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HomeMy WebLinkAbout2007-10-08 Regular Meeting and Public Hearing of LP City Council 5 A -------- ----------- MINUTES OF REGULAR MEETING AND PUBLIC HEARING OF THE LA PORTE CITY COUNCIL October 8, 2007 1. CALL TO ORDER The meeting was called to order by Mayor Pro Tern Rigby at 6:08 p.m. Members of City Council Present: Mayor Pro Tern Rigby, Council members Tommy Moser, Mike Clausen, Georgia Malone, Howard Ebow, Mike Mosteit, Barry Beasley and Chuck Engelken. Members of Council Absent: Mayor Porter. Members of City Executive Staff and City Employees Present: Assistant City Attorney Clark Askins, Planning Director Wayne Sabo, Interim Finance Director Michael Dolby, City Secretary Martha Gillett, Interim Acting City Manager Director Steve Gillett, Purchasing Manager Susan Kelley, Buyer Cherelle Daeumer, Police Sergeant Deaumer, Patrol Officer Matt Novosad, Building Official Debbie Wilmore, Lieutenant Deardorff, Administrative Assistant Michelle Bedford, Assistant Fire Chief John Dunham and Chief of Police Richard Reff. Others Present: John Handy of Houston Chronicle, Adam Yanelli of Bay shore Sun, Pat Reff, Shar Lynch, Margaret Compton, Fred Hanzelka, Alta Nute, Charles Nute, David Janda, James Stout, Bob Klassen, Cheryl Harper, Trent Wise, Frank Fullbright, Debbie Styron, Ronda Lunsford, Kyle Jones, J. McKown, Robyn Gallion and other citizens. 2. Assistant City Attorney Clark Askins delivered the invocation. 3. Mayor Pro Tern Rigby led the Pledge of Allegiance. 4. PRESENTATIONS / PROCLAMATIONS Mayor Pro Tern Rigby and Police Chief Richard Reffpresented "Employee of the (Third) Quarter to Michelle Bedford from the Police Department. 5. Consent Agenda A. Consider approving Minutes of the Regular Meeting Public Hearing and Workshop Meeting of La Porte City Council held on September 24, 2007. B. Council to consider approval or other action regarding ordinance 1000-I-S amending Chapter 6 of the code of ordinances of the City of La Porte by approving an alcohol permit for Tony's Barbecue and Steakhouse, Inc.. C. Council to consider approval or other action for awarding bid # 07031 for demolition of buildings in the amount of $32,204.00. D. Council to consider approval or other action for awarding bid # 07029 for the City Wide Sidewalk In-fill Project in the amount of$59,177.08 and to establish a contingency of$7,360.00 which will also be used to help fund additional areas where new sidewalks are needed. City Council Regular Meeting and Workshop Meeting -October 8, 2007 Page 2 E. Council to consider approval or other action for awarding bid # 07028 for the La Porte Community Library roof repair to MCT Sheet Metal, Inc. in the amount of $24,543.00 and authorize an additional $1,227 for contingency. F. Council to consider approval or other action regarding two ordinances Ord. 3033 and IDA-84 authorizing the City Manager to execute an Industrial District Agreement with FR/CAL INTERPORT, LLC. and an ordinance authorizing the City Manager to execute a Water Service Agreement with FR/CAL INTERPORT, LLC. G. Council to consider approval or other action authorizing the City Manager to execute a contract with D& W Contractors, Inc. for the replacement of Old Orchard Road in the amount of $499,990 and authorize an additional $25,000.00 (5%) for contingency. H. Council to consider approval or other action regarding an ordinance 3024-A amending the fiscal year 2007-2008 Budget for the general fund for $32,204.00 for building demolition. I. Consider approval or other action approving changes to the City of La Porte's and the La Porte Area Water Authority's Drought Contingency Plans. Mayor Pro Tern Rigby suggested item C be pulled and not voted on until after comments could be heard during public portion of the meeting. Items B, E and F were pulled for discussion. Motion was made by Councilmember Beaslev to table item D due to not receiving check. until the October 22. 2007. Council Meeting. Second by Georgia Malone. Motion carried. Ayes: Moser, Engelken, Clausen, Mayor Pro Tern Rigby, Beasley, Mosteit, Ebow and Malone. Nays: None Abstain: None Absent: Mayor Porter Motion was made by Council member Mosteit to approve items A. B. E. F. G. H and I on the consent agenda as presented. Second by Council member Engelken. Motion carried. Ayes: Moser, Engelken, Clausen, Mayor Pro Tern Rigby, Beasley, Mosteit, Ebow and Malone. Nays: None Abstain: None Absent: None 6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX P AYERS WISHING TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE AGENDA. City Council Regular Meeting and Workshop Meeting -October 8, 2007 Page 3 Mr, Ptirman - 210 Pine Bluff La Porte TX 77571 - Mr. Ptirman was not present due to a family emergency but Cheryl Harper spoke on his behalf and addressed Council regarding demolition of his property located at 210 Pine Bluff. Ms. Harper requested Mr. Ptirman be afforded additional time and that Council reconsider removing this property from being demolished. She provided Council with pictures of the property and informed them she had a contractor present who could testify the property is structurally sound (see attached pictures). Matt Daeumer - 4929 Archway Dr. La Porte, TX 77571 addressed Council regarding the compensation study and open records procedures. Mr. Deaumer provided Council with a handout of his speech (see attached). Item 5C was voted on at this time. C. Council to consider approval or other action for awarding bid # 07031 for demolition of buildings in the amount of $32,204.00. Council noted they want the property owner and City staff to do a walk through of this property as soon as possible. In addition, Council requested staff to advise them of the number of properties targeted for demolition each year by the City. Motion was made bv Councilmember Moser to award bid #07031 for demolition of buildings to low bidder. in the amount of $32.204.00. Second by Georgia Malone. Motion was amended by Councilmember Moser to state demolition of 210 Pine Bluff should be delayed until the October 22. 2007 Council Meeting at which time the Council would consider the matter as a separate agenda item and that the property owner must meet with City staff prior to that time. Second by Councilmember Mosteit. Motion Carried. Ayes: Mayor Pro Tern Rigby, Mosteit, Engelken, Ebow, Malone, Beasley, Moser and Clausen. Nays: None Abstain: None Absent: Mayor Porter 7. Public Hearing - Council to consider recommendation of the Planning and Zoning Commission to approve special conditional use permit #SCD07-008 for operating a multi- purpose event center at 10515 Spencer Highway. Open Public Hearing - Mayor Pro Tern Rigby opened the Public Hearing at 6:48 p.m. Planning Director Wayne Sabo presented summary and recommendation and answered Council's questions. Public Input: There was not any public input. Recommendation of Planning and Zoning - Council to approve special conditional use permit #SCD07-008 for operating a multi-purpose event center at 10515 Spencer Highway. City Council Regular Meeting and Workshop Meeting -October 8, 2007 Page 4 The Public Hearing was closed at 6:52 p.m. 8. Assistant City Attorney Clark Askins read: Ordinance 1501-A6 CONSIDER APPROVAL OR OTHER ACTION REGARDING 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 #SCU07-008 FOR THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: 0.8272 ACRE TRACT IN THE W.J. PAYNE SUBDIVISION, W.M. JONES SURVEY, ABSTRACT 482, LA PORTE, HARRIS COUNTY, TEXAS FOR THE PURPOSE OF DEVELOPING A MULTI-PURPOSE EVENT CENTER AT 10515 SPENCER HIGHWAY IN A PLANNED UNIT DEVELOPMENT (PUD) ZONE; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Council member Ebow to approve ordinance 1501-A6 as recommended by The Planning and Zoning Commission. Second by Council member Beasley. The motion carried unanimously. Ayes: Mayor Pro Tern Rigby, Moser, Beasley, Clausen, Engelken, Mosteit, Ebow and Malone. Nays: None Abstain: None Absent: Mayor Porter 9. Public Hearing - Council to conduct the first of two public hearings to receive public comment prior to institution of proceedings to annex properties currently subject to the Industrial District Agreements with the City. fro . T.tft\ G:cr bu Open Public Hearing - Mayor-Ji!:affer opened thnublic Hearing at 6:54 p.m. Planning Director Wayne Sabo presented summary and recommendation and answered Council's questions. Public Input: There was not any public input. Recommendation of Council- Council directed staff to move forward with second Public Hearing. The Public Hearing was closed at 6:56 p.m. 10. Council to discuss and nominate two individuals to the Municipal Solid Waste Management and Resource Recovery Advisory Council. Mayor Pro Tern presented summary and answered Council's questions. Motion was made by Council member Clausen not to nominate to the Municipal Solid Waste Management and Resource Recovery Advisory as recommended by Mayor Porter Second by Council member Engelken. The motion carried unanimously. Ayes: Mayor Pro Tern Rigby, Moser, Beasley, Clausen, Engelken, Mosteit, Ebow and Malone. City Council Regular Meeting and Workshop Meeting -October 8, 2007 Page 5 Nays: None Abstain: None Absent: Mayor Porter 11. Administrative Reports Acting Interim City Manager Steve Gillett provided Council with the following Administrative Reports. The Kaneka Texas Corporation October 10, 2007 II :00 a.m. - I :00 p.m., the TML Conference November 9-13,2007 in Dallas, Texas and the Coffee Symposium November 13,2007 at the Hilton Americas (Lamar) in Houston, Texas. 12. Council Comments Mayor Pro Tern Rigby, Moser, Ebow, Malone, Engelken Mosteit and Clausen, had comments. 13. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, 551-087, TEXAS GOVERNMENT CODE (CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION, DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS) SECTION - 551.087 (DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS) MEET WITH INTERIM CITY MANAGER AND CITY A TIORNEY TO DISCUSS IDA NEGOTIATIONS Mayor Pro Tern Rigby informed the Council there was no need for this Executive Session. 14. Considerations and possible action on items considered in executive session. 15. There being no further business to come before Council, the Regular Meeting was duly adjourned at 7:08 p.m. ~tfull~:~61 M''j'~~tt, TRMC, CMC City Secretary Passed and approved on this 22nd day of October 2007 (\ ~. ~K\f-~~ -', t ~tz_---- Mayor Alton E. Porter Council and Mayor, I am truly sorry that I have to address you this evening. It seems that as an organization we either do not care or we just don't know how to treat employees. First of all, I will give you a little history and point out some facts. In 2006, the City sponsored the Mercer Study. It was not completed on time, nor was any information shared with the employees. When the study was completed, the results did not appear favorable to some, so it was discarded. On January 8, 2007 Council voted to approve a 3.25 % raise to all employees and make it retroactive to October 1, 2006. They also asked that City Staff to produce a Benefits and Compensation Study. Mr. Joerns advised that he would have a schedule for this study at the January 22 Council Meeting. On January 22, Mr. Joerns advised that it would take two more days to produce this schedule. On August 13, 2007, at the Budget Meetings, City Staff advised that they had put $690,000 in the Budget for Employee Raises and Compensation. Mr. Joerns advised that a separate report is being prepared on the raises to give to Council at a later date. On August 27, 2007 you passed the 2007/2008 Budget, but there was no indication on how employees would get raises. By September 20, 2007, there had been no indication from anyone at the City on how or when Employee Raises would be distributed, so I filed an open records request for this information. There were meetings of City Staff and the Asst. City Attorney to not disclose this information and a request was sent to the Attorney General's Office to stall the release of this information. It is unknown how much this cost in Attorney's Fees and City resources. Government is supposed to be by the people and for the people. It should also be transparent, so there are no perceptions of improprieties. Every City that I know gives it employee raises on October 1 or January 1, but they let their employees know what is going on. Why is it that we have been working on compensation studies for the last two years, but we cannot get them completed on time. Why is it that everything is top secret. In order to improve morale, not only do we have to make the City of La Porte's pay and benefits competitive, we must give employees ownership in the organization by keeping them informed and making them feel like they belong to something. It is now October 8, 2007, we have been operating under the 200712008 Budget since October 1, but there is still no word. My only question to you tonight is WHY. Matt Daeumer 4929 Archway Drive La Porte, Tx 281-867-4447 AS KINS & AS KINS, F.e. ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P.O. BOX 1218 LA PORTE, TEXAS 77572-1218 KNOX W. ASKINS CLARK T. ASKINS telephone 281.471.1886 telecopier 281.471 .2047 kaskins@houston.rr.com ctaskins@swbell.net October 2, 2007 via cm/rrr #70 0810 0001 4351 9768 the Texas Attorney General Open Records Section o Box 12548 in, TX 78711-2548 RE: Request for Disclosure of Public Records held by the City of La Porte,. Received September 20, 2007 Dear Sir or Madam: I am the Assistant City Attorney for the City of La Porte, Texas. On September 20, 2007 a request for disclosure of public records was received by the City of La Porte. The requests seeks "any document, including .drafts, containing recommended salary structures, pay raises, and employee compensation for City of La Porte for the 2007/2008 budget." Information responsive to the request is enclosed with this letter, along with a copy of the original request received by the City. A potion of the requested information will be released to the requestor, as indicated in the enclosed documentation. However, the City of La Porte seeks to withhold from disclosure the balance of the responsive information, for the reasons stated herein. The City of La Porte takes the position that the information sought to be withheld is the subject of an ongoing policy review and formulation process and as such does not constitute a ~~completed report, audit, evaluation, or investigation made of, for, or by a governmental body r r under Section 552.022 of the Public Information Act. At the request of the La Porte City Council the office of the city manager was asked to perform an internal salary and benefits survey for all job positions currently employed with the City of La Porte. The city manager's office, at the time of the writing of this letter, is in the process of collecting necessary information from various departments within the City In order to prepare a final report for the City Council. In conjunction with the City's argument that the requested information does not constitute a completed report, the City of La Porte would argue that the information requested is exempt from public disclosure pursuant to 552.111 of the Public Information Act. Specifically, the City of La Porte believes that under ~552.111 the subject report and related documentation constitutes an interagency and/or interagency communication that relates to the City of La Porte's policy making mission. In this regard the City would show that the purpose of the investigation is to develop salary and benefits policy relating to all city employees (as opposed to a particular employee), and relates to advice and recommendations on general policYmaking matters ultimately decided by the La Porte City Council. The City would note that the requested materials relate to a category broader than mere personnel matters. In Open Records Decision No. 631 (1995), the Attorney General's Office held that when personnel matters are of such a nature as to impact the area of a governmental body's policy mission, they can be considered part of "policy-making functions". Accordingly, the City of La Porte seeks to exclude the full content of the report. Finally, should your office determine that the report is not protected from disclosure, the City of La Porte would ask that your office redact all parts or severable sections of the report that relate to the policy-making functions of the city and would therefore qualify under the above referenced exceptions. This letter constitutes a request for an opinion as to the disclosure of the information attached. If you have any questions or comments, please do not hesitate to contact the undersigned. Respectfully yours, ~ r M<A;:' Clark T. Askins Assistant City Attorney City of La Porte, Texas CTA Enclosures cc: Martha Gillett, City Secretary, City of La Porte ~. Matt Daeumer ~ ~ ~ ;: = .... r- ~ a~ ~ ~ r= ~ ~~ c...- ~ r,/) ,.,~~ ...", 'Jr ~ ~ ~..g~ .,... ~ u r \ ...... ~ <:t ~. ~ t- o o ('-l 00 ~ 0\ Decision Packages by City Manager -.., . Merit Program (Pooled in Non-departmental) . Compensation Review . Employee Morale / Liability Reduction (Sick Buy Back) . Health Insurance Adj (from 6900 to 7793) (12.5% Increase) - $188.1k 693.3 89.8 320.8 33 9/28/2007 8:45 AM GM206I01 Account . . Description CITY OF LA PORTE Miscellaneous Account Information 9/28/07 08:4.3:24 2008 1-6146-515-99.97 BUDGET REQUESTS / REQ FOR SPECIAL PROGRAMS Type Information, press Enter. Seg # 1. 00 2.00 3.00 4.00 F3=Exit Code 08AD 08AD 08AD 08AD F8=print Freeform information MERIT SICK BUY BACK COMPENSATION STUDY IMPLEMENTATION ADDITIONAL MONEY FOR COMPENSATION STUDY Amount 188,135 89,828 300,000 393,285 F12=Cancel City of La Porte, Texas Non Departmental OJ 1-6146-515 Detail of Expenditures Actual Budget Estimated \dopted 2005-06 2006-07 2006-07 . ~007-08 Personal Services: 1055 Termination Pay (SickJVac) 173,401 140,000 140,000 150,000 1060 FICA 12,326 10,710 10,710 11,475 1065 Retirement 22,453 17,842 18,326 20,653 1080 Insurance - Medical 240,000 315,900 315,900 397,443 1095 Employee Reimbursement - Dell 35,000 15,000 Personal Services Subtotal 448,181 484,452 519,936 594,571 Supplies: 2002 Postage (3,385) 2,000 2,000 2,000 2015 Other Supplies 8,270 4,000 6,096 6,500 2091 Office Furniture/Equipment 4,423 Supplies Subtotal 9,309 6,000 8,096 8,500 Services & Charges: 3001 Memberships & Subscriptions 566 4001 Office Equipment (6,233) 10,996 10,996 11,000 401 I Building 4,917 5,000 5,000 5,000 5004 Consulting 30,375 55,430 25,430 30,000 5006 Fiscal Services 234 5007 Other Professional Services 57,500 85,230 85,230 90,630 5013 Property Appraisal 3,000 3,000 6,000 6010 Janitorial 15,000 13,164 15,000 6091 Bad Debt Expense 54 50 100 7001 Electrical 441,459 567,000 591,418 708,665 7004 Water 2,814 3,000 2,900 3,000 9094 Gas Inventory in Process 40,183 9002 Admin Trans to Fund 002 54,524 54,524 9008 Admin Trans to Fund 008 3,537 3,537 9014 Admin Trans to Fund 014 1,177,438 888,170 888,170 687,340 9015 Admin Trans to Fund 015 714,450 243,747 1,183,000 9023 Admin Trans to Fund 023 7,751 7,751 9024 Admin Trans to Fund 024 17,403 17,403 9026 Admin Trans to Fund 026 2,209 2,209 9028 Admin Trans to Fund 028 70,279 470,279 9036 Admin Trans to Fund 036 500,000 500,000 500,000 9041 Admin Trans to Fund 041 500,000 9043 Admin Trans to Fund 043 153,915 9050 Contingency 234,390 266,840 282,453 9997 Special Programs 378,134 378,134 971,248 Services & Charges Subtotal 3,616,872 3,144,800 4,509,269 2,811,002 Capital Outlay: 8002 Building Improvements 20,659 Capital Outlay Subtotal 20,659 Division Total 4,095,021 3,635,252 5,037,301 3,414,073 G RECEP\fED OCT 11:; 2007 CiTY SECRETAR's"S REQUEST FOR CITY COUNCIL AGENDA ITEM OFF'CE Agenda Date Requested: October 22. 2007 Appropriation Requested By: Ray Nolen Source of Funds: N/A Departmeut: :lMS Account Number: Amount Budgeted: Report: Resolution: Ordinance: x Amount R.equested: Exhibits: Copy of Contract Exhibits: rn a..p Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION The City has negotiated a new contract with the Association of Bayport Companies. Inc.. for Emergency Medical Service at the Bayport Industrial Area for a period of one year at a rate of$19.36 per employee. Attached is an ordinance authorizing the City Manager to execute a contract effective October 1. 2007 with the Association of Bayport Companies. Inc. for Emergency Medical Sen'ice at the Bayport Industrial Area. The current contract expired on September 30. 2007 and automatically reverted to a month-to-month agreement pending negotiations of a new contract. 2006-07 Revenues - Actual $95.387.00 2007-08 Revenues - Pr~jected $108.958.08 RecOlIDnend that council approve the City Manager to execute the submitted contract for providing Emergency Medical Sen.ice to the companies located in the Bayport Industrial Me3. Action ReQuired bv Council: Approve an Ordinance authorizing the City Manager to execute a contract with the Association of Bayport Companies for the City of La Porte EMS. Council A en a (D Date ORDINANCE NO. 2007-..3.O,QS- AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND THE ASSOCIATION OF BAYPORT COMPANIES, INC., FOR EMERGENCY MEDICAL SERVICES, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING ca-a>LIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, a copy of which is on file in the office of the City Secretary. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council of the City of La Porte officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place, and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. ORDINANCE NO. 2007-~ 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 22nd day of October, 2007 fC\TY OF "-~ PORTE By: ~~~ Alton E. Porter, Mayor ATTEST: ~!~f6ir2ertl:{{~ Secretary APPROVED: ~ /: ~ hr Knox . Askins, City AttOrhey H REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: October 22. 2007 Requested By: WaIDe J~ Department: Plan nine: Source of Funds: N/A Account Number: N/A Amount Budgeted: NI A Report: _Resolution: _Ordinance: ..L 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. Ordinance for San. Sewer Service Agreement F. Sanitary Sewer Service Agreement G. Area Map Budgeted Item: _YES -X-NO SUMMARY & RECOMMENDATION GSL Investments, Inc. has approached the City for water and sanitary sewer service to its site at 9409 New Century Drive in Bayport Northlndustrial Park located in the Bayport Industrial District The facility will be leased by the T.D. Williamson Company. Council has approved a policy to provide water and sanitary sewer service to companies located outside the city limits and within the City's industrial districts. These companies are required by the policy to execute and maintain an Industrial District Agreement with the City. GSL Investments, Inc. (T.D. Williamson Company) desires to obtain water and sanitary sewer service under the terms of this policy. Based on the company's estimated demand, the average daily demand for water is 750 gpd, which is within the policy's limit of 30,000 gallons per day. The applicant will pay one and one-half (1-%) times the City's current utility rate. Additionally, GSL Investments, Inc. is subject to one-time connection fees associated with its WSA and SSSA in the amount of $5,000 for each agreement. The company has subsequently made payment to the City in the amount of $10,000. The term of the company's agreements expire on December 31, 2007, plus any renewals and extensions thereof. However, the agreement shall automatically expire at such time as there is no effective IDA between the parties or, if the city exercises the right of termination. Staff recommends approval of an Industrial District Agreement, a Water Service Agreement and a Sanitary Sewer Service Agreement with GSL Investments, Inc. (T.D. Williamson Company, Lessee) as submitted herein. Action Required bv Council: Approve three ordinances. One ordinance for each of the following agreements with GSL Investments, Inc. . Williamson, Lessee): An Industrial District Agreement, a Water Service Agreement, and a Sanitary er Service Agreement Ron Bottoms, City Manager /0 frvlol Date EXHffiIT "A" (to Agenda Packet) Ordinance for Industrial District Agreement 1ft;? /Y'tW ~h ~. ORDINANCE NO. 2007- ~D~(P AN ORDINANCE APPROVING AND AUTHORIZING AN INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE AND GSL INVESTMENTS, INC. (T. D . WILLIAMSON COMPANY, LESSEE); 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, in substantially the form as shown in the document which is attached hereto and incorporated herein by the reference. The City manager 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 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. Section 3. This ordinance shall be effective from and after its passage and approval, and it is so ordered. ORDINANCE NO. 2007- 303l.o PASSED AND APPROVED, this Jr}/lJ/') ATTEST: Lf()tt1li~ t1 /idl1 Martha A. Gillett City Secretary APPROVED: ~uJ. ~ Knox W. Askins City Attorney By: day of OL-I-tJ/x / PAGE 2 , 2007. CITY OF LA PORTE O rv Ut-~~~!\ ~. Alton E. Porter Mayor EXHffiIT "B" (to Agenda Packet) Industrial District Agreement MAY-10-2007 THU 11:48 AM FAX NO. P. 02 NO. 2000-IDA-~ STATE OF TEXAS s s s s ~ tIP? bthwP,.ey p~ COUNTY OF HARRIS ZNDVSTRIAL DISTRIC~ ASREEMEHT This AGREEMENT made aDd entered into by and between the CITY OF LA J?ORTE, TEXAS, a municipal co poration of Barris oUn~1 Texas, hereinafter called .CITY", and . '- ~-hnen ~ , a -Iex..ctS corporation, here:1. after called · COMPANY l' , WIT N E SSE T E: 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 oitizens; 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 nDistrict-, 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 IIAn (hereinafter "Land") I and said Land being more particularly shown on a plat attaohed as Exhibit "S", which plat describes the ownership boundary lines; a si te layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La ~orteJ 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 I February 24, 2000 MAY-lO-2DD? THU 11:49 AM FAX NO. P, Uj I. city covenants, agrees and guarantees that during the te~m of this Agreement, provided below, and subject to the terms and provisions of this Agreement ( said District shall continue to retain its extraterritorial stacus 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 oorporate 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 he~etofore annexed, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (bJ presoribing any building, electrical, plumbing or inspection code or codes, or (0) attempting to exeroise in any manne~ whatever control over the conduct of business thereon; provided, however, any poxtion of Land constituting a strip of land 100' wide and contiguous to either pairmont Parkway, State Highway 225, or State Highway 146 t shall be subject to the rules and regulati.ons attached hereto as Exhibit 'elf and made a part hereof; and provided, howe~er, 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 1exas Clean Air Act, the Texas Health & Safety Code, or otheT federal or state environmental lawa, rules or Tegulations, to the same e~tent 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 ~uch annexed Land and improvements, and tangible personal property. Under the terms of the ~exas Property Tax Code (S.B. 621, Acts of the 65th Texas Legislat.ure, Regular session, 1979, as amended), the appraised value for tax purposes of the annexed portion of Land, improvements I 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 th~t the a.ppraisal 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 pa:r:ties recognize that in making such appraisal for "in lieu" payment purposes, such appraiser must of neoessity appraise the entiX'e (annexed and unannexed) Land, improvements, and tangible personal property. 2 MAY-tO-20D? THU 11:49 AM FAX NO, P. U4 Nothing herein contained shall ever be interpreted as lessening the authority of the Harris County Appraisal Distriot to establish the appraised value of LandI improvements, and tangible personal property in the annexed portion, for ad valorem tax purposes. III. A. On or before April 15, 2001, and on or before each April 15th thereafter, unless an extension is granted in accordance with the 'l'exas Property Tax Code, through and including April 15, 2007, Company shall provide City with a w~itten 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 heing SWorn to by an authorized officer of the Company authorized to do so, or Company' 5 duly authori2ed agent, (the Company's "Rendition"). Company may file such Rendition on a Harris County Appraisal District rendition form, or similar form I The properties whicb the Company must render and upon which the "in lieu ofll ta.xes are assessed are more fully described in subsections 1, 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 ~roperty 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 pretest 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 p~operty 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 Com~any 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 a.s 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 1, 2001, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, (exoluding amounts payable pursuant to subparagraph 2, below), bad been within the corporate limits of City and appraised 3 MAY-lO-20D? THU 11:49 AM FAX NO, p, 05 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 lncrease 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 (30lt) of the amount of ad valol:'em 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 Texap 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 (S%) 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 I, 2000, an amount equal to the amount of the depreciation will be removed trom the calculation under this subparagraph 2 to restore the value to the January 1, 2000, valuej and 3. Fifty-three percent (53%) of the amount of ad valore~ 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 equip~ent, 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 ~ear during the term of this Agreement, had been within the corporate limits of city and appraised each year by the City'S independent apprai~er, 4 MAY-10-2007 THU 11:48 AM FAX NO. p, 06 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 po:r;tion thereof as determined by appraisal by the Harris County Appraisal Pi5trict. IV. This Agreement shall extend for a period beginning on the 1st day of JanuarYk 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 a.s provided by the Municipal Annexation Act; providedJ 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 nistrict shall terminate. Xu 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 thia 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 Texae which imposes greater re5trictions 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 ~eriod or periods by agreement between City and Company and/or Jots 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 fer 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 preolude 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 MAY-IO-2007 THU 11:48 AM FAX NO, P. 07 foregoing provisions 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 jurisdiotion or as the ~esult 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 Cotnpany disagree with any appraisal ma.de by the inc'lependent 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 disa~reement within such time period, the appraisal made by said 1ndependent 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 believe~ 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 Inarket 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 Cit.y, 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 fa) 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' oS valuations rendered and/or submitted to City by Company he:teunder, or the total assessment and "in lieu of taxes" thereon for the last preceding year, whichever is higher. 1. ~ 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 ~o days, the parties will joih 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 ahall be resolution of the difference between the parties as to the fair market value of Company's property for C!aJ.culation of the "in lieuw 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 MAY-10-20D? THU 11:50 AM FAX NO. P. 08 expert op1n1on, and shall rende~ 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 111, "General Arbitration", Texas Civil practice and Remedies Code). Costs of the arbitration ahal1 be shared equallY by the Company and the city, provided that each party shall bear its own attorneys fees. VII. city shall he entitled to a tax lien on Company's above described p:t:operty, 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 he collectible by City in the same manner as provided by law fo~ delinquent taxes. VIII. This Ag~eement shall inure to the benefit of and be binding upon city and Company, and upon Company' B successors and assigns, affiliate~ and subsidiaries, and sball 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 a.ny 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. xx. 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 thia Agreement is in effect, which contains terms and provisions more favorable to the landowner than those in this Agreementl Company and its assigns shall have the right to amend this ~greement and City agrees to amend same to embrace the more favorable terms of such agreement or renewal agreement. x. ~he parties agree that this Agreement complies with e~isting laws pertaining to the BUbject and that all terms, considerations and conditions set forth herein are la~ful, 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 any on~ or more wo~ds, phrases, clauses, sentences, paragraphs, sections I articles or other parts of this Agreement or the application thereof to any person, firm, 7 li::-.x \; I i>\ T - A EXHIBIT li~' LEGAL DESCRIPTION OF tHE LAND FIELD NOTE DESCRIPTION OF 1JM31 ACRES (84.M2 SQUARE FEaT) OF LAND OUT OF RESTRiCTED RESERVE ''1\", OF BAYPORT NORTHINOUSTRIALPARK. AS RECORDED IN FilM COol:' NO~ 437010 OF THe HARRISCOUNIY MAP RECORDS AND ALSO BEING OUT OF iHA r CERTAIN CALl.E06.9S96 ACRE TRACT OF LAND DESCRlBED BY INSTRUMENT RECORDED UNOER Ht-\RR1S COUNTY CLERK'S FilE NO. 20060245720 ANO lOCATEOINTHE"'JILLlAM M.JONES SURVEY, A.482, HARR.IS COUNTY, TEXAS. SAIO. 1.9431 ACRE TRACT BEING MORE PARTICULAR!. Y OESCRIBED SV METES AND SOUNDS ,'\$ FOllOWS; COMMENCING Qt a 5!3 inch iron rod found in lhe NorL'l right.of''1tay line of Net^' CenlUl"j Otivc (60 fOO1'It.do), sa~ N-OO rcd m\uk~ the Soothwesl ~o.rnef' of that cef.lain caMed 7.1526. acre. tta~t fecorded under Harris County Clerk's File No. YG802GO, said ir~ rodaiso mari<sthe Sautheast comer of said ~a1;ed 6.9598 acre !ract; THENCE, South 85' 52'50"W (Jst. a:Otlg \he tho Nott,h right-of.'t.'nyUlle Of New Centuf'lDn'/e. a distance or 215.11 feet. to a. 518 inchilonrC<f found for the Southea.st comer and POINT OF SEGINNtNGof the herein descrloe.d tract. THENCS,s..--uth aa'5Z'SO". W~st. ~ontinuin9 along me the North rlght-of;.J/r:ly Iin$of New Centur", Drive, a distance of 1.~O.Q' feet to a 5ia Inch irQll red fouI',U for Uw Poi1It of Cut'/ature ofa eurvelo. the laft; tHENCE. We.5terly. conlinmng along the the Ncrt/1 right-of-way r\f:i! of. Ne-.v Cantin", Drive, '1"~lh saidc\,INe to the Left. h~l'/ing Ql'adlus of 530.00 feet a ccnlial angle of04'07'e.a". an arc lengLh of38.22 feet Md a chord. b~r1ng and distance of $ 64'48'52" W. 38,22 feat to a point for t,e Soutltweste1ly cc-rherof ~hE! here\.' ~eSl:riCi:!d tract; THENCE, NOr'L1)03'01'jO" West a distilClce of 416.26 feet 10 a point in the Se-uu~ right,of.'//aY flne of F3trmOnt Pa(l(\<Jay (2SO r~et \'\Iide} ior the Northwe~t comer of the herein c:escrjc~d 1lCl'~t; THENce, No(i.h 86'52'37" East, along UloSouth tigl\t-of..l',ray tine af Fairmont PDrkw~y, a dislalice of 178.20 fl.~t to a SolS inch f:on rcd ....nh cap found for the Nor.hea&come: of tho herein described tract; THENCE. SC'.lth03'07'H)" East. a dislacnce of '~7:t.90 feel to t."e POINT OF' BEGINNING ana ccntaining 1.9431 acros (34,6+12 square feel) or land. more or tess. Cel'l!\Jl"'j Engineering, Inc.. Daled the Hth day ot r...lay, 2007. E:<hA'};l A . P~gc '1 of 1 LANDLORD lNITl.';LS: W TENANT INl"ALS~ .',Rl"l.l':HI)(:Srt):-.'): :(J~}H ,;h!y I(I)5i FOIl~! ~4B) \74 -:;;T--~.~ --r-.-,-----, --~--=;~.:i'-----' --- I.M.W/f;1ff' (01 '-"f;~i;'it:;~(~;~;f~~~ _'~"'r_"~-----"'--r'-.~'-"'1--'-T-'" __ --""""J,- -......-. _.;.;.;..:I.~.~~itt:1f"- YtlLLIAM IA. JONES SURIlEY, 1.-482 ........,'WMl'S,1<<:. "-~Wo..:..':'.nr~ho ~t i.~ , ;f.. r'~ I I \ ~L ~~il, i'~ .j \ ~~ .." , '1K(~111151RU11. C"'U:07.10:ltACIIES tI_e.cr.HO......,.,1Io(l ~ , \ i~l: ~ J;~( \ ~ \_"-. b : ~ \ . BA'fPORT NORIH INl.II.ISTRlA", f'AAK f.e. HO. 1J101Q II.C....M. Rf.S1RlCflO RESER'<'t: ",." 3.0000 ACRES (130.680 SQ. FT.) E' , , L..-L -- - .. ___n_ - -- ---- Io'!lAI 5.... l...!ll",,;t~T . .1. 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"" 0' ,h" .....", Ni;//4_- ".~,.i., .., '" :f:';'~,-';-:,:--:::...",,~ "AL T A \ACSM TOPOGRAPHIC SURVEY' OF 3.0000 ACRES (130,680 SQUARE FEET) OF LAND OUT OF RESTRICTED RESERVE "A., BAYPORT NORm INDUSTRIAL PARK, ACCORDING TO mE MAP OR PLAT mEREOF RECORDED IN FILM CODE NO. 437010 H.C.M.R. AND LOCATED IN THE WILLIAM M. JONES SURVEY, A-482, HARRIS COUNTY, TEXAS. m ~ t. DA TE: MARCil, 2007 SCALE:'" = 50' e :,E~R~ ENGlNEE~G, ~~:; CJ I cn JIll! 'Ill 000.....:;001 !O': llllM ,,,\SVIt"'-"\(I(J04'-G!;l 'IJH"''''\bo",..' ~ '".I...fl,,-, 12'K ~-^ ~~<---,- ~''\ ." > ~ '. , ~ ,......- ..._ _ _$I!!' rAlRt.tOfrI1' PARJ(WAy (.2:(1' ROW) . '-t.s., "" '.;,. ""-:'. '. ~<:" .,.~~ ." <', .. 7 . 1. ...~.,~ ~-!'~ ''"1' I i ",r~AS$-': ..;. - .. '. \ ~ i ~ I -," -.....01 ~- ......- .._~ - "J> c_ - ..{- oI(.lI<<Sf'._ - ~,.. 1IC~...s.s.; -S1lo (:.. o )> rn X :r CP =1 di I N ~ J'.~ ~ :;.1~ '.. ~ ." ". ~, "'Oo!' . -t-?4t /! '" '"....... 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THU 11:50 AM FAX NO, p, Ul1 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, clau~e, 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 re~aining parts of this Agreement shall not be affected thereby. Xl. Upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect to said Land ~hall terminate. ENTERED INTO effective the 1st day of Janua~y, 2001. C~'z~.~. . (COMP~Y) By, ~~<{~ Title: (0(( S, Address: r;. t. ~ I ," t.J. I~ -4-" (iJ... _ t> v fir-IV, . '? 707y A~P~ w.~ Knox W. A.skins city Attorney city of La Porte P.O. BoX 1218 La porte, TX 77512-1218 By: ATTEST: Gf}?0tM~ lfof/rJ~~ City Secreta:ty By: CITY OF LA PORTE 604 West Fairmont Parkway La Porte, TX 77511 8 MAY-l0-2007 THU 11:50 AM FAX NO. P, 12 -EXHIBIT elf Page 1 of 2 ROLlS AND REGULATIONS ~y 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, soreening, driveways and median crosso'V"ers. These rules and regulations shall apply after the effective date of this Agreement when Company develops O~ construots improvements on vacant Land described in Exhibit IrA" whioh is adjacent to Fairmont Parkway, State Highway 225, or state Highway 146. 1. Any sign erected in said 100' strip of la.nd 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 Cenant buildings shall not exceed 150 square feet in area. . One freestanding identification sign for identifying multiple businesses ia allowable at the intersection of improved public rights-of-way. . Freestanding identification signs for multiple businesses shall not exceed 350 aquare 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 adjacent 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 ahall be screened by one of the following teChniques: a) Leaving in place existing trees, vegetation, underbrush, etc. to provide a thorough and effective visua.l 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 landscapin9 will be maintained by the property owners. MAY-lO-200! THU 11:50 AM FAX NO. P. 13 Ill!lXHnI~ C. 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 neight and shall, together with shrubs and ground cover, orea.te a conl;inuous visual screen. Provided. however, in public utility easements or rights-of-way, the vegetation shall be installed and maintained in a manner which is aoceptable 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 a.ctual 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 drivewa.y access and identification signs. For cases of new development or improvements where a 50' landsca.pe easement is not available or practical, Company shall meet with city to determine 3. 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 ot Transportation and provisions of the City's Code of Ordinances I whichever is more restrictive. Driveways opening from said strip of land onto Fairmont pal:"kway shall be sul:lject to the rules and regulations of Hal:"ris County and provisions of the City's Code of Ordinanoes, 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 Yarris County and City. EXHffiIT "C" (to Agenda Packet) Ordinance for Water Service Agreement qLJ.{)q ~C!nhuy Dr ^- ORDINANCE NO. 2007-\.~O?J1 AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND GSL INVESTMENTS, INC. (T . D . WILLIAMSON COMPANY, LESSEE) ; 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, in substantially the form as shown in the document which is attached hereto and incorporated herein by the reference. The City Secretary is - hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. The City Manager is hereby authorized to execute said contact, agreement, or other undertaking described in the title of this ordinance. 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. ORDINANCE NO. 2007- 3D3'} PASSED AND APPROVED, this ;;J/J} ATTEST: 1411!tfiJ4,llrJid Martha A. Gillett City Secretary APPRO~ W ~ Knox W. Askins City Attorney PAGE 2 day of {}JiJk'r , 2007. CITY OF LA PORTE By: (\ ~~ ,,-UJ-~~/. \ ~ Alton E. Porter Mayor EXHIBIT "D" (to Agenda Packet) Water Service Agreement ~ Ahr' WtdtY /At!-. 1 STATE OF TEXAS ~ COUNTY OF HARRIS ~ WATERSER~CEAGREEMENT 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 GSL INVESTMENTS, lNC. (T.D. WILLIAMSON COMPANY, LESSEE), 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 CaMP ANY are parties to a current Industrial District Agreement. II. CaMP ANY 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: m. 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. 2 Upon review of these representations, the City has detennined the following: Number of Company Employees on site 15 Number of Contract Employees on site 0 Total on-site Employees 15 Potable Water Approved for Domestic Use Total on-site Employees times 50 gpd per employee) 750 *Potable Water Approved for Industrial Processes (gpd) 0 Total Amount of Potable Water Approved for Company (Average Daily Demand, gpd) 750 IV. CITY has determined that adequate facilities are available to CITY to furnish potable water to COMPANY based on the following terms and conditions, to-wit: (A) Company shall pay to CITY a one-time administrative connection charge of $5.000. (B) Potable water used for Industrial Processes shall be limited to the following: (C) COMPANY 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. COMPANY shall be responsible for installing appropriate meter box to be approved by City. (D) The total amount of potable water approved (average daily demand) is established at SEVEN HUNDRED FIFTY (750) 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. 3 (E) The average monthly demand of TWENTY TWO THOUSAND EIGHT HUNDRED SEVENTY FIVE (22,875) gallons is established by multiplying the average daily demand by a factor of30.5, which shall be used to facilitate service billings. (F) The cost of water up to the average monthly demand of TWENTY TWO THOUSAND EIGHT HUNDRED SEVENTY FIVE (22,875) 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 TWENTY TWO THOUSAND EIGHT HUNDRED SEVENTY FIVE (22,875) gallons per month. Repeated consumption greater than the established average monthly demand may result in termination of service. (I) 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. (1) CITY reserves the right to enforce its drought contingency plan on all water customers at CITY'S sole discretion. (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. 4 (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 backtlow 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. 5 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 tzl!t. day of tlo/t3~-, 2007 CITY OF LA PORTE ATTEST: I LfJ7.tt1/~/r i!otIdlf Martha A. Gillett City Secretary APa::U; d-,.' Knox W. Askins City Attorney City Attorney PO Box 1218 La Porte, TX 77572-1218 Phone: (281) 471-1886 Fax: (281) 471-2047 By: Frli-Lry I ~ if UJ I 77074 By: (jy OF LA P.DIUE_ '~ . ~~~~ ~/\ ~-:c,__ Al . Po By: City of La Porte 604 West Fairmont Parkway La Porte, TX 77571 Phone: (281) 471-5020 Fax: (281) 471-7168 8 This is EXHIBIT A, consisting of 1 page, referred to in and p the Water Service Agreement and/o S ry Sewer Service Agreement betw C dated In tial: CITY ~ COMPANY -,LL-1-- ADDITIONAL REQUIREMENTS The Agreement is amended and supplemented to include the following agreement of the parties. CaMP ANY shall provide additional improvements as specifically set forth below. These agreements represent contractual undertakings of CaMP ANY, 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 CaMP ANY 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. CaMP ANY 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. CaMP ANY shall install and maintain landscaping along its existing developed frontage as per approved Landscaping Plan as a condition of continued water servIce. EXHIBIT "E" (to Agenda Packet) Ordinance for Sanitary Sewer Service Agreement qL/dl New Cemury Dr ORDINANCE NO. 2007- 3()~~ AN ORDINANCE APPROVING AND AUTHORIZING A SANITARY SEWER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND GSL INVESTMENTS, INC. (T . D . WILLIAMSON COMPANY, LESSEE); 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, in substantially the form as shown in the document which is attached hereto and incorporated herein by the reference. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. The City Manager is hereby authorized to execute said contact, agreement, or other undertaking described in the title of this ordinance. 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 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. Section 3. This ordinance shall be effective from and after its passage and approval, and it is so ordered. ORDINANCE NO. 2007- 3D3~ PASSED AND APPROVED, this ~ft4~ ATTEST: - ~~dt(/t 4 ~/fJ Mart a A. G11lett City Secretary APP~d~ Knox W. Askins City Attorney By: day of ()~ CITY OF LA PORTE PAGE 2 , 2007. ~~?~ Alton E. Porter Mayor EXHffiIT "F" (to Agenda Packet) Sanitary Sewer Service Agreement 7'M ~1tI4itr~~ 1 STATE OF TEXAS S COUNTY OF HARRIS S SANITARY SEWER SERVICE AGREEMENT (for Companies located in Bayport North Industrial Park) 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 GSL INVESTMENTS, INC. (T.D. WILLIAMSON COMPANY, LESSEE) hereinafter called "COMPANY". 1. 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 sanitary sewer service from CITY for usual human domestic uses. COMPANY recognizes that CITY cannot at this time provide permanent and unlimited sanitary sewer service. CITY agrees, however, to provide limited sanitary sewer service to COMPANY. For and in consideration of furnishing sanitary sewer service by CITY, the parties hereto agree as follows, to-wit: ffi. COMPANY has made certain representations to CITY as to its number of employees, and/or its desired amount of sanitary sewer from limited industrial processes, as of the date of this agreement, upon which representations CITY has relied in entering into this Agreement. 2 Upon review of these representations, the City has determined the following. Number of Employees on-site 15 Number of Contract Employees 0 Total on-site Employees 15 Sanitary Sewer Desired for Domestic Use (Total on-site times 50 gpd per employee) 750 Sanitary Sewer Approved for Industrial Processes (gpd) 0 Total Amount of Sanitary Sewer Approved by Company (Average Daily Demand, gpd) 750 IV. CITY has determined that adequate facilities are available to allow CITY to furnish sanitary sewer to COMPANY based on the following terms and conditions, to-wit: (A). Company shall pay to CITY a one-time administrative connection charge of $5.000. (B). COMPANY shall file an application for sanitary sewer service with CITY'S Utility Billing Division and pay appropriate deposit. (C). The average daily demand is established at SEVEN IWNDRED FIFTY (750) gallons per day. This number is based on an average of fifty (50) gallons per employee per day established by CITY. (D). The average monthly demand is calculated to be eighty-five percent (85%) of the average daily demand multiplied by a factor of30.5, which shall be used to facilitate service billings. (E). The cost of sanitary sewer service up to the average monthly demand of NINETEEN THOUSAND FOUR HUNDRED FORTY FOUR (19,444) 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. 3 (F). The cost of sanitary sewer service for amounts in excess of the established average montWy 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. (G). Nothing contained in this Agreement shall obligate CITY to furnish more than the average monthly demand of NINETEEN THOUSAND FOUR HUNDRED FORTY FOUR (19,444) gallons. Repeated sanitary sewer delivery greater than the established average monthly demand may result in termination of service. (H). COMPANY agrees that during periods when the CITY'S collection system is surcharged, the CITY may require the suspension of use of the sanitary sewer system for periods not to exceed thirty-six hours. (1). CITY shall have the right to interrupt or temporarily suspend said sanitary sewer service to COMPANY if an emergency arises and there is not an adequate sewer collection or treatment capacity to meet the needs of the citizens of La Porte. (1). COMPANY agrees that it shall be bound by CITY'S Industrial Waste Ordinance (Chapter 74, Article IT of the Code of Ordinances) and any subsequent amendments or revisions. (K). The total cost for the engineering design and construction of any sanitary sewer main, service line, lift station, 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 sanitary sewer service to customers within the corporate limits of CITY. (M). All plumbing installed by COMPANY connected to the sanitary sewer 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 sanitary 4 sewer service to COMPANY. (N). There shall be no resale of the sanitary sewer service provided by CITY, nor any extension of service lines by COMPANY to serve other parties. (0). 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 project 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. V. All expenses of the installation of service lines from the main to the COMPANY'S facilities shall be solely at the expense of COMPANY. COMPANY shall own and maintain all service lines and plumbing facilities. VI. CITY has no ownership and/or maintenance responsibility for the sanitary sewer mains and/or service lines within Bayport North Industrial Park. In the event a State or Harris County license, permit, or permission to install the sanitary sewer 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 entry at all reasonable times for the purpose of inspection of COMPANY'S sanitary sewer facilities, and 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. Vill. 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 5 summarily correct, at COMPANY'S expense, any defect or deficiency, when in its opinion the integrity of the public sanitary sewer system is threatened. IX. Upon receipt of written notice of termination, COMPANY shall have up to six (6) months to prepare for transition to another sanitary sewer service provider. If the transition is not complete within said six-month period, CITY shall have the right to terminate sanitary sewer service at its sole discretion. X. In the event of any conflict between the terms and provisions of this Sanitary Sewer Service Agreement and the terms and provisions of the Industrial District Agreement between the parties, the terms and provisions of the Sanitary Sewer 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. 6 ENTERED INTO effective the ?2~ay of Clt70~' ,2007. ~,f.r2~~, . Company P ~ BY:~ Name: usfttue 5. Leu~l Title: .p R.e $I'd err+- Address: &. Lt 71 S uJ FrLULj S+t )J) J Hous/Dn , / 'i 77 aJ/4 . CITY OF LA PORTE APP1J}!;L Knox W. Askins City Attorney ATTEST: Lfll!ltdtLtl~i!/ Martha A. Gillett City Secretary 7 consisting of 1 page, f the Water Service itary Sewer Service d COMPANY Initial: CITY. COMPANY *11: ADDITIONAL REQUIREMENTS The Agreement is amended and supplemented to include the following agreement of the parties. COMPANY shall provide additional improvements as specifically set forth below. These agreements represent contractual undertakings of CaMP ANY, undertaken to induce CITY to sell water and/or sanitary sewer 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 CaMP ANY 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. CaMP ANY 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. CaMP ANY shall install and maintain landscaping along its existing developed frontage as per approved Landscaping Plan as a condition of continued water service. 3) Sampling Well: COMPANY shall install a sanitary sewer sampling well in accordance with CITY's standards. 4) Industrial Waste Permit: CaMP ANY shall submit application to CITY for industrial waste permit. EXHffiIT "G" (to Agenda Packet) Area Map ~.. '<~'loil:.,~ ',';;;' "';i~'~":. ~..1: J~-"'l"'1~. ~ EXHIBIT "G" "J! Bayport Industrial District City Limits Parcel l ':" 't '- ...f..._... I - REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: October 22. 2007 Requested By: Wayne J. s~ / Department: Plannme: Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Report: _Resolution: _Ordinance:...x...- 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. Ordinance for San. Sewer Service Agreement F. Sanitary Sewer Service Agreement G. Area Map Budgeted Item: _YES ...x.....NO SUMMARY & RECOMMENDATION GSL Investments, Inc. has approached the City for water and sanitary sewer service to its site at 9407 New Century Drive in Bayport North Industrial Park located in the Bayport Industrial District. The facility will be leased to the T.D. Williamson Company. Council has approved a policy to provide water and sanitary sewer service to companies located outside the city limits and within the City's industrial districts. These companies are required by the policy to execute and maintain an Industrial District Agreement with the City. GSL Investments, Inc. (T.D. Williamson Company, Lessee) desires to obtain water and sanitary sewer service under the terms of this policy. Based on the company's stated demand for domestic and industrial process uses. the average daily demand for water is 1,050 gpd which is within the policy's limit of 30,000 gallons per day. This demand includes utilization of 650 gpd of water for the company's industrial processes. The applicant will pay one and one-half (1-%) times the City's current utility rate. Additionally, GSL Investments, Inc. is subject to one- time connection fees associated with its WSA and SSSA in the amount of $5,000 for each agreement. Payment from the company in the amount of$10,000 has subsequently been received. The term of the company's agreements expires on December 31,2007, plus any renewals and extensions thereof. However, the agreement shall automatically expire at such time as there is no effective IDA between the parties or, if the city exercises the right of termination. Staff recommends approval of an Industrial District Agreement, a Water Service Agreement and a Sanitary Sewer Service Agreement with GS t- Investments, Inc. (T.D. Williamson Company, Lessee) as submitted herein. Action Required by Council: A rove three ordinances. One ordinance for each of the following agreements with GSL Investments, Inc. Williamson, Lessee): An Industrial District Agreement, a Water Service Agreement, and a Sanitary Sew r Service Agreement. ..-. enda Ron Bottoms, City Manager EXHffiIT "A" (to Agenda Packet) Ordinance for Industrial District Agreement ?~ AI.MI~ne ORDINANCE NO. 2007- 3 D ~~ AN ORDINANCE APPROVING AND AUTHORIZING AN INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE AND GSL INVESTMENTS, INC. (T . D . WILLIAMSON COMPANY, LESSEE); 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, in substantially the form as shown in the document which is attached hereto and incorporated herein by the reference. The City manager 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 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. Section 3. This ordinance shall be effective from and after its passage and approval, and it is so ordered. ORDINANCE NO. 2007- 30 3 ~ PASSED AND APPROVED, this ATTEST: Lj11flttit~ ().~j(tjl Martha A. Gillett City Secretary APPROVED: ;,f &~ u) dj Knox W. Askins City Attorney :A~IvO By: day of O(}o(,.{V CITY OF LA PORTE PAGE 2 , 2007. ~y~ Alton E. Porter Mayor EXHIBIT "B" (to Agenda Packet) Industrial District Agreement MAY-tJ-2007 THU 11:48 AM FAX NO. p, 02 1~#ew'~~. 'Tp.h}~/f~/II~. NO. 2000-1DA-~ STATE OF TEXAS COUNTY OF BARRIS ~ S Ii ~ ~ INDVS~R!AL DISTRIC~ AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA IlOR'l'E, TEXAS, a municipal cor.-poration of Harris Count , Texas, hereinafter called .CITY'I, and 05L e.sfrn81...::j:h , a Je.x.0..5 corporation, here nafter called .COMPANY~, WIT N E SSE T B: WHEREAS I it is the established policy of the city Council of the City of La Portel Texas, to adopt SUch reasonable measures from time to tittle 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 Gitizens; acd 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 Dist~ict of La Porte. Texas", and O~dinance No. B42A, designating portions of the area located in its extraterritorial juriSdiction as the "Bayport Industrial District of La Porte, Texas 11 , 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 descI=ibed on the attached Exhibit "AIt (hereinafter "Land.); and said Land being more particularly shown on a plat attached as Exhibit "B", 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 ftJithin said Districts and for such 'Ourpose 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 Ordi:1ances of City referred to above, City and Company hereby agree with each other as follows: FINAL D~~FTI February 24, 2000 MAY-IO-2007 THU 11:49 AM FAX NO. P. Uj 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 cont inue 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 port ions thereof I as an industrial district may be changed pursuant to the terms of this Agreement. Subject to the foregoing and to the later provisioJ:l.s of this Agreement, city does further covenant, agree and guarantee that such industrial district, to the extent that it covers said ~and 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 he~etofore 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 (0) attempting to exercise in any manner whatever control over the conduct of business thereon; provided I 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 la~s, rules or regulations, to the same e~tent 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 Appraisa.l District. The parties hereto recognize that said Appraisal District has no authority to appraise the Land, improvements, and tangible personal property in the unar.nexed 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 ah independent appraiser of City's selection. The parties recognize that in making such appraisal for "in lieu" payment pu:rposes, Euch appraiser must of necessity appraise the entire (annexed and unannexed} Land. improvements, and tangible pe~sonal property. 2 MAY-tO-200? THU 11:48 AM FAX NO. p, U4 Nothing herein contained shall ever be interpreted as lessening the authority of the Harris Cou.~ty Appraisal Distriot 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 15, 2001, and on or hefo~e each April 15th thereafter, unless an extension is granted in accordance with the Texas Property Tax Code, through and including April 15, 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 im.-nediately preceding January 1st, stating its opinion of the Property's market value, and heing sworn to by an authorized officer of the Company authorized to do so, or Company's ctuly authori2ed agent, (the Company's "RenditionW). Company may file such Rendition on a Harris County Appraisal District rendition .--t:c.:'-rttrl-or-1rlmfla:r--f-o.rl1h---'l'he-~roperties_..whi.gh the Com~ must render and upon which the "in lieu of" taxes are assessed aremor:e- fully described in subsections 1, 2, and 3 of subsection D, of this Paragraph III (sometimes COllectively called the .Property") i provided, ~owever, 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 I/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 Cit.y 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"J, 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 Dece~~er 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 n on Company's Landi improvements and ta.ngible personal property in the unannexed a.rea equal to the sum of: 1. Fifty-three pe~cent (53%) of the amo~~t of ad valorem taxes which would be payable t.o City if all of the Company's Land and improvements which existed on January 1, 2001, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, {exclUding amounts payahle pursuant to subpa~a9raph 2, below}, had been within the corporate limit.s of City and appraised 3 MAY-IO-2007 THU 11:49 AM FAX NO, p, 05 each year by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code; and 2. (a) On any Suhstantial !ncrease 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 (S3%) of the amount of ad valore~ 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 equip~entl railroads, pipelines, and products in storage located on the Land, if all of said tangible personal property which existed on January ~, 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 CityJs independent appraiser, 4 MAY-10-2007 THU 11:48 AM FAX NO. P. 06 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 dete=mined 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 ot City not to annex property of Co~any within the nistrict shall terminate. In that event, City shall have the right to commence immediate annexation proceedings as to all of Co~pany'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, 1~94, or any new legislation is thereafter enacted by the Legislature of the State of Texa~ 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 saine existed January 1, 1994. v. This Agreement may he extended for an additional ~eriod or periods by agreement between City and Company and/or Jots 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 red'.lce 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 C Offij;) any , s hereinabove described property which would be due to city in accordance with the 5 MAY-10-2007 THU 11:49 AM FAX NO. P. 07 foregoing provisions 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 ~esult of other final conclusion of ~he 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 w:dting 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 suoh 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 yea.r 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 nin lieu~ payments which would be due hereunder on the basis of Company's valuations rendered and/oT submitted to City by Company hereunder I or the total assessment and Ilin 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 1.0 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 wlmpa::tial A~bitratorn) 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 m~rket value of Compa.nyl S property for calculation of the "~n lieu. payment and total pa.yment hereunder for the year in question, The Board shall hear and consider all relevant and material evidence on that issue including 6 MAY-10-2007 THU 11:50 AM FAX NO. P. 08 expert op~n10n, and shall render its written decision as promptly as practicable. That decision shall then be final and binding upon the parties, subj ect only to jUdicial review as may be available under the Texas General Arbitration Act (Chapter 171, "General Arbitration", Texas civil ~ractice and Remedies Code). Costs of the arbitration ahall be shared equally by the company and the city, provided that each party shall bear its own attorneys tees. VII. city shall be entitled to a tax lien on Company1s above described property, all imp1:ovements the1:eon, and all tangi.ble 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 taxesl and Which shall be collectible by City in the same manner as provided by law fo~ delinquent taxes. VIl:C. This Ag~eement 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 ter1:itory, for so long as this Agreement or a.ny extension thereof remains in force. Company shall give City written notice within ninety (90) da.ys I with full particulars as to property assigned and identity of assignee, of any disposition of the Land, and assignment of this Agreement. rx. 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 tnose in this Agreementj Company and its assigns shall have the right to amend this Agreement and City agrees to amend same to e~~race the more favorable terms of such agreement or renewal agreement. x. The parties agree that this Agreement compIles with existing laws pertaining to the subject and that all terms, considerations and conditions set forth herein are lawful, reasonable, apP~opriate, and not unduly restrictive of Companyls business activities. Without such agreement neither party hereto would enter into this Ag1:eement. In the event anyone or more words I phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the application thereof to any personl firm, 7 MAY-IQ-2007 THU 11:50 AM FAX NO. 1'. U~ 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 ra~ainir.g parts of this Agreement shall not be affected thereby. Xl. 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, 2001. By; (COMPANY) ATTEST: ~t;~ A//// ay, e ty Secra fty AP~M ~ Knox W. Askins city Attorney City of La Porte P.O. Box 1218 La Porte, TX 77572-1218 By: CITY OF LA PORTE 604 West Fairmont parkway La Porte, TX 77571 8 E:- l(\"': b i "" A EXHlsrr ~ A.2" LEGAL OESCRIPTIO~OF ADJACENT PROJEct App!o:dmalE!;/ 2.0165 acres of land cescribed as fcHcws: APPROX1MATEl. Y 3.959~ ACRES (1nASO> ... . .. .. SQUAR~ Fl::::l) OF lAND OUT OF RESTRICTED RESERVE ''A-, OF BAYPORT NORTHIN.(>USTRY\LPARK. As RECORDED IN FilM cope NO. 437()1Q..OFTHE HARRIS COUNTYMAPRECOROS ,'NO AL$oaeINGOUTOF.rHt\TCERTAlN CAl.l.EP6.9&9G ACRe . . TRACT OF LANOOESCRfSl:O SV INSTRUMEN.t RE:COROED UNDER HARRIS: COUN1Y ClERl<'$FiLE NO~20060245-72{) AND. lOO\TEOINTHE WILLU\MM, JONES SUIWEY, A482. ~J\RRIS COUNTY;TEXAS. SAID 3.95$6 ACRE TRACTSEING MORE PARTICUt.ARt. Y OI;SCRISEO BY METES. AND SOUNDS AS FOLLOWS: . . COMMENCING at a 5:'8 inch Iron rod four.d 10 Ute North right-of;;iliDyJirieof New centuri Olive (60 (ectwiete);said iron rod marks the Sooth\vcst Comer ofthQt certaincaUed 7.1526 acre 1ractrecorded under Harris Coiin~1 Clerj('s Ale No. Y680260. said {roo rcd also marks ihe Southeast cOmer of said .cm1e{l. 6.9596aCie tract THENCE, ScotO Sli'oZ'SQ" West. atotig Ule Ula North tighl~ot;,...yay tlncotNciv CentU1'1 Ori;Jc.adl:1tanee cf 2'[5:11 feel toaS/S IOchjto,' rod foliOd!or .!he Southeas~ comer ~1d POINT OF BEGINNING.<>f the .her~in ce$cnbed tract;. THENe!:. South Ba'52'50~ West.cor.till'ull\g alollg U\eU1e NO!th rl9ht~o(-way line ofNcllICe1Ilury Ddve. D dlslance of 140.0-1 feet 10 D 5.ltHnch irOn red found fot the Poinler CurvatUre of aCUTV<e to the Len;. THeNce. We51erly. crmtiliuing alon91he the North ri9hr-cf-way line. Q.f Na~v CenfLJry Orl...o;. wi!h saidelir;..o to tho left. having a radiu$ of 530.001cetil cctltr<JIar;gre of 1a'24'37".. ao .:Ire !ength of 110~3i) feet andlJ chord bearing and dtata:lce of S 7T 40'32" 'W, 169.57 r~t to a S!B ~nch iron red found (or the Pointof Tangency; THENCE, Soulh 66'2a't3~ "'lest. continuiiigalong lheiheNonh r~t.~f.way Iil1e. of New Century Drive. a dist~nce of 51 ~a5 feet (0 a 5.Je inch iicn red round (OJ the SOutheast (:omer of Utal tedarn caUad 2.8159. aCfelr-clct recorded .uttdet Harris County Clcfk'~ File No. W3053St. said kon rod also marks !:he SOU!fl\vest corner of the hC!eiodesCtibeat(<lcl; THENCE. North 03~O7'10" ,,..jest.3f(}tlO the the E'lst line of said ':aIled 2.&159 atre l1'3t1, a c:fislanteof 513.4Z feet :0 a 5/Birtchiton rod wilh ea? round in the South right;.qt:.way line or FaffmOnl Parr..way {250. feet . wide} fer the NOf'J'leasl corner of said C<l!led 2.8159 acre tract and lh~ Northwest cemer of the herein deseribe-d ~ract e:;(t~ibil A-2 - Pago 1. oI 2 L'NDtDRO INITIALS: W ,"""NT '''TlAL~ MtL!J'i!!Ot:STO~iJJO!;I-Il!U!l' Z((~} r-on",{ .~.l(:(jn,'l THENCE; Ncrt'h 86'50'07" East, a~c:ng lhe SQI,l\h right.of...vi.\'j line Qf FaiimomPark't.'ay,a dlstao~ o1108.a9 (e11110 a 516 ir.ch iren rodwltn enp foundfoi'an. anglo poll1l; TH~NCe. North eG'5a'31"Ea5~ aIong the Scum ti9ht~of~\'I'ay 11Ilt) of FallJnontParl<way. 3 distance or 247.51 (oct toa 516 iochifon fod ',.;ilh Cap round fe;.; the Ncrtl1east comer oHnc . herein deScribed tracl: . . THENCe. South (}3'O1'10" East. a distance of 47 4.90 !o~lta Ihe POINT OF6eGIN~UNG and contlW1iog3.959o acres (112.480 squClm feet) of lil.,d;more or iess: . . SAVEANO EXCEPT that certam tract Containing appro:<!matdy 1~9431 ACRES dO$ctlbe-d onexhibil'tA" 10 lhis Lease (wtti~h save and except 1ract is the .Premises" uilCer tills Lease). le~l'Jing approximatoly 2.0165 llElt acrosor land com priSil'lg th.e Adjacenf Pro!ect. . E;thihi! A-2 - Page 2 of 2 l./\NClORD INIT!AlS: Q niNMIT INrrV'l~ ARI.I.P.'lIOt:!iro~J:JlfdJ!J,Jf:uli !i:t:(,) F<lUI ~~fi,)17': -"-rAII~i.tON"PARi<w.tlY" -(250' R.O.W.) ~lIl~IJH/O.>S'l~,1 !:l>,S,~ .~_r~IHI':-'I!~~ --T------'r- ...-.... l.......... __-.---...~"Fiitff:r.- WIlliAM II. JONES SURVEY. ,1,-482 ""\CJJWMn.1NC. C.<fl[ll'." M:llI"S H.C.c.r.Nll_411720 BA~POltT ~IH wuSlRlAl.PAAI( f.C. NO. 4J/UlO fl.C....M. Rt:S1R1CTE:O R[Sf.M\E:."- .1::- - -T--.--r-'--""-'- ~=-;-~._--'--- ~ \ ~~I' ~ l~. 1\ ~ ~~ : ~ \ . I I . \ ~I, I Ii! I il:j r" 3.0000 ACRES (130.680 SQ. FT.) ___ -T",::-:::-~T----1'--- _._td~LIMf: \ If::'.~~~\~'' _ . .... ~".'~.~. -_'r.w~ U(M.~SI~IlI5.tfC. ,;.o.rH:V 1.._' M:"lS >I,C.C', HIl.VII1H.. ;::::$ ~ NEW rDfI\JRY DRIVE (60' R.O,W.) ~ .::.-;-If.,.......~f - _-: . :.=:: :':. :E~:: :=~-~.~~~:~~~:i..,JI=- ~ic,-rl .. . J."" ~ fl.M co ,U1\I10 Il.CIII,. - WI,. ' ' -..r.-n:.~ -- .,.. 1M. ...... ~~~"...c1:" I~,~~",\I~ RfS1RIClEU RrSl-,Rvt "U" 8"Yf'~1 NORlIllN[llJSIRlAl PAin< PAAII~1 R''''....t UO, I rill,! I~our NO. ~16211~ ItC.W,N 1~.lIlI^UI.llt.~>.:.I""U1:~\.,. 111I"'''''W.l'(JftII''''1tlU''_llf''''"I)''ot:loIJ11'-:CII'~'EMfl' "Il~$llflll!;l ""5__" '" COto.lll'fl.flOlf.RlTllf ""'OMl"IIOIoICONI~!l"" lIlL.EQ_,WfHIPlIa'''lIUI :"II~'~f'i:~'~":.~~'='..::'l~~ Ul,OI..hQl l)~tllll""""'S_"Ullll.'Ht:t,DIQot<<_I'>l,lNtor IlUII\ICIUI IlI.SI."'" ...., lI"oPlOflI _JH 1flVU5."'1. ~""-"". :g~:t UN{Il:f1 111.. llUD[ ItI> UIOlo. ,,_ COfftTY ~",. II. IIIRIIR~ ~..... ItII't Ilt~" 1,000Mtu tI''-'l '.10.........-...,_.1.... ,,~~"'" u.u. Ut, ,),,,,,,,,,,In IIt" ..~ IllU'.,' :;0",.,,, ~''IIi'll_''<: 'I,l ;lOCI' 'Jlllllt, .. .,.. A'lf.,l".q."II'l~RV>Ct:WO!!ml""*'), roll f}lll" ,,~, ""IUI (l,JI.'S \jul "'''~'''U "." I..' "I. ". r. ,;,1fI'MI 0IIl ~j IIJ1. I .'''1 1'.;~I!O<, ''''''I'~'':1o ., rU'.I'~iI< III """~ "''If' 1'1" .,,,. ...,' IUI:.IIIl '" ,'~U""lfl,' ,~pm;.-.ut tt..' """'1"':<< "'~ 'l'." ....I~'..." ,,,;A'~i' ltot ,U"'"....,.._"'~"'I~ ~'Co.,n~y f'!ttl.J[C! C 1"'_1 MIll PIIl.I.1..IN..."V 1l~'S. ~ICII .. Sl.9..'l:C' lQ QwtCI:. ~Il( SI~INC TIllS f'llOJ(O III lONl. . ~- . ~''''''''1I I...... "~. .&.I" oo;;S 1<01 I.R 'I IUIII 1111. ~':.-;:'M 4~~:":.''' ~CWlWlIljQ III 'Ill 1'fIf\ (I1l1l""> Gf NO. OOOH740J IPR(>>'~-R';.~:'.~:~-~_. -.--...--'.-.] ~1\.~~~~~:T1r~.~.lS!L , , '1 :'''''''<;1 '0 1lt~lff1cro",- """'-NNfl" I'U~O _11." IUO lDJf IfO <.!/OIQANl}'INlJtlllt.C.Cf "'Il(:il.Ull1~J4U'.ll!l1'} ~) ~~'-:;:~~"s~~:!(-:i ..... '''I In""'-,s "I .;.It,,,,, l....', tll\'l'POfH NORJll INOUSTR1Al PARle t.C. NO. U1UIO II.C.M.R. Rl::S1RlCIt.\) R(SERVE .C' ....... . ~_'^," :,/:101:11 U',_,U j"... u"q . Sll>>I\l51'IfIII.lfOl_UljSI\f.I,I.II,) _ ....IIJI Y.....'ol ("'.v.) _ ....lIlll..'fll/.....' ._"l'('1f,_',1 1l<:,t,!,Il.'lllOC'ILSIl-.-cli~lllll""Nltol'lDS H c.nll, "*,"'R~ 1V.1lfI1~ cOI..,r octn IIt.C'."'US 11.c.<.:.f..IlJiC"'lSIl_CllUtlflQ!JftlS,Ul. O/Il, "'_" \I ~lltlH ~ ~llJnl . IfIII.Sf He 1l"'Ift'l(iIl00l1;1t !K:I' Mf.lf\JMDUCUlUlllt....'t. c......-CIJIIIIt\IUNC~1 'fi, 1.....ut'CUIltI "" IIlPIf..... ~I' u.." r.\UIl'1H 1"-IlV'P"Vf'll(IjT ''''T _ (0" 1~1l f/l.ttQ"lllINt; CII Cl.IllC,"I.INl' I IHI-. 1'81,~ LTto( 111':""'* " S llII' ;~' IJ' 1-'/'''01''- -"",JVr-~ Ii \ ~ft" 1~1\ nB I...~'.J I IlIot:.[ SlSllIls 1l1li51. ~~:. ~~NI~ ---:..-+-::- ...P04"'Of ~' ..~'H" BEGlNNING ., -1'_ . ~~--~~~ ~ ~._..= ~-;~ ~-~a . ';:::.'1:;;< .... - ;1' ;;;-,.;:;,.- ~" IIllf1-'YA fOllE.Sl' """"'"' CAUUllO,llOlI iOClIES H.C.C.'.tIO,U_110 ~ l~ l~ GRAPIiIC SCALE IN FUT ... MI<; 'IoIOCt.Hl CH<I!<U U....I" lU'~'N 1ll._.llnOG ~~ ll;otG'" --~ " ~.... ~ \1CINlfV MAP N,T.S 'IUU ...,It O1SCf1J/'ljOf. 0'- J OurlO 'CfiIf~ l'.lO..M<"l S{jIo.llIt' nt') 1Ir tAl'" WI IIf IllS'"IC'~U Hl.5l.:JNt: ".' Q<'II..~t_'>lI""'1SIIlI',L~'IIIl. .SlIfClH'DlO'N'"11 tru 1<<1 Ul010 Of hI( ".......IS r.f\l,l11, lUof> MtCUl<O~ 'u, ~~~f~~A:t~::~ lI~i~::":r:'it~~~I:i:~ 'WlIlIS CUUNIl Q[",,'s nt{!4\l J~o.lI3'1?tl 'If.) LlI(,.I[O IN 't~ WIl..l''''Il. ......~ S()II,u. A..4B2. ".....'S ClItIfIlY, lE".s. $.\11.> 3.00010 HJll IliACI 00..._: r::~~AIlI.Y !ll;SL'I\IIIf~ 81 ...:ns ""'" ',QUITS .~ llt~l~j''''' 01 . S/~ In<~ I'.... ..d 1"".\. ,n ". '.",I~ ;,':~' ;-~-:.:.:~n~I.:t~:=;.~:~~~~~~e: ':: ,~:~ '::'\::~.\Qji~~ :';'.'~:"';~:, o~~:<:. :.;:"r..::-: I ~:d:" ~'7;~: ~::','~~~~:~:::.: I~: ...Ie c"'l.~ 6,r..~ QO'. ".", "'4 Ih. ~",.I" d'H"~." ",ct :~~~1:~1 ._~:~". :~' ~~ ~~n'~. :-n,o.".. .~'~;1.,:"~~. I~~ :~,:\..:~,~ ~~:',};;:dl~;:,;"" ..l to< th. """,,,_., C"'n", "111<... .....lh 'U'~/' 1<1' hU. . "'.1""0. .., ,,",.or.., 'n . ~(8 I"<~ .'.... ,ud ul ", Ih. "",,^' .",., ", '...., II"n 0' ~~~' ::::': .~"~:::: I~::\:::~; .Idol h, ,~. 1<", 'h..., <Q",., o' IItU'<l. .....1. 1IIl' =r;t' J'" Lool. nl""9 'nO ~m.,~ "0.' o. .", :~:'~ ',';"::n.J:;"~: t~"'<:;':;"'~~ 4:::"'1'~: ,,~.' ,.~~e~: I "~~~:, '~,..~;: m~;;::~;];~~~~i ::;~::'l:~ ~;E:i:~, :~~::.!:;'::~~!~::r! rtll...._~. ';""111 ~J'~/' 111' l,.,. ~"~'f ,.. \h. ...t "'" o' ."'~ ,.,..-1 7 ,~Ht "H"- "''''1. n_ b.".~ I',. ~,., II'" cl .,,1" ,ollod 1I,'iS'iNI .". ,.".l. . 11.."",", ..( "" ~l (.., '" t". NlI"1 00 l!I:OIl*fl>fl'l o,,~ c""'ol" I". J. OOUO "0'" I 111).6"" .~,,,,. "") ~f 1""4. _. 0' In. 1~ '.Io<',"'u 1""'''OIl,,^oi, U~. ti~ I^.ul"",., 1,'< ."4 ~h""1n 1'...1"....""..<:",..."", ""~"~ I. '0 .." 'f. \""' 'n" ...",... "I.., oMd "" .", ,"" ... .....,~ " I_ pu,.~ ~.'. _~. (II In .<<o,d;'". ~Il~ "..I"."..... ~\;'''.l."d 0.',,'1 :::;:~:"';~I~:r. ~g~/;;:"'N~~'~1 ~&;..~....:.~':~,l~~~': Ir,:~"j.Hr.~. "'1~ 0, '1(0), 1(0), 1( d, ~. 9. 1U. "". 11 0' lobi.. ,~.. 00', ...... (' I) .........." '0 ,~. ~".'O'-, Sl.l'HI..... I._ ;~.,."..d b. '1,". ~~"'" ""~ "'W .~~ I" .'1.01." '.......10 M \~I. <oIlIII<o'lod ,,,'....,,,.,.J t.",,~<<. c., 'Ill.. \~u, '" ... 0,.,...,,,",,1 ""'ftl"". .. . l."d 0"".,,,, ,.,101"04 In I~. S\ol. 0.1....., '10. ~.Iol'n "'""""i .' 1~'. ""'" d~.. Ml .,cud 'h.' ....,,'~ I. 'o..'f'.~ I~.'.l" &(!lt~=;:;:-;,,-;-- '.. "At T A \ACS'" TOPOGRAPHIC SURVEY" OF 3.0000 ACRES (130,680 SQUARE FEET) OF LAND OUT OF RESTRICTED RESERVE "A", BAYPORT NORTH INDUSTRIAL PARK, ACCORDING TO THE "'AP OR PLAT THEREOF RECORDED IN FIlJ.4 CODE NO. 437010 H.C.....R. AND LOCATED IN THE WILLI A'" M. JONES SURVEY. A-482, HARRIS COUNTY, TEXAS. DA TE: MARCH, 2007 SCALE: .1" = 50' 4E CENTURY ENGINEERING, INC. "71 M )( 1" () + C(l.JOtt~l UllOH---!>(lO' :;(: IU'!>.&. to:\SV"""\OOU+l-<;:;I, 'ltM""",\~",,,'J ,,,"',",n..; G> I ........,...._($.1IOIIl " ." '0, .. ~ . ~J;-f<... .c~~.....,... ~-~,-- ~- :\---~-~~--~--- '. ~, "'~, '"7... '. -. ." -s, <b ~"r -'<t~ .r~ "'" ,*,~li$":; ...~+ '. "'~.i ..=-~ \ 'i ICI~--= ,c)~(:..." .;:7+- " ",-- - ~-!t . #.... ~'" ...." , .~~ ~.. .....>--:. . ,.,...e -~ '.. ",,- \! ~"-\I\'\ I,~"-\ !_ _\_\-:-:-I-i \- ,-1- -\-1-\-\-\- _I ~\-\-\-\-\-\-\ \~ ~\-\-\~\-\~ -\- -\ \_\_ _,,-\-1\-\-\ \~, \ _I _. \ _. \ ~ \ -,ti- \ - i - ;: \ \ 1 , ' \ \ \ ~'\' \ \11 \ - 1 - \ - \ - 10 \ - - \ <I" \-;\-;\-;\~I-\', \-;1-; ,_ i-'.--\- ~.! \-,-' J \- _\-'-il~\~\~\-\"':"" -.... ; \ -\ '.r,- \ -:"""~- \ ~ \ -\ \ -\ \ i- ..-"\-',-1-\- - - 1 ' ,e' I ," I . , \~ia-;- \li\-\ -\ 1-; \-;\-; -;,-;-,-;--; -;-\-;- '\ \~ j~? \~~"'J ~" 4(:., '%: * ~j i \ \ \ r:.~ ~~~ ~~ r-+~ , r...... \ I \I~ \ I \I! ~:'-1\~ , I~ , o ......~ '\ .. o - ....... - ~ .JJ l!l ;ill s. '"l _0( '\.. o '\ ~ ;l\~ I~I r --------- +-.'b '\- -, a J;> rn x :I 6i =i cP \ f\i - -.l!' \ .,. ~ ~ ~ \ ,- '\~ \\ I \ I- I . I \1 \., ~It\ , \- . \ \ 1. lik i\ ,.n hi \ 'r ~ \ \- r~' .Il~~ \- ~'!r.. \ ~'~', 'I ~,~'1) ,- ~i ' \ r 1 \- I " ,.....,~ I I- I . \i, I" \ \: \i I \ +~i MEW co<Nll" """" (10' IIOIIl ,,;~ {;~, _ "\ -;- _ .......:;L- _ _ - 4;- --1 ' ~~r---------------~-' ~ i V' \ · i~ h,m ~ \~ (') ..~,'il' I ~ t t II'< ~ j I ,; ~ '< ~\ ~~~!i~ !I \tl Ql \\' t Q) ~ T .D.Wi\\iarnson 0- -0 New Ce~"'ihJry Drive Pasadena, TX JC~ ~.!k~~~ ~ ~'.'~'. . ' ~ '! ~ .. ~ ~ -~- ~ ~ 9 '!' __ It: ... -.. ".. .. (J I - '" :; '" ... ;~ z:J ~ ~ ~ MAY-I0-2007 THU 11:50 AM FAX NO. PI 12 -EXHIBIT en paga 1 of 2 RULBS A>>D REGULATIONS ~y portion of Land constituting a gtrip of land 100' wide and contiguous to either Fairmont Parkway, State Highway 2251 or State Highway 146 shall be subject to the !ollowing 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 \fA" 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 ter-ant buildings shall not exceed 150 square feet in area. . One freestanding identification sign for identifying multiple businesses is allowable at the intersection of improved publio rights-of-way. . Freestanding id~ntifica.tiQn 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 La.......d adjacent to said 100' strip is developed, the initial 50' of said strip beyond any existir.g pipeline easement contiguous to either Fairmont Parkway, State Highway 225, or State Highway 145 ahall 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 develop~ent. Existing trees shall, together with other vegetat:ion and underbrush, create a continuous visual screen. b) The use of earthen bertns with approximately 3: 1 side slopes, SO' wide at the base and 8' high. The berms reay be landscaped with a COmbination of trees, shrubs, and ground cover. All berms and landscaping will be maintained by the property owners. MAY-10-2007 THU 11:50 AM FAX NO. P. 13 -l!IXanI'l' C. Page 2 of 2 c) A SC'l:eening plan, to be approved by the City, that includes a combina.tion 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, orea.te a continuous visual scteen. 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 a.ctual 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 impz:ovements except for approved driveway access and identification signs. Fer cases of new development or improvements where a 50' landsca.pe easement is not a.vailable or practical, Company shall meet with city to determine a suitable landscaping alterna.tive. 3. Driveways opening from said strip of land onto state Highway 225 or state Highway 146 sball be suhject to the rules and regulations of the Texas Department of Transportation and p~ovisions of the City's Code of Ordina.nces, whichever is more restrictive. Driveways opening from said strip of land onto Fairmont Parkway shall be subject to the rules and xegulationa of Harris County and p::ovisions 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 Fairmo~t parkway shall be subject to the approval of both Harris County and city. EXHffiIT "C" (to Agenda Packet) Ordinance for Water Service Agreement Ql/07 New ~ Dr. ORDINANCE NO. 2007-, Pf)40 - AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND GSL INVESTMENTS, INC. (T . D . WILLIAMSON COMPANY, LESSEE) ; 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, in substantially the form as shown in the document which is attached hereto and incorporated herein by the reference. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. The City Manager is hereby authorized to execute said contact, agreement, or other undertaking described in the title of this ordinance. 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. ORDINANCE NO. 2007- 30 l.f 0 PAGE 2 PASSED AND APPROVED, this r1dILO day of Oc-AJfteJ , 2007. CITY OF LA PORTE By: ~L?~ Alton E. Porter Mayor ATTEST: '-'lJ1titt!tl t? P{ldl Martha A. Gillett City Secretary AP~ t:d ~ Knox W. Askins City Attorney EXHffiIT "D" (to Agenda Packet) Water Service Agreement ?~ &N~~.&/ttS- 7:p.~a,I?f~AI~.. (~~) 1 STATE OF TEXAS S COUNTY OF HARRIS S 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 r;. ~ i.. .z:;, vt"'~ f /'?~" f{. z:;,c. hereinafter called "COMPANY". , I. CaMP ANY IS the owner of certain real property, which is situated in CITY'S /31!:1. Y ~~/' -I Industrial District and not within the corporate limits of the CITY. CITY and COMPANY are parties to a current Industrial District Agreement. II. CaMP ANY 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: III. CaMP ANY 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. 2 Upon review of these representations, the City has determined the following: Number of Company Employees on site tS Number of Contract Employees on site o Total on-site Employees 8 Potable Water Approved for Domestic Use (Total on-site Employees times 50 gpd per employee) Aft)(? *Potable Water Approved for Industrial Processes (gpd) {p~p Total Amount of Potable Water Approved for Company (Average Daily Demand, gpd) ~ tP !>t:' IV. CITY has determined that adequate facilities are available to CITY to furnish potable water to COMPANY based on the following terms and conditions, to-wit: (A) Company shall pay to CITY a one-time administrative connection charge of$ s: 1)"0-: (B) Potable water used for Industrial Processes shall be limited to the following:- ~'fU/(, ~..h:.S.j,"AtJl w.~fl ~7'ewld), S"~~b;l( ,A"./ 51'",/J t;.~.9;4 W'J~. (C) COMPANY 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. COMPANY shall be responsible for installing appropriate meter box to be approved by City. (D) The total amount of potable water approved (average daily demand) is established at ~ (J ~ 1/ ( ) 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. 3 .3~~ t:>#l'::'- (E) The average monthly demand of n ~;.. ~ y -L.~ hlAUW/t/ z,,, '11- R.~ ) gallons is established by multiplying the average daily demand by a factor of 30.5, which shall be used to facilitate service billings. ~.I0~t;" (F) The cost of water up to the average monthly demand o:l);:4......,....~_~"'T.4~~/I'"'1."~~_gall<;ms ;;.c-:. ;;,;_ 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. (0) 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 ~~. D ..;1 -s- monthly demand of/:;;.L;~~:Lt' 7:J.,D~~J7i:)M""':/~(. gallons per month. Repeated '~e 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. (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. 4 (M) All plumbing installed by caMP ANY 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 CaMP ANY. (N) A reduced pressure zone backflow preventer shall be installed and maintained by CaMP ANY to protect CITY from any possible cross-connections. (0) The potable water supply system will be segregated from any existing and future CaMP ANY fire protection system. (P) There shall be no resale of the water provided by CITY, nor any extension of service lines by caMP ANY to serve other parties. (Q) caMP ANY 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. 5 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 ofthe 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 J j ~ay of ~, 2007 By: #/r~~..~~ . ~~~.z~~ Title: pres, d t'n+ Address: & f.p 7/ S~ H'1L'L{ .. S tt ).Li J rlrusfDf), I X. 770~ , CITY OF LA PORTE ATTEST: c;J;titt;t C/dCt7 Martha A. Gillett City Secretary AP.PROVED: ah _~;;J , Knox W. Askins City Attorney ~~Y.OF~APORTE By: ~t,,7~ By: City Attorney PO Box 1218 La Porte, TX 77572-1218 City of La Porte 604 West Fairmont Parkway La Porte, TX 77571 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 betweegJ::ITY~~ ANY dated / 31 J... _ 2.C?D 9- ( Initial: CITY COMPANY~ ADDITIONAL REQUIREMENTS The Agreement is amended and supplemented to include the following agreement of the parties. COMPANY 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" (to Agenda Packet) Ordinance for Sanitary Sewer Service Agreement f~7~enI~.,ey'~. ORDINANCE NO. 2007- 3 oLf J AN ORDINANCE APPROVING AND AUTHORIZING A SANITARY SEWER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND GSL INVESTMENTS, INC. (T. D. WILLIAMSON COMPANY, LESSEE); 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, in substantially the form as shown in the document which is attached hereto and incorporated herein by the reference. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. The City Manager is hereby authorized to execute said contact, agreement, or other undertaking described in the title of this ordinance. 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 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. Section 3. This ordinance shall be effective from and after its passage and approval, and it is so ordered. ORDINANCE NO. 2007- ~ PAGE 2 PASSED AND APPROVED, this ;;<~p day of Ct-4r?/\--- , 2007. ATTEST: / ~~~ City Secretary APPRO~zJ. ~ Knox W. Askins City Attorney CITY OF LA PORTE ~?~ By: Alton E. Porter Mayor EXHffiIT "F" (to Agenda Packet) Sanitary Sewer Service Agreement ?fb/ ~(b..y~.Re. 1 STATE OF TEXAS ~ COUNTY OF HARRIS ~ SANITARY SEWER SERVICE AGREEMENT (for Companies located in Bayport North Industrial Park) 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 GSL INVESTMENTS, INC. (T.D. WILLIAMSON COMPANY, LESSEE) 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 sanitary sewer service from CITY for usual human domestic uses. COMPANY recognizes that CITY cannot at this time provide permanent and unlimited sanitary sewer service. CITY agrees, however, to provide limited sanitary sewer service to COMPANY. For and in consideration of furnishing sanitary sewer service by CITY, the parties hereto agree as follows, to-wit: ID. COMPANY has made certain representations to CITY as to its number of employees, and/or its desired amount of sanitary sewer from limited industrial processes, as of the date of this agreement, upon which representations CITY has relied in entering into this Agreement. 2 Upon review of these representations, the City has determined the following. Number of Employees on-site 8 Number of Contract Employees 0 Total on-site Employees 8 Sanitary Sewer Desired for Domestic Use (Total on-site times 50 gpd per employee) 400 Sanitary Sewer Approved for Industrial Processes (gpd) 650 Total Amount of Sanitary Sewer Approved by Company (Average Daily Demand, gpd) 1.050 IV. CITY has determined that adequate facilities are available to allow CITY to furnish sanitary sewer to COMPANY based on the following terms and conditions, to-wit: (A). Company shall pay to CITY a one-time administrative connection charge of $5,000. (B). COMPANY shall file an application for sanitary sewer service with CITY'S Utility Billing Division and pay appropriate deposit. (C). The average daily demand is established at One Thousand Fifty (1,050) gallons per day. This number is based on an average of fifty (50) gallons per employee per day established by CITY. (D). The average monthly demand is calculated to be eighty-five percent (85%) of the average daily demand multiplied by a factor of 30.5, which shall be used to facilitate service billings. (E). The cost of sanitary sewer service up to the average monthly demand of TWENTY SEVEN THOUSAND TWO HUNDRED TWENTY ONE (27,221) 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. 3 (F). The cost of sanitary sewer service for amounts 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. (G). Nothing contained in this Agreement shall obligate CITY to furnish more than the average monthly demand of TWENTY SEVEN THOUSAND TWO HUNDRED TWENTY ONE (27,221) gallons. Repeated sanitary sewer delivery greater than the established average monthly demand may result in termination of service. (H). COMPANY agrees that during periods when the CITY'S collection system is surcharged, the CITY may require the suspension of use of the sanitary sewer system for periods not to exceed thirty-six hours. (I). CITY shall have the right to interrupt or temporarily suspend said sanitary sewer service to COMPANY if an emergency arises and there is not an adequate sewer collection or treatment capacity to meet the needs of the citizens of La Porte. (1). COMPANY agrees that it shall be bound by CITY'S Industrial Waste Ordinance (Chapter 74, Article II of the Code of Ordinances) and any subsequent amendments or revisions. (K). The total cost for the engineering design and construction of any sanitary sewer main, service line, lift station, 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 sanitary sewer service to customers within the corporate limits of CITY. (M). All plumbing installed by COMPANY connected to the sanitary sewer 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 sanitary 4 sewer service to COMPANY. (N). There shall be no resale of the sanitary sewer service provided by CITY, nor any extension of service lines by COMPANY to serve other parties. (0). 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 project 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. V. All expenses of the installation of service lines from the main to the COMPANY'S facilities shall be solely at the expense of COMP ANY. COMPANY shall own and maintain all service lines and plumbing facilities. VI. CITY has no ownership and/or maintenance responsibility for the sanitary sewer mains and/or service lines within Bayport North Industrial Park. In the event a State or Harris County license, permit, or permission to install the sanitary sewer main is revoked, or relocation or adjustment is required, CITY will not be responsible for the expense of such relocation, adjustment, or replacement. Vll. CITY reserves the right of entry at all reasonable times for the purpose of inspection of COMPANY'S sanitary sewer facilities, and 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 5 integrity of the public sanitary sewer system is threatened. IX. Upon receipt of written notice of termination, COMPANY shall have up to six (6) months to prepare for transition to another sanitary sewer service provider. If the transition is not complete within said six-month period, CITY shall have the right to terminate sanitary sewer service at its sole discretion. X. In the event of any conflict between the terms and provisions of this Sanitary Sewer Service Agreement and the terms and provisions of the Industrial District Agreement between the parties, the terms and provisions of the Sanitary Sewer 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. 6 ENTERED INTO effective the _ 22 _ day of t?C72'~ ,2007. CSl.~. Company BY:~~ Name: I lA QUe..- S, L e 0 .e. . Title: f J'\.Q.s; cL eYl-t Address: .~ le II S lU. F;LL~ 5-ltd.-.Ol ftm.ts1on . L 'I (/0 '-f . CITY OF LA PORTE ATTEST: L;;(tltr/rvdy/M Martha A. Gillett City Secretary By: APPROVED: _ j, ~ZlJ ~ By: Knox W. Askins City Attorney ~ 8~~~ e ity Manager 7 consisting of 1 page, he Water Service Sewer Service TYan OMPANY Initial: CITY -- COMPANY~Sl ~, 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 and/or sanitary sewer 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 COMP ANY 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. COMP ANY 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. 3) Sampling Well: COMPANY shall install a sanitary sewer sampling well in accordance with CITY's standards. 4) Industrial Waste Permit: COMPANY shall submit application to CITY for industrial waste permit. EXHIBIT "G" (to Agenda Packet) Area Map :,,-~;~" 'r " ....~ Legend "I .,~ 't '- , ...,f...--,o. Bayport Industrial District City Limits Parcel 7 DESIGNATION OF REPRESENTATIVES HOUSTON-GALVESTON AREA COUNCIL 2008 GENERAL ASSEMBLY AND BOARD OF DIRECTORS ********************************* ;;l 00'1- / '7 BE IT RESOLVED, by the City Council of La Porte, Texas that the following be and are hereby designated as the representative and alternate of the General Assembly of the Houston-Galveston Area Council for the year 2008: ALTERNATE CJrllJd- r-=:n~ i k f'n be O(~,' {L- fA 101'1 '-f' REPRESENTATIVE FURTHER THAT, they are hereby, designated as the representative and alternate to the Board of Directors of the Houston-Galveston Area Council for the year 2008. THAT, the Executive Director of the Houston-Galveston Area Council be notified of the designation of the hereinabove named delegate and alternate. PASSED AND ADOPTED, this the ..3l2day of () {. Ie {0/[,/ ,2007. APPROVED: ~07~ Mayor ATTEST: ~1CiCM~v C;4t/1 Houston-Galveston Area Council Office of the Executive Director October 9,2007 The Honorable Alton Porter Mayor, City of La Porte 604 West Fairmont Parkway La Porte, TX 77571 ~; C.,. E""~" ~ .'?:v. '~~: [~ ~."'.W~ . ~ ~ . t:.llIl ,,$ OCT 11 2007 on'l' ~E.t:RETARl'S . .., op~'ce Dear Mayor Porter: I am writing regarding the appointment of La Porte's representative to H-GAC's 2008 General Assembly and Board of Directors. H-GAC's Bylaws authorize each member city with a population of at least 25,000 but not in excess of 99,999 according to the last preceding Federal Census (2000) to select one member of its governing body as its representative and one member of its governing body as an alternate to the H-GAC General Assembly. H-GAC's Bylaws also stipulate that your Board of Directors representative shall be the General Assembly delegate. Therefore, the official chosen to serve as the General Assembly representative will also be designated to serve on H-GAC's Board of Directors. I have enclosed the appropriate form for your convenience. The 2008 designated representatives begin their terms of office at the first of January. If more information concerning General Assembly and Board of Directors membership would be useful, please contact me or Mary Spain of the staff. Thanks for your help in selecting H-GAC's 2008 General Assembly and Board of Directors. Sincerely, ~ Jack Steele gv- 'J~C~""J: .. .1~A ~ _ # )-/' 7f~::>~>/ JS/lwa Enclosure cc: City Secretary Mailing Address PO Box 22777 Houston, Texas 77227-2777 Phone 713-627-3200 o Physical Address 3555 Timmons Lane, Suite 120 Houston, Texas 77027-6466 Phone 713-627-3200 Recycled 8 CITY OF LA PORTE RESOLUTION 2007-18 To express the City of La Porte's support for federal efforts to establish the Buffalo Bayou Heritage area: Energy Capital of the World. WHEREAS: . The area beginning at Shepherd Drive in west Houston, Texas-commonly known as the Buffalo Bayou- extending along the Houston Ship channel and ending at the Fred Hartman Bridge in Baytown, Texas made a unique contribution to the cultural, political, and industrial development of the United States. . The Buffalo Bayou is distinctive as the first spine of modern industrial development in Texas and one of the first along the Gulf of Mexico coast. . The Buffalo Bayou played a significant role in the execution of the Battle of San Jacinto and the struggle for Texas independence. . The Buffalo Bayou developed a prosperous and productive shipping industry that contributed to formation of the modern day Houston Ship Channel and the development of the Port of Houston, which today is the United States' first largest port in terms of foreign tonnage. . The Buffalo Bayou led in the development of Texas petrochemical industry that made the communities witbin the service region of the Economic Alliance Houston Port Region the center of the early oil boom in America. · There is a need for assistance for the preservation of the Buffalo and the promotion of the Houston Ship Channel as a system for transportation, industry, and commerce. · Congress, in 2002, enacted legislation (PL 107-337) authorizing the National Park Service (NPS) to study the suitability and feasibility of establishing a Buffalo Bayou National Heritage Area. · The purpose of a National heritage Area is to provide federal recognition to and to highlight the Buffalo Bayou, the Houston Ship Channel and the historic contribution to the nation and its economic development 15 community members of the Economic Alliance Houston Port Region. · No federal and protection or additional federal restrictions are provided by a National Heritage Area designation. THEREFORE, let it be resolved on this day of October 22, 2006 that the City of La Porte, Texas, supports including our area within the Buffalo Bayou National Heritage Area in order to promote the area's contribution to America's historic and economic development. Approved: ~L~ Mayor Alton E. Porter Attest: /IVJatf/LL iPtf.' ~a A. Gillett, City Secre ary Page 1 of 1 Gillett, Martha From: Jan Lawler [jan@allianceportregion.com] Saturday, October 13,200710:13 AM Chuck Pinto (Seabrook); David Stall (Shoreacres); Jack Maner (Jacinto City); Jennie (Morgan's Point); John Cooper (Galena Park); Joerns, John; Ron Crabtree (Deer Park); William Eisen (Pearland); tspires@cLpasadena.tx.us; Porter, Alton; Jack Douglass-Mayor Pro Tem; Jayo Washington; Jayo Washington; Joe Soto (South Houston); Kristian (City of Pearland's Temp. Assistant); Maricela Barrera (City of South Houston); Gillett, Martha; Mayor Barrett (City of Galena Park); Mayor Mike Jackson (City of Jacinto City); Michelle Glasier (City of Seabrook); Peggy Arisco (City of Morgan's Point); Robin Riley; Harris, Sharon; Stephen DonCarlos; Susan Lunsford; Tom Reid; Wayne Riddle Subject: Buffalo Bayou Heritage Area Resolution Attachments: Buffalo Bayou Heritage Area October 10_2006.doc Sent: To: Dear Mayors and City Managers, As you will recall, we are supporting Congressman Green's outstanding initiative to have our ship channel designated as a National Heritage Area. This will bring distinction to our heritage similar to what has been done for the Automobile Industry in Detroit. The ship Channel (Buffalo Bayou) will be highlighted for two themes: "Energy Capital of America and the World" and also the birthplace of the Texas Republic (which shaped U.S. history.) The National Parks Service is collecting feedback from the communities to better ensure we are successful before Congress on this endeavor. Our request to you: It will have strong impact if we could forward a resolution of support from each of our cities. If you have not already done so, would you consider passing a support resolution from your city? A template (our own Economic Alliance Board of Directors) is attached. We need to do this prior to the end of this month if at all possible. If you will send your resolution to our office, we will bundle together and get to the right spot. If you already passed a resolution, would you mind sending a copy of it to us as well so we ensure all our communities are processed. Giving it to them twice won't hurt at all. Thank you for you consideration of this request. If you have any questions just call me at 281-867-1112. Thank you! Jan 10/15/2007 EconO~lIiance Houston Port Region A RESOLUTION To express the Economic Alliance Houston Port Region's support for federal efforts to establish the Buffalo Bayou Heritage Area: Energy Capital of the World. WHEREAS: . The area beginning at Shepherd Drive in west Houston, Texas - commonly known as the Buffalo Bayou - extending along the Houston Ship Channel and ending at the Fred Hartman Bridge in Baytown, Texas made a unique contribution to the cultural, political, and industrial development of the United States. . The Buffalo Bayou is distinctive as the first spine of modem industrial development in Texas and one of the first along the Gulf of Mexico coast. . The Buffalo Bayou played a significant role in the execution of the Battle of San Jacinto and the struggle for Texas independence. . The Buffalo Bayou developed a prosperous and productive shipping industry that contributed to formation of the modem day Houston Ship Channel and the development of the Port of Houston, which today is the United States' first largest port in terms of foreign tonnage. . The Buffalo Bayou led in the development of Texas' petrochemical industry that made the communities within the service region of the Economic Alliance Houston Port Region the center of the early oil boom in America. · There is a need for assistance for the preservation of the Buffalo Bayou and the promotion of the Houston Ship Channel as a system for transportation, industry, and commerce. · Congress, in 2002, enacted legislation (PL 107-337) authorizing the National Park Service (NPS) to study the suitability and feasibility of establishing a Buffalo Bayou National Heritage Area. · The purpose of a National Heritage Area is to provide federal recognition to and highlight the Buffalo Bayou, the Houston Ship Channel and the historic contribution to the nation and its economic development 15 community members of the Economic Alliance Houston Port Region. · No federal land protection or additional federal restrictions are provided by a National Heritage Area designation. THEREFORE, let it be resolved on this day of October 18, 2006 that the Economic Alliance Houston Port Region supports including our area within the Buffalo Bayou National Heritage Area in order to promote the area's contribution to America's historic and economic development; i/}. .. crd-) /. \./~ ~ / / ,: Chairman of the Board of Directors Mr. Jimmy Burke President/CEO - Jan Lawler Call 832-864-4020 for more information 12 REQUEST FOR CITY COUNCIL AGENDA ITEM Department: July 23, 2007 D. wnmo",fiJs.W~ Planning Appropriation Agenda Date Requested: Requested By: Source of Funds: General Funds Account Number: #OOl-9092~524-6021 Report: X Resolution: Ordinance: X Amount Budgeted: $56,230.00 Amount Requested: Exhibits: Dangerous Buildings & Owner Information Budgeted Item: YES NO Exhibits: Inspection Reports & Condemnation Ordinances Exhibits: Slide Pre!lentation SUMMARY & RECOMMENDATION A regular Council meeting was held on June 25, 2007 to review the findings of the Dangerous Building Inspections Board and an August 27, 2007 public hearing was held to consider formal action on a group of buildings. At the public hearing, Council chose to table these two (2) structures until October 2007 to allow the owners an opportunity to provide Council with a written proposal on the structure's repair. 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. Also, certified and regular mail letters (including the inspection report and public notice) were mailed to the structure owners. The purpose of this public hearing is to receive property owner, citizen and staff comments as to why the structure should or should not be condemned and demolished. Following the close of the hearing, Council will be asked to consider condemnation of each structure. As of the preparation of this request, both structures remain so the inspection reports and ordinances on each location are included with this packet. The owner of 202 S. Blackwell has not contacted staff or provided them with any information regarding proposed repairs. The owner of 419 SO. 8ID Street has completed clean-up of the property, repairs/painting of the exterior walls and is currently working on repair of the roof leak. He has remained in contact with staff and anticipates completing the roof repair prior to the meeting. The Board recommends passage of the condemnation ordinance on 202 So. Blackwell and does not recommend passage of the ordinance on 419 SO. 8ID Street. Following the action by Council, staff will handle required paperwork preparation and mailings. Should Council condemn the structures, our Finance Department confirmed $56,230.00 in available demolition funds. ~ ~ ~1- Dale SUBS! ANDARD/DANGEROUS BUILDINGS Tabled Structures from the Summer 2007 Dangerous Building Group (10/12/07) 1) 202 S. Blackwell Street (Single-family dwelling in a Low Density Residential (R-l) zone) Legal: Blk. 75; Lots 38-40 & Tr. 37; Bayfront HCAD: #006-165-075-0037 Tax Roll: Leonard Zlomke - 202 S. Blackwell St. - La Porte, Tx 77571-5705 Deed: Leonard Zlomke - 202 S. Blackwell St. - La Porte, Tx 77571-5705 Other: Leonard Zlomke - 209 S. Lohit - La Porte, Tx 77571-5705 Taxes: None Mowing/Clean-up/Liens: None NOTE: Owner met with staff on 05/31/07 and advised he had no specific plans or timeline for repairs. No trespassing signs have been placed on house. No additional contact as of 10/12th. 2) 419 S. 8th Street (Commercial Building in a General Commercial (GC) zone) Legal: Blk. 5; Lots 9,10; La Porte HCAD: #023-151-005-0009 Tax Roll: Peter Kuchinke - 118 Oakdale St. - La Porte, Tx 77571-7345 Deed: Peter J. Kuchinka - 118 Oakdale St. - Shoreacres, Tx 77571 Taxes: None Mowing/Clean-up/Liens: None NOTE: Owner has remained in contact with staff. Brush has been removed, exterior walls repaired and painted, door replaced and the roof leak is currently being repaired. Completion is anticipated prior to the 10/22/07 Council meeting. City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: 6-5-07 STREET ADDRESS: 202 S BLACKWELL ST. HCAD OWNER: LEONARD ZLOMKE - 202 S BLACKWELL ST - LA PORTE TX 77571-5705 DEED OWNER: LEONARD ZLOMKE - 202 S BLACKWELL AVE - LAPORTE TX 77571 OTHER: LEONARD ZLOMKE - 209 S LOBIT - LA PORTE TX 77571-5705 LEGAL: BLOCK 75: LOTS 38-40 & TR 37: BA YFRONT TO LA PORTE OCCUPANCY TYPE: RESIDENCE ZONING: R-I NON-CONFORMING ISSUES: N/A FACILITIES AVAILABLE: WATER YES SEWER YES ELECTRICAL: YES GAS: YES NO.OF DWELLING UNITS: (!) UNIT VACANT: YES OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFORE!vffiNTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWThlG REASONS: Sec. 82-473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Bnildings 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: ~1. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; 2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; ~3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; 4. Whenever the building or structure, or any'portion 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 Buildings Inspection Form Bldg 1 Page 2 _6. Whenever the building or s1ructure has been so damaged by fIre, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts; L-7. Whenever a building or s1ructure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease; _8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient frre-resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fIre hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: 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) 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 frre code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: OPTION #1: ffiEP AIRABLE - RESIDENTIAL) IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS AND THE 2003 INTERNATIONAL RESIDENTIAL 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 THE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD THAT THIS BUILDING IS IN FACT DANGEROUS. BUT STILL REPAIRABLE. ALL REOUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WITH WITHIN THE TIMETABLE SET OUT IN ARTICLE VIII. SECTION 82-478. IT IS THEN THE OPINION OF THIS BOARD THA T THIS BUILDING BE DEMOLISHED. x~~ J2 4)A~pf)t B DING OFFICIAL'S OFFICE ~-/J-07 DATE x ! #tilL FIRE MARSHAL'S OFFICE u . II. 0"1 DATE x tJ. rYJ. 01~ FIRE CHIEFS OFFICE D~/t)?~7 DATE Dangerous Building lnspection Form Bldg I A = Adequate 1. STRUCTURAL A. Foundation 1. Slab 2. Pier & Beam a Footings b. Sills c. Joists B. Walls 1. Exterior 2. Interior C. Means of Egress 1. Doors a Interior b. Exterior 2. Porches, Steps, Stairs 3. Windows D. Roof 1. Rafters 2. Deck, Shingles E. Ceilings 1. Joists 2. Ceiling F. Floors G. Other II. MECHANICAL SYSTEMS A. Electrical 1. Service Entrance & Panel Wiring 3. Lights, Switches 4. Outlets 5. Other B. Plumbing 1. Fixtures a. Sink b. Lavatories c. Water/Closets d. Shower e Water Heater 2. Water Piping 3. Drain, Waste & Vent 4. Sewer/Septic tank 5. Gas System C. Heating & AlC 1. Heating, 2. Air Conditioning m. PROPERTY CONDmONS Page 3 D = Deficient BUILDING EV ALUA nON CHECKLIST N/ A = Not Applicable UNK UNABLE TO INSPECT ~ ~ ~ ROT AT FRAME ~ ROOF SAGGING ~ ROOF SAGGING UNK UNABLE TO INSPECT UNK UNABLE TO INSPECT UNK UNABLE TO INSPECT ~ ~ UNK UNK ~ UNK ~ UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK 1. Accessory Structures ~ 2. Condition of Grounds ~ 3. Other ~ COMMENT / EXPLANATION N/A HOUSE LEANING UNABLE TO INSPECT UNABLE TO INSPECT ROT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT NOT TO CODE: UNGROUNDED UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT WINDOW UNIT NEEDS NEW DOOR: (I) BROKEN WINDOW Comments: 1. FOUNDATION CONCERNS DUE TO VISIBLE LEANING CONDITION. 2. HOUSE SEPARATING FROM ADDITION. S:\CPShareIlNSPECTION DIVISIONlALL OTIffiR STIlFFICode EnforcementIDang BuildingslD B INSP FORM 202 S BLACKWELL.doc06-2007 Rev. City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: 6-5-07 STREET ADDRESS: 419 S 8TH ST. HCAD OWNER: PETER KUCHINKE - 118 OAKDALE ST. - LA PORTE TX 77571-7345 DEED OWNER: PETER J. KUCHINKA - 118 OAKDALE ST. - SHORE ACRES TX 77571 LEGAL: BLOCK 5: LOTS 9-10: LA PORTE OCCUPANCY TYPE: COML BLDG 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 THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: Sec. 82-473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Buildings or Structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: ~ 1. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; 2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; 4. Whenever the building or structure, or any portion 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 Buildings Inspection Form Bldg 1 Page 2 1--6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts; 1--7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease; 8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that auy or all of the following is applicable: 1. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; 1--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; 1--4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety . FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: OPTION #3: (NON-RESIDENTIAL ) IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS AND THE 2003 INTERNATIONAL BUILDING 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 THE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD THAT TIllS BUILDING IS IN FACT DANGEROUS. BUT STILL REPAIRABLE. ALL REOUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WITH WITHIN THE TIMETABLE SET OUT IN ARTICLE VIII. SECTION 82-478. IT IS THEN THE OPINION OF TIllS BOARD THAT TIllS BUILDING BE DEMOLISHED. X R-tl)r-1.i, fA t~~w "1J-tJ 7 BUILDING OFFICIAL'S OFFICE DATE x !tI~ FIRE MAR 'S OFFICE ?;; ~'1 DATE x tJ. m.l?T~ FIRE CHIEF'S OFFICE ~{,/~?~7 DATE Dangerous Building Inspection Form Bldg I A = Adequate 1. STRUCTURAL A. Foundation 1. Slab 2. Pier & Beam a Footings b. Sills c. Joists B. Walls 1. Exterior 2. Interior C. Means of Egress 1. Doors a Interior b. Exterior 2. Porches, Steps, Stairs 3. Windows D. Roof 1. Rafters 2. Deck, Shingles E. Ceilings 1. Joists 2. Ceiling F. Floors G. Other II. MECHANICAL SYSTEMS A. Electrical 1. Service Entrance & Panel Wiring 3. Lights, Switches 4. Outlets 5. Other B. Plumbing 1. Fixtures a Sink b. Lavatories c. Water/Closets d. Shower e Water Heater 2. Water Piping 3. Drain, Waste & Vent 4. Sewer/Septic tank 5. Gas System C. Heating & AlC 1. Heating 2. Air Conditioning III. PROPERTY CONDITIONS Page 3 D = Deficient BUILDING EVALUATION CHECKLIST N/A = Not Applicable UNK UNABLE TO INSPECT 1L- ROTTED: RUST ~ NONE tL- UNK UNABLE TO INSPECT UNK UNABLE TO INSPECT UNK UNABLE TO INSPECT UNK UNABLE TO INSPECT UNK UNABLE TO INSPECT UNK ~ ~ ~ 1L- UNK. ~ UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK ~ 1. Accessory Structures ~ 2. Condition of Grounds 1L- 3. Other COMMENT / EXPLANATION UNABLE TO INSPEC RUST: DAMAGED UNABLE TO INSPECT NO VISIBLE SERVICE PANEL UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT NONE OVERGROWN Comments: EXTERIOR INSPECTION ONLY S:\CPShare\INSPECTION DIVISIONlALL OTIlER STUFFlCode EnforcementlDang BuildingsID B INSP FORM 419 S &TH.doc06-2007 Rev. ORDINANCE NO. 2007-.3l1 /8 AN ORDINANCE DECLARING THE BUlLDING(S) LOCATED ON Blk 75. Lots 38-40. & TR 37. Bayfront, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUlLDING(S) CONDEMNED; FINDING THAT Leonard Zlomke. IS THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUlLDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUlLDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COpy OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUlLDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Section 82- 472 of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board) to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized representative, the Fire Marshal or his duly authorized representative; and WHEREAS, Section 82-474 (a) provides that: Whenever it shall come to the attention of the Board or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall make a thorough inspection of such building(s); and WHEREAS, Section 82-474 (e) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building(s) upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and WHEREAS, it has heretofore come to the attention of the Board that the building( s) located on Blk. 75. Lots 38-40. & Tr 37, Bayfront. which is further described as 202 S. Blackwell 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 Ordinance No. 2007- 30/8, Page 2 WHEREAS, said Board has heretofore made and filed its written report, June 5, 2007 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, Leonard Zlomke, whose address is 202 S. Blackwell St.. La Porte. TX 77571- 5705. that a hearing as provided in Section 82-477 of said Ordinance would be held at 6:00 PM on October 22, 2007 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 October 2.2007. 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 October 22. 2007 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. Ordinance No. 2007- ~ I?, Page 3 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 Leonard Zlomke, who resides at 202 S. Blackwell St., La Porte, TX 77571-5705, and is the record owner( s) of the property on which this building is situated, and that as such record owner( s), the said Leonard Zlomke has been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said Leonard Zlomke to entirely remove or tear down such building(s), and further orders the said Leonard Zlomke, 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 Leonard Zlomke. by registered mail, return receipt requested. Section 8. Should the said Leonard Zlomke, 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 Leonard Zlomke 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. 2007- 3c/a Page 4 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 ?)t1,{) day of -DUD b-e/ _, 2007. CITY ~L~ PORTE ~ By: ~.\~ Mayor ATTEST: ~01{ltlL0~L~ City Secretary APu~ -r~ City Attorney THE STATE OF TEXAS )( COUNTY OF HARRIS )( CITY OF LA PORTE )( NOTICE OF PUBLIC BEARING In accordance with the provisions of Article VII~ S. 82-477 of the City's Code of Ordinances, notice is hereby given that the La Porte City Council will conduct a Public Hearing at 6:00 P.M. on the 2200 day of October, 2007, in the Council Chambers of the City Hall, 604 West Fainnont Parkway, La Porte, Texas. The purpose of this hearing is to consider condemnation of the following structure(s) that have been found by the Board of Inspection to be dangerous (substandard) and a nuisance. I) 202 S. Blackwell Street Single-family dwelling in a Low Density Residential (R-I ) zone) Legal: Blk. 75; Lots 38-40 & Tr. 37; Bayfront Tax Roll: Leonard Zlomke - 202 S. Blackwell St. - La Porte, Tx 77571-5705 Deed: Leonard Zlomke - 202 S. Blackwell S1. - La Porte, Tx 77571-5705 Other: Leonard Zlomke - 209 S. Lobit - La Porte, Tx 77571-5705 2) 419 S. 8th Street Commercial Building in a General Commercial (GC) zone Legal: Blk. 5; Lots 9,10; La Porte Tax Roll: Peter Kuchinke - 118 Oakdale S1. - La Porte, Tx 77571-7345 Deed: Peter 1. Kuchinka - 118 Oakdale S1. - Shoreacres, Tx 77571 Owners of the above listed structures are hereby requested to appear before the City Council to show why their buildings should not be declared a nuisance, condemned and ordered to be tom down. Citizens wishing to speak at the public hearing, pro or con, will be required to sign in before the meeting is convened. Following the public hearing, a regular meeting of the City Council will be held to act upon the public hearing and other matters to be brought before the Council. CITY OF LA PORTE Martha Gillett, TRMC, CMC City Secretary There may be a possible quorum of City Council present at this meeting and may participate in discussions at this meeting, however, they will not vote on matters. THIS FACILITY BAS DISABILITY ACCOMODATIONS AVAILABLE. REQUESTS FOR ACCOMODATIONS OR INTERPRETIVE SERVICES AT MEETINGS SHOULD BE MADE 48 HOURS PRIOR TO THE MEETING. PLEASE CONTACT THE CITY SECRETARY'S OFFICE AT (281) 471-5020 OR TDD LINE (281) 471-5030 FOR FURTHER INFORMATION. ACTION OF CITY COUNCIL On this, the '~;: ~.iO day of OC-li;b..{i ( , ;2oei) , the City Secretary of the City of La Porte, having received the above and foregoing report from the Dangerous Building Inspection Board of the City of La Porte, the City Secretary of the City of La Porte is hereby ordered to notify the owner in writing in accordance with the provisions of the City's Code of Ordinances Article VITI, Section 82-478. CITY OF ~A PORTE ~ By I~~,~~ ATTEST: 01Y!tLul:v (1(/p/~ City Secretary CITY SECRETARY'S CERTIFICATE I hereby certify that on the JS'il day of {)til,l:?lr , :l-Ol)1, I mailed a notice to the above named owner, in connection with the above referenced property, said notice being in accordance with City's Code of Ordinances Article VITI, Section 82-478. A copy of said notice is attached hereto. Said notice included a copy of the Dangerous Building Inspection Form attached hereto. L-J)1C1ftitA, ~ /I Martha Gillett, TRMC, CMC City Secretary S:\CPShare\Code Enforcement\Action by City Council Form.doc April 2004. Rev. 12 REQUEST FOR CITY COUNCIL AGENDA ITEM Department: July 23. 2007 D. w_re~~~ Planning Aoorooriation Agenda Date Requested: Requested By: Source of Funds: General Funds Account Number: #001-9092-524-6021 Report: X Resolution: Ordinance: X Amount Budgeted: $56.230.00 Amount Requested: Exhibits: Dangerous Buildings & Owner Information BudgdedUem: YES NO Exhibits: Inspection Reports & Condemnation Ordinances Exhibits: Slide Pre!lentation SUMMARY & RECOMMENDATION A regular Council meeting was held on June 25, 2007 to review the findings of the Dangerous Building Inspections Board and an August 27, 2007 public hearing was held to consider formal action on a group of buildings. At the public hearing, Council chose to table these two (2) structures until October 2007 to allow the owners an opportunity to provide Council with a written proposal on the structure's repair. Subsequent to this meeting, as required by Article VITI; Section 82-475 of the Code Ordinances, a notice was published twice in the Bayshore Sun. Also, certified and regular mail letters (including the inspection report and public notice) were mailed to the structure owners. The purpose of this public hearing is to receive property owner, citizen and staff comments as to why the structure should or should not be condemned and demolished. Following the close of the hearing, Council will be asked to consider condemnation of each structure. As of the preparation of this request, both structures remain so the inspection reports and ordinances on each location are included with this packet. The owner of 202 S. Blackwell has not contacted staff or provided them with any infonnation regarding proposed repairs. The owner of 419 So. 8th Street has completed clean-up of the property, repairslpainting of the exterior walls and is currently working on repair of the roof leak. He has remained in contact with staff and anticipates completing the roof repair prior to the meeting. The Board recommends passage of the condemnation ordinance on 202 So. Blackwell and does not recommend passage of the ordinance on 419 So. 8th Street. Following the action by Council, staff will handle required paperwork preparation and mailings. Should Council condemn the structures, our Finance Department confirmed $56,230.00 in available demolition funds. ~ ~ ~1. Dale SUBST ANDARD/DANGEROUS BUILDINGS Tabled Structures from the Summer 2007 Dangerous Building Group ( 10/12/07) 1) 202 S. Blackwell Street (Single-family dwelling in a Low Density Residential (R-J) zone) Legal: Blk. 75; Lots 38-40 & Tr. 37; Bayfront HCAD: #006-165-075-0037 Tax Roll: Leonard Zlomke - 202 S. Blackwell St. - La Porte, Tx 77571-5705 Deed: Leonard Zlomke - 202 S. Blackwell St. - La Porte, Tx 77571-5705 Other: Leonard Zlomke - 209 S. Lobit - La Porte, Tx 77571-5705 Taxes: None MowinglClean-up/Liens: None NOTE: Owner met with staff on 05/31/07 and advised he had no specific plans or timeline for repairs. No trespassing signs have been placed on house. No additional contact as of 10/12th. 2) 419 S. 8th Street (Commercial Building in a General Commercial (GC) zone) Legal: Blk. 5; Lots 9,10; La Porte HCAD: #023-151-005-0009 Tax Roll: Peter Kuchinke - 118 Oakdale 81. - La Porte, Tx 77571-7345 Deed: Peter J. Kuchinka - 118 Oakdale St. - Shoreacres, Tx 77571 Taxes: None MowinglClean-up/Liens: None NOTE: Owner has remained in contact with staff. Brush has been removed, exterior walls repaired and painted, door replaced and the roof leak is currently being repaired. Completion is anticipated prior to the 10/22/07 Council meeting. City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: 6-5-07 STREET ADDRESS: 202 S BLACKWELL ST. HCAD OWNER: LEONARD ZLOMKE - 202 S BLACKWELL ST - LA PORTE TX 77571-5705 DEED OWNER: LEONARD ZLOMKE - 202 S BLACKWELL AVE - LAPORTE TX 77571 OTHER: LEONARD ZLOMKE - 209 S LOBIT - LA PORTE TX 77571-5705 LEGAL: BLOCK 75: LOTS 38-40 & TR 37: BA YFRONT TO LA PORTE OCCUPANCY TYPE: RESIDENCE ZONING: R-1 NON-CONFORMING ISSUES: N/A F ACILITlES AVAILABLE: WATER YES SEWER YES ELECTRICAL: YES GAS: YES NO.OF DWELLING UNITS: (1) UNIT VACANT: YES OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: Sec. 82-473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Buildings or Structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all ofthe following is applicable: ~1. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; 2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; ~3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; 4. Whenever the building or structure, or any'portion 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 Buildings Inspection Form BJdg 1 Page 2 _6. Whenever the building or structure has been so damaged by fIre, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts; L-7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfIt for human habitation or in such a condition that is likely to cause sickness or disease; _8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fIre hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: 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) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; 3. Whenever any installation or any portion thereof which is damaged by fIre, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or safety; L- 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fIre code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: OPTION #1: (REPAIRABLE - RESIDENTIAL) IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS AND THE 2003 INTERNATIONAL RESIDENTIAL CODE. AS ADOPTED. AMENDED AND ENACTED BY CITY. ORDINANCE #04-2700 AND #96-2079- B. USING THE REGULATIONS AND CODE AS ITS GUIDE. IT IS THE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD THAT THIS BUILDING IS IN FACT DANGEROUS. BUT 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 COMPLIED WITH WITHIN THE TIMETABLE SET OUT IN ARTICLE Vill. SECTION 82-478. IT IS THEN THE OPINION OF THIS BOARD THAT THIS BUILDING BE DEMOLISHED. x~1J~ j, 7A}JI~~ B DING OFFICIAL'S OFFICE (,-IJ-07 DATE x ! }tI(,(L FIRE MARSHAL'S OFFICE U' ff. 01 DATE x tJ.rn. 01~ FIRE CHIEF'S OFFICE ()~/t)?~7 DATE BUILDING EV ALUA nON CHECKLIST A = Adequate D = Deficient N/ A = Not Applicable 1. STRUCroRAL COMMENT / EXPLANATION A. Foundation 1. Slab ~ N/A 2. Pier & Beam a Footings 1L.......- HOUSE LEANING b.Sills UNK UNABLE TO INSPECT c. Joists UNK UNABLE TO INSPECT B. Walls 1. Exterior 1L.......- ROT 2. Interior UNK UNABLE TO INSPECT C. Means of Egress 1. Doors a Interior UNK UNABLE TO INSPECT b. Exterior A.- 2. Porches, Steps, Stairs A.- 3. Windows 1L.......- ROT AT FRAME D. Roof 1. Rafters 1L.......- ROOF SAGGING 2. Deck, Shingles 1L.......- ROOF SAGGING E. Ceilings 1. Joists UNK UNABLE TO INSPECT 2. Ceiling UNK UNABLE TO INSPECT F. Floors UNK UNABLE TO INSPECT Dangerous Building Inspection Form Bldg 1 G. Other IT. MECHANICAL SYSTEMS A. Electrical 1. Service Entrance & Panel Wiring 3. Lights, Switches 4. Outlets 5. Other B. Plumbing 1. Fixtures a. Sink b. Lavatories c. Water/Closets d. Shower e Water Heater 2. Water Piping 3. Drain, Waste & Vent 4. Sewer/Septic tank 5. Gas System C. Heating & AlC I. Heating, 2. Air Conditioning ITL PROPERTY CONDITIONS A.- UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK 1. Accessory Structures 1L.......- 2. Condition of Grounds A.- 3. Other A.- Page 3 UNABLE TO INSPECT UNABLE TO INSPECT NOT TO CODE: UNGROUNDED UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT WINDOW UNIT NEEDS NEW DOOR: (I) BROKEN WINDOW Comments: I. FOUNDATION CONCERNS DUE TO VISIBLE LEANING CONDITION. 2. HOUSE SEPARATING FROM ADDITION. S:\CPShare\lNSPECTION DIVISIONlALL om STUFFlCode EnforcementIDang BuildingslD B INSP FORM 202 S BLACKWELL.doc06-2007 Rev. City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: 6-5-07 STREET ADDRESS: 419 S 8TH ST. HCAD OWNER: PETER KUCHINKE - 118 OAKDALE ST. - LA PORTE TX 77571-7345 DEED OWNER: PETER J. KUCHINKA - 118 OAKDALE ST. - SHORE ACRES TX 77571 LEGAL: BLOCK 5: LOTS 9-10: LA PORTE OCCUPANCY TYPE: COML BLDG 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 THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: Sec. 82-473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Buildings or Structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all ofthe 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; .' _3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; _4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) 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; Dangerous Buildings Inspection Form BJdg 1 Page 2 -..j 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts; L-7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease; _8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: _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) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or safety; L- 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: OPTION #3: (NON-RESIDENTIAL) IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS AND THE 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 THE OPINION OF THE DANGEROUS BUILDING INSPECTlON BOARD THAT THIS BUILDING IS IN FACT DANGEROUS. BUT STILL REPAIRABLE. ALL REOUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WITH WITHIN THE TIMETABLE SET OUT IN ARTICLE VIII. SECTION 82-478. IT IS THEN THE OPINION OF THIS BOARD mAT THIS BUILDING BE DEMOLISHED. X C;;~r-1~, fA t.~~W (q-/J-tJ'1 BUILDING OFFICIAL'S OFFICE DA TE x !Jt~ FIRE MAR. 'S OFFICE c:./t ~'l DATE x tJ.m.~~ FIRE CHIEF'S OFFICE ~&/~?/t:;7 DATE Dangerous Building Inspection Form Bldg I A = Adequate 1. STRUCTURAL A. Foundation 1. Slab 2. Pier & Beam a Footings b. Sills c. Joists B. Walls 1. Exterior 2. Interior C. Means of Egress 1. Doors a Interior b. Exterior 2. Porches, Steps, Stairs 3. Windows D. Roof 1. Rafters 2. Deck, Shingles E. Ceilings 1. Joists 2. Ceiling F. Floors G. Other rr.MEC~CALSYSTEMS A. Electrical 1. Service Entrance & Panel Wiring 3. Lights, Switches 4. Outlets 5. Other B. Plumbing 1. Fixtures a Sink b. Lavatories c. Water/Closets d. Shower e Water Heater 2. Water Pipiug 3. Drain, Waste & Vent 4. Sewer/Septic tank 5. Gas System C. Heating & AlC 1. Heating 2. Air Conditioning III. PROPERTY CONDITIONS Page 3 D = Deficient BUILDING EV ALUA nON CHECKLIST N/A = Not Applicable UNK UNABLE TO INSPECT IL- ROTIED:RUST ~ NONE L- UNK UNABLE TO INSPECT UNK UNABLE TO INSPECT UNK UNABLE TO INSPECT UNK UNABLE TO INSPECT UNK UNABLE TO INSPECT UNK ~ ~ ~ IL- UNK ~ UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK ~ 1. Accessory Structures ~ 2. Condition of Grounds IL- 3. Other Comments: COMMENT / EXPLANATION UNABLE TO INSPEC RUST: DAMAGED UNABLE TO INSPECT NO VISIBLE SERVICE PANEL UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT NONE OVERGROWN EXTERIOR INSPECTION ONLY S:\CPShareIINSPECTION DlVISIONlALL OTHER STIJFF\Code Enforcement\Dang Buildings\D B INSP FORM 419 S 8TH.doc06-2007 Rev. ORDINANCE NO. 2007- 30;?O A..L~ \? \ 0\ ilJ (,C b ( I J S. f " Vv d f() \ ~ AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON Blk S. Lots 9-10. La Porte, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT Peter Kuchinke ARE THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COpy OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Section 82- 472 of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board) to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized representative, the Fire Marshal or his duly authorized representative; and WHEREAS, Section 82-474 (a) provides that: Whenever it shall come to the attention of the Board or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall make a thorough inspection of such building(s); and WHEREAS, Section 82-474 (e) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building(s) upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and WHEREAS, it has heretofore come to the attention of the Board that the building(s) located on Blk. S. Lots 9-10. La Porte which is further described as 419 S. 8th 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 Ordinance No. 2007-3~;?~ Page 2 WHEREAS, said Board has heretofore made and filed its written report, June 5. 2007 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, Peter Kuchinke, whose address is 118 Oakdale St.. La Porte. TX 77571-7345 that a hearing as provided in Section 82-477 of said Ordinance would be held at 6:00 PM on October 22,2007 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 "Unclaimed" - Post Office shows attempted delivery on September 29.2007. 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 October 22. 2007 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. / Ordinance No. 2007~ :3 OJ f! Page 3 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 Peter Kuchinke, who resides at 118 Oakdale St.. La Porte. TX 77571-7345, is the record owner(s) of the property on which this building is situated, and that as such record owner(s), the said Peter Kuchinke. has been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said Peter Kuchinke. to entirely remove or tear down such building( s), and further orders the said Peter Kuchinke, 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 Peter Kuchinke, by registered mail, return receipt requested. Section 8. Should the said Peter Kuchinke, 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 Peter Kuchinke, 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. 2007- 3 PJ(( Page 4 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 , 2007. CIT~ LA PORTE ru By: l0b.~ t~, \~ Mayor City Secretary ; \ft\~lL t ( 0\ \v\J-)' O\J . UV.r\ \ ~Q~ ATTEST: APPROVED: ~ T 4~J(~ City Attorney 13 . REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 10/22/07 Appropriation Requested By: D. Wilmo Source of Funds: Department: Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Amount Requested: Exhibits: Repealing Ordinance Budgeted Item: YES NO Exhibits: Condemnation Ordinance #2007-3015 Exhibits: Inspection Report & Slide Presentation SUMMARY & RECOMMENDATION A regular Council meeting was held on June 25, 2007 to review the findings of the Dangerous Building Inspections Board and an August 27,2007 public hearing was held to consider formal action on a group of buildings. At the public hearing, Council passed the condemned ordinance on 210 Pine Bluff Street. Demolition specifications were prepared and demolition bids were obtained on a group offourteen (14) structures which included 210 Pine Bluff Street. At the October 08, 2007 meeting, staff presented the demolition bid to Council; however, at the same meeting, the owner's representative for 210 Pine Bluff Street requested another opportunity to prepare a repair proposal. Council agreed to delay demolition of the structure until they received additional information from the owner and staff. The owner was directed to schedule a walk-thru inspection of the house with staff and be prepared to provide a specific repair proposal at the 10/22/07 Council meeting. A repealing ordinance has been prepared in case Council chooses to repeal condemnation Ordinance #2007-3015. Should Council not repeal the ordinance, staff is prepared to amend the purchase order to proceed with the demolition of 210 Pine Bluff Street. The owner's wife spoke with staff on October 11,2007 and advised they would get back with staff by the end ofthe day to schedule a walk-thru. On October 15,2007, Mr. Pfirman called and scheduled a walk-through on October 16, 2007. It> L (61 Date C D lA "C I L De 11'1 ~[~ pA-6SA-~jt ORDINANCE NO. 2007-3~ AN ORDINANCE REPEALING ORDINANCE NO. 2007-3015, PROVIDING FOR THE CONDEMNATION OF THE STRUCTURE LOCATED ON BLOCK 7, LOTS 31-33, PINE BLUFF, HARRIS COUNTY, TEXAS, AND DECLARING SAME TO BE' A PUBLIC NUISANCE, CONTAINING A REPEALING CLAUSE, CONTAINING A SEVERABILITY CLAUSE, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. 0. ( -f1,,; s D ( () 'dl{t nee 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 expressly repeals Ordinance 2007-3015, passed and approved on the 27th day of August, 2007. Section 2. 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 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 ____ day of , 2007. By: C~i,~~ Alton E. Porter Mayor ATTEST: Leu nc ~ I c~ r n") r-ct- pA ')549( or - nf\) <) [) ( 0 ,I vV:1. (l ( {' Martha A. Gillett city Secretary ~~: ~/: ~ C ark T. Askins 7'1~ Assistant City Attorney 2 ORDINANCE NO. 2007- 3Di5 AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON Blk 7. Lots 31-33. Pine Bluff, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDE}v.lNED; FINDING THAT Robert L. Pfrrman. IS THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY RE1\.10VE OR TEAR DO\VN SUCH BUILDING(S); ORDERING THE SAID O\VNER(S) TO COMMENCE SAID REMOVAL OR DEl\tIOLITION WITHlN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COIvlPLETE SAID REMOVAL OR DEMOLITION WITHIN THIRTY (30) DAYS FR01\.1 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 O\\7NER(S); PROVIDING FOR THE . RE1vIOV AL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OW1\1ER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COIvlPLIANCE 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 L'lspection 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 \VHEREAS, 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 \VHEREAS, Section 82-474 (e) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall report its conclusion in writing to each of the members ofthe City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building( s) upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and \V'tIEREAS, it has heretofore come to the attention or the Board that the building(s) located on Blk. 7. Lots 31-33. Pine Bluffwhich is further described as 210 Pine Bluff St., Harris County, Texas, has, for the reason or neglect or misuse, been allowed to deteriorate into a condition or decay or partial ruin or has become a public nuisance or hazard as defined in .. ... ... ., Section 82-473 orthe Code of Ordinances orthe City of La Porte; and Ordinance No. 2007- 3 O/-S- Page 2 WHEREAS, said Board has heretofore made and filed its written report, June 5. 2007 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, Robert L. Pfirman. whose address is 17926 Bamwood Dr. Houston. TX 77090- 1857. and Robert L. Ptirman. whose address is 8045 Antoine #383. Houston. TX 77088. that a hearing as provided in Section 82-477 of said Ordinance would be held at 6:00 PM on August 27, 2007 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 25. 2007 (Robert L. Ptirman - Bamwood Dr.) and Post Office web site shows "Undeliverable as Addressed" on July 26.2007 (Robert L. Ptirman- Antoine) and Post Office Returned as "Unclaimed" on August 09. 2007(Melissa Stallman & Todd Stevenson). 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 27. 2007 a day which is within fifteen (15) days after the termination ofthe hearing; NOW THEREFORE: Ordinance No. 2007-" 0 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 Robert L. Pfirman, who resides at 17926 Bamwood Dr.. Houston. TX 77090-1857. and Robert L. Ptirman. who resides at 8045 Antoine. #383. Houston. TX 77088 and is the record owner(s) of the property on which this building is situated, and that as such record owner(s), the said Robert L. Ptirman. has been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said Robert L. Pfirman. to entirely remove or tear down such building( s), and further orders the said Robert L. Pflfman. 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 Robert L. Pfirm~ by registered mail, return receipt requested. Section 8. Should the said Robert L. Pfrrmi!!!, not comply with the orders contained in this Ordinance relating to the removal or demolition of such building(s) within thirty (30) days after hereof, then the Board of the City of La Porte shall enter upon the said premises with such Ordinance No. 2007-30 fe;, Page 4 assistance as it may deem necessary, and cause the said building(s) to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said Robert L. Pfirman 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 ;:}1JL day of dld1 {I. 51- . 2007. CITRFLAPOR~ By: ~~v\~ Mayor ATTEST: ~t1{./h, ~;;-// City Secretary APPROVED: ~T~ City Attorney City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: 6-5-07 STREET ADDRESS: 210 PINE BLUFF ST. HCAD OWNER: DEED OWNER: OTHER: RICHARD L. PFIRMAN - 17926 BAMWOOD DR. - HOUSTON. TX 77090-1857 RICHARD L. PFIRMAN - 8045 ANTOINE #383 - HOUSTON TX 77088 MELISSA STALLMAN & TODD STEVENSON- 2555 REPSDORPH #414- SEABROOK. TX 77586 CLEASEE) BLOCK 7: LOTS 31-33: PINE BLUFF LEGAL: OCCUPANCY TYPE: RESIDENCE ZONING: R-I NON-CONFORMING ISSUES: N/A FACILITIES A V AILABLE: WATER YES SEWER YES ELECTRlCAL: YES GAS: YES NO.OF DWELLING UNITS: (])UNlT VACANT: YES OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: Sec. 82-473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Buildings or Structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: L-l. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; 2. Whenever any portion thereof has been damaged by fIre, earthquake, wind, flood, or by any other cause to such an extent that the structural strength. or Stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; 4. Whenever the building or structure, or any portion 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; Dangerous Buildings Inspection Form Bldg 1 Page 2 L-6. Whenever the building or structure has been so damaged by fIre, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts; L-7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfIt for human habitation or in such a condition that is likely to cause sickness or disease; 8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fIre-resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fIre hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: 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) 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 TIlE BOARD OF INSPECTION: OPTION #1: (REPAIRABLE - RESIDENTIAL) IN ACCORDANCE WITH TIlE CITY'S DANGEROUS BUILDING REGULATIONS AND TIlE 2003 INTERNATIONAL RESIDENTIAL 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 THE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD THAT TillS BUILDING IS IN FACT DANGEROUS. BUT STILL REPAIRABLE. ALL REOUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF TIlE REPAIR OR AL TERA TION ORDER IS NOT COMPLIED WITH WITHIN TIlE TIMETABLE SET OUT IN ARTICLE Vrn. SECTION 82-478. IT IS THEN THE OPINION OF THIS BOARD THAT THIS BUILDING BE DEMOLISHED. x Q~,-~ 2AJ~ fo-/1-tJ0 BUILDING OFFICIAL'S OFFICE DATE x (1 ffifL ~J FIRE SHAL'S OFFICE u It, 0'7 DAtE x Mm ff2~ FIRE CHIEF'S OFFICE 6 - ?-d7 DATE ' Dangerous Building Inspection Form Bldg 1 A = Adequate I. STRUCTURAL A. Foundation 1. Slab 2. Pier & Beam a Footings b. Sills c. Joists B. Walls 1. Exterior 2. Interior C. Means of Egress 1. Doors a Interior b. Exterior 2. Porches, Steps, Stairs 3. Wmdows D. Roof I. Rafters 2. Deck, Shingles E. Ceilings 1. Joists 2. Ceiling F. Floors G. Other II. MECHANICAL SYSTEMS A. Electrical 1. Service Entrance & Panel Wiring 3. Lights, Switches 4. Outlets 5. Other B. Plumbing 1. Fixtures a Sink b. Lavatories c. Water/Closets d. Shower e Water Heater 2. Water Piping 3. Drain, Waste & Vent 4. Sewer/Septic tank 5. Gas System C. Heating & AlC 1. Heating 2. Air Conditioning ill. PROPERTY CONDmONS Page 3 BUILDING EVALUATION CHECKLIST UNK UNK UNK UNK ~ UNK UNK A-- ~ ~ A-- A-- UNK UNK UNK ~ UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK ~ I. Accessory Structures ~ 2. Condition of Grounds ~ 3. Other Comments: D = Deficient N/A = Not Applicable COMMENT / EXPLANA nON UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT SOME ROT UNABLE TO INSPECT UNABLE TO INSPECT STEPS MISSING AT BACK DOOR DAMAGED WINDOWS: BOARDED UP BY CLP UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNIT AT ROAD VERY BAD CONDITION RECENTLY CLEANED UP: PILES AT RD. 6-12-07 STAFF MET WITH NEW LEASEES: INTERIOR OF HOUSE HAS BEEN GUTTED. S:\CPShareIlNSPECTION D1V1SIONlALL OTHER STUrnCode EnforcementlDang BuildingsID B INSP FORM 210 PINE BLUFF.doc06-2007 Rev. 15 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 22, 2007 Requested By: Michael DOlbyg- Department: Finance Report: Resolution: Ordinance: xx Exhibits: Ordinance 2007-3024-B Exhibits: Excerpt from FY 2008 Adopted Budget & Amended Budget (Exhibit A & B) Source of Funds: N/ A Appropriation Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YES NO Exhibits: Explanations / Backup for Amendment SUMMARY & RECOMMENDATION The City Council adopted the Fiscal Year 2007-08 Budget on August 27,2007. The Summary of Funds, which is shown below, represents the amendments which council previously approved to the FY 2007-08 Budget. (*denotes funds with current changes) Previously Original Budget Amended Budget General Fund Grant Fund Street Maintenance Sales Tax Fund Community Investment Hotel/Motel Occupancy Tax 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 2000 General Obligation Bond Fund 2005 Certificate of Obligation Bond Fund 2006 General Obligation Bond Fund 2007 Certificate of Obligation Bond Fund Transportation & Other Infrastructure Fund General Debt Service Utility Debt Service La Porte Area Water Authority Debt Service Total of All Funds $ 30,010,812 1,036,356 1,004,178 233,120 556,540 971,565 1,600,185 8,038,354 274,158 23,396 1,717,760 1,304,138 1,529,323 4,881,080 1,211,065 955,000 935,000 350,000 54,465 60,000 49,478 305,261 200,000 3,477,278 479,105 758,531 $ 62,016,148 eoda Date $ 30,043,016 1,036,356 1,004,178 233,120 556,540 971,565 1,600,185 8,038,354 274,158 23,396 1,717,760 1,304,138 1,529,323 4,881,080 1,211,065 955,000 935,000 350,000 54,465 60,000 49,478 305,261 200,000 3,477,278 479,105 758,531 $ 62,048,352 !) Proposed Amended Budget $ 30,043,016 1,036,356 1,004,178 233,120 556,540 971,565 1,600,185 8,038,354 274,158 23,396 1,717,760 1,304,138 1,756,727 * 4,881,080 1,211,065 955,000 935,000 350,000 54,465 60,000 49,478 305,261 200,000 3,477,278 479,105 758,531 $ 62,275,756 07 ORDINANCE NO. 2007-3024-8 AN ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1,2007 THROUGH SEPTEMBER 30,2008; 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 1,2007, through September 30,2008, has heretofore been presented to the City Council and due deliberation had thereon, was filed in the office of the City Secretary on July 23,2007, and a public hearing scheduled for August 27,2007 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 a summary of which is attached hereto by reference as Exhibit "A", is hereby amended as reflected on the amended budget summary document, attached hereto by reference as Exhibit "B", as the Budget for the said City of La Porte, Texas, for the period of October 1,2007, through September 30,2008. 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~1tJday of {llr}-cU ,2007. ~~~ Alton Porter, Mayor ATTEST: LjlJattl1~!~ Martha Gillett, City Secretary A~~ ;; . ~AI Clark Askins, Assistant City Attorney EXHIBIT A (ORIGINAL BUDGET) City of La Porte Consolidated Summary of All Funds FY 07-08 FY 07-08 Revenues Expenses Governmental Fund Types: General Fund 30,0 I 0,812 30,010,812 Grant Fund 1,036,356 1,036,356 Street Maintenance Sales Tax 726,535 1,004,178 Community Investment 217,358 233,120 HoteVMotel Occupancy Tax 530,020 556,540 Section 4B Sales Tax 1,871,847 971,565 Tax Increment Reinvestment 1,621,438 1,600,185 Total Governmental Types 36,014,366 35,412,756 Enterprise: Utility 7,863,720 8,038,354 Sylvan Beach 250,280 274,158 Airport 55,906 23,396 La Porte Area Water Authority 1,295,846 1,717,760 Golf Course 1,121,404 1,304,138 Total Enterprise 10,587,156 11,357,806 Internal Service Motor Pool 2,028,711 1,529,323 Insurance Fund 4,883,865 4,881,080 Technology Fund 1,158,764 1,211,065 Total Internal Service 8,071,340 7,621,468 Capital Improvement: General 66,900 955,000 Utility 600,000 935,000 Sewer Rehabilitation 317,800 350,000 1998 GO Bond Fund 14,100 2000 GO Bond Fund 1,100 54,465 2002 GO Bond Fund 1,500 2004 C/O Bond Fund 13,100 2005 C/O Bond Fund 2,800 60,000 2005 GO Bond Fund 2,300 2006 C/O Bond Fund 10,000 2006 GO Bond Fund 5,000 49,478 2007 C/O Bond Fund 178,000 305,261 Other Infrastructure 51,700 200,000 Total Capital Improvement 1,264,300 2,909,204 Debt Service: General 3,320,122 3,477,278 Utility 511,950 479,105 La Porte Area Water Authority 758,531 758,531 Total Debt Service 4,590,603 4,714,914 Total All Funds 60,527,764 62,016,148 EXHIBIT B (AMENDED BUDGET) City of La Porte Consolidated Summary of All Funds FY 07-08 FY 07-08 Revenues Expenses Governmental Fund Types: General Fund 30,010,812 30,043,016 Grant Fund 1,036,356 1,036,356 Street Maintenance Sales Tax 726,535 1,004,178 Community Investment 217,358 233,120 Hotel/Motel Occupancy Tax 530,020 556,540 Section 4B Sales Tax 1,871,847 971,565 Tax Increment Reinvestment 1,621,438 1,600,185 Total Governmental Types 36,014,366 35,444,960 Enterprise: Utility 7,863,720 8,038,354 Sylvan Beach 250,280 274,158 Airport 55,906 23,396 La Porte Area Water Authority 1,295,846 1,717,760 Golf Course 1,121,404 1,304,138 Total Enterprise 10,587,156 11,357,806 Internal Service Motor Pool 2,028,711 1,756,727 Insurance Fund 4,883,865 4,881,080 Technology Fund 1,158,764 1,211,065 Total Internal Service 8,071,340 7,848,872 Capital Improvement: General 66,900 955,000 Utility 600,000 935,000 Sewer Rehabilitation 317,800 350,000 1998 GO Bond Fund 14,100 2000 GO Bond Fund 1,100 54,465 2002 GO Bond Fund 1,500 2004 C/O Bond Fund 13,100 2005 C/O Bond Fund 2,800 60,000 2005 GO Bond Fund 2,300 2006 C/O Bond Fund 10,000 2006 GO Bond Fund 5,000 49,478 2007 C/O Bond Fund 178,000 305,261 Other Infrastructure 51,700 200,000 Total Capital Improvement 1,264,300 2,909,204 Debt Service: General 3,320,122 3,477,278 Utility 511,950 479,105 La Porte Area Water Authority 758,531 758,531 Total Debt Service 4,590,603 4,714,914 Total All Funds 60,527,764 62,275,756 17 .4'- ^ ~ -- " ~----------. ' REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested October 22, 2007 Mayor Porter Requested By Department: M:ilj'Qr :ili:lr;l Ci!?, CQ1li:lcil Report: X Resolution: Ordinance: Exhibits: Exhibits: Exhibits: Memo from City Secretary Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION Discuss polling locations for the May, 2008 General Election. to I{~ /01 Date CITY OF LA PORTE CITY SECRETARY'S OFFICE INTEROFFICE MEMORANDUM October 16, 2007 TO: Mayor and City Council CC: Ron Bottoms, City Manager Martha A. Gillett, TRMC, CMC ~ Polling Locations for the 2008 General Election FROM: SUBJECT: In June 2007, we discussed problems associated with polling locations during the 2007 General and Run-Off Elections. As we discussed, the majority of the problems occurred during the Run-off election. You suggested we bring this item back for discussion to determine if any changes need to be made for the 2008 Election. I researched using EMS/Fire stations as a polling location and received the following responses: City Attorney Knox Askins - Candidates have complained in the past about polling locations, such as the old school board building, which did not leave room for campaigning when the "circle" was drawn. Many cities have quit using emergency facilities, because of that reason: adequate parking; and problem of voters trying to park in the emergency driveway exits. Volunteer fireman need the parking spaces in event of a call. EMS Chief Ray Nolen - I really do not mind if EMS is utilized for a polling location. May only concerns were if EMS would met the requirements of a polling location as far as size and parking distance requirements. I have 22 parking spaces but 6-7 of those would be taken up by employees. Citizens would have to walk in front of the ambulances to vote. However, they do that right now on a regular basis to pay their EMS bills and we have not had any problems. ^- It would be tight around here for us to do it but I just wanted to let you know I am willing to do it. Fire Chief Mike Boaze/Assistant Fire Chief John Dunham - Chief Boaze and I have concerns about parking, and the safety of the voters and their families. Station 2 is probably our busiest station. As for Page 2 EMS, they are very busy and also have limited parking. Of the city facilities on the west side, the Brookglen Activity Center Comes to mind. Due to the concerns outlined above and those noted in June, 2007 Memo, I offer the following options: Option I - Keep polling locations the same for the General Election and conduct run-off elections at City Hall. Option II - Use City Hall for General and Run-Off Elections for polling locations 4 and 5 and use EMS for polling locations 1,2,3 and 6. Option 111- Do not make any changes to polling locations and ensure the School District will allow us to use them without any construction problems during run-off elections. If they school will be under construction, ensure they can provide us an adequate spot and parking for elections. Option IV - Use City Hall as the only polling locations for the General and Run-Off elections in the same manner as we do for early voting. Option V - Use City Hall for General and Run-Off elections for districts 4 and 5 and use the Brookglen Activity Center for districts 1,2,3 and 6. Staff recommends Option IV since it works so well during early voting and would eliminate any confusion on where a voter needs to vote for City Elections. In addition, we have control of the building, air conditioning, construction, etc. A decision needs to be made on this as soon as possible, in order to seek Justice Department approval should we change polling locations. I have also attached the material I provided to you in June, 2007 for your review. Thanks for your consideration in this matter. /mg UJ ::) - c ~ g ~ z o - ~ ~ UJ UJ :IE w -, <1z t 1;.. .. .. .. .. .. .. - .. .. .. .. .. .. . . ~ . . . . ~ << ~ . ~ . .. . . II . : ,~ . . . . . . . . . . . r~..h / _...2_ ..#. - *' .......- en ~ - c ~ - o o ~ . N =It Z o ~ ..,.-; UJ W ~ - LL - -- B ,- ,.- REQUEST FOR CITY COUNCIL AGENDA ITEM Requested By: 10/22107 Qs,W1#f- D. Wilmore Budeet Agenda Date Requested: Source of Funds: Department: Plannin2 ~artment Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Exhibits: Bldg. Codes Appeal Bel. Recommendation Memo Amount Requested: Exhibits: Code Comments/Amendment Explanations Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION At the direction of the Building Codes Appeals Board staff reviewed the 2006 Code Editions (Residential Code, Building Code, Plumbing Code, Fuel Gas Code, Energy Conservation Code and Mechanical Code) and current local amendments applicable to those codes. New code books and staff's report were provided to the Board for their consideration. At their August 15, 2007 meeting, the Board voted to recommend adoption of the 2006 Code Editions with local amendments as noted in the report. Attached is the Board recommendation memo and Code Comments! Amendment Explanation report. The memo recommends the usual 60-day implementation period to allow mail notification to contractors and update of handouts. - Action Required bv Council: orkshop to consider the Board recommendation on code adoption and provide staff with direction on adoption and lementation of the 2006 Code Editions it> Memo To: Honorable Mayor and City Council -rLB From: Terry Bunch, Vice-Chairman of the Building Codes Appeal Board CC: Building Codes Appeals Board Members; Debbie S. Wilmore, Chief Building Official; Wayne Sabo, Director of Planning; John E. Joems, Interim City Manager Date: 10/11/2007 Re: Local Amendment to the Building Codes At the Board's direction, staff reviewed copies of the 2006 Code Editions. Upon completion, typed comments on the six (6) codes books were provided to the Board for our review. c,.- During the August 15,2007 meeting, the Board discussed staffs typed amendments as well as the new Residential Code requirement (R301.2.1.2 - Protection of Openings in Windbome Debris Regions) that would be applicable to our city. Builders of new residential structures would be required to provide pre-cut, wood structural panels and attachment hardware for all openings on new homes. After some discussion, we recognize some development show "future garage" and in these cases, storage of these panels ("theft concerns" during construction and full- time storage after the home is complete) would present a challenge. At this time, the Board feels this requirement should not be implemented. Therefore, the Board has directed staff to delete this section of the code and incorporate it into the proposed code amendments forwarded to City Council. The Board recommends Council support the adoption of the 2006 Edition of the construction codes with local amendments as outlined in this documentation and direct staff to prepare an ordinance with a 60-day implementation period. This delay would allow mail notification to the various contractors and allow the update of plan review and development handouts for the public. Thank you. CODE COMMENTS/ AMENDMENT EXPLANATIONS 2006 CODE EDITIONS NOTE: Changes noted in this document reference existing or needed changes to the City's Code of Ordinances as they relate to adoption, use and enforcement of construction codes. All existing Code of Ordinance amendments are noted as "No Change" and are not bolded. Bolded sections represent proposed amendments. INTERNATIONAL RESIDENTIAL CODE (lRC). (2006 Edition) No Change: Section RIO!. 1 Title. These provisions shall be known as the Residential Code for One- and Two-Family Dwellings of the City of La Porte, and shall be cited as such and will be referred to herein as "this code". Delete Amendment: Not applicable, exception was deleted in this code edition. Section RIOl.2 Scope. ExceDtion is deleted. (previous deletion was applicable because Int'l. Existing Building Code was not adopted No Change: Section RI 03.1 Creation of Enforcement Agency. The Inspection Services Division, of the City's Planning Department, shall enforce the building and construction codes of the city. The Chief Building Official shall be known as the code official. No Change: Section RI 05.2 Work Exempt from Permit. Deletion of Building Permit Exemptions # 1 (accessory structures), #2 (fences), #3 (retaining walls) and #5 (sidewalks/driveways). (permits ensure proper placement as per zoning regulations and ensures use of mesh/re- bar in concrete.) No Change: Section RII2 Board of Appeals. Deletion of entire section (Sections RII2.I thru RII2.4) (City has separate ordinance creating a Building Codes Appeal Board) New Amendment: Code definition limited size to 3,000 sq. ft. which conflicts with allowable size (5,000 sq. ft.) for Large Lot District accessory buildings. Section R202 Definitions. Accessory Structure/Building means a detached, subordinate structure/building, the use of which is clearly incidental and related to that of the principal structurelbuilding or use of the land, and which is located on the same lots as that of the principal structure/building or use. Code Comments Amendment Explanations 2006 Codes Page 2 of6 Change Existing Amendment: Table R301.2(1) Oimatic and Geographic Design Criteria. Establishment of criteria in accordance with table shown. Subject to Damage From: Ground Wind Seismic Frost Winter Ice Barrier Air Mean Snow Speed Design Line Design Underlayment Flood Freezing Annual Load (mph) Category Weathering Depth Termite Temp Required Hazards Index Temp 4-9-87 11-6-96 ( 12C A N 1" VH 32" No 6-18-07 0-1000 6T Delete Amendment: Section no longer conflicts with City's flood regulations. Section R309.5 Flood Hazard Areas. Deleted. Delete Amendment: Section no longer conflicts with City's flood regulations. Section R323 Flood-Resistant Construction. Deletion of entire section (Sections R323.1 thru R323.3.6). New Amendment: Prohibition based on fire safety reasons. Section R902.2 Fire-Retardant-Treated Shingles and Shakes. Deleted No Change: Section R905. 7 Wood Shingles. The use of wood shingles is prohibited. All sections and tables (Sections R905.7.1 thru R905.7.7) are deleted. (prohibition based on fire safety reasons) No Change: Section R905.8 Wood Shakes. The use of wood shakes is prohibited. All sections and tables (Sections R905.8.1 thru R905.8.9) are deleted. (prohibition based on fire safety reasons) No Change: Part VITI, Electrical Chapters 33 - 42 (E3301 thru E4204) are deleted in their entirety. (Deletion in accordance with Governor's directive, National Electrical Code [NEC) is the state electrical code) Delete Amendment: Code S. RI02.5 states appendices shall not apply unless specifically referenced in adoption ordinance. Appendix E Manufactured Housing Used as Dwellings. Appendix E (Sections AEIOl thru AE606) is deleted in its entirety. - Code Comments Amendment Explanations 2006 Codes Page 3 of6 Delete Amendment: Code S. R102.5 states appendices shall not apply unless specifically referenced in adoption ordinance. Appendix F Radon Control Methods. Appendix F (Sections AF 101 thru AFI03) is deleted in its entirety. INTERNATIONAL BUILDING CODE (lBC)~ (2006 Edition) No Change: Section 101.1 Title. These regulations shall be known as the Building Code of the City of La Porte, hereinafter referred to as "this code". New Amendment: Identify NEC as city electrical code. Section 101.4.1 Electrical. The provisions of the National Electrical Code along with local electrical amendments shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. New Amendment: Deleting reference to International Property Maintenance Code. Section 101.4.5 Property Maintenance. Delete. -- (Housing Division would be needed to enforce this code) No Change: Section 103.1 Creation of Enforcement Agency. The Inspection Services Division, of the City's Planning Department, shall enforce the building and construction codes of the city. The Chief Building Official shall be known as the code official. New Amendment: Method not compatible with Permit Program or permit fee schedule. Section 105.1.1 Annual Permit. Delete. New Amendment: Method not compatible with Permit Program or permit fee schedule. Section 105.1.2 Annual Permit Records. Delete. Change Existing Amendment: To include a permit requirement on water tanks. Section 105.2 Work Exempt from Permit. Deletion of Building Permit Exemptions # 1 (accessory structures), #2 (fences), #4 (retaining walls), #5 (water tanks) and #6 (sidewalks/driveways). (permits to ensure compliance with fire code, zoning regulations [placement, height) and confirm re-enforcement in concrete.) No Change: Section 112 Board of Appeals. Deletion of entire section (Sections 112.1 thru 112.3). (City has separate ordinance creating a Building Codes Appeal Board) - Code Comments Amendment Explanations 2006 Codes Page 4 0[6 No Change: Chapter 11 Accessibility. Chapter (Sections 1101 thru 1110) is deleted in its entirety. (Reduce/avoid conflicts with state and/or federal accessibility regulations. We require a copy of the state's registration document for our project file.) No Change: Section 1507.8 Wood Shingles. The use of wood shingles is prohibited. All sections and tables (Sections 1507.8.1 thru 1507.8.7) are deleted. (prohibition based on fire safety reasons) Change Existing Amendment: To delete "R" reference on Sect. 1507.9.8 in Code of Ordinances. Section 1507.9 Wood Shakes. The use of wood shakes is prohibited. All sections and tables (Section 1507.9.1 thru 1507.9.8) are deleted. (prohibition based on fire safety reasons) No Change: Chapter 27 Electrical. Chapter (Sections 2701 thru 2702) is deleted in its entirety. (Deletion in accordance with Governor's directive, National Electrical Code [NEC] is the state electrical code) - Delete Amendment: Chapter no longer conflicts with state regulations. Chapter 30 Elevators and Conveying Systems. Chapter (Sections 3001 thru 3006) is deleted in its entirety. INTERNATIONAL PLuMBING CODE (lPC)~ (2006 Edition) No Change: Section 101.1 Title. These regulations shall be known as the International Plumbing Code of the City of La Porte, hereinafter referred to as "this code". No Change: Section 103.1 General. The Inspection Services Division, of the City's Planning Department, shall enforce the plumbing code(s) of the city. The Chief Building Official shall be known as the code official. No Change: Section 106.6.3 Fee Refunds, No.2 (permit Fee) - Not more than fifty percent (50%) of the permit fee paid when no work has been done under a permit issued in accordance with this code. Section 106.6.3 Fee Refunds, No.3 (plan Review) is deleted. Code Comments Amendment Explanations 2006 Codes Page 5 of6 No Change: Section 109 Means of Appeal. Deletion of entire section (Sections 109.1 thru 109.7). New Amendment: City has separate permit fee schedule. Appendix A Plumbing Permit Fee Schedule. Deleted. INTERNATIONAL FUEL GAS CODE lIFGC). (2006 Edition) No Change: Section 101.1 Title. These regulations shall be known as the Fuel Gas Code of the City of La Porte, hereinafter referred to as "this code". No Change: Section 103.1 General. The City's Inspection Services Division shall serve as the Department oflnspection. The Chief Building Official thereof shall be known shall be known as the code official. New Amendment: Insert percentage and delete non-applicable fee referenced. Section 106.5.3 Fee Refunds, No.2 (permit Fee) - Not more than fifty percent (50%) of the permit fee paid when no work has been done under a permit issued in accordance with this code. Section 106.5.3 Fee Refunds, No.3 (plan Review) is deleted. No Change: Sectiotll09 Means of Appeal. Deletion of entire section (Sections 109.1 thru 109.7). INTERNATIONAL ENERGY CONSERVATION CODE (IECC). (2006 Edition) Change Existing Amendment: To correct language from "shown" to "shall" in Code of Ordinances. Section 101.1 Title. This code shall be known as the International Energy Conservation Code of the City of La Porte, and shall be cited as such. It is referred to herein as "this code". No Change: Section 104.3 Certification. PlanlPermit submittals to the City shall include all necessary energy certification documents. Certification documents shall be completed by an approved agency or individual. Code Comments Amendment Explanations 2006 Codes Page 6 of6 No Change: Section 105.1 General. Construction or work for which a permit is required shall be subject to all required inspections. Inspections shall be performed by a certified and/or licensed party (i.e. 3rd Party). No Change: Sections 105.2 thru 105.4. - Sections are deleted in their entirety. INTERNATIONAL MECHANICAL CODE (lMC)~ (2006 Edition) No Change: Section 101.1 Title. These regulations shall be known as the Mechanical Code of the City of La Porte, hereinafter referred to as "this code". No Change: Section 103.1 General. The City's Inspection Services Division shall serve as the Department of Inspection. The Chief Building Official thereof shall be known as the code official. Delete Amendment: For consistency between code books. Section 103.2 Appointment. Section is deleted in its entirety. No Change: Section 106.5.3 Fee Refunds, No.2 (permit Fee) - Not more than fifty percent (50%) of the permit fee paid when no work has been done under a permit issued in accordance with this code. Section 106.5.3 Fee Refunds, NO.3 (plan Review) is deleted. No Change: Section 109 Means of Appeal. Deletion of entire section (Sections 109.1 thru 109.7). S:\City Planning Share\04-INSPECTIONS DIVISION\Inspections\Code Comments Amendment Explanations for 2006 Codes. doc -- c ,- REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Bude:et Requested By: Source of Funds: Department: City COUlldl Account Number: Report: Resolution: Ordinance: xx Amount Budgeted: Exhibits: Cover Letter Amount Requested: Exhibits: Proposed Ordinance (2 drafts) Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION Workshop the Regulation of Sex Offender Residency Ordinance # 2006 - 2901. There have been a number of Court Rulings that affect the definitions of places that children gather that the Council should be made aware of. There are some additional changes that need to be considered and addressed regarding this ordinance that will address specific issues and provide for fair and consistent enforcement of the ordinance. ,- There is a change in the age effected by the ordinance from child victims of less that 16 years of age to less than 17 years of age. There is an additional affirmative defense added that applies to orders from the District Court and Board of Pardons and Paroles. The items requiring direction from council direction regard the notification requirements by realtors or rental or lease agencies, and requirement regarding licensing status of Day Care Centers. Two draft ordinances are provided for consideration. ,,- - La Porte Police Department 3001 N. 23rd Street La Porte, Texas 77571 281-471-3810 Fax: 281-470-1590 10/15/2007 Subject: Ron Bottoms, City Manager ~ City Council Richard E. Relf, Police Chief d Workshop on Regulation of Sex Offender Residency Ordinance To: From: Since the adoption of City Ordinance 2006 - 2901 Regulation of Sex Offender Residency, there have been a number of Court Decisions that affect the application of the ordinance. This workshop will for the purpose of explaining these changes as they effect the enforcement of this Ordinance. The courts in their rulings have clearly defined their requirements under the Health and Safety Code of the State of Texas Chapter 481.134, the definitions of the areas protected or in our ordinance enforced. Playground- to qualify as a playground to be enforceable the playground must have three _ pieces of playground equipment and these must be of a different type. It is not quantity but three types of playground equipment such as a swing, monkey bars, and merry go round. Video Arcade- as with the playground equipment to be enforceable the facility must have three separate types of games that children may play, such as Pacman, Centerpede, and Space Invaders. Again, like the playground it is not the quantity of video games but three types of games. Public Swimming Pool- Court ruling has established that public swimming pools are community pools and that private pools or Home Owner Association Pools are not enforceable as they are not considered public pools by the courts. Day Care Centers- The defmition that is now enforceable regarding and applied to Day Care Centers are those that are licensed by the Texas Department of Family and Protective Services only. The defmitions as enforceable under the Health and Safety Code Chapter 481.134 does not in of itself require a change of our existing ordinance definitions merely our enforcement of the ordinance. The Day Care Center definition does however require us to be very careful in determining which Day Care Centers are licensed on a particular day. Unfortunately, the information is not quickly updated on the website to be dependable when determining where a person may live. We have run into this particular problem in the past and would like to propose a change in the current ordinance to address this issue. - Another problem that has developed is that when a person moves into the City that person may not know of the ordinance regulating where he may live. In the original ordinance we presented a section that provided a penalty to a realtor, or landlord that sold, rented, or leased property to Ron Bottoms City ."'tanager Richard E. RejJ Chief of Police Aaron Corrales Assistant Chief q[ Police .- the sex offender within the child safety area. The Council at the time elected not to include this particular section in the ordinance when it was adopted. Consequently, we have had incidences where a Sex Offender has made down payments on a house only to learn, when he/she came to the Police to register, that they were in a child safety zone and could not reside there by the Ordinance. We have worked with Clark Askins to develop two (2) draft ordinances for the Council to consider that address the two issues above. In both of these drafts we have made some particular changes and additions that will be required. We have changed the age reference from less than 16 years of age to less than 17 years of age. This will bring us into compliance with the Texas Penal Code definition of a Child being less than 17 years of age. We have seen cases involving the victims being 16 years of age, but the age limitation allowed that offender to reside within the child safety zone. The other change that we have made is in the section 42-105 Affirmative Defenses by adding an affirmative defense that the person was under order by the District Court or Texas Department of Criminal Justice Parole Board to reside at a specific address. We have already encountered this particular circumstance. - ORDINANCE NO.2006 - 2901 -A DRAr:r 1 AN ORDINANCE AMENDING CHAPTER 42 "MISCELLANEOUS OFFENSES" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY ADDING ARTICLE V "REGULATION OF SEX OFFENDER RESIDENCY", MAKING IT UNLAWFUL FOR CERTAIN SEX OFFENDERS TO RESIDE WITHIN 1000 FEET OF PREMISES WHERE CHILDREN GATHER; PROVIDING FINDINGS OF FACT AND OTHER MATTERS RELATED THERETO; PROVIDING AFFIRMATIVE DEFENSES; PROVIDING FOR A PENALTY; PROVIDING A SEVERABLITY CLAUSE; CONTAINING AN OPEN MEETINGS CLAUSE; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF; WHEREAS, the City of La Porte, Texas (herein, the "City"), being a home-rule city having authority to utilize police power regulation for the health, safety and general welfare of the citizens of the City; and, WHEREAS, the City Council is deeply concerned about the numerous and recent occurrences in our state and elsewhere, whereby sex offenders convicted of sexual offenses involving children, who have been released from custody and repeat the unlawful acts for which they had been originally convicted; and, WHEREAS, the City Council finds from the evidence the recidivism rate for released sex offenders alarmingly high, especially for those who commit their crimes against children; and, WHEREAS, the City is becoming an increasingly attractive place for families with young children; and, WHEREAS, the City Council finds that establishing a policy to restrict the property available for residence of sex offenders will provide better protection for children gathering in the City; and WHEREAS, Article 42.12(13B) of the Texas Procedure, provides a 1,000 foot safety zone condi tion of probation for those convicted offenses; and Code of Criminal for children, as a of certain sexual WHEREAS, the laws of the State of Texas, including those found in Chapter 51 of the Texas Local Government Code, and the City Charter provide the City authority to adopt ordinances for the good government, peace, order, and welfare of the municipality; NOW THEREFORE, - BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact. Section 2. That the Code of Ordinances of the City of La Porte, Texas is hereby amended by adding Article V, "Regulation of Sex Offender Residency", to Chapter 42 "Miscellaneous Offenses" of the Code of Ordinances, which said Article shall read as follows: "Article V, REGULATION OF SEX OFFENDER RESIDENCY Sec. 42-102. Finding and Intent. - The City Council finds that repeat sex offenders, sex offenders that use physical violence and sex offenders who are convicted of preying on children are sexual predators who present an extreme threat to the health, safety, and welfare of children. Sex offenders are likely to use physical violence, to repeat an offense, have many more victims than are ever reported, are prosecuted for only a fraction of their actual sexual offenses, and children not only lack the ability to protect themselves but additional measures should be taken to keep known sex offenders from having access to children in areas where children generally feel safe. It is the intent of this ordinance to serve the city's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the City by creating areas around locations where children regularly congregate in concentrated numbers wherein certain registered sex offenders and sexual predators are prohibited from establishing temporary or permanent residency. Sec. 42-103. Definitions. The following section, shall section, except meaning; words, terms, and phrases, when used in this have the meanings ascribed to them in this where the context clearly indicates a different Permanent residence means a place where the person abides, lodges or resides for fourteen (14) or more consecutive days. - Temporary residence means a place where the person abides, lodges or resides for a period of fourteen (14) or more days in the aggregate during any calendar year and which is not the person's permanent address, or a place where the person routinely abides, resides or lodges for a period of 4 or more consecutive or nonconsecutive days in any month and which is not the person's permanent residence. Sec. 42-104. Exceptions. Sex Offender Residency Prohibition; Penalty; and -- (a) If a person is required to register on the Department of Public Safety's Sex Offender Database because of a violation involving a victim who was less than sixteen (16) years of age, it is unlawful for that person to establish a permanent residence or temporary residence within 1000 feet of any premises where children commonly gather, including a playground, school, video arcade facility, public or pri vate youth center, or public swimming pool, as those terms are defined in Section 481.134 of the Texas Health and Safety Code, or a child care facility, as that term is defined in Section 42.002 of the Texas Human Resources Code. It shall be prima facie evidence that this Article applies to such a person if the person's record appears on the Database and the Database indicates that the victim was less than 8ixtccn (16) seventeen (17) years of age. (b) For the purpose of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent or temporary residence to the nearest property line of the premises where children commonly gather, as described herein, or in the case of multiple residences on one property, measuring from the nearest wall of the building or structure occupied or the parking/driveway, whichever is closer to the nearest property line of the premises where children commonly gather, as described herein. A map generally depicting the prohibited areas is attached to this ordinance for representation purposes. The City shall review the map at least annually for changes, and it will be available at the La Porte Police Department. - ( c) part It is unlawful to let or rent any place, structure or thereof, manufactured home/trailer, or other - conveyance, with the knowledge that it will be used as a permanent residence or temporary residence by any person prohibited from establishing such permanent residence or temporary residence pursuant to the terms of this section, if such place, structure or part thereof, manufactured home, trailer, or other conveyance is located within 1000 feet of any premises where children commonly gather, including a playground, school, video arcade facility, public or private youth center, or public swimming pool, as those terms are defined in Section 481..134 of . the Texas Health and Safety Code, or a child care facility, as that term is defined in Section 42.002 of the Texas Human Resources Code. (d) It shall be the duty of the operator of each child care facility, as that term is defined in Texas Human Resources Code Section 42.002, to immediately notify the City of La Porte at such time as the child care facility should lose, surrender, or otherwise no longer retain a license from the Texas Department of Family and Protective Services to operate within the City of La Porte. Notice shall be provided to the Office of the City Secretary of the City of La Porte at 604 West Fairmont Par.kway, La Porte Texas 77571, by written letter transmitted through regular mail. (e) Nothing in this ordinance shall be interpreted to modify or reduce the State's child safety zone ban. (f) Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined in this Article. Sec. 42-105. Affirmative Defenses. It is an affirmative defense to prosecution under this Article that any of the following conditions apply: 1) The person who established the permanent or temporary residence has complied with all the sex offender registration laws of the State of Texas, prior to the date of the adoption of this ordinance. 2) The person was a minor when he/she committed the offense and was not convicted as an adult. 3) The person is a minor. 4) The premises where children commonly gather, as specified herein, wi thin 1000 feet of the person's permanent or temporary residence was opened after the person established the permanent or temporary residence and complied with all sex offender registration laws of the State of Texas. 5) The person proves that the information on the Database is incorrect and that, if corrected, this Article would not apply to the person. 6) The person is under an order of a court of competent jurisdiction in the State of Texas or of the Texas Department of Criminal Justice Parole Board instructing the person to reside at a location within 1000 feet of any premises where children commonly gather. Sec. 42-106. Penalty for violation of this Article. Any Person, as the term "Person" is defined in the Texas Penal Code, who violates this Article and upon conviction in the municipal court of this city, shall be guilty of a misdemeanor and subject to a fine for each offense in an amount established by the city and listed in Appendix B of this Code, but in no event shall such fine exceed $500." - Section 3. Open Meetings. 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 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. Section 4. Severabili ty. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconsti tutionali ty, illegali ty, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. ^'~ Section 5. Effective Date. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City ~- Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the newspaper of the City of La Porte at least twice within days after the passage of this ordinance, in accordance provisions of Chapter 52, Texas Local Government Code, City of La Porte Charter. PASSED AND APPROVED on the first reading on the 2007. By: official ten (10) with the and the day of Alton E. Porter Mayor ATTEST: Martha A. Gillett City Secretary APPROVED: Clark T. Askins Assistant City Attorney ,- ORDINANCE NO.2006 - 2901 -A IJRAR? 2 AN ORDINANCE AMENDING CHAPTER 42 "MISCELLANEOUS OFFENSES" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY ADDING ARTICLE V "REGULATION OF SEX OFFENDER RESIDENCY", MAKING IT UNLAWFUL FOR CERTAIN SEX OFFENDERS TO RESIDE WITHIN 1000 FEET OF PREMISES WHERE CHILDREN GATHER; PROVIDING FINDINGS OF FACT AND OTHER MATTERS RELATED THERETO; PROVIDING AFFIRMATIVE DEFENSES; PROVIDING FOR A PENALTY; PROVIDING A SEVERABLITY CLAUSE; CONTAINING AN OPEN MEETINGS CLAUSE; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF; WHEREAS, the City of La Porte, Texas (herein, the "City"), being a home-rule city having authority to utilize police power regulation for the health, safety and general welfare of the citizens of the City; and, WHEREAS, the City Council is deeply concerned about the numerous and recent occurrences in our state and elsewhere, whereby sex offenders convicted of sexual offenses involving children, who have been released from custody and repeat the unlawful acts for which they had been originally convicted; and, WHEREAS, the City Council finds from the evidence the recidivism rate for released sex offenders alarmingly high, especially for those who commit their crimes against children; and, WHEREAS, the City is becoming an increasingly attractive place for families with young children; and, WHEREAS, the City Council finds that establishing a policy to restrict the property available for residence of sex offenders will provide better protection for children gathering in the City; and WHEREAS, Article 42.12(13B) of the Texas Procedure, provides a 1,000 foot safety zone condi tion of probation for those convicted offenses; and Code of Criminal for children, as a of certain sexual WHEREAS, the laws of the State of Texas, including those found in Chapter 51 of the Texas Local Government Code, and the City Charter provide the City authority to adopt ordinances for the good government, peace, order, and welfare of the municipality; - NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the city Council and made a part hereof for all purposes as findings of fact. Section 2. That the Code of Ordinances of the City of La Porte, Texas is hereby amended by adding Article V, "Regulation of Sex Offender Residency", to Chapter 42 "Miscellaneous Offenses" of the Code of Ordinances, which said Article shall read as follows: "Article V, REGULATION OF SEX OFFENDER RESIDENCY Sec. 42-102. Finding and Intent. - The City Council finds that repeat sex offenders, sex offenders that use physical violence and sex offenders who are convicted of preying on children are sexual predators who present an extreme threat to the health, safety, and welfare of children. Sex offenders are likely to use physical violence, to repeat an offense, have many more victims than are ever reported, are prosecuted for only a fraction of their actual sexual offenses, and children not only lack the ability to protect themselves but additional measures should be taken to keep known sex offenders from having access to children in areas where children generally feel safe. It is the intent of this ordinance to serve the city's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the City by creating areas around locations where children regularly congregate in concentrated numbers wherein certain registered sex offenders and sexual predators are prohibited from establishing temporary or permanent residency. Sec. 42-103. Definitions. The following section, shall section, except meaning; words, terms, and phrases, when used in this have the meanings ascribed to them in this where the context clearly indicates a different - Permanent residence means a place where the person abides, lodges or resides for fourteen (14) or more consecutive days. - Temporary residence means a place where the person abides, lodges or resides for a period of fourteen (14) or more days in the aggregate during any calendar year and which is not the person's permanent address, or a place where the person routinely abides, resides or lodges for a period of 4 or more consecutive or nonconsecutive days in any month and which is not the person's permanent residence. Sec. 42-104. Exceptions. Sex Offender Residency Prohibi. tion; Penalty; and - (a) If a person is required to register on the Department of Public Safety's Sex Offender Database because of a violation involving a victim who was less than sixteen (16) years of age, it is unlawful for that person to establish a permanent residence or temporary residence within 1000 feet of any premises where children commonly gather, including a playground, school, video arcade facility, public or private youth center, or public swimming pool, as those terms are defined in Section 481.134 of the Texas Health and Safety Code, or a child care facility, as that term is defined in Section 42.002 of the Texas Human Resources Code. It shall be prima facie evidence that this Article applies to such a person if the person's record appears on the Database and the Database indicates that the victim was less than :JiJetccn (16) seventeen (17) years of age. (b) For the purpose of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent or temporary residence to the nearest property line of the premises where children commonly gather, as described herein, or in the case of multiple residences on one property, measuring from the nearest wall of the building or structure occupied or the parking/driveway, whichever is closer to the nearest property line of the premises where children commonly gather, as described herein. A map generally depicting the prohibited areas is attached to this ordinance for representation purposes. The City shall review the map at least annually for changes, and it will be available at the La Porte Police Department. (c) Nothing in this ordinance shall be interpreted to modify or reduce the State's child safety zone ban. (d) Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined in this Article. Sec. 42-105. Affirmative Defenses. It is an affirmative defense to prosecution under this Article that any of the following conditions apply: - 1 ) The person who established the permanent or temporary residence has complied with all the sex offender registration laws of the State of Texas, prior to the date of the adoption of this ordinance. The person was a minor when he/she committed the offense and was not convicted as an adult. The person is a minor. The premises where children commonly gather, as specified herein, within 1000 feet of the person's permanent or temporary residence was opened after the person established the permanent or temporary residence and complied with all sex offender registration laws of the State of Texas. The person proves that the information on the Database is incorrect and that, if corrected, this Article would not apply to the person. The person is under an order of a court of competent jurisdiction in the State of Texas or of the Texas Department of Criminal Justice Parole Board instructing the person to reside at a location within 1000 feet of any premises where children commonly gather. 2) 3) 4 ) 5) 6) Sec. 42-106. Penalty for violation of this Article. Any Person, as the term "Person" is defined in the Texas Penal Code, who violates this Article and upon conviction in the municipal court of this city, shall be guilty of a misdemeanor and subject to a fine for each offense in an amount established by the city and listed in Appendix B of this Code, but in no event shall such fine exceed $500." Section 3. The City of La Porte hereby establishes that it is the duty of each individual, company, real estate agent,broker, vendor or dealer selling a home or other dwelling, or individual or entity renting or leasing an apartment, home, or other dwelling, when the property that is the subj ect of the sale or lease is located within the corporate limits of the City of La Porte, to notify a prospective purchaser or renter of this -- ordinance by providing a written copy of this ordinance to the purchaser or renter. secti.on 4. The City of La Porte hereby establishes that it is the duty of the operator of each child care facility, as that term is defined in Texas Human Resources Code Section 42.002, to immediately notify the City of La porte at such time as the child care facility should lose, surrender, or otherwise no longer retain a license from the Texas Department of Family and Protective Services to operate within the City of La Porte. Notice shall be provided to the Office of the City Secretary of the City. of La Porte at 604 West Fairmont Parkway, La Porte Texas 77571, by written letter transmitted through regular mail. Section 5. Open Meetings. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 6. Severability. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconsti tutionali ty, illegali ty, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 7. Effective Date. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least twice within ten (10) days after the passage of this ordinance, in accordance with the provisions of Chapter 52, Texas Local Government Code, and the City of La Porte Charter. -- PASSED AND APPROVED on the first reading on the 2007. da y 0 f By: Alton E. Porter Mayor ATTEST: Martha A. Gillett City Secretary APPROVED: ,- Clark T. Askins Assistant City Attorney --