Availability of Funds: N/ A
General Fund
Capital Improvement
Other
Water /W astewater
General Revenue Sharing
Account Number:
Funds Available:
Yes
No
Approved for City Council Agenda
Q~T'~
Robert T. Herrera
City Manager
q -C[ -1 ~
Date
e
e
Ciltty o~ ILeal JPOJrlce
Established 1892
September 4,1998
Honorable Mayor Norman Malone and City Council
City of La Porte
Dear Mayor Malone:
The La Porte Planning and Zoning Commission, during a special called meeting
and public hearing on September 3, 1998, considered a request by PPG
Industries for a Special Conditional Use Permit. If approved, Special Conditional
Use Permit #SCU98-002 will allow construction of a structure that exceeds the
current maximum height limit of forty-five feet in a Heavy Industrial zone.
The Planning and Zoning Commission has, by a unanimous vote, recommended
that City Council consider approval of Special Conditional Use Permit #SCU98-
002.
Respectfully Submitted,
A~r[)~
/~~-~-
Betty T. Waters
Planning and Zoning Commission, Chairperson
c: Robert T. Herrera, City Manager
John Joerns, Assistant City Manager
John Armstrong, Assistant City Attorney
Planning and Zoning Commission
P.O. Box 1115 "LrlPorte.Texas77572-1115 0 (713)471-5020
e
e
City of La Porte
Special Conditional Use Permit
Ordinance 1501
Permit # SCU 98-002
This pennit is issued to:
P.P.G. Industries, Inc., by Ron Evans
Owner or Agent
PO Box 995, La Porte, Texas 77572-0995
Address
For Development of:
P.P.G. Industries, Inc. - Pharmaceutical Unit
Development Name
1901 Ave. "H" @ 16th Street, La Porte, Texas
Address
Legal Descriptiol1l:
Blocks 839, 859, 870, 869, 896, Parts of Blocks 833, 860, 895,
and Streets and Alleys enclosed therein, Town of La Porte,
J. Hunter Survey, A-35, La Porte, Harris County, Texas.
Zoning:
Heavy Industrial
Pennit Conditions
Failure to begin construction within one (1) year after issuance or as scheduled under the
terms of a special conditional use permit shall void the permit as approved, except upon an
extension of time granted after application to the Planning and Zoning Commission.
If construction is terminated after the completion of any stage and there is ample evidence that
further development is not contemplated the ordinance establishing such special conditional
use permit may be rescinded by the City Council, upon its own motion or upon the
recommendation of the Planning and Zoning Commission of the City of La Porte, and the
previous zoning of the entire tract shall be in full effect on the portion which is undeveloped.
The foJ/owing speclfic conditions shall also apply:
1. The processing unit or tower shall be enclosed within a metal structure.
2. The structure shall be coated to match the existing facilities.
3. The finished height of the structure shall not exceed ninety feet (90').
Validation Date:
9/14/98
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VICINITY MAP
N.T.S.
~
1. tHIS TRACT SU8.l::CT TO INDU$TRI"'l o\CREEM[NT
OF T'riE aTY or LA PORTE.
2. 1H!5. lRAtI lIES PARnALlY IN ZONE X. AREA
C1UfSIOE !GO 'rEAR F1..OCD .......
NAME or ~: P.p.Co ....$TRlES. DC.
TYPE: OF ~T: HEW IMDUSTIUAL BlJIU)INC5 __
"0MEJt P,P.G. M)US'IRIES. 'INC.
.....,p, lIND['I[RWlN[D
LEGAL DESCRP1IDN: ALL BI.OCICS 131. 89. 17D.
lilt. 8M. PARTS Of" III..OCM5
1!J.860. B'S, .\NO 5TotE[l5
AND AU.El'S EHa.c5ED 1HERDN.
TOWN t:I LA PCR'IE. J. HUNlER
SUR\'E'f. A-35. LA PORtE. HARRIS
aJUNT'r." TEX...s" BEING 23.7 ACRES
MORE. OR LEss.
... ADDRES:2 10 BE F\IIUGSHED BY aT'/'
ZCINED: .... - HEAV1" DlDUSTRlA&.
nus IS TO CElfTlrT no'" T"E Q1Y or LA PORrt.
lEXAS "AS APDROl,[tl ir415 Silt PLAN AND DE~NT
OF' P.P.C_ INDUSTRIES, INt.. IN CQllil~QllUANCE
_Dot THE L....as OF Tl1[ STATE QI' ltx"s. AND tHE
QRDSNANCES OF THE aTY or LA ~Tt.
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!OUEST FOR CITY COUNCIL AGENAEM
AGENDA DATE September 14. 1998 REQUESTED BY Jeff Litchfield. Finance Director/ACM
_ REPORT; _ RESOLUTION; XX ORDINANCE;
The City Council held budget workshops on August 17, 18, and 19, 1998 to discuss proposed
budgets for the fiscal year beginning October 1, 1998 and ending September 30, 1999.
The Summary of Funds, which is shown below, represents the result of the workshops held with
City Council. All changes made by Council were incorporated into the various budgets.
General Fund
Hotel/Motel Occupancy Tax
Economic Development
Utility
Sylvan Beach
Airport
La Porte Area Water Authority
Golf Course
Motor Pool
Computer Fund
Employee Health Services
General Capital Improvement
Utility Capital Improvement
Sewer Rehabilitation Capital Improvement
Infrastructure Fund
General Debt Service
Utility Debt Service
La Porte Area Water Authority Debt Service
Total of All Funds
$ 21,887,740
284,500
100,000
6,020,580
147,677
16,775
1,418,126
1,474,955
1,621,394
135,371
1,375,950
3,124,000
727,000
350,000
485,000
2,069,572
798,548
824.648
42,861,836
Incorporated into the budget are various rate changes. In the Golf Course, green fees and cart
rentals are being increase $1 and $2 respectively. In the Utility Fund, the base sewer rate for
residential consumers will be reduced by 28.5%. The rates for the Recreation and Fitness
Center will be increased by about 10%. There is no change in the Tax Rate, which has
remained constant for the last nine years.
ACTION REQUIRED BY COUNCIL: Adopt Ordinance Approving Fiscal Year 1998-99 Budget.
FUND N/A
ACCT NUM: N/A
FUNDS AVAILABLE: N/A
APPROVED FOR CITY COUNCIL AGENDA
G~T.~
ROBERT T. HERRERA, CITY MANAGER
q-~...tt~
DATE
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ORDINANCE NO. 98- 2276
CQ;@[P)W
AN ORDINANCE APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF LA PORTE, TEXAS,
FOR THE PERIOD OF OCTOBER 1, 1998 THROUGH SEPTEMBER 30, 1999; FINDING THAT ALL
THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF
SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
WHEREAS, the Charter of the City of La Porte, Texas, and the Statutes of the State of Texas, require that
an annual budget be prepared and presented to the City Council of the City of La Porte, Texas, prior to the
beginning of the fiscal year of said City, and that a public hearing be held prior to the adoption of said
Budget; and
WHEREAS, the Budget for the fiscal year October 1, 1998, through September 30, 1999, has heretofore
been presented to the City Council and due deliberation had thereon, was filed in the office of the City
Secretary on August 10, 1998, and a public hearing scheduled for September 14, 1998 was duly advertised
and held.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
SECTION 1: That the Budget for the City of La Porte, Texas, now before the said City Council for
consideration, a complete copy of which is on file with the City Secretary and attached hereto by reference
as Exhibit "A", is hereby adopted as the Budget for the said City of La Porte, Texas, for the period of October
1, 1998, through September 30, 1999.
SECTION 2: Be it FURTHER ORDAINED, that the said City Council finds that all things requisite and
necessary to the adoption of said Budget have been performed as required by charter or statute.
SECTION 3: The City Council officially finds, determines, recites and declares that a sufficient written notice
of the date, hour, place and subject of this 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 Govemment 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 4: This Ordinance shall be in effect from and after its passage and approval.
PASSED AND APPROVED this the 14th day of September, 1998.
~iAd- NiUui
artha Gillett, City Secretary
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!aUEST FOR CITY COUNCIL AGEN~TEM
AGENDA DATE September 14.1998 REQUESTED BY Jeff Litchfield. Finance Director/ACM
_ REPORT; XX RESOLUTION; _ ORDINANCE;
On August 29, 1998, ihe City of La Porte received the Certified Appraisal Roll from the Harris
County Appraisal District.
Section 26.04 of the State Property Tax Code requires the submission of the Appraisal Roll to the
Governing Body.
The 1998 Certified Tax Roll for the City of La Porte, as received from the Harris County Appraisal
District (HCAD), shows a total appraised value of $1,326,895,940 and a total taxable value of
$1,182,368,230.
ACTION REQUIRED BY COUNCIL:
Approve Resolution for acceptance of the appraisal roll.
FUND N/A
ACCT NUM: N/A
FUNDS AVAILABLE: N/A
APPROVED FOR CITY COUNCIL AGENDA
GMT.~
ROBERT T. HERRERA, CITY MANAGER
q -q -I:i '6
DATE
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RESOLUTION NO. 98- 10
CGCQ)~W
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, ADOPTING THE 1998
APPRAISAL ROLL OF THE HARRIS COUNTY APPRAISAL DISTRICT.
WHEREAS, the Harris County Appraisal District has submitted to the City Council of the City of La Porte,
for approval, the 1998 tax appraisal roll; and
WHEREAS, the City Council is of the opinion that the 1998 appraisal roll with the amounts shown therein
should be adopted;
WHEREAS, the Harris County Appraisal District has reported to the City Council that there was situated in
the City of La Porte, as of January 1,1998, property with a total appraised value of $1,326,895,940 and a
total taxable value of $1,182,368,230;
WHEREAS, new persons I property added to the appraisal roll had a total taxable value of $2,927,200 as
of January 1, 1998;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, THAT:
Section 1. the 1998 taxable roll in the amount of $1,182,368,230, as submitted by the Harris County
Appraisal District is hereby adopted;
Section 2. the City Council officially finds, determines, recites and declares that a sufficient written notice
of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to
the public at the offices of City of La Porte for the time required by law preceding this meeting, as required
by the Open Meetings Law, Chapter 551, Texas Govemment Code; and that this meeting has been open
to the public as required by law at all times during which this resolution 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.
PASSED AND APPROVED this the 14th day of September, 1998.
~4 Ai/lid
Ma h~iIIett, City Secretary
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ItEQUEST FOR CITY COUNCIL AGENIITEM
AGENDA DATE September 14.1998 REQUESTED BY Jeff Litchfield. Finance Director/ACM
_ REPORT; _ RESOLUTION; XX ORDINANCE;
The Fiscal Year 1998-99 Budget was built around a tax rate of 71 cents per hundred dollar
valuation.
A breakdown of the tax rate is as follows:
General Fund = 57 cents per hundred dollar valuation
Debt Service = 14 cants per hundred dollar valuation
The tax rate of 71 cents is the same rate that has been adopted for the last nine years.
ACTION REQUIRED BY COUNCIL:
Approve Ordinance establishing the tax rate for Fiscal Year 1998-99 at 71 cents per hundred
dollar valuation.
FUND N/A ACCT NUM: N/A
APPROVED FOR CITY COUNCIL AGENDA
G~\. ~
ROBERT T HERRERA, CITY MANAGER
FUNDS AVAILABLE: N/A
j-lO-'lS
DATE
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~@tP~
ORDINANCE NO. 98- 2277
AN ORDINANCE LEVYING TAXES UPON TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT TO
TAXATION IN THE CITY OF LA PORTE, TEXAS; MAKING APPROPRIATIONS FOR SUPPORT,
MAINTENANCE, AND IMPROVEMENT OF THE CITY GOVERNMENT OF SAID CITY OF LA PORTE;
FINDING THAT ALL REQUIRED NOTICES HAVE BEEN PUBLISHED AND ALL REQUIRED HEARINGS
HELD; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE
Sedion 1. That there is hereby levied for the fiscal year beginning October 1, 1998, and ending September
30, 1999, on all real property situated and all personal property owned within the taxable limits of the said
City of La Porte, on the first day of January, 1998, except so much as may be exempt under the constitution
and laws of the United States, this State, and the City of La Porte, the following taxes:
(1) An Ad Valorem Tax of and at the rate of fifty-seven cents ($.57) on the one hundred dollars
($100.00) cash value thereof, estimated in lawful currency of the United States for the current
expenses for the support, maintenance, and improvement of the City Govemment of said
City of La Porte; and
(2) An Ad Valorem Tax of and at the rate of fourteen cents ($.14) on the one hundred dollars
($100.00) cash value thereof, estimated in lawful currency of the United States, to pay
current interest on and provide one year's sinking fund and to pay all of the Principal and
Interest accruing on all outstanding general obligation bonds and certificates of obligation
lawfully issued by the City of La Porte.
That this provides the sum of total Ad Valorem tax at the rate of seventy-one cents ($.71) on the one
hundred dollars ($100.00) cash value thereof, estimated in lawful currency of the United States.
Section 2. All property upon which a rate of taxation is hereinabove levied shall be assessed on a ratio of
one hundred percent (100%) of the estimated market value thereof.
Sedion 3. That the sums hereinafter accruing and collected from the hereinabove taxes so levied be and
the same are hereby appropriated for the support, maintenance, and improvement of the City Government
of the City of La Porte.
Sedion 4. The City Council officially finds, determines, recites and declares that all notices required by law
have been published, and that a public hearing as required by law was duly called and held, and that all
matters prerequisite to the establishment and levy of an ad valorem tax have been accomplished, all as
required by the laws of the State of Texas, and the Home Rule Charter of the City of La Porte.
Sedion 5. If any section, sentence, phrase, clause, or any part of any sedion, sentence, phrase, or clause,
of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affed the remaining portions
of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each
section, sentence, phrase, or clause, or part thereof, irrespedive of the fact that any other sedion, sentence,
phrase, or clause, or part thereof, may be declared invalid.
98-2277
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Section 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of
such conflict only.
Section 7. The City Council officially finds, determines, recites and declares that a sufficient written notice
of the date, hour, place, and subject of this meeting of the City Council was posted at a place convenient
to the public at the City Hall of the City for the time required by law preceding this meeting, as required by
the Open Meetings Law, Chapter 551, Texas Govemment Code; and that this meeting has been open to
the public as required.
Section 8. This Ordinance shall be in effect from and after its passage and approval.
PASSED AND APPROVED this the 14th day of September, 1998.
fDllk M/ft
ity Secretary
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_EQUEST FOR CITY COUNCIL AGE. ITEM
AGENDA DATE September 14. 1998 REQUESTED BY Jeff Litchfield Finance Director/.
_ REPORT; _ RESOLUTION; XX ORDINANCE;
The 1998-99 Golf Course Budget included an allowance for certain changes to the rates at the
Bay Forest Golf Course.
Specifically the rate for weekday/weekend green fees will increase by $1 for both residential and
non-residential players. In addition, the cost for golf cart rental will be increased by $2 for
doubles and $1 for singles. The projected impact of these changes is a $60,000 increase in
revenues. A table of the current and new rates is shown below.
Current Proposed
Resident - Weekday $10 $ 11
Resident - Weekend 15 16
Nonresident - Weekday 12 13
Nonresident - Weekend 18 19
Cart Rental - 18 hole Double 18 20
Cart Rental - 18 hole Single 12 14
Cart Rental - 9 hole Double 12 13
Cart Rental - 9 hole Single 9 10
ACTION REQUIRED BY COUNCIL:
Approve Ordinance 1587-J, changing certain rates at the Bay Forest Golf Course.
FUND N/A ACCT NUM: N/A
APPROVED FOR CITY COUNCIL AGENDA
~~~
ROBERT T HERRERA, CITY MANAGER
FUNDS AVAILABLE: N/A
9-q-qg
DATE
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(Q;CQ)~~
ORDINANCE NO. 1587-J
AN ORDINANCE AMENDING APPENDIX A, CHAPTER 50, ARTICLE II GOLF
COURSE, SECTIONS 50-3(a)-(c), INCLUSIVE, OF THE CODE OF ORDINANCES OF
THE CITY OF LA PORTE; CONTAINING A REPEALING CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW AND PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
SECTION 1. Effective October 1, 1998, the City Council of the City of La Porte hereby
establishes the following user fees for car rental and green fees for he Bay Forest Golf
Course.
Golf Cart:
$10.00/9 holes, single
$13.00/18 holes, single
$14.00/9 holes, double
$20.00/18 holes, double
Green Fees:
$11.00 - Weekday Resident
$16.00 - Weekend Resident
$13.00 - Weekday Non-Resident
$19.00 - Weekend Non-Resident
SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby
repealed to the extent of such conflict only.
SECTION 3. The City Council officially finds, determines, recites and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City
Council was posted at a place convenient to the public at the City Hall 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 tirnes 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 4. This Ordinance shall be in effect from and after its passage and approval.
PASSED AND APPROVED this he 14th day of September, 1998.
CITY OF LA PORTE, TEXAS
~
Ordinance No. 158.
Page 2
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ATTEST:
~4..uJ1ttcl
M rtha Gillett, City Secretary
APPROVED:
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/REQUEST FOR CITY COUNCIL AGENDA ITEM
Exhibits:
1.
ORDINANCE 1829-8, AN ORDINANCE ESTABLISHING ADJUSTED
RATES FOR THE USE OF THE LA PORTE RECREATION AND
FITNESS CENTER.
SUMMARY AND RECOMMENDATION
In February of this year, at a City Council workshop, staff presented an overview of La Porte
Recreation and Fitness Center operations, with two purposes; 1) an eye toward reducing the
onerous four level membership fee structure with a 2 level plan that was revenue neutral, and 2)
to review operations to assure that, although the City is subsidizing the rates La Porte residents
pay, non-La Porte residents were paying their fair share. At that time, Council indicated that we
should go ahead and look at a fee structure that would better anticipate the future needs of the
Recreation and Fitness Center. The new rates in this proposed ordinance should result in an
approximate ten percent (10%) increase in revenues generated by the RFC in the future. We do
not know which citizens will choose the basic and which will choose the deluxe plan so we cannot
know for sure what the resulting increase in revenues will be.
We have made a substantial number of improvements at the RFC this year including resurfacing
of the pool, new weight equipment, and, if approved tonight, a new gymnasium floor. There are
additional improvements included in the upcoming budget for the RFC that will continue to make
it a state-of-the-art facility, and this ordinance, if approved, will allow continued improvements
over future years to assure a first class facility.
Staff Recommendaiion:
Staff recommends that the proposed ordinance establishing adjusted rates for the use of the La
Porte Recreation and Fitness Center be approved.
Action Required by Council:
Consider approval of the proposed ordinance establishing adjusted rates for the use of the La
Porte Recreation and! Fitness Center.
Availability of Fund$:
General Fund WaterlWastewater
Capital Improvement General Revenue Sharing
XX N/A
Account Number: Funds Available YES NO
Approved for City Council Aaenda
QMT.~
Robert T. Herrera
City Manager
q-q -f~
Date
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C@[P)1f
ORDINANCE NO. 1829-B
AN ORDINANCE AMENDING CHAPTER 50 PARKS AND RECREATION, ARTICLE V
FITNESS CENTER SECTIONS 50-151 THROUGH 50-154, INCLUSIVE, BY
REPEALING CURRENT SECTIONS 50-151 THROUGH 50-154 AND REPLACING
THEM WITH THE FOllOWING; AND FURTHER AMENDING APPENDIX A-FEES
OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, SECTION 50-152(d)
THROUGH SECTION 50-153(b)(7) BY REPEALING THE FEES ESTABLISHED
HEREIN AND REPLACING THEM WITH THE FOllOWING; CONTAINING A
SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF LA PORTE:
SECTION 1. THE CODE OF ORDINANCES OF THE CITY OF LA PORTE IS
HEREBY AMENDED, BY ADDING NEW SECTIONS 50-151 THROUGH 50-154,
INCLUSIVE, TO CHAPTER 50 OF THE CODE OF ORDINANCES OF THE CITY OF
LA PORTE, WHICH SHALL HEREAFTER READ AS FOLLOWS, TO WIT:
Sec. 50-151. The City Council for the City of La Porte hereby establishes admission
charges for the La Porte Recreation and Fitness Center, and the rights and obligations
that may be obtained by purchase of a membership or by paying a general admission
fee, according to the provisions described herein.
Sec. 50-152. Memberships for the La Porte Recreation and Fitness Center may be
purchased at the Recreation and Fitness Center front desk. A member of the family
must apply in person for the membership.
(1) PROOF OF RESIDENCY: For purchase of resident memberships,
residents must present current water and sewer bill, rental receipt or tax
statement with valid Texas Drivers License. (Drivers License not
acceptable proof by itself).
(2) LA PORTE COMMERCIAL: Is defined as employees and owners whose
workplace is a business or corporation physically located within the
corporate City Limits of the City of La Porte, where taxes on the property
owned or leased, are paid at 100% valuation.
(3) LA PORTE INDUSTRIAL: Is defined as employees and owners whose
work place is a business or corporation physically located within the
Extraterritorial Taxing Jurisdictions of the City of La Porte, Texas, where
taxes on the property owned or leased, are paid on a valuation of 50%.
(4) NON-LA PORTE COMMERCIAL Is defined as employees and owners
whose workplace is a business or corporation physically located outside
the city limits or E.T.J. of the City of La Porte.
Ordinance NO. 1829-1t
Page 2
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(5) Fees established for memberships are as follows:
ADMINISTRATIVE FEE:
An Administrative Fee will be charged memberships to cover the initial
cost of membership cards and other administrative costs. All new
membership plan purchases will be assessed a $10.00 Administrative
Fee, except for daily fee admission. If a membership plan is renewed,
there will be no Administrative Fee charged, if the plan is renewed within
60 days of expiration date. If a membership plan lapses more than 60
days, subsequent membership shall be considered a new membership.
REPLACEMENT CARD FEE:
A fee of $5.00 will be charged for any member who requests a
replacement membership card. In order to track attendance, membership
cards are required for admission into the Recreation and Fitness Center.
Sec. 50-153. MEMBERSHIP FEES
1) BASIC PLAN - FACILITY USE OF ALL AMENITIES, EXCEPT
RACQUETBALL AND POOL MEMBERSHIP
2) DELUXE PLAN - FACILITY USE OF ALL AMENITIES,
INCLUDING RACQUETBALL AND POOL MEMBERSHIP
5) LA PORTE COMMERCIAL MEMBERSHIP
6) LA PORTE INDUSTRIAL MEMBERSHIP
7) NON - LA PORTE COMMERCIAUINDUSTRIAL MEMBERSHIP
8) SWIM AND HANDBALURACQUETBALL PER DAY/USE USAGE
FEES .
9) GUEST FEES
10) HOTEUMOTEL GUEST FEES
A. Facility Use Membership - Basic Plan
The BASIC Plan Membership entitles holder to the use of all facility
amenities, except the swimming pool and racquetball/handball courts.
Resident Non-Resident
1. Daily $ 10.00 $ 20.00
2. Individual Annual $ 70.00 $140.00
3. Individual Quarterly $ 28.00 $ 56.00
4. *Annual Family $140.00 $280.00
Ordinance NO. 1829-'
Page 3
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5.
*Quarterly Family
$ 45.00
$ 90.00
6.
Senior Citizens (60 & over)
1/2 price
*Two adults and children 18 and under, or full time college
student/students living at home to the age of 24.
B. Deluxe Plan Membership
The DELUXE Plan Membership entitles holder to the use of all facility
amenities.
Resident Non-Resident
1. Daily $ 10.00 $ 20.00
2. Individual Annual $120.00 $240.00
3. Individual Quarterly $ 40.00 $ 80.00
4. *Family Annual $240.00 $480.00
5. *Family Quarterly $ 65.00 $130.00
6. Senior Citizens (60 & Over) 1/2 Price
*Two adults and children 18 and under, or full time college
student/students living at home to the age of 24.
C. Commercial. Industrial. and Non-La Porte Commercial/Industrial
Membershio Plan
COMMERCIAL Membership may be purchased by an individual for an annual
term according to the following schedule, and entitles holder to the use of all
facility amenities. These memberships are only available to those
companies/corporations with 10 or more participating employees.
Ordinance NO. 1829-'
Page 4
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. LA PORTE LA PORTE *NON~LA
COMMERCIAL INDUSTRIAL PORTE
COMMERCIAU
INDUSTRIAL
1. Individual Annual $110.0C $120.00 $240.0C
DELUXE Plan
1'10-100 oarticioants)
~. Individual Annual $100.0C $110.0C $230.0C
DELUXE Plan
(over 1 00 participants)
*Resident employees of a Non-La Porte Commercial entity may purchase a
Deluxe Resident Membership independently, and be counted as one of that
entity's enrollment.
D. Daily Swimming Pool Usage Fees & Hourly Racauetball/Handball Usage
Fees.
This option is only available to current members who hold a BASIC Plan
Membership.
Resident
Non-Resident
1.
Daily Swim Pass:
Individual
$3.00
$6.00
2.
Hourly Racquetball/
Handball Pass:
$3.00
$6.00
3.
Senior Citizens (60 & Over)
1/2 Price
E. Guest Fees Any La Porte Recreation/Fitness Center member is allowed
up to three (3) guests per visit. Members assume responsibility for their
guests and must participate together in racquetball/handball activities.
1. There will be a $5.00 per day per guest Facility Use Fee.
2. There will be a $3.00 per guest charge for use of the swimming
pool.
3. An additional $3.00 charge per day/use for racquetball/handball
court will be levied to each guest participating. When guest is
participating with a DELUXE Plan member, this fee will be waived.
Racquetball/Handball Court use by guests, requires a reservation
prior to use.
4. Senior Citizens (60 & Over) 1/2 price
Ordinance NO. 1829-'
Page 5
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F. HOTEL/MOTEL Guest Fee: Registered guests of hotels or motels located
within the City of La Porte city limits, are eligible for facility use of all
amenities of the Recreation and Fitness Center for a daily fee of $5.00.
Sec. 50-154. The Parks and Recreation staff, with approval by the City Manager,
reserves the right to offer special promotions and discounted membership options in
order to stay competitive and current with the fluctuating trends that may occur in the
Recreation and Fitness Center operations.
SECTION 2. If any provision, section, subsection, sentence, clause, or phrase of this
ordinance, or the application of same to any person or set of circumstances is for any
reason held to be unconstitutional, void or invalid, the validity of the remaining portions
of this ordinance or their application to other persons or sets of circumstances shall not
be affected thereby, it being the intent of the City Council in adopting this ordinance that
no portion hereof or provision or regulation contained herein shall become inoperative
or fail by reason of any unconstitutionality, voidness or invalidity of any other portion
hereof, and all provisions of this ordinance are declared to be severable for that
purpose.
SECTION 3. The City Council officially finds, determines, recites and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City
Council was posted at a place convenient to the public at the City Hall 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 4. This ordinance shall be effective beginning business hours on October 1,
1998 pursuant to its passage and approval.
PASSED AND APPROVED, this the 14th day of Seotember. 1998.
CITY OF LA PORTE
BY~@!~~! d~
Norman L Malone, Mayor
Ordinance NO. 1829-'
Page 6
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ATTEST:
1JJ/1itjy,,~
Ma ha Gille ,
City Secretary
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_EQUEST FOR CITY COUNCIL AGE. ITEM
AGENDA DATE September 14.1998 REQUESTED BY Jeff Litchfield. Finance Director/ACM
_ REPORT; _ RESOLUTION; XX ORDINANCE;
Included in the 1998-99 Fiscal Year budget was a change in the sewer rate for La Porte's
residential customers. The rate decrease approximates 28.5% of the base rate.
The current and new base rates for sewer charges assessed monthly by the City are as follows:
Current
Proposed
Residential
$ 9.45
$ 6.75
In conjunction with this rate change, the residential cap for sewer charges will decrease from
$35.00 to $32.50 per month.
Rates for sewer consumption have not changed and will still be based on 85% of water
consumption.
The impact of this rate decrease will be to lower all residential sewer bills by $2.70 per month or
$32.40 per year. This decrease, when coupled with the current year's decrease of $2.50 per
month means that all residential utility bills will have dropped by $5.20 over the two year period.
In addition to the decrease in the residential sewer rate, an additional $1 per month discount will
be made available to our senior citizens, with senior citizen being liberally defined as 60 years
and older.
ACTION REQUIRED BY COUNCIL:
Approve Ordinance lowering sewer rates for customers of La Porte.
FUND N/A ACCT NUM: N/A
APPROVED FOR CITY COUNCIL AGENDA
GMT.~
ROBERT T HERRERA, CITY MANAGER
FUNDS AVAILABLE: N/A
'l-{O-~Q
DATE
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ORDINANCE NO. 98-2278
AN ORDINANCE AMENDING CHAPTER 74, ARTICLE III, "WATER AND SEWER SERVICE
CHARGES, APPEND!X A - FEES" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE;
ESTABLISHING A NEW RATE AND FEE STRUCTURE; CONTAINING A REPEALING CLAUSE;
CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The following portions of Sedion 74-276 (Appendix A - Fees) of the Code of Ordinances,
are amended as follows:
"Division 3. Sewer Service Rates and Charges
(a) Rates for sewer service
1. Residential use: A minimum charge (per month) 6.75
(e) Computation of volume based on water purchased
1. Residential: The volume of sewage treated shall be based on 85 percent of the
resident's water volume billed each month. However, the maximum residential
monthly charge will be limited to $32.50.
(f) Senior Citizen Discount: Residential customers 60 years of age or older shall be entitled to
a $1.00 monthly discount on their primary account."
Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the
extent of such conflict only.
Section 3. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase,
or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the
remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council
to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact
that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid.
Section 4. The City Council officially finds, determines, recites and declares that a sufficient written
notice of the date, hour, place, and subjed of this meeting of the City Council was posted at a place
convenient to the public at the City Hall of the City for the time required by law preceding this
meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that
this meeting has been open to the public as required.
Section 5. This Ordinance shall be in effect and in force on October 1, 1998.
PASSED AND APPROVED this the 14th day of September, 1998.
1!tt.STij, #'.1-
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Ma ha Gillett, City Secretary
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'QUEST FOR CITY COUNCIL AGEND'TEM
AGENDA DATE September 14.1998
REQUESTED BY Jeff Litchfield. Finance Director/ACM
_ REPORT; _ RESOLUTION; .lQL ORDINANCE; , Attachments
The City of La Porte has been approached by PPG regarding the creation of a reinvestment zone
on land near the corner of Fairmont Parkway and Sixteenth Street, utilizing a portion of PPG's
existing plant site. The creation of the zone is necessary for them to enter into a tax abatement
agreement with Harris County. The City has created zones such as this in the past. Most recently
in 1990 for International Cargo Network.
In conjunction with their request for the reinvestment zone, PPG also asked the City to consider
providing tax abatement to their project. City staff reviewed this request very closely because we
normally do not provide abatement for projects within our City limits. Because of the magnitude of
the project, we believe abatement might be warranted and have proceeded in that direction.
The project as proposed by PPG, is for a pharmaceutical unit, to be built in three stages, which,
when completed, is estimated to add $55 million in taxable value to the tax roll. The project will also
add 57 permanent ful~ time jobs.
After reviewing several alternatives, and taking into consideration the City and County have to work
together in providing abatement in a reinvestment zone, we have arrived at a concept where the City
would provide abatement of 50% of the value of the project for a specific seven year period. In
addition, to assist the County in their abatement, we have further limited the abatement amount to
$750,000 per job created. Since this concept is intended to apply to major improvements, we have
also added a floor of $21 million. So in other words, we are proposing the City offer PPG a tax
abatement on their project, for a seven year period (from January 2000 to December 2006) for the
value of the additions ~o their property, as long as the additions exceed $21,000,000, and are further
limited to a maximum of $42,750,000.
A projection of the amount of the improvements, the total City taxes and the amount of those taxes
abated is shown on the next page.
Staff is recommending the City Council approve the offer of a reinvestment zone to PPG and that
the City participate with certain constraints, including no abatement for the first year, 50% abatement
for the next seven years, and a minimum and maximum eligible value of $21 million and
$42,750,000. If Council is in agreement with this approach, the first step they need to take is to
approve this ordinance establishing guidelines and criteria governing tax abatement agreements.
Staff would then entertain PPG's application and come back at the next meeting with a public
hearing and final approval of the "PPG Industries Reinvestment Zone" and agreement.
ACTION REQUIRED BY COUNCIL:
Approve ordinance establishing guidelines and criteria governing tax abatement agreements by the
City of La Porte and authorizing consideration of an application for designation of the "PPG Industries
Reinvestment Zone", and set a Public Hearing for September 28, 1998.
FUND N/A
ACCT NUM:
FUNDS AVAILABLE:
APPROVED FOR CITY COUNCIL AGENDA
'S<~~
ROBERT T. HERRERA, CITY MANAGER
q-\O-qQj
DATE
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Potential Abatement Ramifications for PPG Project
The numbers shown below are for illustration purposes only. The actual amounts of value that
will be on line each year are unknown. I have selected numbers that are realistic enough that a
decision based on those number is prudent.
Year Project Value Full Taxes Taxes Abated Tax City Receives
1999 5.000,000 $ 35,500 $ 0 $ 35.500
2000 30,000,000 213,000 106,500 106,500
2001 35.000,000 248,500 124,250 124,250
2002 35,000,000 248.500 124,500 124,500
2003 45,000,000 319,500 151,762 167,738
2004 45.000,000 319,500 151,762 167,738
2005 55,000,000 390,500 151,762 238,738
2006 55,000,000 390,500 151,762 238,738
Totals $ 2,165,500 $ 962,048 $ 1.203,452
Assumptions:
1. No abatement is being offered the for the first year since the project is under construction.
2 The minimum value for abatement is $21,000.000. Once the $21,000,000 is reached, the
entire amount, including the base $21,000,000 is included in the abatement calculation.
3. The maximum amount of the abatement is set at $42,750,000. This limit is set in order to
assist Harris County in the adoption of their abatement. which is limited to $750,000 per
full time job created. This project is set to add 57 full time jobs.
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PPG Industries, Inc., 1901 Avenue H & 16th 51., P.O. Box 995, La Porte, Texas 77572-0995
John A. Weihrich, Plant Manager
Fine Chemicals
281-471-0943
May 19, 1998
Mr. Robert T. Herrera, City Manager
City of La Porte
P.O. Box 1115
La Porte, TX 77572-1115
erN ~lAj'lAGeR
t; - (7()- - 9(j
Re: Property Tax Relief - La Porte Plant
Dear Mr. Herrera,
Thank you very much for meeting with Hansen Gilan and myself in regards to
the City of La Porte providing property tax abatement for our major capital improvement
projects that may be constructed at the La Porte, Texas plant site.
As we discussed, PPG Industries is currently considering the construction of a
new Pharmaceutical Intermediates production unit, a new Isocyanates production unit,
and an accompanying thermal oxidizer for pollution control. We estimate that the total
cost of building these three units will be in the range of $40 million to $50 million.
We would expect these three projects to require a permanent workforce of a
minimum of 30 to a maximum of 42 highly skilled chemical plant operators and
maintenance mechanics. It is expected that construction of these two units will take
eighteen to twenty months and will employ upwards of 150 local construction workers.
As I'm sure you are aware, there are several facilities with-in the PPG
organization that would like to acquire these three units at their plant sites. As you also
know, the current property tax rate on the La Porte plant is one of the highest rates paid
by PPG. These three units, if built at our Lake Charles, LA plant, would enjoy a ten
year 100% tax abatement and a low value and low tax rate when they finally enter the
tax rolls in ten years.
Any assistance that the City of La Porte can provide in making the La Porte plant
more competitive, through property tax abatement, would be viewed very favorably by
PPG's management and would provide additional incentive for PPG to locate these
three units at the La Porte plant site.
Sincerely,
PPG Industries .
g c-L CcJ ...vt-._..A
John A. Weihrich,
Plant Manager
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ORDINANCE NO. 98-2279 ~(Q)~W
AN ORDINANCE MENDING THE CODE 01' ORDINANCES OF THE CITY OF LA
PORTE BY ADDING ARTICLE V GUIDELINES AND CRITERIA GOVERNING TAX
ABATBKEItT AGREBKEItTS BY THE CITY 01' LA PORTE, ADDING SECTIONS 66-
140 THROUGH 66-142 INCLUSIVE; AUTHORIZING CONSIDERATION OF AN
APPLICATION FOR DESIGNATION 01' THE "PPG INDUSTRIES REINVESTMEItT
ZONE"; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING
AN EFFECTIVE DATE HEREOF.
BE IT ORD~INED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 10 The City Council of the City of La Porte hereby
amends the Code of Ordinances of the City of La Porte by adding
Article V. "Guidelines and Criteria Governing Tax Abatement
Agreements by the City of La Porte", and adding Sections 66-140
through 66-142 inclusive, as follows, to-wit:
ARTICLE V. GUIDELINES AND CRITERIA
GOVERNING TAX ABATEMENT AGREEMENTS
Sec. 66-1~0. The City Council of the City of La Porte hereby
adopts the attached "City of Houston Tax Abatement Guidelines And
Ordinances" as adopted and approved by the City Council of the City
of Houston, in compliance with Section 312.002, Tax Code, except as
specifically revised or modified by this Ordinance. These
guidelines and criteria are attached hereto as Exhibit "A". The
"City of La Porte" is hereby substituted for any references to the
ci ty of Houston in the attached City of Houston Tax Abatement
Guidelines and Ordinances, and the section references are amended
to conform with the numbers set forth on this ordinance. Exhibit
"A" is incorporated by reference herein and made a part hereof for
all purposes.
Section 44-112, "Economic development abatement authorized",
subparagraph (9), is revised, and shall read as follows, to-wit:
"(g) Value and Term of Abatement. Abatement shall be
granted effective upon the January 1 valuation date
immediately following the effective date of the
Agreement. Projects (other than modernization) which
meet these guidelines and criteria are eligible for
abatement on the value of the new property on a sliding
scale as follows:
Year abated
Percentage of
value abated
1, including construction
2, including construction
3 - 8
0%
50%
50%
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Provided, however that no abatement shall be given in the
year when the facili ty fails to meet the employment
minimum set forth in section 44-112 (h) (4) except where
the jurisdiction has determined that employment falls
below minimum due to accident, casualty, fire, explosion,
or natural disaster.
If the period of construction exceeds two years, the
facili ty shall be considered complete for purposes of
abatement and in no case shall the period of abatement
inclusive of construction and completion exceed eight
years.
If a modernization project includes facility replacement,
the value upon which abatement shall be determined shall
be the value of the new unites) less the value of the old
unites). Modernization projects are eligible for
abatement according to the above formula with the
exception that abatement shall not exceed 50 percent in
any year. 01
Section 44-112, "Economic development abatement authorized",
subparagraph (h) (3), and (5), are revised, and shall read as
follows, to-wit:
"(3) Must be reasonably expected to increase the value
of the property in the amount of $21,000,000.00
upon completion of construction; and"
"(5) An abatement may be granted for a maximum
investment of $750,000.00 per job created or
retained."
Section 44-112, "Economic development abatement authorized",
is revised, by adding thereto subparagraph (1), which shall read as
follows, to-wit:
"( 1) EnviroDJDental qualification. In determining
whether to grant a tax abatement, consideration
will be given to compliance with all state and
federal laws designed to protect human health,
welfare and the environment ("environmental laws")
that are applicable to all facilities in the State
of Texas owned or operated by the owner of the
facility, its parent, subsidiaries and, if a joint
venture or partnership, every member of the joint
venture or partnership ("applicants") .
Consideration may also be given to compliance with
environmental laws by applicants at other
facilities within the united States"
section 44-113, "Agreement
abatement", subparagraph (9), is
follows, to-wit:
for economic development
revised, and shall read as
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"(9) A provision that contract employees and part-time
employees may be used to comply with the company's
contractual obligation to create/retain jobs on a
full-time equivalency basis for any number of jobs;
provided that full-time equivalents shall only be
used to satisfy the company's contractual
obligation if the company maintains a minimum of 50
permanent employees who work on the project within
the reinvestment zone."
Sec. 66-141. The adoption of the guidelines and criteria by
the City Council of the City of La Porte does not:
a) limit the discretion of the City Council of the City of
La Porte to decide whether to enter into a specific tax
abatement agreement;
b) limit the discretion of the City Council of the City of
La Porte to delegate to its employees the authority to
determine whether or not the governing body should
consider a particular application or request for tax
abatement; or
c) create any property, contract, or other legal right in
any person to have the City Council of the City of La
Porte consider or grant a specific application or request
for tax abatement.
Sec. 66-142. The City Council of the City of La Porte hereby
establishes the policy of the City of La Porte, that tax abatement
agreement applications will not be accepted for areas within the
Battleground Industrial District and the Bayport Industrial
District of the City of La Porte. However, as to any portion of
such areas which are not within the corporate limits of the City of
La Porte, Harris County Commissioners Court may establish tax
abatement agreements for the benefit of itself, and taxing units
other than the City of La Porte having jurisdiction over said area.
section 2. without limiting the generality of the foregoing,
the City Council of the City of La Porte hereby authorizes City
staff to entertain an application for designation of a reinvestment
zone, to be designated the "PPG Industries Reinvestment Zone". The
location of such zone is within the corporate limits of the City of
La Porte, and is fully shown on a site plan attached hereto as
Exhibit "B", and incorporated by reference herein for all purposes,
and is more particularly described by metes and bounds on Exhibit
"c" attached hereto and incorporated by reference herein. Such tax
abatement agreement shall only apply to new investment having a
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total value of a minimum of twenty-one million dollars. The
agreement shall provide for exemption from taxation of real
property or of fixed machinery, equipment, and process units
located on the real property, as provided in Section 44-112,
subparagraph (g), hereinabove, subject to the rights of holders of
outstanding bonds of the municipality, on the condition that the
owner of the property make specific improvements or repairs to the
property described on Exhibit "B" attached hereto. Such agreement
shall provide for the exemption of the real property in each year
covered by the agreement only to the extent its value for that year
exceeds its value for the year in which the agreement is executed.
Such agreement shall provide for the exemption of fixed machinery,
equipment, and process units located on the real property in each
year covered by the agreement other than fixed machinery,
equipment, and process units that were located on the real property
at any time before the period covered by the agreement with the
City of La Porte, and other than inventory or supplies. An
improvement, repair, development, or redevelopment taking place
under the agreement must conform to the City of La Porte's
Comprehensive Zoning Ordinance.
Section 3. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
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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 4. This Resolution shall be effective from and after
its passage and approval.
PASSED AND APPROVED this 14th day of September, 1998.
CITY OF LA PORTE
By:
Norman L. Malone
Mayor
ATTEST:
Martha A. Gillett
City Secretary
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\~L.J~V
CITY OF HOUSTON TAX ABATEivlENT GUIDELINES
AND
ORDINANCES
EXHIBIT A
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Abllle\Ciuiddinc.97
Section 1.
That the City Council adopts and ratifies revised guidelines and criteria for
taX abatement and readopts Article IV, Chapter 44 of the Code of Ordinances, Houston, Texas,
which reads as follows:
.Section 44-108. Reinvestment Zones.
(a) Tax abatement shall only be allowed in a reinvestment zone.
(b) Reinvestment zones in the city for this purpose will be considered for
designation -by city council upon the recommendation of the director. The city
council may approve the creation of these reinvestment zones on a zone-by-zone
basis after a public hearing before the city council. Following the public hearing
the city council may consider the ordinance creating a new reinvestment zone in
the proposed area.
(c) The city council may not adopt an ordinance designating a reinvestment
zone until it has held a public hearing at which interested persons are entitled to
speak and present evidence for or against the designation. Notice of the hearing
shall be given at least (7) s~ven days prior to the hearing. The presiding officers
of eligible jurisdictions shall be notified in writing at least (7) seven days prior to
the hearing.
A notice of the public hearing shall be given to other affected taxing
jurisdictions, published in the legal classified section of the local daily newspaper
having general circulation,' and posted in other places as deemed appropriate,
including notice to civic associations in the area surrounding the proposed zone,
at least (1) seven days prior to the hearing. The notice shall contain the location,
time, and place of the public hearing and a description of the proposed boundaries
of the reinvestment zone.
(d) The designation of such a zone by ordinance shall constitute an
aff'1IlIlative f'mding by the city council that the improvements sought to be
constructed or repairs to be made within the zone are feasible and practical and
would be of benefit to the land to be included wi~ a zone and to the city.
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AbaI.C\Ouiclclinc.97
(e) In detennining whether an area qualifies as a reinvestment zone for the
property tax abatement program, the city council shall use anyone or more of the
following criteria as guidelines:
(1) The area substantially impairs or arrests the sound growth of the
city; retards the provision of housing accommodations, or
constitutes an economic or social liability and is a menace to the
public health, safety, morals, or welfare in its present condition and
use by reasons of the presence of substantial number of substandard,
slum, deteriorated, or deteriorating structures, predominance of
defective or inadequate sidewalks or street layout; faulty lot layout
in relation to size, accessibility, or usefulness , unsanitary or unsafe
conditions; deterioration of site or other improvements; tax or
special assessment delinquency exceeds the fair value of the land;
defective or unusual conditions of title; the existence of conditions
that endanger life or property by frre or other cause; or any
combination of these factors or conditions.
(2) The area is predominantly open and, because of obsolete platting or
deterioration of structures or site improvements or other factors,
substantially impairs or arrests the sound growth of the city.
(3) The area has been designated a local or state-federal enterprise zone
under the Texas Enterprise Zone Act.
(4) The area is located wholly within an eligible blighted area, as
identified from time to time by city council.
(5) There bas been a demonstration of community interest and there is
evidence that substantial number of owners of taxable real property
in the reinvestment zone will participate in such a program.
(6) Be reasonably likely as a result of the designation to contribute to
the retention or expansion of primary employment or to attract
major investment in the zone that would be a benefit to the property
and that would contribute to the economic development of the city.
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(f) The goals and objectives expresse~ above and the standards and
restrictions expressed in Chapter 312 of the Texas Tax Code, as amended, are not
exhaustive and shall be supplemented by such further and additional goals,
objectives, rules, standards and restrictions as the city council may from time to
time impose.
(g) The designation of a reinvestment zone hereunder shall expire five
years after the date of its designation and may be renewed for periods not to exceed
five years. The expiration of a designation, however, shall not affect existing
agreements entered into pursuant to section 44-113 or section 44-114 of this
chapter.
Section 44-109. Dermitions.
For the purpose of this article, the following words and terms shall have the
meanings respectively ascribed:
Abatement means the full or partial exemption from ad valorem taxes of
certain real and/or personal property in a reinvestment zone designated for
economic develop~ent purposes.
Agreement means a contractual agreement between a property owner
and/or lessee and an eligible jurisdiction for the purpose of tax abatement.
Base year value means the assessed value of eligible property January I,
preceding the execution of the agreement plus the agreed upon value of
eligible property improvements made after January 1, but before the
execution of the agreement.
Competitively-sited project means a project where the applicant has studied
competing. locations for expansion, relocation, or new operations to
evaluate operating cost differentials and incentives available.
Contract employee means a person who is not an employee of the
abatement recipient, but who does work for the abatement recipient in the
reinvestment zone on a contract basis, either on a full or part-time basis.
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Deferred maintenance means improvements necessary for continued
operations which do not improve productivity or alter the process
technology .
Director means the director of the city's department of finance and
administration.
Economic life means the number of years a property improvement is
expected to be in service in a facility.
Eligible jurisdiction means any county, municipality, school district or
college district, that levies ad valorem taxes upon and provides services to
property located within the proposed or existing reinvestment zone.
Expansion means the addition of buildings, structures, fixed machinery or
equipment for purposes of increasing production capacity.
Facility means property improvements completed or in the process of
construction which together comprise an integral whole.
Full time equivalent job means a job that is equal to 1750 hours of work
annually performed in the reinvestment zone by contract employees or part-
time employees.
Manufacturing facility means buildings and structures, including fIxed
machinery and equipment, the primary purpose of which is or will be the
mamfacture of tangible goods or materials or the processing of such goods
or materials by physical or chemical change. .
Modernization means the replacement and upgrading of existing facilities
which increases the productive input or output, updates the technology or
substantially lowers the unit cost of the operation. Modernization may
result from the construction, alteration, or installation of buildings,
stmctwes, or fixed machinery or equipment. It shall not be for the purpose
of reconditioning, refurbishing, or repairing to meet local, state, or federal
regulations.
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Abarc\Guidclinc:.97
New facility means improvements on a property previously undeveloped
which is placed into service by means other than or in conjunction with
expansion or modernization.
Other basic industry fadlity means buildings and structures, including fIxed
machinery and equipment not elsewhere described, used or to be used for
the production of products or services which primarily serve a market
outside the Houston Consolidated Metropolitan Statistical Area and
resulting in the creation of new permanent jobs and additional investment.
Part-time employee means a person who works for, and is an employee of,
the abatement recipient in the reinvestment zone, but is not a pennanent
employee.
Pennanent employee means a person who works for, and is an employee
of, the abatement recipient and works a minimum of 35 hours in a (7)
seven day period, and reports to work in the reinvestment zone. A
permanent employee does not include a contract employee, seasonal
employee, or part-time employee.
Regional distribution Cenler fadlity means buildings or structures, including
fixed machinery and equipment, used or to be used primarily to receive,
store, service or distribute goods or materials owned by the facility operator
where a majority of the goods or services are distributed to points at least
100 miles from any part of Harris County, unless there is no facility in
Harris County that receives, services, or distributes such goods and services
to businesses and residents of Harris County.
Regional entertainment facility means buildings and structures, including
fIxed machinery and equipment, used or to be used to provide
entertainmeI.1t through the admission of the general public where the
majority of users reside at least 100 miles from any part of Harris County,
unless there is no facility providing the same or similar entertainment in
Harris County.
Regional service facility means buildings and structures, including fIXed
machinery and equipment, used or to be used to service goods where a
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AbaIC\GuidcliDc.97
majority of the goods being serviced originate at least 100 miles from any
part of Harris County, unless there is no facility in Harris County where
businesses and residents of the county can obtain such service.
Research and developmentfacility means buildings and structures, including
machinery and equipment, us"ed or to be used primarily for research or
experimentation to improve or develop current technology in bio-medicine,
electronics or pre-commercial emerging industries.
Researchfacility means buildings and stroctures, including ftxed machinery
and. equipment, used or to be used primarily for research or
experimentation to improve or develop the production processes thereto.
Section 44-110. Application.
(a) Any present or potential owner of taxable property in the city may
request tax abatement by f1ling a written request with the mayor or the mayor's
designee.
(b) The application shall consist of a completed application form
accompanied by: a general description of the new improvements to be undertaken;
a descriptive list of the improvements for which abatement is requested; a list of
the kind, number and location of all proposed improvements of the property; a map
and legal description of the property; a time schedule for undertaking and
completing the proposed improvements. The application shall also include a
certification of the current number of permanent, part-time and contract employees
of the applicant, by category, at the time of the application, and information
regarding the project's competitive siting. In the event the project is to be located
in a leased facility, the applicant shall provide with the' application the name and
address of the lessor and, if executed, a copy of the lease. In the case of
modernization, the application sball include a statement of the assessed" value of the
existing facility for the tax year immediately preceding the application year,
separately stated for real and personal property. The application form may require
such fmancial and other information as the city deems appropriate for evaluating
the ftnancial capacity and other factors of the applicant.
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(c) Upon receipt of the completed application, the director shall notify in
writing and provide a copy of the application to the presiding officer of the
governing body of each eligible jurisdiction.
(d) After receipt of an applic~tion for abatement, the city shall prepare a
cost! benefit impact analysis setting out the impact of the proposed tax abatement.
The cast/ benefit impact analysis shall include but not be limited to an estimate of
the economic effect of the abatement of taxes and the benefit to the city and the
property to be included in the zone, and any other pertinent measures of the
project's overall impact on the city's revenue stream both during and after the
abatement period.
(e) The city shall not enter into an abatement agreement if it fmds that the
request for the abatement was filed after the commencement of construction,
alteration, or installation of improvements related to a proposed modernization,
expansion or new facUity. An applicant is ineligible for abatement if a decision to
commence a modernization,' expansion or new facility in the city has been formally
announced on or before an application for abatement has been filed with the city.
(0 Variance: Requests for a variance from the provision of subsections (a),
(b), (e), (g), (h) and G> of section 44-112 shall be made in writing to the director;
provided however, the total duration of an abatement authorized in section 44-112
shall in no instance exceed ten years and the total duration of an abatement
authorized under section 44-114 or section 44-115 shall in no instance exceed five
years. Such request shall include a complete description of the circumstances
explaining why the applicant should be granted a variance and how the grant of
abatement will lead to the creation or retention of job opportunities and new
investment in the zone. Approval of a request for variance requires a majority vote
of the city council members present.
Section 44-1U.. Public hearing and approval.
(a) Prior to entering into a tax abatement agreement the city council may,
at its option, hold a public hearing at which interested persons shall be entitled to
speak and present written materials for or against the approval of the tax abatement
agreement.
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(1) Notice of the public hearing shall be published in a local daily
newspaper of general circulation not later than the seventh day
before the date of the hearing. Notice of the public hearing may be
given, posted or published in other places or by other means as the
director deems appropriate, including giving notice to civic
associations in the area'surrounding the proposed zone.
(b) In order to enter into a tax abatement agreement, the city council must
find that the tenns of the proposed agreement met these guidelines and criteria and
that:
(1) There will be no substantial potential adverse impact on the
provision of city services or tax base; and
(2) The planned use of the property will not constitute a hazard to
public safety, health, or morals.
Section 44-112. Economic development abatement authorized.
. (a) Authorized facility. A facility may be eligible for economic
development abatement if it is a: manufacturing facility, regional distribution
facility, regional service facility, regional entertainment facility, research facility,
research and development facility or other basic industry facility. .
(b) Creation of new value. Abatement may only be granted for the
additional value of eligible property improvements made subsequent to and listed
in an abatement agreement between the city and the property owner and lessee ( if
required), subject to such limitations as the city council may require.
(c) New and existing facilities. Abatement may be granted for new
facilities or the expansion of existing facilities. Improvements to existiitg facilities
for pwposes of modernization may receive abatement if proven to be essential to
the entity's economic survival.
(d) Eligible property. Abatement may be extended to the value of
buildings, structures, fIXed machinery and equipment, site improvements, plus that
office space and related fIXed improvements necessary to the operation and
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administration of the facility, or tangible personal property when in conjunction
with leased facilities.
(e) Ineligible property. The following types of property shall be ineligible
for abatement: land; inventory; ~pplies; tools; vehicles; vessels; aircraft;
housing; hotel accommodations; tangible personal property when not in
conjunction with leased facilities; deferred maintenance investments; property to
be rented or leased except as provided in subsection (0; improvements for the
generation or transmission of electrical energy not wholly consumed by a new
facility or expansion; any improvements, including those to produce, store or
distribute natural gas, fluids or gases, that are not integral to the operation of the
facility; property owned or used by the State of Texas or its political subdivisions
or by an organization owned, operated or directed by a political subdivision of the
State of Texas; and property that is owned or leased by a member of city council
or by a member of the city planning commission.
(t) Owned and leared fadlides. If an authorized facility located on leased
real property is granted abatement, the abatement agreement shall be executed by
the city, the lessor and the lessee. If the real property is leased from a municipal
corporation, the municipaljty shall not be required to execute the agreement in its
capacity as a lessor.
(g) Value and tenn of the abatement. Abatement shall be granted effective
upon the January 1 valuation date immediately following the effective date of the
agreement. Projects (other than modernizations) which meet these guidelines and
criteria are eligible for abatement on the value of the new properties on a sliding
scale as follows:
Year abated
Percentage of value abated
1-3, including construction
4
5
6
7-10
100%
80%
60%
40%
20%
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Provided, however that no abatement shall be given in the year when the
facility fails to meet the employment minimum set forth in section 44-112(h)(4)
except where the jurisdiction has determined that employment falls below minimum
due to accident, casualty, fIre, explosion, or natural disaster.
If the period of construction' exceeds two years, the facility shall be
considered complete for purposes of abatement and in no case shall the period of
abatement inclusive of construction and completion exceed ten years.
If a modernization project includes facility replacement, the value upon
which abatement shall be determined shall be the value of the new unit(s) less the
value of the old unites). Modernization projects are eligible for abatement
according to the above formula with the exception that abatement shall not exceed
80 percent in any year.
(h) Economic qualifications. Except as provided in sectioDS 44-112(i) and
(j) below, to be eligible for tax abatement, the planned improvement:
(1) Should provide an economic benefIt to the city, taking all relevant
factors int<? consideration, including (i) size of the abatement,(ii)
income from sales tax and franchise fees generated by the planned
improvement, and (Hi) any additional expense to the city in
providing city services as a result of the improvement; and,
(2) Must be necessary because capacity cannot be provided efficiently
utilizing existing improved property when reasonable allowance is
made for necessary improvements; and,
(3) Must be reasonably expected to increase the value of the property
in the amount of $3,500,000.00 upon completion of construction,
except that a planned improvement reasonably expected to increase
the value of the property between $1,000,000.00 and
$3,500,000.00, and that creates or retains a minimum of 25
permanent jobs, shall be eligible for a ten-year abatement at only
one-half of the sliding scale values set out in subsection (g) above;
and,
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(4) Must be expected to prevent the loss of permanent employment,
retain or create permanent employment for at least 25 people on a
permanent basis in the in the designated zone, provided that this
employment qualification, shall take effect three years after the
effective date of abatement and continue through the remaining term
of the agreement; or, .
(5) An abatement may be granted for a maximum investment of
$500,000 per job created or retained.
(i) Economic qualifications. If the property is located in an area designated
as an enterPrise zone pursuant to the Texas Enterprise Zone Act, as amended
(Article 5190-7, Vernon's Texas Civil Statutes) and the city has not created a
reinvestment zone, which includes property described under the provision of
section 44-112 or 44-114 of this chapter, in order to be eligible for tax abatement
the planned improvement:
(1) Must be reasonably expected to increase the value of the property
by a minimum amount of $500,000.00 upon completion of
construction;
(2) Must be expected to create additional permanent employment for at
least five people on a permanent basis who are residents of the
enterprise zone or who are economically disadvantaged as that term
is dermed in the Texas Enterprise Zone Act;
(3) Must not be expected to solely or primarily have the effect of
transferring employment from one part of the city to another;
(4) Must be necessary because capacity cannot be provided efficiently
utiliz.ing existing improved property when reasonable allowance is
made for necessary improvements; and,
(5) Must be made by an entity operating an authorized facility that
meets the criteria established for a qualified business under the
Texas Enterprise Zone Act.
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(j) Research and development projects. If the planned improvement is for
a research and development facility, in order to be eligible for tax abatement the
planned improvement:
(1) Must be reasonably expected to increase the value of the property
by a minimum amount of $500,000.00 upon the completion of
construction; and
(2) Must be expected to create permanent employment for at least 5
people on a permanent basis in the designated zone, provided that
this employment qualification shall take effect two years after the
. effective date of abatement and continue through the term of the
agreement. The abatement period shall not exceed five years from
the effective date of abatement and the percentage of value to be
abated shall be 100 percent throughout the abatement period.
(k) TaxabiliJy. From the date of execution of the abatement agreement to
the end of the abatement period, taxes shall be payable as follows:
(1) The value of ineligible property as provided in section 44-112( e)
shall be fully taxable;
(2) The base year value of existing eligible property as determined each
year shall be fully taxable; and,
(3) The additional value of new eligible property shall be taxable in the
manner described in section 44-112 (g), except as provided in
sections 44-112 (h)(S) and (j)(2) above.
Section 44-113. Agreement for economic development abatement.
After approval, the city shall enter into an agreement with the owner of the
facility and lessee (as required), which agreement shall include:
(1) Estimated value to be abated and the base year value;
(2) Percent of value to be abated each year as provided in this article;
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(3) The commencement date and the termination dated of abatement;
(4) The proposed use of the facility; nature of construction, time
schedule, map, property description and improvement list as
provided in this article;
(5) Contractual obligations in the event of default, violation of terms or
conditions, delinquent taxes, recapture, admini~tration, and
assignment as provided in this article and other provisions that may
be required for uniformity or by state law;
(6) Amount of investment and total permanent employees to be retained
or created and total fuU-time equivalent jobs to be retained or
created; and
(7) A requirement that the company, on or before February 1 of each
year the tax abatement agreement is in effect, provide the director
a swom statement that includes a delineation of the number of
pemument employees, contract employees and part-time employees
of the applicant company as of the immediately prec......ine lanuary
1. who report to worlc in the reinvestment zone at each site covered
by the agreement.
(8) A requirement that the company annually file the form 11.28 with
the appropriate county appraisal district to qualify for the
abatement.
(9) A provision that contract employees and part-time employees may
be used to comply with the company's contractual obligation to
create/retain jobs on a full-time equivalency basis for any number
of jobs; provided that full-time equivalents shall only be used to
satisfy the company's contractual obligation if the company
maintains a minimum. of 2S permanent employees who worle on the
project within the reinvestment zone.
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(10) A requirement that property in a reinvestment zone that is owned or
leased by a member of the city council or by a member of the city
planning commission is excluded from tax abatement.
Section 44-114. Redevelopment tax ,abatement authorized.
(a) Creation. A property tax abatement program is hereby created to be
administered in accordance with Chapter 312 of the Texas Tax Code, as amended
from time to time.
(b) - Definitions. For purposes of this section and section 44-115, the
fol~owing words and terms shall have the me~gs ~espectively ascribed:
Departmentshall mean the department of finance and administration of the
city.
Revitalization strategy shall mean a plan prepared by the department to
guide in the development of a designated reinvestment zone for the purpose
of creating a viable and cohesive area in which to live and work. The
revitalization strat,egy shall take into consideration input from interested
individuals, civic associations and busin~ss groups from the proposed
reinvestment zone.
Owner of 1axable real property shall mean the person, corporation,
company or other entity responsible for paying property taxes on certain
property or an interest therein including a leasehold interest or interests.
Sec.44-11S. Agreement for redevelopment property tax abatement.
(a) Upon designation of a reinvestment zone, the city shall enter into
property tax abatement agreements with interested owners of taxable real property
located within the re~vestment zone. Upon the city's execution of an agreement
hereunder, the base year value shall be determined. The agreement shall betconditioned on the owner of the property making certain improvement or repairs
to the property as certified by the director as being consistent with the revitalization
strategy .
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(b) In addition, the agreement shall be conditioned on those improvements
or repairs being completed within two years of the date of the agreement. The tax
abatement allowed under these agreements shall be 100 percent of the increase
above the certified appraised value of the building or buildings or the portion of the
building or buildings used for comme~ial or industrial purposes. The agreement
shall provide that property tlX abatement shall begin on January of the year
following the completion of the improvements or repairs contemplated by the
agreement. The maximum duration of tax abatements approved under sections 44-
114 and 44-115 shall not exceed five years.
(c) Property in a reinvestment zone that is owned or leased by a member
of the city council or by a member of the city planning commission is excluded
from property tax abatement.
(d) The city may enter into a property tax abatement agreement with the
interested owners of tlXable real property for improvements or repairs completed
before the city's approval of the tax abatement agreement if:
(1) The applicant has complied with the requirements of section 44-
110; and .
(2) The applicant provides evidence of good cause as to why the city
should grant tax abatements for improvements or repairs completed
!before the city's approval of the tax abatement agreement; and
(3) The agreement is consistent with the requirements of subsections (a)
through (c) above, except as provided in paragraph (2) of this
subsection.
Notwithstanding any other provision of this section, for ~ abatement
agreements approved under this subsection (d), city council shall detennine the
year that property tax abatement shall begin.
Sec. 44-116. Recapture.
(a) In the event that the facility is completed and begins producing the
product or service delineated in the agreement, but subsequently discontinues
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producing the product or service for any reason excepting fIre, explosion, or other
casualty or accident or natural disaster for a period of one year during the
abatement period, then the agreement shall be terminated and the abatement of
taxes for the calendar year during which the facility no longer produces the product
or service also shall be terminated. The taxes otherwise abated for the calendar
year in which the facility discontinued production or services specifIed .in the
agreement shall be paid to the city within 60 days from the date of the termination
of the agreement.
(b) Should the city determine that the company or individual is in default
according to the terms and conditions of the agreement, the city shall notify the
company or individual in writing at the address stated in the agreement, and if such
condition of default is not cured within the 60 days from the date of such notice
("cure period"), then the agreement may be terminated.
(c) The company or individual shall be in default of the agreement in the
event the company or individual:
(I) Allows its ad valorem taxes owed the city to become delinquent and
fails to timc;ly and properly follow the legal procedures for their
protest and/or contest; or
(2) Violates any of the terms and conditions of the abatement agreement
and fails to cure during the cure period;
In the event of default, the agreement may be terminated and upon the
termination all or a pro rata portion of the taxes previously abated by virtue of the
agreement shall be recapb1red and paid within 60 days of the termination. The pro
rata recapture of abated taxes shall be based on the number of years that the
company was out of compliance and the degree to which the company was out of
compliance, with equal weight being given to job creation and investment.
(d) In the event the company defaults on any of the terms and conditions
of the agreement, the company shall notify the city within 90 days of such default.
(e) Notwithstanding the foregoing, the director and the city attorney are
hereby authorized to negotiate and recommend to the city council amendments to
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tax abatement agreements subject to termination under this section in lieu of
termination.
Section 44-111.7. Administration.
(a) The chief appraiser of th~ county appraisal district shall annually
determine the value of the real and personal property comprising the reinvestment
zone. Each year, the company or individual receiving abatement shall furnish the
city with such additional information applicable to the tax abatement as may be
necessary for the administration of the abatement. Once the value of the real and
personal property has been established, the chief appraiser shall notify the affected
jurisdiction which levy taxes of the amount of the assessment. .
(b) The agreement shall stipulate that employees and/or designated
representatives of the city will have access to the reinvesanent zone during the term
of the abatement to inspect the facility and all company records related to the
abatement agreement and the project to detennine if the company is in compliance
with the agreement. All inspections will be made only after the giving of 24 hours
notice and will only be conducted in such a manner as to not unreasonably interfere
with the constnlction and/or operation of the facility. All inspections will be made
with one or more representatives of the company or individual and in accordance
with its safety standards.
(c) Upon completion of constnlction, the city shall annually evaluate each
facility receiving abatement to ensure compliance with the agreement and report
possible violations to the contract and agreement.
Section 44-118. Assignment.
The abatement agreements may be assigned to a new owner or lessee of the
facility with the written consent of the city council, which consent' shall not be
unreasonably withheld. Any assignment shall provide that the assignee shall
irrevocably and unconditionally assume all the duties and obligations of the
assignor upon the same terms and conditions as set out in the agreement. Any
assignment of a tax abatement agreement shall be to an entity that contemplates the
same improvements or repairs to the property, except to the extent such
improvements or repairs have been completed. No assignment shall be approved
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if the assignor or the assignee are indebted to the city for ad valorem taxes or other
obligations.
Sec. 44-119. Sunset provision.
The guidelines and criteria are readopted and will expire on
, 1999.... The guidelines and criteria shall apply to all
applications subsequently considered by City Council prior to the expiration date.
At the expiration of the guidelines, all reinvestment zones and tax abatement
contracts created pursuant to these provisions, will be reviewed to determine
whether the .goals have been achieved. Based on that review, the guidelines and
criteria will be modified, renewed, or eliminated. ·
Section 2.
If any provisions, section, subsection, sentence, clause, or phrase of this
Ordinance, or the application of same to any person or set of circumstances is for any reason held
to be unconstitutional, void or invalid, the validity of the remaining portions of this Ordinance or
their application to other persons or sets of circumstances shall not be affected thereby, it being
the intent of the City Council in adopting this Ordinance that no portion hereof or provision or
regulation contairx:d herein shall become inoperative or fail by reason of any unconstitutionality,
voidness or invalidity of any other portion hereof, and all provisions of this Ordinance are
declared to be severable for that purpose.
Section 3.
There exists a public emergency requiring that this Ordinance be passed
fmally on the date of its introduction as requested in writing by the Mayor; therefore, this
... Date to be filled in by the City Secretary reflecting two (2) years following the date this
Ordinance is adopted.
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Ordinance shall be passed fInally on such date and shall take effect on the later of March 2, 1997
or the date of its passage and approval by the Mayor.
PASSED AND APPROVED this
day of
,19_.
Mayor of the City of Houston
Prepared by Legal Dept.
MAM:cj 02/20/97 Assistant City Attorney
Requested by Richard Lewis, Director, Finance and Administration Department
L.D. .File No. 34-97065-01
MAMlej
lI:\wprdc:s\onlinm:\mou\IlIidc:.1U
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Metes and BolUtds Description
32.29 Acre Tract
Being a 32.29 acre tract ofland comprised of Blocks 834, 859, 869, 870, 896 and part of Block
833, 860 and 895, Map of La Porte, Iohnson HlUtter Survey, A-35, according to the plat as
recorded in Volume 58, Page 460 of the Harris COlUtty, Deed Records; said tract includes those
certain streets and aDeys as vacated, abandoned and closed by the City of La Porte under
ordinances No. 1269 and No. 1017; that certain portion of" F" street vacated and abandoned and
closed by the City of La Porte by ordinance No.1421 and as conveyed to P.P.G. Industries by
Fischer Service Company according to the instrument recorded under Harris County Clerk's File
No. L068950; that certain call 10.896 acre tract shown referred to as Tract I in that certain deed
from Chemtron Corporation to P.P.G. Industries as recorded under lhnis County Clerk's File
No. F977227 and! that certain call 0.7203 acre tract ofland as conveyed by Matheson Gas
Products, Inc. To P.P.G. Industries, Inc. According to the instrument recorded under Ranis
County Clerk's File No. R232727. The 32.29 acre tract located in the Johnson Hunter SUI'VeY, A-
3S and the Richard Pearsall Swvey, A-625 is more particularly described by metes and bounds as
foUows:
B~ at a SIB inch iron rod set for the Northeast comer of Block 833; said point being
coincident with the point of intersection of the West right-of-way line of South 16th Street ( 60
feet in width) with the South right-of-way line of West "F" Street ( 80 feet in width); said point
having Texas State Plane Coordinates ofX=3,227,2S1.7276, Y=13,807,874.7713, NAn 83,
Texas South Central Zone as established from A WI27S ( designation La Porte ).
Thence S 3 degrees 03' minutes 11 seconds E; coincident with the West right-of-way line of South
16th Street: a distmce of 100.77 feet to a 5/8 inch iron rod set for comer.
Thence, S 86 degrees 56 minutes 49 seconds W; coincident with the North bolUtdary line of the
Laurel Industries Tract of land as recorded IUtder Harris COlUtty Clerk's File No. L067769; for a
distance of 300.27 feet to a galvanized fence comer post.
Thence, S 00 degrees 27 minutes 1 S seconds E; coincident with the West boundary line of the
aforementioned Laurel Industries Tract; a distance of 468.87 feet to a chiseled "x" in concrete
found for comer.
Thence, N 86 degrees 56 minutes 49 " E; coincident with the South boundary line of the
aforementioned Laurel Industries tract; a distance of 297.22 feet to a ~ inch iron rod found for
comer.
Thence, S 3 degrees 03 minutes 11 seconds E; coincident with the West right-of-way line of South
16th Street; a distance of 1,230.37 feet to a 5/8 inch iron rod set for the Southeast comer of this
tract; said point being coincident with the Southeast comer of Block 896 and the North right-of-
way line ofFairmont Parkway.
Page 1 of3
EXHIBIT "e"
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Thence, S 86 degrees 56 nUnutes 49 seconds W; coincident with the North right-of-way line of
Fainnont Parkway and the South boundary line of Blocks 896 and 895; a distance of 461.92 feet
to a S/8 inch iron rod fOlUld for the most southerly Southwest comer of this tract.
Thence N 3 degrees 03 minutes 11 seconds W; coincident with the East boundaly line of that
certain tract of land as conveyed by P.P.G. Industries to Matheson Gas Products according to the
instrument recorded under Hanis County Clerk's File No.R232726; a distance of 404.0S feet to a
chain link fence comer post.
Thence~ S 86 degrees 56 minutes 49 seconds W; coincident with the North boundary line of the
aforementioned tract of land in the preceding paragraph; a distance of 150.00 feet to a S/8 inch
iron rod set for comer.
Thence, S 87 degrees 00 minutes 15 seconds W; coincident with the South boundary tine of that
certain called 0.7203 acre tract ofland as conveyed by Matheson Gas Products, Inc. To P.P.G.
Industries, Inc. According to the instrument recorded under Ranis County Clerk's File
No.R232727; a distance of327.10 feet to a ~ inch iron rod f01md for the most Northerly
Southwest comer of this tract.
Thence, N 3 degrees 03 minutes II seconds W; coincident with the East boundary line of that
certain tract ofland as conveyed by 1. H. Tenant to La Porte, Houston, Northern Railroad
Company according to the instrument recorded in Volume 83, Page 266 of the Hanis County
Deed Records; a distance of 1,475.62 feet to a % inch iron rod set for the Northeast comer of this
tract.
Thence~ N 86 degrees 56 minutes 49 seconds E; coincident with the South boundary line of that
certain tract of land conveyed by Thorstenberg !\uterials Company, Inc. To Dorsett Brothers
Concrete Supply, Inc. According to the instrument recorded under Harris County Clerk's File No.
R064987 and the South boundary line of Block 823, Map of La Porte; a distance of 613.02 feet to
a chain link fence comer post; from which a ~ inch iron rod was found 0.52 feet South and 0.32
feet West; said point being the Northeast comer of that certain tract of land conveyed by Fischer
Service Company to P.P.G.lndustries according to the instrument recorded under Ranis County
Clerk's File No. L068950.
Thence, S 3 degrees 03 minutes II" E a distance of 80.00 feet to a S/8 inch iron rod set for
comer; said point being the Southeast comer of the aforementioned Fischer SerVice tract and the
Northeast comer of Block 834.
Page 2 of3
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Thence, N 86 degrees 56 minutes 49" E; coincident with the South right-of-way line of West "F"
Street; a distance of 326.00 feet RETIJRNING TO TIlE POINT OF BEGINNING.
ALL BEA.RmG BEING REFERENCES TO GRID BEA.RmGS FOR NAD 83, TEXAS,
soum CENTRAL ZONE.
H Carlos Smith
Texas Registered Professional Land StUVC)'or No. 1228
Date: August 22, 1998
lob No. 3172-98
Page 3 of3
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Requested By: Ste hen L. Barr
Report _ Resolution
Parks & Recn~ation
Exhibits:
1.
AN ORDINANCE ESTABLISHING PROVISIONS IFOR GENERAL
USE OF PARKS, PARK AREAS, PARK RELATED FACILITIES,
AND RENTAL FACILITIES COMPRISING THE CITY OF LA PORTE
PARKS SYSTEM.
SUMMARY AND RECOMMENDATION
The City of La Porte has a relatively extensive parks system with parks and facilities ranging from
banquet halls, to a fishing pier and rodeo arena. From time to time, there have been occasions
where a particular facility or park is used for a purpose that is contrary to the l3stablished and
traditional use of park facilities, such as bringing in special rides and attractions for birthday
parties, or use of motorized vehicles on park property. In reviewing the existing ordinances
governing use of park facilities, there were a number of substantial gaps in the ability to control
activities in parks. For example, there is no current ordinance to prohibit the use of motorized
vehicles in the parks, and other acitvities that may be uncomfortable to other park patrons or
place them in situations that may constitute a danger to them.
This proposed ordinance is an omnibus general use ordinance that, if adopted, provides a good,
common sense approach to what can and cannot be done in the City of La PortEt Parks System.
It establishes a general use standard for behavior and activities within the park system and, with
the accompanying permitting ordinance, provides for approval of other extraordinelry activities that
may be contemplated from time to time by, and for the citizens of La Porte.
Staff Recommendation:
Staff recommends that the proposed ordinance providing for general use of the City of La Porte
Parks System be approved.
Action Required by Council:
Consider approval of the proposed ordinance providing for general use of the City of La Porte
Parks System.
Availability of Funds:
General Fund WaterlWastewater
Capital Improvement General Revenue Sharing
XX N/A
Account Number: Funds Available YES NO
Approved for City Council Aaenda
~~T.~
Robert T. Herrera
City Manager
q.Q-'i8
Date
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ORDINANCE NO. 98- 2280
AN ORDINANCE ADDING PROVISIONS FOR GENERAL USE OF PARKS, PARK
AREAS, PARK RELATED FACILITIES, AND RENTAL FACILITIES COMPRISING
THE CITY OF LA PORTE PARKS SYSTEM, BY ADDING NEW SECTIONS 50-1
THROUGH 50-3, INCLUSIVE, TO CHAPTER 50 OF THE CODE OF ORDINANCES
OF THE CITY OF LA PORTE; CONTAINING A SEVERABILITY CLAUSE;
PROVIDING THAT ANY PERSON VIOLATING ANY PROVISION OF THIS
ORDINANCE SHALL BE DEEMED GUlL TV OF A MISDEMEANOR AND UPON
CONVICTION SHALL BE PUNISHED BY A FINE NOT TO EXCEED THE SUM OF
FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING FOR PUBLICATION
OF THE CAPTION OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
SECTION 1. THE CODE OF ORDINANCES OF THE CITY OF LA PORTE IS
HEREBY AMENDED, BY ADDING NEW SECTIONS 50-1 THI~OUGH 50-3,
INCLUSIVE, TO CHAPTER 50 OF THE CODE OF ORDINANCES OF THE CITY OF
LA PORTE, WHICH SHALL HEREAFTER READ AS FOLLOWS, TO WIT:
Sec. 50-1. LA PORTE PARK SYSTEM ESTABLISHED The City Council for the City
of La Porte, by this Ordinance, establishes general use provisions regulating park and
facility usage for all parks, park areas, park related facilities, and rental facilities in the
City of La Porte park system. Public conduct and usage of each park, park area, park
related facility or rental facility in the City Park system shall be governE!d according to
the provisions described herein.
Sec. 50-2. PARKS AND PARK AREAS DEFINED The parks, park areas, park
related facilities, and rental facilities which comprise the City of La Porte, Parks System
are listed below and their location within the City established.
(1) PARKS. NEIGHBORHOOD
Name of Park
Brookglen Park
Creekmont Park
Fourteenth St. Park
Glen Meadows Park
Ohio St. Park
Pete Gilliam Park
Pfeiffer Park
Sea breeze Park
Tom Brown Park
Location
3324 Somerton
700 Willow Creek
th
500 North 14 Street
5100 Valley Brook
300 South Ohio
200 North Holmes
900 South Virginia
1322 Bayshore Drive
300 South Lobit
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Ordinance No. 98- 2280
Page 2
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(2) PARKS. COMMUNITY
Name of Park
Central Park
Northside Park
Location
618 San Jacinto
th
322 North 4 Street
(3) PARKS. REGIONAL
Name of Park
Fairmont Park
Little Cedar Bayou Park
Lomax Park
Northwest Park
Location
3540 Farrington
600 South Little Cedm Bayou Drive
1508 Lomax School Road
10200 North "P" Stret3t
(4) PARK RELATED AND RENTAL FACILITIES
Name of Facility Location
Brookglen Recreation Center 3324 Somerton
Fairmont Recreation Center 3540 Farrington
Evelyn Kennedy Civic Center 618 San Jacinto
La Porte Recreation & Fitness Center 1322 South Broadwav
"
La Porte Rodeo/Riding Arena 1508 Lomax School Road
La Porte Special Programs Center 1320 South Broadway
Lomax Community Center 1508 Lomax School Road
Sylvan Beach Fishing Pier 812 North Bayshore Drive
Sylvan Beach Pavilion and Grounds 1 Sylvan Beach Drive
Jennie Riley Recreation Center 322 North 4th Street
Charles Walker Annex 322 North 4th Street
(5) PARK AREAS DEFINED Park areas shall be defined as any City of La Porte
property or grounds which are maintained by the Parks and Recreation Department,
including parkways, esplanades, subdivision entrances, and other areas which are
under the control of the Parks and Recreation Department.
(6) PARKS, PARK AREAS, PARK RELATED FACILITIES, RENT~\L FACILTIES,
ADDITIONS Future addition of dedicated parkland, park areas, park related
facilities, rental facilities to the City of La Porte Parks System, as approved by City
Council or placed under the control of the Parks and Recreation Department by
Executive Order; shall be subject to and be governed by the provisions described
herein.
Sec. 50-3. PARK USE GENERALLY No person shall use any park:, park area or
park related facility or rental facility for any purpose other than for the purpose for which
it was designed, dedicated, or for which special use has been granted.
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Ordinance No. 98- 2280
Page 3
(1) SPECIAL USE GENERALLY No person shall hold, conduct, or cause to occur
any special use of any park, park area or facility without first obtaining the written
permission of the Director of Parks and Recreation.
(2) SPECIAL PARK FACILITIES GENERALLY No person shall visit, use or
otherwise be within or upon any park, park area, park related facility or rental facility
outside the posted hours of operation without the written permission of the Director
of Parks and Recreation, nor shall any person during such posted hours be within or
upon such facilities without first paying any applicable fees and/or securing any
required permits related thereto.
(3) CONCESSIONS AND SALES GENERALLY No person shall have the right to
offer anything for sale or barter, or to exhibit anything, or to conduct any
amusement, recreational activity, sports event, or other business for which any
participation or admission fee is charged or revenue is otherwise derived within any
park, park area, park related facility or rental facility without first obtaining the written
consent of the Director of Parks and Recreation.
(4) PLAYING OF MUSICAL DEVICES No person shall play any musical
instrument, radio, tape player, compact disc player, or other musical device within
the parks system other than for his/her own enjoyment, provided that such person
shall not thereby encroach upon the use and enjoyment of the parks by others.
(5) GLASS CONTAINERS PROHIBITED - EXCEPTION No person shall bring
into or upon the parks, or have in his/her possession while therein or thereupon, any
glass receptacle including but not limited to glass bottles, glass jars, drinking
glasses or other glass containers of any kind. The prohibition of glass containers
shall not apply to baby bottles, baby food jars, glass lined vacuum bottles and glass
lined picnic beverage coolers.
(6) LITTER PROHIBITED No person shall throw or otherwise dispose of any trash
or litter in any park, park area, park related facility, rental facility, or water area
except in the containers provided therefor.
(7) DUMPING PROHIBITED No person shall dump any debris, jiunk, garbage,
waste, fill, or other material onto or into the parks system or the water areas thereof.
(8) CAMPING PROHIBITED No person shall establish a campsitl3 upon or use
any area of the parks system as a campsite without the prior written permission of
the Director of Parks and Recreation.
(9) BUILDING OF FIRES PROHIBITED No person shall build or cause to be built
any fires within the parks or park areas except in the camp stoves or grills provided
therefor an only for the purpose of food preparation. Personal stoves or grills
brought to the parks by the public for such purposes shall be exempt from this
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Ordinance No. 98- 2280
Page 4
(10) FIREWORKS PROHIBITED No person shall discharge any fireworks upon or
within the parks system. Professional fireworks displays proposed as a part of an
event of program shall be exempt from this provision subject to the written
permission and approval of the Director of Parks and Recreation and the City Fire
Marshal.
(11 ) FLYING OF KITES, RADIO CONTROLLED AIRPLANES RESTRICTED No
person shall fly any kite, radio controlled airplane or similar device within one
hundred (100) feet of any park building or playing field in use by other patrons, nor
operate such device so as to endanger any park patron or thereby encroach upon
the use and enjoyment of the parks by others.
(12) AMUSEMENT RIDES PROHIBITED No person shall erect lOr operate any
mechanical amusement rides, midway rides, air containing apparatus, or similar
apparatus within the parks system, without the prior written permission of the
Director of Parks and Recreation.
(13) VEHICLES ~N PARKS GENERALLY No person shall drive or propel any
passenger car, pickup truck, sport utility vehicle, motorcycle, all-terrain vehicle, go-
cart, trail bike, or any other vehicle over or through the parks, park areas, sports
fields, or other park facilities except along or upon designated park drives, or
parkways.
(a) PARKING OF VEHICLES No person shall park any motorized vehicle in
the parks system except in the areas designated for such purpose.
(b) COMMERCIAL OR HEAVY LADEN VEHICLES PROHIBITED No
person shall drive, propel, or park any heavily laden vehicle, or vehicle carrying
merchandise, goods, material or rubbish, or any moving van or truck within the
parks. park areas, or park facilities.
(c) VEHICLES - EXCEPTION The provisions related to vehides herein shall
not apply to carts required for accessibility and operated by senior citizens or
physically challenged individuals, or where the operation and/or usage of such
vehicles or other vehicles are approved by the Director of Parks and
Recreation as a part of routine maintenance, or a program, activity, or event.
In the event that motorized vehicles are allowed in park areas within the Park
System, such motorized vehicles shall not interfere with nor impe!de pedestrian
traffic within the said Park Areas.
(14) RIDING OR DRIVING ANIMALS - EXCEPTION No person shall ride or
drive any horse, cattle, goat, sheep, donkey, mule, or other livestock over or through
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Ordinance No. 98- 2280
Page 4
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provision, provided such apparatus is located so as not to harm or endanger any
tree, shrub, building, or park appurtenance, or thereby encroach upon the use and
enjoyment of the parks by others. Exceptions may be provided, subject to written
permission and approval of the Director of Parks and Recreation clnd the City Fire
Marshal.
(10) FIREWORKS PROHIBITED No person shall discharge any fil;-eworks upon or
within the parks system. Professional fireworks displays proposed as a part of an
event of program shall be exempt from this provision subject to the written
permission and approval of the Director of Parks and Recreation and the City Fire
Marshal.
(11 ) FLYING OF KITES, RADIO CONTROLLED AIRPLANES RESTRICTED No
person shall fly any kite, radio controlled airplane or similar device within one
hundred (100) feet of any park building or playing field in use by other patrons, nor
operate such device so as to endanger any park patron or thereby encroach upon
the use and enjoyment of the parks by others.
(12) AMUSEMENT RIDES PROHIBITED No person shall erect or operate any
mechanical amusement rides, midway rides, air containing apparatus, or similar
apparatus within the parks system, without the prior written permission of the
Director of Parks and Recreation.
(13) VEHICLES IN PARKS GENERALLY No person shall drive or propel any
passenger car, pickup truck, sport utility vehicle, motorcycle, all-temain vehicle, go-
cart, trail bike, or any other motorized vehicle over or through the parks, park areas,
sports fields, or other park facilities except along or upon designated park drives, or
parkways.
(a) PARKING OF VEHICLES No person shall park any motorized vehicle in
the parks system except in the areas designated for such purpose.
(b) COMMERCIAL OR HEAVY LADEN VEHICLES PROHIBITED No
person shall drive, propel, or park any heavily laden vehicle, or vehicle carrying
merchandise, goods, material or rubbish, or any moving van or truck within the
parks, park areas, or park facilities.
(c) VEHICLES - EXCEPTION The provisions related to vehides herein shall
not apply to carts required for accessibility and operated by senior citizens or
physically challenged individuals, or where the operation and/or usage of such
vehicles or other vehicles are approved by the Director of Parks and
Recreation as a part of routine maintenance, or a program, activity, or event.
(14) RIDING OR DRIVING ANIMALS - EXCEPTION No person shall ride or
drive any horse, cattle, goat, sheep, donkey, mule, or other livestock over or through
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Ordinance No. 98- 2'2.. ~J
Page 5
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the parks, park areas, or park facilities, except along or upon d(~signated bridle
paths and driveways, or to or from loading or unloading points, or unless prior
approval has been received therefor by the Director of Parks and I~ecreation as a
part of a program, activity or event. This provision will not apply to th(~ area at Lomax
Park designated as the Lomax Arena and its surrounding areas.
(15) TEASING, INJURING, ETC. ANIMALS, FOWL OR FISH, PHOHIBITED No
person shall tease, annoy, molest, catch, or throw any stone, object or missile of any
kind at, or strike with any stick, object or weapon any animal in a park. This
provision will not apply to fishing or fishing activities in any body of water in the park
system.
(16) GAMBLING, GAMES OF CHANCE PROHIBITED No person shall gamble,
conduct or operate any bingo, lottery or other games of chance within a park, park
area, or park related facility, or rental facility. This provision will not apply to bingo
games at the Senior Citizen's Center, or other non-profit game, which is approved in
writing by the Director of Parks and Recreation.
(17) DISTRIBUTION OF ALCOHOLIC BEVERAGES RESTRICTIED No person
shall sell, give away, or otherwise distribute any alcoholic beverage., as defined by
the Texas Alcoholic Beverage Code, on or within the parks, park areas, park related
facilities, or rental facilities unless authorized by concessions contract or agreement,
or through a permit issued by the Director of Parks and Recreation. In considering
any permit request pertaining to alcoholic beverages, the Director of Parks and
Recreation shall evaluate the purpose of the permit request, the ;Iocation of the
proposed activity, and the likelihood of any adverse impacts of distributing such
beverages. As a condition of any permit issued to sell or distribute alcoholic
beverages, the Director of Parks and Recreation may require the presence of two
(2) or more Certified Police Officers, the cost of which is to be borne by the
requesting party. Approval of the Director of Parks and Recreation to distribute or
sell alcoholic beverages shall be conditional to any permit approvals, licensing
requirements, or restrictions of the Texas Alcoholic BeveragE! Commission
(T.A.B.C.)
(18) ALCOHOLIC BEVERAGES PROHIBITED No person shall consume or
display any alcoholic beverage within any park, park area, or park rel,ated facility, or
rental facility of the City of La Porte, as designated herein, except with a permit
issued by the Director of Parks and Recreation.
(19) ERECTING STRUCTURES, BILL POSTING, ETC. PRO.UBITED No
person shall place, erect, or attach any structure, sign, bulletin board, post, pole, or
advertising device of any kind whatever in the parks, park areas, or p~lrk facilities; or
attach any notice, bill, poster, sign, wire, rod, or cord to any tree, shrub, fence,
railing, post, or structure in the parks, park areas, or park related faci.lities, or rental
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Ordinance No. 98- 2280
Page 6
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facilities unless authorized by a written, signed agreement or permit issued by the
Director of Parks and Recreation.
(20) HANDBilL DISTRIBUTION PROHIBITED No person or bill distributor shall
hand to or foist upon any park patron a handbill or other mate!rial without the
consent of such park patron, nor shall any bill distributor thereby encroach upon the
use and enjoyment of the parks system by others.
(21) WALKING, STANDING, OR SITTING ON BORDERS, Fl.OWER BEDS,
ETC., PROHIBITED No person shall walk, stand, or sit on or in any border, flower
bed, monument, vase, fountain, railing or fence in the parks, park areas, park
related facilities, or rental facilities unless the border, et ai, is clearly designed or
designated for such purpose.
(22) REMOVAL OF PLANTS, TREE CUTTING PROHIBITED No person shall
remove or cut any flower, shrub, vine, tree, or other plant in thE! parks system
without the written permission of the Director of Parks and Recreation.
(23) PLANTING OF TREES, PLANTS, RESTRICTED No person shall plant any
flower, shrub, tree, or other plant in the parks system without the written permission
of the Director of Parks and Recreation.
(24) HUNTING, USE OF FIREARMS PROHIBITED No person shall hunt any
animal or shoot, fire, or discharge any pistol, shotgun, or rifle, other firearm or
archery arrow in, on, along, or across any park, park area, or park related facility, or
rental facility.
(25) DOGS OR OTHER ANIMALS IN PARK BUILDINGS, FACILITIES
PROHIBITED No person having control over a dog, or any other animal, shall bring
such an animal into any special park facility or park building excl3pt the Lomax
Arena and surrounding areas of Lomax Park. This provision shall not apply to a
guide dog or to a dog or other animal brought into a park building under a permit
issued therefor by the Director of Parks and Recreation.
(26) VANDALISM, DEFACEMENT OF PROPERTY No person shall perform any
act of malice, vandalism, or otherwise deface any real or personal property in, on, or
within any park, park area, park related facility, or rental facility in the parks system.
SECTION 2. If any provision, section, subsection, sentence, clause, or phrase of this
ordinance, or the application of same to any person or set of circumstances is for any
reason held to be unconstitutional, void or invalid, the validity of the remaining portions
of this ordinance or their application to other persons or sets of circumstances shall not
be affected thereby, it being the intent of the City Council in adopting this ordinance that
no portion hereof or provision or regulation contained herein shall become inoperative
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Ordinance No. 98-
Page 7
2290
or fail by reason of any unconstitutionality, voidness or invalidity of any other portion
hereof, and all provisions of this ordinance are declared to be severable for that
purpose.
SECTION 3. Any person who violates a provision of this Ordinance, upon conviction in
the municipal court of the City of La Porte, shall be subject to a fine not to exceed five
hundred dollars ($500.00). Each day of violation shall be consideired a separate
offense.
SECTION 4. The City Council officially finds, determines, recites and declares that a
sufficient written notice of the date, hour, place and subject of this mel3ting of the City
Council was posted at a place convenient to the public at the City Hall as required by
the Open Meetings Law, Chapter 551, Texas Government Code; and tl1at this meeting
has been open to the public as required by law at all times during whicl, this ordinance
and the subject matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms such written notice and
the contents and posting thereof.
SECTION 5. This ordinance shall be effective 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 Bayshore Sun at least twice within the
ten (10) days after the passage of this ordinance.
PASSED AND APPROVED, this 24th day of August, 1998.
CITY OF LA PORTE
!h~~-
1..1 rman L. Malone, Mayor
ATTEST:
~4Jjj,~~
Martha Gillett, City Secretary
e e
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Requested By: Ste hen L. Barr
Report Resol
Parks & Recreation
Exhibits:
1.
AN ORDINANCE ESTABLISHING PROVISIONS FOR PERMITTING
THE SPECIAL USE OF PARKS, PARK AREAS, PARK RELATED
FACILITIES, AND RENTAL FACILITIES COMPRIISING THE CITY
OF LA PORTE PARKS SYSTEM.
SUMMARY AND RECOMMENDATION
As discussed in the accompanying ordinance regarding general use of parks and facilities in the
City of La Porte parks system, this proposed ordinance, if approved, will establish a procedure
for approving special uses of the parks system. Some special uses such as amusement rides,
trade shows, of special events require additional insurance considerations, or other special
circumstances which require careful monitoring to assure the safety and wellbeing of our citizens.
It is important that a contemplated activity be reviewed from the standpoint of ril;k management,
safety, potential for physical damage to the facility, and other considerations, including the best
interests of the City and its citizens. This ordinance allows for careful consideration of any
proposed activity in the parks system, how it will affect other's use of the facility, and any
detrimental effects of the contemplated activity on the facility or the public.
Staff Recommendation:
Staff recommends that the proposed ordinance providing for permitting the speciul use of the City
of La Porte Parks System be approved.
Action Required by Council:
Consider approval of the proposed ordinance providing for permitting the speciall use of the City
of La Porte Parks System.
Availability of Funds:
General Fund WaterlWastewater
Capital Improvement General Revenue Sharing
XX NIA
Account Number: Funds Available YES NO
Approved for City Council Agenda
Q~T.~
Robert T. Herrera
City Manager
q- Cf-q~
Date
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ORDINANCE NO. 98- 2281 ~~CQ)[j0W
AN ORDINANCE ADDING PROVISIONS FOR PERMITTING THE SPECIAL USE OF
PARKS, PARK AREAS, PARK RELATED FACILITIES, AND RENTAL FACILITIES
COMPRISING THE CITY OF LA PORTE PARKS SYSTEM BY ADDING NEW
SECTIONS 50-10 THROUGH 50-17, INCLUSIVE, TO CHAPTER 50 OF THE CODE
OF ORDINANCES OF THE CITY OF LA PORTE; CONTAINING A ~;EVERABILlTY
CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFfECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
SECTION 1. THE CODE OF ORDINANCES OF THE CITY OF LA PORTE IS
HEREBY AMENDED, BY ADDING NEW SECTIONS 50-10 THROUGH 50-17,
INCLUSIVE, TO CHAPTER 50 OF THE CODE OF ORDINANCES OF THE CITY OF
LA PORTE, WHICH SHALL HEREAFTER READ AS FOLLOWS, TO WIT:
Sec. 50-10 PARK USE PERMITS ESTABLISHED The City Council of the City of La
Porte, hereby establishes park use permitting provisions regulating the issuance of park
and facility special use permits for all City parks, park areas, park relatE~d facilities and
rental facilities in the City of La Porte park system. Special Use Permits refers to the
process required to conduct events, public gatherings, meetings, activities, rentals of
facilities and other special uses of the parks system. Special Use Permits issued to the
public for non-restricted use and restricted use of each park, park are,a, park related
facility or rental facility in the City Park system shall be governed according to the
provisions described herein.
Sec. 50-11 PARKS, PARK AREAS, PARK RELATED FACILITIES, RENTAL
FACIL TIES, ADDITIONS Future addition of dedicated parkland, park areas, park
related facilities, rental facilities to the City of La Porte Parks System, as approved by
City Council, or placed under the control of the Parks and Recreation Department by
executive order, shall be subject to and be governed by the provisions described
herein.
Sec.50-12 REGULATORY NATURE OF PERMITS The permit process shall be
viewed as a regulatory function in which the requests for special use of parks, park
areas, park related facilities, or rental facilities is evaluated against the provision or loss
of basic recreational opportunities to the general public.
(1) NON-RESTRICTED USE PERMITS DEFINED Non-restricted use permits
shall include those special use permits issued for events or other USE!S of the parks
system where public participation is a function of the intended special use.
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Ordinance No. 98- :JJ81
Page 2
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(2) RESTRICTED USE PERMITS DEFINED Restricted use permits shall include
those special use permits issued for functions or activities where public use of parks,
park areas, park related facilities, and rental facilities may be curtailed, or where
commercial promotion or use of the park or facility is contemplated.
Sec. 50-13 EVALUATION OF PERMIT REQUESTS Requests ftJr special use
permits, and any additional, special,' or extra privileges requested therein, shall be
evaluated against the following criteria:
(1) The requested park, park area, park related facility, or rental facility, or part
thereof has been previously scheduled or reserved;
(2) The compatibility of the requested use with the design, function, amenities, and
purpose of the park, park area, park related facility or rental facility, or part thereof;
(3) The compatibility and relationship of the requested use with the surrounding
neighborhood or community;
(4) The degree of impact of the requested use upon park lands, buildings,
facilities, and appurtenances;
(5) The extent to which the requested use will interrupt the safe, orderly movement
of traffic, or police, fire, ambulance or other emergency equipment on streets
adjacent to, running through, or around the park or facility;
(6) The degree to which the requested use or function would bl~ disruptive or
promote disorderly conduct;
(7) The degree to which the requested use can be reasonably conducted without
public safety or health hazard;
(8) The requested use does not violate any applicable rules and re~lulations of the
Parks and Recreation Department, the Charter and Code of the City of La Porte,
Harris County codes and rules, or state and federal laws;
(9) The past performance or non-performance of the requestiing individual,
company, organization or other applicant;
(10) The ability of the requesting individual, company, organization, or other
requestor to meet any stipulations, instructions, or orders pertaining to, or required
for the safe and orderly conduct of the function or requested use.
(11) The financial and managerial ability to conduct the requested use or function
including the payment of any required fees and the provision of any required support
services;
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Ordinance No. 98- 2281
Page 3
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(12) The ability of the Parks and Recreation Department to providl~ services, staff,
or equipment necessary to support the request;
(13) Overall, whether the requested use is restricted or non-restricted, and how
such proposed use may have an adverse effect on the use of the park, park area,
park related facility, or rental facility by the public.
Sec.50-14 PERMn PROCESS Any person eighteen (18) years or older may
request a special use permit for any park, park area, park related f.acility, or rental
facility in the City of La Porte parks system by submitting a written request or by
submitting an applicable application to the Parks and Recreation Administrative Offices
at 1322 South Broadway in La Porte, Texas (P.O. Box 1115, La Porte, TX 77572-1115)
during regular business hours. The Director of Parks and Recreation will review the
special use permit request, utilizing the review criteria herein stated, and respond in
writing within five (5) working days. The written response will indicate the approval of
the permit, or the reasons why the permit request was denied, based on the review
criteria. Approved permits for special use of parks system facilities and areas are
subject to written rules and regulations on file at the Parks and Recreation Department
offices. A copy of pertinent rules and regulations are furnished to the requestor upon
approval of the permit.
Sec. 50-15 SPECIAL USE PERMIT A PRIVILEGE A special use permit granted by
the Director of Parks and Recreation is for a temporary and interruptible! use of a park,
park area, building, facility or part thereof. Such permit is a privilege granted by the City
of La Porte and not a right, and does not and shall not be construed to convey any legal
or equitable interest whatsoever to any park, facility or part thereof.
Sec. 50-16 PERMIT NON-TRANSFERABLE A special use permit is issued in the
applicant's name as an individual, or a representative or agent of a company,
organization or other entity for a specific purpose, at a particular park, park area, park
related facility, or rental facility, or part thereof, and for or during a speciific date(s) and
time(s). Such permit cannot be assigned, sold, lent, leased or otherwise transferred
even though the name of the requestor, or name of the company, organization or other
entity represented by the requestor may change.
Sec. 50-17 TEMPORARY CLOSURE, CHANGE IN OPERA liNG /-lOURS The
Director of Parks and Recreation may from time to time order the temporary closure or
change in operating hours of parks, park areas, buildings, or facilities in the parks
system. Such temporary closure or change in operating hours may be! required as a
result of renovation and construction projects, a safety, health or weather emergency,
or other operations situation, and shall not be considered a permanl~nt change in
operating hours unless such change is filed by rule.
Ordinance No. 98-
Page 4
211
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SECTION 2. If any provision, section, subsection, sentence, clause, or phrase of this
ordinance, or the application of same to any person or set of circumstances is for any
reason held to be unconstitutional, void or invalid, the validity of the remaining portions
of this ordinance or their application to other persons or sets of circumstances shall not
be affected thereby, it being the intent of the City Council in adopting thh; ordinance that
no portion hereof or provision or regulation contained herein shall become inoperative
or fail by reason of any unconstitutionality, voidness or invalidity of any other portion
hereof, and all provisions of this ordinance are declared to be severable for that
purpose.
SECTION 3. The City Council officially finds, determines, recites and declares that a
sufficient written notice of the date, hour, place and subject of this mee!ting of the City
Council was posted at a place convenient to the public at the City Hall 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 4. 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 Bayshore Sun at least twice within the
ten (10) days after the passage of this ordinance.
PASSED AND APPROVED, this 14th day of September, 1998.
CITY OF LA PORTE
li_~~
~~L. Malone, ayor
ATTEST:
~JiJ//ii
Martha Gillett, City Secretary
TO FORM:
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'EQUEST FOR CITY COUNCIL AGENIITEM
AGENDA DATE September 14, 1998
REQUESTED BY Jeff Litchfield, Finance Director/ACM
_ REPORT; _ RESOLUTION; .1QL ORDINANCE; and Attachments
A Request for Proposal (RFP) for Professional Auditing Services was issued on June 15, 1998.
In addition to advertising in the Bayshore Sun, notice was sent to the Chamber (If Commerce and
nine Certified Public Accounting Firms, including all of the "Big Six" firms.
On July 9, 1998, RFP's were due. Only one firm (White Petrov and McHone) submitted a
proposal. Staff was concerned with the lack of proposers and would like to point out several
items. The past audit firm was Null Lairson and Associates. The City believes Null did an
excellent job. The City wanted to change auditors only because we feel it important to change
periodically so the system can be reviewed by a fresh set of eyes. Null, knowing our position did
not submit a proposal. In casual discussion with representatives of the Big Six firms over the
past several years, they have indicated that they have very limited governmental clients in the
Houston area and most have their governmental sectors stationed out of their Dallas offices.
Prior to using Null, the City used KPMG Peat Marwick, but they have since closed their
government sector office.
Staff visited with representatives of White Petrov and McHone and believes the firm is well
qualified to perform the financial audit of the City. Further checks of their references verified our
interpretation of their abilities. In addition, I called representatives of Null for a reference check
and received a very good report on White Petrov and McHone.
Normally, the Audit Committee would have been involved in interviewing the firm:s that had
proposed, however, since only one proposed, we visited with the Audit Committee and shared
the result of our meetings and recommended we enter into an engagement with White Petrov
and McHone. The Audit Committee was receptive to our recommendation.
The audit fee proposed by White Petrov and McHone is $31,000 for 1998, $32,000 for 1999 and
$33,000 for 2000. This amount is very similar to the amount we have paid in past years. We
did ask for the firm to provide a quote for the preparation of the financial statements and received
a price of $4,500. At this time, we are reserving the right to execute that option at a later date.
There is $43,000 budgeted in the 1998-99 Budget for Auditing Services.
At this time, staff recommends we proceed with a three year engagement with White Petrov and
McHone for provide financial auditing services to the City of La Porte.
ACTION REQUIRED BV COUNCIL:
Approve Ordinance authorizing agreement with White Petrov and McHone for auditing services
for a three year period (September 30, 1998, 1999 and 2000).
FUND General ACCT NUM: 001-6141-515-5001 & 016-7075-533-5001
FUNDS AVAILABLE: Yes
APPROVED FOR CITY COUNCIL AGENDA
6?~ T.~
ROBERT T. HERRERA, CITY MANAGER
9.-(tl -Gf~
DATE
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c.......@....~. V
i . ~::.b .
t, ..<,0. ~.. ..
ORDINANCE NO. 98-2282
AN ORDIHABCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEBH THE
C:tTY OP' LA PORTE AND WB:tTE PETROV HCHONE, CERT:tP':tED PUBL:tC
ACCOUH'l'AB'l'S, P'OR AUDITING SERVICES; MAKING VARIOUS lr:tBD:tNGS AND
PROVISIONS RELATING TO THE SUBJECT; P'IBDING COKPLIAI~E WITH THE
OPO HEETINGS LAW; AND PROVIDING AN EP'P'ECTIVE DATE HEliEOP'.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY O:~ LA PORTE:
Section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking descr ibed in the
title of this ordinance, in substantially the form as :3hown in the
document which is attached hereto and incorporated herein by this
reference. The City Manager is hereby authorized to E~xecute such
document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to at.test to all
such signatures and to affix the seal of the City 1:0 all such
documents.
Section 2. The City Council officially finds, determines,
recites, and declares that a sufficient written notice ()f the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
ci ty for the time required by law preceding this loeeting, 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 t.he 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 there.:)f.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
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ORDINANCE NO. 98-2282
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PASSED AND APPROVED, this 14th day of September, 1998.
ATTEST:
~dJjj,dj). /tIItti
Ma tha A. G111ett
City Secretary
6ZceJ~
Knox W. Askins
City Attorney
By:
CITY OF LA PORTE
~ I
''4~ '---
o an L~~
Mayor
P1'.GE 2
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DISTRIBUTION LIST FOR RFP
Ross Johnson, Director
DELOITTE & TOUCHE
333 Clay, Suite 2300
Houston, Texas 77002
713 756-2000
Robert Belt, Senior Manager
WHITE PETROV MCHONE
1415 Louisiana, 24th Floor
Houston, Texas 77002-7352
713 659-1777
Lisa Anderson, Government Partner
KPMG PEAT MARWICK LLP
700 Louisiana, Suite 3100
Houston, Texas 77002
Wayne McConnell, Partner
MCCONNELL & JONES, PC
11 Greenway Plaza
Houston, Texas 77046
713 622-7666
Marvin R. Clement
WAKEFIELD AND HALLOWAY, PC
17047 EI Camino Real, Suite 140
Houston, Texas 77058
713 486-7358
Brenda McDuffie, Senior Manager
ERNST & YOUNG LLP
1221 McKinney, Suite 2400
Houston, Texas 77010
713 750-1500
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COOPERS & LYBRAND
11 00 Louisian~ Suite 4100
Houston, Texas 77002
713 757-5200
William E. Swanson, Partner
ARTHUR ANDERSEN LLP
711 Louisian~ Suite 13 00
Houston, Texas 77002
713 237-2323
PRICE WATERHOUSE LLP
1201 Louisiana
Houston, Texas
713 654-4100
lIB
WHITEPETRovMcHONE
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August 26, 1998
Honorable Mayor Norman Malone
City of La Porte, Texas
605 W. Fairmont Parkway
La Porte, Texas 77571
We are pleased to confirm our understanding of the services we are to provide for THE CITY OF LA PORTE,
TEXAS (the City). We will audit the general purpose financial statements of the City as of and for the years
ended September 30, 1998, 1999, and 2000. Also, the documents we submit to you will include the combining,
individual fund and account group financial statements and schedules, and the Schedule of Expenditures of
Federal Awards that will be subjected to the auditing procedures applied in our audit of the general purpose
financial statements. The documents will also include a statistical section that will not be subject to the
auditing procedures applied in our audits of the general purpose financial statements, and for which our
accountants' report will disclaim an opinion. In addition, we will assist the City in obulining the Government
Finance Officers Association's Certificate of Achievement for Excellence in Financial Reporting.
The objective of our audits is the expression of an opinion as to whether the genc~ral purpose financial
statements are fairly presented, in all material respects, in conformity with generally accepted accounting
principles and to report on the fairness of the additional information referred to in the first paragraph when
considered in relation to the general purpose financial statements taken as a whole. The objective also includes
reporting on the City's compliance with laws and regulations and the provisions of contracts and grant
agreements and its internal controls as required by the Single Audit Act Amendments of 1996 and OMB
Circular A-l33, Audits of States, Local Governments. and Non-Profit Organizations. Our audits will be
conducted in accordance with generally accepted auditing standards; the standards for financial audits contained
in Government Auditing Standards, issued by the Comptroller General of the United States; the Single Audit
Act Amendments of 1996; and the provisions ofOMB Circular A-I33, and will include tests of the accounting
records of the City and other procedures we consider necessary to enable us to express such an opinion and to
render the required Single Audit reports. If our opinion on the general purpose financial statements or the
Single Audit compliance opinion is other than unqualified, we will fully discuss the reasons with you in
advance. If, for any reason, we are unable to complete the audit or are unable to expres,s an opinion, we may
decline to express an opinion or may not issue a report as a result of this engagement.
The management of the City is responsible for establishing and maintaining internal control. In fulfilling this
responsibility, estimates and judgments by management are required to assess the expecu:d benefits and related
costs of the controls. The objectives of internal control are to provide management wilth reasonable, but not
absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition; that
transactions are executed in accordance with management's authorizations and recorded properly to permit the
preparation of general purpose financial statements in accordance with generally accepted accounting
principles; and that federal financial assistance programs are managed in compliance with applicable laws and
regulations and the provisions of contract and grant agreements,
A Professional Corporation
Certified Public Accountants & Consultants
17225 EI Camino Real, Suite 444 . Houston, Texas 77058.2768
Finn: 281.488.4450 · Fax: 281.486.9668 · wpmcpas@wpmnet.com
Member of Summit International Associates, Inc.
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City of La Porte, Texas
August 26, 1998
Page 2
In planning and perfonning our audits for the years ended September 30, 1998, 1999, and 2000, we will
consider the internal control sufficient to plan the audit in order to detennine the nature, timing, and extent of
our auditing procedures for the purpose of expressing our opinions on the City's general purpose financial
statements and on its compliance with requirements applicable to major programs.
We will obtain an understanding of the design of the relevant controls and whether they have been placed in
operation, and we will assess control risk. Tests of controls may be perfonned to test the effectiveness of
certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the
general purpose financial statements and to preventing and detecting misstatements resulting from illegal acts
and other noncompliance matters that have a direct and material effect on the genl;:ral purpose financial
statements. (Tests of controls are required only if control risk is assessed below the maximum level.) Our tests,
if perfonned, will be less in scope than would be necessary to render an opinion on. internal control and,
accordingly, no opinion will be expressed.
We will perfonn tests of controls, as required by OMB Circular A-l33, to evaluate the effectiveness of the
design and operation of controls that we consider relevant to preventing or detecting material noncomplianc~
with compliance requirements that are applicable to each of your major federal award programs. Our tests will
be less in scope than would be necessary to render an opinion on internal control and, ac:cordingly, no opinion
will be expressed.
An audit is not designed to provide assurance on internal control or to identify reportable conditions. However,
we will infonn you of any matters involving internal control and its operation that we consider to be reportable
conditions under standards established by the American Institute of Certified Public Acc:ountants. Reportable
conditions involve matters coming to our attention relating to significant deficiencies in the design or operation
of the internal control that, in our judgment, could adversely affect the entity's ability to record, process,
summarize, and report financial data consistent with the assertions of management in the general purpose
financial statements. We will also infonn you of any nonreportable conditions or other matters involving
internal control, ifany, as required by OMB Circular A-I33,
Identifying and ensuring that the City complies with laws, regulations, contracts, and ngreements, including
grant agreements, is the responsibility of management. As part of obtaining reasonable assurance about
whether the general purpose financial statements are free of material misstatement, we will perfonn tests of the
City's compliance with applicable laws and regulations, and the provisions of contracts and agreements, .
including grant agreements. However, the objective of our audit will not be to provide an opinion on overall
compliance, and we will not express such an opinion.
\
dur audits will be conducted in accordance with the standards referred to in the second paragraph. OMB
Circular A-l33 requires that we plan and perfonn the audit to obtain reasonable assurance about whether the
auditee has complied with applicable laws and regulations, and contracts and grant agrc::ements applicable to
major programs. Our procedures will consist of the applicable procedures described in the OMB's compliance
supplement. The purpose of these procedures will be to express an opinion on the City's compliance with
requirements applicable to major programs.
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City of La Porte, Texas
August 26, ] 998
Page 3
Our procedures will include tests of documentary evidence supporting the transactions rel::orded in the accounts,
and may include tests of the physical existence of inventories and direct confinnation of receivables and certain
other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We
will request written representations from your attorneys as part of the engagement, and they may bill you for
responding to this inquiry. At the conclusion of our audits, we will also request certain written representations
from you about the financial statements and related matters.
An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial
statements; therefore, our audit will involve judgment about the number of transactions to be examined and the
areas to be tested. We will plan and perfonn the audits to obtain reasonable assurance about whether the
financial statements are free of material misstatement, whether caused by error or fraud. As required by the
Single Audit Act Amendments of ]996 and OMB Circular A-133, our audits will include tests of transactions
related to federal award programs for compliance with applicable laws and regulations and the provisions of
contract and grant agreements. Because of the concept of reasonable assurance and because we will not
perfonn a detailed examination of all transactions, there is a risk that material misstatement may exist and not
be detected by us. In addition, an audit is not designed to detect errors, fraud, or othl~r illegal acts that are
immaterial to the general purpose financial statements or to major programs. However, we will infonn you of
any material errors and any fraud that comes to our attention. We will also infonn you l)f any illegal acts that
come to our attention, unless clearly inconsequential. We will include such matters in the. reports required for a
Single Audit. Our responsibility as auditors is limited to the period covered by our audits and does not extend
to matters that might arise during any later periods for which we are not engaged as auditors.
Management is responsible for making all financial and related infonnation available to us. We understand that
yqu will provide us with the basic infonnation required for our audits and that you are responsible for the
~ccuracy and completeness of that infonnation. We will advise you about appropriate accounting principlCTs
and their application and will assist in the preparation of your financial statements, but the;: responsibility for the
financial statements remains with you. That responsibility includes the establishment and maintenance of
adequate records and effective internal control over financial reporting, the selection and application of
accounting principles, and the safeguarding of assets. Additionally, as required by OMf! Circular A-133, you
will prepare the summary of prior audit findings.
We understand that your employees will: provide us with trial balances, general ledgers, type all cash or other
confinnations we request, and locate any invoices selected by us for testing,
The workpapers for this engagement are the property of WlllTE PETROY McHONE, A Professional
Corporation and constitute confidential infonnation. However, we may be requested to make certain
workpapers available to your cognizant or grantor agency pursuant to authority given to it by law or regulation.
If requested, access to such workpapers will be provided under the supervision of wmTE PETROY McHONE
personnel. Furthennore, upon request, we may provide photocopies of selected workpapers to your cognizant
or grantor agency. Your cognizant or grantor agency may intend, or decide, to distribute the photocopies or
infonnation contained therein to others, including other governmental agencies.
We expect to begin our interim audit procedures in September and to issue our report for the year ended
September 30, ] 998, no later than February 10, ] 999, assuming all year end accounting work is completed in a
ti~ely fashion.
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City of La Porte, Texas
August 26, 1998
Page 4
Our fees for these services will be based on the actual time spent at our standard hourly rates, plus travel and
other out-of-pocket costs such as report production, typing, postage, etc, We estimate our fees including out-of-
pocket costs will be $31,000, $32,000, and $33,000 for the years ended September 30, 1998, 1999, and 2000,
respectively. Our standard hourly rates vary according to the degree of responsibiility involved and the
experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each
month as work progresses and are payable within 30 days. The above fees are based on unticipated cooperation
from your personnel and the assumption that unexpected circumstances will not be encountered during the
audit. If significant additional time is necessary, we will discuss it with you before we incur the additional
costs.
Government Auditing Standards require that we provide you with a copy of our most recent quality control
review report. Our peer review report accompanies this letter.
Because many computer systems use only two digits to record the year in date fields, su<:h systems may not be
able to accurately process dates including the year 2000 and after. The effects of this p:roblem will vary from
system to system and may adversely affect your operations as well as the ability to prepare financial statements.
An audit of financial statements conducted in accordance with generally accepted audliting standards is not
designed to detect whether your systems are year 2000 compliant. Further, we have IlO responsibility with
regard to your efforts to make your systems year 2000 compliant or to provide assurance on whether you have
addressed, or will be able to address, all of the affected systems on a timely basis. These are your
rc:sponsibilities. However, we may choose to communicate matters that come to our attention relating to ~e
potential effects of the year 2000 on your computer systems.
We appreciate the opportunity to be of service to the CITY OF LA PORTE, TEXAS llnd believe this letter
accurately summarizes the significant terms of our engagement. If you have any questions, please let us know.
If you agree with the terms of our engagement letter, please sign one of the enclosed copies and return it to us in
the business reply envelope we have provided for your convenience. The other copy is for your files.
Very truly yours,
standing of the CITY OF LA PORTE, TEXAS.
~
N rman Malone, Mayor
q {, q ( fa
Date
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DB I Rnbin. Brown.-
"&(;/~~~~-~
230 South Bemtston A...l'\ue
St. I.oua. MJaoun 6:J105
~"""'Ie ~f7"Z7~50
F.t.X 3W f7"Z7.1i1lt5
To the Shareholders
White Petrov McHone
A Professional Corporation
We have reviewed the system of quality control for the accounting and auditing
practice of White Petrov McHone, A Professional Corporation, (the firm) in effect for
the year ended July 31, 1995. Our review was conducted in conformity with
standards for peer reviews promulgated by the peer review committee of the SEe
practice section of the AICPA Division for CPA Firms (the section). We tested
compliance with the firm's quality control policies and procedures and with the
membership requirements of the section to the extent we considered appropriate.
These tests included the application of the firm's policies and procedures on selected
accounting and auditing engagements.
In performing our review, we have given consideration to the general characteristia;
of a system of quality control as described in quality control standards issued by the
AlCP A. Such a system should be appropriately comprehensive and suitably designed
in relation to the firm's organizational structure, its policies, and the nature of its
practice. Variance in individual performance can affect the degree of compllRn~ with
a firm's presc:n.bed quality control policies and procedures. Therefore, adherence to
all policies and procedures in every case may not be possible. As is customary in a
peer review, we are issuing a letter under this date that sets forth comments related
to certain policies and procedures or compliance with them.. None of these matters
were considered to be of sufficient significance to affect the opinion expressed in this
report.
In our opinion, the system of quality control for the accounting and auditing practice
of White Petrov McHone, A Professional Corporation, in effect for the year ended
July 31, 1995, met the objectives of quality control standards establiAhed by the
AICPA, and was being complied with during the year then ended to provide the firm
with reasonable assurance of conforming with professional standards. Also, in 01II'
opinion, the firm was in conformity with the membership requirements of the section
in all material respects.
October 18, 1995
~~~~J,a.
~irn-;;,~WN, GORNSTEIN & CO.
Certified Public Accountants
MembeI. Summlt ~ A8e0c:aae., Inc... wttn ~ In prtndpa/ us. and International Oties
~ Inatttute 01 CArtI1led ~ AaxlunW1ta
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naVRubin. Brow~
GornsiRin & c&
~~A~~ -
230 South ~ A..nue
St. lDt..u. Mlaoun 83105
~ ....... 3'Wf'1"ZT~50
F.u 3'Wf'1"ZT41i5
To the Shareholders
White Petrov McHone
A Professional Corporation
We have reviewed the system of quality control for the accounting and auditing
practice ofWbite Petrov McHone, A Professional Corporation, (the firm) in effect for
the year ended July 31, 1995. Our review was conducted in conformity with
standards for peer reviews promulgated by the peer review committee of the SEe
practice section of the AICPA Division for CPA Firms (the section)o We tested
compliance with the firm's quality control policies and procedures and with the
membership requirements of the section to the extent we considered appropriate.
These tests included the application of the firm's policies and procedures on selected
accounting and auditing engagements.
In performing our review, we have given consideration to the general characteristics
of a system of quality control as described in quality control standards issued by the
AICPA Such a system should be appropriately comprehensive and suitably designed
in relation to the firm's organizational structure, its policies, and the nature of its
practice. Variance in individual performance can affect the degree of complj::lnce with
a firm's prescribed quality control policies and procedures. Therefore, adherence to
all policies and procedures in every case may not be possible. As is customary in a
peer review, we are issuing a letter under this date that sets forth comments related
to certain policies and procedures or compliance with them. None of these matters
were considered to be of sufficient sip;n;ficance to affect the opinion expressed in this
report.
In our opinion, the system of quality control for the accounting and auditing practice
of White Petrov McHone, A Professional Corporation, in effect for the year ended
July 31, 1995, met the objectives of quality control standards eslllbl;shed by the
AICPA, and was being complied with during the year then ended to provide the firm
with reasnnAhle assurance of conforming with professional standards. Also, in our
opinion, the firm was in conformity with the membership requirements of the section
in all material respects.
October 18, 1995
~ ~(41t ~ ~ {l;.
~k~,~WN, GORNSTEIN & CO.
Certified Pohlic Accountants
Memoel. Sl.IrrmIt lnamatiot..J Aaodatas. In::... wttn offlcee In ~ us. and In1emationaJ c:n.s
AAwbn Inatttute 01 c.tffied Pubt;c Ac:ccuntanta
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WHlTEl'ETROVMCHONE
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A Profilssicma1 CoIporBIicn
Certified Public AlxlouDIBmlI md CDIISIIlIIIIIIJ
1415 LouisiaDa. T\WIIlyFounhFloar, HousulD. T_77002.7352
Film: 713.659.1Tn . Fax 713.658.9606 . wpau:pras@wpmnecom
Member ofSUIDIIIillmaDBlicma1 AssociaIa. lDc.
CODrae!: Robert Belt
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III
WHlTEPETRovMcHONE
LEITER OF TRANSMITTAL
July 8, 1998
Honorable Mayor and Members
of City Council and Audit Committee:
We appreciate the opportunity to present our firm, White Petrov McHone,
("WPM") and the professional services we can provide the City of La Porte (the
"City"). We are very proud of the heritage of our firm and our reputation in the
community. Therefore, with great pride we present our proposal.
We hope that within this document we communicate how WPM distinguishes
itself; and the benefits of the service we can provide the City. In addition, we
are hopeful that after your careful review of the audit firm candidates that you
will select our Firm based on our reputation, value of our services and our abili-
ties to meet your needs.
We fully understand the work to be done and are committed to its completion
within the time period specified in your request for proposal. You can consider
this proposal a firm and irrevocable offer for 90 days.
Thank you once again for the opportunity to present our firm. I am authorized
to make representations for the Firm., should you need additional information or
have any questions.
Sincerely,
~w..{ut&A-
Mark McGrath, C.P.A., Owner
A Profelllillaal Carparmillll
CcnilIed PubDll AacauaUIIW CClIIJlIIuIl
1415 t.auiaiaDa. rv.a1Y Faunll F1_, Haullllll. T_ 77002.7352
FIrm: 713.65Um . Fa 713.651.9606 . wpmcp....m.....cam
M=bcrllf SlIIIIIIIiIlalmlllillllll AIIociIIa. lac.
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Overview .of White
Petrov McHone
Established in 1945, WMe Petrov
McHone (the "Firm" ) is a time proven
institution, surviving and thriving,
through the GuW Coast Area's economic
cycles.. Continuity is a large part of
what WPM is all about. Continuity of the
Firm is the direct result of the loyalty of
our clients. By providing exceptional
service, which has also helped our
'4Continuity is a large part
of what WPM is all about"
clients survive and thrive, we have
ensured our own longevity and
success.
Our Founders established a public
accounting firm with a sterling
reputation and they cultivated
individuals in the Firm that could
continue to uphold the reputation of
the Rrm that bears their name. We
strive to enhance that reputation each
day. Of course
the best way to
find out
someone's
reputation is to
"ask around"
and we
encourage
anyone
interested in our firm, client or
associate, to do just that. The
cultivation process started by our
Founders is still going em today, to
make sure WPM's sterling reputation is
always kept polished/
Oients love the continuity of our team
members. We are known for the tenure
of our people. At thirty-four years, our
President has been with WPM longer
than most firms have D~n in business.
Even support staff haVE! made WPM
their home having four members with
over fourteen years of service. In fact,
as noted in the followin!~ chart, we
believe the average tenure of our team
members, which even includes our
summer interns, May graduates and
personnel for new market segments, is
probably twice as high cIS the industry
average. This means our clients'
"Clients love the: continuity
of our team meDlbers"
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phone calls are answerEld by someone
that knows who they am and are
directed to someone that has helped
service their account fol" years.
Tenure at WPM
GroUI) Number Total A, cr..~e
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I Owner 7 152 22
Manager 10 67 7
Professionals 15 23 2
Support 11 70 6
Of Counsel 2 8S 43
TOTAL ~5 397 9
Although we are
one of the larger
locaJ firms with
forty five of the
most talented
ind~/iduals in the
industry, we
recclgnize strength
is not always in numbem. That is why
we have assembled what we believe is
one of the best teams 01: professionals
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and support personnel in the area. In
addition to most of our professional
team members being CP/4s, we also
have an attomey on staff, five members
with MBAs and three individuals with
advanced certifications.
One thing that remains the same is
WPM is a leader. In a profession
historical~ dominated by males, WPM
was one of the first firms in the area to
admit a female owner. In this area WPM
still.stands out with four of ~ur seven
partn~rs being.v.i9men. ~r leadership
role has alsO: pr~ded ~ ~eral
opporttJniti~ to grYe input into the
. legislative and regul~ory process. For
example, WPMWas instrum~ntal in
establishing accounting and auditing
procedures for utility districts in Texas
and built a substantial practice in this
area.
One of the ways WPM ensures the
continuity of service to clients is to
divide the Rrm into five practice
e
segments or lIgroups" which can focus
their attention on the special needs of
clients which they serve. One of our
largest groups, and of greatest
importance to you is our Government/
Nonprofit Group, which is discussed in
greater detail in the remainder of this
proposal.
WPM services clients principally in the
Gulf Coast Area of Texas through its
primary office located in the Wedge
International Tower in downtown
Houston and satellite office in the Clear
Lake area.
Being a member of Summit International
Associates, Inc., allows WPM to provide
services to a number of international
clients and many of the benefits
associated with national and
international accounting firms.
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'VViealth of
Experience
Audit and related compliance and
consulting services is one of the many
areas in which WPM is highly regarded.
It speaks highly of the quality of our
work in this area to note that despite
the crises in the petrochemical industry
in the 70's, drop in real estate values
in the 80's and the whole collapse of
the Texas savings and loan industry,
WPM's reputation has remained
untarnished, despite having significant
client base in each of the affected
markets.
Our governmental group is the largest
provider of audit and consulting
services within our firm and has the
greatest concentration in specific client
types. Our focus is on municipalities
and its derivative, municipal utility
districts and other special entities
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(indian tribes,
special
authorities,
etc.). The Firm
has experience
in auditing
school districts
and housing
authorities but
has made a
business decision not tiC 'AOrk in these
areas. Resources of firms with any
significant share of the governmental
market are stretched tel the limit during
the fall, so this decision allows us to
wisely use our resources.
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"We get quality work out
the door and into our
clients hands"
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We have a large number of clients with
September 30th fiscal year ends. To
ensure client satisfaction, specifically
timeliness, we have refined a number
of systems over the yeclrs to ensure
that the clients financiai statements are
delivered within 120 days from the
fiscal year end. Unlike the City, our
infrastructure can not te seen. These
intangible systems werE! designed over
our fifty three years of practice to get
quality work out the doc)r and into our
clients hands.
Our systems are put to the test each
year. We annually audn: approximately
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Lake area and would work on the Gty's
audit. The final processing of the audit
and review would occur at our downtown
office.
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WHllIPmcvMm~E
two hundred governmental entities, so
we have gotten report production down
to a science. In fact we have even
n~~ th.i~ ~rtion of oot.firm as the
Re~rt P~udi?n Group:or as we call it
"RPG". .
Seven members ~..9ur ~nm work on
governmental ~lierrts almOst exclusively
and are full time membars of our
Governmental/Nonprofit Group. They
are supported by a central staff which
includes twelve professionals. During
our peak periods, much of the central
staff is dedicated to ensuring that all of
our reports go out on time. Several
members of our staff reside in the Clear
Mandatory. ~ c~~~~a"D~t~~~~~~: ~~i~4ecf~itliiil':~liiS p~pos~L: ~.. '.
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We ar~ ~deFndenf9i.tlie: City an:~.'.itS ~iti~OQentum~iS.~~.(;Y:'q$ and'tt!c.oA-b\ : '.
Government Audi~ . "stai1CbilciS:~'Th~1iav~:beeii il~' . . of~i~~""retatiOn~s InvolVfu ~the. ..'
Finit Willf~C;ty;~u._#~tUni!;r::,;;~,::~,~ji}':":':;1r?d~?:':S~:'; '.
The-Fimi andali-thek; .. iiieii1bCrsaSil '~'fotb.e.eji ~'em~tte8rfi;:ire:':"'~"&:LliceDSe(ftc)' /.
actioD;bikeJi"~ ~g"agaii:iSt: tJie'"E'iiin.bY'"aii.' .State t:.~~-~~P.io~icmal'cqaniz8- .
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Engagement
Team
Our proposed engagement team
consists of the most qualified municipal
auditors in the area and is optimally
designed to get the City's audit
completed in the most efficient and
timely manner possible.
rOllr Key Team ilJembers
. l\lark McGrath
Owner (partner in charge)
. Robert Belt
Senior Manager
. Amanda Eaves
Senior
. Patsy Waldrop
Owner (2nd partner
review)
Mark McGrath will serve as the
"partner in charge" and be responsible
for ensuring your satisfaction and final
approval of the
audit.
Mark is no stranger
to city operations.
He is currently
serving on the City
Council for the Oty
of Meadows Place.
He has also worked
on various city
committees prior to being elected to
his current position. This provides our
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team with a leader that can also look at
the aud~ from an electE!d officials
perspective.
k:, you would expect, Mark's
credentials are qu~e impressive. He
has twenty years of professional
experience, fourteen of which are with
WPtt ~~,ng t~i~:~e h~. ~_audited ~t..
a1~ e/~ loQI 9bverij~ c1ien(~
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type-~Jn addition, Mark has . ':~:. . .;.;
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parti~fp~~}n .~ vafiety~bf pfog~s ,:;
geared: ~o gOvernm~ntal entfties -. .
,. ..' ,
includrijg the:~FOA's ?~ecial'Revie:v .
Committee.
Robert Belt will be directly managing
your engagement onsitl~ and will be
actively involved in the day to day
aspects of your audit.
Robert has ten years elI:perience
auditing cities in the Houston area. He
has worked in some capacity with most
of the cities in the area with a
population of 6,000-50,000. This
focus on cities enabled
Robert 'to be involved
in special city
consutting projects,
which has increased his
. value a!; an auditor.
~ BecaLlSl~ of his
k'~c .... knowll~ge of city
~ rop~ .' . ... . ". operations, the Firm
has rE!Cently been
engaged to investigate alleged abuses/
mismanagement in a C"dy's police
department.
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Robert has prepared countless CAFRs
which received the GFOA Certificate of
Achievement for Excellence in Financial
Reporting Award, including first time
submissions. In adcfltion, he has served
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League City
Seabrook
EI Lago
Friendswood
Pearhund
Alvin
:Manvel
Hillcrest
South HOlllston
Galena Park
Jacinto City
Mont Belvieu
Nederlallld
HumbRe
Con roe
Shenandoah
Oak Ridge North
Brookshire
Katy
Wallis
Fulshear
Spring Valley
Hilshire Village
Hedwig Village
Bunker Hill
Piney Point
BeUaire
Rosenberg
Sugar Land
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on the GFOA's special review committee
and reviewed financial statements from
ctties across the nation. Robert is also a
'recipient of the A1CPA's Certificate of'
Educational Achievement in Financial
Audits of Governmental Enttties.
Amanda Eaves will be the senior
assigned to the Oty's engagement team
and will supervise the two staff members
on the team. Amanda comes to us with
two years of accounting experience with
the City of Nederland, She has put this
experience to good use while conducting
audtts for ctties while at the Firm.
Patsy Wadrop will conduct the "second
partner" review as a final step to give
the audtt one last look by someone not
directly involved in the engagement. In
Patsy's twenty two years at the Firm
conducting and reviewing governmental
audits has well qualified her for this
position.
As you would expect, the key members
of your engagement team are (PAs and
members of the A1CPA and Texas
Society of CPAs. Other organizations in
which they participate include the Gulf
Coast Chapter of GFOAT and the
National Association of Local
Government Aud~ors. In addition, all of
the key members have met yellow book
CPE requirements for the last three
years.
III
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intenlai controk':' E.ven: ,
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count on a thorough au-:
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Scope and
Approach
We are Ilcity auditors" therefore our
scope and approach is geared to the
unique operating environment for a
Texas municipality. The Oty of La
Porte's finance department is "well
thought or in the financial commu-
nity, therefore we would expect to
fine tune our procedures while per-
forming our on-site planning proce-
dures at the in~eption of the audit.
"an audit should bring
value to the city being
audited"
Our audit will be conducted in accor-
dance with the standards noted in the
table below and we will provide the Gty
with project deliverables as noted in
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the table to the far right:, as you should
expect of any firm bidding on your audit.
However, we believe OUI' work product
will be substantially diffe~rent despite the
similarities in the outward appearances.
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We believe that in addition to receiving
assurance from a reputiible firm that
your financial statements are fairly pre-
sented, an audit should bring value to
the City. That is why our approach is
structured to do just that.
Our independence and intimate knowl-
edge of municipal operations provides
us the opportunity to "sitep back" dur-
ing the course of the aLldit, and identify
opportunities, for manal~ement and/or
the elected officials to consider. We be-
lieve that we can make I:onstructive
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non-threatening suggestions that will
.' h~l~ the City in the future.
. . -I . - ,.~........'-- .'"
: I t; o.:r~\~and..,are
., _.~ : -:; '].. 'i~ ."
.. . ''._ "_an~~udit ~h~uld Gring
\ial~~ to t~e ~!tY ~~ing
-. ~~audited" -. .:t' ')
continuously refining our aud~ process.
This means we are always monitoring
changes in auditing and reporting, to
determine how they will impact our
clients and our audit techniques. We
regularly early implement new stan-
dards, when allowed. One of our former
staff members, David Holt, with whom
we are still closely associated, provides
training across the nation on account-
ing, reporting, and auditing in the gov-
e
em mental arena. This association as-
sures that our staff and clients are al-
ways ~ept a-breast of changes in the
industry. Rapid changes in technology
always provides us with new tools to
enhance the quality and efficiency of
our work. We have an EDP expert on
staff, to ensure that our tools are state-
of-the-art and that our computer soft-
ware is fully integrated. In fact, we be-
lieve that many of the systems, which
we have implemented and planned, en-
sure that we are a quantum leap ahead
of our competitors and will stay in that
position.
We understand the prestigious nature
of the GFOA Certificate of Achievement
for Excellence in Financial Reporting
Award. An important part of the service
we propose to perform is our review for
compliance with program criteria. We
can guarantee the Oty will receive the
award if items identified during our re-
view can be corrected.
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Fees We are (
A generally
The cost of the annual audit is slightly higher
obviously an important part of the than our I
evaluation process. However I it is competitors.
important to remember that although We believe we I
the work products the City receives are the best
should be relatively the same, the value value, but r
seldom are we
"the product should be the lowest cost.
the same but the value
may be substantially We encourage your pho:ne calls and
that philosophy is reflected in our 1
f
of the audits may be substantially billing policy. We take a vested interest .
t
different. in each of our clients and we are
-
available to help. Routine phone calls .
.
!.
Our recommendations for fine tuning and other incidental consultations
any number of aspects of the aty's through out the year arE~ absorbed in r
operations could produce benefits far our estimated fee. (
in excess of the audit fee.
.. '. .
_._ "0' '.::..:~...~. .". .
D. '~I'of.~~'~bov~. '.'~
:. : '.." .. ~:-.' : .,;.: '. .
". ;.-
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- .
.... . -'. -
. -.," . ..-
...... :.
. .." ."
. .\'..~.:~:\;~'.:
_,";~i~~~{';
- .... I,", .,..
'. '.:1f:f~:0-~~~:'~'
, .::. "'-
;'" . ~.: .,:.
.0..0;. "..
Fcc Estimate
Lenl of Staff Hours Rate Total
Principals (ownen) 30 $150
Sellllior manager 110 125
Sellllior accountant 90 90
Staff accountant 90 65
Otiller Support 10 50
TOTAL DO
Out of pocket expenses
Discount
TOTAL COMMITMENT
OPTION A
At the request ofthe Oty, we
$4,500 can prepare the lJty another
13,750 award winning (AFR. The cost
8, 100 of report preparation, of the
5,850 financial statemel1ts, notes, and
500 all required supp:ementary
32,700 schedules, including typing of
300 the camera ready copy of the
33,000 master copy of the entire CAFR
2,000 is not included within our base
$3 1 000 bid. Such costs ilre included
,
separately as Option A
Total all-inclusive not to exceed fees for the years
ended 1998, 1999 and 2000 are $31,000, $32,000
and $33,000, respectively. The above fees do not
include Option A for an additional ,500.
~
~1) f!
.:f..J. J,::
Y~.-...
City of Oak Ridge
City of Shenandoah
City of Hedwig Village
Gulf Coast Waste Disposal Authority<'
Polk Count)A'
McGrath
Waldrop
McGrath
McGrath
Ron Bourbeau
80 Beth Staten
400 Paul Lessard
275 John Thompson
*Includes preparation of GFOA CAFR
If the Gty would like for us to prepare
the CAFR, we can match any formatting
convention the City would like us to use.
We have a number of report styles to
choose from or we can customize one
especially for the City. Sample formats
are available if they are needed.
The City would have the option of
engaging our firm for the fiscal years
ending September 30,2001,2002,
and 2003. Terms for these periods
(including price acceptable to both the
City and the Firm) would be negotiated.
III
WI!rrePrl1tmtlmE
Letaiii. about our Cee:'quote:.
. ."... .' ~ :: J' .;. .' _ .... .". . "" : . .':
". -.:
.' ......... .' .. .
:. . .......... .'':.".: ..... ';".:. -. "-:;' ........ ..:..... .::. ." ..-:'...~ :.:~..~...~::...;~ ~.,:". ."~ ."';. -,
Feea for oUr 5emceS. are &asCd on our standaid hOtiily.lates;.::.Tliese:rateS;~ 1:la:Sed/on the. ievel
'~f#:~~~~'~~.';~~ft:#c~#t~~~:~:~~~i~:~~~~~~~~(~~rl~.~g.;.
the'seriice. ... _eel is'base(f' .. on the eStiDiite(Uiin~fo'be ,. ende(ho:petfOrm:~the-~ces... ,';:.~.
;~i~ij~~~i.ld:.i
'inclUde'additlonaftime. .: . Uirecfin.tIio.evelit ofl&ck:ofc:om liai1='Witrdilws.:iUid'~iimi . .'. ;-.:
j~j~~;;~..=~~jL,~
state B08td'.ofP\lblicACCOinitaDCy; we:are.iiotbowid.to~proviae.lIie..ii~tf~.~~,.~ated..;':':/ ;:: :
ani~~ .:.~~~!~~~~~~:~e'b~~:.O~ ~ot~~:' .::::..:..~~, ~:.- {:,:....~.?:'::./ :.~:.::. .~':::.::-. ,. . .. .
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APPENDIX A
SCHEDULE OF PROFESSIONAL FEES, EXPENSES
GUARANTEES, AND WARRANTIES
FOR PROFESSIONAL AUDITING SERVICES
FOR YEAR(S) ENDING SEPTEMBER 30, 1998, 1999 and 2000
PART 1 - Annual Not To Exceed Fee for the completion of the base financial audit, as outlined
and described in Section II, B, C and D.
Partners
30
Standard Quoted
Hourly Hourly
Rates Rates Total
$ 150 $ 150 :s 4.500
125 125 13 ,750
90 90 8,100
65/50 65/50 6,350
32,700
Hours
Managers
110
Supervisory staff
90
Staff
100
Subtotal Part 1
330
Out-of-Pocket expenses:
Meals and lodging
300
Transportation
Other ( specify):
Other (specify):
Other (specify): Oi scount
( 2,000)
Total for Part 1 - (annual all-inclusive Not To Exceed Fee) September 30,
September 30,
September 30,
1998 S31.000
1999 $32,000
2000 $33,000
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APPENDIX A, CONTINUED
FOR YEAR(S) ENDING SEPTEMBER 30, 1998, 1999 and 2000
PART 2 - Not to Exceed Fee for completion of any items in Section IT E that ,'lill be charged
separately.
Nature of Service to be Provided
T otaI Price
.$ No Charl}e
Total for Part 2
$
PART 3 - Optional Services. As described in the request, the City traditionally prepares and
publishes its own CAFR. However, the City does request that fee proposals be submitted for
preparation of the CAFR by the Audit Firm. If feasible, the City might elect to execute this
option.
Option A - Annual Not To Exceed Fee proposal for the preparation of the a
Camera ready master of the City's CAFR, excluding the Letter of
Transmittal Section.
$4.500
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APPENDIX A, CONTINUED
FOR YEAR(S) ENDING SEPTEMBER 30, 1998, 1999 and 2000
PART 4 - Guarantees and Warranties
GUARANTEES
The proposer certifies' it can and will provide and make available, at a minimum, all
services set forth in Section II, Nature of Services Required.
WARRANTIES
A. Proposer warrants that it is willing and able to comply with State of Texas laws
with respect to foreign (non-state of Texas) corporations.
B. Proposer warrants that it is willing and able to obtain an errors a~nd omissions
insurance policy providing a prudent amount of coverage for the willful or
negligent acts, or omissions of any officers, employees or agents therf:of.
C. Proposer warrants that it will not delegate or subcontract its responsibilities under
an agreement without the express prior written permission of the City.
D. Proposer warrants that it is willing and able to meet required datf:s and report
deadlines.
E. Proposer warrants that all information provided by it in connection with this
proposal is true and accurate.
Signature OfOffiCiaJ:-1l, a~ ! 1 ')Ju ~{;L
Name (typed): Mark W. McGrath'
Title: Owne r
Finn: White Petrov McHone
Date: 7/8/98
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REOUE'FOR CITY COUNCIL AGENDA ITE'
Agenda Date Requested:
Requested By: S. Gillett epartment: Public Works
_ Report _ Resolution XXX Ordinance
Exhibits:
Ordinance No. 98-
Engineer's Re<tommendation and Bid Tabulation
SUMMARY & RECOMMENDATION
On August 31, 1998, sealed bids were opened for the construction of the Fleet Fueling Facility. This Project,
identified in the FY 97-98 CIP Budget, is required to replace three (3) 10,000 gallon underground storage tanks at
Public Works and one (1) 10,000 gallon underground storage tank at the Police Department. The new facility will
include three (3) 10,000 gallon above ground storage tanks, a canopy and associated piping, paving and fuel
management system. The new facility will be constructed behind the existing Public Works facility, and adjacent to
the Fire training facility.
Low bid was submitted by USA Waste Industrial Services, Inc. for a base bid of $238,950.00. An alternate bid
was requested for the furnishing of concrete-encased storage tanks in place of the painted steel tanks requested in
the base bid. Low alternate bid was also submitted by USA Waste Industrial Services, Inc. in the amount of
$271,950.00. Finally, an alternate bid was also requested to provide for ground-level filling of the tanks with a spill
protection cabinet, if approved by the Fire Marshall. USA Waste Industrial Services bid an additional $1,700.00.
It is recommended that the alternate bid from USA Waste Industrial Services, Inc. in the amount of $271 ,950.00 be
accepted, and that the alternate bid in the amount of $1,700.00 be approved, pending approval by the Fire Marshall,
for a total award of$273,650.00. A total of $300,000 is budgeted in the FY 97-98 General Fund CIP Budget.
Action Required by Council: Approve Ordinance No. 98- authorizing the City manager to execute a contract with
USA Environmental for the construction of a Fleet Fueling Facility in the amount of $273,650.00.
Availability of Funds:
General Fund_ WaterlWastewater
X Capital Improvement_ General Revenue Shaaing
Other
Account Number: 015-9892-751-5]00 FundsAvailable: X YES _NO
-
Approved for City Council Ae:enda
~ ~. ~ q-tt-'lf6
Robert T. Herrera ]])ate
City Manager
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ORDZNANCE NO. 98-2283
AN ORDZHANCE APPROVZNG AND AUTHORZZZNG A CONTRACT BETWEEN THE CZTY
01' LA PORTE AND USA WASTE ZIlDUSTRZAL SERVZCES, ZNI;:., POR THE
CONSTRUCTZON 01' A PLEET PUELZNG PACZLZTY; Al~PROPRZATZNG
$273,650.00, TO PU1m SAZD CONTRACT; KAKZNG VARZOUS I~ZNDZIlGS AND
PROVZSZONS RELATZNG TO THE SUBJECT; PZIlDZNG COMPLZ~~E WZTH THE
OPEN MEETZNGS LAW; PROVZDZNG AN EI'I'ECTZVE DATE HEREOI' '.
~(Q)[PW
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY O]~ LA PORTE:
Sec'tion 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking descr ibed in the
ti tIe of this ordinance, in substantially the form as :;hown in the
document which is attached hereto and incorporated herein by this
reference. The City Manager is hereby authorized to E~xecute such
document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to at:test to all
such signatures and to affix the seal of the City t.o all such
documents.
City Council appropriates the sum not to exceed
$273,650.00 from the Capital Improvement Fund No. 015-9E:92-751-5100
to fund said contract.
Sec'tion 2. The City Council officially finds, determines,
recites, and declares that a sufficient written notice c)f the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
Ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
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ORDINANCE NO. 911- 2283
PAGE 2
section 3. This Ordinance shall be effective fr()m and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 14th day of September, 1998.
By:
CITY OF LA PORTE
I:/~~~
Mayor
ATTEST:
/!
APP,~0VED: /</
:J:ff~~
ox W. Askins,
City Attorney
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H. CARLOS SMITH
ENGINEERS AND SURVEYORS. INC.
423 N. HWY. 146 P.O. BOX 529
LA PORTE. TEXAS 77572-0529
September 8, 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
Job No. 3162-98
CLP 97-2201
Dear Mr. Gillett:
Forwarded herewith are 3 copies of the bid tabulation of
the above referenced project,
The low bidder is USA Environmental Services, a division
of USA Waste Services Company. USA Waste Services
Company is one of the largest,if not the largest waste
services company in the United States.
We talked with a Mr. Carl Tragesser, with USA
Environmental Services and he assured us that they ''lere
satisfied with their bid. Mr. Tragesser also gave us a
list of 3 references, but due to the long weekend, 'ole
have been unable to contact any of these firms.
We would recommend that the low bid of USA Environmt~ntal
Services of $ 271,950.00, for the alternate bid on t.he
concrete encased
Convault tanks be accepted with the alternate bid Nc). 2
in the amount of $1,700.00, for the remote fill
connection also be accepted fpr a.total bid of
$ 273,650,00 . .
Very truly yours,
H71J:1:t::::f&
H. Carlos Smith, P.E. " R.P.L.S.
President
Surveyors, Inc.
(281) 471-4228
FAX (281) 471"-4228
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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) 471-4226
FAX (281) 471-4228
CITY OF LA PORTE
PUBLIC WORKS DEPARTMENT
FLEET FUELING FACILITIES
BID DATE: August 31, 1998--BID TIME: 2:00 P.M.
TABULATION OF BIDS
BID ADDEN CALEN ITEM 1 ITEM 2 ITEM 3 TOTAL
BIDDING COMPANY BOND 1 DAYS BASE BID ALT. BID ALT. BID BASE BID
A. N. RUSCHE NO BID
DNB ENTERPRISES
5% Recv 75 $328,500 $368,500 $4,032
LAUGHLIN
ENVIRONMENTAL 5% Recv. 75 $293,843 NO BID $6,809
M.E.B. ENGINEER
5% Recv. 120 $390,000 $395,000 $30,000
U.S.A. WASTE
INDUSTRIAL SERVo 5% Recv_ 75 $238,950 $271,950 $ 1,700
CI7Y or LA POR"'.
PUBLIC WORKS DEPARTMliNT
CONTRACT
AND
SPECIFICATIONS
FOR
FLEET FUELING FACIL11:T
I.J. KIBODEAUX PUBLIC WORKS CEN':fER
2963 N. 23rd STREET
LA PORTE, TEXAS
Project No. 97-2201
Engineers Job No. 3161-98
PREPARED BY:
6)He CARLOS SMITH
f ENGINEERS AND SURVEYORS. INC.
P.O. BOX 529 423 N. HWY. 146
LA PORTE, TEXAS 77571
PH. (713) 471-4226FAX (713) 471-4228
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CONTENTS
DESCRIPTION
PAGES
Invitation to Bidders
IB-l to IB-2
Proposal
P-l to P-6
General Conditions
1 to 33
Supplemental Conditions
SC-l to SC-IO
Agreement
1 to 5
Performance Bond
1 to 2
Payment Bond
1 to 2
Technical Specifications Section
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CC~@[PW
ORDXNANCE NO. 98-2271
AK ORDXNAKCE APPOXH'.l'XNG MEHBERS TO VARXOUS BOARDS, COKK:[SSXONS, ARD
COKKXTTEES, OF THE CXTY OF LA PORTE; PROVXDXNG A IJEVERABXLXTY
CLAUSB: COH'.l'AINING A RBPEALING CLAUSE: FINDING COMPLIANCB WITH THB
OPD MBETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY Ol~ LA PORTE:
section 1. The City Council of the City of La Porte hereby
makes the following appointments to the Board of Adjustment, for
terms expiring on May 30th of the year indicated, or until their
successors shall have been duly appointed and qualifiE!d:
Alternate 2
George w. Maltsberger
SectioD 2. If any section, sentence, phrase, clause or any
part of any section, sentence, phrase, or clause, of this ordinance
shall, for any reasons, be held invalid, such invalidi1:y shall not
affect the remaining portions of this ordinance, and i.t is hereby
declared to be the intention of this City Council to have passed
each section, sentence, phrase or clause, or part thereof,
irrespective of the fact that any other section, sentE!nCe, phrase
or clause, or part thereof, may be declared invalid.
SectioD 3. All ordinances or parts of ordinances in conflict
herewith are repealed to the extent of such conflict conly.
SectioD 4. The City Council officially finds, determines,
recites, and declares that a sufficient written notice c)f 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
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matter thereof has been discussed, considered and fOl~ally acted
upon. The City Council further ratifies, approves sInd confirms
such written notice and the contents and posting therE~of.
Sec'tioD s. This Ordinance shall be effective frc)m and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 14th day of Septeember, 1998.
By:
ATTEST:
~fJ.l'.~
tha A. Gillett
City Secretary
AP~(;()~~
Knox W. Askins
City Attorney
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R~~TroRCITYCO~C~AGEIAImM
Agenda Date Requested: September 14. 1998
Requested By:
Louis Rigby
Department:
Administrative Services
Report
Resolution
Ordinance
Exhibits: Ballot
SUMMARY & RECOMMEND A nON
The Texas Municipal League-Intergovernmental Risk Pool is asking that the City of La Porte
participate in the election of its Board of Trustees for Places 6 through 9. The City may vote for
one nominee in each place.
Action Required by Council:
Vote for one TML-IRP Board of Trustees nominee, in each place
A vailability of Funds:
General Fund
_ Capital Improvement
Other
WaterlWastewater
_ General Revenue Sharirlg
Account Number:
n/a
Funds Available:
Yes
No
Approved for City Council Aa:enda
~T~
Robert T. Herrera
City Manager
9.-[o-1~
Date
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OFFICIAL BALLOT
Texas Municipal League Intergovernmental Risk Pool
Board of Trustees Election
Ballots must reach the office of Tony Korioth, Secretary of the Board of the Intergovernmental
Risk Pool no later than September 30, 1998. Ballots received after this date carmot be counted.
All ballots should be mailed to: Trustee Election, Tony Korioth, Secretary of the Board, P.O.
Box 26780, Austin, Texas 78755.
The names of the officials listed on this ballot have been nominated to serve a six-year term on
the TML Interg9vernmental Risk Pool (Workers' Compensation, Property and Liability) Board
of Trustees.
Each member of the Pool is entitled to vote for Board of Trustee members. Ple:ase record your
choices by placing an "X" in the square beside the candidate's name. You should vote for one
candidate for each place.
:eLACE 6
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MARY GAUER (Region 9), incumbent, was appointed to the Texas
Municipal League Intergovernmental Risk Pool Board of Trustees in
January 1998. Ms. Gauer, Mayor of Harker Heights, h.as served 6 Ih
years as a Council member, including two years as Mayor ProTem. Ms.
Gauer, a member of the Governor's State Community Development Review
Committee, and the Attorney General's Municipal Advisory Committee,
has been recognized by TML's Leadership Institute for six years.
SHARON BARNES (Region 14), was elected to the Lake Jackson City
Council in 1996 and is now serving her second term. Ms. Barnes is
Human Resource Manager for Dow Chemical Texas Operations. A
graduate of Baylor University, she is an active civic voluIllteer, serving as
Board Member for the Memorial Child Care Center, American Heart
Association, and the Brazosport Community Food Pantry and is the
recipient of the "Outstanding Scouter Award". She served as Chairman of
the Lake Jackson Beautification Commission from 1988-1994.
LANDA KEEN (Region 10), Mayor Pro Tem for the City of Jonestown.
Ms. Keen served on the Jonestown Water Supply Corporation Board of
Directors and is serving her second term on the City Council. She has a
1
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D
PLACE 7
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D
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BA degree in Liberal Arts and was a social worker before she became a
teacher. Ms. Keen taught at the Lago Vista ISD and :is now a special
education teacher at Leander Middle School.
WALLACE BIRKES (Region 2) is a long t~e resident (If Pampa. He is
an area farmer and civic leader. He is a former memb~r of the Pampa
Independent School District Board of Trustees. He has served on the Gray
County Appraisal District Board of Directors for 8 years.
TONY WILUAMS (Region 15), incumbent, has servl::d on the TML
Intergovernmental Risk Pool Board of Trustees since 1992. Mr. Williams
has served as Marshall's City Manager since 1983. He received a B.A.
in Government from Texas Christian University. He is active in many
civic organizations such as the Marshall Civic Center Advisory Board and
Harrison County United Way and has received the Outstanding Citizen
A ward, Texas Department of Transportation Road Hand A ward and TML
Directors Association Administrator of the Year.
DR. WILLIAM GREEN (Region 14) has a Ph.D. in Economics and
Statistics from Louisiana State University and is currently Chairman of the
Department of Economics and International Business at Sam Houst~n State
University. He began his service to the City of Huntsville in 1978 as an
appointed member of the Planning Commission. In 1984 he was elected
to City Council, serving as Mayor Pro Tem in 1993-1994. Dr. Green was
elected Mayor in 1995 and is currently serving in that position.
LARRY D. GILLEY (Region 7), San Marcos City Mana.ger since 1988,
has been a leader in Texas city management for 22 years. He serves on
several professional boards, including the Texas City Management
Association and the Texas Public Power Association. The City of San
Marcos, with 451 employees, has won numerous safety awards for
outstanding training and excellent safety record under Mr. Gilley's
leadership.
LUCILLE M. WOHLFARTH (Region 7) has served as Mayor of
Balcones Heights for six years. She was elected to her fourth term as
Mayor in May 1998. Mayor Wahlforth serves on numerous boards for the
City of San Antonio, VIA Metropolitan Transit, Alamo Area Council of
Governments, Bexar County, and Texas Municipal League. She also
serves on various area hospital and church boards.
2
PLACE 8
~
rLACE 9
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STEPHONE TAYLOR (Region 13), City Administrator of West
Tawakoni for 10 months. Mr. Taylor is a retired United States Marine.
While serving his country, he achieved a master's degree in Public
Administration and chose to pursue a career in city government. Mr.
Taylor's leadership, dedication, and good work ethic have given the City
the vision and confidence for progress.
LEO MONTALVO (Region 12), incumbent, has served on the TML
Intergovernmental Risk Pool Board of Trustees since January 1998. Mr.
Montalvo is a partner with the law fIrm of Montalvo & Ramirez. He has
served as a Council member since 1983 and was elected M,ayor of McAllen
in 1997. Mr. Montalvo is a former educator and assistant school
superintendent. He graduated from Texas A&M Univel....sity and holds a
M. Ed degree from the University of Texas-Pan American. He is a board
member of the Hidalgo County Metropolitan Planning Organization and a
past TML Director.
ANDRES GARZA, JR. (Region 14), incumbent, has served on the TML
Intergovernmental Risk Pool Board of Trustees since 1984. He served as
Chairman of the Board from 1994 to 1996. Mr. Garza is the current City
Manager Wharton. He has been in public service for over 21 years of
which 18 have been as a City Manager. He serves on the TML Small
Cities Advisory Council and the TML Legislative Policy Committee on
Personnel. He has a BBA Degree from Southwest Texas State University
and is a member of TCMA and ICMA.
JAMES W. QUIN (Region 8) received a B.S. in Edu.cation in 1984,
graduating Magna Cum Laude, and a Master of Public Administration in
1987, from Southwest Missouri State University. Mr. Quin was hired as
Assistant to the City Manager of Richland Hills in February 1992, and was
appointed City Manager on October I, 1995. Mr. Quin is a member of
the International City/County Management Association, Texas City
Management Association, American Water Works Association, and the
Texas Industrial Development Council.
3
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BALLOT MUST BE SIGNED TO BE COUNTED
CERTIFICATE
I certify that the vote cast above has been cast in accordance with the will of the majority
of the governing body of the public entity named below.
Witness by hand, this L day Of~, 1998.
~;t' ht~
Signature of Authorized Official
~
La. Pro f IlL 'f-ffi
Name of Political Entity
.
.
4
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CITY OF LA PORTE e
ii:ili::i:i!::!::!::!!iii!i!III:I/1111:::I::::il":!.~:!i.!:!iillii:!:I:i!ili~i\~~I:I:llililillii~i::i:I~I:li11:1:li~lil:!i::i!:::i:!:!::
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August 24, 1998
TO:
Mayor and City Council
FROM:
Robert T. Herrera, City Manager
~
TML-IRP Board of Trustees Election
SUBJECT:
The City of La Porte is a member of the Texas Municipal League Intergovernmental Risk Pool
(TML-IRP) which is a self insurance pool created by its members to provide workers'
compensation, liability, and property coverage to participating members. The pool is governed
by a fifteen member Board of Trustees comprised of representatives from political subdivisions
participating in the self insurance programs and citizen members who are re,cognized in their
field and who possess particular expertise to complement the Board. I was re-elected last year
to this Board by our peers, who are members of the Texas Municipal League. The Board
works on behalf of all members, overseeing a commitment to quality service and financial
stability .
I have attached a copy of an official ballot for the Board of Trustees election for Places 6
through 9. The City of La Porte may vote for one nominee in each place. This item will be~
placed on the Council agenda for September 14th.
I have enjoyed working with the incumbents and would recommend their reappointment:
Place 6
Place 7
Place 8
Place 9
Mary Gauer
Tony Williams
Leo Montalvo
Andres Garza, Jr.
RTH:cjb
c Louis Rigby
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 1998..LA ~
Requested By: Ste hen L. Barr . ~ Department: Parks & Recreation
XX Report Resolution Ordinance
Exhibits: 1. Sealed Bid #0745 Installation of Gymnasium Floor
2. Bid Tabulations & Bidder's List
3. Bid Withdrawal Letter, FlightDeck Athletic Surfacing
SUMMARY & RECOMMENDATION
The City of La Porte requested formal bids for installation of a gymnasium floor at the
Recreation & Fitness Center as approved in the FY1997-98 budget. Bid requests were
delivered to two vendors. Two (2) vendors returned bids for the projElct; the bids were
opened on July 27, 1998. On August 7, 1998, FlightDeck Athletic Surfacing withdrew
their bid by letter, leaving Miller Sports Floors as the sole bidder. We contacted FlightDeck
to see why they had withdrew their bid and found that FlightDeck had been bought by
another company who was not willing to honor their bid because they could not meet our
specifications for a ten year warranty due to the company sale. Because they withdrew
their bid from consideration, FlightDeck forfeits their bid check in lieu of bond, of
$1,380.41 (5% of their bid amount). After review, it was determined that the sole bidder
meeting specifications, including warranty, for the project was Miller Sp10rts Floors with a
bid of Forty Thousand, Four Hundred Dollars ($40,400.00). Budgeted funds available for
this project are $37,500. There are sufficient funds in the Capital Improvement
Contingency account to cover the budgeting shortfall of $1,519.59 ($40,400 bid less
$37,500 budget less $1,380.41 in retained bid check).
Staff Recommendation:
Staff recommends that the bid submitted by Miller Sports Floors be ac:cepted as bidder
meeting specifications for this project.
Action Required by Council:
Consider award of contract to Miller Sports Floors to provide a gymnasium floor for
the Recreation & Fitness Center.
Availability of Funds:
General Fund WaterlWastewater
XX Capital Improvement _ General Revenue Sharing
N/A
Account Number: 015-9892-756-1100 Funds Available: XX YES NO
Approved for City Council Aaenda
Q~~~
Robert T. Herrera
City Manager
9. - ltl- t;B
Date
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CITY OF LA PORTE
INTEROFFICE MEMORANDUM
JULY 27,1998
TO:
FROM:
STEPHEN BARR, PARKS & RECREATION DIRECTOR
SUSAN KELLEY, PURCHASING AGENT ..A~
SUBJECT: SEALED BID #0745 - INSTALLATION OF SUSPENDED GYMNASIUM
FLOOR
Advertised, sealed bids #0745 - Installation of Suspended Gymnasium Floor were
opened and read on July 27. 1998. Bid requests were mailed to two (2) vE!ndors with two
(2) returning bids.
Copies of the bids are attached for your review.
Please submit your recommendation with an agenda request form by the prescribed time
before the next regular council meeting. If there is a need to delay bringing this bid before
council, please notify me.
Attachment: Bid Tabulation
Bidder's List
Bid Copies
.-.
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JUL 2. B \
:.:-: ?~~."~::: :-
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BID TABULATION -INSTALLATION OF SUSPENDED GYMNASIUM FLOOR
DESCRIPTION
ATHLETIC
QTY SURFACING
11 $27,608.071
SUSPENDED GYM FLOOR, per specifications
SPORTS
FLOORS
$40,400.00
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BIDDER'S LIST
SEALED BID #0745 -INSTALLATION OF SUSPENDED GYMNASIUM FLOOR
FLIGHT DECK ATHLETIC SURFACING
3325 CELARFIELD DRIVE
RALEIGH, NC 27616
MILLER SPORT FL.OORS
7919 FAIRDALE
HOUSTON, TX 77063
CHAMBER OF COMMERCE
P.O. BOX 996
LA PORTE, TX 77572-0996
BAYSHORE SUN PUBLISH DATES:
JULY 12, 1998
JULY 19, 1998
Aug-14-9B 09:3BA F'4Irt Deck~ Inc.
919-J377-099f~
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P.O. Box 1115
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REQ.ST FOR CITY COUNCIL AG~A ITEM
Requested By:
September 14, 1998
Steve Gillett ~
.vr'V
Department:
Public Works
Agenda Date Requested:
xxx
Report
Resolution
Ordinance
Exhibits: Sealed Bids #0749 - Tires
SUMMARY & RECOMMENDATION
Advertised, sealed bids #0749 for the annual supply of tires were opened
and read on August 24, 1998. Bid requests were mailed to fourteen (14)
area suppliers with two (2) returning bids.
Low bid meeting specifications on Section I - Small Tires a.nd Section II -
Heavy Truck, Tractor and Special Applications were submitte.d by Carr's City
Tire Service. Using estimated yearly quantities, the total cost for this
contract would be $35,568.70.
Low bid meeting specifications on Section III - Recap Only was submitted by
A to Z Tire & Battery. Using estimated yearly quantities, the total cost
for this contract would be $7,238.00.
The Total Cost of both contracts would be $42,806.70. This represents a
two percent (2%) decrease over last year's bid prices.
Staff recommends award of the bid for the supply of Tires for Sections I &
II to Carr's City Tire Service, low bidder meeting specifications and for
Section III to A to Z Tire & Battery, low bidder meeting specifications.
Funds for this purchase are budgeted in the annual Operating Budget of
Equipment Services.
Action Required by Council: Award bid for Sections I & II to Carr's City
Tire Service and for Section III to A to Z Tire & Battery as recommended by
Staff.
Availability of Funds: N/A
Water/Wastewater
General Revenue Sharing
General Fund
Capital Improvement
XXX Other Vehicle Maintenance
024-7074-534-9095
Account Number: 024-7074-534-2040
Fund
Funds Available:
XX YES
NO
Approved for City Council Agenda
~~T.~
Robert T. Herrera
City Manager
q...l.l-q~
DATE
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CITY OF LA PORTE
INTEROFFICE MEMORANDUM
SEPTEMBER 4, 1998
FROM:
STEVE GILLETT, PUBLIC WORKS DIRECTOR
SUSAN KELLEY, PURCHASING AGENT~~
TO:
SUBJECT: SEALED BID #0749 - TIRES
Advertised, sealed bids for tires were opened and read on August 24, 1998. Bid requests were
mailed to fourteen (14) area suppliers with two (2) returning bids.
Low bid meeting specifications, by section, are as follows:
CARR'S CITY TIRE SERVICE
Section I - Small Tires
Section 11- Heavy Truck, Tractor
and Special Application
Total
$10,265.96
$25.302.74
$35,568.70
$ 7,238.00
A to Z TIRE & BATTERY:
Section III - Recap Only
Using estimated yearly quantities, the total cost for this contract would be $42,806.70.
This is a two percent (2%) decrease from last year's price.
Please submit your recommendation with an agenda request form by the prescribed time before
the next regular council meeting. If there is a need to delay bringing this bid before council,
please notify me.
Attachment: Bid Tabulation
Bid List
Bid Copies
BID TABULATION TIRES
gWM%jmM..~w,:~",,':~~,L.:..;.;)!Mlmml!gNMM,:::::.:~!::...J L.v,;...:..:..~L)~.,:.. idm;@rJ.tn_~
SECTION #1 - SMALL TIRES
ITEM #1. - POLICE SPECIAL RADIAL
A. P225170 HR 15 Black 126 $42.00 $.1:.8.94
SUB-TOTAL $5,292.00 $6,1Ei6.44
ITEM #2 . CAR TIRES
A. P205165R 15 Black 4 $29.12 $~:4.60
B. P205170R 15 Black 8 $27.00 $~,4.96
C. 195-75 R/14 6 $26.12 $~.5.16
D. 205-75 15 Black 8 $27.97 $~.7.57
SUB TOTAL $712.96 $7e.9.60
45 $31.00 $2.1.60
20 $52.00 $E9.56
10 $58.00 $70.83
6 $58.00 $78.42
2 $41.00 $44.31
16 ~1.00 VQ~
SUB TOTAL $4,261.00 $5,206.88
wmflm~m::n:ww:wtgw:~:!;gm!;qN!i!1HllQI!g1lm:@n :!tMn!Mli!l\1.:Q~~~:'i~~f fmMJ.1.l~}1~~i.~~m
SECTION #2. HEAVY TRUCK, TRACTOR
AND SPECIAL APPLICATION TIRES
ITEM #1 - GRADER TIRES - TUBE
A. 14.00 x 24 -10 Ply
B. 17.50 x 25 -12 Ply
ITEM #3 - PICKUP TIRES
A. P235175R 15
B. LT215/85R 16*
C. 235/85R 16*
D. 245175R 16
E. 700 x 15
F. LT225175R 16
2
2
SUB TOTAL
ITEM #2 - FARM TRACTOR TIRES-TUBE
A.11Lx15
B. 11L x 16 F3
C.13.6 x 16.1
D.16.9 x 24 Tubeless -10 Ply
E.13.6 x 16.1 Tubes
F. 16.9 x 24 Tubeless R4
6
6
2
2
2
2
SUB TOTAL
ITEM #3 - TRUCK - STREET TUBELESS
A. 385 - 65R x 22.5 15
SUB TOTAL
ITEM #4 . SMALL TRACTOR TIRES
A. 25 - 8.5 x 14 NHS Turf 4
B. 23 - 8.5 x 12 HHS Turf 4
SUB TOTAL
ITEM #5 - TRUCK TIRES - LUGGER
A. 10.00 x 20 (14 Ply) 40
B. 11.00 x 20 (14 Ply) 4
C. 11R x 22.5 (14 Ply) Tubeless 40
D. 10.00 x 20 Tubes 25
E. 11.00 x 20 Tubes 4
SUB TOTAL
ITEM #6 - TRUCK TIRES - HIGHWAY
A. 10.00 x 20 (14 Ply)
B.11R x 22.5 (14 Ply)
C.11.00 x 20 (14 Ply)
D. 10R x 22.5 (14 Ply)
$245.00
$322.00
$1,134.00
$266.24
$342.14
$1,216.76
$34.00 $67.38
$69.00 $72.64
$116.00 NO BID
$184.00 $328.04
$17.88 NO BID
$248.00 $27.2. 13
$1,749.76 $2,040.46
$252.00 $35'7.94
$3,780.00 $5,36!3.10
$54.00 NOBID
$40.00 NOBID
$376.00 NO BID
$195.00 $22(5.33
$230.00 NO BID
$165.00 $22'1.38
$9.10 $10.66
$14.12 $1!5.82
$15,603.98 $18,2313.18
4 $164.00 $21:~.94
6 $154.50 $17!~.50
4 $195.00 $230.24
2 $148.00 $184.74
SUB TOTAL $2,659.00 $3,22:~.20
mmrmmnmmw @Wltll:$.!;qffi.I9.N~#~:mo.rA~! lMHW tt*NlW$~~i~:q.art4t @Wf.~QiP:~lmr:
SECTION #3 . RECAP ONLY
ITEM #1 - TRUCK TIRES - RADIAL TUBE
A. 10.00 x 20 (14 Ply) 40 $99.50 $9!i.00
B. 11.00 x 20 (14 Ply) 6 $103.50 $98.00
C.11.R x 22.5 (14 Ply) 30 $99.50 $9~j.00
tWMmng:Mnr::mmtmt~gQm!gN~"~JrQmAY! tMfgH @~m!!Hl+m~ll~D;~;Q,Q.r !Hmtf!l~lg~!~;QP.J
nWfHMmiWWi:gt:ltmmm:n~B.5.NQ:m9.fAg: :l:Mr:W MMtmM$.'~i:1~P;Qt tMmi!$.4~i:M~m~:?ili
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BIDDER'S LIST
SEALED BID #0749 - TIRES
A TO Z TIRE
382 W. MAIN
LEAGUE CITY, TX 77573
BEASLEY TIRE SERVICE
P. 0 BOX 11556
HOUSTON, TX 77293-15Ei6
DISCOUNT TIRE
7304 SPENCER HWY
PASADENA, TX 77505
DORSETT'S TIRE CENTER
6630 SPENCER HWY.
PASADENA, TX 77505
GCRHOUSTONTRUCKTIRE
5801 ARMOUR DR.
HOUSTON, TX 77020
GOODYEAR AUTO SERVICE
4840 CENTER
DEERPARK, TX 77536
GOODYEAR COMMERCIAL TIRE CENTER
4411 HOMESTEAD RD.
HOUSTON, TX 77029
HTC TI RES & AUTOMOTIVE
12999A MURPHY RD.
STAFFORD, TX 77477
LAPORTE TIRE CENTER
621 W. MAIN
LA PORTE, TX 77571
TIRE CENTER
5901 GRIGGS RD.
HOUSTON, TX 77023
SNIDER TIRE
4545 MOSSFORD DR.
HOUSTON, TX 77087
STROUHAL'S TIRE & RECAPPING
P. O. BOX 450619
HOUSTON, TX 77245-0619
GRAYS WHOLESALE TIRE
1102 SAMPSON ST.
HOUSTON, TX 77003
CARR'S CITY TIRE
1316 N. MAIN
BAYTOWN, TX 77521
TIRE CENTERS, INC.
5901 GRIGGS RD.
HOUSTON, TX 77023
CHAMBER OF COMMERCE
P.O. BOX 996
LA PORTE, TEXAS 77572,.0996
CHAMBER OF COMMERCE
P.O. BOX 996
LA PORTE, TX 77522-0996
PUBLISH DATES:
AUGUST 9, 1998
AUGUST 16, 1998
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REcaST FOR CITY COUNCIL A.DA ITEM
Agenda Date Requested:
September 14, 1998
Requested By: steve Gillett ~
Department: Public Works
xxx
Report
Resolution
Ordinance
Exhibits: Sealed Bid #0750 - Maintenance of Traffic Signal Equipment
SUMMARY & RECOMMENDATION
Advertised, sealed bids #0750 for the annual maintenance of traffic signal
equipment were opened and read on August 24, 1998. Bid requests were
mailed to four (4) vendors with one (1) returning a bid. Nonresponsive
bidders reported that an increase in new signal installations prevented
them from taking on new maintenance business.
Southwest Signal Supply, Inc., our current vendor, submitted the only bid.
The prices remained the same as two years ago with the exception of Shop
Labor costs which rose by $5.00 per hour.
Staff recommends award of bid to Southwest Signal Supply, Inc., low bidder
meeting specifications. It is further recommended two (2) one year options
be included in the award. Funds for this contract are budg,eted in the
annual Street Maintenance Division Operating Budget.
Action Required by Council: Award bid for Annual Traffic Signal
Maintenance to Southwest Signal Supply, Inc. with two 1 year options as
recommended by Staff.
Availability of Funds:
XXX General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number: 001-7071-531-4002
Funds Available:
XX YES
NO
Approved for City Council Agenda
Q~T.~
Robert T. Herrera
City Manager
6t- (0 -q~
DATE
e
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CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
SEPTEMBER 4, 1998
TO: STEVE GILLETT, DIRECTOR OF PUBLIC WORKS
FROM: SUSAN KELLEY, PURCHASING AGENT.,J~
SUBJECT: SEALED BID #0750 - MAINTENANCE OF TRAFFIC SIGNAL EQUIPMENT
Advertised, sealed bids for maintenance of traffic signal equipment were opened and read
on August 24, 1998. Bid requests were mailed to four (4) vendors with one (1) returning a
bid.
A copy of the bid is attached for your review. The prices remained the same as two years
ago, except for shop labor that increased $5.00 per hour.
Please submit your recommendation with an agenda request form by the! prescribed time
before the next regular council meeting. If there is a need to delay bringing this bid before
council, please notify me.
Attachment: Bid Copy
Bidder's List
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BIDDER'S LIST
SEALED BID 0750
MAINTENANCE OF TRAFFIC CONTROL EQUIPMENT
TRAFFIC MAINTENANCE & CONST.
P.O. BOX 41
1315 GEROGIA
SOUTH HOUSTON, TX 77587
VADCO ELECTRIC, INC.
P.O. BOX 34820
9000 TALLYHO
HOUSTON, TX 77234
SOUTHWEST SIGNAL SUPPLY
P.O. BOX 125
1107 JACKSON STREET
SOUTH HOUSTON, TX 77587
PFEIFFER & SONS, I!\IC.
P.O. BOX 1116
LA PORTE, TX 77572..1116
BAYSHORE SUN PUBLISH DATES:
AUGUST 9, 1998
AUGUST 16, 1998
CHAMBER OF COMMERCE
P.O. BOX 996
LA PORTE, TX 77572..0996
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MEETING HANDOUTS
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FROM THE DESK OF MARTHA GlUE7T
CITY SECRETARY
CITY OF LA PORTiE, TEXAS
September 9, 1998
TO: Mayor and Council
FROM: Martha A. GlUen
Attached please find a copy of the applicaJion for the Allemate 2 position, which was tabled on August
10, 1998. The Orrlinllnce will be on the agenda for the September 14, 1998 Council m'eeting. The
name will be left blllnk in the Ordinllnce in case there are any changes. qyou have al'lY questions,
please give me a ctJU.
Thanks,
Martha
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CITY OF LA PORTE
APPLICATION FOR CITY BOARDS I COMMISSIONS
NOTE:
As an applicant for a City Board or Commission, your name, address and phone
number will be available to the press and the public. All other infonnation will remain
confidential. You will be contacted before any action is taken on your appointment.
Incumbents whose terms expire are automatically considered for reappointment unless
they indicate non-interest. A member who is absent for more than 25 % of called
meetings, for other than medical reasons, will automatically be remo'ved from service.
APPUCANT MUSf BE A CITIZEN OF THE UNITED SfATES AND A
RESIDENT OF LA PORTE.
Please tvne or orint clearly
DATE:
;>5h.~/5'f
Name: /YJA L,5B5::.Il.~ U. ~ed'j(l W"
Last Fint MI
Address: / O~~...3 .sff~'-l- taCk
City: IA- /JfY'e State/Zip Code: "77S '7 )
Phone (H) ;;J-i'/- Y7J-~?'.//
(W)_7J3 -;)....Yy-69/u
Are you a registered voter in the La Porte City limits?: @ or N
Did you vote in the last election?: (!? or N
Please indicate your preference by Dumber. 1-2-3. etc.
ADVISORY BOARDS AND COMMISSIONS
Airport Advisory Board
Fire Code Review Committee
Planning and Zoning Commission
DECISION MAKING BOARDS AND COMMISSIONS
V Zoning Board of Adjustment
Civil Service Commission
SEPARATE LEGAL ENTITIES
La Porte Area Water Authority
I the undersigned am interested in serving on one of the above Boards /' Commissions
as indicated.
/~ft.~
r/2Z/fP
Dale
#II
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, J
BACKGROUND
INSTITUTION
EDUCATION
CITY AND STATE DATE LAST A'ITENDED
MAJOR
/f,G' oS
T..R)CA-~ A.J..X blIII' ,)
~XAS A"'1'f Q4'I~~
viM ~/"" 0 I=-
'i^ 7DN
:S:t,,) t11/W14 1X
U'j,vi S v / iLe.
r:;<
J../pu s:TD~ ~
M .s. ~/G4-l
!/.
Professional Background: 30-1-
c:J
l;4A4 fl~~
~' I'
. ,.. -C) W"v77 A/ J
~ ~AA/A-~
v
(" ~ ~ ~ G 'II <" >>.Ib ,.,..
.,
;~ r ./7l~..d/sr
~ ..("'~~ 4:/L
A 13-'~/ ...-;).$ .r:;(',./ 2~
,
References: (include address and phone number)
1. OAr,~ /I"r/.Wr- ...... 10 '1/i S:-A.L../L Ilo~ 2..f/_ .'/7/- ?F'/?
2. CI,A/k.s: G.P~~/II -2'2-8'" .Je#r.~fl-SON 2P/- (/7/- 0.606
, .
3. 6bV~ G/JA/'hJA~IJS _1t?.&CJ? ~"/L, "1Yt.A-/L 2.tf/-y?/_..3~ oJ
Additional Pertinent Information:
Goals / Objectives: /)1'1 W/~ AA/~ z:;. ~...'l7J #Uwr-o r-en/l€.. 1-//11,/"." :Ik-
111~ T S:Vt:A,s. ~J ,.4."7JOlf'.- ~ b.pC,d:.....o /YIH/t..r ..w.~t!ltJ~ ,.N
..../ ./ ./ ...., J-
/'A7../t/h elL/d U/'I!}h7VA//l')' s.e.r"'It!:D J JA/~ JU n4V~~[---1r-'Ad_ ro
t.f' /Vr/
Attachments: YES V NO
You are welcome to attach additional information, such as, resumes, letters, certifications,etc. that further
describe your professional and personal background.
Please return this form and any attachments to:
City of La Porte
City Secretary's Office
PO Box 1115
La Porte, Texas 77572-1115
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CITY OF LA PORTE
APPlLICA TION FOR CITY BOARDS I COMMISSIONS
NOTE:
As an applicant for a City Board or Commission, your name, address and phone
number will be available to the press and the public. All other information will remain
confidential. You will be contacted before any action is taken on your appointment.
Incumbents whose terms expire are automatically considered for reappointment unless
they indicate non-interest. A member who is absent for more than 2~) % of called
meetings, for other than medical reasons, will automatically be remo'ved from service.
APPUCANT MUSl BE A CITIZEN OF THE UNITED SlATES AND A
RESIDENT OF LA PORTE.
Please tvDe or Print clearlv
DA TE:-A.J.,HJll!,: r ? 4, 1 q q 8 .
Name: Mal tsberger, George W. "Bill"
Lut F'1IIIl MI
Address: 10403 Shell Rock
Phone (H) ( 281) 471 - 4 91 7
(W)! 713) 246-6910
City: La Porte State/Zip Code: Texas 77571
Are you a registered voter in the La Porte City limits?: (X)
Did you vote in the last election?: (i) or N
or
N
Please indicate your \)Il'eference by number. 1-2-3. etc.
ADVISORY BOARDS AND COMMISSIONS
Airport Advisory Board
Fire Code Review Committee
Planning and Zoning Commis$ion
DECISION MAKING BOARDS AND COMMISSIONS
V'
Zoning Board of Adjustment
Civil Service Commission
SEPARATE LEGAL ENnn.l:!S
La Porte Area Water Authority
I the undersigned am interested in serving on one of the above Boards I Commissions
as indicated.
SiJIIIIlllnl of Applicanl
August 24, 1998
Date
"..
.
e
BACKGROUND
INSTITUTION CITY AND STATE DATE LAST A'ITENDBD MAJOR
Hiqhlands H.S. San Antonio.TexaE May , 1964 H.S. Diploma
Texas A & I Univ. Kingsville, Texaf Chemical
(Texas A&M @ Kingf ville) May , 1968 B,S'EngineeriI19
University of M~S. Chemical
1.._.._....__ Houston, Texas May , 1975 Engineerino
EDUCATION
Professional Background: 30 plus years with Shell Oil Company with
various operations, engineering design, accounting and manage~_
ment ass1gnments. current~y manager - systems veve~opment at veer
Park Refinery responsible for $ 3 1/2 million Information Tech-
noloqy Proiect.
Community Activities I Hobbies: I have been involved with First Methodist
Church since 1973, very active in local Boy Scouts and Girl Scodt~
programs. Served as President of L.P. Band Booster Club for 2 ye~<s
References: (include address and phone number)
1. Gary Arrant - 10419 Shell Rock - (281) 471-6818
2. Charles Gipson - 228 Jefferson - (281) 471-0306
3. Gene Edmonds - 10307 Windinq Trail - (281) 471-3208
Additional Pertinent Information: My wife and I plan to retire wi thin the
next 5 vears and hooe to become more in~oived in Church and
communitv service. while havinq time to travel.
Goals I Objectives:
Attachments: YES V mQ)
You are welcome to attach additional informa~, resumes, letters, certificatioDS,etc. that further
describe your professional and personal background.
Please return this form 8ll1d any attachments to:
City of La Porte
City Secretary's Omce
PO Box 1115
La Porte, Texas 77572-1115
. .
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8/30/98 Page 1 of 2
Fellow La Porte Citizens and Taxpayers;
On Sept. 14, 1998 at 6:00 PM at the La Porte City Hall; our City Council will vote on
a budget that approves funds to start the first phase of a Planned Highway through our
our neighborhoods.
. The new City Planning Director, Doug Kneupper, has clearly stated that: the City
plans to turn Farrington Blvd. and Lomax School Road into a Four Laine Highway
that will run through the Fairmont Park, Glen Meadows, and Lomax
neighborhoods to Highway 225 as part of a "Comprehensive Plan" put together by
City bureaucrats. This Highway through our Residential Zoned neighborhoods is
intended to be like Underwood Road except that it will have a raised me:dian in the
center instead of a left turn lane.
. The City will spend app. $321,000 +? Land $$ of our tax money to connect
Farrington Blvd. to Lomax School Road as the first phase of putting this Highway.
through our neighborhoods.
. This proposed Highway will run through 2 school zones and 3 city park areas.
. We believe this Highway through our neighborhoods will:
1. Endanger us and our children as we travel to and from schools, parks, and
other places in our neighborhoods.
2. Endanger us as we enter and leave our driveways, park trailers, or travel to and
from the Rodeo arena, Parks, Ball fields, and Schools. . .
3. Greatly decrease the value of our homes and our property.
4. Greatly decrease our over all quality of neighborhood life. Apparently the
bureaucrats have forgotten that our neighborhoods are Zoned Residential.
5. Destroy our neighborhoods with increased speeding traffic, noise, crime, littering,
and air pollution. .
6. Unfairly decrease our quality oflife and property values in order to increase the
property values of special interest land developers South of us.
The excuse our bureaucrats use to install this first phase of the Highway through our
neighborhoods and front yards, is the desire of La Porte I.S.D. to have a shorter bus
route for Lomax Elementary students that have previously attended Rizzuto Elementary.
Yet, L.P.I.S.D. Superintendent John Sawyer says the last time L.P.I.S.D. asked for the
road was about 3 years ago. Mr. Sawyer was unaware that the first phase road was being
considered. The logical answer to the school overcrowding problem is to use the
$321,000 to build new class rooms at Rizzuto rather than destroy our existing
neighborhoods with an unwanted Highway. With a new school planned for the area and
changing school population, there is a good probability that in the near future the road
will not be necessary for school travel, but we will still have to live with it"s destruction
of our neighborhoods. (More info on the back)
"#
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Page 2 of 2
. We invite you to join with your neighbors to stop this Four Lane Highway through
our neighboorhoods before it gets started. Please:
1. Sign the petition by calling one of the neighbors listed at the bottom ofthis letter.
2. Call our elected officials and bureaucrats at the #s below. Remember, we pay
their salaries and we elect them. They Work For Us. Please tell them what you
want in return for your tax money and your vote....and ask them how they would .
like a Four lane Highway built through .their neighboorhoods and f:ront yards.
3. Attend the City Council meeting on Sept. 14, 1998 with your children and your
neighbors to show our bureaucrats and officials that we Will Act to save our
neighborhoods. You have a legal right to speak before City Council for
5 minutes during the meeting. If you wish to use this right, sign up at the
entrance at least 15 minutes before the meeting starts.
4. Tell your neighbors and ask them to sign the petition, to caU our bureaucrats and
Council Members; AND to attend the Sept. 14 Council meeting.
. Our bureaucrats and some Council members are trying to down play this assault on
our neighborhoods as "no big deal". When you caU them and they try to down play
the importance ofthis first phase of the Four Lane Highway through our
neighborhoods, pl~e remember the attached 1994 letter from City bureaucrats to
the Knox's. Within the last two weeks we have seen the engineering drawings for the
Four Lane Highway and talked with the Director of Planning... and hf: still plans to
build the Highway.
. We have developed a mountian of evidence that proves the City bure:aucrats will say
what they think we want to hear while they secretely work toward their goals...and
their goal is to turn Farrington Blvd. and Lomax School Rd. into a Four Lane
Highway connecting Fairmont Parkway to Highway 225, unless we stop them.
Please call City Council members: Guy Sutherland @ (H) 471-1244
Howard Ebow @ (H) 471-4014
Peter Griffiths @ (H) 471-3756
Alton Porter @ (H) 471-8377
Zoning Board Member Melton Wolters @ (H) 471-1527
City Manager Bob Herrera@ (W) 471-5020
City Planning Director Doug Kneupper @ (W) 471-5020
May~r Norman Malone @ (W) 471-5020
OR leave a message for them at City Hall @ 471-5020
Thank you for your time and effort:
Wayne Knox @ (W) 471-5751
Jim Adams @ (H) 470-2378
Bill Scott @ (H) 470-6685
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Cit)T of La F~orte
ESUlhlis/ld I tN 2
1:;
i
September 26, 1994
Mr. Wayne Knox
Pipe and Valve
. 11837 Fairmont Parkway
La Porte, TX 77571-6003
Dear Mr. Knox:
.:
In response to your letter dated September 22, regarding the extension of Farrington/Lomax
School Road, I would like to furnish you the followi~g information:
.
The project, part of the Comprehensive Plan, is scheduled to be a phased
project lasting in the neighborhood of fifteen years.
. The ultimate roadway, as called for in 'preliminary pJ~nninell will be a four
lane facility divided by a mediaD. and will appear mucll'Ilke Farrington Blvd.
from Spencer Hwy. to Fairmont Pkwy. As this is designed to be phased, the
initial roadway will be two lanes expandable to four lanes at the point in time
that traffic would warrant increasing the size. .
Phase One would be the conhect!oL!. from. the end of Fardngto~ - to
Lomax School Road at 1IIf' Street. Our 'current planS are to seek funclliig in
FY 1996. . .
. Phase Two would be the connectie:n from lip" Street nqrth to S.H.225. There
are no current indications of timine. but probably will not occur. before FY
200l
.
Phase Three would be the widening of the roadway from two lanes to four
lanes. Anticipated timing for this portion of the project is ten to fifteen years.
. . .
~.j,f' / .
ik//7~~
Charles R. Harrington
Director of Planning
xc: Robert T. Herre~ City Manager
Norman MaIone, Mayor
OV Etl ~A.SE'-:
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L.P. Budget Includes Capit
The 1998-99 fiscal year budget for
the City of La Porte includes a num-
ber of capital improvement projects
that cover a wide range of renova-
tions, additions and new facilities.
Listed here in the same order as
they appear in a summary issued to
city council for budget workshop
sessions, that concluded this past
~eck. tttCJ~rojects' include continu-
ing sidewalk,renovalions. throughout
the city, at a proposed budget total
Also. it has been propose .
council. approval. that the city
extend Farrington Boulevard north
from the Glen Meadows subdivision
to North H Street and its intersec-
tion with Lomax School Road. The
28-foot-wide. two-lane road would
have open ditches. and would be
positioned to allow for the future
addition of two more lanes. The
plan would .cost an estimated
S32 J ,000.
reconstruction of the intersection or
Canada Road and Spencer Highway,
to align the inters:ction Wi.t~t e
City of Deer Parle s extension of
And a third is paving of the ping
, '
lot at the Rodeo Arena in the Lomax
area.
Also. il is bcing proposed that lhe
city relocate the girl's softball pro-
gram from Lomax Park 10 Ihe Lillie
Cedar Bayou Park, at a cost of some
S200,OOO. And combined with
S 136.000 fro!n Ihc general obliga-
tion bond fund. plans are outlincd
for a total of S335.500 to be spent
completing the parking lot,
restroom and pavilion facilitics at
the city's Seabreelc Park on
Galveston Bay.
There are also various joint ven-
ture projects with youth sports pro.
grams and other such organizations,
at a total projected cost of S40..000.
A number of community facilities
re proposed as well. For instance.
- i 00,000 has been set aside in each
f the four previous fiscal years. and
combined with SIOO,ooo for the
upcoming ycar, totals S500.ooo in
funds for the construction of a class-
room facility at Ihe city's existing
Fire Training Field. TIle facility
would also serv,e as the city's
Emergency Operations Ce~ter.
City Hall renovations arc also
included in the capilal irnpro\'C'rnenl
phlll proposals. A 10t.11 uf S360.ClOO
was earmarked durin\! the current
liscal year. and anolhe~ 5360.000 is
proposed for the ne.tt fiscal year.
Slafr proposes to add space: to Ihe
currcnt City Hall building. while
remodeling and' repairing lhe c:xisl-
ing facilit)' as well. 'nu: 5720.000
earmarked will co\'cr the remodel.
ing errnm, and Ihe addition:!! srJ:e
\vouid 'be' adaressed"ln a future bond
package.
Another S35,ooo is lish:d to secure
architectural scrvices (or lhe possi-
ble addition of space aC the La Pone
Police Department building. And
S 125,000 is earmarked for the build-
ing of a storage facility for lhc cilY's
records. The old lin: stalion in.
Fairmont Park is now being used for
this storage. And S65.()()O i~ pro-
posed fur the acquistion of hInd for
East nou/evard. That would cosl
S235.000. And a prop(1Scd funher
extension of South 14th Street nonh
10 H Street. with cumpletion of the
intersection at that point. would be
adjacent to Ihe commercial center
now being built next te) the Kroger
storc. TIle exteri~ion would eost
.Sun Spots
l;CA-rexas, San Jacinto Chapter...CCA-Texas, San
,J:acinto Chapter is having ies first Annual Fundraiser Fajita Dinner,
catered by Triggs, from 6 p.rn. -10 p.rn. on Thursd~y, Aug. 27 at Sylvan
Beach' Pavilion. Live auction, silent auction, raInes. For raffle and din-
ner tieleet information call Pat Murray at 1-800-626-4222. Also tickets
will be'sold at the door.
Cheerleader Booster... The La Port~ High School Cheeileader
Booster Oub will hold its first m<:eting for the '98-'99 school year at 6
p.m. on Monday, August 24 irt the high school cafetcria. All parents
please plan to attend.
S 171.000.
At a COSI or $1
also proposes c<
Road from a rock
wide asphalt road \
Developers or I
Crossing and SUIl1I
visions have oullin
plete the next seCl
subdivisions. and
provide an acJdililll
dents in these nei!!/
There is also a rr
venture with Harri!
City or Shoreacres
Drivc Draina!!e Pr
for Harris C;unl)'
percenl of the d
. S6oo,ooo of Ihe Cl
the cities paying S
While the projecl i
107 acres of lhc wal
Porte.
TIlere arc a numl
jects proposed. One
of four venli/alClr f;:
Recreation and filn.
cost of S45,OOO. An
and tile work at the r
at an anticipated cr
what will eventuall>'
Booster Club... The La Pone High School Baseball [
will met at 7,p.m. on Thursday. Aug. 27 at the Lecture Hal
Exercise Class... The fall session of the Exercise \'
class will begin Mon,d;lY, August 31. To register for this.
exercise class, contact Neighborhood Centers, . Inc. 911 S. el
281-471-1824.
La Porte Eyes For
Traffic Hump Poli
La Porte Cily Council faces a number or decisions at its 6
session, covering a wide variety of subjects. .
Council will handle wh;lt amounts to "douing the ,'s and c.n
concerning the city's cabl.: TV franchise. as consi~eration w~11
an ordinance renewing the grant of ,a non-exclUSIve: fra~c.hls(
Systems Inc.. to erect. malintain and o~ratc: a cable televls.lon
city. And that will be fdllowed by consi~eration of an ordman
fers the cable TV franchi$l: from Tele- Vue to Texas Cable Part
Also Monday. two rescllutions ace on the agenda. The firs
request for legislative action prc:serving local. government ~~th
taxpayer dollars through Cl>operative purchasing programs. TI
support documen't for that same legislative action.
,...._..__:. -,,0..: ......._ _1..."......... . ..J __... _It... _It_.._It..__
.
l: Football Bl,llldog Booster...u. Porte Football Bulldog
!. Booster Club will meet every Monday night at 6:30 p.m. at tlie Dog
House. All football parents and other interested persons are urged to
attend. .
Git:/s Fastpitch... The TCJC~ Rage, a'girls .16u Fastpitch team, will
be holding trYouts $ep~ 12 and 19; for the upcoming season. For more
information call Roger Harris' at 281-998-7665.
LPHS Yearbooks... The 1998 La Porte High School Yearbooks
aCe in and maybe pieleed up in Room 10. Extra copies ace availabl!= for
" .purchase and arc S38.00.
. Workers Training Banquet... Bayshore B~ptist Church
~unday School Workers Trainin~ BanQuet will he from 7 n.m - 9:30
e
City of La PCJrte
Established 1892
September 14, 1998
POSITION PAPER ON FARRINGTON BLVD. EXTENSION
The City's plan for the extension of Farrington Blvd. consists of building a 28-foot wide
two-lane road with open ditches to go from Glen Meadows Subdivision to North "'H" Street. We
have set aside $321,000 for this project.
This extension is not a four-lane highway. The City's Comprehensive Plan as a.dopted in 1984
recognized the lack of roads in La Porte that had a south to north access. The plan at that time
recommended Underwood Road, Bay Area Blvd. and Farrington Blvd. some day go through to
State Highway 225. The City does not see Farrington Blvd. being extended to Sf.[ 225 within the
next 15 to 20 years and this plan may even be changed as a result of the City's (:urrent effort to
update the 1984 Comprehensive Plan. It is our belief that once Bay Area Blvd. is built and
improved, it will eliminate the need to build Farrington Blvd. through to SH 225.
Within the next 2 to 6 months, neighborhood meetings will take place throughout the City to
receive input on what changes or additions are needed within the City's Comprehensive Plan.
This is the proper forum to change the City's future road systems. A citizl~ns' committee
working with a consultant then will recommend changes to the City Council.
A public meeting is scheduled for October 27, 1998, at 7:00 pm at Sylvan Beach Conference
Center to discuss how to proceed in updating the City's Comprehensive Plan and to receive
public input on matters that need to be looked at within the Comprehensive Plan.
Jb;4~
Norman Malone
Mayor
P.O. Box 1115 · La Porte, Texas 77572-1115 · (281) 471-5020
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September 14, 1998
Proposed Extension of Farrin2ton Blvd.
When I was Mayor of the City of Lomax we discussed and sought funding for the
extension of Farrington Blvd. to "H" Street in Lomax. It was our thoughts that this
would reduce the travel time for ambulance and fire protection. I still believe this need to
be true and necessary and support this project .
There have been rumors of a four-lane extension going all the way to SH 225 making it a
through street with tons of traffic, including trucks and plant workers in a hurry to get to
their job.
La Porte's plan for the extension at this time consists of building a 28-foot wi.de two-lane
road with open ditches to go from Spencer through Glen Meadows Subdivision to
North "H" Street and we have set aside $321,000.00 for this project.
This extension will not be a four-lane highway as some have discussed. The City's
Comprehensive Plan as adopted in 1984 recognized the lack of roads in La Porte that had
a South to North access. At that time the Plan recommended that Farrington Blvd. and
Bay Area Blvd. go through to SH 225.
We have given this some thought and believe that when Bay Area Blvd. is built and
improved, it will reduce the need or eliminate the need to build Farrington Blvd. through
to SH 225. However, there would still be the need for access from Spencer to "H" Street
for fire, ambulance or other emergency vehicles.
At this time the City does not visualize the need to extend Farrington Blvd. to SH 225
within the next 15 to 20 years. With the current effort to update the 1984 Comprehensive
Plan there may even be changes in this plan. We have selected a committefl and within
the next 2 to 12 months, neighborhood meetings will take place throughout the City to
receive input on what changes or additions are needed within the City's Comprehensive
Plan.
We believe this is the proper forum to change the City's future road systems and we have
selected a citizens' committee to work with a consultant that will recommend changes to
the City Council.
A public meeting with this committee and consultant is scheduled for Octobler 27, 1998,
at 7:00 pm at Sylvan Beach Pavilion. Discussion will center on how to- proceed in
updating the City's Comprehensive Plan and to receive public input on matte:rs that need
to be looked at that are presently within the Comprehensive Plan.
Norman L. Malone, Mayor
City of La Porte
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Page 1 01'2
Notes for Bill Scott's 9-14-98 City Council 5 minute presentation.
1. Handouts to council
2. Name and Address, I just handed you the same letter given out to several
hundred La Porte citizens and voters.
3. The citizens you see here tonight are just a few of the Voters and
Taxpayers that want you to vote against funding to connect Farrington
Blvd. and Lomax School Road which is Phase I of a highway through our
neighborhoods and front yards.
4. These are just a few of the Voters and Taxpayers who will loose their
hard earned property values and have their quality of neighborhood life
in Zoned residential areas, lowered if you start Phase I of this highway.
5. Over 400 voters and citizens have signed this petition calling tor you to
NOT fund Phase I of this highway and to remove all references to this
highway from the Comprehensive Plan. The number of voters signing
the petition is growing daily.
6. The excuses I have heard to justify wasting $321,000+ of the taxpayers
money to build Phase I of the highway just don't hold water.
Excuse #1. The La Porte LS.D. needs the Phase I road for a bus route.
Reality is; La Porte LS.D. officials did not even know the Phase I road
was being considered and only informally requested the road about 3
years ago.
Excuse #2. The Phase 1 road is needed tor emergency vehicl~~s.
Reality is; There has not been any study to indicate this is necessary. It is
simply a wish list item from the Fire department.
Excuse #3. The expansion of subdivisions in La Porte in this area will
need highway access to Hwy 225.
Reality is; there is very little open residentially zoned area left in this part
of La Porte that would benefit from this proposed highway.
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page 2 of2
7. Of the 100 or so voters that I have personally talked with on this matter,
four were in favor of Phase I of the highway. One owns the Mr. Mercury
convenience store a~ the comer of Farrington Blvd and Spencer Hwy. I'll
let you figure out why he wants the highway. Two school oftlcials who
would like Phase I of the highway for a shorter bus route... at thc~ expense
of property values and neighborhood quality for hundreds of taxpayers..
and one gentleman in Glen Meadows whose child now attends Lomax
Elementary and wanted a shorter route to schooL.. until he found out how
much the Phase 1 road is really going to cost him. He changed his
mind and does not want the highwav Phase 1 road.
o _ .'
8. What basis in law allows the City to provide one persons convenience at
the expense of another persons existing property values and quality of
neighborhood environment. There is no basis in law or in ethics that
allow this.
9. The City Zoning Ordinance 1501 states that it's purpose is to ..."conserve
the value of property" and ..."promote ~e health and the g~neraJ welfare;
to prevent the overcrowding of land..." "with a view to conserving the
value of buildings and encouraging the most appropriate use of land" ...
This proposed Phase 1 road will violate the very purpose of the Zoning
Ordinance that protects our residential neighborhoods from commercial
special interests....and may well be the basis of a class action lawsuit to
protect our property values and neighborhood environments.
10. We believe that all the voters signing the no highway petition will also
sign a petition of referendum of recall for any elected official that
promotes this highway through our neighborhoods and front yards.
Thank you for your time and consideration of this matter.
Bill Scott
e CITY OF LA PORTE e
11~1:1:li:I:I:!!lililll:.II.::I:lli~iillil:!:III~:~illi!II:I:i!!II~!:.illl'lilll:lril!I:I~.llllllllli'i.I:I!!iI!i!ill
September 14, 1998
TO:
Mayor and City Council
FROM:
Robert T. Herrera, C~~
PPG - Tax Abatement
Agenda Item Number 17
SUBJECT:
Please be advised that in a meeting today with the Plant Manager ofPPG in La Porte, it
was agreed that Agenda Item Number 17 be tabled until the September 28, 1998, Regular
Council Meeting.
I concur with this request. There are some language issues that will need to be resolved,
and this 2-week delay will not hurt the scope of the project.
RTH:cjb
c John Joerns
Jeff Litchfield
Knox Askins
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TROPICAL STORM FRANCES
SeDtember 10 -11
24-hour period
inches of rain
10 to 11
SeDtember 11 - 11
24-hour period
inches of rain
Total
2.5 to 3
12.5 to 14
SeDtember 11
. Tornado touches down @ approximately 4:30 am
. Damage to homes, trees and commercial businesses
no reported injuries
. Show direction taken on map
Hi2h Tides
. running 4 to 6 feet higher than normal
Street Floodin2
. Much street flooding throughout the City of La Porte
. Severe flooding in Lomax: area when 3 :OOam tide came in
. Some homes may have had water in them
City Facilities Dama2~
. Sylvan Beach Fishing Pier - damage to T -head
. Sylvan Beach Pavilion - lost glass window
City Personnel
. Over 90% of City employees were able to retum to work.
. Employees arrived early and stayed late.
. Some employees even canceled their vacation:; to stay and help
out the City, which should be viewed as an un:;elfish gesture.
Administrative Policv Decisions
. Waive permit fees associated with storm dama.ge to
residentiaVcommercial properties
. Waive trash/debris cleanup limits
. Authorize use of overtime and going to 10-hour days within
Public Works Department
- - 3M _
- - - -
... ...
.. I - ...
III -- .
- - .
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.... ... 4M <WI fit
- - - - II.
INSET OF -L. STREET 0
1M
DAMAGE z
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DAMAGE ASSESSMENT TRDPICAL STORM FRANCIS. SEPTEMBER 11.1888