HomeMy WebLinkAbout2002-08-12 Regular Meeting, Public Hearing and Workshop Meeting
e
e
MINUTES OF THE REGULAR MEETING,
PUBLIC HEARING AND WORKSHOP MEETING
OF THE LA PORTE CITY COUNCIL
AUGUST 12,2002
1. Call to Order
The meeting was called to order by Mayor Norman Malone at 6:00 p.m.
Members of City Council Present: Councilmembers Chuck Engelken, Howard Ebow,
Barry Beasley, James Warren, Charlie Young, Bruce Meismer, Mike Mosteit, Peter Griffiths
and Mayor Norman Malone
Members of Council Absent: None
Members of City Executive Staff and City Employees Present: Assistant City Attorney John
Armstrong, Acting City Manager John Joerns, Assistant City Attorney Clark Askins,
Director of Finance Cynthia Alexander, Assistant Director of Finance Michael Dolby,
Director of Emergency Services Joe Sease, Fire Chief Mike Boaze, Director of Parks and
Recreation Stephen Barr, City Secretary Martha Gillett, Assistant City Secretary Sharon
Harris, Police Chief Richard Reff, Director of Public Works Steve Gillett, Director of
Purchasing Susan Kelley, Director of Administrative Services Carol Buttler, Administrative
Assistant of the City Manager Crystal Scott, Budget Investment Officer Shelley W olny,
Systems Administrator Al Owens
Others Present: Sue Gail Mock Kooken, Spero Pomonis, Paul Larson, Penny Garcia, Rudy
Garcia, Paula Bridges, Jesus Napoles, Guy Rankin, Charlie Perry, Mary Gay, Tom Deen,
Nick Barrera, Gary Shaw, Nazar Momin, John Oliver, Glenda Collins, Michael Collins,
Charles Underwood, Barbara Norwine, Ashley Millar, Bill Scott, Jesse Wilson, Dottie
Kaminski, Leon Waters, Robert Crowe of the Houston Chronicle, Alton Porter, Betty
Waters, Colleen Hicks, Mrs. Fran Strong, Bernard Legrand, Marion Capen, Bob Capen and
a number of other citizens
2. Reverend Mary Harris of Glory Ministries of La Porte delivered the invocation.
3. Mayor Malone led the Pledge of Allegiance.
4. Council considered approving the Minutes of the Regular Meeting and Workshop Meeting
of the La Porte City Council held on July 22,2002, and approval of the Minutes of the
Special Called Regular Meeting of the La Porte City Council held on July 29,2002.
Motion was made by Councilmember Engelken to approve the Minutes of the Regular
Meeting and Workshop Meeting of the La Porte City Council held on July 22.2002. and
approval of the Minutes of the Special Called Regular Meeting of the La Porte City Council
held on July 29. 2002. Second by Councilmember Griffiths. The motion carried.
Ayes: Engelken, Warren, Young, Meismer, Ebow, Beasley, Griffiths, Mosteit and Malone
Nays: None
Abstain: None
5. PRESENTATIONS AND PROCLAMATIONS
e
e
City Council Minutes 8-12-02 - Page 2
Mayor Norman Malone presented Glenda and Mike Collins with the Proclamation in
recognition of "Leukemia and Lymphoma Awareness Month".
Director of Finance Cynthia Alexander, Assistant Director of Finance Michael Dolby,
Budget/Investment Officer Shelley Wolny and Secretary Gay Collins were recognized with
the "Distinguished Budget Presentation Award".
6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND
T AXP AYERS WISHING TO ADDRESS CITY COUNCIL
Bill Scott of 1802 Lomax School Road, La Porte, Texas, provided a handout regarding his
comments to the editorial notes in the Bayshore Sun. Mr. Scott commented on the proposed
Travel Policy Committee; he would like a broader base of taxpayers on this Committee. Mr.
Scott is opposed to the proposed fueling station/convenience store; too close to a residential
neighborhood, noise and air pollution, in vicinity of a school and other various reasons.
Gary Shaw of 31 02 Oaken Lane, La Porte, Texas, voiced his concerns of standing water,
mosquitoes, and piles of dirt and grass on Fairmont Park Baptist's Church property behind
his home.
Tom Deen of230 Garfield, La Porte, Texas, presented petitions against the SCU Permit 02-
002 for the fueling station/convenience store on behalf of the Old Highway 146 Committee.
Aki Momin of 14619 Underwood Creekway, Houston, Texas, spoke against the proposed
fueling station/convenience store on Barbours Cut Boulevard.
Mary Gay of214 N. 9th Street, La Porte, Texas, is in favor of the proposed fueling
station/convenience store.
Penny Garcia of 311 0 Oaken Lane, La Porte, Texas, spoke in favor of a noise ordinance.
She distributed a copy of the City of Pasadena's noise ordinance.
Nick Barrera of 9510 Carlow Lane, La Porte, Texas, voiced his opinion against Council
spouses having paid travel by the City. Mr. Barrera suggested the City make this a policy
and enforce it. Regarding the proposed fueling station/convenience store, Mr. Barrera feels
the City should go with the majority of what the citizens want. Mr. Barrera would like there
to be term limits on Councilmembers and the Mayor.
Jesus Napoles of 622 Preston Road, Pasadena, Texas, approves of the fueling
station/convenience store and would like the community to realize the job opportunities it
would bring.
Paula Bridges of 813 River Creek, La Porte, Texas, questions the cost of the independent
audit and if the public will be absorbing the cost. Ms Bridges apologized to Council for the
citizens whom are questioning the integrity of their travel costs and thanked them for serving
the City.
Barbara Norwine of 202 South Lobit, La Porte, Texas, feels the City needs improved
maintenance services in areas. Ms Norwine suggested lowering the cost of baseball leagues
so low-income families could participate, the wrecking yard on Main Street needs to be
e
e
City Council Minutes 8-12-02 - Page 3
cleaned-up and maintained, computer classes are needed for low-income families, and Ms
Norwine requested the City assign forums to assist in resolving these issues and others.
Nazar Momin is against the proposed fueling station/convenience store. Mr. Momin showed
a video regarding the problems caused by having such a facility.
Paul Larson of 406 North 4th Street, La Porte, Texas, is opposed to the proposed fueling
station/convenience store.
Spero Pomonis of218 Bay Colony Circle, La Porte, Texas, is opposed to Council's actions
regarding the audit; he feels Council should have handled this privately amongst themselves.
Mr. Pomonis is strictly against the proposed fueling station/convenience store.
Charles Underwood of 421 North 6th Street, La Porte, Texas, is against the proposed fueling
station/convenience store.
Penny Garcia of 311 Oaken Lane, La Porte, Texas, would like to see La Porte join with
Pasadena and Deer Park in banning trucks in the left lane of Highway 225.
Guy Rankin of Houston, Texas, stated the proposed fueling station/convenience store on
Barbours Cut Boulevard; is not a truck stop, but a Triple A Large Service Convenience
Store.
7. Open Public Hearing - Mayor Malone opened the Public Hearing at 7:00 p.m.
Review by Staff - Police Chief Richard Reff presented summary and recommendation and
answered questions regarding the establishment of Truck Lane Restrictions on Highway 225
from the City limit of Deer Park to Sens Road Overpass at Highway 225, and the findings of
this Public Hearing are to be forwarded to TXDOT.
Public Input
Bernard Legrand of 3115 Layne Court, La Porte, Texas, commented that while traveling on
Highway 225 at 55 mph, he was passed 100%. Without enforcement of the speed limit, Mr.
Legrand does not feel banning trucks from the left lane will be beneficial.
Paula Bridges of 813 River Creek Drive, La Porte, Texas, is in favor of the City hiring more
police officers.
Nick Barrera of 9510 Carlow, La Porte, Texas, is in favor of passing the truck lane
restrictions.
Earl McLaughlin of the La Porte Emergency Planning Committee (LEPC) and the Cities of
La Porte, Deer Park and Pasadena LEPCs have been in favor of lane designation since 1999.
The Committee thought this designation would be in effect by now; however, TXDOT had
to do their own surveys.
Per Police Chief Richard Reff, staff recommended, upon notification by the Texas
Transportation Commission that is authorized to establish the ordinance, we establish an
ordinance creating truck lane restrictions on Highway 225 from our city limits from Deer
e
e
City Council Minutes 8-12-02 - Page 4
Park to the Sens Road overpass. This item will be forwarded to TXDOT, who will then hold
a joint Public Hearing with all cities involved, which will be reviewed by TXDOT. Upon
notification of approval, an ordinance will be presented to create the truck lane restriction.
Mayor Malone closed the Public Hearing at 7: 12 p.m.
8. Open Public Hearing - Mayor opened the Public Hearing at 7: 13 p.m.
Review by Staff - Assistant City Attorney John Armstrong presented summary and
recommendation and answered questions regarding Redistricting Ordinance 2002-2569,
the map, polling locations and early voting hours. Director of Planning Doug Kneupper
provided an overhead of the map with the new boundaries.
Public Input
Bill Scott of 1802 Lomax School Road, La Porte, Texas, complimented the Committee on
their work and the equality of all six districts. District 4 has varied by more than over
minus 70%. La Porte City Charter, which protects our local rights, was violated in 1995.
Redistricting Subcommittee Chairperson Bruce Meismer provided Council with an overview
of the Committee's process and recommendation.
Mayor Norman Malone complimented the original Redistricting Committee and the current
Committee.
Mayor Malone closed the Public Hearing at 7:25 p.rn.
9. Council considered approval or other action regarding an ordinance determining the
population of the City of La Porte as determined by the 2000 U.S. Census.
Assistant City Attorney John Armstrong presented summary and recommendation and
answered Council's questions.
Assistant City Attorney John Armstrong read: ORDINANCE 2002-2569 - AN
ORDINANCE DETERMINING THE POPULATION OF THE CITY OF LA PORTE AS
DETERMINED BY THE 2000 U.S. CENSUS; FINDING THAT THE DISTRIBUTION OF
POPULATION AMONG THE VARIOUS COUNCIL DISTRICTS IS MATERIALLY
UNBALANCED; ESTABLISHING NEW DISTRICT BOUNDARIES FOR THE
RESIDENCE AND ELECTION OF DISTRICT COUNCILPERSONS; ESTABLISHING
POLLING PLACES; ESTABLISHING DATES AND HOURS FOR EARLY VOTING;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Mosteit to approve this ordinance as presented by Mr.
Armstrong. Second by Councilmember Griffiths. The motion carried.
Ayes: Engelken, Warren, Young, Meismer, Ebow, Beasley, Griffiths, Mosteit and Malone
Nays: None
Abstain: None
e
e
City Council Minutes 8-12-02 - Page 5
10. Council considered approval or other action to adopt an ordinance approving and
authorizing a contract with Tiller and Company, a professional corporation of certified
public accountants, for an agreed upon procedure engagement regarding the review of
American Express and Visa credit card transactions for a six year period.
Councilmember Chuck Engelken presented summary and recommendation and answered
Council's questions.
Assistant City Attorney John Armstrong read: ORDINANCE 2002-2570 - AN
ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND TILLER AND COMPANY, CERTIFIED PUBLIC
ACCOUNTANTS, TO PROVIDE INDEPENDENT AUDITING SERVICES;
APPROPRIATING NOT TO EXCEED $15,000, TO FUND SAID CONTRACT; MAKING
VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Meismer to approve this ordinance as presented by
Mr. Engelken. Second by Councilmember Beasley. The motion carried.
Ayes: Engelken, Warren, Young, Meismer, Ebow, Beasley, Griffiths, Mosteit and Malone
Nays: None
Abstain: None
11. Council considered approval or other action regarding an ordinance to vacate, abandon and
close the entire alley in Block 337, Town of La Porte; said ordinance to provide for
dedication of a 16' utility easement to facilitate existing utility service to the southernmost
100' portion of the alley.
Director of Planning Doug Kneupper presented summary and recommendation and
answered Council's questions.
Assistant City Attorney John Armstrong read: ORDINANCE 2002-2571 - AN
ORDINANCE V ACA TING, ABANDONING AND CLOSING THE ALLEY IN BLOCK
1150, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
Motion was made by Councilmember Griffiths to approve this ordinance as presented by
Mr. Kneupper. Second by Councilmember Meismer. The motion carried.
Ayes: Warren, Young, Meismer, Ebow, Beasley, Griffiths, Mosteit and Malone
Nays: None
Abstain: Engelken
12. Council considered approval or other action regarding an ordinance amending Chapter 34 of
the Code of Ordinances establishing better standards to deal with noise.
Director of Planning Doug Kneupper presented summary and recommendation and
answered Council's questions.
e
e
City Council Minutes 8-12-02 - Page 6
Assistant City Attorney John Armstrong read: ORDINANCE 2002-2572 - AN
ORDINANCE REPEALING CHAPTER 34, ENVIRONMENT, ARTICLE 3, NOISE,
SECTIONS 34-91 THROUGH 34-94, INCLUSIVE, AND REPLACING SAID
REPEALED SECTIONS WITH A NEW CHAPTER 34, ENVIRONMENT, ARTICLE 3,
NOISE POLLUTION, SECTIONS 34-91 THROUGH 34-97 OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE; PROVIDING THAT ANY PERSON
VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF
A MISDEMANOR AND SHALL UPON CONVICTION BE FINED A SUM OF NOT
MORE THAN TWO THOUSAND DOLLARS ($2,000.00) FOR EACH VIOLATION;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Griffiths to approve this ordinance as presented by
Mr. Kneupper. Second by Councilmember Ebow. The motion carried.
Ayes: Engelken, Warren, Young, Meismer, Ebow, Beasley, Griffiths, Mosteit and Malone
Nays: None
Abstain: None
13. Council considered disapproval or other action regarding Special Conditional Use Permit
#SCU02-00 1.
Director of Planning Doug Kneupper presented summary and recommendation and
answered Council's questions.
Assistant City Attorney John Armstrong read: ORDINANCE 1501-VV - 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: 2.9
ACRES, BEING LOTS 1 THRU 32 OF BLOCK 329, INCLUDING ALLEY AND
PORTION OF NORTH 2ND STREET RIGHT -OF-WAY, OUT OF JOHNSON HUNTER
SURVEY, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, FOR THE PURPOSE OF
DEVELOPING AND OPERATING A CONVENIENCE STORE WITH AUTOMOBILE
AND TRUCK FUELING WITHIN A BUSINESS INDUSTRIAL (BI) ZONE; MAKING
CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Warren to approve this ordinance as presented by Mr.
Kneupper. Second by Councilmember Ebow. The motion was defeated.
Ayes: Warren, Ebow, Mosteit and Malone
Nays: Meismer, Young, Beasley, Engelken, Griffiths
Abstain: None
14. Council considered approval or other action regarding 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. Tuftli Trust.
e
e
City Council Minutes 8-12-02 - Page 7
Director of Planning Doug Kneupper presented summary and recommendation and
answered Council's questions.
Assistant City Attorney John Armstrong read: ORDINANCE 2000-IDA-62 - AN
ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LAPORTE OF AN
INDUSTRIAL DISTRICT AGREEMENT WITH DON L. AND MARTHA T. TUFFLI
TRUST (ALUMA SYSTEMS, INC., LESSEE); FOR THE TERM COMMENCING
JANUARY 1,2001 AND ENDING DECEMBER 31,2007; MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Assistant City Attorney John Armstrong read: ORDINANCE 2002-2573 - 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.
Motion was made by Councilmember Engelken to approve this ordinance as presented by
Mr. Kneupper. Second by Councilmember Griffiths. The motion carried.
Ayes: Young, Meismer, Ebow, Beasley, Griffiths, Mosteit, Engelken and Malone
Nays: None
Abstain: Warren (not at table for vote)
15. Council considered approval or other action regarding an ordinance authorizing an
agreement between the City of La Porte and Fairmont Park East Homeowner's Association
for the exchange of real property and providing for the construction of a neighborhood park.
Director of Parks and Recreation Stephen Barr presented summary and recommendation and
answered Council's questions.
Assistant City Attorney John Armstrong read: ORDINANCE 2002-2574 - AN
ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN
THE CITY OF LA PORTE AND FAIRMONT PARK EAST HOMEOWNERS'
ASSOCIATION, FOR THE EXCHANGE OF REAL PROPERTY AND PROVIDING FOR
THE CONSTRUCTION OF A NEIGHBORHOOD PARK; 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 Councilmember Ebow to approve this ordinance as presented by Mr.
Barr. Second by Councilmember Mosteit. The motion carried.
Ayes: Engelken, Warren, Young, Meismer, Ebow, Beasley, Griffiths, Mosteit and Malone
Nays: None
Abstain: None
e
e
City Council Minutes 8-12-02 - Page 8
16. Council considered approval or other action regarding an ordinance establishing the rate
structure for the City of La Porte Emergency Medical Service.
Director of Emergency Services Joe Sease presented summary and recommendation and
answered Council's questions.
Assistant City Attorney John Armstrong read: ORDINANCE 2002-2575 - AN
ORDINANCE ESTABLISHING A RATE STRUCTURE FOR THE CITY OF LA PORTE
EMERGENCY MEDICAL SERVICE; CONTAINING A SEVERABILITY CLAUSE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Griffiths to approve this ordinance as presented by
Mr. Armstrong. Second by Councilmember Meismer. The motion carried.
Ayes: Warren, Young, Meismer, Ebow, Beasley, Griffiths, Mosteit, Engelken and Malone
Nays: None
Abstain: None
17. Council considered approval or other action regarding an ordinance on the reporting
structure of the City Secretary.
Mayor Norman Malone presented summary and recommendation and answered Council's
questions.
Assistant City Attorney John Armstrong read: ORDINANCE 2002-2576 - AN
ORDINANCE FROM MAYOR AND COUNCIL RECOMMENDING THE CITY
SECRETARY AND SUBORDINATE STAFF REPORT DIRECTLY TO MAYOR AND
CITY COUNCIL PER SECTION 3.03 OF THE HOME RULE CHARTER OF THE CITY
OF LA PORTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Griffiths to approve this ordinance as presented by
Mr. Malone. Second by Councilmember Meismer. The motion carried.
Ayes: Engelken, Warren, Young, Meismer, Ebow, Beasley, Griffiths, Mosteit and Malone
Nays: None
Abstain: None
18. Council considered authorizing and approving the recommended committee review City
Council's Travel Policy.
Mayor Norman Malone presented summary and recommendation and answered Council's
questions.
Assistant City Attorney John Armstrong read: ORDINANCE 2002-2577 - AN
ORDINANCE APPOINTING A COMMITTEE TO REVIEW THE COUNCIL TRAVEL
POLICIES; SUSPENDING CITY PAYMENT OF COUNCIL SPOUSAL TRAVEL
EXPENSES; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
e
e
City Council Minutes 8-12-02 - Page 9
Motion was made by Councilmember Meismer to table this ordinance as presented by Mr.
Malone until the next Council Meeting. Second by Councilmember Beasley. The motion
carried.
Ayes: Engelken, Young, Meismer, Beasley, Griffiths and Mosteit
Nays: Ebow, Warren and Malone
Abstain: None
19. Council considered providing direction and considering confirming the Audit Committee's
recommendation to continue use of budget costs versus population method as described in
the option clause of the agreement.
Director of Emergency Services Joe Sease presented summary and recommendation and
answered Council's questions.
Motion was made by Councilmember Engelken to move forward with this recommendation
as presented by Mr. Sease. Second by Councilmember Griffiths. The motion carried.
Ayes: Engelken, Ebow, Warren, Malone, Young, Meismer, Beasley, Griffiths and Mosteit
Nays: None
Abstain: None
20. Council considered awarding Bid #08063 - Chemical, Paper and Janitorial Supplies in the
amount of$17,281.01
Purchasing Manager Susan Kelley presented summary and recommendation and answered
Council's questions.
Motion was made by Councilmember Beasley to approve the bid as presented by Mrs.
Kelley. Second by Councilmember Young. The motion carried.
Ayes: Engelken, Ebow, Malone, Engelken, Young, Meismer, Beasley, Griffiths and Mosteit
Nays: None
Abstain: None
21. Workshop was called to order by Mayor Malone at 8:40 p.m.
a. Councilmembers Meismer, Beasley and Engelken discussed the possibility of opening
an additional corridor parallel to Fairmont Parkway (K Street) from 14th or 16th Street to
Highway 146 Feeder, for the purpose of improving traffic flow.
Acting City Manager John Joerns voiced his concerns of the utility corridor with K
Street, and suggested L or M Street as an additional option for corridor. Council
requested Staff to review this option.
b. Council discussed adopting an ordinance establishing policies and procedures for city
issued American Express and Visa credit cards.
22. Closed Workshop and reconvened Regular Meeting at 9:26 p.m.
e
e
City Council Minutes 8-12-02 - Page 10
23. Council considered approval or other action regarding an ordinance adopting credit card
policies and procedures.
Assistant City Attorney John Armstrong read: ORDINANCE 2002-2578 - AN
ORDINANCE ADOPTING CREDIT CARD POLICIES AND PROCEDURES; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Director of Finance Cynthia Alexander presented summary and recommendation and
answered Council's questions.
Motion was made by Councilmember Engelken to table this item for 30 days as presented
by Mrs. Alexander. Second by Councilmember Griffiths. The motion carried.
Ayes: Engelken, Ebow, Warren, Malone, Young, Meismer, Beasley, Griffiths and Mosteit
Nays: None
Abstain: None
24. Acting City Manager John Joerns reminded Council of Budget Workshop Meetings August
19-23,2002, in Council Chambers.
Mr. Joerns asked Staff to respond to the Port of Houston Authority regarding revisions to
permit application. Councilmember Mike Mosteit will replace former Councilmember Guy
Sutherland's place on the subcommittee.
An update was given on significant tornado damaged buildings.
Mr. Joerns reminded Council of the upcoming proposed City Council Retreat September 27-
29, 2002. Council will be polled for topic suggestions and location for the retreat.
25. Council Comments
Councilmembers Mosteit, Engelken, Griffiths, Beasley, Warren, Young, Ebow, Meismer
and Mayor Malone brought items to Council's attention.
26. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN
MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, 551.086, TEXAS
GOVERNMENT CODE - (CONSULTATION WITH ATTORNEY, DELIBERATION
REGARDING REAL PROPERTY, DELIBERATION REGARDING PROSPECTIVE
GIFT OR DONATION, PERSONNEL MATTERS, DELIBERATION REGARDING
SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION
OF ANOTHER WITNESS IN AN INVESTIGATION, DELIBERATION
REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS)
Council retired into Executive Session at 10:10 p.m.
Discussed the Acting City Manager review.
Council reconvened the Council Meeting at 10:30 p.m.
.
.
City Council Minutes 8-12-02 - Page 11
27. CONSIDERATIONS AND POSSIDLE ACTION ON ITEMS CONSIDERED IN
EXECUTIVE SESSION
Council considered approval or other action regarding possible action from Executive
Session.
Motion was made by Councilmember Griffiths to approve a temporary pay increase of 10%.
to be effective during John Joerns assignment as Acting City Manager. Second by
Councilmember Young. The motion carried.
Ayes: Engelken, Ebow, Malone, Engelken, Young, Meismer, Beasley, Griffiths and Mosteit
Nays: None
Abstain: None
28. ADJOURNMENT
There being no further business to come before Council, the Special Called Regular Meeting
was duly adjourned at 10:31 p.m.
Respectfully submitted,
Lfnf1ttl1~flJtU
Martha Gillett
City Secretary
Passed and approved on this the 26th day of August 2002.
J(~Ch;>>r/~
Norman Malone, Mayor
e
e
e
e
Requested By:
OUNCIL AGENDA ITEM
Agenda Date Requested:
Appropriation
Source of Funds:
N/A
Department: Polke
Account Number:
Report:
Resolution:
Ordinance:
Amount Budgeted:
Exhibits: Letter from TXDOT to the Mayor
Amount Requested: ~ I A
Exhibits: Letter from the Mayor of Houston
Budgeted Item: YES NO xx
Exhibits: Summary report and update report to eM
SUMMARY & RECOMMENDATION
On 02120/02 the Mayor received a letter from Texas Department of Transportation regarding the establishing a truck
lane restriction during peak hours for Hwy, 225. Mayor Brown of Houston had formally requested the lane
restriction and it requires all the effected Cities to be in agreement regarding the establishment of truck lane
restrictions. A copy of a report from Darrell Borchardt ofTXDOT (attached) was included indicating that Hwy. 225
did in fact qualify for the establishment of truck lane restrictions as authorized by law, A summary report was also
included indicating that the test project on 1-10 had found that the establishing of truck lane restrictions "has proven
successful" ,
On 04/01/02 a meeting was held with TXDOT that included Police representatives of all the Cities that would be
required to participate, Houston, Pasadena, Deer Park, and La Porte, A proposed ordinance format and request letter
was developed to provided consistency, TXDOT would hold a joint Public Hearing that Pasadena offered to host.
A letter with a proposed ordinance was submitted to TXDOT on 04/09/02.
TXDOT has since determined that each City involved would need to conduct its own Public Hearing on the issue of
Truck Lane Restriction, submit the findings of the Public Hearing to TXDOT and then they would schedule a joint
Public Hearing once all of the participating Cities submitted their findings, After this joint Public Hearing TXDOT
would make a ruling as to whether or not to allow each City to pass an ordinance to establish the Truck Lane
Restrictions,
Action Required bv Council:
To conduct a Public Hearing regarding the establishment of Truck Lane Restrictions on Hwy 225 from the City limit
of Deer Park to the Sens Road Overpass at Hwy 225, and the findings of this Public Hearing to be forwarded to
TXDOT.
A
8410"
Date I
* e--;7Y, e lvf1
I Texas Department of Transportation
e
P.O. BOX 1386. HOUSTON, TEXAS 77251-1386. (713) 802.5000
February 7,2002
CONTACT:DTO
The Honorable Norman L. Malone
Mayor, City of La Porte
604 West Fairmont Parkway
La Porte, Texas 77571
RECEIVED
FEe 2 0 200?
CITY SBCRE -
Dear Mayor Malone: OFFICIARY'S
The Texas Department of Transportation (TxDOT), Houston District, ceived a formal
request from the Honorable Lee P. Brown to consider the SH 225 corridor for a truck lane
restriction during peak. hours Monday through Friday. This request is in accordance with Section
545.0651 of the Texas Transportation Code. Copies of the subject code and the supporting
legislation, as well as a draft copy of the City of Houston's proposed ordinance, are attached for
your reference and review.
In accordance with the requirements as set forth in the code, TxDOT must ensure that there is a
"systems approach to preclude the designation of inconsistent lane restrictions among adjacent
municipalities. "
TxDOT will only consider such a restriction if there is agreement among all of the municipalities
that share this corridor.
We ask that you consider this request and provide a response to TxDOT regarding this proposal.
If you should have any questions regarding this issue, please feel free to contact me at
(713) 802-5171 or e-mail meatswegman@dot.state.tx.us.
Sincerely,
~--'lr~' L')...~~__ ~.7.
Sally G. Wegmann, P.E.
Director of Transportation Operations
Houston District
SGW:dm
Attachments
cc: The Honorable John Manlove
The Honorable Wayne Riddle
The Honorable Carroll Robinson
An Equal Opportunity Employer
e
e
&)
CITY OF HOUSTON
OffIce of the Moyer
Lee P. Brown
Moyor
Mr. Gary Trletsch
Texas Department of Transportation
P.O. Box 1388
Houston. Texas 77251.1386
Re: expansion of the Lane Use Restrictions
For Trucks to portions of 1-45 and S.H. 225
. 'TlIOOT ~
?-Ecelveo \\
OCT 2 9 2001 ~
~ ~+~~.
~srON MAI~~~"'?'"
............--.-
P,O, 80. 1e02
HouIIOn. leIOI172S1.1562
901 1logOy. :lid FlOor
HauPcN\ T_ 11Q02
1. 713.2011.2200
F, 713.247. 10607
_,C:;,hoUIIOn.lll...
October 26, 2001
Dear Mr. Trletsc:h:
In light of the findings In the Evaluation of the 1-10 East Freeway TlUck Lane RestriCtIon
Demonstration Project I8port dated September 2001, 1 am forrnaly f8questlng that the
truck lane use restriction program be expanded to 1-45 North, (between 1-810 and the
City Limits) and S.H. 225, en weekdays from 6:00 A.M. to 8:00 P.M., excluding City of
Houston holidays.
I understand that the 8)Cp8nlion of the truck lane use restric:tIon program to S.H. 225 will
also require the adoption of the rsstrfcUon by the citiu of Pasadena. Deer Part and
laPorte. In light of this coordination with adj8cent cities. the City of Houlfon would
request that the 1-45 North corridor proceed Independent of the S.H. 225 confdor.
Please advise me of the appropriate timing for the scheduIk1g of a pubic hearing by the
City of Houston on this matter.
I appreciate your assistance in implementing this project and look forward to working
with TxOOT again to enhance the safety on our area highways.
1'~.-
.
LPB:OWW:ms
C: Chief C.O. Bradford, Houston Police Department
Anthony Hall. CIty Attorney
Councl Member Carroll Roblnlon
Tom Rolen, Director. PublJc Works and Engineering
~
"-- Cour>cl__ lItuee loI1O c:- M, ~ MattI GoIdbetg ...... Den 1oMV,... /lob Todd Matt A. HI ....1CeW ~"\IQIQUeZ ./OlWI E, CaItIIo
~ AnI*- D. PorI<. (;otdon Quan 0II0ftCI0 Scn:lla on lei ConcIl G. RclI:IImon ~ SyMa R. GarctO
. -
Pagt
-
From:
To:
Date:
Subject:
"Borchardt, Darrell" <d-borchardt@tamu.edu>
"'sbeard@dot.state.tx.us'" <sbeard@dot.state.lx.us>
3/8/027:48AM
FW: SH 225 Potential Truck Lane Restriction
> --Original Message-
> From: Borchardt, Darrell
> Sent: Thursday, January 31,20027:04 AM
> To: Wegmann, Sally'
> Subject: SH 225 Potential Truck Lane Restriction
>
> I have looked at the subject question and am providing the following
> recommendations. Let me know if you need further
> information.
>
> General Criteria
>
> The SH 225 La Porte Freeway does meet the general criteria of geometries
> (six lane cross section of through lanes throughout Its length) and
> overall truck percentages of at least 4%. Studies completed by ITI in
> 2000 indicate an average truck percentage of 6% throughout the day;
> percentages of 12-15% were observed during the midday time period.
> .
> Limits of Truck Restriction
>
> The limits of the truck restriction should extend from Allen-Genoa (about
> 1-mlle east of 1-610 East Loop) to Sens Road (about 1-mile-west of SH
> 146). This approximate 12-mile section of SH 225 passes through the
> cities of Houston, Pasadena, Deer Park, and laPorte. The 1-mile spacing
> on the extremities allows ample time for the truck traffic to merge out
> of/into the Inside lane as may be required to exit at the 1-610 and SH 146
> interchanges. The freeway consists of a general 6-lane cross-section.
> The section between the Sam Houston Tollway and Miller Cut Off Road access
> ramps includes a 4-th lane. The lane Is not a throuah lan" but operates
> as an unusually long auxiliary lane to facilitate merging and diverging
> movements in this section of freeWay.
>
> Proposed Operating Hours
>
> The law only provides for the restriction of trucks during .peak hours..
> After a review of traffic volume data along the freeway es well as the
> access ramps, It has been determined that the peak hours for this facility
> are from 6:00 am to 8:00 pm. Traffic volume increases during the 6:00 am
> hour and begins to decrease significantly during the 7:00 pm hour.
> Therefore it is recommended that the truck lane restriction be in effect
> from 6:00 am till 8:00 pm.
>
>
>
> Darrell W. Borchardt, P.E.
> Research Engineer/Co-Office Manager
> Texas Transportation Institute
'Sandra Beard - FW: 1-45N and SH ~?5~~ruck num~er~_~: ~=-=_ =...:~~: .<
e
._.~~.=:--' -- .'" =. ~~:~==~:-=-~_.
e
PagE
-
From:
To:
Date:
Subject:
"Borchardt, Darrell" <d-borchardt@tamu.edu>
n'sbeard@dot.state.tx.us'" <sbeard@dot.state.tx.us>
3/8/02 7:51AM
FW: 1-45N and SH 225 truck numbers
> -Original Message-
> From: Borchardt, Darrell
> Sent: Thursday, October 18, 2001 3:13 PM
> To: Wegmann, Sally'
> Subject: 1-45N and SH 225 truck numbers
>
> Attached are some truck numbers for 1-45 North and SH 225. We collected
> the ones on 1-45 North recently when we had a lull on other data
> collection. The numbers for SH 225 were done in 2000 when Muss needed
> some counts.
>
> This should give some Idea of the trucks out on those roadways now should
> the lane restriction be extended to those roads. Let me know if you need
> some more info.
>
> Darrell.
>
> <<1-45N- Truck_Summary .xls>> <<SH225- Truck_Summary .xls>>
>
e
e
SummarY of Volumes on SH 225 LaPort. F....wav IfIl A11.n-Genoa
~rs+Pickups+Vans Motorcvdes Buses . Sinote-Unit Trucks Semi-Trailers 'Semi-Double Trailer Truck/Car with Trailer Total
Eastbound
6:00 am - 9:00 am
Inside Lane 1,730 0 0 22 56 0 11 1.819
95.1 "" 0,0"" 0,0"" 1.2 "" 3.1 " 0,0 " 0.8 'l6
Other Lanes 5,872 1 8 225 595 0 40 6,741
87,1 " 0,0 " 0.1 'No 3.3 " 8.8% 0,0% 0,8 ""
11:00 am -1:00 om
Inside Lane 834 0 0 29 130 0 8 1,001
83.3% 0,0% 0.0"" 2,11% 13,0% 0,0% 0.8 ""
Other Lanes 2,979 8 4 152 835 1 52 3,829
77.8 % 0.2 "" 0,1 "" 4,0% 18,8% 0,0 "" 1,4 ""
3:00 Dm - 8'00 om
Inside Lane 4,896 9 0 36 82 0 20 4,843
117,0 % 0.2% 0,0" 0,7% 1.7"" 0,0 " 0,4 "
'.
Other Lanes 9,780 8 1 131 332 0 74 10,306
94,7 "" 0,1 " 0.0% 1.3% 3,2" 0,0" 0,7 ""
Westbound
6:00 am - 9'00 am
Inside Lane 4,605 16 0 27 36 0 10 4,694
88.1 "" 0,3" 0,0" 0.8% 0.8% 0.0" 0,2%
Other Lanes 7,744 11 4 220 412 0 65 8.456
111,8" 0,1 " 0.0% 2,8 "" 4,11% 0,0"" 0,8%
11:00 am -1:00 DIn
Inside Lane 1.368 3 0 34 75 0 16 1,496
111,4% 0,2% 0.0% 2.3% 5.0% 0,0% 1,1 ""
Other Lanes 2,628 3 1 242 563 1 42 3,480
75,5 "" 0.1 "" 0,0 "" 7,0"" 18,2 "" 0,0"" 1.2%
3:00 DIn - 6:00 Dm
Inside Lane 3,871 5 1 57 95 0 13 4.042
IIU% 0.1 % 0,0% 1,4% 2.4% 0.0" 0,3%
Other Lanes 6,250 2 2 160 597 1 88 7,100
88,0% 0.0% 0,0% 2,3% 8,4" 0,0" 1,2"
T_ T'-IJOltatlan InllllutII
Data coII8cl8d ~ at 0cl0blIr 23 and 30, 2000
October 18. 2001
e
e
PROJECT SUMMARY BRIEFING
1-10 East Freeway Truck Lane Restriction Demonstration Project
Working cooperatiyely with the City of Houston, the Houston District of the
Texas Department of Transportation (TxDOT) has implemented a demonstration project
along an eight mile section of the 1-10 East Freeway between Waco and Uyalde streets.
The project restricts trucks (defined as vehicles with three or more axles) from using the
inside (left) lane of the freeway between the hours of 6:00 A.M. and 8:00 P.M. on
Mondays through Fridays; however, the lane may be used for the purpose of passing
another yehicle. A violation of the lane restriction is punishable by a fine of up to $200.
TxDOT provided funding for a study by the Texas Transportation Institute (Tn) to
monitor and evaluate this demonstration project. This prqject summary briefing presents
summarized results of this eyaluation.
Comoliance
The compliance of the lane restriction was measured by monitoring the yehicle
traffic in the inside lane at three locations within the limits of the demonstration project.
The studies were completed prior to implementation of the restriction (September 2000),
and at intervals of one-month (November 2000), three-months (January 2001), and six-
months (April 2001). The compliance rate is determined by comparing the volume of
trucks observed in the inside lane prior to the restriction with that observed for each of the
monitoring periods. The observed compliance rates are identified below:
Location
Compliance Rate of Restricted Lane
1-10 EB @Kress
1-10 WB @Kress
1-10 EB @ Wayside
1-10 WB @ Wayside
1-10 EB @ Federal
1-10 WB @Federal
Nov 2000
34%
35%
85%
90%
77%
85%
Jan 2001
61%
59%
91%
91%
71%
84%
April 2001
69%
71%
87%
90%
A yerage
55%
55%
88%
90%
74%
85%
Enforcement
Enforcement of the lane restriction has been an important component of the
success of the demonstration project. Through May 2001, a total of852 citations were
issued to yio1ators. On the average, 20% have been issued to local drivers (those listing a
home address in the immediate Houston area), 39% to drivers residing throughout Texas,
and the remaining 41 % to drivers residing in other states. These percentages have
continued to be consistent throughout the entire study period. This continues to
demonstrate the positive impact the local media has had on getting the information out to
the public and truck drivers in the Houston area.
Vehicle Crashes
e
e
According to Department of Public Safety records for 1998, a total of39I vehicle
crashes were noted to haye occurred within the approximate 8-mile length ofihe project.
That averages out to about 7.5 crashes per week. Using accident information proyided by
the Houston Police Department, during the 36-week period of the truck lane restriction, a
total of 87 crashes have been reported; this translates to an ayerage of 2.9 crashes per
week. Because of the various factors causing vehicle crashes on Houston freeways, it is
difficult to draw any conclusions from crash data for a short period of time. Typically, a
time period of I-year is necessary to draw any conclusions from analyses of crash data
from the same sources. However, based upon the data available at this time, the total
number of crashes on this section of freeway has been decreased by 68% since the lane
restriction was implemented.
Public Qoinion
The public perception was measured by surveying opinions via an Internet based
survey as well as by distribution of postcard type surveys in the field. The results of these
are summarized below.
Summarized Survey Results from Truck Driyers
Survey Questions
Yes - No
L ,
freeway on a regular basis? 2'-
restriction? 3.
has increased because of this lane restriction? 4. '
safer without trucks in the inside lane? 5. '
advising you of the lane restriction is adequate? 6.
your route because of the lane restriction?
30% - 70% 30% - 70% 30% - 70%
50% 67% - 33% 42% - 5S% 37% - 63%
Summarized Survey Results from Automobile Drivers
Survey Questions
Yes - No
1.
freeway on a regular basis? 2.
restriction? 3.
in your trips now that IS-wheelers are restricted? 4.
has been reduced by this lane restriction? 5.
safer without trucks in the inside lane? 7.
restriction?
33% 59% - 41% SO% - 20% S5% -15%
19% 76% - 24% 90% - 10% 93% -7%
Findin2S
Handout Yes - No
Internet
Do you travel this section of
Are you aware of this lane
Do you feel that your trip time
Do you feel that the freeway is
Do you feel that the signing
Have you considered changing
96% - 4% 91% - 9% 30% -70%
90% - 10% 93% -7% 500/0'-
Handout Yes - No
Internet
Do you travel this section of
Are you aware of this lane
Do you use the inside lane more
Do you feel that your trip time
Do you feel that the freeway is
Do you agree with this lane
92% - S% S5% - 15% 67% .
65% - 35% 90% - 10% SI%-
e
e
In summary, the demonstration project of restricting the left lane from trucks
along the 1-10 East Freeway has proven to be successful. Compliance rates have
increased to average between 70-90%. Levels above 70% are termed as acceptable while
those at 85% or higher are desirable and considered as a high-level of compliance. The
high degree of compliance is also a reflection of the enforcement actiyities within the
corridor. With only 20% of violators being local driyers, the more frequent users of the
roadway are well informed and comply with the restriction. Although there are seyeral
factors which affect crash rates, the lane restriction likely had a role in reducing vehicle
crashes by 68% along the freeway mainlanes during the 36-weeks which haye been
monitored. The traffic studies also determined that there was no significant impact on the
frequency of lane changing or traffic patterns as a result of the lane restriction. About
90% of motorists surveyed were aware of the lane restriction and around 90% of
automobile users were in favor of the project. Although the majority of truck drivers felt
that the restriction did not significantly impact their travel, they did raise several issues of
concern which may require investigation by TxDOT.
In closing, although the lane has shown to have been a successful endeavor along
the test section of the 1-10 East Freeway, it should not be blanketly deployed on all
freeways throughout Houston. Each freeway should be evaluated indiyidually
considering truck volumes, traffic congestion, roadway geometrics, as well as
enforcement. The restrictive lane can only be successful on a specific roadway if
adequate enforcement is made ayailable.
'-
e
e
La Porte Police Department
915 So 8th Street
La Porte, Texas 77571
281-471-3810
Fax: 281-470-1590
Richard E. Reff
Chief of Police
Robert T. Herrera
City Manager
To:
From:
Date:
R.T. Herrera, City Manager
R.E. Reff, Police Chief
06/03/02
Subject:
Lane Use Restriction for Trucks on Portions of SH 225
This is a review of our actions to request lane restrictions for trucks on SH 225 from the City
limits to the Sens Road overpass.
On April 1, 2001 a meeting of the Chiefs, Chief Corrales attended in my absence, from Houston,
Deer Park, Pasadena, and TXDOT was held to discuss this particular issue. At that time Sally
Wegmann stated that they would need a letter from the Mayor stating they would like the lane
restriction program to expand to SH 225. Every agency would have to request this restriction for
TXDOT to consider this. In addition to the letter, they requested a copy of a proposed ordinance
from the City that would be presented to the respective City Councils after a Public Hearing had
been held. TXDOT provided the wording and proposed format for that ordinance. At this same
meeting it was discussed that perhaps a joint Public Hearing could be held to meet the Public
Hearing requirements. Pasadena offered to host that meeting when we reached that point.
As we discussed earlier a letter was drafted for Mayor Malone to sign and the proposed ordinance
drawn up based on their "model" regarding lane restrictions on SH 225 between the City limits of
La Porte on the west and the Sens Road overpass on the east. The restriction would have to end
at Sens Road to allow trucks to change lanes to take Hwy 146 north. In addition this lane
restriction only applies to peak traffic hours, between 6:00 a.m. and 8:00 p.m., and on work days
(defmed as Monday through Friday, except City Holidays). A copy is attached.
These documents were requested immediately and were forwarded to TXDOT on April 9, 2001.
The next step was to await TXDOT to receive all of this information from each of the Cities
involved, for them to review them and then have the Public Hearing.
I have been waiting to hear from TXDOT as to when we could proceed with the Public Hearing
process. Steve Gillet was forwarded a letter to Mayor Riddle regarding this issue dated 04/30/02.
Steve contacted me and provided me a copy of the letter. I called Sally Wegmann to determine
what the current status was regarding the lane restriction process. Mrs Wegmann advised that
Baytown was holding up the process pending their election. She did advise that the TXDOT
Attorneys have told her that each City involved must conduct their own Public Hearing then
TXDOT would hold a multi-entity Public Hearing. After that joint hearing they would then
approve/disapprove the lane restriction request. If approved then the respective City Councils
would then pass the proposed ordinance.
e
e
Sally Wegmann advised that we could go ahead and conduct our own Public Hearing of the issue.
We would then forward a copy of the Council Agenda, a tape or transcript of the hearing, and a
letter from the Mayor or City Manager stating they did in fact conduct the Public Hearing to her.
She would then collect all of the Cities involved Public Hearing information and then schedule
the TXDOT Public Hearing.
Pasadena may still host the Multi-entity Public Hearing for TXDOT, but we can now move
forward and conduct our own Public Hearing to meet the necessary requirements.
I will be coordinating with Steve Gillett to insure that he is aware of the current status and kept up
to date.
e
e
City of La Porte
Established 1892
April 8, 2002
Mr. Gary Trietsch
Texas Department of Transportation
P.O. Box 1386
Houston, TX 77251.13-86
Ref: Establishment of Lane Use Restrictions for Trucks on Portions of S. H. 225
Dear Mr. Trietsch:
In light of the finding on the evaluation of the 1-10 East Freeway lane Restriction Demonstration
Project report dated September 2001, I am formally requesting that the truck lane use restriction
program be expanded to include the portions of S. H. 225 that lie within the city limits of La
Porte, on weekdays :from 6:00 A.M. and 8:00 P.M., excluding holidays.
I understand that the expansion of the truck lane use restriction program to S. H. 225 will also
require the adoption of the restriction by the cities of Houston, Deer Park, and Pasadena. I further
understand that the City of Pasadena will host a joint Public Hearing on this matter in the future
and the City of La Porte will participate in this Public Hearing.
I am enclosing for your review a copy of the proposed ordinance that would establish lane use
restriction for that portion of S H. 225 that lies within the City of La Porte.
I appreciate your assistance in implementing this project and look forward to working with
TXDOT to enhance the safety on our highways.
)J~~
Norman Malone
Mayor .
P.O. Box 1115 · La Porte. Texas 77572-1115 · (713 )471-5020
e
e
City of La Porte, Texas, Ordinance No. 2002-
AN ORDINANCE ESTABLISHING LANE USE RESTRICITIONS FOR TRUCKS
UPON A PORTION OF STATE HIGHWAY 225; DECLARING CERTAIN CONDUCT
TO BE UNLAWFUL AND CONTAINING FINDINGS AND OTHER PROVISIONS
RELATING TO THE FOREGOING SUBJECT; PROVIDING FOR SEVERABILITY;
AND DECLARING AN EMERGENCY.
WHEREAS, the City Council desires to establish lane use restrictions for trucks upon a
portion of State Highway 225 within the City pursuant to Section 545.0651 of the Texas
Transportation Code; and
WHEREAS, a description of the restrictions established in this Ordinance has been
provided to the Texas Department of Transportation pursuant to Section 545.0651(d) of the Texas
Transportation Code; and
WHEREAS, the Executive Director of the Texas Department of Transportation or 'the
Director's designee has, based upon traffic study and the criteria established in Section 545.0651
of the Texas Transportation Code, approved the restrictions established in this Ordinance; and
WHEREAS, the City Council finds that the interests of the health, safety, and welfare of
the public will be served by adopting the restrictions set forth in this Ordinance; NOW,
TIlEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1. That the findings contained in the preamble of this Ordinance are determined
to be true and correct. As evidence thereof, documents establishing the approval described in the
Preamble of this Ordinance have been incorporated into this Ordinance and made a part hereof as
Exhibit A.
Section 2. That, as used in this Ordinance, the following terms shall have the meanings
ascribed in this Section:
Authorized lanes means the two controlled access lanes on each side of the State
Highway 225 (eastbound side and westbound side) that are most immediately to the right
of the left-hand (or inner) controlled access lane.
Designated portion of State Highway 225 means that portion of State Highway
225 between the point at which the corporate limits of the cities of Deer Park and La
Porte abut on the West and the intersection of Sens Road overpass on the East.
Peak traffic hours means the hours between 6:00 a.m. and 8:00 p.m.
e
e
Truck means a ''truck'' as defined in Section 541.201 of the Texas Transportation
Code that has three or more axles or a ''truck tractor" as defined in Section 541.201 of the
Texas Transportation Code, regardless of whether the truck tractor is drawing another
vehicle or trailer.
Workday means Monday through Friday, holidays observed by the closure of
City of La Porte offices excepted.
Section 3. Any person driving of operating a truck on the designated portion of State
Highway 225 during peak traffic hours on any workday shall not utilize any controlled access
lane other than the authorized lanes.
Section 4. That enforcement of this Ordinance is subject to Section 545.0651 of the
Texas Transportation Code, and the prohibition established in Section 3 of This Ordinance shall
not be effective during any period of suspension or revision of approval by the Executive Director
of the Texas Department of Transportation or the Director's designee as provided in Subsection
(t) of Section 545.0651 or during any period when traffic control devices that are required to be
erected and maintained by the Texas Department of Transportation pursuant to Section 545.0651
are not in place, nor shall the provisions of this Ordinance be construed to prohibit operation of a
truck in a lane other than an authorized lane for the purpose of entering and exiting the Highway.
The provisions for the Section 4 shall constitute defenses to prosecution under this Ordinance.
Section 5. Violation of this Ordinance is unlawful, and any yiolation shall be punishable
by a fine of not less than $1 nor more than $200 as provided in Subchapter D of Chapter 542 of
the Texas Transportation Code.
Section 6. That, if any provisions, section, subsection, sentence, clause, or phrase of this
Ordinance, of the application of same to any person or set of circumstances is for any reason held
to be unconstitutional, void or invalid, the validity of the remaining portions of this Ordinance or
their application to other persons or sets of circumstances shall not be aftcted thereby, it being
the intent of the City Council in adopting this new Ordinance that no portion hereof or provision
or regulation contained herein shall become inoperative or fail by reason of an)Constitutionality,
voidness or invalidity of any other portion hereof, and all provisions of this Ordinance are
e e
declared to be severable for that purpose.
Passed and Approved this day of April, 2002.
CIlY OF LA PORTE
By:
Mayor
ATTEST:
City Secretary
APPROVED:
City Attorney
, 6,1-.0-;- 7'{Ltt ~ ~( c::~~ cJn:-f-1-- J~
*e. .. .0\ 0?e{.'~4:0V
I Texas Transportation Commis~ion
125 E.'11TH STREET. AUSTIN. TEXAS 78701-2483
May 29, 2002
JOHN W. JOHNSON
COMMISSIONER
OF TRANSPORTATlOI\I
The Honorable Norman Malorie
Mayor
City of La Porte
604 W. Fairmont Pkwy.
La Porte, TX n571 '
-,
1 RECEIVED
jUN 0 7 2002
CITY SECRETARY'S
OFFICE
'-
Dear Mayor Malone:
The City of Houston is qoing something that ninety percent of its drivers like: restricting large
trucks from the left lane. The initial results of Houston's test along IH 10 ,show that accidents
,have been reduced by ~bdy-eight percent and drivers wOuld like to'$ee it expanded to other
freeways. I wanted to let you' know:so you can consider bringing this innova,tive 'program to
your city. " , " '
, '
The Houston undertaking is possible bec;:ause the Texas Legislature passed Senate Bill n3
in 1997 by Senator Jon Lindsay, t:lIIowing municipalitiest~'proposelane restrictions on certain
portions of the state highway system. A muniCipality, by ordinance, 'may restrict'through
traffic to two designated lanes by vehicle Class on a portion of the state highway system
having three or more I~nes in each direction of travel. '
The Texas Department of Transportation (TxDOT) would like to ensure that you are aware of
this benefidal option to improve congestion and safety. The law requires a municipality to
work with TxPOT in developing lane restricijons and our agency must approve the proposal
before enforcement begil'Js. Once the program is 'approved, we are responsible for the
placel'!1ent and maintenance of all traffic control devices associated with the restriction.
Enclosed you will find a summary of the program and the rules used to implement it Should
your city be interested in exploring a iane restriction, or need any additional information, the
professionals at the department are ready to assist. ,Please feel free to contact Carlos Lopez,
, Director ofTrafficOpera~ions at (512) 416-3200.
on
Commissioner of Transportation
Attachments ,
cc: The Honorable Florence Shapiro, Chair, Senate State Affairs Committee
Senator Jon Lindsay, Texas Senate,
Houston-Galveston Area Council
Carlos Lopez, P.E., Director, Traffic Operations Division
Gary Trietsch, P.E., Houston District Engineer, TxDOT
An Equal Opportunity Emplover
e
e
Texas Administrative Code
TITLE 43 TRANSPORTATION
'ART 1 TEXAS DEPARTMENT OF TRANSPORTATION
~HAPTER 25 TRAFFIC OPERATIONS
SUBCHAPTER J MUNICIPAL RESTRICTIONS ON USE OF STATE HIGHWAYS
S25.601 Purpose
Transportation Code, ~545.0651 authorizes a municipality by ordinance to restrict through traffic, by class of vehicle, to
two designated lanes of traffic in the municipality. Section 545.0651 requires a municipality to submit a description of the
proposed restriction to the department for review and approval prior to adopting the ordinance. This subchapter prescribes
responsibilities of municipalities relating to restricting use of a highway within the municipality to designated Itll1es, and
requirements for obtaining department approval of those restrictions. This subchapter does not apply to the rOllting of over-
size or overweight vehicles for which a permit is issued under Transport~tion Code, Chapter 623 and Chapter 28 of this
title (relating to Oversize and Overweight Vehicles and Loads).
S25.602 Definitions
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clear-
ly indicates otherwise:
(1) Class of I'e/licle-AII or any of the types of vehicles, machines, tractors, trailers, or semitruilers, or any comhina-
tion thereof, propelled or drawn by mechanical power and used on a highway. A class of vehicle includes, but is not
limited to:
(a) a semitmiler;
(bl speci~ll mobile equipment;
(c) a trailer; or
(d) a truck.
(2) COlnl1lissioll- The Texas Tnmspottation Commission.
(3) COlltrtJlled access facility-As defined in Trunsportation Code, ~203.00 I, a designated state highway to or from which
access is denied or controlled, in whole or in pmt, from or to adjoining real property or an intersecting public or priv<ltc
way, without regard to whether the designated state highway is located in or outside a municipality.
(4) lJepartment- The Texas Department of Transportation.
(5) District-One of 25 geographical areas, managed by a district engineer, in which the department conducts its primaty
work activities.
(6) Executive Director- The executive director of the Texas Department of Transportation or his or her designee.
(7) Highway-A public roadway that:
(a) is in the designated state highway system;
(b) is designated a controlled access facility; und
(c) has a minimum of three travel lanes, excluding access or frontage roads, in each direction of trdffic.
(8) MUIJicipality-A home-rule, geneml-Iaw, or special-law municipality, incorporated under the laws of the state of Texas.
(9) Stale highway system-TIle system of highways in the state included in a comprehensive plan prepared by the executive
director with the approval of the commission, in accordance with Transportation Code, ~201 .103.
S25.603 Development of Proposed Restriction
(a) Costs. Each municipality is responsible for all costs related to restriction development, including proposal prepara tion,
public hearings, and public information announcements regarding the ordinance enforcing the restriction.
(b) lllitilll cOlltact. A municipality evaluating whether to establish an ordinance shall contact and coordinate with the local dis-
trict office of the department and with any municipality with contiguous corporate boundaries. Coordination with the local
metropolitan planning orgunization and the local emergcncy planning councilor committee is encouraged.
e
e
(e) Route allalysis alld ordillallce formulatioll. A municipality intending to establish an ordinance that restricts through
traffic by class of vehicle to designated lanes shall fully comply with all of the standards and factors listed in
Transportation Code, ~545.0651. Those standards and factors require an ordinance to:
(1) apply only to a highway as defined in Transportation Code, *545.0651, and this subchapter;
(2) be in effect only during peak traffic hours of a workday;
(3) allow a restricted vehicle to use any lane of the highway to pass another vehicle and to enter or exit the highway;
and
(4) designate lane restrictions, to the greatest extent practicable, on the same lanes as a contiguous municipality
when the lane restrictions end at the municipality's incorporated boundaries.
(d) Local public hearillg. A municipality shall hold at least one public hearing on any proposed ordinance that restricts
through traffic by class of vehicle to designated hmes. A city council meeting that conforms with all applicable state
laws governing public meetings, including the Texas Open Meetings Act, Government Code, Chapter 551 ,and which
allows the public to comment on the proposed ordinance at the meeting will satisfy the requirements of this subsection.
Public notification of the hearing shall contain a complete description of the proposed restriction, including the location,
route numbers, and beginning and ending points of the restriction.
(e) Proposal submissio1l. A municipality that has drafted a proposed ordinance that restricts through traffic by class of
vehicle to designated lanes, and has conducted a public hearing in compliance with subsection (d) of this section,
shall submit six copies of the proposed ordin~nce to the department for approval. The proposal shall be submitted
to the local district office of the department. and shall include:
(1) documentation demonstrating compliance with Transportation Code, ~545.0651, and this subchaptet';
(2) two original plan views of the roadway and a complete description of the proposed restriction; ,
(3) a signature of apPl'Oval by an authorized official of the municipality such as the mayor, city manager, or an
c'luivalcntlevel of authority; and
(4) a written transcript of any public comments received conccming thc pt'oposcd ordinance.
(I') Proposal reJ,icw. The department, when reviewing a proposed ordinance and evaluating thc impact of a proposed
restriction, shull comply with the requirements of Tnlllsportation Code, *545.0651, and this subchaptcr. The department
:;hall also ensure a systems approach in order to preclude Ihe designation of inconsistent lane restJictions among udjacent
municipalities. To be approved, a proposed restriction is subject to the following requirements and restrictions:
(1) A proposed ordinance must be in cireet only during peak traffic hours of a workday.
(2) Thc ordinunce must allow a restricted vehicle to use any lane of the highway to pass another vehicle and to enter
and exit the highway.
(3) The department will conduct a traftic study to evaluate the impuet of the proposed restriction. Any restriction
must not increase the eX,isting level of congestion as detennined by lJighway capacity analysis.
(4) Contiguous municipalities must consult each other when desig~lating restrictions that end C\t a municipality's
incorporated boundaries. To the greatest extent practicuble. all lane restrictions shall be designated on the same
lanes in each municipality.
(g) Public illv(JIJ'ement. The department shall provide the public with notice of a proposed ordinance by publishing a notice
in the Texas Register. The notice will provide a complete description of the proposed restriction, shall infonn the public of
a 3D-day public comment period. and shall inform the public where to send any written commcnts conccming the restric-
tion. Except as provided in subsection (h) of this section. if the comments received WaIT"dnt further public consideration,
the depaJ1ment may conduct a public hearing to receive additional comments on the proposed ordinance. If a public hear-
ing is to be conductcd. the dcpartment will publish appropriate notice in the Texas Register at least 10 days prior to the date
of the hearing, Public hearings under this subsection shall be hcld in the local district office.
(11) Public hearillg illvoMllg multiple prlJposaL... If contiguous municipalities each submit proposed ordinances con-
taining lane restrictions that apply to the same highway route, thc department shall hold at least one public hearing on
the proposed ordinances. The requirements of subsection (g) of this section relating to public notice, location. and con-
duct of the hearing shall apply to a public hearing under this subsection.
2
e
e
(i) Authorizatioll alld approI1al.1f the department determines that an ordinance has met all of the critelia in subsection
(t) of this section, the department will notify the municipality in writing that the proposed ordinance is authorized and
approved. A municipality that is issued a letter of authorization und approval shall formally designate the routes affect-
ed by ordinance and shall forward a copy of the adopted ordinance to the department.
(j) Disappr0l1al alld appeal.
(1) If a proposed ordinance is disapproved, the department will notify the municipality in writing of the reasons
for disapproval.
(2) If the executive director designates another department official, such as the district engineer of the local district
office, to evaluate and approve a proposed ordinance, a municipality may submit an appe.\I of a disapproved
ordinance to the executive director. If no designation is made, the decision of the executive director is final.
(k) Ordinance Sigllillg. After upproval of the restriction and passage of the ordinance, but prior to enforcement of the
restrictions, the depmtment shall provide, install, and maint~\in appropriate traffic control devices along the restricted
route, in accordance with Transportation Code, ~545.0651 (g).
(I) Suspellsioll or rescissioll of ordillance approval. The executive director may suspend or rescind approval of an ordi-
nance restricting through traffic by class of vehicle to dcsignated lanes of a highway. Prior to suspension or rescission
of approval, the department will notify the appropriate authorizcd officials of the municipality. A municipality may
appeal a suspension or rcscission to the executive director if authority to suspend or rescind an approved ordinance has
been delegated to ~lI1other department offici,l\. Otherwise, the decision of the executive director is final. The department
may suspend or rescind approval for the following reasons:
(1) changes in pavement conditions;
(2) changes in tl"d.ffic conditions;
(3) geometric changes in roadway configuration;
(4) construction or maintenance activities; or
(5) emergency or incident management.
Source Note: The provisions of this *25.603 adoptcd to be effective February 19, 1998,23 TcxReg 1326.
3
~
l'RIxa" Department ofTrsnsportotlon
e
e
RESTRICTED TRUCK LANES PROGRAM SUMMARY
This program. allows for the dedication of truck lanes by municipalities who have
adopted an ordinance and received approval from the Texas Department of
Transportation (TxDO'I). Municipal restrictions can only be made on a roadway of
the state highway system that is a controlled-access facility and has a minimum of
three travel lanes in each direction. Municipalities, by ordinance, can restrict, by class
of vehicle, through traffic to two designated lanes of a highway in the municipality.
The ordinance must be in effect only during peak travel hours and must allow a
restricted vehicle to use any lane of the highway to pass another vehicle or to enter
and exit the highway. Ordinances are not in effect until traffic control devices are in
place and TxDOT has approved the ordinance. Department approval is contingent
upon a traffic study performed by TxDOT. Department approval must also ensure
a systems approach to preclude the designation of inconsistent lane restrictions
among adjacent municipalities. TxDOT may suspend or rescind its approval for
various reasons. These reasons include a change in pavement conditions, a change in
traffic conditions, a geometric change in roadway configuration, construction or
maintenance activity, or emergency or incident management.
~~
I Texas Department of Transportat/on
e
e
e
e
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested Au~ust 12 2002
Requested By: J. Armstron V. .K;eupper/M, U1l1ett
Appropriation
Source of Funds:
Department:
LegaVPlanning/CSO
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
,-. . .- -,
Amount Requested:
Exhibits: Exhibit A. B & C
Budgeted Item: YES NO
Exhibits: Pnhlic Hearing Notice
SUMMARY & RECOMMENDATION
The attached map and polling locations outlined in the Ordinance, are the recommendation of the City Council
Redistricting Subcommittee. This committee met on several occasions and worked closely with staff to revise the
previously submitted Redistricting plan.
It is being recommended the number of polling locations be reduced from 6 to 2 as outlined in the Ordinance. In
addition, it is being recommended that early voting hours be extended by adding the fIrst Saturday during the early
voting period from 8:00 a.rn. to 5:00 p.rn.
Action Required bv Council:
Approved the attached Ordinance, map, polling locations and early voting hours.
Approved for City Council Aeenda
City Manager
811 h.<
Date / I
e e
Exhibit A
Other
Population
Native Hawaiian
or other Pacific
Islander
Population
Asian
Population
American
Indian or
Alaska Native
Population
Black or
African
American
Hispanic
Population
TOTAL White
POPULATION Population
TRACT &
BLOCK
Population
65
0,96%
2
0.03%
79
1.17%
25
0,37%
243
3,59%
1,407
20,79%
4,946
73,09%
6,767
100%
Summary By District:
OIST 1 TOTALS
PERCENTAGES
e
99
34%
8
0,11%
131
78%
29
0,39%
80
2.44%
1,645
22,34%
5,271
71,59%
7,363
100%
OIST 2 TOTALS
PERCENTAGES
61
16%
1
7
0,13%
1
36
0.69%
28
0,53%
163
3,11%
760
14.49%
4,191
79.8~1%
5,246
100%
OIST 3 TOTALS
PERCENTAGES
1
8
0,63%
-
0,00%
8
0,63%
3
0,24%
554
43,86%
279
22,09%
411
32,54%
1,263
100%
OIST 4 TOTALS
PERCENTAGES
74
1.42%
3
0,06%
20
0.38%
30
0,58%
364
7,00%
1,250
24,02%
3,462
66,54%
5,203
100%
OIST 5 TOTALS
PERCENTAGES
-
87
44%
1
0,02%
70
16%
16
0,26%
437
7,24%
1,179
19,53%
4,248
70,35%
6,038
100%
OIST 6 TOTALS
PERCENTAGES
394
24%
1
1
21
0,07%
344
08%
1
1
131
0.41%
1,941
6,09%
6,520
20.45%
22,529
70.67%
31,880
100%
CITY TOTALS
PERCENT
e e
Exhibit B
e
e
DISTRICT 1
Beginning at the intersection of the Union Pacific Railroad and "Old" Underwood Road;
Thence south along Underwood Road to the north boundary line of the Creekmont subdivision;
Thence east along the north boundary line of the Creekmont subdivision to Big Island Slough;
Thence south along Big Island Slough to Meadow Place as projected west;
Thence east along Meadow Place to the west boundary line of the La Porte Airport;
Thence north along the west boundary line of the La Porte Airport to the north boundary line of the La
Porte Airport;
Thence east along the north boundary line of the La Porte Airport and continue to project east along this
same line to Sens Road;
Thence north along Sens Road to the Union Pacific Railroad;
Thence west along the Union Pacific Railroad to Underwood Road the point of Beginning
e
e
District 2
Beginning at the intersection of Underwood Rd. and Spencer Highway:
Thence west along Spencer Highway to the west La Porte City Limit Line west Of Luella Blvd.;
Thence south along the west La Porte City Limit Line to Fairmont Parkway;
Thence east along Fairmont Parkway to Underwood Rd.;
Thence north along Underwood Rd. to Spencer Highway the point afbeginning.
e
e
DISTRICT 3
Beginning at the intersection of Underwood Road and the north boundary line of the Creekmont
subdivision;
Thence south along Underwood Road to Fainnont Parkway;
Thence east along Fainnont Parkway to Big Island Slough;
Thence north along Big Island Slough to Spencer Highway;
Thence east along Spencer Highway to Glen Meadows Drive as projected south;
Thence north along Glen Meadows Drive to Meadow Place;
Thence west along Meadow Place, as projected west to Big Island Slough;
Thence north along Big Island Slough to the north boundary line of the Creekmont subdivision;
Thence west along the north boundary of the Creekmont subdivision to Underwood Road the point of
beginning.
e
e
DISTRICT 4
Beginning at the intersection of Union Pacific Railroad and Sens Road;
Thence south along Sens Rd. to the north boundary of the La Porte Airport as projected east;
Thence west along the projected north boundary line of the La Porte Airport to the east boundary line of the
Airport;
Thence south along the east boundary line of the La Porte Airport to Spencer Highway;
Thence east along Spencer Highway to the Union Pacific Railroad;
Thence south along the Union Pacific Railroad to Fainnont Parkway;
Thence east along Fainnont Parkway to South Broadway (Old Hwy 146);
Thence north along South Broadway to East "G" St;
Thence northeasterly along East "G" S1. to South Iowa;
Thence northwesterly along South Iowa to East "F" S1.;
Thence northeasterly along East "F" S1. to South Ohio;
Thence northwesterly along South Ohio to East "E" S1.;
Thence northeasterly along East "E" St to the northeast La Porte City Limit line;
Thence northwesterly along the northeast La Porte City Limit line to North "E" St.;
Thence west along North "E" S1. to North Blackwell;
Thence north along North Blackwell to Barbours Cut Blvd,;
Thence west along Barbours Cut Blvd. to North Broadway;
Thence north along North Broadway to Union Pacific Railroad;
Thence west along the Union Pacific Railroad to Sens Rd, the point of beginning.
e
e
DISTRICT 5
TRACT ONE
Beginning at the intersection of East "E" S1. and the Northeast La Porte City Limit Line;
Thence southeasterly along the La Porte City Limit Line to the shoreline of Galveston Bay;
Thence southerly along the shoreline of Galveston Bay to the southern La Porte City Limit Line and the
northern Shoreacres City Limit Line;
Thence west along the southern La Porte City Limit Line to the west right -of-way line of State Highway
146;
Thence north along the west right-of-way line of State Highway 146 to McCabe Rd,;
Thence west along McCabe Rd, to Union Pacific Railroad;
Thence north along Union Pacific Railroad to Fainnont Parkway;
Thence east along Fainnont Parkway to South Broadway (Old Hwy 146);
Thence north along South Broadway to East "G" St.;
Thence northeasterly along East "G" S1. to South Iowa;
Thence northwesterly along South Iowa to East "F" St.;
Thence northeasterly along East "F' St. to South Ohio;
Thence northwesterly along South Ohio to East "E" S1.;
Thence northeasterly along East "E" S1. to the northeast La Porte City Limit Line the point of beginning.
TRACT TWO
Beginning at the intersection of South Broadway (Old Hwy 146) and the City of Shoreacres southern city
limit line;
Thence east along Shoreacres southern city limit line to the shoreline of Galveston Bay;
Thence southerly meandering the shoreline of Galveston Bay to the southernmost La Porte city limit line;
Thence west along the southernmost city limit line to South Broadway (Old Hwy 146);
Thence north along South Broadway to the southern city limit line of City of Shoreacres being the point of
beginning.
e
e
DISTRICT 6
Beginning at the intersection of Big Island Slough and Spencer Highway;
Thence south along Big Island Slough to Fainnont Parkway;
Thence east along Fairmont Parkway to the Union Pacific Railroad;
Thence north along the Union Pacific Railroad to Spencer Highway;
Thence west along Spencer Highway to the east boundary line of the La Porte Airport;
Thence north along the La Porte Airport east boundary line to the north boundary line of the airport;
Thence west along the La Porte Airport north boundary line to the west boundary line of the airport;
Thence south along the west boundary of the La Porte Airport to Meadow Place as projected east;
Thence west along Meadow Place to Glen Meadows Dr;
Thence south along Glen Meadows Dr. and as projected south to Spencer Highway;
Thence west along Spencer Highway to Big Island Slough the point of beginning.
e e
Exhibit C
e
e
TO BE PUBLISHED ON THE 28TH DAY OF JULY, 2002 IN THE BAYSHORE SUN
THE STATE OF TEXAS)
COUNTY OF HARRIS )
CITY OF LA PORTE)
NOTICE OF PUBLIC HEARING
A Public Hearing to discuss re-districting six single member City Council
Districts for the City of La Porte; to establish a polling place for early yoting; and to
establish two polling places for election day; and to establish dates and hours for early
yoting; will be held on Monday, August 12, 2002, before the City of La Porte City
Council in the City Council Cha.riJ.bers at City Hall, 604 W. Fairmont Parkway, La Porte,
Texas beginning at 6:00 p.m.
A map showing the boundaries proposed by the City Council Redistricting
Committee for the six single member City Council Districts can be examined at the office
of the City Secretary, City Hall, La Porte, Texas.
Any person or group may submit a proposed plan for the six single member City
Council Districts on or before the public hearing. Any plan submitted should not operate
to dilute the voting strength of racial or language minority citizens, should be based on
2000 census geography and statistics or other reliable source, should be composed of
territory that is contiguous and reasonably compact, and should preserve historic
boundaries and recognize clearly identifiable community interests to the extent possible.
CITY OF LA PORTE
Bruce Meismer
Chairman, City Council Redistricting Subcommittee
L/!Y1a~~ O. Uat/,
Martha A. Gillett, TMR:C
City Secretary
//
CITY OF
PASADENA
"-
-
~";:"\..."
l' 3 ~I ~:~';~}~::T': ~_<~'~.~.~~~~~l~
~~""~ ~~~~~~"~ ~" '~,~~~: ~~
~~ ~ ~~.' IL~~,,~ ;'~~~"'~\~1~ '
~ ~.~ -~~' ',~~~.I
-.. ~~~'\~"'''~~~\~~'
.~ ~ ; :O"...""lN """""'. ,""~"Y.~' ~ ~_. ~~,
.~ .~~~ ~,~~.~,""'''~u~,~.,,'~~ "','\.,'~~. ~~~
~ ~ .~ ~""~I~""",~ ,'~~~-' -~ ' ~'Jr'Ill~~~. .'~~~
~ ~ ~ '" N "'. ~',,,,,," ""'it ". ;fJl!~:~~,,'i& -,:"*,,,,
~ ~ ," '" ~1 ,,,,,,,,,,,.,,,,,~,,,,,,,,, '~~~"'~~~ ~~~ ~~""~ltJ\~~~~~~~\~~ ~ ~,"}~~~~
~~ ~~".,.,,~.....,~\: \ *~~~~'R'{~':~ \.'~:);~"~~~~~~ ~~ ~;,~~~: ~ ~"""~"','0~~:-.; ~ ~'\; ~~~'\" '-,~;,;~~~
- ~~~ "': - ~'~"~ ~~~~~~~',",",~~~.~~~~~~.~~~~'fl~~
I ~ ~ ~~ ~ ~'~ ,~~.~~~ ~\~~:.~~~" ~~~ ~~ ~"W ~''''\~~~'';''':''''Z~\.'''Z~~~~~ ,K~,~~{\.~'~~""""~"'~~'
y "I ~~ " ~ \%.~~\~~. ~~' ""~~~~~~~~"~~~*'~'t:~~"'~~~~' ~~~~~~(~~~~
, t I ,~ '~,~ ~~ ~~,~ ,~....~ ,,~ f}"-':~~'" ':'~~~~\~,20':.~~~~~~"~~~"'~~ ,~~~,*:~:~~~'~*
... ~ ~~ ~' ,'~ ~'\: \.' " ~ ~ ,,,,,:;;..'\.' ~{..~\., ,,~~,,' ~~~'~~}'~ ~~~ ~ "'~~~ ~ ~,~":~,::--.,,,,&,-~ ~"&
I ~~~~.. \. ,~~~~ ~~",'>>.'\~,~~,~.~~ \.~'-~"~'~~"\.~'" "'~~~~~~~"''*'~::;'~~---~?f~l'f~~'~~~'~~~~~~
f;~;d ..-"':..~ ; ~ ~'\.. ,I< _~, ~,,"''''~.~ ~""": '''':-:~~,. ,"w "'~~"~~~_~'~~~ ~~~~"~~~~~~~~~~
r . u--. '''-'''' ~ ;;..~ ~~. ",-." ,,,,,~'t:,,*,"""'''''' """~~'~'if'~~~'{,~'~" ", .;"",~",~~~~"
;.. I'-:~ ~,~~" " ~~ , ~~~ ~~"'~' ,,~'''''' <"-"','"" ;~' "''''1~~~~~~~'\'::.t~~~~~~~\~~~~~~~
.. ~ J i\.'X\ ~~N ~~ .. ~~. ~~~~,~~~~ ~t'2~~~I~~"""'''~~ """"",~1~~~~~}~~~"{~~~~ ~t'~~'%\"%~,;~61~'~
~p. { ~ .... ~ ;;.."'~, "o<~" . ~;$""",~j,'{,~~*'f:,."%..",-~,: ~""'~\<:i._~~~~~~~ ~~,{~_
... r-=-- ;;"'J ~., " '~~"'~'~~'~1 U'j , I~~ linta' , ".'~~~~i~____"'~~~'-;."'~"'~'>\.~'~""'~'!!''' "",~"
II: ~~~~~ ~,~~,~ .~'" ~ ~ \ ~ ~ ~ i '.~~~\~_~~~~I~\~~~~~~
-:;:: ~~~~ ~~4,ft~~~~~~%~'t~&.,\~\_~~\~~~~~
-
"I
~ ~ (d~
~
~ ."
-L
r
~2~'
-
m~~
~
-
/
~ ~~ ""'~
"\ >-::: \/ ~4 ~
~"'" ~~~,
. ~ ,~ ~f--
.. . f11~ ~--~~""
-V
BATTLEGROUND INDUSTRIAL DISTRICT
--
1
-
s:
..
.~
. :=3'~
U.
-
~J
,r.
-,- American Native
Black or Indian or Hawaiian or
African AI askll Other Pacific
District Population Ideal Variance % Variance White Hispanic American Native Asian Islander Other
1 5,582 5,313 269 5,06% 4,093 1,200 175 25 55 2 51
73,32% 21.50% 3,14% 0.45% 0,99% 0,04% 0,91%
2 5,306 5,313 (7) -0,13% 3,699 1,271 129 19 110 7 71
69,71',i, 23,95% 2.43% 0,36% 2,07% 0,13% 1.34%
3 5,550 5,313 237 4.46% 4,237 916 223 29 51 1 74
76,34% 16,50% 4.02% 0,52% 0,92% 0,02% 1.33%
4 5,054 5,313 (259) -4.870/. 2,685 1,347 908 9 53 3 49
53,13% 26,65% 17,97% 0,18% 1.05% 0,06% 0,97%
5 5,062 5,313 (251) -4,72% 3,680 931 318 33 18 - 82
72,70% 18,39% 6.28% 0,65% 0.36% 0,00% 1.62%
6 5,326 5,313 13 0,24% 4,135 855 188 16 57 8 67
77,64% 16,05% 3,53% 0,30% 1.07% 0.15% 1.26%
TOTAL 31,880 22,533 6,521 1,941 131 344 21 394
70,67% 20,45% 6.08% 0.41% 1.08% 0,07% 1.24%
--
-e
i
.--
iii
.-.
/
r
:.:.io
...
\
).
~~~
-
t
N,T,S,
CITY OF MORGAN'S POINT
GALVESTON BAY
CITY
OF
SHOREACRES
-
5
t
--
St
"'\
"'\
CITY OF
LA PORTE
d-1~
I- ~
U PI
iii
~
-
604 W FAIR MONT PKY
LA PORTE, TEXAS
77571
281-471-5020
PLANNING
DEPARTMENT
ENGINEERING
DIVISION
COUNCIL
DISTRICT
MAP
REVISIONS
PROJECT.
SHEET;
DATE
8/12/02
HCAO M,APi::
N/A
SC<lE
AS NOlED
\...
1 OF 1
..J
e
e
e
e
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Au ust 12 2002
Appropriation
Requested By:
Source of Funds:
General Fund
Department:
Fillalll:e
Account Number: 001-6146-515-5001
Report:
Resolution:
Ordinance:
xx
Amount Budgeted: 46,000
Exhibits:
Engagement Letter
Amount Requested: 15,000
Exhibits:
Ordinance
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
On July 30, 2002, the La Porte Audit Committee interviewed auditing firms for the purpose of selecting a
consultant to audit credit card transactions. After defining a Scope of Services, nine firms were
considered, and four were selected for interviews. The interviewees were:
Tiller and Company, of Bay town, Texas (represented by Mark Tiller);
Sanderson, Knox and Belt of Sugarland, Texas (represented by Robert Belt);
Patillo, Brown & Hill, of Waco, Texas (represented by James Curry); and
Mosher, Siefert, and Co, (represented by Ken Siefert),
Although all firms were well qualified, Tiller & Company was selected. A brief synopsis of the Scope of
Services is: to perform a comprehensive audit of American Express and Visa credit card transactions for
the past six years; to review credit card purchases and determine if the expenditure was undertaken for
official City business; and to determine whether expenditures complied with City purchasing and travel
policies, and any employment contract in effect at the time of the expenditure. We expect this review to
cost no more than $15,000.
Action Required by Council:
Adopt Ordinance approving and authorizing a Contract with Tiller and Company, a Professional
Corporation of Certified Public Accountants, for an Agreed Upon Procedures engagement regarding the
review of American Express and Visa credit card transactions for a six year period.
B/? loR
Date I (
e
e
ORDINANCE NO. 2002- J5ft,D
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND TILLER AND COMPANY, CERTIFIED PUBLIC
ACCOUNTANTS, TO PROVIDE INDEPENDENT AUDITING SERVICES;
APPROPRIATING NOT TO EXCEED $15, 000 .00, TO FUND SAID CONTRACT;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT,
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The Mayor is hereby authorized to execute such document
and all related documents on behalf of the city of La Porte. The
city Secretary is hereby authorized to attest to all such
signatures and to affix the seal of the City to all such documents.
City Council appropriates the sum not to exceed $15,000.00 from the
city of La Porte General Fund Auditing Account No. 001-6141-515-
5001 to fund said contract.
Section 2.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the city Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
e
e
'/,'---..
ORDINANCE NO. 2002- (tSt/V
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 12th day of August, 2002.
CITY OF LA PORTE
,J J ./',4' /", "
. '----1" . ' " ,
(/ ',' // / /:/
By: /~~~if.i';/4U~~--'
Mayor
ATTEST:
(-11{au;A~ 0 ,J<ltua!
Mar ha A. Gillett
City Secretary
/1
APPROV,ED: / ,,' // '
fJ / , ) /' /i
r~{AY fu r;d~r/A
Knox W. Askins
City Attorney
e
e
TillER ANd COMPANY
A PROFESSIONAL CORPORATION OF
CERTIFIED PUBLIC ACCOUNTANTS
August I, 2002
Chuck Engelken
City Council Audit Committee Chairman
City of LaPorte, Texas
Weare pleased to confirm our understanding of the nature and limitations of the services we are
to provide the City of LaPorte, Texas.
We will apply the agreed-upon procedures which the City of LaPorte has specified, listed in the
attached schedule, to the documentation related to certain expenditures of the City of LaPorte for
the six years ended June 30, 2002. This engagement is solely to assist the City of LaPorte in
evaluating the propriety of certain American Express and Visa credit card expenditures and the
related adequacy of documentation and to evaluate compliance with internal controls over
American Express and Visa credit card expenditures. Our engagement to apply agreed-upon
procedures will be conducted in accordance with attestation standards established by the
American Institute of Certified Public Accountants. The sufficiency of the procedures is solely
the responsibility of those parties specified in the report. Consequently, we make no
representation regarding the sufficiency of the procedures described in the attached schedule
either for the purpose for which this report has been requested or for any other purpose. If, for
any reason, we are unable to complete the procedures, we will describe any restrictions on the
performance of the procedures in our report, or will not issue a report as a result of this
engagement.
Because the agreed-upon procedures listed in the attached schedule do not constitute an
examination, we will not express an opinion on the financial impact the reviewed transactions
had or might have on the City's financial condition. In addition, we have no obligation to
perform any procedures beyond those listed in the attached schedule.
We will submit a report listing the procedures performed and our findings. This report is
intended solely for the use of the City of LaPorte, and should not be used by those who did not
agree to the procedures and take responsibility of the sufficiency of the procedures for their
purposes. Our report will contain a paragraph indicating that had we performed additional
procedures, other matters might have come to our attention that would have been reported to
you.
We plan to begin our procedures on approximately August 6, 2002, and unless unforeseeable
problems are encountered, the engagement should be completed on or around August 31, 2002.
We plan to review a draft of our report with the City's audit committee prior to issuance of our
final report. At the conclusion of our engagement, we will require a representation letter from
key management that, among other things, will confirm management's responsibility for
presenting to us all documentation they believe to be related to the expenditures in question and
1300 ROLLING BROOK / POST OFFICE BOX 563/ BAYTOWN, TEXAS 77522-0563/ (281) 427-7517/ FAX (281) 422.5013
MEMBERS OF THE AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS - THE TEXAS SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS
e
e
a statement indicating they have informed us of all significant events and circumstances related
to the reviewed expenditures that might influence their proper analysis. Our fees for these
services will be billed at $95 per hour and we estimate the hours required to complete the
engagement to range from 120 to 180 hours. You will also be billed for out-of-pocket costs such
as report production, typing, postage, etc. Additional expenses are estimated not to exceed
$80.00. The fee estimate is based on anticipated cooperation from your personnel and the
assumption that unexpected circumstances will not be encountered during the engagement. If
significant additional time in necessary, we will discuss it with you and arrive at a new hour
estimate before we incur the additional costs. Our invoice for these fees will be rendered each
month as work progresses and are payable on presentation.
We appreciate the opportunity to assist you and believe this letter and related schedules
accurately summarizes the significant terms of our engagement. If you haye any questions,
please let us know. If you agree with the terms of our engagement as described in this letter,
please sign the enclosed copy and return it to us. If the need for additional services arises, our
agreement with you will need to be revised, It is customary for us to enumerate these revisions in
an addendum to this letter. If additional specified parties of the report are added, we will require
that they acknowledge in writing their responsibility for the sufficiency of procedures.
VZl1JL-
Mark R. Tiller
Tiller and Company
A Professional Corporation of
Certified Public Accountants
This letter correctly sets forth the understanding of the City of LaPorte.
CW-~
Chuck Engelken
City Council Audit Committee Chairman
Date
<tIlL! be
;If:zL1J ~1~
. orman .tIone
Mayor
Date
1/ /~J o:Y
/. I
Attest:
v() [ OleA (1- L;tLUlt
Martha Gillett
City Secretary
Date <J / J ~ / D a
f (
e
e
SCHEDULE OF AGREED-UPON PROCEDURES
I. Review historical information surrounding City use of credit cards (American
Express and VISA) leading to request for special agreed-upon procedures
engagement.
2. Discuss specific engagement needs related to credit cards with Audit Committee
Chairman.
3. Review relevant written City policies, procedures, manuals, employment
contracts, ordinances and department directives that might govern the handling
and payment of City credit card expenditures.
4. Determine adequacy of written policies and procedures related to City credit card
expenditures based on review of documents outlined in number 3 above.
5. Interview relevant City personnel to determine if written policies and procedures
were being followed and, if not, what procedures were followed. In addition, our
interviews might be used to confirm our understanding of certain credit card
expenditures detailed in the monthly credit card statements.
6. Review existing support behind paid City credit card statements for the six year
period for all City credit cards and categorize expenditures by type/nature and
level of attached support.
7. Interview certain individuals related to the City to determine if additional support
for credit card expenditures exists outside the official City payment/disbursement
records.
8. Review all paid per diem travel and expense requests during the audit period that
might relate to the expenditures paid by City credit cards.
9. Review relevant City documents related to reimbursements made to the City by
cardholders for items or services purchased by City credit cards.
IO. Summarize the information reviewed which will include our related analysis, for
purposes of inspection, review, and analysis by the Audit Committee.
e
e
e
e
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:
Requested By:
Source of Funds: N/A
Account Number: N/A
Department: Planninl!
Report: _Resolution: _Ordinance: l
Amount Budgeted: N/A
Amount Requested:
Exhibits:
1 , Ordinance
2. Area Map
Budgeted Item: _YES -LNO
SUMMARY & RECOMMENDATION
The City has entered into an agreement with Ms. Ethel Mae Smith to close the alley in Block 1150, Town of La Porte
as partial consideration to acquire the property located between South 8th Street and the La Porte Cemetery (see Exhibit
2 - Area Map).
In reviewing the closing request, Staff has determined that existing electrical facilities located within the alley will
require that an easement be retained for Reliant Energy's facilities. The easement will occupy the closed alley and is
described in Section 1 of the attached ordinance.
Additionally, Staff has coordinated with Southwestern Bell, Time-Warner Communications and the City's Public
Works Department, aU have responded with letters of no objection to the subject closing.
Recommendation:
Staff recommends closing, vacating, and abandoning the entire alley in Block 1150, Town of La Porte retaining a 16'
utility easement as described in the ordinance to facilitate operation of existing Reliant Energy facilities within the
alley.
Action Required by Council:
Consider approval of an ordinance to vacate, abandon and close the entire alley in Block 337, Town of La Porte; said
ordinance to provide for dedication of a 16' utility easement to facilitate existing utility service to the southemmost
100' portion of the alley.
Approved for Citv Council Al!enda
B1fd
I Date
e
e
EXHIBIT 1
Ordinance
e
e
ORDINANCE NO. 2002-!)50}
AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEY IN
BLOCK 1150, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of La Porte has been requested by the
record owners of all of the property abutting the hereinafter described alley in Block
1150, Town of La Porte, Harris County, Texas to vacate, abandon, and permanently close
the alley of Block IISO, Town of La Porte, Harris County, Texas; and
WHEREAS, the City Council of the City of La Porte has determined and does
hereby find, determine, and declare that the hereinafter described alley in Block 1150,
Town of La Porte, Harris County, Texas, is not suitable, needed, or beneficial to the
public as a public road, street, or alley, and the closing of hereinafter described alley in
Block 1150, Town of La Porte, Harris County, Texas, is for the protection of the public
and for the public interest and benefit, and that the hereinafter described alley in Block
1150, Town of La Porte, Harris County, Texas, should be vacated, abandoned, and
permanently closed.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. Under and by virtue of the power granted to the City of La Porte under its
home rule charter and Chapter 253, Section 253,001, Texas Local Government Code, the
hereinafter described alley in Block 1150, Town of La Porte, Harris County, Texas, is
hereby permanently yacated, abandoned, and closed by the City of La Porte, to wit:
The entire sixteen (16) foot wide alley in Block 1150, Town of La Porte, Harris
County, Texas, lying within and situated between and Lots 1 through 16 and Lots 17
through 32, as shown on Exhibit "A" attached hereto and made part hereof.
Ordinance No, 2002-
ciS'? J
e
e
2
Subject to passage and approval of this ordinance, the City of La Porte hereby retains a
sixteen (16) foot wide easement, the location of which is shown by the crosshatched area
on Exhibit "A", hereto attached and made a part hereof, together with unobstructed aerial
easements seyen (7) feet wide, beginning at a plane sixteen (16) feet above the ground
and extending upward, located on both sides of and adjoining said sixteen (16) foot wide
easement. Said easement is for the exclusiye use of Reliant Energy, Inc. to erect, install,
operate, maintain, replace, inspect, and remove its electric distribution facilities and/or
natural gas facilities (consisting of all necessary and desirable equipment and
appurtenances), together with the additional right to remove from said easement and land
adjoining thereto, all bushes, trees and parts thereof, or other structures which, in the
opinion of Reliant Energy, Inc., endanger or may interfere with the efficiency, safe and
proper operation, and maintenance of said electric distribution facilities and/or natural gas
facilities located on, under, over, and across the following described lands, to wit:
The entire sixteen (16) foot wide alley (closed) in Block 1150, Town of La Porte,
Harris County, Texas, lying within and situated between and Lots 1 through 16 and
Lots 17 through 32, as shown on Exhibit "A" attached hereto and made part hereof.
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 ofthe City for the
time required by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Goyernment 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, approyes, 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.
Ordinance No. 2002- e
.~ Sfl }
PASSED AND APPROVED, THIS I ~'I1-
ATTEST:
~L/A~~JimA
Martha Gillett, City Secretary
I
"'- /.
APPR~~: . / /)/ ~
.' I /lt1//I(t { '1YI;-1~
~/
Knox W. Askins, City Attorney
e
3
(t IL /, /Ii
DAY OF lth l}\;I){.!}i..
o
2002.
CITY OF LA PORTE
e
e
I
WEST K STREET
~
\~
I-
~ W
'('\ W ,
0:::
r\ I-
~~ VI ..-
:::c ~.
I- ~ ,
co ~ J
""" ~ :::c ~ I-
N.T.S.
l- I- l-
=> W
W
0 0:::
VI I-
VI
:I
WEST L STREET I-
r--
1 32
f------- ~------
f------- 1-------
f------- \----
I- f------- \----- ALLEY TO BE CLOSED.
w 16' UTILITY EASEMENT
w f------- 1-----
0::: f------- 1---- TO BE RETAINED FOR
I- f------'t IT&--- RELIANT ENERGY
VI
1------- I---~ CEMETERY
:I I
I- 1----- ~ --- I
!
Q"\ 1------- 1--------
1------- 1-------- ij
1------- 1--------
\..0 f------- 1--------
.j f------- 1--------
~
1-0------- 1--------
>- 16 17
<(
"3 LITTLE CEDAR BAYOU DRIVE
:::c ) 1
l:J ~ E
:::c
w
l- I-- t--
<( L.u ~ ~
I- W L.u C)
VI ~ > Q: l..J
0 I--
'" U ~ V) @ I
VI LJ
W
VI w
w CO Q
0::: I
0-, I- \
\>- I [ill]]] j
\U I 0 l='
-
w
\ \ I...--
----
GARDEN WALK DRIVE E.)(HIB.ITnA"TO
t 9RDINANCE
2002..
..
. e
EXHIBIT 2
Area Map
I
.
e
EXHIBIT #2
e
e
REQ.T FOR CITY COUNCIL AGeDA ITEM
Agenda Date Requested: Augu~t A 2002
Requested By: Doug Kneuppe~
Department: Planning
Appropriation
Source of Funds: N/A
Account Number
Amount Budgeted:
Report: _Resolution: _Ordinance:-L
Amount Requested
Exhibits:
NO
Budgeted Item: YES
1. Proposed Noise Ordinance
2. Draft Noise Ordinance (Strike & Shade)
3. April stb Presentation Materials
Summary and Recommendation At your April 8, 2002 meeting, Planning Dept. staff presented draft Noise
Ordinance provisions in a workshop format. Based on general comments from Council during the workshop, the
proposed Noise Ordinance has some minor modifications as depicted on the draft version that is attached,
Information that may be beneficial to Council but was not discussed at the
April 8th workshop is the hours that different communities have established
for daytime hours and nighttime hours, The proposed ordinance, Section
34-91, establishes daytime hours from 7am to 9pm. The 9pm time matches
the closing time of the City's neighborhood parks whereas our regional
parks have a closing time of IOpm.
CITY DAYTIME HOURS
League City 6:30 am to 7:30 pm
Pasadena 7:00 am to 10:00 pm
Friendswood 7:00 am to 10:00 pm
Seabrook 7:00 am to 10:00 pm
Stafford 7:00 am to 10:00 pm
A specific comment from
Council was for staff to
inquire how other cities dealt
with mobile vendors or ice
cream trucks, The proposed
ordinance, Section 34-97
deals with this by requiring a
permit for the use of
loudspeakers and applies the
daytime decibel limits to the
trucks with loudspeakers.
The results of our inquiry are
shown here.
CITY COMMENTS
Texas City No decibel levels are set; city pennit is required; continuous sound
is prohibited, intermittent sound is permitted; city permit is required
Deer Park Completely prolubited.
Pasadena Noise regulations are applied; city permit is required; no regulation
on hours of operation.
Seabrook No specific ordinance provisions
Bay town Noise regulations are applied; city permit is required; hours of
operation are from 10 a.ill. to 8 p.m.
League Noise regulations are applied; no city permit required; no regulation
City on hours of operation
Another comment from Council was directed at BFI and the emptying of commercial dumpsters, Our current
contract with BFI states that the activity of emptying commercial dumpsters shall not begin before 6:00 a,m, This is
probably the latest start time that still allows BFI to complete their work in sensitive areas such as school campuses
before teachers and students begin arriving. The proposed ordinance addresses the commercial trash trucks in
Section 34-95 by exempting them from the requirements of the ordinance only if they are working under contract
with the City.
A fmal comment from Council was regarding motorcycle riding in ditch rights-of-way. Although the proposed
ordinance provisions would be applicable to this activity, enforcement would be difficult. Chief Reff is considering
alternatives for dealing with this activity.
Action Required by Council: Consider approval of an ordinance amending Chapter 34 of the Code of Ordinances
establishing better standards to deal with noise,
Rr:,J.
Date /
e
e
!I,,/Jf)
ORDINANCE NO. ,'7L> ! .7'
AN ORDINANCE REPEALING CHAPTER 34, ENVIRONMENT, ARTICLE 3, NOISE,
SECTIONS 34-91 THROUGH 34-94, INCLUSIVE, AND REPLACING SAID REPEALED
SECTIONS WITH A NEW CHAPTER 34, ENVIRONMENT, ARTICLE 3, NOISE
POLLUTION, SECTIONS 34-91 THROUGH 34-97 OF THE CODE OF ORDINANCES
OF THE CITY OF LA PORTE; PROVIDING THAT ANY PERSON VIOLATING THE
TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR
AND SHALL UPON CONVICTION BE FINED A SUM OF NOT MORE THAN lWO
THOUSAND DOLLARS ($2,000.00) FOR EACH VIOLATION; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF LA PORTE:
SECTION 1. The City Council of the City of La Porte hereby finds, determines and
declares that all prerequisites of law have been satisfied, and hereby determines and
declares Chapter 34, Environment, Article 3, Noise, Sections 34-91 through 34-94,
inclusive, are hereby repealed.
SECTION 2. New provisions to the Code of Ordinances of the City of La Porte, being
Chapter 34, Environment, Article 3, Noise Pollution, Sections 34-91 through 34-97,
inclusive, are hereby added to the Code of Ordinances of the City of La Porte, to read as
follows, to-wit:
Section 34-91. Definitions
The following words, terms and phrases, when used in this chapter, shall haye the
meanings ascribed to them in this section, unless the context of their usage clearly
indicates another meaning:
Daytime hours shall mean the hours between 7:00 a.m. on one day and 9:00 p.m.
on the same day,
Db(A) shall mean the intensity of a sound expressed in decibels read from a
calibrated sound leyel meter utilizing the A-level weighting scale and the slow
meter response, as specified by the American National Standards Institute.
ORDINANCE No..91 DC _.~5 7),
PAGE 2
e
Emergency shall mean any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage or loss which demands immediate
action,
Emergency work shall mean any work performed for the purpose of preventing or
alleviating the physical trauma or property damage threatened or caused by an
emergency, or which is otherwise necessary to restore property to a safe condition
following a fire, accident or natural disaster, or which is required to protect
persons or property from exposure to danger, or which is required to restore
public utilities,
Nighttime hours shall mean the hours between 9:00 p,m. on one day and 7:00 a,m,
on the following day,
Nonresidential property shall mean any real property within the limits of the city
which is not included in the definition of residential property as defined in this
section,
Person - Refer to Section 1-2 of this Code
Property line shall mean the line along the ground surface, and its yertical
extension, which separates the real property owned, leased or occupied by one
person from that owned, leased or occupied by another person and the imaginary
line which represents the legal limits of property of any person who owns, leases
or otherwise occupies an apartment, condominium, hotel or motel room, office or
any other type of occupancy.
Public right-of-way shall mean any street, avenue, boulevard, highway, road,
thoroughfare, sidewalk, alley or any other property which is owned or controlled
by a governmental entity.
Residential property shall mean any real property used for human habitation and
which contains liying facilities, including provisions for sleeping, eating, cooking
and sanitation, unless such premises are actually occupied and used primarily for
purposes other than human habitation.
Sound shall mean any pressure variation that can be detected by the human ear.
Sound nuisance shall mean any sound which either exceeds the maximum
permitted sound leyels specified in Section 34-92, otherwise unreasonably
disturbs, injures or endangers the comfort, repose, health, peace or safety of others
within the limits of the city,
Vibration shall mean any oscillatory motion of solid bodies described by
displacement, velocity or acceleration.
ORDINANCE NO, ~OO';.1~/7 ,,+
PAGE 3
e
Section 34-92. Maximum permissible sound leve~ril
No person shall conduct, permit, or allow any actiyity or sound source to produce
a sound that is discernible beyond the property lines of the property on which the
sound is being receiyed. And when measured, as provided in Section 34-96 of
this Chapter, exceeds the applicable Db(a) leyellisted below for the property on
which the sound is receiyed,
A. Residential property - see chart below.
B. Nonresidential property - see chart below,
C. For Industrial property, see additional standards in Chapter 106-521.
The Db(A) leyels set forth in this section apply to the property where the sound is
being received, Any sound that when measured at the property where the sound
is being received exceeds the Db(A) leyels set forth in this section is a yiolation of
this chapter. Evidence that an activity or sound source produces a sound that
exceeds the Db(A) levels specified in this section, when measured at the site
where the sound is being produced, if available, shall be prima facie eyidence of a
sound nuisance which unreasonably disturbs, injures or endangers the comfort,
repose, health, peace or safety of others within the limits of the city in yiolation of
this Chapter.
Section 34-93. General prohibition
A. It shall be unlawful for any person to make, assist in making, continue,
cause to be made or continued or permit the continuance of any sound which
either exceeds the maximum permitted levels specified in Section 34-92,
otherwise unreasonably disturbs, injures or endangers the comfort, repose, health,
peace or safety of others within the limits of the city.
B, The acts enumerated in the following sections of this chapter, among
others, are declared to be sound nuisances which are unreasonably loud, irritating,
disturbing, or excessive sounds in violation of this chapter, but such enumeration
shall not be deemed to be exc1usiye,
/) ..".
ORDINANCE NO. '.:'\ CL:,
PAGE 4
/ '_-I /-,
,) ) .~.
- ~.r"
e
Section 34-94. Amplified sound from motor vehicles
The production or reproduction of sound from amplification equipment contained
in or mounted on a motor vehicle that produces sound in excess of the limits set
forth in Section 34-92, is hereby prohibited and declared to be unlawful as a
sound nuisance in violation ofthis chapter, except as permitted by Section 34-97,
Section 34-95. Defenses
The following defenses shall apply to any offense established in this Chapter:
I, The emission of any sound for the purpose of alerting persons to the
existence of an emergency, danger or attempted crime,
2, The sound was produced by an authorized emergency,
3, The sound was produced by emergency work necessary to restore public
utilities, or to restore property to a safe condition, or to protect persons or property
from imminent danger, following a fire, accident or natural disaster,
4. The sound was produced by a commercial vehicle engaged in the
collection of garbage and/or trash and said commercial yehicle is currently under
contract with the City to provide garbage and/or trash collection services,
5. The sound was:
a. at a lawfully scheduled stadium event;
b, by a parade and spectators and participants on the parade route
during a permitted parade;
c. by spectators and participants at a lawfully scheduled amphitheater
event;
d. by patrons and participants using cannons and gunfire during
historical battle reenactments for which a pyrotechnic permit was obtained
and the explosives were inspected by the fire marshal;
e. by a pyrotechnic display that was inspected and approyed by the
fire marshal;
f. by spectators and participants of any outdoor event, fun run, race,
festival, fiesta, or concert which was sponsored, cosponsored, or
permitted by the city, or
g. any other lawful activity which constitutes protected expression
pursuant to the First Amendment of the United States Constitution.
6. The sound was produced by the erection, excavation, construction,
demolition, alteration, or repair work, or the permitting or causing thereof, of any
building or other structure, or the operation or the permitting or causing the
operation of any tools or equipment used in any such activity conducted during
daytime hours and which activity did not produce a sound exceeding 80 Db(A)
when measured from the nearest residential property where the sound is being
received.
7. The sound was produced by an aircraft in flight or in operation at an
airport, or railroad equipment in operation on railroad rights-of-way.
8. The sound was produced operating or permitting the operation of any
mechanically powered saw, drill, sander, router, grinder, lawn or garden tool,
/1/:"iA/)
ORDINANCE NO. O'i (/l/.,?'
PAGE 5
e
lawn mower, or any other similar device used during daytime hours and which
device did not produce a sound exceeding 90 Db(A) when measured from the
nearest residential property where the sound is being received and was used for
the maintenance or upkeep of the property on which it was used.
9. The sound was generated as authorized under the terms of a permit issued
under Section 34-97 of this Chapter.
10. The sound was produced by church bells or church chimes when used as
part of a religious observance or service during daytime hours and which did not
exceed five continuous minutes in duration in anyone-hour period.
Section 34-96. Method of sound measurement
Whenever portions of this chapter prohibit sound over a certain decibel limit,
measurement of said sound shall be made with a Type 1 or Type 2 calibrated
sound level meter utilizing the Aweighting scale and the slow meter response as
specified by the American National Standards Institute (ANSI S 141984/85A).
Noise levels shall be measured in decibels and A-weighted. The unit of
measurement shall be designated as Db(A). Meters shall be maintained in
calibration and good working order. Measurements recorded shall be taken so as
to provide a proper representation of the sound being measured. The microphone
of said meter shall be positioned so as not to create any unnatural enhancement of
diminution of the measured sound. A windscreen for said microphone shall be
used. Except as provided in Sections 34-94 and 34-95, measurements shall be
taken at or near the nearest property line of the property where the sound is being
received.
Section 34-97. Permit required for use of outdoor sound amplification
No person shall use or cause to be used any loudspeaker, loudspeaker system,
sound amplifier or any other machine or device which produces, reproduces, or
amplifies sound on automobiles or other motor vehicles in a manner which
exceeds the levels specified in Section 34-92, when measured from the property
where the sound is being received, without first obtaining a permit to do so. Such
permit:
1. may be obtained by making application to city;
2. requires payment of an amount established by the City and listed in
Appendix A of this Code. Such fee shall be paid for each vehicle for which a
permit is obtained; and
3. is valid for one day only.
(a) The use of any loudspeaker, loudspeaker system, sound amplifier
or any other similar machine or device which is permitted pursuant to this
section is subject to the following regulation(s):
1) Permit is limited to Monday through Saturday during
daytime hours; and Sunday 1 p.m. to 9 p.m.
ORDINANCE NO. ;~ Dl!.:~_5 )'f-..
PAGE 6
e
SECTION 3. Any person, as defined in Section 1.02(27) Texas Penal Code, who shall
violate any provision of this Ordinance, shall be deemed guilty of a misdemeanor and
upon conviction shall be punished by a fine not to exceed Two Thousand Dollars
($2,000.00). Each day a violation of this ordinance shall continue shall constitute a
separate violation.
SECTION 4. If any section, sentence, phrase, clause, or any part of any section,
sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such
invalidity shall not affect the remaining portions of this Ordinance, it is hereby declared to
be the intention of the City of Council to have passed each section, sentence, phrase, or
clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or
clause, or part thereof, may be declared invalid.
SECTION 5. The City Council officially finds, determines, recites and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City
Council was posted at a place convenient to the public at the City Hall of the city for the
time required by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been open to the public
as required by law at all times during which this ordinance and the subject matter thereof
has been discussed, considered and formally acted upon. The City Council further ratifies,
approves and confirms such written notice and the contents and posting thereof.
SECTION 6. This Ordinance shall become effective fourteen (14) days after its passage
and approval. The City Secretary shall give notice to the passage of the notice by causing
the caption to be published in the official newspaper of the City of La Porte at least twice
within ten (10) days after the passage of the Ordinance.
" "A1
ORDINANCE NO. 'j.rd\.J,...
PAGE 7 '. ~
e
PASSED AND APPROVED THIS THE~.:~4'DAY OF
-----
ii";';: ~~ /" i . '1...)-
If;.", 1./,1. //YI '
,., ~~
II
,2002.
CITY OF LA PORTE
I' -_/--. _ //
il ///7'1 Ii
By/::;?lJ7;7/;;i(/f::0/
NORMAN MALONE, Mayor
ATTEST:
~( , 't ~/ f
By: \-J I, LtLbY)(l. _ 1 )));t-
M RTHA GILLETT,
City Secretary
APPROVED:
e
e
PUBLIC NOTICE
ORDINANCE 2002-2572
AN ORDINANCE REPEALING CHAPTER 34, ENVIRONMENT, ARTICLE 3, NOISE SECTIONS 34-91
THROUGH 34-94, INCLUSIVE, AND REPLACING SAID REPEALED SECTIONS WITH A NEW CHAPTER
34, ENVIRONMENT, ARTICLE 3, NOISE POLLUTION, SECTION 34-91 THROUGH 34-97 OF THE CODE
OF ORDINANCES OF THE CITY OF LA PORTE; PROVIDING THAT ANY PERSON VIOLATING THE
TERMS OF TillS ORDINANCE SHALL BE DEEMED GUlL TY OF A MISDEMEANOR AND SHALL UPON
CONVICTION BE FINED A SUM OF NOT MORE THAT TWO THOUSAND DOLLARS ($2,000.00) FOR
EACH VIOLATION; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF.
CITY OF LA PORTE
s/NoITllan L. Malone, Mayor
ATTEST:
s/Martha Gillett, City Secretary
APPROVED:
s/Knox W. Askins, City Attorney
e
e
DRAFT
ORDINANCE NO.
AN ORDINANCE REPEALING CHAPTER 34, ENVIRONMENT, ARTICLE 3, NOISE,
SECTIONS 34-91 THROUGH 34-94, INCLUSIVE, AND REPLACING SAID REPEALED
SECTIONS WITH A NEW CHAPTER 34, ENVIRONMENT, ARTICLE 3, NOISE
POLLUllON, SECTIONS 34-91 THROUGH 34-97 OF THE CODE OF ORDINANCES
OF THE CITY OF LA PORTE; PROVIDING THAT ANY PERSON VIOLATING THE
TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR
AND SHALL UPON CONVICllON BE FINED A SUM OF NOT MORE THAN TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH VIOLAllON; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF LA PORTE:
SECTION 1. The City Council of the City of La Porte hereby finds, determines and
declares that all prerequisites of law have been satisfied, and hereby determines and
declares Chapter 34, Environment, Article 3, Noise, Sections 34-91 through 34-94,
inclusive, are hereby repealed.
SECllON 2. New provisions to the Code of Ordinances of the City of La Porte, being
Chapter 34, Environment, Article 3, Noise Pollution, Sections 34-91 through 34-97,
inclusive, are hereby added to the Code of Ordinances of the City of La Porte, to read as
follows, to-wit:
Section 34-91. Definitions
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, unless the context of their usage clearly
indicates another meaning:
Daytime hours shall mean the hours between 7:00 a.m. on one day and 9:00 p.m.
on the same day.
Db(A) shall mean the intensity of a sound expressed in decibels read from a
calibrated sound level meter utilizing the A-level weighting scale and the slow
meter response, as specified by the American National Standards Institute.
ORDINANCE NO.
PAGE 2
e
e
DR
fT
Emergency shall mean any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage or loss which demands immediate
action.
Emergency work shall mean any work performed for the purpose of preventing or
alleviating the physical trauma or property damage threatened or caused by an
emergency, or which is otherwise necessary to restore property to a safe condition
following a fire, accident or natural disaster, or which is required to protect
persons or property from exposure to danger, or which is required to restore
public utilities.
Nighttime hours shall mean the hours between 9:00 p.m. on one day and 7:00 a.m.
on the following day.
Nonresidential property shall mean any real property within the limits of the city
which is not included in the definition of residential property as defined in this
section.
Person - Refer to Section 1-2 ofthis Code
Property line shall mean the line along the ground surface, and its vertical
extension, which separates the real property owned, leased or occupied by one
person from that owned, leased or occupied by another person and the imaginary
line which represents the legal limits of property of any person who owns, leases
or otherwise occupies an apartment, condominium, hotel or motel room, office or
any other type of occupancy.
Public right-of-way shall mean any street, avenue, boulevard, highway, road,
thoroughfare, sidewalk, alley or any other property which is owned or controlled
by a governmental entity.
Residential property shall mean any real property used for human habitation and
which contains living facilities, including provisions for sleeping, eating, cooking
and sanitation, unless such premises are actually occupied and used primarily for
purposes other than human habitation.
Sound shall mean any pressure variation that can be detected by the human ear.
Sound nuisance shall mean any sound which either exceeds the maximum
permitted sound levels specified in Section 34-92, otherwise unreasonably
disturbs, injures or endangers the comfort, repose, health, peace or safety of others
within the limits of the city.
Vibration shall mean any oscillatory motion of solid bodies described by
displacement, velocity or acceleration.
ORDINANCE NO.
PAGE 3
.
e
~l)~~ R5'1> lit. te T
IY ~'\&. ~~D ~
Sectnmll 34-92. Maximum perrmissi\bllle SilJilllIl1\(d! ReveRs
No person shall conduct, permit, or allow any activity or sound source to produce
a sound that is discernible beyond the property lines of the property on which the
sound is being received. And when measured, as provided in Section 34-96 of
this Chapter, exceeds the applicable Db(a) level listed below for the property on
which the sound is received.
A. Residential property - see chart below.
B. Commercial ~'q~~~~f~~n:ti~l: property - see chart below.
C. For Industrial property, see additional standards in Chapter 106-521.
The Db(A) levels set forth in this section apply to the property where the sound is
being received. Any sound that when measured at the property where the sound
is being received exceeds the Db(A) levels set forth in this section is a violation of
this chapter. Evidence that an activity or sound source produces a sound that
exceeds the Db (A) levels specified in this section, when measured at the site
where the sound is being produced, if available, shall be prima facie evidence of a
sound nuisance which unreasonably disturbs, injures or endangers the comfort,
repose, health, peace or safety of others within the limits of the city in violation of
this Chapter.
Section 34-93. General prohibitioHll
A. It shall be unlawful for any person to make, assist in making, continue,
cause to be made or continued or permit the continuance of any sound which
either exceeds the maximum permitted levels specified in Section 34-92,
otherwise unreasonably disturbs, injures or endangers the comfort, repose, health,
peace or safety of others within the limits of the city.
B. The acts enumerated in the following sections of this chapter, among
others, are declared to be sound nuisances which are unreasonably loud, irritating,
disturbing, or excessive sounds in violation of this chapter, but such enumeration
shall not be deemed to be exclusive.
ORDINANCE NO.
PAGE 4
e
e
[J);\. [Dj).q< JJ11\ ~~l\r.
j.J .J< f\.\ ;..~,~ ~
t:z:-'I:;\x;, u' ,
SednClffi 34-94. Amplified SOUl1lrll froIIlI1l IIII1lotOIr velbides
The production or reproduction of sound from amplification equipment contained
in or mounted on a motor vehicle that produces sound in excess of the limits set
forth in Section 34-92, when measured at or m~ar 15 feet from the nearest external
point on the vehicle, is hereby prohibited and declared to be unlawful as a sound
nuisance in violation ofthis chapter, except as permitted by Section 34-97.
FurthermoHl, the operating hours are limited to daytime hours Monday through
Saturday, and 1 :00 p.m. to 9:00 p.m. on Sunday
SectiolIl 34-95. Defense!il
The following defenses shall apply to any offense established in this Chapter:
1. The emission of any sound for the purpose of alerting persons to the
existence of an emergency, danger or attempted crime.
2. The sound was produced by an authorized emergency.
3. The sound was produced by emergency work necessary to restore public
utilities, or to restore property to a safe condition, or to protect persons or property
from imminent danger, following a fire, accident or natural disaster.
.~~ -~~=~ ~<=:~::ii~~
5. The sound was:
a. at a lawfully scheduled stadium event;
b. by a parade and spectators and participants on the parade route
during a permitted parade;
c. by spectators and participants at a lawfully scheduled amphitheater
event;
d. by patrons and participants using cannons and gunfire during
historical battle reenactments for which a pyrotechnic permit was obtained
and the explosives were inspected by the fire marshal;
e. by a pyrotechnic display that was inspected and approved by the
fire marshal;
f. by spectators and participants of any outdoor event, fun run, race,
festival, fiesta, or concert which was sponsored, cosponsored, or
permitted by the city, or
g. any other lawful activity which constitutes protected expression
pursuant to the First Amendment of the United States Constitution.
6. The sound was produced by the erection, excavation, construction,
demolition, alteration, or repair work, or the permitting or causing thereof, of any
building or other structure, or the operation or the permitting or causing the
operation of any tools or equipment used in any such activity conducted during
daytime hours and which activity did not produce a sound exceeding ~8Q1Db(A)
!/:,.../...t
when measured from the nearest residential property where the sound is being
received.
ORDINANCE NO.
PAGE 5
e
e
r' ' ---,"I r:.. ir."'" ""~~.
Ir\:[D{" 1'/\\ f~ -I: .
2.';') ~ \~ d=->' ':\ ~ fJ
7. The sound was produced by an aircraft in flight or in operation at an
airport, or railroad equipment in operation on railroad rights-of -way.
8. The sound was produced operating or permitting the operation of any
mechanically powered saw, drill, sander, router, grinder, lawn or garden tool,
lawn mower, or any other similar device used during daytime hours and which
device did not produce a sound exceeding ~ :9.q Db(A) when measured from the
nearest residential property where the sound is being received and was used for
the maintenance or upkeep of the property on which it was used.
9. The sound was generated as authorized under the terms of a permit issued
under Section 34-97 of this Chapter.
10. The sound was produced by church bells or church chimes when used as
part of a religious observance or service during daytime hours and which did not
exceed five continuous minutes in duration in anyone-hour period.
Section 34-96. Method of sound mteaunmemelllllt
Whenever portions of this chapter prohibit sound over a certain decibel limit,
measurement of said sound shall be made with a Type 1 or Type 2 calibrated
sound level meter utilizing the Aweighting scale and the slow meter response as
specified by the American National Standards Institute (ANSI S141984/85A).
Noise levels shall be measured in decibels and A-weighted. The unit of
measurement shall be designated as Db(A). Meters shall be maintained in
calibration and good working order. Measurements recorded shall be taken so as
to provide a proper representation of the sound being measured. The microphone
of said meter shall be positioned so as not to create any unnatural enhancement of
diminution of the measured sound. A windscreen for said microphone shall be
used. Except as provided in Sections 34-94 and 34-95, measurements shall be
taken at or near the nearest property line of the property where the sound is being
received.
Sec1tioI!l 34-97. Permit ll"equired fOil" llllSte I!)f ollAtdoOIr sound amplificatJi~]llm
No person shall use or cause to be used any loudspeaker, loudspeaker system,
sound amplifier or any other machine or device which produces, reproduces, or
amplifies sound on automobiles or other motor vehicles in a manner which
exceeds the levels specified in Section 34-92, when measured from the property
where the sound is being received, without first obtaining a permit to do so. Such
permit:
1.
is valid for one day only.
(a) The use of any loudspeaker, loudspeaker system, sound amplifier
or any other similar machine or device which is permitted pursuant to this
ORDINANCE NO.
PAGE 6
e
e
section is subject to the following regulation(s):
1) Permit is limited to Monday through Saturday during
daytime hours; and Sunday 1 p.m. to 9 p.m.
SECTION 3. Any person, as defined in Section 1.02(27) Texas Penal Code, who shall
violate any provision of this Ordinance, shall be deemed guilty of a misdemeanor and
upon conviction shall be punished by a fine not to exceed Two Thousand Dollars
($2,000.00). Each day a violation of this ordinance shall continue shall constitute a
separate violation.
SECTION 4. If any section, sentence, phrase, clause, or any part of any section,
sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such
invalidity shall not affect the remaining portions of this Ordinance, it is hereby declared to
be the intention of the City of Council to have passed each section, sentence, phrase, or
clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or
clause, or part thereof, may be declared invalid.
SECTION 5. The City Council officially finds, determines, recites and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City
Council was posted at a place convenient to the public at the City Hall of the city for the
time required by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been open to the public
as required by law at all times during which this ordinance and the subject matter thereof
has been discussed, considered and formally acted upon. The City Council further ratifies,
approves and confirms such written notice and the contents and posting thereof.
SECTION 6. This Ordinance shall become effective fourteen (14) days after its passage
and approval. The City Secretary shall give notice to the passage of the notice by causing
ORDINANCE NO.
PAGE 7
e
e
the caption to be published in the official newspaper of the City of La Porte at least twice
within ten (10) days after the passage of the Ordinance.
PASSED AND APPROVED THIS THE
DAY OF
,2002.
CITY OF LA PORTE
By:
NORMAN MALONE, Mayor
ATTEST:
By:
MARTHA GILLETT,
City Secretary
APPROVED:
By:
JOHN D. ARMSTRONG,
Assistant City Attorney
e
NOISE ORDINANCE
PRESENT ATION TO CITY COUNCIL
What Is Noise?
Noi~e is any
.sound due to irr.::gular vibration
.sound which causes discomfort to the hearer
Noise lntensity
Noise intensity is me,,,..uw:l in decibel units.
E.,ch IO-decibel is perceived as roughly a doubling of
loudness, e,g.
30 decihels is ten times more intense than 20
decibels and sOWlds twice as loud
80 decibels is I million times more intense than
20 decibeL. and sound. 64 times as loud.
Noise Regulations in La Porte
Noise violations are mentioned in four chapters of the,
City's Code of Ordinances.
.Chapter 10: Amusements - Section 10-79. Coin-
Operated Machines
.Chapter 14: Animals - Section 14-107, Barking Dog..
.Chapter 34: En,ironment - Section 34-91
.Chapter 1(.,' Zoning - Section 106,521. Industrial
Areas
e
APRIL 8, 2002
Noise Pollution
Noise pollution describes
-an excessive noise in the environment;
.added sOWld to the em~ronment beyond the natural sources
Noise pollution is measured four wa)'s'
-intensit,..,
.duration.
.frequency, Bnd
.frequency of duration
Typical Noise Level Comparison
120
100
so/
60/
4lI"
20 .-
o
db.
[J Quiet room CI RtfrlguRlnf . Normal couversaUoD
. K1 tcben elhaust fan e GIIrbaee dlspollll . 'Lawn moWer
. Circular saw
Noise Ordinances
Noise ordinanc,,"s were examined fmm the following
cities'
Less Stringent
More Stringent
Baylo\1lll
Te:Gs City
Stnfford
Hl\1~on
Pasadena
Friendswood
League City
1
e
NOISE ORDINANCE
PRESENTATION TO CITY COUNCIL
Residential Noise Level Limits
o Friendswood
I:!l Houston
. League aty
. Stafford
D-dY lime d 00
Night time d 00
Exemptions
The following actions are typically accepted and exempt 35
violatiolL' ofthe noise ordinance:
sirens from emergency
vehicleE>
sounds from emelllcncy
repair work
noises from a Jaw-ruUy
scheduled stadium e"enl
warning .ign..lalerts of
emellleney. danger, or
attempted crime
. 9Otu1<l. from aircraft.
railroad, trucks operating in
the ROW
Penalties
500
450
400
350
300
250 '
200
150
100
50
o
o Fricndswood
BJ Houston
. Leagu. Clt~.
. Pasadena
2nd 011'.....
1st oft't"l15e
e
APRIL 8, 2002
Commercial Noise Level Limits
70
50'
40
30 '
20
EJ Friendswo(KJ
~ HQuston
. League elt)'
. Stafford
10
o
Day time dba
Night time dOO
Exceptions
The following actions/activities are exceptions to the noise
ordinance:
l=O\U1cUl from a parade or
participonts
noi5:eL: from fueworks: display
90Wlds from :!l:pectatol1l andJor
l,articipanu at any outdoor
event, fesrtival. or concert
sponsored. CQ~)ollsored, or
pennitted by the city,
n('li.<l:e" from construction and
maintenance activitieg" e.g.
mechanical powered @8W. drill,
router. grinder, lawn or parden
tool (d.ytime hour. only).
Dailes from air conditimling
lmit
sounds from church beliE: or
churc.h chimes.
Weeldy Complaint Calls
25
20 '
IS /'
10/
,/
5
o
Weekl)'
10 jo'ricndswood . Leagu. City. Pa.ad.na I
2
e
NOISE ORDINANCE
PRESENTATION TO CITY COUNCIL
Proposed Changes to City Codes
. Establish Day-Time Hours
7:00 a.m. to 9:00 p.m.
· Establish Night-Time Hours
9:00 p.m. to 7: 00 a.m.
Exceptions to Noise Provisions
. Emergencies
. Emergency Vehicles
. Emergency Repair
· Public Gatherings
. Stadium Events
. Parades
. Fireworks Displays
. City-sponsored Festivals
Exceptions (cont.)
· Church Bells or Chimes
· Mobile Vendors (with permit from City)
e
APRIL 8, 2002
Proposed Changes (cont.)
· Establish DbA Levels for Residential Areas
· Establish DbA Levels for Commercial
Areas
· Refer to Zoning Ordinance (106-521) for
Industrial Areas.
Exceptions (cont.)
· Construction Activities
. General Heavy Construction (during day-time
hours not exceeding 75 DbA)
. Home Related Activities (saws, grinders, 1a\\11
mowers - during day-time hours not exceeding
85 DbA)
. Airport Activities
· Railroad Activities
Measuring Noise
· Generally, measurement will take place
along the property line v.here the noise is
being RECEIVED.
· Stathvill use Sm.llld Level Meter with an
A-Weighting Scale. Unit of measure v.;11
be DbA.
3
NOISE ORDINANCE
PRESENTATION TO CITY COUNCIL
e
e
APRIL 8, 2002
Any Questions?
= I will try to quietly answer any questions
you may have.
4
e
e
REQIST FOR CITY COUNCIL A<WDA ITEM
Agenda Date Requested: AU2Ust 12, 2002
Requested By: Dou. Kneu..~
Department: Plannin2
Appropriation
Source of Funds:
N/A
Account Number:
N/A
Report: _Resolution: _Ordinance: ~
Amount Budgeted:
N/A
Exhibits:
Ordinance
Staff Report to P & Z
Vicinity Map
Site Plan
Amount Requested:
N/A
SUMMARY & RECOMMENDA nON Mr. Ameen Narsi wants to build a convenience store with automobile and truck fueling on
2.9 acres out of his 5.8 acre tract located along Barbour's Cut Blvd. The property is zoned Business Industrial (BI). According to
Section 106 -521, this use is considered conditional and requires a Special Conditional Use Permit (SCUP). On March 21, 2002, Mr.
Narsi submitted an application for a Special Conditional Use Permit (SCUP). The application waspresented to the Planning and
Zoning Commission on May 16, 2002. Bya 5-0 vote, the Commission forwarded a recommendation to City Council to disapprove
#SCU02-001. During the June 10, 2002 meeting, the Council voted to table this item for 30 days. During this time, thedeveloper,
Councilmembers, and community leaders attended a meeting to discuss various concerns. During this meeting, three additional
conditions were recommended, agreed to by the developer, and incorporated into the SCUP: 1) provisions for 7 truck parking spaces,
2) restrictions on lighting, and 3) a provision for pedestrian access along North l't Street. In addition, the location of the convenience
store has been relocated to the east side of the property.
A revised site layout was submitted by the developer and has been reviewed by staff The following conditions are recommended by
staff and can be changed or modified by Council.
1. The facility shall only operate during daytime hours (6 a.m. to 8 p.m.).
2. The facility shall be operated and maintained proptTly.
3. No overnight facilities are allowed on the premises.
4. Seven space; are allowed for truck parking (new)
5. Lighting is not allowed to illuminate the adjacent neighborhood (new)
6. Pedestrian access is allowed on l't Street (new)
7. Truck traffic is not allowed on 1st Street (new)
8. At least 15% landscaping and screening must be provided along 1st, 3rd, and North "E" streets as a buffer between the
neighborhood and the proposed facility. This must be compatible with current landscaping scheme along Barbour's Cut Blvd.
9. No permanent structures are allowed in the City's 60' drainage easement
10. Applicant must submit to the City written approval from Harris County for median break(s) along Barbour's Cut Blvd.
11. Driveway turning radii shall be increased to accommodate trucks.
12. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas.
City Council may affirm the Commission's recommendation to disapprove the SCUP. This would be voting against the proposed
ordinance and requires only a simple majority. City Council may overrule the Commission's recommendation and approve the
SCUP. This would be voting in favor of the proposed ordinance and requires a minimum o:fSeven affirmative votes (3/4 rule).
If approved, the next step for the applicant would be to submit a Minor Development Site Planin accordance with the Oty's
Development Ordinance.
Action Required by Council:
1. Consider disapproval of Special Conditional Use Permit #SCU02-001.
2. Consider overruling the Commission's recommendation and approve #SCU02-001 with conditions.
c/ rf~
Date
e
::!~ I~n
'fJ~ ~'
ORNINANCE NO. 1501-
/)
I I
,/~I V")/l
,.( , ,l
fl..i)", '\
, IJ~
<'\ I ..',
I).' {J
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: 2.9 ACRES, BEING
LOTS 1 THRU 32 OF BLOCK 329, INCLUDING ALLEY AND PORTION OF NORTH 2ND
STREET RIGHT-OF-WAY, OUT OF JOHNSON HUNTER SURVEY, TOWN OF LA PORTE,
HARRIS COUNTY, TEXAS, FOR THE PURPOSE OF DEVELOPING AND OPERATING A
CONVENIENCE STORE WITH AUTOMOBILE AND TRUCK FUELING WITHIN A BUSINESS
INDUSTRIAL (BI) 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 16th day of May, 2002, 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 reclassification of the zoning classification of the
hereinafter describej 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 May 16, 2002, the Planning
and Zoning Commission of the City of La Porte met in regular session to consider changes in
classification, which were the subject of such public hearing. The City Council of the City of La
Porte is in receipt of the written recommendations of the City of La Porte Planning and Zoning
Commission, by letter dated May 21, 2002, a true copy of which letter is attached hereto as
Exhibit "C" I incorporated by reference herein and made a part hereof for all purposes.
ORDINANCE NO. 1501-
Page 2
e
e
"Section 4.
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 classification changes and the recommendation of the Planning and
Zoning Commission on the 10th day of June, 2002, at 6:00 p.m., and pursuant to due notice, to
consider the recommendation of the Planning and Zoning Commission regarding the possible
reclassification of the zoning classification of the hereinafter described parcels of land. There is
attached to this Ordinance as Exhibit "0", incorporated by reference herein and made a part
hereof for all purposes, a copy of the notice of public hearing.
"Section 5. 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 6.
By an affirmative vote of at least three - fourths (3/4) of the City Council of
the City of La Porte, the City Council hereby rejects the recommendation of the City of La Porte
Planning and Zoning Commission to deny the requested zoning classification changes, and the
zoning classification of the hereinafter described parcels of land, situated within the corporate
limits of the City of La Porte; changed to BI, with a "Special Conditional Use Permit" for
development of Phase I of the Convenience Store with auto and truck fueling to be located at
301 W. Barbour's Cut Boulevard, La Porte, Texas. The conditions of said Conditional Use
Permit are as set forth in the incorporated terms of the Special Conditional Use Permit, a true
copy of which is attached hereto as Exhibit "F". The description of said parcels of land classified
pursuant to said Special Conditional Use Permit are as follows, to-wit
2.9 acres, being described as lots 1 thru 32 of block 329 including alley and portion of
North 2nd Street right-of-way, out of Johnson Hunter Survey, Town of La Porte, Harris County,
Texas.
ORDINANCE NO. 1501-
Page 3
e
e
"Section 7.
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.
"Section 8. The City Council official finds, determines, recites and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall of the City for the time required
by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas
Govemment Code; and that this meeting has been open to the public as required by law at all
times during which this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
"Section 9. This Ordinance shall be in effect from and after its passage and approval.
Passed and approved this the 12th day of August, 2002.
CITY OF LA PORTE
By:
NORMAN MALONE, Mayor
ATTEST:
By:
MARTHA GILLETT, City Secretary
e
e
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
Special Note: Public notice on this item was previously advertised for the Planning and Zoning
Commission's Apri/18, 2002 meeting. However, the Apri/18th meeting was cancelled Therefore,
this item is being re-advertised
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 Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 16th
day of May, 2002, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La
Porte, Texas. The purpose of this hearing is to consider a Special Conditional Use Permit Request
#SCU 02-001, which has been requested for approximately 2.9 acres of land (phase I) being all of
block 329 including alley and portion of North 2nd Street ROW, out of the Johnson Hunter Survey,
Town of La Porte, Harris County, Texas. The property is located at 301 W. Barbours Cut
Boulevard. The request, submitted by Mr. Ameen Narsi is seeking approval to develop convenience
store along with truck fueling at the subject property. Per Section 106 -441 of the Code of
Ordinances, a Special Conditional Use Permit is required for truck fueling at this location.
A 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 t he 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
This facility has disability accommodations available. Requests for accommodations or interpretive
services at meetings should be made 48 hours prior to the meeting. Please contact City Secretary's
office at (281) 471-5020 or TDD Line (281) 471-5030 for further information.
~WBrr {\
THE~FTEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
e
e
:th Street
xas 77571
d'__'" ............
.... ............,....
. .......".... ..
.,-.--...-....,.............
.."" ..............__. _'_H
,"",... ..'....-..........
..-..:.....',..-.-...-...-.-..',.......',..-...,.,...-..............
................'.'...._-.-...
..' ..-...'....'..".................
..--......-.........-,.......
..... ..",.............-..",.
. ...............'.-........-..
..--_...-.....--.......
NOTICE OF PUBLIC
HEARING
......-,.,........ .......-............ ......-...-. .
......-...,".............,....-.......................
.....:.:-:-:.:.:.;::...:.:.':..:.:.;.:-:.:.,:..;...':.:..:-;.:...;.;.:.:.':-:-:-:-;./.-........
. .... ."...,.......-- ....... .
.. .. .-,.......,....
.a
Bal-aflre
Special Note: Public notice
on this item was previously
advertise~ for the Planning ~
and. Zoning Commission's
April 18, 2002 meeting.
However, the April 18th
meeting was cancel/ed.
Therefore, this item is be-
ing re-advertised.
...
....-...........
'Serving The Bayshore Area Since 1947'
I . .accordance
:~~ _~~; Is~o~n~~fg:;
of CGR'n s the City
of L~!>.fte, nct e provi-
sions of th Texas Local
Government ode, notice
is hereby given that the La
Porte Planning and Zoning" .
Commissionwlll conduct a;ldersigned authority, on this date
public hearing at 6'00 PM." .
onth~'6~daY.ofM~y:l-ed Karolyn Kellogg, a duly authorized
~~be:nOf~:~iWH~~The Bayshore Sun, ~ s~mi-w~ekly
604We~t Fairmol1tParlFhed and generally dlstnbuted In the
way, ~Porte, TElx~.Thl:l'; . C "Ii d h
Purpos~of,ft1i$;~eailng ~.> arns ounty, exas an w 0
to.consldera Special Con-;': Norn swears the attached notice was
dlti,()nal '. Use,Perm/tRe-: .' I _ I / .
'que~t##~CY;02~1:Whicflr Jayshore Sun dated u.5 / e//, C;)
, . has. been ".' reqUested;forIZ."
approximately 2.9 acres of m-/
land (phase I) . being all of ." . , "
block 329 Including alley Ive
and portion ot North. 2nd ~~~
, Street ROW,out of John- .". '.
... -"'l'" "",.-. ~--.: -":': ~'- --- ...__..ng.
Please contact City Seere- ~
tary's office at (281 )-471-
5020, or "TOO' (281)471- . /L!jl.{~I-J t;ill..?if-
503010r further, Informa-
tion.
Karolyn Kellogg
Authorized Representative
Sworn and subscribed before me this
? \)TH
,'':;- ()
~r,
./ !lc1:.J
day of
.?
.i' J'
/') /, > f'
'~-4.. ~J.''-c-L-.l..c....;.-' -./L~ _ ,~)l.c.--,..-}'l. <'~-c'....,:1... -~(~.,.~-___
Sandra E. Bumgarner(-J
Notary Public
Harris County, Texas
281-471-1234
Fax: 281-471-5763
Sun
,2002
')
~
e
e
City of La Porte
Established 1892
May 21, 2002
Honorable Mayor Norman Malone and City Council
City of La Porte
Dear Mayor Malone:
During the regular meeting on May 16, 2002, the La Porte Planning and Zoning
Commission, held a public hearing to consider Special Conditional Use Permit #SCU02-
001. The applicant, Ameen Narsi seeks approval to build a convenience store with
automobile and truck fueling on 2.9 acres, being lots 1 thru 32 of Block 329, Town of La
Porte, Harris County, Texas. The proposed use will be developed in a Business Industrial
(BI) zoning district.
Of the six Commission Members present, five voted to deny #SCU02-001 (the
Chairperson did not vote). The Planning and Zoning Commission recommends
disapproval of Special Conditional Use Permit #SCU02-001. This item will be placed on
the Council's June 10, 2002 agenda for. consideration.
Respectfully submitted,
~rsV~
Planning and Zoning Commission, Chairperson
c: Robert T. Herrera, City Manager
John Joerns, Assistant City .Manager
John Armstrong, Assistant City Attorney
Planning and Zoning Commission
Doug Kneupper, Director of Planning
Ameen Narsi
~isrr C
e
e
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 10th day of June, 2002, in
the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose
of this hearing is to consider a Special Conditional Use Permit Request #SCU 02-001, which has
been requested for approximately 2.9 acres of land (phase I) being all of block 329 including alley
and portion of North 2nd Street ROW, out of the Johnson Hunter Survey, Town of La Porte, Harr is
County, Texas. The property in is located at 301 W. Barbours Cut Boulevard. The request,
submitted by Mr. Ameen Narsi is seeking approval to develop convenience store along with truck
fueling at the subject property. Per Section 106-441 of the Code of Ordinances, a Special
Conditional Use Permit is required for truck fueling at this location.
A 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
This facility has disability accommodations available. Requests for accommodations or interpretive
services at meetings should be made 48 hours prior to the meeting. Please contact City Secretary's
office at (281) 471-5020 or TDD Line (281) 471-5030 for further information.
~H~~llU D
._'_ =:I,
e
e
THE STATE OF TEXAS
.
COUNTY OF HARRIS
CITY OF LA PORTE
18th Street
rexas 77571
..;....,-..--,",'.-.,",','.......
..- '-.'...."-"...'.,.
."-',,-"'.' _..,'...,'..'.'.'.'.._-.'..'....
....'.."..,.-.......,,--..
.- ",,'..--...-...,
.:-.:.,............','..,'-:.:.:':.-.'_....:...
. --.......--.,,--......
.'-_.'.----."..',-..
.... ......-.--.-.
281-471-1234
Fax: 281-471-5763
.-, -.' ." ,.., -,._, ,. '.'."., . .,... - -.
....'....-'---.......-...,....-.'...........
...-..- . , .,."... ", ,.,.... .
'.'"-.',,.......--....
..'...... ....-......
NOTICE OF PUBLIC
HEARING
i.;::ii?;~:iil::I:j:!;:
:::::':;;:;: ::,:: .::;:::;::;: :::::::;:::i?::::::i:\::;:;~:::?? ..,' -~::~::~:::??/i::~{~}t;?:::;:;r??~::~;:
B Illllilmllllitll"I;i":iiJiii.iii!!.'J'/::!!iJ.i/'I.i!~ii.;
aJ111f~Dre
.tIlAI:/i!;:;:;::;\i\;;;;'i;ii'i!;;;;;m;;;:m;;;"
SUD
In accordance e
with the, provisions of sec-.
tion 106-171 of the Code
of Ordinances of the City
of La Porte, and the provi-
sions of the Texas Local
Govemment Code, notice
is hereby given that the La
Porte City Council will con-
duct a publiC hearing at
6:00 P.M on the 10th day
of ,'. Ju . ' , . .... in' ,. the
Coo I Ch' ers/of the
City 4 West Fair-
moot P . ay,LllPorte,
Tex BPU s fthis
heart /". sr a
Spec' I .... ' ..}Use
Permit Req . 'SCU. 02-
001, which as bee" re-
quested . for " approximately
2.9 acres of land (phase I)
b~lng all ofJ)IOCk,. 329 in. '.
cluding alley an~ portion of
North 2nd Street ROW! Harris County, Texas and who
out of the Johnson Hunter . .
Survey, Town of La Porte, sworn, swears the attached notice was
Harris Co~ntr.Jexas: The ,! Bayshore Sun dated () 5 /;;c, /0;2
property In IS located at ,
301 Barbours Cut Boule-
vard. The request.submit-
ted by Mr: Ameen Narsi is
Sleeking approval tt)devel- .
op . " convenience' store
along with truck fueling at
the subject property. Per
Section .106-441 of the
Code of' Ordinances, 'a
Special. . Conditional... Use
Permit is required for truck
. fueling at ttlislocatlon, ".
. ",.,.......'..........
'.;.'.:.:.:.:,:.: :";'~'. ,:.:.:.;.:.:.:.:-: .:.;.:.;.:
.'.,-."......,...,......
.....,'....-.."...-.-....'.'..
'Serving The Bayshore Area Since 1947'
mdersigned authority, on this date
Ired Karolyn Kellogg, a duly authorized
f The Bayshore Sun, a semi-weekly
shed and generally distributed in the
~;fUDg
"
," A meeting of the
City (;ouncll will follOW the
public hearing for the pur-
. pose . of acting upon the
public hearing items and to
conduct other matters per-
tainingto the Council.
Karolyn Kellogg
Authorized Representative
:ribed before me this
.;J ,f I Ii
day of '-:nl-
-/ I ; ;'i-1._
I ,j
I \
l~tr7'")r( <ytL.....,!-,-3-L/._-.......---
f:'-)
, 2002.
Ji".C .f
..;' ".,. ,y'
':.__ -u....t-l.....c::t;;-..rL4.--- /.....,..
Sandra. E. Bumgarner
Notary Public
Harris County, Texas
,Citizens wishing
to address the Council pro
or con during the Public
Hearing will be required to
sign in before the meetina
I
EXHiBIT ~
I City of La Porte I
Specl Conditional Use Permit # SCU02-_L__
This permit is issued to:
Ameen Narsi of Narsi, Inc.
Owner or Agent
301 W. Barbour's Cut Boulevard, La Porte, TX
Address
For Development of
Convenience store with automobile & truck fueling
Development Name
301 W. Barbour's Cut Boulevard, La Porte, TX
Address
Legal Description:
2.9 acres, being lots 1 thru 32 of Block 329, including alley and portion
of North 2nd Street right-of-way, out of Johnson Hunter Survey, City of La
Porte, Harris County, Texas.
Zoning:
Business Industrial (BI)
Use:
Convenience Store & Auto and Truck Fueling
Permit Conditions:
1. The facility shall only operate during daytime hours (6 a.m. to 8 p.m.).
2. The facility shall be operated and maintained properly.
3. No overnight facilities are allowed on the premises.
4. Seven spaces are allowed for truck parking.
5. Lighting is not allowed to illuminate the adjacent neighborhood.
6. Pedestrian access is allowed on 15l Street.
7. Truck traffic is not allowed on 1st Street.
8. At least 15% landscaping and screening must be provided along fl, 3rd, and North "E" streets as a
buffer between the neighborhood and the proposed facility. This must be compatible with current
landscaling scheme along Barbour's Cut Blvd.
9. No permanent structures are allowed in the City's 60' drainage easement.
10. Applicant must submit to the City written approval from Harris County for median break(s) along
Barbour's Cut Blvd.
11. Driveway turning radii shall te increased to accommodate trucks.
12. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte
and the State of Texas.
Failure to begin construction within one (1) year after issuance or as scheduled under the terms of a special
conditional use permit shall void the permit as approved, except upon an extension of time granted after
application to the Planning and Zoning Commission.
If construction is terminated after 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 ofthe
City of La Porte, and the previous zoning ofthe entire tract shall be in full effect on the portion which is
undeveloped.
Validation Date: August 12, 2002
Douglas K. Kneupper, P.E.
Director of Planning
Martha Gillett
City Secretary
EXHIBIT F
e
e
Staff Report
May 16,2002
Reauest:
Reauested Bv:
Reauested For:
Present Zonim!::
Reauested Use:
Baclmround:
Convenience Store with Automobile
and Truck Fueling
Special Conditional Use Permit # SCU 02-001
Special Conditional Use Permit Request #SCU 02-001
Mr. Ameen Narsi
Phase I is a 2.9-acre tract of land out of 5.8 acres described as lots 1 thru 32
of Block 329, including alley and portion of North 2nd Street right-of-way
(closed and abandoned per Ordinance No. 02-2534), out of Johnson Hunter
Survey, Town of La Porte, Harris County, Texas. (The remaining acres are
not being developed at this time.) The property is located in the 300 Block of
West Barbour's Cut Boulevard.
Business Industrial (BI) - building setbacks: Front 50' - Rear 40' - Side 30'
The applicant is seeking a Special Conditional Use Permit (SCUP) to
c.onstruct Phase I: a convenience store with automobile/truck fueling.
The applicant owns 5.8 acres located along Barbour's Cut Boulevard
between North 1st Street (Block 328) and unimproved 3rd Street (Block 329).
(See Exhibit B - Vicinity Map.) The alleys and a portion of North 2nd Street
right-of-ways were closed per Ordinance #SAC 00-03 on January 14,2002.
The City retained a 60' drainage easement within North 2nd Street right-of-
way to maintain the existing drainage system. In addition, the applicant
agreed to relocate the active 8" sanitary sewer line in the alley of Block 328
to a dedicated easement located on the east line of the property.
The applicant submitted the following items to City staff: a) construction
drawings for the relocation of sanitary sewer; and b) a re-plat of the property
consolidating Blocks 328 and 329 into one contiguous tract. Staff reviewed
and approved both items.
In February 2002, the applicant submitted a site plan to construct Phase I: a
convenience store with automobile and truck fueling. (See Exhibit C - Site
Plan. Note: this is an early representation of a site plan. However, if there
are mqjor site plan issues, the Commission may express these concerns at
this time. Once the minor development site plan is submitted, that meets the
City's requirements, Staff will approve the plan as provided by the City's
Development ordinance.)
Staff informed the applicant that this proposed use was not listed in the
regulations for industrial districts. According to Section 106-521, all
"unlisted" uses are considered conditional uses and require approval of
SCUP from the Planning and Zoning Commission and City Council before a
definitive site plan can be submitted for review and approval.
SCU02-00 1
Page 2 of3
Analvsis:
Summarv/
Recommendations:
e
e
Barbour's Cut Boulevard is the main truck route to and from the Barbour's
Cut Terminal facility. As a result, numerous trucking services related
businesses are located along this corridor. There is a small residential
neighborhood one block to the south of the site and three houses along North
1st Street that are within a General Commercial zone. A Resolution #01-12
promotes North "E" Street from 8th Street to 1st Street as a buffer between
commercial activities along Barbour's Cut Boulevard and residential areas.
Currently, portions of N "E" Street have been cleared, but most of the
neighborhood will be screened from the site by North "E" Street (See
Exhibit D - Resolution #01-12.)
The applicant is seeking the SCUP under Section 106-217 of the Code of
Ordinances, which establishes the following review criteria and conditions
for approval:
· That the specific use will be compatible with and not injurious to the use
and enjoyment of the other property, nor significantly diminish or impair
property values within the immediate vicinity.
· That the conditions placed on such use, as specified in each district, have
been met by the applicant.
· That the applicant has agreed to meet any additional conditions imposed,
based on specific site constraints necessary to protect the public interest
and welfare of the community.
Staff noted that the proposed use is compatible with the industrial uses in the
area. Developing this tract should not have any adverse impacts on the
surrounding area. Because water and sanitary sewer are both available to the
site, only a nominal impact will be placed on these public services. Drainage
issues are handled through storm water detention within the project. The
applicant understands that no permanent structures can be built in the 60'
drainage easement
To provide better access, the applicant will improve North 3rd Street, in
accordance with Section 5.01 of the City's Development Ordinance, to
ensure that paving meets or exceeds street design standards that
accommodate trucks. Furthermore, North 3Td Street will only be improved to
the end of the driveway (approximately 270'). In the future, North "E"
Street will become a buffer from the industrial uses and the residential
community.
Based on items discussed in this report, staff recommends approval of the
SCUP with the following conditions voluntarily developed by the applicant
and additional conditions developed by staff:
Applicant's conditionsl· The facility shall only operate during the hours of6 a.m. to 8 p.m.
SCD02-00 1
Page 3 of3
e
e
. No overnight facilities are allowed on the premises.
. North Jrd Street win be improved south of the existing pavmg for
approximately 270'.
Staff's conditions
. At least 15% landscaping and screening must be provided along 1 st, 3rd,
and North "E" streets as a buffer between the neighborhood and the
proposed facility. This must be compatible with the City's landscaping
Ordinance and beautification plan along Barbour's Cut Blvd.
. No permanent structures are allowed in the City's 60' drainage
easement.
. For this phase of development, ingress and egress are limited to 2 points
along Barbour's Cut Blvd. The second driveway provides shared access
between Blocks 328 & 329.
. Applicant must submit to the City written approval from Harris County
for median break(s) along Barbour's Cut Blvd.
. Driveway turning radii shall be increased to accommodate trucks.
. Automobile and truck traffic must be separated. Signs are placed at each
driveway denoting "auto" or "truck:" entrance/exit.
. Street improvement must adhere to the Harris County Engineering
Department's design standards for commercial/industrial roadways.
Options available to the Commission are:
1. Approve the SCUP as submitted by the applicant
2. Approve the SCUP with specific conditions either recommended by
staff or by the Commission
3. Disapprove the SCUP as submitted
A recommendation from the Commission on this SCUP will be forwarded to
City Council fOT final consideration. If the SCT.JP is approved by the City
Council, the applicant must submit a site plan noting the SCUP number.
Construction must begin or a time extension must be filed within one year
after the issuance or the permit shall become void. (See Exhibit E - Draft
SCU#02-00 1.)
Pursuant to Section 106-171 of the Ordinances, twenty-two (22) notices of
public hearing were sent to the owners of the adjacent properties. One
response returned in favor (copy attached).
.
~
-----;
L_
.'-<,'.:-'.-,'";- .'.
.,............--.__________--c-.----.- "" "--""'---
~ /
PAVlN('; C;F><"rlrir4TIO\l<:'
.ruCDH~Ri:'I'tP_TCllI(l.OOOR'.1
, '..01;" 1M' ...,,, .- T(I ~. <;j.~'"
~"Ula..(C't.....pUCtOllJ:C"".
COUl<lT .umST.'CSP,c
~:p~~I'~( ~O ~~"~CgCr:[.I.1CO
';;'"O~?.."":.~O>l'IlO. :O"''1"S TL II[
::"./~~~~;t~':..~. ~ ::'~Or; l
t
-
i
'-T-e', H _'~'D""L .
---~-- -
: . ~\.' C'1 .-'~~J""L
--~-- -
....-:,. C'1
,. . ~~-lo-:,' C'T
~--
r .:;0.\[;-::; fC].
------
,
01/1 ~/C2 ,
20.1."
z:
-<
-.-:;
:l..
::J
'Jl
;: ~
-- ::E
7 ~
~ ~
--; ~
~~l
-"'" >
-..-" :--,
.c:)
----
---:: :;::
-- ~
'-'
d_ z:
-- -
-::::;L:
?<
=-
i--'
Q:::
o
0-.
-<
,
.'""'
~
;::::c
;:=)
::.::.:U
'"V
~cn
,:::--' ~
'Y:., ~
==.:~
G-<
Z=
Zen
~...~ ~
>~
Z
~~
~ ~
~ 0]
=--cn
~~
~:;:::;
Cc::o
C:::c::
- -<
Co, ~..~
f2~Y::'
p.DDRE-SS: 201 BAR30URS CVT
g o~
;;,
L)
T)"",
TUX::
LANDSC.tEi.t:.J~.s:."~A,- YS~S
~f=R=!\JCE 5~NCHMARCK
CI~r 0'- U.
:;L"','i:Y "'A~
;8~.' NO
"
~,[;:t.EL OPER
".,~ E:., ',....,.1
DEVELOP!"\j;NT TYPE
tS ;r. 125 3L~C r~,~ C!f:\' S.C
L_!....~~:)SCAPE :....j;9_~~
1:.=GAl... DES~BlE.JJCN'
"-~ 0: ~K;;l" 21-1::" ~T;;:::- ::':1;i1i Oi
:.l....[[H !::~;>::'.;S ~2f, .:;: 2:9. ').." 01
~'J,p _)r l~ O(':;:i: DL'1 ,j,
'Ht. JOi-HS{lN rl,J':T::;; :E.~""fY .:--35.
:. ;:>:;.~TE, ;..:..'l.~::;: ,~~._ ,.;7V
SITE P~N
1.1II'.jO~ C::~EL'':';:'',':::~l
cor~v:::r;~E~:E ;7':"':
J;. .C' & 3
--.E.l.o..Q9S1 STAT::M_EI'.rT
Q~
t...l,I::~" "'AR:;,
~
L_
-"'-------.:.:-
:/-
;:
(
. f.'
"1
!
i
I
It
T
-
>--'
CO
>--'
C0
~~
-"'
~o
~~
o
z
25.00'
CONCRETE PAVEMENT
~t:
--
<i,'
I
_____L_________ --~~~~;~~~1------ -----
~"" ; H
28 '"!
5~ !=j!
J! r---~~----
6~~ ~~ ~ ~ ~
ii: t~ - ! ~-<- ~ - ~ -
~.,z
.::l@
~o
. <#\\:
-~-:='~~,,~;~;=~~-:?~~~~~:;. 256.JO
-:-0: f :>~:: ~ : ~~~ ~ :: ~:-~-,.c;'~T - - ~ :*: :: ~~:~ f:-:~~'~-: :@: J -,~ .~~~"-
'------~-
F'Jl'JFc
S~ S~~CES
.-CAL
VARD
CALL 12500'
___._____________n_
BOULEVARD
c
-------+-1----'
;TI ji1 ~ ~, I
~ ~. : ~;:;I
--------~~
9C _'
EASE~~NT ---
CUT
-+
-
g"RBOUP'S
/--:-:~)
I )..~"W:-'<; "ai'_il
~, ;J"'-'-" /.'
,,,. _,:--oc'''-l
=c--- =oc-J
--
--
-..
,_.
J.......
0~-
~
~ C} =c
- /:j <1.
~-cm0-
_~~ C:)
~~
!,
~~
~~
5~
~2
€~g
~"...
!,
"j
i~
-8:===
I~
l-
I?)"
131
I! ~-~
----:"
I~
12
I.
I~
I
12,
I,' ,
>--'
lf1
o
0::
n
:r:
f-
0::
o
Z
50' R:::w
-
0-
~
~
.,
::.
~
.~ -====--
~L-t.-';
P,t.,=l!(:NG A"Jt.,~ vSiS
-,-,----~--
c:: ---r-::::::- :::-::------;-
----- "---
E
~C.t-.
cO
~"=:K~~
PLA_N _
SITE
, ' .
'--.../
e
e
e
e
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Source of Funds: N/A
Account Number: N/A
Department: Plannin2
Amount Budgeted: N/A
Report: _Resolution: _Ordinance: -X-
Amount Requested: N/A
Exhibits:
A. Ordinance for Industrial District Agreement
B. Industrial District Agreement
C. Ord. for Water & Sewer Service Agreements
D. Water Service Agreement
E. Sanitary Sewer Service Agreement
F. Area Map
Budgeted Item: _YES ...A-NO
SUMMARY & RECOMMENDATION
Don L. and Martha T. Tuffli Trust, developer of the Aluma Systems USA, Inc. site in Bayport North Industrial
Park, has recently approached the City for water and sanitary sewer service to serve the Aluma Systems
site located at 4700 New West Drive.
Council has approved a policy to provide utility services to companies located outside city limits and within
the City's industrial districts. These companies are required to maintain a current Industrial District
Agreement with the City. The agreements between the City and Don L. and Martha T. Tuffli Trust meet
council policies and administrative fees in the amount of $1 0,000 have been paid.
Don L. and Martha T. Tuffli Trust desires 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 1,250 gallons per day (1,250 gpd for domestic + 0 gpd for industrial processes). This
demand includes utilization of water for the building's fire sprinkler system and landscape irrigation. The
applicant will pay one and one-half (1-%) times the City's current utility rate.
The term ofthe 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.
Staff recommends approval of the Industrial District Agreement, Water Service Agreement and Sanitary
Sewer Service Agreement as submitted herein.
Action Required bv Council:
Consider approval of 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.
Approved for City Council Aeenda
8/7/0J
D~te
e
e
EXHIBIT "A"
Ordinance for Industrial District Agreement
e
e
ORDINANCE NO. 2000-IDA-62
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH DON L. AND MARTHA T. TUFFLI
TRUST (ALUMA SYSTEMS, INC. , LESSEE); FOR THE TERM COMMENCING
JANUARY 1, 2001, AND ENDING DECEMBER 31, 2007; 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. DON L. AND MARTHA T. TUFFLI TRUST has executed an
industrial district agreement with the city of La Porte, for the
term commencing January I, 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.
e
e
PASSED AND APPROVED, this r91t- day of (II) Cld.)1
I
,ii
ATTEST:
I
APPRQ~D: ,
.-/ /" _ <'/ //-"..."
/ 7tpt)< #, U~-1~
Knox W. Askins,
City Attorney
, 2002.
CITY OF LA PORTE
) /<:. /
B / 1"/ - 1-, "
y: ./ I P;' //7l{"l,.
/Nprrnari LC:'
Mayor
2
_./ / ./
~ / /
:;:/' /"..(;; ",i.,'/'
0-/ J " .. ~_.
'".' ,..- y/ #--1' ~
Ma16ne,
e
e
EXHIBIT "B"
Industrial District Agreement
e
e
NO. 2000-IDA-(P~
STATE OF TEXAS
COUNTY OF HARRIS
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal corporation of Harris County,
Texas, hereinafter called IICITYII, and DON L. AND MARTHA T. TUFFLI
TRUST (ALUMA SYSTEMS USA, INC., Lessee) hereinafter called
II COMPANY II ,
WIT N E SSE T H:
WHEREAS, it is the established policy of the City Council of
the city of La Porte, Texas, to adopt such reasonable measures from
time to time as are permitted by law and which will tend to enhance
the economic stability and growth of the City and its environs by
attracting the location of new and the expansion of existing
industries therein, and such policy is hereby reaffirmed and
adopted by this City Council as being in the best interest of the
City and its citizens; and
WHEREAS, pursuant to its policy, city has enacted Ordinance
No. 729, designating portions of the area located in its
extraterritorial jurisdiction as the IIBattleground 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
e
e
1.
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 lOa' 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.
II.
In the event that any portion of the Land has heretofore been
annexed by CitYt Company agrees to render and pay full City ad
valorem taxes on such annexed Land and improvementst 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,
improvementst 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 expenset 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
e
e
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.
III.
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 I, 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
I, 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
3
e
e
each year by City's independent appraiser, in accordance
with the applicable provisions of the Texas Property Tax
Code; and
2. (a) On any Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) dedicated to new
construction, in excess of the appraised value of
same on January 1, 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, valuei 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
e
e
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
e
e
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
6
e
e
expert opinion, and shall render its written decision as
promptly as practicable. That decision shall then be
final and binding upon the parties, subj ect only to
judicial review as may be available under the Texas
General Arbitration Act (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 anyone or more words, phrases, clauses,
sentences, paragraphs, sections, articles or other parts of this
Agreement or the application thereof to any person, firm,
7
e
e
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.
ADDRESS:
2780 Skypark Drive, Suite 460
Torrance, CA 90505-5350
/J
. t&~~) u:J:~
Knox W. Askins
City Attorney
city of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
)~OF. ~/P~R;t
BY;!i ~~~:<:.---'
or an ~. lone
Mayor
ATTEST:
~~.~
cit Secretary
By:
a'J m'\ n '''JD'f,rn
AG.f'j cit
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
Phone:
Fax:
(281) 471-1886
(281) 471-2047
8
e
e
"EXHIBIT An
(Metes and Bounds Description of Land)
e
e
REXHIBIT BR
(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.)
e
e
"EXHIBIT e"
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.
e
e
nEXHIBIT Cn
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 band 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 subj ect 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.
e
e
EXHIBIT "C"
Ordinance for
Water & Sanitary Sewer Service Agreements
e
e
- r ..--,
ORDINANCE NO. 2002- /~~ IJ ':)
AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT
AND A SANITARY SEWER SERVICE AGREEMENT BETWEEN THE CITY Or 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 lS 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 subj ect 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.
l
e
ORDINANCE NO.
2002- "~51} 3
PASSED AND APPROVED, thi s
ATTEST:
~tLa. ~jJJj
ar ha A. Gillett
City Secretary
APPROVED: . _ j
a~d~
Knox W. Askins
City Attorney
l~
e
PAGE 2
day of {Lell 1\ iAS-r
J
., 2002.
CITY OF LA PORTE
e
e
EXHIBIT "D"
Water Service Agreement
tit
e
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
munitipa1 corporation of Harris County, Texas, hereinafter called "CITY", and DON L. AND
MARTHA T. TUFFLI TRUST, hereinafter called "COMPANY".
I.
COMP ANY is the owner of certain real property which is situated in CITY'S Bayport
Industrial District and not within the corporate limits ofthe CITY. CITY and COMPANY are parties
to a current IndustJial District Agreement.
11.
COMP ANY 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 CaMP ANY. For and in consideration of furnishing domestic potable water by CITY, the
parties hereto agree as follows, to-wit:
Ill.
CaMP ANY 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.
e
e
2
Upon review ofthese representations, the City has detennined the following:
Number of Company Employees on site
7.~
Number of Contract Employees on site
o
Total on-site Employees
?~
Potable Water Approved for Domestic Use
ltotal on-site Employees times 50 gpd per employee)
1 2')0
,
*Potable Water Approved for Industrial Processes (gpd)
()
Total Amount of Potable Water Approved for
Company (Average Daily Demand, gpd)
I 7.')0
,
IV.
CITY has determined that adequate facilities are available to CITY to fumish potable water to
COMP ANY based on the following terms and conditions, to-wit:
(A) Company shall pay to CITY a one-time administrative connection charge of $
') 000
,
(B) Potable water used for Industrial Processes shall be limited to the following:
*Rllilciinp: fire "prinkler (cie"ip:neci for orciimlfY h~z~rci p:rollp?, 1')0-4')0 p:pm), l~nci"~~pe irrip:;:Itinn
(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
for installation of utility mains funded by other parties.
as a pro-rata reimbursement
(E) The total amount of potable water approved (average daily demand) is established at ONE
THO. JSANO TWO HI fNOREO FIFTY (1,250) 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
e
e
3
for industrial processes.
(F) the average monthly demand ofTHJRTY Elr1HT tHOTJSANO, ONE RTJNOREO tWENTY-
tnm (38,125) 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 montWy demand of TRlRTY EIGHT TROT JSAND, ONE
HI JNhREO tWENTY-FIVE (38,125) gallons shall be one hundred fifty percent (150%) of the
CITY'S rate as established from time to time for conunercial customers inside its corporate limits.
(H) The cost of water for amounts used in excess of the established average montWy 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.
(1) Nothing contained in this Agreement shall obligate CITY to furnish more than the average monthly
demand of THlRTY E1GHT THOlJSAND, ONE H( TNDRED TWENTY-F1VF (38,125).
Repeated consumption greater than the established average montWy 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.
(M)COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the
e
e
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 applltable 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 CaMP ANY'S
p1ahs and specifications for the plumbing system(s). CITY plumbing inspectors shall have the right
to ihspect any and all work related to the furnishing of potable water to caMP ANY.
(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 CaMP ANY 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.
v.
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 COMP ANY. COMPANY shall
own and maintain all service lines and plumbing facilities beyond the meter. CITY shall own the meter.
VI.
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 Hams County license, permit, or
e
e
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.
VII.
city reselves the right of ently at all reasonable times for the purpose of inspection of
CaMP ANY'S water facilities, and to observe compliance with the tenns and conditions of this
AgH~emeht. When exercising its right of ently, CITY shall notifY COMPANY in advance. CITY also
agt"ees to follow established health and safety policies in effect at CaMP ANY'S facility.
VIII.
CITY reserves the right to terminate this agreement in the event of violation of the terms and
provisions hereof by CaMP ANY. 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 water
supply is threatened.
IX.
Upon receipt of written notice of temnnation, 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.
X.
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
tins 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.
e
IN 0 ffi . h !IJ\
ENTEReD T e ectIve t e
CITY OF LA PORTE
ATTEST:
V!14!JAthd CJ. ,r4I1L~
Martha A. Gillett
City Secretary
APPROVED: '1'
./ ,. '/- . I /'.. ./
-,.I-)Z{ ..; 1(. 1./
:" . /,' / (J ,J .,' --- - _,~
1/ {Z(!d'( '1,>.;:....
Knox W. Askins
City Attorney
City Attorney
PO Box 1218
La Porte, TX 77572-1218
Phone: (281) 471-1886
Fax: (281) 471-2047
e
6
day of !)jU (ll \ I"'),
')
,2002.
~TY OF LA PORTE
Bj;/;f~1?4;t-
Norman L. Malone
Mayor
City of La Porte
PO Box 1115
La Porte, TX 77572-1115
Phone: (281) 471-5020
Fax: (281) 471-7168
e
e
7
This is EXHIBIT A, consisting of 1 page,
referred to in and part of the Water Service
Agreement and/OI' Sanitary Sewer Service
Agreement be~wee~ CITY and SOM~ ANY
dated ry/J/Lif- 8//v/!!)
I ( I '
~itia1:
CITY'
CaMP ANYc_:~' --
, -
ADDITIONAl, RFQl llRFMFNTS
The Agreement is amended and supplemented to include the following agreement of the parties.
CaMP ANY shall provide additional improvements as specifically set forth below. These
agreements represent contractual undertakings of COMP ANY, 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
COMP ANY are an integral part of the consideration by CaMP ANY 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:
COMP ANY shall submit a Landscaping Plan subject to approval by CITY.
COMP ANY shall install and maintain landscaping along its existing developed
frontage as per approved Landscaping Plan as a condition of continued water
service.
e
e
EXHIBIT "E"
Sanitary Sewer Service Agreement
e
e
1
STATE OF TEXAS ~
COUNTY OF HARRIS ~
SANITARY SEWER SERVICE AGREEMENt
(for Companies located in Bayport North Industrial Park)
This AGREEMtNT 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, 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.
II.
COMPANY is desirous of purchasing sanitary sewer service from CITY for usual human
domestic uses. COMP ANY 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 offurnishing sanitary sewer service by CITY, the parties hereto
agree as follows, to-wit:
ill.
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.
e
e
2
Upon review ofthese representatibns, the City has determined the following.
Number of Employees on-site
)')
Number of Contract Employees
o
Total on-site Employees
)')
Sanitary Sewer Desired for Domestic Use
(Total on-site times 50 gpd per employee)
1 )')0
,
Sanitary Sewer Approved for Industrial Processes (gpd)
o
Total Amount of Sanitary Sewer Approved
by Company (Average Daily Demand, gpd)
1 ) ')0
,
N.
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 $
') 000
,
(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 ONE THOTTSAND TWO HlTNnRED FIFTY
(.1...,25Q) gallons per day. This number is based on an average offifty (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 of30.5, which shall be used to facilitate service billings.
(E). The cost of sanitary sewer service up to the average monthly demand of THIRTY TWO
THOTTSAND POOR HlTNnRED SIX (1).,406) 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
e
e
,..,
-'
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 THTRTY TWO THOlTSAND FOlTR HTTNDRFD SIX (11,406) gallons.
Repeated sanitary sewer delivery greater than the established average monthly demand may result
in termination of service.
(R). 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.
(I). 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 ofthe 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.
(M). 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. 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 sanitary sewer service to
COMPANY.
e
e
4
(N). 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). COl\1P ANY 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 COl\1P ANY'S facilities
shall be solely at the expense ofCOl\1PANY. COl\1PANY shall own and maintain all service lines and
plumbing facilities.
VI.
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.
VII.
CITY reserves the right of entry at all reasonable times for the purpose of inspection of
COl\1P ANY'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.
VITI.
CITY reserves the right to terminate this agreement in the event of violation of the terms and
provisions heroofby 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.
e
e
5
IX.
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 lWL day of CUt-1Lj Ii 1)1
,2002.
By:
CITY OF LA PORTE
ATTEST:
~TY OF LAPORTE
B4~~~
Norman L. M e
Mayor
e
e
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 GITY and CO~ ANY
d d a/'/~ -I" V/I'7[I,1
ate '1,,'.1 / v /,.- [J/ // It ,/
), . '/ . / ~I ' -/ "'C -/ I '
I
~nitial:
COMP~~~
ADDTTTONAL REQTTTREMENTS
The Agreement is amended and supplemented to include the following agreement of the parties.
COMP ANY 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.
COMP ANY shall construct and maintain any storm water system as a condition of
continued water and/or sewer service.
2) Beautification Efforts:
COMP ANY 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:
COMP ANY shall install a sanitary sewer sampling well in accordance with CITY's
standards.
4) Industrial Waste Permit:
COMP ANY shall submit application to CITY for industrial waste permit.
e e
EXHIBIT "F"
Lt\rea Map
.
.
e
e
f-
e
e
RE UEST FOR CITY COUNCIL AGENDA ITEM
Department:
Appropriation
Agenda Date Requested: Au ust 14 2002
Requested By:
Stephen L. Barr
unds:
N/A
Account Number:
N/"
Re ort:
Resolution:
Ordinance: X
Amount Budgeted:
N/A
Exhibits:
Ordinance No. 2002-
Amount Requested:
N/A
Exhibits:
Aereement
Budgeted Item:
YES
NO
Exhibits:
Resolution - FPRHOA Board of Directors
SUMMARY & RECOMMENDATION
The City has negotiated an Agreement with the Fairmont Park East Homeowner's
Association to exchange the 1.8 acre parcel of land occupied by the Fairmont Park East park and
swimming pool, for an 8.15 acre site currently being used as a detention basin for the Fairmont Park
East subdivision. The Fairmont Park East Homeowner's Association will continue to operate the
swimming pool and park as a recreation area for neighborhood residents. The City will pursue re-
designing the existing Fairmont Park East Detention Basin to convert it into a multi-use
park/detention facility. The existing facility does not have adequate maintenance access for
utilization as a recreation area. Re-design will provide the needed access and, with community
input, also provide a conceptual park layout for future development of this site.
Staff recommends that the ordinance be approved. The City plans to work with the
Fairmont Park East Homeowner's Association to develop a detention basin/park that will meet both
the City's and the area homeowner's recreation needs at this new park site.
Action Required bv Council:
Consider approval or other action regarding an ordinance authorizing an agreement between
the City of La Porte and Fairmont Park East Homeowner's Association for the exchange of real
property and providing for the construction of a neighborhood park.
Approved for City Council A2enda
6~' ;; ~
Dati I
/
,.
e
e
ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
PO BOX 1218
LA PORTE, TEXAS 77572-1218
Mr. Stephen
Director Parks & Recreation
City La Porte
cit Hall
Porte, Texas
TELEPHONE 281 471-1886
471-2047
KNOX W_ ASKINS
JOHN D. ARMSTRONG
CHARLES R. HUBER. JR.
BOARD CERTIFIED - CIVIL TRIAL LAW
TEXAS BOARD OF LEGAL SPECIALIZATION
CLARK T. ASKINS
..... ~ .'.,. ,.__ -', ' .....R_._
August I, 2002
Re: Fairmont Park East Homeowners' Association
Dear Stephen:
John Joerns has asked me to make a final review of the enclosed
documents, which are now ready for city Council approval at the
August 12th meeting:
1. Ordinance;
2. Agreement with Fairmont Park East Homeowners'
Association;
3. Deed from Fairmont Park East Homeowners' Association to
the City of La Porte of the detention pond property;
4. Deed from city of La Porte to the Homeowners'
Association;
5. copy of minutes of the Homeowners' Association; and
6. copy of opinion letter from Homeowners' Association
attorney to the City of La Porte.
Please prepare an agenda request and give this package to Martha
Gillett for the August 12th agenda.
,;;?lJ truly,
Knox W. Askins
city Attorney
City of La Porte
KWA: sw
cc: Mr. John Joerns
Acting city Manager
city of La Porte
~. Martha Gillett
vCity Secretary
city of La Porte
e
e
ORDINANCE NO. 2002 - ,.Q, Sf) tf
'J
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND FAIRMONT PARK EAST HOMEOWNERS' ASSOCIATION,
FOR THE EXCHANGE OF REAL PROPERTY AND PROVIDING FOR THE
CONSTRUCTION OF A NEIGHBORHOOD PARK, MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The city Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The 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.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
e
ORDINANCE NO. 2 0 02 _ .J / /)
{f' ~)
e
PASSED AND APPROVED, this 12th day of August, 2002.
ATTEST:
~1 wJ~4 i{l~J
Martha A. Gil 'ett
city Secretary
I
,I
APPROV~ : ///
2' / Ir{;;' ,/ .
,/ / 'j'
~..<- ,. /; l /iI
/ ;' /, _ - .- _:-_4 /1 i
v-/ t/v0'-j III ,,_0in'\./~
Knox W. Askins
city Attorney
CITY OF LA PORTE
By:
A
l./ ,-4/1~ //
(, , ,'. ,.,/"" // / -y(/
~: ~~J/i?, d1k::" / /(< &>.-
Ntorman< Malone
Mayor
PAGE: 2
e
e
AGREE~~ENT
S~ATE OF TEXAS ~
~
COUNTY OF HARRIS ~
THIS AGREEMENT, made and entered into this 1st day of July,
2002, by and between the CITY OF LA PORTE, a municipal corporation,
of Harris County, Texas, he~einafter referred to as "CITY", and the
FAIRMONT PARK EAST HOMEOWNERS' ASSOCIATION, a Texas non-profit
corporation, having its principal office in Harris CountYI Texasl
hereinafter referred to as "ASSOCIATION" I
RECITATIONS
I.
The parties to this Agreement heretofore entered into that
certain Agreement of Lease, dated April 11 19831 wherein CITY is
Lessorl and ASSOCIATION is Lesseel in which Agreement of Lease that
certain lot, tract or parcel of landl known as the Subdivision
Community Centerl containing 82/543.05 square'feetl more or lessl
as shown on the plat of section Two I Fairmont Park East, as
recorded in Volume 319, Page 53 I of the Map Records of Harris
CountYI Texas I reference to which is here made for all purposes I
which Agreement of Lease is for a term expiring March 311 2023.
The purpose of the Agreement of Lease was to provide for operation
of the property by ASSOCIATION as a park and recreation areal for
the benefit of its residents.
/
II.
. ~.
day 0 f
I 19981 Eddie V. GraYI Trusteel as grantorl conveyed to
out of the william M. Jones Survey, Abstract No. 482 I Harris
e
e
County, Texas, and being more parL~cularly described as Detention
Reserve on the Plat of Fairmont Park East, section Six, as recorded
under Harris County Clerk's File No. T569294. The warranty deed
contained the following restrictions, to-wit:
"Further, the real property conveyed hereby may be used
only for the purpose of detention of rainwater from
Fairmont Park East, section Six, and from future sections
as shown on the General Plan of Fairmont Park East, which
includes Fairmont Park East, sections Five, and Seven
through Nine;
SAVE AND EXCEPT that said tract may also be used for
recreational playing fields, open space, park area or
other similar use so long as any use of the said tract
shall in no way interfere with its use as a detention
area for rain water. By acceptance of this warranty
deed, the Grantee herein accepts the responsibility for
maintenance of the real property. This restriction as to
the use of this tract shall also be included in the
Declarations and Covenants recorded against Fairmont Park
East, section Six, of even date herewith and any member
of the Fairmont Park East Homeowners' Association and/or
the city of La Porte shall have the right, but not the
obligation, to enforce this restriction."
III.
ASSOCIATION is desirous of obtaining a special warranty deed
from CITY, conveying to ASSOCIATION, the real property described in
Paragraph I, above.
CITY is desirous of obtaining a special warranty deed from
ASSOCIATION, to the real property described in Paragraph II, above.
ASSOCIATION has taken all steps legally necessary, to obtain
the consent of its members, to this proposed exchange.
CITY will approve this proposed excharlge by ordinance which
shall be adopted by the city Council of CITY.
~. ASSOCIATION will continue to operate the real property
described in Paragraph I, above, as a recreation area for its
residents.
2
e
e
CITY proposes to use the real property described in Paragraph
iI, above, as a stormwater detention area and a neighborhood park.
The focus of a neighborhood park is to provide active recreation
and playground use for the residents of nearby neighborhoods.
Typical activities include field games, court games, playgrounds,
picnicking, and walking/jogging.
CITY contemplates developing a
neighborhood park that also functions as a detention basin, similar
to CITY's Glen Meadows Park.
CITY will not build out the park for use in organized league
sports with the associated fenced fields, light towers, and
concession stands. The park might include backstops for practice
or pick up baseball/softball games.
The park will include off-street parking.
CITY will not
permit on-street parking on Driftwood Drive, adjacent to the park.
ASSOCIATION will appoint a committee to provide input to CITY
regarding the design of park.
WIT N E SSE T H:
That the parties hereto, for and in consideration of the
premises, and the mutual covenants and agreements contained herein,
agree as follows:
I.
CITY shall convey to ASSOCIATION, by special warranty deed,
/
free of any liens and encumbrances, including any ad valorem taxes,
the real property described in Recitations, Paragraph I, herein.
. ~i.-
II.
ASSOCIATION shall convey to CITY, by special warranty deed,
free of any liens and encumbrances, including ad valorem taxes, the
3
e
e
real property described in Recitat~0ns, Paragraph II, herein. The
conveyance from ASSOCIATION to CITY shall be subj ect to the
~estrictions contained in the warranty deed from Eddie V. Gray,
Trustee, to ASSOCIATION, described in Recitations, Paragraph II,
above.
III.
ASSOCIATION shall continue to operate the real property
described in Recitations, Paragraph I, as a recreation area for its
residents.
IV.
CITY shall construct and operate on the real property
described in Recitations, Paragraph II, the facilities described in
Recitations, Paragraph II, herein.
V.
The existing Agreement of Lease between CITY and ASSOCIATION,
dated April 1, 1983, will be deemed merged into the title of
ASSOCIATION, by this transaction, and cancelled.
VI.
CITY shall assume and pay current year ad valorem taxes on the
real property described in Recitations, Paragraph II, herein.
ASSOCIATION shall assume and pay all tax liability on the
improvements on the real property described in Recitations,
Paragraph I, herein.
/
VII
ASSOCIATION agrees not to impose or assess any fees or
. ~.
-assessments, against the property conveyed by ASSOCIATION to CITY.
The Detention Pond property described in Recitations, Paragraph I I,
herein, shall not be subject to the covenants and restrictions of
4
e
e
Fairmont Park East, Section six, -:.::c:ept to the extent as outlined
in t-.he Deed from Eddie V. Gray" Trustee, as Grantor, to the
ASSOCIATION, as set forth in Recitations, Paragraph II, herein.
IN WITNESS WHEREOF, the Parties hereto have hereunto signed
and sealed this instrument in several duplicate originals, this the
1st day of July, 2002.
CITY OF LA PORTE
By:
::::;.
. =a:~ra
a~e,=
ATTEST:
LfJJ4{d~Jllili
Mar ha Gillett
City Secretary
Jo n Joerns
Acting City Manager
I
APP"R0VEP:, ~, /, __ ///f'
1:)::;/ , ,/;/ / I
" , .-1..,' ,t~;//,I~ '. /" _
? j, 'J'Y/'1-, iid;/';h-'
i ~/I./tr-"., v.1/- ,. .......--..."
Knox W. Askins
City Attorney
FAIRMONT PARK EAST
HOMEOWNERS' ASSOCIATION
G~-. ~') 'Le'
I""" 'i
By: t-)"G _ j ~"'L.'_'_
David KlJ.ng n
President
,/
,-.,., . ~i..'
e
e
RESOLUTION OF THE BOARD OF DIRECTORS OF
FAIRMONT PARK EAST HOMEOWNERS' ASSOCIATION
AUTHORIZING TRADE OF PROPERTY WITH CITY OF LA PORTE
STATE OF TEXAS 9
COUNTY OF HARRIS 9
WHEREAS, the Declaration of Cov~nants, Conditions, and Restrictions for each
section of Fairmont Park East subdivision has been amended by the appropriate number
of owners in each section with the result that each document now contains language
allowing the transfer ofthe detention pond area in Fairmont Park, Section Six to the City
of La Porte to be used as a park area, and
WHEREAS, the City of La Porte wishes to enter into an agreement to accept the
detention pond area and in return deed the parcel of land containing the Subdivision
Community Center to the Fairmont Park East Homeowners' Association (hereinafter
"Association"), and
WHEREAS, the Board of Directors of the Association are of the opinion that the
trade will be beneficial for the Association,
NOW THEREFORE, the Board of Directors hereby resolves the following:
Under the power granted by the Declaration of Covenants, Conditions and
Restrictions for each section of Fairmont Park East subdivision, the Board of
Directors for Fairmont Park East Homeowners' Association hereby agrees to deed
the detention pond area in Section Six to the City of La Porte and to accept the
deed to the Subdivision Community Center property from the City of La Porte.
TIDS RESOLUTION was unanimously approved by the Board of Directors of Fairmont
Park East Homeowners' Association on the \f>-th day of ~ '
2002.
c:=- -'
"' /, I' fl ~
; ') .-/}, J
.' \. j 0-d...../ ftl,--:...,,}'~
David Klingman, Pr~sident
..4 J /}
.. I' ~ i y' !
'7 ~.JL~L - C7)rMd~
Marsha Lindstrom, Vice-President
/'! /7
'-- ; i c:/ L/-
y~ti;:~ z. b~" ,-/
Dougryant, Direct6l-
.;j.
'. ~ .
'. ,='" Y1..dt{ \...il.' ../~..<.t-/:"
Don Wilcox, Director
e
e
rHE STATE OF TEXAS
s
s
s
COUNTY OF HARRIS
, 'II ~ instrument was acknowledged before me, on the 15th day of
~ ' 2002, by David Klingman, President of the Board of
Directors 0 he Falrmont Park East Homeowners' ~ \JJ~
~\ Cathryn Winfield NOTARY P .. IC IN FOR
.{.., '.\NotaryPublicSlateoITe'as THE STATE OF TEXAS
,,-~";;!. . .'"J My CommISSion Expires
~!.~,!.:7 MARCH 12. 2005
COUNTY OF HARRIS
s
s
s
THE STATE OF TEXAS
, E';~'~""''''' Cathryn Winfield
J;t?\.i I/otary Pubtic. Stlte ot Texas
'.....;J!5i-- J My Commis_'e.pwll
~!.!'PMARCH 12. 2005
was acknowledged before me, on the 15th day of
2002, by Marsha Lindstrom, Vice-President of the Board of
he Fairmont Park East Homeowners' Association. . '
~W~
NOT ARY PUB IC IN AND R'
THE STATE OF TEXAS
COUNTY OF HARRIS
s
s
s
THE STATE OF TEXAS
was acknowledged before me, on the ~ day of
2002, by Mike Prasek, Secretary/Treasurer of the Board of
Directors 0 t e Fairmont Park East Homeowners' Association. .
Nof9c~~
THE STATE OF TEXAS
~........
E~.~~.~.....\ Cathryn Winfield
~ j.l Notary Public. Slale 01 Te,as
'.~_.... "I My CommISSIon Expires
'...~~-'" MARCH 12, 2005
"-"'- <f---
e
e
COUNTY OF HARRIS
s
s
s
THE STATE OF TEXAS
instrument was acknowledg..;d before me, on the J 5tv\ day of
2002, by Doug Bryant, member of the Board of Directors of
k East Homeowners', Association, r~ 10~
' NOTARYP LICIN FOR
THE STATE OF TEXAS
4~~'~';\ Cathryn Winfield
te( ',.i NOlar'/ PubliC Stale of le.a\
". .....;,,1 My ComnllssJon (<plies
....~!.~:-." MARCH 12. 2005
COUNTY OF HARRIS
s
s
s
THE STATE OF TEXAS
instrument was acknowledged before me, on the \5 th day of
2002, by Don Wilcox, member of the Board of Directors of
ark East Homeowners' Association.
~10~
NOTARY PUBL IN AND F
THE STATE OF TEXAS
~_.""
/,:~~.:.~.~,::;:\ Cathryn Winfield
~' ..(~_.) NOlar'/ Public Slale of bas
,~~ My Commission expires
_~-MARCH 12. 2005
,
_ "i..
e
e
ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
702 W_ FAIRMONT PARKWAY
P.O_ BOX 1218
LA PORTE. TEXAS 77572-1218
KNOX W. ASKINS
..JOHN D. ARMSTRONG
TELEPHONE 281 471-1886
TELECOPIER 281 471-2047
CHARLES R_ HUBER, ..JR
SOARD CERTIF!ED - CIVIL TRIAL LAW
TEXAS BOARD OF LEGAL SPECIALIZATION
CLARK T ASKINS
------~Q-- - ...
September 3, 2002
Ms. Martha Gillett
city Secretary
City of La Porte
City Hall
La Porte, Texas
Dear Martha:
I enclose herewith original Special Warranty Deed from Fairmont
Park East Homeowners' Association to the City of La Porte, of the
property described as Detention Reserve, Fairmont Park East,
Section six. This deed was recorded August 21, 2002, under Harris
County Clerk's File No. W022864. I am also forwarding to you a
certified copy of the Resolution of the Board of Directors of
Fairmont Park East Homeowners' Association, authorizing the trade
of property with the city of La Porte, which was recorded on the
same date under Harris County Clerk's File No. W022865.
Please place these documents in the City's permanent real estate
records.
I enclose copy of my letter to Harris County Appraisal District,
rendering this property in the name of the city of La Porte, and
claiming tax exemption.
Yours very truly,
,>)Z;vr;f/
./ '
KIiox W.Askins
City Attorney
city of La Porte
KWA: sw
Enclosures
cc: Mr. John Joerns
Acting city Manager
city of La Porte
Mr. Doug Kneupper
Director of Planning
city of La Porte
Mr. Steve Barr
Director of Parks & Recreation
City of La Porte
II"'~
(J"\
~I~
(\l
I
II~\
~~
I
I
~n
In
In
e
e
W022864
SPECIAL WARRANTY DEED
08/21/02 101908575 W0228t4 ill.00
Date:
July I, 2002
Grantor:
FAIRMONT PARK EAST HOMEOWNERS' ASSOCIATION
a Texas non-profit corporation
,j;). g. Dux 174~ ).~lq~lci &LLtF ffeeukLLj (0w.:k.. ,jaJ
Houston, TX 77251 1103' i a v
I' \~~
Mailing Address:
Grantee:
CITY OF LA PORTE, a municipal corporation
Mailing Address:
604 West Fairmont Parkway
La Porte, TX 77571
Consideration: Ten and NO/100 Dollars ($10.00) cash and other good
and valuable considerations
Property (including any improvements) :
That certain 8.151 acres, more or less, out of the
William M. Jones Survey, Abstract No. 482, Harris County,
Texas, and being more particularly described as Detention
Reserve on the Plat of Fairmont Park East, section Six,
as recorded under Harris County Clerk's File No. T569294,
in the city of La Porte, Harris County, Texas.
0, -"
, .
FILE FOR RECORD
8:00 AM
AUG 2 1 2002
~4,~~-/
County CIeri<. Harris County, Texas
Reservations from and Exception to Conveyance and Warranty: Taxes
for the current year have been prorated and are assumed by Grantee.
This conveyance is made subject to all and singular the
restrictions, conditions, oil, gas, and other mineral reservations,
easements, and covenants, if any, applicable to and enforceable
against the above described property as reflected by the records of
the county clerk of the aforesaid county.
1/\1
(:1"1
\i~'1
I'll
II
I
~~~
;~\
\
Il)
1,"1
,~ I
~,r)
e
e
Grantor for the consideration and subject to the reservations from
and exceptions to conveyance and warranty r grants r sells rand
conveys to Grantee the propertYr together with all and singular the
rights and appurtenances thereto in any wise belongingr to have and
hold it to Granteer Granteers heirsr executorsr administratorsr
successorsr or assigns forever. Grantor binds Grantor and
Grantorr s heirs r executors r administrators r and successors to
warrant and forever defend all and singular the property to Grantee
and Granteers heirsr executorsr administratorsr successorsr and
assigns against every person whomsoever lawfully claiming or to
claim the same or any part thereofr except as to the reservations
from and exceptions to conveyance and warrantYr bYr throughr or
under Grantorr but not otherwise.
When the context requiresr singular nouns and pronouns include the
plural.
FAIRMONT PARK EAST
HOMEOWNERSr ASSOCIATION
r":'.--) 'Q"l i 'I '
By: ~.IG~- ~j ~ U'Ld.~v
avid KI i'ngma.
President
ATT~/
ANY PRO'IISDH HEREIN WHICH RESTRtTS M SAlE, ROON., OR USE OF THE DESCRIBEIl REAl.
PRa>ERTY BECAUSE Of COCOIl OR RACE ~ INYfiIO AND UHEMf()llW8lE UNDER feDERAl lAW.
THE STATE OF TEXAS
COUNTY OF HARRIS
I hereby C8llItt IhalIl1is InslrvmenI VIIS FLED In flit IMIber Sequence an !he dale and at !he lime
IlImptd henaIi b1 me; and "'I duly RECORDED, Ii1lhe 0IlicAI MIic RecoldI or Reel Propedfof Harris
CMy, TtIIlIon
AUG 2 1 2002
STATE OF TEXAS
~
~
~
e
~d~
COUNTY CLERK
HARRIS COUNTY, TEXAS
COUNTY OF HARRIS
~nstrument was acknowledged
r 2002r by David Klingmanr
East H eownersr Associationr a Texas
behalf of said association.
before me on the 15th day of
President of Fairmont Park
non-profit corporationr on
~.~?:~~ CdIIyn . .nI11.
. . .,.......
..,~
~~~~ MARCH 11,_
AFTER RECORDING RETURN TO:
ASKINS & ARMSTRONGr P.C.
P.O. Box 1218
La Porter TX 77572-1218
PREPARED IN THE LAW OFFICE OF:
ASKINS & ARMSTRONG, P.C.
P.O. Box 1218
La Porter TX 77572-1218
e
e
H02286S
RESOLUTION OF THE BOARD OF DIRECTORS OF
FAIRMONT PARK EAST HOMEOWNERS' ASSOCIATION
AUTHORIZING TRADE OF PROPERTY WITH CITY OF LA PORTE
STATE OF TEXAS S
COUNTY OF HARRIS
S
08/21/02 101908576 W022865
$13.00
WHEREAS, the Declaration of Cov~nants, Conditions, and Restrictions for each
section of Fairmont Park East subdivision has been amended by the appropriate number
of owners in each section with the result that each document now contains language
allowing the transfer of the detention pond area in Fairmont Park, Section Six to the City
of La Porte to be used as a park area, and
('\")
(:)'1
~~
N
I
!
~~I
II~
I
I
bn
tfl
If'
ill
WHEREAS, the City of La Porte wishes to enter into an agreement to accept the
detention pond area and in return deed the parcel of land containing the Subdivision
Community Center to the Fairmont Park East Homeowners' Association (hereinafter
"Association"), and
WHEREAS, the Board of Directors of the Association are of the opinion that the
trade will be beneficial for the Association,
NOW THEREFORE, the Board of Directors hereby resolves the following:
Under the power granted by the Declaration of Covenants, Conditions and
Restrictions for each section of Fairmont Park East subdivision, the Board of
Directors for Fairmont Park East Homeowners' Association hereby agrees to deed
the detention pond area in Section Six to the City of La Porte and to accept the
deed to the Subdivision Community Center property from the City of La Porte.
THIS RESOLUTION was unanimously approved by the Board of Directors of Fairmont
Park East Homeowners' Association on the _\~-th day of ~ '
2002.
c)~~o~ '
David Klingman, P~
/I~ j~
Marsha Lindstrom, Vice-President
',~YLdq, V\~\ ~
Don Wilcox, Director
'. ~. J P=
y~ F ft ~
Doug ryant, Direc r
FILE FOR RECORD
9:00 AM
AUG 212m2
~4~~~./
County Clerk. Harris County, Texas
e
e
COUNTY OF HARRIS
9
9
9
THE STATE OF TEXAS
~ThiS instrument was acknowledged before me, on the \5tn
, 2002, by David Klingman, President of the
Directors he FaIrmont Park East Homeowners' AssocIatIon. ..
NOT~~~
THE STATE OF TEXAS
day of
Board of
~'"'7.~\ Cathryn Winfield
.w.:~ IIolal'/ Public. Slale of Te.as
~~ My COmnllSSlon EKpores
~~~ MARCH 12. 2005
COUNTY OF HARRIS
9
9
9
\I:~
(:n
"1'\'\
"\
(\1
I
1
il~
~I~
I
bfl
tn
IJj
THE STATE OF TEXAS
was acknowledged before me, on the 15*' day of
2002, by Marsha Lindstrom, Vice-President of the Board of
he Fairmont Park East Homeowners' Association. ..
e LO~
NOT~INAND R
THE STATE OF TEXAS
~:?'~' Cathryn Winfield
i ~,.. JIo\aIy Public. StIlI" 1_
/ My commiltiGft.bpirII
J~~"~MARCH 12. 2005
com..rry OF HARRIS
s
s
s
THE STATE OF TEXAS
was acknowledged before me, on the ~ day of
2002, by Mike Prasek, Secretary/Treasurer of the Board of
Directors 0 t e FairIDont Park East Homeowners' Association.
NO~C~~
THE STATE OF TEXAS
~~.~~ Cathryn Winfield
/. NotarY Public, Slale o11e.as
~ ~ My CommISSIOn expires
.'!.! -MARCH 12. 2005
U'l
0'1
~
N
I
''f
~
I .
lJl
lJl
U'l
~
e
.
THE STATE OF TEXAS ~
~
COUNTY OF HARRIS ~
~hi instrument was aclmowledgod before me, on the J51+1 day of
_~_ ' 2002, by Doug Bryant, member of the Board of Directors of
the Fairmont k East Homeowners' AssociatioIi. CJl-HnhJ rJ LO' vi L tl G d
NOT~IN~
~~~-i1" .. Cathryn Wintle I!! THE STATE OF TEXAS
. . Notlry PubliC Sllle olle.n
. y ~ My ComnllSSlon Etplles
~..~ MARCH 12. 2005
THE STATE OF TEXAS
~
~
~
COUNTY OF HARRIS
instrument was ackn~wledg~d before me, on the \S*' day of
2002, by Don Wilcox, member of the Board of Directors of
ark East Homeowners' Association.
~i'i"'i'<. Ca"'rin Winfield- NOTAR~ ~~
· Mollry Public Sllte olle.n THE ST A 'TE OF TEXAS
. a .., CommllllOll b,"n .n.
-MARCH '2. 2G05
As lu,vUl-- ~. Ai' InS+YC)'h1
p. O. e){r~ I~ll ~ J
L~ P aim 1 Tv.. 7? frJ'lJ d-
MY PIIlI'tmIllERRIllIICllllEmll:lS 111 IMI.RBlTM, III USE II 111 DESalIIED REAL
PRCIlBIlY IECMISE II CClllIIIIlRa IS IlVMIlNII UIORlIICfItIlE UIlIlER RDSlAl.IAW.
THE StATE OF TEXAS
COUNTY OF HARRIs
1__...INsInhM..FUDh fie ruter....lIII..dD l1li11.....
......., IIlI: uC. ~ RIClIlIlEO.lIl1it 0IcIIIPlM: IIflIIIt. 11II1II PJapedrIlIllnll
-,T_1Il
AUG 2 1 2002
e
~6f~
COUNTY CLERK
HARRIS COUNTY. TEXAS
e
e
ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P.O. BOX 121B
LA PORTE, TEXAS 77572-1218
KNOX W. ASKINS
JOHN D ARMSTRONG
TELEPHONE 281 471-1886
TELECOPIER 281 471-2047
CHARLES R. HUBER, JR.
BOARD CERTIFIED - CIVIL TRIAL LAW
TEXAS BOARD OF LEGAL SPECIALIZATION
CLARK T. ASKINS
September 3, 2002/
.,/
Harris cou~praisal District
ATTENTION---: NAME/ADDRESS CHANGE
P.O. B~ 920975
./
Hous~on, TX 77292-0975
/
/
/f
Re: See attached photocopy of deed.
Dear Sir/Madam:
I represent the City of La Porte, a municipal corporation, which
has acquired the property described on the attached deed, dated
July 1, 2002.
Please render this property in the name of the City of La Porte,
and place on the tax rolls as EXEMPT from taxation.
Thank you for your cooperation in this matter.
Yours very truly,
Knox W. Askins
city Attorney
City of La Porte
KWA: sw
Enclosure
cc: Ms. Katherine R. Powell
Tax Department
city of La Porte
M~ Martha A. Gillett
vCity Secretary
city of La Porte
e
e
SPECIAL WARRANTY DEED
Date:
July 1, 2002
Grantor:
CITY OF LA PORTE, a municipal corporation
Mailing Address:
604 West Fairmont Parkway
La Porte, TX 77571
Grantee:
FAIRMONT PARK EAST HOMEOWNERS' ASSOCIATION
a Texas non-profit corporation
Mailing Address:
12929 Gulf Freeway, suite 320
Houston, TX 77034
Consideration: Ten and NO/100 Dollars {$10.00} cash and other good
and valuable considerations
Property {including any improvements} :
That certain lot, tract or parcel of land, known as the
Subdivision Community Center, containing 82,543.05 square
feet, more or less, as shown on the plat of section Two,
Fairmont Park East, as recorded in Volume 319, Page 53,
of the Map Records of Harris County, Texas, reference to
which is here made for all purposes.
Reservations from and Exception to Conveyance and Warranty: Taxes
for the current year have been prorated and are assumed by Grantee.
This conveyance is made subject to all and singular the
restrictions, conditions, oil, gas, and other mineral reservations,
easements, and covenants, if any, applicable to and enforceable
against the above described property as reflected by the records of
the county clerk of the aforesaid county.
e
e
Grantor for the consideration and subject to the reservations from
and exceptions to conveyance and warranty, grants, sells, and
conveys to Grantee the property, together with all and singular the
rights and appurtenances thereto in any wise belonging, to have and
hold it to Grantee, Grantee's heirs, executors, administrators,
successors, or assigns forever. Grantor binds Grantor and
Grantor's heirs, executors, administrators, and successors to
warrant and forever defend all and singular the property to Grantee
and Grantee's heirs, executors, administrators, successors, and
assigns against every person whomsoever lawfully claiming or to
claim the same or any part thereof, except as to the reservations
from and exceptions to conveyance and warranty, by, through, or
under Grantor, but not otherwise.
When the context requires, singular nouns and pronouns include the
plural.
CITY OF LA PORTE
Manager
ATTEST:
'-;{!Jdtdu Jlffii
Clt. Secretary
STATE OF TEXAS ~
~
COUNTY OF HARRIS ~
~iS instrument was acknowledged before me on the l~ day of
, 2002, by John Joerns, Acting City Manager of the city
of a Porte, a municipal corporation, on behalf of said.city.
N'itJ':1~~ of Texas
AFTER RECORDING RETURN TO:
ASKINS & ARMSTRONG, P.C.
P.O. Box 1218
La Porte, TX 77572-1218
PREPARED IN THE LAW OFFICE OF:
ASKINS & ARMSTRONG, P.C.
P.O. Box 1218
La Porte, TX 77572-1218
e
e
e
e
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Aue:ust 12, 2002
Requested By: J. L. Sease -~t1-
/.
Department: Emere:encv Services
Appropriation
Source of Funds: N/A
Account Number:
Report:
Resolution:
Ordinance: X
Amount Budgeted:
Exhibits: Rate Ordinance
Amount Requested:
Exhibits: Exhibit "A" Rate Structure
Budgeted Item:
YES
NO
Exhibits:
SUMMARY & RECOMMENDATION
On July 15, 2000 in a workshop meeting Council was presented with proposed changes in
the EMS Billing rate structure. Two additions to the base rate structure for Paramedic
Intercept for Mutual Aid and a Out of Service Area Charge were addressed as well as
numerous charges for procedures or medications that are in place due to advances in
protocols. Some of these changes are quite expensive and need to be included in our
charges. Also in the Ordinance under Section 3 is a sentence allowing changes to the rate
structure by the City Manager with notification to the City Council.
The effective date of the ordinance is October 1, 2002.
We request that council approve ordinance for the Rate Structure for EMS charges.
Action Required bv Council:
Approve Ordinance establishing the rate structure for the City of La Porte Emergency Medical
Service.
A
8o/~
Date I
e
e
ORDINANCE NO. 2002 - d 5 t7.F&jf
AN ORDINANCE ESTABLISHING A RATE STRUCTURE FOR THE CITY OF LA PORTE
EMERGENCY MEDICAL SERVICE, 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 rate structure as shown on Exhibit "A"
attached hereto! incorporated by reference herein! and made a part
hereof for all purposes! is hereby established for the provision of
emergency medical services by the City of La Porte Emergency
Medical Service.
Section 2. The rates established under this Ordinance shall
be effective the 1st day of October! 2002.
Section 3. Any future changes to fees for procedures/drugs
will be approved by the City Manager! who shall give notice of such
changes to City Council.
Section 4. If any section! sentence! phrase! clause or any
part of any section! sentence! phrase! or clause! of this ordinance
shall! for any reasons! be held invalid! such 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 5.
The city Council officially finds! determines!
recites! and declares that a sufficient written notice of the date!
hour! place and subject of this meeting of the City Council was
posted at a place convenient to the pUblic at the city Hall of the
e
e
city for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The city council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 6. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 12th day of August, 2002.
ffFfc--f10e OCT. 15i, dGCJ.-
CITY OF LA PORTE
l~ ~~
By: ~./{{~1r/~/ ~ . .,--
Ndrma U. Ma n:
Mayor
ATTEST:
APPROVED:
/
/
OZ~;(ttl Q;.:~
Knox W. Askins
City Attorney
-2-
e
e
EXHIBIT "A"
The City of La Porte
Emergency Medical Service
Itemized Rate Structure
Effective October 1, 2002
indicates new procedures and charges for 2002.
roce u res rugs ees
Base Rate $350.00
Stand-by Rate/Hour $40.00
Mileage $6.50 Per Loaded Mile
Treatment with Air Transport $350.00 Plus Supplies
Treatment with Private Transport $175.00 Plus Supplies
* Paramedic Intercept for Mutual Aid $175.00 Plus Supplies
Treatment, No Transport $175.00 Plus Supplies
No Treatment, No Transport No Charge
* Out of Service Area Charge $100.00 added to above charges
3 Lead ECG $50.00
* 12 Lead ECG with Interpretation $75.00
External Pacemaker $75.00
Pulse Oximeter $20.00
Defi brillati onl Cardioversi on $75.00
E.C.G. Pads $15.00 Per Pkg. of3
* Capnography Recording $15.00
Oxygen Administration $35.00
Bag Valve Mask $50.00
ET Intubation $50.00
EOA Insertion $50.00
Retrograde Intubation $125.00
* Combitube Insertion $60.00
Surgical Airway $120.00
Auto Ventilator $25.00
Chest Decompression $50.00
* CP AP Treatment $75.00
Nebulizer $35.00
Suctioning $25.00
P
d
10
F
e
tit
Infection Control $50.00
C.P.R. $50.00
M.A.S.T. $40.00
Spinal immobilization $40.00
Bandaging $20.00 Per Site
Splinting $20.00 Per Site
OB Kit $25.00
Glucometer $15.00
* NG Tube $40.00
Lavage Kit $150.00
IV Setup / Saline Lock $50.00
Intraosseous Cannulation $75.00
* FAST -1 / Sternal Cannulation $150.00
Blood Draw $20.00
Activated Charcoal $15.00
Adenosine $15.00
Albuterol $15.00
* Aspirin (Baby Chewable X2) $10.00
Atropine $15.00
Atrovent $15.00
Benadryl $15.00
Bretylium $15.00
* Cordarone $130.00
Dextrose 500/0 $15.00
Dopamine $30.00
Epinephrine 1: 1000 $15.00
Epinephrine 1: 1 0,000 $15.00
Glucagon $50.00
* Haldol $15.00
Instant Glucose $15.00
Ipecac $15.00
Lasix $15.00
Lidocaine 100 mg. Bolus $15.00
Lidocaine Premixed Drip $15.00
Magnesium Sulfate $15.00
Mannitol $50.00
Morphine Sulfate $15.00
N arc an $15.00
e
e
Nitroglycerine $15.00
Sodium Bicarbonate $15.00
Solu-Medrol $15.00
Succinylcholine $50.00
Tetracaine $15.00
Thiamine $15.00
* Tylenol $10.00
Vasotec $50.00
Versed $50.00
e
e
e
e
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested AUl!ust 12. 2002
Requested By: Mayor Malone
Appropriation
Source of Funds:
Department:
M~YQr ~Ild City CQUlldl
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
- ., --,
Amount Requested:
Exhibits:
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
Mayor and Council are recommending the City Secretary and subordinate staff report directly to Mayor and City
Council per Section 3.03 of the Home Rule Charter of the City of La Porte.
Action Required bv Council:
Approved the attached Ordinance.
Approved for City Council Al!enda
Jt~ ~-
Nbrman L.\1'alone, Mayor
~/1- O~
Date
e
e
ORDINANCE NO. 2002 - /):5?i~,
AN ORDINANCE PROVIDING THAT THE CITY SECRETARY AND SUBORDINATE
STAFF WILL REPORT DIRECTLY TO THE MAYOR AND CITY COUNCIL, 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 Secretary and subordinate staff shall
report directly to the Mayor arid City Council. The City Secretary
and subordinate staff shall perform the duties provided in section
3.03 of the Home Rule Charter of the city of La Portel and such
other duties as provided by State law and City ordinances. The
City Secretary and subordinate staff shall work in cooperation with
the city Managerls officel with direction from the Mayor and city
Council.
The City Secretaryl s performance evaluation shall be
conducted by the Mayor I with input from City Council.
The City
Secretary shall remain a member of the Executive Staff with all
privileges and responsibilitiesl and attend all meetings required
of an Executive Staff Member.
Section 2.
The city Council officially findsl determines I
recitesl and declares that a sufficient written notice of the datel
hourI 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 I as
required by the Open Meetings Lawl Chapter 5511 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 I considered and formally acted
upon.
The City Council further ratifiesl approves and confirms
such written notice and the contents and posting thereof.
e
e
ORD INANCE NO. 2002 - (J 5'7 ~..
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 12th day of August, 2002.
CITY OF LA PORTE
?
? / /.'
/ I/J~ ~ /~..~
By:/ //p/, i>;, -'::(r;- ~
(Norman L. MIone
Mayor
ATTEST:
~(JHj~lIud
Mart a A. Gillett
City Secretary
/
/
a'L~
APPROVED:
Knox
city
e
e
e
e
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested All2ust 12~OO2
Requested By: Mayor Norman L. lone
Department: _M~yor and City CO'lncil
Appropriation
Source of Funds:
Report: X Resolution:
Ordinance:
Account Number:
Amount Budgeted:
Exhibits:
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
I recommended the appointment ofa committee to study Council's present "Travel Policy" and make suggestions
and/or recommendation for changes.
It is my recommendation that we approve the following committee to study this policy and report back to Council at
its earliest convenience.
Barry Beasley, Chainnan - COlU1Cil Member
Rudy Wheeler - Citizen of La Porte
Alton Porter - Ex Council Member
Rod Rothermel- La Porte Business Owner
Doug Latimer - La Porte Business Owner and past Council Member
Lindsay Pfeiffer - Citizen of La PortelLa Porte Business Owner
Action Required bv Council:
Authorize and approve the recommended committee to review City Council's Travel Policy.
Approved for City Council Ae:enda
~~?
i. ~.Ot
Date
e
e
/rA6{fd UlO-I.'_ 'i'"
ORDINANCE NO. 2002 - J. 5" 01) 11 e~-f e tlV(VU :;t
AN ORDINANCE APPOINTING A COMMITTEE TO REVIEW THE COUNCIL TRAVEL
POLICIES, SUSPENDING CITY PAYMENT OF COUNCIL SPOUSAL TRAVEL
EXPENSES, 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 appoints the following
named persons to a committee to review the city Council travel
expense policy ordinance, and make recommendations for revisions to
such policies:
Barry Beasley, Chairman
Dr. Ruede Wheeler
Douglas F. Latimer, Jr.
Rod Rothermal
Alton Porter
Lindsay Pfeiffer
Section 2. Pending the review and revision of Council travel
policies, the City shall not payor reimburse travel expenses for
City Council spouses.
Sec tion 3.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
e
e
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 12th day of August, 2002.
CITY OF LA PORTE
By:
Norman L. Malone
Mayor
ATTEST:
Martha A. Gillett
City Secretary
I
APqE~' ,& /' /./ '
~~7L-/~ {c_{~''7c--L/!
Knox W. Askins
City Attorney
2
e
e
e
e
REQUEST FOR CITY COUNCIL AGENDA ITEM
Requested By: J. L. Sease
Agenda Date Requested:
Appropriation
Source of Funds:
N/A
Department:
Account Number:
Report: --LResolution: _Ordinance:_
Amount Budgeted:
Exhibits: 1 st pag:e of Contract with Shoreacres
Amount Requested:
Exhibits:
Budgeted Item:
YES
NO
Exhibits:
SUMMARY & RECOMMENDATION
The City of La Porte entered into a contract with the City of Shoreacres, on January 1st,
1989, to provide Fire Protection for fifteen years, which ends on December 31 st, 2003. In
return for the use of the existing Shoreacres Fire Station and deeding their two fire trucks
with equipment, the City of La Porte provides Fire Protection to Shoreacres at no charge.
Under the terms of the contract, the City of Shoreacres has the option to extend this
agreement for five years, with the charges based on 110% annually ofthe per capita
budgeted cost to the citizens of La Porte. These calculations shall be based on the most
recent federal census for each city.
City Manager R. T. Herrera, Cynthia Alexander and myself met with the Mayor of
Shoreacres on May 28t\ 2002, at her request, to discuss future fire protection of the City of
Shoreacres. Mayor Edmonson felt that the projected costs were excessive and requested
that we examine other possible ways to calculate costs. I reviewed options, such as water
meter counts, size or types of structures, number of fires in an area, with Fire Department
staff and we could not identify a simpler or more equitable way to arrive at costs. The City
of La Porte Emergency Services currently has numerous contracts, with other government
agencies and Industrial agencies, based on budget costs versus populations. We then met
with the City of La Porte Audit Committee and discussed the issues with them. The Audit
Committee concurred with the use of the budget costs vs. population method.
Note: If Shoreacres were paying for services this coming year, based on the Submitted
Budget for next year and projected Bond annual bond payments, the charge would be
$74.00 per person in Shoreacres or $110,922.00 annually.
Action Required bv Council:
We request that the City Council provide direction and consider confirming the Audit
Committee's recommendation to continue use of budget costs versus population method as
described in the option clause of the agreement.
A
8/7~~
Date ' /
e
e
AGREEMENT
THE STATE OF TEXAS S
S
COUNTY OF HARRIS S
This Agreement made and entered into by and between the CITY
OF LA PORTE, a municipal corporation of Harris County, Texas,
hereinafter referred to as "LA PORTE" and the CITY OF SHOREACRES,
a municipal corporation of Harris County; Texas, hereinafter
referred to as "SHOREACRES,"
WIT N E SSE T H:
WHEREAS, SHOREACRES is in need of certain governmental services
for the benefit of the people and property within its city limits,
and
WHEREAS, LA PORTE is able and willing to provide said
governmental services to SHOREACRES, upon the terms, conditions, and
covenants herein contained:
NOW, THEREFORE, pursuant to the authority granted by the
Interlocal Cooperation Act (Art. 1581h, V.A.T.S.), and in
consideration of the mutual covenants, agreements, and benefits to
both cities, it is hereby agreed as follows:
I.
The term of this Agreement is for the fifteen (15) year period
beginning on the 1st day of January, 1989, and ending on the 31st
day of December, 2003.
SHOREACRES, at its option, may extend this Agreement for an
additional five (5) year period, beginning on the 1st day of
January, 2004, and ending on the 31st day of December, 2008.
The monthly charge by LA PORTE to SHOREACRES, for the option
period, shall be based on 110% of the per capita budgeted cost to LA
PORTE for each respective fiscal year during the option period, to
provide fire protection services to the residents of LA PORTE, based
on LA PORTE's most recent federal census, multiplied by SHOREACRES'
population based on SHOREACRES' most recent federal census, with the
annual per capita cost thus obtained, being divided by twelve (12)
to obtain the monthly base charge.
e
e
e
e
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Ammst 12 2002
Requested By: Susan Kelley .--A A; J ~
A{)propriation
Source of Funds:
Inventory Acct
Department:
Administrative Services
Account Number: 001-0000-120-0100
Report:
Resolution:
Ordinance:
Amount Budgeted:
Exhibits:
Bidder's List
Amount Requested: $17,281.01
Budgeted Item:@ NO
Exhibits:
Bid Tabulation
SUMMARY & RECOMMENDATION
Advertised Sealed Bid #0863 - Chemical, Paper & Janitorial Supplies was opened and read on July 15,
2002. Bid requests were mailed to twelve (12) area suppliers with eight (8) returned bids.
Apollo Paper submitted low bid meeting specifications.
U sing estimated yearly quantities, the total cost would be $17,281.01. This cost is a seven percent (7%)
increase over the last bid in August 2000. The contract is for one (1) year with an additional one (1) year
option period.
Staff recommends award of Bid #0863 - Chemical, Paper and Janitorial Supplies to low bidder meeting
specifications in the amount of $17,281.01. The items will be purchased for warehouse inventory
throughout the year, and distributed as needed. Funds have been budgeted by the user divisions.
Action Required bv Council:
Award Bid #0863 - Chemical, Paper and Janitorial Supplies in the amount of $17,281.01.
ity Manager
12/D^-
{
Date
BRAWNER
PAPER
CHEMICAL, PAPER, & JANITORIAL SUPPLIES
LIBERTY
DATA
SECURITY
SAFETY
SINGLE
SOURCE
SUPPLY,LLC
#0863
APOLLO
PAPER
BID TABULATION
e
GISCO
$1.32
NOBID
$4.22
$7.56
$10.00
$1.09
$3.33
$2.81
$10.04
$5.83
$1.18
$3.79
$3.85
$4.35
NOBID
$1.10
$2.15
$2.00
$9.25
$7.00
$2.67
$14.75
$15.00
$12.50
$13.99
$1.25
$4.50
$7.99
$18.50
$13.25
$1.37
$11.55
$3.44
$6.02
$7.65
$0.87
$2.44
$2.25
$4.00
$3.50
MORSE
$1.15
$3.21
$4.52
$5.15
$3.10
$0.81
$3.15
$2.05
$7.36
$7.04
$1.16
$4.13
$3.98
$4.11
$2.78
$0.85
$2.60
$1.93
$7.15
$4.83
$1.20
$4.39
$3.58
$4.08
$2.37
$0.82
$2.30
$2.05
$7.25
$4.43
AMSAN
$1.30
$3.59
$3.68
$4.05
$2.32
$0.78
$2.51
$2.24
$7.50
$3.63
QTY
480
106
111
306
25
36
20
24
60
24
DESCRIPTION
SECTION I - CHEMICALS
1. BLEACH
2. GENERAL DETERGENT
3. DISHWASHING LIQUID
4. DISINFECTANT CLEANER
5. GLASS CLEANER
6. SCOURING CLEANSER
7. DISINFECTANT SPRAY
8. FURNITURE POLISH
9. FLOOR WAX
10. FLOOR STRIPPER
$4,580.98
$12.05
NOBID
$39.94
$17.88
$19.05
$40.05
$3,580.19
$11.55
$62.88
$41.90
$23.15
$24.70
$33.45
$10,439.61
$16.99
$147.00
$65.00
$36.99
$29.70
$23.88
$4,755.23
$10.09
$32_36
$29.78
$16.87
$17.39
$31.90
$3,799.09
$11.11
$39.44
$26.59
$21.91
$19.19
$18.69
$3,437.36
$10.29
$35.30
$24.38
$14.71
$16.00
$16.24
$3,412.49
$9.85
$41.80
$29.75
$17.90
$17.30
$31.20
$3,379.48
$11.68
$51.59
$27.71
$16.37
$18.90
$13.59
TOTAL
80
14
80
147
112
12
SECTION I
SECTION II - PAPER
1. STYROFOAM CUPS (6 OZ)
2. WATER CUPS (4 OZ)
3. TOILET TISSUE
4. MUL TIFOLD TOWELS
5. ROLL PAPER TOWELS
6. FACIAL TISSUE
$11.727.17
$17,667.69
$8,453.01
$9,162.49
$7,417.05
$8.696.50
$8,559.73
$9,401.76
NOBID
NO BID
NO BID
NOBID
e
~.oo
~.OO
$2.78
$2.25
W.OO
$0.69
$3.88
$3.88
$3.88
$3.15
$4.20
$3.25
$2.95
$0.70
NO BID
$2.60
$2.60
$2.60
$5.45
$7.50
$4.99
$9.99
$1.67
$1.37
$7.00
$7.00
$7.00
$1.94
$2.94
$2.62
$4.08
$0.66
$0.59
$2.69
$2.69
$2.69
$2.63
$3.67
$2.82
$3.90
$0.78
$0.70
$4.00
$4.00
$4.00
$3.31
$4.17
$2.53
$2.55
$0.82
$0.65
$3.68
$3.68
$3.68
$2.02
$3.06
$2.83
$3.25
$0.68
$0.61
$3.00
$3.00
$3.00
$4.68
$4.68
$4.02
$3.88
$0.76
$0.69
$3.11
$3.11
$3.11
TOTAL
8
16
18
250
12
27
24
10
144
96
160
15
10
NOBID
NOBID
NOBID
$21.60
$15.99
$19.99
$35.99
$65.99
$12.80
$10.00
$10.00
$12.72
$8.36
$13.33
$18.18
$18.99
$14.97
$8.19
$21.75
$17.44
$5.75
$7.55
$8.60
$9.85
$11.16
$19.63
$13.12
$12.24
SECTION II
SECTION III - JANITORIAL
1 TRASH LINERS
A. 15" x 9" x 23"
B. 16" x 14" x 36"
C. 22" x 14" x 58"
55 GALLON TRASH LINERS
LAY FLAT MOP HEADS
A. 16 oz
B. 24 oz
MOP HANDLES
HOUSEHOLD BROOMS
LAVA SOAP
SAFEGUARD SOAP
BUFFING PAD
POLISHING PAD
SCRUBBING PAD
2.
3.
4.
5.
6.
7.
8.
9.
10
$1.138.82
$15,121.56
$4.81
$16,613.44
$6,240.50
$21,547.86
$4.15
$22,834.36
$19,747.57
$47,854.87
$6.67
$49,921.26
$4,478.07
$17,686.31
$3.91
$18,898.41
57
$19,695.44
NO BID
$19,695.44
$6,511
$6,102.11
$16,956.52
$4.52
$18,357.72
$3,702.14
$16,012.13
$4.08
$17,281.01
$4,768.35
$16,707.56
$5.11
$18,291.66
SECTION III TOTAL
C
GRAND TOTAL
OPTION ~
1" DEEP WOODS OFF 310
GRAND TOTAL W/OPTION
e
e
BIDDER'S LIST
CHEMICAL, PAPER & JANITORIAL SUPPLIES
BID #0863
AM SAN
3252 E LOOP N BLDG 6
HOUSTON, TX 77029
APOLLO PAPER
10000 W SAM HOUSTON PKWY N
HOUSTON, TX 77064
BRAWNER PAPER
PO BOX 15272
HOUSTON, TX 77220
GISCO, INC
PO BOX 2816
PEARLAND, TX 77588-2816
LIBERTY DATA
8744 WEST PARK
HOUSTON, TX 77063
MORSE WHOLESALE
3302 CANAL
HOUSTON, TX 77003
POLLOCK PAPER DISTRIBUTOR
6001 WEST BY NORTHWEST
HOUSTON, TX 77040
PRESTIGE COMMERCIAL SERVICES
P.O. BOX 925831
HOUSTON, TX 77292
SINGLE SOURCE SUPPLY, L.L.C.
3140 S. 11TH ST.
BEAUMONT, TX 77713
TEAM MAINTENANCE INC
1404 UPLAND DR
HOUSTON, TX 77043
UNISOURCE
4414 HOLLISTER
HOUSTON, TX 77040
SECURITY SAFETY & SUPPLY INC
12701 FUQUA SUITE 103
HOUSTON TX 77034
CHAMBER OF COMMERCE
PO BOX 996
LA PORTE, TX 77572-0996
BAYSHORE SUN PUBLISH DATES:
JUNE 30, 2002
JULY 07, 2002
e
e
e
e
A
e
e
August 7, 2002
Please add an agenda item to the August 12,2002 City Council Meeting. The item needs
to read as follows:
Workshop Item
Discuss the possibility of opening an additional corridor parallel to Fairmont Parkway (K
Street) from 14TH or 16TH Street to Highway 146 Feeder, for the purpose of improving
IT?". . / ./
/Y7f/~r7 ~ ~
Bruce Meismer Barry Beasley Chuck Engelken
~
LEGEND
= Businesses
= R-O-W or Alley Closing
= Existing CLP Water Lines
= Existing L.A.W.A. Lines
= Existing CLP San. Sewer Lines
= Existing CLP Trunk Main Lines
KROGER'S
,.
-8"-
-8"-
-r-
-8"-
e
e
B
e
e
REQUEST FOR CITY CO
CIL AGENDA ITEM
I .-\ppropriation
Requested By:
Sourl"l' of Funds:
\.-\
Agenda Date Requested: Au
Department:
Fin~lIlce
Al"l"Ount \umhl'r: \/.-\
Report:
Resolution:
Ordinance:
xx
Amount Budgeted: \/ A
Exhibits:
Ordinance
Amount Requested: ,\/.1
Exhibits:
Budgeted Item: YES
\0
Exhibits:
SUMMARY & RECOMMENDATION
The City of La Porte currently has a relationship with two credit card companies: Amencan Express and
Visa. Prior to now, there has been no written policy regarding the use of these type citY-Issued credit
cards; it was simply understood that they were to be used exclusively for the purposes of conducting of
official city business.
The attached ordinance establishes pol1cies and procedures for the use of the currentlv 1~~lIL'd\nlL'rlcdll
Express and Visa credit cards issued to City of La Porte officers and employee~. dnd an) flltllll' H~lll"
credit cards city may utilize.
,..vl>/~: /0 !tat oIL 4 C (.
Cbft/tC~ oJJ !/uj OA~L JztU)~ )~ /Jpj~/e~1
1'0 7~lluiL 1I/~r:a-tVI/_eI( ~I kA>o~ 4?k~t's, ~~ aOj-L}(~ts
It 0... Y Ii e(s a.1 t u) ,SOH. ~ i( W 0 f) ck~ ers . /'0 Ifl~ dl/ tLPt:
z.l~()) we /,..)l.'lt ~C>i.>e'1'1 lkeH. V(:tA. C:OiuJl7~ )(o~dtJ..( ellePi~.
Action Required by Council:
Adopt Ordinance establishing policies and procedures for city issued American Express and Vlsa credll
cards.
g /7 /t.7'~
oa({f: ~
e
e
ASKINS & ARMSTRONG, P. C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P.O. BOX 1218
LA PORTE. TEXAS 77572-1218
KNOX W. ASKINS
.JOHN D. ARMSTRONG
TELEPHONE 281 471-1886
TELECOPIER 281 471-2047
CHARLES R. HUBER. .JR.
BOARD CERTIFIED - CIVIL TRIAL LAW
TEXAS BOARD OF LEGAL SPECIALIZATION
CLARK T. ASKINS
M E M 0 RAN DUM
DATE:
August 1, 2002
FROM:
Hon. Mayor & City Council
Mr. John Joerns, Acting City Manager
Ms. Cynthia Alexander, Director of Finance
Ms. Carol Buttler, Director of Administrative Services
Ms. Martha Gillett, city secre~;~
Knox W. Askins, City AttorneY~r
Credit Card Ordinance
TO:
SUBJECT:
Our office has worked with Ms. Cynthia Alexander, Director of
Finance, and her assistant, Michael Dolby, CPA, in the preparation
of the enclosed draft ordinance adopting credit card policies and
procedures. This ordinance will be on the August 12, 2002, Council
agenda, as a workshop item for discussion, followed by an action
item for adoption, following the workshop, if the Council is ready
to adopt the ordinance.
Please give this office, or Ms. Alexander, your comments for any
revisions, as soon as possible.
KWA: sw
Enclosure
e e
.---i/'1-' l1/e(' Ij
I'j'....... l,
ORDINANCE NO. 2002- dS'/) Cr{
AN ORDINANCE ADOPTING CREDIT CARD POLICIES AND PROCEDURES;
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. PURPOSE. The City Council of the City of La Porte adopts this Ordinance to
establish policies and procedures for the use of present and future Visa, American Express, and
other bank credit cards issued to City of La Porte officers and employees.
Section 2. GENERAL POLICY. The City Manager is responsible for designating the
number of cards, dollar limitations, and determination of who is eligible to be issued a credit card.
City credit cards are to be used by city officers and employees solely in connection with the
performance of their public duties. Credit cards are to be used for City authorized and budgeted
travel, lodging, and meals. Credit cards may be used for purchase of meals while traveling, and also
for purchase of meals by a city official for the cardholder and business guests of the cardholder
when conducting City business. City credit cards shall not be used for purchases of goods and
equipment required to be purchased through the City Purchasing Department. Credit cardholders
are responsible for all charges made on their credit card. Only the credit cardholder or a City staff
member duly authorized in writing, may sign the credit card receipt. Cardholders are responsible for
ensuring cards are secured at all times. Cardholders are responsible for immediately notifying the
City Manager and the Bank if a card is lost or stolen. Cardholders are responsible for any
fraudulent use or misapplication ofthe card.
Section 3. RECORD KEEPING. Credit card users shall make a contemporaneous written
record on the credit card receipt of the City business purpose of each transaction. In the case of
meals, the names of participants in addition to the card user shall be noted, as well as a general
description of City business discussed. Card users shall file their receipts with the City Finance
Department monthly. All transactions require a detailed bill, including a signed credit charge slip
_ _ _ ~__ _ _.L. ... """ " " 1'\ 1""\
e
e
and a cash register receipt. If a receipt is omitted, the Department Director or immediate supervisor
will be notified. If a receipt is not received after notification, the cardholder will be required to turn
in their card for a 60-day period. A one-time exception to the 60-day suspension is allowed for
those cardholders who complete an affidavit, which explains the use of the card. If any further
violations occur, the card will be permanently cancelled.
Section 4. RElMBURSEMENT TO CITY. Credit card users shall itemize and reimburse
to the City Finance Department monthly, credit card charges for items of a strictly personal nature,
included on hotel bills, or otherwise. Credit card charges incurred for the convenience of a City
officer or employee, such as group meals of City officials, which are properly chargeable to the City
official's per diem advance under Councilor staff per diem policies, or properly chargeable to a
City official's other reimbursement allowance, where applicable, shall be reimbursed by the City
official receiving such benefit, to the City Finance Department.
Section 5. REVIEW BY CITY FINANCE DEPARTMENT. City credit card charge slips
along with detail billings shall be reviewed by the City Finance Department, and reconciled with
monthly statements from the credit card company. Any questionable charges which cannot be
resolved by the Director of Finance and the cardholder shall be reviewed by the Director of Finance
with the City Manager. In the event the Director of Finance and the City Manager are unable to
agree on the resolution of a questionable item, the matter shall be referred to the Chairman of the
Audit Committee for final resolution.
Section 6. RESTRICTIONS AND EXEMPTIONS. Cardholders may not use a City credit
card for the following:
1. Any purchases of items for personal use, which shall be reimbursed to the City by the
card holder, as provided in Section 4 hereof.
2. Cash refunds or advances.
?
e
e
3. Any purchase of goods or services from a merchant type not considered prudent or of
good judgment.
4. Any transaction amount greater than the cardholder's transaction limit.
5. Alcohol or liquor of any kind. Patronization of bars, drinking places and package
liquor stores shall not be paid for with the credit card.
6. Separate, sequential, and component purchases, or transactions made with intent to
circumvent City purchasing policy.
7. Any other purchase specifically excluded in the City purchasing policy.
Section 7. SUMMARY. As a public entity, the City is expected to be able to demonstrate
to the public that it has spent their tax dollars wisely. All City credit card holders are responsible for
insuring purchases made with their credit card will withstand the scrutiny of the press, public and
internal audits. Therefore, the cardholder must make sure he or she has adequate documentation,
including a clear explanation of the City purpose of each purchase or transaction. All cardholders
should review and understand the Purchasing and Travel Policies of the City, appropriate to their
position.
Section 8. OPEN MEETINGS LAW. 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 9. This Ordinance shall be effective from and after its passage and approval, and it
is so ordered.
~
e
e
PASSED AND APPROVED, this 12 day of August, 2002.
CITY OF LA PORTE
By:
Norman L. Malone
Mayor
ATTEST:
Martha A. Gillett
City Secretary
I
j:
/
;
APPRO--VED:.. lei
/~ J~"
~..i /1 -/I.. . /.~
[Avvr;f (1, ~~~.~
Knox W. Askins
City Attorney
/I
e
e
e
City of La Porte
Interoffice Memorandum
To:
Mayor and City
Manager
From:
Date:
July 31, 2002
Subject:
Port of Houston Authority
Revisions to Permit Application (Attached)
The U.S. Army Corps of Engineers, Galveston District, issued a Public Notice concerning revisions the
Port of Houston Authority has made regarding its proposed plans to build a container terminal on just
over 1,000 acres of land at the Bayport Channel, just south of La Porte and Shoreacres. The proposed
changes outlined on page 2 are:
The applicant has revised their project plans to reduce the number of proposed
cruise berths from five to three. This revision results in a reduction in the amount
of area proposed to be dredged by 23.0 acres, a reduction in the amount of open
water proposed to be filled by 21.3 acres, and a reduction in the amount of dredged
material proposed to be placed off-site by 1,046,965 cubic yards. Under this revision,
18.3 acres of jurisdictional wetlands would be filled, 127.3 acres of open water would
be dredged, and 3.1 acres of open water would be filled.
In addition, the applicant has revised the proposed wetland mitigation plan to include
the creation of 66.8 acres of emergent wetlands, enhancement of 12.0 acres of existing
wetlands, preservation of23.7 acres of forested/shrub habitat, and restoration of71.0
acres of coastal prairie habitat. The mitigation would be performed within a 173.5-acre
tract ofland located 2.4 miles southwest of the proposed project site and approximately
0.25 mile southeast of the intersection of Red Bluff and Bay Area Boulevard.
In my view these changes in the application do not materially affect the City of La Porte's position and
response to the DEIS dated January 10, 2002 (Attached). Also, the notice specifically states that the
comment period on the DEIS is not extended.
However, sheets 18 and 19 of the revised drawings show a proposed 20-foot pre-cast sound wall
on the north shore along the south line of the pipeline easement. This proposed 20-foot sound
wall would parallel La Porte's southern city limits and I'm sure the residents there will have a
definite opinion regarding the proposed sound wall.
e
e
Council Subcommittee (Chairman-Councilman Chuck Engelken, Councilman Howard Ebow,
Councilman Peter Griffiths, and Former Councilman Guy Sutherland) reviewed the DEIS and prepared
the response for consideration by the full Council. The Council may wish to have this subcommittee
review this revision.
If Council wishes to respond we must do so by August 22, 2002.
JJ/ml
Attachments
e
e
Engineering Department
Memo
To:
From:
John 1. Joems, Acting City Manager ~
Doug K. Kneupper, Director ofPlannin
Debbie S. Wilmore, Chief Building Official
August 7, 2002
Rush Oaks Apartments
CC:
Date:
Re:
The Rush Oaks Apartments complex at 3101 Old Highway 146 (So. Broadway) suffered tornado damage on
03/30/02. Staff inspected the damage throughout the complex and noted that the garage structure for Building "A"
was totally destroyed and Building "A" received significant damage.
While the R-3 zoning of the property is appropriate, nonconforming structure issues were noted. The first one
deals with the garnge structure for Building A It was destroyed and the owner has removed all the debris and has
agreed not to rebuild it. This eliminates that nonconformity.
The second and third nonconforming issues deal with Building "A" itself The building has a front setback of
14.7' instead of the required 25', and the building slab is approximately 1.5 feet below the flood plain elevation.
Both these are considered nonconforming structure issues. If the building was substantially damaged (greater than
50%), it could only be rebuilt if these two issues were brought into compliance or if the Zoning Board of
Adjustment grants a special exception to make repairs to the building.
Staff has been working with the building owner to establish the level of damage that occurred to the building. A
03/29/02 appraisal report, prepared for the apartment owner by an appraiser named Joseph Muller, identifies the
value of building "A" as $168,840.00. A repair estimate prepared for the apartment owner by Barron Builders
identifies a repair estimate of $80, 575.00. Using the appraisal report valuation of $168,840.00 and the repair
estimate of $80,575.00 calculates to a 47% damage level (not substantial damage by the 50% definition). As
additional information, the HCAD valuation for Building "A" is roughly $60,000.
Based on the information provided to staff by the owner that tk building is not substantially damaged, the City
can issue a permit to the owner to have the building rebuilt with the two nonconformities remaining in place (front
setback encroachment and flood plain encroachment). An option that is available to the City would be to hire an
appraiser to perform an independent appraisal for us and to also get a building contractor to provide us with a
building repair estimate. If these independent reports came in and demonstrated that substantial damage did occur,
the result would be that repair of the building would require the 10 foot front setback encroachment to be
eliminated and the entire Building "A" to be elevated 1.5 foot If the City elects to not issue a permit for repairs to
Building "A", the owner can seek a Special Exception from the Zoning Board of Adjustment to make such repairs
but not for reconstruction or enlargement of Building "A".
Please take this into consideration; the building owner is interested in moving forward with repair of the building.
e
e
City of La Porte
Established 18.92
Memo
From:
John E. Joems, Acting City Manag:~ A
Doug Kneupper, Director of Planni. ~
To:
cc:
Date: August 8,2002
Re: Jack's Grocery (Tornado Damage)
On the evening of March 30, 2002, a commercial building on South Broadway, known as Jack's
Grocery, sustained considerable damage from a tornado. The building was damaged so much that
repair was not an option the owner considered. Instead, he has elected to demolish what's left of the
existing building and build a new commercial building.
Currently the owner is performing an asbestos survey so he can have the building demolished. The
owner has indicated to staff that he will be submitting plans to construct a facmty very much like what is
there now (convenience store with lease spaces).
P. O. Box 1115 . La Porte, Texas 77572-1115 . 281-471-5020
e
MEETING HANDOUTS
e
J~u~'-09-02 OB: 15A paSad.a City Secretary
713 15 78B3
P.Ol
f,7
Chaple,20 MISCELLANEOUS PROVISIONS ANO OFFENSES j ~
ARTICLE I. IN GENERAL
Sec. 20-1. Sound and vibration.
(a) Legislative (;ndings. The city council of the City of Pasadena finds and declares:
(1) That sound and vibration of such character, intensity and duration as are
reasonably calculated to be detrimental to the health, welfare or safety of a
r'sasonably sensitive person degrades the environment of the city [0 a degree
which:
a. Is harmful and hazardous to the health, welfare and safety of It's
inhabitants;
b, Interferes with the comfortable enjoyment of life. property and recreation
and with the conduct and operation of business and industry; and
c. Is a nuisance in fact.
(2) The effective control and elimination of excessive sound and vibr'ation is
essential to the furtherance of the health, welfare and safety of the city's
inhabitants.
(b) Definitions. The following definitions shall apply to this article and appropriate court shall
take judieial notice of same.
Ambient sound pressure level: Composite of sound in the envirOnment excluding the
specific sound under investigation.
A-weighted network: dB(A) frequency response characteristics provided by a standard
sound level meter which attempts to duplicate the response of the human ear to a measured
sound pressure level.
Decibel (dB): A measurement used to express the sound pressure level or intensity of
sound. It is defined as a dimensionless unit related to the logarithm of the ratio Of a measured
quantity to a reference quantity.
Equivalent continuous sound pressure level (Leq): Used to denote the average sound
pressure level ir'l dB(A) dunng iil specified period of time.
Octave band analysis; A detailed measurement that divides sound into component or
octave bands which are limited to a specific frequency range. Sound pressure levels are
assigned to each octave band. The specific frequency range is considered to be an octave in
width when the upper band edge frequency is twice the lower band edge frequency.
Octave band analyzer: An instrument that measures sound pressure levels within a
specific frequency range denoted as an octave band.
Octave bcmd center frequency A designation for the octave band frequency widths. The
octave haM center frequency is the geometric mean of the upper and lower band edge
frequencies.
Aug-09-02 OB:15A pasa1lJa City Secretary
713
e5
7BB3
P.02
Peak sound pressure level.' Used to denote the maximum instantaneous sound pressure
level during a specified period of time,
Person' A person, firm, association, joint venture. corporation, or any entity, public or
private in naturE~.
Real property boundary: An imaginary line along the ground surface, and its vertical
extension, which separates the real property owned or in possessiOn of one person from that
real property owned or in possession of another.
Receiving real property: Any property outside the real property boundary of the sound
source.
Reference quantity: The refer'ence Quantity used is 0.00002 Newtons per meter squared
(N/m2); this Quantity is further defined as zero dB.
Residential property; Any location used for noncommercial purposes as a place of
abode by any pE~rson.
Sound: I~ny pressure variation that can be detected by the human ear,
Sound amplifying equ;pmsnt: Any machine or device for the Amplification of the human
VOice, music or other.
Sound level meter: An instrument which includes a microphone, amplifier, RMS
detector, integrator or time averager, output meter, and weighting networks to measure sound
pressure levels Hnd that meets the American National Standards Institute (ANSI) sp@cifications.
Vibration: An oscillatory motion of solid bodies described by displacement, veracity or
acceleration.
(c) Prohibited conduct.
(1) It shall be unlawful for any person to operate or Cause to be operated any source
of sound or vibration or to discharge or allow the escape of any sound or
vibration:
B. Of such character. intensity, volume or duration as to be unreason~bly
loud, raucous, jarring, disturbing or annoying to a reasonably sensitive
person within the area or property receiving such sound or vibration; or
b. That causes adverse Psychological or physiOlogical effects detrimental to
the health, welfare. or safety of a reasonably sensitive person within the
area or property receiving such sound or vibration; or
c. Which is in violation of standards prescribed by this article.
(2) It shall be prima fade unlawful and a violation of this article for My person to
oper9te or caUl5e to be operated any source of sound or to discharge or allow the
escape of any sound in such a manner as to cause or create a sound pressure
level which reaches or exceeds the fOllowing standards when measured at any
pornt within the real property boundary of the receiving real property:
a. A peak sound pressure level of seventy-five (75) d8(A) at any time on
any receiving property.
. Aug-09-02 OB:16A pasadtta City Secretary
713 .5 7BB3
P.03
b. A pe~1< sound pressure level of ten (10) dB above the ambient measured
on any nonresidential property location between the hours of 10:00 p.m.
and 7:00 a.m. on any day of the week.
c. A peak sound ~re5sure level of five (5) dB above the ambient measured
on any residential property location between the hours of 10:00 p.m. and
7:00 a.m. on any day of the week.
d. A peak sound pressure level of ten (10) dB above ambient as measured
in any octave band center frequency as follows:
TABLE INSET:
Octave Band Center Frnquencies (Hertz)
63
125
250
500
1000
2000
4000
8000
(3)
It shall be prima facie unlawful and a violation of this article for any person to
operate or cause to be operated any source of vibration or to discharge or allow
the escape of any vibration in such a manner as to cause by suCh operation a
vibration that can be detected without the aid of instruments at any point within
the receiving real property.
It shall be unlawful and a violation of this article for any person to use, operate or
permit to be played, used or operated any radio receiving s@t, musical
instrument, phonograph, or ether machine or device for the producing or
reproducing of sound, including but not limited to amplification equipment
contained in or mounted on a motor vehicle in such a manner as to disturb the
peace. quiet. and comfort of the neighboring inhabitants or at any time with
I me than is necessary for convenient hearing for the persons who are
in the rOl3m. icle or chamber in which such machine or device is operated.
The operation such set, instrument, phonograph. machine, device or
amplification equip ent in such a manner as to be plainly audible at a distance
of fifty (50) feet fro the building, structure or vehicle in which it is located shall
bl;: prima facie evid nee of a violation of this section.
(4)
~
(d)
(1) Measurement of sound may be made, as applicable, with a sound level meter or
with an octave band analyzer meeting the standards prescribed by the American
National Standards Institute (ANSI).
A calibration ch@ck shall be made before and after the time of any sound
measuremer'lt. Sound measurements shall be obtained in a manner that provides
proper representation of the sound in question. A microphone windscreen shall
bE! used when neeeMary to avoid interference from the wind. The instrument
shall be positioned at arms length or pOSitioned on a stationary tripod with the
microphone positioned in such a manner that will avoid any unnatural
erlhancElment or diminution of the sound in question. Traffic, aircraft, and other
sound shall not be conSidered e~cept in instances where they interfere with the
sound of interest or ambient samples.
Tel establjsh a representative sound sample, at least three (3) sound
Aug-09-02 OB:16A pasatlfa City Secretary
713.5 7BB3
P.04
measurements shOUld be taken within an hour period on at I@ast two (2)
separate occasions. Sound samples shall be obtained SPecifically during sound
producing and nonproducing o.r ambient conditions.
Ambient sound pressure level shall be obteined in the same manner as
desctibed above during periods of ambient conditions. Ambient sound pressure
levels shall be obtained as soon as possible and at the same location used to
Clbrain sound pressure levels of the sound of interest.
(2) The city or its designated agents or representatives may inspect from time to
time any installation. premises, equipment. devices and appurtenances thereto
tnat may. can or do cause sounds or vibrations and the city may take
measurements and make analysis of such sound or vibration. Where directed,
the owner shall provide assistance in obtaining normal operating conditions
during periods of measurement.
(3) The city may order the owner, lessee or any agent of any source of sound ar'Id/or
vibration which may be or is in excess of that permitted by this chapter or the
regulations adopted hereunder to furnish such informatJon. plans, specifications,
analysis, performance data and tests or examinations as will disclose the nature,
effects. extent, quantity, watts or degree of sound or vibration which are or may
be discharged from such sourc@.
(e) Penalties and remedies.
(1) Any person who violates any provisions of this article shall be guilty of ar'l offense
~nd upon conviction thereof shall be fined in an amount not to exceed five
hundred dollars ($500.00). A separate offense shall be deemed committed on
each day during or on which a violation occurs or continues and shall be
punishable as such
(2) The penalty provided for herein shall be in addition to any other legal remedies
available to the city to prevent and prohibit any such violation of this article. The
city may institute any appropriate administrative action or proceeding or any
action at law or equity to require compliance with the provisions of this article.
(1) DefenSes. It is an affirmative defense to prosecution for an offense established in this
chapt@r that:
(1) The emission of any sound was for the purpose Of alerting persons to the
existence of an emergency, danger or attempted crime.
(2) The sound was produced by an authorized emergency vehicle.
(3) Tile sound was produced by emergency work necessary to restore public
utilities, or to restore property to a safe condition, or to protect persons or
property from imminent danger, fOllowing a fire. accident or nalural disaster.
(4) The sound was generated:
a. At a lawfully scheduled stadium event;
b. By a parade and spectators Elnd participants on the parade route during a
permitted parade;
Aug-09-02 OB:16A pasallfa City Secretary
713 tiS 7883
P.05
c. By spectators and participants at a lawfully scheduled amphitheater
event;
d. By patrons and participants using cannons and gunfire during historical
battle reenactments for which a pyrotechnic permit was obtained and the
explosives were inspected by the fire marshal;
e. By a pyrotechnic display that was inspected and ap~roved by the fire
marshal:
f. By sp@ctators and participants of any outdoor event, fun run, race,
festival. fiesta, or concert whiCh was sponsored. cosponsored, or
permitted by the city; or
g. Any other lawful activity which constitutes protected expression pursuant
to (he First Amendment of the United States Constitution.
(5) The sound was produced by aircraft in flight or in operation at an airport. or
railroad equipment in operation on railr'oad rights-of~way
(6) The sound was produced by operating or permitting the operation of any
mechanically powered saw, drill. sander, router, grinder, lawn or garden tool,
lawn mower, or any other similar device used between the hours of 7:00 a,m.
and 8:00 p.m. and whiCh device did not produce a sound exceeding eighty-five
(85) dB(A) when measured from the nearest tesidential property where the
sound is being received and was used for the maintenance Or upkeep of the
property on which it was used.
(7) The sound was produced by the operation of any air conditioning unit which did
not produc@ a sound exceeding sixty-five (65) dB(A) on nonresidential property.
when measured at or near fifteen (15) feel from the air conditioning unit
producing the sound being measured.
(8) The sound was produced by church bells or Church chimes when used as a part
of a religious observance or service during daytime hour'S and which did not
exceed five (5) continuous minutes in duration in anyone-hour period.
(Code 1964. ~ 17-7; Ord. No. 85-205, S 1, 10-15-85; Ord. No_ 90-12S. ~$1. 2. 7-24-90; Ord.
No. 98-77, ~ 1, 5-19-98; Ord. No. 95-15, 9 1,1-31-95)
Cross reference(s)-.Centralloudspeakers prohibited at drive-in theaters, 9 5-29; operation of
vehicl@s so as to proCluce "tire squeal," ~ 36-74.
Sec. 20-2. Abandoned iceboxes, refrigerators. etc.
It shall be unlawful fOr any person to leave outside of any building, unattended. any
icebox, refrigerator or any other (:ontainer designed to be airtight, if such icebox, refrigerator or
other container has a door equipped with a catch Or a lock which may not b@ released from the
inside.
(Code 1964, ~ 17-1)
Sec. 20-3. Prohibiting firearms, air guns, ~tC" and their dls&harge in. across or near
Aug-09-02 OB:17A pasa1lr City Secretary
713 . 7BB3
P.06
pUblic squares, parks, or!Itreets.
(a) Any person who stall discharge any gun. pistol or other firearm of any description, Or
who st1all shoot anaif gun, air pistol. bow and arrow or any like device, in, along, or near
any public street, .ptblic park, or street within the city shall be guilty of a misdemeanor.
(b) Any person who lIrall possess any gun, pistol. firearm of any descriptiofl, bow and
arrow, or any like_vice in a public park within the city, except The Pasadena Police
Department frringlilllge, sh~1I be guilty of a miSdemeanor.
(c) Subsections (a) aAit(b) shall not apply to bow and arrow, in a public park where there is
conducted an arber'y range maintained or approved by the City of Pasadena
R.ecreation Oepartmtnt.
(Code 1964. ~ 17-3: Ord.Clb. 74-75. ~ 1, 4-16-74)
Cross reference{s)-Strwts generally, Ch. 32.
e
e
TO: La Porte Mayor Norman Malone, Interim City Manager John Joernes, City Councilpersons
FROM: Rudy & PeDDY G.rcia, 3110 Oake. L.... La Porte if it
SUBJECT: COMMON LAW NUISANCES by Fairmont Park Baptist ~Jrch (FPDC] activities inflicted
on homeownen' privacy and enjoyment oftbeir homes for close to 20 months
DATE: August 12, 2002
Please note the following fads that interfere with the comfortable enjoyment of our homes & property we
once had:
1. August 2002 is the 20dl month of trying to restore peace inside our home that bas been totally
disrupted by Fairmont Park Baptist Church's activities since January 2001:
a. NOM from skateboarding.
b. Bass vibratious & bass noise from their concerts. I've asked ChappeD 3 times (once by
letter & twice by phone) for a concert scbedule, but be 11M not responded to any request.
e. Healtb endangerment from bicycle race park dirt: stirred up dirt from dumping this
summer (already suffer from chronic fungal, bacteria, & stapb sinus infectious & take
antibiotics 10 of 12 months a year) & noise from the numerous chlldren behind our fence
in bicycle park eventually tbat wiD be unreasonably loud & annoying ).
d. Health endangerment from the standing water 10 ft. behind our fence every time a beavy
rain comes.
2. The orooosed noise ordinance must orotect the bomeownen from the cburcb's activity noM that
travel iuside our homes & interfere witb tbe comfortable eniovment of our home & orooerty.
3. July 25,2002, meeting in our home (requested 15 months ago) wI FPDC leaden Dan Chappell and
Tom Handy. Doug Kaeupper also joined our meeting at my request. A nonoroductive meetiD2 &
CbaooeD & Bandv revealed no svmoathv or concern about tbeir De.bOOn beiD2 disturbed.
a. FPBC reiected every solution we offered as "unfeasible," offered no solutious of tbeir own,
and even repeated twice "Our ministry will go on" when I said even wben your activities
are disturbing/disrupting your neigbbon home Ufe.
1) Re-Iocate activities to a BOa-residential area.
2) Build the Oaken Lane neigbbon a soundproof privacy waIL
3) _alate our walls.
4) Stop the aetivities.
5) Bay our home & re-locate lIS to an equitable dwelling in an equitable
aeigbOOrhood.
6) Exclumge tbe Iocatious of the giant ramp-in-progress witb the smaller ramp.
<ne I>>rmer is direetly aIiped witb our IiviIIg room.)
7) Replace tbe metal bar acl'OlS the Fun Box witb a wooden bar.
b. FPBC dr-aing tJIeir feet. What church leaden say to you sounds g~ but their follow-
through does !l9! occur unless fOrmI upon them by the City with a deadline attacbed.
e. FPBC's lack of communication with their neigbOOn. No initiation on their part.
d. CONRICf OF INTERESTSINO REFUGE:
1) Saturdays: bicycle race park open (We work Mon.-Fri. as teacben.)
2) Tua., Wed., & Fri. nigh": skateboarding (We are home eveniBgs.
4. DRAINAGE PROBLEM i)r yean will only be flIed when they finish their bicycle race park.
Homeownen have already waited 4 summen i)r th.em to eUminate the standing water, the ideal
mosquito habitat. .
5. CONSTANT VIOLATIONS oftbeir Special Conditional Use Permit:
a. Uopted ramps & Fun Box
b. Unlocked bicycle race park
(~
e
e
2
e. Unsupervised children on the ramps & Fun Box as well as inside the bicycle park.
d. Standing water (POOls) from rai_ behind our fence
e. Overgrownldeaw ditch
6. OUR CONSTANT CALLS to POllCE to report the unsupervised children and loud concert
music we have been subjected to hear inside our home since Jan. 2001.
7. POOR MAINTENANCE of property:
a. Gary Shaw, our neighbor since Oct. 2001, mowing 10 ft. behind our fences to lessen the
mosquito problem.
b. No exterminating of the standing water.
e. No drainage provided for standing water after heavy raias.
d. No regular mowing or weedeating. Despicable conditions behind our fence.
e. Overgrown & dense drainage ditch.
8. 2 Oaken Lane homeowners (neighbors on both sides of us) have already moved.
a. Pizzitolas in Oct. 2001
b. Kleins July 27, 2002
e. Our moving NOT an option financially now.
9. CITY OPTIONS-
a. Eliminate activities till church addresses all the requirements - noises, drainage,
extermination, regular maintenance.
b. Require re-Iocation of their skateboarding, bicycle race park, & concerts to a non-
residential section.
e. Require building of a soundproof gym before skateboarding, bicycling, & concert
activities resume.
d. Require building a soundproof privacy fence for the 6 Oaken Lane homeowners before
the skateboarding, bicycling, & concert activities resume.
e. Revoke their permit siDee the church sees aU options as "ufeasible. "
10. We're tired of constantly fighting this battle & losing quality time in our home. (45-page LOG in
20 months) Too much IDOnitoring, recording, preparing speeches, speaking to City oflicials, ete.
WE WANT TO ENJOY OUR HOME AGAIN!
11. City of La Porte's RESPONSmILITY TO PROTECf THE HOMEOWNER' RIGHTS, not to
protect the church's activities. Please give lIS reliefsoon. We've waited too long.
U. The Drooosed noise ordinance mast Drotect the homeowners from the church's activity noises that
travel inside our homes & interfere with the comfortable enioyment of oar home & Dropertv.
13. Please do not pass this noise ordinance ilit does protect ns from Fairmont Park Rapmt Church's
disruptive noises that prevent relaxation in our homes.
COMideratio_Jrom Pasadena's Noise Ordinance See. 20-1. Sound and vibration:
Pasadena PROTECTS INHABITANTS from sound & vibration that
1. Is barmful to inhabitaaa' health & welfare [(a) (1) a.)
2. Interferes with comfortable enjoyment oflife, property, and recreatiou [(a) (1) b.)
3. Is a uulsance [(a) (1) c.).
Pasadena's soud & vibratiou PROBIBmONS:
1. Unreasonably load, raucous, jarring, disturbing, or 8BDOying [(c) (1) &0)
2. Causes psychological or physiological efl'edI detrimeotal to the health, welfare, or safety of a
reasonably sensitive person [(c) (1) b.)
3. Any devic:e for producing or reproducing sound to dmrb the peace, quiet, & comfort of the
neigbboriDg inhabitants [(c) (4))
4. Louder volume than it necessary fOr conveDient hearing .for the persollS who are in the room
where such soud device it operated [(c) (4))
5. Any device is plainly audible at a distance 0150 ft. from the building where it is located [(c) (4)).
~f#u/~~7r~a~~ .J_-/,
4~~~~~.~
....::i.iiil TIM LMcmJa&
-W Lympltomo Society
e
e
SUGGESTED REMARKS WHEN ACCEPTING PROCLAMATIONS
The Leukemia & Lymphoma Society invites you to be a part of Light The Night@ Walk, a
nationwide evening walk to celebrate and commemorate lives touched by cancer. Join us at one of
our five Greater Houston locations:
This unique and visual 2 - 3 mile evening walk features illuminated balloons that are carried to
show support of the battle against leukemia and other blood-related cancers. Participants raising
$25 or more carry red balloons, to signify their personal commitment to the cause, while cancer
survivors and patients carry white balloons as a glowing symbol of hope for all.
You or your team can walk in honor or memory of an employee, family member or friend who has
battled leukemia or another form of cancer. HELP US CROSS THE FINISH LINE in the fight
against cancer.
TAKE THE FIRST STEP in becoming part of the event. Just simply encourage your employees
as well as their family members and friends to form a team and come and enjoy the walk. Funds
raised will be utilized to support life saving research and provide financial assistance to patients
and their families. (Brochures available)
Walk Locations: (Registration starts at 6:00 pm and the walk starts at 7:30 pm.)
Sugar Land:
Conroe:
League City:
Houston:
Lake Jackson:
Flour Corporation
The Lone Star Convention Center
Walter Hall Park
Sam Houston Race Park
Brazosport College
Thursday, September 19,2002
Tuesday, September 24,2002
Thursday, September 26,2002
Saturday, September 28,2002
Sunday, September 29, 2002
For more information call: 713-680-8088
e
e
t'
Dear Editor:
In my 8-4-02 letter I questioned the whereabouts of La Porte's contract city
attorney during the decisions that led to the current City expense scandal. You
stated that my question was about the attorney's integrity and/or ability and you
opined that my question was gross negligence; so I'm compelled to respond with
more facts. I think your readers will find this interesting.
My question as to the attorney's whereabouts is just that. That does not
question his integrity, (which is defined as conformance to ethic or moral
standards), or his ability. However, if we find that the attorney was involved in
promoting this taxpayer abuse against the opinions of two Texas Attorney
Generals; the next obvious question will be vendor service quality versus cost to
the taxpayer. I have several questions for City Council about quality versus cost
and will present the hard evidence to back up the questions. As a taxpayer I not
only have the right to do this; I have an obligation to my fellow taxpayers to do it.
Your next claim was that the Texas Attorney General's opinion does not set
law. Why did you contact local attorneys for information instead of calling the
Texas Attorney Generals office or going to their website? The Texas Attorney
General is the one with the legal authority and responsibility on this matter; not
local attorneys. I took that logical step of studying the Attorney General's web site
and calling his office to verify what I found. The Attorney General's representative
that I spoke with (at 512-463-2110) read me their written guidelines which state
that the Attorney General's opinion "carries the weight and force of the law" until
it is overruled or changed by statute, AG opinion, or court case. The web site
path is http://www.oag.state.tx.us ,then select opinions, then select opinion
request procedures, and then scroll to the bottom paragraph which states, "" The
appellate courts of Texas have consistently held that attorney general opinions,
although not binding on the courts, are entitled to "great weight." An opinion of
the attorney general should be deemed to state the law correctly, unless or
until the opinion is modified or overruled by statute, judicial decision, or
subsequent attorney general opinion.''''
Research into other parts of the web site show that the two AG opinions on
this issue have never been overruled. Well John, looks to me that the Texas
Attorney General disagrees with the local attorneys you called. Let's repeat that,
so it'll soak in, " deemed to state the law correctly", and "carries the weight
and force of the law". Now let's see if we can answer this question correctly.
Which attorney should our City Council and city manager have listened to back
when they decided to violate the Texas Constitution and start using our tax
money for their own personal expenses? And who should we be listening to
now?
We can debate the merits of statute law versus case law versus AG weight
and force of the law, all we want; but the bottom line the Attorney General's
opinion has not been overruled so it has been the authority through this entire
abuse of the taxpayers. And the Attorney General says that paying spouse
expenses, with few exceptions, is against the Texas constitution.
e
e
These details are important, but I think they have distracted from the main
Question of, why did our City Council pass a resolution in direct opposition to the
Attorney General's "weight and force of law" opinion?
You stated that I'm not qualified to judge the current system, abuses of the
system, or any corrections to the system.
I'll respond by stating that I uncovered the Washington trip (that is on the front
cover of your 8-11edition) through "open records" study; a few weeks ago. And I
have copied documents of it and more items like it. But, I think it is best to wait
and see what the new special auditor does before throwing more cans of
gasoline into this fire of taxpayer abuse. The old auditors did not find these items
and some of the current City "Pros" either did not find them or did not report
them. So who is qualified and who is not? I take your statement on my
qualifications to mean education and research/business experience. If I take that
correctly, then why do you deem yourself able to judge my qualifications when
you do not know my education and research/business experience? One of the
ancient philosophers said that one can only be rightfully judged by one's equal or
one's better. I'll gladly put my college hours and college degrees up against yours
to settle the issue of who's "qualified" ,from your standpoint. From my standpoint;
education and research/business experience have nothing to do with knowing
right from wrong; and that can make all taxpayers "qualified" to judge whether
their taxes are being unethically or illegally spent.
And my hat is off to Bill Fontenot for his enlightening letter to the Editor.
And my hat is off to the taxpayer (who wishes to remain anonymous) that gave
me the tip about the AG opinions.
Bill Scott, Treasurer for "Common Sense Govt."
.
.
I
,
Ie
J~~J.,
e
.
PETITION
The below listed residents of the City of LaPorte do, by signing below, indicate their disagreement and
displeasure that the City Council should support the construction of the Texas Import/Export Business
Park proposed by Frontier Logistics. These residents of LaPorte feel the City should oppose the
construction of heavy industrial sites within the City Limits of LaPorte that will result in the degradation of
the "Quality of Life" of our residential community. The continual erosion of this "Quality of Life" in a
predominantly residential and recreational setting by the encroachment of noisy and polluting industrial
complexes is not in the best interests of the majority of LaPorte residents. It not only leads to the decline
of pr erty alu s but also to increasing environmental health hazards and traffic problems.
One Smf)~)
\
/
G/JIf!JJ:t..P ST - 771:'"7/
I(
I{
.
e
PETITION
and concerned area residents
The below listed residents of the City of LaP 0 rte.Ao , by signing below, indicate their disagreement and
displeasure that the City Council should support the construction of the Texas Import/Export Business
Park proposed by Frontier Logistics. These residents of LaPorte feel the City should oppose the
construction of heavy industrial sites within the City Limits of LaPorte that will result in the degradation of
the "Quality of Life" of our residential community. The continual erosion of this "Quality of Life" in a
predominantly residential and recreational setting by the encroachment of noisy and polluting industrial
complexes is not in the best interests of the majority of LaPorte residents. It not only leads to the decline
of property values but also to increasing environmental health hazards and traffic problems.
.La~o..tr ~
i J C?\r-le ~ -
'7 -
e
e
PETITION
The below listed residents of the City of LaPorte do, by signing below, indicate their disagreement and
displeasure that the City Council should support the construction of the Texas Import/Export Business
Park proposed by Frontier Logistics. These residents of LaPorte feel the City should oppose the
construction of heavy industrial sites within the City Limits of LaPorte that will result in the degradation of
the "Quality of Life" of our residential community. The continual erosion of this "Quality of Life" in a
predominantly residential and recreationa~setting by the encroachment of noisy and polluting industrial
complexes is not in the best interests of the majority of LaPorte residents. It not only leads to the decline
of property value but also to increasing e vironmental health hazards and traffic problems.
<:T. 2J: L h P. 7 r'l.--
.
:...-
.
.
.
e
e
PETITION
The below listed residents of the City of LaPorte do, by signing below, indicate their disagreement and
displeasure that the City Council should support the construction of the Texas Import/Export Business
Park proposed by Frontier Logistics. These residents of LaPorte feel the City should oppose the
construction of heavy industrial sites within the City Limits of LaPorte that will result in the degradation of
the "Quality of Life" of our residential community. The continual erosion of this "Quality of Life" in a
predominantly residential and recreational setting by the encroachment of noisy and polluting industrial
complexes is not in the best interests of the majority of LaPorte residents. It not only leads to the decline
of Pfoperty values but also to increasing environmental health hazards and traffic problems.
'1h -..' '. "UJ ~ '~rJ:'1/17Y77J7j
.3 II 4 'f 7 1 \$ >J7 I
. . , 2.. . /,( r 71
.. 7/
"'S1 (
,I
.
..
.
e
e
PETITION
The below listed residents of the City of LaPorte do, by signing below, indicate their disagreement and
displeasure that the City Council should support the construction of the Texas Import/Export Business
Park proposed by Frontier Logistics. These residents of LaPorte feel the City should oppose the
construction of heavy industrial sites within the City Limits of LaPorte that will result in the degradation of
the "Quality of Life" of our residential community. The continual erosion of this "Quality of Life" in a
predominantly residential and recreational setting by the encroachment of noisy and polluting industrial
complexes is not in the best interests of the majority of LaPorte residents. It not only leads to the decline
of property values but also to increasing environmental health hazards and traffic problems.
,- 4~~~
~ e, \ ~
.6'".
.
.
.
e
e
PETITION
The below listed residents of the City of LaPorte do, by signing below, indicate their disagreement and
displeasure that the City Council should support the construction of the Texas Import/Export Business
Park proposed by Frontier Logistics. These residents of LaPorte feel the City should oppose the
construction of heavy industrial sites within the City Limits of LaPorte that will result in the degradation of
the "Quality of Life" of our residential community. The continual erosion of this "Quality of Life" in a
predominantly residential and recreational setting by the encroachment of noisy and polluting industrial
complexes is not in the best interests of the majority of LaPorte residents. It not only leads to the decline
of property values but also to increasing environmental health hazards and traffic problems.
l
'/J O-A4. (ijh {/9 ~
.
.
.
e
e
PETITION
The below listed residents of the City of LaPorte do, by signing below, indicate their disagreement and
displeasure that the City Council should support the construction of the Texas Import/Export Business
Park proposed by Frontier Logistics. These residents of LaPorte feel the City should oppose the
construction of heavy industrial sites within the City Limits of LaPorte that will result in the degradation of
the "Quality of Life" of our residential community. The continual erosion of this "Quality of Life" in a
predominantly residential and recreational setting by the encroachment of noisy and polluting industrial
complexes is not in the best interests of the majority of LaPorte residents. It not only leads to the decline
of property values but also to increasing environmental health hazards and traffic problems.
e
e
PETITION
The below listed residents of the City of LaPorte do, by signing below, indicate their disagreement and
displeasure that the City Council should support the construction of the Texas Import/Export Business
Park proposed by Frontier Logistics. These residents of LaPorte feel the City should oppose the
construction of heavy industrial sites within the City Limits of LaPorte that will result in the degradation of
the "Quality of Life" of our residential community. The continual erosion of this "Quality of Life" in a
predominantly residential and recreational setting by the encroachment of noisy and polluting industrial
complexes is not in the best interests of the majority of LaPorte residents. It not only leads to the decline
of property values but also to increasin environmental health hazard~ and traffic problems. "'LJ 1_ <.( 7 () -J J 7 7
. . a &0 I :5.15 oaLuCk?
I ) 't- ~ '-Ib ~
/. ~ 2. - 06
'{ - c&:' 'J - iJl ~-s-
( ;;;9/ f~)
(f <17 I I If 0
~~5~
.
.
.
e
e
PETITION
The below listed residents of the City of LaPorte do, by signing below, indicate their disagreement and
displeasure that the City Council should support the construction of the Texas Import/Export Business
Park proposed by Frontier Logistics. These residents of LaPorte feel the City should oppose the
construction of heavy industrial sites within the City Limits of LaPorte that will result in the degradation of
the "Quality of Life" of our residential community. The continual erosion of this "Quality of Life" in a
predominantly residential and recreational setting by the encroachment of noisy and polluting industrial
complexes is not in the best interests of the majority of LaPorte residents. It not only leads to the decline
of property values but also to increasing environmental health hazards and traffic problems.
/
e
e
PETITION
The below listed residents of the City of LaPorte do, by signing below, indicate their disagreement and
displeasure that the City Council should support the construction of the Texas Import/Export Business
Park proposed by Frontier Logistics. These residents of LaPorte feel the City should oppose the
construction of heavy industrial sites within the City Limits of LaPorte that will result in the degradation of
the "Quality of Life" of our residential community. The continual erosion of this "Quality of Life" in a
predominantly residential and recreational setting by the encroachment of noisy and polluting industrial
complexes is not in the best interests of the majority of LaPorte residents. It not only leads to the decline
of property values but also to increasing environmental health hazards and traffic problems. .
Iz, ~y fe
7757 I
I (
I (
I I
.I.J../l I r
rf
.2~
~/..'
',-
~'
71)
i /_\
12-
'~-
e
e
PETITION
The below listed residents of the City of LaPorte do, by signing below, indicate their disagreement and
displeasure that the City Council should support the construction of the Texas Import/Export Business
Park proposed by Frontier Logistics. These residents of LaPorte feel the City should oppose the
construction of heavy industrial sites within the City Limits of LaPorte that will result in the degradation of
the "Quality of Life" of our residential community. The continual erosion of this "Quality of Life" in a
predominantly residential and recreational setting by the encroachment of noisy and polluting industrial
complexes is not in the best interests of the majority of LaPorte residents. It not only leads to the decline
of property values but also to increasing environmental health hazards and traffic problems.
(\. -
.
.
.
e
e
PETITION
The below listed residents of the City of LaPorte do, by signing below, indicate their disagreement and
displeasure that the City Council should support the construction of the Texas Import/Export Business
Park proposed by Frontier Logistics. These residents of LaPorte feel the City should oppose the
construction of heavy industrial sites within the City Limits of LaPorte that will result in the degradation of
the "Quality of Life" of our residential community. The continual erosion of this "Quality of Life" in a
predominantly residential and recreational setting by the encroachment of noisy and polluting industrial
complexes is not in the best interests of the majority of LaPorte residents. It not only leads to the decline
f ope y valu b Is incre ing environmental health hazards and traffic problems.
,. 3 ID ~
( '.
".I
SJL
.
e
e
PETITION
The below listed residents of the City of LaPorte do, by signing below, indicate their disagreement and
displeasure that the City Council should support the construction of the Texas Import/Export Business
Park proposed by Frontier Logistics. These residents of LaPorte feel the City should oppose the
construction of heavy industrial sites within the City Limits of LaPorte that will result in the degradation of
the "Quality of Life" of our residential community. The continual erosion of this "Quality of Life" in a
predominantly residential and recreational setting by the encroachment of noisy and polluting industrial
complexes is not in the best interests of the majority of LaPorte. residents. It not only leads to the decline
of property values but also to increasing environmental health hazards and traffic problems.
/}
~6~
~
.
.
~
S1Mj) OJ
W
1"_-
..
,
~ .
~. . .. . -~-~" "". - -. .. .'
'- ~.-~~.("': "'.~{~~ -
. '\,.. ' . '"
,.. too
-:
,-
.'
~,
).
" j;.t .....,:
~~~
~~. ~'
.
.
:-0",: .. ...
...... ..~
..... '" ......"
....:".:.. .~ ,
.. ... - "
'.' _'j., 't':~ .
~~. ~
^ :: '~.,. ": ....-..
...~#
~
r
~:-:..
.... ;::
~
j'..... .
".
.
..
oJ-
~ --
~
~3~ .~
~.~.t
,~
..
."~
...
VJ~
!1
.
I
-
~..-
,
t1!',
..
-
&fI
Ilt
eJ
L/~
c7\ ~ LfflCU;7t
am oL 6, oJ-
lW~ tkm -du; ~
~day g - II -Dd--
.r'~~1
J.1oa:"........ ,,.. ,
-t..::~~. -. '-'~~ ~ I
- - .'. ~,' J"
~~'.~J:.~~.
."!II
~"".\t$ '"","!\.,:',:,/ll
...~. \ :';'; .~,
.-- .
, .
--
I
F\!I
-
3J
Sf.
1-
~cb
--.J
';)
II
./
;;
..
,
I
~
1-
1)Ii ~ J-~ _
~olz pon
I
l
3d
.. ~
- ~
Lofs IOI'! (lJa:tl sf
jb r SJ-e WuJJ
-
1
.
-
)
al1J
]( Ii
[~~
j111 -Pi f eJ
e~ f!, 0/+ fh,
one"
~
'-
'-
:..~\ ~ '-'-~
</_'{~ ~
v/
,
"
"-
"-
'"
fa+cA worfC
~
Oh\o-' g POIf
\:J\-\vh
~ ()J(..-f'Os,s ~e...
skreet-
st~If\~ wJer
Mf> ot UJ e:eJ s
)S+
. ~
5+
j/l/e pieu A
/ CJ-t/ ver+ / s Q (I !Ou.
tan 5 t.-e
f~ w~o tA)cM+
~ ~ Qj ~I {YloUJ if 5