HomeMy WebLinkAbout2003-05-19 Special Called Workshop Meeting of La Porte City Council Minutes
MINUTES OF THE SPECIAL CALLED
WORKSHOP MEETING OF LA PORTE CITY COUNCIL
MAY 19, 2003
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 Peter Griffiths, Howard Ebow, Chuck
Engelken, Bruce Meismer, James Warren, Charlie Young, Mike Mosteit and Norman
Malone
Members of Council Absent: Barry Beasley
Members of City Executive Staff and City Emplovees Present: City Manager Debra
Feazelle, Director of Emergency Services Joe Sease, Assistant City Attorney Clark Askins,
Assistant City Manager John Joerns, City Secretary Martha Gillett, Director of Public Works
Steve Gillett, Building Official Debbie Wilmore, Fire Marshal Paul Hickenbottom, Police
Chief Richard Reff, Director of Parks and Recreation Stephen Barr, Assistant Director of
Finance Mike Dolby, Assistant City Secretary Sharon Harris, City Planner Gwen Goodwin,
Administrative Assistant to City Manager Crystal Scott and Engineering Tech Supervisor
Brian Sterling
Others Present: Jimmy Jamison, Carroll Pruitt, Dusty Cook, Bobby Schlenke, A. J. France,
Herb Welsend, Manuel Castillo, Spero Pomonis, Nancy McNabb, Matthew Maldonado, Ron
C. Lord, Laura Fiffick, Brenda McDonald, Dana Blume, Barbara Loring, Tonya Tacy, Dave
Turnquist, Kent Marsh, Pat Muston, Latane Lamb, Leon Waters, Betty Waters, Ashley
Sanchez, Mayra Galvan, Jared Berry, Matt Daeumer, Ricky Gutierrez, Cassidy Smith,
Barrett Fontenot, Marco Mejia, Tom Campbell, David Addison, Jason Neumann, Zach
Palomino and Stacey Moore
2. Reverend Wayne Spears of Fairmont Park Baptist Church delivered the invocation.
3. Mayor Malone led the Pledge of Allegiance.
4. PRESENTATIONS/PROCLAMATIONS
A. Mayor Malone presented Kerron Clement with a proclamation for his excellence and
outstanding merits in track.
B. Mayor Malone presented Waymona Scott with a proclamation for her excellence and
outstanding merits in track.
5. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND
TAXPAYERS WISHING TO ADDRESS CITY COUNCIL
Manuel Castillo of 3874 Pecan Circle, La Porte, Texas, representing the Independent
Electrical Contractors Association, stated his opposition to changing the current NEC code
to a different electrical code.
Dave Turnquist of2107 North Austin Avenue, Pearland, Texas, informed Council of the
Junior PGA Golf Tournament will be held at Bay Forest in La Porte.
City Council Meeting - May 19, 2003 Page 2
Dusty Cook the owner of Dynamic Plumbing of Pasadena, Texas is in supported the C3
consensus codes.
A. Port of Houston Authority Commissioner Jimmy Burke chairs the Community Relations
Committee; which works with the local city, the chamber, civic events, etc.
Commissioner Burke provided Mayor and Council with an update on projects and
encouraged City Council to call him on project status. Commissioner Burke stated we
are the number one port importer in foreign tonnage in the United States and second in
total tonnage in the United States in imports. Commissioner Burke also stated the Port
of Houston is the sixth largest port in the world and there are 175 million tons of cargo
per year.
One of the current road projects is the Fairmont Parkway overpass. The Port now
sponsors the project through HGAL Design. As of now, the project is 30% complete.
Choate Road is an opportunity for our area, which the Port will participate in, this is a
$7.7 million dollar project that will enhance grade separation.
Strang Yard and Strang Road have helped enhance traffic and environmental issues in
the east end of Harris County.
Barbours Cut Boulevard will be enhanced and beautified after Harris County has
completed the reconstruction of the Boulevard.
Kent Marsh provided Council with an overview of history and project status to date.
Homeowners concerns were addressed - noise pollution and property values (The Port
of Houston has a value assurance program; zone change request from business industrial
to planned unit development; and have an Information Workshop with homeowner and
the City. The site plan was explained to Mayor and Council; lighting, drainage, sanitary
sewer, and landscaping.
B. Jimmy Jamison updated Council on the Port's Proposed Pre-gate Facility. The Port's
goal is to build a state-of-the-art facility that meets our business needs. The proposed
facility will convert a 22-minute truck process into a 6-minute process. In doing so, this
will improve air quality, traffic flow, with improvements to Port security. This will cost
approximately $15 million.
C. Building Official Debbie Wilmore provided a presentation, by Mr. Carroll Pruitt,
introducing C3 and ICC Published Building Codes.
D. Assistant City Manager John Joerns discussed the Flamingo Bay Apartments. Mr.
Joerns stated the owner is in violation of their loan agreement; asbestos was found in the
buildings, SETH wants quotes on asbestos removal and possible purchase of the
property. The property could be used for a Retirement Community. The City could
have possible action, however, must wait on SETH or have the Attorney move forward
with a sale.
E. Police Chief Richard Reff discussed rebuilding the La Porte Firing Range. The La Porte
Firing Range has been closed due to damage from Tropical Storm Allison; the Police
Department are determined to clean it up. The cost is $147,910.00 for total replacement.
City Council directed Chief Reffto find additional funding sources.
City Council Meeting - May 19, 2003 Page 3
F. Police Chief Richard Reffprovided a report and discussed Chapter 70 of the Code of
Ordinances, adding Article VIII, "Parking of Vehicles for Sale in Unauthorized
Locations Prohibited".
Council provided Staff direction to move forward and place the item on future
agenda for adoption. City Council suggested Staff enforce very aggressively.
6. The Special Called Workshop Meeting was adjourned at 8:22 p.m.
7. ADMINISTRATIVE REPORTS
City Manager Debra Feazelle reminded Council of Monday, May 26,2003, Memorial Day
Holiday, and the next City Council Meeting to be held on Monday, June 9, 2003. Ms.
Feazelle informed Council of a library complaint concerning students. There was agreement
in having a committee study the consensus of the Bayport issue.
8. COUNCIL COMMENTS
Councilmembers Griffiths, Ebow, Engelken, Mosteit, Meismer, Young, Warren and Mayor
had comments
9. 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 8:42 p.m.
Council reconvened the Council Meeting at 9:49 p.m.
10. CONSIDERATIONS AND POSSIBLE ACTION ON ITEMS CONSIDERED IN
EXECUTIVE SESSION
There was no action taken during Executive Session.
11. There being no further business to come before Council, the Special Called Workshop
Meeting was duly adjourned at 9:50 p.m.
Respectfully submitted,
'-j]~~)(~
City Secretary
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: June 9. 2003
Appropriation
Requested By: Debra Brooks Feazelle
Source of Funds:
Department: Adminilltration
Account Number:
Report:
Resolution: X Ordinance:
Amount Budgeted:
Exhibits:
Resolution
Amount Requested:
Exhibits:
Letter of request form American Leeion
Budgeted Item: YES NO
Exhibits
Flag Code
SUMMARY & RECOMMENDATION
At the request oflocal Veterans, the City of La Porte began displaying the flags of our State and Nation
24 hours a day in honor of the men and women from our community who are on active duty in the United
States Military forces. This practice began on Veterans Day, 1990.
Due to the recent war, American Legion has requested the City reaffirm its commitment to fly the United
States and Texas flags at City facilities continuously as long as local citizens are serving in the various
Armed Services of our country.
Action Required bv Council:
Approve a resolution officially reaffirming that the City of La Porte will fly the United States and Texas flags at
City facilities continuously as long as local citizens are serving in the various Armed Services of our country,
~i~
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Date
RESOLUTION NO. 2003-L
A RESOLUTION OFFICIALLY REAFFIRMING THAT THE CITY OF LA PORTE
WILL FLY THE UNITED STATES AND TEXAS FLAGS AT CITY FACILITIES
CONTINUOUSLY AS LONG AS LOCAL CITIZENS ARE SERVING IN THE
VARIOUS ARMED SERVICES OF OUR COUNTRY; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
WHEREAS, the security of our city, state and nation is dependent upon the men
and women serving on active duty in the Armed Forces of the United States of
America; and,
WHEREAS, there are many citizens of the City of La Porte serving on active duty
in said forces; and,
WHEREAS, on November 11, 1990 the City of La Porte began to fly the flags of
our state and nation 24 hours a day in honor of these special people, for so long
as anyone of them so serves; and,
WHEREAS, the City of La Porte wishes to confirm our lasting pride, and our firm
support, of said people, be it; and,
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, THAT:
Section 1. The City of La Porte reaffirms it's policy of flying the Flags of the
United States of America and the great State of Texas continually at our City Hall
and all other public facilities to honor each and every one of the men and women
serving in the Armed Forces of the United States, especially those residents of
the La Porte Bayshore Area; and be it further,
Section 2. That this policy shall continue as long as there is any member of our
community serving on active duty in the Military forces of the United States and
be finally,
Section 3. That the City of La Porte urges all local businesses and the general
public to do the same.
Section 4. The City Council officially finds, determines, recites and declares that
a sufficient written notice of the date, hour, place and subject of this meeting of
the City Council is posted at a place convenient to the public at the City Hall of
the City for the time required by law preceding this meeting, as required by the
Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public
as required by law at all times during which this resolution and the subject matter
thereof has been discussed, considered and formally acted upon. The City
Council further ratifies, approves and confirms such written notice and the
contents and posting thereof.
Section 5. This Resolution shall be effective upon its passage and approval.
Passed by the City Council this 9th day of June, 2003.
C'~d
Norman L. Malone
Mayor
ATTEST:
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Martha A. Gillett
City Secretary !
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Knox W. Askins
City Attorney
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The American Legion (2.eA ~~ ~ -
Hovey Bethea Powell Post 428 ,
P. O. Box 14 R ECE IVE
La Porte, Texas 77572.00\41
Debra Feazelle
City Manager
La Porte, Texas
APR 2 2003
April 23 2003
CITY MANAGER'S '
OFFICE
Subject: Displaying the flags of our State and Nation 24 hours a day in honor of the men
and women from our community who are on active duty in the United States Military Forces.
Dear Ms. Feazelle;
Per our conversation April 21, 2003.
The City of La Porte, at the request of local Veterans, began this outstanding practice
on Veterans Day, 1990, prior to the start of Desert Storm: Jan. 16, 1991.
Authority to do this is found in Title 4, United States Code Chapter 1, Sec. 4 through
10. (See attached) Esp. Sec.. 6 (a) "----when a patriotic effect is desired, the flag may be
displayed 24 hours a day if properly illuminated during the hours of darkness. "
"Proper illumination" is interpreted as a "light specifically placed to illuminate the
flag (preferred) or having a light source sufficient to illuminate the flag so it is recognizable
as such by the casual observer." (underlining is mine) See American Legion attachment
This could be from street lighting, parking lots, or spill over. One of our most
common calls is to report that someone is "flying our flag at night. " We ask, "How do you
know?" Most often they reply, "Because I saw it." Our answer to that is, "well then, it must
have been properly illuminated. "
And Sec. 6 (c) "The flag should not be displayed on days when the weather is
inclement, except when an all weather flag is displayed. " (underlining is mine)
Time has dulled the memory of why we see the flags flying 24 hr. a day in our city.
Proposal: To have City Council compose an official declaration to reaffirm that the
City of La Porte will fly the United States and Texas flags at City Hall and all other public
facilities continuously as long as local citizens are serving in the various Armed Services of
- our country; and to urge all businesses and the general public to do the same.
Please let me know if I should approach council direct. Thanks again for your support.
.~~
William J. (Bill) White
Commander (281-471-2867)
~~
Buford E. Leonard
Adjutant
f~c:.L, l
Re. Reconfmning flying flags in honor of local men and women who are serving on active
duty in the Armed Forces of the United States.
Some suggested where's and where fore's
DECLARATION
Whereas: the security of our city, state and nation is dependent upon the men and women
serving on active duty in the Armed Forces of the United States of America and:
Whereas: there are many citizens of the City of La Porte serving on active duty in said
forces, and
Whereas: on November 11, 1990 the City of La Porte began to fly the flags of our state
and nation 24 hours a day in honor of these special people, for so long as anyone
of them so serves, and
Whereas: The City of La Porte wishes to confmn our lasting pride, and our fmn support, of
said people; be it
Resolved: that the City of La Porte reaffmns it's policy of flying the Flags of the
United States of America and the great State of Texas continually at
our City Hall and all other public facilities to honor each and every one of the
men and women serving in the Armed Forces of the United States: especially
those residents of the La Porte bay shore area, and be it further
Resolved: that this Policy shall continue as long as there is any member of our community
serving on active duty in the Military forces of the United States: and be it fmally
Resolved; that the City of La Porte urges all local businesses and the general public to do
the same.
NOTE. What ever form is used should be framed and prominently displayed on a wall
in City Hall.
Bill White (281) 471 2867
The Flag Code
Title 4, United States Code, Chapter 1
As Adopted by the National Flag Conference, Washington, D.C., June 14-15,
1923, and Revised and Endorsed by the Second National Flag Conference,
Washington, D.C., May IS, 1924. Revised and adopted at P.L. 623, 77th Congress,
Second Session, June 22, 1942; as Amended by P.L. 829, 77th Congress, Second
Session, December 22, 1942; P.L. 107 83rd Congress, 1st Session, July 9, 1953; P.L.
396, 83rd Congress, Second Session, June 14, 1954; P.L. 363, 90th Congress,
Second Session, June 28, 1968; P.L. 344, 94th Congress, Second Session, July 7,
1976; P.L. 322, 103rd Congress, Second Session, September 13, 1994; P.L. 225,
105th Congress, Second Session, August 12, 1998; and P.L. 80, 106th Congress,
First Session, October 25, 1999.
~ 4. Pledge of Allegiance to the flag; manner of delivery
The Pledge of Allegiance to the Flag, "I pledge allegiance to the
Flag of the United States of America, and to the Republic for which it stands, one
Nation under God, indivisible, with liberty and justice for all.", should be
rendered by standing at attention facing the flag with the right hand over the
heart. When not in uniform men should remove their headdress with their right
hand and hold it at the left shoulder, the hand being over the heart. Persons in
uniform should remain silent, face the flag, and render the military salute.
~ 5. Display and use of flag by civilians; codification of rules and customs;
definition
The following codification of existing rules and customs pertaining to the
display and use of the flag of the United States of America is established for the
use of such civilians or civilian groups or organizations as may not be required to
conform with regulations promulgated by one or more executive departments of
the Government of the United States. The flag of the United States for the
purpose of this chapter shall be defined according to sections 1 and 2 of this title
and Executive Order 10834 issued pursuant thereto.
~ 6. Time and occasions for display
(a) It is the universal custom to display the flag only from sunrise to sunset
on buildings and on stationary flagstaffs in the open. However, when a patriotic
effect is desired, the flag may be displayed 24 hours a day if properly illuminated
during the hours of darkness.
(b) The flag should be hoisted briskly and lowered ceremoniously.
(c) The flag should not be displayed on days when the weather is inclement,
except when an all weather flag is displayed.
(d) The flag should be displayed on all days, especially on New Year's Day,
January 1; Inauguration Day, January 20; Martin Luther King, Jr.' s birthday, the
third Monday in January; Lincoln's Birthday, February 12; Washington's
Birthday, third Monday in February; Easter Sunday (variable); Mother's Day,
second Sunday in May; Armed Forces Day, third Saturday in May; Memorial
Day (half-staff until noon), the last Monday in May; Flag Day, June 14;
Independence Day, July 4; Labor Day, first Monday in September; Constitution
Day, September 17; Columbus Day, second Monday in October; Navy Day,
October 27; Veterans Day, November 11; Thanksgiving Day, fourth Thursday in
November; Christmas Day, December 25; and such other days as may be
proclaimed by the President of the United States; the birthdays of States (date of
admission); and on State holidays.
(e) The flag should be displayed daily on or near the main administration
building of every public institution.
(f) The flag should be displayed in or near every polling place on election
days.
(g) The flag should be displayed during school days in or near every
schoolhouse.
6 7. Position and manner of display
The flag, when carried in a procession with another flag or flags, should be either
on the marching right; that is, the flag's own right, or, if there is a line of other
flags, in front of the center of that line.
(a) The flag should not be displayed on a float in a parade except from a staff,
or as provided in subsection (i) of this section.
(b) The flag should not be draped over the hood, top, sides, or back of a
vehicle or of a railroad train or a boat. When the flag is displayed on a motorcar,
the staff shall be fixed firmly to the chassis or clamped to the right fender.
(c) No other flag or pennant should be placed above or, if on the same level,
to the right of the flag of the United States of America, except during church
services conducted by naval chaplains at sea, when the church pennant may be
flown above the flag during church services for the personnel of the Navy. No
person shall display the flag of the United Nations or any other national or
international flag equal, above, or in a position of superior prominence or honor
to, or in place of, the flag of the United States at any place within the United
States or any Territory or possession thereof: Provided, That nothing in this
section shall make unlawful the continuance of the practice heretofore followed
of displaying the flag of the United Nations in a position of superior prominence
or honor, and other national flags in positions of equal prominence or honor,
with that of the flag of the United States at the headquarters of the United
Nations.
(d) The flag of the United States of America, when it is displayed with
another flag against a wall from crossed staffs, should be on the right, the flag's
own right, and its staff should be in front of the staff of the other flag.
(e) The flag of the United States of America should be at the center and at the
highest point of the group when a number of flags of States or localities or
pennants of societies are grouped and displayed from staffs.
(f) When flags of States, cities, or localities, or pennants of societies are flown
on the same halyard with the flag of the United States, the latter should always
be at the peak. When the flags are flown from adjacent staffs, the flag of the
United States should be hoisted first and lowered last. No such flag or pennant
may be placed above the flag of the United States or to the United States flag's
right.
(g) When flags of two or more nations are displayed, they are to be flown
from separate staffs of the same height. The flags should be of approximately
equal size. International usage forbids the display of the flag of one nation above
that of another nation in time of peace.
(h) When the flag of the United States is displayed from a staff projecting
horizontally or at an angle from the window sill, balcony, or front of a building,
the union of the flag should be placed at the peak of the staff unless the flag is at
half-staff. When the flag is suspended over a sidewalk from a rope extending
from a house to a pole at the edge of the sidewalk, the flag should be hoisted out,
union first, from the building.
(i) When displayed either horizontally or vertically against a wall, the union
should be uppermost and to the flag's own right, that is, to the observer's left.
When displayed in a window, the flag should be displayed in the same way,
with the union or blue field to the left of the observer in the street.
(j) When the flag is displayed over the middle of the street, it should be
suspended vertically with the union to the north in an east and west street or to
the east in a north and south street.
(k) When used on a speaker's platform, the flag, if displayed flat, should be
displayed above and behind the speaker. When displayed from a staff in a
church or public auditorium, the flag of the United States of America should
hold the position of superior prominence, in advance of the audience, and in the
position of honor at the clergyman's or speaker's right as he faces the audience.
Any other flag so displayed should be placed on the left of the clergyman or
speaker or to the right of the audience.
(1) The flag should form a distinctive feature of the ceremony of unveiling a
statue or monument, but it should never be used as the covering for the statue or
monument.
(m) The flag, when flown at half-staff, should be first hoisted to the peak for
an instant and then lowered to the half-staff position. The flag should be again
raised to the peak before it is lowered for the day. On Memorial Day the flag
should be displayed at half-staff until noon only, then raised to the top of the
staff. By order of the President, the flag shall be flown at half-staff upon the
death of principal figures of the United States Government and the Governor of a
State, territory, or possession, as a mark of respect to their memory. In the event
of the death of other officials or foreign dignitaries, the flag is to be displayed at
half-staff according to Presidential instructions or orders, or in accordance with
recognized customs or practices not inconsistent with law. In the event of the
death of a present or former official of the government of any State, territory, or
possession of the United States, the Governor of that State, territory, or
possession may proclaim that the National flag shall be flown at half-staff. The
flag shall be flown at half-staff 30 days from the death of the President or a
former President; 10 days from the day of death of the Vice President, the Chief
Justice or a retired Chief Justice of the United States, or the Speaker of the House
of Representatives; from the day of death until interment of an Associate Justice
of the Supreme Court, a Secretary of an executive or military department, a
former Vice President, or the Governor of a State, territory, or possession; and on
the day of death and the following day for a Member of Congress. The flag shall
be flown at half-staff on Peace Officers Memorial Day, unless that day is also
Armed Forces Day. As used in this subsection -
(1) the term "half-staff" means the position of the flag when it is one-half the
distance between the top and bottom of the staff;
(2) the term "executive or military department" means any agency listed under
sections 101 and 102 of title 5, United States Code; and
(3) the term "Member of Congress" means a Senator, a Representative, a
Delegate, or the Resident Commissioner from Puerto Rico.
(n) When the flag is used to cover a casket, it should be so placed that the
union is at the head and over the left shoulder. The flag should not be lowered
into the grave or allowed to touch the ground.
(0) When the flag is suspended across a corridor or lobby in a building with
only one main entrance, it should be suspended vertically with the union of the
flag to the observer's left upon entering. If the building has more than one main
entrance, the flag should be suspended vertically near the center of the corridor
or lobby with the union to the north, when entrances are to the east and west or
to the east when entrances are to the north and south. If there are entrances in
more than two directions, the union should be to the east.
~ 8. Respect for flag
No disrespect should be shown to the flag of the United States of America; the
flag should not be dipped to any person or thing. Regimental colors, State flags,
and organization or institutional flags are to be dipped as a mark of honor.
(a) The flag should never be displayed with the union down, except as a
signal of dire distress in instances of extreme danger to life or property.
(b) The flag should never touch anything beneath it, such as the ground, the
floor, water, or merchandise.
(c) The flag should never be carried flat or horizontally, but always aloft and
free.
(d) The flag should never be used as wearing apparel, bedding, or drapery. It
should never be festooned, drawn back, nor up, in folds, but always allowed to
fall free. Bunting of blue, white, and red, always arranged with the blue above,
the white in the middle, and the red below, should be used for covering a
speaker's desk, draping the front of the platform, and for decoration in general.
(e) The flag should never be fastened, displayed, used, or stored in such a
manner as to permit it to be easily torn, soiled, or damaged in any way.
(f) The flag should never be used as a covering for a ceiling.
(g) The flag should never have placed upon it, nor on any part of it, nor
attached to it any mark, insignia, letter, word, figure, design, picture, or drawing
of any nature.
(h) The flag should never be used as a receptacle for receiving, holding,
carrying, or delivering anything.
(i) The flag should never be used for advertising purposes in any manner
whatsoever. It should not be embroidered on such articles as cushions or
handkerchiefs and the like, printed or otherwise impressed on paper napkins or
boxes or anything that is designed for temporary use and discard. Advertising
signs should not be fastened to a staff or halyard from which the flag is flown.
(j) No part of the flag should ever be used as a costume or athletic uniform.
However, a flag patch may be affixed to the uniform of military personnel,
firemen, policemen, and members of patriotic organizations. The flag represents
a living country and is itself considered a living thing. Therefore, the lapel flag
pin being a replica, should be worn on the left lapel near the heart.
(k) The flag, when it is in such condition that it is no longer a fitting emblem
for display, should be destroyed in a dignified way, preferably by burning.
~ 9. Conduct during hoisting, lowering or passing of flag
During the ceremony of hoisting or lowering the flag or when the flag is
passing in a parade or in review, all present except those in uniform should face
the flag and stand at attention with the right hand over the heart. Those present
in uniform should render the military salute. When not in uniform, men should
remove their headdress with their right hand and hold it at the left shoulder, the
hand being over the heart. Aliens should stand at attention. The salute to the
flag in a moving column should be rendered at the moment the flag passes.
~ 10. Modification of rules and customs by President
Any rule or custom pertaining to the display of the flag of the United States of
America, set forth herein, may be altered, modified, or repealed, or additional
rules with respect thereto may be prescribed, by the Commander in Chief of the
Armed Forces of the United States, whenever he deems it to be appropriate or
desirable; and any such alteration or additional rule shall be set forth in a
proclamation.
Frequently Asked Questions about the Flag
Page 1 of 4
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... .. Flaq Code I Frequent Questions I Folding the Flag I Pledge of Allegiance I History 0
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Our Flag
:~ Frequently Asked Questions
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1. Can a flau that has been used to cover a casket be displayed after its oriqina
2. Can tile United States flag 1)E~ displayed on days wtwn the woaHler is mclern
3. What is the siqnificance of
displaving the flag at Ilalf..staff?
4. When tile flao is not flown from a staff, how should it be displaved?
5. I-low are unserviceable flags destroyed?
_ : ~~~nJ.~~ !~2~~;E:~~~~:~J:K~:~~~~~~;'~:I~~~s the ground?
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~1 :! ~~a~:ZD~(~n:l~i~~~~~g~~ 1~:nJ~~~~ Stales al niQht?
:..:::....::.:::::.::..:...............:....:.:.:...:.:..:...::::.:..............:...:...:.:.:..:.:.:.:.:.:.:............... 13. Wllat should I)e the position of the flag when displayed from a staff in a chur
:.::::::!!:!::!I::i[I_I[il1II!!:!!:::: public auditorium or otller public meetinq place, whether indoors or outdoors.
.!:.:::::::::.I~!~!rn_I::II:~III:::: 14. ~~~(~r~l:~ ~~~r~~i~I~I~:~~rf(~; f~~~~~~~;a~l~esecration of tile flaq?
_ Q: Can a flag that has been used to cover a casket be displaye
....:...............:.............::..::.:...:.:...:::::::::.:::.:..:..:............:..:.:..::.:.....:.:..:::.:.:.........: after Its ong I nal use?
i::III.!!:lli:::!:!:~!i.~:::i::[!:!!!!!!!!!!!::!!!:!: .
......:.:...............:.:.:..:...:::..:.....:.:.........................:.............:.:.:.....:::..::.:::::::::::::::::. A: There are no provisions in the Flag Code to suggest otherwise. It would be a fitti
tribute to the memory of the deceased veteran and their service to a grateful nation
casket flag were displayed.
Q: Can the United States flag be displayed on days when the
weather is inclement?
A: The flag should not be displayed on days when the weather is inclement, except
an all weather (nylon or other non-absorbent material) flag is displayed. However,
flags are made of all weather materials. (Ref Flaq Code 6(c))
Q: What is the significance of displaying the flag at half-staff?
http://www.1egion.orglour_flagloCfaCLflag.htm
4/16/03
Frequently Asked Questions about the Flag
Page 2 of 4
A: This gesture is a sign to indicate the nation mourns the death of an individual(s),
as death of the President or former President, Vice President, Supreme Court Justi
member of Congress, Secretary of an executive or military department, etc. Only th
President of the United States or the Governor of the State may order the flag to be
staffed. The honor and reverence accorded this solemn act is quickly becoming ero
those individuals and agencies that display the flag at half-staff on inappropriate oc
without proper authority to do so. (ref: Fiaq Code 7(m))
Q: When the flag is not flown from a staff, how should it be
displayed?
A: It should be displayed vertically, whether indoors or out, and suspended so that i
fall free as though the flag were staffed. The stripes may be displayed either horizo
vertically against a wall, the union should be uppermost and to the flag's own right;
to the observer's left. When displayed in a window of a home or a place of business
flag should be displayed in the same way; that is, with the union or blue field to the I
the observer in the street. (Ref Flag Code 7(i))
Q: How are unserviceable flags destroyed?
A: The Flag Code suggests that, "when a flag has served its useful purpose, it shou
destroyed, preferably by burning." For individual citizens, this should be done discr
the act of destruction is not perceived as a protest or desecration. Many American
Posts conduct Disposal of Unserviceable Flag Ceremonies on June 14, Flag Day. T
ceremony creates a particularly dignified and solemn occasion for the retirement of
unserviceable flags. (ref: Flag Code 8(k))
Q: Can the flag be washed or dry-cleaned?
A: Yes. There are no provisions of the Flag Code which prohibit such care. The dec
wash or dry-clean would be dependent on the material.
Q: Are you required to destroy the flag if it touches the ground?
A: Flag Code section 176b states that the flag should not touch anything beneath it
as the ground. This is stated to indicate that care should be exercised in the handlin
the flag, to protect it from becoming soiled or damaged. You ARE NOT required to
the flag when this happens. As long as the flag remains suitable for display, even if
washing or dry-cleaning (which is acceptable practice) is required, you may continu
display the flag as a symbol of our great country. (ref: Flag Code 8(b))
Q: What is the proper method for folding the flag?
A: The Flag Code does not require any specific method, however, there is a traditio
has developed over time. This method produces a triangular shaped form like that
three corner hat with only the blue union showing. There is a diagram available on _
the Flag that lists the steps involved.
http://www.legion.org/our_flag/oCfaCLflag.htm
4/16/03
Frequently Asked Questions about the Flag
Page 3 of 4
Q: Maya person, other than a veteran, have their casket drape
with the flag of the United States?
A: Yes, although this honor is usually reserved for veterans or highly regarded state
national figures, the Flag Code does not prohibit this use.
Q: What is the significance of the gold fringe which we see on
American flags?
A: Records indicate that fringe was first used on the flag as early as 1835. It was no
1895 it was officially added to the National flag for all regiments of the Army. For ci
use, fringe is not required as an integral part of the flag, nor can its use be said to
constitute an unauthorized addition to the design prescribed by statute. It is conside
fringe is used as an honorable enrichment only.
Q: What is meant by the flag's own right?
A: The "right" as the position of honor developed from the time when the "right han
the "weapon hand" or "point of danger." The right hand, raised without a weapon, w
sign of peace. The right hand, to any observer, is the observer's left. Therefore, as
the Flaa Code, the flag and/or blue field is displayed to the left of the observer, whi
the flag's "own right." (ref: Flaq Code 7(d),(i)
Q: Is it proper to fly the flag of the United States at night?
A: The Flag Code states it is the universal custom to display the flag only from sunr
sunset on buildings and on stationary flag staffs in the open. However, when a patri
effect is desired, the flag may be displayed twenty-four hours a day if properly ilium
during the hours of darkness. (ref: Flaq Code 6(a)) The American Legion interprets
illumination" as a light specifically placed to illuminate the flag (preferred) or having
source sufficient to illuminate the flag so it is recognizable as such by the casual ob
Q: What should be the position of the flag when displayed from
staff in a church, public auditorium or other public meeting pia
whether indoors or outdoors, on platform, or on the floor at gro
level?
A: When used on a speaker's platform, the flag, if displayed flat, should be displaye
above and behind the speaker. When displayed from a staff in a church, public aud
or meeting place, the flag should hold the position of superior prominence, in advan
the audience, and in the position of honor at the clergyman's or speaker's right as h
the audience. Prior to the F!aq Code changes in 1976, the display procedure was
somewhat different. Now the staffed flag should always be placed to the right of the
speaker (observer's left) without regard to a platform or floor level. (ref: FlaQ Code
http://www.1egion.orglour_flaglof_faCLflag.htm
4/16/03
Frequently Asked Questions about the Flag
Page 4 of 4
Q: What are the penalties for the physical desecration of the fl
A: There are currently no penalties for the physical desecration of the flag. The Am
Legion and other members of the Citizens Flag Alliance continue working towards s
a Constitutional amendment to protect the flag from physical desecration.
~~:~:i1~WfJ~:~~:~:g~:~~~:~~~~:~~:~~~:~~~~~:lAA~~:~:~tt:~:;~:~~:~~:~:~mf~~:~:m~i~j~IJM[~~~~:~:~:li:;:~w~mf-~
Copyright @ 2002 by The American Legirm - All Rights Reserved
Web Privacy Statement
j~WJJl~:~;~~:~:~iJ~;.@:~~:~~#;.w;;i.w;JJ~~:~:~:~:~__;W#gm._;
http://www.1egion.orglour_flagloCfa~flag.htm
4/16/03
--~...-
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: June 9, 2003
Requested By: Doug Kneupp~ 1_ /
Department: Planning ~
Source of Funds: N/ A
Account Number
Amount Budgeted:
Report:_ Resolution: -X- Ordinance: _
Amount Requested
Exhibits: Resolution
Budgeted Item: YES
NO
Summary and Recommendation
Harris County Flood Control District (HCFCD) in conjunction with a consulting engineer, Binkley &
Barfield, Inc. has prepared a preliminary report titled Hydraulic Analysis for Little Cedar Bayou
Watershed. The purpose of this report is to identifY flooding and storm water characteristics in this
watershed and recommend improvements. Of particular importance is analyzing Little Cedar Bayou at its
upstream end near Sens Road and identifYing improvements to decrease the water surface elevation in
that area. Lowering the water surface elevation and providing greater drainage capacity would be
beneficial for a future curb and gutter road project for Sens Road.
Improvements recommended in this report can be divided into two parts, 1) Linear Detention between SH
146 and Spencer Highway, and 2) Channel Improvements from Spencer Highway upstream to Sens Road.
The detention pond calls for the excavation of approximately 200,000 cubic yards of material and is
intended to be linear and follow the existing alignment of Little Cedar Bayou. Land acquisition for the
detention pond has been ongoing for several months and is nearing completion. The channel
improvements will be widening and deepening of the existing channel to provide greater flow rates
downstream into the detention pond.
The attached Resolution was prepared using the aforementioned engineering report and identifies
the area recommended for channel improvements (the detention area was included in a previous
resolution but not included here because of its near complete status). This Resolution will
provide the City with a tool to restrict development of property needed for future drainage
improvements.
Action Required bv Council:
Consider approval of a Resolution restricting the development of certain parcels of land intended
to be acquired by the City (or others) for drainage improvement purposes.
Approved for City Council A2enda
(/ -4-03
Date
IS'
RESOLUTION NO. 03- .
-L_- ,_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS,
PLACING A MORATORIUM ON THE ACCEPTANCE FOR FILING AND THE
ISSUANCE OF BUILDING PERMITS AND ALL OTHER DEVELOPMENT PERMITS
FOR NEW CONSTRUCTION IN THE AREA DESIGNATED FOR RIGHT-OF-WAY
ACQUISITION FOR HARRIS COUNTY FLOOD CONTROL F216-00-00 PROJECT
PHASE II; PROVIDING THAT SUCH MORATORIUM SHALL EXPIRE AFTER 180
DAYS OR DISPOSITION OF RIGHT-OF-WAY ACQUISITION PROCEEDINGS,
WHICHEVER COMES FIRST; PROVIDING FOR SPECIAL EXCEPTIONS IN THE
EVENT OF HARDSHIP; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The Harris County Flood Control District, through cooperation with the
City of La Porte, has determined the preliminary right-of-way proposed for the F216-00-00
Project Phase II, as more particularly shown on Exhibit "A", attached hereto and
incorporated by reference herein; and
WHEREAS, The Harris County Flood Control District has requested a moratorium
for the issuance of building permits within an area designated for proposed right-of-way
acquisition by the Harris County Flood Control District as shown on Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LA PORTE, TEXAS:
SECTION 1. The City Council of the City of La Porte finds and determines that the
premises hereof are true and correct.
SECTION 2. The City Council further finds and determines that it is in the best
interests of the public health, safety and general welfare of the citizens of the City to place
a moratorium on the acceptance for filing and consideration and the issuance of building
permits and all other development permits for all properties in the area within the F216-
000-00 Phase II right-of-way, as more particularly described on Exhibit "A", incorporated
by reference herein, for a period of 180 days from the date hereof, or until right-of- way
acquisition is completed by Harris County Flood Control District, whichever date occurs
first, and such moratorium is hereby imposed.
SECTION 3. This moratorium shall remain in effect for a period of 180 days or
until right-of-way acquisition is completed by Harris County Flood Control District,
whichever comes first.
SECTION 4. Any property owners subject to this moratorium may apply to the City
Council for an exception in the event that a hardship results from its application, and the
City Council is authorized to grant an exception when it finds that such hardship does
exist.
SECTION 5. The City Council officially finds, determines, recites and declares
that a sufficient written notice of the date, hour, place and subject of this meeting of the
City Council is posted at a place convenient to the public at the City Hall of the City for
the time required by law preceding this meeting, as required by the Chapter 551, Tx.
Gov't Code; and that this meeting has been open to the public as required by law at all
times during which this resolution and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
SECTION 6. This Resolution shall be effective from the date of its passage and
approval, and it is so ordered.
PASSED AND APPROVED this the CflJ-, day of qA~
,2003.
CITY OF LA PORTE
~~
2
ATTEST:
~IiiLI1Ad.
Mart Gillett,
City Secretary
3
LAND ACQUISITION
PHASE II
SHEET 1
:. 1
:;
F-216-00 FLOOD CONTROL
DEVELOPMENT
LEGEND
i
iJ :CENTER LINE OF F-216-00-00
\. r--l :60' OFFSET FROM CENTER UNE
'--.J
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... ......~~.
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LAND ACQUISITION
PHASE II
SHEET 2
F-216-00 FLOOD CONTROL
DEVELOPMENT - SHEET 3
LEGEND
=CENTER UNE Of f-216-(J(H)O
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: June 9, 2003
Requested By: Doug Kneuppe~ J A /
Department: Administration ~O
Source of Funds:
Account Number:
Amount Budgeted:
Report: _Resolution: .....K-Ordinance:_
Amount Requested:
Exhibits: Resolution with
Property Descriptions and Map
Budgeted Item: YES
.
Summary and Recommendation
The City and Harris County Flood Control District are working together on improvements to the
Little Cedar Bayou Watershed (F-216). According to an engineering study prepared by the
County's engineering consultant, additional property needs to be acquired to implement the
recommended drainage improvements.
This Resolution authorizes John Armstrong, Assistant City Attorney to represent the City in the
acquisition of the property described in the attached property descriptions. It further provides
that in the event the owners and the City cannot agree on fair market value of the property, the
Assistant City Attorney is authorized to initiate eminent domain proceedings to acquire the
properties. Council will be informed of any recommendation to initiate eminent domain
proceedings.
This Resolution and attached documentation will be filed for record at the Harris County
Courthouse. This information will be picked up by future land title searches and therefore will
alert potential buyers of these properties that the City intends to acquire these properties for this
project.
Action Required by Council:
Consider approval of a Resolution authorizing the acquisition of properties for drainage
improvements in the Little Cedar Bayou Watershed.
Approved for City Council A2enda
(p-4-03
Date
RESOLUTION NO. 2003-Jk.-
A RESOLUTION AUTHORIZING THE ACQUISITION OF TRACTS OF LAND FOR
DRAINAGE AND FLOOD CONTROL PURPOSES IN THE CITY OF LA PORTE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of La Porte has found and determined
that public necessity requires the acquisition of tracts of land for drainage and flood
control purposes on the hereinafter described real property in the City of La Porte,
Harris County, Texas; and
WHEREAS, the City Council of the City of La Porte has found and determined
that the tracts of land hereinafter described are suitable and needed for drainage and
flood control purposes, and that it is necessary to acquire same for drainage and flood
control purposes; and
WHEREAS, the City Council of the City of La Porte deems it advisable to
authorize, and does hereby authorize, John D. Armstrong, Assistant City Attorney of the
City of La Porte, or his designated representative, to represent the City of La Porte in
the acquisition of the hereinafter described property;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LA PORTE:
Section 1. That the said John D. Armstrong, as Assistant City Attorney for the
City of La Porte, or his designated representative, be and he is hereby authorized to
negotiate with the owners of the hereinafter described land, concerning the acquisition
by the City of La Porte, of the tract of land for drainage and flood control purposes,
located in Harris County, Texas, said tract of land being more particularly described as
follows, to-wit:
Lots 13 through 16, inclusive, in Block 24, of Town of La Porte, a
subdivision in Harris County, Texas, according to the map or plat thereof
recorded in Volume 57, Page 320, of the Deed Records of Harris County,
Texas;
Lots 1 through 8, inclusive, and Lots 25 through 32, inclusive, in Block
121, of Town of La Porte, a subdivision in Harris County, Texas, according
to the map or plat thereof recorded in Volume 58, Page 460, of the Deed
Records of Harris County, Texas;
Lots 9 through 16, inclusive, in Block 121, of Town of La Porte, a
subdivision in Harris County, Texas, according to the map or plat thereof
recorded in Volume 58, Page 460, of the Deed Records of Harris County,
Texas;
Lots 30 through 32, inclusive, in Block 145, and Lots 1 through 4,
inclusive, in Block 146, of Town of La Porte, a subdivision in Harris
County, Texas, according to the map or plat thereof recorded in Volume
57, Page 320, of the Deed Records of Harris County, Texas;
Lots 1 through 16, inclusive, and Lots 25 through 32, inclusive, in Block
755, of Town of La Porte, a subdivision in Harris County, Texas, according
to the map or plat thereof recorded in Volume 57, Page 320, of the Deed
Records of Harris County, Texas;
Lots 13 through 16, inclusive, in Block 756, of Town of La Porte, a
subdivision in Harris County, according to the map or plat thereof recorded
in Volume 57, Page 320, of the Deed Records of Harris County, Texas;
Lots 31 and 32, inclusive, in Block 793, of Town of La Porte, a subdivision
in Harris County, Texas, according to the map or plat thereof, recorded in
Volume 58, Page 460, of the Deed records of Harris County, Texas;
Lots 17 through 29, inclusive, in Block 793, Lots 17 through 32, inclusive, in
Block 828; and Lots 17 through 32, inclusive, in Block 829, of Town of La
Porte, a subdivision in Harris County, Texas, according to the map or plat
thereof, recorded in Volume 58, Page 460, of the Deed Records of Harris
County, Texas;
at the fair market value for same, and should said City Attorney, or his designated
representative, as the duly authorized representative of the City of La Porte, be unable
to agree with such owners as to the fair market value of such tract of land, then, and in
that event, said attorney be, and he is hereby authorized and directed to file against all
owners and lienholders, proceedings in eminent domain to acquire the above described
property, for drainage and flood control purposes.
2
Section 2. The City Council officially finds, determines, recites, and declares that
a sufficient written notice of the date, hour, place and subject of this meeting of the City
Council was posted at a place convenient to the public at the City Hall of the City for the
time required by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been open to the
public as required by law at all times during which this resolution and the subject matter
thereof has been discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the contents and posting
thereof.
Section 3. This Resolution shall be effective from and after its passage and
approval.
PASSED AND APPROVED this DU- day Of~y,J)
CITY OF LA PORTE
,2003.
By:
ATTEST:
Marth A. Gillett
City Secretary
3
<-: qwr
rr~ rr ...
<-
LAND ACQUISITION
PHASE I
- F-216-00 FLOOD CONTROL
DEVELOPMENT - SHEET 1
LEGEND
- =CENTER LINE OF F-216-00-o0
=PROPOSED R.O.W. F-216-00-00
~=CITY OWNED PROPERTY
~=H.C.F.C.D. DEEDED EASEMENT
. .,
I
i.
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: AUl!ust 12. 2002
Appropriation
Requested By: J. L. Sease
Source of Funds:
N/A
Department: Emerl!encv Services
Account Number:
Report: Resolution: ---K-Ordinance:
Amount Budgeted:
Exhibits: Resolution with Harris County
Amount Requested:
Exhibits:
Budgeted Item:
YES
NO
Exhibits:
SUMMARY & RECOMMENDATION
On Oct. 30,2000 the 106th Congress passed into law an amendment to the existing R. T. Stafford
Disaster Relief and Emergency Assistance Act. This act has a short title of "Disaster Mitigation
Act of 2000". This act sets out all of the new requirements in Predisaster Mitigation Planning
including what is required, who will participate in the planning, and when the plan must be
completed and approved. The completion date is Nov. 1, 2004 and if a local government does
not have a new plan approved by this date, they will not be eligible for federal disaster relief.
Multi-jurisdictional plans will be accepted, as long as each jurisdiction has participated in the
process and has officially adopted the plan. This type of plan is permitted when items such as a
watershed plan is involved.
We are recommending that the City of La Porte participate with Harris County and many of the
smaller cities within Harris County in submitting a multi-jurisdictional plan.
Action Required bv Council:
Approve a Resolution providing for the multi-jurisdictional development of a Comprehensive
Hazard Mitigation Plan with Harris County
to~I/J5
Date
RESOLUTION NO. ~ ()OJ > (7
A JOINT RESOLUTION OF THE COMMISSIONERS COURT OF HARRIS COUNTY,
TEXAS, AND THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS,
PROVIDING FOR THE ADOPTION OF AN INTERJURISDICTIONAL
COMPREHENSIVE ALL HAZARD MITIGATION PLAN
WHEREAS, the City of La Porte, pursuant to Resolution No. ~nD 1 /1 , and Harris County,
pursuant to that certain Order of the Commissioners court dated , 2003, have established
similar programs of a Comprehensive Hazard Mitigation which include plans for the mitigation,
preparedness, responses, and recovery phases of emergency management; and
WHEREAS, the City and County find that vulnerability to many potential hazards is shared by
the residents of the City of La Porte and the unincorporated portions of Harris county; and
WHEREAS, the City and the County further find that the common goal of developing an
Interjurisdictional Comprehensive All Hazard Mitigation Plan can best be achieved through an
organization which shares the combined resources of the City and the County; and
WHEREAS, the action contemplated by this Resolution is specifically authorized by the
aforementioned Ordinance and Court Order; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, AND THE
COMMISSIONER'S COURT OF HARRIS COUNTY, TEXAS:
Section 1. The Harris County Emergency Management Organization shall consist of the
officers and employees of the City and of the County as designated in an interjurisdictional emergency
management plan, together with such organized volunteer groups as that plan may specify.
Section 2. The Judge of Harris County and the Mayor of the City of La Porte shall agree on
the appointment of an project team to coordinate all aspects of the Harris County Comprehensive All
Hazard Mitigation Plan, including the review of the hazards and vulnerabilities for the City of La Porte
and Harris County in accordance with this Joint Resolution.
Section 3. The Judge of Harris County and the Mayor of the City of La Porte shall agree on
the appointment of an project team to coordinate all aspects of the Harris County Comprehensive All
Hazard Mitigation Plan, including the development of a mitigation strategy for the City of La Porte
and Harris County in accordance with this Joint Resolution.
9 A j1-iL
,2003.
1/:ST:
.~ d!//;/L ;t~!i(I
City Secretary
County Clerk
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: June 9. 2003
Requested By: DOU2 Kneupper ~
Department: Plannin2
Appropriation
Source of Funds:
N/A
Account Number:
N/A
Report: _Resolution: _Ordinance: ....K..-
Amount Budgeted:
N/A
Exhibits:
Ordinance
Special Conditional Use Permit SCUP#03-001
Public notice responses
Staff Report
Memo to the Planning and Zoning Commission
Aerial Map
Site Plan /layout
Amount Requested:
Budgeted Item:
N/A
N/A
SUMMARY & RECOMMENDATION
In January, the Council approved a rezone of 20 acres on Barbour's Cut Blvd from Business Industrial (BI) to Planned
Unit Development (PUD). The property owner, the Port of Houston Authority, seeks to construct a 14 lane Pre-Check
Terminal. The rezoning was Step #1 in a series of needed approvals that must occur prior to developing the facility. Step
#2 involves obtaining approval from the Planning and Zoning Commission and City Council for a Special Conditional
Use Permit (SCUP). As a part of Step #2, the Port discussed their construction plans at the Planning and Zoning
Commission's April 17, 2003 meeting.
Prior to the Commission's May 15th meeting and public hearing, twenty-three (23) public hearing notices were mailed to
property owners within 200' of the site. In addition, Staff obtained the Port's mailing list of properties within 500' ofthe
proposed facility. After accounting for duplicates, nine (9) additional notices were mailed. Staff received a total of seven
(7) responses: four (4) in favor of the SCUP, two (2) against and one (1) unsure. The responses are attached. After holding
the public hearing, the Commission, by a unanimous vote (5-0), approved the SCUP with modifications. The
Commission's report and recommendation was forwarded to Council on May 16th
This proposed facility was a workshop item on Council's May 19th agenda. During the workshop, the Port and their
consultant made a presentation explaining the need for the new facility, pollution issues, landscaping, utility issues and a
lighting plan.
Section 106-171 (6) of the Zoning ordinance requires the Council to act upon the Commission's report and
recommendation within 30 days from the date it was submitted. The Council may affirm the Commission's
recommendation or overrule the Commission by a % vote.
Action Required bv Council:
1. Conduct a public hearing on SCUP#03-00 1.
2. Take action on SCUP#03-001. ~ 4- / ~ / a j j Ld/...... A /
. wiU ~ ~ (J)~..uu:fJ1A'LW'-fO~ Lr-. {JWv,
Council A enda
~
& -1-~3
Date
"t,4 bL..GD
&-1. tJ3
ORDINANCE NO. 1501-.~ Z-
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: 20.769 ACRES ALONG
EAST BARBOUR'S CUT BOULEVARD, BEING LOTS 17-32 BLOCK 438, LOTS 1-32
BLOCK 439 AND ADJOINING ALLEY, LOTS 1-16 BLOCK 974, LOTS 1-32 OF BLOCKS 975
THRU 979, AND ADJOINING ALLEYS WITHIN THESE BLOCKS AND PORTIONS OF 10TH,
11TH, 12TH AVENUES, BROWNELL, NUGENT, HOLMES AND CARROLL STREETS, OUT OF
JOHNSON HUNTER SURVEY, ABSTRACT 35, LA PORTE, HARRIS COUNTY, TEXAS, FOR
THE PURPOSE OF DEVELOPING A TRUCK PRE-CHECK FACILITY IN A PLANNED UNIT
DEVELOPMENT (PUD) 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 15th day of May, 2003, 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 described parcels of land. There is attached to this Ordinance as Exhibit "A", and
incorporated by reference herein and made a part hereof for all purposes, a copy of Notice of
Public Hearing, which the City Council of the City of La Porte hereby finds was properly mailed
to all owners of all properties located within two hundred feet (200') of the properties under
consideration.
"Section 2. The publisher's affidavit of publication of notice of said hearing is attached
hereto as Exhibit "B", incorporated by reference herein and made a part hereof for all purposes.
"Section 3. Immediately following such public hearing on May 15, 2003, 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
ORDINANCE NO. 1501-l. V
Page 2
Commission, by letter dated May 16, 2003, a true copy of which letter is attached hereto as
Exhibit "C", incorporated by reference herein and made a part hereof for all purposes.
"Section 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 9th day of June, 2003, 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. 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:
20.769 acres along East Barbour's Cut Boulevard; being lots 17-32, block 438, lots 1-32
block 439 and adjoining alley, lots 1-16, block 974, lots 1-32 of blocks 975 thru 979, and adjoining
alleys within these blocks and portions of 10th, 11th, 12thAvenues, Brownell, Nugent, Holmes and
Carroll Streets, out of the Johnson Hunter Survey, Abstract-35, City of La Porte, Harris County,
Texas.
"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 NO. 1501- Z- 7-
Page 3
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
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 in effect from and after its passage and approval.
Passed and approved this the 9th day of June, 2003.
CITY OF LA PORTE
By:
NORMAN MALONE, Mayor
ATTEST:
By:
MARTHA GILLETT, City Secretary
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 Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 15th day
of May, 2003, in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas.
The purpose of this hearing is to consider Special Conditional Use Permit #SCU03-001, requested
for 20.769 acres along East Barbour's Cut Boulevard; being lots 17-32, block 438, block 439, lots
1-16, block 974, lots 1-32 of blocks 975 thru 979, and adjoining alleys within these blocks and
portions of 101h, ll1h, 121hAvenues, Brownell, Nugent, Holmes and Carroll Streets, out of the
Johnson Hunter League, Abstract-35, City of La Porte, Harris County, Texas. The applicant, Port
of Houston Authority, seeks to develop a Truck Pre-Check facility in the Planned Unit
Development (PUD) zoning district. In accordance with Section 106-216 of the Code of
Ordinances, a special conditional use permit is required for development in the PUD zoning district.
A regular meeting of the Planning and Zoning Commission will follow the public hearing. The
Commission will act upon the public hearing items and conduct other matters.
Citizens wishing to address the Commission pro or con during the public hearing are 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 the City Secretary's office at (281) 471-
5020 or TDD Line (281) 471-5030for further information.
I!XHlBtT A
~.!at...~L.......--__",-_..~...~
'!~"-:'-\-~~':'
- [th 8th Street
',Tex2577571
THE STATE OF TEXAS
1".... _' ..........
iCOUNTY OF HARRIS ....
i
I
JCITY OF LA PO[fi:...".
1 .
t
i NOTICE OF PUBLIC
l,n~~'~~le
' provisions- of SectlQn 106-'" '
171 of the Code of Ordi-
nances of the City. of La
Porte. and tt)eprovlsions
of the Texas Local Gov-
ernment CodEl. .'. notice' is
hereby given'. that. the .La
Porte Planning and Zoning
'. Commission will conduct ato
I public hearing at 8:00 P.M., -:
J on . 15th day of MaV,-liS
I ~003. in!t~I..,'counCil3
iw t i~ Fi ..' ,
iib Te s" '. . f- "". .
!pose of is art~. ~tO.3 underslgnea autnxl;Y, on thiS date
\ consider.S at. Qndl- " f. _ " .' . ,
; tionaI(U . ......f..p._'eared Karolyn Kel,an, c. dul) au,nonzea
l #SCU03-oo1.'r~uested of The Bayshore SUI, '" ssmi.\,','eek!y
~ for..20.769..,acres 'along. I' h d d . Ii d' 'j' d' ,
East Baro.our'li,pI!tBoule- JIIS e an genera 'i :S~(! u.e In tne
. vard;belng)ofS17-~2." Harrl"s Coun'" T="x;::- -,"'~1 \'/~'"
~ block 438.block 439. lots -, .lJ 1 ~ ..;, Ci 1-.' · I ,'-'
11-16 block 974. lots 1-32( sworn, swears the e.ttcched ,notice \'/as
i..'~.~.~.'~.n.:.U:$.'.}~'9 Bayshore Sun deted L"i 1]0/03
1 of10th.t1th, . 12th Ave-
Inues, B~o~ell, .,~ugent.
i Holmes '\ and} . Carroll
i. Streets. out of the Johnson
Hunter League, Abstract-
. 35. City of La Porte, Hams
County, Texas. The appli-
cant, Port of Houston Au-
thority, seeks to develop a
Truck Pre ~Check facility in
the Planned Unit Develop-
)f ..
BaysHDre
'Sen'ing The Bayshore Area Since 1947'
I
/
K2ro\'n Kellogg
f:.I~l xizeci Re,:xes9"tative
S'.':Oin 2nd subscribed bsfore me tl'S .:2 F -r"" day of );'Io.-<-J/
t' ~e //
/! :_....~{:<./_.. /6 . ! -::X.~ ^y"H::;'t'",-'vt.<..'-
,~' -~ ',:,,:>--
S~""'i:"2 E. Bij,ll;J:itnS-i"
'.1_10_.... C, ,'.-. r .'-"
11 _'.:-. J l l; ..) I..."
H? ..ti s (;C. ..!:-I ~ '/. T exE. S
2S1-471.1234
L:x: 281-471-5763
Sun
,2003
'I!XHJIIT B
City of La Porte
Established 1892
May 16,2003
Honorable Mayor Norman Malone and City Council
City of La Porte
Dear Mayor Malone:
The La Porte Planning and Zoning Commission, during a regular meeting on May 15,2003,
considered a Special Conditional Use Permit #SCU 03-001. The applicant, Port of Houston
Authority, seeks approval to allow a truck pre-check facility along E. Barbour's Cut Boulevard.
Earlier, the Commission heard their development proposal as a workshop item during the April
17,2003 meeting.
After careful consideration, the Planning and Zoning Commission has, by unanimous vote,
recommended that City Council consider approval of Special Conditional Use Permit #SCU 03-
001 with the following conditions in place:
1. Adhere to the terms provided in the Home Owner's Assurance Plan.
2. Ensure that at least 30 percent of the property consists oflandscaping and/or
screemng.
3. Provide detailed landscape and screening plans during site plan submittal. Allow
existing trees and shrubs to remain as natural buffer. Provide "in fill" plantings of
trees and shrubs.
4. Provide an irrigation system to ensure that all landscaping and screening is properly
maintained by the owner/developer.
5. Erect a sound wall constructed with a "rough" texture to decrease the likelihood of
graffiti and to increase the likelihood that vines/greenery will attach to the wall.
6. Adhere to the provisions and details shown in facilities lighting plan. Ensuring that
all illumination occurs on site and does not affect nearby residences.
7. Enhance the building fa~e that is architecturally and aesthetically pleasing. Design
must be approved by the Planning and Zoning Commission.
8. Prohibit the overnight parking oftrucks at the facility.
9. Hours of operation shall be no earlier than 7 am and later than 6 pm.
10. The applicant will pay the public hearing costs.
11. The Developer shall comply with all other applicable laws and ordinances of the City
of La Porte and the State of Texas.
Respectfully Submitt~
"'"c)4.W~uf;:;.,v
Betty T. Waters
Planning and Zoning Commission, Chairperson
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
IIOIStT C
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 9th day of June, 2003, in the
Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this
hearing is to consider Special Conditional Use Permit #SCU03-001, requested for 20.769 acres
along East Barbour's Cut Boulevard; being lots 17-32, block 438, block 439, lots 1-16, block 974,
lots 1-32 of blocks 975 thru 979, and adjoining alleys within these blocks and portions of 10th, 11th,
12thAvenues, Brownell, Nugent, Holmes and Carroll Streets, out of the Johnson Hunter League,
Abstract-35, City of La Porte, Harris County, Texas. The applicant, Port of Houston Authority,
seeks to develop a Truck Pre-Check facility in the Planned Unit Development (PUD) zoning
district. In accordance with Section 106-216 of the Code of Ordinances, a Special Conditional Use
Permit (SCUP) is required for development in the PUD zoning district.
A regular meeting of the City Council will follow the public hearing. The Council will act upon the
public hearing items and conduct other matters.
Citizens wishing to address the Council pro or con during the public hearing are 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 the City Secretary's office at (281) 471-
5020 or TDD Line (281) 471-5030 for further information.
!XHI8IT D
-=_-~-=" luth 8th Stre,:t
THE STATE OF TEXAS > te, Texas 77571
COUNTY OF HARRIS
CITY OF LA PORTE
t.",.~;~.:- _,:' .
2S1.~il.123-+
f2\: 2S1.~il.5i63
.)1
Baysl:(j)re Sun
'Sen-ing TIl€ Bayshore Area Since 1947'
" 'O'r'-fClfl1...u. Urn! .uevelop-
ment (PUD) zoning district. S
In accordance witn Section
106-216 oUtle Code of Or-
dinances, a Special Condi- e undersigned authority', on this de.te
tional Use Permit (SCUP)
is required for. develop- ::>eared Karolyn Keilon, Co duly authorized
ment in the PUDzoning f Th B h S . f r
district. 0 e e.ys ore IJl, 2. Seml-'.':eer\IY
>i< .. .... . Jblished and ge~er"diy dis~ributed in the
A'reg~larmeetingof the -te, Harris Count)', Texas 2nd \'iho
City,CounCi,' Wi'.' fO!low.the.1Iy s"/orn s"/c:>::>r- tn' ~ 2~.-,-'n=..J nO~I"~e \"as
publiC heanng. ThE:) Coun- ' " ~-;:, - ,lev ~'" . ~. -,.
,cif.wpla7tuporlthe public "he Bayshore Sun dated !)5/-2 $- It) 3
heanns. iterns,.andpo2duct ' I
Fother matters:,.; < / ;':
Th' . "'ty h .J' b'l' Js:ribed before me tl's I~,f ,H day of '7hCL-'--1-.
,s ,aC/il as Lilsa Il/ty C) ()
~'f:/%:u~~:~n~r :::;~~ . __.,~~~~_ ~. /~~n~_[~.."Ai~./'I/I"("~A...-'
j,>modations or interpretive....}
services at meetings S ? i :: - 2, E. 8.1.'7l;J? ~ n :; "
'should be. made 48 hours
prior. to.. ... the; meeting,
Please contact. the City
Secretary's office at
(281)471-5020 or.. TDD
Line (281)471-5030 for fur-
ther information.
,",<,", I;;;/'"C;-~[)'~:-~' ,-
"t:1 ~_:'i',;::'-i" .>.: C:,-'_'0
- Citizens' wishing to ad-
dress the Council pro or
: con du~ng the public hear-
. iog- are required to. sign in
. before. the meeting is con-
vened.
CITY OF LA PORTE
.' <-.:-:,_.- '....:.'.. -"..- ..,<.... >.,'
,--: ....... -.,....,..,..
. Martha Gillett
. .: City Secretary
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,2003
r t _. ~ .::" .' p,! f~1 !-
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Te:':23
')
t!XHIIT E
City of La Porte
Special Conditional Use Permit # SCU 03-001
This permit is issued to:
Port of Houston Authority
Owner or Agent
P.O.Box 2562 Houston. TX 77252
Address
For Development of:
Port of Houston Authority Pre-check truck facility
Development Name
East Barbour's Cut Blvd. La Porte. TX
Address
Legal Description:
20.7 acres of land being lots 17-32 of block 438. lots 1-32 block 439 and
adioining alley. lots 1-16 block 974. lots 1-32 of blocks 975 through 979 and
adioining alleys within these blocks and portions of 10th. 11th. and 1ih Aves..
Brownell. Nugent. Holmes and Carroll Streets. out of the Johnson Hunter
League. A-35 City of La Porte. Harris County. Texas.
Zoning:
Planned Unit Development (PUD)
Use:
Pre-check truck facility
Permit Conditions:
1. Adhere to the terms provided in the Home owner's Assurance plan.
2. Ensure that at least 30 percent of the property consists of landscaping and/or screening.
3. Provide detailed landscape and screening plans during site plan submittal. Allow existing trees and
shrubs to remain as natural buffer. Provide "in fill" plantings of trees and shrubs.
4. Provide an irrigation system to ensure that all landscaping and screening is properly maintained by the
owner/developer.
5. Erect a sound wall constructed with a "rough" texture to decrease the likelihood of graffiti and to
increase the likelihood that vines/greenery will attach to the wall.
6. Adhere to the provisions and details shown in facilities lighting plan. Ensuring that all illumination occurs
on site and does not affect nearby residences.
7. Enhance the building fayade so that is architecturally and aesthetically pleasing. Design must be
approved by the Planning and Zoning Commission.
8. Prohibit the overnight parking of trucks at the facility between 6 pm and 6 am.
9. Hours of operation shall be no earlier than 7 am and no later than 6 pm.
10. The applicant will pay the public hearing costs.
11. 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 12 months after issuance or as scheduled under the terms of a special
conditional use permit shall void the permit as approved, except upon an extension of time granted after
application to the Planning and Zoning Commission.
If construction is terminated after completion of any stage and there is ample evidence that further development
is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the
City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the
City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is
undeveloped.
Validation Date:
Director of Planning
City Secretary
fIJGIBtT'lF
A Meeting of the La Porte
RECEIVED
Phmning- and Zoning" Commission
(Type of Meeting)
MAY 1 5 2003
Scheduled for
PLANNING DEPT.
May 15, 2003
(Date of Meeting)
to Consider
Special Conditional Use Permit #SCU 03-001
(Type of Request)
~ .~
I have received notice of the above referenced public hearing.
I am in FAVOR of granting this request for the following reasons:
~~~~}li~
~/) 7. ~/..l IV u e-~ f'Il
f.) Address I
h-ft rp~rE: -rx. 71~7,
, City, State, Zip
Scheduled for
RECEIVED
MAY 1 2 2003
PLANNING DEPT
A Meeting of the La Porte
Phnning- and Zo~ Commission
(Type of Meeting)
May 15, 2003
(Date of Meeting)
to Consider
Special Conditional Use Permit #SCU 03-001
(Type of Request)
I have received notice of the above referenced public hearing,
I am in FAVOR of granting this request for the following reasons:
/)~ ", d. /J ',.7.1 .,~ ")', . '} .-#-/1.
L~~ .." ~ y ;f..At:.<<::../ ,L-c~ .J:::.<!~,'G?___ r~~#!:. (,<2~~.ck:._ ~
/,; / ,~ >' (J J
/!liL,~/"._t c9-r'.A:''7U ,L-/S / _}7 /JJ2iC 1"9/,- 0-0~.4-f'~
L-
!- f:s ;Z Y - 32 ,Me r }?/ - ~S~07-e.?-€-.
I am OPPOSED to granting this request for the following reasons:
1':/7 ~~ ~.</ ~,,~.;Z-L/ (/.~ ~.
LC4/' /~_.r-<.Le....-' ::t-L.-;? ~d4' u/-u!!e h--<..<.....e...-e-<..J
II cf '
, '1 / .. e-j ~-;7
&'[~ ~ - ,::,z"/i.--<-ttJ....-' tL-zeL. r~-, '~.?-~L U~..kZ..)
/ ."1 7 / . if
A-L2'. U'~J
//;;: ! E/1/ ;41. tuks-h;:: 11/
. Name (please print)
/;h I;~ )-I/7"} ~? . ---r-:-.. ;
,.. /'..r02-?(" //1 7:~<"/
Signature
/,?/~ 1 bEL-f4Sf
Address
.,-~' /~.-', ~ 7 7 r7/
City, State: Zip
A Meeting of the La Porte
Pbnning and Zon.ing Commission
(Type of Meeting)
Scheduled for
RECEIVED
to Consider
MAY 0 9 2003
PLANNING DEPT.
May 15, 2003
(Date of Meeting)
Special Conditional Use Permit #SCU 03-001
(Type of Request)
-
I have received notice of the above referenced public hearing,
I pn in FAVOR of granting this request for the following reasons:
, I
.-.0'..,.-/
Cl~(
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un
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.)
\ (~!.;.__. (I ,:(,~'i<
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,
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I am OPPOSED to granting this request for the following reasons:
j Ii ki j i/
I V ,J..' F "/, " -I ' I
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\ '
'I Name (please print) ,
:(..-:>1 ' " I i
" ! ii ~(t <k : >~(t k L~/\'-...".~._,_
,Aignature
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/\/
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" Address
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City, State, Zip
"T \ i'
f ,~
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""",,; I'
/ '
'7 /
Scheduled for
RECEIVED
MAY 0 7 ?nrn
PLANN
ING DEPr
A Meeting of the La Porte
Pl~ and Zoni.ng Commission
(Type of Meeting)
May 15, 2003
(Date of Meeting)
to Consider
Special Conditional Use Permit #SCU 03-001
(Type of Request)
--.
I have received notice of the above referenced public hearing.
I am in FAVOR of granting this request for the following reasons:
IT
,A1/~Y 6Y\/rM,J<:e:
Tl+-C: 1./4 Lv C
It--JJ i)
4fb
;N
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P.I.l.oPE /z..,....V
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I am OPPOSED to granting this request for the following reasons:
Ij,~ we ~ 11. 5/"1 , ri-{
t:'~~~~W
/; .
. Slgnature
(d-
/7
/.J tJ ,<
(9..)72
Address
/Iz; I.; S n tJ '7(-.
City, State, Zip
7 ? 2..L k:
r:. .'"
r" .,
n s Pt!v ;'<-,~ Tl E S
LTD.
A Meeting of the La Porte
RECEIVED
Pl~ and Zoning Commission
(Type of Meeting)
MAY 0 7 (oni
Scheduled for
PLANNING DEPT,
May 15, 2003
(Date of Meeting)
to Consider
Special Conditional Use Permit #SCU 03-001
(Type of Request)
I have received notice of the above referenced public hearing.
I am in FAVOR of granting this request for the following reasons:
2{Je
Me
..-?-7e<e-k .~-'<Kd--/~/~"(/#Lf r
..4'Cl'e .--L't'rzt~(..t?tI "e~/~ ~ ~~~ ~?-
I am OPPOSED to granting this request for the following reasons:
c. ;; i3 e. ,/ cj ~ r;. iJ 1"-~
Name (pllase print)
~ &~A~~/
~ature
1/1 j~/ Ii/' e c: j( C' .,....rd<:.J f.
,
Address
.ftd --;-1 c.~~. 71 :J .?~1
City, State, Zip
Scheduled for
RECEII/'
MAY ()
~,t003
PlANNI .
A Meeting of the La Porte
Pbnning and Zon.ing Commission
(Type of Meeting)
May 15, 2003
(Date of Meeting)
to Consider
Special Conditional Use Permit #SCU 03-001
(Type of Request)
-,
J......'Pl!!l
I have received notice of the above referenced public hearing,
~ FAVOR of granting this request for the following reasons:
V ~'l-UW /(( (I d~.fr"hn;"
I am OPPOSED to granting this request for the following reasons:
/llltatE8J /J)lIitiJe[ L-
Name (please print) J
~.fn~
Signatu~
~ !.j- 5', Ill: 4 eJ(/ I-- 5-1-_
cjJ 1ddress /
(7Y:(!~fZ 715'7/
City, State, ip
A Meeting of the La Porte
Pbnning and Zoning Commission
(Type of Meeting)
RECEIVED
MAY 0 5 2003
Scheduled for
May 15, 2003
(Date of Meeting)
PLANNING DEPT.
to Consider
Special Conditional Use Permit #SCU 03-001
(Type of Request)
--
I have received notice of the above referenced public hearing.
I am in FAVOR of granting this request for the following reasons:
I am OPPOSED to granting this request for the following reasons:
-rEI/!/;U6 D6~.J~ 7t'cES) VO/SE) EXI//lus/ FuNES)
Fu/yE5 Fl<o~f il-Sfflt1LT; P;<.oPEl?ry VItLUE) wlLf)L/F€y-
-:IF THE ~../T~.'6MAJT5 TJ-//)!<EQ.UGST; THEN CUT
dli Ift7C)c)(x/3- {'flECK AjJD t:?/J/c liE {;tJ 019Y5 10 /(01/&.'
3/()AJ. pRCJw~ELr:.. S'T
. /J Address
L.118ATS TY, 'If)5/!
City, State, Zip
-PS,
'1uU f)O/u'T 1-51;/E f~OU611 JOCYI!b.-f
n LL /1 Y Co ()/<lPLIJ I V I S
~
Staff Report
May 15, 2003
ReQuested by:
ReQuested for:
Location:
Present Zonin2:
ReQuested Use:
Back2round:
Port of Houston Authority
Special Conditional Use Permit #SCU 03-001
Port of Houston Authority
c/o Brenda K. McDonald, Real Estate Manager
represented by Kent Marsh, Knudson and Associates
20.7 acres of land being lots 17-32 of block 438; lots 1-32 block 439
and adjoining alley; lots 1-16 block 974; lots 1-32 of blocks 975, 976,
977, 978, thru 979; and adjoining alleys within these blocks and
portions of 10th, 11th, 12thAvenues, Brownell, Nugent, Holmes and
Carroll Streets, out of the Johnson Hunter League, Abstract-35, City of
La Porte, Harris County, Texas.
E. Barbour's Cut Boulevard (near the City of La Porte's city limits)
Planned Unit Development (PUD)
Entry Pre-check Facility
This site consists of 20.7 acres located on East Barbour's Cut
Boulevard. The city limits of La Porte lines run parallel to the property
line along Barbour's Cut Boulevard. The Port of Houston Authority's
container facilities are located on the north of the said property across
Barbour's Cut Boulevard. At the site in question, the Port of Houston
Authority is proposing a truck pre-check facility with a combined total
of 14 truck lanes. The facility would have two entry points and an exit
gate along Barbour's Cut Boulevard.
The Planning and Zoning Commission, during its December 19, 2002
meeting, held a public hearing to receive citizen comments regarding
rezone request by the Port of Houston Authority. The Commission
recommended to Council approval of this rezone from Business
Industrial (BI) to Planned Unit Development (PUD). City Council
approved your recommendation at their January 13,2003 meeting.
The purpose of the PUD zoning district is to provide for the
development as an integrated coordinated unit as opposed to traditional
parcel-by-parcel, piecemeal, sporadic, and unplanned approach to
development. The PUD zoning assigned to this tract is to a great extent
based on the large amount of undeveloped, unsubdivided acreage
located in this area. The PUD development requirements are an
effective means to ensure that development of this tract would be in
accordance with the sound planning guidelines.
Port of Houston Authority
5/15/03 P&z Meeting
Page 2 of 4
Analvsis:
The development in a PUD zoning district requires that an application
for a general plan or site plan shall be filed and processed
simultaneously with the Special Conditional Use Permit. Upon
approval of the plan and SCUP, the Port would be authorized to
submit a Major Development Site Plan.
In addition to performance standards, there are a number of development
standards that are specified by the Zoning Ordinance. These standards
are applicable to all P.UD. developments. Section 106-659 of the Code
of Ordinances establishes the following criteria for review of the
development projects within a P.UD. zoning district:
Land Use - The City's Comprehensive Plan shows this area
developing with industrial uses. The existing land uses of nearby
properties are primarily industrial (the Port Authority's main facility);
however, there are single-family residences south of the undeveloped
"E" Street right-of-way.
In general, high intensity uses should be adjacent to each other. When
higher uses abut residential uses buffering must occur to protect the
health, safety, and general welfare of neighborhoods. As a part of the
Port's site plan, they will incorporate a berm, landscaping, and a
masonry wall to protect the adjacent residential from the activities of the
proposed pre-check facility. In addition, the undeveloped wooded "E
Street" right-of-way will remain in tact.
Transportation - Being located along Barbour's Cut Boulevard, a
primary arterial road and major truck route, provides more than
adequate accessibility for circulation of truck traffic. There should be
very limited impact on traffic flow within the vicinity even after full
implementation of the proposed project.
The two private drives and truck parking areas will be designed and
constructed in conformance with City Standards. Since trucking
movement is the primary function of the facility, access management
and circulation should be the top priority while designing the project.
Driveways connecting directly onto the roadway should be minimized
to avoid traffic congestion and other delays caused by turning
movements for the eighteen-wheelers entering and exiting the facility.
In addition, the pre-check facility will lessen the amount of time trucks
spend idling on Barbour's Cut Blvd. This results in fewer NOx being
released in the air.
Port of Houston Authority
5/15/03 P&z Meeting
Page 3 of 4
Conclusion:
Topography - This area is relatively flat and stable and should not be
an obstacle to this type of development.
Utilities and Drainage - Public facilities and services are sufficient to
handle the supply of potable water and fire protection in the area. In
addition, provisions will have to be made to ensure that sufficient utility
extensions are made to serve this development. Storm water drainage
will require on-site detention to mitigate any adverse impacts associated
with this proposed development.
Landscaping / Screening - 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 zoned undeveloped area to the
southeast of the property across North "E" Street. An unimproved
ROW adjacent to this property can serve as a buffer between trucking
activities along Barbour's Cut Boulevard and residential area. In
addition, the proposed development will be screened from the
neighboring residential with a proposed landscape berm along south
property line. In addition, the Port is planning an integrated themed
landscape along Barbour's Cut Boulevard.
Based on the above analysis, staff recommends approval of the plan for
this 20.7 acres tract and the Special Conditional Use Permit with the
following conditions:
. Adhere to the terms provided in the Home owner's Assurance
plan.
. Ensure that at least 30 percent ofthe property consists of
landscaping and/or screening.
. Provide detailed landscape and screening plans during site plan
submittal. Allow existing trees and shrubs to remain as natural
buffer. Provide "in fill" plantings of trees and shrubs.
. Provide an irrigation system to ensure that all landscaping and
screening is properly maintained by the owner/developer.
. Erect a sound wall constructed with a "rough" texture to decrease
the likelihood of graffiti and to increase the likelihood that
vines/greenery will attach to the wall.
. Adhere to the provisions and details shown in facilities lighting
plan. Ensuring that all illumination occurs on site and does not
affect nearby residences.
. Enhance the building fa9ade so that is architecturally and
aesthetically pleasing. Design must be approved by the Planning
and Zoning Commission.
F!s%~~ls~!J1~92
Memo
cc:
Planning and Zoning Commissioners
Gwen Goodwin, City Planner CACC:(
.j
Doug Kneupper, Director of Planning
4/11/03
To:
From:
Date:
Rei:
Presentation of the Port of Houston Authority's proposed pre-check gate facility
Over the last two years, the Port of Houston Authority worked diligently with Staff and property owners
to develop a 14-lane Pre-check gate facility proposed on 20 acres on Barbour's Cut Blvd. During these
discussions, Staff and property owners developed a list of concerns regarding this development. These
concerns are as follows:
. Impact of noise & sound pollution generated by the development
. Lighting and illumination of near by residences.
. Increased hours of operation & truck traffic associated with the facility; and concerns about
increased truck activity.
. Devaluation of adjacent residential units and the expansion of the Port's property into the
neighborhood.
To provide the property owners with answers, the Port developed special studies involving noise levels,
pollution, property values, and landscaping. (Copies of the documents are available from Staff.)
At the Commission's April 17, 2003 meeting, the Port will present their findings regarding these issues.
In addition, the Port is interested in obtaining the Commission's input regarding landscaping, the sound
wall design and other matters about the project. This time will also provide the Commission with an
opportunity to ask questions about the proposed development.
604 W. Fairmont Parkway . La Porte, Texas 77571 . 281-471-5020
Port of Houston Authority
5/15/03 P&Z Meeting
Page 4 of 4
. Prohibit the overnight parking of trucks at the facility between 6
pm and 6 am.
. Hours of operation shall be no earlier than 7 am and no later than 6
pm.
. The applicant will pay the public hearing costs.
. The Developer shall comply with all other applicable laws and
ordinances of the City of La Porte and the State of Texas.
Options available to the Commission are:
. Recommend to Council approval of this SCUP with additional
conditions.
. Recommend to Council denial of this SCUP.
. Continue the public hearing at the Commission's next regular
meeting to allow additional testimony and further study of this item.
This results in tabling any action on this item.
~
LEGEND
= EXISTING ZONING
BOUNDARIES
= PROPOSED P.O.H. SITE
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:
Requested By:
Source of Funds: N/A
Account Number: N/A
Department: Plannin2
Report: _Resolution: _Ordinance: ...x..
AJoountBudgcted: N/A
AJoount Requested:
Exhibits:
1. Ordinance
2. Area Map
Budgeted Item: _YES -X...NO
SUMMARY & RECOMMENDATION
The City has received an application from the Port of Houston Authority to close the alley in Block 439,
Town of La Porte and the North Idaho Street Right-of-Way between Blocks 439 & 979, Town of La Porte.
The Port of Houston cites its desire to replat the area comprised of Lots 17-32 of Block 438, Blocks 439,
979,978,977,976,975 and Lots 1-16 of Block 974 as the reason for its request (see Exhibit 2).
In reviewing this request, Staff has determined that an existing 10" water line is located within the North
Idaho Street Right-Of-Way, for which a 10' Utility Easement shall be retained. Additionally, each of the
City's franchised utility companies (i.e. Centerpoint Energy, Southwestern Bell and Time Warner) have
submitted letters stating no objection to the proposed closings.
Per City ordinance, the Port of Houston Authority, being a governmental entity with the power of eminent
domain, is exempt from standard application and closing fees associated with the street and alley closing
process.
Recommendation:
Staff recommends vacating, abandoning, and closing the alley in Block 439, Town of La Porte and the
North Idaho Street Right-of-Way between Blocks 439 & 979, Town of La Porte. Additionally, Staff
recommends retaining a 10' Centerline Utility Easement for the existing 10" water line in the North Idaho
Street Right-Of-Way.
Action Reauired bv Council:
Consider approval of an ordinance to vacate, abandon and close the alley in Block 439, Town of La Porte
and the North Idaho Street Right-of-Way between Blocks 439 & 979, Town of La Porte, retaining a 10'
Centerline Utility Easement for the existing 10" water line in the North Idaho Street Right-Of-Way.
Approved for Citv Council A2enda
tI-{-o 3
Date
EXHIBIT 1
CLOSING ORDINANCE
ORDINANCE NO. 2003- 2/;85'
TJ4bL6D
. a 3.
(;. ,. 0
AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEY IN
BLOCK 439, TOWN OF LA PORTE AND A PORTION OF THE NORTH IDAHO
STREET RIGHT-OF-WAY, 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 owner of all of the property abutting the hereinafter described alley in Block 439,
Town of La Porte and a portion of the North Idaho Street Right-of-Way, Town of La
Porte, Harris County, Texas; to vacate, abandon, and permanently close the hereinafter
described alley in Block 439, Town of La Porte and a portion of the North Idaho Street
Right-of-Way, 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 439,
Town of La Porte and portion of the North Idaho Street Right-of-Way, 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 439, Town of La
Porte and portion of the North Idaho Street Right-of-Way, Town of La Porte, Harris
County, Texas, is for the protection ofthe public and for the public interest and benefit,
and that the hereinafter described alley in Block 439, Town of La Porte and portion of the
North Idaho Street Right-of-Way, Town of La Porte, Harris County, Texas, should be
vacated, abandoned, and permanently closed.
2
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 of Block 439, Town of La Porte, and a portion ofthe North
Idaho Street Right-of-Way, Town of La Porte, Harris County, Texas, is hereby
permanently vacated, abandoned, and closed by the City of La Porte, to wit:
The entire alley of Block 439, Town of La Porte, Harris County, Texas, containing
six thousand four hundred (6,400) square feet and that portion of the North Idaho
Street Right-of-Way situated between Block 439, Town of La Porte and JJlock 979,
Town of La Porte, Harris County, Texas, containing thirty-two thousand (32,000)
square feet as generally illustrated on Exhibit "A" attached hereto and made part of
herein.
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 ofthe 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. As a condition of vacating, abandoning, and closing the North Idaho
Street Right-Of-Way, the City hereby retains a 10' wide utility easement, said easement
to be a centerline easement based upon the centerline of an existing 10" water line,
running North to South, located in the N. Idaho Street Right-Of-Way.
3
If
PASSED AND APPROVED, THIS 9th DAY OF JUNE 2003.
CITY OF LA PORTE
By:
Norman L. Malone, Mayor
ATTEST:
Martha Gillett, City Secretary
APP~ 1i~
Knox W. Askins, City Attorney
CITY LIMns
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ORDINANCE
2003-
EXHIBIT 2
AREA MAP
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Reqnested: 3nne :.X ,/
Requested By: Dou2 Kneupp~
Department: Plannin2
Source of Funds:
N/A
Account Number:
N/A
Amount Budgeted: N/A
Report: _Resolution: _Ordinance:.-X...
Amount Requested:
Exhibits:
Budgeted Item: _YES ..LNO
1. Closing Ordinance
2. Area Map
3. Map of Sewer Facilities
SUMMARY & RECOMMENDATION
Mike and Barbara Sweeney have petitioned the City to vacate, abandon and close the West Polk Street Right-of-Way
between Blocks 696 and 709, Town of La Porte. The purpose of the Sweeney's request is to expand the existing
business site located at 2904 North 23m Street.
In reviewing the closing request, the Public Works Department has determined that no city utilities exist in the Right-
of-Way between these blocks. All franchised utility companies have received notification of the closing application
and have responded to the applicant's request. CenteIpOint Energy, Southwestern Bell and Time Warner
Communications have each provided letters of no objection to the closing.
Staff has investigated the future extensions of water and sewer lines to provide service to properties to the west of
subject tract. Under certain scenarios, closing this portion of West Polk will require an additional 250' of sewer line to
provide service. This 250' of sewer is estimated to cost approximately $5,000.
In accordance with Ordinance No. 98-2225, Staff has arranged for an independent appraisal to be conducted of the
Right-of-Way in question. As a result, the fair market value of the property has been assessed at $1.05 per square foot.
The City has received compensation in the amount of $12,568.50 for the right of way containing 15,960 square feet
(75% of Fair Market Value as per the ordinance).
Recommendation:
Staff recommends closing, vacating, and abandoning the West Polk Street Right-of-Way between Blocks 696 and 709,
Town of La Porte.
Action Required of Council:
Consider approval of ordinance to vacate, abandon, and close the West Polk Street Right-of-Way between Blocks 696
and 709, Town of La Porte.
Approved for City Council A2enda
o --l/-() 3
Date
EXHBIT #1
ORDINANCE
fRbLfD
ORDINANCE NO. 2003- J.....~ ~~
AN ORDINANCE VACATING, ABANDONING AND CLOSING THE WEST
POLK STREET RIGHT-OF-WAY, BETWEEN BLOCKS 696 AND 709, TOWN
OF LA PORTE, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
WHEREAS, the City Council ofthe City of La Porte has been requested by the
record owners of all ofthe property abutting the hereinafter described rights-of-way of
West Polk Street between Blocks 696 & 709, Town of La Porte, Harris County, Texas; to
vacate, abandon, and permanently close that portion of the West Polk Street right-of-way
between Blocks 696 & 709, 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 portion of West Polk
Street between Blocks 696 & 709, 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 portion of West Polk Street between Blocks 696 & 709,
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 portion of West Polk Street
between Blocks 696 & 709, Town of La Porte, Harris County, Texas, should be vacated,
abandoned, and permanently closed.
Ordinance No. 2003-
2
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 portion of the West Polk Street right-of-way between Blocks 696 &
709, Town of La Porte, Harris County, Texas, is hereby permanently vacated, abandoned,
and closed by the City of La Porte, to wit:
That portion of the West Polk Street Right-of-Way (60' wide) lying within and
situated between Blocks 696 & 709, Town of La Porte, Harris County, Texas, and
containing 15,960 square feet and as generally illustrated on Exhibit "A" attached
hereto and made part of herein.
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.
Ordinance No. 2003-
3
PASSED AND APPROVED, THIS 9th DAY OF JUNE, 2003.
CITY OF LA PORTE
By:
Norman L. Malone, Mayor
ATTEST:
Martha Gillett, City Secretary
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APPROVED:
Knox W. Askins, City Attorney
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AREA MAP
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MAP OF SEWER FACILITIES
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SERVICE FACILITIES
FOR SAC-2002-05 (SWEENEY)
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Reqnested: Jone ., 2J3
Requested By: DOU2 Kneupper~t{
Department: Plannin2
Source of Funds:
N/A
Account Number:
N/A
Amount Budgeted: N/A
Report: _Resolution: _Ordinance: l
Amount Requested:
Exhibits:
1. Ordinance
2. Area Map
Budgeted Item: _YES -X-NO
SUMMARY & RECOMMENDATION
The City has received an application from Puffer-Sweiven & Process Products, owners of Lots 1-4
and 9-32, Block 69, Town of La Porte, to vacate, abandon, and close the alley in Block 69.
The applicants have plans to expand their current operations by constructing a new facility within
their existing property. In order to comply with maximum lot coverage requirements, the
applicants seek to gain additional property by closing of the alley. In doing so, existing and
proposed site improvements will be within the 40% lot coverage requirement of General
Commercial (GC) zoning as defined in the Zoning Ordinance.
In reviewing the application, the City's Public Works Department has determined that City water
and sanitary sewer mains are located within the subject alley. Therefore, any consideration for
closing of the alley should be subject to retaining of an easement for City access to these facilities.
Each of the City's franchised utility companies has received notification of the closing application
and has provided their response. Centerpoint Energy, Southwestern Bell Corporation and Time
Warner Communications each have stated their consent to the closing subject to dedication of a
utility easement for their facilities within the alley.
A limited/restricted appraisal has been conducted to determine the fair market value of the subject
property. As a result, a value of $3.00 per square foot has been assessed. Per Sec. 62-35,
Paragraph (b), Item 1, the applicant will be required to compensate the City at 75% of the assessed
value.
Although, it is not the City's usual practice to submit a closing application without consent of all
adjacent property owners, It is Staff's position that this application has sufficient merit to be
presented to Council for consideration. Ms. Maxine Jones of 220 North 9th Street is an adjacent
owner to the alley in question. City Staff has corresponded and met personally with Ms. Jones to
inform her of the applicant's request and to determine her willingness to provide consent to the
closing. Ms. Jones has expressed her objection and does not wish to provide consent.
If this request is approved, the applicants have agreed to compensate the City for the entire alley
(6,400 sq. ft.) thus allowing Ms. Jones to procure an 8' x 100' (800 sq. ft.) portion of the alley
located adjacent to her rear property line (subject to the utility easement restrictions). Payment
from the applicants in the amount of $14,400 has subsequently been received and placed in the
City's Street & Alley Escrow account subject to final action by Council. This figure submitted by
the applicants is based on closing the entire 6,400 square feet of the alley at $2.25 per square foot
(75% of fair market value as defined in the City's ordinance).
Recommendation:
Staff recommends vacating, abandoning, and closing the alley in Block 69, Town of La Porte.
Staff additionally recommends that a public utility easement be retained as described in the
ordinance for the purpose of maintaining existing public facilities currently located within the
alley.
Action Reauired of Council:
Consider approval of an ordinance to vacate, abandon, and close the alley in Block 69, Town of La
Porte, said ordinance to retain a utility easement for existing public facilities.
Approved for City Council Agenda
!; -</ -03
Date
EXHIBIT 1
Ordinance
ORDINANCE NO. 2003- ~ (0 3~
AN ORDINANCE V ACA TING, ABANDONING AND CLOSING THE ALLEY IN
BLOCK 69, 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
owner of Lots 1 through 4 and 9 through 32, Block 69, Town of La Porte, Harris County, Texas,
to vacate, abandon, and permanently close the hereinafter described alley in Block 69, Town of
La Porte, Harris County, Texas, Town of La Porte, Harris County, Texas; and
WHEREAS, the City Council ofthe City of La Porte has determined and does hereby
find, determine, and declare that the hereinafter described alley in Block 69, 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 69, Town of La Porte, Harris
County, Texas, is for the protection ofthe public and for the public interest and benefit, and that
the hereinafter described alley in Block 69, 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 ofthe 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 69, Town of La Porte, Harris County, Texas, is hereby permanently
vacated, abandoned, and closed by the City of La Porte, to wit:
The entire alley in Block 69, Town of La Porte, Harris County, Texas. Said alley being
comprised of six thousand four hundred (6,400) square feet located within and situated
between Lots 1 through 16 and Lots, 17 through 32 of said block as generally illustrated
on Exhibit "A" attached hereto and made part of herein.
Ordinance No. 2003-
2
Section 2. The City Council officially finds, determines, recites, and declares that a
sufficient written notice ofthe date, hour, place, and subject of this meeting ofthe 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. The City of La Porte, for itself, its successors and assigns, and the public utilities
holding franchises from it, shall have the perpetual right, privilege and easement, with
appropriate rights of ingress and egress and reasonable working area for construction and
maintenance, to enter upon and construct, reconstruct, maintain, operate, inspect, replace, repair
and remove public utility facilities, together with all necessary improvements under and across
the entire six thousand four hundred (6,400) square feet of the alley in Block 69, Town of La
Porte, Harris County, Texas, located within and situated between Lots 1 through 16 and Lots, 17
through 32 of said block as generally illustrated on Exhibit "A" attached hereto and made part of
herein.
All paving plans and specifications shall be subject to the prior approval ofthe City of La
Porte, including, but not limited to the placement of construction joints in any paving. The City
of La Porte and its franchised public utilities shall not be obligated to restore or repair any such
paving necessitated by the exercise of such public utility rights and privileges. No permanent
improvements other than paving and landscaping shall be erected on said property.
Ordinance No. 2003- ~ (;j/l
3
PASSED AND APPROVED THIS 9th DAY OF JUNE, 2003.
ATTEST:
~aJt/).ull
Martha Gillett, City Secretary
APPRO~# JI
Knox W. Askins, City Attorney
By:
CITY OF LA PORTE
WEST ADAMS ST.
1251
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EXHIBIT
"A"
TO ORD. NO. 2003-
EXHIBIT 2
Area Map
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 6/9/03
Appropriation
Requested By: N MaJonp, Mayor
Source of Funds:
Department:
City CQUllcil
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits:
Ordinance
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
The Municipal Court Judge serves a three (3) year term concurrent with the Mayor. Since Mayor starts a new three
year term, the Municipal Court Judge must be reappointed for a new three (3) year term.
This item was brought to the May 12, 2003 City Council Meeting, however it was not acted upon.
The Municipal Judge will take his oath in the City Secretary's Office after reappointed.
Action Required bv Council:
Approve Ordinance appointing Municipal Court Judge for a three (3) year term.
Approved for City Council Aeenda
,
h -rf--o 3
Date
ORDINANCE NO. 2003- ~lt730
AN ORDINANCE RE-APPOINTING A JUDGE AND AN ALTERNATE JUDGE OF THE
CITY OF LA PORTE MUNICIPAL COURT, PROVIDING A SEVERABILITY CLAUSE,
CONTAINING A REPEALING CLAUSE, FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW, CONTAINING A REPEALING 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
re-appoints Louie A. Ditta as Judge of the Municipal Court, for a
term expiring May 31, 2006, or until his successor shall have been
duly appointed and qualified.
Section 2. The City Council of the City of La Porte hereby
re-appoints Denise C. Mitrano as Alternate Judge of the Municipal
Court, for a term expiring May 31, 2006, or until her successor
shall have been duly appointed and qualified.
Section 3. All of the above appointees shall serve at the
pleasure of City Council, and shall receive compensation as may be
fixed by 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. All ordinances or parts of ordinances in conflict
herewith are repealed to the extent of such conflict only.
Section 6.
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 7. All ordinances or parts of ordinances in conflict
herewith are repealed to the extent of such conflict only.
section 8. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 9th day of June, 2003.
~ OF LA PORTE _ ~
By: ~~~~~
orman L. Malone
Mayor
ATTEST:
~arIi1A~/1flL1j
Mar ha A. Gillett
city Secretary
,1
AP~ :/ I~
'~Zt,~~
Knox W. Askins
City Attorney
2
REQUEST FOR CITY
06/09/03
Agenda Date Requested:
Appropriation
Requested By:
Source of Funds:
N/A
Department:
Police
Account Number: N/A
Report:
Resolution:
Ordinance:
xx
Amount Budgeted: N/A
Exhibits:
Amount Requested: l'T I A.
Ordinance Amendment
Budgeted Item: YES
NO XX
Exhibits:
SUMMARY & RECOMMENDATION
On May 19, 2003 the Council held a Workshop in which an amendment to Chapter 70 adding a new Article VIII,
Public Parking Vehicles for Sale Prohibited was discussed in draft form. This amendment addresses the issue of
persons parking their vehicles for sale at locations not designed or designated for the sale of Motor Vehicles. The
amendment defines unauthorized locations as:
Unauthorized location means any area where a vehicle for sale is parked when that area does not have both a
zoning permit issued by the City of La Porte for the sale of vehicles, a copy of which has been filed with the
Chief of Police of the City of La Porte, and a license from the Texas Department of Transportation for the
sale of vehicles at that location.
This ordinance affects the owner of the vehicle and the property owner who allows a vehicle to be sold on their
property.
There were no recommended changes to the draft form as a result of the Workshop.
Action Required bv Council:
Approval of the Ordinance Amendment to Chapter 70 by adding Article VIII Public Parking of Vehicles for Sale
Prohibited
A
{p -cf -0 3
Date
PUBLIC NOTICE
ORDINANCE 2003-2638
AN ORDINANCE AMENDING CHAPTER 70 OF THE CODE OF ORDINANCES OF
THE CITY OF LA PORTE BY ADDING A NEW ARTICLE, BEING ARTICLE VIII,
PARKING OF VEHICLES FOR SALE IN UNAUTHORIZED LOCATIONS
PROHIBITED; PROVIDING FOR CERTAIN EXCEPTIONS; PROVIDING THAT
ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE
DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE
FINED IN A SUM NOT TO EXCEED FIVE HUNDRED DOLLARS ($ 500.00);
FINDING COMPLIANCE WITH THE OPEN MEETINGS ACT; AND PROVIDING
AN EFFECTIVE SATE HEREOF
CITY OF LA PORTE
s/Norman L. Malone, Mayor
ATTEST:
slMartha A. Gillett, City Secretary
APPROVED:
slKnox W. Askins, City Attorney
ORDINANCE NO. 20 0 3-lit. 3 ~
AN ORDINANCE AMENDING CHAPTER 70 OF THE CODE OF ORDINANCES OF THE
CITY OF LA PORTE BY ADDING A NEW ARTICLE, BEING ARTICLE VIII, PARKING
OF VEHICLES FOR SALE IN UNAUTHORIZED LOCA TIONS PROHIBITED;
PROVIDING FOR CERTAIN EXCEPTIONS; PROVIDING THAT ANY PERSON
VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A
MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO
EXCEED FIVE HUNDRED DOLLARS ($500.00); FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
AN EFFECTIVE DATE HEREOF.
WHEREAS, following a study, review, and discussion of problems posed by the
parking of vehicles for sale in unauthorized locations within the City, the Chief of Police
of the City of La Porte has recommended that the City regulate the parking of vehicles
for sale in unauthorized locations within the City; and
WHEREAS, the City Council has received the report and recommendation of the
Chief of Police; and
WHEREAS, based on the recommendation of the Chief of Police, and its own
study, review, and discussion, the City Council makes the following findings regarding
the parking of vehicles for sale in unauthorized locations within the City:
A vehicle for sale, when parked in an unauthorized location where it is visible from
a public place or public right-of-way:
1. Is detrimental to the safety and welfare of the general public,
2. Tends to attract attention of passers-by on roadways where slowing traffic
presents a hazard to motorists and pedestrians,
3. Leads drivers to enter onto premises where the vehicle for sale is parked
even when no legitimate paved access exists,
4. Invites customer inspection in unprotected settings where inspection may
be unsafe near moving traffic lanes,
5. Contributes to a proliferation of vehicles parked in areas not generally
designed for parking, such as vacant lots and other unpaved areas,
6. Entices further misuse of an unauthorized location, paved or unpaved, for
vehicle sales by other persons with vehicles for sale,
7. Produces deleterious effects on the exercise of lawful vehicle sales at
legitimate, authorized locations, and
8. Produces urban blight, which is adverse to the maintenance and continuing
development of the City.
ORDINANCE NO. 2003- JltJ31
PAGE 2
NOW, THEREFORE, 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 the preamble to this ordinance is true and correct in all aspects, and hereby
determines and declares that the public parking of vehicles for sale is a public nuisance.
SECTION 2. Chapter 70, Article I., Section 70-1 of the Code of Ordinances of the City of
La Porte, Texas is hereby amended by adding in correct alphabetical sequence the
following definitions:
"Unauthorized location means any area where a vehicle for sale is
parked when that area does not have both a zoning permit issued by the
City of La Porte for the sale of vehicles, a copy of which has been filed with
the Chief of Police of the City of La Porte, and a license from the Texas
Department of Transportation for the sale of vehicles at that location.
"Vehicle for sale means any motor vehicle, boat, trailer, jet ski,
recreational vehicle, camper or other vehicle (collectively called "vehicle"
or "vehicles") having displayed thereon any writing or signage indicating
such vehicle is for sale."
SECTION 3. Chapter 70 of the Code of Ordinances of the City of La Porte, Texas is
hereby amended by adding new Article VIII Public parking of vehicles for sale
prohibited, which shall hereafter read as follows, to-wit:
Article VIII. Public parking of vehicles for sale prohibited.
"Sec 70-300
Offense.
A person commits an offense when the person knowingly causes a vehicle
for sale to be parked in an unauthorized location or knowingly permits a
vehicle for sale to be parked in an unauthorized location within the City of La
Porte, by:
(1) actually parking the vehicle for sale at the unauthorized location, or
ORDINANCE NO. 2003- ~ & 3'1
PAGE 3
(2) having ownership, care, custody or control of the unauthorized
location where the vehicle for sale is parked.
In a prosecution under this section, it is presumed that the registered owner
of the vehicle for sale is the person who parked the vehicle for sale at the
time and place the offense occurred
Sec. 70-301 Exemptions
The provisions of this ordinance do not apply to a vehicle for sale parked in a
lawful manner in the course of its normal use as a means of transportation:
(1) Upon the premises of or immediately adjacent to a single-family
residence if the vehicle is registered to, owned or operated by the
owner or legal occupant of the single-family residence; or
(2) In a permitted parking space at a multi-family housing facility if the
vehicle is registered to, owned by or operated by the owner or legal
occupant of a unit in the multi-family housing facility; or
(3) In the parking area of a commercial establishment or place of
b!Jsiness when the driver is then and there employed and working or
is then and there transacting business at the establishment or
business.
Sec 70-302 Impoundment of vehicles by City permitted
Any vehicle found to be in violation of this section shall be deemed unlawful
and may immediately be removed to a state-approved licensed storage
facility."
SECTION 4. 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 Five Hundred Dollars ($500.00).
Each day a violation of this ordinance shall continue shall constitute a separate violation.
SECTION 5. If any section, sentence, phrase, clause, or any part of any section,
sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such
invalidity shall not affect the remaining portions of this Ordinance, it is hereby declared to
ORDINANCE NO. 2003- ~~38
PAGE 4
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 6. 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 7. This Ordinance shall become effective fourteen (14) days after its passage
and approval. The City Secretary shall give notice to the passage of the notice by causing
the caption to be published in the official newspaper of the City of La Porte at least twice
within ten (10) days after the passage of the Ordinance.
PASSED AND APPROVED THIS THE~ DAY OF JU n L
,2003.
CITY OF LA PORTE
By:~L
N RMAN ALON , Mayor
ORDINANCE NO. 2003-~
PAGE 5
ATTEST:
BY:~
M RTHA ILLETT,
City Secretary
APPROVED:
.ARMST
nt City Attorney
RE UEST FOR CITY COUNCIL AGENDA ITEM
Stephen L Barr
Appropriation
Agenda Date Requested:
Requested By:
of Funds:
N/A
Department:
Account Number:
Re ort:
Resolution:
Ordinance: X
Amount Budgeted:
Exhibits:
Ordinance No. 2003-
Amount Requested:
N/A
Exhibits:
Advance FondiD2 A2reement
Budgeted Item:
YES
NO X
Exhibits:
SUMMARY & RECOMMENDATION
In June 2002 the City submitted a proposal to the Texas Department of Transportation, Safe
Routes to School Program (TxDOT STEP) for a bicycle/pedestrian pathway along S. Broadway
(Business SH146 and SH Spur501) from Fairmont Parkway southward to Fairfield Street. In
March 2003 the City was awarded this project under the program. This Advance Funding
Agreement is the first step in pursuing this project for the City of La Porte.
The agreement provides the procedure for implementation of the scope of work. This project will
be designed and installed entirely by The TxDOT Houston District Office. Total cost of the
project is estimated to be $568,746. Federal funds will provide $454,997, with the matching
share of$113,749 to be paid by TxDOT. Under terms of the agreement, the City will pay any
costs over the projected budget in order to complete the project. Upon completion, the City will
be responsible for maintenance of the project for a period of at least 10 years.
Action Required bv Council:
Consider approval of an ordinance authorizing the City Manager to execute an Advance Funding
Agreement with the Texas Department of Transportation, Safe Routes to School Program for a
bicycle/pedestrian pathway along S. Broadway (Business SH146 and SH Spur501) from
Fairmont Parkway southward to Fairfield Street.
Aooroved for City Council A2enda
'a dL/
(; -~ ~() 3
Date
ORDINANCE NO. <<g- ~ (j 3q
AN ORDINANCE AUTHORIZING AND APPROVING AN ADVANCE FUNDING
AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE TEXAS DEPARTMENT
OF TRANSPORTATION FOR A SAFE ROUTES TO SCHOOL PROJECT AWARD,
PREPARATION AND CONSTRUCTION OF A BICYCLEIPEDESTRIAN PATHWAY ON
BUSINESS SH146 AND SH SPUR50l FROM FAIRMONT PARKWAY TO FAIRFIELD
STREET; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO mE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING
AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the contract, agreement, or
other undertaking described in the title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this reference. The City Manager is
hereby authorized to execute such document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of
the City to all such documents.
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.
PASSED AND APPROVED, this 9TII day of June 2003.
CITY OF LA PORTE
By:
~d~~
Norman L. Malone,
Mayor
ATTEST:
~(fj:/fllL/1L(;;1
Martha Gillett,
City Secretary
AP~o;;;:I~
Knox W. Askins,
City Attorney
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County: Harris
CSJ: OC;/2-71-P"7
Project No.: 0212025
Location: La Porte
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STATE OF TEXAS
COUNTY OF TRAVIS
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ADVANCE FUNDING-AGREEMENT.....----i
FOR A SAFE ROUTES TO SCHOOL PROJECT
This Advance Funding Agreement for a safe routes to school project (the
Agreement) is made by and between the State of Texas, acting by and through the
Texas Department of Transportation, hereinafter called the "State", and the City of La
Porte, acting by and through its duly authorized officials hereinafter called the "Local
Government. "
WITNESSETH
WHEREAS, the Local Government prepared and submitted to the State an application
for consideration under the Safe Routes to School Program for the project which is
briefly described as a Bicycle/Pedestrian Pathway on Business SH146 and SH
Spur501, from Fairmont Parkway south to Fairfield Street, hereinafter called the
Project; and
WHEREAS, the Intermodal Surface Transportation and Efficiency Act of 1991 (ISTEA)
and the Transportation Equity Act for the 21st Century (TEA-21) codified under Title 23
U.S.C. Section 101 et seq., authorize transportation programs to meet the challenges
of protecting and enhancing communities and the natural environment and advancing
the nation's economic growth and competitiveness; and
WHEREAS, ISTEA and TEA-21 establish federally funded programs for transportation
improvements, including safe routes to school programs, to implement its public
purposes; and
WHEREAS, Title 23 U.S.C. 9134 requires that Metropolitan Planning Organizations
and the States' Transportation Agencies to develop transportation plans and programs
for urbanized areas of the State; and
WHEREAS, the Texas Transportation Code, 9201.614 directs the State to establish the
Safe Routes to School Program to enhance safety in and around school areas through
AFA - Safe Rts2School
Page 1 of 13
a construction program designed to improve the bicycle and the pedestrian safety of
school age children; and
WHEREAS, federal and state laws require local governments to meet certain contract
standards relating to the management and administration of State and federal funds;
and
WHEREAS, the Texas Transportation Commission passed Minute Order 109162
awarding funding for projects in the 2002 Program Call, including the Project; and
WHEREAS, the rules and procedures for the selection and administration of the Safe
Routes to School Program are established in 43 Texas Administrative Code (TAC)
9925.500 et seq.; and
WHEREAS, the governing body of the Local Government has approved entering into
this Agreement by resolution or ordinance dated 9 June 2003, which is attached hereto
and made a part hereof as Attachment A;
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties hereto, to be by them respectively kept and performed as
hereinafter set forth, it is agreed as follows:
AGREEMENT
1. Period of the Agreement
This Agreement becomes effective when signed by the last party whose signing
makes the Agreement fully executed. This Agreement shall remain in effect until
terminated as provided in Article 2.
2. Termination of this Agreement
This agreement may be terminated by any of the following conditions:
. by mutual written consent and agreement of all parties.
. by any party with 90 days written notice.
. by either party, upon the failure of the other party to fulfill the obligations as set
forth in this Agreement. Any cost incurred due to such breach of contract shall be
paid by the breaching party.
A. The termination of this Agreement shall extinguish all rights, duties, obligations
and liabilities of the State under this Agreement. If the potential termination of
the Agreement is due to the failure of the Local Government to fulfill its
contractual obligations, the State will notify the Local Government that possible
breach of contract has occurred. The Local Government should make every
effort to remedy the breach within a period mutually agreed upon by both parties.
B. If the Local Government withdraws from the Project after this Agreement is
executed, it shall be responsible for all direct and indirect Project costs as
identified by the State's cost accounting system.
AF A - Safe Rts2School
Page 2 of 13
C. A Project may be eliminated from the program as outlined below. If the Project is
eliminated for any of these reasons, this Agreement will be appropriately
terminated. A Project may be eliminated from the program, and this Agreement
terminated, if:
i. The Local Government fails to satisfy any requirements of the program rules
cited as 43 TAC 925.500 et seq.
II. The implementation of the Project would involve significant deviation from the
activities as proposed in the application.
iii. The Local Government withdraws from participation in the Project.
iv. The State determines that federal funding may be lost due to the Project not
being
implemented and completed.
3. Amendments
This Agreement may be amended due to changes in the work or amount of funding
required to complete the Project or other material, required changes in the
responsibilities of the parties. Such amendment must be made through a mutually
agreed upon, written amendment that is executed by the parties.
4. Scope of Work
The scope of work for the Project, which is at the location shown in Attachment 8,
Project Location Map, as described in the application and as approved by the Texas
Transportation Commission, consists of preparation and construction of a bicycle
pedestrian pathway along the aforementioned state highway rights of way from
Fairmont Parkway on the northern end, to Fairmont Street on the southern end:
providing separation from vehicular traffic; constructing a separate bridge structure
at the Business SH146 crossing of Uttle Cedar Bayou.
5. Right of Way and Real Property Acquisition
Right-of-way and real property acquisition shall be the responsibility of the Local
Government. Title to right of way and other related real property must be acceptable
to the State before funds may be expended for the improvement of the right of way
or real property. If the Local Government is the owner of any part of the project site
under this Agreement, the Local Government shall permit the State or its authorized
representative access to occupy the site to perform all activities required to execute
the work.
All parties to this agreement will comply with and assume the costs for compliance
with all the requirements of Title II and Title III of the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601
et seq., including those provisions relating to incidental expenses incurred by the
property owners in conveying the real property to the Local Government, and
benefits applicable to the relocation of any displaced person as defined in 49 CFR
Section 24.2(g). Documentation to support such compliance must be maintained
and made available to the State and its representatives for review and inspection.
AF A - Safe Rts2School
Page 3 of 13
A. The Local Government shall assume all costs and perform necessary
requirements to provide any necessary evidence of title or right of use in the
name of the Local Government to the real property required for development of
the Project. The evidence of title or rights shall be acceptable to the State, and
be free and clear of all encroachments. The Local Government shall secure and
provide easements and any needed rights of entry over any other land needed
to develop the Project according to the approved Project plans. The Local
Government shall be responsible for securing any additional real property
required for completion of the Project.
B. In the event real property is donated to the Local Government after the date of
the State's authorization, the Local Government will provide all documentation to
the State regarding fair market value of the acquired property. The State will
review the Local Government's appraisal, determine the fair market value and
credit that amount towards the Local Government's financial share. The State
will not reimburse the Local Government for any real property acquired before
execution of this agreement and the State's issuance of a letter of funding
authority.
C. The Local Government shall prepare real property maps, property descriptions,
and other data as needed to properly describe the real property and submit them
to the State for approval prior to the Local Government acquiring the real
property. Tracings of the maps shall be retained by the Local Government for a
permanent record.
D. The Local Government agrees to make a determination of property values for
each real property parcel by methods acceptable to the State and to submit to
the State a tabulation of the values so determined, signed by the appropriate
Local Government representative. The tabulations shall list the parcel numbers,
ownership, acreage and recommended compensation. Compensation shall be
shown in the component parts of land acquired, itemization of improvements
acquired, damages (if any) and the amounts by which the total compensation will
be reduced if the owner retains improvements. This tabulation shall be
accompanied by an explanation to support the determined values, together with
a copy of information or reports used in calculating all determined values.
Expenses incurred by the Local Government in performing this work may be
eligible for reimbursement after the Local Government has received written
authorization by the State to proceed with determination of real property values.
The State will review the data submitted and may base its reimbursement for
parcel acquisitions on these values.
E. Condemnation shall not be used to acquire real property for this Project.
However, real property that was acquired prior to 1991 through eminent domain
and in accordance with applicable state and federal laws, may be used for
project purposes.
F. Reimbursement for real property costs will be made to the Local Government for
real property purchased in an amount not to exceed eighty percent (80%) of the
cost of the real property purchased in accordance with the terms and provisions
of this agreement. Reimbursement will be in an amount not to exceed eighty
AF A - Safe Rts2School
Page 4 of 13
percent (80%) of the State's predetermined value of each parcel, or the net cost
thereof, whichever is less. In addition, reimbursement will be made to the Local
Government for necessary payments to appraisers, expenses incurred in order
to assure good title, and costs associated with the relocation of displaced
persons and personal property as well as incidental expenses.
G. If the Project requires the use of real property to which the Local Government
will not hold title, a separate agreement between the owners of the real property
and the Local Government must be executed prior to execution of this
Agreement. The separate agreement must establish that the Project will be
dedicated for public use for a period of not less than 10 (ten) years after
completion. The separate agreement must define the responsibilities of the
parties as to the use of the real property and operation and maintenance of the
Project after completion. This agreement must be approved by the State prior to
its execution. A copy of the executed agreement shall be provided to the State.
6. Utilities
If the required right of way encroaches upon existing utilities and the proposed
project requires their adjustment, removal or relocation, the Local Government will
be responsible for determining the scope of utility work and notifying the appropriate
utility company to schedule adjustments.
The Local Government shall be responsible for the adjustment, removal or
relocation of utility facilities in accordance with applicable State laws, regulations,
rules, policies and procedures. This may include, but is not limited to: 43 TAC
915.55 relating to Construction Cost Participation; 43 TAC 921.21 relating to State
Participation in Relocation, Adjustment, and/or Removal of Utilities; and, 43 TAC
921.31 et seq. relating to Utility Accommodation. The Local Government will be
responsible for all costs associated with additional adjustment, removal, or
relocation during the construction of the project, unless this work is provided by the
owners of the utility facilities:
a. per agreement; or
b. per all applicable statutes or rules.
Prior to letting a construction contract for the Project, a utility certification must be
made available to the State upon request stating that all utilities needing to be
adjusted for completion of the construction activity have been adjusted.
7. Environmental Assessment and Mitigation
Development of the Project must comply with the National Environmental Policy Act
and the National Historic Preservation Act of 1966, which require environmental
clearance of federal-aid projects.
A. The Local Government is responsible for the identification and assessment of
any environmental problems associated with the development of the Project.
B. The Local Government is responsible for the cost of any environmental
problem's mitigation and remediation.
AFA - Safe Rts2School
Page 5 of 13
C. The Local Government is responsible for providing any public meetings or public
hearings required for development of the environmental assessment.
D. The Local Government shall provide the State with written certification from
appropriate regulatory agency(ies) that identified environmental problems have
been remediated.
These costs will not be reimbursed or credited towards the Local Government's
financial share of the Project unless specified in the application and approved by
the State.
Forty five (45) days prior to any construction contract let date, the Local
Government shall provide a certification to the State that all real property has been
acquired, all environmental problems have been remediated, and all conflicting
utilities have been adjusted.
8. Compliance with Texas Accessibility Standards and ADA
All parties to this agreement shall ensure that the plans for and the construction of
the project subject to this Agreement are in compliance with the Texas Accessibility
Standards (TAS) issued by the Texas Department of Licensing and Regulation,
under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS
establishes minimum accessibility requirements to be consistent with minimum
accessibility requirements of the Americans with Disabilities Act (P.L. 101-336)
(ADA).
9. Engineering Services.
Engineering services will be provided by the Texas Department of Transportation. In
procuring professional services, the parties to this agreement must comply with
federal requirements cited in 23 CFR Part 172 if the project is federally funded and
with Government Code 2254, Subchapter A, in all cases. Professional services
contracts for federally funded projects must conform to federal requirements.
A. The engineering plans shall be developed in accordance with the State's
applicable Standard Specifications for Construction and Maintenance of
Highways, Streets and Bridges. All roadway improvement designs for on-system
highways must comply with the latest version of TxDOT manuals, including but
not limited to, the Roadway Design Manual, the Pavement Design Manual, the
Hydraulic Design Manual, the Texas Manual on Uniform Traffic Control Devices,
and the latest versions of the Americans with Disabilities Act Accessibility
Guidelines (ADAAG) and the Texas Accessibility Standards (TAS). All roadway
improvement designs for off-system roads must comply with the minimum
standards of the latest version of AASHTO Policy on Geometric Design of the
Highways and Streets, the Texas Manual on Uniform Traffic Control Devices,
and the latest versions of the Americans with Disabilities Act Accessibility
Guidelines (ADAAG) and the Texas Accessibility Standards (TAS). All bicycle
path and bicycle lane designs must comply with the latest version of the
AASHTO Guide for the Development of Bicycle Facilities, the Texas Manual on
Uniform Traffic Control Devices, the Hydraulic Design Manual, and the latest
AF A - Safe Rts2School
Page 6 of 13
versions of the Americans with Disabilities Act Accessibility Guidelines (ADAAG)
and the Texas Accessibility Standards (TAS). For new shared bicycle lanes on
a signed, designated bicycle route, the minimum lane width must be 14 feet,
measured from the existing center stripe to the curb or shoulder, where
applicable. All contract procurement procedures and documents must adhere to
the applicable requirements established in the Standard Specifications for
Construction and Maintenance of Highways, Streets and Bridges. The use of
other systems of specifications shall be approved by the State in writing in
advance.
B. The Local Government shall submit any plans it has completed to the State for
review and approval. The Local Government may also submit the plans to the
State for review anytime prior to completion. The Local Government shall make
the necessary revisions determined by the State. The Local Government will not
let the construction contract until all required plans have received State
approval.
C. The Local Government shall submit to the State all documentation relating to
authorized costs incurred for providing engineering services. Reasonable,
allowable, and allocable costs incurred by the Local Government, after the Local
Government has obtained written authorization from the State to incur costs, will
be eligible for reimbursement at an amount not to exceed eighty percent (80%)
of the eligible authorized costs.
10. Construction Responsibilities
a. The Texas Department of Transportation shall advertise for construction bids,
issue bid proposals, receive and tabulate the bids and award and administer
the contract for construction of the Project. Administration of the contract
includes the responsibility for construction engineering and for issuance of any
change orders, supplemental agreements, amendments, or additional work
orders, which may become necessary subsequent to the award of the
construction contract. In order to ensure federal funding eligibility, projects
must be authorized by the State prior to advertising for construction.
b. All contract letting and award procedures must be approved by the State prior
to letting and award of the construction contract, whether the construction
contract is awarded by the State or by the Local Government.
c. All contract change order review and approval procedures must be approved
by the State prior to start of construction.
d. Upon completion of the Project, the party constructing the project will issue and
sign a "Notification of Completion" acknowledging the Project's construction
completion.
For federally funded contracts, the parties to this agreement will comply with federal
construction requirements cited in 23 CFR Part 635 and with requirements cited in
23 CFR Part 633, and shall include the latest version of Form "FHWA-1273" in the
contract bidding documents. If force account work will be performed, a finding of
cost effectiveness shall be made in compliance with 23 CFR Part 635, Subpart B.
AFA - Safe Rts2School
Page 7 of 13
Any field changes, supplemental agreements or revisions to the design plans that
may occur after the construction contract is awarded will be mutually agreed to by
the State and the Local Government prior to authorizing the contractor to perform
the work. Prior to completion of the Project, the party responsible for construction
will notify the other party to this Agreement of the anticipated completion date. All
parties will be afforded the opportunity to assist in the final review of the
construction services performed by the contractor.
11. Project Maintenance.
Upon completion of the Project, the Local Government will be responsible for
maintaining the completed facility for public use for a period of at least ten (10)
years. Any manufacturer warranties extended to the Local Government as a result
of the Project shall remain in the name of the Local Government. The State shall
not be responsible for honoring any warranties under this agreement.
12. Local Project Sources and Uses of Funds
A. Project Cost Estimate: A Project Cost Estimate and Payment Schedule is
provided in Attachment C, showing the total estimated development cost of the
Project. This estimate shows the itemized cost of real property, utilities,
environmental assessments and remediation, engineering activities,
construction, and any other substantial items of cost. To be eligible for
reimbursement, costs must have been included in the itemized budget section
of the application approved by the Texas Transportation Commission. Costs
may be shifted between work categories after receiving written approval from
the State.
B. A Source of Funds estimate is also provided in Attachment C. Attachment C
shows the percentage and absolute dollar amounts to be contributed to the
Project by federal and local sources.
C. The Local Government will be responsible for all non-federal participation
costs associated with the Project, including any overruns in excess of the
Project cost estimate and any operating or maintenance expenses. Donations
of real property, cash, materials, and services required for the development of
the Project may be eligible to count towards the local funding share of a project
as in-kind contributions as long as the donation is not from the Local
Government. In order to be considered as an eligible in-kind contribution,
donations must be made by public, non-profit, governmental or non-
governmental organizations. The value of the donated contributions of real
property, materials, or services will be based on fair market value. In-kind
donations of services are limited to preparation of plans, specifications and
estimates, and may account for no more than ten percent (10%) of the
allowable Project's cost. The remaining balance of the local contribution shall
be in cash, donated real property or materials. The Local Government may
also provide services or materials to reduce the overall cost of a Project, but it
will not be considered as an in-kind contribution.
AFA - Safe Rts2School
Page 8 of 13
D. The State will be responsible for securing the federal share of funding required
for the development and construction of the Project, in an amount not to
exceed eighty percent (80%) of the actual cost of the work up to the amount of
funds approved for the Project by the Texas Transportation Commission.
Federal funds will be reimbursed on a cost basis. Project costs incurred prior
to Project selection by the Texas Transportation Commission and approval by
the State to proceed are not eligible for reimbursement.
E. Sixty (60) days prior to the date set for receipt of the construction bids, the
Local Government shall remit its remaining financial share for the State's
estimated construction oversight and construction costs. The Local
Government must advance to the State at least twenty (20%) of the Project
construction and construction engineering costs. The amount to be advanced
for this Project is estimated to be $0.00, including cash and allowable
donations.
F. In the event the State determines that additional funding is required by the
Local Government at any time during the development of the Project, the State
will notify the Local Government in writing. The Local Government will make
payment to the State within thirty (30) days from receipt of the State's written
notification.
G. Upon completion of the Project, the State will perform an audit of the Project
costs. Any funds due to the Local Government, the State, or the Federal
Government will be promptly paid by the owing party.
H. In the event the Project is not completed, the State may seek reimbursement
from the Local Government of the expended federal funds. The Local
Government will remit the required funds to the State within sixty (60) days
from receipt of the State's notification.
I. The State will not pay interest on any funds provided by the Local Government.
J. The State will not execute the contract for the construction of the Project until
the required funding has been made available by the Local Government in
accordance with this Agreement.
K. If any existing or future local ordinances, including, but not limited to, outdoor
advertising billboards or storm water drainage facility requirements, are more
restrictive than State or Federal Regulations, or any other locally proposed
changes, including, but not limited to plats or replats, result in increased costs,
then, any increased costs associated with the ordinances or changes will be
paid by the Local Government. The cost of providing such right of way
acquired by the State shall mean the total expenses in acquiring the property
interests either through negotiations or eminent domain proceedings, including l'y
expenses related to relocation, removal, or adjustment of eligible utilities. J .\ i0,N \
L. f}H-,4-v~ ~te...{r t:>. - Sl/9f~ At..{ j)N~~'..s r~ V/ S,'dAl /5 trl-ff'lcJ, eO -.to +11<> A\ V . aU
13. Notices ~(,.R..e-e.#teAt"r A-ND,s /Hlf-O-e. 1I-'fJ4I2-T ~Fft,(!>/lf-R.<<JHbI(r. Ca:! rfX 1fb
All notices to either party by the other required under this agreement shall be :llr? I/JU
delivered personally or sent by certified or U.S. mail, postage prepaid or sent by I
electronic mail, (electronic notice being permitted to the extent permitted by law but
AF A - Safe Rts2School
Page 9 of 13
only after a separate written consent of the parties), addressed to such party at the
following addresses:
Local Government:
State:
Mr. Gary K. Trietsch, P.E.
District Engineer
Texas Department of Transportation
P. O. Box 1386
Houston, Texs 77251-1386 or
Mr. Stephen L. Barr, Director
Parks & Recreation Department
City of La Porte
1322 S. Broadway
La Porte, TX 77571
7721 Washington Avenue
Houston, Texas 77007
All notices shall be deemed given on the date so delivered or so deposited in the
mail, unless otherwise provided herein. Either party may change the above address
by sending written notice of the change to the other party. Either party may request
in writing that such notices shall delivered personally or by certified U.S. mail and
such request shall be honored and carried out by the other party.
14. Legal Construction
In case one or more of the provisions contained in this agreement shall for any
reason be held invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provisions and this agreement
shall be construed as if it did not contain the invalid, illegal or unenforceable
provision.
15. Responsibilities of the Parties
The State and the Local Government agree that neither party is an agent, servant,
or employee of the other party and each party agrees it is responsible for its
individual acts and deeds as well as the acts and deeds of its contractors,
employees, representatives, and agents.
16. Ownership of Documents
Upon completion or termination of this agreement, all documents prepared by the
State shall remain the property of the State. All data prepared under this
agreement shall be made available to the State without restriction or limitation on
their further use. All documents produced or approved or otherwise created by the
Local Government shall be transmitted to the State as required by the State. The
originals shall remain the property of the Local Government.
17. Document and Information Exchange
AFA - Safe Rts2School
Page 10 of 13
The Local Government agrees to electronically del iver to the State all general
notes, specifications, contract provision requirements and related documentation in
a Microsoft@ Word or similar document. If requested by the State, the Local
Government will use the State's document template. The Local Government shall
also provide a detailed construction time estimate including types of activities and
month in the format required by the State. This requirement applies whether the
Local Government creates the documents with its own forces or by hiring a
consultant or professional provider.
18. Compliance with Laws
The parties shall comply with all Federal, State, and Local laws, statutes,
ordinances, rules and regulations, and the orders and decrees of any courts or
administrative bodies or tribunals in any manner affecting the performance of this
agreement. When required, the Local Government shall furnish the State with
satisfactory proof of this compliance.
19. Sole Agreement
This Agreement constitutes the sole and only agreement between the parties and
supersedes any prior understandings or written or oral agreements respecting the
agreement's subject matter.
20. Cost Principles
In order to be reimbursed with federal funds, the parties shall comply with the Cost
Principles established in OMS Circular A-8? that specify that all reimbursed costs
are allowable, reasonable and allocable to the Project.
21. Procurement and Property Management Standards
The parties shall adhere to the procurement standards established in Title 49 CFR
~18.36 and with the property management standard established in Title 49 CFR
~18.32.
22. Inspection of Books and Records
The parties to this Agreement shall maintain all books, documents, papers,
accounting records and other documentation relating to costs incurred under this
Agreement and shall make such materials available to the State, the Local
Government, and, if federally funded, the Federal Highway Administration (FHWA),
and the U.S. Office of the Inspector General, or their duly authorized
representatives for review and inspection at its office during the contract period and
for four (4) years from the date of completion of work defined under this contract or
until any impending litigation, or claims are resolved.
Additionally, the State, the Local Government, and the FHWA and their duly
authorized representatives shall have access to all the governmental records that
are directly applicable to this Agreement for the purpose of making audits,
examinations, excerpts, and transcriptions.
AFA - Safe Rts2School
Page 11 of 13
23. Office of Management and Budget (OM B) Audit Requirements
The parties shall comply with the requirements of the Single Audit Act of 1984, P. L.
98-502, ensuring that the single audit report includes the coverage stipulated in
OMB Circular A-133.
24. Civil Rights Compliance
The Local Government shall comply with the regulations of the Department of
Transportation as they relate to nondiscrimination (49 CFR Chapter 21 and 23 CFR
9710.405(B)), and Executive Order 11246 titled "Equal Employment Opportunity,"
as amended by Executive Order 11375 and supplemented in the Department of
Labor Regulations (41 CFR Part 60).
25. Disadvantaged Business Enterprise Program Requirements
The parties shall comply with the Disadvantaged/Minority Business Enterprise
Program requirements established in 49 CFR Part 26.
26. Debarment Certifications
The parties are prohibited from making any award at any tier to any party that is
debarred or suspended or otherwise excluded from or ineligible for participation in
Federal Assistance Programs under Executive Order 12549, "Debarment and
Suspension." The parties to this contract shall require any party to a subcontract or
purchase order awarded under this contract to certify its eligibility to receive
Federal funds and, when requested by the State, to furnish a copy of the
certification in accordance with Title 49 CFR Part 29 (Debarment and Suspension).
27. Lobbying Certification
In executing this Agreement, the signatories certify to the best of his or her
knowledge and belief, that:
a. No federal appropriated funds have been paid or will be paid by or on behalf of
the parties to any person for influencing or attempting to influence an officer or
employee of any federal agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any federal
contract, grant, loan, or cooperative agreement.
b. If any funds other than federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with federal
contracts, grants, loans, or cooperative agreements, the signatory for the Local
Government shall complete and submit the federal Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
AFA - Safe Rts2School
Page 12 of 13
c. The parties shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and
that all subrecipients shall certify and disclose accordingly.
Submission of this certification is a prerequisite imposed by Title 31 U.S.C.
91352 for making or entering into this transaction. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
28. Signatory Warranty.
The signatories to this Agreement warrant that each has the authority to enter into
this Agreement on behalf of the party represented.
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be
executed in duplicate counterparts.
3 -i-Dt
dM
By:
Title: City Manager
Date: 9 June 2003
APP~OVED AS T~ FORMl.
-'V~lI'tV ~~'7~
THE STATE OF TEXAS
Executed for the Executive Director and
approved for the Texas Transportation
Commission for the purpose and effect of
activating and/or carrying out the orders,
established policies or work programs
heretofore approved and authorized by the
Texas Transportation Commission.
Knox W. Askins, City Attorney
By:
Date:
AF A - Safe Rts2School
Page 13 of 13
ATTACHMENT A
RESOLUTION/ORDINANCE OF LOCAL GOVERNMENT
Page 1 of 2
Attachment A
CITY OF LA PORTE
RESOLUTION~O, 02- .31
A RESOLUTION OF THE CITY OF LA PORTE APPROVING THE SUBMITTAL OF AN
APPLICATION TO THE TEXAS DEPARTMENT OF TRANSPORTATION SAFE ROUTES
TO SCHOOL PROGRAM FOR A PROJECT NOMINATION PROVIDED BY
TRANSPORTATION CODE ~201.614, ENACTED BY THE TEXAS LEGISLATURE.
WHEREAS, the City of La Porte, Texas desires to submit an application to the
Texas Department of Transportation Safe Route to School Program for provision of a safe
route to school along SH Business 146, from Fairmont Parkway to the end "of SH Spur
501, located primarily within the yorporate limits of the City of La Porte; and
- . .-- ~ .
WHEREAS, the Safe Routes to School Program is designed to improve the bicycle
and pedestrian safety of school age children; and
WHEREAS, the Program proposed will be beneficial to school children and residents of
the City of La Porte by reducing the potential for child injuries and fatalities; and
WHEREAS, the Program proposed would encourage walking and bicycling among
students; and
WHEREAS, the City desires to establish its commitment to pledge funding to assist
the Program in accordance with the Texas Safe Route to School Program guidelines as
delineated in the accompanying application, should the project be approved;
THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF LA PORTE
that the City Manager is authorized to execute all documents necessary for the submission of
the project designated and attached hereto.
PASSED AND APPROVED, this 28th day of October 2002.
ATTEST:
Lj}JalJ~~ I1ALuj
MartHa Gillett, City Secretary
4 OF LA PORTE
By: mt~~
Norman . Malone,
Mayor
APPRO~ED AS TO FO~M1
~U/ ~~~
Knox W" Askins, City Attorney
ORDINANCE NO. ~- ~ (j 31
AN ORDINANCE AUTHORIZING AND APPROVING AN ADVANCE FUNDING
AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE TEXAS DEPARTMENT
OF TRANSPORTATION FOR A SAFE ROUTES TO SCHOOL PROJECT AWARD,
PREPARATION AND CONSTRUCTION OF A BICYCLEIPEDESTRIAN PATHWAY ON
BUSINESS SH146 AND SH SPUR501 FROM FAIRMONT PARKWAY TO FAIRFIELD
STREET; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING
AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the contract, agreement, or
other undertaking described in the title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this reference. The City Manager is
hereby authorized to execute such document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of
the City to all such documents.
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 thereofhas been discussed, considered and formally acted upon. The City Council
further ratifies, approves, and confirms such written notice and the contents and posting thereof
Section 3. This Ordinance shall be effective from and after its passage and approval, and it is
so ordered.
PASSED AND APPROVED, this 91H day of June 2003.
CITY OF LA PORTE
By:
ATTEST:
~af/}/~./(!Lttl
Martha Gillett,
City Secretary
APP~~ AS TO FORM: j
-D&rJi pJ a~
Knox W. Askins,
City Attorney
ATTACHMENT B
PROJECT LOCATION MAP
Page 1 of 2
Attachment B
TxDOT Safe Routes
to Schools Proposed
project - City of La
Porte! La Porte
Independent School
District.
LEGEND
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ATTACHMENT C
PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS
ITEMIZED BUDGET
Quantity Unit Price Cost
P r. E.
re ImlOary nglOeenng:
Environmental -0-
PS&E -0-
I I
Total Preliminary Engineering Costs -0-
R" ht f W
Igl 0 ay:
Right of Way -0-
Utilities -0-
Total Right of Way Costs -0-
Construction:
Construction 472,440
Construction Engineering 56,362
Mobilization & Barricades, Signs, Traffic Handling 39,944
I I
Total Construction Costs 568,746
T otalltemized Budget $ 568.746
Total Itemized Budget
In-Kind Contributions (If applicable):
Real Property
Materials
Preliminary Engineering (limited to 10% of
Line 6, Total Value of Project)
Total In-Kind Contributions (Add lines 2 through 4)
Total Value of Project (Line 1 + Line 5)
Local Match:
20% of Total Value of Project (Line 6)
Less In-Kind Contributions (Line 5)
Local Match (Line 7 less Line 8) (by State)
Federal Funds Requested (Line 6 less Line 7)
cannot exceed 80% of Line 6 or $500,000,
whichever is less
Paqe 1 of 1
Attachment C
Attachment 0 - State Auditor's Provision
a/
J /1 ? jllll
.~6(r
3 ~+--D~
The state auditor may conduct an audit or investigation of any entity receiving
funds from the State directly under the contract or indirectly through a
subcontract under the contract. Acceptance of funds directly under the contract
or indirectly through a subcontract under this contract acts as acceptance of the
authority of the state auditor, under the direction of the legislative audit
committee, to conduct an audit or investigation in connection with those funds.
ATTACHMENT B
PROJECT LOCATION MAP
Page 1 of 2
Attachment 8
TxDOT Safe Routes
to Schools Proposed
Project - City of La
Porte/ La porte
Independent School
District.
LEGEND
!ill Portion of Rout<! to
. BllyshNe c<ementllfY
Portion of Rout<! to
La Porte 8e.me~tary f
~r. kl9. h & t..o Porte SF.
~chtK)~~
not incJ<..l:ded
Ol
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.......
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ATTACHMENT C
PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS
ITEMIZED BUDGET
Unit Price Cost
Preliminary Engineering:
I Environmental I -0-
-0-
PS&E
I I
Total Preliminary Engineering Costs -0-
-0-
-0-
Construction:
I Construction I
I Construction Engineering I
Mobilization & Barricades, Signs, Traffic Handling
I I
I ~
Total Construction Costs
472,440
56 362
44
1568,746
Total Itemized Budget $ 568,746
Total Itemized Budget
In-Kind Contributions (If applicable):
Real Property
Materials
Preliminary Engineering (limited to 10% of
Line 6, Total Value of Project)
Total In-Kind Contributions (Add lines 2 through 4)
Total Value of Project (Line 1 + Line 5)
Local Match:
20% of Total Value of Project (Line 6)
Less In-Kind Contributions (Line 5)
Local Match (Line 7 less Line 8) (by State)
Federal Funds Requested (Line 6 less Line 7)
cannot exceed 80% of Line 6 or $500,000,
whichever is less
PaQe 1 of 1
Attachment C