HomeMy WebLinkAbout2008-04-28 Regular Meeting and Workshop of La Porte City Council minutes
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MINUTES OF A REGULAR MEETING AND WORKSHOP
OF THE LA PORTE CITY COUNCIL
April 28, 2008
1. CALL TO ORDER
The meeting was called to order by Mayor Porter at 6:05 p.m.
Members of City Council Present: Mayor Porter, Mayor Pro-Tem Rigby, Council members
Tommy Moser, Mike Clausen, Mike Mosteit, Barry Beasley, Chuck Engelken, Howard
Ebow and Georgia Malone
Members of Council Absent: None.
Members of City Executive Staff and City Employees Present: Assistant City Attorney
Clark Askins, City Manager Ron Bottoms, Finance Director Michael Dolby, City Secretary
Martha Gillett, Chief of Police Richard Reff, Assistant Police Chief Ron Parker, Equipment
Services Superintendent Lee Allen, GIS Manager Brian Sterling, Building Official Debra
Wilmore, Parks and Recreation Director Stephen Barr, Judge Denise Mitrano, Human
Resources Manager Heather Wedger, Planning Director Tim Tietjens, Human Resources
Representative Nicole Hatter, Public Works Secretary Sarah Lindeen, Director of Public
Works Steve Gillett, City Engineer Rodney Slaten, Public Works employee Dennis Muska,
Economic Development Coordinator Gretchen Larson, Dispatcher Wanda Richards, EMS
staff Alice Keener and a number of other employees and volunteers.
Others present: Adam Yanelli of the Bayshore Sun, John Black, Leonard Zlomke, Phillip
Hoot, Mr. and Mrs. Isabel Salinas, Mrs. Muska, Mark Follis, Alton Ogdon, Gus Breedon,
Mrs. Clark, David Janda, Ann Malone, Maribel Munoz, Grace Mealchan and a number of
citizens.
2. Reverend Charles Monette of St. Mark's United Methodist Church led the invocation.
3. Mayor Porter led the Pledge of Allegiance.
4. PRESENT A TIONSI PROCLAMATIONS
A. Mayor Porter presented a proclamation for Kaneka Texas Corporation "Kares" Day
B. Mayor Porter presented a proclamation for "Building Safety Week- 2008".
C. Mayor Porter presented a proclamation for "Public Service Recognition Week".
D. Mayor Porter recognized the retirement of Isabel Salinas, and thanked him for his
many years of service to the City.
E. Mayor Porter read the Fitness Challenge Report and introduced the winning team
members.
4/28/08 City Council Minutes Page 2
5. CONSENT AGENDA
A. Consider approving Minutes of the Regular Meeting of the La Porte City Council
held on April 14, 2008 and Special Called Council Retreat Minutes of the La Porte
City council held on April 19, 2008.
B. Council to consider approval or other action regarding an ordinance authorizing
the City Manager to sign grant and other documents for "Click It or Ticket"
campaign (Res. 2008-05) - R. Reff
Chief Reff presented summary and recommendations and answered Council's questions.
Motion was made bv Councilmember Riqbv to approve the consent aqenda
as presented. Second by Councilmember Ebow. The motion carried.
Ayes: Mayor Porter, Mayor Pro-Tem Rigby, Mosteit, Moser, Clausen, Beasley,
Engelken, Ebow and Malone ( Malone on item B only)
Nays: None
Abstain: Georgia Malone abstained from item A.
Absent: None
6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX
PAYERS WISHING TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE
AGENDA.
There were no citizens wishing to address Council.
7. Consider approval or other action approving and authorizing the City Manager
Ron Bottoms to authorize a contract with Harris County Community Services Department
for an award in the amount of $466,900.00 from Harris County Community Services
Department for funding the City's Home Investment Partnership (HOME) Program;
appropriating a sum of up to $34,182 in City matching funds. (Ord. 3073) - T. Tietjens
Planning Director Tim Tietjens presented summary and recommendation and answered
Council's questions.
Assistant City Attorney Clark Askins read: Ordinance 3073, AN ORDINANCE
APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE
AND HARRIS COUNTY COMMUNITY SERVICES DEPARTMENT FOR AN AWARD IN
THE AMOUNT OF $466,900.00 FROM HARRIS COUNTY COMMUNITY SERVICES
DEPARTMENT FOR FUNDING THE CITY OF LA PORTE'S HOME INVESTMENT
PARTNERSHIP (HOME) PROGRAM; APPROPRIATING A SUM OF UP TO $34,182.00
IN CITY MATCHING FUNDS TO FURTHER THE CITY'S GOAL OF PROVIDING
AFFORDABLE HOUSING; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING
4/28/City Council Minutes Page 3
TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Moser to approve Ordinance 3073 as presented by
Mr. Tietiens . Seconded by Councilmember Mosteit The motion carried.
Ayes: Mayor Porter, Mayor Pro-Tem Rigby, Mosteit, Moser, Clausen, Engelken, Beasley,
Ebow and Malone
Abstain: None
Absent: None
8. Consider approval or other action regarding an ordinance approving a contract between
the City of La Porte (Seller) and Magdelene Sandoval (Buyer) for the sale of a home
located at 210 N. 6th Street, also described as lots 9-11, block 66, La Porte, TX 77571 as
part of the Home Investment Partnership (HOME) Grant Program for the City of La Porte,
Texas (Ord. 3074) - T. Tietjens
Planning Director Tim Tietjens presented summary and recommendation and answered
Council's questions.
Assistant City Attorney Clark Askins read: ORDINANCE 3074, AN ORDINANCE
APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE
(SELLER) AND MAGDALENA SANDOVAL (BUYER FOR THE SALE OF A HOME
LOCATED AT 210 N.. 6TH STREET, ALSO DESCRIBED AS LOTS 9-11, BLOCK 66, LA
PORTE, TX 77571, AS PART OF THE HOME INVESTMENT PARTNERSHIP (HOME)
PROGRAM FOR THE CITY OF LA PORTE, TEXAS; MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Moser to approve Ordinance 3074 as presented by
Mr. Tietiens . Seconded by Councilmember Clausen. The motion carried.
Ayes: Mayor Porter, Mayor Pro-Tem Rigby, Mosteit, Moser, Clausen, Engelken, Beasley,
Ebow and Malone
Abstain: None
Absent: None
9. Consider approval or other action regarding proposed Letter of Intent from Isaac Heller,
Two-Eighteen-M-Texas, and Two Zero One-M-Texas for execution of Industrial District
Agreements for properties in the Battleground Industrial District, in lieu of annexation - C.
Askins
Motion was made by Council member Clausen to approve the Letter of Intent for execution
of Industrial District Aqreements for properties in the Battleqround Industrial District. in lieu
of annexation. Second by Council member Engelken. The motion carried.
4/28/08 City Council Minutes Page 4
Ayes: Mayor Porter, Mayor Pro-Tem Rigby, Mosteit, Moser, Clausen, Engelken, Beasley,
Ebow and Malone.
10. Consider approval or other action regarding and Ordinance authorizing and approving the
conveyance of two parcels of land adjacent to Sens Road (Ord. 3075) - R. Bottoms
City Manager Ron Bottoms presented summary and recommendation and answered
Council's questions.
Assistant City Manager Clark Askins read ORDINANCE 3075, AN ORDINANCE
AUTHORIZING AND APPROVING THE CONVEYANCE OF TWO PARCELS OF LAND
ADJACENT TO SENS ROAD, IN THE CITY OF LA PORTE, HARRIS COUNTY, TEXAS,
BEING A 0.1840 ACRE TRACT OF LAND LOCATED IN THE ENOCH BRINSON
SURVEY, ABSTRACT NO. 05, HARRIS COUNTY, TEXAS, AND A 0.0043 ACRE TRACT
OF LAND LOCATED IN THE RICHARD PEARSALL SURVEY, ABSTRACT NO. 625,
HARRIS COUNTY, TEXAS, TO COUNTY OF HARRIS, A BODY CORPORATE AND
POLITIC, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Ebow to approve Ordinance 3075 as presented by
Mr. Bottoms. Seconded by Councilmember Mosteit. The motion carried.
Ayes: Mayor Porter, Mayor Pro-Tem Rigby, Mosteit, Moser, Clausen, Engelken, Beasley,
Ebow and Malone
Abstain: None
Absent: None
11. Receive report from Fiscal Affairs Committee - Chairperson Engelken
12. Mayor Porter Closed Regular Meeting and opened Workshop Meeting at 6:36 p.m.
A. Planning Director Mr. Tietjens discussed the development on 14th Street north of
Kroger.
B. Received report on proposed ordinance relating to Standards of Care for
Recreational Camp Programs and received direction from Council- S. Barr
C. Received update on Capital Improvement Items for Parks & Recreation
Department - S. BarrIS. Gillett
13. Mayor Porter closed Workshop Meeting and reconvened Regular Meeting at 7:15 p.m.
14. City Manager Ron Bottoms provided Administrative Reports for the following:
Mayor and Citizen's Breakfast - May 1, 2008 - 8:00 a.m. - La Porte Fitness Center
4/28/08 City Council Minutes Page 5
National Day of Prayer - May 1,2008 -12:00 p.m. - City Hall
Public Service Week - May 1, 2008 - May 5-11, 2008
Public Service Employee Luncheon - May 6, 2008 - 11 :00 a.m. - 2:00 p.m.
Sea breeze Park
Public Service Employee Picture - May 6, 2008 - 8:00 a.m. - Police Department
Employee Service Award Breakfast - May 7,2008 - 7: 15 a.m. - Sylvan Beach
Pavilion
April 28, 2008 - May 6,2008 - Early Voting
May 11-17, 2008 - Police Memorial Week
May 15, 2008 - Police Memorial Day Ceremony -12:00 P.M. - Police Department
May 8, 2008 - La Porte- Bay Area Heritage Society 3rd Annual Roast
Election Day - May 10, 2008
Drainage and Flooding Committee Meeting - May 12, 2008 5:00 p.m.
Plant Manager's Breakfast - May 20, 2008 - 7:15 a.m. - Sylvan Beach Pavilion
Mr. Bottoms also reported on the Nick Lampson Town Hall meeting held at noon today at
the Police Department Building.
15. Council Comments- Engelken, Mosteit, Clausen, Mayor Pro-Tem Rigby, Moser, Beasley,
Malone, Ebow and Mayor Porter.
16. Executive Session - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW,
CHAPTER 551.071 THROUGH 551.076, 551-087, TEXAS GOVERNMENT CODE
(CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL PROPERTY,
DELBERATION 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)
551.074 (Personnel Matter)
Evaluation of Municipal Court
Judge Denise Mitrano
17. Council retired to Executive Session at 7:32 p.m. and returned to Regular Meeting and
reconvened at 8:29 p.m.
4/28/08 City Council Minutes Page 6
18. Consideration and possible action on items in executive session.
19. There being no further business to come before Council the Regular Meeting and
Workshop was duly adjourned at 8:30 p.m.
Respectfully submitted,
1Jl~~
Martha Gillett, TRMC, CMC
City Secretary
Passed and approved on this 19th day of May 2008.
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Mayor Alton E. Porter
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Mav 19. 2008
Requested By: Mayor Alton Porter
Appropriation
Source of Funds:
Department:
City Council
Account Number:
Report:
Resolution:
Ordinance:X
Amount Budgeted:
Exhibits: Ordinance
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
City Council to approve an ordinance declaring results of the City of La Porte General Election held on May
19, 2008.
enda
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Dat
ORDINANCE NO. 2008-3076
AN ORDINANCE DECLARING THE RESULTS OF THE ELECTION HELD IN THE CITY
OF LA PORTE ON MAY 10, 2008, FOR THE ELECTION OF COUNCILPERSON AT
LARGE, POSITION B7 COUNCILPERSON DISTRICT 17 AND COUNCILPERSON
DISTRICT 67 FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW 7 AND
PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, there was held in the City of La Porte on the 10th
day of May, 2008, an election for the purpose of electing
Councilperson at Large, position B; Councilperson District 1; and
Councilperson District 6; all in accordance with Section 8.10 of
the Home Rule Charter of the City of La Porte; and
WHEREAS, there were cast at said election for the following
listed persons the number of votes opposite their respective names:
COUNCILPERSON-AT-LARGE--POSITION B
Phillip Hoot
Trent Wise
John Black
235
119
391
COUNCILPERSON
DISTRICT 1
Michael N. Mosteit 68
COUNCILPERSON
DISTRICT 6
Mike Clausen
143
as shown in the official election returns heretofore delivered by
the Election Manager and officials to the Mayor and City Council of
the City of La Porte and submitted to the City Council.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF LA PORTE:
Section 1.
That said election was duly called and notice
thereof given in accordance with law; that said election was held
in the manner required by law; that due returns of said election
have been made by the proper officers; that said returns have been
canvassed by the City Council of the City of La Porte; that said
election has resulted in the election of the following named
persons, to-wit:
COUNCILPERSON-AT-LARGE--POSITION B
John Black
COUNCILPERSON -- DISTRICT 1
Michael N. Mosteit
COUNCILPERSON -- DISTRICT 6
Mike Clausen
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 Chapter 551, Texas Government Code; and that this
meeting has been open to the public as required by law at all times
during which this ordinance and the subject matter thereof has been
discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the
contents and posting thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 19th day of May, 2008.
By:
C~Y,?F LA ~E
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Alton E. Porter
Mayor
ATTEST:
l11latM~cIhtI
Martha A. Gillett
City Secretary
AP~zJ ~
Knox W. Askins
City Attorney
2
Cumulative Report - Official
City of La Porte, Texas - General Election May 10, 2008
Page 1 of 1 05/16/200808:58 AM
Total Number of Voters: 748 of 5,994 = 12.48% Precincts Reporting 6 of 6 = 100.00%
I Party II Candidate II Absentee II Early II Election II Total I
City of La Porte - Council member At Large B, Vote For 1
Phillip Hoot 2 28.57% 114 27.08% 119 37.54% 235 31.54%
Trent Wise 2 28.57% 63 14.96% 54 17.03% 119 15.97%
John Black 3 42.86% 244 57.96% 144 45.43% 391 52.48%
Cast Votes: 7100.00% 421 99.53% 317 99.69% 745 99.60%
Over Votes: 0 0.00% 0 0.00% 0 0.00% 0 0.00%
Under Votes: 0 0.00% 2 0.47% 1 0.31% 3 0.40%
City of La Porte - Councilmember District 1, Vote For 1
Michael N. Mosteit 0 0.00% 41 100.00% 27 100.00% 68 100.00%
Cast Votes: 0 0.00% 41 77.36% 27 79.41% 68 78.16%
Over Votes: 0 0.00% 0 0.00% 0 0.00% 0 0.00%
Under Votes: 0 0.00% 12 22.64% 7 20.59% 19 21.84%
Precincts
Counted Percent Ballots Percent
1 100.00% 87 8.71%
City of La Porte - Councilmember District 6, Vote For 1
Mike Clausen 0 0.00% 69 100.00% 74 100.00% 143 100.00%
Cast Votes: 0 0.00% 69 77.53% 74 84.09% 143 80.79%
Over Votes: 0 0.00% 0 0.00% 0 0.00% 0 0.00%
Under Votes: 0 0.00% 20 22.47% 14 15.91 % 34 19.21%
Precincts Voters
Counted Percent Ballots Percent
1 100.00% 177 17.72%
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Canvass Report - Total Voters - Official
City of La Porte, Texas - General Election - May 10,2008
Page 1 of 3
05/16/200808:57 AM
Precincts Reporting 6 of 6 = 100.00%
Total Number of Voters: 748 of 5,994 = 12.48%
City of La Porte - Council member At Large 8
Precinct Early Election Total Registered Percent
Voting Day Ballots Cast Voters Turnout
Ballots Ballots - Ql -"
0
0 !II (,)
Cast Cast :I: ~ co !II
in ~
.9- 1: c:
:E Ql .c: I-
.. 0
a.. I- .,
District 1 53 34 87 999 8.71% 29 20 38 87
District 2 20 20 40 999 4.00% 13 12 14 39
District 3 37 42 79 999 7.91% 27 14 38 79
District 4 82 56 138 999 13.81 % 47 24 67 138
District 5 147 78 225 999 22.52% 70 19 135 224
District 6 91 88 179 999 17.92% 49 30 99 178
91 !;~45
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Canvass Report - Total Voters - Official
City of La Porte, Texas - General Election - May 10, 2008
Page 2 of 3
05/16/200808:57 AM
Precincts Reporting 6 of 6 = 100.00%
Total Number of Voters: 748 of 5,994 = 12.48%
City of La Porte - Councilmember District 1
Precinct Early Election Total Registered Percent -
Voting Day Ballots Cast Voters Turnout li
Ballots Ballots Ul
0
Cast Cast :E Ul
Z Cii
-
Qi 0
I-
ell
.s::
u
:E
District 1
53
34
87
999
8.71%
68
68
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Canvass Report - Total Voters - Official
City of La Porte, Texas - General Election - May 10, 2008
Page 3 of 3
05/16/200808:57 AM
Precincts Reporting 6 of 6 = 100.00%
Total Number of Voters : 748 of 5,994 = 12.48%
I
City of La Porte - Councilmember District 6
Precinct Early Election Total Registered Percent
Voting Day Ballots Cast Voters Turnout c
Ballots Ballots CII
Ul
Cast Cast :l Ul
Cll S
<3 0
CII I-
..II:
:iil
District 6
89
88
177
999
17.72%
143
143
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Precinct Report - Official
City of La Porte, Texas General Election
Page 1 of 6
May 10, 2008
Early
,
05/16/200808:58 AM
Precincts Reporting 6 of 6 = 100.00%
Election I Total I
Total Number of Voters : 748 of 5,994 = 12.48%
[::::::J I Candidate I
Absentee
I
Precinct District 1 (Ballots Cast: 87)
City of La Porte - Councilmember At Large B, Vote For 1
Phillip Hoot
Trent Wise
John Black
0 0.00% 12 22.64% 17 50.00% 29 33.33%
0 0.00% 11 20.75% 9 26.47% 20 22.99%
0 0.00% 30 56.60% 8 23.53% 38 43.68%
0 0.00% 53 100.00% 34 100.00% 87 100.00%
0 0.00% 0 0.00% 0 0.00% 0 0.00%
0 0.00% 0 0.00% 0 0.00% 0 0.00%
0 0.00% 41 100.00% 27 100.00% 68 100.00%
0 0.00% 41 77.36% 27 79.41% 68 78.16%
0 0.00% 0 0.00% 0 0.00% 0 0.00%
0 0.00% 12 22.64% 7 20.59% 19 21.84%
Cast Votes:
Over Votes:
Under Votes:
City of La Porte - Council member District 1, Vote For 1
Michael N. Mosteit
Cast Votes:
Over Votes:
Under Votes:
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Precinct Report - Official
City of La Porte, Texas General Election
Page 2 of 6
May 10, 2008
Early
I
Election I
05/16/200808:58 AM
Precincts Reporting 6 of 6 = 100.00%
Total I
Total Number of Voters: 748 of 5,994 = 12.48%
c:::::::i I Candidate I
Absentee
I
Precinct District 2 (Ballots Cast: 40)
City of La Porte - Council member At Large B, Vote For 1
Phillip Hoot
Trent Wise
John Black
Cast Votes:
Over Votes:
Under Votes:
1 100.00% 5 27.78% 7 35.00% 13 33.33%
0 0.00% 5 27.78% 7 35.00% 12 30.77%
0 0.00% 8 44.44% 6 30.00% 14 35.90%
1 100.00% 18 94.74% 20 100.00% 39 97.50%
0 0.00% 0 0.00% 0 0.00% 0 0.00%
0 0.00% 1 5.26% 0 0.00% 1 2.50%
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Precinct Report - Official
City of La Porte, Texas General Election
Page 3 of 6
May 10, 2008
Early
I
Election I
05/16/200808:58 AM
Precincts Reporting 6 of 6 = 100.00%
Total ,
Total Number of Voters : 748 of 5,994 = 12.48%
[:=:J I Candidate I
Absentee
I
Precinct District 3 (Ballots Cast: 79)
City of La Porte - Councilmember At Large S, Vote For 1
Phillip Hoot
Trent Wise
John Black
Cast Votes:
Over Votes:
Under Votes:
0 0.00% 7 18.92% 20 47.62% 27 34.18%
0 0.00% 6 16.22% 8 19.05% 14 17.72%
0 0.00% 24 64.86% 14 33.33% 38 48.10%
0 0.00% 37 100.00% 42 100.00% 79 100.00%
0 0.00% 0 0.00% 0 0.00% 0 0.00%
0 0.00% 0 0.00% 0 0.00% 0 0.00%
(OuinG~
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Precinct Report - Official
City of La Porte, Texas General Election
Page 4 of 6
May 10, 2008
Early
I
Election ,
05/16/200808:58 AM
Precincts Reporting 6 of 6 = 100.00%
Total ,
Total Number of Voters : 748 of 5,994 = 12.48%
c::::ll Candidate ,
Absentee
I
Precinct District 4 (Ballots Cast: 138)
City of La Porte - Council member At Large 8, Vote For 1
Phillip Hoot
Trent Wise
John Black
Cast Votes:
Over Votes:
Under Votes:
0 0.00% 27 32.93% 20 35.71% 47 34.06%
0 0.00% 15 18.29% 9 16.07% 24 17.39%
0 0.00% 40 48.78% 27 48.21% 67 48.55%
0 0.00% 82 100.00% 56 100.00% 138 100.00%
0 0.00% 0 0.00% 0 0.00% 0 0.00%
0 0.00% 0 0.00% 0 0.00% 0 0.00%
I'
I
I
I
I
~
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Precinct Report - Official
City of La Porte, Texas General Election
Page 5 of 6
May 10, 2008
Early
I
Election ,
05/16/200808:58 AM
Precincts Reporting 6 of 6 = 100.00%
Total I
Total Number of Voters : 748 of 5,994 = 12.48%
c:::::i I Candidate I
Absentee
I
Precinct District 5 (Ballots Cast: 225)
City of La Porte - Council member At Large S, Vote For 1
Phillip Hoot
Trent Wise
John Black
Cast Votes:
Over Votes:
Under Votes:
1 25.00% 42 29.58% 27 34.62% 70 31.25%
0 0.00% 12 8.45% 7 8.97% 19 8.48%
3 75.00% 88 61.97% 44 56.41% 135 60.27%
4 100.00% 142 99.30% 78 100.00% 224 99.56%
0 0.00% 0 0.00% 0 0.00% 0 0.00%
0 0.00% 1 0.70% 0 0.00% 1 0.44%
.....
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Precinct Report - Official
City of La Porte, Texas General Election
Page 6 of 6
May 10, 2008
Early
I
Election ~
05/16/200808:58 AM
Precincts Reporting 6 of 6 = 100.00%
Total I
Total Number of Voters: 748 of 5,994 = 12.48%
[:=JI Candidate I
Absentee
I
Precinct District 6 (Ballots Cast: 179)
City of La Porte - Council member At Large B, Vote For 1
Phillip Hoot
Trent Wise
John Black
Cast Votes:
Over Votes:
Under Votes:
0 0.00% 21 23.60% 28 32.18% 49 27.53%
2 100.00% 14 15.73% 14 16.09% 30 16.85%
0 0.00% 54 60.67% 45 51.72% 99 55.62%
2 100.00% 89 100.00% 87 98.86% 178 99.44%
0 0.00% 0 0.00% 0 0.00% 0 0.00%
0 0.00% 0 0.00% 1 1.14% 1 0.56%
0 0.00% 69 100.00% 74 100.00% 143 100.00%
0 0.00% 69 77.53% 74 84.09% 143 80.79%
0 0.00% 0 0.00% 0 0.00% 0 0.00%
0 0.00% 20 22.47% 14 15.91 % 34 19.21 %
Cast Votes:
Over Votes:
Under Votes:
City of La Porte - Council member District 6, Vote For 1
Mike Clausen
.....
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,-------------'
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Source of Funds: N/A
Account Number: N/A
Department: Plannin2:
Report: _Resolution: _Ordinance:...x..
Amount Budgeted: N/A
Amount Requested:
Exhibits:
1. Ordinance
2. Area Map
Budgeted Item: _YES -LNO
SUMMARY & RECOMMENDATION
The City has received an application from Crenshaw Real Properties II, Ltd. to vacate, abandon
and close the alley in Block 643, Town of La Porte (6,400 sq. ft.). The applicant desires to close
the subject alley in order to create a single economic unit ofland to facilitate future development.
City Staff and the City's franchised utility companies (i.e. Centerpoint Energy, AT&T & Comcast)
have each reviewed the request and have expressed no objection to closing the alley.
In accordance with Section 62.35 of the Code of Ordinances, Staff has ordered an independent
appraisal of the alley in Block 643, La Porte. The fair market value has been assessed at $2.00 per
square foot for which the City has subsequently received payment from the applicant in the amount
of $9,600 (75% of Fair Market Value per the ordinance).
Recommendation:
Staff recommends vacating, abandoning, and closing the alley in Block 643, Town of La Porte as
requested by the applicant.
Action Required of Council:
Approve an ordinance vacating, abandoning, and closing the alley in Block 643, Town of La
p
Ron Bottoms, City Manager
5 !,t/!trIJ
.
Date
~011
ORDINANCE NO. 2008-
AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEY IN
BLOCK 643, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of La Porte has been requested by the
record owner of all of the property abutting the hereinafter described alley in Block 643,
Town of La Porte, Harris County, Texas; to vacate, abandon, and permanently close the
hereinafter described alley in Block 643, Town of La Porte, Harris County, Texas; and,
WHEREAS, the City Council of the City of La Porte has determined and does
hereby find, determine, and declare that the hereinafter described alley in Block 643,
Town of La Porte, Harris County, Texas, is not suitable, needed, or beneficial to the
public as a public road, street, or alley, and the closing of hereinafter described alley in
Block 643, Town of La Porte, Harris County, Texas, is for the protection of the public
and for the public interest and benefit, and that the hereinafter described alley in Block
643, Town of La Porte, Harris County, Texas, should be vacated, abandoned, and
permanently closed.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. Under and by virtue of the power granted to the City of La Porte
under its home rule charter and Chapter 253, Section 253.001, Texas Local Government
Code, the hereinafter described alley in Block 643, Town of La Porte, Harris County,
Texas, is hereby permanently vacated, abandoned, and closed by the City of La Porte, to
wit:
The entire alley in Block 643, Town of La Porte, Harris County, Texas lying within
and situated between Lots 1 through 16 and Lots 17 through 32 containing a total of
six thousand four hundred (6,400) square feet and generally illustrated on Exhibit
"A" attached hereto and made part of herein;
&J<H/B/T 1..
2
Section 2. The City Council officially finds, determines, recites, and declares
that a sufficient written notice of the date, hour, place, and subject of this meeting of the
City Council was posted at a place convenient to the public at the City Hall of the City
for the time required by law preceding this meeting, as required by the Open Meetings
Law, Chapter 551, Texas Government Code; and that this meeting has been open to the
public as required by law at all times during which this ordinance and the subject matter
thereof has been discussed, considered, and formally acted upon. The City Council
further ratifies, approves, and confirms such written notice and the contents and posting
thereof
Section 3. This ordinance shall be effective from and after its passage and
approval, and it is so ordered.
PASSED AND APPROVED TillS 19TH DAY OF MAY 2008.
CITY OF LA PORTE
~~?~
By:
Alton Porter, Mayor
ATTEST:
~
Martha Gillett, City Secretary
AP~r~
Clark T. Askins, City Attorney
I I ! I I
N
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EXHIBIT "A" to ORD. 2008-
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619 I ~8 15 7 6 6 615
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~ PROPOSED CLOSING r---
OF ALLEY BLK 643, LP
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c.
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Mav 19, 2008
Appropriation
Requested By: Ron Bottoms
Source of Funds:
Department: City Manal!er's Office
Account Number:
Report:
Resolution:
Ordinance: X
Amount Budgeted:
Exhibits: Ordinances
Amount Requested:
Exhibits: Industrial District Ae:reements
Budgeted Item:
(YES)
NO
Exhibits:
SUMMARY & RECOMMENDATION
The City and Industry have agreed to renew the provisions of the Industrial District Agreement for a twelve year
period. The current agreements will expire on December 31, 2007, the common date for the Battleground and
Bayport Industrial Districts.
The City mailed 118 Industrial District Agreements on November 1, 2007. On December 3,2007 the City Council
approved the first 50 contract and on December 17, 2007 the second 49 contracts.
Staff recommends City Council authorize the execution of Industrial District Agreements with the following
industries:
. Ordinance No. 2007-IDA-99
. Ordinance No 2007-IDA-100
Strang Development an affiliate of Intergulf Corporation
AirGas Dry Ice
Action Required bv Council:
Consider approval of the ordinance 2007-IDA-99 and ordinance 2007-IDA-100 authorizing the execution by the
. of La Porte ofIndustrial District Agreements listed above.
1;'
Ron Bottoms, City Manager
Date
ORDINANCE NO. 2007-IDA-99
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN
INDUSTRIAL DISTRICT AGREEMENT WITH STRANG DEVELOPMENT, INC AN AFFLlIATE
OF INTERGULF CORPORATION, A TEXAS CORPORATION FOR THE TERM
COMMENCING JANUARY 1, 2008, AND ENDING DECEMBER 31, 2019, MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEROF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. Strang Development, Inc an affiliate of Intergulf Corporation, a Texas
Corporation has executed an industrial district agreement with the City of La Porte, for the term
commencing January 1, 2008, and ending December 31, 2019, a copy of which is attached
hereto, incorporated by reference herein, and made a part hereof for all purposes.
Section 2. The Mayor, the Assistant City Manager, the City Secretary, and the City
attorney of the City of La Porte, be and they are hereby, authorized and empowered to execute
and deliver on behalf of the City of La Porte, the industrial district agreement with the
corporation named in Section 1 hereof.
Section 3. The City Council officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall of the city for the time required by
law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas
Government Code; and that this meeting has been open to the public as required by law at all
times during which this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 4. This Ordinance shall be effective from and after its passage and approval, and it is
so ordered.
1
PASSED and APPROVED, this 19th day of May 2008.
CITY OF LA PORTE
~LY~
Alton Porter, Mayor
ATTEST:
~tltt'(Af~4$
Martha IlIett, City Secretary
APPROVED:
?(~r ~ "'r
Knox Askins, City Attorney I
2
NO. 2007-IDA-~ ~
9
STATE OF TEXAS 9
9
COUNTY OF HARRIS 9
INDUSTRIAL DISTRICT AGUBlfERT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal corporation of Harris County,
Texas, hereinafter called "CITYI!, and .:5frQ/-1!J Pe~0pJ+? ~"-,,..j LY/("
, a --te.A-'Cf .s corporation, hereinafter
called "COMPANY",
WIT N E SSE T H:
WHEREAS, it is the established pOlicy of the city Council of
the city of La Porte, Texas, to adopt such reasonable measures
from time to time as are permitted by law and which will tend to
enhance the economic stability and growth of the City and its
environs by attracting the location of new and the expansion of
existing industries therein, and such policy is hereby reaffirmed
and adopted by this city council as being in the best interest of
the-City and its citizensj 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, TexasR, and Ordinance No. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the "Bayport Industrial District of La Porte, Texas II ,
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 r 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 RAn (hereinafter
"Land n); and said Land being more particularly shown on a plat
attached as Exhibit nB., which plat describes the ownership
boundary lines; a site layout, showing all improvements, including
pipelines and railroads, and also showing areas of the Land
previously annexed by the City of La Porte; and
WHEREAS, City desires to encourage the expansion and growth
of industrial plants within said Districts and for such purpose
desires to enter into this Agreement with Company pursuant to
Ordinance adopted by the City Council of said City and recorded in
the official minutes of said City:
FINAL DRAFT: November 1, 2007
1
NOW, THEREFORlS, 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:
I.
city covenants, agrees and guarantees that during the term of this
Agreement, provided below, and subject to the terms and provisions
of this Agreement, said District shall continue to retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the Land belonging to Company and its
assigns, unless and until the status of said ~and, or a portion or
portions thereof, as an industrial district may be changed
pursuant to the terms of this Agreement. Subject to the foregoing
and to the later provisions of this Agreement, City does further
covenant, agree and guarantee that such industrial district, to
the extent that it covers said Land lying within said District and
not now within the corporate limits of City, shall be immune from
annexation by City during the. term hereof (except as hereinafter
provided) and shall have no right to have extended to it any
services by City, and that all Land, including that which has been
heretofore annexed, shall not have extended to it by ordinance any
rules and regulations (a) governing plats and subdivisions of
land, (b) prescribing any building, electrical, plumbing or
inspection code or codes, or (c) attempting to exercise in any
manner whatever control over the conduct of business thereon;
provided, however, any portion of Land constituting a strip of
land 100 I wide and contiguous to either Fairmont Parkway, State
Highway 225, or State Highway 146, shall be subject to the rules
and regu,lations attached hereto as Exhibit JlC. and made apart
hereof; and provided, however, it is agreed that City shall have
the right to institute or intervene in any administrative and/or
judicial proceeding authorized by the Texas Water Code, the Texas
Clean Air Act, the Texas Health & Safety Code, or other federal or
state environmental laws, rules or regulations, to the same extent
and to the same intent. and effect as if all Land covered by this
Agreement were not subject to the Agreement.
II.
In the event that any portion of the Land has heretofore been
annexed by City, Company agrees to render and pay full City ad
valorem taxes on such annexed Land and improvements, and tangible
personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended),
the appraised value for tax purposes of the annexed portion of
Land, improvements, and tangible personal property shall be
determined by the Harris County Appraisal District. The parties
hereto recognize that said Appraisal District has no authority to
appraise the Land, improvements, and tangible personal property in
the unannexed area for the purpose of computing the n in lieu"
2
payments hereunder. Therefore, the parties agree that the
appraisal of the Land, improvements, and tangible personal
property in the unannexed area shall be conducted by City, at
City'S expense, by an independent appraiser of City'S selection.
The parties recognize that in making such appraisal for "in lieu"
payment purposes, such appraiser must of necessity appraise the
entire (annexed and unannexed) Land, improvements, and tangible
personal property.
Nothing herein contained shall ever be interpreted as lessening
the authority of the Harris County Appraisal District to establish
the appraised value of Land, improvements, and tangible personal
property in the annexed portion, for ad valorem tax purposes.
III.
A. The properties upon which the "in lieu of" taxes are assessed
are more fully described in subsections 1, 2, and 3 of subsection
C, of this Paragraph III (sometimes collectively called the
nPropertY")i provided, however, pollution control equipment
installed on the Land which is exempt from ad valorem taxation
pursuant to the provisions of Sec. 11.31 of the Texas Property Tax
Code is exempt from ad valorem taxation and n in lieu of taxes B
hereunder. Property included in this Agreement shall not be
entitled to an agricultural use exemption for purposes of
computing uin lieu of taxesn hereunder.
B. On or before the later of December 31, 2008, or 30 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 2019, Company
shall pay to City an amount of "in lieu of taxes" on Company IS
Property as of January 1st of the current calendar year ("Value
Yearn) .
C. Company and City agree that the following percentages
{"Percentage Amountn} shall apply during each of the Value Years:
Value Year 2008: 62%
Value Year 2009: 62%
Value Year 2010: 62%
Value Year 2011: 62%
Value Year 2012: 62%
Value Year 2013: 62%
Value Year 2014: 63%
Value Year 2015: 63%
Value Year 2016: 63%
Value Year 2017: 63%
Value Year 2018: 63%
Value Year 2019: 63%
Company
taxes"
personal
of:
agrees to pay to City an amount of "in lieu of
on Company's land, improvements and tangible
property in the unannexed area equal to the sum
3
1. Percentage Amount 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, 2008,
and each January 1 thereafter of the applicable Value
Year during the term of this Agreement, (excluding
amounts which would be so payable with respect to any
Substantial Increase in value of such Land and
improvements to which subparagraph 2, below applies),
had been within the corporate limits of City and
appraised each year by city1s independent appraiser, in
accordance with the applicable provisions of the Texas
Property Tax Code; and
2. (a) On any Substantial Increase in value of the Land,
improvements, and tangible personal. property
(excluding inventory). dedicated to new
construction, in excess of the appraised value of
same on January I, 2007, resulting from new
construction (exclusive of construction in
progress, which shall be exempt from taxation),
for each Value Years following completion of
construction in progress, an amount equal to
Twenty-five percent (25%){ if construction is
completed in Value years 2008 through 2013; and
Twenty percent {20%}, if construction is completed
in Value years 2014 through 2019, 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.
In the case of new construction which is completed
in Value Year 2016 or later, and provided,
further, that city and Company enter into an
Industrial District Agreement after the expiration
of this Industrial District Agreement, then, and
in such events, such new construction shall be
entitled to additional Value Years under the new
Agreement at a Twenty percent (20%) valuation
under this subparagraph {a}, for a total of six
(6) Value Years, but not extending beyond Value
Year 2022.
{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:
1.
at least Five percent
appraised value of Land
January 1, 2007; or
a cumulative value of at
(5%) of the total
and improvements, on
i1.
least $3,500,000.00.
4
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 ~, 2007,
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, 200?, value; and
3 . Percentage Amount of the amount of ad valorem taxes
which would be payable to City on all of the company's
tangible personal property of every description,
located in an industrial district of City, including,
without limitation, inventory, (inclUding inventory in
a federal Foreign Trade Zone and including Freeport
exempted inventory), oil, gas, and mineral interests,
items of leased equipment, railroads, pipelines, and
products in storage located on the Land, if all of said
tangible personal property which existed on January 1,
2008, and each January 1 thereafter of the applicable
Value Year during the term of this Agreement,
(excluding amounts which would be so payable with
respect to any Substantial Increase in value of such
tangible personal property to which subparagraph 2,
above applies), had been within the corporate limits of
City and appraised each year by the City's independent
appraiser, in accordance with the applicable provisions
of the Texas Property Tax Code.
with the sum of 1, 2 and 3 reduced by the amount of City'S ad
valorem taxes on the annexed portion thereof as determined by
appraisal by the Harris County Appraisal District.
4. Notwithstanding the above, should City elect to grant
the freeport inventory exemption authorized by Article
VIII, Section 1-j of the Texas Constitution and Section
11. 251 of the Texas Property Tax Code to taxpayers
within the city limits, then the freeport inventory
exemption shall apply to parties to this Agreement.
Further, should inventory or any other class or type of
property become exempt from taxation by constitutional
amendment or act of the Texas LegiSlature (including,
but not limited to, Article VIII, Section 1-n, of the
Texas Constitution and Section 11.253 of the Texas
property Tax Code), such class or type of property
shall be exempt for purposes of this Agreement, unless
the City Council of the City of La Porte shall by
Ordinance provide for the continued taxation of such
property under the authori ty of any applicable
provisions of the Texas Constitution and Texas
Statutes.
5
5. City and Company acknowledge circumstances might
require the City to provide emergency services to
Company's Property described on Exhibit RAil attached
hereto. Emergency services are limited to fire,
police, and public works emergency services. If
Company is not a member of Channel Industries Mutual
Aid Association (CIMA), Company agrees to reimburse
City for its costs arising out of any emergency
response requested by Company to Company's property,
and to which City agrees to respond. If Company is a
member of CIMA, the obligations of Company and City
shall be governed by the CIMA agreement, to which
agreement city is a party.
IV.
This Agreement shall extend for a period beginning on the 1st day
of January, 2008, and continuing thereafter until December 31,
2019, 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, 2019, the agreement of
City not to annex property of Company within the District shall
terminate. In that event, city shall have the right to commence
immediate annexation proceedings as to all of Company's property
covered by this Agreement, notwithstanding any of the terms and
provisions of this Agreement.
Company agrees that if the Texas Municipal Act, Section 42.044 f
Texas Local Government Code, is amended after January 1, 1994, or
any new legislation is thereafter enacted by the Legislature of
the State of Texas which imposes greater restrictions on the right
of City to annex land belonging to Company or imposes further
obligations on City in connection therewith after the annexation
of such land, Company will waive the right to require City to
comply with any such additional restrictions or obligations and
the rights of the parties shall be then determined in accordance
with the provisions of said Texas Municipal Annexation Act as the
same existed January 1, 1994.
v.
This Agreement may be extended for an additional period or periods
by agreement between City and Company and/or its assigns even
though it is not extended by agreement between City and all of the
owners of all land within the District of which it is a part.
VI.
A. In the event Company elects to protest the valuation for tax
purposes set on its said properties by City or by the Harris
County Appraisal District for any year or years during the terms
hereof, nothing in this Agreement shall preclude such protest and
6
Company shall have the right to take all legal steps desired by it
to reduce the same.
Notwithstanding such protest by Company, and except as otherwise
provided in Article VI(B}, 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 Rin lieu of taxesD on
the unannexed portions of Company's hereinabove described property
which would be due to City in accordance with the 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 result of other final conclusion
of the controversy, then within thirty (30) days thereafter
Company shall make payment to City of any additional payment due
hereunder, or City shall make payment to Company of any refund
due, as the case may be, based on such final valuation, together
with applicable penalties, interests, and costs.
B. Should Company disagree with any appraisal made by the
independent appraiser selected by City pursuant to Article II
above (which shall be given in writing to Company), Company shall,
within twenty (20) calendar days of receiving City's invoice, give
written notice to the city of such disagreement. In the event
Company does not give such written notice of disagreement within
such time periOd, the appraisal made by said independent appraiser
shall be final and controlling for purposes of the determination
of nin 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 Rin lieu" purposes hereunder. If, after the expiration of
thirty (30) days from the date the notice of disagreement was
received by city, the parties have not reached agreement as to
such market value, the parties agree to submit the dispute to
final arbitration as provided in subparagraph 1 of this Article
VI(B} .
Notwithstanding any such disagreement by Company, Company agrees
to pay to City on or before December 31 of each year during the
term hereof, at least the total of (a) the ad valorem taxes on the
annexed portions, plus (b) the total amount of the "in lieuR
payments which would be due hereunder on the basis of Company's
written valuations statement submitted to City by Company
hereunder, or the total assessment and nin lieu of taxes" thereon
for the last preceding year, whichever is higher.
7
1. A Board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be
named by those two. In case of no agreement on this
arbitrator in 10 days, the parties will join in a
written request that the Chief Judge of the u.s.
District Court for the Southern District of Texas
appoint the third arbitrator who, (as the "Impartial
Arbitrator-) shall preside over the arbitration
proceeding. The sole issue to be determined in the
arbitration shall be resolution of the difference
between the parties as to the fair market value of
Company I s property for calculation of the "in lieu"
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
expert opinion, and shall render its written decision
as promptly as practicable. That decision shall then
be final and binding upon the parties, subject only to
jUdicial review as may be available under the Texas
General Arbitration Act (Chapter 171, "General
Arbitration", Texas Civil Practice and Remedies Code).
Costs of the arbitration shall be shared equally by the
Company and the city, provided that each party shall
bear its own attorneys fees.
VII.
City shall be entitled to a tax lien on Company's above described
property, all improvements thereon, and all tangible personal
property thereon, in the event of default in payment of "in lieu
of taxes" payments hereunder, which shall accrue penalty and
interest in like manner as delinquent taxes, and which shall be
collectible by City in the same manner as provided by law for
delinquent taxes.
VII I.
This Agreement shall inure to the benefit of and be binding upon
City and Company, and upon Company's successors and assigns,
affiliates and subsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of the
property belonging to it within the territory hereinabove
described, and the agreements herein contained shall be held to be
covenants running with the land owned by Company situated within
said territory, for so long as this Agreement or any extension
thereof remains in force. Company shall give City written notice
within ninety (90) days, with full particulars as to property
assigned and identity of assignee, of any disposition of the Land,
and assignment of this Agreement.
IX.
If City enters into an Agreement with any other landowner with
respect to an industrial district or enters into a renewal of any
8
existing industrial district agreements after the effective date
hereof and while this Agreement is in effect, which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement.
x.
The parties agree that this Agreement complies with existing laws
pertaining to the subject and that all terms, considerations and
conditions set forth herein are lawful, reasonable, appropriate,
and not unduly restrictive of Company's business activities.
without such agreement neither party hereto would enter into this
Agreement. In the event anyone or more words, phrases, clauses,
sentences, paragraphs, sections, articles or other parts of this
Agreement or the application thereof to any person, firm,
corporation or circumstances shall be held by any court of
competent jurisdiction to be invalid or unconstitutional for any
reason, then the application, invalidity or unconstitutionality of
such words, phrase, clause, sentence, paragraph, section, article
or other part of the Agreement shall be deemed to be independent
of and separable from the remainder of this Agreement and the
validity of the remaining parts of this Agreement shall not be
affected thereby.
XI.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said Land shall terminate.
XII.
Notices by a party to the other party hereto, shall be mailed or
delivered as follows:
To the City of La Porte:
To Company:
city Manager
City of La Porte
604 West Fairmont Parkway
La Porte, TX 77571
5fraV/j Oei/e)op "."evcf
, (COMPANY)
Attention: A/ //1- Department
PJ). /590, LA ,t:J,..,-.fe i 7)'". 77S-72
,
Company shall promptly notify City of any change of ownership of
Property, any assignment of this Agreement, and of any change of
billing address.
Company shall notify City annually, on or before June 1, of any
changes to the following information:
9
Plant Manager
Phone:
Fax:
Email:
Name:
Addres s :
Name:
Addre s s :
~A mE
Phone:
Fax:
Email:
ENTERED INTO effective the 1st day of January, 2008.
By:
ATTEST: .
~t/i~
ci ecret ry
By:
c~~ ~
..~
on E. Porter
r
~ /~;/ I
:~~~~
City Attorney
city of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
281. 471.1886
281.471.2047 fax
knoxaskins@comcast.net
By:
CITY OF LA PORTE
604 West Fairmont Parkway
La porte, TX 77571
10
STATE OF TEXAS 9
9
COUNTY OF HARRIS 9
This
Fe.br IA ~(' Y
of .
on behalf
instrument was acknowledged before me on the ~~ day of
, 200L, by 'Bra.udw V'€..\e."l. ., -
corporation, a Shd.~.5 . corporation,
of said entity. ~e.'\le\Cf1fl\e....+ :J:~.
~",Q~
Notary Public, State of Texas
LMIONIeA A_
.., C6IMIIIIIlft ....
.. '.10"
STATE OF TEXAS 9
9
COUNTY OF HARRIS 9
~ThiS instrument was acknowledged before me on the ,q+'tdaYOf
, 200~,. by Alton E. Porter, Mayor of the City of La
Port, a municipal corporation, on behalf of said entity.
t\ 11/1 MJ1{./ \!JI-cuLJu..,U
~ry Public, State of Texas
~@)
SHMON IWIIIS
Mv CommIaIoI. ExpIMI
September 12. 2009
.
.
.
.
11
-EXHIBIT AD
(Metes and Bounds Description of Land)
12
EXHIBIT "A"
A FIELD NOTE DESCRIPTION of 11.1249 acres (484,602 square feet) of
land in Enoch Brinson Survey, Abstract No.5, Harris County, Texas; said
11.1249 acres being that same tract of land conveyed to Strang
Properties, L.P., as recorded under Harris County Clerk's File No.
W348956 and being out of Lots 21 and 22 of the Strang Subdivision, as
recorded in Volume 75, Page 22 of the Harris County Deed Records; said
tract being more particularly described by metes and bounds as follows
with the bearings being based on the northeasterly right-of-way line of
Texas State Highway No. 225 (370 feet wide), the bearing being North 690
54' 52" West;
BEGINNING at S/8-inch iron rod found in the northeasterly right-of-way
line of said Texas State Highway No. 225 for the southwesterly corner of
said Strang Properties, LP tract, for the southeasterly corner of a 3.4104
acre tract of land conveyed to Texas Electric Equipment Co., Inc., as
recorded under Harris County Clerk's File No. G419380 and for the
southwesterly corner of this tract;
THENCE; North 000 OB' 30" West - 779.54 feet with the easterly line of
said 3.4104-acre tract to a 3/8-inch iron rod found in the southerly right-of-
way line of Strang Road (60 feet wide) for the northwesterly corner of this
tract;
THENCE; South 890 58' 57" East - 550.56 feet with the southerly right-of-
way line of said Strang Road to a disturbed SIB-iron rod found for the
northeasterly corner of this tract;
THENCE; South 000 08' 30' East - 980.87 feet with the easterly line of said
Strang Properties, LP tract to a 5/8-iron rod found for the southeasterly
corner of this tract;
THENCE; North 69054' 52" West - 586.74 feet with the northerly right-of-
way line of said Texas State Highway No. 225 to the POINT OF
BEGINNING and containing 11.1249 acres (484,602 square feet) of land.
UEXHIBIT B"
Attach Plat reflecting the ownership boundary lines; a
site layout, showing all improvements, including
pipelines and railroads, and also showing areas of the
Land previously annexed by the City of La Porte.)
13
-EXHIBIT en
Page 1. of 3
RULBS AJm REGULATIONS
Any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, state Highway 225, or State
Highway 146 shall be subject to the fOllowing rules and
regulations pertaining to new signage, screening, driveways and
median crossovers. These rules and regulations shall apply after
the effective date of this Agreement when Company develops or
constructs improvements on vacant Land described in Exhibit RAR
which is adjacent to Fairmont Parkway, State Highway 225, or State
Highway 146.
1. Any sign erected in said 100' strip of land shall be subject
to the following provisions:
. One freestanding identification sign shall be permitted
for each side of an industrial establishment that
fronts on an improved public right-of-way.
. Freestanding identification signs for single tenant
buildings shall not exceed 150 square feet in area.
. One freestanding identification sign for identifying
multiple businesses is allowable at the intersection of
improved public rights-of-way.
.
Freestanding identification signs for
businesses shall not exceed 350 square feet.
multiple
. 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 I strip is developed, the
initial 501 of said strip beyond any existing pipeline
easement contiguous to either Fairmont Parkway, state Highway
225, or State Highway 146 shall be screened by one of the
following techniques:
a) Leaving in place existing trees, vegetation, underbrush,
etc. to provide a thorough and effective visual screening
of the development. Existing trees shall, together with
other vegetation and underbrush, create a continuous
visual screen.
14
b)
-EXHIBIT CD
Page 2 of 3
The use of earthen berms with approximately 3: 1 side
slopes, 50' wide at the base and B' high. The berms
may be landscaped with a combination of trees, shrubs,
and ground cover. All berms and landscaping will be
maintained by the property owners.
A screening plan, to be approved by the city, that
includes a combination of trees, shrubs, and ground
cover that after 5 years growth will be at least 20
feet in height and shall, together with shrubs and
ground cover, create a continuous visual screen.
Provided, however, in public utility easements or
rights-of-way, the vegetation shall be installed and
maintained in a manner which is acceptable to the
public utility company, and does not interfere with the
operation and maintenance of the public utility
facilities.
c)
For items band c above, the actual length of required
screening along the roadway will be equal to the length of
the new development that is parallel to the roadway.
screening shall not be required for new development that is
to the rear of or behind existing facilities.
In all cases the 50' strip, along the entire roadway
frontage, shall be dedicated as a landscape easement and
shall be kept free from any improvements except for approved
driveway access and identification signs.
For cases of new development or improvements where a 50'
landscape easement is not available or practical, Company
shall meet with City to determine a suitable landscaping
alternative.
d) In the case of land contiguous to Fairmont Parkway, in
addition to the other requirements of these Rules and
Regulations, Company shall dedicate to City by Plat a
ten foot (10 ,) wide pedestrian and bicycle easement,
extending along Company's Fairmont Parkway boundary,
within the fifty foot (50') landscape easement. The
pedestrian easement shall not be within any pipeline
facility, except for necessary crossings.
3. Driveways opening from said strip of land onto state Highway
225 or State Highway 146 shall be subject to the rules and
regulations of the Texas Department of Transportation and
provisions of the City's Code of Ordinances, whichever is
more restrictive.
Driveways opening from said strip of land onto Fairmont
Parkway shall be subject to the rules and regulations of
Harris County and provisions of the City's Code of
Ordinances, whichever is more restrictive.
15
-EXHIBIT Cn
Page 3 of 3
4 . Driveways opening from said strip of land onto Fairrnont
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 Barris County and City.
16
ORDINANCE NO. 2007.IDA.100
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN
INDUSTRIAL DISTRICT AGREEMENT WITH AIRGAS DRY ICE, A GEORGIA
CORPORATION FOR THE TERM COMMENCING JANUARY 1, 2008, AND ENDING
DECEMBER 31, 2019, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO
THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND
PROVIDING AN EFFECTIVE DATE HEROF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. AirGas Dry Ice, a Georgia Corporation has executed an industrial district
agreement with the City of La Porte, for the term commencing January 1, 2008, and ending
December 31, 2019, a copy of which is attached hereto, incorporated by reference herein, and
made a part hereof for all purposes.
Section 2. The Mayor, the Assistant City Manager, the City Secretary, and the City
attorney of the City of La Porte, be and they are hereby, authorized and empowered to execute
and deliver on behalf of the City of La Porte, the industrial district agreement with the
corporation named in Section 1 hereof.
Section 3. The City Council officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall of the city for the time required by
law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas
Government Code; and that this meeting has been open to the public as required by law at all
times during which this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 4. This Ordinance shall be effective from and after its passage and approval, and it is
so ordered.
1
PASSED and APPROVED, this 19th day of May 2008.
CITY OF LA PORTE
~t,~~
Alton Porter, Mayor
ATTEST:
APPROVED:
I/Akr~ ~
Knox Askins, City Attorney I
2
NO. 2007-IDA- IOD S
s
STATE OF TEXAS S
S
COUNTY OF HARRI S S
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal corpo;r-atJo:o. of ~rris County,
Texas, hereinafter calJ..eq "CITY", and , l-1iR.bn~ t.)elfTCE
r a ~eDa~l~ corporationr hereinafter
called "COMPANYlI, '-J
WIT N E SSE T H:
WHEREASr it is the established policy of the city Council of
the city of La Porte, Texas 1 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 thereinl and such policy is hereby reaffirmed
and adopted by this City Council as being in the best interest of
the City and its citizens; and
WHEREASr pursuant to its policYI city has enacted Ordinance
No. 7291 designating portions of the area located in its
extraterritorial jurisdiction as the "Battleground Industrial
District of La Porter Texas"l and Ordinance No. B42AI designating
portions of the area located in its extraterritorial jurisdiction
as the "Bayport Industrial District of La Porter Texas" 1
hereinafter collectively called "Districtllr such Ordinances.being
in compliance with the Municipal Annexation Act of Texasr codified
as Section 42.044r Texas Local Government Code; and
WHEREAS r Company is the owner of land within a designated
Industrial District of the city of La Porte 1 said land being
legally described on the attached Exhibit "A" (hereinafter
"Land"); and said Land being more particularly shown on a plat
attached as Exhibit "B" , which plat describes the ownership
boundary lines; a site layoutr showing all improvements, including
pipelines and railroadsr and also showing areas of the Land
previously annexed by the City of La Porte; and
WHEREASr 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:
FINAL DRAFT: November ~I 2007
1
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:
1.
city covenants, agrees and guarantees that during the term of this
Agreement, provided below, and subject to the terms and provisions
of this Agreement, said District shall continue to retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the Land belonging to Company and its
assigns, unless and until the status of said Land, or a portion or
portions thereof, as an industrial district may be changed
pursuant to' the terms of this Agreement. Subject to the foregoing
and to the later provisions of this Agreement, city does further
covenant, agree and guarantee that such industrial district, to
the extent that it covers said Land lying within said District and
not now within the corporate limits of City, shall be immune from
annexation by city during the term hereof (except as hereinafter
provided) and shall have no right to have extended to it any
services by City, and that all Land, including that which has been
heretofore annexed, shall not have extended to it by ordinance any
rules and regulations (a) governing plats and subdivisions of
land, (b) prescribing any building, electrical, plumbing or
inspection code or codes, or (c) attempting to exercise in any
manner whatever control over the conduct of business thereon;
provided, however, any portion of Land constituting a strip of
land 100 I wide and contiguous to either Fairmont Parkway, state
Highway 225, or State Highway 146, shall be subject to the rules
and regulations attached hereto as Exhibit "C" and made a part
hereof; and provided, however, it is agreed that City shall have
the right to institute or intervene in any administrative and/or
jUdicial proceeding authorized by the Texas Water Code, the Texas
Clean Air Act, the Texas Health & Safety Code, or other federal or
state environmental laws, rules or regulations, to the same extent
and to the-same intent and effect as if all Land covered by this
Agreement were not subject to the Agreement.
II.
In the event that any portion of the Land has heretofore been
annexed by city, Company agrees to render and pay full City ad
valorem taxes on such annexed Land and improvements, and tangible
personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Legislature, Regular session, 1979, as amended),
the appraised value for tax purposes of the annexed portion of
Land, improvements, and tangible personal property shall be
determined by the Harris County Appraisal District. The parties
hereto recognize that said Appraisal District has no authority to
appraise the Land, improvements, and tangible personal property in
the unannexed area for the purpose of computing the II in lieu II
2
payments hereunder. Therefore I the parties agree that the
appraisal of the Landi improvements I and tangible personal
property in the unannexed area shall be conducted by city I at
City's expense I by an independent appraiser of City's selection.
The parties recognize that in making such appraisal for lIin lieu"
payment purposes I such appraiser must of necessity appraise the
entire (annexed and unannexed) Land, improvements, and tangible
personal property.
Nothing herein contained shall ever be interpreted as lessening
the authority of the Harris County Appraisal District to establish
the appraised value of Land, improvements I and tangible personal
property in the annexed portion, for ad valorem tax purposes.
III.
A. The properties upon which the "in lieu ofll taxes are assessed
are more fully described in subsections 1, 2, and 3 of subsection
CI of this Paragraph III (sometimes collectively called the
"Propertyll); provided I however, pollution control equipment
installed on the Land which is exempt from ad valorem taxation
pursuant to the provisions of Sec. 11.31 of the Texas Property Tax
Code is exempt from ad valorem taxation and "in lieu of taxes n
hereunder. Property included in this Agreement shall not be
entitled to an agricultural use exemption for purposes of
computing "in lieu of taxes" hereunder.
B. On or before the later of December 311 20081 or 30 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 2019, Company
shall pay to City an amount of "in lieu of taxes II on Company's
Property as of January 1st of the current calendar year ("Value
Yearll) .
C. Company and ci ty agree that the following percentages
("Percentage Amount") shall apply during each of the Value Years: ",
Value Year 2008: 62%
Value Year 2009: 62%
Value Year 2010: 62%
Value Year 2011: 62%
Value Year 2012: 62%
Value Year 2013: 62%
Value Year 2014: 63%
Value Year 2015: 63%
Value Year 2016: 63%
Value Year 2017: 63%
Value Year 2018: . 63%
Value Year 2019: 63%
Company
taxesll
personal
of:
agrees to pay to city an amount of "in lieu of
on Company/s landl improvements and tangible
property in the unannexed area equal to the sum
3
1. Percentage Amount of the amount of ad valorem taxes
which would be payable to City if all of the Company's
Land and improvements which existed on January I, 2008,
and each January 1 thereafter of the applicable Value
Year during the term of this Agreement, (excluding
amounts which would be so payable with respect to any
Substantial Increase in value of such Land and
improvements to which subparagraph 2, below applies),
had been within the corporate limits of City and
appraised each year by City'S independent appraiser, in
accordance with the applicable provisions of the Texas
Property Tax Code; and
2. (a) On any Substantial Increase in value of the Land,
improvements, and tangible perso~al property
(excluding inventory) dedicated to new
construction, in excess of the appraised value of
same on January 1, 2007/ resulting from new
construction (exclusive of construction in
progress / which shall be exempt from taxation),
for each Value Year5 fOllowing completion of
construction in progress, an amount equal to
Twenty-five percent (25%)/ if construction is
completed in Value years 2008 through 2013; and
Twenty percent (20%), if construction is completed
in Value years 2014 through 2019, 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.
In the case of new construction which is completed
in Value Year 2016 or later, and provided,
further, that city and Company enter into an
Industrial Distric't Agreement after the expiration
of this Industrial District Agreement, then, and
in such events, such new construction shall be
entitled to additional Value Years under the new
Agreement at a Twenty percent (20%) valuation
under this subparagraph (a), for a total of six
(6) Value Years, but not extending beyond Value
Year 2022.
(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, 2007; or
ii. a cumulative value of at least $3,500,000.00.
4
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 11 20071
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
11 2007, value; and
3 . Percentage Amount of the amount of ad valorem taxes
which would be payable to City on all of the Company's
tangible personal property of every descriptionl
located in an industrial district of City, including 1
without limitationl inventory, (including inventory in
a federal Foreign Trade Zone and including Freeport
exempted inventory), oil 1 gas 1 and mineral interests,
items of leased equipment 1 railroads 1 pipelines 1 and
products in storage located on the Land, if all of said
tangible personal property which existed on January 11
20081 and each January 1 thereafter of the applicable
Value Year during the term of this Agreement 1
(excluding amounts which would be so payable with
respect to any Substantial Increase in value of such
tangible personal property to which subparagraph 2,
above applies) / had been within the corporate limits of
city and appraised each year by the city'S independent
appraiser, in accordance with the applicable provisions
of the Texas property Tax Code.
with the sum of 1, 2 and 3 reduced by the amount of city's ad
valorem taxes on the annexed portion thereof as determined by
appraisal by the Harris County Appraisal District.
4. Notwithstanding the above 1 should City elect to grant
the freeport inventory exemption authorized by Article
VIII, Section 1-j of the Texas Constitution and Section
11.251 of the Texas Property Tax Code to taxpayers
within the City limitsl then the freeport inventory
exemption shall apply to parties to this Agreement.
Further 1 should inventory or any other class or type of
property become exempt from taxation by constitutional
amendment or act of the Texas Legislature (including,.
but not limited to, Article VIII, Section 1-n, of the
Texas Constitution and Section 11.253 of the Texas
property Tax Code) 1 such class or type of property
shall be exempt for purposes of this Agreement, unless
the City Council of the City of La Porte shall by
Ordinance provide for the continued taxation of such
property under the authority of any applicable
provisions of the Texas constitution and Texas
statutes.
5
5. City and Company acknowledge circumstances might
require the City to provide emergency services to
Company's Property described on Exhibit flAil attached
hereto. Emergency services are limited to fire[
police[ and public works emergency services. If
Company is not a member of Channel Industries Mutual
Aid Association (ClMA) [ Company agrees to reimburse
City for its costs arising out of any emergency
response requested by Company to Company's property,
and to which City agrees to respond. If Company is a
member of CIMA[ the obligations of Company and City
shall be governed by the CIMA agreement, to which
agreement City is a party.
IV.
This Agreement shall extend for a period beginning on the 1st day
of January [ 2008[ and continuing thereafter until December 31[
2019[ unless extended for an additional period or periods of time
upon mutual consent of Company and City as provided by the
Municipal Annexation Act i 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[ 2019[ the agreement of
city not to annex property of Company within the District shall
terminate. In that event [ city shall have the right to commence
immediate annexation proceedings as to all of Company's property
covered by this Agreement [ notwithstanding any of the terms and
provisions of this Agreement.
Company agrees that if the Texas Municipal Act [ Section 42.044,
Texas Local Government Code, is amended after January 1[ 1994[ or
any new legislation is thereafter enacted by the Legislature of
the State of Texas which imposes greater restrictions on the right
of City to annex land belonging to Company or imposes further
obligations on City in connection therewith after the annexation
of such land, Company will waive the right to require City to
comply with any such additional restrictions or obligations and
the rights of the parties shall be then determined in accordance
with the provisions of said Texas Municipal Annexation Act as the
same existed January 1, 1994.
V.
This Agreement may be extended for an additional period or periods
by agreement between City and Company and/or its assigns even
though it is not extended by agreement between City and all of the
owners of all land within the District of which it is a part.
VI.
A. In the event Company elects to protest the valuation for tax
purposes set on its said properties by City or by the Harris
County Appraisal District for any year or years during the terms
hereof [ nothing in this Agreement shall preclude such protest and
6
Company shall have the right to take all legal steps desired by it
to reduce the same.
Notwithstanding such protest by Company, and except as otherwise
provided in Article VI (B), 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 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 result of other final conclusion
of the controversy, then within thirty (30) days thereafter
Company shall make payment to City of any additional payment due
hereunder, or city shall make payment to Company of any refund
due, as the case may be, based on such final valuation, together
with applicable penalties, interests, and costs.
B. Should Company disagree with any appraisal made by the
independent appraiser selected by City pursuant to Article II
above (which shall be given in writing to Company), Company shall,
within twenty (20) calendar days of receiving city's invoice, give
written notice to the City of such disagreement. In the event
Company does not give such written notice of disagreement within
such time period, the appraisal made by said independent appraiser
shall be final and controlling for purposes of the determination
of "in lieu of taxesll payments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall
also submit to the City with such notice a written statement
setting forth what Company believes to be the market value of
Company's hereinabove described property. Both parties agree to
thereupon enter into good faith negotiations in an attempt to
reach an agreement as to the market value of Company's property
for "in lieu" purposes hereunder. If, after the expiration of
thirty (30) days from the date the notice of disagreement was
received by city, the parties have not reached agreement as to
such market value, the parties agree to submit the dispute to
final arbitration as provided in subparagraph 1 of this Article
VI (B) .
Notwithstanding any such disagreement by Company, Company agrees
to pay to City on or before December 31 of each year during the
term hereof, at least the total of (a) the ad valorem taxes on the
annexed portions, plus (b) the total amount of the "in lieu"
payments which would be due hereunder on the basis of Company's
written valuations statement submitted to City by Company
hereunder, or the total assessment and "in lieu of taxes" thereon
for the last preceding year, whichever is higher.
7
1. A Board of Arbitrators shall be created composed of one
person named by CompanYr one by CitYr and a third to be
named by those two. In case of no agreement on this
arbitrator in 10 days, the parties will join in a
written request that the Chief Judge 'of the u.s.
District Court for the Southern District of Texas
appoint the third arbitrator who, (as the "Impartial
Arbitrator") shall preside over the arbitration
proceeding. The sole issue to be determined in the
arbitration shall be resolution of the difference
between the parties as to the fair market value of
Company's property for calculation of the n in lieu"
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
expert opinionr and shall render its written decision
as promptly as practicable. That decision shall then
be final and binding upon the parties, subject only to
judicial review as may be available under the Texas
General Arbitration Act (Chapter 171, "General
Arbitration", Texas Civil Practice and Remedies Code).
Costs of the arbitration shall be shared equally by the
Company and the city, provided that each party shall
bear its own attorneys fees.
VII.
City shall be entitled to a tax lien on Company's above described
property r all improvements thereon, and all tangible personal
property thereon, in the event of default in payment of "in lieu
of taxes" payment s hereunder, which shall accrue penal ty and
interest in like manner as delinquent taxes, and which shall be
collectible by City in the same manner as provided by law for
delinquent taxes.
VIII.
This Agreement shall inure to the benefit of and be binding upon
city and Company, and upon Company's successors and assigns,
affiliates and sUbsidiaries, and shall remain in force whether
company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of the
property belonging to it within the territory hereinabove
describedr and the agreements herein contained shall be held to be
covenants running with the land owned by Company situated within
said territory, for so long as this Agreement or any extension
thereof remains in force. Company shall give City written notice
within ninety (90) days, with full particulars as to property
assigned and identity of assignee, of any disposition of the Land,
and assignment of this Agreement.
IX.
If City enters into an Agreement with any other landowner with
respect to an industrial district or enters into a renewal of any
8
existing industrial district agreements after the effective date
hereof and while this Agreement is in effect, which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and city agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement.
X.
The parties agree that this Agreement complies with existing laws
pertaining to the subject and that all terms, considerations and
conditions set forth herein are lawful, reasonable, appropriate,
and not unduly restrictive of Company's business activities.
without such agreement neither party hereto would enter into this
Agreement. In the event anyone or more words, phrases, clauses,
sentences, paragraphs, sections, articles or other parts of this
Agreement or the application thereof to any person, firm,
corporation or circumstances shall be held by any court of
competent jurisdiction to be invalid or unconstitutional for any
reason, then the application, invalidity or unconstitutionality of
such words,. phrase, clause, sentence, paragraph, section, article
or other part of the Agreement shall be deemed to be independent
of and separable from the remainder of this Agreement and the
validity of the remaining parts of this Agreement shall not be
affected thereby.
XI.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said Land shall terminate.
XII.
Notices by a party to the other party hereto, shall be mailed or
delivered as follows:
To the City of La Porte:
City Manager
City of La Porte
604 West Fairmont Parkway
La poprt , TX 77571
I ~r-:--
. "--6"" c;. \ 1.c...E
, (COMPAN"'i)
Attention:[OiL~epartment
~o~ \d-\"I
\ A. 0 tU-c... } \)c .,..,.~."
Company shall promptly notify City of any change of ownership of
property, any assignment of this Agreement, and of any change of
billing address.
To Company:
Company shall notify City annually, on or before June I, of any
changes to the following information:
9
~ 12/14/2007 14:00
7135751157
AIRGAS DRY ICE
PAGE 131
!?lant !-1anager
=~SB' f~74;5G.~~ J ~O 1/~~
Z 't"/-1f7!-J} ZSc, ~&> A,..Joe. ~
~J~J~:J-:::~l~_~.,~y.~. ~ 7757/
Tax Agent/Billing Contact
Phone:
Fax:
Email:
Name:
Address:
Phone:
Fax:
Email:
ENTERED INTO effective the 1st day of January, 200B.
By:
~i<1t;jj
C~ty ecretary
~ . JJ ,
M~
Kn W. Askl.ns
City Attorney
city of La Porte
P.O. Box 121.6
La Porte, TX 77572-1218
281.471.1886
281.471..2047 fax
knoxaskins@comcast.net
CITY OF LA PORTE
604 West Fairmont ~arkway
La Porte, TX 77571
10
STATE OF TEXAS ~
~
COUNTY OF HARRIS ~
This instrument was ac.knowledged before me on the 7 Thday of
. ,200-B-, by crlc.. <JtJhlJ6 of) , -
Y bitS corporation, a corporation,
alf of said entity.
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LORIE A. DOUGHTY
MY COMMISSION EXPIRES
September 13,2011
STATE OF TEXAS ~
~
COUNTY OF HARRIS ~
~ThiS instru~en.t was acknowledged before me on th.e j.q~ day of
Q , 200Jl, by Alton E. ~orter, Mayor of the City of La
Port, a municipal corporation, on behalf of said entity.
JJuuuT}1I~~
Notary Public, State of Texas
SHARON HARRIS
My Commission expires
September 12, 2009
11
nEXHIBIT All
(Metes and Bounds Description of Land)
12
Ordinance 2007-IDA-100
AirGas Dry Ice
Exhibits A
HCAD#064-223-000-0006 & 064-223-000-0106
DEXHIBIT Bn
Attach Plat reflecting the Dwnership boundary lines; a
site layout I showing all improvements, including
pipelines and railroads, and also showing areas of the
Land previously annexed by the City of La Porte.)
1.3
:f;1.....:'!ll i :
... ~. f
I .
'tr
"EXHIBIT CD
Page ~ of 3
RULES AND REGULATIONS
Any portion of Land constituting a strip of land 100 I wide and
contiguous to either Fairrnont Parkway, state Highway 225/ or State
Highway 146 shall pe subject to the following rules and
regulations pertaining to new signage, screening, driveways and
median crossovers. These rules and regulations shall apply after
the effective date of this Agreement when Company develops or
constructs improvements on vacant Land described in Exhibit "An
which is adjacent to Fairrnont Parkway, state Highway 225, or State
Highway 146.
1. Any sign erected in said 100' strip of land shall be subject
to the following provisions:
. One freestanding identification. sign shall be permitted
for each side of an industrial establishment that
fronts on an improved public right-of-way.
. Freestanding identification signs for single tenant
buildings shall not exceed 150 square feet in area.
. One freestanding identification sign for identifying
multiple businesses is allowable at the intersection of
improved public rights-of-way.
.
Freestanding identification signs for
businesses shall not exceed 350 square feet.
multiple
. 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 Fairrnont Parkway, State Highway
225, or State Highway 146 shall be screened by one of the
following techniques:
a) Leaving in place existing trees, vegetation, underbrush,
'etc. to provide a thorough and effective visual screening
of the development. Existing trees shall, together with
other vegetation and underbrush, create a continuous
visual screen.
14
b)
REXHIBIT Cn
Page 2 of 3
The use of earthen berms with approximately 3: 1 side
slopes, SO' wide at the base and 8' high. The berms
may be landscaped with a combination of tr~es, s~rubs,
and ground cover. All berms and landscaplng wlll be
maintained by the property owners.
A screening plan, to be approved by the city, that
includes a combination of trees, shrubs, and ground
cover that after 5 years growth will be at least 20
feet in height and shall, together with shrubs and
ground cover, create a continuous visual screen.
Provided, however, in public utility easements or
rights-ot-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.
c)
For items. band c above, the actual length of required
screening along the roadway will be equal to the length of
the new development that is parallel to the roadway.
Screening shall not be required for new development that is
to the rear of or behind existing facilities.
In all cases the 50' strip, along the entire roadway
frontage, shall be dedicated as a landscape easement and
shall be kept free from any improvements except for approved
driveway access and identification signs.
For cases of new development or improvements where a 50'
landscape easement is not available or practical, Company
shall meet with city to determine a sui table landscaping
alternative.
d) In the case of land contiguous to Fairmont Parkway, in
addition to the other requirements of these Rules and
Regulations, Company shall dedicate to City by Plat a
ten foot (10 I) wide pedestrian and bicycle easement,
extending along Company's Fairmont Parkway boundary,
within the fifty foot (50') landscape easement. The
pedestrian easement shall not be within any pipeline
facility, except for necessary crossings.
3. Driveways opening from said strip of land onto State Highway
225 or state Highway 146 shall be subject to the rules and
regulations of the Texas Department of Transportation and
provisions of the city's Code of Ordinances, whichever is
more restrictive.
Driveways opening from said strip of land onto Fairmont
Parkway shall be subject to the rules and regulations of
Harris County and provlslons of the City's Code of
Ordinances, whichever is more restrictive.
15
REXHIBIT Cn
Page 3 of 3
4 . Driveways opening from said strip of land onto Fairmont
Parkway shall be approved by the City and may require the
installation of separate acceleration/deceleration lanes.
5. Installation of a median crossover on Fairmont Parkway shall
be subject to the approval of both Harris County and City.
16
-
10
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Ma'P 19. 2008
Requested By: Mayor Alton orter
Appropriation
Source of Funds:
Department:
City Council
Account Number:
Report:
Resolution:
Ordinance:X
Amount Budgeted:
Exhibits: Ordinance
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
City Council to approve an Ordinance appointing a Mayor Pro-Tern of the City of La Porte, for the term expiring
May 31, 2009.
Date
ORDINANCE NO. 2008- ~07f(
AN ORDINANCE APPOINTING A MEMBER OF THE CITY COUNCIL TO SERVE AS
MAYOR PRO-TEM OF THE CITY OF LA PORTE, FOR THE TERM COMMENCING JUNE
1, 2008, AND EXPIRING MAY 31, 2009, FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW, PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council of the city of La Porte hereby
appoints ~\(~ c,bllSt'n
to serve as Mayor Pro-Tern of the City
of La Porte, for the term commencing June 1, 2008, and expiring May
31, 2009, or until his successor shall have been duly appointed and
qualified.
Section 2.
The Mayor Pro-Tern shall serve in such office
during said term, during the absence or incapacity of the Mayor and
shall do all things, perform all duties, and in fact have all the
powers and duties of the Mayor of the City of La Porte during such
absence or incapacity of the Mayor.
Section 3.
The city Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
section 4. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
ORDINANCE NO. 2008 - '30, g'
PAGE 2
PASSED AND APPROVED, this 19th day of May, 2008.
By:
CITY OF LA PORTE
~6j,~~
Alton E. Porter
Mayor
ATTEST:
~ida II ~fI
Mar ha A. Gi lett
City Secretary
APPROVED:
~r~
Clark T. Askins
Assistant City Attorney
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: Mav 19 2008
Requ..ted By: Tim Tietjen, \Yf- <f'-k
Department: Planninl!
Source of Funds:
NA
Account Number:
NA
Amount Budgeted: NA
Report: _Resolution: _Ordinance:_X_
Exhibits:
P&Z Staff Report
Ordinance 1501-
Amended Commercial Table
SUMMARY
The current discussion was precipitated by the location of the Quality Inn Hotel under construction along
Fairmont Parkway at Driftwood. This prompted the Planning and Zoning Commission and Staff to review
the ordinance requirements pertaining to hotels/motels located in General Commercial (GC) zoning
districts when adjacent to residential zones within the City. City Council, at the July 23, 2007, meeting,
approved an ordinance amending the Code of Ordinances of the City of La Porte, Section 106-441, Table
A, Commercial Uses, by making Hotels and Motels located within General Commercial zoning districts a
"Conditional Use" when adjacent to residential zoned districts.
Currently, under Sections 106-443, Table B, Commercial Area Requirements, the maximum allowable
height for structures is not applicable. When a commercial property is adjacent to residential zoned
districts, screening/buffering and landscaping are required. The building setbacks are Front 20', Rear 20',
and Sides 10' adjacent to residential uses. A 20' rear setback area requires screening from view of
adjoining residential buildings in compliance with Section 106-444(a) of the Code of Ordinances.
Landscaping/screening should create an opaque fence with plant height reaching at least eight feet within
two years from the time of planting trees/shrubs in the rear setback or landscape easement.
The Planning and Zoning Commission directed staff to consider proposed amendments to the Zoning
Ordinance (Chapter 106), Section 106-443; Table B., Commercial Area Requirements to amend, change
or modifY the maximum allowable height for structures when abutting low density residential properties.
After a workshop and public hearing at the April 17, 2008, meeting, the Planning and Zoning
Commission, by a unanimous vote, forwarded their official position for action by City Council that "the
maximum allowable height for structures within commercially zoned properties located within 120 feet of
residentially zoned properties is 30 feet". In order to further clarifY the classification, it was subsequently
recommended that maximum allowable height for structures within R-2 & R-3 zoned properties located
within 120 feet ofR-l & LL zoned properties also be 30 feet.
Action Required bv Council:
I. Conduct a Public Hearing
2. Consider Planning and Zoning Commission recommendation to approve an ordinance
amending Chapter 106 (Zoning) to add the maximum height restriction for commercially
zoned and high density residentially zoned properties when adjacent to low density
residentially zoned properties.
Ron Bottoms, City Manager
~ 1C18
Date
Staff Report
April!7, 2008
Maximum Height Restrictions
Zoning Ordinance Amendment
Backe:round:
The Planning and Zoning Commission has asked staff to discuss the possibility of adding
height restrictions for commercial uses of properties which abut residential
neighborhoods. This was precipitated by the recent discussion of rezoning tracts or
parcels of land from General Commercial (GC) to Neighborhood Commercial (NC)
along Fairmont Parkway, at the Commission's workshop meeting on January 17,2008.
The concerns over the location of the hotel under construction along Fairmont Parkway at
Driftwood prompted the Planning and Zoning Commission and Staff to review the
ordinance requirements pertaining to hotels/motels located in General Commercial (GC)
zoning districts when adjacent to residential zones. City Council, at the July 23, 2007,
meeting, approved an ordinance amending the Code of Ordinances of the City of La
Porte, Section 106-441, Table A, Commercial Uses, by making Hotels and Motels
located within General Commercial zoning districts a "Conditional Use" when adjacent
to residential zoned districts.
Several years back, City Council directed the Planning and Zoning Commission to
consider proposed amendments to the Zoning Ordinance (Chapter 106), Section 106-333;
Table B., Residential Area Requirements, Section 106-443; Table B., Commercial Area
Requirements and Section 106-522; Table B., Industrial Area Requirements to amend,
change or modify the maximum allowable height for structures within those zones. Staff
presented this item to the Planning and Zoning Commission for their discussion and
eventual recommendations to City Council for the changes to the Code of Ordinances
relating to maximum allowable heights for structures.
The Planning and Zoning Commission, at the November 18, 2004, meeting, forwarded
their official position that the maximum height of 45' remain intact. City Council, at the
February 28, 2005, meeting, with a super majority vote, approved an ordinance to remove
the maximum height of 45' from commercial and industrial development requirements.
Existine: Reauirements:
Zoning - Under the Sections listed above, the maximum allowable height
for structures are:
Residential
· Single Family detached---
· Single Family large Lot---
35 feet
45 feet
Planning & Zoning Commission
April 17, 2008
Maximum Height Restrictions
Zoning Ordinance Amendment
Page 2 of 4
. Single Family Special Lot- 35 feet
. Duplexes--------------------- 45 feet
. Single Family Converted-- 35 feet
. T ownhomes/Quads--------- 45 feet
. rvfultifamily------------------ 45 feet
. rvfanufactured Housing ---- 25 feet
CommerciallIndustrial
· Neighborhood Commercial-------N/A
· General Commercial--------------- NI A
· Business Industrial-----------------NI A
· Light Industrial---------------------NI A
. Heavy Industrial--------------------N/A
NOTE: Shipping Containers are governed by a separate ordinance
which establishes the maximum stacking to be four (4) containers
regardless of height.
Analvsis:
Definition:
· The vertical distance of a building measured from the average elevation of the
finished grade within twenty feet of the structure to the highest point of the roof.
or
· An average between the peak of the roof and the base of the roof.
Building heights usually exclude penthouses containing mechanical equipment such as
air conditioning or elevator equipment and church spires, water towers, radio antennas,
etc. The provision for measuring the finished lot grade within 20 feet of the structure is to
prevent the deliberately building up of a portion of the site on which the building will sit
in order to permit an additional story to be constructed.
The La Porte Fire Department has equipment that can reach up to 100' in elevation. A
rule of thumb used by the fire department when employing this equipment is 7 stories or
70 feet (10 feet per story) given that positioning of the equipment when fighting a fire
will not be ideal. Fire protection regulations for this situation mandated a total sprinkler
system including the attic. All similar buildings attaining this height would require this
protection. Coordination with the fire department shows that as long as the building has a
sprinkler system, this reduces their concern. In addition, Surveys of surrounding cities
shows that a majority do not regulate a maximum height.
Planning & Zoning Commission
April 17, 2008
Maximum Height Restrictions
Zoning Ordinance Amendment
Page 3 of4
Case Study#l
Holiday Inn Express - in operation
· Location - 401 West G Street and South 8th Street adjacent to the Best Western along
State Highway 146.
· Zoning - General Commercial (GC) surrounding zoning general commercial and
adjacent to commercial uses.
· Room/story - 61 rooms & 4-story
· Height - the peak of 60' -61/4" and a base of 41 ' -11" for an average of about 51 feet;
six feet over the allowed height.
Case Study#2
Quality Inn - under construction
· Location - 11003 Fairmont Parkway at Driftwood Drive
· Zoning - General Commercial (GC) adjacent to Fairmont Park East Subdivision
(single-family residential)
· Room/story - 85 rooms & 3-story
· Height - the peak of 46' and a base of 41 'for an average of about 43'-5"; below the
45' maximum height.
The exact reason for establishing the maximum height for buildings within the City at 45
feet is not known. Discussion of fire protection and the general blocking of view were
offered as possible reasons. Given the economic challenges to development posed by in-
fill lots and the reduced dimensions of available land, commercial developers are
beginning to seek relief from the height requirement to make their project more
economically feasible. Adding additional stories to buildings compensates for the
reduction of footprints at the base of the building to allow room for required parking,
landscaping and maneuvering isles. Viewing economic development as a priority, the
Planning and Zoning Commission is requesting a review of the issue.
Planning & Zoning Commission
April 17, 2008
Maximum Height Restrictions
Zoning Ordinance Amendment
Page 4 of 4
Recommended Requirements:
· Since family/residential structures are habitually not sprinklered, Staff, at this
point, recommends residential use requirements as currently presented in the
Code of Ordinances regarding maximum allowable heights remain intact.
· Commercial/Industrial maximum height requirements are not applicable.
· Maximum height restrictions of 45'or whichever appropriate shall be reinstated
for commercial developments when adjacent to residential zoning districts.
Conclusions:
The footprint of remaining land in the commercial and industrial zones of the City, due to
shape and size, is becoming more restrictive to development. Economic development is
one of the highest priorities. The factors promoting economic development, however,
must be balanced with factors of 'safe' development.
Given that the LPFD has no issues with maximum heights of building (with building and
fire codes remaining current and updates approved); and since the Fire Code and the
International Building Codes are both restrictive on the heights of buildings in light of
other considerations on a case-by-case basis, the City Staff feels that it is in the best
interests of the City of La Porte to retain the stated height restrictions for residential and
no height restrictions for commercial/industrial properties. In addition, the maximum
height restriction of 45 feet, for commercial developments, when adjacent to residential
zoning districts, may be reinstated. Staff believes that this measure represents an
equitable balance between economics, safety, and welfare of the community.
Actions available to the Commission are as follows:
· Recommend to Council approval for proposed amendment to the Zoning
Ordinance pertaining to the maximum height restrictions for commercial
developments adjacent to residential zoning districts as stated above.
· Recommend to Council approval of a revised version of the above.
· Recommend to Council denial for the above amendment.
· Table this item for further consideration by the Commission.
ORDINANCE NO.1501-~
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 AMENDING ARTICLE III.
"DISTRICTS", DIVISION 3 "COMMERCIAL DISTRICT REGULATIONS",
SUBDIVISION I, "GENERALLY", BY ADDING FOOTNOTE #9 TO SECTION 106-443,
TABLE B, "COMMERCIAL AREA REQUIREMENTS" , PERTAINING TO MAXIMUM
HEIGHT RESTRICTIONS FOR STRUCTURES LOCATED WITHIN 120 FEET OF
RESIDENTIALLY ZONED PROPERTY; MAKING CERTAIN FINDINGS OF FACT
RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
The City Council of the City of La Porte hereby finds, determines
and declares that heretofore, to-wit, on the 1 ih day of April 2008, at 6:00 p.m. a Public
Hearing was held before the Planning and Zoning Commission of the City of La Porte,
Texas, pursuant to due notice as required by the Open Meetings Law, Chapter 551,
Texas Government Code, to consider the question and the possible changes to Chapter
106 of the Code of Ordinances, the Zoning Ordinance of the City of La Porte. There is
attached to this Ordinance as Exhibit "A", and incorporated by reference herein and
made a part hereof for all purposes, a copy of Notice of Public Hearing.
Section 2.
The publisher's affidavit of publication of notice of said hearing is
attached hereto as Exhibit "B", incorporated by reference herein and made a part hereof
for all purposes.
Section 3.
Immediately following such public hearing on April 17, 2008, the
Planning and Zoning Commission of the City of La Porte met in regular session to
consider possible changes to Chapter 106 of the Code of Ordinances, the Zoning
Ordinance of the City of La Porte, which were the subject of such public hearing. The
City Council of the City of La Porte is in receipt of the written recommendations of the
City of La Porte Planning and Zoning Commission, by letter dated April 21, 2008, a true
ORDINANCE NO. 1501-ft
Page 2
copy of which letter is attached hereto as Exhibit "C", incorporated by reference herein
and made a part hereof for all purposes.
Section 4.
Subsequent to receipt of the recommendation of the City of La
Porte Planning and Zoning Commission, the City Council of the City of La Porte called a
public hearing on the proposed changes to the ordinance and the recommendation of
the Planning and Zoning Commission on the 19th day of May, 2008, at 6:00 p.m., and
pursuant to due notice, to consider the recommendation of the Planning and Zoning
Commission regarding the possible changes to the ordinance. There is attached to this
Ordinance as Exhibit "0", incorporated by reference herein and made a part hereof for
all purposes, a copy of the notice of public hearing.
Section 5.
The publisher's affidavit of publication of notice of said hearing is
attached hereto as Exhibit "E", and incorporated by reference herein and made a part
hereof for all purposes.
Section 6.
The City Council of the City of La Porte hereby accepts the
recommendation of the City of La Porte Planning and Zoning Commission regarding the
amendments to the Zoning Ordinance by adding footnote #9 to Section 106-443, Table
B, "Commercial Area Requirements", to read as shown on Exhibit "F", attached hereto
and fully incorporated in this ordinance as if set forth herein verbatim.
Section 7.
The City Council of the City of La Porte hereby finds, determines,
and declares that all prerequisites of law have been satisfied and hereby determines and
declares that the amendments to the City of La Porte Zoning Ordinance as amendments
thereto are desirable and in furtherance of the goals and objectives stated in the City of
La Porte's Comprehensive Plan.
Section 8.
The City Council officially finds, determines, recites and declares
that a sufficient written notice of the date, hour, place and subject of this meeting of the
ORDINANCE NO. 1501-~
Page 3
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 9.
This Ordinance shall be in effect from and after its passage and
approval.
Passed and approved this the j* day Of~
,2008.
CITY OF LA PORTE
~L,?~
By:
ALTON PORTER, Mayor
ATTEST:
By: LfhlWk ~
MARTHA GILLE T, City Secretary
APPROVED:
r~
RK ASKINS, Assistant City Attorney
ZOA 08-01
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of La
Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the La
Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 17th day
of April, 2008, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte,
Texas. The purpose of this hearing is to consider amending or modifying the City of La Porte Code
of Ordinances Section 106-443, Table B, commercial area requirements, to impose maximum
allowable height restrictions for structures located within commercial zoning districts when
adjacent to residential zoning districts.
A regular meeting of the Planning and Zoning Commission will follow the public hearing for the
purpose of acting upon the public hearing items and to conduct other matters pertaining to the
Commission.
Citizens wishing to address the Commission pro or con during the Public Hearing will be required
to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett, TRMC, CMC
City Secretary
A QUORUM OF CITY COUNCIL MEMBERS MA Y BE PRESENT AND PARTICIPA TE IN DISCUSSIONS DURING THIS MEETING;
HOWEVER, NO ACTION WILL BE TAKEN BY COUNCIL.
THIS FACILITY HAS DISABILITY ACCOMMODATIONS AVAILABLE. REQUESTS FOR ACCOMMODATIONS
FOR INTERPRETIVE SERVICES AT MEETINGS SHOULD BE MADE 48 HOURS PRIOR TO THE MEETING.
PLEASE CONTACT THE CITY SECRETARY'S OFFICE AT 281-47/-5020 OR TDD LINE 281-47/-5030 FOR
FURTHER INFORMA TION.
EXHJBJT A
820 S. 8th Street
La Porte, Texas 77571
The B ~
281-471-1234
Fax 281-471-5763
p' re SUD
RE: PUBLIC NOTICE
Sec. 106-171
La Porte Planning
& Zoning Commission
Amending or Modifyinl
See 106-443
Before me, the undersigned authority, on this date cq~o,~
appeared Adam Yanelli, a duly authorized representativl~
Bayshore Sun, a semi-weekly newspaper published and'
distributed in the City of La Porte, Harris County, Texas:
after being duly sworn, swears the attached notice was put
The ~ ysho ,Su ated 3/30/08
City of La Porte
County of Harris
State of Texas
.
Sworn and subscribed before me this 30th
March ,2008.
~Ju~
Notary Public
Harris County, Texas
My Commission Exprires 03-13-2012
EXHJBJT 6
City of La Porte
Established 1892
April 21, 2008
Honorable Mayor Alton Porter and City Council
City of La Porte
Re: Zoning Ordinance Amendment - Maximum Height Restrictions
Dear Mayor Porter and Council:
The La Porte Planning and Zoning Commission, during a regular meeting on April 17,
2008, held a public hearing to consider amendment to the Zoning Ordinance pertaining
maximum height restrictions, by amending Division 3, Commercial District Regulations,
Subdivision I, Generally, and by adding a footnote #9 to Section 106-443, Table B,
Commercial Area requirements, as follow:
"Maximum allowable height for structures within commercially zoned properties located
within 120 feet of residentially zoned properties is 30 feet".
The Planning and Zoning Commission, by a unanimous vote, recommends approval of
the above zoning ordinance amendment.
Respectfully Submitted,
PJ~
Pat Muston
Chairperson, Planning and Zoning Commission
c:
Ron Bottoms, City Manager
John Joerns, Assistant City Manager
Clark Askins, Assistant City Attorney
Planning and Zoning Commission
EXH 1811
/""'"1
"tu.f
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of La
Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the La
Porte City Council will conduct a public hearing at 6:00 P.M. on the 19th day of May, 2008, in the
Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of
this hearing is to consider amending the City of La Porte Code of Ordinances Section 106-443,
Table B, commercial area requirements, to establish maximum allowable height restrictions for
structures located within commercial zoning districts when adjacent to residential zoning
districts.
A regular meeting of the City Council will follow the public hearing for the purpose of acting upon
the public hearing items and to conduct other matters pertaining to the Council.
Citizens wishing to address the Council pro or con during the public hearing will be required to sign
in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett, TRMC, CMC
City Secretary
A QUORUM OF CITY COUNCIL MEMBERS MA Y BE PRESENT AND PARTICIPA TE IN DISCUSSIONS DURING THIS MEETING'
HOWEVER, NO ACTION WILL BE TAKEN BY COUNCIL. '
THIS FACILITY HAS DISABILITY ACCOMMODATIONS AVAILABLE. REQUESTS FOR ACCOMMODATIONS
FOR 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.
OO1BJ1 D
Th Bw.......
e.";..
-....
281-471-1234
Fax 281-471-5763
820 S. 8th Street
La Porte, Texas 77571
.". "'=' ~e SUD
I:. t1li .. I
Re: Public Notice
City of La Porte
Section 106-171
Considering amendment
Before me, the undersigned authority, on thisSe8afJ>6c~Me and
appeared Adam Yanelli, a duly authorized representative of The
Bayshore Sun, a semi-weekly newspaper published and generally
distributed in the City of La Porte, Harris County, Texas and who
after being duly sworn, swears the attached notice was published in
The Bay or: ted April 27, 2008
City of La Porte
County of Harris
State of Texas
to
Sworn and subscribed before me this 29th
April ,2008.
day
~~
Notary Public
Harris County, Texas
M C .. E . 03-13-2012
Y om miSSion xpnres
UII1II1I1II1II1II1II11111" 111111111111111111111111 ~
E. o'~.Y PVS(, DEBORAH SUE STOUT ::
E <'~" NOTARY PUBLIC ::
E * . fP:{ * STATE OF TEXAS =
E oJ''''r'OF<~+t:' Comm. Exp. 03-13-2012 =
nlllllllllllllllllllllllllltllllllllllllllllllllllln
EXHJB'T
......
Sec. 106-443. Table B, commercial area requirements.
(a) Table B, commercial area requirements.
Uses Minimum Maximum Minimum Adjacent to Maximum Bldg.
Landscaping Lot Yard Residential Height Design
Required 5 Coverage Setbacks Minimum (feet). 9 Standards
F. R. S. 1,3,4 Yard 8
,6,7 Setback
F. R. S. 2,6
R-3 uses (permitted)
except Single-family,
detached and Special 6% Density Intensity Regulations Specified in Table B, residential area
lot, duplexes, requirements, section 106-333. see footnote 9
quadruplexes,
townhouses, and
multifamily
CR Comm. Recreation
Dist.;
All permitted or
conditional
NC Neighborhood 6% 50% 20- 10-0 20- 10- 10 N/ A see 100%
Comm.; all Permitted or footnote 9 Masonry8
conditional
GC General Comm.; all 6% 40% 20- 10-0 20-20- 10 N/A see 100%
permitted or conditional footnote 9 Masonry8
Outside sales or services N/A N/A 5-5-5 Same As N/A
Principle use
Outside Storage N/A N/A 20-10-5 Same As See Section
Principle use 106-444 (b)
Freestanding on
premises signs See article VII of this chapter
Freestanding on
premises signs See article VII of this chapter
located in controlled
access
highway corridor
Main Street 6% 60% *-20-5 *-0-0 TBD
Main Street Overlay N/A 80% 0-20-0 N/A TBD
CDI06:62
(b) Footnotes to Table B.
1. A minimum landscape setback of20 feet will be required adjacent to all
designated conservation areas. Buildings, parking areas, loading docks,
outside storage, and refuse containers will not be allowed in such setback
areas. These areas are to be landscaped with trees, shrubs, and groundcover,
with a planting plan required to be submitted and approved by the enforcing
officer. Required landscaping must be maintained by the property owner
and/or occupant.
2. Screening is required in conformance with section 106-444(a).
3. All yards adjacent to public right-of-way must be a minimum often feet.
4. The minimum setback adjacent to any utility easement shall be three feet.
5. See article V, division 4 of this chapter for additional requirements.
6. No sign shall be located in a sight triangle so as to obstruct traffic
visibility at a level between three feet and six feet as measured above
adjacent road grade.
7. Within the Main Street District the front yard is the average of the existing
structures on that side of the street or the setback of the closest structure
on an adjacent lot. This applies to the primary structure only. Any
accessory buildings must be a minimum of six feet from the main
structure, but may be zero feet from any lot lines. Within the Main Street
District and Overlay, maximum height is yet to be determined.
8. a) Minimum exterior wall standards shall be one hundred percent (100%)
masonry or glass. Front and side walls, which may be seen from any
public thoroughfare, excluding doors, windows, and window walls, shall
be constructed of brick, stone, masonry, or pre-cast concrete panels.
b) Existing buildings shall also conform to this requirement upon expansion
of over one third (1/3) of an area of improvement/development.
c) In case of structural damage to the front of the building due to fire, flood,
or other reasons, and the cost of redevelopment is in excess of 50% of
the value, the structure shall conform to the above requirements.
The above provisions shall apply to all new developments and buildings
located along the following thoroughfares, roadways, and collector streets:
State Highway 146; State Highway 225; Fairmont Parkway; West Main
Street; Barbour's Cut Boulevard; South and North Broadway Streets (Old
Highway 146); Underwood Road; Bay Area Boulevard; Sens Road;
Canada Road; and East Main Street.
106:62.1
The following are exempt from the above requirements, unless required by the
adopted building codes.
i) Any pre-existing building that contains a single business or multiple
businesses and has a footprint of over 50,000 square feet.
ii) Multiple pre-existing buildings and/or multiple pre-existing businesses
on a single site or parcel of land.
iii) Existing shopping centers and business parks.
iv) Franchise businesses with an established theme.
9. Maximum allowable height for structures within all commercial, R-2 & R-3
zoned properties located within 120 feet ofR-l & LL zoned properties is 30'.
(Ord. No. 1501-X, S 5, 12-16-96; Ord. No. 1501-11, S 7,10-14-02)
Sec. 106-444. Special use performance standards.
(a) Required screening.
(1) Planting strip. A planting strip shall consist of evergreen groundcover, and
shall be of sufficient width and density to provide an effective screen. The
planting strip shall contain no structures or other use. Such planting strip
shall not be less than six feet in height. Earth mounding or berms may be
used, but shall not be used to achieve more than two feet of the required
screen.
(2) Standards.
a. Width of planting strip: Four feet.
b. Type of planting: Evergreen.
c. Size of plants: Minimal height off our feet at time of planting.
Must reach a height of six feet within two years.
d. Planting density: Such that within two years of normal growth, a
solid screen will be formed to a height of at least six feet above
adjacent grade.
e. Required landscaping: Required landscaping must be maintained
by the property owner and/or occupant.
106:62.1
The following are exempt from the above requirements, unless required by the
adopted building codes.
i) Any pre-existing building that contains a single business or multiple
businesses and has a footprint of over 50,000 square feet.
ii) Multiple pre-existing buildings and/or multiple pre-existing businesses
on a single site or parcel of land.
iii) Existing shopping centers and business parks.
iv) Franchise businesses with an established theme.
9. Maximun1 allowable height for structures within all commercial zoned
properties, (including R-2 & R-3 uses therein) located within 120 feet ofR-l
& LL zoned properties is 30'.
(Ord. No. 1501-X, S 5, 12-16-96; Ord. No. 1501-11, S 7, 10-14-02)
Sec. 106-444. Special use performance standards.
(a) Required screening.
(1) Planting strip. A planting strip shall consist of evergreen groundcover, and
shall be of sufficient width and density to provide an effective screen. The
planting strip shall contain no structures or other use. Such planting strip
shall not be less than six feet in height. Earth mounding or berms may be
used, but shall not be used to achieve more than two feet of the required
screen.
(2) Standards.
a. Width of planting strip: Four feet.
b. Type of planting: Evergreen.
c. Size of plants: Minimal height off our feet at time of planting.
Must reach a height of six feet within two years.
d. Planting density: Such that within two years of normal growth, a
solid screen will be formed to a height of at least six feet above
adjacent grade.
e. Required landscaping: Required landscaping must be maintained
by the property owner and/or occupant.
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Ma
Appropriation
Requested By:
Source of Funds:
Department: Parks & Recreation Dc;;partment
Acc't Number:
N/A
Report: _Resolution: _Ordinance: X
Amount Budgeted:
Exhibits:
Exhibit A: Ordinance
Amount Requested:
Exhibits:
Bud eted Item:
YES
NO
SUMMARY & RECOMMENDATION
This Public Hearing is to review the major components of the proposed Ordinance and receive public input
relative to the proposed Ordinance. As was discussed at the April 28th Council workshop, State licensing requirements
and training programs are geared toward early childhood education and preschool aged children. City of La Porte Parks
and Recreation Department after school and summer day camp programs are geared towards ages 6 years to 12 years,
and for persons with special needs, ages 4 years to adult. By adopting Standards of Care, the City of La Porte Parks and
Recreation Department's Recreation Camp Programs will be self governed and can in turn create training progrdlllS that
are age appropriate and recreational in nature.
These Standards of Care as provided in the proposed Ordinance are intended to be minimum standards by
which the City of La Porte Parks and Recreation Department will operate the City's Recreation Programs and Camp
Programs. The programs operated by the City are recreational in nature and are not day care programs. The purpose of
these Standards is to reduce possible municipal liability and to protect the health, safety, and well being of our children
through a well-rounded recreational environment. The effective date for the ordinance is set for 30 days after passage
to allow it to go into effect in conjunction with our summer programming.
Open Public Hearing
Close Public Hearing
Staff Recommendation
Staff recommendation is for approval of the proposed Ordinance as described.
~
Ron Botto~ City Manager
Date
Exhibit A
Proposed Ordinance
"STANDARDS OF CARE FOR CITY OF LA PORTE PARKS &
RECREATION DEPARTMENT RECREATIONAL PROGRAMS AND CAMP
PROGRAMS AT CITY FACILITIES"
ORDINANCE NO. 2008 - ~o"1lf
AN ORDINANCE AMENDING CHAPTER 50 "PARKS AND RECREATION" OF THE
CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS BY ADDING NEW
SECTION 50-5, "STANDARDS OF CARE FOR CITY OF LA PORTE PARKS &
RECREATION DEPARTMENT RECREATIONAL PROGRAMS AND CAMP
PROGRAMS AT CITY FACILITIES"; CONTAINING A SEVERABILITY CLAUSE;
CONTAINING AN OPEN MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVE
DATE HEREOF;
WHEREAS, the following Standards of Care are considered by the City Council of the City of
La Porte for approval and adoption, for all Recreation Programs and Camp Programs conducted
by the Parks & Recreation Department so as to comply with Senate Bill 212 as approved by the
Texas Legislature during the 74th legislative session. Senate Bill 212 was passed by the Texas
Legislature to counter a move made by the Texas Department of Protective and Regulatory
Services to govern city-operated recreational programs, such as day camps and after school
programs. Cities from around the state successfully proved that the purpose and composition of
city-organized recreation programs are entirely different from those offered by child-care
providers; and
WHEREAS, these Standards of Care have been created in order to establish a framework for
effective programs that provide a safe and fun environment for the City's youth. State licensing
requirements and training programs are geared toward early childhood education and preschool
aged children. City of La Porte Parks and Recreation Department after school and summer day
camp programs are geared towards ages 6 years to 12 years, and for persons with special needs
ages 4 years to adult. Without a minimum standard of qualifications, procedures and rules of
conduct, a staff may be unprepared and insufficiently trained to properly care for children in city
recreational programs. By adopting Standards of Care, the City of La Porte Parks and
Recreation Department's Recreation Camp Programs will be self governed and can in turn create
training programs that are age appropriate and recreational in nature; and
WHEREAS, these Standards of Care allow for an increased emphasis on safety training such as
CPR, First Aid, and AED. Employees will be held to a much higher safety standard under the
new Standards of Care. The new training guidelines will allow our staff to be oriented in a more
appropriate manner that is beneficial to our programs and their stability; and
WHEREAS, by adopting this Standards of Care Ordinance, the City of La Porte will be exempt
from all state child-care licensing requirements. Section 42.041 (b) (14), Human Resources
Code, as amended by Senate Bi11212, reads as follows:
An elementary-age (ages 5-13) recreation program operated by municipality
provided the governing body of the municipality annually adopts standards of care
by ordinance after a public hearing for such programs, that such standards are
provided to the parents of each program participant, and that the ordinances shall
include, at a minimum, staffing ratios, minimum staff qualifications, minimum
facility, health and safety standards, and mechanisms for monitoring and enforcing
Page 1 of 12
the adopted local standards; and further provided that parents be informed that the
program is not licensed by the state and the program may not be advertised as a
child-care facility; and
WHEREAS, these Standards of Care are intended to be minimum standards by which the City of
La Porte Parks and Recreation Department will operate the City's Recreation Programs and
Camp Programs. The programs operated by the City are recreational in nature and are not day
care programs. The purpose of these Standards is to reduce possible municipal liability and to
protect the health, safety, and well being of our children through a well-rounded recreational
environment;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF LA PORTE:
Section 1. Chapter 50 "Parks and Recreation", Article I "In General", ofthe Code of Ordinances
of the City of La Porte, Texas is hereby amended by adding new Section 50-5 "STANDARDS
OF CARE FOR CITY OF LA PORTE PARKS & RECREATION DEPARTMENT
RECREATIONAL PROGRAMS AND CAMP PROGRAMS AT CITY FACILITIES", which
said section shall read as follows:
"Sec. 50-5. STANDARDS OF CARE FOR CITY OF LA PORTE PARKS &
RECREATION DEPARTMENT RECREATIONAL PROGRAMS AND
CAMP PROGRAMS AT CITY FACILITIES
(a) The following words or terms when used in this section shall have the following
meanings, unless the context clearly indicates otherwise:
1) City - City of La Porte, Texas
2) City Council- City Council ofthe City of La Porte, Texas
3) Department - Parks and Recreation Department of the City of La Porte
4) Recreation Camp Program(s) - City of La Porte Youth Recreational Programs and
Camp Programs consisting of the Recreation Center Camps, S.P.O.R.T. Summer
Camps and after school programs, Mother's Day Out, and/or any joint school
alternative programs which last one week (5 days) or longer.
5) Program Manual - Notebook of policies, procedures, required forms, and
organizational and programming information relevant to City of La Porte Youth
Recreational Programs and Camp Programs.
6) Director - City of La Porte Parks and Recreation Department Director or his/her
designee.
7) Program Coordinator or Coordinator - City of La Porte Parks and Recreation
Department full-time Coordinator or Recreation Therapist who has been assigned
administrative responsibility for a City of La Porte Recreation Youth Program or
Camp Program.
8) Program Site Supervisor or Site Supervisor - City of La Porte Parks and Recreation
Department full-time employee who has been assigned responsibility to
Page 2 of 12
implement the City's Youth Recreational Programs or Camp Programs at the
individual sites.
9) Program Leader or Leader - City of La Porte Parks and Recreation Department full-
time employee, part-time employee, or summer seasonal, contract instructor, or
volunteer who has been assigned responsibility to implement the City's Youth
Recreational Programs or Camp Programs.
10) Program Site - Area and facilities where City of La Porte Youth Recreational
Programs and Camp Programs are held including but not limited to: Evelyn
Kennedy Civic Center, Brookglen Civic Center, Charles Walker Center, and
Special Programs Center, La Porte Recreation & Fitness Center, Lomax Park
Riding Arena, and Sylvan Beach Fishing Pier.
11) Participant - A youth whose parent(s) have completed all required registration
procedures and determined to be eligible for a City of La Porte Youth
Recreational Program or Camp Program.
12) Parent(s) - This term will be used to represent one or both parent(s) or adults who
have legal custody and authority to enroll their child(ren)/teen(s) in City of La
Porte Youth Recreational Programs or Camp Programs.
13) Program Staff or Employee(s) - Term used to describe people who have been hired
to work for the City of La Porte and have been assigned responsibility for
managing, administering, and implementing some portion of the City of La Porte
Youth Recreational Programs or Camp Programs.
14) Special Needs Participant - Term used to describe participants in a City of La Porte
Youth Recreational Program or Camp Program requiring special assistance due to
a physical or mental impairment.
(b) The City of La Porte Youth Recreational Programs and Camp Programs will be
organized as follows:
1) The governing body of the City of La Porte Youth Recreational Programs and Camp
Programs is the City of La Porte City Council.
2) Implementation of the Youth Programs Standards of Care is the responsibility of the
Parks and Recreation Department Director and Department employees.
3) Youth ("Program") to which these Standards of Care will apply are the Recreation
Center Programs, s.p.a.R.T. Summer Camps, and other non-school day programs
that last one week (five days) or longer.
4) Each Youth Program Site will have a current copy of the Standards of Care available
for public and for staff review for the duration of the program or camp.
5) Parents of Participants will be provided a current copy of the Standards of Care prior
to the start of the Youth program or camp, preferably during the registration
process.
6) Criminal background checks will be conducted on prospective Program Staff. If
results of that criminal check indicate that an applicant has been convicted of any of
the following offenses, he or she will not be considered for employment:
(i) A felony or a misdemeanor classified as an offense against a person or
family,
Page 3 of 12
(ii) A felony or misdemeanor classified as public indecency,
(iii) A felony or misdemeanor violation of any law intended to control the
possession or distribution of any controlled substance,
(iv) Any offense involving moral turpitude, or
(v) Any offense that would potentially put the City of La Porte at risk.
(c) The inspection, monitoring, and enforcement of the City of La Porte Youth Recreational
Programs and Camp Programs will be conducted as follows:
1) The Site Supervisor of each Youth Program will perform a weekly inspection of the
facility to maintain compliance with the Standards of Care.
(i) Program employees will check for sanitation and safety concerns that
might affect the health and safety of the participants.
(ii) Buildings, grounds and equipment on the Program Site will be inspected,
cleaned, repaired, and maintained to protect the health of the participants.
(iii) Program Site equipment and supplies will be safe for the participant's use
in compliance with City of La Porte Standards
(iv) Inspection reports will be sent to the Coordinator for review and kept on
record for at least two years.
(v) The Coordinator will review the report and establish deadlines and criteria
for compliance with the Standards of Care.
2) The Coordinator will make visual inspection of the Program site based on the
following schedule:
(i) Each Youth Program or Camp Program site will be inspected bimonthly.
(ii) The Youth Program or Camp Program will be inspected twice during the
summer season.
(d) The Emollment of the City of La Porte Youth Recreational Programs and Camp Programs
will be conducted as follows:
1) Before a child can be emolled, a parent must sign registration forms that contain the
child's:
(i) name, address, home telephone number;
(ii) name and address of parents and telephone number during Program hours;
(iii) the names and telephone numbers of people to whom the child can be
released;
(iv) a statement of the child's special problems or needs;
(v) emergency medical authorization
(vi) proof of residency when appropriate
(vii) a liability waiver, and
(viii) should a custody issue arise, the legal parent/guardian must provide a copy
of the court order restricting parental contact.
Page 4 of 12
2) Program Staffwill report suspected child abuse to local authorities in accordance
with the Texas Family Code.
( e) The Program Coordinator ("CoordinatorlRecreation Therapist") Qualifications of the City
of La Porte Youth Recreational Programs and Camp Programs will meet the following minimum
standard:
1) Coordinator will be full-time, professional employee of the City of La Porte Parks and
Recreation Department and will be required to have all Program Leader qualifications as
described in this document.
2) Coordinator must be at least 21 years old.
3) Coordinator must have any of the following combination of experience:
(i) Equivalent to a bachelor's degree from an accredited college or
university with a major coursework in Recreation Administration, General
Recreation, Physical Education, Sports Managements, or any other
comparable degree plan that would lend itself to working in a public
recreation environment.
(ii) Eight years of responsible service programming and implementing
recreational activities.
4) Coordinator must pass a background investigation including testing for illegal
substances.
5) Coordinator must have successfully completed a course in first aid and
Cardio Pulmonary Resuscitation (CPR) based on either American Heart
Association or American Red Cross standards.
(f) The Program Coordinator Responsibilities for the City of La Porte Youth Recreational
Programs and Camp Programs will be as follows:
1) Coordinators are responsible for administering the Program's daily operations in
compliance with the adopted Standards of Care.
2) Coordinators are responsible for hiring, supervising and evaluating all Site Supervisors
and Program Leaders.
3) Coordinators are responsible for planning, implementing and evaluating programs.
(g) The Site Supervisor and Program Leader ("Leader") Qualifications of the City of La Porte
Youth Recreational Programs and Camp Programs will meet the following minimum standard:
1) Site Supervisors and Leaders will be full time employees of the Parks and Recreation
Department; Program Leaders will be full time or seasonal or part-time
employees of the Parks and Recreation Department.
2) Site Supervisors and Leaders working with Participants must be age 18 or older and
possess a high school diploma, or the equivalent. Program leaders working with
participants must be age 16 or older. Each Program Site will have at least one
staff 18 years or older present at all times.
3) Site Supervisors and Leaders should be able to consistently exhibit competency, good
judgment and self-control when working with Participants.
Page 5 of 12
4) Site Supervisors and Leaders must relate to Participants with courtesy, respect,
tolerance and patience.
5) Site Supervisors and Leaders must have successfully completed a course in first aid
and CPR from a National Certifying body. An exception can be made for no
more than one staff person at each site, and that person shall successfully
complete a first aid and CPR course within four weeks of starting work.
6) Site Supervisors and Leader Site Supervisor and Leader applicants must be able to
furnish proof of a clear tuberculosis test within the 12 months prior to their
employment date. Site Supervisors and Leaders must take a tuberculosis test
every year and provide proof of a clear tuberculosis test.
(h) The Site Supervisor and Program Leader Responsibilities for the City of La Porte Youth
Recreational Programs and Camp Programs will be as follows:
1) Site Supervisors and Leaders will be responsible for providing Participants with an
environment in which they can feel safe, enjoy wholesome recreation activities
and participate in appropriate social opportunities with their peers.
2) Leaders will be responsible to know and adhere to all City, Departmental, and Youth
Program standards, policies and procedures that apply to the City of La Porte
Programs.
3) Leaders must ensure that Participants are released only to a parent or an adult
designated by the parent. If a parent wishes that their child sign himself in or out,
the parent must sign a release giving said authorization. All Program Sites will
have a copy of the Department guidelines to verify the identity of a person
authorized to pick up a participant if the Site Supervisor or Leader does not know
that person.
(i) Training and Orientation for the City of La Porte Youth Recreational Programs and Camp
Programs will be conducted as follows:
1) The Department is responsible for providing training and orientation to Program
employees in working with children and for specific job responsibilities. The
Coordinator will provide each Site Supervisor and Leader with a Program Manual
specific to each Youth Program.
2) Program employees must be familiar with the Standards of Care for Youth Programs
as adopted by the City Council.
3) Program employees must be familiar with the Youth Program's policies including
discipline, guidance, and release of participants as outlined in the Program
Manual.
4) Program employees will be trained in appropriate procedures to handle emergencies.
5) Program employees will be trained in areas including City, Departmental and Youth
Program policies and procedures, provision of recreation activities, safety issues,
and program organization.
6) Program employees will be required to sign an acknowledgment that they received the
required training.
Page 6 of 12
(j) Staff-Participant Ratio for the City of La Porte Youth Recreational Programs and Camp
Programs will be as follows:
1) In a City of La Porte Youth Program, the standard ratio of participants to staff will be
25 to 1, based on average daily attendance. In S.P.O.R.T. summer camp program,
participant to staff ratio will vary for 1 to 1 to 5 to 1, based on the registration of
each special needs summer camp session. In the event a Leader is unable to
report to the Program Site, a replacement will be assigned.
2) Each Participant will have a Program employee who is responsible for him or her and
who is aware of details of the participant's habits, interests and any special
problems as identified by the participant's parents during the registration process.
3) Unless the Program or Camp is designated as a "Special Needs" program or camp,
participants with special needs requiring personal assistance, i.e., feeding,
changing of clothes, using the restroom, must provide an attendant for the
duration of the program. Staff will not provide personal assistance. The attendant
must be an adult of legal age and will be admitted to the program free of charge.
(k) Discipline for the City of La Porte Youth Recreational Programs and Camp Programs will
be conducted as follows:
1) Program employees will implement discipline and guidance in a consistent manner
based on the best interests of the Program participants.
2) There will be no cruel treatment or harsh punishment.
3) Program employees will use brief, supervised, separation (time out) from the group if
necessary .
4) As necessary, Program employees will initiate discipline reports to the parent(s) of
participants. Parents will be asked to sign discipline reports to indicate they have
been advised about specific problems or incidents.
5) A sufficient number and/or severe nature of discipline reports, as detailed in the
Program Manual, may result in a participant being suspended from the Youth
Recreational Program or Camp Program.
6) In instances where there is a danger to participants or staff, offending participants will
be removed from the Program site as soon as possible under the direction of the
Coordinator .
(1) Programming for the City of La Porte Youth Recreational Programs and Camp Programs
will be conducted as follows:
1) Program employees will attempt to provide activities for each group according to their
ages, interests and abilities. The activities will be appropriate to participant's
health, safety and well being. The activities also will be flexible and promote the
participant's emotional, social and mental growth.
2) Program employees will attempt to provide indoor and outdoor time periods to
include:
Page 7 of 12
(i) Alternating active and passive activities,
(ii) Opportunity for individual, small and large group activities, and
(iii) Outdoor time each day as weather, ozone, and heat index (115 or lower)
permits.
3) Program employees will be attentive and considerate of the participant's safety on field
trips and during any transportation provided by the Youth Program.
(i) During field trips, Program employees must have immediate access to
emergency medical forms and emergency contact information for each
participant.
(ii) Program employees must have a written list of the participants in the
group and must check the roll frequently, specifically before departure to
and from destination.
(iii) Program employees will have first aid supplies and a guide to first aid and
emergency care available on field trips.
(m) Communication for the City of La Porte Youth Recreational Programs and Camp
Programs will be accomplished as follows:
I) Each Program Site will have either a pager, telephone, or two-way radio to allow the
Site to be contacted by Parks and Recreation Personnel, and each site will have
access to a telephone for use in contacting the Civic Center or making emergency
calls.
2) At each Program Site the Coordinator will post the following telephone numbers
adjacent to a telephone accessible to all Program Staff:
(i) City of La Porte Ambulance and Emergency Medical Services;
(ii) City of La Porte Police Department;
(iii) City of La Porte Fire Department;
(iv) Harris County Poison Control;
(v) City of La Porte Parks and Recreation Administrative Office;
(vi) Numbers at which parents may be reached;
(vii) Telephone numbers and address for the Program Site itself; and
(viii) Telephone number of Coordinator's office
(n) Transportation for the City of La Porte Youth Recreational Programs and Camp Programs
will be accomplished as follows:
I) Before a Participant may be transported to and from City sponsored activities, a
transportation form, completed by the parent of the participant, must be filed with
the Coordinator.
2) First aid supplies and a first aid and emergency care guide will be available in all
Youth Program vehicles that transport participants.
3) Seatbelts will be worn if provided.
4) Participants will be oriented to expected behavior and safety rules.
Page 8 of 12
(0) Media Relations for the City of La Porte Youth Recreational Programs and Camp
Programs will be conducted as follows:
1) No media will be allowed into any program site without express
permission from the Coordinator.
2) Any photos, video, or interviews of participants and staff will be only after
obtaining written consent from both the parenti guardian and the
Coordinator.
3) Site Supervisor and/or Leaders do not have the authority to give media
permission or clearance at any site.
(p) Facility Safety for the City of La Porte Youth Recreational Programs and Camp Programs
will be accomplished as follows:
1) Program employees will inspect Program Sites weekly, prior to the children arriving,
checking for sanitation and safety concerns that might affect the health and safety
of the participants. A weekly inspection report will be completed by the Program
staff and kept on file by the Coordinator.
2) Buildings, grounds and equipment on the Program Site will be inspected, cleaned,
repaired, and maintained to protect the health of the participants.
3) Program Site equipment and supplies will be safe for the participant's use in
compliance with City of La Porte Standards.
4) Program employees will have first aid supplies available at each Program Site in a
designated location, during transportation, and for the duration of any off-Site
activity.
5) Program Site air conditioners, electric fans and heaters will be mounted out of
participant's reach, or have safeguards that keep participants from being injured.
6) Program Site porches and platforms (except for stages) more than 30 inches above the
ground will be equipped with railings.
(q) Facility Fire Protection for the City of La Porte Youth Recreational Programs and Camp
Programs will be accomplished as follows:
1) In case of fire, danger of fire, explosion or other emergency, Program employee's first
priority is to evacuate the participants to a pre-designated safe area.
2) The Program Site will have an annual fire inspection by the local Fire Marshall, and
the resulting report will detail any safety concerns observed. The report will be
forwarded to the Director who will review it and establish the deadline and
criteria for compliance.
3) Each Program Site will have at least one fire extinguisher approved by the Fire
Marshall readily available to all Program employees. The Coordinator will
inspect the fire extinguisher monthly, and a monthly report will be forwarded to
the Director who will keep the report on file for a minimum of two years. All
Program Staff will be trained in the proper use of fire extinguisher.
4) Fire drills will be initiated at Program Sites based on the following schedule:
Page 9 of 12
(i) After School Youth Program - Once every three months (Program
employees will confer with school staff to ensure that city and school
procedures do not conflict).
(ii) Holiday Camps - Once during the session.
(iii) Summer Camp - Twice during the summer season.
(r) Facility Health Protection, Medication, Sanitation, and Special Needs for the City of La
Porte Youth Recreational Programs and Camp Programs will be accomplished as follows:
1) Illness or Injury
(i) A participant who is considered to be a health or safety concern to other
participants or employees will not be admitted to the Youth Program.
(ii) Illnesses and injuries will be handled in a manner to protect the health of
all participants and employees.
(iii) Program employees will follow emergency procedures for injured
participants or for Participants with symptoms of an acute illness as
specified in the Program Manual.
(iv) Program staff will follow the recommendations of the Texas Department
of Health concerning the admission or readmission of any participant after
a communicable disease.
2) Program employees will store medication subject to the following conditions:
(i) Parent(s) complete and sign a medication release that provides
authorization for Program staff to dispense medication with details as to
times and dosages. The release will include a hold harmless clause to
protect the City.
(ii) Prescription medications are in the original containers labeled with the
Participant's name, a date, directions and the physician's name.
(iii) Program employees will provide the medication only as stated on the
label. Program employees will provide medication for consumption by
participants. Program employees will not administer any medication.
Medication past expiration will not be accepted.
(iv) Non-prescription or "over the counter" medications will not be allowed in
any Youth program.
(v) Medications dispensed will be limited to routine oral ingestion not
requiring special knowledge or skills on the part of the Program
employees. No injections will be administered by the Program employees.
(vi) Program employees will ensure medications are inaccessible to
participants or, if it is necessary to keep medications in the refrigerator
(when available), medications will be kept separate from food.
3) Toilet Facilities
(i) The Program Site will have toilets located and equipped so participants
can use them independently and Program Staff can supervise as needed.
Page 10 of 12
(ii) An adequate number of lavatories will be provided.
4) Sanitation
(i) The indoor Program Sites must have adequate light, ventilation, and
heat/air conditioning.
(ii) The Program Site will have an adequate supply of water meeting the
Texas Department of Health standards for drinking water. Water will be
supplied to the Participants in a safe and sanitary manner.
(iii) Program employees will remove garbage from Program Sites daily.
5) Special Needs
(i) Every reasonable accommodation will be made to address special needs
participants.
(ii) For health and safety reasons and, except for specific special needs
recreational programs or camp programs; special needs participants must
provide a personal attendant for assistance in feeding, changing of clothes,
and using the restroom. Staff will not provide personal assistance. The
attendant must be an adult of legal age."
Section 2. Chapter 50 "Parks and Recreation", Article I "In General", of the Code of
Ordinances of the City of La Porte, Texas is hereby amended by amending Sections 50-5--50-9
"Reserved", which said section shall read as follows:
"Sees. 50-6--50-9. Reserved."
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 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. 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 unconstitutionality, illegality, 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 thirty (30) days after its passage
and approval.
Page 11 of 12
PASSED, APPROVED AND ADOPTED by the City of La Porte, Texas, City Council on this
the 19TH day of Mav 2008.
~
~~~
Alton E. Porter, Mayor
ATTEST:
vfhj}jjjVv I1AjJ/
Martha Gillett, City Secretary
APPROVED AS TO FORM:
t/I~ r ~
Clark T. Askins, Assistant City Attorney
Page 12 of 12
16/11
.-----------~---- ..
.----------- ------
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: Ma
Requested By: Stephen Barr
ce of Funds:
N/A
Department: Parks & Recreation Department
Acc't Number:
N/A
Report: _Resolution: X
Ordinance:
Amount Budgeted:
Exhibits: A: 2008 Update of Year 2002 City of La Porte
Parks, Trails, & Open Space Master Plan
Exhibits: B: Proposed Resolution
Amount Requested:
Bud eted Item: YES
NO
SUMMARY & RECOMMENDATION
This Public Hearing is to review the major components of the proposed 2008 Update of the Year 2002 City of
La Porte Parks, Trails, & Open Space Master Plan and to receive public input relative to the proposed Update. The City
of La Porte recognizes the need to update the Year 2002 Parks and Open Space Master Plan ("the Plan") to assess
progress of the 2002 Master Plan goals, assessments, standards, recommendations and strategies for implementation
over the past six years, and for the next five year period in an effort to provide for and continually improve park and
recreational facilities, rehabilitate existing parks, provide trail and linear park opportunities, and preserve open space in
the City of La Porte.
The original 2002 Master Plan and the 2008 Plan Update complies with the Texas Parks & Wildlife
Department grant guidelines which require parks and recreation needs to be prioritized and addressed in a action plan
format.
The City of La Porte has made good progress toward its goals as stated above. The plan update lists the new
parks added to the system since 2002, the development of new parks and facilities that are ready to come on line, the
assessment of standards for our parks & recreation system, and our activities toward reaching those goals. (discuss
assessment and goals).
Open Public Hearing
Close Public Hearing
Staff Recommendation
Staff recommendation is for approval of the proposed Resolution as described, adopting the 2008 Update of
the Year 2002 City of La Porte Parks, Trails, and Open Space Master Plan.
t Council A enda
(iL1 J<&
Date
Exhibit A
THE PROPOSED 2008 UPDATE OF THE
YEAR 2002 PARKS, TRAILS, & OPEN SPACE MASTER PLAN
FOR THE CITY OF LA PORTE, TEXAS
Exhibit B
A RESOLUTION ADOPTING
THE PROPOSED 2008 UPDATE OF THE
YEAR 2002 PARKS, TRAILS, & OPEN SPACE MASTER PLAN
FOR THE CITY OF LA PORTE, TEXAS
Public Hearing on 2008 Update of the
2002 Parks, Trails, and Open Space Master Plan
May 19, 2008
City Council Chambers
City of La Porte, Texas
Transcript of Public Comments:
Marlon Jackson, 10118 Roseberry Drive, La Porte, Texas, 77571.
Hello City Council, my name is Marlon Jackson, 10118 Roseberry Drive, La Porte,
Texas. I'm very supportive that y'all are going to re-Iook at this. Being involved with
baseball, for ever since I was 18, playing until I was 25, umpiring the game. The lack of
support that we're getting, it seems like, and that's coming from people out here at the
ballpark every day this new complex "oh, we're going to be there next year, we're going
to be there next year"; well, next year keeps coming around. Three years I was in
contact with the AAYBA the American Amateur Youth Baseball Association. They were
out of S1. Louis, Missouri, looking for a new host town for the World Series. Flower
Mound, Texas now has that World Series. Just in my son's age bracket alone there are
56 teams going to the World Series this year. And, you average that about 4 people per
family going to that, that's how much revenue the City's losing because we don't have a
big complex. Because our little complex that we have now, which I have yet to see
improvement on, other than being the support that we have as being volunteer based.
The sprinkler system's down, we can't get the fields watered, we cannot keep the right
moisture content in the clay, the kids are getting the strawberries, and the injuries there
this year. And I think that the City Council needs to re-evaluate the complex deal with
the City of Pasadena because the two people involved with the City of Pasadena, one
of them that I have talked to intensely, says "It's not gonna' fly". So I really think City
Council needs to re-Iook at this and maybe even look at Deer Park. Deer Park has
money allotted for a complex, and whether they want to involve La Porte or not I don't
know, but I do know also that, Barber's Hill is fixin' to build a major complex that's going
to draw tournaments all away from here to other areas.
Thank you.
May 19. 2008 Public Hearing Page 1 of 3
Kathryn Aguilar, 3119 Fondren, La Porte, Texas, 77571.
Hello Council, Kathryn Aguilar again, I did look at the City's plan for the parks and it was
on the website; I think Gretchen told us about it on the 13th and I looked at it before our
meeting on the 15th up here and in general its not all that specific about the parks,
there's no drawing of, for example, Sylvan Beach Park, it's just got a general drawing,
and you know the words (interjection by Mayor Porter "Sylvan Beach doesn't belong to
us. That belongs to Harris County.") Right, so that's not going to be within it, right. It
does mention Sylvan Beach Park though and it does talk about the Pavilion being an
important community asset and being worthy of being preserved, I guess that which
does mention that in the plan and I did wonder about I guess; this is not within the plan
it says that "where there are opportunities Bay Front area should be acquired and the
Bay Front area should be expanded in terms of parks. That speaks to Happy Harbor
and to whether or not the City would be acquiring that land because it would be an
extremely valuable addition as parkland and, you know, continuing on up the bay; I think
that's one thing, and I also noticed, I guess I personally noticed, that there really was no
emphasis on, you ,know, restroom facilities in the park, again that seems like just a
normal thing to want to have there, permanent restroom facilities and it just doesn't
seem to exist and certainly in Sylvan Beach Park and I'm not sure about the other La
Porte parks, and just a general comment; you know as a park person I have been to
many, many parks in the area and especially noticing the difference in building and
investment in parks for example in Houston, Memorial and Hermann Park. I've taken my
children to those parks as well as Sylvan Beach Park for at least 20 years you know and
in that time I've noticed so much more going on in Houston in terms of the parks and the
way they've been treated and valued and the amount of investment in them. Just for
example in Hermann Park they've added, they've rebuilt Miller Outdoor Theater, they
rebuilt the little train at the zoo, they rebuilt the reflection pond, near the... and they've
built the Japanese Garden which is, all of it beautiful, millions and millions of dollars
worth of projects. I realize that's Houston and not La Porte, but in that same time frame
the only thing I've noticed Sylvan Beach Park changing is adding the skateboard park,
which is good; I'm just saying, you know, there's just, I think we're not being aggressive
May 19, 2008 Public Hearing Page 2 of 3
in the way that we fund recreation and make opportunities to really improve Sylvan
Beach Park and that is going to be the thing that brings people to this area and make
the biggest financial difference to La Porte.
Thank you.
Phillip Hoot, 929 Seabreeze, La Porte, Texas, 77571.
Phillip Hoot again, I did read the Plan, I like the plan; I think there are some areas it
could possibly be tweaked but I think, overall, it's a good plan. I'd like to see y'all pass it
tonight, I hope you pass it tonight, and that's all I've got.
Thank you.
I certify that this is a true and accurate transcript of the public comments regarding the
2008 Update of the 2002 Parks, Trails, and Open Space Master Plan for the City of La
Porte.
~ il(t/;a,~LfL//
Martha Gillett, City Secretary
May 28, 2008
May 19, 2008 Public Hearing Page 3 of 3
RESOLUTION NO. 08- O~
A RESOLUTION ADOPTING THE 2008 UPDATE OF THE
YEAR 2002 PARKS, TRAILS, AND OPEN SPACE MASTER PLAN
FOR THE CITY OF LA PORTE, TEXAS
WHEREAS, the City Council of the City of La Porte recognizes the need to update the Year 2002 Parks and Open
Space Master Plan ("the Plan") to assess progress of the 2002 Master Plan goals, assessments,
standards, recommendations and strategies for implementation over the past six years, and for the next
five year period in an effort to provide for and continually improve park and recreational facilities,
provide trail and linear park opportunities, preserve open space in the City of La Porte; and rehabilitate
existing parks, and
WHEREAS, the primary objective of "the Plan and 2008 Update" is to provide recreational services desired by
citizens of La Porte, acquire needed open spaces and preserve natural resources, and
WHEREAS, in order to assess progress and address recreational needs in the future, the City of La Porte has sought
input from the citizens of La Porte through surveys, meetings with key user groups, workshop meetings,
a public hearing, and the Parks and Recreation staff; and that input has been incorporated into "the
Plan"; and
WHEREAS, "the Plan and 2008 Update" complies with Texas Parks and Wildlife Department grant guidelines which
require parks and recreation needs to be prioritized and addressed in an action plan format; and
WHEREAS, "the "Plan and 2008 Update" complies with guidelines of the Urban Parks and Recreation Recovery
Action Program; and
WHEREAS, the City Council determines that "the Plan and 2008 Update" is reasonable, having taken into
consideration the results of the initial studies conducted by Halff Associates for the City of La Porte, and
subsequent progress assessments undertaken by Parks & Recreation staff in 2008; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
I.
That the Year 2008 Update of the Year 2002 Parks and Open Space Master Plan for the City of La Porte, Texas,
is hereby officially adopted, attached hereto and incorporated herein for all intents and purposes.
II.
A multi-year Action Plan has been developed and progress assessments made in 2008 to prioritize
implementation of the Year 2002 Parks and Open Space Master Plan, guide the rehabilitation of existing parks, provide
guidance in the application of General Obligation Bond funding, and suggest alternative funding mechanisms. Adoption
of the Year 2008 Update of the Year 2002 Parks and Open Space Master Plan shall not commit the City of La Porte to
specific funding levels implementation strategies, but shall continue to provide a guidance plan for the City's vision for
availability and growth of park and recreational services.
PRESENTED AND PASSED on this theJ:tLkay of May 2008, by a vote Of~ yeas, and
a regular meeting of the City Council o!the City of La Porte, Texas,~ L:?~
Alton E. Porter, Mayor, City of La Porte, Texas
fA
nays at
ATTEST: .
~~j4;JJJJ
Ma a iIIett, City Secretary
,Date: 5 -It:) /ol_
APPROVED AS TO FORM:
~r~,Dme:
Clark 1. Askins, Assistant City Attorney
.t;"-~-or3
18/19
REQUEST FOR CITY COUNCIL AGENDA ITEM
Report: _Resolution: _Ordinance:...K...-
Appropriation
Source of Funds: N/A
Account Number: N/A
Amount Budgeted: N/A
Amount Requested: N/A
Budgeted Item: Yes No
Agenda Date Requested: Mav 19. 2008
Requested By: T;m T;etjeu, ~
Department: Plannin2:
Exhibits:
Ordinance
Area Map
Public Notice Response
SUMMARY & RECOMMENDATION
The Planning and Zoning Commission, during its April 17,2008, meeting, held a public hearing to receive citizen
comments regarding Special Conditional Use Permit (SCUP) Request #SCU08-001. The request, submitted by
Mr. Lindsay Pfeiffer of Pfeiffer & Son, Ltd., seeks approval of a Special Conditional Use Permit (SCUP) for an
off-site parking for existing facility located at 116 North 16th Street. Off-site parking is classified as a conditional
use per Section 106-441; Table A, Commercial Uses of the Code of Ordinances.
Pfeiffer & Son, Ltd., has been in business in La Porte for over forty years. The nature of the business pertains to fiber
optics and telecommunications, signal construction, general construction, electrical and telecommunication services,
and supplying to the area industries. Over the past years, the number of employees increased with the tremendous
growth of business. Parking has remained a concern for this facility. Off-site parking will serve as auxiliary parking
and will provide parking for its employees and contract workers.
The location of the subject property lies within flood zone "AE" and the floodway. The property is also within the
Little Cedar Bayou (F216) Watershed. Drainage/detention plan shows outfall to the road side ditch along West
Polk Street and outfalling to adjacent Little Cedar Bayou. The drainage study for Little Cedar Bayou (F-216-00)
requires 60' offset from the center line of the drainage channel. Proposed development site plan needs to show
center line of the drainage channel and dedication of drainage easement ranging from 11' to 34' wide within the
subject property. Detention/retention is proposed within the parking lot. The parking lot will be constructed in
accordance with the City's standard specifications. Landscaping and screening shall be required as per Section
106-444(a) of the Code of Ordinances.
Eight (8) notices of public hearing were mailed to neighboring property owners. Two responses were received in
favor of the SCUP. The Planning and Zoning Commission, by unanimous vote, recommends City Council
approval of Special Conditional Use Permit #SCU08-001 with the conditions listed in the SCUP.
Action Required bv Council:
1. Conduct public hearing.
nsider Planning and Zoning Commission recommendation to approve Special Conditional Use Permit
# CU08-00 1 for off-site parking for Pfeiffer & Son, Ltd.
s dO
Ron Bottoms, City Manager
Date
ORDINANCE NO. 1501- J)(p
.
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 #SCU08-001
FOR THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: 2.29 ACRE,
LOTS 1-32, BLOCK 686, TOWN OF LA PORTE, JOHNSON HUNTER SURVEY, ABSTRACT
35, LA PORTE, HARRIS COUNTY, TEXAS, FOR THE PURPOSE OF DEVELOPING OFF-
SITE PARKING FOR PFEIFFER & SON, LTD.; MAKING CERTAIN FINDINGS OF FACT
RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
"Section 1. The City Council of the City of La Porte hereby finds, determines and
declares that heretofore, to-wit, on the 1 ih day of April, 2008, at 6:00 p.m. a Public Hearing was
held before the Planning and Zoning Commission of the City of La Porte, Texas, pursuant to
due notice as required by the Open Meetings Law, Chapter 551, Texas Government Code, to
consider the question and the possible reclassification of the zoning classification of the
hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "A", and
incorporated by reference herein and made a part hereof for all purposes, a copy 6f Notice of
Public Hearing, which the City Council of the City of La Porte hereby finds was properly mailed
to all owners of all properties located within two hundred feet (200') of the properties under
consideration.
"Section 2. The publisher's affidavit of publication of notice of said hearing is attached
hereto as Exhibit "B", incorporated by reference herein and made a part hereof for all purposes.
"Section 3. Immediately following such public hearing on April 17, 2008, the Planning
and Zoning Commission of the City of La Porte met in a regular session to consider changes in
classification, which were the subject of such public hearing. The City Council of the City of La
Porte is in receipt of the written recommendations of the City of La Porte Planning and Zoning
Commission, by letter dated April 21, 2008, a true copy of which letter is attached hereto as
Exhibit "C", incorporated by reference herein and made a part hereof for all purposes.
ORDINANCE NO. 1501- fX,;
Page 2
"Section 4. Subsequent to receipt of the recommendation of the City of La Porte
Planning and Zoning Commission, the City Council of the City of La Porte called a public
hearing on the proposed classification changes and the recommendation of the Planning and
Zoning Commission on the 19th day of May, 2008, at 6:00 p.m., and pursuant to due notice, to
consider the recommendation of the Planning and Zoning Commission regarding the possible
reclassification of the zoning classification of the hereinafter described parcels of land. There is
attached to this Ordinance as Exhibit "0", incorporated by reference herein and made a part
hereof for all purposes, a copy of the notice of public hearing.
"Section 5.
The publisher's affidavit of publication of notice of said hearing is attached
hereto as Exhibit "E", and incorporated by reference herein and made a part hereof for all
purposes.
"Section 6.
The conditions of said Conditional Use Permit are as set forth in the
incorporated terms of the Special Conditional Use Permit, a true copy of which is attached
hereto as Exhibit "F". The description of said parcels of land classified pursuant to said Special
Conditional Use Permit is as follows, to-wit:
2.29 acres of land being lots 1 thru 32, block 686, Town of La Porte, Johnson Hunter
Survey, Abstract 35, La Porte, Harris County, Texas.
"Section 7.
The City Council of the City of La Porte hereby finds, determines, and
declares that all prerequisites of law have been satisfied and hereby determines and declares
that the amendments to the City of La Porte Zoning Map and Classification contained in this
Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives
stated in the City of La Porte's Comprehensive Plan.
"Section 8.
The City Council official finds, determines, recites and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall of the City for the time required
ORDINANCE NO. 1501~:D~
Page 3
by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas
Government Code; and that this meeting has been open to the public as required by law at all
times during which this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
"Section 9. This Ordinance shall be in effect from and after its passage and approval.
Passed and approved this the Pl't-day o~ 2008.
CITY~ ~ PORTE 'I.)
By:~L.t~
ALTON PORTER, Mayor
ATTEST:
By ~,~/J/
MART A GILLE ,City Secretary
By:
CCARK 1. ASKINS,
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the
La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 17th
day of April, 2008, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La
Porte, Texas. The purpose of this hearing is to consider Special Conditional Use Permit Request
#SCU08-001, which has been requested for a 2.29 acre tract described as lots 1 thru 32, block 686,
Town of La Porte, Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas. The
property is located in the 200 block of West Polk Street. Mr. Lindsay Pfeiffer, is seeking approval of
a permit for the development of an off-site parking lot for a business located at 116 N. 16th Street.
Off-site parking is classified as a conditional use in a Light Industrial (LI) zone.
A regular meeting of the Planning and Zoning Commission will follow the public hearing
for the purpose of acting upon the public hearing items and to conduct other matters pertaining to
the Commission.
Citizens wishing to address the Commission pro or con during the Public Hearing will be
required to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett, TRMC, CMC
City Secretary
A quorum of City Council members may be present and participate in discussions during this meeting, however, no
action will be taken by Council.
This facility has disability accommodations available. Requests for accommodations or interpretive services at
meetings should be made 48 hours prior to the meeting. Please contact the City Secretary's office at (281) 471-5020
or TDD Line (281) 471-5030 for further iriformation.
EXHIBIT
{-~
TheB
281-471-1234
Fax 281-471-5763
820 S. 8th Street
La Porte, Texas 77571
City of La Porte
County of Harris
State of Texas
RE: PUBLIC NOTICE
See 106-171 / SCU08-001
,
ti
':..(.?\. '....
V'
t "i>
.j .
\~
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J
)
\
,
Before me, the undersigned authority, on this date car,
appeared Adam Yanelli, a duly authorized representative
Bayshore Sun, a semi-weekly newspaper published and g
distributed in the City of La Porte, Harris County, Texas a
after being duly sworn, swears the attached notice was publ
The Bay he, undated 3/30/08
Sworn and subscribed before me this
March ,2008.
30th
~k~
Notary Public
Harris County , Texas
My Commission Exprires 03-13-2012
A\regul ;'meeting.' of ...il
Prarming .... '. and Zonil
. 'Comr)1is ,n will folic
, the . pu ' p hearing for tl
purpose; , of. acting up'
the' , p " 'lic . hearing . iter
and to conduct other m'
ters aining to tl
COm n. .
EXHIBIT
n
~Jc,,'
~
City of La Porte
Established 1892
April 21, 2008
Honorable Mayor Alton Porter and City Council
City of La Porte
Re: Special Conditional Use Permit #SCU08-001
Dear Mayor Porter and Council:
The La Porte Planning and Zoning Commission, during a regular meeting on April 17, 2008,
considered Special Conditional Use Permit #SCU08-00 I. Mr. Lindsay Pfeiffer, on behalf of
Pfeiffer & Son, Ltd., seeks approval to allow off-site parking for the existing facility located at 116
North 16th Street.
After consideration, the Planning and Zoning Commission, by a unanimous vote, recommends
that City Council consider approval of Special Conditional Use Permit #SCU08-001 with the
following conditions in place:
1. This Special Conditional Use Permit is specifically for off-site parking.
2. Off-site parking shall comply with all parking standards.
3. The drainage study for Little Cedar Bayou (F-216) may require additional right-of-way
acquisition adjacent to North 13th Street. Need for future right-of-way for Little Cedar Bayou
shall be noted on the plan.
4. Provide additional landscaping and show legend with type, number and size of plants/trees
proposed at site.
5. Screening and/or landscaping of parking lot shall be required in accordance with Section 106-
444(a) of the Code of Ordinances. Screening plan shall be approved by the City.
6. Property line fence shall not be erected within the required landscaped portion of any yard or
the front yard setback per Section 106-797 of the Code of Ordinances
7. If proposed in future, all lighting in the parking lot shall be hooded and arranged to deflect
light away from the adjoining properties in compliance with Section 106-521(a) of the Code
of Ordinances.
8. The Developer shall comply with all applicable laws and ordinances of the City and the State
of Texas.
Respectfully Submitted,
~~~
Chairperson, Planning and Zoning Commission
c:
Ron Bottoms, City Manager
John Joerns, Assistant City Manager
Clark Askins, Assistant City Attorney
Planning and Zoning Commission
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
EXHJBJTC'
SCU#08-001
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the
La Porte City Council will conduct a public hearing at 6:00 P.M. on the 19th day of May, 2008, in
the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose
of this hearing is to consider Special Conditional Use Permit Request #SCU08-00l, which has been
requested for a 2.29 acre tract described as lots 1 thru 32, block 686, Town of La Porte, Johnson
Hunter Survey, Abstract 35, La Porte, Harris County, Texas. The property is located in the 200
block of W. Polk Street. Mr. Lindsay Pfeiffer is seeking approval of a permit to develop an off-site
parking lot for the business located at 116 N. 16th Street. Off-site parking is classified as a
conditional use in a Light Industrial (LI) zone.
A regular meeting of the City Council will follow the public hearing for the purpose of
acting upon the public hearing items and to conduct other matters pertaining to the Council.
Citizens wishing to address the Council pro or con during the public hearing will be required
to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett, TRMC, CMC
City Secretary
A quorum of City Council members may be present and participate in discussions during this meeting, however, no
action will be taken by Council.
This facility has disability accommodations available. Requests for accommodations or interpretive services at
meetings should be made 48 hours prior to the meeting. Please contact the City Secretary's office at (281) 471-5020
or TDD Line (281) 471-5030 for further information.
EXHIBIT D
City of La Porte
Special Conditional Use Permit # SCU 08-001
This permit is issued to:
Lindsay Pfeiffer
Owner or Agent
116 North 16th Street. La Porte TX 77571
Address
For Development of:
ParkinQ Lot (Off-site)
Development Name
200 Block of West Polk Street. La Porte
Address
Legal Description:
Lots 1-32, Block 686, Town of La Porte, Johnson Hunter Survey,
Abstract No. 35, La Porte, Harris County, Texas.
Zoning:
Lioht Industrial (L1)
Use:
ParkinQ Lotllaydown yard
Permit Conditions:
1. This Special Conditional Use Permit is specifically for off-site parking.
2. Off-site parking shall comply with all parking standards.
3. The drainage study for Little Cedar Bayou (F-216) may require additional right-of-way
acquisition adjacent to North 13th Street. Need for future right-of-way for Little Cedar Bayou
shall be noted on the plan.
4. Provide additional landscaping and show legend with type, number and size of plants/trees
proposed at site.
5. Screening and/or landscaping of parking lot shall be required in accordance with Section 106-
444(a) of the Code of Ordinances. Screening plan shall be approved by the City.
6. Property line fence shall not be erected within the required landscaped portion of any yard or
the front yard setback per Section 106-797 of the Code of Ordinances
7. If proposed in future, all lighting in the parking lot shall be hooded and arranged to deflect light
away from the adjoining properties in compliance with Section 1 06-521 (a) of the Code of
Ordinances.
8. The Developer shall comply with all applicable laws and ordinances of the City and the State of
Texas.
Failure to begin construction within 12 months after issuance or as scheduled under the terms of a special
conditional use permit shall void the permit as approved, except upon an extension of time granted after
application to the Planning and Zoning Commission.
If construction is terminated after completion of any stage and there is ample evidence that further development is
not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City
Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La
Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped.
Validation Date: ) - /9 ---0 t
'-1JldJd4- ~
City Secretary
EXHIBll F
820 S. 8th Street
La Porte, Texas 77571
281-471-1234
Fax 281-471-5763
TheB
're SUD
City of La Porte
County of Harris
State of Texas
RE: Public Notice
Section 106-171
Special Conditional
Use Permit Request
#SCU08-001
Before me, the undersigned authority, on this date came and
appeared Adam Yanelli, a duly authorized representative of The
Bayshore Sun, a semi-weekly newspaper published and genera'"
distributed in the City of La Porte, Harris County, Texas and whcsTATEPFTEM,
after being duly sworn, swears the attached notice was published il,g~~~~~~
The Bayshor n a d April 27, 2008'
Sworn and subscribed before me this
April ,2008.
29th
day
~
Notary Public
Harris County, Texas
My Commission Exprires 03-13-2012
Ullnllllllllll 111111111111 n 111'111111 II I II~~~I ~
= ~"'"v Pv!'< DEBORAH SUE ST ::
E' ~@iJ'" NOTARY PUBLIC ::
=.. ~ * STATE OF TEXAS =
="'~>t ",.+" Comm, Exp, 03-13-2012 =
5,," III;; IIIH 111111111111 n 1111111111111111111111 n
EXHIBIT E
In " .accqrjJanceX' h : I
provisions ,,' pf,: ,SeCt
, 106-171 of, the oiJe
Ordinances'of(h City,
!La:P()rte,and'l!,,:pro
sions of the, 1< as 10e
Government ' ',' hbti
is hereby give,that.>tl
lal;'orll!,Qity o~ncI( V
~fn~i~'~M.P,u, cih~
day of May,' ," .,Jin ,It
CounciICryam rs.il1tt
City Hall; '604 W~s't,Fai
',mOnt' 'Parkway, i'La{Porl
( Ie~fls. ,i,:Tl:!1l py~Se i
this lJearil]gj 10.,00l]si91
Special" Con ionaluUs
,Permit ,., ,,; .. 'i:,' ',Rl!CIue:
#SCUOll.()()I, " ich, ha
beenreq ',' 01'82,2
acre <Iracj, ,nbed , ,a
lots L tI1rU, , 'bloc!< 68f
Town, ()f,,~a . Porte, ' John
, son Huryter Sqrvey; , , Ab
slract "35,' 'Porte,', Harn:
County, " " " Tf! s,:,:,', ;rhl
property, is ,aied ,in .thE
200)loCk 01' W>PolI
.Street ,:Mr., Lindsay; Pfeff
fer is, see 9approval. 0
. a' perlllii 0' Ol!velop "ar
off-sne'pa ing lot for the
business ated : al t t €
N. 16th,Slreet::,Ott-,sile
parking' iclassffiea ~ as "a
condilion use In a Ughl
Industrial . I) zone. ": :C,
. A regul r meeting 01 the
cny ncil will follow the
public .'eari~g' for the, pur-
pose. J' f. acting upon the
P,UbIiC. hear, in, 9 item, {an, d
I 10 c duct;, other .' mailers
p~~a7.' 'n~ .to:~e. Cou~c, iI.
Cttlze s .... wishing: to .<ad-
dres ' the Council pro' , or
~~Z/nl~:~gbe ,1~quirft~6
sign in before the meeting
is convened.
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: SCU-08-001
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A Meeting of the La Porte
Planning & Zoning Commission
(Type of Meeting)
Scheduled for
IfDJ [E @ [E 0 [JJ [E InJ
'UIJ APR 0 8 2008 m
Apri117,2008
(Date of Meeting)
By
=-
to Consider
Special Conditional Use Permit#SCU08-001
(Type of Request)
I have received notice of the above referenced public hearing.
I am in FA VO R of granting this request for the following reasons:
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I am OPPOSED to granting this request for the following reasons:
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Address
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City, State, Zip
A Meeting of the La Porte
Scheduled for
Planning & Zoning Commission
(Type of Meeting)
April 17, 2008
(Date of Meeting)
to Consider
Special Conditional Use Permit#SCU08-001
(Type of Request)
I have received notice of the above referenced public hearing.
I am in FAVOR of granting this request for the following reasons:
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I am OPPOSED to granting this request for the following reasons:
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20
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Reqnested: Ma:y.
Requested By: Michael Dol
Appropriation
Source of Funds: N/A
Department: Finance
Account Number:
Report:
Resolution: XX Ordinance:
Amount Budgeted:
Exhibits:
Resolution
Amount Requested:
Exhibits:
Recommendations to Fiscal Affairs Committee Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
On April 28, 2008 list of property was approved by the Fiscal Affairs Committee for resale.
Tract 1: Resale Property P006 offer amount $28,437.11
Tract 2: Resale Property P008 offer amount $4,000.00
Tract 3: Resale Property P041 offer amount $5,000.00
Tract 4: Resale Property P048 offer amount $16,512.84
Tract 5: Resale Property P057 (A) offer amount $1,600.00
Tract 6: Resale Property P057 (B) offer amount $3,100.00
Tract 7: Resale Property P071 offer amount $800.00
Tract 8: Resale Property P073 offer amount $17,500.00
Tract 9: Resale Property P132 offer amount $6,500.00
Tract 10: Resale Property P140 offer amount $5,300.00
Tract 11: Resale Property P144 offer amount $6,318.05
Tract 12: Resale Property P169 offer amount $2,000.00
Tract 13: Resale Property P196 offer amount $4,500.00
Tract 14: Resale Property P207 offer amount $6,000.00
Tract 15: Resale Property P208 offer amount $7,500.00
Tract 16: Resale Property P209 offer amount $11,180.00
Tract 17: Resale Property P223 offer amount $6,250.00
Tract 18: Resale Property P217 offer amount $15,200.00 <$100 DO
T{aJ- ,Dr " R..I~ rfl{D~.p{-tY p I ~~ oC .fB-r {) >>vi D'( ~ .
ACTION REQUIRED BY COUNCIL:
Approve resolution authorizing the resale of the tax foreclosed properties.
ACCT NUM:
FUNDS AVAILABLE:
CITY COUNCIL AGENDA
t{ !rJ ()'iJ
DATE
RESOLUTION 08- 01
RESOLUTION AUTHORIZING THE RESALE OF CERTAIN PROPERTY
WHEREAS the City of La Porte (City), in the course of its function as a taxing entity in the State of
Texas, obtains title to real property in the capacity as Trustee for itself and other taxing units that tax the
property; and
WHEREAS it is necessary for various reasons that some of the property so obtained must be resold by
the taxing units for less than the aggregate amounts of taxes, penalties, interest and costs; and
WHEREAS Section 34.05 of the Texas Property Tax Code requires that when real property is sold for
less than the aggregate amount of taxes, penalties, interest and costs, the sale must be approved by all
taxing units that tax the property; and
WHEREAS the City has adopted procedures designed to provide all parties the opportunity to submit
offers to purchase such real property and to secure the best offer for such property that is sufficient to pay
at least the costs of suit and sale of such property; and
WHEREAS it is desirable that resale of the property be free and clear of all claims of the taxing units, for
all taxes, penalties interest and costs that have accrued up to the date of resale
BE IT RESOL YED BY THE CITY COUNCIL OF THE CITY OF LA PORTE,
Section 1. That the City of La Porte, as Trustee, resells the real properties described in the attached
Exhibit "A", for the amounts set for on said Exhibit "A", in full satisfaction of taxes, penalties, interest
and costs that have accrued on the property up to the date of sale.
Section 2. That the City Council officially finds, determines, recites and declares that a sufficient written
notice of the date, hour, place and subject of this meeting of the City Council was posted at a place
convenient to the public at the offices of City of La Porte for the time required by law preceding this
meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this
meeting has been open to the public as required by law at all times during which this resolution and the
subject matter thereof has been discussed, considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the contents and posting thereof.
PASSED AND APPROVED this the 19th day of May 2008.
CITY u::;~s
~.I~
Alton Porter, M'ayor
ATTEST:
APPROVED:
~r~fJo/'
Knox Askins, City Attorney I
22
'~;e mAY jqJ/- 03f1lJt/
Please add to City Council Agenda requesting to change Ordinance No.
2646- Establishing City Council Meetings under Section 1-211 "Addressing
the Council" (B) Oral Communications (1).... that will allow Citizens, Tax
Payers to sign up on Council meeting nights to speak on any subject
regardless of whether the item is on the agenda. (limited to five minutes)
1. City Council member signature:
9v~
ORDINANCE NO. 2003- ~ (p 4~- A
AN ORDINANCE ESTABLISHING ORGANIZATION AND PROCEDURES FOR CITY
COUNCIL MEETINGS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1-201. Regular Meetings.
(A) Time. The City Council shall hold regular meetings on the second and
fourth Monday of each month, at 6:00 o'clock p.m.; provided, however,
that when the day fixed for any regular meeting of the Council falls upon a
day designated by law as a legal or national holiday, such meeting shall
be held on such other date as determined by City Council.
(B) Time. The City Council shall hold special or workshop meetings, if
necessary, on the third Monday of each month, at 6:00 o'clock p.m., or at
such other date and time as may be determined under Section 1-202
Special Meetings, hereof; provided, however, that when the day fixed for
any special or workshop meeting of the Council falls upon a day
designated by law as a legal or national holiday, such meetings shall be
held on such other date as determined by City Council.
(C) Place. All regular, special, and workshop meetings of the City Council
shall be held in the Council Chambers, City Hall, 604 West Fairmont
Parkway, in the City of La Porte, Harris County, Texas, unless otherwise
directed by City Council, or required by law.
Section 1-202. Special Meetings. The Mayor on his own motion or at the
request of the City Manager shall call special meetings of the City Council whenever in
their opinion the public business may require it, or at the express written request of any
three (3) members of the City Council. Such written request shall be filed with the City
Secretary, and shall contain the agenda item requested for the special meeting.
Whenever a special meeting shall be called, written notice thereof shall be delivered to
each member of the Council, or, if written notice cannot be timely delivered, telephone
notice shall be given, stating the date and hour of the meeting and the purpose for
which such meeting is called.
Section 1-203. Agenda. The Mayor, the City Manager, or the City Attorney, or
any three (3) members of the City Council by written request, may place an item on a
City Council agenda. The written request by three (3) members of City Council shall be
filed with the City Secretary, and shall contain the agenda item requested. All reports,
communications, ordinances, resolutions, contract documents, or other matters to be
submitted to the Council shall, at least seven (7) days prior to each Council meeting, be
delivered to the City Secretary, whereupon the City Secretary shall immediately arrange
a list of such matters according to the Order of Business and furnish each member of
the Council, the Mayor, the City Manager, and the City Attorney with a copy of the same
prior to the Council meeting and as far in advance of the meeting as time for preparation
will permit. None of the foregoing matters shall be presented to the Council by the
administrative officials except those of an urgent nature, and the same, when so
presented, shall have the written approval of the City Manager before presentation.
Section 1-204. The Presiding Officer--Duties. The presiding officer of the
Council shall be the Mayor. The Presiding Officer shall preserve strict order and
decorum at all regular and special meetings of the Council. He shall state every
question coming before the Council, announce the decision of the Council on all
subjects and decide all questions of order, subject, however, to an appeal to the
Council, in which event a majority vote of the Council shall govern and conclusively
determine such question of order. He shall be entitled to vote on all questions. He shall
sign all ordinances and resolutions adopted by the Council during his presence. In the
event of the absence of the Mayor, the Mayor Pro Tem shall sign ordinances or
resolutions as then adopted.
Section 1-205.Call to Order--Presiding Officer. The Mayor, or in his absence,
the Mayor Pro Tem, shall take the chair precisely at the hour appointed for the meeting,
and shall immediately call the Council to order. In the absence of the Mayor or the
Mayor Pro Tem, the City Secretary, or his or her Assistant, shall call the Council to
order, whereupon a temporary chairman shall be elected by members of the Council
present. Upon arrival of the Mayor or the Mayor Pro Tem, the temporary chairman shall
immediately relinquish the chair upon the conclusion of the business immediately before
the Council.
Section 1-206. Roll Call. Before proceeding with the business of the Council,
the City Secretary, or his or her deputy shall note in the minutes, the names of those
present. Late arrivals or departures of Council members shall be noted by the Presiding
Officer, and recorded by the City Secretary in the minutes.
Section 1-207. Quorum. A majority of all the members elected to the Council
shall constitute a quorum at any regular or special meeting of the Council. In the
absence of a quorum, the Presiding Officer shall, at the request of any three (3)
members present, compel the attendance of absent members.
Section 1-208. Order of Business. All meetings of the Council shall be open
to the public, in accordance with the Texas Open Meetings Law. Promptly at the hour
set by law on the day of each regular meeting as posted as required by law, the
members of the Council, the City Secretary, the City Attorney, the Mayor, and the City
Manager, shall take their regular stations in the Council Chambers, and the business of
the Council shall be taken up for consideration and disposition in the following order:
1. Invocation and Pledge of Allegiance.
2. Proclamations and Presentations.
3. Consent Agenda. (Any member of the Council may remove any item from
the Consent Agenda for discussion.) These items are typically routine in
nature.
a. Approval of minutes of previous meeting.
2
b. Purchases, Contracts, or Transactions.
4. Petitions, remonstrances, communications, and citizens and taxpayers
wishing to address the Council.
5. Public Hearings.
6 New Business:
a. Introduction and adoption of resolutions and ordinances.
b. Receive reports and recommendations from City staff.
c. Report of Officers-Boards-Committees.
7. Previously tabled items.
8. Executive Session.
9. Workshop Items.
11. Administrative Reports.
12. Council Comments.
13. Adjournment.
Section 1-209. Reading of Minutes. Unless a reading of the minutes of a
Council meeting is requested by a member of the Council, such minutes may be
approved without reading if the City Secretary has previously furnished each member
with a copy thereof.
Section 1-210. Rules of Debate.
(A) Presidinq Officer May Debate and Vote. Etc. The Mayor or Mayor Pro
Tem, or such other member of the Council as may be presiding may
move, second and debate from the chair, subject only to such limitations
of debate as are by these rules imposed on all members and shall not be
deprived of any of the rights and privileges of a Councilperson by reason
of his acting as the Presiding Officer.
(B) Gettinq the Floor-Improper References to be Avoided. Every member
desiring to speak shall address the Chair, and, upon recognition by the
Presiding Officer, shall confine himself to the question under debate,
avoiding all personalities and indecorous language.
(C) Interruptions. A member, once recognized, shall not be interrupted when
speaking unless it be to call him to order, or as herein otherwise provided.
If a member, while speaking, be called to order, he shall cease speaking
until the question of order be determined, and, if in order, he shall be
permitted to proceed.
(D) Privileqe of Closinq Debate. The Councilperson moving the adoption of
an ordinance or resolution shall have the privilege of closing the debate.
(E) Motion to Reconsider. A motion to reconsider any action taken by the
Council may be made only on the day such action was taken. It may be
made either immediately during the same session, or at a recessed or
adjourned session thereof. Such motion must be made by one of the
prevailing side, but may be seconded by any member, and may be made
3
at any time and have precedence over all other motions or while a
member has the floor; it shall be debatable. Nothing herein shall be
construed to prevent any member of the Council from making or remaking
the same or any other motion at a subsequent meeting of the Council.
(F) Remarks of Councilperson--When Entered in Minutes. A Council person
may request, through the Presiding Officer, the privilege of having an
abstract of his statement on any subject under consideration by the
Council entered in the minutes. If the Council consents thereto, such
statement shall be entered in the minutes.
(G) Synopsis of Debate--When Entered in Minutes. The City Secretary may
be directed by the Presiding Officer, with consent of the Council, to enter
in the minutes a synopsis of the discussion on any question coming
regularly before the Council.
Section 1-211. Addressing the Council. Before each meeting of City Council
the City Secretary shall place public comment cards on the table in the rear of the
Council Chambers, on which any taxpayer or resident, or his authorized representative,
or any member of the public, may sign his name and address, and indicate the subject
matter on which he wishes to speak or submit a written communication.
(A) Oral Communications. Individuals may address the Council by oral
communication in regard to matters appearing on the City Council
agenda, or any other subject matter, by completing all requested
information on the public comment card, and placing said public comment
card in the box located on the table in the rear of the Council Chambers,
not later than five (5) minutes before commencement of the meeting.
Oral communication to Council shall be in the manner provided in Section
1.212 hereof.
(B) Written Communications. Individuals may address the Council by written
communication in regard to matters appearing on the City Council
agenda, or any other subject matter, by completing all requested
information on the public comment card, and placing said public comment
card, along with the proposed written communication, in the box located
on the table in the rear of the Council Chambers, not later than five (5)
minutes before commencement of the meeting.
Section 1-212. Manner of Addressing Council
(A) Time Limit. Each person addressing the Council shall step up to the
podium, shall give his name and address in an audible tone of voice for
the records, and unless further time is granted by the Council, shall limit
his address to five (5) minutes. All remarks shall be addressed to the
Council as a body and not to any member thereof. No person, other than
the Council and the person having the floor shall be permitted to enter
into any discussion, either directly or through a member of the Council,
4
without the permission of the Presiding Officer. No question shall be
asked to a Councilperson except through the Presiding Officer. Any such
question shall be referred by City Council to the City manager, for further
handling.
(B) Limits on Repetitive or Redundant Presentations. The City Council shall
have the right to place reasonable limits on the number, frequency, and
length of presentations made during the comment period, in accordance
with law. For such purposes the City Council may limit the number of
persons who speak on a particular subject at a meeting, and the length of
the individual presentations made, on such topic; accordingly, the City
Council may place reasonable limits on the number of occasions that a
person or persons speak on a particular subject, at successive Council
meetings. Subject to the foregoing, the City Council shall not place limits
on discussion of specific subject matter as it relates to any constitutionally
guaranteed right of freedom of speech, or otherwise discriminate against
a particular point of view.
Section 1-213. Addressing the Council After Motion Made. After a motion is
made by the Council, no person shall address the Council without first securing the
permission of the Council so to do.
Section 1-214. Silence Constitutes Affirmative Vote. Unless a member of the
Council states that he is not voting, his silence shall be recorded as an affirmative vote.
Section 1-215. Decorum.
(A) Bv Council Members. While the Council is in session, the members must
preserve order and decorum, and a member shall neither, by
conversation or otherwise, delay or interrupt the proceedings or the peace
of the Council nor disturb any member while speaking or refuse to obey
the orders of the Council or its Presiding Officer, except as otherwise
herein provided.
(B) Bv Persons. Any person making personal, impertinent, or slanderous
remarks or who shall become boisterous while addressing the Council
shall be forthwith, by the Presiding Officer, barred from further audience
before the Council, unless permission to continue be granted by a
majority vote of the Council.
Section 1-216. Enforcement of Decorum. The Chief of Police, or such
member or members of the Police Department as he may designate, shall be Sergeant-
at-Arms of the Council meetings. He, or they, shall carry out all orders and instructions
given by the Presiding Officer for the purpose of maintaining order and decorum at the
Council meeting. Upon instructions of the Presiding Officer, it shall be the duty of the
Sergeant-at-Arms, or any of them present, to place any person who violates the order
and decorum of the meeting under arrest, and cause him to be prosecuted under the
provisions of this Code, the complaint to be signed by the Presiding Officer.
5
Section 1-217. Persons Authorized to be at Tables. No person shall be
permitted to be at the two tables in front of the Council table, without the express
consent of the Council.
Section 1-218. Special Committees.
appointed by majority vote of the Council.
Section 1-219. Members May File Protests Against Council Action. Any
member shall have the right to have the reasons for his dissent from, or protest against,
any action of the Council entered on the minutes.
All special committees shall be
Section 1-220. Claims Against City. No account or other demand against the
City shall be allowed until the same has been considered and reported upon by the City
Manager and the City Attorney.
Section 1-221. Ordinances, Resolutions, Motions and Contracts.
(A) Preparation of Ordinances.AII ordinances shall be approved by the
City Attorney. No ordinance shall be prepared for presentation to the
Council unless ordered by three (3) members of the Council, or requested
by the City Manager, or prepared by the City Attorney on his own
initiative, in consultation with the City Manager.
(8) Prior Approval by Administrative Staff. All ordinances, resolutions
and contract documents shall, before presentation to the Council, have
been approved as to form and legality by the City Attorney or his
authorized representative, and shall have been examined and approved
for administration by the City Manager or his authorized representative,
where there are substantive matters of administration involved.
(C) Introducinq for Passaqe or Approval.
(1) Ordinances, resolutions, and other matters or subjects
requiring action by the Council must be introduced and
sponsored by a member of the Council, except that the City
Manager or City Attorney may present ordinances,
resolutions, and other matters or subjects to the Council, and
any Councilperson may assume sponsorship thereof by
moving that such ordinances, resolutions, matters or subjects
be adopted; otherwise, they shall not be considered.
(2) An ordinance may have final passage on the same day on
which it was introduced.
(3) No ordinance shall relate to more than one subject, which
shall be clearly expressed in its title, and no ordinance, or
section thereof, shall be amended or repealed unless the new
6
ordinance contains the title of the ordinance or section
amended or repealed, and when practical all ordinances shall
be introduced as amendments to existing ordinances or
sections thereof.
(4) Any resolution providing for the appropriation of money shall
designate the particular fund from which the appropriation is
to be made.
Section 1-222. Reports and Resolutions to be Filed with the City Secretary.
All reports and resolutions shall be filed with the City Secretary and entered on
the minutes.
Section 1-223. Adjournment. A motion to adjourn shall always be in order and
decided without debate.
Section 1-224. Executive Sessions. Every regular, special or called meeting
or session of City Council shall be open to the public. No closed or executive meeting
or session of City Council for any of the purposes for which closed or executive
meetings or sessions are authorized by the Open Meetings Law, Chapter 551, Texas
Government Code, shall be held unless City Council has first been convened in open
meeting or session for which lawful notice has been given and during which meeting or
session the Presiding Officer has publicly announced that a closed or executive meeting
or session will be held and identified the section or sections of said Act authorizing the
holding of such closed or executive session. No final action, decision, or vote with
regard to any matter considered in the closed meeting shall be made except in a
meeting which is open to the public and in compliance with the notice provisions of the
Act.
Section 1-225. Open Meetings Law Notice. 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 1-226. Repeal. Ordinance No. 1435 and Ordinance No. 1435-A are
repealed as of the effective date hereof.
Section 1-227. Effective Date. This ordinance shall be effective from and after
its passage and approval.
7
PASSED AND APPROVED. this 'fJ!!:day OfGfnr . 2008.
CITY OF LA PORTE
By: ~?~
Alton E. Porter, Mayor
ATTEST:
~tL (j (t,dI/
Mart a A. Gillett, CI y Secretary
APPROVED:
~T~
Clark T. Askins, City Attorney
8
26/27
A
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Da.. Requested, 05119/2008 7-
Requested By: C.hip.f Riehard Rp.tT ~
Bud2et
Source of Funds:
N/A
Department: City Couacil
Account Number:
Report: xx Resolution:
Ordinance:
Amount Budgeted:
Exhibits: Copy of Penal Code 30.06
Amount Requested:
Exhibits: Sample ofwordin2 for si2na2e
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
Under the Texas Penal Code Section 30.06 Trespass by Holder of License to Cary Concealed Handgun a
person who carries a handgWI WIder Subchapter H, Chapter 411, Government Code (concealed handgun
license) commits an offense if he enters or remains on property where a concealed handgun is forbidden.
This law states that the person has to receive notice either orally or by written notice.
The requirement for a written notice must be specifically constructed in English and Spanish. This notice
or sign has to be in contrasting colors and the characters must be at least one inch in height. A copy of the
text of this notice is attached.
Due to the size of this sign, previous COWIcils have elected to not post the necessary signage at all of the
entrances to City Hall.
Action Required bv Council:
~ j, if (0'6
Date
feder-
I.
r this
ffense
,rvices
ection
in the
Kigent
lass C
abita-
eapon
mmis-
lassA
(a) is
!nse is
er;
facil-
on or
of the
ithout
1 pro-
other
mdof
vithin
when
idden
do so.
r this
,perty
3 that
j
:ealed
chap-
carry
"Y the
. this
vitch-
'yard
'esen-
ir the
seq.).
vhich
s the
!ction
as to
56
57
PENAL CODE
whether the defendant entered or remained on or
in a critical infrastructure facility as part of a
peaceful or lawful assembly, including an attempt
to exercise rights guaranteed by state or federal
labor laws. If the defendant proves the issue in
the affirmative by a preponderance of the evi-
dence, the increase in punishment provided by
Subsection (d)(l)(C) does not apply.
(i) This section does not apply if:
(1) the basis on which entry on the property
or land or in the building was forbidden is that
entry with a handgun or other weapon was
forbidden; and
(2) the actor at the time of the offense was a
peace officer, including a commissioned peace
officer of a recognized state, or a special inves-
tigator under Article 2.122, Code of Criminal
Procedure, regardless of whether the peace
officer or special investigator was engaged in
the actual discharge of an official duty while
carrying the weapon.
(j) For purposes of Subsection (i), "recognized
state" means another state with which the attor-
ney general ofthis state, with the approval of the
gnvernor of this state, negotiated an agreement
after determining that the other state:
(1) has firearm proficiency requirements for
peace officers; and
(2) fully recognizes the right of peace officers
commissioned in this state to carry weapons in
the other state.
IActs 1997 75th Leg., ch. 1229, effective Septem-
ber 1, 1997; Acts 1999 76th Leg., Chs. 161, 169,
165, effective September 1, 1999; Acts 2001 77th
Leg., ch. 1420, effective September 1, 2001; Acts
2003 78th Leg., Chs. 1078, 1178, 1276 ~ 3, effec-
tive September 1,2003; Acts 2005 79th Leg., ch.
1093 (H.B. 2110), effective September 1, 2005;
Acts 2005 79th Leg., ch. 1337 (S.B. 9), ~~ 20, 21,
effective June 18, 2005; Acts 2007, 80th Leg., ch.
921 <H.B. 3167), ~~ 17.001(61),17.002(13), effec-
tive September 1, 2007.)
SeC. 30.06. Trespass by Holder of Li-
cense to Carry Concealed Handgun.
(a) A license holder commits an offense if the
license holder:
(1) carries a handgun under the authority of
Subchapter H, Chapter 411, Government Code,
on property of another without effective con-
sent; and
(2) received notice that:
(A) entry on the property by a license
holder with a concealed handgun was forbid-
den; or
(B) remaining on the property with a con-
cealed handgun was forbidden and failed to
depart.
(b) For purposes of this section, a person re-
ceives notice if the owner of the property or
someone with apparent authority to act for the
owner provides notice to the person by oral or
written communication.
(c) In this section:
(1) "Entry" has the meaning assigned by
Section 30.05(b).
(2) "License holder" has the meaning as-
signed by Section 46.035<0.
(3) "Written communication" means:
(A) a card or other document on which is
written language identical to the following:
"Pursuant to Section 30.06, Penal Code (tres-
pass by holder of license to carry a concealed
handgun), a person licensed under Subchap-
ter H, Chapter 411, Government Code (con-
cealed handgun law), may not enter this
property with a concealed handgun"; or
(B) a sign posted on the property that:
(i) includes the language described by
Paragraph (A) in both English and Span-
ish;
(ii) appears in contrasting colors with
block letters at least one inch in height;
and
(iii) is displayed in a conspicuous man-
ner clearly visible to the public.
(d) An offense under this section is a Class A
misdemeanor.
(e) It is an exception to the application of this
section that the property on which the license
holder carries a handgun is owned or leased by a
governmental entity and is not a premises or
other place on which the license holder is prohib-
ited from carrying the handgun under Section
46.03 or 46.035.
(Acts 1997 75th Leg., ch. 1261, effective Septem-
ber 1, 1997; Acts 1999 76th Leg., ch. 62, effective
September 1, 1999; Acts 2003 78th Leg., ch. 1178,
effective September 1/ 2003.)
11/
8
i
rt
CHAPTER 31
THEFT
Section
31.01.
31.02.
31.03.
31.04.
31.05.
31.06.
31.07.
31.08.
31.09.
31.10.
31.11.
Definitions.
Consolidation of Theft Offenses.
Theft.
Theft of Service.
Theft of Trade Secrets.
Presumption for Theft by Check.
Unauthorized Use of a Vehicle.
Value.
Aggregation of Amounts Involved in Theft.
Actor's Interest in Property.
T-ampering with Identification Numbers.
PROHIBITING HANDGUNS IN A BUSINESS
OR OTHER ENTITY
"PURSUANT TO SECTION 30.06, PENAL CODE (TRESPASS BY HOLDER OF
A LICENSE TO CARRY A CONCEALED HANDGUN) A PERSON LICENSED
UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE
(CONCEALED HANDGUN LAW), MAY NOT ENTER THIS PROPERTY WITH A
CONCEALED HANDGUN."
"CON FORME A LA SECCI6N 30.06 DEL CODIGO PENAL (TRASPASAR
PORTANDO ARMAS DE FUEGO) PERSONAS CON LICENCIA BAJO DEL
SUB-CAPITULO H, CAPITULO 411, CODIGO DE GOBIERNO (LEY DE
PORTAR ARMAS), NO DEBEN ENTRAR A ESTA PROPIEDAD PORTANDO
UN ARMA DE FUEGO."
City of La Porte
Police Department
Interoffice Memorandum
Date: May 19,2008
To: Mr. Ron Bottoms and Honorable Members of City Council
From: Assistant ChiefR. K. Parker
Subject: Briefing Paper on Carrying of Firearms into City Hall
I was asked to prepare a briefing paper on the legality of carrying firearms into city hall. After
careful review of various statutes and codes, it is the position of the police department that the
carrying of firearms by citizens into city hall is legal and cannot be prohibited in most situations,
but may be illegal in very specific situations.
The law is very clear under the Texas Penal Code, Chapter 46.03, that persons may not enter
certain premises with weapons, whether concealed or not, such as:
1. Educational facilities and property.
2. Places where polling is being conducted.
3. Where court is being held and where court offices are located.
4. On the premises of a racetrack.
5. Within 1000 ft of a TDC facility on the day of an execution, where the execution is
scheduled to take place.
6. Into secured areas of a law enforcement facility.
No notice of such prohibition is required under these specific circumstances.
The Texas Local Government Code, Chapter 411.204 restricts such carrying of weapons in
additional locations such as:
1. Places where alcohol is sold and consumed.
2. Hospitals and nursing homes.
In these circumstances notice by signage is required advising citizens of the illegality of carrying
weapons for a violation of law to have occurred.
The Texas Penal Code, Chapter 30.06, further allows certain property owners to restrict carrying
of weapons with proper notice given to potential violators. This particular statute would be
applicable to private property owners such businesses, stores, etc.
There are few exceptions with each of these references, such as: the person is a law enforcement
officer or a member of the armed forces in execution of his duties, and a few others.
CitlJ aILa Porte Police Department
3001 North 2.}<<lStreet
LaPorte,TX77571
281-471-3810 Fax: 281-470-1590
However, after further research, we found that Penal Code, Chapter 46.035, section c states, a
license holder licensed to carry a concealed handgun commits an offense of Unlawful Carrying
of Handgun by License Holder if:
"The license holder intentionally, knowingly, or recklessly carries a handgun under the authority
of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is
concealed, at any meeting of a governmental entity. "
An offense under this particular law is a Class A misdemeanor. A Class A Misdemeanor is
punishable by a fine not exceed $4,000 and/or confinement in the county jail not to exceed one
year. This is the only statute located that appears to address the carrying of weapons into city
hall.
As amended in 2007 under 46.035, section i, a violation does not apply under this particular
statute unless the violator was given effective notice as under Penal Code 30.06. This notice may
be by oral, or written communication. Written communication may consist of the required
signage as described with specific details, or it may be a simple card that is handed out to the
public.
Given this particular finding, it is the opinion of the police department that prohibition against
carrying weapons may be enforced at any location where a governmental meeting is being held,
whether at city hall, a town hall meeting at another location, etc. as the statue does not go into the
location of such meeting, nor does it define specifically what kind of meeting must be taking
place, only that it be a meeting of a governmental entity.
The governmental meeting in our opinion may be a city council meeting, a commission meeting
of some type, or any other meeting involving city government business where the public has
access.
We are of the opinion that the statute is only enforceable during times when government
meetings are taking place. For instance, if someone comes in to city hall to obtain a building
permit, pay a water bill, complete an employment application, or conduct usual business, there is
no violation of law. They must be attending a governmental meeting in order for the statute to
apply.
In addition to the information I have provided thus far, it should be noted that there is a "catch
all" section in the Government Code 411.207, entitled "Authority of Peace Officers to Disarm ".
It states in summary, that officers may disarm persons in any situation if they have reason to
believe that danger may occur, or to protect other persons and property from those carrying
weapons, whether concealed or not and whether licensed or not. The suspicion of potential threat
or danger should be able to be articulated by the officer. Once the threat subsides and the
situation ended, the weapon is released back to the owner unless he was placed into custody and
was charged with a crime.
In summary, under current statutes and codes, we may not restrict the carrying of firearms into
city hall by the public when they are there to carry out usual and customary business. However,
the Penal Code states it is a violation of state law for a person with a concealed carry license to
carry a handgun into any meeting of a governmental body. As previously noted, notice is
required to the public under these circumstances. The notice may be by signage, which must be
Citg oILaPorlePoliceDep..rtm.ent
3001 North 2j>dStreet
LaPorle,TX77571
281471-3810 Fex: 281470-1590
constructed according to specific standards. Notice may also be given by a card or other written
document that is handed out to the public. Finally, notice may also be given orally, such as
verbal notice to the public prior to a meeting.
The statutes are very specific on these issues. Apparently, the legislature believed that since
government buildings are considered to be public, the laws are very limited in their
restrictiveness in access by the public.
We have consulted with Mr. Clark Askins ofthe legal department and he has concurred with our
findings. Only in the above situations may criminal charges be sought against violators.
I hope the information has been somewhat helpful. Please feel free to contact me further if there
are any questions.
Thank you.
~u/~
Ron Parker
Assistant Chief of Police
La Porte Police Department
Citg ol La Porte Police Dep..rlment
~ North 2YIStreet
laPorte, TX77571
281-471-3810 F=:281-470-15OO
~
'fi~l' '''m' ~ fl1l
f ~'. ',;:; . ,,'. ..":' ';" .~, ~
, : ,/ , ,! :1
-
I
~
~
~
Legal sign, proper language and 1" letters.
n.-,lW! ,_.__,_~_._____
CONCEALED HANDGUNS PROHIBITED
PURSUANT TO SECTION 30.06,
PENAL CODE (TRESP ASS BY
HOLDER OF LICENSE TO CARRY A
CONCEALED HANDGUNt A PERSON
LICENSED UNDER SUBCHAPTER H,
CHAPTER 411, GOVERNMENT CODE
{CONCEALED HANDGUN LA Wl,
MAY NOT ENTER THIS PROPERTY
WITH A CONCEALED HANDGUN
PROHIBIDAS LAS ARMAS
DE FUEGO OCULTAS
CONFORME A LA SECCION 30.06
DEL CODIGO PENAL (TRASP ASAR
PORTANDO ARMAS DE FUEGO
PERSONAS CON LICENCIA BAJa
PEL SUB-CAPITULO H, CAPITULO
411, COD1GO DE GOBIERNO (LEY
DE P~fRTAR ARMAS)' NO DEBEN
~~t~~~f~(A.EgT~! PROPIEDAD
[r~rl~my,.,m.(f) WN AI}tv1A DE FUEGO
Illegal sign, letters not 1" tall'
~
..--.
C))
~
~
~M_'_________~,~__..."". > __'''___._~.._._,._
~
--
~
~
~
Illegal sign, not proper language.
--~_._-~--'~~-~'-~"~"-"
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
05/19/2008
Bud2et
Requested By:
Chief Rit"ham RetT
Source of Funds: N/A
Department: Ci~l CQUlltil
Account Number:
Report: xx Resolution:
Ordinance:
Amount Budgeted:
Exhibits: Copy of Penal Code 30.06
Amount Requested:
Exhibits:
Sample ofwordin2 for si2na2e
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
Under the Texas Penal Code Section 30.06 Trespass by Holder of License to Cary Concealed Handgun a
person who carries a handgun under Subchapter H, Chapter 411, Government Code (concealed handgun
license) commits an offense if he enters or remains on property where a concealed handgun is forbidden.
This law states that the person has to receive notice either orally or by written notice.
The requirement for a written notice must be specifically constructed in English and Spanish. This notice
or sign has to be in contrasting colors and the characters must be at least one inch in height. A copy of the
text of this notice is attached.
Due to the size of this sign, previous Councils have elected to not post the necessary signage at all of the
entrances to City Hall.
Action Reauired bv Council:
To provide Staff with direction as to whether or not the Council desires the signs to be obtained and
posted at the entrances of City Hall.
Approved for City Council Al!enda
Ron Bottoms, City Manager
Date
56
eder-
this
fense
vices
ction
1 the
igent
assC
,bita-
apon
lmis-
issA
(a) is
lse is
r-
,
facil-
)l1 or
fthe
;hout
pro-
)ther
odof
i thin
'Vhen
dden
:0 so.
this
)erty
that
~aled
hap-
:arry
rthe
this
itch-
yard
:sen-
. the
,eq.).
hich
the
:tion
is to
57
PENAL CODE
whether the defendant entered or remained on or
in a critical infrastructure facility as part of a
peaceful or lawful assembly, including an attempt
to exercise rights guaranteed by state or federal
labor laws. If the defendant proves the issue in
the affirmative by a preponderance of the evi-
dence, the increase in punishment provided by
Subsection (d)(l)(C) does not apply.
(i) This section does not apply if:
(1) the basis on which entry on the property
or land or in the building was forbidden is that
entry with a handgun or other weapon was
forbidden; and
(2) the actor at the time of the offense was a
peace officer, including a commissioned peace
officer of a recognized state, or a special inves-
tigator under Article 2.122, Code of Criminal
Procedure, regardless of whether the peace
officer or special investigator was engaged in
the actual discharge of an official duty while
carrying the weapon.
(j) For purposes of Subsection (i), "recognized
state" means another state with which the attor-
ney general of this state, with the approval ofthe
governor of this state, negotiated an agreement
after determining that the other state:
(1) has firearm proficiency requirements for
peace officers; and
(2) fully recognizes the right of peace officers
commissioned in this state to carry weapons in
the other state.
(.<\cts 1997 75th Leg., ch. 1229, effective Septem-
ber 1, 1997; Acts 1999 76th Leg., Chs. 161, 169,
765, effective September 1, 1999; Acts 2001 77th
Leg., ch. 1420, effective September 1, 2001; Acts
2003 78th Leg., Chs. 1078, 1178, 1276 ~ 3, effec-
tive September 1, 2003; Acts 2005 79th Leg., ch.
1093 (H.B. 2110), effective September 1, 2005;
Acts 2005 79th Leg., ch. 1337 (S.B. 9), ~~ 20, 21,
effective June 18,2005; Acts 2007, 80th Leg., ch.
921 (H.B. 3167), ~~ 17.001(61),17.002(13), effec-
tive September 1, 2007.)
Sec. 30.06. Trespass by Holder of Li.
cense to Carry Concealed Handgun.
(a) A license holder commits an offense if the
license holder:
(1) carries a handgun under the authority of
Subchapter H, Chapter 411, Government Code,
on property of another without effective con-
sent; and
(2) received notice that:
(A) entry on the property by a license
holder with a concealed handgun was forbid-
den; or
(B) remaining on the property with a con-
cealed handgun was forbidden and failed to
depart.
(b) For purposes of this section, a person re-
ceives notice if the owner of the property or
someone with apparent authority to act for the
owner provides notice to the person by oral or
written communication.
(c) In this section:
(1) "Entry" has the meaning assigned by
Section 30.05(b).
(2) "License holder" has the meaning as-
signed by Section 46.035W.
(3) ''Written communication" means:
(A) a card or other document on which is
written language identical to the following:
"Pursuant to Section 30.06, Penal Code (tres-
pass by holder of license to carry a concealed
handgun), a person licensed under Subchap-
ter H, Chapter 411, Government Code (con-
cealed handgun law), may not enter this
property with a concealed handgun"; or
(B) a sign posted on the property that:
(i) includes the language described by
Paragraph (A) in both English and Span-
ish;
(ii) appears in contrasting colors with
block letters at least one inch in height;
and
(iii) is displayed in a conspicuous man-
ner clearly visible to the public.
(d) An offense under this section is a Class A
misdemeanor.
(e) It is an exception to the application of this
section that the property on which the license
holder carries a handgun is owned or leased by a
governmental entity and is not a premises or
other place on which the license holder is prohib-
ited from carrying the handgun under Section
46.03 or 46.035.
(Acts 1997 75th Leg., ch. 1261, effective Septem-
ber 1, 1997; Acts 1999 76th Leg., ch. 62, effective
September 1, 1999; Acts 2003 78th Leg., ch. 1178,
effective September 1/ 2003.)
ell
"C
8
r;
c
CIl
l:l.
CHAPTER 31
THEFT
Section
31.01.
31.02.
31.03.
31.04.
31.05.
31.06.
31.07.
31.08.
31.09.
31.10.
31.11.
Definitions.
Consolidation of Theft Offenses.
Theft.
Theft of Service.
Theft of Trade Secrets.
Presumption for Theft by Check.
Unauthorized Use of a Vehicle.
Value.
Aggregation of Amounts Involved in Theft.
Actor's Interest in Property.
Tampering with Identification Numbers.
127
PENAL CODE
business derives 51 percent or more of its (2) "License holder" means a person licensed
income from the sale or service of alcoholic to carry a handgun under Subchapter H, Chap-
beverages for on-premises consumption, as de- tel' 411, Government Code.
termined by the Texas Alcoholic Beverage Com- (3) "Premises" means a building or a portion
mission under Section 104.06, Alcoholic Bever- of a building. The term does not include any
age Code; public or private driveway, street, sidewalk or
(2) on the premises where a high school, walkway, parking lot, parking garage, or other
collegiate, or professional sporting event or ~arking area.
interscholastic, event is taking place, unless the (g) An offens, e under Subsection (a), (b), (c), (d)~
license holder is a participant in the event and or (e) is a Class A misdemeanor, unless tJJiJ
a handgun is,used in the event; 0 ense is committed under Subsection (b)(l) Or
(3) on the p'remises of a correctional facility' (b)(3), in which event the offense is a felony ofthe
(4) on the premises of a hospital license third degree.
under Chapter 241, Health and Safety Code, 0 (h) It is a defense to prosecution under Subsec-
on the premises of a nursing home licensed tion (a) that the actor, at the time of the commis-
under Chapter 242, Health and Safety Code, sion of the offense, displayed the handgun under
unless the license holder has written authori- circumstances in which the actor would have
zation of the hospital or nUrsing home admin- been justified in: the use of deadly force under
istration, as appropriate; Chapter 9.
(5) in an amusement park; or (h-1) [2 Versions: As Amended by Acts
(6) on t re' s 0 a church, syna 2007, 80th Leg., ch. 1214] It is a defense to
o er es I hed place of religious worship. osecution under Subsections (b) and (c) that the
(c) A . ense holder commits an offense if the ac 1', at the time of the commission of the offense,
license holder intentionally, knowingly, or re*-, "wa :,
lessly carries a handgun under the authority of, '{l) an active judicial officer, as defined by
Subchapter Hi Chapter 411, Government Code,' ec~ion 411.201, Government Code; or
regardless of whether the handgun is concealed, (2) a bailiff designated by the active judicial
at any meeting of a governmental entity. officer and engaged in escorting the offic~r.
d) A license holder commits ns if, (h-1) [2 Versions: As Amended by Acts
while m OXlca e, e Icense holder carries a 2007, 80th Leg., ch. 1222] It is a defense to
handgun under the authority of Subchapter , prosecution under Subsections (b)(l), (2), and
Chapter 411, Government Code, regardless of (4)-(6), and (c) that at the time ofthe commission
whether the handgun is concealed. of the offense, the actor was:
(e) A license holder who is licensed as a secu- (1) a judge or justice of a federal court;
rity officer under Chapter 1702, Occupations (2) an active judicial officer, as defined by
Code, and employed as a security officer commits Section 411.201, Government Code; or
an offense if, while in the co~se and scope of the (3) a district attorney, assistant district at-
security officer's employment, the security officer tomey, criminal district. attorney, assistant
violates a provision of Subchapter H, Chapter criminal district attorney, county attorneY'/1o: r.J..
411, Government Code. assistant count a orne~~ Itt;rJ(Lu1f..-fs' '0 L
(fJ In this section: (i) Subsections ( , , , an
. (1) "Amusement park" means a permanent not apply if the actor was not given effective
Indoor or outdoor facility or park where amuse-' .
ment rides are available for use by the public (j) Subsections (a) and (b)(l) do not apply to a
that is located in a county with a population of historical reenactment performed, in compliance
more than one million, encompasses at least 75 with the rules of the Texas Alcoholic Beverage
acres in surface area, is enclosed with access Commission.
only through controlled entries, is open for (Acts 1995 74th Leg., ch. 229, Acts 1997 75th
operation more than 120 days in each calendar Leg., ch. 165, effective September 1, 1997, ch.
Year, and has security guards on the premises 126:1, effective September 1, 1997; Acts 2001 77th
at all times. The term does not include any Leg., ch. 1420, effective September 1, 2001; Acts
public or private driveway, street, sidewalk or 20()5 79th Leg., ch. 976 (H.B. 1813), S 3, effective
walkway, parking lot, parking garage, or other September 1, 2005; Acts 2007, 80th Leg., ch. 1214
parking area. (H.B. 1889), S 2, effective June 15, 2007; Acts
ell
"C
Q
U
ia
55
Q..
PROHIBITING HANDGUNS IN A BUSINESS
OR OTHER ENTITY
"PURSUANT TO SECTION 30.06, PENAL CODE (TRESPASS BY HOLDER OF
A LICENSE TO CARRY A CONCEALED HANDGUN) A PERSON LICENSED
UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE
(CONCEALED HANDGUN LAW), MAY NOT ENTER THIS PROPERTY WITH A
CONCEALED HANDGUN."
"CONFORME A LA SECCION 30.06 DEL CODIGO PENAL (TRASPASAR
PORTANDO ARMAS DE FUEGO) PERSONAS CON LICENCIA BAJO DEL
SUB-CAPITULO H, CAPITULO 411, CODIGO DE GOBIERNO (LEY DE
PORTAR ARMAS), NO DEBEN ENTRAR A ESTA PROPIEDAD PORTANDO
UN ARMA DE FUEGO."
-
B
~.
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Mav 19. 2008
Appropriation
Requested By: S. Gillett
Source of Funds:
Department: Public Works
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
Exhibits:
2nd Quarter CIP Report
Amount Requested:
Budgeted Item:
Exhibits:
Exhibits
SUMMARY & RECOMMENDATION
The attached report summarizes the progress of Capital Improvement Projects assigned to the
Public Works Department in the 2nd Quarter.
A
b Council: Receive 2nd Quarter CIP Report.
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Public Works CIP Projects 2nd Quarter Status Report
Project 669 - Sanitary Sewer Rehabilitation
PROJECT DESCRIPTION
In May of 1993, the City filed a proposed schedule with the EPA for the investigation and
rehabilitation of the sanitary sewer system. The City, through the use of in-house and
contract labor, has been systematically working through the system to identify and
correct sources of inflow, as well as repair structurally inadequate collection facilities.
SECOND QUARTER FY 07-08
. Northwest La Porte Service Area - Completed 4 point repairs, inspected 12
manholes and performed 5 manhole repairs, and smoke tested 14,102 feet of
sewer main with in-house forces.
. lift Station 1 A Service area - Completed 12 point repairs, 1 manhole repair
televised 422 feet and replaced 230 feet of sewer with in-house forces.
. Southeast La Porte Service Area - Completed 3 point repairs and 1 manhole
repair with in-house forces.
. Bay MUD Service Area - Completed 2 point repairs and 1 manhole repair with
in-house forces. Contracts have been executed to rehabilitate 776 feet of sewer
with outside forces.
. Fairmont Park Service Area - Completed 3 point repairs, inspected 65 manholes
and rehabilitated 2 manholes with in-house forces. Contract forces rehabilitated
2100 square feet of sewer main junction boxes and 36 vertical feet of manhole
cones. Additional contracts have been executed to rehabilitate 185 feet of sewer
main.
. Spenwick Service Area - Completed 2 point repairs and smoke tested 5,691 feet
of sewer with in-house forces.
. Brookglen Service Area - Completed 1 point repair with in-house forces.
. Creekmont/Glen Meadows Service Area - Completed 4 point repairs and
televised 165 feet of sewer with in-house forces.
Project 825 - Airport Improvements-Ramp Program
PROJECT DESCRIPTION
Phase II Improvements are planned at the La Porte Municipal Airport. Included are
taxiway and aircraft parking ramp reconstruction and rehabilitation, additional lighting
improvements, and additional fencing and gate improvements to enhance security at the
Airport. The FAA, through TXDOT Aviation Division will fund 90% of the costs. The
City's 10% matching share totals $160,000.
SECOND QUARTER FY 07-08
Reconstruction of ramp at Designated Use Area and fencing is 95% complete. Expect
to complete this Project in next quarter.
Project 908 - Rehabilitate Water Well
PROJECT DESCRIPTION
Moderate vibration in Water Well #4 has been noted over the past several months. This
shaft and pump (approximately 800' deep) will be pulled, inspected and all worn parts
replaced. Additionally, the casing will be televised to the bottom of the well to detect any
problems with the well shaft and screens.
SECOND QUARTER FY 07-08
Bids received and project awarded. Expect to complete this Project in next quarter.
Project 933 - Design of Sens Road Utility Relocation
PROJECT DESCRIPTION
The upcoming widening of Sens Road from Spencer to North P Street will require the
relocation of existing water distribution and wastewater collection lines. Preliminary
Engineering has been completed. With the completion of the Bay Area Blvd. Trunk
Sewer in FY 2004-05, the potential to eliminate lift stations in the eastern portion of
Northwest La Porte will be incorporated in the relocation effort.
Phase I of the Project will complete final design of the project. Phase II, scheduled for
FY 2007-08 will fund the actual construction. The Project is necessary to relocate
existing utilities to allow the Sens Road widening to occur.
SECOND QUARTER FY 07-08
Final design is underway. Expect to complete in forth quarter.
Project 934 - Spenwick Water System/Upgrade (Phase II)
PROJECT DESCRIPTION
The water system serving the Spenwick area is two separate systems. Originally,
Spenwick was served by small lines in the rear yards. The County constructed new,
larger lines in the 80's, to improve pressures and fire protection, but the service
connections were never changed to the new lines. Additionally, not all streets were
served by the new lines.
SECOND QUARTER FY 07-08
Engineer is working with a surveyor to tie down connection locations. Expect to bid this
Project in next quarter.
Project 938 -Aeration Improvements
PROJECT DESCRIPTION
The Wastewater Treatment Plant has been evaluated for future needs, with
approximately $6M in improvements identified, including engineering.
SECOND QUARTER FY 07-08
Bids awarded and construction started. Work to date includes initial excavation of new
aeration and clarifier basins.
Project 949 - Public Works Rehab - Phase I Roof
PROJECT DESCRIPTION
The existing Public Works facility is in excess of 25 years old. The building, a steel
frame with metal sheathing, has deteriorated over the years. The roof leaks, walls have
rusted through and the insulation is ruined in many areas.
Phase I of the Project is to remove the existing metal roof and associated trim and install
a new metal roof with 3 inch insulation. Phase II of the Project is to remove and replace
existing wall panels and insulation.
SECOND QUARTER FY 07-08
This Project is substantially complete. Expect to complete in next quarter.
Project 952 - Lift Station #38 Rehab
PROJECT DESCRIPTION
This Project involves the rehabilitation of Lift Station #38 (Sunrise Drive) as
recommended by an engineering evaluation. The Project includes the rehabilitation of
the existing wet well, and the replacement of existing pumps and motors.
SECOND QUARTER FY 07-08
Design is underway. Expect to complete design and bid the Project in next quarter.
Project 953 - Lift Station #6 (Design Only)
PROJECT DESCRIPTION
As recommended in the May 1984 Comprehensive Wastewater Collection and
Treatment Plan, the October 1997 Southeast Sanitary Sewer Trunk Main and Lift Station
Facilities Report, and the 2000 La Porte Comprehensive Plan a large diameter trunk
sewer was constructed along the west side of Bay Forest Golf Course to south of
McCabe Road. The project included a proposed lift station at the intersection of Taylor
Bayou and McCabe Road. In August 2002, La Porte secured easements for trunk sewer
which began construction in 2007. The construction of this line will allow the
development of approximately 300 acres of land. Corresponding to the culmination of
this project, the receiving Lift Station #6 requires upgrading to complete the project.
SECOND QUARTER FY 07 -08
Contract for design awarded. This Project is on hold until easements can be negotiated
with Harris County Flood Control. Expect to complete easement acquisition and begin
design in next quarter.
Project 955 - SCADA System
PROJECT DESCRIPTION
This Project involves the replacement of the twenty year old SCADA system that
provides for control of the LPAWA system. The system has failed completely, and parts
are no longer available. Water Production staff currently operates the system manually.
SECOND QUARTER FY 07-08
Bids received and under evaluation. Expect to award bid in next quarter.
Project 944 - Municipal Court Building
PROJECT DESCRIPTION
This Project involves the design of the new Municipal Court Facility, to be located
adjacent to the recently completed Police Department Facility.
SECOND QUARTER FY 07-08
Design is 85% complete. Prequalification documents are being prepared. Expect to
prequalify contractors and bid the Project in next quarter.
Project 531 - Street Maintenance Tax
PROJECT DESCRIPTION
This Project includes the replacement of pavement, sidewalks and inlets on Old Orchard
Road (concrete) and the overlay of various flexible-base streets throughout the city.
SECOND QUARTER FY 07-08
The Old Orchard Project is 50% complete. Pavement, sidewalks and inlets have been
replaced on the eastern portion of the street. Expect to complete in the next quarter.
Streets for overlay have been selected, and all preparations for overlay have been
completed, including reclaiming and chip seal of selected areas, base and pavement
repair and removal of grass from shoulders. Specifications are in final stage. Expect to
bid this project and begin construction in the next quarter, with completion by the forth
quarter.
Project 957 - Drainage Master Plan
PROJECT DESCRIPTION
This Project involves Professional Engineering Services to provide for a City-Wide
Drainage Master Plan for the city to address flooding
SECOND QUARTER FY 07-08
Consultant selected and approved by Council. Report # 1 completed. Short-term
projects completed include installation of surface drainage flumes on Driftwood to the
adjacent detention pond and Harris County Flood Control channel, installation of surface
drainage flume on Catlett at Big Island Slough, and installation of grated manhole covers
at selected inlets throughout the city. Additionally, additional engineering authorization
was provided to the consultant to perform an engineering analysis of the Creekmont
Park drainage area to determine the best method to provide flooding relief in this area.
Work has begun to develop Report # 2, which is expected to be completed in the next
quarter.