HomeMy WebLinkAbout2006-06-26 Regular Meeting of City Council
5
A
MINUTES OF REGULAR MEETING
OF THE LA PORTE CITY COUNCIL
June 26, 2006
1. CALL TO ORDER
The meeting was called to order by Mayor Alton Porter at 6:08 p.m.
Members of City Council Present: Mayor Alton Porter, Council members Tommy Moser,
Mike Mosteit, Louis Rigby, Barry Beasley, Chuck Engelken, Mike Clausen, Howard Ebow
and Peter Griffiths.
Members of Council Absent: None.
Members of City Executive Staff and City Em~loyees Present: City Manager Debra
Feazelle, Assistant City Manager John Joerns, Assistant City Attorney Clark Askins,
Assistant to the City Manager Crystal Scott, Public Works Director Steve Gillett, Planning
Director Wayne Sabo, Assistant City Secretary Sharon Harris, City Secretary Martha Gillett
and Parks and Recreation Director Stephen Barr.
Others Present: Alan Neel, Mr. & Ms. Cowart, Sue Gale Mock Kooken and other citizens.
2. Alan Neel of Life Community Church of La Porte delivered the Invocation.
3. Mayor Porter led the Pledge of Allegiance.
4. PRESENTATIONS / PROCLAMATIONS
Mayor Porter presented a Distinguished Budget Award to Assistant Finance Director
Michael Dolby and Budget/Investment Officer Shelley Wolny finance department.
5. Consent Agenda
A. Consider approving Minutes of the Special Called Regular Meeting held on June 7,
2006 and the Regular Meeting, Public Hearing and Workshop Meeting of City
Council held on June 12, 2006.
B. Council to consider approval or other action regarding adopting an ordinance
amending Fiscal Year 2005-06 Budget for $38,261 in the Grant Fund for Park Zone
#5 expenditures.
C. Council to consider approval or other action regarding an ordinance authorizing and
approving the conveyance of part ofTR 5A (1.916 Acres) our of2.8678 Acre Tract
W.P. Harris Survey, abstract 30, to Teria Media Ltd.
D. Council to consider approval or other action regarding an ordinance authorizing an
interlocal agreement with Harris County for debris removal and disposal services.
Councilmember Moser inquired on item B as to why the Park Zone is being moved
to grant fund 32. Assistant Finance Director Michael Dolby advised it is per auditor
requirement.
City Council Regular Meeting - June 26, 2006
Page 2
Motion was made by Council member Engelken to approve the consent agenda as
presented. Second by Council member Clausen.
Motion carried.
Ayes: Mosteit, Moser, Beasley, Engelken, Griffiths, Rigby, Clausen, Ebow 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.
There were no citizens wishing to speak.
Councilmember Engelken advised he was signing a disclosure statement with the City
Secretary's Office and will step down from the table for items 7 and 8.
7. Council to consider approval or other action regarding an ordinance granting Centerpoint
Energy Houston Electric, LLC the right, privilege and franchise to use the public rights-of-
ways and to use, license, or exploit the company's facilities within the public rights-of-way
to conduct an electric delivery business in the city and for such other business purposes as
the company may desire from time to time, specifically including, but not limited to granting
of access to those facilities for the delivery of broad band over power lines or similar service
within the City of La Porte.
City Manager Debra Feazelle presented summary for discussion item. This was a discussion
item only and no action was taken.
8. Council to consider approval or other action regarding an ordinance approving an agreement
between the City and Center Point Energy Houston.
City Manager Debra Feazelle presented summary and recommendation and answered
Council's questions.
Assistant City Attorney Clark Askins read ORDINANCE 2006-2899 - AN ORDINANCE
APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA
PORTE AND CENTERPOINT ENERGY HOUSTON ELECTRIC; MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion was made by Council member Beasley to approve Ordinance 2006-2899 as
presented by Ms. Feazelle. Second b~,Council member Griffiths. The motion carried
6f.eff!"lO()l.A.lrl prl'JV\') 1'"ltiBI1:
Ayes: Mosteit, BeasleY?1"ts, 11. II, Griffiths, Clausen, Ebow, Moser, Rigby and Mayor
Porter.
Nays: None
Abstain: None
City Council Regular Meeting - June 26, 2006
Page 3
9. Council to consider approval or other action regarding an ordinance amending Chapter 10 of
the Code of Ordinances and Appendix-A Fees to harmonize City of La Porte coin-operated
machine tax rate with requirements of Texas Occupations Code.
City Attorney Clark Askins presented summary and recommendation and answered
Council's questions.
Assistant City Attorney Clark Askins read: ORDINANCE 2006-2837-B -AN
ORDINANCE AMENDING "APPENDIX A, FEES, " OF THE CODE OF ORDINANCES
OF THE CITY OF LA PORTE; CONTAINING A REPEALING CLAUSE; CONTAINING
A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREROF.
City Council requested a list of citizens who are eligible for consideration of a refund.
Motion was made by Council member Griffiths to approve the Ordinance 2006-2837-B as
presented by Mr. Askins. Second by Council member Ebow. The motion carried
Ayes: Mosteit, Moser, Beasley, Engelken, Griffiths, Rigby, Clausen, Ebow and Mayor
Porter.
Nays: None
Abstain: None
10. Council to consider approval or other action regarding an ordinance approving and
authorizing an agreement between City of La Porte and TEXCOR Construction for the
paving and extension of North 2nd Street and directed staff to withhold a notice to proceed
pending the receipt and acceptance of additional CDBG funding from Harris County.
Planning Director Wayne Sabo informed Council this item needs to be tabled until additional
information is received from Harris County.
Assistant City Attorney Clark Askins read: ORDINANCE 2900 AN ORDINANCE
APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA
PORTE AND TEXCOR CONSTRUCTION SERVICES CO., FOR PAVING AND
EXTENSION OF NORTH 2ND STREET; APPROPRIATING $132,936.32 TO FUND SAID
CONTRACT, BUT CONDITIONING APPROVAL AND FUNDING OF SAID
CONTRACT ON RECEIPT OF ADDITIONAL GRANT FUNDS FROM HARRIS
COUNTY; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREROF.
Motion was made by Council member Beasley to table the Ordinance 2006-2900 as
presented by Mr. Sabo. Second by Council member Rigby. The motion carried
Ayes: Mosteit, Beasley, Engelken, Griffiths, Rigby, Clausen, Ebow and Mayor Porter.
Nays: Moser
Abstain: None
11. Council to consider approval or other action regarding establishing the size of the safety
zone and consider the implementation of the proposed ordinance.
City Council Regular Meeting - June 26, 2006
Page 4
Chief Richard Reff presented summary and recommendation and answered Council's
questions.
Assistant City Attorney Clark Askins read: ORDINANCE 290 I-AN ORDINANCE
AMENDING CHAPTER 42 "MISCELLANEOUS OFFENSES" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY ADDING ARTICLE V
"REGULATION OF SEX OFFENDER RESIDENCY" MAKING IT UNLAWFUL FOR
CERTAIN SEX OFFENDERS TO RESIDE WITHIN 1000 FEET OF PREMISES WHERE
CHILDREN GATHER; PROVIDING FINDINGS OF FACT AND OTHER MATTERS
RELATED THERETO; PROVIDING AFFIRMATIVE DEFENSE; PROVIDING FOR A
PENALTY; PROVIDING A SEVERABILITY CLAUSE; CONTAINING AN OPEN
MEETINGS CLAUSE; PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Barry Beasley advised staff to keep City Council updated on lawsuits.
Motion was made by Council member Griffiths to approve the Ordinance 2901 adopting
1000 ft. as presented by Mr. Reff. Second by Council member Clausen. The motion carried
Ayes: Mosteit, Moser, Beasley, Engelken, Griffiths, Rigby, Clausen, Ebow and Mayor
Porter.
Nays: None
Abstain: None
12. Council to consider approval or other action regarding an ordinance appointing members to
the Chapter 172 Board.
Mayor Porter presented summary ~nd recommendation and answered Council's questions.
Assistant City Attorney Clark Askins read: ORDINANCE 2004-2782-K-AN
ORDINANCE APPOINTING MEMBERS TO VARIOUS BOARDS, COMMISSIONS,
AND COMMITTEES, OF THE CITY OF LA PORTE; PROVIDING A SEVERABILITY
CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH
THE OPEN MEETINS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Council member Beasley to approve the Ordinance 2004-2782-K
appointing Tina Fregia to the Chapter 172 Board and creating and appointing George Van
Dyke to Alternate Citizen Position 1. Second by Council member Griffiths. The motion
carried
Ayes: Mosteit, Moser, Beasley, Engelken, Griffiths, Rigby, Clausen, Ebow and Mayor
Porter.
Nays: None
Abstain: None
13. It was the consensus of Council to direct IT to work on a request for proposal for Fiber
Optics.
IT Manager Al Owens presented summary and recommendation and answered Council's
questions.
City Council Regular Meeting - June 26, 2006
Page 5
14. City Council discussed appointing a committee to study traffic at Ports in the near future.
A Councilmember suggested someone from the City Secretary's Office may need to attend
meetings and take notes.
Until a committee is appointed Councilmembers Mosteit and Moser will be available as
needed.
July 5t\ 2006 is the next meeting on Barbours Cut Blvd. problems, with trucking company
representatives and ILA. Additional meetings with Port of Houston and Harris County
continue.
15. Administrative Reports
City Manager Debra Feazelle reminded council City offices will be closed on Tuesday, July
4,2006 in observance ofIndependence Day and the July 4th Celebration Parade beginning at
North 8th & Main Street and Veterans Memorial at old City Hall located on 2nd Street. Ms.
Feazelle reminded Council of budget meetings to be held August 14 through 18. It was
noted safety committee is still working to improve safety program and had popcorn and soft
drinks at City facilities. The Code Enforcement positions are being filled and she reminded
Council this may generate additional phone calls and enforcement efforts will be increasing.
Lastly, she noted a meeting was held June 28th regarding Project Stars and Sylvia Garcia's
fundraiser will be supporting Project Starts this year since she did not have an opponent.
16. Council Comments
Rigby, Moser, Beasley, Griffiths, Ebow, Engelken, Mosteit, Clausen and Mayor Porter had
comments.
17. 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)
18. There were no executive sessions items.
19. There being no further business to come before Council, the Regular Meeting was duly
adjourned at 7:35 p.m.
Respectfully sub:~ / j // ..I
M'-ilJd1it!TItM'c!:CM'C/
City Secretary
City Council Regular Meeting - June 26, 2006
Page 6
~ed and app:~ this 10th day of July 2006
~/\!~
Mayor Alton E.Porter
D
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested July 10,2006
Request&it}l~ttomey
Appropriation
Source of Funds:
Department:
Mayor aAQ Ci~' CO'lAdl
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Amount Requested:
Exhibits:
Ordinance
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
At the Monday, June 26, 2006 council meeting City Council unanimously passed the proposed sex offender
residency ordinance, establishing a safety zone of 1000 feet. As structured the ordinance allows a maximum fine of
$500, but specifies that council is required to subsequently establish the exact fine amount by enacting an
amendment to Appendix B -Fines, of the Code of Ordinances.
Enclosed is proposed ordinance amending Chapter 42 of Appendix B - Fines, setting the fine at the maximum
allowable rate of $500, as permitted under State law.
Action Required bv Council:
Recommendation is to approve the ordinance amending Chapter 42 of Appendix B. Fines, of the Code of Ordinances"
setting a fine of $500 for each violation.
A
~.
1- s-qk
Date
ORDINANCE NO. 2006-;' 0DJ~11
AN ORDINANCE AMENDING CHAPTER 42 OF APPENDIX B, FINES,
nMISCELLANEOUS OFFENSEsn, OF THE CODE OF ORDINANCES OF THE CITY OF
LA PORTE, BY ADDING NEW ARTICLE V, nREGULATION OF SEX OFFENDER
RES IDENCY n , CONTAINING A REPEALING CLAUSE, CONTAINING A
SEVERABILITY CLAUSE, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW,
AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. Chapter 42 of Appendix B -- Fines, "Miscellaneous
Offenses," is hereby amended by adding Article V, "Regulation of
Sex Offender Residency", and shall hereafter read as follows, to-
wit:
"Article V. Regulation of Sex Offender Residency
(a) Fine for violation of this article.... 500.00
42-106"
Section 3. All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict only.
Section 4. If any section, sentence, phrase, clause, or any
part of any section, sentence, phrase, or clause, of this Ordinance
shall, for any reason, be held invalid, such invalidity shall not
affect the remaining portions of this Ordinance, and it is hereby
declared to be the intention of this City Council to have passed
each section, sentence, phrase, or clause, or part thereof,
irrespective of the fact that any other section, sentence, phrase,
or clause, or part thereof, may be declared invalid.
Section 5.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 6. This Ordinance shall be in effect from and after
its passage and approval.
The fees in this ordinance shall be
effective upon passage and approval of this ordinance, unless
otherwise indicated.
PASSED AND APPROVED, this I rJI-- day Of~,L Ii ' 2006.
CITY OF LA P RTE
By: ~cY~
Alton E. Porter
Mayor
ATTEST:
~~a. it ~lLlL
Mar ha A. Gillet
City Secretary
APPROVED:
~rd~
Cr. Askins
Assistant City Attorney
2
F
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Reqeusted: Julv 10. 2006
Requested By: M. Gillett
Appropriation
Source of Funds:
Department:
City Secretary
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits: Ordinance 1000-I-Q
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
Ordinance lOOO-l-Q, if approved, would allow a new applicant to sell beer and lor wine at Baytown Seafood
Restaurant. The City has processed the new application and it meets Code of Ordinances regulation on past due
taxes, police investigation and inspections. It is recommended City Council approve to lOOO-I-Q granting an
alcohol permit to Baytown Seafood Restaurant.
Action Required bv Council:
Consider approval of Ordinance IOOO-l-Q.
Approved for City Council A2enda
1-5- t)~,
Date
ORDINANCE NO.1 000-1-Q
AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, AMENDING CHAPTER 6,
SECTION 6-78 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY
ADDING AN AREA AT A RESTAURANT WHERE WINE AND/OR BEER FOR
CONSUMPTION ON THE PREMISES MAY BE SOLD; FURTHER PROVIDING A
SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of La Porte has, in Chapter 6 of the Code of Ordinances of
the City of La Porte, regulated the location, closing hours, and sale of wine and/or beer
on premises in accord with provisions of Texas Codes Annotated, Alcoholic Beverage
Code, Chapter 105, Section 105.05 and Section 105.06; and in accord with the
provisions of Texas Codes Annotated, Alcoholic Beverage Code, Chapter 109,
Subchapter C, Section 109.31 et seq; and
WHEREAS, the Code of Ordinances of the City of La Porte expressly limits the
locations at which wine and/or beer may be sold in the City, and further expressly
identifies the names of establishments and permit holders authorized to sell wine and/or
beer under the terms of said Code; and
WHEREAS, a new applicant desires to sell wine and/or beer at a location
previously permitted in the Chapter 6 of the Code of Ordinances of the City of La Porte;
and
WHEREAS, the City has, pursuant to the terms of said Code, made its
investigation to ascertain whether said new applicant has qualified for a beer and/or
wine permit from the City; and
WHEREAS, the City has determined that the new applicant qualifies for a beer
and/or wine permit from the City;
Ordinance No. 1000-1-~
Page 2
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF LA PORTE:
Section 1. Chapter 6, Section 6-78 of the Code of Ordinances of the City of La Porte is
hereby amended by granting a new permit for the operation of a restaurant, as defined
in said Code, at the following location, which permit shall be personal to the applicant,
and non-transferable, and shall be further conditioned that the permittee shall comply
with the provisions of the Texas Alcoholic Beverage Code, and all other applicable
federal, state, and local laws and ordinances, including other provisions of this
ordinance and the Code of Ordinances of the City of La Porte;
STREET ADDRESS OF PROPERTY: 1101 Highway 146 South
La Porte, TX 77571
LEGAL DESCRIPTION OF PROPERTY:
Lots 1 thru 6, and Tracts 7 and 31A and 32A, Block 1100,
Town of La Porte, Harris County, Texas.
PROPERTY OWNER: Mac Issara
NAME OF APPLICANT: Mac Issara
ADDRESS OF APPLICANT: 709 W. Main, Baytown, TX 77520
TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Baytown Seafood
Section 2. It is the intent of the City Council of the City of La Porte that this
Ordinance merely permit the sale of wine and/or beer during the hours set by the
general laws of the State of Texas by retailers selling wine and/or beer for consumption
on premises at the locations established in Section 1 of this Ordinance. This Ordinance
is not an attempt to create zoning or other land use rights in property owners at said
location, such that the provisions of Chapter 106 of the Code of Ordinances of the City
of La Porte, the City of La Porte Zoning Ordinance, together with all amendments
thereto (as such provisions impose standards on premises or businesses within the City
of La Porte, regardless of whether such business or premises are required to have a
Ordinance No. 1000-1-L
Page 3
license or permit under the Texas Alcoholic Beverage Code) govern and supersede the
provisions of this Ordinance, in the event of a conflict between this Ordinance and the
provisions of the Zoning Ordinance and amendments thereto. This application for wine
and/or beer for consumption on premises shall be subject to the provisions of:
a. The Texas Alcoholic Beverage Code;
b. Chapter 6 of the Code of Ordinances of the City of La Porte;
c. This Ordinance insofar as this Ordinance does not conflict with the provisions
of the Texas Alcoholic Beverage Code; and
d. The Zoning Ordinance of the City of La Porte, and all amendments thereto,
as such provision apply to all businesses within the City of La Porte,
regardless of whether or not such businesses are required to obtain a license
or permit under the provisions of the Texas Alcoholic Beverage Code.
Section 3. If any section, sentence, phrase, clause, or any part of any section,
sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid,
such invalidity shall not affect the remaining portions of this ordinance, and it is hereby
declared to be the intention of this City Council to have passed each section, sentence,
phrase or clause, or part thereof, irrespective of the fact that any other section,
sentence, phrase or clause, or part thereof, may be declared invalid.
Section 4. The City Council officially finds, determines, recites and declares
that a sufficient written notice of the date, hour, place and subject of this meeting of the
City Council is posted at a place convenient to the public at the City Hall of the City for
the time required by law preceding this meeting, as required by the Chapter 551, Tx.
Gov't Code; and that this meeting has been open to the public as required by law at all
Ordinance No. 1000-1-~
Page 4
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 5. This Ordinance shall be effective from the date of its passage and
approval, and it is so ordered.
PASSED AND APPROVED this the I dJ-- day of ;11 J I;
CITY OF LA PORTE
,2006.
~cy~
Alton E. Porter, Mayor
ATTEST:
~ ~
Marth~~
City Secretary
APPROVED: .~
,~, /'
~~,,/ ~/) /~l/ r
~1/1J}C (/V. ~~
Knox W. Askins,
City Attorney
,-
,-
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: Julv 10,2006
Requested By' Wavue J. ~
/
Department: Plannm!?:
Source of Funds:
NA
Account Number:
NA
Amount Budgeted: NA
Report: _Resolution: _Ordinance:_X_
Exhibits:
Ordinance
Aerial Map
P&Z Staff Report
Site Plan
SUMMARY
On June 15,2006, the Planning and Zoning Commission considered Special Conditional Use Permit #SCU 06-002
for a proposed office/warehouse facility to be located in the Underwood Business Park off Old Underwood Road
south of State Highway 225 and Union Pacific Railroad. Clay Development and Construction Inc., is seeking a
permit for construction of a 42,000 square foot office/warehouse building to be named 'Spec 14' along Porter Road
and Old Underwood Road, within the Underwood Business Park. Each additional reserve/phase of the project would
require a subsequent Special Conditional Use Permit. Each Plat or Site Plan submittal would be considered separately.
The site consists of approximately 207 acres located to the south of State Highway 225, Union Pacific Railroad, and
Battleground Industrial Park located at 101 Old Underwood Road. To the east of the park, associated detention was
constructed in Phase I. The first phase of the business park development started in May, 2005 with a project known as
"Poly One", which was completed earlier this year. A permit for construction of a 432,000 square foot
office/warehouse building and a 900,000 square foot building, to be used as a distribution center, was issued. These
buildings are currently under construction and will be partially rail served at a later stage. The primary access to the
park is along Porter Road, a 60' ingress/egress and utility easement, with access on Old Underwood Road.
The City's Comprehensive Plan intends for this area to develop with industrial uses, and the existing land uses of nearby
properties are primarily industrial. Considering the economic development within La Porte, the project has merits.
Public Notices were mailed to six (6) property owners. No responses were received. By unanimous vote, the Planning
and Zoning Commission has recommended City Council consider approval of Special Conditional Use Permit #SCU 06-
002.
Action Required bv Council:
1. Conduct a Public hearing.
2. Consider a Planning and Zoning Commission recommendation to approve Special Conditional Use Permit
#SCU 06-002 for a 9.046 acre tract out of::l:207 acres ofland located along Old Underwood Road south of
State Highway 225 and Union Pacific Railroad.
Approved for C;:itv Council A!?:enda
t)-5-lJ0
Date
ORDINANCE NO. 1501- G5"
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 #SCU06-002 FOR THAT CERTAIN
PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: 9.046 ACRE TRACT OUT OF :t207 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 AN OFFICEIWAREHOUSE FACILITY IN A PLANNED UNIT
DEVELOPMENT (PUD) ZONE; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
"Section 1. The City Council of the City of La Porte hereby finds, determines and
declares that heretofore, to-wit, on the 15th day of June, 2006, 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. On June 15, 2006, 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 on
the 19th day of June, 2006, 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-d
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 10th day of July, 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 conditions of the said Special Conditional Use Permit are as set forth
in the incorporated terms of the Special Conditional Use Permit, a true copy of which is attached
hereto as Exhibit "F". The description of said parcels of land classified pursuant to said Special
Conditional Use Permit is as follows, to-wit:
9.046 acre tract out of :t207 acres of land located along Old Underwood Road south of
State Highway 225 and UPRR; the Enoch Brinson Survey, Abstract-5, City of La Porte, Harris
County, Texas.
"Section 7.
The City Council of the City of La Porte hereby finds, determines, and
declares that all prerequisites of law have been satisfied and hereby determines and declares
that the amendments to the City of La Porte Zoning Map and Classification contained in this
Ordinance 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
ORDINANCE NO. 1501- c.5
Page 3
by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas
Government Code; and that this meeting has been open to the public as required by law at all
times during which this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
"Section 9. This Ordinance shall be in effect from and after its passage and approval.
Passed and approved this the I~ day of July ,2006.
CITY <p1\~ paRTEN. ~
By: ~.\~
ALTON PORTER, Mayor
ATTEST:
By~'Jffi1J
M R GILLE, City Secretary
APPROVED:
By ~ -r ~;;,
C RK ASKINS, Assistant City Attorney
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the
La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 15th
day of June, 2006, in the Council Chambers of the City Hall, 604 W. Fairmont Parkway, La Porte,
Texas. The purpose ofthis hearing is to consider Special Conditional Use Permit Request #SCU06-
002, which has been requested for a tract containing 9.046 acres ofland being Reserve A, in the
Underwood Business Park, located along Old Underwood Road. The property is further described
as a part and being out of a 206.990 acre tract in the F. A. STAASHEN Subdivision, the Enoch
Brinson Survey, Abstract 5, La Porte, Harris County, Texas. The Clay Development & Construction
Inc., is seeking approval of a permit for the proposed development of office warehouse facility for
SPEC 14 to be located within the park. As per ordinance, a Special Conditional Use Permit is
required for the proposed development to be located within a Planned Unit Development (P.U.D.).
A regular meeting of the Planning and Zoning Commission will follow the public hearing
for the purpose of considering the public hearing item and to conduct other matters pertaining to the
Commission.
Citizens wishing to address the Commission pro or con during the Public Hearing will be
required to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett, TRMC
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.
CXHlsn A
,-
UBLlC~P
.
"
iI
J,
(-
;E STATE OF TEXAS ::20 S. 8th Street
OUNTYOFHARRIS I-)orte, Texas 77571
It
s
t
;c~"~~::::,,\ rh e
~n e6 ~riviSiqn.~of 2':dc~
f' rdi c c- ' City
f La P e, an' provi-
ions 0 h' . . xas Local
lovernmentCode, notice
) hereby given that the La ,r of La Porte
'orte Planning and Zoning
;ommission will conduct a \mty of Harris
""UT1Oe1...,.""".... '!'""~....... ',-
Phase, II of the project. te of Texas
This phase of the develop-
ment will be 'warehouse
and distribution facilities in h d' d th 't th' d d
the pari<. A SpecialCondi- Dre me, t e un erslgne au on y, on IS ate came an
tio~al Use Permit is re- eared Sandra Bumgarner a duly authorized representative of
qUlred for the proposed! '
development to be 10,cated.1 Bayshore Sun a semi-weekly newspaper published and
withina .Planned Umt De- I ,. ,', ,
~~6~~~,n~g~r~7D'~f i:;Frally dlstn?uted In the City of La Porte, Harns County, T~xas and
COdeof,9rciinan?esof the I after being duly sworn, swears the attached notice was
City of La~Egr;;,::: 1ished in The Bayshore Sun dated QS/~~ 1 ! Op
'it> ,<'
);;~ir~ .Iarrneet-
ing' . .ofthe ,;ie1an.nl"g .an,d
Zoning .'. c;qmrT)~~~.lpf!. .~III
follow'" the 'p!Jb1lc'!:l.ElElnng
for. th~ .ii(J'rpo~~',~H.,C2rtsid-'
ering. the,Pl!b\lp'~Ela,ring
item .andtolpOnd!Jct.other
matters . pe~~irlin~;;4p'.the
commis~1o,r',:2/':'[!';/: '.
" . ~":,' ~:.. ~~':~.::, ~-~: ,,:_:'~-:,':~~;t:;: ':t ..'
. ,"ci.titerts'\yishing
to. . addresS the: (::om,n,is-
sion pro orcop'~uring"t,he
Public. Hearidg'.Y"iII~e're-,
ql)ired to sign,irlbElWrEl}~e
meeting is ,coDYElrl6,tt ': ;,,'
B
281-471-1234
Fax 281-471-5763
ITY 9F LA POR:rE
~~~
j
jra Bumgarner
j
, " ,'. '-,;~'-',~;'~'\
eriY 0", F'LA P9RT~ '
'. ;<;;'....,'..,-"-:,,,
";:-10
1,'-."
.nlL
and subscribed before me this
,2006.
~
n~
day of
Martha Gillett,TRMC
" City Secretary
~,..~<
*~~:
\1; . Ai
'I"r.,'/.'<<-
KAROlYN KELLOGG
MY COMMISSION EXPIRES
April 11, 2010
A quorum of City Council iln Ke gg
members may be present
and participate. in. 'disc,us-, y Pub lie
sions during thIS meetmg,
however, no action will be COU nty, Texas
taken by Council. '
This facility has disability
accommodations availa~ 1m mission Exprires
ble. Requests for accom-
modations or interpretive
services at meetings
should be made 48 hours
prior . to the meeting.
Please contact City Secre-
t" taty's office at (281) 471-
, 5020 orTDD Line (281)
471-5030, for further infor-
mation.
April 11 ,2010
~HJ8Jl .8
City of La Porte
Established 1892
June 19, 2006
Honorable Mayor Alton Porter and City Council
City of La Porte
Dear Mayor Porter:
The La Porte Planning and Zoning Commission held a public hearing on Special
Conditional Use Permit #SCU 06-002 on June 15,2006. The applicant, Clay
Development and Construction, Inc., seeks approval of a proposed office/warehouse
facility in the Underwood Business Park located along Old Underwood Road south of
State Highway 225.
The Planning and Zoning Commission, by unanimous vote (6-0), recommends that City
Council consider approval of a Special Conditional Use Permit #SCU 06-002, with a
change in condition #3 as listed in the SCUP that the applicant shall submit a truck
circulation and truck traffic plan to the City for review.
Respectfu ly Submitted,
P4' ~
Pat Muston
Chairperson, Planning and Zoning Commission
c: Debra B. Feazelle, City Manager
John Joerns, 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
"""';)C' ,'," · r-o. rf'" F'f
'P,' ~. ~ , ,,~, I ~ :
...-_....>.... ..",- ," "..'" ", /
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the
La Porte City Council will conduct a public hearing at 6:00 P.M. on the 10th day of July, 2006, in
the Council Chambers ofthe City Hall, 604 W. Fairmont Parkway, La Porte, Texas. The purpose of
this hearing is to consider Special Conditional Use Permit Request #SCU06-002, which has been
requested for a tract containing 9.046 acres ofland being Reserve A, in the Underwood Business
Park, located along Old Underwood Road. The property is further described as a part and being out
of a 206.990 acre tract in the F. A. STAASHEN Subdivision, the Enoch Brinson Survey, Abstract
5, La Porte, Harris County, Texas. The Clay Development & Construction Inc., is seeking approval
of a permit for the proposed development of office warehouse facility for SPEC 14 to be located
within the park. As per ordinance, a Special Conditional Use Permit is required for the proposed
development to be located within a Planned Unit Development (P.U.D.).
A regular meeting of the City Council will follow the public hearing for the purpose of
considering the public hearing item and to conduct other matters pertaining to the Council.
Citizens wishing to address the Council pro or con during the public hearing will be required
to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett, TRMC, CMC
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.
=XHIBll j)
TheB
City Hall, 604 W. Fairm
Parkway, ,.\) Pr;!!'4e, ''fex
The purpose of this he
ing is to consider Spel
281 471 1234 Conditional Use' Peri
- - Request #SCU06-ol
Fax 281-471-57tWhich has been request
for a tract containing 9.0
acres of land being A
serve A, in the UnderiNol
S Business Park, locatl
along Old UnderwOl
UIA, ,oad.,, The, property is'fL
ther described as a pc
I and being out of
206.990 acre tract in the I
A. STAASHEN Subdi\i
sion, the Enoch Brinso
,Survey, ,Abstract .5, L.
Porte,Ha~ris Coun~
Texas. The Clay Develoll
menta Construction Inc.
is seeking approval of ,I
,permit for the proposel
'development ,of officE
warehouse facility fOI
SPEC 14 to be. locatec
within the park. As per or.
. ,dinance, a Special Condi-
. tional Use Permit is re-
quired for' the proposed
development to be located
within a Planned Unit De-
velopment (P.U.D.).
820 S. 8th Street
La Porte, Texas 77571
City of La Porte
County of Harris
State of Texas
Before me, the undersigned authority, on this date came
appeared Sandra Bumgarner, a duly authorized representativ
The Bayshore Sun, a semi-weekly newspaper published
generally distributed in the City of La Porte, Harris County, Texa~
who after being duly sworn, swears the tt~:u'horl nf'\ti~p
published in The Bayshore Sun dated (
.~ ~O-'-
A regular meet-
ing of the City Council will
follow the public hearing
for the. purpose of consid-
ering the public hearing
item and to conduct other
ji, matters pertaining. to the
Council.
Sandra Bumgarner
Sworn and subscribed before me this
....}Uh~ ,2006.
~."....
l'IiO!"
l~''$-~
C: :*E
~~~...;-$:
'I'",9r.."
A. quorum of City Council
members may be. present
. and partiCipate in discus-
-::.sions during this meeting,
OGG fjowever, no action will be
KAROLYN KELI.: . . taken by Council.
MY COMMISSION EXPIA
April 11. 2010..,.
arolyn Kellog
Notary Public
Harris County, Texas
My Commission Exprires April 11 , 2010
~~.xHI8n E
City of La Porte
Special Conditional Use Permit # SCU 06-002
This permit is issued to:
Clav Development & Construction, Inc.
Owner or Agent
800 Gessner, Suite 850, Houston TX 77024
Address
For Development of:
Underwood Business Park (SPEC 14)
Development Name
Old Underwood Road at State Hiqhwav 225
Address
Legal Description:
9.046 acres of land beinq Reserve "A" in a 206.990 acre tract
Out of Enoch Brinson Survey, A-5, La Porte, Harris County, TX.
Zoning:
Planned Unit Development (PUD)
Use:
Office/warehousinq facilitv
Permit Conditions:
1. This Special Conditional Use Permit (SCUP) is not applicable to any other specific
development anticipated or proposed by General Plan.
2. This SCUP outlines, in general terms, the proposed Planned Unit Development. The
developer recognizes and understands that any future construction or development of the
private or public improvements anticipated by this SCUP and the General Plan shall require
further submittal and approval of plats, site plans, construction drawings, engineering
analysis, covenants, etc.
3. The applicant shall submit the truck circulation and truck traffic plan to control vehicles
turning southbound on Underwood Road.
4. Provide on-site improvements, loading and unloading rampslbays that adequately handle the
volume associated with this office/ warehousing facility.
5. Fire truck access, fire suppression requirements, and fire hydrant placement shall be
specified on the plans.
6. A site plan and/or separate plans shall be submitted in conjunction with the building permit
application. Landscaping is required in percentages specified in Section 106-522 of the
Code of Ordinances.
7. Provide detailed landscape and screening plans during site plan submittal. Allow existing
trees and shrubs to remain as natural buffer.
8. Provide an irrigation system to ensure that all landscaping and screening is properly
maintained by the owner/developer.
9. Participation in the improvement of Old Underwood Road shall be required.
10. The Developer shall comply with all other applicable laws and ordinances of the City of La
Porte and the State of Texas.
Failure to begin construction within 12 months after issuance or as scheduled under the terms of a special
conditional use permit shall void the permit as approved, except upon an extension of time granted after
application to the Planning and Zoning Commission.
If construction is terminated after completion of any stage and there is ample evidence that further development is
not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City
Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La
Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped.
~~s~v
Underwood Business Park
Staff Report
June 15, 2006
ReQuested by:
ReQuested for:
Location:
Present Zonine::
ReQuested Use:
Backe:round:
Analvsis:
Underwood Business Park
Office Warehouse Facility SPEC Building #14
Special Conditional Use Permit #SCU 06-002
Clay Development & Construction Inc.
c/o Danny Martin
9.046 acre tract out of 206.990 acres of land in the Enoch Brinson
Survey, Abstract 5, described as parcel 1 under the Harris County
Clerk's File No. M032856, La Porte, Harris County, Texas.
Old Underwood Road and State Highway 225
Planned Unit Development (PUD)
Office/W arehouse
A business park site consisting of approximately 207 acres located to
the south of State Highway 225 and the Battleground Industrial Park
located along Old Underwood Road. Underwood Business Park is an
approved business/industrial complex located within the Planned Unit
Development (PUD) Zone along Old Underwood Road. At this time,
the developer is proposing an office/warehouse facility consisting of
42,000 sq. ft. on a parcel of land being all of Reserve A in the
Underwood Business Park. The facility will have an entrance along
Porter Road, a 60' wide ingress/egress and utility easement within the
park off Old Underwood Road, access through Battleground Road and
State Highway 225.
The subject property is zoned Planned Unit Development (PUD).
Development in a PUD zoning district requires an application for a
general plan be filed and processed simultaneously with the Special
Conditional Use Permit.
The first phase of this project was initiated in May 2005 with the
development of Poly One Corporation located at 9710 Porter Road.
This office/warehouse facility consists of approximately 131,250 sq.
ft. The second phase of the business park, consisting of 423,870 sq. ft.
and 900,000 sq. ft. buildings were approved as Underwood
Distribution Center.
Section 106-659 of the Code of Ordinances establishes the following
criteria for review ofthe development projects within a PUD zone.
Land Use - The City's Land Use Plan shows this area developing with
industrial uses. The existing land uses of nearby properties are
primarily industrial. The Battleground Industrial Park is located just
Underwood Business Park
seup #06-002
6/15/06 P&Z Meeting
Page 2 of3
Conclusion/
Recommendation
north of this development. In addition, the Battleground Industrial
District - Extra Territorial Jurisdiction (ETJ) of La Porte is located
north of State Highway 225.
Transportation - The project is located near State Highway 225 and
Battleground Road, a primary arterial and major truck route. As a result,
this project provides more than adequate accessibility for circulation of
traffic. All traffic entering/existing will be through Porter Road along
Old Underwood Road. There should be very limited impact on traffic
flow within the vicinity, even after full implementation of the said
business park. In addition, the traffic shall not be directed south of
Underwood Road.
Topography - This area is relatively flat and stable and should not be
an obstacle to this type of development.
Utilities and Drainage - Public facilities and services are sufficient to
handle the supply of potable water, but require upgrading for fire
protection in the area. In addition, provisions must be made to ensure
sufficient utility extensions are provided to serve this development.
Storm water drainage will be managed by on-site detention to mitigate
any adverse impacts associated with this proposed development.
Staff feels that the project has potential and would make a significant
impact on economic development within the City of La Porte. Based
on the above analysis, staff recommends approval of the General Plan
and Special Conditional Use Permit with the following conditions:
.
This Special Conditional Use Permit is not applicable to any
specific development anticipated or proposed by the General Plan.
.
This SCUP outlines, in general terms, the proposed Planned Unit
Development. The developer recognizes and understands that any
future construction or development of the private or public
improvements anticipated by this SCUP and General Plan shall
require further submittal and approval of plats, site plans,
construction drawings, engineering analysis, covenants, etc.
Underwood Business Park
seup #06-002
6/15/06 P&Z Meeting
Page 3 of3
· As stated, the applicant shall take a comprehensive look at truck
circulation and truck traffic to control vehicles turning
southbound on Underwood Road.
· Provide on-site improvements, loading and unloading ramps/bays
that adequately handle the volume associated with this office/
warehousing facility.
· Fire truck access, fire suppression requirements, and fire hydrant
placement shall be specified on the plans.
· A site plan and/or separate plans shall be submitted in conjunction
with the building permit application. Landscaping is required in
percentages specified in Section 106-522 of the Code of Ordinances.
· Provide detailed landscape and screening plans during site plan
submittal. Allow existing trees and shrubs to remain as a natural
buffer.
· Provide an irrigation system to ensure that all landscaping and
screening is properly maintained by the owner/developer.
· Participation in the improvement of Old Underwood Road shall be
required.
· The Developer shall comply with all other applicable laws and
ordinances of the City of La Porte and the State of Texas.
Options available to the Commission are:
· Recommend to Council approval of this SCUP with additional
conditions.
· Recommend to Council denial of this SCUP.
· Continue the public hearing at the Commission's next regular
meeting to allow additional testimony and further study of this item.
This results in tabling any action on this item.
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CAlLEOCENT(flUNE
(lHERPRlSE PRODUCTS
~C.;r::.E fl~~5~t4E"Sr.lT.
MOUNTfl/C
SIGN ON BLOC
PROP. 120' X 350'
WAREHOUSE FACILITY
(42,000 SQ. FT.)
F.F.=31.50
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8
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lIO'~lCR[$S~1.IllL6lIT.
PARKING PROVlOED:
REGULAR: 65
H/C: 4
69
SITE= 9B,917 S.F. TOTAl
CONCRETE PAVING
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LETTERS>
H.C. PARKING
SIGN
SCALE_ n."t,..
,. OQHC. _If:' .,.. cIC ~w.
MEDIUM DUTY ACCESS DRIVES
(PRIVATE)
1
BAA =u:
~........
o 15 JO 60
SCAU.::l"..;50'
OI'ftCI:"~rllClUr't"*:
SPEC 14
VICINITY MAP
KF,V MAP# 539....J
FLOODPLAIN INJ<'ORMATlON
THIS TRACT OF LAND LIES OUTSIDE THE
50D-YEAR FLOOD PLAIN (ZONE ~X"),
ACCORDING TO F.E.M.A. FEDERAl
INSURANCE RATE MAP NO. 48201C09.30 J;
SAID MAP REVISED: NOVEMBER 6, 1996.
BENCIIMARK
BENCHMARK: HGeSe 42, ELEV.= 25.1,
REF.TO NAQ 83, (GPS aBS - GEOID99). 0.3
MILES NORTH ALONG MILLER cur -OFF RD.
fROM INTERSECTION OF MILLER CUT -OFf RD.
& ST.HWY. 225 AT MARK TO RIGHT INSIDE
SECURITY FENCE OF "DRAGO SUPPLY CO. H
LEGAL DESCRIPTION
A TRACT OR PARCEL OF LAND CONTAINING
9.046 ACRES OF LAND BEING ALL OF
RESERVE ~A ~ IN THE UNDERWOOD BUSINESS
PARK SUBDIVISION, LOCATED IN THE ENOCH
BRINSON SURVEY, ABSTRACT 5, HARRIS
COUNTY, TEXAS, BEING OUT OF AND A PART
OF THAT CERTAIN CALLED 206.990 ACRE
TRACT OF RECORD IN THE NAME Of" SL JOE
PAPER COMPANY IN HARRIS COUNTY CLERK'S
FILE (H.C.C.F.) NUMBER M032856
o (~ ~'.J/" ~~)
800 GESSNER, SUITE 850
HOUSTON, TEXAS 77024
PHONE (713)789-2529
FAX (713)782-3755
m;' SITE PLAN
96
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C1.0
9/10
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Article VIII; S. 82-477 of the City's Code of
Ordinances, notice is hereby given that the La Porte City Council will conduct a Public Hearing
at 6:00 P.M. on the 10th day of July, 2006, in the Council Chambers of the City Hall, 604 West
Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider condemnation of
the following structures that have been found by the Board of Inspection to be dangerous
(substandard) and a nuisance.
1) 2910 & 2910 ~ Old Hwy. 146 (S. Broadway)
Single-family dwelling & mobile home in a Planned Unit Development (PUD) Zone
Legal: Tr. 5B; Abst. 30, W. P. Harris
Tax Roll: Gary Bass - 10101 N. Avenue P - La Porte, Tx 77571-9431
Deed: Terramedica Ltd. - 1213 Hermann Dr. #530 - Houston, Tx 77009
2) 106 Bay Oaks Dr.
Single-family dwelling in Low Density Residential (R-l) Zone
Legal: Blk. 12; Lots 11,12; Bay Oaks
Tax Roll: William P. Felscher - 106 Bay Oaks Rd. - La Porte, Tx 77571-7004
Deed: William P. Felscher - 3038 Layne St. - La Porte, Tx 77571
3) 202 Forest Avenue
Old lodge building in a High Density Residential (R-3) Zone
Legal: Blk. 15; Lots 1-3; Sylvan Beach
Tax Roll: Richard H. Harrison - 4545 Elm St. - Bellaire, Tx 77401-3717
Deed: Richard H. Harrison - 4545 Elm - Bellaire, Tx 77401
4) 819 W. Main
Commercial building in a Main Street Overlay (MSO) District
Legal: Blk. 44; Lots 3,4; La Porte
Tax Roll: Sybil Fry - 102 Sylvan St. - La Porte, Tx 77571-6438 (Deceased)
Deed: Sybil Fry - 102 Sylvan St. - La Porte, Tx 77571
Other: Stanley D. Sherwood - 1600 Roscoe - La Porte, Tx 77571 (Son)
5) 602 E. Main
Single-family dwelling in Low Density Residential (R-l) Zone
Legal: Blk. 92; Lots 2-5; Bayfront
Tax Roll: Collen M. Applebe - 602 E. Main St. - La Porte, Tx 77571-5522
(Deceased)
Deed: Colleen Massey Applebe - 602 E. Main - La Porte, Tx 77571
Other: Russell Applebe - 318 Jamison - La Porte, Tx 77571 (Son)
Notice of Public Hearing Con't ...
Page 2 of3
6) 525 N. 3rd Street
Single-family dwelling in Mid Density Residential (R-2) Zone
Legal Description: Blk. 105; Lots 29,30; La Porte
Tax Roll: City of La Porte
1998 Tax Resale: Joe Booker % East Texas Investment Group - 1019
Pinewood Ln. - Seabrook, Tx 77586
7) 417 N. 4th Street
Single-family dwelling in Low Density Residential (R-l) Zone
Legal: Blk. 89; Lots 25,26; La Porte
Tax Roll: Loretta Y. Walker - 300 Spencer Landing E. - La Porte, Tx 77571-9155
Deed: Adrianne Walker - 9999 Spencer Hwy. - La Porte, Tx 77571
Carmen Walker - 3106 Eagles Nest Dr. - La Porte, Tx 77571
Cara L. Walker & Brandon Walker - 300 Spencer Landing E. -
La Porte, Tx 77571
8) 428 N. 4th Street
Single-family dwelling in Low Density Residential (R-l) Zone
Legal: Blk. 88; Lots 1,2; La Porte
Tax Roll: Daniel Baker - 417 N. 300 St. - La Porte, Tx 77571-3415
Deed: Daniel Baker - 417 North 300 St. - La Porte, Tx 77571
9) 306 N. 5th Street
Single-family dwelling in Low Density Residential (R-l) Zone
Legal: Blk. 80; Lots 13,14; La Porte
Tax Roll: Estella Monroe - 306 N. 5th St. - La Porte, Tx 77571-3430
Deed: Estella Monroe - 306 North 5th - La Porte, Tx 77571
10) 216 N. 6th Street
Single-family dwelling in Low Density Residential (R-l) Zone
Legal: Blk. 66; Lots 7,8; La Porte
Tax Roll: Callie Mae Wade Sims - 216 N. 6th S1. - La Porte, Tx 77571-3202
Deed: Georgia Mae Hughes - 7314 Harlem - McNair, Tx 77251
Notice of Public Hearing Con't '"
Page 3 of3
11) 11624 N. L Street
Certified Modular Home in Large Lot (LL) District
Legal: Tr. 277 A-2~ La Porte Outlots
Tax Roll: Carol A. Maedgen - 11624 N. Avenue L - La Porte, Tx 77571-9330
Deed: Carol A. Maedgen - 11624 N. L S1. - La Porte, Tx 77571
Other: Carol A. Maedgen - 1988 FM 2827 Rd. - Warren, Tx 77664
12) 11627 N. L Street
Single-family dwelling in Large Lot (LL) District
Legal: Pt. Trs. 284C & 285B~ La Porte Outlots
Tax Roll: Charles Hinds - 4421 Red Bluff Rd. - Pasadena, Tx 77503-4333
Deed: Charles C. Hinds - 4421 Red Bluff - Pasadena, Tx 77503
Owners of the above listed structures are hereby requested to appear before the City
Council to show why their buildings should not be declared a nuisance, condemned and ordered
to be tom down.
Citizens wishing to speak at the public hearing, pro or con, will be required to sign in
before the meeting is convened.
Following the public hearing, a regular meeting of the City Council will be held to act
upon the public hearing and other matters to be brought before the Council.
CITY OF LA PORTE
Martha Gillett, TRMC, CMC
City Secretary
THIS FACILITY HAS DISABILITY ACCOMODA TIONS AVAILABLE. REQUESTS
FOR ACCOMODATIONS OR INTERPRETIVE SERVICES AT MEETINGS SHOULD
BE MADE 48 HOURS PRIOR TO THE MEETING. PLEASE CONTACT THE CITY
SECRETARY'S OFFICE AT (281) 471-5020 OR TDD LINE (281) 471-5030 FOR
FURTHER INFORMATION.
Requested By:
REQUEST FOR CITY COUNCIL AGENDA ITEM
July 10.2006 t
D. Wilmore 'f:l~ l~
Appropriation
Agenda Date Requested:
Source of Funds:
General Funds
Department:
Plannina:
Account Number:
#001-9092-524-6021
Report: X Resolution:
Ordinance: X
Amount Budgeted: $63,000.00
Exhibits: List of Dangerous Buildings and Owners
Amount Requested:
Budgeted Item: @~ NO
Exhibits: Inspection Reports & Condemnation Ordinances
Exhibits: Slide Presentation
SUMMARY & RECOMMENDATION
City Council is asked to consider condemning and ordering the demolition oftbirteen (13) substandard structures at
twelve (12) locations. A regular meeting was held June 12,2006 to review the findings of the Dangerous Building
Inspections Board and to authorize a public hearing to consider these structures.
Subsequent to this meeting, as required by Article VIII; Section 82-475 of the Code Ordinances, a notice was
published twice in the Bayshore Sun. Certified letters containing public notices were mailed to the owner( s) of the
buildings in question.
The purpose of this public hearing is to receive property owner and citizen comments as to why each of the
structures should or should not be condemned and demolished. Following the close of the hearing, Council will be
asked to consider condemnation of the structures. You will note that only twelve (12) ordinances were prepared
since two of the structures are located on the same property and are both identified in the same ordinance.
As of the preparation of this request, all structures remain and a condemnation ordinance has been prepared for each
one. As the ordinances are all in a standardized form, in the interest of reducing the bulkiness of the agenda packet,
full inspection reports are included; however, only one complete ordinance is attached for reference. Staff has
included only the front page of the remaining eleven ordinances.
The Dangerous Building Inspection Board (Chief Building Official, Fire Marshal and Fire Chief) unanimously
recommend that all thirteen (13) substandard structures be condemned and demolished.
Action Required bv Council:
Consider passage or other action regarding condemnation ordinances on thirteen (13) substandard structures.
)~~ ~O~
Date
POTENTIAL DANGEROUS BUILDINGS
Summer 2006, Group 1
Update: 06-14-06
1) 2910 & 2910 lh Old Hwy. 146 (S. Broadway)
Zoning: PUD
Use: Single Family Dwelling
Legal: Tr. 5B; Abst. 30, W. P. Harris
HCAD: #040-244-001-0007
Tax Roll: Gary Bass - 10101 N. Avenue P - La Porte, Tx 77571-9431
Deed: Terramedica Ltd. - 1213 Hermann Dr. #530 - Houston, Tx 77009
Taxes: None Owed
Mowing/Clean-up Liens: None Owed
SIGNED VOLUNTARY CONSENT TO DEMOLISH FORM
2) 106 Bay Oaks Dr.
Zoning: R-l
Use: Single Family Dwelling
Legal: Blk. 12; Lots 11,12; Bay Oaks
HCAD: #063-023-012-0011
Tax Roll: William P. Felscher - 106 Bay Oaks Rd. - La Porte, Tx 77571-7004
Deed: William P. Felscher - 3038 Layne St. - La Porte, Tx 77571
Other: William P. Felscher - 211 Rim Rd. - Wimberly, Tx 78676
Taxes: $1,663.04
Mowing/Clean-up Liens: None Owed
3) 202 Forest Avenue
Zoning: R-3
Use: Old Lodge Building
Legal: Blk. 15; Lots 1-3; Sylvan Beach
HCAD: #035-213-015-0001
Tax Roll: Richard H. Harrison - 4545 Elm St. - Bellaire, Tx 77401-3717
Deed: Richard H. Harrison - 4545 Elm - Bellaire, Tx 77401
Taxes*: None Owed
Mowing/Clean-up Liens: $ 245.00
*Note: At owner's request, building valuation was reduced to $100 in 1994.
Beginning in 1995, no valuation is shown on the building; no taxes
have been collected on the existing, on-site improvement.
Potential Dangerous Building List
Summer 2006, Group 1
Page 2
4) 819 W. Main
Zoning: Main Street Overlay
Use: Commercial
Legal: Blk. 44; Lots 3,4; La Porte
HCAD: #023-180-000-0032 (Improvements only)
[x-ref: #023-180-000-0001(Land only)]
Tax Roll: Sybil Fry - 102 Sylvan S1. - La Porte, Tx 77571-6438 (Deceased)
Deed: Sybil Fry - 102 Sylvan S1. - La Porte, Tx 77571
Other: Sybil Fry % Stanley D. Sherwood -1600 Roscoe-
La Porte, Tx 77571 (Son)
Taxes: None Owed
Mowing/Clean-up Liens: $250.00
SIGNED VOLUNTARY CONSENT TO DEMOLISH FORM
5) 602 E. Main
Zoning: R-l
Use: Single Family Dwelling
Legal: Blk. 92; Lots 2-5; Bayfront
HCAD: #006-182-000-0002
Tax Roll: Collen M. Applebe - 602 E. Main S1. - La Porte, Tx 77571-5522
(Deceased)
Deed: Colleen Massey Applebe - 602 E. Main - La Porte, Tx 77571
Other: Russell Applebe - 318 Jamison - La Porte, Tx 77571 (Son)
Taxes: $1,813.84
Mowing/Clean-up Liens: $ 310.00
6) 525 N. 3rd Street
Zoning: R-2
Use: Single Family Dwelling
Legal: Blk.105; Lots 29,30; La Porte
HCAD: #023-217-005-0024
Tax Roll: City of La Porte
1998 Tax Resale: Joe Booker % East Texas Investment Group - 1019
Pinewood Ln. - Seabrook, Tx 77586
Taxes*: None Owed
Mowing/Clean-up Liens: $ 48.50
*Note: Property sold by 1998 city resolution and deed was filed in 1999.
Tax records were not changed, property remained exempt.
Potential Dangerous Building List
Summer 2006, Group 1
Page 3
7) 417 N. 4th Street
Zoning:
Use:
Legal:
HCAD:
Tax Roll:
Deed:
R-l
Single Family Dwelling
Blk.89; Lots 25,26; La Porte
#023-208-089-0025
Loretta Y. Walker - 300 Spencer Landing E. - La Porte, Tx 77571-9155
Adrianne Walker - 9999 Spencer Hwy. - La Porte, Tx 77571
Carmen Walker - 3106 Eagles Nest Dr. - La Porte, Tx 77571
Cara L. Walker & Brandon Walker - 300 Spencer Landing E.-
La Porte, Tx 77571
$3,548.30
$ 75.00
Taxes:
Mowing/Clean-up Liens:
8) 428 N. 4th Street
Zoning: R-l
Use: Single Family Dwelling
Legal: Blk. 88; Lots 1,2; La Porte
Tax Roll: Daniel Baker - 417 N. 3rd St. - La Porte, Tx 77571-3415
Deed: Daniel Baker - 417 North 3rd S1. - La Porte, Tx 77571
Taxes: $1,259.43
Mowing/Clean-up Liens: $ 27.20
9) 306 N. 5th Street
Zoning: R-l
Use: Single Family Dwelling
Legal: Blk. 80; Lots 13,14; La Porte
Tax Roll: Estella Monroe - 306 N. 5th St. - La Porte, Tx 77571-3430
Deed: Estella Monroe - 306 North 5th - La Porte, Tx 77571
Taxes: $ 487.86
Mowing/Clean-up Liens: None Owed
10) 216 N. 6th Street
Zoning: R-l
Use: Single Family Dwelling
Legal: Blk. 66; Lots 7,8; La Porte
Tax Roll: Callie Mae Wade Sims - 216 N. 6th S1. - La Porte, Tx 77571-3202
Deed: Georgia Mae Hughes - 7314 Harlem - McNair, Tx 77251
Taxes: $8,585.26
Mowing/Clean-up Liens: $1,095.00
Potential Dangerous Building List
Summer 2006, Group 1
Page 4
11) 11624 N. L Street
Zoning: Large Lot
Use: Single Family Dwelling
Tax Roll: Carol A. Maedgen - 11624 N. Avenue L - La Porte, Tx 77571-9330
Deed: Carol A. Maedgen - 11624 N. L St. - La Porte, Tx 77571
Other: Carol A. Maedgen - 1988 FM 2827 Rd. - Warren, Tx 77664
Taxes: None Owed
Mowing/Clean-up Liens: None Owed
SIGNED VOLUNTARY CONSENT TO DEMOLISH FORM
12) 11627 N. L Street
Zoning: Large Lot
Use: Single Family Dwelling
Legal: Pt. Trs. 284C & 285B; La Porte Outlots
Tax Roll: Charles Hinds - 4421 Red Bluff Rd. - Pasadena, Tx 77503-4333
Deed: Charles C. Hinds - 4421 Red Bluff - Pasadena, Tx 77503
Taxes: None Owed
Mowing/Clean-up Liens: None Owed
SIGNED VOLUNTARY CONSENT TO DEMOLISH FORM
S:\City Planning Share\INSPECTION DIVISION\ALL OTIIER STUFF\Code Enfon:ement\Dang Buildings\2006 Summer Group
I.doc
ORDINANCE NO. 2006- ~q1)~
AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON Tr. 5B: Abst. 30:
ADDITION W. P. Harris. HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE;
ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT Terramedica. Ltd. % Dr.
Marcus M. Aquino IS THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE
SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S);
ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION
WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE AND TO
COMPLETE SAID REMOVAL OR DEMOLITION WITHIN THIRTY (30) DAYS FROM
THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS
BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S);
ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO
SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE
CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER
PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW.
WHEREAS, the City Council of the City of La Porte, passed and approved Section 82-
472 of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board) to
be composed of the Building Official or his duly authorized representative, the Fire Chief or his
duly authorized representative, the Fire Marshal or his duly authorized representative; and
WHEREAS, Section 82-474 (a) provides that:
Whenever it shall come to the attention of the Board or any member thereof, by reason of
the carrying out of the necessary duties of such member, or by reason ofa complaint of any
citizen of the City or of the City Council, that a dangerous building exists, the Board shall make
a thorough inspection of such building(s); and
WHEREAS, Section 82-474 (e) provides that:
After the inspection provided for in this Section has been made, with or without the aid of
experts, the Board shall report its conclusion in writing to each of the members of the City
Council and to the City Attorney. Such report shall state the circumstances and the condition of
the building(s) upon which such conclusion was based. The report shall be filed in all cases no
matter what conclusion is stated by the Board; and
WHEREAS, it has heretofore come to the attention of the Board that the building(s)
located on Tr. 5B: Abst. 30: W. P. Harris which is further described as 2910 & 2910 ~ Old Hwy.
146, Harris County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate
Ordinance No. 2006- J q 0 ~ Page 2
into a condition of decay or partial ruin or has become a public nuisance or hazard, as defined in
Section 82-473 of the Code of Ordinances of the City of La Porte; and -
WHEREAS, said Board has heretofore made and filed its written report, dated May 17.
2006 finding said building to be in fact a dangerous building;
WHEREAS, City Council received such report, and ordered notice to the record owner(s)
of said property, Terramedica. Ltd. % Dr. Marcus M. Aquino, whose address is 1213 Hermann
Dr. #530: Houston. Tx 77009. that a hearing as provided in Section 82-477 of said Ordinance
would be held at 604 W. Fairmont Parkway, at the Council Chambers, City Hall, City of La
Porte, Texas, at which time the Council would hear evidence for and against the conclusions of
the Board;
WHEREAS, the City Secretary has heretofore served notice of said hearing upon said
owner(s), by registered mail, return receipt requested, which return receipt indicated that said
owner(s) received said notice on June 14.2006. a date more than ten (10) days before the date
set for said hearing;
WHEREAS, at said date, time, and place, City Council met in regular session to conduct
such public hearing, at which time evidence was presented both for and against the conclusions
of the Board;
WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the
termination of the hearing, is required to make its decision in writing and enter its order; and
WHEREAS, City Council entered its order on July 10. 2006 a day which is within fifteen
(15) days after the termination of the hearing; NOW THEREFORE:
Ordinance No. 2006- ~ q D ~. Page 3
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law, and
orders of the City Council of the City of La Porte, based upon the evidence presented at said
hearing.
Section 2. Based on the evidence presented at said hearing, the City Council hereby
adopts the attached report of the Board, in full, and incorporates such by reference herein as fully
as though set out herein.
Section 3. The City Council hereby finds, determines and declares such building(s)
to be a nuisance, and orders such building(s) condemned.
Section 4. The City Council hereby finds, determines and declares that Terramedica.
Ltd. % Dr. Marcus M. Aquino. who resides at 1213 Hermann Dr. #530 - Houston. Tx 77009
and is the record owner(s) of the property on which this building is situated, and that as such
record owner(s), the said Terramedica. Ltd. % Dr. Marcus M. Aquino has been duly and legally
notified of those proceedings.
Section 5. The City Council hereby orders the said Terramedica. Ltd % Dr. Marcus
M. Aquino to entirely remove or tear down such building(s), and further orders the said
Terramedica. Ltd. % Dr. Marcus M. Aquino to commence such removal within ten (10) days
from the effective date of this Ordinance and to complete said removal or demolition within
thirty (30) days from the effective date of this ordinance.
Section 6. The City Council hereby orders the Board of the City of La Porte to cause
a notice of the dangerous, unsanitary condition of the building(s) to be affixed in one or more
conspicuous places on the exterior of the building( s), which notice or notices shall not be
removed or defaced by any person, under penalty of law.
Section 7. The City Council hereby orders the City Secretary to forward a certified
copy of this Ordinance, to the record owner(s) of said property, the said Terramedica. Ltd. % Dr.
Marcus M. Aquino. by registered mail, return receipt requested.
Section 8. Should the said Terramedica. Ltd % Dr. Marcus M. Aquino, not comply
with the orders contained in this Ordinance relating to the removal or demolition of such
building(s) within thirty (30) days after hereof, then the Board of the City of La Porte shall enter
Ordinance No. 2~ ~ 0 J: Page 4
upon the said premises with such assistance as it may deem necessary, and cause the said
building(s) to be removed or demolished without delay, and the expenses of such procedure shall
be charged against the said Terramedica. Ltd. % Dr. Marcus M. Aquino, record owner(s) of said
property, and shall thereupon become a valid and enforceable personal obligation of said owner
of such premises, and the said Board shall carefully compute the cost of such removal or
demolition, which cost shall be hereafter assessed against the land occupied by such building(s),
and made lien thereon.
Section 9. The City CDuncil officially finds, determines, and 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 confJfmS such written
notice and the contents and posting thereof
Section 10. This Ordinance shall take effect and be in force from and after its passage
and approval.
PASSED AND APPROVED this the IfI/-- day of -::5 u l Y , 2006.
CITY OF LA POR~
('\. .. \L';)
By: ~-b...--L-. ~~..--
Mayor
ATTEST:
LfY! tl/;t/J it AiM
City Secretary
APPROVED:
~4-f T~
City Attorney
ACTION OF CITY COUNCIL
On this, the I of1- day of sJ: il l ~ ' ~ OD Y , the City Secretary of the
City of La Porte, having received the abo e and foregoing report from the Dangerous
Building Inspection Board of the City of La Porte, the City Secretary of the City of La
Porte is hereby ordered to notify the owner in writing in accordance with the provisions
ofthe City's Code of Ordinances Article VIII, Section 82-478.
CITY OF LA PORTE
~['.Y~
By:
ATTEST:
0YL flUiJ ~ /JiliIj
City Secretary
CITY SECRETARY'S CERTIFICATE
I hereby certify that on the I t#- day of 5u L ,j. O{) ft, I mailed a
notice to the above named owner, in connection with the aba e referenced property, said
notice being in accordance with City's Code of Ordinances Article VIII, Section 82-478.
A copy of said notice is attached hereto. Said notice included a copy ofth~ Dangerous
Building Inspection Form attached hereto.
Lfn 11I1t~ 4AjJJ
Martha Gillett, TRMC, CMC
City Secretary
S:\CPShare\Code Enforcement\Action by City Council Form.doc
April 2004. Rev.
City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE: 05-17..06
STREET ADDRESS: 2910 &; 2910 ~ OLD HWY. 146 (S. BROADWAy)
HCADOWNER: GARYBASS-I0IOl N. AVENUEP-LAPORTE. TXn571-9431
DEED OWNER: TERRAMEDICA LID - 1213 HERMANN DR #530 - HOUSTON. TX 77009
O'IHER:
LEGAL:
lR SB: ABST. 30. W. P. HARRIS
OCCUPANCY TYPE: RESIDENCE
ZONING:
PUD
NON-CONFORMING ISSUES: PROPERTY UNDER 5 ACRES IN SIZE: MOBILE HOME IN PUn ZONE
YES
SEWER YES
GAS: YES
F ACILlTIES A V AU..ABLE: WATER:
ELECTRICAL:
YES
NO.OF DWELLING UNITS:
(2) UNIT
(HOUSE &; MOBILE HOME)
OCCUPIED:
VACANT:
YES
AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE vm. THE BOARD OF
INSPECI'ION MADE AN INSPECI'ION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE
BUILDING LOCATED THEREON, IN THEIR OPINION,IS IN FACT A DANGEROUS BUILDING, FOR THE
FOLLOWING REASONS:
Sec. 82-473. Declaration of Public Nuisance and Hazard.
A. DaDgeI'Ous or Substandard Buildinp or Structures.
A buildine or structure shall be considered dancerous or substandard whenever it is
determined by the Board, that any or all of the foUoue is app6c:able:
L-l. A building that is vacant, and is not up to current building code standards. These vacant buildings
can be either open to trespass or boarded up;
L-2. Whenever any portion tbereofbas been damaged by tire, earthquake, wind, flood, or by any other
cause to such an extent that the structuIal strength or stability thereof is materially less than it was before such
catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure,
purpose or location;
L-3. Whenever any portion or member or appurtenance thereof is likely to full, or to become detached
or dislodged, or to collapse and thereby injure persons or damage property;
L- 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation,
deterioration, or decay; (b) &u1ty construction; (c) the removal, movement or instability of any portion of the
ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its
fuundation, or (e) any other cause, is likely to partially or completely collapse;
L-S. Whenever, for any reason, the building or structure, or any portion thereot: is manifestly unsafe for
the purpose of which it is being used;
Dangerous Buildings Inspection Form Bldg 1
Page 2
L-6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has
become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c)
enable persons to resort thereto for the purpose of committing unlawful acts;
L-7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of
inadequate maintenance, dilapidation, decay, damage, faulty construction or anangement, inadequate light, air, or
sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in
such a condition that is likely to cause sickness or disease;
L-S. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration,
damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or
heating apparatus or other cause, is determined by the Board to be a fire hazard;
B. Dangerous or substandard electrical, plumbing, or mechanical installations.
A building or structure shall be considered dangerous or substandard whenever it is determined by
the Board, that any or all of the fonowing is applicable:
L-l. Whenever any protective or safety device specified in The Electrical Code and of this title is not
provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to :fu.iI or function as originally
intended;
L-2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or
decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use
constitutes a hazard to life, health, property or safety;
L-3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake,
flood or any other cause so as to constitute a potential hazard to life, health, property or safety;
L- 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained
in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or
safety.
FINDllKlS AND CONCLUSIONS OF TIm BO:\RD OF INSPECTION'
OPTION #1:
(REPAIRABLE - RESIDENTIAL)
IN ACCORDANCE wrm THE CITY'S DANGEROUS BUILDING REGULATIONS AND THE 2003 INTERNATIONAL
RESIDENTIAL CODE. AS ADOPTED. AMENDED AND ENAClED BY CITY. ORDINANCE #04-2700 AND #96-2079-
B. USING THE REGULATIONS AND CODE AS ITS GUIDE. IT IS THE OPINION OF THE DANGEROUS BUILDING
INSPECTION BOARD mAT TInS BUILDING IS IN FACT DANGEROUS. BUT sm REPAIRABLE. ALL
REOUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE wrm ALL APPLICABLE CITY OF
LA PORTE CODES AND ORDINANCES. IF THE REPAlR OR ALTERATION ORDER IS NOT COMPLIED wrm
wrmIN THE TIMETABLE SET OUT IN ARTICLE VIII. SECTION 82-478. IT IS THEN THE OPINION OF TInS
BOARD mAT TInS BUILDING BE DEMOLISHED.
x~, W~) 00--/f",,6
BUILDING OFFICIAL'S OFFICE DATE
x~2~l/15 .:5/roJtL.
FIRE 's OFFICE ' DA:
Jd J/! ~ F>J 7dLOtR
CHIEFS OFFICE . DATE'
n. MEHCANICAL SYSTEMS
A. EIeetric:aI
1. Service Entr.mce
It. Panel IL-
2. Wiring ~
3. Lights, Switches IL-
4. Outlets IL-
S. Other NlA-
B. PlambiDg
L Fixtures
a. Sink
b. Lavatories
c. Water/Closets
d. Shower
e Water Heater
2. Water Piping
3. Drain, Waste
It.Veut
4. SewerISeptic tank
S. Gas System
C Beating &: AlC
L Heating
2. Air Cooditioning
m. PROPERTY CONDmONS
L Accessory Sttuctures IL- (4) ACCESSORY BUllDINGS : ROT' DEBRIS
2. Condition of Grounds IL- DEBRIS: NEEDS MOWING
3. Other
MOBD..E HOME (2910 ~ Old Hwv 146) - UNSECURED. HOLES IN FLOOR MISSING INTERIOR WALLS
AND BROKEN WINDOWS
L-
L-
L-
L-
IL-
UNK
~
UNK
UNK
~
UNK
NOT TO CODE
WIRING NOT EXPOSED
COVERS MISSING
COVERS MISSING
UNVENTED. NO T It. P LINE
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
S:'City PWmiDg SbarelINSPECTION DlVISION\ALL OTHER STUFF\Codo Eufon:omenllDaDg BuildinplD B INSP FORM 2910 Old Hwy 146.doc
07-2004 Rev.
ORDINANCE NO. 2006- ~ 1 DJ
AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON Blk 12. Lots 11. 12. Bay
Oaks, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH
BUILDING(S) CONDEMNED; FINDING THAT William P. Felscher IS THE RECORD
OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY
REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO
COMMENCE SAID REMOVAL OR DEMOLITION WITIllN TEN (1 0) DAYS FROM THE
EFFECTIVE DATE OF THIS ORDINANCE AND TO COMPLETE SAID REMOVAL OR
DEMOLITION WITlllN THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS
ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO
PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO
FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE
REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY
SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE
DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW.
WHEREAS, the City Council of the City of La Porte, passed and approved Section 82-
472 of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board) to
be composed of the Building Official or his duly authorized representative, the Fire Chief or his
duly authorized representative, the Fire Marshal or his duly authorized representative; and
WHEREAS, Section 82-474 (a) provides that:
Whenever it shall come to the attention of the Board or any member thereof, by reason of
the carrying out of the necessary duties of such member, or by reason of a complaint of any
citizen of the City or of the City Council, that a dangerous building exists, the Board shall make
a thorough inspection of such building(s); and
WHEREAS, Section 82-474 (e) provides that:
After the inspection provided for in this Section has been made, with or without the aid of
experts, the Board shall report its conclusion in writing to each of the members of the City
Council and to the City Attorney. Such report shall state the circumstances and the condition of
the building(s) upon which such conclusion was based. The report shall be filed in all cases no
matter what conclusion is stated by the Board; and
WHEREAS, it has heretofore come to the attention of the Board that the building(s)
located on Blk 12. Lots 11. 12. Bay Oaks which is further described as 106 Bay Oaks Dr., Harris
County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate into a
Ordinance No. ~, Page 2
condition of decay or partial ruin or has become a public nuisance or hazard, as defined in
Section 82-473 of the Code of Ordinances of the City of La Porte; and
WHEREAS, said Board has heretofore made and filed its written report, dated May 17.
2006 finding said building to be in fact a dangerous building;
WHEREAS, City Council received such report, and ordered notice to the record owner(s)
of said property, William P. Felscher, whose address is 211 Rim Rd.. Wimberley. TX 78676, that
a hearing as provided in Section 82-477 of said Ordinance would be held at 604 W. Fairmont
Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council
would hear evidence for and against the conclusions of the Board;
WHEREAS, the City Secretary has heretofore served notice of said hearing upon said
owner(s), by registered mail, return receipt requested, which return receipt indicated that said
owner(s) received said notice on June 20.2006. a date more than ten (10) days before the date set
for said hearing;
WHEREAS, at said date, time, and place, City Council met in regular session to conduct
such public hearing, at which time evidence was presented both for and against the conclusions
of the Board;
WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the
termination of the hearing, is required to make its decision in writing and enter its order; and
WHEREAS, City Council entered its order on July 10. 2006 a day which is within fifteen
(15) days after the termination of the hearing; NOW THEREFORE:
Ordinance No. 2006- Jq 03 _ Page 3
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law, and
orders of the City Council of the City of La Porte, based upon the evidence presented at said
hearing.
Section 2. Based on the evidence presented at said hearing, the City Council hereby
adopts the attached report of the Board, in full, and incorporates such by reference herein as fully
as though set out herein.
Section 3. The City Council hereby finds, determines and declares such building(s)
to be a nuisance, and orders such building(s) condemned.
Section 4. The City Council hereby finds, determines and declares that William P.
Felscher, who resides at 211 Rim Rd.. Wimberley_ TX 78676 and is the record owner(s) of the
property on which this building is situated, and that as such record owner( s), the said William P.
Felscher has been duly and legally notified of those proceedings.
Section 5. The City Council hereby orders the said William P. Felscher to entirely
remove or tear down such building(s), and further orders the said William P. Felscher to
commence such removal within ten (10) days from the effective date of this Ordinance and to
complete said removal or demolition within thirty (30) days from the effective date of this
ordinance.
Section 6. The City Council hereby orders the Board of the City of La Porte to cause
a notice of the dangerous, unsanitary condition ofthe building(s) to be affixed in one or more
conspicuous places on the exterior of the building(s), which notice or notices shall not be
removed or defaced by any person, under penalty oflaw.
Section 7. The City Council hereby orders the City Secretary to forward a certified
copy of this Ordinance, to the record owner(s) of said property, the said William P. Felscher, by
registered mail, return receipt requested.
Section 8. Should the said William P. Felscher, not comply with the orders contained
in this Ordinance relating to the removal or demolition of such building(s) within thirty (30) days
after hereof, then the Board of the City of La Porte shall enter upon the said premises with such
Ordinance No. 2006-~ q ll3 , Page 4
assistance as it may deem necessary, and cause the said building(s) to be removed or demolished
without delay, and the expenses of such procedure shall be charged against the said William P.
Felscher, record owner(s) of said property, and shall thereupon become a valid and enforceable
personal obligation of said owner of such premises, and the said Board shall carefully compute
the cost of such removal or demolition, which cost shall be hereafter assessed against the land
occupied by such building(s), and made lien thereon.
Section 9. The City Council officially finds, determines, and 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 10. This Ordinance shall take effect and be in force from and after its passage
and approval.
PASSED AND APPROVED this the 10#- day of J u I Y , 2006.
CITY OF LA PORTE ~
BY.~ 1/.J(~~
Mayor
~Jdl
IJ-uiJI
Cit ecretary
APu
~ ~ ;14/~
City Attorney
ACTION OF CITY COUNCIL
On this, the --1 rrH-- day of crlJ lV' ~ 0 0 ~ ' the City Secretary of the
City of La Porte, having received the a ove and foregoing report from the Dangerous
Building Inspection Board of the City of La Porte, the City Secretary of the City of La
Porte is hereby ordered to notify the owner in writing in accordance with the provisions
of the City's Code of Ordinances Article VITI, Section 82-478.
::YO~(V~
ATTEST:
0YI attia,~
City Secretary
CITY SECRETARY'S CERTIFICATE
I hereby certify that on the IIJt- day of J fA. J.OIJ V , I mailed a
notice to the above named owner, in connection with the ab ve referenced property, said
notice being in accordance with City's Code of Ordinances Article VITI, Section 82-478.
A copy of said notice is attached hereto. Said notice included a copy ofth~ Dangerous
Building Inspection Form attached hereto.
~J~
M ha Gillett, TRMC, CMC
City Secretary
S:\CPShare\Code Enforcement\Action by City Council Form.doc
April 2004. Rev.
City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE:
05-17-06
STREET ADDRESS: 106 BAY OAKS DR
HeAD OWNER: WILLIAM P. FELSCHER - 106 BAY OAKS RD. - LA PORTE. TX 77571-7004
DEED OWNER: WILLIAM P FELSCHER - 3038 LAYNE ST . LAPORTE. TX 77571
LEGAL: BLOCK 12' LOTS 1112: BAY OAKS
OCCUPANCY TYPE: RESIDENCE
ZONING:
R-1
NON-CONFORMING ISSUES:
FACILITIES AVAILABLE: WATER
YES
SEWER
YES
ELECTRICAL:
YES
GAS:
YES
NO.OF DWELLING UNITS:
(l)UNIT
VACANT:
YES
OCCUPIED:
AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF
INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE
BUIIDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE
FOLLOWING REASONS:
Sec. 82-473. Declaration of Public Nuisance and Hazard.
A. Dangerous or Substandard Buildings or Structures.
A building or structure shall be considered dangerous or substandard whenever it is
determined by the Board, that any or all of the following is applicable:
:L.-I. A building that is vacant, and is not up to current building code standards. These vacant buildings
can be either open to trespass or boarded up;
2. Whenever any portion thereofhas been damaged by :fire, earthquake, wind, flood, or by any other
cause to such an extent that the structural strength or stlbility thereof is materially less than it was before such
catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure,
purpose or location;
3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached
or dislodged, or to collapse and thereby injure persons or damage property;
4. Whenever the building or structure, or any portion thereof; because of (a) dilapidation,
deterioration, or decay; (b) fu.ulty construction; (c) the removal, movement or instability of any portion of the
ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its
foundation, or (e) any other cause, is likely to partially or completely collapse;
:L.-5. Whenever, fur any reason, the building or structure, or any portion thereof; is manifestly unsafe for
the purpose of which it is being used;
Dangerous Buildings Inspection Farm Bldg 1
Page 2
~ 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has
become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c)
enable persons to resort thereto for the purpose of committing unlawful acts;
~ 7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of
inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or
sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in
such a condition that is likely to cause sickness or disease;
8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration,
damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or
heating apparatus or other cause, is determined by the Board to be a fire baz.ard;
B. Dangerous or substandard electrical, plumbing, or mechanical installations.
A building or structure shall be considered dangerous or substandard whenever it is determined by
the Board, that any or all of the following is applicable:
~l. Whenever any p~ective or safety device specified in The Electrical Code and of this title is not
provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fuil or function as origina1ly
intended;
L-.z. Whenever any installation or any portion thereofbecause of (a) dilapidation, deterioration, or
decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use
constitutes a hazard to life, health, property or safety;
_3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake,
flood or any other cause so as to constitute a potential hazard to life, health, property or safety;
~ 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained
in violation of the building code and/or fire code so as to constitute a potential baz.ard to life, health, property or
safety.
FINDINGS AND CONCLUSIONS OF TIIE BOARD OF INSPECTION:
OPTION #1:
(REF AIRABLE - RESIDENTIAL)
IN ACCORDANCE wrm TIIE CITY'S DANGEROUS BUILDING REGULATIONS AND TIIE 2003 INTERNATIONAL
RESIDENTIAL CODE. AS ADOPTED. AMENDED AND ENACTED BY CITY. ORDINANCE #04-2700 AND #96-2079-
B. USING TIIE REGULATIONS AND CODE AS ITS GUIDE. IT IS TIIE OPINION OF TIIE DANGEROUS BUILDING
INSPECTION BOARD mAT TInS BUILDING IS IN FACT DANGEROUS BUT STILL REPAIRABLE. ALL
REOUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE wrm ALL APPLICABLE CITY OF
LA PORTE CODES AND ORDINANCES. IF TIIE REPAIR OR ALTERATION ORDER IS NOT COMPLIED wrm
wrmIN TIIE TIMETABLE SET OUT IN ARTICLE vm. SECTION 82-478. IT IS TIIEN TIIE OPINION OF TInS
BOARD mAT TInS BUILDING BE DEMOLISHED.
X~f W~IJ.S-/'-"6
BUILDING OFFICIAL'S OFFICE DATE
x~~~
FIRE 'S OFFICE
5~~
~)77~~
CHIEFS 0 CE
<;>1 ;l3/0{p
DATE
Dangerous Building Inspection Farm Bldg 1 Page 3
BlJllJHNG EVALUATION CHECKLIST
A = Adequate D = Deficient N/A = Not Applicable
L STRUCTURAL COMMENT /EXPLANATION
A. Foundation
1.SJab ~
2. Pier & Beam
a Footings IL- UNEVEN SETTLEMENT
b. Sills UNK UNABLE TO INSPECT
c.Joists UNK UNABLE TO INSPECT
B. Walls
1. Exterior IL- WALL SEPARATION: ROT
2. Interior UNK UNABLE TO INSPECT
Means of Egress
1. Doors
a Interior UNK UNABLE TO INSPECT
b. Exterior A--
2. Porches, Steps,
Stairs A--
3. Windows A--
D. Roof
1. Rafters IL- ROT
2. Deck, Shingles IL- ROT: HOLES
E. Ceilings
1. Joists UNK UNABLE TO INSPECT
2. Ceiling UNK. UNABLE TO INSPECT
F. noon UNK UNABLE TO INSPECT
G. Other N/A
II. MEHCANICAL SYSTEMS
A. Electrical
1. Service Entrance
& Panel IL- MISSING COVER: NOT TO CODE
Wiring UNK UNABLE TO INSPECT
3. Lights, Switches UNK UNABLE TO INSPECT
4. Outlets UNK UNABLE TO INSPECT
5. Other N/A
B. Plumbing
1. Fixtures
a Sink UN!( UNABLE TO INSPECT
b. Lavatories UNK UNABLE TO INSPECT
c. Water/Closets UN!( UNABLE TO INSPECT
d Shower UN!( UNABLE TO INSPECT
e Water Heater UNK UNABLE TO INSPECT
2. Water Piping UN!( UNABLE TO INSPECT
3. Drain, Waste
& Vent UNK UNABLE TO INSPECT
4. Sewer/Septic tank UNK. UNABLE TO INSPECT
5. Gas System UN!( UNABLE TO INSPECT
C. Heating & AlC
1. Heating UNK. UNABLE TO INSPECT
2. Air Conditioning UNK UNABLE TO INSPECT
IlL PROPERTY CONDmONS
1. Accessory Stmctures IL-- ROOF PROBLEMS
2. Condition of Grounds IL-- WEEDS & DEBRIS
3. Other
Comments:
S:\CPSbareIlNSPECTION DMSrON\ALL OTHER STUFF\Code EDfareemeutIDang BuildingslD B lNSP FORM 106 BAY OAKS.doe07-2004 Rev.
} f1 b}-{' d {) f)f; }
ORDINANCENO 2006-JCJ/JIj )~~:;jz~~r
AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON Blk 15. Lots 1-3. Sylvan CJ()()~
Beach. HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH
BUILDING(S) CONDEMNED; FINDING THAT Richard H. Harrison IS THE RECORD
OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY
REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO
COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE
EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR
DEMOLITION WITHIN THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS
ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO
PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO
FORWARD A COpy OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE
REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY
SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE
DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW.
WHEREAS, the City Council of the City of La Porte, passed and approved Section 82-
472 of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board) to
be composed of the Building Official or his duly authorized representative, the Fire Chief or his
duly authorized representative, the Fire Marshal or his duly authorized representative; and
WHEREAS, Section 82-474 (a) provides that:
Whenever it shall come to the attention of the Board or any member thereof, by reason of
the carrying out of the necessary duties of such member, or by reason of a complaint of any
citizen of the City or of the City Council, that a dangerous building exists, the Board shall make
a thorough inspection of such building(s); and
WHEREAS, Section 82-474 ( e) provides that:
After the inspection provided for in this Section has been made, with or without the aid of
experts, the Board shall report its conclusion in writing to each of the members of the City
Council and to the City Attorney. Such report shall state the circumstances and the condition of
the building(s) upon which such conclusion was based. The report shall be filed in all cases no
matter what conclusion is stated by the Board; and
WHEREAS, it has heretofore come to the attention of the Board that the building( s)
located on Blk 15, Lots 1-3, Sylvan Beach which is further described as 202 Forest Ave., Harris
County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate into a
Ordinance No. 2006-It4Dtf , Page 2
condition of decay or partial ruin or has become a public nuisance or hazard, as defined in
Section 82-473 of the Code of Ordinances of the City of La Porte; and
WHEREAS, said Board has heretofore made and filed its written report, dated May 17.
2006 finding said building to be in fact a dangerous building;
WHEREAS, City Council received such report, and ordered notice to the record owner(s)
of said property, Richard H. Harrison, whose address is 4545 Elm St., Bellaire. TX 77401-3717,
that a hearing as provided in Section 82-477 of said Ordinance would be held at 604 W.
Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time
the Council would hear evidence for and against the conclusions of the Board;
WHEREAS, the City Secretary has heretofore served notice of said hearing upon said
owner(s), by registered mail, return receipt requested, which return receipt indicated that said
owner(s) received said notice on June 20.2006. a date more than ten (10) days before the date set
for said hearing;
WHEREAS, at said date, time, and place, City Council met in regular session to conduct
such public hearing, at which time evidence was presented both for and against the conclusions
of the Board;
WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the
termination of the hearing, is required to make its decision in writing and enter its order; and
WHEREAS, City Council entered its order on July 10. 2006 a day which is within fifteen
(15) days after the termination of the hearing; NOW THEREFORE:
Ordinance No.~, Page 3
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law, and
orders of the City Council ofthe City of La Porte, based upon the evidence presented at said
hearing.
Section 2. Based on the evidence presented at said hearing, the City Council hereby
adopts the attached report of the Board, in full, and incorporates such by reference herein as fully
as though set out herein.
Section 3. The City Council hereby finds, determines and declares such building(s)
to be a nuisance, and orders such building( s) condemned.
Section 4. The City Council hereby finds, determines and declares that Richard H.
Harrison, who resides at 4545 Elm St.. Bellaire. TX 77401-3717 and is the record owner(s) of
the property on which this building is situated, and that as such record owner(s), the said Richard
H. Harrison has been duly and legally notified of those proceedings.
Section 5. The City Council hereby orders the said Richard H. Harrison to entirely
remove or tear down such building(s), and further orders the said Richard H. Harrison to
commence such removal within ten (10) days from the effective date of this Ordinance, and to
complete said removal or demolition within thirty (30) days from the effective date of this
ordinance.
Section 6. The City Council hereby orders the Board of the City of La Porte to cause
a notice of the dangerous, unsanitary condition ofthe building(s) to be affixed in one or more
conspicuous places on the exterior of the building( s), which notice or notices shall not be
removed or defaced by any person, under penalty oflaw.
Section 7. The City Council hereby orders the City Secretary to forward a certified
copy ofthis Ordinance, to the record owner(s) of said property, the said Richard H. Harrison, by
registered mail, return receipt requested.
Section 8. Should the said Richard H. Harrison, not comply with the orders contained
in this Ordinance relating to the removal or demolition of such building(s) within thirty (30) days
Ordinance No. 2006- 2'tuf-:-, Page 4
after hereof, then the Board of the City of La Porte shall enter upon the said premises with such
assistance as it may deem necessary, and cause the said building(s) to be removed or demolished
without delay, and the expenses of such procedure shall be charged against the said Richard H.
Harrison, record owner(s) of said property, and shall thereupon become a valid and enforceable
personal obligation of said owner of such premises, and the said Board shall carefully compute
the cost of such removal or demolition, which cost shall be hereafter assessed against the land
occupied by such building(s), and made lien thereon.
Section 9. The City Council officially finds, determines, and 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 10. This Ordinance shall take effect and be in force from and after its passage
and approval.
PASSED AND APPROVED this the Ir:#-- day of JIl (y
CITY OF LA PORTE
, 2006.
By:
Mayor
ATTEST:
City Secretary
APPROVED~
~ ~~~
ity Attorney
J FrbJ-f )A, /1ll&li^~
"1 LflV1 rta
LA/I-/! 6e rem}Je · A
i,J ~ l - v fIeLl (I ~ 1 ~ /)
ACTION OF CITY COUNCIL fu I (!1J() -I1;v 7
On this, the loJL- day of 0( 1 ~ ' , the City Secretary of the
City of La Porte, having received the a ove and foregoing report from the Dangerous
Building Inspection Board of the City of La Porte, the City Secretary of the City of La
Porte is hereby ordered to notify the owner in writing in accordance with the provisions
of the City's Code of Ordinances Article VITI, Section 82-478.
CITY OF LA PORTE
By:
ATTEST:
City Secretary
CITY SECRETARY'S CERTIFICATE
I hereby certify that on the day of " I mailed a
notice to the above named owner, in connection with the above referenced property, said
notice being in accordance with City's Code of Ordinances Article VITI, Section 82-478.
A copy of said notice is attached hereto. Said notice included a copy of the Dangerous
Building Inspection Form attached hereto.
Martha Gillett, TRMC, CMC
City Secretary
S:\CPShare\Code Enforcement\Action by City Council Form.doc
April 2004. Rev.
City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE:
05-17-06
STREET ADDRESS: 202 FOREST AVE.
HCAD OWNER: RICHARD H. HARRISON - 4545 ELM ST. - BELLAIRE. TX 77401-3717
DEED OWNER: RICHARD H. HARRISON - 4545 ELM - BELLAIRE. TX 77401
LEGAL: BLOCK 15: LOTS 1-3: SYLVAN BEACH
OCCUPANCY TYPE: OLD LODGE BUILDING
ZONING:
R-3
NON-CONFORMING ISSUES:
CONDmONAL USE INR-3 ZONE
F ACILITIES AVAILABLE: WATER:
ELECTRICAL:
YES
SEWER:
YES
YES
GAS:
YES
NO.OF DWELLING UNITS:
N/A
VACANT:
YES
OCCUPIED:
AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE vm, THE BOARD OF
INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE
BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE
FOLLOWING REASONS:
Sec. 82-473. Declaration of Public Nuisance and Hazani
A. Dangerous or Substandard Buildings or Structures.
A building or structure shall be considered dangerous or substandard whenever it is
determined by the Board, that any or all of the following is applicable:
L-l. A building 1hat is vacant, and is not up to current building code standards. These vacant buildings
can be either open to trespass or boarded up;
_2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other
cause to such an extent 1hat the structural strength or stability thereof is materially less than it was before such
catastrophe and is less than the minimnm requirements of the building code for new buildings of similar structure,
purpose or location;
3. Whenever any portion or member or appurtenance thereof is likely to fuil, or to become detached
or dislodged, or to collapse and thereby injure persons or damage property;
_4. Whenever the building or structure, or any portion thereot: because of (a) dilapidation,
deterioration, or decay; (b) fuulty construction; (c) the removal, movement or instability of any portion of the
ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its
foundation, or (e) any other cause, is likely to partially or completely collapse;
L-5. Whenever, for any reason, the building or structure, or any portion thereot: is manifestly unsafe for
the purpose of which it is being used;
Dangerous Buildings Inspection Form Bldg 1
Page 2
~ 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has
become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c)
enable persons to resort thereto for the purpose of committing unlawful acts;
_7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of
inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or
sanitation fucilit:ies, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in
such a condition that is likely to cause sickness or disease;
8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration,
damage, inadequate exits, lack of sufficient fire-resistive construction, fimlty electric wiring, gas connections, or
heating apparn.tus or other cause, is determined by the Board to be a fire hazard;
B. Dangerous or substandard electrical, plumbing, or mechanical installations.
A building or structure shall be considered dangerous or substandard whenever it is determined by
the Board, that any or all of the following is applicable:
~l. Whenever any protective or safety device specified in The Electrical Code and of this title is not
provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally
intended;
~2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or
decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use
constitutes a hazard to life, health, property or safety;
3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake,
flood or any other cause so as to constitute a potential hazard to life, health, property or safety;
~ 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained
in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or
safety.
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
OPTION #3:
(NON-RESIDENTIAL)
IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS AND THE 2003 INTERNATIONAL
BUILDING. AS ADOPTED. AMENDED AND ENACI'ED BY CITY. ORDINANCE #04-2700 AND #96-2079-B. USING
THE REGULATIONS AND CODE AS ITS GUIDE. IT IS THE OPINION OF THE DANGEROUS BUll.DING
INSPECTION BOARD THAT TInS BUILDING IS IN FACT DANGEROUS. BUT STILL REPAIRABLE. ALL
REQUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF
LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WITH
WITHIN THE TIMETABLE SET OUT IN ARTICLE vm. SECTION 82-478. IT IS THEN THE OPINION OF TInS
BOARD THAT TInS BUILDING BE DEMOllSHED.
x ~, W~ P5-/'l-(J'
BUILDING OFFICIAL'S OFFICE DATE
~5
'S OFFICE
,"5/1f1- k~
D:'<TE
J;.JJ!l~-y >/~~/()~
Dangerous Building Inspection F onn Bldg 1 Page 3
BUILDING EVALUATION CHECKLIST
A = Adequate D = Deficient N/ A = Not Applicable
1 STRUCTURAL COMMENT /EXPLANATION
A. Foundation
1. Slab UNK UNABLE TO INSPECT
2. Pier & Beam
a Footings ~
b. Sills N/A
c. Joists ~
B. Walls
1. Exterior L- HOLES. ROT
2. Interior UNK UNABLE TO INSPECT
Means of Egress
L Doors
a Interior UNK UNABLE TO INSPECT
b.Exterior L-
2. Porches, Steps,
Stairs L-
3. Wmdows UNK UNABLE TO INSPECT-BOARDED UP
D. Roof
L Rafters L- ROT
2. Deck, Shingles L- ROTTED FACIA & SOFFIT
E. Ceilings
1. Joists UNK UNABLE TO INSPECT
2. Ceiling UNK UNABLE TO INSPECT
J!. Floors UNK UNABLE TO INSPECT
G. Other ~
II. MEHCANICAL SYSTEMS
A. Electrical
1. Service Entrance
& Panel
2. Wiring
3. Lights, Switches
4. Outlets
5. Other
B. Plumbing
1. Fixtures
a Sink
b. Lavatories
c. Water/Closets
d. Shower
e Water Heater
2. Water Piping
3. Drain, Waste
& Vent
4. Sewer/Septic tmk
5. Gas System
C. Hea1ing & AlC
1. Heating
2. Air Conditioning
III PROPERTY CONDmONS
IL-
UNK
UNK
UNK
~
UNK
IlliK-
~
UNK
IlliK-
UNK
UNK
UNK
UNK
UNK
UNK
1. Accessory Structures N/ A
2. Condition of Grounds A--
3. Other
Comments:
METER CAN NOT TO CODE: UNABLE TO INSPECT INT PANEL
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
S:\CPShore\IN~P'j;:CTION DMSION\AlL OTHER snJFFICode EnforcementIDang BuildingsID B INSP FORM 202 FOREST A VE.doc07-2004 Rev.
ORDINANCE NO. 2006- d1())
AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON Blk 44. Lots 3-4.
La Porte, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE~ ORDERING SUCH
BUILDING(S) CONDEMNED~ FINDING THAT Sybil Fry. % Stanley D. Sherwood IS THE
RECORD OWNER(S) OF SAID PROPERTY~ ORDERING THE SAID OWNER(S) TO
ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S)~ ORDERING THE SAID
OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10)
DAYS FROM THE EFFECTIVE DATE OF TillS ORDINANCE AND TO COMPLETE SAID
REMOVAL OR DEMOLITION WITHIN TillRTY (30) DAYS FROM THE EFFECTIVE
DATE OF TillS ORDINANCE~ ORDERING THE DANGEROUS BUILDING INSPECTION
BOARD TO PLACE A NOTICE ON SAID BUILDING(S)~ ORDERING THE CITY
SECRETARY TO FORWARD A COPY OF TillS ORDINANCE TO SAID OWNER(S)~
PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE
IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN~
PROVIDING AN EFFECTIVE DATE HEREOF~ AND FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW.
WHEREAS, the City Council of the City of La Porte, passed and approved Section 82-
472 of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board) to
be composed ofthe Building Official or his duly authorized representative, the Fire Chief or his
duly authorized representative, the Fire Marshal or his duly authorized representative~ and
WHEREAS, Section 82-474 (a) provides that:
Whenever it shall come to the attention of the Board or any member thereof, by reason of
the carrying out of the necessary duties of such member, or by reason of a complaint of any
citizen of the City or of the City Council, that a dangerous building exists, the Board shall make
a thorough inspection of such building(s)~ and
WHEREAS, Section 82-474 (e) provides that:
After the inspection provided for in this Section has been made, with or without the aid of
experts, the Board shall report its conclusion in writing to each of the members of the City
Council and to the City Attorney. Such report shall state the circumstances and the condition of
the building(s) upon which such conclusion was based. The report shall be filed in all cases no
matter what conclusion is stated by the Board~ and
WHEREAS, it has heretofore come to the attention of the Board that the building( s)
located on Blk 44. Lots 3-4. La Porte which is further described as 819 West Main, Harris
County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate into a
Ordinance No. 2006- ; 1/)}, Page 2
condition of decay or partial ruin or has become a public nuisance or hazard, as defined in
Section 82-473 of the Code of Ordinances ofthe City of La Porte; and
WHEREAS, said Board has heretofore made and filed its written report, dated May 17.
2006 finding said building to be in fact a dangerous building;
WHEREAS, City Council received such report, and ordered notice to the record owner(s)
of said property, Sybil Fry. % Stanley D. SJ:terwood, whose address is 1600 Roscoe. La Porte.
TX 77571, that a hearing as provided in Section 82-477 of said Ordinance would be held at 604
W. Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which
time the Council would hear evidence for and against the conclusions of the Board;
WHEREAS, the City Secretary has heretofore served notice of said hearing upon said
owner(s), by registered mail, return receipt requested, which return receipt indicated that said
owner(s) received said notice on Post Office attempted delivery of certified mail on June 14.
2006 (Note: Mr. Sherwood has signed a Voluntary Consent to Demolish form), a date more
than ten (10) days before the date set for said hearing;
WHEREAS, at said date, time, and place, City Council met in regular session to conduct
such public hearing, at which time evidence was presented both for and against the conclusions
of the Board;
WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the
termination of the hearing, is required to make its decision in writing and enter its order; and
WHEREAS, City Council entered its order on July 10. 2006 a day which is within fifteen
(15) days after the termination of the hearing; NOW THEREFORE:
Ordinance No. 2006- at:Jl>(;age 3
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law, and
orders ofthe City Council of the City of La Porte, based upon the evidence presented at said
hearing.
Section 2. Based on the evidence presented at said hearing, the City Council hereby
adopts the attached report of the Board, in full, and incorporates such by reference herein as fully
as though set out herein.
Section 3. The City Council hereby finds, determines and declares such building( s)
to be a nuisance, and orders such building( s) condemned.
Section 4. The City Council hereby finds, determines and declares that Sybil Fry. %
Stanley D. Sherwood, who resides at 1600 Roscoe. La Porte. TX 77571 and is the record
owner(s) of the property on which this building is situated, and that as such record owner(s), the
said Sybil Fry. % Stanley D. Sherwood has been duly and legally notified of those proceedings.
Section 5. The City Council hereby orders the said Sybil Fry. % Stanley D.
Sherwood to entirely remove or tear down such building(s), and further orders the said Sybil Fry.
% Stanley D. Sherwood to commence such removal within ten (10) days from the effective date
of this Ordinance and to complete said removal or demolition within thirty (30) days from the
effective date of this ordinance.
Section 6. The City Council hereby orders the Board of the City of La Porte to cause
a notice of the dangerous, unsanitary condition of the building( s) to be affixed in one or more
conspicuous places on the exterior of the building( s), which notice or notices shall not be
removed or defaced by any person, under penalty of law.
Section 7. The City Council hereby orders the City Secretary to forward a certified
copy of this Ordinance, to the record owner(s) of said property, the said Sybil Fry. % Stanley D.
Sherwood, by registered mail, return receipt requested.
Section 8. Should the said Sybil Fry. % Stanley D. Sherwood, not comply with the
orders contained in this Ordinance relating to the removal or demolition of such building(s)
within thirty (30) days after hereof, then the Board of the City of La Porte shall enter
upon the said premises with such assistance as it may deem necessary, and cause the said
building(s) to be removed or demolished without delay, and the expenses of such procedure shall
r
Ordinance No. 2006- J qw , Page 4
be charged against the said Sybil Fry. % Stanley D. Sherwood, record owner(s) of said property,
and shall thereupon become a valid and enforceable personal obligation of said owner of such
premises, and the said Board shall carefully compute the cost of such removal or demolition,
which cost shall be hereafter assessed against the land occupied by such building(s), and made
lien thereon.
Section 9. The City Council officially finds, determines, and recites and declares that
a sufficient written notice ofthe date, hour, place and subject ofthis meeting ofthe City Council
was posted at a place convenient to the public at the City Hall ofthe City for the time required by
law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas
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 10. This Ordinance shall take effect and be in force from and after its passage
and approval.
PASSED AND APPROVED this the I~ day of J u, [~ ,2006.
CITY~\A\POR~~. -)-.
~\..~
By: ,
Mayor
ATTEST:
L1Jl attiA. ;1~jf/
City Secretary
APPRO\rof"\: f
'r~ Il
1/,/ .- ~~
City Attorney
ACTION OF CITY COUNCIL
On this, the I~ day of 'C1(L~ ' ~Of) it , the City Secretary of the
City of La Porte, having received the a ove and foregoing report from the Dangerous
Building Inspection Board of the City of La Porte, the City Secretary of the City of La
Porte is hereby ordered to notifY the owner in writing in accordance with the provisions
of the City's Code of Ordinances Article VITI, Section 82-478.
CITY OF LA PORTE \\)
~~.\~
By:
ATTEST:
CITY SECRETARY'S CERTIFICATE
I hereby certifY that 00 the J fJ4- day of J u-l.;i , ~ I mailed a
notice to the above named owner, in connection with the ab ve referenced property, saId
notice being in accordance with City's Code of Ordinances Article VITI, Section 82-478.
A copy of said notice is attached hereto. Said notice included a copy of the Dangerous
Building Inspection Form attached hereto.
Lfr1~4#
Martha Gillett, TRMC, CMC
City Secretary
S:\CPShare\Code Enforcement\Action by City Council Form.doc
April 2004. Rev.
City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE: 05-17-06
STREET ADDRESS: 819 W. MAIN ST.
HCAD OWNER: SYBll. FRY - 102 SYLVAN ST. - LA PORTE. TX 77571-M38 (DECEASED)
DEED OWNER: SYBll. FRY - 102 SYLVAN ST. - LAPORTE. TX77571
OTHER: STANLEY D. SHERWOOD - 1600 ROSCOE - LA POR'IE. TX 77571 (SON)
LEGAL: BLOCK 44: LOTS 3.4: LA POR'IE
OCCUPANCY TYPE: COMMERCIAL
ZONING:
MAIN STREET OVERLAY
NON-CONFORMING ISSUES:
FACILITIES A V All.ABLE: WATER.:
ELECfRICAL:
YES
SEWER:
YES
YES
GAS:
YES
NO.OF DWElLING UNITS:
N/A
VACANT:
YES
OCCUPIED:
AS REQUIRED IN THE ClTY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE vm, THE BOARD OF
INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE
BUllDING LOCATED THEREON, IN THEIR OPINION,IS IN FACT A DANGEROUS BUILDING, FOR THE
FOLLOWING REASONS:
Sec. 82-473. Declaration of Public Nuisance and Hazard.
A. Dangerous or Substandard Buildings or Structures.
A building or structure shall be considered dangerous or substandard whenever it is
determined by the Board, that any or all of the fonowing is applicable:
L-l. A building that is vacant, and is not up to current building code standards. These vacant buildings
can be either open to trespass or boarded up;
_2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other
cause to such an extent that the structum1 strength or slability thereof is materially less than it was before such
catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure,
purpose or location;
3. Whenever any portion or member or appurtenance thereof is likely to fuil, or to become detached
or dislodged, or to collapse and thereby injure persons or damage property;
4. Whenever the building or structure, or any portion thereot: because of (a) dilapidation,
deterioration, Or decay; (P) faulty construction; (c) the reD).oval, movement or instability ofany portion of the
ground necessary for the purpose of SUImorting the building; (d) the deterioration, liecay, or inadequacy of its
foundation, or (e) any other cause, is likely tq pa.rt;ia1ly or cx:'IJIIllett;ly collapse;
L-..5. Whenever, fQr any reason, the buil9ing or structure, ljlr ~y p<;Irtion tlIereot: is manifestly unsafe for
the purpOse of whiC1h it is be~ used;, :
Dangerous Buildings Inspection F 01lIl Bldg 1
Page 2
_6. Whenever the building or structure has been so damaged by fire, wind., earthquake, or flood., or has
become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c)
enable persons to resort thereto for the purpose of committing unlawful acts;
_7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of
inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or
sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in
such a condition that is likely to cause sickness or disease;
8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration,
damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or
heating apparatus or other cause, is determined by the Board to be a fire hazard;
B. Dangerous or substandard electrical, plumbing, or mechanical installations.
A building or structure shall be considered dangerous or substandard whenever it is determined by
the Board, that any or all of the following is applicable:
L-l. Whenever any protective or safety device specified in The Electrical Code and of this title is not
provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally
intended;
L-2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or
decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use
constitutes a hazard to life, health, property or safety;
_3. Whenever any insta.J1ation or any portion thereof which is damaged by fire, wind., earthquake,
flood or any other cause so as to constitute a potential hazard to life, health, property or safety;
L- 4. Whenever any installation or any portion thereof was constructed, installed., altered or maintained
in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or
safety.
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
OPTION #3:
(NON-RESIDENTIAL)
IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS AND THE 2003 INTERNATIONAL
BUILDING. AS ADOPlED. AMENDED AND ENACTED BY CITY. ORDINANCE #04-2700 AND #96-2079-B. USING
THE REGULATIONS AND CODE AS ITS GUIDE. IT IS THE OPINION OF THE DANGEROUS BUILDING
INSPECTION BOARD THAT TIllS BUILDING IS IN FACT DANGEROUS. BUT STILL REPAIRABLE. ALL
REOUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF
LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WITH
WITHIN THE TIMETABLE SET OUT IN ARTICLE vm. SECTION 82-478. IT IS THEN THE OPINION OF TInS
BOARD THAT TInS BUILDING BE DEMOLISHED.
X~' U)~ ~S,,/tt6'
BUILDING OffiCIAL'S OffiCE DATE
x12d~L...s ~/,q h..
FIRE 'S 0 CE ( PA'lfi
X W/1lB~ S-/~3;btP
FIRE ClttEFS OFFI~ DATE
Dangerous Building Inspection Form Bldg I
BUILDING EVALUATION CHECKLIST
A = Adequate D=Deficient N/ A = Not Applicable
1 STRUcruRAL COMMENT/EXPLANATION
A. Foundation
1. Slab N/A
2. Pier & Beam
a Footings UNK UNABLE TO INSPECT
b.Sills ~ UNABLE TO INSPECT
c. Joists IL- FLOOR UNEVEN<VISffiLE TIlRU WINDOW)
B. Walls
1. Exterior A--
2. Interior UNK UNABLE TO INSPECT
c. Means of Egress
1. Doors
a Interior UNK UNABLE TO INSPECT
b.Exterior A--
2. Porches, Steps,
Stairs IL- BACK STEPS MISSING
3. Windows IL- ROT AT WINDOWS
D. Roof
1. Rafters IL- ROT
2. Deck, Shingles IL- ROT
E. Ceilings
1. Joists UNK UNABLE TO INSPECT
2. Ceiling UNK UNABLE TO INSPECT
F. Floon L- UNEVENlVISIBLE TIlRU WINDOW)
G. Other ~
II. MEHCANICAL SYSTEMS
A. Electrical
1. Service Entrance
& Panel
Wiring
3. Lights, Switches
4. Outlets
5. Other
B. Plumbing
1. Fixtures
a Sink
b. Lavatories
c. Water/Closets
d. Shower
e WaterHeater
2. WaterPiping
3. Drain, Waste
& Vent
4. Sewer!Septic tank
5. Gas System
C. Heating & AlC
1. Heating
2. Air Conditioning
IL-
IL-
UNK
UNK
N/A
UNK
UNK
UNK
UNK
UNK.
UNK.
UNK.
UNK.
UNK
UNK.
~
ill. PROPERTY CONDmONS
1. Accessory Stmctu:res N/ A
2. Condition of Grounds ~
3. Other
Comments:
Page 3
BREAKERS MISSING
EXI' WIRING NOT IN CONDUIT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
DEBRIS
S:\cPSbareIINSPECTION DIVISlON\ALLOTHER STllFFICode EnforcementIDang BuildingslD B INSP FORM 819 W MAIN.doc07-2004 Rev.
------.........------------.-.------
ORDINANCE NO. 2006- Jqo~
AN ORDINANCE DECLARING THE BUlLDING(S) LOCATED ON Blk 92. Lts 2-5.
Bayfront, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH
BUlLDING(S) CONDEMNED; FINDING THAT Colleen M. Applebe. % Russell Applebe IS
THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO
ENTIRELY REMOVE OR TEAR DOWN SUCH BUlLDING(S); ORDERING THE SAID
OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10)
DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE AND TO COMPLETE SAID
REMOVAL OR DEMOLITION WITHIN THIRTY (30) DAYS FROM THE EFFECTIVE
DATE OF TillS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION
BOARD TO PLACE A NOTICE ON SAID BUlLDING(S); ORDERING THE CITY
SECRETARY TO FORWARD A COpy OF TillS ORDINANCE TO SAID OWNER(S);
PROVIDING FOR THE REMOVAL OF SAID BUlLDING(S) BY THE CITY OF LA PORTE
IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN;
PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW.
WHEREAS, the City Council of the City of La Porte, passed and approved Section 82-
472 of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board) to
be composed of the Building Official or his duly authorized representative, the Fire Chief or his
duly authorized representative, the Fire Marshal or his duly authorized representative; and
WHEREAS, Section 82-474 (a) provides that:
Whenever it shall come to the attention of the Board or any member thereof, by reason of
the carrying out of the necessary duties of such member, or by reason of a complaint of any
citizen of the City or of the City Council, that a dangerous building exists, the Board shall make
a thorough inspection of such building( s); and
WHEREAS, Section 82-474 (e) provides that:
After the inspection provided for in this Section has been made, with or without the aid of
experts, the Board shall report its conclusion in writing to each of the members of the City
Council and to the City Attorney. Such report shall state the circumstances and the condition of
the building(s) upon which such conclusion was based. The report shall be filed in all cases no
matter what conclusion is stated by the Board; and
WHEREAS, it has heretofore come to the attention ofthe Board that the building(s)
located on Blk 92. Lts 2-5. Bayfront which is further described as 602 East Main, Harris County,
Texas, has, for the reason of neglect or misuse, been allowed to deteriorate into a condition of
Ordinance No. 2006- J 'I (;~ , Page 2
decay or partial ruin or has become a public nuisance or hazard, as defined in Section 82-473 of
the Code of Ordinances of the City of La Porte; and
WHEREAS, said Board has heretofore made and filed its written report, dated May 17.
2006 finding said building to be in fact a dangerous building;
WHEREAS, City Council received such report, and ordered notice to the record owner( s)
of said property, Colleen M. Applebe. % Russell Applebe, whose address is 318 Jamison,
La Porte. TX 77571, that a hearing as provided in Section 82-477 of said Ordinance would be
held at 604 W. Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas,
at which time the Council would hear evidence for and against the conclusions of the Board;
WHEREAS, the City Secretary has heretofore served notice of said hearing upon said
owner(s), by registered mail, return receipt requested, which return receipt indicated that said
owner(s) received said notice on June 14.2006, a date more than ten (10) days before the date set
for said hearing;
WHEREAS, at said date, time, and place, City Council met in regular session to conduct
such public hearing, at which time evidence was presented both for and against the conclusions
of the Board;
WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the
termination of the hearing, is required to make its decision in writing and enter its order; and
WHEREAS, City Council entered its order on July 10. 2006 a day which is within fifteen
(15) days after the termination of the hearing; NOW THEREFORE:
Ordinance No. 2006- ~ q DV ' Page 3
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law, and
orders of the City Council ofthe City of La Porte, based upon the evidence presented at said
hearing.
Section 2. Based on the evidence presented at said hearing, the City Council hereby
adopts the attached report of the Board, in full, and incorporates such by reference herein as fully
as though set out herein.
Section 3. The City Council hereby finds, determines and declares such building(s)
to be a nuisance, and orders such building(s) condemned.
Section 4. The City Council hereby finds, determines and declares that Colleen M.
Applebe. % Russell Applebe, who resides at 318 Jamison. La Porte. TX 77571 and is the record
owner(s) of the property on which this building is situated, and that as such record owner(s), the
said Colleen Applebe. % Russell Applebe has been duly and legally notified of those
proceedings.
Section 5. The City Council hereby orders the said Colleen M. Applebe. % Russell
Applebe to entirely remove or tear down such building(s), and further orders the said Colleen M.
Applebe. % Russell Applebe to commence such removal within ten (10) days from the effective
date of this Ordinance and to complete said removal or demolition within thirty (30) days from
the effective date of this ordinance.
Section 6. The City Council hereby orders the Board of the City of La Porte to cause
a notice of the dangerous, unsanitary condition of the building( s) to be affixed in one or more
conspicuous places on the exterior of the building(s), which notice or notices shall not be
removed or defaced by any person, under penalty of law.
Section 7. The City Council hereby orders the City Secretary to forward a certified
copy of this Ordinance, to the record owner( s) of said property, the said Colleen M. Applebe. %
Russell Applebe, by registered mail, return receipt requested.
Section 8. Should the said Colleen M. Applebe. % Russell Applebe, not comply with
the orders contained in this Ordinance relating to the removal or demolition of such building(s)
within thirty (30) days after hereof, then the Board of the City of La Porte shall enter
-
Ordinance No. 2006~ ~'iDL Page 4
upon the said premises with such assistance as it may deem necessary, and cause the said
building(s) to be removed or demolished without delay, and the expenses of such procedure shall
be charged against the said Colleen M. Applebe, % Russell Applebe, record owner(s) of said
property, and shall thereupon become a valid and enforceable personal obligation of said owner
of such premises, and the said Board shall carefully compute the cost of such removal or
demolition, which cost shall be hereafter assessed against the land occupied by such building(s),
and made lien thereon.
Section 9. The City Council officially finds, determines, and recites and declares that
a sufficient written notice of the date, hour, place and subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall ofthe City for the time required by
law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas
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 10. This Ordinance shall take effect and be in force from and after its passage
and approval.
PASSED AND APPROVED this the lolL day of '1'u. Ly , 2006.
CITY p~ LA PORTE '--)'
By: lli~ ~4 \~
Mayor
ATTEST:
~ fli1!J~ .)j)JJI/
City Secretary
APPROVED:
~r~
City Attorney
ACTION OF CITY COUNCIL
On this, the /oJf.. dayof:JU. ~J , ~ool, , the City Secretary of the
City of La Porte, having received the/above and foregoing report :from the Dangerous
Building Inspection Board of the City of La Porte, the City Secretary of the City of La
Porte is hereby ordered to notifY the owner in writing in accordance with the provisions
of the City's Code of Ordinances Article VIII, Section 82-478.
CITY OF LA PORTE
By ~LV~
ATTEST:
LdJ1tWitLuJJ~4
CIty Secretary
.0
CITY SECRETARY'S CERTIFICATE
I hereby certify that on the I fJ1.- day of LA. , _, I mailed a
notice to the above named owner, in connection with the ab e referenced property, said
notice being in accordance with City's Code of Ordinances :Article VIII, Section 82-478.
A copy of said notice is attached hereto. Said notice included a copy of the Dangerous
Building Inspection Form attached hereto.
~~ r'dtit~
M ha Gillett, TRMC, CMC
City Secretary
S:\CPShare\Code Enforcement\Action by City Council Form.doc
April 2004. Rev.
City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE:
05-17-Q6
STREET ADDRESS: 602 E. MAIN ST.
HCAD OWNER: COlLEN M APPLEBE - 602 E. MAIN ST. - LA PORTE. TX 77571-5522 (DECEASED)
DEED OWNER: COLLEEN MASSEY APPLEBE - 602 E. MAIN - LA PORTE. TX 77571
OTHER;
RUSSELL APPLEBE - 318 JAMISON - LA PORTE. TX 77571
(SON)
LEGAL:
BLOCK 92' LOTS 2-5: BAYFRONT
OCCUPANCY TYPE: RESIDENCE
ZONING:
R-I
NON-CONFORMING ISSUES:
FACILlTlES AVAILABLE: WATER:
YES
SEWER:
YES
ELECTRICAL:
YES
GAS:
YES
NO.OF DWELLING UNITS:
(1) UNIT
VACANT:
YES
OCCUPIED:
AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE vm, THE BOARD OF
INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE
BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN F ACf A DANGEROUS BUILDING, FOR THE
FOLLOWING REASONS:
Sec. 82-473. Declaration of Public Nuisance and Hazard.
A. Dangerous or Substandard Buildings or Structures.
A building or structure shall be considered dangerous or substandard whenever it is
determined by the Board, that any or all oCthe CoUowing is applicable:
L-l. A building that is vacant, and is not up to current building code standards. These vacant buildings
can be either open to trespass or boarded up;
2. Whenever any portion thereof bas been damaged by fire, earthquake, wind, flood, or by any other
cause to such an extent that the structural strength or stability thereof is materially less than it was before such
catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure,
purpose or location;
3. Whenever any portion or member or appurtenance thereof is likely to flUI, or to become detached
or dislodged, or to collapse and thereby injure persons or damage property;
4. Whenever the building or structure, or any portion thereot: because of (a) diIapidation,
deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the
ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its
foundation, or (e) any other cause, is likely to partially or completely collapse;
~5. Whenever, for any reason, the building or structure, or any portion thereat: is manifestly unsafe for
the purpose of which it is being used;
Dangerous Buildings Inspection Form Bldg 1
Page 2
_6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has
become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c)
enable persons to resort thereto for the purpose of committing unlawful acts;
L-7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of
inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or
sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in
such a condition that is likely to cause sickness or disease;
L-S. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration,
damage, inadequate exits, lack of sufficient fire-resistive construction, fuulty electric wiring, gas connections, or
heating apparatus or other cause, is determined by the Board to be a fire hazard;
B. Dangerous or substandard electrical, plumbing, or mechanical installations.
A building or structure shall be considered dangerous or substandard whenever it is determined by
the Board, that any or all of the foUowing is applicable:
L-L Whenever any protective or safety device specified in The Electrical Code and of this title is not
provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fuil or function as originally
intended;
L-z. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or
decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use
constitutes a hazard to life, health, property or safety;
3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake,
flood or any other cause so as to constitute a potential hazard to life, health, property or safety;
L- 4. Whenever any installation or any portion thereof was constructed, installed, altered or mainUlined
in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or
safety.
FINDINGS AND CONCLUSIONS OF TIIE BOARD OF INSPECTION:
OPTION #1:
(REF AIRABLE - RESIDENTIAL)
IN ACCORDANCE WITH TIIE CITY'S DANGEROUS BUILDING REGULATIONS AND TIIE 2003 INTERNATIONAL
RESIDENTIAL CODE. AS ADOP'IED. AMENDED AND ENACI'ED BY CITY. ORDINANCE #04-2700 AND #96-2079-
B. USING TIIE REGULATIONS AND CODE AS ITS GUIDE. IT IS TIIE OPINION OF TIIE DANGEROUS BUILDING
INSPECTION BOARD TIiAT TIllS BUILDING IS IN FACT DANGEROUS. BUT STILL REPAIRABLE. ALL
REOUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF
LA PORTE CODES AND ORDINANCES. IF TIIE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WITII
WITHIN TIIE TIMETABLE SET OUT IN ARTICLE vm. SECTION 82-478. IT IS mEN TIIE OPINION OF TInS
BOARD TIiAT TInS BUILDING BE DEMOLISHED.
x Cid. W~ (/5--/9-l1h
BUILDING OFFICIAL'S OFFICE DATE
~~~~
L~/fi~ f
S-p3/d~
DATE
x tJ /J1!1-,o:>t
FIRE CHIEFS OFFICE
Dangerous Building Inspection Form Bldg 1
A = Adequate
1. STRUCTURAL
A. Foundation
1. Slab
2. Pier & Beam
a Footings
b. Sills
c. Joists
B. Walls
1. Exterior
2. Interior
C. Means of Egress
1. Doors
a Interior
b. Exterior
2. Porches, Steps,
Stairs
3. Windows
D. Roof
1. Rafters
2. Deck, Shingles
E. Ceilings
1. Joists
2. Ceiling
F. Floors
G. Other
IT. MEHCANICAL SYSTEMS
A. Electrical
1. Service Enttance
& Panel
Wiring
3. Lights, Switches
4. Outlets
5. Other
B. Plumbing
1. Fixtmes
a Sink
b. Lavatories
c. Water/Closets
d. Shower
e Water Heater
2. WaterPiping
3. Drain, Waste
& Vent
4. Sewer/Septic tank
5. Gas System
C. Heating & AlC
. 1. Heating
2. Air Conditioning
Page 3
D = Deficient
BUllJ)ING EVALUATION CHECKLIST
NfA
l2..-..
l2..-..
UNK
l2..-..
UNK
UNK
A--
l2..-..
l2..-..
l2..-..
l2..-..
UNK
l2..-..
UNK
NfA
l2..-..
UNK
UNK
UNK
~
UNK
UNK
UNK
UNK
UNK
UNK
UNK
UNK
UNK
UNK
UNK
ill. PROPERTY CONDmONS
1. Accessory Structures l2..-..
2. Condition of Grounds l2..-..
3. Other
.,.-
Nf A = Not Applicable
COMMENT fEXPLANATION
UNEVEN SETI'LEMENT
ROT
UNABLE TO INSPECT
HOLES
UNABLE TO INSPECT'"
UNABLE TO INSPECT
BACK PORCH STEPS UNLEVEL: FRONT PORCH - ROT IN
FLOOR & CEILING
BROKEN GLASS
ROT
HOLES
UNABLE TO INSPECT
FALLING INMSffiLE FROM WINDOW & DOORWAY)*
UNABLE TO INSPECT
MULTIPLE PANELS' NOT TO CODE
UNABLE TO INSPECT
'UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
METAL GARAGE - HOLES IN ROOF: ROT
WEEDS. DEBRIS
Comments:
*UNSECURED HOUSE FILLED WITH DEBRIS - HARD TO WALK AROUND & INSPECT.
S:\CPShare\INSPECTION DIVISION\ALL OTHER STUFF\Code EnforcemotrtIDang BuildingslD B INSP FORM 602 E MAIN.doc07-2004 Rev.
ORDINANCE NO. 2006-; '1/) 1
AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON Blk 105. Lts 29-30.
La Porte, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH
BUILDING(S) CONDEMNED; FINDING THAT Joe Booker. % East Texas Investment Group
IS THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S)
TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID
OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10)
DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE AND TO COMPLETE SAID
REMOVAL OR DEMOLITION WITHIN THIRTY (30) DAYS FROM THE EFFECTIVE
DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION
BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY
SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER(S);
PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE
IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN;
PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW.
WHEREAS, the City Council of the City of La Porte, passed and approved Section 82-
472 of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board) to
be composed of the Building Official or his duly authorized representative, the Fire Chief or his
duly authorized representative, the Fire Marshal or his duly authorized representative; and
WHEREAS, Section 82-474 (a) provides that:
Whenever it shall come to the attention of the Board or any member thereof, by reason of
the carrying out of the necessary duties of such member, or by reason of a complaint of any
citizen of the City or of the City Council, that a dangerous building exists, the Board shall make
a thorough inspection of such building(s); and
WHEREAS, Section 82-474 (e) provides that:
After the inspection provided for in this Section has been made, with or without the aid of
experts, the Board shall report its conclusion in writing to each of the members of the City
Council and to the City Attorney. Such report shall state the circumstances and the condition of
the building(s) upon which such conclusion was based. The report shall be filed in all cases no
matter what conclusion is stated by the Board; and
WHEREAS, it has heretofore come to the attention of the Board that the building(s)
located on Blk 105. Lts 29-30. La Porte which is further described as 525 N 3rd St., Harris
County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate into a
Ordinance No. 2006- J q D? , Page 2
condition of decay or partial ruin or has become a public nuisance or hazard, as defined in
Section 82-473 ofthe Code of Ordinances of the City of La Porte; and
WHEREAS, said Board has heretofore made and filed its written report, dated May 17.
2006 finding said building to be in fact a dangerous building;
WHEREAS, City Council received such report, and ordered notice to the record owner(s)
of said property, Joe Booker. % East Texas Investment Group, whose address is 1019 Pinewood
Ln. Seabrook. TX 77586, that a hearing as provided in Section 82-477 of said Ordinance would
be held at 604 W. Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte,
Texas, at which time the Council would hear evidence for and against the conclusions of the
Board;
WHEREAS, the City Secretary has heretofore served notice of said hearing upon said
owner(s), by registered mail, return receipt requested, which return receipt indicated that said
owner( s) received said notice on Post Office attempted delivery of certified mail on June 14.
2006. a date more than ten (10) days before the date set for said hearing;
WHEREAS, at said date, time, and place, City Council met in regular session to conduct
such public hearing, at which time evidence was presented both for and against the conclusions
of the Board;
WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the
termination of the hearing, is required to make its decision in writing and enter its order; and
WHEREAS, City Council entered its order on July 10. 2006 a day which is within fifteen
(15) days after the termination of the hearing; NOW THEREFORE:
Ordinance No. 2006- a ~~, Page 3
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law, and
orders of the City Council of the City of La Porte, based upon the evidence presented at said
hearing.
Section 2. Based on the evidence presented at said hearing, the City Council hereby
adopts the attached report ofthe Board, in full, and incorporates such by reference herein as fully
as though set out herein.
Section 3. The City Council hereby finds, detennines and declares such building( s)
to be a nuisance, and orders such building( s) condemned.
Section 4. The City Council hereby finds, detennines and declares that Joe Booker.
% East Texas Investment Group, who resides at 1019 Pinewood Ln. Seabrook. TX 77586 and is
the record owner(s) of the property on which this building is situated, and that as such record
owner(s), the said Joe Booker. % East Texas Investment Group has been duly and legally
notified of those proceedings.
Section 5. The City Council hereby orders the said Joe Booker. % East Texas
Investment Group to entirely remove or tear down such building(s), and further orders the said
Joe Booker. % East Texas Investment Group to commence such removal within ten (10) days
from the effective date of this Ordinance and to complete said removal or demolition within
thirty (30) days from the effective date of this ordinance.
Section 6. The City Council hereby orders the Board of the City of La Porte to cause
a notice of the dangerous, unsanitary condition of the building( s) to be affixed in one or more
conspicuous places on the exterior ofthe building(s), which notice or notices shall not be
removed or defaced by any person, under penalty oflaw.
Section 7. The City Council hereby orders the City Secretary to forward a certified
copy of this Ordinance, to the record owner(s) of said property, the said Joe Booker. % East
Texas Investment Group, by registered mail, return receipt requested.
Section 8. Should the said Joe Booker. % East Texas Investment Group, not comply
with the orders contained in this Ordinance relating to the removal or demolition of such
building(s) within thirty (30) days after hereof, then the Board ofthe City of La Porte shall enter
Ordinance No.~, Page 4
,.-
upon the said premises with such assistance as it may deem necessary, and cause the said
building(s) to be removed or demolished without delay, and the expenses of such procedure shall
be charged against the said Joe Booker. % East Texas Investment Group, record owner(s) of said
property, and shall thereupon become a valid and enforceable personal obligation of said owner
of such premises, and the said Board shall carefully compute the cost of such removal or
demolition, which cost shall be hereafter assessed against the land occupied by such building(s),
and made lien thereon.
Section 9. The City Council officially finds, determines, and 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 10. This Ordinance shall take effect and be in force from and after its passage
and approval.
PASSED AND APPROVED this the I rJL day of J" u (( I , 2006.
-,
CITf'<(F LA PORT[\)
By: "--~b-v\~
Mayor
ATTEST:
f'fl cvu/Jaw /j. /iA44
City Secretary
APPROVED'
U<L'~ 7 ~-W
City Attorney ,
ACTION OF CITY COUNCIL
On this, the J fJII.- day of , 1oo~ , the City Secretary of the
City of La Porte, having received the a ove and foregoing report from the Dangerous
Building Inspection Board of the City of La Porte, the City Secretary of the City of La
Porte is hereby ordered to notify the owner in writing in accordance with the provisions
of the City's Code of Ordinances Article VITI, Section 82-478.
CITY ODF LA PORTE '0
By: J~~,\~
-.
ATTEST:
vtr; ~t(,A$~
City Secretary
CITY SECRETARY'S CERTIFICATE
I hereby certify that on the I j-lf- dayof:J (. , 2txJ'-, I mailed a
notice to the above named owner, in connection with the ab ve referenced property, said
notice being in accordance with City's Code of Ordinances Article VITI, Section 82-478.
A copy of said notice is attached hereto. Said notice included a copy of the Dangerous
Building Inspection Form attached hereto.
11J. CWi1~ c4~
artha Gillett. TRMC, CMC
City Secretary
S:\CPShare\Code Enforcement\Action by City COWlcil Form.doc
April 2004. Rev.
City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE:
05-17-06
STREET ADDRESS: 525 N. 3RD ST.
HCAD OWNER: ClTYOFLAPORTE-CAUSE#91-31131
TAX RESALE DEED: JOE BOOKER % EAST TEXAS INVESTMENT GROUP - 1019 PINEWooD LN. -
SEABROOK. TX 77586 (1998 CITY RESOLUTION: DEED Fll..ED Anrill999)
LEGAL: BLOCK 105: LOTS 29.30: LA PORTE
OCCUPANCY TYPE: RESIDENCE
ZONING:
R-2
NON-CONFORMING ISSUES: ENCROACHES OVER SOUTH PROPERTY LINE PER 2006 SURVEY
FACILITIES A V AJLABLE: WATER:
ELECTRICAL:
YES
SEWER:
GAS:
YES
YES
YES
NO.OF DWELLING UNITS:
(l) UNIT
VACANT:
YES
OCCUPIED:
AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE vm, THE BOARD OF
INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERlvfINED THE
BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUlLDING, FOR THE
FOLLOWING REASONS:
Sec. 82-473. Dec1aration of Public Nuisance and Hazard.
A. Dangerous or Substandard Buildings or Structures.
A building or structure shaD be considered dangerous or substandard whenever it is
determined by the Board, that any or aU of the following is applicable:
L-l. A building that is vacant, and is not up to current building code standards. These vacant buildings
can be either open to trespass or boarded Ull;
2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other
cause to such an extent that the structural strength or stability thereof is materially less than it was before such
catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure,
purpose or location;
3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached
or dislodged, or to collapse and thereby injure persons or damage property;
_4. Whenever the building or structure, or any portion thereot: because of (a) dilapidation,
deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the
grOUlld necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy ofits
foundation, or (e) any other cause, is likely to partially or completely collapse;
L-S. Whenever, for any reason, the building or structure, or any portion thereot: is manifestly unsafe for
the pmpose of which it is being used;
Dangerous Buildings Inspection Farm Bldg I
Page 2
L- 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has
become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c)
enable persons to resort thereto for the purpose of committing unlawful acts;
L-7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of
inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or
sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in
such a condition that is likely to cause sickness or disease;
8. Whenever any building or struc1me, because of obsolescence, dilapidated condition, deterioration,
damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or
heating appllIll1us or other cause, is determined by the Board to be a fire hazard;
B. Dangerous or substandard electrical, plumbing, or mechanical installations.
A building or structure shall be considered dangerous or substandard whenever it is determined by
the Board, that any or aU of the fonowing is applicable:
L-L Whenever any protective or safety device specified in The Electrical Code and of this title is not
provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally
intended;
L-2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or
decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use
constitutes a hazard to life, health, property or safety;
3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake,
flood or any other cause so as to constitute a potential hazard to life, health, property or safety;
L- 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained
in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or
safety.
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
OPTION #1:
(JffiP AIRABLE - RESIDENTIAL)
IN ACCORDANCE wrm: THE CITY'S DANGEROUS BUILDING REGULATIONS AND THE 2003 INTERNATIONAL
RESIDENTIAL CODE. AS ADOPTED. AMENDED AND ENAC1ED BY CITY. ORDINANCE #04-2700 AND #96-2079-
B. USING THE REGULATIONS AND CODE AS ITS GUIDE. IT IS THE OPINION OF THE DANGEROUS BUILDING
INSPECTION BOARD THAT TInS BUILDING IS IN FACT DANGEROUS. BUT STILL REPAIRABLE. ALL
REOUlRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE wrm: ALL APPLICABLE CITY OF
LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED wrm:
WITHIN THE TIMETABLE SET OUT IN ARTICLE vm. SECTION 82-478 IT IS THEN THE OPINION OF TInS
BOARD THAT TInS BUILDING BE DEMOLISHED.
xJJcW~
BUILDING OFFICIAL'S OFFICE
05"'19'" ,
DATE
~j.~~
'S OFFICE
~1~
S-p :3,h~
DATE
x d/tflofi
FIRE CHIEFS 0 CE ~
Dangerous Building Inspection Form Bldg 1 Page 3
BUILDING EVALUATION CHECKLIST
A = Adequate D = Deficient NI A = Not Applicable
1 SmUCTURAL COMtv.ffiNT I EXPLANATION
A. Fouudation
1. Slab WA-
2. Pier & Beam
a Footings A--
b.Sills IL-- ROT
c. Joists IL-- FLOOR SPRINGY
B. Walls
1. Exterior IL-- HOLES IN WALL & ROTTED SIDING
2. Interior IL- HOLES
Means of Egress
1. Doors
a Interior IL-- SOME MISSING
b. Exterior A--
2. Porches, Steps,
Stairs IL-- ROT
3. Windows IL-- ROT & OPEN
D. Roof
1. Rafters A--
2. Deck, Shingles IL-- OLD
E. Ceilings
1. Joists A--
2. Ceiling IL-- MISSING
F. Floors IL-- SPRINGY
G. Other ~
n. MEHCANlCAL SYSTEMS
A. Electrical
1. Service Entrance
& Panel
2. Wiling
3. Lights, Switches
4. Outlets
5. Other
B. Plumbing
1. Fixtures
a Sink
b. Lavatories
c. WaterlClosets
d. Shower
e WaterHeater
2. Water Piping
3. Drain, Waste
& Vent
4. Sewer/Septic tank
5. Gas System
C. Heating & AlC
1. Heating
2. Air Conditioning
m. PROPERTY CONDmONS
IL--
UNK
IL--
UNK
N/A
A--
IL--
IL---
A--
IL---
UNK
UNK
UNK
UNK
UNK
UNK
1. Accessory Structures NI A
2. Condition of Grounds IL---
3. Other N/A
Comments:
UNSECURED
COVER MISSING
UNABLE TO INSPECT
LIGHT FIXTURES MISSING OR HANGING DOWN COVERS
MISSING
UNABLE TO INSPECT
FALLING DOWN
FALLING DOWN
VENT UNSEATED: UNIT OLD
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
WEEDS & DEBRIS
S:ICPShare\INSPECTION DIVISJON\ALL OTHER STUFF\Code EnforcementIDang BuildingsID B INSP FORM S2.'i N 3RD.doc07-2004 Rev.
ORDINANCE NO. 2006-;{ q 0 Y
AN ORDINANCE DECLARING THE BUll-DING(S) LOCATED ON Blk 89. Lts 25-26.
La Porte, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH
BUll-DING(S) CONDEMNED; FINDING THAT Loretta Y. Walker, Adrianne Walker, Carmen
Walker. Cara L. Walker. & Brandon Walker IS THE RECORD OWNER(S) OF SAID
PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR
DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID
REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE
OF TIllS ORDINANCE AND TO COMPLETE SAID REMOVAL OR DEMOLITION
WITHIN THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF TIllS ORDINANCE;
ORDERING THE DANGEROUS BUll-DING INSPECTION BOARD TO PLACE A NOTICE
ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COpy
OF TIllS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID
BUll-DING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN
THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW.
WHEREAS, the City Council of the City of La Porte, passed and approved Section 82-
472 of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board) to
be composed of the Building Official or his duly authorized representative, the Fire Chief or his
duly authorized representative, the Fire Marshal or his duly authorized representative; and
WHEREAS, Section 82-474 (a) provides that:
Whenever it shall come to the attention of the Board or any member thereof, by reason of
the carrying out of the necessary duties of such member, or by reason of a complaint of any
citizen of the City or of the City Council, that a dangerous building exists, the Board shall make
a thorough inspection of such building(s); and
WHEREAS, Section 82-474 (e) provides that:
After the inspection provided for in this Section has been made, with or without the aid of
experts, the Board shall report its conclusion in writing to each of the members of the City
Council and to the City Attorney. Such report shall state the circumstances and the condition of
the building(s) upon which such conclusion was based. The report shall be filed in all cases no
matter what conclusion is stated by the Board; and
WHEREAS, it has heretofore come to the attention of the Board that the building( s)
located on Blk 89. Lts 25-26. La Porte which is further described as 417 N 4th St., Harris
County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate into a
Ordinance No. 2006- ~ q 0 ~ Page 2
condition of decay or partial ruin or has become a public nuisance or hazard, as defined in
Section 82-473 ofthe Code of Ordinances of the City of La Porte; and
WHEREAS, said Board has heretofore made and filed its written report, dated May 17.
2006 finding said building to be in fact a dangerous building;
WHEREAS, City Council received such report, and ordered notice to the record owner(s)
of said property, Loretta Y Walker. Cara L. Walker. & Brandon Walker, whose address is 300
Spencer Landing E. La Porte. TX 77571-9155 & Adrianne Walker whose address is 9999
Spencer Hwy. La Porte. 77571 & Carmen Walker whose address is 3106 Eagles Nest Dr.. La
Porte. TX 77571, that a hearing as provided in Section 82-477 of said Ordinance would be held
at 604 W. Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at
which time the Council would hear evidence for and against the conclusions ofthe Board;
WHEREAS, the City Secretary has heretofore served notice of said hearing upon said
owner( s), by registered mail, return receipt requested, which return receipt indicated that said
owner(s) Loretta Y. Cara L., & Brandon Walker received said notice on June 14.2006,
Adrianne Walker - Post office attempted delivery of certified mail on June 14. 2006 & Carmen
Walker received said notice on June 23.2006, a date more than ten (10) days before the date set
for said hearing;
WHEREAS, at said date, time, and place, City Council met in regular session to conduct
such public hearing, at which time evidence was presented both for and against the conclusions
of the Board;
WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the
termination of the hearing, is required to make its decision in writing and enter its order; and
WHEREAS, City Council entered its order on July 10, 2006 a day which is within fifteen
(15) days after the termination of the hearing; NOW THEREFORE:
Ordinance No. 2006- )qD { Page 3
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law, and
orders of the City Council of the City of La Porte, based upon the evidence presented at said
hearing.
Section 2. Based on the evidence presented at said hearing, the City Council hereby
adopts the attached report of the Board, in full, and incorporates such by reference herein as fully
as though set out herein.
Section 3. The City Council hereby finds, determines and declares such building( s)
to be a nuisance, and orders such building(s) condemned.
Section 4. The City Council hereby finds, determines and declares that Loretta Y.
Walker. Cara L. Walker, & Brandon Walker, whose address is 300 Spencer Landing E. La Porte.
TX 77571 & Adrianne Walker whose address is 9999 Spencer Hwy. La Porte TX 77571. &
Carmen Walker whose address is 3106 Eagles Nest Dr., La Porte. TX 77571, and is the record
owner(s) of the property on which this building is situated, and that as such record owner(s), the
said Loretta Y. Walker. Adrianne Walker, Carmen Walker, Cara L. Walker & Brandon Walker
have been duly and legally notified of those proceedings.
Section 5. The City Council hereby orders the said Loretta Y. Walker. Adrianne
Walker. Carmen Walker. Cara L. Walker & Brandon Walker to entirely remove or tear down
such building(s), and further orders the said Loretta Y. Walker. Adrianne Walker. Carmen
Walker, Cara L. Walker & Brandon Walker to commence such removal within ten (10) days
from the effective date of this Ordinance and to complete said removal or demolition within
thirty (30) days from the effective date of this ordinance.
Section 6. The City Council hereby orders the Board ofthe City of La Porte to cause
a notice of the dangerous, unsanitary condition ofthe building(s) to be affixed in one or more
conspicuous places on the exterior of the building(s), which notice or notices shall not be
removed or defaced by any person, under penalty of law.
Section 7. The City Council hereby orders the City Secretary to forward a certified
copy of this Ordinance, to the record owner(s) of said property, the said Loretta Y. Walker.
Adrianne Walker, Carmen Walker. Cara L. Walker & Brandon Walker, by registered mail, return
.-
receipt requested.
Ordinance No. 2006. ) '1 D ~, Page 4
Section 8. Should the said Loretta Y. Walker, Adrianne Walker. Carmen Walker,
Cara L. Walker & Brandon Walker, not comply with the orders contained in this Ordinance
relating to the removal or demolition of such building(s) within ten (10) days after hereof, then
the Board of the City of La Porte shall enter upon the said premises with such assistance as it
may deem necessary, and cause the said building(s) to be removed or demolished without delay,
and the expenses of such procedure shall be charged against the said Loretta Y. Walker.
Adrianne Walker. Carmen Walker. Cara L. Walker & Brandon Walker, record owner(s) of said
property, and shall thereupon become a valid and enforceable personal obligation of said owner
of such premises, and the said Board shall carefully compute the cost of such removal or
demolition, which cost shall be hereafter assessed against the land occupied by such building( s),
and made lien thereon.
Section 9. The City Council officially finds, determines, and 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 10. This Ordinance shall take effect and be in force from and after its passage
and approval.
PASSED AND APPROVED this the I~ day of <::S ~l Y , 2006.
CIT~t~PORTE\~ ..
By: ~ C-.-/i \ ~
Mayor
ATTEST:
'1Yl a.rViL A .ulxit
CIty Secretary
APPROVED:
~~r~.-~~
City Attorney
ACTION OF CITY COUNCIL
On this, the J rrfJ- day of cj k (ll , ~ OOlt ' the City Secretary of the
City of La Porte, having received the lbove and foregoing report from the Dangerous
Building Inspection Board of the City of La Porte, the City Secretary of the City of La
Porte is hereby ordered to notify the owner in writing in accordance with the provisions
of the City's Code of Ordinances Article VITI, Section 82-478.
CITY O~A PORTE
By: ~~ry~
ATTEST:
~tW:iJ~ ./:1~
CIty Secretary
CITY SECRETARY'S CERTIFICATE
I hereby certify that on the I J-tt- day of JlJ. ft ' '2. a>(.. , I mailed a
notice to the above named owner, in connection with the a ve referenced property~ said
notice being in accordance with City's Code of Ordinances Article VIII, Section 82-478.
A copy of said notice is attached hereto. Said notice included a copy of the Dangerous
Building Inspection Form attached hereto.
~A-44d
M ha Gillett, TRMC, CMC
City Secretary
S:\CPShare\Code Enforcement\Action by City Council Form.doc
April 2004. Rev.
City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE:
05-17-06
STREET ADDRESS: 417 N. 4m ST.
HCAD OWNER: LORETTA Y. WALKER-300 SPENCERLANDINGE. -LAPORTE. TX77571-9155
DEED OWNER: ADRIANNE W ALKER-9999 SPENCER HWY-LAPORTE. TX 77571: CARMEN W ALKER-
3106 EAGLES NEST DR-LAPORTE. TX 77571: CARA L. W ALKER-300 SPENCER LANDING E-LAPORTE. TX77571:
BRANDON W ALKER-300 SPENCER LANDING E-LAPORTE. TX 77571
LEGAL:
BLOCK 89: LOTS 25. 26: LA PORTE
OCCUPANCY TYPE: RESIDENCE
ZONING:
R-l
NON-CONFORMING ISSUES:
FACIL1TIES AVAILABLE: WATER:
ELECTRICAL:
YES
YES
SEWER.:
YES
GAS:
YES
NO.OF DWELLING UNITS:
(1) UNIT
VACANT:
YES
OCCUPIED:
AS REQUIRED IN TIiE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, TIm BOARD OF
INSPECTION MADE AN INSPECTION OF TIiE AFOREMENTIONED PROPERTY, AND DETERMINED TIm
BUll.DING LOCATED TI:1EREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUIlDING, FOR TIm
FOLLOWING REASONS:
Sec. 82-473. Declaration of Public Nuisance and Hazard.
A. Dangerous or Substandard Buildings or Structures.
A building or structure shaD be considered dangerous or substandard whenever it is
determined by the Board, that any or all of the following is applicable:
L-..1. A building that is vacant, and is not up to current building code standards. These vacant buildings
can be either open to trespass or boarded up;
2. Whenever any portion thereofbas been damaged by fire, earthquake. wind, flood. or by any other
cause to such an extent that the structwal strength or slability thereof is materially less than it was before such
catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure,
pwpose or location;
3. Whenever any portion or member or appurtenance thereof is likely to faiL or to become detached
or dislodged. or to collapse and thereby injure persons or damage property;
4. Whenever the building or structure, or any portion thereot; because of (a) dilapidation.
deterioration. or decay; (b) fimlty construction; (c) the removal. movement or inslability of any portion of the
ground necessary for the purpose of supporting the building; (d) the deterioration. decay, or inadequacy of its
foundation. or (e) any other cause, is likely to partially or completely collapse;
L-..5. Whenever, for any reason. the building or structure, or any portion thereot; is manifestly unsafe for
the purpose of which it is being used;
Dangerous Buildings Inspection Form Bldg I
Page 2
~6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has
become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to ( c)
enable persons to resort thereto for the purpose of committing unlawful acts;
~7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of
inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or
sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in
such a condition that is likely to cause sickness or disease;
8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration,
damage, inadequate exits, lack of sufficient fire-resistive construction, fu.uIty electric wiring, gas connections, or
heating apparatus or other cause, is determined by the Board to be a fire hazard;
B. Dangerous or substandard electrical, plumbing, or mechanical installations.
A building or structure shall be considered dangerous or substandard whenever it is determined by
the Board, that any or all of the following is applicable:
~l. Whenever any protective or safety device specified in The Electrical Code and of this title is not
provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to :fuiI or function as originally
intended;
~2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or
decay; (b) fuulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use
constitutes a hazard to life, health, property or safety;
3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake,
flood or any other cause so as to constitute a potential hazard to life, health, property or safety;
~ 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained
in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or
safety.
FINDINGS AND CONCLUSIONS OF TIlE BOARD OF INSPECTION:
OPTION #1:
(REP AJRABLE - RESIDENTIAL)
IN ACCORDANCE wrrn TIlE CITY'S DANGEROUS BUILDING REGULATIONS AND TIlE 2003 INTERNATIONAL
RESIDENTIAL CODE. AS ADOPIED. AMENDED AND ENAC1ED BY CITY. ORDINANCE #04-2700 AND #96-1079-
B. USING TIlE REGULATIONS AND CODE AS ITS GUIDE. IT IS TIlE OPINION OF TIlE DANGEROUS BUllDING
INSPECTION BOARD THAT lHIS BUllDING IS IN FACT DANGEROUS. BUT STILL REPAIRABLE. ALL
REQUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPlJCABLE CITY OF
LA PORTE CODES AND ORDINANCES. IF TIlE REPAIR OR ALTERATION ORDER IS NOT COMPLIED wrrn
WITHIN TIlE TIMETABLE SET OUT IN ARTICLE vm. SECTION 82-478 IT IS TI!EN TIlE OPINION OF TInS
BOARD THAT lHIS BUILDING BE DEMOUSHED.
x)cl..1N~ ,,6-1'-d6
BUllDING OFFICIAL'S OFFICE DATE
x{'~~ ,A,y~
FIRE OFFICE rDA
~///l. Roy fjp3lk,
CHIEFS OFFICE DATE
Dangerous Building Inspection Form Bldg 1
A = Adequate
1 SlRUCTURAL
A. Foundation
1. Slab
2. Pier & Beam
a Footings
b. Sills
c. Joists
B. Walls
1. Exterior
2. Interior
C. Meaus ofEgress
I. Doors
a Interior
b.Exterior
2. Porches, Steps,
Stairs
3. Wmdows
D. Roof
1. Rafters
2: Deck, Shingles
E. Ceilings
1. Joists
2. Ceiling
F. Floors
G. Other
II. MEHCANICAL SYSTEMS
A. Electrical
1. Service Entrance
& Panel
Wiring
3. Lights, Switches
4. Outlets
5. Other
B. Plnmbing
1. Fixtures
a Sink
b. Lavatories
c. Water/Closets
d. Shower
e Water Heater
2. WaterPiping
3. Drain. Waste
& Vent
4. Sewer/Septic tank
5. Gas System
C. Heating & AlC
1. Heating
2. Air Conditioning
ill. PROPERTY CONDmONS
Page 3
D = Deficient
BUILDING EVALUATION CHECKLIST
NI A = Not Applicable
N/A
IL-
UNK
IL-
UNK
IL-
L-
IL-
IL-
IL-
UNK
IL-
UNK
UNK
!L-
N/A
UNK
UNK
UNK
!L-
N/A
L-
IL-
IL-
L-
UNK
UNK
UNK
UNK
UNK
UNK
UNK
I. Accessory Structures ~
2. Condition of Grounds IL-
3. Other
COMMENT I EXPLANATION
UNEVEN SETTLEMENT
UNABLE TO INSPECT
ROT. FLOOR SPRINGY
UNABLE TO INSPECT
HOLES: SHEElROCK MISSING
THRESHOLD ROTIED: DOORS DAMAGED
BACK PORCH STEPS MISSING: FRONT PORCH UNEVEN
ROT
UNABLE TO INSPECT
DAMAGED FROM FALLEN TREE
UNABLE TO INSPECT
UNABLE TO INSPECT
INADEOUATE: SPRINGY
NOT ON EXIERIOR: UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNGROUNDED
OFF WALL
FALLING IN
OLD UNIT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO lNSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
WEEDS: DEBRIS
Comments:
UNSECURED: HOUSE FULL OF DEBRIS
S:\CPSbareIINSPECI10N DIVISION\AlJ.. OTI:IER STUFFlCod. Euforcemeut\Dang Buildings\D B INSP FORM 417N 4TH.doc07-2004 Rev.
ORDINANCE NO. 2006- ~ ~ D q
AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON Blk 88. Lts 1-2.
La Porte, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH
BUILDING(S) CONDEMNED; FINDING THAT Daniel Baker IS THE RECORD OWNER(S)
OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR
TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE
SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE
DATE OF THIS ORDINANCE AND TO COMPLETE SAID REMOVAL OR DEMOLITION
WITHIN THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE;
ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE
ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY
OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID
BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN
THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW.
WHEREAS, the City Council ofthe City of La Porte, passed and approved Section 82-
472 of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board) to
be composed of the Building Official or his duly authorized representative, the Fire Chief or his
duly authorized representative, the Fire Marshal or his duly authorized representative; and
WHEREAS, Section 82-474 (a) provides that:
Whenever it shall come to the attention of the Board or any member thereof, by reason of
the carrying out of the necessary duties of such member, or by reason of a complaint of any
citizen of the City or of the City Council, that a dangerous building exists, the Board shall make
a thorough inspection of such building(s); and
WHEREAS, Section 82-474 (e) provides that:
After the inspection provided for in this Section has been made, with or without the aid of
experts, the Board shall report its conclusion in writing to each of the members of the City
Council and to the City Attorney. Such report shall state the circumstances and the condition of
the building(s) upon which such conclusion was based. The report shall be filed in all cases no
matter what conclusion is stated by the Board; and
WHEREAS, it has heretofore come to the attention of the Board that the building( s)
located on Blk 88. Lts 1-2. La Porte which is further described as 428 N 4th St., Harris County,
Texas, has, for the reason of neglect or misuse, been allowed to deteriorate into a condition of
Ordinance No. 2006- ~ q D\, Page 2
decay or partial ruin or has become a public nuisance or hazard, as defined in Section 82-473 of
the Code of Ordinances of the City of La Porte; and
WHEREAS, said Board has heretofore made and filed its written report, dated May 17.
2006 finding said building to be in fact a dangerous building;
WHEREAS, City Council received such report, and ordered notice to the record owner(s)
of said property, Daniel Baker, whose address is 417 N. 3rd S1.. La Porte. TX 77571-3415 that a
hearing as provided in Section 82-477 of said Ordinance would be held at 604 W. Fairmont
Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council
would hear evidence for and against the conclusions of the Board;
WHEREAS, the City Secretary has heretofore served notice of said hearing upon said
owner( s), by registered mail, return receipt requested, which return receipt indicated that said
owner(s) received said notice on June 14.2006. a date more than ten (10) days before the date set
for said hearing;
WHEREAS, at said date, time, and place, City Council met in regular session to conduct
such public hearing, at which time evidence was presented both for and against the conclusions
of the Board;
WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the
termination of the hearing, is required to make its decision in writing and enter its order; and
WHEREAS, City Council entered its order on July 10. 2006 a day which is within fifteen
(15) days after the termination of the hearing; NOW THEREFORE:
Ordinance No. 2006- ~ t; DC" Page 3
BE IT ORDAINED BY THE CITY COUNCil.- OF THE CITY OF LA PORTE:
Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law, and
orders of the City Council of the City of La Porte, based upon the evidence presented at said
hearing.
Section 2. Based on the evidence presented at said hearing, the City Council hereby
adopts the attached report of the Board, in full, and incorporates such by reference herein as fully
as though set out herein.
Section 3. The City Council hereby finds, determines and declares such building(s)
to be a nuisance, and orders such building(s) condemned.
Section 4. The City Council hereby finds, determines and declares that Daniel Baker,
who resides at 417 N 3rd St.. La Porte. TX 77571-3415 and is the record owner(s) of the
property on which this building is situated, and that as such record owner(s), the said Daniel
Baker has been duly and legally notified of those proceedings.
Section 5. The City Council hereby orders the said Daniel Baker to entirely remove
or tear down such building(s), and further orders the said Daniel Baker to commence such
removal within ten (10) days from the effective date of this Ordinance and to complete said
removal or demolition within thirty (30) days from the effective date of this ordinance.
Section 6. The City Council hereby orders the Board of the City of La Porte to cause
a notice of the dangerous, unsanitary condition of the building(s) to be affixed in one or more
conspicuous places on the exterior of the building(s), which notice or notices shall not be
removed or defaced by any person, under penalty oflaw.
Section 7. The City Council hereby orders the City Secretary to forward a certified
copy of this Ordinance, to the record owner(s) of said property, the said Daniel Baker, by
registered mail, return receipt requested.
Section 8. Should the said Daniel Baker, not comply with the orders contained in this
Ordinance relating to the removal or demolition of such building(s) within thirty (30) days after
hereof, then the Board of the City of La Porte shall enter upon the said premises with such
assistance as it may deem necessary, and cause the said building(s) to be removed or demolished
Ordinance No. 2006- 9 '1 O~, Page 4
without delay, and the expenses of such procedure shall be charged against the said Daniel
Baker. record owner(s) of said property, and shall thereupon become a valid and enforceable
personal obligation of said owner of such premises, and the said Board shall carefully compute
the cost of such removal or demolition, which cost shall be hereafter assessed against the land
occupied by such building(s), and made lien thereon.
Section 9. The City Council officially finds, determines, and recites and declares that
a sufficient written notice ofthe 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 10. This Ordinance shall take effect and be in force from and after its passage
and approval.
PASSED AND APPROVED this the
I f)/1- day of ::11.1..( t ' 2006.
CITR ~A~OR~~ .
By: ~c-g ~
Mayor
ATTEST:
'-1Yl eutA fL rJ ):) ,({. td/
City Secretary
APPRZ
'. Mt/I '~
City Attorney
ACTION OF CITY COUNCIL
On this, the I oJI... day of :J ul ~ ' J Oil (, ,the City Secretary of the
City of La Porte, having received the bove and foregoing report from the Dangerous
Building Inspection Board of the City of La Porte, the City Secretary of the City of La
Porte is hereby ordered to notify the owner in writing in accordance with the provisions
of the City's Code of Ordinances Article VITI, Section 82-478.
CITY ~APORTEC:l0
By: ~~.,\~
ATTEST:
'11l{L{tAd. t/1~~1
City Secretary
CITY SECRETARY'S CERTIFICATE
I hereby certify that 00 the 1I-li- day of J vI it; ~ I mailed a
notice to the above named owner, in connection with the a ove referenced property, said
notice being in accordance with City's Code of Ordinances Article VITI, Section 82-478.
A copy of said notice is attached hereto. Said notice included a copy of the Dangerous
Building Inspection Form attached hereto.
IY?~ AUd/
Martha Gillett, TRMC, CMC
City Secretary
S:\CPShare\Code Enforcement\Action by City Council Form.doc
April 2004. Rev.
City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE:
05-17-06
STREET ADDRESS: 428 N. 4m ST.
HCAD OWNER: DANIEL BAKER-417N. 3RD ST. -LAPORTE. TX77571-3415
DEEDOWNER.: DANIELBAKER-417NORTIi3RD ST. -LAPORTE. TX77571
LEGAL: BLOCK. 88: LOTS 1.2: LA PORTE
OCCUPANCY TYPE: RESIDENCE
ZONING:
R-l
NON-CONFORMlNG ISSUES:
FACILITIES AVAILABLE: WATER:
YES
SEWER:
YES
ELECTRICAL:
YES
GAS:
YES
NO.OF DWELLING UNITS:
(1) UNIT
VACANT:
YES
OCCUPIED:
AS REQUIRED IN TIlE CITY'S CODE OF ORDINANCE, CHAPI'ER 82; ARTICLE vm. TIlE BOARD OF
INSPECTION MADE AN INSPECTION OF TIlE AFOREMENTIONED PROPERTY, AND DETERMlNED TIlE
BUllDING LOCATED TIiEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE
FOLLOWING REASONS:
Sec. 82-473. Declaration of Public Nuisance and Hazard.
A. Dangerous or Substandard Buildings or Structures.
A building or structure shall be considered dangerous or substandard whenever it is
determined by the Board, that any or all of the fonowing is applicable:
L-l. A building that is vacant, and is not up to current building code standards. These vacant buildings
can be either open to trespass or boarded up;
L-2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other
cause to such an extent that the structural strength or stability thereof is materially less than it was before such
catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure,
purpose or location;
L-3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached
or dislodged, or to collapse and thereby injure persons or damage property;
L- 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation,
deterioration, or decay; (b) fuu1ty construction; ( c) the removal, movement or instability of any portion of the
ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its
foundation, or (e) any other cause, is likely to partially or completely collapse;
L-S. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for
the purpose of which it is being used;
Dangerous Buildings Inspection Form Bldg 1
Page 2
L- 6. Whenever the building or structure bas been so damaged by fire, wind, earthquake, or flood, or bas
become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c)
enable persons to resort thereto for the purpose of committing unlawful acts;
L-7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of
inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or
sanitation fucilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in
such a condition that is likely to cause sickness or disease;
L- 8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration,
damage, inadequate exits, lack of sufficient fire-resistive construction, fuulty electric wiring, gas connections, or
heating apparatus or other cause, is determined by the Board to be a fire hazard;
B. Dangerous or substandard electrical, plumbing, or mechanical installations.
A building or structure shall be considered dangerous or substandard whenever it is determined by
the Board, that any or all of the following is applicable:
L-l. Whenever any protective or safety device specified in The Electrical Code and of this title is not
provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally
intended;
L-2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or
decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use
constitutes a hazard to life, health, property or safety;
L-3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake,
flood or any other cause so as to constitute a potential hazard to life, health, property or safety;
~ 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained
in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or
safety.
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
OPTION #1 : (REPAIRABLE - RESIDENTIAL)
IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS AND THE 2003 INTERNATIONAL
RESIDENTIAL CODE. AS ADOPTED. AMENDED AND ENAClED BY CITY. ORDINANCE #04-2700 AND #96-2079-
B. USING THE REGULATIONS AND CODE AS ITS GUIDE. IT IS THE OPINION OF THE DANGEROUS BUILDING
INSPECTION BOARD THAT TInS BUTI..DING IS IN FACT DANGEROUS BUT STILL REPAIRABLE. ALL
REQUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF
LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WITH
WITHIN THE TIMET ABLE SET OUT IN ARTICLE vm. SECTION 82-478 IT IS THEN THE OPINION OF TInS
BOARD THAT TInS BUTI..DING BE DEMOLISHED.
x s:0. W~ (J.!;-1J'-tJ6
BUILDING OFFICIAL'S OffiCE DATE
x(i~~
FIRE 'S OFFICE
5~~UJ
SiJ;;b6
DATE
JJJeti~
Dangerous Building Inspection Form Bldg 1 Page 3
BUILDING EVALUATION CHECKLIST
A = Adequate D = Deficient N/ A = Not Applicable
1 STRUCTURAL COMMENT /EXPLANATION
A. Foundation
LSJab ~
2. Pier &. Beam
a Footings A....-
b. Sills UNK UNABLE TO INSPECT
c. Joists UNK UNABLE TO INSPECT
B. WaDs
1. Exterior IL-- FIRE DAMAGED
2. Interior UNK UNABLE TO INSPECT
c. MeaDs of Egress
1. Doors
a Interior UNK UNABLE TO INSPECT
b. Exterior IL-- FRONT. FIRE DAMAGED
2. Porches, Steps,
Stairs IL-- FIRE DAMAGED
3. Windows IL-- FIRE DAMAGED
D. Roof
1. Rafters IL-- FIRE DAMAGED
2. Deck, Shingles IL-- FIRE DAMAGED
E. Ceilings
1. Joists IL-- FIRE DAMAGED
2. Ceiling IL-- FIRE DAMAGED
F. Floors L- FIRE DAMAGED
G. Other N/A
ll. MEHCANICAL SYS1EMS
A. Electrical
1. Service Entrance
&'Panel
Wu:ing
3. Lights, Switches
4. OntIets
5. Other
B. Plumbing
1. FJ.Xtures
a Sink
b. Lavatories
c. Water/Closets
d. Shower
e Water Heater
2. Water Piping
3. Drain, Waste
&.Veut
4. Sewer/Septic tank
5. Gas System
C. Heating & Ale
1. Heating
2. Air Conditioning
ill. PROPERTY CONDmONS
IL--
IL--
UNK
UNK
~
UNK
UNK
UNK
UNK
UNK
UNK
UNK
UNK
UNK
UNK
UNK
1. Accessory Stmctures A....-
2. Condition of Grounds IL--
3. Other
Comments:
FIRE 9-3-05
DEAD FRONT MISSING: POOR CONDmON
FIRE DAMAGED
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
STORAGE BLDGS (2)
DEBRIS. (3) JV'S
S:\CPSbareIlNSPECTION DMSlON\AlL OTHER STUFF\Code EmorcementlOallg BuiIdingsID B INSP FORM 428 N STIidoc07-2004 Rev.
ORDINANCE NO. 2006- ~ t:j / ()
AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON Blk 80, Lts 13-14.
La Porte, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH
BUILDING(S) CONDEMNED; FINDING THAT Estella Monroe IS THE RECORD
OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY
REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO
COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE
EFFECTIVE DATE OF THIS ORDINANCE AND TO COMPLETE SAID REMOVAL OR
DEMOLITION WITHIN TlllRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS
ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO
PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO
FORWARD A COpy OF TIllS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE
REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY
SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE
DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW.
WHEREAS, the City Council of the City of La Porte, passed and approved Section 82-
472 of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board) to
be composed of the Building Official or his duly authorized representative, the Fire Chief or his
duly authorized representative, the Fire Marshal or his duly authorized representative; and
WHEREAS, Section 82-474 (a) provides that:
Whenever it shall come to the attention of the Board or any member thereof, by reason of
the carrying out of the necessary duties of such member, or by reason of a complaint of any
citizen of the City or of the City Council, that a dangerous building exists, the Board shall make
a thorough inspection of such building(s); and
WHEREAS, Section 82-474 (e) provides that:
After the inspection provided for in this Section has been made, with or without the aid of
experts, the Board shall report its conclusion in writing to each of the members ofthe City
Council and to the City Attorney. Such report shall state the circumstances and the condition of
the building(s) upon which such conclusion was based. The report shall be filed in all cases no
matter what conclusion is stated by the Board; and
WHEREAS, it has heretofore come to the attention of the Board that the building(s)
located on Blk 80. Lts 13-14. La Porte which is further described as 306 N 5th St., Harris
County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate into a
Ordinance No. 2006- J q / t) , Page 2
condition of decay or partial ruin or has become a public nuisance or hazard, as defined in
Section 82-473 of the Code of Ordinances of the City of La Porte; and
WHEREAS, said Board has heretofore made and filed its written report, dated May 17,
2006 finding said building to be in fact a dangerous building;
WHEREAS, City Council received such report, and ordered notice to the record owner(s)
of said property, Estella Monroe, whose address is 306 N 5th S1.. La Porte. TX 77571-3430. that
a hearing as provided in Section 82-477 of said Ordinance would be held at 604 W. Fairmont
Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council
would hear evidence for and against the conclusions of the Board;
WHEREAS, the City Secretary has heretofore served notice of said hearing upon said
owner(s), by registered mail, return receipt requested, which return receipt indicated that said
owner(s) received said notice on Post Office returned certified envelope as "undeliverable" on
June 14. 2006. a date more than ten (10) days before the date set for said hearing;
WHEREAS, at said date, time, and place, City Council met in regular session to conduct
such public hearing, at which time evidence was presented both for and against the conclusions
of the Board;
WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the
termination of the hearing, is required to make its decision in writing and enter its order; and
WHEREAS, City Council entered its order on July 10. 2006 a day which is within fifteen
(15) days after the termination of the hearing; NOW THEREFORE:
Ordinance No. 2006- ~ '1LQ.., Page 3
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
--
Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law, and
orders ofthe City Council of the City of La Porte, based upon the evidence presented at said
hearing.
Section 2. Based on the evidence presented at said hearing, the City Council hereby
adopts the attached report of the Board, in full, and incorporates such by reference herein as fully
as though set out herein.
Section 3. The City Council hereby finds, determines and declares such building(s)
to be a nuisance, and orders such building(s) condemned.
Section 4. The City Council hereby finds, determines and declares that Estella
Monroe, who resides at 306 N 5th St.. La Porte, TX 77571-3430 and is the record owner(s) of
the property on which this building is situated, and that as such record owner(s), the said Estella
Monroe has been duly and legally notified of those proceedings.
Section 5. The City Council hereby orders the said Estella Monroe to entirely
remove or tear down such building(s), and further orders the said Estella Monroe to commence
such removal within ten (10) days from the effective date of this Ordinance and to complete said
removal or demolition within thirty (30) days from the effective date of this ordinance.
Section 6. The City Council hereby orders the Board ofthe City of La Porte to cause
a notice of the dangerous, unsanitary condition ofthe building(s) to be affixed in one or more
conspicuous places on the exterior of the building(s), which notice or notices shall not be
removed or defaced by any person, under penalty oflaw.
Section 7. The City Council hereby orders the City Secretary to forward a certified
copy of this Ordinance, to the record owner(s) of said property, the said Estella Monroe, by
registered mail, return receipt requested.
Section 8. Should the said Estella Monroe, not comply with the orders contained in
this Ordinance relating to the removal or demolition of such building(s) within thirty (30) days
after hereof, then the Board of the City of La Porte shall enter
Ordinance No. 2006- ~ 'lLL Page 4
upon the said premises with such assistance as it may deem necessary, and cause the said
building(s) to be removed or demolished without delay, and the expenses of such procedure shall
be charged against the said Estella Monroe, record owner(s) of said property, and shall thereupon
become a valid and enforceable personal obligation of said owner of such premises, and the said
Board shall carefully compute the cost of such removal or demolition, which cost shall be
hereafter assessed against the land occupied by such building(s), and made lien thereon.
Section 9. The City Council officially finds, determines, and recites and declares that
a sufficient written notice of the date, hour, place and subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall ofthe City for the time required by
law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas
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 10. This Ordinance shall take effect and be in force from and after its passage
and approval.
PASSED AND APPROVED this the IJ- day of '1 u lV' 2006.
C1Tr,<\F ~~ PORTI'lE '\)
By: ~J\~-
Mayor
ATTEST:
:1ll 0Ji~,~ 4;;4
City Secretary
APPROW:;r ~.b
~~
City Attorney
ACTION OF CITY COUNCIL
On this, the lad- day of "1 (). (~ ' ~ 00 ~ , the City SecrelaIy of the
City of La Porte, having received the a ove and foregomg report from the Dangerous
Building Inspection Board of the City of La Porte, the City Secretary of the City of La
Porte is hereby ordered to notify the owner in writing in accordance with the provisions
ofthe City's Code of Ordinances Article VITI, Section 82-478.
CITY OF LA PORTE
~W~
By:
ATTEST:
vflJrJll;/JtL ~
City Secretary
CITY SECRETARY'S CERTIFICATE
I hereby certify that on the II#-. day of J't (tfo k. 00(.. , I mailed a
notice to the above named owner, in connection with the a ove referenced property, saId
notice being in accordance with City's Code of Ordinances Article VITI, Section 82-478.
A copy of said notice is attached hereto. Said notice included a copy of the Dangerous
Building Inspection Form attached hereto.
1Y!~a, ~
Martha Gillett, TRMC, CMC
City Secretary
S:\CPShare\Code Enforcement\Action by City Council Form.doc
April 2004. Rev.
City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE:
05-17-06
STREET ADDRESS: 306 N. 5TH ST.
HCAD OWNER: ESTELLA MONROE - 306 N. 5TH ST. - LA PORTE. TX n571-3430
DEED OWNER: ESTELLA MONROE - 306 NORTH 51H - LA PORTE. TX 77571
LEGAL: BLOCK 80: LOTS 13.14: LAPORTE
OCCUPANCY TYPE: RESIDENCE
ZONING:
R-l
NON-CONFORMING ISSUES:
FACILITIES AVAILABLE: WATER:
YES
SEWER:
GAS:
YES
ELECI'RICAL:
YES
YES
NO.OF DWELLING UNITS:
(1) UNIT
VACANT:
YES
OCCUPIED:
AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF
INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE
BUll.DING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUll.DING, FOR THE
FOLLOWING REASONS:
Sec. 82-473. DecIaration of Public Nuisance and Hazard.
A. Dangerous or Substandard Buildings or Structures.
A building or structure shall be considered dangerous or substandard whenever it is
determined by the Board, that any or all of the following is applicable:
L-L A building that is vacant, and is not up to current building code standards. These vacant buildings
can be either open to trespass or boarded up;
_2. Whenever any portion thereofhas been damaged by fire, earthquake, wind, flood, or by any other
cause to such an extent that the structural strength or stability thereof is materially less than it was before such
catastrophe and is less than the m;n;nnun requirements of the building code for new buildings of similar structure,
purpose or location;
3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached
or dislodged, or to collapse and thereby injure persons or damage property;
_4. Whenever the building or structure, or any portion thereat: because of (a) dilapidation,
deterioration, or decay; (b) fiwlty construction; (c) the removal, movement or instability of any portion of the
ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its.
foundation, or (e) any other cause, is likely to partially or completely collapse;
L-5. Whenever, fur any reason, the building or structure, or any portion thereot: is manifestly unsafe fur
the purpose of which it is being used;
Dangerous Buildings Inspection Form Bldg 1
Page 2
~ 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has
become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c)
enable persons to resort thereto for the purpose of committing unlawful acts;
~7_ Whenever a building or structure, used or intended to be used for dwelling purposes, because of
inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or
sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in
such a condition that is likely to cause sickness or disease;
8. Whenever any building or structure, becanse of obsolescence, dilapidated condition, deterioration,
damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or
heating apparatus or other canse, is determined by the Board to be a fire hazard;
B. Dangerous or substandard electrical, plumbing, or mechanical installations.
A building or structure shall be considered dangerous or substandard whenever it is determined by
the Board, that any or aU of the following is applicable:
1. Whenever any protective or safety device specified in The Electrical Code and of this title is not
provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally
intended;
L-2. Whenever any installation or any portion thereofbecanse of (a) dilapidation, deterioration, or
decay; (b) fu.ulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use
constitutes a hazard to life, health, property or safety;
3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake,
flood or any other canse so as to constitute a potential hazard to life, health, property or safety;
L- 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained
in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or
safety.
FINDINGS AND CONCLUSI.oNS OF THE BOARD OF INSPECTION:
OPTION #1:
lREP AIRABLE - RESIDENTIAL)
IN ACCORDANCE wrrn: THE CITY'S DANGEROUS BUlLDING REGULATIONS AND TIm 2003 INTERNATIQNAL
RESIDENTIAL CQDE. AS AOOP'IED. AMENDED AND ENACIED BY CITY. ORDINANCE #04-2700 AND #96-2079-
B. USING THE REGULATIONS AND CODE AS ITS GUIDE IT IS THE .oPINION OF THE DANGEROUS BUlLDING
INSPECTION BOARD THAT TInS BUILDING IS IN F ACf DANGEROUS BUT STILL REPAIRABLE. ALL
REQUIRED REPAlRS .oR ALTERATIQNS SHALL BE DONE IN ACCORDANCE WTIH ALL APPLICABLE CITY OF
LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED wrrn:
WITHIN THE TIMETABLE SET OUT IN ARTICLE VIII. SECTION 82-478. IT IS !HEN TIm OPINION .oF THIS
B.oARD THAT THIS BUll.DING BE DEM.oUSHED.
x k), UJ~ 05-/9-11(
BUILDING .oFFICIAL'S .oFFICE DATE
;(~~CE
r/t?4
, DATE
x!J//l ~
FIRE CHIEFS OFFICE
~3/t;"
DATE
Dangerous Building Inspection Farm Bldg 1
A = Adequate
1 STRUCTURAL
A. Foundation
1. Slab
2. Pier & Beam
a Footings
b.Sills
c.Joists
B. WaDs
1. Exterior
2. Interior
Means of Egress
1. Doors
a Interior
b. Exterior
2. Porches, Steps,
Stairs
3. Windows
D. Roof
1. Rafters
2. Deck, Shingles
E. Ceilings
1. Joists
2. Ceiling
F. Floon
G. Other
ll. MEHCANICAL SYSTEMS
A. Electrical
1. Service Entrance
& Panel
2. Wiring
3. Lights, Switches
4. Outlets
5. Other
B. Plumbing
1. Fixtures
a Sink
b. Lavatories
c. Water/Closets
d. Shower
e. Water Heater
2. WaterPiping
3. Drain, Waste
& Vent
4. Sewer/Septic tmk
5. Gas System
C. Heating & AlC
1. Heating
2. Air Conditioning
ill. PROPERTY CONDmONS
Page 3
D = Deficient
BUILDING EVALUATION CHECKLIST
N/A
IL--
IL--
UNK.
IL--
UNK
UNK.
IL--
IL--
IL--
L-
IL--
UNK.
IL--
IL--
~
IL--
UNK.
UNK.
UNK
~
IL--
UNK.
UNK
UNK
IL--
UNK.
UNK
UNK
UNK
UNK
UNK
1. Accessory Stmctures N/ A
2. Condition of Grounds IL--
3. Other
Comments:
N/ A = Not Applicable
COMMENT /EXPLANATION
UNEVEN SETTLEMENT
ROT: MISSING
UNABLE TO INSPECT
ROT. HOLES
UNABLE TO INSPECT
UNABLE TO INSPECT
ROTTED THRESHOLD
REAR STEPS BROKEN
BROKEN IN PLACES. ROT
NO SHINGLES
UNABLE TO INSPECT
WATER STAINS
MISSING IN KITCHEN (WINDOW VIEW)
DEAD FRONT MISSING
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECI'
NO SINK (WINDOW VIEW)
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
IMPROPER INSTALLATION: NO T & P LINE
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
DEBRIS & DOWNED TREE
S:\CPSbare\INSPECTION DIVISION\ALL OTIIER STUFFlCode EnforcementIDang BuildingsID B INSP FORM 306 N 5TH.doc07-2004 Rev.
ORDINANCE NO. 2006-!J.. q (J
AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON Blk 66. Lts 7-8.
La Porte, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH
BUILDING(S) CONDEMNED; FINDING THAT Callie Mae Wade Sims % Georgia Mae
Hughes IS THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID
OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING
THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN
TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE AND TO
COMPLETE SAID REMOVAL OR DEMOLITION WITHIN THIRTY (30) DAYS FROM
THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS
BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S);
ORDERING THE CITY SECRETARY TO FORWARD A COpy OF THIS ORDINANCE TO
SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE
CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER
PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW.
WHEREAS, the City Council of the City of La Porte, passed and approved Section 82-
472 of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board) to
be composed of the Building Official or his duly authorized representative, the Fire Chief or his
duly authorized representative, the Fire Marshal or his duly authorized representative; and
WHEREAS, Section 82-474 (a) provides that:
Whenever it shall come to the attention of the Board or any member thereof, by reason of
the carrying out of the necessary duties of such member, or by reason of a complaint of any
citizen of the City or of the City Council, that a dangerous building exists, the Board shall make
a thorough inspection of such building(s); and
WHEREAS, Section 82-474 (e) provides that:
After the inspection provided for in this Section has been made, with or without the aid of
experts, the Board shall report its conclusion in writing to each of the members of the City
Council and to the City Attorney. Such report shall state the circumstances and the condition of
the building(s) upon which such conclusion was based. The report shall be filed in all cases no
matter what conclusion is stated by the Board; and
WHEREAS, it has heretofore come to the attention of the Board that the building(s)
located on Blk 66. Lts 7-8. La Porte which is further described as 216 N 6th St., Harris County,
Texas, has, for the reason of neglect or misuse, been allowed to deteriorate into a condition of
Ordinance No. 2006- ~ q I L Page 2
decay or partial ruin or has become a public nuisance or hazard, as defined in Section 82-473 of
the Code of Ordinances of the City of La Porte; and
WHEREAS, said Board has heretofore made and filed its written report, dated May 17,
2006 finding said building to be in fact a dangerous building;
WHEREAS, City Council received such report, and ordered notice to the record owner(s)
of said property, Callie Mae Wade Sims % Georgia Mae Hughes, whose address is 7314 Harlem.
McNair, TX 77251, that a hearing as provided in Section 82-477 of said Ordinance would be
held at 604 W. Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas,
at which time the Council would hear evidence for and against the conclusions of the Board;
WHEREAS, the City Secretary has heretofore served notice of said hearing upon said
owner(s), by registered mail, return receipt requested, which return receipt indicated that said
owner(s) received said notice on Post Office returned certified envelope as "undeliverable" on
06-23-06, a date more than ten (10) days before the date set for said hearing;
WHEREAS, at said date, time, and place, City Council met in regular session to conduct
such public hearing, at which time evidence was presented both for and against the conclusions
of the Board;
WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the
termination of the hearing, is required to make its decision in writing and enter its order; and
WHEREAS, City Council entered its order on July 10, 2006 a day which is within fifteen
(15) days after the termination of the hearing; NOW THEREFORE:
Ordinance No. 2006- ~ q I J ' Page 3
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law, and
orders of the City Council of the City of La Porte, based upon the evidence presented at said
hearing.
Section 2. Based on the evidence presented at said hearing, the City Council hereby
adopts the attached report of the Board, in full, and incorporates such by reference herein as fully
as though set out herein.
Section 3. The City Council hereby finds, determines and declares such building(s)
to be a nuisance, and orders such building( s) condemned.
Section 4. The City Council hereby finds, determines and declares that Callie Mae
Wade Sims % Georgia Mae Hughes, who resides at 7314 Harlem. McNair. TX 77251 and is the
record owner(s) of the property on which this building is situated, and that as such record
owner(s), the said Callie Mae Wade Sims % Georgia Mae Hughes has been duly and legally
notified of those proceedings.
Section 5. The City Council hereby orders the said Callie Mae Wade Sims %
Georgia Mae Hughes to entirely remove or tear down such building(s), and further orders the
said Callie Mae Wade Sims % Georgia Mae Hughes to commence such removal within ten (10)
days from the effective date of this Ordinance and to complete said removal or demolition within
thirty (30) days from the effective date ofthis ordinance.
Section 6. The City Council hereby orders the Board of the City of La Porte to cause
a notice of the dangerous, unsanitary condition of the building(s) to be affixed in one or more
conspicuous places on the exterior of the building( s), which notice or notices shall not be
removed or defaced by any person, under penalty oflaw.
Section 7. The City Council hereby orders the City Secretary to forward a certified
copy ofthis Ordinance, to the record owner(s) of said property, the said Callie Mae Wade Sims
% Georgia Mae Hughes, by registered mail, return receipt requested.
Section 8. Should the said Callie Mae Wade Sims % Georgia Mae Hughes, not
comply with the orders contained in this Ordinance relating to the removal or demolition of such
building(s) within thirty (30) days after hereof, then the Board of the City of La Porte shall enter
Ordinance No. 2006- ~CUL Page 4
upon the said premises with such assistance as it may deem necessary, and cause the said
building( s) to be removed or demolished without delay, and the expenses of such procedure shall
be charged against the said Callie Mae Wade Sims % Georgia Mae Hughes, record owner(s) of
said property, and shall thereupon become a valid and enforceable personal obligation of said
owner of such premises, and the said Board shall carefully compute the cost of such removal or
demolition, which cost shall be hereafter assessed against the land occupied by such building(s),
and made lien thereon.
Section 9. The City Council officially finds, determines, and 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 10. This Ordinance shall take effect and be in force from and after its passage
and approval.
PASSED AND APPROVED this the Lday of \J Ll,L~ ' 2006.
CITy\~APORT~ru _
By: ~/,.\~~
Mayor
ATTEST:
~tU.t1Ifk A~
City Secretary
APPROVED:
/'4~ r, ~~
City Attorney
ACTION OF CITY COUNCIL
On this, the JrJI- day of ~DDh , the City Secretary of the
City of La Porte, having received the bove and foregoing report from the Dangerous
Building Inspection Board of the City of La Porte, the City Secretary of the City of La
Porte is hereby ordered to notify the owner in writing in accordance with the provisions
of the City's Code of Ordinances Article VITI, Section 82-478.
CITY OF LA PORTE
By: ~[?~
ATTEST:
~tUdi~ J1.dlf,U
City Secretary
I
CITY SECRETARY'S CERTIFICATE
I hereby certify that on the J 1* day of ::J U III , 2()()fp, I mailed a
notice to the above named owner, in connection with the a1:/ove referenced property, said
notice being in accordance with City's Code of Ordinances Article VITI, Section 82-478.
A copy of said notice is attached hereto. Said notice included a copy of the Dangerous
Building Inspection Form attached hereto.
~ ()A:tiJA. 4.<<-tf
Martha Gillett, TRMC, CMC
City Secretary
S:\CPShare\Code Enforcement\Action by City Council Form.doc
April 2004. Rev.
City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE:
05-17-06
STREET ADDRESS: 216 N. 6TH ST.
HCAD OWNER: CAILIE MAE WADE SIMS - 216 N. 6TH ST. - LA PORTE 77571-3202
DEEDOWNER: GEORGIA MAE HUGHES -7314HARLEM-MCNAIR TX77251
LEGAL: BLOCK 66: LOTS 7.8: LA PORTE
OCCUPANCY TYPE: RESIDENCE
ZONING:
R-1
NON-CONFORMING ISSUES:
FACILITIES A V AlLABLE; WATER:
YES
SEWER:
GAS:
YES
ELECTRICAL:
YES
YES
NO.OF DWELLING UNITS:
(l)UNIT
VACANT:
YES
OCCUPIED:
AS REQUIRED IN TIlE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE vm, TIlE BOARD OF
INSPECTION MADE AN INSPECTION OF TIlE AFOREMENTIONED PROPERTY, AND DETERMINED TIlE
BUILDING LOCATED 'IHEREON, IN TIIEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR TIlE
FOLLOWING REASONS:
Sec. 82-473. Declaration of Public Nuisance and Hazard.
A. Dangerous or Substandard Buildings or Structures.
A building or structure shall be considered dangerous or substandard whenever it is
determined by the Board, that any or all of the foRowing is applicable:
L-l. A building that is vacant, and is not up to current building code standards. These vacant buildings
can be either open to trespass or boarded up;
_2., Whenever any portion thereof bas been damaged by fire, earthquake, wind, flood, or by any other
cause to such an extent that the structural strength or stability thereof is materially less than it was before such
catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure,
purpose or location;
3. Whenever any portion or member or appwtenance thereof is likely to fail, or to become detached
or dislodged, or to collapse and thereby injure persons or damage property;
4. Whenever the building or structure, or any portion thereot: because of (a) dilapidation,
deterioration, or decay; (b) fuulty construction; (c) the removal. movement or instability of any portion of the
ground necessazy for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its
fuundation, or (e) any other cause, is likely to partially or completely coDapse;
L-S. Whenever, for any reason, the building or structure, or any portion thereot: is manifestly unsafe for
the purpose of which it is being used;
Dangerous Buildings Inspection Form Bldg 1
Page 2
L- 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has
become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagmnts, or as to (c)
enable persons to resort thereto for the purpose of committing unlawful acts;
L-7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of
inadequate maintenance, dilapidation, decay, damage, faulty construction or arzangement, inadequate light, air, or
sanitation fucilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in
such a condition that is likely to cause sickness or disease;
8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration,
damage, inadequate exits, lack of sufficient fire-resistive construction, fiwlty electric wiring, gas connections, or
heating apparatus or other cause, is determined by the Board to be a fire hazard;
B. Dangerous or substandard electrical, plumbing, or mechanical installations.
A building or structure shall be considered dangerous or substandard whenever it is determined by
the Board, that any or all of the following is applicable:
1. Whenever any protective or safety device specified in The Electrical Code and of this title is not
provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally
intended;
L-2. Whenever any installation or any portion thereofbeca.use of (a) dilapidation, deterioration, or
decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use
constitutes a hazard to life, health, property or safety;
3. Whenever any installation or -any portion thereof which is damaged by fire, wind, earthquake,
flood or any other cause so as to constitute a potential hazard to life, health, property or safety;
L- 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained
in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or
safety.
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
OPTION #1:
(REPAIRABLE - RESIDENTIAL)
IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS AND THE 2003 INTERNATIONAL
RESIDENTIAL CODE. AS ADOPTED. AMENDED AND ENACI'ED BY CITY. ORDINANCE #04-2700 AND #96-2079-
B. USING THE REGULATIONS AND CODE AS ITS GUIDE. IT IS THE OPINION OF THE DANGEROUS BUILDING
INSPECTION BOARD TIIAT TInS BUILDING IS IN FACT DANGEROUS. BUT sm REPAIRABLE. ALL
REOUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF
LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WITH
WITHIN THE TIMETABLE SET OUT IN ARTICLE VIII. SECTION 82-478. IT IS THEN THE OPINION OF TInS
BOARD THAT TInS BUILDING BE DEMOLISHED.
x~. UJ~
BUILDING OFFlCIAL'S OFFlCE
t>6-1'~'
DATE
~~k
HAL'OFFlCE
x4U/J fj~
FIRE S OFFICE
6Aq~
1:>ATE./
s-!~3/tJ(P
DATE
Dangerous Building Inspection Fonn Bldg 1 Page 3
BUILDING EVALUATION CHECKLIST
A = Adequate D = Deficient NI A = Not Applicable
1. STRUCTURAL COMMENT /EXPLANATION
A. Foundation
1. Slab ~
2. Pier & Beam
a Footings UNK UNABLE TO INSPECT
b. Sills IL- ROT
c. Joists UNK UNABLE TO INSPECT
B. WaDs
1. Exterior L-
2. Interior UNK UNABLE TO INSPECT
Means of Egress
1. Doors
a Interior UNK UNABLE TO INSPECT
b. Exterior UNK BOARDED UP
2. Porches, Steps,
Stairs IL- BACK PORCH/STEPS ROTTED
3. Wmdows UNK BOARDED UP
D. Roof
1. Rafters IL- ROTIED RAFTERs & FACIA
2. Deck, Sbingles L-
E. Ceilings
1. Joists UNK BOARDED UP
2. Ceiling UNK BOARDED UP
F. Floors UNK UNABLE TO INSPECT
G. Other ~
II. MEHCANICAL SYSTEMS
A. Electrical
1. Service Entr.mce
& Panel IL-
Wiring UNK
3. Lights, Switches UNK
4. Outlets UNK
5. Other N/A
B. Plumbing
1. Fixtures
a Sink:
b. Lavatories
c. Water/Closets
d. Shower
e Water Heater
2. Water Piping
3. Drain, Waste
& Vent
4. Sewer/Septic tank
5. Gas System
C. Heating & AlC
1. Heating
2. Air Conditioning
III. PROPERTY CONDmONS
UNK
UNK
UNK
UNK
UNK
UNK
UNK
UNK
UNK
UNK
UNK
1. Accessory Structures N/A
2. Condition of Grounds IL-
3. Other
Comments:
COVER MISSING
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
WEEDS & DEBRIS
S:\CPShareIlNSPECTION DlVISION\ALL OTHER STUFF\Code EnfurcomeullDang BuildingsID B INSP FORM 216 N 6TH.doc07-2004 Rev.
ORDINANCE NO. 2006- ~ ell ~
AN ORDINANCE DECLARING THE BUlLDING(S) LOCATED ON Tr 277 A-2. La Porte
Outlots, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH
BUlLDING(S) CONDEMNED; FINDING THAT Carol A. Maedgen IS THE RECORD
OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY
REMOVE OR TEAR DOWN SUCH BUlLDING(S); ORDERING THE SAID OWNER(S) TO
COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE
EFFECTIVE DATE OF THIS ORDINANCE AND TO COMPLETE SAID REMOVAL OR
DEMOLITION WITHIN THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS
ORDINANCE; ORDERING THE DANGEROUS BUlLDING INSPECTION BOARD TO
PLACE A NOTICE ON SAID BUlLDING(S); ORDERING THE CITY SECRETARY TO
FORWARD A COpy OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE
REMOVAL OF SAID BUlLDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY
SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE
DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW.
WHEREAS, the City Council of the City of La Porte, passed and approved Section 82-
472 of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board) to
be composed of the Building Official or his duly authorized representative, the Fire Chief or his
duly authorized representative, the Fire Marshal or his duly authorized representative; and
WHEREAS, Section 82-474 (a) provides that:
Whenever it shall come to the attention of the Board or any member thereof, by reason of
the carrying out of the necessary duties of such member, or by reason of a complaint of any
citizen of the City or of the City Council, that a dangerous building exists, the Board shall make
a thorough inspection of such building(s); and
WHEREAS, Section 82-474 (e) provides that:
After the inspection provided for in this Section has been made, with or without the aid of
experts, the Board shall report its conclusion in writing to each of the members of the City
Council and to the City Attorney. Such report shall state the circumstances and the condition of
the building(s) upon which such conclusion was based. The report shall be filed in all cases no
matter what conclusion is stated by the Board; and
WHEREAS, it has heretofore come to the attention of the Board that the building( s)
located on Tr 277 A-2. La Porte Outlots which is further described as 11624 North L S1., Harris
County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate into a
Ordinance No. 2006- J Pi Ij.., Page 2
condition of decay or partial ruin or has become a public nuisance or hazard, as defined in
Section 82-473 of the Code of Ordinances of the City of La Porte; and
WHEREAS, said Board has heretofore made and filed its written report, dated May 17.
2006 finding said building to be in fact a dangerous building;
WHEREAS, City Council received such report, and ordered notice to the record owner(s)
of said property, Carol A. Maedgen, whose address is 1988 FM 2827 Rd.. Warren. TX 77664,
that a hearing as provided in Section 82-477 of said Ordinance would be held at 604 W.
Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time
the Council would hear evidence for and against the conclusions of the Board;
WHEREAS, the City Secretary has heretofore served notice of said hearing upon said
owner(s), by registered mail, return receipt requested, which return receipt indicated that said
owner(s) received said notice on June 19.2006. a date more than ten (10) days before the date set
for said hearing;
WHEREAS, at said date, time, and place, City Council met in regular session to conduct
such public hearing, at which time evidence was presented both for and against the conclusions
of the Board;
WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the
termination of the hearing, is required to make its decision in writing and enter its order; and
WHEREAS, City Council entered its order on July 10. 2006 a day which is within fifteen
(15) days after the termination of the hearing; NOW THEREFORE:
Ordinance No. 2006- ~ a 1(--..., Page 3
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
--
Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law, and
orders ofthe City Council ofthe City of La Porte, based upon the evidence presented at said
hearing.
Section 2. Based on the evidence presented at said hearing, the City Council hereby
adopts the attached report of the Board, in full, and incorporates such by reference herein as fully
as though set out herein.
Section 3. The City Council hereby finds, determines and declares such building( s)
to be a nuisance, and orders such building(s) condemned.
Section 4. The City Council hereby finds, determines and declares that Carol A.
Maedgen, who resides at 1988 FM 2827 Rd.. Warren. TX 77664 and is the record owner(s) of
the property on which this building is situated, and that as such record owner(s), the said Carol
A. Maedgen has been duly and legally notified of those proceedings.
Section 5. The City Council hereby orders the said Carol A. Maedgen to entirely
remove or tear down such building(s), and further orders the said Carol A. Maedgen to
commence such removal within ten (10) days from the effective date of this Ordinance and to
complete said removal or demolition within thirty (30) days from the effective date of this
ordinance.
Section 6. The City Council hereby orders the Board of the City of La Porte to cause
a notice of the dangerous, unsanitary condition of the building( s) to be affixed in one or more
conspicuous places on the exterior of the building(s), which notice or notices shall not be
removed or defaced by any person, under penalty oflaw.
Section 7. The City Council hereby orders the City Secretary to forward a certified
copy of this Ordinance, to the record owner( s) of said property, the said Carol A. Maedgen by
registered mail, return receipt requested.
Section 8. Should the said Carol A. Maedgen, not comply with the orders contained
in this Ordinance relating to the removal or demolition of such building(s) within thirty (30) days
after hereof, then the Board of the City of La Porte shall enter
Ordinance No. 2006- A '112-, Page 4
upon the said premises with such assistance as it may deem necessary, and cause the said
building(s) to be removed or demolished without delay, and the expenses of such procedure shall
be charged against the said Carol A Maedgen, record owner(s) of said property, and shall
thereupon become a valid and enforceable personal obligation of said owner of such premises,
and the said Board shall carefully compute the cost of such removal or demolition, which cost
shall be hereafter assessed against the land occupied by such building(s), and made lien thereon.
Section 9. The City Council officially finds, determines, and 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 10. This Ordinance shall take effect and be in force from and after its passage
and approval.
PASSED AND APPROVED this the IfI/-. day of 1 fA. ty ,2006.
CIT~ LAPORTE. ~
"-~ \\' y/ .~..
By:' '--/ ~
Mayor
ATTEST:
':1IJ ()Aj;/)~ td/1 ~.4
Clty Secretary
AP~ ~~
City Attorney
ACTION OF CITY COUNCIL
On this, the J 011- day of J LA L a 00 ~ , the City Secretary of the
City of La Porte, having received the a ove and foregoing report from the Dangerous
Building Inspection Board of the City of La Porte, the City Secretary of the City of La
Porte is hereby ordered to notify the owner in writing in accordance with the provisions
of the City's Code of Ordinances Article VITI, Section 82-478.
CITY OF LA PORTE
By ~&~
ATTEST:
~~L ;d~
City Secretary
CITY SECRETARY'S CERTIFICATE
I hereby certify that on the II /4.- day of J u. ~ ..200(" . I mailed a
notice to the above named owner, in connection with the ab e referenced propertyj said
notice being in accordance with City's Code of Ordinances Article VITI, Section 82-478.
A copy of said notice is attached hereto. Said notice included a copy of the Dangerous
Building Inspection Form attached hereto.
'-111 tUt:/11L ?!AAU
Martha Gillett, TRMC, CMC
City Secretary
S:\CPShare\Code Enforcement\Action by City Council Form.doc
April 2004. Rev.
City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE:
05-17-06
STREET ADDRESS: 11624 N. L ST
HCAD OWNER: CAROL A MAEDGEN - 11624 N. AVENUE L - LA PORTE. TX 77571-9330
DEED OWNER: CAROL A. MAEDGEN - 11624 N. L ST. - LA PORTE. TX 77571
OTHER: CAROL A. MAEDGEN - 1988 FM 2827 RD. - WARREN. TEXAS 77664
LEGAL: TR. 277 A-2: LA PORTE OUTLOTS
OCCUPANCY TYPE:RESIDENCE (CERT. MODULAR HOME #002968) ZONING:
NON-CONFORMiNG ISSUES:
LARGE LOT
FACILITIES AVAILABLE: WATER:
ELECTRICAL:
YES
SEWER:
YES
YES
GAS:
YES
NO.OF DWELLING UNITS:
(1) UNIT
VACANT:
YES
OCCUPIED:
AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF
INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DE1ERMINED THE
BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE
FOLLOWING REASONS:
Sec. 82-473. Declaration of Public Nuisance and Hazard.
A. Dangerous or Substandard Buildings or Structures.
A building or structure shall be considered dangerous or substandard whenever it is
determined by the Board, that any or all of the fonowing is applicable:
~l. A building that is vacant, and is not up to current building code standards. These vacant buildings
can be either open to trespass or boarded up;
2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other
cause to such an extent that the structural strength or stability thereof is materially less than it was before such
catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure,
pwpose or location;
_3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached
or dislodged, or to collapse and thereby injure persons or damage property;
_4. Whenever the building or structure, or any portion thereot: because of (a) dilapidation,
deterioration, or decay; (b) faulty construction; ( c) the removal, movement or instability of any portion of the
ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its
foundation, or (e) any other cause, is likely to partially or completely collapse;
~5. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for
the pwpose of which it is being used;
Dangerous Buildings Inspection Form Bldg 1
Page 2
L--6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has
become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c)
enable persons to resort thereto for the purpose of committing unlawful acts;
L--7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of
inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air,.or
sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in
such a condition that is likely to cause sickness or disease;
_8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration,
damage, inadequate exits, lack of sufficient fire-resistive construction, fiwlty electric wiring, gas connections, or
heating apparatus or other cause, is determined by the Board to be a fire hazard;
B. Dangerous or substandard electrical, plumbing, or mechanical installations.
A building or structure shall be considered dangerous or substandard whenever it is determined by
the Board, that any or all of the following is applicable:
~l. Whenever any protective or safety device specified in The Electrical Code and of this title is not
provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally
intended;
L--Z. Whenever any instal1a:tion or any pOrtion thereof because of (a) dilapidation, deterioration, or
decay; (b) fuu1ty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use
constitutes a hazard to life, health, property or safety;
_3. Whenever any instal1a:tion or any portion thereof which is damaged by fire, wind, earthquake,
flood or any other cause so as to constitute a potential hazard to life, health, property or safety;
~ 4. Whenever any instal1a:tion or any portion thereof was constructed, installed, altered or maintained
in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or
safety.
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
OPTION #1:
(REPAIRABLE - RESIDENTIAL)
IN ACCORDANCE wrrn THE CITY'S DANGEROUS BUllDING REGULATIONS AND TIIE 2003 INTERNATIONAL
RESIDENTIAL CODE. AS ADOPTED. AMENDED AND ENAClED BY CITY. ORDINANCE #04-2700 AND #96-2079-
B. USING THE REGULATIONS AND CODE AS ITS GUIDE. IT IS THE OPINION OF THE DANGEROUS BUll.DING
INSPECTION BOARD THAT THIS BUll.DING IS IN FACT DANGEROUS. BUT STILL REPAIRABLE. All.
REOUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH All. APPLICABLE CITY OF
LA PORTE CODES AND ORDINANCES. IF TIm REPAIR OR ALTERATION ORDER IS NOT COMPLIED wrrn
WTIHIN THE TIMETABLE SET our IN ARTICLE vm. SECTION 82-478. IT IS THEN THE OPINION OF TIllS
BOARD THAT TIllS BUllDING BE DEMOLISHED.
x)J,~
BUllDING OFFICIAL'S OFFICE
ao-I'-tJ6
DATE
~~J~
MARSHAL'S OFFICE
~/; j;: 1)
$~~b,
DATE
~~
Dangerous Building Inspection Form Bldg 1
BUlLDING EVALUATION CHECKLIST
A == Adequate D == Deficient N/ A == Not Applicable
I. STRUCTURAL COMMENT /EXPLANATION
A. Foundation
1. Slab ~
2. Pier & Beam
a Footings UNK UNABLE TO INSPECT
b. Sills UNK UNABLE TO INSPECT
c. Joists IL- SPRINGY FLOORS
B. Walls
1. Exterior IL- ROT
2. Interior A...-
C. Meaus of Egress
1. Doors
a Io1erior A...-
b. Exterior A...-
2. Porches, Steps,
Stairs !:L- REAR STEPS ROTI'ED
3. Wmdows A...-
D. Roof
1. Rafters !:L- ROT
2. Deck, Shingles !:L- HOLES: SOFFlTIFACIAROT
E. Ceilings
1. Joists UNK UNABLE TO INSPECT
2. Ceiling !:L- WATER DAMAGE: SHEBTROCKFAILEN
F. Floors IL-- INADEOUATE SUPPORT. SRPINGY: HOLES
G. Other WA-
n. MEHCANICAL SYSTEMS
A. Electrical
1. Service Entrance
& Panel
Wuing
3. Lights, Switches
4. Outlets
5. Other
B. Plumbing
1. Fixtures
a Sink
b. Lavatories
c. Water/Closets
d. Shower
e Water Heater
2. Water Piping
3. Drain, Waste
&Veut
4. Sewer/Septic tank
5. Gas System
C. Beating & AlC
1. Heating
2. Air Conditioning
m. PROPERTY CONDmONS
UNK
~
A...-
A--
N/A
A--
A--
A--
A--
A--
UNK
UNK
UNK
UNK
UNK
UNK
1. Accessory Structures A--
2. Condition of Grounds !:L-
3. Other
Comments;
Page 3
UNABLE TO INSPECT INTERIOR HOUSE PANEL
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
STORAGE BLDG (1): FULL OF DEBRIS
WEEDS &DEBRIS
REAR DOOR UNSECURED: HOUSE FILLED WITH DEBRIS.
S:\cPSbareIINSPECTION DIVISION\ALL OTHER STUFFlCode EnforcementIDang BuildingslD B INSP FORM 1I624 N L.doc07-2004 Rev.
ORDINANCE NO. 2006- ~,q }3
AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON PT. TRS. 284C & 285B.
La Porte Outlots, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING
SUCH BUILDING(S) CONDEMNED; FINDING THAT Charles C. Hinds IS THE RECORD
OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY
REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO
COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE
EFFECTIVE DATE OF THIS ORDINANCE AND TO COMPLETE SAID REMOVAL OR
DEMOLITION WITHIN THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS
ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO
PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO
FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE
REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY
SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE
DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW.
WHEREAS, the City Council of the City of La Porte, passed and approved Section 82-
472 of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board) to
be composed of the Building Official or his duly authorized representative, the Fire Chief or his
duly authorized representative, the Fire Marshal or his duly authorized representative; and
WHEREAS, Section 82-474 (a) provides that:
Whenever it shall come to the attention of the Board or any member thereof, by reason of
the carrying out of the necessary duties of such member, or by reason of a complaint of any
citizen of the City or ofthe City Council, that a dangerous building exists, the Board shall make
a thorough inspection of such building( s); and
WHEREAS, Section 82-474 (e) provides that:
After the inspection provided for in this Section has been made, with or without the aid of
experts, the Board shall report its conclusion in writing to each of the members of the City
Council and to the City Attorney. Such report shall state the circumstances and the condition of
the building(s) upon which such conclusion was based. The report shall be filed in all cases no
matter what conclusion is stated by the Board; and
WHEREAS, it has heretofore come to the attention of the Board that the building(s)
located on PI. Trs. 284C & 285B. La Porte Outlots which is further described as 11627 North L
St., Harris County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate
Ordinance No. 2006- a... C{ l3 , Page 2
/
into a condition of decay or partial ruin or has become a public nuisance or hazard, as defined in
Section 82-473 of the Code of Ordinances of the City of La Porte; and
WHEREAS, said Board has heretofore made and filed its written report, dated May 17.
2006 finding said building to be in fact a dangerous building;
WHEREAS, City Council received such report, and ordered notice to the record owner(s)
of said property, Charles C. Hinds, whose address is 4421 Red Bluff Rd.. Pasadena TX 77503-
4333, that a hearing as provided in Section 82-477 of said Ordinance would be held at 604 W.
Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time
the Council would hear evidence for and against the conclusions of the Board;
WHEREAS, the City Secretary has heretofore served notice of said hearing upon said
owner(s), by registered mail, return receipt requested, which return receipt indicated that said
owner(s) received said notice on June 14,2006. a date more than ten (10) days before the date set
for said hearing;
WHEREAS, at said date, time, and place, City Council met in regular session to conduct
such public hearing, at which time evidence was presented both for and against the conclusions
of the Board;
WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the
termination of the hearing, is required to make its decision in writing and enter its order; and
WHEREAS, City Council entered its order on July 10. 2006 a day which is within fifteen
(15) days after the termination of the hearing; NOW THEREFORE:
Ordinance No. 2006-). q/} , Page 3
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law, and
orders of the City Council of the City of La Porte, based upon the evidence presented at said
hearing.
Section 2. Based on the evidence presented at said hearing, the City Council hereby
adopts the attached report of the Board, in full, and incorporates such by reference herein as fully
as though set out herein.
Section 3. The City Council hereby finds, determines and declares such building( s)
to be a nuisance, and orders such building(s) condemned.
Section 4. The City Council hereby finds, determines and declares that Charles C.
Hinds, who resides at 4421 Red Bluff Rd.. Pasadena. TX 77503-4333 and is the record owner(s)
of the property on which this building is situated, and that as such record owner(s), the said
Charles C. Hinds has been duly and legally notified of those proceedings.
Section 5. The City Council hereby orders the said Charles C. Hinds to entirely
remove or tear down such building(s), and further orders the said Charles C. Hinds to commence
such removal within ten (10) days from the effective date of this Ordinance and to complete said
removal or demolition within thirty (30) days from the effective date of this ordinance.
Section 6. The City Council hereby orders the Board of the City of La Porte to cause
a notice of the dangerous, unsanitary condition of the building(s) to be affixed in one or more
conspicuous places on the exterior of the building(s), which notice or notices shall not be
removed or defaced by any person, under penalty of law.
Section 7. The City Council hereby orders the City Secretary to forward a certified
copy of this Ordinance, to the record owner(s) of said property, the said Charles C. Hinds, by
registered mail, return receipt requested.
Section 8. Should the said Charles C. Hinds, not comply with the orders contained in
this Ordinance relating to the removal or demolition of such building(s) within thirty (30) days
after hereof, then the Board of the City of La Porte shall enter
Ordinance No. 2006-Jt1J '3 , Page 4
upon the said premises with such assistance as it may deem necessary, and cause the said
building(s) to be removed or demolished without delay, and the expenses of such procedure shall
be charged against the said Charles C. Hinds, record owner(s) of said property, and shall
thereupon become a valid and enforceable personal obligation of said owner of such premises,
and the said Board shall carefully compute the cost of such removal or demolition, which cost
shall be hereafter assessed against the land occupied by such building(s), and made lien thereon.
Section 9. The City Council officially finds, determines, and recites and declares that
a sufficient written notice of the date, hour, place and subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall ofthe City for the time required by
law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas
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 10. This Ordinance shall take effect and be in force from and after its passage
and approval.
PASSED AND APPROVED this the lOW- day of1/.4vLy , 2006.
CITr:zF~APOR~
BY:~~\ ~
Mayor
ATTEST:
~ ad/14. Ii!LtIJ
CIty Secretary
APPROVW . ..
~ iU~A~
City AttOrAey
ACTION OF CITY COUNCIL
On this, the J oJL day of M ~ ' a~ 0 ~ , the City Secretary of the
City of La Porte, having received the above and foregoing report from the Dangerous
Building Inspection Board of the City of La Porte, the City Secretary of the City of La
Porte is hereby ordered to notify the owner in writing in accordance with the provisions
of the City's Code of Ordinances Article VITI, Section 82-478.
CITY 9F LA PORTE f'\
By ~L,\~
ATTEST:
1If~~ A aUI
CIty Secretary
CITY SECRETARY'S CERTIFICATE
I hereby certify that on the 11.1/- day of J u..l ~ ' l,Do (., , I mailed a
notice to the above named owner, in connection with the ab ve referenced property, said
notice being in accordance with City's Code of Ordinances Article VITI, Section 82-478.
A copy of said notice is attached hereto. Said notice included a copy of the Dangerous
Building Inspection Form attached hereto.
~ rl{J/lCL ,;1~
Martha Gillett, TRMC, CMC
City Secretary
S:\CPShare\Code Enforcement\Action by City Council Form.doc
April 2004. Rev.
City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE: 05-17-06
STREET ADDRESS: 11627 N. L ST.
HCAD OWNER: CHARLES HINDS - 4421 RED BLUFF RD. -PASADENA TX 77503-4333
DEED OWNER: CHARLES C. HINDS - 4421 RED BLUFF - PASADENA. TX 77503
LEGAL:
PT. TRS. 284C & 285B: LA PORTE OU'I1.OTS lHOMESIlE)
OCCUPANCY TYPE: RESIDENCE
ZONING:
LARGE LOT
NON-CONFORMING ISSUES:
FACILITIES AVAILABLE: WATER:
YES
SEWER:
GAS:
YES
YES
ELECTRICAL:
YES
NO.OF DWELLING UNITS:
(1) UNIT
VACANT:
YES
OCCUPIED:
AS REQUIRED IN THE ClTY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF
INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED
THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR
THE FOLLOWING REASONS:
Sec. 82-473. Declaration of Public Nuisance and Hazard
A. Dangerous or Substandard Buildings or Structures.
A building or structure shaD be considered dangerous or substandard whenever it is
determined by the Board, that any or aD of the foDowing is applicable:
L-l. A building that is vacant, and is not up to cmrent building code standards. These vacant buildings
can be either open to trespass or boarded up;
_2. Whenever any portion thereofhas been damaged by fire, earthquake, wind, flood, or by any other
cause to such an extent that the structma1 strength or stability thereof is materially less than it was before such
catastrophe and is less than the minimtJfU requirements of the building code for new buildings of similar structure,
pw:pose or location;
3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached
or dislodged, or to collapse and thereby injure persons or damage property;
_4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation,
deteriomtion, or decay; (b) fimlty consttuction; (c) the removal, movement or instability of any portion of the ground
necessary for the purpose of supporting the building; (d) the deteriOIation, decay, or inadequacy of its foundation, or
(e) any other cause, is likely to partially or completely collapse;
L-5. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe
for the pmpose of which it is being used;
Dangerous Buildings Inspection Form Bldg I
Page 2
~6. Whenever the building or structure bas been so damaged by fire, wind, earthquake, or flood, or bas
become so dilapidated or deteriornted as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c)
enable persons to resort thereto for the pm:pose of colIlmitting unlawful acts;
~ 7. Whenever a building or structure, used or intended to be used for dwelling pm:poses, because of
inadequate mamrenance, dilapidation, decay, damage, faulty construction or arrangement., inadequate light., air, or
sanitation :facilities, or otherwise, is determined by the Board to be unsanitary, unfit for hmnan habitation or in such
a condition that is likely to cause sickness or disease;
_8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration,
damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or
hea1ing apparatus or other cause, is determined by the Board to be a fire hazard;
B. Dangerous or substandard dectrical, plumbing, or mechanical installations.
A building or structure shall be coDSidered dangerous or substandard whenever it is determined by
the Board, that any or all of the following is applic:able:
_1. Whenever any protective or safety device specified in The Electrical Code and of this title is not
provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fiIil or function as originally
intended;
~2. Whenever any installation or any portion thereafbecause of (a) dilapidation, deterioration, or
decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, wbich in relation to existing use
constitutes a hazard to life, health. property or safety,
3. Whenever any installation or any portion thereof wbich is damaged by fire, wind, earthquake,
flood or any other cause so as to constitute a potential hazard to life, health. property or safety;
L- 4. Whenever any installation or any portion thereof was constrocted, iDstalled, altered or maintained
in violation of the building code and/or fire code so as to constitute a potential hazard to life, health. property or
safety.
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
OPTION #1:
(REI> AIRABLE - RESIDENTIAL)
IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS AND THE 2003
INTERNATIONAL RESIDENTIAL CODE. AS ADOPTED. AMENDED AND ENACIED BY CITY.
ORDINANCE #04-2700 AND #96-2079-B. USING THE REGULATIONS AND CODE AS ITS GUIDE. IT IS
THE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD THAT TIllS BUIlDING IS IN
FACT DANGEROUS. BUT STILL REPAIRABLE. ALL REQUIRED REPAIRS OR ALTERATIONS SHALL
BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES.
IF THE REPAlR OR ALTERATION ORDER IS NOT CO:MPLIED WITH Wl1HlN THE TIMETABLE SET OUT
IN ARTICLE vm. SECTION 82-478. IT IS THEN THE OPINION OF TIllS BOARD THAT TIllS BUILDING
BE DEMOLISHED.
x~a W~ 05-/9-//b
BUILDING OFFICIAL'S OffiCE DATE
x r! 4~i~~
FIRE MARSHAL'S OFFICE
~)jqk.,
tJATE
x~~
FIRE S roCE
si:ZJ~"
DATE
Dangerous Building Inspection Form Bldg I Page 3
Bun.DING EVALUATION CHECKLIST
A = Adequate D = Deficient N/ A = Not Applicable
1 STRUCTURAL COMMENT /EXPLANATION
A. Foundation
LSlab ~
2. Pier & Beam
a. Footings L-
b.Sills UNK UNABLE TO INSPECT
c. Ioists UNK UNABLE TO INSPECT
B. Walls
1. Exterior IL- ROT
2. JDterior IL- HOLES
C. Means of Egress
L Doors
a. Interior IL- MISSING
b. Exterior L-
2. Porches, Steps,
Stairs IL- ROT. HOLES IN PORCH; UNEVEN STEPS
3. Windows IL- BROKEN: OPEN: ROT
D. Roof
L Rafters IL- ROT
2. Deck, Shingles IL- DAMAGE FROM FALLEN TREE: HOLE:
F AClAISOFFIT ROT
E. CeiJiDgs
L Ioists IL- ROT
2. Ceiling IL- W ATERDAMAGE' HOLES
F. Floors IL..- SPRINGY IN BATH AREA
G. Other ~
II MEHCANICAL SYSTEMS
A. Electrical
L Service Entrance
& Panel L- INSUFFICIENT SERVICE SIZE
Wiring UNK UNABLE TO INSPECT
3. Lights, Switches IL- PLATES MISSING
4. Outlets L- INADEOUATE SPACING
5. Other N/A
B. Plumbing
L Fixtures
a. Sink A--
b. Lavatories A--
c. Water/Closets A--
d Shower L-
e Water Heater IL- FALLING IN: NO T & P LINE' NO VENT
2. Water Piping UNK UNABLE TO INSPECT
3. Drain, Waste
& Vent UNK UNABLE TO INSPECT
4. SewerlSeptic 1ank UNK UNABLE TO INSPECT
5. Gas System UNK UNABLE TO INSPECT
C. Heating & AlC
L Heating UNK UNABLE TO INSPECT
2. Air Conditioning UNK UNABLE TO INSPECT
ill. PROPERTY CONDmONS
1. Accessol)' Stroctures N/A
2. Condition of Grounds IL- WEEDS & DEBRIS
3. Other
Comments:
UNSECURED. GRAFFITI
S:\CPShareIINSPECTION DIVISIONIAIL OTHER STUFF\Code EnfurcemedtIDang BuiIdingsID B INSP FORM 11627 N L.doc07-2004 Rtv.
,,,.,.........
.-
ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
702 W, FAIRMONT PARKWAY
P,O, BOX 121B
LA PORTE, TEXAS 77572-1218
CLARK T, ASKINS
TELEPHONE 281.471.1886
TELECOPIER 281.471.2047
KA SKINS@HOUSTON,RR,COIol
JOHN-A@SWBELL,NET
eTA SKINS@SWBELL,NET
KNOX W, ASKINS
JOHN 0, ARMSTRONG
June 19, 2006
JUN 1 9 2006
Ms. Martha A. Gillett
City Secretary
City of La Porte
City Hall
La Porte, Texas
'\..)
Re: Agenda Request for Centerpoint Energy, Inc. Matters
-- June 26, 2006.
Dear Martha:
Please place the ordinance approving and authorizing an agreement
between the City of La Porte and Centerpoint Energy Houston
Electric, in connection with the rate case, on the city Council
agenda of June 26, 2006, as an action item.
Mr. Richard arum, Service Area Supervisor for Centerpoint Energy,
Inc. has advised me that all of the coalition cities, together with
some additional cities within the company's system, have approved
the "Term Sheet for Settlement of Centerpoint Energy Houston
Electric (CEHE) Rate Case". It is my understanding that the
approval by the cities is not binding upon the Public Utility
Commission. Upon passage of the requested ordinance, the City of
La Porte would join the other cities in their petition to the PUC
to approve the agreement.
Please place on the June 26, 2006, agenda, the enclosed ordinance
granting Centerpoint Energy Houston Electric, LLC, a 30 year
franchise, as a workshop item.
The City's Home Rule Charter requires two (2) readings on an
ordinance granting a franchise, which readings must be more than
thirty (30) days apart. I am requesting that~e
ordin City Council agenda of ~
and placed on the City Council agenda
August 14, 2006, for its second reading. Following
passage on second reading, the caption of the ordinance noting the
place where the full text may be examined by the public, shall be
published once each week for four (4) consecutive weeks in the
Bayshore Sun, the official newspaper of the City. The ordinance
takes effect sixty (60) days after its final passage, which will be
on October 15, 2006.
ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
Martha A. Gillett
June 19, 2006
page 2
Mr. Richard Orum of CenterPoint Energy will be present for the
meeting of June 26, 2006, to answer any questions which City
Council may have concerning either of these items.
y~~trUIY'
Knox W. Askins
City Attorney
City of La Porte
KWA: sw
Enclosures
COpy
h rs-t ~ad)11j
CITY OF LAPORTE, TEXAS, ORDINANCE NO. 2006- ~ q If
AN ORDINANCE GRANTING TO CENTERPOINT ENERGY HOUSTON ELECTRIC,
LLC THE RIGHT, PRIVILEGE AND FRANCHISE TO USE THE PUBLIC RIGHTS-OF-
WAY AND TO USE, LICENSE, OR EXPLOIT THE COMPANY'S FACILITIES WITHIN
THE PUBLIC RIGHTS-OF-WAY TO CONDUCT AN ELECTRIC DELIVERY
BUSINESS IN THE CITY AND FOR SUCH OTHER BUSINESS PURPOSES AS THE
COMPANY MAY DESIRE FROM TIME TO TIME, SPECIFICALLY INCLUDING, BUT
NOT LIMITED TO, THE GRANTING OF ACCESS TO THOSE FACILITIES FOR THE
DELIVERY OF BROADBAND OVER POWER LINES OR SIMILAR SERVICE WITHIN
THE CITY OF LAPORTE, TEXAS.
** * ***
WHEREAS, City of LaPorte, Texas Ordinance No. 532 (the "Prior Franchise")
granted an electrical lighting and power franchise to Houston Lighting & Power
Company, for a term expiring July 1, 2008; and
WHEREAS, Company is the successor to Reliant Energy, Incorporated ("REI"),
which was the successor to Houston Lighting & Power Company, by virtue of a
corporate restructuring of REI that occurred in August 2002, in which REI was merged
with and into an indirect wholly owned subsidiary of CenterPoint Energy, Inc., which
was converted into a limited liability company and was renamed CenterPoint Energy
Houston Electric, LLC; and
WHEREAS, Company owns and operates an electric delivery business within the
corporate limits of the City and Company is willing to continue to provide electric
delivery services within the corporate limits of the City; and
WHEREAS, Company and the City have reached agreement on the terms and
conditions by which they will amend the Prior Franchise and extend the term of the Prior
Franchise for an additional thirty (30) years; and
WHEREAS, it is hereby found and determined by the City Council of the City of
La Porte that it is in the best interests of the City that the Prior Franchise granting to the
Company the right to use the public rights-of-way to conduct an electric delivery
business in the city and for such other business purposes as the company may desire
from time to time be amended and extended for an additional thirty (30) year term,
subject to the terms and conditions described in this ordinance; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1. That the facts contained in the preamble to the Ordinance are
determined to be true and correct and are hereby adopted.
Final Draft: June 26, 2006
HOU03:I055752.7
Section 2. Definitions.
Annual Adjustment Factor has the meaning set forth in Section 11 below.
Annual Franchise Fee has the meaning set forth in Section 11 below.
Broadband over Power Lines (BPL) or "Access BPL" has the same meaning as
that used by the Federal Communications Commission in Section 15.3 of its Rules as
reprinted below:
Access Broadband over Power Line (Access BPL). A carrier
current system installed and operated on an electric utility
service as an unintentional radiator that sends radio
frequency energy on frequencies between 1.705 MHz and
80 MHz over medium voltage lines or over low voltage lines
to provide broadband communications and is located on the
supply side of the utility service's points of interconnection
with customer premises. Access BPL does not include
power line carrier systems as defined in Section 15.3(t) of
this part or In-House BPL as defined in Section 15.3(gg) of
this part.
City means the City of La Porte, Texas, a municipal corporation of the State of
Texas.
City Council means the governing body of the City, or its designee.
Company means CenterPoint Energy Houston Electric, LLC, a Texas limited
liability company.
Effective Date means October 13, 2006.
First Rate Case has the meaning set forth in Section 14 below.
Force Majeure means forces or conditions not reasonably within the control of a
party, including a strike; war or act of war (whether an actual declaration of war is made
or not); insurrection; riot; act of public enemy; accident; fire; flood or other act of God;
sabotage; shortages in materials, supplies and equipment; governmental regulations,
limitations and restrictions as to the use and availability of materials, supplies and
equipment and as to the use of services; unforeseen and unusual demands for service;
or other events, where the affected party has exercised all due care in the prevention
thereof and such causes or other events are without the fault or negligence of the
affected party.
Franchise means this Ordinance and the rights and privileges granted by this
Ordinance.
Franchise Year has the meaning set forth in Section 11, below.
HOU03:1055752.7
Franchise Area means the area within the boundaries of the City as of the
Effective Date and as same may change from time to time during the term of the
Franchise.
Initial Franchise Period shall have the meaning set forth in Section 11, below.
Other Services means any service, exclusive of the transmission and distribution
of electricity, provided or allowed to be provided through the use or license of the
System for a fee, including but not limited to BPL.
Person means any individual, firm, partnership, association, corporation,
company or organization of any kind.
Prior Franchise has the meaning set forth in the first Whereas clause, above.
Public Rights-of-Way means the areas in, under, upon, over, across, and along
any and all of the present and future Streets or streams now or hereafter owned or
controlled by City.
Public Works Improvement Projects has the meaning set forth in Section 5,
below.
PUC means the Public Utility Commission of Texas or its successor agency with
equivalent jurisdiction.
Retail Customer means any Person taking delivery of electricity from Company,
at a point of delivery within the Franchise Area.
Street means the surface and the space above and below any public street, road,
highway, alley, bridge, sidewalk, or other public place or way.
System means the Company's facilities erected, constructed, maintained,
operated, used, extended, removed, replaced, and repaired, as necessary, by Company
pursuant to this Franchise, including without limitation, all poles, pole lines, towers,
transmission lines, wires, guys, conduits, cables, and other desirable instrumentalities
and appurtenances (including telegraph and telephone poles and wires for use of
Company), necessary and proper for the purpose of transmitting and distributing
electricity to the City and the inhabitants of said City or other Persons, for any purpose
for which electricity may be used.
Section 3. Subject to the terms, conditions and provisions of this Franchise, City
hereby grants to Company the right, privilege and franchise to use City's Public Rights-
of-Way to construct, maintain, operate and use Company's System to conduct within
the City an electric delivery business and the right to use, license, or exploit the System
within the Public Rights-of-Way for Other Services. This Franchise does not restrict
City's right to impose reasonable fees upon third parties for the use of the Public Rights-
of-Way to provide Other Services, including the right to impose fees upon providers of
BPL service, so long as such fees are assessed on a non-discriminatory basis with
those charged to other companies providing services competitive with the Other
Services.
HOU03:1055752.7
Section 4. Upon the filing with City by Company of the acceptance required
hereunder, the Prior Franchise shall be amended by replacing the language thereof, in
its entirety, with the language of this Franchise; and the term thereof shall be extended,
and it shall remain in full force and effect for an additional term and period of thirty (30)
years from and after July 1, 2008.
Section 5. All poles erected by Company pursuant to the authority herein
granted shall be of sound material and reasonably straight, and shall be so set that they
shall not interfere with the flow of water in any gutter or drain, and so that the same shall
interfere as little as practicable with the ordinary travel, on the Streets or other Public
Rights-of-Way. Within the Streets or other Public Rights-of-Way of City, the location
and route of all poles, stubs, guys, anchors, lines, conduits and cables placed and
constructed and to be placed and constructed by Company in the construction and
maintenance of Company's System in the City, shall be subject to the reasonable and
proper regulation, control and direction of City, or of any City official to whom such
duties have or may be duly delegated, which regulation and control shall include, but
not by way of limitation, the right to require in writing, to the extent provided in Section
10, the relocation of Company's System at Company's cost within the Streets or other
Public Rights-of-Way whenever such shall be reasonably necessary to accommodate
improvement projects within such Streets or Public Rights-of-Way by the city
department with primary responsibility for public works projects ("Public Works
Improvement Projects").
Section 6. In consideration for the compensation set forth in Sections 11 and
15, City agrees that if City sells, conveys, or surrenders possession of any portion of the
Public Right-of-Way that is being used by Company pursuant to this Franchise, City, to
the maximum extent of its right to do so, shall first grant Company an easement for such
use; and the sale, conveyance, or surrender of possession of the Public Right-of-Way
shall be subject to the right and continued use of Company.
Section 7. Following completion of work in Public Rights-of-Way, Company shall
repair the affected Public Rights-of-Way as soon as possible, but in all cases shall
comply with all valid City ordinances governing time periods and standards relating to
excavating in the Public Rights-of-Way. No Street or other Public Right-of-Way shall be
encumbered by construction, maintenance or removal work by Company for a longer
period than shall be necessary to execute such work.
Section 8. The service furnished hereunder to City and its inhabitants shall be
first-class in all respects, considering all circumstances, and Company shall furnish the
grade of service to Retail Customers as provided by its rate schedules and shall
maintain its System in reasonable operating condition during the continuance of this
Franchise. Company's tariffs shall govern the rates, access to service, terms and
quality of electric delivery services provided by Company. An exception to this
requirement is automatically in effect when due to Force Majeure. In any Force Majeure
event, Company shall do all things reasonably within its power to restore normal
service.
Section 9. Company, on the written request of any person, shall remove or raise
or lower its wires temporarily to permit construction work in the vicinity thereof or to
HOU03:1055752.7
permit the moving of vessels, houses or other bulky structures. The expense of such
temporary removal, raising or lowering of wires shall be paid by the benefited party or
parties, and Company may require such payment in advance, being without obligation
to remove, raise, or lower its wires until such payment has been made. Company shall
be given adequate, and in no event less than forty-eight (48) hours, advance notice to
arrange for such temporary wire changes.
Section 10. Company shall construct, operate, and maintain its transmission
and distribution facilities in substantial accordance with Company's own Service
Standards and the National Electrical Safety Code ("NESC"). Company shall determine
the specific location and the method of construction and types of materials used in
building, maintaining, and operating Company's transmission and distribution facilities.
City shall require its employees and contractors performing work for the benefit of City
to comply with all applicable laws, statutes, codes and standards (including, without
limitation, Section 752 of the Texas Health and Safety Code, as the same may be
amended or replaced, and the NESC) when working near Company's System and to
report as soon as practicable any damage done to Company's System. Company also
agrees to require its employees and contractors performing work for the benefit of City
to comply with all applicable laws, statutes, codes and standards (including, without
limitation, Section 752 of the Texas Health and Safety Code, as the same may be
amended or replaced, and the NESC) when working near City's facilities and to report
as soon as practicable any damage done to City's facilities. Company shall relocate
facilities within Public Rights-of-Way at Company's own expense, exclusive of street
lighting and facilities installed for service directly to City, to accommodate Public Works
Improvement Projects, including, but not limited to street widening, change of grade,
water, sewer, or drainage upgrades, construction or reconstruction projects and minor
relocation of traffic lanes. City shall bear the costs of all relocations of street lighting
and facilities installed for service directly to City and of any relocation of other facilities
requested by City for reasons other than Public Works Improvement Projects. Except in
the event of an emergency, City shall give Company at least seventy-two (72) hours
notice when City or City's contractor is requesting the bracing of Company's poles.
Company shall pay for the bracing to accommodate Public Works Improvement
Projects, including but not limited to street widening, change of grade, water, sewer, or
drainage upgrades, construction or reconstruction projects and minor relocation of traffic
lanes.
Section 11. In consideration for the rights and privileges herein granted,
Company agrees to pay to City, beginning on the Effective Date and continuing
throughout the remaining term of the Prior Franchise and the additional thirty (30) year
term of this Franchise provided for in Section 4, above, an annual franchise fee
(referred to herein as "Annual Franchise Fee"), subject to an Annual Adjustment Factor
as set forth below. Except as set forth in Section 15, payment of the Annual Franchise
Fee shall be the total compensation payable to City in consideration for the right,
privilege and franchise herein conferred for Company's use of the Public Rights-of-Way
to construct, operate, use and maintain its System for the provision of electric
transmission and distribution service and its right to use, license, or exploit its System
for Other Services.
The Annual Franchise Fee shall be calculated as follows:
HOU03:1055752.7
1. The "Annual Franchise Fee," for the period beginning on the Effective Date
and continuing through June 30, 2007 (the "Initial Franchise Period"), shall be
$901,742.96.
2. The Annual Franchise Fee for each succeeding twelve-month period
(each a "Franchise Year"), including the Franchise Year beginning July 1,
2007, shall be adjusted by multiplying $1,265,908.39 by the Annual
Adjustment Factor. The "Annual Adjustment Factor" for any given year shall
be a fraction, the numerator of which shall be the kWh delivered by Company
within the Franchise Area (inclusive of street lighting) in the previous calendar
year and the denominator of which shall be the kWh delivered by Company
within the Franchise Area (inclusive of street lighting) in 2005, said amount
being 405,673,951 kWh. (Example: The Annual Franchise Fee for the
Franchise Year beginning July 1, 2010 = $1,265,908.39 x 2009
kWh/405,673,951.
In no case, however, shall the Annual Franchise Fee be less than $1,265,908.39,
except as provided in (1), above, for the initial Annual Franchise Fee Period. In
calculating the amount to be paid each year, Company shall offset its Annual Franch
In calculating the amount to be paid each year, Company shall offset its Annual
Franchise Fee payments with the amount of the Municipal Account Franchise Credits
and Municipal Franchise Fee Credits provided in Company's tariffs and applicable to
City in the prior calendar year. The Annual Franchise Fee shall be payable in equal
monthly installments due the first day of each calendar month. Company shall calculate
the new franchise fee to be payable for each Franchise Year beginning July 1st and
shall provide the same along with the basis for such calculation to City for its review no
later than April 1 sl of each year. If Company does not receive an objection from City by
May 31st, Company shall implement the adjusted Annual Franchise Fee payment on
July 1st. If the additional thirty (30) year term of this Franchise provided for in Section 4,
above, ends on any day other than the last day of the last Franchise Year, then the
Annual Franchise Fee for the final Franchise Year shall first be calculated pursuant to
this Section 11 and then pro rated accordingly.
Section 12. The parties agree that the franchise payments due under this
Franchise are reasonable and necessary and that the parties shall use their best efforts
to enable Company to recover these payments through its electric rates.
Section 13. Except as provided in Section 15, the Annual Franchise Fee
payable hereunder shall be the total compensation payable by Company to City for
Company's use of the Public Rights-of-Way for the conduct of its business under the
Franchise. City shall not charge any additional license, charge, fee, street or alley
rental, or other character of charge or levy for the use or occupancy of the Public
Rights-of-Way in City, or any pole tax or inspection fee tax. If City does charge
Company any additional license, charge, fee, street or alley rental, or other character of
charge or levy, then Company may deduct the amount charged from the next
succeeding franchise payment or payments until fully reimbursed. The Franchise shall
constitute a permit to perform all work on Company's System within the Public Rights-
of-Way and to park vehicles in the Streets and other Public Rights-of-Way when
HOU03:1055752.7
necessary for the installation, removal, operation or maintenance of Company's System.
Company and contractors performing work for Company shall not be required to obtain
any permits in addition to the Franchise or to pay any fee in addition to the Annual
Franchise Fee in order to perform work on Company's System or to park within the
Streets and other Public Rights-of-Way. Company shall cooperate with City to avoid
unnecessary disruption, and Company shall comply with all valid City ordinances
governing time periods and standards relating to excavating in the Public Rights-of-
Way.
Section 14. In the first rate case to review Company's base rates following the
Effective Date (the "First Rate Case"), City shall support Company's request to include
in Company's base rates the entire then-effective Annual Franchise Fee. If, as a result
of the First Rate Case, or any subsequent rate case, Company's entire then-effective
Annual Franchise Fee is not included in Company's base rates, then Company shall be
required to pay only so much in franchise fees as the amount of franchise fees used by
the PUC to calculate Company's then-effective rates.
Section 15. In addition to the considerations set forth in Section 11, Company
shall furnish, free of charge, subject to the use of City, such pole and/or duct space as
may be required from time to time for the installation of City-owned traffic, police and fire
alarm system conductors; provided such conductor space does not exceed the
available capacity on anyone existing pole or in one existing interior duct. Company
shall allow for the expanded use of existing energized conductors by City for the
purposes of providing traffic signal communication interconnectivity with prior written
approval from Company. The specific location for these traffic, police and fire alarm
conductors on Company poles or ducts shall be determined by Company and shall be
allotted at the time specific applications for space are received from City. All City traffic,
police and fire alarm circuits on Company poles and ducts shall be designed and
installed, operated and maintained in compliance with the applicable provisions of the
NESC and other laws, statutes, codes and ordinances applicable to private parties and
so as to create no interference, corrosion, harm, damage or hazard with, to or from
Company's System or Company's business. All plans for such city traffic, police and
fire alarm circuits must be submitted for Company's written approval prior to installation.
Any modifications to Company's System necessary to accommodate such installation
shall be paid by City. If, after installation, City's equipment is found to interfere with
Company's System or business, Company and City shall work together to address the
problem and, if deemed practical by Company, preserve City's access. Where main
underground duct lines are located between manholes, Company shall permit free of
charge the installation in one interior duct by City of its traffic, police or fire alarm signal
cables; provided space is available in an interior duct not suitable for power circuits
without interference with Company's system neutral conductors. All cables installed by
City in Company ducts shall be of the non-metallic sheath type to prevent corrosive or
electrolytic action between City and Company owned cables. A request for duct
assignment shall in each instance be submitted to Company and a sketch showing duct
allocation shall be received from Company prior to the installation of City cables in
Company-owned duct lines. All City-owned conductors and cables, whether on poles or
in duct lines, shall be constructed, maintained and operated in such manner as to not
interfere with or create a hazard in the operation of Company's System or Company's
business. If after installation, City's equipment is found to interfere with Company's
HOU03:1055752.7
System or business, Company and City shall work together to address the problem and,
if deemed practical by Company, preserve City's access.
In addition to the consideration set forth in Section 11, Company shall permit City
to use, free of charge, extra space on its street light poles to install City-owned traffic
control signs and decorative banners, with prior written approval from Company and
provided that such use is consistent with the NESC and other applicable engineering
and operational codes and standards.
Notwithstanding any other provision in this Franchise" it is further
agreed that Company shall not be responsible to any party or parties
whatsoever for any claims, demands, losses, suits, judgments for damages
or injuries to Persons or property by reason of the construction,
maintenance, inspection or use of the traffic signal light systems, police
and fire alarm systems, traffic control signs, or decorative banners
belonging to City and constructed upon Company's poles or street light
poles or in its ducts, and City shall indemnify and hold Company harmless
against all such claims, losses, demands, suits and judgments, to the
extent permitted by the Texas Tort Claims Act, but City does not, by this
agreement, admit primary liability to any third party by reason of City's
operation and use of such traffic signal light systems, police and fire alarm
systems, traffic control signs, or decorative banners, such being a function
of government.
Section 16. City may conduct an audit or other inquiry, or may pursue a cause
of action in relation to the payment of the Annual Franchise Fee only if such audit,
inquiry, or pursuit of a cause of action concerns a payment made less than two (2)
years before commencement of such audit, inquiry, or pursuit of a cause of action. City
shall bear the costs of any such audit or inquiry. All books and records related to
Company's operations under this Franchise shall be available to City. Upon receipt of a
written request from City, such documents shall be made available for inspection and
copying no later than thirty (30) days from the receipt of such request. Amounts due to
City for past underpayments or amounts due Company for past overpayments shall
include interest calculated using the annual interest rates for overcharges as set by the
Texas Public Utility Commission. Said interest shall be payable on such sum from the
date the initial payment was due until it is paid.
Section 17. The parties agree to waive any and all claims, asserted or
unasserted, arising out of prior franchise agreements including, without limitation, the
Prior Franchise, except those claims relating to Company's obligations as determined in
an audit underway as of March 1, 2006.
Section 18. Nothing contained in this Franchise shall ever be construed as
conferring upon Company any exclusive rights or privileges of any nature whatsoever.
Section 19. It shall be Company's obligation as provided in Section 8 hereof to
furnish efficient electrical service to the public at reasonable rates and to maintain its
property in good repair and working order except when prevented from so doing by
HOU03:1055752.7
forces and conditions not reasonably within the control of Company. Should Company
fail or refuse to maintain its System in good order and furnish efficient service at all
times throughout the life of this grant, except only when prevented from so doing by
Force Majeure, or should Company fail or refuse to furnish efficient service at
reasonable rates, lawfully determined by City, throughout the life of this grant, excepting
only during such periods as Company shall in good faith and diligently contest the
reasonableness of the rates in question, then it shall forfeit and pay to City the sum of
Twenty Five Dollars ($25) for each day it shall so fail or refuse after reasonable notice
thereof and a hearing thereon by City. Any suit to recover such penalty shall be filed
within one year from the date the penalty accrues.
Section 20. If any term or other provision of the Franchise is determined by a
nonappealable decision by a court, administrative agency, or arbitrator to be invalid,
illegal, or incapable of being enforced by any rule of law or public policy, all other
conditions and provisions of the Franchise shall nevertheless remain in full force and
effect so long as the economic or legal substance is not affected in any manner
materially adverse to either party. Upon such determination that any term or other
provision is invalid, illegal, or incapable of being enforced, the parties shall negotiate in
good faith to modify the Franchise so as to effect the original intent of the parties as
closely as possible.
SECTION 21. Subject to Section 15, Company, its successors and
assigns, shall protect and hold City harmless against all claims for
damages or demands for damages to any Person or property by reason of
the construction and maintenance of its electricity transmission and
distribution System, or in any way growing out of the granting of this
Franchise, either directly or indirectly, or by reason of any act, negligence,
or nonfeasance of the contractors, agents or employees of Company, its
successors or assigns, and shall refund to City all sums which it may be
adjudged to pay on any such claim, or which may arise or grow out of the
exercise of the rights and privileges hereby granted, or by the abuse
thereof, and Company, its successors and assigns, shall indemnify and
hold City harmless from and on account of all damages, costs, expenses,
actions, and causes of action, to the extent permitted by the Texas Tort
Claims Act, that may accrue to or be brought by any Person, Persons,
company or companies at any time hereafter by reason of the exercise of
the rights and privileges hereby granted, or of the abuse thereof.
Section 22. In granting this Franchise, it is understood that the lawful power
vested by law in City to regulate all public utilities within City, and to regulate the local
rates of public utilities within City within the limits of the Constitution and laws, and to
require all persons or corporations to discharge the duties and undertakings, for the
performance of which this Franchise was made, is reserved; and this grant is made
subject to all lawful rights, powers and authorities, either of regulation or otherwise,
reserved to City by its Charter or by the general laws of this State.
Section 23. This Franchise amends the Prior Franchise, and extends the term
of the Prior Franchise for an additional thirty (30) year period and replaces all other
HOU03:1055752.7
former franchise agreements with Company, or its predecessors, which are hereby
repealed.
Section 24. City by the granting of this Franchise does not surrender or to any
extent lose, waive, impair or lessen the lawful powers and rights, now or hereafter
vested in City under the Constitution and statutes of the State of Texas and under the
Charter of City to regulate the rates and services of Company; and Company by its
acceptance of this Franchise agrees that all such lawful regulatory powers and rights as
the same may be from time to time vested in City shall be in full force and effect and
subject to the exercise thereof by City at any time and from time to time.
Section 25. Within 30 days following the final passage and approval of this
ordinance, the Company shall file with the City Secretary, accompanied by appropriate
authorized corporate resolutions in a form acceptable to the City Attorney, a written
statement in the following form signed in its name and behalf:
"To the Honorable Mayor and the City Council of the City of La Porte, Texas:
For itself, its successors and assigns, Grantee, CENTERPOINT ENERGY
HOUSTON ELECTRIC, LLC, hereby accepts the attached ordinance and
agrees to be bound by all of its terms, conditions and provisions."
CENTERPOINT ENERGY HOUSTON
ELECTRIC, LLC
By:
Name:
Title:
"Dated this the
day of
,2006."
Section 26. This Franchise, having been published as required by Article VII,
"Franchises and Public Utilities" of the Home Rule Charter of the City of La Porte,
Texas, shall take effect and be in force from and after sixty (60) days following its final
passage and approval, and after publication once each week for four (4) consecutive
weeks in The La Porte Bayshore Sun, the official newspaper of the City of La Porte, and
receipt by the City of Company's acceptance filed pursuant to Section 25. In
compliance with the provisions of Article VII of the Home Rule Charter of the City of La
Porte, the Company shall pay the cost of those publications and any costs associated
with any elections held regarding this Franchise required by such Home Rule Charter
provisions.
Section 27. Every notice, order, petition, document, or other direction or
communication to be served upon the City or the Company shall be deemed sufficiently
given if sent by registered or certified mail, return receipt requested. Every such
communication to the Company shall be sent to:
HOU03:1055752.7
Vice President, Regulatory Relations
CenterPoint Energy, Inc.
1111 Louisiana Street
Houston, Texas 77002
Unless and until changed by written notice given in accordance with this section, every
such communication to the City or the City Council shall be sent to the:
City Manager
City of La Porte
City Hall
604 West Fairmont Parkway
La Porte, Texas 77571
and, as applicable, to the:
City Secretary
City of La Porte
City Hall
604 West Fairmont Parkway
La Porte, Texas 77571
The mailing of such notice, direction, or order shall be equivalent to direct personal
notice and shall be deemed to have been given the earlier of receipt or two business
days after it was mailed.
Section 28. The rights and remedies provided herein are cumulative and not
exclusive of any remedies provided by law, and nothing contained in this Franchise
shall impair any of the rights of the City or the Company under applicable law, subject in
each case to the terms and conditions of this Franchise.
Passed on first reading, the 10th day of July, 2006.
Passed and approved on second and final reading, the 14th day of August, 2006.
Alton E. Porter, Mayor
ATTEST:
Martha A. Gillett
City Secretary
APPROV~d
Knox W. Askins
City Attorney
HOU03:1055752.7
-"
....-.
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Jul
Bude:et
Requested By:
Source of Funds:
Department:
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits: Ordinance 2006-
Amount Requested:
Exhibits: Tax Abatement A~reement
Budgeted Item: YES
NO
Exhibits: .. A" - La Porte Guidelines and Criteria Governing
Tax Abatement Ae:reements
Exhibits: ..R" - Packwell, Inc Application for Tax Abatement
Exhibits: ..C" - T ,egal Meet!il and Ronnd!il De!ilcription
Exhibits: Letter!il of Notice to San .Tacinto College Di!iltrict,
Ha. Co Commi!il!ilioner!il Conrt and LPISD
SUMMARY & RECOMMENDATION
On April 24, 2006 City Council approved a Public Hearing date for establishing a Reinvestment Zone and
authorized staff to publish said Public Hearing date and provide notices to other taxing entities as prescribed by
Chapter 312 of the Texas Tax Code for Packwell, Inc.
At the May 8, 2006 City Council meeting the Public Hearing was held and Ordinance 2006-2885 was approved by
Council designating a 19.607 Ac tract as La Porte Reinvestment Zone "B" - "Packwell, Inc."
City Council also approved, at the May 8 meeting, an early start variance to allow construction of improvements for
a proposed manufacturing and plastics packaging and distribution facility to be located at 10016 Porter Road to
commence prior to the execution and delivery of a Tax Abatement Agreement with Packwell, Inc.
Since then, with assistance from the Harris County Office of Economic Development, the staff has reviewed the
Application for conformance with the City's guidelines and prepared a Tax Abatement Agreement for Council's
consideration.
Please note that, while Packwell anticipates 50 employees at the facility, the Agreement (Section IV. F.) was
constructed to reflect 25 employees. The City's guidelines require a minimum of25 employees (for this use) and
this lower employee count will assist in avoiding default to (Section IV. F. & VII.). The resulting tax abatement cap
($1,000,000 per jobs) will still exceed the anticipated abatement and therefore is not a problem.
Action Reauired bv Council:
Approve Ordinance 2006~ authorizing a Tax Abatement Agreement between the City of La Porte and
Packwell, Inc. for real property located in the La Porte Reinvestment Zone "B."
~
1-!-J~ -V~
Date
..----
ORDINANCE NO. 2006- JqlS'
AN ORDINANCE APPROVING AND AUTHORIZING A TAX ABATEMENT AGREEMENT
BETWEEN THE CITY OF LA PORTE AND PAClCWELL, INC. , A TEXAS
CORPORATION, FOR REAL PROPERTY LOCATED IN THE LA PORTE REINVESTMENT
ZONE B 7 MAICING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT 7 FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW 7 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 from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 10th day of July, 2006.
~~. OF L~ lO~'
~~\~
Alton E. Porter, Mayor
ATTEST:
~attiJd.,rl ,~
Mar ha A. Gillett
City Secretary
APP~~~
Knox W. Askins
City Attorney
By:
2
TAX ABATEMENT AGREEMENT FOR REAL PROPERTY
LOCATED IN THE LA PORTE REINVESTMENT ZONE "B"
THE STATE OF TEXAS ~
~
COUNTY OF HARRIS ~
This Tax Abatement Agreement (the "Agreement") is made and entered into by and between
the City of La Porte, Texas, a municipal corporation (the "City), and Packwell, Inc., ("Lessee"), a
Texas Corporation qualified to do business in the State of Texas and Porter Road Venture, LP
("Lessor"), a Texas Limited Partnership Corporation and an owner of interests in real property
located within the Zone (defined below).
1. AUTHORIZATION
This Agreement is authorized by the following: (a) the Texas Property Redevelopment and
Tax Abatement Act, chapter 312 of the Texas Tax Code, as amended, (b) the City of La Porte
Ordinance 2006-JQJf" authorizing this agreement; and (c) Guidelines and Criteria for Granting Tax
Abatement in a Reinvestment Zone Created in La Porte, Texas, adopted by the La Porte City Council
on February 14, 2005; Ordinance 2005-2809 (the "Guidelines"), attached hereto as Exhibit A and
made a part hereof. All definitions set forth therein are applicable to this Agreement, except as
otherwise expressly provided in this Agreement.
II. DEFINITIONS
As used in this Agreement, the following terms shall have the meanings set forth below:
a) "Abatement" means the full or partial exemption from ad valorem taxes of certain real
property (including fixed-in-place machinery & equipment) located on the Project Site
within the Zone designated for economic development purposes.
b) "Effective Date of Abatement" means January 1,2007.
c) "Base Year Value" means the 2006 certified appraised value, as determined by the
Harris County Appraisal District ("HCAD"), for the real property located in the
Project Site.
d) "Improvements" means the buildings or portions thereof and other improvements,
including fixed-in-place machinery and equipment, that are erected by the Lessor
and/or Lessee on the Project Site on or after April 3, 2006 and no later than December
31,2008, and more fully described in the "Application for Tax Abatement in La Porte,
Texas" (the "Application"), attached hereto as Exhibit B and made part hereof for all
purposes.
e) "Construction" means a material and substantial improvement of the property, which
represents a separate and distinct construction operation undertaken for the purpose of
erecting the Improvements. The period of Construction ends when the facility is
available for occupancy, or on December 31, 2008, whichever occurs first.
f) "Eligible Property" means the construction commencing on or after April 3, 2006 , of
buildings, structures, fixed machinery, equipment and process units, site
improvements, and that office space and related fixed improvements necessary to the
operation and administration of the facility, as set forth in the Investment Budget in the
Application. The value of all property shall be the certified appraised value as finally
determined by HCAD each year.
g) "Ineligible Property" means any construction commencing before April 3, 2006 and
after December 31, 2008, land, inventories, supplies, tools, furnishings and other
forms of movable personal property, vehicles, vessels, aircraft, housing, hotel
accommodations, deferred maintenance investments, improvements for generation or
transmission of electrical energy not wholly consumed by a new facility or expansion,
any improvements which are not integral to the operation of the facility, property that
has an economic life of less than fifteen (15) years, any Improvements that have an
economic life of less than fifteen (15) years, or any Improvements exempted by local,
state or federal law.
h) "Lessee" means Packwell, Inc. a Texas Corporation.
i) "Lessor" means Porter Road Venture, L.P. a Texas Limited Partnership.
j) "Permanent Employee" means a person who works a minimum of 1,750 hours per
year exclusively in the Project within the Zone (excluding any contract employee,
seasonal employee, full-time equivalent, or part-time employee), whose employment is
both permanent and full-time, who receives industry-standard benefits, and whose
employment is reflected in the quarterly report filed with the Texas Workforce
Commission ("TWC") by the Owner (or Contractor, if applicable).
k) "Project" means the 423,660 Square feet Building and Improvements to be built on a
19.607 acre tract of real property located at 10016 Porter Road, La Porte, Texas,
known herein as the Project Site, and as more fully described in the Investment Budget
included in Exhibit B, attached hereto and made a part hereof for all purposes.
1) "Project Site" means the 19.607 acre tract of real property to be improved, as more
fully described in Exhibit C attached hereto and made a part hereof for all purposes.
m) "Zone" means the 19.607 acre tract of real property located at 10016 Porter Road in
La Porte, Texas.
III. SUBJECT PROPERTY
The Project Site is in La Porte, Texas, generally described as 19.607 acres ofland situated in
the Enoch Brinson Survey, Abstract 5, Harris County, Texas and as more fully described in Exhibit
C, attached hereto and made a part hereof for all purposes.
Upon completion of the Improvements to be constructed and further described in Exhibit B,
the Project will consist of a Manufacturing and Distribution Plant.
In accordance with TEXAS TAX CODE ANN. ~3l2.204(a), HCAD shall determine the Base
Year Value of real property subject to the Abatement Agreement. The Chief Appraiser of HCAD
shall annually certify the appraised value of the Project Site and any improvements to the Project Site
subject to abatement under this Agreement.
IV. REPRESENTATIONS AND CONTEMPLATED IMPROVEMENTS
A. The Lessor and Lessee represents that it presently owns fee simple title to the project
site more fully described in Exhibit C, attached hereto and made a part hereof; and that the
Improvements will be constructed on the project site within the boundaries of the Reinvestment Zone. .
B. The Lessor and Lessee each represent that: (1) it is the lessee of the real property
located at 10016 Porter Road in La Porte, Texas; and (2) the property is located within the boundaries
of the zone.
C. The Lessor and Lessee each represent and warrant that they have executed a valid Lease
Agreement for the construction of the Improvements described in the Investment Budget in Exhibit B,
which will begin on or after April 3, 2006.
D. The Lessor and Lessee represents and warrants that the proposed use of the Project is a
Manufacturing and Distribution Plant. Additionally, the Lessor and Lessee agrees to maintain the
Improvements in good repair and condition during the Abatement Period, and that construction of the
Improvements shall be done substantially in conformity with the Investment Budget included in
Exhibit B.
E. The Lessor and Lessee represents and warrants they will invest at least $11 million in
the Improvements by December 31, 2008, and that the certified appraised value of the Improvements,
as determined by HCAD, shall be at least $9.38 million by January 1, 2009.
F. The Lessee represents and warrants that they will create at least 25 new full-time,
permanent employment positions on the Project Site no later than December 31, 2008. If at any time
the Lessee fails to meet the total employment requirement, all taxes previously abated by virtue of this
Agreement may be recaptured by the City and in such event such taxes shall be paid to the City, and
the other political subdivisions that are parties to this Agreement, within sixty (60) days from demand.
G. The Lessor and Lessee represent and warrant that they are not indebted to the City for
any past due ad valorem taxes or other obligations.
H. The Lessor and Lessee represents and warrants that they are in compliance with all state
and federal laws designed to protect human health and welfare. The construction of the Improvements
and operation of the facility shall be in compliance with all applicable federal, state and local laws,
rules and regulations, including those designed to protect the environment from environmental hazards
and degradation.
V. VALUE AND TERM OF AGREEMENT
A. The Lessor and Lessee shall make the Improvements in conformity with this Agreement
as set out in the Investment Budget in Exhibit B attached hereto and made a part hereof for all
purposes. Upon completion of the Improvements, the Lessor and Lessee shall use the Improvements as
set forth in Section III of this Agreement. The Lessor and Lessee shall further maintain the
Improv.ements in good repair and condition during the Abatement Period.
B. The term of this tax abatement shall be for a period of ten (10) years beginning on
January 1, 2007 ("Effective Date of Abatement"). In no case shall the term of this abatement exceed
ten (10) years from the Effective Date of Abatement. The value of the Eligible Property shall be
abated as follows:
Year Abated
Percentage of Value
1-3 Including Construction
4
5
6
7-10
100%
80%
60%
40%
20%
C. If the period of construction extends beyond December 31, 2008, two (2) years from the
Effective Date of Abatement, the Improvements shall be considered completed for purposes of
abatement. In no case shall the abatement period, inclusive of the construction period, exceed ten (to)
years from the Effective Date of Abatement.
VI. TAXABILITY
During the period that this Abatement Agreement is in effect, taxes shall be payable as follows:
(1) The certified appraised value of the Ineligible Property as determined each year by the Harris
County Appraisal District will be fully taxable.
(2) The tax abatement shall apply only to Eligible Property which value shall be abated in
accordance with the percentage set forth in Section V (B), above. The abatement applied to Eligible
Property in any year may not be greater than the amount by which the value of all property located in
the Project Site, including Eligible Property, existing property and Ineligible Property, as listed on the
appraisal roll for that year, exceeds the Base Year Value.
VII. EVENT OF DEFAULT
A. During the period covered by this Agreement, the City may declare a default hereunder upon
the occurrence of anyone or more of the following circumstances or events:
1. Failure by the Lessor and Lessee to commence construction of the Project
Improvements specified in the Investment Budget of Exhibit B and Section IV of this
Agreement by January 1, 2007, or
2. If the Lessor and Lessee fails, refuses, or neglects to comply with any of the terms of
this Agreement; or
3. Failure by the Lessor and Lessee to comply with TEX. TAX CODE ANN. ~22.01, as
amended, requiring an annual rendition of all personal property with HCAD; or
4. If any representation made by the Lessor and Lessee in the Application or in this
Agreement is false or misleading in any material respect.
B. In the event the City declares the Lessor and Lessee to be in default of this Agreement, this
Agreement shall terminate unless such default is cured in accordance with Subsection C below. If
this Agreement is terminated, the City, and the other political subdivisions that are parties to this
Agreement, shall be entitled to recapture all property taxes which have been abated as a result of this
Agreement. Additionally, the Lessor and Lessee agrees to pay the City, and the other political
subdivisions who are parties to this Agreement, interest at the rate of six percent (6%) per annum on
any amount of previously abated taxes that are due to be recaptured under Section VII of this
Agreement from the effective date of this Agreement. Interest for each year's abated taxes to be
recaptured pursuant to Section VII of this Agreement shall be calculated beginning from the effective
date of this agreement. Interest shall be calculated on the basis of a year of 360 days and the actual
days elapsed (including the first day but excluding the last day) occurring in the period for which such
interest is payable, unless such calculation would result in a usurious rate, in which case interest shall
be calculated on the per annum basis of a year of 365 or 366 days, as applicable, and the actual days
elapsed (including the first day but excluding the last day).
C. The Lessor and Lessee is responsible for notifying the City of any default of this Agreement
within ten (10) days of the default and must cure such default within sixty (60) days of the default
("Cure Period"). If the City determines that the Lessor and Lessee has failed to notify the City of any
default of this Agreement as provided in this paragraph, the Agreement may be terminated
immediately by the City and all taxes previously abated by virtue of this Agreement may be
recaptured from Lessor and Lessee. In such event, such taxes must be paid to the City, and other
political subdivisions that are parties to this Agreement, within sixty (60) days from the date of
termination. If the City does not receive full payment within said sixty (60) days of termination of
this Agreement, a penalty may be added, pursuant to section 312.205 (b)( 6) of the Texas Tax Code,
equal to fifteen percent (15%) of the total amount of taxes abated under this Agreement.
D. In the event the Lessor and Lessee allows the ad valorem taxes owed the City to become
delinquent or fails to timely and properly follow the legal procedures for its protest and/or contest,
then this Agreement may be terminated and all taxes previously abated by virtue of this Agreement
will be recaptured from the Lessor and Lessee. In such event, such taxes must be paid to the City,
and other political subdivisions that are parties to this Agreement, within sixty (60) days from the
date of termination.
E. In the event the facility herein is completed and the Lessee begins operation, but subsequently
discontinues operation after January 1, 2007, for any reason, for a period of 180 days during the
abatement period, or one year in the event of a natural disaster, then this Agreement shall terminate.
In the event of termination pursuant to the provisions of this paragraph, the abatement of taxes under
this Agreement for the calendar year during which the facility no longer is in operation shall terminate
and there shall be full recapture with penalties and interest as set out herein. Further, the Lessor and
Lessee shall notify the City within ten (10) days of any discontinuation, stating the reason for the
discontinuation and the projected length of discontinuation. Any taxes otherwise abated for the
calendar year during which the Lessee no longer operates its Manufacturing and Distribution Plant,
must be paid directly to the Tax Assessor-Collector for City for the benefit of the political
subdivisions who are parties to this Agreement, within sixty (60) days from the date of
discontinuation.
VIII. ADMINISTRA nON
The City of La Porte Finance Department shall administer this Agreement on behalf of the
City. The Lessor and Lessee shall allow employees and/or representatives of the City who have been
designated by the City Manager's Office to have access to the Project Site during the term of this
Agreement to inspect the facility to determine compliance with the terms and conditions of this
Agreement. All inspections will be made only after giving twenty-four (24) hours prior notice and
will only be conducted in such manner as to not unreasonably interfere with the construction and/or
operation of the Project. All inspections will be made with one or more representatives of the Lessor
and Lessee and in accordance with safety standards of the Lessor and Lessee.
Upon completion of the Improvements, the City shall annually evaluate the Project to ensure
compliance with the terms and provisions of this Agreement and shall report possible defaults to the
City Council and City Attorney. The Lessee shall annually submit to HCAD and to the City,
beginning on January 1, 2009, and continuing through the term of this Agreement, a January 1st
employee-count for the Project Site which shall correspond to employment counts reported in the
Employer's Quarterly Report to the Texas Workforce Commission filed by the Lessee, for the quarter
ending on the previous December 31, and a separate notarized letter certifying: (1) the number of jobs
created as a direct result of the Improvements, and (2) the Lessee is in compliance with the
environmental and worker safety requirements for the preceding year. This information will be used
to determine eligibility and value of abatement for that year and shall be subject to audit if requested
by the City. The Lessee's failure to submit this information will render the Lessor and Lessee
ineligible to receive abatement for that year.
The Lessor and Lessee shall (a) obtain and maintain all required permits and other
authorizations from the United States Environmental Protection Agency and the Texas Commission
on Environmental Quality ("TCEQ") for the construction and operation of the Project facility and for
the storage, transport, and disposal of solid waste; and (b) seek a permit from the TCEQ for all
grandfathered units on the Project Site, if any, by filing with the TCEQ, within three years of
receiving the abatement, a technically complete application for such a permit.
The HCAD Chief Appraiser shall annually determine (i) the taxable value pursuant to the terms of
this abatement for all property located in the Project Site and (ii) the full taxable value without
abatement of the real and personal property comprising the Project Site. The Chief Appraiser shall
record both the abated value and the full taxable value in the appraisal records. The full exemption
value listed in the HCAD records shall be used to compute the amount of abated taxes that are
required to be recaptured and paid in the event this Agreement is terminated in a manner that results
in recapture. Each year, the Lessee shall furnish the HCAD Chief Appraiser with such information
outlined in Chapter 22, TEXAS TAX CODE, as may be necessary for the administration of the tax
abatement specified herein.
If the City terminates this Agreement, it shall provide the Lessor and Lessee with written
notice of such termination. If the Lessor and Lessee believe that such termination was improper, the
Owner may file suit in the Harris County District Courts appealing such termination within sixty (60)
days after receipt from the City of written notice of termination. If a suit is filed, the Lessor and
Lessee shall remit to the City, and other political subdivisions who are parties to this Agreement,
within sixty (60) days after receipt ofthe notice of termination, any additional and/or recaptured taxes
as may be payable during the pendency of the litigation pursuant to the payment provisions of TEXAS
TAX CODE ANN. S 42.08. If the final determination ofthe appeal increases the Lessor's and Lessee's
tax liability above the amount of tax paid, the Lessor and Lessee r shall remit the additional tax to the
City and other political subdivisions that are parties to this Agreement, pursuant to TEXAS TAX CODE
ANN. S 42.42. If the final determination of the appeal decreases tax liability ofthe Lessor and Lessee,
the City and other political subdivisions that are parties to this Agreement shall refund the difference
between the amount of tax paid and the amount of tax for which the Lessor and Lessee is liable
pursuant to TEX. TAX CODE SEC. S 42.43.
IX. ASSIGNMENT
The Lessor and Lessee may assign this Agreement to a new owner of the facility with the
written consent of the City Council, which consent shall not be unreasonably withheld. Any
assignment shall provide that the assignee shall irrevocably and unconditionally assume all the duties
and obligations of the assignor upon the same terms and conditions as set out in this Agreement. Any
assignment of this Agreement shall be to an entity that contemplates the same improvements to the
property, except to the extent such improvements have been completed. No assignment shall be
approved if the Lessor and Lessee or assignee is indebted to the City or the other political subdivision
that are parties to this Agreement, for ad valorem taxes or other obligations.
X. RENDITION
This Agreement is specifically conditioned upon the Lessor and Lessee complying with TEX.
TAX CODE SEC. S 22.01, as amended, requires an annual rendition of all personal property with
HCAD.
XI. NOTICE
Any notice required to be given under the provisions of this Agreement shall be in writing and
shall be duly served when it shall have been deposited, enclosed in a wrapper with the proper postage
prepaid thereon, and duly registered or certified, return receipt requested, in a United States Post
Office, addressed to the City and the Lessor and Lessee at the following addresses. If mailed, any
notice or communication shall be deemed to be received seven (7) days after the date of deposit in the
United States Mail. Unless otherwise provided in this Agreement, all notices shall be delivered to the
following addresses:
To Lessee:
Packwell, Inc. A Texas Corporation
Manny Chupungco
3401 Navigation Blvd
Houston, TX 77003
To Lessor:
Porter Road Venture, L.P. A Texas Limited Partnership
Al Duran, General Partner
3401 Navigation Blvd
Houston, TX 77003
with a copy to:
Packwell, Inc, A Texas Corporation
Manny Chupungco
10016 Porter Road
La Porte, TX 77571
To the City:
Director, Department of Finance
City of La Porte
604 West Fairmont Parkway
La Porte, Texas 77571
with a copy to:
Office of the Chief Appraiser/Abatements
Harris County Appraisal District
13013 Northwest Freeway
Houston, Texas 77040-6305
Any party may designate a different address by giving the other party ten (10) days' written notice.
XII. MERGER
The parties agree that this Agreement contains all of the terms and conditions of the
understanding of the parties relating to the subject matter hereof. All prior negotiations, discussions,
correspondence and preliminary understandings between the parties and others relating hereto are
superseded by this Agreement.
XIII. APPLICABLE LAWS
Each party to this Agreement understands and agrees that this Agreement shall be governed
and construed according to the laws of the State of Texas.
XIV. SEVERABILITY
The parties agree that if any provision, section, subsection, sentence, clause or phrase
contained in this Agreement is for any reason held to be unconstitutional, void or invalid, the
remaining portions of this Agreement shall not be affected thereby and all provisions contained herein
are deemed severable for that purpose.
XV. DATE
The City executes this Agreement by and through the City Manager acting pursuant to City of
La Porte Ordinance 2006-~' 5" , so authorizing. This Agreement shall not become enforceable until
executed by all parties hereto. The Effective Date of Abatement shall be January 1,2007.
The parties in multiple originals, each, have executed this Agreement having full force and effect.
~
By~ltMll#d
MARTH A. GILLE
City Secretary
::T4~:~ t~
-U:~EBRA B~
City Manager
Date signed: 7 -/ / - () &
ATTEST:
APPROVED AS TO FORM
;'
Paekwell, Ine ("Lessee)
A Texas Cor r
By: t2t~w! C~
KNOX ASKINS
City Attorney
By:
AL U
General Partner
Date Signed:
7/l%h
EXHIBIT
"A "
., ,
~ .
EXHIBIT "A"
ORDINANCE NO. 2005- ~.irft
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE BY REPEALING ARTICLE V GUIDELINES AND CRITERIA GOVERNING TAX
ABATEMENT AGREEMENTS BY THE CITY OF LA PORTE, SECTIONS 66-140
THROUGH 66-152 AND ADDING ARTICLE V GUIDELINES AND CRITERIA
GOVERNING TAX ABATEMENT AGREEMENTS BY THE CITY OF LA PORTE,
SECTIONS 66-140 THROUGH 66-151 INCLUSIVE; 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 amends the Code of
Ordinances of the City of La Porte by repealing Article V. "Guidelines and Criteria Governing
Tax Abatement Agreements by the City of La Porte", Sections 66-140 through 66-152 and
adding Article V. "Guidelines and Criteria Governing Tax Abatement Agreements by the City of
La Porte", Sections 66-140 through 66-151 inclusive, as follows, to-wit:
ARTICLE V. GUIDELINES AND CRITERIA
GOVERNING TAX ABATEMENT AGREEMENTS
Section 66-140. REDEVELOPMENT TAX ABATEMENT AUTHORIZED.
(1) Cr~ation of Reinvestment Zones.
(a) A property tax abatement program is hereby created to be administered in accordance with
V.T.C.A., Tax Code Ch. 312, as amended from time to time. Tax abatement shall only be allowed
in a reinvestment zone.
(b) Reinvestment zones in the city for this purpose will be considered for designation by city
council upon the recommendation of the City Manager's Office. The city council may approve the
creation of these reinvestment zones on a zone-by-zone basis after a public hearing before the city
council. Following the public hearing the city council may consider the ordinance creating a new
reinvestment zone in the proposed area.
( c) The city council may not adopt an ordinance designating a reinvestment zone until it has held
a public hearing at which interested persons are entitled to speak and present evidence for or against
the designation. Notice of the hearing shall be given at least seven days prior to the hearing. The
presiding officers of eligible jurisdictions shall be notified in writing at least seven days prior to the
hearing.
A notice of the public hearing shall be given to other affected taxing jurisdictions, published
in the legal classified section of the local daily newspaper having general circulation, and posted in
other places as deemed appropriate, including notice to civic associations in the area surrounding
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the proposed zone, at least seven days prior to the hearing. The notice shall contain the location,
time, and place of the public hearing and a description of the proposed boundaries of the
reinvestment zone.
(d) The designation of such a zone by ordinance shall constitute an affirmative finding by the city
council that the improvements sought to be constructed or repairs to be made within the zone are
feasible and practical and would be of benefit to the land to be included within a zone and to the
city.
( e) In determining whether an area qualifies as a reinvestment zone for the property tax
abatement program, the city council shall use anyone or more of the following criteria as
guidelines:
(1) The area substantially impairs or arrests the sound growth of the city; retards the
provision of housing accommodations, or constitutes an economic or social liability and is a
menace to the public health, safety, morals, or welfare in its present condition and use by
reasons of the presence of substantial number of substandard, slum, deteriorated, or
deteriorating structures, predominance of defective or inadequate sidewalks or street layout;
faulty lot layout in relation to size, accessibility, or usefulness, unsanitary or unsafe
conditions; deterioration of site or other improvements; tax or special assessment
delinquency exceeds the fair value of the land; defective or unusual conditions of title; the
existence of conditions that endanger life or property by fire or other cause; or any
combination of these factors or conditions.
(2) The area is predominantly open and, because of obsolete platting or deterioration of
structures or site improvements or other factors, substantially impairs or arrests the sound
growth of the city. .
(3) The area has been designated a local or state-federal enterprise zone under the Texas
Enterprise Zone Act.
(4) The area is located wholly within an eligible blighted area, as identified from time to
time by city council.
(5) There has been a demonstration of community interest and there is evidence that
substantial number of owners of taxable real property in the reinvestment zone will
participate in such a program.
(6) Be reasonably likely as a result of the designation to contribute to the retention or
expansion of primary employment or to attract major investment in the zone that would be a
benefit to the property and that would contribute to the economic development of the city.
(f) The goals and objectives expressed above and the standards and restrictions expressed in
V.T.C.A., Tax Code Ch. 312, as amended, are not exhaustive and shall be supplemented by such
further and additional goals, objectives, rules, standards and restrictions as the city council may
from time to time impose.
- 2 -
"
(g) The designation of a reinvestment zone hereunder shall expire five years after the date of its
designation and may be renewed for periods not to exceed five years. The expiration of a
designation, however, shall not affect existing agreements entered into pursuant to section 66-140 or
section 66-145 of this chapter.
(2) Agreement for property tax abatement.
(a) Upon designation of a reinvestment zone, the city may 'enter into property tax abatement
agreements with interested owners of taxable real property located within the reinvestment zone.
. The agreement shall be con,ditioned on the owner of the property making certain improvement or
repairs to the property as outlined in Section 66-143, Application.
(b) In addition to the guidelines and criteria contained herein, to be eligible for tax abatement the
planned improvement:
(1) Should provide an economic benefit to the city, taking all relevant factors into
consideration, including (i) size of the abatement, (ii) income from sales tax and
franchise fees generated by the planned improvement, and (iii) any additional
expense to the city services as a result of the improvement; and
(2) Must be necessary because capacity cannot be provided efficiently utilizing
existing improved property when reasonable allowance is made for necessary
improvements; and
(c) Property in a reinvestment zone that is owned or leased by a member of the city council or by
a member of the city planning commission is excluded from property tax abatement.
(d) The city may enter into a property tax abatement agreement with the interested owners of
taxable real property for improvements or repairs completed before the city's approval of the tax
abatement agreement if:
(1) The applicant has complied with the requirements of section 66-143; and
(2) The applicant provides evidence of good cause as to why the city should grant
tax abatements for improvements or repairs completed before the city's approval of
the tax abatement agreement; and
(3) The agreement is consistent with the requirements of subsections (a) through
( c) above, except as provided in paragraph (2) of this subsection.
Notwithstanding any other provision of this section, for tax abatement agreements approved
under this subsection (d), city council shall determine the year that property tax abatement shall
begin.
Section 66-141. DEFINITIONS
(a) "Abatement" means the full or partial exemption from ad valorem taxes of certain
- 3 -
. ,
real property (including fixed-in-place machinery & equipment) in a reinvestment
zone designated for economic development purposes.
(b) "Eligible Jurisdiction" means the city and any school district, college district or
other taxing district eligible to abate its taxes according to Texas law that levies ad
valorem taxes upon and provides services to property located within the proposed or
existing reinvestment zone.
(c) "Agreement" means a contractual agreement between a property owner and/or lessee
and an eligible jurisdiction for the purposes of tax abatement.
(d) "Base Year Value" means the assessed value of eligible property on January I
preceding the execution of the agreement plus the agreed upon value of eligible
property improvements made after January I, but before the execution of the
agreement, or the sales price, if the property was conveyed subsequent to January I,
whichever is greater.
(e) "Competitively-Sited Project" means a project where the applicant has completed a
written evaluation of competing locations for expansion, relocation, or new
operations, including identification of specific sites in those locations.
(f) "Department" shall mean the department of finance of the city.
(g) "Economic Life" means the number of years a property improvement is expected to
be in service in a facility.
(h) "Employee" means a person whose employment is both permanent and fulltime,
who works for and is an employee of the Owner or an employee of a Contractor, who
works a minimum of 1,750 hours per year exclusively within the Zone, who receives
industry standard benefits, and whose employment is reflected in the Owner's (and
Contractor's, if applicable) quarterly report filed with the Texas Workforce
Commission; but excluding any direct contract (seasonal, part-time, and full-time
equivalent).
(i) "Expansion" means the addition of buildings, structures, fixed machinery or
equipment for purposes of increasing production capacity.
G) "Facility" means property improvements completed or in the process of construction
which together comprise an integral whole.
(k) "Manufacturing Facility" means buildings and structures, including fixed-in-place
machinery and equipment, the primary purpose of which is or will be the manufacture
of tangible goods or materials or the processing of such goods or materials by physical
or chemical change.
(1) "New Facility" means a property, previously undeveloped, which is placed into
service by means other than or in conjunction with expansion or modernization.
-4-
(m) "Other Basic Industry Facility" means buildings and structures including fixed
machinery and equipment not elsewhere described, used or to be used for the
production of products or services which primarily serve a market in the creation of
new permanent employment and bring in new wealth.
(n) "Owner oftaxable real property" shall mean the person, corporation, company
or other entity responsible for paying property taxes on certain property or an
interest therein including a leasehold interest or interests.
(0) "Regional Distribution Center Facility" means buildings and structures, including
fixed machinery and equipment, used or to be used primarily to receive, store,
service or distribute goods or materials owned by the facility operator where a
majority of the goods or services are distributed to points outside the city.
(P) "Regional Entertainment Facility" means buildings and structures, including fixed
machinery and equipment, used or to be used to provide entertainment through the
admission of the general public where the majority of users reside outside the city.
(q) "Regional Service Facility" means buildings and structures, including fixed
machinery and equipment, used or to be used to service goods where a majority ofthe
goods being serviced originate outside the city.
(r) "Research Facility" means building and structures, including fixed machinery and
equipment, used or to be used primarily for research or experimentation to improve or
develop new tangible goods or materials or to improve or develop the production
processes thereto.
(s) "Research and Development Facility" means buildings and structures, including
fixed-in-place machinery and equipment, used or to be used primarily for research or
experimentation to improve or develop current technology in biomedicine, electronics
or pre-commercial emerging industries.
Section 66-142. ABATEMENT AUTHORIZED
(a) Authorized Facility. A facility may be eligible for abatement if it is a: Manufacturing
Facility, Research Facility, Regional Distribution Center Facility, Regional Service
Facility, Regional Entertainment Facility, Research and Development Facility or
Other Basic Industry.
(b) Creation of New Value. Abatement may only be granted for the additional value of
eligible real property (including fixed-in-place machinery and equipment) listed in an
abatement agreement between the City and the property owner and lessee (if
required), subject to such limitations as City Council and the property tax
code may require.
(c) New and Existing Facilities. Abatement maybe granted for new facilities, the
expansion of existing facilities, or the improvement to existing facilities having the
-5-
effect of improving current environmental conditions.
(d) Eligible Property. Abatement may be extended to the value of buildings, structures,
fixed machinery and equipment, site improvements plus that office space and related
fixed improvements necessary to the operation and administration of the facility. The
value of all property shall be the Certified Apprai~ed Value for each year, as finally
determined by the County Appraisal District ("HeAD").
(e) Ineligible Property. The following types of property shall be fully taxable and
ineligible for abatement: land; inventories; supplies; tools; furnishings, and other
forms of movable personal property; vehicles; vessels; aircraft:; housing; hotel
accommodations; deferred maintenance investments; property to be rented or leased
(except as provided in the Section 66-142(f), "Owned/Leased Facilities");
property which has an economic life of less than 15 years; property owned or used
by the State of Texas or its political subdivisions or by any organization owned,
operated or directed by a political subdivision of the State of Texas, or any
property exempted by local, state or federal law . When such exempted property
includes manufacturing machinery and equipment listed in the Investment
Budget (as required in Section 3, "Application"), then the value of such property
may not be included toward the achievement of the investment or valuation thresholds
set out in the Tax Abatement Agreement.
(f) Owned/Leased Facilities. If a leased facility is granted abatement the agreement shall
be executed with the lessor and the lessee.
(g) Value and Term of Abatement. A tax abatement shall be granted in accordance with
the terms of a Tax Abatement Agreement, as follows:
1. Either with the January 1st valuation date immediately following the date of
execution of the agreement or a subsequent January 1 st valuation date not more
than three years after execution of a tax abatement agreement, but not beyond
the completion of construction. Projects are eligible for abatement of new
value, subject to an abatement cap: to be calculated as $1,000,000 per job
created/retained times the number of such jobs as required in the abatement
agreement. Such cap shall not exceed the increased value requirement as set out
in the abatement agreement, and will be adjusted annually (as set out in Section
66-142 (j), "Taxability"). Under no circumstances will any facility be granted the
benefit of a tax abatement for longer than ten (10) years. Value subject to abatement must remain greater than or equal to the contractually-defined "Minimum Value
Requirement. "
To determine the amount of each year's exemption, the adjusted cap shall be multiplied by
a sliding scale as follows:
-6-
Year Abated
Percentage of Value for Proiects
Creating or Maintaining a Minimum
of25 Full-time Employees
100%
80%
60%
40%
20%
Percentage of Value for Proiects
Creating or Maintaining a Minimum
of lO Full-time Employees
50%
40%
30%
20%
10%
1-3 Including Construction
4
5
6
7-10
2. No tax abatement shall be given in any year in which the facility fails to meet
The contractually defined "Minimum Value Requirement."
3. All Tax Abatement Agreements shall set out in detail the exact method to be
used in computing each year's exemption.
4. No tax abatement shall be given in any year in which the facility fails to meet
the employment minimum set forth in Section 66-142(h), "Basic Qualifications for
Tax Abatement."
(h) Basic Qualifications for Tax Abatement. To be eligible for designation as a
reinvestment zone and receive tax abatement the planned improvement:
1. must be shown to increase the assessed value of the property at least $1.0
million upon completion of the contractually-defined "Construction Period;"
2. must be shown to directly create or prevent the loss of permanent full-time
employment for at least 10 people within the reinvestment zone upon completion of
the contractually-defined "Employment Period;"
3. mustbe shown not to solely or primarily have the effect of transferring
employment from one part of City to another.
4. the City may, at its discretion, take into account alternative or competing site
information provided with the application for tax abatement.
(i) Research and Development Projects. If the planned project improvement is for a
research and development facility, in order to be eligible for tax abatement the
planned improvement:
1. must be reasonably expected to increase the value of the property by a
minimum amount of $500,000 upon the completion of construction, and
2. must be expected to create permanent employment for at least five people on a
permanent basis in the designated zone, provided that this employment
qualification shall take effect no more than two years after the effective date of
the agreement and continue through the term of the agreement. The abatement
period shall not exceed five years from the effective date of abatement and the
percentage of value to be abated shall be up to 100 percent of new value
throughout the abatement period, subject to a maximum abatable new value of
-7-
$1,000,000 per job created/retained.
(j) Taxability. From the execution of the abatement to the end of the agreement period,
taxes shall be payable as follows:
1. value of ineligible property (as provided in Section 66-142 (e), "Ineligible
Property,") shall be fully taxable;
2. the non abatable real property within the reinvestment zone shall be fully
taxable each year;
3. additional value of new eligible property shall be taxable in the manner
described in Section 66-142 (g), "Value and Term of Abatement;"
4. when due to the employment formula (as described in Section 66-142 (g), ''Value
and Term of Abatement,"), the maximum amount eligible for abatement (''the cap")
is less than the total value of the new facility, the amount of the cap will be
reduced each year at the same rate as the taxable improvements are reduced in
value from the previous year's value; and
5. each year's exemption will be computed by HCAD in the following manner:
(a) The Base Property Value will be the current value of all real property
plus fixed~in-place machinery and equipment within the zone that is
not subject to abatement. .
(b) The Base Year Value will be subtracted from the value of the Abated
Property plus the Base Property Value, the result to be called Current
Amount Eligible for Abatement. In no case can this amount exceed the
cap set out in the abatement contract.
(c) The Current Amount Eligible for Abatement is then multiplied by
the abatement schedule set out in section 66-142 (g) to
determine the amount of each year's exemption.
(k) Environmental and Worker Safety Qualification. In determining whether to grant
a tax abatement, consideration will be given to compliance with all state and federal
laws designed to protect human health, welfare and the environment ("environmental
laws") that are applicable to all facilities in the State of Texas owned or operated by
the owner of the facility or lessee, its parent, subsidiaries and, if a joint venture or
partnership, every member of the joint venture or partnership ("applicants").
Consideration may also be given to compliance with environmental and worker safety
laws by applicants at other facilities within the United States.
Section 66-143. APPLICATION
(a) Timely application: Any current or potential owner or lessee oftaxable property in
- 8 -
City must request a tax abatement by filing a completed application with the City prior to any
public expression of a siting decision or any commitment (legal or financial) to the proposed
project.
(b) A complete application package for consideration of a tax abatement shall consist of:
· a completed City Application form;
. a completed narrative prepared in accordance with the template provided with
the City Application and its instructions;
. an "Investment Budget" detailing components and costs of the real property
improvements and fixed-in-place improvements for which tax abatement is
requested~ including type, number, economic life, and eligibility for a tax
exemption granted by the Texas .commission on Environmental Quality
("TCEQ") (ifknown);
· a map and legal description of the property;
· a time schedule for undertaking and completing the proposed improvements;
· a ten-year environmental and worker safety compliance history for all facilities
located within the State of Texas and owned in whole or in part by applicants (as
defined in Section 66-142(k), "Environmental and Worker Safety Qualification");
· a copy of the evaluation of competing locations, as described in Section 66-141,
"Definitions,"
· information pertaining to the reasons that the requested tax abatement is
necessary to ensure that the proposed project is built in City (i.e., documentation
supporting assertion that "but for" a tax abatement, the stated project could
not be constructed in City);
· copies of the immediately preceding quarterly report(s) filed with the Texas
Workforce Commission, documenting the current number of permanent full-
time employees, and full-time Contractor employees, if any, at the time the
application is submitted;
· financial and other information, as the City deems appropriate for evaluating
the financial capacity and other factors of the applicant;
· certification prepared by City Tax Assessor-Collector stating that all
tax accounts within City are paid on a current basis;
· for a leased facility, the applicant shall provide with the application the name
and address of the lessor and a draft copy of the proposed lease, or option
contract. In the event a lease or option contract has already been executed with
owner of site, the document must include a provision whereby abatement
-9-
applicant may terminate such contract without penalty or loss of earnest money,
in the event that City does not grant a tax abatement.
( c) Upon receipt of a completed application, the City shall notify in writing and
provide a copy ofthe application to the presiding officer of the governing body of
each eligible taxing jurisdiction.
(d) After receipt of an application for creation of a reinvestment zone and application for
abatement, the City shall determine whether the application qualifies for a tax
abatement under the terms of these guidelines and criteria. Such determination may
be delegated to an employee or City department. If it is determined that an
application qualifies for abatement, it shall be recommended to the City Council
that the applicant be notified in writing that subject to a public hearing, if applicable,
and approval of a contract by City Council, the project qualifies for abatement.
(e) The City shall not establish a reinvestment zone or enter into an abatement
agreement if it finds that the request for the abatement was filed after the
commencement of construction, alteration, or installation of improvements related to
a proposed modernization, expansion or new facility. Property eligible for abatement
includes only the new improvements that occur after the completion of an abatement
agreement with City.
Section 66-144. PUBLIC HEARING AND APPROVAL
(a) The City Council may not adopt an ordinance designating a reinvestment
zone for the purposes of Considering approval of a tax abatement until it has held a public
hearing at which interested persons are entitled to speak and present evidence for or
against the designation. Notice of the hearing shall be clearly identified on the City
Council agenda at least 10 days prior to the hearing. The presiding officers of
eligible Jurisdictions shall be notified in writing at least 7 days prior to the hearing.
(b) At the public hearing, interested persons shall be entitled to speak and present written
materials for or against the approval of the proposed project or tax abatement agreement.
( c) In order to enter into a tax abatement agreement, the City Council must find that
the terms of the proposed agreement meet these Guidelines and Criteria and that:
1. there will be no substantial adverse effect on the provision of the
jurisdictions' service or tax base; and
2. the planned use of the property will not constitute a hazard to public safety,
health or morals.
Any variance to these guidelines must be approved by a vote of at least three-fourths (3/4)
of the City Council.
- 10-
Section 66-145. AGREEMENT
After approval the City shall formally pass an ordinance and execute an agreement with the
owner of the facility and lessee as required which shall include:
(a) estimated value to be abated and the base year value;
(b) percent of value to be abated each year as provided in Section 66-142 ("Abatement
Authorized);
(c) the commencement date and the termination date of abatement;
(d) the proposed use of the facility; nature of construction, time schedule, survey,
property description and improvement list;
(e) contractual obligations in the event of default, violation of terms or conditions,
delinquent taxes, recapture, administration and assignment as provided in Section 66-142
("Abatement Authorized"), Section 66-146 ("Recapture"), Section 66-147
("Administration"), and Section 66-148 ("Assignment"), or other provisions that may be
required for uniformity or by state law;
(f) amount of investment, increase in assessed value and number of jobs involved, as
provided in Section 66-142 ("Abatement Authorized");
(g) a requirement that the applicant annually submit to HCAD and City, a January
employee count for the abated facility which corresponds to employment counts
reported in the facility's Employer's Quarterly Report to the Texas Workforce
Commission for the quarter most recently ended at calendar year-end, and a separate
notarized letter certifying the number of jobs created or retained as a direct result of
the abated improvements. and the number of employees in other facilities located
within the City and the compliance with the environmental and worker safety
requirements in the agreement-for the preceding calendar year, for as of January 1.
Submission shall be used to determine abatement eligibility for that year and shall be
subject to audit if requested by the governing body. Failure to submit will result in the
ineligibility to receive an abatement for that year; and
(h) A requirement that the owner or lessee will (a) obtain and maintain all required
permits and other authorizations from the United States Environmental Protection
Agency and the TCEQ for the construction and operation of its facility and for the
storage, transport and disposal of solid waste; and (b) seek a permit from the TCEQ
for all grandfathered units on the site of the abated facility by filing with the TCEQ,
within three years of receiving the abatement, a technically complete application for
such a permit.
(i) Amount of investment and total permanent employees to be retained or created
and total full-time equivalent jobs to be retained or created.
- 11 -
. 0
G) A requirement that the company, on or before February 1 of each year the tax
abatement agreement is in effect, provide the director a sworn statement that includes
a delineation of the number of permanent employees, contract employees and part-time
employees of the applicant company as of the immediately preceding January 1, who
report to work in the reinvestment zone at each site covered by the agreement.
(k) A requirement that the company annually file the Form 111.28 with the appropriate
County appraisal district to qualify for the abatement.
(1) Limit the uses of the property consistent with the general purpose of encouraging
development or redevelopment of the zone during the period that property tax
exemptions are in effect.
(m) Contain each term agreed to by the owner of the property.
(n) Require the owner of the property to certify annually to the governing body of each
taxing unit that the owner is in compliance with each applicable term of the agreement.
(0) Provide that the governing body of the municipality may cancel or modify the
agreement if the property owner fails to comply with the agreement.
Such agreement normally shall be executed within 60 days after the applicant has forwarded
all necessary information and documentation to the City
Section 66-146. RECAPTURE
(a) If the facility is completed and begins producing product or service, but subsequently
discontinues producing product or service for any reason for a period of 180 days
during the abatement period, or one year in the event of natural disaster, then the
agreement shall terminate and so shall the abatement of the taxes for the calendar year
during which the facility no longer produces. The taxes otherwise abated for that
calendar year shall be paid to the City within sixty (60) days from the date of
termination. The company or individual shall notify the City in writing at the address
stated in the agreement within ten (10) days from any discontinuation, stating the
reason for the discontinuation and the proj ected length of the discontinuation. If the
City determines that such requirement has not been complied with, the agreement
may be terminated immediately and all taxes previously abated by virtue of the
agreement may be recaptured and paid within sixty (60) days of the termination.
(b) If the company or individual is in default according to the terms and conditions of its
agreement, the company or individual shall notify the City in writing at the address
stated in the agreement within ten (10) days from the default, and cure such default
within sixty (60) days from the date of the default ("Cure Period"). If the City
determines that such requirement has not been complied with, the agreement may be
terminated immediately and all taxes previously abated by virtue of the agreement
may be recaptured, together with interest at 6% per annum calculated from the
effective date of the agreement and paid within sixty (60) days of the termination. If
- 12 -
. .
the City does not receive full payment within said sixty (60) days, a penalty may be
added, equal to 15% of the total amount abated.
(c) If the company or individual allows its ad valorem taxes owed the City to become
delinquent and fails to timely and properly follow the legal procedures for its protest
and/or contest, the agreement then may be terminated, and all taxes previously abated
by the agreement may be recaptured and paid within sixty (60) days of the
termination, and penalties and interest may be assessed as set out in Section 66-146
("Recapture").
Section 66-147. ADMINISTRATION
(a) The Chief Appraiser of the County annually shall determine an assessment of the real
and personal property comprising the reinvestment zone. Each year, the company or
individual receiving abatement shall furnish the assessor with such information as
may be necessary for the abatement. Once value has been established, the Chief
Appraiser shall notify the affected jurisdictions, which levies taxes of the amount of
the assessment.
(b) The agreement shall stipulate that employees and/or designated representatives of the
City will have access to the reinvestment zone during the term of the abatement to
inspect the facility to determine if the terms and conditions of the agreement are being
met. All inspections will be made only after giving twenty-four (24) hours prior
notice and will only be conducted in such manner as to not unreasonably interfere
with the construction and/or operation of the facility. All inspections will be made
with one or more representatives of the company or individual and in accordance with
the facility's safety standards.
(c) Upon completion of construction, the City or the jurisdiction creating the
reinvestment zone annually shall evaluate each facility receiving abatement to ensure
compliance with the agreement and report possible violations to the contract and
agreement to the City Council and the City Attorney and the affected jurisdictions which
levy taxes.
Section 66-148. ASSIGNMENT
A tax abatement agreement may be assigned to a new owner or lessee of a facility with the written
consent of the City Council, which consent shall not be unreasonably withheld. Any assignment
shall provide that the assignee shall irrevocably and unconditionally assume all the duties and
obligations of the assignor upon the same terms and conditions as set out in the agreement. Any
assignment of a tax abatement agreement shall be to an entity that continues the same improvements
or repairs to the property (except to the extent such improvements or repairs have been completed),
and continues the same use of the facility as stated in the original Tax Abatement Agreement with
the initial applicant. No assignment shall be approved if the assignor or the assignee is indebted to
the City for past due ad valorem taxes or other obligations.
- 13 -
Section 66-149. SUNSET PROVISION
(a) These Guidelines and Criteria are effective February 14, 2005, and will remain in force until
January 31, 2007, at which time all tax abatement contracts created pursuant to these provisions
will be reviewed by the City to determine whether the goals have been achieved. Based on
that review, the Guidelines and Criteria will be modified, renewed, or eliminated.
(b) This policy is mutually exclusive of existing Industrial District Contracts and owners
of real property in areas deserving of special attention as agreed by the affected
jurisdictions.
Section 66-150. LIMITATIONS
The adoption of the guidelines and criteria by the city council of the City of La Porte
does not:
(1) Limit the discretion of the city council of the City of La Porte to decide
whether to enter into a specific tax. abatement agreement;
(2) Limit the discretion of the city council of the City of La Porte to delegate to its
employees the authority to determine whether or not the governing body should
consider a particular application or request for tax abatement; or
(3) Create any property, contract, or other legal right in any person to have the city
council of the City of La Porte consider or grant a specific application or request for
tax abatement.
Section 66-151. NONAPPLICABLE AREAS; EXCEPTION
The city council of the City of La Porte hereby establishes the policy of the City of La Porte,
that tax abatement agreement applications will not be accepted for areas within the any existing
Industrial District or Tax Increment Reinvestment Zone of the City of La Porte or any Industrial
District or Tax Increment Reinvestment Zone, which may be created. However, as to any portion of
such areas which are not within the corporate limits of the City of La Porte, Harris County
Commissioners Court may establish tax abatement agreements for the benefit of itself, and taxing
units other than the City of La Porte having jurisdiction over said area.
Section 2. The City Council officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall ofthe City for the time required by
law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas
Government Code; and that this meeting has been open to the public as required by law at all
- 14-
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.
PASSED AND APPORVED this 14th day of February, 2005.
CITY OF LA PORTE
BY.~'?~
Alton E. Porter
Mayor
ATTEST:
V/{tlJIU- oJIllJ.iuJ '4-11J
Martha A. Gillett
City Secretary
APPROVED.: ~
~.'
Knox W. Askins
City Attorney
- 15 -
EXHIBIT
"B "
\
EXHIBIT "B"
,
Application for Tax Abatement
-La Porte, Texas-
Prior to any public expression of a decision or any commitment (legal or financial) to the proposed project by applicant, a
completed original of this application, including supporting documentation of competitive siting and narrative impact statement,
must be submitted to the City of La Porte, 604 West Fairmont Parkway, La Porte, TX 77571. This application will become part
of the Tax Abatement Agreement and any knowingly false representations will be grounds for terminating the application
and/or voiding the agreement. The City will forward copies to other taxing jurisdictions, as may be required by Texas statute.
PART I - APPLICANT INFORMATION Application Date 03 I 30 I 06
Company Name: P ACKWELL. INC.
Headquarters Address: 3401 Navigation Blvd. Houston Texas 77003
Local Address: same as above Annual Sales: $9,156.000
Local Phone: 713-223-1100 Years in City of La Porte: -0-
Total All Employees Worldwide: 50 Employees in La Porte at Present: -0-
Attach description of Applicant Company, including brief history, corporate structure, financial statement, & annual report:
PART II - PROJECT INFORMATION
Location Address: 10016 Porter Road
Houston TX 77571
City:
La Porte. TX
School District:
La Porte ISD
Legal Description*:
College District: San Jacinto
County: Harris
Tax Acct. Numbers:
* Attach plat survey, with a metes & bounds description, for project site.
Project Description:
[R] New Construction
o Expansion
Attach statement fully explaining project, describe existing site and all proposed improvements, and provide "Investment Schedule"
detailing improvements for which abatement is requested
Section A - Economic Development
Type of Facility:
[8] Manufacturing
o Regional Entertainment
o Regional Distribution
o Research & Development
o Regional Service Center
o Other Basic Industries
Describe product or service to be provided:
Plastic Packaging. Distribution and Logistics
For ref!ional facilities. provide market studies. business plans. or other materials demonstratinf! that the facility will serve a primary market
which lies outside of La Porte.
Section B - Variance
Is the applicant seeking a variance to Guidelines? lRI Yes DNo
If "yes" attach letter requesting and justifying the variance, with supplemental information.
Application - Page 1 of 2
...
, '"
~ PART III - ECONOMIC INFORMATION
Construction Estimate: (Construction start date is tentative)
Start Date 04 / 03 /06 Contract Amount $11.003,411.47
Completion Date 03 / 31 / 07 Peak. Construction Jobs: provided by Contactor and sub-contractor(s)
If Modernization:
Estimated current economic life of structure
Added economic life from modernization
n/a
n/a
years
years
Permanent Job CreationlRetention in La Porte:
. Current employment in LaPorte: 0
. Jobs to be Retained in LaPorte 0
. Jobs to be created within 3 years from contract inception (by Jan. 1,2009) 50
Estimated Appraised Value On Site Land Improvements Total
Value on January 1 preceding abatement 1,428,468.70 ' 1,428',468:70
Estimated value of new abatable investment N/A 10,917,688.72 10,917,688.72
Estimated value not subject to abatement (e.g., Inventory) 1,428,468.70 1,428,468.70
Estimated value of property subject to ad valorem tax at
end of abatement
Company Representative to be Contacted:
Name:
Manny Chupungco
Authorized Signature:
Title:
Assistant to the President
Name (please print):
AL DURAN
Telephone: 713-223-1100 Ext. 210
Title:
President
Application - Page 2 of 2
March 30, 2006
City of LaPorte
604 West Fairmont Parkway
La Porte, TX 77571
RE: REQUEST FOR VARIANCE
Dear SirlMadam:
Relative to our application for tax abatement, we would like to seek a
variance to the Guidelines and Criteria for Granting Tax Abatement in Harris
County as adopted by the Commissioners Court.
Packwell envisions a one-year timeline to finish the c~:)llstruction of this
project. We have started planning this project since August 2005. However due
to series of delay attendant to the planning stage, we are already delayed in. our
projected timeline. Our current lease contract in Navigation facility is expiring on
April 30,2007, and we would like to move in to our projected facility in LaPorte
after the expiration of the said lease and completion of the construction. On this
regard, we would like to start the construction immediately after a public initial
hearing by the applicable taxing jurisdictions and after.it is determined that our
. -
application qualifies for abatement, if so allowed. Without the variance, we feel
that the construction on the new facility would not be completed on or before
April 30, 2007.
Your favorable action on the matter is high appreciated.
i!;~
IfInURAN
President
Plastics Packaging & Distribution Services 1
3401 Navigation Blvd. Houston, Texas 77003 Tel:713 - 223 -1100 Fax:713 -
223 -1133 www.packwe!l.com
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ASST. U;--\" i'h\N/\GER
OFFiCE
P ACKWELL, INC.
APPLICATION FOR TAX ABATEMENT
I. Introduction of the Company:
Packwell is engaged in providing plastic resin packaging services to leading companies in a
variety of industries. Packwell, a Texas based corporation, was founded in May 1986, and is
located at 3401 Navigation Blvd., Houston Texas 77003. Currently, Packwell employs
approximately 50 individuals and reported 2005 revenues in excess of$ 9,156,000.00.
Packwell provides a logistics center with superior quality and service to its clients at competitive
market rates.. The company's extensive railcar packaging experience keeps customer's costs
low while packaging with accuracy and accountability. Packwell' s capacity of packaging is
4,500,000 Ibs per day including railcar packaging into valve bags, sewn open mouth bags, boxes,
sea bulk containers, and jumbo sacks.
Packwell's Navigation facility is located on 12 acres of land, has two (2) buildings with a
combined 322,927 square feet and an office building with 7,000 square feet, more or less.. This
facility is primarily engaged as the main headquarters of Packwell operations as well as the
packaging operation in Export and Domestic shipping as well as railcar, sea-bulk, bulk-truck,
and hopper van order processing. In addition to the facility on Navigation, there is a 136,000
square foot warehouse facility on Wallisville Road, Houston Texas 77046, housing two (2)
packaging lines of Pack well's for the same kind of operation as engaged in at the Navigation
Facility.
With extensive railcar packaging experience, and the quality service and support its employees
demonstrated through the years of operation to the full satisfaction of well retained clientele,
Packwell is already a sizeable operation and plans are for it to grow bigger and stronger in the
near future.
As a legal entity, Packwell is represented by its chief officer, Al Duran, President.
II. Reason for Seeking Abatement:
A tax abatement is being requested from the City of La Porte and Harris County in order to offset
some of the costs of constructing a new packaging and distribution facility. Packwell is in an
industry that is extremely competitive, with low profit margins and therefore incentives are a
very critical component of Packwell's location decision. Packwell is a fast-growing business
entity currently in search of an acceptable and attractive site to build its new facility and/or
transfer its main headquarter operation
Plastics Packaging & Distribution Services
3401 Navigation Blvd. Houston, Texas 77003 Te/:713 - 223 - 1100
Fax:713 - 223 -1133 www.packwell.com
III. Project Proposal:
With Packwell's business constantly growing, it has now become obvious that the company
must establish an additional facility wholly or partly owned by Packwell. This new facility will
contain state of the art packaging equipment and modem technologies. Its primary objective is
to package a capacity of 7,000,000 lbs per day to better serve Packwell's customers in the
plastic resin industry.
To materialize this objective, Packwell. is contemplating the acquisition approximately 20
acres of land in the City of La Porte, Harris County, more specifically described as the 10016
Porter Road, La Porte, Texas. An offer has been made on this property with the condition that
if the tax abatement is not granted the contract can be voided. Additional information regarding
the address, legal description, school and college district and the tax account numbers can be
found in the attached application for tax abatement.
The building we would design is approximately 423,660 square feet with 7,000 square feet of
it being office. It will have an eave height of 24' and will have approximately 140 dock high,
overhead doors. The building will have a standing seam metal roof with tilt wall panels
and will have an ESFR sprinkler system throughout. In addition to the building, we will
propose building a three (3) acre truck parking lot on adjacent land. We are also planning to
lay on the proposed property new rail spurs and rail line of approximately 8,000 linear feet that
can accommodate 120 railcars. In furtherance of our operations, we desires to install and bring
in modem equipments into the new proposed building. Please see the table below for our
proposed budget on those new equipments...
"Fixed in-place Equipment" Quantity of Units Appraised Value
Bagger 1 $250,000
Palletizers 3 $750,000
Total Abatable Equipment $1,000,000
Attached to this application labeled "Construction Budget" and "Budget Recap" which are
hereto attached and marked as Exhibit A and B, respectively, are the summary of the
expenditures expected as the result of this project. While these are budgetary proposal, it is
expected that the actual costs will not vary much from the values presented.
It is expected that from start to finish the land development, site preparation, construction of the
buildings and finishing of the offices, warehouse and refurbishing facility will take
approximately nine months. From the completion of the land acquisition to the start of
construction, it is estimated the planning cycle will take approximately three months. Therefore,
Packwell envisions a one-year timeline, if all goes smoothly, after the Tax Abatements have
been granted..
Packwell has always prided itself on being an environmentally conscious organization and its
current project will be no exception. It will create a workplace setting that will be
enviroll..lllentally friendly, pleasing to the eye and efficient. The new facility will not generate
2
any specific type of waste in large quantities, emit pollutants into the air nor create excessive
noise at anytime. Packwell is not aware of any wetlands being involved in this area and
anticipates the construction of a more than adequate holding pond to accommodate any storm
water run-off. Packwell has no history of environmental compliance issues.
At this time, there are no other governmental assistance or incentive programs contemplated to
aid in this project.
IV. Employment Opportunities:
Packwell has 50 full time employees at its current facility. It is expected that these core number
of employees would certainly be retained. In most likelihood, over the next three years, more
full time, permanent positions would be created as the result of Pack well's expansion project.
EMPLOYEE NAME
ZIP CODE
/
Abner Robinson
Alexandro Zamora
Alfredo Hernandez
Arcos Eliberto
Arlen Garcia
Armando Corona
Arnaldo Cas co
Atenogenes Penaloza
Carlos Ortega
Christa Riojas
Cynthia Nicolas
Darren Frederick
Donald Liccialdo
Delfino Guzman
Edgar Emmanuel Sosa
Edward Campbell
Elisabeth Kinne
Eustacio Rodriguez
H. DeI Heater
Herberto Torres
Isidro Arias
Jaime G. Encino
Jason Holubec
Johnny Mitchell
Jose kennedy
Jose Galindo
Jose L. Hernandez
Jose Quinteros
Juventino Alvarez
77076
77087
77011
77003
77003
77049
77039
77011
77055
77003
77571
77373
77388
77003
77081
77004
77057
77011
77573
77087
77081
77003
77345
77077
77004
77003
77011
77015
77003
3
, .
Kenneth Richard
Kimberly Foster
Komi Guidiglo
M Ameen Ispahany
Mike Valenzuela
Manuel Chupungco
Marliyn Folkes
Marlo Hoffinan
Mark Lanier
Mary New
Michael McGee
Modesto Ramos
Myrna Acevedo
Sergio Vasquez
Syed A. Rizvi
Ramiro Osoria
Rigo berto Garcia
Ross Selvaggi
Rufino Penaloza
Veronica Castaneda
Walter Lewis, Sr.
77546
77562
77074
77083
77345
77007
77034
77547
77016
77015
77015
77026
77017
77016
77083
77016
77093
77027
77026
77089
77015
The entire construction and land preparation for this project will be performed by local
subcontractors, and at this time, there is no way to estimate how many will be employed or how
many construction jobs are to be created by this project. However, in a big project such as this,
it can be safely assumed that there will be all of the usual trades utilized.
V. Competition with Local Business:
At present, there are only two companies in the area that are engaged in similar business with
Packwell, namely: EXBL Logistics and Katoen Natie Gulf Coast, Inc.
To our knowledge, these two aforementioned companies have been accorded tax incentives for
putting up their facility within the local territorial jurisdiction of Harris County. To level the
playing field, and in order to squarely enhance the business opportunities of Packwell, a similar
tax incentive package is being sought for this project. Abatement incentive would help in
keeping Packwell' s costs competitive and would provide adequate and efficient rendition of
quality services to their customers.
VI. How will this project attract new Business:
At present, Packwell is transacting business in the procurement of its packaging supplies, office
supplies and warehouse supplies with several regular suppliers who will surely be attracted to
the new area. It is highly anticipated that many trucking companies and/or carriers who are
currently doing business with Packwell in transporting the container and/or vans will consider
the City of La, Porte and Harris county as their marketing locations for future expansions.
4
VII. Alternative Site Considerations.
Packwell has attractive alternatives for this project. Packwell's selection committee members
are seriously looking at a 15,000 acre park known as Cedar Crossing Business Park situated in
Chambers County. It offers tax abatements, workforce training funds and financing for
infrastructure development and site improvements. Its location provides direct easy passage to
the Port of Houston's Barbour's Cut Terminal and the world's largest concentration of
petrochemical, manufacturing, and research facilities. Also being considered as a site alternative
is the WorldPort Logistic Center located in Liberty County. Its plastic resin storage site has the
capacity of up to 6,000 hopper cars on-site at any given time which is ideal for Packwell's
packaging operation. . Moreover, Liberty County also offers several strong incentives to set
up Packwell's new facility in their territorial jurisdiction In both locations, the respective local
authorities have offered enhancements similar to or greater than what is being offered in Harris
County. These two (2) locations provide an alternative to Harris County that must be seriously
considered. Without the City of La Porte and Harris County tax abatements, there would be a
strong tendency for Packwell to relocate its facility either in Liberty or Chambers County.
VIII. Purchase Agreement:
Packwell has entered into an option to lease and/or purchase the land indicated above. This
agreement is contingent upon receiving the tax abatement being applied for and if the tax
abatement were approved, we would move immediately and aggressively to closing on this
property.
5
Packwell- La Porte TX.
Tenative Construction Schedule
, 3/9/06
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-"-9-"-- i Layout, Form & Pour Panels 30 days Thu 9/7/06! Wed 10/16/06 i 8 I I
-.-:f~r- \ Layout, Form & ~our Paving 45 days Thu9/7/061' Wed 11/8/06 i 8 I I
'''--Ie)'''-- : Panel Curing Time 6 days Thu 10/19/06 i Thu 10/26/06!.9 1
'''''''''1''1''- i Till-Wall Panel Erection 20 days Fri 10127/06 i Thu 11/23/06 : 10 I I
''''':'1 f- .. ~,.i Interior Color Selecllons 1 day Fri 11/24/06 ; Fri 11/24/06 ; 11 I I
""-~13"'" "TSteel Bliild~ng &:-RoofEredion-' 35' days ....Fri.1' 1124i06' ~ . ""thu"1't1'1iof;'1 f' '" ". I
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External Tasks
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Project: PackweU
Date: March 9, 2006
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Progress
Project Summary .ijIl1J~.~'-" 11' u.
Page 1
City of La Porte
Established 1892
April 12, 2006
Mr. Manny Chupungco, Asst. to the President
Packwell, .Inc.
3401 Navigation Blvd.
Houston, TX 77003
Dear Mr. Chupungco:
This is to advise you that we are in receipt of your Application for Tax Abatement,
" I have distributed the application and request for variance to the appropriate staff for review.
During a cursory review of the application I noticed the to~ :uumber of Packwell employees was listed at 50.
lt was inferred, although not specifically clear, that the number of employees at the proposed site would also
be 50. Would you please confIrm for us the number of full-time Packwell employees projected for this
proposed site?
We will contact you later regarding your application. In the meantime, if you have any questions, please do
not hesitate to call me at 281.470.5012.
JJ/ml
c: Debra Mostert, Greater Houston Partnership
Debra B. Feazelle, City Manager
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
, - -' ," - ,
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April 17, 2006
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I APR 20 2006 I~I
.':. L---------J J
",1. ASST. CITY MANAGER '
"? ,. OFFICE
Mr. John Joems
Assistant City Manager
City of La Porte
604 W. Fairmont Pkwy.
La Porte, Texas 77571
Dear Mr. Joems:
We sincerely appreciate your effort III giving due consideration to our tax
abatement application.
If our tax a,batement application is granted, we intend to retain the 50 full time
employees we presently have at our current facility. In the event some of our employees
would decide not to go with us at the proposed site due to distance and/or other reasons,
Packwell will repl:;tce. them and hire new ,employees,. most preferably. those r{(siding near
the reinvestment zone. We hereby reiterate our commitment to employ, at a minimum,
50 full time employeesat the proposed site, and in most likelihood, hire more employees
as our operation may dictate
If YOl1.h~ye'anY questions, I would be glad to hear from you. You can reach me
anytime at 713,.~24-0324.
Respectfully yours,
4<
/
. Chupungco
t to the President
Cc: Debra Mostert. Greater Houston Partnership
Debra B. Feazelle, City Manager
Plastics Packaging & Distril:m~ion Services
3401 Navigation Blvd. Houston, Texas 77003 Tel:t13-:' 223 -1100 Fax:713 - 223 -1133
www.packwell.colTl_
City of La Porte
Established 1892
June 9, 2006
Mr. Al Duran, President
Packwell Plastics Packaging & Distribution Services
3401 Navigation Blvd.
Hou&on,Texas77003
Dear Mr. Duran:
On May 8, 2006 the La Porte City Council approved creation of the City of La Porte
Reinvestment Zone'''B''- "Packwell, Inc." The City Council also approved an early start
variance for Packwell on May 8, 2006. The approved minutes from that meeting are
enclosed.
On May 25,2006, the site plan for the proposed building was approved and.on
June 6, 2006 an approved building pemiit was picked up by Clay Development.
At this time you may proceed with construction wIthout any penalty related to the
propos<?d Tax Abatement Agreement with the City of La Porte.
J
Although the early start variance is at risk '\lD.til the Tax AbateInent Agreement is
approved, I do not anticipate any issues with the Council's eventual approval targeted for
June 26, 2006.
The staff reviewing the Tax Abatement Application should be contacting you soon to
review and confirm various items related to 'the application and agreement. .
We welcome you to the cominunity and look forward to your success.
Enclosure
c: Mayor and City Council
Debra B. Feazelle, City Manager
Cynthia Pearson, Assistant ,City Manager
604 W. Fairmonf Pkwy. · La Porte, Texas 77571 · (281) 471-5020
MINUTES OF REGULAR MEETING, PUBLIC HEARING AND WORKSHOP MEETING
OF THE LA PORTE CITY COUNCIL
May 8,2006
1. CALL TO ORDER
The meeting was called to order by Mayor Alton Porter at 6:01 p.m. .
Members of City Council Present: Mayor Alton Porter, Council members Tommy Moser,
Mike Clausen, Louis Rigby, Howard Ebow, Ba.rrY Beasley, Peter Griffiths and Chuck
Engelken.
Members of Council Absent: Mike Mosteit
Members of City Executive Staff and City Employees Present: Assistant City Manager John
Joems, Assistant City Attorney Clark Askins, Public Works Director Steve Gillett, Planning
Director Wayne Sabo, Fire Chief Mike Boaze, EMS Chief Ray Nolen, Assistant City
Secretary Sharon Harris, , City Secretary Martha Gillett, Assistant Fire Chief John Dunham,
Fire Marshal Cliff Meekins, Assistant Fire Marshal Eric Cadden, Assistmt Police Chief
Aaron Corrales, Purchasing Manager Susan Kelley and Assistant Finance Director Michael
Dolby.
Others Present: Sue Gail Kooken, Carol Christian of Houston Chronicle, Betty Waters,
Leon Waters; Michael Davis, Colleen Hicks, Ted Powell, Lanny COn1lell, Kelsey Kalen,
Krissy Bailey, Anthony Lopez and other citizens.
2. Michael Davis First Assembly of God of La Porte delivered the Invocation.
3. Mayor Porter led the Pledge of Allegiance.
4. PRESENTATIONS / PROCLAMATIONS
Mayor Porter presented a proclamation to Ray Nolen, Brian Dean, Scott Griffin, Jake Evans,
Darrel Fales and Rachel Ashley in honor of Emergency Medical Services Week.
5. Consent Agenda
A: Consider approving Minutes of the Regular Meeting, Public Hearing and Workshop
Meeting of City Council held on April 24, 2006.
B. Council to consider approval or other action :regarding awarding a bid fat concrete
paving raising.
C. Council to consider approval or other action regarding an ordinance to vacate,
abandon, and close the alley of block 242, Town of La porte.
D. Council to consider approval or other action regarding an ordinance to vacate,
abandon, and close the South "R" Street right-of-way, Town of La Porte.
E. Council to consider approval or other action regarding an ordinance to vacate,
abandon, and close the Park Avenue right-of-way, Town of La Porte.
City Council Regular Meeting, Public Hearing aud Workshop Meeting -May 8, 2006
Page 2
F. Council to consider approval or other action regarding an ordinance authorizing the
City Manager to execute an annual contract for sewer rehabilitation to Horseshoe
Construction, for sanitary sewer rehabilitation; appropriating $170,520.00 plus a
contingency of $3,473.00.
G. Council to consider approval or other action regarding a resolution on Texas Tax
Reform.
Councilmember Rigby had questions on item F.
Motion was made by Council member Beasley to approve the consent agenda as
presented. Second by Council member Rigby.
Motion carried.
Ayes: Beasley, Moser, Engelken, Rigby, Ebow, Clausen, Griffiths 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 TBE
AGENDA.
La Porte High School student Krissy provided Mayor and Comicil with an overview of the
T.RUT.H. Organization. The organization randomly drug tests students and provides
counseling to those who test positive. The program is very similar to D.A.RE.
7. Public Hearing - Council to consider taking action on an ordinance designating a 19.607 Ac
tract as La Porte Reinvestment Zone "B" "Packwell, Inc."
Open Public Hearing - Mayor Porter opened the Public Hearing at 6:16 p.m.
Review by Staff -Assistant City Manager John Joerns provided an overview on designating
a 19.607 Ac tract as La Porte Reinvestment Zone "B" Packwell, Inc."
Public Input: None
Recommendation of Staff- Staff recommended City Council consider approval of an
'ordinance designating a 19.607 Ac tract as La Porte Reinvestment Zone "B" ''Packwell,
Inc."
The Public Hearing was closed at 6:20 p.m.
*
; 8.
Council to consider approval or other action regarding Ordinance 2855.
Assistant City Attorney Clark Askins read: ORDINANCE 2855-AN ORDINANCE
AUTHORIZING THE DESIGNATION OF CITY OF LA PORTE REINVESTMENT
ZONE "B" - "P ACKWELL, INC."; MAKING VARIOUS FINDINGS OF FACT;
City Council Regular Meeting, Public Hearing and Workshop Meeting -May 8, 2006
Page 3
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion was made by Council member Beaslev to approve Ordinance 2855 as recommended
by Staff. Second by Council member Clausen. The motion carried.
Ayes: Beasley, Moser, Engeiken, Rigby, Ebow, Clausen, Griffiths and Mayor Porter.
Nays: None
Abstain: None
~
9.
. .
Council to consider approval or other action regarding a variance to allow construction of
improvements for a proposed manufacturing and plastics packaging and distribution facility
to be located at 10016 Porter Road, La Porte, Texas, to commence prior to the execution and
delivery of a Tax Abatement Agreement with Packwell, Inc. The variance is "at risk" and
does not commit or bind the City to approval of a Tax Abatement Agreement with Packwell,
. Inc.
Motion was made by Council member Griffiths to approve the variance to allow
construction of improvements for a proposed manufacturing and plastics packaging and
distribution facility to be located at 10016 Porter Road, La Porte, Texas, to commence prior
to the execution and delivery of a Tax Abatement Agreement with Packwell, Inc. as
presented by Mr. Joerns... Second by Councilmember Ebow. The:rnotion carried,
Ayes: Beasley, Moser, Engelken, Rigby, Ebow, Clausen, Griffiths and Mayor Porter.
Nays: None
Abstain: None
10. Public Hearing - Council to consider taking action on an ordinance amending Chapter 106
(Zoning) to amend section 106-268 of the Code of Ordinances.
Open Public Hearing - Mayor Porter opened the Public Hearing at 6:26 p.rn.
Review by Staff -Planning Director Wayne Sabo provided an overview on amendments to
the Code of Ordinances.
Public Input: None
Re.commendation of Planning & Zoning Commission- Unanimously, the Planning and
Zoning Commission recommended City Council consider approval of an ordinance
amending Chapter 106 (Zoning) to amend section 106-268 of the Code of Ordinances.
The Public Hearing was closed at 6:31 p.m.
11. Council to consider approval or other action regarding an ordinance amending Chapter 106
(Zoning) to amend Section 106-268 of the Code of Ordinances.
Assistant City Attorney Clark Askins read: ORDINANCE 1501-A5- AN ORDINANCE
AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CBAPTER
106, ARTICLE IT <<ADMINISTRATION' DIVISION 9 '~ONCONFORMING .
BUILDINGS, STRUCTURES, AND USES" SECTION 106-268; NONCONFORMING
LOtS OF RECORD" BY MODIFYING SECTION 106-268(a) TO INCLUDE A CHANGE
City Council Regular Meeting, Public Hearing and Workshop Meeting -May 8, 2006
Page 4
IN TENANT AND/OR OCCUPANT TO INITIATE A REVIEW OF NONCONFORMING
LOTS OF RECORD WITHIN THE ZONING DISTRlCTSOF THE CITY OF LA PORTE,
BY CITY STAFF; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE THEREOF.
Motion was made by Council member Moser to approve Ordinance 1501-A5 as presented by
Mr. Sabo. Second by Council member Griffiths. The motion carried
Ayes: Beasley, Moser, Engelken, Rigby, Ebow, Clausen, Griffiths and Mayor Porter.
Nays: None
Abstain: None
12. Public Hearing - Council to consider taking action on an ordinance amending Chapter 106
(Zoning) to delete Section 106-741 (h) of the Code of Ordinances.
Open Public Hearing - Mayor Porter opened the Public Hearing at 6:33 p.m.
Planning Director Wayne Sabo provided an overview on amendments to the Code of
Ordinances. .
: Public Input: Lou Large - 231 Falk Ct,,. La Porte, Texas 77571 - Ms, Large :ipfQnnec!
Mayor and Council she was in favor of the changes to the ordinance.
Sue Gail Kooken - 410 S. 1St, La Porte, Texas 77571 - Ms. Kooken informed Council she
thinks this ordinance needs reworking and is not in favor of 18 wheelers being parked in
residential yards. .
Recommendation of Planning & Zoning Commission- Unanimously, the Planning and
Zoning Commission recommended City Council consider approval of an ordinance
amending Chapter 106 (Zoning) to delete Section 106-741 (h) of the Code of Ordinances.
The Public Hearing was closed at 6:44 p.m.
13. Council to consider approval or other action regarding Ordinance 1501-B5.
Assistant City Attorney Clark Askins read: ORDINANCE 1501 B5-AN ORDINANCE
AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER
106, ATRICLE V "SUPPLEMENTAL DISTRICT REGULATIONS"~ DIVISION
2."ACCESSORY BUILDING, USES AND EQUIPMENT", SECTION 106-741,
"GENERAL PROVISIONS", BY DELETING SECTION 1 06-741 (h), PERTAINING TO
THE PARKING OF BOATS AND RECREATIONAL VEIDCLES WITHIN
RESIDENTIAL ZONING DISTRICTS OF THE CITY OF LA PORTE; MAKING
CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING
. COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
. . Motion was made bv Council member Engelken to approve Ordinance 1501 B5 as
recommended by Planning &: Zoning. Second by Council member Ebow. The motion
carried.
City Council Regular Meeting, Public Hearing and Workshop Meeting -May 8, 2006
Page 5
Ayes: Beasley, Moser, Engelken, Rigby, Ebaw, Clausen, Griffiths and Porter
Nays: None
Abstain: N ane
14. Clase Regular Meeting and Open Warkshap at 6:47 p.m.
A. Planning Director Wayne Saba discussed final draft af2020 Comprehensive Plan 5-
Five Year Update. In additian, Chairpersan Betty Waters infarmed the Cauncil the
cammittee met an numeraus accasians to. review progress and interview city
departments. She was pleased to. repart the City is fallawing the plan and making
pragress taward gaals.
B. Assistant Finance Directar Micheal Dalby pravided six manth fmancial update
(infarmatian used far budget farecasting). He repo.rted revenues and expenditures are
favo.rable.
C. Mayo.r Alto.n Parter discussed Bo.ards & Co.mmissio.ns appointments.
Mayo.r requested Co.uncil review members with terms expiring and advised at a future
meeting o.f any changes they wauld like to. make. There were discussio.ns afhaw
members and the Chairman are appo.inted/elected to. the Baard o.f Adjustments. Tammy
Maser requested We- Council co.nsider making a c}:umge a.PPQjnWg Ch~ster J?o.o.1-.as
Chairman an the Bo.ard o.f Adjustments. Council nated they wo.uld discuss making
changes to. the Baard af Adjustments appo.intment ardinance at a future meeting.
D. Planning Directar Wayne Saba provided a repo.rt regarding an o.rdinap.ce amending
sectio.n 2 ardinance 2003-2665 -A- regarding waiver af constructio.n fees impo.sedby the
City afLa Parte on impravements to. real praperty conveyed to. certain nan-profit
corporations and/or for city initiated programs which pravide hausing far low income
families; by including wavier o.f additianal fees and requested cauncil to. pravide staff
with directian. A consensus af council directed Wayne Saba to. bring back as written far
fo.rmal appro.val at next City Co.uncil meeting.
15. Closed W o.rkshop meeting and reco.nvened Regular Meeting at 7:47 p.m.
16. Administrative Repo.rts
Assist~t City Manager Jo.hn Joems gave a report an Sylvan Beach Day, 50th amllVersary,
April 29, 2006, reminded council Early Vating May 1, thrallgh May 9, 2006, Election Day,
Saturday May 13, 2006, Plan Manager's Appreciation Breakfast, May 17, 2006, 7: 15 a.m. at
- Sylvan Beach Pavilio.n, City Employee/Family Appre"ciation Picnic and-City Offices
CIa sing, Manday, May 29th, 2006dbservance of Memorial Day. _ .
17. Council Comments
Ebow, Engelken, Clausen, Rigby, Moser, Beasley, Griffiths and Mayo.r Portyr had
comments.
18. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS
LAW, CHAPTER 551.071 THROUGH 551.076,551-087, TEXAS GOVERNMENT CODE
(CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL
City Council Regular Meeting, Public Hearing and Workshop Meeting -May 8, 2006
Page 6
PROPERTY, DELIBERATION REGARDING PROSPECTNE 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)
A. 551.081 (pENDING OR CONTEMPLATED LITIGATION) MEET WITH CITY
AXTORNEY AND CITY MANAGER REGARDING CITY OF LA PORTE VS. 200
GARFIELD, LLC
Council retired to Executive Session at 8:00 p.m.
19. There was no action taken during Executive Session.
Council returned to the table at 8:26 p.m.
20. There being no further business to come before Council, the Regular Meeting was duly
adjourned at 8:27 p.m.
~
~0JtU/l1lJ. -
Respectfully submitted, ~
Martha , Gillett, TRMC, CMC
City Secretary
Passed and approved on this 22nd day of May 2006
-~L~~
Mayor Alton E.Porter
EXHIBIT
"c"
EXHIBIT "C"
'METES AND BOUNDS DESCRIPTION
19.607 ACRE TRACT LOCATED IN THE
ENOCH BRINSON SURVEY, A-5
HARRIS COUNTY, TEXAS
Being a tract or parcel of land containing 19.607 acres of land or 854,061 square feet, located in the Enoch
Brinson Survey, Abstract 5, Harris County, Texas, being out of and a part of that certain 207.049 acre tract
(called 206.990 acre tract) of record in the name of St. Joe Paper Company in Harris County Clerk's Pile
(H.c.c.P.) Number M032856; Said 19.607 acre tract being more particularly described as follows (all bearings
based on the southerly Right-oE-Way line of the Southern Pacific Railroad bearing South 70 Degrees 15 Minutes
00 Seconds East per said deed):
COMMENCING at a broken concrete monument called and found at the southwest comer of both the
herein described tract and aforesaid 207.049 acre tract, for the northwest comer of a called 19.566 acre tract of
record in the name of Houston Lighting and Power Company in RC.C.F. Number D417662, and on the east
line of a called 2.833 acre tract of record in the name of Houston Lighting and Power Company in Volume
- 2355, Page 173 of the Deed Records of Harris County, Texas, said comer being on the west line of aforesaid
Enoch Brinson Survey and the east line of the Nicholas Clopper Survey;
THENCE, coincident the west line of aforesaid 207.049 acre tract, North 00 Degrees 24 Minutes 09 Seconds
West (called North 00 Degrees 18 Minutes West), at a distan~e of 150.00 feet and 1.0 foot left pass a 1-inch iron
rod found for the northeast comer of aforesaid 2.833 acre tract and the southeast corner of a called 7.298 acre
tract of record in the name of Houston Lighting and Power Company in Volume 2355, Page 173 of the Deed
Records of Harris County, Texas (H.c.D.R.), and continue for an overall distance of 939.19 f~et to a 5/8 inch
iron rod set for the southwest comer and POINT OF BEGINNING of the herein described tract;
THENCE, continuing coincident the west line of aforesaid 207.049 acre tract, North 00 Degrees 24 Minutes
09 Seconds West, a distance of 435.00 feet to an "X" cut for the northwest comer of the herein described tract,
in the centerline of Porter Road (60 feet wide) ingressl egress easement of record in Rec.F. No. Y721318;
THENCE, through and across aforesaid 207.049 acre tract and coincident the centerline of aforesaid Porter
Road, North 89 Degrees 39 Minutes 06 Seconds East, a distance of 1,963.57 feet to an "X" cut in concrete for
the northeast comer of the herein described tract, being the centerline intersection with Pike Court (60 feet
wide) ingress I egress easement of record in RC.C.F. No. Y721318; ,
THENCE, coincident the centerline of Pike Court, South 00 Degrees 20 Minutes 54 Seconds East, a distance
of 435.00 feet to a 5/8 inch iron rod with cap set for the southeast comer of the herein described tract;
THENCE, through and across aforesaid 207.049 acre tract, South 89 Degrees 39 Minutes 06 Seconds West, a
distance of 1963.15 feet to the POINT OF BEGINNING and containing 19.607 acres ofland.
Reno & Associates
March 15,2006
Job No. 36-0404_19acre
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City of La Porte
Established 1892
June 28, 2006
CM/RRR # 7005 0390 0004 8165 0613
Dr. Bill Lindemann, Chancellor
San Jacinto College
Attention: Dr. Ruede Wheeler
Board of Regents
4624 Fairmont, Suite 200
Pasadena, Texas 77504
RE: Notice of Intent to Enter Into Tax Abatement Agreement
Dear Dr. Lindemann:
Per Section 312.2041 of the Texas Property Tax Code, the City of La Porte is providing
notice of intent to enter into a Tax Abatement Agreement with Packwell, Inc. A copy of
the proposed Tax Abatement Agreement is provided.
At this time we anticipate City Council's consideration at their regular scheduled meeting
of July 10, 2006. The meetings are held at City Hall Council Chambers, 604 West
Fairmont Parkway, La Porte, Texas beginning at 6:00 PM.
Yours truly,
JL~a
Debra B. Feazelle, City M
DBF/ml
Enclosure
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
City of La Porte
Established 1892
June 28, 2006
CM/RRR # 7005 0390 0004 8165 0637
The Honorable Robert Eckels
Harris County Judge
Attention: David Turkel
Director of Community & Economic Development
8410 Lantern Point Drive
Houston, Texas 77054
RE: Notice of Intent to Enter Into Tax Abatement Agreement
Dear Judge Eckels:
Per Section 312.2041 ofthe Texas Property Tax Code, the City of La Porte is providing notice of
intent to enter into a Tax Abatement Agreement with Packwell, Inc. A copy of the proposed Tax
Abatement Agreement is provided.
At this time we anticipate City Council's consideration at their regular scheduled meeting of July
10,2006. The meetings are held at City Hall Council Chambers, 604 West Fairmont Parkway,
La Porte, Texas beginning at 6:00 PM.
Yours truly,
DBF/ml
Enclosure
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
City of La Porte
Established 1892
June 28, 2006
CM/RRR # 7005 0390 0004 8165 0620
Dr. Michael Say, Superintendent
La Porte Independent School District
Attention: Gene Horn, President
LPISD School Board
301 East Fairmont Parkway
La Porte, Texas 77571
RE: Notice of Intent to Enter Into Tax Abatement Agreement
Dear Dr. Say:
Per Section 312.2041 of the Texas Property Tax Code, the City of La Porte is providing
notice of intent to enter into a Tax Abatement Agreement with Packwell, Inc. A copy of
the proposed Tax Abatement Agreement is provided.
At this time we anticipate City Council's consideration at their regular scheduled meeting
of July 10, 2006. The meetings are held at City Hall Council Chambers, 604 West
Fairmont Parkway, La Porte, Texas beginning at 6:00 PM.
Yours truly,
DBF/ml
Enclosure
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471~5020
City of La Porte
Established 1892
June 28, 2006
Ms. Kathy Powell, Tax Assessor
City of La Porte
604 West Fairmont Parkway
La Porte, Texas 77571
RE: Notice of Intent to Enter Into Tax Abatement Agreement
Dear Ms. Powell:
Per Section 312.2041 ofthe Texas Property Tax Code, the City of La Porte is providing
notice of intent to enter into a Tax Abatement Agreement with Packwell, Inc. A copy of
the proposed Tax Abatement Agreement is provided.
At this time we anticipate City Council's consideration at their regular scheduled meeting
of July 10, 2006. The meetings are held at City Hall Council Chambers, 604 West
Fairmont Parkway, La Porte, Texas beginning at 6:00 PM.
Yours truly,
ok
Debra B. Feazelle, City Manag
DBF/ml
Enclosure
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
CERTIFICATE OF RESOLUTION
WE, the undersigned partners of Porter Road Venture, L.P., pursuant to Section
6.2 of the Agreement of Limited Partnership, hereby authorize and empower Mr. Al
Duran, acting in his capacity as President of the General Partner of the Partnership, to
sign, execute and deliver the Tax Abatement Agreement with the City of LaPorte, Texas,
for and in behalf of the Partnership.
IN WITNESS WHEREOF, we have hereunto affixed our hand this 7th day of
JWY200~Te~ ~( ~ /) {
D family group, LLP PORTER ROAD VENTURE GP, INC.
Limited Partner General Partner
STATE OF TEXAS )
COUNTY OF HARRIS)
It\-
BEFORE ME, the undersigned notary public, on this l day of July 2006,
personally appeared Al Duran, Albert Clay and Robert Clay, who, being by me first duly
sworn, declared that they signed the foregoing instrument as partners of Porter Road
Venture, L.P. and that the statements therein contained are true and correct.
~~~ ~~
Notary Public, State of Texas
~~:::::.::.:L-"":ZS::':';4L:;":'
&~~~~ M. AMEEN ISPAHANY
f:('~i}. MY COMMISSION EXPIRES
\~o.'4 August 17, 200B
.........
CERTIFICATE OF CORPORATE RESOLUTION
Date: : July 07, 2006
Corporation : P ACKWELL, INC.
Date of Meeting of Board of Directors: July 07, 2006
WHEREAS, Packwell is contemplating the establishment of a new facility in
the City of LaPorte, Texas.
WHEREAS, a tax abatement is being requested from the City of La Porte and
Harris County in order to offset some of the costs of constructing a new packaging and
distribution facility.
WHEREAS, the resolution below was legally adopted on the above-referenced
date of the meeting of the Board of Directors, which was called and held in accordance
with the law and the bylaws of the Corporation, and at which a quorum was present.
RESOLVED, that the corporation authorizes MANNY CHUPUNGCO,
Assistant to the President, to enter into a Tax Abatement Agreement with the City of La
Porte and Harris County. He is hereby authorizes, empowers and directs to execute,
acknowledge, and deliver for and on behalf and in the name of the Corporation such Tax
Abatement Agreement and other instruments, containing such other terms and conditions
which he may, in his sole discretion, deem necessary or desirable, his approval thereof to
be conclusively presumed by his execution thereof.
IN WITNESS WHEREOF, I have duly executed this Certificate of Corporate
Resolution this 71h day of July 2006. Il:~
AL URAN, Secretary
STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on the 7th day of July by Al Duran,
President of the Corporation, on behalf of the Corporation.
~-OP- ~~\~~
Notaryp:~~~:::Texas V d
(f.::v:~~'~ M AMEEN ISPAHANY
. (~'I{}. MY COMMISSION EXPIRES
~;.,.. .Al August 17, 2008
.......~.
City of La Porte
Established 1892
July 13, 2006
Mr. Al Duran, President
Packwell Plastics Packaging & Distribution Services
3401 Navigation Blvd.
Houston, Texas 77003
Dear Mr. Duran:
Enclosed is the Ordinance authorizing the designation of Reinvestment Zone "B"-
"Packwell, Inc."
Weare not sure if we provided this before, but we are asking that you keep this with the
Tax Abatement Agreement sent to you yesterday.
Sincerely,
...._~.~ .
Enclosure
11lml
c: Martha Gillett, City Secretary
Knox Askins, City Attomey-(Without Enclosure)
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
T FOR CITY COUNCIL AGENDA ITEM
Bud2et
Requested By:
Source of Funds:
Department:
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits: Ordinance 2006-
Amount Requested:
Exhibits: "A" Public Notice
Budgeted Item: YES NO
Exhibits: "R/Cffi" Notices to T ,PTSn, Harris Connty C.ommissioners Court and San Jacinto Colle2e District
Exhibits: "E" Le2al Meets and Bounds Description
Exhibits: "F" Aerial of Proposed Reinvestment Zone "B"
SUMMARY & RECOMMENDATION
Prior to the creation of a reinvestment zone the City must publish a public notice regarding a
public hearing and notify other taxing entities at least 7 days in advance of the hearing.
The proposed Reinvestment Zone "B" is a site specific 19.607 Ac tract for Packwell, Inc.
At the Public Hearing interested persons are entitled to speak and present evidence for or against
the designation.
After the Public Hearing, Council will consider an ordinance designating a 19.607 Ac tract as La
Porte Reinvestment Zone "B" - "Packwell, Inc." The Ordinance finds that the designation of the
Zone is likely to contribute to the retention or expansion of primary employment or to attract
major investments in the zone that would be a benefit to the property and that would contribute
to the economic development of the City of La Porte.
Action Required bv Council:
Consider Ordinance designating a 19.607 Ac tract as La Porte Reinvestment Zone "B"-
"Packwell, Inc."
5~cJ~OY
Date ~
ORDINANCE NO. 2006-,J8t)
AN ORDINANCE AUTHORIZING THE DESIGNATION OF CITY OF LA PORTE
REINVESTMENT ZONE "B" - "PACKWELL, INC."; MAKING FINDINGS OF FACT;
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 ofthe City of La Porte has heretofore, on the 14th day of
February, 2005, adopted Ordinance No. 2005-2809, an Ordinance establishing guidelines and
criteria governing tax abatement agreements by the City of La Porte. A public hearing was held
before the City Council of the City of La Porte on May 8, 2006, pursuant to notice as
required by Section 312.201, Texas Tax Code, which notice was published not later than the 7th
day before the date of the hearing in the Bayshore Sun, a newspaper having general circulation in
the City of La Porte, a true and correct copy of said published notice being attached hereto as
Exhibit "A" and incorporated by reference herein; and pursuant to notice delivered in writing not
later than the 7th day before hearing, to the presiding officer of the La Porte Independent School
District; to the County Judge of Harris County, Texas presiding officer of the Harris County
Commissioners Court, on behalf of Harris County, the Harris County Flood Control District, the
Port of Houston Authority of Harris County, and the Harris County Department of Education;
and to the presiding officer ofthe San Jacinto College District; being all of the taxing units
included in the proposed reinvestment zone. A copy of the notices to the La Porte Independent
School District and Harris County Commissioners Court; and the San Jacinto College District,
are attached hereto as Exhibits "B", "C", and "D", respectively, incorporated by reference herein,
and made a part hereof for all purposes.
Section 2. Specifically, and without limiting the generality of the foregoing, the City
Council of the City of La Porte finds, determines and declares that the subject property would be
reasonably likely as a result of the designation as a reinvestment zone, to contribute to the
retention or expansion of primary emploYment or to attract major investments in the zone that
would be a benefit to the property and that would contribute to the economic development of the
City of La Porte. The City Council of the City of La Porte further finds, determines and declares
that the improvements sought are feasible and practical and would be a benefit to the land to be
included in the zone and to the City of La Porte after the expiration of an agreement into under
Section 312.204, Texas Tax Code.
Section 3. Accordingly, there is hereby established and designated a reinvestment zone
in the City of La Porte to be know as the La Porte Reinvestment Zone "B" - "Packwell, Inc.", for
commerciaVindustrial tax abatement, legally described by metes and bounds on Exhibit "E", and
as more particularly shown on the location map attached hereto as Exhibit "F", Proposed La
Porte Reinvestment Zone "B" - "Packwell, Inc.", reference to which is here made for all
purposes. This designation shall be effective for five (5) years from the effective date of this
Ordinance.
Section 4. This Ordinance shall serve as notice of the establishment of the La Porte
Reinvestment Zone "B" by the City of La Porte, to every taxing unit that includes inside its
boundaries property that is located within the boundaries of the Zone, and the City Secretary is
hereby directed to send certified copies of this ordinance to all such affected taxing units.
Section 5. The City Council officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall of the City for the time required by
law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas
Government Code; and that this meeting has been open to the public as required by law at all
times during which this ordinance and the subject matter thereof has been discussed, considered
and formally acted upon. The City Council further ratifies, approves and confirms such written
notice and the contents and posting thereof.
Section 6. This Ordinance shall be effective from and after its passage and approval, and
it is so ordered.
PASSED AND APPROVED, this ~ day of
~
, 2006.
CITY OF LA PORTE
~7~
By:
Alton E. Porter
Mayor
ATTEST:
.,.
t-1fltJJJlL~ () , rAid}
Martha A. Gillett
City Secretary
APp~N~
Knox W. Askins
City Attorney
STATE OF TEXAS )(
COUNTY OF HARRIS )(
CITY OF LA PORTE )(
PUBLIC NOTICE
Notice is hereby given that a public hearing will be held before the City Council of the City of La Porte, City Hall, 604 West
Fairmont Parkway, La Porte, Texas beginning at 6:00 pm on Monday, May 8, 2006, at which public hearing interested persons
shall be entitled to speak and present evidence for or against the designation of La Porte Reinvestment Zone "B", for Packwell,
Inc. pursuant to Chapter 312, Texas Tax Code, as" amended. The legal description of the property to comprise the proposed
reinvestment zone is as follows; to-wit:
Being a tract or parcel ofland containing 19.607 acres ofland or 854,061 square feet,
located in the Enoch Brinson Survey, Abstract 5, Harris County, Texas, being out of
and a part of that certain 207.049 acre tract (called 206.990 acre tract) of record in
the name ofSt. joe Paper Company in Harris County Clerk's File (H.C.C.F.) Number
M032856; Said 19,607 acre tract being more particularly described as follows (all
bearings based on the southerly Right-of-Way line of the Southern Pacific Railroad
bearing South 70 Degrees 15 Minutes 00 Seconds East per said deed):
COMMENCING at a broken concrete monument called and found at the southwest
comer of both the herein descnbed tract and aforesaid 207.049 acre tract, for the northwest
comer of a called 19.566 acre tract of record in the name of Houston Lighting and Power
Company in H.C.C.F. Number 0417662, and on the east line of a called 2.833 acre tract of
record in the name of Houston Lighting and power Company in Volume 2355, Page 173 of
the Deed Records of Harris County, Texas said comer being on the west line of aforesaid
Enoch Brinson Survey and the east line of the Nicholas Clopper Survey;
THENCE, coincident the west line of aforesaid 207.049 acre tract, North 00 Degrees 24
Minutes 09 Seconds West (called North 00 Degrees 18 minutes West), at a distance of
150.00 feet and 1.0 foot left pass a I-inch iron rod found for the northeast comer of aforesaid
2.833 acre tract and the southeast comer of a called 7.298 acre tract of record in the name of
Houston Lighting and Power Company in Volume 2355, Page 173 of the Deed Records of
Harris County, Texas (H.C.D.R), and continue for an overall distance of939.19 feet to a
5/8 inch iron rod set for the southwest comer and POINT OF BEGINNING of the herein
descnbed tract;
THENCE, continuing coincident the west line of aforesaid 207.049 acre tract, North 00
Degrees 24 Minutes 09 Seconds West, a distance of 435.00 feet to an "X" cut for the
northwest comer of the herein described tract, in the centerline of Porter Road (60 feet wide)
ingress/egress easement of record inH.C.C.F. No. Y721318;
THENCE, through and across aforesaid 207.049 acre tract and coincident the centerline of
aforesaid Porter Road, North 89 Degrees 39 Minutes 06 Seconds East, a distance of 1,963.57
feet to an "X" cut in concrete for the northeast corner of the herein descnbed tract, being the
centerline inte~section with Pike Court (60 feet wide) ingress/egress easement of record in
H.D.D.F. No. Y721318;
THENCE, coincident the centerline of Pike Court, South 00 Degrees 20 Minutes 54 Seconds
East, a distance of 435.00 feet to a 5/8 inch iron rod with cap set for the southeast comer of
the herein described tract;
THENCE, through and across aforesaid 207.049 acre tract, South 89 Degrees 39 Minutes
06 Seconds West, a distance of 1963.15 feet to the POINT OF BEGINNING and containing
19.607 acres ofland.
A location map of said property is available for inspection in the City Secretary's Office.
EXHIBIT "A"
THIS FACILITY HAS DISABILITY ACCOMMODATIONS AVAILABLE. REQUESTS FOR ACCOMMODATIONS OR
INTERPRETIVE SERVICES AT MEETINGS SHOULD BE MADE 48 HOURS PRIOR TO THIS MEETING. PLEASE
CONTACT CITY SECRETARY'S OFFICE AT 281-471-5020 OR IDD LINE 281-471-5030 FOR FURTHER
INFORMATION.
A POSSffiLE QUORUM OF CITY COUNCIL MEMBERS MAY BE PRESENT AT THIS MEETING AND P ARTICIP ATE
IN DISCUSSIONS BUT WILL NOT TAKE ANY ACTION.
Martha A. Gillett, TRMC
City Secretary
. Date Posted
EXIDBIT "A"
City of La Porte
Established 1892
April 27, 2006
CM/RRR# 70031680000163412330
Dr. Michael Say, Superintendent
La Porte Independent School District
Attention: Gene Horn, President
LPISD School Board
301 East Fairmont Parkway
La Porte, Texas 77571
RE: Notice of Tax Abatement Application
Notice of Public Hearing
Dear Dr. Say:
Per the City of La Porte Guidelines anq. Criteria for Governing Tax Abatement, we are
providing notice of receiving a completed application for tax abatement from Packwell,
Inc. A copy of the application is provided.
Also, pursuant to Chapter 312, Texas Tax Code, enclosed is a copy of the Notice of
Pu1Jlic Hearing on the designation of La Porte Reinvestment Zone '(:8" for P.ackwell, Inc.
Yours truly,
cIJJJ1tv~<<-
Debra B. Feazelle, City M
DBF/ml
Enclosure
EXHIBIT "B"
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
City of La Porte
Established 1892
April 27, 2006
CMIRRR # 7003 1680 0001 6341 2316
The Honorable Robert Eckels
Harris County Judge
Attention: David Turkel
Director of Community & Economic Development
8410 Lantern Point Drive
Houston, Texas 77054
RE: Notice of Tax Abatement Application
Notice of Public Hearing
Dear Judge Eckels:
Per the City of La Porte Guidelines and Criteria for Governing Tax Abatement, we are providing
notice of receiving a completed application for tax abatement from Packwell, Inc. A copy of the
application is provided.
Also, pursuant to Chapter 312, Texas Tax Code, enclosed is a copy of the Notice of Public
Hearing on the designation of La Porte Reinvestment Zone "B" for Packwell, Inc.
We look forward to working with you on this application.
Yours truly,
txOL fwt{j) 0 ~ a
Debra B. Feazelle, City Manager
DBF/ml
Enclosure
EXHIBIT "C"
604 W. Fairmont Pkwy. · La forte, Texas 77571 · (281) 471-5020 .
City of La Porte
Established 1892
April 27, 2006
CM/RRR # 7003 1680 0001 6341 2323
Dr. Bill Lindemann, Chancellor
San Jacinto College
Attention: Dr. Ruede Wheeler
Board of Regents
4624 Fairmont, Suite 200
Pasadena, Texas 77504
RE: Notice of Tax Abatement Application
Notice of Public Hearing
Dear Dr. Lindemann:
Per the City QfLa Porte Guidelines and Criteria for Governing Tax Abatement, we are
providing notice of receiving a completed application for tax abatement from Packwell,
Inc. A copy of the application is provided.
Also, pursuant to Chapter 312, Texas Tax Code, enclosed is a copy of the Notice of
Public Hearing on the designation of La Porte Reinvestment Zone "B" for Packwell, Inc.
Yours truly,
rJJJjA~ Mtl~
Debra B. Feazelle, City Manager
DBF/ml
Enclosure
EXHmIT "D"
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
METES AND BOUNDS DESCRIPTION
19.607 ACRE TRACT LOCATED IN THE
ENOCH BRINSON SURVEY, A-5
HARRIS COUNTY, TEXAS
Being a tract or parcel of land containing 19.607 acres of land or 854,061 square feet, located in the Enoch
Brinson Sun:ey, Abstract 5, Harris County, Texas, being out of and a part of that certain 207.049 acre tract
(called 206.990 acre tract) of record in the name of St Joe Paper Company in Harris County Clerk's File
(H.C.C.F.) Number M032856; Said 19.607 acre tract being more particularly described as follows (all bearings
based on the southerly Right-of-Way line of the Southern Pacific Railroad bearing South 70 Degrees 15 Minutes
00 Seconds East per said deed):
COMMENCING at a broken concrete monument called and found at the southwest comer of both the
herein described tract and aforesaid 207.049 acre tract, for the northwest comer of a called 19.566 acre tract of
record in the name of Houston lighting and Power Company in H.C.C.F. Number D417662, and on the east
line of a called 2.833 acre tract of record in the name of Houston lighting and Power Company in Volume
2355, Page 173 of the Deed Records of Harris County, Texas, said comer being on the west line of aforesaid
Enoch Brinson Survey and the east line of the Nicholas Clopper Survey;
THENCE, coincident the west line of aforesaid 207.049 acre tract, North 00 Degrees 24 Minutes 09 Seconds
West (called North 00 Degrees 18 Minutes West), at a distance of 150.00 feet and 1.0 foot left pass a l-inch iron
rod found for the northeast comer of aforesaid 2.833 acre tract and the southeast comer of a called 7.298 acre
tract of record in the name of Houston lighting and Power Company in Volume 2355, Page 173 of the Deed
Records of Harris County, Texas (H.CD.R), and continue for an overall distance of 939.19 feet to a 5/8 inch
iron rod set for the southwest comer and POINT OF BEGINNING of the herein described tract;
THENCE, continuing coincident the west line of aforesaid 207.049 acre tract, North 00 Degrees 24 Minutes
09 Seconds West, a distance of 435.00 feet to an "X" cut for the northwest comer of the herein described tract,
in the centerline of Porter Road (60 feet wide) ingress/egress easement of record in H.C.C.F. No. Y721318;
THENCE, through and across aforesaid 207.049 acre tract and coincident the centerline of aforesaid Porter
Road, North 89 Degrees 39 Minutes 06 Seconds East, a distance of 1,963.57 feet to an "X" cut in concrete for
the northeast comer of the herein described tract, being the centerline intersection with Pike Court (60 feet
wide) ingress/ egress easement of record in H.C.C.P. No. Y721318;
THENCE, coincident the centerline of Pike Court, South 00 Degrees 20 Minutes 54 Seconds East, a distance
of 435.00 feet to a 5/8 inch iron rod with cap set for the soudleast comer of the herein described tract;
THENCE, through and across aforesaid 207.049 acre tract, South 89 Degrees 39 Minutes 06 Seconds West, a
distance of 1963.15 feet to the POINT OF BEGINNING and containing 19.607 acres of land
Reno & Associates
March 15,2006
Job No. 36-0404_19acre
,.) <('Co OF r'J''\;k"
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EXHIBIT "E"
EXHIBIT "F"