HomeMy WebLinkAbout2004-10-25 Regular Meeting, Public Hearing, and Workshop Meeting
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MINUTES OF REGULAR MEETING AND WORKSHOP MEETING
OF THE LA PORTE CITY COUNCIL
October 25, 2004
1. CALL TO ORDER
The meeting was called to order by Mayor Alton Porter at 6:05 p.m.
Members of City Council Present: Councilmembers Chuck Engelken, Tommy Moser, Louis
Rigby, Barry Beasley, Peter Griffiths, Mike Clausen, Howard Ebow, Mike Mosteit and Mayor
Alton Porter
Members of Council Absent: None
Members of City Executive Staff and City Emolovees Present: City Manager Debra Feazelle,
Assistant City Manager John Joerns, Assistant City Manager Cynthia Alexander, Assistant City
Attorney Clark Askins, Assistant City Secretary Sharon Harris, Public Works Director Steve
Gillett, Judge Louie Ditta, Judge Denise Mitrano, Assistant Finance Director Michael Dolby,
Interim Planning Director Wayne Sabo, Human Resources Manager Sherri Sampson, IT Manager
Al Owens, City Marshal Nelson Thorpe, Court Coordinator Aimee Bird, Golf Pro Alex Osmond,
Patrol Sergeant Matthew Daeumer, Assistant Fire Chief John Dunham, Parks and Recreation
Director Stephen Barr, Inspector II Tommy Carpenter and CID Sergeant Tammy McBeath
Others Present: Sue Gale Mock Kooken, Spero Pomonis, Ashley Gaspero, Barbara Norwine,
Dave Turnquist, Travis McLennan, Jason Willis, Daniel Weston, Michael Correa, Aaron Finnis,
Daniel Garrett, Heather Borden, Matthew Villarreal, Katrine Wright, Glenn Large, Sib Carpenter,
Jacob Moore, Rebecca Streety, Ronnie Springer, Rick Helton, Ryan Vest, Ann Hayes, Ryan
Wheeler, Derek Padgett, Chris Hall, Kelly Houston and other citizens and students
2. Reverend Eric Pitre ofSt. Mary's Catholic Church delivered the invocation.
3. Mayor Alton Porter led the Pledge of Allegiance.
4. CONSENT AGENDA
A. Council to consider approval of the Minutes of the Regular Meeting, Public Hearing and
Workshop held October 11,2004.
B. Council to consider approval of an ordinance authorizing the City Manager to execute a
Professional Service Agreement with PBS&J to professional engineering services for
equipment replacement at the Little Cedar Bayou Wastewater Treatment Plant in the amount
of $24,800.00
Public Works Director Steve Gillett presented summary and recommendation and answered
Council's questions.
City Attorney Clark A~kins read: ORDINANCE 2004-2784 - AN ORDINANCE
APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA
PORTE AND PBS&J, INC., TO PROVIDE PROFESSIONAL ENGINEERING SERVICES
TO REPLACE AERATION EQUIPMENT AT THE LITTLE CEDAR BAYOU
City Council Regular Meet'and Workshop Meeting - October 25, .4 - Page 2
W ASTEW A TER TREATMENT PLANT; APPROPRIATING THE SUM NOT TO
EXCEED $24,800.00, TO FUND SAID CONTRACT; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
C. Council to consider approval of an ordinance authorizing the City Manager to execute an
agreement with Freese & Nichols, Inc. to provide professional engineering services for
waterline replacement and sewer main rehabilitation in the amount of $45,000.00.
Public Works Director Steve Gillett presented summary and recommendation and answered
'Council's questions.
City Attorney Clark Askins read: ORDINANCE 2785 - AN ORDINANCE APPROVING
AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND
FREESE AND NICHOLS, INC., TO PROVIDE PROFESSIONAL ENGINEERING
SERVICES FOR THE BA YSHORE DRIVE WATER AND SEWER REPLACEMENT
PROJECT; APPROPRIATING THE SUM NOT TO EXCEED $45,000.00. TO FUND SAID
CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
D. Council to consider approval of an ordinance authorizing the City Manager to execute a
Professional Service Agreement with PBS&J to perform a Preliminary Engineering Report
for the Little Cedar Bayou Wastewater Treatment Plant, the sum not to exceed $99,125.00.
Public Works Director Steve Gillett presented summary and recommendation and answered
Council's questions.
Assistant City Attorney Clark Askins read: ORDINANCE 2004-2786 - AN ORDINANCE
APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA
PORTE AND PBS&J, INC. To.PROVIDE PROFESSIONAL ENGINEERING SERVICES
TO PREPARE A PRELIMINARY ENGINEERING REPORT FOR PHASE II
IMPROVEMENTS AT THE LITTLE CEDAR BAYOU W ASTEW A TER TREATMENT
PLANT; APROPRIATING THE SUM NOT TO EXCEED $99,125.00, TO FUND SAID
CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINPING COMPLI~CE WITH THE OPEN MEETING LAW, AND
PROVIDING AN EFFECTIVE DATE HEREOF.
E. Council to consider instructing the Assistant City Manager to amend the various operating
, budgets for outstanding purchase orders: This is a routine annual transaction to validate open
purchase orders.
Motion was made bv Councilmember Griffiths to annrove the Consent AlZenda as nresented.
Second by Councilmember Moser.
Councilmember Beasley questioned Items B, C and D. Public Works Director Steve Gillett
provided the information for Cotmcilmember Beasley.
Ayes: Beasley, Engelken, Moser, Mosteit, Rigby, Clausen, Porter and Griffiths
Nays: None
Abstain: Councilmember Ebow abstained from voting on the minutes
City Council Regular Meeti'and Workshop Meeting - October 25, .4 - Page 3
5. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX
P AYERS WISHING TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE AGENDA
There were no citizens wishing to address Council.
6. Council to consider accepting the resignation of Judge Louie Ditta, effective December 31, 2004
and appointing Denise C. Mitrano as Judge of the Municipal Court, effective January 1, 2005, for
a term expiring August 31, 2007.
Mayor Porter accepted Judge Ditta's resignation. Judge Ditta appreciates staff working with him.
Judge Mitrano also spoke.
Assistant City Attorney Clark Askins read: ORDINANCE 2004-2787 - AN ORDINANCE
ACCEPTING THE RESIGNATION OF LOUIE A. DITTA AS JUDGE OF THE MUNICIPAL
COURT; APPOINTING DENISE C. MITRANO AS JUDGE OF THE MUNICIPAL COURT,
EFFECTIVE JANUARY 1,2005, FORA TERM EXPIRING AUGUST 31,2007, OR UNTIL
HER SUCCESSOR SHALL HAVE BEEN DULY APPOINTED AND QUALIFIED;
PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion was made bv Councilmember Clausen to approve Ordinance 2004-2787 as Dresented.
Second by Councilmember Moser.
Ayes: Beasley, Engelken, Moser, Mosteit, Rigby, Clausen, Porter, Ebow and Griffiths
Nays: None
Abstain: None
7. Council to consider authorizing the issuance of $7,000,000.00 in Certificates of Obligation.
Assistant City Manager Cynthia Alexander presented summary and recommendation and
answered Council's questions.
Drew Masterson with First Southwest read the bid tabulation to City Council and recommended
J.P. Morgan as the low bidder.
Assistant City Attorney Clark Askins read: ORDINANCE 2004-2788 - AN ORDINANCE
AUTHORIZING THE ISSUANCE OF $7,000,000 CITY OF LA PORTE, TEXAS
CERTIFICATES OF OBLIGATION, SERIES 2004 AND OTHER MATTERS RELATED
THERETO. .
Motion was made bv Councilmember Engelken to aDDrove Ordinance 2004-2788 as Dresented.
Second by Councilmember Griffiths
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Ayes: Beasley, Engelken, Moser, Mosteit, Rigby, Clausen, Porter, Ebow and Griffiths
Nays: None
Abstain: None
8. ~ Council to consider approval amending "Appendix A, Fees" of Ordinance 2004-2789.
City Council Regular Meet'and Workshop Meeting - October 25, .4 - Page 4
. Golf Pro Alex Osmond presented summary and recommendation and answered Council's
questions.
Assistant City Attorney Clark Askins read: ORDINANCE 2004-2789 - AN ORDINANCE
. AMENDING "APPENDIX A, FEES", OF THE CODE OF ORDINANCES OF THE CITY OF
LA PORTE; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY
CLAUSE, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made bv Councilmember Engelken to approve Ordinance 2004-2789 as presented.
. Second by Councilmember Ebow. Motion carried.
Ayes: Beasley, Engelken, Moser, Mosteit, Rigby, Clausen, Porter, Ebow and Griffiths
Nays: None
Abstain: None
9. Council to consider amending Ordinance 2004-2779 authorizing redesign of the employee
contribution schedules of the medical plan.
Human Resources Manager Sherri Sampson presented summary and recommendation and
answered Council's questions.
Assistant City Attorney Clark Askins read: ORDINANCE 2004-2779-A - AN ORDINANCE
AMENDING ORDINANCE 2004-2779, AN ORDINANCE AUTHORIZING AND
APPROVING AN AGREEMENT WITH HUMANA INSURANCE COMPANY, FOR
ADMINISTRATIVE SERVICES OF THE CITY'S MEDICAL PLAN, EFFECTIVE JANUARY
1,2005; ADOPTING "HEALTH SERVICE PLAN DESIGN" OPTIONS; APPROVING AN
EMPLOYEE CONTRIBUTION SCHEDULE; APPROPRIATING THE SUM OF $130,000.00;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT,
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion was made bv Council member Griffiths to aoorove Ordinance 2004-2779-A as oresented
bv Ms. Sampson. Second by Councilmember Beasley. Motion carried.
Ayes: Beasley, Engelken, Mosteit, Clausen, Porter, Ebow and Griffiths
Nays: Moser and Rigby
Abstain: None
10. Council to consider adopting aD ordinance authorizing redesign of the Retiree Health Benefit
eligibility requirements and contributions.
Human Resources Manager Sherri Sampson presented summary and recommendation and
answered Council's questions.
. Assistant City Attorney Clark Askins read: ORDINANCE 2004-2781 - AN ORDINANCE
I;. 'ADOPTING AN AMENDMENT TO THE CITY OF LA PORTE EMPLOYEE POLICIES
HANDBOOK BY ADDING SECTION 9A, "RETIREE MEDICAL COVERAGE",
PROVIDING FOR THE TERMS AND CONDITIONS OF RETIREE MEDICAL COVERAGE;
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City Council Regular Meeti'and Workshop Meeting - October 25, .4 - Page 5
SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Griffiths to approve Ordinance 2004-2781 as Dresented by
Ms.SamDson. Second by Councilmember Ebow. Motion carried.
Ayes: Beasley, Engelken, Mosteit, Clausen, Porter, Ebow and Griffiths
Nays: Moser and Rigby
Abstain: None
11. Council and staff received an Audit Committee Meeting Report from Chairman Chuck Engelken,
including new name change to "Fiscal Affairs Committee".
12. The Regular Meeting closed at 6:55 p.m. and the Workshop Meeting opened at 6:56 p.m.
Item 12a.was pulled from the agenda due to being presented as item # 6.
Item 12b.was tabled and will be discussed at the next Council Meeting.
Council discussed the Boards and Commissions Appointments.
The Airport Advisory Board had no changes.
Mayor read a resignation letter from Norman Cook resigning from the TIRZ Board due to
personal matters. The Board appointed Doug Martin in Norman Cook's Position 5. Hal
Lawler was appointed Alternate 1 on the Planning and Zoning Commission. J. J. Meza was
appointed Position 6, replacing Lindsey Pfeiffer, who resigned due to relocating to another
community. Position 9 is still open, this position is the choice of the Harris County
Commissioner.
Regarding Section 7, the La Porte Development Corporation, has appointed Mike Clausen,
Tommy Moser, and reappointed Bill Love and Pat Muston.
Regarding Section 9, the La Porte Redevelopment Authority appointed the same members as
the TIRZ Board.
There's a request regm:ding Section 10 of the ordinance being deleted due to Main Street
being an Ad Hoc Committee. .
Item 12d; was tabled and will be discussed at the next Council Meeting.
Item 12e. was discussed in Administrative Reports, see that section of the Minutes.
13. The Workshop Meeting closed and the RegUlar Meeting reconvC?ned at 6:55 p:m.
14. Council to consider approving an ordinance appointing members to various boards, commissions
and committees.
Mayor Porter presented summary and recommendation and answered Council's questions.
City Council Regular Meet'and Workshop Meeting - October 25, .4 - Page 6
City Attorney Clark Askins read ORDINANCE 2004-2782 - AN ORDINANCE APPOINTING
MEMBERS TO VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES, OF THE CITY
OF LA PORTE; PROVIDING A SEVERABILITY CLAUSE CONTAINING A REPEALING
CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion was made bv Councilmember Griffiths approve Ordinance 2004-2782 and deleting
section 10 of the ordinance as presented. Second by Councilmember Moser. Motion carried.
Ayes: Beasley, Engelken, Mosteit, Moser, Rigby, Clausen, Porter, Ebow and Griffiths
Nays: None
Abstain: None
15. Council to consider approval or other action regarding an ordinance appointing Keith Trainer and
Les Bird as members of the Civil Service Commission.
City Manager Debra Feazelle presented summary and recommendation and answered Council's
questions.
Councilmember Rigby asked the City Manager to consider switching these two appointments due
to Keith Trainer having 20 plus years of Civil Service experience; and if we adopt it as it stands,
he would only serve for 10 months. Mr. Rigby would prefer to have him on the later appointment
so we could have his expertise a little longer; by then, the Attorney General's opinion will be
resolved.
City Manager Feazelle does not have a problem with Mr. Rigby's recommendation.
Mayor Porter stated that we do have the flexibility of not appointing a successor.
City Attorney Clark Askins read: ORDINANCE 2004-2790 - AN ORDINANCE APPOINTING
MEMBERS OF THE CIVIL SERVICE COMMISSION; PROVIDING A SEVERABILITY
CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made bv Councilmember Rigby to amend the term limits to the Civil Service
Commission Ordinance 2004-2790 as. Dresented. Second by Ebow. Motion carried.
Ayes: Beasley, Engelken, Mosteit, Moser, Rigby, Clausen, Porter, Ebow and Griffiths
Nays: None
Abstain: None
16. Administrative Reports
City Manager Feazelle reminded Mayor, Council and Staff of the TML Conference in Corpus
Christi, Texas, October 27-29,2004, and reminded Council that the comments for the 2005
calendar are due.
Additionally, the City Manager's Office received the resolution packet from the Texas Municipal
League and distributed copies to Mayor and Council. The Resolution Committee will be meeting
Wednesday, October 27, 2004, at 9:00 a.m., with City Manager Feazelle being on the Committee.
General membership will be meeting on Friday, October 29, 2004, to vote on the resolutions.
City Council Regular Meet'and Workshop Meeting - October 25, .4 - Page 7
Mrs. Feazelle needs direction; if Mayor and Council have any comments or concerns on the
packet, she will take this under advisement. She also would like to know who will be the voting
delegate for the City of La Porte. Many of the items in the packet will not have bearing on La
Porte; however, Mayor Portc::r sta~ed that Seabrook requested support on Port Security. Mayor
suggested Council review this item and submit their comments to Mrs. Feazelle prior to her
leaving for the Conference; she will then report to Councilmember Griffiths what comes out of
the Resolution Committee Meeting and he will have the information to vote on Friday.
18. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS
LAW, CHAPTER 551.071 THROUGH 551.076, 551-087, TEXAS GOVERNMENT CODE
(CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL
PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFR OR DONATION,
PERSONNEL MATTERS, DELIBERATION REGARDING SECURITY DEVICES, OR
EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN
INVESTIGATION, DELIBERATION REGARDING ECONOMIC DEVELOPMENT
NEGOTIATIONS)
551.071 - (Pending Litigation) - Meet with City Attorney and City Manager to discuss pending
litigation.
551.074 - (Prospective Gift or Donation) - Meet with City Attorney and City Manager to discuss
prospective gift or donation to the City.
Council retired to Executive Session at 7:06 p.m. and the Regular Meeting reconvened at 8:08
p.m.
There was no action taken during Executive Session.
19. CONSIDERATIONS AND POSSIBLE ACTION ON ITEMS CONSIDERED IN
EXECUTIVE SESSION
There was no action taken during Executive Session.
17. Council Comments
. Clausen, Rigby, Moser; B~asley, Engelken, Mosteit, Griffiths, Ebow and Porter had comments.
20. There being no further business to come before Council, the Regular Meeting was duly adjourned
at 8:15 p.m. .
Respectfully subniitted,
0n(lJJ/J~ptUuJj
Martha Gillett, TRMC
City Secretary
Passed and approved on this 8th day of November 2004
~~.rp~
Mayor Alton E. Porter
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THIS ITEM WAS PULLED AT THE PREVIOUS MEETING. PLEASE
BRING THE BACK UP YOU RECEIVED PREVIOUSLY. IF YOU
NEED AN ADDITIONAL COPY, PLEASE CONTACT THE CITY
SECRETARY'S OFFICE.
THANK YOU
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 11/08/04
Requested By: .WJt1De Sahf\ Interim Plan~ing~'tl::r
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Aool'Ooriation
Source of Funds: N/A
Department: ............11 ~Inmeat
.Account Number:
Report:
Exhibits:
Resolution:
Ordinance: X
Amount Budgeted:
Existing Ordinance #04-2733
Amount Requested:
Exhibits:
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
The Building Code Appeals Board ordinance (Ordinance #04-2733) was passed and approved by City Council on
May 10,2004. The ordinance became effective fourteen (14) days after its passage and approval or May 21,2004.
The intent of the ordinance was to create a seven (7) member board to hear and decide appeals from the
determination ofa building official and to conduct comprehensive reviews of the city's codes.
Since there were a limited number of council members at that time, a decision was made to wait on making the
appointments until a later date. In our review since its passage, staff notes that in the preparation of the ordinance,
Section 3 addresses violations relating to the zoning ordinance. Staffbe1ieves this section needs to be revised.
This item was originally placed on the October 25, 2004 agenda; however, it was tabled with no action. At this time
we are returning to Council to ask for direction or other issues concerning the wording of the ordinance,
appointment of board members for the Building Code Appeals Board created by existing Ordinance #04-2733
and/or direction regarding possible changes to Section 3 of the existing ordinance.
Action Reauired bv Council:
Guidance on possible revisions to the ordinance and/or appointments of members to the Building Codes Appeal
B~ .
Aooroved for City Council Ae:enda
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Date
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ORDINANCE NO. '04- :J-'7 33
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AN "ORDINANCE AMENDING CHAPTER 82 OF THE CODE OF ORDINANCES OF
THE CITY OF LA PORTE BY AMENDING CHAPTER 82, "BUILDINGS AND BUILDING
REGULATIONS," ARTICLE I"IN GENERAL", BY ADDING SECTIONS 82-10, ET SEa,
"CITY OF LA PORTE BUILDING CODES APPEAL BOARD"; PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING
THE TERMS .OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A
MISDEMEANOR AND UPON CONVICTION SHALL BE FINED A SUM NOT TO
EXCEED TWO THOUSAND DOLLARS; AND PROVIDING AN EFFECTIVE DATE
THEREOF~" "
BE IT ORDAIN"ED BY THE CITY COUNCIL OF. THE CITY OF LA PORTE, T~XAS:
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SECTION 1. That Chapter 82, "Buildings and Building Regulations," A~icle I, "In
General" is hereby amended by adding Sections 82-10, "Building Codes Appeals
Board," et seq; . "
Sec. 82-10 Building Codes Appeals Board .
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In order'to t)ear and decide appeals of orders, decisions or determinations'
made by the Building Official relative to the application and interpretation of
the building codes adopted in this chapter, there shall be and is hereby"
created by the City Council of the City of La Porte a Building Code Appeals
Board. " ," . ,
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~ec.' 82-11, "C~mpilation of Board."
The Building Code Appeals Board shall consists of seven (7) resident
electors of the City of La Porte who the City Council deems competent to
serve on such Board by virtue by their experience and train!ng in matters
pertaining to building construction. Members of the Building Code Appeals
. Board are not to be employed by the City of La Porte. . '
Sec. 82-12, "Term."
Members of the Building Code Appeals Board are appointed by the City
Council, for a term of three (3) years, and serve at the pleasure of the City
Council. Vacancies shall be filled for the uf)expired term of any member
whose" term becOmes vSCant" for any cause, in the same manner as the
original appointment was made. All cases to be heard by the Building Code
Appeals Board will always be heard by a minimum offour (4) members.
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Sec. 82-13, "Rules and Meetings."
The Building Code Appeals Board shall adopt ,rules of ,procedur~, in
accordance with the provisions of this chapter, and this code. Meetings of
the Board shall be held at the call of the Chairman and at such other times
as at least four (4) members of the Building Code Appeals Board may
determine. All meetings of the Building Code Appeals Board shall be open
to the public. The Building Code Appeals Board shall keep minutes of its
proceedings, showing the vote of each member upon each question, or if
absent or in failing to vote, indicating such fact, and shall keep records of all
of its official acts, all of which shall be il!lmediately filed in the office of the
City Secretary and shall become a public record.
Sec. 82-14, "Powers and Duties of the Board." ,
The Building Code Appeals Board sh~1I have the following powers: ,
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1. To hear and decide appeals from the determination, of, a
building official where it is alleged that 0,", a claim that the true
intent of the building and construction codes adopted in this
chapter have been incorrectly interpreted,' that the provisions
of a code adopted under this chapter do not fully apply, or that
an equally good or better form of construction is proposed.
The' Building Code Appeals Board shall have no authority to
waive requirements of this code. ,'" '
2.' ,The Building Code Appeals Board is to conduct a regular
comprehensive review of the codes adopted in this chapter, '
and has the power to recommend to the City Council of the
City' of La Porte changes, additions, or deletions from said
codes for any reason including t~e following: -
a. Defects in the text of the codes; _
b. Deficiencies created by improper or lax administration
of the codes; or
c. inconsistency with the State Statutes or judicial
decisions.
Sec. 82-15. "Action on Appeal."
In exercising the powers set forth in this section, the Building Code Appeals
Boarcj~ 'in'conformity" with 'the 'provision" of this - chapte'r a'nd the' codes"
adopted in this chapter, may reverse or affirm, wholly or partly, or may
modify the order, requirement,. decision, or determination, as ought to be
made, of the Building, Official, and to that end shall have all the powers of
the enforcement officer from whom the appeal is taken.
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SECTION 2. All ordinances and parts of ordinances inconsistent. or- in conflict. with
this ordinance are. bereQY r~pealed. to th~ extent of .SU9h ~nflict only;. provided. however, .
the City of La Porte reserves all rights and remedies which may have accrued to the City
of La Porte for offenses which may have occurred prior to the effective date of the repeal .
of said ordinances.
SECTION 3. All rights or remedies of the City of La Porte, Texas, are expressly
saved as to any and all viol~tions of any Zoning Ordinance or amendments thereto. of said
City of La porte. that have accrued at the time of the effective date of this Ordinance; and
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as to such accrued violation, the court shall have all the powers that existed prior to the
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effective date of this Ordinance; and as to such accrued violation. the court soalf have all
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the powers that. existed ~rior to the effective. date of t~is Ordinance; and that a~1 existi~g
violations of previous zoning ordinanc~s w~ich wo~id otherWise become non-conforming .
uses under this Ordinance but shall be Considered as violations of this Ordinance in the
same manner that they were violations of prior zoning .ordinances .of said City of La Porte.. .
SECTION 4. If any section.. sentence, phrase, clause. or any part of any section,
sentence, phrase. or clause; of t~is Ordinance shall, for any reason, be held inv.alid, such
invalidity shall not affect the remaining portions of this Ordinanc~, it is hereby declared to
be the intention .of the City of Council to have passed each section, sentence, phrase. or
clause, or part thereof, irrespective of the fact that any other section. sentence. phrase, or
clause. or part thereof. may be declared invalid.
SECTION 4. The City Council officially finds, determines, recites and declares that
a sufficient written notice of the date. hour. place and subject of this meeting of the City
Council was posted at a place convenient to the public at the City Hall of the city for the
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time req~ired by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code: and that this ,meeting has been open to the public
as required by law at all times during which this ordinance and the subject matter thereof
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has been discussed, considered and formally acted upon. The, City Council further ratifies,
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approves and confirms such written notice and the contents and posting thereof.
,SECTION 6. Any person, as defined in Section 1.02(27} Texas Penal Code, who
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sh~1I violate any provision of this Ordinance, shall be deemed guilty of a misdemeanor and
upon' conviction shall be punished by, a fine not to ~xceed, ~wo 'Thousand Dollars
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($2,OOO.OO). " Each day a violatio~ of this ordinance shall continue shall constitute 'a
separate violation.
SECTION 7. 'This Ordinance shall becOme effective fourteen (14) days after its
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passage a,nd approval. The City Secret~~ sh~1I ,give' notice to th~ passage of the notice
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by causing the caption to be publishe~' in the offici,al, newspaper of the City'of La Porte at
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least twice within ten (1 0) days after the passage 'of the Ordinance.
'P~SSED AND APPROVED THIS THE 1 rf-DA Y OF m()j"j,,: ',' 2004.
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CITY OF LA PORTE
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~ayorproTem
ATTEST:
By: ~t/id.4jft.Ii'-
M~RTRA GILLETI,
City Secreta
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
~ber 8, 2004
Appropriation
Requested By: Wayne Saho
Source of Funds:
Department: PllUIDiDII
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
Exhibit 1:
Front Foot Fee Summary
Amount Requested:
Exhibit 2:
Proposed Front Foot Fee Application
Budgeted Item: YES NO
Exhibit 3:
Current Front Foot Fee Application
Exhibit 4:
Backup Maps for New Calculations
SUMMARY & RECOMMENDATION
At the Oty Council's direction staff, before an open Council meeting, is bringing the possibility of updating front
foot fees charged for businesses and residences seeking water and sewer services. These fees were originally
established by Ordinance No. 759 in 1976 and were later amended by Ordinance 759-F in 1990. They have not
been updated in the past 14 years. The result of the recent review of the front foot fees was to establish new updated
fees in-line with actual development costs and modem day installation and material costs.
The data found in the exhibits seeks to provide to Council what the fees would be given modem day pri~g. It
would be Council's discretion to update the front foot fees at a later date. .
The front foot fees in today's dollars would be as follows:
Commercial
Residential
WATER
$8.42/100 sq. ft.
$8.42/100 sq. ft.
SEWER
$15.101100 sq. ft.
$9.42/100 sq. ft.
These mte would be for lots of square footage of up to 10,000 square feet.
Staff seeks direction from Council on the updating.of the front foot fees to those listed above to rates reflective of
current construction costs. Staff recommends that residentiJd extended acreage lots be treated separately as the
computation of front foot fees for them are different - this is presented in a separate discussion item for Council. A
public hearing is not required.
Action Reauired bv Council:
Provide direction to staff on the future adoptio~ of updated front foot fees for commercial and residential
development.
.
ADD roved for City Council Ae:enda
~.
/(<1-0L
Date
e e
EXHIBIT 1
FRONT FOOT FEES
e
SUMMARY*
EXISTING FEES PROPOSED FEES
RESIDENTIAL WATER $ 4.60 $ 8.42
COMMERCIAL WATER $ 7.30 $ 8.42
RESIDENTIAL SANITARY SEWER $ 6.10 $ 9.42
COMMERCIAL SANITARY SEWER $ 7.00 $ 15.10
e
100 SQUARE FEET OF PARCEL CALCULATION
*ALL FEES ARE BASED ON PER
e e
EXHIBIT 2
e
e
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: November 8. 2004
Requested By: W~yne Sabn vi
Department: PllUlDiaR
Annronriation
Source of Funds:
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
Exhibit 1:
Maps demonstrating current extended
acreage front foot fee administration
Amount Requested:
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
At City Council's direction, staff, before an open Council meeting, is bringing the possibility of updating or
changing front foot fees for parcels seeking water and sewer service in extended acreage residential areas and lots
over 10,000 square feet. The front foot fees charged were originally established by Ordinance No. 759 in 1976 and
were later amended by Ordinance 759-F in 1990 but residential front foot fees were capped at a maximum billable
limit of 10,000 square feet. The front foot fees have not been updated in the past 14 years and thus the cap remains.
Currently there are no separate fees charged for residential lots over 10,000 square feet. Commercial parcels over
10,000 square feet are charged the calculated amount for the parcel or phase.
The data found in the exhibits seeks to provide to Council what the methodology would be for lots over 10,000
square feet. It will be Council's discretion to update the front foot fees at a later date.
Staff seeks direction from Council on administering front foot fees for extended acreage residential areas. The
surface of residential extended acreage lot front foot fees are being sepam.tely presented given the recent interest in a
residential large lot district overlay for the City. A public hearing is not required.
Action Reouired bv Council:
Provide direction to staff on 'the future adoption of front foot fees for extended aCreage residential lot development.
Aooroved for City Council At!enda
JI-:J--Ot{
Date
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".. ..'. '. CAP OF 10,00QSQ.' FT. c..:'. ,.... .
. . . NOTE 2,:"Lcir f "ANO"LOT 2 HAVE DIFFERENT.
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. NOrE -2.: PHASE 1 CHA~G~D:FRONT FOOT F.~ES. FOR 9,00o.'SQ. FT." .' .':. .
...',.'.. . PHASE2CHARGED.FRONTFOOT.FEES,'FOR9,60(j..SQ~FT.'. .'
'ETC...UNTIL ALL LAND IS DEVELOPED." '.' .." -:' '.
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. .NOTE 3: LOT 1, ALL'PHASE~;,:1i:EO TO'ONE AOO'RESS, "" .
, .', NOTE 4: 10;900 ,sQ. FT. CAP S~I~L'APPUES TO, ANX.PHA:S.~ >. .
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CITY OF LA PORTE
RESIDENTIAL FEES
PETITION TO TIE-ON TO EXISITING
WATER AND SEWER MAINS
PERSON MAKING REQUEST:
STREET ADDRESS (WHERE W/S IS NEEDED):
PH#
LEGAL DESCRIPTION: BLK:
LT:
SUBD:
PROPERTY SIZE:. ( ') X ( ') = SO. FT.
( * ON LARGE TRACTS, AREA DESIGNATED SHOULD INCLUDE REQUIRED SETBACKS -
CHARGES WILL BE LIMITED TO 10,000 SQUARE FEET MAXIMUM PER DWELLING UNIT).
WATER CONNECTION FEES - $8.42 PER 100 SQ. FT. $
WATER TAP - $184.00 (5/8-3/4" TAP. ONLY) $
TOTAL WATER CHARGES $
SEWER CONNECTION FEES - $9.42 PER 100 SQ. FT.) $
SEWER TAP - $250.00
(4" TAP. ONLY)
$
$
5.75
SEWER INSPECTION FEE
TOTAL SEWER CHARGES $
TOTAL WATER & SEWER CHARGES $
X
SIGNATURE OF PERSON MAKING REQUEST
( ) FOR LIVESTOCK USE ONLY - WATER FRONT FOOT FEES NOT APPLICABLE AT TInS TIME.
.MINIMUM SIZE TAPS
NOTE:
FOR LARGER TAPS CONTACT WATER/SEWER SUPERINTENDENT.
DATE OF PAYMENT:
RECEIPT NUMBER:
CLERK'S INITIALS:
WORK ORDER NUMBER:
S:\CPSbare\INSPECTION DIVISION\Inspec:ticms\ Water & Sewer tie on Resl-04.doc
.
CITY OF LA PORTE
COMMERCIAL
PETITION TO TIE-ON TO EXISITING
WATER AND SEWER MAINS
e
PERSON MAKING REQUEST:
STREET ADDRESS (WHERE W/S IS NEEDED):
PH#
LEGAL DESCRIPTION: BLK:
LT:
SUBD:
PROPERTY SIZE:. ( ') X ( ') = SO. FT.
( · ON LARGE TRACTS, AREA DESIGNATED SHOULD INCLUDE REQUIRED SETBACKS).
WATER CONNECTION FEES - $8.42 PER 100 SQ. FT. $
WATER TAP - $184.00 (5/8-3/4" TAP. ONLY) $
TOTAL WATER CHARGES $
SEWER CONNECTION FEES - $15.10 PER 100 SQ. FT.)$
SEWER TAP - $250.00
(4" TAP* ONLY)
$
$
5.75
SEWER INSPECTION FEE
TOTAL SEWER CHARGES $
TOTAL WATER & SEWER CHARGES $
X
SIGNATURE OF PERSON MAKING REQUEST
( ) FOR LIVESTOCK USE ONLY - WATER FRONT FOOT FEES NOT APPLICABLE AT TIllS TIME.
*MINIMUM SIZE TAPS - NOTE: 6" IS $300.00
NOTE:
FOR LARGER TAPS CONTACT WATER/SEWER SUPERINTENDENT.
DATE OF PAYMENT:
RECEIPT NUMBER:
CLERK'S INITIALS:
WORK ORDER NUMBER:
S:\CPSbare\INSPECTION DIVISION\lnspedioDs\Water & Sewer tie on Com.doc
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EXHIBIT 3
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CITY OF LA PORTE
RESIDENTIAL FEES
PETITION TO TIE-ON TO EXISItrnG
, WATER AND SEWER MAINS
PERSON MAKING REQUEST:
STREET ADDRESS (WHERE WIS IS NEEDED):
LEGAL DESCRIPTION: BLK:
LT:
SUBD:
PROPERTY SIZE:. ( , ') X. ( ') = SO. FT.
( * ON LARGE TRACTS"AREA DESIGNATED SHOULD INCLUDE REQUIRED SETBACKS-
CHARGES WILL BE LIMITED TO i 0,000 SQUARE FEET MAXIMUM PER DWELLING UNIT).
, ,
WATERCONNECTIONFEES,:, $4.60 PER 100 SQ. FT. $
WATER TAP :'$184.00 (5/8~3/4" TAP* ONLY) $
TOTAL :wATERCijARGES, $
SEWER CO~CTION FEES - ,$6.iO PER} O~ sQ. FT.) $
SEWER INSPECTION FEE
$,
$'
"
, '
SEWER TAP ~ $250.00 '" (4" T AP* ONLY) ,
, ,
, ,
, 5.75',',
TOTAL SEWER CHARGES ,', $'
"
',. TOTAL, WATER & SEWER CHARGES ' $
. " .
'x'
, SIGNATURE OF PERSON MAKING REQUEST
( ) FOR LIVESTOCK USE ONLY - WATER F~ONT FOOT FEES NOT APP~ICA.BLE AT TIDS TIME.
*MlNIMUM SIZE TAPS
NOTE:
, FOR LARGER TAPS CONTACT WATER/SEWER SUPERINTENDENT.
DAT~ OF PAYMENT:
RECEIPT NUMBER:
CLERK'S INITIALS:'
WORK ORDER NUMBER:
S:\CPSharc\lNSPECTlON DlVISION\Inspections\Water &: Sewer tie on Resl-04.doc
.
e
CITY OF LA PORTE
COMMERCIAL
PETITION TO TIE-ON TO EXISTING
WATER AND 1 SEWER MAINS
PERSON MAKING REQUEST: PHONE:
STREET ADDRESS (WHERE W/S IS NEEDED) :
LEGAL DESCRIPTION OF PROPERTY:
PROPERTY SIZE*: ( ') X ( ') = SO. FT. =
(* ON LARGER TRACTS, AREA DESIGNATED SHOULD INCLUDE REQUIRED SETBACKS)
===========================================================================
FEES
WATER CONNECTION FEES'- $7.30 PER 100 SQ. FT. $
WATER TAP - $184.00 (5/8-3/4" TAP* ONLY) $
TOTAL WATER CHARGES $
SEWE:R CONNECTION FEES - $7.00 PER 100 SQ. ,FT. $
SEWER TAP - $250.00 (4" TAP* ONLY)
$
$
SEWER INSPECTION FEE
5.75
TOTAL SEWER CHARGES $
TOTAL WATER & 'SEWER CHARGES $
X
SIGNATURE OF PERSON MAKING REQUEST
( ) FOR L~VESTOCK USE ONLY - WATER FRONT FOOT FEES NOT APPLICABLE, AT THIS
TIME
* MINUlliM SiZE TAPS ;.;. NOTE:' . 6'" IS $300.00
NOTE:
FOR LARGER TAPS CONTACT WATER/SEWER SUPERINTENDENT
DATE OF PAYMENT:
RECEIPT 'NUMBER:
CLERK'S INITIALS:
WORK ORDER NUMBER:
PER ORDINANCE NO. 759-FI
INSP./OS-'95
Dept. Forms/a:commws.fee
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EXHIBIT 4
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RESIDENTIAL I COMMERCIAL WATER
EXHIBIT 1
LEGEND
-0. FIRE HYDRANT
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SANITARY SEWER
RESIDENTIAUCOMMERCIAL
EXHIBIT 2
LEGEND
. MANHOLE
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-
Cost of Installation of Area of Developable land Cost per 100 sq. ft. of land to
Infrastructure (sq. ft.) recoup infrastructure costs
Residential Water $ 107,513.20 1,276,800 $ 8.42
Residential Sanitary Sewer $ 40,062.08 425,600 $ 9.41
Commercial Water $ 107,513.20 1,276,800 $ 8.42
Commercial SanitalY Sewer $ 60,390.40 400,000 $ 15.10
.
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: November 2. 2004
AODroDriation
Requested By:
James Eastep
Source of Funds:
Department:
Parks" Re(reatioD
Acc't Number:
Report: -LResolution: X Ordinance: ...x...-
Amount Budgeted:
N/A
Exhibits:
Report
Amount Requested:
N/A
Exhibits:
Ordinance
Budaeted Item:
YES
NO X
Exhibits:
Relilnlutinn'
SUMMARY & RECOMMENDATION
1. The attached report outlines the requirements and steps necessary for inclusion in the Tree City, U.S.A.
Program sponsored by the National Arbor Day Foundation. Membership in the Tree City, U.S.A. program
requires all standards be met including the adoption ofa Community Tree Ordinance. Samples of three (3)
gulf coast communities are enclosed as samples of what La Porte could require.
2. Keep Texas Beautiful arid Tree City U.S.A. all require a Board. Staff is recommending a Board be with all
city departments involved. This basic start up is to get the programs moving through activities that have
already been initiated. Examples: Public Works - mulch and solid waste. Police - enforcement. Parks & Rec.
-litter control, beautification and Arbor Day tree give away.
3. All steps have been completed for the Keep Texas Beautiful requirements except for a resolution
supporting the Keep Texas Beautiful, Inc. organization in La Porte. This resolution supports the City's desire
to improve the physical quality of community life.
Action ReQuired bv Council: "
1. Give staff direction regarding de;velopment of a "tree ordinance", to' meet, the, requirements and ,needs for
the City of La Porte. This ordinance is a requirement for participation in the Tree City, U.S.A.'program.
2. Staff is recommending that this board should be implemented with city employee staffing at this time.
This will accomplish the necessities of both organizations for a one year program. Additions will be
coordinated to fit future need~ and development of City Councils requirements.
3. Staff is recommending that Council endorse the resolution of The Keep Texas Beautiful organization and
supports the participation in Keep Texas Beautiful program, the resolution will be presented at the December
Council meeting.
Aooroved for City Council At!enda
If -;[ - Q +
Date
r! :~
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City of La Porte
Interoffice Memorandum
To:
Mayor and City Council
From:
Debra Brooks Feazelle, City Manager
Date:
October 14, 2004
Subject:
Tree City, USA
Another Council initiative from the same retreat as Keep La Porte Beautiful is the Tree City,
USA program. As with Keep La, Porte Beautiful, neither program costs us any more than we
were already spending, but offers us opportunities for recognition and grants.
Attached please find our application and memos from James Eastep. The main item Council
must act upon in the program is for the Tree Ordinance. We have presented some local ones for
your review.
Also attached is information from TXDOT and Houston Area Urban Forestry Council.
We can choose to ,phase in the ordinance starting with public properties, then to new
developments. Please review and we will workshop on November 8.
DBF/db
c: John Joems
Cynthia Alexander
Stephen Barr
James Eastep
e
TREE CITY USA
Application
e
---
0'-\ :l-()~
J..t _ CG
0,T
CA
,Tc
55
MAil completed applicatiQn with r<<lue!>ted att.."IclunentS to YOUTSta1e fofe5ter nd later than December :n.
1'hc 'fREE CIty USA award i$ mnde lnl'liot.'ogrlroQD, f!f'w-Qr'k completed by the CitY du.ring. the calendar year,
Please provideinfonnill:tiOn tor the year endi!lg-.
{Some ate-tea ~re infmmatioil in add#ion to that l'~eStccl on this app!ie::\non. Check with your state lor~d
As
Qfthecity of
(T:iUe'-~fjr tIr llt.her cii::t' ~fficii4)
I h~with. rnak~ lIpp~ti~1P fut t'hi%1 cllmmullitJ' t;l) be pfficlally tee~j~d: snd (Ie~jgna:ted as II Tr~ Cit, USA rUT
achieved thtlstmldards,i?ct forth ,by The National Moor nay }o\nmdBtion M no4ld llelow ~
. baying
(VCiifj
St.ndard h A Tree~. i:Jj- Depilrtme~ " ,
WS:t da~ bre-stij.b~C'~torbl)tu'd. bQar-tl tntmtberi>. and ttl.eeting dities for the palll,~tf'AT-; or lHi.m~ of tit:)' depa,rlmer.d: and,
man,ag~;
Standard 2:' ^-Commnnity 'l'rce: Ordinnnee
..,_-Dace o~cC,,~hett-,. ...--. ,._-,-,,'
~~~1l1:~~
$tad.atc:l $; ACo,mmuiul}. ]forestry p~ wltn an AnnaB! Budget of at Least $2 Per Capita- ,
row ~~n'it)." {ro:e--<d.Jj~ expe,nditures '..............,...............-..-....--.. .................--.,,"'........---..... ... ...; $
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City of La Porte
Memorandum
October 1 J 2004
To: Debra Feazel/e, City Manager
Through: Stephen Barr, Director Parks and Recreation
From: James Eastep, Assistant 'Director Parks and Rea
Tree City, U.S.A. is sponsored by The National Arbor Day Foundation in cooperation with the USDA
Forest Service and the National Association of State Foresters. The City of La Porte will benefit from
being a member of the Tree City USA program. The last City Council workshop on January 28th,
CounCil reviewed the requirements for the Tree City, U.S.A. program. A community's public image is
very important caring about the environment enhances the quality of life for our citizens.
The first step was to put together a spreadsheet to estimate expenditures for tree related services
City-wide. One obligation accomplished was to see that the $2 per capita requirement. Surveying
expenditures from the Parks & Recreation Department, Public Works and the Gol' Course it was
shown that this requirement was easily met. With this level of expenditures, there was no need to
budget any additional expenditure to meet the minimum level required by the Tree City, U.S.A.
program.
Second someone must be responsible for the care and management of the community's trees. The
Parks and Recreation Department will take on the responsibility to manage the course and has
assigned the Parks Division to administer the program. James Eastep will assist and manage in
development for all aspects of the tree city agenda.
A third requirement is an Arbor Day Observance and Proclamation. On March 5th from 8:00am thru
5:00 pm,the, City Parks and Recreation 'Department sponsored an Arbor Day Tree give away. In
cooperation With the T e~s Forest Service seedlings were purchased and handed out to the citizens
of La Porte. There was a limited supply of hardwood and pine tree seedlings and 165 trees were
supplied with planting instructions to the community. This coming year we plan to double the amount
of trees to be handed out. Another part of this requirement is an Arbor Day Proclamation. A sample
proclamation is attached and a date has been set. Staff plans to place this infonnation in the City
Calendar and the R&P Magazine. To facilitate with the requirements of planting trees the second
Wednesday of February is suggested to ensure an improved survival rate. Also this is the time of
year that the Texas Forest Service seedlings are available.
Last prerequisite might be the most difficult, and is for Council to adopt a community tree ordinance.
I am in the process of reviewing tree ordinances for the city and have acquired samples from
Houston, Lake Jackson and West University Place who are members of Tree City, U.S.A. in Texas.
Some direction is required as to how in depth Council wishes to engage. The ordinances received
are very detailed and involve trees and landscape issues.
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City of La Porte
Memorandum
October 5, 2004
From: James Eastep, Assistant Director Parks and Recre I
e: Tree City, U.S.A.
To: Debra Feazelle, City Manager
Beautification for our city :has' become a 'growing priority for the Parks and Recreation
Department. Becoming a member of Tree City, U.S.A. provides initial direction for an urban
community to enhance a forestry program. With the development of two new programs
Keep Texas Beautiful and Tree City, U.S.A. the City of La Porte we will become proactive
in the environmental movement that will be of direct benefit to the city. These programs
offer the compensation of beautification in establishment of wildflower planting, enhance
development of our tree growing program, planting of our own trees in the community,
encouraging citizens to plant trees and the cities Arbor Day Celebration all lead to thiS
reimbursement.
The Arbor Day Celebration is supported by the Texas Forest Service. The Parks &
Recreation Department purchases tree seedlings and they are given away to the
community. The program is scheduled for early spring and is supported by the La Porte-
Bayshore Garden Club. Last year 150 seedlings were distributed and planting instructions
were supplied. This year the department expects to double the tree distribution.
Tree service work is on going in the city departments. The Golf Course is involved in
planting, pruning, ~nd removal. Public Works also removes street trees and ,recycles yard
vegetation with mulch preparation for ,community distribution. The Parks & Recreation
Department contributes to landscape development, pruning, tree removal and mulching.
These departments are also evolved in'storm clean up.
The Parks Division has reestablished the development of a tree farm. Each year we plant
one gallon trees, after one year they are planted in five gallon containers, the second year
the trees f3re placed into 15 gallon containers and the third year the trees are better
establisl1ed to survive in any area of the city we wish to plant. The first tree farm planting
was 50 Burr Oak seeds and this year they will be placed in 15 gallon containers and be
planted next winter throughout the city. Last year (200) seedlings were planted and they
will be placed into 5 gallon containers this winter. Parks will purchase tree seedlings again
this winter from the Texas Forest Service. From original stock that was planted a few years
ago we will complete the distribution and plant twenty five trees this winter.
.
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Next year we will have 50 trees for planting and the next year we should have 200 trees for
the city. We plan to continue the development of the farm so that 200 trees will be
available for planting for each year to come.
Other beautification projects are to plant wild flowers in more locations in the city. At this
time the Parks Division plants the esplanades on Luella and we are looking to expand this
program. Some of the areas we are looking at are the front lot east of City Hall, Seabreeze
Park, and the open lot at the cemetery leading to Little Cedar Bayou Park. Another
landscape development project we are looking at is the City sign on Fairmont Parkway at
Hwy. 146 with shrubs, flowers and irrigation.
In the last three years many large trees have been planted in the city. The efforts of the
Parks Division will establish continued development for beautification and environmental
health of the City of La Porte.
Trees Planted: Examples
Sylvan Beach Pavilion
Fairmont Esplanades
Wave Pool
Old Library
City Hall
Hwy. 225
Parks tree farm
LCB Nature
9 Pindo Palms
7 Bradford Pears
4 Fan Palms
3 Laurel Oaks
1 Holly Tree ,
4 Windmill Palms
6 Crape Myrtles
12 Holly Trees
13 Drake Elms
6 Bradford Pears
6 Red Oaks '
6 White Oaks
1 Sago Palm
35 Medjool Palms
25 Assorted Trees
25 Assorted Trees
This works out to be over one tree per week for the last three years and with the
tree farm in production the number could increase to over three trees per week. The Parks
Division planting 15 gallon trees at the wholesale cost of $50.00 each for 200 trees equals
$10,000 in trees alone being planted in the City of La Porte with a retail cost of $20,000.
PROCLA~1,A TION:
Whereas.
Whereas.
Whereas.
Whereas.
Whereas.
Whereas.
Whereas.
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Arbor Day Celebration
In 1812, 1. Sterling Morton proposed to the Nebraska Board of
Agriculture that a special day be set aside for the planting of trees,
and
this holiday, called Arbor Day, was first observed with the planting
of more than a million trees in Nebraska, and
Arbor Day is now observed throughout the United States and the
wor1~, and ,
to'eJ:lvision a world where trees and forests are abundant, healthy,
sustainable, and highly cherished by all people, and
trees can reduce the erosion of our topsoil by wind and water, cut
heating and cooling costs, moderate the temperature, provide
habitat for wildlife, produce life-giving oxygen, and clean the air,
and
trees in our city enhance property values, increase the economic
vitality of business areas, and add to the esthetics of our
community, and
trees, wherever they are planted, are a source of elation and
spiritual renewal.
Now. Therefore, I. , Mayor of the
City of La Porte, do hereby proclaim
as
Arbor Day
In the City of La Porte, and I urge all citizens to celebrate Arbor Day
and to support efforts to preserve our trees and woodlands, and
Further.
Dated this
I urge all citizens to plant trees to gladden the heart and promote
tbe interests of the environment for future generations.
day of
Mayor
1* Does not Include irrl..Qatlon costs
,
Plantin
Prunin
Mulchin
Removal
Subtotal, Parks & Recreation
Golf Course Planting
Pruning
Mulching
Removal
Subtotal, Golf Course
Planting'
Pruning
Mulching
Removal, Street Trees
Yard Tree Pickup, Mulch Prep. & Distribution
Subtotal, Public Works
Total, All De]!artments
-
1Bud~ Jacobs}
1Dennis HlavaM.
Bay Forest
Public Works
o
o
o
6,900
180,000
186,900
274,858
54,958
3,000
22,000
o
8,000
33,000
-
IBert Clarl9.
Parks & Recreation
Department
Consolidated Estimated Annual Tree Re'lated Expenditures*
for the City of La Porte
February 2, 2004
Function
, Estimated Cost
Materials, Labor, & Equipment
15,782
12,168
12,792
14.216
Tree Cities
,
The National
Arbor 031 Foundation.
r
~~ 1~ JrllmB :rf~~
--~'f~~j~~~I~~ ~J~;~~)'~~~ :~':-t~:t~,':;:
. About Us
. Tree Store
. Tree Guide
. Get 10 Free Trees
. Gift Trees
. Online Tree 10 Guide
. Your Hardiness Zone
. Tree Resources
. Arbor Day Dates by State
. Arbor Day Farm
. Arbor Day History
. How to Celebrate
. Conferences I Seminars
. Rain Forest Rescue
. Tree City USA
. Youth Education
. BequestslPlanned Giving
. Corporate SponsQrs
. Join the Foundation
.PSAs-TV .
. Press Release Archive
. Storm Recovery Kit
"In the woods we return to
reason and faith,"
. Ralph Waldo Emerson
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Page 1 of2
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PRO~RAMS
JOI N I SUPPJJRT
--
Tree Cities in Texas
CITY
Addison
Allen
Amarillo
Arlington
Austin
Brownsville
Bryan
Buffalo Gap
Burleson
Carrollton
College Station
Colleyville
Coppell
Denton
Duncanville
Dyess AFB
Euless
Farmers Branch
Flower Mound
Fort Worth
Frisco
Goodfellow AFB
Granbury
Grand Prairie
Grapevine
Greenville
Houston
Keller
Lackland AFB
Lake Jackson
Laredo
Laughlin AFB
Lewisville
Lubbock
Lufkin
McKinney
Mesquite
Muenster
Nas Jrb Fort Worth
New Braunfels
Odessa
Pecos
Plana
Randolph AFB
Rockport
Rowlett
Sheppard AFB
Southlake
Sunset Valley
Trophy Club
Uvalde
Victoria
Waco
Weatherford
West University Place
Westlake
YEARS
3
3
8
5
12
5
17
3
15
3
14
6
9
13
2
9
18
20
10
25
1
11
2
20
18
9
19
11
10
22
2
10
10
6
14
1
14
2
9
16
9
7
15
11
6
4
10
7
8
2
12
5
14
13
14
4
POPULATION
14766
64045
179287
332969
687708
152263
65600
463
25575
113800
67900
19636
35000
91588
36220
5000
49758
24500
55000
534694
60156
4988
6050
137872
42298
25000
1933000
32800
36000
26000
176567
3000
83850
204737
32079
54369
129642
1556
4000
39010
93195
9000
237950
5000
7658
50437
28600
24150
450
7600
16729
60603
113000
19500
14211
207
",,,,,n ,,,,,^^ A
Welcon
II Cart
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.My,
. Horr
.Con
Searc
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Arbc
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TEXAS DEPARTMENT OF TRANSPORTATION
LANDSCAPE DEVELOPMENT GUIDELINES
TREE AND SHRUB PLANTmG
Governmental and private entities may install landscape development pr.ojects on Texas Department of
Transportation right-of-way through agreement or permit. All plans for any type of landscape development on Texas
Department of Transportation right-of-way must be submitted to:
Director of Maintenance
Texas Department of Transportation
P.O. Box 1386, Houston, Texas 77251-1386
Attn: Landscape Architect
Please note that given distances will not always be practical. Variations in site-soecific conditions need to be
considered and mav warrant soecial treabnent. Special considerations are evaluated using safety, maintenance and
aesthetic criteria. Existing historic, aesthetic, or environmentally important trees may be retained within the recovery
area iftbey are protec~d or are not in a target position, such as the outside of horizontal curves.
Clear Zones
TREES:
Curb and Gutter'- For central business districts and local streets with barrier curbs and a design speed of
less than 45 mph, a minimum distance of 8' should be provided beyond the face of the curb (see overhead
clearance). On urban arterials and collectors with similar curbs with speeds greater than 45 mph, the offset
distance should be increased to 18'. (This is for trees that will be greater than 4" in caliper at maturity.
Smaller trees may be accepted on a case-by-case basis, the minimum being 8'.)
Shoulder Sections - No plants with a caliper greater than 4" at maturity will be allowed within 32' of the
travel lane (includes dedicated lane associated with a ramp). An offset of 18' may be allowed'(on a case--
by-case basis) adjacent to ramps.
Guardrail - The minimum distance behind guardrail depends on the deflection of the guardrail. Examples
of this setback distance are 16' for cable guardrail, and 6' for W-Beam guardrail (see overhead clearance). '
Rigid Obstructions - There is no minimum setback distance behind rigid obstructions, such as walls and
concrete barriers, nontraversable back slopes, or banks. However, tree branching pattern and tree
maintenance shall detennine minimum distance, typically 8' (see overhead clearance).
SHRUBS I GROUNDCOVERS:
Shrubs and groundcov~rs may usually be planted within ~e cle~ zones described abQye. , Drainage, runoff,
sight distance;,~(ts~,are the key considerations for approvaL," ',',,',' ,: .
Overhead Clearance
Sidewalks - A minimum height of 7' should be maintained above pedestrian sidewalks.
Roadways - A minimum height of 17' should be maintained above roadways.
Si2ht Distances ,
Please note that all of these distances may be adjusted, more or less, depending on the design spee4 and geometry of
the roadways involved. Please refer to A Policy on Geometric Design of Highways and Streets - 1994, by AASHTO
for exact distances.
intersections - A good rule of thumb for preliminary. design consideration is a sight triangle (position of
drivers eye and along face-of-curb) of: .
. No Control or Yield ~ 45 mph
. No Control or Yield> 45 mph\
= 325' minimum from intersection of each roadway.
= 1000' minimum from intersection of each roadway.
. Controlled ~ 45 mph
50' minimum along controlled side of intersection.
325' minimum along uncontrolled side ofintetsection.
50' minimum along controlled side of intersection.
1000' minimum along uncontrolled side of intersection.
. Controlled> 45 mph =
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Benefits of Trees
Some benefits of trees ~d why it is important for us to preserve and/or plant trees:
. Trees increase our property'values.
> The aesthetic value of trees adds to the desirability of urban areas for personal and
business relocation (U.S. Department of Health, Education and Welfare publication)
> Trees can add between 7 and 20% to a home's value. (U.S. Forest Service)
> In a 1981 Federal Tax court case (in Virginia), it was detennined that the loss ofa
100-year-old oak tree on a property that was initially valued at $164,000, reduced
that property's value by $15,000 or 9%.
> A 1983 study showed that homes with trees sold for an average of $9,500 more than
homes without trees. (Davey Resource Group: Urban Forest Benefits)
. Trees have positive effects on consumers
> Most retail environments have 5% or less canopy coverage.
> Consumer ratings are significantly higher for business district/retail centers with
trees.
o Amenity and Comfort ratings were 80% higher for a tree-lined sidewalk
compared to a non-shaded street.
o Qualitr of Products ratings were 30% higher in district!!, ha~g trees over
those with barren sidewalks. '
o Customer service issue ratings were 15% higher for districts having trees.
> Consumers are willing to pay more for parking in a well-landscaped business district.
> Surveys indicate that consumers were more likely to spend more for goods in
landscaped/treed businesses than in businesses with no trees.
(Study by University of Washington, Center for Urban Horticulture, Dr. Kathy Wolf)
. Trees beautify our homes, neighborhoods and cities and improve our quality of life.
> A study conducted at the University of Delaware showed that surgical patients who
had a view of trees and landscaping outside their windows shortened their hospital
stays by 8%, received fewer negative comments in nursing reports and took fewer
pain killers than patients who had no views.
> Patients took up to 40% less extra-strength pain medication when they had views of
trees and landscaping outside of their windows. (Ulrich 1984)
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million. (USDA Forest Service Northeastern Research Station- Urban Forest State
Summary Data)
~ In other studies, it was detennined that streets lined with mature trees had 100 to 3000
dust particles per liter of air while streets without trees had 10,000 to 12,000 dust
particles per liter. (Journal of Aboriculture, 1975)
~ Over a year's time, one acre of trees offsets the C02 produced by driving a car
21,000 miles.
. Trees shade our homes and lower our energy bills.
~ In Atlanta, heat islands are as much as 12 degrees higher than the surrounding
wooded areas with a corresponding increase of energy use in downtown of 4%. (AF:
UEA)
~ Trees in Austin's residenti~ neighborhoods provide about $6.3 million in direct
cooling energy 'benefits. The average savings per home was $43 and if every home in
Austin planted one optimally located tree, the additional annual savings would
increase by $8.2 million once these trees reached maturity. (AF: UEA in Austin,
J 996)
~ Reductions in energy use result in less burning of fossil fuels, which in turn reduce
Nox (nitrogen oxides). In Houston power generation is one of the largest sources of
Nox emissions. (according to GASP)
~ The evaporation from a single large tree can produce the cooling effect of 10 room
size air conditioners operating 20 hours a day. (USDA pamphlet #FS-363)
~ One tree that shades your home will also save fossil fuel, cutting C02 buildup as
much as 15 forest trees. (NADF pamphlet #90980005)
~ In 50 years, one tree generates $30,000 in oxygen, recycles $35,000 of water and
removes $60,000 of air pollution. (USDA pamphlet FS #R1-92-100)
~ Scientists have found that the temperature of artificial surfaces can be 20 to 40
degrees higher than that of shaded surfaces. (NASA Research)
. Trees slow and reduce stonnwater runoff; they improve and protect the quality of our
drinking water.
~ Trees can reduce runoff in urban areas by up to 17%. (Us. Forest Service 1988
study) ,
~ In Atlanta, trees provide $833 million in stonnwater benefits. (AF: UEA)
~ In Austin trees provide $122 million in stonnwater benefits. (AF: UEA)
.:. For stormwater retention, American Forests used an average of $2/cubic foot of storage
~ The canopy of a single large live oak can intercept up to 28% of a major rainfall. (AF:
UEA executive summaries)
~ In addition the root systems of trees act as a filter by trapping pollutants that could
contaminate our water.
o 47% of surface pollutants are removed in the first 15 minutes ofa storm, this
includes pesticides, fertilizers, etc. (University of Georgia, Dr. Coder)
o 37,500 tons of sediment per square mile per year comes off of developing and
developed landscapes- trees could reduce this value by 95%, $336,000 annual
control cost savings with trees. (University of Georgia, Dr. Coder)
City of West University Place, .as
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Page 1 of3
"
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Code of Ordinances and Home Rule Charter:
CITY OF"
1fW'''''''"'
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City Ordinances
Code of Ordinances and Home Rule Charter:
Title Page
Code of Ordinances! Amendments
Table of Contents
Home Rule Charter
Chapter 1 - General Provisions
Chapter 2 - Administration & Finance
Chapter 3 - Advertising
Chapter 4 - Alcoholic Beverages
Chapter 5 - Animals
Chapter 6 - Buildings & Development
Chapter i - Ovil Defense & Disaster Relief
Chapter 8 - Electricity & Alarm Systems
Chapter 9 - Fires & Medical Emergencies
Chapter 10 - Food & Food Handlers
Chapter 11 - Garbage & Trash
Chapter 12 - Health & Sanitation
Chapter 13 - Motor Vehides & Traffic
Chapter 14 - Munidpal Courts & Police
Chapter 15 - Offenses & Misc. Provisions
Chapter 16 - Parks & Recreation
Chapter 17 - Plumbing Gas & Solar Electridty
Chapter 18 - Public Facilities
Chapter 19 - Street Areas & Public Places
Chapter 20 - Subdivisions
Chapter 21 - Taxation
Chapter 22 - Urban Forest & Preservation
Chapter 23 - Utilities
Standard Code S,chedule
Rules of Procedure Schedule
Fee Schedule
Charter & Code Index
Zoning Ordinance
Comprehensive Plan
Amendments
Certain sections of the code of ordinances have been affected by ordinance amendments. For a list (
amendments, induding copies dick here. To request a copy of the amendment, please contar
Kaylynn Holloway at kayh(ij)westu.or or 713.662.5813.
Areas of Interest:
GeneI.al].of.gLrn!IDQ!1
AI}ImgLQIdI.n.~_Ilt;;~A..gng.J,jt;~n.s.iIlg
Sjgns.
General Infonnation:
illtl~_ryi!,tiQn
M_QtQLV,ghig~.s...i!()~'-Trgffi~
Various ordinances of concern to residents are described below. The listing is not all-indusive I
means, but represents the ordinances asked about most often. Copies of all City ordinances are av
from the City Secretary for a fee.
City of West University Place, ..as
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Page 2 of3
The staff contact is:
.. Kay Holloway, City Seaetary 713-662-5813.
1. It is unlawful for any person to:
a. discharge any firearm within the City;
b. discharge fireworks within the dty;
c. discharge a BB gun, pellet gun, slingshot, arrow, missile or similar device within the City;
d. leave a firearm, including a BB gun or pellet gun, unsecured when a minor coull
possession.
2. Garage sales may be conducted for up to three consecutive days, no more than two times pt
at any given residence. No garage sale may be wnducted on a Sunday or a holiday. Then
be an interval of at least six months between two garage sales at any given residence. N
merchandise may be brought onto the premiSes where the sale is conducted from a
source. Garage sale signs may not be placed on the street right-of-way (between the OJ
sidewalk) and must be removed within 12 hours after the sale.
3. House address numbers must' be prominently displayed within 24 inches of the entrance
home, with numbers measuring at least 2 1/2 inches high, so as to be visible from the street
4. Loud, disturbing, unreasonable noise is not permitted within the City between the hours of
PM and 7:00 AM daily and, in addition, between the hours of 7:00 AM and 1:00 PM on Sunde
5. No debris may be dumped, thrown, placed or discharged into Poor Farm Ditch (running
Edloe Street through the center of the City). Blocking the natural flow of water through th.
is also prohibited.
Animal Ordinances and Licensing:
All dogs and cats over six months of age and residing in the City for more than 30 days m
licensed. To obtain a license, present proof of rabies vaccination to Development Services,
Amherst between 8:00 am and 5:00 pm, Monday through Friday. You will be asked to complete ;
and to pay a fee as shown below. Ucenses are valid from April 1 until March 31 of the fol
year. The Police Department keeps the licensing records available 24 hours a day to aid in the rei
found animals. Please wntact them at 713.668.0330 if your pet becomes lost or runs away or if you
stray animal.
Ucensing Fees
A one-time registration tag will be issued upon payment of the a $20.00 fee and proof of immunizati
All pets must be under the control of their owners at all times. Dogs must be leashed unless endc
your home or fenced yard. No animals are permitted in City parks or on the school playgrounds
time, whether leashed or not. NO residents may own or keep more than three dogs or cats over tI
of six months at anyone time. West University Place does have a "pooper-scooper" law, requiri
owners to clean up after their animals. Be a good neighbor and take care of your pets.
Signs:
One sign may be posted in front of your home at any given time. (Real estate, garage sale, contr
logo, etc.) No signs may be posted on utility poles or in the street right-of-way or park-way
between the curb and the side-walk) at any time.
Tree Preservation:
The City enacted the Urban Forest Preservation Ordinance in 1992. This ordinance protects all tree
six inches in diameter. This requires that a homeowner must apply for a permit to remove a tre
their property. If the tree is wnsidered healthy, a fee is charged for the permit and replacement
City of West University Place, ys
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Page 3 of3
can be assessed. A tree that is dead, dying or is considered hazardous will not have to be replaced.
There are requirements for tree protection when any development work is being done c
property. Development work can include anything from installing a sprinkler system to building
house. If you are contemplating any of these activities, please come by the Building Division or c
infonnation, 713.662.5833. '
Motor Vehicles and Traffic:
The speed limit throughout West University Place is 30 mph unless posted otherwise. This law is
enforced at all times. .
It is a violation of City ordinance to stop or park you vehicle for any period of time in any of the fol
locations:
1. on or across a sidewalk;
2. within an intersection;
3. on or in a crosswalk;
4. alongside or opposite any street excavation or obstruction when doing so would obstruct
5. on a bridge or railroad track;
6. at any other location where official signs prohibit stopping.
It is violation of City ordinance to stop or park a vehicle, whether occupied or not, except moment
pick up or discharge passenger(s), in any of the following locations:
1. in front of a public or private driveway;
2. within 15 feet of a fire hydrant;
3. within 20 feet of a crosswalk at an intersection;
4. within 30 feet of a flashing signal, stop sign, or yield sign;
5. within 20 feet of the driveway entrance to any fire station, or within 75 feet of that entrance wi
properly posted with signs.
It is a violation of City ordinance to park a heavy truck, a boat, a recreational vehicle or a trailer,
detached part of any of these vehicles, overnight on a street, private property or any other place
the City for any two or more days out of any period of 30 consecutive days.
It is a violation of City ordinance to park or leave a vehicle standing on a roadway for the pI
purpose of displaying it for sale.
@ 2000 The City of west University Place, All rights reserved,
3800 University Boulevard, West University Place, TX 77005-2899
phone: 713.668.4441 www.westu,org
disclaimer and orlvacv notice
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last modified: 04/20/2004 12:46:46
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Chapter 22
Urban Forest Preservation & Enhancement
Subchapter A. In General
Sec. 22.001. Purpose; findings.
Sec. 22.002. Definitions.
Sec. 22.003. Tree disposition; surveys.
Sec. 22.004. Tree permits.
Sec. 22.005. Replacement trees.
Sec. 22.006. Protective fencing.
Sec. 22.007. Visibility triangles.
Sec. 22.008. Administration; appeals, etc.
Sees. 22.009-22.508. [Reserved].
Sec. 22.509. Violations.
Sec. 22.5 I 0, Other regulations; conditions
Subchapter A. In General
See. 22.001. Purpose; findings.
(a) Purpose. The purpose of this Chapter is to preserve and enhance the urban forest of the City.
(b) Findings. The City Council has determined the following: The urban forest is of great value in
the maintenance of public' health and welfare. The urban forest cail aid in the conservation of vital
energy resources and natural'reso~ce~, and in the preservation of the City's heritage and quality of life.
Trees" are a valuable ~enity to the urban environment, creating greater human comfort by providing ,
shade, cooling the air through evaporation, restoring oxygen to the atmosphere, reducing glare, reducing
noise levels, providing an ecological habitat for songbirds and other animal and plant species, providing
for more effective transitions between different land uses and breaking the monotony of urbanized
development, pre~evelopment, or construction. The urban forest of the City should be preserved and
enhanced, to the maximum extent feasible, consistent with the property rights of its citizens.
Sec. 22.002. Definitions.
Uniess the context otherwise clearly requires a different meaning, the following terms, as used in
this Chapter, shall have the meanings indicated below. ,
(I) "Circumference" of a tree means the circumference of its trunk, measured as prescribed
in the criteria manual" and in Figure I attached to the criteria manual". For conversion to
diameter, the circumference can be divided by 3.142.
(2) "Critical root zone" means, for any given trer:, the area within a circle centered on the
trunk location. The circle's diameter is one-half the sum of the broadest and the
narrowest dripline diameters. See Figure Ib attached to the criteria manual".
(3) "Criteria manual" means the "Criteria Manual" dated February 1994, a copy of which is
on file in the office of the City Secretary, which is hereby approved, adopted and
incorporated into this Chapter by reference.
(4) "Damage" a tree" means to take any action which could result in a tree's death, either
immediately or at any time within two years following the action. Some examples of
such action, which are not intended to limit this definition, are as follows: severing the
main trunk or large branches or large roots, girdling, poisoning, carving, mutilating,
touching witb.live:wires, piercing with nails or spikes, crushing or exposing the roots,
digging or drilling any hole larger than three cubic feet (or a trench) within the critical
root zone", covering a subs,tantial part of the critical root zone" or compacting a
substantial part of the soil in the critical root zone".
(5) "Large tree" means a tree" with a circumference" of 19 inches or more. In case a tree" is
removed, it is presumed to have been a large tree" if the diameter of the stump is six
inches or greater, measured in any direction. (Also see the definition of significant trees"
.)
(6) "Located." A tree" is "located" within an area if any part of its trunk is within the area at
ground level.
(7) "Low-value tree" means a tree included in "Class IV" of the criteria manual (see
appendix) which is evaluated by the urban forester under the criteria manual and
assigned a total rating less than 30 (out of 40 possible points).
(8) "Minimum planting standard" means the minimum standard for total number of trees"
which must be present on a site regardless of the number of pre-existing or replacement
trees", as set forth in the criteria manual".
Footnotes in Chapter 22: 0 = defined ID Chapter I c = defined ID thiS Chapter 22 z = defined in zoning orcbnance
Page 22-1
CHARTER & ORDINANCES, City afWest University Place. Texas, July 31, 2003
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(9) "Multiple-trunk tree" means a tree" with two or more trunks visibly connected above the
ground.
(10) "Protected tree" includes:
(i) a significant tree" anywhere in the City; and
(ii) a large tree" located" within any of the following: (A) a front yard"; (B) a street side
yard" (of comer sites); or (C) a right-of-way area"; and
(iii) When there is a permit in effect for developmentO or pre-development activity" on
any subject site", "protected tree" includes all large trees" located" on that subject
site".
(II) "Qualified tree" means any tree" listed in Class I or IT of the criteria manual" which has a
trunk diameter of at least two inches, measured six inches above the ground..
(12) "Remove." To "remove" a tree" means to cut it down or remove it by any other means.
(13) "Replacement tree" means a tree" meeting the minimum criteria for replacement trees" as
set out in the criteria manual" and this Chapter.
(14) "Right-of-way area" includes all parts of a street area, including: (i) the paved or
improved roadway, (ii) the sidewalks, (iii) the curbs or ditches, and (iv) all other paved
or unpaved areas in the street area". The "right-of-way area" for an individual site
includes only the area between the property line of the site and the centerline of the street
area" (Le.,-the directly abutting area in the street area"). A comer site has a right-of-way
area" both in front and on the side.
(15) "Street side yard" means the setback area required by the zoning ordinance and measured
from the side street line of a building site" or a potential building site".
(16) "Significant tree" means a large tree" with circumference" of36 inches or more. In case a
tree" is removed, it is presumed to have been a significant tree" if the diameter of the
stump is 12 inches or greater, measured in any direction. (Also see definition of large
tree" .)
(17) "Street gutter flow line" means the street gutter flow line of the curb adjacent to and
bordering upon a visibility triangle". If there is no curb, the height restrictions set forth
in this Chapter shall be based upon the actual level of the street area adjacent to and
bordering upon the visibility triangle".
(18) "Subject site", for any given development" orpre-development activity", includes: (i) the
building site", or other site, upon which the deve10pmentO or pre-development activity"
would occur; plus (ii) the right-of-way area" for that site.
(19) "Tree" means a woody plant having one well-defined stem or trunk, a defined crown and
a mature height of at least eight feet.
(20) "Tree permit" means a valid permit issued by the Building Officialo authorizing removal"
of or damage" to a protected tree". ,
(21) "Tree disposition conditions" means conditions approved by the urban forester
pertaining to the disposition and protection of trees" when developmentO or pre-
development activity" occurs. See below.
(22) "T~e,e,trust" means any person or entity which meets all of the following criteria: (i) it is
operated on' a profit-making or !1ot..for-profit basis; (ii) the urban forester has determined
that it has the resources, organization and expertise to plant and maintain trees
successfully in an urban setting and in compliance with certificates issued to the City;
and (iii) the urban forester's determination has not been revoked or suspended.
(23) "Tree survey" is an on-the-ground survey containing the location of trees", their
circumferences", types (species), crown areas (drip line) and other data, all as more
particularly described in the criteria manual". Unless otherwise indicated in the criteria
manual", the tree survey" must depict for any given subject site": (a) every large tree"
located" in the subject site", and (b) every large tree" located" elsewhere which has 30%
or more of its critical root zone" in such subject site".
(24) "Urbim forester" means a persono so designated and acting under this Chapter.
(25) "Visibility triangle" means the area at a street comer lying within a triangle beginning at
the precise intersection point of the curbs of each of the two streets forming the comer
and extending twenty feet along each curb line away from the curb intersection point,
with the third side being determined by drawing a straight line connecting the ends of
such twenty-foot extensions. If there is no curb on such a street, the twenty-foot line
Footnotes ill Chapter 22: 0 = defined in Chapter 1 c = defined 1D thIS Chapter 22 z = defined in zoning ordmance
CHARTER & ORDlNANCES, City o/West University Place, Texas. July 31, 2003
Page 22-2
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shall follow the central flow line of the ditch paralleling the uncurbed street. The
visibility triangle" may include both public and private property.
Sec. 22.003. Tree disposition; surveys.
(a) General requirement, Every permit for development" or pre-development activity" must contain
tree disposition conditions" meeting the requirements of this section.
(b) Essential and mandatory conditions. Tree disposition conditions" are the most important means
of protecting the urban forest of the City from unreasonable harm during development" and pre-
development activity". Tree disposition conditions" shall:
(I) Prohibit removal" of or damage" to any large tree", except:
(i) removal of a tree" which is diseased, severely damaged or dead may be authorized;
and
(ii) damage to or removal" of a tree" which causes an unreasonable impediment to the
use and enjoyment of the applicant's property may be authorized; and
(iii) damage" to or removal" of a low-value tree" may be authorized.
(2) Require replacement trees", to the extent provided in the criteria manual", for any large
trees" authorized to be damaged" or removed". Exception: No replacement is required for
low-value trees".
(3) Require protection for large trees" (and critical root zones"). The conditions may
specify the methods of protection to be used.
(4) Require that any authorized damage" to trees" be minimized and mitigated, The
conditions may specify methods of mitigation to be used.
(5) Require, if there is major developmentO, that the affected subject site" attain a minimum
planting standard" of tree" density as set forth in the criteria manual".
(c) Procedure. The Building Officialo shall not issue any permit for any development" or pre-
development activity" unless all of the following have first occurred:
(I) Tree Survey. The applicant must have filed a tree survey", and the urban forester must
have approved it for compliance with this Chapter
(2) Tree Disposition Conditions. Tree disposition conditions" approved by the urban
forester must have been inserted into the permit. The urban forester may require all
personso owning land where a tree" is located" to agree to any removal" of or damage" to
the tree" authorized by the conditions.
(d) Low-impact" exception. Except for the requirement to insert the mandatory conditions, this
section does not apply to a subject site", project or other activity that will not have any significant,
adverse effect upon any large tree", as determined by the urban forester.
Sec. 22.004. Tree permits.
(a) Permit required, A tree permit" is required for removal" of or damage" to any protected tree",
unless the damage" is separately authorized by tree disposition conditions" as described above. See
Section 6-509 for a more particular description of the requirement for a tree permit".
(b) Criteria for issuance of permits. The Building OfficialO shall only issue Ii tree permit" if (I) and
either (2) or (3) arej)tesent:' , ,"", _ " : ': _, '
(I) Application, An application for the permit must be filed by the owner of the area where
the tree" is located", If the tree" is located" on a property boundary, all owners must join
in the application.
(2) Tree in poor condition; hazards; low-value trees". The tree" in question is diseased,
severely damaged or dead, or the tree" creates a hazard to human life or an existing
building, or the tree is a low-value tree", In any of these cases, the permit shall be issued
without special conditions or replacement requirement.
(3) Tree as impediment to proposed use of the subject site". The tree" in question causes an
unreasonable impediment to use and enjoyment of property. Any permit issued in this
case shall be reviewed by the urban forester and shall require that any replacement trees"
required by this Chapter be planted. If replacement trees" are to be located" on a subject
site" controlled by the permittee, the permit shall also require that they be thereafter
maintained. If the permit would authorize damage" to a protected tree", but not removal",
the permit must contain conditions reasonably calculated to minimize the damage" to the
protected tree" (and may require replacement trees).
Footnotes in Chapter 22: 0 = defined in Chapter 1 c - defined ID thIS Chapter 22 z = defined in zoolDg ordinance
CHARTER & ORDINANCES, City o/West University Place, Texas. July 31, 2003
Page 22-3
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Sec. 22.005. Replacement trees.
(a) Number of replacement trees. Tree disposition conditions. and tree permits" authorizing
removal. of or damage. to large trees. or protected trees shall normally require replacement by one or
more newly-planted trees. on the same subject site. according to the "replacement inch" stipulations in
the criteria manual.. If this is not feasible, the permittee must either: (i) plant and maintain off-site
replacement trees. in reasonable proximity to the subject site., subject to the provisions of the criteria
manual"; or (ii) provide replacement trees. by means of replacement inches obtained through a tree trust",
as set forth in the criteria manual..
(b) Minimum size. Replacement trees. must normally have a trunk diameter of at least two inches
measured six inches from the ground. The urban forester may prescribe a proportionally smaller trunk
diameter for species of trees. typically smaller than normal.
(c) Qualified trees under zoning ordinance. To be a "qualified tree" under the zoning ordinance, a
tree. must comply with the definition of "qualified tree" set out in this Chapter.
(d) Standard of review. The urban forester" shall use reasonable best efforts to determine the type
and number of replacement trees. required in an attempt to minimize any undue burden resulting from
this Chapter.
(e) Trees in street areas. Before authorizing the establishment or maintenance of a tree" or
decorative landscaping (or any related appurtenances such as lighting or a watering system) in a street
area, the Building Official" must: (i) be satisfied that TEX. TRANS. CODE, Chapter 316 has been
complied with and (ii) determine there would be no violation of the provisions of this Chapter relating to
visibility triangles.. The Building Official" is designated by the City Council to make the determinations
contemplated by Section 316.003 of said Chapter 316.
(f) Replacement inch certificates. If a tree trust" issues an effective "replacement inch" certificate
to the City, the "replacement inches" described in the certificate are treated the same as trees. actually
planted as of the date of the certificate. To be effective, the "replacement inch" certificate must state
unconditionally:
(I) the name of the applicant and the project to which the "replacement inches" apply;
(2) that the tree trust" will plant the specified "replacement inches" within reasonable
proximity of the subject site., and within the City limits, on or before a specified planting
date, which must fall within 365 days following the date of the certificate;
(3) that the "replacement inches" will be planted and maintained in accordance with the
provisions of this ordinance and the criteria manual.; and
(4) That all costs have been paid.
A certificate may be conditioned so that it would only become effective if the applicant fails to plant
other trees. by the specified planting date.
(g) Replacement inch credits. An owner of a site in the City who plants a Class I or Class n tree. on
that site is eligible to receive a credit for future "replacement inches." The owner may use the credit to
offset the number of "replacement inches" assessed for protected trees. removed. from the same site at
any time in the future. Credits are subject to the following:
(1) Issuance. Credits are only available for trees. registered with the urban forester" within
30 days following the day they are planted. Registration requires application and proof
of planting. The registration form shall specify the size and species of each tree" planted
and its location on the site.
(2) Measurement. The number of replacement inches actually credited is determined by the
urban forester" at the time an offset in requested, based on the health and size of the
previously-registered trees" and applying the provisions of the criteria manual. regarding
calculation ofreplacement inches.
(3) Transferability. Credits are not transferrable to another site but may be claimed by
subsequent owners of the same site.
(4) Records. The City is not responsible for keeping registration or other records of credits.
A person" claiming a credit must present documents to show that the credit is available
and applicable.
Sec. 22.006. Protective fencing.
(a) Fences required. Unless otherwise specified in the applicable tree disposition conditions., each
Protected tree. to be preserved must be fenced during development" or pre-development activity".
Footnotes in Chapter 22:, 0 - defined IR Chapter 1 c .., defined IR thiS Chapter 22 z - defined IR zorung ordinance
CHARTER & ORDINANCES, City a/West University Place, Texas, July 31, 2003
Page 22-4
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(b) Fence criteria. The tree disposition conditionsc shall specify protective fencing of the critical
root zone. whenever reasonably practicable, unless a different area is prescribed in accordance with the
criteria manual.. Unless the tree disposition conditionsc specify otherwise: (i) a six-foot or higher fence
must surround each protected treeC or group of protected trees, effectively preventing people, machinery,
trash, material and other items from occupying the area within the protective fencing; (ii) the fence must
be constructed of durable, highly visible materials supported on poles fIrmly set in the ground; (iii) the
fence must be able to resist intrusions and impacts likely to be encountered on a construction site; (iv) the
fence may incorporate existing fences or walls as well as temporary fencing; and (v) each fence must
display a prominent warning sign as set forth in the criteria manual..
(c) Fence permit. A separate fence permit is not required for construction of a fence under this
section, if a permit for the work is in effect and includes tree disposition conditions..
(d) Trash, storage prohibited. It shall be unlawful for any personD to use the area within the
protective fencing, required by this section, for trash disposal, storage, vehicle parking or any other use
that could adversely affect tree roots.
Sec. 22.007. Visibility triangles.
It shall be unlawful for any personD to plant; grow or maintain any 'plan~, except a treeC, within a
visibility triangleC, if the plant has (or probably will have) a height greafer than three feet above the street
gutter flow linec. It shall be unlawful for any personD to plant, grow or maintain a tree. which,has
branches or foliage within or above a visibility triangleC at a height lower than fifteen feet above the
street gutter flow line.. It is presumed that a personD who owns or controls real property within the City
maintains all treesC and plants on that property. The City may enter a visibility triangleC and remove
growths prohibited by this section, and there shall be no liability to others for taking or not taking such
action.
Sec. 22.008. Administration; appeals, etc.
(a) Urbanforester. The City Manager shall appoint an experienced and qualified personD to be
chief urban forester for the City, which shall be a full-time, City employee position. The City Manager
may designate one or more other urban foresters. to act in the absence of the chief; persons so designated
may not necessarily be employees of the City, but the City Manager shall make an adequate provision for
obtaining their services by contract if they are not City employees. A person designated as urban
forester" must hold at least a bachelor's degree from an accredited four-year college or university in urban
forestry or arboriculture or must have equivalent skills and experience.
(b) Referral; duties. The Building OfficialD shall refer tree surveys., tree disposition conditions. and
applications for tree permitsC to a designated urban forester", who shall work with the applicant and other
City departments as required to administer the provisions of this Chapter. The urban forester" may
establish categories of simple, routine or low-risk surveys, plans and applications, which may be handled
summarily, without submission to the urban forester. The fees for such applications may be reduced
accordingly, ifso provided in the fee schedule.
(c) Applicability to City projects. For all City projects that may impact large trees., the appropriate
documents (tree permits., tree surveysC and tree disposition conditions.) shall, whenever practicable, be
submitted to the urban forester" for evaluation and recommendations, prior to public hearings (if held) or
final decisions taken by City Council or City staff. City approval of a City-owned subject site. or project
shall constitute approval for actions affecting the trees.. City-owned subject sites or projects shall follow
the same guidelines for treeC replacement as private subject sites or projects, except as authorized by the
City Council. ,
(d) Reference and training. The City Manager is authorized to obtain training and reference
materials for the Building OfficialD and other City staff members who may be called upon to enforce this
Chapter. The Building OfficialD is authorized to maintain reference materials on file and to make them
available, without charge, to personsD who request information in connection with construction or other
activities within the City that could affect the urban forest.
(e) Cooperation. It is the desire of the City to establish a cooperative working relationship with
personsD seeking to improve property within the City. Interested personsD are invited and encouraged to
meet and confer with City staff and to retain the services of expert foresters to provide advice and
assistance to themselves and the City. The urban forester" shall use reasonable best efforts to determine
the type and amount of replacement trees. required in an attempt to minimize any undue burden resulting
from this Chapter.
Footnotes in Chapter 22: 0 = defined in Chapter I c = defined In thiS Chapter 22 z = defined ID zoning ordmance
CHARTER & ORDINANCES, City o/West University Place, Texas. July 31, :Z003
Page 22-5
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(f) Decisions and appeals. When making decisions or performing other duties under this Chapter,
the urban forester" and the Building Officialo both shall be subject to the standards and procedures
generally applicable to the Building Officialo under this Chapter (see, e.g., Sections 6-11, et seq.).
Appeals of decisions made by either the Building Officialo or the urban forester", and applications for
variances, are heard by the Building and Standards Commission, in accordance with this Chapter.
Notwithstanding any other provision to the contrary, the Commission, when considering an application
for a variance: (i) shall take into account efforts to avoid or mitigate removal" of and damage" to trees",
particularly trees" highly-evaluated under the criteria manual", and (ii) may take into account the fmancial
cost of compliance with this Chapter, particularly as it compares to the cost of other work the applicant
may be proposing.
Secs. 22.009-21.508. [Reserved].
Sec. 22.509. Violations.
(a) Removal, damaging, killing of protected trees. Except as authorized by a tree permit", it shall be
unlawful, within the City: (i) for a persono to remove" or damage" a protected tree", intentionally or
knowingly; (ii). for a persono, who owns or controls any site, intentionally or knowingly to cause or allow
a protected tree" to be removed" ,or damaged", if if is located" within that site or the right-of-way area" of
that site.' , '
(b) Affirmative defenSes. It shall be an affirmative defense to prosecution under this Chapter for
removing", damaging" or killing a tree", that:
(I) tree disposition conditions" (contained in a building or other permit) authorized the
conduct in question; or
(2) all of the following four circumstances were present: (i) immediate action to remove,
damage" or kill the tree" in question was necessary to prevent harm to people or property,
(ii) a permit application was filed within ten days thereafter, (iii) an appropriate permit
or amendment was obtained, and (iv) there was full compliance with all conditions of the
permit or amendment. '
(c) Conditions. It shall be unlawful for any persono who applies for or receives a permit regulated
by this Chapter to fail or to refuse to comply with a condition of the permit or this Chapter. Any related
permit for the subject site" in question may be withheld until the condition is complied with to the
satisfaction of the urban forester", building officialo or any other City staff members who are called upon
to enforce this Chapter. All permits are subject to revocation or suspension as provided for in Chapter 6.
Sec. 22.510. Other regulations; conditions.
(a) Conflicts with other regulations. In any case where another City ordinance, rule or regulation
would require the removal, damage" or death of a large tree", under circumstances where this Chapter
would prohibit such action, it is the intent of the City Council that all ofthe applicable regulations shall
be read together and harmonized so that, if reasonably practicable, the large tree" is not removed,
damaged or killed.
(b) Liberal interpretations authorized. All City officials, boards and commissions are authorized
and encouraged to interpret other ordinances, rules and regulations liberally in order to minimize
conflicts with this Chapter and to protect existing large trees", except in circumstances where there might
be hazards to personsD or property.
(c) Variances. The need to protect or preserve a large tree" shall be considered a sufficient
"hardship" in all cases where a hardship is required for the issuance of a variance under City ordinances,
unless additional grounds are required by state law.
Footnotes in Chapter 11: 0 - defined In Chapter 1 c - defined In thIS Chapter 22 z - defined in zoning ordinance
CHARTER & ORDINANCES, City o/West University Place, Texas, July 31, 2003
Page 22-6
~~TICLE m. IMPROVEME,
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ARTICLE III. IMPROVEMENTS: C'~ ~ \..- ~~"'-- ~C),J
Sec. 90-56. Survey requirements.
(a) Monuments consisting of one-inch iron pipe, twenty-six (26) inches in length, shall be
placed at all comers of the block lines, the point of intersection of curves and tangents of the
subdivision.
(b) One (1) bench mark for each five (5) acres of property or fraction thereof shall be
permanently installed in an approved manner, with their location and the elevation shown on
the plat.
(c) Lot markers, shall be metal or concrete stakes placed at each corner of all lots, flush
with the average"ground elevation, or they may be countersunk, if.necessary, to avoid being
disturbed.
(Ord. No. 191,95, 11-1-55; Code 1958, 9 19-5)
Sec. 90-57. As-built plans.
The engineer representing the subdivider must present to the city, reproducible, complete
as-built plans for all paving, drainage structures, water lines and sewer lines within thirty (30) days
after completion of each contract.
(Ord. No. 191,910,11-1-55; Ord. No. 79-717, ~ 1, 10-15-79; Code 1958, ~ 19-13)
Sec. 90-58. Improvements--Requirements.
(a) Paving. Improvements shall be installed to a permanent line and grade and to the
satisfaction of the city engineer. All street construction work shall be performed by a bonded ,
contractor who has filed a faithful performance bond with the city. Approval of the plat shall
not impose any duty upon the city concerning maintenance of such improvements until the
city shall have made actual acceptance of the same. ' '
(1) The minimum improvements which the subdivider shall make or agree to
make, prior to acceptance and approval of the final plat by the city planning
commission, shall be:
a. Grading, drainage and drainage structures necessary to properly drain
the area.
b. Pavement of a width which the council has determined under its city
traffic plan, is suitable for traffic on the street.
c. Curb and gutter of three thousand (3,000) psi concrete.
d. Four-foot wide sidewalk set back four (4) feet from the curb line.
(2) Payment for streets shall be as follows:
a. The subdivider shall pay for the total cost of all minor streets.
b. The subdivider shall pay for the total cost of collector and arterial streets
in all subdivisions except single-family residential subdivisions in which the lot
ARTICLE III. IMPROVEME,
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width and the lot area are equal to, or greater than that required for R--2A
zoning.
c. In single-family subdivisions in which the lot width and the lot area are
equal to or greater than that required for R-2A zoning, the subdivider shall
pay for the total cost of grading, drainage, drainage structures, curbs, gutters
and sidewalks for all collector streets. The subdivider shall pay for the total
cost of paving and subbase up to thirty-six (36) feet of a paving width. The
city will pay for the cost of paving and subbase in excess of thirty-six (36) feet
for collector streets.
d. In single-family subdivisions in which the lot width and lot area are equal
to or greater than that required for R-2A zoning, the subdivider shall pay for
the total cost of grading, drainage, drainage structures, curbs, gutters,
sidewalks for all arterial streets. The subdivider shall pay for the total cost of
paving and ,subbase up to thirty-two (32) feet of a paving width. Th~ city will
pay for ,the cost of paving and subbase in excess of thirty-two (32) feet for all
arterial str~ets.
.. .. ... ._. .."_...__. _._..... _ . . '" .__.... __........ _. .. . ....... ._.._~ .." .... _.. _.. M_ .. ."
e. In subdivisions where less than ninety (90) percent of the residential
units are on lots with the width and lot area equal to or greater than that
required for R-2A zoning, or where more than ten (10) percent of the land
area of the subdivision is zoned other than residential, the subdivider shall
pay for the total cost of collector and arterial streets. If neither of the
conditions of this paragraph apply, the subdivider shall pay for collector and
arterial streets in accordance with subsections c. and d. of this subsection.
f. In the case where one-half ( 1/2) the paving width of an arterial is in one
(1) subdivision and the remaining paving width is in another subdivision, the
subdividers shall pay the total cost of the arterial street.
g. When the city is required to pay for paving under the terms of this
subsection, the schedules for the work and payment will be set by the city
council.
h. The city may assume a greater portion of the payment for paving of any
street under this subsection after a public hearing on the matter.
i. This subsection shall apply to any plan, plat or replat submitted to the
planning commission after August 1, 198~. However, this subse,ctio~ shall not
apply to any replat where the city has already accepted curbed streets nor
shall it apply when the city planning commission is authorized to approve and
issue an amending plat for one (1) or more of the purposes set forth iI,
V.T.C.A., Local Government Code ch. 212.
(b) Utilities. The minimum improvements which the subdivider shall make, or agree to
make, prior to acceptance and approval of the final plat by the city planning commission
shall be:
(1) Water systems with mains of sufficient size and having a sufficient number of
outlets to furnish adequate domestic wat,er supply, furnish fire protection to all lots
and meet the requirements of the city.
(2) Sanitary sewer facilities to service the subdivision and meet the req uirements
of the city.
(3) All services for utilities shall be made available for each lot in such a manner
as will obviate the necessity for disturbing the street pavement, gutter, curb and
drainage structures when connections are made.
(Ord. No. 191,96, 11-1-55; Code 1958,9 19-6(b))
ARTICLE III. IMPROVEME~
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Sec. 90-59. Same--Payments.
(a) Basic. The subdivider may award the contract and make payments directly to the
contractor, after the plans and specifications have been approved by the city engineer and
city council for all grading, paving, drainage structures, utilities and sidewalks in the
subdivision.
(b) Alternate method. The engineer representing the subdivider may present the plans'
and specifications for the water and sewer lines and paving to the city council for approval,
after which the city will advertise for bids and award the contract after the cost for such
contract has been paid to the city by the subdivider.
(Ord. No. 191, ~ 7, 11-1-55; Code 1958, ~ 19-7)
, - Sec~' 90~0:-'Drainage ea'semenr~ reqiii'fem'entif.'---'---------
(a) Storm drainage easements. In subdivisions, the developer shall provide all necessary
easements and rights-of-way required for drainage facilities, including storm sewers, open
and lined channels.
(1) Easement width for storm sewer pipe shall not be less than twenty (20) feet or
the maximum outside diameter of pipes plus sixteen (16) feet, whichever is more.
(2) Easement width for open and lined channels, up to thirty (30) feet wide shall be
at least twenty (20) feet wider than the top of the channel, comprised of at least
sixteen (16) feet of easement on one (1) side and four (4) feet on the other side.
(3) Easement width for open and lined channels over thirty (30) feet wide shall be
at least thirty-two (32) feet wider than the top of the channel comprised of a minimum
of twelve (12) feet of easement on one (1) side and the balance of the easement
width to be on the other side.
(b) Side slopes:
(1) Side slopes of lined channels shall not be steeper than one-foot vertical rise to
one and one-half-foot horizontal distance.
(2) Side slopes of unlined channels shall not be steeper than one-foot vertical rise
to three-feet horizontal distance.
(Ord. No. 80-728, ~ 1, 3-3-80; Code 1958, ~ 19-7.1)
Sec. 90-61. Streets.
(a) City streets shall be classified as minor, collector or arterial.
(b) A city traffic plan shall be prepared by the traffic commission and approved by the
planning commission and by the city council that designates present arterial and collector
streets and shows future arterial streets.
(1) Minor streets shall have a minimum right-of-way of sixty (60) teet and twenty-
seven (27) feet of paving.
(2) Collector streets shall have a minimum right-ot-way width of seventy (70) feet
and a minimum paving width of thirty-six (36) feet.
~TICLE ill. IMPROVEME1t
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(3) Arterial streets shall have a minimum right-of-way width of one hundred (100)
feet and a minimum paving width of forty-eight (48) feet.
(4) Greater width right-of-way and paving may be required by the city council upon
the recommendation of the traffic commission and planning commission or the city
staff.
(c) Future arterial streets will be designated on the traffic plan in their approximate
location. The exact location of future arterials will be set when the area is platted.
(d) Future collector and minor streets shall be designated by the planning commission
and approved by the city council on a case by case basis.
(e) Streets shall be platted with appropriate regard for all topographical features lending
themselves to attractive treatment and layout of utilities.
(f) Streets shall be named to provide continuity with existing streets.
,__,_,__~~d. NO._191. ~ 4,11-1-55; Ord. No. ~9-!~~, ~ ~~~20-79; ~od:.195~~_t!~~__________,___
Sec. 90-62. Park and recreation sites or facilities.
(a) A subdivision developer and the city have the dual responsibility to provide leisure-
time facilities for the residents of a subdivision or condominium or apartment development.
Therefore, the developer of each subdivision, condominium or apartment complex and the
city planning commission shall assure that adequate and suitable' areas for park and
recreation sites are planned for the use of the citizens of the city.
(b) The method for assuring that adequate and suitable areas for park and recreation
sites are set aside for public use shall be guided by the comprehensive master plan and
shall be governed by the following standards and regulations:
(1) The subdivider or developer shall dedicate a site or sites to the public for public
use for park purposes at the time the plat is submitted, at a location recommended
by the parks and recreation board, at a ratio of one-half ( 1/2) acre of park for every
one hundred (100) persons in the subdivision or development. This ratio is the city
standard number of acres of park to be available in ratio to the increment of
population added and to be served by the completely developed subdivision or
development complex, said added population being computed at' the rate of three
and three-tenths (3.3) persons per single-family residence or two and eight-tenths
(2.8) persons per multifamily living unit. The planning commission shall approve the
site selected. The following definitions and conditions shall apply if there is a site
dedication for park purposes:
a. The area of the park to be dedicated shall be clearly defined. Where
streets, ditches or easements infringe on or are part of the area to be
dedicated, the planning commission must agree to the acceptance of those
areas. The park dedication acreage must be in addition to the above
infringements.
b. When a subdivision or complex is to be developed in stages or by units,
the actual platting of the park area to be dedicated by the subdivider or
developer shall be completed and delivered to the planning commission with
the final plat of the first unit of such subdivision.
c. The foregoing subsections shall not apply in the case of a replat of a
plat, subdivision or addition that has previously met park requirements or the
resubdividing of existing single lots, unless the replatting results in an
A..~TICLE Ill. IMPROVEME~
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increase in park requirements.
d. Each park shall have ready access to a public street.
e. Final acceptance and approval of park lands shall be by the city council.
(2) The city council may elect to accept money as an alternative to the dedication
of land for subdivision or development complexes where there is no park designated
by the comprehensive master plan or no park or recreation facility is recommended
in the area by the parks and recreation board.
(3) The subdivider or developer may make application for this alternative by
submitting to the city council a final plat approved by the planning commission and a
written statement of intent to deposit money in the city's park and recreation
development fund at the initial rate of two hundred ninety-five dollars ($295.00) per
lot in the subdivision or two hundred fifty-two dollars ($252.00) per living unit in a '
duplex, townhouse, apartment or other multifamily units, computed on the average
base m~r~et-value of e.ighteen thousal)d dollars ($18,00Q.00),for one (1) acre of land
__________________seryed byj! street. sewer and city 'utilities. The amount of money in lieu of park acres
shall be set by the city council and shall be reviewed each year in January and may
be changed if the market value warrants.
(4) After approval of the application of the city council, the subdivider or developer
shall make payment of the approved amount of money to the city secretary at the
time of city acceptance of streets, water and sewer for deposit in the park and
recreation development fund for the purchase of park land or the development of
existing parks or recreation facilities.
(Ord. No. 77-620, 9 1, 3-21-77; Ord. No. 79-683, 9 1,1-15-79; Ord. No. 84-916, 9 1,2-6-84; Ord.
No. 86-998, 9 1, 2-3-86; Code 1958, 9 19-9.1)
State law references: Effect of approval of plat on dedication, V.T.C.A., Local Government Code
9212.011.
landscaping
Sec. 90-63. Trees and landscaping.
(a) Purpose. This section establishes the rules for preservation and enhancement of the
natural beauty of the hardwood forest and prairie that ,led the founders of the city to pick this
spot for a city. A majpr feature of the original town layout was large areas reserved for trees
and green space, both as parkland and in commercial zones. Succeeding city leaders and
developers have continued in this tradition by the setting aside of natural' areas, the planting
of trees and shrubs, and with other beautification efforts. Any landscape plan developed to
meet the requirements of this section should strive to preserve and utilize the existing trees
as much as possible. One (1) of the purposes of this section is to encourage and provide
incentives for the preservation of existing large trees on developmental tracts. The vital role
of trees and other plants in the earth's ecology is well known. This section does provide that
an alternative plan can be approved by the planning commission where strict compliance
with a subsection of the ordinance is not achieved.
(b) Definitions. The following words, terms and phrases, when used in this section, shall
have the meanings ascribed to them in this subsection, except where the context indicates a
different meaning:
(1) Building site means the tract, parcel or lot of land area being developed.
(2) Diameter means the measurement of a tree at one (1) foot above ground level.
(3) Drip line means the periphery of an area underneath a tree which would be
encompassed by the perpendicular lines dropped from the outermost edges of the
ARTICLE m. IMPROVEME~
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crown of the tree.
(4) Ground cover plants means no minimum size is required but the planting is to
be done so as to develop full coverage within eighteen (18) months.
(5) Landscape development means trees, shrubs, ground cover vines or grass
installed in planting areas, having a minimum of ten (10) square feet of actual
plantable area and a minimum inside dimension on any side of eighteen (18) inches.
(6) Permeable area means an area that is not covered with asphalt or concrete, or
other impervious material.
(7) Private property means any industrial, commercial, business, multifamily or
town home site development.
(8) Deleted.
(9) Public property means any land owned by the city, including street rights-of-
way and yards around public buildings. '
(10) Screening means any method of visually shielding or oDscunng one (1) Janel
use from another, and shall meet minimum requirements that provide a year round
visual obstruction.
(11) Shrubs means self-supporting, woody, evergreen species as normally will
grow in the county.
(12) Large tree means a tree of a species which normally reaches a height of at
least thirty (30) feet or more upon maturity.
Small tree means a tree of a species which normally reaches a height of not less
than fifteen (15) feet upon maturity.
(13) Interior of the parking lot means and will be considered to be all areas within
the perimeter of the parking area, including areas bounded by the perimeter line
when extended to their intersecting points, provided the area does not exceed an
eighteen-foot by eighteen-foot square. Any area within the perimeter, which could be
used as a parking space, may be considered for use as interior for the use of
landscaping.
(c) Landscaping requirements. This section shall be a minimum standard and shall apply
to all property zones except E-1, R-1, R.:2 and R-3 res!dential.
(1) Minimum area. No building perrriit shall be issued unless a minimum area, as
shown in Table 1, of the building site not covered by a building or structure is
devoted to landscape developed with landscaping which shall include greenery,
shrubbery and trees.
TABLE INSET:
Total Area of Site Required Landscape Development
Up to 20,000 sq. ft. 7.5% of area not covered by building or structure
'0,000 to 200,000 sq. ft. 10% of area not covered by building or structure
il,bove 200,000 sq. ft. 12.5% of area not covered by building or structure
(2) Number of trees. The required number of trees on the building site based on
ARTICLE m. IMPROVEME~
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the area of the site not covered by a building or structure shall be as follows, unless
alternative landscaping is approved under subsection (c)(8):
a. Less than 3,000 square feet. . . 0
b. 3,000-7,000. . . 1
c. -7,001-10,000.. . 2
d. 10,001-20,000. . . 3
e. 20,001-30,000. . .4
f. 30,001-40,000 . . . 6
g. 40,001 or greater, per 20,000 sq. ft., rounded to the next highest whole
tree .. . 3
(3) Approved plants. Trees, shrubbery and ground cover utilized shall be limited to
those published on approved list as maintained on file by the city's building official
and reviewed annually by thp. city's bp.alltificatinn cnmmis~inn and p1ennil"g
commission.
(4) Minimum diameter.
a. Large trees planted to meet the requirements set forth herein shall be a
minimum of thirty (30) gallon size with a minimum diameter of two and one-
half (2 1/2) inches as measured one (1) foot above the ground level.
b. Small trees planted to meet the requirements set forth herein shall be a
minimum of fifteen (15) gallon size with a minimum diameter of two (2) inches
as measured one (1) foot above the ground level.
(5) Tree preseNation guidelines.
a. All reasonable efforts shall be made by owners and developers to
preserve existing large trees. When a tree is to be preserved there shall be
no bulldozing or disturbing of the permeable area beneath the drip line of the
tree.
b. There shall be fencing around the drip line of the tree during
construction.
c. Tree prese'rvation credit. Landscape plans that preserve existing trees
found on the approved plant list shall be given credit toward the total number
of trees required as shown below:
TABLE INSET:
Diameter of Existing Tree (inches) k::r~dn Against Tree Requirement
~-9 ~.O trees
91/2-15 b.o trees
151/2-30 ~.O trees
o 1/2 or greater 12.0 trees
If a credited tree dies, it must be replaced with a credit number of trees.
ARTICLE III. IMPROVEMEN_
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(6) Buffering and screening. Screening shall conform to sections 110-168, 110-
171 and 110-172 of this Code.
(7) Landscaping plan. A landscape plan shall be submitted. For properties less
than two (2) acres, the landscape plan shall be submitted to the building official. For
properties two (2) acres or greater, a landscape plan shall be submitted in
conjunction with preliminary plat for approval by the planning commission. The
landscape plan required under this section must contain the following information:
a. Location and type of all existing trees on the lot over six (6) inches in
diameter and other natural features, and delineation of which trees or natural
features are to be retained.
b. An indication of how existing healthy trees to be retained will be
protected from damage during construction (including fencing around the drip
line and assuring nQ disturbance in drip line area). Additional recommended
guidelines for tree protection during construction or land development can be
obtained from the city staff. "
c. Location, height and material of proposed screening and fencing, with
berms to be delineated by one-foot contours.
d. Location and dimension of proposed landscape development.
e. A description of trees, shrubs, ground cover plant, shown on the plan,
names, location, quantities, size (diameter and/or container), heights, spread
and spacing.
(8) Alternate landscaping:
a. The planning commission may approve an alternative plan which is not
in strict compliance with the requirements of this section. The alternative plan
must meet the objective and purposes of this section as detennined by the
planning commission and clearly be superior to a plan that would otherwise
be in strict compliance. In making the detennination, the planning commission
may consider the existing trees to be preserved, the topography, shape, size
or other natural features of the property, the suitability of any alternative
screening or buffering proposal and other similar factors. The planning
commission may award crec;lit against th~ tree requirement of subsection (5)
above for alternative plans that preserve existing trees and natural settings or
beauty'. 'Easements and rights-of-way which have resulted in the alternative
plan being proposed will also be considered by the planning commission.
b. The city staff may approve an alternative plan which is not in strict
compliance with the requirements of this section on developmental tracts of
less than two (2) acres, provided that all of the rules under subsection (c)(8)a
are complied with.
(9) Replacement of dead landscaping plants. If any required landscaping tree,
shrub or ground cover plant should die, the owner shall replace these plants in
compliance with subsections (4) and (5) of this subsection by the end of the next
planting season.
(10) Replacement of existing landscape development. Any major modification to
the existing landscape development plan must be approved by the city's building
official.
(11) City property. Requirements of this section shall apply to land owned or
developed by the city.
ARTICLE III. IMPROVEME~
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(d) Parking lot requirements.
(1) Interior landscaping of parking lots.
a. Any parking lot to be constructed on a tract of property governed by this
section that contains twenty (20) or more spaces shall be subject to this
subsection.
b. Landscaping is not required for interior of the parking lots. For a
reduction in parking, as required by section 110-162 of the Zoning Code,
each percent over the first five (5) percent may be reduced by that same
percentage up to a twenty (20) percent maximum reduction in parking
spaces.
(2) Tree requirements. When landscaping is provided to decrease the parking
spaces required under section 110-162 of the Zoning Code, one (1) small tree shall
be required for evety ten ,(10) parking spaces of each parking lot that contains twenty
(20) ormore spaces. Each island shall ~ave a minimum of one hundred (100) square
r~~l of landscaped development and shall have at least one (I) tree. The formula
used to calculate the number of islands will be the total parking spaces divided by
ten (10). Those islands, may be grouped or separated. Some flexibility may be used
provided the parking lot is broken by landscaped island and the intent of this section
is met.
(3) Distribution. The landscaped areas for parking lots shall be distributed
throughout the parking lot. Adjustments to this requirement may be approved by the
planning commission. '
(4) Inclusive of minimum requirements. The landscaping area for the interior of
parking lots provided for herein shall be inclusive of the minimum landscaped area
requirement set forth in subsection (c) herein. The requirements set forth in this
section are exclusive of other screening and landscape requirements for parking lot
perimeters set forth in subsection (b) herein.
(e) Screening of parking lots.
(1) Perimeter trees. The perimeter of each parking lot, excluding driveways, which
fronts upon or is adjacent to a public street other than a public alley shall include
trees. The number of trees required under subsection (c)(2) shall be one (1) tree for
every thirty-foot interval of parking lot frontage, starting at end points with a tree.
Trees planted in accordance with this section shall not interfere with the existing
utilities, roadways, sidewalks or street lights. Trees planted to meet the requirements
of this subsection shall be a minimum of fifty (50) percent large trees. However, if
power line easements or other easements or impediments make use of large trees
impractical or unreasonable as to a particular tract, the planning commission may
entertain alternate landscaping under subsection (c)(B) herein. Altemate plans,
particularly those that focus on preservation of existing trees to meet the
requirements of this section, can be approved in conformance with subsection (c)(B).
(2) Perimeter screening. The perimeter of each parking lot, excluding driveways,
which fronts upon or is adjacent to a public street, other than a public alley, shall
contain a visual screen of a minimum height of three (3) feet, measured from the
surface of the parking lot perimeter. The screening must extend along the entire
street frontage of the parking lot exclusive of driveways and access ways at points of
ingress and egress to and from the parking lot and visibility triangles. Sites adjacent
to a city parkway (twenty-five (25) feet in width or greater) may use a perimeter
design which includes berms, shrubs and trees in a cluster format to where a solid
line of landscaping is not required. This will allow flexibility in the design of
perimeter planting to take advantage of city parkway. Also, at the discretion of the
ARTICLE m. IMPROVEME'
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Page 10 of11
planning commission, sites adjacent to extra wide right-of-way where the pavement
is over twenty-five (25) feet from the property line, may also take advantage of this
depth and do as is described above. Alternate plans, particularly those that focus on
preservation of existing trees, to meet the requirements of this section herein can be
approved in conformance with subsection (c)(8).
(3) Screening materials. The perimeter screening shall be constructed of at least
one (1) of the following materials:
a. Earthen berm which has a slope not to exceed one (1) foot in height for
each three (3) feet in width to be used in conjunction with shrubs, trees and
other landscaping materials.
b. Evergreen shrubbery and trees.
c. A solid stone or masonry fence used in conjunction with shrubs, trees
and other landscaping ~aterials. '
(f) Easements.
(1) Trees and shrubs shall not be placed on City easements, utility easements or '
city parkways without the approval of the city. Other plantings may be planted with
the permission of the city, subject to the city's right to remove the plantings if
entrance to the easement is needed.
(2) City-owned easements do not count as area to be landscaped by the tract
owner or developer, nor do they count as credit toward landscaping requirements
for the remainder of the tract unless there is alternative landscaping under
subsection (c)(8) herein.
(3) Easements on land owned by landowners may be counted toward the
landscaping percentage requirements.
(g) Maintenance. All landscaping required herein shall be maintained in a healthy,
growing condition at all times. The property owner shall on a regular basis mow the grass,
irrigate, fertilize, prune and otherwise maintain all landscaped areas. The property owner
shall also keep all landscaped areas free of refuse and debris at all times.
(h) Compliance with landscape plan. The property owner shall implement and maintain
the landscaped areas as described herein in accordance with the landscape plan
approved by the planni~g commission; and after,implemen!Btion of the plan, the property
owner shall not deviate from the plan unless 'the owner receives approval from the planning
commission.
(i) Noncompliance of landscape plan. If the city's building official determines that the
property owner is not in compliance with the landscape plan approved by the planning
commission, said official shall give written notice of such noncompliance to the property
owner at the address of the property. Such notice shall contain a description of the
noncompliance and require compliance within thirty (30) days of the date of receipt of the
notice by the property owner. If the noncompliance is a result of trees, shrubs or ground
cover dying, the owner shall comply with the landscape plan by planting new trees, shrubs
or ground cover by the end of the next planting season following the date of receipt of the
notice; or if the notice is received during a planting season, the owner must comply by the
end of that planting season.
0) Irrigation. The property owner shall be required to irrigate the landscaped areas by
one (1) of the following methods:
(1) A fully automatic or manual underground irrigation system.
(2) Hose attachment within fifty (50) feet of all landscaped area.
ARTICLE m. IMPROVEME~
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(3) Installation of quick coupler system with a valve one hundred (100) feet on
center.
(k) The plans that have been approved by the planning commission (or in cases of less
than two (2) acres, by city staff), prior to May 15, 2000, shall be subject to the provisions of
the Code in effect on May 14, 2000.
(Ord. No. 81-824, ~ 1,11-2-81; Ord. No. 86-1004, ~ 1, 5-19-86; Ord. No. 92-1202, ~ 1,6-15-92;
Ord. No. 00-1627, ~ 1,5-9-2000; Ord. No. 01-1656, ~ 1,4-2-2001; Code 1958, ~ 19-9.2; Ord. No.
03-1735, ~ 1, 10-6-2003)
~TICLE V. TREES, SHRUBr SCREENING FENCES
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Page 10f21
ARTICLE V. TREES, SHRUBS AND SCREENING FENCES C;~ \ \\OU~\U,.J
DIVISION 1. GENERALLY
Sec. 33-101. Definitions; figures; appendices.
(a) As used in this article, the following terms shall have the meanings ascribed below
unless the context of their usage clearly indicates another meaning:
Artificial lot means an area within the contiguous tract(s) or parcel{s) held under
common ownership and designated on the building permit application that is delineated by
the planning official for the sole purpose of satisfying the req'uirel11ents' of this article.
Association means a natural unit of vegetation characterized by a relatively uniform
species composition and often dominated by a particular species.
Block face means that portion of a block that abuts a street between two intersecting
streets.
Building setback area means the area of building line restrictions along a street as
established by or pursl,lant to division 3 of article III of chapter 42 of this Code.
Building site means:
(1) The tract or parcel of land which is designated on the building permit
application, together with all contiguous tracts or parcels of land held under
common ownership and any existing buildings and appurtenant parking, or
(2) If designated, an artificial lot contained therein and delineated by the
planning official.
Caliper means the minimum diameter of a tree as measured six inches above the
ambient grade for trees up to and including four inches in diameter, 12 inches above the
ambient grade for trees having a diameter exceeding four inches but not exceeding eight
inches and 54 inches above the ambient grade for trees having a diameter greater than
eight inch,es. ' '
Consumer price index means the "Consumer Price Index for all Urban Consumers"
as established by the Bureau of labor Statistics for the Department of labor.
Corridor tree means a tree of a species listed on the street tree list that has a caliper
of 20 inches or more and is situated in the building setback area along a local street or along
a major thoroughfare, other than a portion of a major thoroughfare that has been designated
as a green corridor.
Cost adjustment shall be the increase in any cost specified in this article as subject
thereto and calculated by the percentage change in the Consumer Price Index for the period
from January 2002 to the third month preceding the date the cost is payable where the sum
of money is computed to the nearest cent according to the following formula:
(AlB-1) )( Cost subject to adjustment
In the foregoing formula:
'A' is the index value of the 'Consumer Price Index for All Urban Consumers, U.S. city
average, All Items (1982-1984=100),' as published in the Monthly labor Review by the
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ARTICLE V. TREES, SHRUBS AND SCREENING FENCES
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Bureau of labor Statistics of the Department of labor of the United States of America
('index') applicable to the third month immediately preceding the month during which the
computation is required to be performed.
'B' is the index value of such Index applicable to January 2002.
Deciduous plants means those which shed their leaves at one time each year,
usually in the autumn.
Designated tree means a specific tree designated by the city council as having
particular historical or arboricultural significance under section 33-103 of this Code.
Dripline means an imaginary circle drawn around a tree, extending to the tree's
branching limit.
, Esplanade means an unpaved area between two paved roadway sections.
Evergreen plants means those that do not lose all of their leaves at one time, though
they shed th~ir old leaves intermittently, as new leaves come out.
Existing vegetation to be plesel veu 1I1t:C1I1~ C1ny viable grouping of or single eXisting
evergreen or deciduous trees and associated understory for which tree or buffer
preservation credit is being requested.
Green corridor means any portion of a major thoroughfare that has been designated
as a green corridor under section 33-104 of this Code.
Green corridor tree means a tree of a species listed on the street tree list that has a
caliper of 15 inches or more and is situated in the building setback area of a green corridor.
Landscape buffer means the shielding or obscuring of one land use from another by
the planting of evergreen trees or shrubs, or both, or the erection of a screening fence
designed to minimize the transmission or propagation of noise, light, vibration, or dust, from
traffic or other activity on one property to adjoining public or private properties.
Local street means a public street that is not a major thoroughfare.
Mulch means any covering except fresh grass clippings placed on soil to conserve
moisture, minimize weed growth and protect plants from extremes in temperature.
Multifamily residential means any building, or portion thereof, which is designed,
built, rented, leased, let out or hired out to be occupied, or which is occupied as the home or
residence of three or more families living independently of each other, and shall include
flats, apartments and'a condominium created under chapter 82 ofthe Texas Property Code.
. , ,
Nonresidential use means all uses other than single-family or multifamily residential
use.
Parking lot means a paved, surfaced or leveled area designed and ordinarily used for
accessory or public parking of motor vehicles, including commercial parking areas available
for lease and leased premises available for public parking. The term shall not include
parking garages.
Parking lot tree means a tree of a species listed on the parking lot tree list and
includes both large and small parking lot trees as provided on the list.
Parking lot tree list means a list of trees issued and revised from time to time by the
director of parks and recreation, which, based upon recognized arboricultural standards,
shall designate trees that are required to be used for planting in parking lots. The director
may only decline to include and may only remove otherwise suitable trees on the basis of
health or disease concerns or warnings. The list shall be subdivided into large trees and
small trees based upon canopy size characteristics.
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AftTICLE V. TREES, SHRUB. SCREENING FENCES
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Parking space means an individual vehicle parking space within a parking lot, which
shall be computed on the basis of the provisions of chapter 26 of this Code.
Parkway means the area lying between the street curb or the edge of the roadway
paving and the adjacent property line.
Parkway tree means a tree of a species listed on the street tree list that is situated in
the parkway area adjacent to any tract or parcel of land that has a caliper of 20 inches or
more if the street right-of-way is not in a green corridor, or a caliper of 15 inches or more if
the street right-of-way is in a green corridor.
Protected tree means a corridor tree, designated tree, green corridor tree or parkway
tree.
Protected tree replacement requirement means the requirement established in
section 33-105(b) or section 33-122(c), as applicable, of this Code for replacement of trees
where a protected tree is removed.
" Protected tree replacement requirement cap is a limitation nf the protected tree
replacement requirement. The cap is expressed as a maximum number of caliper inches.
The cap is computed on the basis of the total acreage of the tract or parcel of land upon
which the protected tree or trees to be removed are situated using the following formula:
(1) Less than three acres-60 caliper inches per acre.
(2) At least three acres but not more than ten acres-180 caliper inches
total for the first three acres, plus 30 caliper inches per acre in excess of
three acres.
(3) At least ten acres but not more than 20 acres-390 caliper inches total
for the first ten acres, plus 18 caliper inches per acre in excess of ten acres.
(4) At least 20 acres but not more than 25 acres-570 caliper inches total
for the first 20 acres, plus six caliper inches per acre in excess of 20 acres.
(5) At least 25 acres or more--600 caliper inches total.
Fractions of acres shall be prorated in accordance with the foregoing formula. The burden
shall be upon the person seeking application of the cap to credibly provide any land title
data and survey information required to establish the ownership and size of the tract or
parcel of land.
PUDlic street qr right-of-way means the entire width between the boundary lines of
every way which is held by the city, a county, the state or otherwise by the public in fee or
dedication when any part thereof is open to the use of the public for purposes of vehicular
travel.
Roadway means that portion of a public street which is improved, designed, or
ordinarily used for vehicular travel, exclusive of the curb, berm, or shoulder. In the event that
a public street includes two or more separate roadways, "roadway" means each such
roadway separately.
Root collar means an encircling structure of bandlike markings or a marked color
change (from the tree bark) located at the highest part of the root system joining into the
trunk of the tree at or slightly below the surrounding soil line.
Shrub means any plant, deciduous or evergreen, which is generally multistemmed
and sold by height or spread and measured in inches or feet.
Sidewalk means the paved portion of a public street right-of-way which is between
the curb lines, or the lateral lines of a roadway, and the adjacent property lines and is
improved and designed for or is ordinarily used for pedestrian travel.
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~TICLE v. TREES, SHRUB. SCREENING FENCES
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.;
Single-family residential means a building (attached or detached) designed to
contain one or two separate living units with facilities for living, sleeping, cooking or eating.
Specimen tree means an exemplary tree of good health and true to species habit
and form, containing a minimum caliper of 11/2 inches.
Street tree means a tree of a species listed on the street tree list.
Street tree list means a list of trees issued and revised from time to time by the
director of parks and recreation, which, based upon recognized arboricultural standards,
shall designate trees that are required to be used for planting adjacent to and within street
rights-of-way within the city. The director may only decline to include and may only remove
otherwise suitable trees on the basis of health or disease concerns or warnings. The list
shall be subdivided into categories of trees that are recommended for planting under power
lines and trees that are not so recommended for planting under power lines.
Temporary classroom building means a building(s) built on skids and which is utilized
by a public school district for the purpose of eliminating the shortage of classrooms in order
te bring the student/teacher ra,ti,o into complial,ce, wit! I ~I:c:att, IC:lw.
Total tree planting requirement means the total number of trees, if any, that must be
planted under this article, excluding any which might be planted as part of a landscape
buffer and further excluding the protected tree replacement requirement.
Total tree requirement means the total number of trees that must be provided under
this article, excluding any which might be provided as part of a landscape buffer, and further
, excluding the protected tree replacement requirement. This sum shall be made up of:
(1) Any street and parking lot trees to be planted; and
(2) Planting equivalency credits earned pursuant to section 33-123.
Tree means any evergreen or deciduous tree which at the time of planting has a
caliper equal to or greater than 1 1/2 inches as measured six inches above the root collar,
which is not less than six feet in height as measured from the root collar, and which meets
the Standard for Nursery Stock Specifications as established by the American Association of
Nurserymen (1986 ed.).
Understory means the small tree, shrub and grass constituents of a plant
association, excluding canopy vegetation.
Visibility triangle means the triangular area adjacent to the intersection of any public
street or public alley within which no obstruction may be placed which would block the sight
lines for vehicular traffic. The triangle is established by measuring a distance of 45 feet from
the intersection of the extended curb or edge of the pavement of major thoroughfares,and
25 feet from the extended edge of the curb or pavement of local streets. A straight line
connecting the ends of each measured distance which forms the hypotenuse shall establish
the visibility triangle (see figure A). The visibility triangle shall not contain any visual or
physical impediments or obstructions to the vertical view between 30 inches and seven feet
in height.
(b) All references in this article to letter-designated or letter-and-number designated
figures or appendices shall mean the applicable figure or appendix as attached to
Ordinance No. 91-1701.
(Ord. No. 03-159, ~ 5, 2-12-03)
Sec. 33-102. Application.
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~TICLE V. TREES, SHRUBSr SCREENING FENCES
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This article is applicable to all persons, including, without limitation, the city and other
governmental agencies and entities, except that its application shall not extend to real property
owned or controlled by the State of Texas or the United States of America.
(Ord. No. 03-159, ~ 5,2-12-03)
Sec. 33-103. Designation of trees.
(a) The city council may by motion designate a tree that:
(1) Has historical significance arising from any historical event or events that are
associated with the tree; or
(2) Has arboricultural significance as listed on the county, state or national tree
register by American Forests, the Texas Forest Service, the Park People or an
. equivalent arboricultural organization.
(b) No tree shall be deSignated except upon application made or Jomed by the owner of
the tree, which application shall be filed with the planning official in such form as the
planning official may require and shall set forth and document the grounds for the requested
designation.
(c) The planning official shall review each application that is received and shall return any
application that is determined to be incomplete or inconsistent with the requirements of this
section. A complete and consistent application that is based upon historical significance
shall be submitted for review by the Houston archaeological and historical commission,
which shall review the same and provide its response, if any, to the planning official within
45 days. A complete and consistent application that is based upon arboricultural significance
shall be submitted for review by the parks and recreation director who shall review the same
and provide his response, if any, within 15 days. The planning official shall submit comments
of the commission or the parks and recreation director to the city council together with the
planning official's own recommendation for approval or denial.
(d) The city council shall consider each application on the basis of the application itself
and the recommendations and comments provided. City council shall not be obligated to
conduct any hearing on the matter, provided that interested persons may make an
appe~rance on the matter under city council rule 8 or may submit written comments to the
city secretary for distribution to the council members.
(e) The city council shall approve or disapprove an application that is referred by the
planning official by motion. The decision of the city council shall be final, and if the
application is disapproved, another application for designation of the same tree may not be
considered for a period of three years.
(f) To the extent permitted by laws goveming the filing of documents in county real
property records, a notice setting forth each tree designation shall be filed in the real
property records of the county in which the tree is situated.
(Ord. No. 03-159, ~ 5, 2-12-03)
Sec. 33-104. Green corridors.
(a) A green corridor may be designated in accordance with this section.
(b) In this section, a tract or parcel of land and its contiguous parkway that is devoted by
actual use or by valid deed restrictions or covenants running with the land to single-family
residential use is referred to as a "single-family property." The provisions of this section shall
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~TICLE V. TREES, SHRUB. SCREENING FENCES
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Page 6 of21
not be construed to prohibit a single-family property from being physically situated within a
green corridor. However, a single-family property shall not be subject to any requirement
created by the green corridor designation.
(c) Each green corridor shall consist of the right-of-way of a major thoroughfare and
building setback areas of abutting and contiguous properties. A green corridor shall be not
less than one mile long.
(d) A green corridor may be designated by the city council by motion following a hearing
and determination that designation of the green corridor would significantly enhance the
beautification of the city. Trees within the green corridor shall be entitled to enhanced
protection as provided in this article, and the city council may, in designating the green
corridor, specify one or more particular, species, varieties, and/or colors of trees to be
planted, to the exclusion of others within the green corridor. Additionally, green corridors
may be given priority for expenditure of city moneys for street tree planting, to the extent
permitted by law.
(e) Petitions for the designation of a green corridor shall be submitted to the citY secretary
upon Ii form. pr.omulgated by the planning' offioial for that purpose. Each petition shall be
joined and signed by the owners of properties' representing three quarters of the front
footage of tracts or parcels that would abut the major thoroughfare in the proposed green
corridor, single-family properties and their owners excluded. All required signatures must be
collected within a period of time not exceeding 90 days, and the petition must be filed with
the city secretary not later than the fifteenth day after the last date of any property owner's
signature on the petition.
(f) The city council shall conduct a hearing regarding each petition within 90 days
following the date of its filing. Written notice of the hearing shall be given by the planning
official in such manner as the city council may specify in the call for the hearing. Any person
may present testimony at the hearing. Additionally, written comments may be provided to
the city secretary for distribution to council members. If a petition is disapproved, another
petition for designation of the same or substantially the same green corridor shall not be
considered for a period of three years.
(g) Nothing in this section shall be construed to prohibit the city council from waiving any
irregularity in any petition or from designating any green corridor for which a petition has not
been presented.
(Ord. No., 03-159,95,2:-12-03)
Sec. 33-105. Removal of protected trees.
(a) The provisions of this section shall be applicable to the removal of a protected tree
unless:
(1) The tree is situated upon the site of a construction or enlargement of a building
or parking lot such that division 2 of this article is applicable; or
(2) The tree is not a designated tree and is situated upon a tract or parcel of land
devoted by use or by valid deed restrictions or covenants running with the land to
single-family residential use;
and the term 'protected tree' is so restricted as used in this section.
(b) No person shall cause a protected tree to be removed without complying with a
protected tree replacement requirement, which may be satisfied as follows:
(1) By the planting anywhere on the tract or parcel of land where the protected
tree to be removed is situated or in the adjacent parkway area of additional trees on
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~TICLE V. TREES, SHRUB. SCREENING FENCES
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Page 7 of21
the basis of one caliper inch of tree planted for one caliper inch of tree removed;
(2) By contributing to the fund created under section 33-123(a)(2) of this Code an
amount equal to $103.00 per caliper inch of tree removed, which shall be subject to a
cost adjustment from January 2002 in accordance with the formula established in the
definition of the term "cost adjustmenf'; or
(3) Bya combination of the foregoing;
provided, that the protected tree replacement requirement shall be limited by the protected tree
replacement requirement cap, which may be satisfied in either one or a combination of both of the
methods specified in items (1) and (2), above. Installation of trees provided shall be subject to the
planting standards established in division 2 of this article, and the trees shall be planted within 30
days following the removal of the protected tree unless a documented assurance of planting is
provided to the department with the notice, in which case the trees shall be placed within six
months of the removal of the protected trees. A documented assurance may be provided in the
same manner as under section 33-132(b) of this Code. A variance may be requested in the same
manner provided in sections 33-135 through 33-137 of this Code. Additionally, the mitigation
provisions of section 33 138 of this Code shall bo applicablo to tfeCS that are pfOvided in order to
satisfy a protected tree replacement requirement.
(c) No person shall cause a protected tree to be removed without first filing with the
department a written notice of removal of the protected tree, which must be filed at least 20
days prior to the removal. The notice shall include a map depicting the tract or parcel of land
upon which the protected tree or trees to be removed are situated and shall demonstrate the
manner in which the protected tree replacement requirement will be provided.
(d) It is an affirmative defense to prosecution under this section that the protected tree
sustained damage from fire, wind storm, accident or other cause such that the protected tree
became an immediate threat to persons or property, provided that the owner of the tree
caused the circumstances to be documented and filed written notice of the removal with the
department within ten days following the removal of the tree.
(e) It is a defense to prosecution under this section that the protected tree was removed
by or on behalf of a public utility or a governmental entity and that its removal without notice
was reasonably required for the maintenance or installation of public facilities or utility
systems.
(f) The planning official shall promulgate forms of notices and procedures under this
section. A map need not be prepared in the form of a survey map, provided that it shall
provide sufficient information to unmistakably identify the protected tree that is to be
removed and the location of any tree that is to be planted in order to provide the protected
tree replacement requirement, as well as the species and caliper of each tree. If the owner
elects to make a contribution to the fund created under section 33-123(a)(2) of this Code,
then the contribution shall be tendered with the notice. No provision of this section shall be
construed to require city personnel to review any notice filed under this section for accuracy
or sufficiency or to perform any site inspection of trees for which notices are filed.
(g) No provision of this article shall be deemed to excuse compliance with article VI of this
chapter. If a notice of removal calls for the removal of a tree situated in a public right-of-way
that is protected under article VI, then written permission for its removal issued by the
department of parks and recreation shall be submitted with the notice of removal that is
required under subsection (c), above.
(Ord. No. 03-159,95,2-12-03)
Sec. 33-106. Cumulative effect.
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. ~TICLE V. TREES, SHRUBWU SCREENING FENCES
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The protections afforded to trees under this article are cumulative of other provisions of this
Code, including, but not limited to, sections 32-6 and 45-17 and Article VI of this chapter. Without
limitation of the foregoing, nothing in this article shall be construed to authorize the removal or
damaging of a tree growing in whole or in part within a public street that is subject to protection
under article VI without full compliance with the provisions of article VI.
(Ord. No. 03-159, ~ 5,2-12-03)
Sec. 33-107. Tree protection.
No person shall perform or cause or allow to be performed any construction activity,
including, without limitation, construction or repair of buildings or other structures, installation or
repair of utilities, or installation or repair of streets or sidewalks within the dripline circle area of any
protected tree that is not to be removed, without complying with the applicable provisions of
appendix C with respect to any protected tree.
(Old. Nu. 03-15~, ~ 5, 2-12-03)
Sec. 33-108. Records.
(a) Notices, maps, applications, landscape plans and other documents received by the
city under this article are governmental records, and any person providing a false
governmental document shall be subject to prosecution as provided by the Texas Penal
Code.
(b) Governmental records received by the city under this article are subject to public
inspection and copying as provide by law.
(Ord. No. 03-159, ~ 5, 2-12-03)
Sec. 33-109. Penalty.
This article is subject to the provisions of section 1-6 of this Code, and violations shall be
punishable by a fine of up to $500.00 as provided therein.
(Ord. No. 03~159, ~ 5, 2-12-03)
Sec. 33-110. Single-family residential properties.
(a) While single family residential properties are not subject to the requirements of division
2 of this article, it is the policy and requirement of the city that no final building permit
inspection approval shall be given by the building official for construction of a new single-
family residential house unless the property owner has complied with this section by
preserving or planting a tree or trees or obtaining credit therefor, as follows:
(1) The required tree or trees, whether planted or preserved, shall be 1 1/2 inches
caliper size or larger.
(2) The required tree or trees may be either new trees that are planted in
compliance with this article or trees already existing on the building site or abutting
street right-of-way as hereinbelow provided that have been preserved in accordance
with this article.
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~,ARTICLE V. TREES, SHRUBS~ SCREENING FENCES
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Page 90f21
(3) The required tree or trees, whether newly planted or preserved, must be of
species listed on the street tree list or the parking lot tree list.
(4) Except as provided in subsection (b), below, the requirement for building sites
less than 5,000 square feet in size is:
a. Planting or preservation of one tree of 1 1/2 inch caliper or larger;
b. If the tree is an existing tree that is preserved, then it may be situated
anywhere on the building site or in the abutting street right-of-way;
c. If the tree is a newly planted tree, then it shall be planted in the abutting
street right-of-way, unless the building official authorizes it to be planted
elsewhere on the building site upon determination after consulting with the
parks and recreation director or his designee that no suitable planting site
exists in the abutting street right-of-way.
(5) Except as provided in subsection (b), below, the requirement for building sites
5.000 SQuare, feet or greater in size is:
a. Planting of two new trees of 1 1/2 inch caliper or larger; if this option is
selected, then one tree must be planted in the abutting street right-of-way and
the other planted either in the abutting street right-of-way or elsewhere on the
building site;'
b. Planting of one new tree of 4 inch caliper or larger; if this option is
selected, then the tree shall be planted in the abutting street right-of-way,
unless the building official authorizes it to be planted elsewhere on the
building site with the written concurrence of the director of parks and
recreation or his designee upon determination that no suitable planting site
exists in the abutting street right-of-way;
c. Preservation of one existing tree of 1 1/2 inch caliper or larger and
planting of one new tree of 1 1/2 inch caliper or larger; if this option is
selected, then one tree must be preserved or planted in the abutting street
right-of-way and the other tree shall be preserved or planted in either the
abutting street right-of-way or elsewhere on the building site; or
d. Preservation of two existing trees of 1 1/2 caliper or larger; if this option
is selected, then both trees must be situated in the combined area created by
the abutting street right-of-way' and the building set back area of the building
site. "
(b) After consulting with the director of parks and recreation or his designee, the director
may excuse the planting or preservation of the tree or trees otherwise required under this
section and instead authorize the property owner to purchase credits under section 33-123
of this Code upon determination that the size and configuration of the property and the
house do not afford sufficient space for the planting or preservation of even one tree.
COrd. No. 03-159, ~ 5, 2-12-03)
Sees. 33-111--33-120. Reserved.
DIVISION 2. BUILDING SITES
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~" ~TICLE v. TREES, SHRUBr SCREENING FENCES
.
Page 10 of21
.-
Sec. 33-121. Application.
(a) The requirements of this division shall only apply to a building site where any of the
following conditions is present:
(1) There is new construction of a nonresidential or multifamily residential building
for which a building permit is required;
(2) There is an enlargement exceeding 1,000 square feet in area of the exterior
dimensions of an existing nonresidential or multifamily residential building for which a
building permit is required; or
(3) There is either a new parking lot for which site plans are required for initial
construction under the provisions of chapter 26 of this Code or an existing parking lot
which is expanded in area to provide additional parking spaces.
(b) The requirements of this division apply to the entirety of the building site if it is
completely developed by the new construction of a building (or buildings) and appurtenant
surface parking area. In case the' entirew onhe building site ,is only partially developed by
new, ~listruction or enlargement, the: requirelllent& of tlli& uivisi\;lIl ::i1Ta1J- b~ Clppliett--'--
incrementally, such that trees, shrubs, and landscape buffers are required only with respect
to and in proportion to new or increased building area and off-street parking spaces. This
subsection shall control over any other conflicting or inconsistent provision.
(c) The requirements of this division do not apply to:
(1) The reconstruction of an existing building of which 50 percent of the existing
,building floor area ratio or less was physically destroyed or ruined by flooding, fire,
windstorm or act of God. This exemption shall apply only where reconstruction of
that building will not result in an increase in the paving area of the parking facilities to
be provided; or
(2) The placement of a temporary classroom building if there is a reasonable
likelihood that the condition necessitating a temporary classroom building will not
continue for more than five years and an analysis of the public school site and the
buildings thereon support the conclusion that timely compliance with the statutory
studenVteacher ratio cannot be achieved without the installation of the temporary
classroom building(s).
Cd) Nothing in this division shall be construed to require a landscape plan or landscape
plan review,fpr finish work performed by,an owner, a tenant or on behalf of a tenant, in a
portion of a building unless that tenant finish work or remodeling res,ults in an increase in the
paving area of the parking facilities to be provided or in an enlargement of the exterior
dimensions of an existing building. '
(e) Nothing in this division shall be construed to preclude the filing of a landscape plan
where the requirements of this division are not otherwise applicable and the property owner
desires to plant trees and obtain a credit under section 33-123(c) of this Code.
(Ord. No. 03-159, 95,2-12-03)
Landscape
Sec. 33-122. Landscape plan required.
(a) A landscape plan for the building site shall be submitted to the department by an
applicant for a building permit for approval in accordance with the provisions of this division.
(b) The landscape plan may be depicted on either the development plans or parking lot
site plan, provided the drawing scale is sufficient to properly depict the landscape plan
requirements. The landscape plan shall identify and show the locations of existing and
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.,~TICLE V. TREES, SHRUBr SCREENING FENCES
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Page 11 of21
"
proposed utility lines (both above and below ground), roadways, sidewalks, street lights,
trees, shrubs, understory, natural features, other landscape elements, and planting or
construction details. Where credit is being requested for the preservation of existing trees
and associated understory, the landscape plan shall also demonstrate the manner in which
the requirements for preservation established under section 33-130 are to be satisfied. A
plant schedule shall be provided which includes quantities, minimum size at time of planting,
and botanical and common names keyed to the plan.
(c) If the building site includes any protected trees, then the landscape plan shall depict
the location of each and indicate whether each is to be removed or preserved. If any
protected trees are to be removed, then a protected tree replacement requirement shall be
applicable, in addition to any other tree planting requirements of this division, which may be
satisfied as follows:
(1) By the planting anywhere on the building site or in the adjacent parkway area
of additional trees on the basis of one caliper inch of tree planted for one caliper inch
of tree removed;
__ _______ (2) R~ontributing..tojbe.-fund.created under section 33~123(a)(2} of.,this--Code-an- ---.
amount equal to $103.00 per caliper inch of tree removed, which shall be subject to a
cost adjustment from January 2002 in accordance with the formula established in the
definition of the term "cost adjustment";
(3) By preservation credits as provided in section 33-123(b) of this Code; or
(4) Bya combination of the foregoing;
provided, that the protected tree replacement requirement shall be limited by the protected tree
replacement requirement cap, which may be satisfied in anyone or a combination of the methods
specified in items (1), (2) and (3), above.
(d) The protected tree replacement requirement shall not be applied to trees that must
reasonably be removed in order to:
(1) Install or maintain public utilities;
(2) Construct or maintain access drives, streets and sidewalks of a width not
exceeding four feet;
(3) Prevent visual impairment in a visibility triangle; or
(4) Prevent visual impairment where a driveway intersects with a street.
(e) Based upon the landscape plan as filed, the department 'shall' review' the landscape
plan to verify compliance with all requirements of this article prior to the issuance of a
building permit. If an artificial lot is delineated, it shall be depicted on the building plans prior
to the issuance of the building permit. Nothing in this section shall be construed to require
that city personnel perform a site inspection prior to the issuance of the building permit.
(f) No building permit shall be issued by the building official for the construction or
alteration of a building within the city unless the planning official approves the landscape
plan verifying that the applicant has provided for the planting of trees and shrubs to the
extent required in this article. If the landscape plan calls for the removal of any protected
tree, then the building permit shall be conditioned such that the protected tree may not be
removed until the twentieth day following the date of filing of the landscape plan.
(g) Except as provided in subsection (h) below, no final certificate of occupancy shall be
issued by the building official for the occupancy of a new or altered building unless the
plantings required by this article have been provided. Prior to the issuance of a certificate of
occupancy, the building official shall inspect the planting provided to verify compliance with
the approved landscape plan.
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~
(h) A six-month conditional certificate of occupancy may be issued if the owner provides
the building official with either the documented assurances specified in section 33-132 or a
bond or assigned certificate of deposit as set forth in section 33-133.
(i) No provision of this article shall be deemed to excuse compliance with article VI of this
chapter. If a landscape plan calls for the removal of a tree situated in a public right-of-way
that is protected under article VI of this chapter, then written permission for its removal .
issued by the department of parks and recreation shall be submitted with the landscape
plan filed under this section.
(Ord. No. 03-159, ~ 5,2-12-03)
Sec. 33-123. Tree planting equivalency credits.
(a) The following credits may be claimed against the total tree requirement under this
division:
(1) ,Credit for planting trees exceeding the minimum caliper required. Credit toward
the total tree requirement shall be given for the planting of trees that exceed the
minimum caliper required by this division at the rate of two trees for each tree with a
caliper of four inches or more that is planted.
(2) Credit for depositing with the city's department of parks and recreation a sum
of money equal to the cost of planting the required trees. Money so deposited shall
be placed in a special fund designated for the purposes of planting street trees in city
parks or public street rights-of-way. The credit shall be calculated based on a
planting cost per tree of $155.00 per fifteen-gallon container-grown tree, planted and
maintained for a year, subject to a cost adjustment from January 2002 in accordance
with the formula established in the definition of the term "cost adjustment." The
maximum allowable credit under this option shall not exceed 30 percent of the total
tree requirement. .
(3) Credit for preserving existing on-site trees. Credit for the preservation of
existing on-site trees (including any to be transplanted) may be granted when
requested and depicted on the landscape plan in accordance with section 33-122. In
order to be eligible for credit, an existing tree to be preserved on the site shall have a
minimum caliper of 1 1/2 inches, shall be in good condition, and shall be true to
species habit and form. Credit for preserving existing trees shall be granted based
upon the caliper of the trees preserved, with a credit of one tree'to be allowed for
each 1 1/2 total caliper inches of eligible trees that are preserved, subject to the
limitations otherwise provided in this division. This item (3) shall not apply to trees
situated in the abutting street right-of-way.
(4) Credit for preserving existing right-of-way street trees. Credit for the
preservation of existing trees situated within the abutting street right-of-way that are
designated on the street tree list may be granted when requested and depicted on
the landscape plan in accordance with section 33-122 of this Code. In order to be
eligible for credit, an existing street tree to be preserved shall have a minimum
caliper of 1 1/2 inches, shall be situated in the street right-of-way, be in good
condition, and be true to a species listed on the street the list in habit and form.
Credit for preserving existing street trees shall be granted on the basis of one street
tree preserved for each street tree otherwise required to be planted in the same
blockface under this article, with no additional credit being allowed for preservation of
a street tree that exceeds 1 1/2 inches in caliper. Preservation methods for the tree
must be at a minimum those specified in section 33-130 of this Code.
Provided, however, that:
- '
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,~TICLE V. TREES, SHRUBS~ SCREENING FENCES
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(5) The combined credit under items (1) and (2) above may not exceed 50 percent
of the total tree planting requirement, and
(6) The total number of street trees, whether planted or preserved, shall never be
less than 50 percent of the number required in section 33-126 of this Code as
applied separately to each side of the property that abuts a street right-of-way and, if
any side abuts two or more block faces, then separately to each block face.
(b) A credit may be claimed for up to the entire protected tree replacement requirement
for preservation of existing trees in the same manner provided in subsection (a)(3), above,
except that the credit shall be based upon one caliper inch of tree preserved for one caliper
inch of tree removed. However, a tree or caliper inch portion of a tree preserved may only be
used for credit against the total tree requirement or the protected tree replacement
requirement, but not both.
(c) Any owner who proposes to plant trees when no planting requirement exists under this
division or desires to plant trees in excess of the requirements of this division may, at the
time of filing 'of a landscape plan, request future credit against tree requirements upon the
," - -..- - n - .. , '.same 'building site.' Upon" conipletion" ofthe viork"ancf verification of the' unrequ"ired planting ,.
or excess in planting by the building official, a certificate of credit shall be provided by the
building official to the owner.
(Ord. No. 03-159, ~ 5, 2-12-03)
Sec. 33-124. Artificial lot delineation:
If the building site is over two acres in size, the applicant may request that the planning
official designate an artificial lot to satisfy the requirements of this division. If requested, the building
official shall designate an artificial lot consistent with the purposes and policies of this division as
determined from the criteria established below. No artificial lot may be delineated by the building
official unless it:
(1) Wholly includes the area on which the construction work is to be done;
(2) Has an area that does not exceed 50 percent of the area of the building site;
and
(3) Depicts and includes all prop'o'S~d and existing buildings and structures,
access drives, appurtenant parking- require~for the building expansion or new
building construction, 'and other areas functionally appurtenant't6 the buildings or
structures. '
(Ord. No. 03-159, ~ 5, 2-12-03)
Sec. 33-125. Review of building permit and certificate of occupancy applications.
(a) The planning official shall review building permit applications for the construction or
expansion of a building or parking lot to determine if the proposed landscape plan complies
with the provisions of this article.
(b) When a certificate of occupancy is sought, the building official shall determine whether
the applicant has complied with this article.
(c) An application for a building permit or certificate of occupancy shall not be issued or
approved unless the applicant demonstrates compliance with the provisions of this article.
(Ord. No. 03-159, ~ 5,2-12-03)
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Sec. 33-126. Street trees required.
(a) Street trees shall be planted within the public street rights-of-way, or on private
property within ten feet parallel and adjacent to a local street right-of-way, or on private
nonresidential property within 25 feet parallel and adjacent to a major thoroughfare, or in the
esplanade pursuant to the requirements of section 33-129(b) (see figure E). When the
building site abuts a designated state or federal highway or road or any designated county
road and street trees are not otherwise required by law. street trees shall be planted on
private property in accordance with this section. The number of street trees planted shall
equal the total number of trees (T) required under the following formula:
T = (X/30), where X shall represent the length in linear feet measured along each side of the
property line on the public street(s). (See figure B.)
This formula and all resulting planting requirements under this section shall be applied separately to
each side, of the property that abu~ a ~treet righ~-!Jf:-YV,ay!_~~d. ,,1. afly. si~~ ..a~~!~J'!Vq ,9r !TI.or~ 9!OC~ - -
fa-ces~ 'then separately to each 'blc)ck face~' '
(b) Street trees planted in accordance with this section shall be of a species listed on the
street tree list. In the case of trees planted within the public rights-of-way, trees shall be
planted in a location which conforms with the requirements of section 33-129 ofthis division.
The trees shall be planted so as not to interfere with existing utilities, roadways, sidewalks,
or street lights.
(c) The planting scheme 'for street trees shall be such that no street tree is planted closer
than 20 feet to any other street tree (whether an existing tree or a tree planted hereunder)
with the trees being spaced without extreme variation in distance across each blockface
frontage taking into account existing site conditions and driveway locations. The director
may authorize a partial waiver under the credit terms of section 33-123 of this Code if he
determines that planting all of the otherwise required street trees upon any given side of the
property that abuts a street right-of-way or block face would result in excessive tree canopy,
based upon existing trees that are to be preserved during construction. Any request for a
waiver shall be in writing and shall specify the preservation methods that will be used for the
existing trees, which shall meet or exceed the requirements of section 33-130 of this Code.
Additionally, the director may authorize the spacing to be reduced from 20 feet to no less
than 18 feet if he determines that the conditions in the right-of-way make compliance at 20-
foot spacing impracticable. ' .. ..
(Ord. No. 03-159, ~ 5, 2-1.2-03)
Sec. 33-127. Parking lot planting of trees and shrubs required.
(a) In addition to any street trees that may be required pursuant to section 33-126, the
owner of a building site included under section 33-121 shall provide one tree for every ten
parking spaces, rounding up or down in the case of a fraction to the nearest whole number,
but in no case less than one tree. There shall be at least one parking lot or street tree within
120 feet of each parking space as measured from the center of the trunk of the tree to some
point on the marked parking space. Not fewer than one-half of the parking lot trees so
required shall be large parking lot trees, and the remainder may be either large or small
parking lot trees. In the case of a parking lot that is being expanded, the trees required
pursuant to this subsection may be planted in the same manner as those required for a new
parking lot.
(b) In addition to the street tree and parking lot tree requirements established within
1 .. 1'''-'
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, ,ARTICLE V. TREES, SHRUBr SCREENING FENCES
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section 33-126 and subsection (a), above, the owner of a building site included under
section 33-121 shall plant or cause shrubs to be planted along the perimeter of all parking
surfaces so that the parking lot is screened from all adjacent public streets, exclusive of
driveway entrances, pedestrian walkways and visibility triangles. Shrubs shall be maintained
at a height of no more than 36 inches nor less than 18 inches as measured from the
surrounding soil line. The number of shrubs required under this subsection shall be equal to
the total number of street trees required under this division multiplied by ten. No less than 75
percent of the shrubs required under this section shall be planted along the perimeter of the
parking surface adjacent to the public street.
(Ord. No. 03-159, 95,2-12-03)
Landscape
Sec. 33-128. Landscape buffer required.
The owner of a building site included under section 33-121 and which is to be developed or
expanded for a nonresidential or a multifamily residential use adjacent to any existing single-family
, - residential property shall provide a landscape buffer adhering to at least one of the following two
buffer types:
(1) Either a wood, concrete or masonry opaque screening fence with a minimum
height of six feet along the entire property line or entire artificial lot line, if any,
adjacent to the single-family residential property; or
(2) Evergreen screening on the property line or artificial lot line.
a. 'The evergreen screening shall contain a minimum width of 15 feet of
green space as measured from the property line. This area shall extend along
that portion of the property line or artificial lot line where proposed
nonresidential and multifamily residential projects abut existing single-family
residential developments. The area shall be planted in combinations of
compatible evergreen trees and shrubs. The arrangement of plantings in
buffer areas shall provide maximum protection to adjacent properties and
avoid damage to existing plant material. Possible arrangements include
planting in parallel, serpentine, or broken rows. Plant materials shall be
sufficiently large and planted in such a fashion as to be capable of forming a
continuous year-round screen of at least six feet in height as measured from
the root collar or surrounding soil line within three annual growing seasons.
All plantings shall be installed and maintained in accordance with the
standards contained within appendices Band E. No buildings, structures,
storage of materials, or parking shall be permitted within the buffer area;
buffer areas shall be maintained and kept free of all debris, rubbish, weeds,
and tall grass.
b. The preservation of existing vegetation within the landscape buffer may
be used to meet the requirements of this section provided the vegetation is
preserved in accordance with section 33-130 of this Code.
(Ord. No. 03-159, 95,2-12-03)
Sec. 33-129. General planting standards.
(a) Trees and shrubs planted in a parkway shall be planted in accordance with the
applicable standards required by appendix B or E. The following additional limitations shall
apply:
(1) When located in the visibility triangle, trees shall be headed to a minimum
. .. "..,
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~~~TICLE V. TREES, SHRUBr SCREENING FENCES
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Page 16 of21
height of seven feet, and shrubs shall be maintained at a maximum height of 30
inches as measured from the surrounding soil line.
(2) For streets with curbs or proposed curbs, trees shall be planted at least three
feet from the back of the existing curb or the city's final approved design line of the
back of the curb of any public street as measured from the center line of the tree
trunk. Provided, the city engineer may in writing authorize the planting distance to be
reduced after review of the specific location, with the preference that at least two feet
of open space should be maintained between the street side of the tree and the back
of the curb.
(3) For streets without curbs or proposed curbs, trees shall be planted at least four
'feet behind the roadside drainage ditch as measured from the back (private property)
side of the top of the roadside drainage ditch bank to the center line of the tree trunk,.
Provided, the city engineer may in writing authorize the planting distance tq be '
reduced, after review of the specific location, with the preference that the roots not
interfe~e with ditch maintenance.
(b), ,In additiol), to, the 'tree. and shrub planting standards contained within, appendices B
and . E, trees and shrubs in esplanades shall be planted according to the following
requirements as illustrated in figure C:
(1) Trees in any major thoroughfare street esplanade shall not be planted closer to
the end of the esplanade than 75 feet.
(2) Trees in any local street esplanade shall not be planted closer to the end of the
esplanade than 50 feet.
(3) Trees planted in any esplanade shall be located not closer than 50 feet from
any mid-block opening in the esplanade.
(4) Shrubs planted in any esplanade shall not be planted closer to the end of the
esplanade than 25 feet or closer than three feet from the back of the curb or the final
approved design line for the curb of any public street. Use of ground covers or
annuals and perennials conforming with the height restrictions of a visibility triangle
shall not be restricted.
(5) Trees planted in the esplanade shall not be located closer than five feet from
the back of the curb or the final approved design line for the curb. Trees shall not be
spaced at int~rvals of less than 30 feet.
(c) Any tree located within a parking lot must be planted and maintained within a
permeable area which has a radius of not less than three feet. No tree shall be planted
closer than three feet from a curb or tire stop.
(Ord. No. 03-159, ~ 5,2-12-03)
Sec. 33-130. Preservation of existing trees and associated understory.
(a) The following procedure shall be required where credit for the preservation of existing
trees and associated understory is being requested to be applied toward the total tree
planting requirement pursuant to section 33-123{a) of this Code or the protected tree
replacement requirement. Where such credit is being requested, the applicant shall also
supply to the building official for review with the building plans a tree and associated
understory preservation plan, which shall be integrated into the proposed landscape plan
and shall include:
(1) Delineation of proposed limit of clearance and establishment of tree protection
zones which shall extend to just outside the dripline of the tree and understory to be
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ARTICLE V. TREES, SHRUBS ,AND SCREENING FENCES
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Page 17 of21
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protected, if any;
(2) Proposed soil stabilization practices, Le., silt fence, hay bales;
(3) The species of each tree to be preselVed and for which credit is being
requested;
(4) The proposed finished grade and elevation of land within six feet of or within
the dripline of any tree to be preselVed, whichever is greater, shall not be raised or
lowered more than three inches unless compensated for by welling or retaining
methods;
(5) Existing and proposed location of all trees and plant materials to be relocated
at the drawing scale;
(6) A landscaping tabulation, and itemized credit requests for existing trees to be
preselVed which have a minimum of four inches in caliper and greater;
(7) Tree and associat~d understory preselVation details; and
(8-) - -Specification- of 'ground plane treatment as either turf or sod. If a combination of '
both is utilized, the limit of each shall be indicated.
(b) The following tree relocation information shall be provided on the landscape plan or in
a report for the transplantation of existing specimen trees when preselVation credit is being
requested for them. This information shall include an assessment of the cost of transplanting
the trees as opposed to the potential mortality rate which may result from the attempted
transplantation. If relocation is elected, the following information shall be provided:
(1) Transplanting techniques;
(2) Equipment to be utilized;
(3) Locations of existing trees and proposed locations for transplanted trees;
(4) Genus, species. caliper, height and general condition of the existing tree;
(5) Pruning and maintenance schedule and methods to be followed; and
(6) Which form of assurance of performance will be provided, Le., executed
contract, bond or assigned certificate of deposit.
(c) If preselVation credit is requested, the trees shall be protected and preserved as set
forth in appen~ix C" ,
(d) The department shall make recommendations to minimize damage to existing
vegetation during the site construction phase. The department shall also suggest possible
uses for those trees removed as a result of development such as the creation of wood chip
mulch from removed hardwood trees.
(Ord. No. 03-159, ~ 5,2-12-03)
Sec. 33-131. Duty; affirmative defenses.
(a) All owners of building sites included under section 33-121 shall plant or cause the
planting of trees or shrubs required in sections 33-126 and 33-128 or secure the planting
equivalency credits allowed in section 33-123, and if protected trees are being removed,
shall further satisfy the protected tree replacement requirement in accordance with this
division.
(b) All owners and lessees of new or expanded parking lots on building sites included
under section 33-121 shall additionally plant trees or shrubs in compliance with section 33-
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~.l~TICLE v. TREES, SHRUBwn SCREENING FENCES
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Page 18 of21
127, and if protected trees are being removed, shall further satisfy the protected tree
replacement requirement in accordance with this article.
(c) It shall be an affirmative defense to prosecution under this section that:
(1) The actor caused the tree or shrub to be planted and maintained in accordance
with this article, but the tree or shrub died more than two years after the issuance of
the certificate of occupancy;
(2) The actor caused the tree or shrub to be planted and maintained on the public
right-of-way in accordance with this article, but the tree or shrub died and was
removed by the owner with the written permission of the department of parks and
recreation obtained under article VI of this chapter, or the period allowed by this
article for replacing the tree or shrub has not yet elapsed;
(3) The actor caused the tree or shrub to be planted or maintained on private
property in accordance with this article but the tree or shrub died and the period
allowed by this article for replacing the tree or shrub has not yet elapsed;
- (4) - The building permit for the actor's property is for single-family residential use; -
(5) The actor's property has an unexpired conditional certificate of occupancy, and
the actor has provided an executed contract or a bond or assigned certificate of
deposit in accordance with this article; or
(6) A variance or waiver was secured for the building site in conformity with the
requirements of this article.
(Ord. No. 03-159, ~ 5,2-12-03)
landscaping
Sec. 33-132. When required landscaping (trees, shrubs or fences) must be installed;
documented assurance.
(a) Except as otherwise provided in subsection (b) and section 33-133, all proposed
landscaping must be installed in accordance with the approved landscape plan prior to
issuance of a final certificate of occupancy on a building site.
(b) The property owner may elect to provide the building official with documented
assurances that the landscaping will be completed within a six-month period. If so, a
conditional certificate of occupancy may be issuec,t by the building official for,six months. For
purposes of this section, 'documented assurance' shall mean a copy of an 'executed contract
for the proper installation of the required landscaping in accordance with the approved
landscape plan within a six-month period.
(c) The property owner is responsible for notifying the building official when the
landscape installation is complete. If the property owner fails to notify the building official
within the prescribed six-month period, the building official shall revoke the conditional
certificate of occupancy.
(Ord. No. 03-159, ~ 5,2-12-03)
Sec. 33-133. Bond; assigned certificate of deposit.
(a) Prior to the issuance of any conditional certificate of occupancy, any applicant who
has not provided the documented assurance set forth in section 33-132 shall file with the
planning official a bond which bond shall be executed by the applicant as principal and by a
good and sufficient corporate surety company licensed to do business in the State of Texas.
The bond in the sum of one and one-quarter times the proposed cost to install the required
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Page 19 of21
"
landscaping improvements and fences, based upon tlie adjusted costs established in
appendix F, shall be payable to the city and conditioned that the principal and surety will pay
all amounts required to install the landscaping and fences required by this division. The
bond shall provide that it will remain in full force and effect until released by the planning
official pursuant to this division.
(b) In lieu of such bond, an applicant for a conditional certificate of occupancy may, upon
payment to the city of a nonrefundable fee of $100.00, assign an account with a financial
institution insured by the Federal Deposit Insurance Corporation to the city. Such account
shall have a deposit of not less than the amount required under subsection (a). Under such
an assignment, the financial institution must agree not to release, make payment from, or
otherwise divert or dispose of the funds in such account, except it shall agree to disburse all
or such portion of the funds in the account as may be directed by city council resolution.
Upon installation' and inspection of the required landscaping, the city shall release
the assigned deposit to the property owner.
When requesting a conditional certificate of occupancy, the owner must grant the city
permission to enter upon his land for the purpose of installing the required landscaping if
the owner does not fulfill his obligation to install the required landscaping within the
specified six-month period. If permission is not granted, the owner's application for a
conditional certificate of occupancy shall be denied.
(c) In the event that any holder of a conditional certificate of occupancy who has
previously furnished an account assignment under subsection (b) elects to furnish a bond
under subsection (a) instead, then the holder shall be entitled to disbursement of the
account proceeds in the same manner and under the same terms provided in subsection
(b).
(Ord. No. 03-159, ~ 5, 2-12-03)
Sec. 33-134. Appeal of denial of building permits.
Appeals from the denial of a building permit for noncompliance with this division shall be
reviewed in the same manner as appeals from development plat disapprovals under section 42-87
of this Code.
(Ord. NO',03-159, ~,5, 2-12-03)
Sec. 33-135. Variance procedure.
(a) An applicant for a building permit may make written application to the planning official
for a variance from the requirements of this division other than those which may be made
the basis of a request for a waiver under section 33-139. A completed application for a
variance shall include:
(1) Completed application on form supplied by the city; and
(2) A nonrefundable fee of $200.00.
This application package shall be reviewed by the department.
(b) Within seven days of the date the application is accepted, the planning official shall
forward a copy of the application to the traffic engineer who shall file his report and
recommendations regarding the proposed variance with the secretary of the commission.
(c) A staff report regarding the variance request shall be provided to the commission prior
to the meeting at which the variance shall be considered.
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~TICLE v. TREES, SHRUB~ SCREENING FENCES
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Page 20 of21
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(Ord. No. 03-159, ~ 5,2-12-03)
Sec. 33-136. Standards for variance.
(a) The commission is authorized to consider and grant variances from the provisions of
this division by majority vote of those members present and voting, when the commission
determines that the first four of the following conditions exist, and if applicable, the fifth
condition, exists:
(1) The imposition of the terms, rules, conditions, policies and standards of this
division would deprive the owner or applicant of the property of reasonable use of the
land or building;
(2) The circumstances supporting the granting of the variance are not the result of
a hardship imposed or created by the applicant, and the general purposes of this
division are"observed and maintained:' and
(3) The intent of this article is preserved;
(4) The granting of such a variance will not be injurious to the public health, safety
or welfare; and
(5) For a development that is subject to the requirements of article VII, chapter 33,
of this Code, the granting of the variance is necessary to accomplish the purposes of
a certificate of appropriateness issued pursuant to article VII of chapter 33 of this
Code. '
(Ord. No. 03-159, ~ 5,2-12-03)
Sec. 33-137. Applicability of variance.
Any variance granted under the provisions of this section will apply only to the specific
property and use upon which the commission was requested to grant a variance by the applicant.
All variances as granted shall be in writing, shall be signed by the secretary of the commission and
maintained as a permanent record of the commission.
(Ord. No. 03-159, ~ 5,2-12-03)
Sec. 33-138. Mitigation for loss of installed and preserved vegetation.
(a) All proposed, existing or relocated vegetation shall be maintained in accordance with
this article and appear healthy for a minimum of two years from the issuance of the final
certificate of occupancy. Dying, damaged or removed trees shall be replaced at the owner's
expense with another living plant that complies with the approved landscape plan. The tree
replacement quantity shall be equal to or greater than the original or credited quantity for the
tree in question.
(b) The planning official shall notify the owner of a building site in writing when a plant is
discovered which does not meet the requirements of subsection (a), above. The owner shall
then replace the plant within one year from receipt of the written notice or between
November 1 st and April 1 st, whichever period is less.
(Ord. No. 03-159, ~ 5,2-12-03)
" _ _._ - ___1__..'_______ .:I11/.....I4-_..~~/1 t:':lOI1 0'101112A'1?4;:t..m...l..t...,Cl:lT.=r1nron1T'lpnt Q/?Q/?004
. ~TICLE V. TREES, SHRUB~ SCREENING FENCES
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Page 21 of21
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Sec. 33-139. Interference with e)(isting utilities, curbs, sidewalks, drainage facilities,
roadways, street lights, appeal of denial of waiver.
(a) The planning official shall grant a waiver when requested in the application if the area
in which the planting is required by this division is too small to accommodate the required
planting without damage to existing utilities, curbs, sidewalks, roadways, street lights or
drainage facilities, and the planting requirements of this division may not be otherwise
satisfied pursuant to this division.
(b) A waiver shall be granted where the planning official finds the following:
(1) That a literal application of this division will result in damage to existing utilities,
roadways, street lights, curbs, sidewalks or drainage facilities;
(2) The waiver, if gra~ted, will not be contrary to the public interest;
(3) The waiver, if granted, will not be detrimental to the public health, safety, or
welfare; and
(4) The waiver, if granted, will not result in a violation of any other applicable
ordinance, regulation or statute.
(c) No later than the thirtieth calendar day following the filing of the required application for
a waiver, the planning official shall issue to applicant a written notice that the waiver has
been granted or refused. Any notice of refusal of an application for a waiver must include a
written report explaining in detail the reasons for such refusal. The issuance of a written
notice to the applicant shall be complete upon deposit of such notice in the United States
mail, first class postage paid, addressed to the applicant at address given on the application
for the waiver.
(d) The applicant may appeal the denial of a waiver to the commission in the manner
provided in section 33-134 of this Code.
(Ord. No. 03-159, ~ 5, 2-12-03)
Secs. 33-140-33-150. Reserved.
1-.++-./11:1-._..._,1:: ..........:..."'A.. ..."'.....fnnt....'''.., All ftv ft.."....f' t:;':lnf' 2':l2/' Sl.d':l?~...".,...l'::lt...,ct:fn::An,.l1""pnt O/?O/?OO.1
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ZONING
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~ 106-831
b. Construct earthen berms with a combination of trees, shrubs, and ground
cover that after three years will be at least 20 feet in height and creates a
continuous visual screen.
c. Develop a screening plan that would be approved by the city that includes
a combination of trees, shrubs, and ground cover that after three years will
be at least 20 feet in height and creates a continuous visual screen.
(2) The property owner or tenant will provide screening along the frontage of the site
and along the side yards for a distance of 50 feet. In the advent that the site is
adj acent to a commercial or residential use, the screening shall be required for the
entire length of the adjacent yard area.
(3) All required screening shall he adjusted away from overhead power lines to allow
for full maturity of the trees without unnecessary trimming or topping of the trees.
(Ord. No. 150l-X, ~ 5, 12-16-96; Ord. No. 1501-II, ~ 8, 3-27-00)
Sec. 106-801. Tree preservation.
(a) It is the intent of this section to encourage the preservation of existing trees
within the city and to prohibit their unwarranted destruction.
(b) It shall be unlawful for any person to cause or permit the destruction of any native
tree within 15 feet of any street right-of-way line or easement line abutting the required front
yard or within ten feet of any street right-of-way line or easement line abutting the required side
yard within the city if such tree has a trunk which exceeds six inches in diameter (or 18.84-inch
circumference) at a point 18 inches above the natural ground level. Provided, however, it shall
not be a violation of this provision if a tree is removed and destroyed where, in the opinion of the
planning director or his designated representative, said tree constitutes a hazard to pedestrian
and/or vehicular traffic along any such right-of-way.
(c) No person, firm or corporation desirous of developing or improving any parcel of
property, shall remove or cause the removal of any tree from said property without first obtaining
a clearing permit which would allow clearing of buildable areas only.
Sees. 106-802-106-830. Reserved.
ARTICLE VI. OFF-STREET PARKING*
Sec. 106-831. Purpose.
(a) The regulation of off-street parking spaces in these zoning regulations is to
alleviate or prevent congestion of the public right-of-way and to promote the safety and general
welfare of the public, by establishing minimum requirements for off-street parking of motor
vehicles in accordance with the utilization of various parcels of land or structures.
*Cross reference-Vehicular parking facilities for mobile home park sites, ~ 98-98.
Supp. No.9
CDI06:91
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THIS ITEM WAS PULLED AT THE PREVIOUS MEETING. PLEASE
BRING THE BACK UP YOU RECEIVED PREVIOUSLY. IF YOU
NEED AN ADDITIONAL COPY, PLEASE CONTACT THE CITY
SECRETARY'S OFFICE.
THANK YOU
-,.
Requested By:
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(
, Agenda Date Request
Aporopriation
Department:
Acc't Number:
Report: ---X-Resolutioi1: _Ordinance: _
Amount Budgeted:
N/A
Exhibits:
Joint Resolution
Amount Requested:
N/A
, Exhibits:,
March 4. 2004 Report
Bud eted Item:
YES
NO NA
Exhibits:
Snppnrt' ,etter,Pa~adena Cnmmittee
SUMMARY & RECOMMENDATION
In April CitY Council passed a joint resolution authorizing staffs from the City of La Porte and the City of
Pasadena to expand their investigation into: 1) the possibility of a joint venture youth baseball complex, and
2) a connecting arterial roadway between GenoalRed Bluff in Pasadena, and the proposed Canada Road in
La Porte (please refer to the report submitted to Council titled "Report on Potential Joint Venture
PasadenalLa Porte Sports Complex and Connecting Arterial Roadway", ,dated March 4,2004.).
As you are aware, Pasadena City staff did not present the joint resolution to their Council because of issues
raised by several Pasadena Council members. Our staff has solicited a design proposal from a qualified
architectural firm, Randall-Porterfield, Inc. for design of the Westside park property, with a scope of work
that incorporates the six baseball fields that were originally proposed at that site. However, because of the
, ( potential benefits that would be achieved by both La Porte and Pasadena as a result of this joint venture, we
have waited to present the design contract to Council until a final resolution'to the issue of a joint venture
with Pasadena has been resolved. With construction of Canada Road imminent, we need to move forward
with the design of the Westside property,so that it will be ready' for construction once Canada Road has been
completed. !tis important for the architect to know which design of the park to follow; With ballfields or
without; the fmal scope of work can't be addressed until the joint venture issue is reso~ved.
Finally,. it is in the interests of both La Porte and Pasadena ,to re-route the Genoa-Red Bluff extension to
connect with Canada Road instead of Brookwood in order to provide' another key north-south connector
, through.La Porte that will 'serve residents of both Pasadena and La Porte. '
Action Required bv Council: ,
Consider a course of actiqn and givesta(f direction regardirig further investigation of a joint venture between
the cities for a Youth Sports Complex and for a connecting north-south roadway between Genoa-Red Bluff
Road in Pa~adena, and Canada Road (East Boulevard) in La Porte.
Aooroved for City Council At!enda
. A /J j rfrr .
~.t II ~ .J-.-O tf
(
Direct Hire/Fulllime
Temporary
Contract
Business Services
722A Fairmont Parkway
Pasadena, TX 77504
(713) 941-0616
,(713) 941-3624 fax
www.meador.com
I
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MEADOR
STAFFING SERVICES
March 31, 2004
Mr. Michaellsennann
Parm and Recreation Director
City of PasCxJena
3111 San Augustine '
Pasadena TX 77503
RE: Joint Venture Sports Complex '
Dear Mi~e,
I am writing this letter in response to the executive report you sent to the Pasadena
Sports Complex Committee. I am pleased to report to you that the', committee
overwhelmingly agreed with your findings and will lend full support to the CIty ,of
Pasadena in favor of moving forward with the projeCt:.
, The potential of 'this cooperative effort between the City of Pasadena and the City of
La Porte is a win~in for bOth cities' on several levels. An effort. such, Os thiS
demonstrates extraordinary, fISCal responsibility to the citizens of both cities, and a level
of coOperation 'with neighboring communities that other communities will stand up and
ta~e 'notice. Multi-jurisdictional projects are attractiVe to granting entities creating
additional funding oppOrtunities and, the pooling' of existing bond funds will enable us "
to build a world class complex! , '
, '
A, complex of this magnitude will attract tournaments from a,ll, over the state and
, ' abroad boosting travel, and tourism in C';)ur region "as well. as reenergizing our youth
baseball programs in both C;ities. ' '
. . . .
The Pasadena Sports ~mplex Committee encourages'the City of Pasadena to further
explore the'p05sibility to this unique concept and will help in every way possible to see
. , this dream come to, fruition. If you have any questions or needs regarding this project or
, the committee, please do not hesitate to call me at 713-941-0616.
, Sincerely;
.~.
Ben F. Meador, Jr.
, 'President
BFM~em
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If the proposals are deemed viable, then staffs are directed to prepare the necessary
Interlocal Agreement(s) to accomplish tlie projects herein described; however, they are
subject to formal approval of the respective City Councils.
'(,
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CITY OF PASADENA'RESOLUTION NO.
CITY OF LA PORTE RESOLUTION NO.
2004-
,A JOINT RESOLUTIO~ BY THE CITY COUNCIL OF PASADENA ~ND THE, CITY COUNCIL OF
LA PORTE, AUTHORIZING FURTHER INVESTIGATION OF A JOINT VENTURE BETWEEN
THE CITIES FOR A YOUTH SPORTS COMPLEX AND' "
FOR A CONNECTING NORTH-SOUTH ROADWAY BETWEEN GENOA-RED BLUFF ROAD IN.
PASADENA"AND CANADA ROAD (EAST BOULEVARD) IN LA PORTE
WHEREAS, the citizens of the City of Pasadena and the citizens of La Porte have approved bond
issues in both cities respectively, to address the present' and future needs of their'
respective youth sports programs, and
,'(
WHEREAS, the City Council of the City of Pasadena and the City Council of the City of La' Porte have
,authorized their respective staffs to begin work on the implementation of the voter's
, " wishes in that regard, and
WHEREAS, there appears to be much mutual benefit in a proposal to combine the efforts of both,
, cities in a joint venture project on property owned by the City of Pasadena and located
in the City of La' Porte through economies of scale and duplication of common, facilities
ther~by ,generating a more beneficial use of taxpayer's money in both cities, and
WHEREAS, the proposed connection between Genoa-Red Bluff Road in Pasadena and Canada Road'
, (East Boulevard) in La Porte would offer an improved transportation corridor for the
'area including an. additional emergency evacuation route for both Pasadena and La
,Porte residents; NOW THEREFORE, '
, ' '
" '
'BE IT JOINTLY RESOLVED' BY THE' CITY COUNCIL OF THE CITY OF PASADENA AND THE
CITY, COUNCIL OF THE ,CITY OF LA PORTE, T~: '
1. "
:' ,That staffs of each respective city ,further explore'-, the legal, operational, and logistical
'ramifications of' the' proposed joint. venture' sports complex on property owned', by the Oty of'
.' Pasadena, and the proposed arterial roadway connecting Genoa-Red Bluff in Pasadena with Canada'
Road (East Boulevard) in La, Porte. '~f the proposals are deemed viable, then staffs are directed to,
prepare the necessa~ Inte~local Agreement(s) to acco~pnSh the two projects herein described/\
PRESENTED AND PASSED on this the 12nt day of April 2004 by'the City of La porte~ by a vote of -'
yeas, and nays at a regular meeting of tf:le City Coun~i1,of the qty of La Porte, Texas.
, Norman L. Malone, Mayor, Oty of La Porte, Texas
,1:- ,-, ~ __..,_ -, ..'-,....' ,-- ,-..-- -, -, --..-------,--
Page 1012
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n ITEST:
, Martha Gillett, City Secretary, City of La Porte
, Date:
,APPROVED AS TO FORM:
, Date:
Knox W. Askins, City Attorney, City of La Porte
, '
PRESENTED AND PASSED on this the 13th day of April 2004 by the City of Pasadena, by a vote of -
yeas, and nays at a regular meeting of the City Council of the City of Pasadena, Texas.
John Manlove, Mayor, City of Pasadena, Texas
AlTEST:
. Date:
Lynne Summe~, City Secretary, City of Pasadena
APPROVED AS TO FORM:
~ Date:
Lee Clark, City Attorney, Ci,ty,of Pasadena "
...--.. ..--..-.--' -- -~---_. - ---.-----.. --- -...-. .- .---.--'-- .-----
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Xgenda Date Requested: 11/08/04
Aoorooriation
Requested By: Dehra D Qye
Source of Funds:
Department: MaiD Street City Maaager
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
Exhibits: Potential Future Projects for Downtown
Amo"nt Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
Update on status of the Downtown Revitalization program.
.'.'6._
Action Reouired bv Council:
No action required
Aooroved for City Council At!enda
~~
Debra B. FeazeUe, ity Manag
JI-t-Ocf
Date
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MEMO
TO: Mayor & City Council
THROUGH: Debra Brooks Feazelle, City Manager
FROM: Debra D. Dye, Downtown Revitalization Coordinator
DATE: November 8, 2004
REGARDING: Downtown Revitalization Update & Accomplishments
The Engineering/Planning department has been meeting with the Main Street Committee
dealing with issues pertaining to the moratorium downtown. The committee sought input from
the community and taken their suggestions to P & Z, which has approved them. The City
Council passed them on October 11th.
Once the moratorium is lifted the Main Street Committee will continue meeting to determine
what type of architectural/preservation measures should be implemented downtown. Bratten
Thomason, from the Texas Historical Commission, has offered her services during the
architectural discussions to help guide the committee through the numerous protective
measures available and determine what mix is most appropriate to meet La Porte's current and
future needs.
Kim McKnight, the State Coordinator for the Texas Main Street Program, visited with the Main
Street Association and the Main Street Committee in August to get a feel for our community
and those involved in the revitalization effort. She explained what the program has to offer
and answered their questions. Those who attended the meeting left excited and inspired by
what they heard and became even more hopeful that we get into the program this year. The
Main Street Application has been completed and submitted to the Texas Main Street Center.
We were given the good news on October 15th that we have been accepted into the program,
along with Livingston, San Angelo, and Sinton.
Some of the projects that come with being a new Main Street City are hosting Texas' First Lady
and a Resource Visit, and we will keep you posted as we learn more about what needs to be
done.
The Main Street Association and Downtown Revitalization Coordinator have submitted Roelof's
Antiques & Refinishing for the Texas Downtown Association's 2004 Awards Program in the
category of "Best Adaptive Reuse". Judy and Roelof have done an amazing job converting
their historic feed store into retail space and a loft apartment. They have received a
"Certificate of Accomplishment" from TDA, but were not selected as a finalist. However they
were selected to b,e on HGlV's Building Character show and were filmed on Oct. 25 & 26. We
haven't heard yet when it will be aired on television.
We have begun to look toward establishing the Downtown/Main Street Advisory Board, and
committees (Design, Economic Restructuring, Promotions, and Organization), along with
preliminary lists of potential projects for them to consider.
604 ,West Fairmont Parkway La Porte, Texas 77571 dvedtf1Jcl.la-oorte.tx.us Fax 281-842-1259 281-471-5020 ext. 270
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Main Street Schedule
- Update -
2004
October 1 5
November 8
2005 Main Street Communities announced
Downtown Revitalization update for City Council
November 1 0-1 2
Texas Downtown Association Conference - introduction of
new Main Street communities
2004 Tentative Dates
November Main Street Committee begins meeting to determine
architectural protective measures
November Begin establishing Downtown Revitalization Board &
Committees (Design, Economic Revitalization,
Organization/ Marketing, Promotions / Festivals)
November Board & Committees determine strategic plan
2005 Tentative Dates
January 10-14 Training for the Main Street Advisory Board & First Lady's Tour
February - May First Lady's Tour
April - August Main Street Resource Team comes to La Porte for 3 days
r. ....
,:, " ,'::'~, ,.',
, ,,1!ESIGNC~MMITTEE ,
, '
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POTENTIAL ~TRATEGIC 'PLAN & 'WORK PLAN
': 2004 ~ 2005
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be done.
.
.
Overseen B
,
The P~~toWn Rev,italizatlon B~ard & Committees will dek,rmine what they wiil undertake and prioritize projects.
is a partial list of iss,uei '~e11ii1ent, to downtown,~d is in no particular order. The p~ is to get thoughts flowing, not dictate what will
l Y W 5' Yepr Proi.~ct.'.' '
a~ ' Billboards
, 1.' Select locations
2. Raise funds
,3. Graphics
This,
No~
, "
b. Gateway'Entri,es
1. Select locations , '
2. 'Detennine appropriate d~ign elements
3. Schematic drawings and cost ' '
4. Raise funds '
S. Work 'with TXDOT, etc.
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Main Street logo
I. Have ~phic artist work up samples
c.
d. Mai~ Street Committee
1. , Work wiU1 moratorium group on architectural & preservation measures for the new Main,street ordinances
e. Connect with Sylvan Beach
1. Wayfmding Signage
2. Lalidscaping , ,
3: Streetscaping
4. Gateway entries
10/04
PRELIMINARY PLAN
. Design - 1
.
~
Oversee,,' B
Proh~et
5 X ear
Now
Connect with Broadway
1. Wllyfinding Signagc '
2. LandScaping
3. S,treetscaping ,
4. Gab.'way cnmes
f.
1 Year
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Connect with Hwy. 146
,1. Wayfinding Signagc
'2. Landscaping
3. Streetscaping
4. Gateway, cntries
Si~age guideliQ.es
Building guidelines
g.
h.
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j. Sidewalk project & S~tscaping
'k. Murals
, ,
1. Design Educational Booklet '
m. OvCtall desi~ f9r'streetscaping
n. Additional, Parking' Areas -landscaped
....
Q. TEA-21 grants
p., Water Tower - mural and lighting, to serve as a downtown beaco~
q. Art in Public Places
f. La Porte Shopping District Map (coordinate with Design, Ec Res, C
orc...) ,
PREUMlNARY PLAN 10/04
Design - 2
be done.
......
ECO~O,:MIC REsTRuqtrRING COMMITTEE
" POTENTIAL STRATEGIC, PLAN & WORK PLAN
. .. .
, '
, 2004 - 2005
.L .... . .
" ': ' The Downtown Revitalizatioil'BoaRt &. Committees will determine what they will undertake and prioritize projects.
is a, partial list ,Qf ~ues pertinent t9 downtown and is in no particular order. The purpose is to get thoughts flowing, not dictate what will
This
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Overseen B
........... .
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b. Esta~lish a Signage aQ-d, }Jaint grant assistance program
c.. Parking,~ludy, (coordinate with Design)
d. Business mix,
1. Determine current-mix '
, 2. DetenUme desired mix
3. Determine desired nich~ for businesses ,
:, and festivals, (coordinate with Promotions)
e.: BUsiness rec~itment - expansions, relocations, & new
f. ' ,1Iiv:entory, buildings and o,wners
, , 1. Put into format usable for marketing
g. Bus,iness, - educational development
h. Busin~s networking lunches
PRELIMINARY PLAN IO/Q4
J;conomic RestJ.:IJc~ring -'I
Pr~je~t
a~ 'Lo~ intereSt loan program
5 Year
~
t Ye,r
Now
.....
Web site info. (cQordinate .1 Design)
i. Look at fcilsibility of tax abatemen~
j. Hotel
k. 'Develop, historic tourism
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Museum
Neigli.borhood redevelopmen~
, ,
P~king study (coordinate withOesign)
, , '
, ,
,qran~ for 'd~~~o~n projects (coordinate with pesign)
. ,
Business hours Qf operation
1
m.
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PREUMINARY PLAN 10/04
~o~oniic Restructuring - 2
, ,
FOC~~~,F~L~'2004 '
. .:" . "
fOCUS -"WIlV:rER 2003 :
. . ..
FOCUS - S~RJN~200J"
" '
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FOCUS ~ SUMMER'2003
, , '
FOCUS....; LA'TER ON
, , '
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be done.
. " "......./11:" ' '
, ',"O~Gi\N~Z~TION, , ' RKETINGC'OMMITTEE',
,,',' PQTENTIAL STRAT~GIC PLAN'& WORK PLAN
. 2004 - 2005
, '
" ., The J;>owntown Revitalization Board &,Coinmittees will detennin~ what they will undertake and prioritize projects.
This is a p8mallist Qf i,isues,:p~ent to c;lo~town,and is in no particular order. The purpose is to get thoughts Rowing. not dictate what will
, '
, ,
, ,
, '
. . . . . ....
Now '1 Year; ': S Year" Project: Overseen B
PUBLICRQLA,TIONS&M4RKpTJNG., -; ,
" ", . :,' : ,a;: Develop & Maintain Web Site'
:' .I;, Cooidinate'with Ec Res & Design
, " b. Partner with areaShopping Malls & Big Boxes
,c. Image Campaign'
d;
e
County & City employees & students..
TV
, ' ,
Design Maii;l street ,Brochures
e:. ,Mark~iDg,Blitz ,- to LPISD, surrounding schools~ SI,
. . . , .' .... .
, '
, '
f" Advertisin~~keting Campaign - partnering with merchants
'Includ~:. pha.m~116 Cable. m~u~., banners. ~ater bil~. TV. radio. newspapers. etc.
g. Publicity ,~~vents, ~uccesses, etc~ Work ~p pr~s' releases, radio spots~ newspaper ads,
':', ' Commercials, interviews, etc. ~ordowntown 'aCtivities and successes '
h.'Produce,'quality booklet on historic preservation
i. Preservation Awareness May
Week -
PRELIMINARY PLAN 10/04.
OrganizationIMarketing - 1 '
Ov.erseen II
. ~ .
SYeu
No;, J Year
TRAINING
.
.
Proiect
j. , Main Street Workshop
, ' '
~,. Nomination of Advisory Board Members ,
.1'. ~~anize,& conduct .8DDual nQ~ination Pl'e?graDl
,l'., 'Write By-Laws
'm." Review By-Laws aIlmially
, 1. Make any necesSary cf1a:nges
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n. Volun~~ " ,
1.' ReCruitment of ~olun~rs as needed
. " -
, "
VOL'UNTE~~~M
0; Main Street Celebration:
, : 1. This is a tiRie to recognize those who have made MS successful
': 2. Hcld every three yearS
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PRELIMINARY PLAN 10/04
Org~izati~oIMar.keting - 2 '
, ,
FOCUS -"FALL 2004
.' ..". . . '", .'..' ",
FOCUS' -, WINrER200J
, , '
. ."
,]lOCUS ~ S~R1N;G ~~iJj,,'
. .:. . "'. '.
, .
". ,...-'. .. '. .
FOCUS ~ Sl!MM~R 2~03
. ., " . . ... '.
. . . . . .
,FOCUS ~'LA'TER ON
.:.1'
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," " .. -..-, ,
, ','rRoMOTION/FEST,IVAL COMMITTEE
':POTENT~L STRATEGIC PLAN & WORK PLAN
:, ' 2004 - 2005
:, The Downtown Revitalization Board, & Committees will detennine what they will undertake and prioritize projects.
list, of ~u~: p~ine~t to ,lio~to~, and is in noparticulm: order. The purpose is to get thoughts flowing, not dictate what will be done.
. . .. .'
'S'Year ',Project ,,' :: , Over~een Bv:
. ." . . '. . :."
. . . .
'~. R~~c~ 'surroUnding community events
b. Detennin~ desired f~tival mix (coordinate with Ec Res)
, ,'1. Chrisbnas ,
'2. CmwnshJam',
3. Monthly Retail Event
, 4.. New?
is a pBrti,,1
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This
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PR & Advertising (coordinate with Organization/Marketing)
Ann~8I 'MerchantS ,Meeting. ',.
,I. Make ,plans for all events during the year
2. Launch coop adv~rtising - TV, Newspaper, etc.
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Plait and or~anize eve~ts, ,
Tourism (coordiJulte with Ec,Res)
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FOCUS - FALL 2004. ' FOCUS - WINTER 2005' Fo.CUS,- SPRING 2005
FOCUS - SUMMER 2005, .' FOCUS - LATER ON
PRELIMINARY PLAN 10/04
, PromotionIFestival- 1
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" Main,Stteet Program
'1..1 tlartt
':iIlain atmt
'lIssaciatilin
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.Texas Main Stre,et Program Overview
, '
The Texas Main Street Program, part of the Texas Historical Commission's (THe)
, Community Heritage Development Division, helps Texas cities revitalize their hiStoric,
downtowns and neighborhood c~mmercia1 districts by utilizing preservation' and'
ec<:>nomic development strategies. , "
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The Texas Main Street Program is ,among the most sUcce~ful downtoWIl reVitalization
,programs in the nation, and has assisted more than 130 Texas cities through the program. .
The program has resulted'in the private reinvestment of more than $860:m.illion in Texas
'downtowns imd neighborhood commercial districts, the creation of more than'18,200 jobs
"and the establisbmentsofmore than,4,600, new businesses. :
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Program BeQefits and Requireinents
. Each year the Texas Historical Commission selects up to five Texas citfes and'1irbari
areas as,official TexaS MBinStreet 9ities. Selected communities !!e,eligible to receive a
range of s~ces." ' " ' '
2004'Selected Cities,
, Grand Saline
McKinney
Pecos '
Pharr"
2003 Selected Cities
Cluksville ' '
Llano
Luting' ,
, ,Van Hom
Winnsboro
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,'-,Requirements' ': " ' , ' , ' , '" , ,".", ',',',
Texas' citi~ w~th iiistO~c commercial bUiidirigs' in 'their d!)WntoWns 'and neighboihooq'
:,'business distIictS may ~pply for'Main S~t designation.,', '" ': ' : '~, . '
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, ,Citi~'with p()p~ation :iip 'to,''50~OOO ~ust .gree to hire' a fu1l~tune M~ri,Stre~t M~ger
, for'3.years,an~ pmvid~ !uridingfot'~eloca1 pr~~" " ',' ': ',:' ,,,:,:,, ",,', , '..'.,',' ','
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Cities'that complete,tjie ',thi-~~year,"pro'~ fu~;. enter th~'lliadd~~:'pr6~' and
continue, to participate' in'the M~ street n~~ork. ' , , '
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R edeveloDment Stratew
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, Action 2: . ,Impi'crnent recommendations- in th!=. Land Use Element related to
neighborhood protection requirements' as' part' of the City's development' ,
review, and approval, process, in~l~ding' physical' ,screening,' increased '
setbacks,' and use of open space b\1ffers. , ' ,
Action 3: , 'Work with owners of existing' ~oTnmercial,and,industrial operations near
residential areas to identify ways to reduce adverse impacts on adjacent'
, ' neighborhoods. ,
Action 4: 'Iinplemelit the, numerous 'recommendations in the Residential :'
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'Development Element related to long-term protection of neighborhood, :
, integrity~ , ' ,:
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'Avoid zoning amendments 'that amount to inappropriate "spot zoning.;' , :,
The City, should encourage and support community and neighborhood- ~
, , based action programs., ~. .
, Action 1: " Promote organization of qUalified neighborhoo4 associations. ' : :
Action 2:'" Pto~de technical assistance to, neighborhoods in drafting new or reviVing "'~
: ,lapsed deed restrictions and 'restrictive covenants. : , '
.4,ction J: ",Communicat~; regularly with'.'local organiiations and churChes about ,~"
identified needs and planned proj~cts and opportunities for public-private,
,coo'rdination. ' ", ' '
:' Action 4: ' ,Im:plement recommendations' in, the Residential' Development Element
, ',', , relat~dto support ofneighborhoodini~atives. . ,
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Chapter 12 :
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Action 5:
Polic:y 3: '
OBJ.' 1 2.2a::-" " : '<:,l'tep'~re~Dd 'imp~ement a downtown deveJ~pment p.lan. ..
, Policy 1: , ',' 'The', City should, promote a unified, vision 'for downtown through a'
.. :," 'co~perati~e' and unified effort with the Main street Association. '
, . , " Ai:tio~ .;,< 'Ilii-oughthe d~~to~:plaP.:~~e,~c; ~ecess~',~tcP~ to preparc'~e City to '
" ' ,.,' ' '" parti~ipate in Mam Stree~' and other revitalization, programS. ' ,
" . Action 2: ,', Review: the' City's zon~g" ordin~ce to' ,ensure that downtown is zoned
.. , ~' a~ropriately" to'> prompte:' i~> lon~:term "viability, :and " encourage
" ' , " ,redevelo~ment a~tivhies. ' , , ' " " ,', , " .
,,'. 'A-ctfOD~: - ',:Evaluate the'pe,destrian. "fii.end1iriess'~ of the ~owntoW11: area and identify
" '0, :';, :neededimiJr(~venle~ts:tOpedestrian'ways;":",, ," ',' , ',', '
: ,Action 4:, ',,', ,:intPlement- te~on:unenditions, in' ',the :', Beautifib~~bQ' ~1~mei1t'related. to ,
, " ,::' adoption' of an"u~bah design the~~' for ,',doWntQWn arid es~b1ishment of ,'"
:,,',':stari~rds'.'and' gUid~line$ ,formanagingdo~lto~, a~sihetics 'and~eatirig a
',',', "sense of plac'e" '~.rough"distinctive improvements L'i' cooper3tio~, \\ith
" , ~ropertyo~ers artd~ther do~to~ stakeholders! ,: : ' '" ,
" Action 5:, ~Conduct, an inVentory of existing, building, conditions, to identify"
:,substandard or dilapidated stnicture and to set ,priorities' for rehabilitation "
, efforts.,
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GOAL lZ.2:' 'Revitalize the City's historic dowDtown area~
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, ChapteT 11
Actiou.:-
Action 3:
Action 4:
Action S:
ActioD 6:
Policy 4:
ActioD i:
Action 2:
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ACtiOD 3:.
AdioD 4:
Action S: "
Implem~t recommendations in the Beautification Element related to
distinctive,' design features, for downto~,' such as street 'and. sidewalk
, paVing patterns and store-front ,awnings and,canopies.
" pevelop street si$Ils and directional signs that ate unique and compatible'
with the historic character of the doWntown 'area. " .
Implement recommendations in the Beautification '~lement related to
corridor enhancemeQ.t to improve vehicul~ access to downtown and to add '
appropriate directional signage to ~ide visitors from major area roadways
into the downtown area.
Step- up ~rketingefforts' for downtown and theeritire city through
coordinated-advertising in community newsPapers, an upgraded Pty Web' '
site, and other new and exp~ded ef!o~. ":,',' ,:'
Increase the City's role in marketing and promotion ,by 'establishing a
,Convention and, Visitors .Bureau' ~nd ,by dedicating, a larger share of"
hotellmotel tax revenues to local tourism and business promotion activities.'
The ~itY should work with comm~ity groups to preserve,' enllance and,
promote La Porte's, historical assets_' ' ,
Implement design., standards and ,incentive~, for' the preserVation 'and ' '
, enhancement of historic structures in the doWntown area.
Explore' avenues of fmancial support, and'. assistance' to l~cal historic
, , preservation activities,'
Promote:herit:3.ge tourism opportunities. ., ' ' ,
Feature historic structures :~d,,' sites 'in.. ~ll, ,in~oini.tional publications, '
community Internet sites, and,promotional,lit~ture'and events. ,
'.Implement recomm~nd~tions in, the Parks and Rec:reation~lerrient related
to support of a,ctiVities which promote Ii, Porte's historic ,iandm~ks Md '
,..features for local enjoyment, ~d fc;>r tourism potenti~l. ' ,
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EXISTI~G CONDITIONS I
Previo'us,: PlliDs"snd St,u~,i,~ >, ';',:, ,:
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Se:vml related ~lat1s ,8J1~s~dies ~ve p~viou~ly addressed'red~~elop'~enfi1eedS 'wi~in La Porte.
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, ":',,', CitvofL~'ptiri~Com~~h~n~i~ ~hui h'~84): :'
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, The City',! 1984'Pl~ ~oted,,~at'ta:Porte;,Ji~e'oth~r~hle~~:'had':mas.'that,wer~ already in a
deteriorated condition or experiencing ~uch . dec1irll~~<'Wh,i1e 'limited, these, areas :'were 'seen as adversely
, affecting' the'City's ove'rillima:ge an6 detracting,from,ncarby neigh~orhoods. 'l11e 'C~mprehensive Plan,
, established a goal ofup~di'ng"the quality ~f. these are~s~ Those i~volyed. in prep~ng ~e 1984 Plan also,
," . :, believed that the CitY cOllld' best' bolster ~hese 'areas by, implementing the new Cpmprehensive Plan, '
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.................~..........~..................................................... . .- -_'" ...mp.re ellSrve all Lip ate."
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Chapter 11
, inc:l~iog variOus actiqns ai~ed'..at improving future:land use, ~oroughf~res, uti1ities,.co~u~ity facilities,
;~sidential~evelopment and, cornmuni~ aesthetics. By following through on these 'plan proposals' an~ "
,targeti,~~ 19C21 reso~~s ~~o~gl:1 ~_cityWl~~ .C'apitaJ .1n:tpr:ove!l1~nt .P.r08r.a,m..j~_'V~ t~opghUh,a,Ob~ ~ntir~ ;.. _:-._ _~' '
City woul~ til."';ve as traditional development patt~s took ho~d in La Porte amid the 'strong re~onal growth ,'~'
,situation. A later ..::,da:te to the, City's Comprehensive Plan in I ?94 focused 00 a few key elern~ts and did, ' :
:,' not address, redeyelopmt.:,t issues. . ,. ":, ,
City of La Porte Bavfront Master ;'l.an (1993)
" " ,'The City in 1993 re,tained a consu~''''nt team to de~elop a M~na\Vaterfront Distni::t,Mister Plan.
,This study was intended to stimulate new,ecoi:"mic development.. 'diversify ,the City's:"economic b~e
through: stimulation 'oftourisn\ .and ellcourage Impro"t.~en,t in the. physical enVironment by taking better
advantage' of La Porte' 5 waterfront asseti~' The report pointeJ ,:,ut that :-vhile La Porte's baY-front was once
'the site or'grand celebrations' and intens'e 'summer h'oliday actiVity; ~"e area had experienced considerable
" , decline : as ~ regiona~ r~reation destination~', :" The consul~t' recon"JI';:'miatio~s' ranged' from "safe, ,
, imrnediately~achievable" physic~l. iniprovements to more :ambitious projeCt prop~:llls' t1:tat would Vastly
, transform La Porte~ : ~e, City continl.l:es to, desire the types of major''waterfront deveiui- ntsdepicted in'
" ~is plan, including a hotel and, confer~n,ce 'center and a marina on Galyest,?n 'Bay. ' .
mStDriC DowDtown Area.
,! ' ' A Central Busine~))istrict (CBD) :is' traditionally, the 'c~~ercial,center' of a' dty~ This is,
, characteriZcdin most cities as '~n area OI higher land, values; a concentration ,of retail business:~: " "~ces, .' ,
" " govenunental functions',fmanciaI in~ti~tions, ~d 'service businesses; an~~ cu,lti.ual, and, ent~ainment
activities. A ,yital compon~t' t~ the 'C!3P is ,its're~ill'.alrO!1,s~ : Howe~er,pati'ons and visito~ will Dot come,
, to, ,the, CBP without adequ1lte; p,~lcing~ ,pedestrian amenities, a varietY 'and balance of retail and' service
. . stores, pleaSant aesthetics, sutncient $ti"eet lighting to ,:create a secure, ind ~fe envifonm~nt, and ease of
ac~ess~,' The 'photograph shown in '~iiure 12.1 - Historic Downtown La P~rte. illustrates the existing
conditicms in downtown. , " . '"
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As in' inanycities, La p'orte's ~historic cidwnto,Wi:t area along Main street is 1)0 longer. 'Ute 'City's
,primal)" c,o~e~ial,c~nt~r. 'Howe:ver. ~t.,~s'~ ~a' thilt:c~early is,stilt VaJ,ti~d by La P~rte ,residents'; as
,',' ,'", ' . indicated durin,g thc? c;'urrent c011iprc:;hen~ive pI~ing 'prQcess~' Improvemeri~, c;~ 'be made:~o tli~ physical
.' ,appearance anrj fUnctionality of '~~ downtown ar~a' ~a,t" Will, ha::v~' 'a, ~igni~cant irIipact., Currel1tly, there
:' may 'be, ,a ,perception ofarchitectu~l d~scon~nuity; 'a 'la'c.k ofj~entity~ arid:,aging or deteriondng bllildirigs
. ."' '. I . .. . . . . ." '. .
and,ii1fra~truc~e' that. define the image of. the old down~o,wri.' .Non~theless'~, existing, building, and,vacarit
"parcels,'may, ,pres~nt' oppo~ities.. for,,~lfiUing,.spe~iar n,~ed~ ',o~ ~se~ ,i~'~~~ downt~wn a.re~ such a.s' parks
and, open, spa~e. parkiI:lg ,and o,tl1er)~ca~lyidentifie,d,re~ilj, entertainment and, s,erv.ice,n~eds'~ ',The, City's
'1984 c:om~rehensive Plan' pointed: ~ut the: 'n~e(fA)~ ~ore 'I:~~iJ . deve loPIll~ri~ 'in La :~orte. arid, this" need '
,continues. ,In the City's current'marketingbroc;:hure~'uLa Porte. 'rexiis: Ready for Business," La Porte's
City Manage~ notes ,the City.'s'''d~~ife to ~ttracf~ew re~ail. busin~~~~~;'includirig' sup~ke~s, ~hopping
centers and new full serVice frarichise, restaura.nts~ Some ,of these uses' could,be' attracted tQ 'downtown or
the \;cinit:,qo bolster this area. . ,'-;-:' , '
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-. 1.Q Pn.rtR 2(J2rJ CDmDrelzen...~i1}~ Plan. TlndalR, . ... ....~ .'~:..... -,...... ....~.~~.~....... ..... ........... ..... -.-.... ..... ....:
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Chapter lZ
, ' "FIGURE 12.1
mSTORIC.DOWNTOWN LA PORTE
",' La Porte Comprehensive Plan Update, ' ,
, ' ", ' , "La, Porte, Teus ," ", ,'". , ' "
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, ' : An': iriit{al step that 'the, citY, em ~b:' in the downtown area is to cOnquct, an in~toty of existing ,
building' conditions., Each'buiiding'would ~ classified as snndBrd, 's~"standard, or'dilapidated. A stanc1ai"d
" ' ,'condition, is ddine~,as ~,bu~]~,ii1g with fe~ or ~o."visual"d'::,~ec~~, artd any ,der~cts ~t,do exi~t ~~,'~oJ:is~dered
minor. : /tl, building' Wi~, Ii 'sub~~~ conditio~ ,requir,es rep,air tha~ is,ty~ically not witlti.n ',~ ,regUlar
" ' ' , course of ~aintenance, and' upk~ep, 'su~h is rotte(f~\mi~gs,cracked' foun~a:tions and'deteriorating iliortai.
: ': "'lJ1ese repa'irS are of-an iriterm~dlate na~.' 'The final c~ndi,tion, c~tegbry ,i,s dl1apida~edi ',which is deiin:ed ,as '
,;' ':~:building ~~I{major structural defectS. Once thi~ i~forrn.ati~n':is':~~~bled~ CitY.,stalfcan ~~n detmnine
, which b16C~ have'a disproportio~te' share 'or4~tf:ripiated ~uildings' arid' whet:e' ,rehabilitation neecJs are
" , greatest: ' ' , ' " " ' " '",', , '-,:' ' ,
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" ,'it 'is also"irripo~~~: to ,d6cwn~nt:'those:b~i'ldi~gs' tl:1~t,h~~e, 'b~en,r~~vaiedi' are, w~ll,main~ined;
have unusu~ aiChn,ec'ture~ pr 'oth~~se~'add to th~ 'appe~nnc~'or the."do~tbwn,area'-, ,Som~ structure:s might
faU into this tategory ifrenovationS were ttaade:',: ',: , ' , ',,', '.', ' '
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.: Page 12-1 Z ' , ,',' .. '" " , ,,' , ,'.',. " , " ' , '
.. ,............~ .~_. ...._ ......- .'..~. ~~ ~ ..'~".'...~..~. ~. ~'. ~~. ~~.'~...... ,_. ..~',~ ~~ ,La' Por.~e 1,020 ,~omprehensive:PltUI Update
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'._ " in the Northside area
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'A., 'significant industrial md ~tail b~ines~ comin~ty' frames and encap~uiates the ~sid~ti!l
, 'area ~f the Northside. One cacno~ enter the Northside neighborhood Wi~o1it croS$ing the natural '
, geographic bOLmdarieS~createdby Main Streetbwinesses on'the,south. Broad way commercial '
, are~ on the west. 'the Port of Houston' indvstrlal complexes and tnick traffic from Barbour's Cut
on the north, and the iight iridustries imd ~all bqSmesseson the SH 149 feeder ,and 8 ~ Street on
. ,the east', These border areaS are pem;I2Dent" immutable parts of the Notthside,neighborhood, as
intricately intertwined in the future ,o'fthe residential community ~ the"residents themselves.
~~tbout doubt, ~ey are part of theneigbborhood's prob~~ 'and wiU be p8.rt,o~ their solution.
. . . . . ~
Since a major factor driVing ihe,~tiie plarining,process IS the cO~uDitYiS de~ire to attract n~
, families to the ~orthside. it is impof!:ant to understand that prospective home buyers seek more
. tbanjust a bouse. nC}i ~1so want to live in areas that-show strong signs o'fsocial and economic
, vitali,ty. ,For bettet'or ~orse,the bordering commercial ~ones create a Visitor's first impression of, '
", ,the-Northside. And.'like the neighborhQOd they ~und. .the business ilreu show eVidence of '
decline. While there ire ~ ,nuinberofwell-kept, apparendytbriviIig retail businesses on Main '
Street, there are alSo numi:rO~va.cari~ boarded-up, storefronts. Along Br:oadway a,nd 8th Street
some' poorly maintained induStrial and'light cotnrriercial properties need, fO be cleaned up. I,.astly.
OVergroWD vacant lots th~t frOntoD 8~ Street, Batbour's Cut and BroadWay attract illegal " '
, d1lII1ping, harbOr vennin' and' detract from the ,ove~l appearance pf the Northslde area. Strate8ies - ,
, and action recOmniendations descnbed in the Beailtification and Urban,Design section will help ': '
, inct=~e the Northside's l)ver:aU appeal., ' " " , "
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, Besides the iInPrO'Veai~t of'the commerclat zoiles' physical con!fi,tiOo,' there perhaps are mo~
important opportunities available to Den~fit both present and P9tential.Northside citizens., Th ese "
opportunities lie in building up the bUsiness communitY and attracting Dr;W cOrmDCJ:'Ce. Amajor
concern ofNorthside citizens expressedm the September co~unity meeting. by the St~ering ..
. ,CotDmittee, and~,n:~ondeIits to ~e,neigbborb~o~_s~ey is th~De',ed,~~rj,ObS,~djOb ~ining. , '
Two fitton offer. hop~, thJ.t these needS may be met First is the tact that the state of. the national
and i-egi6nal economy'is strong.' and tbe"outloo~ tor-the. future looles bri.gh~ Texans bave more
d.ispo~blc income, the job market is tight,'arid opportunities for new. b~incss andjob, cr~ion '
, ,', abound. : Tbe'secoiu:i factor is tbe Port o(HoustoD'S plaris to build i,'tiew'container tenninal at'
'Bayport.' With, iV:ndi~g approv~ by~' Colinty ,voters, this project will produce,an estima ted
, 28.580 jobs for the area and S6~3.3' riUllion in revenues. By taking' ~ei1ain ,proac;:tive steps now.
, the Nortbl!i~areldw an eXCellent..oppo~tY, to captiUe II portion Q~ thcs~ strong econoinic .'
treDds~dn,e~.developm~n~/or,itself:,..-':.,': .."";:" ",:,':<' :- ',; '<:, ':'~_ ' ,': ,'.. :':' ,:: "
,Strategy: ' Develop, a visionary, community-based system ~o, direct actions ~ward bUilding
a strong economic base for new businesses ,and jobs together:with affordab,l.. t:louslng': ' , '
hlltlatlves,: : ", ',,' "", ". .. ',' - ' '''', :,' , '
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,T~ s~iz~ 'tii~ op~~i~i~s f~t ~~~al"th~~ ~~~~~em'~p~t ,~~~"c,~~id~tio~' or ~:~thod :'
'fo~ organizing and implementing a variety'~,fprDgrams and ~nitiiltives that w~ll help:tbe Northside
, reach its potential.: This is I task that,requires', the development ora COtmDQD vision among 'all . ,
those who wouldstind ~o gain by the revitaliza~on'ofthe Norths~de area- it$ present imd,1i.lture .
neighborhood resi~ents, propertY owners, church leaders. 'schooI' administrators ~d teachers,'
business owners, govermnent officials alld, by exten,sion, all those who live and w~rlc in La Porte. '
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This exhibit su~es, the site 'and base data. analysis and identifies specific , ,
" oppor,tunities for development/redeve1op~t and beautifi~ation. These inclt.~de
" pro~tie~both witJ:in-~e s~udy'area-'and immediately outside it but,logicalIy , ,
linl<ed to the strategic development of the Marina. Waterfront District. The latter
, , description appli~ to the Main Slreet torridor~ to the Fairmont Parkway' cOrridor '
. from Highway146 to.'Br~adway, to the significant ~ea of undeveloped land ,
immediately west ()f~e'golf.coufSe"and to the resideriti,al district. north of the
, study area betw~en E and ~ain Streets. :
"
. '
~. :.
. .. .
Since a primary goal in cond,t1cting the Marina Waterfront riistrict Master Plan '
" study is the stimulatio~ of tOurist visitation of,la Porte's,his'toiic waterfront, the
" ' Consultant teain's plan recominenda~ions are perhaps best pr~ented a,s they'
. ,would be exp~en~ by a vi~itor tp'the District. A IOgi,calstarting point in
describing the wate,rlront improvement plans is at. the intersection of.Highway, 146
and Main Street. ThiS intersection, the northern-most eritrance to the District from
, Houston; ~ a ~tunlg~te~y for th~ visitor to, the 'City o~ta Por,te:
1. The ~e~tem' area of M~in,'S~t is chara!=t~rized by'~"significant number of
va,ca'nt lots with some interspersedbistoric structures., At approximately
Sixth Street, the frequency of historic: structures increa~es; and between '
Fourth Streerand Brc)adway, Main: Street haS,a successionofresi~ua1 historic:
structuies. This area (from Sixth Street to 'Broadway) ,has been recently'. -'
resurfaced and 'offers 'the visitor an image of La Porte's historic commercial
Main Street. Opp,ortunlti,eS Within ,this co~dodndu~e: further road " ' , :,~ ' ,
impmv~ents; signag~ and architectu~a1 con,tro\S; ~treetscape, planting and,
hardscape improvements to c~ate a more pedestrian-frieridly envirOnment;
and improvements' in,street.futriiture' and environmental graphics. ' ,":, :
Additional1y,-the City I:o~ld f~ finan~a1 assistance here in the formol a ,.,
. 'historic oVertay diS,tric:t which might prqmote inves tmen,t within this area. '.,
The City,shQuld en~ur.agethe relocat~Qri of its enda.r\gered historic buildings
'~(] Ma,in Stiee,t to~rthe,r ~ha'~c~ it$ vis~a1 ~,(l spatial ~ra.cter.: :,' , -',. : ' ,
, '2. ',' A;~~~d,a~~ of~t~ntiat:~~~~QP~~\l~rit'iS'th~' ~te:~ectio~of'Main"S~et '
,':< ,," il:rid Br~adWaY, the FiveCom~rs'ofla,Porte.'This intersecti,on; the meeting
,','" point'ot'~o 'orthogonal grids, ~ults in'~series of triang1.11ar intersections.
"Consid,e~ by contemporary traffic engineers to be a ha~, all turning' , :
, , ' " ," " ..: it:lC;lVements ,at tNsjntersectio1\ ba:ve"to be con~o.ned, to ',avo~d 'line-o~-sigh'~' ,
, , ' , ',.' : ','problems '~d traffic ~riflicts. ,An alternate ~lu,tion.'to thi,s intersection 'that
, :' ' , : , " " ":' would gre~~ly ~han~e~~ ..visual ch~a:~er of-Main Sl;reet while addreSs~ng
, ' , ::, :,t,he'traffic issu'e 'would be:the' ~onStructior:t of-a ~tge rotary~',or rOUn,dabout, ,
, ,', , , " With,a signifiCant l~~scipe.fe~~~ in thecente~. ,1;his featUre could be'
u, : " , c~mprised ofplariting an~/orfount~lns and/or- statUary, perhaps. ,",' :
'. ' e;:elebratingsom! impOr~t part of LaPorte',s,history~ Jhe rotary Would also '
; lla~r~ily guide ,~fiic: tow~rd $ylvan Beach 'by,way of san Jacinto 'Boulevard'.
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, 3. ~ Athi~ po,~ential proj~t is th~ testO~atiori of Sa~ J ar;i~'to Boulev~rd ,Is ~n '" "
, impertantvehieular access to Syl~n Beach~ ' The ~isting right-of-way will'
allow a boulev:ard road section which would accommodate an esplaIl.lide .for
, ,:' " .. "planting ahd other be~utification purposes. The we~t side of,San T aento' '
, " , "BouIe~4 is largely publicly-owned:, land, and as such, the street is'a logical
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RESOLUTION'NO. ~004- I ~ ,': " ,
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, "
A RESOLUT,~ON AUTHORIZiNG PARTICIPATI6~ IN,'THE TE~ ,MAIN
STREET ,PROGRAM," AND DESIGNATING " TlIE" CITY MANAGER TO
,C09RDINATE ' ~L ,,', PROGRAM: ACTlVITIES;FINDING' COMPl:IANCE
WITH THE OPEN MEETINGS 'LAW; AND PROVID~G AN, EFFECTIVE
DATE HEREOF. '
. . .'
WHEREAS, ,The Texas: Main: street, progr8m of the Texas' Historical' Cominissjojl has
, beeD: created. to ass~st small cities to develop a public/private efibrt to revitalize'their
"Main Street'" ~, and up: to five Texas cities of any population will be selected to '
participate in the Texas~ain Str~t Program in 2005, , ' '
0" . .-
NOW T)jEREFoRE'BE-rr RESOLvE]) BY TJ:IE CITY COUNCIL OF THE '
CITY OF 'LA PORTE: '
- ' ,
. . . . .
S~c:tion 1. ',' That, the' City 'of LaPpIte 'apply for selection' to paiticipate in the 2005
Main Street Program, with'the specific' goal of revitallziIlg the central business' district'
, within the cOnt~xt ofthepreservati~n aiui rehabilitation ,of its historic bui1~~s: '
Section 2. ' ,,', ~at the City of La Po~e, will provide an adequate' b~dget to empl~y a
fun.;time Mai~ street' ptognm manager 'for a minimum of three y~ and to provide
funds fo~ the ,training of the Main Street Program manager. ' " '
" ,Section 3. ,., That the'G1tr, Manage;r be designated t~ co~rdinate the p~glam acti~tie~.
, .'.
:' :, P~sed by the Ci~ Council'this 14th, d~~ of tune, 2'004.
, ' CITY LA PORTE
. .' . .
e;r;~dn1J.IlLU1/:. ......
, ,'MarthaA. ,Gi~lett': ","', ,:,"':', '" "
";;tlJ~_r~::: ..... ...... .
, Barty Beasley
Mayor Pro,: Tem
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. Knox W.' Asms
, City Attorney, .",',"
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
~W~
, -
Appropriation
Requested By: S. Gillett
Source of Funds: Airport Fund (010)
Department: Public Works
Account Number:
Report:
Resolution: XX Ordinance:
Amount Budgeted: ~R5,OOO
Exhibits:
Engineer's Cost Estimate
Amount Requested:
Exhibits:
Airoort Fund Summary
Budgeted Item: YES
Exhibits:
SUMMARY & RECOMMENDATION
On September 22, 2003, and amended January 26,2004, the City Council approved an agreement with
the Aviation Division of TexDOT to accept a grant offer totaling $450,000 for improvements at the La
Porte Municipal Airport. The City's matching share was $50,000. The scope of work was developed in
cooperation with the Airport Advisory Board, and presented to state officials on January 16,2004. The
projects identified include replacement of Runway/Taxiway lighting (underground wiring), fencing and
gate improvements (including motorized gates), and overlay and seal coating of taxiways and ramps.
The State selected a design consultant on July 15,2004, and work began on the design. It quickly became
apparent that the original estimated costs was inadequate, and the scope was reduced to replace lights and
rotating beacon only, which was recently estimated to cost $850,000, This was anticipated in the current
CIP budget, with a total of $85,000 budgeted as the City's 10% match.
TxDOT has indicated that additional funding may be available to complete the original scope of work,
and authorized the Engineer to prepare a new cost estimate (attached), totaling $1,573,600. Total
additional funds needed from the city are estimated at $157,360. Estimated fund balance of the Airport
Fund as of 9-30-05 is $305,982. TxDOT has requested the city to indicate if it could provide the
additional match before moving forward to try and secure additional funding. If additional funding is
found, a grant amendment will be presented to City Council for consideration.
Action Reauired bv Council: Provide direction to staff on potential additional funding from TxDOT for
improvements at the La Porte Municipal Airport.
Aoproved for City Council At!enda
De~~~~
II-:l-OL
Date
Frorn:BRANNON CORP. ,
.
903 597 3346
11101/.11 :24 #372 P .0031003
SUMMARY OF ENGINEER'S OPINION
OF TOTAL PROBABLE CONSTRUCTJON COST
DATE: Oc:taber 21. 2004
PROJECT POSSIBLE AIRPORT IMPROVEMENTS
La PD" Municipal Airport
La Porte, Te1lIIS
PREPARED BY:
TlIIIc No.
rand P ,E.
Ce&CIfplon
Amount
FedenlllSt8te
Salea
LacId
TOTAL PROBABLE CONSTRUCTION COST
S 1.573,800.00 $ 1.418.240.00 S 157,380.00
The ebove opInion at prabllble latal ",.4eQ COlt Is baed upon the Engtneer'. experi8nce end
quallflC8llOM taking into coneideration the...... of deIlgn and be&t information avaihIbIe.
The Engineer ".. no control ov.- the.CDIl elf. labor end mlIf8rlal&, c:tI8Ilpe In gavemmentat
puIicJ or over competlUve bIdcIIng and INIrkM ganditiOnt: tfterefan! ltle Engin8er does not
guarantM the IICCUl'Bcy tlIlIUCh opinions of plOblble 001t .. campenld lit the tlMI duign or
the Contrac:fm'a bid. In addition, no IlkManoe htI, bHn mede for the lime V81ue of It1Gney at
V8Iu8 of rnoMY II It ",-1", fa Itle PMaln;. of the subjed proJect. ,
FilA: saleS Tempol'Bnly In D4-402
Co./Depl
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City of La Porte
Airport Fund (010) Summary
Working Capital 9/30/03
367,874
Less Estimated 03-04 Expenditures
Less Estimated 03-04 CIP Commitments and Expenditures
37,453
16,673
50,000
Plus Estimated 03-04 Revenues
Equals Estimated Working Capital 9/30/04
338,654
);llus 04-05 Revenues:
Charges for Services
Interest Income
32,728
5,680
Total Revenues
38,408
Equals Total Resources
377,062
Less 04-05 Expenditures:
. Airport Operations
Airport Improvements (CIP)
Contingency
31,080
35,000
5,000
Total Expenses
71,080
305,982
Equa~s Estimated Working Capital 9/30/05
Revenues
Expenditures & Commitments
Estimated Fund Balance Usage.
Estimated
2003-04
37,453
16,673
20,780
Projected
2004-05
38,408
71 ,080
(32,672)
Targeted working capital- 9~ to 120 days
Estimated working capital-1,571 days
. -or
. MEETIN"G HAN"DOUTS"
" ,
~.
Closin~'
, '.
thank you to 'allthe dedicated volunteers whQ' Sh~ued their
me and .talents 10 bring this event to a s.uccessful. conclusion.
"ron:;on~~.;b.~j... .,
An~~r,~~n;s Last Fat~ol' Ranch
.... '.: . r ?'~i: 2, tIPuSl:l~n, -~ ex~s '
.I
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:00 pm
3:00 pm
POW.I MIA Presentation
ntroduction' of all
. .
Military. ~~a.n.~hes & O"9anizati~ns
:--
<e
Friday)/ov 19. 20lJ4 ':
9:00 am Welcome', '.
'. .' . . , <Opening>': Mayor Alton Porter
. Invocation . ", .... '
Pledge of Allegiance
Song. by: Rachel Escobar
. .. ~ .
~resentation o~ ColQrs '
. .
., . .
,'preseniatioh of Wreaths ..
, . ~
. . '.
t2004 ' " , ,
.Invocation . . .'... .
Pledge of AII~giance
Song by: Rachel Escobar
Every Day
6:00 am
10:00 pm
10:00 am
2:00 pm
9:
1,:00 ~~,
2004': .
Invocation. . .
Pledge of Allegiance
. Song by: Rachel Escobar
Presentation of Dignitaries ' .
.Can'CE!!lation StalTlp .by~a ~o~~.Pos~ Offic~. .
" .'." -;. .' : ..." .... '.' .', .... .... '". .
Hono~ :l:i:rid' kltrOd'u~ti6n;onhe Coinb~tants and'.Survi~prs'
SUMYOrs of the IA pRANG Valley (OCtober 196.5),,' ,,' .'
(~OVi~:& ~O():k) .We :were SO~d~e~ on~~ & YQuri.g"
Honor a~d' in~rOduce "Gold ,Star Mo~hers"
Reveille
Taps'
S~hedllle ~f'Ev~n~'
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N()v18~N6vi3i2.d6+
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S~lvan::I.?~a'chJ' La:'r o.r:~~' T exa~', . : :
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Location Panel I Line
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53W 135
4'!N 162
IOW/12
3'!N17
16E 175
18W/94
15E/38
2lE/104
14E/86
32E 145
18E 1103
23W/104
6E/52
4SE 153
8W/4
25E/31
16W/26
7W/127
28E 164
20E 182
SEll
18W/31
14W/l06
1'!N121
lW/S2
13W 133
17E/l11
31E 175
S4E 125
24E 136
14E 129
S2E 142
6E/93
8E 177
22E 190
7E/31
23E/16
29W 168
7W 179
29W 189
4W/43
12W
10
9E/Sl
S3W 120
27W 121
27E 1106
14W/71
3E/58
SSE 119
33E 169
SW/126
44E 149
8W/80
37W/4
2SE 137
4W 197
ESloici"'ly Ihose '.omlhe Bay Area. NOTE: Names are tisled by Ihe eily shown in Ihe VIETNAM VETERANS MEMORIAL. DIRECTORY OF NAMES.
Dale of Casualty
07 Jul68
02 Ocl 68
10 May 70
02 Nov 68
13 Mar 67
16Sep69
16 Feb 67
lSJun 67
27 Jan 67
22 Dee 67
27 Apr 67
07 Jun 69
26 Mar 66
22 Mar 68
09 Jul70
22 Aug 67
04 Nov 69
12 Ocl70
25 Ocl67
22 May 67
04 Feb 66
04 Sep 69
06 Feb 70
19 Mar 70
04 Jul72
19Feb 70
06Apr 67
10 Dee 67
03 May 68
29 Jul67
14 Jan 67
28 Apr 68
03 Apr 66
22 Jun 66
30Jun 67
05 May 66
OSJul67
18 Mar 69
20 Sep 70
20 Mar 69
13 Mar 71
16 Mar 70
21 Jul66
05 Jul68
05 Apr 69
14 Ocl67
27 Jan 70
15 Nov65
05 May 68
07 Jan 68
20 Feb 71
14 Mar 68
03 Aug 70
29 Nov 68
24 Aug 67
31 Mar 71
City
Highlands
Jacinto CHy
Kemah
League CHy
La Matque
La Porte
Pasadena
Pea1Iand
'Port Bolivar
San Leon
Seabrook
South Houston
Texas CHy
Winne
Branch
USA
USMC
USA
USA
USN
USA
USA
USA
USMC
USA
USA
USAF
USMC
USAF
USA
USA
USA
USA
USA
USA
USA
USA
USA
USAF
USA
USA
USMC
USN
USA
USN
USMC
USA
USMC
USAF
USMC
USA
USMC
USA
USA
USA
USA
USN
USMC
USMC
USMC
USMC
USA
USA
USA
USA
USA
USA
USA
USMC
USMC
USA
Name
Goodman. J. A.
Killren. LD.
HolI,R.W.
Canales, R.
Williams. R. L
Floyd, J. M.
Balson, M. O.
Enman, D. J.
Flen1ing. S. W.
Horton, H. W. Jr.
lightfool, B.
Loftis. J. C.
Will J. W. Jr.
Baker, K. E. Jr.
Philips. R. L
PlaU,B.W.
Alford. T. L (MIA:
Baker, R. B. Jr.
Bonin, A. J.
Caldwell, M. F.
Carter, A. W.
Connevey. LH.
Culver, W. R.
Greenwood, J. W.
Hamillon. R. D.
Hardin, J. R.
Holchkiss, L C. III
Howard, B. L
Jablonsky,E. A. Jr.
McNelis, F. C. Jr.
Nicholas. P. R. Jr.
Page. E. D.
Radford, G. M.
Smith, W. P. (MIA:
Sparks, J. H.
SIoU, G. L
Weslerfield, F. B.
Fernandez, M.
Pena, J. Jr.
Kahla, V. D. Jr.
Cleaveland, M. R.
Schaefer. J. S.
French, D. R.
Hopkins, G. W.
Reynolds, L A.
Bice, Q M.
Graig. W. P.
Herringlon, C. E.
Hilhnan. R. A.
Hood.R.
McCarty, G. W.
Medley. J. R.
Spencer, R. D.
Steinbach, T. R.
Comeaux, J. B.
ParneD, B. R.
Rale I Rank
SSGT
PFC
PFC
SP4
BUR2
SP4
PFC
SP4
LCPl
2LT
PFC
A1C
lCPl
AIC
SP4
SGT'
wo
SGT
SGT
PFC
SGT
lLT
PVT
TSGT
SP4
SP4
PFC
HMJ
CAPT
A02
PFC
SP6
PFC
lTCOl
lCPt.
SP4
2lT
SFC
SFC
SGT
PFC
ATN
lCPl
CPt.
PFC
CPt.
SP4
SGT
CPt.
PFC
SGT
SP4
SGT
lCPl
CPt.
CPt.
'(ill" I t<dllk Nallle Branch I City Dale of Casualty Location Panel I Line
Akin
PFC 1l1U1V1I. D. G USMC 21Apr67 18E/56
PFC Dixon, W. A. Jr. USMC 29 May 67 21E 111
CPl Fracione. F. R. USA 31 Dee 70 5W/19
PFC Kin9. C. M. USMC 19 May 68 63E 112
AnaIl1ac
CPt. Humphrey. C. E. USMC 02 Jul67 22E/104
Bac/iN
PFC PaIlgeu. D. L USA 06Jan 69 35W 144
2LT Ba)iown
Carter, J. D. Jr. USMC 07 Jun 67 21E/65
SSGT Drynan, A. W. USA 08 Jun 66 8E/20
CAPT Fisher. R. C. Jr. USA 04 Nov 65 3E/17
PFC Hale. R. L USA 09 Nov 67 29E 160
PFC Humphrey. V. J. USA 06 May 68 56E/9
CPL Kilgore, C. H. USA 02 0cI67 27E I 39
SP4 Pena, D. Jr. USA 03 Feb 68 37E/16
PFC Roberts, T. C. USA 31 Dee 70 SW/18
PFC Sinvnons, J. A. USA 25 OcI66 l1E/lDS
PFC Smelser. R. W. USA 08 Mar 69 3OW/81
SP4 Sonnier, A. W. USA lSNov65 3E/62
SP4 Spangler, G. O. USA 19 May 68 63E/18
SP4 Tameyoza, N. USA 02 Nov 68 3'!N/l0
SGT Wilder. R. F. USA 21 Jul69 20W 133
Channelliew
lCPL Brown, B. E. USMC 31 Jul67 24E 154
PFC Lindsey, W. R. USMC 25 May 68 68W/S
CPt. Bryan., A. G. USMC 01 Jan 68 33E/ll
IlT Manning, J. E. USMC JOJan 68 35E 175
Deer Parle
SSGT King. J.L USA 10Apr71 4W/116
CPt. Mareck, R. D. USA 07 May 70 I1W/127
SP4 Meredil!1, C. P. USA 13Jan 70 14W/JO
Di:kinson
SSGT Flagg, A. O. USMC 23 Nav 66 12E/112
FriendSlflOOd
CN Roach, J. F. USN 05 Mar 70 13W/86
Gatlna Park
PFC Goodwin, C. R. USA 21 Mar 67 17E/2
SPS Johnson, R. L USA 25 Mar 68 46E 118
LCPl SpiDer. L111 USMC 29Aug 67 2SE 166
Galieslon
lCPl Beran, F. H. III USMC 20 May 67 2OE/54
lCPt. Boolh, J. B. USMC 20Aug 67 25E 146
CAPT Bovio, R. S. USA 27 Feb 70 13W/61
CAPT C1emenl G. C. USA 23 Feb 67 lSE 178
SGT Cole. C. Jr. USMC 20 Nov 68 38W/IS
PFC D'Agrella, M. L USMC OS Ocl 69 17W/40
CPl GaDardo, A. USMC 24 Apr 67 18E 179
PFC Garcia, R. USMC JOJan 67 14E/97
LPCL Haney, P.E. USMC 10 May 68 S8E/8
MAJ Keeler. H. B. USAF JOJun 69 33W 120
2\.T Kempner, M. L USMC 11 Nov 66 12E/SS
PFC Kimling. M. W. USMC 05 Mar 68 43E/8
SP4 Ue.J.C.1I USA 24 Feb 66 SE 173
SP6 Limbrick. A. I. USA 22 Dee 68 36W 164
SGT Martinez, S. R. Jr. USA 08 Mar 68 30W 178
SGT Muller, W. Jr. USMC 12Aug 66 9E/131
CPl Najar. A. S. Jr. USA 24 Feb 68 41E/12
A1C Nance, R. A. USAF 25 Oc.66 llE 1105
SP4 O'Hara, J. P. USA 05 0cI 68 41W/ll
IlT Pale. M. D. USA 31Oc.68 40W 166
PFC Pills, R. A USA 27 May 69 23W/2
lCPl Ramos, F. R. Jr. USMC 21 Aug 66 lOE/2S
PFC ' Sereni, R. USA 09 Jan 70 14W 120
PFC Silvee, H. W. USMC 01 Aug 65 2E 147
CPt. Sleller, N. W. Jr. USMC 08 Mar 69 3OW/81
PFC Torreros, J. ' . USMC 18 Mar 69 2'!N174
SGT T ylor, LJ. USA 08 Aug 68 49W 134
SGT Valusek. D. W. USA 08 Jan 70 9W/31
SP4 Winlers, J. L USA 19Jun 67 22E 122
PFC Woodcock, M. K. USA 12 Dee 70 6W/1l8
The purpose 01 bringinglhe waD is 10 honor Ihe men and women who ploudly served and gave Iheir all in VICinal