HomeMy WebLinkAbout2005-12-12 Regular Meeting and Public Hearing
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CONSENT AGENDA
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MINUTES OF REGULAR MEETING AND PUBLIC HEARING
OF THE LA PORTE CITY COUNCIL
December 12, 2005
1. CALL TO ORDER
The meeting was called to order by Mayor Alton Porter at 7:02 p.m.
Members of City Council Present: Mayor Alton Porter, Council members Chuck Engelken, Tommy Moser, Barry
Beasley, Mike Mosteit, Louis Rigby, Mike Clausen and Howard Ebow.
Members of Council Absent: Peter Griffiths
Members of City Executive Staff and City Employees Present: City Manager Debra Feazelle, Assistant City
Manager Cynthia Alexander, Assistant Finance Director Michael Dolby, Fire Chief Mike Boaze, Assistant City
Manager John Joerns, Assistant City Attorney Clark Askins, City Secretary Martha Gillett, Public Works Director
Steve Gillett, Director of Planning Wayne Sabo, Emergency Services Coordinator Jeff Suggs, Assistant Fire Chief
John Dunham, Police Chief Richard Reff, Human Resources Manager Robert Swanagan, Building Official
Debbie Wilmore, Administrative Secretary Susan Felty, MIS Manager Al Owens, Parks Maintenance Supervisor
Randy Cernosek, Purchasing Manager Susan Kelley, GIS Manager Brian Sterling, President La Porte Police
Officer's Association Matt Novosad and EMS Chief Ray Nolen.
Others Present: Sue Gail Kooken, Tyler Goodrich, Dustin Kempf, JeffChoates, Christina Weeks, Zach Blood,
Luis Sanchez, Lucas Tackett, Rob Burchfield, Sean Mooney, Dustin Aaron, Jacqueline Carmona, Javier
Carmona, Mr. And Mrs. John Blakemore, Doug Wilson, Carson Jones, Jorge Reynaga, Jim Bridge, Colleen
Hicks, Barbara Norwine, Sarah Lindeen, Michael Tremaine, Chris Linden, Sharon Tremaine, John Tremaine,
Milad Elias, Karen Rigby and other citizens.
2. Reverend Alan Neel of La Porte Community Church delivered the Invocation.
3. Mayor Porter led the Pledge of Allegiance.
4. PRESENTATIONS / PROCLAMATIONS
Recognition of relief efforts for Hurricane Katrina and Rita
5. Consent Agenda
A. Consider approving Minutes of the Regular Meeting and Workshop Meeting of City Council held
on November 14,2005.
B. Council to consider approval or other action regarding an ordinance authorizing the execution by the City
of La Porte of an Industrial District Agreement with Akzo Nobel Polymer Chemicals Inc. and an
ordinance authorizing the execution by the City of La Porte of an Industrial Agreement with Albemarle
Catalysts Company, LP.
C. Council to consider approval or other action regarding an ordinance to vacate, abandon, and close the
alleys in Blocks 1218 and 1255, Harris County, Town of La Porte.
D. Council to consider approval or other action regarding an ordinance authorizing the City Manager to sign
sub-recipient agreements to receive grant funds from the Governor's Division of Emergency
Management.
E. Council to consider approval or other action authorizing the expenditure ofDASI 05 grant funds in the
amount of$471,494.41 to Motorola for purchase of800 MHz Radio System.
City Council Regular and Public Hearing Meeting - December 12, 2005
Page 2
F. Council to consider approval or other action regarding purchasing of 115,836 pounds of 1.5 mil, 30 gallon
plastic garbage bags from Dyna Park, Inc. in the amount of $492,552.96.
G. Council to consider approval of other action regarding awarding bid for replacement vehicles Item 1 to
Philpott Ford in the amount of$148,064.00 and Items 2, 3 and 4 to Columbus Country Ford in the
amount of$69,117.00. See correction on this item noted below.
H. Council to consider approval or other action regarding awarding bid for replacement vehicles for
Emergency Vehicle for Item 5 to Philpott Ford in the amount of $22,994.
I. Council to consider approval or other action regarding a resolution amending authorized representatives
responsible for investment funds.
J. Council to consider approval or other action regarding an ordinance authorizing the $2,625,000 Public
Property Finance Contractual Obligation, Series 2006 with Wachovia Bank.
K. Council to consider approval or other action regarding an ordinance authorizing amending the zoning
permit fee and commercial solid waste fee.
L. Council to consider approval or other action regarding utilization of interlocal agreement and expenditure
of computer funds through State of Texas Department oflnformation Resources.
M. Council to consider approval or other action regarding an ordinance ratifying the reappointment of Mr.
Pfeiffer by Harris County.
Items H, I, K, L, and J were pulled for discussion. Item G agenda request was corrected to read as follows:
G. Action Required by Council- Award bid for Item 1 to Philpott Ford, item 2 to Columbus Country Ford
and items 3 and 4 to Caldwell Country.
Motion was made by Council member Rigby to approve the consent agenda as presented with the correction
to item G. Second by Council member Moser.
Motion carried.
Ayes: Mosteit, Engelken, Moser, Beasley, Ebow, Rigby, Clausen and Mayor Porter.
Nays: None
Abstain: None
6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING
TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE AGENDA.
Barbara Norwine - 202 South Lobit - Ms. Norwine addressed the City Council with regards to concerns with City
Ordinances. Attached hereto is a copy of the letter she read to Council and sent to the Editor of the Bayshore Sun.
7. Public Hearing - Discuss recommendation for approval by Planning & Zoning to approve Special Conditional
Use Permit #SCU 05-007 for a 65 acre tract out of +/- 207 acres of land located along Old Underwood Road south
of state highway 225 and Union Pacific Railroad.
Open Public Hearing - Mayor Porter opened the Public Hearing at 7:30 p.m.
Review by Staff - Director of Planning and Community Development Wayne Sabo provided an overview.
Public Input - None
City Council Regular and Public Hearing Meeting - December 12, 2005
Page 3
Recommendation of Planning and Zoning - Unanimously, the Planning and Zoning Commission recommended
City Council consider approval of Special Conditional Use Permit #SCU 05-007 for a 65 acre tract out of +/- 207
acres of land located along Old Underwood Road south of state highway 225 and Union Pacific Railroad.
The Public Hearing was closed at 7:35 p.m.
8. Council to consider approval or other action regarding Ordinance 1501- V 4 & SCU 05~007
Assistant City Attorney Clark Askins read: ORDINANCE 1501~V4~ AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED
TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING A SPECIAL
CONDITIONAL USE PERMIT #SCU05-007 FOR THAT CERTAIN PARCEL OF LAND DESCRIBED AS
FOLLOWS, TO-WIT: 65 ACRE TRACT OUT OF +/~ 207 ACRES OF LAND (ALONG OLD UNDERWOOD
ROAD SOUTH OF STATE HIGHWAY 225 AND UPRR) IN THE ENOCH BRINSON SURVEY,
ABSTRACT-5, LA PORTE, HARRIS COUNTY, TEXAS FOR THE PURPOSE OF DEVELOPING BUSINESS
PARK PHASE II OF THE PROJECT IN A PLANNED UNIT DEVELOPMENT (PUD) ZONE; MAKING
CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Council member Beasley to approve Ordinance 1501-V4 as presented by Mr. Sabo. Second
by Council member Mosteit. The motion carried.
Ayes: Mosteit, Engelken, Moser, Beasley, Ebow, Rigby, Clausen and Mayor Porter.
Nays: None
Abstain: None
9. Public Hearing - Discuss recommendation by Planning & Zoning to approve Special Conditional Use Permit
#SCU 05-008 for a 28.5 acre tract out of +/- 107 acres ofland located at the southeast comer of McCabe Road
and State Highway 146.
Open Public Hearing - Mayor Porter opened the Public Hearing at 7:36 p.m.
Review by Staff - Director of Planning and Community Development Wayne Sabo provided an overview
Public Input - None
Recommendation of Planning and Zoning - Unanimously, the Planning and Zoning Commission recommended
City Council consider approval of Special Conditional Use Permit #SCU 05-008 for a 28.5 acre tract out of 107
acres ofland located at the southeast comer of McCabe Road and State Highway 146.
The Public Hearing was closed at 7:39 p.m.
10. Council to consider approval or other action regarding Ordinance 1501-W4 & SCU 05-008
Director of Planning and Community Development Wayne Sabo presented summary and recommendation and
answered Council's questions.
Assistant City Attorney Clark Askins read: ORDINANCE 1501- W 4 AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED
TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING A SPECIAL
CONDITIONAL USE PERMIT #SCU05-008(AMENDING #SCU-05-004) FOR THAT CERTAIN PARCEL
OF LAND DESCRIBED AS FOLLOWS, TO-WIT: BEING +/- 107 ACRE TRACT OF LAND INCLUDING
28.5 ACRES IN THE 1200 BLOCK OF MCCABE ROAD, AS TRS 8, 8A, 5F, 5F-l, 49, 49A, & 9B, ALONG
City Council Regular and Public Hearing Meeting - December 12, 2005
Page 4
WITH 78.652 ACRES AS NATURE PRESERVE IN THE W.P. HARRIS SURVEY, ABSTRACT 30, LA
PORTE, HARRIS COUNTY, TEXAS, FOR THE PURPOSE OF DEVELOPING SINGLE F AMIL Y, TOWN
HOMES, MUL TI-F AMIL Y AND COMMERCIALlRET AIL, IN A PLANNED UNIT DEVELOPMENT (PUD)
ZONE; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF;
Motion was made by Council member Rigby to approve Ordinance 1501-W4 as presented by Mr. Sabo.. Second
by Council member Ebow. The motion carried. Ordinance 1501-W4 was approved.
Ayes: Mosteit, Engelken, Moser, Beasley, Ebow, Rigby, Clausen and Mayor Porter
Nays: None
Abstain: None
11. Council to consider approval or other action regarding an ordinance authorizing the City Manager to
execute a contract with Claunch & Miller for professional services associated with the completion of
City's Utility Mapping Program.
Director of Planning and Community Development Wayne Sabo presented summary and recommendation
and answered Council's questions.
Assistant City Attorney Clark Askins read ORDINANCE 2859- AN ORDINANCE APPROVING AND
AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND CLAUNCH &
MILLER, INC. FOR PROVIDING PROFESSIONAL SERVICES FOR THE CITY'S UTILITY
MAPPING PROGRAM; APPROPRIATING AN AMOUNT NOT TO EXCEED $60,000 TO FUND
SAID CONTRACT; MAKING VARIOUS FINDING S AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF
Motion was made by Councilmember Clausen to approve Ordinance 2859 as presented by Mr. Sabo.
Second by Council member Engelken. The motion carried unanimously.
Ayes: Engelken, Moser, Clausen, Mosteit, Rigby, Ebow, Beasley and Porter
Nays: None
Abstain: None
12. Council to consider approval or other action regarding an ordinance to vacate, abandon, and close the
Bellaire Avenue Right-of-Way, within the Bayshore Park Addition to the City of La Porte.
Director of Planning and Community Development Wayne Sabo presented summary and recommendation
and answered Council's questions.
Assistant City Attorney Clark Askins read ORDINANCE 2860- AN ORDINANCE VACATING,
ABANDING AND CLOSING THE BELLAIRE AVENUE RIGHT-OF-WAY, BAYSHORE PARK
ADDITION TO THE CITY OF LA PORTE, HARRIS COUNTY, TEXAS; RETAINING A
WATERLINE EASEMENT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF
Motion was made by Councilmember Engelken to approve Ordinance 2860 as presented by Mr. Sabo.
Second by Council member Ebow. The motion carried unanimously.
City Council Regular and Public Hearing Meeting - December 12, 2005
Page 5
Ayes: Engelken, Moser, Clausen, Mosteit, Rigby, Ebow, Beasley and Porter
Nays: None
Abstain: None
13. Council to consider approval or other action regarding a resolution to ratify the Emergency Pay Policy,
retroactive to effective date of 9/21/2005.
Human Resources Manager Robert Swanagan presented summary and recommendation and answered
Council's questions.
Assistant City Attorney Clark Askins read ORDINANCE 2684A- AN ORDINANCE ADOPTING
THE CITY OF LA PORTE EMPLOYEE POLICIES HANDBOOK DATED SEPTEMBER 21,2005,
PROVIDING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Council noted concerns with the policy and would like to bring in back to the January meeting as a
workshop item for further review and discussion.
Motion was made by Councilmember Beasley to approve Ordinance 2684A as presented by Mr.
Swanagan and bring back as a workshop item in the future. Second by Council member Ebow. The
motion carried.
Ayes: Engelken, Moser, Clausen, Ebow , Beasley and Porter
Nays: Rigby and Moser.
Abstain: None
14. Administrative Reports
City Manager Debra Feazelle provided report on Christmas on Main Street, reminded council of the Fire
Department Christmas Party on December 21, 2005 at Sylvan Beach Pavilion at 6:00 p.m., City Hall Offices will
be closed on December 23rd and December 26th in observance of Christmas Holiday and City Hall Offices will be
closed January 2, 2005 in observance of New Year's Holiday.
In addition, she informed Council the 2006 Tree Planting, coordinated by the Quality of Life Task Force has been
rescheduled on Saturday, February 18,2006. She informed them of Sylvia Garcia's improvements to the
Lynchburg Crossing area and draft report on the Stars Project.
Lastly, she reported the Holiday Party for employees held last Friday evening was a huge success and the
attendance was much larger than in previous years.
15. Council Comments
Ebow, Engelken, Mosteit, Clausen, Rigby, Moser, Beasley and Mayor Porter had comments.
16. 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 GIFT OR DONATION, PERSONNEL MATTERS, DELIBERATION REGARDING
SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER
WITNESS IN AN INVESTIGATION, DELIBERATION REGARDING ECONOMIC DEVELOPMENT
NEGOTIATIONS)
City Council Regular and Public Hearing Meeting - December 12, 2005
Page 6
551.071- PENDING OR CONTEMPLATED LITIGATION - DISCUSS POTENTIAL LEGAL MATTER WITH CITY ATTORNEY AND CITY
MANAGER
A. ZONING - ENFORCEMENT ISSUES - W. Sabo
B. PLANNING ISSUE - GARFIELD VS. CITY OF LA PORTE - W. Sabo
C. PLANNING ISSUE - COLVIN TRUST - W. Sabo
D. 551.087 - ECONOMIC DEVELOPMENT - DISCUSS PROJECT V WITH CITY ATTORNEY AND CITY MANAGER- J. Joerns
Council retired to Executive Session at 8:34 p.m.
17. There was no action taken during Executive Session
Council returned to the table at 9:22 p.rn.
18. There being no further business to come before Council, the Regular Meeting and Public Hearing was duly
adjourned at 9:23 p.m.
Respectfully submitted,
Y!l~~4Lf
City Secretary
Passed and approved on this 9th day of January 2005
~~~
Mayor Alton E.Porter
For those of you new to this page,
each year I offer some suggestions
as to what gifts you, the giver, might
want want to get for me, the worthy
recipient. Bear in mind these are just
suggestions. If you've already
braved the malls or sent your credit
card number in to E-Bay, no prob-
lem. I'm simply trying to help those
who are still searching for that
perfect gift -- for me.
Let me say right up front that I've
heeded your not-so-subtle admoni-
snItty ana not DUY mem lOT lilt:.
Howev~r, I've decided to change
the playing field a little. No longer
am I making suggestions straight
from the Neiman Marcus catalog or
the Robb Report gift list. As I grow
in sophistication, I broaden my
scope. So we'll look at a few
alternative opportunities, starting
with a company known as Frontgate
(for convenience, you can go to
frontgate.com).
Please note that I skipped right
un; LIlli.!; 1.3 .1.l.lV.l"-' UJ.U.U "1.'-'".1. ...""...... ..............
and exquisite in every sense of the
word." I'm not sure the term
"exquisite" would fit anything we
might have to put into this armoire,
no matter what height it might be, so
I'll pass.
Before we leave the Gifts For Her
category, if you're looking for a
change of direction in your life,
searching for a new companion but
not sure how to let your current
squeeze down gently, I've got a
Dear Editor:
I have felt for a long time that
some of the city ordinances are so
unnecessary and just cost citizens
more money.
All I want to do is build a wash-
room between the house and the
garage, and suddenly it's an act of
Congress. I have to have a survey
done, so I call the only surveyor in
town and he wants to charge me
$1,000. No way am I going to pay
that, so I called and got three other
prices of between $300 and $500,
but when they find out it's in La
Porte they don't show up. So, I don't
have a washroom. It's ridiculous.
Now, after talking to some people,
I also feel it is used for citizens to
get to other citizens. When I was on
the Board of Adjustments we had a
man come before us and ask that he
be able to keep the room he had
built on his house for his family that
had moved in. Well, we had to turn
him down because it didn't meet the
criteria needed to be allowed to be
there. The reason it was turned into
the city was because a neighbor had
a gripe with him because of cars in
the street. It just broke my heart to
have to turn him down, but I didn't
have any choice. The city would not
have known anything about it but
for the upset neighbor.
I understand the city is trying to
A Giant Of
The Nano- World
Under the nurturing gaze of his
mother, he peered through the
eyepiece of a microscope and saw a
whole universe: paramecia, diatoms,
and amoebas -- the various single-
celled organisms they had collected
together in a nearby pond.
To most of us, the many creatures
he found in just a drop of water
would be too small to notice, too
insignificant to make us pause and
consider them further. But, for Dr.
Smalley, microscopic things held
gigantic possibilities. Those pond
creatures were actually among the
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condemn a house that belongs to an
elderly couple that had to move in
with their son for awhile because of
serious health problems. My under-
standing is a neighbor called in
about it because he didn't like a bad
looking house near his' beautiful
home. This neighbor has also been
turned in because of numerous
exotic animals, and he still has these
animals.
I am ashamed that this town is
turning against this lovely couple
couple that is elderly, ill and on a
fixed income. We should be helping
them, not hurting them even more.
Before this started against this
couple, I believe in July there was a
house on East Main that was on the
list to be addressed as in need of
being torn down. But this house
belongs to a prominent family in La
Porte. So my question is, are you
moving as aggressively on that
house?
.A lady called me the other day
concerned about a particular deci-
sion. It seems she owns property
that someone wants to buy, so he
called the city and complained
about trash in her fenced-in back-
yard, thinking she couldn't get it
cleaned up in time -- or just to
harass her.
It appears you can do anything
with your property as long as you
don't tick someone off, because if
CAPITOL
COMMENT
you do, then the city will jump. This
is not fair and not right. I really
think the city ordinances should be
reviewed and made to be less of a
hardship on the citizens.
If the city wants a survey, then the
city should get it done. I would
wager you could contract with
someone and get it done for a lot
less than we can.
If I may, it was just brought to my
attention a few days ago: A friend of
mine called about her 95-year-old
grandmother who had fallen and cut
her eyelid. She could not get ahold
of her family, so she called 911. The
ambulance was dispatched and they
took her to the hospital for stiches.
She got a $900 bill from the city.
I asked our EMS service what
their base rate is, and depending on
the call, it's about $788. In checking
around I got a variety of prices,
mostly between $300 and $500 for
the base rate. I can't imagine what
the bill would be if it was something
serious, with all of the add-ons. I
feel this base rate is extremely high.
Barbara Norwine
(Editor's Note: Since Mrs.
Norwine asks a number of ques-
tions in her letter, we have asked
Wayne Sabo, the City of La Porte
planning director, to address each
one and give us a reply.)
u.s~ S:ENATOR
nY' BAILEY HUTCHISON
hard sciences. He was a very gener-
ous man. Rather than seeking to
maximize the profits he might have
rn!:tlA~ non 'h;~ nAn1 ...1ic:onn.UO""';l hA 'I"'I.....n._
doctors, scientists, and engineers
who are recognized as leaders
through membership in the national
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440 POUD(
levers and
time-consu
you believe
Anywa:
subject at ]
really got
Watchwind
As unimagl
this baby
turns-per-d.
tion." It's y
$849. The
have to als
that need
prefer, go tc
battery for
got, Mr. Tig
Here 1
Foldaway ]
$149, and I
to the sales
box from thl
Actually, as
be able to dl
just skip tI
relegated m
closet bent
living room
reach the tOJ
Oh, my g(
the page an
You can gel
hardwood l
supple leatl1
$3,000." Th;
my friends '
B
REQUEST FOR CITY COUNCIL AGENDA ITEM
Requested By: C nthia B. Alexander
Appropriation
Agenda Date Requested: Janua
Source of Funds: N/A
Department: Finance
Account Number: N/A
Report:
Resolution:
Ordinance:
xx
Amount Budgeted: N/A
Exhibits: Ordinance 2005-2836-A
Amount Requested: N/A
Exhibits: Explanations
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
The City Council adopted the Fiscal Year 2005-06 Budget on August 22,2005.
The Summary of Funds, which is shown below, represents the amendments which council previously approved to
the FY 2005-06 Budget. (*denotes funds with current changes)
Previously Proposed
Original Budget Amended Budget Amended Budget
General Fund $25,987,077 $25,987,077 $25,987,077
Grant Fund 2,793,931 2,793,931 2,795,782 *
HoteVMotel Occupancy Tax 334,280 334,280 334,280
Community Investment 190,000 190,000 190,000
La Porte Development Corporation 740,060 740,060 740,060
Tax Increment Reinvestment Zone 36,000 36,000 36,000
Utility 6,774,071 6,774,071 6,774,071
Sylvan Beach 208,683 208,683 208,683
Airport 241,443 241,443 241,443
La Porte Area Water Authority 1,693,956 1,693,956 1,693,956
Golf Course 1,240,740 1,240,740 1,240,740
Motor Pool 1,661,304 1,661,304 1,676,304 *
Insurance Fund 4,017,103 4,017,103 4,017,103
Technology Fund 956,611 956,611 956,611
General Capital Improvement 433,500 433,500 433,500
Utility Capital Improvement 715,000 715,000 715,000
Sewer Rehabilitation Capital Improvement 330,000 330,000 330,000
Infrastructure Fund 705,000 705,000 705,000
1998 General Obligation Bond Fund 1,207,639 1,207,639 1,207,639
2000 General Obligation Bond Fund 1,160,000 1,160,000 1,160,000
2002 General Obligation Bond Fund 732,789 732,789 732,789
2004 Certificate of Obligation Bond Fund 10,000 10,000 10,000
2005 General Obligation Bond Fund 7,700,000 7,700,000 7,700,000
2005 Certificate of Obligation Bond Fund 1,800,000 1,800,000 1,800,000
General Debt Service 2,190,671 2,190,671 2,190,671
Utility Debt Service 381,712 381,712 381,712
La Porte Area Water Authority Debt Service 771,719 771,719 771,719
Total of All Funds $ 65,013,289 $ 65,013,289 $ 65,030,140
Action Required bv Council:
Adopt Ordinance Amending Fiscal Year 2005-06 Budget for the upgrade of the replacement of the 1/2 ton pickup to
a 1 ton pickup in the Parks Department and for the EMS Southeast Texas Trauma Regional Advisory Council grant
award in excess of budgeted amount.
Approved for City Council Ae:enda
De~~U~i~2~;i Y-~/
) - '-f -lJp
Date
ORDINANCE NO. 2005-2836-A
AN ORDINANCE APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF LA PORTE, TEXAS,
FOR THE PERIOD OF OCTOBER 1, 2005 THROUGH SEPTEMBER 30,2006; FINDING THAT ALL
THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT
OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
WHEREAS, the Charter of the City of La Porte, Texas, and the Statutes of the State of Texas, require that
an annual budget be prepared and presented to the City Council of the City of La Porte, Texas, prior to the
beginning of the fiscal year of said City, and that a public hearing be held prior to the adoption of said
Budget; and
WHEREAS, the Budget for the fiscal year October 1, 2005, through September 30, 2006, has heretofore
been presented to the City Council and due deliberation had thereon, was filed in the office of the City
Secretary on July 25, 2005, and a public hearing scheduled for August 22, 2005 was duly advertised and
held.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
SECTION 1: That the Budget for the City of La Porte, Texas, now before the said City Council for
consideration, a complete copy of which is on file with the City Secretary and attached hereto by reference
as Exhibit "A", is hereby amended as the Budget for the said City of La Porte, Texas, for the period of
October 1,2005, through September 30,2006.
SECTION 2: Be it FURTHER ORDAINED, that the said City Council finds that all things requisite and
necessary to the adoption of said Budget have been performed as required by charter or statute.
SECTION 3: The City Council officially finds, determines, recites and declares that a sufficient written
notice of the date, hour, place and subject of this meeting of the City Council was posted at a place
convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has
been open to the public as required by law at all times during which this Ordinance and the subject matter
thereof has been discussed, considered and formally acted upon. The City Council further ratifies,
approves and confirms such written notice and the contents and posting thereof.
SECTION 4: This Ordinance shall be in effect from and after its passage and approval.
PASSED AND APPROVED this the 9th day of January, 2006.
C5jYhST:
~~~d
Martha Gillett, City Secretary
CITY OF LA PORTE, TEXAS
~~~~
Alton Porter, Mayor
A~wd
Knox Askins, City Attorney
SOUTHEAST TEXAS TRAUMA REGIONAL ADVISORY COUNCIL
James H. Duke, M.D.
Darrell L. Pile
Thelma Lemley, R.N.
Trauma Service Area Q
SETTRAC
Chairman:
Vice Chairman:
Vice Chairman:
Secretary-Treasurer: Allen D. Johnson, MP A
Member at Large: David E. Persse, M.D.
SouthEast Texas Trauma
Regional Advisory Council
TSA-Q: Austin, Colorado, Fort Bend, Harris, Matagorda, Montgomery, Walker, Waller, and Wharton Counties
November 27,2005
Ray Nolen
La Porte EMS
12201 North C Street
La Porte, TX 77571
Dear Ray:
The funds have been received for the 2nd distribution of the county Fiscal Year 2005-2006
Emergency Medical Services, Trauma Facilities, & Trauma Care System (EMS) and Designated
Trauma Facility and Emergency Medical Services (Trauma) Funds. As in the past the funds will
be disbursed on a reimbursement basis.
Enclosed are "Report of Expenditures" forms for each fund. Please complete the forms and
submit them, along with receipt(s), to me at your earliest convenience. If funds are used for
training you must also submit the enclosed Advanced Training Authorization form. You may
either mail or fax the forme s) and receipt( s). A check for reimbursement will be issued within
two (2) weeks after receipt of the docUIilentation.
Please remember that all funds must be expended. or purchase orders issued. between the dates
on each form. All education/training paid for must be completed no later than the respective
contract expiration dates.
NOTE: There will be numerous distributions of funds in this and future years so please pay
careful attention to the notification regarding each distribution. To reduce confusion we
will complete the distribution of each fund before sending notice of the next distribution.
Please expend these funds and submit the report and receipts by noon, January 26, 2006.
If you have any questions please contact me.
David Rives, M.S.
Executive Director
Enclosures
SETTRAC * 2260 West Holcombe Blvd., Box 221 * Houston, TX 77030
David Rives: 713-704-6816 * Mamie Krause: 713-704-3972 * Fax: 713-704-6841
EMS PROVIDER
REPORT OF EXPENDITURES FY 05-06
COUNTY of LICENSURE: Harris
COUNTY OF OPERATION: Harris
Name of EMS Provider: La Porte EMS
Name of EMS Administrator (print):
Re: Utilization of Funds Received from the Emergency Medical Services, Trauma Facilities, &
Trauma Care System Fund (2)
Total Amount of Allocation this Provider Received: $2.159.58
Purchases/expenditures during period December 1,2004 - August 31,2006
COPIES OF RECEIPTS ARE REQUIRED
Supplies:
Item:
Cost: $
Cost: $
Cost: $
Cost: $
Item:
Item:
Item:
Education & Training: Course:
# Persons Trained:
Date:
Cost: $
Equipment: Type:
Type:
Type:
Cost: $
Cost: $
Cost: $
Vehides: Type:
Type:
Cost: $
Cost: $
Communications Equipment:
Type:
Type:
Cost: $
Cost: $
Other Operational Expenditures:
Anticipated Expenditures through August 31, 2006, if any:
Total Costs: $
*Please prioritize and list anticipated needs for FY 2007 (9/1/06 - 8/31/07):
*Please prioritize and list anticipated long-term system development needs:
Name of person completing report (print):
Title:
RAe Authorized Signature:
Name (print): David Rives
*Please attach additional page if necessary.
Phone:
Title: Executive Director
Date:
EMS PROVIDER
REPORT OF EXPENDITURES FY 05-06
COUNTY of LICENSURE: Harris
COUNTY OF OPERATION: Harris
Name of EMS Provider: La Porte EMS
Name of EMS Administrator (print):
Re: Designated Trauma Facility and Emergency Medical Services (2)
Total Amount of Allocation this Provider Received: $1.691.89
Purchases/expenditures during period August 15, 2005 - August 31, 2006
COPIES OF RECEIPTS ARE REQUIRED
Supplies:
Item:
Item:
Item:
Item:
Cost: $
Cost: $
Cost: $
Cost: $
Education & Training: Course:
# Persons Trained:
Date:
Cost: $
Equipment: Type:
Type:
Type:
Cost: $
Cost: $
Cost: $
Vehides: Type:
Type:
Cost: $
Cost: $
Communications Equipment:
Type:
Type:
Cost: $
Cost: $
Other Operational Expenditures:
Anticipated Expenditures through August 31,2007, if any:
Total Costs: $
*Please prioritize and list anticipated needs for FY 2007 (9/1/06 - 8/31/07):
*Please prioritize and list anticipated long-term system development needs:
Name of person completing report (Print):
Title:
RAC Authorized Signature:
Name (print): David Rives
*Please attach additional page if necessary.
Phone:
Title: Executive Director
Date:
SOUTHEAST TEXAS TRAUMA REGIONAL ADVISORY COUNCIL (SETTRAC)
ADVANCED TRAINING AUTHORIZATION
Course Type: (Circle One) BTLS PHTLS PEPP SLAM PALS Other:
Dates:
to
Location:
Organization:
Name (print)
I
Certification Level
Si2Dature
The above-named individuals successfully completed the indicated course.
Printed Name of Course Coordinator
Signature of Course Coordinator
-----------------------------------------------------------------
I am the Medical Director for the above-named organization. The individuals listed above are
members of that organization and attended the course with my approval.
Signature of Medical Director
Printed Name of Medical Director
c
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: January 9. 2006
Appropriation
Requested By: Ray Nolen
Source of Funds: Nt A
Department: :EMS
Account Number:
Amount Budgeted:
Report:
Resolution:
Ordinance:
x
Amount Requested:
Copy of Denied Contract
NO
Exhibits:
Exhibits:
COpy of Revised Contract
Exhibits:
SUMMARY & RECOMMENDATION
City Council approved a new contract with the Port of Houston Authority -Barbour' Cut Terminal for Emergency
Medical Service at the November 14, 2005 council meeting for a contract term of twenty-one months, in the amount
of $2, 175.00 monthly. The ordinance authorized the City Manager to execute a contract starting on January 1, 2006
and ending on September 30, 2007.
The approved contract was then submitted to the PHA for Commissioner approval and was denied on the basis that
the PHA does not approve multi-year contracts with annual update provisions.
The revised contract reflects a contractual term starting on January I, 2006 and ending on September 30, 2006. This
revision will allow the City of La Porte to make annual update provisions as needed based on Average Daily
Populations.
-;
The current 2004-05 contract expires on December 31, 2005.
2004-05 Contract was based on a POHlBCT population of 1,640 employees - Total annually $28,000.00
2006 Contract is based on a POHlBCT population of 1,535 employees - Total annually $26,095.00
The Port of Houston Authority will vote in January 2006 to approve this revised contract.
Recommend that council void the contract approved on November 14,2005 and approve the City Manager to
execute the newly revised contract for submittal to PHA.
Action Required bv Council:
Void denied contract approved by Council on November 14,2005 and approve an Ordinance
authorizing the City Manager to execute a revised contract with the Port of Houston Authority for
the City of La Porte EMS Division.
A
J-cj-D0
Date
I
ORDINANCE NO. 2006 - ~ Bf.o I
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND THE PORT OF HOUSTON AUTHORITY OF HARRIS
COUNTY, TEXAS, FOR EMERGENCY MEDICAL SERVICES, MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW, CONTAINING A REPEALING CLAUSE, AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, a copy of which is on file in the office
of the City Secretary. The City Manager is hereby authorized to
execute such document and all related documents on behalf of the
City of La Porte.
The City Secretary is hereby authorized to
attest to all such signatures and to affix the seal of the City to
all such documents.
Section 2.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3. Ordinance No. 2855, passed and approved November
14, 2005, is hereby repealed.
Section 4. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 9th day of January, 2006.
CITY OF LA PORTE
By:
~LY~
Alton E. Porter
Mayor
ATTEST:
GfJldtd~ t1 ~
Martha A. Gillett
City Secretary
APPR~ z:e)~
Knox W. Askins
city Attorney
2
D
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: January 9. 2006
Aoorooriation
Requested By: Mike Boa7~
Source of Funds:
N/A
Department: FiR
Account Number:
Amount Budgeted:
Report:
Resolution:
Ordinance:
x
Amount Requested:
Exhibits:
Copy of Ordinance
COOy of Contract
Budgeted Item: YES NO
Exhibits:
Exhibits:
SUMMARY & RECOMMENDATION
The City has negotiated a new contract with the Port of Houston Authority for Fire Protection at the Barbour's Cut
Terminal for a period of eight months, in the amount of $2,588.06 monthly. Attached is an ordinance authorizing the
City Manager to execute a contract with the Port of Houston Authority for Fire Protection at the Barbour's Cut
Terminal starting on February 1, 2006 and ending on September 30, 2006.
The current contract expires on January 31, 2006.
2006 Contract was based on a PHAlBCT population of 1,535 employees - Total annually $20,704.52
The Port of Houston Authority will vote in January 2006 to approve this contract.
Recommend that council approve the City Manager to execute the negotiated contract for submittal to PHA.
Action Required bv Council:
Approve an Ordinance authorizing the City Manager to execute a contract with the Port of
Houston Authority for the City of La Porte Fire Department.
Approved for City Council A2enda
rl}.LW0il2~~/
D ra Feazelle, City Manager
J ~+ -D~
Date
ORDINANCE NO. 2006-.d121o~
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY
OF LA PORTE AND THE PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY,
TEXAS, FOR FIRE PROTECTION, MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
The City Council of the City of La Porte hereby
approves and authorizes the contract,
agreement,
or other
undertaking described in the title of this ordinance, a copy of
which is on file in the office of the City Secretary. The City
Manager is hereby authorized to execute such document and all
related documents on behalf of the City of La Porte. The City
Secretary is hereby authorized to attest to all such signatures and
to affix the seal of the City to all such documents.
Section 2.
The City Council of the City of La Porte
officially finds,
determines,
recites,
and declares that a
sufficient written notice of the date, hour, place, and subject of
this meeting of the City Council was posted at a place convenient
to the public at the City Hall of the City for the time required by
law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been
open to the public as required by law at all times during which
this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the
contents and posting thereof.
ORDINANCE NO. 2006-~!f-
PAGE 2
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 9th day of January, 2006
CITY OF LA PORTE
~~X~
Alton E. Porter, Mayor
By:
ATTEST:
~ (}j~ !}. /duLl/(
Marth A. Gillett, Clty Secretary
APPROVED: . j
~u)a.~
Knox W. Askins, City Attorney
7/8
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Req.es~arv 9, 200<;
Requested By: Wavn .
I
Department: PlanniDl!
Appropriation
Source of Funds:
N/A
Account Number:
N/A
Report:
Resolution:
Ordinance: X
Amount Budgeted:
N/A
Exhibits:
Amount Requested:
N/A
Ordinance
p & Z Staff Report
Aerial Map
Zoning Map
Budgeted Item:
N/A
SUMMARY & RECOMMENDATION
The Planning and Zoning Commission, during their December 15,2005, meeting, held a public hearing to receive citizen comments
regarding Rezone Requests #R05-006, #R05-007, and #R05-008. These requests were made by the property owners of TR 712, TR
713, and TRS 71OA&711, La Porte Outlots, William M. Jones Survey, A-482, La Porte, Harris County, Texas. TR 712 (8.6522 acres)
zoned Medium Density Residential (R-2), is located northeast of Canada Road and Fairmont Parkway. TR 713 (8.0280 acres) zoned
Medium Density Residential (R-2), is also located northeast of Canada Road and Fairmont Parkway. In addition, 17.8060 acres of
land consisting of TRS 710A & 711, zoned Medium Density Residential (R-2) and Neighborhood Commercial (Ne), are located
northwest of Canada Road and Fairmont Parkway. The subject tracts are in the vicinity of an existing warehouse/storage facility, a
manufactured housing! Trailer Park along Canada Road, single-family residential subdivisions across the Harris County Flood Control
District ditch to the north and east, 33 acres of land for proposed Wests ide Park, and the Bayport Industrial District to the south of
Fairmont Parkway.
While a significant portion of the property is currently zoned Medium Density Residential, the current land use plan shows the area is
intended for commercial uses at the intersection of Canada Road and Fairmont Parkway. The widening of Canada Road (1 00' ROW)
project has prompted owners/developers to reevaluate their development options and consider providing commercial/retail at this
intersection. In addition, the City has been consistent in accommodating commercial uses along major roads. By default, commercial
activities should be concentrated in nodes along major thoroughfares and intersections throughout the City. Currently, an economic
development study is underway on the La Porte area in order to identify types of retail business appropriate for the community and to
attract commercial developments in the area. The subject site is one of the identified locations for this study. Commercial activities
and tax components are to be favorably considered while reviewing these rezone requests. The site is suitable for commercial
classification and the area is naturally buffered by drainage easements and channels as well.
As required by Ordinance, fifteen notices of public hearing were mailed to property owners within 200' of the site. No responses were
received. Granting this requested change should not be contrary to the goals and objectives ofthe La Porte Comprehensive Plan.
The Planning and Zoning Commission, by a unanimous vote (7-0), recommends City Council approval of Rezone Requests.
Action Required bv Council:
1. Conduct public hearing.
2. Consider taking action on recommendation for approval by Planning and Zoning Commission for the followings:
a) Rezone Request #R05-006, TR 712 rezone from R-2 to GC
b) Rezone Request #R05-007, TR 713 rezone from R-2 to GC
c) Rezone Request #R05-008, TRS 71OA&711 rezone from R-2 & NC to GC
Approved for City Council A2enda
Deb~~~2~~~G
J-L}~m~
Date
ORDINANCE NO~01-X ~)
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE,
CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE
CITY OF LA PORTE, BY CHANGING THE ZONING CLASSIFICATION FROM MEDIUM
DENSITY RESIDENTIAL TO GENERAL COMMERCIAL, MEDIUM DENSITY RESIDENTIAL
AND NEIGHBORHOOD COMMERCIAL TO GENERAL COMMERCIAL REQUESTED BY THE
OWNERS OF THE RESPECTIVE PROPERTIES, TR 712, TR 713, TR 710A, AND TR 711 LA
PORTE OUTLOTS, LOCATED AT THE INTESCETION OF CANADA ROAD AND FAIRMONT
PARKWAY, HEREIN DESCRIBED; MAKING CERTAIN FINDINGS OF FACT RELATED TO
THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
"Section 1.
The City Council of the City of La Porte hereby finds, determines
and declares that heretofore, to-wit, on the 15th day of December 2005, at 6:00 p.m. a
Public Hearing was held before the Planning and Zoning Commission of the City of La
Porte, Texas, pursuant to due notice as required by the Open Meetings Law, Chapter
551, Texas Government Code, to consider the question and the possible reclassification
of the zoning classification of the hereinafter described parcels of land. There is
attached to this Ordinance as Exhibit "A", and incorporated by reference herein and
made a part hereof for all purposes, a copy of Notice of Public Hearing which the City
Council of the City of La Porte hereby finds was properly mailed to all owners of all
properties located within two hundred feet (200') of the properties under consideration.
"Section 2. The publisher's affidavit of publication of notice of said hearing is
attached hereto as Exhibit "B", incorporated by reference herein and made a part hereof
for all purposes.
"Section 3.
Immediately following such public hearing on December 15, 2005,
the Planning and Zoning Commission of the City of La Porte met in regular session to
consider changes in classification, which were the subject of such public hearing. The
City Council of the City of La Porte is in receipt of the written recommendations of the
City of La Porte Planning and Zoning Commission, by letter dated December 20, 2005, a
true copy of which letter is attached hereto as Exhibit "C", incorporated by reference
herein and made a part hereof for all purposes.
ORDINANCE NO. 1501- 'f.-Lf
Page 2
"Section 4.
Subsequent to receipt of the recommendation of the City of La
Porte Planning and Zoning Commission, the City Council of the City of La Porte called a
public hearing on the proposed classification changes and the recommendation of the
Planning and Zoning Commission on the 9th day of January, 2006, at 6:00 p.m., and
pursuant to due notice, to consider the recommendation of the Planning and Zoning
Commission regarding the possible reclassification of the zoning classification of the
hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "0",
incorporated by reference herein and made a part hereof for all purposes, a copy of the
notice of public hearing.
"Section 5. The publisher's affidavit of publication of notice of said hearing is
attached hereto as Exhibit "E", and incorporated by reference herein and made a part
hereof for all purposes.
"Section 6.
The City Council of the City of La Porte hereby accepts the
recommendation of the City of La Porte Planning and Zoning Commission, and the
zoning classification of the hereinafter described parcels of land, situated within the
corporate limits of the City of La Porte, is hereby changed accordingly. The zoning and
description of said parcels of land is as follows, to-wit:
TR 712 (8.6522 acres) located at the northeast of Canada Road and Fairmont
Parkway, changed from Medium Density Residential (R-2) to General Commercial (GC).
TR 713 (8.0280 acres) located at the northeast of Canada Road and Fairmont
Parkway adjacent to above, changed from Medium Density Residential (R-2) to General
Commercial (GC).
TRS 710A & 711 (17.8060 acres) at the northwest of Canada Road and Fairmont
Parkway, changed from Medium Density Residential (R-2) and Neighborhood
Commercial (NC) to General Commercial (GC).
ORDINANCE NO. 1501-~
Page 3
"Section 7. The City Council of the City of La Porte hereby finds, determines,
and declares that all prerequisites of law have been satisfied and hereby determines and
declares that the amendments to the City of La Porte Zoning Map and Classification
contained in this Ordinance as amendments thereto are desirable and in furtherance of
the goals and objectives stated in the City of La Porte's Comprehensive Plan.
"Section 8.
The City Council officially finds, determines, recites and declares
that a sufficient written notice of the date, hour, place and subject of this meeting of the
City Council was posted at a place convenient to the public at the City Hall of the City for
the time required by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and this meeting has been open to the public as
required by law at all times during which this ordinance and the subject matter thereof
has been discussed, considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the contents and posting thereof.
"Section 9.
This Ordinance shall be in effect from and after its passage and
approval.
Passed and approved this the ~ day of January, 2006.
CITY OF LA PORTE
By ~[,7~
ALTON PORTER, Mayor
Staff Report
December 15, 2005
Canada Road at Fairmont Parkway
Zone Change Requests
Requested By
Requested For
Acreage
Present Zoning
Requested Zoning
Back!!:round:
Analvsis:
GrisharnlT olar
(Bobby Grisham)
TR 712
8.6522
R-2
GC
F airpark, Ltd.
(Douglas Tollett)
TR 713
8.0280
R-2
GC
Jack Howard, W.
Floyd, Larry Allen
TRS 710A, 711
17.8060
R-2 & NC
GC
The subject tracts comprise approximately 34.5 acres of land out of William
M. Jones Survey, Abstract-482, La Porte, Harris County, Texas. The said
properties are located at the intersection of Canada Road and Fairmont
Parkway. The properties are also in the vicinity of a pre-existing
warehouse/storage facility, manufactured housing, and a single-family
residential subdivision along Canada Road. The adjoining property to the
northwest of Canada Road and adjacent to the Harris County Flood Control
District (HCFCD) facility consists of 33 acres of land intended for use as the
proposed "West Side Park" of the City of La Porte.
The applicants seek to rezone their respective properties from Medium
Density Residential (R-2) and Neighborhood Commercial (NC) to General
Commercial (GC) for commercial/retail purposes.
In considering this request, Staff reviewed the following Comprehensive
Plan elements: Land Use, Thoroughfare System, Utility Infrastructure, and
Economic Development. The specific issues considered are as follows:
Land Use -- Review of the City's Land Use Plan shows the subject tract
developing as mid-to-high density residential, however, some commercial
uses are shown at the intersection of Canada Road and Fairmont Parkway.
The adjacent properties across the Big Island Slough (B 1 09-00-00) are
single-family residential (Pecan Crossing Subdivision). Other surrounding
existing uses to the north are single-family residential, a manufactured
housing park, and a storage/warehouse facility along Canada Road. An
undeveloped vacant property and the City's proposed "West Side Park" are
also in the vicinity. The Bayport Industrial District of La Porte is to the
south ofFairmont Parkway.
Zone Change
P & Z (12/15/05)
Page 2 of3
The current land use plan designates the area as intended for commercial use,
and the City has been consistent in accomodating General Commercial (GC)
uses along the major roads within the City limits. However, the following
aspects should be considered for granting a rezoning request:
. Ability of infrastructure to support the permitted use.
. Impact on the value and practicality ofthe surrounding land uses.
. Conformance of a zoning request with the land use plan.
. Character of the surrounding and adjacent areas.
. Suitability of the property for the uses which would be permissible,
considering density, access and circulation, and adequacy of public
facilities and services.
. The extent to which the proposed use designation would adversely affect
the capacity or safety of that portion of the road.
. The extent to which the proposed use designation would create excessive
air pollution, water pollution, noise pollution, or other environmental
harm to adjacent properties.
. The gain, if any, to the public health, safety, and welfare of the City.
Transportation - The tracts in question will have access along Canada
Road running north and south between Spencer Highway and Fairmont
parkway. The design of Canada Road improvement was completed in 2004.
The rights-of-way for the proposed road improvement were acquired and
the utilities to serve this general area were designed given special
consideration to the pipeline adjustments and power lines relocation.
The bidding and construction of the road and utilities started earlier this
year. The Canada Road improvement project was completed in November,
2005. Traffic signalization work is under progress at this time, and it is
estimated that it will be few weeks to complete this project.
Canada Road, an arterial with a 100' ROW, may accommodate the
additional traffic generated by future developments. In addition, Fairmont
Parkway, a controlled access highway with a 250' R.O.W. may also
accommodate additional traffic generated by this development.
Utilities - Due to the success of the Canada Road improvement project,
infrastructure is in place for the anticipated developments at this
intersection. Storm water drainage will be reviewed carefully with the site
development plan submittal for proposed development.
Economic Development - One of the intentions of the Comprehensive Plan
is to encourage new and sustained investment in the City as the basis of a
successful redevelopment strategy. This may be achieved by encouraging in-
Zone Change
P & Z (12/15/05)
Page 3 of3
Conclusion:
fill development within existing infrastructure service areas. Commercial,
retail, and service activities should be clustered throughout the City and be
convenient to residential areas. In addition, commercial activities should be
concentrated in nodes along major thoroughfares and intersections, such as
the proposed location.
Currently, an economic development study is underway on the La Porte
area in order to specify which types of retail business the community
should be targeting to attract commercial development in the area.
Projection of future commercial growth and tax components are to be
favorably considered in this matter.
Based on the above analysis, staff finds the requested zone changes are
compatible with the zoning and uses of nearby properties. The properties in
question are suitable for the requested change to General Commercial (GC).
The developments within the subject tracts should not negatively impact the
surrounding properties or harm the value of nearby properties. Furthermore,
the proposed developments should not have a significant impact on the
traffic conditions in the area.
In reviewing this request the Commission should consider the following:
. There was no apparent error in assigning the present zoning
designation to the tracts in question.
. There have been significant changes in the area that warrant a change
to the zoning designation.
. The requested change is compatible with the goals and objectives of
the City's Comprehensive Plan.
Actions available to the Commission are listed below:
. Recommend to City Council approval of RE# 05-006.
. Recommend to City Council denial ofRE# 05-006.
. Recommend to City Council approval of RE# 05-007.
. Recommend to City Council denial ofRE# 05-007.
. Recommend to City Council approval ofRE# 05-008.
. Recommend to City Council denial ofRE# 05-008.
. Table one or all of these items for further consideration by the
Commission.
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions in Section 106-171 of the City of La Porte's Code of
Ordinances, and the provisions of the Texas Local Government Code, notice is hereby given
that the La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M.
on the 15th day of December, 2005, in the Council Chambers of City Hall, 604 West Fairmont
Parkway, La Porte, Texas. The purpose of this hearing is to consider rezone request #R05-006,
submitted by Grisham Tolar, for the property located at the southeast comer of Canada Road
and Fairmont Parkway. The property is further described as TR 712 (8.652 acres), La Porte
Outlots, William M. Jones Survey, A-482, La Porte, Harris County, Texas. The applicant seeks
to have this property rezoned from Medium Density Residential (R-2) to General Commercial
(GC) to provide for commercial/retail.
A regular meeting of the Planning and Zoning Commission will follow the public hearing to
act upon the public hearing items and to conduct other matters pertaining to the Commission.
Citizens wishing to address the Commission pro or con during the public hearing are
required to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett, TMRC
City Secretary
A quorum of City Council members may be present and participate in discussions during this meeting, however, no
action will be taken by Council.
This facility has disability accommodations available. Requests for accommodations or interpretive services at meetings
should be made 48 hours prior to the meeting. Please contact City Secretary's office at (281) 471-5020 or TDD Line
(281) 471-5030for further iriformation.
~i-\.
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions in Section 106-171 of the City of La Porte's Code of
Ordinances, and the provisions of the Texas Local Government Code, notice is hereby given
that the La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M.
on the 15th day of December, 2005, in the Council Chambers of City Hall, 604 West Fairmont
Parkway, La Porte, Texas. The purpose of this hearing is to consider rezone request #R05-007,
submitted by Douglas Tollett on behalf of Fairpark, Ltd., for the property located at the
southeast comer of Canada Road and Fairmont Parkway. The property is further described as
TR 713 (8.028 acres), La Porte Outlots, William M. Jones Survey, A-482, La Porte, Harris
County, Texas. The applicant seeks to have this property rezoned from Medium Density
Residential (R-2) to General Commercial (GC) to provide for commercial/retail.
A regular meeting of the Planning and Zoning Commission will follow the public hearing to
act upon the public hearing items and to conduct other matters pertaining to the Commission.
Citizens wishing to address the Commission pro or con during the public hearing are
required to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett, TMRC
City Secretary
A quorum of City Council members may be present and participate in discussions during this meeting, however, no
action will be taken by Council.
This facility has disability accommodations available. Requests for accommodations or interpretive services at meetings
should be made 48 hours prior to the meeting. Please contact City Secretary's office at (281) 471-5020 or TDD Line
(281) 471-5030for further iriformation.
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions in Section 106-171 of the City of La Porte's Code of
Ordinances, and the provisions of the Texas Local Government Code, notice is hereby given
that the La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M.
on the 15th day of December, 2005, in the Council Chambers of City Hall, 604 West Fairmont
Parkway, La Porte, Texas. The purpose of this hearing is to consider rezone request #R05-008,
submitted by Jack Howard, W. Floyd, and Larry Allen, for the property located at the southwest
comer of Canada Road and Fairmont Parkway. The property is further described as TRS 7l0A
and 711, out of La Porte Outlots, William M. Jones Survey, A-482, La Porte, Harris County,
Texas. The applicants seek to have this property rezoned from Medium Density Residential (R-
2) and Neighborhood Commercial (NC) to General Commercial (GC).
A regular meeting of the Planning and Zoning Commission will follow the public hearing to
act upon the public hearing items and to conduct other matters pertaining to the Commission.
Citizens wishing to address the Commission pro or con during the public hearing are
required to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett, TMRC
City Secretary
A quorum of City Council members may be present and participate in discussions during this meeting, however, no
action will be taken by Council.
This facility has disability accommodations available. Requests for accommodations or interpretive services at meetings
should be made 48 hours prior to the meeting. Please contact City Secretary's office at (281) 471-5020 or TDD Line
(281) 471-5030 for further information.
of the TexasL()ccdGoV~ . '~",per,..~5.1 in the .
YCOde";f!otlce is;'CQth1cil9~ahibers of City
'.' n that the 'La' .J-Iall,'.s04 '. F,airmoot
"'og ar@ ZOnIng; 'ParkWay, ; Porte,
COUNTY OF HARRIS n will conduct a 'Texas..~' .
CITY OF LA PORTE La Porte's 0 rot-'pub' '.' ,'ng at 6:00P.M. ~~p~rpo~e of this .~~:~
~_'~="<Aa~;'d:.p=~;;l~il~
Jones Survey, A-482, La '.OO'"
Porte, Hartis, County,
Texas. The applicant S
seeks to have this property
~:~~~18;~~:ntia~e:~ Ir;\. w re U'O
to General Commercial ~~'\ ....
~~~~~;~': :~Since 1947'
ingof the Planning and
Zoning Commission will
follow the public hesnog to
act upon the pubHc hear-
ing items and to conduct
other matterS pertaining to i
the Commission,
THE STATE OF TEXAS
Th~
City of Lc
County of
state of ~
Before me
came and j
represent"
newspaper
City of L
being dul
published
zVL'
S~
281-471-1234
Fax: 281-471-5763
Citizens wishing
to address the Commis-
sion pro or con during the
. public hearing are required
to sign in before the meet-
ing is convened. .
CITY.' OF' .. .").ed authority, on this date
LA PORTE '. K 11 . d 1 th' d
MarthaGiIlett,TMRC . {n e ogg, a u y au orlze
PitySeCJetary~yshore Sun, a semi-weekly
A quorum of cftycouncHI generally distributed in the
.membersmSY'bepre$ont.! County, Texas and who after
a,!dparti~ip~.t.e. .if}. d....'iSCus. - the attached notil2e was
slons dunng thi~ meeting,. e Sun dated II 30 / OS'
however, no actIOn wifl be , I '
taken by Council. I
This faCI.1itYhas .d.isab. fifty "'./:7'
accommodations '. availa- .'
. bfe. .' Requests for secom- .
.... modations or interpretive
$8rvices .at '. meetings .
should be made 48 hours
prior to the meeting.
Please contact City Secre-
tary's ()fficeat (281) 471-
5020, or TDD Line (281)
. 471:5030 for furtherinfor- fore
mallOn. . . '. . ,
cf(/J
day of
me this
'.
~) ~o---
Sandra E. Bumgarner
Notary Public
Harris County, Texas
My Commission Expires April 30, 2006
"'~"'f/"'''l''''''' n
-,~ <-'",r'J"IlP:~q.""=W, 'J
"
?
l.~
tV'"
rj<'....:~.(Jrl.,~C~SCOrCIapse,1
iwith.the'prClVj$i6n~in'.Sac', B
;.:!iO~48~.1Il,pf,the Ci '
ing'ls.to,~~.Qn!l1
1 r~9~~M~R
,;~ql yJJ?Ug1as. .... . ....,
"!:>ehal.foff'i.lirp<\ri</U<U for
ith~p~9perty Joca~ed, ~t .the
~~h~a$tc~lTler ,of Cl:ll1a.
:d(\'#8QEld:,.,.andiF~lrmont
, ""'. ,ec~~ttY;:i!l;
ibed~#.'TFl'
~.-.i,acre$),{!-a
, 'M.
La
!'ity,
cant
. ""'La Porte
rty
ri1;f Harris
Texas
281-471-1234
Fax: 281-471-5763
re SUD
__.i!.!>
.,.".;,.:.[, the undersigned authority, on this date
,appeared Karolyn Kellogg, a duly authorized
.,ative of The Bayshore Sun, a semi-weekly
~ published and generally distributed in the
1a Porte, Harris County, Texas and who after
, sworn, swears the attached noti~e was
in The Bayshore Sun dated 1/ / 3 ~ /0 S-
, .
subscribed before me this cP. / p;;t-
,\.../ , 2 0 0 5 .
day of
~A~~
Sandra E. Bumgarner
Notary Public
Harris County, Texas
My Commission Expires April 30, 2006
THE STATE OF TEXAS
COUNT~ Qr IIA~RIS
. ~ITY OF LA PORTE
NOTICE OF PUBLIC
HEARING
./
Street
\:as 77571
281-471-1234
Fax: 281-471-5763
In accoRfance'
with the provisions in Sec-
tion 106"171 of the City of '" B S
,~~:th~e I' re un
da Road and . Fairmont
Parkway. The property is
. further described as ' TRS
710A and 711, aU! ofta,
.Porte Outlots,YJilliamM. J
JooesSurvey, '.A.-4.8.2., L. a I
Porte, ' Harris ". County,
Texas. . .The applicants
seek to have this property
rezoned frOm . Medium
D9!eii' sid9~tl -2}
~ br~ ':;i::;~~i:
A egu r meet-'
log. of the I iog and
. Zoning Co' misslonwlll.!>
followthepublichearingto~, the undersigned authority, on this date
~ct ~poh thepublicheal'<; appeared Karolyn Kellogg a duly authorized
1n9 Items. and to :CC)fl!,il,lct; . . ' '.
othermatterspertainh:lgtoratlve of The Bayshore Sun, a seml-weekly
lheCommission. "'. ~ published and generally distributed in the
.'Ci~i~risWi$hinga Porte, Harris County, Texas an~ who after
toao.d.. re...ss...,.l.h.e.....c.om. m.is.- y sworn, swears the attached notH~e o/as
sjon.proo~C?nd~ri.n9}h9 in The Bayshore Sun dated /1/30 LoS- .
f:~:~nhl~ab~~:jhflri~:?1 .
1~::::PO~):,.;71/; /utf~
MarthaGillett,TMRC ~
.City~ 'kllOgg .' --
Aquorum of Citypouncil,
members may be, present,
='?:nr::/rg8~hiln::J{:t:,~: subscribed before me this dl.. I d-
'however, nO' actiOn will be , 2 0 0 5
taken by Council, ~ , .
day of
This facility .has' disabilitY ~ . ~~ ~
accommodations . availa-
bJe,RequestsforsCcom'-! Bumgarner
modations or Interpre.tive. 1 .
services at meetings D 1 C
shoufdbe made48hap~llnty, Texas
prior to the ". meeting.
Please contact City Sacre- .
talY's affice at (281) 4713lon Expires April 30, 2006
5020 ar TDD Une(281)
471-{5030 for further infor-
mation.
City of La Porte
Established 1892
December 20, 2005
Hon. Mayor Alton Porter and City Council
City of La Porte
Re: Rezone Requests #R05-006, #R05-007, & #R05-008
Dear Mayor Porter:
The La Porte Planning and Zoning Commission, during its December 15, 2005, meeting,
held a public hearing to consider Rezone Requests#R05-006, 007, and 008. The subject
properties are located at the intersection of Canada Road and Fairmont Parkway further
described as TR 712, TR 713, and TRS 710A & 711, La Porte Outlots, W. M. Jones Survey,
Abstract No. 482, La Porte, Harris County, Texas. The applicants seek to have these
properties rezoned as follows:
#R05-006; TR 712 from Medium Density Residential (R-2) to General Commercial (GC)
#R05-007;TR 713 from Medium Density Residential (R-2) to General Commercial (GC)
#R05-008; TRS71OA&711 from Medium Density Residential (R-2) and Neighborhood
Commercial (NC) to General Commercial (GC).
The Planning and Zoning Commission, by a unanimous (7-0) vote, has recommended
approval of the above rezone requests.
Respectfully sub itt
e~on
Chairperson, Planning and Zoning Commission
c: Debra Feazelle, City Manager
John Joems, Assistant City Manager
Cynthia Alexander, Assistant City Manager
John Armstrong, Assistant City Attorney
Planning and Zoning Commission
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
;,:XHIBrr C
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions in Section 106-171 of the City of La Porte's Code of
Ordinances, and the provisions of the Texas Local Government Code, notice is hereby given
that the La Porte City Council will conduct a public hearing at 6:00 P.M. on the 9th day of
January, 2006, in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte,
Texas. The purpose of this hearing is to consider rezone request #R05-006, submitted by
Grisham Tolar, for the property located at the northeast corner of Canada Road and Fairmont
Parkway. The property is further described as TR 712 (8.652 acres), La Porte Outlots, William
M. Jones Survey, A-482, La Porte, Harris County, Texas. The applicant seeks to have this
property rezoned from Medium Density Residential (R-2) to General Commercial (GC) to
provide for commercial/retail.
A regular meeting of the City Council will follow the public hearing to act upon the public
hearing items and to conduct other matters pertaining to the Council.
Citizens wishing to address the Council pro or con during the public hearing are required to
sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett, TMRC
City Secretary
This facility has disability accommodations available. Requests for accommodations or interpretive services at meetings
should be made 48 hours prior to the meeting. Please contact City Secretary's office at (281) 471-5020 or TDD Line
(281) 471-5030for fUrther information.
..... .J
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions in Section 106-171 of the City of La Porte's Code of
Ordinances, and the provisions of the Texas Local Government Code, notice is hereby given
that the La Porte City Council will conduct a public hearing at 6:00 P.M. on the 9th day of
January, 2006, in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte,
Texas. The purpose of this hearing is to consider rezone request #R05-007, submitted by
Douglas Tollett on behalf of Fairpark, Ltd., for the property located at the northeast comer of
Canada Road and Fairmont Parkway. The property is further described as TR 713 (8.028 acres),
La Porte Outlots, William M. Jones Survey, A-482, La Porte, Harris County, Texas. The
applicant seeks to have this property rezoned from Medium Density Residential (R-2) to
General Commercial (GC) to provide for commercial/retail.
A regular meeting of the City Council will follow the public hearing to act upon the public
hearing items and to conduct other matters pertaining to the Council.
Citizens wishing to address the Council pro or con during the public hearing are required to
sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett, TMRC
City Secretary
This facility has disability accommodations available. Requests for accommodations or interpretive services at meetings
should be made 48 hours prior to the meeting. Please contact City Secretary's office at (281) 471-5020 or TDD Line
(281) 471-5030 for further iriformation.
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions in Section 106-171 of the City of La Porte's Code of
Ordinances, and the provisions of the Texas Local Government Code, notice is hereby given
that the La Porte City Council will conduct a public hearing at 6:00 P.M. on the 9th day of
January, 2006, in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte,
Texas. The purpose of this hearing is to consider rezone request #R05-008, submitted by Jack
Howard, W. Floyd, and Larry Allen, for the property located at the northwest comer of Canada
Road and Fairmont Parkway. The property is further described as TRS 710A and 711, out of La
Porte Outlots, William M. Jones Survey, A-482, La Porte, Harris County, Texas. The applicants
seek to have this property rezoned from Medium Density Residential (R-2) and Neighborhood
Commercial (NC) to General Commercial (GC).
A regular meeting of the City Council will follow the public hearing to act upon the public
hearing items and to conduct other matters pertaining to the Council.
Citizens wishing to address the Council pro or con during the public hearing are required to
sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett, TMRC
City Secretary
This facility has disability accommodations available. Requests for accommodations or interpretive services at meetings
should be made 48 hours prior to the meeting. Please contact City Secretary's office at (281) 471-5020 or TDD Line
(281) 471-5030 for further information.
I
I
I
. . . . I
NOTICE OF PUBLICi S tree t
<HEARIN? "'1
'. ....... InaccordanceKaS 77571
with the provisions in Sec: i
tion 106-171 of tl1~ City of I
La Porte's Code of Ordi-j
naneas, and the provisions,
of the Texas . Local GOVOle
emmant 9006. notice iSj
hereby given that the' La'
~orte City ncil will con-IJ
! ~~~t~a..' ub th~eafin..g<i:::.:.
ofn. ithel
Cou 11' ha b 0 (tyi11
Hall, 04 W t ont,
Parkway, La , Texas.
,Thepurpo~~, .ti:lil';. hear-
i 'ingis tgcQilsiqer.. rezone
request,#RO~. spbll1it-
tedby Grlsnamrrolar, 'for
:.the pr?perty I()~tedat,tha
\~I1()~~$t 99... .<.a~'a Porte
i,da\R()~d <~d,i, < ()flt H .
11ParkW~y,'Tha,Br~hy)s.' arrlS
:Jurther'<ies<:rlb~a~i:i;rR. exa s
'. :652:,gQf'?~Ki~'a, ....
Pleas:ecCntadbitjsiipr';.l>
Jary'$.~ffiCeat(28n)1't!~, the undersigned authority, on this date
,502QprrDpUn~X2.8.1) ppeared Karolyn Kellogg a duly authorized
471-mOktr furthermfot . . ' '.
mation'i)':.:!':'i tl ve of The Bayshore Sun, a seml-weekly
_;~_~n~J:"~J:"~~- published and generally distributed in the
city of La Porte, Harris County, Texas and who after
being duly sworn, swears the attached noti~e o/as
published in The Bayshore Sun dated /~/~I LPS-
, ,
THE Sa;A-TE ~F'TEXAS
C()UNTY gFHARRIS
" crrVOF LA~ORTE
"
!
B"t;,:~
..,~ ~
,..:;('
..~:.
281-471-1234
Fax: 281-471-5763
71!::;1 yu!fi'fF-
K olyn Kellogg -
Sworn and subscribed before me this 0< / 4'
~.....e~ ,2005.
day of
~1. L~
Sandra E. Bumgarner
Notary Public
Harris County, Texas
My Commission Expires April 30, 2006
.... L.i
,il
1
.....}
N6TICE OF PU~16 . '/
HEAR1~q ,:~.I tree t
In ....accorda.lJce;
with the provi$iO~in'~~C:'/ ~ 77571
tioo 106-171 9fth~ City'01r
La Porte's COde of Ordi-
nances; and the provisions
of the Texas Local Gov-,
h~~btntgie:~etha7o~:. ~..,~
Porte City Council will conJ,
duct a' public tlearinga(
, 6:00P.M. 00 the 9t day
r,~:,u~~~m~:' '
Hall,~04 est F~l
Parkwa ,L ort9,([.
! Jhep .' f 't!
lng"~. d
requ .' 0 ,
,tad b ...ougla Cfollett on
behalf of Fairpa. ,Ltd., fo I
the property located at. the
northeast corner of Can a- Porte
da. Road and',Fairmont Harris
Parkway. The iProperty is
further. descnbedas. TR~exas
713 (8;028~Crl*>)"LaI
,Porte Outlots, !!Wi.mam .M._~
~~&~~~5u;~~~~A~~n~~ the undersigned authority, on this date
(Texas. The:applicanl ppeared Karolyn Kellogg, a duly authorized
seeks tOl1avetDiliprop~rty ti ve of The Bayshore Sun a semi-weekly
'rezoned . .frorn .', Medium ' , ,
\ Deryslty, Re~d~h~ljIn(Fl-.2r ublished and generally distributed in the
to,Gener~I'Com\ll~r()la,l Porte, Harris County, Texas and who after
(GC) , to ' provide .' fcircgm-' h t h .
merciallrelail.<{('<. sworn, swears t e at ac ed notH~e was
_.E.:,:iLe.,}.!~~t,m.~!: n The Bayshore Sun dated I/J-/t:?- I / ~ S-
.
THE 5T ATE OF TEXA$
COUNT" or; V A RPI5 .......
. CITY OF LA PORTE..............
'" ,.;.".;'-,:.-
, "';",' .>~
'./
B
281-471-1234
Fax: 281-471-5763
re SUD
1!!!:::ftz/~
arolyn Ke logg.
Sworn and subscribed before me this c2/~ day of
~ ,2005.
I~A.~~
Sandra E. Bumgarner
Notary Public
Harris County, Texas
My Commission Expires April 30, 2006
+~
.,
i
,THESTATEOFifEXAS I
i CO\jNTY.pFHARRIS
fCITJO~ctt6~~J~LlC I
f : "''HEARING ...... i
!. .' ..Jnaccotdance}treet
i wi~the; provisions inSec-! 77571
,j .lion 16f>-U1ot the City Of}S
ILa.f'()rte's Cqde. of Ordi- .
I nances, and the proVisions
I........~.... :0. ~:n."{. eXa5e?oc. not. a.li..C~o. .V.i.~
hei-eb' ,::gl . at.. the .U1,
I.,.J' ., WillcOlV~
/6:
"
"
281-471-1234
Fax: 281-471-5763
B
re Sun
...~
: the undersigned authority, on this date
~peared Karolyn Kellogg, a duly authorized
'aJ(R_2)tive of The. Bayshore Sun, a semi-weekly
~r~~'cOlTl. published and generally distributed in the
C "to'i~El~ra' Po;r-te, Harris County, Texas and who after
iCi)r.: )i~t'ci'tleftt~. sworn, swears the attached notitZe was
.in....9...of.....'......,th...~.:..,... ..,...4,riC.i1.W....il,..I.............r'..n The Bayshore Sun dated 1:7-/;;21/0 S-
'. follow the publiC hearing to
"actu .. hear:
log j d~. ,.'
. otheto
....the
r.;U d
S~orn and subscribed before me this
~ ,2005.
day of
,~~.~~
Sandra E. Bumgarner
Notary Public
Harris County, Texas
My Commission Expires April 30, 2006
i
I
I
I
#R05-006, #R05-007, & #R05-008 ~\J~\)\'.~
/ r I ~~r.
/1 ! \ I
Legend
.lIll111UIIi. ..
liIIulliCltyLlmits
. Zoning
....zoning
Business Industrial
_ General Commercial
. _ Heavy Industrial
High Density Residential
Large Lot District
_ Light Industrial
Low Density Residential
I ''-,-/ '
I I \\, \.,-1
L..-L-,-'-\ I :'T'1 ! I
i,ilLII
~.. I I ~' I T'""I'I
I ' ,
I i I I ! I
--~I 1111
, ENTUREI
. - ,. ~
I:.J~I':'
' I "
[-r, I III
,ORCHARD
-u-r-I'.".
\ .
I
L
r
/
i
/
/
c
~~==~
-----<1: . ~
.L______ ffi [~~-~-~=~_~
CD ._.____CD
I :
I ;__=--T=
,I :
:__GARJd~ :---
I I
i I
---'w
'__._ ..J
...J
:-~ ;i_-==NOT TO SCALE /
I ~_~, '------.: /. ~(") ". f
I-r-~! ~-i~(~I~j
,-------"--0: L--L-.1-- L
I T'r"i n--r\ i I. I i
! i I \ '1'1 I t, I
: I !. _ _~.___ _..t-. . _" L_~.._~.\_.___r~. --1_____! ! i
,:~>,,:<':"'-~";"~
. r-" i ,~". !
"v/. (', .->----..-
,~/, '-'.' .' I
,"'~~//~ "" -,r "; .
"'. ~ / / /,... J ,--~.-
"', 'v/ /' ....~'.../
',/ ./ ":'< //~),.,.., ~,., ~
C-" . ( / >< .... . . ~O/~
I ". DOl',,, ,."~~./ /f
I .;... I'!.O _ '. ,/ > . '\ / 1
PROP. REZONING TO GC 'F=!
.r" I~,r----r
!~...(~!ib'~: "
~."-~ITTZ\ i---+>I. R
I ,/!! 1 -i L-.L>I I 1-
i~l'+~i I~C~I i--.J
c-.. J I '0' I I....., I !
! ~~.r ---L...L_ ....---L 0 I:
! >. - 0::: ~O I I
..../ '_.-' ""-0' I I 'L-i
1/11' ...., L
I ./ i :! I ~_.....: I :
Il\tI~:Z! t=f-Ol Ii
I I ,~.;-'-Ll..J__'<(' I~
~, (,) f--,---
v~-- ~'-I---'- W L-!.----
I I : I 0..' i I
i I I, 1,..----' .
, , \ r;1TI ',. -1---1 L......
~ '\ 'L I MAH~N I :.-,
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, 0::: ,-~, ------C-'/'.. ~ . I
i-...... i i. i I' i UI W.....--.
, ,...." I I.. I'
i ~ l-ir:-7 I'" r--y--i
il- I--.L..MOHAWK L-t/ !
I-~ ' '\....~j
#ROS-
006
#ROS-
007
/
/
I'
9
REQUEST FOR CITY COUNCIL AGENDA ITEM
#ili76
Appropriation
Agenda Date Requested:
Requested By: S ~iIIett
Source of Funds:
Department: Public WIHks
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits: Ordinance and Request for Voluntary Revocation
Amount Requested:
Exhibits: July 8, 2002 Report to City Council
Budgeted Item: N/A
Exhibits TCEQ Rules - Notice Requirements for Inactive Landfills
SUMMARY & RECOMMENDATION
On July 8, 2002, a report on the status of the La Porte Landfill was presented to the Council
(copy attached). The recommendation of the report was to cease pursuit of a permit update, due
to cost and actively seek to sell the 81 acre site in the Bayport Industrial District. No action was
taken at that time to void the permit.
Since that time, the TCEQ has promulgated rules affecting inactive permits (copy attached). The
new rules, effective June 2, 2005, require holders of permits for inactive landfills to provide
public notice of the facility, including annual publication in the largest newspaper in the county
(Chronicle); notice, by certified mail, to all landowners within 500 feet of the facility, the Mayor
of the city or town where the facility is located, the county judge, and the council of
governments; and post sign(s) specifying the facility's status.
The rules provide that an owner or operator that does not intend to operate the facility should
begin voluntary permit revocation procedures. This process involves the filing of a Request for
V oluntary Revocation of Permit (attached) and verification of the signatory's authority to
represent the permit holder (Ordinance attached).
Action Required by Council: Approve ordinance authorizing the City Manager to execute a
Request for Voluntary Revocation of Permit for the La Porte Landfill.
Approved for City Council Al!enda
~~ J~7~~~;:~duu;tL~
De ra Feazelle, City anager l
) ~4--tJ~7
Date
ORDINANCE NO. 2006- ~8(e3
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO FILE A REQUEST FOR
VOLUNTARY REVOCATION OF PERMIT WITH THE TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY, TO REVOKE THE PERMIT ISSUED ON KARCH 4,
1988, TO THE CITY OF LA PORTE, FOR THE OPERATION OF A TYPE I
FACILITY IN HARRIS COUNTY, TEXAS, FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte hereby
authorizes Debra Brooks Feazelle, City Manager of the City of La
Porte, to execute and deliver to the Texas Commission on
Environmental Quality, a "Request for Voluntary Revocation of
Permit" in form attached hereto as Exhibit "A", and incorporated by
reference herein, to revoke a permit issued by the Texas Commission
on Environmental Quality, on March 4, 1988, for the operation of a
Type I facility in Harris County, Texas.
Section 2.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 9th day of January, 2006.
CITY OF LA PORTE
~~X~
Alton E. Porter, Mayor
By:
ATTEST:
:trL o/4~ldtt#
city Secretary
/"
APO~ 1/ ~
Knox W. Askins
city Attorney
2
REOUEST FOR VOLUNTARY REVOCATION OF PERMIT
TO THE EXECUTIVE DIRECTOR OF THE TEXAS COMMISSION ON ENVIRONMENTAL
QUALITY:
I, Debra Feazelle, City Manager
(name and title ofpennit holder's representative)
,representing City of LaBorte .
(name of penn it holder)
hereby request that Permit No.
1765
be revoked. The pertnit was issued by the
Texas Commission on Environmental Quality (rCEQ) or its predecessor agency to
City of LaPorte
(name of permit holder)
on March 4. 1988 for the operation of a Type I
(date issued) (type of facility)
facility in Harris County. City of LaPorte has since ceased operations and closed the
(name ofpennit holder)
facility as required by applicable law and does not intend to resume operations under this permit.
I understand that. by requesting the revocation of Permit No. :1:765
City of LaPorte
(name of permit holder)
waives all right to notice and a hearing. The Executive Director of
the TCEQ, or his authorized representative, may revoke the permit without a public hearing or any
commission action, pursuant to Title 30 Texas Administrative Code, Chapter 305, Section 305.67.
Respectfully submitted,
by:
(signature of permit holder's authorize
City Manager
· Please include verification of signa tor's authority to represent the permit holder.
TCEQ-10359 (05/12/04)
EXHIBIT "A"
I
I
j
I
i
CITY OF LA PORTE
LANDFILL FEASIBILITY
INTRODUCTION
The City of La Porte currently owns a permitted landfill site adjacent to Bay Area
Boulevard in the Bayport Industrial District. The site, permitted in 1988, has never been
opened. The Permit was obtained through the recommendation of a Solid Waste
Disposal Plan, dated March 1983, which recommended the permitting and acquisition of
a sanitary landfill to replace landfills scheduled for closure, owned by Harris County and
a privately-owned landfill in Baytown. In 1993, TNRCC and EPA requirements (Subtitle
D) mandated that the City modify its permit to comply with the new regulations.
Because the City did not intend to open the site until current private landfill capacity
became unavailable or cost prohibitive, the City requested clarification of its need to
modify the permit. The TNRCC responded that the City did not need to modify the
permit to comply with Subtitle D requirements until it intended to open the facility (letter
attached). The City of La Porte has relied on this response in its dealing with the landfill
permit.
Subsequent to this, the TNRCC established the Municipal Solid Waste Permit and
RegIstration Modification Rules (MOD Rules) which will require permitted but unopened
sites to update their permit to Subtitle D, through a modification, by May 19, 2003.
Update of permits after this date would require a major amendment. A modification is an
administrative update, and is approved by TNRCC staff. A major amendment is similar
to the original permit process, complete with public hearings, the possibility of a
contested hearing, and requires approval by the Commission.
The FY 2001-02 CIP Budget includes $100,000 for this effort. In an effort to avoid
unnecessary expenditure of funds, the City met with its attorney and TNRCC Chairman
Huston and Commissioner Marquez to present the City's position that it was exempt
from this Rule, based on the prior letter received from the TNRCC (letter attached). The
Commissioners were sympathetic to the City's position, but were concerned that they
could not dictate policy to future commissioners. It was apparent that the Commission
would not exempt La Porte from the new MOD rules, and that the City must move
forward with obtaining a modification of it's landfill permit prior to the deadline to avoid
the major amendment process.
On January 22, 2002, City staff met with HDR, the Engineer, to discuss a proposed scope
of work to modify the Permit. After extensive discussion, it was apparent that the cost to
open and operate the landfill under the new subtitle D rules and regulations adopted
subsequent to Subtitle D would greatly increase costs, and reduce capacity. Rather than
move forward with developing a contract to modify the Permit, the decision was made to
update start-up and O&M costs to operate the landfill under current regulations, and
develop a cost comparison to determine if a City-owned and operated landfill was still a
viable disposal option.
ASSUMPTIONS
In order to fairly compare disposal options, several assumptions are required. They are
listed below in no particular order.
. At some point in the future (10-20 years) capacity at currently used private landfills
will disappear, and the City will be faced with opening its own landfill or transporting
to a remote, private landfill.
. All costs are calculated per cubic yard of waste.
. Waste disposal rate of 2,300 cubic yards per month. Note that this rate is a large
reduction from the original projection due to the elimination of Seabrook's and LP's
commercial waste stream.
. 20 year financing for all alternatives.
. Collection costs not included and are assumed to be equal for all alternatives.
· Two alternatives selected (1) operation of city-owned landfill, and (2) operation of
transfer station to dispose at remote site.
. Transfer distance to remote site 100 miles round trip.
. Construction of transfer station on city-owned property (PW).
· Increased costs for future regulations not included - assume that costs for City-owned
and private landfill will rise at least equally. A more likely scenario is that costs for
the city-owned site will rise faster than privately owned sites due to economies of
scale.
. Tipping fees at private landfill assumed to be the same as current rates. Any inflation
in this rate will also be applicable to a city-owned site.
DISCUSSION
Attached to this report are two (2) sub-reports. One is the study prepared by HDR
calculating probable costs to construct and operate a city-owned landfill. The other is a
brief staff cost estimate to construct, equip and operate a transfer station, with associated
labor, equipment, supplies and maintenance. Each sub-report will be discussed below.
The report prepared by HDR is a result of their experience permitting and consulting for
municipal and private landfills throughout the nation. The report assumes start-up
construction, equipment and labor costs associated with construction and operation ofthe
site. The basis of the report is that with changes in regulations and reductions in
estimated waste streams, the cost to dispose of waste at a La Porte-operated landfill, in
2002 dollars, range from $27.86 to $29.48 per cubic yard. Note that current disposal
rates under the City's contract with a private landfill are $5.80 per cubic yard.
The alternative to operating a city-owned landfill when capacity at the currently
contracted site is gone (estimated at 20-30 years) is to find another landfill and transport.
Depending on the distance, a transfer station may need to be constructed and operated. A
transfer facility is basically a staging area or building to store collected waste until a
larger, transfer trailer/truck is filled. Instead of the collection truck being driven, with a
three-man crew, to the landfill, several collection trucks can be accommodated by one
transfer vehicle.
This alternative will require the construction of a transfer station building to house the
tipping t1oor, loading area and any compaction equipment out of the weather. Purchase
of transfer trailer and truck and other minor equipment will be required for operation of
the system. Finally, the addition of two (2) employees will be required to operate the
system. The cost to operate the transfer system and pay disposal costs (at current rates) is
estimated at $11.27 per cubic yard.
At one time, it was determined that the cost of operating a city-owned landfill was the
best long-term disposal alternative for La Porte. Changes in regulatory requirements
have greatly increased this cost. Although the changes associated with Subtitle D were
known to increase the cost of landfilling, the additional changes to design criteria, such as
groundwater levels and depth of burial, have increased costs far more than anticipated.
Additionally, it costs virtually the same amount to operate a small landfill as a larger one.
The major difference is the amount of daily waste. Obviously, the more waste to allocate
costs to, the lower the price. With the elimination of La Porte's commercial waste,
virtual elimination of all yard waste due to the City's composting program and the
elimination of all residential and commercial waste projected for the City of Seabrook,
the projected daily waste stream is less than 12 of that originally projected.
CONCLUSIONS AND RECOMMENDATIONS
Changes in regulations and reductions in projected waste have, together, driven to cost to
construct and operate a sanitary landfill to almost $30.00 per cubic yard. It is estimated
that the City of La Porte could construct and operate a transfer system and pay disposal
costs at a rate of over 60% less than opening a city-operated landfill. The City is also
facing costs exceeding $100,000 to bring the permit into compliance with Subtitle D.
It is recommended that the City not move forward on updating the permit for its landfill.
The costs associated with the update, construction and operation are far in excess of the
costs associated with the construction and operation of a transfer station. Future solid
waste disposal for La Porte will continue to be contracted landfill disposal. The City
must keep informed of the remaining capacity at current disposal sites, as well as future
disposal sites. Current estimated capacity is 20-30 years. When, and if necessary, the
City must also begin planning for the construction of a transfer facility, or contract with
an existing facility to ensure disposal options.
Finally, the City owns an 8l-acre industrial site in the Bayport Industrial District on Bay
Area Blvd. With the road and rail availability to this site, the City should be able to
recoup its original investment through the sale of this property.
Texas Commission on Environmental Quality
Chapter 39 - Public Notice
Page 7
(B) If the applicant proposes to amend or renew an existing permit, the chief
clerk shall mail notice to the persons listed in 939.413 of this title.
(4) If the application concerns a hazardous waste facility, the applicant shall broadcast
notice of the hearing under subsection (d)(2) of this section.
(5) Notice under paragraphs (2)(A), (3), and (4) of this subsection must be completed
at least 30 days before the hearing.
(g) This section does not apply to applications for an injection well permit.
(h) Information repository. The requirements of 40 CFR 9124.33(b) - (f), which is adopted by
reference as amended and adopted in the CFR through December 11, 1995, at 60 FedReg 63417, apply
to all applications for hazardous waste permits.
Adopted November 9, 2005
Effective November 30, 2005
939.509. Application for a Class 3 Modification of an Industrial or Hazardous Waste Permit.
(a) Applicability. This section applies to applications for Class 3 modification of industrial or
hazardous waste permits that are declared administratively complete on or after September 1, 1999.
(b) Notice shall be given under 939.418 of the this title (relating to Notice of Receipt of
Application and Intent to Obtain Permit), instead of giving notice under g30S.69(d)(2) of this title
(relating to Solid Waste Permit Modification at the Request of the Permittee). Notice shall also be
given under 939.419 of the title (relating to Notice of Application and Preliminary Decision).
(c) Notice of the public meeting required by g30S.69(d)(4) shall be included with the Notice of
Receipt of Application and Intent to Obtain Permit under 939.418.
Adopted September 2, 1999
Effective September 23, 1999
939.510. Notice Requirements for Inactive Municipal Solid Waste Permit.
(a) This section applies to the owners or operators of inactive permitted municipal solid waste
(MSW) facilities, which are those facilities that have not accepted waste within two years of permit
issuance or have ceased accepting waste for at least two consecutive years. For the purposes of this
section, permit issuance means the date that a permit is issued by the commission or the date of a final,
non-appealable decision regarding the permit. This section applies to facilities permitted before, on, or
after the effective date of this rule.
(1) Within two years of the date of permit issuance, the date of ceasing to accept
waste, or the effective date of this rule, whichever is later, the owner or operator of an inactive MSW
facility shall notify the executive director, in writing, that the facility is inactive and that the owner or
operator intends to operate the facility in the future. In the event that the owner or operator does not
Texas Commission on Environmental Quality
Chaplc:r 39 - Public Notice
Page 8
intend to operate the facility, the owner or operator should begin voluntary permit revocation
procedures.
C~{) 't ~ (2) Within two years of the date of permit issuance, the date of ceasing to accept
waste, 1e effective date of this rule, whichever is later, the owner or operator of an inactive
permitted M cility shall publish notice of intent to operate the facility, at least once, in a
newspaper of the largest circulation that is published in the county in which the facility is located or
proposed to be located. If a newspaper is not published in the county, then the owner or operator shall
publish notice in a newspaper of general circulation in the county in which the facility is located or
proposed to be located, and such notice may be satisfied by a one-time publication if the publishing
newspaper meets the circulation requirements. Thereafter, notice must be published annually in
accordance with this paragraph, until the facility begins accepting waste or voluntary permit revocation
is requested.
(3) Within two years of the date of permit issuance, the date of ceasing to accept
'vaste, or the effective date of this rule, whichever is later, the owner or operator of an inactive
permitted MSW facility shall provide, by certified mail, the notice of intent to operate the facility to:
(A) landowners within 500 feet of the facility property line, as determined by
county tax rolls or other reliable sources;
(B) the mayor and health authorities of the city or town in which territorial
limits or extraterritorial jurisdiction the facility is located or proposed to be located;
(C) the county judge and health authorities of the county in which the facility is
located or proposed to be located; and
(D) the council of governments that serves or covers the area or county in
which the facility is located or proposed to be located. Thereafter, notice must be sent annually in
accordance with this paragraph, until the facility begins accepting waste.
(4) The owner or operator shall file an affidavit with the executive director certifying
facts that constitute compliance with the notice requirements of paragraphs (2) and (3) of this subsection
within 30 days of the last publication of the published notice required by paragraph (2) of this
subsection. The owner or operator shall also file a copy of the published notice required by paragraph
(2) of this subsection with the executive director that shows the date of publication and the name of the
newspaper within ten business days after its publication. The deadline to file a copy of the published
notice that shows the date of publication and the name of the newspaper is ten business days after the
last date of publication. The deadline to file the affidavit is 30 calendar days after the last date of
publication for each notice. Filing an affidavit certifying facts that constitute compliance with the
public notice requirements of paragraphs (2) and (3) of this subsection creates a rebuttable presumption
of compliance with the requirement to publish notice.
(5) The text of the newspaper notice and the mailed notice must include:
Texas Commission on Environmental Quality
Chapter 39 - Public Notice
Page 9
(A) the name and address of the agency and the telephone number of an agency
contact from whom interested persons may obtain further information;
(B) the name, address, and telephone number of the owner or operator and a
contact person from whom interested persons may obtain further information and, if different, the
location of the facility or activity to be regulated by the permit;
(C) a brief description of the activity authorized by the permit;
(D) the permit number and permit issuance date; and
(E) a statement indicating that the permitted facility may begin construction or
operation at a future time, and an estimated date of when the facility is expected to begin construction
and operation.
(b) Within six months of the date of permit issuance, the date of ceasing to accept waste, or the
effective date of this rule, whichever is later, the owners or operators of permitted MSW facilities that
are not receiving waste shall provide signs specifying the facility's status. At the owner's or operator's
expense, a sign or signs must be placed at the site of the permitted facility declaring that the permit has
been issued and stating the manner in which the commission and owner or operator may be contacted
for further information. Such signs must be provided by the owner or operator and must substantially
meet the following requirements. Signs must:
(1) consist of dark lettering on a white background and must be no smaller than four
feel by four feel with letters at least three inches in height and block printed capital lettering;
(2) be headed by the words "AUTHORIZED MUNICIPAL SOLID WASTE
DISPOSAL FACILITY";
(3) include the words "PERMIT NO.," the number of the permit, and the type of
permit;
(4) include the words "for further information contact";
(5) include the words "Texas Commission on Environmental Quality" and the address
and telephone number of the appropriate commission regional office;
(6) include the name of the owner or operator, and the address of the appropriate
responsible official;
(7) include the telephone number of the owner or operator;
(8) include the expected start-up date for beginning operation; and
Texas Commission on Environmental Quality
Chapter 39 - Public Notice
Page 10
(9) remain in place and legible until the facility is opened. The owner or operator shall
provide a verification to the executive director that the sign posting was conducted according to the
requirements of this section.
(c) Each sign placed at the site must be located within ten feet of every property line bordering
a public highway, street, or road. Signs must be visible from the street and spaced at not more than
1,500- foot intervals. A minimum of one sign, but no more than three signs, shall be required along any
property line paralleling a public highway, street, or road. This section's sign requirements do not
apply to properties under the same ownership that are noncontiguous or separated by intervening public
highway, street, or road, unless the property is part of the permitted facility.
(d) The executive director may approve variances from the requirements of subsections (b) and
(c) of this section if the owner or operator has demonstrated that it is not practical to comply with the
specific requirements of this subsection and alternative sign posting plans proposed by the applicant are
at least as effective in providing notice to the public. Approval from the executive director under this
l>uDSedioll must be received before posting alternative signs for purposes of satisfying the requirements
of this section.
Adopted May 11, 2005
Effective June 2, 2005
10
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Januarv 9. 2006 ~
:::::n:Y: :::: ~ {oR
Appropriation
Source of Funds: FY 05-06
Operatin2 Bud2et
Account Number:
001-5051-522-1 066
Amount Budgeted:
$60,000
Amount Requested:
Report:
Resolution:
Ordinance: .y
Exhibits: Ordinance
Exhibits: Pension System Contract Amendment
Exhibits:
Budf!eted Item: YES.y NO
SUMMARY & RECOMMENDATION
The FY 05-06 Budget included an increase in contributions to the Volunteer Firefighter's Pension Fund from $35 to
$55 per member per month. The office ofthe Firefighters Pension Commissioner forwarded a contract amendment
in December. The effective date of the amendment is October 1,2005.
Action Reauired bv Council:
Approve Ordinance authorizing a contract amendment increasing the LPVFD contribution rate to
$55.00/member/month.
Approved for City Council A2enda
.C-/
/ -'-1 -(J ~~
Date
ORDINANCE NO. 2006- ~~0 4-
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE, ON BEHALF OF THE LA PORTE VOLUNTEER FIRE
DEPARTMENT, AND THE TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM, FOR
PENSION SYSTEM CONTRACT AHENDMENTSjESTABLISHING CONTRIBUTIONS TO
THE SYSTEM, HAICING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, a copy of which is on file in the office
of the City Secretary. The City Manager is hereby authorized to
execute such document and all related documents on behalf of the
city of La Porte.
The City Secretary is hereby authorized to
attest to all such signatures and to affix the seal of the City to
all such documents.
Section 2.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective as of October I,
2005, and it is so ordered.
PASSED AND APPROVED, this 9th day of January, 2006.
CIU:;:i~~
Alton E. Porter, Mayor
By:
ATTEST:
~J,;jj~ tlV
Mart a A. Gil ett
City Secretary
AP;X:U ~
Knox W. Askins
city Attorney
2
11
A
REQUEST FOR CITY COUNCIL AGENDA ITEM
Requested By:
Acc't Number:
-
Department:
Report: -LResolution: _Ordinance:_
Amount Budgeted:
N/A
Exhibits:
Amount Requested:
N/A
Exhibits:
Bud eted Item:
YES
NO N/A
Exhibits:
SUMMARY & RECOMMENDATION
In 2002 citizens of La Porte approved the sale of General Obligation bonds to provide a) $l.4M for
the development of the City's 33 acre west side park property located on Canada Road, and b) $2M for the
development of a youth baseball complex. Because the proposed baseball field quantity at the west side park
property was reduced from ten fields to six, ballot language was developed to allow these two issues to be
dealt with independently. Since that time the City has undergone preliminary discussion with the City of
Pasadena and, to a lesser degree with Harris County, to participate in a joint venture sports complex located
just south of Fairmont Parkway and east of the Pasadena Convention Center on land owned by the City of
Pasadena, but located in the City of La Porte's extra-territorial jurisdiction. In our review of the various
problems associated with such a large undertaking, we asked the City's Bond Attorney to review as well.
--
The Bond Attorney's "opinion" is that, while the ballot language was sufficient to separate the west
side park property development and the baseball complex, the supporting documentation that was provided
to the public regarding the bond issue did not adequately separate the two; consequently we would not be
able to sell the General Obligation bonds, if we proceeded with the joint venture with Pasadena. We would
only be able to use those bonds if we built the baseball fields at the west side park property.
While this is an option, we would rather participate with Pasadena as a joint venture for several
reasons, including isolation from residential areas, and support from the LPBBA who would rather not
operate two separate locations for their leagues, for example. We do have an option other than G.O. bonds
and that is, to issue Certificates of Obligation to fund the joint venture with Pasadena. This can be
accomplished through City Council direction and would not require voter approval to sell. This option
fulfills the spirit of the original bond intent by allowing the provision of baseball fields for La Porte youth,
with all of the additional benefits that make the joint venture so appealing in the first place.
Action Reauired bv Council:
Consider and provide direction regarding funding of proposed baseball fields utilizing General
Obligation bonds for development at Westside park property, or Certificates of Obligation to
participate in the proposed joint venture sports complex with the City of Pasadena and Harris
County.
Aooroved for City Council A2enda
--
, lu,
Debra Feazelle, City Manager
/ -L/-D0
Date
)
Bond Election Approval for:
· $3.4 Million total funding, approved
by voters
· $2M identified for sports complex
· $1 .4M identified for west side park
development and infrastructure
· Park to include only 6 fields
· Would necessitate operation at 2
locations by LPBBA
B
.".-
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: ~O.06 Appropriation
Requested By: S. GilIett~ Source of Funds:
Department: Public Works
Account Number:
Report: XX Resolution:
Ordinance:
Amount Budgeted:
Exhibits:
Amount Requested:
N/A
Exhibits:
Budgeted Item: N/A
Exhibits
SUMMARY & RECOMMENDATION
On December 13, 2205, the City Administrator of the City of Shoreacres contacted the City
Manager about the possibility of La Porte providing street sweeping services for Shoreacres
Blvd. between S. Broadway and SH 146. The roadway is four-lane divided curb and gutter
concrete thoroughfare.
The latest cost per lane-mile of street for sweeping is $18.06, including labor, equipment, fuel
and maintenance. Shoreacres Blvd. is approximately 0.8 miles in length. With four curb lanes,
this totals 3.2 lane-miles, for a cost of $57.80 for each sweeping. With a 10% overhead typical
for lnterlocal agreements of this type, the total cost would be $63.58 per sweeping.
The City of Shoreacres requested six sweepings per year. The annual cost to Shoreacres for this
service would be $381.48. Shoreacres is interested in developing an lnterlocal Agreement,
similar to the one for Fire Protection, as soon a possible.
Action Required by Council: Provide direction to staff regarding the development of an
lnterlocal agreement between the City of La Porte and the City of Shoreacres for an lnterlocal
agreement for sweeping services for Shoreacres Blvd. between South Broadway and SH 146.
Approved for City Council Agenda
d~~Vu n dca LG
Debra Feazelle, City Manager ':1
/-Lj-DG
Date
c
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:
Januarv 9. 2006
Source of Funds:
NA
Requested By: Rodnev Slaton l\3
Account Number: NA
Department:
Enl!ineeriDl! Division
Amount Budgeted: NA
Report: -X-Resolution: _Ordinance:
Exhibits: Public Meeting Packet
City of La Porte Letter, 12-16-05
TXDOT Email Granting Extension
SUMMARY
On December 8, 2005, the Texas Department of Transportation conducted a Public Hearing on
the status of the planning and construction of the improvements to S. H. 146 from Fairmont
Parkway to Red Bluff. Enclosed is the Public Hearing Packet from TXDOT soliciting comments
on the proposal.
.- A significant amount of attention was focused on the overpass design over S.H. 146 along
Choate Road/Shoreacres Blvd. Two possible designs were presented involving the overpass and
whether to include the railroad in the overpass construction and how close feeder roads and
ramps were to residential development. This and other features will be presented at the Council
Workshop.
TXDOT initially established December 18, 2005, as the deadline to submit issues and concerns
about the proposed improvements. By letter, the City of La Porte requested additional time until
January 13,2006, to allow Council to be briefed on the proposal.
Action Required bv Council:
1. Direct issues and concerns to Staff for formal input to the Texas Department of
Transportation regarding proposed improvements to S.H. 146 from Fairmont parkway
to Red Bluff.
Approved for City Council A2enda
/ ~L(-[) (;
Date
~
o</~
v/L
D~ o~ 6\ \\~.
,,'.mm .m~@
I Texas Departmenf 0" Transportation
PUBLIC MEETING
SH 146 from Fairmont Parkway to Red Bluff
December 8, 2005
6:00 - 8:00 PM
Dear Citizen:
On behalf of the Texas Department of Transportation (TxDOT), we want to thank you for
attending tonight's public meeting concerning the proposed improvements to State Highway
(SH) 146 from Fairmont Parkway to Red Bluff in Harris County. A project location map is
included in this information packet.
;/'Pfj"
The proposed project ~!)~sts of widening the existing four-lane divided facility to a six-Ian~~j
divided facility with_sJMl'ane frontage roadways in each direction. Overpass structures are
proposed at Wharton Weerns Boulevard/Spur 498 and Red Bluff. Two alternatives are under
consideration for an additional proposed overpass at the intersection of SH 146 and Choate
Road/Shoreacres Boulevard.
Please feel free to examine the exhibits on display. TxDOT staff members and members of the
consultant firms Michael Baker Jr., Inc. (Baker) and Cr;ouch Environmental Services, Inc. will be
available to answer your questions during this time. These individuals are identified by their
nametags.
,,~., ,,~"_' ~,c.,...,...,;,,~. .""< ". O"_"._H""..~ ".;<,' .~h .". '. .,.......,.... ""'" ''''.'''.~,,~, <G,._..,. '~'__'''''&''~~''''''''',"""
. ~ ""-~.;,....;.._,....."..,.,,,.~'"<~.'--"""'P"_.'" ....~_...
For yo,::. ,son. ,!.enieiic~:'; c. 0.. mment form is included in this information pack;;~"""ee:~ents w~l1
be .....coHecteq)nthe.C0IRlu,ent Box located at the Comment Table or can be retume by mall.
Writterr'coInments not submitted during the meeting should be mailed to the Texas Dep l\t~ent
,../6fTransportation-Houston District, Attn: Director of Project Development, P.O. Box\l386,
(Houston, Texas 77251-1386. Comments can also be sent via emajY to
hou-piowebmail~dot.state.tx.us. To be included in the officialpul:>Jic;meetingrecorcr,-- written
~mIIients-musthe-postmarked-by Becember-l8;-2005:-------- ..-" .m'_
Thank you for attending tonight's public hearing. Public involvement is a vital part of the
TxDOT project development process, and we sincerely appreciate your participation.
*...@
~.
I Texas Department of Transportation
November 2005
NEWSLETTER
SH 146 Improvement Project
The Texas Department of Transportation (TxDOT) is continuing its public outreach program for the proposed
improvements to SH 146 from Fairmont Parkway to SH 3. Newsletters and public announcements regarding this
project are issued to keep stakeholders and other interested parties informed about the project planning process.
Proiect Update
Fairmont Parkway to Red Bluff
. ,,_.'ii'
TxDOT received comments from the
public meetings held in December 2004
regarding design alternatives in this segment of
the project. As a result of those comments,
TxDOT is proceeding with the environmental and
alternatives analysis process.
The next phase of public outreach will be a
public meeting specifically for the Fairmont
Parkway to Red .Bluff segment. TxDOT is asking
for public input On design features that are now
being considered. These features include two..
alternatives for the Shoreacres Blvd/Choate ReI
_intersection, a grade separation at Red Bluff,
md direct connectors for Port Rd.
This meeting will be conducted to
present the alternatives
specificallyfor this segment only.
The publiC meeting will be held
on Thursday, December 8, 2005
between the hours of 6:00 pm
and 8:00 pm at La Porte High
School, 301 E. Fairmont Pkwy,
La Porte, TX. The meeting will be
an open house format and the
public is invited to attend.
Exhibits will be displayed and
representatives from TxDOT and
their study team will be
available.
The next phase of public outreach will bea public meeting
specifically for the Fairmont Parkway to Red Bluff segment
How You Can Get Involved
The public is strongly encouraged to partidpate; there are many ways in which you can get involved. Please
complete a comment form at the next public meeting, call TxOOT and ask to be put on the mailing list, or
send a letter with your comments or concerns. Letters to TxDOT should be addressed to the Director of
Project Developmentl TxDOT, P.O. Box 1386, Houston, Texas 77251-1386. If you have any questions, please
c- ontact Joe Liggio or Hassan Nikooei from TxDOT at (713) 802-5000.
PUBLIC MEETING COMMENT FORM
I
SH 146 FROM FAIRMONT PARKWAY TO RED BLUFF
ENVIRONMENTAL ASSESSMENT
December 8, 2005 - 6 pm to 8 pm
La Porte High School
La Porte, Texas
Welcome to the Public Hearing for the proposed improvements to SH 146 from Fairmont Parkway to Red Bluff.
Your comments are important to the development of this project and will be taken into consideration. To submit
written comments, please use the space provided below. You may submit this form tonight, or mail it to the
address on the back. If mailed, written comments should be postmarked by December 18, 2005. Thank you.
(To mail, please fold in half with this page on the inside and affix a postage stamp. Please tape closed, do not staple.)
1. Do you own property near SH 146 from Fairmont Parkway to Red Bluff?
If yes, Residential Commercial Other (Please specifIJ
2. What is the ZIP Code of your primary residence?
3. What are your thoughts regarding the proposed project?
Yes
No
3. Do you have any knowledge of any environmental constraints (Cemeteries, Hazardous Material Sites, Historic
Places, etc.) in or nearby the project area:
-'ase Print
Name:
Address:
Phone: (optional)
City of La Porte
Established 1892
December 16, 2005
Texas Department of Transportation - Houston District
Attn: Director of Project Development
P.O. Box 1386
Houston, Texas 77251-1386
Re: Public Meeting December 8, 2005
SH 146 from Fairmont Parkway to Red Bluff
Dear Sir,
On December 8, 2005, Texas Department of Transportation conducted a Public Meeting in La
Porte, Texas regarding SH 146 from Fairmont Parkway to Red Bluff.
The City of La Porte had staff members in attendance. However, because of the City Council
schedule, staffhas not been able to brief the entire City Council on this matter and will not be
able to do so until January 9,2006.
We respectfully request that you consider extending your comment period from December 18 to
January 13 so Council may be briefed on the proposed improvements.
We thank you for your consideration in this matter.
If you have any questions please contact Wayne Sabo, Director of Planning.
Sin1f7' ~ (J ~ c9-e {(
~azelle
City Manager
DF/jb
cc: Wayne Sabo
Director of Planning
604 W. Fairmont Pkwy. . La Porte, Texas 77571 · (281) 471-5020
Brock, Judy
-From:
ent:
ro:
Cc:
Subject:
Joerns, John
Monday, December 19, 2005 10:03 AM
'Pat Henry'; Brock, Judy; HOU-PIOWebMail HOU-PIOWebMail
Hassan Nikooei; Joseph Liggio; Sabo, Wayne; Feazelle, Debra
RE: SH146 from Fairmont Parkway to Red Bluff
Thanks so much-Even if Council doesn't have significant issues or input-they will at least
be briefed and have opportunity.
I may have our planning director get in touch with you regarding some exhibits.
Thanks again-JJ
-----Original Message-----
From: Pat Henry [mailto:PHENRY@dot.state.tx.us]
Sent: Monday, December 19, 2005 9:53 AM
To: Brock, Judy; HOU-PIOWebMail HOU-PIOWebMail
Cc: Joerns, John; Hassan Nikooei; Joseph Liggio
Subject: Re: SH146 from Fairmont Parkway to Red Bluff
We will extend the comment period to Jan. 13, 2006 as requested.
>>> "Brock, Judy" <BrockJ@ci.la-porte.tx.us> 12/16/2005 3:24 PM >>>
Dear Sir,
~lease see attached letter requesting an extension of the comment period.
A hard copy of this letter signed by Ms. Debra Feazelle will be sent by regular mail.
Thank you for your consideration in this matter.
Sincerely,
Judy Brock
1
D
,,,,,"""""
-
---.----- - ---
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
,.,,~"
Agenda Date Requested: Januarv 9. 2005
Requested By: wavne4StePhen L. Barr
/
Department: Plannine:lParks & Recreation
Source of Funds:
NA
Account Number:
NA
Amount Budgeted: NA
Report: ....K..-Resolution: _Ordinance:
Exhibits: Sidewalk and BicycleIPedestrian Trail System Map
SUMMARY
During the FY05-06 budget process, the Council expressed an interest in general pedestrian connectivity
issues in conjunction to the CIP project of sidewalk renovation/repair. As a starting point, Staff prepared
a master map depicting:
. Parks and Schools
. Installed Neighborhood Sidewalks and Shared Use Paths
. Designed or Under Design Bike Lanes & Shared Use Paths
. Low, Medium & High Priority, Not Designed Bike Lanes/Shared Use Paths
The intent of this map is to provide a visual picture of the present state of pedestrian connectivity; using
the Council approved Bicycle/Pedestrian Trail Implementation Plan to designate constructed and planned
shared use pathways as well as the current sidewalk inventory throughout the City of La Porte.
.-
Generally, when assigning priorities for connectivity projects, (e.g. trails, paths and sidewalks) the
following should be given priority consideration:
. interconnecting of schools with neighborhoods (safe routes to schools),
. connecting parks and other public facilities,
. where future trails/paths are already planned to avoid duplication,
. topographical characteristics (e.g. can a sidewalk be constructed on public ROW
and not interfere with open ditches and avoiding expensive ditch crossings etc.) and
. where to avoid promoting pedestrian traffic along dangerous areas.
Areas earmarked by Council approved studies and plans for pedestrian connectivity will be reviewed by
the survey section and the City Engineer for suitability and a list with recommended priorities will be
brought back to Council for cost analysis and implementation. Implementation for this plan will require a
change in direction and funding from our current "sidewalk replacement only" policy to include new
construction (particularly in-fill) to connect the gaps throughout the City, even when there is no developer
involved. In areas where active Homeowner Associations desire acceleration of construction schedules,
joint participation may be desirable in areas in which they are directly impacted as way to fund these
needed additions to our sidewalk/shared path system.
Action Required by Council:
Review the attached map and provide Staff with planning guidance for the construction of
sidewalks/shared use pathways for La Porte.
Approved for City Council Ae:enda
,,,,~
c/JJ j~\UJfNeQii/li ~
Debra B. Feazelle, City nager
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Projected Use
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. Preferred new facilities in the survey:
- Playgrounds: 850/0
- Picnic Tables: 850/0
- Jogging / Biking Trails: 820/0
. Additionally, Equestrian Trails and Walking
were requested at the Public Meeting.
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__ IIMIID CQJtCRfTlntAll.
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JEW SIGNALIZED cR0651NG IT'l'PE JI
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City of La Porte
Bicycle and Pedestrian Trail Implementation Plan
. I"olllta of Inter..' III I.,broo" /I(.....tt.
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SCALE IN MILES
2
,
Funding An implementation
p~~Mt:
- Connectivity
- Possible Use
- Ease of Construction
- Scenic Quality
- Public Demand
Funding An implementation
!J~ "-4.
- High Priority - 1 to 5 years
- Medium Priority - 6 to 10 years
- Long-Term Priority -10-15 (20) years
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Funding An implementation
~A tI tI 'f,,4A tI ~p__
- Northwest Trail
- Railroad Trail
- Bayside Trail
- East Side Trails
Funding An implementation
r-,. ~A II
- West Connector
- Bay Area Trail
- Main Street Connector
- Little Cedar Trails
)
Funding ~mplementation
&,t,/M~
. Phase I (High Priority):
-12.3 miles, $3,600,000
. Phase II (Medium Priority):
- 14 miles, $3,000,000
. Phase III (Long-Term):
- 12.2 miles, $4,000,000
Funding for Southside Trail (High Priorit~
~ L ~ was provided by a federal"Safe Routes to
~ ~
~ School" Grant.
E
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Januar 9 2006
Appropriation
Requested By:
Source of Funds: N/A
Department: FIN ",NeE
Account Number: N/A
Report:
Resolution:
Ordinance:
Amount Budgeted: N/A
Exhibits:
Amount Requested.
Exhibits: Street Maintenance Sales Tax
Exhibits:
SUMMARY & RECOMMENDATION
Review and discuss Street Maintenance Sales Taxes.
Action Required bv Council:
Provide staff with direction on an election for the Street Maintenance Sales Tax.
)-L/ -() tp
-
Date
~7truling I~ to fill tlwdB potlw~d
Sales Tax Close Up
~t .t G
cl 5-11
,j -i (C It
Year after year, many Texas cities find maintaining and repairing city streets an
ever-growing expense. Recognizing thist the 2001 Legislature added Chapter 327
to the Texas Tax Codet allowing cities to adopt a dedicated local sales tax for street
maintenance and repair at a rate of up to 0.25 percent.
In the three and a half years
since Chapter 327 became law,
III Texas cities have adopted
this form of local sales tax.
Since becoming law, the tax
has been the most popular
form of additional local sales
tax, adopted by more cities
than any other tax.
P\l'{i~~lll]-9. funds
All cities in Texas are eligi-
........~ for the street maintenance
es tax, as long as the over-
all local sales tax rate does
not exceed 2 percent. Voters
must approve the sales tax for
street maintenance.
The adopted tax is effective
for four years, after which time
it either expires or is renewed
through another election.
Danny Valenzuela, city man-
ager of Fort Stockton, said a
lack offunding that resulted in
19 years of neglect to the city's
streets prompted the West
Texas city to seek voter ap-
proval to adopt the street main-
tenance sales tax in May 2002.
"The city's streets were in ill
repair, and something had to
be done," said Valenzuela. "This
past year, the city developed
an eight-year plan to patch
and seal coat all streets within
the city, starting with those in
most danger of collapse."
Valenzuela said the tax
also provided much needed
revenue to repair damage to
'~reets caused by flooding
,m a record rainfall in 2004.
Haltom City, just north of
Fort Worth, adopted the tax in
November 2001.
"Haltom City is about 55
years old, and we needed to
reconstruct and overlay a num-
ber of streets throughout the
city," said David Fain, director
of public works for the city.
Haltom City is undertaking a
capital improvement program
and has budgeted $2.2 million
for street reconstruction in
2005, Fain said.
"This year's allocation of
street maintenance sales tax
should generate enough rev-
enue to cover over one-third
of that obligation," he said.
Christopher Boone, the
public works director for West
Orange in East Texas, credited
the tax with his city's street
improvements. When voters
passed the tax, the city council
approved a four-year plan for
street improvements, he said.
The tax provided revenue
needed to make lasting repairs
rather than continuing the
practice of just keeping things
patched together, Boone said.
Roy McDonald, mayor of
West Orange, said the tax is a
great source of revenue.
"Our people like it," McDon-
ald said. "We've been able to
do things we would not have
been able to do, and the tax has
freed up other funds within the
city's budget, allowing us to
fund other needed projects."
McDonald said using a sales
tax for street maintenance
versus property taxes eases
the burden on residents by
placing it on everyone who
drives on the city streets.
~1'~~J!1~_~Jl!t.u r~n_._____
McDonald would like to see
the Legislature make the tax
permanent instead of having it
expire after four years.
Bennett Sandlin, general
counsel for the Texas Munici-
pal League (TML), said mak-
ing the tax permanent would
help cities.
"TML supports the idea
of giving voters an 'opt out'
provision for the street sales
tax rather than just having it
expire after four years," Sand-
lin said. "That would make it
consistent with the way most
other city sales taxes are struc-
tured, and making this needed
change to the street sales tax
would also enhance a city's
ability for future planning."
More information on the
sales tax for street main-
tenance may be found at:
<www.window.state.tx.us/
19a/streetmtnc.htmb. ..
The city's
streets l.vere in
ill repair, and
something had
to be done.
Bob Bearden
Big and small repairs
Only cities are eligible to adopt the street maintenance sales
tax enacted by the 2001 Legislature. Since 2002, cities as
small as the town of Anderson, with a population of 257, or
those as large as Arlington, with a population of 332,969,
have adopted the tax.
Number of cities II .,
that adopted the tax ., . .:.,
2002 2003 2004 2005
Window on Texas Local (jovernment. April 2005 5
Sales'Tax
September 2003
If the voters of a municipality adopt
the street maintenance sales tax at
an election held on the same date on
which another political subdivision
adopts a sales and use tax or approves
the increase in the rate of its sales and
use tax and as a result the combined
rate of all sales and use taxes imposed
by the municipality and other political
subdivisions would exceed 2 percent
at any location in the municipality, the
election to adopt a street maintenance
sales tax will have no effect.
For more information, visit our Web site <http://www.window.state.tx.us/Iga/>
Receive help via e-mail atlocal.govt@cpa.state.tx.us
Many Texas cities do not have the
funds necessary to repair existing
roads. Recognizing this, the 2001
Texas Legislature passed House Bill
445, which allows cities to raise their
local sales tax rate by 0.25 percent
if the funds are dedicated to street
maintenance and repair.
WHO IS ELIGIBLE?
Cities may impose the tax, with voter
approval, if the new combined local
sales tax rate will not exceed 2 per-
cent, as provided in the Tax Code,
9327.003(b).
flECTION IS REQUIRED
The voters must approve the addi-
tional sales tax. The city's governing
body must adopt an ordinance calling
for the election at least 62 days before
it is held.
When can election be held?
The election must be held on one of
the following uniform election dates:
the first Saturday in February;
the third Saturday in May;
. the second Saturday in September;
or
. the first Tuesday after the first
Monday in November.
Ballot language
At the election to adopt the addi-
tional tax, a ballot must allow voters
the choice of voting for or against the
proposition. Following is the required
ballot language:
The adoption of a local sales and use tax
in (name
of municipality) at the rate of (insert
one-eighth of one percent or one-fourth
of one percent) to provide revenue for
maintenance and repair of municipal
streets.
The permissable rates are 1/8 and 1/4
of 1 percent.
[Refer to V.T.eA., Tax Code 9327.006(b).]
Election results
If the election is successful, within 10
days of the election the city must, by
resolution or ordinance entered in its
minutes of proceedings, declare the
results of the election. The resolution
or ordinance must include statements
showing:
. the date the election was held;
. the wording of the proposition;
. the total number of votes cast for
and against the proposition; and
. the number of votes by which the
proposition passed.
[Refer to V.T.CA., Tax Code 9321.405]
EFFECTIVE DATE
The tax will become effective on the
first day of the first calendar quarter
after one complete calendar quarter
passes from the date the Comptroller
receives the city's notice that voters
have approved the tax. [Refer to V.T.eA.,
Tax Code 9327.005]
For example, if voters approve the tax
in an election held in May 2004 and
send the election results to the Rev-
enue Accounting, Tax Allocation Sec-
tion of the Comproller's Office by the
end of June, the tax would take effect
on October 1/2004. The city would
then begin receiving revenue from the
Comptroller beginning with its Decem-
ber 2004 sales tax allocation.
ADMINISTRATION OF THE TAX
The city does not have to form a devel-
opment corporation or create a special
district to administer the street main-
tenance sales tax. The city administers
the tax directly but should account for
the funds separately, since the use of
the tax is restricted.
USE OF THE STREET
MAINTENANCE SALES TAX
The sales tax may be used only to
maintain and repair municipal streets
that existed on the date of the election
to adopt the tax. It may not be used to
build new streets. In addition, the city
may not pledge the revenue received
from the tax to the payment of bonds
or other indebtedness.
[Refer to V.T.CA., Tax Code 9327.008]
"Municipal Streets" Defined
-'v1unicipal street means the entire
Jidth of right of way designated by a
city for vehicular travel. The term does
not include a designated state or fed-
eral highway or road or a designated
county road.
[Refer to V.T.CA., Tax Code 9327.001]
EXPIRATION AND
REAUTHORIZATION OF THE TAX
The street maintenance sales tax
expires four years after it takes effect
unless voters authorize continuance in
an election held for that purpose. The
election to reauthorize the tax must be
held on one of the four uniform elec-
tion dates listed above.
The ballot proposition language should
read as follows:
'The reauthorization of the local sales
and use tax in
(name of municipality) at the rate of
(insert 1/8 of 1 percent or 1/4 of 7 per-
cent) to continue providing revenue for
maintenance and repair of municipal
streets. "
The municipality must notify the
Comptroller of the scheduled expira-
tion or successful continuance before
the date the tax is to expire.
[Refer to V.T.CA., Tax Code 9327.007]
If an election to reauthorize the tax is
not held before the tax expires or if
votes cast in an election to reauthorize
the tax do not favor reauthorization,
the municipality may not call an elec-
tion on the question of authorizing a
new tax under this chapter before the
first anniversary of the date on which
the tax expired.
NEED MORE INFORMATION
For more information about the street
maintenance sales tax, call the Comp-
troller's Local Government Assistance
section toll free at
1-800-531-5441/ ext. 3-4679.
.~
* Receive tax help via e-mail atlocal.govt@cpa.state.tx.us *
For more information, visit our Web site www.window.state.tx.us/lga/
If1-!~:~!i~!n~!in!~at~~! e!fictax, p'ea~fh /1tlfPe!fmZre:e:/
reu. Comptroller of PublicAccount.
Publication #96.940
Revised August 2003
For additional copies write:
Texas Comptroller of Public Accounts
111 E. 17th Street
Austin, Texas 78774-0100.
1-800-252-5555
911 Emergency
Service/Equalization
Surcharge
Automotive Oil Fee
Battery Fee
Boat and Boat Motor
Sales Tax
Fireworks Tax
Mixed Beverage Tax
Off-Road, Heavy-Duty
Diesel Equipment
Surcharge
Oyster Fee
Sales and Use Taxes
Telecommunications
Infrastructure Fund
1-800-862-2260
Cigarette and Tobacco
1-800-252-1381
Bank Franchise
Franchise Tax
1-800-252-1382
Manufactured Housing Tax
Motor Vehicle Sales
Surcharge, Rental and
Seller Financed Sales Tax
Motor Vehicle Registration
Su rcharge
1-800-252-1385
Coin Operated Machine
Tax
Hotel Occupancy Tax
1-800-252-1386
Certificates of Account
Status/Good Standing
Officer and Director
Information
1-800-252-1387
Insurance Tax
1-800-252-1383
Fuels Tax
LG Decals
Petroleum Products
Delivery Fee
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1-800-654-3463
Unclaimed Property Name
Searches
512/463-3120 (Austin)
1-800-531-5441
Cement Tax
Inheritance Tax
Local Revenue
Miscellaneous Gross
Receipts Taxes
Oil Well Servicing Tax
Sulphur Tax
1-800-252-1384
Coastal Protection
Natural Gas Tax
Oil Production Tax
1-800-321-2274
Unclaimed Property
Claimants
512/936-6255 (Austin)
Unclaimed Property
Holders
512/936-6246 (Austin)
or visit our Web .ite at:
<http://www.window.state.tl.us/
Iga/streetmtnc.html>
The Texas Comptroller of Public Accounts
is an equal opportunity employer and
does not discriminate on the ba~s of
race, color, religion. sex, national origin,
age. or disability in empioyment or in
the provi~on of any services, programs
oractjvities.
In compliance with the Americans with
Disabilities Act, this document may be
requested in alternative formats by
calling the appropriate toll-fret number
listed at left, or by calling:
(5111463-4600 in Austin
(511) 475-0900 (FAX).
From a Telecommunications Device for
the Deaf (TOO), our hearing impaired tax-
payers may call toll free 1-800-148-4099,
or they may call via l-800-RELAY-TX.ln
Austin, the local TOO number is463-4611.
CAROLE KEETON STRAYHORN · Texas Comptroller of Public Accounts
-
Public Works Department
FY 05-06
Streets Division
Expenditure Summary
Actual Budget Estimated Adopted Percent
2003-04 2004-05 2004-05 2005-06 Change
Personal Services 1,345,490 1,395,058 1,346,081 1,416,640 1.55%
Supplies 86,334 107,291 123,027 127,522 18.86%
Services & Charges 565,216 594,273 593,973 642,341 8.09%
Capital Outlay 26,840 58,200 48,000 53,000 -8.93%
Division Total 2,023,880 2,154,822 2, III ,081 2,239,503 3.93%
Scope of Services Summary
The Streets Division is responsible for maintaining all City streets. The Street Maintenance crew in this
Division performs job functions such as street and drainage reconstruction, patching, seal, coating, overlay and
crack sealing. Other tasks include: mowing, mosquito control, traffic control and airport maintenance.
Personnel Position Roster
Approved Approved Approved
2003-04 2004-05 2005-06
Street Maint. Superintendent 1 1 1
Street Maint. Supervisor 3 3 3
Senior Equipment Operator 6 6 6
Equipment Operator II 6 6 6
Equipment Operator I 12 12 12
Total 28 28 28
" a ~1-7'O71-531
City of La Porte, Texas ~(fSJ 060 - ~
Streets
Detail of Expenditures
Actual Budget Estimated Adopted
2003-04 2004-05 2004-05 2005-06
Personal Services:
1010 Regular Earnings 968,458 1,031,817 961,407 995,842
1020 Overtime 24,903 27,000 27,000 27,000
1030 Certification 994 1,040 1,144 1,248
1035 Longevity 15,844 17,024 16,380 16,320
1060 FICA 74,960 80,006 72,378 76,332
1065 Retirement 119,149 128,136 122,753 131,063
1080 Insurance - Medical 140,000 144,200 144,200 168,000
1081 Insurance - Life 1,182 835 819 835
1099 Attrition (35,000)
Personal Services Subtotal 1,345,490 1,395,058 1,346,081 1,416,640
Supplies:
2001 Office Supplies 937
2003 Protective Clothing 444 850 700 850
2004 Gas and Oil 43,715 43,641 55,488 64,872
2005 Minor Tools 949 1,000 1,000 1,000
2007 Chemical 13,165 30,000 29,000 30,000
2010 Traffic 25,832 27,500 27,500 27,500
2015 Other Supplies 1,427 1,400 1,400 1,400
2090 Machinery/Tools/Equipment 802 2,900 7,002 1,900
Supplies Subtotal 86,334 107,291 123,027 127,522
Services & Charges:
3001 Memberships & Subscriptions 237 210 350 350
3020 Training/Seminars 1,774 2,500 2,500 2,500
4002 Machinery/Tools/Equipment 11,428 12,000 14,000 3,000
4003 Radios and Base Stations 978 1,000 1,000 1,000
4004 Traffic Signal Maintenance 13,000
4015 Paving 99,985 154,000 153,000 155,000
4019 Rental of Equipment 650 2,000 220 220
4020 Motor Pool Lease Fees 170,370 151,200 151,200 188,136
4030 VM: Fleet Maintenance 246,860 240,833 240,833 247,239
4055 Computer Software 5,200 2,600 2,600 2,600
4060 Computer Lease Fees 4,896 3,147 3,147 2,271
4065 Computer Maintenance Fees 7,573 8,983 8,983 9,825
5002 Engineering 1,497 1,500 1,500 1,500
5007 Other Professional Services 585 800 940 1,000
6001 Uniforms 8,228 8,000 8,200 8,200
6002 Printing and Production 1,000
6009 Landfills Charges 683 1,000 1,500 1,000
7001 Electrical 4,272 4,500 4,000 4,500
Services & Charges Subtotal 565,216 594,273 593,973 642,341
Continued
City of La Porte, Texas
Streets, Continued 001-7071-531
Detail of Expenditures
Actual Budget Estimated Adopted
2003-04 2004-05 2004-05 2005-06
Capital Outlay:
8021 Machinery /T ooIs/Equipment 5,200
8027 Traffic Control Devices 3,000 3,000 3,000
8029 Paving 26,840 50,000 45,000 50,000
Capital Outlay Subtotal 26,840 58,200 48,000 53,000
Division Total 2,023,880 2,154,822 2,111,081 2,239,503
Green, Shannon
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Subject:
Alexander, Cynthia
Monday, November 07, 2005 1 :50 PM
Green, Shannon; Dolby, Michael
FW: Grand Prairie: quarter-cent tax helps streets make the grade
For our meeting on street maintenance sales tax. c
-Original Message-
From: Lewis F. McLain, Jr. [mailto:lfm@citybase.net]
Sent: Thursday, October 27,20053:41 PM
To: Alexander, Cynthia
Subject: Grand Prairie: quarter-cent tax helps streets make the grade
Quarter-cent tax helps streets make the grade
Grand Prairie: Program rates roads, fixes those that need it most
12:00 AM CDT on Thursday, October 27,2005
By KATHY A. GOOLSBY/The Dallas Morning News
-fjrand Prairie residents approved two quarter-cent sales tax proposals since 1999 to
nprove city parks and streets. City officials said they wanted to give residents visible
bang for their bucks.
Two years after the first sales tax vote in 1999, Sycamore and Fish Creek parks had new
playgrounds; new restrooms were installed at Waggoner Park and Prairie Lakes Golf
Course; and paving was repaired or replaced at Nance-James Park, Mountain Creek
Soccer Complex and Kirby Creek Nature Center.
Dozens of other park projects were either finished, under way or in the planning stages.
Voters must have liked what they saw, because two years later, in November 2001, they
approved a quarter-cent sales tax for street improvements. That tax was re-approved in
May.
Evidence of the success of the street improvement tax is harder to pinpoint, especially in
the newer neighborhoods. That's because the tax can only be used to maintain roads,
not build new ones.
Grand Prairie streets are evaluated annually and given a grade of A, B, C or D. Most of
the work is done on the latter two grades, with the goal being to raise as many as
possible to an A or B level. Seventy percent of the roadways are rated A or B, compared
,....lpith 60 percent when the program started.
"Some we can go in and put on a protective overlay of asphalt," said Ron McCuller, city
public works director.
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"Others need more extensive repairs like taking out a panel of concrete and completely
..replacing it, or maybe doing some drainage work."
The program has generated $13.1 million. The funds have been used to improve 56
streets, repair 24 alleys and 94 miles of roadway, and eliminate 132 standing water
sites.
The street fund operates slightly differently from the parks program.
For one thing, officials operate the "sales tax street program on a cash basis," city
spokeswoman Amy Sprinkles said. "We only spend what we collect, and we collect $3 to
$4 million a year."
The park sales tax also generates $3 million to $4 million a year and has brought in
$20.9 million, said Elizabeth Walley, the city's finance director. Because the park sales
tax is perpetual, the city has used future revenues to issue $33.4 million in bonds.
The city also has chosen themes for each park. Parkhill Park has farmhouse-style
concessions, pavilions that look like barns and sidewalks with tractor tracks running
through them. McFalls East Park has a paleontology theme with dinosaur prints, and
Waggoner Park pays homage to the Cross Timbers region's native vegetation with
enlarged leaf prints stamped into the pavement.
..- oth Mr. McCuller and park planning manager Tim Shinogle said the sales tax
programs have helped upgrade the city's infrastructure.
"] think it's a great program because it's really enhanced our streets," Mr. McCuller
said. "Before, about all we were able to do was fix potholes and do spot repairs, but now
we're able to do more extensive work."
On the parks side, Mr. Shinogle said, most of the major work is winding down. Future
funds will be used for debt service and upkeep, with about $1 million left over annually.
"We're really trying to build first-class facilities that have a wow factor," Mr. Shinogle
said. "The ultimate goal is to improve every park, continue to grow with the community
and to have, as our mayor has said, a premier park system."
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Alexander, Cynthia
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(0:
Subject:
Lewis F. McLain, Jr. [news@citybase.net]
Sunday, November 13, 2005 12:00 PM
Alexander, Cynthia
Bay town: council weighs restructuring of street maintenance repairs
Council weighs restructuring of repairs
By Ryan Culver
Bay town Sun
Published November 13, 2005
City councilmen are exploring a new system to allocate money from the street
maintenance sales tax.
One option is to put the majority of the funding in council districts that have
the most need for repairs.
Councilman Scott Sheley expressed concerns this week over how the money is
currently distributed. In the past, the money was split evenly among the six
council districts. But this created a problem because the different districts'
needs are not equal in size and miles of streets, Sheley said.
"We have got to recognize that streets have got to stop being vote-getters,"
Sheley said. "In past leadership, it has been used for votes. I think council is
looking at things unselfishly now."
oters approved the quarter-cent sales tax for street repairs in May 2004. City
Hall predicted the sales tax would bring in about $1.5 million a year.
The original plan called for each district to get 3,000 linear feet of road
repairs to use in each district.
Sheley pointed out that this was not the best system for the city as a whole
because the 3,000 feet was not enough in some districts and way too much in
others.
For instance in District 4, Don Murray's district, the repairs scheduled for the
current work order add up to just more than 1,000 linear feet or 5.2 percent of
the total repairs, whereas in District 1, represented by Mercedes Renteria III,
is scheduled for almost 7,000 linear feet or 32.75 percent of the total repairs.
Councilmen Ronnie Anderson and Murray, whose districts' scheduled needs are well
under 3,000 linear feet, said they would not mind if the allocation was
restructured so that more funding could be used in the areas that need it. But
both said they would like the traffic on the streets to be a factor in
determining where to make repairs.
"Highly traveled streets are also used by taxpaying citizens," Murray said. "1
think there needs to be some kind of criteria where we can decide which streets
get repairs."
,~Sheley said he appreciates the fact that highly traveled thoroughfares get more
~raffic, but said he didn't know how to tell people that their citizenship was
not as important as others.
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"What it does is puts us on a plan that will bring us to equality," Sheley said.
"Far too often, I talk to people who ask why it has gotten this way."
~aytown Mayor Calvin Mundinger suggested reducing the total linear feet in every
Lstrict and putting the extra funding into a pool to use where it is needed.
while that idea is closer to what Sheley was trying to obtain, the flat rate
reduction in all districts could also be unfair.
The plan that probably reflects need most accurately is to distribute the funding
based on each district's percentage of the total need. That means Renteria's
district would receive 32.75 percent of the total budget, since his district
represents that much of the total need.
Council put off a decision on how exactly to divide the funding, but city staff
said they are ready to start making repairs as soon as council makes a decision.
Deputy City Manager Bob Leiper said he was ready to sign the work order as soon
as he knew what streets they would be fixing. He also pointed out that this
program was not designed to fix the streets in town that are in the worst
condition.
"These are middle ground streets that need rehab, not reconstruction," Leiper
said.
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Alexander. Cynthia
........F ro m :
ent:
."0:
Subject:
Lewis F. McLain, Jr. [Iewis@mclaindss.com]
Tuesday, September 21, 20047:21 AM
alexanderc@ci.la-porte.tx.us
Bay town: sales tax for street repairs, approved by 55 percent of voters, goes into effect
October 1
City sales tax increasing to 8 percent Oct. 1
By Kristopher Banks
Bay town Sun
Published September 21, 2004
BAYTOWN - Beginning a week from Friday, the sales tax rate goes up within city
limits to eight cents per dollar.
Voters approved a new quarter-cent tax, to be used exclusively for street
repairs, in the May 15 election with 55 percent of the vote. The new tax goes
into effect Oct. 1. The tax rate is currently 7.75 percent.
The sales tax increase means that for every $100 people spend in Bay town on
taxable items, they spend an extra quarter for sales tax. Non-taxable items
include groceries and medicine. The tax also does not apply to automobiles.
Money from the tax can only go toward repairing paved streets that existed on May
15, according to state law. The city estimates that the quarter-cent sales tax
will bring in $1.5 million per year, based on a 1 percent sales tax bringing in
~~6 million per year.
A state law grants smaller municipalities to charge up to two cents more than the
state sales tax, making 8.25 percent the maximum sales tax.
After the 6.25 percent state sales tax, 1 percent city general fund tax and half-
cent municipal development district tax within Harris County, the city has room
to charge up to a half-cent more on sales taxes under state law.
The tax is not required to have a governing board by law, and City Council will
determine how the money is used. Mayor Calvin Mundinger has suggested forming a
citizens committee to make recommendations on where the funds should be spent,
though he could not be reached Monday.
The city will use already-existing data on street conditions to determine which
streets are most in need of repair. The data exists from studies the cities used
to determine which streets should be repaired
City Clerk Gary Smith said city administration will recommend a three-pronged
approach to spending the tax money. Under the recommendation, $300,000 per year
would be spent on sealing cracks in road foundations, which is supposed to add
longevity to the road, and $200,000 per year on repairing concrete.
Two-thirds of the money, about $1 million, would be spent on rehabilitating about
six miles of road per year. Under this portion of the funding, if less than 35
__percent of a road needed repair, the surface would be milled off, the road's base
'epaired and new asphalt would be laid down.
Though city administration will make recommendations, Council will have to
1
approve, all contracts, Smith said. Council will discuss the tax at their meeting
Thursday.
2
Green, Shannon
-from:
mt:
10:
Subject:
Alexander, Cynthia
Tuesday, November 22, 2005 5:43 PM
Green, Shannon
FW: Bay town: paper says city should immediately revise shortsighted system of allocating
money from the street maintenance sales tax.
For meeting with Michael and ray mayo
-Original Message-
From: Lewis F. McLain, Jr. [mailto:news@citybase.net]
Sent: Friday, November 18, 2005 8:14 AM
To: Alexander, Cynthia
Subject: Bay town: paper says city should immediately revise shortsighted system of
allocating money from the street maintenance sales tax.
Prioritize roadwork
By David Bloom
Bay town Sun
Published November 18, 2005
-"aytown City Council should immediately revise the shortsighted system of allocating
money from the street maintenance sales tax.
The city should repair the worst roads first, giving special consideration to those that
are heavily traveled.
Currently, street tax dollars - about $1.5 million a year - are divided evenly among
the six council districts. However, street work requirements for each district present
different levels of need, size and scope and miles of streets. While an even split among
districts might be politically advantageous, that system ignores the city's most urgent
street repairs.
Of course, this debate also pits newer neighborhoods versus older ones, richer parts of
town versus much less affluent. It should not be that way. We all live in Bay town and
drive the streets.
The city's street-repair priorities seem unfocused with seldom-traveled streets being
repaved while heavily traveled routes are allowed to deteriorate until they become
hazardous. Like arteries and veins, if the streets aren't in good shape, the whole body of
the city suffers.
"'ere's a suggestion: evaluate the streets for general condition, whether the condition is
worsening rapidly, the present and anticipated traffic loads, whether the street and
area is due for water/sewer line projects and, lastly, the location - trying to spread
1
projects throughout town.
The result is that, in the future, the town's streets will be in better shape.
Look at prioritizing the street work like planning repairs at home.
Would a homeowner spend an equal amount of dollars per room - despite the fact that
the kitchen is in dire need of repairs and the back bedroom simply has a bad electrical
plug? Most people fix the worst problems first and move on down the list.
The city of Bay town should do the same.
The majority of the funding from the street sales tax should be spent where there is the
most need, regardless of council lines.
City Council members represent their districts, but their duty is to do what is overall
best for Bay town.
City crews are ready to start making repairs as soon as council makes a decision.
With street work clearly needing to be done and elections around the corner, there is no
reason for this decision to be dragged out any longer.
Today's editorial was written by David Bloom, managing editor of The Bay town Sun, on
- ehalf of the newspaper's editorial board.
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Green, Shannon
,...Erom:
lnt:
(0:
Subject:
Alexander, Cynthia
Wednesday, November 23, 2005 11 :57 AM
Green, Shannon; Dolby, Michael; Mayo, Ray
FW: Bay town: city okays new allocation system for street tax
For street maintenance meeting. c
-Original Message-
Sent: Wednesday, November 23, 2005 8:26 AM
To: Alexander, Cynthia
Subject: Bay town: city okays new allocation system for street tax
City OKs new allocation system for street tax
By Ryan Culver
Bay town Sun
Published November 23, 2005
BAYTOWN - City Council approved using a proportional method to allocate street
repairs for the street maintenance sales tax.
he new method gives each council district repair funding based on the proportion of
all the streets that need repairs located in that district. That means if a council district
that has 20 percent of the total streets in the program will receive 20 percent of the
funding.
"This seems like a very logical way of going about it," City Manager Gary Jackson said
Tuesday. "It takes into account the amount of streets in each district."
Now each councilmember has the opportunity to go back and pick what streets in their
respective districts need repairs first. Then city staff will look at the street selections to
ensure the streets in most need are at the top of the list. The streets in this program are
not the worst streets in town; rather they are streets that are in need of repair, not
replacement, to the top layer as to extend the life of the street.
"There are needs in every district," Mayor Calvin Mundinger said at a special meeting
Tuesday. "But there are clearly larger needs in some districts that others."
Councilman Ronnie Anderson questioned as to the method each councilman might use
to select streets. Anderson said he wanted to make especially sure, since his district is
giving up many linear feet of repairs in the new allocation method, that councilmen
.JPere using their budget to fix streets based on the amount of traffic along it.
"We will make sure we address streets that are the most used," said Councilman
Mercedes Renteria III, whose district will receive the most repair funding because of the
1
change.
Deputy City Manager Bob Leiper pointed out that council could address any concerns
.- ver street selection before the work order goes out.
"Council as a whole will have an opportunity to review the entire list before approving
it," Leiper said.
Council set the first meeting in January as the deadline for submitting their
preliminary street list to city staff. Administrators anticipate the work to actually start
sometime at the end of January.
In other council news, the new police academy was officially named after retired
assistant chief Bob Merchant.
The academy will provide a place for Bay town police officers and officers from other
departments to train. Police officers are required to train frequently, and having a
local place to train will be a great benefit to local law enforcement. The project to build
the academy started around seven years ago and Merchant was a big part of the
process.
Merchant has been involved with Bay town police for almost 50 years. His dedication to
the police academy project and continued education led officials to name the building
in his honor.
'.Everyone felt it was an honor to bestow the name on chief Merchant," Bay town police
Chief Byron Jones said. "We felt it was fitting; he has been through three city managers
to ensure this project made it to completion."
Jackson said he expects a ribbon cutting for the new academy, situated just south of the
police station on N. Main Street, to take place sometime in January.
-
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