HomeMy WebLinkAbout2006-08-14 thru 08-16-06 Budget Workshop Meetings Minutes
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MINUTES U}' THE HUDlJET WURKSHUP MEETINGS HELD ON AUGUST 14 -16, 2006
THE LA PORTE CITY COUNCIL
1. CALL TO ORDER
AUGUST 14,2006
The meeting was called to order by Mayor Alton Porter at 6:01p.m.
Members of City Council Present: Councilmembers Louis Rigby, Tommy Moser, Peter Griffiths,
Chuck Engelken, Mike Mosteit, Mike Clausen, Barry Beasley, Howard Ebow and Mayor Alton
Porter.
Members of Council Absent: None
Members of City Executive Staff and City Employees Present: City Manager Debra Feazelle,
Assistant City Manager John Joerns, Assistant City Manager Cynthia Pearson, Assistant Finance
Director Michael Dolby, Office Coordinator Peggy Lee, City Secretary Martha Gillett, Assistant
City Attorney Clark Askins, Main Street Coordinator Debra Dye, MIS Manager Al Owens,
Accounting Coordinator Lorie Doughty, Purchasing Manager Susan Kelley, Assistant Police
Chief Aaron Corrales, Assistant City Secretary Sharon Harris, Golf Pro Alex Osmond, Police
Lieutenant Ron Parker, Fire Chief Mike Boaze, Police Chief Richard Reff, Building Official
Debbie Wilmore, EMS Chief Ray Nolen, Parks and Recreation Director Stephen Barr, Police
Secretary Michelle Bedford, Assistant Fire Chief John Dunham, Budget Officer Shelley Wolny,
Assistant Public Works Director Don Pennell, Director of Public Works Steve Gillett, Assistant
to the City Manager Crystal Scott, Assistant EMS Chief Lisa Camp, Lieutenant Carl Crisp,
Equipment Services/Solidwaste Superintendent Lee Allen, Judge Denise Mitrano, Assistant
Utility Superintendent Ray Mayo, Emergency Management Coordinator Jeff Suggs, Controller
Phyllis Rinehart, Office Manager Marlene Rigby.
Others Present: Dottie Kaminski, Jeremy Kennedy, Brian Denek, Megan Vasquez, Javier
Carmona, Dave Turnquist, Colleen Hicks, Mrs. Mayo,
Council took a break on August 14,2006, from 7:38 until 7:53 with no discussion and no actions
taken during the break.
The August 14th meeting recessed at 9:48 p.m.
The August 15th meeting reconvened at 6:02 p.m.
Members of City Council Present: Councilmembers Louis Rigby, Tommy Moser, Peter Griffiths,
Chuck Engelken, Mike Mosteit, Mike Clausen, Barry Beasley, Howard Ebow and Mayor Alton
Porter
Councilmember Griffiths arrived at 6:30 p.m.
Staff Present: City Manager Debra Feazelle, Fire Chief Mike Boaze, Main Street Coordinator
Debra Dye, H.R. Specialist Nicole Hatter, Utility Billing Technician Burney Willis, Public Works
Representative Leonard Nichols, Assistant EMS Chief Lisa Camp, Street Superintendent Orville
Burgess, Assistant City Manager John Joerns, City Secretary Martha Gillett, Assistant City
Attorney Clark Askins, Police Chief Richard Reff, Public Works Director Steve Gillett, Assistant
City Manager Cynthia Pearson, Assistant to the City Manager Crystal Scott, MIS Manager Al
Owens, Human Resources Manager Robert Swanagan, Assistant Finance Director Michael
City Council Budget Workshop Meetings - August 14-18 2006 - Page 2
Dolby, Police Lieutenant Carl Crisp, Assistant Fire Chief John Dunham, Office Coordinator
Peggy Lee, Finance Supervisor Lorie Doughty, Controller Phyllis Rinehart, Assistant Public
Works Director Don Pennell, Street Maintenance Equipment Operator III Lester Harris, Assistant
City Secretary Sharon Harris, Equipment Services/Solidwaste Superintendent Lee Allen, Budget
Officer Shelley Wolny, Street Supervisor Rodney Cox, Operations Manager Marlene Rigby,
Parks and Recreation Director Stephen Barr, EMS Chief Ray Nolen, Fire Marshal Cliff Meekins,
Golf Pro Alex Osmond, Equipment Services Supervisor Isabel Salinas, Building OffiCial Debbie
Wilmore, Asst. Utility Superintendent Ray Mayo, Detective Jerome McKown, Public Works
Employee Dennis Muska.
Citizens: Buddy Jacobs, Walter Barnes, Hank Foreman, Neal Welch, Mrs. Mayo, Paul
Hickenbottom, Colleen Hicks and Mrs. Muska.
Council took a break from 7:43 to 7:55 p.m. on August 15t\ 2006. There was no discussion or no
action taken during the break.
The August 15th Budget Workshop session recessed at 10:20 p.m.
The August 16th Budget Workshop session reconvened at 6:00 p.m.
City Council Present: City Councilmember Griffiths, Beasley, Mosteit, Engelken, Ebow, Moser,
Rigby, Clausen and Mayor Porter were present.
Staff Present: City Manger Debra Feazelle, Assistant City Manager John Joerns, City Secretary
Martha Gillett, Public Works Director Steve Gillett, Controller Phyllis Rinehart, Budget Officer
Shelley Wolny, Parks and Recreation Director Stephen Barr, Assistant Public Works Director
Don Pennell, Planning Department Utility Project Representative Regean McPhail, Assistant
Finance Director Michael Dolby, MIS Manager Al Owens, Emergency Management Coordinator
Jeff Suggs, City Engineer Rodney Slaten, Emergency Management Services Chief Ray Nolen,
Police Chief Richard Reff, Human Resources Manager Robert Swanagan, Fire Chief Mike Boaze
and Fire Marshal Cliff Meekins.
Citizens Present: Lauren Barr and Colleen Hicks.
2. Mayor Porter delivered the Invocation on August 14,2006.
3. Mayor Porter led the Pledge of Allegiance on August 14th, 2006.
4. Consider approving Minutes of the Regular Meeting and Workshop Meeting held on July 24,
2006 on August 14t\ 2006.
Motion was made by Councilmember Engelken to approve the minutes as presented on August
14th. 2006. Second by Councilmember Beasley. The motion carried unanimously.
5. Council to consider approval or other action regarding the second reading on an ordinance
adopting a franchise agreement with Centerpoint Energy, Inc.
Assistant City Attorney Clark Askins presented summary and recommendation and answered
Council's questions.
Assistant City Attorney Clark Askins read ORDINANCE 2006-2914 - AN ORDINANCE
GRANTING TO CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC THE RIGHT,
PRIVELAGE AND FRANCHSISE TO US THE PUBLIC RIGHTS-OF- WAY AND TO USE,
City Council Budget Workshop Meetings - August 14-18 2006 - Page 3
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, SPECIALLY INCLUDING, BUT NOT LIMITED TO, THE GRANTING OF ACCESS
TO THOSE FACILITIES FOR THE DELIVERY OF BROADBAND OVER POWERLINES
OR SIMILAR SERVICE WITHIN THE CITY OF LA PORTE, TEXAS.
Motion was made by Council member Beasley to approye Ordinance 2006-2914 as presented by
Mr. Askins on August 14th. 2006. Second by Council member Griffiths. The motion carried
Ayes: Mosteit, Beasley, Griffiths, Clausen, Ebow, Moser, Rigby and Mayor Porter.
Nays: None
Abstain: Engelken
6. Close Regular Meeting and Open Workshop Meeting at 6:06 p.m.
7. WORKSHOP
A. City Manager Debra Feazelle provided a General Overview of the 2006-2007 Budget on file
in the City Secretary's Office on August 14th, 2006.
Council was provided a copy of the power point presentation outlining highlights and a copy
of presentation is on file in the City Secretary's Office..
Council member Griffiths requested a copy of a five year graph for page 30.
A copy of all questions from Council for day one are on file in the City Secretary's Office.
B. General Fund Overview - City Manager Debra Feazelle provided an overview and answered
Council's questions on August 14th, 2006.
Ms. Feazelle reminded council of the positions being deleted from the budget, no employees
would be laid off. They would be deleted through attrition.
Director's began presentations, see details at F.
C. Enterprise Funds Overview - Utility Fund, Sylvan Beach Pavilion Fund, Airport Fund, La
Porte Area Water Authority, Golf Course Fund. City Manager Debra Feazelle provided an
overview and answered Council's questions on August 15th, 2006. In addition, Public Works
Director Steve Gillett provided an overview of the Utility, Airport, Motor Pool Fund and La
Porte Area Water Authority Funds. Parks and Recreation Director Stephen Barr provided an
overview of the Sylvan Beach Fund. Golf Pro Alex Osmond provided an overview of the
Golf Course Fund. Assistant Finance Director Michael Dolby provided an overview of the
Utility Fund, Utility Fund Non-Departmental and answered Council questions. MIS Manager
Al Owens provided an overview of the technology fund.
See list of questions from day two on file in City Secretary's Office.
Council requested a report on automated billing and beautifications donations.
Public Works Director Steve Gillett requested the personnel services line item be double
checked in the water distribution budget.
City Council Budget Workshop Meetings - August 14-182006 - Page 4
Council requested a copy of the recent airport study from Public Works Director Steve
Gillett. In addition, the requested information on property tax revenues for the La Porte
Municipal Airport. Council noted they would like to see improvements to the landscaping
and airport signage.
Golf Pro Alex Osmond presented the Golf Course Fund and answered Council questions.
Council noted they would like to put back $50,000.00 to the General Fund for supplies so the
quality of the golf course does not decline.
They would like to include paths and golf cart replacements in the CIP budget.
In addition, they directed Mr. Osmond to place notices regarding golf course events on the
web, cable and city notification systems.
D. Internal Service Funds Overview - City Manager Debra Feazelle provided an overview and
answered Council's questions on August 14th, 2006. Public Works Director Steve Gillett
provided an overview of the Motor Pool Fund. MIS Manager Al Owens provided an
overview of the Technology Fund.
The Health Care item was taken out of order and discussed Tuesday, August 15, 2006 at
6:00 p.m.
Neal Welch, Consultant Hilb Rogal and Hobbs provided Council with an overview of the
Chapter 172 Employee Retiree Insurance and Benefits Board recommendations regarding
Health Care issues. Mr. Welch had previously provided Council with the minutes of the last
Chapter 172 meeting outlining the Board's recommendations. Summary and details are on
file in the City Secretary's Office.
An overview was provided of Flexible Spending Accounts. The Chapter 172 Board
recommends that Flexible Spending Accounts with the Debit Cards be added to our plan.
Councilmember Barry Beasley inquired whether or not the accounts could be rolled over to
the next year. Neal Welch advised the flexible spending accounts may not be rolled over.
Individual Child Premium Load - the Board does not recommend the Individual Child
Premium Load. However, Mr. Welch noted they could create another level
Employee/Family.
10% Cost Savings with Plan Design Changes - The Chapter 172 Board did not recommend
this plan.
Mr. Welch also informed Council they are near the end of the three (3) year contract with
Humana and he recommends we look at other service providers in the future.
The Chapter 172 Boards recommends a one-time deferral at the discretion of the Retiree with
a spousal provision as outlined in COBRA. Which is: If a Retiree is carrying their spouse at
retirement then the spouse could re-enter when the retiree re-enters.
The Chapter 172 Board recommends that Retiree Over/Under 65 Calculation not be used and
remain as it is.
Mayor Porter recommended the years of service be looked at in the future to include carrying
out premium cost to include up to 40 years of service.
City Council Budget Workshop Meetings - August 14-182006 - Page 5
The Chapter 172 Boards recommends both Incentive Plans as potential Recruitment
Incentives with the City Council determining which one it wants to adopt, or a combination
of both.
The Chapter 172 Board recommends the current method of making the Retiree Calculations
continue with clarification of language regarding City budgeted cost and that the coverage %
discount amount applies only for retirees, not dependents. Also, the proposed calculator that
Mr. Welch is developing be implemented to allow any employee to be able to get an estimate
of their insurance cost and their dependents cost at the current year budgeted City cost and for
one additional year.
E. Special Revenue Funds Overview - City Manager Debra Feazelle provided an overview and
answered Council's questions on August 14t\ 2006. On August 16t\ 2006, Assistant City
Manager John Joerns provided and overview of the TIRZ Fund and projects.
On August 16th, 2006, Chamber President Colleen Hicks requested the City fund an
additional $30,000 for entertainment for the upcoming year. She noted there were more
people attending the last Sylvan Beach Day Festival and she believes this was due to a higher
level on entertainment.
It was the consensus of Council to provide an additional $30,000.00 to the Chamber of
Commerce in next year's budget.
Councilmember Peter Griffiths requested copies of quarterly hotel/motel reports.
Councilmember Rigby noted the document should read "no increase in property tax rate".
Councilmember Rigby also requested staff get in touch with Bayshore Motel and request they
fix burned out fixtures on their sign.
Council Reserve fund was discussed on August 16th, 2006. Council directed staff to take
$35,000.00 from the cemetery project and increase $15,000.00 for Friends of the Library and
$20,000.00 for the Rodeo Association.
F. DEPARTMENT REVIEWS
1. Emergency Services Department - 3 -14 - was discussed on August 14th, 2006.
Fire Chief Mike Boaze provided Council with an overview of the Emergency
Services Budget.
EMS Chief Ray Nolen provided an overview of the Emergency Management
Services budget and answered Council's questions.
Councilmember Rigby requested a breakdown on EMS turnover and the reason why
the person left the City of La Porte.
Emergency Management Coordinator Jeff Suggs provided an overview of the
Emergency Management Division. He noted he is requesting one staff position in the
budget.
City Council Budget Workshop Meetings - August 14-18 2006 - Page 6
Councilmember Rigby requested a copy of the Emergency Pay policy.
Fire Marshal Cliff Meekins provided Council with an overview of the Fire Marshal's
budget. It was noted he will need new office furniture when moving to the Entex
building.
2. Police Department -3-22 - Police Chief Richard Reffprovided an overview and
answered Council's questions on August 14th, 2006.
3. Administration -3-40 - Assistant to the City Manager Crystal Scott provided Council
with an overview of the City Manager's budget items including City Manager's
Office, hotel/motel fund, community investment, legal and economic development 4b
fund on August 14t\ 2006.
Councilmember Rigby requested a list of Assistant to the City Manager's job duties
and job description.
Council directed staff to remove the janitorial line item from the City Manager's
budget and move it to non-departmental.
Council confirmed the Assistant City Manger/Finance Director position was being
deleted from the Finance Department budget and the position would not be
replaced. There will no longer be an Assistant Director of Finance position but there
will be a Finance Director position funded in the budget. Staff informed Council
these changes would be made in the final budget document.
City Secretary Martha Gillett provided an overview of the City Secretary and City
Council's budget and answered questions on August 14t\ 2006.
Council directed staff to remove the computers from the Council Offices and delete
the lease fees from the Council budget. The Mayor's computer and lease fees will
remain the same.
Council directed staff to provide them with an estimate to change to a paperless
agenda process and survey other cities.
Council requested staff provide them with a breakdown on the Council food budget
and cost of various vendors vs. La Porte Independent School District Nutrition
Department.
Judge Mitrano provided the Council with an overview of the Municipal Court budget
on August 14th, 2006.
Council directed staff to include all court costs and any future trend charts.
Main Street Coordinator Debra Dye provided an overview of the Main Street budget
on August 14t\ 2006.
Councilmember Griffiths requested staff to track sales and property tax revenues in
the Main Street ni~tri~t
City Council Budget Workshop Meetings - August 14-182006 - Page 7
Human Resources Manager Robert Swanagan presented the Human Resources
Division budget and answered Council's questions on August 15t\ 2006.
Assistant City Manager Cynthia Pearson presented the Purchasing Division budget
and answered Council questions on August 15th, 2006. Councilmember Tommy
Moser noted he would like staff take steps to ensure we receive a proper amount of
bids to prevent single bids on various projects.
4. Finance Department - 3-67 - Assistant Finance Director Michael Dolby provided an
overview of the Finance Department's budget and answered Council's questions.
Council requested a cost estimate on lease fees for computers and used the City
Secretary's Office as an example due to the high increase in computer lease fees for
that department.
Finance Department was presented on 8/15/06
Assistant Finance Director Michael Dolby presented the tax budget and answered
Council questions on 8/15/06.
Assistant Finance Director Michael Dolby presented the non-departmental budget.
Council directed staff to see if they could release the current 25 year cap on earning
longevity. Staff will look into this matter a report back to Council on options.
Councilmember Tommy Moser requested a breakdown on account 9997.
5. Public Works Department -3-77 - Director of Public Works Steve Gillett provided
City Council with an overview and answered Council's questions on August 15th,
2006.
6. Parks and Recreation Department - 3-91 - Parks and Recreation Director Stephen
Barr provided the Council with an overview and answered questions on August 15th,
2006.
Council wants to implement a pilot contract mowing program for mowing services
due to staff have difficulty maintaining all areas. Council noted beautification to be
one of their top goals. Councilmember Ebow noted he would like to see Creekmont
area be included in the program.
7. Planning Department - 3-107 - Planning Director Wayne Sabo was not able to attend
the meeting so Office Coordinator Peggy Lee and Building Official Debbie Wilmore
provided an overview and answered Council's questions on August 15th, 2006.
Council would like to see additional customer service training conducted for
Inspections, Utility Billing, Tax and Code Enforcement staff. They want to ensure
refresher courses are implemented and if needed more specialized training for areas
which have the potential for customer complaints.
Council requested a mowing lien report and asked whether or not the City could take
property if liens are owed.
8. Golf Course -5-20 - Golf Pro Alex Osmond provided an overview and answered
Council's questions on August 15t\ 2006.
City Council Budget Workshop Meetings - August 14-18 2006 - Page 8
9. Other Miscellaneous - Section 7
F. Budget Recap - City Manager Debra Feazelle provided a recap of the budget on August 16th,
2006. The following items were noted:
Golf Course changes as previously noted in minutes.
Decrease lab fees in police budget by $35,000.00
Increase funds for electricity with a higher percentage due to electricity cost increase.
Eliminate the Assistant City Manger/Finance Director position in the Finance Budget and the
Assistant Finance Director position. Include a Finance Director position in the upcoming
budget.
Remove lease fees from Council budget and remove Council computers from Council offices.
Research and report to Council the cost of a paperless agenda.
Increase retreat line item and look at other options on places the retreat could be held.
Leave funds in budget to cover merit plan increases for employees.
Leave funds in budget to cover cost of compensation study.
Council wanted to ensure there was enough money in the upcoming budget to cover gasoline
pnce mcreases.
Discussed changes as recommended by the Chapter 172 Board as previously outlined in the
minutes. No action will be taken on this in August. Items will be brought back to Council in
September.
Council Options - needs clarification from Council as to how the minutes should reflect
on health care costs.
During the health care presentation, an overhead reflected 15% increases on the City Side and
the employee cost. There was no discussion or direction to staff on this item.
In the future look at needed changes to the Health Insurance Ordinance as impacted by the
budget and other administrative changes made by Council.
Research the possibility of no caps on accruing longevity.
Council requested staff to carry out the years of service to 40 years for the calculation of cost
of retiree and dependent premiums for health insurance.
Councilmember Barry Beasley requested clarification on retiree and retiree dependent
premiums. The following information was provided based on the current schedule effective
1/1/06 (see attached schedule):
Example: Employee has 30 years of service, 80 points and is on the Coverage 1 st plan with a
one thousand dollar deductible with spousal coverage.
City Council Budget Workshop Meetings - August 14-18 2006 - Page 9
Cost to the retiree would be 10% of City Cost + dependent premium
City Cost for retiree is $ 540.41
10% of City monthly cost to retiree = $54.04
Spouse dependent monthly cost - $ 191.60 ($732.01 - $540.41 + $191.60)
Total cost for retiree and dependent = $245.64 ($54.04 + 191.60 = $245.64)
Council requested staff research if the City could not cap longevity pay at 25 years.
Councilmember Beasley requested additional information on GASB45.
Council directed staff to leave the sick leave buy back plan in the budget for consideration.
Council directed staff to add additional money to the Solidwaste Budget to allow the public
works department to purchase enough bags so the City may sell bags to any citizen who
wishes to purchase additional rolls. They requested staff consider including overhead cost in
calculations to the citizen so the City will make a profit. The budget will be increased by
$10,000.00.
F. Capital Improvements Projects-All Funds - (under separate cover) - Assistant City
Manager John Joerns provided an overview of the CIP budget and answered Council's
questions on August 16th, 2006.
8. Closed Workshop and reconvened Regular Meeting at 8:00 p.m.
9. COUNCIL COMMENTS
Griffiths, Ebow, Engelken, Mosteit, Clausen, Rigby, Moser, Beasley, and Porter had comments.
10. ADMINISTRATIVE REPORTS - D. Feazelle
11. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS
LAW, CHAPTER 551, SECTIONS 551.071 THROUGH 551.076, AND SECTION 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)
SECTION 551-074 (PERSONNEL MATTER) - CITY MANAGER DEBRA
FEAZELLE'S EVALUATION
SECTION 551-074 (PERSONNEL MATTER) - ASSISTANT CITY MANAGER JOHN
JOERNS
12. Council retired to Executive Session at 8:12 p.m. Council adjourned the Executive Session 9:59
p.m. and returned to the Regular Meeting and reconvened at 10:02 p.m.
City Council Budget Workshop Meetings - August 14-18 2006 - Page 10
13. There being no further business to come before Council, the Regular Meeting and Workshop was
duly adjourned at 10:03 p.m.
Respectfully submitted,
, 1!lwA~/<tu&I
Martna Gillett, TRMC, CMC
City Secretary
Passed and approved on this 28th day of August 2006
~~x~
Alton Porter, Mayor
Exhibit A
9 A Retiree Medical Coverage
,1. The following persons are eligible for retiree medical coverage:
A. Present retirees of the City of La Porte' receiving retirement annuities
as a qualified aIim~itan~ under the Texas MunicipallZetirement System;
,who have retired in accordance with the City of La Porte Employee
Policies I:tandbook~ and were employed by the City of La Porte at the
time of their retirement. Retirees ,re-employed after ~etirenient from ,
the City of La Port~ that have employetsponsored health care
,coverage available through the new emploY~rJ1iay riot ccintlnue health
coverage with the City of La Porte unless ie-employed with the .City 9f
La, Porte. Retirees who, ate self-empJ:oyed are eligiple for medical '
coverage, but occupational i1lnesses~r inju.ries sh,all bot be covered.
Aru:tlial contributions by retirees to the health plab. will be based on
current active employee/dependent rates,
, '
B. City employees whoretire from the City of La Porte emPloyment on
or before December 31, 2005, as, a qualifiedai1IJ.llit~1itiindert1ie Tex~
MuniciPal R~trrement System; who retire inacd#d?riiyew1ililhe City
'; ofLaJ>orte Employee PQ1icies Hatldbpo,k; who, ,C()liiplete"~t le~t i'd, . .
yearsqf seJ,Viyy;withihe City o~LaP()rte'aJ1datecili1:6n~Yempioyed '
by the City o,~LaPorte ',at th~ time of th~ir ret~~lI1ent.::.'Retie~s re~
employedafier r~tirement from'the, qty of La Porte'tha(!i1~:ve
employer sponsored health care .coverageavmlabletbrduglithe new
emp1oyerJIl~YI1ot9ontinue h~althy6veta,g;ewitli theCit~_oftJ.a P~rte; .
unlessre-employe.d ,with t~eCity of~aPott~,,~,~tiiees~,#)1i:are 'se1f- ..:
employed are eligible for medic.al coyera:ge,h'llt,96S~p~~?H~I~esses
ot injuries, shall riot be covered. AnnU:al'contriBi:fti6n$:Bft~tiiees to
the health plan will be based on current active enipl()yeeldEij)eridenf
rates.' '
~
",_ _ _ , _'_~_ ~ ~', . ' ,- I." "-," _' 'i, .,'; ::.:.' _ :
C. City employees who retire from City of La Forte emp16Yfuent 'On or .
afterJanuaiy 01, ~006 .and (1) who have a combination ofyeat~,of ,
service with th~+~ity .of taPort~"plus(tge~ t()taliI1g~O} 'c1Hd'(2) who
retire as a qualified. annUitant bnderithe.Te~~sMug1~jpaIRetirement
System; who retire in accordance:wlili,the' Cltyofr;a)?o~eEIiipioyee ,
Policies Handbook; ",ho complete 'at least 20 y~ars:otsefv16lWlth the
City of La Porte;?-nd,arecurrentlyeIllplqyeq,byJheCity qfLaPorteat
the time of fueirTetireIllent 'Retir~es 're-e.wpI9)T~4'after i~t{retnent
frbmtheCityofLa)>9n:e that have eipplqj~yr"spolls~r~,aJtdt1fucare
coverage available, through the new e-mp1oyer mayn6fcontmue health
coverage with the ,Cio/,of La Porte~ex~ept fQr thbsewith30yefu-S or
mote tenUre with. the City of La Porle, or Jor retirees're-elriployed with .
the City ofLaPorte.;rf ~eIi1piqyee, W:9rks30 yeaf~or ;mote With th~
City of La Porte they may maintain the CitY 6fLa Porte sponsored
At least 23 yeais o:t:service
At least 24 years of service
At least 25 years of service
At least 26 years of service.
At least 27 years ~f service'
At least 28 years of service
At le~st 29 yeats of s~tvic-e.
At least 30 years'ofseivice
Itetiree pays 45% of city cost
+ Dependent premiums
Retiree pays 40% of city cost
+ Dependent premiums
Retiree pays 35% of city cost
+ Dependentpremiums
Retiree pays 30% of city cost
, + Dependent premiums
Retiree. pays 25% of city cost
+ Dependent premiums
Retiree ]:rays 10% of city cost
+ Dependent premiums
'Retiree pays 15% of city cost
. + Dependent premiums
Retiree pays 1 o~. of City cost
,+ DependeIi~ pteniiums
Eligible dependents include: Y OUI lawful ,spouse who is legally mamed io~d, ,
, living. with, you;.nirtwalchildtetl~ stepchildten; children who, be~ote reaching the'
. age.of18,are either adopted by ybu;or other children forWhom'yOuhave,qare,:,
, c1i:StoclY and tontrQI under -court decree. A dependent child must be 1iinhai:TIed~d. ,
tely,ol1'y01t f6tpriinafy support and maintenance. Dependent children rePlam .
eligibl~unti1 age25. , '
. :,
.,,",
.' .~
. ...
.6. Retirees may hot add dependents once retired. There are no qualifying events 'to add
,dependents: Dependents, may b~ dfopped>bywritten request at any time. " : ", "
o. . .
. 7. 'Retiree$:sharlpay alfreqiliredc6nttlbutions to 1:he City by the 15th ofthembhfu ,C?f" '
c6vetag~. ,One annu?-l statement Will be mailed to retirees for selection of payment
plai1zaIlmial,bi:annual~quarteflY or mont11lY. Failure t9 pay the reqUired cPlltriblltlon .
'will restiltm teinlmatio?,of the member' sParhciptitlon ip. th~ CIty of La Porte.
sponsoiedhe~th plan. Pa)llUen~ deiayed beyond -60 days will initiate COBRA '
notification for continuation of health coverage once the member is teiminated.from
the Plan.; .
\..
Subs
::overage 1st - $1,500 Deductible
Employee Only 27
Employee & Spouse 9
Employee and Children 16
Employee and Family 24
:;overage 1st.. $1,000 Deductible
Employee Only 50
Employee & Spouse 23
Employee and Children 19
Employee and Family 35
'PO - $500 Deductible
Employee Only 29
Employee & Spouse 16
Employee and Children 11
Employee and Family 16
'PO -$300 Deductible
Employee Only 25
Employee & Spouse 17
Employee and Children 6
Employee and Family 49
Total Monthly Funding
Total Annual Funding
Employee/Employer %
372
City of La Porte
Premium and Contribution Projection
Effective January 1, 2006
--
Proposed Premiums and Contributions
Total Employer Employee
Premium Contribution Contributions
,
$514.65 $500.00 $14.65
$605.00 $500.00 $105.00
$595.24 $500.00 $95.24
$620.69 $500.00 $120.69
$522.70 $500.00 $22.70
$630.34 $500.00 $130.34
$620.07 $500.00 $120.07
$655.60 $500.00 $155.60
$550.23 $500.00 $50.23
$665.74 $500.00 $165.74
$655.15 $500.00 $155.15
$685.32 $500.00 $185.32
$579.14 $500.00 $79.14
$725.79 $500.00 $225.79
$715.99 $500.00 $215.99
$739.56 $500.00 $239.56
$231.253 $186,000 $45,253
$3,200,000 $2,232,000 $543,032
100% 70% 17%
The Welch Company
Fund Subsidy
$11.43
$81.90
$74.29
$94.14
$17.71
$101.67
$93.65
$121.37
$39.18
$129.28
$121.02
$144.55
$61.73
$176.12
$168.47
$186.86
$35.298
$423,575
13%
J
Total EE
Contribution
;."
$26.08
$186.90
$169.53
$214.83
$40.41
$232.01
$213.72
$276.97
$89.41
$295.02
$276.17
$329.87
$140.87
$401.91
$384.46
$426.42
$80.551
$966,607
30%
Total Premium wi
. Contributions & Subsidv
$526.08
$686.90
$669.53
$714.83
$540.41 k-
$732.01 k
$713.72
$776.97
$589.41
$795.02
$776.17
$829.87
$640.87
$901.91
$884.46
$926.42
$266,551
$3,198,607
c
DRAFT Chapter 172 Employees Retiree Insurance and benefits Board Meeting
Minutes
Thursday, August 10, 2006
The Chapter172 Employee Retiree Insurance and Benefits Board Meeting was called to
order at 5:35 pm by Robert Swanagan.
Attendees:
Clark Askins 172 Board Member
Karen Beerman 172 Board Member
Michael Dolby 172 Board Member
George VanDyke 172 Board Member
Robert Swanagan Staff Representative
Absent:
Pat Rothermel 172 Board Member
Buddy Jacobs 172 Board Member
Guest:
Neal Welch, Consultant Hilb Rogal & Hobbs
Marlene Rigby City of La Porte Employee
Randy Cemosek City of La Porte Employee
Matt Daeumer City of La Porte Employee
Martha Gillett City of La Porte Employee
Jose Molina Retiree
Mike Edgmon
K. Shurman
Robert Swanagan opened the meeting by thanking all of the guest present for taking an
interest in the activities of the 172 Board by attending the meeting.
The Meeting Minutes for the July 31, 2006 meeting were reviewed for approval. After
review of the minutes Board Member, Clark Askins made a motion that the minutes be
approved as written. Board Member Karen Beerman 2nd the motion. The motion
carried.
Robert Swanagan then passed out written information from 172 Board Member Buddy
Jacobs. Buddy was out of town but had prepared his comments for the other board
members on the meeting discussion topics. Robert included a statement that Buddy
Jacobs had given him verbally because Buddy had not listed it in his written comments.
The statement was: "In consideration of the One- time deferral can the spouse be added if
the retiree is allowed to re-enter the program?"
Discussion Topic #1 Flexible Spending Account:
Michael Dolby asked Neal Welch, "Can it be rolled over?" Neal answered," no it could
not." Michael asked if there was a Cap on the amount? Neal indicated there was a range
of $2,000 to $3,000. George van Dyke asked, "If we use Debit Cards, will it be passed on
to the employees, or will the City pay the cost of $5.50. Also would there be an impact on
Premium Cost? Who would absorb the $5.50 cost? Neal Welch answered, "
The $5.50 cost would be something that would have to be decided by Council and there
would not be an impact on Premium Cost. He also indicated there is a norm of about 15 %
participation in Flexible Spending Accounts by employees. There would be a requirement
for re-enrollment each year, with a start date of January 1, 2007. To educate our
employees we could start communicating with employees in October about FSA and how
they work.
Michael Dolby made a Motion that we recommend to City Council that Flexible
Spending Accounts with the Debit Cards be added to our plan. Karen Beerman 2nd the
motion. The Motion carried.
Discussion Topic # 2 Spouse Eligibility:
It is N/ A because Humana has no way of administering. Therefore, it is a moot point.
Discussion Topic #3 Individual Child Premium Load:
Because ofthe $126.00 average cost per child we do not recommend it. We could make a
5th tier in a 4 tier structure with specific language that says dependent children can remain
on the insurance to age 25 if they are a student and not married.
Discussion Topic #4 10% Cost Savings with Plan Design Changes:
The severe increase in cost for deductibles in each of the four plans would be so
significant that a 10% Cost Savings with Plan Design Changes could not be
recommended by 172 Board Members.
Discussion Topic #5 Deferred Retiree Coverage:
Board members recommended a one-time deferral at the discretion of the Retiree with a
spousal provision as outlined in COBRA. Which is: If a Retiree is carrying their spouse at
retirement then the spouse could re-enter when the retiree re-enters. Currently there are
no rules about spouses in the City's plan. George van Dyke made a Motion that we
recommend this to Council. Clark Askins 2nd the Motion. The Motion carried.
Discussion Topic #6 Retiree OverlUnder 65 Calculations:
The Board recommends to City Council that it remain as it is and not go to a two tier
plan. George VanDyke made a Motion that we leave it as it is. Karen Beerman 2nd the
Motion. The Motion carried.
Discussion Topic# 7 Recruitment Incentive:
The Board recommends both as potential Recruitment Incentives with the City Council
determining which one it wants to adopt, or a combination of both. Michael Dolby made
a Motion that we send both to City Council. Clark Askins 2nd the Motion. The Motion
carried.
Discussion Topic # 8 Retiree Calculations:
The 172 Board recommends the current method of making the Retiree Calculations
continue with clarification of language regarding City budgeted cost and coverage %
discount amount applies only for retirees not dependents. Also, the proposed Calculator
that Neal is developing be implemented to allow any employee to get an estimate of their
insurance cost and their dependents cost at the current year budgeted City cost, and for
one additional year. Karen Beerman made a Motion we continue current calculations
with the specified clarifications. Robert Swanagan 2nd the Motion. The Motion carried.
Robert Swanagan again thanked all of the guest for attending the 172 meeting and
encouraged their attendance at future meetings.
Robert Swanagan adjourned the meeting at 7:15 pm.
CHAPTER 172 EMPLOYEE RETIREE INSURANCE AND BENEFITS BOARD
RECOMMENDATIONS TO CITY COUNCIL FROM THURSDAY, AUGUST 10,
2006 MEETING:
1. Recommends that Flexible Spending Accounts with the Debit Cards be added to
our plan.
2. We do not recommend the Individual Child Premium Load. We could make a 5th
tier in a 4 tier structure with specific language that says dependent children can
remain on the insurance to age 25 if they are a student and not married.
3. We do not recommend the 10% Cost Savings with Plan Design Changes
4. Recommends a one-time deferral at the discretion of the Retiree with a spousal
provision as outlined in COBRA. Which is: If a Retiree is carrying their spouse at
retirement then the spouse could re-enter when the retiree re-enters.
5. Recommends that Retiree OverlUnder 65 Calculation not be used and
remain as it is.
6. Recommends both Incentive Plans as potential Recruitment Incentives with the
City Council determining which one it wants to adopt, or a combination of both.
7. Recommends the current method of making the Retiree Calculations continue
with clarification of language regarding City budgeted cost and that the coverage
% discount amount applies only for retirees, not dependents. Also, the proposed
Calculator that Neal is developing be implemented to allow any employee to be
able to get an estimate of their insurance cost and their dependents cost at the
current year budgeted City cost and for one additional year.
B
REQUEST FOR CITY COUNCIL AGENDA ITEM
Annronriation
Source of Funds: N/A
Requested By:
Account Number: N/A
Department: Plannim!
Amount Budgeted: N/A
Report: _Resolution: _Ordinance:..x...
Amount Requested:
Exhibits:
1. Ordinance
2. Area Map
Budgeted Item: _YES ..LNO
SUMMARY & RECOMMENDATION
As part of the land acquisition for Phase I of the F216-00-00 (Little Cedar Bayou) Watershed
Improvement Project, the City has negotiated a mediated settlement with Cynthia Colvin Trust
(owner of Blocks 793,828 & 829) in which portions of the South 13th Street, West "E" Street and
West "F" Street Rights-of-Way are closed in turn for City acquisition of Blocks 793, 829, and Lots
17-32 of Block 828). A total of 57,700 square feet of City right-of-way is being closed to Colvin
to facilitate her plan for future development. This is the last property acquisition for the
F216-00-00 Project.
In reviewing the closing request, the Public Works Department has indicated that no existing City
utilities are located within the subject right-of-ways. Additionally, each of the City's franchised
utility companies (i.e. Centerpoint Energy, SBC & Time Warner Communication) has received
notification of the closing and each has submitted letters of no objection.
Recommendation:
Staff recommends City Council to authorize the vacating, abandoning, and closing the subject
portions of the West "E" Street, South 13th Street, and West "F" Street Rights-of-Way as
negotiated in the settlement with the Cynthia Colvin Trust.
Action Required of Council:
Consider approval of ordinance to vacate, abandon, and close portions of the South 13th Street,
West "E" Street and West "F" Street Rights-of-Way.
Approved for City Council Agenda
rt- cQc1 -o~
Date
Exhibit No.1
Closing Ordinance
ORDINANCE NO. 2006- OL q I (p
AN ORDINANCE VACATING, ABANDONING AND CLOSING PORTIONS OF
THE WEST "E" STREET RIGHT-OF-WAY, THE SOUTH 13TH STREET
RIGHT-OF-WAY, AND THE WEST "F' STREET RIGHT-OF-WAY, TOWN OF
LA PORTE, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the City COWlcil of the City of La Porte has been requested by the
record owner of all of the property abutting the hereinafter descnbed West "E" Street
Right-of-Way to vacate, abandon, and permanently close the hereinafter described
portions of the West "E" Street, West "F" Street, and South 13th Street Rights-of-Way,
and
WHEREAS, the City COWlcil of the City of La Porte has determined and does
hereby find, detennine, and declare that the hereinafter described portions of the West
"E" Street, West "F" Street, and South 13th Street Rights-of-Way is not suitable, needed,
or beneficial to the public as a public road, street, or alley, and the closing of hereinafter
descnbed portions of the West "E" Street, West "F" Street, and South 13th Street Rights-
of-Way is for the protection of the public and for the public interest and benefit, and that
the hereinafter portions of the West "E" Street, West "F" Street, and South 13th Street
Rights-of- Way should be vacated, abandoned, and permanently closed.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
Under and by virtue of the power granted to the City of La Porte Wlder its
home rule charter and Chapter 253, Section 253.001, Texas Local Government Code, the
hereinafter described portions of the West "E" Street, West "F" Street, and South 13 th
Ordinance No. 2006- ~ )y
2
Street Rights-of- Way are hereby permanently vacated, abandoned, and closed by the City
of La Porte, to wit (as generally illustrated on Exhibit "A" attached hereto and made part
of herein):
1. Tract No.1: That portion of the West "E" Street Right-of-Way (60' wide)
situated between the projected east right-of-way line of the South 13th Street
Right-of-Way and the projected west line of the alleys in Blocks 793 & 828,
Town of La Porte (containing 7,500 sq. ft.).
2. Tract No.2: That portion of the South 13th Street Right-of-Way situated
between Blocks 827 & 828, Town of La Porte (containing 32,000 sq. ft.).
3. Tract No.3: That portion ofthe West "F' Street Right-of-Way (80' wide) being
the north ~ of the right-of-way situated between the projected east line of the
alley in Block 827, Town of La Porte and the projected east right-of-way line of
the South 13th Street Right-of-Way (containing 8,200 sq. ft.).
4. Tract No.4: That portion of the West "F" Street Right-of-Way (80' wide)
situated between the projected east right-of-way line of the South 13th Street
Right-of-Way and the projected west line of the alleys in Blocks 828 & 829,
Town of La Porte (containing 10,000 sq. ft.).
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 confinns such written notice and the contents and posting thereof
Ordinance No. 2006- ~'11 (c,
3
PASSED AND APPROVED, TIDSr!{1)t DAY OF~, 2006.
CITY OF LA PORTE
~lo~~
By:
Alton E. Porter, Mayor
ATTEST:
~;fi~ dfJjj
M GIllett, Ity Secretary
APPROVED: ~
~tf)
Knox W. Askins, City Attorney
PROPOSED CLOSINGS
BY CITY of LA PORTE to COLVIN
WEST "0" ST.
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WEST "G" ST.
CD West "E" St. Closing = 7,500 sq. ft.
CD South 13th St. Closing = 32,000 sq. ft.
eB West "F" St. Closing = 8,200 sq. ft.
CD West T' St. Closing = 10,000 sq. ft.
EXHIBIT "A"
Exhibit No.2
Area Map
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E
REQUEST FOR ClTY COUNCIL AGENDA ITEM
Agenda Date Requested: AU2ust 28. 2006
Appropriation
Requested By: Ray Nnlen
Source of Funds: N/A
Department: EMS
Account Number:
Amount Budgeted:
Report:
Resolution:
Ordinance:
x
Amount Requested:
Exhibits:
Copy of Contract
Budgeted Item: YES NO
Exhibits:
Exhibits:
SUMMARY & RECOMMENDATION
The City has negotiated a new contract with the Port of Houston Authority for Emergency Medical Service at the
Barbour's Cut Terminal for a period of twelve months, in the amount of$2,221.00 monthly. Attached is an
ordinance authorizing the City Manager to execute a contract effective October 1, 2006 with the Port of Houston
Authority for Emergency Medical Service at the Barbour's Cut Terminal.
The current contract expires on September 30, 2006.
The submitted 2006-07 contract is based on a POHlBCT population of 1,535 employees - Total annually
$26,648.00
The Port of Houston Authority will vote in September, 2006 to approve this new 2006-07 contract.
Recommend that council approve the City Manager to execute the new original contract upon its submittal by POH.
Action ReQuired bv Council:
Approve an Ordinance authorizing the City Manager to e:s;ecute a contract with the Port of
Houston Authority for the City of La Porte EMS Division.
Approved for Citv Council Aeenda
ipJjff.: ~Dac1ea If Jiu
g ,- ~ ~ -O~
Date
ORDINANCE NO. 2006-.2..'117
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY
OF LA PORTE AND THE PORT OF HOUSTON AUTHORITY OF BARRIS COUNTY,
TEXAS, FOR EMERGENCY MEDICAL SERVICES, MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte hereby
approves and authorizes the contract, agreement, or other
undertaking described in the title of this ordinance, a copy of
which is on file in the office of the City Secretary. The City
Manager is hereby authorized to execute such document and all
related documents on behalf of the City of La Porte. The City
Secretary is hereby authorized to attest to all such signatures
and to affix the seal of the City to all such documents.
Section 2 .
The City Council of the City of La Porte
officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour, place, and subject of
this meeting of the City Council was posted at a place convenient
to the public at the City Hall of the City for the time required
by law preceding this meeting, as required by the Open Meetings
Law, Chapter 551, Texas Government Code; and that this meeting has
been open to the public as required by law at all times during
which this ordinance and the subj ect matter thereof has been
discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and
the contents and posting thereof.
ORDINANCE NO. 2006-~
PAGE 2
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 28th day of August, 2006
CI~ OF LA PO~
~L-.~
Alton E. Porter, Mayor
By:
fiTTEST:
~!idJ.aJ!J!J
Mart A. Gl t, City Secretary
~ROVED:
~T- / r~w.~-
. ~. ASkins~tt-G~y'
?\4A Fllx No. 2oob- o2~9
CONTRACT
STATEOFTEXAS ~
~
~
KNOW ALL MEN BY THESE PRESENTS:
TIllS CONTRACT made and entered into by and between the CITY OF LA
PORTE, a municipal corporation of Harris County, Texas, hereinafter referred to as "LA
PORTE" and the PORT OF HOUSTON AUTHORITY, a body politic of Harris County,
Texas hereinafter referred to as "PORT",
WITNESSETH:
WHEREAS, PORT is in need of certain governmental services for the benefit of
the people and property at its Barbour's Cut Terminal; and
WHEREAS, LA PORTE is able and willing to provide said governmental
services to PORT, upon the terms, conditions, and covenants herein contained:
NOW, THEREFORE, in consideration of the mutual covenants, agreements, and
benefits to both parties, it is hereby agreed as follows:
I.
For and during the year beginning on the 1st day of October, 2006, and ending on
the 30th day of September, 2007, LA PORTE agrees to furnish to PORT, the emergency
medical services hereinafter more specifically described. This agreement shall remain in
effect after September 30, 2007 until canceled by either party hereto giving ninety (90)
days written notice to the other party hereto.
II.
F or and in consideration of the governmental services to be provided by LA
PORTE, PORT agrees to pay LA PORTE the monthly sum of TWO THOUSAND
TWO HUNDRED TWENTY AND 63/100 DOLLARS ($2,220.63). Such charges are
based on a $17.36 per person fee and are to be paid in full by PORT to LA PORTE, on or
before the tenth day of the month following the month in which such services are
rendered. The total amount of the contract is in the not to exceed amount of TWENTY
SIX THOUSAND SIX HUNDRED FORTY -SEVEN AND 56/100 DOLLARS
($26,647.56).
ANNUAL COST OF CONTRACT ADJUSTMENT- The cost of the contract
shall be based on an Average Daily Population ("ADP") of personnel working at
Barbours Cut Terminal. The cost of contract adjustment shall be calculated by
multiplying the negotiated per person fee by the negotiated ADP for the contract year,
and shall be subject to review and adjustment annually, commencing October 1,2007.
ill.
LA PORTE agrees to provide emergency medical services at PORT's Barbour's
Cut Terminal. LA PORTE shall transport patients to one of the nearest hospitals that
provides emergency services as defined by the transport policy of the City of La Porte
Emergency Medical Services. LA PORTE shall be permitted to charge, to each patient,
its most current and customary Emergency Medical Service charges as adopted by City
Council.
IV.
Sole discretion will rest with the LA PORTE Director of Emergency Medical
Services, or his duly authorized assistants, as to the personnel and equipment that will
answer each emergency medical services request, provided, emergency medical services
protection will be adequate (meaning reasonable protection, considering available
personnel and equipment of LA PORTE's Emergency Medical Services) and dispatch of
personnel and equipment to provide emergency medical services within the corporate
limits of the City of La Porte.
v.
LA PORTE agrees to operate the ambulances in accordance with the requirements
of the State and Federal law, and applicable municipal or county ordinances, as the same
now exists, and as may be amended from time to time hereafter.
VI.
During the term of this Contract and any extension thereof, LA PORTE shall
purchase and keep in full force and effect, public liability insurance on each of its
ambulance units, and professional liability insurance (malpractice insurance) on each of
its employees administering patient care, with minimum limits of ($100,000.00) for each
single occurrence for injury to or destruction of property; ($100,000.00) for each person;
and ($300,000.00) for each accident. LA PORTE shall keep and maintain Workers'
Compensation insurance on its employees. LA PORTE shall maintain collision and
liability insurance on the ambulances, with at least maximum limits of ($100,000.00) for
each single occurrence for injury to or destruction of property; ($100,000.00) for each
person; ($300,000.00) for each single occurrence for bodily injury or death; and
uninsured and under-insured motorists coverage providing at least ($100,000.00) for each
person, and ($300,000.00) for each single occurrence for bodily injury or death.
Notwithstanding the foregoing, LA PORTE shall not be required to obtain insurance in
excess ofliability limits established in the Texas Tort Claims Act, Section 101.001 et seq.
of the Texas Civil Practice and Remedies Code, in cases where said Act is applicable.
The City shall file certificates of insurance coverage with the PORT during the terms of
2
this Contract and any extension thereof. On all said insurance policies, PORT shall be
named as an additional insured.
VII.
Either the PORT or LA PORTE may cancel this Contract, without cause, after
giving at least ninety (90) days written notice to the non-canceling party. Such notice
shall be sent by LA PORTE to the PORT at P.O. Box 2562, Houston, Texas 77252-2562,
Attention: Director of Operations. Such notice shall be sent by the PORT to LA PORTE
at 604 West Fairmont Parkway, La Porte, Texas, 77571, Attention: City Manager.
VIll.
This contract shall become effective at 12:00 A.M. Central Time, on the 1st day of
October, 2006 and shall remain in full force and effect until the 30th day of September,
2007 unless otherwise canceled as provided in paragraph VII above. This Contract is
entered into subject to the Charter and Ordinances of the City of La Porte, and all
applicable state and federal laws.
IX.
This Contract constitutes the entire agreement between the parties and supersedes
all prior contemporaneous communications or agreements, written or oral. This contract
may be amended only by a written instrument signed by all parties. This contract shall be
governed by and construed in accordance with the laws of the State of Texas.
[EXECUTION PAGE FOLLOWS]
3
EXECUTED IN DUPLICATE ORIGINALS, as oftms the ;? ~
!JAr ,200G
AT ST: CITY OF LA PORTE
day of
~~)1/
ity Secretary
By:
PORT OF HOUSTON AUTHORITY
By:
Executive Director
APPROVED AS TO FORM:
APPROVED:
~~M by.
ounsel
FUNDS ARE AVAILABLE TO MEET THIS
OBLIGATION WHEN DUE:
~~~
~~f/cj6
Authorized by Minute No. 'l()O~ - ~'l1~ - 3 J
4
PURCHASE ORDER
PAGE
ORDER DATE
93068
PORT OF HOUSTON
AUTHORITY
P.O. BOX 2562
HOUSTON, TEXAS 77252
PHONE (713) 670-2460
MUST BE SHOWN ON ALL IN
VOICES OR INVOICES WILL BE
RETURNED TO VENDOR
PURCHASE ORDER
NUMBER
FREIGHT
prepaid
TO
1858
CITY OF LA PORTE
ATTN: ACCOUNTING DIVISION
604 WEST FAIRMONT PA.RKWAY
LA PORTE TX 77571
UNITED STATES
SHIP TO
1
09/26/06
EXECl~IVE OFFICE DIVISION
111 EAST LOOP NORTH (EXIT 29)
HOUSTON TX 77029
BUYER
ATTN:
ITEM I
YVETTE HAMM
281 471.5020 247
QUANTITY ~
DESCRIPTION
CURTIS ROSE
713 670-2460
UNIT PRICE I
+------------------------------------------------------------------+
Deliver on september 27, 2006 unle~s ~pecified by line I
Purchase Order Currency: United States Dollars I
Invoice by mail I
PRA BOARD MINUTE # 2006-0918-31 I
PRA FILE # 2006-0299 I
THE PORT COMMISSION AUTHORIZED THIS CONTRACT. THIS CONTRACT IS I
FOR ONE (1) YEAR AND SHALL BE IN EFFECT OCTOBER I, 2006 AND I
ENDING SEPTEMBER 30, 2007, IN THE AMOUNT NOT TO EXCEED TWENTY I
SIX THOUSAND SIX HUNDFED FORTY-SEVEN AND 56/100 DOLLARS !
($26,647.56). I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
******************************************************** I
+------------------------------------------------------------------+
THIS CONTRACT FURNISHES EMERGENCY MEDICAL SERVICES TO THE PORT,
TO BE PROVIDED BY LAPORTE WITH AN AGREED MONTHLY SUM OF
$2,220.63.
LAPORTE AGREES TO PROVIDE EMERGENCY MEDICAL SERVICES AT THE
PORT'S BARBOUR'S CUT TERMINAL.
THI S CONTF.ACT I S ENTERED INTO SUBJECT TO THE CHARTER AND
OF.DINANCES OF THE CITY OF LAPORTE AND ALL APPLICABLE STATE AND
FEDEF.AL LAWS.
********************************************************
**************** A T TEN T ION *******************
This Purchase Order is voidable if vendor violates Texas Water
Code Sec. 60.483, regarding Disclosure Requirements for vendors.
PLEASE REMIT ALL INVOICES TO THE
ACCOUNTS PAYABLES DEPARTMENT
TOTAL
UNDS ARE AVAILABLE TO MEET THIS OBlIGATION WHEN DUE
BV~~~
CONDITIONS ON BACK ARE A PART OF THIS AGREEMENT
ORIGINAL
93068
PAGE
ORDER DATE
2
09/26/06
PURCHASE ORDER
PORT OF HOUSTON
AUTHORITY
P.O. BOX 2562
HOUSTON, TEXAS 77252
PHONE (713) 670-2460
MUST BE SHOWN ON ALL IN-
VOICES OR INVOICES WILL BE
RETURNED TO VENDOR
PURCHASE ORDER
NUMBER
FREIGHT
prepaid
TO
1858
SHIP TO
CITY OF LA. PORTE
ATTN: ACCOUNTING DIVISION
604 WEST FAIRMONT PARKWAY
LA. PORTE TX 77571
UNITED STATES
EXECUTIVE OFFICE DIVISION
111 EAST LOOP NORTH (EXIT 29)
HOUSTON TX 77029
BUYER
ATTN:
ITEM
CURTIS ROSE
DESCRIPTION
TOTAL
+------------------------------------------------------------------+
1
1. 00 EA
EMERGENCY MEDICAL SERVICES
EMERGENCY MEDICAL SERVICE
Vendor Item Number:
Vendor Item Desc:
26,647.56
26,647.56
MEDICAL SERVICE BY CITY LAPORTE
Purcha5e Order Summary
Goods Total:
26,647.56
Order Total:
26,647.56
End of Purchase Order: 93068
PLEASE REMIT ALL INVOICES TO THE
ACCOUNTS PAVABLES DEPARTMENT
S ARE AVAILABLE TO MEET THIS OBUGATlON WHEN DUE
~
B ,~~
CONDITIONS ON BACK ARE A PART OF THIS AGREEMENT
ORIGINAL
F
REQUEST FOR CITY COUNCIL AGENDA ITl:M
Agenda Date Requested: AU2ust 28. 2006
Appropriation
Requested By: Dehra Fea7.elle
Source of Funds:
Department: City Mana2er
Account Number:
Report:
Resolution: X Ordinance:
Amount Budgeted:
Exhibits:
Resolution
~fIn~
Amount Requested:
Exhibits:
Budgeted Item:
N/A
Exhibits
SUMMARY & RECOMMENDATION
The City received a letter from Gene Green, member of Congress, requesting support for efforts
to establish a Buffalo Bayou National Heritage Area.
City Council was briefed on this proposal at the July 26 meeting.
Staff recommends City Council support efforts to establish a Buffalo Bayou National Heritage
Area and designate Stephen Barr as a representative to serve on the heritage area's management
entity.
Action Required by Council:
Consider approval of a resolution on establishing a Buffalo Bayou National Heritage Area and
designate a representative from City Councilor designee to serve on the heritage area's
management entity.
Approved for City Council A2enda
iJA.~~fn:ie~
J' ~d. -OJa
Date
RESOLUTION NO. 2006 - L
A RESOLUTION SUPPORTING THE ESTABLISHMENT OF THE BUFFALO BAYOU
NATIONAL HERITAGE AREA AND TO APPOINT A REPRESENT A TIVE TO SAID
COMMITTEE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the Buffalo Bayou National Heritage Area would bring national recognition to our
area and contribute to the historic and economic development of our nation; and
WHEREAS, to be considered suitable as a National Heritage Area, the Buffalo Bayou National
Heritage Area must be deemed historically, naturally and culturally significant on a national
level; and
WHEREAS, while the initial area stretched from Shepard Drive in Houston, Texas to the
Turning Basin, the National Park Service has determined that our area's contribution on a
national level stems from our energy industry and the historic events that took place during the
Battle of San Jacinto. With the support of the Port of Houston Authority, the expanded area is to
include the Ship Channel and determined the theme of the proposed heritage area to be "The
Energy Capital of the W orId"; and
WHEREAS, local government and industry support for this effort is essential, as National
Heritage Areas are locally-run and require the support and coordination of local stakeholder
groups to be successful. The Buffalo Bayou National Heritage Area: The Energy Capital of the
World would be locally-managed, with federal involvement limited to technical and financial
assistance. Designation would bring up to $1 million per year for ten years for heritage area
activities. However, no federal land protection or additional federal restrictions are provided by
a National Heritage Area designation;
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LAPORTE:
Section 1. That the City Council, on behalf of the citizens of the City of La Porte, supports the
establishment of a Buffalo Bayou National Heritage Area.
Section 2. That the City Council, on behalf of the citizens of the City of La Porte, hereby
expresses its intent to participate in the heritage area's management entity comprised of local
government, industry and community stakeholders.
Section 3. That the City Council, may appoint a representative of the La Porte City Councilor
designee to sit on the heritage area's management entity.
Section 4. That the City Council officially determines that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was posted at a place convenient to
the public at the City Hall of the City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this
meeting has been open to the public as required by law at all times during which this resolution
and the subject matter thereof has been discussed, considered and formally acted upon. The City
Council further confirms such written notice and the contents and posting thereof.
Passed by the City Council this 28th day of August, 2006.
CITY ?Z. LA PORTE0
~L.~~
Alton E. Porter
Mayor
~T:'1A tI ~.
dl ~ I 'I
Martha A. Gillett
City Secretary
mE~
~ T II~~
4~[A//~
Knox W. Askins
City Attorney
GENE GREEN
~..:Jrl~~~ll'TLt: CN t.~t:;I"~\~" 'I: ~.NU '~liii'lr\',,--~(_.t:
[OlHltE5S nf thE Unitril $tatrs
. I
(!~l1lts.e of ~.epr.e5~l1tatiucs
1[ifaslringfun, lilQ[ 2U515-432f1
',',i/.;-:--'-;:;:: - r~ C E
~'-:::,r.~S_ 'JEr::: ;:c,<::. -;:C C'J
::.se lJ. S.:.r.'
COMMITTEE ON STANDARDS OF OFFICIAL
CONDUCT
':':..\:~~ ~:::i
c-!O'.;S-:-CI":, ::.:>:t_S 77 ~if'J
;281:> S99-5279
DEMOCRATiC SENIOR DEPUTY WHIP
DEMOCRATIC REGIONAL WHIP
o
i 1811 1~10 E~.s-;
SUITE 430
HOUSTON, TEXAS 77029
1713) 330-0761
June 12, 2006
o
10 N. GAILLARD
BAYTOWN, TEXAS 77520
(281) 420-0502
VvV'lW. HOUSE. GOV IGREEN
1\.m '2. () 1\i\i\l \ .. ~'\
".,;'"
The Honorable Alton E. Porter
Mayor
City of LaPorte
604 W. Fairmont Parkway
La Porte, Texas 77571-6215
Dear Mayor Porter:
I write to request your support for efforts currently underway to establish a Buffalo
Bayou National Heritage Area to bring national recognition to our area and its contribution to the
historic and economic development of our nation.
~.~-
In 2002, <Longress passed legislation I sponsored authorizing the National Park Service
(NPS) to study the suitability and feasibility of establishing a Buffalo Bayou National Heritage
Area. - To be considered suitable as a National Heritage Area, the study area must be deemed
historically, natUrally aild culturally significant on a national level.
while the initial boundaries of the study area stretched from Shepard Drive in Houston to
the Turning Basin, the National Park Service has determined that our area's contribution on a
national level stems frorn our energy industry and the historic events that took place during the
Battle of San Jacinto. With the support of the Port of Houston Authority, we have expanded the
study area to include the Ship Channel and determined the theme of the proposed heritage area to
be "The Energy Capitalof the World."
Local government and industry support for this effort is essential, as National Heritage
Areas are locally-run and require the support and coordination of local stakeholder groups to be
successful. Upon the NPS' s favorable completion of the study, Iwill draft the implementing
legislation with significant input from local stakeholders. The Buffalo Bayou National Heritage
Area: The Energy Capital of the World would be locally-managed, with federal involvement
limited to techilicalandfinancial assistance. Designation would bring up to $1 million per year
for ten years for heritage area activities. However, no federal land protection or additionaf federal
restrictions are pr()vided by a National Heritage Area designation. Foryour reference, I have
included slides from: a presentation the NPS delivered to the leadership of the Port of Houston
Authority upon receiving its support for this project.
PRINTED ON RECYCLED PAPER
<1')~11
,):::..C
;l.!nc ].=. _,
is ccrre11l1v \\(T g:o gain SUPPOlt S pf\JJect c:'mmunities ~,nd
industries along the Houston Ship CbanneL including the East Hanls County Chemical
Manufacturers' Association (EHC:r-'1A). To ensure that all major stakeholder interests are
represented in the activities of the heritage area, I have pledged that the heritage area's
management entity be comprised of local government, industry and community stakeholders. To
that end, I would invite you or a representative of the LaPorte City Council to sit on the heritage
area's management entity. I would also request that the LaPorte City Council approve a
resolution to show the city's formal support of the establishment of the Buffalo Bayou National
Heritage Area.
Thank you in advance for your consideration of these requests. If you have any questions
or would like to discuss this issue further, please do not hesitate to contact me, or Lantie Slenza.k
of my Washington, DC staff, at (202) 225-1688.
sinccre1Y' 1/1
f/ tf
/4//. ~
Gene Green
Member of Congress
GG:ls
,1National Heritage Areas:
An Introduction
-
~,
. . . and caring for
westenl wildenless
parks such as
Yellowstone where
.. millions"of
Americans and
international visitors
head for memorable
family vacations...
..-.~,
:Gy'c~~our missi~n "...tg
'~ii~~il~lil~~;~
provl(leJo:L'Jll.~}~, . . .. k-
OrgairicACt;'T~lB'j':" ....
2
~~~.
.. ~,
· The first National
/Bo:~lj?ge 9smdor--1984
· \It'$jfuiaffiiii11i~d unit of
;t't~~~~'~;;';:'Jj~1J;~te p~ople;i
'-cOhimu~ tc{live and
work in the historic
landscape."
",7."N1I,A Study bills. ..._.
. ..-:,i'__~-Trail of the Aricients (Four
Cqmer$~egion)ri
. ~,;. ",:'
,..;,'f-
~~,~-- ~ "-c-
i~,
~.,
4
Not a traditional unit of the
National Park Service
-'--'.' N?t$naged by the NPS
. ' . , .
,-',N"9X~~da,cqvi.~ition by the
'~i~:;"~~;~~~~mI;@1)ff~riment
..;{~;~~~~~1~~~o~~~agement
.. . -}~;:' :~:,,;~~-;.:::~~~ "-~:; ~ ....'-~ .
Not top down
Role of the NPS is defined
by the local management
entity,
'-. .
- .
. .' '. .' ,
it.~~l/lilflll/lt~
.....{ a yit!!::EJfect ~~:LaniI UseAutb.oriiY:'Noiliingm:i1i~ Act modifi~s;en1aTges, or . ," ,
. alltJ{orift9fFeci~i3.I;siate, orlocal gO,vermnc:nt to regulate any, ~(j ()flamj. under, ~yotl).
(iiit!u~grf4uf~~?ns)~'.::~::"" ':,' . ','. .,..": ,'. ;r':>'/~',
(b) N6 Zoiilng or Land Use Powei's~ Nothing m this Act gJ."ants powers of zoiUng or Ian
to t,he1\lli<lIJ~e,..... .' . " ;.'A7?i!~;Li+.....;' ..,,). W,;(!::;',\(}.' .,- . . .,"" 'D~."~~"
(c). L?c3I Authority ami PD:r~t~.~ioIie~,~()~ Affe~l:e~;.li(}t~gil!this Actatfeqts, o~
~1:r~~l!!:~~~~t::~pjl~"~',iti,~il~~~
~:'
~
strategy and plan that assists local, regional,
federal governments and non-profit
. - -'
" . " 'C_,.n
. . .c..... ......_ '........... .
Idepti[YlliiSulN,EhI ~du~tu,ral resources
. ~;. ',' ';:,:''- .- ::i{"- - c' - u'. -. ',"n .
ConseiYio.gl\i~tbriCal,p.afur~.and scenic
resources
;<. " .'" " ":--'"" '::' :'.- - ".;',
Creatlllg inteIpreti.ye exhibits.
"... ...... '- -.-"' .
. . ....,... - ',C.- - . '.-
__ ."d _ , . '_'.'~' :_, _ ,"' ,', .: :"" ,"." . . _ _ .~.
Developing recreationa.lopportimities
Restoring historic structures
Increasing public awareness of cultural and
natural resources
T m
.......'"
'OUNON. l~ . ;::"~ @ ~
"~Q'tNCR~ I ~ DAI:\UERCUR"lSLES ~ ~~
...,
6
Wl~l1! ~ - ~~- --~~~~~~~~?:
.;~ 'I' ."\.. ~~I7PZi1t~'E:-'..N
_ ~~ ~,;; '- _ ---:- ~ ~ __ _ ~~_-~~-~'~t-
~,'l'Iro:: ...~. 1__f'c.J_ I _)0- H<l: 'd. ON .1. ,..~,h.. F_ ~'d ~*
. Became the!'Silico.n Valley of the early 20th
century, . .. .'. i
. ~~':'.,_ ,:.,~. . 1.... - c. ". _.-' _ _', . .
, '\.PerfecteC!\t~'e:,a~$~~bIYU~~.ai1dJnass production
of vehicle m~nuf~cWj-ing:>, .
'Generated thoLisaHCI~ofdesign, technological and
production In'nc>vations that impacted industi-y on a
global scale
'Benefited generations of Americans in pursuit of
the American Dream
Ijeritage Experiences -- things to do
. ;..HeritageSites-- things to see
::8etIf~ge products --things to buy
H~ritage Food -- things to eat
. ; Heritage Lodging-- places to stay
. Authenticity, Education,
PreserVation
~
i
-Non-Profit Corporations
-Federal Commissions
-t\!9n-Profit foundations
-Statej\gencies
-gourltY/Munic. ipal governmental authorities
- Tribal'Govenlments
~~
'A~'s~mblags of natural, historic, cultural, educational, scenic
:,'1;rec~~ational resources that togetherar~ nationally important
:f~s~;b~~f'ci~eoftheu.s;; . c~/
;;,R~,~e.gt~ tr~ditio~s: cu~tpms, beliefs, and folklife that are a valuable part
:'.><h~tiooar~t8.ry;': ~:~<<-::. : ".'-,-..-
";. ;'::i:::
.. - '."':<-" ~
,:',;15 ~est m'1hage.cli~rougfrpClrtnerships among public and private E:lntitie~
.:;"<;>fregi<:lnal,le,Y~IS.' '
:l~~}bVjd~~:J'~t~t~ridln~opportuniti~S to conserve natural, cultural, and hist
"'scenIcfeatlires; ". " """
..........
8
2P~~~~JB,~eritag~~ 1;\~~~~:f~J9S
~~ft~~()pgressional AuthorizCi!ion of a Sp,ecial Resource St
~~f~:ti':" ,~~~~~~;~G~ -
(:J&~1]~;~',)rC;;!,f;'~~;~~tinonstration of widespread pub
. 'it~t~J:~~!I'tlt~~~;~-t~neC~~i~~S;~~:r~~~~ts,
,,-"""" ' f:)O~Wi'~~se.~:ri9h:" profits and local citizenry.
Congressional Authorization establishes new Heritage Area
. I
~.
Role of National ParkSerVice
-Assist with Feasibility Studies
-Determine National Significance
~Assist withResource Identification and
C'ohs~rVatiiJh' . , ,
-Encourage Local Support and Involvement
~"
Assistance "
-~t5 million in NHA Program
. Bill " ,
-$1 leveraged $12 non-feder
'~,';:f":' :~}"f ",:.' ;._",:"=: .;.);'.,/:;_<.~_,;~:c: ~::"_'-;_': .'
Cach'e'lcr p'o'udre' River ct~rrr
~,
10'
Blue Ridge NHA, NC
Buffalo Bayou National Heritage Area Study
Buffalo Bayou National Heritage Area Study Act Passed Congress on December 16,
2002
The study remained unfunded until FY 05; to date the study includes:
. Statement of National Historic Importance and national historic themes
. Survey and Inventory of Cultural Resources
. Survey and Inventory of Natural Resources- draft
. Survey of Recreational Resources- draft
. Survey of Ethnographic Resources- draft
11
....-..,-.
-
12
G
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Reqne"ed: 8-28-06 'fi!it
Requested By: Richard K Reff /Q c
Bud!!et
Source of Funds:
Department:
PQlil:e Dep:ntmellt
Account Number:
Report:
Resolution:
Ordinance:
/
Amount Budgeted:
Exhibits:
Agreement with L.P .I.S.D. for
SCh:t t:1~ & DARE Officers
ell ~ ~
Amount Requested:
Exhibits:
Budgeted Item: YES
NO
Exhibits
SUMMARY & RECOMMENDATION
Request is made that City Council approve the City Manager to execute an agreement with the La Porte Independent
School District for providing the District with four (4) School Resource Officers and one (1) DARE Officer. As in
previous agreements this agreement is for three (3) years, with a provision for extension of the agreement. The
agreement provides for the reimbursement of funds for these positions for the designated number of days per school
year.
Action Required bv Council:
Approve the execution of the contract by the City Manager.
J/r2d -O~
Date
---
\/'t
ORDINANCE NO. 98-2224 B
AN ORDINANCE APPROVING AND AUTHORIZING A LAW ENFORCEMENT
SERVICES AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE LA
PORTE INDEPENDENT SCHOOL DISTRICT; MAKING VARIOUS FINDINGS
AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE
HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
The City Council hereby approves and authorizes the contract,
agreement, or other undertaking described in the title of this ordinance, in substantially
the form as shown in the document which is attached hereto and incorporated herein by
reference. The City Manager is hereby authorized to execute such document and all
related documents on behalf of the City of La Porte. The City Secretary is hereby
authorized to attest to all such signatures and to affix the seal of the City to all such
documents.
Section 2.
The City Council officially finds, determines, recites, and declares
that a sufficient written notice of the date, hour, place and subject of this meeting of the
City Council was posted at a place convenient to the public at the City Hall of the City
for the time required by law preceding this meeting, as required by the Open Meetings
Law, Chapter 551, Texas Government Code; and that this meeting has been open to the
public as required by law at all times during which this ordinance and the subject matter
thereof has been discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the contents posting
thereof.
ORDINANCE NO. 98-2224 H
Section 3.
This Ordinance shall be effective from and after its passage and
approval, and it is so ordered.
PASSED AND APPROVED, this 28th day of August, 2006.
CITY OF LA PORTE
By:~~L~
Alton Porter
Mayor
ATTEST:
-
L kYlll'l1i ~ a ' fLw)
~llett
City Secretary
APPROVED:
~/~
ark T. Askins ' A(j
City Attorney
AGREEMENT
STATE OF TEXAS {
{
COUNTY OF HARRIS {
WHEREAS, this Agreement is made and entered into by and between the LA PORTE
INDEPENDENT SCHOOL DISlRICT, hereinafter called "DISlRICT", and the CITY OF LA
PORTE, a Texas Municipal Corporation, hereinafter called "CITY".
WIT N ESE T H:
WHEREAS, DISTRICT desires to have the Chief of Police of the City of La Porte,
hereinafter called "CHIEF", authorize and direct five (5) of CITY's patrol officers, hereinafter called
"PATROL OFFICERS", to devote those officers' working time to the District Schools, during the
normal school year, including teacher work days; and
WHEREAS, DISlRICT is willing to pay the CITY an agreed amount equal to the cost to
the CITY for supplying law enforcement services, including salary and any additional expenses the
CITY may incur in providing these services, so as to enable the PATROL OFFICERS assigned by
the CHIEF to provide those services;
NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to
both parties, it is AGREED as follows:
I.
The CITY agrees to authorize the CHIEF to assign PATROL OFFICERS to provide law
enforcement services to La Porte Schools. As used herein, the phrase "working time" means the
usual or normal hours that the PATROL OFFICER is required to work in any calendar month and
does not include any extra overtime work. The time the PATROL OFFICERS are on duty within
the area of the schools, the time the PATROL OFFICERS are in court in connection with cases
arising out of events occurring within the area, the time the PATROL OFFICERS spend in
preparing reports and documents pertaining to events occurring in the area, the time the PATROL
OFFICERS spend transporting persons arrested in the area to jail, the time the PATROL
OFFICERS spend investigating crimes or possible crimes committed in the area, and the time spent
in any and all activities related to performing law enforcement services for the DISlRICT shall be
deemed working time. The items listed above are explanatory and the meaning for "working time"
is not limited to said list.
II.
The DISTRICT agrees to pay to the CITY the sum of $207,078.08 ("Base Amount") for
assignment of five (5) PATROL OFFICERS to the DISTRICT, for the first school year included in
this agreement. The Base Amount is based on four (4) officers working eight (8) hours each day,
for 181 days in the school year, and one (1) D.A.R.E. PATROL OFFICER working 724 hours in
the school year, and shall serve as compensation for the working time of said PATROL
OFFICERS. The Base Amount shall remain consistent for the first year, except as otherwise
provided under this agreement, but said Base Amount shall increase to the sum of $210,128.24 for
school year two, and further increase to the sum of $213,310.85 for school year three, of this
agreement. Said increases of the Base Amount shall include and incorporate the PATROL
OFFICERS' structured pay raises for school year two and three under this agreement, as indicated
in the salary schedule of payment attached as Exhibit A to the agreement and incorporated by
reference for all purposes.
The DISTRICT further agrees that the Base Amount, and/or the increases to Base Amount
for school years two and three as specified in the preceding paragraph and on Exhibit A to this
agreement, may be increased by a factor equal to any Consumer Price Index - Urban (CPI-U)
increases, for each year thereafter, using January 2006, as a base. The CITY shall notify the
DISTRICT of any increases at least thirty (30) days prior to the effective date of the proposed
increase.
The CITY agrees to provide to the DISTRICT an invoice, at the beginning of each semester,
setting forth the costs for providing the law enforcement services to the DISTRICT. The
DISTRICT agrees to reimburse the CITY the cost as set forth in the invoice within thirty (30) days
of the date of such invoices. If the DISTRICT, for any reason disputes any items in any invoices
submitted by the CITY, the DISTRICT shall promptly notify the CITY of the dispute and request
clarification and/or remedial action. The decision of the CITY regarding all disputes involving the
cost for providing PATROL OFFICERS shall be final. Payment shall be made to the City of La
Porte, Attention: Finance Director, 604 West Fairmont Parkway, La Porte, Texas 77571. Invoices
sent by the CITY shall be addressed to La Porte Independent School District: Attention: David
Drake, Business Office, 301 East Fairmont Parkway, La Porte, Texas 77571. Either party hereto
may change its address for the purposes of this agreement by giving written notice of such change
in the manner provided for in this agreement.
ID.
The term of this agreement shall be for each school year, as determined by the DISTRICT,
commencing August 7, 2006, for the 2006-2007 school year, and ending on the final day of school
in the year 2009, and shall include an option to extend this agreement for an additional two (2)
years, with the same terms and conditions, upon the express written approval of the CITY and the
DISTRICT. It is expressly understood and agreed that the period or term of this agreement may be
terminated with or without notice by the CITY at any time after the DISTRICT has defaulted OIl
any payment of any obligation hereunder. Payments hereunder shall be pro-rated to effective date
of cancellation.
Any notice permitted or required to be given in this paragraph to the DISTRICT shall be
given by registered or certified United States mail, postage prepaid, return receipt requested, and
addressed to the DISTRICT at 301 East Fairmont Parkway, La Porte, Texas 77571.
Any notice permitted or required to be given in this paragraph to the CITY shall be given by
registered or certified United States mail, postage prepaid, return receipt requested, and addressed
to the CITY, Attention: City Manager, at 604 West Fairmont Parkway, La Porte, Texas 77571.
N.
It is expressly understood and agreed that any PATROL OFFICERS assigned to work at the
DISTRICT shall be subject to the exclusive control and supervision of the ClllEF and to the same
extent as all other PATROL OFFICERS, and shall have no duty or obligation to the DISTRICT
other than those duties or obligations which the PATROL OFFICERS would have to the public
generally, to enforce state laws and CITY ordinances, specifically, PATROL OFFICERS shall not
be required to enforce DISTRICT rules and regulations. The CHIEF shall set the working times
(hours and days) for the PATROL OFFICERS after consulting with a designated agent of the
DISTRICT.
V.
It is expressly agreed and understood between the DISTRICT and the CITY, that if, in the
opinion of the CHIEF, it is necessary to use the PATROL OFFICERS assigned to carry out this
agreement for other duties due to an emergency, or other reasons as determined solely by the
CHIEF, that the CHIEF may temporarily suspend the assignment of PATROL OFFICERS to
comply with this agreement. It is, however understood by both the CITY and the DISTRICT that
the DISTRICT will be credited on a pro-rata basis for charges hereunder if an officer is temporarily
assigned to other duties at the direction of the CHIEF.
VI.
Both parties mutually agree that the CITY is an independent contractor, and shall have
exclusive control of performance hereunder, and that employees of the CITY are in no way to be
considered employees of the DISTRICT.
VII.
Should any litigation be commenced between the parties hereto concerning this agreement,
or the rights and duties of either party in relation thereto, the party prevailing in such litigation shall
be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for its
attorney's fees in such litigation. Nothing in this paragraph shall be construed so as to limit or
waive the sovereign immunity of either the CITY of the DISTRICT.
VITI.
This agreement shall be construed under and in accordance with the laws of the State of
Texas, and all obligations of the parties hereunder shall be performed in Harris County, Texas.
IX.
If any one or more of the provisions contained in this agreement shall for any reason be held
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceabillty
shall not affect any other provision thereof and this agreement shall be construed as if such invalid,
illegal, or unenforceable provision had never been contained herein.
x.
This agreement constitutes the sole and only agreement of the parties hereto and supersedes
any prior understanding of written or oral agreements between the parties respecting the subject
matter within.
XI.
No amendment, modification, or alteration of the terms hereof shall be binding unless
submitted in writing, dated subsequent to the date hereof, and duly executed by both parties.
XII.
Neither party to this agreement may assign their rights, duties, or interests without first
obtaining the written consent of the other party. Consent to one assignment shall not be deemed to
be consent to any subsequent assignment. An assignment without the written agreement of both
parties, or an assignment by operation of law, shall be void, and shall, at the option of either party,
terminate this agreement.
IN WITNESS WHEREOF, the undersigned DISTRICT and CITY hereto execute this
agreement effective on this 14th day of August, 2006.
By:
CITY OF LA PORTE
Gt~ OJ ~
Debra F eazelle
City Manager
/ . I .
.i/~
ATTEST:
By: '-1!1. MtA~ II eAld
artha A. GIllett
City SecretaIy
By:
APPROVED:
~T~
City Attorney
By:
By:
LA PORTE INDEPENDENT
SCHOOL DISTRICT
~
~~b~
President
Board of Trustees Kathy Green
La Porte Police Department
LPISD Officers for School Year
DARE Officer 1 Semester
Year 1
Blakemore Persails
Novosad
Larkey
Stanley
LPISD #1 LPISD #2 LPISD #3 LPISD #4 DARE
Wages 35678.72 35678.72 30494.88 31711.20 17158.08
FICA 2729.42 2729.42 2332.86 2425.91 1312.59
Health 4849.03 4849.03 4849.03 4849.03 2483.57
Life 25.47 25.47 25.47 25.47 25.47
TMRS 4620.39 4620.39 3949.09 4106.60 2221.97
Work/Comp 781.36 781.36 667.84 694.48 375.76
48684.40 48684.40 42319.16 43812.68 23577.44
Total Year 1
$ 207,078.08
Year 2
LPISD #1 LPISD #2 LPISD #3 LPISD #4 DARE
Wages 35678.72 35678.72 31711.20 32985.44 1 71 51 .56
FICA 2729.42 2729.42 2425.91 2523.39 1312.09
Health 4849.03 4849.03 4849.03 4849.03 2483.57
Life 25.47 25.47 25.47 25.47 25.47
TMRS 4620.39 4620.39 4106.60 4271.61 2221 .13
Work/Comp 781.36 781 .36 694.48 722.38 375.62
48684.40 48684.40 43812.68 45377.32 23569.44
Total Year 2
210,128.24
Year 3
LPISD #1 LPISD #2 LPISD #3 LPISD #4 DARE
Wages 35678.72 35678.72 32985.44 34303.12 1 71 51 .56
FICA 2729.42 2729.42 2523.39 2624.19 1312.09
Health 4849.03 4849.03 4849.03 4849.03 2483.57
Life 25.47 25.47 25.47 25.47 25.47
TMRS 4620.39 4620.39 4271.61 4442.25 2221 .13
Work/Comp 781.36 781.36 722.38 751.24 375.62
48684.40 48684.40 45377.32 46995.30 23569.44
Total Year 3
$ 213,310.85
3 YEAR TOTAL
$630,517.17
--
,-
-'
----
~-fevYl pvtll-eu/
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: AU2ust 28, 2006
Appropriation
Requested By: Cynthia Pearson
Source of Funds: N/A
Account Number: N/A
Department: Finance
Report:
Resolution:
Ordinance:
xx
Amount Budgeted: N/A
Exhibits:
Budgeted Item: YES
Amount Requested: N/A
NO
Exhibits: Public Hearing Notice
Exhibits:
SUMMARY & RECOMMENDATION
The City Council held budget workshops on August 14 through August 16, 2006 to discuss proposed budgets for the
fiscal year beginning October 1,2006 and ending September 30, 2007.
The Summary of Funds, which is shown below, represents the result of the workshops held with City Council. All
changes made by Council were incorporated into the various budgets.
Revised 2006
$ 27,280,748
1,279,794
729,233
140,728
740,060
36,000
6,566,704
248,516
10,043
1,032,067
1,158,149
2,397,651
4,460,139
955,839
1,509,497
3,551,579
262,643
1,204,600
1,566,623
1,638,036
320,457
1,008,299
10,191,600
5,700,000
1,200,000
449,650
2,421,752
292,712
771,719
$79,124,838
General Fund
Grant Fund
Hotel/Motel Occupancy Tax
Community Investment
La Porte Development Corporation
Tax Increment Reinvestment Zone
Utility
Sylvan Beach
Airport
La Porte Area Water Authority
Golf Course
Motor Pool
Insurance Fund
Technology Fund
General Capital Improvement
Utility Capital Improvement
Sewer Rehabilitation Capital Improvement
1998 General Obligation Bond Fund
2000 General Obligation Bond Fund
2002 General Obligation Bond Fund
2004 Certificate of Obligation Bond Fund
2005 Certificate of Obligation Bond Fund
2005 General Obligation Bond Fund
2006 Certificate of Obligation Bond Fund
2006 General Obligation Bond Fund
Transportation & Other Infrastructure Fund
General Debt Service
Utility Debt Service
La Porte Area Water Authority Debt Service
Total of All Funds
There is no change in the Tax Rate, which has remained constant for the last eighteen years.
Proposed 2007
$ 28,161,818
347,491
454,346
138,000
832,180
36,720
6,798,512
208,360
190,248
1,631,110
1,193,500
1,457,154
4,375,688
1,289,149
402,950
1,230,000
330,000
6,000
170,000
o
o
675,000
459,400
260,000
o
o
2,798,294
494,328
760,700
$54,700,948
Action Reauired bv Council:
#7 Conduct Public Hearing
#8 Please adopt Ordinance approving Fiscal Year 2006-07 Proposed Budget.
Aooroved for City Council A2enda
d)H~j?ty~aJ~
j-;J3-()k
Date
City or La Porte
Interoffice Memorandum
FROM:
Mayor and Council . J
Shelley Wolny, Budget Officer 1'1)
TO:
DATE:
August 23, 2006
MagiL
SUBJECT:
Changes from Budget Workshops
Please find attached a summary of changes from the budget workshops. The top section of the spreadsheet
reflects changes to the General Fund that were recommended by Council. Among these changes are the
adjustment to Council lease and maintenance fees, enhancement to annual retreat costs, the relocation of City Hall
janitorial expenditures (no budget impact), the deletion of five year vesting, enhancement to customer service
training and the addition of garbage bags to sell, which will impact both the expenditures and revenues.
The second section reflects changes that were brought forth by staff. As previously discussed, these changes
include: a reduction in professional services in Criminal Investigation for lab fees, the deletion of the Assistant
City Manager position in Finance, the adjustment to attrition, an increase in electrical costs and an adjustment to
revenues. Since the workshops, staff has had a chance to revisit the revenues and has made adjustments based on
current year's actual numbers using two more months of data. The revenue adjustment includes an increase in
sales tax revenues, an increase for gas and cable franchise fees, and increase in the mixed beverage tax and an
adjustment for the Fire Contract revenues. Additionally, another $150,000 has been added for the implementation
of the compensation study. The study has been delayed so the final amount is not known yet.
An additional request is included for a transfer of $153,915 from the General Fund to Fund 043 for the EMS
Remodel. This item will also be on the agenda.
Lastly, the spreadsheet shows an adjustment for the Golf Course operations and the increase in the Chamber
Contract.
All of the above mentioned changes have been made to the Proposed Budget. Please contact me if you have any
questions.
Changes from Budget Workshops
City Council Changes
Affect on Budget
Computer Lease & Maintenance Fees in City Council Budget
Annual Retreat in City Council Budget
Janitorial- Move from Administration into Non-Departmental
Five Year Vesting
Customer Service Training
Garbage Bags - Purchase of additional rolls to sell
Garbage Bag - Additional Revenues (Overhead)
Net Affect of Council Changes
(6,170)
5,000
(6,168)
5,000
10,000
1,040
6,622
Staff Changes
Affect on Budget
Chief Reff - Reduce Other Professional Services in Criminal Investigation
Deletion of Assistant City Manager Position
Attrition
Attrition - Historical Average
Electricity - projected increase
Additional Money for Compensation Study Implementation
(up from $400,000 to $550,000)
Revenue Increases
(35,000)
(134,654)
150,000
(238,604)
247,800
150,000
130,291
Net Affect of Staff Changes
9,251
Total Changes to General Fund
15,873
Other Changes
Increase Chamber Contract - Hotel/Motel Fund
Increase Golf Course Expenditures (Operations)
30,000
50,000
FY 2006 - Additional Funding for EMS Remodel
(Funding to come from General Fund)
153,915
5J { f1/1 feA II ~t
ORDINANCE NO. 06- /Lq 18
AN ORDINANCE APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF LA PORTE, TEXAS,
FOR THE PERIOD OF OCTOBER 1, 2006 THROUGH SEPTEMBER 30, 2007; FINDING THAT ALL
THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT
OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
WHEREAS, the Charter of the City of La Porte, Texas, and the Statutes of the State of Texas, require that
an annual budget be prepared and presented to the City Council of the City of La Porte, Texas, prior to the
beginning of the fiscal year of said City, and that a public hearing be held prior to the adoption of said
Budget; and
WHEREAS, the Budget for the fiscal year October 1,2006, through September 30,2007, has heretofore
been presented to the City Council and due deliberation had thereon, was filed in the office of the City
Secretary on July 24, 2006, and a public hearing scheduled for August 28, 2006 was duly advertised and
held.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
SECTION 1: That the Budget for the City of La Porte, Texas, now before the said City Council for
consideration, a complete copy of which is on file with the City Secretary and attached hereto by reference
as Exhibit "A", is hereby adopted as the Budget for the said City of La Porte, Texas, for the period of
October 1, 2006, through September 30,2007.
SECTION 2: Be it FURTHER ORDAINED, that the said City Council finds that all things requisite and
necessary to the adoption of said Budget have been performed as required by charter or statute.
SECTION 3: The City Council officially finds, determines, recites and declares that a sufficient written notice
of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to
the public at the City Hall of the City for the time required by law preceding this meeting, as required by the
Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the
public as required by law at all times during which this Ordinance and the subject matter thereof has been
discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
SECTION 4: This Ordinance shall be in effect from and after its passage and approval.
PASSED AND APPROVED this the 28th day of August, 2006.
CITY OF LA PORTE, TEXAS
Alton Porter, Mayor
ATTEST:
Martha Gillett, City Secretary
u;;;
T~~~wl~
Knox Askins, City Attorney
.-
.-
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Au!!ust 28. 2006
Appropriation
Requested By: Cynthia Pearson
Source of Funds: N/A
Department: Finance
Account Number: N/A
Report:
Resolution:
Ordinance:
xx
Amount Budgeted: N/A
Exhibits:
Amount Requested: N/A
Exhibits:
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
The Fiscal Year 2006-07 Budget was built around an increase to Water and Sewer rates. This entails
increasing the base residential water rates from $6.95 to $7.95, and base residential sewer rates from
$6.75 to $8.25.
Sewer Rates
2005-2006
6.75
2006-07
8.25
Water Rates
2005-2006
6.95
2006-07
7.95
Staffis also recommending that the cap for sewer rates be increased to $35.00.
Action Required bv Council:
Approve Ordinance increasing the Water and Sewer rates.
)/-- J ?) -- {j~
Date
J--I(l iI11 furl! (1
ORDINANCE NO.
~~31- L
AN ORDINANCE AMENDING APPENDIX A - FEES, CHAPTER 74, nUTILITIEsn,
SECTIONS 74-246 AND 74-276, OF CODE OF ORDINANCES OF THE CITY OF LA
PORTE, BY AMENDING THE FEES ESTABLISHED THEREIN TO READ AS PROVIDED
HEREIN, 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.
Appendix A - Fees, Chapter 74, "utilities" ,
Article III, "Water and Sewer Service Charges", Division 2 "Water
Service Rates and Charges, Section (a) "Water service rates",
Subsection (1) "Residential Use", is hereby amended and shall
hereafter read as follows, to-wit:
"(a) Water service rates
74-246
(1) Residential use: A minimum charge,
per month. . .
7.95"
Section 2.
Appendix A - Fees, Chapter 74, "Utilities" ,
Article III, "Water and Sewer Service Charges", Division 3, "Sewer
Service Rates and Charges", Section (a) "Rates for sewer service",
Subsection (1) "Residential Use", is hereby amended and shall
hereafter read as follows, to-wit:
"(a) Rates for sewer service
74-276
(1) Residential use: A minimum charge,
per month. . .
8.25"
Section 3.
Appendix A - Fees, Chapter 74, "Utilities" ,
Article III, "Water and Sewer Service Charges", Division 3, "Sewer
Service Rates and Charges", Section (a) "Rates for sewer service",
Subsection (4) "Volume", Subsection (e) "Computation of volume
based on water purchased", Subsection (1) "Residential", is hereby
amended and shall hereafter read as follows, to-wit:
"1. Residential:
The volume of sewage treated
shall be based on 85 percent
of the resident's water volume
billed each month. However the
maximum residential charge will
be limited to.. .
35.00"
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 7.
This Ordinance shall be effective beginning
business hours on October I, 2006, pursuant to its passage and
approval.
PASSED AND APPROVED, this ____ day of
CITY OF LA PORTE
, 2006.
By:
Alton E. Porter
Mayor
2
ATTEST:
Martha A. Gillett
city Secretary
APPROVED:
frd~ r ~
C ark T. Askins
Assistant City Attorney
3
;LOb {
'l[ f'nr~~1
f i . {. l~,JL ~
ORDINANCE NO. 1666-2
AN ORDINANCE AMENDING CHAPTER 74 UTILITIES, SECTION 74-246 AND
SECTION 74-276, AND FURTHER AMENDING APPENDIX A-FEES OF THE CODE
OF ORDINANCES OF THE CITY OF LA PORTE, SECTION 74-246 AND SECTION
74-276, BY AMENDING THE FEES ESTABLISHED THEREIN TO READ AS
PROVIDED HEREIN; 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. THE CODE OF ORDINANCES OF THE CITY OF LA PORTE IS
HEREBY AMENDED, BY AMENDING SECTION 74-246 AND SECTION 74-276, AND
APPENDIX A-FEES OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE,
WHICH SHALL HEREAFTER READ AS FOllOWS, TO WIT:
"Sec. 74-246. Enumeration.
The City Council of the City of La Porte establishes the following charges for
utility service in the City of La Porte.
(Code 1970, ~ 26-11; Ord. No. 1607. ~ 1,9-26-88; Ord. No. 1666, ~ 1,9-11-89)
"Sec. 74-276. Enumeration.
Rates shall be applicable for sewage treatment by the city, computed on a monthly
basis in amounts established by the city and listed in appendix A of this Code.
(Code 1970, ~ 26-15; Ord. No. 1607, ~ 2, 9-26-88; Ord. No. 1666, ~ 2, 9-11-89; Ord.
No. 1671, ~ 1, 12-11-89; Ord. No. 1748, ~ 1, 3-25-91; Ord. No. 97-2194, ~ 1, 9-8-97;
Ord. No. 98-2278, ~ 1,9-14-98)
APPENDIX A-FEES*
Description
Amount
Section
this Code
Chapter 74. Utilities
Article II. Industrial Waste
Division 3. Public Sewer Use
Subdivision I. In General
(a) Application fee for wet industry classification permit.... 25.00
Ordinance NO. 1666-2
Page 2
Article 11/. Water and Sewer Service Charges
Division 1. Generally
(a)
Collection cost of lien for delinquent utility bill....
50.00
Division 2. Water Service Rates and Charges
(a)
Water service rates
(1 )
Residential use: A minimum charge, per
month....
6.00
(2)
Apartment units, duplex units, individual
mobile homes in mobile home parks, with
units not individually metered for water: A
minimum charge per month, per living
unit....
5.35
(3) Commercial and industrial use: A minimum charge per
month shall be made in accordance with the size of the
meter utilized to measure service to the customer in
accordance with the following schedules
a. 3/4-inch meter, or smaller 9.35
meter.. ..
b. 1-inch meter.... 12.85
c. 11/2-inch meter.... 22.75
d. 2-inch meter.... 36.65
e. 3-inch meter.... 76.35
f. 4-inch meter.... 131.85
g. 6-inch meter.... 290.60
h. 8-inch meter or larger.... 512.80
74-101(c)
74-224(c)
74-246
Ordinance NO. 1666-2
Page 3
(4) Volume charges
(b)
a. Each minimum bill of residential, commercial and
industrial shall include 2,000 gallons of water per
month.
b. Each minimum bill of apartment units, duplex
units, individual mobile homes in mobile home
parks, with units not individually metered for
water, shall include 2,000 gallons of water per
unit per month.
c. Each additional 1,000 gallons used by a
customer each month shall be charged
in accordance with The following schedule:
1.
For the next additional 8,000
gallons exceeding 2,000
gallons (per 1,000 gallons)....
2.08
2.
For the next additional 15,000
gallons exceeding 10,000 gallons
(per 1,000 gallons)....
2.30
3.
Each additional 1,000 gallons
consumed exceeding 25,000
gallons (per 1,000 gallons)....
2.65
d. The volume charge to commercial and
industrial shall be in accordance with the
schedule in volume charges, (4)c.
e. The volume charge to apartment units, duplex
units, individual mobile homes in mobile home
parks, with units not individually metered for
water, shall be in accordance with the
schedule in volume charges, 4)c after the
usage of the amount of water exceeds the
number of units billed, times 2,000 gallons
each month.
Certain water services
(1 )
(2)
New service fee....
10.00
Transfer of service fee....
15.00
74-249
Ordinance NO. 1666-2
Page 4
(3) Meter replacement fee.... 25.00
(4) Pressure testing of service lines.... 25.00
(5) Rereading of meter.... 5.00
(c) Service restoration fee 74-251 (c)
(1 ) Regular hours.... 25.00
(2) After regular hours.... 35.00
(d) Discontinuance of service 74-251 (e)
(1 ) With locking mechanism.... 25.00
(2) Additional fee for removal of or tampering 25.00
with locking mechanism....
(e) Administrative penalty for unauthorized tap or hookup.... 200.00 74-251 (f)
(f) Deposits for service 74-252(c)
(1 ) Owner -occupied. single-family residence 90.00
consumers... .
(2) Other single-family residence consumers.... 125.00
Division 3. Sewer Service Rates and Charges
(a) Rates for sewer service.... 74-276
The following rates shall be applicable for sewage treatment by the city
computed on a monthly basis:
(1 )
Residential use: A minimum charge (per
month)....
5.52
(2)
Apartment units, duplex units, individual
mobile homes in mobile home parks, with
units not individually metered for water: A
minimum charge per month, per living unit....
5.75
(3) Commercial and industrial use: A
minimum charge per month shall be made
in accordance with the size of the meter
utilized to measure service to the customer
in accordance with the following schedules:
Ordinance NO. 1666-2
Page 5
a. 3/4-inch meter or smaller 16.95
meter....
b. 1-inch meter.... 25.95
c. 11/2-inch meter.... 50.95
d. 2-inch meter.... 85.95
e. 3-inch meter.... 186.95
f. 4-inch meter or larger.... 326.95
(4) Volume charges:
a. Since sewer discharge is not metered, all
volume charges shall be based on the total
water volume charged to the customer.
b. Each minimum bill of residential. commercial
and industrial shall include 2,000 gallons of
sewage discharge treated each month.
c. Each minimum bill of apartment units, duplex
units, individual mobile homes in mobile home
parks, with units not individually metered for
water, shall include 2,000 gallons of sewage
discharge treated per unit, each month
per unit.
d. Each additional 1,000 gallons treated for a
customer each month shall be charged in
accordance with the following schedule:
1.
Residential, per 1,000 gallons....
2.48
2.
Commercial and industrial, per
1,000 gallons....
2.48
3.
Apartment units, duplex units,
individual mobile homes in mobile
home parks, with units not
individually metered for water,
per 1,000 gallons....
2.48
Ordinance NO. 1666-2
Page 6
e. Computation of volume based on water
purchased:
1.
Residential:
The volume of sewage treated
Shall be based on 85 percent of
the resident's water volume
billed each month. However, the
maximum residential charge will
be limited to....
27.50
2. Commercial and industrial:
The volume of sewage treated
Will be based upon 85 percent of
the monthly water consumption.
3. Multiunits:
The volume charge to apartment
units, duplex units, individual mobile
homes in mobile home parks, with
units not individually metered for water,
shall be based on 85 percent of the
amount of water billed each month.
f. Senior citizen discount:
Residential customers 60 years of age or older
Shall be entitled to a $1.00 monthly discount on
Their primary account."
SECTION 2. If any provision, section, subsection, sentence, clause, or phrase of this
ordinance, or the application of same to any person or set of circumstances is for any
reason held to be unconstitutional, void or invalid, the validity of the remaining portions
of this ordinance or their application to other persons or sets of circumstances shall not
be affected thereby, it being the intent of the City Council in adopting this ordinance that
no portion hereof or provision or regulation contained herein shall become inoperative
or fail by reason of any unconstitutionality, voidness or invalidity of any other portion
hereof, and all provisions of this ordinance are declared to be severable for that
purpose.
SECTION 3. The City Council officially finds, determines, recites and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City
Council was posted at a place convenient to the public at the City Hall as required by
the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting
Ordinance NO. 1666~2
Page 7
has been open to the public as required by law at all times during which this ordinance
and the subject matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms such written notice and
the contents and posting thereof.
SECTION 4. This ordinance shall be effective beginning business hours on October 1,
2001, pursuant to its passage and approval.
PASSED AND APPROVED, this the
day of September, 2001.
CITY OF LA PORTE
BY:
Norman L. Malone, Mayor
ATTEST:
Martha Gillett,
City Secretary
APPROVED AS TO FORM:
0 Utility Fund Rate Model Summary
Typical Bill
Current Proposed
Avera2e BiD Avera2e BiD
(5,000 Gallons) (5,000 Gallons) ·
Base Water 15.89 16.89
Base Sewer 15.75 17.25
Total 31.64 34.14
* Average usage in La Porte is 4,205.
8/23/2006 10:34 AM 13
1
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: AU2ust 28, 2006
Appropriation
Requested By: Cynthia Pearson
Source of Funds: N/A
Department: Finance
Account Number: N/A
Report:
Resolution: XX Ordinance:
Amount Budgeted: N/A
Exhibits: Certification from HCAD- .5 € e
r-
Amount Requested: N/A
Exhibits: New Construction Report
Budgeted Item: YES NO
Exhibits: Property Tax Comparison/Certification
SUMMARY & RECOMMENDATION
On September _' 2006, the City of La Porte received the Certified Appraisal Roll from the Harris
County Appraisal District.
Section 26.04 of the State Property Tax Code requires the submission of the Appraisal Roll to the
Governing Body.
The 2005 Certified Tax Roll for the City of La Porte, as received from the Harris County Appraisal
District (HCAD), shows a total appraised value of $ and a total taxable value of
$
The amount of revenue generated for the General Fund is $_
than what was budgeted; the amount in property tax reserve is $
This is $
less
-r ab\~ ~ l jC' Qlvec0-
.:::R e Ih po-{ a eJ pr 0 fV1 f+3i! rY4
Action Required bv Council:
Approve Resolution for acceptance of the appraisal roll.
u
y- cJ3 -1)10
Date
RESOLUTION NO. 06- /1
j;fadV/ putlixl
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, ADOPTING THE 2006
APPRAISAL ROLL OF THE HARRIS COUNTY APPRAISAL DISTRICT.
WHEREAS, the Harris County Appraisal District has submitted to the City Council of the City of La Porte, for
approval, the 2006 tax appraisal roll; and
WHEREAS, the City Council is of the opinion that the 2006 appraisal roll with the amounts shown therein
should be adopted;
WHEREAS, the Harris County Appraisal District has certified to the City Council that there was situated in
the City of La Porte, as of January 1, 2006, property with a total appraised value of $ and a
total taxable value of $
WHEREAS, new personal property added to the appraisal roll had a total taxable value of $
as of January 1, 2006;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, THAT:
Section 1. the 2006 taxable roll in the amount of $
County Appraisal District is hereby adopted;
I as submitted by the Harris
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 offices of City of La Porte for the time required by law preceding this meeting, as required by
the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to
the public as required by law at all times during which this resolution and the subject matter thereof has
been discussed, considered and formally acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
PASSED AND APPROVED this the
day of
,2006.
CITY OF LA PORTE, TEXAS
Alton Porter, Mayor
ATTEST:
Martha Gillett, City Secretary
APPROVED:
~7:~-br~rW.~
Knox Askins, City Attorney
Wolny, Shelley
From:
Sent:
To:
Subject:
Powell, Kathy
Monday, August 21, 2006 3:33 PM
Dolby, Michael; Wolny, Shelley; Owens, AI
FW: ASSESSOR MEETING
Importance:
High
-----Original Message-----
From: CELESTE KELLY (mailto:CKELL Y@hcad.org]
Sent: Monday, August 21, 2006 2:52 PM
To: ALICE CUMMING (E-mail); ALLAN MIELSCH (E-mail); BARBARA WHEELER (E-mail); BILL SPENCER (E-
mail); BOB LEARED (E-mail); BRIAN LUDWIG (E-mail); CHARLENE PIGGOTT (E-mail); COLENDA
KILPATRICK (E-mail); CYNTHIA GENS (E-mail); DANIEL BAZAN (E-mail); DAVID MOSS (E-mail); Don Boehm
(E-mail); ELISA HAND (E-mail); ELIZABETH WIED (E-mail); EVELYN OWEN (E-mail); GLENN WINDSOR (E-
mail); GREG ORDENEAUX (E-mail); ISABEL KA TO (E-mail); JACK MANER (E-mail); JANICE HIMPELE (E-mail);
JEFFREY JOHNSON (E-mail); JW Neese; JUNE MUTH (E-mail); Powell, Kathy; KATHY SCHYMA (E-mail); KA Y
VAN HORN (E-mail); KENNETH BYRD (E-mail); LAURIE PAYTON (E-mail); LILLIE JONES (E-mail); LINDA
EZERNACK (E-mail); M B EISENBARTH (E-mail); MARGARET STEVENS (E-mail); MARIANNE SMITH (E-mail);
MICHAEL MONTGOMERY (E-mail); MICHELLE GUERRERO (E-mail); MIKE ARTERBURN (E-mail); NANCY
OLIVER (E-mail); PATRICIA A PRAESEL (E-mail); PATRICIA KW AN (E-mail); RUSTY LEARED (E-mail);
STACEY RHODES (E-mail); STEPHANIE RUSH (E-mail); TAMMY CARBY (E-mail); TOMMY LEE (E-mail);
VICKEY SULLIVAN (E-mail); W ALTER THOMAS (E-mail); ZELDA CRY AR (E-mail)
Cc: JIM ROBINSON; GUY GRISCOM; SANDS STIEFER; TERESA TERRY; CLARETTE WALKER; maribel
olivares; CAROL YN HOWARD
Subject: ASSESSOR MEETING
We will not hold an assessor meeting this week. It appears that August 31, 2006 is still the date that the ARB will approve
the records. If there is a significant change in your 2006 value you will be notified individually of the change.
There was a question concerning the 2006 roll layout and whether it will work for the prior year rolls. The answer is yes.
After the 2006 certification rolls are run, the 2006 roll layout will be in effect for 2005 and prior years also.
Please call me or your coordinator if you have any questions.
1
-
.-----------------
"""------"""----
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: August 28, 2006
Appropriation
Requested By: Cynthia Pearson
Source of Funds: N/A
Department: Finance
Account Number: N/A
Report:
Resolution:
Ordinance:
xx
Amount Budgeted: N/A
Exhibits:
Amount Requested: N/A
Exhibits:
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
The Fiscal Year 2005-06 Budget was built around a tax rate of 71 cents per hundred dollar valuation.
A breakdown of the tax rate is as follows:
General Fund = .61 cents per hundred dollar valuation
Debt Service = .09 cents per hundred dollar valuation
The tax rate of 71 cents is the same rate that has been adopted for the last seventeen years.
The Effective Tax Rate = .L cents per hundred dollar valuation, which is the maximum rate without
advertisements and a public hearing.
The amount of revenue generated for the General Fund is $ 10, 'S d Y I :) \ i. This is $
than what was budgeted; the amount in property tax reserve is $
less
*- r\ Dt aD a '( I ~ ~ ( ~
~&-Yvt
~-citD
Action Required bv Council:
Approve Ordinance establishing the tax rate for Fiscal Year 2006-07 at 71 cents per hundred dollar
valuation.
Approved for City Council Ae:enda
,--------
9 r d3-()~
Date
ORDINANCE NO. 06- J-il i
J:lem (Ii I/t'f
AN ORDINANCE LEVYING TAXES UPON TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT TO
TAXATION IN THE CITY OF LA PORTE, TEXAS; MAKING APPROPRIATIONS FOR SUPPORT,
MAINTENANCE, AND IMPROVEMENT OF THE CITY GOVERNMENT OF SAID CITY OF LA PORTE;
FINDING THAT ALL REQUIRED NOTICES HAVE BEEN PUBLISHED AND ALL REQUIRED HEARINGS
HELD; 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. That there is hereby levied for the fiscal year beginning October 1,2006, and ending September
30,2007, on all real property situated and all personal property owned within the taxable limits of the said
City of La Porte, on the first day of January, 2007, except so much as may be exempt under the constitution
and laws of the United States, this State, and the City of La Porte, the following taxes:
(1) An Ad Valorem Tax of and at the rate of sixty-one cents ($.61) on the one hundred dollars
($100.00) cash value thereof, estimated in lawful currency of the United States for the
current expenses for the support, maintenance, and improvement of the City Government of
said City of La Porte; and
(2) An Ad Valorem Tax of and at the rate of nine cents ($.09) on the one hundred dollars
($100.00) cash value thereof, estimated in lawful currency of the United States, to pay
current interest on and provide one year's sinking fund and to pay all of the Principal and
Interest accruing on all outstanding general obligation bonds and certificates of obligation
lawfully issued by the City of La Porte.
That this provides the sum of total Ad Valorem tax at the rate of seventy-one cents ($.71) on the one
hundred dollars ($100.00) cash value thereof, estimated in lawful currency of the United States.
Section 2. All property upon which a rate of taxation is hereinabove levied shall be assessed on a ratio of
one hundred percent (100%) of the estimated market value thereof.
Section 3. That the sums hereinafter accruing and collected from the hereinabove taxes so levied be and
the same are hereby appropriated for the support, maintenance, and improvement of the City Government
of the City of La Porte.
Section 4. The City Council officially finds, determines, recites and declares that all notices required by law
have been published, and that a public hearing as required by law was duly called and held, and that all
matters prerequisite to the establishment and levy of an ad valorem tax have been accomplished, all as
required by the laws of the State of Texas, and the Home Rule Charter of the City of La Porte.
Section 5. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause,
of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions
of this Ordinance, 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 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of
such conflict only.
:Section 7. 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.
Section 8. This Ordinance shall be in effect from and after its passage and approval.
PASSED AND APPROVED this the
day of
,2006.
CITY OF LA PORTE, TEXAS
Alton Porter, Mayor
ATTEST:
Martha Gillett, City Secretary
5-!-efY) fv1l/a;
APzeD:
t # 'l ~ ~I'- ~Oy {A/. ~
Knox Askins, City Attorney
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: AUl!Ust 28. 2006
Requested By: Wayne J.~ v--f
Department: Planninl!
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 July 20, 2006, the Planning and Zoning Commission considered Special Conditional Use Permit #SCU 06-004
for proposed distribution center Spec. Building. #15 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 225,000 square foot warehouse/distribution building along Porter
Road, a 60' ingress/egress and utility easement off Old Underwood Road, within the Underwood Business Park.
Each additional reserve/phase of the project would require a subsequent Special Conditional Use Permit. Each 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. Building permits for construction of a 432,000 square foot
office/warehouse building and a 900,000 square foot building, to be used as distribution centers, were 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 Old Underwood Road via Battleground Road and State Highway 225.
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-
004 with the conditions as listed in the SCUP.
Action Required bv Council:
1. Conduct a Public hearing.
2. Consider Planning and Zoning Commission recommendation to approve Special Conditional Use Permit
#SCU 06-004 for a 20.22 acre tract out of :t207 acres of land located along Old Underwood Road south of
State Highway 225 and Union Pacific Railroad.
Approved for Citv Council A2enda
(I
Debra B. Feazelle, City Man
~~fu
2--~d -lJ{;
Date
ORDINANCE NO. 1501- 1)S--
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 #SCU06-004 FOR THAT CERTAIN
PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: 20.22 ACRE TRACT OUT OF :1:207 ACRES
OF LAND (ALONG OLD UNDERWOOD ROAD SOUTH OF STATE HIGHWAY 225 AND UPRR) IN
THE ENOCH BRINSON SURVEY, ABSTRACT - 5, LA PORTE, HARRIS COUNTY, TEXAS FOR THE
PURPOSE OF DEVELOPING A DISTRIBUTION CENTER 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 20th day of July, 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 July 20, 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 31st day of July, 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- DS"
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 28th day of August, 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:
20.220 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- 1>S""
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 sh~~1ge}n effect from and after its passage and approval.
Passed and approved this the ~ day Of~ 2006.
CITY ~ LA PORT'r-j)
By: ~~~\~
ALTON PORTER, Mayor
APPRO~ _
By: r: ~
CLARK 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 20th
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 a Special Conditional Use Permit Request
#SCU 06-004, for 20.220 acres of land being Reserve C, 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 SPEC. BLDG.# 15 to be located
within the park. A Special Conditional Use Permit is required for the proposed development to be
located within a Planned Unit Development (PUD) per Section 106-637 of the ordinances.
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, 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) 471-5030for fUrther information.
IiXH I BIT' A
within a Planned Unit De-
THE STATE OF TEXAS velopment (PUD) per Sec-
tion 106-637.of the ordi-
COUNTY OF HARA!~ --<>fiances.
Sworn and
o uJ'6~
~cl~~_~~
Karolyn Kellogg
Notary Public
Harris County, Texas
CITY OF LA PORTE
NOTICE OF PUBLIC
HEARING
In accordance
with the provisions of Sec-
tion 1 06-171 of the Code
of Ordimincesof the City
of La Porte, and the provi-
sions of the Texas Local
Govemment 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 201 ay of July,
2006,.J .tl" Council
Cha. m..b ers Of. .... ity..Hall.
604 West F r nt rk-
way, L.a Port, . .
purpose of thi '
to cOnsider' eClal
Conditional Us Permit
Request #SCU 06-004, for
20.220 acres of land being
'ReserveC, 'in the Under-
wood Business Park. 10-
catedalongOld Under-
,wood Road. The property
is further described asa
"part and being out of a
,,20,?990 acre tract in theE.
'.A. STAASHEN Subdivi-
lilion, . the 'Enoch Brinson
Survey,Abstract ,5, La
,Porte; Harris 'County,
iT exas., The Clay Develop-
Lment & .Coristructionlnc.,
'is seeking approval of a
. . permit for" the" proposed
.; development of office
warehouse facility . SPEC.
BLDG.#15 to be'located
within the park. A Special
"'ConditionaIUse Permit is
.. required, for the 'proposed
L.~ev'elopment to be located
A regular meet-
ing of the Planning and
Zoning Commission will
follow the public hearing
for the purpose of consid-
ering . the public hearing
item and to conduct other
matters pertaining to the
Commission.
Citizens wishing
to address the Commis-
sion pro or con during the
Public Hearing will be re-
quired to sign in before the
meeting is convened.
CITY OF LA PORTE
Martha Gillett, TRMC,
. CMC
City Secretary
A quoru,!! qf9ity Council
members'lJ1aybepresent
and participate. in discus:
sions during. thismeetini;,
however' no action' wi/fbe
tak~'1 by Council.
This facility lJas disability
'accommodations availa~
ble. Requests for accom~
modations or" interpretive
services at meetings
.' should be made 48 hours
.. prior'-, to the meeting.
Please contact City Secre-
tary's .office at (281) 471-
5020 or TOO Line (281)
471-5030 for further infor-
mation.
/}.1'
281-471-1234
Fax 281-471-5763
19ned
~rner,
authority, on this date came and
a duly authorized representative of
, semi-weekly newspaper published and
e City of La Porte, Harris County, Texas and
sworn, swears the attached notice was
re Sun dated 01! 0;1. /ot...
J7~
subscribed before me this
,2006.
day of
~~
~~",.~tj
~'tf,:~~:~~....
KAROLYN KEllOGG
MY COMMISSION EXPIRES
April 11, 2010
My Commission Exprires Apri/11, 2010
City of La Porte
Established 1892
July 31, 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 06-004 on July 20, 2006. The applicant, Clay Development and Construction, Inc., seeks approval
of a proposed office/warehouse facility "Spec Bldg. 15" to be located in the Underwood Business Park
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 Special Conditional Use Permit #SCU 06-004 with the following conditions:
1. This Special Conditional Use Permit (SCUP) is not applicable to any other specific development
anticipated or proposed by the 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 General Plan shall require further submittal and approval
of plats, site plans, construction drawings, engineering analysis, covenants, etc.
3. Provide on-site improvements, loading and unloading rampslbays that adequately handle the volume
associated with this office/ warehousing facility.
4. Fire truck access, fire suppression requirements, and fire hydrant placement shall be specified on the
plans.
5. 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.
6. Provide an irrigation system to ensure that all landscaping and screening is properly maintained by the
owner/developer.
7. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and
the State of Texas.
Jspe~l:::;~
p~1'
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
IXHIBn' C
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the
City Council will conduct a public hearing at 6:00 P.M. on the 28th day of August, 2006, in the
Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of
this hearing is to consider Special Conditional Use Permit Request #SCU 06-004, for 20.220 acres
of land being Reserve C, in the Underwood Business Park, located along Old Underwood Road.
The property is further described as a part of 206.990 acre tract in the F. A. STAASHEN
Subdivision, Enoch Brinson Survey, Abstract 5, La Porte, Harris County, Texas. Clay
Development & Construction Inc., is seeking approval of a permit for the proposed development of
office warehouse facility SPEC. BLDG. #15 to be located within the park. A Special Conditional
Use Permit is required for the proposed development to be located within Planned Unit
Development (PUD) zone per Section 106-637 of the Code of Ordinances.
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) 471-5030for fUrther iriformation.
IXHIBIT D
~
THE STATE OF TEXAS
COUNTY OF H,ARRIS
CITY OF LAPORTE
if;1
B
281-471-1234
Fax 281-471-5763
). 8th Street
~, Texas 77571
NOTICE OF PUBLIC
- , '. HE~RIN~. .It
Inaccordal'lce'i e
~th'~~~",'of sO<-
tioo"106:1'h of the Code
of -Ordinances 'of the City
O,f LaPort,e.' and the provi-
sions of the Texas Local
,iGovernment Code, notice i
. is hereby. given that the :
City Council will conduct a I L P
public hearing at 6:00 p.M,.1 a orte
;.on the 2~th day of August. :1, of Harris
:2006,. In the counCiljr
..:....~._...~";:~~. ,0. f ~~~~itty....p..H.a..~..~.'~..Pf Texas
~;~Ja p'q TeXa$'i~iJ;jJt me, the undersigned authority, on this date came and
::~.~~'., e~! fred Sandra Bumgarner, a duly authorized representative of
i,:":2g~b.ict:'i"e '. "e, '" d'j,Bayshore Sun, a semi-weekly newspaper published and
j.S:'~~g.ne~s6lar u'~~~.6~.'~.~~.lallY distributed in the City of La Porte, Harris County , Texas and
f~l'.........'...~.~a.r.".d.d'esI..~i~.:.~o:.se..rtya. p.Ja.Si1.f...u~f.J...after. being duly sworn, swea.rs. the attached notice was
It 206.990 acre tract in the F.;hed In The Bayshore Sun dated 0 ~ -I ~ -t) ~ .
A,STAASHEN .' Subdivi- I ',\,
fjsio(l.Enoch Brinson Sur- '1~!,
a. vey. . Abstract 5. La porte.
r Hams County. Texas. Clay ,,2
. .I?evelop~ent & con.struc- ~~ I ~~~u--
. bon Inc., IS seeking appro- , 0
val, of a permit for the pro- .
.. posed development ,of of-
'fice,warehouse facility I ra Bumgarner
SPEC. BLDG.#15 to bel
docated within the park. A
; Speci<;ll .Conc;litional,Use,
Permit is required for, the'
proposed deyelopment to
be located within Planned
Unit Development . (PUD) ,
zone per Section 106-637 .
(~fth~ CodeofOrdinances,Jn and subscnbed before me this
,~~'),\";,>i:":.r".'.'.Il/l~ 2006
!J>,'i;DA.',n3gGI~f;~:ii}..'P ,.
:aur iI1ff/
r'\.ClI VI in Kellogg
Notary Public
Harris County, Texas
l t{ "-h
day of
,,"-:A!./'Mt:~,..
i,,,,~N''''''~~
r~. r~
...~. .ol"
~';~l?:f:,~~"""
KAROLYN KELLOGG
MY COMMISSION EXPIRES
April 11. 2010
_".~~",..,i;--;;;-;j
My Commission Exprires April 11, 2010
VXHIBJT ~
City of La Porte
Special Conditional Use Permit # SCU 06-004
This permit is issued to:
Clay Development & Construction. Inc.
Owner or Agent
800 Gessner. Suite 850. Houston TX 77024
Address
For Development of:
Underwood Business Park (SPEC 15)
Development Name
Old Underwood Road at State Hiohway 225
Address
Legal Description:
20.220 acres of land beino Reserve "C" 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 facility
Permit Conditions:
1. This Special Conditional Use Pennit (SCUP) is not applicable to any other specific development
anticipated or proposed by General Plan.
2. This SCUP outlines, in general tenns, 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, and covenants,
conditions & restrictions (CCR).
3. Provide on-site improvements, loading and unloading rampslbays that adequately handle the
volume associated with this office/ warehousing facility.
4. Fire truck access, fire suppression requirements, and fire hydrant placement shall be specified on
the plans.
5. A site plan and/or separate plans shall be submitted in conjunction with the building pennit
application. Landscaping is required in percentages specified in Section 106-522 of the Code of
Ordinances.
6. Provide an irrigation system to ensure that all landscaping and screening is properly maintained
by the owner/developer.
7. 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.
~J-~O~
l{)) 4iJi'1 cJJ4I
City Secretary
IXHIBll'f1'
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Reques,edM" 28. 2006
Requested By: Wayne S
I
Department: PlanniDl!
ADDroDriation
Source of Funds:
N/A
Account Number:
N/A
Report: _Resolution: _Ordinance:...K....-
Amount Budgeted:
N/A
Exhibits:
P&Z Staff Report
Aerial Map
Ordinance
Site Plan
Amount Requested:
N/A
SUMMARY
On July 20, 2006, the Planning and Zoning Commission considered Special Conditional Use Permit for development
of an office/warehouse building B5 (427,500 s~. ft.) on Reserve 'B' within the Port Crossing, a proposed
business/industrial park, to be located along S. 161 Street (Powell Road). The business park will be developed in
phases. Phase 1, Section 1, will be developed to the west of Powell Road just south of the Former Boncosky Trucking
Terminal at 1706 S. 16th Street.
City Council previously approved the General Plan and Special Conditional Use Permit #SCU 05-003 for Port
Crossing (formerly Texas Import/Export Park). The property is zoned Planned Unit Development (PUD). The
development is further defined by a Development Agreement between the owner/agent and the City of La Porte.
Development Agreement, Covenants, Conditions, and Restrictions (CCRs) are part of this SCUP. The area is
earmarked for industrial uses in the Land Use Plan. The permitted land uses for this Planned Unit Development are
generally depicted by the land use restrictions as an exhibit to this SCUP.
The property is located in the vicinity of major industrial developments, Bayport Industrial District, Bayshore
Industrial, Inc. and located between State Highway 146 and Union Pacific Railroad (UPRR). Public infrastructure is
available in the vicinity, however, it needs to be improved and extended for the overall business park as prescribed by
the Development Agreement. Coordination with Harris County, Harris County Flood Control District, and TxDOT
shall be required in this regard. Final Plat for Port Crossing with construction drawings and covenants, conditions, &
restrictions for the proposed park will require approval by the City.
As there is general development activity in this area, the building permit for Phase I, Section I (Frontier's Building)
has already been issued. Staff reviewed the development proposal and presented it to the Commission. The
Commission considered Special Conditional Use Permit (SCUP) with the understanding that the Final Plat,
Construction Drawings, Development Agreement, and Covenants, Conditions & Restrictions (CCRs) contained therein
shall be approved by the City first and that the SCUP shall not go into effect until all elements are considered by the
Commission and approved by the City. The Special Conditional Use Permit #SCU 06-003 is recommended for
approval with the following conditions:
1. This SCUP does not go into effect until the Development Agreement, and all other supporting documents are
considered by the Commission & approved by the City.
2. This SCUP is not applicable to any other specific development anticipated or proposed by the General Plan.
3. 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.
4. Said submittals shall be in accordance with the SCUP, General Plan, and the approved Development Agreement.
5. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of
Texas.
Action Required bv Council:
1. Conduct public hearing.
2. Consider taking action on recommendation for approval by P&Z for Special Conditional Use Permit #SCU06-003.
AP;[~~ci~:~
Debra B. Feazelle, City Mana~er
J --~o1-0b
Date
I Staff Report
I
I
Port Crossing
Building B5
Special Conditional Use Permit #SCU06-003
July 20, 2006
Request:
Requested Bv:
Requested For:
Present Zonin!!:
Land Use:
Back!!round:
Special Conditional Use Permit#SCU06-003, Proposed Development of
Office! Distribution Building B5
Port Crossing Land, L.P.
20.773 acre tract as "Reserve B" in the George B. McKinstry League, A- 47;
W. P. Harris Survey, A-30; Johnson Hunter Survey, A-35, City of La Porte,
Harris County, Texas. The property is located in the 2000 Block of South
16th Street (Powell Road).
Planned Unit Development (PUD)
BusinesslIndustrial
Port Crossing, formerly Texas ImportlExport Park is a proposed industrial,
commercial and retail development to be located in an area south of
Fairmont Parkway along S. 16th Street between the existing Union Pacific
Railroad (UPRR) and the State Highway 146 South.
As a part of the Planned Unit Development (PUD) development process, a
Special Conditional Use Permit (#SCU05-003) and a General Plan covering
the La Porte 81 Ltd., La Porte 82 Ltd., La Porte 115 Ltd., and La Porte 146
Venture, LP., were approved by City Council on March 28,2005. Later, the
applicant requested a I-year extension of this Special Conditional Use
Permit, which was granted at the Planning and Zoning Commission's
meeting on February 16,2006.
The applicant is currently proceeding with the platting of the entire
project. This is the first step towards the planning and development of a
large scale project. The developer's intent is to develop the entire tract in
accordance with the applicable Special Conditional Use Permit and
General Plan approved by the City. Earlier, the applicant/developer
submitted a Preliminary Plat for Port Crossing Business Park, which was
approved by the Commission on May 25, 2006, meeting.
Under the terms of Development Ordinance 1444, the proposed
development is considered to be a major subdivision. The Development
Ordinance requires a two-stage approval process for major subdivisions.
The first stage is preliminary plat review and its formal approval followed
by submittal of a final plat, along with the construction drawings and other
SCU06-003
Ju120,2006
Page 2 of3
applicable documents. Once the final plat is approved, the applicant will
proceed for the site development.
Analvsis:
Owner/Developer plans to develop the tract for business/industrial uses. The
developer will construct street and the storm drainage/detention system that
will ultimately connect with the regional systems in accordance with the
policies of the City and Harris County Flood Control District.
Land Use - The General Plan contains general information regarding the
development of approximately 300::l:: acre site. The Plan's significant
features include contemplated land uses, open space and storm water
detention areas, landscape and buffer areas and roadway network. Currently,
this development is shown on restricted Reserve 'B' with underlying land
uses as Business Industrial (BI), located along South 16th Street and
proposed Export Drive to the east of Powell Road.
The Developer's Agreement defmes the land uses that are acceptable within
various tracts of this development. In Reserve 'B', uses permitted in
Business Industrial (BI) zoning districts will be applicable with some
exceptions as stated in the Developer's Agreement.
Landscaping/Open Space - The General Plan shows the relationship of
landscape/open space and also demonstrates how the trail system, open
space, and the storm water detention system are interrelated. The City may
elect to accept these facilities depending on the final design of the project.
Buffering and beautification is also addressed in the Developer's Agreement.
In addition, landscaping will be provided within building setback areas and
easements throughout the project. Staff is anticipating that a consistent
theme and design criteria shall be implemented throughout this development.
Transportationffraffic Control Plan - Truck traffic is typically associated
with this type of commercial and industrial development. The developer has
submitted traffic analysis plan. The first two projects projected to be
completed are the Frontier and this Building B-5. The proposed project
includes the construction of Export Drive (60'ROW), which will allow
access to these facilities with minimal traffic on S. 16th Street (Powell Road).
These projects would add approximately 80 to 120 trucks per day. The
development agreement contemplates that all trucks will enter and leave the
site via State Highway 146 and Wharton Weems Boulevard and no trucks
will proceed north along S. 16th Street (Powell Road) to Fairmont Parkway.
It is anticipated that most of the traffic will use State Highway 146 Frontage
SCU06-003
Ju120,2006
Page 3 of3
Conclusion &
Recommendation:
Utilities, Drainage - The water system has a planned upgrade to provide
suitable fire protection. Existing 8" waterline is located on the west side of
the Powell Road right-of-way (ROW) and ends near the northeast comer of
Section 1, Phase I. A future 12" water line extension will serve the property
with domestic and fire service. Sanitary sewer service would be provided
through the existing 12" sanitary sewer line located to the northeast of the
development along Powell Road. Storm water facilities will be designed in
accordance with the City of La Porte and Harris County Flood Control
District requirements. The design of the storm water detention basin will be
reviewed with the site plan submittal and construction drawings.
The subject property is zoned Planned Unit Development (PUD). Any
development in a PUD zoning district requires a general plan along with a
Special Conditional Use Permit. The General Plan and Developer's
Agreement are the umbrella documents for this development. This proposed
project, therefore, cannot be considered in isolation of the principal
documents. Given that construction drawings for the entire park, the
Developer's Agreement, Covenants, Conditions, and Restrictions (CCRs)
are under review at this time, this SCUP does not go into effect until all
elements and supporting documents contained therein are submitted to the
Commission and approved by City Council.
Should the Commission wish to approve the SCUP in its present format,
staff recommends the following:
1. This SCUP does not go into effect until elements and supporting
documents contained therein are submitted to the Commission and
approved by the City.
2. This SCUP is not applicable to any other specific development
anticipated or proposed by this General Plan.
3. 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.
4. Said submittals shall be in accordance with the SCUP, the approved
General Plan, and the approved Development Agreement.
5. The Developer shall comply with all other applicable laws and
ordinances of the City of La Porte and the State of Texas.
Actions required by the Commission:
· Recommend to Council approval of this SCUP with conditions.
· Recommend to Council denial of this SCUP.
. Recommend tabling this SCUP for further review.
ORDINANCE NO. 1501- f~
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 #SCU06-003 FOR THAT CERTAIN
PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: A 20 ACRE TRACT OUT OF :t300 ACRES
OF LAND (PORT CROSSING) IN THE GEORGE B. McKINSTRY, A-47, W.P. HARRIS SURVEY, A-30,
JOHNSON HUNTER SURVEY, A-35, CITY OF 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 20th day of July, 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 July 20, 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 31st day of July, 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- fS
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 28th day of August, 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:
20 acre tract out of :t300 acres of land located along S. 16th Street (Powell Road) south of
Fairmont Parkway between State Highway 146 and UPRR; the George B. McKinstry, A-47, W. P.
Harris Survey, A-30, Johnson Hunter Survey, A-35, City of La Porte, Harris County, Texas.
"Section 7. The City Council of the City of La Porte hereby finds, determines, and
declares that all prerequisites of law have been satisfied and hereby determines and declares
that the amendments to the City of La Porte Zoning Map and Classification contained in this
Ordinance 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- ES-
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 th~ day o~ 2006.
CITY 9\~ PORTE ~
BY:~Q\~
ALTON PORTER, Mayor
ATTEST:
BY:i.U atfJJ., A$d
MAR HA GILLETT, City Secretary
APPROV~ _
BY~ ~z:~
CLA K 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 20th
day of July, 2006, in the Council Chambers of the City Hall, 604 W. Fairmont Parkway, La Porte,
Texas. The purpose of this hearing is to consider a Special Conditional Use Permit #SCU 06-003
for 20.77 acre tract as Reserve 'B' out of293.986 acres ofland in the George B. McKinstry, A-47;
William. P. Harris Survey, A-30; Johnson Hunter Survey, A-35; La Porte, Harris County, Texas.
The property is located in the 2000 Block of S. 16th Street (Powell Road). Russell Plank, Port
Crossing, L.P. is seeking approval of a permit for proposed development of office distribution
center building B5 in the Port Crossing Business Park. A Special Conditional Use Permit is required
for the development to be located within a Planned Unit Development (PUD) per Section 106-637
of the Code of Ordinances of the City of La Porte.
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, CMC
City Secretary
A quorum o/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.
UHIBlT A
THE STArt: VI'" TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
i~1
B
281-471-1234
Fax 281-471-5763
. 8th Street
" Texas 77571
NOTICE OF PUBLIC
HEARING
.I~" .' In accordance Ie
~rn.t e. rOV.iSi.O' n.... s.o... f..Sec' - ..1........
fIon1.6 71 o~code I.
of Or In ces. eCity '.
of La 0 e,~t' rovi- I
sions of h T as. LOCal,'
Govern nt. e, notice .
is hereb ,given that the La
Porte planning and Zoning ,
Commission will conduct al ' P
public hearing at6:00 P.M. ' La orte
'.onthe ,2..Oth. d8YO. f JU. IY.,.. 'i.. uf Harris
-2006, "In .the . Council '
Chambers of the City Hall, f Texas
604 W. Fairmont Parkway, I
LaPorte, texas. . The pur~ ,
'. .P()s~..of:,thisllearingi~to I h d' d th 'ty thO d d
consider a Special Condi- .'! me, t e un erslgne au on ,on IS ate came an
tiO. n. al,Us.eP.erm. it....#S.CU .'..'Ied Sandra Bumgarner a duly authorized representative of
,06-003fQf.20.77.acre tract '.'1 ,
'llsReSE!rvel~',out.of:ayshore Sun a semi-weekly newspaper published and
293,..986 acres of lan5l. in .." ,
-the:GeC;rg~ B.'McKinstry,lly distributed in the City of La Porte, Harris County, Texas and
A-47;lJIIjlham. P.Harris ft b' d I th h d .
;SurveY."A~30;;J()h'nsori er elng u y sworn, swears e attac e notice was
\~~~~;ris~~~i~';~p~~~Med in The Bayshore Sun dated 0 1 /O;;L / t) {p
Tex~s,'The prop~rfyisjQ.;c
cated in tile 2000 ~1C)(:~.of
.*'5. ;.lpth.',.Street....~~C>well .,1
.:;'8oad....>.:.....'......'.. R.u..~e....n.....,.,.P!a.....n. k, ..,....0: . . d-
PortCrosslng,}LP/is ,~ /~~
s~ekingapp~o...al of.a. PElr;'r
mltfor propo~ed deveIOP-'(
. ment of office distribution ;
.certer bUilding B5 in the 4 Bumgarner
Po,rt Crossing Business;
· Park... A Special Condition.'!
:al.Use Perrnitis require<l 1
!'for.thedevelopme ..' .e'j
Ij fOpa~ed. witl1hlJlpla . ~j
"1~U~lt Deveiopment;'CPUD> .:
~!per Section 106-637 of the !
,C?de of Ordinances of the, j and
.,Cityof La. porte. ..
o llJ"'13 ~~
re.Sun
subscribed before me this
,2006.
/ '7 VI,
,
day of
~Q~
Karolyn Kellogg
Notary Public
Harris County, Texas
\\"'~r."",
!~.w.. ~\
~:~.. ...~ff
. .......\\'..
'I"?",,,
KAROLYN KELLOGG
MY COMMISSION EXPIRES
April 11, 2010
My Commission Exprires April 11, 2010
t
City of La Porte
Established 1892
July 31, 2006
Hon. Mayor Alton Porter and City Council
City of La Porte
Re: Special Conditional Use Permit #SCU06-003
Dear Mayor Porter:
The La Porte Planning and Zoning Commission, during a regular meeting on Jul 20, 2006,
considered Special Conditional Use Permit #SCU06-003. The applicant, Port Crossing Land, L.P.,
seeks approval to an allow office/warehouse facility "Building B5" to be located in the Port
Crossing Business Park, along South 16th Street (Powell Road).
After consideration, the Planning and Zoning Commission, by a unanimous vote, recommended
that City Council consider approval of Special Conditional Use Permit #SCU06-003 with the
following conditions in place:
1. This Special Conditional Use Permit (SCUP) does not go into effect until elements and
supporting documents contained therein are submitted to the Commission and approved by
the City.
2. This SCUP is not applicable to any other specific development anticipated or proposed by
this General Plan.
3. 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.
4. Said submittals shall be in accordance with the SCUP, the approved General Plan, and the
approved Development Agreement.
5. The Developer shall comply with all other applicable laws and ordinances of the City of La
Porte and the State of Texas.
Rp;;~;;;t
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
!XH1Brr C
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the
La Porte City Council will conduct a public hearing at 6:00 P.M. on the 28th day of August, 2006,
in the Council Chambers of the City Hall, 604 W. Fairmont Parkway, La Porte, Texas. The purpose
of this hearing is to consider Special Conditional Use Permit #SCU06-003 for 20.77 acre tract as
Reserve 'B' out of 293.986 acres of land in the George B. McKinstry, A-47; William. P. Harris
Survey, A-30; Johnson Hunter Survey, A-35; La Porte, Harris County, Texas. The property is
located in the 2000 Block of S. 16th Street (Powell Road). Russell Plank, Port Crossing Land, L.P.
is seeking approval of a permit for development of an office/distribution center building B5 to be
located in the Port Crossing Business Park. A Special Conditional Use Permit is required for the
development within Planned Unit Development (PUD) zone per Section 106-637 of the Code of
Ordinances of the City of La Porte.
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.
Gi.-'o/~.'"
lii.$.,J'1,;"
THE ST}\'fE OF TEXAS
COUNTY OF HARF,lI~,.
:- ,'_'~"., '7 ""'-'
CITY ,QFLAPORTE
~{I'
8th Street
; Texas 77571
281-471-1234
Fax 281-471-5763
NOTICE OF PUBLIC
~71\'3,It':l~ i, .
. /,"In accordance Ie B
~~~'~h;6;;~~iS~~jh~fJo~~'
of Ordinances of .the .City i
of La Porte, and the provi- I'
sions of the Texas Local.
Government Code, notice) i
is.her.ebY g. iven.. tha. t.. tho e L. a I
Porte City Cqunci} .~i11 con-
duct a pu lie hearing at i .
6:00P,M. n the.28th day! ~a Porte
?tpfi..A1l9uS. i~ithe' ! ,
~~~~~I~ ~e~~;ls
f~!;0~e,.~ . f~r.';~~eH~h
;ConClitioriaL,Usei',Permlf/i me the undersigned authority, on this date came and
#scu 06-003 for 20.77 ~.l '
flcre tract as Reserve'S' 'ad Sandra Bumgarner, a duly authorized representative of
out of 293.986 acres of; i . .
land. in t~e>George B.,ayshore Sun, a semi-weekly newspaper published and
,....p~CK i-Iln..as.r~%' ~~~.~y~..J.'AIIi._.a.3.~'.....~...'.;i..!..,.,.1.'..,~i...I.y distri~uted in the City of La Porte, Harris County, T~xas and
John~on Hunter Survey, 'i';~ter being duly sworn swears the attached notice was
A-3S, La Porte,.. Hams ' ,
ICou~ty, Texas.. The pr~P7~;' d in The Bayshore Sun dated 0>< - , 3-0 ~ .
., erty IS located In the 2000 ;'J'l"""
. Block of S. 16thSfreet .eiK \
(Powell Road). . Russell~,+'
'... Plan~, Port Crossing Land, >~); 11 .
;'pp~~ite~ok:ngr~gg~~~~~~ ~;;~~/ ~~
;'velopment of officedistri-'1r'i}~ U
bution . center . building ss1}}ff1
. to be...locate~ i.n. the po.rt. ...r.i'..............:.'...:.:.".l. umgarner
CrossIng BUSiness Park A \:\!.;(
Special. Conditional Use t:;.,:;11
Permit is required for the
development Within Plan-
{ired . Unit.. ...Development,
~~(PlJD) zone per Section!
);l96-!)3r9fth{9)9~ ,of pr::.;
and subscribed before me this
'-<i-l. ,2006.
J 5-u,
day of
Karolyn Kellogg
Notary Public
Harris County, Texas
'I
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KAROLYN KELLOGG
MY COMMISSION EXPIRES
April 11, 2010
My Commission Exprires April 11 , 2010
tIXHIBIT7
. I
City of La Porte
Special Conditional Use Permit # SCU 06-003
This permit is issued to:
Port Crossinq Land. L.P.
Owner or Agent
The Chancellorv. One Pierce Place. Suite 450. Itasca. IL 60143
Address
For Development of:
Port Crossina Buildina B-5
Development Name
1701 S. 16th Street (Powell Road). La Porte. Texas
Address
Legal Description:
20.773 acres of land beina Reserve "B" in the Georae B. McKinstrv
Leaaue. A-47: W.P. Harris Survey. A-30: Johnson Hunter Survey.
A-35. La Porte. Harris County. TX.
Zoning:
Planned Unit Development (PUD)
Use:
Office/warehousina facility
Permit Conditions:
1. This SCUP does not go into effect until the Development Agreement, and all other supporting
documents are considered by the Commission & approved by the City.
2. This SCUP is not applicable to any other specific development anticipated or proposed by General
Plan.
3. 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.
4. Said submittals shall be in accordance with the SCUP, General Plan, the approved Development
Agreement.
5. 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.
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City Secretary
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1. r.lINIMUM CURB fW)IIJS ;: J' D.,
2. All OlWEMSIONS ME TO FACE OF CURB UNLESS ~TEO OTHERWISE.
3. REFER TO CEOTECHNIC.6L tMSTIblITION FOR E'ARJ11'M}Ill{ REaUIREt.lENTS.
4. REfER fa BOUNllAR'f SURVEY FOR LOCATION AND lENGTH OF PROPERTY LttES.
SURVEY tlFDRWlTION O'v(RRIDES INFORMA110N ON ARCHITECT's SITE PLAN.
TRUCK PAVING (785,471 SJ,)
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CROSS SLOPE: Mr\'( 2X {1:50}
lAHllNGS:
lIlY ~REC1lON, MAX '" (I,W)
ACCfSSIBLE PARKING SPACES AND STRIPED /JREA5:
Nff DIRECTION: ~ 2% (1:50)
CURB RAMPS:
SlOPES: tJM 1:12
FLOOR DRAIN:
Sl.1PE TO DRAIN IN Nf( DIRECTION: tMX ~ (1:50)
6. PRO\1OC 2-4" ~ SlEE'JES UNDER ..u PAVED AAEAS AND WAlKS FOR LAA05CAPE
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7. REWIE All CONSlRUCTlON TRASH DEBRIS FROM GRASS 00 lANOSCo6PE AAEAS ~D
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RE: DRAWINGS
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1l-ICKNESS 7- PER CITY OF HOUSTON STANDARD Off......
COMPRESSlYE STRENGTH 3.500 PSI AT 28 (}\'/'S
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Staff Report
Underwood Business Park
Distribution Center SPEC Building #15
Special Conditional Use Permit #SCU 06-004
July 20, 2006
ReQuested by:
ReQuested for:
Location:
Present Zonine::
ReQuested Use:
Backe:round:
Analvsis:
Clay Development & Construction Inc.
c/o Danny Martin
20.22 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)
Distribution Center
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 a distribution center consisting of 225,000
sq. ft. on a parcel of land being all of Reserve B 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.
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
predominantly industrial. The Battleground Industrial Park is located
just 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
Underwood Husmess Park
SeDP #06-004 (Spec. 15)
7/20/06 P&Z Meeting
Page 2 on
Conclusion/
Recommendation
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 as per plan submitted by the developer.
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 other
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.
· 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.
Underwood Business Park
SCUP #06-004 (Spec.I5)
7/20/06 P&Z Meeting
Page 3 of3
. 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 an irrigation system to ensure that all landscaping and
screening is properly maintained by the owner/developer.
· 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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: g (f.l 9 04-6 ACRES I I 680780 SQ FT 225,000 sa FT. - ~~~ :-::-... ' -.... --. __ _______ -....._ -... ""'-.... ___.... ___
8;~ I 3.4.060 SQ IT " ,=:::, ,~ ~~," '" '~_ t:;-" ~', ~
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DISTRIBUTlON
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UNDERWOOD BUSINESS PARK
LA PORTE, TEXAS
LAND: ~,008674 SO.FT. - 206.8107 AC.
'"
SPEC. BLDG. #15
PORTER ROAD
VICINITY MAP
KEY MAP# SJ9-J"
FLOODPLAIN INFORMATION
THIS TRACT OF LAND LIES OUTSIDE THE
500- YEAR FLOOD PLAIN (ZONE "xn),
ACCORDING TO F.E.M.A FEDERAL
INSURANCE RATE MAP NO. 48201C0930 J;
SAID MAP REVISED: NOVEMBER 6, 1996
BENCHMARK
BENCHMARK : HGCSD 42, ELEV.= 26.1,
REF. TO NAO 83, (GPS aBS - GEOID99). 0.3
MILES NORTH ALONG MILLER CUT-OFF RD.
FROM INTERSECTION OF MILLER CUT-OFF RD.
& Sf.HWY. 225 AT MARK TO RIGHT INSIDE
SECURITY FENCE OF MORAGO SUPPLY CO"
LEGAL DESCRIPTION
A TRACT OR PARCEL Of LAND CONTAINING
20.22 ACRES OF LAND, RESERVE "e",
UNDERWOOD BUSINESS PARK 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
ST. JOE PAPER COMPANY IN HARRIS COUNTY
CLERK'S FILE (H.C.C.F.) NUMBER M032856
OWNERlDEVELOPER
m~T . :iT
j "'-" JL../.L-:1L A
800 GESSNER. SUITE 850
HOUSTON, TEXAS 71024
PHONE (713)789-2529
FAX (713)782-3755
1::[[' OVERALL SITE PLAN
PRJNO; SPE:CllLDG.fl5
DATE:r:Q!20/0fJ
D',I,t,I(f1; PAlR-
Dum BY: Mll([H.
."
. ..:'J
16/17
REQUEST FOR CITY COUNCIL AGENDA ITEM
Requested By:
Aupst 28. 2006
D. Wilmore 'iJ wvJ ~
Planning
Appropriation
Agenda Date Requested:
Source of Funds: General Funds
Department:
Account Number: #001-9092-524-6021
Report: X Resolution:
Ordinance:
X
Amount Budgeted: $63,000.00
Amount Requested:
EIhibits: List of Dangeroos Buildings and Owners
Budgeted Item: YES NO
EIhibits: Inspection Reports & Condemnation Ordinances
EIhibits: Slide Presentation
SUMMARY & RECOMMENDATION
City Council is asked to consider condemning and ordering the demolition of fourteen (14) substandard structures at
thirteen (13) locations. A regular meeting was held July 24, 2006 to review the findings of the Dangerous Building
Inspections Board and to authorize a public hearing for seventeen (17) structures. Since that date, three (3)
manufactured homes were abated when the property owner removed them from the mobile home park.
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. Following the action by Council, staff will handle the required mailings to the property
owners and prepare demolition bid specifications so we may secure demolition bids. At this time, it appears the
demolition funds will be from the 200612007 budget.
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.
As of the preparation of this request, fourteen (14) structures remain and condemnation ordinances have 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 inchided; however, only one complete ordinance is attached for
reference. Staff has included only the front page of the remaining thirteen ordinances.
The Dangerous Building Inspection Board (Chief Building Official, Fire Marshal and Fire Chief) unanimously
recommend that all fourteen (14) substandard structures be condemned and demolished.
Action Reauired bv Council:
Consider passage or other action regarding condemnation ordinances on fourteen (14) substandard structures.
)-a2~ -O~
Date
POTENTIAL DANGEROUS BUILDINGS
Summer 2006, Group 2
Update: August 14, 2006
1) 210 Edgewood
Zoning:
Use:
Legal :
HCAD:
Tax Roll:
Deed:
R-l
Dwelling (Mobile Home)
Blk. 2; Lots 7,8; Crescent Shores
#061-061-002-0007
1. H. Smith - P.O. Box 913 - La Porte, Tx 77572-0913
Paul Robert Bonner & Wanda Elaine Bonner - P. O. Box 913 -
La Porte, Tx 77572-0913
1. H. Smith % Elaine Bonner - P. O. Box 913 - La Porte, Tx 77572-0913
Paul R. Bonner - P. O. Box 1128 - Montgomery, Tx 77356 (Son)
None Owed
None Owed
Other:
Other:
Taxes:
Mowing/Clean-up Liens:
2) 202 Edgewood
Zoning:
Use:
Legal:
HCAD:
Tax Roll:
R-l
Dwelling (Mobile Home)
Blk. 2; Lots 5,6; Crescent Shores
#061-061-002-0005
Paul Bonner % Elaine Bonner - P. O. Box 913 - La Porte, Tx
77572-0913
Pino Candelari & Filomena Uguccioni - Unknown Address (Lot 6)
Unable to locate title document on Lot 5 [From 1953 to date]
Paul R. Bonner - P. O. Box 1128 - Montgomery, Tx 77356 (Son)
None Owed
None Owed
Deed:
Deed:
Other:
Taxes:
Mowing/Clean-up Liens:
3) 1911 Roscoe
Zoning: R-l
Use: Single Family Dwelling
Legal: Blk. 24; Lots 31-36; Bayfront
HCAD: #006-114-000-0031
Tax Roll: C. D. Wilkinson - 23 Bahama Dr. - Rockport, Tx 78382-3703
Deed: Charles D. Wilkinson, III - P. O. Box 27559 - Houston, Tx 77027
Other: C. D. Wilkinson - 23 Bahama Dr., Key Allegro - Rockport,
Tx 78382-3703
Other: Dave Gaar -742 S. Blackwell- La Porte, Tx 77571
Taxes: None Owed
Mowing/Clean-up Liens: None Owed
VOLUNTARY CONSENT TO DEMOLISH FROM MR. GAAR
Potential Dangerous Building List
Summer 2006, Group 2
Page 2
4) 513 S. Vtrginia
Zoning: R-1
Use: Single Family Dwelling
Legal: Blk. 240; Lots 8, 9 & S. 7' of Lot 7 & N. 4.58' of Lot 10 & Adj.
Strip; San Jacinto Homes
HCAD: #069-099-006-0007
Tax Roll: City of La Porte
Deed: Paul Schaider & Elaine Schaider - 1608 Roscoe Ave.-
La Porte, Tx 77571
2006 Tax Resale: Paul 1. Schaider - 1608 Roscoe - La Porte, Tx 77571
Taxes: $7,349.65 (As of July 2006)
Mowing/Clean-up Liens: None Owed
5) 521 & 521 Y2 N. Broadway
(521: Liquor store@ road; 521 Y2: Smokehouse building @ club)
Zoning:
Use:
Legal:
HCAD:
Tax Roll:
GC
Commercial
Blk. 108; Lots 25-28; La Porte
#023-218-008-0025
Arthur Walker, Jr. & Joseph L. Walker - 8718 Bemdale-
Houston, Tx 77029
Arthur Walker, Jr. & Joseph Lee Walker - 8523 Collingdale -
La Porte, Tx 77571
Other: N/ A
Taxes: $2,233.40 (As of July 2006)
Mowing/Clean-up Liens: $25.00
VOLUNTARY CONSENT TO DEMOLISH ON BOTH STRUCTURES
Deed:
6) 213 N. 2nd Street
Zoning:
Use:
Legal:
HCAD:
Tax Roll:
Deed:
Other:
R-1
Single Family Dwelling
Blk. 63; Lots 26,27; La Porte
#023-196-063-0026
Lillie B. Warren - P. O. Box 451 -La Porte, Tx 77572-0451
Idell Warren & wife, Lillie B. Warren - 213 N. 2nd St.-
La Porte, Tx 77571
Lillie B. Warren % Lisa Anderson - 417 Spencer Landing West-
La Porte, Tx 77571
None Owed
None Owed
Taxes:
Mowing/Clean-up Liens:
Potential Dangerous Building List
Swnmer 2006, Group 2
Page 3
7) 505 N. 4th Street
Zoning:
Use:
Legal:
HCAD:
Tax Roll:
Deed:
R-2
Single Family Dwelling
Blk. 104; Lots 19-22; La Porte
#023-216-004-0019
Rev. Joe Durden - 505 N. 4th St. - La Porte, Tx 77571-3307 (Deceased)
Wilson James Majors, Jr. - 505 N. 4th St. - La Porte, Tx 77571
(Grandson)
N/A
Other:
Taxes:
Mowing/Clean-up Liens:
$858.07 (As of July 2006)
$165.00
8) 129 N. 5th Street
Zoning: Main Street District
Use: Single Family Dwelling
Legal: Blk. 55; Lots 30-33; La Porte
HCAD: #023-188-000-0030
Tax Roll: Alfonso Gutierrez Jr. & Maria N. - 129 N. 5th St.
La Porte, Tx 77571-3425
Deed: Alfonso Gutierrez Jr. & Maria N. - 129 N. 5th St.
La Porte, Tx {sic] 77571
Other: Alfonso Gutierrez, Jr. & Maria N. - 7403 Comanche Street -
Baytown, Tx 77521
Taxes: None Owed
Mowing/Clean-up Liens: $894.00
VOLUNTARY CONSENT TO DEMOLISH
9) 628 N. 5th Street
Zoning: BI
Use: Single Family Dwelling
~: Blk. 331; Lots 3,4; La Porte
HCAD: #024-039-031-0003
Tax Roll: Andrew 1. Mrhring - 628 N. 5th 81. - La Porte, Tx 77571-3312
Deed: Enrique Rodriguez - 628 N. 5th St. - La Porte, Tx 77571-3312
Other: Andrew 1. Mehring - 911 Richvale Ln. - Houston, Tx 77062
Taxes: $197.28 (As of July 2006)
Mowing/Clean-un Liens: $345.00
Potential Dangerous Building List
Smnmer 2006, Group 2
Page 4
10) 632 N. 5th Street
BI
Single Family Dwelling
Blk. 331; Lots 1,2; La Porte
#024-039-031-0001
Addie Mathews - P. O. Box 24 - 632 N. 5th St. -
La Porte, Tx 77571-3312
Deed: City of La Porte - Tax Cause #2004-38206 (06/07/05 Filing Date)
Other: NI A
~: $12,845.36 (As of July 2006)
Mowing/Clean-up Liens: None Owed
CITY OWNED STRUCTURE; NO VOLUNTARY FORM NEEDED
Zoning:
Use:
!&g,aJ:
HCAD:
Tax Roll:
11) 305 N. 6th Street
Zoning: R-l
Use: Single Family Dwelling
Legal: Blk. 78; Lots 19,20; La Porte
HCAD: #023-203-078-0019
Tax Roll: Gertie Pinkney - 305 N. 6th St. - La Porte, Tx 77571-3203
Deed: Gertie Pinkney - 305 N. 6th St. - La Porte, Tx 77571
Information as of 08/0 1/06:
Other: Gertie Pinkney -7267 Whiting Rock - Baytown, Tx 77521
Other: Deborah Turner - 1800 James Bowie Dr., #38 -
Baytown, Tx 77520 (Daughter)
Taxes: None Owed
Mowing/Clean-up Liens: None Owed
VOLUNTARY CONSENT TO DEMOLISH
12) 1306 N. 10th Street
Zoning: BI
Use: Commercial
Legal: Tr. 27, Blk. 27; & Tr. 28, Blk. 28; & Tr. 3; Abst. 5, E. Brinson
HCAD: #027-083-000-0001
Tax Roll: Oak Park Trading Ltd. - 1400 N. 10th St., Trlr. IDO-
La Porte, Tx 77571-3231
Deed: Oak Park Trading Ltd. - 1400 N. 10th St., Box 100-
La Porte, Tx 77571 (1/2 Interest)
Unable to Locate Deed on remaining !h Interest
Other: Oak Park Trading Ltd. % Hal Lawler - 911 Oak Leaf -
La Porte, Tx 77571
Taxes: None Owed
Mowing/CleaIrup Liens: None Owed
Potential Vangerous Building List
Summer 2006, Group 2
Page 5
13) 502 N. 11th Street
Zoning:
Use:
Legal:
HCAD:
Tax Roll:
Deed:
Other:
GC
Salvage Yard
Blk. 98; Lots 15,16; La Porte
#023-213-098-0015
Calixtro Castillo - P. O. Box 831 - La Porte, Tx 77572-0831
Calixtro Castillo - 502 N. 11th St. - La Porte, Tx 77571
Calixtro Castillo % Calixtro Castillo, Jr. -721 Princeton-
Deer Park, Tx 77536
Calixtro Castillo, Jr. - 10815 N. L St. - La Porte, Tx 77571 (Son)
$2,443 .11 (As of July 2006)
$195.00
Other:
Taxes:
Mowing/Clean-up Liens:
14) 10911 North L Street, Trailer #7
(REMOVED BY OWNER 08/08/06; ABATED, NO ACTION BY CITY)
Zoning: MH
Use: Dwelling (Mobile Home)
Legal: Tr. 426B, W. ~ ofE. ~; La Porte OutIots
HCAD: #023-140-000-0523
Tax Roll: Linda Dickerson - 5901 Gateshead Dr. - Austin, Tx 78745-3528
Deed: Glennwood Enterprises - 4056 North Duck Creek Rd. -
Cleveland, Tx 77327
Other: Glenn Brown dba Glennwood Enterprises - P. O. Box 5309
Pasadena, Tx 77508 (park License)
Taxes: None Owed
Mowing/Clean-up Liens: None Owed
VOLUNTARY CONSENT TO DEMOLISH
Potential Dangerous Building List
Swnmer 2006, Group 2
Page 6
15) 10911 North L Street, Trailer #8
(REMOVED BY OWNER 08/08/06; ABATED, NO ACTION BY CITY)
Zoning: MH
~: Dwelling (Mobile Home)
Legal: Tr. 426B, W. ~ ofE. ~; La Porte Outlots
HCAD: #023-140-000-0523
Tax Roll: Linda Dickerson - 5901 Gateshead Dr. - Austin, Tx 78745-3528
Deed: Glennwood Enterprises - 4056 North Duck Creek Rd. -
Cleveland, Tx 77327
Other: Glenn Brown dba Glennwood Enterprises - P. O. Box 5309
Pasadena, Tx 77508 (park License)
Taxes: None Owed
Mowing/Clean-up Liens: None Owed
VOLUNTARY CONSENT TO DEMOLISH
16) 10911 North L Street, Trailer #26
(REMOVED BY OWNER 08/08/06; ABATED, NO ACTION BY CITY)
Zoning: MIl
Use: Dwelling (Mobile Home)
Legal: Tr. 426B, W. ~ ofE. ~; La Porte Outlots
HCAD: #023-140-000-0523
Tax Roll: Linda Dickerson - 5901 Gateshead Dr. - Austin, Tx 78745-3528
Deed: Glennwood Enterprises - 4056 North Duck Creek Rd. -
Cleveland, Tx 77327
Other: Glenn Brown dba Glennwood Enterprises - P. O. Box 5309
Pasadena, Tx 77508 (park License)
Taxes: None Owed
Mowing/Clean-up Liens: None Owed
VOLUNTARY CONSENT TO DEMOLISH
S:\City Planning Share\lNSPECTION DIVISION\ALL OTIffiR STUFF\Code Enforcement\Dang Buildings\2006
Swnmer Group 2.doc
ORDINANCE NO. 2006- ~q~o
AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON BIle.. 2 Lots 7-8.
Crescent Shores, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING
SUCH BUILDING(S) CONDEMNED; FINDING THAT Paul Robert Bonner & Wanda Elaine
Bonner. J. H. Smith % Elaine Bonner and Paul R. Bonner 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
Ordinance No. 2006- ~ q d-P
Page 2
WHEREAS, it has heretofore come to the attention of the Board that the building(s)
located on Blk. 2. Lots 7-8. Crescent Shores which is further described as 210 Edgewood, Harris
County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate 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, July 5.
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, Paul Robert Bonner & Wanda Elaine Bonner, whose address is P. O. Box 913.
La Porte. TX 77572-0913, 1. H. Smith % Elaine Bonner. whose address is P. O. Box 913. La
Porte. Tx 77572-0913. and Paul R. Bonner. whose address is, P. O. Box 1128. Montgomery.
Ix 77356 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 August 4.2006 (paul Robert Bonner & Wanda Elaine Bonner).
August 4.2006 (1. H. Smith % Elaine Bonner). and July 28.2006 (paul R. Bonner). 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
Ordinance No. 2006- ~qM
Page 3
WHEREAS, City Council entered its order on August 28. 2006 a day which is within
fifteen (15) days after the termination of the hearing; NOW THEREFORE:
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 Paul Robert
Bonner & Wanda Elaine Bonner., who resides at P. O. Box 913. La Porte. TX 77572-0913, J. H.
Smith % Elaine Bonner. who resides at P. O. Box 913. La Porte. Tx 77572-0913. and Paul R.
Bonner. who resides at P. O. Box 1128. Montgomery. Tx. 77356 and is the record owner(s) of
the property on which this building is situated, and that as such record owner(s), the said Paul
Robert Bonner. & Wanda Elaine Bonner. J. H. Smith % Elaine Bonner. and Paul R. Bonner has
been duly and legally notified of those proceedings.
Section 5. The City Council hereby orders the said Paul Robert Bonner & Elaine
Bonner. J. H. Smith % Elaine Bonner. and Paul R. Bonner to entirely remove or tear down such
building(s), and further orders the said Paul Robert Bonner & Elaine Bonner, J. H. Smith %
Elaine Bonner. and Paul R. Bonner 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.
Ordinance No. 2006-~ 4 ~ D,
Page 4
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 Paul Robert Bonner &
Wanda Elaine Bonner. J. H. Smith % Elaine Bonner. and Paul R. Bonner by registered mail,
return receipt requested.
Section 8. Should the said Paul Robert Bonner & Wanda Elaine Bonner. J. H. Smith
% Elaine Bonner. and Paul R. Bonner 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 be charged against the said Paul Robert Bonner &
Wanda Elaine Bonner. J. H. Smith % Elaine Bonner. and Paul R. Bonner, 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.
Ordinance No. 2006- ftJff~
Page 5
Section 10. This Ordinance shall take effect and be in force from and after its passage
and approval.
PASSED AND APPROVED this the ~'I)!I- day of ~ ,2006.
CITY OF LA PORTE ~
By: ~\~
Mayor
ATTEST:
~~ i1vf.)(j
City Secretary
AP~ ..
T~
City Attorney
City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE: 7-5-06
STREET ADDRESS: 210 EDGEWOOD
HCAD OWNER: J. H. SMrIH . P. O. BOX 913 - LA PORTE. TX ~572-O913
DEED OWNER: PAUL ROBERT BONNER IJr.. WANDA ELAINE BONNER - P. O. BOX 913 -
LA PORTE. TX 77572-0913
OTHER: J H. SMrIH .O/..ELAINE BONNER - P. O. BOX 913 - LA PORTE. TX 77572-0913
OTHER: PAUL R BONNER (SON> - P.O. BOX 1128 - MONTGOMERY. TX 77356
LEGAL: BLOCK 2. LOTS 7-8: CRESCENT SHORES
OCCUPANCY TYPE: RESIDENCE
NON-cGNFORMlNG ISSUES:
ZONING:
R-1
YES
YES
SEWER:
YES
F Acn.JTIES A V AlLABLE: WATER:
ELECTRICAL:
GAS:
YES
NO.OF DWELLING UNITS:
VACANT:
YES
OCCUPIED:
AS REQUIRED IN '!HE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VITI, THE BOARD OF
INSPECTION MADE AN INSPECIlON OF '!HE AFOREMENTIONED PROPERTY, AND DETERMINED '!HE
BUILDING LOCATED THEREON, IN TIIEIR OPINlON, IS IN FACf A DANGEROUS BUILDING, FOR mE
FOll.OWING REASONS:
Sec. 82-473. Declaration of Public Nuisance and Hazard.
A. Dangerous or Substaudard 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 CUIreDt building code standards. These vacaut 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 structuIal strength or stability thereof is materially less 1han it was before such
catastrophe and is less 1han the minimum requirements of the building code for new buildings of similar sttucture,
purpose or location;
L-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;
L- 4. Whenever the building or structure, or any portion thereof, 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-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 InspectionFlll1Il
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 pwposes, because of
inadequate m..mtfman"c, 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 sufficieut fire-resistive construction, faulty electric wiring, gas connections, or
heating appaiatus or other cause, is determined by the Board to be a the ~
B. Dangerous or substandard electrical, plumbing, or mechanical iostallatioDS.
A building or structure shaD be considered dangerous or substandard whenever it is determined by
the Board, that any or aD of the following is applicable:
L-l. Whenever any protective or safety device specified in The Electrical Code and of1his title is not
provided or is iaoperative, 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 m..;nt>I;ned
in violation of the building code and/or fire code so as to constitute a poteutial hazard to life, health, property or
safety .
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
OPTION #2:
~OT REF AIRABLE - RESIDENTIAL)
IN ACCORDANCE WITH THE Cl1'Y'S DANGEROUS BUILDING REGULATIONS AND THE 2003 INTERNATIONAL
RESIDENTIAL CODE. AS ADOP'IED. 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 BUlLDING
INSPECTION BOARD 'IHAT nns BUlLDlNG IS IN FACT DANGEROUS. BUT NOT REPAIRABLE. AND SHOUlD
BE DEMOUSHED. TInS BUILDING DOES NOT PROVIDE THE BASIC MINIMUM HOUSING STANDARDS
DEEMED ESSENTIAL FOR SAFE AND HEALTHFUL UVING FOR A RESIDENTIAL OCCUPANCY AND IS A
THREAT TO PUBLIC SAFETY HEALTIi AND THE GENERAL WELFARE OF THE CITIZENS OF LA PORTE.
x~~, ~ VJ~W 7-10"-Q&
B G OFFICIAL'S OFFICE DATE
~/~
. 'S OFFICE
i/~~~ 7110/012,
S OFFICE DATE
7t1D~'~~
DATE
Dangerous Building 1nspect:ioo. F ann
A = Adequate
L STRUCTURAL
A FoundatioB
1. Slab
2. Pier /k. Beam
a. Footings
b.Sills
c.Joists
B. WaDs
1. Exterior
2. Interior
Means of Egress
1. Doors
a. I:ntcrior
b. Exterior
2. Porches, Steps,
~
3. Wmdows
D. Roof
1. Rafters
2. Deck, Shingles
E. Ceilings
1. Joists
2. Ceiling
F. Floon
G. Other
n. MEHCANICAL SYSTEMS
A. Electrical
1. Service Enttance
/k. Panel
2. WrriDg
3. Lights, Switches
4. Ootlets
5. Other
D = Deficient
Btm.DING EVALUATION CHECKLIST
Page 3
A--
HLA--
HLL-
HLL-
L-
IL-
L-
A--
L-
L-
N/A
!lliK-
L-
L-
L-
~
XL--
XL--
XL--
XL--
N/A
UN!(
!lliK-
UN!(
UN!(
!lliK-
UNK
!lliK-
XL--
!lliK-
UN!(
UNK
NlA = Not Applicable
COMMENT I EXPLANATION
*
EXT. WALLS ON ROOM ADDmON HAS ROT &. HOLES: MH
EXT. SKIN IS ADEOUATE
ROT. HOLES IN INT. WALLS OF ADDmON &. MH
MISSING. DAMAGED ON ADDmON &. MH
PORCH/STEPS FOR REAR OF MH IS MISSING
BROKEN WINDOWS IN ADDmON /k. MH
MH METAL RooF- UNABLE TO INSPECT: ADDmONRooF-
UNABLE TO INSPECT
ROTTED DAMAGED ON ADDmON &. MH
MISSING. DAMAGED ON MH
BUCKLED. HOLES. DAMAGED ON MH
NOT TO CODE
NOT TO CODE
MISSING. BROKEN IN MH
MISSING. DAMAGED IN MH
NO PLBG IN ADDmON' UNABLE TO INSPECT IN MH
NO PLBGIN ADDmON: UNABLE TO INSPECT IN MH
NO PLBG IN ADDmON: UNABLE TO INSPECT IN MH
NO PLBG IN ADDmON: UNABLE TO INSPECT IN MH
NO PLBG IN ADDmON: UNABLE TO lNSPBCT IN MH
NO PLBG IN ADDmON: UNABLE TO INSPECT IN MH
NO PLBG IN ADDmON: UNABLE TO INSPECT INMH
INT SEWER-UNABLE TO INSPCT: EXT -BROKEN SEWER LINE
UNABLE TO INSPECT INMH
NO HEATING IN ADDmON' UNABLE TO INSPECT IN MH
NO AlC IN ADDmON:UNABLE TO INSPECT INMH
DEBRIS. WEEDS
METAL CARPORT-HOLES IN METAL ROOFING
c~ * ROOM ADDmON IS ON SLAB &. MOBILE HOME METAL UNDERCARRIAGE HAS BLOCKS ON
EXISTING SLAB. MOBILE HOME HAS BEEN DECLARED AS AN ABANDONED NON-CONFORMING
STRUCTURE IN ANR-l ZONE.
B. Plumbing
1. F1XlmeS
a. Sink
b. Lavatories
c. Water/Closets
d. Shower
e Water Heater
2. Water Piping
3. Drain, Waste
/k. V CDt
4. SewerISeptic lank
5. Gas System
C. HedDg &: AlC
1. Heating
2. Air ConditioDing
Ill. PROPERTY CONDmONS
1. Ar;cessory StmdDIes HLA--
2. ConditionafGrounds XL--
3. Other XL--
S:\Cl'Sbare\lNSPECTION DMSlONIALL OTHER STUFF\Code EaforcemontlDaDg llWIcIiDp\D B lNSP FORM 2]0 EDGEWOOD.c1oc07-2004 Rev.
ACTION OF CITY COUNCIL
On this, the ~ WI- day of , the City Secretary of the
City of La Porte, having received th 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
ofthe City's Code of Ordinances Article VIII, Section 82-478.
CITY OF LA PORTE
~~~JlL
By:
ATTEST:
L1l-atffi~ ~~
CIty Secretary
CITY SECRETARY'S CERTIFICATE
I hereby certify that on the ~ day of ~ ,L, I mailed a
notice to the above named owner, in connection with the ove 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.
~{U~
artha Gillett, TRMC, CMC
City Secretary
S:\CPShare\Code Enforcement\Action by City Council Fonn.dQc
April 2004. Rev.
ORDINANCE NO. 2006- aqR)
AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON Blk. 2. Lots 5-6.
Crescent Shores, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING
SUCH BUILDING(S) CONDEMNED; FINDING THAT Paul Bonner % Elaine Bonner. and
Paul R. Bonner. 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
Ordinance No. 2006- ~q d---{
Page 2
WHEREAS, it has heretofore come to the attention of the Board that the building(s)
located on Blk. 2. Lots 5-6. Crescent Shores which is further described as 202 Edgewood, Harris
County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate 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, July 5.
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, Paul Bonner % Elaine Bonner, whose address is P.O. Box 913. La Porte. TX
77572-0913. and Paul R. Bonner. whose address is P. O. Box 1128. Montgomery. Tx 77356 tha1
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 August 4.2006 (paul Bonner % Elaine Bonner) and July 28.
2006 (paul Bonner). 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;
Ordinance No. 2006- fl.B0)
Page 3
WHEREAS, City Council, after due deliberation, and within fifteen (IS) 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 August 28. 2006 a day which is within
fifteen (15) days after the termination of the hearing; NOW THEREFORE:
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 Paul Bonner
% Elaine Bonner who resides at P. O. Box 913. La Porte. TX 77572-0913 and Paul R. Bonner
who resides at P. O. Box 1128. Montgomery. Tx. 77356 and is the record owner(s) of the
property on which this building is situated, and that as such record owner(s), the said Paul
Bonner % Elaine Bonner and Paul R. Bonner has been duly and legally notified of those
proceedings.
Section 5. The City Council hereby orders the said Paul Bonner % Elaine Bonner &
Paul R. Bonner to entirely remove or tear down such building(s), and further orders the said Paul
Bonner & Elaine Bonner and Paul R. Bonner 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.
Ordinance No. 2006- J c,a..)
Page 4
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 Paul Bonner % Elaine
Bonner and Paul R. Bonner, by registered mail, return receipt requested.
Section 8. Should the said Paul Bonner % Elaine Bonner and Paul R. Bonner, 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
be charged against the said Paul Bonner % Elaine Bonner and Paul R. Bonner, 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.
Ordinance No. 2006- 0'1J,.f,
Page 5
Section 10. This Ordinance shall take effect and be in force from and after its passage
and approval.
PASSED AND APPROVEDlhis the 3 iSf dayof ~I
, 2006.
CITY OF LA PORTE
By:
APPROVED:
~-r~
City Attorney
City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE: 7-5-06
STREET ADDRESS: 202 EDGEWOOD
HCAD OWNER: PAUL BONNER %ELAINE BONNER - P. O. BOX 913 - LA PORTE. TX 77572-0913
DEED OWNER: PIND CANDELARI & FILOMENA UGUCCIONI - UNKNOWN ADDRESS (LOT 6)
DEED OWNER: #2: UNABLE TO LOCATE TITLE DDCUMENT 0'1'1 LOT 5 IFROM 1953 TO DATEl
OTHER: PAUL R BONNER - P.O'. BOX 1128 - MONTGOMERY. TX 77356 (SDN)
LEGAL: BLOCK 2' LOTS 5-6: CRESCENT SHORES
OCCUPANCY TYPE: RESIDENCE
NON-CDNFDRMING ISSUES:
FACILITIES A V AlLABLE: WATER:
ELECfRlCAL:
ZONING:
R-l
YES
SEWER:
YES
YES
GAS:
YES
NO.DF DWELLING UNITS:
VACANT:
YES
DCCUPIED:
AS REQUIRED IN THE CITY'S CODE OF DRDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF
INSPECTIDN MADE AN INSPECTION DF THE AFOREMENTIDNED PROPERTY, AND DETERMINED THE
BUUDING 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 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 appmtenance 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) 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;
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;
Dangc:rtl1JS Buildings Inspection Form
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 pmpose of committi1lg unlawful acts;
L-7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of
inadequate mai~ce, dilapidation, decay, damage, faulty construction or ammgement, 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, fuulty electric wiring, gas connections, or
heating appaIlIiUS or o1her 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 d:mgerous or suDstandard whenever it is determined by
the Board, that any or all of the foUowing 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 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;
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.
FINDINGS AND CONCLUSIONS OF TIIE BOARD OF INSPECTION:
OPTION #2:
(NOT REPAIRABLE - RESIDENTIAL)
IN ACCORDANCE WITH mE CITY'S DANGEROUS BUll..DING REGULATIONS AND THE 2003 INTERNATIONAL
RESIDENTIAL CODE. AS ADOPTED. AMENDED AND ENAClED BY CITY. ORDINANCE #04-2700 AND #96-2079-
B. USING lEE REGULATIONS AND CODE AS ITS GUIDE. IT IS mE OPINION OF lEE DANGEROUS BUILDING
INSPECTION BOARD THAT TInS BUll..DING IS IN FACT DANGEROUS. BUT NOT REPAIRABLE. AND SHOUlD
BE DEMOLISHED. TInS BUIIDING DOES NOT PROVIDE TIm BASIC MINlMUM HOUSING STANDARDS
DEEMED ESSENTIAL FOR SAFE AND HEALlHFUL UVING FOR A RESIDENTIAL OCCUPANCY AND IS A
THREAT TO PUBLIC SAFETY. REALm AND lEE GENERAL WELFARE OF TIIE CITIZENS OF LA PORTE.
x~~ A 1J~\V ?-It'~"
Bun.D G OFFICIAL'S OFFICE DATE
~h~
FIRE 'S OFFICE
JJ/;1,h ~!':/ 4k
S OFFICE / ATE
f to /oc-p
( DAl'E
Dangerous Building 1nspecticm Form
A'"' Adequate
L STRUCTURAL
A. FODDdatioD
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. Wmdows
D. Roof
1. Rafters
2. Deck, Shingles
E. CeiliDgs
1. Joists
2. Ceiling
F. Floors
G. Other(ADDN)
n. MEHCANICAL SYSTEMS
A. EIectrieaI
1. Service Entrance
& Panel
2. Wiring
3. Lights, Switches
4. Outlets
5. Other
B. Plumbing
1. F1Xtures
a. Sink
b. Lavatories
c. WaterlClosets
d. Shower
e Water Heater
2. Water Piping
3. Drain, Waste
&Veut
4. SewerJSeptic 1aDk
5. Gas System
C. Heating & AlC
1. Heating
2. Air ConditioDing
m. PROPERTY CONDITIONS
Page 3
D '"' DeficieIU
BUJLDING EVALUATION CHECKLIST
UNK.
~
~
UNK
IL-
IL-
A--
A--
IL-
IL-
~
IL-
IL-
IL-
UNK.
IL-
UNK
UNK.
UN!(
UN!(
tllA-
UNK.
~
UN!(
UN!(
~
~
UNK
UNK
UNK.
~
UNK.
1. A=sory Structures N/A
2. Condition of Grounds IL-
3. Other IL-
Nt A = Not Applicable
COMMENT I EXPLANATION
UNABLE TO INSPECT ONMH
UNABLE TO INSPECT ONMH
ROOM ADDITION - EXT WALLS HA VB HOLES. ROT: MH - EXT.
WALLS OK -
ROOM ADDITION INT. WALLS HA VB ROT. DECAY: MH INT.
WALLS OK
ROOM ADDITION HAS STEPS BUT NO LANDING: REAR DOOR
OF MH DOES NOTHA VB STEPS OR LANDING.
BROKEN GLASS ON ROOM ADDITION & MH
METAL ROOF OVER. ADDITION & MH DAMAGED HOLES &
LEANING SUPPORT POSTS.
ROT IN ROOM ADDITION
ROOM ADDITION - MISSING. DAMAGED BY WATER.
UNABLE TO INSPECT - DEBRIS IN HOME
ROOM ADDITION - FLOOR HAS ROT. DECAY
UNABLE TO INSPECT'
UNABLE TO INSPECT'
UNABLE TO INSPECT'
UNABLE TO INSPECT'
NO PLBG IN ROOM ADDITION: UNABLE TO INSPECT ON MH
NO PLBG IN ROOM ADDITION: UNABLE TO INSPECT ON MH
NO PLBG IN ROOM ADDITION: UNABLE TO INSPECT ON MH
NO PLBG IN ROOM ADDITION: UNABLE TO INSPECT ON MH
NO PLBG IN ROOM ADDITION: UNABLE TO INSPECT ON MH
NO PLBG IN ROOM ADDITION: UNABLE TO INSPECT ON MH
NO PLBG IN ROOM ADDITION: UNABLE TO INSPECT ON MH
POSSIBLE SEPTIC TANK ON SITE
POSSIBLE SEPTIC TANK ON SITE
UNABLE TO INSPECT
UNABLE TO INSPECT
DEBRIS. WEEDS
COVERED AREAS (METAL) -DAMAGED. HOLES
Comments: MOBlLE HOME HAS BEEN DECLARED AS AN ABANDONED NON-CONFORMING STRUCTIJRE
IN ANR-1 ZONE.
S:'CPSboreIINSPECTION DMSION\A.U. OTHER STUFFlCode Emarcement\I>ang Bui1dingsID B INSP FORM 202 EDGEWOOD.doc07.2004 Rev.
ACTION OF CITY COUNCIL
On this, the a <t.JI- day of ~ , the City Secretary of the
City of La Porte, having received the 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
ofthe City's Code of Ordinances Article VITI, Section 82-478.
CITY OF LA PORTE
By d>>v~4J~'tJJ-
ATTEST:
~d~ !itJJ
Ctty Secretary
I hereby certify that on the 31:5f day of , _, I mailed a
notice to the above named owner, in connection with the hove 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.
Ll!]dfliu, &1J//
Martha Gillett, TRMC, CMC
City Secretary
S:\CPShare\Code Enforcement\Action by City COWlcil Fonn.doc
April 2004. Rev.
ORDINANCE NO. 2006- ~ q [)..!f
AN ORDINANCE DECLARING THE BlJaDING(S) LOCATED ON Blk 24 Lots 31-36.
Bayfront, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH
BlJaDING(S) CONDEMNED; FINDING THAT C. D. Wilkinson. Charles D. WilkinsoaTIt
and Dave Gaar. IS THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID
OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BlJaDING(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
BlJaDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BlJaDING(S);
ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO
SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BlJaDING(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
Ordinance No. 2006- ~ 4 ~ }-
Page 2
WHEREAS, it has heretofore come to the attention of the Board that the building(s)
located on Blk. 24. Lots 31-36. Bayfront which is further described as 1911 Roscoe, Harris
County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate 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, June 22.
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, C. D. Wilkinson, whose address is 23 Bahama Dr.. Key Allegro. Rockport. TX
78382-3703, Charles D. Wilkinson. III whose address is P. O. Box 27559. Houston. Tx. 77027.
and Dave Gaar whose address is 742 S. BlackwelL 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 July 28.2006 (c. D Wilkinson). Post Office Attempted
Delivery on July 26.2006 (c. D. Wilkinson. III). and July 26.2006 (Dave Gaar). 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;
Ordinance No. 2006- ft. t)~, ;--
Page 3
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 August 28. 2006 a day which is within
fifteen (15) days after the termination ofthe hearing; NOW THEREFORE:
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 C. D.
Wilkinson, who resides at 23 Bahama Dr.. Key Allegro. Rockport. TX 78382-3703. Charles D.
Wilkinson III. who resides at P.O. Box 27559. Houston. Tx. 77027. and Dave Gaar who resides
at 742 S. Blackwell. 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 C. D. Wilkinson. Charles D.
Wilkinson. ill, and Dave Gaar has been duly and legally notified of those proceedings.
Section 5. The City Council hereby orders the said C. D. Wilkinson. Charles D.
Wilkinson. III and CD. Wilkinson and Dave Gaar to entirely remove or tear down such
building(s), and further orders the said C. D. Wilkinson. Charles D. Wilkinson III. and Dave
Gaar 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
Ordinance No. 2006- ~ 4 J-J-
Page 4
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 C. D. Wilkinson.
Charles D. Wilkinson III and Dave Gaar, by registered mail, return receipt requested.
Section 8. Should the said C. D. Wilkinson. Charles D. Wilkinson. ID. and Dave
Gaar, 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 be charged against the said C. D. Wilkinson. Charles D. Wilkinson. III, C. D.
Wilkinson and Dave Gaar 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
Ordinance No. 2006-J. q (}.;2.
Page 5
Section 10. This Ordinance shall take effect and be in force from and after its passage
and approval.
PASSED AND APPROVED this the ;? ~ay of ;JN~ ' 2006.
CITYpzL~PORTE ~
By: ~~t~
Mayor
ATTEST:
~ t
/(jjfrJ; ~//i!
City Secretary
APPROVED:
aAT~
City Attorney
ACTION OF CITY COUNCIL
On this, the ~ ofl-- day of , the City Secretary of the
City of La Porte, having received the ab ve and foregoing report from the Dangerous
Building Inspection Board of the City 0 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:
~pckJdL-
ATTEST: '.
~6iIB &4t!
City Secretary
CITY SECRETARY'S CERTIFICATE
I hereby certify that on th~ day of , -. I mailed a
notice to the above named owner, in connection with the ove 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.
~d- I<LutJ/
artha 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: 6-22-06
STREET ADDRESS: 1911 Roscoe
HCAD OWNER: C. D. wn...KINSON - 23 BAHAMA DR - ROCKeORT. TX 78382-3703
-
DEED OWNER: CHARLES D. WILKINSON:g:r - P. O. BOX 27559 - HOUSTON. TX 77027
OTHER: C. D. wn...KINSON - 23 BAHAMA DR - KEY AT.T J:<GRO - ROCKPORT. TX 78382-3703
LEGAL: BLK 24. LTS 31-36. BAYFRONT
OCCUPANCY~: RESIDENCE
NON..coNFORMlNG ISSUES: N/A
ZONlNG:
R-1
F ACILlTIES A V AlLABLE: W A'IER;
YES
SEWER;
ELEcrRICAL:
YES
GAS:
YES
YES
NO.OF DWELLING UNITS:
(l)
VACANT:
YES
OCCUPIED:
AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE vm. mE BOARD OF
INSPECTION MADE AN INSPECTION OF mE AFOREMENTIONED PROPERTY, AND DETERMINED mE
BUILDING LOCA'IED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR mE
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 foDowing is applicable:
~l. A building that is vacant, and is not up to curreut building code standards. These vacant buildings
can be either open to trespass or boarded up;
L-2. Whenever any portion thereofbas been damaged by fire, earthquake, wind, flood, or by any other
cause to such an exteIIt that the struct.UIal strength or stability thereof is materially less than it was before such
ca1astrophe and is less 1han 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 st:ructure. or any portion thereot: because of (a) dilapidation,
deterioration, or decay; (b) faulty construction; (c) the removal, movemCDt or instability of any portion of1he
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-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 1Dspectian Foml
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 haIbor for VlIgI3D1S, or as to (c)
enable persons to resort tbcreto for the purpose of commi1ring unlawful acts;
~ 7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of
inadequate m,.;ntma'l<".e, dilapidation, decay, damage, faulty construction or ammgement. inadequate ligbt., 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, faulty electric wiring. gas connections, or
heating appaiatus or other cause, is determined by the Board to be a fiR: hazard;
-
B. Dangerous or substandard eJec:trkal, plumbing, or mechauica1 installatious.
A building or structure shall be considered dangerous or substandard wbeDever it is determined by
the Board, that any or all of the foOowing is applicable:
L-L Whenever any protective or safety device specified in The Elec:trical Code and of1his title is not
provided or is iaoperative, 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 maint.enMce, 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 tbcreof was constructed, installed, a.I:t:ered or mlIim..ined
in violation of the building code andlor fire code so as to constitute a poteDtia1 hazard to life, health, property or
safety.
FINDINGS AND CONCLUSIONS OF 'IRE BOARD OF INSPECTION:
OPTION #1:
(JtEP AIRABLE - RESIDENTIAL)
IN ACCORDANCE wrm THE CITY'S DANGEROUS Bun..DING REGULATIONS AND TIm 2003 lNTERNATIONAL
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 TIm OPINION OF THE DANGEROUS BUlLDING
INSPECl10NBOARD 'IHATTInS BUILDING IS IN FACT DANGEROUS. BUT STILL REPAIR.ABLE. ALL
REOUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE wrm ALL APPLICJI. RT F CITY OF
LA PORlE CODES AND ORDINANCES. IF TIm REPAlR OR ALTERATION ORDER IS NOT COMPr.lF.T) WITH
wrmIN 'mE TIMET ABLE SET our IN ARTICLE vm. SECTION 82-478. IT IS 'IHEN TIm OPINION OF THIS
BOARD mAT THIS BUUDING BE DEMOLISHED.
x~J... -~ lvJ'i7'fg.W Q-/f7-t'6
BUILDING OFFICIAL'S OFFICE DAlE
xa~'
FIRE OFF!
J/JltP~
S OFFICE .
1~r1~
~~~
I DAlE
Dangerous Building Inspec:tion FOIID Page 3
BUlLDING EVALUATION CHECKLIST
A = Adequate D = Deficient NlA = Not Applicable
L STRUCTURAL COMMENT I EXPLANATION
A. FOUDdatioa
1. Slab HLA-
2. Pier &. Beam
a. Footings IL-- UNEVEN SETILEMENT
b.Sills UNK UNABLE TO INSPECT
c. Joists UNK UNABLE TO INSPECI'
-
B. Walls
1. Exterior IL-- ROT. HOLES
2. Interior UNK UNABLE TO INSPECT
c. MeaDs ofEgresI
1. Doors
a. Inlerior UNK UNABLE TO INSPECI'
b.aterior A--
2. Pozt:hes, Steps,
Stairs IL-- BACK PORCH NOT SUPPORTED
3. Wmdows L- ROT AT FRAME: MISSING GLASS
D. :Roof
1. Rafters UNK UNABLE TO INSPECI'
2. Deck, Shingles L- DECKROT.HOLES. FACIA ROT
E. Ceilings
1. Joists UNK UNABLE TO lNSPECI'
2. Ceiling UNK UNABLE TO INSPECI'
F. Floors UNK UNABLE TO INSPECI'
G. Olher HLA-
B. Plumbing
1. F1XlDres
a. Sink:
b. Lavatories
c. WaterJOosetS
d Sboweri'Tub
e Water Heater
2. Water Piping
3. Drain, Waste
&'Vent
4. Sewer!Septic tank
S. Gas System
C. BeatiIa: & AlC
1. &ating
2. Air CoaditioDiug
m. PROPERTY CONDITIONS
1. Act:1:ssory StIuctures ~
2. Condition of Grounds A--
3. Other
n. :MEHCANICAL SYSTEMS
A. E1ec:tricaI
1. Service Entnmce
&. Panel
2. WIring
3. lights, Switches
4. Outlets
S. Other
Comments:
IL--
!lliK...-
!lliK...-
UNK
HLA-
!lliK...-
L-
IL--
IL--
!mIL-
UNK
~
~
~
~
A--
PANEL NOT TO CODE
UNABLETOINSPECI'
UNABLE TO INSPECI'
UNABLETOINSPECI'
UNABLE TO INSPECT
OLD. POOR CONDITION
OLD. POOR CONDITION
OLD. POOR CONDmON
UN), 'RT P. TO INSPECT
UNABLE TO INSPECI'
UNABLE TO INSPECI'
UNABLE TO INSPECI'
UNABLE TO INSPECI'
WINDOW UNITS
S:\CPSbare\INSPECTION DM8ION\ALL OrnER STIJFP\CocIe EDforcemeatIDaDg BuiIdingoID B INSP FORM 1911 ROSCOE.cIoc()7-2004 Rev.
ORDINANCE NO. 2006- ~ttd:- ~
---'
AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON Blk. 240. Lots 8. 9. & S
7' ofLt 7 & N 4.58'ofLt 10 & Adi. Strip. San Jacinto Homes, HARRIS COUNTY, TEXAS, TO
BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING
THAT Paul Schaider & Elaine Schaider 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
Ordinance No. 2006- ~q~ 3
Page 2
WHEREAS, it has heretofore come to the attention of the Board that the building(s)
located on Blk. 240. Lots 8. 9 & S 7' ofLt 7 & N 4.58' onot 10. & Adj. Strip, San Jacinto
Homes which is further described as 513 S. Virginia, Harris County, Texas, has, for the reason of
neglect or misuse, been allowed to deteriorate 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, June 21.
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, Paul Schaider & Elaine Schaider. whose address is 1608 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 July 26.2006. 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;
Ordinance No. 2006- ~ q jJ
Page 3
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 August 28. 2006 a day which is within
fifteen (15) days after the termination of the hearing; NOW THEREFORE:
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 Paul Schaider
& Elaine Schaider, who resides at 1608 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 Paul
Schaider & Elaine Schaider has been duly and legally notified of those proceedings.
Section 5. The City Council hereby orders the said Paul Schaider & Elaine Schaider to
entirely remove or tear down such building( s), and further orders the said Paul Schaider & Elaine
Schaider 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.
Ordinance No. 2006- ~qvt3
Page 4
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 Paul Schaider & Elaine
Schaider, by registered mail, return receipt requested.
Section 8. Should the said Paul Schaider & Elaine Schaider, 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 be charged
against the said Paul Schaider & Elaine Schaider, 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
Ordinance No. 2006v1 q~3
Page 5
Section 10. This Ordinance shall take effect and be in force from and after its passage
and approval.
PASSED AND APPROVED this the ~ ~daY of /1u f'd ' 2006.
CIT~ LAPOR~_
BY:~'~
Mayor
ATTEST:
,
~dl4~ r4d/JI
CIty Secretary
APPR~ ~
tt4 /. ~A~
City Attorney
ACTION OF CITY COUNCIL
On this, the ;?~ day of (J~ . ~O() (, , the City Secretary of the
City of La Porte, having received t 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 OF LA PORTE
By:
rb ,bw~ tfL-.
ATTEST:
~tliiia, I;! ail
City Secretary
CITY SECRETARY'S CERTIFICATE
I hereby certify that on the 3J trt day of , ~, I mailed a
notice to the above named owner, in connection with the ove 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.
'-
~4Jth, ~
Mart a Gillett, RMC, CMC
City Secretary
S:\CPShare\Code Enforcement\Action by City Council Form.doc
April 2004. Rev.
City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DAlE: 6-21-06
STREET ADDRESS: 513 S VIRGINIA
HCAD OWNER: CITY OF LA PORTE
-
DEED OWNER: PAUL SCHAIDER &. ELAINE SCHAlDER -1608 ROSCOE A \/E- LA PORTE. TX 77571
OTHER: 2005 TAX RESALE: PAUL J. SCHAIDER - 1608 ROSCOE - LA PORTE. TX 77571
LEGAL:BLK240. LTS 8. 9&. S7'OFLOT7 &N 4.58'OFLOT 10 &.ADJ. STRIP. SAN JACINTO HOMES
OCCUPANCY 1:YPE: RESIDENCE ZONING: R-1
NON-CONFORMING ISSUES: N/A
F AClLITIES A V AlLABLE: WATER.; YES SEWER: YES
ELECTRICAL: YES GAS: YES
NO.OF DWELLlNG UNITS: (1)
VACANT: YES OCCUPIED:
AS REQumED 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
BUIlDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUlLDING, 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 cODSidered dangerous or substandard "believer it is
determined by the Board, that any or all of the following 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;
L-2. Whenever any portion thereofbas been damaged by fire. earthquake, wind, flood, or by any other
cause to such an extent that the structmal strength or stability thereof is materially less than it was before such
catastrophe and is less than the minirmun requirements of the building code for new buildings of similar structure,
puzpose 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 thereo~ because of (a) dilapidation,
deterioration, or decay; (b) faulty constroction; (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 thereot: is manifestly unsafe for
the purpose of which it is being used;
DaDg=rous BuikliiIgs Inspection F onn
Page 2
L-6. Whenever the building or structure has been SO damaged by fire, wind, ea.rtbquake, or flood, or has
become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagr.mts, or as to (c)
enable persons to resort thereto for the pwpose of cO.I....itti..g unlawful acts;
_7. Whenever a building or structore, used or intended to be used for dwelling purposes, because of
iDadequate maint_~ dilapidation, decay, damage. faulty ccmstruc:tion or ammgement, inadequate light, air, or
sanitation fucilities, or otherwise, is determined by the Board to be unsanitaIy, unfit for human habitation or in
such a. condition 1hat is likely 10 cause sickness or disease;
_8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration,
damage, iDadequ.ate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or
heating appaiatus or other cause, is determined by 1he Board 10 be a me hazard;
-
B. Dan&erous or substandard electrical, plumbing, or mechanical installations.
A buildiag or structure shaD be eoosidered dangerous or substandard whenever it is determined by
the Board, that any or aD of the foDowing is applicable:
_1. Whenever any protective or safety device specified in The Electrical Code and of this title is not
provided or is moperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally
iDtended; .
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 ather cause so as to constitute a poteDtial hazard to life, health, property or safety;
L- 4. Whenever any installation or any portion thereof was constructed, installed, altered or mainbinf'1l
in violation of1he 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 #2:
(NOT REP AlRABLE - RESIDENTIAL)
IN ACCORDANCE WITH THE CII'Y'S DANGEROUS BUILDlNG REGULATIONS AND THE 2003 INTERNATIONAL
RESIDENTIAL CODE. AS ADOPl'ED. AMENDED AND ENAC'IED BY CITY. ORDlNANCE #04-2700 AND #96-2079-
B. USlNG THE REGULATIONS AND CODE AS ITS GUIDE. IT IS THE OPINION OF THE DANGEROUS BUILDING
lNSPECTION BOARD 'IHAT THIS BUILDING IS IN FACT DANGEROUS BUT NOT REI' AIRABLE. AND SHOULD
BE DEMOlJSHED. THIS Bun..DING DOES NOT PROVIDE 1HE BASIC MINIMUM HOUSING STANDARDS
DEEMED ESSENTIAL FOR SAFE AND HEALTHFUL LIVING FOR A RESIDENTIAL OCCUPANCY AND IS A
THREAT TO PUBLIC SAFETY. HEALTH AND 1HE GENERAL WELFARE OF 'mE CITIZENS OF LA PORTE.
x~.!~&~ ?-IO-c6
BUILDING OFFICIAL'S OFFICE DATE
~'~i~
FIRE . OFFICE .
~~~ 1;,;{~~
DaIlgcrous BUilcbDg lDspectiOll Farm
A = Adequate
1. STRUCTURAL
A. Foundatima
1. Slab
2. Pier &. Beam
a FOOliIIgs
b.Sills
c. Joists
B. WaDJ
1. Exterior
2. Interior
c. Meus of Egress
1. Doors
a. Interior
b. Exterior
2. Porcbes, Steps,
Stairs
3. Wmdows
D. Boor
1. RafteIs
2. Deck, Shingles
E. Ceilings
1. Joists
2. Ceiling
F. Floon
G. Other
IT. MEHCANICAL SYSTEMS
A. EIectrieal
1. Service Entrance
&. Pauel
2. Wiring
3. Ligbts, Switches
4. Outlets
5. Other
Commenrs:
Page 3
D '" Deficient
Bun..DING EVALUATION CREna ,U::T
~
IL-
L-
~
IL-
~
N/A
~
N/A
~
IL-
L-
A--
~
~
~
1L-
~
~
~
N/A
~
HL.L..-
N/A
N/A
1L-
~
HL.L..-
N/A
IlliK..-
~
~
N/ A = Not Applicable
COMMENT I EXPLANATION
UNEVEN SE'ITLEMENT
ROT
GARAGE WAIL lNC9MPLETE
N/A
N/A
N/A
N/A
N/A
ROT
HOLES:ROT
N/A
NOT TO CODE
N/A
N/A
N/A
N/A
NJA
N/A
N/A
POOR CONDmON
N/A
N/A
N/A
N/A
N/A
N/A
DEBRIS
DEMO PERMIT #06-85 ISSUED 1-19..()6' 95% COMPLETE
B. Plambing
1. Fixtures
a. Sink
b. Lavatories
c. WaterlQosets
d. Shower/Tub
e Water Heater
2. Water Piping
3. Drain, Waste
&'Veut
4. Sewer/Septic tmk
5. Gas System
C Beating & AlC
1. Heating
2. Air ConditiDDiDg
m. PROPERTY CONDmONS
I. Accessozy Structmes ~
2. Condition of Grounds 12.-
3. Other
S:'CPSbareIlNSPllCTION DMSIONIAU. OTHER snJFF\Code llDflll'CelllmtlDang BWldinp\D B INSP FORM 513 S VIRGlNIAdoc07.2004 Rev.
ORDINANCE NO. 2006- d12 <j
AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON Blk. 108. Lots 25-28.
La Porte, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH
BUILDING(S) CONDEMNED; FINDING THAT Arthur Walker. Jr.& Joseph L. Walker and
Arthur Walker. Jr.. & Joseph Lee 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 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
Ordinance No. 2C1J6-~qJJf:
Page 2
WHEREAS, it has heretofore come to the attention of the Board that the building(s)
located on Blk 108. Lots 25-28. La Porte which is further described as 521 N. Broadway, Harris
County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate 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, June 22.
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, Arthur Walker. Jr. & Joseph L. Walker. whose address is 8718 Berndale.
Houston. TX 77029. and Arthur Walker. Jr. & Joseph Lee Walker. whose address is 8523
Collingdale. La Porte 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 July 28.2006 (Arthur & Joseph L. Walker) and Post Office
Returned "Undeliverable"on July 28.2006 (Arthur & Joseph Lee Walker) 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
Ordinance No. 2006-(9{/~ I:
Page 3
WHEREAS, City Council entered its order on August 28. 2006 a day which is within
fifteen (15) days after the termination of the hearing; NOW THEREFORE:
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 Arthur
Walker. Jr. & Joseph L. Walker, who resides at 8718 Berndale. Houston. TX 77029 and Arthur
Walker. Jr. & Joseph Lee Walker, who resides at 8523 Collingdale. La Porte. Tx 77571 is the
record owner(s) of the property on which this building is situated, and that as such record
owner(s), the said Arthur Walker. Jr. & Joseph L. Walker. and Arthur Walker. Jr.& Joseph Lee
Walker has been duly and legally notified of those proceedings.
Section 5. The City Council hereby orders the said Arthur Walker. Jr. & Joseph L.
Walker. and Arthur Walker. Jr. & Joseph Lee Walker to entirely remove or tear down such
building(s), and further orders the said Arthur Walker. Jr. & Joseph L. Walker. and Arthur
Walker. Jr. & Joseph Lee 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 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.
Ordinance No. 2006- 01 tJf}.. if
Page 4
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 Arthur Walker. Jr. &
Joseph L. Walker. and Arthur Walker. Jr. & Joseph Lee Walker, by registered mail, return
receipt requested.
Section 8. Should the said Arthur Walker. Jr. & Joseph L. Walker. and Arthur
Walker. Jr. & Joseph Lee Walker, 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 be charged against the said Arthur Walker. Jr. & Joseph
L. Walker. and Arthur Walker. Jf. & Joseph Lee 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
Ordinance No. 2006~ ~ q~1
Page 5
Section 10. This Ordinance shall take effect and be in force from and after its passage
and approval.
PASSED AND APPROVED this the
~?!/-daYOf aur~
CITY~~APORT~
By: ~L/\~
Mayor
, 2006.
ATTEST:
~Wb A./41
City Secretary
APPROVED:
1/&Ar ~
City Attorney
City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE: 6-22.06
STREET ADDRESS: 521 N. BROADWAY (OID UOUOR STORE (Q) ROAD)
HCAD OWNER.: ARTHUR WALKER. lR. &; JOSEPH L. WALKER - 8718 BERNDALE - HOUSTON. 'IX 77029
LEGAL:
BI.K 108. LTS 25-28. LA PORTE
OCCUPANCY '];YPE: COMMERCIAL
ZONING:
GC
NON-CONFORMlNG ISSUES:
FACILITIES A V AlLABLE: WATER:
ELECTRICAL:
ABANDONDED N/C STRUCTIJRE
YES
YES
SEWER.:
GAS:
YES
YES
NO.OF DWELLING UNITS: NlA
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 DE'IERMrNED THE
BUlLDING LOCATED lHEREON. IN nmm. OPINiON, is IN FACT A DANGEROUS BUllDING. FOR THE
FOlLOWING REASONS:
Sec. 82473. Declaration of Public Nuisance and Hazard.
A. DmgeTOus or SubstaDdard Buildings or Structures.
A building or structure shall be considered danrerous or substaDdard whenever it is
determined by the Board, that my or all of the foBowing is applicable:
L-l. A building 1hat is vacant, and is not up to CUIrelIt building code standards. These vacam 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 structw:al strength or stability thereof is materially less 1han it was before such
catastrophe and is less 1han the minimum requirements of the building code fur new buildings of similar structure,
pmpose or location;
_3. Whenever any portion or member or appur1coance thereof is likely to fiI.il, 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) f3ulty construction; (c) the removal, movement or instability of any portion of the
ground necessary fur the pmpose of supporting the buildiDg; (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 thereat; is manifestly unsafe for
the pUIpOse of which it is being used;
Dangerous Buildiilgs Jnspection Farm
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 pwpose of committing unlawful acts;
Nt A 7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of
inadequate mainte1)lJlICC, dilapidation, decay, damage, faulty construction or arrangem.eut, 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 sufficieut fire-resistive construction, faulty electric wiring, gas connections, or
heating appaiatus or other cause, is determined by the Board to be a fire hazard;
-
B. Dangerous or substandard electrical, plumbing, or mechanical installatioas.
A building or structure shaD be considered dangerous or substandard whenever it is determined by
the Board, that any or aD of the foUowing is applicable:
_1. Whenever any protective or safety device specified in The Electrical Code and oftbis title is not
provided or is iaoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally
intended; .
~. 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;
L- 4. Whenever any installation or any portion thereof was constructed, installed, altered or ma;nt,,;ned
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:
(]~ON-RESIDENTIAL )
IN ACCORDANCE wrm THE ClTY'S DANGEROUS Bun.DING REGULATIONS AND THE 2003 INTERNATIONAL
Bun.DING CODE. AS ADOP'IED 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 TIlE DANGEROUS BUll.DING
INSPECIlON BOARD THAT TInS BUILDING IS IN FACT DANGEROUS. BUT STIll. REPAlRABLE. ALL
REQUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF
LA PORTE CODES AND ORDINANCES. IF mE REPAIR OR ALTERATION ORDER IS NOT COMPLTF.'D WITH
WITHIN !HE TIMETABLE SET OUT IN ARTICLE vm SECTION 82-478. IT IS THEN mE OPINION OF THIS
BOARD THAT THIS BUILDING BE DEMOllSHED.
x h).tl.LL~. rw;1Wvf;':i! ?-;!~-~,
BUILDING OFFICIAL'S OffiCE DATE
42 ~~ -?A~
HAL CE DATE
~~7 ~~6
S OFFI D TE
Dangerous Building 1nspection Form Page 3
BUILDING EVALUATION CHECKLIST
A = Adequate D = Deficient NI A = Not Applicable
1 STRUCTURAL COMMENT/EXPLANATION
A. Foundation
1. Slab UNK UNABLE TO INSPECI'
2. Pier &. Beam
a. Footings HlA- UNABLE TO INSPECI'
b. Sills N/A UNABLE TO INSPEC!'
c. Joists HlA- UNABLE TO INSPECI'
B. WaDs
1. Em:rior IL- BLOCK SEPARATIO~. HOLES
2. Interior !mIL- UNABLE TO INSPEC!' -
C. MeaDs of Egress
1. Doors
a. Interior !lliK.- UNABLE TO INSPECI'
b. Exterior IL- BROKEN
2. Porches, Steps,
Stairs HlA-
3. Wmdows IL- GLASS MISSING
D. Roof
1. Rafters IL- ROT
2. Deck, Shingles IL- HOLES: ROT
E. Ceilings
1. Joists UNK UNABLE TO INSPECI'
2. Ceiling IL- CEILING MISSING ( VISmLE THRU WINDOW)
F. FIoGn UNK UNABLETOINSPECI'
G. Other HlA-
n. MEHCANICAL SYSTEMS
A. Electrical
1. Service EDIrance
& Panel
2. WIriDg
3. Lights, Switches
4. 0uIlets
5. Other
B. Plumbing
1. Fixtures
a. Sink
b. Lavatories
c. WaterJC10sets
d. Shower/I'ub .
e Wate:r Heater
2. Water Piping
3. Drain, Waste
& Vent
4. SeweL'Septic lank
5. Gas System
C. Bea1iDg & AlC
1. Heating
2. Air Conditioning
IL-
UNK
!mIL-
!lliK.-
HlA-
UNK
UNK
!lliK.-
!lliK.-
!lli!L-
!lli!L-
!lli!L-
!lli!L-
!lliK-
~
IL-
m. PROPERTY CONDmONS
I. A=ssmy Struc:tures ~
2. Condition of Grounds ~
3. Other
Comments:
NOT TO CODE
UNABLETOINSPECI'
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECI'
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECI'
UNABLE TO INSPEC!'
UNABLE TO INSPECT
UNABLE TO INSPEC!'
UNABLE TO INSPECT
UN'" RT .J<: TO INSPECI'
(2) WINDOW UNITS' POOR CONDmON
S:lCPSharelINsPSCTION DIVISION\ALLOTHER. STUFFlCode Euf'ort:emeatIOang 8IliIdings\l) B INSP FORM 521 N BROADWAY.d0c07-2004 Rev.
~ _.__..~.-._-<--~----_._-'".----
ACTION OF CITY COUNCIL
On this, the il ?lit day of ~ ' iI 00 1/, the City Secretary of the
City of La Porte, having received th above 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
By:
lxfu ~j5~ jdL---
ATTEST:
Lfll~ rl/dtZZ
City Secretary
CITY SECRETARY'S CERTIFICATE
I hereby certify that on the 3/0{ day of , M I mailed a
notice to the above named owner, in connection with the hove 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.
\
Lf!ltWi~d/dff
Martha Gillett, TRMC, CMC
City Secretary
S:\CPShare\Code Enforcement\Action by City COWlcil Fonn.doc
April 2004. Rev.
ORDINANCE NO. 2006- ~ q~j
AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON Blk. 108. Lots 25-28.
La Porte, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH
BUILDING(S) CONDEMNED; FINDING THAT Arthur Walker. Jr. & Joseph L. Walker. and
Arthur Walker. Jr.. & Joseph Lee 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 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
Ordinance No. 2006- J/lrtJ~
Page 2
WHEREAS, it has heretofore come to the attention of the Board that the building(s)
located on Blk.l 08. Lots 25-28. La Porte which is further described as 521 1/2 N. Broadway,
Harris County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate 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, June 22.
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, Arthur Walker. Jf. & Joseph L. Walker. whose address is 8718 Berndale.
Houston. TX 77029. and Arthur Walker. Jr. & Joseph Lee Walker whose address is 8523
Collingdale. 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 July 28.2006 (Arthur & Joseph L. Walker) and Post Office
returned "Undeliverable" on July 3 L 2006 (Arthur & Joseph Lee Walker), 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
ofthe Board;
Ordinance No. 2006-v11 ~ r-
Page 3
WHEREAS, City Council entered its order on August 28. 2006 a day which is within
fifteen (15) days after the termination of the hearing; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCll., 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 Arthur
Walker. Jr. & Joseph L. Walker, who resides at 8718 Bemdale. Houston. TX 77029. and Arthur
Walker. Jr. & Joseph Lee Walker. who resides at 8523 Collingdale. 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 Arthur Walker. Jr. & Joseph L. Walker. and Arthur Walker. Jf. & Joseph Lee
Walker has been duly and legally notified of those proceedings.
Section 5. The City Council hereby orders the said Arthur Walker. Jf. & Joseph L.
Walker and Arthur Walker Jf. & Joseph Lee Walker to entirely remove or tear down such
building(s), and further orders the said Arthur Walker. Jr. & Joseph L. Walker and Arthur
Walker. Jf. & Joseph Lee 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 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.
Ordinance No. 2006-~1fll
Page 4
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 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 Arthur Walker. Jf. &
Joseph L. Walker and Arthur Walker. Jf. & Joseph Lee Walker, by registered mail, return receipt
requested.
Section 8. Should the said Arthur Walker. Jr. & Joseph L. Walker and Arthur Walker
Jr. & Joseph Lee Walker 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 be charged against the said Arthur Walker. Jf. & Joseph L.
Walker and Arthur Walker. Jr. & Joseph Lee 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
Ordinance No. 2006- ~ 1'~~
Page 5
Section 10. This Ordinance shall take effect and be in force from and after its passage
and approval.
PASSED AND APPROVED this the ;;{ ~y of titr ' 2006.
CITY f'. LA PORT~
By: ~,(~
Mayor
ATTEST:
~~~
City ecretary
APPROVED:
~ -r /!/k~-
City Attorney
City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE:
6-22-06
STREET ADDRESS:. 5211/2 N. BROADWAY (OLD SMOKE HOUSE AT CLUB)
HCAD OWNER: ARTIIDR WALKER. JR. & JOSEPH L. WALKER - 8718 BERNDALE - HOUSTON. 'IX 77029
DEED OWNER: ARTIIDR WALKER JR & JOSEPH LEE WALKER -8523 COLLINGDALE -LA PORTE. 'IX 77571
OTHER:
LEGAL:
BLK 108. LTS 25-28. LA PORTE
OCCUPANCY 1:YPE: COMMERCIAL
ZONING:
GC
NON-CONFORMING ISSUES: N/A
FACILITIES AVAILABLE: WATER:
YES
SEWER:
YES
ELECTRICAL:
YES
GAS:
YES
NO.OF DWELLING UNITS:
N/A
VACANT:
YES
OCCUPIED:
AS REQUIRED IN TIiE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, TIiE BOARD OF
INSPECTION MADE AN INSPECTION OF TIm AFOREMENTIONED PROPERTY, AND DElERMINED 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 foUowing 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;
L-z. 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 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 structare, 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;
~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;
Dang=ous Buildings Inspection Fonn
Page 2
L- 6. Whenever the building or strocture has 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 vagr.mts, or as to (c)
enable persons to resort thereto for the purpose of committing unlawful acts;
Nf A 7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of
inadequate tmlintl'!ftsmce. dilapidation, decay, damage, faulty construction or ammgement, inadequate light, air, or
sauitation fiIcilities, or otherwise, is determined by the Board to be lJD.Claninny, unfit for human habitation or in
such a condition that is likely to cause sickness or disease;
_So Whenever any building or Structure, because of obsolescence, dilapidated condition, deterioration,
damage, iDadequate exits, lack of sufliciCDt fire-resistive construction, faulty electric wiring, gas connections, or
heating appaiatus or other cause, is determined by the Board to be a me hazard;
-
B. D~erous or substandard electrical, plumbing, or mechanical iDstallatiODS.
A buiJdina or structure shall be coosidered dangerous or substandard whenever it is determined by
the Board, that any or all of the followin: is applicable:
1. Whenever any protective or safety device specified in The Electrical Code and of 1his title is not
provided or is iaoperative, 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; (0) 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 constitu:te a potCDtia1 hazard to life, health, property or safety;
L- 4. Whenever any installation or any portion thereof was constructed, installed, ahered or maintained
in violation of the building code and/or fire code so as to constitute a potential hazard to life, heal1h, property or
safety.
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
OPTION #3:
(NON-RESIDENTIAL)
IN ACCORDANCE WITIi THE CITY'S DANGEROUS BUILDING REGULATIONS AND THE 2003 rNTERNATIONAL
BUILDING CODE. AS ADOPlED. AMENDED AND ENACTED BY CITY. ORDINANCE f#04-2700 AND f#96...2079-B.
USING THE REGULATIONS AND CODE AS ITS GUIDE. IT IS THE OPINION OF THE DANGEROUS BUILDING
INSPEcnON BOARD THAT TInS Bun.DING IS IN FACT DANGEROUS. Bur SmL REPAIRABLE. ALL
REOUIRED 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 COMPT w.n WITIi
Wl1HIN THE TIMETABLE SET our IN ARTICLE vm. SECTION 82-478. IT IS THEN THE OPINION OF TInS
BOARD THAT TInS BunDING BE DEMOUSHED.
x,~~~UJ~Q'[U '/-ID-OCJ
BUIIDING OFFI 'S OFFICE DATE
~~--
~~~7
Y~b~ .
ATE
~~CJ~~
, DATE
Dangerous Building Inspection F ann Page 3
BUILDING EVALUATION CHECKLIST
A" Adequate D = Dc:licient NI A = Not Applicable
L STRUCTURAL COMMENT I EXPLANATION
A. FOIlDdation
1. Slab ~ UNA FIT .F. TO INSPECT
2. Pier &:. Beam
a Footings NlA...- UNABLE TO INSPECT
b.Sills NlA...- UNABLE TO INSPECT
c.Joists NlA...- UNABLE TO INSPECT
B. WaDI
1. Exterior L- BLOCK SEPARATIO~. HOLES
2. Interior !lliK....- UNABLE TO INSPECT -
C. MeaDS of]!,pess
1. Doors
a Imc:rior UNK UNABLE TO INSPECT
b. Exterior L- BR.OKEN: R.OTI'ED
2. Port:bes, Steps,
Stairs NlA...-
3. WIDlIaws L- ROT AT FRAME
D; Roof
1. Rafters XL- ROT
2. Deck, Shingles XL- ROT. SHINGLES IN BAD CONDmON
E. Ceilings
1. Joists !lliK....- UNABLE TO INSPECT
2. Ceiling UNK UNABLE TO INSPECT
F. F'loon UNK UNABLE TO INSPECT
G. Other NlA...-
n. MEHCANICAL SYSTEMS
A. Electrieal
1. Service EnttaDce
&:. Panel
2. WI1'ing
3. Lights, Switches
4. Outlets
S. Other
~
~
~
!lliK
N/A
B. Plumbing
1. F1XlDres
a Sink
b. Lavatories
c. Watec/Closets
d. Shower
e Water Heater
2. Watec Piping
3. Drain, Waste
&:. Vem
4. SewerISept:ic tmk
S. Gas System
C. Beating " AlC
1. Heating
2. Air ConditioDing
m. PROPERTY CONDmONS
1. Accessory Sttuctures NlA...-
2. Condition of Grounds A---
3. Other
Comments:
!lliK-
!lliK-
!lliK-
!lliK-
!lliK-
~
~
!lliK-
~
~
~
NOT TO CODE
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNA FILE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
S:ICPShareIlNSPECTION DMSION\AlL OTHER. STUFFICode Ea10rcemeatlDaug Buildings\I) B INSP FORM 521.3 N BROADW AY.d0c0"7-2004 Rev.
ACTION OF CITY COUNCIL
On this, the ~?II- day of t1u. " the City Secretary of the
City of La Porte, having received t 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 OF LA PORTE
By:
ATTEST:
L/J7ttctl~~Pt
City Secretary
CITY SECRETARY'S CERTIFICATE
I hereby certify that on the ~br day of ~ ,J OP~, I mailed a
notice to the above named owner, in connection with th above 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.
\
/ll-dtd~ c;I:tt/$
Martha Gillett, TRMC, CMC
City Secretary
S:\CPShare\Code Enforcement\Action by City COWlcil Form.doc
April 2004. Rev.
ORDINANCE NO. 2006- "- tfJt ~
AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON Blk. 63. Lots 26-27.
La Porte, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH
BUILDING(S) CONDEMNED; FINDING THAT Lillie B Warren and Lillie B. Warren % Lisa
Anderson 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
Ordinance No. 2006-ftQrJ.. ~
Page 2
WHEREAS, it has heretofore come to the attention of the Board that the building(s)
located on Blk. 63. Lots 26-27. La Porte which is further described as 213 N 2nd St., Harris
County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate 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, June 26.
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, Lillie B. Warren. whose address is POBox 451. La Porte. TX 77572-0451, and
Lillie B. Warren % Lisa Anderson. whose address is 417 Spencer Landing W. 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 August 4.2006 (Lillie B. Warren) and July 26.2006 (Lillie B. Warren %
Lisa Anderson). 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
Ordinance No. 2006-~ tj;. ft
Page 3
WHEREAS, City Council entered its order on August 28. 2006 a day which is within
fifteen (15) days after the termination ofthe hearing; NOW THEREFORE:
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 Lillie B
Warren, who resides at P. O. Box 451. La Porte. TX 77572-0451 and Lillie B. Warren % Lisa
Anderson who resides at 417 Spencer Landing W. 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 Lillie B. Warren and Lillie B. Warren % Lisa Anderson has been duly and legally notified
of those proceedings.
Section 5. The City Council hereby orders the said Lillie B. Warren and Lillie B.
Warren % Lisa Anderson to entirely remove or tear down such building(s), and further orders the
said Lillie B. Warren and Lillie B. Warren % Lisa Anderson 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.
Ordinance No. 2006- ~ 1;. y
Page 4
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 Lillie B. Warren and
Lillie B. Warren % Lisa Anderso!!, by registered mail, return receipt requested.
Section 8. Should the said Lillie B. Warren and Lillie B. Warren % Lisa Anderso!!,
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
be charged against the said Lillie B. Warren and Lillie B. Warren % Lisa Anderson, 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
Ordinance No. 2006J qc9. ~.
Page 5
Section 10. This Ordinance shall take effect and be in force from and after its passage
and approval.
PASSED AND APPROVED this the ~~ay of
~
C~F.L~POR~
BY:~.\~
Mayor
, 2006.
ATTEST:
L-yr;/lo/ia L};;/
City Secretary
APPROVED:
~ ~ ~~/;A
City Attorney
City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE: 6-26-06
STREET ADDRESS: 213 N 2ND Sf.
BCAD OWNER: Tn J IF B. WARREN - POBOX 451 - LA POR~ TX 77572~SI
-
DEEDOWNER: IDELL WARREN It WIFE- TnJ:rF.B. WARREN -213 N2ND ST-LAPORTE. TX77571
OTHElH n J IE B. WARREN. % USA ANDERSON - 417 SPENCER LANDING W - LA PORTE. TX 77571
LEGAL:
m .K 63. LTS 26-27 LA PORTE
OCCUPANCY~: RESIDENCE
NON-CONFORMlNG ISSUES: NfA
FAcn..ITIES AVAILABLE: WATER; YES
ELECTRICAL: YES
ZONING:
R-l
SEWER.:
GAS:
YES
YES
NO.OF DWELLING UNITS: (l)
VACANT:
YES
OCCUPIED:
AS REQUIRED IN THE ClTY'S CODE OF ORDINANCE, CHAPTER 82; ARTla.E vm. THE BOARD OF
lNSPECI10N MADE AN INSPECTION OF mE AFOREMENTIONED PROPERTY, AND DE'IERMINED THE
BunDING LOCATED THEREON, IN THElR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE
FOll..OWlNG REASONS:
Sec. 82-473. Declar.ltion of Public Nuisance and Hazani.
A. Daa:erous or Substandard Buildings or Structures.
A buildin: or structure shaD be coDSidered daDgerous or substandard wheDever it is
determined by the Board, that any or aD of the foDowing is applicable:
L-l. A building that is vacam, and is not up to cum::ut building code standards. These vacant buildings
can be either open to trespass or boarded up;
L-2. Whenever any portion 1hereofbas been damaged by fire. earthquake; wind. flood, or by any other
cause to such an exteDt that the structural stxe:ngth or stability 1hcreof is materially less than it was before such
catastrophe and is less than 1he minimum requirements of the building code fur new buildings of similar sttuctwe,
pmposc or location;
L-3. Whenever any portion or member or appurtcnancc 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: becanse of (a) dilapidation,
deterioration, or decay; (b) flmhy construction; (c) the removal, movemeDt or instability of any portion of1he
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 partiaDy or completely collapse;
L-S. Whenever, fur any reason, the building or structure, or any portion 1hc::reot: is manifestly unsafe for
1he pw:pose of which it is bciDg used;
DaDge:roDs BuildiDgs Inspection FDIJD.
Page Z
L-6. Whenever !he building or structure bas been so damaged by fire, wind, eartbquake, or flood, or bas
become so dilapidated or deteri~ as to become (a) a public mrisancc, (b) a harbor for vagr.mts, or as to (c)
CDable persons to reson thereto for the pmpose of eu......;1t ;..g unlawful acts;
L-7. Whenever a building or structure, used or iDteDded to be used for dwelling pmposes, becanse of
inadequate ......;nt~ dilapidation, decay, damage, faulty ccmstruction or ammgcmeDt, iDadequate light, air, or
sanitation facilities, or otherwise, is determined by !he Board to be nt..'....imry, unfit for bnman habitation or in
such a condition that is likely to cause sickness or disease;
L-s. Whenever any builiiiDg or structure, because of obsolesceucc, dilapidated condition, deterioration,
damage, ill8lieqnate exits, lack of sufiicieDt fire-resistive const:ruction, faulty electric wiring, gas ccmnections, or
heating appaiatus or olher cause, is dc:tenniDed by !he Board to be a fire hazard;
-
B. Daagerous or substaDdard electrical, plumbing, or mechaaical iDstallatiODS.
A building or structure shaD be considered daDgerous or substandard wheaever it is determiDed by
the Board, that aD)' or aD of the foDowiDc is applicable:
L-l. Whenever any protective or safety device specified in The Electrical Code and of this title is not
provided or is iaoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally
iutended; .
L-2. Whenever any iDstaDation or any portion 1hereofbecause 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, hea.lth. property or safety;
L-3. Whenever any instaDation or any portion thereofwbich is damaged by fire, wind, earthquake,
flood or any other cause so as to constitute a poteDtial hazard to life, health. property or safety;
L- 4. Whenever any iDstaDation 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.
FlNDINGS AND CONCLUSIONS OF !BE BOARD OF INSPECTION:
OPTION #2:
(NOT REF AIRABLE - RESIDENTIAL)
IN ACCORDANCE WITH THE Cl'IY'S DANGEROUS BunnING REGULATIONS AND THE 2003 lNTERNATIONAL
RESIDENTIAL CODE. AS ADOP'IED. AMENDED.AND ENACTED BY CITY. ORDINANCE #04-2700 AND #96-2079-
B. USING 'lBE REGULATIONS AND CODE AS ITS GUIDE. IT IS 'lBE OPINION OF !BE DANGEROUS BUR.DING
lNSPECTIONBOARD THAT THIS BUlLDING IS IN FACT DANGEROUS. BUT NOT REPAIRABLE. AND SHOULD
BE DEMOLISHED. TInS BUILDING DOES NOT PROVIDE THE BASIC MINIMUM HOUSING STANDARDS
DEEMED ESSENTIAL FOR SAFE AND HEALTHFUL LIVlNG FOR A RESIDENTIAL OCCUPANCY AND IS A
THREAT TO PUBLIC SAFETY. HEALTH AND THE GENERAL WELFARE OF THE CITIZENS OF LA PORTE.
x ~ .! 1J~~1 ?-/C -(} 6
BUILDING OFFICIAL'S OFFICE DATE
~~
J!12f.ff=p- ~;W~~
C8IEP'S OFFICE DATE
'7)c; k
DATE {
DaDgc:rous Building 1nspec:ticm. Fonn Page 3
BUILDING EVALUATION CHECKLIST
A = Adequate D = DcliciCDt NJA = Not Applicable
L STRUCTURAL COMMENT/EXPLANATION
A. Foundation
1. Slab &L-
2. Pier &:. Beam
a Footings !lliL- UNJo.'RT.'F. TO lNSPECf
b.SDls !lliL- UN" 'RT 'F. TO lNSPECl'
c. Joists !lliK- UNABLE TO lNSPECI'
B. WaDs
1. Exterior IL-- FIRE DAMAGED
2. Interior IL-- FIRE DAMAGED
C. :Melms or Jl.gress
1. Doors
a. Iuterior IL-- FIRE DAMAGED
b. EKterior IL-- FIRE DAMAGED
2. Porches, Steps,
Stairs .IL-- FIRE DAMAGED
3. Wmdows IL-- FIRE DAMAGED
D. Roof
1. RafteIs IL- FIRE DAMAGED
2. Deck, Shingles IL- FIRE DAMAGED
E. Ceilings
1. Joists IL- FIRE DAMAGED
2. Ceiling IL-- FIRE DAMAGED
F. FIoon IL- FIRE DAMAGED
G. Other N/A
B. PIlImbiDg
1. FIXtures
a. Sink
b. Lavatories
c. WatcdOosets
d. ShowerITub
c Water Bealer
2. Watr:r Piping
3. Drain, Waste
&:.VCDl
4. SewerISeptic taDk
s. Gas System
C. HeafiDg & Ale
1. Healing
2. Air CaDditiOlling
m. PROPERTY CONDITIONS
1. Accessory Structures IL--
2. CoDdition of Grounds IL--
3. Other
IT. MEHCANICAL SYSTEMS
A. Electrical
1. Service EntIancc
&:. Panel
2. Wiring
3. Ligbts, Switches
4. Outlets
s. Othe:r
Comments:
IL-
IL-
IL-
IL--
Nt..L-
UNK
!lHK..-
UNK
~
!lHK..-
UNK
!lHK..-
!lHK..-
UNK
N/A
UNK
FIRE: MARCH 4. 2006
PULLED AWAY FROM WALL
FIRE DAMAGED
FIRE DAMAGED
FIRE DAMAGED
UNABLE TO lNSP.ECI'
UN" 'RT F TO INSPECT
UNABLE TO INSPECT
UNABLE TO lNSP.ECI'
UN"" 'RT F TO INSPECT
UNABLE TO lNSP.ECI'
UN"" 'RT F TO INSPECT
UN" 'RT.F TO INSPECT
UNABLE TO INSPECT
WINDOW UNIT - POS~T'RT.F FIRE DAMAGE
GARAGFJSHED
FIRE DEBRIS. WEEDS
S:\CPSImre\INSl'ECTION DlVISlON\Al.L 0'mE1t STUPF\Code Eali>rcemeat1Doog BuildiDpID B INSP FORM 213 N 2ND.dDCll7-2004IUlv.
ACTION OF CITY COUNCIL
On this, the ;:;( #-' day of ~k , 800 lI, the City SecretaJy of the
City of La Porte, having received the bove 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
of the City's Code of Ordinances Article VITI, Section 82-478.
CITY OF LAPORTE
,All 1M tv ~tI if~L/
By:
ATTEST:
City Secretary
CITY SECRETARY'S CERTIFICATE
I hereby certify that on the3l0r day of , ~ 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 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.
L1J1!W1i~
M ha Gillett, TRMC, CMC
City Secretary
S:\CPShare\Code Enforcement\Action by City Council Form.doc
April 2004. Rev.
ORDINANCE NO. 2006- ~q/). f}
AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON Blk. 104. Lots 19-22.
La Porte, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH
BUILDING(S) CONDEMNED; FINDING THAT Wilson James Maiors. Jr. 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
Ordinance No. 2006- ;/1;/7
Page 2
WHEREAS, it has heretofore come to the attention of the Board that the building(s)
located on Blk. 104. Lots 19-22. La Porte which is further described as 505 N 4th St., Harris
County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate 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, June 22.
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, Wilson James Maiors. Jr., whose address is 505 N 4th St.. La Porte. TX 77571-
3307, 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 as "undeliverable" on July 26.2006. 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 August 28. 2006 a day which is within
fifteen (15) days after the termination of the hearing; NOW THEREFORE:
Ordinance No. 2006-OY1; I}
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 Wilson James
Majors. Jr., who resides at 505 N 4th S1.. La Porte. TX 77571-3307 and is the record owner(s) of
the property on which this building is situated, and that as such record owner(s), the said Wilson
James Maiors. Jr. has been duly and legally notified of those proceedings.
Section 5. The City Council hereby orders the said Wilson James Maiors. Jr. to
entirely remove or tear down such building(s), and further orders the said Wilson James Majors.
Jf. 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 Wilson James Maiors.
Jr. by registered mail, return receipt requested.
Ordinance No. 2006- al/,#./}
Page 4
Section 8. Should the said Wilson James Maiors. Jr., 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 be charged
against the said Wilson James Maiors. Jr., 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). ~YOf ~ ,2006.
CITY ff\ ~A PORTE(\) .
By: ~~,\~
Mayor
ATTEST:
~Hk //$/
city Secretary
APPROVED:
~ 7 /fL~
City Attorney
City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE:
6-22-06
STREET ADDRESS: 505 N. 4TH ST.
HCAD OWNER: REV. JOE DURDEN - 505 N. 4TH ST - LA PORTE. TX 77571-3307
DEED OWNER: wn..SON JAMES MAJORS. JR. - 505 N. 4TH ST - LA PORTE. TIC 77571 (GRANDSON)
OTHER:
LEGAL:
BLK 104. LTS 19-22. LAPORTE
OCCUPANCY TYPE: RESIDENCE
NON-CONFORMING ISSUES: NfA
FACILITIES AVAILABLE: WATER:
ZONING:
R-2
YES
SEWER:
YES
YES
ElECTRICAL:
YES
GAS:
NO.OF D'WElLING UNITS:
(l)
VACANT:
YES
OCCUPIED:
AS REQUIRED IN THE CITY'S CODE OF ORDJNANCE, CHAPTER 82; ARTICLE vm, THE BOARD OF
JNSPECTION MADE AN JNSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE
BUILDJNG LOCATED THEREON, IN THEIR OPlNlON, IS IN FACT A DANGEROUS BUUDJNG, 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-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 thereo~ 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 th.ereot: is manifestly unsafe for
the purpose of which it is being used;
Dangerous Buildings Inspection Form
Page 2
L-6. Whenever the building or structure bas 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 SlrUcture. used or intended to be used for dwelling purposes, becanse of
inadequate maintP.nanC"-c, 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, faulty electric wiring, gas connections, or
hearing appaIatus or other cause, is determined by the Board to be a fue hazard;
-
B. Dangerous or substandard electrical, plumbing, or mechanical iostallatiODS.
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 iaoperative, defective, dilapidated, or deteriorated so as to threaien to fail or function as originally
intended;
L-2. 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,
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 1HE 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 ENAcrED BY CITY. ORDINANCE #04-2700 AND #96-2079.
B. USING THE REGULATIONS AND CODE AS ITS GUIDE. IT IS THE OPINION OF THE DANGEROUS BunnING
INSPECTION BOARD nIAT TInS BUILDING IS IN FACT DANGEROUS. BUT STIll.. REPAIRABLE. ALL
REOUIRED REPAIRS OR ALTERATIONS SHALL BE OONE IN ACCORDANCE WITHALLAPPlJCJ\'RTF. 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 THIS
BOARD lHAT TInS BUILDING BE DEMOLISHED.
x~ti:: ~cl.,~"n tl_M-c'
BUILDING OFFICIAL'S OFFICE DATE
~60
FIRE mCE
~/# ~~ -?,a.~~
CHIEFS OFFfCE DAlE
, ht9kr.-,
'DATE'
Dangerous Bui1dIng Inspection F DIm.
A =' Adequate
L STRUCTURAL
A. Foundation
1. Slab
2. Pier &. Beam
a Footings
b. Sills
c. Joists
B. WaDs
1. Exterior
2. Interior
C. MeaDs ofEgre55
1. Doors
a Interior
b. Exterior
2. Porches, Steps,
Stain
3. Wmdows
D. Roof
1. Rafters
2. Deck, Shingles
E. Ceilings
1. Joists
2. Ceiling
F. F100n
G. Other
II. MEHCANICAL SYSTEMS
A. EJectrical
1. Service Entrance
&. Panel
2.WIIing
3. tights, Switches
4. Outlets
5. Other
CoIIUlleDlS:
Page 3
D =' Deficient
BUILDING EVALUATION CHECKLIST
HlA...-
1L-
1lliL-
UNK
1L-
!lliIL-
UNK
A--
1L-
A--
L-
A--
UNK
UNK
UNK
NLA...-
UNK
UNK
UNK
UNK
NLA...-
UNK
UNK
UNK
UNK
1L-
UNK
UNK
UNK
UNK
UNK
L-
N/ A"" Not Applicable
COMMENT / EXPLANATION
tJNE\IEN SETl1.EMIiliI
UNABLE TO INSPECI'
UNABLE TO INSPECT
ROT
UNABLE TO INSPECT
UNABLE TO INSPECT
FRONT PORCH STARTED: PORCH ROOF SUPPORTED BY (2)
2X4'S
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
INSIDE- UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
NOT&.PLINE
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
WINDOW UNITS
(2) ACCESSORY BUTI..DINGS
BUSHES OVERGROWN. WEEDS. TREE LIMBS. DEBRIS
B. Plumbing
1. F1X1:meS
a Sink
b. Lavatories
c. Water/Closets
d ShowerITub
e Water Heater
2. Water Piping
3. Drain, Waste
&.Ve.ot
4. Sewer/Septic tank
S. Gas System
C. Beating & AlC
1. Heating
2. Air ConditiODing
IlL PROPERTY CONDmONS
1. Accessory StructureS 1L-
2. Condition of Grounds 1L-
3. Other
S:\CPSb8re\INSPECTION DMSIONIALL OTHER STUFF\Code EDforcemeotlDang BuildingsID B INSP FORM SOS N 4TH.doc07-2004 Rev.
-~~-'-~_..._-~~~--~~,-
ACTION OF CITY COUNCIL
On this, the d.. ?if/"" day of ~ ' l{~ II , the City Secretary of the
City of La Porte, having received the 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
of the City's Code of Ordinances Article vrn, Section 82-478.
CITY OF LA PORTE
By:
~~~BiJWjlL--
ATTEST:
vfY;~ ~
City Secretary
CITY SECRETARY'S CERTIFICATE
I hereby certify that on the 31.:n--- day of ~, I mailed a
notice to the above named owner, in connection with the ove 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.
LnJ t2tth d..dLI
Martha Gillett, TRMC, CMC
City Secretary
S:\CPShare\Code Enforcement\Action by City Council Fonn.doc
April 2004. Rev.
ORDINANCE NO. 2006- rJtJ:J ~
AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON Blk. 55. Lots 30-33.
La Porte, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH
BUILDING(S) CONDEMNED; FINDING THAT Alfonso Gutierez. If. & Maria N. 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
Ordinance No. 2006- A4%
Page 2
WHEREAS, it has heretofore come to the attention of the Board that the building(s)
located on Blk. 55, Lots 30-33. La Porte which is further described as 129 N. 5th St., Harris
County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate 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, June 21.
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, Alfonso Gutierez. Jr. & Maria N., whose address is 129 N 5th St.. La Porte. TX
77571-3425. and 7403 Comanche Street. Baytown. Tx 77521 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 as "Undeliverable" on July 26.2006 (N.
5th Address) and July 27.2006 (Comanche Address). 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;
Ordinance No. 2006-~1;'J
Page 3
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 August 28. 2006 a day which is within
fifteen (15) days after the termination of the hearing; NOW THEREFORE:
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 Alfonso
Gutierez. Ir. & Maria N., who resides at 129 N. 5th St.. La Porte. Tx 77571-3425 and 7403
Comanche Street. Baytown. Tx. 77521 and is the record owner(s) of the property on which this
building is situated, and that as such record owner(s), the said Alfonso Gutierrez. Ir. & Maria N.
has been duly and legally notified of those proceedings.
Section 5. The City Council hereby orders the said Alfonso Gutierez. If. & Maria
~ to entirely remove or tear down such building( s), and further orders the said Alfonso
Gutierrez. If. & Maria N. 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.
Ordinance No. 2006-~ tl rJ.1
Page 4
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 Alfonso Gutierez. Jr. &
Maria N.. by registered mail, return receipt requested.
Section 8. Should the said Alfonso Gutierez. Jr. & Maria N. 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 be charged
against the said Alfonso Gutierez. Jr. & Maria N., 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
Ordinance No. 2006- rfitt l-1
Page 5
Section 10. This Ordinance shall take effect and be in force from and after its passage
and approval.
PASSED AND APPROVED this the ~ ~day of t1"'ffl/ ' 2006.
CITY~~A.POR~n .
By: ~,-(~----
Mayor
ATTEST:
Lff14idt ~j/j
City Secretary
APPROVED:
~ y /l:~
City Attorney
City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DAlE:
6-21-06
STREET ADDRESS: 129 N. 5TH ST.
HCAD OWNER: ALFONSO GUTIEREZ.. 1R &. MARIA N. -129 N S'IH ST. - LA PORlE TX 77571-3425
DEED OWNER: ALFONSO GUTIERREZ JR. &. WIFE. MARIA N - 129 N 5TH ST - LA PORT.E(SIC). TX 77571
OTHER:
ALFONSO GUTIEREZ. 1R & MARIA N. - 7403 COMANCHE ST - BA YTOWN TX 77521
BLK 55. L TS 30-33 LA PORlE
LEGAL:
OCCUPANCY tyPE: RESIDENCE
NON-CONFORMlNG ISSUES: N/A
ZONING:
MSD
F ACll..ITIES AVAILABLE: WATER:
YES
ELECTRICAL:
YES
SEWER:
GAS:
YES
YES
NO.oF DWELLING UNITS:
(1)
VACANT:
YES
OCCUPIED:
AS REQUIRED IN '!HE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE vm. '!HE BOARD OF
INSPECTION MADE AN INSPECTION OF '!HE AFOREMENTIONED PROPERTY, AND DETERMINED '!HE
BUll.DING LOCATED '!HEREON, IN TIIEIR OPINION, IS IN F ACf A DANGEROUS BUILDING, FOR TIIE
FOILOWING 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 aU of the following 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 thereofbas been damaged by fire, earthquake, winll; flood, or by any other
cause to such an extent that the structUI3l strength or stability thereof is materially less than it was before such
catastrophe and is less than the minim"", 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 fu.il, 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) 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 purpose of which it is being used;
Dangerous BuildiDgs Inspection Farm
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 UDlawful acts;
L-7. Whenever a building or structure, used or iDteDded to be used for dwelling pmposes, because of
iDadequate """intP.llaDcc, dilapidation, decay, damage, faulty const:ructi.on or ammgemeat, 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, ,;il~i6ated condition, deterioration,
damage, inadequate exits, lack of suflicieDt fire-resistive construction, faulty electric wiring, gas connections, or
heating appaiatus or other cause, is determined by the Board to be a fu:e hazard;
-
B. Dangerous or substandard electrical, plumbing, or mec:hauica1 installations.
A building or structure shaD be cODSidered dangerous or substandard whenever it is determined by
the Board, that any or all of the foOowing is applicable:
L-l. Whenever any protective or safety device specified in The Electrical Code and of this title is not
provided or is iAoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally
intended;
L-2. Whenever any insta.Ilation or any portion thereof because of (a) dilapidation, deterioration, or
decay; (b) faulty const:ructi.on; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use
constitutes a hazard to life, health, property or safety;
3. Whenever any insta.Ilation or any portion thereofwbich 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 insta.Ilation or any portion thereof was constructed, installed, altered or maiIJtained
in violation of the building code and/or fire code so as to constitute a poteDtial hazard to life, health, property or
safety.
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
OPTION #2:
(NOT REPAIRABLE - RESIDENTIAL)
IN ACCORDANCE WITH TIlE ClTY'S DANGEROUS BUII.DING REGULATIONS AND THE 2003 INTERNATIONAL
RESIDENTIAL CODE. AS ADOPTED. AMENDED AND ENACTED BY Cl'lY. ORDINANCE #04-2700 AND #96-2079-
B. USING THE REGULATIONS AND CODE AS ITS GUIDE. IT IS THE OPINION OF THE DANGEROUS BUII.DING
INSPECTION BOARD mAT TInS BUII.DING IS IN FACT DANGEROUS. BUT NOT REF AlRABLE AND SHOULD
BE DEMOLISHED. TInS BUII.DING DOES NOT PROVIDE THE BASIC MINIMUM HOUSING STANDARDS
DEEMED ESSENTIAL FOR SAFE AND HEAL THFtJL UVING FOR A RESIDENTIAL OCCUPANCY AND IS A
THREAT TO PUBUC SAFETY. HEALm AND THE GENERAL WELFARE OF TIlE CITIZENS OF LA PORTE.
x~ ~ ~'\Jt,. 1-lt-e 6
Bun.DlNG OFFICIAL'S OFFICE DATE
i!;2tfq- 6,...
FIRE OFFICE
~g~qfpv
,;;o,~
'DA:
Daogerous Building 1nspecticm F ann
A = Adequate
L STRUCI'URAL
A. Foundation
1.S1ab
2. Pie:r & Beam
a Footings
b. Sills
c. Joists
B. -WaDs
1. Exterior
2. Interior
C. MeaDS ofEgres.
1. Doors
a Jmcrior
b. Exterior
2. Porahes, Steps,
Stairs
3. Wmdows
D. Roof
1. Rafters
2. Deck, Shingles
E. Ceilings
1. Joists
2. Ceiling
F. Floors
G. Otber
II. MEHCANICAL SYSTEMS
A. Electrical
1. Service Emr.mce
&: Panel
2. WJIing
3. Lights, Switches
4. Outlets
5. Other
Page 3
D = Deficient
BUILDING EVALUATION MlECKLIST
WA.-
XL--
XL--
!lliK--
XL--
!lliK--
!lliK--
!lliK--
I2....--
:!lli!L-
I2....--
XL--
!lliK--
UNK
UNK
NtA
XL--
UNK
XL--
!lliK--
HLA...-
UNK
UNK
UNK
!lliK--
XL--
UNK
UNK
UN!(
:!lli!L-
WA.-
WA.-
Nt A = Not Applicable
COMMENT I EXPLANATION
UNEVEN SETI1..1NG
tJNE\lEN SETIUNG
UNABLE TO INSPECT
ROT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
NO LANDING OR STEPS @ImAR.: NO STEPS @FRONTPORCH
ROT
HOLES: ROT: F AOA ROT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
NOT TO CODE
UNABLE TO INSPECT
EXT. - UGHT HANGING DOWN ]NT - UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
LAYING ON GROUND
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
(l)~
WEEDS
CommeDls:
BOARDED UP BY CITY OF LA PORTE ON MAY 18. 2006
B. Plumbing
1. FIXtureS
a Sink
b. Lavatories
c. Water!Closets
Ii ShowcrITub
e Water Heater
2. Water Piping
3. Dr.IiD, W~
& VeuI:
4. SewerlSeptic tank
5. Gas System
C. Beating & AlC
1. Heating
2. Air Conditioning
ilL PROPERTY CONDmONS
1. Ar;cessory Sttuctures A
2. Condition of Grounds XL--
3. Other
S:\C~\lNSPECTION DMSlON\ALL 0THE1l. STUFF\Code Enfan:emeallDang BuildingsID B INSP FORM 129 N STH.doc07.20D4 Rev.
ACTION OF CITY COUNCIL
On this, the ~ ~ day of ., the City Secretary of the
City of La Porte, having received th 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: ~/~oJj)jlaJJi--
ATTEST:
LfJl K.k d/~
City Secretary
CITY SECRETARY'S CERTIFICATE
I hereby certify that on the 3b-r day of >~, I mailed a
notice to the above named owner, in connection with the ove 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.
LlJZttrLJIL d~
Martha Gillett, TRMC, CMC
City Secretary
S:\CPShare\Code Enforcement\Action by City Council Fonn.doc
April 2004. Rev.
ORDINANCE NO. 2006- Jq~ }
AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON Blk. 331. Lots 3-4.
La Porte, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH
BUILDING(S) CONDEMNED; FINDING THAT Andrew Mrhring. Enrique Rodriguez and
Andrew 1. Mehring 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 bv the Board; and
Ordinance No. 2006-~ q~q
Page 2
WHEREAS, it has heretofore come to the attention of the Board that the building( s)
located on Blk. 33 L Lots 3-4. La Porte which is further described as 628 N. 5th St., Harris
County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate 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, June 21. 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, Andrew Mrhring whose address is 628 N. 5th St.. La Porte. Tx 77571-3312,
Enrique Rodriguez whose address is 628 N. 5th St.. La Porte. Tx 77571-3312 and Andrew J.
Mehring whose address is 911 Richvale Ln.. Houston. Tx 77062 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 as "Undeliverable" on July 26.2006
(Andrew Mrhring). Post Office Returned as "Undeliverable" on July 26.2006 (Enrique
Rodriguez). and July 25.2006 (Andrew J. Mehring) 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;
Ordinance No. 2006- ~ tJt a.1
Page 3
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 August 28. 2006 a day which is within
fifteen (15) days after the termination of the hearing; NOW THEREFORE:
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, 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 Andrew
Mrhring, who resides at 628 N. 5th S1.. La Porte. Tx 77571-3312. Enrique Rodriguez who
resides at 628 N. 5th S1.. La Porte. Tx 77571-3312 and Andrew 1. Mehring who resides at 911
Richvale Ln.. Houston. Tx 77062 and is the record owner(s) of the property on which this
building is situated, and that as such record owner( s), the said Andrew Mrhring. Enrique
Rodriguez and Andrew 1. Mehring has been duly and legally notified of those proceedings.
Section 5. The City Council hereby orders the said Andrew Mrhring. Enrique
Rodriguez and Andrew 1. Mehring to entirely remove or tear down such building(s), and further
orders the said Andrew Mrhring. Enrique Rodriguez and Andrew 1. Mehring 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.
Ordinance No. 2006-~ q~ 1
Page 4
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 Andrew Mrhring.
Enrique Rodriguez and Andrew J. Mehring, by registered mail, return receipt requested.
Section 8. Should the said Andrew Mrhring. Enrique Rodriguez and Andrew 1.
Mehring 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 be charged against the said Andrew Mrhring. Enrique Rodriguez and Andrew 1.
Mehring 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
Ordinance No. 2006- ~t}~
Page 5
Section 10. This Ordinance shall take effect and be in force from and after its passage
and approval.
PASSED AND APPROVED this theJ'lll- day of ~
, 2006.
CITY ~L~ :ORTE ~
By: ~ L... \~
Mayor
ATTEST:
~~AatI
City Secretary
APPROVED:
~~Tn~
City Attorney
City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE: &-21-06
STREET ADDRESS: 628 N. sm ST.
HCAD OWNER: ANDREW J. MRHRING - 628 N sm ST. . LA ~RTE. 'IX 77571.3312
-
DEED OWNER: ENRIQUE RODRIGUEZ - 628 N sm ST. - LA PORTE. 'IX 77571-3312
OTHER:
LEGAL:
ANDREW 1. MEHRlNG - 911 RICHV ALE LN - HOUSTON 'IX 77062
BLK 331. LTS 3-4. LAPORTE
OCCUPANCY 'tYPE: RESIDENCE
NON-CONFORMlNG ISSUES:
F ACll..lTIES AVAILABLE: WATER.:
ELECTRICAL:
ZONING:
BI
ABANDONED NON-CONFORMlNG
YES
SEWER;
YES
GAS:
YES
YES
NO.OF DWELLING UNITS:
(l)
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 DErERMlNED THE
BURDlNG LOCATED '!HEREON, INTHElR. OPlNION, IS IN FACT A DANGEROUS Bun..DING, 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 cousidered dangerous or substandard whenever it is
determined by the Board, that any or aD of the fonowing is applicable:
L-l. A building that is vacant:, and is not up to CUITeUt building code standards. These vacant buildings
can be either open to trespass or boarded up;
_2. Whenever any portion tbereofhas been damaged by fire, earthquake, wind, flood, or by any other
cause to such an extent that the structuzal strength or stability thereof is materially less than it was before such
catastrophe and is less than the mimmnm 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 full, 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, movemeDt or instability of any portion of the
ground necessary fur 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 purpose of wbich it is being used;
Dange:rous Buildiogs Inspection Form
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 fur the purpose of committing unlawful acts;
L-7. Whenever a building or structure, used or intended to be used fur dwelling purposes, because of
inadequate mll;nt~, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or
sanitation fucilities, or otherwise, is determined by the Board to be unsanitary, unfit fur 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 sufficieut fire-resistive construction, faulty electric wiring, gas connections, or
heating appaIatus or other cause, is determined by the Board to be a fire ~
B. Dangerous or substandard electrical, plumbing, or mechanical instaUatiODS.
A building or structure shall be cODSidered dangerous or substandard whenever it is determined by
the Board, that any or all of the fonowing is applicable:
L-I. Whenever any protective or safety device specified in The Electrical Code and of this title is not
provided or is iaoperative, 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;
L- 4. Whenever any installation or any portion thereof was coDStlUcted, 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:
(]{EP AIRABLE - RESIDENTIAL)
IN ACCORDANCE WITH THE CITY'S DANGEROUS Bun.DING REGULATIONS AND THE 2003 OO"ERNATIONAL
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 BUllDING
INSPECTION BOARD THAT TInS Bun.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 THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED wrrn
WITHIN THE TIMETABLE SET OUT IN ARTICLE vm. SECTION 82-478 IT IS THEN THE OPINION OF TInS
BOARD mAT TInS BUIIDING BE DEMOLISHED.
xQ~ ! ~~'\i\ Q?-/f-tJ'
Bun.DING omCIAL'S OFFICE DATE
~~
~~ I/~#~
'ie~
ATE
Dangerous Building Inspection Farm
A = Adequate
L STRUCTURAL
A. Foundation
1. Slab
2. Pier &. Beam
a. Footings
b. .Sills
c. Joists
B. Walls
1. Exterior
2. Interior
C. MeaDs of Egress
1. Doors
a. Inferior
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
ll. MEHCANICAL SYSTEMS
A. Electrical
1. Service Entr.mce
&'Panel
2. Wlring
3. Lights, Switches
4. Outlets
5. Other
B. Plumbing
1. Fixtures
a. Sink
b. Lavatories
c. Water/Closets
d. ShowerlI'ub
e Water Heater
2. Watm Piping
3. Drain, Waste
&'Vent
4. Sewer/Septic tank
5. Gas System
C. Heating & AlC
1. Heating
2. Air Conditioning
Page 3
D = Deficient
BUILDING EVALUATION CHECKLIST
~
A--
A--
A--
L-
L-
1L-
1L-
1L-
1L-
A--
A--
A--
IL-
A--
~
A--
IL-
L-
UNK.
~
~
N/A
IL-
IL-
~
UNK.
!lliL.-
UNK.
UNK
N/A
~
Ill. PROPERTY CONDmONS
1. A=sory Structures ~
2. Condition of Grounds IL-
3. Other
CoDlIDCIltS:
NI A = Not Applicable
COMMENT/EXPLANATION
ROT
TERMITE DAMAGE' HOLES
SOME MISSING
POOR CONDmON
FRONT PORCH SEPARATING FROM HOUSE: SPRINGY: NO
LANDING &: STEPS FOR NORTH DOOR
FRAME ROITED
NEW' WORK DONE WITHOtIT' PERMIT
NEW: WORK DONE WITHOtIT' PERMIT
SOME MISSING
REI> AIR STARTED WITHOtIT' PERMIT
RE-WlRING STARTED WITHOUT PERMIT
RE-WlRING STARTED WITHOUT PERMIT
RE-WlRING STARTED WITHOtIT' PERMIT
RE-WlRING STARTED WITHOUT PERMIT
NONE
NONE
ON-SITE. NOT INST AILED
ON-SITE. NOT INSTALLED
NONE
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
WEEDS
8:'CP8~\lNSPECTION DIVISION\ALL OTHER 8TIJFF\CocIo EnforcemeutlDong Buildings\D B 1N8P FORM 628 N 5TR.doo07-2004 Rn.
ACTION OF CITY COUNCIL
On this, the ~&k- day of ~dI ,tkb~ ,the City SecretaJy ofthe
City of La Porte, having received e 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
ofthe City's Code of Ordinances Article VIII, Section 82-478.
CITY OF LA PORTE
By: ,~JMvJ p C~ Ii 'JdL- ....
ATTEST:
~~
City Secretary
CITY SECRETARY'S CERTIFICATE
I hereby certify that on the3bf day of ~, I mailed a
notice to the above named owner, in connection with th bove 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.
~. iVL/i/
Martha Gillett, TRMC, CMC
City Secretary
S:\CPShare\Code Enforcement\Action by City Council Form.doc
April 2004. Rev.
ORDINANCE NO. 2006- fj ~ )0
AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON Blk. 331. Lots 1-2.
La Porte, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH
BUILDING(S) CONDEMNED; FINDING THAT City of La Porte 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
Ordinance No. 2006-~ 1311
Page 2
WHEREAS, it has heretofore come to the attention of the Board that the building( s)
located on Blk. 33 L Lots 1-2. La Porte which is further described as 632 N. 5th St., Harris
County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate 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, June 2 L
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, City of La Porte, whose address is 604 W. Fairmont Pkwy.. 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 Not Applicable - City Owned Property. 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;
Ordinance No. 2006-~ q} ~
Page 3
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 August 28. 2006 a day which is within
fifteen (15) days after the termination of the hearing; NOW THEREFORE:
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 City of La
Porte, who resides at 604 W. Fairmont Pkwy.. La Porte. TX 77571and is the record owner(s) of
the property on which this building is situated, and that as such record owner(s), the said City of
La Porte has been duly and legally notified of those proceedings.
Section 5. The City Council hereby orders the said City of La Porte to entirely
remove or tear down such building( s), and further orders the said City of La Porte 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.
Ordinance No. 2006- J. 436
Page 4
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 City of La Porte, by
registered mail, return receipt requested.
Section 8. Should the said City of La Porte, 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 be charged against the said City of La
Porte, 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 confrrms such written
notice and the contents and posting thereof
Ordinance No. 2006- c143tJ
Page 5
Section 10. This Ordinance shall take effect and be in force from and after its passage
and approval.
PASSED AND APPROVED this the ;S ~ay of tl~
, 2006.
crrYf\I1~ORTEQ.' _
By: ~~~ ~_
Mayor
A%
~~~
City Secretary
APPROVED:
U~r~
City Attorney
City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE: 6-21-06
LEGAL:
BLK 331. LTS 1-2. LAPORTE
OCCUPANCY 'tYPE: RESIDENCE
NON-CONFORMlNG ISSUES:
FACILITIES AVAILABLE: WATER:
ELECTRICAL:
ZONING:
BI
ABANDONED NON-CONFORMING USE
YES
SEWER:
YES
GAS:
YES
YES
NO.OF DWELLING UNITS: (l)
V ACANr:
YES
OCCUPIED:
AS REQUIRED ll'I mE ClTY'S CODE OF ORDINANCE, CHAPTER. 82; ARTIClE vm. mE BOARD OF
INSPECI'ION MADE AN ll'ISPECIlON OF mE AFOREMENTIONED PROPERTY, AND DETERMINED lHE
BUUDll'IG LOCATED 1HEREON, IN TIIEIR 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 cousidered daD:erous or substandard whenever it is
determined by the Board, that any or aU 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 thereofhas been damaged by fire, earthquake, wind, flood, or by any other
cause to such an eldeIJt 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 sIructure,
purpose or location;
3. Whenever any portion or member or appurtenance thereof is likely to fail. or to become detached
or dislodged, or to coUapse and thereby injure persons or damage property;
_4. Whenever the building or structure, or any portion thereo~ because of (a) dilapidation,
deterioration, or decay, (b) fitulty construction; (c) the removal, movement or instability of any portion of the
ground necessary fur the pw:pose 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, fur any reason, the building or structure, or any portion thereat; is manifestly unsafe for
the purpose of which it is being used;
DaDge:rous Baildiilgs Inspe::tio.n Fonn
Page 2
L- 6. Whenever the building or structure has 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 sttucture, used or intended to be used for dwelling purposes, because of
inadequate maint"",..nr-.e, dilapidation, decay, damage, faulty construction or ammgement, inadequate light, air, or
saDitation i3cilities. or otherwise, is determined by the Board to be unsanitmy, unfit for human habitation or in
such a condition 1hat is likely to cause sickness or disease;
8. Whenever any building or struc:tl.D"e, because of obsolescence, dilapidated condition, deterioration,
damage, inadequate exits, Iack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or
heating appaiatus or ather cause, is determined by the Board to be a fiFe hazard;
-
B. Dugerous or substandard electrical, plumbin&. or mechanical instaIlatioDS.
A building or structure shall be cousidered dugerous or substandard whenever it is determined by
the Board, that auy or all of the foRowing is applicable:
1. Whenever any protective or safety device specified in The Electrical Code and of this title is not
provided or is iRoperative, 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) fiwlty construction; (c) obsolescence; (d) inadequate mainten..n~, 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 TIIE BOARD OF INSPECTION:
OPTION #1:
lREP AIRABLE - RESIDENTIAL)
IN ACCORDANCE WITH TIIE ClTY'S DANGEROUS BUR..DING REGULATIONS AND TIm 2003 INTERNATIONAL
RESIDENTIAL CODE. AS ADOP'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 Bun.DING
INSPECTION BOARD THAT TInS BUR.DING IS IN FACT DANGEROUS. Bur STILL REPAIRABLE. ALL
REOUlRED 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 COMI'J.TFn WI1H
WITHIN TIm TIMETABLE SET our IN ARTICLE vm. SECTION 82-478. IT IS mEN TIm OPINION OF nus
BOARD THAT TEnS BUlIDING BE DEMOUSHED.
x s;d~s lV~'llJ '7-I()-l''-
BUILDING OFFICIAL'S OFFICE DATE
x~/-,
FIRE 'S OFFICE
X ~fi~ ~~#cP
~ SO CE . DATE
7~~r~ ~
. D TE
Dangerous Building lIIspection F DIm Page 3
BlJILDING EVALUATION CR1r.CKLIST
A = Adequate D = Deficient NI A = Not Applicable
1 STRUCTURAL COMMENT I EXPLANATION
A. Il'0IIJIdati0Il
1. Slab NlA..-
2. Pier &; Beam
a Footings lllilL- UNABLE TO INSPECT
b.Sills lllilL- UNABLE TO INSPECT
c. Joists UNK UNABLE TO INSPECF
B. WaDI
1. Exterior IL- ROT. BOLES
2. Interior lllilL- UN), RT R TO INSPECT
c. Meus ofEgresl
1. Doors
. a lD'f.crior lllilL- UNABLE TO INSPECT
b. Exterior IL- ROT AT FRAME
2. Porches, Steps,
Stairs IL- NO LANDING ON REAR DOOR
3. Wmdows IL- FRAME ROTI'ED: BROKEN GLASS
D. Roof
1. Ratters IL- ROTI'ED
2. Deck, Shingles IL- F AClA RO'ITED
E. CeiIiuga
1. Joists UNK UNABLE TO INSPECT
2. Ceiling IDiK.- UNABLE TO INSPECT
F. F100n ~ UNABLE TO INSPECT
G. Other NlA..-
n. MEHCANICAL SYSTEMS
A. Electrical
1. Service Entrance
&; Panel
2. WIring
3. Ligbls, Switches
4. Outlets
5. Other
B. l'huDbing
1. FIXtureS
a Sink
b. Lavatories
c. WatcrIClosets
d. Shower
e Water Heater
2. Water Piping
3. Dr.Iin, Waste
&;Vent
4. Sewer!Septic 1aDk
5. Gas System
IL-
lllilL-
IL-
UNK
lliA.-
~
IDiK.-
lllilL-
JmK...-
!lliK..-
JmK...-
!lliK..-
JmK...-
UNK.
C. Heating & AlC
1. Heating
2. Air CoIIditioning
m PROPERTY CONDmONS
1. Accessory St:roc:tmes NlA-
2. Condition of Grounds L-
3. Other
CommCDtS:
JmK...-
L-
NOT TO CODE
UNABLE TO INSPECT
EXI'ERIOR PORCH UGHI' MISSING
UNABLETOlNSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPCET
UNARY... TO INSPECT
UNABLE TO INSPECT
UN.ART... TO lNSPECT
UNABLE TO lNSPECT
UNABLETOlNSPECT
UNABLE TO INSPECT
WINDOW UNIT
S:'CPShon:\lNSPECTION DIVISION\ALL 0'l'HER STUFFlCodc Enforcomoat\Dang BuildingsID B INSP FORM 632 N smdoc07-2004 Rev.
ACTION OF CITY COUNCIL
On this, the d ~ay of ~d~ , d me;. the City Secretary of the
City of La Porte, having received th 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:
~41 L1~;) ~, a JJL/
ATTEST:
vfJ!/JZl1;t, 6W/
City Secretary
CITY SECRETARY'S CERTIFICATE
I hereby certify that on the ~ day of , flaJ..h, I mailed a
notice to the above named owner, in connection with the ove 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.
~/'" #d
Ma a Gillett, TRMC, CMC
City Secretary
S:\CPShare\Code Enforcement\Action by City Council Fonn.dQc
April 2004. Rev.
ORDINANCE NO. 2006~q3)
AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON Blk. 78. Lots 19-20.
La Porte, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH
BUILDING(S) CONDEMNED; FINDING THAT Gertie Pinkney 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
Ordinance No. 2006-~ 13/
Page 2
WHEREAS, it has heretofore come to the attention of the Board that the building(s)
located on Blk. 78. Lots 19-20. La Porte which is further described as 305 N. 6th St., Harris
County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate 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, June 21.
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, Gertie Pinkney, whose address is 305 N. 6th St.. La Porte. Tx 77571-3203, 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 as "Undeliverable" on July 26.2006. 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
Ordinance No. 2006-~ 93:1
Page 3
WHEREAS, City Council entered its order on August 28. 2006 a day which is within
fifteen (15) days after the termination of the hearing; NOW THEREFORE:
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 Gertie
Pinkney, who resides at 305 N. 6th St.. La Porte. Tx 77572-3203 and is the record owner(s) of the
property on which this building is situated, and that as such record owner(s), the said Gertie
Pinkney has been duly and legally notified of those proceedings.
Section 5. The City Council hereby orders the said Gertie Pinkney to entirely
remove or tear down such building(s), and further orders the said Gertie Pinkney 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 Gertie Pinkney, by
registered mail, return receipt requested.
Ordinance No. 2006J 1 jf
Page 4
Section 8. Should the said Gertie Pinkney, 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 be charged against the said Gertie
Pinkney, 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~day of~.?ff! , 2006.
CIT~ r~ POR1EC\)
By: ~.\~
Mayor
ATTEST:
lfJ?!1I1/~
City Secretary
APPROVED:
~7
City Attorney
4- A ~.
f W:Y ~.A/f/)
City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE: 6-21-06
STREET ADDRESS: 305 N. 6TH ST.
HCAD OWNER; GERTIE PINKNEY - 305 N 6TH ST. - LA POR~ TX 77571-3203
-
DEED OWNER; GERTIE PINKNEY - 305 N 6TH ST. - LA PORTE. TX 77571
OTHER:
LEGAL:
BLK 78. LTS 19-20 LA PORTE
OCCUPANCY'l:YPE: RESIDENCE
NON-CONFORMING ISSUES: N/A
ZONING:
R-1
FACll.lTIES AVAILABLE: WATER:
ELECTRICAL:
YES
SEWER:
YES
YES
GAS:
YES
NO.OF DWELLING UNITS:
m
VACANT:
YES
OCCUPIED:
AS REQUIRED IN THE ClTY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE vm, THE BOARD OF
lNSPEcrIONMADE ANINSPECI10N OF THE AFOREMENTIONED PROPERTY, AND DETERMINED TIm
BUlLDING LOCATED THEREON, IN 'ffiEIR OPINION, IS IN F Acr A DANGEROUS BUILDING, FOR THE
FOLLOWING REASONS:
Sec. 82-473. Declaration of Public Nuisance and Hazard.
A. D8JlI:erous or Substandard Buildings or Structures.
A builcliq or structure shall be cousidered dangerous or substandard whenever it is
determined by the Board, that any or all of the fonowing 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;
L-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;
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;
~ 4. Whenever the building or structure, or any portion thereot: because of (a) dilapidation,
deterioration, or decay; (b) fiwlty constIUction; (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 thereot: is manifestly unsafe fur
the purpose of which it is being used;
Dangerous Buildings 1nspcctioo Fmm
Page 2
L-6. Whenever the building or struc:tme bas been so damaged by fire, wind, earthquake, or flood, or bas
become so dilapidated or deteriorated as to become (a) a public mrisance, (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 maint.eDance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or
sanitation facilities, or otherwise, is determined by the Board to be unsanitaIy, 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 appaiatus or other cause, is determined by the Board to be a fiFe hazard;
-
B. Dangerous or substandard electrical, plwnbinC. or mechanical insta1lations.
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 of1his title is not
provided or is iDoperative, defective, dilapidated., or deteriora:ted so as to threaten to fail or function as originally
intended; .
L-2. 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;
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 .
FINDINGS AND CONCLUSIONS OF TIlE BOARD OF INSPECTION:
OPTION#L
lREP AIRABLE - RESIDENTIAL)
IN ACCORDANCE WITH TIm CITY'S DANGEROUS BUILDING REGULATIONS AND THE 2OO3lNTERNATIONAL
RESIDENTIAL CODE. AS AOOP'IED AMENDED AND ENACTED BY CITY. ORDINANCE #04-2700 AND #96-2079-
B. USING TIm REGULATIONS AND CODE AS ITS GUIDE. IT IS THE OPINION OF TIlE DANGEROUS BUILDING
INSPECTION BOARD THAT TInS Bun.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 THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED wrrn
WITHIN TIm TIMETABLE SEI' OUT IN ARTIa..E vm SECTION 82-478. IT IS mEN THE OPINION OF TInS
BOARD THAT TInS BUILDING BE DEMOLISHED.
x <K>~ ~ W~ I~ 7-lc-q 6
BUllDING OFFICIAL'S OFFICE DATE
xrJ;l&/-"5 7;'~ar..,
FIRE 'S CE 'DA
~J1 i/?~ '7t~t:
S OFFICE A
Dangerous Bui1diog Inspection F DIm Page 3
BUlLDING EVALUATION CIIlCCKLIST
A = Adequate D = Deficient NI A = Not Applicable
1 STRUCTURAL COMMENT I EXPLANATION
A. Foundation
1. Slab NlA-
2. Pier & Beam
a. Footings UNK UNABLE TO INSPECT
b._Sills !lliK.- UNABLE TO INSPECT
c. Joists .I:L- FLOORS SPRINGY -
B. Walls
1. Exterior .I:L- ROT ON SOUI'H SIDE
2. Interior .I:L- HOLES. ROT. MOLD
c. Meus ofltgress
1. Doors
a. Ilierior A--
b.Exterior .I:L- ROT AT FRAME
2. Porches, Steps,
Stairs .I:L- NO LANDING FOR NORTH DOOR
3. Wmdows XL- ROT AT FRAME
D. Roof
1. Rafters XL- ROTIED
2. Deck, Shingles XL- DECKING. FACIA ROT
E. Ceilings
1. Joists XL- ROT
2. Ceiling XL- COLLAPSED
F. Floors XL- SPRINGY: HOLES
G. Other HLL-
IT. MEHCANlCAL SYSTEMS
A. Electrical
1. Service Entzance
& Panel
2. Wiring
3. Lights, Switches
4. Outlets
5. Other
B. Plumbing
1. Fixtures
a. Sink
b. Lavatories
c. Water/Closets
d. ShowerlTub
e Water Heater
2. Water Piping
3. Drain, Waste
& Vent
4. SewerlSeptic tauk
5. Gas System
A--
UNK
.I:L-
.I:L-
N/A
A--
A--
A--
A--
.I:L-
UNK
UNK
UNK
UNK
C Beating &: Ale
1. Heating
2. Air Conditioning
Dl PROPERTY CONDmONS
1. Accessmy Sttuc:tmes ~
2. Condition of Grounds XL-
3. Other
Comments:
UNK
A--
UNABLE TO INSPECT
FJX'TIJRES HANGING DOWN: COVER. PLATES MISSING
COVER PLATES MISSING
POOR CONDmON
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
WINDOW UNIT
WEEDS
S:\CPSbare\INSPECTION DIVlSION\ALL OTHER STIJFF\Code EDforcementIDang BuiJdiDgsID B lNSP FORM 305 N 6TH.doc07-2lI04 Rev.
ACTION OF CITY COUNCIL
On this, the ;? ~ d~y of . ~OO(;, the City Secretary of the
City of La Porte, having received th 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 ofOrdinan,ces Article VIII, Section 82-478.
CITY OF LA PORTE
xlli ,!Y t / /j lJay1L_
/
By:
ATTEST:
~~/~~
City Secretary
CITY SECRETARY'S CERTIFICATE
I hereby certify that on the 3b f day of ~ I mailed a
notise to the. above named owner, in connection with the ve referenced property, said
notice being in accordance with City's Code of Ordinances Article vrn, Section 82-47K
A copy of said notice is attached hereto. Said notice included a copy of the Dangerous
Building Inspection Form attached hereto.
~kh~~
Martha Gillett, TRMC, CMC
City Secretary
S:\CPShare\Code Enforcertlent\Action by City Council Form.doc
April 2004. Rev.
ORDINANCE NO. 2006- J ~ 1/
AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON Tr. 27. Blk. 27: & Tr.28.
Blk. 28: & Tr. 3. Abst. 5. E. Brinson: Nebraska Syndicate. HARRIS COUNTY, TEXAS, TO BE
IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING
THAT Oak Park Trading. Ltd. Oak Park Trading. Ltd. and Oak Park Trading. Ltd % Hal Lawler
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
Drdinance No. 2006- ;?13A
Page 2
WHEREAS, it has heretofore come to the attention of the Board that the building( s)
located on Tr. 27. Blk. 27: & Tr.28. Blk. 28: & Tr. 3. Abst. 5. E. Brinson: Nebraska Syndicate.
which is further described as 1306 N. 10th St., Harris County, Texas, has, for the reason of
neglect or misuse, been allowed to deteriorate 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 June 21.
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, Oak Park Trading. Ltd., whose address is 1400 N. 10th S1.. Trlr. 100. La Porte.
Tx 77571-323 L Oak Park Trading. Ltd. whose address is 1400 N. 10th S1.. Box 100. La Porte. Tx
77571 and Oak Park Trading. Ltd. % Hal Lawler whose address is 911 Oak Leaf. 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(s) on July 26.2006 (All three parties). 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;
Ordinance No. 2006-~ tJ3)--
Page 3
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 August 28. 2006 a day which is within
fifteen (15) days after the termination ofthe hearing; NOW THEREFORE:
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 Oak Park
Trading. Ltd., who resides at 1400 N. 10th St.. La Porte. Tx 77571-323 L Oak Park Trading. Ltd.
who resides at 1400 N. 10th St.. Box 100. La Porte. Tx 77571 and Oak Park Trading. Ltd. % Hal
Lawler who resides at 911 Oak Leaf. 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 Oak Park
Trading. Ltd.. Oak Park Trading. Ltd. and Oak Park Trading. Ltd. % Hal Lawler has been duly
and legally notified of those proceedings.
Section 5. The City Council hereby orders the said Oak Park Trading. Ltd. Oak Park
Trading. Ltd. and Oak Park Trading. Ltd. % Hal Lawler to entirely remove or tear down such
building(s), and further orders the said Oak Park Trading. Ltd. Oak Park Trading. Ltd. and Oak
Park Trading. Ltd. % Hal Lawler 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.
Ordinance No. 2006-;? 1JA
Page 4
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 Oak Park Trading. Ltd,
Oak Park Trading. Ltd. and Oak Park Trading. Ltd. % Hal Lawler by registered mail, return
receipt requested.
Section 8. Should the said Oak Park Trading. Ltd. Oak Park Trading. Ltd.. and Oak
Park Trading. Ltd. % Hal Lawler 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 be charged against the said Oak Park Trading. Ltd. Oak
Park Trading. Ltd. and Oak Park Trading. Ltd. % Hal Lawler 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.
Ordinance No. 2~ 13;)
Page 5
Section 10. This Ordinance shall take effect and be in force from and after its passage
and approval.
PASSED AND APPROVED this th~ day of dtt ~. , 2006.
CITY P\ L~ ,PORTE ~
By: Ufu~~;\~
Mayor
ATTEST:
~Jr~, ~d
City Secretary
APPROVED:
1~~4-. -r .~~~~
City Attorney
City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE: 6-21-06
STREET ADDRESS: 1306 N. 10TH ST.
BCADOWNER: OAK PARK TRADING LID. -1400N.10m ST_ TRLR_1OO-LAPORTE. TX77571-323l
DEED OWNER: OAK PARK TRADING. LID. - 1400 N. 10TH ST.. BOX 100 ~ PORTE. TX 77571 (1/2 INTERESTI:
UN}, RT.J:: TO LOCATE DEED ON REMAINING 1/2 INTEREST
LEGAL:
OAK PARK TRADING. LID. % HAL LAWLER - 911 OAKLEAF - LAPORTE. TX 77571
TR 27. BLK 27: & TR 28. BLK 28: & TR 3: ABST. 5. E BRINSON
OTHER.:
. HALFWAY/GROUP BOME ZONING: BI
OCCUPANCY TYPE:
NON-CONFORMlNG ISSUES: N/A
F AClLITIES AVAILABLE: WATER: YES SEWER: YES
ELECTRICAL: YES GAS: YES
NO.OF DWEU.JNG UNITS: N1A
V ACAt!IT: YES OCCUPIED:
AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTIClE vm. TIlE BOARD OF
INSPECrlONMADE AN INSPECTION OF TIlE AFOREMENTIONED PROPERTY, AND DETERMINED TIlE
BUILDING LOCATED THEREON, IN mEIR OPINION, IS IN F Acr A DANGEROUS Bun.DING, FOR THE
FOILOWING REASONS:
Sec. 82-473. Declaration of Public Nuisance and HazaId.
A. Duagerous or Substandard Buildings or Structures.
A buiJdiDg or structure shall be considered daogerous or substandard whenever it is
determined by the Board, that any or all of the foRowing is applicable:
1--1. A building that is vacaut, and is not up to current building code standards. These vacant buildings
can be ei1her open to trespass or boarded up;
L-2. Whenever any portion thereofhas been damaged by fire, eartbquake, wind, flood, or by any other
cause to such an exteIIt that the structUIal strength or stability thereof is materially less than it was before such
catastrophe and is less than the minimum requin:ments of the building code fur new buildings of similar structure,
pmpose or location;
L-3. Whenever any portion or member or appurteDance thereof is likely to WI, or to become ~ed
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) faulty construction; (c) the removal, movement or instability of any portion of the
ground necessary fur the pmpose of supporting the building; (d.) the deterioration, decay, or inadequacy of its
foundation, or (e) any other cause. is likely to partiaD.y or completely collapse;
L-S. Whenever, fur any reason, the buildiDg or structure, or any portion thereof, is manifestly unsafe fur
the purpose of which it is being used;
Dangerous Buildings Jnspection F ann
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 1he purpose of committing unlawful acts;
N! A 7. Whenever a building or structure, used or iDtended to be used for dwelling purposes, because of
inadequate ......inten..nr.e, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or
sanitation facilities, or otherwise, is determined by the Board 10 be 1JDS"nit,..y, 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, fiwlty electric wiring, gas connections, or
heating appafatus or other cause, is determined by the Board to be a me hazard;
B. Dan:erous or substandard electric:al, 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 moperative, defective, dilapidated, or deteriorated so as to threaten 10 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;
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 TIlE CITY'S DANGEROUS BUILDING REGULATIONS AND TIlE 2003 INTERNATIONAL
BUilDING CODE. AS ADOPTED. AMENDED AND ENACTED BY CITY. ORDINANCE #04-2700 AND #96-2079-B.
USING THE REGULATIONS AND CODE AS ITS GUIDE. IT IS TIlE OPINION OF THE DANGEROUS BUilDlNG
lNSPECTION BOARD THAT THIS BUilDING IS IN F ACI'DANGEROUS. BUT STILL REPAIRABLE. ALL
REQUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF
LA PORTE CODES AND ORDlNANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WITH
wrmIN THE TIMETABLE SET OUT IN ARTICLE vm. SECTION 82-478. IT IS THEN THE OPINION OF THIS
BOARD THAT THIS BunnING BE DEMOLISHED.
x5j~ ~W~
BUilDING OFFICIAL'S OFFICE
7-i~-O 6
DATE
~~"..
~~~ -?f"'M?
S OFFICE DA
7 /tD/~
DATE'
Dangerous BuDding lDspeetion FOIIIl
A = Adequate
L STRUCTIJRAL
A. Foudatioa
1. Slab
2. Pier &. Beam
a Footings
b..Sills
c. Joists
B. Walla
1. Exte:rior
2. Interior
C. Mens ofEgn!ss
1. Doors
. a biic:rior
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
Page 3
D = Deficient
BUlLDING EVALUATION CHECKLIST
IlliK....-
HLA-
HLA-
Nl.L-
IL-
UNK
UNK
IL-
~
UNK
HLA-
IL-
IL-
IL-
UNK
~
IT. MEHCANICAL SYSTEMS
A. EJec:trial
1. Service Enttance
&. Panel IL-
Wlring UNK
3. Ugbts, Switches !lliK...-
2. Wiring UNK
3. Lights, Switches ~
4. Outlets UNK
5. Other N/A
B. P1lUDbing
1. Fixtures
a Sink
b. Lavatories
c. WaterIClosets
d Shower
e Water Heater
2. Water Piping
3. Drain, Waste
&. Vent
4. SewerlSeptic tank
5. Gas System
C. Beating & AlC
1. Heating
2. Air Conditioning
Ill. PROPERTY CONDITIONS
1. A=ory Stmctores N/A
2. Condition of Grounds IL-
3. Other
CoIIlIIlCDtS:
UNK
UNK
~
~
IlliK....-
~
UNK
~
~
N/A
N/A
Nt A = Not Applicable
COMlvlENT I EXPLANATION
UNABLE TO INSPECT
UNEVEN SETI'LEMENT: HOLE
UNABLE TO INSPECT
UNABLE TO INSPECT
DOOR FRAMES ROTI'ED
BOARDED UP
FAT T F:N IN: HOLES
PORCH JOISTS RO'ITED: INTERIOR JOISTS ROTIED
P ARTIALL Y COLLAPSED
UNABLE TO INSPECT
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
UNA RT.F. TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
DEBRIS
S:\CPShareIINSPECl10N DMSION\ALL OTHER S1UFFICode EuIOrc:<:meat\Dang BDiklings\D B INSP FORM 1306 N 10TH.doc07-2004 by.
"._...~-"~~-
ACTION OF CITY COUNCIL
On this, the ;), r- day of Jt.4 (/ , the City Secretary of the
City of La Porte, having received th 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
ofthe City's Code of Ordinances Article VIII, Section 82-478.
CITY OF LA PORTE
J;,d~fi}p~ "i lL-
By:
ATTEST: . \.
/J7/1ftk ~L$
City Secretary
CITY SECRETARY'S CERTIFICATE
I hereby certify that on the3Yr 01 day of ,dt;af;, I mailed a
notice to the above named owner, in connection with the ove 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.
LtJ;&tf~ddr
Martha Gillett, TRMC, CMC
City Secretary
S:\CPShare\Code Enforcement\Action by City COWlcil Fonn.doc
April 2004. Rev.
ORDINANCE NO. 2006- J. q J 3
AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON Blk. 98. Lots 15-16.
La Porte. HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH
BUILDING(S) CONDEMNED; FINDING THAT Calixtro Castillo. Calixtro Castillo. Calixtro
Castillo % Calixtro Castillo. Jf. and Calixtro Castillo. Jr. 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
Ordinance No. 2006- ~q 3,3
Page 2
WHEREAS, it has heretofore come to the attention of the Board that the building( s)
located on Blk. 98. Lots 15-16. La Porte. which is further described as 502 N. lIth S1., Harris
County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate 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, June 21.
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, Calixtro Castillo, whose address is P. O. Box 83 L La Porte. Tx 77572-0831,
Calixtro Castillo, whose address is 502 N. 11th St. La Porte. Tx 77571, Calixtro Castillo %
Calixtro Castillo. Jr. whose address is 721 Princeton. Deer Park. Tx 77536. and Calixtro
Castillo. Jr. whose address is 10815 N. L S1.. 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 Returned as "Undeliverable" on July 26.2006 (P.
O. Box Address). Post Office Returned as "Undeliverable" on July 26.2006 (N. 11th Address).
Post Office "Attempted" Delivery on July 26.2006 (princeton Address). and Post Office
"Attempted" Delivery on July 26. 2006 (N. L S1. Address). 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~
Ordinance No. 2006- ~ Cf33
Page 3
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 August 28. 2006 a day which is within
fifteen (15) days after the termination of the hearing; NOW THEREFORE:
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 Calixtro
Castillo, who resides at P. O. Box 831. La Porte. Tx 77572-0831. Calixtro Castillo who resides at
502 N. 11th. La Porte. Tx 77571. Calixtro Castillo % Calixtro Castillo. Jr. who resides at 721
Princeton. Deer Park. Tx 77536. and Calixtro Castillo. Jr. who resides at 10815 N. L St.. 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 Calixtro Castillo. Calixtro Castillo. Calixtro Castillo %
Calixtro Castillo. Jr. and Calixtro Castillo. Jr.. has been duly and legally notified of those
proceedings.
Ordinance No. 2006-;'133
Page 4
Section 5. The City Council hereby orders the said Calixtro Castillo. Calixtro
Castillo. Calixtro Castillo % Calixtro Castillo. Jf. and Calixtro Castillo to entirely remove or tear
down such building(s), and further orders the said Calixtro Castillo. Calixtro Castillo. Calixtro
Castillo % Calixtro Castillo. Jr. and Calixtro Castillo. Jr. 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 Calixtro Castillo
Calixtro Castillo. Calixtro Castillo % Calixtro Castillo. Jr. and Calixtro Castillo. Jr., by registered
mail, return receipt requested.
Section 8. Should the said Calixtro Castillo. Calixtro Castillo. Calixtro Castillo %
Calixtro Castillo. Jf. and Calixtro Castillo. Jr., 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 be charged against the said Calixtro
Castillo. Calixtro Castillo. Calixtro Castillo % Calixtro Castillo. Jr. and Calixtro Castillo. Jr.,
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.
Ordinance No. 2006; tj 33
-
Page 5
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;).~ day of [lur'c.} , 2006.
CITYf( ~~ PORTE ~
By: ~~{~
Mayor
ATTEST:
v{r) ()!IJfu-Ijf!Letary
APPROVED:
~,;;-ti~~~
City Attorney
City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE:
6-21-06
STREET ADDRESS: 502 N. 11TH ST.
HCAD OWNER: CALIXTRO CASTn..LO - POBOX 831. LAPORTE. TX 77572-0831
DEED OWNER: CALIXTRO CASTn..LO - 502 N. 11TH ST. - LA PORTE. TX 77571
OTHER#2:
CALIXTRO CASTILLO. %CALIXTRO CASTILLO. JR .721 PRINCETON -
DEER PARK. TX77536
CALIXTRO CASTILLO. JR -10815 N. L ST. - LA PORTE TX 77571
BLK 98 LTS 15.16. LA PORTE
OTIIER:
LEGAL:
OCCUPANCY TYPE: SALVAGE YARD
ZONING:
GC
NON-CONFORMING ISSUES:
FACILITIES A V AlLABLE: WATER:
ABANDONED NON-CONFORMING USE
YES
SEWER:
GAS:
YES
YES
ELECTRICAL:
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 DE'I'ERMlNED THE
BUITDING LOCATED TIIEREON, IN THEIR OPlNION, IS IN FACT A DANGEROUS Bun.DING, 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 standanis. 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 m;n;Tn1JDl 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 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;
L--5. Whenever, for 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 Fm:m
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 DUisanc:e, (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 pmposes, because of
inadequate tna.nten""/"-c, dilapidation, decay, damage, faulty construction or ammgement, inadequate light, air, or
sanitation &cilities, or otherwise, is determined by the Board to be unsanitary, UDfit 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 appamtus or other cause, is determined by the Board to be a fire ~
B. Dangerous or substandard electrical, plnmbing, or mec:hauical installations.
A building or structure shall be coDSidered dangerous or substandard whenever it is determined by
the Board, that any or aD of the foUowing 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-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;
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.
FINDINGS AND CONCLUSIONS OF TIlE BOARD OF INSPECTION:
OPTION #3:
(NON-RESIDENTIAL)
IN ACCORDANCE WITH THE CITY'S DANGEROUS Bun..DING REGULATIONS AND THE 2003 INTERNATIONAL
BUlLDING CODE. AS ADOPTED. AMENDED AND ENACTED BY CITY. ORDINANCE #104-2700 AND #96-2079-B.
USING THE REGULATIONS AND CODE AS ITS GUIDE IT IS THE OPINION OF THE DANGEROUS Bun..DING
INSPECTION BOARD THAT nns BUlLDING IS IN FACT DANGEROUS. BUT STn.L REPAIRABLE. ALL
REOUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH AlL APPLICABLE CITY OF
LA PORTE CODES AND ORDINANCES. IF nm REPAIR OR ALTERATION ORDER IS NOT COMPLIED WITH
WITIIIN THE TIMETABLE SET OUT IN ARTICLE vm. SECTION 82-478. IT IS THEN THE OPINION OF THIS
BOARD THAT THIS BUILDING BE DEMOLISHED.
x 'Id~tt.d 4 W~~~, 7-/a -C b
BUIlDING OFFICIAL'S OFFICE DATE
~j.e':>
FIRE OFFICE
X ~ /3~rA?~~~
~ S OFFICE D~ r t:i
7k~"-f
DA:
Dangerous Building 1nspectian F ann
A = Adequate
L STRUCTURAL
A. Foundation
1. Slab
2. Pier &. Beam
a..Footings
b.Sills
c.Joists
B. Walls
1. Exterior
2. Interior
c. ~ ofEgres.
1. Doors
a. Interior
b. Exterior
2. Porches, Steps,
Stairs
3. Windows
D. Roof
1. Rafters
2. Deck, Metal
E. Ceilings
1. Joists
2. Ceiling
F. Floors
G. Other
IT. MEHCANICAL SYSTEMS
A. Electrical
1. Service Entrance
&.Panel
2. WIring
3. Lights, Switches
4. Outlets
5. Other
Comments:
Page 3
D = Deficient
BUILDING EVALUATION CHECKLIST
L-
N/A
WA-
N/A
L-
WA-
N/A
WA-
N/A
WA-
L-
L-
WA-
WA-
~
~
L-
WA-
HLA-
HLA-
HLA-
~
HLA-
N/A
HLA-
HLA-
~
~
~
HLA-
N/A
~
FIRE DATE: 2-15-01
NI A = Not Applicable
COMMENT /EXPLANATlON
FIRE DAMAGE. WALL COLLAPSING
FIRE DAMAGE
METAL PANELS. RUST. POOR CONDmON
(1) STORAGE BLDG ON SKIDS
DEBRIS. WEEDS. JV'S. TIRES
2) COVERED AREAS - ROOFS IN POOR CONDmON
B. Plnmbing
1. F1XtmeS
a. Sink
b. Lavatories
Water/Closets
d Shower
e Water Heater
2. WalerPiping
3. Drain, Waste
&Vcut
4. SewerlSeptic 1aDk
5. Gas System
C. Beating &; AlC
1. Heating
2. Air Conditioning
m. PROPERTY CONDmONS
1. Accessory Structures L-
2. Condition of Grounds L-
3. Other L-
S:\Cl'SbareIlNSPECTION DIVlSJON\ALL OTHER STUFF\CocIe EufotcemeatIDang Buildingz;\D 13 INSP FORM S02 N 11 TH.doc07-2004 Rev.
ACTION OF CITY COUNCIL
On this, the ~ ~ day of , the City Secretary of the
City of La Porte, having received th hove 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 vrn, Section 82-478.
CITY OF LA PORTE
By:
v1Ll 61 AJ jXI0t a I JL--
()
ATTEST:
!lI~ 1I$i
City Secretary
CITY SECRETARY'S CERTIFICATE
I hereby certify that on the 3! b-/ day of , I mailed a
notice to the above named owner, in connection with the 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.
L1ll df11a- r/j"ud!
artha Gillett, TRMC, CMC
City Secretary
S:\CPShare\Code Enforcement\Action by City Council Form.doc
April 2004. Rev.
Potential Dangerous Building List
Summer 2006, Group 2
Page 5
13) 502 N. 11th Street
Zoning:
Use:
Legal:
HCAD:
Tax Roll:
Deed:
Other:
GC
Salvage Yard
Blk. 98~ Lots 15, 16~ La Porte
#023-213-098-0015
Calixtro Castillo - P. O. Box 831 - La Porte, Tx 77572-0831
Calixtro Castillo - 502 N. 11th S1. - La Porte, Tx 77571
Calixtro Castillo % Calixtro Castillo, Jr. -721 Princeton-
Deer Park, Tx 77536
Calixtro Castillo, Jr. - 10815 N. L St. - La Porte, Tx 77571 (Son)
$2,443.11 (As of July 2006)
$195.00
Other:
Taxes:
Mowing/Clean-lJP Liens:
14) 10911 North L Street, Trailer #7
(REMOVED BY OWNER 08/08/06; ABATED, NO ACTION BY CI1Y)
Zoning: MH
Use: Dwelling (Mobile Home)
Legal: Tr. 426B, W. ~ ofE. ~~ La Porte Outlots
HCAD: #023-140-000-0523
Tax Roll: Linda Dickerson - 5901 Gateshead Dr. - Austin, Tx 78745-3528
Deed: Glennwood Enterprises - 4056 North Duck Creek Rd. -
Cleveland, Tx 77327
Other: Glenn Brown dba Glennwood Enterprises - P. O. Box 5309
Pasadena, Tx 77508 (park License)
Taxes: None Owed
Mowing/Clean-up Liens: None Owed
VOLUNTARY CONSENT TO DEMOLISH
City of La Porte
DANGEROUS BUILDlNG INSPECTION FORM
DATE: 6~1~6
STREET ADDRESS: 10911 NORmL ST. #7
HCAD OWNER: LINDA DICKERSON - 5901 GATESHEAD DR...AUSTIN. TX 78745-3528
-
DEED OWNER.: GT.ENNWOOD ENTERPRISES - 4056 NORm DUCK CREEK RD. - CLEVELAND. TX 77327
OTHER:
PARK LICENSE - GLENN BROWN dba GLENNWOOD ENTERPRISES. POBOX 5309
PASADENA TX77508
TR426B. Wll2 OF Ell2. LA PORTE OU'ILOTS
LEGAL:
..
OCCUPANCY TYPE: RESIDENCE - MOBILE HOME ZONING: MH
NON-CONFORMING ISSUES: N/A
F ACILlTIES AVAILABLE: W A'I'ER:
YES
ELECTRICAL:
YES
SEWER:
GAS:
YES
YES
NO.OF DWELLING UNITS:
VACANT:
YES
OCCUPIED:
AS REQUIRED IN mE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, mE BOARD OF
INSPECTION MADE AN INSPECTION OF mE AFOREMENTIONED PROPERTY, AND DETERMlNED TIm
BunDING LOCATED 1BEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR mE
FOLLOWING REASONS:
Sec. 82-473. Decla.ration of Public Nuisance and Hazard.
A. Dangerous or Substandard Buildings or Structures.
A building or structure shall be cODSidered dangerous or substandard whenever it is
determined by the Board, that my or all of the foRowing is applicable:
L-l. A building that is vacant, and is not up to curreDt 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 exteDt 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 appurteuance 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 pwpose 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 sttucture, or any portion thereot: is manifestly unsafe for
the purpose of which it is being used;
DaIlgerous Bui1dings lnspecticm Form
Page 2
_6. Whenever the building or stJ:ucture has 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 maiDtenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or
sanitation facilities, or otherwise, is determined by the Board to be nn!:lmttary, unfit for human habitation or in
such a condition that is likely to cause sickness or disease; (VACANT/CLOSED UP FOR 1 YEAR)
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 hl1WU;
B. Daneerous or substandard electrical, plumbing, or mechanical installations.
A building or structure shaD be considered dangerous or substandard whenever it is determined by
the Board, that any or aD 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.;
_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:lire code so as to constitute a potential hazard to life, health, property or
safety.
FINDINGS AND CONO-USIONS OF mE BOARD OF INSPECTION:
OPTION #1:
(]ffiP AlRABLE - RESIDENTIAL)
IN ACCORDANCE wrm 1HE CITY'S DANGEROUS BUllDING REGULATIONS AND mE 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 mE OPINION OF mE DANGEROUS BUllDING
INSPECTION BOARD TIlAT THIS Bun.DING IS IN FACT DANGEROUS. BUT STILL REPAIRABLE. ALL
REQUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE wrm ALL APPLICABLE CITY OF
LA PORTE CODES AND ORDINANCES. IF mE REPAIR OR ALTERATION ORDER. IS NOT COMPLIED wrm
WTmIN nm TIMETABLE SET OUT IN ARTICLE vm. SECTION 82-478. IT IS THEN 1HE OPINION OF TInS
BOARD '!HAT THIS BUllDING BE DEMOLISHED.
x k).lUA.A ~1 7-/c~'
BUllDING OffiCIAL'S OFFICE DATE
xC7~~ ,'~
FlRE 'CE ~A I
~oufl~~ 'l/rO/ot:,
S OffiCE DATE '
Dllngenms BnildiDg Inspection Form
A = Adequate
L STRUcruRAL
A. Foundation
1.S1ab
2. Pier It. Beam
a Footings
b.SiDs
c. Joists
B. WaDs
1. Exterior
2. Interior
c. MeaDs of Egress
1. Doors
a l:Dlerior
b.ElCterior
2. Pon:hes, Steps,
Stairs
3. Wmdows
D. Roof
1. Rafters
2. Deck, Shingles
E. Ceilings
1. Joists
2. CeiliDg
F. FIoon
G. Other
IT. MEHCANICAL SYSTEMS
A. E1ec:trical
1. Service Entmnce
It. Panel
2. Wiring
3. Lights, Switches
4. Outlets
5. Other
B. Plumbing
1. FJXtmes
aSiDk
b. Lavatories
Watl:r!C1osets
d. Shower
e Water Heater
2. Water Piping
3. Drain, Waste
It. Vem
4. Sewe:rlSept:ic 1lmk
S. Gas System
Page 3
D=DeficieDt
BUILDING EVALUATION C"RECKLIST
NL.L-
!mIL-
NtA
NtA
!mIL-
!mIL-
!mIL-
IL--
IL--
IL--
NtA
UNK
!mIL-
UNK
UNK
IL--
UNK
!lliK-
!lliK-
UNK
NL.L-
UNK
UNK
UNK
UNK
!lliK-
UNK
UNK
UNK
UNK
C. Heating & AlC
1. Heating
2. Air ColIditiODing
m. PROPERTY CONDmONS
1. A=sory Structures Nt A
2. Condition of Grounds IL--
3. Other Nt A
Comments:
UNK
UNK
NI A = Not Applicable
COMMENT tEXPLANATION
UNABLE TO lNSPECT
UNABLETOlNSPECT
UNABLETOlNSPECT
UNABLETOlNSPECT
FRONT DOOR SEPARATING:
MISSlNG ON FRONT DOOR: NO LANDlNG ON REAR DOOR
BROKEN GLASS
UNABLE TO lNSPECT
UNABLE TO lNSPECT
UNABLETOlNSPECT
UNABLE TO lNSPECT
SKIRTING DAMAGED
UNABLE TO lNSPECT
UNABLETOlNSPECT
UNABLETOlNSPECT
UNABLE TO lNSPECT
UNABLE TO lNSPECT
UNABLE TO lNSPECT
UNABLE TO lNSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO lNSPECT
UNABLE TO lNSPECT
UNABLE TO lNSPECT
UNABLE TO lNSPECT
WlNDOW UNITS
WEEDS. ST ANDlNG WATER
S:\CPShareIlNSPECTION DMSlON\AU. OTHER. S11JFF\Code E.nforcemeol\Daug BuildingslD B INSP FORM 10911 N L ST#7.doc07-2004 Rev.
Potential Dangerous Building List
Swnmer 2006, Group 2
Page 6
15) 10911 North L Street, Trailer #8
(REMOVED BY OWNER 08/08/06; ABATED, NO ACTION BY CITY)
Zoning: MH
~: Dwelling (Mobile Home)
Legal: Tr. 426B, W. 1f2 ofE. 1f2; La Porte Outlots
HCAD: #023-140-000-0523
Tax Roll: Linda Dickerson - 5901 Gateshead Dr. - Austin, Tx 78745-3528
Deed: Glennwood Enterprises - 4056 North Duck Creek Rd. -
Cleveland, Tx 77327
Other: Glenn Brown dba Glennwood Enterprises - P. O. Box 5309
Pasadena, Tx 77508 (park License)
Taxes: None Owed
Mowing/Clean-up Liens: None Owed
VOLUNTARY CONSENT TO DEMOLISH
16) 10911 North L Street, Trailer #26
(REMOVED BY OWNER 08/08/06; ABATED, NO ACTION BY CITY)
Zoning: MH
Use: Dwelling (Mobile Home)
Legal: Tr. 426B, W. 1f2 ofE. 1f2; La Porte Outlots
HCAD: #023-140-000-0523
Tax Roll: Linda Dickerson - 5901 Gateshead Dr. - Austin, Tx 78745-3528
Deed: Glennwood Enterprises - 4056 North Duck Creek Rd. -
Cleveland, Tx 77327
Other: Glenn Brown dba Glennwood Enterprises - P. O. Box 5309
Pasadena, Tx 77508 (park License)
Taxes: None Owed
Mowing/Clean-up Liens: None Owed
VOLUNTARY CONSENT TO DEMOLISH
S:\City Planning Share\INSPECTION DIVISION\ALL OTHER STUFF\Code Enforcement\Dang Buildings\2006
Swnmer Group 2.doc
City of La Porte
DANGEROUS BUilDING INSPECTION FORM
DATE: 6-21-06
STREET ADDRESS: 10911 NORm L ST. #8
HCAD OWNER: LINDA DICKERSON. 5901 GATESHEAD DR.:. AUSTIN. 'IX 78145-3528
DEED OWNER: rn F.NNWOOD ENTERPRISES - 4056 NORTH DUCK arFJ5: RD. . CLEVELAND. TX 77327
LEGAL:
PARK liCENSE - rn RNN BROWN dba GLENNWOOD ENTERPRISES. POBOX 5309
PASADENA. 'IX77SOS
TR426B. W1J2 OF El12. LA PORTE Oun.oTS
OTHER:
-
OCCUPANCY TYPE: RESIDENCE. MOBILE HOME ZONING: ME
NON-CONFORMING ISSUES:
YES
SEWER:
GAS:
YES
YES
F AClLITlES AVAILABLE: . WATER.:
ELECI'RICAL:
YES
NO.OF DWELLlNG UNITS: 1
VACANT:
YES
OCCUPlED:
AS REQUlRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE vm, THE BOARD OF
- INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DE'IERldrnED THE
BUILDING LOCA'DID THEREON,lNTBEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE
FOllOWING REASONS: t
Sec. 82-473. Declaration of Public Nuisance and Hazard.
A. Dangerous or Substandard Buildinp or Structures.
A building or struc:ture shall be cODSidered daDgerous or substandard whenever it is
determined by the Board, that any or all of the foRowing is applicable:
L-l. A building 1hat is vacant, and is not up to cum:Dt building code standards. These vacant buildings
can be either open to trespass or boarded up;
L-2. Whenever any portion thereofbas been damaged by fire, earthquake. wind, flood., or by any other
cause to such an extent that the stmctural strength or stability thereof is materially less than it was before such
catastrophe and is less than the mitrimnm requirements of the building code for new buildings of similar structure,
purpose or location;
L-3. Whenever any portion or member or appwt=u...ace thereof is likely to WI, or to become detached
or dislodged, or to collapse and thereby injure persons or damage property;
L- 4. Whenever the building or st:ruci:uIe, or any portion thereof; because of (a) dilapidation,
deterioration, or decay; (b) fiwlty CODStruCtion; (c) the removal, movement or instability of any portion of the
ground necessary fur the pwpose of support:iDg 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 reasoII, the building or structme, or any portion thereof; is manifestly unsafe for
the purpose of which it is being used;
Dangerous Buildings Inspection F llIIIl
Page 2
L-6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or bas
become so dilapidated or deteriorated as to become (a) a public DUisance, (b) a harbor for vagrants, or as to (c)
enable persous to resort thereto for the purpose of con",~ill i"g unlawful acts;
L-7. Whenever a building or structure, used or iDtended to be used for dwelling purposes, because of
inadequate m"int"""nr-.e, dilapidation, decay, damage, faulty CODStIuction or ammgement, inadequate light, air, or
sanitation facilities, or ot:bcrwise, is determined by the Board to be l/1VU1nm.ry, unfit for human habitation or in
such a condition that is likely to cause sickness or disease; (VACANT/CLOSED UP FOR 1 YEAR)
L-S. Whenever any buililiDg or structme, because of obsolescence, dilapidated condition, deterioration,
damage, inadequate exits, lack of suflicient fire-resistive construction,..faulty electric wiring, gas connections, or
heating apparatus or other cause, is determined by the Board to be a fin: blrzard.;
B. Dangerous or substandard electrical, plumbing, or mechanical iDsta1lations.
A building or structUre shaD be considered d8JllerOus or substandard whenever it is determiDed 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 fail or function as originally
intended;
L-2. Whenever any installation or any portion thereofbecause of (a) dilapidation, deterioration, or
decay; (b) fiwlty 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 m..int..in...d
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 #2:
(NOT REF AlRABLE - RESIDENTIAL)
IN ACCORDANCE WITH TIm ClTY'S DANGEROUS BUILDING REGULATIONS AND TIm 2003 lNTERNATIONAL
RESIDENTIAL CODE. AS ADOPTED. AMENDED AND ENACTED BY CITY. ORDINANCE 104-2700 AND #96-2079-
B. USING THE REGULATIONS AND CODE AS ITS GUIDE. IT IS THE OPINION OF THE DANGEROUS BUILDING
INSPECTION BOARD THAT THIS BUILDING IS IN FACT DANGEROUS. BUT NOT REI' AIRABLE. AND SHOULD
BE DEMOT .T!;HFD. TInS BUILDING DOES NOT PROVIDE THE BASIC MINIMUM HOUSING STANDARDS
DEEMED ESSENTIAL FOR SAFE AND HEAL11lFUL LIVING FOR A RESIDENTIAL OCCUPANCY AND IS A
THREAT TOPUBUC SAFETY. HEALTH AND THE GENERAL WELFARE OF THE CITIZENS OF LA PORTE.
x~ ~ W~'1q) f{-/t)-~G
BUlLDING OFFICIAL'S OFFICE DATE
~~~
x WIN. j]~ lJ!lo#c,
FIRE CHIEFS OFFICE DATE
(;;O~
'DA
-~-----~
--------~ ------
Dange:raos Building Inspection FOIIIl Page 3
BUILDING EVALUATION CHECKLIST
A = Adequate D = Deficient NI A = Not Applicable
L STRUCTURAL COMMENT I EXPLANATION
A. Foundation
1. Slab HlA..-
2. Pier & Beam
a Footings L-
b.Sills HlA..-
c. Joists HlA..-
B. WaDs
1. Exterior
2. Interior L- ROTIED STUDS
c. Meaus of Egress
1. Doors
a Interior L- HOLES
b. Exterior L- FRAME ROTIED
2. Porclles, Steps,
Stairs L- MISSlNG RAn-S
3. Wmdows L- BROKEN GLASS
D. Roof
1. Rafters ~
2. Deck L- COLLASPED
E. Ceilings
1. Joists L- BROKEN
2. Ceiling L- FALLING IN
F. Floors L- FLOOR SPRlNGY. ROT. HOLES
G. Other ~
B. Plnmbing
1. Fixtures
a Sink
b. Lavatories
WaterlOosets
d. Shower
e Water Heater
2. Water Piping
3. Drain, Waste
&Veot
4. Sewer/Septic 1aDk
S. Gas System
C Heating & AlC
1. Heating
2. Air Conditioning
m. PROPERTY CONDmONS
1. Accessory StnJctIJreS HlA.-
2. Condition of Grounds L-
3. Other HlA.-
II. MEHCANICAL SYSTEMS
A. Electrical
1. Service Entrance
& Panel
2. Wuing
3. Lights, Switches
4. Outlets
5. Other
Comments:
UNK.
msK...-
L-
L-
HlA.-
HlA..-
L-
L-
UNK.
msK...-
UN!(
!lli.K..-
UN!(
UNK.
UNK.
HlA.-
UNABLE TO lNSPECT
UNABLE TO lNSPECT
UGHTS MISSlNG: WIRES EXPOSED
COVERS MISSlNG
MISSlNG
POOR CONDmON
UNABLE TO lNSPECT
UNABLE TO lNSPECT
UNABLE TO lNSPECT
UNABLE TO lNSPECT
UNABLE TO lNSPECT
UNABLE TO lNSPECT
UNABLE TO lNSPECT
S:\CPSbare\1NSPECTION DMSION\ALL OTHER STUFF\Code Eu1lJrcemeat\Dattg Buil<lingolD B INSP FORM 10911 N L ST#8doc07-2004 Rtv.
Potential Dangerous Building List
Swnmer 2006, Group 2
.t'ageo
15) 10911 North L Street, Trailer #8
(REMOVED BY OWNER 08/08/06; ABATED, NO ACTION BY CITY)
Zoning: MH
~: Dwelling (Mobile Home)
Legal: Tr. 426B, W. 'i1 ofE. 'i1; La Porte Outlots
HCAD: #023-140-000-0523
Tax Roll: Linda Dickerson - 5901 Gateshead Dr. - Austin, Tx 78745-3528
Deed: Glennwood Enterprises - 4056 North Duck Creek Rd. -
Cleveland, Tx 77327
Other: Glenn Brown dba Glennwood Enterprises - P. O. Box 5309
Pasadena, Tx 77508 (park License)
Taxes: None Owed
Mowing/Clean-up Liens: None Owed
VOLUNTARY CONSENT TO DEMOLISH
16) 10911 North L Street, Trailer #26
(REMOVED BY OWNER 08/08/06; ABATED, NO ACTION BY CITY)
Zoning: MH
Use: Dwelling (Mobile Home)
Legal: Tr. 426B, W. 'i1 ofE. 'i1; La Porte Outlots
HCAD: #023-140-000-0523
Tax Roll: Linda Dickerson - 5901 Gateshead Dr. - Austin, Tx 78745-3528
Deed: Glennwood Enterprises - 4056 North Duck Creek Rd. -
Cleveland, Tx 77327
Other: Glenn Brown dba Glennwood Enterprises - P. O. Box 5309
Pasadena, Tx 77508 (park License)
Taxes: None Owed
Mowing/Clean-up Liens: None Owed
VOLUNTARY CONSENT TO DEMOLISH
S:\City Planning Share\INSPECTION DMSION\ALL OTIffiR STIJFF\Code Enforcement\Dang Buildings\2006
Swnmer Group 2.doc
City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE: 6-21..{)6
STREET ADDRESS: I09Il NORTH L ST. #26
HCAD OWNER; LINDA DICKERSON - 5901 GATESHEAD DR.. AUSTIN. TX 78745-3528
-
DEED OWNER; rn :F.NNWOOD ENTERPRISES - 4056 NORTH DUCK CREEK. RD. -
CLEVELAND. TX 77327
O'IHER: PARK. UCENSE . GlENN BROWN dba GLENNWOOD ENTERPRISES. POBOX 5309
PASADENA TX77508
LEGAL:
~
TR426B. W1I2 OF Ela. LA PORTE OlJ11,OTS
OCCUPANCY TYPE: RESIDENCE - MOBILE HOME ZONlNG: MH
NON-CONFORMING ISSUES:
FAClLlTlESAVAn..ABLE: WATER:
YES
SEWER:
YES
ELECTRICAL:
YES
GAS:
YES
NO.OF DWELLING UNITS:
VACANT:
YES
OCCUPIED:
AS REQUIRED IN THE CITY'S CODE OF ORDIN"ANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF
INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DErERMINED THE
BUILDING 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 shaD be considered dangerous or substandard whenever it is
determined by the Board, that any or all of the foDowing is applicable:
L-l. A building that is vacant, and is not up to CUIreDt building code standards. These vacaut buildings
can be either open to trespass or boarded up;
L-2. Whenever any portion thereofbas been damaged by fire, earthquake, wind, flood. or by any other
cause to such an extent that the structural slrength or s1ability thereof is materially less than it was before such
catastrophe and is less than the m;n;m1JlD 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 thereot; because of (a) dilapidation,
deterioration, or decay; (b) fiwlty construction; (c) the removal, movemCDt 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 thereof; is manifestly unsafe for
the purpose of which it is being used;
Dangerous Buildings InspeCtion Fozm
Page 2
~6. Whenever the building or sttucture 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 vagrams, or as to (c)
enable persons to resort thereto for the pmpose of committing unlawful acts;
~ 7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of
inadequate ma.inteuaru:e, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or
sanitation facilities, or otherwise, is detennined by the Board to be lJ1]$ll111t>1ry, unfit for human habitation or in
such a condition that is likely to cause sickness or disease; (V ACANT/CLOSED UP FOR 1 YEAR)
~8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration,
damage, inadequate exits, lack of sufficient :fire-resistive constroction,Jaulty electric wiring, gas connections, or
heating appamtus or other cause, is determined by the Board to be a fire luttard;
B. Dangerous or substandard electrical, plumbing, or mechanical installations.
A building or structure shaD be considered dangerons or substandard whenever it is determined by
the Board, that any or all of the foOowing is applicable:
L-I. . 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 installation or any portion thereof because of (a) dilapidation, deterioration, or
decay; (b) fiwlty 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 mainrnit1ed
in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or
safety.
FINDlNGS AND CONCLUSIONS OF TIiE BOARD OF INSPECTION:
OPTION #2:
(NOT REF AIRABLE - RESIDENTIAL)
IN ACCORDANCE wrm TIiE CITY'S DANGEROUS BUllDING REGULATIONS AND 1HE 2003 OO'ERNATIONAL
RESIDENTIAL CODE. AS ADOPTED. AMENDED AND ENACIED BY CITY. ORDINANCE #04-2700 AND #96-2079-
B. USING TIiE REGULATIONS AND CODE AS ITS GUIDE. IT IS TIiE OPINION OF THE DANGEROUS BUllDING
INSPECI'IONBOARD THAT TInS BUILDING IS INFACf DANGEROUS. BUfNOT REPAIRABLE. AND SHOUID
BE DEMOLISHED. TEnS BUllDING DOES NOT PROVIDE TIiE BASIC MINIMUM HOUSlNG STANDARDS
DEEMED ESSENTIAL FOR SAFE AND HEALTHFUL LIVING FOR A RESIDENTIAL OCCUPANCY AND IS A
THREAT TO PUBUC SAFETY. HEAL'IH AND 1HE GENERAL waF ARE OF 1HE CITIZENS OF LA PORTE.
x~ ~ uJ:~~ 7~4-cf1
BUlLDlNG OFFICIAL'S OFFICE DATE
~c?~
x~g~ ~~6
~ S OFFICE DA
'1~G7~
DAtE
-----,~-~~- - - ~ ~-
Dangerous Building lnspec1ion Fonn
A = Adequate
1 STRUCTURAL
A. Fouadation
1. Slab
2. Pier &. Beam
a. Footings
b.Sills
c. Joists
B. WaDs
1. Exrerior
2. Interior
C MeaDs ofEgreu
1. Doors
a. lDterior
b. Exterior
2. Porc8es, Steps,
Stairs
3. Wmdaws
D. .Roof
1. Rafters
2. Deck, shingles
Eo Ceilings
1. Joists
2. Ceiling
F. F'loon
G. Other
IT. MEHCANICAL SYSTEMS
A. Electrical
1. Service Entrance
&. Panel
2. WuiDg
3. Ligbts, Switches
4. Outlets
5. Other
COJDJDeIlt5:
Page 3
D = Deficient
BUILDING EVALUATION CBEcra .~T
&L-
1L-
&L-
HLA-
1L-
1L-
1L-
1L-
1L-
N/A
UNK
UNK
1L-
1L-
HLL-
1L-
UNK
1L-
UNK
~
~
~
UNK
~
1L-
UNK.
~
UNK
UNK
UNK.
HLL-
Nf A = Not Applicable
COMMENT I EXPLANATION
NONE (TR,6.. TT .F:R. ON WHEELS)
~
HOLES. SIDING MISSIN~
ROTI'ED STUDS
MISSING.FRAME ROTI'ED
MISSING AT BOTH DOORS
MISSING. ROT AT FRAME
UNABLE TO INSPECT
UNABLE TO INSPECT
VISmLE LEAKS
ROT. HOLES
NOT TO CODE
UNABLE TO lNSPECT
EXT.ERIOR LIGHT HANGING
UNABLE TO INSPECf
UNABLE TO lNSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UN.ART.R TO INSPECT
UNLEVEI.: nLEGAL HOOK-UP
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
B. Plumbing
1. r1Xlmes
a. Sink
b. Lavatories
WatcrlOosets
d Sbowerffub
e WaterHeater
2. Water Piping
3. Drain, Waste
&'Vent
4. SewerlSeptic lank
5. Gas System
C HestiDg & AlC
1. Heating
2. Air ConditiODing
m. PROPERTY CONDmONS
1. Accessory Structures N/A
2. Condition of Grounds L-
3. Other ~
S:\CPShare\INSPECTION DMSION\AIL OTHER STUFF\Code Enfilrcemont\Dlmg BuildingsID B INSP FORM 10911 N L ST#26d0c07-2004 Rev.
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Bude:et
Requested By:
Source of Funds:
Department:
Police
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
Exhibits:
Resolution Opposing County Medical
Examiner's Office Fees for Services
Amount Requested:
Exhibits:
Budgeted Item: YES NO
p;J- O~ ~~
Exhibits
SUMMARY & RECOMMENDATION
Consider for action a Resolution of the City Council opposing the possible implementation of charges for
services rendered by the Harris County Medical Examiner's Office asking that a more thoughtful and
inclusive process regarding the possible implementation of such charges; and that the City Council feels
that the implementation of such fees result to "double billing" as La Porte residents pay County taxes.
"
Action Required bv Council:
Pass Resolution opposing fees for services.
2 "-;;(d-. -0 0
Date
RESOLUTION NO. 2006-Jb
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS
OPPOSING THE IMPLEMENTATION OF CHARGES FOR SERVICES RENDERED BY
THE HARRIS COUNTY MEDICAL EXAMINER'S OFFICE.
WHEREAS, On May 18, 2006 the Harris County Medical Examiner notified the
City of La Porte by written correspondence that the Medical Examiner's office would begin billing
for requested laboratory services; and,
WHEREAS, services rendered by the Medical Examiner's office have historically
been furnished at no additional cost, similar to other County taxpayer supported services such as the
District Attorney's Office, The County and District Court system, the County Jail system, etc; and,
WHEREAS, incorporated cities in Harris County and other police agencies were
never consulted prior to the announcement of this fee; and,
WHEREAS, the proposed fee schedule amounts to "double billing" for services, in
that the residents of La Porte participate mightily in the ad-valorem taxation of Harris County
residents; and,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
City Council stands firmly opposed to any such fee that amounts to a double-taxation
of city residents.
City Council fmds it particularly egregious that such fees were presented as a fait-
accompli without due consultation and consideration of those agencies most directly impacted by
their implementation; and, that these actions were taken with little or no planning or regard for long
term consequences on the part of Harris County.
City Council recognizes and appreciates the decision that was reached to delay
charging fees, as they were originally to be implemented June 1, 2006; and that the further
consideration regarding the charging of such fees should be with consultation and consideration of
those agencies directly impacted by such an implementation offees.
City Council believes that the implementation of such fees will have a chilling effect
on Medical Examiner service requests, resulting in a more lengthy and problematic prosecutions,
which in turn will result in more crime countywide.
The City of La Porte requests Harris County to not implement the program of
charging fees for Medical Examiner services, and that a more thoughtful and inclusive process
regarding this matter be followed, going forward.
PASSED AND APPROVED on this the
day of
, A.D., 2006.
CITY OF LA PORTE
Alton E. Porter, Mayor
ATTEST:
Martha Gillett
City Secretary
!1-t5o/Gt--!(o0
fJ of jJlf55~d .
C~ I e -f R~-f--f
{J)'rt01fJ -h
6t nd )ffltf
Luis A. Sanchez, M.D.
Chief Medical Examiner
(713) 796-9292
FAX: (713) 796-6844
JOSEPH A. JACHIMCZVK FORENSIC CENTER
May 11,2006
Richard Reff
Chief of Police
La Porte Police Department
915 South 8th Street
LaPorte, TX 77571
RECEIVID
MAY 18 ZOP6
ClllIW6Qmce
Re: Laboratory Billing
". .J. . ... .~_ ""_ .~.
Dear Chief,
Effective June 1, 2006, the Harris Comity Medical Examiner's Office will begin billing
for requested laboratory services. In the past, we have not billed for all services
rendered; however, in an effort to recover some of our operating costs, we must begin
charging for all analyzed cases. This payment must be made prior to or at the time of the
release of the final report of analysis.
Attached is the Harris County Medical Examiner's Office fee schedule approved by
Commissioners Court on April 4, 2006. These rates will be applied to the various testing
and services rendered by our Forensic Crime Laboratory. Our forensic laboratories
maintain the highest standards to ensure quality in all its processes as evidenced by our
accreditations by the Department of Public Safety (DPS), the American Society of Crime
Laboratory DirectorslLaboratory Accreditation Board (ASCLD/LAB) and the American
Board of Forensic Toxicology (ABFT).
If you have questions, contact me at (713) 796-6727.
Sincerely,
;'i V ./7 l./'J, L
,)t)kl-~-t..C r.. I~! ~.CL' ..-
Laura L. Bydalek, CPA
Business Manager
LLB/lb
Enclosures (1)
1885 Old Spanish Trail, Houston, Texas 77054
www.co.harris.tx.us/me
Luis A. Sanchez, M.D.
Chief Medical Examiner
JOSEPH A. JACHIMCZYK FORENSIC CENTER
FEE SCHEDULE
Effective Mav 1. 2006
(713) 796-9292
FAX: (713) 796-6844
Professional Time
Expert Witness/Consultation - Lab & Other ME Staff (fixed fee for
preparation time plus an hourly rate for travel & witness/consult time)
Case
Case
Da
Slide
Slide
Pa e
Each
Document
Print
Print
Film
Hour
1885 Old Spanish Trail, Houston, Texas 77054
www.co.harris.tx.us/me
Houri
Houri
Test
Test
Test
Test
Test
Test
Test
$90
$19
$110
$115
$35
$4
$4
$95
$13
Prepared by OBM
Approved 04/04/06
Page 1 of 2
Luis A. Sanchez, M.D.
Chief Medical Examiner
(713) 796-9292
FAX: (713) 796-684~
JOSEPH A. JACHIMCZVK FORENSIC CENTER
FEE SCHEDULE
Effective Mav 1. 2006
Heads ace
GCMS
ELISA
LC/MS/MS
HPLC
Dru Facilitated Sexual Assault
SIDS
DUI - Urine
DUI - Blood
Forensic Urine Dru
Post Mortem
Test
Test
Test
Test
Test
Case
Case
Case
Case
Case
Case
Trace Evidence
Gun Shot Residue
Hair Com arison
Trace Evidence Collection
Trace Evidence Collection
Stub
Hour
Case
Case
$195
$175
$310
$620
Controlled Substance
Mari"uana Exhibit
Chemical Exhibit
Exhibit
Exhibit
$90
$115
Kit
Exhibit
Exhibit
Swab
Test
Case
Card
$790
$235
$1,175
$60
$74
$740
$20
Month
Case
Hour
Case
$35
$80
$55
$500
1885 Old Spanish Trail, Houston, Texas 77054
Prepared by OBM
Approved 04104106
Page 2 of 2
www.co.harris.tx.us/me
Luis A. Sanchez, M.D.
Chief Medical Examiner
(713) 796-9292
FAX: (713) 796-6844
JOSEPH A. JACHIMCZYK FORENSIC CENTER
June 12,2006
Richard Reff
Chief of Police
La Porte Police Department
915 South 8th Street
LaPorte, Texas 77571
lR ~ft'lJf't1,It.
J,I:JN.1 D 20Qfs '
'lif/PfNIIMk
:... ~
RE: Laboratory Billing
Dear Chief,
The effective date for billing of requested laboratory services by the Harris County Medical
Examiner's Office has been changed to September 1, 2006. The fee schedule rates relate to
evidence submitted to the crime laboratory beginning Friday, September I, 2006.
An Interlocal Agreement (ILA) for the performance of laboratory analysis services by the Office
of the Harris County Medical Examiner is available to your agency. The ILA will not require a
certification of funds. The ILA will allow for your agency to be invoiced for services provided on
a monthly basis. Another payment option is for your agency to issue a Purchase Order to the
Harris County Medical Examiner's Office. Please contact me to discuss these options.
Requested laboratory services performed by the Harris County Medical Examiner's Office will
consi~t. of the testing and analysis of evidence submitted by your agency. These include
toxicology, trace, controlled substance and DNA. The fees for these services are shown on our fee
schedule for Law Enforcement. Evidence pickup is expected at the time of the release of the final
report. Payment for services provided are expected at this time unless other payment
arrangements such as an ILA or purchase order have been established.
We wish to extend a personal invitation to your agency to meet with me and the Crime
Laboratory Director to discuss any concerns regarding laboratory services.
If you have any questions, contact me at (713) 796-6727.
Sincerely,
'7f;w u-.;f t5L/~
Laura L. Bydalek, CPA
Business Manager
Cc: Luis A. Sanchez, M.D.
Ashraf Mozayani, Ph.D.
Mary Daniels
1885 Old Spanish Trail, Houston, Texas 77054
www.co.harris.tx.us/me
Luis A. Sanchez, M.D.
Chief Medical Examiner
JOSEPH A. JACHIMCZYK FORENSIC CENTER
FEE SCHEDULE
Effective September 1. 2006
(713) 796-9292
FAX: (713) 796-6844
Test
Test
Test
Test
Test
Test
Test
Test
Test
Test
Test
Test
Case
Case
Case
Case
Trace Evidence
Gun Shot Residue
Hair Com arison
Trace Evidence Collection
Trace Evidence Collection
Stub
Hour
Case
Case
Controlled Substance
Mari"uana Exhibit
Chemical Exhibit
Exhibit
Exhibit
1885 Old Spanish Trail, Houston, Texas 77054
www.co.harris.tx.us/me
$19
$175
$310
$620
$9
$115
Prepared by OBM
Approved 04/04/06
Page 1 of 2
Luis A. Sanchez, M.D.
Chief Medical Examiner
(713) 796-9292
FAX: (713) 796-6844
JOSEPH A. JACHIMCZYK FORENSIC CENTER
FEE SCHEDULE
Effective September 1. 2006
Kit
Exhibit
Exhibit
Swab
Test
Case
Card
$790
$235
$1,175
$60
$740
$740
$20
Month
Case
$35
$80
1885 Old Spanish Trail, Houston, Texas 77054
Prepared by OBM
Approved 04104106
Page 2 of 2
www.co.harris.tx.us/me
Luis A. Sanchez, M.D.
Chief Medical Examiner
(713) 796-9292
FAX: (713) 796-6844
JOSEPH A. JACHIMCZYK FORENSIC CENTER
July 28, 2006
Richard Reff
Chief of Police
La Porte Police Department
915 South 8th Street
LaPorte, Texas 77571
RE: Laboratory Fees
Dear Chief,
Please be advised that on July 25, 2006 the Harris County Commissioners Court deferred
the implementation of the forensic laboratory analysis fee schedule until its Mid- Year
Budget Review Meeting. Therefore the fee schedule will not go into effect on September
1, 2006 and remains on hold until further notice.
We regret any misunderstanding concerning this matter.
Sincerely,
~y~Jlt~
Business Manager
cc: Luis A. Sanchez, M.D.
Ashraf Mozayani, Ph. D.
Mary E. Daniels
RECEIVED
,II (' ,i' )fH1Fi
.~ '..' ~- . -.,' }
CHIEF'S OFFICE
1885 Old Spanish Trail, Houston, Texas n054
www.co.harrls.tx.uslme
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: AUl!ust 28. 2006
Requested By: wy~ ~
Appropriation
Source of Funds: 043
Department: PblRRiRg
Account Number 043-9892-911-1100
Report:
Resolution:
Ordinance:
x
Amount Budgeted: $971,962
Exhibits: Ordinance
Amount Requested: $1,125,877
Exhibits: Bid Tabulation
Budgeted Item: Yes
Exhibits
SUMMARY & RECOMMENDATION
Sealed bids were received from pre-qualified contractors on August 8, 2006, for the repair,
renovation and the addition to the proposed EMS Center. Twenty (20) contractors pre-qualified
under the terms of Section 2-106 of the City's Code of Ordinances. Four bidders attended the
mandatory Pre-bid Conference, and four turned in bids. The low bid was submitted by L & M
Contractors, Inc at $913,487. A seven percent (7%) contingency of $63,944 is also
recommended in lieu of the standard 5% to cover the additional unforeseen conditions generally
associated with renovation projects for a total construction cost of $977,431.
The total project has come in over budget by the amount of $153,915. The construction cost of
$977,431 plus the ancillary project costs (design; geotechnical testing; permits and etc.) totaling
$148,446 equals a total project cost of $1,125,877. The total project cost exceeds the budgeted
amount of$971,962 by $153,915.
Note: The base bid includes the "repair" of the existing roof at a cost of$160,413.
Action Required bv Council: To consider approval of an Ordinance authorizing the City Manager to
execute a contract with L & M Contractors, Inc. for the Renovation and Addition to the City of La Porte
EMS Center for a net cost of $913,487.00 and to establish a seven percent (7%) contingency of $63,944
and to authorize the City Manager to increase the budget by $153,915.00.
~ IwJ1fTCVl~)lJtJnu rAVAa--G ~'
Approved for City Council A!!enda
~~v JJ~u~
e ra Feazelle, City Manager
9-cQ.~-{)~
Date
ORDINANCE NO. 2006- c2-.c.; 't.
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT
BETWEEN THE CITY OF LA PORTE AND L & M CONTRACTORS, INC. FOR
THE RENOVATION & ADDITION TO THE CITY OF LA PORTE EMS
CENTER, APPROPRIATING $913,487 PLUS A CONTINGENCY OF $63,944.00,
TO FUND SAID CONTRACT, MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
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 aU related documents on behalf of the City of La Porte. The
City Secretary is hereby authorized to attest to aU such signatures and to affix the seal of
the City to all such documents. City Council appropriates the sum of$913,487.00 plus a
contingency of $63,944, from Fund 43.
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.
2
Section 3. This Ordinance shall be effective from and after its passage and
approval, and it is so ordered.
PASSED AND APPROVED, THIJJi!:DAY OF~ 2006.
CITY OF LA PORTE
~[\2-h:-
By:
Alton E. Porter, Mayor
ATTEST:
vf{Jf4j.,t(. ({.JlI
. artha Gillett, Cl Secretary
z;zA . .
T ~ +nr
Knox W. Askins, City Attorney ~y Vf/; /}J~
RAY AND HOLLINGTON ARCHITECTS
4916 main street suite 100
houston texas 77002
v:713.524.6131 1:713.630.1005
inlo@RHArchitects.com
La Porte EMS Renovation & Addition
08 August, 2006
Bidder Bid Amount Bid Bond ADD 1+2 Days Exceptions
Camarata & Perry Commercial LLC $1,022,000 Yes Yes 275 Yes
Hull & Hull, Inc. $1,057,439 Yes Yes 250 None
L&M Contractors, Inc. $913,487 Yes Yes 180 None
JC Stonewall Constructors LP $1,129,000 Yes Yes 240 None
-4AIX Document A10f' -1997
Standard Form of Agreement Between Owner and Contractor
where the basis of payment is a STlPULA TED SUM
AGREEMENT made as of the Seventh . day of September in the year of Two Thousand and Six
(In words, indicate day, month and year)
BETWEEN the Owner:
(Name, address and other information)
City of La Porte
604 Fairmont Parkway
La Porte, Texas 77571
ADDI110NS AND DELETIONS:
The author of this document has
added information needed for Its
compretion. The author may also
have revised the text of the
origihaI AJA standard form. An
Additions and Deletions Report
that notes added information as
wen as revisions to the standard
form text is available from the
author and should be reviewed.
A vertical line in the left margin of
this document Incicates where
the author has added necessary
information and where the author
has added to or deleted from the
original AlA text.
This document has important
legal consequences.
_ Consultation with an attorney
is encooraged with respect to
its completion or modification.
AfA DocumentA201-1997,
General Conditions of the
Contract for Construction, is
adopted in this OOcument by
reference. Do not use with other
general conditions unless this
document Is modified.
This document has been
apprO'tled and endorsed by The
Associated General Contractors
of America.
and the Contractor:
(Name. address and other information)
I L&M Contractors, Inc.
530 South Broadway
LaPorte. Texas 77571
The Project is:
(Name and location)
Renovation & Addition to.City of La Porte EMS Center
10428 Spencer Highway
LaPorte. Texas
The Architect is:
(Name, address and other information)
Ray + Hollington Architects. Inc.
4916 Main Street, Suite 100
Houston, Texas 77002
The Owner and Contractor agree as fonows.
AlA Document A101111-1997. Copyright @1915, 1918, 1925, 1937,1951 1958, 1961, 1963, 1967, 1974, 1977,1980,1987,1991 and 1997 by The
American Institute 01 An::hitects. All rtghts reserved. WARNING: This AlA- Document Is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlAe Document, or any portion 01 It, may result In severe clvD and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This cIocument was produced by AlA software at 11 :22;08 on 09I08J2006 under Order
No.1000222905_1 which expires on 2/20/2007, and is not for resale.
User Notes: (2720240725)
1
ARTIClE 1 THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other
Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed
in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as
fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire
and integrated agreement betWeen the parties hereto and supersedes prior negotiations, representations or
agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in
Article 8.
ARTICLE 2 THE WORK OF THIS CONTRACT
The Contractor shan fully execute the Work described in the Contract Documents, except to the extent specifically
indicated in the Contract Documents to be the responsibility of others.
ARTIClE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
~ 3.1 The date of commencement of the Wark shall be the date of this Agreement unless a different date is stated
below or provision is made for the date to be fixed in a notice to proceed issued by the Owner.
The date of commencement of the work is to be established by a Notice to Proceed issued by the owner.
53.2 The Contract Time shall be measured from the date of commencement.
5 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than 180 days from the date
of commencement, or as follows: .
(Paragraphs deleted)
, subject to adjustments of this Contract Time as provided in the Contract Documents.
(insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus payments for
early completion of the Work.)
For failure to achieve substantial completion the owner may retain the sum of $1,000.00 for each calendar day that
the work remaimo uncompleted.
ARTIClE 4 CONTRACT SUM
~ 4.1 The Owner shall pay the Contractor the O:>ntract Sum in current funds for the Contractor's performance of the
Contract. The Contract Sum shall be nine hundred thirteen thousand four hundred eighty-seven dollars ($
913,487.00 ), subject to additions and deductions as provided in the Contract Documents.
S 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract
Documents and are hereby accepted by the Owner:
(State the numbers or other identification of accepted alternates. if decisions on other alternates are to be made by
the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the
amount for each and the date when that amaunt expires)
No alternates are included.
5: 4.3 Unit prices, if any, are as follows:
Description
Additional concrete with reinforcing
Units
Cubic yard
Price ($ 0.00)
$150.00
ARTICLE 5 PAYMENTS
fi 5.1 PROGRESS PAYMENTS
~ 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for
Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the
Contractor as provided below and elsewhere in the Contract Documents.
AlA Document A101111-1907. Copyright Cl1915, 1918,1925, 1937, 1951, 1958,1961,1963,1967,1974,1977,1980,1987,1991 and 1997 by The
American Inslilute of Archilecls. All rights reserved. WARNING: This AlA Document Is protected by U.S. Copyright Law and International Treaties. 2
Unauthorized reproduction or dIstribution of this AlA" Document, or any portion of It, may result In severe clvU and criminal penaltIes, and will be
prosecuted to the maximum extent possible under the law. This cIocument wa$ produced by AlA software at 11 :22:08 on 0910812006 under Order
No.1000222905_1 which expires on 2!2J)12007, and is n(Il for resale.
User Noles: (2720240125)
i 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of
the month.
i 5.1.3 Provided that an Application for Payment is received by the Architect not later than the fifth day of a
month, the Owner shall make payment to the Contractor not later than the twenty-fifth day of the same month.
If an Application for Payment is received by the Architect after the application date fixed above, payment shall be
made by the Owner not later than twenty (20 ) days after the Architect receives the Application for
Payment.
i 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the
Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract
Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported
by such data to substantiate its accuracy as the Architect may require. ~ schedule, unless objected to by the
Architect, shall be used asa basis for reviewing the Contractor's Applications for Payment
i 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Wode as of the
end of the period covered by the Application for Payment.
i 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be
computed as follows:
.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by
multiplying the percentage completion of each portion of the Wode by the share of the Contract Sum
allocated to that portion of the Work in the schedule of values, less retainage of five percent (
5% ). Pending final determination of cost to the Owner of changes in the Worlc, amounts not in
dispute shall be included as provided in Section 7.3.8 of AlA Document A201-1997;
.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and
suitably stored at the site for subsequent incorporation in the completed construction (or, if approved
in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less
retainage of five percent (5% );
.3 Subtract the aggregate of previous payments made by the Owner; and
.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment
as provided in Section 9.5 of AlA Document A201-1997.
i 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under
the following circumstances:
.1 Add. upon Substantial Completion of the Worlc, a sum sufficient to increase the total payments to the
full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete
Work. retainage applicable to such work and unsettled claims; and
(Paragraph deleted)
.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the
Contractor, any additional amounts payable in accordance with Section 9.10.3 of AlA Document
A201-1997.
i 5.1.8 Reduction or limitation of retainage, if any, shall be as follows:
(If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from
the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract
Documents, insert here provisions for such reduction or limitation.)
AlA DocumentA101T11-1997.CClPyrlght <<:11915,1918, 1925, 1937,1951 1958, 1961,1963, 1967, 1974, 19n, 1980, 1987, 1991 and 1997 by The
American fnsljfu1e Ol Architects. All rights reserved. WARNING: This AIA<< Document Is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA" Document, or any portion Ollt, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 11 :22:08 on 0910812006 under Order
No. t 000222905_1 which expires on 2I2Ofl.OO7, and is not for resale.
User Nares: (2720240725)
3
At the discretion of the Owner.
f 5.1.9 Except with the Owner's prior approval. the Contractor shall not make advance payments to suppliers for
materials or equipment which have not been d~livered and stored at the site.
15.2 FINAL PAYMENT
S 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum. shall be made by the Owner to the
Contractor when:
.1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct
Work: as provided in Section 12.2.2 of AlA Document A201-1997, and to satisfy other requirements,
if any, which extend beyond final payment; and
.2 a final Certificate for Payment has been issued by the Architect
i 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the
Architect's final Certificate for Payment.
ARTICLE 6 TERMINATION OR SUSPENSION
i 6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AlA Document
A201-1997.
f 6.2 The Work may be suspended by the Owner as provided in Article 14 of AlA Document A201-1997.
ARTlCLE7 MISCELLANEOUS PROVISIONS
17.1 Where reference is made in this Agreement to a provision of AlA Document A201-1997 or another Contract
Document, the reference refers to that pFovision as amended or supplemented by other provisions of the Contract
Documents.
17.2 Payments due and u:npaid under the Contract shall bear interest from the date payment is due at the rate stated
below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project IS
located.
(Paragraphs deleted)
1 7.3 The Owner's representative is:
(Name, address and other information)
Mr. Reagan McPhail
City of La Porte
604 Fairmant Parkway
La Porte. Texas 77571
17.4 The Contractor's representative is:
(Name, address and other information)
Mr. Ronnie Moore
L&M Contractors, Inc.
530 South Broadway
La Porte. Texas 77571
AlA Document A101111-19S17. Copyright C 1915. 1918, 1925. 1937. 1951i 1958, 1961, 1963, 1967,1974, 19n. 1980. 1987, 1991 and 1997 by The
American 1nsti1ule of Architects. All rights reserved. WARNING: This AlA Document Is protected by U.S. Copyright Law and International Treaties. 4
Unauthorized reproduction or dIstribution of this AlA" Document, or any portion of It, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This cIocurnent was produced by AlA software 8111:22:08 on 09/08(2006 under Order
No.1000222905_1 which expires on 2/20/2007, and is notfor resale.
u.r Notes: (2720240725)
~ 7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the
other party.
(Paragraph deleted)
ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS
~ 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as
follows:
~ 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and
Contractor, AlA Document AlOl-1997.
~ 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AlA
Document A20l-1997.
~ 8. 1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated 17
July 2006 , and are as follows
Document
Division 00800
Title
Supplementary Conditions
Pages
I -18
! 8.1.4 The Specifications are those contained in the Project Manual dated as in Section 8.1.3, and are as follows:
(Either list the Specifications here or refer to an exhibit attached to this Agreement.)
Title of Specifications exhibit: Attachment A
i 8.1.5 The Drawings are as follows, and are dated 17 July 2006 unless a different date is shown below:
(Paragraph deleted)
Re: Exhibit B (attached)
(Paragraph deleted)
f 8.1.6 The Addenda, if any, are as follows:
Number
01
02
Date
02 August 2006
07 August 2006
Pages
2
2
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding
requirements are also enumerated in this Article 8.
f 8.1.7 Other documents, if any. forming part of the Contract Documents are as follows:
(list here any additional documents that are intended to form part of the Contract Documents. ALA Document A201-
1997 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample
forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They
should be listed here only if intended to be part of the Contract Documents.)
AlA Document A101T11-1997.COpyrlght C 1915,1918,1925, 1937, 1951 1958. 1961, 1963, 1967, 1974, 1977,1980,1987,1991 and 1997 by The
American Instilute of Architects. All rights reserwd. WARNING: This AlAe Document Is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlAe Document, or any portion of It, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 11:22:08 on 09/0812006 under Order
No.1oo0222905_1 which expires on 2/20/2007, and is not lor resale.
User Notes: (2720240725)
5
This Agreement is entered into as of the day and year first written above and is executed in at least three original
copies, of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the
Contract, and the remainder to the oW"jer./,
"\ ~ ') . ' f, ,
I {' ,t ," / ___ '
J ' {J./ / fI, /j},~
VVNER (Signature)
erf,:ckfl f
AlA Document Al0ll11-1GG7. Copyright C 1915, 1918, 1925, 1937, 1951 1958, 1961,1963, 1967, 1974, 19n, 1980, 1987,1991 and 1997 by The
American Institute of Architee1S. All rfghts reserwd. WARNING: This AIAi/ Document Is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA" Document, or any portion of It, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 11:22:08 on 0910812006 under Order
No.1 000222905_1 which expires on 212012007, and is not for resale.
User Notes: (2720240725)
6
La Porte EMS Renovation
La Porte, TX
RHA 0560
TABLE OF CONTENTS
TB-1
IDivision Section Title
Pagesl
CONTRACT REQUIREMENTS
DIVISION 0 - DOCUMENTS
00020 REQUEST FOR COMPETITIVE SEALED PROPOSALS
00100 INSTRUCTIONS TO BIDDERS
00300 BID FORMS
00500 AGREEMENT FORMS
00610 PERFORMANCE BONDS
00620 PAYMENT BONDS
00700 GENERAL CONDITIONS
00800 SUPPLEMENTARY CONDITIONS
00900 CITY OF LA PORTE PREVAILING WAGE RATE DETERMINATIONS
3
1
3
1
3
3
1
19
4
SPECIFICATION REQUIREMENTS
DIVISION 1 - GENERAL REQUIREMENTS
01010
01020
01025
01250
01290
01310
01320
01330
01400
01410
01420
01500
01565
01566
01567
01568
01600
01700
01731
01740
01770
01781
SUMMARY OF WORK
ALLOWANCES
MEASUREMENT AND PAYMENT
CONTRACT MODIFICATION PROCEDURES
PAYMENT PROCEDURES
PROJECT MANAGEMENT AND COORDINATION
CONSTRUCTION PROGRESS DOCUMENTATION
SUBMITTAL PROCEDURES
QUALITY REQUIREMENTS
TESTING LABORATORY SERVICES
REFERENCES
TEMPORARY FACILITIES AND CONTROLS
NPDES REQUIREMENTS
SOURCE CONTROLS FOR EROSION AND SEDIMENTATION
FILTER FABRIC FENCE
REINFORCED FABRIC FILTER BARRIER
PRODUCT REQUIREMENTS
EXECUTION REQUIREMENTS
CUTTING AND PATCHING
WARRANTIES
CLOSEOUT PROCEDURES
PROJECT RECORD DOCUMENTS
5
2
2
2
4
5
6
8
1
2
14
6
2
3
3
3
6
5
4
3
5
3
(
I
TABLE OF CONTENTS
La Porte EMS Renovation
La Porte, TX
RHA 0560
TB-1
Pagesl
IDivision Section Title
CONTRACT REQUIREMENTS
DIVISION 0 - DOCUMENTS
00020 REQUEST FOR COMPETITIVE SEALED PROPOSALS
00100 INSTRUCTIONS TO BIDDERS
00300 BID FORMS
00500 AGREEMENT FORMS
00610 PERFORMANCE BONDS
00620 PAYMENT BONDS
0070'0 GENERAL CONDITIONS
00'800 SUPPLEMENTARY CONDITIONS
0'0900 CITY OF LA PORTE PREVAILING WAGE RATE DETERMINATIONS
3
1
3
1
3
3
1
19
4
SPECIFICATION REQUIREMENTS
DIVISION 1 - GENERAL REQUIREMENTS
01010
01020
0'1025
01250'
0'1290
01310
01320'
01330'
0'140'0'
0'1410'
0'1420
0'150'0
01565
01566
0'1567
0'1568
0160'0'
0170'0'
01731
01740'
01770'
01781
SUMMARY OF WORK
ALLOWANCES
MEASUREMENT AND PAYMENT
CONTRACT MODIFICATION PROCEDURES
PAYMENT PROCEDURES
PROJECT MANAGEMENT AND COORDINATION
CONSTRUCTION PROGRESS DOCUMENTATION
SUBMITTAL PROCEDURES
QUALITY REQUIREMENTS
TESTING LABORATORY SERVICES
REFERENCES
TEMPORARY FACILITIES AND CONTROLS
NPDES REQUIREMENTS
SOURCE CONTROLS FOR EROSION AND SEDIMENTATION
FILTER FABRIC FENCE
REINFORCED FABRIC FfL TER BARRIER
PRODUCT REQUIREMENTS
EXECUTION REQUIREMENTS
CUTTING AND PATCHING
WARRANTIES
CLOSEOUT PROCEDURES
PROJECT RECORD DOCUMENTS
5
2
2
2
4
5
6
8
1
2
14
6
2
3
3
3
6
5
4
3
5
3
La Porte EMS Renovation
La Porte, TX
RHA 0560
TABLE OF CONTENTS
TB-2
01782 OPERATION AND MAINTENANCE DATA
01820 DEMONSTRATION AND TRAINING
5
4
4
3
4
10
7
5
11
4
13
17 . /
\
~--
10
6
6
6
2
2
2
8
3
2
3
DIVISION 2 - SITE WORK
02230 SITE CLEARING
02240 DEWATERING
02260 EXCAVATION SUPPORT AND PROTECTION
02300 EARTHWORK
02466 DRILLED PIERS
02600 SITE UTILITY PIPING
02751 CEMENT CONCRETE PAVEMENT
02764 PAVEMENT JOINT SEALANTS
DIVISION 3 - CONCRETE-
. .
03300 CAST IN PLACE CONCRETE
DIVISION 4 - MASONRY
04810 UNIT MASONRY ASSEMBLIES
DIVISION 5 - METALS
05500 METAL FABRICATIONS
DIVISION 6 - WOOD AND PLASTICS
06100 ROUGH CARPENTRY
06403 PLASTIC LAMINATE ARCHITECTURAL WOODWORK
06610 SOLID SURFACING FABRICATIONS
DIVISION 7 - THERMAL AND MOISTURE PROTECTION
07160 BITUMINOUS DAMPPROOFING
07190 VAPOR RETARDER
07210 BUILDING INSULATION
07610 METAL ROOFING
07620 SHEET METAL FLASHING AND TRIM
07650 FLEXIBLE FLASHING
07920 JOINT SEALANTS
DIVISION 8 - DOORS AND WINDOWS
08110 STEEL DOORS AND FRAMES
08212 PLASTIC FACED DOORS
08311 . ACCESS DOORS AND FRAMES
08361 SECTIONAL DOORS
08411 ALUMINUM-FRAMED ENTRANCES AND STOREFRONTS
08710 FINISH HARDWARE
08711 DOOR HARDWARE
08810 GLAZING
4
3
2
7
10
11
9
4
La Porte EMS Renovation
La Porte, TX
RHA 0560
TABLE OF CONTENTS
TB-3
DIVISION 9 - FINISHES
09205 FURRING AND LATHING
09220 PORTLAND CEMENT PLASTER
09260 GYPSUM BOARD
09310 CERAMIC TILE
09512 ACOUSTICAL TILE CEILING
09660 RESILIENT TILE FLOORING
09678 RESILIENT WALL BASE AND ACCESSORIES
09685 CARPET AND CARPET TILE
09912 PAINTING
09920 EXTERIOR MASONRY COATINGS
DIVISION 10- SPECIALTIES
10200 LOUVERS AND VENTS
10522 FIRE EXTINGUISHERS, CABINETS AND ACCESSORIES
10801 TOILET ACCESSORIES
DIVISION 11 - EQUIPMENT
11451 RESIDENTIAL APPLIANCES
DIVISION 12 - FURNISHINGS
12491 HORIZONTAL LOUVER BLINDS
DIVISION 13 - SPECIAL CONSTRUCTION
NOT USED
DIVISION 14 - CONVEYING SYSTEMS
NOT USED
DIVISION 15 - MECHANICAL
15010 BASIC MATERIALS AND METHODS
15011 SUBMITTALS .
15012 OPERATION AND MAINTENANCE MANUALS
15030 TESTING
15140 SUPPORTS AND ANCHORS
15190 MECHANICAL IDENTIFICATION
15242 VIBRATION ISOLATION
15260 PIPING INSULATION
15290 DUCTWORK INSULATION
15412 DOMESTIC WATER AND SANITARY DRAIN PIPING
15430 PLUMBING SPECIALTIES
15440 PLUMBING FIXTURES
3
3
5
9
3
3
3
5
6
1
3
4
5
6
3
1
3
4
3
3
4
5
5
4
3
La Porte EMS Renovation
La Porte, TX
RHA 0560
TABLE OF CONTENTS
TB-4 '
15450 PLUMBING EQUIPMENT
15530 REFRIGERANT PIPING
15540 AIR COOLED CONDENSING UNITS
15550 DX AIR HANDLING UNITS
15860 FANS
15881 AIR DISTIBUTION EQUIPMENT
15885 AIR FILTERS
15890 DUCTWORK
15910 DUCTWORK ACCESSORIES
15951 CONTROLS
15990 TESTING, ADJUSTING, AND BALANCING
2
2
2
2
1
1
1
3
4
2
5
DIVISION 16 - ELECTRICAL
1601'0 BASIC MATERIALS AND METHODS 5
16011 SUBMITTALS 3
16012 OPERATION AND MAINTENANCE MANUALS 1
16053 ELECTRICAL SYSTEMS COORDINATION STUDY 2
16110 RACEWAYS 4
16120 WIRE, CABLE AND RELATED MATERIALS 3
16140 WIRING DEVICES 3
16180 EQUIPMENT WIRING SYSTEM 2
16190 SUPPORTING DEVICES 2
16195 ELECTRICAL IDENTIFICATION 1
16231 ELECTRICAL EMERGENCY-STANDBY POWER SYSTEMS GERERATOR SET (S) 9
16250 TRANSJENTVOLTAGE SURGE SUPPRESSION (TVSS) 4
16400 SERVICE AND DISTIBUTION 2
16413 AUTOMATIC TRANSFER SWITCHES 6
16420 ELECTRICAL SERVICE ENTRANCE 1
16425 SWITCHBOARDS 3
16450 GROUNDING 2
16461 DRY TYPE TRANSFORMERS 3
16470 PANELBOARDS 4
16475 FUSES 2
16480 MOTORS AND STARTERS 3
16490 SAFETY AND DISCONNECT SWITCH 2
16510 LIGHTING FIXTURES 5
16670 LIGHTNING PROTECTION SYSTEM 2
16740 TELEPHONE/DATA RACEWAY SYSTEM 1
16930 MISCELLANEOUS ELECTRICAL CONTROLS AND WIRING 3
"
\
,
\
SHEET
COVER
AOoo
A001
A002
ARCHITECTURAL
A100
A101
A150
A200
A201
A210
A220
A250
A300
A310
A350
MOO
ASOO
A700
STRUCTURAL
S101
S201
S301
$302
$401
S501
S601
MECHANICAL
MO.O
M1,0
M2.0
ELECTRICAL
EO.O
E1.0
E2.0
E3.0
E4.0
FIRE
FAO.O
PLUMBING
PO.O
P1.0
P1.1
P2.0
P3.0
TITLE
INDEX
CODE INFORMATION SUMMARY
PARTITION TYPES & ASSEMBLIES
DEMO SITE PLAN
SITE PLAN
SITE PLAN DETAILS
DEMO FLOOR PLAN
FLOOR PLAN
REFLECTED CEILING PLAN
FINtSH PLAN
PLAN Del AILS
BUILDING ELEVATIONS
BUILDING SECTIONS
SECTION DETAILS
ROOF PLAN
DOOR I WINDOW FRAMES & SCHEDULES
INTERIOR ELEVATIONS & MILLWORK
GENERAL CRITERIA
FOUNDATION & FIRST FLOOR PLAN
ROOF FRAMING PLAN
CANOPY FRAMING PLAN, SECTION & ELVATtON
DRILLED PIER & PLINTH SCHEDULES
FOUNDATION DETAILS
FRAMING Del AILS
LEGENDS AND SPECIFICATIONS
MECHANICAL FLOOR PLAN
MECHANICAL SCHEDULES & DETAILS
ELECTRICAL LEGENDS & SPECIFICATIONS
ELECTRICAL LIGHTING FLOOR PlAN
ELECTRICAL POWER FLOOR PLAN
ELECTRICAL PANEL SCHEDULES
ELECTRICAL RISER DIAGRAM
FIRE ALARM PlAN
PLUMBING LEGENDS, SPECIFICATIONS &
DETAILS
PLUMBING SANITARY FLOOR PLAN
PLUMBING SANITARY FLOOR PLAN, WASTE &
VENT RISER DIAGRAM
PLUMBING WATER FLOOR PLAN
PLUMBING RISER DIAGRAM
SureTec Insurance Company
9737 Great Hills Trail, #320
Austin, Texas 78759
512-732-0099
TEXAS STATUTORY PERFORMANCE BOND
Bond NO.:4354785
KNOW ALL MEN BY THESE PRESENTS:
THAT, L & M Contractors, Inc. (hereinafter called the Principal, and SureTec Insurance Company,
a corporation organized and existing under the laws of the State of Texas, licensed to do business in the
State of Texas and admitted to write bonds, as surety, (hereinafter called the Surety), are held and firmly
bound unto City of LaPorte (hereinafter called the Obligee), in the amount of Nine Hundred Thirteen
Thousand, Four Hundred Eightv-Seven and No/100--- Dollars (($913.487.00)) for the payment whereof,
the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and
assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain contract with the Obligee, dated the 7th day of
September, 2006 for Renovation & Addition to City of LaPorte EMS Center, which contract is hereinafter
referred to as the "Contract."
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal
shall faithfully perform the work required by the Contract then this obligation shall be null and void;
otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of
the Texas Government Code and all liabilities on this bond shall be determined in accordance with the
provision, conditions and limitations of said Chapter to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this
7th day of September, 2006.
HOUSTOUN. WOODA~~ ~~'
TOMFORDE. AND Aru..l~"
dba Insurance A1\ianQe
1776 Yorktown. Suite 200
H stOll. TCUS 7'70*4114
TOI L:nse #1381 PElN f760362043
Principal: L & M Contractors, Inc.
BY~ 1t,Jf ~,
su~~ Su' eljec !ns~~,~nce Company
I?{ .. W ..--C~. . ,,' ,
/ JoA n Parker Attorney-in-
I
(
\
"
."-...... ........
Please refer to Attached Rider for Important Notices and Coverage Information
Rev. 11.11.2003
SureTec Insurance Company
9737 Great Hills Trail, #320
Austin, Texas 78759
512-732-0099
TEXAS STATUTORY PAYMENT BOND
(Public Works)
Bond No.:4354785
KNOW ALL MEN BY THESE PRESENTS:
THAT, L & M Contractors. Inc. (hereinafter called the Principal), as principal, and SureTec Insurance
Company, a corporation organized and existing under the laws of the State of Texas, licensed to do
business in the State of Texas and admitted to write bonds, as surety, (hereinafter called the Surety), are
held and firmly bound unto City of LaPorte (hereinafter called the Obligee), in the amount of Nine Hundred
Thirteen Thousand. Four Hundred Eighty-Seven and No/100--- Dollars ( ($913.487.00) ) for the payment
whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors,
successors, and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain contract with the Obligee, dated the 7th day of
September, 2006 for Renovation & Addition to City of LaPorte EMS Center, which contract is hereinafter
referred to as the "Contract."
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal
shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work
provided for in said Contract, then, this obligation shall be null and void; otherwise to remain in full force and
effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of
the Texas Government Code and all liabilities on this bond shall be determined in accordance with the
provision, conditions and limitations of said Chapter to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this
7th day of September, 2006.
HOUSTOUN, WOODARD. EASON. GENTLE.
TOMPORDE, AND ANDERSON, INC.
dba Insurance Al1ianoe
1776 Yorktown, Suite 200
Houston. Texas 77OS6-4114 .
TOI License #1381 FEIN '760362043
Rev. 11.11.2003
POA#: 4221114
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
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Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint C.W. Adams, Harlan 1. Berger, Leland L. Rauch, Cheryl R. Colson, Sharon Cavanaugh,
Andrew 1. Janda, Sue Kohler, Donald E. Woodard, Jr., Michael Cole, JoAnn Parker
of Houston, Texas its true and lawful Attomey(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to
execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to
include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed
Five Million and noli 00 Dollars ($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the
premises. Said appointment shall continue in force until June 30. 2007 and is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint anyone or more suitable persons as Attomey(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20'h of April,
1999 )
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 20th day of June, A.D. 2005.
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# ( '(.. .., '\%, By:
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State of Texas ss; ~ \. J. J:/ y
County of Harris ....~....!./
On this 20th day of June, A.D. 2005 before me personaIly came Bill King, to me known, who, being by me duly sworn, did depose and say, that he
resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company; and that he signed his name thereto by like order.
e Mi:=Y
. .. Sfate of TeXOl
~ Mv CommIssIOn Expfres
~Ol'~ August 27. 2008
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My commission expires August 27, 2008
r, M. Brent Beaty, Assistant Secretary ofSURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston, Texas this 7TH
SEPTEMBER
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST.
SureTec Insurance Company
THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION
Statutory Complaint Notice
To obtain information or make a complaint:
You may call the Surety's toll free telephone number for information or to make a complaint at 1-866-732-0099
You may also write to the Surety at:
SureTec Insurance Company
9737 Great Hills Trail, Suite 320
Austin, TX 78759
You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or
complaints at 1-800-252-3439.
You may write the Texas Department of Insurance at
.PO Box 149104
Austin, TX 78714-9104
FaX#: 512-475-1771
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you
should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance.
--------------------..------------
Important Notice Regarding
Terrorism Risk Insurance Act of 2002
In accordance with the Terrorism Risk Insurance Act of 2002 (the "Act"), this disclosure notice is provided for surety
bonds on which one or more of the following companies is the issuing surety: SureTec Insurance Company, U. S.
Specialty Insurance Company, and any other company that is added to SureTec Insurance Company for which
surety business is underwritten by SureTec Insurance Company ("Issuing Sureties").
The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is
Zero Dollars (SO.OO).
The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist
acts certified under the Act exceeding the applicable surety deductible. .
. The actual coverage provided by your bond for acts of terrorism, as is true for all coverages, is Iimiteo by the terms,
conditions, exclusions, penalties, limits, other proviSIons of your bond and the underlying contract, any
endorsements to the bond and generally applicable rules of law. This Important Notice Regarding Terrorism
In.surance Risk Act of 2002 is for informational purposes only and does not create coverage nor become a part or
condition of the attached document. . .
-----------------~------------------------------~---------------------------
Exclusion of Liability for
Mold, Mycotoxins, and Fungi
The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable
for, molds, living or dead fungi, bacteria. allergins, histamines, spores, hyphae. or mycotoxins, or their related
products.or parts, nor the remediation thereof, nor the consequences of their occurrence, existence, or appearance.
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: AUl!ust 28. 2006
Requested By: Wavue I.~
I
Department: Planninl!
Source of Funds:
N/A
Account Number:
N/A
Amount Budgeted: N/A
Report: _Resolution: _Ordinance:..K-
Amount Requested: N/A
Exhibits:
A. Ordinance for Industrial District Agreement
B. Industrial District Agreement
C. Ordinance for Water Service Agreement
D. Water Service Agreement
E. Area Map
Budgeted Item: _YES ...x.....NO
SUMMARY & RECOMMENDATION
The owner of ELE HOLDINGS, LTD. has approached the City to provide water service to its site located at
11345 State Highway 225 between Miller Cut-Off Road and Sens Road (see Area Map) in the Battleground
Industrial District.
Council has approved a policy to provide utility services to companies located outside city limits and within
the City's industrial districts. These companies are required to maintain a current Industrial District
Agreement with the City. ELE HOLDINGS, LTD. desires to pursue an Industrial District Agreement and
water service under the terms of the aforementioned policy.
Based on the company's stated demand for domestic uses, the average monthly demand for water is
38,125 gallons per month. The maximum allowed per City policy is 915,000 gallons per month, thus making
this request well within City policy. The applicant will pay one and one-half (1-%) times the City's current
utility rate.
The company is subject to administrative connection charges in the amount of $5,000. ELE HOLDINGS,
LTD. is not subject to a pro rata reimbursement for a water line extension under a Utility Extension
Agreement entered into with the City and John Frantz on March 22, 2000. (CLP Project Number 98-7602).
John Frantz is the President and General Partner of ELE Holdings, LTD. and as such no reimbursement is
required.
The term of the Water Service Agreement expires on December 31, 2007, plus any renewals and
extensions thereof. However, the agreements shall automatically expire at such time as there is no effective
Industrial District Agreement between the parties or if the city exercises the right of termination. Staff
recommends approval of the Industrial District Agreement and Water Service Agreement as submitted
herein.
Action Required bv Council:
Consider approval of two ordinances: an ordinance authorizing the City Manager to execute an Industrial
District Agreement with ELE HOLDINGS, LTD. and an ordinance authorizing the City Manager to execute a
Water Service Agreement with ELE HOLDINGS, LTD.
Aooroved for City Council Al!enda
D~~~e~~i~~1~
i --eJd--00
Date (
EXHIBIT A
ORDINANCE FOR INDUSTRIAL DISTRICT AGREEMENT
ORDINANCE NO. 2000-IDA- 78
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH ELE HOLDINGS, LTD., FOR THE
TERM COMMENCING JANUARY 1, 2006, AND ENDING DECEMBER 31, 2007,
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT,
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
ELE HOLDINGS, LTD. has executed an industrial
district agreement with the city of La Porte, for the term
commencing January I, 2006, and ending December 31, 2007, a copy of
which is attached hereto, incorporated by reference herein, and
made a part hereof for all purposes.
Section 2. The Mayor, the City Manager, the City Secretary,
and the City Attorney of the City of La Porte, be, and they are
hereby, authorized and empowered to execute and deliver on behalf
of the City of La Porte, the industrial district agreement with the
corporation named in Section 1 hereof.
Section 3.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 4. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this~(fJV day of
, 2006.
CITY OF LA PORTE
~~~~
By:
Alton E. Porter
ATTEST:
VJYbttfa II. r41d/l
Martha A. Gillett
City Secretary
APPROVED:
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City Attorney {;;, ~. 'vv:'~-J
2
EXHIBIT B
lNDUSTRIAL DISTRICT AGREEMENT
NO. 2000-IDA-1~
STATE OF TEXAS
COUNTY OF HARRIS
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INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal corporation of Harris County,
Texas, hereinafter called "CITY", and ELE HOLDINGS, LTD., a Texas
limited partnership, hereinafter called "COMPANY",
WIT N E SSE T H:
WHEREAS, it is the established policy of the city Council of
the city of La Porte, Texas, to adopt such reasonable measures from
time to time as are permitted by law and which will tend to enhance
the economic stability and growth of the City and its environs by
attracting the location of new and the expansion of existing
industries therein, and such policy is hereby reaffirmed and
adopted by this City Council as being in the best interest of the
city and its citizens; and
WHEREAS, pursuant to its policy, City has enacted Ordinance
No. 729, designating portions of the area located in its
extraterritorial jurisdiction as the "Battleground Industrial
District of La Porte, Texas", and Ordinance No. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the "Bayport Industrial District of La Porte, Texas",
hereinafter collectively called "District", such Ordinances being
in compliance with the Municipal Annexation Act of Texas, codified
as section 42.044, Texas Local Government Code; and
WHEREAS, Company is the owner of land within a designated
Industrial District of the City of La Porte, said land being
legally described on the attached Exhibit "A" (hereinafter "Land") ;
and said Land being more particularly shown on a plat attached as
Exhibit "BIl, which plat describes the ownership boundary lines; a
site layout, showing all improvements, including pipelines and
railroads, and also showing areas of the Land previously annexed by
the City of La Porte; and
WHEREAS, City desires to encourage the expansion and growth of
industrial plants within said Districts and for such purpose
desires to enter into this Agreement with Company pursuant to
Ordinance adopted by the City Council of said city and recorded in
the official minutes of said City:
NOW, THEREFORE, in consideration of the premises and the
mutual agreements of the parties contained herein and pursuant to
the authority granted under the Municipal Annexation Act and the
Ordinances of City referred to above, City and Company hereby agree
with each other as follows:
FINAL DRAFT: February 24, 2000
I.
city covenants, agrees and guarantees that during the term of this
Agreement, provided below, and subject to the terms and provisions
of this Agreement, said District shall continue to retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the Land belonging to Company and its
assigns, unless and until the status of said Land, or a portion or
portions thereof, as an industrial district may be changed pursuant
to the terms of this Agreement. Subject to the foregoing and to
the later provisions of this Agreement, city does further covenant,
agree and guarantee that such industrial district, to the extent
that it covers said Land lying within said District and not now
within the corporate limits of City, shall be immune from
annexation by city during the term hereof (except as hereinafter
provided) and shall have no right to have extended to it any
services by City, and that all Land, including that which has been
heretofore annexed, shall not have extended to it by ordinance any
rules and regulations (a) governing plats and subdivisions of land,
(b) prescribing any building, electrical, plumbing or inspection
code or codes, or (c) attempting to exercise in any manner whatever
control over the conduct of business thereon; provided, however,
any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, State Highway 225, or State
Highway 146, shall be subject to the rules and regulations attached
hereto as Exhibit "C" and made a part hereof; and provided,
however, it is agreed that City shall have the right to institute
or intervene in any administrative and/or judicial proceeding
authorized by the Texas Water Code, the Texas Clean Air Act, the
Texas Health & Safety Code, or other federal or state environmental
laws, rules or regulations, to the same extent and to the same
intent and effect as if all Land covered by this Agreement were not
subject to the Agreement.
II.
In the event that any portion of the Land has heretofore been
annexed by City, Company agrees to render and pay full City ad
valorem taxes on such annexed Land and improvements, and tangible
personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended), the
appraised value for tax purposes of the annexed portion of Land,
improvements, and tangible personal property shall be determined by
the Harris County Appraisal District. The parties hereto recognize
that said Appraisal District has no authority to appraise the Land,
improvements, and tangible personal property in the unannexed area
for the purpose of computing the "in lieu" payments hereunder.
Therefore, the parties agree that the appraisal of the Land,
improvements, and tangible personal property in the unannexed area
shall be conducted by city, at City's expense, by an independent
appraiser of City's selection. The parties recognize that in
making such appraisal for "in lieu" payment purposes, such
appraiser must of necessity appraise the entire (annexed and
unannexed) Land, improvements, and tangible personal property.
2
Nothing herein contained shall ever be interpreted as lessening the
authority of the Harris County Appraisal District to establish the
appraised value of Land, improvements, and tangible personal
property in the annexed portion, for ad valorem tax purposes.
III.
A. On or before April IS, 2001, and on or before each April 15th
thereafter, unless an extension is granted in accordance with the
Texas Property Tax Code, through and including April IS, 2007,
Company shall provide City with a written description of its Land
and all improvements and tangible personal property located on the
Land as of the immediately preceding January 1st, stating its
opinion of the Property's market value, and being sworn to by an
authorized officer of the Company authorized to do so, or Company's
duly authorized agent, (the Company's "Rendition"). Company may
file such Rendition on a Harris County Appraisal District rendition
form, or similar form. The properties which the Company must
render and upon which the "in lieu of" taxes are assessed are more
fully described in subsections I, 2, and 3 of subsection D, of this
Paragraph III (sometimes collectively called the "property") i
provided, however, pollution control equipment installed on the
Land which is exempt from ad valorem taxation pursuant to the
provisions of Sec. 11.31 of the Texas Property Tax Code is exempt
from ad valorem taxation and "in lieu of taxes" hereunder. A
failure by Company to file a Rendition as provided for in this
paragraph, shall constitute a waiver by Company for the current tax
year, of all rights of protest and appeal under the terms of this
Agreement.
B. As part of its rendition, Company shall furnish to City a
written report of the names and addresses of all persons and
entities who store any tangible personal property on the Land by
bailment, lease, consignment, or other arrangement with Company
("products in storage"), and are in the possession or under the
management of Company on January 1st of each Value Year, further
giving a description of such products in storage.
C. On or before the later of December 31, 2001, or 30 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 2007, Company
shall pay to city an amount "in lieu of taxes" on Company's
Property as of January 1st of the current calendar year ("Value
Year") .
D. Company agrees to render to City and pay an amount "in lieu of
taxes" on Company's Land, improvements and tangible personal
property in the unannexed area equal to the sum of:
1. Fifty-three percent (53%) of the amount of ad valorem
taxes which would be payable to City if all of the
Company's Land and improvements which existed on January
I, 2001, and each January 1 thereafter of the applicable
Value Year during the term of this Agreement, (excluding
amounts payable pursuant to subparagraph 2, below), had
been within the corporate limits of City and appraised
3
each year by City's independent appraiser, in accordance
with the applicable provisions of the Texas Property Tax
Code; and
2. (a) On any Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) dedicated to new
construction, in excess of the appraised value of
same on January 1, 2000, resulting from new
construction (exclusive of construction in
progress, which shall be exempt from taxation), for
each Value Year following completion of
construction in progress, an amount equal to Thirty
percent (30%) of the amount of ad valorem taxes
which would be payable to City if all of said new
construction had been within the corporate limits
of City and appraised by city's independent
appraiser, in accordance with the applicable
provisions of the Texas Property Tax Code.
(b) A Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) as used in subparagraph 2(a)
above, is defined as an increase in value that is
the lesser of either:
i. at least Five percent (5%) of the total
appraised value of Land and improvements, on
January 1, 2000; or
ii. a cumulative value of at least $3,500,000.00.
For the purposes of this Agreement, multiple
projects that are completed in a Value Year can be
cumulated to arrive at the amount for the increase
in value.
(c) If existing Property values have depreciated below
the Property value established on January 1, 2000,
an amount equal to the amount of the depreciation
will be removed from the calculation under this
subparagraph 2 to restore the value to the January
1, 2000, value; and
3. Fifty-three percent (53%) of the amount of ad valorem
taxes which would be payable to City on all of the
Company's tangible personal property of every
description, located in an industrial district of City,
including, without limitation, inventory, oil, gas, and
mineral interests, items of leased equipment, railroads,
pipelines, and products in storage located on the Land,
if all of said tangible personal property which existed
on January 1, 2001, and each January 1 thereafter of the
applicable Value Year during the term of this Agreement,
had been within the corporate limits of City and
appraised each year by the City's independent appraiser,
4
in accordance with the applicable provisions of the Texas
Property Tax Code.
with the sum of 1, 2 and 3 reduced by the amount of City's ad
valorem taxes on the annexed portion thereof as determined by
appraisal by the Harris County Appraisal District.
IV.
This Agreement shall extend for a period beginning on the 1st day
of January, 2001, and continuing thereafter until December 31,
2007, unless extended for an additional period or periods of time
upon mutual consent of Company and City as provided by the
Municipal Annexation Act; provided, however, that in the event this
Agreement is not so extended for an additional period or periods of
time on or before August 31, 2007, the agreement of City not to
annex property of Company within the District shall terminate. In
that event, City shall have the right to commence immediate
annexation proceedings as to all of Company's property covered by
this Agreement, notwithstanding any of the terms and provisions of
this Agreement.
Company agrees that if the Texas Municipal Act, Section 42.044,
Texas Local Government Code, is amended after January 1, 1994, or
any new legislation is thereafter enacted by the Legislature of the
State of Texas which imposes greater restrictions on the right of
City to annex land belonging to Company or imposes further
obligations on City in connection therewith after the annexation of
such land, Company will waive the right to require City to comply
with any such additional restrictions or obligations and the rights
of the parties shall be then determined in accordance with the
provisions of said Texas Municipal Annexation Act as the same
existed January 1, 1994.
V.
This Agreement may be extended for an additional period or periods
by agreement between city and Company and/or its assigns even
though it is not extended by agreement between City and all of the
owners of all land within the District of which it is a part.
VI.
A. In the event Company elects to protest the valuation for tax
purposes set on its said properties by City or by the Harris County
Appraisal District for any year or years during the terms hereof,
nothing in this Agreement shall preclude such protest and Company
shall have the right to take all legal steps desired by it to
reduce the same.
Notwithstanding such protest by Company, Company agrees to pay to
City on or before the date therefor hereinabove provided, at least
the total of (a) the total amount of ad valorem taxes on the
annexed portions, plus (b) the total amount of the "in lieu of
taxes" on the unannexed portions of Company's hereinabove described
property which would be due to City in accordance with the
5
foregoing prov~s~ons of this Agreement on the basis of renditions
which shall be filed by Company.
When the City or Harris County Appraisal District (as the case may
be) valuation on said property of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days thereafter Company
shall make paYment to City of any additional paYment due hereunder
based on such final valuation, together with applicable penalties,
interests, and costs.
B. Should Company disagree with any appraisal made by the
independent appraiser selected by City pursuant to Article II above
(which shall be given in writing to Company), Company shall, within
twenty (20) days of receiving such copy, give written notice to the
city of such disagreement. In the event Company does not give such
written notice of disagreement within such time period, the
appraisal made by said independent appraiser shall be final and
controlling for purposes of the determination of "in lieu of taxes"
paYments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall also
submit to the City with such notice a written statement setting
forth what Company believes to be the market value of Company's
hereinabove described property. Both parties agree to thereupon
enter into good faith negotiations in an attempt to reach an
agreement as to the market value of Company's property for "in
lieu" purposes hereunder. If, after the expiration of thirty (30)
days from the date the notice of disagreement was received by City,
the parties have not reached agreement as to such market value, the
parties agree to submit the dispute to final arbitration as
provided in subparagraph 1 of this Article VI B. Notwithstanding
any such disagreement by Company, Company agrees to pay to City on
or before December 31 of each year during the term hereof, at least
the total of (a) the ad valorem taxes on the annexed portions, plus
(b) the total amount of the "in lieu" paYments which would be due
hereunder on the basis of Company's valuations rendered and/or
submitted to city by Company hereunder, or the total assessment and
"in lieu of taxes" thereon for the last preceding year, whichever
is higher.
1. A Board of Arbitrators shall be created composed of one
person named by Company, one by city, and a third to be
named by those two. In case of no agreement on this
arbitrator in 10 days, the parties will join in a written
request that the Chief Judge of the u.S. District Court
for the Southern District of Texas appoint the third
arbitrator who, (as the "Impartial Arbitrator") shall
preside over the arbitration proceeding. The sole issue
to be determined in the arbitration shall be resolution
of the difference between the parties as to the fair
market value of Company's property for calculation of the
"in lieu 11 paYment and total paYment hereunder for the
year in question. The Board shall hear and consider all
relevant and material evidence on that issue including
6
expert oplnlon, and shall render its written decision as
promptly as practicable. That decision shall then be
final and binding upon the parties, subject only to
judicial review as may be available under the Texas
General Arbitration Act (Chapter 171, "General
Arbitration", Texas Civil Practice and Remedies Code).
Costs of the arbitration shall be shared equally by the
Company and the city, provided that each party shall bear
its own attorneys fees.
VII.
city shall be entitled to a tax lien on Company's above described
property, all improvements thereon, and all tangible personal
property thereon, in the event of default in paYment of "in lieu of
taxes" paYments hereunder, which shall accrue penalty and interest
in like manner as delinquent taxes, and which shall be collectible
by City in the same manner as provided by law for delinquent taxes.
VIII.
This Agreement shall inure to the benefit of and be binding upon
city and Company, and upon Company's successors and assigns,
affiliates and subsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of the property
belonging to it within the territory hereinabove described, and the
agreements herein contained shall be held to be covenants running
with the land owned by Company situated within said territory, for
so long as this Agreement or any extension thereof remains in
force. Company shall give City written notice within ninety (90)
days, with full particulars as to property assigned and identity of
assignee, of any disposition of the Land, and assignment of this
Agreement.
IX.
If city enters into an Agreement with any other landowner with
respect to an industrial district or enters into a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is in effect, which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement.
X.
The parties agree that this Agreement complies with existing laws
pertaining to the subject and that all terms, considerations and
conditions set forth herein are lawful, reasonable, appropriate,
and not unduly restrictive of Company's business activities.
without such agreement neither party hereto would enter into this
Agreement. In the event anyone or more words, phrases, clauses,
sentences, paragraphs, sections, articles or other parts of this
Agreement or the application thereof to any person, firm,
7
corporation or circumstances shall be held by any court of
competent jurisdiction to be invalid or unconstitutional for any
reason, then the application, invalidity or unconstitutionality of
such words, phrase, clause, sentence, paragraph, section, article
or other part of the Agreement shall be deemed to be independent of
and separable from the remainder of this Agreement and the validity
of the remaining parts of this Agreement shall not be affected
thereby.
XI.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said Land shall terminate.
ENTERED INTO effective the 1st day of January, 2006.
By:
ATTEST:
~dlJ!:!/~aJ;;I4(Q
Cl.ty Secretary
By:
R~ OF LA PORTE
~~~~
Alton E. Porter
Mayor
~iP1~f.~~
Cl.ty Manager
Phone:
Fax:
(281) 471-1886
(281) 471-2047
CITY OF LA PORTE
604 West Fairmont Parkway
La Porte, TX 77571
8
nEXHIBIT An
A 34.0528 acre tract in the Enoch Brinson Survey, A-5,
more particularly described by metes and bounds as
follows, to-wit:
Juf 11 06 02:50p Timoth~
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281SS44104
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LAND DATA SURVEYS~ INC.
DON DENSON'
Registered Professional Land Surveyor
File No. 98-041d
June 9,1999
METES AND BOUNDSDEsc1UPTION
34.'528 ACRE TRACf
A t1'aCt ofland containing 34.0528 acres being out of a 116,9341 Acre Tract being
part of and out of a called 822.154 Acre Tract origimilly conveyed to E.I. DuPont De
Nemours &. company as described.in Volume 1318. Page 364 of the-Harris County Deed
Records (HCDR), in the EnOch Brinson Survey, Abstract No.5,.m Harris 'Comly, Texas;
said 34.0528 acres being ~ore particularly desen'bed by metes and-bounds as follows:
COMMENCING at a Sl8-inch iron rod set for the Soutbwestcomet of Ii. called 50
foot wide strip conveyed to Hanis County for road right-oi-way, construCtion and
maintence as described in Volume 752. Page 628, HCDR, oo'the east line ofMiiler Road
(60 feet wide), Oil the sooth line of STRANG SUBDMSION, according to the.mapor
pJatthereofrecorded in Volume 75, Page 22 d1heHatris County-Map Records (iiCMR);
THENCE, N ~9 deg. 1 P 03" E, along the south line'ofsaid STRANG
SUBDMSION, for a distance of2,819.69 feet te a 518-inchiron rod set for comer. on
the westerly line ofa Humble Pipeline Company Tract as described in Vohime 5851.
Page 142, HCDR; .
THENCE, S 58 deg. 22' 41" E, along the westerly line of said Humble. Pipeline
Company trac~ for a distance of 789.55 feet (caned 793.44 feet) to a S/8-inch iron rod
found marking an angle point;
THENCE, S 21 deg. 26"21" E, continuing along the westerly line of said Humble
Pipeline Company Tract, for a distanee of74.88 feet to a S18-inch iro.tt rod set for the
PLACE OF :aEGINNlNG;
THENCE, S 2i deg. 26' 21" E, continuing along the westerly line of said Humble
Pipeline Company Tract, .for a distance of 640;82 feet to a 5/8-inch iron rod set for an
aogle point;
THENCE; S 17 deg. 37' 39" W, continuing along the westerly line of said
Humble Pipeline Company Tract, for a distance of 566.03 feet to a SIB-inch iron. rod set
for corner, same being the Norlli.e8sterly comer of a 5.0000 Acre Tract;
P.O. Box 890027 . Houston. :rexas 77289-0027
Office: (713) 643-8585 . Fax: (281) 332-0950
, ~ p :.~
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Jul" 11 06 02:51p Timoth~
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2819944104
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Page Two
THENCE, N 70 deg. 44'34" W, along the northerly bne of said 5.0000 Acre
Tract, for a distance of40267 feet to a Sl8-mch iron rod set forcomer;satne being the
Northwesterly comer of said 5.0000 Acre Tract;
THENCE, S 17 deg. 37' 39" W~ along the westerly line of said 5.0000' Acre Tract,
for a distance of 599.29 feet to a 'S/8-inch iron rod set for comer. Same h<:ing the
Southwesterly comer of said 5.0000 Acre Tract, on the northerly right.;of-way line.of
State Highway 225; .
TIJENCE;. N. 70 deg, 44' 34" W. along the northerly right-of-way line of State
Highway 225, fora distance of623.23 feet to a S18-inch iron rod set for comer, same
being the Southeasterly coiner of a 6.0000 Acre Tract;
THENCE, N 17 deg. 37' 39" E, along the eaSterly line of a 6.0000 Acre Tract, for
a distance of 599.29 feet to a SIB-inch iron rod set for comer,. Same being the
Northeasterly cOmer of said 6.0000 Acre Tract;
THENCE, N 10 deg. 44' 34" W, along the northerly line of said 6.0000 Acre
Tract, for a distance of 313.66 feet to a S/8-inch iron rod set for' comer, saine being the
Northwesterly comer of said. 6.0000 Acre Tract, on the easterly line of ail Exxon Pipeline
Company 80 foot wide 'Easement as .described in Volume 4022, Page 278~ HCDR;
'-s.::
THENCE, N 40 deg. 06; 44" E. along the easterly line of said 80 foot wide
Easement, for a distance of 1,234.71 feet to a SIB-inch iron rod set for comer;
THENCE, S 58 deg. 22' 41" E, for a dist3nce of477.12 feet to the PLACE OF
BEGINNiNG, of a. tract containing 34~OS28 acres of land.
.\
. Date:'. ,.."
Don Denson,
Registered Professional Land Surveybr No. 2068;
STATE OF TEXAS
REXHIBIT BR
(Attach Plat reflecting the ownership boundary lines; a
site layout, showing all improvements, including
pipelines and railroads, and also showing areas of the
Land previously annexed by the City of La Porte.)
nEXHIBIT cn
Page 1 of 2
RULES AND REGULATIONS
Any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, state Highway 225, or state
Highway 146 shall be subject to the following rules and regulations
pertaining to new signage, screening, driveways and median
crossovers. These rules and regulations shall apply after the
effective date of this Agreement when Company develops or
constructs improvements on vacant Land described in Exhibit "A"
which is adjacent to Fairmont Parkway, state Highway 225, or state
Highway 146.
1. Any sign erected in said 100' strip of land shall be subject
to the following provisions:
. One freestanding identification sign shall be permitted
for each side of an industrial establishment that fronts
on an improved public right-of-way.
. Freestanding identification signs for single tenant
buildings shall not exceed 150 square feet in area.
. One freestanding identification sign for identifying
multiple businesses is allowable at the intersection of
improved public rights-of-way.
. Freestanding identification signs for multiple businesses
shall not exceed 350 square feet.
. Freestanding identification signs shall not exceed 45
feet in height.
. Minimum setback for sign construction shall be ten (10)
feet from property lines.
2. When Land adj acent to said 100' strip is developed, the
initial 50' of said strip beyond any existing pipeline
easement contiguous to either Fairmont Parkway, state Highway
225, or State Highway 146 shall be screened by one of the
following techniques:
a) Leaving in place existing trees, vegetation, underbrush,
etc. to provide a thorough and effective visual screening
of the development. Existing trees shall, together with
other vegetation and underbrush, create a continuous
visual screen.
b) The use of earthen berms with approximately 3: 1 side
slopes, 50' wide at the base and 8' high. The berms may
be landscaped with a combination of trees, shrubs, and
ground cover. All berms and landscaping will be
maintained by the property owners.
nEXHIBIT en
Page 2 of 2
c) A screening plan, to be approved by the City, that
includes a combination of trees, shrubs, and ground cover
that after 5 years growth will be at least 20 feet in
height and shall, together with shrubs and ground cover,
create a continuous visual screen. Provided, however, in
public utility easements or rights-of-way, the vegetation
shall be installed and maintained in a manner which is
acceptable to the public utility company, and does not
interfere with the operation and maintenance of the
public utility facilities.
For items band c above, the actual length of required
screening along the roadway will be equal to the length of the
new development that is parallel to the roadway. Screening
shall not be required for new development that is to the rear
of or behind existing facilities.
In all cases the 50' strip, along the entire roadway frontage,
shall be dedicated as a landscape easement and shall be kept
free from any improvements except for approved driveway access
and identification signs.
For cases of new development or improvements where a 50'
landscape easement is not available or practical, Company
shall meet with City to determine a suitable landscaping
alternative.
3. Driveways opening from said strip of land onto State Highway
225 or State Highway 146 shall be subject to the rules and
regulations of the Texas Department of Transportation and
provisions of the city's Code of Ordinances, whichever is more
restrictive.
Driveways opening from said strip of land onto Fairmont
Parkway shall be subject to the rules and regulations of
Harris County and provisions of the city's Code of Ordinances,
whichever is more restrictive.
4. Driveways opening from said strip of land onto Fairmont
Parkway shall be approved by the city and may require the
installation of separate acceleration/deceleration lanes.
5. Installation of a median crossover on Fairmont Parkway shall
be subject to the approval of both Harris County and City.
EXHIBIT C
ORDINANCE FOR WATER SERVICE AGREEMENT
ORDINANCE NO. 2006-_~_
AN ORDINANCE APPROVING AND AUTHORIZING THE CITY OF LA PORTE TO
ENTER INTO A WATER SERVICE AGREEMENT WITH ELE HOLDINGS, LTD.;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorized the contract,
agreement, or other undertaking described in the title of this ordinance, in substantially
the form as shown in the document which is attached hereto and incorporated herein by
this reference. The City Manager is here 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.
2
ORDINANCE NO. 2006- 02..~35'
Section 3. This Ordinance shall be effective from and after its passage and
approval, and it is so ordered.
PASSED AND APPROVED, this 28th day of August, 2006.
CITY OF LA PORTE
BY:~?~
Alton E. Porter, Mayor
ATTEST:
'-1J! AA 44
Martha Gillett, City Secretary
APPROVED:
~ 7: ~ ,mid. "- '4 aHo~",-,-; ,
Knox Askins, City Attorney ,! ~ w. ~
EXHIBIT D
WATER SERVICE AGREEMENT
1
STATE OF TEXAS ~
COUNTY OF HARRIS ~
WATER SERVICE AGREEMENT
This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a
municipal corporation of Harris County, Texas, hereinafter called "CITY", and ELE Holdioe:s.
LTD. hereinafter called "COMPANY".
I.
COMPANY is the owner of certain real property, which is situated in CITY'S Bayport
Industrial District and not within the corporate limits of the CITY. CITY and COMPANY are
parties to a current Industrial District Agreement.
II.
COMPANY is desirous of purchasing potable water from CITY for usual human domestic
consumption and uses, and for limited industrial processes as hereinafter stated. Previous planning
considerations for the long-range potable water supply of CITY did not include the needs of
property located outside the city limits of CITY. COMPANY recognizes that CITY cannot at this
time provide permanent and unlimited water service. CITY agrees, however, to provide limited
potable water service to COMPANY. For and in consideration of furnishing domestic potable
water by CITY, the parties hereto agree as follows, to-wit:
2
III.
COMPANY has made certain representations to CITY as to its number of employees,
and/or its desired amount of potable water for limited industrial processes, as of the date of this
agreement, upon which representations CITY has relied in entering into this Agreement.
Upon review of these representations, the City has determined the following:
Number of Company Employees on site 25
Number of Contract Employees on site 0
Total on-site Employees 25
Potable Water Approved for Domestic Use
(Total on-site Employees times 50 gpd per employee) 1250
*Potable Water Approved for Industrial Processes (gpd) 0
Total Amount of Potable Water Approved for
Company (Average Daily Demand, gpd) 1250
IV.
CITY has determined that adequate facilities are available to CITY to furnish potable water
to caMP ANY based on the following terms and conditions, to-wit:
(A) Company shall pay to CITY a one-time administrative connection charge of$5000.00
(B) Potable water used for Industrial Processes shall be limited to the following:
N/A
(C) CaMP ANY shall file an application for water service with CITY'S Utility Billing Division and
pay appropriate deposit and water meter charge. CITY shall be responsible for furnishing and
installing meter at Company's expense. caMP ANY shall be responsible for installing
appropriate meter box to be approved by City.
3
(D) The total amount of potable water approved (average daily demand) is established at Q!!!:
thousand two hundred fifty 0.250) gallons per day. This number is based on an average of
fifty (50) gallons per employee per day established by CITY, plus any amount approved for
industrial processes.
(E) The average monthly demand of thirty eie:ht thousand one hundred twenty five (38.125)
gallons is established by multiplying the average daily demand by a factor of 30.5, which shall
be used to facilitate service billings.
(F) The cost of water up to the average monthly demand of thirty eie:ht thousand one hundred
twenty five (38.125) gallons shall be one hundred fifty percent (150%) of the CITY'S rate as
established from time to time for commercial customers inside its corporate limits.
(G) The cost of water for amounts used in excess of the established average monthly demand shall
be two hundred percent (200%) of the CITY'S rate as established from time to time for
commercial customers inside its corporate limits.
(H) Nothing contained in this Agreement shall obligate CITY to furnish more than the average
monthly demand of thirty eie:ht thousand one hundred twenty five (38.125) gallons per
month. Repeated consumption greater than the established average monthly demand may result
in termination of service.
(1) CITY shall have the right to interrupt or temporarily suspend said water service to COMPANY
if an emergency arises and there is not an adequate water supply to meet the needs of the
citizens of La Porte.
(J) CITY reserves the right to enforce its drought contingency plan on all water customers at
CITY'S sole discretion.
4
(K) The total cost for the engineering design and construction of any potable water main, service
line, back flow preventer, meter or other required appurtenances will be the responsibility of
COMPANY.
(L) COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the
furnishing of potable water to customers within the corporate limits of CITY.
(M) All plumbing installed by COMPANY connected to the domestic water line from CITY,
shall meet all applicable State of Texas and CITY plumbing code requirements. CITY'S
engineering and code enforcement personnel shall have the right of prior review and approval
of COMPANY'S plans and specifications for the plumbing system(s). CITY plumbing
inspectors shall have the right to inspect any and all work related to the furnishing of potable
water to COMPANY.
(N)A reduced pressure zone backflow preventer shall be installed and maintained by COMPANY
to protect CITY from any possible cross-connections.
(0) The potable water supply system will be segregated from any existing and future COMPANY
fire protection system.
(P) There shall be no resale of the water provided by CITY, nor any extension of service lines by
COMPANY to serve other parties.
(Q) COMPANY shall submit a certified site plan showing the total acreage of the tract including
present and proposed improvements and a suitable location map of the site. COMPANY'S
development may be subject to certain additional requirements as described in Exhibit A.
These requirements shall be shown on the site plan and approved by CITY.
(R) CITY does not guarantee its water system will provide specific water pressure and/or water
volume requirements of COMPANY.
)
(S) COMPANY is responsible for design of adequate and appropriate systems for fire suppression
systems to its facilities.
V.
All expenses of the installation of the meter; service lines from the main to the meter; and
from the meter to COMPANY'S facilities, shall be solely at the expense of COMPANY.
COMPANY shall own and maintain all service lines and plumbing facilities beyond the meter.
CITY shall own the meter.
VI.
CITY shall retain ownership and maintenance responsibility for its water meter(s). In the
event a State or Harris County license, permit, or permission to install the water main is revoked, or
relocation or adjustment is required, CITY will not be responsible for the expense of such
relocation, adjustment, or replacement.
VII.
CITY reserves the right of ingress and egress at all reasonable times for the purpose of
reading, maintenance, installation, removal and/or relocation of its water meter(s) and for
inspection of COMPANY'S water facilities in order to observe compliance with the terms and
conditions of this Agreement. When exercising its right of entry, CITY shall notify COMPANY in
advance. CITY also agrees to follow established health and safety policies in effect at
COMPANY'S facility.
VIII.
CITY reserves the right to terminate this agreement in the event of violation of the terms
and provisions hereof by COMPANY. CITY will provide COMPANY with written notice of any
defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects
within ten (10) days may result in termination of Agreement. CITY shall have the right to
summarily correct, at COMPANY'S expense, any defect or deficiency, when in its opinion the
integrity of the public water supply is threatened.
6
IX.
Upon receipt of written notice of termination, COMPANY shall have up to six (6) months
to prepare for transition to another water supply. If the transition is not complete within said six-
month period, CITY shall have the right to terminate water service at its sole discretion.
X.
In the event of any conflict between the terms and provisions of this Water Service
Agreement and the terms and provisions of the Industrial District Agreement between the parties,
the terms and provisions of the Water Service Agreement shall control, to the extent of such
conflict. The term of this Agreement shall terminate on December 31, 2007. However, this
Agreement shall automatically expire at such time as there is no effective Industrial District
Agreement between the parties or if CITY exercises its right of termination.
7
ENTERED INTO and effective the L/ day of a"<1 ' 2006
ELE Holdioe:s. LTD.
By:
N
Title: t- e (;. )~;; -t4- If ,b-LE. GfA'tta . 'l.' ,rlrc I
Address: 2- ,.. ~.s Q~. ~ 6e'l1e~J
-1J,J~ 7d'-j T j #-1..()(Jf P ~
CITY OF LA PORTE
ATTEST:
~t1J;(;t0 Cr sz14
Martha A. Gillett
City Secretary
A.ITY OF L~ PO~
By: ~~# t>~
Alton E. Porter
Mayor
APPROVED:
~ 1: ~ /~rr/~~ _L/ By:
~oxW.Askins ;),r~tf'IJC'
CIty Attorney
~~
Debra Brooks Feazelle
City Manager
City Attorney
PO Box 1218
La Porte, TX 77572-1218
City of La Porte
604 West Fairmont Parkway
La Porte, TX 77572
Phone: (281) 471-1886
Fax: (281) 471-2047
Phone: (281) 471-5020
Fax: (281) 471-7168
8
This is EXHIBIT A, consisting of 1 page,
referred to in and part of the Water Service
Agreement and/or Sanitary Sewer Service
Agreement between CITY and COMPANY
dated
Initial:
CITY 1ht-
COMPANY p-
ADDITIONAL REQUIREMENTS
The Agreement is amended and supplemented to include the following agreement of the parties.
COMP ANY shall provide additional improvements as specifically set forth below. These
agreements represent contractual undertakings of COMPANY, undertaken to induce CITY to sell
water to COMPANY pursuant to the terms of the Water Service Agreement and/or Sanitary
Sewer Service Agreement and this addendum. Said additional improvements undertaken by
COMPANY are an integral part of the consideration by COMPANY for obtaining the provision
of water and/or sanitary sewer service from CITY.
1) Storm Water Plan:
For new development COMPANY shall provide a Storm Water Management Plan
that is approved by Harris County Flood Control District and CITY. COMPANY
shall construct and maintain any storm water system as a condition of continued
water and/or sewer service.
2) Beautification Efforts:
COMPANY shall submit a Landscaping Plan subject to approval by CITY.
COMPANY shall install and maintain landscaping along its existing developed
frontage as per approved Landscaping Plan as a condition of continued water
servIce.
EXHIBIT E
AREA MAP
RE
UEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requeste .
Appropriation
Requested By:
Source of Funds:
015 (CIP)
Department:
Account Number: 015-9892-859-5120
Report: ...x...- Resolution: Ordinance: --L
Amount Budgeted: $91,000.00
Amount Requested: $42,202.69
YES
Exhibits: Ordinance
Contract with Harris County
Budgeted Item:
SUMMARY & RECOMMENDATION
In August 2005 the City of La Porte completed a HOME grant program by constructing two new homes and
providing downpayment assistance for eleven new home owners as part of the Northside Neighborhood affordable
housing project. This program has received acclaim and was instrumental in the City receiving the TML Award of
Excellence as part of the Tax Resale Program.
As part of its continued commitment to provide affordable housing and renewal to the City's north side, Staff
submitted a new grant application for $292,300 in December 2004 to construct five additional homes. HOME
grants require a 25% match in a combination of "in-kind" funds and/or cash contributions. The City chose not to
pursue the downpayment assistance portion of the grant so as not to compete with Harris County's downpayment
assistance program. The City was notified of the tentative award of this grant in December 2005. Due to the match
requirement and the rising construction costs, the City requested a meeting with Harris County Community
Development and secured an additional $160,000 commitment for a total grant award of $452,300. This grant
award was approved at Commissioner's Court on March 7, 2006. In May 2006, County requested a modified
budget and project time line to update the City's original proposal. In June 2006, the City received notification that
the draft contract added another $5,000 to the award to cover administrative costs and bringing the final total of the
amount awarded to the City of La Porte to $457,300. The contract was approved at Commissioner's Court on
August 22, 2006. The City's match will be 25% or $114,325. Of this amount, the City will contribute
$72,122.31 "in-kind" costs:
Waived permits and fees--
Lots Appraised Va1ue-------
Appraisal F ees----------------
Deed Recording Fees------
Lien Release Fees----------
Liens Waived ------------------
Clearing Permit---------------
Total---in kind------------------
$19,427.75 ($3885.55 x 5 lots)
$36,950.00 (5 lots total)
$ 2,500.00
$ 100.00
$ 2,500.00
$ 10,624.56
$ 20.00
$72,122.31
Cash contribution will total $42,202.69 to cover the remammg contractual 25% match and Harris County
infrastructure inspections. The cash contribution will be spent on the project before reimbursement requests for
grant money can be submitted. Future Council actions will consider award of a contract with a builder for this
project and marketing/closing assistance for citizens of La Porte.
The project addresses are: 211 North 1st Street (Lots 23-24, Block 62, La Porte), 216 North 2nd Street (Lots 3-4,
Block 62, La Porte), 207 North 2nd Street (Lots 21-23, Block 63, La Porte), 210 North 6th Street (Lots 9-11, Block
66, La Porte), 224 North 6th Street (Lot 3-4, Block 66, La Porte)
Action Required bv Council:
Consider approval of an ordinance authorizing a contract with Harris County to accept a HOME grant
award of $457,300; appropriating $42,202.69 as the City's match to construct five (5) new homes as part
of the affordable housing program as stated in the Northside Community Neighborhood Plan.
Approved for City Council Aeenda
D~}!i~4ty~~~~
~ r~~ -nY
Date f
ORDINANCE NO. 2006-:L Cj ~
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE
CITY OF LA PORTE AND HARRIS COUNTY COMMUNITY AND ECONOMIC
DEVELOPMENT DEPARTMENT FOR AN AWARD IN THE AMOUNT OF $457,300.00
FROM HARRIS COUNTY COMMUNITY AND ECONOMIC DEVELOPMENT
DEPARTMENT FOR FUNDING THE CITY OF LA PORTE'S HOME INVESTMENT
PARTNERSHIP (HOME) PROGRAM; APPROPRIATING A SUM OF UP TO $4~3..00
IN CITY MATCHING FUNDS TO FURTHER THE CITY'S GOAL OF PROVIDING
AFFORDABLE HOUSING; MAKiNG VARiOUS FINDINGS AND PROVISlOMS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; PROVlDtNG 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 agreement or
other undertaking described in the title of this ordinance, in substantially the form as shown
in the document which is attached hereto and incorporated herein by this reference. The
City Manager is hereby authorized to execute such document and all related documents
on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such documents. City Council
appropriates the sum of up to $42,202.69, from Capital Improvement Account Number
Q1.5-9892,..859-5120, to fund said Home Investment Partnership (HOME) Program.
Section 2. The City Council officially finds, determines, recites, and declares that
a sufficient written. notice af the date, hour, place and subject of this meeting of the City
Council was posted at a place convenient to the public at the City Hall of the City for the
time required by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been open to the public
as required by law at all times during which this ordinance and the subject matter thereof
has been discussed, considered and formally acted upon. The City Council further ratifies,
approves and confirms such written notice and the contents and posting thereof.
ORDINANCE NO. 2006)..'1~
PAGE 2
Section 3. This Ordinance shall be effective from and after its passage and
approval, and it is so ordered.
PASSED AND APPROVED, thi~ay of flu "d ' 2006.
CITY OF LA PORTE
~x~
By:
Mayor
ATTEST:
01fl mf~ Alii
City Secretary
APPROVED:
~T~
City Attorney
200i'70CI4. :19~=,.7
01/22/2007 RPl 520.25
THE STATE OF TEXAS
9
9
9
TAX RESALE DEED
t/,I)/\ COUNTY OF HARRIS
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KNOW ALL MEN BY THESE PRESENTS that the CITY OF LA PORTE, TRUSTEE, for the
use and benefit of itself, the LA PORTE INDEPENDENT SCHOOL DISTRICT, the SAN
JACINTO COMMUNITY COLLEGE DISTRICT and THE STATE OF TEXAS, COUNTY OF
HARRIS, acting by and through its duly elected officials ("GRANTOR") as authorized by
Section 34.05, Texas Property Tax Code, for and in consideration of the sum ofTEN DOLLARS
AND 001100 ($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand
paid by CITY OF LA PORTE 2006 HOME PROGRAM ("GRANTEE") the receipt of which is \, ".
hereby acknowledged and confessed, has conveyed and quitclaimed and by these presents do ~~.\~.
convey and quitclaim unto said Grantees all right, title and interest of the CITY OF LA PORTE,
THE LA PORTE INDEPENDENT SCHOOL DISTRICT, THE SAN JACINTO COMMUNITY
COLLEGE DISTRICT, AND THE STATE OF TEXAS, COUNTY OF HARRIS in the property
herein conveyed, acquired by tax foreclosure sale heretofore held, in Cause No. 2001-65458,
styled City of La Porte, La Porte Independent School District, the San Jacinto Community
College District, and Harris County vs. Johnny Joe Evans, et aI, said property being described as:
LOTS 9, 10, AND 11, BLOCK 66, OF THE TOWN OF LA PORTE, AN ADDITION IN
HARRIS COUNTY, TEXAS, AS PER THE MAP OR RECORDS OF SAID COUNTY
IN VOLUME 58, DEED INTO HE AND WIFE, S.E.V. EVANS, IN VOLUME 1601M,
PAGE 202, THE HOMESTEAD, AND COMMONLY DESCRIBED AS 210 NORTH
SIXTH STREET, LA PORTE, TEXAS 77571. (ACCOUNT NUMBER 023-197-066-
0009) .
This conveyance is made and accepted subject to the following matters to the extent that
the same are in effect at this time: any and all rights of redemption, restrictions, covenants,
conditions, easements, encumbrances and outstanding mineral interests, if any, relating to the
hereinabove described property, but only to the extent they are still in effect, shown of record in
the hereinabove mentioned County and State, and to all zoning laws, regulations and ordinances
of municipal and/or other governmental authorities, if any but only to the extent that they are still
in effect, relating to the hereinabove described property.
TO HAVE AND TO HOLD said premises, together with all and singular the rights,
privileges and appurtenances thereto in any manner belonging unto the said BLOCK GRANT
PROGRAM, its successors and assigns forever, so that neither the CITY OF LA PORTE, THE
LA PORTE INDEPENDENT SCHOOL DISTRICT,THE SAN JACINTO JUNIOR
COMMUNITY COLLEGE DISTRICT, AND THE STATE OF TEXAS, COUNTY OF
HARRIS any person claiming under it shall at any time hereafter have, claim or demand any
right or title to the aforesaid premises or appurtenances, or any part thereof.
This transaction is in full satisfaction of all taxes, penalties, interest, and costs that have
accrued until the date hereof.
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IN TESTIMONY WHEREOF, THE CITY OF LA PORTE, TRUSTEE, for the use and
benefit of itself, the LA PORTE INDEPENDENT SCHOOL DISTRICT, the SAN JACINTO
JUNIOR COMMUNITY COLLEGE DISTRICT, and the SJ',tTE OF TEXAS, COUNTY OF
H~IS has caused these presents to be executed this 8 - day of
~~ 2007.
CITY OF LA PORTE, TRUSTEE
~~y~
ALTON PORTER, MAYOR
THE STATE OF TEXAS
9
9
9
COUNTY OF HARRIS
BEFORE ME, the undersigned authority, on this day personally appeared ALTON
PORTER, Mayor of the City of La Porte, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed same for the
NO ARY PUBLIC, in and for the
STATE OF TEXAS .J'"::L 1....._
My Commission Expires: ~
IIftP!DlSOlIll8l""~~
~~l*IflCllal"'IMII'fIIQ=-rlll!JllClE_
CQUHTy OF TEXAS . lIaRfaMllAl
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purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this B~
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KATHERINE R. POWELL
MY COMMISSION EXPIRES
December 13, r:t17
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JAN 2 2 2007
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COUNTY CLERK
-. - HARRIs COUNTY. TEXAs
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Allhe ~~CORDER'S MEMORANDUM:
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RELEASE OF LIEN
STATE OF TEXAS
"""007'-'041949
01/22/2007 RP1 $16.00
COUNTY OF HARRIS
WHEREAS; the City of La Porte, a municipal corporation in Harris County, Texas, had certain valuable work or
improvements to wit: the cutting of weeds or brush, the filling of pools, the removal of trash, or other objectionable
or unsanitary matter, or the demolition of structures, to be done with respect to the hereinafter described real
property. Filed Notice of Lien against such property for the reasonable value of such work done or improvements
made:
NOW, THEREFORE, the City of La Porte, a municipal corporation in Harris County, Texas, in consideration of the
payment to it, the owner and holder of the hereinabove mentioned lien, of the full amount thereof, does hereby
RELEASE the hereinafter described real property from such lien, to-wit:
\
Legal Description: Block 66, Lots 9, 10 & 11; La Porte
HCAD #: 023 197 066 0009
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Date(s) Lien(s) Filed and Reference Number(s):
January 23, 1989- M0186l9;
September 25, 1989 - M334038
August 02,1990 - M754732;
August 10, 1992 - N805059;
July 06, 1993 - P3l7939;
July 26, 1994 - P97660l;
July 26, 1994 - R157671
November 21, 1994 - R157671;
February 13, 1995 - R267421;
July 24, 1995 - R494142;
January 08,1996 - R738171
September 3,1996 - S097241;
September 10,1999 - T959442;
June 20, 2001 - V12l599;
June 20, 2001 - V12l602;
July16,2001-V174887
(1
And the City of La Porte does hereby acknowledge the full and entire payment of the lien above referred to and does
hereby declare the land and premises herein above described and the real and true owners thereof to be fully
RELEASED, DISCHARGED AND ACQUITTED of all and every lien, debt, claim or obligation whatsoever,
incident to, or in any manner related to, or arising from the work done or improvements made to said herein above
described property.
IN TESTIMONY OF WHICH the CITY OF LA PORTE has caused this RELEASE to be executed on the 9th day of
October 2006.
RECORDER'S MEMORANDUM:
At the time of recordation. this instrument WIt CITY OF LA PORTE
found to be inadequate for the best photographiC
reproduction because of illegibility, carbon or
photo copy, discolored paper, etc. All blackouts
additions and changes were present at the tiine BY:
the instrument was filed and recorded. ,
~ttJ
Mich e Dolby
t Finance Director
, ~~C_
STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on the 9th day of October 2006.
LORII DOUGHTY
NcMIY PublIc, State of T....
_ Commllllon ExpIres:
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APPROVED: .
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Knox AskUIs
City Attorney
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THE STATE OF TEXAS
9
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d COUNTY OF HARRIS 9
CJ ~9 ~ KNOW ALL MEN BY THESE PRESENTS that the CITY OF LA PORTE TRUSTEE, for the
use and benefit of itself, the LA PORTE INDEPENDENT SCHOOL DISTRICT, the SAN
JACINTO COMMUNITY COLLEGE DISTRICT and THE STATE OF TEXAS, COUNTY OF
HARRIS, acting by and through its duly elected officials ("GRANTOR") as authorized by
Section 34.05, Texas Property Tax Code, for and in consideration ofthe sum ofTEN DOLLARS
AND 00/100 ($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand
paid by CITY OF LA PORTE 2006 HOME PROGRAM ("GRANTEE") the receipt of which is
hereby acknowledged and confessed, has conveyed and quitclaimed and by these presents do
convey and quitclaim unto said Grantees all right, title and interest ofthe CITY OF LA PORTE,
THE LA PORTE INDEPENDENT SCHOOL DISTRICT, THE SAN JACINTO COMMUNITY
COLLEGE DISTRICT, AND THE STATE OF TEXAS, COUNTY OF HARRIS in the property
herein conveyed, acquired by tax foreclosure sale heretofore held, in Cause No. 2001-65458,
styled City of La Porte, La Porte Independent School District, the San Jacinto Community
College District, and Harris County vs. Johnny Joe Evans, et aI, said property being described as:
TAX RESALE DEED
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N LOTS 3 AND 4, BLOCK 66, OF THE TOWN OF LA PORTE, AN ADDITION IN
iXl HARRIS COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF
~ RECORDED IN THE OFFICE OF THE COUNTY CLERK OF HARRIS COUNTY,
tm TEXAS REFERENCE TO WHICH IS HERE MADE FOR ALL PURPOSES, AND
I COMMONLY DESCRIBED AS 224 NORTH SIXTH STREET, LA PORTE, TEXAS
r'ion 77571. (ACCOUNT NUMBERS 023-197-066-0003 & 023-197-066-0033).
~
I This conveyance is made and accepted subject to the following matters to the extent that
1:0 the same are in effect at this time: any and all rights of redemption, restrictions, covenants,
f~ conditions, easements, encumbrances and outstanding mineral interests, if any, relating to the
IS) hereinabove described property, but only to the extent they are still in effect, shown of record in
the hereinabove mentioned County and State, and to all zoning laws, regulations and ordinances
~ of municipal and/or other governmental authorities, if any but only to the extent that they are still
~ in effect, relating to the hereinabove described property.
TO HA VE AND TO HOLD said premises, together with all and singular the rights,
privileges and appurtenances thereto in any manner belonging unto the said BLOCK GRANT
PROGRAM, its successors and assigns forever, so that neither the CITY OF LA PORTE, THE
LA PORTE INDEPENDENT SCHOOL DISTRICT,THE SAN JACINTO JUNIOR
COMMUNITY COLLEGE DISTRICT, AND THE STATE OF TEXAS, COUNTY OF
HARRIS any person claiming under it shall at any time hereafter have, claim or demand any
right or title to the aforesaid premises or appurtenances, or any part thereof.
This transaction is in full satisfaction of all taxes, penalties, interest, and costs that have accrued
until the date hereof.
IN TESTIMONY WHEREOF, THE CITY OF LA PORTE, TRUSTEE, for the use and
benefit of itself, the LA PORTE INDEPENDENT SCHOOL DISTRICT, the SAN JACINTO
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JUNIOR COMMUNITY COLLEGE DISTRICT, and the ~ATE OF TEXAS, COUNTY OF
HARRIS has caused these presents to be executed this B;/ day of
--Sa..~ t. e. ~ 2007.
CITY OF LA PORTE, TRUSTEE
~G~
ALTON PORTER, MAYOR
THE STATE OF TEXAS
s
s
s
COUNTY OF HARRIS
BEFORE ME, the undersigned authority, on this day personally appeared ALTON
PORTER, Mayor of the City of La Porte, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed same for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~ day of
.--:--
~Cl.~ ,2007.
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ST TE OF TEXAS 'J/r 0
My Commission Expires: /. (3 p?
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After Recording
Return To: City of La Porte
2006 Home Program
604 W. Fairmont Parkway
La Porte, TX 77571
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0fIIciaI Pwblc RecaIds Of Real PnItlinY of HaIriI County Texas on
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COUNTY ClERK
HARRIS COUNTY. TEXAS
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RELEASE OF LIEN
20017004.1. 9~56
01/22/2007 RPl 516.00
STATE OF TEXAS
COUNTY OF HARRIS
WHEREAS; the City of La Porte, a municipal corporation in Harris County, Texas, had certain
valuable work or improvements to wit: the cutting of weeds or brush, the filling of pools, the
removal of trash, or other objectionable or unsanitary matter, or the demolition of structures, to be
done with respect to the hereinafter described real property. Filed Notice of Lien against such
property for the reasonable value of such work done or improvements made:
NOW, THEREFORE, the City of La Porte, a municipal corporation in Harris County, Texas, in
consideration of the payment to it, the owner and holder of the hereinabove mentioned lien, of the
full amount thereof, does hereby RELEASE the hereinafter described real property from such lien,
to-wit:
Legal Description: Block 66, Lots 3; La Porte
\
HCAD #: 023 197 066 0003
Date(s) Lien(s) Filed and Reference Number(s): January 23,1989 - M018619; September 25,
1989 - M334038.
And the City of La Porte does hereby acknowledge the full and entire payment of the lien above
referred to and does hereby declare the land and premises herein above described and the real and
true owners thereof to be fully RELEASED, DISCHARGED AND ACQUITTED of all and every
lien, debt, claim or obligation whatsoever, incident to, or in any manner related to, or arising from
the work done or improvements made to said herein above described property.
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IN TESTIMONY OF WHICH the CITY OF LA PORTE has caused this RELEASE to be
executed on the 9th day of October 2006.
RECORDER'S MEM~~tn~~~~~t wit CITY OF LA PORTE
At the 11m€: of recordatlO~the besl photographiC
found 10 be tnadeqU~~efgf illegibility, carbon or :G
p~f~~p~~=~:~ ~~:rp~~e~~la~I~~~
addit~~Si~~rument was filed and recorded., BY: M c
STATE OF TEXAS Assi
COUNTY OF HARRIS
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This instrument was acknowledged before me on the 9th day of October 2006
LORE DOUGHTY
~ PublIc, State of Texas
My CommiuIon Expires:
...... t3, 2007
APPROY.ED: /1
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Jt~~~ti~
City Attorney
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RELEASE OF LIEN
20 () "7 01 0 4.. ::lL of:? :'::. ..I.jj.
Oi/22/2007 RPl 516.00
STATE OF TEXAS
COUNTY OF HARRIS
WHEREAS; the City of La Porte, a municipal corporation in Harris County, Texas, had certain
valuable work or improvements to wit: the cutting of weeds or brush, the filling of pools, the
removal of trash, or other objectionable or unsanitary matter, or the demolition of structures, to be
done with respect to the hereinafter described real property. Filed Notice of Lien against such
property for the reasonable value of such work done or improvements made:
NOW, THEREFORE, the City of La Porte, a municipal corporation in Harris County, Texas, in
consideration of the payment to it, the owner and holder ofthe herein above mentioned lien, of the
full amount thereof, does hereby RELEASE the hereinafter described real property from such lien,
to-wit:
Legal Description: Block 66, Lot 4, La Porte
\
HCAD #: 023 19706600033
Date(s) Lien(s) Filed and Reference Number(s): August 2, 1990- M754732; May 3, 1993-
P210482; July 26, 1994- P976601; July 26, 1994- P976608; July 26, 1994- P976609; January 8,
1996-R738171; September 3,1996- S097241
\it ()\)
And the City of La Porte does hereby acknowledge the full and entire payment of the lien above
referred to and does hereby declare the land and premises herein above described and the real and
true owners thereof to be fully RELEASED, DISCHARGED AND ACQUITTED of all and every
lien, debt, claim or obligation whatsoever, incident to, or in any manner related to, or arising from
the work done or improvements made to said herein above described property.
Y"\ (}. r)J
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IN TESTIMONY OF WHICH the CITY OF LA PORTE has caused this RELEASE to be
executed on the 31 st day of October 2006.
CITY OF LA PORTE
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STATE OF TEXAS
COUNTY OF HARRIS
~
BY: ~~
Michae 01 y
Assis !Directo, of FinanY
This instrument was acknowledged before me on the 31 st day of October 2006.
RECORDER'S MEMORANDUM:~ .
At the time of recordation. this instrument ~
found to be inadequate for the ~~l photographiC
reproduction because of Illegibility. carbon or
photo copy. discolored paper. etc. All blockquts
additions and changes were present at the time
the instrument was filed and recorded.
APPROVED:
~
Knox Askins
City Attorney
LORE DOUGHTY
Notary Public, s.r. of Texas
My Commlulon Expires;
.1'....... ta. 2007
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JAN 2 2 2007
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PUBlIYEUE fllXlt1lal PACE B MIlMD\lfQmaElN8fBIM.\M.
THE STATE Of TEXAS
COUNTY Of HARRIS
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HARRIS COUNTY. TEXAS
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20070041. 961_
01/22/2007 RPl 120.25
THE STATE OF TEXAS
s
s
s
TAX RESALE DEED
COUNTY OF HARRIS
KNOW ALL MEN BY THESE PRESENTS that the CITY OF LA PORTE, TRUSTEE, for the
use and benefit of itself, the LA PORTE INDEPENDENT SCHOOL DISTRICT, the SAN
JACINTO COMMUNITY COLLEGE DISTRICT and THE STATE OF TEXAS, COUNTY OF
HARRIS, acting by and through its duly elected officials ("GRANTOR") as authorized by
Section 34.05, Texas Property Tax Code, for and in consideration ofthe sum ofTEN DOLLARS
AND 001100 ($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand
paid by CITY OF LA PORTE 2006 HOME PROGRAM ("GRANTEE") the receipt of which is
hereby acknowledged and confessed, has conveyed and quitclaimed and by these presents do
convey and quitclaim unto said Grantees all right, title and interest of the CITY OF LA PORTE,
THE LA PORTE INDEPENDENT SCHOOL DISTRICT, THE SAN JACINTO COMMUNITY
COLLEGE DISTRICT, AND THE STATE OF TEXAS, COUNTY OF HARRIS in the property
herein conveyed, acquired by tax foreclosure sale heretofore held, in Cause No. 2000-13259,
styled City of La Porte, La Porte Independent School District, the San Jacinto Community
College District, and Harris County vs. Bayshore National Bank, et aI, said property being
described as:
LOTS 23 AND 24, BLOCK 62, LA PORTE, AN ADDITION IN HARRIS COUNTY,
TEXAS, MORE PARTICULARLY DESCRIBED IN A DEED FILED IN THE REAL
PROPERTY RECORDS OF HARRIS COUNTY, TEXAS UNDER CLERK'S FILE
NUMBER F884519, AND COMMONLY DESCRIBED AS 211 NORTH FIRST
STREET, LA PORTE, TEXAS 77571. (ACCOUNT NUMBER 023-195-000-0023)
This conveyance is made and accepted subject to the following matters to the extent that
the same are in effect at this time: any and all rights of redemption, restrictions, covenants,
conditions, easements, encumbrances and outstanding mineral interests, if any, relating to the
hereinabove described property, but only to the extent they are still in effect, shown of record in
the hereinabove mentioned County and State, and to all zoning laws, regulations and ordinances
of municipal and/or other governmental authorities, if any but only to the extent that they are still
in effect, relating to the hereinabove described property.
TO HAVE AND TO HOLD said premises, together with all and singular the rights,
privileges and appurtenances thereto in any manner belonging unto the said BLOCK GRANT
PROGRAM, its successors and assigns forever, so that neither the CITY OF LA PORTE, THE
LA PORTE INDEPENDENT SCHOOL DISTRICT,THE SAN JACINTO JUNIOR
COMMUNITY COLLEGE DISTRICT, AND THE STATE OF TEXAS, COUNTY OF
HARRIS any person claiming under it shall at any time hereafter have, claim or demand any
right or title to the aforesaid premises or appurtenances, or any part thereof.
This transaction is in full satisfaction of all taxes, penalties, interest, and costs that have
accrued until the date hereof.
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IN TESTIMONY WHEREOF, THE CITY OF LA PORTE, TRUSTEE, for the use and
benefit of itself, the LA PORTE INDEPENDENT SCHOOL DISTRICT, the SAN JACINTO
JUNIOR COMMUNITY COLLEGE DISTRICT, and the STATE OF TEXAS, COUNTY OF
HARRIS has caused these presents to be executed this 6~ day of
3" CM\~ 2007.
~~
ALTON PORTER, MAYOR
THE STATE OF TEXAS
9
9
9
COUNTY OF HARRIS
BEFORE ME, the undersigned authority, on this day personally appeared ALTON
PORTER, Mayor of the City of La Porte, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed same for the
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purposes and consideration therein expressed and in the capacity therein stated.
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GIVEN UNDER MY HAND AND SEAL OF OFFICE this
~Q.~~
,2007.
~
day of
KATHEflNE R POWEu.
MY COMMISSION EXPIRES
DIoember 13, 2007
N i\RY PUBLIC, in and for the
STATE OF TEXAS ~
My Commission Expires: I ~?
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After Recording / /
Return To: City of La Porte
2006 Home Program
604 W. Fairmont Parkway
La Porte, TX 77571
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HARRIS COUNTY. TEXAS
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RELEASE OF LIEN
....,.O.-.7004195~
01/22/2007 RPl $16.uO
STATE OF TEXAS
COUNTY OF HARRIS
WHEREAS; the City of La Porte, a municipal corporation in Harris County, Texas, had certain
valuable work or improvements to wit: the cutting of weeds or brush, the filling of pools, the
removal of trash, or other objectionable or unsanitary matter, or the demolition of structures, to be
done with respect to the hereinafter described real property. Filed Notice of Lien against such
property for the reasonable value of such work done or improvements made:
NOW, THEREFORE, the City of La Porte, a municipal corporation in Harris County, Texas, in
consideration of the payment to it, the owner and holder of the hereinabove mentioned lien, of the
full amount thereof, does hereby RELEASE the hereinafter described real property from such lien,
to-wit:
Legal Description: Block 62, Lots 23-24; La Porte
HCAD #: 0231950000023
Date(s) Lien(s) Filed and Reference Number(s): May 3, 1993-P2l0482; October 5, 1994-
R088054; October 16, 2001- V36l67l
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And the City of La Porte does hereby acknowledge the full and entire payment of the lien above
referred to and does hereby declare the land and premises herein above described and the real and
true owners thereof to be fully RELEASED, DISCHARGED AND ACQUITTED of all and every
lien, debt, claim or obligation whatsoever, incident to, or in any manner related to, or arising from
the work done or improvements made to said herein above described property.
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IN TESTIMONY OF WHICH the CITY OF LA PORTE has caused this RELEASE to be
executed on the 9th day of October 2006.
CITY OF LA PORTE
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STATE OF TEXAS
COUNTY OF HARRIS
BY: ~~ f#-
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Assis t Finance Director
This instrument was acknowledged before me on the 9th day of October 2006.
RECORDER'S
At the time ot record ~EMqR.A NDUM:
found to be inadequa,:';gnih thIS Instrument wat
Ph~fcJ::'~~7s~erause or iII~~,W'~~raphiC
aQdition~ and chano~:~ ~aper, etc. All b'OC~~ts
the Instrument was fiT'de present a'the time
e and recorded.
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APPROVED: . i
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City Attorney
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Notary Public, State of Texes
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TtlE STATE OF TEXAS
COUNlY OF I1ARRI8
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COUNlY CLERK
HARRlSCOUHTY. TEXAS
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01122/2007 RF'l $20.25
THE STATE OF TEXAS
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TAX RESALE DEED
COUNTY OF HARRIS
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KNOW ALL MEN BY THESE PRESENTS that the CITY OF LA PORTE, TRUSTEE, for the l'~J /
use and benefit of itself, the LA PORTE INDEPENDENT SCHOOL DISTRICT, the SAN SfJ't/
JACINTO COMMUNITY COLLEGE DISTRICT and THE STATE OF TEXAS, COUNTY OF
HARRIS, acting by and through its duly elected officials ("GRANTOR") as authorized by
Section 34.05, Texas Property Tax Code, for and in consideration ofthe sum ofTEN DOLLARSp
, AND 00/100 ($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand
paid by CITY OF LA PORTE 2006 HOME PROGRAM ("GRANTEE") the receipt of which is
hereby acknowledged and confessed, has conveyed and quitclaimed and by these presents do
convey and quitclaim unto said Grantees all right, title and interest ofthe CITY OF LA PORTE,
THE LA PORTE INDEPENDENT SCHOOL DISTRICT, THE SAN JACINTO COMMUNITY
COLLEGE DISTRICT, AND THE STATE OF TEXAS, COUNTY OF HARRIS in the property
herein conveyed, acquired by tax foreclosure sale heretofore held, in Cause No. 1997-21647,
styled City of La Porte, La Porte Independent School District, the San Jacinto Community
College District, and Harris County vs. Claudia Brown, said property being described as:
LOTS 21, 22 AND 23, BLOCK 63, LA PORTE, LYING AND SITUATED IN HARRIS
COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED
IN THE REAL PROPERTY RECORDS OF HARRIS COUNTY, TEXAS, AND
COMMONLY DESCRIBED AS 207 N. SECOND STREET, LA PORTE, TEXAS
77571. (ACCOUNT NUMBERS 023-196-063-0030 & 023-196-063-0022)
This conveyance is made and accepted subject to the following matters to the extent that
the same are in effect at this time: any and all rights of redemption, restrictions, covenants,
conditions, easements, encumbrances and outstanding mineral interests, if any, relating to the
hereinabove described property, but only to the extent they are still in effect, shown of record in
the hereinabove mentioned County and State, and to all zoning laws, regulations and ordinances
of municipal and/or other governmental authorities, if any but only to the extent that they are still
in effect, relating to the hereinabove described property.
TO HAVE AND TO HOLD said premises, together with all and singular the rights,
privileges and appurtenances thereto in any manner belonging unto the said BLOCK GRANT
PROGRAM, its successors and assigns forever, so that neither the CITY OF LA PORTE, THE
LA PORTE INDEPENDENT SCHOOL DISTRICT,THE SAN JACINTO JUNIOR
COMMUNITY COLLEGE DISTRICT, AND THE STATE OF TEXAS, COUNTY OF
HARRIS any person claiming under it shall at any time hereafter have, claim or demand any
right or title to the aforesaid premises or appurtenances, or any part thereof.
This transaction is in full satisfaction of all taxes, penalties, interest, and costs that have
accrued until the date hereof.
IN TESTIMONY WHEREOF, THE CITY OF LA PORTE, TRUSTEE, for the use and
benefit of itself, the LA PORTE INDEPENDENT SCHOOL DISTRICT, the SAN JACINTO
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JUNIOR COMMUNITY COLLEGE DISTRICT, and the STATE OF TEXAS, COUNTY OF
HARRIS has caused these presents to be executed this ca~ day of
-Sc...~ 2007.
CITY OF LA PORTE, TRUSTEE
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ALTON PORTER, MAYOR
THE STATE OF TEXAS
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COUNTY OF HARRIS
BEFORE ME, the undersigned authority, on this day personally appeared ALTON
PORTER, Mayor of the City of La Porte, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed same for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 8~
NQ ARY PUBLIC, in and for the
STATE OF TEXAS 2!L ;;
My Commission Expires: I ~ ~ 7
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,2007.
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i*~~.., I~).:~ Of:Y COMMISSION EXPIRES
'\. ',;: ~J<;cernber 13, 2007
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RECORDER'S MEMORANDUM:
At the nme of recordation, this instrument wae
found to be inadequate for the best photographle
reproduction because of illegibility, C8rOOn or
photo copy, discolored paper, etc. All blochq,utt
acklltions and changes were present at the tilTle
the instrument was filed and recorded. ;
After Recording
Return To: City of La Porte
2006 Home Program
604 W. Fairmont Parkway
La Porte, TX 77571
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COUNTY ClERK
HARRIS COUNTY. TEXAS
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RELEASE OF LIEN
20070041952
01/22/2007 RP1 $16.00
STATE OF TEXAS
COUNTY OF HARRIS
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WHEREAS; the City of La Porte, a municipal corporation in Harris County, Texas, had certain
valuable work or improvements to wit: the cutting of weeds or brush, the filling of pools, the
removal of trash, or other objectionable or unsanitary matter, or the demolition of structures, to be
done with respect to the hereinafter described real property. Filed Notice of Lien against such
property for the reasonable value of such work done or improvements made:
NOW, THEREFORE, the City of La Porte, a municipal corporation in Harris County, Texas, in
consideration of the payment to it, the owner and holder of the hereinabove mentioned lien, of the
full amount thereof, does hereby RELEASE the hereinafter described real property from such lien,
to-wit:
Legal Description: Block 63, Lots 22-23; La Porte
o
HCAD #: 0231960630022
Date(s) Lien(s) Filed and Reference Number(s): June 20, 2001-VI21601; July 16, 2001-VI74887;
October 16,2001- V361671; February 25, 2002-V619456.
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And the City of La Porte does hereby acknowledge the full and entire payment of the lien above
referred to and does hereby declare the land and premises herein above described and the real and
true owners thereof to be fully RELEASED, DISCHARGED AND ACQUITTED of all and every
lien, debt, claim or obligation whatsoever, incident to, or in any manner related to, or arising from
the work done or improvements made to said herein above described property.
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IN TESTIMONY OF WHICH the CITY OF LA PORTE has caused this RELEASE to be
executed on the 9th day of October 2006.
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RECORDER'S MEMORANDUM: CITY OF LA PORTE
At the t1me of recordation, this instrument w~
found to be inadequate for the best photographIC
reproduction because of illegibility, cartlon or
photo copy, discolored paper, etc. All bl~
additions and changes were present at the time
the instrument was filed and recorded. BY:
Micha
STATE OF TEXAS Assis
COUNTY OF HARRIS
,ID {'V
This instrument was acknowledged before me on the 9th day of October 2006.
LORII DOUGHTY
NoI8ry PubIlc. State of Texas
My CommiIIIon ExpIres:
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APPROVED: J
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Knox Askins
City Attorney
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RELEASE OF LIEN
STATE OF TEXAS
20070041951
01/22/2007 RP1 $16.00
COUNTY OF HARRIS
WHEREAS; the City of La Porte, a municipal corporation in Harris County, Texas, had certain
valuable work or improvements to wit: the cutting of weeds or brush, the filling of pools, the
removal of trash, or other objectionable or unsanitary matter, or the demolition of structures, to be
done with respect to the hereinafter described real property. Filed Notice of Lien against such
property for the reasonable value of such work done or improvements made:
NOW, THEREFORE, the City of La Porte, a municipal corporation in Harris County, Texas, in
consideration of the payment to it, the owner and holder of the hereinabove mentioned lien, of the
full amount thereof, does hereby RELEASE the hereinafter described real property from such lien,
to-wit:
Legal Description: Block 63, Lot 21; La Porte
,
HCAD #: 023 196063 0030
Date(s) Lien(s) Filed and Reference Number(s): October 16,2001- V36l67l; February 25,2002-
V6l9456.
And the City of La Porte does hereby acknowledge the full and entire payment ofthe lien above
referred to and does hereby declare the land and premises herein above described and the real and
true owners thereofto be fully RELEASED, DISCHARGED AND ACQUITTED of all and every
lien, debt, claim or obligation whatsoever, incident to, or in any manner related to, or arising from
the work done or improvements made to said herein above described property.
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IN TESTIMONY OF WHICH the CITY OF LA PORTE has caused this RELEASE to be
executed on the 31 st day of October 2006.
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CITY OF LA PORTE
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STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on the 31 st day of October 2006.
. EMORANDUM:
RECORDER S ~ this instrument w~
At the tlme ?' recordat;on tne best phOtographIC
tOlJn~r~e~iI6~~~~~~e ~; iIIegi~;~f..:;a~~~~ts
p~~to COpy. ddi~~~~~ ~~:\)!esent atd: time
addition~ an ment was filed and racor '.
the Instru
M6?~
Knox Askins
City Attorney
LOIIIIE DOuciiiiY
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PlQlSllYIIB'.W (f alal CIl RAce IS MIl IIIJ lIfaaMU \IllER fBlM.lM.
THE STATE Of TEXAS
COUNtY Of ttAARIS
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HARRIS COUNTY. TEXAS
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01/22/2007 RP1 $21).25
THE STATE OF TEXAS
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TAX RESALE DEED
COUNTY OF HARRIS
KNOW ALL MEN BY THESE PRESENTS that the CITY OF LA PORTE, TRUSTEE, for the
use and benefit of itself, the LA PORTE INDEPENDENT SCHOOL DISTRICT, the SAN
JACINTO COMMUNITY COLLEGE DISTRICT and THE STATE OF TEXAS, COUNTY OF
HARRIS, acting by and through its duly elected officials ("GRANTOR") as authorized by
Section 34.05, Texas Property Tax Code, for and in consideration ofthe sum ofTEN DOLLARS
AND 001100 ($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand
paid by CITY OF LA PORTE 2006 HOME PROGRAM ("GRANTEE") the receipt of which is
hereby acknowledged and confessed, has conveyed and quitclaimed and by these presents do
convey and quitclaim unto said Grantees all right, title and interest of the CITY OF LA PORTE,
THE LA PORTE INDEPENDENT SCHOOL DISTRICT, THE SAN JACINTO COMMUNITY
COLLEGE DISTRICT, AND THE STATE OF TEXAS, COUNTY OF HARRIS in the property
herein conveyed, acquired by tax foreclosure sale heretofore held, in Cause No. 1998-33068,
styled City of La Porte, La Porte Independent School District, the San Jacinto Community
College District, and Harris County vs. Estate of Nita Moody, et aI, said property being
described as:
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LOTS 3 AND 4, BLOCK 62, TOWN OF LA PORTE, ACCORDING TO THE MAP OR
PLAT THEREOF RECORDED IN THE MAP RECORDS OF HARRIS COUNTY,
TEXAS, AND ALSO DESCRIBED IN VOLUME 126, PAGE 199, DEED RECORDS
OF HARRIS COUNTY, TEXAS, AND COMMONLY DESCRIBED AS 216 N.
SECOND STREET, LA PORTE, TEXAS 77571. (ACCOUNT NUMBER 023-195-000-
0003 )
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This conveyance is made and accepted subject to the following matters to the extent that
the same are in effect at this time: any and all rights of redemption, restrictions, covenants,
conditions, easements, encumbrances and outstanding mineral interests, if any, relating to the
hereinabove described property, but only to the extent they are still in effect, shown of record in
the hereinabove mentioned County and State, and to all zoning laws, regulations and ordinances
of municipal and/or other governmental authorities, if any but only to the extent that they are still
in effect, relating to the hereinabove described property.
TO HAVE AND TO HOLD said premises, together with all and singular the rights,
privileges and appurtenances thereto in any manner belonging unto the said BLOCK GRANT
PROGRAM, its successors and assigns forever, so that neither the CITY OF LA PORTE, THE
LA PORTE INDEPENDENT SCHOOL DISTRICT,THE SAN JACINTO JUNIOR
COMMUNITY COLLEGE DISTRICT, AND THE STATE OF TEXAS, COUNTY OF
HARRIS any person claiming under it shall at any time hereafter have, claim or demand any
right or title to the aforesaid premises or appurtenances, or any part thereof.
This transaction is in full satisfaction of all taxes, penalties, interest, and costs that have
accrued until the date hereof.
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IN TESTIMONY WHEREOF, THE CITY OF LA PORTE, TRUSTEE, for the use and
benefit of itself, the LA PORTE INDEPENDENT SCHOOL DISTRICT, the SAN JACINTO
JUNIOR COMMUNITY COLLEGE DISTRICT, and the STATE OF TEXAS, COUNTY OF
HARRIS has caused these presents to be executed this ~ day of
-SQ.~~ 2007.
Y OF LA PORTE, TRUSTEE
~X~
ALTON PORTER, MAYOR
THE STATE OF TEXAS
9
9
9
COUNTY OF HARRIS
BEFORE ME, the undersigned authority, on this day personally appeared ALTON
PORTER, Mayor of the City of La Porte, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed same for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this F)~ day of
~
-YLnJt4..1 J.j ,2007.
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THUTATE OF TEXAS 1IGRRaM....
COUNTY OF HARRIS
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STA E OF TEXAS I
My Commission Expires: f.').- /1> IVI
JAN 2 2 2007
~~~...../
COUNTY CLERK
HARRIS COUN1Y, TEXAS
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After Recording
Return To: City of La Porte
2006 Home Program
604 W. Fairmont Parkway
La Porte, TX 77571
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, 'S MEMORANDUM:
RECO.RDER . this instrument was
At the tlme 01 recordatlttne best photographIC
10und ~ be inadequate ~~ illegibility, cartlOn Of
reproducti~ becaUse er etc. All b'ockQ~te
phO~~ copy. dd\~~~~~ ~~e present atdthede t1m&
additions. an twas liIed and recor .
tie Instr\lmen
RELEASE OF LIEN
STATE OF TEXAS
20070041950
01/22/2007 RPl $16.00
COUNTY OF HARRIS
\
,
WHEREAS; the City of La Porte, a municipal corporation in Harris County, Texas, had certain
valuable work or improvements to wit: the cutting of weeds or brush, the filling of pools, the
removal of trash, or other objectionable or unsanitary matter, or the demolition of structures, to be
done with respect to the hereinafter described real property. Filed Notice of Lien against such
property for the reasonable value of such work done or improvements made:
NOW, THEREFORE, the City of La Porte, a municipal corporation in Harris County, Texas, in
consideration of the payment to it, the owner and holder of the hereinabove mentioned lien, of the
full amount thereof, does hereby RELEASE the hereinafter described real property from such lien,
to-wit:
Legal Description: Block 62, Lots 3 - 4; La Porte
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HCAD #: 0231950000003
Date(s) Lien(s) Filed and Reference Number(s): January 17, 1983- H779902; October 14, 1988-
L890000; September 25,1989 -M334038; August 02,1990- M754732; September 10,1999.
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And the City of La Porte does hereby acknowledge the full and entire payment of the lien above
referred to and does hereby declare the land and premises herein above described and the real and
true owners thereof to be fully RELEASED, DISCHARGED AND ACQUITTED of all and every
lien, debt, claim or obligation whatsoever, incident to, or in any manner related to, or arising from
the work done or improvements made to said herein above described property.
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IN TESTIMONY OF WHICH the CITY OF LA PORTE has caused this RELEASE to be
executed on the 9th day of October 2006.
BY:
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CITY OF LA PORTE
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STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on the 9th day of October 2006.
RECORDER'S MEMORANDUM:
At the Ilme of recordation. this instrument ~
found to be inadequate for the best photographiC
reproduction because of illegibility. carbOn or
photo copy. discolored paper, etc. All blockquts
additions and changes were present at the time
the instrument was filed and recorded.
APPROV]::;T): / .-i
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City Attorney
LORII DOUGHTY
NaI8ry PublIc. ... of T_
My CommiIIIon e.pn.:
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AGREEMENT .BETWEEN HARRIS COUNTY AND CITY OF LA PORTE FOR ~OlAP"~~'i
THE NORTHSIDE NEIGHBORHOOD SINGLE.FAMIL Y NEW CONSTRUCTION PROJECT
I. RECITALS
THIS AGREEMENT is made and entered into by and between HARRIS COUNTY, a body politic and corporate
under the laws of the State of Texas, herein called the "Grantee," and the City of La Porte, a Texas body politic
and corporate under the laws of the State of Texas, herein called the "Subrecipient."
WHEREAS, the Grantee has applied for and received funds from the United States Department of Housing and
Urban Development ("HUD") under the Home Investment Partnerships (HOME) Program, application number M-
05-UC-48-0215 and M-06-UC-48-0215 (2006-0050); and
WHEREAS, the primary purpose of the HOME Program pursuant to the National Affordable Housing Act of 1990
and 24 CFR S 92, is to expand the supply of decent, safe sanitary, and affordable housing with primary attention
to rental housing, for very low and low-income families; and
WHEREAS, the Grantee acknowledges the role of the Subrecipient as a "Developer," whose purpose is to
develop and construct five (5) single-family affordable homes in La Porte, Texas (the "Project") for very low and
low-income families; and
WHEREAS, the Grantee and Subrecipient desire to enter into an agreement whereby the Grantee will grant funds
to the Subrecipient for construction of the Project and increase affordable housing for very low and low-income
families of Harris County, which is an eligible activity under the rules and regulations regarding HOME grant
funds; and
WHEREAS, the Subrecipient shall ensure recognition of the role of the Grantee in providing services through this
Agreement. All activities, facilities, and items utilized pursuant to this Agreement shall be prominently labeled as
to funding source. In addition, the Subrecipient shall include reference to Harris County Community and
Economic Development Department ("HCCEDD") for the support provided herein in all publications made possible
with funds made available under this Agreement; and
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, it is agreed
between the parties hereto that:
II. SCOPE OF SERVICES
A. Eliqible Activities
The Subrecipient agrees to provide the activities described in Exhibit A, attached hereto and incorporated
herein for all purposes, in accordance with the provisions of this Agreement and in compliance with the
requirements of Title 1 of the Housing and Community Development Act of 1974 and all regulations
issued there under.
B. General Administration
1. Selection of Contractor and Subcontractors
The Subrecipient agrees and understands that all contracted and subcontracted construction
activity carried out under this Agreement shall be selected and executed pursuant to federal
procurement regulations set out in 24 C.F.R. S 85.56 and to HCCEDD policy and procurement
guidelines.
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L. Construction ~chedule and Cost ~chedule
Prior to commencement of construction, but no later than fifteen (15) days after issuance of the
Notice to Proceed, the Subrecipient shall provide the Grantee with drawings and specifications,
schedule of values, and the Critical Path Method (CPM) construction cost schedule diagram. The
Subrecipient may make changes and amendments to the drawings and specifications within the
general scope of the approved Project, as the Subrecipient deems necessary or desirable during
construction of the Project, so long as the original scope and intent of the Project is unchanged.
3. Construction Contract and Subcontractor Written Agreements
The Subrecipient is the Developer responsible for fulfilling this Agreement; as such, the
Subrecipient is responsible for entering into written agreements with the contractor and each
subcontractor who does work covered by this Agreement and incorporating into the contracts and
subcontracts any and all applicable HUD, HOME, OMB circulars, and HCCEDD requirements,
including the "Construction Policies and Guidelines," attached as Exhibit B, except as modified by
the terms of this Agreement herein.
4. Commencement and Completion of Work
The Subrecipient shall ensure that construction shall commence within ninety (90) days after
execution this Agreement and, except in cases of force majeure, shall ensure completion of
construction on or before the expiration of eleven (11) months following the commencement of
construction.
The Subrecipient shall forward to the Grantee a copy of the Notice to Proceed.
5. Temporary Project Sign
The Subrecipient shall furnish, deliver, and install one temporary Project sign according to
Grantee specifications. The Subrecipient shall ensure that the specifications are made part of the
Project manual and the cost of the Project sign is included in all bids.
6. Inspections
During the construction of the Project, the Grantee or its designee, the Subrecipient and HUD
shall have the right to review all documents, maps, plats, records, photographs, reports or plans
affecting said construction. The Subrecipient shall, at its sole expense, furnish the necessary
inspection personnel to assure itself of compliance with the construction contract. In the absence
of inspections by the Subrecipient, the Subrecipient shall be deemed to have accepted those
inspections made by the Grantee's representative, Harris County Public Infrastructure Department
(PID). PID shall have full and final authority in all construction disputes. The Subrecipient agrees
to promptly make any corrections or modifications to the construction work as reasonably
requested by the Grantee to cause the construction to comply with this Agreement and any
applicable HUD requirements.
7. Compliance with Federal, State and Local Laws and Regulations
fhe Subrecipient shall maintain documentation evidencing that this newly constructed housing
Jroject complies with all applicable federal, state and local housing quality standards and code
'equirements.
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C. Proiect Requirements
The Subrecipient agrees to maintain documentation that demonstrates that the activities carried out with
funds provided under this Agreement meet the eligible activity relating to the HOME Program at 24 C.FR.
S 92.205, which states that funds may be used by a participating jurisdiction to provide for the payment of
construction activities. Specific eligible costs for this activity are set forth in 24 C.F.R. S 92.206.
1. Property Standards
a. The Subrecipient must follow the property standards requirements of 24 C.F.R. S
92.251 for housing constructed with HOME funds. The housing must meet all
applicable local codes, ordinances and zoning ordinances, and the Grantee's
"Minimum Acceptable Standards for Single-Family New Construction," described in
Exhibit C, at the time of Project completion.
b. Newly constructed housing must meet the current edition of the Model Energy Code
(MEC) published by the Council of American Building Officials (CABO), Chapter 11
of the State of Texas' International Residential Code (IRC), and to the extent
applicable, the requirements of the Energy Star program published the United States
Environmental Protection Agency (EPA).
c. The housing must meet the accessibility requirement at 24 C.F.R. Part 8, which
implements Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and
covered multi-family dwellings, as defined at 24 C.F.R. S 100.201, must also meet
the design and construction requirements at 24 CFR. ~ 100.205, which implement
the Fair Housing Act (42 U.S.C. 3601-3619).
d. The Subrecipient must comply with site and neighborhood standards of 24 C.F.R. S
983.6(b).
2. Affirmative Marketing; Minority Outreach Program
The Subrecipient must follow the affirmative marketing procedures and requirements, in
accordance with 24 C.F.R. ~ 92.351 of the HOME Program, for HOME-assisted housing
containing five (5) or more housing units. The affirmative marketing steps consist of actions to
provide information and otherwise attract eligible persons from all racial, ethnic, and gender
groups in the housing market area to the available housing. The Grantee will annually assess the
affirmative marketing program to determine the success of affirmative marketing actions and any
necessary corrective actions. HCCEDD's Affirmative Marketing Policy and Procedures are found
in Exhibit D.
D. Performance Monitorinq
The Grantee will monitor and compare the performance of the Subrecipient against goals and
performance standards required herein. Substandard performance, as determined by the Grantee or
HUD, will constitute noncompliance or breach of this Agreement. If action to correct such substandard
performance is not taken by the Subrecipient within a reasonable period of time after being notified by the
Grantee, remedies for noncompliance, including Agreement termination procedures, will be initiated
pursuant to 24 C.F.R. S 85.43.
The Subrecipient agrees to cooperate in periodic site visits and annual Program and financial monitoring
visits which HCCEDD staff and/or Harris County Auditor's staff will conduct. The Subrecipient also
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agrees to be cooperative with monitoring and/or investigations performed by HUD and to fully comply with
their findings and recommendations.
Any non-compliance findings identified during said monitoring visits must be brought into compliance by
the Subrecipient within a reasonable period of time as determined by the Grantee. Failure by the
Subrecipient to respond in a timely manner will result in further corrective action by HCCEDD including,
but not limited to, termination of this Agreement.
E. Leveraqed Funds
The Subrecipient shall maintain and make available for review by Grantee source documentation for any
leveraged funds contained in Exhibit B of this Agreement.
III. TIME OF PERFORMANCE
Services of the Subrecipient shall start within seven (7) days after the date of this Agreement. The
Subrecipient shall ensure the commencement and completion of construction of the Project within the
period specified in Section II (B) (4) of this Agreement. This Agreement may only be extended upon
written request to and approval from the Director of HCCEDD or his designee. In addition, the
Subrecipient's covenants and agreements shall extend for five (5) years after the funds provided for this
Project are fully spent, in accordance with 24 C.F.R. S 92.508(c) and with applicable OMB Circulars.
IV. EXPENSES AND PAYMENT
A. Budqet
The Subrecipient has submitted a detailed budget in a form and content prescribed by the Grantee, which
is attached as Exhibit B.
B. Requestinq a Budqet Revision
Any proposed reallocation of funds must be treated as a Budget Revision requiring approval of the
Grantee. The Subrecipient must provide narrative justification of revisions on letterhead and signed by the
representative, as stated in Exhibit A. A revision is not approved for expenditure until the Subrecipient
receives written approval from HCCEDD. Upon approval the Subrecipient will provide a revised Exhibit B
to HCCEDD.
C. Maximum Amount to be Paid
It is expressly agreed and understood that the total amount to be paid by the Grantee under this
Agreement shall not exceed the amount shown in Exhibit B, in the section entitled "Maximum Amount to
be Paid Under this Agreement."
D. Payment Continqent on Receipt of Funds bv HUD
It is expressly understood that the Grantee has no County funds for the payment of services to be
rendered under this Agreement other than specified in Exhibit B, and the Grantee's payment obligation
under this Agreement is contingent upon receipt of funds from HUD by virtue of the above mentioned
Grant(s}. Accordingly, notwithstanding anything herein to the contrary, the maximum liability of the
Grantee under this Agreement shall not exceed the amount shown in Exhibit B, in the section entitled
"Maximum Amount to Paid Under this Agreement" or the amount actually received by the Grantee from
HUD, pursuant to the Grant(s}, whichever is less; and the Subrecipient, by execution of this Agreement,
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acknowledges its understanding ot this tact.
E. Payment for Eliqible Expenses
The Subrecipient understands and agrees that the Grantee shall reimburse the Subrecipient for only
those costs that are eligible under applicable federal rules, regulations, cost principles, and other
requirements relating to reimbursement with HUD funds. The Grantee shall make available to the
Subrecipient the total costs which serve those clients from the Grantee's service areas.
All payments to the Subrecipient shall be limited to the actual out-of-pocket expenses the Subrecipient
incurs internally or becomes obligated to pay to third parties in the performance of this Agreement. No
reimbursement shall be made for goods or services received by the Subrecipient as in-kind contributions
from third parties for assistance to the Program. If indirect costs are charged, the Subrecipient shall
develop an indirect cost allocation plan for determining the appropriate Grantee share of administrative
costs and shall submit such plan to the Grantee for approval.
The total obligation of the Grantee under this Agreement shall not exceed, under any circumstances, the
amount specified in Exhibit B, in the section entitled "Maximum Amount to be Paid Under this Agreement."
F. Payment Procedures
The Grantee will reimburse the Subrecipient based upon information submitted by the Subrecipient and
consistent with any approved budget and Grantee policy concerning payment. Drawdowns for the
payment of eligible expenses and general administration shall be made against the line item budget
attached hereto as Exhibit B and in accordance with performance. Reimbursement requests must include
an invoice with required source documentation on a form approved by the Grantee and submitted on or
before the tenth (10th) working day of the month for costs incurred during the preceding month. Prior to
payment, HCCEDD and the Harris County Auditor must approve all invoices. Incorrect reimbursement
request may be returned to the Subrecipient for correction and resubmission.
Payments will be adjusted in accordance with advance fund and Program income balances available in
Subrecipient accounts (when applicable). In addition, the Grantee reserves the right to liquidate funds
available under this Agreement for costs incurred by the Grantee on behalf of the Subrecipient in
accordance with the implementation of the Scope of Services, described in Exhibit A.
G. Retainaqe
Disbursement of funds under this Agreement shall be subject to retainage provisions under Section
53.101 of the Texas Property Code, as it may be amended from time to time.
H. Supplementing a Request for Payment
A Supplemental Request amending a payment or reimbursement request may be filed with HCCEDD
within thirty (30) days after the submission or receipt of the original request. Any Supplemental Request
for payment or reimbursement submitted after thirty (30) days from the date of submission or receipt of
the original request will not be approved. No more than one Supplemental Request shall be allowed per
month.
I. Proqram Income
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The Subrecipient shall return to the Grantee all Program income, as defined at 24 C.F.R. 9 92.503,
generated by activities carried out with HOME funds made available under this Agreement.
J. Withholdinq Payments
If HUD initiates an investigation into any matter covered under this Agreement, the Grantee may withhold
all payments until the results of the investigation have been revealed and resolved. Reimbursement to the
Subrecipient will be determined upon resolution of the investigation by HUD.
K. Repayment of Ineliqible Payments
IN THE EVENT HUD DETERMINES THROUGH INVESTIGATIONS AND/OR MONITORING THAT ANY
GRANTEE PAYMENT OR REIMBURSEMENT TO THE SUBRECIPIENT IS INELIGIBLE OR
DISALLOWED, THE SUBRECIPIENT SHALL IMMEDIATELY AND WITHOUT DELAY FULLY
REIMBURSE GRANTEE, AND GRANTEE WILL REIMBURSE HUD FOR DISALLOWED OR INELlGILE
COSTS. IF HUD INFORMS GRANTEE THAT IT IS REQUIRED TO REFUND MONIES PREVIOUSLY
AWARDED OR DRAWN DOWN FROM THE U.S. TREASURY IN REFERENCE TO THIS AGREEMENT,
THE SUBRECIPIENT AGREES TO PAY AN EQUAL AMOUNT TO GRANTEE PRIOR TO THE DEMAND
DATE OF PAYBACK.
V. NOTICES
Any communication concerning this Agreement shall be directed to the representatives of the Grantee
and the Subrecipient, as provided in Exhibit A, Scope of Services.
VI. SPECIAL CONDITIONS
The Subrecipient agrees to comply with the requirements of Title 24 Part 92 of the Code of Federal
Regulations, concerning the HOME Program and all federal regulations and policies issued pursuant to
these regulations. The Subrecipient further agrees to utilize funds available under this Agreement to
supplement rather than supplant funds otherwise available.
VII. GENERAL CONDITIONS
A. Compliance
The Subrecipient agrees to comply with all applicable federal, state and local laws and regulations
governing the funds provided under this Agreement, including Executive Order 12372, governing the
review and coordination of Federally assisted programs and projects. Failure to adhere to these
conditions or with any provision of this Agreement may result in the Grantee taking one of the following
actions: (1) declaring the Subrecipient ineligible to participate for future awards; (2) withholding funds; and
(3) termination of this Agreement.
B. Security
The Subrecipient shall grant to the Grantee a subordinated lien in the property for the Project. This lien
shall be subordinated to the financing for the construction and development of the Project. Following
execution, a copy of the subordinated Deed of Trust shall be attached as Exhibit E to this Agreement.
C. Restrictive Covenants
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The Subrecipient shall execute the Regulatory Agreement and Declaration of Restrictive Covenant that
requires the Subrecipient and subsequent owners of the Project to comply with certain occupancy and use
restrictions for the duration of the affordability period for the Project. Following execution, the Regulatory
Agreement shall be attached as Exhibit F to this Agreement.
D. Independent Contractor
The Subrecipient shall at all times perform independently and not as an officer, agent, servant or
employee of Grantee. The Subrecipient shall have exclusive control of, and the exclusive right to control,
the details of the work and services performed and shall be solely responsible for the acts and omissions
of their respective officers, members, agents, servants, employees, program participants, licensees or
invitees. The doctrine of respondeat superior shall not apply as between the Grantee and the
Subrecipient, its officers, members, agents, servants, employees, program participants, licensees or
invitees, and nothing herein shall be construed as creating a Subrecipient or joint enterprise between the
Grantee and the Subrecipient. It is expressly understood and agreed that the Grantee does not have the
legal right to control the details of the tasks performed hereunder by the Subrecipient or their respective
officers, members, agents, employees, program participants, licensees or invitees.
The Grantee shall in no way nor under any circumstances be responsible for any property belonging to the
Subrecipient or their respective officers, members agents, employees, program participants, licensees or
invitees, which may be lost, stolen, destroyed or in any way damaged during the term of this Agreement.
E. Indemn'ity
The Subrecipient covenants and agrees to INDEMNIFY, HOLD HARMLESS AND DEFEND, at its
own expense, the Grantee and its officers, agents, servants and employees from and against any
and all claims or suits for property loss or damage and/or personal injury, including death, to any
and all persons, of whatsoever kind of character, whether real or asserted, arising out of or in
connection with the execution, performance, attempted performance or nonperformance of this
Agreement and/or the operations, activities and services of the Program described herein, whether
or not caused, in whole or in part, by alleged negligence of officers, agents, servants, employees
of the Subrecipient; and the Subrecipient hereby assumes all liability and responsibility of the
Grantee and its officers, agents, servants, and employees for any and all claims or suits for
property loss or damage and/or personal injury, including death, to any and all persons, of
whatsoever kind or character, whether real or asserted, arising out of or in connection with the
execution, performance, attempted performance or nonperformance of this Agreement and/or the
operations, activities and services of the Program described herein, whether or not caused in
whole or in part, by the alleged negligence of officers, agents, servants, employees of the
Subrecipient. The Subrecipient likewise covenants and agrees to and does hereby INDEMNIFY
AND HOLD HARMLESS the Grantee from and against any and all injury, damage or destruction of
property of the Grantee, arising out of or in connection with all acts or omissions of the
Subrecipient, its officers, members, agents, employees, invitees, licensees, or program
participants, including the alleged negligence of officers, agents, servants, employees of
Subrecipient.
F. Waiver of Immunity
If the Subrecipient, as a charitable or nonprofit organization, has or claims an immunity or
exemption (statutory or otherwise) from and against liability for damages or injury, including
death, to persons or property, the Subrecipient hereby expressly waives its rights to plead
defensively such immunity or exemption as against the Grantee. This section shall not be
construed to affect a governmental entity's immunities under constitutional, statutory or common
law.
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G. Insurance and Bondinq
1. Public Liability Insurance
The Subrecipient shall furnish a Certificate of Insurance as proof that it has secured and paid for
policies of public liability and automobile liability insurance covering all risks incident to or in
connection with the execution, performance, attempted performance or nonperformance of this
Agreement. The amounts of such insurance shall not be less than the maximum liability, which
can be imposed on the Grantee under the laws of the State of Texas. At present, such amounts
shall be as follows:
Property damage, per occurrence
Bodily injury or death, per person
Bodily injury or death, per occurrence
$100,000
$100,000
$300,000
The Subrecipient understands that such insurance amounts may be revised upward at the
Grantee's option and that the Subrecipient shall revise such amounts within thirty (30) days
following notice to the Subrecipient of such revisions.
2. Workers' Compensation Insurance
The Subrecipient covenants and agrees to furnish the Grantee with a Certificate of Insurance as
proof that it has obtained and paid for a policy of Workers' Compensation Insurance in the
amounts required by State law, covering any and all employees of the Subrecipient active in the
Program funded under this Agreement.
3. Documentation of Insurance Coverage
The Subrecipient shall submit to the Grantee documentation that the Subrecipient has obtained
insurance coverage as required in this Agreement prior to payment of any monies hereunder.
4. . Payment and Performance Bonding
The Subrecipient shall provide or cause to furnish the Grantee with Certificate of Insurance as
proof that it has obtained and paid for a policy of Payment Bond and Performance Bond as
required by OMB Circular A-11 0 or will have a secured Takeout Agreement.
H. Recoqnition of Grantee
The Subrecipient shall ensure recognition of the role of the Grantee in making services available through
this Agreement. All facilities, publications and other items used, made available, or made possible through
funds obtained pursuant to this Agreement shall be prominently labeled as having been funded, in total or
in part, by the HCCEDD. The Subrecipient shall maintain a "recognition file." Each instance of recognition
shall be documented by including a copy or photograph of each such instance of recognition in the file.
Original documents are the preferred, but photocopies or photographs may be used when and where
appropriate.
I. Travel
The Subrecipient must comply with Grantee travel guidelines for any travel paid for with funds provided
under this Agreement.
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J. Relocation, Acquisition and Displacement
The Subrecipient agrees to comply with 24 C.F.R. 992.353 relating to the acquisition and disposition of all
real property utilizing grant funds, and to the displacement of persons, businesses, non-profit
organizations and farms occurring as a direct result of any acquisition of real property utilizing grant funds.
The Subrecipient agrees to comply with applicable Grantee Procedures and Policies concerning
displacement of individuals from their residences, including the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970.
K. Copvriqht
If this Agreement results in any copyrightable material, the Grantee and/or Grantor agency (HUD)
reserves the right to a royalty-free, non-exclusive and irrevocable license to reproduce, publish or
otherwise use and to authorize others to use, the work for government purposes.
VIII. ADMINISTRATIVE REQUIREMENTS
A. Financial Manaqement
The Subrecipient agrees to (1) comply with requirements set out in Subpart C of OMS Circular A-102; (2)
adhere to the accounting principles and procedures required therein; (3) utilize adequate internal controls;
and (4) maintain necessary source documentation for all costs incurred. The Subrecipient shall administer
its Program in conformance with OMS Circulars A-87, "Cost Principles for State, Local and Indian Tribal
Governments," for all costs incurred whether charged on a direct or indirect basis.
S. Record-Keepinq, Reports. and Audits
1. Records to be Maintained
The Subrecipient shall maintain all records required by the federal regulations specified in 24
C.F.R. 9 92.508 and that are pertinent to the activities to be funded under this Agreement,
including but not limited to:
a. Records concerning the use by the Subrecipient of funds for operating expenses and
demonstrating compliance with 24 C.F.R. 9992.208,92.300 (e) and 92.300(fj;
b. Records demonstrating adequate budget control, in accordance with 24 C.F.R. 9
85.20, including evidence of periodic account reconciliation;
c. Records required to document the acquisition, improvement, use or disposition of
real property acquired or improved with HOME assistance;
d. Records documenting compliance with the fair housing and equal opportunity
components of the HOME program;
e. Financial records as required by 24 C.F.R. 9 92.505 and OMS Circular A-87; and
f. Other records necessary to document compliance with Subpart K of 24 C.F.R. Part
92.
2. Property Records
The Subrecipient shall maintain real property inventory records, which clearly identify rental
properties/units where tenant-based rental assistance is provided and any real properties
purchased, improved or sold. Properties retained must at all times meet eligibility criteria and
conform to the property standards of 24 C.F.R. 992.251(a). The Subrecipient must ensure that
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any independent audit required hereunder include a report on real property Inventory as a
supplemental schedule in the audit.
3. Retention
The Subrecipient shall retain all records pertinent to expenditures incurred under this Agreement
for a period of five (5) years after the termination of all activities funded under this Agreement, or
after the resolution of all Federal audit findings, which ever occurs later. Records for non-
expendable property acquired with funds under this Agreement shall be retained for five (5) years
after final disposition of such property. Records for any displaced person, as defined as by 42
U.S.C. 4601, must be kept for five (5) years after he/she has received final payment. All client
records are the property of the Grantee and must be forwarded to the Grantee at the end of each
quarter.
The Subrecipient must also comply with the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970.
Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that
involve any of the records cited and that have started before the expiration of the above-described
periods, then such records must be retained until completion of the actions and resolution of all
issues, or the expiration of the above-described periods, whichever occurs later.
4. Construction Policies, Reports and Davis-Bacon and Related Acts Requirements
The Subrecipient shall ensure that each contract subject to Federal (Davis-Bacon and Related
Acts) labor standards requirements must contain the appropriate HUD contract provisions
containing the labor standards clauses described in Exhibit G, Subpart 13. These clauses
correspond to the Department of Labor (DOL) Regulations prescribing the responsibilities of the
contractor and obligating the contractor to comply with the labor requirements. The labor
standards clauses also provide for remedies in the event of violations, including withholding from
payments due to the contractor to ensure the payment of wages or liquidated damages, which
may be found due.
The Subrecipient shall ensure compliance with the Davis-Bacon and Related Acts requirements.
The Subrecipient shall furnish or cause to furnish documents evidencing compliance with the
Davis-Bacon and Related Acts (DBRA) requirements, including but not be limited to:
a. Quarterly Employment Data Report
b. Certified Weekly Payrolls
c. Certificate From Contractor Appointing Officer or Employee to Supervise Payment of
Employees
d. Posting of Equal Employment Opportunity Poster, Notice to Employees Poster, and
Wage Decision(s)
e. Employment and Minority Business Plan
f. Certificate for Contracts, Grants, Loans and Cooperative Agreements
g. Subcontractor Profile
h. Start Work and End Work Notices
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NOTE: All of the above listed documents pertaining to the LJavis-~acon and I<elated Acts
are required to be submitted by the prime contractor, all subcontractors, and all third-tier
subcontractors without exceptions.
5. Other Periodic Reports
The Subrecipient shall furnish the following reports to the Grantee, which include, but may not be
limited to the following:
a. Monthly performance narrative shall be submitted to the Grantee at the end of each
month.
b. Certification of Contracts, Grants, Loans, and Cooperative Agreements (see Exhibit H).
Cost Control Report shall be submitted monthly to Grantee.
c. Cost Worksheet shall be submitted monthly to Grantee.
d. Reimbursement Request shall be submitted monthly to Grantee.
e. Personnel Cost Worksheet shall be submitted monthly to Grantee.
6. Deadlines
Monthly reports shall be submitted within ten (10) working days of the end of the reporting
periods.
The Subrecipient agrees to cooperate in periodic site visits and annual program and financial
monitoring visits, which will be conducted by the HCCEDD staff and/or the Harris County
Auditor's staff.
7. Audits & Inspections
All Subrecipient records relevant to any matters covered by this Agreement shall be made
available to the Grantee, its designees or the Federal government, at any time during normal
business hours, as often as the Grantee or other agency deems necessary, to audit, examine,
and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must
be fully cleared by the Subrecipient within thirty (30) days after receipt by the Subrecipient.
8. Failure to Maintain Record-Keeping, Reporting, Audit, and/or Inspection Requirements
Failure of the Subrecipient to comply with record-keeping, reporting, audits, and/or inspections is
a breach of this Agreement and funding will be withheld from the Subrecipient until such time as
the reports are timely and accurately submitted. The Subrecipient hereby agrees to have an
annual agency audit conducted in accordance with Generally Accepted Governmental Auditing
Standards (the "Yellow Book"). The contract for the audit and the scope of the audit shall be
subject to approval thereof by the HCCEDD and the Harris County Auditor. The audit must
include a statement regarding compliance with Federal Regulations, including the eligible
activities of the Program. The Grantee maintains the right to terminate this Agreement with the
Subrecipient for failure to keep records properly, submit reports for three (3) consecutive months,
and/or cooperate with audits/inspections.
C. Procurement
1. Compliance
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The Subrecipient shall comply with the (1) public notice and (2) award of contract to the lowest
and most responsible bidder procedures of the County Purchasing Act, V.T.CA, Local
Government Code ~ 262.021 et seq., concerning the purchase of equipment and shall maintain
an inventory record of all non-expendable personal property, as defined by Grantee policy, that
may be procured with funds provided hereunder. The Subrecipient shall procure materials in
accordance with the requirements of Subpart C of OMB Circular A-102, "Procurement
Standards," and shall subsequently follow Subpart C, "Property Management Standards,"
covering utilization and disposal of property.
2. Use of Real Property
Any real property under the Subrecipient's control that was acquired or improved in whole or in
part with HOME funds must either be:
a. Used by the Subrecipient to meet the eligible activity in 24 CFR ~ 92.205(a) until five
(5) years after expiration or termination of the Grantee's Agreement with HUD; or
b. Transferred to the Grantee; or
c. Disposed of in a manner, consistent with 24 CFR ~ 85.31, which results in the
amount of the then current fair market value of the property less any portion thereof
attributable to expenditures of non-HOME funds for acquisition thereof, or
improvements to, the property being reimbursed to the Grantee. Such
reimbursement is not required if disposed of more than five (5) years after the
expiration or termination of this Agreement; or
d. Further, if within five (5) years of the termination or expiration of this Agreement, the
Subrecipient ceases to use any or all personal property attributable to HOME funds
to meet an eligible activity, the personal property shall, in accordance with 24 CFR ~
85.32, either revert to the Grantee or be disposed of in accordance with the
applicable federal rules and regulations, including but not limited to OMB Circular A-
102 Subpart C; or
e. The Grantee, in its sole discretion, shall determine whether or not the Subrecipient's
use of any property meets the eligible activity contained in 24 CFR ~ 92.205(a); or
f. After the expiration of five (5) years, the Subrecipient shall have no obligation to
comply with this section regarding real or personal property.
X. LABOR AND EMPLOYMENT MATTERS
A. Civil Riqhts
1. Compliance
The Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964, as amended; Title
VII of the Civil Rights Act of 1968, as amended; Section 109 of Title 1 of the Housing and
Community Development Act of 1974; Section 504 of the Rehabilitation Act of 1973; the
Americans with Disabilities Act of 1990; the Age Discrimination Act of 1975; Executive Order
11063; and Executive Order 11246, as amended by Executive Orders 11375 and 12086, all other
applicable requirements of 24 C.F.R. ~ 92.350, Subpart H.
2. Nondiscrimination
The Subrecipient shall not discriminate against any employee or applicant for employment
because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap,
age marital status, or status with regard to public assistance. The Subrecipient shall take
Page 12 of 57
affirmative action to insure that all employment practices are free from such discrimination. Such
employment practices include but are not limited to the following: hiring, upgrading, demotion,
transfer, recruitment or recruitment advertising, layoff, termination, rates of payor other forms of
compensation, and selection for training, including apprenticeship. The Subrecipient agrees to
post in conspicuous places, available to employees and applicants for employment, notices to be
provided by the Subrecipient, setting forth the provisions of this nondiscrimination clause. The
Subrecipient shall also abide by Title IX of the Education Amendments of 1972 (20 U.s.C. ~1681
et seq.), which prohibits sex discrimination in federally assisted education programs.
3. Section 504
The Subrecipient agrees to comply with any federal regulations issued pursuant to compliance
with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 706), which prohibits discrimination
against the handicapped in any federally, assisted program.
4. Texas Architectural Barriers Act/T exas Accessibility Standards
The Subrecipient shall cause its architecUengineer to furnish documentation, prior to construction,
demonstrating that the Project meets the requirements of the Texas Architectural Barriers Act
(TABA) and Texas Accessibility Standards (TAS). The Subrecipient shall, at its sole expense,
furnish the necessary inspection personnel to assure itself of compliance with the requirements of
T ABA and T AS. The Subrecipient shall document and report the results of all inspection activities,
upon request by the Grantee. Upon completion of construction, the Subrecipient shall submit
documentation to HCCEDD from the Texas Department of Licensing and Regulation (TDLR)
indicating that the Project complies with T ABA and T AS.
B. Affirmative Action
1. Approved Plan
The Subrecipient agrees that it shall be committed to carry out, pursuant to the Grantee's
specifications, an Affirmative Action Program in keeping with the principles as provided by the
President's Executive Order 11246 of September 24, 1965. The Grantee shall provide Affirmative
Action guidelines to the Subrecipient to assist in the formulation of such program (if applicable).
The Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the
award of funds, if applicable.
2. Women/Minority Business Owned Enterprises
The Subrecipient shall use its best efforts to afford minority- and women-owned business
enterprises the maximum practicable opportunity to participate in the performance of this
Agreement. As used in this Agreement, the term "minority and women business enterprise"
means a business at least fifty-one percent (51 %) owned and controlled by minority group
members or women. For the purpose of this definition, "minority group members" are Afro-
Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian
Americans, and American Indians. The Subrecipient may rely on written representations by
businesses regarding their status as minority and women business enterprises in lieu of an
independent investigation.
3. Notifications
Page 13 of 57
The Subrecipient shall send to each labor union or representative of workers with which it has a
collective bargaining agreement or other agreement or understanding, a notice, to be provided by
the agency contracting officer, advising the labor union or worker's representative of the
Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
4. EEO/M Statement
The Subrecipient shall, in all solicitations or advertisements for employees placed by or on behalf
of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action Employer, as
applicable.
5. Subcontract Provisions
The Subrecipient shall include the provisions of Section X., A. Civil Rights, and B. Affirmative
Action, in every subcontract or purchase order, specifically or by reference, so that such
provisions will be binding upon each of the Subrecipient's subcontractors or vendor.
6. Grievance
The Subrecipient agrees to establish and maintain written procedures to address grievances or
complaints of employees or Program participants under this Agreement. The Subrecipient's
written procedures must identify Grantee contact information, as provided in Exhibit A Scope of
Services. The Subrecipient shall notify all employees and Program participants of its grievance
procedure. Such notification must include the telephone number to reach the Grantee. The
Subrecipient shall immediately notify HCCEDD of all grievances or complaints received by the
Subrecipient.
C. Labor Standards
1. Wages
The Subrecipient agrees to comply with the requirements of the Secretary of Labor issued in
accordance with the provisions of Contract Work Hours and Safety Standards Act as
supplemented by Department of Labor regulations, the Copeland "Anti-Kickback" Act [18 U.S.C.
874J, the Davis-Bacon Act [40 U.S.C. 276(a) to 276a-7], and all other applicable federal, state and
local laws and regulations pertaining to labor standards, insofar as those acts apply to the
performance of this Agreement. The Subrecipient shall maintain documentation that
demonstrates compliance with hour and wage requirements of this section. Such documentation
shall be made available to the Grantee for review upon request. The Subrecipient shall also abide
by Chapter 11 of Title 18 of the U.S. Code (18 U.S.C. 201-224), which prohibits a number of
criminal activities, including bribery, graft and conflict of interest.
2. OSHA
Where employees are engaged in activities not covered under the Occupational Safety and
Health Act of 1970, they shall not be required or permitted to work, be trained, or receive services
in buildings or surroundings or under working conditions which are unsanitary, hazardous or
dangerous to the participant's health or safety.
3. Labor
PageI4of57
According to 24 CFR ~ 92.354, every contract for the construction (rehabilitation or new
construction) of housing that includes twelve (12) or more units assisted with HOME funds must
contain a provision requiring the payment of not less than the wages prevailing in the locality, as
predetermined by the Secretary of Labor pursuant to Davis-Bacon Act (40 U.S.C. 276a - 276a-
7), to all laborers and mechanics employed in the development of any part of housing. Such
contracts must also be subject to the overtime provisions, as applicable, of the Contract Work
Hours and Safety Standards Act (40 U.S.C. 327 - 330).
4. Drug Free Workplace
All profit or non-profit agencies or organizations receiving state or federal grant funds under the
official sponsorship of the Grantee must certify on an annual basis their compliance with the
requirements of the "Drug Free-Workplace Act of 1988." Employees are specifically prohibited
from manufacturing, distributing, possessing, purchasing, and using illegal drugs or controlled
substances in the work place or in any other facility, location or transport in which the employee is
required to be present in order to perform his or her job function.
D. Prohibited Activity
The Subrecipient is prohibited from using HOME funds or personnel employed in the
administration of the Program for political activities, sectarian! religious activities, lobbying,
political patronage, and!or nepotism activities.
1. Hatch Act
The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement,
shall be in any way or to any extent engaged in the conduct of political activities in violation of
Chapter 15 of Title V United States Code.
2. Religious Organizations
The Subrecipient agrees that funds provided under this Agreement shall not be utilized for
religious activities, to promote religious interests, or for the benefit of a religious organization in
accordance with the federal regulations specified in 24 C.F.R. ~ 92.257.
E. Conflict of Interest
The Subrecipient agrees to abide by the provisions of 24 C.F.R. ~ 92.356 with respect to conflicts
of interest, and covenants that it presently has no financial interest and shall not acquire any
financial interest, direct or indirect, which would conflict in any manner or degree with the
performance of services required under this Agreement. The Subrecipient further covenants that
in the performance of this Agreement no person having such a financial interest shall be
employed or retained by the Subrecipient hereunder. These conflict of interest provisions apply
to any person who is an employee, agent, consultant, officer, or elected official or appointed
official of the Grantee, or of any designated public agencies or subrecipients that are receiving
funds under the HOME program.
In applying for HOME funds, the Subrecipient provided HCCEDD with disclosure of the nature of
any perceived or actual conflict of interests. If at any time during the course of the term of this
Agreement any actual or perceived conflict of interest arises, the Subrecipient agrees to provide a
new Conflict of Interest Disclosure Statement (Exhibit I to HCCEDD. Failure to disclose any
perceived or actual conflicts of interest may result in termination of this Agreement.
Page 15 of 57
F. Conflicts Disclosure Statement and Conflict of Interest Questionnaire
The Subrecipient agrees to comply with the provisions of Chapter 176 of the Local Government
Code with respect to conflicts of interest a local government officer or vendor may have when
contracting or seeking to contract with the Grantee. Chapter 176 of the Local Government Code
requires persons desiring to do business with the Grantee to disclose any gifts, with the
aggregate value of $250, given to any local government officer or the local government officer's
family member, or employment or other business relationship that the person may have with a
local government officer or a local government officer's family members, during the preceding
twelve (12) month period.
In applying for HOME funds, the Subrecipient provided the Grantee with disclosure of the nature
of any perceived or actual conflict of interests. The Subrecipient covenants that the Conflicts
Disclosure Statement (Exhibit I) and/or the Conflict of Interest Questionnaire (Exhibit J) have
been filed with the Grantee's records administrator, the Harris County Clerk, within the
requirements of Chapter 176 of the Local Government Code. Failure to disclose any perceived or
actual conflict of interests may result in termination of this Agreement.
G. False Claims
The Subrecipient also agrees to abide by 18 U.S.CA 286, which provides for conspiracy to
defraud the Federal Government with Respect to Claims. In addition, the Subrecipient will also
abide by the False Claims Act (31 U.S.CA 3729 et seq.); 18 U.S.CA 287 relating to False,
Fictitious and Fraudulent Claims; 18 U.S.CA 245 Federally Protected Activities; 18 U.S.CA
1001 regarding General Statements or Entries; the Program Fraud Civil Remedies Act (31
U.S.CA 3801-3812); the Federal Claims Collection Act of 1966 (31. U.S.CA 3701, 3711, 3717,
3718) as amended by the Derby Collection Act of 1982; the Meritorious Claims Act (31 U.S.CA
3702); the Tucker Act (28 U.S.CA 1346 et. seq.); the Wunderlich Act (41 U.S.CA 321-322); the
Anti-Deficiency Act (31 U.S.CA 1341 et. seq.); and Section 208(a) of the Intergovernmental
Personnel Act of 1970, as amended.
H. "Section 3" Clause
1. Compliance
The Subrecipient agrees to comply with Section 3 of the Housing and Urban
Development Act of 1968, as amended, the regulations set forth in 24 CFR Part 135, and
all applicable rules and orders issued. The Subrecipient understands that compliance
shall be a condition of the federal assistance provided under this Agreement and binding
upon the Grantee, the Subrecipient and any of the Subrecipient's subcontractors. Failure
to comply with these requirements shall subject the Grantee, the Subrecipient and any of
the Subrecipient's subcontractors, their successors and assigns, to those sanctions
specified by the Agreement through which federal assistance is provided, and as set out
in 24 C.F.R. Part 135, Subpart O. The Subrecipient agrees that no contractual or other
disability exists which would prevent compliance with these requirements.
The Subrecipient further agrees to comply with these Section 3 requirements and to
include the following language in all subcontract executed under this Agreement:
The work to be performed under this contract is a project assisted under a
program providing direct federal financial assistance from HUD and is subject to
Page 16 of 57
the requirements ot Section 3 ot the Housing and Urban Development Act of
1968, as amended, 12 U.S.C. 1701. Section 3 requires that, to the greatest
extent feasible, opportunities for training and employment be given to lower
income residents of the project area and contracts for work in connection with
the project be awarded to business concerns which are located in, or owned in
substantial part, by persons residing in the areas of the project.
2. Notifications
The Subrecipient shall send to each labor organization or representative of workers with
which it has a collective bargaining agreement or other contract or understanding, if any,
a notice advising said labor organization or worker's representative of its commitments
under this Section 3 clause and shall post copies of the notice in conspicuous places
available to employees and applicants for employment or training.
3. Subcontracts
The Subrecipient shall include this Section 3 clause in every subcontract and shall take
appropriate action pursuant to the subcontract upon a finding that the Subrecipient's
subcontractor is in violation of regulations issued by the Grantee. The Subrecipient shall
not subcontract with any subcontractor where it has notice or knowledge that the latter
has been found in violation of regulations under 24 CFR Part 135 and shall not execute
any subcontract unless the Subrecipient's subcontractor has first provided it with
preliminary statement of ability to comply with the requirements of these regulations.
I. Subcontracts
1. Approvals
The Subrecipient shall not enter into any subcontracts with any agency or individual in
the performance of this Agreement without the written consent of the Grantee prior to the
execution of such agreement.
2. Monitoring
The Subrecipient shall monitor all subcontracted services on a regular basis to assure
contract compliance. Results of monitoring efforts shall be summarized in written reports
and supported with documented evidence of follow-up actions taken to correct areas of
noncompliance.
3. Content
The Subrecipient shall cause all of the provisions of this Agreement in its entirety to be
included in and made a part of any subcontract executed in the performance of this
Agreement.
4. Selection Process
The Subrecipient shall insure that all subcontracts let in the performance of this
Agreement shall be awarded on a fair, open, and competitive manner. Executed copies
of all subcontracts shall be forwarded to the Grantee along with documentation
concerning the selection process. The Subrecipient must adopt and utilize written
Page 17 of 57
selection criteria for use in the selection of subcontractors, which selection criteria must
conform to the procurement requirements of 24 C.F.R. ~85.36.
XI. ENVIRONMENTAL CONDITIONS
A. Air and Water
The Subrecipient agrees to comply with the following regulations insofar as they apply to the performance
of this Agreement:
· Clean Air Act, 42 U.S.C.A. 7401 et seq., as amended
· Clean Water Act, 33 U.S.CA 1368
· Executive Order 11738
· Federal Water Pollution Control Act, as amended, 33 U.S.CA 1251, et seq., and 1318,
relating to inspection, monitoring, entry, reports, and information, and all regulations
guidelines issued there under
· Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R. Part 50, as
amended.
· National Environmental Policy Act of 1969 (42 U.S.CA 4321 et seq., as amended)
· HUD Environmental Review Procedures for Entities Assuming HUD Environmental
Responsibilities (24 C.F.R. Part 58).
B. Flood Disaster Protection
The Subrecipient agrees to comply with the requirements of the Flood Disaster Protection Act of 1973
(P.L.-2234) in regard to the sale, lease or other transfer of land acquired, cleared or improved under the
terms of this Agreement, as it may apply to the provisions of this Agreement.
C. Lead-Based Paint
The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance
provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR ~
92.355 and 24 CFR Part 35, and in particular Sub-Part B thereof. Such regulations pertain to all HUD-
assisted housing and require that all owners, prospective owners, and tenants of properties constructed
prior to 1978 be properly notified that such properties may include lead-based paint. Such notification
shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that
should be taken when dealing with lead-based paint poisoning, and of the advisability and availability of
blood-level screening for children under 7 years of age.
D. Historic Preservation
The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National
Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR,
Part 800, "Protection of Historic Properties," insofar as they apply to the performance of this Agreement.
In general this requires concurrence from the Texas Historical Commission and Antiquities Committee for
all rehabilitation and demolition of historic properties that are fifty (50) years old or older or that are
included on a Federal, State, or local historic property list.
E. Wildlife Protection
The Subrecipient agrees to comply with the requirements of the Endangered Species Act of 1973 as
listed in 50 C.F.R. 17.11 and 50 C.F.R. Part 402; the Lacey Act (18 U.S.C.A. 42 et seq., as amended); the
Page 18 of 57
Migratory Bird Treaty Act (16 U.S.C.A. 703-1L); the /-ish and Wildlife Coordination Act (16 U.S.C.A. 661
et seq.); Section 4(D of the Department of Transportation Act (49 U.S.C.A. 1653(D); the Federal Water
Pollution Control Act (33 U.S.C.A. 1251 et seq.); the Coastal Zone Management Act of 1972, as amended
(16 U.S.C.A. 1451); and the Safe Drinking Water Act of 1974 (42 U.S.C.A. 300f to j-10), insofar as they
apply to the performance of this Agreement.
XII. ASSIGNMENTS AND AMENDMENTS
A. Assiqnabilitv
The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written
consent of the Grantee, provided that claims for money due or to become due to the Subrecipient from
the Grantee under this Agreement may be assigned to a bank, trust company, or other financial institution
without such approval. Notice of any such assignment or transfer shall be furnished promptly to the
Grantee.
B. Amendments
The Grantee or Subrecipient may amend this Agreement at any time provided that such amendments
make specific reference to this Agreement, and are executed in writing, signed by a duly authorized
representative of each organization, and approved by the Grantee's governing body. Such amendments
shall not invalidate this Agreement, nor relieve or release the Grantee or Subrecipient from its obligations
under this Agreement.
Additionally, the Grantee may amend this Agreement to conform with federal, state or local governmental
guidelines, policies and available funding amounts, or for other reasons. If such amendment results in a
change in the funding, the scope of services, or the schedule of activities to be undertaken as part of this
Agreement, such modifications will be affected only by written amendment signed by both the Grantee
and Subrecipient.
XIII. TERMINATION OF AGREEMENT
A. Automatic Termination
This Agreement automatically terminates at the end of the time of performance as specified in Section III.
Time of Performance, of this Agreement.
B. With Cause
The Grantee may terminate this Agreement for cause, in whole or in part, if the Subrecipient fails to
comply with any term of this Agreement, or any of the rules, regulations or provisions referred to herein;
and the Grantee may declare the Subrecipient ineligible for any further participation in Grantee HOME
Program Agreements, in addition to other remedies as provided by law. If Grantee has cause to believe
the Subrecipient is in noncompliance with this Agreement or any applicable rules and regulations, the
Grantee may withhold up to twenty-five percent (25%) of said Agreement funds until such time as the
Subrecipient is found to be in compliance by the Grantee, or is otherwise adjudicated to be in compliance.
C. Partial Terminations
Partial terminations of the Scope of Services in Exhibit A may only be undertaken with the prior approval
of the Grantee.
Page 19 of 57
D. Breach of the Aqreement
Termination of this Agreement shall not relieve the Subrecipient of liability for any breach of this
Agreement that occurs prior to such termination or expiration.
F. Closeouts
The Subrecipient's obligations to the Grantee shall not end until all closeout requirements described in 24
C.F.R. ~~ 84.71 and 84.87 are completed to the satisfaction of HCCEDD and the Harris County Auditor.
Activities during this closeout period shall include, but are not limited to, making final payments, disposing
of Program assets, including the return of all unused materials, equipment, unspent cash advances,
Program income balances, and receivable accounts, and determining the custodianship of records.
G. Reversion of Assets
Upon expiration or termination of this Agreement, the Subrecipient shall transfer to the Grantee any
HOME funds on hand at the time of expiration and any accounts receivable attributable to the use of
HOME funds. For any year following the expiration or termination of this Agreement that the Subrecipient
holds personal property attributable to funds hereunder, the Subrecipient shall submit an Annual Report
of Personal Property identifying the property and its location, with such report being filed with HCCEDD
and the Harris County Auditor.
XIV. AGREEMENT REQUIREMENTS
Notwithstanding any other provision of this Agreement, the Subrecipient is required to comply with only the
federal, state, and local regulations applicable to the specific federally assisted program associated with
this Agreement.
XX. INCORPORATION OF EXHIBITS
The following documents are a part of this Agreement:
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
Exhibit J
Exhibit K
Scope of Services
Budget
Minimum Acceptable Standards for Multi-family Rental or Single family Housing
Affirmative Marketing Policy & Procedures
Deed of Trust
Regulatory Agreement and Declaration of Covenants and Restrictions
Construction Policies and Procedures
Certification for Contracts, Grants, Loans, and Cooperative Agreements
Conflicts Disclosure Statement
Conflicts of Interest Questionnaire
Lead-Safe Housing Rule
Page 20 of 57
Exhibit L
Exhibit M
Exhibit N
Exhibit 0
Affidavit of Citizenship
Builder's Certification of Energy Conservation Standards
Exhibit left intentionally blank
Regulation Reference Information
Page 21 of 57
IN WITNESS WHEREOF, the Parties have executed this Agreement this
2006.
d fAUG22200i
ay 0
ATTEST:
CITY OF LA PORTE
BY:~tLa ~
Name: r#'A a ,rife.
Title: c;~ s~cre'*".(l!
APPROVED AS TO FORM:
HARRIS COUNTY
Mike Stafford
Harris County Attorney
BY:~~
RAC EL BOA TES
Assistant County Attorney
By:'" \~ \
DA VID B. TURKEL
Director, Harris County Community and
Economic Development Department
AUDITOR'S CERTIFICATION
I hereby certify that funds are available in the amount of $457,300.00 to pay the obligation of Harris County under
this Agreement.
4n~ ~-~~
Barbara J. Schott
County Auditor
Page 22 of 57
Exhibit A
SCOPE OF SERVICES
I. APPLICATION
This Scope of Services is based on the proposal prepared and submitted by the Subrecipient through the
Harris County Community and Economic Development Department's (HCCEDD) annual Request for
Proposal (RFP) process. However, in the event of any conflict between the proposal and any provision
contained herein, this Agreement shall control. In addition to the activities listed below, the Subrecipient
agrees to operate this Project in accordance with HOME requirements and all other applicable Federal,
state and local regulations.
II. PROJECT DESCRIPTION
The Subrecipient shall be responsible for implementing the Northside Neighborhood Single-Family New
Construction project during the term of this Agreement. The scope of the project is to construct five (5)
single-family homes in the City of La Porte, Harris County, Texas. The Subrecipient shall administer all
activities in the provision of the aforementioned activities in accordance with all applicable Federal, state,
and local rules and regulations governing these funds, and in a manner satisfactory to the Grantee.
III. ACTIVITIES
The Subrecipient shall be responsible for the delivery of the activities to be performed under this
Agreement including, but not be limited to, the budget line item categories listed in the budget detail of
Exhibit B and as detailed further below:
A. Site Control
Prior to commencement of construction, the Subrecipient shall provide copies of all closing documents,
including the recorded Deed of Trust, in the name of the Subrecipient, to evidence the purchase and
transfer of ownership to the Subrecipient for approximately five (5) vacant lots of land located in the City of
La Porte, Harris County, Texas. Such land will be purchased at the Subrecipient's sole expense prior to
construction of the Project.
B. Construction
The Subrecipient shall construct five (5) affordable single-family homes at 211 North 1st, 207 and 216
North 2nd, and 210 and 224 North 6th Streets located in the City of La Porte, Harris County, Texas.
C. Marketinq Proqram
The Subrecipient shall, at its sole expense, develop and adhere to a marketing plan to ensure the
completion of the process of finding buyers, building and selling of the homes during the Time of
Performance period.
The Subrecipient shall price each home in accordance with the maximum mortgage limits specified in the
FHA Loan 203(b) Program for the Houston/Harris County Metropolitan Service Area. The Subrecipient
shall refer all questions, inquiries, or requests for down payment assistance to HCCEDD staff.
D. Matchinq Funds Requirement
Page 23 of 57
HOME Program funds used for Subrecipient construction activities are required to be matched according
to 24 C.F.R. ~ 92.218. The matching contribution must total not less than twenty-five percent (25%) of
HOME funds expended. Eligible forms of matching contributions must be met in accordance with 24
C.F.R. ~ 92.220.
The Subrecipient's required matching contribution for this Project shall equal no less than $114,325.00.
E. Service Delivery Plan
The Subrecipient shall follow the detailed work plan summary below and Project timeline to ensure
completion of the Project within the Time of Performance period.
August 2006
Contract
Begins--
October 2006
November
2006
December
2006
January 2007
February
2007
March 2007
April 2007
May 2007
June 2007
July 2007
August 2007
The Subrecipient and Grantee sign contract. The Request for
Qualifications (RFQ) process for qualified builders is posted. Pre-program
survey with residents and community leaders begins.
Five (5) building sites/lots are purchased by the Subrecipient. RFQ
reviewed by the RFQ Committee and recommendation forwarded to the
Subrecipient. Pre-program evaluation/survey with area residents and
community leaders is conducted. RFQ's are reviewed by community
leaders. The Subrecipient signs contract with consultant to assist with
marketing and application process with HCCEDD.
The Subrecipient submits building plans for review and approval by
HCCEDD. Marketing efforts begin.
After approval from HCCEDD, the Subrecipient SIgnS contract with
winning builder. "Interest" meeting event held. Partnering lending
institutions are identified. Possible applicants are directed to HCCEDD
Lending Services to begin formal process.
Application process through HCCEDD Lending Services is ongoing.
Program marketing continues. The Subrecipient is advised of potential
homebuyers' applications. Partnering lending institutions begin processing
potential homebu er a lications.
Processing of homebuyer applications continue. Lots are cleared, grubbed
arid aded to standard. Program marketing continues.
Qualified homebuyers are identified and approved for mortgage and down-
ayment rogram. Construction be ins on five (5)homes.
Program applicants are certified by HCCEDD according to HOD's HOME
guidelines. Construction continues while accounting for possible weather
delays.
Construction of the homes and certification of applicants continue.
Replacement applicants are sought if required.
Construction of the homes and certification of applicants continue.
Replacement applicants are sought if required.
Construction ends on all five (5) homes. Closing occurs and program
evaluation begins. "Key Exchange" ceremonies are scheduled and
advertised with the community and communit leaders.
Final reports are submitted to HCCEDD.
Time/Date variances to the schedule may be approved by the Director of HCCEDD or his designee if
reasonable justification is provided for the delay.
Page 24 of 57
F. Notices
All notices and communications concerning this Agreement shall be directed to the Grantee and
Subrecipient as follows:
Grantee
David B. Turkel, Director
Harris County Community and Economic
Development Department
8410 Lantern Point
Houston, Texas 77054
Subrecipient
Wayne Sabo, Director
City of La Porte Planning Department
604 W. Fairmont Parkway
La Porte, Texas 77571-6215
'II
Page 25 of 57
EXHIBIT B
BUDGET
The City of La Porte Northside Housing Affordable Single-Family New Construction Project
Maximum Amount to be Paid Under this Agreement
It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement shall
not exceed FOUR HUNDRED FIFTY SEVEN THOUSAND THREE HUNDRED DOLLARS and 00/100
($457,300.00).
Project Budget
Costs
$0
$0
$0
Match
Budget Summary
Description
HCCEDD
Personnel
Non Personnel
Subtotal
Down Payment Assistance
Acquisition
Rehabilitation
New Construction
HCPID Inspection
SI.J'~r~pipi~r1f.Reserve..F'unds
Developer Fee(10%)
Development Financing Savings
Construction Financing Savings
Marketing & Listing
$0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00
$452,300.00 $113,075.00 $0.00 $565,375.00
$5,000.00 $1,250.00 $0.00 $6,250.00
$0.00 $0.00 $0.00
$0.00 $0.00 $0.00
$0.00 $0.00 $0.00
$0.00 $0.00 $0.00
$0.00 $114,325.00 $571,625.00
$457,300.00 $114,325.00 $571,625.00
Subtotal
Project Budget Total
Page 26 of 57
EXHIBIT C
MINIMUM ACCEPTABLE STANDARDS FOR SINGLE FAMILY HOUSING
Page 27 of 57
Minimum Acceptable Standards For Single .Family
Acquisition-New Construction
The standards contained in this document establishes the Minimum Standards for a single family
home inspection for housing programs that receives federal assistance through the HCCEDD.
The Minimum Property Standards (MPS) require compliance with:
· The Housing and Urban Development Department (HUD) Minimum Property Standards
(MPS) 24 CFR 200.926.
· The National Energy Five Star Efficiency Performance Standards of 86. All new residential
and gut rehab buildings up to three stories shall be designed to meet these standards and all
procedures used for this rating (86) shall comply with the National Home Energy Rating
System guidelines. Energy Star is a system of certifying a certain level of building
performance with respect to energy efficiency.
· The International Residential Code (IRC) 2000 adopted by HCCEDD or the latest edition of
the IRC and any applicable code required by the pertaining Municipality.
· The HCCEDD Minimum Property Standards integrated into this document.
· The requirements from other governing entities such as Homeowners Association; Local and
Federal regulations pertaining to zoning, traffic, drainage, flood plains and fire.
PURPOSE
The intent of these requirements is to establish minimum standards and criteria for the health and
safety of the home's occupants and to ensure the value and the durability of the home. Homes
are the collateral for these loans and their lack of durability can increase the financial risk in the
event of default. The inspection also provides information concerning the condition of the
property at the time of the inspection.
More specifically, the model codes do not contain any minimum requirements for the durability
of suc.h items as doors, windows, gutters and downspouts, painting and wall coverings, kitchen
cabinets and carpeting. The MPS includes minimum standards for these and other items to
ensure the value of the home is not decreased by the deterioration of these components.
CONFLICTING STANDARDS [Appendix K, MPS, for Housing, 1994 Edition, 24 CFR
200.926 (2) (b)]
The MPS requirements contained in 24 CFR 200.926 do not preempt Local or State standards,
nor do they alter or affect a builder's obligation to comply with any Local or State requirements.
However, a property shall be eligible for benefits only if it complies with the requirements of this
sub-part, including any reference standards. When any of the requirements identified in 200.96c
are in conflict with a partially accepted Local or State standard code, the conflict will be resolved
by the HUD Field Office serving the jurisdiction in which the property is to be located.
Energy Star Qualified Certification
The builder or other authority must provide an Energy Star Qualified Home certificate, certifying
the home meets the Energy Star guidelines for energy efficiency as established by the U.S.
Environmental Protection Agency to Lending Services. The certificate should indicate a Home
Energy Rating System (HERS) score of at least 86. See Exhibit No.1.
PROPERTY AND SITE OVERVIEW
The property must be free of those foreseeable hazards and adverse conditions, which may affect
the health and safety of the occupants, the structural soundness of the unit or which may
impair the customary use and enjoyment ofthe property.
The dwelling unit must be provided with space necessary to assure suitable living, sleeping,
cooking and dining accommodations, sanitary facilities and facilities necessary to create a
safe, functional, healthful, durable, and energy efficient living environment.
Defective construction, poor workmanship, evidence of continuing settlement, excessive
dampness, leakage, decay, termites, or other conditions impairing the safety, sanitation or
structural soundness of the dwelling shall render the property unacceptable, until the defects
or conditions have been remedied and the probability of further damage eliminated.
PROPERTY ELEVATION
A site survey with flood elevation noted shall be required.
All buildings and structures erected in areas prone to flooding and classified as either flood
hazard or coastal high hazard areas shall be required to provide proper flood insurance
documentation.
EXTERIOR MPS
Streets
.
The property shall be provided with a safe and adequate pedestrian or vehicular access from
a public or private street.
All streets shall have an all-weather surface and usable during run off.
An all weather surface is a road surface over which emergency vehicles can pass in all types
of weather.
Private streets must be protected by permanent easements and maintained by a Homeowners
Association or joint maintenance agreement.
Streets on the site (private streets) shall provide access to all of the building for essential and
emergency use.
.
.
2
Access
Dwelling units shall have a means of access in which it is not necessary to pass through any
other unit.
The backyard shall be accessible without passing through any other unit.
For a row type dwelling, the access may be by means of alley, an easement, by passage
through the dwelling or by other acceptable means.
Service
Dwelling units shall have the capacity to be maintained individually without trespassing on
adjoining properties.
If a single drain line in the building serves more than one unit, the building drain clean outs must
be accessible from the exterior. Exterior clean-outs shall be installed in an area and in a
manner that does not create a tripping or accident hazard'.
Utilities
Utilities must be independent for each dwelling unit except that coimnon services, water, sewer,
gas, and electricity, may be provided for the dwelling units under a single mortgage or
ownership.
Dwelling units shall have separate utility service shut-offs.
Dwelling units shall have individual meters for individual utilities.
Individual utilities shall not pass over, under or through another unit.
Unless provision is made for repair and maintenance of utilities without trespass on adjoining
properties
Or legal provision is made for permanent right of access for maintenance and repair of
utilities.
Other facilities must be independent for each dwelling unit, except common services such as
laundry and storage space or heating, may be provided for two to four living unit buildings
under a single mortgage.
Power Lines
Power lines including low voltage power lines may not pass over the dwelling.
Power lines may have to be removed or repositioned.
Trees
Trees too close to the structure or threaten the structure shall be trimmed as directed by HerS or
the trees must be removed.
Generally, trees that require trimming shall have the branches cut back to the main trunk.
Trees that could damage an adjacent structure above or below the foundation shall be removed.
Trees that present a safety hazard because electrical wiring runs through them shall be trimmed
or the trees shall be removed.
Lawn
3
Lawn shall be consistent with comparable units.
Sod (grass) shall be installed as necessary to establish consistency with comparable units.
At a minimum, it shall be required that the front and both sides of the unit shall be fully
sodded up to the fence/property lines. Additional sod at other areas may be required to
establish consistency.
Additional sod may be required to stop erosion. Eroded areas shall be filled as necessary
before installing sod.
Lawn shall be appropriately mowed and trimmed at the time of inspection.
Landscaping
Shrubs, trees, and other landscaping shall be installed in a manner consistent with comparable
homes.
Shrubs, trees and other landscaping shall be installed as necessary to establish consistency with
comparable units.
Backyard/Fence
The backyard shall be fully fenced-in and shall have a fence gate.
At a minimum, the required fence shall extend from the rear and side property lines to the
rear of the structure.
The fence must completely enclose the backyard and any structure located at the back of the
property, including detached garage, storage and other structures.
The fence shall provide security and privacy.
The fence gate and gate hardware shall operate smoothly.
The fence and fence gate must be free of any irregularities.
The backyard (ground) must be reasonably graded.
Any holes or depressions shall be filled to correct drainage problems and remove safety
hazards.
If sod/grass is not present in the backyard, it shall be fairly clear and free of weeds and other wild
growth at the time of the inspection.
Trash and Debris
All trash, construction materials, discarded items and all other debris shall be completely
removed from the interior and exterior of the premises prior to the inspection.
Drainage
Surface drainage shall be diverted to a storm sewer conveyance or other approved point of
collection so as not to create a hazard.
Lots shall be graded so as to provide positive, rapid drainage of surface water away from the
perimeter walls of the dwelling and prevent ponding of water on the site.
The ground on all sides of the unit shall be elevated and should slope away from all sides of
the property for drainage.
Drainage shall be directed towards the street, alley, or easement, facilitated by elevation
around the unit.
Drainage shall not be directed to any adjacent housing or structure.
4
The sIte shall be tree ot pondmg.
Gutters, gutter extensions and downspouts must be operating as intended and securely fasten,
and shall be located and installed in a manner that does not create a tripping or accident
hazard.
Splash Blocks
When gutters and downspouts are present, splash blocks or gutter extensions to carry water away
from the foundation shall be provided.
Pavestones, gravel or other materials or combination of materials must not be substituted for
splash blocks or gutter extensions.
Splash blocks and gutter extensions shall be correctly installed.
Splash blocks, gutter extensions and downspouts shall be located and installed in a manner that
does not create a tripping or accident hazard.
Paving
The front entrance to the unit shall have a sidewalk that connects with other sidewalks or
driveways to provide access to the dwelling.
Walks, driveways and other essential paving shall be consistent with comparable units.
Sidewalks around the dwelling to the front and sides of the unit are not required. However, these
sidewalks may be required to be consistent with comparable homes in the area.
Stairways, Handrails, Decks and Guards (Exterior)
Exterior steps, stairways, and porch decks shall be structurally sound and reasonably level with
smooth and even surfaces.
Porches, balconies or raised floor surfaces located more than- 30 inches above the floor or grade
shall have handrails/guards not less than 36 inches in height.
Stairways with three or more risers should have a handrail at least on one side of the stairway.
The handgrip portion of the handrail shall be rounded smooth and safe.
Mailbox
Units must have individual mailboxes.
Or on site cluster boxes.
Address Numbers
The unit must have a minimum of 3-inch high address numbers placed on the unit and plainly
visible and legible from the street or road fronting the property.
INTERIOR MPS
Kitchen Appliances and Countertop
Kitchens shall be equipped with a minimum of:
5
One double bowl sink with hot and cold running water in the kitchen. Hot water tap should
be located on the left side.
Kitchen should have a refrigerator receptacle with an icemaker connection.
The kitchen must have laminate countertops or better and such countertops must be free of
any irregularities.
Stove/range hoods shall vent to the outside and not to the attic, crawl space or any area inside the
dwelling.
Kitchen stoves or ranges must be equipped with anti-tipping devices.
Special built-in spaces or compartments under cabinets and under countertops and in other areas
shall be equipped with the appliance it was intended to house. Stove/Range and refrigerator
are exempt.
Additional appliances installed must be installed in accordance with the manufacturer's
instructions and IRe.
Kitchen Cabinetry
· Kitchen cabinets shall be leveled and securely fastened.
· Space between cabinets and surfaces shall be appropriately filled.
· Cabinet doors, drawers and cabinetry hardware shall operate smoothly.
· Cabinets shall be free of any irregularities.
Bathroom Standards
· Bathrooms shall be equipped with a minimum of a vanity with a sink, a shower/tub unit with
hot and cold running water and a toilet. Hot water taps should be located on the left side.
Bathroom fixtures shall have at least a ten (10) year manufacturer's warranty. Builder or
other authority may have to provide said warranty before the unit is rendered acceptable.
All bath or shower compartments shall have waterproof enclosures. These enclosures can
include ceramic tile or fiberglass molded enclosures.
Enclosures shall have at least a ten (10) year manufacturer's warranty. Builder or other
authority may have to provide said warranty before the unit is rendered acceptable.
Shower compartment doors shall be intact and free of leakage.
Bathroom vanity tops shall be waterproof and free of any irregularities.
Full bathrooms shall be equipped with a bathtub and a shower.
Bathtub and shower compartments shall be adequately sealed with an appropriate sealant.
Bathrooms shall be adequately vented to the outside via ducts or by a bathroom vent window that
can be opened. Bathrooms must not be vented to the attic, crawl space, or any area inside the
dwelling.
Bathroom cabinetry shall conform to the same standards as kitchen cabinetry.
Bathroom mirrors shall be securely fastened.
Flooring
.
The kitchen and breakfast areas, dining area or dining room, bathrooms, entryways and
utility rooms should be provided with no-wax vinyl flooring or flooring covered with water
resistant material and rendered smooth and cleanable.
The living room, bedrooms, family rooms and studies/dens must be provided with floor
carpet covering.
.
6
~ Carpet may not be provided to accommodate a handicap buyer.
~ And carpet may not be provided if a higher-grade floor covering is installed, such as
ceramic floor tile or wood flooring.
· All floor coverings must be :free of any irregularities.
Interior Walls and Ceilings
· Walls must be plumb and the ceiling must be level.
· Walls and ceilings shall be uniformly painted and textured or have an appropriate covering
(panel, wallpaper, etc.).
· Walls, ceilings and wall coverings shall be :free of visible defects, such as poorly taped
seams, nail dimples, inconsistent paint and texture, buckling, or any other irregularities.
Utility Room Standards
· Washer/Dryer connections shall be provided.
· The water supply line housing shall be flush with the wall.
· The hot water connection shall be located on the left side.
· Dryer vents that pass through walls or other combustible material shall be metal and vented
to the outside.
· Enclosed washer and dryers shall be provided with an exhaust system, independent of all
other systems and shall convey moisture to the outside of the unit.
Closets
Bedrooms shall have access to a closet located in the bedroom area for storage of clothing.
Bedroom closets shall have a clothes rod and shelf.
Closets designed to be accessed through a door shall have a door.
Closet light fixtures shall not be located too close to the shelves.
~ Light fixtures too close to the shelves may cause a hazardous condition and an
impediment to the use of the shelves.
Interior Doors and Hardware
Bedroom, bathroom, closet doors and other interior doors and door hardware shall operate
smoothly.
Bedrooms and bathrooms shall be equipped with privacy door lock.
Closet doors shall be equipped with passage door hardware.
Doorbell
.
The entry door shall be equipped with a doorbell or doorknocker.
The doorbell chime shall be located in a central location, such as a hallway.
.
Ceiling Fans
The unit shall be equipped with two ceiling fans with light kits located:
7
In the living room area.
And in the master bedroom.
Telephone Connections
· The dwelling shall have at least two (2) pre-wired telephone jacks.
Cable TV Connections
The dwelling shall have at least two (2) pre-wired cable TV connections.
EXTERIOR DOORS AND WINDOWS
Exterior/Egress Doors
Exterior/Egress doors include all doors leading to the outside from the inside and leading into the
house or garage from the outside. Connecting doors leading from the inside of the dwelling into
the garage shall be considered an exterior/egress door. A vehicle door in a garage shall not be
considered an outdoor egress door (exterior door).
· All exterior/egress doors shall be readily opened from the side from which egress is to be
made without the use of a key or special knowledge or effort. This applies to connecting
doors leading from the inside into the garage.
· Exterior/Egress doors:
Shall be solid core or metal/fiberglass clad.
Shall be weather-stripped and reasonably sealed.
Shall operate smoothly.
Shall be equipped with a single key deadbolt lock and entrance lock set. Lockset shall
operate smoothly as intended.
Shall be equipped with a peep site (door viewer). May not be required, on glazed doors.
Shall have all six sides uniformly painted with an appropriate paint.
Glazed entrance doors including storm doors, sliding glass patio doors, and glazing immediately
adjacent to these doors must be safe and securely fasten.
Windows
All windows shall meet or exceed the International Energy Conservation Code.
Double pane Low E windows shall be installed.
Windows designed to open shall have a locking device and a mechanism to allow the window to
remain partially open.
Windows and window hardware shall operate smoothly.
Windows must be operational from the inside of the room without the use of keys or tools or
force greater than normal operation.
All windows designed to be open shall have insect screens.
FOUNDATIONS AND STRUCTURE
R
Foundations (slab and continuous spread footing)
Foundations shall be engineered design.
Sound, reasonably level, and free from movement.
· Free of any irregularities and visible defects.
Structural (Exterior) Walls
Structural framing and masonry shall be free from visible defects and adequately sized for
current loads.
Exterior walls cladding/siding shall be consistent with comparable homes.
Wood cladding/siding shall have at least a ten (10) year manufacturer's warranty. Builder may
have to provide warranty before the unit is rendered acceptable.
Exterior cladding - siding and trim will be intact and weather tight.
Exterior wood and fiber cement wall components shall have a full and uniform coverage of paint.
Roof Covering
The roof covering shall prevent moisture from entering and shall provide future utility, durability
and economy of maintenance.
Roofing shall be fiberglass asphalt shingles with a prorated twenty (20) year manufactured
warranty. Builder may have to provide warranty before the unit is rendered acceptable.
Flashing shall be installed at wall and roof intersections; and wherever there is a change in roof
slope or direction; and around roof openings.
Installation of gutters and downspouts shall be consistent with comparable homes.
Chimney
Chimneys shall be structurally sound, durable, smoke-tight and 'capable of conveying flue gases
to the exterior safely.
Chimney cap must be present.
Proper flashing must be present.
Masomy must be free of any defects or any irregularities.
Fireplace damper shall operate as intended.
Fireplace hearth shall be free from defects.
Gas fireplace shall have a gas shut off value in proximity.
ATTIC
Attic Ventilation
Natural ventilation of structural space such as attics must be provided to reduce the effect of
conditions of excess heat and moisture which are conductive to decay and deterioration of the
structure.
Attics will be ventilated through the roof or through other appropriate areas.
9
Attic and Wall Insulation
. An insulation certificate shall be posted and plainly visible in the attic at the time of the
inspection, certifying the insulation has been installed in conformance with the requirements
indicated on the certificate to provide thermal resistance.
In the absence of the Insulation Certificate, the builder shall provide a copy of said certificate
before rendering the unit acceptable.
At least an R-26 rated insulation should be installed in the attic/ceiling area.
Ceiling over garage may not be insulated.
Exterior framed walls shall be insulated with R-13 rated or above fiberglass insulation.
Attic Access and Attics Containing Appliances
· Attic access shall be located in a hallway or other readily accessible location with pull down
stairs.
· If the primary access is located in the garage, pull down stairs shall be provided. The pull
down stairs shall be readily accessible.
· Secondary attic accesses located in the garage may have a lid or device (scuttle) that shall be
easily removed or operated, in lieu of the pull down stairs. Primary attic access shall have
pull down stairs regardless of the location.
· At least one lighting outlet shall be provided and controlled by a wall light switch or integral
switch. The lighting shall be located near the equipment to be serviced.
· A convenience receptacle outlet shall be present to service appliances located in the attic.
· Attic containing appliances and requiring access:
~ Shall be provided with an opening and a clear and unobstructed passageway large enough
to allow the removal of the largest appliance; but not less than 30 inches high and 22
inches wide and not more than 20 feet in length.
~ The passageway to the appliances shall be continuous solid flooring and not less than 24
inches wide.
~ A level service space at least 30 inches deep and 30 inches wide shall be present along all
sides of the appliance where access is required.
~ The attic shall have an opening of at least 20 inches wide and 30 inches high.
Electrical cables and wiring shall be securely fastened.
ELECTRIC AND LIGHTING
The dwelling shall contain sufficient electrical sources to permit the use of essential appliances
while ensuring safety from fire. Each room shall have adequate natural or artificial illumination
to permit normal indoor activities and to support the health and safety of the occupants.
Lighting Outlets
Habitable Room Lighting Outlets (Light Fixtures):
At least one wall switch-controlled lighting outlet shall be installed in every habitable room and
bathroom.
10
In other than kitchens and bathrooms, one or more receptacles controlled by a wall light
switch shall be considered equivalent to the required lighting outlet.
Additional locations:
At least one wall switch controlled lighting outlet shall be installed in hallways, stairways,
attached garages and detached garages with electric power.
At least one wall switch controlled lighting outlet shall be installed to provide illumination on
the exterior side of each outdoor egress door having grade level access.
Interior stairways: a wall switch at each floor level to control the lighting outlet where the
stairway has six or more risers.
Exception: In hallway, stairways, and outdoor egress doors, remote, central, or automatic
control of lighting shall be permitted.
All common halls and stairways between living space must be well lighted with a fixture
controlled by 3-way switches at both ends ofthe hall or stairway.
In attics, under floor spaces, utility rooms, and basements, at least one lighting outlet shall be
installed where these spaces are used for storage or contain equipment that requires servicing.
The lighting outlet shall be provided at or near the equipment requiring servicing.
Receptacle Outlets in Living Areas
Generally a receptacle outlet shall be installed every 12 feet.
Receptacle Outlets in Kitchen Area
Generally a receptacle outlet shall be installed every 4 feet.
Island and peninsular counter spaces should have at least one receptacle outlet installed on each
space.
Receptacle outlets shall not be more than 18 inches above the countertop.
Other Receptacle Outlets
Appliance Receptacle Outlets: Shall be installed not more than 6 feet of the intended location of
the appliance.
Outdoor Outlets: See GFCI Section.
Laundry Areas: At least one receptacle outlet shall be installed to serve laundry appliances.
Hallways: Which are at least 10 feet or more in length shall at least have one receptacle outlet.
HV AC Outlet: See Attic Section.
Ground Fault Circuits Interrupter (GFCI Electrical Outlets)
GFCI electrical outlets should be provided in the following areas:
Bathroom: At least one GFCI outlet located on a wall that is adjacent to the lavatory basin
location.
Garage: At least one GFCI receptacle in each attached garage and in each detached garage;
including in each unfinished accessory buildings used for storage or work areas.
11
Uutdoor: At least one wall receptacle outlet accessible at grade level shall be installed outdoors
at the front and back of each dwelling unit having direct access to grade.
Kitchen: 15 to 20 ampere receptacles that serve countertop surfaces.
Bar Sink: 15 to 20 ampere receptacles that serve countertop surfaces and located within 6 feet of
the outside edge of a wet bar sink.
Exempt receptacles: Refer to IRe 2000 Sections E3802.2 and E3802.5.
Main Panel Board (Circuit Breaker Box)
The service entrance must be sized to safely service all outlets, fixtures and appliances in the unit
and appliances installed after the sale of the unit.
Electric circuit breaker panel box shall be appropriately labeled. The use or purpose of all panel
board circuits shall be legibly marked and identified on a circuit directory located on the face
or inside the door of the enclosure.
Panel box shall not be missing any knockouts.
The panel box shall be grounded at the service.
PLUMBING SYSTEM
Water Supply
The units shall be provided with a continuing and sufficient supply of safe and potable water
under adequate pressure and of appropriate quality for all household uses.
· Hot taps shall be located on the left side.
· Water supply lines to the kitchen sink, lavatory basin, water heater or other water supply
lines shall have a shut-off valve.
Drain and water line penetrations under kitchen sinks, lavatory basins, and other areas must be
adequately sealed.
· The main water shut-off valve should be located near the entrance of the water service into
the unit.
· Exterior hose connections shall be protected by backflow prevent devices (vacuum breakers).
This does not apply to water heater drain valves.
Nor water supply valves intended for connecting clothes washing machines.
The following water supply lines shall be appropriately insulated:
Lines located in the attic.
Water heater cold water supply line including water heaters located in the garage.
Exterior faucets and lines.
Water supply lines located in the exterior of the unit.
· The water meter box shall be free of stagnated water and other evidence of possible leakage.
Drain, Waste, Vent Lines
Units must have sanitary facilities and a safe method of sewage disposal.
· The drainage, waste, and vent system should be adequately sized to provide drainage and
removal of wastes.
12
· Vents should prevent pressure build-up and sewer gas from entering the unit.
Water Heaters
· Each dwelling unit shall have a gas-fired or electric water heater. The minimum capacity for
units with two bedrooms or less should be 30 gallons; larger units should have a minimum
capacity of 40 gallons.
· The water heater shall be equipped with an appropriate sized temperature and pressure relief
valve with a discharge pipe.
· A shut-off valve to the water heater cold water supply line shall be installed to shut off the
water supply to the water heater. The value shall be located at or near the water heater and
shall be readily accessible.
· The discharge pipe shall be installed to drain by gravity flow and shall terminate
atmospherically not more than 6 inches above the floor. The end of the discharge pipe should
not be threaded.
· Water heaters shall be installed in a galvanized pan or other pans listed for such use if
leakage of the water heater or connections will cause damage. The pan shall be 1.5 inches
deep.
· Water heaters located in the attic must have a drain pan.
· Water heaters stored in the garage and having an ignition source shall be elevated 18 inches
above the garage floor.
Ignition source: A flame, spark, or hot surface capable of igniting flammable vapors or
fumes. Such sources include appliance burners, burner ignition and electrical switching
devices.
HVAC
Thermostatic Controls
A thermostat that controls both heating and cooling should be located near the return air grill.
Heating Plant
Heating must be adequate for healthful and comfortable living conditions.
Fuel supply lines shall have a shutoff valve easily accessible and all piping well supported
and protected.
· 'Gas supply lines should be black iron or steel pipe.
.
.
Distribution System
.
All circulating air ducts shall be insulated including those located in attics and crawl spaces.
Air ducts shall be supported above the rafters and insulation.
Metal straps or galvanized wire shall support metal ducts at intervals not exceeding 10 feet.
Nonmetallic ducts shall be supported in accordance with the manufacturer's instructions.
.
Air Conditioning
11
· Air conditioning equipment shall be installed in accordance wIth the manufacturer's
instructions. Unless the equipment is listed for installation on a combustible surface such as
a floor, or unless the surface is protected in an approved manner, equipment shall be installed
on a surface of noncombustible construction with noncombustible material.
· Unit shall be equipped with a 12 Seer (or above) air conditioning system.
Compressor and condenser unit:
The airflow around the unit must not be obstructed.
The unit must be level and well supported with the housing intact.
The unit refrigerant line (larger line) must have the insulation intact.
The wiring and connections shall be intact.
An electric disconnect switch used for maintenance and repairs should be located within
sight of the unit. Circuit breaker at the electric panel box is acceptable.
SMOKE DETECTORS
Single and multi-station smoke detectors shall be installed in the following locations:
In each sleeping room.
Outside of each sleeping area in the immediate vicinity of the bedrooms (hallway area).
On each additional story of the dwelling.
When more than one smoke alarm is required in an individual dwelling unit the alarm devices
shall be interconnected in such a manner that the actuation of one alarm will activate all of
the alarms in the individual unit. The alarm shall be clearly audible in all bedrooms over
background noise levels with all intervening doors closed.
BEDROOM EGRESS
All bedrooms shall have adequate egress to the exterior ofthe dwelling unit. If an enclosed patio
(solid walls) covers the bedroom window, it is possible the bedroom may not qualify as a
habitable bedroom.
Security bars are acceptable if they comply with local fire codes.
Emergency escape and rescue windows with bars, grills, covers or screens must be releasable or
removable from the inside without the use of a key, tool, or force greater than normal
operation ofthe escape and rescue opening.
Occupants of a bedroom must be able to get outside the unit if there is a fire.
GARAGE
An attached garage shall have sheetrock completely installed and fully painted walls and
ceilings.
Attached garage interior walls shall conform to the same standards as interior walls and ceilings.
A detached garage may not have sheetrock completely installed and fully painted walls and
ceilings.
Vehicle doors and hardware shall operate smoothly.
14
EXHIBIT D
AFFIRMATIVE MARKETING POLICY & PROCEDURES
Page 28 of 57
HARRIS COUNTY'S
AFFIRMATIVE MARKETING POLICY AND PROCEDURES
This affirmative marketing policy pertains to all Office of Housing and Economic Development
(HCCEDD) project receiving HOME and HOME program funds for HUD-assisted housing
containing five or more units. HCCEDD will annually assess the affirmative marketing program to
determine its success and will take any necessary corrective actions.
The affirmative marketing requirements and procedures include the following:
1. HCCEDD will use the Equal Housing Opportunity logotype and/or slogan in all press releases
or notices to the public or solicitations pertaining to housing of more than five units.
2. HCCEDD will notify the local Houston Community Housing Resource Board on an annual
basis of its commitment to an affirmative marketing program.
3. HCCEDD will require owners of HUD-assisted housing of five or more units to adhere to the
following:
a) When advertising or listing vacancies, owners must use major and community newspapers,
community contacts and Equal Housing Opportunity logotypes or slogan. Owners must also
display the Fair Housing poster in high traffic areas on the premises of the assisted housing.
b) Owners must perform special outreach to persons in the housing market area who are not
likely to apply for the housing without special outreach. Targets of special outreach could
include community centers, places of worship, employment centers, housing counseling
agencies, etc.
c) HCCEDD will assess the results of efforts taken by the owners to affirmatively market the
housing units. Copies of all materials used to affirmatively market the housing and records
describing actions taken by the owner to affirmatively market the housing must be submitted to
the HCCEDD or on a quarterly basis. The quarterly report must also include information on
families residing within the property. The family information must include the following: the
number of units and monthly rent (utilities included) by bedroom size; number of tenants
remaining in place; size of household and for each head of household, age, race, sex, and
gender.
d) HCCEDD will assess the success of the affirmative marketing efforts. If the affirmative
marketing efforts do not result in attracting eligible persons from all racial, ethnic and gender-
groups in the housing market area, HCCEDD and will determine the necessary corrective
actions. Owners that fail to comply with affirmative marketing requirements will face the
possibility that housing assistance payments will be abate until corrective action is taken. If the
owner fails to take corrective action in a timely manner, the remainder of the rehabilitation loan
will be due and payable upon demand.
EXHIBIT E
DEED OF TRUST
TO SECURE PERFORMANCE
SAMPLE
Date:
,2006
Grantor:
Grantor's Mailing Address:
Trustee: Robert Eckels, County Judge of Harris County Texas (or his successor in office)
Trustee's Mailing Address (including county):
1001 Preston, Suite 911, Houston, Harris County, Texas 77002
Beneficiary: Harris County, a body politic and corporate under the laws of the State of Texas
Beneficiary's Mailing Address (including county):
1001 Preston, Suite 911, Houston, Harris County, Texas 77002
Property (including improvements):
See Exhibit A attached hereto and made a part hereof for all purposes.
Prior Lien(s) (including recording information):
Other Exceptions to Conveyance and Warranty:
Easements, rights of way and prescriptive rights, whether of record or not; all presently recorded
restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances and other instruments
that affect the property.
GRANT
On or about , 2006, and Harris County entered into an
agreement for the acquisition of land or the construction/rehabilitation/renovation of a
utilizing funds from the United States Government under Title I of the Housing
and Community Development Act of 1974. Such Agreement is sometimes called "the Agreement" in this
document.
Such Agreement was considered and approved by Commissioners Court on , 2006; the
order approving the agreement is recorded at Vol._ Page_ in the Harris County Clerk's Commissioners
Court Minutes. The Agreement and Order approving the same is incorporated in this document by reference for
all purposes.
Funds provided under the Agreement have been utilized to purchase the property by
For value received and to secure performance of the obligations of Grantor contained on the Agreement
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and in this Deed of Trust Grantor conveys the property to Trustee in trust.
If Grantor performs all the covenants of this deed of trust and the Agreement, this deed of trust shall have
no further effect, and Beneficiary shall release it at Grantor's expenses five (5) years from the date of funding, or
when such funds have been expended for the purposes of the Project, or the Project is completed as described in
Section III. TIME OF PERFORMANCE of the Agreement, which ever occurs at a later date.
Grantor warrants and agrees to defend the title to the property.
GRANTOR'S ADDITIONAL OBLIGATIONS
Grantor agrees to:
1. Keep the property in good repair and condition;
2. Pay all taxes and assessments, if any, on the property when due and provide Beneficiary with
evidence of such payment within ten days of such payment;
3. Preserve the lien's priority as it is established in this deed of trust;
4. Maintain, in a form acceptable to Beneficiary, an insurance policy that:
a. covers all improvements to their full insurable value as determined when the policy is issued and
renewed, unless Beneficiary approves a smaller amount in writing;
b. contains an 80 percent coinsurance clause;
c. provides fire and extended coverage, including windstorm coverage;
d. protects Beneficiary with a standard mortgage clause;
e. provides flood insurance at any time the property is in a flood hazard area; and
f. contains such other coverage as Beneficiary may reasonably require;
5. Comply at all times with the requirements of the 80 percent coinsurance clause;
6. Deliver the insurance policy to Beneficiary and deliver renewals to Beneficiary ten (10) days prior to
expiration;
7. If this is not a first lien, pay all prior lien Agreements and abide by all prior lien instruments;
8. Perform all obligations Grantor is required to perform in the Agreement;
9. Comply at all times with the terms of any restrictive covenants applicable to the property
10. Provide such financial reports and other documents as Beneficiary may from time to time request in
order to assure that is in compliance with this deed of trust and the
Agreement.
BENEFICIARY'S RIGHTS
1. Beneficiary may appoint in writing a substitute or successor trustee, succeeding to all rights and
responsibilities of Trustee.
2. If Grantor fails to perform any obligations, Beneficiary may perform those obligations and be
reimbursed by the Grantor on demand at Beneficiary's address for any sums so paid, including
attorney's fees, plus interest at 12 percent per annum. The sum to be reimbursed shall be secured
by this deed of trust.
3. If Grantor fails to perform any of Grantor's obligations on this deed of trust or the Agreement or if
default occurs on a prior lien note or other instrument, and the default continues after Beneficiary
gives Grantor notice of the default and the time within which it must be cured, as may be required by
law or by written agreement, then Beneficiary may:
a. request Trustee to foreclose this lien, in which case Beneficiary or Beneficiary's agent shall give
notice of the foreclosure sale as provided by the Texas Property Code as then amended; and
b. purchase the property at any foreclosure sale by offering the highest bid and then have the bid
credited on any sums owed Beneficiary.
rRUSTEE'S DUTIES
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If requested by Beneficiary to foreclose this lien, Trustee shall:
1. Either personally or by agent give notice of the foreclosure sale as required by the Texas Property
Code as then amended.
2. Sell and convey all or part of the property to the highest bidder for cash with a general warranty
binding Grantor, subject to prior liens and to other exceptions to conveyances and warranty; and
3. From the proceeds of the sale, pay, in this order:
a. expenses of foreclosure, including a commission to trustee of 5 percent of the bid;
b. to Beneficiary, the full amount of principal, interest, attorney's fees, and other charges due and
unpaid;
c. any amount required by law to be paid before payment to Grantor; and
d. to Grantor, any balance.
GENERAL PROVISIONS
1. If any of the property is sold under this deed of trust, grantor shall immediately surrender possession
to the purchaser. If Grantor fails to do so, Grantor shall become a tenant at sufferance of the
purchaser, subject to an action for forcible detainer.
2. Recitals in any Trustee's deed conveying the property will be presumed to be true.
3. Proceeding under this deed of trust, filing suit for foreclosure, or pursuing any other remedy will not
constitute an election of remedies.
4. This lien shall remain superior to liens later created.
5. If any portion of any sums owed to Beneficiary cannot be lawfully secured by this deed of trust,
payments shall be applied first to discharge that portion.
6. Grantor assigns to Beneficiary all sums payable to or received by Grantor from condemnation of all or
part of the property; from private sales in lieu of condemnation, and from damages caused by public
works or construction on or near the property. After deducting any expenses incurred, including
attorney's fees, Beneficiary may release any remaining sums to Grantor or apply such sums to
reduce any sums owed Beneficiary. Beneficiary shall not be liable for failure to collect or to exercise
diligence in collecting any such sums.
7. Grantor assigns to Beneficiary absolutely, not only as collateral, all present and future rent and other
income and receipts from the property. Leases are not assigned. Grantor warrants the validity and
enforceability of the receipts of the assignment. Grantor may, as Beneficiary's licensee, collect rent
and other income and receipts as long as Grantor is not in default under the Agreement or this deed
of trust. If Grantor defaults in performance of the Agreement or this deed of trust, Beneficiary may
terminate Grantor's license to coiled and then, as Grantor's agent, may rent the property if it is vacant
and collect all rent and other income receipts. Beneficiary neither has nor assumes any obligations
as lessor or landlord with respect to any occupant of the property. Beneficiary may exercise
Beneficiary's rights and remedies under this paragraph without taking possession of the property.
Beneficiary shall apply all rent and other income and receipts collected under this paragraph first to
expenses insured in exercising Beneficiary's rights and remedies and then to Grantor's obligations
under the Agreement and this deed of trust in the order determined by Beneficiary. Beneficiary is not
required to act under this paragraph, and acting under this paragraph does not waive any of
Beneficiary's other rights or remedies. If Grantor becomes a voluntary or involuntary bankrupt,
Beneficiary's filing a proof of claim in bankruptcy will be tantamount to the appointment of a receiver
under Texas law.
8. Interest on the debt secured by this deed of trust shall not exceed the maximum amount of
nonusurious interest that may be contracted for, taken, reserved, charged, or received under law; any
interest in excess of that maximum amount shall be credited on the principal of the debt or, if that has
been paid, refunded. On any acceleration or required or permitted payment, any such excess shall
be canceled automatically as of the acceleration or prepayment or, if already paid, credited on the
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principal of the debt or, if the principal of the debt has been paid, refunded. This provision overrides
other provisions in this and all instruments concerning the debt.
9. Grantor hereby covenants, represents and warrants to Beneficiary that Grantor's intended
occupancy, operation, and use of the Property does not and will not violate any applicable
environmental law pertaining to health or the environment, including, without limitation, the
Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. S~
9601-75 (1986) as amended by the Superfund Amendments and Reauthorization Act, Pub!. L. No.
99-499, 100 stat. 1613 (1986) ('CERCLA"), the Resource Conservation and recovery Act of 1976, 42
U.S.C. ~S 6901-91 (1985) as amended from time to time ("RCRA"), the Texas Water Code, as
amended from time to time, the Texas Solid Waste Disposal Act, as amended from time to time.
Beneficiary makes no representations or warranties whatsoever to Grantor regarding the presence or
absence of hazardous or toxic materials in, at or under the Property.
1 O. When the context requires, singular nouns and pronouns include the plural.
11. This deed of trust shall bind inure to the benefit of, and be exercised by successors in interest of all
parties.
SECURITY AGREEMENT
1. In addition to creating a deed of trust on all the real and other property described above, Grantor also
grants to Beneficiary a security interest in all property other than the realty pursuant to the Texas
Uniform Commercial Code. Grantor grants to Beneficiary a security interest in all equipment,
accounts, general intangibles, fixtures and other personal property used or acquired for use, on or in
connection with the use or operation of the Property, or otherwise related to the Property and all
products and proceeds thereof; all of which are hereinafter referred to as the Collateral for the
purposes of this section of the deed of trust. In this section of the deed of trust the Beneficiary is
sometimes called the Secured Party.
2. Debtor covenants and agrees with Secured Party that:
(a) In addition to and cumulative of any other remedies granted in this instrument to Secured Party or
the Trustee, Secured Party or the Trustee may, upon or at any time after default under the
instrument, proceed under the Uniform Commercial Code as to all or any part of the Collateral
and shall have and may exercise with respect to the Collateral all the rights, remedies and
powers of a Secured Party under the Uniform Commercial Code, including without limitation, the
right and power to sell, at public or private sale or sales, or otherwise dispose of, lease or use the
Collateral and any part or parts thereof in any manner authorized or permitted under the Uniform
Commercial Code after default by a Debtor, and to apply the proceeds thereof toward payment of
any costs expenses, attorney's fees and legal expenses incurred by Secured Party, and toward
payment of the Indebtedness in such order or manner as Secured Party may elect. Among the
rights of Secured Party, upon and after the occurrence of an event of default, and without
limitation, Secured Party shall have the right to take possession of the Collateral and to enter
upon any premise where the same may be situated for such purpose without being deemed
necessary, appropriate or desirable by Secured Party, at its option and in its discretion, to repair,
refurbish or otherwise prepare the Collateral for sale, lease other use or disposition as herein
authorized. To the extent permitted by law, Debtor expressly waives any notice of sale or other
disposition of the Collateral and any other rights or remedies of a Debtor or formalities prescribed
by law relative to sale or disposition of the Collateral or exercise of any other right or remedy of
Secured Party existing after default hereunder; and to the extent any such notice is required and
cannot be waived, Debtor agrees that if such notice is mailed, postage prepaid, to the Debtor at
the address designated at the beginning of this instrument (or if no address is designated, at
Debtor's most recent address as shown by the records of the Secured Party) at least ten (10)
days before the time of any public sale or disposition, or the date after which the Collateral will be
sold or disposed of by private sale, such notice shall be deemed reasonable and shall fully satisfy
any requirement for giving of any such notice.
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(b) Secured Party is expressly granted the right, at its option, to transfer at any time to itself, to its
nominee, the Collateral or any part thereof, and to receive the monies, income, proceeds or
benefits attributable or accruing thereto and to hold the same as security for the Indebtedness or
to apply it on the principal and interest or other amount owing on any of the Indebtedness,
whether or not then due, in such order or manner as Secured Party may elect. All rights to
marshaling of assets or sale in inverse order of alienation, including any such rights with respect
to the Collateral are hereby waived.
(c) All recitals in any instrument of assignment or any other instrument executed by Secured Party
incident to sale, transfer, assignment, lease or other disposition or use of the Collateral or any
part thereof hereunder shall be full proof of the matters stated therein, and no other proof shall be
required to establish the full legal propriety of the sale or other action or of any fact, condition or
thing incident thereto and all recitals in any instrument shall be presumed conclusively to have
performed or to have occurred.
(d) Secured Party may require Debtor to assemble the Collateral and make it available to Secured
Party at a place to be designed by Secured Party that is reasonably convenient to both parties.
All expenses of retaking, holding preparing for sale, lease, or other use or disposition, selling,
leasing or otherwise using or disposing of the Collateral and the like which are incurred or paid by
Secured Party as authorized or permitted hereunder, including also all attorney's fees, legal
expenses and costs shall be added to the Indebtedness secured by this instrument and Debtor
shall be liable therefore.
(e) Should Secured Party elect to exercise its rights under said Uniform Code as to part of the
personal property or fixtures described herein, this election shall not preclude any other exercise
of the rights and remedies granted by the other Articles of this instrument as to the remaining
personal property or fixtures.
(D Secured Party may, at its election, at any time after delivery of this instrument, sign one or more
copies hereof in order that such copies may be used as a financing statement under said Uniform
Commercial Code. Said signature by Secured Party may be placed between the last sentence of
this instrument and Debtor's acknowledgement or may follow Debtor's acknowledgement.
Secured Party's signature need not be acknowledged and is not necessary to the effectiveness
hereof as a deed of trust, mortgage, assignment, pledge, and security agreement or (unless
otherwise required by applicable law) as a financing statement.
(g) So long as any amount remains unpaid on the Indebtedness, Debtor will not execute and there
will not be filed in any public office any financing statement or statements affecting the Collateral
other than financing statements in favor of Secured Party hereunder, unless prior written specific
consent and approval of Secured Party shall have been first obtained.
(h) Secured Party is authorized to file in any jurisdiction where Secured Party deems it necessary, a
financing statement or statements and one or more continuation statement, and at the request of
Secured Party, Debtor will join Secured Party in executing one or more financing statements,
continuation statements or both pursuant to said Uniform Commercial Code in form satisfactory
to Secured Party, and will pay the cost of filing or recording in all public offices at any time and
from time to time whenever filing or recording of any financing statement, continuation statement
or this instrument is deemed by Secured Party to be necessary or desirable.
(i) Certain of the Collateral is or will become "fixtures" (as that term is defined in said Uniform
Commercial Code) on the real estate described or referred to in this instrument, and this
instrument upon being filed for record in the real estate records of the county wherein such
fixtures are situated shall operate also as a financing statement upon such of the Collateral which
is or may become fixtures.
3. Debtor further warrants and represents to Secured Party that, except for the security interest granted
hereby in the Collateral, Debtor is the legal and equitable owner and holder of the Collateral free of
any adverse claim and free of any security interest or encumbrance except only those (if any)
expressly hereinafter referred to or described, and Debtor agrees to defend the Collateral against all
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claims and demands of any person at any time claiming the same or any interest therein. LJebtor
further warrants and represents that Debtor has not heretofore signed any financing statemenl
directly or indirectly affecting the Collateral or any part thereof, and no such financing statemenl
signed by Debtor is now on file in any public office except only those statement (if any) true and
correct copies of which have been delivered to Secured Party.
4. In the event of a foreclosure sale under this deed of trust, Grantor agrees that all the property may be
sold as a whole at Beneficiary's option and that the property need not be present at the place of sale.
VENDORS LIEN
The debt evidenced by the Agreement is in part payment of the purchase of the property; the debt is secured both
by this deed of trust and by the vendor's lien on the property, which is expressly retained in a deed to Grantor of
even date. This deed of trust does not waive the vendor's lien, and the two liens and rights created by this
instrument shall be cumulative. Beneficiary may elect to foreclose under either of the liens without waiving the
other or may foreclose under both. The deed is incorporated into this deed of trust by reference.
RESTRICTIONS ON TRANSFER
If all or any part of the Property is sold, conveyed, leased for a period longer than three (3) years, leased with an
option to purchase, or otherwise sold (including by contract for deed), without the prior written consent of the
Beneficiary, then the Beneficiary may at Beneficiary's option declare the outstanding principal balance of the
Agreement, plus accrued interest, to be immediately due and payable.
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EXHIBIT F
REGULATORY AGREEMENT AND DECLARACTION OF COVENANTS AND RESTRICTIONS
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EXHIBIT G
HARRIS COUNTY COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
CONSTRUCTION POLICIES & GUIDELINES
These policies are intended to assist those Subrecipients receiving Harris County Home Investment Partnerships
(HOME) Program and Community Development Block Grant funds. They will facilitate the Subrecipient's
understanding and compliance with applicable federal and county regulations, policies and processes where the
Subrecipient is responsible for design, bidding and construction contract administration. If clarification is needed,
call Mayra Guevara at 713-578-2000.
1. If federal funds will be used to retain consultants, the Subrecipient must advertise the Request for
Qualification Statement (RFQ) in the Houston Chronicle, local area newspapers, trade magazines and/or
periodicals for a period of not less than thirty (30) days. The Subrecipient shall submit the draft RFQ to
Harris County Community and Economic Development Department (HCCEDD) for approval prior to
placing the advertisement and shall maintain a copy of the approved advertisement. The responding
consultant's SF 254 and 255 qualification statements must be submitted to HCCEDD for review prior to
commissioning the consultants. Upon approval by HCCEDD, the Subrecipient may retain consultant(s).
2. The Subrecipient shall advertise for bids for all subcontracts and lower tier subcontracts and award
contracts to the lowest and most responsible bidder(s), in compliance with the State of Texas bidding
procedures and the Sections listed below from 24 C.F.R. ~ 85:
Section 85.20 Standards for Financial Management Systems (except subparagraph a)
Section 85.36 "Procurement," except paragraph (a)
Section 85.42 "Retention and Access Requirements for Records"
3. The preliminary drawings must be within the previously approved project scope. All construction projects
must comply with Harris County requirements and the policies and procedures of Harris County's
Department of Public Infrastructure, Purchasing Agent, Auditor and HCCEDD.
4. The Subrecipient will incorporate into the construction documents any and all Department of Housing and
Urban Development requirements. Final documents must be approved by HCCEDD in writing prior to
advertising for bids.
5. Prior to award of contract, HCCEDD will review the bid documents, the bidder's qualification statements,
minority business plan and financial statements to ensure that the contractor/subcontractor has a good
contracting record, adequate capitalization, equipment, and personnel to successfully complete the
project, meets minority participation goals and that the bidder has not been debarred by HUD from
working on federal contracts.
6. The Subrecipient and HCCEDD will conduct a pre-bid meeting, bid opening, and a pre-construction
conference with the Contractor and all subcontractor(s).
7. The Subrecipient shall, at its sole expense, furnish the necessary inspection personnel to assure itself of
compliance with the construction contract. PID will have final authority in all construction disputes.
8. The Subrecipient and contractor will be responsible for preparing monthly pay requests. Preparation will
consist of a site meeting the contractor's representative to accurately determine the percentage
completion of various components of the work and time used. The Subrecipient and the contractor will
be required to sign each monthly estimate prior to being processed for payment. The Subrecipient,
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through its representative, shall ensure that the work performed by the selected contractor shall be
subject to the retainage provisions of Section 53.101 of the Texas Property Code.
9. All change orders must be approved in writing by the Subrecipient prior to any alterations or modifications
of the work or specifications. The Subrecipient will be responsible for any increase in cost based on any
change order required due to errors and/or omissions. Total aggregate changes in contract shall not
exceed twenty five percent (25%) of the original construction contract amount awarded to the lowest
and most responsible bidder.
10. The Subrecipient shall submit or cause to be submitted, weekly payrolls for general contractor and all
subcontractors to HCCEDD for review. HCCEDD will review all payrolls and conduct worker interviews
and will hold the general contractor responsible for compliance with labor, EEO and minority business
requirements. The Grantee, through HCCEDD, reserves the right to withhold funds from the general
contractor to compensate workers in accordance with the appropriate wage scales as promulgated by the
U.S. Department of Labor.
11. The Subrecipient shall cause the Project contractor to submit the following documentation to HCCEDD
prior to award of the construction contract for subcontractors:
Copy of the bid advertisement.
Copy of the bid tabulations.
Copies of all bids submitted.
Copies of bidders' bid bonds or cashiers checks, if applicable.
Copy of the minutes and attendance roster of the bid opening.
Recommendation of contractor subcontractor.
Request authorization from HCCEDD to award project to lowest and most responsible bidder.
12. The Subrecipient must submit the following documentation after award of contract:
Copy of the Payment and Performance Bond or Takeout Agreement.
Copy of "Certificate of Authority" issued by the State Board of Insurance of Texas for the surety company.
Only companies listed in the Department of the Treasury circular #570 (or most recent issue) will
be accepted.
Certification of bid award by the Subrecipient to Project contractor.
Original copy of the executed contract between the successful bidder and the Subrecipient.
Copy of the document that activates payment to Project contractor (i.e. purchase order).
Copy of subcontractor list.
Schedule of values based on standard Construction Specifications Institute (CSI) format (16 divisions)
and given in labor and materials listed separately per line item including overhead and profit for
each.
Construction schedule (Critical Path Method).
13. Davis Bacon and Related Acts Requirements
Basic labor standards compliance parameters involve the payment to construction laborers and
mechanics not less than the prevailing wage rate established in the wage determination for the type
(classification) of work and the hours of work their actually performed. Contractors and subcontractors
and any lower-tier subcontractors (employers) are required to prepare, certify and submit weekly payroll
reports reflecting all of the laborers and mechanics (employees) engaged in construction of the site of the
work. Employers may also be required to submit related documents in order to demonstrate compliance
with these standards.
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Each contract subject to Federal (Davis-Bacon) labor standards requirements must contain the
appropriate HUD contract provisions containing the labor standards clauses. These clauses correspond
to the DOL Regulations prescribing the responsibilities of the contractor and obligating the contractor to
comply with the labor requirements. The labor standards clauses also provide for remedies in the event of
violations, including withholding from payments due to the contractor to ensure the payment of wages or
liquidated damages that may be found due. These contract clauses are described below.
A. Responsibilitv of the Principal Contractor.
Basic labor standards compliance parameters involve the payment to all construction laborers and
mechanics not less than the prevailing wage rate established in the wage determination for the type
(classification) of work and the hours of work they actually perform. Contractors and subcontractors and
any lower-tier subcontractors (employers) are required to prepare, certify and submit weekly reports
reflecting all of the laborers and mechanics (employees) engaged in construction of the site of the work.
Employers may also be required to submit related documentation in order to demonstrate compliance with
these compliance parameters.
The principal contractor (also refereed to as the prime contractor) shall be responsible for the full
compliance of all employers (contractors, subcontractors, and any lower-tier subcontractors) with the labor
standards provisions applicable to the project. For ease of reference, the term "contractor" shall mean the
principal or prime contractor; "subcontractor" shall mean any and all subcontractors and lower-tier
subcontractors; and the term "employer" shall include the contractor and any subcontractors and lower-tier
subcontractors.
B. Compliance Parameters
(i) Definitions.
a. Laborer or mechanic. "Laborers" and "mechanics" are those individuals whose duties are
manual or physical in nature including workers who are performing the work of a trade (e.g.,
electrician). These terms include apprentices, trainees and helpers and, for contracts subject
to CWHSSA, watchmen and guards.
1) Working foremen. Foremen or supervisors that perform construction work and devote
more than 20% of their time as a laborer or mechanic are treated as "laborers" or
"mechanics" for labor standards purposes.
2) Exclusions. Persons whose duties are primarily administrative, managerial or clerical
are not laborers or mechanics.
b. Employee. Every person who performs the work of a laborer or mechanic is "employed"
regardless of any contractual relationship, which may be alleged to exist between a
contractor or subcontractor and such person.
See also Labor Relations Letter LR-96-01, Labor standards compliance requirements for self-employed
laborers and mechanics.
c. Apprentice. An "apprentice" is a person employed and individually registered in a bona fide
apprenticeship program, including Step-Up apprenticeship programs designed for Davis-
Bacon construction work. Bona fide programs are those that have been registered with the
DOL, Bureau of Apprenticeship and Training (BAT) or with a BAT-recognized State
Apprenticeship Agency (SAC).
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1) Probationary apprentice. A person in the first ninety (90) days of probationary
employment as an apprentice in a bona fide apprenticeship program but who has not yet
been formally registered in such program may be considered an "apprentice" provided
that the BATor SAC has certified that such person is eligible for probationary
employment as an apprentice.
2) Pre-apprentice. A person who is employed as a "pre-apprentice", that is, in a
preparatory position that may result in registration in an apprenticeship program is not
considered to be an "apprentice."
d. Trainee. A "trainee" is a person registered and receiving on-the-job training in a construction
occupation pursuant to a training program approved in advance by the BAT.
e. Wages. The term "wages" means the basic hourly rate of pay plus any contribution
irrevocably made by a contractor or subcontractor (employer) to a bona fide fringe benefit
fund, plan or program.
f. Fringe benefits include medical or hospital care, pensions on retirement or death,
compensation for injuries or illness resulting from occupational activity, or insurance to
provide any of the above; unemployment benefits, life insurance, vacation or holiday pay;
defraying costs of apprenticeship or similar programs; or other bona fide fringe benefits. In
addition to contributions, fringe benefits may reflect the rate of costs to the employer that may
be reasonably anticipated in providing bona fide fringe benefits pursuant to an enforceable
commitment to carry out a financially responsible program. Fringe benefits do not include
benefits required by other Federal, State or local law.
g. Site of work. The "site of work" is limited to the physical place or places where the
construction called for in the contract will remain when work on it has been completed. "Site
of work" includes other adjacent or nearby property used by the contractor/subcontractor in
the construction of the project (e.g., fabrication sites) provided they are dedicated exclusively
or nearly so to the performance of the contract or project, and are so located in proximity to
the actual construction location that it would be reasonable to include them.
h. Overtime. Overtime hours are defined as all hours worked on the site of the work in excess
of forty (40) hours in any workweek. Overtime hours shall be compensated at not less than
one and one-half times the regular rate of basic pay plus the straight-time rate of any
required fringe benefits.
(ii) Prevailing Wages.
All laborers and mechanics employed or working on the site of the work shall be paid
unconditionally and not less often than once a week the full amount of wages and bona fide
fringe benefits computed at rates not less than those contained in the wage determination.
Employers who do not make contributions or payments to bona fide fringe benefits funds,
plans, or programs shall pay an amount equivalent to the fringe benefit rate (if any) required
on the wage determination directly to the employee added to the basic hourly rate of pay.
a. Deductions. The employer may make payroll deductions as permitted by DOL Regulations
29 C.F.R. Part 3. These regulations prohibit the employer from requiring employees to "kick-
back" any of their earnings. Deductions may include employee obligations for income taxes,
Social Security payments, insurance premiums, retirement, savings accounts, and any other
legally-permissible deduction authorized by the employee. Deductions may also be made for
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payments on judgments and other financial obligations legally imposed against the
employee.
b. Proper classification of work. Each laborer and mechanic shall be classified in accordance
with the work classifications listed on the wage determination and the actual type of work
he/she performed and shall be paid the appropriate wage rate and fringe benefits for the
classification regardless of the level of skill.
c. Split classification. Laborers and mechanics that perform work in more than one
classification may be compensated at the rate specified for each classification provided that
the employer maintains time records that accurately set forth the time spent in each
classification in which work was performed. If accurate time records are not maintained, the
employee shall be compensated at the highest of all wage rates for the classifications in
which work was performed.
d. Additional classifications and wage rates. If the wage determination does not include a
work classification needed for the construction of the project, HUD may approve an additional
classification and wage rate.
Additional classification criteria and procedures are discussed in more detail in DOL Regulations 29 C.FR
~ 5.5 and HUD Handbook 1344.1.
(iii) Use of Apprentices and Trainees.
Apprentices and trainees may be compensated at rates less than prescribed by the wage
determination for their craft only in accordance with the following parameters.
a. Registration. The apprentice or trainee shall be individually registered in a bona fide
program certified by the SAT or a SAC.
b. Wage rates. Each apprentice and trainee shall not be paid less than the specified rate in the
registered program for his/her level of progress. If the rate specified is represented as a
percentage of the journeyworker rate for that craft, the percentage shall be applied to the
corresponding wage rate contained in the applicable wage determination.
c. Ratio to journeyworkers. The maximum number of apprentices or trainees employed on the
site of work may not exceed the ratio of apprentices or trainees to journeyworkers permitted
to the employer in the certified program. Apprentices or trainees, who are employed at the
site in excess of the allowable ratio, shall be paid the wage rate contained on the applicable
wage determination for the classification of work actually performed. Compliance with the
allowable ratio shall generally be met on a day-to-day basis.
d. De-certification. In the event the SAT or SAC withdraws approval of an apprenticeship or
trainee program, the employer shall no longer be permitted to utilize apprentices/trainees at
less than the predetermined rate for the type of work performed, unless or until an acceptable
program is approved.
C. Reportinq Requirements
(i) Payrolls and Basic Records.
Payrolls and basic records relating to such payrolls shall be maintained by each employer
with respect to his/her own workforce employed on the site of the work. The principal
contractor shall maintain such records relative to all laborers and mechanics working on the
Page 40 of 57
site of the work. Payrolls and related records shall be maintained during the course of the
construction work and preserved by the contractor and all employers for at least three (3)
years following the completion of the work. Such records shall contain:
a. The name, address and social security number of each laborer and mechanic;
b. His or her correct work c1assification(s);
c. Hourly rates of pay including rates of contributions or costs anticipated for fringe benefits;
d. Daily and weekly number of hours worked, including any overtime hours;
e. Deductions made and actual net wages paid;
f. Evidence pertaining to any fringe benefit programs;
g. Evidence of the approval of any apprenticeship or trainee program, the registration of
each apprentice or trainee and the ratios and wage rates contained in the program.
The Grantee may obtain copies of the WH-347 from the HUO Labor Relations Field staff for their
jurisdiction.
(ii) Certified Payroll Reports (CPR).
Certified weekly payroll reports (CPRs) shall be submitted with respect to each week any
contract work is performed. Each contractor and subcontractor (employer) shall prepare and
certify such payroll reports to demonstrate compliance with the labor standards requirements.
The principal contractor is responsible for full compliance with regard to its own workforce
and with regard to the compliance of every subcontractor. For this reason, all CPRs and any
related records are submitted to the LCA through the principal contractor.
a. CPR format. CPR information may be submitted in any form provided that the LCA Labor
Standards Designee can reasonably interpret the information to monitor employer
compliance with the labor standards. Employers are encouraged to utilize DOL Payroll Form
WH-347. The LCA shall make available to each principal contractor a limited number of
copies of the WH-347 for the contractor's reproduction and use.
b. Submission requirements. CPRs shall be submitted for each contractor/subcontractor
employer beginning with the first week such employer performs work on the site of the work.
CPRs shall be submitted promptly following the close of each such pay week.
c. CPR preparation. CPRs for each employer shall be numbered sequentially beginning
with "1." The CPR for the last week of work to be performed on the project by each employer
shall be clearly marked "Final."
1) Employee information. The first payroll on which each employee appears shall contain
the employee's name, address and Social Security Number. Thereafter, the address and
Social Security Number only need to be reported if there is a change in such information.
2) Apprentices or Trainees. The first payroll on which any apprentice or trainee appears
shall be accompanied with a copy of that apprentice or trainee's registration in an
approved program. A copy of the approved program pertaining to the wage rates and
rations shall also accompany the first CPR on which the first apprentice or trainee
appears.
Page 41 of 57
3) Split classifications. The division of hours worked in different classifications shall be
accurately maintained and clearly reported. The employer may list the employee once for
each classification, distributing the hours of work accordingly, and reflecting the rate of
pay and gross earnings for each classification. Deductions and net pay may be based
upon the total gross amount earned for all classifications.
4) Hours worked at other job sites. The CPRs should reflect ONLY hours worked at the
site of work. If an employee performs work at job sites other than the project for which
the CPR is prepared, those hours should not be reported on the CPR. In these cases the
employer should list the employee's name, classification, hours performed on this project
only, and the rate of pay and gross earnings earned on this project. Deductions and net
pay may be reflected based upon the employee's total earnings (for all projects) for the
week.
d. "No Work" payrolls. Employers are not required to submit CPRs for weeks during which no
work was performed on the site of the work provided that the CPRs are numbered
sequentially or that the employer has provided written notice that its work on the project has
been suspended.
e. Weekly payroll certification. Each weekly payroll shall be accompanied by a "Statement of
Compliance." The Statement of Compliance shall be executed by the original signature of the
principal executive of the contractor/subcontractor or of a person authorized in writing by the
principal. The Statement shall contain the language prescribed on DOL Form WH-348 or the
reverse side of Form WH-347 which shall certify to the following:
1) That the payroll for the payroll period contains the information required to be maintained
(see 2-7) and that the information is correct and complete;
2) That each laborer or mechanic (including each helper, apprentice and trainee) employed
on the contract during the payroll period has been paid the full weekly wages earned,
without rebate, either directly or indirectly, and that no deductions have been made either
directly or indirectly from the full wages earned, other than permissible deductions as set
for in Regulations, 29 C.F.R. Part 3; and
3) That each laborer or mechanic has been paid not less than the applicable wage rates
and fringe benefits or cash equivalents for the classification of work performed, as
specified in the applicable wage determination incorporated into the contract.
f. Falsification. The falsification of any of the above certifications may subject the contractor or
subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231
of Title 31 of the United States Code.
(iii) Other reports
a. Quarterly Employment Data Report;
b. Certificate From Contractor Appointing Officer or Employees to Supervise Payment of
Employees;
c. Employment and Minority Business Plan;
d. Certificate for Contracts, Grants, Loans and Cooperative Agreements; and
e. Subcontractor(s) Profile(s)
Page 42 of 57
f. Section 3 Requirements
(iv) Inspection of Records and On-site Interviews.
Each employer shall make the required records (CPRs and related documents) available for
inspection, copying or transcription by authorized representatives of the LCA, HUD or DOL.
In addition, each employer shall permit authorized representatives to interview employees
during working hours on the job site. Failure by any employer to submit the required records
or to make them available, or to permit on-site employee interviews may, after written notice
to the contractor, cause a suspension of any further payment, advance or guarantee of funds.
In addition, failure to submit the records on request or to make them available may be
grounds for debarment action pursuant to 29 C.F.R. ~ 5.12.
(v) Requests by Outside Parties for Payrolls.
In order to protect the personal privacy interests of employees, copies of weekly payrolls
shall not be released to outside parties and may be withheld under Exemption 6 of the
Freedom of Information Act (FOIA) unless the employee's personal identifiers (e.g., name,
address, social security number) are first deleted.
(vi) Confidentiality.
The identity of any person providing information concerning the labor standards compliance
of any contractor or subcontractor shall not be disclosed in any manner to anyone other than
the Grantee or Federal officials unless written consent is provided in advance by such
person. Additionally, any portions of a statement or written document provided by such
person, which would reveal the identity of the source, shall not be disclosed without prior
written consent. Disclosure of such statements and documents shall be governed by the
provisions of the FOIA and the Privacy Act of 1974.
a. Privacy Act Release. The Grantee's Labor Standards Designee shall make available a
Privacy Act Release format to each person making a statement or providing documentation
that alleges underpayment of wages. The format shall permit such person to indicate whether
disclosure of identity is authorized.
The Grantee may develop a form for its use in its jurisdiction for this purpose.
b. Department of labor (DOL) Investigative Materials. From time to time, the DOL may
furnish investigatory materials to the Grantee or HUD in the course of its administration and
enforcement operations. None of the material, other than computations of back wages and
liquidated damages and the summary of back wages due, may be disclosed in any manner to
anyone other than Grantee or HUD staff responsible for administering the contract without
prior approval from the DOL.
The Subrecipient shall ensure compliance with the Davis-Bacon and Related Acts requirements and shal,
furnish or cause to furnish the required reports documenting compliance with the Davis-Bacon and
Related Acts requirements. The Grantee will review all certified payrolls and conduct worker interviews
and will hold the contractor responsible for compliance with labor, EEO and minority business
requirements. The County, through HCCEDD, reserves the right to withhold funds from the general
contractor to compensate workers in accordance with the appropriate wage scales as promulgated by the
U.S. Department of Labor.
Page 43 of 57
D. Compliance Violation(s) Provisions
As required by the Davis-Bacon Act and applicable Harris County Guidelines, the Subrecipient and the
contractor, through the Subrecipient, shall be assessed fines for compliance violations.
(i) The Grantee shall issue a written Notice of Non-Compliance of each violation as it arises with
instructions on how to cure the violation. The Notice of Non-Compliance shall provide for a two-
week grace period for corrective actions.
(ii) Violations shall be punished against the Subrecipient or the contractor through the Subrecipient
on a per day/per violation basis and shall commence after a two (2) week grace period from the
date of the written notice, provided the Grantee has not received reports documenting corrective
actions.
14. The Subrecipient will not be permitted to perform any "force account work," wherein the Subrecipient uses
his or her own employees, materials, and/or equipment. All portions of construction work will be subject
to the competitive bidding process referenced above.
15. The Subrecipient's contractor shall furnish, deliver, and install one 4'-0" X 8'-0" temporary project sign
according to Grantee specifications. The Subrecipient will ensure that the specifications will be made part
of the project manual and the cost of the project sign will be included in all bids.
16. The Subrecipient's contractor, on all buildinq projects, shall furnish, deliver, and install one 18" X 24"
bronze plaque built according to Grantee specifications. The Subrecipient will ensure that the
specifications will be made part of the project manual and the cost of the plaque will be included in all
bids.
Page 44 of 57
EXHIBIT H
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or
modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all
sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative
agreements) and that all Subrecipient shall certify and disclose accordingly.
This certification is material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more that $100,000 for each such failure.
Executed this day of
( gn
hvt . ~ oert15
(Type or Print Name)
A6b',starrt c;rtl/v\CtffiJr
(Title)
By
:;overed Action: Northside Neiqhborhood
(Program, Project or Activity)
Page 45 of 57
EXHIBIT I
CONFLICTS DISCLOSURE STATEMENT
Page 46 of 57
LOCAL GOVERNMENT OFFICER FORM CIS
CONFLICTS DISCLOSURE STATEMENT
(Instructions for completing and filing this form are provided on the back.)
This is the notice to the appropriate local governmental entity that the OFFICE USE ONLY
following local government officer has become aware offacts that require
the officer to file this statement in accordance with chapter 176, Local Date Received
Government Code.
~ Name of Local Government Officer
~ Office Held
~ Name of person described by Sections 176.002(a) and 176.003(a), Local Government Code
~ Description of the nature and extent of employment or business relationship with person named in item 3
~ List gifts if aggregate value of the gifts received from person named in item 3 exceed $250
Date Gift Received Description of Gift D Did Not Accept Gift
Date Gift Received Description of Gift D Did Not Accept Gift
Date Gift Received Description of Gift D Did Not Accept Gift
(attach additional forms as necessary)
~ AFFIDAVIT
I swear under penalty of perjury that the above statement is true and correct. I acknowledge that
the disclosure applies to a family member (as defined by Section 176.001(2), Local Government
Code) of a government officer. I also acknowledge that this statement covers the 12-month period
described by Section 176.003(a)(2)(b), Local Government Code.
Signature of Local Government Officer
AFFIX NOTARY STAMP I SEAL ABOVE
Sworn to and subscribed before me, by the said , this the day
of ,20 , to certify which. witness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Adooted 11/02/2005
EXHIBIT I
CONFLICTS DISCLOSURE STATEMENT, page 2
Page 47 of 57
LOCAL GOVERNMENT OFFICER
CONFLICTS DISCLOSURE STATEMENT
Section 176.003 of the Local Government Code requires certain local government officers to file this form. A
"local government officer" is defined as a member of a governing body of a local government entity or a
director, superintendent, administrator, president, or other person designated as the executive officer of the
local government entity. This form is required to be filed with the records administrator of the local governmental
entity not later than 5 p.m. on the seventh business day after the date on which the officer becomes aware of
the facts that require the filing of this statement.
A local government officer commits an offense if the officer knowingly violates Section 176.003, Local
Government Code. An offense under this section is a Class C misdemeanor.
Please refer to chapter 176 of the Local Government Code for detailed information regarding the requirement
to file this form.
INSTRUCTIONS FOR COMPLETING THIS FORM
The foJ/owing numbers correspond to the numbered boxes on the other side.
1. Name of Local Government Officer. Enter the name of local government officer filing this statement.
2. Office Held. Enter the name of the office held by the local government officer filing this statement.
3. Name of person described by Sections 176.002(a) and 176.003(a), Local Government Code. Enter
the name of the person described by Section 176.002, Local Government Code with whom the officer has an
employment or other business relationship as described by Section 176.003(a), Local Government Code.
4. Description of the nature and extent of employment or business relationship with person named
in item 3. Describe the nature and extent of the relationship of the employment or other business relationship
with the person in item 3 as described by Section 176.003(a), Local Government Code.
5. List gifts if aggregate value of the gifts received from person named in number 3 exceed $250.
List gifts received during the 12-month period (described by Section 176.003(a)(2)(B), Local Government
Code) by the local government officer or family member of the officer from the person named in number 3
that in the aggregate exceed $250 in value.
6. Affidavit. Signature of local government officer.
Adopted 11/02/2005
Exhibit J
CONFLICTS OF INTEREST QUESTIONNAIRE
Page 48 of 57
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor or other person doing business with local governmental entity
FORM CIQ
This questionnaire is being filed in accordance with chapter 176 of the Local
Government Code by a person doing business with the governmental entity.
By law this questionnaire must be filed with the records administrator of the
local government not later than the 7th business day after the date the person
becomes aware of facts that require the statement to be filed. See Section
176.006, Local Government Code.
OFFICE USE ONLY
Date Received
A person commits an offense if the person violates Section 176.006, Local
Government Code. An offense under this section is a Class C misdemeanor.
~ Name of person doing business with local governmental entity.
~
D Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than
September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and
not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
~ Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes
recommendations to a local government officer of the local governmental entity with respect to expenditure of money.
IiJ Describe each affiliation or business relationship with a person who is a local government officer and who appoints or
employs a local government officer of the local governmental entity that is the subject of this questionnaire.
Amended 01113/2006
Exhibit J
CONFLICTS OF INTEREST QUESTIONNAIRE, page 2
Page 49 of 57
CONFLICT OF INTEREST QUESTIONNAIRE
FORM CIQ
Page 2
For vendor or other person doing business with local governmental entity
~ Name of local government officer with whom filer has affilitation or business relationship. (Complete this section only ifthe
answer to A, B, or C is YES.)
This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has affiliation or
business relationship. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the
questionnaire?
DYes
DNO
B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government
officer named in this section AND the taxable income is not from the local governmental entity?
DYes
DNO
C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves
as an officer or director, or holds an ownership of 10 percent or more?
DYes
DNO
D. Describe each affiliation or business relationship.
~ Describe any other affiliation or business relationship that might cause a conflict of interest.
zJ
Signature of person doing business with the governmental entity
Date
Amended 01/13/2006
EXHIBIT K
LEAD-SAFE HOUSING RULE -- APPLICABILITY FORM
Address/location of subiect property:
Regulation Eligibility Statements (check all that apply):
Property is receiving Federal funds.
_ Unit was built prior to 1978.
Note: Ifboth Eligibility Statements above have been checked, continue with the Exemption Statements below.
Otherwise, the regulation does not apply, sign and date the form.
Regulation Exemption Statements [24 CFR 35.115] (check all that apply):
Emergency repairs to the property are being performed to safeguard against imminent danger to
human life, health or safety, or to protect the property from further structural damage due to natural
disaster, fire or structural collapse. The exemption applies only to repairs necessary to respond to
the emergency.
The property will not be used for human residential habitation. This does not apply to common
areas such as hallways and stairways of residential and mixed-use properties.
Housing "exclusively" for the elderly or persons with disabilities, with the provision that
children less than six years of age will not reside in the dwelling unit.
An inspection performed according to HUD standards found the property contained no lead-
based paint.
According to documented methodologies, lead-based paint has been identified and removed;
and the property has achieved clearance.
The rehabilitation will not disturb any painted surface.
The property has no bedrooms.
The property is currently vacant and will remain vacant until demolition.
If any of the above Exemption Statements have been checked, the Regulation does not
apply. In all cases, sign and date the form.
, certify that the information listed above is true
and accurate to the best of my knowledge.
Date
Page 50 of 57
EXHIBIT L
AFFIDAVIT OF CITIZENSHIP*
Please check one of the following boxes:
o I hereby affirm that I am a citizen of the United States of America (U.S.A.).
o I hereby affirm that I am a Permanent Resident Alien, which is a person who is not a
citizen of the United States, but who is legally residing permanently in the U.S.A. at the
time of this application.
*Falsely claiming citizenship by any alien is grounds for deportation, according to Title 8 of the
United States Code section 1227(a) (3)(D).
Printed Name of Applicant
(over 18 years of age)
Signature of Applicant
(over 18 years of age)
Date:
Date:
Documentation of citizenship provided to the Harris County Community and Economic
Development Department is listed below, a photocopy of which is attached to this Affidavit:
THE STATE OF TEXAS S
COUNTY OF HARRIS S
This instrument was acknowledged before me on the
day of
,2006.
1 of 57
EXHIBIT M
BUILDER'S CERTIFICATION OF ENERGY CONSERVATION STANDARDS
2 of 57
Builder's Certification
of Plans, Specifications, & Site
U.S. Department of Housing
and Urban Development
Office of Housing
Federal Housing Commissioner
OMB Approval No. 2502-0496
(exp. 06/30/2009)
Property Address (street, city, State, & zip code)
Subdivision Name
Mortgagee's (Lender's) Name & Address (this is the lender who closed the loan)
FHA Case Number
Phone Number
DYes DNo
1. Site Analysis Information: To be completed on all proposed and newly constructed properties regardless of L TV ratio.
a. Flood Hazards. Are the property improvements in a Special Flood Hazard Area (SFHA)?
1) Provide the community number and date of the Flood Insurance Rate Map (FIRM) used to document
your answer. Community Number Map Date
2) Is the community participating in the National Flood Insurance Program and in good standing?
3) If "Yes" to 1a. above, attach:
(i) a Letter of Map Amendment (LOMA) or;
(ii) a Letter of Map Revision (LOMR) or;
(iii) a signed Elevation Certificate documenting that the lowest floor (including basement) is built in compliance with 24
CFR 200.926d(c)(4).
b. Noise. Is the property located within 1000 feet of a highway, freeway, or heavily traveled road?
Within 3000 feet of a railroad?
Within one mile of a civil airfield or 5 miles of a military airfield?
c. Runway Clear Zones / Clear Zones. Is the property within 3000 feet of a civil or military airfield?
If "Yes," is the property in a Runway Clear Zone / Clear Zone?
d. Explosive IFlammable Materials Storage Hazard. Does the property have an unobstructed view, or is it located within 2000 feet,
of any facility handling or storing explosive or fire prone materials?
e. Toxic Waste Hazards. Is property within 3000 feet of a dump or landfill, or a site on an EPA Superfund (NPL) list or equivalent State list?
f. Foreseeable Hazards or Adverse Conditions.
(1) Does the site have any rock formations, high ground water levels, inadequate surface drainage, springs, sinkholes, etc.?
(2) Does the site have unstable soils (expansive, collapsible, or erodible)?
(3) Does the site have any excessive slopes?
(4) Does the site have any earth fill?
If "Yes," will foundations, slabs, or f1alwork rest on the fill?
If you marked "Yes" to any of the above questions in f, please attach a copy of the State licensed engineers' (soils and structural)
reports, designs, and/or certifications showing compliance with HUD requirements to ensure the structural soundness of the
improvements and the health and safety of the occupants. Refer to HUD Handbook 4145.1 and FHA Data Sheet 79g.
DYes DNo
DYes DNo
DYes DNo
DYes DNo
DYes DNo
DYes DNo
DYes DNo
DYes DNo
DYes DNo
DYes DNo
DYes DNo
DYes DNo
DYes DNo
CABO One- and Two-Family Dwelling Code, as listed in 24 CFR 200.926b.
CABO 1992 Model Energy Code
Electrical Code for One- and Two-Family Dwellings, as listed in 24 CFR 200.926b. (current edition; NFPA 70A/1984).
This is a manufactured (mobile) home and was constructed in accordance with the Federal Manufactured Home Construction & Safety Standards
(FMHCS). The label on the manufactured home shows compliance with the FMHCS. I hereby certify that the plans and specifications for all other
construction (i.e., site, foundation) comply with the applicable building code or HUD requirement listed above, including para. 3-4, Handbook 4145.1,
and the Permanent Foundations Guide for Manufactured Housing.
Builder or Builder's Agent: I hereby certify that the site analysis information above is true and accurate to the best of my knowledge and belief and
that the plans and specifications were designed to mitigate any foreseeable hazards or adverse conditions. On all properties eligible for maximum L TV
financing, I further certify that I have personally reviewed the plans, specifications, and site information submitted herewith. Based upon my review, I
hereby certify that such plans, specifications comply with the applicable building code specified above as well as complying with the HUD construction
requirements listed above. An "X" marked in the blank by each numbered item indicates that provisions from the marked code apply.
9 a. Name of Builder's Company or Builder's Agent (type or print) lOa. Name & Title of Builder or Builder's Agent (type or print)
b. Street Address
b. Signature of Builder or Builder's Agent
Date (mm/dd/yyyy)
c. City, State, & Zip Code
c. Telephone Number (include area code)
Previous editions are obsolete.
ref. Handbook 4145.1
form HUD-92541 (4/2001)
Page 1 of 3
11. Affirmative Fair Housing Marketing Plan (AFHMP) Did you sell five (5) or more houses in the last twelve (12) months
or do you intend to sell five (5) or more houses within the next twelve (12) months with HUD mortgage insurance? DYes D No
If "Yes," check either a, b, c, or d below.
a. D I am a signatory in good standing to a Voluntary Affirmative Marketing Agreement (VAMA).
b. D I have an AFHMP which HUD approved on (mm/dd/yyyy)
c. 0 I have a contract with to market this house.
d. D I certify that I will comply with the following: (a) Carry out an affirmative program to attract all minority and majority groups to the housing for initial
sale or rental. Such a program shall typically involve publicizing to minority persons the availability of housing opportunities regardless of race, color,
religion, sex, handicap, familial status or national origin, through the type of media customarily utilized by the applicants; (b) Maintain a
nondiscrimination hiring policy in recruiting from both minority and majority groups; (c) Instruct all employees and agents in writing and orally in
the policy of nondiscrimination and fair housing; (d) Conspicuously display the Fair Housing Poster in all Sales Offices, include the Equal Housing
Opportunity logo, slogan and statement in all printed material used in connection with sales, and post in a prominent position at the project site a
sign which displays the Equal Opportunity logo, slogan or statement, as listed in 24 CFR 200.620 and appendix to subpart M to part 200. I understand
that I am obliged to develop and maintain records on these activities, and to make them available to HUD upon request.
Builder: I hereby certify that the site analysis information is true and accurate to the best of my knowledge and belief. On all properties eligible for maximum
L TV financing, I further certify that the plans and specifications submitted herewith have been reviewed by the individual signing above and that the
individual has the knowledge and experience necessary to determine whether such plans and specifications comply with the HUD/FHA requirements set
forth at 24 CFR 200.926d and with other applicable HUD requirements as determined in accordance with 24 CFR 200.926(d)(1) and (2). Any subsequent
changes to these plans and specifications shall comply with the aforementioned requirements. Upon sale or conveyance of the property, the undersigned
will promptly furnish to lender a Warranty of Completion of Construction, form HUD-92544 on all properties eligible for maximum L TV financing.
12 a. Name of Builder's Company (type or print)
13 a. Name & Title of Builder (type or print)
b. Street Address
b. Signature of Builder
Date (mm/dd/yyyy)
c. Telephone Number (include area code)
c. City, State, & Zip Code
Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802).
This form must be complete and legible and must be reproduced to include both sides of the document.
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not collect this information, and you are not
required to complete this form, unless it displays a currently valid OMB control number.
Executive Order 11988 and HUD environmental regulations (24 CFR Part 51) require builders who build newly constructed properties to ensure that the property is not affected
by: flood hazards, noise, runway clear zones, explosive/flammable materials storage hazards, toxic waste hazards, and other foreseeable hazards that may affect the site. HUD
requires this information to determine whether the site/location factors would adversely affect the dwelling or homeowner. A response is required whenever a builder builds new
properties. Confidentiality is not applicable.
Previous editions are obsolete.
Page 2 of 3
ref. Handbook 4145.1
form HUD-92541 (4/2001)
Instructions for Builder's Certification, form HUD-92541
To obtain maximum loan to value financing (high ratio loan) for a new
property, a builder must:
a. Become a certified builder in accordance with HUD requirements
and certify that the plans and specifications for the home meet HUD
requirements prior to the beginning of construction; or
b. Have the plans and specifications for the home approved by HUD
prior to the start of construction; or
c. Provide a HUD accepted ten year protection (warranty) plan.
If the property is eligible for maximum loan to value financing on the
basis of a, b, or c above, then the builder must complete Items 1 - 12
on this form. The builder or its agent may complete Items 9 and 10.
If the builder does not I\leet the criteria listed above for maximum loan
to value financing, then the loan to value financing will be limited to 90
percent (low ratio loan). For these cases, the builder must complete
Items 1, 9 and 10 on this form. The builder, not the builder's agent,
must complete Items 9 and 10.
Item 1. Site Analysis: All builders must answer all the questions in
this item even when the improved area procedure is required. An
addendum may be added, if necessary, to provide a full explanation
about any of the site conditions listed.
a. Flood Hazards: HUD prohibits new construction in Special Flood
Hazard Areas unless there is a Letter of Map Amendment (LaMA),
a Letter of Map Revision (LOMR), or an Elevation Certificate in
accordance with 24 CFR 200.926d(c)(4) provided to the lender.
b. Noise: Self-explanatory.
c. Runway Clear Zones/Clear Zones: If the property is located in a
Runway Clear Zone / Clear Zone, the lender must require, as a
condition of borrower approval, that the borrower will sign a
statement acknowledging receipt of the notification required by 24
CFR 51.303(a)(3).
d. ExplosiveIFlammable Materials Storage Hazard: Self-explanatory.
e. Toxic Waste Hazards: Self-explanatory.
f. Foreseeable Hazards or Adverse Conditions: Self-explanatory.
Items 2 - 8: If the lender desires the property to be eligible for
maximum financing (a high-ratio loan), the certified builder/certified
builder's agent must complete these items as follows:
2. & 3. Place an "X" in the box in Items 2 and 3. The certified builder
must complete Items 4 thru 8 as follows:
4. The local/State code, in Item 4 is the HUD accepted code for a
locality as identified by a mortgagee from a list provided by HUD.
a. A "fully accepted code" is indicated by placing a "X" in the first
space, identifying the code in the second space and placing the
word "All" after "Applicable Provisions."
b. A "partially acceptable code" is indicated by naming the unaccept-
able portion as shown in the example: "All except materials
standards."
The additional requirements needed from the Table in 24 CFR
200.926c, to supplement a partially acceptable local code, must be
shown in Item 4.
If a local code has been changed since last accepted by HUD, a builder
is required to submit for HUD review, a copy of such changes to the
Code. Include all applicable service codes, appendices, and a copy
of the statute, ordinance, regulation or ordinance making such
changes.
5. When the whole CABO Code is used as the HUD referenced code
in jurisdictions with "no code" or an "unacceptable code," place an "X"
in the box in Item 5 and place the word "All" in the space.
6. Place an "X" in the box on line 6, because builders must comply with
this energy code.
7. Place an "X" in the box on line 7, because the Electrical Code for
One and Two Family Dwellings, NFP A 70A/l984 is required in conjunc-
tion with the CABO Code.
8. If the dwelling is a manufactured (mobile) home, place an "X" in the
box in Item 8. Properly complete lines 4 through 7 for all "foundation
and site work."
Items 9 & 10. The builder or the builder's agent must complete and
sign these items. If the builder's agent completes and signs these
items the builder's agent is certifying that builder's agent has the
knowledge and experience to determine whether the plans and
specifications comply with HUD/FHA requirements set forth in 24 CFR
200.926d and with other applicable HUD requirements in 24 CFR
200.926(d)(1) and (2). The builder's agent is further certifying that the
information about the site is accurate to builder's agent's best knowl-
edge and belief.
Item 11. If a builder has sold or intends to sell five (5) or more newly
constructed properties within a twelve (12) month period, the builder
is required to have one of the following:
a. Be in good standing to a Voluntary Affirmative Marketing Agree-
ment (VAMA); or
b. Have a HUD approved Affirmative Fair Housing Marketing Plan
(AFHMP); or
c. Have a contract with a Marketing Agent to implement its approved
AFHMP; or a contract with a Marketing Agent with signatory to a
National Association of Realtors V AMA; or
d. Certify to the requirements which are hereby listed, taken from 24
CFR 200.620.
Items 12 & 13. The builder must complete and sign Items 12 and 13.
The certification is self-explanatory. All changes to the original form
must be initialed and dated by the builder.
Appraiser / Direct Endorsement Lender's Responsibility
Fee Appraiser / Direct Endorsement Staff Appraiser. The fee
appraiser / DE staff appraiser must receive a fully executed form
HUD-92541 before performing the appraisal on proposed or under
construction properties or properties less than one year old.
The appraiser must review Item 1 and note in the Appraisal Report any
discrepancies between the information in Item 1 and the actual
conditions observed on site. The appraiser must take into consider-
ation the effects of any site conditions on the value of the property.
Direct Endorsement Underwriter. The DE Underwriter must review
the Appraisal Report and the Builder Certification as part of the
underwriting process, taking into consideration the effect of any site
conditions on the value of the property. Page 1 of this form must be
complete and legible. Only the builder or the builder's agent is
authorized to complete or change this form. The DE Underwriter
cannot change and/or modify this certification form.
MCRV/CRV Submissions
Form HUD-92541 is required on all newly constructed properties and
must be in the HUD Case Binder on all conversions from VA.
Previous editions are obsolete.
Page 3 of 3
ref. Handbook 4145.1 form HUD-92541 (4/2001)
EXHIBIT N
THIS PAGE LEFT INTENTIONALLY BLANK
EXHIBIT 0
REGULATION REFERENCE INFORMATION
1. 24 CFR 92 HOME Investment Subrecipient Program Final Rule
2. 24 CFR 92.205(a)(1) Eligible Activities
3. 24CFR 92.207 (b) Eligible administrative and planning costs -Staff and overhead
4. 24 CFR 92.206 Eligible Project Cost
5. 24 CFR 92.206(d)(6) Related Soft Cost- Staff and overhead
6. 24 CFR 92.203 (b) Income Determinations
7. 24 CFR Part 35 Lead-Based Paint Poisoning Prevention in Certain Residential
Structures
8. 24 CFR 85.43 Suspension/Termination
9. 24 CFR 92.218 Matching Contribution Requirements
10. 24 CFR 92.220 Form of Matching Contribution
11. 24 CFR 92.4 Wavier and Suspension of Requirement for Disaster Areas
12. 24 CFR 92.251 Property Standards
13. 24 CFR Part 8 Nondiscrimination Based On Handicap In Federally Assisted
Programs and Activities of the Department of Housing and Urban
Development
14. 24 CFR Part 3280 State and Local Assistance
15. 24 CFR 92.254(a)(5)(ii) Resale and Recapture
16. 24 CFR 92.254(a)(4) Periods of Affordability
17. 24 CFR 92.257 Religious Organization
18. 24 CFR 92.351 Affirmative Marketing, Minority Outreach Program
19.0MB Circular A-110 Uniform Administrative Requirements for Grants and Other
Agreements with Institutions of Higher Education, Hospitals and
Other Non-Profit Organizations
20.0MB Circular A-122 Final Revision of OMB Circular A-122" Cost Principles
For Non Profit Organizations
21. 24 CFR 92.508 Record keeping
22. 24 CFR 92.505 Applicability of Uniform Administrative Requirements
23. Subpart K of 24 CFR Part 92 Program Administration
24. 24 CFR Part 92.503 (b)(8) Repayment
25. 24 CFR 92.205 Eligible activities: General
26. 24 CFR 92.208 Eligible Community Housing Development Organization
Subrecipient-operating expense and capacity building costs.
27. 24 CFR 92.503 Program Income, Repayment and Recaptured Funds.
28. 24 CFR 92.205 (a)(1) Eligible Activities
29. 24 CFR 85.31 Disposal of Property
30. 24 CFR 85.32 Property Ownership/Revert
31. OMS Circular A-11 0, Subpart C Uniform Administrative Requirements for Grants and
Agreements with Institutions of Higher Education, Hospital and
Other Non-Profit Organization- Post Award Requirements.
32. 24 CFR 92.353 Displacement, Relocation and Acquisition
33. 24 CFR 92.350 Other Federal Requirements
34. 24 CFR 92.354 Labor
Page 4 of 57
35.
36.
37.
38.
39.
24 CFR 92.356
24 CFR 92.257
24 CFR 92.355
24 CFR 58.35(b)
24 CFR 58.34
Conflict of Interest
Religious Organizations
Lead-Based Paint
Categorical Exclusion
Determination of Exemption
Page 5 of 57
THE STATE OF TEXAS ~
~
COUNTY OF HARRIS ~
The Commissioners Court of Harris County, Texas, convened at a meeting of said Court at the Harris
County Administration Building in the City of Houston, Texas, on the day oAUG 2 2 ?00S2006,
with the following members present, to wit:
Robert Eckels
EI Franco Lee
Sylvia R. Garcia
Steve Radack
Jerry Eversole
County Judge
Commissioner, Precinct No. 1
Commissioner, Precinct NO.2
Commissioner, Precinct NO.3
Commissioner, Precinct NO.4
And the following members absent, to-wit ~ , constituting a quorum, when
among other business, the following was transacted:
ORDER AUTHORIZING EXECUTION OF AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY
OF LA PORTE FOR THE NORTHSIDE NEIGHBORHOOD SINGLE-FAMILY NEW CONSTRUCTION
PROJECT
Commissioner A introduced an order and made a motion that the same be
adopted. Commissioner seconded the motion for adoption of the order. The motion,
carrying with it the adoption of the order, prevailed by the following vote:
Yes No Abstain
Judge Eckels 0 0
Comm. Lee 0 0
Comm. R. Garcia 0 0
Comm. Radack 0 0
Comm. Eversole 0 0
The County Judge thereupon announced that the motion had duly and lawfully carried and that the order
had been duly and lawfully adopted. The order thus adopted follows:
RECITALS:
THIS AGREEMENT is made and entered into by and between HARRIS COUNTY, a body politic and
corporate under the laws of the State of Texas, herein called the "Grantee," and the City of La Porte, a
Texas body politic and corporate under the laws of the State of Texas, herein called the "Subrecipient."
WHEREAS, the Grantee has applied for and received funds from the United States Department of Housing
and Urban Development ("HUD") under the Home Investment Partnerships (HOME) Program, identification
number M-04-UC-48-0215 (2006-0050); and
Presented to Commissionefs Court
Page 6 of 57
AUG 2 2 2006
APPROVE
Recorded Vol_ Page
WHcKcA~, the primary purpose of the HOME Program pursuant to the National Affordable Housing Act of
1990 and 24 CFR ~ 92, is to expand the supply of decent, safe sanitary, and affordable housing with
primary attention to rental housing, for very low and low-income families; and
WHEREAS, the Grantee acknowledges the role of the Subrecipient as a "Developer," whose purpose is to
develop and construct five (5) single-family affordable homes in La Porte, Texas (the "Project") for very low
and low-income families; and
WHEREAS, the Grantee and Subrecipient desire to enter into an agreement whereby the Grantee will grant
funds to the Subrecipient for construction of the Project and increase affordable housing for very low and
low-income families of Harris County, which is an eligible activity under the rules and regulations regarding
HOME grant funds; and
WHEREAS, the Subrecipient shall ensure recognition of the role of the Grantee in providing services
through this Agreement. All activities, facilities, and items utilized pursuant to this Agreement shall be
prominently labeled as to funding source. In addition, the Subrecipient shall include reference to Harris
County Community and Economic Development Department ("HCCEDD") for the support provided herein
in all publications made possible with funds made available under this Agreement; and
NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF HARRIS COUNTY,
TEXAS THAT:
Section 1:
The recitals set forth in this order are true and correct.
Section 2.
The Director of Harris County Community and Economic Development
Department is authorized to execute an Agreement between Harris County and
the City of La Porte for partial funding of a program that provides for the
construction of five (5) single-family affordable homes in La Porte, Texas, in the
amount not to exceed $457,300.00. The Agreement is attached hereto and made
a part hereof for all purposes.
Page 7 of 57
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
/28/2006 Bud!!et
Requested By:
Source of Funds: N/A
Department:
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits:
Mutual Aid agreement COLP/LPISD
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
Recommend approval ofthis mutual aid agreement between LPISD and COLP for disaster related services. LPISD
will allow use of Baker Junior High or other school for essential disaster employees and use of buses for evacuation.
Action Reauired bv Council:
Approval
Approved for City Council A!!enda
De~~~ /3~a~Ju
j/~d-lJ ~
Date (
ORDINANCE NO. 2006-~3'
AN ORDINANCE APPROVING AND AUTHORIZING A MUTUAL AID AGREEMENT
BETWEEN THE CITY OF LA PORTE AND THE LA PORTE INDEPENDENT SCHOOL
DISTRICT, FOR SHARING FACILITIES, EQUIPMENT AND PERSONNEL, IN THE
EVENT OF AN EMERGENCY REQUIRING MASS SHELTERING OF ESSENTIAL
PERSONS AND/OR TRANSPORTATION OF CITIZENS, MAKING VARIOUS FINDINGS
AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council 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 Mayor 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 J,~ day of t1u~ ' 2006.
By, C~t~~
Alton E. Porter, Mayor
ATTEST:
~dttIa I!. ~.{}/
Mar ha A. Gillett
City Secretary
APPROVED:
C~~Z- ~
City Attorney
2
Mutual Aid Aqreement
THE STATE OF TEXAS )
)
COUNTY OF HARRIS )
THIS AGREEMENT is entered into this ~~ day Of~,
2006, by and between the City of La Porte, Texas, a municipal corporation,
(herein after called "City") and La Porte Independent School District, a school
district organized pursuant to the laws of Texas, (herein after called "District")
WITNESSETH
WHEREAS, City and District share common boundaries in many areas,
and;
WHEREAS, City and District have facilities, equipment and personnel
which would benefit the other in the event of emergencies, including natural
disasters, and;
WHEREAS, City and District are desirous of reaching an agreement to
mutually share their facilities, equipment and personnel in the event of an
emergency requiring the mass sheltering of essential persons and/or the
transportation of citizens;
WHEREAS, the City and District wish to make suitable arrangements for
furnishing Mutual Aid in coping with such disasters and/or civil emergencies and
are so authorized and make this Agreement pursuant to Chapter 791, Texas
Government Code (Interlocal Cooperation Act); Chapter 418, Texas Government
Code (Texas Disaster Act of 1975); and Chapter 362, Local Government Code;
and
NOW, THEREFORE, it is agreed between City and District as follows:
I.
District agrees that one or more campuses under its authority and control
shall be used as a shelter for essential persons required for disaster assistance
and response, to the extent such essential persons are employed by or under
contract with City, District, or industrial/utility companies, in the event of an
emergency.
II.
In the event of an emergency requiring shelter for essential persons, it is
agreed that the following will be provided by each party:
1. City will provide and supply the following:
A. Cots and bedding required for the persons sheltered.
B. Food and supplies sufficient to provide for the persons sheltered for
three (3) days.
C. Police Protection for the persons sheltered
D. Emergency medical technicians to provide medical attention for the
persons sheltered.
E. Personnel to manage, coordinate, and supervise the area(s) where
persons are sheltered.
2. District will provide and supply the following:
A. The facilities to be determined
B. Storage space necessary to conduct emergency shelter operations
3. District agrees to provide a maximum of twelve (12) buses to be used to
transport persons to safety. City and District agree to provide personnel to
operate said buses. City further agrees to assume the responsibility for any
damage to said buses while same are under the direct and exclusive control of
the City.
4. Expenses will be paid as follows:
A. Each party agrees to pay its own personnel expenses.
B. District agrees to pay for all building operation expenses (utilities,
maintenance, etc.) which are required at the facility or facilities provided.
C. City agrees to be responsible for property damage to District facilities or
equipment caused by City, and for bodily injury caused by use of District's
property by City employees.
5. Both City and District agree to carry insurance policies as follows:
A. WORKERS' COMPENSATION COVERAGE: Each Party shall be
responsible for its own actions and those of its employees and is
responsible for complying with the Texas Workers' Compensation Act.
B. AUTOMOBILE LIABILITY COVERAGE: Each Party shall be
responsible for its own actions and is responsible for complying with the
Texas motor vehicle financial responsibility laws.
C. GENERAL LIABILITY, PUBLIC OFFICIALS LIABILITY, AND LAW
ENFORCEMENT LIABILITY: Each Party agrees to obtain or continue its
general liability, public official's liability and law enforcement liability
insurance, if applicable, or maintain a comparable self-insurance program.
D. OTHER COVERAGE: Each Party shall provide and maintain its
standard packages of medical and death benefit insurance coverage while
its personnel are assisting the other Party.
6. Personnel who are assigned, designated or ordered by their governing
body to perform duties pursuant to this Agreement shall continue to receive the
same wages, salary, pension, and other compensation and benefits for the
performance of such duties, including injury or death benefits, disability
payments, and workers' compensation benefits, as though the service had been
rendered within the limits of the jurisdiction where the personnel are regularly
employed.
7. No Party waives or relinquishes any immunity or defense on behalf of itself,
its governing body, officers, employees and agents as a result of the execution of
this Agreement and the performance of the covenants contained herein.
8. It is understood by both parties that the Mayor of the City of La Porte and/or
the person designated by or acting as Mayor has the authority to declare an
emergency and provide for the sheltering of essential persons.
9. This Agreement shall become effective as to each Party on the date signed
and shall continue in force and remain binding on City and District through
December 31 of the year signed. This Agreement shall renew automatically for a
period of one year upon the completion of the initial term and each subsequent
term unless and until such time as the governing body of a City or District
terminates its participation in this Agreement by giving the other Party thirty (30)
days written thereof.
Duly executed this ~~ day of ~Jl1Jt ,2006.
By:
ATTEST:
Lj!J~ 11 ed"uLI-
Ma tha A. Gillett
City Secretary
By:
CITY OF LA PORTE
~L7~
Alton E. Porter
Mayor
LA PORTE INDEPENDENT )
SCHOOL DISTRICT /.lt1/
?17~4!.L -' {
Name: ~,....4""" ( u~
Title: (l&.p~ S~ltd.''S
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested August 28 2006
Requested By: Mayor Alton E. Porter
Appropriation
Source of Funds: n/a
Department:
~4llYQr'~ omc~
Account Number: n/a
Report:
Resolution:
Ordinance:
x
Amount Budgeted: n/a
Amount Requested:
Exhibits:
Main Street Advisorv Memo and applications
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
City Council to approve appointing and reappointing positions on Boards and Commissions for vacant slots and
terms expiring in August, 2006.
Airport Advisory Board:
Hector Villarreal- Term Expiration 8/31/2006
Tucker Grant - Term Expiration 8/31/2006
Tax Increment Reinvestment Zone Number One:
Dave Turnquist - Term Expiration 8/31/2006
Horace Leopard - Term Expiration 8/31/2006
J.J. Meza - Term Expiration 8/31/2006
Chester Pool- Term Expiration 8/31/2006
Chapter 172 Employee, Retiree Insurance and Benefits Board:
Citizen Position 2 - Term Expiration 8/31/2006 - vacated by Tina Fregia due to resignation.
Citizen Position I - Term Expiration 8/31/2007 - vacated by Pat Rothermel
Alternate Position 2 - No Term Expiration - position has never been filled
Civil Service Commission - handled under separate ordinance by City Manager's Office
Fire Code Review Committee:
Jeff Brown - District 2 - Term Expiration 8/31/2006
Woodrow Sebasta - District 3 - Term Expiration 8/31/2006
Floyd Craft - District 4 - Term Expiration 8/31/2006
Jim Bridge - District 5 - Term Expiration 8/31/2006
Bryan Moore - At Large A - Term Expiration 8/31/2006
Lynn Green - Mayor - Term Expiration 8/31/2006
La Porte Area Water Authority:
Chester Pool - Term Expiration 8/31/2006
Paul Berner - Term Expiration 8/31/2006
La Porte Development Corporation Board - 4b Corporation
Mike Clausen - Term Expiration 8/31/2006
Bill Love - Term Expiration 8/31/2006
Pat Muston, President - Term Expiration 8/31/2006
La Porte Redevelopment Authority:
Dave Turnquist - Term Expiration 8/31/2006
Horace Leopard - Term Expiration 8/31/2006
J.1. Meza - Term Expiration 8/31/2006
Chester Pool- Term Expiration 8/31/2006
Main Street Advisory Board:
Vacant - Position 1 - due to resignation of Deborah Johnson
Vacant - Position 3 - due to resignation of April Crone
Vacant - Position 4 - due to resignation of Bill Manning
Jerry Carpenter - Position 5 - Term Expiration - 8/31/2006
Gerald Metcalf - Position 6 - Term Expiration - 8/31/2006 - Vacant due to his resignation
Paul Pieri - Position 7 - Term Expiration 8/31/2006 - Vacant due to his resignation
Vacant - Position 10 - due to resignation of Jan Lawler
The Main Street Advisory Board would like to recommend that City Council consider reducing the number of board
positions from 11 to 9: therefore:
. 5 board positions need to be filled
. 4 board members remain on the board until their term expire
. 4 board members rotate off this year
. 3 board members have verbally resigned for personal reasons (see attachment)
Enclosed you will find resumes on individuals who are interested in serving on the Main Street Advisory Board.
Planning and Zoning Commission:
Pat Muston - Chairperson - Term Expiration - 8/31/2006
Nick Barrera, District 2 - Term Expiration - 8/31/2006
Kirby Linscomb, Jr. - Term Expiration - 8/31/2006
Southeast Texas Housing Finance Corporation Board
Pat Muston - Term Expiration - 8/31/2006
Youth Advisory Council
Crystal Scott advised there will be no changes to the Youth Advisory Council until after school begins in the fall.
Zoning Board of Adjustment
Lawrence McNeal- Term Expiration - 8/31/2006
Gilbert Montemayor - Term Expiration - 8/31/2006
Council is also being presented with two options for the Zoning Board of Adjustments. Council may consider
changing the ordinance to allow Council to choose a Chairman or not. There are two ordinances for your
consideration.
Advise staff if any other changes regarding positions Council desires.
Action Required bv Council:
Consider approving Ordinance appointing and reappointing members to various Boards and Commissions and adopt
the ordinance of choice regarding the Zoning Board of Adjustment Chairman. In addition, consider reducing the
number of board positions from 11-9 on the Main Street Advisory Board
Approved for City Council Aeenda
JOt ~{lJ
~- dd-O&
Date
ORDINANCE NO. 2004-27B2-L
AN ORDINANCE APPOINTING MEMBERS TO VARIOUS BOARDS, COMMISSIONS,
AND COMMITTEES, OF THE CITY OF LA PORTE; PROVIDING A SEVERABILITY
CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
. Indicates reappointment
Section 1.
The City Council of the City of La Porte hereby
makes the following appointments to the Airport Advisory Board for
the City of La Porte Municipal Airport, for terms expiring on
August 31st of the year indicated, or until their successors shall
have been duly appointed and qualified:
Position 1. - Debra Rihn
Position 2 . - Nick Hooke
Position 3. - *Hector Villarreal
Position 4 . - * Tucker Grant
Position 5. - Steve Gillett
Position 6. - Eliminated by City Council
on 7/13/98 by Ord. 98-2265
2007
2007
2009
2009
2007
FAA Representative
William Gray
No Term
Airline Representative -
Dan Myhaver
No Term
Section 2. The City Council of the City of La Porte hereby makes
the following appointments to the Board of Directors of the City
of La Porte Reinvestment Zone Number One, for terms expiring on
August 31st of the year indicated, or until their successors shall
have been duly appointed and qualified:
Position 1 Peggy Antone 2007
Position 2 * Da ve Turnquist 2008
Position 3 Alton Porter 2007
Position 4 *Horace Leopard 2008
Position 5 Doug Martin 2007
Position 6 *J.J. Meza 2008
Position 8 *Chester Pool 2008
The City Council of the City of La Porte hereby ratifies the
following appointments by La Porte Independent School District and
Harris County:
Position 7 Dr. Say (LPISD) 2007
Position 9 Lindsay Pfeiffer (Harris Co.) 2007
Section 3. The City Council of the City of La Porte hereby
makes the following appointments to the Chapter 172 Employee
Retiree Insurance and Benefi ts Commi ttee, for terms expiring on
August 31st of the year indicated, or until their successors shall
have been duly appointed and qualified:
Citizen Position 1
Citizen Position 2
Retiree Participant -
Employee Participant-
Finance Staff
H.R. Staff
Legal Staff
Alternate to Citizen
Positions 1 and 2
Vacant 2007
Vacant 2009
Buddy Jacobs 2008
Karen Beerman No Term
Michael Dolby No Term
Robert Swanagan No Term
Clark T. Askins No Term
George Van Dyke
No Term
Vacant
No Term
Section 4. The City Council of the City of La Porte hereby
makes the following appointments to the Fiscal Affairs Committee,
2
without term, or until their successors shall have been duly
appointed and qualified:
Date Appointed
Chairman Chuck Engelken 1998
Committee Member - Barry Beasley 2004
Committee Membe r - Howard Ebow 1998
Alternate Member - Louis Rigby 2004
Alternate Membe r - Tommy Moser 2004
Section 5. The City Council of the City of La Porte hereby
makes the following appointments to the Fire Code Review Board of
the City of La Porte, for terms expiring on August 31st of the
year indicated, or until their successors shall have been duly
appointed and qualified:
District 1 Tim Bird 2008
*Jeff Brown 2009
*Woodrow Sebesta 2009
*Floyd Craft 2009
Jim Bridge 2006
Lester Clark 2008
*Bryan Moore 2009
Paul Vige 2008
*Lynn Green 2009
The City Council of the City of La Porte hereby
makes the following appointments to the La Porte Area Water
Authority, for terms expiring on August 31st of the year
indicated, or until their successors shall have been duly
appointed and qualified:
District 2
District 3
District 4
District 5
District 6
At Large-A
At Large-B
Mayor
Section 6.
3
Position 1 Robert Roy 2007
Position 2 Dennis H. Steger 2007
Position 3 Steve Valarius 2007
Position 4 *Chester Pool 2008
Position 5 * Paul Berner 2008
Section 7. The City Council of the City of La Porte hereby
appoints the following named persons, all of whom are residents of
the City of La Porte, and no more than four of whom are elected
ci ty officials or city employees, to serve as directors of the
City of La Porte Development Corporation without compensation, but
with reimbursement for actual expenses, for terms expiring on
August 31st of the year indicated, or until their successors shall
have been duly appointed and qualified:
Chuck Engelken
2007
*Mike Clausen
2008
Tommy Moser
2007
*Bill Love
2008
Ed Matuszak
2007
* Pat Muston
Debar.].!. JOI!11wuh Vltc.A'tJi ... R.. QS i'OJJ4? P
2006
2007
Section 8.
The City Council of the City of La Porte hereby
makes the following appointments to the La Porte Health Authority,
for terms expiring on August 31st of the year indicated, or until
their successors shall have been duly appointed and qualified:
Health Authority
Abdul R. Moosa, M.D. 2008
Alternate
Robert D. Johnston, M.D. 2008
Medical Advisor/EMS
Oscar Boultinghouse Contract
4
Section 9. The City Council of the City of La Porte hereby
makes the following appointments to the La Porte Redevelopment
Authority, for terms expiring on August 31st of the year
indicated, or until their successors shall have been duly
appointed and qualified:
Position 1
Peggy Antone 2007
*Dave Turnquist 2008
Alton Porter 2007
*Horace Leopard 2008
Douglas Martin 2007
*J.J. Meza 2008
Dr. Say 2007
*Chester Pool 2008
Lindsay R. Pfeiffer, Chairman 2007
The City Council of the City of La Porte hereby
makes the following appointments to the Main Street District
Committee, an "ad hoc" committee, without term, or until their
successors shall have been duly appointed and qualified:
Position 1 Bill Manning, Chairman No Term
Position 2 Robert Schlenk, Vice Chairman No Term
Position 3 Deborah Johnson No Term
Position 4 Douglas Martin No Term
Position 5 Vicki Campise No Term
Position 6 Paul Berner No Term
Position 2
Position 3
Position 4
Position 5
Position 6
Position 7
Position 8
Position 9
Section 10.
Position 7
Position 8
Position 9
Pat Muston
Gloria Lair
Brenda Brown
No Term
No Term
No Term
5
Section 11. The City Council of the City of La Porte hereby
makes the following appointments to the Main Street Advisory
Board, a new Board required by the Texas Historical Commission,
for terms expiring on August 31st of the year indicated, or until
,
their successors shall have been duly appointed and qualified: 1l-~Z ~
.:::JerrI! t4 (O~/Her !i/Y1t!/Y1d(;i .5~ymDl2~, t:D m~6UfC I L e't)naro .fu ::// 'WItJl1v'J ;"'~
.Posltl{:mi- I Vacant 2008 1:)1'" /)
'Jr,
Position 2-
Vicki Campise
2008
Position 3- Vacant 2008 y, 05:.): o~5
~ b-t A- 6:si'jI'l-PA
Position 4- Vacant 2009 ;H- ",; t..ri 1'J
Position 5- *Jerry Carpenter 2009
Position 6- Vacant 2009
Position 7- Michaelyn Dunaway 2007
Position 8- Claire Zaborowski 2007
Position 9- Lawrence McNeal 2007
Position 10 Position 10 eliminated by Ordinance 2004-2782-
L on August 28th, 2006, by City Council Action
Position 11
Position 11 eliminated by Ordinance 2004-2782-
L on August 28th, 2006, by City Council Action
There are also three (3) Ex Officio members of this Board:
1
the City of La Porte's Main Street Coordinator
2
the City Manager of the City of La Porte, or her
designee
3
the Manager of the La Porte-Bayshore Chamber of
Commerce
Section 12. The City Council of the City of La Porte hereby
makes the following appointments to the City of La Porte Planning
and Zoning Commission, for terms expiring on August 31st of the
6
year indicated, or until
appointed and qualified:
Chairman
their successors
shall have been duly
*Pat Muston 2009
Doretta Finch 2008
*Nick Barrera 2009
*Kirby Linscombe , Jr. 2009
Dottie Kaminiski 2007
Paul Berner 2007
Claude Meharg 2008
Hal Lawler 2007
Les Bird 2008
The City Council of the City of La Porte hereby
makes the following appointments to the Southeast Texas Housing
Finance Corporation Board of Directors, for terms expiring on
August 31st of the year indicated, or until their successors shall
have been duly appointed and qualified:
Director *Patricia Muston
District 1
District 2
District 3
District 4
District 5
District 6
Alternate 1
Alternate 2
Section 13.
2009
Section 14. The City Council of the City of La Porte hereby
makes the following appointments to the Youth Advisory Council,
for terms expiring on August 31st of the year indicated, or until
their successors shall have been duly appointed and qualified:
Position 1 Shelby Barnett 2005
Position 2 Hiba Haroon 2005
Position 3 Chaise J. Merritt 2005
Position 4 Laura J. Low 2005
Position 5 Amanda Gass 2005
Position 6 Brandy C. Hickey 2005
7
Position 7 Clemea J. Donaldson 2005
Position 8 Brandon C. Lunsford 2005
Position 9 Pierre N. Castillo 2005
Position 10 LaSadra M. Hillman 2005
Position 11 Margo R. Curette 2005
Position 12 Marc R. Vanderbrink 2005
Position 13 Carol Parmer 2005
Position 14 Mia Parisi 2005
Position 15 Taylor Ryan Rowan 2005
Position 16 Ashley N. Weddle 2005
Section 15. The City Council of the City of La Porte hereby
makes the following appointments to the Zoning Board of
Adjustment, for terms expiring on August 31st of the year
indicated, or until their successors shall have been duly
Sidney Grant 2007
Bob Capen 2007
Rod Rothermel 2007
Charles Schoppe 2007
George (Bill) W. Maltsberger 2007
*Lawrence McNeal 2008
Alternate 2 *Gilbert Montemayor 2008
Section 16. The City Council of the City of La Porte hereby
appoints the following named persons, all of whom are resident
electors of the City of La Porte or non-resident individuals
owning or operating a business within the City of La Porte, duly
verified by proof of an applicable tax statement or utility
appointed and qualified:
Position 1
Position 2
Position 3
Position 4
Position 5
Alternate 1
8
account for such business, and each of whom the City Council deems
competent to serve on such Board by virtue of their experience and
training in matters pertaining to building construction, and none
of whom are employed by the City of La Porte, to serve as members
of the Building Codes Appeals Board for terms expiring on August
31st of the year indicated, or until their successors shall have
been duly appointed and qualified:
Position 1 Tom Campbell, Chairman 2007
Position 2 Terry Bunch, Vice Chairman 2007
Position 3 Paul Larson 2007
Position 4 Ron Holt 2007
Position 5 Ken Schlather 2007
Position 6 John Elfstrom 2007
Position 7 Bruce Compton 2007
Section 17. The City Council of the City of La Porte hereby
makes the following appointment to the Fire Fighters Pension Board
of Trustees, to serve without term or until his successor shall
have been duly appointed and qualified:
City Council Representative *John Joerns 2007
Section 18. If any section, sentence, phrase, clause or any
part of any section, sentence, phrase, or clause, of this
ordinance shall, for any reasons, be held invalid, such invalidity
shall not affect the remaining portions of this ordinance, and it
is hereby declared to be the intention of this City Council to
have passed each section, sentence, phrase or clause, or part
thereof, irrespective of the fact that any other section,
9
sentence, phrase or clause, or part thereof, may be declared
invalid.
Section 19.
All ordinances or parts of ordinances in
conflict herewith are repealed to the extent of such conflict
only.
Section 20.
The City Council officially finds, determines,
reci tes, 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 21. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 28TH day of August, 2006.
By:
C~.~F LA!O~
~g \~k:-~
Alton E. Porter
Mayor
ATTEST:
'/J1tt;a;/1$ tJ.4Ut/
Martha A. Gillett
City Secretary
10
APPROVED:
~r~
Clark T. Askins
Assistant City Attorney
11
MEMO
TO: Mayor and City Council
THROUGH: Debra B. Feazelle, City Manager and/or John Joerns, Assistant City Manager
FROM: Debra D. Dye, Main Street Coordinator
DATE: August 17, 2006
REGARDING: 5 Board Appointments - Main Street Advisory Board
The current board would like to recommend City Council consider reducing the number of seats from 11 to 9; it
has been difficult to work around so many schedules and meet a quorum. This would mean 5 positions need to
be filled.
Attached are the applications for you to review on the following people:
1. Jerry Carpenter - is interested in serving on the board again; lives on Main Street (application on file in CSO).
2. Amanda Seymore - from the "Slightly Off Center Players" Theater
3. Edward Matuszak - URS Corporation, firm is undertaking turning the Astro Dome into a hotel
4. Leandro Suarez - Manages EI Ranchero Mexican Restaurant on Main Street
5. Stephanie Cox - Assistant Principal at Lomax Junior High, excellent contacts with LPISD
6. Troy Pulver - owner of downtown business, Main Surplus
7. William Manning, JR - water utility design engineer
It is important for us to get a good cross section of people in the fields of finance, administration, economic
development, business, design, marketing, public relations, festivals, and historic preservation, as well as
representatives from the school district, plants, etc. The type of board members we are looking for are those
who are visionaries, positive, and passionate about the tremendous potential that lies within downtown and who
want to see downtown's historical buildings and character preserved and enhanced, and for the area to become a
thriving part of our community and region. For our purposes it is not necessary that thry live in La Porte (this has
been approved by Knox) as long as they have the vision, drive, and commitment we need to accomplish great
things for downtown.
The following people need to resign from the Main Street Advisory Board: Deborah Johnson has accepted a position in Pearland, APril Crone
has been dealing with health issues, and Jon Lawler does not have time to commit to the board due to responsibilities with the Alliance.
Bill Manning, Sr., Gerald Metcalf, and Paul Pieri's terms are over this year and due to circumstances are not able to serve another term.
City of La Porte
Established 1892
August 28, 2006
Hon. Mayor & City Council
City of La Porte
City Hall
La Porte, Texas
Gentlemen:
I hereby appoint Keith Trainer as a Member of the civil Service
Commission of the City of La Porte, for a term expiring on August
31, 2009, or until his successor shall have been duly appointed and
qualified.
Yours very truly,
~dL/
Debra BrooKs Feaze~e
City Manager
DBF:sw
po. Box 1115 · La Porte, Texas 77572-1115 · (281) 471-5020
.P-11l(
ORDINANCE NO.
AN ORDINANCE APPOINTING MEMBERS OF THE CIVIL SERVICE COMMISSION,
PROVIDING A SEVERABILITY CLAUSE, CONTAINING A REPEALING CLAUSE,
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, PROVIDING AN
EFFECTIVE DATE HEREOF.
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
ratifies and confirms the appointment by the City Manager, of Keith
Trainer, as a Member of the Civil Service Commission of the City of
La Porte, for a term expiring on August 31, 2009, or until his
successor shall have been duly appointed and qualified.
Section 2. If any section, sentence, phrase, clause or any
part of any section, sentence, phrase, or clause, of this ordinance
shall, for any reasons, be held invalid, such invalidity shall not
affect the remaining portions of this ordinancer 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 3. All ordinances or parts of ordinances in conflict
herewith are repealed to the extent of such conflict only.
Section 4.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the pUblic at the City Hall of the
City for the 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 5. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 28th day of August, 2006.
By:
Cf!\'! ,~F LA PO~
~__Lv\~
Alton E. Porter
Mayor
ATTEST:
L/1L~J II ~
ar ha A. Gillett
City Secretary
APP~
J r 1f~AM
Z T. Askins
Assistant City Attorney
2
NO BACK UP PROVIDED