HomeMy WebLinkAbout1999-09-27 Regular Meeting, Workshop Meeting, and Public Hearing
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MINUTES OF THE REGULAR MEETING,
PUBLIC HEARING, AND WORKSHOP MEETING
OF LA PORTE CITY COUNCIL
SEPTEMBER 27, 1999
1. CALL TO ORDER
The meeting was called to order by Mayor Norman Malone at 6:00 p,m,
Members of City Council Present: Council persons Chuck Engelken, Howard Ebow,
Peter Griffiths, Alton Porter, Deotis Gay, Charlie Young, Jerry Clarke, and Mayor
Norman Malone.
Members of Council Absent: Councilperson Guy Sutherland.
Members of City Executive Staff and City Emplovees Present: City Manager Robert T,
Herrera, Assistant City Attorney John Armstrong, Assistant City Secretary Janis
Goulder, Assistant City Manager John Joerns, Assistant City Manager Jeff Litchfield,
Director of Planning Doug Kneupper, Police Chief Richard Reff, Fire Chief Joe Sease,
City Planner Masood Malik, Cash Manager Rick Overgaard, Accounting Manager
Kathy Hutton, EMS Chief Chris Osten.
Others Present: Spero Pomonis, Dan Soine, Kimberly Maki, June Lohman, Clark
Askins, Colleen Hicks, David Boothe, and Bob Klassen.
2. Councilperson Alton Porter delivered the Invocation.
3. Council considered approving the minutes of the Regular Meeting on September 8,
1999.
Motion was made bv Councilperson Engelken to approve the minutes of the Regular
Meeting as presented. Second by Councilperson Griffiths, The motion carried.
Ayes: Engelken, Ebow, Griffiths, Porter, Gay, Young, and Mayor Malone
Nays: None
Abstain: Clarke
4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND
TAXPA YERS WISHING TO ADDRESS COUNCIL,
There were no citizens wishing to address Council.
5. Proclamations:
Mayor Malone presented a Proclamation to Dan Soine of Volmer Public Relations for
the "Wings Over Houston" Air Show,
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City Council Minutes - September 27, 1999 - Page 2
6. Presentations:
Mayor Malone presented Assistant City Manager Jeff Litchfield an Award from the
Government Finance Offices Association for Achievement of Excellent in Financial
Reporting. Present to accept the award with Mr, Litchfield was Accounting Manager
Kathy Hutton and Cash Manager Rick Overgaard,
7. Kimberly Maki, Vice President of Public Affairs and June Lohman, Public Affairs
Coordinator with Time Warner Communications discussed ongoing customer service
issues with Council.
8. Council considered approving a resolution authorizing the resale of certain property to
Arthur Kelly and Linda Snyder.
Assistant City Manager Jeff Litchfield presented summary and recommendation,
Motion was made by Councilperson Clarke to TABLE Resolution 99-30 as presented by
Mr, Litchfield, Second by Councilperson Griffiths. The motion was TABLED,
Ayes: Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke, and Mayor Malone.
Nays: None
Abstain: None
9. Council considered approving a resolution adopting the drainage criteria chapter of the
Public Improvement Criteria manual.
Director of Planning Doug Kneupper presented summary and recommendation.
Assistant City Attorney read: RESOLUTION 99-31 - A RESOLUTION ADOPTING A
PORTION OF TI-IE "PUBLIC IMPROVEMENT CRITERIA MANUAL ("PICM")
CALLED FOR IN ORDINANCE 1444 OF TI-IE CITY OF LA PORTE (THE
DEVELOPMENT ORDINANCE OF THE CITY OF LA PORTE), RELATING TO
DRAINAGE CRITERIA AND IMPROVEMENTS; MAKING CERTAIN FINDINGS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH TI-IE OPEN
MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
Motion was made by Councilperson Engelken to approve the resolution as presented by
Mr. Kneupper. Second by Councilperson Griffiths. The motion carried unanimously.
Ayes: Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke, and Mayor Malone,
Nays: None
Abstain: None
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City Council Minutes - September 27, 1999 - Page 3
10. Council considered approving a resolution amending authorized representatives for
TEXPOOL and LOGIC.
Assistant City Manager Jeff Litchfield presented summary and recommendation and
answered questions for City Council.
Assistant City Attorney read: RESOLUTION 99-32 - A RESOLUTION AMENDING
AUTHORIZED REPRESENTATIVES FOR TEXPOOL and RESOLUTION 99-33 - A
RESOLUTION AMENDING AUTHORIZED REPRESENT A TNES FOR LOGIC,
Motion was made by Councilperson Engelken to approve the resolutions as presented by
Mr. Litchfield, Second by Councilperson Gay, The motion carried unanimously.
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Ayes: Sl:l~erhm , Engclken, Ebow, Griffiths, Porter, Gay, Young, Clarke, and Mayor
Malone.
Nays: None
Abstain: None
11. Open Public Hearing - Mayor Malone opened the Public Hearing at 6:35 PM,
Review by Staff - Director of Planning Doug Kneupper presented summary and
recommendation and answered questions for City Council.
Public Input - There was no public input.
Recommendation of Staff - Staff recommended to Council that we move forward,
Close Public Hearing - Mayor Malone closed the Public Hearing at 6:41 PM.
12. Council considered approving a Special Conditional Use Permit (SCU99-003) to David
Boothe.
Director of Planning Doug Kneupper presented summary and recommendation
Motion was made by Councilperson Gay to approve the Special Conditional Use Permit
as presented bv Mr, Kneupper, Second by Councilperson Ebow. The motion carried
unanimously.
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Ayes: Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke, and Mayor Malone,
Nays: None
Abstain: None
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(:ity Council Minutes - September 27, 1999 - Page 4
13. Council considered approving an ordinance authorizing the City to enter into an
Industrial District Agreement with Bayport North Industrial Park, L,P.
Director of Planning Doug Kneupper presented summary and recommendation and
answered questions for City Council.
Assistant City Attorney read: ORDINANCE 93-IDA-54 AN ORDINANCE
AUlHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN
INDUSTRIAL DISTRICT AGREEMENT WITH BA VPORT NORTH INDUSTRIAL
PARK, L.P" FOR THE TERM COMMENCING JANUARY 1,2000, AND ENDING
DECEMBER 31, 2000; 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 bv Councilperson Engelken to approve the ordinance as presented bv
Mr, Kneupper Second by Councilperson Porter, The motion carried,
Ayes: Engelken, Ebow, Griffiths, Porter, Gay, Clarke, and Mayor Malone,
Nays: None
Abstain: Young
14. Council considered approving a Utility Extension Agreement between the City of La
Porte and Bayport North Industrial Park, L.P,
Director of Planning Doug Kneupper presented summary and recommendation and
answered questions for City Council.
Motion was made by Councilperson Porter to approve the Utility Extension Agreement
as presented by Mr. Kneupper. Second by Councilperson Clarke. The motion carried
unanimously,
Ayes: Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke, and Mayor Malone,
Nays: None
Abstain: None
15. Council considered approving an ordinance amending Chapter 14, Section 14-108,
vicious or dangerous dogs, to update the City of La Porte Code of Ordinance to comply
with recent changes in Health and Safety Code Chapter 822.
Police Chief Richard Reff presented summary and recommendation and answered
questions for City Council.
Assistant City Attorney read: ORDINANCE - 99-2362 - AN ORDINANCE
AMENDING CHAPTER 14, ANIMALS, SECTION 14-108, VICIOUS OR
DANGEROUS DOGS; REMOVAL FROM CITY UPON NOTICE; IMPOUNDMENT
AND DESTRUCTION; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AND
EFFECTIVE DATE HEREOF,
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City Council Minutes - September 27, 1999 - Page 5
Motion was made by Councilperson Ebow to approve the ordinance as presented by
Chief Reff. Second by Councilperson Griffiths. The motion carried unanimously.
Ayes: Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke, and Mayor Malone.
Nays: None
Abstain: None
16. Council considered approving an ordinance authorizing the City Manager to execute a
contract with Epoxy Design Systems for rehabilitation of the Sylvan Beach Pavilion
structural support/floor system.
Director of Planning Doug Kneupper presented summary and recommendation and
answered questions for City Council.
Assistant City Attorney read: ORDINANCE 99-2363 - AN ORDINANCE APPROVING
AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND
EPOXY DESIGN SYSTEMS, INC. FOR CONSTRUCTION OF SYLVAN BEACH
PAVILION STRUCTURAL SUPPORTIFLOOR SYSTEM APPROPRIATING
$86,562.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; PROVIDING AND EFFECTIVE DATE HEREOF..
Motion was made by Councilperson Young to approve the ordinance as presented by Mr.
Kneupper. Second by Councilperson Engelken. The motion carried unanimously.
Ayes: Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke, and Mayor Malone.
Nays: None
Abstain: None
17. Council considered authorizing the City Manager to approve a contract with Dr.
Boultinghouse, M.D., to serve as the EMS Medical Director.
Fire Chief Joe Sease presented summary and recommendations and answered questions
for City Council.
Motion was made by Council person Engelken to authorizing the City Manager to
approve the contract as presented by Chief Sease. Second by Councilperson Clarke.
The motion carried unanimously.
Ayes: Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke, and Mayor Malone.
Nays: None
Abstain: None
18. Workshop was opened at 7:25 PM.
The following items were discussed:
A. Reviewed the proposed solicitor ordinance update.
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City Council Minutes - September 27, 1999 - Page 6
19. Mayor Malone closed the Workshop at 7:44 PM and re-convened the Regular Meeting.
20. ADMINISTRATIVE REPORTS
City Manager Robert T. Herrera reminded Council of the following events:
A.
Development Corporation Board Meeting - City Hall- October 6, 1999 - 6:30
PM.
B.
Salute to Industry Banquet - October 14, 1999.
C.
Census count Committee Meetings - City Hall Council Chambers - October 19,
1999 at 6:00 PM.
D.
Monthly Highlight Re ort by City Manager Robert T. Herrera.
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letl to mform the City of La Porte that our Grant was
fficers.
E.
21. COUNCIL ACTION
Councilpersons Clarke, Young, Gay, Porter, Griffiths, Ebow, Engelken, and Mayor
Malone brought items to Council's attention.
22. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN
MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, AND 551.084,
TEXAS GOVERNMENT CODE, - (CONSULTATION WITH ATTORNEY,
DELIBERATION REGARDING REAL PROPERTY, DELIBERATION
REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL
MATTERS, CONFERENCE WITH EMPLOYEES DELIBERATION
REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING
EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION)
A. 551.071 (CONSULTATION WITH ATIORNEY) LEGAL - RECEIVE
REPORT FROM CITY MANAGER ON PENDING LITIGATION
Council retired into Executive Session at 8:00 PM under Section 551.071 (Consultation
with Attorney).
Council Adjourned Executive Session at 9:00 PM.
Council returned to the table at 9:01 PM, with no action taken.
23. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED
IN EXECUTIVE SESSION
No action taken.
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City Council Minutes - September 27, 1999 - Page 7
24. ADJOURNMENT
There being no further business to come before Council, the Regular Meeting was duly
adjourned at 9:02 PM.
Respectfully submitted,
::2.~~rj/p(MJ I &4 ~
Assistant City Secretary (J
Passed and approved on this 11th day of October 1999.
J1;ffi'~4",^--
NC L. Malone, Mayor
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Offi& of the Mafor
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IJJJl1rrrus :
the 1999 Wings Over Houstoll Airshow Festival, in its
ISh year as one of the notioms premier air shows, takes
flight on October 16 and 17 at Ellington Field, and,
WHEREAS,' the Willgs Over Houston is olle of the largest non-profit civic events in
the Texas Gulf Coast region and is produced by an all-volunteer effort of the Gulf Coast Willg and the
West Houston Squadron of the American Airpower Heritage Group; and.
WHEREAS,' Willgs Over Houstoll will feature two days of excitement for the entire
family. includillg official demonstrations of the AV-8B Harrier, F-16 Falcon, AH-64 Apache, F-JJ7
Stelth Fighter, B-52 Buff Q1Id CF-18 Homet; Aerobatics World Champion Gene Souey alld Willg
Walker Teresa Stokes; the RE/MAX JlImp Team; Les Shockley's SlIper Shockwave $500,000 "1,iple
Engine Jet Tractor Tnlck, " Kent Gorton in the "1byota Special, " SeQ1l Tuckers Pitts S-2S BiPIQ1le and
the Tora! Tora! Tora! Pearl Harbor re~nactment, along with lWERKS and M-4 flight simulator rides
and a chi/drens carnival; and,
WHEREAS,' Wings Over Houston features a barrier-free "Special Show" on October
15 to entertain more than 4,500 physically challenged people from the greater Houstoll area; and,
WHEREAS, Wings Over Houston mpports a variety of worthy causes throughout the
greater Houston area, including the Aviation Career Education (ACE) Summer Academy Program,
scholarships for college students studyillg for careers ill aviatioll and annual support for the
AmericQ1l Airpower Heritage Group; and,
WHEREAS, Wings Over Houston attracts Q1I average of 80,000 festival-goers
annually to nearby Ellillgton Field and encourages commerce ill neighboring commllnities;
NOW THEREFORE I, Norman L. Malolle, MAYOR of the City of La Porte do
hereby proclaim October 11-17 as
WINGS OVER HOUSTON WEEK
IN WITNESS WHEREOF, 1 have hereunto set my hand and caused the Seal of the City to be affixed
hereto, this the 27"( day of September, 1999
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Norman L. Malone, Mayor
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The Government Finance Officers Association of the United States and Canada is
pleased to announce that the City of La Porte has received the GFOA's Distinguished
Budget Presentation Award for its budget.
The award represents a significant achievement by the City. It reflects the commitment
of the City Council and Staff to meeting the highest Principles of governmental
budgeting. IN order to receive the budget award, the City had to satisfy nationally
recognized guidelines for effective budget presentation. These guidelines are designed
to assess how well the City's budget serves as a policy document, a financial plan, an
operations guide and a communication device.
Since the inception of the GFOA's Distinguished Budget Presentation Awards Program
in 1984, approximately 700 entities have received the Award. This is out of over 39,000
eligible governmental units.
The City of La Porte has received this award since 1990.
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GOVERNMENT FINANCE
OFFICERS ASSOCIATION
180 North Michigan Avenue, Suite 800, Chicago. Illinois 60601
312/977-9700. Fax: 312/977-4806
Septern ber 10, 1999
Jeff F. Litchfield
Assistant City Manager/Finance
City of LaPorte
604 W. Fairmont Pkwy.
LaPorte TX 77572-1115
Dear Mr. Litchfield:
A camera-ready reproduction of your award is enclosed for inclusion in your next budget.
If you do reproduce your award in your next budget, a statement indicating continued
compliance with program criteria must be included in that budget. The following
standardized text should be used:
The Government Finance Officers Association of the United States and Canada
(GFOA) presented an award of Distinguished Presentation to (unit name) for its
annual budget for the fiscal year beginning ( date).
In order to receive this award, a governmental unit must publish a budget
document that meets program criteria as a policy documents, as an operations
guide, as a financial plan, and as a communication device.
The award is valid for a period of one year only. We believe our current budget
continues to conform to program requirements, and we are submitting it to GFOA
to determine its eligibility for another award.
Again, we appreciate your participation in the program.
~~
Stephen J. Gauthier, Director
Technical Services Center
SJG/jamcj
Enc!.
WASHINGTON OFFICE
1750 K Street. N.W., Suite 650, Washington, OC 20006
202/429-2750 . Fax: 202/429-2755
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DISCUSS ONGOING CUSTOMER SERVICE ISSUES WITH TIME WARNER CABLE
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REQulT FOR CITY COUNCIL AGENDA ITE'
AGENDA DATE September 27.1999 REQUESTED BY Jeff Litchfield. Finance Director
_ REPORT; XX RESOLUTION; _ ORDINANCE;
On February 2, 1999, property located at the corner of Hazel and Bayshore Drive was offered for
public bid via a "Sheriff's Sale". These properties were offered because the property owner had not
paid taxes on the property for several years. When no one bid on the property, the title to the
property reverted to the La Porte Tax Office as Trustee for the City of La Porte, the La Porte
Independent School District and Harris County.
The property comprises 5 city lots and is 125' by 125', or 15,625 square feet. The property also
contains a house that appears to be in a state of disrepair. City staff has reviewed the property and
prepared a report on suspected deficiencies and I have attached a copy of that report.
The La Porte Tax Office has actively marketed this property for resale and received several bids on
the property. The first bid was for $45,000 and the latest bid is for $75,000. The 10 day "rolling bid"
period for the $75,000 bid ends at 5:00 pm today (If the $75,000 bid is bettered, this agenda item
will be removed). The $75,000 bid is a joint bid by Arthur Kelly and Linda Snyder, who own property
adjacent to the property being resold.
The property is on the Harris County Appraisal District Roll with an appraised value of $117,000.
Delinquent Taxes on the property total approximately $102,000 (20 years worth). Since the offer
received for the resale is less than either of these values, The offer requires approval by each of the
three taxing entities before the resale can take place. If all three entities approve, the sale will occur
with each entity receiving its pro-rata share of the tax distribution.
The first cost paid will be the cost incurred by the La Porte Tax Office for reselling the property. This
amount is estimated at $1,000. Second, the City of La Porte has delinquent taxes due on the
property of $31,757.39. If the resale is approved by all three entities, the City will receive an
estimated $22,400 as their pro-rata share. The City's pro-rata share will pay in-full the base tax of
$12,231.37, leaving $10,186.63 to be applied to penalties, interest and attorney fees.
Even thought we are reselling this property for less than is due on the property, staff believes the
absorption of the loss is necessary to get the property into the hands of a owner who will care for
and maintain the property as well as pay taxes on it in the future.
ACTION REQUIRED BY COUNCIL:
Approve resolution authorizing the resale of the tax properties to Arthur Kelly and Linda Snyder.
FUND N/A
ACCT NUM:
FUNDS AVAILABLE:
Q'Z5-Q9
DATE
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RESOLUTION 99-
tfliED q/:! 1fq 'I
RESOLUTION AUTHORIZING THE RESALE OF CERTAIN PROPERTY TO
ARTHUR KELLY AND LINDA SNYDER
WHEREAS the City of La Porte (City), in the course of its function as a taxing entity in the State of
Texas, obtains title to real property in the capacity as Trustee for itself and other taxing units that tax
the property; and
WHEREAS it is necessary for various reasons that some of the property so obtained must be resold
by the taxing units for less than the aggregate amounts of taxes, penalties, interest and costs; and
WHEREAS Section 35.05 of the Texas Property Tax Code requires that when real property is sold
for less than the aggregate amount of taxes, penalties, interest and costs, the sale must be
approved by all taxing units that tax the property; and
WHEREAS the City has adopted procedures designed to provide all parties the opportunity to submit
offers to purchase such real property and to secure the best offer for such property that is sufficient
to pay at least the costs of suit and sale of such property; and
WHEREAS it is desirable that resale of the property be free and clear of all claims of the taxing units,
for all taxes, penalties interest and costs that have accrued up to the date of resale
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE,
Section 1. That the City of La Porte, as Trustee, resell the real property described in the attached
Exhibit "A", for the amounts set for on said Exhibit "A", in full satisfaction of taxes, penalties, interest
and costs that have accrued on the property up to the date of sale, subject to the approval of such
resales by official action by the governing bodies of the La Porte Independent School District and
Harris County.
Section 2. That 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 Government
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 27th day of September 1999.
~ LA PORTE, TEXAS
NO~
t/.
ha Gillett, City Secretary
APPROVED:
Knox Askins, City Attorney
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EXHIBIT A
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TAX RESALE PROPERTY TO BE SOLD TO ARTHUR KELLY AND LINDA SNYDER
FOR A TOTAL AMOUNT OF $75,000 (SEVENTY-FIVE THOUSAND DOLLARS).
TRACT 1: LOTS 10,11,12 & 13, BLOCK 6, SYLVAN BEACH, ACCORDING TO THE MAP OR
PLAT THEREOF RECORDED IN THE MAP RECORDS OF HARRIS COUNTY, TEXAS, AND
COMMONL Y KNOWN AS 333 BA YSHORE DRIVE, LA PORTE, TEXAS 77571.
TRACT 2: LOTS 9, BLOCK 6, SYLVAN BEACH ACCORDING TO THE MAP OR PLAT THEREOF
RECORDED IN THE MAP RECORDS OF HARRIS COUNTY, TEXAS AND COMMONLY KNOWN
AS 333 BA YSHORE DRIVE, LA PORTE, TEXAS 77571.
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REQUEST'OR CITY COUNCIL AGENOltTEM
Agenda Date Requested: September 27, 1999
Requested By:
Doug Kneuppe
Department: Planning
Report
xx
olution
Ordinance
Exhibits: Resolution
Drainage Criteria Chapter
Summary & Recommendation
This item was previously discussed at the September 8, 1999 Workshop Meeting. As a
result of the workshop discussion, staff has made the following changes to the
document:
Included Section 5.5.2 Outlet Sizing. This describes the size of the outlet exiting
from a detention pond.
Modified Figure 1 to include accurate rainfall data from the Harris County area.
Modified Figure 3 to clearly depict watershed boundaries.
Modified Figure 4 to remove references to the HCFCD and City of Deer Park.
Action Required by Council
Consider approval of a Resolution adopting the Drainage Criteria Chapter of the Public
Improvement Criteria Manual.
Approved for City Council Agenda
~~
Robert T. Herrera
City Manager
q. 81.,,~
Date
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RESOLUTION NO. qq_":l1
A RESOLUTION ADOPTING A PORTION OF THE "PUBLIC IMPROVEMENT
CRITERIA MANUAL ("PICM") CALLED FOR IN ORDINANCE 1444 OF THE CITY
OF LA PORTE (THE DEVELOPMENT ORDINANCE OF THE CITY OF LA PORTE),
RELATING TO DRAINAGE CRITERIA AND IMPROVEMENTS; MAKING CERTAIN
FINDINGS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Council has directed the qualified professionals of the City's
staff to prepare a Public Improvement Criteria Manual, setting forth City Policy and
guidelines relating to the design and construction of certain Public Improvements within
the City of La Porte, by virtue of the passage of Ordinance 1444, otherwise known as
the Development Ordinance of the City of La Porte; and
WHEREAS, City Staff has developed a portion of said policy, relating to drainage
criteria and improvements; and
WHEREAS, the Planning Commission of the City of La Porte has reviewed said
policy (in the form attached hereto as Exhibit "A"), and has received public comment on
said policy at its meeting held on August 19, 1999, pursuant to due notice, and
WHEREAS, the Planning Commission recommends approval of said Policy, in
the form attached hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LA PORTE, TEXAS:
Section 1. The facts and matters set forth in the preamble of this Resolution
are hereby found to be true and correct.
99-31
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Section 2. The portion of the PICM relating to drainage criteria and
improvements, as set forth on Exhibit "A" attached hereto, is hereby adopted by the City
Council of the City of La Porte.
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 is posted at a place convenient to the public at the City Hall of the city for
the time required by law preceding this meeting, as required by the Chapter 551, Tx.
Gov't Code; and that this meeting has been open to the public as required by law at all
times during which this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
Section 4. In the event any clause, phrase, provision, sentence, or part of this
Resolution or the application of the same to any person or circumstance shall for any
reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction,
it shall not affect, impair, or invalidate this ordinance as a whole or any part or provision
hereof other than the part declared to be invalid or unconstitutional; and the City
Council of the City of La Porte, Texas, declares that it would have passed each and
every part of the same notwithstanding the omission of any such part thus declared to
be invalid or unconstitutional, whether there be one or more parts.
Section 5. This Resolution shall become effective after its passage and
approval.
99-31
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PASSED, APPROVED, AND RESOLVED thisJ:7fLday of 5e.pr, 1999.
CITY OF LA PORTE
BY:~~___
, N RMAN L. MALO I MAYOR
ATTEST:
APPROVED:
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5.1 GENERAL PROVISIONS
Drainage Criteria for development within the City of La Porte, and where applicable within La Porte's
Extraterritorial Jurisdiction (E. T.J.) is dependent upon the size and type of development, the conditions
within the individual watershed, the conditions or design of the receiving stream, bayou, channel,
roadside swale, culvert, or roadway.
The basic objective of this policy is to minimize the threat of flooding to areas within the City and its
E. T.J. and to minimize the effect of continued development on individual watersheds.
I. The City believes that the best long-term means of accomplishing its objective is a
continued program of improvement and extension of the Harris County Flood Control
District's system of open channels. This statement recognizes the technical reality that an
essential prerequisite to an effective flood control program is a system of open channels
capable of carrying storm runoff of any type in Harris County to Galveston Bay without
adversely impacting existing urban areas adjacent to the channels.
2. The City recognizes that both the District's and City's existing open channel system is, in
many instances, inadequate to accomplish the goal of eliminating existing flooding
conditions for existing levels of urban development, or for ultimate development in the
watershed.
3. The City therefore recommends that where required, certain additional flood control
facilities be utilized to supplement the open channel system. Such flood control facilities
shall be designed to preclude flooding in areas that do not presently flood and not increase
flood levels where flooding now occurs. Specifically, the City supports the use of storm
water detention to supplement the open channel system until long-term channel
improvements can be completed, or as permanent facilities where additional open channel
improvements are not feasible. The result will be that new development will limit or
restrict the impact downstream.
5.1.1 All the drainage plans and construction shall meet or exceed the requirements of the
City of La Porte, Harris County Flood Control, Harris County, TxDOT, or any other
entities having jurisdiction over a facility (i.e. roadway, channel, etc.).
5.1.2 Unless otherwise provided for in these policies, development shall follow the Harris
County Flood Control District Criteria Manual for the design of Flood Control and
Drainage Facilities in Harris County, Texas.
5.1.3 If application of the policies and criteria contained in this document conflict with the
City's duties under the Flood Hazard Prevention Ordinance, the regulations of the Flood
Hazard Prevention Ordinance shall apply.
5.1.4 Drainage structures shall be constructed in such locations and of such size and
dimensions to adequately serve the development and the contributing drainage area. In
new developments, the developer shall provide all the necessary easements and rights-
of-way required for drainage structures, including storm sewer and open or lined
channels.
Stonnwater Criteria 1 of 12
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5.2 CONSTRUCTION PLAN REQUIREMENTS
5.2.1 A drainage map shall be included in the construction plans. The drainage area map shall
include:
A. Drainage areas, including areas draining from off-site onto or adjoining the project.
B. Design storm runoff, based on the type of facility and storm frequency listed in Section
5.4.
C. 100 - year runoff
D. Route of overland flow including the overflow to a drainage channel or detention
facility .
E. Water surface profiles for the 25-year and/or 100-year storms in the outfall channel. All
available information will be considered when making this determination.
F. Flow per inlet.
G. Maximum ponding elevation
5.2.2 Detailed drainage calculations shall be submitted with the construction plans.
5.2.3 A lot grading plan should demonstrate that the finished grading plan will drain to approved
collection and discharge points and that the overland flow of water from adjacent properties
will not be impeded.
5.2.4 The hydraulic gradient for the design storm may be shown on the construction drawings.
Calculations for the elevation of the hydraulic gradient shall be provided with the design storm
drainage calculations. The hydraulic gradient must be below the gutter line for the design
storm. The tailwater elevations based on a 25-year frequency in the outfall channel shall be
used for calculations of the hydraulic gradient.
5.3 USE OF PREVIOUSLY DESIGNED AND INSTALLED INFRASTRUCTURE
Situations where previously installed infrastructure is in place but not yet utilized to its design
capacity will be considered on a case by case basis. The developers engineer shall after
consultation with the City, prepare a report that:
a. outline the original design criteria.
b. evaluates the impact of the original design on the receiving stream, adjoining
properties and/or the 100 year Floodplain.
Based on the report, the City Engineer may allow full or partial use of the previously installed
infrastructure and may require it to be supplemented with detention or other facilities.
Stonnwater Criteria 2 of 12
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5.4 STORM FREQUENCY, RUNOFF AND DATUM
A. Storm Frequency
All drainage improvements shall be designed for the following storm frequencies.
Type of Facility
Road Side Ditches and Culverts
Storm Sewers
Ditches & Culverts Draining 100 acres and more
Bridges
Creeks
Detention Facilities
3 year
3 year
25 year
100 year
100 year
Refer to Section 5.5
B. Storm Runoff
Design flow of storm water runoff is to be calculated using the Rational Method.
The Rational Method is based on the direct relationship between rainfall and runoff, and
the method is expressed by the following equation:
Q = CIA, where
Q is the storm flow at a given point in cubic feet per second (c.f.s.).
C is a coefficient of runoff (see Table I).
I is the average intensity of rainfall in inches per hour for a period equal to the
time of flow from the farthermost point of the drainage area to the point under
consideration. (See Figure 1, I-D-F Curves and Figure 2, Determinination of
Time of Concentration)
A is the drainage area in acres
The size and shape of the watershed must be determined for each installation. The area
of each watershed may be determined through the use of planimetric-topographic maps
of the area, supplemented by field surveys in areas where topographic data has changed
or where the contour interval is insufficient to adequately determine the direction of
flow.
The outline of the drainage area contributing to the system being designed and outline
of the sub-drainage area contributing to each inlet point shall be determined.
When calculating the peak flow rate of storm water runoff, rainfall intensity will be
determined from the rainfall intensity, duration and frequency curves, shown in Figure
1. The storm frequency used for this determination will be according to the facility to
be designed as listed in Section A.
1. Runoff Coefficients and Time of Concentration
Stonnwater Criteria 3 of 12
Zone
R-l
R-2
R-3
MH
NC
GC
BI
LI
In
PUD
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Runoff coefficients, as shown in Table 1, shall be the minimum used, based on total
development under existing land zoning regulations. Where land uses other than those
listed in Table 1 are planned, a coefficient shall be developed utilizing values
comparable to those shown. Larger coefficients may be used if considered appropriate
to the project by the City Engineer.
The time of concentration is defined as the longest time, without unreasonable delay,
that will be required for a drop of water to flow from the upper limit of a drainage area
to the point of concentration. The time of concentration to any point in a storm
drainage system is a combination of the "inlet time" and the time of flow in the drain.
The inlet time is the time for water to flow over the surface of the ground to the storm
drain inlet. Because the area tributary to most storm sewer inlets is relatively small, it is
customary in practice to determine the inlet time on the basis of experience under
similar conditions. Inlet time decreases as the slope and the imperviousness of the
surface increase, and it increases as the distance over which the water has to travel and
retention by the contact surfaces.
Time of concentration shall be computed from Figure 2, and in no case shall the inlet
time be more than the time shown in Table 1.
Table 1
Zoning District Name
Low Density Residential
Mid Density Residential
High Density Residential
Manufactured Housing District
Neighborhood Commercial District
General Commercial District
Business Industrial Park District
Light Industrial
Heavy Industrial
Planned Unit Development District
Runoff
Coefficient
"c"
0.50
0.60
0.80
0.55
0.80
0.85
0.85
0.85
0.85
variable
Maximum Inlet
Time in
Minutes
15
15
10
15
10
10
10
10
10
10 to 15
Miscellaneous Land Uses
Land Use
Runoff Coefficient
"c"
Church
School
Park
0.70 to 0.90
0.50 to 0.90
0.30 to 0.70
Stormwater Criteria 4 of 12
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C. Datum
All drainage plans shall be prepared based on United States Geodetic Survey datum,
1978 adjustment, consistent with National Flood Insurance Program, Flood Insurance
Study for the City of La Porte.
5.5. REQUIRED DETENTION
Detention Basins - Unless otherwise provided for in this Section, Detention Basins will be
required for developments within the following watersheds.
Little Deer Creek -F212
. Upstream of Main Street
Little Cedar Bayou - F216
· Upstream of State Highway 146
Big Island Slough - B 106
. All segments
Spring Gully - B 109
. All Segments
Willow Spring Bayou - B 112
. All Segments
Taylor Bayou - A104
. All segments
The listed watersheds are shown on Figure 3.
5.5.1 Design Standards for Detention Basins
Detention requirements for developments less than 50 acres shall be according to the following table.
For developed areas of 10 acres or less, the required volume equals the total development area times
the appropriate storage coefficient. For areas greater than 10 acres and less than 50 acres the volume is
detennined by applying Harris County Flood Control District criteria for small watersheds.
Table 2 (Also, See Figure 4)
Developed Area
o to 3 acres
3 to 10 acres
10 to 50 acres
Storage Coefficient
0.20 acre ft.lacre
0.45 acre ft.lacre
per HCFCD criteria
Stormwater Criteria 5 of 12
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For developments, which are larger than 50 acres, Harris County Flood Control District and the City
Engineer shall approve the detention facility criteria.
5.5.2 Outlet Sizing
1. The outlet structure shall be designed using the orifice equation as follows:
Q = CA X (2gh)1I2
Where,
C=0.8
A = cross sectional area
g = 32.2 feet! sec2
h = head differential
For head differential use 2' or the 100-year water surface in pond minus the 25-year water
surface in receiving channel, if available.
2. Minimum restrictor shall be 6" diameter.
5.5.3 Additional Standards For Detention Basins
The detention facility shall be designed for easy maintenance. For smaller developments the
designer is encouraged to use parking lots, underground piping, swales, greenspaces, etc. to
achieve the volume required.
For larger developments every consideration shall be given to designing of the facility for
multipurpose use, such as playgrounds, ballfields, miniparks, required greens pace, etc., to assure that
maintenance will be accomplished. The design shall include the following:
1. an earthen detention basin shall have minimum side slopes of 4: 1 and a minimum bottom width
of ten feet;
2. the bottom of the detention basin shall have a minimum 0.50% cross slope to facilitate quick
drainage.
3. a v-shaped trickle channel a minimum of 5' wide, six-inch thick, reinforced concrete shall be
constructed through the detention basin at a longitudinal slope of 0.20% to accommodate low
flow and facilitate rapid drainage. For developments less than 3 acres, the trickle channel may
be 2 feet wide and 4" thick.
4. a minimum 12-foot wide maintenance berm shall be provided around the perimeter of the
detention facility.
5. ingress and egress for maintenance including a dedicated right-of-way ifrequired, shall be
provided to the detention basin and clearly shown on the construction drawings or site plan and
subdivision plat.
Stonnwater Criteria 6 of 12
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6. the detention basin, slopes, bottom, maintenance berm, and other associated right-of-way shall
be final graded with a minimum of 6" top soil then hydro-mulch seeded or drill-seeded and
watered to facilitate full grass coverage.
7. parties responsible for maintenance of the detention facility must be shown on the plat and or
plans.
8. Pumped detention systems may be allowed with specific approval from the City Engineer.
5.5.4 Ownership and Maintenance of Facilities
The City will not accept maintenance of on site facilities that serve only one tract or development,
unless it is determined to have other public benefits, is recommended by staff and approved by the
Planning and Zoning Commission.
Harris County Flood Control District may, at their discretion, accept maintenance of facilities,
provided they are designed in accordance with the District's criteria manual. Requests for Harris
County Flood Control District to assume maintenance of any facility should be coordinated with the
City prior to any development approvals.
5.6 ADDITIONAL DESIGN REQUIRMENTS
5.6.1 Discharge Points
The developer shall terminate all drainage improvements at a discharge point approved by the City.
The developer shall design and construct such discharge point, or outlet, to prevent damage to or
overflowing into adjacent property. The City may require creek improvement, channel lining, energy
dissipaters or other improvements for such outlet to prevent erosion or increase the flow capacity.
Finished elevations of new pavement, parking areas, or other improvements shall be designed so that
each succeeding high point is lower when moving in a downstream direction. This ensures the 100-
year discharge has an unobstructed path to the discharge point whether discharging to a channel or
detention pond.
5.6.2 Public Streets as Drainage Facilities
1. Maximum depth of water to be allowed in local streets during design flow shall be at the
top of crown, or top of curb, whichever is least.
2. Maximum spread of water in collector streets during design flow shall allow for one clear
lane of traffic (12 feet wide).
3. Maximum spread of water in arterial streets during design flow shall allow for two clear
lanes of traffic (24 feet wide).
5.6.3 Drainage Channels and Structures
1. The developer shall install an underground storm drain on curb and gutter streets beginning
at the point where the calculated storm water runoff is of such a quantity that it exceeds the
Stonnwater Criteria 7 of 12
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height specified above. The developer shall construct the storm drain system from this
point to an approved outlet.
2. For non-curb and gutter streets, the developer may use open channel (channel or ditch)
methods to dispose of storm water specified above. Such channels may be in dedicated
drainage easements outside the standard street right-of-way upon City approval of the
location and alignment of such easements. Alternatively, the developer may widen the
street right-of-way to accommodate an open channel of greater capacity than the standard
street/ditch section.
3. If the developer locates the channel in a widened street right-of-way, the City shall approve
the right-of-way width and channel configuration. The depth offlow in the channel shall
not exceed one (1) foot as measured from the ditch flowline to the point on the roadway
established as the high water level in this section.
4. The developer shall design and construct all channels to terminate at an approved outlet.
5.6.4 Habitable Structures
The developer shall provide adequate means for storm water run-off in excess of the "design storm"
capacity (i.e., 3, 10-year storm) to flow around habitable structures.
a.) The developer shall provide a grading/drainage plan which shows that all building sites can
provide a finished floor elevation:
(1) At least one foot (I') above the top of the curb using the highest point along the
portion of such curb fronting the building site, or
(2) At least eighteen inches (18") above the crown of road elevation, using the highest
point along the portion of such road fronting the building site.
(3) At least one foot above the ground elevation along all sides of the building site.
b.) In addition to paragraph (a) above, the developer shall provide a grading/drainage plan
which meets or exceeds the provisions of Chapter 94, Code of Ordinances, Flood Hazard
Reduction.
c.) The developer shall design and construct all streets to minimize any fill required to bring
building pads into compliance with this Code.
d.) Alternate methods of building protection may be accepted by the City upon submittal of
detailed information, review and approval by the City Engineer.
5.6.5 Drainage System Criteria
If an underground drainage system is required, and a 60-inch or smaller pipe will handle the
design slow, pipe shall be used. If a 60-inch pipe is not adequate, the developer has the option
to use concrete pipe or natural and/or a lined open drainage channel. If pipe is selected, the
maximum allowable velocity shall be 8 fps in the pipe. Lining materials, if used, shall be
approved by the City.
Stormwater Criteria 8 of 12
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5.6.6 Public storm sewers are defined as sewers and appurtenances that provide drainage for a public
right-of-way, or more than one private tract, and are located in public right-of-way or easement,
private storm sewers provide internal drainage for a reserve or other tract. Private storm sewer
connections to public storm sewers shall occur at a manhole or at the back of an inlet as
approved by the City Engineer. All private storm sewers within the public right-of-way shall
be constructed in conformance with the Standards.
5.6.7 All construction shall conform with the City of La Porte Construction Details.
5.6.8 All storm sewers shall meet or exceed the requirements of the "Drainage Criteria Manual for
Harris County, Texas" and the requirements of the City of La Porte.
5.7 LOCA nON OF STORM SEWER
5.7.1 Public storm sewers shall be located within a public street right-of-way or a storm sewer
easement, dedicated to the public and adjoining a public street right-of-way. Storm sewers
through side lot drainage easements are highly discouraged. Limited use may be approved at
the discretion of the City Engineer. If approved, a minimum twenty-foot (20') wide easement
is required (10' on each lot).
5.7.2 Recommended alignment within a public street right-of-way.
A. Boulevard pavement section with median - along centerline of the right-of-way.
B. Undivided pavement section five feet (5') inside the right-of-way. For all storm sewer
located in a public street right-of-way, a minimum of two-foot (2') shall be maintained
inside the right-of-way line to the outside edge of the storm sewer unless otherwise
accompanied by an adjacent easement.
C. Alternate locations for a storm sewer will be permitted by the City Engineer.
5.7.3 Recommend alignment within an exclusive storm sewer easement.
A. Storm sewers placed in easements shall conform to the requirements of Section 2.4.5
B. Storm sewers within easements shall be placed no closer than five feet (5') measured
from the outside edge of the pipe to the edge of an easement, except when adjoining
another easement or public right-of-way where the distance may be reduced to two feet
(2'). The storm sewer shall be placed in the center of the easement. When the storm
sewer easement adjoins a public right-of-way, the easement may be reduced to a
minimum often feet (10') and the storm sewer may be aligned close to the right-of-way
line, as long as required clearances are met, with specific approval of the City Engineer.
Stonnwater Criteria 9 of 12
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5.8 STORM SEWER MATERIALS
5.8.1 Storm sewer and culvert pipe shall be precast reinforced concrete pipe, unless specifically
approved by the City Engineer. Concrete pipe shall be manufactured in conformance with the
requirements of ASTM C 76, "Reinforced Concrete Culvert, Storm Drain, and Sewer Pipe",
current revision. Reinforced concrete pipe shall be Class III or stronger. The design engineer
shall provide for increased pipe strength when conditions of the proposed installation exceed
the allowable load for Class ill pipe. All concrete pipe constructed in water-bearing soil or
forty-tow inches (42") in diameter or larger, shall have rubber gasket joints meeting the
requirements of ANSIJASTM C 443, "Joints for Circular Concrete Sewer and Culvert Pipe,
Using Rubber Gaskets", current revision. Concrete pipe with a diameter of less than forty-two
inches (42") may be installed using pipe with tongue and groove type joint and Ram-nele, or
approved equal, as a joint filler. When specifically approved by the City Engineer, reinforced
concrete arch and elliptical pipe conforming to ASTM C506 and C507, respectively, current
revision, may be installed in lieu of circular pipe. Reinforced concrete box culverts shall meet
the minimum requirements of ASTM C789, "Precast Reinforced Concrete Box Sections for
Culverts, Storm Drains, and Sewers", current revision. Pipe joints for arch and elliptical pipe
and box culverts shall be sealed using Ram-nek or approved equal.
5.8.2 Storm sewer outfalls into open channels shall be constructed using conugated steel pipe.
Corrugated steel pipe shall be manufactured in conformance with the requirements of
AASHTO Designation M-36-82, current revision. Pipe material shall be Aluminized Steel
Type 2, meeting the requirements of AASHTO Designation M-274-79I, current revision, or
Pre-coated Galvanized Steel, AASHTO M-246, 10 mil coating on both sides. All pipe shall
have a full double coating, Type A, in accordance with AASHTO Designation M-190, current
revision. Pipe joints and fittings shall meet the minimum requirements of these specifications
and shall have an O-ring gasket seal meeting the requirements of AASHTO C-361, current
revision. (See the City of La Porte Construction Details).
5.8.3 Storm sewer outfalls shall have slope protection to prevent erosion. Slope protection may be
constructed of slope paving or rip rap. Slope paving shall be four-inch (4") five (5) sack
concrete with six-inch by six-inch (6" x 6") welded wire mesh (W14 x W14) or three eighths
inch (3/8") steel rebar on twenty-four-inch (24") centers, each way. Rip rap shall be a
minimum of six-inch (6") broken concrete rubble with no exposed steel or well-rounded stone
and shall be a minimum of eighteen inches (18") thick. Slope protection texturing shall be
required where public access likely. Refer to the Construction Details for minimum
dimensions.
5.9 ADDITIONAL REQUIREMENTS
5.9.1 Minimum depth of a storm sewer (measured to the top of pipe) shall be twenty-four inches
(24") below the top of curb or finished grade, whichever is lower. Minimum size storm sewer
for main and inlet lead shall be eighteen inch (18").
5.9.2 Storm sewers shall be bedded using cement stabilized sand (See specification in Section 4.2.3)
as shown in the City of La Porte Construction Details.
5.9.3 Pipe requirements.
Stonnwater Criteria 10 of 12
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A. Reinforced concrete pipe installed at a depth greater than thirty feet (301) shall be
designed by the engineer for the specific installation and approved by the City Engineer,
Reinforced concrete pipe shall be designed in accordance with the American Concrete Pipe
Association, "Concrete Pipe Design Manual", Maximum cover on the pipe shall be measured
from the top of pipe to the ultimate finished grade or natural ground, whichever is greater.
C. Corrugated steel pipe shall have a minimum thickness as follows:
PIPE SIZE
(Inches) Corrugations (Inches
242-2/3" X 1/2"
30- 482-2/3" X 1/21
54- 723'tX 1" or 511 X 1"
78- 102311 XI" or 5" XI"
MINIMUM nnCKNESS
0.052
0.064
0.064
0.079
Bedding for corrugated steel pipe shall be cement-stabilized sand. Corrugated steel
pipe less than or equal to fifty-four inches (54") in diameter and less than thirty feet
(30') deep shall have the minimum thickness given above.
D. Design storm flow in a street shall not exceed the capacity of the street, for the water
surface equal to the top of curb and shall not exceed the inlet capacity. Design storm
flow shall meet Harris County criteria.
E. All bridges must be a minimum of eighteen inches (18") above the IOO-year water
surface elevation or in accordance with the Federal Emergency Management Agency
(F. E. M. A.) regulations, latest revisions, or HCFCD requirements, whichever is
greater.
5.9.4 Storm sewers less than forty-two inches (42") in diameter shall be constructed on a straight
horizontal and vertical alignment between manholes. Storm sewers greater than or equal to
forty-two inches (42") in diameter may be laid along a curve using manufactured bends of less
than or equal to 11 1/4'.
5.10 APPURTANCES
5.10.1 Manholes
A. Manholes shall be placed at all changes in alignment, grade and size of the storm
sewers; at the intersection of two or more storm sewers; at all inlet leads; and at the end
of all storm sewers.
B. Maximum spacing between manholes shall be six hundred feet (600')
C. Manhole covers shall be cast iron, traffic bearing, type ring and cover with the words
"storm sewer" cast into the cover.
Stonnwater Criteria 11 of 12
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5.10.2 Inlets
A. Curb inlets shall be spaced and sized to intercept the calculated runoff for the design
storm. The water surface elevation at the inlet shall be less than or equal to the top of
curb for the design storm flow.
B. Maximum travel distance of water in the street to a curb inlet shall be three hundred feet
(300') on a major thoroughfare and in a commercial area. The maximum travel distance
of water in the street permitted in a single-family residential area shall be four hundred
feet (400').
C. No Valley Gutter without prior approval.
D. Curb inlets should be located on the intersecting side street at intersections with a major
thoroughfare. The City Engineer shall specifically approve locations at intersections.
E. Grated inlets will not be permitted in an open ditch.
F. Backslope swale interceptors shall be placed in accordance with the requirements of
Harris County.
G. Curb inlets shall have solid inlet lids. Grate or Curb and Grate inlets shall not be
allowed for residential subdivisions. Curb inlets shall be recessed, unless otherwise
directed by the City Engineer.
H. Backfill around inlets and to top of first stage inlet with cement stabilized sand.
Stormwater Criteria 12 of 12
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City of La Porte
.
Intensity ys. Time of Concentration Ys. Rainfall Frequency
(IDF Curves)
Source: Hydro 3SITP-40
- .
100
S'
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----
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Time of Concentration, TC (minutes)
In ten sity,; = b FIGURE 1
(d+ TC)B
Rainfall Frequency b d e
2-year 75.01 16.2 0.8315
3-year 77.27 17.1 0.8075
5-year 84.14 17.8 0.7881
10-year 93.53 18.9 0.7742
25-year 115.9 21.2 0.7808
100-year 125.4 21.8 0.7500
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 9/27/99
Requested By: Jeff Litchfield
Department: Finance
_ Report -----X..- Resolution _ Ordinance
Exhibits: Resolution Amending Authorized Representatives of the City of La Porte
SUMMARY & RECOMMENDATION
The Public Funds Investment Act (pFIA) of 1987 requires that governing bodies designate by rule, order, ordinance, or
resolution, as appropriate, one or more officers or employees of the entity to be responsible for the investment of its funds
consistent with the investment policy adopted by the entity.
The City of La Porte currently recognizes the Assistant City ManagerlFinance, Assistant Finance Director, and Cash
Manager as Investment Officers. Because our Cash Manager has resigned from employment with the City of LaPorte
effective October 1, 1999, we need to amend previous resolutions authorizing representatives to reflect this change.
During the transition period, the Assistant City ManagerlFinance and Assistant Finance Director will perform
transactions for the City of La Porte with the two investment pools, TEXPOOL and LOGIC
With the exodus of the Cash Manager, it is critical that we have these authorizations in place until we bring a replacement
on board. Both of these individuals have received the required training as mandated by the PFIA. At that time we will
further amend this resolution to add that individual's name and signature.
Action Required by Council: Approval of Resolutions Amending Authorized Representatives
Availability of Funds:
General Fund Water/Wastewater
_ Capital Improvement_ General Revenue Sharing
Other
Account Number: N/ A
Funds Available: YES NO
e
RESOLUTION 99-3.3
e
RESOLUTION AMENDING AUTHORIZED REPRESENTATIVES
WHEREAS, City of LaPorte (Participant) is a local government of the State of Texas and is empowered to
delegate to a public funds investment pool the authority to invest funds and to act as custodian of investments
purchased with local investment funds; and
WHEREAS, it is in the best interest of the Participant to invest local funds in investments that provide for the
preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act; and
WHEREAS, the Local Government Investment Pool (ilLOGIC"), a public funds investment pool, was created
on behalf of entities whose investment objective in order of priority are preservation and safety of principal,
liquidity, and yield consistent with the Public Funds Investment Act.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
A. That the individuals, whose signatures appear below, are authorized representatives of the Participant and
are each hereby authorized to transmit funds for investment in LOGIC and are each further authorized to
withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed
necessary or appropriate for the investment of local funds.
List of the authorized representatives of the Participant. These individuals will be issued P.I.N. numbers.
Name: Jeff F. Litchfield
Signature
Name: Cynthia B. Alexand
Signature
The Authorized Representative with primary responsibility for performing transactions and receiving
confirmations and monthly statements under the Participation Agreement is Cynthia Alexander.
B. That this resolution and its authorization shall continue in full force and effect until amended or revoked by
the Participant, and until LOGIC receives a copy of any such amendment or revocation.
PASSED AND APPROVED this the 27th day of September 1999.
. ATT~ST~.. t. .:
:J~ ;I.~ l~l,~(,-j}fL\fn lilt-,
Martha Gillett, City Secretary
'.
RESOLUTION 99-P.
RESOLUTION AMENDING AUTHORIZED REPRESENTATIVES
e
e
WHEREAS, City of LaPorte (Participant) is a local government of the State of Texas and is empowered to
delegate to a public funds investment pool the authority to invest funds and to act as custodian of investments
purchased with local investment funds; and
WHEREAS, it is in the best interest of the Participant to invest local funds in investments that provide for the
preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act; and
WHEREAS, the Texas Local Government Investment Pool ("TEXPOOL"), a public funds investment pool, was
created on behalf of entities whose investment objective in order of priority are preservation and safety of
principal, liquidity, and yield consistent with the Public Funds Investment Act.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
A. That the individuals, whose signatures appear below, are authorized representatives of the Participant and
are each hereby authorized to transmit funds for investment in TEXPOOL and are each further authorized to
withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed
necessary or appropriate for the investment of local funds.
List of the authorized representatives of the Participant. These individuals will be issued P.I.N. numbers.
Name: Jeff F. Litchfield
Signature
i e: ssistant City Manager/Finance
Name: Cynthia B. Alexan er
Signature
The Authorized Representative with primary responsibility for performing transactions and receiving
confirmations and monthly statements under the Participation Agreement is Cynthia Alexander.
B. That this resolution and its authorization shall continue in full force and effect until amended or revoked by
the Participant, and until TEXPOOL receives a copy of any such amendment or revocation.
PASSED AND APPROVED this the 27th day of September 1999.
CITY OF LA PORTE, TEXAS
~~d~
orman Malone, ayor
I
"
APP~:. ~
V~~~?-
Knox Askins, City Attorney
e
.
Agenda Date Requested:
Requested By: Doug Kneuppe
X Report
Exhibits:
1.
2.
3.
4.
REOUE' FOR CITY COUNCIL AGENDA 11M
1999
Department: Planning
Resolution
Ordinance
Public Hearing Notices
Letter of Recommendation from Planning and Zoning Commission
Special Conditional Use Permit
Area Map
Summa" & Recommendation
The Planning & Zoning Commission, during its August 19, 1999, meeting, held a public hearing to receive citizen
comments regarding Special Conditional Use Permit Request #SCU99-003. The request, submitted by David Boothe,
seeks approval to develop a mini-storage warehouse at 2915 North 23rd Street. The applicant is proposing a mini-storage
warehouse on 6.130 acres out ofa 19.982 acre tract ofland being portions of Blocks 692, 693, 694, 695 and all of Blocks
710, 711, 712, and 713 of the T. W. Lee Subdivision as recorded in Volume 67. Page 1 of the Deed Records of Harris
County, Texas.
The tract is abutted on the south by West Main Street, on the east by a 300 ft. wide utility easement along the Union
Pacific Railroad (UPRR), on the west by 23rd Street, and on the north by the City's Public Works facility. The zoning
designation of the property falls under three categories: General Commercial (GC), Business Industrial (BI), and Light
Industrial (LI). Mini-Storage Warehousing (SIC #4225) per Code of Ordinances is classified as a Conditional Use in' GC
zone.
As proposed, the development would have minimal impact on the surrounding area. The transportation system should
adequately accommodate through traffic and continue to provide for free flow of people, goods, and services. The existing
roads are adequate to support the said project. The proposed development is in conformance with the City' Development
Ordinance and the Thoroughfare Plan. As presented, the request is compatible with the intents of the Comprehensive Plan.
It will not be injurious to the use, enjoyment or value of the surrounding properties.
12 notices of public hearing were mailed to surrounding property owners. No response was received in this regard.
The Planning and Zoning Commission, by unanimous vote, has recommended approval of Special Conditional Use Permit
#SCU99-003 with the following conditions:
1. A formal minor development site plan, prepared in accordance with the requirements of Development
Ordinance 1444, shall be submitted for review and approval by staff prior to obtaining permits for
construction of this facility.
2. Special Conditional Use Permit is specifically limited to Phase I, Mini-Storage Warehouse (SIC # 4225).
3. The applicant shall pay the public hearing costs $108.85.
Action Required bv Council:
1. Conduct public hearing.
2. Consider approval of Special Conditional Use Permit #SCU99-003
Availability of Funds: N/A
Approved for City Council Agenda
6~ T. ~
Robert T. Herrera
City Manager
cr ,,(r~ JfI1
Date
1200 Hwy. 146
Suite 180
P.O. Box '414
e
The
County of Harris
State of Texas
e
La Porte. Texas 77571
(713) 471.1234
Sun
THE STATE OF TEXAS
-
COUNTY pF HARRIS
CITY OF LA PORTE
NOTICE OF PUeUc HEARING
In accordance with the provi.
sions of Section 106.171 of the Code of
Ordinances of the City of La Porte. and
the Provisions of the Texas Local Gov.
emment Code, notice is hereby give';
that the La Porte Planning arid Zoning
Commission' will conduct a public hearing
at 6:00 P.M. 'on th8 19th day of Augu.t,
1999, in the Council Chambers of the
City Hall, 604 West Fairmont ParkWay,
" La Porte, Texas. The purpose of this
hearing is to consider Special Condition
" Use Permit Request SCU 99-003, which
has been. ested for a 19.982 Acre
Tract of I p of e Richard Pearsali
1/3 Leagu st Number 625, also
being porti of ks 692. E3' 694,
695, and . 8/0 7, 0, 7", 12, and
713 of e lvisl as re-
corded in Volum 7, a 1 of e Deed
~ / _oIHa. u .To .Th.
V. property adjacef\t to: . ic Works facili~'
.' . of the City of La Po r. David Boothe
-- jr (] (, ,I)L(( Q}ff 01 Lend..... ,_. ,. .._ eppro'
V val of a permit for the development of a
Karolyn Kellogg mini warehouse! storage facility (SIC
#4225). Mini warehousing is classified as
Authorized Representative Condition lIs!, in a General Commerci~
(GC) zone.
Before me, the undersigned authority, on this date
. came and appeared Karolyn Kellogg, a duly authorized
representative of The Bayshore Sun, a s611i-\<leekly
newspapers published and generally distributed in the
City of La Porte, F..arris County, Texas, and who after
being duly sworn, says the attached notice was
published in The Bayshore Sun dated August aI, 1999 .
S\-JOrn and subscribed before me this
~~
/ t 7 H day of
1999.
. A regular meeting of the Plao-'
ning and Zoning Commission will follow
the public hearing. for the purpose of act-
ing upon the public hearing items and to
conduct other matter pertaining to Com-
mission.
~ . . .
. '. ' CItizens wishing to addreSs the
. . commission pro or con during the Public
, . 1. L.~ - _ wi' be _'''' '" oign"_"
the meeting Is 'convened. .
Sandra E. Bumgarner
Notary Public
Harris County, Texas
CITY OF LA PORTE
Martha Gillett
City Secretary
-
1200 Hwy. 146
Suite 180
P.O. Box 1414
County of Harris
State of Texas
It . ::.",'.
'Voice I~~~:nce 1947'
~':.:q::'<;:!t';""~
e
.~...~;.:\ .
Before me, the undersigned authority, on this date
. came and appeared Karolyn Kellogg, a duly authorized
representative of The Bayshore Sun, a s6"'li-~leekly
newspapers published and generally distributed in the
City of Ia Porte, P..arris County, Texas, and who after
being duly sworn, says the attached notice was
published in The Bayshore Sun dated Septanber 12, 19.99
~M4;/-;jIUoJ1
Karolyn Kellogg
Authorized Representative
La Porte. Texas 77571
(713) 471.1234
I
THE STATE OF TEXAS
COUNTYOFHARRIS ".'
CITY OF LA PORTE
THE NOTICE OF PUBLIC HEARING
. In accordance with provisions
of Seclion 106-171 of Ihe Code of Ordi-
nan~e~ of the City of. La Porte.. and the
PrOVISions of the Texas Local Govern-
ment Code. no.tice is h~reby given that
the La Porte City Council will conduct a
public hearing at 6:00 P.M'-on .tf1e-27th
day of September, 1999, in the Council
Chambers of the City Hal~ 604 W. Fair-
mont Parkway, La Porte, Texas. The pur-
pose of this hearing'ls to consider a Spe-
cial Condition Use Pennit 'Req!Jest #
SCU99-003, which has been requested
for a 19.982 acre tract of land part of the
Richard Pearsall 1/3 League. Abstract
Number 625, also being portions of
Blocks 692, 693, 694, 965 and all of
Blocks 710, 711, .712, and 713 of the
T.W. Lee Subdivision as recorded in Vol-
ume 67, Page 1 of Deed Records of
Harris Co ty, Tex '. The property is lo-
cated so f Pu Works facility of the
City of a ort .Mr. David Boothe of
LandmarJ( n r. ts,' seeki approval
of a permit for. e op t of a Mini-
Storage W h~ I 4225). Mini .
Storage W eho sin classified as a
Condition Use nera! Commercial
(GC) zo!,e.
A regular meeting of the ciiy
Council will follow the public hea~ng klr
the purpose of acting upon the public
hearing items and to conduct other mat-
ters pertaining to the Council.
~rn and subscribed before me this / & I'll day of
~ ,1999.
I Citizens wishing to address the
~ 1 ~ Council pro or con during the Public
Hearing will be required to sign in beforE!
,-' 0'-" th~.mee~ngiS~OnVened. '. ":""':'~~~l~
. 'i~
Sandra E. Bumgarner . CITY. OF LA PORTE" j... JW:.
Notary Public Martha Gillett . A-.i
Harris COunty, Te.,<:as City Secre~ry' . ::' ;i'
';
~~~.~
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City of La Porte
Established 1892
August 20, 1999
Honorable Mayor Norman Malone and City Council
City of La Porte
Dear Mayor Malone:
The La Porte Planning and Zoning Commission, during its regular meeting on
August 19, 1999, held a public hearing to consider Special Conditional Use
Permit Request #SCU99-003. The request, submitted by Mr. David Boothe,
seeks approval to develop a mini-storage warehouse to be located at 2915 North
23rd Street south of the Public Works facility of the City of La Porte. Mini-Storage
warehousing (SIC #4225) per the Code of Ordinances is classified as a
Conditional Use in General Commercial (GC) zones.
The Planning and Zoning Commission has, by unanimous vote, recommended
that City Council consider an approval of Special Conditional Use Permit
#SCU99-003.
Respectfully Submitted,
.V~
Betty . 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
[~.l). Rill( 1115 · La I\lrre. Texas 77572-1115 · (713) 471-5020
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.
City of La Porte
Special Conditional Use Permit
Permit # SCU #99-003
This permit is issued to:
David Boothe
Owner or Agent
706 Sharon Ln. Baytown, TX 77521
Address
For Development of:
Mini-Storage Warehouse
Development Name
2915 North 23rd Street, La Porte
Address
Legal Description:
6.130 acres, Pts. Of Blocks 692-695 & all Blocks 710-713
T.W. Lee subdivision, Vol.67, Pg. 1 , D. R. H. C.
Zoning:
General Commercial
Permit Conditions:
1. A minor development site plan prepared in accordance with the requirements of the
Development Ordinance 1444 shall be submitted for review and approval by the City.
2. Special Conditional Use Permit is specifically limited to Phase I. (Mini-Storage Warehouse)
3. The applicant shall pay the public hearing costs $108.85.
Failure to begin construction within one (1) year after issuance or as scheduled under the
terms of a special conditional use pennit shall void the pennit as approved, except upon an
extension of time granted after application to the Planning and Zoning Commission.
If construction is tenninated after the completion of any stage and there is ample evidence that
further development is not contemplated the ordinance establishing such special conditional
use pennit 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.
Validation Date: 9/27/99
4~W-- /0-1-5-91
Direct of a g
'- Il:::z
."
CITY OF LA PORTE
PUBUC WORKS
DEPARTMENT
"I'//////////"/////~
. 2815 PROPOSED MINI-STOAAGE WAREHOU
~ (PROP. DEVELOPMENT 6.130 ACI
t t L-I-
~ (TOTAL ACREAGE = 19.982 ACR
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~ G-C FUTURE DEVELOPMENT
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FEDEAAL OF TEXAS
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: September 27,1999
Requested By: Doug Kneup~ Department: Planning
Report Resolution X Ordinance
Exhibits:
Ordinance
Industrial District Agreement
Area Map
Summary & Recommendation
Bayport North Industrial Park, LP has recently purchased approximately 156 acres along
Fairmont Parkway in the City's Bayport Industrial District with the idea of developing a high
quality, restricted, Industrial Park. The local partner in this venture is Sunbelt Commercial
Builders, Inc. out of Houston and this particular development team has previously developed an
industrial project at the north end of Underwood Road within our City limits known as the
Battleground Industrial Park.
The developer's intent here is to provide land-use restrictions, generous setbacks (greater than
or equal to our typical zoning ordinance requirements), berming, and landscaping along
Fairmont Parkway. Covenants and Restrictions will be filed with the county clerk and will Urun
with the land". A property owner's association will be created that will provide for maintenance
of the landscaping and common areas. Lastly, the development will include all the infrastructure
of a typical development (i.e., streets, drainage, water and sewer). Maintenance of the streets
and drainage will be the responsibility of the County. The water line, if approved, will be the
City's responsibility, and the sewer system will be private and maintained by the property
owners. Upon completion of the infrastructure improvements, tracts of land will be sold to
companies and individuals who will develop the lots into industrial type businesses.
At this time the developer is seeking approval of an Industrial District Agreement and a Utility
Extension Agreement for water. The Industrial District Agreement is required by Council's
established policy for providing water and/or sewer service to companies outside the city limits.
The Utility Extension Agreement provides for the installation of an 8" water line and fire hydrants
throughout the development. The developer will not enter into a Water Service Agreement with
the City. Instead, as the tracts of land are sold and developed, individual companies will be
coming to the City requesting approval of Water and Sewer Service Agreements. Previously,
for a similar situation, Council directed staff to include provisions requiring the developer to
notify potential property owners of the City's policies on Water and Sewer Service outside the
city limits. That provision has been included in the proposed Utility Extension Agreement, which
is a separate agenda item. For this project, no City funds will be required for this water line
installation.
Action Required bv Council
Consider approval of an ordinance authorizing the City to enter into an Industrial District
Agreement with Bayport North Industrial Park, L.P.
Date
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ORDXNANCE NO. 93-XDA-54
AN ORDXNANCE AUTHORXZXNG THE EXECUTXON BY THE CXTY OF LA PORTE OF
AN XIfDUSTRXAL DXSTRXCT AGREEMENT WXTH BAYPORT NORTH XNDUSTRXAL
PARK, L.P., FOR THE TERM COMMENCING JANUARY 1, 2000, AND ENDXNG
DECEMBER 31, 2000; MAKXNG VAIUOUS FINDINGS AND PROVXSIONS RELATXNG
TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETXNGS LAW; AND
PROVXDXNG AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. BAYPORT NORTH INDUSTRIAL PARK, L.P. has executed
an industrial district agreement with the City of La Porte, for the
term commencing January 1, 2000, and ending December 31, 2000, a
copy of which is attached hereto, incorporated by reference herein,
and made a part hereof for all purposes.
section 2. The Mayor, the City Manager, the City Secretary,
and the City Attorney of the City of La Porte, be, and they are
hereby, authorized and empowered to execute and deliver on behalf
of the City of La Porte, the industrial district agreement with the
corporation named in section 1 hereof.
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 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.
e
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ORDINANCE NO. 93-IDA-S4
PAGE 2
section 4. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
PASSED AND APPROVED, this ~~day of ~~8~
, 1999.
CITY' OF LA PORTE
By:4e~~.4-
rman L. Malon ,
Mayor
/.f
APP~9VE1J) ~ //,'-
t2;;d a (ce:;f~
Knox W. ASkins,
City Attorney
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NO. 93-IDA-54 {
{
STATE OF TEXAS {
{
COUNTY OF HARRIS {
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal corporation of Harris County,
Texas, hereinafter called "CITY", and BAYPORT NORTH INDUSTRIAL
PARK, L.P., a ~~~~~ limited partnership, hereinafter
called "COMPAN ",
WIT N E SSE T H:
WHEREAS, it is the established policy of the City Council of
the City of La Porte, Texas, to adopt such reasonable measures from
time to time as are permitted by law and which will tend to enhance
the economic stability and growth of the City and its environs by
attracting the location of new and the expansion of existing
industries therein, and such policy is hereby reaffirmed and
adopted by this City Council as being in the best interest of the
City and its citizens; and
WHEREAS, pursuant to its policy, City has enacted Ordinance
No. 729, designating portions of the area located in its
extraterritorial jurisdiction as the "Battleground Industrial
District of La Porte, Texas", and Ordinance No. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the "Bayport Industrial District of La Porte, Texas",
hereinafter collectively called "District", such Ordinances being
in compliance with the Municipal Annexation Act of Texas, codified
as section 42.044, Texas Local Government Code; and
WHEREAS, Company is the owner of land within a designated
Industrial District of the City of La Porte, said land being
legally described on the attached Exhibit "A" (hereinafter "Land") ;
and said Land being more particularly shown on a plat attached as
Exhibit "B", which plat describes the ownership boundary lines; a
site layout, showing all improvements, including pipelines and
railroads, and also showing areas of the Land previously annexed by
the City of La Porte; and
WHEREAS, City desires to encourage the expansion and growth of
industrial plants within said Districts and for such purpose
desires to enter into this Agreement with Company pursuant to
Ordinance adopted by the City Council of said City and recorded in
the official minutes of said City:
NOW, THEREFORE, in consideration of the premises and the
mutual agreements of the parties contained herein and pursuant to
the authority granted under the Municipal Annexation Act and the
Ordinances of City referred to above, City and Company hereby agree
with each other as follows:
Revised: October 22, 1993
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I.
City covenants, agrees and guarantees that during the term of this
Agreement, provided below, and subject to the terms and provisions
of this Agreement, said District shall continue to retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the Land belonging to Company and its
assigns, unless and until the status of said Land, or a portion or
portions thereof, as an industrial district may be changed pursuant
to the terms of this Agreement. Subject to the foregoing and to
the later provisions of this Agreement, City does further covenant,
agree and guarantee that such industrial district, to the extent
that it covers said Land lying within said District and not now
within the corporate limits of City, shall be immune from
annexation by city during the term hereof (except as hereinafter
provided) and shall have no right to have extended to it any
services by City, and that all Land, including that which has been
heretofore annexed, shall not have extended to it by ordinance any
rules and regulations (a) governing plats and subdivisions of land,
(b) prescribing any building, electrical, plumbing or inspection
code or codes, or (c) attempting to exercise in any manner whatever
control over the conduct of business thereon; provided, however, it
is agreed that City shall have the right to institute or intervene
in any administrative and/or judicial proceeding authorized by the
Texas Water Code, the Texas Clean Air Act, the Texas Health &
Safety Code, or other federal or state environmental laws, rules or
regulations, to the same extent and to the same intent and effect
as if all Land covered by this Agreement were not subject to the
Agreement.
II.
In the event that any portion of the Land has heretofore been
annexed by City, Company agrees to render and pay full City ad
valorem taxes on such annexed Land and improvements, and tangible
personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended), the
appraised value for tax purposes of the annexed portion of Land,
improvements, and tangible personal property shall be determined by
the Harris County Appraisal District. The parties hereto recognize
that said Appraisal District has no authority to appraise the Land,
improvements, and tangible personal property in the unannexed area
for the purpose of computing the "in lieu" payments hereunder.
Therefore, the parties agree that the appraisal of the Land,
improvements, and tangible personal property in the unannexed area
shall be conducted by City, at City's expense, by an independent
appraiser of City's selection. The parties recognize that in
making such appraisal for "in lieu" payment purposes, such
appraiser must of necessity appraise the entire (annexed and
unannexed) Land, improvements, and tangible personal property.
Nothing herein contained shall ever be interpreted as lessening the
authority of the Harris County Appraisal District to establish the
appraised value of Land, improvements, and tangible personal
property in the annexed portion, for ad valorem tax purposes.
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III.
A. On or before April 15, 1994, and on or before each April 15th
thereafter, unless an extension is granted in accordance with the
Texas Property Tax Code, through and including April 15, 2000,
Company shall provide City with a written description of its Land
and all improvements and tangible personal property located on the
Land as of the immediately preceding January 1st, stating its
opinion of the Property's market value, and being sworn to by an
authorized officer of the Company authorized to do so, or Company's
duly authorized agent, (the Company's "Rendition"). Company may
file such Rendition on a Harris County Appraisal District rendition
form, or similar form. The properties which the Company must
render and upon which the "in lieu of" taxes are assessed are more
fully described in subsections 1, 2, and 3 of subsection D, of this
Paragraph III (sometimes collectively called the "Property"). A
failure by Company to file a Rendition as provided for in this
paragraph, shall constitute a waiver by Company for the current tax
year, of all rights of protest and appeal under the terms of this
Agreement.
B. As part of its rendition, Company shall furnish to City a
written report of the names and addresses of all persons and
entities who store any tangible personal property on the Land by
bailment, lease, consignment, or other arrangement with Company
("products in storage"), and are in the possession or under the
management of Company on January 1st of each Value Year, further
giving a description of such products in storage.
C. On or before the later of December 31, 1994, or 30 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 2000, Company
shall pay to City an amount "in lieu of taxes" on Company's
Property as of January 1st of the current calendar year ("Value
Year").
D. Company agrees to render to City and pay an amount "in lieu of
taxes" on Company's Land, improvements and tangible personal
property in the un annexed area equal to the sum of:
1. (a) Fifty percent (50%) of the amount of ad valorem
taxes which would be payable to City if all of the
Company's Land and improvements which existed on
January 1, 1994, January 1, 1995, and January 1,
1996, had been within the corporate limits of City
and appraised each year by City's independent
appraiser; and
(b) Fifty-three percent (53%) of the amount of ad
valorem taxes which would be payable to City if all
of the Company's Land and improvements which
existed on January 1, 1997, January 1, 1998,
January 1, 1999, and January 1, 2000, had been
within the corporate limits of City and appraised
each year by City's independent appraiser; and
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2. (a) On any Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) dedicated to new
construction, in excess of the appraised value of
same on January 1, 1993, resulting from new
construction (exclusive of construction in
progress, which shall be exempt from taxation), for
each Value Year following completion of
construction in progress, an amount equal to Thirty
percent (3 0%) of the amount of ad valorem taxes
which would be payable to City if all of said new
construction had been within the corporate limits
of City and appraised by City's independent
appraiser.
(b) A Substantial Increase in value of the Land and
improvements as used in subparagraph 2{a) above, is
defined as an increase in value that is the lesser
of either:
i. at least Five percent (5%) of the total
appraised value of Land and improvements, on
January 1, 1993; or
ii. a cumulative value of at least $3,500,000.00.
For the purposes of this Agreement, multiple
projects that are completed in a Value Year can be
cumulated to arrive at the amount for the increase
in value.
(c) If existing property values have depreciated below
the value established on January 1, 1993, an amount
equal to the amount of the depreciation will be
removed from this calculation to restore the value
to the January 1, 1993, value; and
3. (a) Fifty-percent (50%) of the amount of ad valorem
taxes which would be payable to City on all of the
Company's tangible personal property of every
description, including, without limitation,
inventory, oil, gas, and mineral interests, items
of leased equipment, railroads, pipelines, and
products in storage located on the Land, if all of
said tangible personal property which existed on
January 1, 1994, January 1, 1995, and January 1,
1996, had been within the corporate limits of City
and appraised each year by the City's independent
appraiser;
(b) Fifty-three percent (53%) of the amount of ad
valorem taxes which would be payable to City on all
of the Company's tangible personal property of
every description, including, without limitation,
inventory, oil, gas, and mineral interests, items
of leased equipment, railroads, pipelines, and
products in storage located on the Land, if all of
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said tangible personal property which existed on
January 1, 1997, January 1, 1998, January 1, 1999,
and January 1, 2000, had been within the corporate
limi ts of ci ty and appraised each year by the
City's independent appraiser.
wi th the sum of 1, 2 and 3 reduced by the amount of City's ad
valorem taxes on the annexed portion thereof as determined by
appraisal by the Harris County Appraisal District.
IV.
This Agreement shall extend for a period beginning on the 1st day
of January, 2000, and continuing thereafter until December 31,
2000, unless extended for an additional period or periods of time
upon mutual consent of Company and Ci ty as provided by the
Municipal Annexation Act; provided, however, that in the event this
Agreement is not so extended for an additional period or periods of
time on or before August 31, 2000, the agreement of City not to
annex property of Company within the District shall terminate. In
that event, City shall have the right to commence immediate
annexation proceedings as to all of Company's property covered by
this Agreement, notwithstanding any of the terms and provisions of
this Agreement.
Company agrees that if the Texas Municipal Act, Section 42.044,
Texas Local Government Code, is amended after January 1, 1994, or
any new legislation is thereafter enacted by the Legislature of the
State of Texas which imposes greater restrictions on the right of
City to annex land belonging to Company or imposes further
obligations on City in connection therewith after the annexation of
such land, Company will waive the right to require City to comply
with any such additional restrictions or obligations and the rights
of the parties shall be then determined in accordance with the
provisions of said Texas Municipal Annexation Act as the same
existed January 1, 1994.
v.
This Agreement may be extended for an additional period or periods
by agreement between City and Company and/ or its assigns even
though it is not extended by agreement between City and all of the
owners of all land within the District of which it is a part.
VI.
A. In the event Company elects to protest the valuation for tax
purposes set on its said properties by City or by the Harris County
Appraisal District for any year or years during the terms hereof,
nothing in this Agreement shall preclude such protest and Company
shall have the right to take all legal steps desired by it to
reduce the same.
Notwithstanding such protest by Company, Company agrees to pay to
City on or before the date therefor hereinabove provided, at least
the total of (a) the total amount of ad valorem taxes on the
annexed portions, plus (b) the total amount of the "in lieu of
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taxes" on the unannexed portions of Company's hereinabove described
property which would be due to City in accordance with the
foregoing provisions of this Agreement on the basis of renditions
which shall be filed by Company.
When the City or Harris County Appraisal District (as the case may
be) valuation on said property of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days thereafter Company
shall make payment to City of any additional payment due hereunder
based on such final valuation, together with applicable penalties,
interests, and costs.
B. Should Company disagree with any appraisal made by the
independent appraiser selected by City pursuant to Article II above
(which shall be given in writing to Company), Company shall, within
twenty (20) days of receiving such copy, give written notice to the
City of such disagreement. In the event Company does not give such
written notice of disagreement within such time period, the
appraisal made by said independent appraiser shall be final and
controlling for purposes of the determination of "in lieu of taxes"
payments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall also
submit to the City with such notice a written statement setting
forth what Company believes to be the market value of Company's
hereinabove described property. Both parties agree to thereupon
enter into good faith negotiations in an attempt to reach an
agreement as to the market value of Company's property for "in
lieu" purposes hereunder. If, after the expiration of thirty (30)
days from the date the notice of disagreement was received by City,
the parties have not reached agreement as to such market value, the
parties agree to submit the dispute to final arbitration as
provided in subparagraph 1 of this Article VI B. Notwithstanding
any such disagreement by Company, Company agrees to pay to City on
or before December 31 of each year during the term hereof, at least
the total of (a) the ad valorem taxes on the annexed portions, plus
(b) the total amount of the "in lieu" payments which would be due
hereunder on the basis of Company's valuations rendered and/or
submitted to City by Company hereunder, or the total assessment and
"in lieu of taxes" thereon for the last preceding year, whichever
is higher.
1. A Board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be
named by those two. In case of no agreement on this
arbitrator in 10 days, the parties will join in a written
request that the Chief Judge of the u.S. District Court
for the Southern District of Texas appoint the third
arbitrator who, (as the "Impartial Arbitrator") shall
preside over the arbitration proceeding. The sole issue
to be determined in the arbitration shall be resolution
of the difference between the parties as to the fair
market value of Company's property for calculation of the
"in lieu" payment and total payment hereunder for the
year in question. The Board shall hear and consider all
6
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,
relevant and material evidence on that issue including
expert opinion, and shall render its written decision as
promptly as practicable. That decision shall then be
final and binding upon the parties, subj ect only to
judicial review as may be available under the Texas
General Arbitration Act (Articles 224-238, Vernon's
Annotated Revised civil statutes of Texas). Costs of the
arbitration shall be shared equally by the Company and
the city, provided that each party shall bear its own
attorneys fees.
VII.
City shall be entitled to a tax lien on Company's above described
property, all improvements thereon, and all tangible personal
property thereon, in the event of default in payment of "in lieu of
taxes" payments hereunder, which shall accrue penalty and interest
in like manner as delinquent taxes, and which shall be collectible
by City in the same manner as provided by law for delinquent taxes.
VIII.
This Agreement shall inure to the benefit of and be binding upon
ci ty and Company, and upon Company's successors and assigns,
affiliates and subsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of the property
belonging to it within the territory hereinabove described, and the
agreements herein contained shall be held to be covenants running
with the land owned by Company situated within said territory, for
so long as this Agreement or any extension thereof remains in
force. Company shall give City written notice within ninety (90)
days, with full particulars as to property assigned and identity of
assignee, of any disposition of the Land, and assignment of this
Agreement.
IX.
If City enters into an Agreement with any other landowner with
respect to an industrial district or enters into a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is in effect, which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement. This
Paragraph shall not apply to any Court ordered extension of the
term of the Agreement ordered in Southern Ionics, Inc. vs City of
La Porte, civil Action H-89-3969, United states District Court,
Southern District of Texas.
X.
The parties agree that this Agreement complies with existing laws
pertaining to the subject and that all terms, considerations and
conditions set forth herein are lawful, reasonable, appropriate,
and not unduly restrictive of Company's business activities.
7
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without such agreement neither party hereto would enter into this
Agreement. In the event anyone or more words, phrases, clauses,
sentences, paragraphs, sections, articles or other parts of this
Agreement or the application thereof to any person, firm,
corporation or circumstances shall be held by any court of
competent jurisdiction to be invalid or unconstitutional for any
reason, then the application, invalidity or unconstitutionality of
such words, phrase, clause, sentence, paragraph, section, article
or other part of the Agreement shall be deemed to be independent of
and separable from the remainder of this Agreement and the validity
of the remaining parts of this Agreement shall not be affected
thereby.
XI.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said Land shall terminate.
ENTERED INTO effective the 1st day of January, 2000.
Phone: (713) 471-1886
Fax: (713) 471-2047
Address:pniJ .~>r-r~/1J( Pli/tJ,€ ~O
-p /! A~(Or'~, (Otff/;.L;- (.j'oS-as--
~F LA PORTE
By: ~
'NrmanL~-
Mayor
By: G.~ '\. \-\~
Robert T. Herrera
City Manager
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
8
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GF No.: 98010058C
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EXHIBIT "A"
Being 156.5 acres (6,816,954 square feet) of land situated in
the William M. Jones Survey, Abstract 482, and the George B.
Mckinstry League, Abstract 47, Harris County, Texas, and being
out of that 'certain 110.5334 acre tract of land conveyed.to Don
Tuffli, Trustee, by instrument recorded under File Number
T459129 and Film Code 523-01-2393 of the Harris County Official
Public Records of Real Property, and being out of that certain
45.59 acre tract of land conveyed to Don Tuffli, Trustee by
instrument recorded under File Number T459125 and Film Code
523-01-2366 of the Harris County Official Public Records of Real
Property, and also being out of that certain 232.63 acre tract
of land conveyed to Bayport Rail Leasing Corporation by
instrument recorded under File Number T371930 and Film Code
522-14-1158 of the Harris County Official Public Records of Real
Property; said 156.5 acres (6,816,954 square feet) of land being
more particularly described by metes and bounds as follows (all
bearings are referenced to the monumented northeast and
southeast corners of that certain 343.164 acre tract of land
conveyed to Chevron U.S.A., Inc. by instrument recorded under
File Number K333086 and Film Code 034-62-1148 of the Harris
County Official Public Records of Real Property):
COMMENCING at the northwest corner of said 343.164 acre tract,
same being the northwest corner of said 110.5334 acre tract and
same being the northwest corner of that certain 10.320 acre
tract of land conveyed to the Harris County Flood Control
District by instrument recorded under File Number K529266 and
Film Cpde 046-63-0384 of the Harris County Official Public
Records of Real Property, and being the intersection of the
centerline of that certain 60-foot wide Harris County Flood
Control District Easement, called Spring Gully, re~orded in
Volume 3699, Page 28 of the Harris County Deed Records with the
south right-of-way line of that portion of Fairmont Parkway,
based on 250 feet in width, conveyed as an easement to Harris
County, Texas, by instrument r~corded in Volume 3642, Page 41 of
the Harris County Deed Records;
THENCE N 86056'38" E 85.00 feet, with the south right-of-way.
line of said Fairmont Parkway, same being the north line of said
343.164 acre tract and the north line of said 110.5334 acre
tract, to a 5/8 inch iron rod set for the northeast corner of
said 10.320 acre tract and being the PLACE OF BEGINNING and the
northwest corner of the herein described tract of land;
THENCE N 86056'38" E 661.72 feet to an angle point in the south
right-of-way line of said Fairmont Parkway, same being the north
line of said 343.164 acre tract and the north line of said
Continued on next page
-1-
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110.5334 acre tract, and being an angle point in the north line
of this tract and from which Copperweld Rod 3171 bears N
57008'40" W 0.18 feet;
THENCE N 86053'08" E 980.68 feet, with the south right-of-way
line of said Fairmont.Parkway, same being the north line of said
343.164 acre tract and the north line of said 110.5334 acre
tract, to a 'point for the beginning of a curve in the north line
of this tract and from which Copperweld Rod 3172 bears N
07018'22" E 0.23 feet;
THENCE 905.95 feet, with the arc of a curve to the left in the
south right-of-way line of said Fairmont Parkway, same being the
north line of said 343.164 acre tract and the north line of said
110.5334 acre tract, whose chord bears N 82031'28" E 905.05 feet
and having a central angle of 08051'58" and a radius of 5854.58
feet, to a point for the end of the curve in the north line of
this tract and from which a Copperweld Rod (unmarked) bears N
68046'42" W 0.31 feet;
THENCE N 78006'05" E 87.85 feet, with the south right-of-way
line of said Fairmont Parkway, to a 5/8 inch iron rod found for
the northeast corner of said 343.164 acre tract, same being the
northeast corner of said 110.5334 acre tract, and being the
northeast corner of this tract and also being in the west line
of that certain 162.2695 acre tract of land, called Tract lA,'
conveyed to Lyondell Polymers Corporation by instrument recorded
under File Number M514702 and Film Code 169-66-0131 of the
Harris County Official Public Records of Real Property;
THENCE S 01055'43" E 2254.76 feet, with the west line of said
Tract 'lA, passing at 1871.08 feet the southeast' corner of said
110.5334 acre tract, same being the northeast corner of said
45.59 acre tract, to Copperweld Rod 3176 found for the northeast
corner of that certain 4.132 acre tract of land called Drill
Si te 17, conveyed to Exxon Land Development, Inc. .( formerly
Friendswood Development Company) by instrument recorded in
Volume 7946, Page 364 of the Harris County Deed Records, same
being a corner in the east line of said 343.164 acre tract, and
same being the most easterly southeast corner of said 45.59 acre
tract and also being the most easterly southeast corner of this
tract;
THENCE S 88004'17" W 360.00 feet, passing at 300.00 feet the
northwest corner of said Drill Site 17 from which Copperweld Rod
3177 bears S 01059'34" W 0.20 feet, to a 5/8 inch iron rod with
"Sunland" cap found for and interior corner of said 45.59 acre
tract and being an interior corner of this tract;
THENCE S 01055'43" E 523.78 feet, passing at 54.75 feet the
south line of said William M. Jones Survey, same being the north
Continued on next page
-2 -
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line of said George B. Mckinstry League, and passing at 420.27
feet a 5/8 inch iron rod with "Sunland" cap found for the most
southerly southeast corner of said 45.59 acre tract, same being
a corner in the north line of the residue of said 232.63 acre
tract, to a 5/8 inch iron rod set for the most southerly
southeast corner of this tract;
THENCE S 870'28'26" W 2225.09 feet, parallel to and 469 feet
southerly of the south line of said William M. Jones Survey,
same being the north line of said George B. Mckinstry League, to
a 5/8 inch iron rod set for the southwest corner of this tract
and being in the east line of said 10.320 acre tract;
THENCE N 03005'52" W 597.09 feet, passing at 102.55 feet the
south line of said 45.59 acre tract and passing at 469.02 feet
the said common survey line, to a 5/8 inch iron rod set for a
corner in the east line of said 10.320 acre tract and being a
corner in the west line of this tract;
THENCE S 89029'00" E 10.00 feet to a 5/8 inch iron rod set for a
corner in the east line of said 10.320 acre tract and being a
corner in the west line of this tract;
THENCE N 03005'52" W 2069.63 feet, passing at 306.03 feet the
north line of said 45.59 acre tract, same being the south line
of said 110.5334 acre tract, to the PLACE OF BEGINNING and \
containing 156.5 acres (6,816,954 square feet) of land.
.
,
-3-
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.
EXHIBIT "A-l"
TO AN INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE,
TEXAS, AND BAYPORT NORTH INDUSTRIAL PARK, L.P.
1. City and Company agree that the real property of Company, more
particularly described on Exhibit "A" of this Industrial District
Agreement, is presently unimproved, and unannexed to the City,
except for existing "strip" annexations, if any. City and Company
further agree that Paragraph I hereof is hereby amended, to provide
that during the term of this Industrial District Agreement, and for
such period of time that said real property remains unimproved,
that City will not annex said property; provided, however, City
reserves the right to conduct "strip" annexations as may be
required by law in connection with annexation of land other than
that owned by Company. Company agrees to render to City and to pay
as "in lieu of taxes" on Company's said unimproved land, an amount
equal to the sum of 100% of the amount of ad valorem taxes which
would be payable to City if all the hereinabove described property
of Company had been within the corporate limits of City and
appraised each year by City's independent appraiser.
2. The provisions of the preceding paragraph hereof shall remain
in full force and effect during the term of this Industrial
District Agreement; provided, however, at such time as Company
commences improvements to Company's hereinabove described real
property, Company shall be entitled to pay an amount "in lieu of
taxes" on Company's land, improvements, and tangible personal
property on the above described property, in accordance with
Paragraph III of this Industrial District Agreement.
3. Company agrees that the real property of Company herein
described shall not be used as a site for commercial hazardous
waste incineration, i.e., incineration of hazardous wastes
generated offsi te; provided, however, city does not waive its
rights reserved under Paragraph I of this agreement.
4. Except as amended by the terms and provisions of this Exhibit
"A-1" , the terms and provisions of the Industrial District
Agreement, to which this Exhibit "A-1" is attached, shall remain in
full force and effect for the term of this Agreement, expiring
December 31, 2000.
ENTERED INTO effective the 1st day of January, 2000.
BAYPORT NORTH INDUSTRIAL PARK, L. P.
By: FAIRMONT UNDERWOOD, INC.
Its G tPanner
~~
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By: r)on L. Tuffli, Its President.
//
Address: 2780 Skypark Drive, Suite 460
Torrance, CA 90505
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~ ontgomery & associates
.3 NORTHPOINT DRIVE. SUITE 100
HOUSTON. 'IDeAS. n060
PH. (281)260-8031; FAX. (281)260-8198
-
158 ACRE TUFFLI TRACT
PRELIMINARY SITE PLAN
AND ONE -LINE UTILITY SCHEMA TIC
DATE. DECEHBER 1<)<)0 JOB NUMBER 2<)01-01
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EXHIBIT B
e e
REQUEST'OR CITY COUNCIL AGEND~TEM
Agenda Date Requested: September 27,1999
Requested By: Doug Kneup~ Department: Planning
XX Report Resolution Ordinance
Exhibits:
Utility Extension Agreement
Project Description from Sunbelt Commercial Builders
\
Summary & Recommendation
Bayport North Industrial Park, lP has recently purchased approximately 156 acres
along Fairmont Parkway in the City's Bayport Industrial District with the idea of
developing a high quality, restricted, Industrial Park. A key component of the
development will be the ability for future purchasers to receive water and sewer service
from the City. The developer has been made aware of the City's policies regarding
utility service to industrial customers outside our city limits. Exhibit "B" of this Utility
Extension Agreement requires the developer to inform purchasers of property of these
City policies.
During development of our current policy for utility service outside our city limits, Council
discussed the need for beautification efforts and aesthetics where appropriate. Exhibit
"C" of this Agreement outlines some provisions that the developer will implement for
land-use control, Fairmont Parkway access control, landscaping, and a berm to provide
some visual screening.
At this time the developer is seeking approval of a Utility Extension Agreement that will
allow for the installation of an 8" water line and fire hydrants throughout this project.
This water line, if approved, will be a City facility and maintained by the City. Although
the developer is interested in both water and sewer service, the sewer collection system
will be private and maintained by the property owners. Individual purchasers of property
within this development will have to return to the City for approval of water and/or sewer
service agreements.
Attached for your information is an excerpt from a brochure distributed by Sunbelt
Commercial Builders which provides more description of this project.
Action Required by Council
Consider approval of a Utility Extension Agreement between the City and Bayport North
Industrial Park, l.P.
Date
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UTILITY EXTENSION AGREEMENT
(Owner Funded Extension)
THE STATE OF TEXAS:
COUNTY OF HARRIS:
This agreement, made this ~ '1-/1...
day of ~SePrfM8f(l.
, 1999, by
and between the City of La Porte, herein called "City", acting herein through its City
Manager and Bayport North Industrial Park, L. P., a partnership of Houston, County of
Harris, and State of Texas, hereinafter called "Owner".
WITNESSETH
1. All references to "Utility Main(s)" hereunder shall, for the purposes of this
agreement, refer to the extension of an 8-inch potable water line and related
appurtenances as per plans and specifications being prepared by Montgomery &
Associates, Job No. 2901-02 (CLP Project No. 99-7602).
2. Owner is the owner of certain property located in the extra-territorial jurisdiction
of the City of La Porte, Harris County, Texas, roughly identified as approximately 156.5
acres out of the W.M. Jones Survey, A-482, Harris County, Texas. Said property is
more particularly described on the drawing attached hereto as Exhibit "AD J and
incorporated herein by reference. Said 156.5 acres is to be platted as the Bayport
North Industrial Park and filed for record in the Harris County Clerk's Office.
3. City hereby agrees to the construction and installation of an extension of its utility
main(s) to said property commencing at the nearest existing utility main(s) of sufficient
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size and capacity. Thence along/through public rights-of-way and/or easements to and
through Owner's property. Provided, however, that should City not possess all
necessary rights-of-way and/or easements to complete said extension(s), Owner shall
be solely responsible for obtaining said additional rights-of-way and/or easements at no
cost to City. on City approved forms. All permits and approvals required by entities with
jurisdiction shall be secured prior to construction.
4. Owner agrees to pay all costs related to the construction and installation of said
utility main(s) including necessary appurtenances in conformance with City's standards
and specifications for said utility main(s). all in accordance with Plans referenced in
Section 1 hereof. Owner further agrees to pay all engineering fees for survey, design,
contract documents, bidding, construction staking, construction inspection, and
preparation and submittal of As-Built construction drawings and to indemnify City and
hold City harmless for Owner's failure to pay same.
5. Subject to the provisions of this agreement, City hereby agrees to the
construction and installation of said utility main(s) according to the plans and
specifications referenced in Section 1 hereof and contract documents to be prepared by
the Owner's engineer and approved by the City. The contract documents shall include
a provision for a one (1) year warranty from defects in materials and workmanship. The
documents will also provide a "Notice" to Contractor that the City of La Porte will
perform daily construction inspection to insure compliance with plans and
specifications. Owner agrees that City will not be responsible for issuing or approving
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payments to the Contractor. It is agreed and understood that Owner is responsible for
paying for any unforeseen costs or cost overruns in the project that result from
circumstances beyond the control of the City.
6. City shall have the right to approve the Engineer and the Contractor selected by
Owner. Upon completion and approval of plans, specifications, and contract
documents, the City shall authorize the Owner to secure bids from qualified
underground utility contractors.
7. Owner agrees that upon completion and acceptance by City, City will assume
ownership and maintenance of the utility main(s) and as such shall have full control
over future extensions and connections thereto.
8. Owner shall notify all purchasers of "the property", that the City of La Porte
makes no representations to said owners as to the availability of utilities to property that
such purchasers might purchase within "the property". Rather, said purchasers shall
be notified of the existence of policies of the City of La Porte and the prior necessity of
a Water Service Agreement, that must be approved by City Council and entered into
between said purchasers and the City of La Porte, prior to the provision of utilities by
the City of La Porte to said purchasers. Owner agrees that, as part of the closing
documents on any property within "the property", that Owner will provide a notice, in
recordable form, that potable water is available to the property only if the City of La
Porte agrees pursuant to said Water Service Agreement to make potable water
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This is EXHIBIT C, consisting of 1 page,
referred to in and part of the Utility Extension
Agreement between CITY and COMPANY
dated 2..., '"(:L. ~t;t)r- , ,~C;-
~tial:
CITY :11l
COMPANY .
ADDITIONAL REQUIREMENTS
The Agreement is amended and supplemented to include the following agreement of
the parties. COMPANY shall provide additional improvements as specifically set forth
below. These agreements represent contractual undertakings of COMPANY,
undertaken to induce CITY to sell water to COMPANY pursuant to the terms of the
Water Service Agreement and/or Sanitary Sewer Service Agreement and this
addendum. Said additional improvements undertaken by COMPANY are an integral
part of the consideration by COMPANY for obtaining the provision of water and/or
sanitary sewer service from CITY.
1) Storm Water Plan: For new development COMPANY shall provide a Storm
Water Management Plan that is approved by Harris County Flood Control District
and CITY. COMPANY shall construct and maintain any storm water system as a
condition of continued water and/or sewer service.
2) land Use Controls: COMPANY will provide land use controls by way of
Covenants, Conditions, and Restrictions as part of the development
documentation. Primary development setback from Fairmont Parkway is 100'
from the south right-of-way line. Northern portion of this development adjacent
to Fairmont Parkway is to be business uses similar to Business Industrial and
light Industrial uses allowed by CITY's zoning ordinance with limitations on
outside storage. Rail service will be limited to the southern portion of this
development and not extend into the "BI-L1" areas.
3) Fairmont Parkway Access: No tract will have direct access to Fairmont Parkway.
All tracts within this development will have access to Fairmont Parkway by way
of the new internal curb and gutter public streets and the extension of
Underwood Road. Harris County will be responsible for maintenance of public
streets.
4) Beautification Efforts: COMPANY will construct an earthen berm approximately
50' wide and 8' high along the northern portion of the property within the 100'
setback area. This berm will be landscaped and maintained as a common
element by the property owners association. The ultimate level of landscaping
throughout this project will be equal to or greater than the landscaping
requirements of the City's zoning ordinance for industrial areas.
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available to the property and only if City Council approves such Water Service
Agreement and only if said purchaser enters into a Water Service Agreement with the
City of La Porte. Said Notice to Purchasers shall be substantially in the form attached
hereto as Exhibit "B".
9. Company's development is subject to certain additional requirements as
described in Exhibit "C".
IN WITNESS WHEREOF, the Parties to these presents have executed this
agreement in several counterparts, each of which shall be deemed an original, in the
year and day first mentioned above.
CITY
(Seal)
ATTEST:
BY: CX~ T, ~
Robert T. Herrera
TITLE: City Manager
Address:
(Seal)
BY:
(
of Corporation)
4
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EXHIBIT A
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PRELIMINARY SITE PLAN
AND ONE-LINE UTILITY SCHEMATIC
DATEo IItCEMI[R,_ .al tUtU ncn-GI
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EXHIBIT B
NOTICE TO PURCHASERS OF REAL PROPERTY
The real property, described below, which has been or is about to be purchased, is
located in the extra-territorial jurisdiction of the City of La Porte. No utilities are
available to the property unless the City of La Porte enters into a water and/or sewer
service agreement with you. The purpose of these agreements is to provide water
and/or sewer services to your property pursuant to the policies of the City of La Porte
and pursuant to the terms of said water service agreement and established policies of
the City of La Porte.
[insert Legal Description of Property]
Date
SIGNATURE OF SELLER(S)
The undersigned purchaser hereby acknowledges receipt of the foregoing notice prior
to closing of the purchase of the real property described in such notice.
DATE
SIGNATURE OF PURCHASER(S)
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SUNBEL T COMMERCIAL BUILDERS, INC.
11663-0 Jones Road
Houston, Texas 77070
TeI281-890-4781 Fax 281-890-7116
Water and Sewer Service to
Proposed Industrial Park
Fairmont Parkway at Underwo~d Road
Proposal Summary
· Water and sewer services are requested from the City of La Porte. In consideration of
land use controls by Developer to provide orderly development of the proposed 156
acre industrial park located at southwest comer of Fairmont Parkway and Underwood
Road.
· A Master Industrial District Agreement I Utility Extension Agreement is proposed to be
entered into by Developer and the City of La Porte describing th~ utility arrangements
and agreements of both parties. .
Requested Water and Sewer Uses
· It is requested that potable water supply be available for domestic use, fire protection
and landscape irrigation.
· Domestic use is typical sanitary and personal consumption use, no "process" water use
and no process water discharge.
Land Use Controls
· Developer will provide land use controls by way of Covenants, Conditions and
Restrictions recorded as part of the development documentation. Each lot owner,
original and subsequent, is required to abide by these "Deed Restrictions", as they are
an encumbrance that runs with the land.
· Primary development setback from Fairmont Parkway is 100' from the south right of
way line. This consists of the existing 50' Exxon Pipeline Corridor; in addition, a 50'
wide earth berm proposed to be 8' in height above existing ground level. The earth
berm is to provide limited visual screening of the property.
· The proposed-Tract "A" and the northern portion of Tract US" south of the 100' primary
setback is proposed to be business uses similar to BI and LI uses allowed by the City
of la Porte Zoning Ordinances, with limitations on outside storage. Property uses
south from this area is proposed to be similar to what is allowed in HI zoning, with
limitations. Anticipated uses include' large rail served tilt-wall warehouse and
distribution facilities, and other industrial uses. Rail service will be limited to the "HI"
area in the south portion of the park, and not extend into the "BI-U" areas.
· SIC business classification codes will be used to describe, in agreements with the City
and the Deed Restrictions, what business uses are allowed in the various areas of the
industrial park. This is the same method used to control land uses in the existing City
of La Porte Zoning Ordinance.
· Setbacks and lot Building Lines will be established as part of the land platting process,
recorded on the plat, and descri~ed in the Deed Restrictions.
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Water and Sewer Facilities
· Water lines will be constructed at Developers expense in accordance with City of La
Porte standards and will be placed in a 10' water line easement adjacent to the
proposed public streets. After construction of the lines and the expiration of the City of
La Porte standard construction warranty period, the water lines will be owned and
maintained by the City of La Porte. Water tap to City of La Porte system will be on the
north side of Fairmont Parkway near the Underwood Road intersection.
· Sewer collection system will be constructed at Developers expense in accordance with
standard practices, and will be owned and maintained as a "common element" of the
industrial park. The main sewer tap will be made to the existing City of La Porte
manhole on the 30" sewer trunk located at the southwest comer of F airmont Parkway
and Underwood Road.
· Each water-sewer customer will make application to the City of La Porte and pay
meter, tap and front-foot fees as established by City policy. Water meters will be set in
accordance with City of La Porte standard practices.
· Sewer waste stream from each water customer will be required to have a standard City
of La Porte sample well on their sewer line, available for monitoring by the Public
Works department in accordance with its practices. .
· Each water-sewer customer will enter into an Industrial District Agreement (IDA) with
the City, if required, as set forth in the agreements to be established with the City.
Fairmont Parkway Access
· No land tract will have direct access to Fairmont Parkway frontage.
· All land tracts in the industrial park will have access to existing public roads by way of
the new internal public streets and the proposed extension of Underwood Road.
· The only Fairmont Parkway access is one proposed entry street.
Drainage and Flood Control .
· The development infrastructure systems will be engineered and constructed as
required by Harris County Engineering.
· Storm water drainage system, including storm water detention, will be engineered,
constructed and approved by Harris County Flood Control District.
Proposed Industrial Park Design and Approvals
· Curbed and guttered concrete streets in accordance with Harris County standards.
· Industrial park to be designed and platted as a "subdivision" in accordance with
community standards as set forth by Harris County, and as approved by the City of La
Porte and other public entities.
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ASKINS & ARMSTRONG, P.C.
ATTORNEYS AT LAW
702 W. FAJRMONT PARKWAY
P. O. BOX 1218
LA PORTE, TX 77572-1218
2814711886 Tclcphonc
281471.2047 Facsimile
Memo
SEP 1 4 1999
CITY SECRETARY'S
OFFICE
To: Secretary, City of La Porte
From: . ity Attorney, City of La Porte
CC: ff - Chief of Police, City of La Porte Police Dept.
Date: September 8, 1999
Re: Proposed Ordinance
Attached is a proposed ordinance amending Chapter 14, Animals, Section 14-108,
Vicious or Dangerous Dogs which will update our Code of Ordinances to incorporate
the recent changes in the Health and Safety Code ch. 822. Please review and
..'advise any comments, questions., or changes. Please place this ordinance on the
agenda for the September 27th City Council Meeting.
, .
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ORDINANCE NO. 99-.2..3.6.2.
AN ORDINANCE AMENDING CHAPTER 14, ANIMALS, SECTION 14-108, VICIOUS OR
DANGEROUS DOGS; REMOVAL FROM CITY UPON NOTICE; IMPOUNDMENT AND
DESTRUCTION; 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. Section 14-108 of the Code of Ordinances of the City of La Porte,
Texas is hereby amended to read as follows, to-wit:
"Sec. 14-108. Vicious or dangerous dogs; removal from city upon
notice; impoundment and destruction
Vicious or dangerous dogs shall be governed by the provisions of
V.T.C.A., Health and Safety Code ch. 822. Any vicious or dangerous dog
that is determined to be a dangerous dog under ch. 822 of the Texas
Health and Safety Code by the animal control authority of the City of La
Porte shall immediately be impounded and kept in secure and humane
conditions until a court of competent jurisdiction orders the final
disposition of the dog as allowed by ch. 822 of the Texas Health and
Safety Code."
Section 2. If any section, sentence, phrase, clause, or any part of any section,
sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such
invalidity shall not affect the remaining portions of this Ordinance, it is hereby declared to
be the intention of the City of Council to have passed each section, sentence, phrase, or
clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or
clause, or part thereof, may be declared invalid.
Section 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
ORDINANCE NO. 99- 23.
PAGE 2
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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 4. 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 27th DAY OF September
,1999.
CITY OF LA PORTE
B~
R AN MALON , ayor
ATTEST:
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PUBLIC NOTICE
ORDINANCE NO. 99-2362
AN ORDINANCE AMENDING CHAPTER 14, ANIMALS, SECTION 14-408, VICIOUS OR
DANGEROUS DOGS; REMOVAL FROM CITY UPON NOTICE; IMPOUNDMENT AND
DESTRUCTION; FINDING COMPLIANCE WIlli THE OPEN MEETINGS LAW; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF.
CITY OF LA PORTE
slNorman L. Malone, Mayor
A TrEST:
slMartha A. Gillett, City Secretary
APPROVED:
s/Knox W. Askins, City Attorney
flJJ-dJJ
bl:':l\\ e4 -}-. 0
~ LA- 0'01 p~ ~p
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REQUES.R CITY COUNCIL AGE~TEM
Agenda Date Requested: September 27,1999
Requested By: Doug Kneupp~ Department: Planning
Report Resolution X Ordinance
Exhibits: Ordinance
Bid Tabulation
Report from Structural Engineer
Bidder's List
Summary &: Recommendation
As part of the FY 98-99 Budget, City Council approved $150,000.00 for the Renovation of
Sylvan Beach Pavilion using the HotellMotel Occupany Tax Fund (026). Of that, $60,000 was
allocated for Structural Repairs. During subsequent inspections of the facility, additional
portions of the building exposed to the bay winds were determined to need repairs as well.
This has increased the required funding beyond what was initially allocated. This project
consists of repairs to the reinforcing steel in the beams and joists of the underside of the
elevated floor structure of the Sylvan Beach Pavilion.
Survey, design and engineering were performed on this project utilizing City Staff and
structural consulting engineer Bill Jumper, P.E. On September 21, 1999, the City received
competitive bids from 4 qualified contractors (see attached Bid Tabulation). Epoxy Design
Systems, Inc. of Houston, TX submitted the low bid in the amount of $82,362.00. Structural
repair work will be complete within 80 consecutive calendar days once "Notice to Proceed" is
issued.
Staff has reviewed the bids submitted and determined the low bidder, Epoxy Design Systems,
Inc. is qualified to perform this work. Staff recommends that the City Council authorize the
City Manager to execute a contract with Epoxy Design Systems, Inc. in the amount of
$82,362.00 and further authorizing $4,200.00 (5%) contingency for structural repairs to the
Sylvan Beach Pavilion.
Action Required by Council:
Consider approving an ordinance authorizing the City Manager to execute a contract with
Epoxy Design Systems, Inc. in the amount of $82,362.00 and further authorizing $4,200.00
contingency for structural repairs to the Sylvan Beach Pavilion. The difference between the
amount needed for this project ($86,562) and the budgeted amount ($60,000) will come from
the available fund balance in the Hotel/Motel Occupancy Tax Fund
Availability of Funds:
General Fund Water /Wastewater
Capital Improvement General Revenue Sharing
X Other - Hotel/Motel Occupancy Tax Fund
Account Number:
026-9898-790
Funds Available: X Yes
No
Date
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ORDINANCE NO. 99-2363
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT
BETWEEN THE CITY OF LA PORTE AND EPOXY DESIGN SYSTEMS,
INC. FOR CONSTRUCTION OF SYLVAN BEACH PAVILION
STRUCTURAL SUPPORT/FLOOR SYSTEM; APPROPRIATING
$86,562.00 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.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE:
Section 1. The City Council hereby approves and authorizes the
contract, agreement, or other undertaking described in the title of this
ordinance, in substantially the form as shown in the document which is
attached hereto and incorporated herein by this reference. The City
Manager is hereby authorized to execute such document and all related
documents on behalf of the City of La Porte. The City Secretary is hereby
authorized to attest to all such signatures and to affIx the seal of the City
to all such documents. City Council appropriates the sum of $86,562.00
from Hotel/Motel Occupancy Tax Fund (026) to fund said contract.
Section 2. The City Council offIcially fInds, determines, recites,
and declares that a sufficient written notice of the date, hour, place and
subject of this meeting of the City Council was posted at a place
convenient to the public at the City Hall of the City for the time required
by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been
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ORDINANCE NO. 99-2363
open to the public as required by law at all times during which this
ordinance and the subject matter thereof has been discussed, considered
and formally acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
PASSED AND APPROVED, this September 27,1999.
By:
CITY OF LA PORTE
~A-~~
No an L. Malone,
Mayor
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CITY OF LA PORTE #98-5301
SYL VAN BEACH PAVILION STRUCTURAL
SUPPORTWLOORSYSTEM
BID TABULATION
'.~,., ;.CONTRACTORNAME,.+,':-" \: ,jBn)-.;'~~ ..' ....nAys 'b .. -~ ~:- :~"~:t:~~tfi~
:;"., .: if :'"
;,~ ~./ :~~ ~~~~:..<~ .~~:~:':.~) :~/:;':_:~::.:.:H.~~~\Q::~. ~t_;~::..:~::.~ : \;-~2~t;' ;.,..-;~~~ 'l~" :....~;. ;;:.f ,.' ':'....I.,;:~
.{ .€OMPl:ETE'
~;~'" ').:~~-: .~. ..V :-.~: ".~ ';~:~4l'( ,-.
Epoxy Design Systems y 80 Y Y $82,362.00
American Restoration Y 65 y y $103,674.00
Restoration Services y 86 Y y $104,575.00
Liqua- Tech y 45 Y y $141,757.00
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CITY OF LA PORTE #98-5301
SYL VAN BEACH PAVILION
STRUCTURALSUPPORTWLOORSYSTEM
BIDDER'S LIST
Advertising
The Bayshore Sun - August 29th and September 5th, 1999
La Porte-Bayshore
Chamber of Commerce
Bid Notice Faxed
American Restoration
PO Box 100
Wallis, TX 77485
Phone: 281-346-1578
FAX: 281-346-1370
Derk Harmsen Construction
2820 Center Street
Deer Park, TX 77536
Phone: 281-479-3400
FAX: 281-478-5115
Epoxy Design Systems
PO Box 19485
Houston, TX 77224-9485
Phone: 713-461-8733
FAX: 281-856-9909
Follis Construction
III N. Broadway
La Porte, TX 77571
Phone: 281-471-6881
FAX: 281-471-6038
FORCE Corp.
PO Box 1079
La Porte, TX 77572-0853
Phone: 281-470-0550
FAX: 281-471-9627
Millsap Waterproofing
2414 McAllister Road
Houston, TX
Phone: 713-956-6677
FAX: 713-956-5131
Moore & Moore General Contractors
PO Box 1517
La Porte, TX 77572-1517
Phone: 281-471-0145
FAX: 281-471-0601
Western Waterproofing
5728 Clarewood Drive
Houston, TX
Phone: 713-956-6677
FAX: 713-956-5131
Contractors That Picked Up Plans & Specifications
American Restoration Epoxy Design Systems
PO Box 100 PO Box 19485
Wallis, TX 77485 Houston, TX 77224-9485
Phone: 281-346-1578 Phone: 713-461-8733
FAX: 281-346-1370 FAX: 281-856-9909
Furlow Services, Inc.
PO Box 853
La Porte, TX 77572
Phone: 281-471-1081
FAX: 281-471-3069
Liqua- Tech
1819 Milby
Houston, TX 77003
Phone: 281-225-5325
FAX: 281-225-2755
Restoration Services, Inc.
9810 Fairbanks
PO Box 41069
Houston, TX 77241
Phone: 281-890-1880
FAX: 281-890-8581
~A!L~, CONTI,&JUM~ER.
CONSUlJING STRUCTURAL ENGINEERS
An Affillace at The Caglev Group
3949 Brucen
Hauscan, Texas 77083-8389
Phane (713) 7BO-3345
Fax (713) 7BO-3712
Salvacare V. Cancio P. E.
James R. Caglev. P.E.
Bill S. Jumper. P.E.
27 April 1998
Screec H. SChellhase. P.E.
Mr. Doug Kneupper
City Engineer
City of LaPorte
P.O. Box 1115
LaPorte, Texas nS72-1115
'. .
Re: Sylvan Beach Pavilion Floor System
Dear Mr. Kneupper,
.'"
This is to record my visual observation of the condition of the floor system of the referenced building. I've also
included recommendations for repairs.
EXECUTIVE SUMMARY
Visual observation of the underside of the elevated floor structure revealed that the reinforcing steel in the
beams and joists has begun to corrode from exposure to salt air. The corrosion is causing the steel to expand
and spall the concrete cover off of the reinforcing. This of course leads to acceleration of the process. The area
under the building needs to be barricaded until all loose concrete can be removed to prevent a hazard from
falling debris. The structure needs to be thoroughly cJeaned to remove all loose concrete and expose all cracks.
The cracks must be sealed by injection of urethane sealant; the reinforcing steel must be thoroughly cleaned of
corrosion and coated with an anti-corrosion bonding agent and the spa lis must be replaced with a cement and
sand aggregate mortar to restore the cover on the reinforcing steel. All the exposed surfaces of the concrete
must be coated with an elastomeric waterproof coating to seal them against salt air intrusion. It may be
necessary to clean and recoat the exposed surfaces approximately every five years.
REPORT
The Sylvan Beach Pavilion was visited on April 23, 1998 in the company o( Mr. Doug Kneupper and Mr. Reagan
McPhail. The visit was made at the request of Mr. Kneupper. The purpose of the visit was to observe and
report on the condition of the floor strudure and to make recommendations for repairs. The weather was clear,
sunny and the temperature was in the eighties.
The building is elevated above the ground and the soffit of the main floor is about a or 9 feet above the ground.
The structure is positioned immediately behind the seawall in very cJose proximity to the bay. The building is
constantly exposed to salt air.
The structure is reinforced concrete pan joist and beam framing supported on reinforced concrete columns. The
foundation system is not known but it is probably driven piles.
No indications of excessive deflection, foundation settlement or overstressing of the structure were visually
apparent.
AFFILIATE OFFICES IN: ROCXVlLLE. MARYlAND. PHILACELPHIA. PEI\INS'tUIANIA
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American ConaulUng
Engineers Council Member
Sylvan Beach Pavilion Floor System e
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Spalls on the bottom of joists and beams were observed as well as horizontal cracks near the bottom of joists
were observed at many locations. The concrete appears to be lightweight aggregate and normal weight sand,
Portland cement concrete.
No vertical or diagonal tension cracks were observed. Diagonal cracks were seen in a spandrel at the ends of
some cantilevered joists but these are thought to be related to corrosion of the reinforcing where a wood deck
was bolted to the spandrel.
One or two areas of spalling concrete were removed but many had fallen prior to this visit. The attached
photographs illustrate the distress il). ~he-concrete that was observed.
The bottom reinforcing bars in the joists and at the bottom edges of beams are exposed 'at the concrete spa lis.
The bars are surface corroded but it appears that there has been very little lose in the cross section of the steel,
so far. The steel has definitely corroded enough however to cause the concrete spalls from the expanding
oxidized metal.
The present conditions are dangerous to pedestrians that can walk beneath the b'uilding. The spalling concrete
is about 1 ~ inches thick and appears to fall in pieces e- wide by lengths varying from 1 to 2 feet. These pieces
could definitely cause minor injury at best and major injuries if a person was hit in the eye. We recommend that
the area under the building be barricaded Immediately to prevent persons from '!Valking beneath it until repairs
are completed. .
The repairs should be completed as soon as possible to mitigate the deterioration of the structure before it
jeopardizes the structural integrity of the building.
RECOMMENDED REPAIR
The repairs should indude the fol/owing procedure:
1. Remove loose concrete from spa lis.
2. Sand blast the entire exposed surface of the concrete and remove aI/loose concrete.
3. Repair any diagonal tension cracks that may be found with injection of low viscosity epoxy (SIKA OUR
HIMOO LVl).
4. Sand blast and remove all corrosion from exposed reinforcing steel to biight metal.
5. Immediately coat the dean steel and the dean spa lied concrete surfaces with SIKA ARMA TEe 110 for
inhibiting corrosion and to provide a bonding agent for the patch described'below.
e. Apply a mixture of sand/cement grout and micro silica by the shot-crete method to rebuild the concrete to
the original dimensions. Finish the shot-crete by troweling it to the original dimensions and to close and
densify the surface of the patch. The patch must be applied within 8 hours of the sand blasting of the steel.
Therefore, the repairs must be done in sections of sizes that can be started and completed in one day of
work. The work must be protected from wind and moist cured until the patch is sufficiently cured and has
gained strength to 3000 psi minimum. The 28 day strength of the grout must be 4000 psi minimum.
7. After the patching has cured the entire deaned surfaces of the concrete structure must be coated with an
elastomeric coating waterproof membrane. This will mitigate the corrosion of the reinforcing and resulting
cracking and spalling of the concrete by sealing out the moist salty air. The surface coating should be
inspected periodically and repaired as required to maintain the integrity of the seal.
Co\G".EY. C:::Nn & .JUMPER
Structural EngIneers
3949 B"I.1:on
Houston, Teaes 77063
C~GLE~
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3ylvan Beach Pavilion Floor System .
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These repairs are fairly sophisticated and we recommend that parts if not all of the work be done by contractors
that specializes in this type work. We recommend that you contact Epoxy Design Systems at (713) 461-8733.
They are currently doing similar repairs to a pier at Todd Ship Yards in Galveston. This would give you the
opportunity to see this type of repair work in process.
If I can assist you further in this matter, please call me.
Very truly,
CAGLEY CONTI & JUMPER
~$~~
Bill S. Jumper~E~ -...--
98167
CAGlEY. CCNTI & .JUMPER
Structural EngIneers
3949 Braxton
Houston. Tellas 77063
CAGLEY
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SJlvan Pavilion Floor System
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Typical crack along bottom of
Pan joist at reinforcing steel
Typical spall at reinforcing in bottom of pan joist
CAGlEY. CDNTI &.jU~ \ C:.GL!aY
- II:
Stl'uc:ul'al Englneel's ... &: ~
3949 BI'Bllton ~ !
Houston. Tallss '7063 u ~
.Sylvan Pavilion Floor System
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Typical concrete spall along bottom reinforcing bar in pan joist
(Note crack along bar on far side of the joist)
Crack along bottom edge of concrete beam at reinforcing bar
CAGlEY. CDNT1&J\J~.PER \ CAGI.EV
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Structural Engineers ~ & ~
3949 Branon;; ~
Houston. TUBS 77053 U ..,
_ Sylvan Pavilion Floor Sy$tem
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Cracks and spalling along reinforcing in beams at expansion joint
Crack along spandrel at ends of cantilevered joist
CAGlEY. CONTl & JU~
Structural Engineers
3949 Sra.ton
HoustOn. Telles 77C63
CAGLEY
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SPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
SYLVAN BEACH PAVILION STRUCTURAL
SUPPORT/FLOOR SYSTEM
CITY OF LA PORTE, TEXAS
AUGUST 1999
CLP PROJECT NO. 98-5301
-~il;;!~~~~~J;~:'~'\I;~ll',.~.~:~.. ........ ._,.......... .
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AGREEMENT
CLP Project No. 98-5301
THIS AGREEMENT, made this 27th day of Seotember, 1999, by and
between the CITY OF LA PORTE, hereinafter called "Owner', acting herein through its
CITY MANAGER and Epo)(y Design Systems, Inc
(Name of Contracting Firm)
Strike out inapplicable terms: (a corporation) (a partnership) or (an insi.,idual Soing
business as:) of Houston, County of Harris ,and
State of Texas, hereinafter called "Contractor'.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR
hereby agrees with the OWNER to commence and cOmplete the construction described
as follows:
SYLVAN BEACH PAVILION STRUCTURAL SUPPORT/FLOOR SYSTEM
CLP PROJECT NO. 98-5301
hereinafter called the project, for the Total Price of:
EiahtY-Two Thousand Three-Hundred Sixty-Two and DO/DO Dollars ($ 82.362.00) and
all extra work in connection therewith, under the terms as stated in the General and
Supplementary Conditions of the Contract; and
Further, that the CONTRACTOR agrees, at his (its or their) own proper cost and
expense, to furnish all the materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance, and other accessories and services necessary to
complete the said project in accordance with:
A. The terms and conditions stated in the Proposal and in the General
Conditions, and Supplementary Conditions of this Contract; Scope of Work
B. The plans, which include all maps, plats, blue prints, and other drawings
and printed or written explanatory matter thereof; and
C. The Specifications and other contract documents therefore, as prepared
by the City of La Porte, all of which are made a part hereof and collectively evidence
and constitute the contract.
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The CONTRACTOR hereby agrees to commence work under this contract on or before
a date to be specified in a written "Notice to Proceed" of the Owner and to fully
complete the project within 80 calendar days thereafter.
The CONTRACTOR further agrees to pay. as liquidated damages, the sum of
J100 for each consecutive calendar day thereafter as hereinafter provided in
Paragraph SC-6 of the Supplementary Conditions.
IN WITNESS WHEREOF, the parties to these present have executed this
contract, each of which shall be deemed an original. in the year and day first above
mentioned.
City of La Porte
Name of Owner
SEAL
Attest:
By: Q~-\: 1: ~
Robert T. Herrera 101(, Iq~
City Manager
Title
City Secretary
Title
EPDJCY ~~IG,J 6YSrE~1 IAJe..
Na of Contracting Firm
SEAL
nature of uthorizf;ld Person
Jfe~l.de-.rl
Title of Authorized Person
PO t?>o~ 1'1'1-'85 Ii OlA- ~i~ 71 ').1. if
.
Address and Zip Code
Witness
Approved as to Form:
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- City Attorney
Agreement 2 at 2
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REQUEST F. CITY COUNCIL AGENDA ITEM ·
Agenda Date Requested: September 27,1999
Requested By: J. L. Sease l#Department:
I
X Report _ Resolution _ Ordinance
Fire
Exhibits:
Contract for Medical Director
SUMMARY & RECOMMENDATION
The annual contract of Dr. Oscar Boultinghouse, M.D., Medical Director for the Emergency Medical
Services Division, is in need of renewal. The contract under consideration is a thirteen month contract in
order to place its renewal time to coincide with the start of the fiscal year. Also a Ten percent increase of
Sixty Six (66) dollars per month to start October 1, 1999 is included to compensate for an increase in time
needed to review response protocols. This increase will bring the contract to a total of $8450.00 for the
thirteen months.
Action Required by Council: Consider authorizing the City Manager to approve a contract with Dr.
Oscar Boultinghouse, M.D. to serve as the EMS Medical Director at a cost of $8520.00
Availability of Funds:
X General Fund Water/Wastewater
_ Capital Improvement_ General Revenue Sharing
Other
Account Number: 001-5059-522-5005 Funds Available: X YES NO
Approved for City Council A2enda
QT~
Robert T. Herrera
City Manager
q. a1-'11
Date
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CONTRACT FOR MEDICAL DIRECTOR
DIVISION OF EMERGENCY MEDICAL SERVICES
CITY OF LA PORTE, TEXAS
This Contract entered into this the 1st day of September, 1999, by and between the
City of La Porte, Texas, a municipal corporation (hereinafter called "City") acting by and
through its duly authorized City Manager, and Dr. Oscar Boultinghouse, M.D.,
(hereinafter sometimes called "Dr. Boultinghouse"),
WITNESSETH:
WHEREAS, there is a recognized need to provide high quality emergency
medical services and related medical care in the City of La Porte, Texas; and
WHEREAS, the City desires to provide medical direction for its Division of
Emergency Medical Services through the use of a licensed physician; and
WHEREAS, the City desires to contract with Dr. Boultinghouse to serve as
Medical Director for the Division of Emergency Medical Services of the City and Dr.
Boultinghouse is willing to serve as Medical Director under the terms and conditions
stated herein;
NOW, THEREFORE, in consideration of the premises, the agreements herein
contained and other and valuable consideration, receipt of which is hereby
acknowledged, the parties hereby agree as follows:
Page 1
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I.
MEDICAL DIRECTOR: Dr. Boultinghouse hereby contracts with the City
as an independent contractor to serve as Medical Director of the Division of the
Emergency Medical Services of the City (the "Medical Director") for the term stated
below.
n.
RESPONSffiILITIES AND AUTHORITY OF MEDICAL DIRECTOR:
The responsibilities and authority of the Medical Director shall be as follows:
A. General
(1) Ultimate responsibility for all medical issues concerning the City Division
of Emergency Medical Services.
(2) The authority to make decisions affecting all medical aspects of the City
Division of Emergency Medical Services.
(3) Being responsible to but not governed by the EMS Chief of the City of La
Porte.
(4) Inspect, evaluate and make recommendations regarding medical equipment
purchased by the City Division of Emergency Medical Services.
B. Education
Responsibility for developing, implementing and participating in continuing
education and recertification programs for paramedics employed by the City.
C. Evaluation
(1) Responsibility for devising a system of ongoing review and education of
paramedic services rendered by the City Division of Emergency Medical
Services and providing rapid feedback to the paramedics.
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D. Personnel
(1) Ultimate responsibility for evaluating the competency of all paramedics
employed by the City. The Medical Director shall have the authority to
revoke any paramedics from their authorization to utilize
protocols/standing orders.
(2) All paramedics employed by the City must be cleared by the Medical
Director before being permitted to provide emergency medical services to
the public.
E. Community Liaison
(1) Provide liaison with the medical community; respond to questions from
physicians about the City Division of Emergency Medical Services.
(2) Provide public information as necessary about the medical aspects of
emergency medical services provided by the City Division of Emergency
Medical Services; respond to medical questions from the media and the
public.
(3) Make appearances as reasonably necessary to educate those using the
emergency medical system about its function.
F. Protocols/Standing Orders
Develop and revise standing orders to be used by paramedics in the field,
monitor their use and make adjustments based on experience with these
standing orders.
G. The Medical Director shall devote such of their time as is reasonably needed
to fulfill the responsibilities and duties of the Medical Director of the City
Division of Emergency Medical Services under the terms of this Contract. It is
understood that the Medical Director will continue to engage in private
medical practice while not performing duties under this Contract.
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m.
Term - The term of this Contract shall be for a period commencing as the date
hereof and ending on the 30th day of September, 2000 or if sooner, with
the first to occur of the following:
A. The death of Dr. Boultinghouse; or
B. Thirty (30) days following written notice by the City or by Dr. Boultinghouse;
provided, however, that prior to any written notice of termination under this
Section 3B by the City because of dissatisfaction with Dr. Boultinghouse's
performance as Medical Director under this Contract, the City shall convene a
meeting pursuant to written notice to the Medical Director setting forth the
basis for such dissatisfaction. At the meeting, which shall be held no sooner
than fifteen (15) days following such written notice, the parties shall attempt to
resolve any disagreements and conflicts.
IV.
Insurance - Throughout the term of this Contract, the City shall provide the
Medical Director with a policy on the minimum limits of three million dollars
($3,000,000.00) per occurrence and six million dollars ($6,000,000.00) annual aggregate
which covers the performance of their administrative duties as Medical Director. The
insurance policy shall provide that the City and the Medical Director shall be given thirty
(30) days written notice prior to any cancellation of this insurance.
v.
Compensation - In consideration for rendering the services of Medical Director
under the terms of this Contract, the City shall pay aggregate compensation at a
thirteenth month rate of Eight Thousand Five Hundred and Twenty Dollars ($8,520.00).
Page 4
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VI.
Independent Contractor - This Contract shall not be construed as creating an
employer/employee relationship, a partnership, or a joint venture, since the intent is that
Dr. Boultinghouse shall be an independent contractor with the City. No party hereto shall
hold himself or itself out or act as an agent of any other party with respect to third parties
In any way.
Vll.
Governing Law - This Contract shall be governed in accordance with the laws of
the State of Texas and shall be performable in Harris County, Texas.
IN WITNESS WHEREOF, Dr. Boultinghouse and the duly authorized
representative ofthe City of La Porte have executed this Contract as of the date and year
first above written.
CITY OF LA PORTE
DMSION OF EMERGENCY MEDICAL SERVI/
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Robert T. Herrera
City Manager
City Of La Porte
qi~1/17
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Date (
Page 5
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ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
702 W. FAIR MONT PARKWAY
P.O. BOX 1218
LA PORTE. TEXAS 77572-1218
KNOX W. ASKINS
.JOHN D. ARMSTRONG
TELEPHONE 281 471-1886
TELECOPIER 281 471-2047
CHARLES R. HUBER, .JR.
BOARD CERTIFIED. CIVIL TRIAL LAW
TEXAS BOARD OF' LEGAL SPECIALIZATION
September 20, 1999
Ms. Martha A. Gillett
City Secretary
City of La Porte
City Hall
La Porte, Texas
Re: Amendments to Solicitors Ordinance
Dear Martha:
I enclose redraft of proposed amendments .to solicitors ordinance.
I have covered the topics which you requested, and I believe it is
not necessary to have a separate section on business to business
solicitation, as direct sellers of goods to businesses are covered
under the definition of direct seller~
y ~ very truly,
w. Askins
Attorney
of La Porte
KWA:sw
Enclosure
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ORDINANCE NO. 99-
AN ORDINANCE AMENDING CHAPTER 22, ARTICLE V, "PEDDLERS, SOLICITORS
AND CANVASSERS", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF A FINE
NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) FOR EACH VIOLATION;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1.
section 22-286, "Definitions", of the Code of
Ordinances of the City of La Porte is hereby amended, to add to
said Definitions the following:
"Charitable Solicitation or Solicitor means the
solicitation of money or property for the benefit of any
charitable, religious, patriotic, civic, fraternal or
social organization, or educational institution, or other
philanthropic or non-profit organization, but not
including public safety organizations or departments of
the City of La Porte."
section 2. section 22-287, subparagraph (b), of the Code of
Ordinances of the City of La Porte is hereby amended, to hereafter
read as follows, to-wit:
"(b) No charitable solicitor or direct seller shall
utilize City or State rights-of-ways, including highways,
streets, alleys, or sidewalks, whether or not improved
and open to traffic, to conduct charitable solicitations
or direct sales; provided, however, a charitable
solicitor may display hand held signs and solicit
charitable contributions while standing behind the curb
lines of a roadway or the curb lines of a median. No
charitable solicitor or direct seller shall impede the
free use of sidewalks and streets by pedestrians and
vehicles."
section 3. section 22-287, subparagraph (e), of the Code of
Ordinances of the City of La Porte is hereby amended, to hereafter
read as follows, to-wit:
"(e) No charitable solicitor or direct seller shall
stand in a roadway for the purpose of soliciting a ride,
contribution, employment or business from the occupant of
any vehicle."
section 40 section 22-287, subparagraph (h), of the Code of
Ordinances of the City of La Porte is hereby amended, to hereafter
read as follows, to-wit:
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"(h) No persons shall engage in solicitation upon any
residential or business premises without a prior
invitation from the occupant thereof, if such premises is
posted against such solicitation by means of a notice
prominently displayed, upon which is printed the legend:
"no solicitors" (or words of similar import). For
purposes of this subsection, such premises shall be
deemed to be posted against solicitation if there is
exhibited, on or near the main entrance to the premises,
a sign at least three inches by four inches in size which
bears the above legend in letters at least one-third-inch
in length."
section 5. Chapter 22, Article V, "PEDDLERS, SOLICITORS AND
CANVASSERS", of the Code of Ordinances of the City of La Porte is
hereby amended, by adding thereto a new Section 22-319, which shall
read as follows, to-wit:
"section 22-319. Charitable Solicitor Registration.
Charitable solicitors shall register with the City
Secretary, providing information as to dates and places
of planned charitable solicitation; name, address, and
telephone number of a contact person for the
organization; and such other information as may be
required by the City Secretary. No fee shall be charged
for charitable solicitation registration."
Section 6. 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.
2
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Section 7.
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 two hundred dollars
($200.00) for each offense.
section 8.
The City Council officially finds, determines,
recites and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the city Hall of the
ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 90 This Ordinance shall be effective from and after
its passage and approval, and publication of its caption as
provided by law.
PASSED AND APPROVED, this
day of
, 1999.
By:
~F LA PORTE
~~
an L. Malo e
Mayor
rn~
APPROVED:
Knox w. Askins
City Attorney
3
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. Pcc1W\\.f~l~ R..P"~
CITY OF LA PORTE
~,,:~'.T):.:';;[~'('. "~'~~"~~~.~~~*;~~~~J;~!~'~:1j~:~,t:~yi;~;~'if~~jt~
September 20, 1999
TO:
Mayor and City Council
FROM:
Robert T. Herrera, City Manager
6tt~
New Report - Monthly Highlights
SUBJECT:
For your review, I have attached a new report that I believe you will appreciate. I intend
to use this simple one to two page report to highlight major development, personnel
changes, and significant events that occur from the 15th of one month to the 15th of the
next month.
This report should provide you a snapshot of activity occurring within the City, and I hope
it will assist you when responding to general inquiries from the public.
If you require more detailed information for any item in this report, please contact me.
RTH:cjb
Attachment
c John Joems
Jeff Litchfield
Executive Staff
. HIGHLIGHTS REPORT .
1999
AUGUST 15 TO SEPTEMBER 15
DEVELOPMENT OPPORTUNITIES (COMMERCIAL, INDUSTRIAL, MAJOR RESIDENTIAL)
Denny's Diner Opened on September 1, 1999
Fairmont Oaks Apartment Complex, 188 units
Summerwinds - Section 111,38 single-family units
Trans Gulf
(Bldg. Permit issued for small office building
& trucking terminal.)
Ramada Inn, 3-story, 41-Units
(New Contractor obtained new bldg. permit to complete
project abandoned by previous contractor.)
Moser Electric (Jake Harris Property.)
(Bldg. permit issued for an electrical contractor office/shop.)
La Porte Tire Center
(Bldg. permit issued to remodel exterior/interior of
office & shop.
LP Tire Center to relocate from W. Main to Fairmont Parkway.)
LPISD-LP Elementary 425 S. Broadway
(Demolition permit issued for removal of old school and cafeteria.)
Quizno's Classic Subs 1410 W. Fairmont Parkway
(Bldg. permit for build-out of space in Kroger Center.)
Creekmont Baptist
(Bldg. permit for new fellowship hall.)
Johnson Pump
(Space G Pump Repair Company for Petroleum Industry.)
Need for Speed Computer
(Computer Store in Ybarra Strip Center.)
Curl up & Dye
(Beauty Shop in the Ybarra Strip center.)
New Life Christian Church
(New sanctuary completed just south of Dome Church;
An expansion to the rear is already being discussed.)
Tortillas Restaurant
(Recently put on the auction block.
New owner is Jacob & Michael Renteria.
Family currently operates Border Grill Restaurant on Spencer Hwy. in Pasadena.)
LPISD - High School
(Preliminary Meeting to discuss new construction of Concession/Laundry building.
G @ Texas behind Episcopal Church.)
Jack B. Kelley Trucking & Tanks 615 N. 6th
(Cryogenic Vessel Alternatives has obtained a long-term lease for this site.
Repair and Rehabilitation of Tanks.)
Proiect Descriotion
Location
928 SH 146 Feeder
9801 Fairmont Parkway @ Underwood
Fairmont Parkway @ Underwood Road
1901 N. Hwy 146
107 N. 8th
601 S. 8th
11011 W. Fairmont Parkway
C40 I Myrtle Creek
101 Old Underwood
2607 Underwood
2609 Underwood
2104-A Underwood
9602 Spencer Highway
.
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I EMPLOYMENT OPPORTUNITIES AND CHANGES
New Hires
Position
Jeffery Kominek
Bennie Boles
Jason Wilbanks
Jarleth English
Brandon Meismer
Randal Potter
Namon Railback
Timothy Hernandez
Shane Turpen
Bret Stout
Lashaundra Crawford
Police Officer
Police Officer
Police Officer
Code Enforcement Officer
Survey Technician I
Equipment Operator I
Solid Waste Worker
Solid Waste Worker
Golf Cart Maint. Tech
Cart Attendant
Caretaker
Promotions (P)
Transfers (TR)
Resil!nations (R)
Retirements (RE)
Terminations (T)
Robyn Gallion (TR)
Norma Witten (TR)
Ray Castro (R)
Juan Gonzalez (R)
Janet Gonzalez (R)
24 Lifeguards (R)
8 Pool Managers (R)
From EMS Paramedic to Police Officer
From EMS Paramedic to Dispatcher
Recreation Assistant
Recreation Specialist
Ass't. Recreation Therapist
summer employment
summer employment
Department / Division
PolicelPatrol
PolicelPatrol
PolicelPatrol
PlanninglInspection
PlanninglEngineering
Public Works/Solid Waste
Public Works/Solid Waste
Public Works/Solid Waste
Administration/Golf Course
Administration/Golf Course
Parks
Police
Police
Parks
Parks
Parks
Parks
Parks
~ OTHER
Seabreeze Park opened to public on September 2, 1999.
Cost of project l:::I $1.2 million
Received confirmation of COPS Universal Hiring Grant award for (5) additional Police Officers.
Effective September I, 1999
Estimated Funds Awarded l:::I $375,000.00 over three (3) years
.
:MEETING HANDOUTS
.
.
.
The Government Finance Officers Association of the United States and Canada is
pleased to announce that the City of La Porte has received the GFOA's Distinguished
Budget Presentation Award for its budget.
The award represents a significant achievement by the City. It reflects the commitment
of the City Council and Staff to meeting the highest Principles of governmental
budgeting. In order to receive the budget award, the City had to satisfy nationally
recognized guidelines for effective budget presentation. These guidelines are designed
to assess how well the City's budget serves as a policy document, a financial plan, an
operations guide and a communication device.
Since the inception of the GFOA's Distinguished Budget Presentation Awards Program
in 1984, approximately 700 entities have received the Award. This is out of over 39,000
eligible governmental units.
The City of La Porte has received this award since 1990.