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HomeMy WebLinkAbout2003-06-09 Regular Meeting and Public Hearing . . - . MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING MEETING OF LA PORTE CITY COUNCIL JUNE 9, 2003 1. CALL TO ORDER The meeting was called to order by Mayor Norman Malone at 6:00 p.m. Members ofCitv Council Present: Barry Beasley, Peter Griffiths, Howard Ebow, Chuck Engelken, Bruce Meismer, James Warren, Charlie Young, Mike Mosteit and Norman Malone Members of Council Absent: None Members of City Executive Staff and City Employees Present: City Manager Debra Feazelle, Director of Emergency Services Joe Sease, Assistant City Attorney John Armstrong, Assistant City Manager John Joerns, City Secretary Martha Gillett, Director of Public Works Steve Gillett, Police Chief Richard Reff, Assistant Director of Finance Mike Dolby, Assistant City Secretary Sharon Harris, City Planner Gwen Goodwin, Administrative Assistant to City Manager Crystal Scott, Director of Planning Doug Kneupper, Director of Finance Cynthia Alexander, Assistant Director of Parks and Recreation James Eastep, Director of Administration Carol Buttler, Office Assistant Cindy Gates, Accounting Coordinator Lone Doughty, Financial Services Technician Paula Bradstreet and Purchasing Manager Susan Kelley Others Present: Betty Waters, Nick Barrera, Colleen Hicks, Leon Waters, "Houston Chronicle's This Week" Carol Christian, Spero Pomonis, Bill White, Sue Gale Mock Kooken, Guy Sutherland, LaDon White, Brenda McDonald, Barbara Loring, Dana Blume, Steve DeWolf, Roy Myers, Nick Rotter, Felilcia Bradstreet, Emma Bradstreet, Dave Klingman, Patty Hudson, Brooke Hudson, Travis Hudson, Ricky Moore, Alex Newton, Jimmy Gannon, Donna Newtre, William Newtre, P.O. Berrier, Doug Bryant, J.Kent Marsh, Ricky Torres, Robert Hagan, Randy Rister, Mike Prasek and John Wycaff 2. Reverend David Morgan of First Baptist Church delivered the invocation. 3. Mayor Malone led the Pledge of Allegiance. 4. Council considered approving the minutes of the Regular Meeting held on May 12,2003 and minutes of Special Called Workshop Meeting held May 19, 2003 of the La Porte City Council. Motion was made by Councilmember Warren to approve the minutes of the Regular Meeting held May 12.2003 and SDecial Called Workshop Meeting held May 19. 2003. Second by Councilmember Engelken. The motion carried. Ayes: Mosteit, Beasley, Engelken, Ebow, Meismer, Warren, Young, Griffiths and Malone Nays: None Abstain: None 5. PRESENTATIONSIPROCLAMATIONS A. Mayor Malone presented Paula Bradstreet with an award for "Employee of the First Quarter" . City Council Meeting -Ie 9, 2003 Page 2 e B. Mayor Malone presented Coach Ricky Torres, Assistant Coach Michael Hicks and the La Porte High School Varsity Baseball Team with a proclamation honoring the "La Porte High School Varsity Baseball Team". C. Mayor Malone presented Coach Rick Moore, Assistant Coach Jimmy Gammon and the La Porte High School Girls Softball Team with a proclamation honoring the "La Porte High School Girls Softball Team Day". D. Mayor Malone presented a proclamation for "National Small Cities and Towns Day" to Mayor Pro Tern Councilmember Peter Griffiths. 6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAXPAYERS WISIDNG TO ADDRESS CITY COUNCIL Dave Klingman of3810 Pecan Circle spoke in favor of the proposed Ordinance 2003-2638 adding Article vm Public Parking of Vehicles for Sale Prohibited. Mr. Klingman supports Council, and applauds and thanks them their efforts. 7. Council to consider approval or other action of 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. City Manager Debra Feazelle presented summary and recommendation and answered Council's questions. Assistant City Attorney read: RESOLUTION 2003-14 - A RESOLUTION OFFICIALLY REAFFIRMING THAT THE CITY OF LA PORTE WILL FLYTHE 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. Motion was made bv Councilmember Beaslev to aoorove Resolution 2003-14 as oresented bv Ms. Feazelle. Second by Councilmember Meismer. The motion carried. Ayes: Mosteit, Griffiths, Young, Engelken, Beasley, Warren, Meismer, Ebow and Malone Nays: None Abstain: None 8. Council to consider approval of a Resolution restricting the development of certain parcels ofland intended to be acquired by the City (or others) for drainage improvement purposes. Director of Planning Doug Kneupper presented summary and recommendation and answered Council's questions. Assistant City Attorney read: RESOLUTION 2003-15 - 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- City Council Meeting -Ie 9, 2003 Page 3 e 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. Motion was made by Councilmember Emzelken to approve Resolution 2003-15 as presented bv Mr. Kneuooer. Second by Councilmember Mosteit. The motion carried. Ayes: Mosteit, Griffiths, Young, Engelken, Beasley, Warren, Meismer, Ebow and Malone Nays: None Abstain: None 9. Council to consider approval of a Resolution authorizing the acquisition of properties for drainage improvements in the Little Cedar Bayou Watershed. Director of Planning Doug Kneupper read the summary and recommendation and answered Council's questions. Assistant City Attorney read: RESOLUTION 2003-16 - 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. Motion was made by Councilmember Meismer to approve Resolution 2003-16 as presented bv Mr. Kneupper. Second by Councilmember Griffiths. The motion carried Ayes: Mosteit, Griffiths, Young, Engelken, Beasley, Warren, Meismer, Ebow and Malone Nays: None Abstain: None 10. Council to consider approval of a Resolution providing for the multi-jurisdictional development of a Comprehensive Hazard Mitigation Plan with Harris County. Director of Emergency Services Joe Sease presented summary and recommendations and answered Council's questions. Assistant City Attorney read: RESOLUTION 2003-17 - 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. Motion was made bv Councilmember Youne: to aoorove Resolution 2003-17 as presented bv Mr. Sease. Second by Councilmember Ebow. The motion carried. Ayes: Mosteit, Griffiths, Young, Engelken, Beasley, Warren, Meismer, Ebow and Malone Nays: None Abstain: None 11. Open Public Hearing - Mayor Norman Malone opened the Public Hearing at 6:30 p.m. City Council Meeting -Ie 9, 2003 Page 4 e Review by Staff - Director of Planning presented summary and recommendation and answered questions regarding amending the Zoning Ordinance by granting a Special Conditional Use Permit (SCU) for the purpose of developing a truck pre-check facility in a Planned Unit Development Zone (PUD). Public Input Kent Marsh of Knudson and Associates, Houston, Texas, spoke in favor of amending the ordinance for the purpose of developing a truck pre-check facility. Brandon of 10203 Carlow, La Porte, Texas, disagrees with having the Port facility; he feels this will contribute more pollution. Real Estate Agent for the Port of Houston, Brenda McDonald, stated the Port will jointly agree with homeowners on the price of the property, and will sign a 5-year agreement. Councilmember Beasley commented on the agreement with the Port for homeowners having to opt in at the beginning; Council's concern is that homeowners will not have the opportunity at a later date. Councilmembers expressed their concerns and would like to have the opportunity to confirm homeowner's protection. Councilmember Warren noted his concerns and would like further clarification from the Port. Spero Pomonis is concerned with the 5-year agreement; there should not be additional appraisals once the c'ontract have been signed. The public hearing was closed at 7:20 p.m. 12. Council to consider approval or other action regarding an ordinance amending the code of ordinances of the City of La Porte, Chapter 106. Director of Planning Doug Kneupper presented summary and recommendations and answered Council's questions. Assistant City Attorney read: ORDINANCE 1501-ZZ - 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. Motion was made bv Councilmember Beaslev to table this item until Mondav. June 23. 2003. Ordinance 1501-ZZ as Dresented bv Mr. Kneup.per. Second by Councilmember Griffiths. The motion carried. City Council Meeting -Ie 9, 2003 Page 5 e Ayes: Mosteit, Griffiths, Young, Engelken, Beasley, Warren, Meismer, Ebow and Malone Nays: None Abstain: None 13. Council to 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. Additionally, Staff recommends retaining a 10' Centerline Utility Easement for the existing 10" water line in the North Idaho Street Right-of-Way. Director of Planning Doug Kneupper presented the summary and recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCE 2003-2635 - 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. . Motion was made bv Councilmember Beaslev to table this item until Monday. June 23. 2003. Ordinance 2003-2635 until June 23. 2003 as oresented by Mr. Kneupper. Second by Councilmember. The motion carried. Ayes: Mosteit, Griffiths, Young, Engelken, Beasley, Warren, Meismer, Ebow and Malone Nays: None Abstain: None 14. Item was pulled by the City Manager and will be brought back at a future meeting. 15. Council to consider approval or other action regarding an ordinance vacation, abandoning and closing the alley in Block 69, Town of La Porte, Harris County, Texas Director of Planning, Doug Kneupper, read summary and recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCE 2003-2637 - AN ORDINANCE VACATING, 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. Motion was made by Councilmember Meismer to aoorove Ordinance 2003-2636 as oresented bv Mr. Kneupoer. Second by Councilmember Griffiths. The motion carried. Ayes: Mosteit, Griffiths, Engelken, Beasley, Meismer and Malone Nays: Ebow, Young Abstain: Warren 16. Council to consider approval of an ordinance appointing a Municipal Court Judge for a three (3) year term. Mayor Norman Malone read summary and recommendation and answered Council's questions. City Council Meeting -Ie 9, 2003 Page 6 e Assistant City Attorney read: ORDINANCE 2003-2630 - 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. Motion was made by Councilmember Emzelken to aooroye Ordinance 2003-2630 as oresented by Mayor Malone. Second by Councilmember Young. The motion carried. Ayes: Mosteit, Griffiths, Young, Engelken, Beasley, Warren, Meismer, Ebow and Malone Nays: None Abstain: None 17. Council to consider approving an ordinance amendment to Chapter 70 by adding Article vm Public Parking of Vehicles for Sale Prohibited. Police Chief Richard Reffread summary and recommendation and answered Council's questions. Assistant City Attorney read: 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 VllI, 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 LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Beasley to aoorove Ordinance 2003-2638 as oresented by Chief Reff. Second by Councilmember Ebow. The motion carried. Ayes: Mosteit, Griffiths, Young, Engelken, Beasley, Warren, Meismer, Ebow and Malone Nays: None Abstain: None 18. Council considered approving 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 SH 146 and SH Spur 501) from Fairmont Parkway southward to Fairfield Street. Director of Parks and Recreation, Stephen Barr, read the summary and recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCE 2003-2639 - 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 P ATHW A Y City Council Meeting -Ie 9, 2003 Page 7 e ON BUSINESS SH 146 AND SH SPUR 501 FROM F AIRMONT PARKWAY TO FAIRFIELD STREET; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTNE DATE HEREOF. Motion was made by Councilmember Griffiths to approve Ordinance 2003-2639 as presented by Mr. Barr. Second by Councilmember Meismer. The motion carried. Ayes: Mosteit, Griffiths, Young, Engelken, Beasley, Warren, Meismer, Ebow and Malone Nays: None Abstain: None 19. Council to consider approval of the purchase of Lot 73, Block 4, Spenwick Place, Section 4 using Park Zone #1 funds for a new park in Park Zone 1. Director of Parks and Recreation Stephen Barr read summary and recommendation and answered Council's questions. Motion was made by Councilmember Warren to aoprove the purchase of Lot 73. Block 4. Spenwick Place. Section 4 using Park Zone #1 funds for a new Park Zone 1 - as oresented by Mr. Barr. Second by Councilmember Ebow. The motion carried. Ayes: Mosteit, Griffiths, Young, Engelken, Beasley, Warren, Meismer, Ebow and Malone Nays: None Abstain: None 20. Council to consider approval of a design change incorporating the San Jacinto Monument components into the entrance sign design for La Porte, and consider the possibility of inclusion of a 5th entrance sign for La Porte. Director of Parks and Recreation Stephen Barr read summary and recommendation and answered Council's questions. Motion was made bv Councilmember Mosteit to ap'prove the design change incOl:porating the San Jacinto Monument components into the Entrance Sign design for La Porte. and consider the possibility of inclusion ofa 5th entrance sign for La Porte as oresented by Mr. Barr. Second by Councilmember Ebow. The motion carried. 21. Councilmembers Engelken, Griffiths and Mosteit gave a report on the review of the Final Environmental Impact Study. 22. Consent Agenda A. Consider consent to award bid for the replacement of the grit separator unit to mv Equipment. B. Consider consent to award bid for the purchase of 160,000 plastic garbage bags to Resourceful Bag and Tag, Inc. C. Consider consent to award bid for the purchase of a landscape development project for City Hall to CJ's Yardworks, Inc. City Council Meeting -Ie 9, 2003 Page 8 e 23. ADMINISTRATIVE REPORTS City Manager reminded Council of the HGAC Meeting on Thursday, June 26, and to send a letter on the gun bill. 24. COUNCIL COMMENTS Beasley, Ebow, Engelken, Griffiths, Malone, Meismer, Mosteit, Warren and Young had comments. 25. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, 551.086, TEXAS GOVERNMENT CODE, (CONSULTATION WITH ATTORNEY, DELmERATION 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, DELmERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS). Council retired into Executive Session at 8:42 p.m. Council reconvened the Council Meeting at 8:45 p.m. 26. CONSIDERATIONS AND POSSmLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION There was no action taken during Executive Session. 27. There being no further business to come before Council, the Regular Meeting and Public Hearing Meeting were duly adjourned at 8:46 p.m. Respectfully submitted, ~aAiuJ vd1 Martha Gillett r ' City Secretary Passed and approved on this 23rd day of June 2003. ~~~ . e MINUTES OF THE SPECIAL CALLED WORKSHOP MEETING OF LA PORTE CITY COUNCIL JUNE 16, 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, Barry Beasley, Howard Ebow, Chuck Engelken, Bruce Meismer, James Warren, Charlie Young, Mike Mosteit and Norman Malone Members of Council Absent: None Members of City Executive Staff and City Employees 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, Director of Finance Cynthia Alexander, Assistant Police Chief Aaron Corrales, Director of Parks and Recreation Stephen Barr, Assistant Director of Finance Mike Dolby, Assistant City Secretary Sharon Harris, Administrative Assistant to City Manager Crystal Scott and Director of Planning Doug Kneupper Others Present: Guy Sutherland and Richard Browder 2. Mayor Malone delivered the invocation. 3. Mayor Malone led the Pledge of Allegiance. 4. PRESENTATIONS Mayor Malone presented a "Certificate of Appreciation" to Doug Kneupper for his years with the City. S. Stephen Barr reported on the City of La Porte Bicycle and Pedestrian Trail Implementation Plan. Chip Perry of Halff Associates, Inc. provided Council with an overview of the plan and the goals. 6. Joe Sease reported and provided staff with direction on using a Property Valuation Ratio to establish charges for fire protection to outside agencies. Staff will be generating an analysis on a formula based on population, with special consideration for commercial businesses. 7. Martha Gillett reported and provided staff with direction on the updated Council Procedure Ordinance. 8. Cynthia Alexander reported on pre-budget information and the Financial Report for the eight-month period ending May 31, 2003. 9. ADMINISTRATIVE REPORTS City Manager Debra Feazelle reminded Council of the Chamber Hamburger Cookout on Thursday, June 19,6:30 p.m., at the pupont Recreation Center; the HGAC Workshop Meeting on Thursday, June 26, 8 a.m. until 3 p.m. at the Houston Westchase Hiltonffowers; City Council Meeting -Ie 16, 2003 Page 2 e Ms. Feazelle updated Council on the City Hall Open House scheduled for Thursday, July 3, from 3 p.m. until 6 p.m.; and reminded Council ofthe July 4th Parade and Fireworks. 10. COUNCIL COMMENTS Councilmembers Griffiths, Ebow, Engelken, Mosteit, Meismer, Young, Warren and Beasley had comments. 11. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, 551.086, TEXAS GOVERNMENT CODE, (CONSULTATION WITH ATTORNEY, DELmERATION REGARDING REAL PROPERTY, DELmERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION, DELmERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS). 12. CONSIDERATIONS AND POSSmLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION There was no action taken due to no Executive Session being held. 13. There being no further business to come before Council, the Special Called Workshop Meeting was duly adjourned at 7:31 p.m. Respectfully submitted, ~~~ Martha Gillett City Secretary pa~nd approved on this 23rd day of June 2003 (.~ . MEETING HANDOUTS . e . LA PORTE HEALTHAUTHOMTY PosmON REPRESENTATIVE TERM EXPIRATION . Health Authority Abdul R. Moosa., M.D. La Porte Medical Clinic 410 E. Fainnont Parksay La Porte, Texas 77571 (281) 470-4740 Aug. 31, 2003 Alternate Robert D. Johnston, M.D. 1309 L West Fairmont Parkway La })orte, Texas 77571 (281) 470-2100 Aug~ 31, 2003 Medical AdvisorlEMS Oscar Boultinghouse UniversitY of Texas -Medical Branch Division or Emergency Medicine 3'0 I University Blvd. Galveston, Texas 77555-1173 Contract Staff Liaison: Director of Emergency Management Joe Sease . e LA PORTE WATER AUTHORITY PosmON .1 2' 3 4 5 REPRESENTATIVE George Robert Roy 609 Canyon Springs, La Porte, Texas 77571 (281) 470-7933 Home Vacant- AI Fields Resigned 12116102 Robert T. Herrera 9723 Stonemant laPorte, Texa 77571 (281) 470-0428 Chester Pool 171 0 Alvey La Porte, Texas (281) 471-5575 (281)471-7700 Paul Berner 3007 Carlisle St.. La Porte, Texas 77571 Staff Liaison: Director of Public Works Steve Gillett TERM EXPIRATION (2yr term) Aug. 31, 2003 Aug. 31, 2003 Aug. 31, 20~3 'Aug. 31, 2004 Aug. 31, 2004 e . PLANNING AND ZONING COMMISSION PosmON Chairman District 1 District 2 R'{6i~Mf District 3 . District 4 N OW ~\v/J5 I v'\ D\~(\ [.,~ S District 5 fVDw L"V€5 '\ (\ D\~ fief 4- District 6 REPRESENTATIVE TERM EXPIRATION Betty Waters 2202 26m Street La Porte, Texas 77571 (281) 471-1907 Aug. 31, 2003 Doretta Finch 2212 Lomax School Rd. La Porte, Texas 77571 (281) 471-0259 Aug. 31, 2005 Pamela Baldwin 3526 Gladwyne Lane La Porte, Texas 77571 (281) 930-1441 Home (713) 434-4671 Work Aug.-31,2oo3 Ross T. Morris Aug. 31,2003 5429 Beaver Creek La Porte, Texas 77571 (281) 470-8637 Home Pager 713-833-6305 (281) 834-3538 Hal Lawler 1400 N. 10m Box 100 La Porte, Texas 77571 (281) 471-0440 Home (281) 471-0129'Mom's (713) 720-8262 Pager *Aug. 31,2004' Dottie Kaminski ' 325 South Carroll ' La Porte; Texas 77571 (281) 471-~015 Home Aug. 31, 2004 Ralph S. Dorsett 10910 Spruce (281) 471-9167, , (281) 487-5387 Aug. 31, 2005 Staff Liaison: Director of Planning Doug Kneupper It . SOUTHEAST TEXAS HOUSING FINANCE CORPORATION BOARD POSITION Director REPRESENTATIVE TERM EXPIRATION , Patricia Muston Aug 31,2003 117 Garfield La Porte, Texas 77571 (281) 471-1537 (281) 471-3961 Muston Properties Staff Liaison: Planning Director Doug Kneupper It . BOARD OF DIRECTORS CITY OF LA PORTE REINVESTMENT ZONE NUMBER ONE Created by Ordinance 99-2325 PosmON REPRESENTATIVE TERM EXPIRATION APPOINTED BY 1 Peggy Antone Aug. 31,,2003 City of La Porte 8418 Collingdale La Porte, Texas 77571 (281) 479-1146 (H) (713) 223-1195 (W) 2 Paul Larson Aug. 31,2004 City of La Porte 4064* Street, North La Poqe, Texas 77571 (281) 842-7441 (713) 947-6606 3 Alton-Porter, Chairman Aug. 31, 2003 City of La Porte 10442 Catlett La Porte, Texas 77571 (281) 471-8377 (28 n 482-7007 4 Horace Leopard Aug. 31, 2004 City of La Porte 3202 Lazy Pine La Porte, Texas 77571 (281) 471-3746 (H) (713) 947-8023 (W) 5 Norman S. Cook Aug. 31, 2003 City of La Po~e 228 W. Main La Porte, Texas 281-471-2210 (wk) 6 ' Lindsay R. Pfeiffer Aug. 31, 2004 City of La Porte 602 S. Nugent La Porte, Texas 77571 (281) 471-6650 Home.' (281) 471-4222 Work 7 David W. Webb . Aug. 31, 2003 ; La Porte ISD 16236 Seahorse '. Houston, Texas 77062 (281) 486-5075 (281) 604-7045 8 . Chester Pool Aug. 31, 2004 City of La Porte 1710 Alvy La Porte, Texas 77571 (281) 471-5575 (281) 471-7700 It Board of Directors - City of La Porte Reinvestment Zone Page 2 9 John Black P.O. Box 1414 La Porte, Texas 77571 (281) 471-1234 Aug. 31, 2003 Staff Liaison: Assistant City Manager John Joems . Harris County · Mayor 'shall ann~lly noqrlnate and appoint, subject to Council aPProval, a member to serVe as Chair for a term of 1 year. ' e . LA PORTE REDEVELOPMENT AUTHORITY Articles of Incorporation and Bylaws Approved by Resolution 2000-19 PosmON REPRESENTATIVE 1 Peggy Antone . 8418 Collingdale La Porte, Texas 77571 . 28i-479-1146 713-223-1195 -2 Paul Larson 4064111 Street North La Porte, Texas 77571 (281) 842-7441 (hm) (713) 947-6606 (wk) 3 Alton Porter, Chairman 10442 Catlett La Porte, Texas 77571 (281) 471-8377 (hm) (281) 482-7007 (wk) 4. Horace Leopard 3202 Lazy Pine La Porte, Texas 77571 (281) 471-3746 (hm) (713) 947-8023 (wk) . :. No~ S. Cook 228 W. Main La Porte, Texas 77571. 281-471-2210 (wk) 5 6 Lindsay R. Pfeiffer 602 S. Nugent La Porte, Texas 77571 281-48i-6650 (hm) 281-471-4222 (wk) 7 David Webb . '301 E. FainnontParkway La Porte,. Texas 77571 (281) 604-7045 8 Chester Pool 1710 Alvy La Porte, Texas 77571 (281) 471-5575 (hm) (281) 470-1506 (wk) TERM EXPIRATION APPOINTED BY . Aug. 31, 2003 Aug. 31, 2004 .Aug. 31,2003 Aug. 31, 2004 . Aug. 31, 2003 Aug. 31,.2004 Aug. 31,2003 Aug. 31, 2004 City of La Porte City of La Porte CitY of La Porte City of La Porte City of La Porte City of La Porte La Porte ISD City of La Porte It . Page 2 of La Porte Redevelopment Authority 9 John Black P.O. Box 1414 La Porte, Texas 77571-1414 (281) 471-1234 Aug. 31, 2003 Harris County . Staff Liaison: Assistant City Manager John Joems Per Articles of Incorporation and the Bylaws of the La Porte Redevelopment Authority, an appointment of a Director to the Reinvestment Zone #1, City of La Porte, Texas constitutes an appointment to serve as a Director of the La Porte Redevelopment Authority. Directors of the Authority shall be appointed by the Mayor of the City with the consent and approval of the City Coun~il and shall be the same persons appointed to the corresponding position of the Bo~d of the La Porte Reinvestment Zone. . Each taxing unit appointment as a Director to the La Porte Reinvestment Zone shall also constitute a nommation of such person to' the Redevelopment Authority. The term of each Redevelopment Authority position shall be cotenninous with the corresponding position on the Board of the La Porte Reinvestment Zone. The Mayor of the City shall always appoint the Chairman of the Redevelopment Board for the term designated by the City. . tit BOARDS AND COMMISSIONS ATTENDANCE ANALYSIS Airport Advisory Board: Did not meet last year Board of Adjustment: Sidney Grant - 100% Bob Capen - 100% Rod Rothermel- 80% Willie Walker - 60% Ruben Salinas - 60% Charles Schoppe - 80% George Maltsberger - 100% Fire Code Review Committee: . . Richard Browder - 100% Floyd Craft - 100% Emery Farkus - 100% Bryan Moore - 100% Tom Handy - 100% Richard Luna - 100% Tom Hayes - One meeting was held this year - Absent but excused Louis Heintschel - One meeting was held this year - Absent but excused, Sam Brechtel - One meeting was held this year - Absent and unexcused La Porte Development Corporation Board: Chuck Engelken - 100% Bruce Meismer - 100% Peter Griffiths - 1 00% Bill Love - 100% Ed Matuszak - 100% Pat Muston - 100% Deborah Johnson - 100% La Porte Health Authority: . No meetings held La Porte Water Authority: . Ro~ Roy -100% Robert T. Herrera - 100% Chester Pool - 100% Paul Berner - 100% e e e Page 2 Planning and Zoning Commission: Betty Waters - 100% Dottie Kaminski -100% Hal Lawler - 100% Ross Morris - 64% Ralph Dorsett - 64% Doretta Finch. 67% South est Texas Housing Finance Corporation Board Pat Muston - 100% TIRZ #1 and La Porte Redevelopment Authority Peggy Antone - 63% Paul Larson - 63% Alton Porter - 88% Horace Leopard - 88% Norman S. Cook - 63% Lindsay Pfeiffer - 63% David Webb (LPISD) - 38% Chester Pool - 50% John Black (Harris Co.) - 13% e e APPLICATIONS RECEIVED SINCE LAST YEAR'S APPOINTMENTS WERE MADE " e CITY OF LA PORTE e APPLICATION FOR CITY BOARDS I COMMISSIONS NOTE: As an applicant for a City Board or Commission, yom .name, address and phone number may be available to the press and the public. You have the right to request the exclusion of certain information from press and public access. All other information will remain confidential. You will be contacted before any action is taken on your appointment. Incumbents whose terms expire are automatically considered for reappointment, upon request. A member who is absent for more than 25% of called meetings, for other than medical reasons, will be subject to removal by City Council. Final decisions on appointment and reappointment of members of Boards and Commissions rests with the City Council. APPLICANT MUST BEA CITIZEN OF THE UNITED STATES; A RESIDENT OF THE CITY OF LA PORTE; AND A QUALIFIED VOTER IN THE CITY OF LA PORTE. MEMBERS OF THE PLANNING AND ZONING COMMISSION MUST ALSO BE RESIDENTS OF ONE OF THE. CITY COUNCIL DISTRICl'S FROM WHICH THEY ARE APPOINTED. .. DATE:?' --It) ~-03 Name: L I II) s c. () H.f3.J;1 ~8Y- ,1e.- Last First MI, Address:... ')"€{ I ~ Rf')(C k S n RIA ~<\ n p . , , ' City: L n fbP~StatelZip Code: ~A5!.. 77..,7 I Are you a registered voter in the La Porte City limits?: Cu or '5"\ Did you vote in the last City election?: G.J or, N Please me or print clearly Phone (H}..";lR'I" '(71'" DtJ.. 9 I (W) N Please indicate your preference bv number. 1-2-3. etc. ADVISORY BOARDS AND COMMISSIONS Airport Advisory Board Fire Code Review Committee I DECISION MAKING BOARDS AND COMMISSIONS Planning and Zoning Commission Zoning Board of Adjustment Civil Service. Comnlission ,.3 SEPARATE LEGAL ENTITIES La Porte Area Water Authority NON-PROFIT CORPORATIONS ~ La Porte Development Corporation Board La Porte Redevelopment Authority Tax Increment Reinvestment Zone Number One Southeast Texas Housing Finance Corporation Board interested in serving on one of the above Boards I Commissions as indicated. t, -/7,-03' Date Revised June 200t .e .e CITY OF LA PORTE APPLICATION FOR CITY BOARDS / COMMISSIONS NOTE: As an applicant for a City Board or Commission, your name, address and phone number may be available to the press and the public. You have the right to request the exclusion of certain information from press and public access. All other information will remain, confidential. You will be contacted before any action is taken on your appointment. Incumbents whose terms expire are automatically considered for reappointment, upon request. A member who is absent for more than 25% of called meetings, for other than medical reason's, will be subject to removal by City Council. Final deCisions on appointment and reappointment of members of Boards and Commissions rests with the City Council. APPLICANT MUST BE A CITIZ~N OF THE UNITED STATES; A RESIDENT OF THE CITY OF LA PORTE; AND A QUALIFIED VOTER IN THE CITY OF LA PORTE. MEMBERS OF THE PLANNING AND ZONING COMMISSION MUST ALSO BE RESIDENTS OF ONE OF THE CITY COUNCn. DISTRICTS FROM WHICH THEY ARE APPOINTED. DATE: d-oJ t/ o~ Phone (H)' elf 1- #cJ-1f09 ,<W}5I~/- &.~R S-/07o ee# Inrhara /J Please Me or orint clearly Name: #rtlJ;/7~ Last JJ / I. First Address: &Ci4 . Bou -II] ~..ol)/:; Ci~: La. /l;,le State/Zip Code: MI J; . ~?.5? / Are you a registered voter in the La Porte City limits?: '6)' or Did' you vote in the last City election?: (j) or N N Please indicate vour Dreference bv number. 1-2-3. etc. ADVISORY BOARDS AND COMMISSIONS '.S Airport Adyisory Board . . ~ Fire Code Review Committee DECISION MAKING BOARDS AND COMMISSIONS I Planning and Zoning Commission. ~ Zoning Board of Adjustment. 51- Civil Service Commission .1 SEPARATE LEGAL ENTITIES -(P La Porte Area Water, Authority -'> ,f. t" 'Other I the undersigned am interested in serV~ng on one of the above Boards / Commissions as indicated, ~atl~I,l(CL ~VJ~; Signature of Applicant /~Y-(Pd- " Date Revised April 1999 e e BACKGROUND INSTITUTION CITY AND STATE DATE LAST ATTENDED MAJOR San .:J6C ~o/1e5e . ~54.den a. ;r; /190 /IJ III ~er ParI( IIJl fci (Jeer ~rK iTr ' /q? tj EDUCATION Community Activities I Hobbies: (Y1e-fY)h.,,'1" ~;ni r\9 ' ~@+Q ~I~()-)n Ph~ I 6ar~eh (){Cr h ) &<j/es /e:x-I~.c- References: (include address and phone number) .\. lkrN>/J ilt7/l'i,c"",R' In s. LOh:l:t/-9"9'L:- t:.s- 2. t~Z1~ ..?o~ 5, Lob'{ i~-'/?/. NE . 3. ;, L, ,<II z 9('!R4;;'/~ '~~::IS f?~~-z: g--/<:J.3S Additional Pertinent Information: Go~s / Ob~ectives: 7f) b~ tJ.. pp.r f oF rro r; n 9 La ffrf e fbl'" b es-!- ~ ,f'-j ! + (1(1 Y7 be ~~~ If 3rnl-D5 ~ Attachments: , YES NO, You are welcome to attach additional information, such as, resumes, letters, certifications, etc. that further describe your professional and personal background. Please return this form and any attachments to: City of La Porte , City Secretary's Office PO Box 1115 La Porte, Texas 77572-1115 Revised April 1999 // e e CITY OF LA PORTE APPLICATION FOR CITY BOARDS / COl\1l\fiSSIONS NOTE: As an applicant for a City Board or Commission. your name, address and phone number will be available to the press and the public. All other information will remain confidential. You will be contacted before any action is taken on your appoinanent. Incumbents whoSe terms expire are automatically considered for reappoinanent. upon request., A member who is absent for more than 25% of called meetings. for other than medical reasonS, will be subject to removal by City Council. Final decisions on appoinanent and reappointment of members of Boards and Commissions rests with the City Council. APPUCANT MUST BE A CITIZEN OF THE UNITED STATES; A RESIDENT OF THE CITY OF LA PORTE; AND A QUALIFIED VOTER IN THE CITY OF LA PORTE. l\1EMBERS OF THE PLANNING .U'ffi ZONING COMMISSION MUST ALSO BE RESIDENTS OF ONE OF THE CITY COUNCn. DISTRICTS FROM WHICH THEY ~ APPOINTED. Please Me or orint clearlv Name:J5~RREf<.A Nlc.-k ~ ' L:ut ' , First MI Address: q5Jt) , t!.IIR LOW L/IJ, city:LI1P~e-re State/Zip Code: -,eXItS ??5? / Are you a registered voter in the La Porte City limits?: @ Did you vote in the last City election?: & or N l Please indicate your Dreference 'bv number. 1-2-3. etc. DATE: 5-11-0/ " Phone (H) z~, - q 3C; -t)5~ 7 (JI) 2.BI -e;8t) -~5~7 or ' N ADVISORY BOARDS AND COMMISSIONS Airport Advisory Board Fire Code Review S:;ommittee DECISION MAKING BOARDS AND COMMISSIONS I ' Planning and Zoning Commission :3 Zoning Board of Adjustment Z Civil Service Commission SEP ARA TE LEGAL ENTITIES La Porte Area Water Authority I the undersigned am' interested in serving on one of the above Boards / Commissions as indicated. ' ' ~ If-.,..~s-//-6'/ SipD.l of Applicant Date Revised April 1999 e e BACKGROUND INST!I11TION CITY AND Sf ATE - DATE lAST ATTENDED MAJOR ~ft/J JAe.lI,rro ~J}li e Ft~l1DE3\JA 1X. Iqq5 eJv,L '7ECI!NI)UJ6 ,I I I EDUCATION. 'f ~4()4 'F6l/N/~JNVI eW J..b4, 7X - "2. h(b- :3" evil. '1/, 1X.., 2B/-sa()-3/~~ , , . Fbe;e-"'7X, ZSI-47/- 3~/C> Additional Pertinent Information: .E y~~ ~,(P81IE7lltCe /N LA::!e; fke'veN'T""/t:!)^, J:::e/C /IlA:fbte II.... De-PI, -ol2e.s /If'r'/Z.e. ~'N o. ' 611., ~/flBZS / EllJpljJYee -rl-/ER: LIAlStJN nA?. LtJGA-t. "()uce- lJerr.s r6e. /)e7i9/N/N~ ,:::5~l'eCJ3 . Goals I Objectives: DeDIIJA--re- '/iJ 7"Ht &HJdJIIAI/7'Y THE eXPelC/~E ..r J./l'1ve .ATTI1/NefJ /N j:)eVEL~hN~. L.,gND L'~ l2e.s)6~Ai1/nL ,t. t!.l!Jm PJE/c'c/I9L PR.tt)f'I!:72.71.e-~" . . . / . Attachments: ~YES NO You are welcome to attach additional information, such as, resumes, letters, certifications, etc. that further describe your professional and personal background. ' Please return this form and any attachments to: City or La Porte City Secretary's Office POBox IllS La Porte, Te:w 77572-1115 Revised April 1999 . e Engineering Experience , 1. As a survey- engineer technician my responsibilities included the following: a. Calculate and verify boundary of proposed subdivision b. Design roadway and lots according to developer's and city requirements c. Calculate all roadway and lot square footage d. Write metes and bounds descriptions of right of waysJ common areas, etc. e. Drafting (auto-cad) of subdivision plat together with general notes requirements, f. Preparation of plat for submittal to city or county for approval g., ,Research and determine location of fJoodway,and flood zones of all properties of current projects h. Calculate and design the location of proposed utilities, storm, sanitary, water, etc. within the easements for linear footage, and construction drawings i. Design and calculate roadway medians, intersections, etc. according to requirements by city, county, state, etc. J. Prepare all information from data base to directories for downloading to data collectors for field staking , Surveying Experience 1. As a field surveyor my responsibilities includ~d the following: a. Perform traverse and bOundary survey of properties b. Locate vertical control for establishing elevations according to EE.M.A. maps c. When required locate on the ground actual location of flood zone boundary and base flood elevation for construction purpose d. Staking of all lot's and utilities for construction e. Perform as-built surveys for ,any' encroachments into ground and aerial , easements f. Locate and verify all utilities, storm, sanitary, etc. as to the location and elevation requirements g. Currently self employed as a sole proprietor performing topographic and as- built mapping for several engineering companies . . em OF LA PORTE APPLICATION FOR CITY BOARDS I COl\lIMISSIONS NOTE: As an applicant for a City Board or Commission, your name, address and phone . number will be available to the press and the public. 'All other-information will remain confidential. You will be contacted before any action is taken on your appointment. Incumbents whose terms expire are automatically considered for reappointment, upon' request. A member who is absent for more than 25 % of called meetings, for other than medical reasonS, will be subject to removal by City Council. Final decisions on appointment and reappoinanent' of members of Boards and Commissions rests with the City Cowicil. APPLICANT MUST BE A CITIZEN OF THE ~ STATES; A RESIDENT OF THE CITY OF LA PORTE; AND A QUALIFIED VOTER IN THE CITY OF LA PORTE. M:EMBERS OF THE PLANNING AND ZONING COMMISSION MUST ALSO BE RESIDENTS OF ONE OF THE CITY COUNCIL DISTRICTS FROM wmCH THEY ARE APPOINTED. Please tvDe or Print clearly DATE: 'I- //4 /2.000. Phone (H)J7151) 4"1-1-2.532. (W)(:1-J;) '1 01- ~2. i Name: B~v n tt. rod 'FI'~~~ . Address: 3 J I S- City: LC( Yo)" te. Are you a registered voter in the La Porte City limits?: or N Did you vote in the last City electi~n?: (!) or N Please indicate vour oreference bv number. 1-2-3. etc~ ADVISORY BOARDS AND COMMISSIONS ID Airport Advisory Board '1- Fire Code Review ~ommittee DECISION MAKING BOARDS AND COMMISSIONS '7 " Planning and Zoning Commission q. Zoning Board of Adjustment ~ Civil Service Commission SEPARATE LEGAL ENTITIES ~. La Porte Area Water Authority .1J2 T 11 y. :+NCr e fYl..{! ()T R.. e; #.J U eST m e A.JJ 'Un~(TIR~ ' I the undersigned am interested in serving on one of the above Boards / Commissions as ind~'cated. ~, 1- / /1/Zt.Jut:> SignaD.lrc of A licant Dau: .10 Revised April 1999 . e BACKGROUND EDUCATION ()~ /_..Ai .~ 'tJ~_,;, ~~ I INsrrrunoN CITY AND $rATE . DATE u.sr ATl'ENDED MAJOR ~ ProfesSio;W Background: ~ ~J~' a4..J.. Lj, , JhJ..d Y1 4... vtuUIA Vo~ ~_ ....Lld.14~.r._ \/t.G~,J..1A.. ~O;.:.. Com~.J~vities I Hobbies: ?~~': ~ ~'J S:~ r. : r"'~::~'"h'~ - ~<>"-< ..j ~~ .:r c, Po o...f <>< ,Jl}......... l- t V c/ CP>>t-~ "- . ( . . A n..cJ ';) -u..y Se_~.-}c \~ , References: (include address and phone number) .' 1. C. ~~~~~ 211 IZ-,-'1 ~.,JJ. ( ~~~{1-I_~ ~ Z 7-. ~ r. 2. ~. ~"~t lOO ~ c.~~~ 1 :to'" r '1-1 - j. {, - _... ~ ' 3. \). \.( ~ !. t (?,.. w.. ....I.V c.c. I Cl 'f.. - '::5 o-z.. , U4.. ~ . Add!tional P~rtinent Info"P"~on: ~~o0t v.q( '-4>' j-\" ~ t.~.~;:, "",;: ;,;k-<<:-J.- . ~~.A l "^ ~ utdl'-' ""^ {OIt 14 b r.vUA y,.., fA<. 9':. ;'''Uf.l (~ ~_h), _ ~ ~ ~V:..5. A~:; ~~4 v';;,~t,~ :':'1-i.~:::::t~ ,;j~/!R ..J2: AttaChments:" .~ YES' NO . You are welcome to attach additional information, such as, ~,letters. certifications, etc. that further describe your professional and personal backgrouud. Please return this form and any attachments to: City of La Porte . City Secretary's Office PO Box IllS La Porte, Tens 77572-1115 Revised April 1999 .. e e CITY OF LA PORTE APPLICATION FOR CITY BOARDS I COMMISSIONS' NOTE:' As an applicant for a City Board or Commission, your name, address and phone number may be available to the press and the public. You have the right to request the exclusion of certain information from press and public access. All other information will remain' 'confidential. You will be contacted before any action is taken on ,your appointment. Incumbents whose terms expire are automatically considered for reappointment, upon request. A member who is absent for more than 25% of caIled meetings, for other than medical reasons, will be subject to removal by City Council. Final decisions on appointment and reappointment of members of Boards and Commissions rests with the City Council. APPLICANT MUST BE A CITIZEN OF THE UNITED STATES; A RESIDENT OF THE CITY OF LA PORTE; AND A QUALIFIED VOTER IN THE CITY OF LA PORTE. MEMBERS OF THE PLANNING AND ZONING COMMISSION MUST ALSO BE RESIDENTS OF ONE OF THE CITY COUNCIL DISTRICTS FROM WHICH THEY ARE APPOINTED. Please type or Drint clearlv DATE: Oti" -01- l i)Q?. Name: LEG. \<. f\ tv D c'E~'~fH~v l\J.. MI Phone (H) (W) Last First Address: 3i 15" i- a::J .1e.. ' (0"'-1.. r- City: l~ ?o~ l-e State/Zip COde:.:J-15 11 Are you a registered voter in the La Porte City limits?: (!), or N Did you vote in the last City elec~ion?: '(X) or N Please indicate your nreference bv number. 1-2-3. etc. ADVISORY BOARDS AND COMMISSIONS Airport Advisory Board Fire Code Review Committee DECISION MAKING BOARDS AND COMMISSIONS ~ Planning an.d Zoning Commission ~ Zoning Board of Adjustment Civil Service Commission SEP ARA TE LEGAL ENTITIES La Porte Area Water Authority .3 Other I the undersigned am interested in serving on one of the above Boards I Commissions as indicated. ,J ;/ "'a It!:- 'U>uL Date Revised April 1999 e . BACKGROUND INSTITUTION EDUCATION.., CITY AND STATE DATE LAST ATTENDED q b 2- '"1^1 "tv>. ~4~C=- 8O/~. a 1(.. / -c D .> - 0000 MAJOR ~,j;;:/ Professional Background: 5:::-; h~~ 1..)1,-" k-1.... ?VDn~/Y-) A '^~~ j ,J ~ ~ La. . -, , / 4- ~ k J ;' L.4. { f..1I' (""J i rl 0( Oct lilt' ,.c. References: (include address and phone number) 1. 2. ~~ 'VVLL.., 'no'k.$- '2- II FCLP k.. Lo:.l_ f Vi.. K. ~)<. ('l.BI) ~7-/- 2' h ~~- "3. dt1.':)l\.1l\e....Tu..Aw;>/vJPl~cn.'\. 2-,3, ~1~i'tl9- (2..B)) 1}-1-8,:>~g Additional Pertinent Information: ~ ~ I Objectives: .? V'<--~;:\A- ;.: ~('ofu,:. ~ ~ Il::!- </ J lJ~.r ~ tu<"-" '1->. ILA-C....l.DCf'--,;}-e. HA~ "1flrJ'~{/rAA.' t'J!.-;'; IA..l . I' , Attachments: YES NO ' You are welcome to attach additional information, such as, resumes, letters, certifications, etc. that further ' describe your professional and personal background. ' Please return this form and any attaclm1ents to: City of La Porte City Secretary's Office PO Box 1115 La Porte, Texas, 77572-1115 , Revised April 1999 ~AR50N5 ~,:(~~: ~~~~-:t~_~; ~:J<~~~-"_" 'JY::: Summary , e e Bernard N. Legrand Technical Slaff - Analyzer Specialist RESUME Experience' More than 30 years experience in Analyzer System design and application including field research/troubleshooting, application analysis, specification, prpcurement, inspection, design integration, and startup. Experience ranges from Refining, Petrochemical, and Gas Pipeline including applications / in- , , stallations ofGC, Mass Specs, IR's, pH, Conductivity, TOC, TOD, Si02, , H2S, S02' NOx, O2, and nwnerous environmental analyzers. 1989 - Present Member of Technical Staff, Analyzer Specialist, Parsons ' ' 99update,dac ;'j! EXXON Chemical Baytown, Texas - Research, engineering and pro- curement, management of sub-contractors. Job included analyzer house with GC, IR's etc., field mounted oxygen, viscosity and corrosion ana- lyzers, ambient gas detection arid SCADA system. ,'! Venezuelan Heavy Oil Project (VEHOP), Petrozuata - Jose, Venezuela - Lead Analyzer Specialist for this international consortiwn project. Engineering design responsibilities included specification, client inter- face, procurement, and design integration into plant-wide DCS system linked to an in-plant safety system. :::'~ Texaco Star Co-Gen. Project, Delaware City, Delaware - Front end en- gineering and proposal activities, bid evaluations. "'" Kaneka, Texas Project':" Malaysia Plant - Provided on site trouble- shooting, analysis and research, engineering and procurement, DCS/PLC integration design services on numerous trace oxygen, and butane analyzers for clients Texas and Malaysia plant. ':.: ARCO Chemical - Bayport, TX - Analyzer application, design, specifi- cation, and procurement for monitoring/control ofTBHP process. In-' cluded Gas Chromatograph, oxygen paramagnetic, LEL, Oxygen defi- ciency, and pH analyzers integrated into a single prefabricated analyzer building. Technical Specialist, Principal; Analyzers .::! Exxon Company USA - Baytown, TX - Selection, specifications, system procurement and integration of barge lc;>ading and water treating analyti- 1 of 5 PARSONS' '-~:"f~' ;:> -;-iF :~,~'::;-;:;.4~~~[~f_,~;;~~~ 99updall!,dac '>. e e Bernard N. Legrand Technical Staff - Analyzer Specialist ,RESUME__ _, cal equipment.- Analyzers included Paramagnetic Oxygen, pH, Conduc- tivity, Silica, Turbidity, Dissolved Oxygen, etc. ;;;:, ISK - MIO Cedar Bayou - Houston, TX - Selection, specifications, sys- tem procurement, installation, start-up and integration of grass root analyzer system into DCS, pH, Conductivity, Electro-chemical Oxygen process and personnel protection, IC Hydrogen, LEi. detectors and den- sity. Follow-up includes system basis customizing and de-bugging of original equipment inclusive of instrumentation and small pumps. ,ill' Quantum Chemical - LaPorte, TX - Selection, specifications, system 'procurement, installation of an entirely new analyzer, MeI in the ppb range. Research and specifications for water in hot acetic acid, NDIR analyzer with multiple fiber optic front end signal t~ansmission. '';J ISK - Biosciences Cedar Bayou - Houston, TX - Modification and up- grading of existing installation with new analyzers such as moisture, corrosion, HCI, C12, Concentration, pH, etc. Scope includes selection, specifications, system procurement and integration of these new analyz- ers into a new DCS. :~i Shell Oil Company - Deer Park, IX; Norco - Taft, Louisiana and Belpre Ohio - Refinery/petrochemical additions and revamps, over 20 projects. Selection, specifications, system procurement and integration, install a- , tion, and start-up of process analyzers. From gas chromatographs to physical property analyzers, including wastewater and other environ- mental analyzers such as pH, Conductivity, TOC, TOD, Si02 etc., H2S, 802', NOx, O2, some analyzers being used for close loop control and historical data gathering. ' , , :!:!i ARCO Chemical - Bayport, TX - Selection, specifications, system pro- curement and integration, installation, start-up of environmental analyz- ers for wastewater and nitrogen blanketing system. ',;Jl Hoechst Celanese - Bayport, IX -Newprocess analyzers; specified, procured and installed, paramagnetic oxygen,' UV /IR spectrophotome- ters and gas chromatographs. i:ir Citgo - Lake Charles, LA - Refinery, sulfur recovery unit, new installa- tion. Process and environmental analyzers; specified, purchased and in- stalled gas chromatographs and physical property analyzers: Clauss Unit sulfur plants with typical analyzers such as gas chromatograph for air demand, HiS, S02' NOx, 0.2' for environmental or close loop control. 20f5 PARS'CNS }:~~'.~~E~t~~f :"';' ~:~::,.-i:;- :;, .:..;;;' It .... Bernard N. Legrand Technical Staff - Analyzer Specialist RESUME All the above projeCts required integration in new or existing DCS 'such as Honeyweli TOC 3000 via dedicated data highway (Modbus) and/or via analog signals from diverse analyzers. . tl . Champlin Oil (now Citgo) - Corpus Christi, TX' ~2 Himont - Bayport, TX and Lake Charles, LA ~; Witco - Ponca City, OK Refinery and petrochemical, revamp and new installation. Diverse process, safety and environmental analyzers, from specification to start-up. 1988 -1989 Project Eng!neer/Manager, Texamation Engineering, Inc. - Pasadena, TX .;~\ MWK/Shell - Odessa, TX - Instrumentation and analyzer revainp of re- finery with Honeywell TDC-3000 DCS - Specified, engineered, de- signed, fabricated, and transferred to client an analyzer DCS (AAI based). .:i MWK/Chemwaste - Port Arthur, TX - High Temperature Incinerator for Hazardous Waste - Specified, engineered, designed, fabricated, and transferred to client a complete analyzer package (shelter with 15 inte- grated analyzers and stand-alone EP A monitoring and control station). .~ S.I.P.lShell - Deer Park, TX - Anaerobic Project- Engineered, fabri- cated, and transferred to client a package analyzer system (12 modular units). '2 John Brownldu Pont - La Porte, TX - Phosgene Plant - Monitoring and control of CO, CO2, and H2 streams. . :.:.~. Jacob/Shell - Martinez, CA - Update of existing analyzer system with new hardware. . . .';' FMC Corp. - Pasadena/Bayport, TX - Adapted lab instrumentation (NIR) to process control with PC (Compaq 286). Specified, engineered; and fabricated stream switching sample and interface systems, 1983 -1987 I.T.1. (Brown & Root). Houston, TX 99updale.dac ",,: Shell - Deer Park, TX - Responsible for maintenance of a DCS com- . puter based analyzer system interfacing with ModcompN AX control system (approx. 200 units). . 30t5 PARSONS :z?~;~,hl~~,t):"i~~?~~~~~~0;~ e e Bernard N. Legrand Technical Staff - Analyzer Specialist RESUME _ ,_ _ ,':, ' ',_' ~ _' " ,,~, Shell - Deer Park, TX - DU-2 Unit - Start-up and maintenance of control analyzer system, micro-processor based interfacing with Honey-' wellN AX DCS for refmery. 1979 - 1'983 Te.xamation Engineering, Inc.. La Porte, TX 1976 -1979 ,};:; Mobil Oil & Chemical- Beaumont, TX - LLDPE (Dnipol) Project - Co- ordinated with Stem & Rogers in designing/engineering of the analyzer portion of this new project. Checked out and recommended modifica- tions, transferred to client, and start-up of the package (GCs, Moist., O2, I.R., etc.). Intenaced with Honeywell TDC-2000 thru Foxboro 935 DCS. Trained Saudi nationals on digital control and analyzer system; fji Exxon Chemical Americas - Mont Belvieu, TX - LLDPE (Unipol) Proj- ect - Same as above with Brown & Root. J:~ Dow Chemical (formerly Upjohn Chemical) - LaPorte, TX/Estareja, Portugal- Iso-Cyanate Project (Iso-Por) - Engineering, design, con- struction, and check out in La Porte. Start-up of the analyzer system in Portugal (CO, CO2,' CH4, H2S, Moist., etc.), plant equipment, and gen- eral instrumentation (Foxboro Spec 200). ;~',; Shell Oil - Norco, LA - OP-5 Project - Engineering, design, construc- tion, check out, and start-up of the analyzers in the olefin unit (approx. 200 units of very diverse makes). ' ,i;< Exxon Chemical - Baytown, TX - Responsible for the utilities portion of the project: analyzers (02, Turb., PH, Cond., Opacity, etc.), Allen- Bradley PLC, and Forney BMS. Phillips Petroleum. Odessa, TX; Chatam, AL;Bartl,esville, OK iJii Pneumatic and electronic instrumentation. Process analyzers, NGL plant and pipe line analyzers (GC, I.R., H2S, Mass Flowmeter, etc.). Loop design for absorption and cryogenic NOL skid unit (Foxboro, Taylor-Barton). Maintenance and installation of AAI gas chromato- graphs. " 1966 -1976 The EI Paso Co. (formerly Rexall Chem./Dart Ind.). Odessa, TX 99updale,doc .-. HPLDPE and PP units - Research and development, applica- tions/modifications of analytical procedures cop.cerningthe following: 4 of 5 I=~S,ONS 2~,~~/~ g~~;~;t~~~;; ~~,~;"';:::~,~' e, e Bernard N. Legrand Technical Staff - Analyzer Specialist RESUME' " " _ - ,- , ' _ .;::; Atomic absorption spectroscopy, UVNIS, IR/NIR spectroscopy, GCIGLC, NMR and Mass Spec. ~i Design system for, atmospheric monitoring of solvents (IP A/Heptane) " with GC, used in process for a Norwegian company. Education & Professional Affiliations 99updale,doc '1.:7 Lycee d'Angouleme, Universite de Poitiers, France (Philosophy, Languages) :~ Odessa College, UTPB (Inst..and Controls, Computers) w.I Board Member - ISA Arialytical Division - Channel Section 50t 5 ofl 1 Page ....,.,:~.... ..., , :.i t - :'. ,.l' t / ....] .:1 ...._-----------_.._--------.__._----~----_._...._._._-_..._~-_.:.... Gillett, Martha , , .-.-~_.---.-..---_~..-I-.......-.,.-.------_._....--=----.-------_.....- Malone, Norman Friday, FebrLiary 08, 2002 9:12 AM Gillett, Martha FW: Airport Advisory Board From Sent: To: Subject: For Council Information File on Committees -----Original Message----- From: Richard Arnett [mallto:arnett@worldnet.att.net] Sent: Thursday, February 07,20028:40 PM To: Malone, Norman Subject: Airport Adviso.ry Board -- - Mayor Malone I would like to assume a position on the Airport Advisory Board if an opening or retirement exists. I am a Pilot and use our Airport extensively for Bizz and PleaSUre. I do <?ccasional Angel flights and Airlifeline flights for those in need and reserve a Couple of Saturdays through the year for a scout group first flight trip among other things. Rick Arnett 9943 Rocky Hollow Rd. Laporte Texas 281-470-8551 Appl~(,m:D" W'a i '~d b LPt,,,~ tJ-!( rt:~ (1'-flt( 2/8/2002 . '': ..to- . e , . CITY OF LA PORTE BOAlIDS, COMMITTEES AND ,COMMISSIONS SCHEDULE AND , PROCEDURE FOR RECRUITMENT, APPOINTMENT AND NOTIFICATION PROCESS THE CITY COUNCIL OF THE CITY OF LA PORTE WILL MAKE , APPOINTMENTS FOR TERMS EXPIRING ON AUGUST 30m OF THE YEAR INDICATED. . ~: SCHEDULEIPROCEDURES: APRIL. · Boards and Commissions Handbook aDd application form is updated and printed by the:City Secretary. ~ · ' A memorandum is sent by the City Secretary to each dep~ent inquiring as to whether or not there have been any attendance problems with members of a committee, hQard or commission member. MA Y/JUNE - (The annual appointment process will not begin until all Council members have been elected in the General and Run-Off Elections) · Mayor and City Secretary will meet with any newly elected Council Members and explain the boards and coI;D.1llissions process. ,. The City Secretary will provide City Council with list of all current and members whose terms, of appointment are expiring on August 30. The list will indicate ' vacancies, applicants eligible for reappointment, single member district appointments, and appointments made by the entire body of City Council. · Current appointees whose terms of appointment expire in August ,are identified. · The City Secretary will inform City Council of attendance problems of any , committee, board or commission member. ' · The City Secretary will forward City Council members a copy of any applications received by citizens since the last appointment process. The type of board, committee or commission the citizen is requesting to serve on is noted on the application. · Enabling ordinances will al$O be forwarded to City Council as needed. 'J,.. . e Page 2 · ' Information is shared with staff members serving as liaisons to a committee, board or commission member. · :-:iMay'Qt:~ :,9~~9l~,~p.~~~:fl!~;9i~".~~~~;;;,~1!l;l>~~i<t~~9-J!,~!\~~~~,"\.~,~,", ' 'applicaiioii~f'6mffamr1'!"liwnab0"'6f"h~~a'~t~Di'iaiiUea"lomy'''C'i~~'h$~~r~~}!~~~t~irj;,..:,~~;., 'ofgani'iiifionst'AppIlcations will oiiIy need to, be mailed if recruitment is needed to fill 'posItions. Applications must be returned'to the City Secretary by the last day of July S in order for copies to be placed in the agenda packet for the July Workshop Meeting to be held the last meeting in July. The citizen submitting the application ~ the handbook for future use. ' · City Council Members will contict, any individuals they want to serve another term, or direct the City Secretary to handle. Confirm~tion will be made as to whether or not the citizen .is willing to serve another term.. If no application is on file, the citizen must be provided with a handbook and application. The application must be returned to the City Secretary's O:ffic~ by July S in order to be placed in the ageilda packet for the July Workshop Mee~g. ' .' ....;..,; · City Council Members wishing to replace a board member will contact the prospective new. member to inquire if they would like to serve, or direct the City Secretary to handle. If the citizen agrees to serve, the City Secretary will send them a handbook and application form. The citizen must return the application form if one is not already on file. In addition, the City Council member will contact the current member to inform them they are considering a replacement for their position and thank them for the time they served, or direct the City Secretary to handle. By July S, City Council will confirm with the City Secretary, which members they are considering for reappointed for another term, and the name of any new members and the position in which they are being considered for. ' · Each June the City Secretary will remind the Mayor of the July Workshop Meeting and confirm the date. JULY · City Council holds a workshop meeting in open session to discuss upcoming appointments. AUGUST · Mayor will introduce an Ordinance and' facilitate the appointment process at the meetiIlg. The City Secretary provides assistance as needed. An Ordinance will be presented to City Council seeking approval to appoint or reappoint members for a term expiring on August 30 of the year indicated. .~ ".' e e Page 3 . Once the Ordinance is adopted, the City Secretary shall send thank you letters to citizens completing'service on boards. Acknowledgement letters are sent to those citizens not selected requesting them to apply again next year. · ,Letters of appointment and reappointment will be sent to appointees with appropriate ordinance. · A new directory of City Council appointed boards, committees and commissions is prepared and published as soon as possible after the appointment process is completed. . · City Secretary contacts new members to offer information regarding :cpnduct of , meetings, parliamentary procedures" and to answer any questions the new member may have. " , , · ' . Applications are considered current for one year. Vacancies will be considered throughout the year if needed d1:le to terminations or resignations JiA:;~A;i.' ' h-;o- O~ /~~orm~one Date e RECOMMENDATIONS e e CITY OF LA PORTE e ", r , .:.. .~.t :"'f . CITY SEC!ffiTARY'S OFFICE . .... , iNTEROFFICE MEMORANDUM July 15, 2003 TO: Mayor and City Council . Martha A. Gillett, TRMC . A I J City Secretary ;/ 'WO FROM: SUBJECT: Recommendations From City Council on Boards and Commissions I received the following recommendations from City Councilmembers: Mayor Malone Planning and Zoning Commission - Betty Waters, Chairman Recommends Council consider Hal Lawler remain on the Planning and Zoning Commission Mike Mosteit No recommendations for changes Chuck Engelken. District 2 Fire Code Review Committee - Richard Browder Recommends Council consider two alternates to be recommended by At-Large Members for the Planning and Zoning Commission Planning and Zoning Commission - Nick Barrera TIRZIRedevelopment - Peggy Antone Howard Ebow Planning and Zoning - Kirby Linscomb Page 2 . e James Warren Planning and Zoning - Needs a change due to redistricting - Hal Lawler no longer lives in his district. Dottie Kaminski is no longer in District 5, but resides in District 4. Board of Adjustments - Replace Willie Walker with Barbara Norwine. Charlie Young Still in the process of contacting citizens. May want to recommend changes to the Water Authority and Planning and Zoning Commission. Meismer Recoinmends two alternate members for the Planning and Zoning Commission - suggests Hal Lawler remain on the Planning and Zoning Commission Suggests City Manager consider Keith Trainer for the Civil Service Commission Griffiths No recommended changes Beasley Suggested City Manager consider Les Bird for a position on the Civil Service Commission /mg ,. , . e e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 7/21/03 Appropriation :=:1: M;:::: B9~ey~gdkeD Source of Funds: N/A Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Exhibits: Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION Receive report from Fill Dirt Committee. Next Meeting is scheduled for Friday, July 18, 2003, at 5:30 p.m. Action Reauired bv Council: No action required Appr~ved for City Council Aeenda r/2h~dLJ 1-/&-1J3 Date . e Back-up not required for this item e e REQUEST FOR CITY COUNciL AGENDA ITEM Aoorooriation Requested By: Source of Funds: Department: Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Flyer Amount 'Requested: Budgeted Ite.@ NO Exhibits: Exhibits: Aereements - Current Job Descriotions SUMMARY & RECOMMENDATION Consider, recommendation from the City Manager regarding agreements for an Interim Human'Resource Manager and Interim Planning Director. As briefed previously with City Council, in order to meet goals and objectives in a timely fashion, I proposed filling these two vacancies with temporary personnel. Budgets may allow reorganization within the City structure and the desire is not to hire additional employees at the executive/management level at this time. There are numerous individuals available to perfonn such functions. Example of one rum is attached as well as typical agreements. Additionally, the needs in the Planning area are such that a restructuring within that area as to procedures and policies may be warranted. The desire to create a "one stop shop" should streamline the process and aid in our service delivery as well as reputation in the development community. Finally, the needs in Human Resources have extensive exposure to the organization from a liability standpoint. Another independent review of this function should provide insight into our current processes and offer suggestions for improvement. Any individuals hired would not become a full-time, regular City employee unless a process of advertising and interviews was conducted in an open environment. Funds are available through frozenlbudgeted positions. It is expected to cost slightly less due to the contractual nature and not paying vacation and sick leave. Both to report to City Manager. Action Reauired bv Council: Approval for City Manager to proceed with the selection of the best available candidates. ~!.~~~~!~ 1-lh-03 Date exas First ' 'Group Replacement Service ' Interim Management Services · The ceis not committed to a long-term contract. The city can contract for the time period that best meets the, needs of the orgiihization and which also saves the city the expenses of fringe benefits of full time employment. · A contract gives the city the opportunity to receive feedback on the strengths and weaknesses of the organization. · Con~ract management'services will assure availability of profess~onal personnel upon short notice to eliminate the,operational "gap" when vacancies occur. · This arrangement gives the city the necessary time to properly seek and hire an individual as city manager or department head that best meets the needs of the organization and connll1Jnity. In contracting with Texas First Group, cities have available to them the experience, assistance, and resources of all personnel of the company at no additional cost. Charges for services may be contracted on an hourly basis, plus expenses. Expenses may include transportation, housing, and other direct out-of-pocket expenses. Rates and specific terms of the contract will be customized to fit the,needs of the client. Letters of recommendation and resumes of the company principals and,associates are available upon request. Also, representatives of Texas First Group are available to meet with the city to discuss a specific proposal. Texas ,First Group was created to provide interim management services for Tex~ municipalities. Texas First Group is owned and operated by Don Davis and Kerry Sweatt, who have over 65 years experience in public administration and over 50 years combined , service as city managers. Additionally, Texas First Group has a number of associates with well over 100 years of combined public administration experience. The company understands the problems of cities that are experiencing a management vac,anc}' and the need for staff leadership and assistance to the city council., , Often cities find themselves in a dilemma when faced with,a management vacancy. While the practice of appointing an ~xisting staff member to fill an interim position is common, such action may dilute that 'individual's abilitr to perform in either position. Consequently, the efficiency and effectiveness of the organization may be compromised. Texas First Group is able to place qualified, experienced individuals to serve in interim profC?ssional municipal positions. Contract city management services .offer the following advantages: '- ' r:J e e DRAFT City of La Porte 604 West Fairmont Parkway .~a Porte, Texas 77571 July 21, 2003 Dear Mr. This letter will serve as a temporary employment agreement between of , and the City of La Porte, 604 West Fairmont Parkway, La Porte, Texas 77571, regarding services for the City of La Porte. The services to be performed will include serving as Interim Planning Director for the City of La Porte, supervising code enforcement, building inspection, community development and related matters, which services shall include but not be limited to other duties as City may request. A general overview of anticipated duties is attached as Exhibit "A". Compensation for services received will be at a rate of $43 per hour. . It is hereby agreed and understood that these services will be performed as a temporary employee of the City and consequently, temporary employee shall not be entitled to all benefits available or granted to regular full time employees of the City. City agrees to pay for FICA and enroll temporary employee in the City's employee health insurance program and make available spouse, dependent and family coverage available under the same provisions available to regular full time employees. Appropriate waiting periods, pre-existing conditions and all other features of the City's plan shall apply. City also agrees to pay automobile mileage (at the current IRS rate) for trips related to the conduct of business anticipated by this agreement. The commute to and from temporary employee's residence is excluded. Otherwise, temporary employee agrees to file any required returns and pay any taxes, social security and other tax liabilities for compensation received from the City as provided herein. Temporary employee shall have no power to enter into any agreement on behalf of, or otherwise bind the City that is not appropriate to and available to the position of Director of Planning. The parties agree and acknowledge that may continue professional services and consultation work for other clients during the term of this agreement and acknowledge that time spent on such consultation will not be billed to the City. However, no activity, employment, venture, business or other pursuit of teinporary employee during the term of this agreeme;mt shall conflict with obligations under this Agreement or be adverse to the City's interests during the term of this Agreement. It . Notices to the parties shall be directed as follows: To the City: To: The parties specifically reserve the right to designate other addresses for notices in writing from time to time. This agreement constitutes the full and complete agreement of the parties, and all either prior and/or contemporaneous agreements between the parties have been merged herein. Any futln'e amendment of this agreement shall be in writing and shall require the written consent of both parties. It is understood by both parties that temporary employee's primary obligations are to the City of La Porte and that temporary employee is expected to average 40 hours per week with the City of La Porte. This Agreement and all rights and oblig~tions of temporary employee hereunder'are personal to temporary employee and may not be transferred or assigned at any tiine. Either the City or temporary employee may terminate this agreement for any reason, with or without cause, by giving notice in writing. The parties agree that the services made the basis of this agreement are of a short-term nature and that this agreement may be terminated at anytime, as determined by the City. Payment for hours worked and mileage reimbursement not yet compensated shall be the only compensation due upon termination of the agreement by either party. Temporary employee shall not divulge to others, any confidential information, knowledge, or data concerning or pertaining to the business and affairs of City, obtained as a result of his engagement hereunder, unless authorized, in writing, by City. If this employment agreement results in the temporary employee applying for and successfully receiving regular full time employment, the City shall credit the time covered by this agreement toward paid vacation and sick leave. The City does hereby indemnify and hold hannless from any claims or causes of action including the defense thereof that may be asserted for actions taken by for and on behalf of the City of La Porte during the term of this Agreement up to the amount of applicable policies of insurance insuring the City from liability for any such claim if claim had been asserted against the City. Any ambiguity or uncertainty in the services to be performed under this agreement shall be interpreted and construed by the City and its decision shall be final and binding upon all parties. The validity, interpretation, construction, and performance of this Agreement shall be governed by the laws of the State of Texas (except provisions governing the choice of law) and it is expressly stipulated and agreed that venue and jurisdiction for any claims related to this agreement shall be Harris County, Texas. e' -- No other agreements, representations or understandings (whether oral or written) which are not expressly set forth in this Agreement have been made or entered into by either party with respect to the subject matter of this Agreement. This Agreement contains the entire understanding of the parties with respect to the subject matter hereof. The signatures below constitute acceptance of this agreement. Temporary Employee Debra B. Feazelle, City Manager City of La Porte e Exhibit A e CITY OF LA PORTE DIRECTOR OF PLANNING #90001 JOB DESCRIPfION FLSA CLASSIFICATION: Exempt PAY GRADE: 038 DRF1NITION To plan, organize and direct the activities of the Planning Department including Engineering, Code Enforcement, the development process and long range planning activities; to supervise Department staff; to coordinate activities with other City departments and outside agencies; and to provide highly complex staff assistance to the City Manager and administration. STJPRRVTSION RRCRTVF.D AND RXRRCISRD Receives administrative direction from the City Manager. Exercise direct and indirect supervision over professional, technical and clerical staff. RSSRNTIA I. .IOR FlJNCTIONS Duties may include, but are not llinited to, the following: Direct and participate in the development and implementation of goals, objectives, policies and procedures related to the Planning Department. Plan, direct, and review all Engineering activities including surveying, drafting, planning, construction inspection and special projects. Plan, direct, and review all Code Enforcement functions including building inspection, building pennit issuance, code inspection and enforcement, and special programs such as dangerous building removal. Serve as technical advisor to the City Manager, Boards, Commissions and City Council on planning matters; develop comprehensive recommendations, memos and reports for management use. Prepare agendas and support materials for various commission and City Council meetings. Supervise and/or complete ordinance revisions. Coordinate capital improvement plans and programs. Revise and execute Master Plan. Coordinate City's economic development programs. Respond to and resolve difficult citizen inquiries and complaints. Coordinate development activities between developerslbuilders, staft: commissions and City Council. Review, evaluate and administer program goals and objectives developed by division managers. Direct and participate in the preparation and administration of the Department budget. Select, supervise, train and evaluate staff. Perform related duties as assigned. e .' DIRECTOR OF PLANNING JOB DESCRIPTION PAGE 2 PHVSTCA T. RRQIJIRRMRNTS For indefinite periods of time - mobility within a office and field environment; exposure to electrical hazards; writing; walking; typing; standing; squatting; sitting; seeing; meeling; grasping; crawling; climbing; cleaning; lifting and carrying up to IS pounds; reading; decision making; speaking; interfacing with the public; keen vision; clarity of hearing; communicating clearly and effectively, in person and by telephone; fine finger manipulation; operation of a personal computer, calculator, minor hand tools, and electrical testing devices; operating a motor vehicle through city traffic. QIJAT,TFTCATTONS Knowledge of: Procedures for planning, implementing, and maintaining a variety of activities and programs such as engineering, planning, surveying, drafting, inspection, and code enforcement Recent developments, current literature, and sources of infonnation related to planning administration and implementation. Principles and practices of organization, administration, and personnel management Land use planning, regulatory economic development, and growth techniques. Standard program evaluation methods and report writing procedures. Modem office practices, procedures, methods, and equipment. Ability to: Prepare and administer a Department budget. Communicate effectively, both orally and in writing. Interpret applicable laws, roles, and regulations. Prepare comprehensive reports and agendas for internal use and outside presentation. Select, supervise, train, and evaluate assigned staff. Establish and maintain effective working relationships with those contacted in the course of work. TRATNTN~ AND RXPRRTRNCR Six years of professional experience in engineering, planning or related work, including three years in an administrative capacity and a Bachelor's degree from an accredited college or university with major course work in Urban Planning. T.TCRNSRS AND CRRTTFTCATRS Must have a valid Texas Driver's License. The City of La Porte is an Equal Opportunity and Affll'mative Action Employer' of Qualified Individuals. I have read the job description above and can perform the job duties accommodation. (Circle One) with without any reasonable Witness: Supervisor's Signature Date Employee's Signature Date e e AGREEMENT FOR INTERIM SERVICES H-R A~~a. fr\ State of Texas County of Harris For good and valuable consideration, the receipt and sufficiency of which is hereby conclusively acknowledged, this agreement is made by and between the City of La Porte (hereinafter referred to as the "City") and (hereinafter referred to as ). The City hereby employs to provide personnel appropriate to handle Interim responsibilities. As an incident to such responsibilities, the person or persons assigned by shall have all powers and duties of the set forth in the City Charter, City Ordinances, City policy and procedures, and as further delegated by the City Council. The parties anticipate that shall principally handle the position during the term of this agreement. The parties agree and acknowledge that _ and/or may continue professional services and consultation work for other clients during the term of this agreement and acknowledge that time spent on such consultation will not be billed to the City. acknowledges that its provision of services is at the discretion of the City Council and that the City may terminate this agreement at its sole discretion. The hours of the work week for / shall be determined by the City Council and any hours billed to the City will be as agreed upon between the two parties. In consideration of its agreement, the City shall (1) Pay to the sum of $ .00 per hour for its services, with a minimum billing increment of thirty (30) minutes; (2) Reimburse / for any direct expense incurred in connection with providing services and consulting work performed for the City. will provide a billing statement to the City on a bi-weekly basis and such billing statement will be due and payable upon receipt thereof by the City. The City hereby agrees to indemnify and/or against any claim, course of action, damage, loss, or cost, including attorney's fees and expenses, resulting from or arising out of the services provided under this agreement to the extent such coverage is available to the City for employees acting within the scope of their employment under any existing insurance policy or policies. t e . AGREEMENT FOR INTERIM SERVICES Page 2 Notices to the parties shall be directed as follows: To the City: Debra B. Feazelle To: City Manager City of La Porte 604 West Fairmont Parkway La Porte, Texas 77571 The parties specifically reserve the right to designate other addresses for notices in writing from time to time. This agreement constitutes the full and complete agreement of the parties, and all either prior and/or contemporaneous agreements between the parties have been merged herein. Any future amendment of this agreement shall be in writing and shall require the written consent of both parties. This agreement is governed by and is to be construed and enforced in accordance with the laws of the State of Texas and of the United States. The parties agree and consent to the jurisdiction of the District Courts and County Courts at Law of Harris County, Texas and of the United State District Court for the Southern District of Texas and acknowledge that such courts shall constitute proper and convenient forums for the resolution of any actions among the parties with respect to the subject matter hereof. The parties further agree that such courts shall be the exclusive forums for the 'resolution of any actions among the parties with respect to the subject matter hereof. EXECUTED in duplicate originals to be effective on the _ day of ,2003. Debra B. Feazelle, City Manager City of La Porte, Texas Attest: e e , . . "" " " '( '\ , i' 1'1:"> ,.' ~ " ~ ': " I , l,' I n I ' ", ,'> ',< ,:' 'I U"',:;;>,"',':., I,CITM IOF I.:A:PORTE , " '" 0',,: ! , ! I " ti> 11,' ,~ I t I:, ~ ' , , ' . I . ,I I " ),' f " 0"_':1\ I, ' HUMAN ,RESOUJRCES MANAGER: #62001, It;'~'~ll';j:j!~~1ii~j;::{'I}:H~i^I~.;::!r:;_j~!j;:~;(;[;,i~ ,?l!;;: -/ iq,L!.r-Lii i"', :,!'h~':: :q" ':')l; .(,', ".. " I 'j ';j~~;: ,iri,j ;;tj<.i d' . 'l!iHj!\:~>:;'n,! I, ' FLSA 'ClJASSIFU::~:tION :,' Exempt }. . 1 t.' ", ',. _, _, ..1, ~., ' !' ,I Ii, !.!.>, :';"::"\':' ",': ,p.:i " " .'!r;.PAY"GRADE~:;025: ..... ":i"':' i. DEFINITION Manages daily operations of the Human Resources Division. Provides complex technical afld responsible staff assistance in personnel matters; performs varied and responsible operational, clerical, and administrative duties related to the City's human resources, risk management, safety and civil service pro'grams in a fast paced office environment. Presents information to City Management and City Council. SIIPF:RVISION RECEIVED 4ND EXERCISED Receives general supervision from the Director of Administrative Services. Exercises direct supervision over Human Resources support staff. Delegates various tasks to support staff. ESSENTIAl 1013 FIINCTIONS Adheres to City attendance and punctuality policies demonstrating dependability. Adheres to all City safety policies (protective equipment, pre-duty precautions checklist, etc.) to prevent unnecessary or unreasonable risk of injury to self, others, or property. Adheres to department dress code policies to present a professional appearance. Should exhibit appropriate grooming and attire for the position and responsibility. Duties may include, but are not limited to, the following: Provides general operational support to the Director of Administrative Services. Hires, trains, supervises, and evaluates clerical support staff. Prepares and monitors Human Resources Divisional & Employee Health Services Fund Budgets. Conducts investigations of employee complaints and follow up documents. Attends meetings (Executive Staff, City Council, Human Resources related etc. as needed with or as a representative of Department Director. Conducts periodic Compensation Study/Survey. Prepares and processes personnel action documents related to hiring, salary I adjustments, retirements, terminations, civil service, safety, and risk management matters. Oversees all disability claims and assist employees with medical claims. Oversees occupational injury reports and records; oversee the processing of Worker's Compensation claims and related actions. Oversees notification of applicant's interview and test results. -t' -; .- 'e' HUMAN RESOURCES MANAGER PAGE 2 'Oversees preparation of recruitment notices and advertisements in newspapers, magazines and special job bulletins., Oversees preparation of entrance and promotional, examinations. Oversees the administration and tabulation of examining applicants in written, shorthand, typing and performance tests. Composes and types correspondence, prepare' routine reports! recruitment announcements, arid other routine documents related to personnel activities. , , Plans, organizes, presents training programs for all classification levels of employees. Assists' in the coordination of the City's safety 'program. .' Performs related duties and special projects as assigned. PHYSICAL REQIIIREMENTS , - For indefinite periods of time - mobility within an ,office environment; writing; typing; standing; sorting; filing;' sitting; seeing; lifting and carrying up to 20 pound~; reading; reaching above 'shoulder level; using both hands for simple and firm grasping; clarity of hearing; communicating clearly and effectively, 'in person and by telephone; fine finger manipulation; operation of a personal computer, calcu!ator, copier, 'and printer, operation of a vehicle in city traffic. QllAlIFICA TIONS , , ' Knowledge of: , Microsoft Office 2000 (Word, Excel, Outlook, Access). IBM AS/400 and HTE Software. Modern office practices procedures, methods and equipment. , ' , Human resources and employment'laws, including, but not limited to EEOC, ADA, and FLSA. ' principles of supervision, training, and performance evaluations. , Ability to: . : Understand the organizati~n and operation of t!le City and outside'agencies as necessary to assume . assigned responsibilities. ' , ~Ian, coordinate and organize livork to meet deadlines. Analyze situations and adopt an effective course of action. Compose correspondence demonstrating proficiency in spelling, grammar, and punctuation. Work cooperatively with other ,departments and outside agencies.,' , : Operate standard office machines, including calculators, personal computer,. , Post data and make decisions in procedural matters without immediate supervision. Prepare and maintain accurate and complete records and reports. , 'Establish and maintain effec~ive working relationships with those contacted in the course of work. TRAII\III\IG AND EXPERIENCE' ,Three years of progressively responsible clerical and sl'pE'r\lisory experience includfng tlA'O years of personnE'I-~el~E'd work., A ,High Sc~ool Diploma, or GED is required, supplemented by spe{'ieli7ed -.. ~. . ' , , personnel,:q,a.,aoernent'l college ;evel ma~agement 'courses o~ t;ing. , A '~~c~elor's degr~~ , and/or Professional Human 'Resources Certification:is desirable. ' . ..- The City of La Porte is an Equal Opportunity Employer. (Circle One) ~ I 'have read the job description above and:'can perform the job duties reasonable 'accommodation. with without any Witness:SupeNisor's Signature Date Employee's Signature Date . .' '. e e e Back-up not required for this item tit '. e . REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 7/21/03 Requested By: Ma)'nrNnrm~... J' 'm 1-..11. Department: CitJ' CouRdl Appropriation Source of Funds: N/A Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Exhibits: Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION Mayor Malone to discuss the feasibility of having a Board for the Codes. Action Required bv Council: No action required '. \ Annroved for City Council Al!enda ~~~fiL/ 1- / Id-IJ~ Date . . Back-up not required for this item I e e I I I Federal Emergency, Management Agency I WASHINGTON I 500 C Street, SW I I Washington, D.C. 20472 I Phone: 202-646-4600 I www,fema.gov I REGION VI FEDERAL CENTER Federal Regional Center 800 N. Loop 288 Denton, TX 76209-3698 www,fema.gov/reg-vilindex.htm Harris County Rood Control Disbict 9900 Northwest Freeway Houston, TX 77092 Phone: 713-684-4000 www.hcfcd.org Tropical Stann Allison Recovery Project 16225 Park Ten Place, Suite 420 Houston, TX 77084 Phone: 281-579-4656 www.tsarp.org (I) ~ Harri,Caunly ~oacICanIrGIDilhi" I j I ! I ( I I I i r \ l ~ Harri,Caunly ~oacICanIroIDilhi" e WWW.TSARP.oRG Both agencies are using innovative scientific techniques to determine the current flood risks posed by streams and bayous throughout the county's approximate 1,700 square mile area, including 22 watersheds and 35 communities. The information developed as a result ofTSARP will be provided to the public, government officials and numerous other Harris County stakeholders, so that they can make informed, scientifically based flood management decisions about the places where they work and reside. ,- FEMA and the District have worked closely together in the past to identify major flooding sources and associated flood risks within Harris County, but never on such a scale. ~IS RP? e Tropical Stonn Allison Recovery Project In the aftermath of Tropical Storm Allison, the Federal Emergency Management Agency (FEMA) and the Harris County Flood Control District (the District) began a multi- year initiative called the Tropical Storm Allison Recovery Project (TSARP) that will comprehensively assess the flood risks associated with the major flooding sources within Harris County. TSARP e e e e J, If III ~I!! - ~ I:, ili".'~I;~ II. " I.,; . II _,I~~cl ,~,! iill e Ilitf_~1 e equaled or exceeded in any given year, as depicted on the FIRM (or floodplain) map. Additionally, approximately 64,000 property owners who did not carry flood insurance during Tropical Storm Allison experienced flooding. Put simply, even if you have never flooded before or the new floodplain maps do not identify you as being at a high risk, it is strongly recommended that you purchase flood insurance. FEMA's National Flood Insurance Program (NFIP) - of which every community in Harris County is a member- underwrites flood insurance for the entire nation. FEMA uses Flood Insurance Rate Maps (FIRMs or floodplain maps) to help determine flood risk zones and associated rates for flood insurance policies. ntE IMPACT OF NEW MAPs for particular areas have occurred to reflect changes in conditions resulting from things such as new land developments and the completion of flood damage reduction projects. These map updates were made with reference to the original data from the first comprehensive effort ,--,-,- ,---- I THE BENEF1TS OF 'lSARP : --"--- Better Tools for Drainage and Rood Damage Reduction Planning As a result ofTSARP, not only will Harris County's floodplains be entirely remapped, but brand new and more accurate data and computer models will be created using important advances in science and technology, WHERE TO LEARN MOlE 1 Log on to these websites for more infonnalion: Tropical Storm Allison Recovery Project www.tsarp.org For many, the new floodplain maps will have little or no impact on their flood zone designation and associated policy rate, and for some, their status may actually improve. However, it is possible that the map~ may show new boundaries that would cause flood insurance rates to rise in certain areas and/or require a homeowner to purchase flood insurance for the first time. ~ THE SCIENCE BEHIND'ISARP --.- ----.--- TSARP is a massive undertaking involving extensive use of a sophisticated laser technology called Light Detection And Ranging, commonly referred to as LiDAR, to map the ground's topography. Each of Harris County's 35 communities is responsible for planning and regulating new land development projects within their municipal boundaries. TSARP will provide access to more accurate flood risk information, and it will allow community planners and engineers to make decisions based on up-to-date technology and conditions. This is critically important as the population of Harris County continues to grow and new land development projects are considered, planned and constructed. In addition, the District will be able to use the TSARP products as new tools for planning and design of new flood damage reduction projects within Harris County. Federal Emergency Management Agency www.fema.gov Harris County Flood Control District www.hcfcd.org See back of brochure for additional contact info. FEMA and the NFIP are mindful that such changes can be unwelcome. For that reason, the NFIP has a "Grandfather Rule" that may allow alternative rating rules to benefit a given structure. Contact an insurance agent for more information. change in flood zone agree, In addition, if the new maps reflect a status with which a home or property owner does not they have the right to appeal the change to FEMA. Developed by NASA, this laser technology has already been successfully employed by FEMA on other important projects, including recovery efforts at Ground Zero after the 9-11 attacks. The use of LiDAR for TSARP involves directing millions oflaser beams toward the ground from low-flying aircraft, and measuring the time it takes for that light to bounce off the earth and back to the recording equipment on the plane. The measurable differences in the laser's bounce time represent different heights, or the relief, of the land. Enhanced Knowledge of Rood Risks Periods of heavy rain regularly occur in Harris County, an area prone historically to flooding. As a result, it is very important that citizens possess the best possible knowledge of their flood risks for their homes and businesses. The District and FEMA believe that the citizens of Harris County want to and should know what these risks are so that they can plan accordingly. Comprehensive Remapping of the County's Floodplains Flood www.TSARP.oRG ...it lIaniICaunIy Rood Canhol Oiltrid lbe Importance of Rood Insurance Consider these facts: Tropical Storm Allison dropped up to 35 inches of rain in some parts of Harris County, with 28 of those inches falling in 12 hours. As a result, approximately two-thirds of the areas that flooded were outside the 10/0 (100-year) floodplain. That is a floodplain occurring from rainfall that has a 10/0 chance of being The information generated by this laser technology, along with many other parameters, is used in computer models to estimate flood elevations. Flood elevations are then Insurance Rate Maps, commonly referred to as FIRMs or floodplain maps, show which areas of the county are at a higher risk of flooding than others. mapped on base topographic maps, also produced from the laser technology. This information becomes the basis of the new floodplain maps. During the late 1970s and early 198Os, the first comprehensive effort was undertaken to map the floodplains for major flooding sources in Harris County. Since that time, updates ~. 'j e . Tropical Storm Allison Recovery Project r~ARP) July 21, 2003 Presentation to The City of LaPorte f)~ ....lroIr lWr..IoIWrid Alisa Max, P .E. Assistant Division Manager, Communications HCFCD I>~ Description of Handouts 1 f)~ IIoriolMr 1IooIr.w1loldd I). ~ IIoriollolr IIooIr.nI"'" . e What We're Talking About Today: · Overview of Types of Flooding that Occur in Harris County · Tropical Storm Allison and Resulting Impacts · TSARP (Iropical ~torm Allison Recovery Project) Overview of Types of Flooding that Occur in Harris County 2 . e , Historical Perspective · Flooding occurred before settlers arrived · Flooding has occurred - 5 to 8 times per decade · Almost all houses that have flooded more than once were built in the 1960's and 1970's- success of National Flood Insurance Program 111\ ~' .~ Understanding Our Flooding ~ o Valley FIoodpI8ln o MaJor River FloodplaIn o .lIIIlIow floodplain o Coastal floodplain 3 " . e VALLEY FLOODPLAIN '1"" '. , ~ MAJOR RIVER FLOODPLAIN ~ 4 . e SHALLOW FLOODPLAIN " ~ ~ ~ 5 e e The 115thll Scenario PONDING/OVERLAND FLOW 5 .. Tropical Storm Allison and Resulting Impacts f)~ ~ 6 e e Tropical Storm Allison Rainfall Facts · Rainfall totals exceeded the t percent chance (tOO-year) storm for over half of Harris County · How badly you got hit depended upon where you were during the storm 7 e e June 5 - 9 5-Day Rainfall Totals 5-Day Rainfall Totals '. D ? .to s',inches. . r:.,.~".':.J ~ to'IU,!'lchc5 o 10 IO'I~ inches , '~~...>l i 5 .~o 20 inches _ 2() ~Io 25'}~ches _ 2'5 to 30 inches _ 30 t~.3~ itlches' . ~_ Oye~ 35 i~~~es <I).:~' ' , , , "",Cody ,~~ ,'~"""'o..h~ , The Numbers For the Flood ". Most flooding (-650/0) occurred outside of .. the 1 % ("100-year") floodplain as identified on current maps , · 118,000 teleregistrations by FEMA for assistance as of October (108,000 in Harris " County) , · 24,000 claims filed with the National Flood Insurance Program · 73,000 homes flooded in Harris County . · 95,000 cars flooded in Harris County <I.~, · Over $5 billion in damages !~! "" Cody ~ flocd(~w.:id'. 8 - e Next Allison: Only a Question of When And Where I>~ What is the Harris County Flood Control District Doing Now? Proceeding with Capital Improvements Plan, Home Buyout Program is accelerated and TSARP is Born! (TSARP is the Tropical Storm Allison Recovery Project) I> [~] Project done partnering with FEMA 9 e I>~ e' '~ ... r.Ir . . lIooIr.w1inl . -TSARP (Iropical ~torm Allison Recovery Project) TSARP Three Elements - Tropical Storm Allison Event Analysis - Harris County Restudy -Some streams added - Flood Risk Education 10 I>~ e e TSARP Benefits . Better Information Leads to Better Decisions - Better Information for Floodplain Administration Enforcement- e.g.: -No adverse impact of new development on existing development -New structures raised adequately to minimize flood risk. - Better Roadway Drainage System Designs - Better Bridge Designs - Better engineering tools made available - More accurate information to all 35 communities in Harris County to help them better plan for their future. 35 COMMUNITIES Unincorporated Harris County 11 -~- .~ I>~ ... r.Ir lIooIr.w1inl e e City Coordination Overwhelming Majority of Communities Showing Support Through: -Memorandum of Agreement - Assisting in Base Map Corrections or Concurrence - Participation in Stakeholders Committee Meetings TSARP Products Flood Recovery Tools Developed will Include: - Field Survey Data - UDAR topographical data, including 2- foot contours for the county (same . technology as used at Ground Zero) -Benchmark Control Network - Engineering Analyses of Flood Risk - Flood Profiles - Floodplain Boundary Mapping (i.e. updated FEMA Flood Insurance Rate Maps) 12 ._~. .~ f)~ ... eon, , lIooIr.w_ e . TSARP Project Schedule · Public Information Report June 2002 · Hydrologic & Hydraulic Late Summer, Modeling 2003 · Preliminary D-FIRMS Fall, 2003 (Digital Flood Insurance Rate Maps) & Start of Public Appeals Process · Publication of New Maps - 2004 Updated Floodplain Maps: - These are NOT new floodplains; they are better defined descriptions of the existing physical floodplains using improved technology and increased data - Maps are for Flood Insurance Rate purposes. Floodplains are defined by nature. 13 I>.~ 1Iorior./r . lIooIr.w_, e . - We do not know yet whether mapped floodplains will get larger or smaller for any given location - RECOMMEND NFIP (FEMA) FLOOD INSURANCE NOW - - Don't wait on grand fathering - Not included in Homeowners Insurance Policies - Flood insurance is not just for people living in the floodplain - anyone can flood! -Flood Insurance available through your local insurance agent from FEMA TropicaI.Storm Allison Recovery Project I>~ TSARP 16225 Park Ten Place . Houston, Texas 77084 (281) 579-4656 www.tsarp.org 14 of .. "J'" e, . Tropical Storm Allison Recovery Project Questions & Comments -~., .~. 15 . .' ~ NATIONAL , ALERT, I'UICID ~. : ._~ 'NSU.....a .~PIOGII.... .. .... -What 'is the Grandfather Rule? A community will occasionally make structural improvements (dams, levees, etc.) to reduce the potential effects of flooding; experience new development aggravating the flooding; situation, thereby expanding the floodplain; revise geographical boundaries resulting in the designation of additional flood hazard areas; or provide information to better delineate the Base Flood Elevation (BFE) andlor flood insurance risk zones. When these situations occur, the Flood Insurance ~ate Map (FIRM) is revised and republished. The implementation of a new FIRM raises the question- HOW DOES THE NEW MAP AFFECT FLOOD INSURANCE RATES? . EXISTING BUSINESS To recognize policyholders who have remained loyal customers of the NFIP by maintaining continuous coverage, the Federal Insurance Administration has "Grandfather rules" to allow such policyholders to benefit in. the rating for that building. For such buildings, the insured would have one option of using the current rating criteria for that property or having the premium rate determined by using the flood zone on the old map in effect when the coverage was first obtained (for those with continuous coverage). This results in a cost saving to insureds when the new map resulting from a map revision would result in a higher premium rate. 'Policies written to cover. either Post-FIRM or Pre-FIRM construction may be renewed and rated based on the FIRM and/or BFE in effect when the policy was initially rated as long as the coverage is continuous and the building has not been altered to make the reference level lower than the BFE on that FIRM. (Note: Alteration does not apply to Pre-FIRM construction or to risks grandfathered to a B, C, or X Zone.) NEW BUSINESS To recognize policyholders who have built in compliance with the FIRM, the Federal Insurance Administration has "Grandfather rules" to allow such policyholders to benefit in the rating for that building. For such buildings, the insured would have one option of using the current rating criteria for that property or having the premium rate determined by using the, BFE and lor the flood zone on the FIRM (old map) in effect when the building was originally constructed (for those built in compliance). This results in a cost saving to insured when the new map resulting from a map revision would result in a higher premium rate. Post-FIRM If a new policy is applied for, the rates can be basecl on the FIRM zone and the BFE on the old map in effect on the date the building was constructed providecl that: . The building was built in compliance with the map in effect at the time of construction; and . The building has not been altered in any way that has resulted in a reference level, for rating purposes, lower than the BFE on that FIRM (e.g., enclosing the area below an elevated building); and .. The building has not been substantially improved): The property owner or producer must provide proper documentation. The documentation must show: . the date of the FIRM; . the zone on that FIRM in which the property is located; the BFE, if any, for that zone,; . a copy of the map panel showing the location of the building; . and the rating element that is to be grandfathered. A letter from the community official verifying this information also is acceptable. Pre-FIRM This "built in compliance" rule also applies to Pre-FIRM construction if the date of constructions was on or before December 31, 1974, and was on or after the initial FIRM date. FOR MORE INFoRMAnON, REFER TO THE FLOOD INSURANCE MANUAL, RATE flAGE 21 'If - . "' --#-------~----- ", ------ ---.--- -----,..- - - - - -- -...- -- - - - -.- - - - - - - -#-------.-- --- . Page 1 of 1 e e / fJf /HI' 5 () c) 'Ii.. /11 ~ G r'" ",t- .r:tt/6'~ ,#() 5V blrf t_~ ,'NS file:// A:\MVC-002S.JPG 6/23/03 e e I 1if6'S Pc 'S\MPSon'~ 6A~AQ..O Loo ~IN~ Noc.+h e e ---- - - ....-.--., - ~hQ4l\" -n f\A.,r ~O\J + '" II ~ Pr<-\t..,/ A- tt.() ~ok.\J'\5 e e . ~\,\t'\C O\~\t..s ""',ne.r- L.oo\C.\n~ ~o~ Ok M-~. O\c..lc.4J\S D\n..-r \ ~ N6~ 't\9r\f c,.:)o-~ ufJ ~ F6"CL. e e -, .. .~;,., ~-:..i' \,ji j: :.-;- .,... .. -=--"""'l_ - - -, .AlL' -=- .; r"-;.'::~ 1',.-.... .:--- ~ ,~~tlt:~~ -: v. .-- - -- - J ',.. t. Il( ... -.- -~ ~ of' ~ ~ - , ....;;,..... .'--'{ .J~.;.:..,,-- - ..~~,., . ~" . . . ",..<..""., '.....~.. .~.._,."" ~........... .. ."''<U'. . . .... . ...... -~- . ..'. ~'.~{ ~.~:.,. ,""".""' ...".. "lit;. . ~ ~ - IO.l ," ..' -- ,........ ?t:>~n O~ ~or~ L.. rM-(l. - 0\ e,\c.-e ~ LA~O e e t~9r\1.\ Q,~ I\t\e.,.... M~. D\~~"S l.OO\C-\C'j e~-r +0 e e l'J ~4,..n -r&refS~ +u c.. \c.. ~fZ.~t-..J+ ~\~SQ~J. \~ aJJ:, · Page 1 of 1 e e 'WI II L~;. ill) S /II,. T, iv dI<.. W8s-l 1$1f/.. truJ f/tJ u S P' H }) I~t. ,,'.,vs file:// A:\MVC-004S.JPG 6/23/03 Page I of I e e -,- H-:.:..-l .~~'r ..~ ... . ~ ~~~F-.<_ ~~ ,co, ,~'C'" ~> ~ .... .. t?f\t"-~I\fZ.D ~DkJ~" w~s-r ~-!>"OL file:11 A:\MVC-006S.JPG 6/21/03 e e ~ou~ No ETh of r. L.. Page 1 of 1 e e :) t', I I; . ,.' ,," 8~ 6:5.1 Nr ~ I FftoN~ "~Y'O &'OOIc."\S ~~ ST tI-t-01- ~\\tfrt.L..1 s -r1~C.( ~\lc.'N9 '"' rtt.o.~o....., M 4 A4 \ L file://C:\My Documents\MVC-047SJPG 6/21/03 Page I 0 f 1 e e I I L_ ftlO~~ of ~,,!.~ Loo"IN't No,.""" &~~T ~~c"\.. '~'... .i,.~ . ...: - - 9-~-f)1- file:11 A:\MVC-O 15S.JPG 6/21/03 Page 1 of 1 e e W ~+eC1 \~ ~A-a.A ~~ Luo~~q fJO,"", ~... ~.. 01,-. file:// A:\MVC-004S.JPG 6/21/03 e e ~ \ --- ~.e.,SP, CSt M. p.s ~ --.J ~ PrL.k.'1 p,r l.c>o Ll t\.~ e~ST . e ,. ~ -" _..:::1,- ~ --:."'. -:~~ ~ F (lo~-f:, YAtLO file://A:\MVC-OllS.JPG Page 1 of 1 e .., ":. .. r \...: f ,f . . . . . ~~~"~.~ . .. ~ ~ L,oo~, ~ 61 ~Do-&k ~ - CO.. tJ'to 6/21/03 e e tJ o(l~ Of (l,hfWl,.~e~ ..,--, ~-tr Lo~\ N' ~"r~~ · Page 1 of 1 e - (J? r t:iVlRL /J.I1~). ~ 4'/Utt5 L.IJ~",vs Iff b ,"lk ,'"vS Dil'~ file:// A:\MVC-OO 1 S.JPG 6/23/03 e . City of La Porte Interoffice Memorandum From: Debra Brooks Feazelle, City Manager To: Mayor and City Council Date: . June 17, 2003 Subject: Building and Standards Commission Ordinance Enclosed for your review is a memorandum regarding the Buildings and Standards Commission Ordinance. This proposed procedure may aid the city in its search for fair and consistent enforcement of building and code ordinances. John Armstrong will make a presentation to City Council at the Council Meeting on June 23. John will be prepared to answer any questions Council may have. ' Enclosure (1) DBF:cns 'e . Askins & Armstrong~ P.C. Attorneys at Law 702 West Fairmant Parkway La Parle, Texas 77571 City of La Porte Memo RECEIVED To: Debra Brooks E John Joer From: "I JUN ""13'208:1" > ;. . '-,~- .r,.' .' . ". . " ,.;~.~. ::~.:~ ',:.: .1;,ifi CITY MANAGER':S<:' .<~.:.d~! OF'F"CE'..::;:." "".':i"'~' "f.: I..: "_. ....~......;. -,~ Buildings and Standards Commission Ordinance .,' :~,"_.:. ~,:.:> .,:>. .~: ....',}i~~; Date: Re: Please find attached my initial draft of the Buildings and Standards Commission Ordinance together with my original opinion letter regarding same. I have no pride of ..:,;::r, '-.t .' '~~~~~rship',~9,.please .feel.Aree to liberally edit and/or change, the la~~.u~g~ and/or ',,'. . " ooncepts withiJ:1. the ordinance.- " . . ..", , .' . ! . As you will be able to ascertain, the proposed ordinance is quite complex. However, the ordinance includes concepts that greatly enhance the ability. of the Code Enforcement Division to ''fix'' substandard structures and/or get the property owner to ''fix'' them. As you have requested, all provisions relating to Dangerous ijyild.ing demolition have been removed from the ordinance, other than the clean-up ofdebns provisions. ..."'. . . :;.' Let me know what you think. I'll be available to answer questions, .,or make. 'Iegal revisions to the ordinance per your instructions in preparation for the June 23, 2003 workshop meeting when we can discuss further how this commission might operate and function. '" " I ..-.... 4..... . :~. '.. . t....t' : '\1." . ,'. . ":f! " . ; . '. """. " '. . Page 1 e . ASKINS & ARMSTRONG, P.C. ATTORNEYS AT LAW 702.W. FAIRMONT PARKWAY P. O. BOX 1218 LA PORTE, TEXAS 77572-1218 KNOX W. ASKINS JOHN D. ARMSTRONG CLARK T. ASKINS TELEPHONE 281 471-1886 TELECOPIER 281471-2047 E-MAIL: kwaskinstll)aol.com iohn-atll)swbell.net ctaskinstll)swbell.net June 12, 2003 Debra Brooks Feazelle, City Manager City of La Porte 604 W. Fairmont Pkwy. La Porte RE: Proposed Decriminalization of Code Enforcement Cases in the City of La Porte. ", .' ..' Dear Ms. Feazelle: f~:J~' ': . ';."' ......t By viewing recent changes in the state law, and by looking at the experiences of ... other cities, I have discovered a procedure that might aid the City of La Porte in the fair and uniform application and enforcement of its building and code ordinances. I have proposed (in draft form) creation of a Building and Standards Commission. I have also proposed that this Commission work to enforce the Ci~y of La Porte's currently adopted Housing Code, or in the alternative, that the Commission enforce a newly adopted set" of minimum building standards. If this procedure is utilized, the City of La Porte would be 'able to add a tool to its enforcement arsenal, and at the same time the City of La Porte would be able to stop making criminals out of people who are involved in code enforcement violations. Rather, by utilizing the Building and ~tandard~. Co~missio~ procedure, civil enforcement of La Porte's code enforcement ordinances woilld be accomplished. For that reason alone, I think that consideration of this procedure IS merited. ' In, addition, I also feel that the Building and Standards Commission (which would bea.~itizen. board appointed by City Council) will, under my proposal, be charged with going 'straight to the heart of a problem that has existed in our community for some time, Le. the cleanup of unsightly and/or unsafe property. In Municipal Court, the law only allows the Municipal Prosecutor to seek the imposition of criminal fines against owners of property not maintained in an acceptable condition. As prosecutor, I have attempted to secure voluntary compliance with the City's codes and ordinances by negotiating with violators. This procedure proves to be cumbersome, and time-consuming. If negotiation fails, or if the violator is recalcitrant, then the case proceeds to trial. As, has often occurred. in the past, even if the Prosecutor is successful in gaining a conviction and having a maximum fine imposed upon a defendant code violator, a defendant merely goes to county court e . and accepts a slap on the wrist, and never is forced to correct the code enforcement problem. Under the Building and Standards Commission approach, if a code violation is determined to .exist after a due process hearing in front of the Commission, then the Commission issues an order requiring the cleanup. If the violator at that point fails to comply with the order, then the City may cleanup the property and impose a lien, or the City may still go to Municipal Court and seek criminal sanctions for the violators willful failure to abide by the order of the Building and Standards Commission. .. Finally, technical concerns are removed from enforcement of the City's ordinances when the Building and Standards Commission approach is utilized. Selective enforcement is obviated as an issue, since the civil standard of enforcement is utilized as opposed to a criminal standard. In addition, the requirement that the City prove intentional violation of its ordinances is removed when a civil standard is applied in front of the Building and Standards Commission. Thus, the end result is that the Building and Standards Commission would be able to focus exclusively on the cleanup of property within the City, and would not be constrained by technical and legal requirements' that sometimes obfuscate clean-up issues, and that sometimes further allow defendants to delay the clean-up of their property, or avoid it altogether. As the Municipal Court continues to feel the strain of a burgeoni"ng caseload, this effort to decriminalize code enforcement cases hopefully would have a positive impact on the docket pressures that constantly exist in the Court. However, the Municipal Court still retains jurisdiction over criminal aspects of code cases. Nothing is changed in that regard, rather, under this approach, the civil avenue is available as a first resort. If YC)u have any questions or comments, please do not hesitate to call or write. As always, it is an honor to be working with you, and I remain, JDA:sw cc: John Joerns, Asst. City Manager Doug Kneupper, Director of Planning Knox W. Askins, City Attorney A. e . .' SECTION 3. BUILDING AND STANDARDS COMMISSION Section 3.01. Commission created. The building and standards Commission of the' city is hereby created. The Commission shall function pursuant to subchapter C of chapter 54 of the Texas Local Government Article for the purpose of hearing and determining cases concerning alleged violations of ordinances relating to dangerously damaged or deteriorated buildings or improvements, or conditions caused by accumulations of refuse, vegetation, or other matter that creates breeding and'living places for insects and rodents. Section 3.02. Members; terms. (a) The Commission shall consist of five (5) regular and two (2) 'alternate members who shall be appointed by the mayor and confirmed by the city council. Members of the Zoning Board of Adjustment may be appointed to serve on the Commission concurrently with their terms on the Zoning Board of Adjustment. (b) Each member shall serve for a term of three (3) years ~nd shall hold over until the member's successor is qualified. Each regular Commission position "shall be numbered consecutively as positions One through Five, and each alternate position shall be numbered consecutively as positions One through Two. The members of each panel, regular and alternate, shall be appointed to a specific numbered position. The initial terms of 'each position shall begin on the first day of June, 2000, with the initial terms of even numb~red positions ending on the last day of May three years following, and the terms of odd-numbered positions ending on the last day of May two years following. (c) A member may be removed as provided in Section 54.033(c) of the Texas Local Government Article. (d) A vacancy in any position shall be filled for the remainder of the unexpired term. (e) A quorum of a Commission panel consists of four' (4) members" and no case before a panel shall be heard by fewer than four (4) members. Alternate members shall serve in the absence of regular members when requested to do so by the mayor~ The concurrence of four (4) members of each Commission panel is required for the issuance of an order of the Commission panel. (f) The Commission shall elect a chairman and vice chairman at its first meeting of each calendar year, and may reconvene from time to time to remove or replace officers by majority vote of the regular and alternate members of the Commission. Page 1 e . Section 3.03. Hearings. (a) The city attorney shall review for legal form and substance and the Commission shall adopt rules in accordance with this Article for the conduct of the meetings of the Commission, and of any hearings, re-hearings and other proceedings. The rules shall be consistent with applicable law, this Article and the duties of the Commission. Without limitation, the rules shall ensure that persons required to appear before a Commission panel receive notice as provided by law, have the right to legal counsel (although legal counsel shall not be required) and have the right to pre'sent evidence and cross-examine witnesses presented against them. (b) All cases before the Commission shall be presented by the Director of Planning of the City, or his designee. (c) The Planning Director or his designee shall designate a city employee who shall function as the recording secretary, maintain the office of the Commission and keep the minutes, records and .files of the Commission panels as required by law. (d) Meetings of the Commission shall be held at the call of the chairman and at other times as determined by the Commission. All meetings shall be open to the public to the extent required by Chapter 551 of the Texas Gover~ment Article. (e) The chairman, or in the chairman's absence, each acting chairman, may administer oaths and issue subpoenas to compel the attendance of witnesses. Any request for a subpoena shall be in writing and state the purpose for and relevancy of the. intended witness and any documents requested. Requests for subpoenas may be denied by each chairman or acting chairman for valid cause noted upon the minutes of the Commission. (f) Notice of all proceedings before the Commission shall be given by mail, posting and publication as provided by Section 54.035 of the Texas Local.Government Article. (g) The Commission shall have full authority to issue orders as provided in Section 54.036 of the Texas Local Government Article relating to alleged violations of ordinances relating to dangerously damaged or deteriorated buildings or improvements, or conditions caused by accumulations of refuse, vegetation, or other matter that creates breeding and living places for insects and rodents. (h) No testimony or other evidence provided by any person in a hearing conducted under this Article may be utilized in any criminal prosecution against that person under this Article. (i) Hearings conducted by the Commission shall be recorded by court reporter, video recorder or such other means as the Commission may determine to Page 2 e . ensure that a record is available for judicial review under Section 54.039 of the Texas Local Government Article. Section 3.04. Orders; appeals. (a) The Commission may: (1) Order the repair, within a fixed period of time, of buildings found to be dangerous buildings in violation of city ordinances; (2) Declare a building to be substandard in accordance with the powers granted by subchapter C of chapter 54 of the Texas Local Government Article; (3) Order, in an appropriate case, the immediate removal of persons or property found on private property, enter on private property to secure the removal if it is determined that conditions exist on the property that constitute a violation of an ordinance, and order action to be taken as necessary to remedy, alleviate, or remove any substandard and dangerous building found to exist; (4) Issue orders or directives to any peace officer of the state, including a sheriff, constable or the chief of police, to enforce and carry out the lawful orders or directives of the Commission; and (5) Determine the amount and duration of the civil penalty the city may recover as provided by Section 54.017 of the Texas Local Government Article. (b) Notice of each order issued by the Commission shall be given by mail and by publication and filed in the city secretary's office as provided in Section 54.039(a) of the Texas Local Government Article. (c) Unless a judicial review petition is timely filed as provided by Section 54.039 of the Texas Local Government Article, the orders of the Commission shall in all things be final and binding. Section 3.05. Duties of the city attorney. (a) The city attorney shall attend Commission meetings and hearings and render legal counsel to the chairman, or acting chairman of the Commission. (b) In accordance with Section 54.037 of the Texas Local Government Article, the city attorney may initiate and prosecute suits to enforce civil penalty orders issued by the Commission panels. Page 3 . . (c) The city attorney shall defend all appeals initiated by a person aggrieved by an order of the Commission. (d) The city attorney shall render such other services, consistent with this Article and subchapter C of the Texas Local Government Article necessary or desirable to ensure the prompt and efficient utilization of this Article. (e) The city attorney shall prosecute all persons failing to comply with the terms of the notices and orders provided for in this Article; (f) The city attorney shall bring suit to collect all municipal charges, liens or costs incurred by the city in preparing or causing to be vacated, demolished, secured, or repaired dangerous buildings; (g) The city attorney shall be authorized to bring and prosecute civil actions pursuant to subchapter B of chapter 54 of the Texas Local Government Article and under any other applicable law for the enforcement of the ordinances provided for in this Article in any court of competent jurisdiction; and (h) The city attorney shall take such other legal action as is necessary to carry out the terms and provisions of this Article. Section 3.06. Article cumulative. (a) This Article is cumulative of all other available remedies, including but not limited to criminal prosecution, the initiation of civil suits by the city for the abatement of dangerous building conditions, and the administrative hearing process conducted under 'this Article. (b) This Article shall be cumulative of all other ordinances, laws and applicable regulations. Without limitation of the generality of the foregoing, any action to secure, repair or demolish a structure that is ordered pursuant to this Article must comply with all applicable requirements of the Article of Ordinances of the City of La Porte. Section 3.07. Scope. (a) The provIsions of this Article shall apply to the construction, re-construction, alteration, repair, renewal, equipping, use and occupancy, main- tenance, removal, securing, vacating and demolition of every structure or building or any appurtenances connected or attached thereto. (b) Without limitation of the above, the provisions of this Article shall apply to all buildings regardless of when they were constructed, altered or repaired, except as may be otherwise provided herein. Page 4 e e Section 3.09. Penalty for violations. Unless a different penalty is specifically provided elsewhere in this Article, any person violating any provision of this Article shall be deemed guilty of a misdemeanor; and, upon conviction, shall be fined not less than $250.00 nor more than $2,000.00. Each day a violation continues shall constitute a separate offense. It shall be an affir- mative defense to prosecution under this Article that compliance with this Article or any order issued pursuant hereto was prevented as a result of the time for review and appeal following application for a building permit for mandatory repair pursuant to this Article. Section 3.10. Powers and duties of building official. (a) The building official or his designee has responsibility for the enforcement of this Article, as more particularly provided herein. (b) The building official, upon presentation of proper identification to the owner, agent or tenant in charge of a property, may enter the premises at any reasonable time; provided that, in cases of emergency where extreme hazards are known to exist that may involve imminent injury to persons, loss of life or severe property damage, the building official may enter the premises at any time upon presentation of proper identification. Whenever the building official is denied admission to inspect any premises, inspection shall be made only under authority of a warrant issued by magistrate authorizing the inspection for violations of this Article. In applying for such a warrant, the building official shall submit to the magistrate an affidavit setting forth the reason to believe that a violation of this Article exists with respect ,to the prqperty sought to be inspected and the reasons for such belief. The affidavit shall des- ignate the location of the property sought to be inspected and the name of the person believed to be the owner, operator or occupant thereof. If the magistrate finds that probable cause exists for a search of the premises in question the magistrate shall issue a warrant authorizing the search, and describing the premises with sufficient certainty to identify it. Any warrant so issued shall constitute authority for the building official to enter and inspect and gather evidence by any reasonable means including photography, video tape, and procuring samples and specimens of the premises de- scribed therein. It shall be unlawful for any person to interfere with or refuse to permit entry or inspection pursuant to a warrant. Section 3.11. Alternative notices posted. If the official charged with posting a notice or placard on property reasonably believes it will present a danger to post any notice or placard in the manner otherwise required, the official charged with posting such notice or placard may post such notice or placard in any manner reasonably likely to accomplish the intent of such notice or placard. Page 5 .. e e Section 3.12. Landlord/tenant. The terms of this Article shall not be constructed to alter the terms of any lease or other agreement between landlord and tenant or others relating to property that is the subject of this Article; provided that no provision of any lease or other agreement shall be construed to excuse compliance with this Article by any person. It is the intent of this Article to identify the parties the city will hold responsible for compli~nce with and violations of this Article, rather than to determine the rights and liabilities of persons under agreements to which the city is not a party. MINIMUM BUILDING STANDARDS Section 4.01 Minimum standards generally; penalty; responsibilities of others and occupants. (a) It shall be unlawful for any person to knowingly allow or suffer a building, structure or property of which he has ownership, control or possession to be kept or used in violation of this Article. (b) Both owners and occupants are subject to all penal provisions of this Article as they apply to such parties. (c) The owner or occupant of a building or property shall not use the building or property for the open storage of any dead trees, trash, or refuse, or of any glass or building material, or of any inoperable icebox, refrigerator, stove, boat, or any similar items. For the purposes of this Section, "inoperable" means being in a state of disrepair or otherwise reasonably incapable of being used for its intended purpose. It shall be the duty and responsibility of every owner or occupant to keep the property clean and to remove from the premises all such items described above. It is an affirmative defense to prosecution for storage of an inoperable or prohibited item hereunder that a person is licensed by the proper authorities, pursuant to applicable statute, ordinance or regulation, to store such item in the manner in which it was being stored at the time of citation therefor. (d) A violation of this Article shall not of itself create a negligence per se standard or otherwise expand existing liability in tort for either landlord or tenant. ' (e) No person shall occupy or let to another for occupancy, any building, structure or portion thereof that has been ordered vacated pursuant to this Article. (f) The provisions of this Article shall apply to manufactured homes and house trailers to the extent allowed by law. Page 6 e e (g) Health and Safety Standards. An owner shall: (1) Take effective action to substantially eliminate insects, rodents, ectoparasites or other pests in or on the premises; (2) Provide any dwelling, dwelling unit or guest room with a screen for keeping out insects at each opening of the building if the building is not cooled with 'refrigerated air; (3) Maintain the interior of a vacant building or vacant portion of a building free from rubbish and garbage; (4) Properly grade the property surrounding a building to obtain thorough drainage and to prevent the accumulation of stagnant wa- ter on the owner's property or on surrounding properties; (5) Comply with all applicable building and property requirements of Chapter 34, Environment; Chapter 38, Fire Prevention and Protection; Chapter 82, Buildings and Building Regulations; and Chapter 106, Zoning, of the Article of Ordinances of the City of La Porte. (h) It is an affirmative defense to a prosecution of an owner for violation of this S'ection that: (1) The premises concerned is the site of new' construction and reasonable and continuous progress is being made to complete the construction, or (2) With respect to subsections involving a landlord/tenant relationship that: . The applicable utilities were disconnected from the premises if the owner was legally authorized to cause the termination of utility service to an applicable rental unit because of non-payment of rent, and . The tenant did not pay the utilities directly to the utility company, and . The premises otherwise were in substantial compliance with this Article, or (3) The substandard condition was not capable of discovery by the owner upon reasonable investigation or inspection. Page 7 . . Section 4.02. Responsibilities of occupant. (a) An occupant, in connection with the portion of a building under the occupant's control, shall: (1) Keep the premises free from rubbish, garbage and other conditions that would encourage infestation of insects, ectoparasites. rodents or pests; (2) Not use or alter a building or its facilities so as to create a violation of this Article. (b) With respect to single-family residential buildings, if the owner shows that the building was treated to eliminate insects, ectoparasites, rodents and other pests by a duly licensed exterminator within either (i) two (2) weeks before the date the resident took occupancy, or (ii) the preceding six (6) months if there has been more than one (1) residential lease during the preceding six (6) months, then the resident of the building shall be responsible for keeping the interior of the building free from insects, ectoparasites, rodents and other pests. Section 4.03. Retaliation against residents prohibited. An owner or operator commits an offense by retaliating against a resident for reporting potential violations of this Article. Without limitation of the foregoing, the actions constituting retaliation set forth in Section 92.057 of the Texas Property Article, as may be amended from time to time, are hereby incorporated by reference and shall constitute events of retaliation under this Section. In addition, the defenses to prosecution set forth under Section 92.057 of the Texas Property Article shall constitute defenses to prosecution hereunder. Section 4.04. Enforcement of minimum standards. Upon discovery of a violation of this Article, the building official may issue a municipal citation to the violator, enforceable in municipal court. The building official shall first issue a written warning to the violator instructing the violator of the violation and providing an opportunity to cure the violation, unless it is determined, based upon the nature of the violation, that immediate action is required to protect the health, safety, and welfare of the public. Failure to give such notice shall not preclude the issuance of a municipal citation for the violation. Section 4.05. Notice of hearing. As an alternative to the process described in the preceding Section 4.04 of this Article, if a premises, building, structure, or portion thereof has, upon inspection, been discovered to be in violation of this Article, the building official may schedule a hearing concerning the violation to be held before the Buildings and Standards Commission Page 8 . e (the "Commission"). The building official shall serve written notice of the hearing by personal service, or by c~rtified mail, return receipt requested, on all persons having an interest in the property (as shown by the real property records of Harris County) and all occupants thereof. The notice shall be mailed at least ten (10) days prior to the date set for the hearing and shall inform such persons that a hearing will be held regarding the violation. Notice shall set forth the specific conditions that render the premises, building, structure, or portion thereof to be in violation of the standards set forth in this Article. Notice of the hearing shall also be posted on the building, or if no building, on the premises. If the address of any person having an interest in the property as shown in the real property records is unknown, or if notice to any person having an interest in the property is returned undelivered, a copy of such notice shall be posted in a conspicuous place on the property on which the building is located. The posting of such notice shall constitute notice to any person having an interest in the property who does not receive personal notice or notice by mail. In addition, the city may file notice of the hearing in .the real property records of the county in which the property is located. The notice must contain the name and address of the owner of the affected property if that information can be determined from a reasonable search of the instruments on file in the office of the county clerk, a legal description of the affected property, and a description of the hearing. The filing of the notice is binding on subsequent grantees, lienholders, or other transferees of an interest in the property who acquire an interest after the filing of the notice, and constitutes notice of the hearing on any subsequent recipient of any interest in the property who acquires such interest after the filing of the notice. Section 4.06. Hearings. (a) Commission hearings relating to violations of this Article shall be carried out in accordance with the applicable provisions of Section 3.03 of this Article. Unless otherwise provided in this Article, the notice for Commission hearings shall comply with the provisions of Section 4.05 of this Article. At Commission hearings, the city may seek an order requiring the premises, building, structure or portion thereof to be vacated, secured, repaired, demolished or cleaned up or otherwise requiring action appropriate to remedy the conditions constituting a violation of this Article upon a finding that the premises, building, structure, or portion thereof is in violation of this Article. Consistent with the provisions of this Article, the Commission by order may: (1) Declare a building substandard in violation of this Article; (2) Order the repair, within a fixed period, of buildings found to be in violation of this Article; (3) Order, in an appropriate case, the immediate removal of persons or property found on private property, enter on private property to secure the removal if it is detected that conditions exist on the property that constitute a violation of this Article, and order action Page 9 . e to be taken as necessary to remedy, alleviate, or remove any substandard building found to exist; (4) Issue orders or directives to any peace officer of the state, including a sheriff, constable, or the chief of police, to enforce and carry out the lawful order or directives of the Commission; and (5) Determine the amount and duration of the civil penalty the city may recover as provided by Section 54.017 of the Texas Local Government Article. The provision of notice, the finality of Commission orders, and the duties of the city attorney at Commission hearings shall be governed by the provisions of this Article. (b) In the event a determination is made pursuant to subsection (a) above that a building is in violation of this Article, the order issued with respect to the building hereunder shall allow for no less than one hundred eighty (180) days to correct the violation if the owner of the building shows to the Commission or the Commission, as applicable, that the owner (1) Is disabled within the meaning of such term under Texas Property Tax Article, Section 11.13(m), (2) Is at least sixty-five (65) years of age, or (3) Resides in the building with one (1) or more of the person's minor children; Provided that, the building giving rise to the order qualifies as the owner's lawful homestead under applicable state law and the owner's annual family income is considered "very low income," as such term is defined in 24 CFR Section 813.102 as computed for the city for purposes of Section 8 of the United States Housing Act of 1937. A person so qualified may be represented at hearings by the person's duly authorized representative, in the same manner as provided for other property owners. This Section shall not be applicable in cases in which the Commission or the Commission determines an imminent danger to health and safety exists with respect to the applicable building. In addition, as soon as practicable following the issuance of an order, the building official shall provide an owner qualifying under this subsection with any available information regarding the availability of assistance for housing renovation through the city's Planning Department. Page 10 . It Section 4.07. Placarding. Following a hearing and determination of a violation of this Article, the building official shall cause to be posted at an entrance to the premises a notice containing the following or substantially similar language: THESE PREMISES HAVE BEEN DETERMINED TO BE IN VIOLATION OF THE MINIMUM BUILDING STANDARDS OF THE CITY OF LA PORTE, AND THEIR USE OR OCCUPANCY IN VIOLATION OF THE ORDER OF (here the notice shall set forth the applicable ordering authority) IS PROHIBITED. The notice shall remain posted until the actions required in the order are performed or demolition is completed. It shall be unlawful for any person to remove the notice without written permission of the building official, if the building or structure is ordered vacated, for any person to enter the building or structure in violation of the order except for the purpose of securing, carrying out the ordered actions, or demolishing the building or structure. If the building or structure is ordered to be vacated, the Planning Director may order a utility hold on its utilities to take effect at the time the vacating is ordered to take place. Section 4.08. Certificate of compliance. The building official shall issue a certificate of compliance after receipt by the building official of an inspection report that shows no violation exists or that violations previously found to exist have been eliminated. A certificate of compliance shall. be effective and continue in force thereafter until the building official makes further inspec- tion and determines that a violation of this Article exists. Section 4.09. Action by city authorized; administrative expenses; lien. If a person fails, neglects or refuses to comply with an order issued pursuant to this Article, the city may perform any and all work as may be required to bring the property into compliance with the applicable order, and the city's expenses related to such work shall constitute a lien against the property. In addition, it shall be unlawful for any person to fail to comply with an order issued pursuant to this Article. (a) The city council hereby finds and declares that the general administrative expenses of inspecting buildings, locating owners, conducting hearings, issuing notices and orders, together with all associated administrative actions, require the charge of not less than four hundred fifty dollars ($450.00) for each lot, adjacent lots under common ownership, or tract of land for which an order is issued under this Article, and such minimum charge is hereby established and declared to be the charge for such administrative expenses to be assessed in each instance where the city secures, repairs, or performs other work in connection with an order or contracts for such services thereon. Notwithstanding any tabulation of recorded costs, a charge of not Page 11 . e less than four hundred fifty dollars ($450.00) is hereby expressly stated to be a minimum charge. Further, the costs of securing, repairing, or performing bther work in connection with an order either by the city or by persons doing so under contract with the city, shall be separately calculated and assessed in each instance in which the city takes the described action pursuant to this Article. (b) The building official shall certify all administrative expenses and costs of vacating, securing, or repairing a building or buildings incurred by the city or by persons doing so under contract with the city as a charge that shall be assessed the owners thereof, and shall constitute a lien on the land on which the building or buildings are or Were situated, privileged over all other liens to the maximum extent allowed by law. Upon the filing of the lien statement with the county clerk, the charges shall bear interest at the rate often percent (10%) per annum until paid. Section 4.10. Execution of written release of lien upon payment of charges or where lien placed on property through error; execution of written notice of compliance. (a) Upon full payment of the charges assessed against any property and upon the compliance of the property with all applicable orders as well as the terms of this Article, or in the event the lien is placed on the property through error, the Planning Director is hereby authorized to execute, for and on behalf of the city, a written release of lien approved in each case by the legal department. A fee in the amount of shall be imposed for such release of lien provided hereunder. The fee shall be waived upon written authorization of the Planning Director, if the Planning Director determines that the lien was placed through error of the city or its officers, agents or employees. (b) Upon compliance with an order of the Commission hereunder, the building official shall be and is hereby authorized to execute a written notice setting forth the date the notice of compliance is issued, the date the city found the building to be secured, repaired or demolished or otherwise in compliance with the order; and if the building had not been demolished, whether or not the building is in such condition that it may be occupied. An order to secure a building will be released only upon issuance of a certificate of compliance by the building official. Section 4.11. Notice of order. (a) After the hearing, the city shall promptly mail by certified mail, return receipt requested, a copy of the order to the owner of the building, and if the owner does not take the ordered action within the allotted time, the city shall promptly mail by certified mail, return receipt requested, a copy of the order to any lienholder or mortgagee of the building. The city shall use the Harris County real property records to determine, if possible, the identity and address of any owner, lienholder, or mortgagee of the building. If the address of a person having an interest in the property as shown on the deed records is unknown, or if the order is returned undelivered, a copy of the Page 12 . e order shall be posted in a conspicuous place on the building subject to the order. The posting of the order shall constitute notice to any person having an interest in the property who does not receive personal service. (b) Within ten (10) 'days after the date that the order is issued, the city shall file a copy of the order in the office of the city secretary, and also publish in a newspaper of general circulation in the city a notice containing: . The street address or legal description of the property, . The date of the hearing', . A brief statement indicating the results of the order, and . Instructions stating where a complete copy of the order may be ob- tained. A copy of the order of the Commission shall'also be, filed in the deed records of the county in which the property is located. Section 4.12. Judicial review. Unless a judicial review petition is timely filed as provided by under Chapter 214 of the Texas Local Government Article, the orders of the Commission shall in all things be final and binding. Section 4.13. Violations; penalty for disregarding or removing notices or orders. (a) It shall be unlawful for the owner, occupant or lessee in possession of any building subject to an order issued under this Article, or anyone having an interest in the building as shown by the real property records of the county in which the building is located, and under a legal duty to take the ordered actions with respect to the building, to fail to comply with any applicable order issued pursuant to this Article (b) It shall be unlawful for any person to remove any notice posted under the provisions of this Article. Violations of this subsection shall be punishable as provided in Section 3.09 of this Article. SECURE AND NOTIFY Section 5.01. Secure and notify. (a) Under the provisions of this Section the building official may secure or cause to be secured any building with a violation of the terms of this Article that is unoccupied or is occupied only by persons who do not have a right of possession of the building. ' Page 13 . e (b) Before the eleventh day after the building is secured, the building official shall cause notice of the action to be given by personal delivery, mail, publication or posting to the owners and others who may have an interest in the building as provided in Section 214.0011 (c) of the Texas Local Government Article. The notice shall contain the information specified in Section 214.0011 (d) of the Texas Local Government Article. (c) If within thirty (30) days after the date the building official secures the building or causes the building to be secured, the owner files with the Planning Director a written request for a hearing, then a hearing shall be conducted within twenty (20) days after the date the request is filed. The hearing shall be conducted in the same manner as provided elsewhere in this Article, and the owner may testify or present witnesses or written information about any matter relating to the city's securing of the building. (d) If either (i) no hearing is requested or (ii) a hearing is requested and the hearing officer decides that the action taken to secure the building was justified under the criteria of this Article, the city may place a lien against the property upon which the building is situated for the costs and expenses incurred by the city in securing the build- ing in the same manner as provided in Section 4.09 of this Article. (e) The provisions of this Section are cumulative of all other remedies. Without limitation, the building official may cause a building to be secured under this Section and still schedule and conduct a hearing in the same manner as provided elsewhere in this Article, if there is reason to believe that repair or demolition of the property is necessary or desirable to protect further the life, health and safety of the public. Section 5.02. Duty of city employees to report dangerous buildings. It shall be the duty of all city employees whose responsibility it is to enforce this Article, the Building Article or the Fire Article of the city to make a report in writing to the building official of all buildings they believe are dangerous buildings. Such reports are to be made within a reasonable time after the discovery of such building. Section 5.03. Notice by building official. (a) The building official may issue to each owner of a building notice that the building must be secured under this Article, if all of the following conditions exist: (1) The structure is in violation of the terms of this Article, and is vacant; (2) The structure has a watertight roof and does not appear to be unstable, in danger of collapse or otherwise in a rapidly deteriorat- ing condition; Page 14 . e (3) The structure does not have exterior structural wall(s) containing fire, water, or wind damage of more than fifty (50%) percent of any such wall; (4) The structure does not contain or promote accumulation of refuse, vegetation, water, or other matter creating breeding places for rodents, insects, or other pests; and (5) The condition of the structure appears to be such that the structure may reasonably be secured and, as secured, would not present any' significant risk to the health, safety and welfare of the public. (b) Each notice shall advise the owner that the owner may file a protest of the notice within ten (10) days of its receipt. The notice shall also advise the owner of the place and manner in which the protest may be filed. If any owner of a building timely files a protest, the building official shall withdraw the notice and immediately refer the matter for a hearing under Section 5.15 of this Article or to the Commission under Section 3.03 of this Article. (c) If a building is required to be secured under this Article, the owner may secure it by either (i) obtaining a securing permit pursuant to the requirements of this Article and securing such building in conformity therewith, or (ii) if reasonably possible, obtaining an appropriate repair permit and, pursuant thereto, repairing or replacing all doors, windows and other openings such that they remain closed and locked. Section 5.04. Offense It shall be unlawful for any person to secure a vacant dangerous building without the necessary permit, regardless of whether the securing is done pursuant. to an order issued under this Article. Section 5.05. Application for permit; amendments. (a) Any person required to secure a building pursuant to an order issued under this Article shall obtain a securing permit issued pursuant to this Article. Any person requiring or desiring a securing permit shall make written application to the building official. The application shall include an affidavit by the applicant stating the full name(s) of the legal owner(s) of the building, the current residence and business mailing addresses and telephone numbers of the owner(s), and of the applicant, if different from the owner, and the city's ad valorem tax account number(s) for the property. A separate application and permit shall be required for each vacant building. (b) Not less than thirty (30) days nor more than sixty (60) days prior to the expiration date of the permit, application may be made for a renewal of the permit. If the application is not timely filed, then the permit shall not be subject to renewal, and the owner must file an original permit application. Page 15 . e (c) Each permittee shall immediately notify the building official of any change of the permittee's residence or business address or telephone number. Such information shall be provided by the building official to the building official, who shall cause the information to be placed into the permit file without charge. Section 5.06. Fees; non-refundable. (a) The fee for a permit, whether original or renewal, shall be provided that the fee shall be reduced to for the second and each subsequent building where applications are simultaneously filed for two (2) or more buildings under common ownership that are situated on the same tract or parcel of land. The fee shall be paid to the building official at the time of the filing of the application. The fee for a certificate of compliance for a secured building shall be (b) A replacement fee of shall be charged for replacement or reissuance of each permit, sticker, tag or token that is lost, mutilated or otherwise rendered unusable. (c) No refund of any permit fee paid hereunder shall be made by the city for any cause whatsoever. Section 5.07. Issuance. (a) Upon proper application, a permit to secure shall be provided the applicant in unvalidated form. A permit to secure is not considered "issued" unless signed and validated by the building official or his designee, even if an unvalidated permit is given the applicant upon application. As soon thereafter as practicable, the building official shall inspect the vacant building to determine whether it is secure. If so, the permit shall be validated and issued. If not, the building official shall advise the owner of the deficiencies and shall reinspect the building upon receipt of a written request for reinspection and payment of a reinspection fee of (b) A permit shall be effective for a period of one (1) year from the date of its validation and issuance. In any instance in which the building official determines that the condition of the vacant building has deteriorated to the extent that it cannot be made secure, then the building official may take immediate action to bring the vacant building to a hearing or rehearing under Section 4.01 of this Article. (c) If the building official refuses to issue the permit on the grounds that the materials or means used are insufficient or inadequate to maintain the vacant building so that it is secure, then the building official shall so notify the owner in writing of the reasons for the denial. The owner of a vacant building may appeal a decision of the building official denying a permit on those grounds within ten (10) days after notice of the decision is mailed to the owner by filing a written notice of appeal in the office of the Planning Director. Within ten (10) days of receipt of the owners written request for a Page 16 . e hearing, the Planning Director shall convene a hearing to consider the decision and the owne"'s response thereto. The Planning Director shall give written notice to the owner by first class mail at least three (3) days prior to the hearing. Notice shall be considered given on the day it is placed in the mail. The notice shall state the time and place of the hearing and generally the subject of the hearing. The hearing shall be conducted by the Planning Director. The Planning Director shall promulgate rules for the conduct of hearings that are consistent with this Article and the principles of due process. The decision of the Planning Director shall be final. Section 5.08. Contents of permits. A permit issued hereunder shall set forth the location of the permitted vacant building by legal description or commonly known street address, the name of the person to whom the permit is issued and any other information the Planning Director may deem necessary. Section 5.09. Non-transferable. Permits issued as herein provided shall be deemed personal to the permitted and the permitted vacant building and shall not be assigned or transferred to any other person or vacant building. Section 5.10. Permit does not bar prosecution under or enforcement of ordinances. No permit granted as herein provided shall ever be held to bar prosecution for violation of any ordinance of the city, or to prevent the enforcement of any ordinance or inhibit the exercise of any powers and duties of any officer under the terms of any ordinance. Without limiting the foregoing, no provision of this Article shall be construed to prohibit the demolition of any building pursuant to any order of the Commission, the Commission or a district court. Section 5.11. Identification of buildings. In addition to any legal requirements regarding the posting of numbers on structures, every vacant building for which a permit is required hereunder shall have affixed on the front door thereof or on some other location adjacent thereto so as to be conspicuous and identifiable from an adjacent public street an individually numbered sticker, tag or token provided by the city. Failure by the permittee to maintain the sticker, tag or token on the vacant building so as to be conspicuous and identifiable from an adjacent public street shall be grounds for permit revocation. Page 17 . . Section 5.12. Annual inspections of permittee"s buildings. In addition to the initial inspection provided for in Section 5.07, the building official shall, at a frequency of at least once every year, cause an inspection to be made of any permitted vacant building to determine whether or not the vacant building remains secure. The building official shall further cause an investigation and inspection to be made forthwith upon being advised by any person that any vacant building is not secure. If the written report of any inspection establishes that a permitted vacant building is not secure, then the building official shall commence a revocation proceeding under Section 4.13 of this Article or. refer the matter to the Commission or Commission, as applicable. ' Section 5.13. Revocation of permit. (a) If the building official determines that any permitted vacant building is not secure or that any other grounds for revocation of a permit exist, the building official shall notify the permittee in writing of the determination, pointing out the grounds and requiring that the deficiencies be remedied within the time designated. The notice may be given in writing or by telephone to the permittee at the address or telephone number provided in the application or any amendment thereto. In establishing the amount of time to be given the permittee to remedy the deficient conditions, the building official shall consider the type and extent of the deficiencies and the degree of risk posed to the public by the conditions. (b) A permittee may appeal the determination of the building official by filing a written notice of appeal in the office of the Planning Director. Within ten (10) days of receipt of the permittee's written request for a hearing, the Planning Director shall convene a hearing to consider the determination and the permittee's response thereto. The Planning Director shall give written notice to the owner by first class mail at least three (3) days prior to the hearing. Notice shall be considered given on the day it is placed in the mail. The notice shall state the time and place of the hearing and generally the subject of the hearing. The Planning Director shall conduct the hearing. The Planning Director shall promulgate rules for the conduct of hearings that are consistent with this Article and the principles of due process. The decision of the Planning Director shall be final. (c) The Planning Director, within ten (10) days atter the hearing, shall render a decision on the hearing, which decision may be to affirm, modify or reverse the determination of the building official. If the permittee does not fully prevail, the Planning Director shall grant the permittee a brief period of time (consistent with the nature of the work to be done) not to exceed five (5) days to make any required corrections, provided that the Planning Director finds that (i) the appeal was not filed frivolously or for purposes of delay, (ii) the permittee is otherwise in compliance with this Article, and (iii) the vacant building is in such condition that it is capable of being secured. The building official shall notify the permittee in writing of the decision of the Planning Director. If no additional time is granted as provided above for the performance of any work, or if the Page 18 . . time granted expires without the work having been fully performed, then the building official shall take immediate action to bring the vacant building to a hearing or rehearing before the Commission under Section 3.03 of this Article with the department's recom- mendation that the building be either repaired or demolished. (d) If the permittee does not request a hearing before the Planning Director during the time designated by the building official for remedying the deficient conditions, and the matters complained of are not remedied by the permittee within the tune desig- nated by the building official, the permit shall be automatically revoked, and the building shall be scheduled for a hearing or rehearing before the Commission. Section 5.14. Emergencies; Immediate dangers. In cases where the building official reasonably believes that a building or structure constitutes an immediate danger to the health, life or safety of any person, the building official shall report the building and the conditions creating the immediate danger to the Planning Director. If the Planning Director finds that an immediate danger to the health, life or safety of any person exists and that the conditions of the building are the cause of the immediate danger, the Planning Director, without the necessity of any notice to the owner of the building or any other person having an interest in the building or structure, shall order immediate appropriate action taken with respect to the building or structure. For purposes of this Article, the term "appropriate action" means vacating, repairing, or demolishing the building or structure, or other action reasonably calculated to eliminate the conditions that create the immediate danger. Section 5.15. Notice; hearing. (a) Whenever the Planning Director takes action under this Article, the Commission shall convene a hearing to consider the emergency action taken and, if the building or structure was not demolished, to order further action regarding the building or structure in accordance with the provisions of Section 3.03 of this Article. The hearing shall be held no later than thirty (30) days after the Planning Director has taken action under this Article, unless all persons of record having either an ownership in- terest or a possessory interest in the building or structure consent to a longer period. (b) At the hearing, the city shall show that the building or structure was an immediate danger to health, life or safety necessitating the immediate action at the time the action was taken. After completion of the presentation of the testimony by all parties appearing, the Commission shall make written findings of fact as to whether or not the building, structure or condition was an immediate danger to health, life or safety necessitating the action taken by the Planning Director, and whether the building or structure constituted a dangerous building within the provisions of this Article. (c) If the Commission finds that there was an immediate danger to public health, life or safety that required the action that was taken, all administrative expenses Page 19 . . and any cost of the action taken shall be calculated and assessed against the owners of the building, and shall constitute a lien on the land on which the building stands or stood, which lien shall be filed and bear interest as provided in Section 4.09 of this Article. If the building or structure was not demolished, and the official finds that the building, at the time of the hearing, continues to constitute a danger within the provisions of this Article, the Commission shall issue an order for its abatement as set out in Section 3.04 of this Article. (d) The building official shall give notice to the record owners and lienholders of the building or structure, all persons having possession of any portion thereof, and all other persons who may have an interest in the building or structure, that a hearing will be held pursuant to the terms of this Article concerning the actions taken by the Planning Director, and whether the building or structure constitutes or constituted a dangerous building. The notice shall set forth the specific conditions which created the dangerous condition or rendered the building or structure a dangerous building within the standards set forth in Section 4.01 of this Article, the date, time and place of such hearing, that all persons having an interest in the building or structure may appear in person and/or be represented by an attorney and may present testimony and cross- examine all witnesses. The notice shall comply with the provisions set out in Section 4.05 of this Article. Sec. 5.16- 5.80. Reserved. CLEANUP AFTER DEMOLITION OR REMOVAL OF STRUCTURES Section 6.01. Required. (a) Within thirty (30) days after any building or structure is demolished or removed from any lot or tract of land: (1) All debris must be removed from the property. (2) All holes or depressions in the ground must be filled to grade level. (3) All lumber, pipes and all other buildings materials must be removed from the property or stored in such a manner that they are not a hazard to safety and do not create a condition where rats are likely to live or mosquitoes likely to breed. (4) All pipes and conduits must be removed from above grade and must be removed or sealed below grade. (5) All piers, pilings, steps and other appurtenances must be removed above grade. Page 20 . . (b) Each owner and each person having control over the property on which the building or structure stood prior to removal or demolition is individually responsible for completing ~uch work or causing such work to be completed. Section 6.02. Report, inspection where work believed not completed. It shall be the duty of all city employees to make a report in writing to the building official whenever such employee has reason to believe a building or structure has been demolished or removed from a lot of land and the work required by this Article has not been completed. Upon receipt of such written report, the building official shall inspect the lot or tract. Section 6.03. Notice to complete work Whenever it shall come to the knowledge of the building official that a building or structure has been demolished or removed and ,that the work required by this Article has not been completed, the building official shall cause written notice to be given by personal service or by certified mail, return receipt requested, to the owner of the property or to any person hearing control over the property setting out the work required by this Article which has not been completed. In such notice, the building official or hearing officer shall order the owner of the property or person having control over the property to complete or cause to be completed all work required by this Article within thirty (30) days of service of such notice. Page 21 . . BACK-UP NOT REQUIRED FOR THIS ITEM