HomeMy WebLinkAbout2000-07-10 Regular Meeting! ~
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MINUTES OF THE REGULAR MEETING
OF LA PORTE CITY COUNCIL
JULY 10, 2000
1. CALL TO ORDER
The meeting was called to order by Mayor Norman Malone at 6:00 p.m.
Members of City Council Present: Councilpersons Guy Sutherland, Chuck Engelken,
Howazd Ebow, Alton Porter, Deotis Gay, Chazlie Young, Jerry Clarke, and Norman
Malone.
Members of Council Absent: Griffiths
Members of .City Executive Staff and Citv Employees Present: City Manager Robert T.
Herrera, City Attorney Knox Askins, Assistant City Manager John Joerns, City Secretary
Martha Gillett, Finance Director Cynthia Alexander, Assistant Finance Director Mike
Dolby, Director of Pazks and Recreation Stephen Barr, Director of Administrative
Services Louis Rigby, Police Chief Richazd Reff, Planning Director Doug Kneupper,
Administrative Assistant Carol Battler.
Others Present: Spero Pomonis, Sib Carpenter, Mr. and Mrs. Nick Barrera, Howard
Bright, Ron and Rhonda Barrage, Betty Cerrone and a number of citizens.
2. Reverend Oliver Stillwell -Assembly of God Church delivered the Invocation.
3. Council considered approving the minutes of the Regulaz Meeting and Special Called
Workshop Meeting on June 26, 2000.
Motion was made by Councilperson Clazke to approve the minutes of the Regular
Meeting and Special Called Workshop Meeting of June 26, 2000 as presented. Second
by Councilperson Sutherland. The motion carried.
Ayes: Sutherland, Porter, Gay, Young, Clarke, and Malone.
Nays: None
Abstain: Ebow
4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND
TAXPAYERS WISHING TO ADDRESS COUNCIL.
The following citizens addressed City Council.
Hazold C. Bright, >'eazland Texas - Mr. Bright addressed Council regazding concerns
about journeyman license issued by the City of La Porte's Building Division.
Ron and Rhonda Barrage - 1409 Bayou Glen Dr., La Porte, Texas - Mr. and Mrs.
Barrage addressed council about concerns with the City of La Porte's Building Division.
They advised council they were given verbal approval to proceed forward with a building
on their property. They were later informed by an inspector that they could not continue
because of set back restrictions. They further informed Council they were seeking a
variance on the set back requirements for their property.
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7/10/00 City Council Minutes -Page 2
Betty Cerrone - 9414 Cazlow, La Porte, Texas 77571- Ms. Cerrone informed City
Council of a recent sewer problem at her home. She requested Council to inform her
what sewer services were included in the sewer fees she paid.
Mr. Herrera informed Council that Ms. Cerrone had filed a claim with the City's
insurance carrier Texas Municipal League and the claim had been denied.
Nick Barrera - 9510 Cazlow, La Porte, Texas 77571- Mr. Barrera informed Council he
had the same concerns about sewer service as Ms. Cerrone. He requested a schedule of
sewer maintenance so he would be able to view the work being done.
5. PRESENTATIONS
A. La Porte Soccer Club/Moorhouse Construction Company Inc. Duector of Pazks
& Recreation Stephen Barr presented plaques to James Crowley, Vice President
Moorhouse Construction Company, Neal Kinard, President La Porte Soccer Club
and Randy Sayers, Past President, La Porte Soccer Club. In addition the City
presented the La Porte Soccer Club with a $15,000 check to pay for the City's
share of the construction costs.
B. Retirement -Robert Alan Svoboda -Police Chief Richard Reff recognized the
retirement of Robert Alan Svoboda and presented him with a watch.
6. Council considered approving an ordinance authorizing a contract between the City of La
Porte and La Porte Independent School District ,for the City of La Porte to provide the
tax collecting operation of the La Porte Independent School District
Director of Finance Cynthia Alexander presented summary and recommendation.
City Attorney read: ORDINANCE 2000-2417 - AN ORDINANCE APPROVING AND
AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND LA
PORTE INDEPENDENT SCHOOL DISTRICT, FOR THE CITY OF LA PORTE TO
PROVIDE THE TAX COLLECTING OPERATION OF THE LA PORTE
INDEPENDENT SCHOOL DISTRICT; MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE
OPEN MEETING LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
Second by Councilperson Ebow. The motion carried.
Ayes: Sutherland, Ebow, Porter, Gay, Young, Clarke, and Malone.
Nays: None
Abstain: None
7. Council considered approving an ordinance amending Chapter 6, Section 6-78 of the
Code of Ordinances of the City of La Porte, by adding an area at a restaurant where wine
and/or beer for consumption on the premises maybe sold, Texas Grill.
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City Council Minutes 7-10-00- Page 3
City Secretary Martha Gillett presented summary and recommendation to approve an
alcohol permit for Texas Grill and answered Council's questions.
City Attorney read: ORDINANCE 1000-1-H - AN ORDINANCE OF THE CITY OF
LA PORTS, TEXAS, AMENDING CHAPTER 6, SECTION 6-78 OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTS, BY ADDING AN AREA AT A
RESTAURANT WHERE WINE AND/OR BEER FOR CONSUMPTION ON THE
PREMISES MAY BE SOLD; FURTHER PROVIDING A SAVINGS CLAUSE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Motion was made by Councilperson Ebow to approve the Ordinance 1000-1-H as
presented by Ms. Gillett. Second by Councilperson Gay. The motion carried.
Ayes: Sutherland, Ebow, Porter, Gay, Young, Clarke, and Malone..
Nays: None
Abstain: None
8. Council considered approving an ordinance appointing members of the Board of
Directors of City of La Porte Reinvestment Zone Number One.
City Attorney Knox Askins presented summary and recommendation and answered
Council's questions.
City Attorney read: ORDINANCE 2000-2418 - AN ORDINANCE APPOINTING
MEMBERS OF THE BOARD OF DIRECTORS OF CITY OF LA PORTS
REINVESTMENT ZONE NUMBER ONE; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; PROVIDING FOR AN EFFECTIVE DATE.
Motion was made by Councilperson Clarke to approve the Ordinance 2000-2418 as
presented by Mr. Askins and leave Position 5 vacant until recommendations could be
made by City Council members and approved at a future meeting. Second by
Councilperson Sutherland. The motion carried.
Ayes: Sutherland, Ebow, Porter, Gay, Young, Clarke, and Malone.
Nays: None
Abstain: None
9. ADMINISTRATIVE REPORTS
City Manager Robert T. Herrera reminded Council of the following events:
A. CITY AUCTION WITH THE CITY OF LA PORTS AND THE CITY OF
DEER PARK -JULY 22, 2000
In addition, Mr. Herrera informed City Council the budget workshop meetings will be
held August 14 through 18, 2000. He informed Council if they wanted to attend their
Mayor and Council Association Meeting on Thursday, August 17, 2000 that they would
cancel budget sessions that evening and continue on Friday, August 18,2000. Lastly, he
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City Council Minutes 7-10-00 -Page 4
advised City Council there would be a regular Council Meeting on Monday, August 14,
2000 before the workshop budget session begins.
10. COUNCIL ACTION
Councilperson Porter, Ebow, Sutherland, Engelken, Gay, Clarke and Mayor brought
items to Council's attention.
Mr. Engelken arrived at 6:45 p.m.
11. EXECUTIVE SESSION -PURSUANT TO PROVISION OF TAE 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. 551.072 (CONSULTATION WITH ATTORNEY)
Meet with City Attorney and City Manager to discuss land acquisition.
B. 551.074 (PERSONNEL MATTER)
Meet with City Manager to discuss upcoming evaluation process for City
Manager.
Council retired into Executive Session at 6:49 P.M. under Section 551.071 (Consultation
with Attorney) and Section 551.074 (Personnel Matter).
Council adjourned Executive Session at 7:56 P.M.
Council returned to the table at 7:58 P.M., with no action taken.
12. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED IN
EXECUTIVE SESSION
There was no action taken.
13. ADJOURNMENT
There being no further business to come before Council, the Regular Meeting was duly
adjourned at 8:00 P.M.
Respectfully submitted,
~G~~fii~.~~2'~~/
Martha Gillett
City Secretary
City Council Minutes 7-10-00 -Page 5
Passed and approved on this 24th day of July 2000.
i~~~~ ~~-
rman Malone, Mayor
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Cit of La Porte •
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Administrative Services Department
Human Resources Division
Interoffice Memorandum
July 5, 2000
To: Martha Gillett, City Secretary
From: Lorie Doughty, Human Resources Manager
Subject: Council Agenda Item, July 10"' 2000
Retiree: Robert Alan Svoboda
Please include the following employee retirement presentation on the Agenda for the Council
Meeting scheduled on July 10'h, 2000.
Robert Alan Svoboda: 11 years
Alan began his career with the City as a Patrol Officer in January of 1989. In January of 1998
he was transferred to the DOT program. Over the years as an Officer for the City of La Porte
Alan continually received excellent reviews. It was noted that Alan was a very dedicated,
aggressive, valuable asset to his team whose abilities are greatly appreciated by his
supervisors. Alan was also rated as consistently one of the top performers and has an excellent
attitude toward his profession, with his public presence being a credit to the Department. When
Alan transferred to the DOT program, again he was rated consistently the high performer in the
DOT Unit whose abilities are such he would excel at any assignment he was given.
Good luck Alan, we wish you the very best in your future endeavors!
Cc: Louis Rigby
Chief Richard Reff
Assistant Chief Aaron Corrales
Personnel File
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RE~EST FOR CITY COUNCIL AGENDA~M
AGENDA DATE July 12, 2000 REQUESTED BY: Cynthia Alexander, Director of Finance
REPORT
RESOLUTION
XXX ORDINANCE;
In July 1994, the City entered into a contract with the LaPorte Independent School District to assume
it's Tax Collection operations. Under the terms of this contract, the City collects current and
delinquent ad valorem taxes for the District through our Tax Assessor/Collector and the LaPorte Tax
Office, and performs all related duties.
The services performed include, but are not limited to: (1) Receipt of the Certified Appraisal Roll
from the Harris County Appraisal District(HCAD); (2) Receipt and processing of all Correction and
Supplemental Tax Rolls, (3) Provision of Tax Roll and payment data to mortgage companies,
property owners and tax representatives; (4) Truth in Taxation calculations and public notices; (5)
Deposit of Taxes collected into District account; and (6) Compilation and mailing of Tax billing
notices.
This relationship has worked out extremely well, and we believe it to be a tremendous benefit to our
citizenry. Not only do they get the convenience of paying both their City and School taxes in one
place, they also get the added benefit of having their tax dollars support only one Tax Collection
operation.
Staff is recommending that we renew this contract for a three year period, to continue on a year to
year basis thereafter. The City currently receives $3.60 for each separate assessed item on the
Districts certified roll, as reported by the Harris County Appraisal District on its first roll. There are
approximately 19,500 accounts, and the City currently receives approximately $70,000 per year for
these services.
This contract increases the compensation by twenty-five cents ($0.25) per item per year, with a
cap of four dollars and thirty-five cents in the third year of the contract.
Fiscal Year 2000-01 $3.85
Fiscal Year 2001-02 $4.10
Fiscal Year 2002-03 $4.35
The City expects to receive approximately $75,000 in Fiscal Year 2001, $79,000 in Fiscal Year
2002, and $84,000 in Fiscal Year 2003.
ACTION REQUIRED BY COUNCIL:
Approve and authorize a contract between the City of La Porte and La Porte Independent
School District for Tax Collection Operations.
FUND N/A ACCT NUM:
APPROVED FOR CITY COUNCIL AGENDA
ROBERT T. HERRERA, CITY MANAGER
FUNDS AVAILABLE:
"7 -to - OJ
DATE
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ORDINANCE NO.00 - a'F ~ n
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT
BETWEEN THE CITY OF LA PORTE AND LA PORTE INDEPENDENT
SCHOOL DISTRICT, FOR THE CITY OF LA PORTE TO PROVIDE THE TAX
COLLECTING OPERATION OF THE LA PORTE INDEPENDENT SCHOOL
DISTRICT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO
THE SUBJECT; FINDING COMPLIANCE. WITH THE OPEN MEETING 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 Secretazy is hereby
authorized to attest to all such signatures and to affix the seal of the city to all such
documents.
Section 2. The City Council officially finds, determines, recites, and declares that
a sufficient written notice of the date, hour, place and subject of this meeting of the City
Council was posted at a place convenient to the public at the City Hall of the city for the
time required by law preceding this meeting, as required by the Open Meetings Law,
Article 6252-17, Texas Revised Civil Statues Annotated: and that this meeting has been
open to the public as required at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the contents and posting
thereof.
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ORDINANCE NO 00- ~l~
PAGE 2
Section 3. This ordinance shall be effective from and after its passage and
approval, and it is so ordered.
PASSED AND APPROVED, THIS 1Q.th DAY OF July, 2000.
City of La Porte.
B ~l ~v~
Y•
Orman L Malone, Mayor
ATTEST:
"~~1a...,rd~.~~cG~.
Martha Gillett, City Secretary
W. Askins, City Attorney
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STATE OF TEXAS
COUNTY OF HARRIS
TAX COLLECTION AGREEMENT
THIS AGREEMENT for tax collection is entered into between the City of La Porte, Texas, a municipal corporation,
hereinafter called "City", and the La Porte Independent School District, hereinafter called "District", acting hewn by
and through their governing bodies; and it is hereby agreed as follows:
I. GENERAL SCOPE OF SERVICE
The City hereby agrees to collect current ad valorem taxes and delinquent ad valorem taxes for the District through its
tax collector and tax office, and to act as the collection agenry for the district, performing all such duties related thereto.
The services performed shall include, but not be limited to: receiving information from the Hams County Appraisal
District (HCAD) for purposes of the Certified Appraisal Roll and monthly changes thereto; providing tax roll and
payment data to mortgage companies, property owners and tax representatives; providing aIl necessary assessments of
taxes and Tn3th in Taxation calculations; and periodic deposits of payments into Districts account
II. BILLINGS
The City will send billing notices to die District's accounts in accordance with applicable state laws. The City will mail
original b~71s on behalf of the District in October followed by delinquent bills mailed is February and May. The City will
take necessary steps to assure that billings are timely and accurate. Both the City and the District recognize the accurary
and timeliness of billings is dependent upon information received from the HCAD.
III. DEPOSIT AND REFUND OF FUNDS
Funds collected by the City on behalf of the District will be made on a dady basis into an account specified by the
District City assumes no responsibility for the funds once they have been deposited into the Districts account The
District recognizes its responsibility for assuring its bank balances are fully collateralized in accordance with appropriate
state laws. City will notify District of such deposit amounts via telephone or fax each day a deposit is made. Refunds of
previously paid funds caused by changes in the tax roll as reported by the HCAD will be made is accordance with
applicable state laws. Refunds of previously paid funds will be offset against future funds deposited. Funds that have
been deposited in the District account as collected that later are deemed uncollected by the City's bask will be offset
against future funds deposited. The City will perform the collection of such funds in the same manner the City follows
to collect similar funds it is due.
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N. REPORTS
The City will provide the District the following reports:
Periodic: Billing amounts created by the original roll or monthly updates from HCAD.
Weekly. Summary totals of the previous week's collections/deposits
Monthly: Summary totals of all monthly transactions with recondliations to previously reported
balances.
Annual: Paid Tax Roll
Delinquent Tax Roll
The City will provide the District with any specialized reports the District might require, if requested in writing. City will
provide said specialized reports for the District at a cost of $40.00 per hour spent compiling said specialized reports.
v. AUDIT
The City will provide to the District auditor necessary explanation for all reports and access to the District records kept
and maintained by the City. Ia addition, if requested. in writing by the District, City will pmvide audit schedules for the
District at a cost of 940.00 per hour spent compiling said schedules.
In performing the services required wader this 'Agreement, the City shall comply with all applicable federal; and state
statues, case law, opinions of the Texas State Attorney General, Court orders and Comptroller regulations. If such
compliance is impossible for reasons beyond its control, the City shall immediately notify the District of that fact and the
reasons therefor.
vII. DELINQUENT COLLECTIONS
The City shall assess and collect the )?fifteen percent (15%) collection fee pursuant to Section 33.07 of the Property Tax
Code, when permitted by law. The City wi71 disburse the amount du+ectly to the flan the District has contracted with for
it Delinquent Tax Collections.
The City and the District currently utilize the same firm as their individual Delinquent Collection Attorney. Upon
expiration of the Attorneys contract, continuance with the firm or selection of a new firm can be made separately by the
respective governing bodies of the City or the District. However, recommendations for selection of one firm to provide
tax collection services for both the City and the District may be made by a committee consisting of two City Council
Members and two District Trustees. Staff will recommend the aforementioned committee qualified candidates.
~!_ _ _+-~- • - -~ _~ - u _ .~ Ill
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This agreement shall be for a bean of three (3) years, commencing on August 1, 2000 and continuing through July 31,
2003. Either party may cancel this agreement by providing 180 days written notice to the presiding officer of the
governing board of the other party. After the expiration of the three-year term, the agreement will automatically renew
on a year to year basis unless terminated pursuant to this provision.
IX. COMPENSATION
The City hereby agrees to accept as compensation and the District hereby agrees to pay to the City as fiill compensation,
the sum of Three Dollars and Eighty-five Cents (;3.85) for each separate assessed item on the Districts certified roll, as
reported by the HCAD on its first roll and includes both those accounts certified and uncertified, for the 2000-O1
District fiscal year. The compensation shall increase each year by twenty-five cents ($0.25) for each separate assessed
item with a cap of four dollars and thirty-five cents ($4.35) in the third year (2002-03 fiscal year) of the contract. City
shall invoice District, and District shall pay City by Febnaary 28~ for the tax year just billed. City may retain all bees
received for issuance of such District tax accounts, to compensate for the cost of the issuance of such tax certificates.
WITNESS OUR HANDS, this 13thiay of .tune .2000.
i
Mr. Gordon Westmoreland, President Mrs. Henrietta Allen, Secretary
Board of Trustees Board of Trustees
~~ ~ LGt17]~•~/~~~
Mayor Norman Malone, City of La Porte Mrs. Martha Gillette, City Secretary
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REOUEST~R CITY COUNCIL AGENDA ITEl~
Agenda Date Requested: Ju1~+ 10 2000
Requested By: M. CnllettD/ep~a ent: Administration -City Secretary
Report Resolution X Ordinance
Exhibits: Ordinance 1000-1-H
SUMMARY & RECONIMENDATION
Ordinance 1000-1-H, if approved, would allow a new applicant to sell beer on-premise. The City has processed the new
application of Texas Grill and has determined that it meets qualifications as outlined in Ordinance 1000-1. The permit
will be issued in the name of Melvin Walker -Texas Grill.
Ordinance 1000-1-will be amended by adding the following:
STREET ADDRESS OF THE PROPERTY: 2219 B. Underwood Road, Harris County, Texas 77571.
LEGAL DESCRIPTION OF THE PROPERTY: TRACT 490-A. La Porte Outlot, Town of La Porte, Harris
County, Tx.
PROPERTY OWNER: Abu-Sada Mahmoud
NAME OF APPLICANTS: Melvin Walker
ADDRESS OF APPLICANT: 2126 Whatley Drive, Deer Park, Harris County, Texas 77536
TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: B + M Group, Inc. d/b/a "Texas Grill"
Action Required by Council:
Consider approval of Ordinance 1000-1-H.
Availability of Funds:
_ General Fund_ Water/Wastewater
Capital-Improvement General Revenue Sharing
Other
Account Number: Funds Available: _ YES _ NO
Aaproved for Citv Councilfor Citv Council Agenda
Robert T. Herrera Date
City Manager
• •
ORDINANCE N0. 1000-1-H
AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, AMENDING CHAPTER 6,
SECTION 6-78 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY
ADDING AN AREA AT A RESTAURANT WHERE WINE AND/OR BEER FOR
CONSUMPTION ON THE PREMISES MAY BE SOLD; FURTHER PROVIDING A
SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE:
WHEREAS, the City of La Porte has, in Chapter 6 of the Code of Ordinances of
the City of La Porte, regulated the location, closing hours, and sale of wine and/or beer
on premises in accord with provisions of Texas Codes Annotated, Alcoholic Beverage
Code, Chapter 105, Section 105.05 and Section 105.06; and in accord with the
provisions of Texas Codes Annotated, Alcoholic Beverage Code, Chapter 109,
Subchapter C, Section 109.31 et seq; and
WHEREAS, the Code of Ordinances of the City of La Porte expressly limits the
locations at which wine and/or beer may be sold in the City, and further expressly
identifies the names of establishments and permit holders authorized to sell wine and/or
beer under the terms of said Code; and
WHEREAS, a new applicant desires to sell wine and/or beer at a location not
previously permitted in the Chapter 6 of the Code of Ordinances of the City of La Porte;
and
WHEREAS, the City has, pursuant to the terms of said Code, made its
investigation to ascertain whether said new applicant has qualified for a beer and/or
wine permit from the City; and
WHEREAS, the City has determined that the new applicant qualifies for a beer
and/or wine permit from the City;
Ordinance No. 1000-1-~ •
Page 2
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF LA PORTE:
Section 1. Chapter 6, Section 6-78 of the Code of Ordinances of the City of La Porte is
hereby amended by granting a new permit for the operation of a restaurant, as defined
in said Code, at the following location, which permit shall be personal to the applicant,
and non-transferable, and shall be further conditioned that the permittee shall comply
with the provisions ~ of the Texas Alcoholic Beverage Code, and all other applicable
federal; state, and local laws and ordinances, including other provisions of this
ordinance and the Code of Ordinances of the City of La Porte;
STREET ADDRESS OF PROPERTY: 2219 B Underwood Road, La Porte,
Harris County, Texas 77571
LEGAL DESCRIPTION OF PROPERTY: ~ TRACT 490-A. La Porte Outlot, Town of
La Porte, Harris County, TX
PROPERTY OWNER: Abu-Sada Mahmoud
NAME OF APPLICANT: Melvin Walker
ADDRESS OF APPLICANT: 2126 Whatley Drive, Deer Park, Harris County, Texas
77536
TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: B + M Group, Inc.,
d/b/a "Texas Grill"
Section 2. It is the intent of the City Council of the City of La Porte that this
Ordinance merely permit the sale of wine and/or beer during the hours set by the
general laws of the State of Texas by retailers selling wine and/or beer for consumption
on premises at the locations established in Section 1 of this Ordinance. This Ordinance
is not an attempt to create zoning or other land use rights in property owners at said
location, such that the provisions of Chapter 106 of the Code of Ordinances of the City
of La Porte, the City of La Porte Zoning Ordinance, together with all amendments
thereto (as such provisions impose standards on premises or businesses within the City
Ordinance No. 1000-1-~ •
Page 3
of La Porte, regardless of whether such business or premises are required to have a
license or permit under the Texas Alcoholic Beverage Code) govern and supersede the
provisions of this Ordinance, in the event of a conflict between this Ordinance and the
provisions of the Zoning Ordinance and amendments thereto. This application for wine
and/or beer for consumption on premises shall be subject to the provisions of:
a. The Texas Alcoholic Beverage Code;
b. Chapter 6 of the Code of Ordinances of the City of La Porte;
c. This Ordinance insofar as this Ordinance does not conflict with the provisions
of the Texas Alcoholic Beverage Code; and
d. The Zoning Ordinance of the City of La Porte, and all amendments thereto,
as such provision apply to all businesses within the City of La Porte,
regardless of whether or not such businesses are required to obtain a license
or permit under the provisions of the Texas Alcoholic Beverage Code.
Section 3. If any section, sentence, phrase, clause, or any part of any section,
sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid,
such invalidity shall not affect the remaining portions of this ordinance, and it is hereby
declared to be the intention of this City Council to have passed each section, sentence,
phrase or clause, or part thereof, irrespective of the fact that any other section,
sentence, phrase or clause, or part thereof, may be declared invalid.
Section 4. The City Council officially finds, determines, recites and declares
that a sufficient written notice of the date, hour, place and subject of this meeting of the
City Council 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.
Ordinance No. 1000-1-_~ •
Page 4
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 5. This Ordinance shall be effective from the date of its passage and
approval, and it is so ordered.
PASSED AND APPROVED this the ~ day of ~ ( , 2000.
CITY OF LA PORTE
rman L. alo ,Mayor
ATTEST:
Mart a Gillett,
City Secretary
• •
PUBLIC NOTICE
ORDINANCE 1000-1-H
AN ORDINANCE OF THE CITY OF LA PORTS, TEXAS, AMENDING CHAPTER 6,
SECTION 6-78 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTS, BY
ADDING AN AREA AT A RESTAURANT WHERE WINE AND/OR BEER FOR
CONSUMPTION ON THE PREMISES MAYBE SOLD; FURTHER PROVIDING A
SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE..
CITY OF LA PORTS
s/Norman L. Malone, Mayor
ATTEST:
s/Martha A Gillett, City Secretary
APPROVED:
s/Knox W. Askins, City Attorney
• •
• •
ORDINANCE NO. 2000-a~ll~
AN ORDINANCE APPOINTING MEMBERS OF T8S BOARD OF DIRECTORS OF CITY
OF LA FORTE REINVESTMENT ZONE NOMBER ONE; FINDING COMPLIANCE WITS
THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA FORTE:
Section 1. The City Council of the City of La Porte hereby
nominates and appoints the following persons to serve as members of
the Board of Directors of the City of La Porte Reinvestment Zone
Number One, for the term beginning on the effective date hereof,
and expiring on the date opposite their names, or until their
successor shall have been duly appointed and qualified, to-wit:
Position 2
Position 4
Position 5
Position 6
Position 8
Position 9
- Deotis Gay
- Horace Leopard
- V/4CRtil ~
- Lindsay Pfeiffer
Chester Pool
July 12, 2002
July 12, 2002
July 12, 2001
July 12, 2002
July 12, 2002
Section 2.
John Black July,12, 2001
(Harris County Appointment)
The City Council officially finds,~determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
•
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 10th day of July, 2000.
ATTEST:
~ (it .
Martha A. Gil ett
City Secretary
CITY OF LA PORTE
By:
o an a ne
Mayor
2
City Attorney
.,., , .
1' 4::' 61
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{ 71~i:. ~f. r~ h aY 17. .hh rel. .{l' .i~~l~i.. ~P~~~.,,.,, `r YI,. ~~I~..11 '' `191. "L' t;•
June 9, 2000
TO: Mayor and City Co -
FROM: John Joerns,
SUBJECT: Tax Increment Reinvee$t Zone Boazd (TIRZ)
Re: Memos June 7 and une 12
At the Mayor's request, I informed City Council of 4 TIRZ positions that will expire July 12,
in addition to a resignation received from Guy Rankin.
Expiring
Position No. Current Appointee
Position 2 Deotis Gay
Position 4 Horace Leopazd
Position 6 Lindsay Pfeiffer
Position 8 Chester Pool
Resignation
Position No.
Position 5
New Expiration Date
July 12, 2002
July 12, 2002
July 12, 2002
July 12, 2002
Expiration Date
July 12, 2001
The June 7 memo asked that Council advise either my office or City Secretary's office of
recommendations by June 19.
To date, we have received only one response for appointment to the Boazd. Councilman Guy
Sutherland suggested Jeff Litchfield for the vacant position. I contacted Mr. Litchfield on
behalf of the Mayor to see if he was interested in serving. Mr. Litchfield declined at this
time. Of the 4 current Boazd members 3 have expressed a willingness to serve. Mr. Pfeiffer
is on vacation until this Wednesday. We will contact him when he returns.
Based on conversation with Mayor Malone we will prepare, for Council's consideration, an
ordinance reappointing the current Board members since no other recommendations were
received. At this time, Council still needs to consider an appointment for the vacant position.
~`" ~Lj t C~.. ~Z~s /Yl ~ rn ~ lv~GS lU~i f/C rt u'~'
~tl ~~ d~e_ i.s ct I ~c Gc.~~ t l ~ ,1 c~ -~, ,~~,~;,~ .
c: Robert T. Herrera, City Manager
Martha'Gillett, City Secretary
~~~c rr•e ~~vn~~t ~ ~i~7i~5~L J /~~;,~fe~`
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• •
MEETIl~TG HANDOUTS
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Subject on which I wish to speak:
• •
i
RON aad RHONDA BURRAGE
1409 Bayou Glen Drive
La Poste, Texas ?7571
(281 867-1151
W: Rhonda (281( 333-4177, Roa (?13( 616-6244
July 9, 2000
Dear City of La Porte City Council Members:
On Apri128, 2000, we purchased (from the City) a little over 3 acres of land off D
street in Lomax. The property has a pipeline running right through the middle of it.
It had three dilapidated barns, a horse corral, a "Morgan" building that had the roof
blown off of it and was standing in the air almost twenty feet, weeds and trees so
thick and tall that you could not even see these other structures. Immediately upon
closing, we were told (by the Fire Marshall) that we had to remove the barns as they
were a safety hazard. We found out that kids had been loitering on the property and
several fires had been started. We immediately hired a demolition company to
remove the structures and we began clearing the land of the monster weeds and
trees. We worked nonstop to make the property civilized. After being told we only
needed to put the tree limbs, etc at the curb on certain days and the city would pick
them up (from an employee in the waste department), we found out that the City did
not pick up trash from vacant lots. Once we finalized our plans, we were given
permission to start excavating on a building and then told after the fact that the
plans were not acceptable. These are just a few of the contradictory encounters we
have had with the City while trying to get our "plan" underway.
We now own three properties in La Porte -all of which we pay utilities and taxes on.
Our plan was to build a home on this acreage that would accommodate our needs so
we could sell the other properties. Our plan will greatly improve the property on D
street as it will eventually have meandering gardens, a stocked catfish pond, a home,
garage and an "accessory" building. The accessory building will house a couple of
"classic" cars, a tractor, boat, four wheeler, lawn mowing equipment, etc -just like
any other garage.
Our first plan was to build an accessory building that would house the equipment
and materials needed to build the house and garage (for security purposes).
However, we were told we would have to build the house first or at least obtain a
permit for it all at once. We began the permitting process the end of May. After
MANY revisions to our plan to conform to City standards, Ron met with James Lanor
in the City of La Porte Inspections Department (at 2:00 p.m.). He submitted our final
survey and building drawings of the proposed site locations for the home, garage and
accessory building. Mr. Lanor reviewed the drawings and gave permission to start
excavation. He told Ron that the permit would be ready on Monday, July 3rd.
Construction was started; beams dug, forms erected, sand leveled, plastic liner laid
out and rebar steel installed -ready to pour the concrete.
~. • •
On Monday, July 3rd, Ron received a call from Mr. Lanor at 10:00 a.m. and was told
that after further review of the submitted plans, work had to stop and the location of
the accessory building had to be changed because (even though garages can go six
feet from the property line) accessory buildings had to be thirty feet from the property
line and our building was about ten feet to close! Keep in mind that the pipeline
running through the middle of the property limits our building space. A meeting was
set for 2:00 p.m. to discuss "alternatives" to moving the proposed building. No
agreement could be reached so Ron filed a residential variance request in hopes that
we could resolve this matter without having to remove what had already been put
into place. We were told that the City Council had to approve all variance requests.
Therefore, we are requesting that the City Council grant a variance to us for the
setback requirement of thirty feet. We were given permission to begin the work so in
an act of good faith, we spent a lot of money and performed back breaking labor in an
effort to get the process rolling. This was PRIOR to being notified that "after further
review" the plans were actually "not acceptable".
We will be glad to meet with any council members who are interested and show them
the planned improvements and how this variance will not impact anyone. As a
matter of fact, throughout the area you can see many deviations from City code -
some too new to be "grandfathered". We are willing to conform to city requirements
on any further construction but in the case of the accessory building, we honestly
feel we were led to believe our plan was fine, began construction and told "after the
fact" that our plan required changes.
Thank you for your time and consideration on our behalf. We truly believe that we
have acted in good faith and have taken the word of City officials in good faith.
Regardless of the additional expense and labor involved in moving the building, the
pipeline presents another dilemma if are required to move it.
Should you have questions or need additional information, please feel free to give
either one of us a call at the numbers listed above.
Sincerely,
Ron and Rhonda Burrage
•
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