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HomeMy WebLinkAbout2001-08-13 Regular Meeting and Workshop Meeting e - e e MINUTES OF THE REGULAR MEETING AND WORKSHOP MEETING OF LA PORTE CITY COUNCIL AUGUST 13,2001 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, Howard Ebow, Peter Griffiths, James Warren, Charlie Young, Jerry Clarke, and Norman Malone. Members of Council Absent: AIton Porter Members of City Executive Staff and City Employees Present: Assistant City Attorney John Armstrong, Assistant City Manager John Joerns, City Secretary Martha Gillett, Finance Director Cynthia Alexander, Interim Director of Administrative Services Carol Buttler, Parks and Recreation Director Stephen Barr, Assistant Parks and Recreation Director James Eastep, Public Works Director Steve Gillett, Emergency Services Director Joe Sease, Planning Director Doug Kneupper, Police Chief Richard Reff, Lieutenant Ron Parker, Planning Coordinator Masood Malik, and Engineer I Carlos Martinez. Others Present: Charlie Perry, Marvin C. Summer, Mark Marino, John Oliver, Paul Larson, Sue Gail Kooken, Dave Turnquist, Nazar Momin, Mike Mosteit, Sib Carpenter, Spero Pomonis, Nick Barrera, Charles Underwood, Robert McKinney, and a number of citizens. 2. Reverend, Fran Foger of First United Methodist Church delivered the invocation. 3. Council considered approving the minutes of the Regular Meeting on July 23,2001. Motion was made by Councilperson Ebow to approve the minutes of the Regular Meeting on July 23.2001 as presented. Second by Councilperson Engelken. The motion carried. Ayes: Sutherland, Engelken, Ebow, Warren, Young, Clarke, and Malone. Nays: None Abstain: None 4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND T AXP AYERS WISHING TO ADDRESS COUNCIL. The following citizens addressed City Council. Marvin C. Summer - 5008 Lockwood Houston, TX 77026 addressed council concerning the closing of North 2nd Street and the alley located in blocks 328 and 329 adjacent to Barbous Cut Blvd. e e City Council Minutes 8-13-01 - Page 2 Mark Marino III - 904 W. Barbous Cut La Porte, TX 77571 provided council with an article published by the Bayshore Sun regarding small pollution caused by diesel trucks and expressed his concerns regarding additional trucks in the area. Marvin Summers - 5008 Lockwood Dr. Houston, TX 77026 provided council with a street and alley closing request packet, and encouraged council to approve the request. Councilperson Peter Griffiths arrived at 6: 1 0 PM. 5. PRESENTATIONS Yvonne Stanley was presented with Employee of the Quarter for the 2nd Quarter of2001. Chief Reff and Lieutenant Ron Parker presented Ms. Stanley with the award. 6. Council considered approving a resolution restricting the development of certain parcels of land intended to be acquired by the City (or others) for drainage improvement purposes. Planning Director Doug Kneupper presented summary and recommendation and answered Council's questions. Assistant City Attorney read: RESOLUTION 2001- 06 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, PLACING A MORATORIUM ON THE ACCEPTANCE FOR FILING AND THE ISSUANCE OF BUILDING PERMITS AND ALL OTHER DEVELOPMENT PERMITS FOR NEW CONSTRUCTION IN THE AREA DESIGNATED FOR RIGHT -OF- WAY ACQUISITION FOR HARRIS COUNTY FLOOD CONTROL PROJECT F216-00-00; PROVIDING THAT SUCH MORATORIUM SHALL EXPIRE AFTER 180 DAYS OR DISPOSITION OF RIGHT-OF-WAY ACQUISITION PROCEEDINGS, WHICHEVER COMES FIRST; PROVIDING FOR SPECIAL EXCEPTIONS IN THE EVENT OF HARDSHIP; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. Motion was made bv Councilperson Engelken to approve Resolution 2001- 06 as presented by Mr. Kneupper. Second by Councilperson Sutherland. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Warren, Clarke, Young, and Malone Abstain: None 7. Council considered approving a resolution authorizing the acquisition of rights-of-way for road right-of-way purposes, for the construction of Bay Area Boulevard. Planning Director Doug Kneupper presented summary and recommendation and answered Council's questions. e e City Council Minutes 8-13-01 - Page 3 Assistant City Attorney read: RESOLUTION 2001-07 - A RESOLUTION AUTHORIZING THE ACQUISITION OF RIGHTS-OF- WAY FOR ROAD RIGHT- OF - WAY PURPOSES, FOR THE CONSTRUCTION OF BAY AREA BOULEVARD FROM APPROXIMATELY 500 FEET NORTH OF SPENCER HIGHWAY TO APPROXIMATELY 500 FEET SOUTH OF FAIRMONT P ARKW A Y, IN THE CITY OF LA PORTE, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Clarke to approve Ordinance 2001-07 as presented by Mr. Kneupper. Second by Councilperson Warren. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Warren, Young, Clarke, and Malone. Nays: None Abstain: None 8. Council considered approving an ordinance establishing guidelines to be followed by the Redistricting Committee. Assistant City Attorney presented summary and recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCE 2001-2502 - AN ORDINANCE DETERMINING THE POPULATION OF EACH OF THE COUNCIL DISTRICTS AND DETERMINING THAT THE POPULATION OF THE RESPECTIVE EXISTING CITY COUNCIL DISTRICTS ARE MATERIALLY UNBALANCED; DIRECTING THE REDISTRICTING COMMITTEE OF THE CITY OF LA PORTE TO DRAW NEW SINGLE-MEMBER CITY COUNCIL DISTRICTS IN ACCORDANCE WITH CRITERIA ESTABLISHED HEREIN; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Ebow to approve Ordinances 2001-2502 as presented by Assistant City Attorney. Second by Councilperson Engelken. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Warren, Young, Clarke, and Malone. Nays: None Abstain: None. 9. Council considered approving an ordinance authorizing the City Manager to execute a contract with Peltier Brothers Construction, Inc. in the amount of $172,200 with contingency of $1 0,000. Public Works Director Steve Gillett presented summary and recommendation and answered Council's questions. e e City Council Minutes 8-13-01 - Page 4 Assistant City Attorney read: ORDINANCE 2001-2503 - AN ORDINANCE APPROVING AND AUTHORIZING; A CONTRACT BETWEEN THE CITY OF LA PORTE AND PELTIER BROTHERS CONSTRUCTION, FOR IMPROVEMENTS TO LIFT STATION 40, APPROPRIATING $172,200.00 PLUS A CONTINGENCY OF $10,000.00, TO FUND SAID CONTRACT MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Clarke to approve Ordinance 2001-2503 as presented by Mr. Gillett Second by Councilperson Young. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Warren, Young, Clarke, and Malone. Nays: None Abstain: None 10. Council considered approving an ordinance authorizing the Mayor to execute an Operator's Agreement between the City of La Porte and the La Porte Area Water Authority. Public Works Director Steve Gillett presented summary and recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCE 2001-2504 - AN ORDINANCE APPROVING AND AUTHORIZING; AN OPERATOR'S AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE LA PORTE AREA WATER AUTHORITY MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Ebow to approve Ordinance 2001-2504 as presented by Mr. Gillett. Second by Councilperson Griffiths. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Warren, Young, Clarke, and Malone. Nays: None Abstain: None 11. Council considered approving an ordinance to vacate, abandon and close the alleys in Blocks 328 & 329, and to also authorize execution of a Street & Alley Closing Agreement with the applicant. Planning Director Doug Kneupper presented summary and recommendation and answered Council's questions. e e City Council Minutes 8-13-01 - Page 5 Assistant City Attorney read: ORDINANCE 2001-2500 - AN ORDINANCE V ACA TING, ABANDONING AND CLOSING THE ALLEYS IN BLOCKS 328 AND 329, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, AND A PORTION OF THE RIGHT-OF-WAY OF NORTH 2ND STREET, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Young not to approve closing the alleys in Blocks 328 and 329 as presented by Mr. Kneupper Second by Councilperson Warren. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Warren, Young, Clarke, and Malone Nays: None Abstain: None 12. Council considered approving a recommendation from the La Porte Redevelopment Authority to fund a master watershed plan for land within the Tax Increment Reinvestment Zone Number One and in Taylor Bayou Watershed. Assistant City Manager John Joerns presented summary and recommendation and answered Council's questions. Motion was made by Councilperson Griffiths to approve recommendation as presented by Mr. Joerns Second by Councilperson Ebow. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Warren, Young, Clarke, and Malone Nays: None Abstain: None 13. Council considered approving the purchase of a Frazer Ambulance through HGAC in the amount of $94,305.79. Emergency Services Director Joe Sease presented summary and recommendation and answered Council's questions. Motion was made bv Councilperson Ebow to approve the purchase of a Frazer Ambulance as presented by Mr. Sease Second by Councilperson Engelken. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Warren, Young, Clarke, and Malone Nays: None Abstain: None 14. The workshop meeting was called to order by Mayor Malone at 7:08 PM. The following items were discussed during the workshop session: A. Discuss Curfew Ordinance e e City Council Minutes 8-13-01 - Page 6 ChiefReffprovided Mayor and Council with an overview of the City's curfew ordinance. Chief explained Section 370.002 of the local government the code requires that the ordinance be reviewed every year. Staff recommended that the ordinance would remain the same. 15. Workshop adjourned and the regular meeting re-convened at 7:15PM. 16. ADMINISTRA TNE REPORTS Assistant City Manager John Joerns discussed the Canada Road Alignment Study with Council. Council was reminded of the Budget Workshop Meetings August 20th through August 23rd, a proposed Workshop Meeting on September 8th to discuss a Bond Election. Mr. Joerns also reminded council of the City Council Retreat in Galveston on September 2151 through 23rd 17. COUNCIL ACTION Councilpersons Sutherland, Engelken, Ebow, Griffiths, Warren, Young, Clarke, and Malone brought items to Council's attention. 18. 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 Attorney) Meet with City Attorney to discuss potential litigation matter. Council retired into executive session at 8:02 P.M. Council returned to the table at 8:05 P.M., with no action taken. 19. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION There was action taken. 20. ADJOURNMENT There being no further business to come before Council, the Regular Meeting was duly adjourned at 8:06PM. e e City Council Minutes 8-13-01 - Page 7 Respectfully submitted, LfJl~tV Ji;Ltd City Secretary Passed and approved on this 27t~ day of August 2001. ) 1 ,-/J/1i~~~ () If/ill1 ti~///(r p~ No'rman Malone, Mayor -- .. e e ~- J~-O/ Date: Name: M{tQv}'n C!- S l.-d'Yl (V\ e6ZJ Address: / J ,( soog '-fJ{.,/L~ O/L Ci~, h.: " 1] /i[)2L Subject on which I wish to speak: J' A (~ sf {Jet ?")J1-v-- "3..< g- ~ u1J A- t~4- 1- D ~V~1~ S Lf (6LI/~ Date: e 4; v! f) ( , e Name: cho<11f'G ~-{J~V'l I Addrel~ 7 J, ~ c;f: City, t:?1ZiPf" . _ r~(- e If //$ 71 Subject on which I wish to speak: PtrJi; -tft,teJ< sJop -- f/prcu, ~ e e Date: ~" 15' 0, Name: b ~Llli(-'( L - rn p\ f-(JJ() ~\ ( ~~ Address: C)O-{ VVl ~AaoUt5 - Cut City, State, Zip: ----Id1 pora c T Y ~)S) I Subject on which I wish to speak: ~ 1Y\~ll ~Q (2. ( ( ~ \ c po \ I TG5 AJ C a () S r:{) ~L( O)~srL Tt2vct-5. e e Date: (J 1/0 f / 2 (!) (J I' I ' Name: 7v t~ .~ () /1' J/' C /' Address: f il, /3 fJ"J- / & 81 [J City, State, Zip: ---, H() u :> io.-. J / >< 7 72- L '- / . Subject on which I wish to speak: .801',,6 [Iv' cu -r 5L ~ n'fcZ D'lQ /)[)f " l~~e {Iv SpP a It- AU~ 10 2001 1:10PM 1 TWSTRUCKSALES 71W75 3600 p. 1 I RECEIVED I ~ AUG 1 0 2001 $ rjy \oq CITY SECRETARY'S OFFICE City SecretaryWs Office ce,~ FAX COVER SHEET 3700 N. Me Carthy Houlton, Texas 77029 Ph: (713) 615-8585 Fax: (713) 675-3600 SEND TO Company name C of La Porte Tellas Attention Ci Councilmen( susan Offfce (oeatlon Ci of La Porte Texis Fax number AMEEN NARSI Date 8-10-01 OfIfce/ocetion Houston Phon. number 281-471-7188 713-676.a8B5 o Urgent ~ R.pIy ASAP o Please comment 0 Pi.... revlfIIN 0 For your InfomNttJon Total pages, (neluding cover: 3 COMMENTS ............................................................,.............................................,..............................................,...................................................................................... ................................................................................................................................................................................................................n............................. 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AU~ 10 2001 1:10PM TEXASTRUCKSALES :e 71.675 3600 p.2 Ausust 10, 200 1 City of La Porte, Texas Atm. : City Councilmen &. City PlanniDgboard La Porte, TeJW 77571 RE: Response to Nizlr ~omiD Petition er July 23. ZPOl, OD Lot1328" 329i Nani, Ide. Dear Councilmen, Our response to Mr. Momio.s petition or)uly 23,2001, is as follows; Issue ~ 10 order Co beautify tlae a~, we should .:Gme up wltb the CODstructlon criteria; City of La Porte .bouJd not allow buDdinl a metal buiJdinl radal Bigllway 146. The fro.t IS well AI both .ides of buildings .hould be brick, CODnete block aDd or .tuec.o. These metal buildials do Dot give a very good ~mpression about the ciCy', image. Those Dleta' buildiags are eyesore. Mr. MoDlin's concern about the type ofbuiJding that should be buile on BuboUfs Cut Blvd. However. we felt a need to address them. , SpecificaUy, in response to this issue, he rejects any type of metal bUilding. Firstly, our building will be brick not metal. However. if Mr. Momin.s view is acc:epted, many businesses would not be able to operate. In every city there exist some metal, brick, stucco and wood buildings side by side. His view is not economically feasible Cor tbe growth otbu3iness opportUnities. Additionally, he forgets that he has a metal building on his property. Furthermore, our property does not face highway,146. This street b zone for conunercial business and has a minimwn of 1.000 per hour trucks using it as a thorollghfare. Although it is partially a residential area. our facility will be attractive. It will have trees, brushes and grass to enhance the beautification of the area. Our building wiD be an attractive building and not an eyesore. Issue n. City of Dear Park receallY passed an ordinauce tbat "jD probibit building of new apartmene complexes, ill order to improve the beautification on Barboun Cut 8"41., Bip.ayt,,(j a 225, City of La Porte .hould coDsider banDiul perm..endy buildial truck depot. as weD,1 truek leopS, truck fueling 'Callons (atCCllded or un.tteaded). Thae kinds of operations creates eDvironlileatal problems, prostitute and drul related crimM. AU~ 10 2001 1:10PM TEXASTRUCKSALES e 71.675 3600 p.3 Wberever ~e look 8I'Gund we see tankers, coatainen and trucks rather thaD a park or reerutiollal lacility. 11aerefol'e, .we are requating tbe dCy of La porte Council to couider probibitiD& these IdDdl of operations. Mr. Momin raises several questions in this jssue that needs addressing separately. Firstly, this is not Dear park, but the City of La porte. Dw Puk should not be able to dictate policy in the City of La Porte. Especially, in this particular area since it is ~ne for business. Scccndly, banning truok stopS benefits only those who do not want competition. Clearly, Mr. Momin is afraid of competitiOn. He is seekins to have the only fueling station for the) ,000 plus trucks Lbat pass his facility every hour. His positiOD benefits him alone. His position does nothing to reduce unemployment in the area nor inc;rea5el taxes or revenue for the city IS our business certainly will benefit the area and the city. Thirdly, his positicn on moR: parks and recreational facUity VI. tRaoks, containers and fueling facilities fails to address the area. It is a shipping and truck depot. It is design for that purpose. Therefore, our business fa11s within the stated purpose. Our business will be bene.fioial f'or the local residents aa well as commerciallandowaetS. Because we will provide food (restaUrant and small srocery store). hotel. car and truck wash. truck repair and jobs, we intend to hire at least twenty people or more from the city cf"La. Porte. Fourthly, Mr. Momin's feu of drugs and prostitution 8$ a commonality at fueUng stalions fails. Because be is the owner and operator ofthe same or similar type offacllity, we il\tend to buUd. Maybe, be has drugs and prostitution at his faoility. The seU ofiUegal drugs is everyone's conoern including oun. That is why we intend to have a peace officer at our facility to prevent the sell of illegal drugs, prostitution and other crimes. And, our facility wiD not sell alcohol that includes beer, wine or other alcoholic beverages. b~ue m. We believe these rcstrictlollS will (a) eabD dowalhe opposition ~Dd outrage or citizen for the Bayport TermiDII lroject and (b) eab..ce opportuDities for other developlDeIlt to take place that will beautify tbe city'. highway and .aill thoroughfares. ASain, Mr. Momin addresses the beautification of Baroours. But his enure underline position is he's afi'aid of competition. Our facility will be a bemtiful facility for that community anel it win be good for business. Our facility will enhance that area not destroy it. Sincerely, Ameen Narsi, President Narsi, 100. e e I City of La Porte e e Administrative Services Department Human Resources Division Interoffice Memorandum August 6, 2001 To: From: Martha Gillett, City Secretary Lorie Doughty, Human Resources Manager!o Council Agenda Item Request, August 13, 2001 Employee of the Quarter: 2nd Quarter of 2001 April, May & June 2001 Subject: Please include an Employee of the Quarter for the 2nd Quarter of 2001 presentation on the Agenda for the Council Meeting scheduled on August 13, 2001. The award will be presented to: Yvonne Stanley Officer Yvonne E. Stanley is presently assigned to the D.A.R.E. Program in the Police Department. This past summer she was assigned the task of initiating the North Side Community Services Program, which was held in conjunction with the Parks and Recreation Department. Officer Stanley worked very diligently in preparing for the program, scheduling events, logging activities, keeping necessary records, and accounting for the children's time. She immediately began organizing the program with enthusiasm and excitement. Although a great amount of time and effort was involved, she never complained. She was able to involve over seventy children in the program. The children were responsible for participating in neighborhood cleanup events, visiting elderly citizens who were unable to venture out of their homes, visiting nursing homes, and other community service actions. Officer Stanley was able to facilitate several outings for the children that allowed them to enjoy fellowship with each other, as well as with police officers and other citizens. These events included field trips to fishing expeditions, the Houston Zoo, Astroworld, a softball game between the children and officers and a barbecue. Ms. Stanley's superior officer, Lieutenant Ron Parker has noted, she was responsible for gathering support for the program as well as her time, making the fieldtrips, events and gathering a success and fun for the children. Due to her efforts, a significant number of children were able to have fun this pas summer in a constructive way, and to help others as well. Also, a number of our citizens and officers were able to enjoy themselves in spending time with the group. The program was a very positive effort for the City and our citizens, thanks to Officer Stanley. CONGRATULATIONS OFFICER STANLEY ON A JOB WELL DONE! e e REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: August 13, 2001 Requested By: Doug KneuPP~ Department: Planning Source of Funds: N/A Account Number Amount Budgeted: Report:_ Resolution: ~ Ordinance:_ Amount Requested Exhibits: Resolution Budgeted Item: YES NO Summary and Recommendation This item was previously presented to City Council on July 23rd but tabled after a recommendation from the City Attorney's office to allow research into recent legislative changes. Harris County Flood Control District (HCFCD) in conjunction with a consulting engineer, Binkley & Barfield, Inc. has prepared a preliminary report titled Hydraulic Analysis for Little Cedar Bayou Watershed. The purpose of this report is to identify flooding and storm water characteristics in this watershed and recommend improvements. Of particular importance is analyzing Little Cedar Bayou at its upstream end near Sens Road and identifying improvements to decrease the water surface elevation in that area. Lowering the water surface elevation would be beneficial for a future curb and gutter road project for Sens Road. Improvements recommended in this report can be divided into two parts, 1) Linear Detention between SH 146 and Spencer Highway, and 2) Channel Improvements from Spencer Highway upstream to Sens Road. The detention pond calls for the excavation of approximately 200,000 cubic yards of material and is intended to be linear and follow the existing alignment of Little Cedar Bayou. The channel improvements will be widening and deepening of the existing channel to provide greater flow rates downstream to the detention pond. The attached Resolution was prepared using the aforementioned engineering report and identifies the area recommended for detention improvements and the area recommended for channel improvements. This Resolution will provide the City with a tool to restrict development of property needed for future drainage improvements. This is similar to action taken in 1988 to help secure property for improvements to F-lOl in the Lomax area. Action Required by Council: Consider approval of a Resolution restricting the development of certain parcels of land intended to be acquired by the City (or others) for drainage improvement purposes. Approved for City Council A2enda GJ~ T ~~ Robert T. Herrera, City Manager 8"~'ol Date e e > e e RESOLUTION NO. 01- ..1J.1.p A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, PLACING A MORATORIUM ON THE ACCEPTANCE FOR FILING AND THE ISSUANCE OF BUILDING PERMITS AND ALL OTHER DEVELOPMENT PERMITS FOR NEW CONSTRUCTION IN THE AREA DESIGNATED FOR RIGHT-OF-WAY ACQUISITION FOR HARRIS COUNTY FLOOD CONTROL PROJECT F216-00-00; PROVIDING THAT SUCH MORATORIUM SHALL EXPIRE AFTER 180 DAYS OR DISPOSITION OF RIGHT-OF-WAY ACQUISITION PROCEEDINGS, WHICHEVER COMES FIRST; PROVIDING FOR SPECIAL EXCEPTIONS IN THE EVENT OF HARDSHIP; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The Harris County Flood Control District, through cooperation with the City of La Porte, has determined the preliminary right-of-way proposed for the F216-00-00 project, as more particularly shown on Exhibit "A", attached hereto and incorporated by reference herein; and WHEREAS, The Harris County Flood Control District has requested a moratorium for the issuance of building permits within an area designated for proposed right-of-way acquisition by the Harris County Flood Control District and/or the City of La Porte as shown on Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: SECTION 1. The City Council of the City of La Porte finds and determines that the premises hereof are true and correct. SECTION 2. The City Council further finds and determines that it is in the best interests of the public health, safety and general welfare of the citizens of the City to place a moratorium on the acceptance for filing and consideration and the issuance of building permits and all other development permits for all properties in the area within the F216- 000-00 right-of-way, as more particularly described on Exhibit "A", incorporated by reference herein, for a period of 180 days from the date hereof, or until right-of- way acquisition is completed by Harris County Flood Control District and/or City of La Porte, whichever date occurs first, and such moratorium is hereby imposed. e e SECTION 3. This moratorium shall remain in effect for a period of 180 days or until right-of- way acquisition is completed by Harris County Flood Control District and/or City of La Porte, whichever comes first. SECTION 4. Any property owners subject to this moratorium may apply to the City Council for an exception in the event that a hardship results from its application, and the City Council is authorized to grant an exception when it finds that such hardship does exist. SECTION 5. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this 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. SECTION 6. This Resolution shall be effective from the date of its passage and approval, and it is so ordered. e e PASSED AND APPROVED this the 13th day of August, 2001. ATTEST: APPROVED: CITY OF LA PORTE "......' e e :" ~~ r ~ Il i ~( ::l ~ ~ f _ ~'ll-'-.:'O11 "" -) ;::>' ~ ~ ~ ~ ~i . b t ,..LJ ';, J ~ ' ~l :M ..., ~~ 7 4+ .. . }O_) J": ~ L-- L--- L..--- ... )01 -" ==t-... \ ~ \' cCLl)J]lll>o\J II Jlllfll ~ Wt:ST MAIN sfliEET - ~- u ~rq- (~.cr fi7-" '<l r'-j' ~ s".. 4 7 .. ( U . r- /. J ..' J r i ~~ + lrt: ~ . ~ ,-- ET - WEST" "STRE o 0 p- , 7 6 C..~) . ~ J..!} 1 /-/ '--\ r.A.~ \ /' ":-l\~ \ ..J ___\ . i ~ ==;' '0 S) 7 g N.T.S. IJ!- ~ -~ ~ ~l I r- loJ +-~ \ ~ . 7:::j2 \ . R. r 0 \ - \"b \.!. . l[ O""~ I ~ "~cf6 3 'r L~ \0 ~;,[) '\ I 0 :~~ \..- + ~ j V (~---'fb Q~ "_..,..L_ J) ~ -~ _ . , ) . 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R.. ~ ____ rl ' 7 4 ~ -- ~L o C)/l ~~ H'/ EXHIBIT "A" TO RESOLUTION 2001- _ LEGEND +---, - \~\- ~~ - =CENTER UNE OF F-216-00-00 II~=PROPOSED R.O.W. F-216-00-OO e e ( .~... - - ) J ~~ · \~ ~ \_ _,,_ ~[.... ~....... ... i~? 0' - { ~t::~ ... \ \ +( . I ~ r-/,r ~ j ~ ~ \, " - " ., w-, O~ :~ r ~ - .. l \ ,- \ \, , ~ \ 3 rl '4l~ 00 10; ~ -'w t 4. l/;," :, \ \ \" = - "\'" e Q r\ ....u ~ J.::1...... C:t... \ ... < r\N.T.s. + ) ~ ~ ,-1 ~}.. :~ rl: \" ( + \ )lO .I" l( \:,.~ I \ I \ ,l ... \).. \ J2 ~ ~ ~l (~I _ 0". c ~ \\, ~ L-i~) ~ *W1 l ....,. Kl ~al 801;> :. ~ -: '( ~.~~ ~... ~, I ! ~ ,-\~ ~ ... ~~ ~ ... \ i _~.~ r ~~O~ ~l:I ~." _~ \ 3 7 ,_I I 5 - 1~1i' ~ ~ u.:::: \ + ... il ~ b! p 0 ~ \ I n' ~, -, ~ - ;t -,Q \~. ~ 1\ \ IJ&', c:> D...t;::; r (~~ ~ \ I _ I _ I 1 ~I :.<f'":Q \ \ \ I \ O~D._.Jll!S r II~ ' ;: --r J: ~ .. I ( I I] _ Lr \ ~: 6' :~'.'a. ~ 8a~:r~~ ":.',: Irll" II ?" 4\ 5 ~ ~ ::J ~~ ~~ _+ \, I\~ I ~\\ \ ~ ~" [~. ~ ~ g ~",j' ~ :- \ \\ '\' cr.:J; ~ I~i =r~ '~"'''I- ~ "" -;:=ad, I ]1\ \ \ 1 '__ :3 \ 6 ~ E I 6,1 6 0 'c8J 6 9-' S r II i:> I II I II I t _ '- 0 J" \ .. \ ~1- + ~~ GO ' r\' i' I + J1 - J j'lEP 0,[/ ... (1\- h \ nm [11- \ I- V \ I~ I:: Il-J 1 IUI" ~ I II \ \ \ ~t ~_ ~ B H ~ 0 \ '\ !- ~[P. 1'jII[ ...11 1\ \. ... ^: z ~ .\ ' ~ ~ (-- I~ ~~. ~ \ ~ .. Q '\ \ \ I 1G \i~r::::~ u .. . j! ~ t \ \ \ \c>~O~ ~ -) h-b~\ I; \ J\\ a., 6 0 'I fOol E 1 J 6 2 \ '\ U ,r 1 \ 1\ l '\ I <--- J _ -t If...; lit 10 0 . I \ ( 0 ~. ~-C ~' I, i \ ~r)r{ \1 ~ \.. \ ~ II - I- 'I D I-' '-_) I ::::" "I-'-' aT ( i ~ 120' TOTAL WI _ "c =- j llei" ~ ~- ~ 'ClR. lOd -gj ..' If lIR'i-tr i\,. (; 6 . 6 ~~ < ,1._' -= ~~ ~ : ~ .'. . ~~~ro ~l-' ~ ~U - RESOLUTION 2001- _ ) l ...., k"l = r- 1? 0 1 -- ~"'-- 0... ~.... . "); .r:..... \ 1--:- - 1 .._ ~ f. __ ........ ~ ,tJ-J ~ :=., '7 '\ _' ~~eEfD' ~"Q llf6: \ ~ ~ 7 \ 0 f 0 i'" ~ ~ ~:c- nl o~t .0 L/:'. "I r::> W-rrJ D '-=-- e-LJ ~ _ . "'r!"'TI' 1110~r"J 0 ,.: ,~'I ... I ~ ~ i\ f'.. ... ... 2 ... ~ l II ... - -=::!!:!! ~ ... I .. '"" - :r.f~ ,.... ~ ~,.. I--, - f . 1 6 6 " .= r- Im - \ .., F-216-00 FLOOD CONTROL li= DEVELOPMENT - SHEET 2 ~ LEGEND v I~ _ =CENTER UNE OF 1'-216-00-00 I,\; III =60' OFFSET FROM CENTER LINE - .. 1 J i' ~ =- / i .'- 1 / ?- H~ i -U ~ ~.J :ftL ,~.~: ~~ -I'/" W . eL. f==~ ;a !P 1-,. ..............~ . .......,:"...." . '," ~/ ii -- /' --- . (!i ; " --------' -~ -- III " I 1/ II ;; -'/ 1/\4=------ I I I / I I I / ! / / / / / / / I ! I I 120' TOTAL WIDTH t- ~ i / ; a , ~ +, \ ~D 0 , ]~ {l~ II 1 D.... .... ..- a + f'1 ~. \' I e l' .- ; LLC--I\ IU ~ f r') (0 J. --------'\...-) T o:l (0 r-- ~) I 0'> ,(0 o (0 \ \ J \+o:l r')\ (0 \ 1 (0 '\ '\ '- \ ,\ -:t \(0 1 o \.If') \(0 \ -:~ \. , \ '" i ~ e L -ZZ NORTH 17TH STREET ...- ~ ;; N.T.S. 3 ;; -:t 0'> (0 (0 \ \ "- - -r ;; NORTH 18TH S1=flEE17 \0 o:l '" ~~~l II · ; I .- ~- '1 -te---1.11. ! (0// \ to I- ,-."AI r.: /~ NORTH 20TH STREff--- Il~" ~ .- ( I~ 0 "(0 / \: (0 I ~...L i 0 / z / clI ;;~ (0 ~( G "- c:.- l-- ----r-- ""'-t-o (0 1-....... - ~ 1\ (0 \(0 NORTH 21ST stREET 1 U1 ; r f NORTH 22.-ND STREET 7 0'> -==-j ~ ( (0 ti . T<D\ ~ ) l- . o:l (0 NORTH 23RD STREET ....... "\\ NoRT H 2'2JTH STREET II I ~ .----- I ~ -....... ',- l' """,- (0 c.D 1+ c.Di( \ I po~r C Q (- I agD ~ I ~ V-~~ !) . I .-. ( 'i ; \ p \ . I I ~ V c.D / 7 -r I ti 0'> ~ tn (0 \ z o III ... Q 4 ~ tn III J If') ill + \ \~ 1~ I o r') (0 (0 I ~ 1 NbRTH 25TH STREET l N (0 Hi! 1/ N .- FF (0 (0 \ I I...'! ) -,X "'- lID -- ~ i / ( EXHIBIT "A" TO RESOLUTION 2001- _ ;: F-216-00 FLOOD CONTROL . ! DEVELOPMENT - SHEET 3 LEGEND _ =CENTER UNE OF F-216-00-00 ! i lR =60' OFFSET FROM CENTER UNE ; ..mn e e e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: s 13 2001 Appropriation Requested By: Source of Funds: Department: Account Number: Report: Resolution: X Ordinance: Amount Budgeted: Exhibits: Resolution 2001- Amount Requested: Exhibits: Metes & Bounds Description Budgeted Item: YES NO Exhibits: Survey Plat SUMMARY & RECOMMENDATION The City and Harris County are working together to extend Bay Area Boulevard from approximately 500 feet north of Spencer Highway to approximately 500 feet south of Fairmont Parkway. According to the preliminary engineering report completed by Harris County's consultant, the City needs additional right-of-way to complete this project. The proposed resolution authorizes Knox Askins, City Attorney to represent the City of La Porte in the acquisition of the property described in the attached metes and bounds description. It further provides that in the event the owners and the City cannot agree on fair market value, the City Attorney is authorized to initiate eminent domain proceedings to acquire the properties. Secondly, this resolution and attached documentation will be filed for record at the Harris County Courthouse. This information will be picked up by future title searches and therefore alert any potential buyers of these properties that the City intends to acquire property for this project. The tracts referenced in this resolution are at Bay Area Boulevard's intersection with West Main and Sens Road. There are four comer clips and two tracts for a transition section on Sens Road. Council will be informed of any recommendations to initiate eminent domain proceedings. Action Required bv Council: Consider a resolution authorizing the acquisition of rights-of-way for road right-of-way purposes, for the construction of Bay Area Boulevard. Approved for City Council Ae:enda Q~ T. I-t~ Robert T. Herrera, City Manager ~-"7-01 Date e e RESOLUTION NO. 2001- (/1 A RESOLUTION AUTHORIZING THE ACQUISITION OF RIGHTS-OF-WAY FOR ROAD RIGHT-OF-WAY PURPOSES, FOR THE CONSTRUCTION OF BAY AREA BOULEVARD FROM APPROXIMATELY 500 FEET NORTH OF SPENCER HIGHWAY TO APPROXIMATELY 500 FEET SOUTH OF FAIRHONT PARKWAY, IN THE CITY OF LA PORTE 7 FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW 7 AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has found and determined that public necessity requires the location of rights-of-way for road right-of-way purposes on the hereinafter described real property, in the City of La Porte, Harris County, Texas, for the construction of Bay Area Boulevard from approximately 500 feet north of Spencer Highway to approximately 500 feet south of Fairmont Parkway; and WHEREAS, the City Council of the City of La Porte has found and determined that rights-of-way over and across the hereinafter described real property are suitable and needed for road right-of- way purposes, and that it is necessary to acquire same for road right-of-way purposes; and WHEREAS, the city Council of the City of La Porte deems it advisable to authorize, and does hereby authorize, Knox W. Askins, City Attorney of the City of La Porte, or his designated representative, to represent the City of La Porte in the acquisition of the hereinafter described property; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. That the said Knox W. Askins, as City Attorney for the City of La Porte, or his designated representative, be and he is hereby authorized to negotiate with the owners of the hereinafter described land, concerning the acquisition by the City of La Porte, of rights-of-way for road right-of-way purposes, located in Harris County, Texas, said rights-of-way being more particularly described on the several metes and bounds descriptions and plats, attached hereto, incorporated by reference herein, and made a part hereof for all purposes, at the fair market value for same, and should said City Attorney, or his designated representative, as the duly authorized representative of the city of La Porte, be unable to agree with such owners as to the fair e e market value of such rights-of-way, then, and in that event, said attorney be, and he is hereby authorized and directed to file against all owners and lienholders, proceedings in eminent domain to acquire the above described property, for road right -of -way purposes. section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this 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. section 3. This Resolution shall be effective from and after its passage and approval. PASSED AND APPROVED this 13th day of August, 2001. CI~ LA PORTE By: )/'/ ~/~ ' ~ 'No- man L. Malon~oi ATTEST: M rt a A. il ett City secreta~rY ,/ -,..----, APPRO -: - a:,Ld J'_______ Knox W. Askins City Attorney ~ 2 e . e e e ORDINANCE NO. 2001- ~S 0 ~ AN ORDINANCE DETERMINING THE POPULATION OF THE CITY OF LA PORTE AND THE POPULATION OF EACH OF THE COUNCIL DISTRICTS AND DETERMINING THAT THE POPULATION OF THE RESPECTIVE EXISTING CITY COUNCIL DISTRICTS ARE MATERIALLY UNBALANCED; DIRECTING THE REDISTRICTING COMMITTEE OF THE CITY OF LA PORTE TO DRAW NEW SINGLE-MEMBER CITY COUNCIL DISTRICTS IN ACCORDANCE WITH CRITERIA ESTABLISHED HEREIN; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article II, Section 2.01 (b) of the City of La Porte Charter provides that in at least every five (5) years following the publication of the 1980 Federal Census, the City Council shall conduct an investigation and determine the population of the City and the population of each of the districts from which District Council Members are to be elected; and WHEREAS, the City Council, having received the best available data including the 2000 Federal Census, together with expert assistance from the City's Planning Department, has determined the population of the City and each respective City Council single-member District; and WHEREAS, said data shows that a material population imbalance exists within the existing City Council Single-member Districts; and WHEREAS, to ensure that future elections are timely and orderly, the City must proceed to draw new districts to overcome such imbalance, and to obtain preclearance of such districts under Section 5 of the Voting Rights Act, 42 U.S.C. 91973c; and WHEREAS, Article II, Section 2.03 (b) of the City of La Porte Charter provides that a Regular Election for a choice of members of City Council shall take place on the e e first Saturday in May, 2002, and no redrawing of council districts can take effect until precleared under Section 5 of the Voting Rights Act of 1965 as amended, which could delay the effect of newly drawn district boundaries by 60-120 days after City Council adopts such districts; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. The City Council determines that the population of the City and its constituent City Council Districts are as indicated in Exhibit "A", attached hereto and made a part of this Ordinance for all purposes. Section 2. The City Council finds that, based on the estimated population found in Section 1 hereof, that the distribution of population among the various City Council Districts is materially unbalanced. Section 3. The City Council supports and authorizes the initiation of the process of redrawing city council districts utilizing the population determinations found in Section 1 hereof. The Redistricting Committee of the City of La Porte, heretofore appointed by the City Council of the City of La Porte in Ordinance 2460 in December 2000, is directed to reconfigure single-member city council districts pursuant to the procedures set forth and established in Exhibit "B", attached hereto and fully incorporated by reference herein. Reconfigured single-member districts shall follow as closely as possible with the district configurations adopted by City Council in Ordinance No. 1775 (the "Benchmark Plan"), passed by the City Council of the City of La Porte on e e August 12, 1991, and thereafter precleared by the Department of Justice by letter dated February 21, 1992. Section 4. If any provision, section, subsection, sentence, clause of 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 of provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidty of any other portion hereof, and all provisions of this Ordinance are declared to be severable for that purpose. Section 5. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council 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 6. This Ordinance shall be effective from the date of its passage and approval, and it is so ordered. e e PASSED AND APPROVED THIS THE ..!3t-oAY OF W.tot1M. ,2001. CITY OF LA PORTE ATTESTATION: j((.' By:0Y\Mtll\~ 1lI1iL Martha Gillett, City Secretary e e I , j I i I 4 h'!,,;"~' h~r.~'" EXISTING DISTRlCfS POPULAUON CITY 0' LA POlITI: RBJISTRlcnNG (CENSUS ~OOO) , i J \ I I j J ..... ",0 ;.-. , 1t::t Ire-: L,jif j--"'!'!..L'.--'" .. .5-.L. i ~~t i-II !r"~~}";~r:'; .:~ ;.~ 1'-.:n,;",. J ":;'1 i4.~"], =::-.::=......... ~...:...A-'"'~!A j" ".1-tn, ,"r1:' 1J k 'l~c:l' '..,I,..i~' I f.....~J-_.J. , ....Qf:'L l:J~~t~:l r-,~"...f r .::. i""', _,II __u'~_l n' ;,' ............................. .ElBUIIllII - 7311Z 5514 122!l S4!I 1257 -"---. ._.j......n l -... ,\" -- _...~-_. ~u..........., \. I'I--'-......~ l .....:.'1.......- ~..~ _~~i .1 lUll ., --,.. .-_.~,._......,.- -J"J -:---~,.- , . I _u_...L. J ........................ 31,110 JDDIl:IS 1 2 3 4 a , e EXHIBIT "B" e CITY COUNCIL CRITERIA FOR THE REDISTRICTING COMMITTEE TO FOLLOW IN CORRECTING THE MATERIAL POPULATION IMBALANCE THAT EXISTS BETWEEN EXISTING CITY COUNCIL SINGLE-MEMBER DISTRICTS . New City Council Single-member Districts shall be drawn pursuant to promulgated Department of Justice regulations. Each City Council District within the City of La Porte may have a population deviation of no more than plus or minus five percent (+/- 5). Thus, utilizing the best available population data as provided by the Federal Census for the year 2000, and as set forth on Exhibit "A", the population of the City of La Porte is 31,880 total citizens. For each single member district, then, the ideal population is 5,213 persons. Utilizing the regulations promulgated by the Department of Justice, and taking into account the maximum deviation allowable thereunder, a "high" number for any particular district shall be 5,579 persons; and a "low" number for any particular district shall be 5,047 persons. . Pursuant to the above mandate, new districts shall be drawn according to the following criteria: a. Where possible, easily identifiable geographic boundaries will be utilized as single member City Council District boundaries; b. Historic communities of interest shall be maintained in a single district where possible, and to the extent possible neighborhoods shall not be split when drawing district boundaries; c. It is recognized that due to the size of the City of La Porte, it is not possible to use County voting precincts when drawing district boundaries; d. The new district plan shall be based on the existing Benchmark plan, to the extent possible; e e e. Districts shall be drawn relatively equal in population size, and as noted above in no event shall there be a plus or minus five percent (10% maximum to minimum) deviation in population between districts; f. Districts shall be drawn that are compact and contiguous; g. The new district plan shall recognize incumbent/constituency relationships, and consideration shall be given to the preservation of incumbent-constituency relationships by recognition of the residence of existing members of the City Council, and their history in representing their current Districts; h. The plan shall be narrowly tailored to avoid retrogression to the extent possible in the position of racial minorities and language minorities as defined in the Voting Rights Act of 1965 as amended, with respect to their effective exercise of the electoral franchise. . The Redistricting Committee shall draw initial plans utilizing the above criteria to the extent possible. Thereafter, such plan or plans shall be presented to the public for review and comment. No less than fifteen (15) calendar days notice shall be given of any public hearing held by the Redistricting Committee in connection with the proposed map or maps. The notice shall be posted in the Public Notices section of the La Porte Bayshore Sun. More than one public hearing may be held by the Redistricting Committee, as it deems necessary, but in no event shall a public hearing be held without the aforementioned notice. . After public input on each map or maps considered by the Committee, and after thorough review by staff and the Committee in accordance with the criteria set forth above, the Committee is charged with making a report to the City Council, identifying in each map or maps submitted to the City Council adherence of each map or maps to the criteria established herein. If more than one map is submitted, the e e Committee shall rank each map in terms of adherence to each of the respective criteria established in this ordinance. . The Redistricting Committee shall keep all of the information it acquires together with all working papers and maps produced by the Committee, whether the said map or maps and working papers are "official" or not. All information obtained by the Committee shall be available to the public at all times in accordance with the provisions of the State of Texas Freedom of Information Act. e It e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: AUl!ust 13. 2001 Requested By: S. Gille~dp Department: Public Works Appropriation Source of Funds: Utility elP Account Number: 003-9890-814-1100 Report: Resolution: Ordinance: xx Amount Budgeted: $250,000 Exhibits: Ordinance Amount Requested: $182,000 Exhibits: Enl!ineer's Recommendation Budgeted Item: YES Exhibits: Rid Tabulation SUMMARY & RECOMMENDATION An engineering evaluation was performed last year for Lift Station # 40, which serves the former Bayshore Municipal Utility District. The Study, performed by Claunch & Miller, Inc., identified improvements to the facility to rehabilitate the structural, mechanical and electrical systems, and to provide additional capacity to serve undeveloped areas of south La Porte. Proposed improvements include removal of existing pumps and control system, cleaning and recoating wet well walls and replacement of control system and pumps. Claunch & Miller (Engineer) has designed the proposed improvements, and sealed bids were received on July 30,2001 from three (3) contractors. Low bid was submitted by Peltier Brothers Construction, Inc. of Houston in the amount of$I72,200. Completion date is 150 days after receipt of notice to proceed. A total of250,000 was budgeted for this Project. As illustrated by the attached bid tabulation, the bids ranged from a high of $184,002 to the low bid. Low bidder was checked by the Engineer for past work experience, safety experience and references. Peltier Brothers Construction, Inc. has successfully completed projects for the Engineer, and is recommended by the Engineer for bid award. A total of $225,000 is available in the Project budget for construction. It is recommended that the contract be awarded to Peltier Brothers Construction, Inc. in the amount of $172,200. A contingency of $1 0,000 is also recommended. Action Required bv Council: Approve an ordinance authorizing the City Manager to execute a contract with Peltier Brothers Construction, Inc. in the amount of $172,200, with a contingency of $10,000. Approved for Citv Council Ae:enda ~ T. r\~ obert T. Herrera, City Manager ~ -1 .. 0 \ Date e e ORDINANCE NO. 2001-~Sb.3 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND PELTIER BROTHERS CONSTRUCTION, FOR IMPROVEMENTS TO LIFT STATION 40, APPROPRIATING $172,200.00 PLUS A CONTINGENCY OF $10,000.00, TO FUND SAID CONTRACT, KAICING 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 $172,200.00 plus a contingency of $10,000.00, from Fund 3 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 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 It ORDINANCE NO. 2001- ~505 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 13th day of August, 2001. CITY OF LA PORTE ,/~~., By: ~!;/}/ft P'4;.{/1~' _ J./ ~rman L. Ma 0 Mayor ATTEST: LjJJtlJdi~, O. fbJ1d/ Mar ha A. Gillet City Secretary APPRq~D: I~ r2:;4)!V a~ Knox W. Askins city Attorney ~ ~ e e CLAUNCH & MILLER, INC. Engineering Consultants August 1, 2001 Mr. Steve Gillette Director of Public Works City of La Porte P.O. Box 1115 La Porte, Texas 77572-1115 I-\UG 2 - 2001 Re: Engineering Services for Lift Station #40 Improvements CM! Job No. 01-012 Dear Mr. Gillette: On July 30,2001 bids were received on the above referenced project at the City Hall of La Porte at 2:00 p.m. Bids were opened and read in public. Three (3) bids were received on the project. All bids were tabulated and reviewed. The following is a summary of our bid evaluation: Bidder Bid Amount Lowest: Peltier Brothers Construction $172,200.00 Second: B-5 Construction $180,704.00 Third: G&N Enterprises $184,002.00 The difference between the low bidder and the second low bidder was $8,504.00. A copy of the bid tabulation is attached. Peltier Brothers Construction has successfully completed projects for Claunch & Miller, Inc. previously. Therefore, Peltier Brothers Construction appears to be a responsible firm that is capable of performing the specified work in a satisfactory manner. For thi~ reason, we recommend that the City of La Porte award the Lift Station #40 Improvements Project to Peltier Brothers Construction for the amount of $172,200.00. Sincerely, CLAUNCH & MILLER, INC. J%~ 2.~~7 Clames E. Thompson, P .E. / Senior Project Manager I! 2. 3701 Kirby Drive, Suite 860. Houston, Texas 77098. (713) 524-7113 e e BIDDER BASE BID 1 BASE BIDE 2 BASE BID 3 BASE BID 4 TOTAL BASE BID 5% BID BOND ADDENDUM # 1 , ' PEL TIER BROTHERS CONSTRUCTION, INC. $164.000.00 $ 2,800.00 $ 1,400.00 $ 4,000.00 $ 172,200.00 YES YES B-5 CONSTRUCTION CO., INC. $ 156,594.00 $ 1,750.00 $ 3,150.00 $19,210.00 $- 180,704.00 YES YES G & N ENTERPRISES, INC. $ 154,462.00 $ 2,100.00 $ 1,400.00 $ 26,040.00 $ 184,002.00 YES YES LIFT STATION 40 BID TABULATION 7/30/01 e e e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: AU2us::;;d;;n Requested By: S. GUldt ~ Department: Public Works Appropriation Source of Funds: Account Number: Report: Resolution: Ordinance: XX Amount Budgeted: Exhibits: Ordinance Amount Requested: Exhibits: Operator's A2reement Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION The La Porte Area Water Authority approved the Operator's Agreement between the City of La Porte and the Authority on August 7, 2001. The Agreement provides for the operation of the Authority transmission system and billing, accounting and other support needed by the City of La Porte. The Agreement is for a three-(3) year period beginning October 1,2001, and provides for renewal for an additional three-(3) year period. Previous Agreements provided for an annual fee of $40,000 to be paid by the Authority for these services. The proposed Agreement provides for an increase of the annual fee to $50,000 per year, with an annual cost of living adjustment based on the April Consumer Price Index for all Urban Consumers, all items, U.S. City Average. This annual adjustment will provide for increasing costs associated with administering the Agreement. Action ReQuired bv Council: Approve an Ordinance authorizing the Mayor to execute an Operator's Agreement between the City of La Porte and the La Porte Area Water Authority. Approved for City Council Al!enda G1JJ T. ~ Robert T. Herrera, City Manager <6 ~1 .. 0 \ Date e e ORDINANCE NO. 2001- ~ 5"Dt AN ORDINANCE APPROVING AND AUTHORIZING AN OPERATOR'S AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE LA PORTE AREA WATER AUTHORITY, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 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 Mayor is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The city Secretary is hereby authorized to attest to all such signatures and to affix the seal of the city to all such documents. Section 2. The City Council officially finds, 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. e e ORDINANCE NO. 2001- ~50f PAGE 2 PASSED AND APPROVED, this 13th day of August, 2001. By: CITY OF LA PORTE ~ ~ '/ I t!Jn an I' ~' No man L. Malon ,-- - Mayor ATTEST: ~~l~tt!{Al1d1 CJ.ty Secretary APP~D: -r. / r / ~ w: U~~ Knox W. Askins, city Attorney e e OPERATOR1S AGREEMENT This agreement, entered into this 1~ day of August, 2001, by and between the La Porte Area Water Authority, acting by and through its duly authorized officers (hereinafter sometimes referred to as "OWNER") and the City of La Porte, Texas, acting by and through its duly authorized officers (hereinafter sometimes referred to as "OPERATOR"). For and in consideration of the mutual undertakings herein contained, Authority and City agree as follows: I. OPERATOR agrees to operate, maintain, repair, and manage OWNER'S property for a term of three (3) years commencing October 1, 2001 with an option to renew this agreement for an additional period of three (3) years, subject to the agreement of both parties. This agreement is subject to termination at any time without cause by either party giving ninety (90) day written notice to the other. II. Operation shall consist of furnishing labor and administrative support services to provide efficient operation, maintenance, and management of OWNER'S transmission system, shown on record construction drawings on file at the La Porte City Hall, and to provide clerical and administrative support for the billing, accounting, and other support needed for efficient operation of OWNER1S transmission system, which includes, but not limited to the following: 1. Provide operating personnel at all times who hold valid water works licenses issued by the Texas Natural Resources Conservation Commission. 2. Provide operating personnel on-call twenty-four (24) hours per day, seven (7) days per week with a twenty-four (24) hour telephone dispatching service and vehicles equipped with two-way radios. 3. Provide clerical and administrative support for accounting, supervisory, and other support as needed efficient operation of OWNER'S transmission system. billing, for the 4. Daily check, at all customer takepoints, (including weekends and holidays) : a. All control systems; b. Take meter readings; and c. Check all electrical operations. e e 5. Collect, on a monthly basis, all necessary water samples as required by local, state, and federal regulations. 6. Run complete chemical analysis of water supply. 7. Prepare, submit, and furnish copy to OWNER all required reports to local, state, and federal agencies having regulatory powers over OWNER1S transmission system. 8. Furnish monthly operational, fiscal, and budgetary reports to OWNER. 9. Prepare operation line-item budget estimate for OWNER'S approval prior to the termination of this Agreement. 10. Perform preventive maintenance as required by manufacturers' operating manuals, provided by OWNER. equipment 11. Maintain required records of water system operations. 12. Report to OWNER system improvements and/or major repairs needed. 13. Prepare, mail, and collect monthly bills for water consumed by all customers, in accordance with the Accounting Policy Statement attached hereto as Exhibit "A". 14. Process invoices for materials, supplies, and services necessary to operate the water supply system. 15. Provide necessary office space in its facilities for a master control center needed for the control, historical recording, and reporting of the water transmission system. III. OPERATOR shall receive compensation for services (Annual Fee) enumerated in Section II above in the amount of $50,000, pa~able monthly, in a sum equal to 1/12 of the Annual Fee, on or before the 15 h day of each month that this Agreement remains in effect. The Annual Fee shall be binding on the Operator and the Owner for the first year of the Agreement, that is from October 1, 2001 through September 31, 2002. Beginning October 1, 2002, and in subsequent years thereafter, there shall be an annual cost of living adjustment of the Annual Fee. The annual cost of living adjustment shall be calculated by multiplying the Annual Fee by a fraction, the denominator of which shall be the April 2001 Consumer Price Index for All Urban Consumers (CPI-U), all items, U.S. City Average, and the numerator shall be the CPI-U for all items, U.S. City Average for April 2002, and subsequent dates of adjustment. e e IV. OPERATOR will procure, to OWNER1S account, supplies, materials, equipment, and services, utilizing funds allocated in OWNER'S approved budget, attached hereto as Exhibit "B", for the routine operation of OWNER'S transmission system. OPERATOR shall conform to all applicable purchasing laws of the State of Texas in the procurement of all supplies and materials necessary for the operation of the transmission system. V. Repairs, adjustments, and operation of the system outside of the scope of services outlined in Section II of this Agreement will be billed to OWNER on an actual cost basis. Whenever possible, OPERATOR will obtain advance approval from OWNER prior to beginning non-routine work; however, OPERATOR is authorized to proceed, unless specifically directed otherwise, in those cases deemed necessary by the OPERATOR. VI. OPERATOR will exercise good judgement in the replacement of equipment under this Agreement. OWNER will not hold OPERATOR responsible for guarantees or warranties for such equipment. The OPERATOR will make responsible efforts to secure normal guarantees to OWNER. VII. OPERATOR is retained by OWNER only for the purpose and to the extent set forth in this Agreement, and his relation to OWNER, during the period of this Agreement, is that of an independent entity, and he shall be free to dispose of such portion of his entire time not required to satisfy the terms of this Agreement in any manner he deems advisable. OPERATOR shall not be considered an employee of OWNER. VIII. OPERATOR agrees that all customers of OWNER will receive equal treatment under the terms of this Agreement. IX. OPERATOR shall be required to operate within the current guidelines of its governing body and shall notify OWNER of any possible conflicts with such guidelines, as soon as practicable after the occurrence of said possible conflicts. e e X. OPERATOR hereby assumes entire responsibility and liability for any and all damage or injury of any kind or nature whatever (including death resulting therefrom) to all persons, whether employees of OPERATOR or otherwise, and to all property caused by, resulting from, arising out of, or occurring in connection with the maintenance and operation of OWNER'S transmission system provided for in this Agreement and if any person shall make a claim for any damage or injury (including death resulting therefrom) as hereinabove described, whether such claim may be based upon the OWNER1S alleged active or passive negligence or participation in the wrong or upon any alleged breach of any statutory duty or obligation on the part of the OWNER, the OPERATOR agrees to indemnify and save harmless the OWNER, its agents, servants, and employees from and against any and all loss, expense, damage, or injury that the OWNER may sustain as a result of any such claims and the OPERATOR agrees to assume, on behalf of the OWNER, the defense of any action at law or in equity, which may be brought against the OWNER upon such claim and to pay on behalf of the OWNER, upon its demand, the amount of any judgement that may be entered against the OWNER in any such action. XI. Before commencing the work, the OPERATOR shall procure and maintain liability insurance, at its own expense, and procure and maintain workers' compensation and employee liability insurance in accordance with the laws of the State of Texas. The OPERATOR agrees that nothing contained in this paragraph shall limit or release the OPERATOR from its obligations otherwise provided for in this Agreement, including assumption of liabilities and indemnifications to the OWNER. If the OPERATOR fails to procure and maintain at least the above insurance, the OWNER shall have the right to procure and maintain the said insurance for and in the name of the OPERATOR, and the OPERATOR shall pay the cost thereof and shall furnish all necessary information to make effective and maintain such insurance. XII. The OPERATOR for the Contract Price herein provided for, hereby agrees to pay and shall hold the OWNER harmless against the payment of all contributions, taxes, or premiums which may be payable under Federal, State, or Local laws arising out of the performance of the work. XIII. If either the OPERATOR or OWNER believes it has a claim of any nature whatsoever against the other party, it shall give the other written notice of the amount, whenever possible, and nature of such claim within forty-five (45) days (or such other time limits as may be expressly set forth in the Agreement) of the occurrence of the event upon which such claim is based. In default of such notice the claim is waived. e It XIV. All matters relating to the validity, performance, interpretation, or construction of this Agreement or the breach thereof shall be governed by the laws of the State of Texas. IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands and seals the day and year first above written. CITY OF LA PORTE ~n1< ~ ~o "an al'dne, Ma - r - - ATTEST: ';;/J1 Mdi aAl lImrt Marth A. Gillett, City Secretary LA PORTE AREA WATER AUTHORITY By: a , President AT~ ~h~~L~L ~oo~, Secretary I-k~M~ e e OPERATORIS AGREEMENT This agreement, entered into this 13tt- day of August, 2001, by and between the La Porte Area Water Authority, acting by and through its duly authorized officers (hereinafter sometimes referred to as "OWNER") and the City of La Porte, Texas, acting by and through its duly authorized. officers (hereinafter sometimes referred to as "OPERATOR"). For and in consideration of the mutual undertakings herein contained, Authority and City agree as follows: I. OPERATOR agrees to operate, maintain, repair, and manage OWNER 1 S property for a term of three (3) years commencing October 1, 2001 with an option to renew this agreement for an additional period of three (3) years, subject to the agreement of both parties. This agreement is subject to termination at any time without cause by either party giving ninety (90) day written notice to the other. II. Operation shall consist of furnishing labor and administrative support services to provide efficient operation, maintenance, and management of OWNER1S transmission system, shown on record construction drawings on file at the La Porte City Hall, and to provide clerical and administrative support for the billing, accounting, and other support needed for efficient operation of OWNER1S transmission system, which includes, but not limited to the following: 1. Provide operating personnel at all times who hold valid water works licenses issued by the Texas Natural Resources Conservation Commission. 2. Provide operating personnel on-call twenty-four (24) hours per day, seven (7) days per week with a twenty-four (24) hour telephone dispatching service and vehicles equipped with two-way radios. 3. Provide clerical and administrative support for accounting, supervisory, and other support as needed efficient operation of OWNER1S transmission system. billing, for the 4. Daily check, at all customer takepoints, (including weekends and holidays) : a. All control systems; b. Take meter readings; and c. Check all electrical operations. e e 5. Collect, on a monthly basis, all necessary water samples as required by local, state, and federal regulations. 6. Run complete chemical analysis of water supply. 7. Prepare, submit, and furnish copy to OWNER all required reports to local, state, and federal agencies having regulatory powers over OWNER'S transmission system. 8. Furnish monthly operational, fiscal, and budgetary reports to OWNER. 9. Prepare operation line-item budget estimate for OWNER'S approval prior to the termination of this Agreement. 10. Perform preventive maintenance as required by manufacturers 1 operating manuals, provided by OWNER. equipment 11. Maintain required records of water system operations. 12. Report to OWNER system improvements and/or major repairs needed. 13. Prepare, mail, and collect monthly bills for water consumed by all customers, in accordance with the Accounting Policy Statement attached hereto as Exhibit "A". 14. Process invoices for materials, supplies, and services necessary to operate the water supply system. 15. Provide necessary office space in i ts facilities for a master control center needed for the control, historical recording, and reporting of the water transmission system. III. OPERATOR shall receive compensation for services (Annual Fee) enumerated in Section II above in the amount of $50,000, pa~able monthly, in a sum equal to 1/12 of the Annual Fee, on or before the 15 h day of each month that this Agreement remains in effect. The Annual Fee shall be binding on the Operator and the Owner for the first year of the Agreement, that is from October 1, 2001 through September 31, 2002. Beginning October 1, 2002, and in subsequent years thereafter, there shall be an annual cost of living adjustment of the Annual Fee. The annual cost of living adjustment shall be calculated by multiplying the Annual Fee by a fraction, the denominator of which shall be the April 2001 Consumer Price Index for All Urban Consumers (CPI-U), all items, U.S. City Average, and the numerator shall be the CPI-U for all items, U.S. City Average for April 2002, and subsequent dates of adjustment. e e IV. OPERATOR will procure, to OWNER1S account, supplies, materials, equipment, and services, utilizing funds allocated in OWNER1S approved budget, attached hereto as Exhibit "B", for the routine operation of OWNER'S transmission system. OPERATOR shall conform to all applicable purchasing laws of the State of Texas in the procurement of all supplies and materials necessary for the operation of the transmission system. V. Repairs, adjustments, and operation of the system outside of the scope of services outlined in Section II of this Agreement will be billed to OWNER on an actual cost basis. Whenever possible, OPERATOR will obtain advance approval from OWNER prior to beginning non-routine work; however, OPERATOR is authorized to proceed, unless specifically directed otherwise, in those cases deemed necessary by the OPERATOR. VI. OPERATOR will exercise good judgement in the replacement of equipment under this Agreement. OWNER will not hold OPERATOR responsible for guarantees or warranties for such equipment. The OPERATOR will make responsible efforts to secure normal guarantees to OWNER. VII. OPERATOR is retained by OWNER only for the purpose and to the extent set forth in this Agreement, and his relation to OWNER, during the period of this Agreement, is that of an independent entity, and he shall be free to dispose of such portion of his entire time not required to satisfy the terms of this Agreement in any manner he deems advisable. OPERATOR shall not be considered an employee of OWNER. VIII. OPERATOR agrees that all customers of OWNER will receive equal treatment under the terms of this Agreement. IX. OPERATOR shall be required to operate within the current guidelines of its governing body and shall notify OWNER of any possible conflicts with such guidelines, as soon as practicable after the occurrence of said possible conflicts. e e X. OPERATOR hereby assumes entire responsibility and liability for any and all damage or injury of any kind or nature whatever (including death resulting therefrom) to all persons, whether employees of OPERATOR or otherwise, and to all property caused by, resulting from, arising out of, or occurring in connection with the maintenance and operation of OWNER1S transmission system provided for in this Agreement and if any person shall make a claim for any damage or injury (including death resulting therefrom) as hereinabove described, whether such claim may be based upon the OWNER1S alleged active or passive negligence or participation in the wrong or upon any alleged breach of any statutory duty or obligation on the part of the OWNER, the OPERATOR agrees to indemnify and save harmless the OWNER, its agents, servants, and employees from and against any and all loss, expense, damage, or injury that the OWNER may sustain as a result of any such claims and the OPERATOR agrees to assume, on behalf of the OWNER, the defense of any action at law or in equity, which may be brought against the OWNER upon such claim and to pay on behalf of the OWNER, upon its demand, the amount of any judgement that may be entered against the OWNER in any such action. XI. Before commencing the work, the OPERATOR shall procure and maintain liability insurance, at its own expense, and procure and maintain workers' compensation and employee liability insurance in accordance with the laws of the State of Texas. The OPERATOR agrees that nothing contained in this paragraph shall limit or release the OPERATOR from its obligations otherwise provided for in this Agreement, including assumption of liabilities and indemnifications to the OWNER. If the OPERATOR fails to procure and maintain at least the above insurance, the OWNER shall have the right to procure and maintain the said insurance for and in the name of the OPERATOR, and the OPERATOR shall pay the cost thereof and shall furnish all necessary information to make effective and maintain such insurance. XII. The OPERATOR for the Contract Price herein provided for, hereby agrees to pay and shall hold the OWNER harmless against the payment of all contributions, taxes, or premiums which may be payable under Federal, State, or Local laws arising out of the performance of the work. XIII. If either the OPERATOR or OWNER believes it has a claim of any nature whatsoever against the other party, it shall give the other written notice of the amount, whenever possible, and nature of such claim within forty-five (45) days (or such other time limits as may be expressly set forth in the Agreement) of the occurrence of the event upon which such claim is based. In default of such notice the claim is waived. e e XIV. All matters relating to the validity, performance, interpretation, or construction of this Agreement or the breach thereof shall be governed by the laws of the State of Texas. IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands and seals the day and year first above written. CITY OF LA PORTE ATTEST: ~/UJl(d tJ. ~ Mart a A. Gi~lett, City Secretary LA PORTE AREA WATER AUTHORITY By: , President ATO · ~ ~h~L~4 ~uo~, Secretary ~MaQS' e e . . REQUEST FOR CITY COUNCIL AGENDA ITEM (presented and Tabled at the July 23, 2001 Council Meeting) Appropriation Agenda Date Requested: AU2Qst 13. 2001 Requested By: DOU2 Kneuppe~ L/ Department: Plannin2 0 Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Report: _Resolution: _Ordinance: ...x... Amount Requested: Exhibits: 1. Ordinance with Exhibit "An 2. Alley Closing Agreement Budgeted Item: _YES ..LNO SUMMARY & RECOMMENDATION Ameen Narsi ofNarsi, Inc. has petitioned the City to vacate, abandon and close the alleys in Blocks 328 & 329, Town of La Porte and the North 2nd Street Right-of-Way between the Blocks 328 & 329. The purpose of his request is to consolidate the lots and blocks of the subject properties to create a contiguous 5.4-acre tract of land. In reviewing the closing request, Staff has determined that an inactive 8" sanitary sewer line exists within the alley of Block 329 and an active 8" sanitary sewer line exists within the alley of Block 328. Additionally, drainage facilities exist within the North 2nd Street Right-of-Way (see Exhibit "A"). In order to address these issues, Staffhas determined that the 8" line in the alley of Block 329 should be abandoned in place, a drainage easement should be retained within the North 2nd Street Right-of-Way to facilitate existing drainage facilities, and the active 8" waterline in the alley of Block 328 should be relocated to a dedicated easement on the applicant's property. All fumchised utility companies have received notification of the closing application and have responded to the applicant's request Reliant Energy, Southwestern Bell and Time Warner Communications have each provided letters of no objection to the closing. Mr. Narsi has entered into a Street & Alley Closing Agreement which requires submission of a subdivision plat, relocation of the active 8" sanitary sewer line, and restorntion of vegetation within the North "E" Street Right-of-Way. In accordance with Ordinance No. 98-2225, Staff has arranged for an independent appraisal to be conducted for the rights-of-way in question. As a result, the fuir market value of the property has been assessed at $0.74 per square foot. The City has received compensation from the applicant for 36,800 square feet of public right-of-way in the amount of $20,424 (75% offair market value per City ordinance). Mr. Narsi has also submitted payment in the amount of $4,610 for the restorntion of the North "E" Street Right-of-Way. Recommendation: Staff recommends closing, vacating, and abandoning the alleys in Blocks 328 & 329, Town of La Porte and the North 2nd Street Right-of-Way between Blocks 328 & 329. Staff also recommends abandoning an existing 8" sanitary sewer line in the alley of Block 329, retaining a 60' wide drainage easement within the North 2nd Street Right-of-Way and execution of a Street & Alley Closing Agreement between Ameen Narsi and the City. Action Required bv Council: Consider approval of an ordinance to vacate, abandon and close the alleys in Blocks 328 & 329, Town of La Porte and the North 2nd Street Right-of-Way between Blocks 328 & 329. Said ordinance to also authorize execution of a Street & Alley Closing Agreement with the applicant. Approved for City Council A2enda Q~ T. -\\~ Robert T. Herrera, City Manager g. q. 0 l Date . COU.IJLIL.VO,en 10 N Ol C-L OS-e,; ORDINANCE NO. 2001-8t50D AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEYS IN BLOCKS 328 AND 329, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, AND A PORTION OF THE RIGHT-OF-WAY OF NORTH 2ND STREET, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the city council of the City of La Porte has been requested by record owner of all of the property abutting the hereinafter described alleys in Blocks 328 and 329, Town of La Porte, Harris County, Texas, and a portion of the right-of-way of North 2nd Street, Town of La Porte, Harris County, Texas, to vacate, abandon, and permanently close the alleys in Blocks 328 and 329, Town of La Porte, Harris County, Texas, and a portion of the right-of-way of North 2nd street, Town of La Porte, Harris County, Texas; and WHEREAS, the city Council of the City of La Porte has determined and does hereby find, determine and declare that the hereinafter described alleys in Blocks 328 and 329, Town of La Porte, Harris County, Texas, and a portion of the right-of-way of North 2nd Street, Town of La Porte, Harris County, Texas, are not suitable, needed, or beneficial to the public as a public road, street and alley, and the closing of the hereinafter described the alleys in Blocks 328 and 329, Town of La Porte, Harris County, Texas, and a portion of the right-of-way of North 2nd Street, Town of La Porte, Harris County, Texas, is for the protection of the public and for the public interest and benefit, and that the hereinafter described alleys in Blocks 328 and 329, Town of La Porte, Harris County, Texas, and a portion of the right-of-way of North 2nd Street, Town of La Porte, Harris County, Texas, should be vacated, abandoned, and permanently closed. e e BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Under and by virtue of the power granted to the city of La Porte under its Home Rule Charter and Chapter 253, section 253. DOl, Texas Local Government Code, the hereinafter described alleys in Blocks 328 and 329, Town of La Porte, Harris County, Texas, and a portion of the right-of-way of North 2nd street, Town of La Porte, Harris County, Texas, all as shown on the plat attached hereto as Exhibit "A", incorporated by reference herein and made a part hereof for all purposes, are hereby permanently vacated, abandoned and closed by the city of La Porte, to-wit: TRACT ONE: Being all of the alleys in Blocks Three Hundred Twenty- eight (328) and Three Hundred Twenty-nine (329), Town of La Porte, Harris County, Texasj TRACT TWO: That portion of the right-of-way of North 2nd street lying and being situated between Blocks Three Hundred Twenty-eight (328) and Three Hundred Twenty-nine (329), Town of La Porte, Harris County, Texas, and between the north right-of-way of North "E" street, and the south right-of-way of West Barbours Cut Boulevard, SAVE AND EXCEPT a sixty foot (60') wide drainage easement on said Tract Two. 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 Codej and that this meeting has been open to the public as required 2 e e 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 upon full and complete performance of the terms of a street and Alley Closing Agreement executed between the City of La Porte and the owner of Blocks 328 and 329, Town of La Porte, Harris County, Texas. In the event all terms of said agreement are not fulfilled within ninety (90) calendar days from the date of passage and approval, this ordinance shall be deemed null and void. PASSED AND APPROVED, this 13th day of August, 2001. By: c~ LA PORTE NO? -n.r?~/~ Mayor ATTEST: ~ M1/!AJ r), AuIU M r ha A. Gillett City Secretary Knox W. Askins City Attorney 3 e EXIST. 8" SAN. SWR. (TO BE RELOCATED) M.H. N.T.S. WEST BARBOUR'S CUT BLVD. M.H. . . I-- t- Z I-- (J) w,...... en ~~ 0 ~a. I-- 0:::: 9 8 >- en .CD n a::: ~ 3:0 (/)w .~ :r :r zo I-- <l:- I-- 0:::: (/)8 0:::: CI 0 0 0 .-W :z CD :z a... 0 Ot- a::: -- [L EXIST. 8" SAN. SWR. (TO BE ABANDONED) . I-- en o :z N :r I-- 0:::: o :z NORTH "E" STREET M.H. PROP. 8" SAN. SWR. (RELOCATED) EXIST. DRAINAGE DITCH. (RETAIN 60' WIDE DRAINAGE EASEMENT) PROPOSED CLOSING I EASEMENT TO BE RETAINED BY CITY EXHIBIT "A" TO STREET AND ALLEY CLOSING ORD.# SAC 2000-03 . e e EXHIBIT NO.2 Street & Alley Closing Agreement fDurVLiL U O([J) no' 70 CLOse 1 STREET & ALLEY CLOSING AGREEMENT THE STATE OF TEXAS: COUNTY OF HARRIS: This agreement, made this l3#--- day of Au. ~ 116-( , 200 1, by and between the City of La Porte, herein called "City", acting herein through its City Manager and Ameen Narsi, an individual, of La Porte, Harris County, Texas, hereinafter called "Owner". WITNESSETH 1. All references to "Alley Closing" hereunder shall, for the purposes of this agreement, refer to vacating, abandoning and closing of the alleys in Block 328 and 329, and the North 2nd Street Right-of-Way between Blocks 328 & 329, Town of La Porte, Harris County, Texas. (Re: CLP File No. SAC-2oo0-03 & CLP Ordinance No. ). 2. Owner is the owner of certain property in the City of La Porte, Harris County, Texas, identified as Blocks 328 & 329, Town of La Porte, Harris County, Texas. 3. Owner has petitioned City to vacate, abandon and close the alleys of Blocks 328 & 329 and the North 2nd Street Right- of-Way between Blocks 328 & 329, Town of La Porte, Harris County, Texas. 4. As a condition of passage and approval of an ordinance vacating, abandoning and closing of said alley, Owner shall be responsible for the following: . Owner shall submit plat of proposed subdivision of Owner's property for approval by City. Said subdivision plat shall include dedication of a ten foot (10') wide sanitaIy sewer easement, as shown on the attached Exhibit" A", to facilitate the relocation of an existing eight-inch (8") sanitary sewer line from the alley of Block 328, Town of La Porte. . Owner shall be fully responsible for relocation of said eight-inch (8") sanitary sewer main from alley in Block 328, Town of La Porte to the aforementioned ten-foot (10') wide sanitary sewer easement to be dedicated by Owner's subdivision plat This shall include the preparation and submittal of engineered drawings, construction of new 8" sanitary sewer line, and acceptance of relocated 8" sanitary sewer line by City. . As a result of unauthorized clearing conducted by Owner within the North "E" Street Right-of-Way, Owner has compensated City $4,610 to plant trees. 5. City will inspect and approve all work performed under the terms of this agreement for compliance to City standards. 6. Owner shall have ninety (90) calendar days from the date of passage and approval of an ordinance closing the aforementioned rights-of-way to fulfill all terms of this agreement. e e 2 IN WITNESS WHEREOF, the Parties to these presents have executed this agreement in several counterparts, each of which sba11 be deemed an original. in the year and day first mentioned above. (Seal) CITY OF LA PORTE ATIEST: BY: BY: TITLE: (City Secretary of La Porte) 4~~'!m~ MAHMOOD H. DAfttANI r Ii} ~ Notary Public. State of,.., r \a....i.~! My Commission E.es r ,...f,.'r.~'" November 13, 2"4 BY: 1.1, .A I'\.II.~ 0 IIA (Witness or SecretaIy of Corporation) (Seal) ~~ .. BY: Ameen Narsi (Owner) City Attorney e EXIST. 8" SAN. SWR. (TO BE RELOCATED) N.T.S. WEST BARBOUR'S CUT BLVD. M.H. ~ I-ll. zz wQ ~1Il ~ w~ (/) V)O ~ 0 L5~ C/) 0::: ~ r'") . III C/) 0:::- ::I: :s:ffi ~ V)Z ::I: 0::: ~ ~ 0 .0 0::: :z z>- 0 <(m :z (/)0 w ~8 5 .w 0..0 Ow O:::m 0..0 I- ...., SED CLOSING . I-- c..n o :z: N :r:::: I-- 0:::: o :z: EXHIBIT "An TO STREET/ALLEY CLOSING AGREEMENT PROP. 8" SAN. SWR. (RELOCATED) NEW SEMENT DEDIC T D BY OWNER AREA SUBJECT TO RE T RATION SAC 2000-03 e e REQlsT FOR CITY COUNCIL AGLA ITEM Agenda Date Requested: Au Appropriation Requested By: Source of Funds: Department: n Account Number: Report: Resolution: Ordinance: Amount Budgeted: $100,000 Exhibits: Map Amount Requested: to be determined Exhibits: CIP Description from FY 00-01 Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION The Reinvestment Zone Number OnelLa Porte Redevelopment Authority Board of Directors met on August 1. One item discussed was a master watershed plan for the TIRZ area within the Taylor Bayou Watershed. Major property owners within the TIRZ were also invited to offer their input. The following background and summary was presented to the Authority. .:. The TIRZ Project Plan anticipates major stormwater improvements needed to support the proposed development. .:. The TIRZ guidelines allow the use of TIRZ funds to support studies and improvements that benefit the overall development within the TIRZ. .:. Earlier there was some discussion of a master watershed plan which was interrupted by the wetlands designation facing Mr. Dutko. .:. City is negotiating agreements with Harris County for improvements to Fairmont Parkway from SH146 to South l6t1i Street (including the South 16th Street intersection). a) Construction of a grade separation on Fairmont Parkway over the Union Pacific Railroad b) Construction of Bay Area Boulevard from Fairmont Parkway to West Main (Spencer Highway) .:. While planning the Bay Area Boulevard project Harris County's consultant projected the future need for: a) replacement of an undersized culvert at a railroad spur. b) reshaping of the earthen channel and some concrete lining. c) acquisition and construction of approximately 20 Ac detention just to drain two proposed roadway projects (Bay Area Boulevard and Sens Road) and improve the existing drainage (does not provide for further development in the watershed). This situation only worsens when additional proposed runoff from the Fairmont Parkway project and grade separation are routed this direction. .:. Harris County is not moving forward with the Fairmont Parkway and grade separation projects until some financing issues are cleared up and until the stormwater issues are resolved. Summary .:. Development within the TIRZ will eventually have to face stormwater management issues; either piecemeal or with a unified approach. .:. Consider resurrecting a master watershed plan for the Taylor Bayou Watershed within the TIRZ. The potential benefits are: a) Resolving the drainage outfall problems for the two Fairmont Parkway projects. b) Unified planning for the TIRZ vs. the piecemeal everyman for himself approach. c) Could result in a detention area suitable for other public purposes such as parkland After the presentation, Stuart Haynsworth and Carrington Weems expressed their support of a master watershed plan. The La Porte Redevelopment A.rity agreed to recommend to City Council thading of a master watershed plan for land within the TIRZ #1 and in Taylor Bayou Watershed. The funding source is Fund 039 which received $100,000 in SEED money from City Council. The expense can be reimbursed in the future from the TIRZ fund. Action Required bv Council: Approve recommendation from La Porte Redevelopment Authority to fund a master watershed plan for land within the Tax Increment Reinvestment Zone Number One and in Taylor Bayou Watershed. Authorize the Redevelopment Authority to secure the necessary professional services. ADD roved for City Council Aeenda QJ.,.J \, ~~ Robert T. Herrera, City Manager ~"I-O\ Date t N.T.S. e LEGEND OVERPASS SUB-WATERSHED BOUNDARY ACTIVE PROJECTS: PRELIMINARY INVESTIGATION/ ENGINEERING NO DEFINITIVE ACTIVITY/ SCHEDULE , " " ..., ..........---------------... " " " " " , , \ r-------------------------------~ lOWEP. s..... l'QNrO lAY '\ \ "'" --) ',---------- ( '-......'^. l_, " BAmeOROl..HD I~"UAL DlSOOCf ~ co ~ w ..... OF DeeR em - . - - LA PORTE REDEVELOPMENT AUTHORITY AUGUST 1, 2001 R:\CllY MAPS\OFFlCIAL CllY MAPS~EOEV-AUTHOR~-l-ol.DWG aTY Of MCIlcwtS POINT PROPOSED 25 ACRE DETENTION SITE $0J1H LA F(RTI! 1N)U6TJllAl DlsTlUcr eA1PORT lNI'JU$TRJ..... Ullmer CITY CF P........ e e TAX INCREMENT REINVESTMENT ZONE FUND (TIRZ) In FY99-00 funds were set aside to assist in the development of the TIRZ. Some initial thoughts for funding were: ~ Drainage (detention) is probably one of the largest obstacles to development in the Zone. ~ A master watershed plan evaluating the downstream impacts, sizing detention basins and channels can be costly. Landowners are generally not willing to suffer these costs. Purchasers/developers of smaller tracts are interested in only their development. Unless there is a major development of significant acreage the development will occur piecemeal. ~ If the City provides advance planning for the entire zone we could negotiate with landowners for: ~ a contribution for the study ~ advance dedication of areas for detention basins ~ . the detention basins could be 20-40 acres in size which could double as parkland for the City. ~ which could serve as parkland dedication for residential developments or in-kind contribution to the study. ~ as development occurs, developers/owners could contribute by excavating their portion or percentage of the basin. ~ Whether or not the TIRZ meets projections, this planning effort would still be used by the City in evaluating the impacts of development in this watershed. > Other potential uses of funds are; use of bond counsell attracting investors, employment of special consultants on public/private partnerships. ~ This fund is being fronted by a transfer from the Economic Development Fund and could later be reimbursed by the Tax Increment Fund. The initial funding is still available and no new funds are requested. it ,I ! I I ' i~ .11 I 11-2 FY99-00 Budget $100,000 e . e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: AUI!. 13, 2001 Requested By: J. L. Sease .~~, ..c---<--- Department: Emerl!encv se~ces Appropriation Source of Funds: Vehicle Replacement Account Number: 009-5059-522-8050 Report: X Resolution: Ordinance: Amount Budgeted: Exhibits: Amount Requested: $94.305.79.00 Exhibits: Budgeted Item: X YES NO Exhibits: SUMMARY & RECOMMENDATION On July 29th ambulance unit 382, Equipment Service Number 59-16, was involved in a major accident at Highway 146 and Fairmont Parkway. This unit is a 1995 model with 91,500 miles that is scheduled for replacement in the next budget year. The estimate of damage to the chassis alone is estimated at $5500.00, and we are waiting on a repair estimate for the ambulance box itself. With the normal trade in or auction sale price in that range or less, and due to the age, damage, and the fact the unit is up for replacement in October, it is recommended that a new unit be ordered at this time. Weare recommending that a Frazer Ambulance be purchased through HGAC in the amount of $94,305.79.00. This is the same brand as our other 2 ambulances, from which we have had excellent results. A unit has been rented as a backup until this unit can be replaced. Action Required bv Council: Approve purchase ofa Frazer Ambulance through HGAC in the amount of $94,305.79.00 Approved for City Council Al!enda Q~ T\ t\~ Robert T. Herrera, City Manager g-a.. cJ I Date e e PUBLIC SAFETY ~ 370.003 the tax is needed to retire liabilities of the district that were assumed by the political' subdivision. The gov- erning body shall notify the comptrollet of this contin- uation not later than the 60th day before the date the tax would otherwise expire. Any tax collected after the liabilities have been retired shall be transferred or conveyed as provided by Subsection (a). (d) The district and the board may continue to operate for a period not to exceed two months after carrying oilt the responsibilities required by Subsec- tions (a) and (c). The board and the district are continued in effect for the purpose of satisfying these responsibilities. (e) If the board and the district are continued in effect under Subsection (d), the board and district are dissolved entirely on the first day of the month follow- ing the month in which the board issues an order certifying to the secretary of state that no responsibil- ities of Subsections (a) and (c) are left unsatisfied. (f) A district or board that continues to operate under Subsection (d) may not incur any new liabilities without the approval of the governing body of the political subdivision that created the district. Not later than the 60th day after the date of the dissolu- tion referendum, the governing body shall review the outstanding liabilities of the district and set a specific date by which the political subdivision must retire the district's outstanding liabilities. (g) On the date that the district is dissolved, dis- bict-funded programs, including additional courts, shall immediately terminate and district-funded per- sonnel, except personnel required to retire the respon- sibilities of the district, are terminated. (h) In a district created by a county, the board shall conveyor transfer the value of the items described by Subsection (a) following the apportionment formula :escribed by Section 363.154(a). In a district created y a municipality, the board shall conveyor transfer the value of the items described by Subsection (a) to the mUnicipality. ~ld99ed by Acts 1997, 75th Leg., ch. 165, A 23.03(a), eff. Sept. . 7. [Chapters 364 to 369 reserved for expansion] CliAPTER 370. MISCELLANEOUS PROVI- SIONS RELATING TO MUNICIPAL AND COUNTY HEALTH AND PUBLIC SAFETY Section Section 370.002. Review of Juvenile Curfew Order or Ordinance. 370.003. Municipal or County Policy Regarding Enforce- ment of Drug Laws. ~ 370.001. Health Contracts in Border Municipali- ties or Counties The governing body of a municipality or county that has a boundary that is contiguous with the border between this state and the Republic of Mexico may contract with a border municipality or state in the Republic of Mexico to provide or receive health ser- vices. Added by Acts 1991, 72nd Leg., ch. 769, A 1, eff. Aug. 26, 1991. ~ 370.002. Review of Juvenile Curfew Order or Ordinance (a) Before the third anniversary of the date of adoption of a juvenile curfew ordinance by a general- law municipality or a home-rule municipality or an order of a county commissioners court, and every third year thereafter, the governing body of the gen- eral-law municipality or home-rule municipality or the commissioners court of the county shall: (1) review the ordinance or order's effects on the community and on problems the ordinance or order was intended to remedy; (2) conduct public hearings on the need to contin- ue the ordinance or order; and' (3) abolJsh, continue, or modify the ordinance or order. ' (b) Failure to act in accordance with Subsections (a)(1)-(3) shall cause the ordinance or order to expire. Added by Acts 1995, 74th Leg., ch. 262, A 96, eff. May 31, 1995. ~ 370.003. Municipal or County Policy Regarding Enforcement of Drug Laws . The governing body of a municipality, the commis- sioners court of a county, or a sheriff, municipal police department, municipal attorney, county attorney, dis- trict attorney, or criminal district attorney may not adopt a policy under which the entity will not fully enforce laws relating to drugs, including Chapters 481 and 483, Health and Safety Code, and federal law. c e e, MISCELLANEOUS OFFENSES ~ 42-72 Sec. 42-36. Exceptions to article. Sections 42-32-42-35 shall not apply to duly licensed peace officers; law enforcement officer alias handgun licensees; and active judicial officer licensees. (Ord. No. 95-2072, ~ 5, 10-23-95) Sec. 42-37. Penalty for violation of article. Any person who violates section 42-33 or 42-34 of this article, upon conviction in the municipal court of the city, shall be subject to a fine for each offense in an amount established by the city and listed in appendix B of this Code. (Ord. No. 95-2072, ~ 7, 10-23-95) State law reference--License to carry a concealed handgun, Vernon's Ann. Civ. St. art. 4413(2900). Sees. 42-38-42-70. Reserved. ARTICLE m. CURFEW FOR JUVENILES Sec. 42-71. Findings and determinations. (a) The city council has determined that there has been an increase in juvenile violence, juvenile gang activity and an increase in crime by persons under the age of 18 in the city. Persons under the age of 18 are particularly susceptible, because of their lack of maturity and experience, to participate in unlawful and gang-related activities and to be victims of older perpetrators of crime. (b) The city has an obligation to provide for: (1) The protection of minors from each other and from other persons; (2) The establishment of parental control of and responsibility for their children; (3) The protection of the general public; and (4) The reduction of the incidence of juvenile criminal activities. (c) The city_council has determined that a curfew for those under 18 years of age will be in the interest of the public health, safety and general welfare, and will help to attain the objectives of this section and will diminish the undesirable impact of such conduct on the citizens of the city. (Ord. No. 93-1887, ~ 1, 2-9-93) Sec. 42-72. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term shall include, but not be limited to, a fire, natural disaster, vehicular accident or a serious medical condition of sudden onset. . CD42:5 A e e. ~ 42-72 LA PORTE CODE Guardian means the person who, under a court order, is the guardian of the person of a minor or the public or private agency with whom a minor has been placed by a court. _ Minor means any person under 18 years of age. Parent means the natural mother or father or adoptive mother or father of a minor. Public place means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways and the common areas of schools, hospitals, apartments, houses, office buildings, transport facilities and shops. (Ord. No. 93-1887, ~ 2(13.51), 2-9-93) Cross reference-Definitions generally, ~ 1-2. Sec. 42-73. Prohibited acts; offenses. (a) It shall be unlawful for any minor to knowingly remain, walk, run, stand, drive or ride about, in or upon any public place in the city: (1) Between the hours of 12:00 at night (midnight) and 6:00 a.m. on any day of the week; or (2) Between the hours of 9:00 a.m. and 2:30 p.m. on any day on which classes are in session in the La Porte Independent School District. (b) It shall be unlawful for the parent or guardian having legal custody of a minor to knowingly allow or permit the minor to be in viol~tion of the curfew imposed in subsection (a) of this section. (Ord. No. 93-1887, ~ 2(13.52), 2-9-93) Sec. 42-74. Defenses to prosecution under section 42-73- It is a defense to prosecution under section 42-73 that: (1) The minor was accompanied by his parent or guardian; (2) The minor was accompanied by an adult designated by his parent or guardian; (3) The minor was on an errand made necessary by an emergency; (4) The minor was attending a school, religio1,1s or government-sponsored activity or was traveling to or from a school, religious or government-sponsored activity; (5) The minor was engaged in a lawful employment.activity or was going directly to or coming directly from lawful employment; (6) The minor was on the sidewalk of the place where he resides; (7) The minor was on an errand directed by his parent or guardian; (8) The minor was in a motor vehicle involved in intrastate or interstate transportation; (9) The minor was engaged in, participating in or traveling to or from any event, function or activity for which the application of section 42-73 would contravene his rights protected by the state or United States Constitutions; CD42:6 e e, MISCELLANEOUS OFFENSES ~ 42-91 (10) The minor was married or had been married, or had disabilities of minority removed in accordance with V:T.C.A., Family Code ch. 31; or -(11) With respect to the hours between 9:00 a.m. and 2:30 p.m. only, that the offense occurred during the school summer vacation break period of the school in which the minor is enrolled; on a holiday observed by the closure' of classes in the school in which the minor is enrolled; or that the minor has graduated from high school or received a high school equivalency certificate. (Ord. No. 93-1887, ~ 2(13.53), 2-9-93) Sec. 42.75. Supplemental effect of article. The provisions of this article are supplemental and shall be cumulative with all other laws and ordinances applicable in any manner to juveniles. (Ord. No. 93-1887, ~ 2(13.54), 2-9-93) Sec. 42.76. Enforcement of article. Notwithstanding the penal effect of this article, the chief of police is encouraged to develop alternative enforcement strategies, which may include, but need not be limited to, the return of minors to their residences or schools, counseling with minors and their parents or guardians, the issuances of warning citations to minors or their parents or guardians, or the referral of instances that appear to also involve the violation of school attendance laws to those, officers who are responsible for the enforcement of those laws. The enforcement strategies shall be promulgated in writing to members of the police department so that this article may be enforced in a uniform manner. (Ord. No. 93-1887, ~ 2(13.55), 2-9-93) Sees. 42.77-42.90. Reserved. ARTICLE IV: GRAFFITI. Sec. 42.91~ Definitions. [The following words, terms and phrases, as used in this article, shall have the meanings respectively ascribed to them in this section, unless the context clearly indicates otherwise:] Agent shall mean any individual employed by the City of La Porte, or a volunteer for the City of La Porte, duly designated and authorized by the city manager to act on behalf of the City of La Porte pursuant to the terms of this article. .Editor's note-Sections 1-11 of Ord. No. 98-2214, adopted January 26, 1998, added provisions to the Code, but did not specify manner of inclusion~ Therefore, at the discretion of the editor, said provisions have been.included as ~~ 42-91-42-101 herein. Supp. No. 1 CD42:7 . La ~orte High Sch~ol "Excellence in Education" David C. Drake, Principal 301 E. Fairmont Parkway . La Porte, Tx 77571 . (281) 604-7500 · (281) 604-7503 . Chief Richard Ref! La Porte Police Department La Porte. Texas 77571 Associate Principal: Linda Wadleigh Assistant Principals: James Alexander Penelope Everett Sandra Dwyer Todd Schoppe Administrative Counselor: AI Nolen ChiefReff, Counselors: Hugh Chapin Christi Crislip Judy Hicks Suzanne Van Horn It has been brought to my attention the current curfew ordinance affecting our students is up for reconsideration. While I do not have knowledge of the affect the curfew at night has on students, I can tell you the curfew in place during school hours has had a definite impact on student attendance. Curfew citations, along with school consequences, have helped to put a punch in consequences for truancy and a reduction in those leaving campus during the school day. The current curfew ordinance has also acted as a deterrent to students leaving and the occurrence of truancy. On behalf of LPISD, LPHS, and our truant officer I would recommend keeping the current curfew ordinance. ~,. .c:y.;.Q~ David C. Drake Principal "Excellence in Education" David C. Drake, Principal e e e CITY OF LA PORTE e INTEROFFICE MEMORANDUM August 7, 2001 TO: Mayor and City Council FROM: Robert T. ~~~nager Proposed Saturday Workshop - September 8, 2001 SUBJECT: I would like to propose a half-day workshop with the City Council on Saturday, September 8, 2001. The intent of the workshop is to allow staff to share their thoughts on bond projects we believe are necessary. As you know, we recently completed an update of the City's Comprehensive Plan and this document will help guide the future development of the City. If this date is acceptable, staff will develop an executive summary describing the proposed bond projects along with a justification sheet. RTH:su cc: Executive Staff , e e MEETING HANDOUTS ~ L ~UG 10 2001 1 20PM TEXASTRUCKSALES e 713 675 3600 e ... FAX COVER SHEET 3700 N. Me Carthy Houston, Tex8S 77029 Ph: (713) 675-8585 Fax: (713) 675-3600 SEND TO Company name AMEEN NARSI Date 8-10-01 Offic. kl cation Houston Phon. numbe, Board C of La Porte Texas Fax number 281-471.7188 7U-67'-8I85 Durget7t I!) R.pIy ASAP o Please comment o Please rwvt.w o For your information Tota! PIQ'S, Including cover: 3 COMMENTS ......................._.............. ..................................................................................... ...........,.._................................._...................................................60........... .......................................................................-..................................................... ..............................................................,,................................................. .n................................................. ...........................................................................-....................................................................................... ................................................... ..................... ................................................................................................................................................................". ...................................,..................................................."..............,................... ............................................................................................................ ..............................................................................................................................................,.,...................,......................................................................,.. .......................,........................................................................................................,.....................................................,...................................................... 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Dear Councifmen, Our response to Mr. Momin's petition of July 23,2001. is as follows; Issue L In order to beautify tle ana, we should COllie up witla the ~DlIStruc:tion tritena, City Dr La Porte .hould not allow buDding. metal buildi., rac:iDI Highway 146. The rront as well a. botll iides of buildiugs .hould be briek. CODtrele block and or .tucco. These metal bWldtllgs do Dot live I. very lood hnpressioD about tbe city', image. ThoSf _etal buUdings are eyesore. Mr. Momin's concern about the type of building that should be built on BarboufS Cut Blvd. However, we telt 8 need to address them. Specifically, in response to this issue, he rejects any type of metal bUilding. Firstly, our building will be brick not metaJ. However, if Mr. Momin's view is accepted, many businesses would not be able to Operate. In every city there exist some metal, brick, stucco and wood buildings side by side. His view i$ not economically feasible for the growth of business oPPOrtunities. Additionally, he forgets that he has a metal building on his property. Furthermore, our property docs not face highway, 146. This street is zone for commercial business and has a minimwn of 1,000 per hour trucks using it as a thoroughfare. Although it is part.ial.ly a residentiaJ area, our facility will be attractive. It will have trees. brushes and grass to enhance the ~utitlcation of the area. Our building win be an attractive building and not an eyesore. IssJle D. City of Dear Park reeenfl.Y paned an ordinaace drat wiD prohibit buildial of new apartment complexes, ia order to improve tile beautification on Barboun Cut Blvd., Bip",ay! 46 & 215, City of La Porte should consider banDinl permanently buOdbag truck depot. a. well a. trudc. stops, tnack ruellng Itations (attended or unattended). Tbae ldads of operation. creates environ.ental problems, prostitute .nd drug reJated crimes.. RUG 10 2001 1:19PM TEXASTRUCKSALES .e 713 675 3600 e p.3 Wberever we look around we see taDkers, CDDtainen and tra.clu rather thaa a park or recreational r.ciUt)'. DaereCol'et .we are requesting tlte dty of La Porte Coullcil to COD.ider probibitiag thue kind. or operatiou. Mr. Momin raises several questions in this issue that needs addressing separately. Firstly, this is nol Dear Parle. but the City oCLa Porte. Dear Park should not be able to dictate policy in the City of La Porte. Especially, in this partioular area since it is zone for business. SctondlYI banning tN~k stops benefits only tllose who do not want competition. Clearly, Mr. Momin is afraid oC<:ompetition. He is seekins to have the only fueling station for the 1,000 plus trucks that pass his facility every hour. His position benefits him alone. His position does nothing to reduce unemployment in the area. nor increase taxes or rCVCDue for the city u our business certainly win benefit the area and the city. 'Thirdly, his position on more parks aDd recreational facility VI. trucks, tontainers and fueling facilities fails to address the area. It is a shipping and truck depot. It is design for that purpose. Therefore, our busineu falls within the stated purpose, Our business will be beneficial for the local residents as welt as commerciallandowncrs. Because we will provide food (restaUrant and smal grocery store), hotel. c:ar and wck wash. truck repair and jobs, we intend to hire at least twenty people or more from the city of La Porte. Fourthly, Mr. MoDlin's fear ofdrogs and prostitution &5 a commonality at fueling stations fails. Because be is tbe owner and operator of the same or similar type offacility, we intend to bulld. Maybe, he has dru.gs and prostitution at his facility. The seU ofillega1 dNg$ is everyone's concern including ours. That is why we intend to have a peace officer at our facility to prevent the seD of illegal drugs, prostitution and other crima. And. our facility will not sell alcohol that includes beer, wine or othc:l alcoholic beverages. blue In. We believe these rcstridiDU wiU (a) tal.. dDWll the opposition _ad outrage of citizen for tbe B.yport TenniDal Projett and (b) enhance oppertunities for .other developDlellt to take place tlaat will be.utify the tity'. hilllway and main thoroulbfares. Again. Mr. Momin addreS90B the bcutification of Bamours. But his entire. underline position is he's afraid of competition. Our facility will be a beautiful facility for that community and it will be good for busines$. Our facility will enhance that area not destroy it. Sincerely, Ameen Narsi, PresideDt Narsi, Inc. ~ . On Bayport 'Exhaust'. combusIioo IOUIeCI. lAd ~y dieId combustioo. damaacs peopJc's luop.llCCOIdioa 10 )CwnmAft . Some of the bca1tb cffeclS arc rapid aad w.u.zed: -CbiIdrca JI'OWiDa up Dell' IOIdway. wilb Iou of cIicIeJ InICb have upitu-.Ddy more uduna and dcx:tor v1ai&s ..... dIiJdn:a a abort di.,.~ away.. said IOehunao. Olbrr dfecu Ire slower IIId broadei.such as matin. &be JlId*ms of aIlcl- IY suffcn:n wone. IIId lriuen.., ~ broochilis-type CODdiIioas in bip.rist poupslib &be cldedy aad jibe yery YOU~I. .But tbae is DOW DeW eviclcGce. ill die Jut YeM or two.1hM air poUudoD is uend.teet wilb &he CIUIion of I~ discuc.. said IOciomao. Dr. Kleinm.. is a pofcuor ill &be Oepu1lDcDt of Commwaiay md Eaviroamcolal Mcdic:ioc at &be Upivcrsiay of Califomials Collegc of M"'<Iicinc at Irvine, and co-dircctor. of tbc Air Pollutioo Health EffCCb Labontory dacrc. He was a co-au~ of a major 1999 air poIlUlion repon prepared for tbc City of Houstoo by Sonoma TccbnololY. tided .. ASs~ssllllnl olllw HeGI.h Benefi.s o/lmpfOlling tiiT Quality in Houston, TeMs." That report coacludcd dUll Iberc ~ 435 pran;alUIC deaths . Yeaf in the HOUSlOD area as . direct result of fine paniclc poUutioo. A key fmdiaa of amplio. for the report was tIw HQUSlOD already bas a disturbingly high anoual averagc CODCCntnlioo of small panicle poIlutioo (known as panicu- laIC mailer or PM 2.5, loe i&a panidc SIZe of 2.5 miclODS in ctiamctcr). At II mic::roJI'UDI per cubic IDClCr 01 air. the -backpouod" or "oormaI" level of PM 2.5 .in dais area is clOle Ie? the propolCd national air quality SIaIl- dard of IS miavpams pel' cubic ~lCr. Thus any smaIJ boost in pollution can push UI well in&o tbc dialer level. Ambicaa PM 2.5 in the HOUSIOIl area comes mainly from aUlomobi1cs, trucks. ships, and pcuocbemical Uld I power pllIllS. .We were pacified to haye so OWly elected officials interesacd to learn about the large and powing body of racarch aboul the complex but unde- niable impacts of small pan,iclc .poIlUlion,- said OBCPA Chair Jim Blackburn. . I . 10 inrroducing KlciDmaD's ~~n, Blackburn rccolnizcd three com- panies in the Baypon iDdusuiai.complcx daaa, havc responded to citizen COD- CCJD about air quality. Americaq Aayl, NoYa1aod AIofiDII arc 6naacina local iostallalioo of a sophisaM:aICd air ~toring swioo where me presence of some 30 chemical subs&anccs iO tbc air will pc doc:wnenlcd in detail. AU daree (;ompanles also ha4 repmeotalivcs ancnding LO bear OBCPA's rcpon-back on small panicle ~IIULiOn. BIac~ noced thai monitorins by the Texas Natural Resources Conscivatioo Commission records ozone lev- els but DOt Ihc many otbu poUUWltS that will atso be InCkcd when the new Slation begins operations. RYC Audience Focuses (EdItor'. Note: The fGIIowIq wu subaaitled bylbe G...... ., Coasen..... aad Pracl'Yadoa ,4~1ioa. ~ alae ........ upa.... b, the Part oIl1ousloD oIlbe Bayport CbaueI Jut ...... 01 boab SboIaaa and La 1Wte.) More than a dozen declcd officials were in the crowd cbIr pacbd the Houscoo Yacht Clul) baIItoom last week 10 bear distinguisbed IOxicoIopsa Dr. Micbac.l Kleinman dcscribc hUIDIII bcaJth effecu of small paniele air poUUtiOll dcriYin. from diacl ~ MUll at . major project like &be propotcd t"nnI.i-1CnIIiaaI aatbc Baypon C'h."Del Swc Repmenaariyc John Davis (R) of Dillrict 129. Swe Senaror Mite Jacksoa (It), and P8sadcna MayOC" John MldlIoyc WCrt allbe cveDl- the finI in a rcpon-back series based on Baypon lechnical saudies commissiOned by the Galvesloo Bay Conscrvaliun and Preservation Association (OBCPA). All three rcprcsenl voters immediately atIcaed tJy lhe Pun of.HouslOD Audaoril)"S plans fOl' a megapon. : NalaIic Ong rcprcsenlCd the Ellago City Council and lIUSlee Bob Davee of the Clear 1..akc Independent School District Wls there. Tbrcc' HOUSIOD City Council candidates who also came 10 hear Dr. X1eiDmaD WCIf Oaudia W"1IJiamson. Mike O'Brien. and Dr. Shdley Sekula-Rodriguez. . More.lhan 300 reCCnl sludies document how small paniclc pollution from This article was published In The Bayshore Sun on Sunday July 29, 2001. Page 2 - . . TEXAS TRUCK SERVICE CENTER STREET AND ALLEY CLOSING REQUEST . City of La Porte August 13, 2001 . . . . . . Texas Truck Service Center Street & Alley Closing Request BARBOUR'S CUT BLVD. BACKGROUND The Port of Houston is expanding, creating hundreds of additional direct and indirect jobs. This expansion will have a positive impact on the local economy of La Porte, Texas. The expansion of international trade through the Port of Houston and thus La Porte, Texas will create additional service opportunities to businesses servicing the needs of specific trade businesses i.e. Transportation - Trucking. We believe the Stree~ and Alley closing before the City Council tonight is a step that will provide opportunities to make trucks safer in La Porte. It will also provide an opportunity for truckers to stay on a major thoroughfare while transporting goods to the Port of Houston. The Port of Houston was ranked first among u.s. ports in volume of foreign tonnage for all of 2000. ~ In terms of tonnage, the Port of Houston is the world's eighth largest port. In 2000, it ranked first in the u.s. in volume of foreign tonnage and second in total tonnage. ~ In 2000, more than 6,800 ships called on the Port of Houston, moving 175 million short tons of cargo. In containerized cargo, the Port handled more than one million TEUs (20- foot equivalent units), the largest volume in the Gulf of Mexico. ~ Total value of foreign trade through the Port in '00 was $43.4 billion, up 27 percent from the previous year. Leading trade partners by value were Mexico, Venezuela, Germany, Brazil and the United Kingdom. Houston's top five trading partners accounted for 35 percent of total foreign shipments. ~ The top five commodities traded-petroleum and petroleum products; machinery; organic chemicals; iron and steel; and vehicles-were 71 percent (by dollar value) of the total. ~ Two major railroads and 150 trucking lines connect the Port to the balance of the continental United States, Canada, and Mexico. We intend to take advantage of this opportunity by providing tires and other safety products for trucks. We also intend to develop a restaurant servicing the needs of truckers. . . . - . THE BUSINESS One of the most explosive businesses over the next 10 years in our local economy ( La Porte, Texas) will be trucking or the movement of goods in and out of the Port of Houston. How we provide goods and services to this expanding market (Trucking Business) will have a positive impact on the local economy. The Bottom line: ~ The Business of Trade, Transportation and Trucking will provide jobs for the local economy. ~ The Business of Trade, Transportation and Trucking brings thousands of people to La Porte, Texas everyday buying goods and services. ~ The Business of Trade, Transportation and Trucking is regulated in a positive way to create an environment where the safety on our local streets protects citizens and the transit of goods to and from the Port of Houston. The Safety Transportation Program for Trucks Implemented by the City of La Porte removes unsafe trucks from the road everyday. We provide an opportunity for these Trucks to get the parts they need and continue moving goods and services through to and from the Port of Houston in a safe and efficient manner. illlR.BllSINESS 1. We intend to service the needs of the trucking industry by providing various supplies and safety equipment for trucks. 2. We intend to provide critical maintenance supplies such as tires and batteries. 3. We also intend to build a restaurant to service the truckers. 4. Finally, we intend to be a good corporate partner with the City of La Porte by providing local jobs (17) and enhancing the tax base (2.5 million dollar investment). . . . e . OUR BUSINESS (continued) Street & Allay Clmdng Rp-qlJP-~t Our development for blocks 328 and 329 IS future-oriented and meets the requirements set forth by the City. ~ The Street and Alley request, complies with applicable ordinance requirements. ~ There are no development issues regarding then Street and Alley(s) closing. ~ A Replat will be filed in conjunction with the Street and Alley(s) closing request. ~ There are no staff objections to the closings. It is our understanding that when a street and alley closing request is received by the City, one of the first actions taken is to notify all of the City's franchise utility companies. These are Reliant, Entex, Southwestern Bell Telephone Company, and your local Cable companies. The City's Public Works Department is also notified. ~ The Franchise Utility Companies approved our request. ~ The Planning Department approved our request. ~ The Public Works Department approved our request It is also our understanding that any change in the scope of our business that requires a Special Conditional Use Permit (SCUP) must go before the Planning and Zoning Commission where a public hearing must be held. It is also our understanding that City Council must approve and SCUP for the business to develop those plans in accordance with the SCUP. ~ We are prepared to go to the Planning and Zoning Commission if we need to amend our current business plans or meet the requirements any city ordinance. It is also our understanding that our current plans are consistent with the overall growth and development of the City of La Porte and meet the guidelines set forth in the ordinance(s). We provide a good clean and safe business that can and will protect the public in many ways by providing the necessary tires, brake supplies and other safety products for trucks traveling in and out of La Porte. . . . - - e . Statement to La Porte City Council 6/13/2001 Good Evening, Mayor, City Council Members, City Manager and Staff I appreciate the opportunity to request the closing of 2nd Street north of North "E" and the Alley(s) located in block 329 and 328 adjacent to Barbour's Cut Blvd. My name is John Oliver, we currently operate the La Porte Truck Sales Center in La Porte at the comer of Hwy.146 and Barbours Cut Blvd. We currently have a quality operation that meets all the required ordinances within the City. We have created a business that we are proud to call a good start. The demand for additional quality services for trucks is growing and we want to build a Truck Service Center meeting those demands. Recently, It has been brought to my attention by another vender that we want to create a full service tank-fuel center outside the ordinance. This is not true. We will build a Truck Service Center within the current guidelines of the Ordinance. If we have request for additional products and services we will ask for a zoning change or Special Conditional Use Permit that protects the character and intent of the Comprehensive Plan, Zoning and Development Ordinance. e " . Let me clarify our position today. . . ~ One year ago we only wanted a truck sales center, today we want a truck service center located approximately ~ mile from our rust location. If we want to expand to create a full service tank fuel center it is my understanding that I would have to request a zoning change or amendment. We are prepared to go through that process at the appropriate time should it become financially feasible. It may be in our best interest to have a Fuel Center - But our primary focus today is to provide safety suppliesto trucks that travel in and qut of the Port of Houston. Tonight, I ask for your support to close North 2nd street from North "E" and two alleys for the purpose of building a Truck Service Center that meets the guidelines of the development ordinance and current zoning classification. I assure you, we will be good corporate citizens, creating jobs, enhancing the tax base and providing a service to businesses who serve the Port of Houston and the City of La Porte. Thank you for your consideration. . . . Highlights Street & Alley Closing: Name of Business: Approximate Value: Number of Employees: . . nd north of HE" North 2 and the Alley(s) in Blocks328 & 329 Name of Other Businesses in La Porte: Staff approval: Opening: Utility Companies approval: Zoning: TEXAS TRUCK SERVICE CENTER 2.5 million dollars 17 La Porte Truck Sales Yes Early 2002 Yes Business is willing to go the Planning and Zoning Commission to amend current plans if necessary and get City Council approval. Tonight the Texas Trl.lrk Servire Center requ.e!.t... a street and alley dosing only. {. .. :a .... .... --'\ '. August 10, 2001 City of.La Porte, Texas Attn.: City Councilmen & City Planningboard La Porte, Texas 77571 RE: Response to Nizar Momin Petition of July 23, 2001, on Lots 328 & 329; Narsi, Inc. Dear Councilmen, Our response to Mr. Momin's petition ofJuly 23,2001, is as follows: Issue I. In oriler to beautify the area, we should come up with the construction criteria; City . -. of La Porte should not allow building a metal building facing Highway 146. The front as well as both sides of buildings should be brick, concrete block and or stucco. These metal buildings do not give a very good impression about the city's image. Those metal buildings are eyesore. . Mr. Momin's concern about the type of building that should be built on Barbours Cut . ..... Blvd. However, we felt a need to address them. Specifically, in response to this issue, he rejects any type of metal building. Firstly, our building will be brick not metal. However, if Mr. Momin's view is accepted, many businesses would not be able to operate. In every city there exist some metal, brick, stucco and wood buildings side by side. His view is not economically feasible for the growth of business opportunities. Additionally, he forgets that he has a metal building on his property. Furthermore, our property does not face highway 146. This street is zone for commercial business and has a minimum of 1,000 per hour trucks using it as a thoroughfare. Although it is partially a residential area, our facility will be attractive. It will have trees, brushes and grass to enhance the beautification of the area. Our building will be an attractive building and not an eyesore. Issue n. /~... ., City of Dear Park recently passed an ordinance that will prohibit building of new apartment complexes, in order to improve the beautification on Barbours Cut Blvd., Highway 146 & 225, City of La Porte should consider banning permanently building truck depots as well as truck stops, truck fueling stations (attended or unattended). These kinds of operations creates environmental problems, prostitute and drug related crimes. ... ...., . , . Wherever we look around we see tankers, containers and trucks rather than a park or recreational facility. Therefore, we are requesting the city of La Porte Council to consider prohibiting these kinds of operations. Mr. Momin raises several questions in this issue that needs addressing separately. Firstly, this is not Dear Park, but the City of La Porte. Dear Park should not be able to dictate policy in the City of La Porte. Especially, in this particular area since it is zone for business. Secondly, banning truck stops benefits only those who do not want competition. Clearly, Mr. Momin is afraid of competition. He is seeking to have the only fueling station for the 1,000 plus trucks that pass his facility every hour. His position benefits him alone. His position does nothing to reduce unemployment in the area nor increase taxes or revenue for the city as our business certainly will benefit the area and the city. Thirdly, his position on more parks and recreational facility vs. trucks, containers and fueling facilities fails to address the area. It is a shipping and truck depot. It is design for that purpose. Therefore, our business falls within the stated purpose. Our business will be beneficial for the local residents as well as commercial landowners. Because we will provide food (restaurant and small grocery store), hotel, car and truck wash, truck repair and jobs, we intend to hire at least twenty people or more from the city of La Porte. Fourthly, Mr. Mornin's fear of drugs and prostitution as a commonality at fueling stations fails. Because he is the owner and operator of the same or similar type of facility, we intend to build. Maybe, he has drugs and prostitution at his facility. The sell of illegal drugs is everyone's concern including ours. That is why we intend to have a peace officer at our facility to prevent the sell of illegal drugs, prostitution and other crimes. And, our facility will not sell alcohol that includes beer, wine or other alcoholic beverages. Issue m. We believe these restrictions will (a) calm down the opposition and outrage of citizen for the Bayport Terminal Project and (b) enhance opportunities for other development to take place that will beautify the city's highway and main thoroughfares. Again, Mr. Mornin addresses the beautification of Barb ours. But his entire underline position is he's afraid of competition. Our facility will be a beautiful facility for that community and it will be good for business. Our facility will enhance that area not destroy it. Sincerely, Aymn Narsi, President Narsi, Inc. e e Petition Against Truck Stop On Barbours Cut Blvd From Residents of Green Oaks Apartments & Residents Around North 2nd, 3rd and 4th Streets Submitted to City Council Members, La Porte On August 13rd, 2001 August th, 2001 e Petition e Mayor, City Council Members, Planning & Zoning Board and City Planning Dept, La Porte, Texas We, the local residents living in La Porte, around North 2nd St & West Tyler St, wish to address the City Council regarding the proposed development on Barbours Cut Blvd. We are expressing a very strong opposition regarding a thought about developing business industrial activities. This depressed neighborhood does not want another shot in our arms by allowing building a truck stop related facility. City government efforts and civic organization groups such as North Side Neighborhood Steering Committee's efforts could back fire if such development is approved. This kind of development would be controversial to the efforts of Mr. James Warren who is City Council Member for District 4 and the efforts of North side Neighborhood Steering Committee. We like the city and civic group to rebuild and revitalize this neighborhood. We are working to get subsidies loans and grants from various governmental agencies to build affordable houses in this neighborhood. Therefore, We will need the dedicated street, North 2nd St between Block 328 & 329, once the houses are developed. North 2nd Street should be improved at that time at the taxpayer's expense. The alleyways crossing Block 328 & 329 should not be closed. It will be needed for the development of houses and access of utilities to neighborhood. Therefore. we the owners. the tax Davina citizens. are not interested in sellina the said dedicated street and allevwavs. We cannot imagine a truck stop being only a block away from The DeWalt School, North Side Parks and Recreation Center, Jennie Riley Community Center and apartment complexes where children are playing outside. Truck stop will invite large number of trucks being hanging around there with diesel engine running which could create an environmental problems for the neighborhood. We, the citizens are against any retail development on Barbours Cut Blvd that invites walk-in traffic from the neighborhood. In the past, we have faced with drugs, disturbances, violence's and prostitute problems in the area. We do not want to experience the same nightmare again. We don't want these kinds of retail developments in this neighborhood. Period. We the citizen are requesting the City Council that in future, each and every residents must be notified regarding any development activities in this area. We were never been informed when the zoning was changed from GC to BI. We are requesting the City Council to reinstate the zoning code of the said property. August th, 2001 e Petition e Mayor, City Council Members, Planning & Zoning Board and City Planning Dept, La Porte, Texas We, the local residents living in La Porte, around North 2nd St & West Tyler St, wish to address the City Council regarding the proposed development on Barbours Cut Blvd. We are expressing a very strong opposition regarding a thought about developing business industrial activities. This depressed neighborhood does not want another shot in our arms by allowing building a truck stop related facility. City government efforts and civic organization groups such as North Side Neighborhood Steering Committee's efforts could back fire if such development is approved. This kind of development would be controversial to the efforts of Mr. James Warren who is City Council Member for District 4 and the efforts of North side Neighborhood Steering Committee. We like the city and civic group to rebuild and revitalize this neighborhood. We are working to get subsidies loans and grants from various governmental agencies to build affordable houses in this neighborhood. Therefore, We will need the dedicated street, North 2nd St between Block 328 & 329, once the houses are developed. North 2nd Street should be improved at that time at the taxpayer's expense. The alleyways crossing Block 328 & 329 should not be closed. It will be needed for the development of houses and access of utilities to neighborhood. Therefore. we the owners. the tax pavinQ citizens. are not interested in sellinQ the said dedicated street and allevwavs. We cannot imagine a truck stop being only a block away from The DeWalt School, North Side Parks and Recreation Center, Jennie Riley Community Center and apartment complexes where children are playing outside. Truck stop will invite large number of trucks being hanging around there with diesel engine running which could create an environmental problems for the neighborhood. We, the citizens are against any retail development on Barbours Cut Blvd that invites walk-in traffic from the neighborhood. In the past, we have faced with drugs, disturbances, violence's and prostitute problems in the area. We do not want to experience the same nightmare again. We don't want these kinds of retail developments in this neighborhood. Period. We the citizen are requesting the City Council that in future, each and every residents must be notified regarding any development activities in this area. We were never been informed when the zoning was changed from GC to BI. We are requesting the City Council to reinstate the zoning code of the said property. August th, 2001 e Petition tit Mayor, City Council Members, Planning & Zoning Board and City Planning Dept, La Porte, Texas We, the local residents living in La Porte, around North 2nd St & West Tyler St, wish to address the City Council regarding the proposed development on Barbours Cut Blvd. We are expressing a very strong opposition regarding a thought about developing business industrial activities. This depressed neighborhood does not want another shot in our arms by allowing building a truck stop related facility. City government efforts and civic organization groups such as North Side Neighborhood Steering Committee's efforts could back fire if such development is approved. This kind of development would be controversial to the efforts of Mr. James Warren who is City Council Member for District 4 and the efforts of North side Neighborhood Steering Committee. We like the city and civic group to rebuild and revitalize this neighborhood. We are working to get subsidies loans and grants from various governmental agencies to build affordable houses in this neighborhood. Therefore, We will need the dedicated street, North 2nd St between Block 328 & 329, once the houses are developed. North 2nd Street should be improved at that time at the taxpayer's expense. The alleyways crossing Block 328 & 329 should not be closed. It will be needed for the development of houses and access of utilities to neighborhood. Therefore. we the owners. the tax oavina citizens. are not interested in sellina the said dedicated street and allevwavs. We cannot imagine a truck stop being only a block away from The DeWalt School, North Side Parks and Recreation Center, Jennie Riley Community Center and apartment complexes where children are playing outside. Truck stop will invite large number of trucks being hanging around there with diesel engine running which could create an environmental problems for the neighborhood. We, the citizens are against any retail development on Barbours Cut 81vd that invites walk-in traffic from the neighborhood. In the past, we have faced with drugs, disturbances, violence's and prostitute problems in the area. We do not want to experience the same nightmare again. We don't want these kinds of retail developments in this neighborhood. Period. We the citizen are requesting the City Council that in future, each and every residents must be notified regarding any development activities in this area. We were never been informed when the zoning was changed from GC to 81. We are requesting the City Council to reinstate the zoning code of the said property. ('" (( ~~i;!~~~~.~Mf!i~ ~A~5 j~~~.;5 . I. August 7th, 2001 e Petition e Mayor, City Council Members, Planning & Zoning Board and City Planning Dept, La Porte, Texas We, the local residents living in La Porte, around North 2nd St & West Tyler St, wish to address the City Council regarding the proposed development on Barbours Cut Blvd. We are expressing a very strong opposition regarding a thought about developing business industrial activities. This depressed neighborhood does not want another shot in our arms by allowing building a truck stop related facility. City government efforts and civic organization groups such as North Side Neighborhood Steering Committee's efforts could back fire if such development is approved. This kind of development would be controversial to the efforts of Mr. James Warren who is City Council Member for District 4 and the efforts of North side Neighborhood Steering Committee. We like the city and civic group to rebuild and revitalize this neighborhood. We are working to get subsidies loans and grants from various governmental agencies to build affordable houses in this neighborhood. Therefore, We will need the dedicated street, North 2nd St between Block 328 & 329, once the houses are developed. North 2nd Street should be improved at that time at the taxpayer's expense. The alleyways crossing Block 328 & 329 should not be closed. It will be needed for the development of houses and access of utilities to neighborhood. Therefore. we the owners. the tax Davina citizens. are not interested in sellina the said dedicated street and allevwavs. We cannot imagine a truck stop being only a block away from The DeWalt School, North Side Parks and Recreation Center, Jennie Riley Community Center and apartment complexes where children are playing outside. Truck stop will invite large number of trucks being hanging around there with diesel engine running which could create an environmental problems for the neighborhood. We, the citizens are against any retail development on Barbours Cut Blvd that invites walk-in traffic from the neighborhood. In the past, we have faced with drugs, disturbances, violence's and prostitute problems in the area. We do not want to experience the same nightmare again. We don't want these kinds of retail developments in this neighborhood. Period. We the citizen are requesting the City Council that in future, each and every residents must be notified regarding any development activities in this area. We were never been informed when the zoning was changed from GC to BI. We are requesting the City Council to reinstate the zoning code of the said property. August 7th, 2001 e Petition e Mayor, City Council Members, Planning & Zoning Board and City Planning Dept, La Porte, Texas We, the local residents living in La Porte, around North 2nd St & West Tyler St, wish to address the City Council regarding the proposed development on Barbours Cut Blvd. We are expressing a very strong opposition regarding a thought about developing business industrial activities. This depressed neighborhood does not want another shot in our arms by allowing building a truck stop related facility. City government efforts and civic organization groups such as North Side Neighborhood Steering Committee's efforts could back fire if such development is approved. This kind of development would be controversial to the efforts of Mr. James Warren who is City Council Member for District 4 and the efforts of North side Neighborhood Steering Committee. We like the city and civic group to rebuild and revitalize this neighborhood. We are working to get subsidies loans and grants from various governmental agencies to build affordable houses in this neighborhood. Therefore, We will need the dedicated street, North 2nd St between Block 328 & 329, once the houses are developed. North 2nd Street should be improved at that time at the taxpayer's expense. The alleyways crossing Block 328 & 329 should not be closed. It will be needed for the development of houses and access of utilities to neighborhood. Therefore. we the owners. the tax oavina citizens. are not interested in sellina the said dedicated street and allevwavs. We cannot imagine a truck stop being only a block away from The DeWalt School, North Side Parks and Recreation Center, Jennie Riley Community Center and apartment complexes where children are playing outside. Truck stop will invite large number of trucks being hanging around there with diesel engine running which could create an environmental problems for the neighborhood. We, the citizens are against any retail development on Barbours Cut 81vd that invites walk-in traffic from the neighborhood. In the past, we have faced with drugs, disturbances, violence's and prostitute problems in the area. We do not want to experience the same nightmare again. We don't want.these kinds of retail developments in this neighborhood. Period. We the citizen are requesting the City Council that in future, each and every residents must be notified regarding any development activities in this area. We were never been informed when the zoning was changed from GC to 81. We are requesting the City Council to reinstate the zoning code of the said property. August th, 2001 e Petition e Mayor, City Council Members, Planning & Zoning Board and City Planning Dept, La Porte, Texas We, the local residents living in La Porte, around North 2nd St & West Tyler St, wish to address the City Council regarding the proposed development on Barbours Cut Blvd. We are expressing a very strong opposition regarding a thought about developing business industrial activities. This depressed neighborhood does not want another shot in our arms by allowing building a truck stop related facility. City government efforts and civic organization groups such as North Side Neighborhood Steering Committee's efforts could back fire if such development is approved. This kind of development would be controversial to the efforts of Mr. James Warren who is City Council Member for District 4 and the efforts of North side Neighborhood Steering Committee. We like the city and civic group to rebuild and revitalize this neighborhood. We are working to get subsidies loans and grants from various governmental agencies to build affordable houses in this neighborhood. Therefore, We will need the dedicated street, North 2nd St between Block 328 & 329, once the houses are developed. North 2nd Street should be improved at that time at the taxpayer's expense. The alleyways crossing Block 328 & 329 should not be closed. It will be needed for the development of houses and access of utilities to neighborhood. Therefore. we the owners. the tax paving citizens. are not interested in selling the said dedicated street and allevwavs. We cannot imagine a truck stop being only a block away from The DeWalt School, North Side Parks and Recreation Center, Jennie Riley Community Center and apartment complexes where children are playing outside. Truck stop will invite large number of trucks being hanging around there with diesel engine running which could create an environmental problems for the neighborhood. We, the citizens are against any retail development on Barbours Cut Blvd that invites walk-in traffic from the neighborhood. In the past, we have faced with drugs, disturbances, violence's and prostitute problems in the area. We do not want to experience the same nightmare again. We don't want these kinds of retail developments in this neighborhood. Period. We the citizen are requesting the City Council that in future, each and every residents must be notified regarding any development activities in this area. We were never been informed when the zoning was changed from GC to BI. We are requesting the City Council to reinstate the zoning code of the said property. / August th, 2001 e Petition - Mayor, City Council Members, Planning & Zoning Board and City Planning Dept, La Porte, Texas We, the local residents living in La Porte, around North 2nd St & West Tyler St, wish to address the City Council regarding the proposed development on Barbours Cut Blvd. We are expressing a very strong opposition regarding a thought about developing business industrial activities. This depressed neighborhood does not want another shot in our arms by allowing building a truck stop related facility. City government efforts and civic organization groups such as North Side Neighborhood Steering Committee's efforts could back fire if such development is approved. This kind of development would be controversial to the efforts of Mr. James Warren who is City Council Member for District 4 and the efforts of North side Neighborhood Steering Committee. We like the city and civic group to rebuild and revitalize this neighborhood. We are working to get subsidies loans and grants from various governmental agencies to build affordable houses in this neighborhood. Therefore, We will need the dedicated street, North 2nd St between Block 328 & 329, once the houses are developed. North 2nd Street should be improved at that time at the taxpayer's expense. The alleyways crossing Block 328 & 329 should not be closed. It will be needed for the development of houses and access of utilities to neighborhood. Therefore. we the owners. the tax Davina citizens. are not interested in sellina the said dedicated street and allevwavs. We cannot imagine a truck stop being only a block away from The DeWalt School, North Side Parks and Recreation Center, Jennie Riley Community Center and apartment complexes where children are playing outside. Truck stop will invite large number of trucks being hanging around there with diesel engine running which could create an environmental problems for the neighborhood. We, the citizens are against any retail development on Barbours Cut Blvd that invites walk-in traffic from the neighborhood. In the past, we have faced with drugs, disturbances, violence's and prostitute problems in the area. We do not want to experience the same nightmare again. We don't want these kinds of retail developments in this neighborhood. Period. We the citizen are requesting the City Council that in future, each and every residents must be notified regarding any development activities in this area. We were never been informed when the zoning was changed from GC to BI. We are requesting the City Council to reinstate the zoning code of the said property. L-fl7o J.o-. August th, 2001 e Petition e Mayor, City Council Members, Planning & Zoning Board and City Planning Dept, La Porte, Texas We, the local residents living in La Porte, around North 2nd St & West Tyler St, wish to address the City Council regarding the proposed development on Barbours Cut Blvd. We are expressing a very strong opposition regarding a thought about developing business industrial activities. This depressed neighborhood does not want another shot in our arms by allowing building a truck stop related facility. City government efforts and civic organization groups such as North Side Neighborhood Steering Committee's efforts could back fire if such development is approved. This kind of development would be controversial to the efforts of Mr. James Warren who is City Council Member for District 4 and the efforts of North side Neighborhood Steering Committee. We like the city and civic group to rebuild and revitalize this neighborhood. We are working to get subsidies loans and grants from various governmental agencies to build affordable houses in this neighborhood. Therefore, We will need the dedicated street, North 2nd St between Block 328 & 329, once the houses are developed. North 2nd Street should be improved at that time at the taxpayer's expense. The alleyways crossing Block 328 & 329 should not be closed. It will be needed for the development of houses and access of utilities to neighborhood. Therefore. we the owners. the tax payina citizens. are not interested in sellina the said dedicated street and allevwavs. We cannot imagine a truck stop being only a block away from The DeWalt School, North Side Parks and Recreation Center, Jennie Riley Community Center and apartment complexes where children are playing outside. Truck stop will invite large number of trucks being hanging around there with diesel engine running which could create an environmental problems for the neighborhood. We, the citizens are against any retail development on Barbours Cut Blvd that invites walk-in traffic from the neighborhood. In the past, we have faced with drugs, disturbances, violence's and prostitute problems in the area. We do not want to experience the same nightmare again. We don't want these kinds of retail developments in this neighborhood. Period. We the citizen are requesting the City Council that in future, each and every residents must be notified regarding any development activities in this area. We were never been informed when the zoning was changed from GC to BI. We are requesting the City Council to reinstate the zoning code of the said property. Co perned Citizen of La Porte. e e Petition Against Truck Stop On Barbours Cut Blvd From Zion Hill Baptist Church 6th Street & Madison Submitted to City Council Members, La Porte On August 13rd, 2001 , . e e Dear Church Leaders, We are a group of concerned citizens for the well being of the North Side and we request your assistance in thwarting the attempt to build a 'truck stop' in our back yard. If you don't know about this travesty, arm yourselfl Please ask questions to any of the following people: ~-"" .~. 'i ~~~.~ ~ / Charlie Perry, President of the La Porte Community Civic Club; Betty Gibson, Vice President of the La Porte Community Civic Club District 4 City Council Representative, James Warren; Or Any of the La Porte Community Civic Club Members. Signatures and commitment. We need to organize a petition drive within your church., signatures on the petitions will be given to City Council at their next meeting on Monday, August 13. Second, we need a representative or many representatives from your parish to come down to City Hall for the City Council Meeting for a mass showing of support for the opportunity to reject this unwanted source of possible misery for our area. Typically, these 'truck ghettos' breed more than their fair share of illegal occupations. Honestly, do we need anymore misery in our community? City Council Meeting; City Hall 6pm, Monday, August 13. Please show your support- your neighbors are depending on you! Thanks. [f L e - August 13, 2001 Mayor, City Council Members, Planning and Zoning Board and Planning Department, Our church is located in District 4 on the 'North Side' part of town. We have been located here for many years and are an integrated part ofthis community. Everyday we face many more problems than other districts have to deal with. Our hope is to rid ourselves of these excessive troubles with a goal of community continuity, family safety and civil prosperity. We can effectively obtain these goals by submitting our feelings on agenda that affects our lives. We understand that a landowner/investor wishes to operate a 'truck stop' that would consist of a retail convenience store, restaurant and a tire changing facility on the south side ofBarbours Cut near North 2nd and North 3rd Streets. Weare totally against the development of such a facility for the following reasons: -With the help of the City and other agencies, we are trying to revitalize our neighborhood. We would like to see affordable housing built in this area with retail commerce that supports the neighborhood not a business that would take away from the people that live here. The 'truck stop' is a self-serving, single minded venture that does nothing to support our efforts. -We want a crime free environment for all of the families that live on the Northside. Such developments historically are notorious for illegal drugs, prostitution and other less desirable elements of society. On top of being a nuisance to this community, this facility would further delay reaching our goals. -The trucks that currently travel Barbours Cut already create health hazards with air pollution, noise pollution and safety issues. We, the members of: Zion Hill Baptist Church 6th & Madison do not want any more problems in our community and we do not want this 'truck stop' to be allowed to open in our neighborhood. . . e e . August 13,2001 , Mayor, City Council Members, Planning and Zoning Board and Planning Department, Our church is located in District 4 on the 'North Side' p~ of town. We have been located here for many years and are an integrated part of this community. Everyday we face many more problems than other districts have to deal with. Our hope is to rid ourselves of these excessive troubles with a goal of community continuity, f<mlliy safety and civil prosperity. We can effectively obtain these goals by submitting our feelings on agenda that affects our lives. . . We understand that a landowner/investor wishes to operate a 'truck stop' that would consist of a retail convenience store, restaurant and a tire changing facility on the south side ofBarbours Cut near North 2nd and: North 3rd Streets. Weare totally against the development of such a facility for the following reasons: - With the help of the City and other agencies, we are trying to revitalize our neighborhood. We would like to see affordable housing built in this area with retail commerce that supports the .neighborhood not a business that would take away from the people that live here. The 'truck stop' is a self-serving, single minded venture that does nothing to support our efforts. I -We want a crime free environment for all of the families that live on the Northside. Such developments historically are notorious for illegal drugs, prostitution and othe~ less desirable elements of society. On top of being a nuisance to this community, this facility would further delay reaching our goals. -The trucks that currently travel Barbours Cut already create health hazards with air pollution, noise pollution and safety issues. We, the members of: Zion Hill Baptist Church 6th & Madison do not want any more problems in our community and ;we do not want this 'truck stop' to be allowed to open in our neighborhood. I . . e e August 13,2001 Mayor, City Council Members, Planning and Zoning Board and Planning Department, Our church is located in District 4 on the 'North Side' part of town. We have been located here for many years and are an integrated part of this community. Everyday we face many more problems than other districts have to deal with. Our hope is to rid ourselves of these excessive troubles with a goal of community continuity, family safety and civil prosperity. We can effectively obtain these goals by submitting our feelings on ~genda that affects our lives: , We understand that a landowner/investor wishes to operate a 'truck stop' that would consist of a retail convenience store, restaurant and a tire changing facility on the south side ofBarbours Cut near North 2nd and North 3rd Streets. Weare totally against the development of such a, facility for the following reasons: -With the help:ofthe City and other agencies, we are trying to reVitalize our neighborhood. We would like to see affordable houSing built ip this area with retail commerce that supports the neighborhood not a business that would take away from the people that live here. The 'truck stop' is a self-serving, single minded venture that does nothing tb support our efforts. . -We want a crime free environment for all of the families that live' on the Northside. Such developments historically are, notorious for illegal drugs, prostitution and other less desirable elements of society. On top of being a nuisance to this community, this facility would further delay reaching our goals. -The trucks that currently travel Barbours Cut already create health hazards with air pollution, noise pollution and safety issues. We, the members of: Zion Hill Baptist Church 6th & Madison do not want,any more problems in our community and we do not want this 'truck stop' to be allowed to open in our neighborhood. /"", -. " . t e e August 13, 200'1 Mayor, City Council Members, Planning and Zoning Board and Planning Department, Our church is located in District 4 on the 'North Side' part of town. We have been located here for many years and are an integrated part of this community. Everyday we face many more problems than other districts have to deal with. Our hope is to rid ourselves of these excessive troubles with a goal of community continuity, family safety and civil prosperity. We can effectively obtain these goals by submitting our feelings on agenda that affects our liv~s. , We understand that a landowner/investor wishes to operate a 'truck stop' that would consist of a retail convenience store, restaurant and a tire changing facility on the south side ofBarbours Cut near North 2nd and North 3rd Streets. . . Weare totaVy against the development of Such a facility for the following reasons: -With the help of the City and other agencies, we are trying to revitalize our neighborhood. We would like to see affordable housing built in this area with retail commerce that supports the neighborhood not a business that would takeaway from the people that live here. The 'truck stop' is a self-serving, single minded venture that does nothing to suppqrt our efforts. -We want a crime free environment for all of the families that live on the Northside. Such developments historically are notorious for illegal drugs, prostitution and other less desirable elements of society. On top of being a nuisance to this community, this facility would further delay reaching our goals. - The trucks that currently travel Barbours Cut already create health hazards with air pollution, noise pollutiqn and safety issues. We, the members of: Zion Hill Baptist Church 6th & Madison do not want any more problems in our community and we do not want this 'tru~k stop' to be allowed to open in our neighborhood. 11' . .... e e · August 13, 2001 Mayor, City Council Members, Planning and Zoning Board and Planning Department,. O~ church is located in District 4 on the 'North Side' part of town.. We have been located here for many years and are an integrated part ofthis community. Everyday we face many more problems than other districts have to deal with. Our hope is to rid ourselves of these excessive troubles with a goal of community continuity, family safety and civil prosperity. We can effectively obtain these goals by submitting our feelings on agenda that affects our lives. We understand that a landowner/investor wishes to operate a 'truck stop' that would consist ofa retail convenience store, restaurant and a tire changing facility on the south side ofBarbours Cut near North 2nd and North 3rd Streets. Weiare totally'against the development of such a facility for the following reasons: -With the help of the City and other agencies, we are trying to revitalize oUr neighborhood. We would like to see affordable housing built in this area with retail commerce that supports the 'neighborh90d not a business that would take away from the people that live here. The 'truck stop' is a self-serving, single minded venture that does nothing to support our efforts. I -We want a crime free environment for all of the families thatlive on the Northside. Such developments historically are notorious for illegal drugs, prostitution and other less desir<)ble elements of society. On top of being a nuisance to this community, this facility would further delay reaching our goals. - The trucks that currently travel Barbours Cut already create health hazards with air pollutio~ noise pollution and safety issues. We, the members of: Zion Hill Baptist Church 6th & Madison do not want any more problems in our ~ommunity and we do n~t want this 'truck stop' to be allowed to open in our neighborhood. i ; , ,D_"': · C~tit!" Against TrllCk Stop On Bllrbours Cut BlVd From Power House Deliverance Holbtess Church 401 North sO' Street . Submitted to City CouncU Members, La Porte 0" August 131'4, 2001 e e ... Dear Church Leaders, We are a group of concerned citizens for the well being of the North Side and we request your assistance in thwarting the attempt to build a 'truck stop' in our back yard. If you don't know about this travesty, arm yourself! Please ask questions to any of the following people: Charlie Perry, President of the La Porte Community Civic Club; Betty Gibson, Vice President of the La Porte Community Civic Club District 4 City Council Representative, James Warren; Or Any of the La Porte Community Civic Club Members. Signatures and commitment. We need to organize a petition drive within your church., signatures on the petitions will be given to City Council at their next meeting on Monday, August 13. Second, we need a representative or many representatives from your parish to come down to City Hall for the City Council Meeting for a mass showing of support for the opportunity to reject this unwanted source of possible misery for our area. Typically, these 'truck ghettos' breed more than their fair share of illegal occupations. Honestly, do we need anymore misery in our community? City Council Meeting; City Hall 6pm, Monday, August 13. Please show your support- your neighbors are depending on you! Thanks. e e ... August 13,2001 Mayor, City Council Members, Planning and Zoning Board and Planning Department, Our church is located in District 4 on the 'North Side' part of town. We have been located here for many years and are an integrated part of this community. Everyday we face many more problems than other districts have to deal with. Our hope is to rid ourselves of these excessive troubles with a goal of community continuity, family safety and civil prosperity. We can effectively obtain these goals by submitting our feelings on agenda that affects our lives. We understand that a landowner/investor wishes to operate a 'truck stop' that would consist of a retail convenience store, restaurant and a tire changing facility on the south side ofBarbours Cut near North 2nd and North 3rd Streets. Weare totally against the development of such a facility for the following reasons: -Wrth the help of the City and other agencies, we are trying to revitalize our neighborhood. We would like to see affordable housing built in this area with retail commerce that supports the neighborhood not a business that would take away from the people that live here. The 'truck stop' is a self-serving, single minded venture that does nothing to support our efforts. -We want a crime free environment for all of the families that live on the Northside. Such developments historically are notorious for illegal drugs, prostitution and other less desirable elements of society. On top of being a nuisance to this community, this facility would further delay reaching our goals. -The trucks that currently travel Barbours Cut already create health hazards with air pollution, noise pollution and safety issues. We, the members of: Power House Deliverance Holiness Church 401 N 5th do not want any more problems in our community and we do not want this 'truck stop' to be allowed to open in our neighborhood. e e, , August 13,2001 Mayor, City Council Members, Planning and Zoning Board and Plamling Department, Our church is located in District 4 on tl1.e 'North Side' part of town. We have been located here for many years and are an integrated part of this community. Everyday we face many more problems than other districts have to deal with. Our hope is to rid ourselves of these excessive troubles with ,a goal of community continuity, family safety and civil prosperity. We can effectively obtain these goals by submitting our feelings on agenda that affects our lives. We understand that a landowner/investor wishes to operate a 'truck stop' that would consist of a retail convenience store, restaurant and a tire changing facility on the south side ofBarbours Cut near North 2nd and North 3rd Streets. ' . Weare totally against the development of such a facility for the following re~sons: - With the help of the City and other agencies, we are trying to revitalize our neighborhood. We would like to see affordable housing built in this area with retail commerce ~hat supports the neighborhood not a business that would take away from the people that live here. The 'truck stop' is a self-serving, single minded venture that does nothing to support our efforts. I - We want a crime free environment for all of the families that live on the Northside. Such develoi,ments historically are notorious for illegal drugs, pro~titution and other less desirable elements of society. On top of being a nuisance to this community, this facility would further delay reaching our goals. - The trucks that currently travel :aarbours Cut already create health hazards with air pollution, noise pollution and safety issues. We, the members of: Power House Deliverance Holiness Church 401 N 5th do not want any more problems in our c;ommunity and we do not want this 'truck stop' to be allowed to open in our neighborhood. i e e of Petition Against Truck Stop On Barbours Cut Blvd From North 11th & North 12nd and Various Residents in La Porte Submitted to City Council Members, La Porte On August 13rd, 2001 e e .... August 7, 2001 Petition Mr. Mayor Malone, and City Council Members, La Porte Planning & Zoning Board, La Porte, Texas City Planning Department, La Porte, Texas We, local residents living in District 4 have come to know that a landowner wants to develop a truck stop consist of convenience store, restaurant and a tire facility off the Barbours Cut Blvd. Wear, against the development of such a facility. ; We /\vish to see that our neighborhood becomes a crime free neighborhood. Such a development may be a nuisance for the local residents. We do not want a "Truckers' Ghetto" in our neighborhood. Diesel smoke creates air pollution, which m turn creates allergy, bronchitis type conditions, and asthma and lung disease. Please do not create a nightmare for the law enforcement department in this area. We are requesting that the City Council, Planning & Zoning Board and Planning Department should not compromise the safety. security and healthy neighborhood in the area for anything. Sincerely, Concerned Citizens of La Porte e e .... August 7, 2001 Petition Mr. Mayor Malone, and City Council Members, La Porte Planning & Zoning Board, La Porte, Texas City Planning Department, La Porte, Texas We, local residents living in District 4 have come to know that a landowner wants to develop a truck stop consist of convenience store, restaurant and a tire facility off the Barbours Cut Blvd. We are against the development of such a facility. We wish to see that our neighborhood becomes a crime free neighborhood. Such a development may be a nuisance for the local residents. We do not want a "Truckers' Ghetto" in our neighborhood. Diesel smoke creates air pollution, which m turn creates allergy, bronchitis type conditions, and asthma and lung disease. Please do not create a nightmare for the law enforcement department in this area. We are requesting that the City Council, Planning & Zoning Board and Planning Department should not compromise the safety, security and healthy neighborhood in the area for anything. Sincerely, Concerned Citizens of La Porte 7/ 775)/ e e August 7, 2001 Petition Mr. Mayor Malone, and City Council Members, La Porte Planning & Zoning Board, La Porte, Texas City Planning Department, La Porte, Texas We, local residents living in District 4 have come to know that a landowner wants to develop a truck stop consist of convenience store, restaurant and a tire facility off the Barbours Cut Blvd. We are against the development of such a facility. We wish to see that our neighborhood becomes a crime free neighborhood. Such a development may be a nuisance for the local residents. We do not want a "Truckers' Ghetto" in our neighborhood. Diesel smoke creates air pollution, which In turn creates allergy, bronchitis type conditions, and asthma and lung disease. Please do not create a nightmare for the law enforcement department in this area. We are requesting that the City Council. Planning & Zoning Board and Planning Department should not compromise the safety. security and healthy neighborhood in the area for anything. Sincerely, Concerned Citizens of La Porte 7 It.) Nodi, )) ~r- \. \ l \ e e ~ August 7, 2001 Petition Mr. Mayor Malone, and City Council Members, La Porte Planning & Zoning Board, La Porte, Texas City Planning Department, La Porte, Texas We, local residents living in District 4 have come to know that a landowner wants to develop a truck stop consist of convenience store, restaurant and a tire facility off the Barbours Cut Blvd. Weare against the development of such a facility. We wish to see that our neighborhood becomes a crime free neighborhood. Such a development may be a nuisance for the local residents. We do not want a "Truckers' Ghetto" in our neighborhood. Diesel smoke creates air pollution, which ill turn creates allergy, bronchitis type conditions, and asthma and lung disease. Please do not create a nightmare for the law enforcement department in this area. We are requesting that the City Council, Planning & Zoning Board and Planning Department should not compromise the safety, security and healthy neighborhood in the area for anything. Sincerely, Concerned Citizens of La Porte / ~ /' ~(;)$L: ~~~f;tJ;L~$ tl/~ ~~ t- - July 13,2001 To: e e Petition City Council, La Porte, Texas Planning & Zoning Board, La Porte, Texas City Planning Department, La Porte, Texas The Bayport Terminal Expansion Project seems to be a reality since the citizen of Harris County has approved the $1.3 billion dollars bond issues. Bayshore / La Porte's economic as well as residential growth is just about to take off in a big way. We may enjoy growth as it comes along but we the citizen may face some difficult challenges. While all these activities are happening around us we should maintain La Porte as a bedroom community. We need to encourage more single-family residential development and commercial retail shopping power centers. Weare glad that the City Council as well as Planning and Zoning Board with conjunction of City Planning Department are working together with the master plan. However, we wish to bring to your attention the following serious and thought provoking ideas for your consideration: 1. In order to beautify the area, we should come up with construction criteria. City of La Porte should not allow building a metal building facing Highway 146. The front as well as both sides of building should be brick, concrete block and or stucco. These metal buildings do not give a very good impression about the city's image. Those metal buildings are eyesore. 2. City of Deer Park recently passed an ordinance that will prohibit building of new apartment complexes. In order to improve the beautification on the Highway 146 and 225, city of La of Porte should consider banning permanently building truck depots as well as truck stops, truck fueling stations (attended or unattended). These kinds of operation creates environmental problems, prostitute and drug related crimes. Wherever we look around we see tankers, containers and trucks rather than park and recreational facility. Therefore, we are requesting the city of La Porte Council to consider prohibiting these kinds of operations. 3. We believe these restrictions will (a) calm down the opposition and outrage of citizen for the Bayport Terminal Project and (b) enhance opportunities for other development to take place that will beautify the city's highway and main thoroughfares. We hope that you will make a right decision for the city to look more beautiful. Sincerely, Concerned Citizen of La Porte 1 S I ( 77.5 71 ~ e e August 13, 2001 Mayor, City Council Members, Planning and Zoning Board and Planning Department, Our church is located in District 4 on the 'North Side' part of town. We have been located here for many years and are an integrated part of this community. Everyday we face many more problems than other districts have to deal with. Our hope is to rid ourselves ofthese excessive troubles with a goal of community continuity, family safety and civil prosperity. We can effectively obtain these goals by submitting our feelings on agenda that affects our lives. We understand that a landowner/investor wishes to operate a 'truck stop' that would consist of a retail convenience store, restaurant and a tire changing facility on the south side ofBarbours Cut near North 2nd and North 3rd Streets. Weare totally against the development of such a facility for the following reasons: -With the help of the City and other agencies, we are trying to revitalize our neighborhood. We would like to see affordable housing built in this area with retail commerce that supports the neighborhood not a business that would take away from the people that live here. The 'truck stop' is a self-serving, single minded venture that does nothing to support our efforts. -We want a crime free environment for all of the families that live on the Northside. Such developments historically are notorious for illegal drugs, prostitution and other less desirable elements of society. On top of being a nuisance to this community, this facility would further delay reaching our goals. -The trucks that currently travel Barbours Cut already create health hazards with air pollution, noise pollution and safety issues. We, the members of: New Hope Baptist Church 222 N. 4th St. do not want any more problems in our community and we do not want this 'truck stop' to be allowed to open in our neighborhood. e e August 13, 2001 Mayor, City Council Members, Planning and Zoning Board and Planning Department, Our church is located in District 4 on the 'North Side' part of town. We have been located here for many years and are an integrated part of this community. Everyday we face many more problems than other districts have to deal with. Our hope is to rid ourselves of these excessive troubles with a goal of community continuity, family: safety and civil prosperity. We can effectively obtain these goals by submitting our feelings on agenda that affects our lives. We understand that a landowner/investor wishes to operate a 'truck stop' that would consist of a retail' convenience store, restaurant and a tire changing facility on the south side ofBarbours Cut near North 2nd and North 3rd Streets. i Weare totally against the development of such a facility for the following reasons: -With the help of the City and other agencies, we are trying to revitalize our neighborhood. We would like to see affordable housing built in this area with retail commerce that supports the neighborhood not a business that would take away from the people that live here. The 'truck stop' is a self-servirig, single minded venture that does nothing to support our efforts. I -We want a crime free environment for all of the families that live on the Northside. Such developments historically are notorious for illegal drugs, prostitution and other less, desirable elements of society. On top of being a nuisance to this community, this facility would further delay reaching our goals. - The trucks that currently travel Barbours Cut already ~reate health hazards with air pollution, noise pollution and safety issues. We, the members of: New Hope Baptist Church 222 N. 4th St. do not want any more problems in our community and we do not want this 'truck stop' to be allowed to open in our neighborhood. e e August 13, 2001 Mayor, City Council Members, Planning and Zoning Board and Planning Department, Our church is, located in District 4 on the 'North Side' part of town. We have been located here for many years and are an integrated part ofthis community. Everyday we face many more problems than other districts have to deal with. Our hope is to rid ourselves of these excessive troubles with a goal of community continuity, family safety and civil prosperity. We can effectively obtain these goals by submitting our feelings on agenda that affects our lives. ' We understand that a landowner/investor wishes to operate a 'truck stop' that would consist of a retail convenience store, restaurant and a tire changing facility on the south side of Barbours Cut near North 2nd and North 3rd Streets. Weare totally against the development of such a facility for the following reasons: -With the help of the City and other agencies, we are trying to revitaliz~ our neighborhood. We would like to see affordable housing built in this area with retail commerce that supports the neighborhood not a business that would take away from the people that live here. The 'truck stop' is a self-serving, single minded venture that does nothing to suppprt our efforts. - We want a crime free environment for all of the families that live on the Northside. Such developments historically are notorious for illegal drugs, prostitution and other less desirable elements of society. On top of being a nuisance to this community, this facility would further delay reaching our goals. - The tfl:lcks that currently travel Barbours Cut already create health hazards with air pollution, noise pollution and safety issues. We, the members of: New Hope Baptist Church 222 N. 4th St. do not want any more problems in our community and we .do not want this 'truck stop' to be allowed to open iri. our neighborhood. . . e e Auglist 13,2001 Mayor, City Council Members, Planning and Zoning Board and Planning Department, Our church is located in District 4 on the 'North Side' part of town. We have been located here for many years and are an integrated part ofthis comrilUnity. Everyday we face many more problems than other districts have to deal with. Our hope is to rid ourselves of these excessive troubles with a goal of community continuity, family safety and civil prosperity. We can effectiv~ly obtain these goals by submitting our feelings on agenda that affects our lives. We understand that a landowner/investor wishes to operate a 'truck stop' that would consist of a retail convenience store, restaurant and a tire changing facility on the south side ofBarbours Cut near North 2nd and North 3rd Streets. ~ e are totally against the development of such a facility for the following reasons: -With the help of the City and other agencies, we are trying to revitalize our neighborhood. We would like to see affordable housing built in this area with retail commerce that supports the neighborhood not a business that : would take away from the people that live here. The 'truck stop' is a self-serving, single minded venture that does nothing to support our efforts. -We want a crime free environment for all of the families that live on the Northside. Such developments historically are notorious for illegal drugs, prostitution and other less desirable elements of society. On top of. being a nuisance to this community, this facility would further delay reaching our goals. ' -The trucks that currently travel Barbours Cut already create health hazards with air pollution, noise pollution and safety issues. We, the members of: New Hope Baptist Church 222 N. 4th St. do not want any more problems in our community and we do not want this 'truck stop' to be allowed to open in our neighborhood. . . . e e August 13, ~OOl Mayor, City Council Members, Planning and Zoning Board and Planning Department, Our church is located in District 4 on the 'North Side' part of town. We have been located here for many years and are an integrated part of this communitY. Everyday we face many more problems than other districts have to deal with. Our hope is to rid ourselves of these excessive troubles with a goal of community continuity, family safety and civil prosperity. We can effectively obtain these goals by submitting our feelings on agenda that affects our lives. We understand that a landowner/investor wishes to operate a 'truck stop' that would consist of a retail convenience store, restaurant and a tire changing facility on the south side ofBarbours Cut near:North 2nd and North 3rd Streets. Weare totally against the development of such a facility for the following reasons: -With the help of the City and other agencies, we are trying to revitalize our neighborhood. We would like to see affordable housing built in this area with retail commerce that supports the neighborhood not a business that would take away from the people that live here. The 'truck stop' is a self-serving, single minded venture that does nothing to support our efforts. I -We want a crime free environment for all of the families that live on the Northside. Such developments historically are notorious for illegal drugs, prostit~tion and other less desirable elements of society. On top of being a nuisance to this community, this facility would further delay reaching our goals. - The trucks that currently travel Barbours Cut already create health hazards with air pollution, noise pollution and safety issues. We, the members of: New Hope Baptist Church 222 N. 4th St. do not want any more problems in our community and we do not want this 'truck stop' to be allowed to open in our neighborhood. , e e August 13,2001 Mayor, City Council Members, Planning and Zoning Board and Planning Department, Our church is located in District 4 on the 'North Side' part oftown. We have been located here for many years and are an integrated part of this community. Everyday we face many more problems than other districts have to deal with. Our hope is to rid ourselves of these excessive troubles with a goal of community continuity, family safety and civil prosperity. We can effectively obtain these goals by submitting our feelings on agenda that affects our lives. We understand that a landowner/investor wishes to operate a 'truck stop' that would consist of a retail convenience store, restaurant and a tire changing facility on the south side ofBarbours Cut near North 2nd and North 3rd Streets. Weare totally against the development of such a facility for the following reasons: -With the help of the City and other agencies, we are trying to revitalize our neighborhood. We would like to see affordable housing built in this area with retail commerce that supports the neighborhood not a business that would take away from the people that live here. The 'truck stop' is a self-serving, single minded venture that does nothing to support our efforts. - We want a crime free environment for all of the families that live on the Northside. Such developments historically are notorious for illegal drugs, prostitution and other less desirable elements of society. On top of being a nuisance to this community, this facility would further delay reaching our goals. -The trucks that currently travel Barbours Cut already create health hazards with air pollution, noise pollution and safety issues. We, the members of: New Jerusalem: Church of God in Christ 2nd & Polk do not want any more problems in our community and we do not want this 'truck stop' to be allowed to open in our neighborhood. ~8V e e August 13,2001 Mayor, City Council Members, Planning and Zoning Board and Planning Department, Our church is located in District 4 on the 'North Side' part of town. We have been located here for many years and are an integrated part of this community. Everyday we face many more problems than other districts have to deal with. Our hope is to rid ourselves of these excessive troubles with a goal of community continuity, family safety and civil prosperity. We can effectively obtain these goals by submitting our feelings on ,agenda that affects our lives.. We understand that a landowner/investor wishes to operate a 'truck stop' that would consist of a retail convenience store, restaurant and a tire changing facility on the south side ofBarbours Cut near North 2nd and North 3rd Streets. Weare totally against the development of such ~ facility for the following reasons: _ With the help of the City and other agencies, we are trying to revitalize our neighborhood. We would like to see affordable housing built in this area with retail commerce that supports the neighborhood not a business that would take away from the people that live here. The 'truck stop' is a self-serving, single minded venture that does nothing tb support our efforts. -We want a crime free environment for all ofthe families that live on the Northside. Such developments historically are notorious for illegal drugs, prostitution and other less desirable elements of society. On top of being a nuisance to this community, this facility would further delay reaching our goals. ., The trucks that currently travel Barbours Cut already create health hazards with air pollution, noise pollution and safety issues. We, the members of: New Jerusalem: Church of God in Christ 2nd & Polk do not wan~ any more problems in our community and we do not want this 'truck stop' to be allowed to bpen in our neighborhood. e . August 13,2001 Mayor, City Council Members, Planning and Zoning Board and Planning Department, Our church is located in District 4 on the 'N<?rth Side' part of town. We have been located here for many years and are an integrated part of this community. Everyday we face many more problems than other districts have to deal with. Our hope is to rid ourselves of these excessive troubles with a goal of community continuity, family safety and civil prosperity. We can effectively obtain these goals by submitting our feelings on agenda that affects our lives. We understand that a landowner/investor wishes to operate a 'truck stop' that would consist of a retail convenience store, restaurant and a tire changing facility on the south side ofBarbours Cut near North 2nd and North 3rd Streets. Weare t~tally against the development bf such a facility for the following reasons: _ With the help ofthe City and other agencies, we are trying to revitalize our neighborhood. We would like to see affordable housing built in this area with retail commerce that supports the neighborhood not a business that would take away from the people that live here. The 'truck stop' is a self-serving, single minded venture that does nothing to support our efforts. - We want a crime free environment for all ofthe families that live on the Northside. Such developments' historically are notorious for illegal drugs, prostitution and other less desirable elements of society. On top of being a nuisance to this community, this facility would further delay reaching our goals. _ The trucks that currently travel Barbours Cut already create health hazards with air pollution, noise poijution and safety issues. We, the members of: New Jerusalem: Church of God in Christ 2nd & Polk do not want :any more problems in our community and we do not want this 'truck stop' to be allowed to open in our neighborhood. e . . August 13,2001 Mayor, City Council Members, Planning and Zoning Board and Planning Department, Our church is located in District 4 on the 'North Side' part of town. We have been located here for many years and are an integrated part of this community. Everyday we face many more problems than other districts have to deal with. Our hope is to rid ourselves of these excessive troubles with a goal of community continuity, , family safety and civil prosperity. We can effectively obtain these goals by submitting our feelings on agenda that affects our lives. We understand that a landowner/investor wishes to operate a 'truck stop' that would consist 'of a retail convenience store, restaurant and a tire changing facility on the south side ofBarbours Cut near North 2Jld and North 3rd Streets. Weare totally against the development of such a facility for the following reasons: , _ With the help of the City and other agencies, we are trying to revitalize our neighborhood. We would like to see affordable housing built in this area with retail commerce that suppoI1s the neighborhood not a business that would take away from the people that live here. The 'truck stop' is a self-serving, single minded venture that does nothing to support our efforts. I - We want a crime free environment for all of the families that live on the Northside. Such developments historically are notorious for illegal drugs, prostitution anq other less desirable elements of society. On top of being a nuisance to this community, this facility would further delay reaching our goals. -The trucks that currently travel Barbours Cut already create health hazards with air pollution, noise pollution and safety issues. We, the members of: New Jerusalem: Church of God in Christ 2nd & Polk do not want any more problems in our communitx and we do not want this 'truck stop' to be allowed to open in our neighborhood. i . , e . August 13, 2001 Mayor, City Council Members1 Planning and Zoning Board and Planning Department, Our church is located in District 4 on the 'North Side' part of town. We have been located here for many years and are an integrated part ofthis community. Everyday we face many more problems tha.D. other districts have to deal with. Our hope is to rid ourselves of these excessive troubles with a goal of community continuity, family safety and civil prosperity. We can effectively obtain these goals by submitting our feeling~ on agenda that affects our lives. We understand that a landowner/investor wishes to operate a 'truck stop' that would consist of a retail convenience store, restaurant and a tire changing facility on the south side ofBarbours Cut near North 2nd and North 3rd Streets. Weare totally against the development of suph a facility for the following reasons: _ With the help of the City and other agencies, we are trying to revitalize our neighborhood. We would like to see affordable housing built in this area with retail commerce that supports the neighborhood not a business that would t~e away from the people that live here. The 'truck stop' is a self-serving, single minded venture that does notWng to support our efforts. . -We want a crime free environment for all of the families that live on the Northside. Such developments historically are notorious for illegal drugs, prostitution and other less desirable elements of society. On top of being a nuisance to this community, this facility would further delay reaching our goals. -The trucks that currently travel Barbours Cut already create health hazards with air pollution, noise pollution and safety issues. We, the members of: New Jerusalem: Church of God in Christ 2nd & Polk do not want any more problems in our community and we do not want this 'truck stop' to be allowed :to open in our neighborhood.