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Home My WebLink About2001-09-10 Regular Meeting, Public Hearings and Workshop Meeting9 MINUTES OF THE REGULAR MEETING, PUBLIC HEARINGS, AND WORKSHOP MEETING OF LA PORTE CITY COUNCIL SEPTEMBER 10, 2001 1. CALL TO ORDER The meeting was called to order by Mayor Norman Malone at 6:00 PM Members of City Council Present: Councilpersons Chuck Engelken, Howard Ebow, Peter Griffiths, Alton Porter, James Warren, Charlie Young, Jerry Clarke, and Norman Malone. Members of Council Absent: Guy Sutherland Members of City Executive Staff and City Employees Present: City Manager Robert T. Herrera, City Attorney Knox Askins, Assistant City Manager John Joerns, City Secretary Martha Gillett, City Manager's Secretary Sara Urich, Finance Director Cynthia Alexander, Assistant Finance Director Michael Dolby, Director of Administrative Services Carol Buttler, Parks and Recreation Director Stephen Barr, Public Works Director Steve Gillett, Assistant Public Works Director Buddy Jacobs, Purchasing Manager Susan Kelley, Emergency Services Director Joe Sease, Planning Director Doug Kneupper, Police Chief Richard Reff, Planning Coordinator Masood Malik, Accounting Manager David Gunter, Building Official Debbie Wilmore, Receptionist/Deputy Clerk Susan Turner, Police Officer David Darby, Accountant Shelly Wolny, Secretary I Sherry Jennings, and Golf Pro Alex Osmond. Others Present: Bill Scott, Sib Carpenter, Spero Pomonis, Althea Perry, Ed Matuszak, Penny Garcia, Rudy Garcia, Mike Turner, Wayne Spears, Dan Chappell, Dr. B. L. Worsham, Tonia Lewis, Kathy Parisher, Joey Mosley, Michael Bingham, Debbie McClellan, Ray David, Dale David, Neal Fuqua, Douglas Hackerott, Silvia Rocha, Travis Barnett, Joe Scott, Idalia Martinez, Laura Hernandez, Eric Masterson, Chris Rupley, Don Wilmore, Sue Gail Kooken, Dave Tumquist, Nick Barrera, and a number of citizens. 2. Reverend, Oliver Stillwell of First Assembly of God delivered the invocation. 3. Council considered approving the minutes of the Special Called Regular and Budget Workshop Meeting August 20, 2001, Minutes of the Special Budget Workshop Meeting of August 21, 2001 and Regular Meeting and Public Hearing of La Porte on August 27, 2001. Motion was made by Councilperson Clarke to approve the minutes of the Special Called Regular and Budget Workshop Meeting August 20, 2001, Minutes of the Special Budget Workshop Meeting of August 21, 2001 and Regular Meeting and Public Hearing of La Porte on August 27, 2001. Second by Councilperson Warren. The motion carried. Ayes: Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and Malone. Nays: None Abstain: None 4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAXPAYERS WISHING TO ADDRESS COUNCIL. 0 0 City Council Minutes 9-10-01— Page 2 The following citizens addressed City Council Althea Perry - 3118 Ashton Ln. LaPorte, TX 77571 expressed her concerns with the flooding in Brookglen Subdivision. Ms. Perry feared that the homes being built in Deer Park would create more flooding problems. Dave Turnquist — 8503 Ashwyne Ln. La Porte, TX 77571 thanked the City Manager for working with him with an internship and allowing high school students to work within the city. Bill Scott —1802 Lomax School Rd. La Porte, TX 77571 compared the City of La Porte and City of Deer Park's budget and questioned whether the city benchmarks with other cities. Mr. Scott also suggested that the City of La Porte hire a staff attorney after comparing the cost of a City Attorney. Dan Chappell — 10439 Catlett La Porte, TX 77571 — spoke in favor of the Skateboard Park permit at Fairmont Park Baptist Church. Dr. B. L. Worsham — 9025 Carlow Ln. La Porte, TX 77571 spoke in favor of the Skateboard Park and voiced concerns to Council that the permit should have certain language stating that it is specifically for Fairmont Baptist Church only. Joey Mosley — 3715 Somerton La Porte, TX 77571 spoke in favor of the Skateboard Park permit. Wayne Spears 3109 Old Hickory La Porte, TX 77571 spoke in favor of the Skateboard Park permit. Kathy Parisher — 3122 Silver Springs La Porte, TX 77571 spoke in favor of the Skateboard Park and provided Council with a handout. Douglas Hackerott — 3300 Rollingbrook Dr. Baytown, TX 77520 spoke in favor of the Skateboard Park permit. Deborah McClellan — 10913 Pecan La Porte, TX 77571 — provided Council with property appraisals on Fairmont Park and spoke in favor of the Skateboard Park permit. Ms. McClellan added that HGAD value has no bearing on the market value of a home. Penny and Rudy Garcia — 3110 Oaken Ln. La Porte, TX 77571 both spoke against the Skateboard Park in Fairmont Park. Reverend Bingham — 331 S. 7`h La Porte, TX 77571 encouraged the citizens not in agreement on the Skateboard Park issue to work together and improve communication. 0 0 City Council Minutes 9-10-01— Page 3 PRESENTATIONS Proclamation — Constitution Week — Imogene Pulleine 6. Open Public Hearing — Mayor Malone opened the Public Hearing at 7:02 PM. Review by Staff — Doug Kneupper presented summary and recommendation of the Planning and Zoning Commission. Ed Matuszak — 10413 Catlett Ln. La Porte, TX 77571 spoke against the issuance of a special conditional use permit for Fairmont Baptist Church Penny Garcia — 3110 Oaken Ln. La Porte, TX 77571 spoke against the issuance of the permit for Fairmont and requested Council to give this matter more consideration. David Darby — 10908 Bois D'arc La Porte, TX 77571 spoke in favor of the Skateboard Park. Jeanett Blume — 3809 Youpon La Porte, TX 77571 spoke in favor of the Skateboard Park Recommendation of Planning and Zoning Commission — Planning Director Doug Kneupper informed City Council the Planning and Zoning Commission recommended the permit be approved with conditions outlined. Close Public Hearing — Mayor Malone closed the Public Hearing at 7:43 PM. 7. Council considered approving a Special Conditional Use Permit # SCU-01-003 for Fairmont Park Baptist Church. Planning Director Doug Kneupper presented summary and recommendation during the Public Hearing and answered Council's questions. City Attorney read: ORDINANCE 1501-RR— AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING A SPECIAL CONDITIONAL USE PERMIT FOR THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO WIT: TRACK 5, APPROXIMATELY 6.4980 ACRES OF LAND SITUATED IN THE W.J. PAYNE SUBDIVISION, LA PORTE HARRIS COUNTY, TEXAS; FOR THE PURPOSE OF EXPANDING CURRENT CHURCH ACTIVITIES TO INCLUDE OUTDOOR SKATEBOARD RAMPS AND AN OUTDOOR BICYCLE RAVE TRACK ON CHURCH PROPERTY LOCATED WITHIN A LOW -DENSITY RESIDENTIAL (R-1) ZONE; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. In addition Mr. Askins reviewed Section 8 of the Ordinance to ensure everyone understood the City's role and responsibility with regards to approving this permit. City Council Minutes 9-10-01— Page 4 Motion was made by Councilperson Griffiths to approve Ordinance 1501-RR- as presented by Mr. Kneupper and with conditions outlined in the recommendation. Second by Councilperson Ebow. The motion carried. Ayes: Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and Malone. Nays: None Abstain: None 8. Open Public Hearing — Mayor Malone opened the Public Hearing at: 8:08 PM. Review by Staff — Cynthia Alexander presented summary and recommendation Ed Matuszak — 10413 Catlett Ln. La Porte, TX 77571 informed Council that he would like to have seen funds placed in the budget for further evaluation on the Port of Houston. He also requested Council to place money in Skateboard Parks throughout the city to ensure equal opportunities to everyone in the city. Recommendation of Staff — Finance Director Cynthia Alexander recommended City Council adopt the budget as presented. Close Public Hearing — Mayor Malone closed the Public Hearing at 8:28 PM. 9. Council considered approving and adopting the budget for the City of La Porte for the period of October 1, 2001 through September 30, 2002. Director of Finance Cynthia Alexander presented summary and recommendation during the Public Hearing and answered Council's questions. City Attorney read: ORDINANCE 2001-2506 — AN ORDINANCE APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF LA PORTE, TEXAS FOR THE PERIOD OF OCTOBER 1, 2001 THROUGH SEPTEMBER 30, 2002; FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Young to approve Ordinance 2001-2506 as presented by Ms. Alexander. Second by Councilperson Engelken. The motion carried. Ayes: Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and Malone. Nays: None Abstain: None 10. Council considered approving resolution for acceptance of the appraisal roll. 0 0 City Council Minutes 9-10-01— Page 5 Finance Director Cynthia Alexander presented summary and recommendation and answered Council's questions. City Attorney read: RESOLUTION 2001-09 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, ADOPTING THE 2001 APPRAISAL ROLL OF THE HARRIS COUNTY APPRAISAL DISTRICT. Motion was made by Councilperson Clarke to approve Resolution 2001-09 as presented by Ms. Alexander. Second by Councilperson Griffiths. The motion carried. Ayes: Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and Malone. Nays: None Abstain: None. 11. Council considered approving an ordinance establishing the tax rate for Fiscal Year 2001- 02 at .71 cents per hundred -dollar valuation. Director of Finance Cynthia Alexander presented summary and recommendation and answered Council's questions. City Attorney read: ORDINANCE 2001-2507 — AN ORDINANCE LEVYING TAXES UPON TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT TO TAXATION IN THE CITY OF LA PORTE, TEXAS; MAKING APPROPRIATIONS FOR SUPPORT, MAINTENANCE, AND IMPROVEMENT OF THE CITY OF LA PORTE; FINDING THAT ALL REQUIRED NOTICES HAVE BEEN PUBLISHED AND ALL REQUIRED HEARINGS HELD; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Griffiths to approve Ordinance 2001-2507 as presented by Ms. Alexander. Second by Councilperson Young. The motion carried. Ayes: Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and Malone. Nays: None Abstain: None 12. Council considered approving an ordinance reducing the Water and Sewer rates. Director of Finance Cynthia Alexander presented summary and recommendation and answered Council's questions. City Attorney read: ORDINANCE 1666 —2 AN ORDINANCE LEVYING TAXES UPON TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT TO TAXATION IN THE CITY OF LA PORTE, TEXAS; MAKING APPROPRIATIONS FOR SUPPORT, MAINTENANCE, AND IMPROVEMENT OF THE CITY OF LA PORTE; FINDING THAT ALL REQUIRED NOTICES HAVE BEEN PUBLISHED AND ALL REQUIRED HEARINGS HELD; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. City Council Minutes 9-10-01— Page 6 Motion was made by Councilperson Young to approve Ordinance 1666-2 as presented by Ms. Alexander. Second by Councilperson Clarke. The motion carried. Ayes: Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and Malone. Nays: None Abstain: None 13. Council considered approving an ordinance authorizing the City to enter into an Industrial District Agreement and an ordinance authorizing the City to execute a Water Service Agreement and Sanitary Sewer Service Agreement with Don L. and Martha T. Tuffli Trust. Director of Planning Doug Kneupper presented summary and recommendation and answered Council's questions. City Attorney read: ORDINANCE 2000-IDA-61 — AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH DON L. AND MARTHA T. TUFFLI TRUST FOR THE TERM COMMENCING JANUARY 1, 2001, AND ENDING DECEMBER 31, 2007, MAKING VARIOUS FINDING AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Warren to approve Ordinance 2000-IDA-61 as presented by Mr. KneupTer. Second by Councilperson Griffiths. The motion carried. Ayes: Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and Malone. Nays: None Abstain: None 14. Council considered approving an ordinance authorizing a contract between the City of La Porte and Commodore Construction Corp. for construction of City Hall expansion/renovations; appropriating $1,688,438 plus a contingency of $84, 421 to fund said contract. Assistant City Manager John Joerns presented summary and recommendation and answered Council's questions. City Attorney read: ORDINANCE 2001-2509 — AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND COMMODORE CONSTRUCTION CORPORATION, FOR CONSTRUCTION OF CITY HALL EXPANSION/RENOVATIONS, APPROPRIATING $1,688,438 PLUS A CONTINGENCY OF $84,421, TO FUND SAID CONTRACT MAKING VARIOUS FINDING AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. 0 9 City Council Minutes 9-10-01— Page 7 A motion was made by Councilperson Griffiths to approve Ordinance 2001-2509 as presented by Mr. Joerns after making a successful review of the financial pre - qualification statement. Second by Councilperson Warren. The motion carried. Ayes: Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and Malone. Nays: None Abstain: None 15. Council considered authorizing the City Manager to sign the Agreement between the City of La Porte and the Crime Stoppers of the Bay Area, Inc., for the management, operation, administration and maintenance of a Crime Stoppers Program. Chief of Police Richard Reff presented summary and recommendation and answered Council's questions. City Attorney read: ORDINANCE 2001-2510 — AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND CRIME STOPPERS OF THE BAY AREA, INC. FOR THE MANAGEMENT, OPERATION, ADMINISTRATION AND MAINTENANCE OF A CRIME STOPPERS PROGRAM FOR THE BENEFIT OF THE CITY OF LA PORTE; 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 Griffiths to approve Ordinance 2001-2510 as presented by Mr. Reff. Second by Councilperson Engelken. The motion carried. Ayes: Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and Malone. Nays: None Abstain: None 16. Council considered voting delegate and alternate voting delegate for the 2001 Congress of Cities Conference. Motion was made by Councilperson Griffiths to appoint Guy Sutherland for voting delegate and Jerry Clarke as alternate voting delegate for the 2001 Congress of Cities Conference. Second by Mayor Malone. The motion carried. Ayes: Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and Malone. Nays: None Abstain: None 17. The workshop meeting was called to order by Mayor Malone at 8:15 PM. The following items were discussed during the workshop session: A. Establishing new fees at Bay Forest Golf Course. City Council Minutes 9-10-01— Page 8 Alex Osmond was given direction to do a comparison of only increasing non- residents and increasing all. This item will be brought back as a workshop and action item at the next scheduled meeting. 18. Workshop adjourned and the regular meeting re -convened at 9:05 PM. 19. ADMINISTRATIVE REPORTS City Manager Robert T. Herrera reminded Council of the following events: The Town Meeting on Parks and Recreation Master Plan on September 12th, the Library Open House September 20t', The Council Retreat at Moody Gardens September 21-23, and the Salute to Industry Banquet September 27, 2001. 20. COUNCIL ACTION Councilpersons, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and Malone brought items to Council's attention. 21. 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) Council did not retire into executive session. 22. CONSIDERATIONS AND POSSIBLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION Due to no executive session there was no action taken. 23. ADJOURNMENT There being no further business to come before Council, the Regular Meeting was duly adjourned at 9:15 PM. Respectfully submitted, Martha Gillett City Secretary Pa d�aj"ne, on this 24th day of September 2001. N ;a r'� C� • 6 REQ&T FOR CITY COUNCIL AG&DA ITEM Agenda Date Requested: September 10, 2001 Requested By: Doug Kneuppe Department: Planning Report: _Resolution: _Ordinance: X Exhibits: Ordinance (with SCU Permit) Staff Report to P & Z SUMMARY & RECOMMENDATION Appropriation Source of Funds: N/A Account Number Amount Budgeted: Amount Requested Budgeted Item: YES NO Fairmont Park Baptist Church has requested approval of a permit to expand their activities at 10401 Belfast. Their existing 6.5-acre site is located within a Low -Density Residential (R-1) zoning district. Religious Organizations, as described by the City's zoning ordinance, are "conditional" in an R-1 zoning district and require approval of a Special Conditional Use Permit by City Council for the construction of facilities and/or establishment of uses. The Planning and Zoning Commission, during their July 19, 2001 meeting, held a public hearing regarding this request. A total of 41 notices were mailed to property owners within 200 feet of the church site and the city received 13 responses: 7 in favor, 6 opposed. The Commission heard testimony both for and against the issuance of this special conditional use permit and postponed making a recommendation on this item until all information received by the Commission could be reviewed. During their August 16"' regular meeting, the Commission, by unanimous vote, recommended Council approval of Special Conditional Use Permit #SCU 01-003 with the following conditions: 1. Outdoor skateboard & bicycle activities shall cease at 8.00 P.M. each day. 2. Landscape buffers shall be created between church property and adjoining residential areas per Section 106-334(a) of the Code of Ordinances. 3. Drainage of the grassed, open area shall be improved and maintained properly. 4. Discarded car & truck tires are to be removed from all outdoor areas. The following documentation contains a draft permit that includes the conditions recommended by P & Z. In addition, the permit has language that further defines some of the conditions recommended by P & Z. This language was developed after a meeting between City staff and representatives from the church. The church wished to discuss in advance a landscaping / buffering plan and move toward an agreed plan that is displayed as Exhibit 2 in the draft permit. The church also discussed time frames for completing spec permit conditions. Deadlines or further definitions placed in the draft permit are shaded for Council's consideration. Council has options to either approve the permit as recommended by P & Z, approve the permit with modifications as Council may require, or deny the permit. ACTION REQUIRED BY COUNCIL Conduct a Public Hearing. Consider a recommendation from the Planning and Zoning Commission regarding a Special Conditional Use Permit for Fairmont Park Baptist Church. APPROVED FOR CITY COUNCIL AGENDA T. yeti q. 6-01 Robert T. Herrera, City Manager Date ORDINANCE NO. 1501- Qk AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING A SPECIAL CONDITIONAL USE PERMIT FOR THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO -WIT: TRACK 5, APPROXIMATELY 6.4980 ACRES OF LAND SITUATED IN THEW. J. PAYNE SUBDIVISION, LA PORTE, HARRIS COUNTY, TEXAS; FOR THE PURPOSE OF EXPANDING CURRENT CHURCH ACTIVITIES TO INCLUDE OUTDOOR SKATEBOARD RAMPS AND AN OUTDOOR BICYCLE RACE TRACK ON CHURCH PROPERTY LOCATED WITHIN A LOW -DENSITY RESIDENTIAL (R-1) ZONE; MAKING CERTAIN FINDINGS OF FACT RELATED 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 of the City of La Porte hereby finds, determines and declares that heretofore, to -wit, on the 19th of July, 2001, at 6:00 p.m. a Public Hearing was held before the Planning and Zoning Commission of the City of La Porte, Texas, pursuant to due notice as required by the Open Meetings Law, Chapter 551, Texas Government Code, to consider the question and the possible issuance of a Special Conditional Use Permit of the hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "A", and incorporated by reference herein and made a part hereof for all purposes, a copy of Notice of Public Hearing which the City Council of the City of La Porte hereby finds was properly mailed to all owners of all properties located within two hundred feet (200') of the properties under consideration. "Section 2. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "B", incorporated by reference herein and made a part hereof for all purposes. Section 3. Immediately following such public hearing on July 19, 2001, the Planning and Zoning Commission of the City of La Porte met in regular session but ORDINANCE NO. 15014-k Is Page 2 tabled discussion of the issuance of a Special Conditional Use Permit, which was the subject of such public hearing. Section 4. Subsequent to such public hearing and regular meeting on the 19th day of July, 2001, the Planning and Zoning Commission of the City of La Porte met in regular session on the 16" day of August, 2001, at 6:00 p.m., pursuant to due notice, to consider the issuance of a Special Conditional Use Permit which was the subject of such public hearing on July 19, 2001. The City Council of the City of La Porte is in receipt of the written recommendations of the City of La Porte Planning and Zoning Commission, by letter dated August 17, 2001, a true copy of which letter is attached hereto as Exhibit "C", incorporated by reference herein and made a part hereof for all purposes. "Section 5. Subsequent to receipt of the recommendation of the City of La Porte Planning and Zoning Commission, the City Council of the City of La Porte called a public hearing on the proposed issuance of a special conditional use permit, pursuant to the recommendations of the Planning and Zoning Commission, said hearing being held on the 101h day of September, 2001, at 6:00 p.m., and pursuant to due notice, to consider the recommendation of the Planning and Zoning Commission regarding the possible issuance of a special conditional use permit for the hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "D", incorporated by reference herein and made a part hereof for all purposes, a copy of the notice of public hearing. ORDINANCE NO. 15014-tL • Page 3 "Section 6. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "E", and incorporated by reference herein and made a part hereof for all purposes. "Section 7. The City Council of the City of La Porte hereby accepts the recommendation of the City of La Porte Planning and Zoning Commission, and the Special Conditional Use Permit for the hereinafter described parcels of land, situated within the corporate limits of the City of La Porte, is hereby granted. The conditions of said Conditional Use Permit shall be that it will be permissible to expand current church activities to include outdoor skateboard ramps and an outdoor bicycle race track on the premises which is located within a low -density residential (R-1) zone but subject to the conditions listed within Special Conditional Use Permit #01-003 attached hereto as Exhibit "F." The description of said parcels of land permitted pursuant to said SCUP are as follows, to -wit: Track 5, approximately 6.4890 acres of land situated in the W. J. Payne Subdivision, La Porte, Harris County, Texas. "Section 8. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Map and Classification contained in this Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. The City Council of the City of La Porte finds that the proposed activities, mainly skateboard ramps and a bicycle race track are desirable as a youth recreational facility, provided that the goals of the Comprehensive Plan are met, mainly that measures are taken to protect the surrounding neighborhood from noise and visual blight, and to take ORDINANCE NO. 1501-9 Page 4 Is steps to insure that run-off to the surrounding neighbors is not encouraged, and mosquito and rodent infestation is abated to the extent possible in connection with the permit. To that end, the City Council of the City of La Porte finds that the conditions imposed above are the least restrictive means under which the City of La Porte, Texas, can preserve its Comprehensive Plan under the City's obligation to promote the health, safety, and general welfare of the City while permitting the requested recreational activity on the church property. The City Council finds that the imposition of less restrictive conditions would not adequately protect the City's obligation to promote its Comprehensive Plan and protect the surrounding neighborhood from the potential adverse conditions in connection with the recreational facilities. The City Council of the City of La Porte also finds that the proposed church recreational program is composed of two components. First, children are invited to utilize the proposed recreational facilities for skateboarding and/or bicycle riding in an organized, supervised youth activity. The second aspect of the proposed activities involved is that youth gather for prayer and scripture reading on the premises. The City Council of the City of La Porte does not impose any restrictions on the method, manner, or type of exercise of the church's prayer and/or scripture reading activities. As such, these activities are not and will not be regulated in any method or manner by the City of La Porte, its agents, servants, employees or assigns. "Section 9. 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 ORDINANCE NO. 1501itt Page 5 11 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 10. This Ordinance shall be in effect from and after its passage and approval. Passed and approved this the 1D�" day of September, 2001. CITY OF LA PORTE ATTEST: By� ha) X" - MA THA GILLETT, City Secretary APPROVED: 0 s THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of LaPorte, and the Provisions of the Texas Local Government Code, notice is hereby given that the La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 19th day of July, 2001, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider Special Conditional Use Permit Request SCU 01-003, which has been requested for the property described as TR 5, approximately 6.4980 acres of land situated in the W. J. Payne Subdivision, La Porte, Harris County, Texas. The said property, which is known as Fairmont Park Baptist Church is located at 10401 Belfast, adjacent to Rizzuto Elementary School. This request is for consideration of a permit for the establishment of outdoor recreational activities on Church property. The development of Religious Institutions within an R-1 zoning district requires a Conditional Use Permit per Code of Ordinances. A regular meeting of the Planning and Zoning Commission will follow the public hearing for the purpose of acting upon the public hearing items and to conduct other matters pertaining to the Commission. Citizens wishing to address the Commission pro or con during the Public Hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett City Secretary EXHiBrr A Suite 150 P.O. Box 1414 La Porte, Texas 77571 Since 1947' City of La Porte County of Harris State of Texas Before me, the undersigned authority, on this date came and appeared Karolyn Kellogg, a duly authorized representative of The Bayshore Sun, a semi -weekly newspaper published and generally distributed in the City of La Porte, Harris County, Texas and who after. being duly sworn, swears the attached notice was published in The Bayshore Sun dated D 7 -o / - D Karolyn Kellogg Authorized Representative Sworn and subscribed before me this r w day of 2001. �!j^r-/-r!✓ll.�!lllll!!l!llll�O 0�'�YAGeG SANDRA E. BUMGARNER + ; NOTARY PUBLIC, STATE OF TEXAS .A // +� MY COMMISSION EXPIRES `ll FOF'( FEB. 19, 2002 Sandra E. Bumgarner Notary Public Harris County, Texas EXHIBIT 1B THE STATE. OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING fn accordanc -with'the provisions"bf.Sec b6h 106-171 of the Cod of Ordinances of the . Cit of La, Porte, and the: Re sions}of.. the Texas.Laci Govemment Cade. 4notrr l hereby'gwen_that W,.6 ApZ Porte Planning and`Zonln Commission will conduct public hearing at 6:00 P.h on the 19th day of JUIj 2001, in the ' Counc Chambers of the City Hal 604.West Fairmont Parl, oIssiorr ,x tijj ;��tiCitlen�s. wish ll. .. ..4TVlc',1A • City of La Porte Established 1892 August 17, 2001 Honorable Mayor Norman Malone and City Council City of La Porte Dear Mayor Malone: The La Porte Planning and Zoning Commission, during a regular meeting on August 16, 2001, considered a Special Conditional Use Permit #SCU 01-003. The request, submitted by Fairmont Park Baptist Church at 10401 Belfast, seeks approval to allow recreational activities on church property. Earlier, the Commission heard testimony both for and against the issuance of this SCUP during the July 19, 2001 Public Hearing on this matter. After careful consideration, the Planning and Zoning Commission has, by unanimous vote, recommended that City Council consider approval of Special Conditional Use Permit #SCU 01-003 with the following conditions in place: 1. Outdoor skateboard & bicycle activities will close at 8.00 P.M. each day. 2. Landscape buffers shall be planted between church property and adjoining neighborhood per Section 106-334(a) of the Code of Ordinances. 3. Drainage of the grassed, open area shall be improved and maintained properly. 4. Discarded car & truck tires are to be removed from all outdoor areas. Respectfully Submitted, �-- Betty T. kVaters Planning and Zoning Commission, Chairperson c: Robert T. Herrera, City Manager John Joems, Assistant City Manager John Armstrong, Assistant City Attorney MOT C Planning and Zoning Commission 604 W. Fairmont Pkwy. 9 La Porte, Texas 77571 • (281) 471-5020 • • THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of La Porte, and the Provisions of the Texas Local Government Code, notice is hereby given that the La Porte City Council will conduct a public hearing at 6:00 P.M. on the loth day of September, 2001, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider Special Conditional Use Permit Request #SCU 01-003, which has been requested for the property described as TR 5, approximately 6.4980 acres of land situated in the W. J. Payne Subdivision, LaPorte, Harris County, Texas. The said property, which is known as Fairmont Park Baptist Church is located at 10401 Belfast, adjacent to Rizzuto Elementary School. This request is for consideration of a permit for the establishment of outdoor recreational activities on Church property. The development of Religious Institutions within an R-1 zoning district requires a Conditional Use Permit per Code of Ordinances. A regular meeting of the City Council will follow the public hearing for the purpose of acting upon the public hearing items and to conduct other matters pertaining to the Council. Citizens wishing to address the Council pro or con during the Public Hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett City Secretary Suite 130 P.O. Box 1414 La Porte, Texas 77571 `Voice Of Fax: 281-471-5763 E-mail: baN-sun@sNi-bell.net Since 1947' a' City of La Porte County of Harris State of Texas Before me, the undersigned authority, on this date came and appeared Karolyn Kellogg, a duly authorized representative of The Bayshore Sun, a semi -weekly newspaper published and generally distributed in the City of La Porte, Harris County, Texas and who after• being duly sworn, swears the attached notice was published in The Bayshore Sun dated de-a4 —o fui to ('7 1 a Con�dlbt�ia�j Karolyn KelloggpeQde��a e 1F r. Authorized Representative AgfE of�Sworn and subscribed before me this 9 �—" day of fqiowe . e pu afar the : �'urpo; the:' pul Items and. to c matte ertai Copn., -ri✓.rtrrrrr,,,r,.f,,,✓�✓✓-, ff✓�„ Sandra E. B u m g a r n e r to addrea{{sYthe OOF SANDRA E. BUMGARNER 1 Notary Public li Heannq wil) NOTARY PUBLIC, STATE OF TEXAS e ti Harris Count Texas > �f� 4DNStMY COMMISSION EXPIRES y�1 FEB. 19, 2002 f. y L of the Cih fiAt the Le ii-'wiff con lean g a ?'.10.1h dal . 2001, it arnbe's o 604 Wes ;way, U ie pyrposf of actnt .''heannc luct. oth'e g C_to thi EXHIBIT � • Exhibit "F" towance 1501- R 1Z This permit is issued to: For Development of: Legal Description: Zoning: Use: Permit Conditions: General: City of La Porte Special Conditional Use Permit # 01-003 Fairmont Park Baptist Church Owner or Agent 10401 Belfast Drive Address Skateboard Ramps and Bicycle park Development Name (same) Address 6.5 acres of land in the W. J. Payne Subdivision, La Porte, Hams County Texas. Low -Density Residential (R-1) Religious Organizations (SIC # 8661). Amend existing use to include various Skateboard Ramps and a Bicycle Park 1. Owner shall develop the Skateboard Ramps and Bicycle Park areas according to the application and general site development plans attached as Exhibits 1 through 3. 2. Owner shall cease outdoor skateboard and bicycle activities at 8:00 p.m. each day. 3. Owner shall remove all car and truck tires from outdoor areas. 4. Owner shall provide adequate drainage improvements to alleviate existing areas of ponding water. All improvements to Owner's site shall include adequate drainage facilities to ensure proper drainage. 5. Owner's site is subject to all ordinances and regulations of the City of La Porte and all other applicable laws. Skateboard Ramps: 6. Owner shall install skateboard ramp modifications to reduce sound emissions as shown on Owner's submittal attached as Exhibit 4 within 90 days. 7. Owner shall relocate Skateboard Ramps to approved location within 30 days. 8. All landscaping enhancements within the existing parking lot shown on Exhibit 2 shall be completed within 90 days. Bicycle Park: 9. For the Bicycle Park, owner shall provide Landscape Buffers as shown on the general site development plan, Exhibit 2. Said Landscape Buffers as specified in Sec. 106-334 of the City's Code of Ordinances shall be a minimum of four -feet wide, be evergreen plant types, be a minimum of two -feet in height at time of planting, grow to a minimum height of six -feet in two years, and create a solid screen. 10. Landscape buffering associated with the proposed Bicycle Park shall be installed within 60 days after relocation / installation of the fence surrounding the Bicycle Park. 11. Owner will take steps to mitigate dust emissions from Bicycle Park activities. SCUP #01-003 Page 1 of 2 • Exhibit "F" to&. ance 1501- K K Failure to begin construction of the Bicycle Park within one (1) year after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If construction is terminated after completion of any stage and there is ample evidence that further development is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Validation Date: q - , 0' 0 1 i .iil/ � ' ../L SCUP #01-003 Page 2 of 2 DRAFT This permit is issued to For Development of: Legal Description: Zoning: Use: Permit Conditions: General: Exhibit 0to Ordinance 1501- City of La Porte Special Conditional Use Permit # 01-003 Fairmont Park Baptist Church Owner or Agent 10401 Belfast Drive Address Skateboard Ramps and Bicycle park Development Name (same) Address 6.5 acres of land in the W. J. Payne Subdivision, La Porte, Hams County Low -Density Residential (R-1) Religious Organizations (SIC # 8661). Amend existing use to include various Skateboard Ramps and a Bicycle Park 1. Owner shall develop the Skateboard Ramps and Bicycle Park areas according to the application and general site development plans attached as Exhibits 1 through 3. 2. Owner shall cease outdoor skateboard and bicycle activities at 8:00 p.m. each day. 3. Owner shall remove all car and truck tires from outdoor areas. 4. Owner shall provide adequate drainage improvements to alleviate existing areas of ponding water. All improvements to Owner's site shall include adequate drainage facilities to ensure proper drainage. 5. Owner's site is subject to all ordinances and regulations of the City of La Porte and all other applicable laws. SCUP #01-003 Page 1 of 2 DRAFT Extubit "Po Ordinance 1501- Failure to begin construction of the Bicycle Park within one (1) year after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If construction is terminated after completion of any stage and there is ample evidence that further development is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Validation Date: Director of Planning City Secretary SCUP #01-003 Page 2 of 2 � CITY OF LA PORT} APPLICATION FOR SPECIAL CONDITIONAL USE PERMIT Application No.: 0 1 OFFICE USE ONLY: Fee: $100.00 Date Received: 4 Receipt No.: WCC�L� Certified Plans Submitted: O� General Plan O Major Development Site Plan lTil Minor Developement Site Plan () Preliminary Plat Person Making Request: Mailing Address: City/State: BUSINESS NAME: PROPERTY ADDRESS: LEGAL DESCRIPTION: ZONE: TYPE OF BUSINESS: -6-a/ DATE Date of P & Z Public Hearing: Date of City Council Meeting: Zone: -• I This application is : CLP JOB # Conditions: Phone: - `l.L 1- IK1-3- R I f5 J ` I SIC USE CATEGORY: OFFICE USE ONLY -7-19 -0 1 2-jo -a Approved O Denied ( ) Permit No. (If Assigned Yet) Recommendation: YO or N Approved: Y or N DATE , . — I ZONING ADNE ISTRATOR PROPERTY MAP Fairmont Park Baptist Church Rizzuto School Future' 'I Worship I Center I Educ. Office H 0 661 Educ. Chapel Future Bldg Gym/ Worship Center PROPOSED SKATE PARK PARKING LOT Belfast Rd. Appr-o-x� 100, Shrubs DATE 09/04/01 E2 0 • Prop osed -'Bicycle Park Fairmont Park Baptist Church �....■.■■■■■■■■■■■■■■■■■■■ Drainage �!�► �■■■■■■■■■■■■■■■■i■■■■■■■■■■■■■■■■■■■■■■■ r------------------ 1---------- ---------- i f ■ - i ,:��e'�x� ■ 1 ■ 1 �:,,-'.�,v � �N �.:: V ,vim .v� �- ._......_....,�: ::�'�.�; ; ■ .c _ .vie/'y,�//:�...,:.�µ`.o."Y.',i..y':S ,,,:,.r�:.':;. n:.•t+r^� FJV: _ _ _ 1 ............ ........... 1 Ly �i::: M,.:.'-'ram ... .: ..•:.:•r .......... *-:Z.Z.:�*...*,:. .......... Pqw I Yr'�}F.w..oe.�ii'�, t.'•': ��•,'J::+.ci :� i I Hills neighbors '" _ fence ; � �q _;..;•..y....y,...,.-.,......fir € j ; •`'........__. _..._....__........_..........: -..._.._._.._. (Diagrammatic I--- 1 ---------------- ' Only) ------------------ ------ — — 1 - --------------------- Fence-------------- L� U Exhibit 3 to SCUP #01-003 Ramp Modifications to Mitigate Sound Typical Skate Ramp se Level " plywood Sound Deadening Layer l/2" plywood Exhibit 4 to SCUP #01-003 • • Staff Report Fairmont Park Baptist Church August 16, 2001 Special Conditional Use Permit #SCU 01-003 Request: Consideration of a Special Conditional Use Permit #SCU 01-003 Requested By: Fairmont Park Baptist Church Requested For: Approximately 6.5 acres of land situated in the W. J. Payne Subdivision, La Porte, Harris County, Texas. This property is located at 10401 Belfast Drive at the corner of Farrington Boulevard. The church is seeking approval to expand their current activities to include outdoor recreation in the form of skateboard ramps and a bicycle race area. Present Zoning: Low -Density Residential (R-1) Background: The tract in question is located at the northeast comer of Farrington Boulevard and Belfast Drive. It is bounded on the west, east and south by single-family residential development. It is bounded on the north by Rizutto elementary school. Existing development on the 6.5-acre subject tract includes several buildings, vehicle access, parking, and sidewalks that are situated on the southern portion of the tract. The buildings are identified as Worship Center, Chapel, Education, and Office. Fairmont Park Baptist Church is requesting consideration for outdoor recreational activities within the existing 6.5-acre church property. These recreational activities include a bicycle park, and skateboard ramps. The development or expansion of religious institutions within an R-1 zoning district requires a Special Conditional Use Permit per City's Code of Ordinances. The church applied for and was issued a Special Conditional Use Permit (SCUP) in 1987. This permit and accompanying site plan demonstrated only the construction of additional church buildings and related parking facilities. The permit did not indicate approval for outdoor recreational activities. Analysis: Section 106-217 of the zoning ordinance provides certain conditions for the issuance of a special conditional use permit as follows: 1) That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values in the immediate vicinity. 2) That the conditions placed on such use as specified in each district have been met. 3) That the applicant has agreed to meet any additional conditions imposed, based on specific site constraints, and necessary to protect the public interest and welfare of the community. Fairmont Park Baptist Chu* SCU01-003 August 16, 2001 Page 2 of 3 In addition, Chapter 9 of the Comprehensive Plan states, "Neighborhoods are one of La Porte's greatest assets as they form a foundation for a sound quality of life." The Plan also states, "The attractive appearance and environmental quality of existing residential neighborhoods should be protected to maintain the value of properties and enhance the qual ity of life." Attached is Figure 9.8 from the Comprehensive Plan that demonstrates some neighborhood protection standards. Specific provisions that apply to conditional uses in residential zoning districts are found in Section 106-334 of the Code of Ordinances. These performance standards, as they apply to this request, may include the following: Landscape buffers — Buffers are necessary to preserve the value of the homes, re uce a verse effects of traffic, lighting, noise, dust and odor, and to protect the homeowner's privacy by requiring spacing and screening between uses of different types or intensities. Although none are indicated on the submitted application, landscape buffers could be used as a means to reduce some of the adverse affects from the proposed recreational activities. Compatibility with surrounding areas_ The proposed development is to be compatible with the existing and planned use of the area and conflicts are not to be created between the proposed use and existing and intended future use of the surrounding area. During the July 19th Public Hearing, the Commission heard testimony both for and against the issuance of this special conditional use permit. Prior to the public hearing, notices were mailed to property owners within 200 feet of the church site. A total of 41 notices were mailed and the city received 13 responses; 7 in favor, 6 opposed. Wayne Spears and Dan Chappell with the Fairmont Park Baptist Church have forwarded to the City a revised site plan and other information that is included with this report. The revised plan shows the skate ramps being moved away from the residential fences and closer to an existing building. In addition, the boundary of the bicycle park is shown to be approximately 100 feet away from the residential fence line. Fairmont Park Baptist Chula • SCU01-003 August 16, 2001 Page 3 of 3 Summary In considering any application for a special conditional use permit, the Commission shall give due regard to the nature and condition of all adjacent uses and structures. The Planning and Zoning Commission may recommend disapproval of an application for a Special Use Permit, or the Commission may recommend approval subject to such requirements and conditions with respect to location, construction, maintenance and operation, in addition to the regulations of the district in which the particular use is located, as the Commission may deem necessary for the protection of adjacent properties and public interest. Options available to the Commission are: Approve the SCUP as submitted by the applicant Approve the SCUP with specific conditions to be outlined by the Commission Disapprove the SCUP Table consideration of this item until addition information can be provided to the Commission. A recommendation from the Commission on this Special Conditional Use Permit will be forwarded to City Council for final consideration. • ............................................................................................. Residential Development Chapter 9 • Limitations on nonresidential building height when adjacent to residential land use, or increased setbacks equal to twice the height of the nonresidential building. • Decorative building materials on rear elevations of nonresidential buildings; • Screening of mechanical equipment and service areas, • Building orientation to lessen the visual impact on residential areas; • Restrict direct access between residential and nonresidential developments; and, • Utilize planned unit development provisions to encourage innovative and imaginative site design to minimize adverse impacts on adjacent properties. FIGURE 9.8 NEIGHBORHOOD PROTECTION STANDARDS La Porte 2020 Comprehensive Plan Update La Porte, Texas RESIDOMAL ZONING ,.mw "a OROY21'It WTEWLI 01 l WCW� NNLpC tRYQ • 1tY G1tl�TOM LOOTm Ml6aNO MOOIR 1Wd016 OIImR�ifOM . OOCt �W �aeiumeu eauvmrt I NONRESMEN7L ZONING scams .�tt U ".XDJ mXt sysnsm Page 9-18 ......................................................................... La Porte 2020 Comprehensive Plan Update (—U�a A Meeting of the La Porte !RE IVIED ) 0 Planning(Typd zoning Commission PLANNING of Meeting) Scheduled for July 19; 2001 (Date of Meeting) to Consider Special Conditional Use Permit Request #SCU 01-003 (Type of Request) I have received notice of the above referenced public hearing. I am ' AVO f granting this request for the following reasons: I am OPPOSED to granting this request for the following reasons: 610 Name (please print) Sip -nature Address 4 k�e x . `? 7S7/ City, State, Zip MR1 Vd 1 A Meeting of the La Porte Pl n� and Zoning Commission PLANNING (Type of Meeting) Scheduled for July 19; 2001 (Date of Meeting) to Consider Special Conditional Use Permit Request #SCU 01-003 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: I am OPPOSED to granting this request for the following reasons: /) 7 ` -f I �P—' 'A. rd. Name (please print) Signature ze�2 Address City, State, Zi A Meeting of the La Porte Planning and zoning Commission !r7 E E VED (Tyre of Meeting) I Scheduled for PLANNING July 19; 2001 (Date of Meeting) to Consider Special Conditional Use Permit Request #SCU O1-003 (Type of Request) I have received notice of the above referenced public hearing. I��aeem in /FAVOR of granting this request for the following reasons: 1 y u� ri o o r a. C w i� i G S 4C t� n- !0 CA -tit l a rk p C C ki r k UC. . b L Gi(1O o f f_.7v `i�L C -e�9 DMh /V P 1�+%4 •- D rnU i d ems 6Y` �, Y eN �k�TLi fl� tit v-� C OYYI /InU �1J1 7(�{ w �1 5 0 Q e YV 1 5 'v"c '►m , &G+ im Ajaeh 1 ors u► ; 11 bt m n ►►Vl c aY otJ+ wL-Ja� ¢ gco d . I am OPPOSED to granting this request for the following reasons: M.fii�j C' 1�Q Io�{3q C. (G t LAnc- Name (please print) Address C)am� C& -� SAIV L-'0' Po At. TX 77S71 Signalie City, State, Zip A Meeting of the La Porte RE E VED q II 6 Planning and Zoning Commission (Type of Meeting) PLANNING D' A G NNIN Scheduled for I L.�1 'HIV July 19; 2001 (Date of Meeting) to Consider Special Conditional Use Permit Request #SCU O1-003 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: e, Zoo I&Iare I am OPPOSED to granting this request for the following reasons: Address City, State, Zip RECEIVED A Meeting of the La Porte PLANNINGPlanning and Zoning Commission (Type of Meeting) Scheduled for July 19; 2001 (Date of Meeting) to Consider Special Conditional Use Permit Request #SCU O1-003 (Type ofRequest) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: I am OPPOSED to granting this request for the following reasons: Name (please print) Address )- i' n '7 ris ,� Signe City, S e, Zip RECEIVED A Meeting of the La Porte Planning and Zoning Commission PLANNING (Type of Meeting) Scheduled for July 19; 2001 (Date of Meeting) to Consider Special Conditional Use Permit Request #SCU 01-003 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: rW/.s 4Rj - 41,�raos Aetgl /a.syp PR01,"ttS ,-a.,- r//g i Fa dIIA IZ5 s I am OPPOSED to granting this request for the following reasons: koy.VII-7w ✓ Pa4w� Name (please print) Signature Address .0 A PaATZ7 TX 7 ice/ •��o s— City, State, Zip "`. 191 ED A Meeting of the La Porte Planning and Zoning Commission PLANNING (Type of Meeting) Scheduled for July 19; 2001 (Date of Meeting) to Consider Special Conditional Use Permit Request #SCU 01-003 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: I am OPPOSED to granting this request for the following reasons: Name eeassee print) �Q Address 51 ature City, State, Zip A Meeting of the La Porte Planning and Zoning Commission (Type of Meeting) Scheduled for July 19; 2001 (Date of Meeting) to Consider Special Conditional Use Permit Request #SCU O1-003 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: I am OPPOSED to granting this request for the following reasons: ...�Address r. PLANNING • A Meeting of the La Porte Planning and Zoning Commission (Type of Meeting) Scheduled for July 19; 2001 (Date of Meeting) PLANNING to Consider Special Conditional Use Permit Request #SCU O1-003 (Type of Request) �Ihav a of the above referenced public hearing. I am in FAVOR of ting this request for the following reasons: l n -I p ' _ I am OPPOSED to granting this request for the following reasons: 04:0&- !4-2 T� LA ` ame tlease prinb Address UIq -, k::::� - — - - , Vr ature City, State, Zip A Meeting of the La Porte Planning and Zoning Commission (Type of Meeting) Scheduled for July 19; 2001 (Date of Meeting) to Consider Special Conditional Use Permit Request #SCU O1-003 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: PLANNING YB 110,t11,2kl -, lr/{��9Tfi�eS�/J/l�ll �/ GifJii�,s TD`h 7`�� "VA" C��ilra,�.i�y �,✓��n,%l, ,��,�,��d /l� �ihi�v fUfia�l3�.c�l/11t�7; �/�j,/L I G�aar��ilia� �/r�r 6r/.�ii �/ii dC?l �1,�rD�tt,•`x�,y, ��rtif ��.:�/f ifir ti�P.tf �� J�J o v,' , 4 /.1/iislrs�i�r . cT,Kr9is"i ✓.'r �.� �ir/fl�f �:��yf ri9� ir/s� /?9trti fv��r 0Je �%,f I am OPPOSED to granting this request for the following reasons: �rell(�ll�l�s�.r� Name (please print) Signature „�y�/ egg/ cy Address City, S te, Zip Rc A Meeting of the La Porte pLANNING PlanninZ and Zoning Commission I�i� (Type of Meeting) Scheduled for July 19; 2001 (Date of Meeting) to Consider Special Conditional Use Permit Request #SCU O1-003 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: I OPPOSED o granting this request for the following reasons: �iiy /b0-ti� �/�+.0 Q�t-ci Cc.lr� S/�cR.Lc. axe �� -.�...l�t� � �irc�-o-cn�, �c.Lc. • .�c.� �jt,ca, Name (please print) Address -1 �' K�Z' PQ Xl� 'T� 2 "IS- -71 Signature City, State, Zip ',A c• a a2�� .iijoa•� e2 e ��.�n o� �, p zvze�- 4 yyc ex�ti �7 pCc Cd�J. Wku- A ! y2 drr.�,o d 12U Zt �ce.t`� /&A-,, /�6 C/.. /.' .ram i / i� -� /) � /7� .,... /. . .n.�i� � �1 � � /i / n n / . -� t i✓iE.l11�7�Q �YL SL�.L, 0 ��-c(.C.�.J � / C.2. � Z. �,�•C.� 4qe4,%oz,,-� a� S�/ -4'e-lo d ��a �xG� �,o-�rn� � �76 L�. aV- Sl � , ��`k.�. yzr�,,,e.✓ era. ��'�.c,<.a� `�.�ca..u.ac...t� .(,a L� �'�'ti� din cC az`c�� aw /Jceh2c.e n� . ei /� ,��`/% G✓i� S�%G �- '4 , y�•,jc' Li 1�4-mmc. "YL." ,,to�2,0 `767,,ku,, / 54 -,� 'd ,e� 0 0 A Meeting of the La Porte Planning and zoning Commission RECEIVED (Type of Meeting) �q I lip Tol Scheduled for PLANNING July 19; 2001 (Date of Meeting) to Consider Special Conditional Use Permit Request #SCU O1-003 (Type of Request) I have received notice of the above referenced public hearing. r- I am OPPOS granting this ,_�.Name (pleasslrint) (/ Signature // AAC for the I& a L . Address TY City, State, Zip tt11 i /U July 13, 2001 A Meeting of the LaPorte (_ Planning and Zoning Commission n + ( Scheduled for July 19, 2001 To Consider Special Conditional Use Permit Request #SCU 01-113 Pe y & Rudy Garcia at 3110 Oaken Lane are OPPOSED to granting this request for the following reasons: 1. THUMPING NOISES from skateboarders jumps on wood = erratic, inconsistent, sporadic, unexpected, startling, disruptive, disturbing, annoying, irritating, unreasonable, & unnerving 2. RATTLES & RACKET from skateboarders & bicyclers jumping on the metal bars dividing the smallest ramp = erratic, inconsistent, sporadic, unexpected, startling, disruptive, disturbing, annoying, irritating, unreasonable, & unnerving 3. PENNY'S SEVERE ALLERGIESANFECTIONS = The stirred up dirt, dust, grass, & molds in the bicycle race park will adversely affect her health. 4. PENNY'S CHRONIC SINUS HEADACHES = her inability to rest because of the excessive noise 5. LOSS OF PRIVACY because heights of ramps & dirt mounds give view into our backyards on Oaken Lane. (I have lived at 3110 Oaken Lane since January 1979 = 22'/Z years in peace & solitude. This home was chosen in Section IV for its isolation and exclusiveness; we did not choose to live near an amusement park.) 6. DE -VALUATION of PROPERTY (Lifetime home investment over $200,000 is more important than children's temporary entertainment & amusement park.) 7. DRAINAGE, STANDING WATER, & FLOODING from bicycle race park (Standing water/mosquito infestation behind our fence are already unresolved issues from summer 1999 when Fairmont Park Baptist Church ignored a certified letter from the Garcias and Pizzitolas.) 8. LOSS OF PEACEFUL EVENINGS = UNABLE TO FUNCTION in our home, i.e. read, relax, nap, concentrate, or watch TV during recreational hours 9. LOWERS AESTHETICS of Section IV neighborhood 10. HAVING TO PATROL RAMPS during unscheduled ramp hours (My having to call the police to remove young boys from the ramps at odd hours) 11. EXPOSED RAMPS = open invitation to young people = irresistible temptation 12. DAMAGE TO FENCES (already occurred in 2000 to James Davis' fence) 13. FIRE HAZARD/SAFETY ISSUES (Fire already happened 7-5-01.) 14. ZONING — No homeowner is allowed to conduct such disruptive activities. 15. REDUCED PARKING SPACES — Ramps consume many parking spaces, and Belfast and Farrington are full of cars on Sundays and Wednesdays. 16. TRAFFIC RESTRICTIONS enforced at Sea Breeze Park to maintain homeowners' privacy (We'd like the same courtesy.) 17. PERSONAL STRESS caused day of, during, night of, and the day after the ramps are used 0 2 18. CHURCH'S`YRRESPONSIBILITY, INSENSITIVITY, & POOR PLANNING = a. Insufficient funds to buy plywood, insulate ramps properly, and build gym to enclose ramps b. No official city per since ramps installed in fall 2000 c. Delay submitting_ plans for a permit even after informed d. Minimal efforts to reduce the noise or be "neighbor friendly" e. Church leaders' false promises, i.e. NOT relocating ramps or boarding the open sides of all ramps f. Unreliability of and dependence on volunteers to complete work and -sponsor activities, i.e. the property behind our fence is left unmowed for weeks g. Outgrown their space, therefore re -locate recreational activities outside this neighborhood h. Not responding to our April 27th certified letter of complaints & requests until after Penny spoke to City Council 5-21-01 i. Asking non-members (Ed Matuszak & Penny Garcia) to research & ask for donations for the insulation of their ramps j. Not communicating with or giving respect to the affected neighbors or the church members until Penny's speech to City Council 5-21-01 (5 months after ongoing complaints/suggestions) k. Untimely agreement to meet with the neighbors at the end of May after school was over when our vacations made a meeting with all of us impossible to coordinate (We had requested a meeting in our April 271h letter.) 1. Ignoring the he August 1999 certified letter, requesting that the low spots that held standing water behind our fence be filled so that our mosquito and rat problems would be reduced (Still a major problem) m. Lack of compromise, flexibility, professionalism, & initiative; minimum, delayed; & Slow fprts to resolve issues n. Disho.y/distortion of facts/contradictions/inconsistencies (On June 1, 2001, I sent a list of,these to Doug Kneupper, Mayor, City Manager, Assistant. City Manager, and Councilpersons.) o. Not teaching or role modeling to their youth he Golden Rule, sensitivity, or the understanding of other people's privacy or points of view p. Not offering to reimburse the Garcias the $43.08 we spent for the plywood & screws that my husband used to board the backside of the 6 ft. ramp on June 11 to try to preserve our sanity (No thanks given either) q. No other church located in a neighborhood conducts such intrusive, interfering, and noisy recreational activities 0 • A Meeting of the La Porte Planning and Zoning Commission (Type of Meeting) Scheduled for July 19; 2001 (Date of Meeting) to Consider Special Conditional Use Permit Request #SCU O1-0.03 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: I am OPPOSED to granting this request for the following reasons: se� aCC as VAL ��4�r Name (please print) Signature iOA421- C-46:0� Address City, State, tp RE_ �E)VED Its PLANNING 0 0 While we do not oppose the concept of the use of skate board ramps /jumps and the bike cross to attract youth to the church outreach program, we are opposed to the proposed siting for these activities. The current setup of the skate board ramps in the parking lot has created some discomfort from the homeowners, in particular the ones whose homes back up to the church parking lot, due to the noise associated with the jumping on the ramps. The ramps also take up a significant amount of the required off-street parking spaces which can create another problem of street congestion in the neighborhood. The bike cross as it is being proposed is setup with the fenced in area using the homeowners back fence line to finish enclosing the project. The proposal is to bring in forty+ (40) loads of dirt to "mound up " for jumps. There is already a severe problem with drainage and grounds maintenance in this part of the church property and the additional dirt will absolutely prevent the homes back yards from draining. The mounds will create an element of loss of privacy in the backyards due to the height of the mounds and the very close proximity to these homes. There will be an even more severe problem to these homes by the creation of the dust associated with . this project. The available land area on this site is not conducive to this type of recreational area and it will severely limit the church's future growth opportunities for building plans and the ability to provide adequate off-street parking as required Fairmont Park Baptist Church has been offered an opportunityfor an alternative site for this ministry by the pastor at the New Life Christian Fellowship Church on Underwood Road. Pastor Greg Holley has indicated to me that they (New Life) currently have plans for a "professional " level skate park / ramp facility and it is available to the Fairmont Park Baptist Church for their youth ministry. Fairmont Park Baptist Church has several vans available for transportation and it is less than a five minute trip to the New Life facility. It is also important to note that the New Life Christian Fellowship Church facility is also located in an appropriate zoning designation for this type of activity. It is my understanding that the Fairmont Park Baptist Church ministry is to allow skating for an hour with a half-hour break for bible study and then is followed by another hour of free skating. Pastor Holley has also offered to put up a tent for them (Fairmont Park Baptist Church) to use to hold their half hour bible study break in. I also understand that it is also planned at some future point in time to invite "professional level " skate boarders in to attract more youth in to the Fairmont Park Baptist Church ministry. If that is in fact planned then it is even more important for them to have an alternative site that can accommodate "commercial type " crowds that are not suited to the Belfast location. In conclusion, I want to re-emphasize that I do not have g problem with the concept, however this is an R-1 zoning designation area and the homeowners have an absolute right to protection of their homesteads and the value(s) associated with them. 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'ii7 73rr �O R min N 7 - 7s `^'3 w � n� rn n REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Requested By: Department: Finance 1 Report: Resolution: XX Ordinance: Exhibits: Exhibits: Exhibits: Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YES NO SUMMARY & RECOMMENDATION The City Council held budget workshops on August 20 and 21, 2001 to discuss proposed budgets for the fiscal year beginning October 1, 2001 and ending September 30, 2002. The Summary of Funds, which is shown below, represents the result of the workshops held with City Council. All changes made by Council were incorporated into the various budgets. General Fund $ 23,665,599 Hotel/Motel Occupancy Tax 282,900 Economic Development 100,000 La Porte Development Corporation 316,550 Tax Increment and Reinvestment Zone 5,000 Utility 6,733,139 Sylvan Beach 241,067 Airport 53,675 La Porte Area Water Authority 1,013,231 Golf Course 1,251,204 Motor Pool 1,883,250 Computer Fund 246,877 Employee Health Services 1,700,000 General Capital Improvement 1,086,000 Utility Capital Improvement 1,023,300 Sewer Rehabilitation Capital Improvement 400,000 Infrastructure Fund 25,000 1998 General Obligation Bond Fund 100,000 2000 General Obligation Bond Fund 100,000 2000 Certificates of Obligation Bond Fund 100,000 General Debt Service 2,319,534 Utility Debt Service 758,775 La Porte Area Water Authority Debt Service 789,725 Total of All Funds $ 44,194,826 There is no change in the Tax Rate, which has remained constant for the last ten years; and residential water and sewer rates have been lowered by 4%. A --MT IDate: O.- (p -O Approved for Agenda ORDINANCE NO. 01-M11 AN ORDINANCE APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1, 2001 THROUGH SEPTEMBER 30, 2002; FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the Charter of the City of La Porte, Texas, and the Statutes of the State of Texas, require that an annual budget be prepared and presented to the City Council of the City of La Porte, Texas, prior to the beginning of the fiscal year of said City, and that a public hearing be held prior to the adoption of said Budget; and WHEREAS, the Budget for the fiscal year October 1, 2001, through September 30, 2002, has heretofore been presented to the City Council and due deliberation had thereon, was filed in the office of the City Secretary on August 11, 2001, and a public hearing scheduled for September 10, 2001 was duly advertised and held. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: SECTION 1: That the Budget for the City of La Porte, Texas, now before the said City Council for consideration, a complete copy of which is on file with the City Secretary and attached hereto by reference as Exhibit "A", is hereby adopted as the Budget for the said City of La Porte, Texas, for the period of October 1, 2001, through September 30, 2002. SECTION 2: Be it FURTHER ORDAINED, that the said City Council finds that all things requisite and necessary to the adoption of said Budget have been performed as required by charter or statute. SECTION 3: The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. SECTION 4: This Ordinance shall be in effect from and after its passage and approval. PASSED AND APPROVED this the 10th day of September, 2001. T: A; Marta Gillett, City Secretary CITY OF LA PORTE, TEXAS rman Malone, Mayor , City�Attorn �i- REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Requested By: Cynthia Department: Finance Report: Resolution: XX Ordinance: Exhibits: Exhibits: Exhibits: September 10, 2 /n B. Alexander (' Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YES NO SUMMARY & RECOMMENDATION On August 14, 2001, the City of La Porte received the Certified Appraisal Roll from the Harris County Appraisal District. Section 26.04 of the State Property Tax Code requires the submission of the Appraisal Roll to the Governing Body. The 2001 Certified Tax Roll for the City of La Porte, as received from the Harris County Appraisal District (HCAD), shows a total appraised value of $1,639,203,350 and a total taxable value of $1,427,988,490. Action Required by Council: Approve Resolution for acceptance of the appraisal roll. Approved for City Council Agenda Robert T. Herrera, City Manager Date RESOLUTION NO. 01-� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, ADOPTING THE 2001 APPRAISAL ROLL OF THE HARRIS COUNTY APPRAISAL DISTRICT. WHEREAS, the Harris County Appraisal District has submitted to the City Council of the City of La Porte, for approval, the 2001 tax appraisal roll; and WHEREAS, the City Council is of the opinion that the 2001 appraisal roll with the amounts shown therein should be adopted; WHEREAS, the Harris County Appraisal District has reported to the City Council that there was situated in the City of La Porte, as of January 1, 2001, property with a total appraised value of $1,639,203,350 and a total taxable value of $1,427,988;490. WHEREAS, new personal property added to the appraisal roll had a total taxable value of $2,747,200 as of January 1, 2001; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, THAT: Section 1. the 2001 taxable roll in the amount of $1,427,988,490, as submitted by the Harris County Appraisal District is hereby adopted; Section 2. the City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the offices of City of La Porte for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. PASSED AND APPROVED this the 10th day of September, 2001. A T: 4U Ma ha Gillett, City Secretary CITY OF PORTE, �� ki City . - TAX ROLL MAINTAINED AND LOCATED IN THE TAX DEPARTMENT 0 9 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Requested By: Cynthia Department: Finance B. 10, 2001 Report: Resolution: XX Ordinance: Exhibits: Exhibits: Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION The Fiscal Year 2001-02 Budget was built around a tax rate of,71 cents per hundred dollar valuation. A breakdown of the tax rate is as follows: General Fund = 57'/2 cents per hundred dollar valuation Debt Service = 13%s cents per hundred dollar valuation The tax rate of.71 cents is the same rate that has been adopted for the last ten years. Action Required by Council: Approve Ordinance establishing the tax rate for Fiscal Year 2001-02 at .71 cents per hundred dollar valuation. Approved for City Council Agenda Robert T. Herrera, City Manager C(-G. vt Date ORDINANCE NO. 01- 5D9 AN ORDINANCE LEVYING TAXES UPON TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT TO TAXATION IN THE CITY OF LA PORTE, TEXAS; MAKING APPROPRIATIONS FOR SUPPORT, MAINTENANCE, AND IMPROVEMENT OF THE CITY GOVERNMENT OF SAID CITY OF LA PORTE; FINDING THAT ALL REQUIRED NOTICES HAVE BEEN PUBLISHED AND ALL REQUIRED HEARINGS HELD; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE Section 1. That there is hereby levied for the fiscal year beginning October 1, 2001, and ending September 30, 2002, on all real property situated and all personal property owned within the taxable limits of the said City of La Porte, on the first day of January, 2001, except so much as may be exempt under the constitution and laws of the United States, this State, and the City of La Porte, the following taxes: (1) An Ad Valorem Tax of and at the rate of fifty-seven and one-half cents ($.575) on the one hundred dollars ($100.00) cash value thereof, estimated in lawful currency of the United States for the current expenses for the support, maintenance, and improvement of the City Government of said City of La Porte; and (2) An Ad Valorem Tax of and at the rate of thirteen and one-half cents ($.135) on the one hundred dollars ($100.00) cash value thereof, estimated in lawful currency of the United States, to pay current interest on and provide one year's sinking fund and to pay all of the Principal and Interest accruing on all outstanding general obligation bonds and certificates of obligation lawfully issued by the City of La Porte. That this provides the sum of total Ad Valorem tax at the rate of seventy-one cents ($.71) on the one hundred dollars ($100.00) cash value thereof, estimated in lawful currency of the United States. Section 2. All property upon which a rate of taxation is hereinabove levied shall be assessed on a ratio of one hundred percent (100%) of the estimated market value thereof. Section 3. That the sums hereinafter accruing and collected from the hereinabove taxes so levied be and the same are hereby appropriated for the support, maintenance, and improvement of the City Government of the City of La Porte. Section 4. The City Council officially finds, determines, recites and declares that all notices required by law have been published, and that a public hearing as required by law was duly called and held, and that all matters prerequisite to the establishment and levy of an ad valorem tax have been accomplished, all as required by the laws of the State of Texas, and the Home Rule Charter of the City of La Porte. Section 5. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. • Section 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 7. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place, and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required. Section 8. This Ordinance shall be in effect from and after its passage and approval. PASSED AND APPROVED this the 10th day of September, 2001. CITY OF LA PORTE, TEXAS ri�-- N man alone, Mayo AT ST- A City Secretary ORIGINAL TAX DOCUMENTS MAINTAINED IN TAX OFFICE REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 10 2001 Appropriation Requested By: Cynthia B. Alexander Source of Funds: N/A Department: Finance Account Number: N/A Report: Resolution: Ordinance: XX Amount Budgeted: N/A Exhibits: Amount Requested: N/A Exhibits: Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION The Fiscal Year 2001-02 Budget was built around a 4% reduction in Water and Sewer rates. This entails reducing the base residential water rates from $6.25 to $6.00, and base residential sewer rates from $5.75 to $5.52. We are not proposing an adjustment to the sewer cap of $27.50. These actions will result in a total 53.8% reduction in sewer rates; and 13.7% in water rates, over the last 6 years. Sewer Rates 1996-97 2001-2002 11.95 5.52 Water Rates 1996-97 2001-2002 6.95 6.00 Action Required by Council: Approve Ordinance reducing the Water and Sewer rates. Approved for City Council Agenda Robert T. Herrera, City Manager Date • 0 ORDINANCE NO. 1666-2 AN ORDINANCE AMENDING CHAPTER 74 UTILITIES, SECTION 74-246 AND SECTION 74-276, AND FURTHER AMENDING APPENDIX A -FEES OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, SECTION 74-246 AND SECTION 74-276, BY AMENDING THE FEES ESTABLISHED THEREIN TO READ AS PROVIDED HEREIN; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: SECTION 1. THE CODE OF ORDINANCES OF THE CITY OF LA PORTE IS HEREBY AMENDED, BY AMENDING SECTION 74-246 AND SECTION 74-276, AND APPENDIX A -FEES OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, WHICH SHALL HEREAFTER READ AS FOLLOWS, TO WIT: "Sec.74-246. Enumeration. The City Council of the City of utility service in the City of La Porte. (Code 1970, § 26-11; Ord. No. 1607. § "Sec.74-276. Enumeration. La Porte establishes the following charges for 1, 9-26-88; Ord. No. 1666, § 1,9-11-89) Rates shall be applicable for sewage treatment by the city, computed on a monthly basis in amounts established by the city and listed in appendix A of this Code. (Code 1970, § 26-15; Ord. No. 1607, § 2, 9-26-88; Ord. No. 1666, § 2, 9-11-89; Ord. No. 1671, § 1, 12-11-89; Ord. No. 1748, § 1, 3-25-91; Ord. No. 97-2194, § 1, 9-8-97; Ord. No. 98-2278, § 1, 9-14-98) APPENDIX A -FEES* Description Chapter 74. Utilities Article Il. Industrial Waste Division 3. Public Sewer Use Subdivision I. In General Amount (a) Application fee for wet industry classification permit.... 25.00 Section this Code Ordinance NO. 1666-2 • • Page 2 Article 111. Water and Sewer Service Charges Division 1. Generally (a) Collection cost of lien for delinquent utility bill.... 50.00 Division 2. Water Service Rates and Charges (a) Water service rates (1) Residential use: A minimum charge, per 6.00 month.... (2) Apartment units, duplex units, individual 5.35 mobile homes in mobile home parks, with units not individually metered for water: A minimum charge per month, per living unit.... (3) Commercial and industrial use: A minimum charge per month shall be made in accordance with the size of the meter utilized to measure service to the customer in accordance with the following schedules a. 3/4-inch meter, or smaller 9.35 meter.... b. 1-inch meter.... 12.85 C. 11/2-inch meter.... 22.75 d. 2-inch meter.... 36.65 e. 3-inch meter.... 76.35 f. 4-inch meter.... 131.85 g. 6-inch meter.... 290.60 h. 8-inch meter or larger.... 512.80 74-101(c) 74-224(c) 74-246 Ordinance NO. 1666-2 Page 3 (4) Volume charges a. Each minimum bill of residential, commercial and industrial shall include 2,000 gallons of water per month. b. Each minimum bill of apartment units, duplex units, individual mobile homes in mobile home parks, with units not individually metered for water, shall include 2,000 gallons of water per unit per month. C. Each additional 1,000 gallons used by a customer each month shall be charged in accordance with The following schedule: 1. For the next additional 8,000 gallons exceeding 2,000 gallons (per 1,000 gallons).... 2.08 2. For the next additional 15,000 gallons exceeding 10,000 gallons (per 1,000 gallons).... 2.30 3. Each additional 1,000 gallons consumed exceeding 25,000 gallons (per 1,000 gallons).... 2.65 d. The volume charge to commercial and industrial shall be in accordance with the schedule in volume charges, (4)c. e. The volume charge to apartment units, duplex units, individual mobile homes in mobile home parks, with units not individually metered for water, shall be in accordance with the schedule in volume charges, 4)c after the usage of the amount of water exceeds the number of units billed, times 2,000 gallons each month. (b) Certain water services 74-249 (1) New service fee.... 10.00 (2) Transfer of service fee.... 15.00 Ordinance NO. 1666-2 is Page 4 40 (3) Meter replacement fee.... 25.00 (4) Pressure testing of service lines.... 25.00 (5) Rereading of meter.... 5.00 (c) Service restoration fee (1) Regular hours.... 25.00 (2) After regular hours.... 35.00 (d) Discontinuance of service (1) With locking mechanism.... 25.00 (2) Additional fee for removal of or tampering 25.00 with locking mechanism.... (e) Administrative penalty for unauthorized tap or hookup.... 200.00 (f) Deposits for service (1) Owner -occupied, single-family residence 90.00 consumers.... (2) Other single-family residence consumers.... 125.00 Division 3. Sewer Service Rates and Charges (a) Rates for sewer service.... The following rates shall be applicable for sewage treatment by the city computed on a monthly basis: (1) Residential use: A minimum charge (per 5.52 month).... (2) Apartment units, duplex units, individual 5.75 mobile homes in mobile home parks, with units not individually metered for water: A minimum charge per month, per living unit.... (3) Commercial and industrial use: A minimum charge per month shall be made in accordance with the size of the meter utilized to measure service to the customer in accordance with the following schedules: 74-251(c) 74-251(e) 74-251(f) 74-252(c) 74-276 Ordinance NO. 1666-2 Page 5 10 a. 3/4-inch meter or smaller 16.95 meter.... b. 1-inch meter.... 25.95 C. 11/2-inch meter.... 50.95 d. 2-inch meter.... 85.95 e. 3-inch meter.... 186.95 f. 4-inch meter or larger.... 326.95 (4) Volume charges: a. Since sewer discharge is not metered, all volume charges shall be based on the total water volume charged to the customer. b. Each minimum bill of residential, commercial and industrial shall include 2,000 gallons of sewage discharge treated each month. C. Each minimum bill of apartment units, duplex units, individual mobile homes in mobile home parks, with units not individually metered for water, shall include 2,000 gallons of sewage discharge treated per unit, each month per unit. d. Each additional 1,000 gallons treated for a customer each month shall be charged in accordance with the following schedule: 1. Residential, per 1,000 gallons.... 2.48 2. Commercial and industrial, per 1,000 gallons.... 2.48 3. Apartment units, duplex units, individual mobile homes in mobile home parks, with units not individually metered for water, per 1,000 gallons.... 2.48 Ordinance NO. 1666-2 Page 6 e. Computation of volume based on water purchased: 1. Residential: The volume of sewage treated Shall be based on 85 percent of the resident's water volume billed each month. However, the maximum residential charge will be limited to.... 27.50 2. Commercial and industrial: The volume of sewage treated Will be based upon 85 percent of the monthly water consumption. 3. Multiunits: The volume charge to apartment units, duplex units, individual mobile homes in mobile home parks, with units not individually metered for water, shall be based on 85 percent of the amount of water billed each month. Senior citizen discount: Residential customers 60 years of age or older Shall be entitled to a $1.00 monthly discount on Their primary account." SECTION 2. If any provision, section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity of any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose. SECTION 3. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting Ordinance NO. 1666-2 • • Page 7 has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. SECTION 4. This ordinance shall be effective beginning business hours on October 1, 2001, pursuant to its passage and approval. PASSED AND APPROVED, this the pe � day of September, 2001. CITY OF LA PORTE BY: .'Z� ZA4ea=�' = Orman L. Malone, Mayor ATTEST: AA A-ALW - AMaha Gillett, City Secretary APPROVED AS TO FORM: • • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 10, 2001 Requested By: Doug Kneu Doer &tp Department: Planning Report: Resolution: Ordinance: X Exhibits: A. Ordinance for: 1.) Industrial District Agreement 2.) Water & Sewer Service Agreements B. Industrial District Agreement C. Water Service Agreement D. Sanitary Sewer Service Agreement E. Area Map Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: _YES ENO SUMMARY & RECOMMENDATION Don L. and Martha T. Tuffli Trust, developer of the Calpine Turbine Maintenance Group facility in the Bayport North Industrial Park, has recently approached the City for water and sanitary sewer service to serve the site. The business is to be located at 4100 Underwood Road. Council has approved a policy to provide utility service to companies located outside city limits and within the industrial districts. These companies must maintain a current Industrial District Agreement with the City. Don L. and Martha T. Tuffli Trust wishes to pursue water and sanitary sewer service under the terms of the policy. Based on the company's stated demand for domestic and industrial process uses, the average daily demand for water is 2,050 gallons per day (2,050 gpd for domestic + 0 gpd for industrial processes). This stated demand includes utilization of water for the building's fire sprinkler system and landscape irrigation. Don L. and Martha T. Tuffli Trust will pay one and one-half (1 Y2) times the City's current utility rate. The term of the Water Service Agreement and Sanitary Sewer Service Agreement expires on December 31, 2007, plus any renewals and extensions thereof. However, the agreements shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or if the city exercises the right of termination. The applicant is subject to an administrative fee in the amount of $5,000 for each agreement. Payment has subsequently been received in the amount of $10,000. Staff recommends approval of the Industrial District Agreement, Water Service Agreement and Sanitary Sewer Service Agreement as submitted herein. Action Required by Council: Consider approval of an ordinance authorizing the City to enter into an Industrial District Agreement and an ordinance authorizating the City to execute a Water Service Agreement and Sanitary Sewer Service Agreement with Don L. and Martha T. Tuffli Trust. Approved for City Council Agenda O i I °t-( -off Robert T. Herrera, City Manager Date • EXHIBIT "A" Ordinance for Industrial District Agreement Ordinance for Water and Sanitary Sewer Service Agreements ORDINANCE NO. 2000-IDA-61 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH DON L. AND MARTHA T. TUFFLI TRUST, FOR THE TERM COMMENCING JANUARY 1, 2001, AND ENDING DECEMBER 31, 20071 MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECTI FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW1 AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. DON L. AND MARTHA T. TUFFLI TRUST has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 2001, and ending December 31, 2007, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. 0 • PASSED AND APPROVED, this �� day of �&'em&r 2001. ATTEST: Ma tha A. Gillett City Secretary APPROVED: Knox W. Askins, City Attorney CITY OF LA PORTE By: �e'— Ndrman L. Malo , Mayor 2 • 0 ORDINANCE NO. 2001- 1,501 AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT AND A SANITARY SEWER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND DON L. AND MARTHA T. TUFFLI TRUST; 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 the reference. The City manager 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. • 0 ORDINANCE NO. 2001- �5b`b PAGE 2 PASSED AND APPROVED, this ��' day of sacgem is er , 2001. CITY OF LA PORTE By: / -u* z, 07 ze�� N rman L. Ma one Mayor ATTEST: a.�&L&z Mar ha A. Gillett City Secretary APPR9VEZ,,: C Knox W. Askins City Attorney 0 0 EXHIBIT "B" Industrial District Agreement • 0 NO. 2000-IDA-61 STATE OF TEXAS COUNTY OF HARRIS i INDUSTRIAL DISTRICT AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and DON L. AND MARTHA T. TUFFLI TRUST (CALPINE TURBINE MAINTENANCE GROUP, Lessee) hereinafter called "COMPANY", W I T N E S S E T H: WHEREAS, it is the established policy of the City Council of the City of La Porte, Texas, to adopt such reasonable measures from time to time as are permitted by law and which will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the City and its citizens; and WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729, designating portions of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas", and Ordinance No. 842A, designating portions of the area located in its extraterritorial jurisdiction as the "Bayport Industrial District of La Porte, Texas", hereinafter collectively called "District", such Ordinances being in compliance with the Municipal Annexation Act of Texas, codified as Section 42.044, Texas Local Government Code; and WHEREAS, Company is the owner of land within a designated Industrial District of the City of La Porte, said land being legally described on the attached Exhibit "A" (hereinafter "Land"); and said Land being more particularly shown on a plat attached as Exhibit "B", which plat describes the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte; and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said Districts and for such purpose desires to enter into this Agreement with Company pursuant to Ordinance adopted by the City Council of said City and recorded in the official minutes of said City: NOW, THEREFORE, in consideration of the premises and the mutual agreements of the parties contained herein and pursuant to the authority granted under the Municipal Annexation Act and the Ordinances of City referred to above, City and Company hereby agree with each other as follows: FINAL DRAFT: February 24, 2000 I. City covenants, agrees and guarantees that during the term of this Agreement, provided below, and subject to the terms and provisions of this Agreement, said District shall continue to retain its extraterritorial status as an industrial district, at least to the extent that the same covers the Land belonging to Company and its assigns, unless and until the status of said Land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of this Agreement. Subject to the foregoing and to the later provisions of this Agreement, City does further covenant, agree and guarantee that such industrial district, to the extent that it covers said Land lying within said District and not now within the corporate limits of City, shall be immune from annexation by City during the term hereof (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that all Land, including that which has been heretofore annexed, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over the conduct of business thereon; provided, however, any portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146, shall be subject to the rules and regulations attached hereto as Exhibit "C" and made a part hereof; and provided, however, it is agreed that City shall have the right to institute or intervene in any administrative and/or judicial proceeding authorized by the Texas Water Code, the Texas Clean Air Act, the Texas Health & Safety Code, or other federal or state environmental laws, rules or regulations, to the same extent and to the same intent and effect as if all Land covered by this Agreement were not subject to the Agreement. In the event that any portion of the Land has heretofore been annexed by City, Company agrees to render and pay full City ad valorem taxes on such annexed Land and improvements, and tangible personal property. Under the terms of the Texas Property Tax Code (S.B. 621, Acts of the 65th Texas Legislature, Regular Session, 1979, as amended), the appraised value for tax purposes of the annexed portion of Land, improvements, and tangible personal property shall be determined by the Harris County Appraisal District. The parties hereto recognize that said Appraisal District has no authority to appraise the Land, improvements, and tangible personal property in the unannexed area for the purpose of computing the "in lieu" payments hereunder. Therefore, the parties agree that the appraisal of the Land, improvements, and tangible personal property in the unannexed area shall be conducted by City, at City's expense, by an independent appraiser of City's selection. The parties recognize that in making such appraisal for "in lieu" payment purposes, such appraiser must of necessity appraise the entire (annexed and unannexed) Land, improvements, and tangible personal property. 2 • 0 Nothing herein contained shall ever be interpreted as lessening the authority of the Harris County Appraisal District to establish the appraised value of Land, improvements, and tangible personal property in the annexed portion, for ad valorem tax purposes. A. On or before April 15, 2001, and on or before each April 15th thereafter, unless an extension is granted in accordance with the Texas Property Tax Code, through and including April 15, 2007, Company shall provide City with a written description of its Land and all improvements and tangible personal property located on the Land as of the immediately preceding January 1st, stating its opinion of the Property's market value, and being sworn to by an authorized officer of the Company authorized to do so, or Company's duly authorized agent, (the Company's "Rendition"). Company may file such Rendition on a Harris County Appraisal District rendition form, or similar form. The properties which the Company must render and upon which the "in lieu of" taxes are assessed are more fully described in subsections 1, 2, and 3 of subsection D, of this Paragraph III (sometimes collectively called the "Property"); provided, however, pollution control equipment installed on the Land which is exempt from ad valorem taxation pursuant to the provisions of Sec. 11.31 of the Texas Property Tax Code is exempt from ad valorem taxation and "in lieu of taxes" hereunder. A failure by Company to file a Rendition as provided for in this paragraph, shall constitute a waiver by Company for the current tax year, of all rights of protest and appeal under the terms of this Agreement. B. As part of its rendition, Company shall furnish to City a written report of the names and addresses of all persons and entities who store any tangible personal property on the Land by bailment, lease, consignment, or other arrangement with Company ("products in storage"), and are in the possession or under the management of Company on January 1st of each Value Year, further giving a description of such products in storage. C. On or before the later of December 31, 2001, or 30 days from mailing of tax bill and in like manner on or before each December 31st thereafter, through and including December 31, 2007, Company shall pay to City an amount "in lieu of taxes" on Company's Property as of January 1st of the current calendar year ("Value Year") . D. Company agrees to render to City and pay an amount "in lieu of taxes" on Company's Land, improvements and tangible personal property in the unannexed area equal to the sum of: 1. Fifty-three percent (53%) of the amount of ad valorem taxes which would be payable to City if all of the Company's Land and improvements which existed on January 1, 2001, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, (excluding amounts payable pursuant to subparagraph 2, below), had been within the corporate limits of City and appraised 91 2 each year by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code; and (a) On any Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) dedicated to new construction, in excess of the appraised value of same on January 1, 2000, resulting from new construction (exclusive of construction in progress, which shall be exempt from taxation), for each Value Year following completion of construction in progress, an amount equal to Thirty percent (30%) of the amount of ad valorem taxes which would be payable to City if all of said new construction had been within the corporate limits of City and appraised by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code. (b) A Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) as used in subparagraph 2(a) above, is defined as an increase in value that is the lesser of either: i. at least Five percent (5%) of the total appraised value of Land and improvements, on January 1, 2000; or ii. a cumulative value of at least $3,500,000.00. For the purposes of this Agreement, multiple projects that are completed in a Value Year can be cumulated to arrive at the amount for the increase in value. (c) If existing Property values have depreciated below the Property value established on January 1, 2000, an amount equal to the amount of the depreciation will be removed from the calculation under this subparagraph 2 to restore the value to the January 1, 2000, value; and 3. Fifty-three percent (53%) of the amount of ad valorem taxes which would be payable to City on all of the Company's tangible personal property of every description, located in an industrial district of City, including, without limitation, inventory, oil, gas, and mineral interests, items of leased equipment, railroads, pipelines, and products in storage located on the Land, if all of said tangible personal property which existed on January 1, 2001, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, had been within the corporate limits of City and appraised each year by the City's independent appraiser, 4 • 0 in accordance with the applicable provisions of the Texas Property Tax Code. with the sum of 1, 2 and 3 reduced by the amount of City's ad valorem taxes on the annexed portion thereof as determined by appraisal by the Harris County Appraisal District. IV. This Agreement shall extend for a period beginning on the 1st day of January, 2001, and continuing thereafter until December 31, 2007, unless extended for an additional period or periods of time upon mutual consent of Company and City as provided by the Municipal Annexation Act; provided, however, that in the event this Agreement is not so extended for an additional period or periods of time on or before August 31, 2007, the agreement of City not to annex property of Company within the District shall terminate. In that event, City shall have the right to commence immediate annexation proceedings as to all of Company's property covered by this Agreement, notwithstanding any of the terms and provisions of this Agreement. Company agrees that if the Texas Municipal Act, Section 42.044, Texas Local Government Code, is amended after January 1, 1994, or any new legislation is thereafter enacted by the Legislature of the State of Texas which imposes greater restrictions on the right of City to annex land belonging to Company or imposes further obligations on City in connection therewith after the annexation of such land, Company will waive the right to require City to comply with any such additional restrictions or obligations and the rights of the parties shall be then determined in accordance with the provisions of said Texas Municipal Annexation Act as the same existed January 1, 1994. V. This Agreement may be extended for an additional period or periods by agreement between City and Company and/or its assigns even though it is not extended by agreement between City and all of the owners of all land within the District of which it is a part. VI. A. In the event Company elects to protest the valuation for tax purposes set on its said properties by City or by the Harris County Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and Company shall have the right to take all legal steps desired by it to reduce the same. Notwithstanding such protest by Company, Company agrees to pay to City on or before the date therefor hereinabove provided, at least the total of (a) the total amount of ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu of taxes" on the unannexed portions of Company's hereinabove described property which would be due to City in accordance with the 5 foregoing provisions of this Agreement on the basis of renditions which shall be filed by Company. When the City or Harris County Appraisal District (as the case may be) valuation on said property of Company has been so finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final conclusion of the controversy, then within thirty (30) days thereafter Company shall make payment to City of any additional payment due hereunder based on such final valuation, together with applicable penalties, interests, and costs. B. Should Company disagree with any appraisal made by the independent appraiser selected by City pursuant to Article II above (which shall be given in writing to Company), Company shall, within twenty (20) days of receiving such copy, give written notice to the City of such disagreement. In the event Company does not give such written notice of disagreement within such time period, the appraisal made by said independent appraiser shall be final and controlling for purposes of the determination of "in lieu of taxes" payments to be made under this Agreement. Should Company give such notice of disagreement, Company shall also submit to the City with such notice a written statement setting forth what Company believes to be the market value of Company's hereinabove described property. Both parties agree to thereupon enter into good faith negotiations in an attempt to reach an agreement as to the market value of Company's property for "in lieu" purposes hereunder. If, after the expiration of thirty (30) days from the date the notice of disagreement was received by City, the parties have not reached agreement as to such market value, the parties agree to submit the dispute to final arbitration as provided in subparagraph 1 of this Article VI B. Notwithstanding any such disagreement by Company, Company agrees to pay to City on or before December 31 of each year during the term hereof, at least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu" payments which would be due hereunder on the basis of Company's valuations rendered and/or submitted to City by Company hereunder, or the total assessment and "in lieu of taxes" thereon for the last preceding year, whichever is higher. 1. A Board of Arbitrators shall be created composed of one person named by Company, one by City, and a third to be named by those two. In case of no agreement on this arbitrator in 10 days, the parties will join in a written request that the Chief Judge of the U.S. District Court for the Southern District of Texas appoint the third arbitrator who, (as the "Impartial Arbitrator") shall preside over the arbitration proceeding. The sole issue to be determined in the arbitration shall be resolution of the difference between the parties as to the fair market value of Company's property for calculation of the "in lieu" payment and total payment hereunder for the year in question. The Board shall hear and consider all relevant and material evidence on that issue including 2 expert opinion, and shall render its written decision as promptly as practicable. That decision shall then be final and binding upon the parties, subject only to judicial review as may be available under the Texas General Arbitration Act (Chapter 171, "General Arbitration", Texas Civil Practice and Remedies Code). Costs of the arbitration shall be shared equally by the Company and the city, provided that each party shall bear its own attorneys fees. VII. City shall be entitled to a tax lien on Company's above described property, all improvements thereon, and all tangible personal property thereon, in the event of default in payment of "in lieu of taxes" payments hereunder, which shall accrue penalty and interest in like manner as delinquent taxes, and which shall be collectible by City in the same manner as provided by law for delinquent taxes. VIII. This Agreement shall inure to the benefit of and be binding upon City and Company, and upon Company's successors and assigns, affiliates and subsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, either voluntarily or by operation of law, all or any part of the property belonging to it within the territory hereinabove described, and the agreements herein contained shall be held to be covenants running with the land owned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force. Company shall give City written notice within ninety (90) days, with full particulars as to property assigned and identity of assignee, of any disposition of the Land, and assignment of this Agreement. IX. If City enters into an Agreement with any other landowner with respect to an industrial district or enters into a renewal of any existing industrial district agreements after the effective date hereof and while this Agreement is in effect, which contains terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to amend this Agreement and City agrees to amend same to embrace the more favorable terms of such agreement or renewal agreement. X. The parties agree that this Agreement complies with existing laws pertaining to the subject and that all terms, considerations and conditions set forth herein are lawful, reasonable, appropriate, and not unduly restrictive of Company's business activities. Without such agreement neither party hereto would enter into this Agreement. In the event any one or more words, phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the application thereof to any person, firm, 7 • corporation or circumstances shall be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph, section, article or other part of the Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. XI. Upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect to said Land shall terminate. ENTERED INTO effective the 1st day of January, 2001. 'H&Rz 2780 Skypark Drive, Suite 460 Torrance, CA 90505-5350 ATTEST: CITY OF LA PORTE By: 9 Cit Secretary man L. Malone Mayor APPR'Ot D : Knox W. skins City Attorney City of La Porte P.O. Box 1218 La Porte, TX 77572-1218 Phone: (281) 471-1886 Fax: (281) 471-2047 By: 1, 4�t�� Robert T. Herrera City Manager CITY OF LA PORTE P.O. Box 1115 La Porte, TX 77572-1115 8 "EXHIBIT AN (Metes and Bounds Description of Land) • • METES & BOUNDS DESCRIPTION 5.1853 ACRES BEING OUT OF RESTRICTED RESERVE 'A" BAYPORT NORTH INDUSTRIAL PARK HARRIS COUNTY, TEXAS All that certain 5.1853 acres of land being out of Restricted Reserve 'A", Bayport North Industrial Park according to the plat thereof filed at Film Code No. 437010, Harris County Map Records, also being out of that certain called 110.5334 acre tract of land described in a deed dated 11-08-1999 from Don L. Tuffli, Trustee to Bayport North Industrial Park, L.P. filed for record in the Official Public Records of Real Property of Harris County, Texas, at Clerl(s File No. U-074535, Film Code No. 529-10-2591 being more particularly described by metes and bounds as follows: BEGINNING at a found 5/8" Iron rod with cap located in the south right-of-way line of Fairmont Parkway (250, wide) at its intersection with the west end of a 20' cut back line for the west right-of-way line of Underwood Road (50' wide), and being the northerly northeast comer of said Reserve 'A"; THENCE S 510 55' 14" E — 25.71', with the said cut back line, to a found 5/6" iron rod with cap for comer; THENCE S 010 56' 14' E — 509.60', with the said west right-of-way line to a found 518" iron rod with cap located in the north right-of-way line of New Century Drive (60' wide) at its intersection with the east end of a 20' cut back line, and being the northerly southeast comer of said Reserve W; THENCE S 420 28' 18' W — 28.56', with the said cut back line, to a found 5/6" iron rod with cap for comer; THENCE S 860 52' 50" W — 410.00', with the said north right-of-way line to a set 5/8' iron rod with cap for comer; THENCE N 030 07' 10" W — 495.54' to a set 5/8' iron rod with cap in the said south right-of-way line of FainTiont Parkway, being a point on a curve to the left having a central angle of 030 59' 22", a radius of 5,854.58' and a radial bearing of N 07° 55' 40" W; THENCE continuing in a easterly direction with the said south right-of-way line an arc distance of 407.65'. to a point marking the end of the curve, from which a found copperweld rod# 3173 bears, N 620 51' 13' W — 0.33'; THENCE N 780 05' 34" E — 17.09'. with the said south right-of-way line, to the POINT OF BEGINNING and containing 5.1853 acres (225,870 square feet) of land, more or less. Compiled from survey by: PREJEAN & COMPANY, INC. Surveying / Mapping Job No. 256-1-13 January 17, 2001 Revised: January 29, 2001 CARicha(d\Metes & 8ounds125&1-13.mb.doc EXHIBIT A F t N MMATHIS v �'p �Fs s to�y0 S t1 Fi V-c. 0 0 "EXHIBIT B" (Attach Plat reflecting the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte.) 0 0 "EXHIBIT C° Page 1 of 2 RULES AND REGULATIONS Any portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146 shall be subject to the following rules and regulations pertaining to new signage, screening, driveways and median crossovers. These rules and regulations shall apply after the effective date of this Agreement when Company develops or constructs improvements on vacant Land described in Exhibit "A" which is adjacent to Fairmont Parkway, State Highway 225, or State Highway 146. 1. Any sign erected in said 100' strip of land shall be subject to the following provisions: ♦ One freestanding identification sign shall be permitted for each side of an industrial establishment that fronts on an improved public right-of-way. ♦ Freestanding identification signs for single tenant buildings shall not exceed 150 square feet in area. ♦ One freestanding identification sign for identifying multiple businesses is allowable at the intersection of improved public rights -of -way. ♦ Freestanding identification signs for multiple businesses shall not exceed 350 square feet. ♦ Freestanding identification signs shall not exceed 45 feet in height. ♦ Minimum setback for sign construction shall be ten (10) feet from property lines. 2. When Land adjacent to said 100' strip is developed, the initial 50, of said strip beyond any existing pipeline easement contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146 shall be screened by one of the following techniques: a) Leaving in place existing trees, vegetation, underbrush, etc. to provide a thorough and effective visual screening of the development. Existing trees shall, together with other vegetation and underbrush, create a continuous visual screen. b) The use of earthen berms with approximately 3:1 side slopes, 50, wide at the base and 8' high. The berms may be landscaped with a combination of trees, shrubs, and ground cover. All berms and landscaping will be maintained by the property owners. "EXHIBIT C" Page 2 of 2 c) A screening plan, to be approved by the City, that includes a combination of trees, shrubs, and ground cover that after 5 years growth will be at least 20 feet in height and shall, together with shrubs and ground cover, create a continuous visual screen. Provided, however, in public utility easements or rights -of -way, the vegetation shall be installed and maintained in a manner which is acceptable to the public utility company, and does not interfere with the operation and maintenance of the public utility facilities. For items b and c above, the actual length of required screening along the roadway will be equal to the length of the new development that is parallel to the roadway. Screening shall not be required for new development that is to the rear of or behind existing facilities. In all cases the 50' strip, along the entire roadway frontage, shall be dedicated as a landscape easement and shall be kept free from any improvements except for approved driveway access and identification signs. For cases of new development or improvements where a 50' landscape easement is not available or practical, Company shall meet with City to determine a suitable landscaping alternative. 3. Driveways opening from said strip of land onto State Highway 225 or State Highway 146 shall be subject to the rules and regulations of the Texas Department of Transportation and provisions of the City's Code of Ordinances, whichever is more restrictive. Driveways opening from said strip of land onto Fairmont Parkway shall be subject to the rules and regulations of Harris County and provisions of the City's Code of Ordinances, whichever is more restrictive. 4. Driveways opening from said strip of land onto Fairmont Parkway shall be approved by the City and may require the installation of separate acceleration/deceleration lanes. 5. Installation of a median crossover on Fairmont Parkway shall be subject to the approval of both Harris County and City. • C� EXHIBIT "C" Water Service Agreement • 0 1 STATE OF TEXAS § COUNTY OF HARRIS § WATER SERVICE AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and DON L. AND MARTHA T. TUF U TRUST, hereinafter called "COMPANY". I. COMPANY is the owner of certain real property which is situated in CITY'S Bayport Industrial District and not within the corporate limits of the CITY. CITY and COMPANY are parties to a current Industrial District Agreement. In COMPANY is desirous of purchasing potable water from CITY for usual human domestic consumption and uses, and for limited industrial processes as hereinafter stated. Previous planning considerations for the long-range potable water supply of CITY did not include the needs of property located outside the city limits of CITY. COMPANY recognizes that CITY cannot at this time provide permanent and unlimited water service. CITY agrees, however, to provide limited potable water service to COMPANY. For and in consideration of furnishing domestic potable water by CITY, the parties hereto agree as follows, to -wit: it COMPANY has made certain representations to CITY as to its number of employees, and/or its desired amount of potable water for limited industrial processes, as of the date of this agreement, upon which representations CITY has relied in entering into this Agreement. • • 2 Upon review of these representations, the City has determined the following: Number of Company Employees on site Number of Contract Employees on site Total on -site Employees Potable Water Approved for Domestic Use (Total on -site Employees times 50 gpd per employee) *Potable Water Approved for Industrial Processes (gpd) Total Amount of Potable Water Approved for Company (Average Daily Demand, gpd) IV. CITY has determined that adequate facilities are available to CITY to furnish potable water to COMPANY based on the following terms and conditions, to -wit: (A) Company shall pay to CITY a one-time administrative connection charge of $ 51000 (B) Potable water used for Industrial Processes shall be limited to the following: *Ruilding fire sprinkler decioed for nrdinary ha�arrd nun y 350-450 rm), lanr. dsminP im,_gatinn (C) COMPANY shall file an application for water service with CITY'S Utility Billing Division and pay appropriate deposit and water meter charge. CITY shall be responsible for furnishing and installing meter at Company's expense. COMPANY shall be responsible for installing appropriate meter box to be approved by City. (D) Where applicable, COMPANY shall also pay to CITY $ N/A as a pro-rata reimbursement for installation of utility mains funded by other parties. (E) The total amount of potable water approved (average daily demand) is established at JMD THOUSAND FIFTY (2,050) gallons per day. This number is based on an average of fifty (50) gallons per employee per day established by CITY, plus any amount approved for industrial 0 3 processes. (F) The average monthly demand of SIXTY TWO THOI TSAND. FTVF M NDRF.D TWENTY- = (62,525) gallons is established by multiplying the average daily demand by a factor of 30.5, which shall be used to facilitate service billings. (G) The cost of water up to the average monthly demand of SIXTY TWO TROT IS AND FIVE HT INDRF.D TWENTY-FIVE (62,525) gallons shall be one hundred fifty percent (150%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (IT) The cost of water for amounts used in excess of the established average monthly demand shall be two hundred percent (200%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (I) Nothing contained in this Agreement shall obligate CITY to furnish more than the average monthly demand of 91XTV TWO THOINAND. FTVF HUNDRED TWENTY-FIVE (62,525). Repeated consumption greater than the established average monthly demand may result in termination of service. (J) CITY shall have the right to interrupt or temporarily suspend said water service to COMPANY if an emergency arises and there is not an adequate water supply to meet the needs of the citizens of La Porte. (K) CITY reserves the right to enforce its drought contingency plan on all water customers at CITY'S sole discretion. (L) The total cost for the engineering design and construction of any potable water main, service line, back flow preventer, meter or other required appurtenances will be the responsibility of COMPANY. (N17COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the • 4 furnishing of potable water to customers within the corporate limits of CITY. (N) All plumbing installed by COMPANY connected to the domestic water line from CITY, shall meet all applicable State of Texas and CITY plumbing code requirements. CITY'S engineering and code enforcement personnel shall have the right of prior review and approval of COMPANY'S plans and specifications for the plumbing system(s). CITY plumbing inspectors shall have the right to inspect any and all work related to the furnishing of potable water to COMPANY. (0) A reduced pressure zone backflow preventer shall be installed and maintained by COMPANY to protect CITY from any possible cross -connections. (P) The potable water supply system will be segregated from any existing and future COMPANY fire protection system. (Q) There shall be no resale of the water provided by CITY, nor any extension of service lines by COMPANY to serve other parties. (R) COMPANY shall submit a certified site plan showing the total acreage of the tract including present and proposed improvements and a suitable location map of the site. Company's development may be subject to certain additional requirements as described in Exhibit A These requirements shall be shown on the site plan and approved by City. 1� All expenses of the installation of the meter; service lines from the main to the meter; and from the meter to COMPANY'S facilities, shall be solely at the expense of COMPANY. COMPANY shall own and maintain all service lines and plumbing facilities beyond the meter. CITY shall own the meter. 1VIA CITY will have ownership and maintenance responsibility for its water mains, and service lines up to and including CITY'S water meter. In the event a State or Harris County license, permit, or • • 5 permission to install the water main is revoked, or relocation or adjustment is required, CITY will not be responsible for the expense of such relocation, adjustment, or replacement. CITY reserves the right of entry at all reasonable times for the purpose of inspection of COMPANY'S water facilities, and to observe compliance with the terms and conditions of this Agreement. When exercising its right of entry, CITY shall notify COMPANY in advance. CITY also agrees to follow established health and safety policies in effect at COMPANY'S facility. CITY reserves the right to terminate this agreement in the event of violation of the terms and provisions hereof by COMPANY. CITY will provide COMPANY with written notice of any defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects within ten (10) days may result in tennination of Agreement. CITY shall have the right to summarily correct, at COMPANY'S expense, any defect or deficiency, when in its opinion the integrity of the public water supply is threatened. IIM Upon receipt of written notice of termination, COMPANY shall have up to six (6) months to prepare for transition to another water supply. If the transition is not complete within said six-month period, CITY shall have the right to terminate water service at its sole discretion. 0 In the event of any conflict between the terms and provisions of this Water Service Agreement and the terms and provisions of the Industrial District Agreement between the parties, the terms and provisions of the Water Service Agreement shall control, to the extent of such conflict. The term of this Agreement shall terminate on December 31, 2007. However, this Agreement shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or if CITY exercises its right of termination. • • 6 ENTERED INTO effective the?.A-day of -« 2001. CITY OF LA PORTE ATTEST: A. Gillett City Secretary OVED: Knox W. Askins City Attorney City Attorney PO Box 1218 LaPorte, TX 77572-1218 Phone: (281) 471-1886 Fax: (281) 471-2047 r Co ame: F Title: Address: WE IFS 7-4 CIT OF LA PORTE By:-r- -j - Z---- Noirrnan L. Malone Mayor ON A.ffl�lw Robert T. Herrera City Manager City of La Porte PO Box 1115 LaPorte, TX 77572-1115 Phone: (281) 471-5020 Fax: (281) 471-7168 • • This is EXHIBIT A, consisting of 1 page, referred to in and part of the Water Service Agreement and/or Sanitary Sewer Service Agreement between CITY and COMPANY dated ALII,fis, 311a O / , i. CITY COMPANY The Agreement is amended and supplemented to include the following agreement of the parties. COMPANY shall provide additional improvements as specifically set forth below. These agreements represent contractual undertakings of COMPANY, undertaken to induce CITY to sell water to COMPANY pursuant to the terms of the Water Service Agreement and/or Sanitary Sewer Service Agreement and this addendum. Said additional improvements undertaken by COMPANY are an integral part of the consideration by COMPANY for obtaining the provision of water and/or sanitary sewer service from CITY. 1) Storm Water Plan: For new development COMPANY shall provide a Storm Water Management Plan that is approved by Harris County Flood Control District and CITY. COMPANY shall construct and maintain any storm water system as a condition of continued water and/or sewer service. 2) Beautification Efforts: COMPANY shall submit a Landscaping Plan subject to approval by CITY. COMPANY shall install and maintain landscaping along its existing developed frontage as per approved Landscaping Plan as a condition of continued water service. 0 EXHIBIT "D" Sanitary Sewer Service Agreement • 0 1 STATE OF TEXAS § COUNTY OF HARRIS § SANITARY SEWER SERVICE AGREEMENT (for Companies located in Bayport North Industrial Park) This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and DON L. AND N L4,RTHA T. TUFFLI TRUST, hereinafter called "COMPANY". I. COMPANY is the owner of certain real property, which is situated in CTTY'S Bayport Industrial District and not within the corporate limits of the CITY. CITY and COMPANY are parties to a current Industrial District Agreement. Q COMPANY is desirous of purchasing sanitary sewer service from CITY for usual human domestic uses. COMPANY recognizes that CITY cannot at this time provide permanent and unlimited sanitary sewer service. CITY agrees, however, to provide limited sanitary sewer service to COMPANY. For and in consideration of fizrnishing sanitary sewer service by CITY, the parties hereto agree as follows, to -wit: iI COMPANY has made certain representations to CITY as to its number of employees, and/or its desired amount of sanitary sewer from limited industrial processes, as of the date of this agreement, upon which representations CITY has relied in entering into this Agreement. 2 Upon review of these representations, the City has determined the following. Number of Employees on -site 41 Number of Contract Employees 0 Total on -site Employees 41 Sanitary Sewer Desired for Domestic Use (Total on -site times 50 gpd per employee)—2y(15f1 Sanitary Sewer Approved for Industrial Processes (gpd) 0 Total Amount of Sanitary Sewer Approved by Company (Average Daily Demand, gpd) 2,050 CITY has determined that adequate facilities are available to allow CITY to furnish sanitary sewer to COMPANY based on the following terms and conditions, to -wit: (A). Company shall pay to CITY a one-time administrative connection charge of $ 51000 (B). COMPANY shall file an application for sanitary sewer service with CITY'S Utility Billing Division and pay appropriate deposit. (C). The average daily demand is established at TWO -THOIISAND FIFTY (2, ) gallons per day. This number is based on an average of fifty (50) gallons per employee per day established by CITY. (D). The average monthly demand is calculated to be eighty-five percent (85%) of the average daily demand multiplied by a factor of 30.5, which shall be used to facilitate service billings. (E). The cost of sanitary sewer service up to the average monthly demand of FIFTY THRF$ THO1TCAWD ONE " TNDRRn FORTY-SIX (53146) gallons shall be one hundred fifty percent (150%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (F). The cost of sanitary sewer service for amounts in excess of the established average monthly • 0 3 demand shall be two hundred percent (200%) of the CITY' S rate as established from time to time for commercial customers inside its corporate limits. (G). Nothing contained in this Agreement shall obligate CITY to furnish more than the average monthly demand of FIFTY THREE THOUSAND ONE. MINDRED FORTY-SIX (53 146) gallons. Repeated sanitary sewer delivery greater than the established average monthly demand may result in termination of service. (II). COMPANY agrees that during periods when the CITY' S collection system is surcharged, the CITY may require the suspension of use of the sanitary sewer system for periods not to exceed thirty-six hours. (1). CITY shall have the right to interrupt or temporarily suspend said sanitary sewer service to COMPANY if an emergency arises and there is not an adequate sewer collection or treatment capacity to meet the needs of the citizens of La Porte. (J). COMPANY agrees that it shall be bound by CITY'S Industrial Waste Ordinance (Chapter 74, Article II of the Code of Ordinances) and any subsequent amendments or revisions. (K). The total cost for the engineering design and construction of any sanitary sewer main, service line, lift station, meter or other required appurtenances will be the responsibility of COMPANY. (L). COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the furnishing of sanitary sewer service to customers within the corporate limits of CITY. (N>). All plumbing installed by COMPANY connected to the sanitary sewer line from CITY, shall meet all applicable State of Texas and CITY plumbing code requirements. CTTY'S engineering and code enforcement personnel shall have the right of prior review and approval of COMPANY'S plans and specifications for the plumbing system(s). CITY plumbing inspectors shall have the right to inspect any and all work related to the furnishing of sanitary sewer service to COMPANY. • 0 4 (1). There shall be no resale of the sanitary sewer service provided by CITY, nor any extension of service lines by COMPANY to serve other parties. (0). COMPANY shall submit a certified site plan showing the total acreage of the tract including present and proposed improvements and a suitable location map of the site. Company's development project may be subject to certain additional requirements as described in Exhibit A. These requirements shall be shown on the site plan and approved by City. V. All expenses of the installation of service lines from the main to the COMPANY'S facilities, shall be solely at the expense of COMPANY. COMPANY shall own and maintain all service lines and plumbing facilities. 1I� CITY has no ownership and/or maintenance responsibility for the sanitary sewer mains and/or service lines within Bayport North Industrial Park. In the event a State or Harris County license, permit, or permission to install the sanitary sewer main is revoked, or relocation or adjustment is required, CITY will not be responsible for the expense of such relocation, adjustment, or replacement. MI CITY reserves the right of entry at all reasonable times for the purpose of inspection of COMPANY'S sanitary sewer facilities, and to observe compliance with the terms and conditions of this Agreement. When exercising its right of entry, CITY shall notify COMPANY in advance. CITY also agrees to follow established health and safety policies in effect at COMPANY'S facility. WO CITY reserves the right to terminate this agreement in the event of violation of the terms and provisions hereof by COMPANY. CITY will provide COMPANY with written notice of any defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects within ten (10) days may result in termination of Agreement. CITY shall have the right to summarily correct, at COMPANY'S expense, any defect or deficiency, when in its opinion the integrity of the public sanitary sewer system is threatened. • 0 M Upon receipt of written notice of termination, COMPANY shall have up to six (6) months to prepare for transition to another sanitary sewer service provider. If the transition is not complete within said six-month period, CITY shall have the right to terminate sanitary sewer service at its sole discretion. X. In the event of any conflict between the terms and provisions of this Sanitary Sewer Service Agreement and the terms and provisions of the Industrial District Agreement between the parties, the terms and provisions of the Sanitary Sewer Service Agreement shall control, to the extent of such conflict. The term of this Agreement shall terminate on December 31, 2007. However, this Agreement shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or if CITY exercises its right of termination. ENTERED INTO effective the 2 A 1) day of 2001. CITY OF LA PORTE ATTEST: , 11a. J1dwl Martha A. Gillett City Secretary AP OVED: Knox W. Askins mpan y Name: Title: h U 5- 7f�� Address "41 W C—�°D s rw CIT OF LA PORTE By: Orman L. Malone Mayor By: (?,,J:,� T. Robert T. Herrera City Attorney City Manager 0 6 This is EXHIBIT A, consisting of 1 page, referred to in and part of the Water Service Agreement and/or Sanitary Sewer Service Agreement between CITY and COMPANY datedo4J 7t; /? fi/L g�?Qi CIT AO� COMPANY," The Agreement is amended and supplemented to include the following agreement of the parties. COMPANY shall provide additional improvements as specifically set forth below. These agreements represent contractual undertakings of COMPANY, undertaken to induce CITY to sell water and/or sanitary sewer to COMPANY pursuant to the terms of the Water Service Agreement and/or Sanitary Sewer Service Agreement and this addendum. Said additional improvements undertaken by COMPANY are an integral part of the consideration by COMPANY for obtaining the provision of water and/or sanitary sewer service from CITY. 1) Storm Water Plan: For new development COMPANY shall provide a Storm Water Management Plan that is approved by Harris County Flood Control District and CITY. COMPANY shall construct and maintain any storm water system as a condition of continued water and/or sewer service. 2) Beautification Efforts: COMPANY shall submit a Landscaping Plan subject to approval by CITY. COMPANY shall install and maintain landscaping along its existing developed frontage as per approved Landscaping Plan as a condition of continued water service. 3) Sampling Well: COMPANY shall install a sanitary sewer sampling well in accordance with CITY's standards. 4) Industrial Waste Permit: COMPANY shall submit application to CITY for industrial waste permit. 0 EXHIBIT "E" Area Map ` fit • 0 REQ[JEST R CITY COUNCIL ANDA ITEM Agenda Date Requested: Requested By: Department: Administration Report: Resolution: Ordinance: Exhibits: Ordinance X Appropriation Source of Funds: 2000 G.O. Bonds 97-98 Gen Fund 98-99 Gen Fund Account Number: 015-9892-758-5110 Amount Budgeted: $2,023,274 Amount Requested: $1,772,859 Exhibits: Cost Estimate from Commodore Construction Budgeted Item: YES SUMMARY & RECOMMENDATION After Termination Notice was delivered and became effective (August 21, 2001), the architect contacted the second low bidder on the project, Commodore Construction, to see if they were interested in completing the project. Commodore indicated they were interested and met with staff, the architect, and the City Attorney on August 28 to discuss the project in general. Commodore then reviewed the status of the job, their previous bid, and provided a cost for completing the project. Commodore provided two estimates for completing the foundation. One estimate is for removing existing work and reworking the foundation ($17,713). The other estimate is for remediating the existing work ($41,181). For the latter approach Commodore requested language that would relieve them from warranting the foundation. Staff recommends the first option, removal and reworking the foundation preparation because it is more economical and would be warranted by Commodore Construction. The costs for Commodore Construction to complete the City Hall expansion contract are: Commodore's (February 13 bid) $1,698,000 Credit for storm sewer (12,140) Credit for fire line and vault (24,750) Price increase for roofing material 1,580 Price increase for drywall 8,035 Foundation (rework and complete) 17,713 $1,688,438 The contract time would be 422 calendar days, although Commodore believes this time can be reduced if the office movements by staff are well coordinated. For comparison purposes, RTG's bid was $1,644,375 and the third low bid was $1,942,000. Commodore's prequalification expired on February 28, 2001. Prior to Monday night's meeting, staff will review financial information to insure they prequalify by the City's guidelines. Staff recommends approval of a contract with Commodore Construction in the amount of $1,688,438 plus a 5% contingency of $84,421. The contract with Commodore Construction would include the same provisions as the previous contract including, insurance, bonds, and construction specifications. Action Required by Council: Consider approval or other action regarding an ordinance approving and authorizing a contract between the City of La Porte and Commodore Construction Corp. for construction of City Hall expansion/renovations; appropriating $1,688,438 plus a contingency of $84,421 to fund said contract. Approved for City Council Agenda n1u T- R-P11� `i-G-u1 Robert T. Herrera, City Manager Date • ORDINANCE NO. 2001-2509 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND COMMODORE CONSTRUCTION CORPORATION, FOR CONSTRUCTION OF CITY HALL EXPANSION/RENOVATIONSf APPROPRIATING $1,688,438 PLUS A CONTINGENCY OF $84,421, TO FUND SAID CONTRACTI MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECTy FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW1 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 $1,688,438 plus a contingency of $84,421, from General Capital Improvement Fund 015 and the 2000 General Obligation Bond Fund 041, 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. ORDINANCE NO. 2001-2509 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 loth day of September, 2001. CITY OF LA PORTE By: e�4 rman . Malon M yor ATTEST: Lftmoud-Aw Martha A. Gillett City Secretary APPR9NFD: / Knox W. Askins City Attorney 09/04/01 TUE 14:04 FAX 713 S.0 0714 COMMODORE CONST 0 002 - COMMODORE..CONSTRUCTION.CORP • .. - " ... ::. 56-Lyerly, Suite 106 •. -Houston, _ TX 77022 ' Phone 694-9371 Fax 694-0714 . . September 4, 2001 ---Mr:1tobcit W. McKnney, AI:A. _. ..20 Greenway Plaza, Suite 450 - :. _ Houston, Texas 77270�76'71 - - REF: La• porte City Hall Additions Dear Mr McKinney, -. _ Pursuant to our meting on:Tuesday Z8 An 2001. please find fli -following Pricing. breakdowns on the above rtfereaccd:project. " .. Remove Existing Work In place and Store. ... ... .. Credit for p ers i in place . • .... . • ..:.. ' '... ' _ . 5,817. 00) . Increase m concrete . rice• Demo 'eadsting forms A:rebar. & •replace _. -dig grade beams 6,235.00. _.. ..Re :... Chip down 32 piers • 4,300.00 Remove'building pad &• replace 5;700.00' _ Replace electrical conduit in slab _ 1,065.00 TOTAL ADb.FOR NEW SLAB _...:..: Remediste Existing• SlabAn.plac', -Credit for piers in place ..•• - (5,867..00) Increase in concrete price _ _ : • 4130:00. Demo existing re -bar • ' 6,090.Q0 Backfill beams, re -compact, re -grade, re -lay -steel *and grade beams :... ' Chip dawn 3'2:'.piers .00 �50 00 Credit for -building pad ad . • •_ ...... _ . •--: TOT.Q�I; ADD �O _ (7;360.00j � .. ii►1✓M�D1,AiTE .-_... _ • ...._ �4�,1�.Q0 • u REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 10 200 Requested By: Department: Polece Report: Resolution: Ordinance: xxx Exhibits: Crime Stoppers Agreement Exhibits: Exhibits: Annroriation Source of Funds: 2002 Budget Account Number: 00152525213001 Amount Budgeted: 1200.00 Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION Recommending the City of La Porte become an active member of the Crime Stoppers of Bay Area Corporation. The program provides a way for our citizens to assist in the possible prevention and resolution of crimes. In order to be a member of the program the City will be required to sign an agreement with the Crime Stoppers, which will be in affect on October 1, 2001, and ending on September 30, 2002. The City will pay $1200.00 to become a member for the year. These funds will come from budgeted funds in the 2002 budget. Action Required by Council: Approval for the City Manager to sign the Agreement between the City of La Porte and the Crime Stoppers of the Bay Area, Inc., for the management, operation, administration and maintenance of a Crime Stoppers Program. Approved for City Council Agenda 2j" T q- G Robert T. Herrera, City Manager Date ORDINANCE NO. A 001-AfflD AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND CRIME STOPPERS OF THE BAY AREA, INC. FOR THE MANAGEMENT, OPERATION, ADMINISTRATION AND MAINTENANCE OF A CRIME STOPPERS PROGRAM FOR THE BENEFIT OF THE CITY OF LA PORTE; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference, by and between the City of La Porte and the Crime Stoppers of The Bay Area, Inc., for the management, operation, administration and maintenance of a Crime Stoppers program for the benefit of the City of La Porte. 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 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. ORDINANCE NO. AQAA:�16 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 I&k day of5 E/�1,�3r , 2001. CITY OF LA PORTE B �— Y (Norman L. Malone, Mayor ATTEST: Martha A. Gillette, City Secretary AGREEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF HARRIS This Agreement entered into on this I" day of October, 2001, by and between the City of La Porte, Texas, a Home Rule municipal corporation (hereinafter the "City") and Crime Stoppers of the Bay Area, Inc., a Texas nonprofit corporation (hereinafter the "Consultant"), evidencing the following. Witnesseth WHEREAS, Consultant and the City desire to establish and maintain a Crime Stoppers program; and WHEREAS, the Crime Stoppers program provides a means for ordinary citizens to assist in the detection and resolution of crimes; and WHEREAS, the Crime Stoppers program, will open investigative doors that might otherwise remain closed. NOW, THEREFORE, in consideration of the mutual covenants, agreements and mutual benefits, which will accrue to each of the parties to this Agreement as well as the general citizenry of the City of La Porte, Texas, the parties have agreed and do hereby, agree as follow: 1. Term This Agreement and its terms and conditions shall be in effect for a period beginning on this 1" day of October, 2001, and ending on the 30t6 day of September, 2002, unless terminated as provided in this Agreement or renewed or extended by mutual agreement of both parties. This Agreement may be amended only by mutual written agreement of both parties. Either party may terminate this Agreement only by 30-days advance written notice by the party desiring to terminate to the other party to this Agreement. 2. Services Consultant agrees to manage, operate, administer and maintain the Crimes Stoppers program for the benefit of the City. Consultant shall be responsible for and establish all procedures relating to the operation of that Crime Stoppers program, including, but not limited to, the subsequent cash disbursements to qualifying informants. Consultants shall advise the Consultant's Crime Stoppers' coordinator and shall define the responsibilities for this position in relation to the Crime Stoppers Board of Directors. That coordinator shall not be considered an employee of the City for any purpose. 3. Payment Within twenty (20) days of the date of execution of the Agreement, the City shall pay to Consultant the amount of $1,200.00. This money is to be utilized for the purpose of assistance in providing support staff for the Consultant's Crime Stoppers program during the original term of the Agreement. In the event that this Agreement is renewed or extended for any additional period of time beyond the initial • term set out in Section 1 of this Agreement, the amount of funds to be provided by the City to the Consultant shall be determined by the City Council at the time the City Council adopts the City's annual budget. The Consultant shall provide written proof to the City that liability insurance coverage for the Crime Stoppers coordinator and secretarial support staff is in place, in the minimum amount of $100,000 per occurrence. 4. Indemnity Consultant agrees to DEFEND, INDEMNITY, SAVE and HOLD HARMLESS the City, its employees, agents, officers and assigns from any and all suits, actions, claims, damages and losses of any character whatsoever, including, without limitation, reasonable attorneys' fees and expenses, brought for or on account of any injuries or damages, real or asserted, received or sustained by any person or property, on account of any negligence of gross negligence, or any act or omission of the Consultant, its contractors, agents or employees arising directly or indirectly or in any way connected with the operation of the Crime Stoppers program. Consultant shall pay any judgement with costs, which may be obtained against the City, or any of its officers, agents or employees. 5. Ownership of Documents All reports, information and other data prepared, assembled or received by Consultant pursuant to the services provided for in this Agreement, shall remain the sole property of the Consultant. Inasmuch as allowed by State law and so as not to compromise the confidentiality of the Crime Stoppers program, Consultant shall promptly furnish the City with copies of such documents upon the Mayor's request. 6. Right of Review During the term of this Agreement, Consultant shall provide to the Mayor and the City Council of the City, an annual audited report and full documentation showing the disposition of the funds provided by the City under this Agreement, and that such funds were used only for the purpose stated in Section 3 of this Agreement Any and all funds, which remain, unaccounted for or unspent at the end of the term of this Agreement shall, at the City's direction, be returned to the City. Consultant shall not commingle funds received pursuant to this Agreement with any other monies. Any and all documentation relating to funds received pursuant to this Agreement shall be at all times open for inspection by the City or its officers or agents shall be afforded the opportunity on premises to make photocopies of any and all documentation relating to funds received pursuant to this Agreement 7. Addresses For the purpose of written notification as provided herein, all written notices to the City and to the Consultant shall be addressed as follows: City of La Porte Crime Stoppers Attn: Mayor Norman Malone PO Box 202 604 W Fairmont Pkwy. Seabrook, TX 77586-0202 La Porte, TX 17571 • 8. Independent Contractor By the execution of this Agreement, the City and the Consultant do not change the independent contractor status of Consultant. No term or provision of this Agreement nor act of Consultant in the performance of the Agreement shall be construed as making the Consultant the agent, servant or employee of the City. Consultant is, and shall remain, an independent contractor with full complete and exclusive authority to advise its own coordinator and staid and to determine the method of performance of the work covered by the Agreement. The fact that the City or the City's representative shall have the right to carry out the other prerogatives which are expressly reserved to and vested in the City or the City's representative hereunder is not intended to and shall not at any time change or effect the status of the Consultant as an independent contractor with respect to either the City or the City's representative or to the support staff mentioned in this Agreement or to any other person, firm or corporation. In witness whereof; the undersigned have set their hands on this I & � day of 2001. CRDAE ST OF THE BAY AREA, INC. ,/. VBy: Signature Calvin B. Walker President EDNA C. Dlex Notary Public, Stas my Commissio SEAL- June 29 By: Signature Cora Crews Secretary/Treasurer CITY OF LA PORTS Signature 1 DgerT T► Re rr er-a Printed Name Cy 1''I *u-er ZYde SEAL ATTEST: By Qaor Signature Printed Name red, 0 0 AGREEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF HARRIS This Agreement entered into on this I" day of October, 2001, by and between the City of La Porte, Texas, a Home Rule municipal corporation (hereinafter the "City") and Crime Stoppers of the Bay Area, Inc., a Texas nonprofit corporation (hereinafter the "Consultant'), evidencing the following. Witnesseth WHEREAS, Consultant and the City desire to establish and maintain a Crime Stoppers program; and WHEREAS, the Crime Stoppers program provides a means for ordinary citizens to assist in the detection and resolution of crimes; and WHEREAS, the Crime Stoppers program, will open investigative doors that might otherwise remain closed. NOW, THEREFORE, in consideration of the mutual covenants, agreements and mutual benefits, which will accrue to each of the parties to this Agreement as well as the general citizenry of the City of La Porte, Texas, the parties have agreed and do hereby, agree as follow: 1. Term This Agreement and its terms and conditions shall be in effect for a period beginning on this I" day of October, 2001, and ending on the 301e day of September, 2002, unless terminated as provided in this Agreement or renewed or extended by mutual agreement of both parties. This Agreement may be amended only by mutual written agreement of both parties. Either party may terminate this Agreement only by 30-days advance written notice by the party desiring to terminate to the other party to this Agreement. 2. Services Consultant agrees to manage, operate, administer and maintain the Crimes Stoppers program for the benefit of the City. Consultant shall be responsible for and establish all procedures relating to the operation of that Crime Stoppers program, including, but not limited to, the subsequent cash disbursements to qualifying informants. Consultants shall advise the Consultant's Crime Stoppers' coordinator and shall define the responsibilities for this position in relation to the Crime Stoppers Board of Directors. That coordinator shall not be considered an employee of the City for any purpose. 3. Payment Within twenty (20) days of the date of execution of the Agreement, the City shall pay to Consultant the amount of $1,200.00. This money is to be utilized for the purpose of assistance in providing support staff for the Consultant's Crime Stoppers program during the original term of the Agreement. In the event that this Agreement is renewed or extended for any additional period of time beyond the initial term set out in Section 1 of this Agreement, the amount of funds to be provided by the City to the Consultant shall be determined by the City Council at the time the City Council adopts the City's annual budget, The Consultant shall provide written proof to the City that liability insurance coverage for the Crime Stoppers coordinator and secretarial support staff is in place, in the minimum amount of $100,000 per occurrence. 4. Indemnity Consultant agrees to DEFEND, INDEMNIFY, SAVE and HOLD HARMLESS the City, its employees, agents, officers and assigns from any and all suits, actions, claims, damages and losses of any character whatsoever, including, without limitation, reasonable attorneys' fees and expenses, brought for or on account of any injuries or damages, real or asserted, received or sustained by any person or property, on account of any negligence of gross negligence, or any act or omission of the Consultant, its contractors, agents or employees arising directly or indirectly or in any way connected with the operation of the Crone Stoppers program. Consultant shall pay any judgement with costs, which may be obtained against the City, or any of its officers, agents or employees. 5. Ownership of Documents All reports, information and other data prepared, assembled or received by Consultant pursuant to the services provided for in this Agreement, shall remain the sole property of the Consultant. Inasmuch as allowed by State law and so as not to compromise the confidentiality of the Crime Stoppers program, Consultant shall promptly furnish the City with copies of such documents upon the Mayor's request. 6. Right of Review During the term of this Agreement, Consultant shall provide to the Mayor and the City Council of the City, an annual audited report and full documentation showing the disposition of the funds provided by the City under this Agreement, and that such funds were used only for the purpose stated in Section 3 of this Agreement. Any and all funds, which remain, unaccounted for or unspent at the end of the term of this Agreement shall, at the City's direction, be returned to the City. Consultant shall not commingle funds received pursuant to this Agreement with any other monies. Any and all documentation relating to funds received pursuant to this Agreement shall be at all times open for inspection by the City or its officers or agents shall be afforded the opportunity on premises to make photocopies of any and all documentation relating to funds received pursuant to this Agreement. 7. Addresses For the purpose of written notification as provided herein, all written notices to the City and to the Consultant shall be addressed as follows: City of La Porte Crime Stoppers Attn: Mayor Norman Malone PO Box 202 604 W Fairmont Pkwy. Seabrook, TX 7759"202 La Porte, TX 77571 0 Independent Contractor By the execution of this Agreement, the City and the Consultant do not change the independent contractor status of Consultant. No term or provision of this Agreement nor act of Consultant in the performance of the Agreement shall be construed as making the Consultant the agent, servant or employee of the City. Consultant is, and shall remain, an independent contractor with full complete and exclusive authority to advise its own coordinator and staff, and to determine the method of performance of the work covered by the Agreement. The fact that the City or the City's representative shall have the right to carry out the other prerogatives which are expressly reserved to and vested in the City or the City's representative hereunder is not intended to and shall not at any time change or effect the status of the Consultant as an independent contractor with respect to either the City or the City's representative or to the support staff mentioned in this Agreement or to any other person, firm or corporation. ,, In witness whereof the undersigned have set their hands on this U'' - day of 2001. Z:;P;14 OF TIE BAYARE INC. CITY OF LA PORTE N & Sre Signature g Calvin B. walker President EDNA C. OETTER Notary Public, State of Texas My Commission Expires •'�E;,;;E's June 29, 2003 '�IIIIIIN�, Cora Crews Secretary/Treasurer I RerT T, Re rr era Printed Name nt>e SEAL ATTEST: B ,� a- ., , Y ( Signature //fjl�G.J'f/f7 R' Printed Name V Serle_ Tide 2(6 To strengthen and promote cities as centers of opportunity, leadership, and governance. Q" National League of Cities 1301 Pennsylvania Ave., N.W. Washington, D.C.20004-1763 202-626-3000 Fax: 202-626-3043 Internet: www.nlc.org 2001 Officers President Dennis W. Archer Mayor, Detroit, Michigan First Vice President Karen J. Anderson Mayor, Minnetonka, Minnesota Second Vice President John DeStetano, Jr. Mayor, New Haven, Connecticut Immediate Past President Bob Knight Mayor, Wichita, Kansas Executive Director Donald J. Borut Recycled Paper • August 17, 2001 MEMORANDUM To: City Clerks of Direct Member Citj From: Donald J. Borut, Executive Subject: Voting and Alternate Voting 1 December 4-8, 2001, Atlanta, 0 RECEIVED AUG 2 2 2001 CITY SECRETARY'S Annual Congress of Cities, DUE: OCTOBER 5, 2001 1 The National League of Cities' Annual Business Meeting will be held on Saturday, December 8, 2001, at the Congress of Cities in Atlanta, Georgia. Under the Bylaws of the National League of Cities, each direct member city is entitled to cast from one to 20 votes, depending upon the city's population, through its designated voting delegate at the Annual Business Meeting. The table on the reverse side of this memorandum shows the breakdown of votes by population categories. This is the last year NLC will be using the 1990 population figures both for the dues your city paid this year and to determine the votes for your city. Please inform your Mayor and your city elected officials of this request for voter designation, so they can make these decisions according to your city's established procedures. To be eligible to cast a city's vote(s), each voting delegate and alternate voting delegate must be designated by the city using the attached credentials form that will be forwarded to NLC's Credentials Committee. NLC's Bylaws expressly prohibit voting by proxy. Thus, the designated voting delegate(s) must be present at the Annual Business Meeting to cast the city's vote(s). In mid November, NLC will send a special edition of the Policy Informer summarizing proposed National Municipal Policy amendments and proposed resolutions. This information should be shared with your voting delegation. To establish your city's credentials and facilitate preparation of your voting delegate(s) for the Congress of Cities, we ask that you return the completed form to NLC on or before October 5, 2001. Please follow the instructions for filling out the form. A pre -addressed return envelope is attached. Please make a copy of the form for your own files. If you have any questions, please contact Keith Kirk at (202) 626-3176. Enclosure Past Presidents: Clarence E. Anthony, Mayor, South Bay, Florida • Glenda E. Hood, Mayor, Orlando, Florida • William H. Hudnut III, Councilman, Village of Chevy Chase, Maryland • Sharpe James, Mayor, Newark, New Jersey • Brian J. O'Neill, Councilman, Philadelphia, Pennsylvania • Cathy Reynolds, Councilwoman -at -Large, Denver, Colorado • Directors: Jerry Bomberger, Commissioner, Covington, Kentucky • Kenneth Ban, Mayor, Port Worth, Texas • Robert Bartlett Mayor, Monrovia, California •Joseph Brooks, Council Member, Richmond, Virginia •Threat W. Brown, Councilman, East Point, Georgia • Charles J. Canfield, Mayor, Rochester, Minnesota • A. Everette Clark, Mayor, Marion, North Carolina • Gwyndolen Clarke -Reed, Commissioner, Deerfield Beach, Florida • Joel Cogan, Executive Director, Connecticut Conference of Municipalities • Neil Dillard, Mayor, Carbondale, Illinois •William G. Dressel, Jr., Executive Director, New Jersey State League of Municipalities • Samuel J. Ferrari, Mayor, Greenacres, Florida • Timothy M. Fulkerson, Mayor, New Castle, Pennsylvania • Ed Garza, Council Member, San Antonio, Texas • George D. Goodman, Executive Director, Michigan Municipal League • Michael A. Guido, Mayor, Dearborn, Michigan • Larry Haler, Council Member, Richland, Washington • John Heilman, Councilmember, West Hollywood, California • Joseph Hilson, Mayor Pro Tom, Hayward, California • Eddie A. Holloway, Councilmember, Hattiesburg, Mississippi • Joycelyn V. Johnson, Alderman, Winston-Salem, North Carolina • Conrad lee, Councilmember, Bellevue, Washington • Ingrid Lindemann, Councilmember, Aurora, Colorado • Margaret Mahery, Mayor, Athens, Tennessee • Sonya L Margerem, Mayor, West Lafayette, Indiana • Gary Markenson, Executive Director, Missouri Municipal League • Bev Perry, Council Member, Brea, California • Joe Pisciotte, Council Member, Wichita, Kansas • Luis Quintana, Council Member At Large, Newark, New Jersey • Kevin C. Ritchie, Executive Director, Alaska Municipal League • Carroll G. Robinson, Council Member at -Large, Houston, Texas • Perry Roquemore, Executive Director, Alabama League of Municipalities • W. Glenn Stockman, III, Councilman, Ocean City, Maryland • Frank Stud, Executive Director, Texas Municipal League • Bruce Toney, Mayor, Gloucester, Massachusetts • Yvonne Vik, Executive Director, South Dakota Municipal League • Anthony Williams, Mayor, Washington, DC • Cody Williams, Councilmember, Phoenix, Arizona • Harry Wilson, Mayor, Grandview, Missouri • Mark Worrell, Mayor Pro Tem, Monroe, Michigan 6 0 NATIONAL LEAGUE OF CITIES ANNUAL CONGRESS OF CITIES Number of Votes - Direct Member Cities Article IV, Section 2 of NLC's Bylaws specifies as follows the number of votes that each member city of the National League of Cities is entitled to cast at the Annual Congress of Cities: CITY.POPULATION (*per 1990 census); ;,',NUMBER..®F. VOTES Under 50,000 1 vote 50,000 - 99,999 2 votes 100,000 - 199,999 4 votes 200,000 - 299,999 6 votes 300,000 - 399,999 8 votes 400,000 - 499,999 10 votes 500,000 - 599,999 12 votes 600,000 - 699,999 14 votes 700,000 - 799,999 16 votes 800,000 - 899,999 18 votes 900,000 and above 20 votes Notes: Member cities are required by the Bylaws to cast unanimous votes. This is the last year NLC will be using 1990 populations both as the basis of dues your city paid for 2001 and for the city's voting entitlement. The 2000 census figures will be utilized for both purposes beginning in 2002. 2001 CONGRESS OF CITIES — ATLANTA, GEORGIA FOR OFFICE USE ONLY City Code: CL� J n� �, A�-fe Number Of Votes: Return to: Chair, Credentials Committee National League of Cities 1301 Pennsylvania Avenue, NW, Suite 550 Washington, DC 20004 The official voting delegate and alternates for the City of L& { Di-t� FOR OFFICE USE ONLY are: Advance Cred. On -site Cred. Record ID# '. u Sc,c Ner A E 0 �t� CITY '? FOR OFFICE USE ONLY Advance Cred. On -site Cred. Record ID# VOTING, DFI Fr CD(.t AJCIL ynvm P� b L� 5 STATE FOR OFFICE USE ONLY VOTING CARD ISSUED TO Signature FOR OFFICE USE ONLY Advance Cred. On -site Cred. %r Ct�LIEB�IATE VOTI 2. NG DFI Fr` I Record ID# I N ME —�/ akc cf)u � ,11ayh TITLE % 3' NAME CITY TE TITLE NOTE: Each direct member city is entitled to one otiting delegate and two alternate volts g delegates. The nu based on the city's population as determined in the 1990 Census. STATE 1 PLEASE DO NOT FILL IN SHADED AREA. THIS IS FOR NLC OFFICE USE ONLY. tuber of votes that can be cast is 2• Please 3 type or print your city name in the space provided. Please type or print the name, title, ci 4 Please si non the tine below and ate Of voting de egate and altemate(s). return to he Chom Signed by: air, Credentials Committee at the above address. Please ase use the enclosed envelope. Title: (i �r Date: ��— 0 • REQIIEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 10, 2001 Requested By: Alex Osmond Department: Administration Report: Resolution: Ordinance: X Exhibits: Memo & Survey Exhibits: Proposed Rate Increase Exhibits: Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YES NO SUMMARY & RECOMMENDATION Attached is a memorandum and survey of area golf course fees prepared by Alex Osmond. The survey shows that rates at Bay Forest Golf Course are well below market price for our area competitors. The last rate adjustment was two years ago and only changed weekend fees. The last weekday price increase was in 1998 and Senior Green Fees have not changed since Bay Forest opened. The proposed increase is $2.00 across the board and a $100.00 increase for each category of Annual Fees. No increase is proposed for cart rental. This information will be reviewed in Workshop Session on September 10th and scheduled for Council Action on September 24th. The Ordinance as drafted would take effect on October 1, 2001. Action Required by Council: Consider approval of Ordinance establishing a new rate and fee structure for Bay Forest Golf Course to be effective October 1, 2001. Approved for City Council Agenda �r L T q - � -O l Robert T. Herrera, City Manager Date ORDINANCE NO.01 - • AN ORDINANCE AMENDING CHAPTER 50, ARTICLE II, "GOLF COURSE CHARGES, APPENDIX A - FEES" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; ESTABLISHING A NEW RATE AND FEE STRUCTURE; CONTAINING A REPEALING CLAUSE; CONTAINING SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The following portions of Section 50-31 and 50-32 (Appendix A — Fees) of the Code of Ordinances, are amended as follows: "(c) Green user fees (1) Weekday Fees a. Resident 13.00 b. Non -Resident 15.00 c. Twilight 9.50 (2) Weekend fees a. Resident 21.00 b. Non -Resident 24.00 c. Twilight 12.00 (3) Senior Fees (weekdays only excluding holidays before 11:00 a.m.) a. Resident Senior Citizens 7.50 b. Non -Resident Senior Citizens 9.50 (d) User fees for annual membership holders (1) Residents 1,000.00 (2) Resident Senior Citizens 900.00 (3) Non -Residents 1,100.00" Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 3. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. Section 4. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place, and 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. Section 5. This Ordinance shall be in effect and in force on October 1, 2001. PASSED AND APPROVED this the 24t' day of September, 2001. CITY OF LA PORTE, TEXAS Norman Malone, Mayor APPROVED: Knox Askins, City Attorney ATTEST: Martha Gillett, City Secretary 0 n U Memo ft eob HOWM aW cc: Jo M.lo "0-dcyrrthiaAiexander oa�se 08)21ro1 �p C��G dp C� AUG 2 ? 20p1 CITYMANAC OFFICE As you may recall me mentioning, our green flees seem to be much lower than our competitors. I have completed a survey of our local competition. It appears we are well below the market price. I think we have room to increase our green The rates $2 across the board. Our last increase was two years ago for weekend green fees. We increased that category $3. The weekday price was last increased in 1998. Senior green fees have not been increased since we opened. Twilight rates are usually raised when vice hav@ an across the board change. That would be the case in this situation. One other thought you may take note of is the fact that we discontinued charging sales tax on green fees this year, saving our customers nearly 8%. Example: Weekday Grew Fee $13 Tax $1.01 = $14.01 Weekend Green Fee $22 Tax $1.70 = $23.70 The customer saves $1.01 weekdays and nearly $2 on weekends. As you can see, a $2 increase will not seem that significant to the consumer. Please study the survey and proposal we have attached and advise me of what action you Suggest. I GOLF COURSE Non -Res Wkdy Non -Res Wkend Res WR Rea Mend Non -Res Sr Res Sr on -Res Twt Wkd Res Twi iWdy Twl Mend Cart 1s BATTLEOR"D $2&00 $31.00 $17.00 $25.00 $18.00 $13.00 $11.00 $11.00 $17.00 $22.00 BEACON LMEs $17.00 $24.00 $16.00 CLMLME $20.00 $27.00 $11.85 $15.00 $20.00 $28.00 EAGLE POINT $25.00 $37.00 $14.00 $15.00 $20.00 $24.00 EVERGREEN POINT $23.00 $32.00 $15.00 $19.00 $24.00 $20.00 BAY FOREST $13.00 $22.00 $11.00 $19.00 $7.50 $5.50 $7.50 $7.50 $10.00 $20.00 Proposed 1 $15.001 $24.001 $13.001 $21.00 $9'501 $7.50 $9.501 $9.501 $12.001 $20.00 Annual Fees Actual Proposed Senior Resident $800 $900 Resident $900 $1,000 Non -Resident $1, 000 $1,100 0 MEETING HANDOUTS t SENT BY:URS 9- 6- 1 ; 7:43AM URS FREEPORT,TX- 281 842 1839;# 2/ 4 September 4, 2001 The Ilonorablc Mayor and City Council City of La Porte, TX City Hall 401 West Fairmont Parkway La Portc, TX 77571 Subject: Request to Address Council on September 10"', 2001 ►►n the issuance of the Special Use Permit to permit a Skateboard and Dirt Bike Amusement Park in a Residential Neighborhood. Dear Mayor and City Council: First, do no harm. The issuance of a Special Use Permit is a discretionary act on the part of Council. The members of Council must want to issue it. The issuance of a Special Use Pcnnit in this case is discriminatory, puts the City in the position of dictatLig the operating hours of a church, is possibly unconstitutional and deliberately harms a number of citizens that do not deserve to be harmed. Again, Council trust want to do this. It is discretionary. Mr. Mayor, as a citizen of La Porte, I request that 1 be pemtitted to address City Council on the Issuance of a Special Use Permit to the Fairmont Park Baptist Church. I request enough time to present the following. I will contend that denial of this special use permit is the right tiring to do for both the Citizens of La Porte, and the Fairmont Park Baptist Church. No harm is done by denial of this permit. The Church has alternative means to achieve their objectives without harming the surrounding residents. Councilman Porter pointed this out. Protection is the primary reason we have City codes and regulations. if equally applied they work. if they are not, it is a form of discrimination. If special treatment is granted to a religious body against those of differing faith or ideology, it is no different than racial discrimination. In these matters of discrimination, we look to the City Council Tor policy anti protection before asking for relief from a higher body. I urge you not to discriminate, but to do what is right. Provisions of the 13&Z ordinance were violated (see below). issuance of the Special Use Permit will set policy that this is appropriate procedure. Denial will show that the system or checks and balances work. This Special Use Permit, as designed by P&Z, will have the City become an integral part of the operation of a church. I do not believe that this was the intent, but it is the result, and as such, a violation of the First Amcndment (see below). Before voting Council should be aware of the implications of the issuance of this permit. If issued: 1. The noise, dust, and health issues are not cured with the special use permit. Denial would cure the problem. Tl. Council is agreeing to harm the adjacent property owners_ Denial would acknowledge it cares about its citizens, and that this type noise is not welcome in residential neighborhoods. IIT. Council understands and accepts that issuance of this special use permit will devalue adjacent property by a minimum of $140,000 (Rased on TIC:AD Documentation). Denial, would not. t SENT BY:URS 6- 1 ; 7:44AM URS FREEPORT,TX 281 842 1839;# 3/ 4 IV. Council is acknowledging this special use permit will cost thousands of dollars in lost revenue over time. Denial would preserve property values and City and LPISD tax revenues. V. Council will endorses a form of "takings" of property. Denial would not establish this form of takings. V1. Council acknowledges that it is creating a special class of code for only Baptists and discriminating against others. Denial would not open this issue and return the status quo of equality. Vll. Council acknowledges that it is ignoring specific City Code on "devaluation of property" in its consideration. 'Denial would not create this precedent. Vlll. Council acknowledges health issues of citizens affected are of no concert. Denial would acknowledge that Council cares about its elderly and sick citizens, and also limits the Cities potential liability in this issue. IX. Council knowingly puts itself in a position of dictating the operating hours of a church, a First Amendment issue. Denial would not. X. Council puts tite City in a position of approving a Special Use that is clearly banned by property deed restrictions. Denial would avoid legal expenses by FPBC; and FPi1A. XI. Council, if it validates the P&7, ruling, opens up a case for claims after the FPRC spends money to comply with this special use permit. Constitutional Considerations The City Council should consider the following in their decision to overturn special use permit. 1) it puts the City in the position of dictating the hours of operation of a church. A violation of the First Amendment. 2) It directs a religious organization to spend money (on landscape etc.) when it knows that it is against deed restrictions. Denial of the special use permit would not. 3) By ignoring the devaluation effect on surrounding property it is "in effect" spending government funds for religious purposes, when the denial of the special use permit would not. City Council should be aware that legal challenges to this special use permit can and should be made. This could he very costly and embarrassing to the City. Denial of this discriminatory special use permit will avoid this problem. Other Legal and Procedural Considerations The City is aware that this special use pennit violates deed restrictions of the Church property. Ignoring this fact has moral and ethical implications. Issuing the permit with the knowledge is a» affront to common sense, it has nothing to do with deed restriction enforcement, but the ignorance of the fact in their decision making. In other words it is an abrogation of responsibility for political expediency. The Fairmont Park Homes Association will not file suit for deed restriction enforcement, until FPBC ex ends money for lanek-r-nning and the reconstruction of the skateboard half i e as *ranted in the s eeial use permit and resumes operation. 'Phis is another reason for denial. If the Church expends funds, to comply with the Special tJse Permit, and a complainant is successful in enforcement, there is probable cause for recovery of damage by the FPBC fi-om the City. At a minimum there is every reason for anger and frustration towards City Council. Denial of the Special Use Permit will prevent frustration, wasted funds and a congregation that is angry at the City Council, the F-PHA and their here -to -fore peaceful neighbors. SENT BY:URS 9- 6- 1 ; 7:44AM URS FREEPORT, TX- 281 842 1839;# 4/ 4 i • P&Z Commission and City Staff Procedure Violations/Issues 'fhe City Council should also be aware that in the course of public hearing on this issue there were procedural violations, problems and issues. They are: ➢ Issuance of a special use permit that involves "property devaluation" is expressly prohibited by the La Porte City Code. ➢ Evidence with direct hearing on the case was not permitted to be heard. ?► Surveys were sent to false addresses. Preferential treatment was given to the proponents of the amusement park in the use of government equipment and time before the P&Z Commission. ➢ There was the potential of ex-parte communications between City Council and members of the P&Z in this matter that was not open to the public and after the public hearing. ➢ Two members of the Commission who attended the public hearing WERE NOT at the voting session. Y Two members of the Commission who DID NOT attend the public hearing, and therefore uninformed, voted on the issue. ➢ bully 44 % of the members of the commission did not participate at one time or another during this very important decision. I was on City Council when the 3/46i rule was written into code concerning the overturning of a P&Z Commission finding. This was done for the best of reasons. For the best of rca`ons I urge the Council to deny this special use permit and preserve the integrity of the government to protect its citizens from harm. This Special Use Permit harms both sides. Please, just say NO and return our neighborhood to its residential status quo of peace and harmony. It is clearly not the City's business to save souls. Sincerely, Edward M. Matuszak Director, Fairmont Park Homes Association Citizen 10443 Catlett Lanc LaPorte, TX 77571 5000 Activities at the Facility & Child/Staff Ratios 5100 Discipline and Guidance A. Discipline and guidance of children must be consistent and based on an understanding of individual needs and development. L •Positive methods which encourage self-esteem, self-control, and self -direction must, be used C. There must be no harsh, cruel, or unusual treatment. 1. Corporal punishment (see Glossary) or threats of corporal punishment are prohibited. 2. Children must not be shaken, bitten, hit, or have anything put in or on their mouth as punishment. 3. Children must not be humiliated, yelled at, or rejected. 4. Children must not be subjected to abusive or profane language. 5. Punishment must not be associated with food, naps, or toilet -training. 6. Bed wetters must not be shamed or punished. 7. Staff may use brief, supervised separation from the group if necessary, but staff must not place children in a locked room or in a dark room with the door closed. 5200 Activities _ ... ...._._... _.......... ...................... L Activities appropriate to each child's developmental needs must be provided. B. A supervised rest period, after the noon meal and lasting not longer than three hours, must be provided. 1. The rest area must be lighted in such a way as to allow visual supervision at all times. 2. After two hours, children who are awake must be allowed to get up and partici- pate in quiet activities. C. All children must have time outdoors each day that weather permits. D. Indoor and outdoor. time periods must include: 5-1 RE/MAX CLEAR LAKE AREA 488-1212 03/06%01 DEBI MCCLELLAN --- Harris County ---------------------------------------- Geac Interealty ---- Cntv Acct : 115-176-001-0022-001 Prcl ID Num: 20009262210044000000017 Prop Addr : 3843/ /REDBUD /DR / Un/Bldg: Prop City : LA PORTE Prop Zip 77571-4319 Land Use : RESSINGLEFAMLY State Class : SINGLE FAMILY Schl Dist : LA PORTE ISD Type/Indctr : RES/RESIDENTIAL Subdv Code: 115176000 Reqion: 50 Nbrhood Code: 2110 Key Map: 579C Subdv Name: FAIRMONT PARK EAST SEC 1 Last Interealty Update: 02/13/01 Leqal Desc: LT 22 BLK 1 FAIRMONT PARK EAST SEC 1 Lot: 22 Block: 1 ---------------------------- Owner Name & Address ----------------------------- Grantee Name In Care Of Grantee Addr 3843/ / /REDBUD /DR / ORTE TX 77571-4319 C013 TaxPayer Name : Previous Owner: -------------------------- Deed & Sales Information --------------------------- Sale Price :$ Deed Type: WV File Number: M104599 Closinq Date: 03/01/89 Deed Date: 03/31/89 File Date : 04/03/89 Sale Type Source : HCAD1 Mtq/Consid : 52860 ---------------------------- Property Description Struct Code: Bldq Style TRADITIONAL Acres .1707 Year Built 1983 Bldq Size 1861 Land Size 7437 Stories 1.0 Remodeled Dimensions: X Total#Rooms: 6 Attic Type NONE Bedrooms 3 Heat/Cool CENT HEAT/AC Topography: LEVEL Full Bath 2 Extr Wall MASONITE Utilities : ALL PUBLIC Half Bath Foundation SLAB Utilities : UNDERGROUND Fireplace Y Impry Indic: DWELLING Utilities : ------------------------------- Extra Features -------------------------------- 1: MASONRYGARAGE 2: PORCH 3: 4: 5: 6: 7: Pool: ---------------------- Assessed Values & Tax Information ---------------------- Tax Year 2000 Value Est. Tax Code -Jurisdiction Tax Rate Land $ 12500 $ 1453.96 020 -LA PORTE ISD 1.630000 Tmprvmt $ 76700 $ 633.32 071 -CITY OF LA PORTE .710000 Taxable $ 89200 $ 578.03 040-HARRIS CO .648020 CAD Mkt $ 89200 $ 112.39 047 -SAN JAC JR CLG .126000 Prev Yr $ 81200 $ - Prelim $ $ - Exemptions: HOMESTEAD Est. Taxes for 2000 $ 2777.70 Est. Taxes for 1999 $ 2531.83 Juris Juris Bonds Bonds Standby Fee Standby Fee Code Tax Rate Authorized Issued per Lot per Acre ------------------------------------------------------ - PROPERTY MAY BE SUBJECT TO TAXING BY OTHER JURISDICTIONS, PLEASE SEE COUNTY - ----- INFORMATION PROVIDED BY LANDATA ---- AND IS DEEMED RELIABLE BUT NOT GUARANTEED ----- HOUS•N ASSOCIATION OF REALTORS • COMPARATIVE MARKET ANALYSIS Prepared bv: DEBI MCCLELLAN 05/31/01 05/31/01 01:11 PM Page 1 10923 10827 .3843 REDBUD 3875 PECAN MESQUITE W DOGWOOD ---------------------------------------------------------------------------- MLS # Status Sale Price $ SP $/SQFT List Price $ LP $/SQFT SP/LP Ratio List Date Close Date DOM Terms Key Map Subdivision House SQFT Year Built # Bedrooms # Full Baths # Half Baths Elevation Exterior # Stories New/Recent Con Roof Foundation Lot Dim Lot Size # Garage Spaces Garage Desc Livinq Rm Dininq Rm Den Kitchen Breakfast Bedrm 1 Bedrm 2 Bedrm 3 Bedrm 4 Game Rm Lot Desc # Fireplaces Fireplace Heat Cool # Ceilinq Fans Utility Room Master Bath Master Bath Interior Misc Interior Misc Interior Misc Exterior Misc Private Pool Defects Seller: Points Seller:: Close Seller: Repair: 1861 1983 BRCK/VN 1.0 7437 5259141 5524121 537904 SI SI S 1060001 1030001 100000 54.241 55.341 55.99 1100001 1050001 101000 56.291 56.421 56.55 0.961 0.981 0.99 10/19/001 02/02/011 12/07/00 03/23/011 03/22/011 02/16/01 1141 461 71 FHAI FHAI CONV 579CI 579C1 579C FAIRMONT PARK ►FAIRMONT PARK IFAIRMONT PARK * 19541 * 18611 * 1786 *19831 *19841 *1989 41 31 4 21 21 2 1 1 TRADITNI *BRCK/VNI *1.01 I COMPSTNI SLABI 69601 21 ATTACHEDI 1OX101 21X171 16X121 I 17X121 13X101 12X111 1OX101 SUBDLOTI 11 CNTGASI CNTELECI I HOUSEI DBLSINKI TUBSHWRI BREAKBARI CARPETI H-CEILNGI FULLFENCI NI NO-KNWNI .0001 84001 40I TRADITNI TRADITN BRCK-WDI *BRCK/VN *1.01 *1.0 I COMPSTNI COMPSTN SLABI SLAB 1 66001 7200 21 2 1 ATTACHED I 14X16 I 1OX10 I 16X19 1 12X15 I 12X12 1 10X11 I 10X11 I SUBDLOTI 11 1 GASI GASLOG CNTGASI CNTGAS CNTELECI I CNTELEC HOUSEI GARAGE DBLSINKI TUBSHWRI BRICKI ISLNDKIT CARPETI H-CEILNG SMOKEI WNDCOVER FULLFENCI NI N NO-KNWNI NO-KNWN .0001 3.000 01 0 01 0 05/31/01 01:11 PM • • Page 2 *** S *** ML# Address Sqft Dom List $ $/SgFt Sale $ $/SgFt 525914*3875 PECAN * 1954 114 $ 110000 56.29 $ 106000 54.24 552412*10923 *MESQUITE * 1861 46 $ 105000 56.42 $ 103000 55.34 537904*10827 *DOGWOOD * 1786 71 $ 101000 56.55 $ 100000 55.99 ** Totals From All Statuses: (3 found) ** List Price Sale Price DOM $/BLDG SF SP/LP Hi: 110000 106000 114 55.99 0.99 Low: 101000 100000 46 54.24 0.96 Med: 105000 103000 71 55.34 0.98 Avg: 105333 103000 77 55.19 0.97 NOTE: $/BLDG SF INCLUDES LISTINGS WHICH HAVE SQFT VALUES ENTERED. BASED UPON THE AVERAGE $/SQFT, THE ADJUSTED SUBJECT PROPERTY PRICE FOR 1861 SQFT WOULD BE $102708.59 RE/MAX CLEAR LAKE AREA 488-1212 09/10• DEBI MCCLELLAN Houston Assoc of Realtors SINGLE 09/10/01 11:41 AM ML# 592309 County HARRIS Tax ID# 115-176-001-0022-001 Status S Also for Lease N Area 7 SubArea 52 KM 579C Lot Value N LP $ 105000 Addr*3843 / /*REDBUD Addr On Web N Zip 77571- Sub FAIRMONT PARK EAST Legal*LT'22 BLK 1 FAIRMONT PARK Sec# 1 MktArea LA PORTE SgFt* 1861/*APPDIST YrBlt *1983/*APPDIST. SchDist 35 Elem LPISD Middle LPISD Hiqh LPISD ----------------------------- OFFICE INFORMATION ------------------------------ LA DEBI /DEBI MCCLELLAN Pqr# 713/949-8840 PM# 281/471-9111 RMXNOI/RE/MAX CLEAR LAKE AREA Off# 281/488-1212- Appt# 713/977-SHOW Addr 1150 CLEAR LAKE CITY BLVD Fax# 281/488-2264 Email DebiRemax@aol.com www. ------------------------ DESCRIPTION AND ROOM DIMENSIONS ---------------------- Stvle TRADITN/ #Stories*1.0 New/Recent N/ #Bedrooms 3/ Type / ApproxComplete #FB/HB 2/ LotSize 7437/ APPDIST LotDim Acres Garaqe 2/ Livinq 12X10 Dininq 1OX9 1stBd 20X12 4thBd Carport / Den 22X15 Kitchn 16X9 2ndBd llX10 5thBd GameRm Brkfst 1OX9 3rdBd 11X10 Gar/Car / Study/Library ExtraRoom Access FrntDoorFaces E Rem TAKE A CONTRACT WITH YOU TO THIS ONE,'CAUSE YOU'LL WANT TO WRITE IT AT THE HOUSE.REALTORS DREAM LISTING.EVERYTHING ABOUT THIS PROPERTY SAYS WELCOME HOME SELLER WILLING TO LEASE BACK Show APPTREQD/KBFRNTDR/ / Dir FAIRMONT PKWY TO DRIFTWOOD. LEFT ON PECAN. TAKE LEFT ON THE 3RD STREET (2ND REDBUD) HOUSE ON RT. THANKS FOR SHOWING. PubRem FROM THE WONDERFUL LAWN TO THE LANDSCAPED BACK YARD,EVERYTHING ABOUT IT SAYS "WELCOME HOME". BERBER CARPET,TILED ENTRY AND HALLS, FORMALS, OPEN PLAN WITH RECENT ROOF & A/C. LARGE MSTR BATH, SITTING AREA IN MSTR.BEDROOM.DON'T HESITATE TO MAKE YOUR OFFER OR THIS ONE WILL BE GONE.LEASE BACK POSSIBLE. -------------INTERIOR,EXTERIOR,UTILITIES AND ADDITIONAL INFORMATION------------ MicrowaveY Dishwshr Y Cmpctr N Dispsl Y SepIceMkr Oven GAS / Range GAS / Fireplace 1/WOOD /GAS UtilRm HOUSE Connect GASDRYR/ELECDRY/WASHER Energy / Rooms BREAKFT/FORMDIN/FORMLIV/DEN Bedrooms / MasterBath TUBSHWR/ Inter TILE /CARPET Exterior Constr*BRCK/VN/ Extr Roof COMPSTN/ Foundation SLAB / PrivatePool N AreaPool Y Lot Desc / / Street Surface Heat CNTGAS / Cool CNTELEC/ Wtr/Swr PUBWATR/PUBSEWR Utility District N Restrictions DEED / Image 1/T Defects NO-KNWN/ Disclosures SELLER /EXCLUSN/ / / List Type ER Exclusions MIRROR,GRILL,CURTAINS,MORE Manaqement List Date 06/02/01 Compensatn: SubAgt 3 BuverAgt 3 Bonus Var/Dual Rate N ---------------------------- FINANCIAL INFORMATION ---------------------------- lst Assumable N FinAvl CASH /CONV 1st Lien $ Exist Fin 1st OTH/MIL/ Date of Bal IR % 2nd Lien $ Exist Fin 2nd / 1st Holder Total MP $ MonthPmt Incl / Yrs Remaining 1st Assump Equity $ Annual Maint Y/$ 150 Taxes W/O Exemptions/Yr $* 2777/* 0 Exemptions *HOMSTD --------------------------- PENDING INFORMATION ------------------------------ PD 06/11/01 ED 07/15/01 SA Public ID DENAW Sell Broker RMXN01 DOM 9 ------------------------------- SOLD INFORMATION ----------------------------- Sale Price $ 105000 Terms FHA / TotlDiscount Pts .000% CloseDate 06/29/01 New Loan $ 102515 IntrstRate 7.000% Amortized Years 30 DaystoClose 18 CoOp Y BuverCostPaidBvSeller:Points .000% ClosingCost $ 2630 Repair/ActualPaid $ 0 DATA NOT VERIFIED/GUARANTEED BY MLS - Obtain signed HAR Broker Notice To Buver form. Asterisk flags tax data from third party and County Appraisal Districts. RE/MAX CLEAR LAKE AREA • 488-1212 09/10/01 DEBI MCCLELLAN --- Harris County ------------------- Cntv Acct : 115-176-001-0022-001 Prop Addr : 3843/ /REDBUD Prop City : LA PORTE Land Use : RESSINGLEFAMLY Schl Dist : LA PORTE ISD Subdv Code: 115176000 Reqion: 50 Subdv Name: FAIRMONT PARK EAST SEC 1 Leqal Desc: LT 22 BLK 1 FAIRMONT PARK --------------------- Geac Interealtv ---- Prcl ID Num: 20009262210044000000017 /DR / Un/Bldg: Prop Zip 77571-4319 State Class : SINGLE FAMILY Type/Indctr : RES/RESIDENTIAL Nbrhood Code: 2110 Kev Map: 579C Last Interealty Update: 08/31/01 EAST SEC 1 Lot: 22 Block: 1 ---------------------------- r Name & Address ----------------------------- Grantee Name In Care Of Grantee Addr 3843/ / /REDBUD /DR / LA PORTE TX 77571-4319 C013 TaxPaver Name : Previous Owner: NOW -------------------------- Deed & Sales Information --------------------------- Sale Price :$ 105000 Deed Tvpe: WV File Number: V152128 Closinq Date: 06/29/01 Deed Date: 06/28/01 File Date : 07/03/01 Sale Type Source : MLS Mtq/Consid : 102515 ---------------------------- Property Description ----------------------------- Struct Code: Bldq Style TRADITIONAL Acres .1707 Year Built 1983 Bldq Size 1861 Land Size 7437 Stories 1.0 Remodeled Dimensions: X Total#Rooms: 6 Attic Type NONE Bedrooms 3 Heat/Cool : CENT HEAT/AC Topography: LEVEL Full Bath 2 Extr Wall MASONITE Utilities : ALL PUBLIC Half Bath Foundation SLAB Utilities : UNDERGROUND Fireplace Y Impry Indic: DWELLING Utilities : ------------------------------- Extra Features-------------------------------- 1: MASONRYGARAGE 2: PORCH 3: 5: 6: 7: ---------------------- Assessed Values & Tax Information Tax Year 2000 Value Est. Tax Code -Jurisdiction Land $ 12500 $ 1453.96 020 -LA PORTE ISD Imprvmt $ 76700 $ 633.32 071 -CITY OF LA PORTE Taxable $ 89200 $ 578.03 040-HARRIS CO CAD Mkt $ 89200 $ 112.39 047 -SAN JAC JR CLG Prev Yr $ 81200 $ Prelim $ $ Exemptions: HOMESTEAD Est. Taxes for 2000 $ 2777.70 Juris Juris Bonds Code Tax Rate Authorized 4: Pool: Tax Rate 1.630000 .710000 .648020 .126000 Est. Taxes for 1999 $ 2531.83 Bonds Standby Fee Standby Fee Issued per Lot per Acre - PROPERTY MAY BE SUBJECT TO TAXING BY OTHER JURISDICTIONS, PLEASE SEE COUNTY - ----- INFORMATION PROVIDED BY LANDATA ----- ----- AND IS DEEMED RELIABLE BUT NOT GUARANTEED ----- RE/'MAX CLEAR LAKE AREA 488-1212 09/10/01 DEBI MCCLELLAN --t- Harris County ---------------------------------------- Geac Interealty ---- Cnty Acct : 069-099-004-0007-001 Prcl ID Num: 20009215150016000000015 Prop Addr : 413/S /IOWA /ST / Un/Bldg: Prop City : LA PORTE Prop Zip 77571-5416 Land Use : RESSINGLEFAMLY State Class : SINGLE FAMILY Schl Dist : LA PORTE ISD Type/Indctr_: RES/RESIDENTIAL Subdv Code: 069099000 Region: 50 Nbrhood Code: 2138 Key Map: 580C Subdv Name: SAN JACINTO HOMES Last Interealty Update: 02/13/01 Legal Desc: LTS 8 & 9 & S 2 FT OF LT 7 & N 6.5 FT OFLT 10 BLK 226 SAN : JACINTO HOMES Lot: 7 Block: 226 ---------------------------- Owner Name & Address ----------------------------- Grantee Name In Care Of Grantee Addr 413/ /S /IOWA /ST / LA PORTE TX 77571-5416 C002 TaxPayer Name MCCLELLAN CHARLES E Previous Owner: -------------------------- Deed & Sales Information --------------------------- Sale Price :$ Deed Type: File Number: Closing Date: 01/01/86 Deed Date: File Date . Sale Type Source : HCAD1 Mtg/Consid : ---------------------------- Property Description ----------------------------- Struct Code: Bldg Style TRADITIONAL Acres .1664 Year Built 1955 Bldg Size 784 Land Size 7250 Stories 1.0 Remodeled Dimensions: X Total#Rooms: 5 Attic Type NONE Bedrooms 3 Heat/Cool NONE Topography: LEVEL Full Bath 1 Extr Wall STONE Utilities : ALL PUBLIC Half Bath Foundation : CRAWL SPACE Utilities : Fireplace N Impry Indic: DWELLING Utilities : ------------------------------- Extra Features -------------------------------- 1: FRAME GARAGE 2: PATIO 3: CANOPY 4: 5: 6: 7: Pool: ---------------------- Assessed Values & Tax Information ---------------------- Tax Year 2000 Value Est. Tax Code -Jurisdiction Tax Rate Land $ 7900 $ 511.82 020 -LA PORTE ISD 1.630000 Imprvmt $ 23500 $ 222.94 071 -CITY OF LA PORTE .710000 Taxable $ 31400 $ 203.48 040-HARRIS CO .648020 CAD Mkt $ 35900 $ 39.56 047 -SAN JAC JR CLG .126000 Prev Yr $ 28600 $ - Prelim $ $ - Exemptions: HOMESTEAD Est. Taxes for 2000 $ 977.80 Est. Taxes for 1999 $ 891.75 Juris Juris Bonds Bonds Standby Fee Standby Fee Code Tax Rate Authorized Issued per Lot per Acre ------------------------------------------------------ - PROPERTY MAY BE SUBJECT TO TAXING BY OTHER JURISDICTIONS, PLEASE SEE COUNTY - -----INFORMATION PROVIDED BY LANDATA ----- ----- AND IS DEEMED RELIABLE BUT NOT GUARANTEED ----- I r n Section WATED SITE VALUE .............. . " 1TI1ATED REPRODUCTION COST -NEW -OF IMPROVEMENTS: )!yelling 799.19 Sq. Ft. Q 56.00 = $ _ 44,755 Sq. Ft. @ - Garage/Carport 220 Sq. Ft. Q 20.00 = 4,400 'Total Estimated Cost New .... . ........ - $ 49,155 Physical Functional External Less Depreciation 18,187.351 _ $ Depreciated Value of Improvements ........... . .... _ $ i."As-is" Value of Site Improvements .... . ............ $ INDICATED VALUE BY COST APPROACH .......... _ ITEM SUBJECT COMPARABLE NC Address 413 South Iowa Street 709 South Nugent Street Data and/or VALUE ADJUSTMEt Sales or Financing :., mmaL, vi �onsQuwon y Age y Condition .J Above Grade CC Room Count zGross Living Area D Basement & Finished Rooms Below Grade Functional Utility Heating/Cooling 7— J Energy Efficient Item Garage/Carport Porch, Patio, Deck, Fire laces) etc '. Fen(-p Pnnr o+ WA $ WA Inspection Tax/ MLS MLS #572911 Tax / MLS #556123 )ESCRIPTION DESCRIPTION + CONV 112 SF 6 2 erorH Intl 7ad/Av 1 T /Avg BV Years 46 -me--Ave otal lBdrmsl Baths Tot 51 21 1 799Sq. Ft _ WA SF 31 1 974 Sq. Ft. Porch, Patio _ File No. 1051-01 Comments on Co roach (such as, source of cost estimate, site value, square foot calculation and for HUD, VA and FmHA, ro the estimated remaining economic life of the property): stimated Economic Life - 45-50: Estimated remaining Physical life - 50+. luost'actors were derived from the Marshall & Swift Cost Manual Npithar of 18,187 30,968 5,000 48,000 1L COMPARABLE NO. 2 COMPARABLE NO. 3 716 South Nugent Street 220 South Lobit Street 6 Blocks E / 580-D 6 Blocks NE / 540-Y 61697 ' $ 58,500 , $ 64 000 La _: $ 63.24 $ 57.66 Tax / MLS Tax / MLS Tax / MLS #527910 Tax / MLS #508780 istment DESCRIPTION + _ $Arustment DESCRIPTION + - 3Adustment FHA - 97% - MIP CONV - 97% 0-S,0-B. 8% n_a n n ow Fee Simple Fee 7,000 SF Interior Inter 1 Trad/Ayg I I 1 Tr 46 Years 55 Years Avera e/Updates -2,500 Aver nBdrms tes -2,500 Total Bdrms Baths 2,500 Total Baths 2,500 6 3 1 5 1 925Sq. Ft. 2894 1,110Sq• Ft• 7,149 WA -- WA - -1,000 Porch, Patio 1,000 Porch, Patio V -1,000 None, Alarm -1000 None -1500 Fence 1.000 F. i vuv Net Adi. (total + X - Adjusted Sales Price $ -14,021 + X — $ _11894 + X _ -22.73 % Net $-14,149 i of comparable -20.33 % Net -22.11 %Net 29.21 % Grs ° { Comments on Sales Comparison (including the subject ro 47 676 27.17 /o Grs 46 606 22.11 %Grs 49 851 subject do e)ost within the subject's neighborhood, however, none are reported to have sold within the past bility to the neighborhood, 12 monetc.): Homes of gross living area similes to the SEE ADDITIONAL SALE AND COMMENTS ITEM SUBJECT COMPARABLE NO. 1 Date, Price, and Data WA COMPARABLE NO. 2 COMPARABLE NO. 3 N/A WA Source, for prior sales N/A within ear of a raisal Analysis of any current agreement of sale, option, or listing of the subject property and analysis of any prior sales of subject and comparables within one year of the date of appraisal: There was no evidence of the subject being listed or prior sales of the subject or comparables in the past year INDICATED VALUE BY SALES COMPARISON APPROACH .... --- __ INDICATED VALUE BY INCOME APPROACH If licable Estimated Market Rent $ WA ` This appraisal is made X "as is" /Mo. x Gross Rent Multi lier WA - WA subject to repairs, alterations, inspections or conditions listed below Conditions of Appraisal: The subject is subject to completion per plans and specifications. appraised in an "as is" condition. This appraisal is made subject to the attached assumptions and limiting conditions. =inal Reconciliation: In the final reconciliation of value, the most em hasis was placed on the Sales Comparison_ Analysis. This approach is considered to best reflect the actions of buyers and sellers in the subject's market and is determined to be the most reliable indicator of value. The Income Approach is considered to be inapplicable for the )u ose of this report 'he purpose of this appraisal is to estimate the market value of the real property that is the subject of this report, based on the above conditions and the certification contingent and limiting conditions, and market value definition that are stated in the attached Freddie Mac Form 439/Fannie Mae Form 1004E (Revise 06/93 (WE) ESTIMATE THE MARKET VALUE, AS DEFINED, OF THE REAL PROPERTY THAT IS THE SUBJECT OF THIS REPORT, AS 0 August 31�2001 WHICH IS THE DAT OF 1 SPECTION AND THE EFFECTIVE DATE OF THIS REPORT) TO BE $ ) APPRAISER: / 47,000 i nature SUPERVISORY APPRAISER (ONLY IF REQUIRED game David Hole MSA Signature Name Did Did Not ate Report Signed September 4L2001 _ —_ Inspect Property fate Certification # 1321894-R - Date Report Signed fit_ ale State Texas State Certification # ----- rune rU ti y3 - itatp Or, C+ + State Day On'e Forms orin— 9 L.. _ _ oa_i_ • 0 MEETING HANDOUTS To: From: llko- Datel-fo -0# of Pages: Lo *FAA I P FAX Deer Park High School South 710 West San Augustine Deer Park, TX 77536 PHONE: (281) 930.4868 2-13 -dl(,;21tp). 57 V- 40�*V,+ /op)t TO'd 6S:9 ZOOZ OZ &S 068VOi6W:xPd HinOS SHdQ 1 TO. La Porte City Council FROM: penny Garcia, 3110 Oaken Lane, Fairmont Park Section IV Representing Oaken Lane homeowners (Garcia, Pizzitolk Klein, haT's,bnra,Hale) DATE: September 10, 2001 SUBJECT: "UP j /�siolati d Platmnioog s=411�/ %e Points of Contenetio�: 1. Voting far this permit is voting HAM (which has already been established by P&Z) to the Oaken Lane homeowners. The Garaias have already lost property value, and the others will follow next year. The p=tolas, Kleine, Davises, Ms. Ogbum Hulas, and Garcias have lost quality of life, safety, and a healthy living environment. Yen ka" a 1Md reeuMA to vote this.t� 2. 1000% of Oaken Larne homeowners are opposed to the church's outside skateboarding ramps and bicycle race park in our backyards. 3. The petition with 26 signatures, representing 15 horses in Section IV has been ignored. Only the 13 mailed respornaes were acknowledged. The seven (7) who favor the permit do NOT live on Oaken Lane, therefore are NOT directly affected by the church's disruptive activities. 4. We were told to keep .it simple for yott, which is unrealistic since this is NOT a simple case and is a serious one, which P&Z did NOT take seriously from the homeowners' perspective. 5. No dialog has occurred between us, homeowners and city officials; therefore, we are NOT discussing this issue and its impact on the a4lacent property owners. No one has stood in our homes during the time the ramps were used. Hearing the thumps while standing by the ramps is NOT the same as tryitug to ftmction in a home while the disturbances are occurring. 6. The 5-mhL rule abould be changed. Discussion between parties is necessary and has NOT occurred at any meeting T have spoken. 1. The G rcias' HCAD property loss was NOT taken seriously at the August 13 P&Z meeting. One of the commission= told Penny Garcia that she thought it was a realtor's appraisal that I could get from anyone. S. The church has repeatedly professed "neighbor friendly," however, time has been only one initiation from the church; with the homeowners, taken only at the end of May, five months after the issue was brought to their attention and we bad spoked to City Council. That one initiation did NOT involve any effort from the church to resolve the issue. Only guilt and shame tactics were used. 9- La Porte should have a noise ordik=ce to protect homeowners and to prevent such disturbing activities in their neighborhoods. A. if Special Conditional Use Permit, allowing the skateboard ramps and bicycle race park, is granted to Fairmont Park Baptist Church, a protest and possible lawsuit will be filed because SEVEN VIOLA'li IONS have occurred: Section 106--217 of coning ordinance.• "Tiurt the specific use [of perWtJ w411 be compatible with and not injurious to the use atrAi� Leyment of other property, »or sig�iftcantly dimintsh or imnalr pro valuer in the immediate vki 2 Viobttio9as: 1. Ramp noise/amusement park activities adjacent to our backyards are injurious to the enjoyment of our Oaken Lane homes. Three Oaken Lane property owners are under radiation andtor chemotherapy for serious Almesses. In addition, Penny Garcia has provided documentation from her medical specialist regarding her chronic trtugat sinusitis tondition and ongoing treatments The church's activities will farther aggravate/complicate has condition. 2. IiCAD reduced Penny Garcia's market property value $23,500 one August 6, 200L The appraised value was reduced 59,V& Seer`ttached documentation. B. Section 106•217 of the zoning ordinance: " Th a the applicant [rPBC] has greed to meet aW additional conditions imposed ... , and neeessary to protect the pu lie fnlerest and welfam g f* community, " =1 violation: 1. The bicycle race park wig adversely affect Penny Garcia's health. See Dr. I ZO 'd 6S: 9 TOOZ OZ daS b68b0£6T8Z: xt?d Hines SH& Bressler' letter. Furtb�ermore, the 3 Oaken 1Aae residents under chemo and/or radiation nts are NOT allowed the comfort a�ad relaxation in their own homes baeauae of the ehnrch's noisy aetivifld scljace�o�t to thetr fences. ter 9 of Comprehensive Plan: "The our cmnearamce and prviro»mental anal ity of C. Chap should he protected w maWain the value ofProperties and enhance the 1' " — Z �tion�= 1. Negative aesthetics from "jmn stwked inside their cyclone fence, including "andotly Mwff- naloaded directly behind and against the Garcia wooden fence. 2. Bicyders on dirt will stir op the dust, mold, spores, and weeds that adversely affect penny Garda's allargies and predispssit3on to fmgal and bacterial slaus infecti0w, therefore, the "quality of (her) IW bas been directly affected. D. Section 106-334 of the Code of Urdlnances: `Zandecape buffers --&¢hers are necessaryto m= tho yaw gL1Lw hows—redice adverse effects of by&, lighting Miss dust and odor, and to pro-fect the homeowner's prNaq by requiring spacing and screening between uses of &ffseram rypaa or 1"remieiay. = 3 viotatioua: 1. The valve of our homes bag la been preserved. See HCAD documentation for Penny Garcia's property value redaction of S23,Q& 2. The resod landscaping will � reduce the noise or the dust, The landscaping is only a superficial Band-Aid for the serious harm caused by the church's recreational activities in a residential zone. U. is Porte Planning a Zoning omosions August 13, 2001: A. P&Z did NOT do their job & their legal duty, they only responded from religious and political positions. The Commiwioncrs passed this `%ot potato" to you. B. P&Z addressed only one ooncer*►_ the landscaping. from homeowners' many concerns. Landscaping is only a visual pollution control that will not mitigate noise or dust C. mrs recommendation for the church to receive the permit is `Malice forethought°° because the Commissioners are aware of the health issued and the Garcias' simnificant, D. P&Z Commissioners did NOT fulfill then d 1 MM—Ne: to protect the La Porte residents and homeowners NOR did they respect our rights as homeowners. E. P&Z ' tired the tures in Section iV, representing 15 homes, who oppose ' and are affected by the church's ramps & bicycle race pa. In. Solutions: A, 'Me church buys the Garcia property at the original market value $108,500 and pays for their moving expenses. B. The church buys property away from homeowners for their skateboarding ramps and bicycle race C. park. church accepts the pastor's offer from New Life Christian Church and moves the skateboarding ramps to that property on Undo -wood. D. The City of La Porte adds skateboarding ramps and a bicycle race park to their Parks & Retxeatiom activities on city property that wiU= disturb or adversely affect homeowners. E. Require the church to build a 12-ft. high cement privacy wall (similar to the ones constructed along Houston s major freeways/locps adjacent to homes) where the Oaken Lane homeowners' fences are located more allowing the church to continue asing the skateboard ramps and bicycle tux park F. Council passes a noise ordinance to protect homeowners and to prevent such disturbing activities in their neighborhoods. G. Support the homeowners' rights, privacy, and investments by NOT brining a permit to the church for the outside skateboarding ramps and bicycle rave park Why should Fairmont park Room Association and/or homeowners be placed in a position to obtain legal a nedaupport' Planaing & Zoning, City Coaocft, and the City Attorney are sapposod to probed the homeowners, our investments, and our privacy. You have a leal -- - - ore homeawaers ask you to vote resooadbkv- �O'd 6S:9 TOOZ OZ daS b68bO26Z8Z:xPJ Hines SHdQ �`.. ..e�*w N. � �:..r.+.rawr��i �r��`:Y •i �ie..r-r:- ' Y. � ..-,...-.:. ��. _.- �-.... .... .. ?. Real Property Informal Hearing Summary (f: (`r/Q�QC�'ll� HCAD NO: 11. -76:L ova 000 �r/U/i/ 5 GE: Ni is K % PID: �0 - D L)14 . � - 13, 0 - 0 k-) 0 AGE: HMISTD: %: VET 1 %: VET2 %: I-?. 5 6L SALES PRICE/DATE: OWNER'S OPINION OF VALUE: ERED VALUE• i,�mWr PARK SEA. REND • VALUE FOR 3U6 ERROR: :ING DATE: LING TIME ? VALVE y�� YTAR: �'Exoessive Appraisal ] Other (Describe) �r's Comments: CAP MAXIMUM VALUE: ❑Unequal Appraisal ❑ Denial of Exemption aiser's CommentS: 570 A FE jL l Resolved by Agreement (complete this form) ❑ Not Resolved - Referred to Formal p Owner did not appear =leld Check Rvwr ID# �.. Market Value Land improvements Total Market Value Letter Type Appraised Value (Homestead Cap) o I Land 20c3 improvements Final Appraised Value Decision Code Ste. 00 00 C7 Note: Martcet value will be different from appraised value where (t) market value exceeds the limitation on increases in the value of residence homesteads set forth in Sec. 23.23, Tax Code; or (2) the appraised value results from an unequal appraisal protest. AG/TMB/SPC: I I AG/ Timber type: z the property above or the owner has authorized m• to represerd the property. I aftur Pen�Y of law per the hrfoltaawn and doonrmrts I have pM$Wftd to represe "hms o! the Flames "may Appralsal DiIb'd are nd coned nd I understa"all documents I have submatad shall become part of a govemmeM reo0rd. I ato the action recommended above- 1 understand that the agreed 30M and ValueAd fobe tWill arts and not subject to fumter protest or appeal shooed the chkf appraiser approlual1Y I u 1 will have an Opportunity to pur0ue my protest modon before the Appraisal iteview board N the chief ,alxr does not approve the agreenellK gnatur-di of Owner npranatatun ID # I Supervisor I I I understand that this value will be tonwafded to Mte Courtly Appraisal Watrictla) and agfee *At ** Value won be fnw for a►e nanned Dialhegs) for the Properly WwMfied on this form. ACtofdfigly, I waive airy right to appeal in the named Distriotrsl. Agent # Rvwr ID # Date // �� 1 Chief Appraiser By: b0 'd 00 : Z TOOZ OT daS b68b026T8Z:xpd HinOS SHdQ r o0106/2001 ACT315 Appeals 6 Correction Tracking 9yst�n M 03s39 ACT215 Real Property Hearing Update Tax Year: 2001 Next Screen: ACAD.. Center: 10 Agent: 0 C1ass:A1 Account: 1127620000005^ --- OMner:ifAMRICK pBNNY GARCIA Bearing TnM (I/F) I Actual Date Appointment Status 01 Letter Type IC Hearing.90hsduled Hearing Held Appraiser 00337 Decision Code 96 Date 6 Tine 09/16/2001 8:15 08/06/2001 A"rs iFolder2Check-out Cana NaintRegReq _ Notes: 8/6 815 Last Update info: A VALM) WAS WARRANTED Date Usarld ._CHAN68 Hearing Data CAPPED Initial Market Final 08/06/2001 TBLUN Land: 15400 15400 15400 Value Data79700 09/06/2001 TBLUK Special 70200 70200 &xupt I 95100 $ 85600 $ 85600 Int : 0 Toted : $ rnl : _ 0 0 0 A9: — 9 r�jj VI�A f� May 19, 2001 from Fairmont'Park section N oppose the following: we, the wrciersignod, Church's skateboarding J�y�,d� (1) unsightly presence and use of Fairmontto oursrk BaptLst once peaceful neighborhood. cps because of the where tons of dirt will be unloaded for bicycle (2) the large fenced bicycle playground will be ramps. 'This bicycle play (a) unsightly to our subdivision Section N, homeowners' properties, and (b) will affect drainage onto the Oaken Lame (c) will create oxcessive noise for the neighboring homeowners. Print 8c add e� o3iv �ti VDIe 311 14 cl✓(f /A S t. 14A.e— 10. 4 11. ¢ s11n ire 12. 13. 0" J_,j' Je-TYq7571 ;r.- 775 71 90 'd 00: Z TOOZ OT daS b68b0NW: x?d Hinos SHdQ May 19, 2001 We, the undersigned, from Fairmont Park Section IV oppose the following: (1) the unsightly presence and use of Fairmont park Baptist Church's skateboarding ramps because of the nojU di to our once peaceful neighborhood. (2) the large fenced bicycle playground where tons of dirt will be unloaded for bicycle rains. This bicycle playground will be (a) unsightly to our subdivision section 1V, (b) will affect drainage onto the Oaken Lane homeowners' properties, and (c) will create excessive noise for the neighboring homeowners. _ - tore Printed name & 1S'Ahj r� 1 ►-V.Toe)/7 7757) 2. 3. 4. 11 7. 8. 9. 10. 11. 12. 13. 14. 15, 16. 17. ZO 'd 10: Z TOOZ OZ daS b68b026T8U Xpd Hinos SHdQ �HT A Meeting of the La Porte Planning and Zoning Commission Scheduled for July 19, 2001 To Consider Special Conditional Use Permit Request #SCU 01-113 July 13, Penny & Rudy Garcia at 3110 Oaken Lane are OPPOSED to granting this request for the following reasons: 1. THUMPING NOISES from skateboarders jumps on wood — erratic, incon*teat, sporadic, unexpected. startling, disruptive, disturbing, annoying, irritating, unreasonable, & unnerving 2, RATTLES & RACKET from skateboarders & bicyclers jumping on the metal bars dividing the smallest ramp = erratic, inconsistent, sporadic, unexpected, startling, disruptive, disturbing, annoying, irritating, unreasonable, & ann4r~ving 3. PENNY'S SEVERE ALLERGIESANFECTIONS - The stirred up dixt, dust, grass, & molds in the bicycle race park will adversely affect her health 4. PENNY'S CHRONIC SINUS HEADACHES - her inability to rest because of the excessive noise 5. LOSS OF PRIVACY because heights of ramps & dirt mounds give view into our backyards on Oaken Lane. (I have lived at 3110 Oaken Lane since January 1979 22% years in peace & solitude. This home was chosen in Section IV for its isolation and exclusiveness; we did ll choose to live near an amusement park-) 6. D&VALUATION of PROPERTY (Lifetime home investment over $200,000 is more important than children's temporary entertainment & amusement park.) 7. DRAINAGE, STANDING WATER, & FLOODING ftom bicycle race park (Standing water/mosquito infestation behind our fence are already unresolved issues from summer 1999 when Fairmont Park Baptist Church ignored a certified letter from the Garcias and Pizzitolas.) 8. LOSS OF PEACEFUL EVENINGS UNABLE TO FUNCTION in our home, i.e. read, relax, nap, concentrate, or watch TV during recreational hours 9. LOWERS AESTHETICS of Section 1V neighborhood 10. HAVING TO PATROL RAMPS during unscheduled ramp hours (My having to call the police to remove young boys from the ramps at odd hours) 11. EXPOSED RAMPS = open invitation to young people = irresistible temptation 12. DAMAGE TO FENCES (already occurred in 2000 to James Davis' fence) 13. FIRE HAZARD/SAFETY ISSUES (Fire already happened 7-5-01.). 14. ZONING — No homeowner is allowed to conduct such disruptive activities. 15. REDUCED PARKING SPACES — Ramps consume many parking spaces, and Belfast and Farrington are full of cars on Sundays and Wednesdays. 16. TRAFFIC RESTRICTIONS enforced at Sea Breeze Park to maintain homeowners' privacy (We'd Wee the same courtesy.) 17. PERSONAL STRESS caused day o1 during, night of, and the day after the ramps are used tit 80'd 10:Z TOOZ OT daS b68b0�6T8Z:x?d HinOS SHdQ WW ��uo�-t13 18. CHURCH'S HM9SPONSIBILITI`Y9 I NSENSM VITY, & POOR PLANNING — a. Insufficient funds to buy plywood, insulate ramps properly, and build gym to enclose ramps b. Ng offi6al citysince ramps installed in fall 2000 c. Delay MhMgja plans fQr A =mft even after informed d. Minimal efforts to reduce the noise or be "neighbor friendly" e. Church 1 prongs, i:e. NOT relocating ramps or boarding the open sides of all ramps f Unre . de v un to complete work and sponsor activities, Lc. the property behind our fence is left unmowed for weeks g. out= their space, therefore re -locate recreational activities outside this neighborhood h. Not resnonditur Apri127` certified letter of complaintsls until after Penny spoke to City Council 5-21-01 i. Asking non -me s ( Ed Matuszak & Fg= Garcia) to research & ask for j. Not co 'eating with or giving respect to the affected neighbors or the church members until Penny's speech to City Council 5-21-01 (5 months after ongoing complaints/suggestions) k. Untimely eagr a nent to meet with the neieWMrs at the end of May after school was over when our vacations made a meeting with all of us impossible to coordinate (We had requested a meeting in our April 27`" letter.) L Ignoring the August 12" certified letter, requesting that the low spots that held standing water behind our fence be filled so that our mosquito and rat problems would be reduced (Still a major problem) m. Lack of conwromLso, floxilbilgy,ofessionalis & init' ; minimum, delayed, & slow efforts to resolve issues n isD lwUtsry/digpjj on of bgs/contradictions/inconsistencies (On June 1, 2001, I sent a list of thew to Doug Kaeupper, Mayor, City Mango, Assistant City Manager, and Councilp4 wns.) o. Not teaching_or role modeling to their youth the Golden Rule, sensitivity, or the understanding of other people's privacy or points of view p. Not offering to reimburse the Garoi'w the $43.08 we spent for the plywood & screws that my husband used to board the backside of the 6 it. sump on June 11 to try to preserve our sanity (No thanks given either) q. No other church located in a neiahborhood'conducts such intrusive, interfering, and noisy recreational activities 60 'd 10: Z 100Z OT daS b68b026W: xPd Hines SHdQ TO: Planning & Zoning FROM: Rudy & Penny Garcia, 3110 Oaken Lane, Fairmont Paris Section iV (Representing 23 petition signafres, i.e. 15 homeowners ill Section rrf DATE: August 16, 2001 (U f SUBJECT: Opposition to Fairmont Park Baptist Cbureh's [FPBq outdoor recreational skateboarding ramps & bicycle race park Thank you for giving me another opportunity to speak for the affected homeowners in Section TV. I am asking for a slight extension of the 5-minute time limit if 1 slightly run over because 1 want to show you 4 posters of photos_ I do I&t envy your position, especially since I recognize the challenge & difficulty of rejecting a church's request in the name of Gods artistry. Moreover, please understand that no homeowner on Oaken Lane or any other person who signed the petition, which represents 15 homes in Section IV, is opposed to youth ministries unless the ministry is an infi in&p men t an the homeowners' right& we are askin Thai the Since the # 1 *pose of planning & Zoning is to vrotect its residents& homeomgs, g outdoor skateboarding tamps and bicycle race park NOT be allowed on Fairmont Park Baptist Chrrch's property on Belfast. O>BdF,C'1ZONS to FPBC's outdoor recreational activities: 1. R-1 zone: Oaken Lane homeowners directly affected as FKW's backdoor neighbors. No homeowner would_l� auumsd to condlo such dtsrupttly ayfty rtes. 2. Health hazard: Too much dust stirred up onto properties, & I am severely allergic to dust. (Dust from Africa even affects Texans.) 3. Excessiveldiisraptive noises from amusement park: Loss of SectioniV's (a) exclusiveness (b) privacy, & (c) peacefulness. NOTE: Three other homeowners an my street, who prefer to keep their illnesses private, have serious health problems requiring radiation and/or chemotherapy. The amusCment park eliminates thew hones as a refuge or our having a rest%Vpeaceful atmosphere. 4. F ooding/drainage problems front bicycle race park [NOTE: Drainage problem, still ignored by FPBC since 1999, �eowas originally addressed to the church by the Garelas & Pizaitolas in 1999.j Tress of property value: Less 523.100 on Garcias' property market value legs S9.S00 on appraised value less $1 city rev due to church's outdoor recreational facilities- (See documentation from HCAD.) 6. Aw&eti=oy unattractive: Ramps, tires, boards, tools stored/stacked inside cyclone -fenced area clearly visible to passers-by & homeowners. (See poster of photos.) 7. Policing duties: Homes asking young people to leave ramps/bicycle park and/or our calling police to remove young people dams unsupervised hours. S. FPBC's rejection of New Life Christian Church's offer to set up their ramps on Underwood. 9. FW1s lack of cooperation or consideration for their neighbors after homeowners' repetitive requests (a) refusal to fill low areas that hold water since 1999, (b) refusal to insulate or re -locate the ramps/bicycle park. 10. Other reasons itemized on original list of objections mailed to you for July 19te's P&Z mccting If this permit is issued to the church based on its revised plans, despite the demonstrated harm, the problems for the Oaken Lane homeowners an sa'11 W resolved. Therefore, we are asking the following as conditions: I. FPBC = build a min.12-ill coament privacy wall (as a sound barrier & to possibly reduoe dust) in place of the Oaken Lane homeowners' fences. Ex. Ones erected along Houston's major freeways. This privacy wall needs to be built before the ramps or bicycle taco park is further used. 2. FPBC use soundproofing materials for new ramps & insulate them or build their a gymnasium to house the ramps Wgre any ramps are further used. 3. Advise homeowners what resource we have if the some problems exist or more problems surface fiat the FPBC's outdoor recreational activities. Bottom Lithe: 1. FPBC leaders have not been cooperating or working with their neighbors for 7 months In spite of theta claiming to be "4rcighbor friendly." They have rejected my offers (a) to explain the homeowners' position to the church's parents, skateboarders, &/or members & (b) to meet with us, the neighbors. The church has never consulted with the neighbors. Should the church be rewarded for such behavior/action? i. The church leaders have placed their youth's entertainment above the hundreds of thousands of dollars we have invested in our homes. 3. FP13C should buy property outside of a residential zone for their outdoor ministries. 4. The homeowners are asking P&Z to protect the homeowners by eliminating the skateboarding ramps &bicycle race park on the church's property. You support for the homeowners is needed & appreciated. We encourage your questions & visits with the homeowners. 3 OT'd ZO:z ZOOZ oT daS b68b0i6T8Z:xeJ Hines SHdG Pi Althea Brocken Perry 3118 Ashton Lane .LaPorte, TX 77571 281-479-6261 CONCERNS: BROOKGLEN FLOODING Brookglen has flooded 3 times during the 25 years that I've been a resident and 1 time prior to moving into my home. For et the 100-Year Flood Plan - it does not apply to Brookglen. Willow Spring Gully that runs through Brookglen overflows primarily because it is the major watershed for Deer Park. (See the attached map that details the current drainage into Brookglen via Willow Spring Gully and the connected drainage ditch.) Deer Park is currently planning to build additional homes on the vacant acres on East Boulevard. The drainage from these new subdivisions will directly effect Brookglen and Spenwick. The only drainage available at this time for that acreage is Willow Spring Gully and a drainage ditch that connects to this gully. Deer Park is creating a water retention area of 80+ acres behind Gerland's on Spencer at Underwood. Question: Will this help the already overloaded drainage into Willow Spring Gully and the resulting increased drainage from development of East Boulevard? My novice opinion: Not unless it is very deep! QUESTIONS: 1. What is the City of La Porte doing to help eliminate the flooding in Brookglen? Flooding situations throughout La Porte will not be resolved without direct City involvement; a Taskforce Committee. 2. What measures are the Harris County Flood Control District and the City taking to prevent Deer Park's downstream flooding of Brookglen? 3. If plans are in the works, when will these measures be completed? 4. Is the City prepared to Buyout homes that have flooded 3 or more times through FEMA & SBA? The additional greenspace would be a welcomed sight as compared to the suffering flood victims? 5. Will the City assist Brookglen residents to lower our home/property appraisals from the Harris County Appraisal District? Due to the June 2001 flooding our home appraisals (flooded or not) are severely inflated. Appraisals effect our taxes and insurance rates. Brookglen residents need the help of the City of La Porte to resolve the flooding situation! All La Porte residents would benefit from the communication of your plans. Information included in our Water Bills would be a great help. Since mid -June, we have not seen any information about the City's flood plans for any part of the City. The Water Bill is the best means of City to Citizen communication. Special thanks to Chuck Engelken for his service to Brookglen and for the upcoming meeting at the City Park in Brookglen. God bless us all with a resolution!