HomeMy WebLinkAbout2008-06-23 Regular Meeting and Workshop Meeting of the La Porte City Council
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MINUTES OF A REGULAR MEETING AND WORKSHOP MEETING
OF THE LA PORTE CITY COUNCIL
June 23, 2008
1. CALL TO ORDER
The meeting was called to order by Mayor Pro - Tem Clausen at 6:04 p.m.
Members of City Council Present: Mayor Pro-Tem Clausen, Council members Tommy
Moser, Mike Mosteit, Louis Rigby, John Black, Chuck Engelken, and Georgia Malone.
Members of Council Absent: Mayor Porter and Howard Ebow
Members of City Executive Staff and City Emplovees Present: Assistant City Attorney
Clark Askins, City Manager Ron Bottoms, Finance Director Michael Dolby, City Secretary
Martha Gillett, Assistant City Manager John Joerns, Purchasing Manager Susan Kelley,
Chief Building Official Debbie Wilmore, Emergency Management Assistant Kristin
Gouthier, Fire Chief Mike Boaze, Acting Chief of Police Stephen Deardorff, Planning
Director Tim Tietjens, Director of Public Works Steve Gillett, City Planner Masood Malik,
Accounting Supervisor Lorie Doughty, Controller Phyllis Rinehart, Assistant Director of
Public Works Don Pennell, GIS Manager Brian Sterling, and a number of other employees.
Others present: Adam Yanelli of the Bayshore Sun, John Handy of the Houston Chronicle,
Phillip Hoot, Rhonda Lunsford, Mark Follis, David Janda, Leon Waters, Betty Waters,
Barry Beasley, Patricia Clark, Ed Dejon, Dee Spears, Ken Schlather, Mike Darlow, Jason
Bailey, Paul Richards, Donald Smith, Malladi Reddy, Jim Larson, Charles Montgomery,
Lyn Duseus and a number of citizens.
2. Dr. Dee Spears, of Fairmont Baptist Church led the invocation.
3. Mayor Pro-Tem Clausen led the Pledge of Allegiance.
4. PRESENT A TIONS/ PROCLAMATIONS
There were no presentations this evening.
5. Consent Agenda
A. Council to consider approving Minutes of the Regular Meeting and Workshop
Meeting of the La Porte City Council held on June 9,2008.
B. Council to consider approval or other action of an ordinance amending City of La
Porte Fiscal Year 2007-2008 Budget (Ord. 3024-G) - M. Dolby
C. Council to consider approval or other action of award for Mail Solution System
through BuyBoard - S. Kelley
La Porte City Council Regular Meeting and Workshop Meeting 6-23-08
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D. Council to consider approval or other action regarding an ordinance authorizing a
Water Service Agreement and a Sanitary Sewer Service Agreement between the
City of La Porte and DTMT Two, LLC. (Ord. 3084) - T. Tietjens
E. Council to consider approval or other action authorizing the execution of an
ordinance approving Industrial District Agreement with GSL Constructors, TLD
(Ord. 2007-IDA-108) - M. Dolby
Council had a question on item B.
Motion was made by Councilmember Enqelken to approve the consent aqenda as
presented. Councilmember Mosteit seconded the motion. Motion carried unanimously.
Ayes: Mosteit, Mayor Pro-Tem Clausen, Rigby, Moser, Black, Malone
and Engelken.
Nays: None
Abstain: None
Absent: Porter and Ebow
6. Petitions, Remonstrance's, Communications, Citizens and Tax Payers wishing to address
Council.
A. David Janda- introduced himself as a Boards and Commissions Applicant
Phillip Hoot - 927 Seabreeze - advised Council he is in favor of 12 inches for residential
property and 24 inches for open lots for mowing heights. He noted 6 inches was not
acceptable.
7. Council to consider approval or other action regarding an ordinance reflecting the change
from Trent Wise to Barry Beasley on the La Porte Economic Development Corporation
Board. (Ord. 2004-2782-U) - Mayor Pro-Tem Clausen
Mayor Pro-Tem Clausen presented summary and recommendation and answered
Council's questions.
Assistant City Attorney Clark Askins read Ordinance 2004-2782-U, AN ORDINANCE
APPOINTING MEMBERS TO VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES,
OF THE CITY OF LA PORTE; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A
REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made bv Councilmember Enqelken to approve Ordinance 2004-7282-U as
presented by Mavor Pro-Tem Clausen. Councilmember Malone seconded the motion.
The motion carried unanimously.
Ayes: Mosteit, Mayor Pro-Tem Clausen, Moser, Rigby, Black, Malone, and Engelken
Nays: None
La Porte City Council Regular Meeting and Workshop Meeting 6-23-08
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Abstain: None
Absent: Mayor Porter and Ebow
Further action on boards and commissions appointments will be brought back to the July
14,2008 City Council Meeting.
8. Council to consider approval or other action regarding an ordinance requiring hotel and
motels to post Standardized Shelter in Place information in all rooms. (Ord. 2008-3085) - J.
Suggs
Emergency Management Coordinator Jeff Suggs was not present so City Manager Ron
Bottoms presented summary and recommendation and answered Council's questions.
Assistant City Attorney Clark Askins read ordinance 2008-3085, AN ORDINANCE
AMENDING CHAPTER 34 "ENVIRONMENT" OF THE CODE OF ORDINANCES OF THE
CITY OF LA PORTE BY ADDING NEW DIVISION 3 "SHELTER IN PLACE"; ADDING
NEW SECTION 34-65 "POSTING OF SHELTER IN PLACE NOTICES IN HOTEL AND
MOTEL ROOMS"; ADDING SECTION 34-66 "PENALTIES FOR VIOLATION OF
DIVISION", AND AMENDING APPENDIX-B "FINES"; PROVIDING A PENALTY OF
$500.00 FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; CONTAINING
AN OPEN MEETINGS CLAUSE; PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Mosteit to approve the ordinance as recommended
by staff. Councilmember Malone seconded the motion. The motion carried
unanimously.
Ayes: Mosteit, Mayor Pro-Tem Clausen, Rigby, Moser, Black, Malone, and Engelken.
Nays: None
Abstain: None
Absent: Mayor Porter and Ebow
9. Council to consider approval or other action of an ordinance approving and authorizing an
amendment to the Project Cooperation Agreement between the City of La Porte and the
Texas General Land Office to provide construction, construction monitoring, and
administrative services for the Sylvan Beach Shoreline Protection and Beach Nourishment
Project according to the terms of the amendment provided (Ord. 2008-3086) - S. Barr
Director of Parks and Recreation Stephen Barr presented summary and recommendation
and answered Council's questions.
Assistant City Attorney Clark Askins read ordinance 2008-3086, AN ORDINANCE
APPROVING AND AUTHORIZING AN AMENDED PROJECT COOPERATION
AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE TEXAS GENERAL LAND
OFFICE TO PROVIDE CONSTRUCTION, CONSTRUCTION SERVICES, AND
ADMINISTRATIVE SERVICES FOR THE SYLVAN BEACH SHORELINE PROTECTION
AND BEACH NOURISHMENT PROJECT ACCORDING TO THE TERMS OF THE
La Porte City Council Regular Meeting and Workshop Meeting 6-23-08
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AGREEMENT PROVIDED; APPROPRIATING ADDITIONAL FUNDING OF $308,161.00
FOR A TOTAL OF $1,433,333.00 TO FUND SAID AGREEMENT; 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 Riqby to approve the ordinance as recommended
by Mr. Barr. Councilmember Mosteit seconded the motion. The motion carried
unanimously.
Ayes: Mosteit, Mayor Pro-Tern Clausen, Rigby, Moser, Black, Malone, and Engelken.
Nays: None
Abstain: None
Absent: Mayor Porter and Ebow
10. Council to consider approval or other action regarding an ordinance amending the height
requirements on weed violations. (Ord. 2003-2623-B) - D. Wilmore
Chief Building Official Debbie Wilmore presented summary and recommendation and
answered Council's questions.
Assistant City Attorney Clark Askins read ordinance 2003-2623-B, AN ORDINANCE
AMENDING CHAPER 34 "ENVIRONMENT" OF THE CODE OF ORDINANCES OF THE
CITY OF LA PORTE BY AMENDING ARTICLE IV, "UNSANITARY, UNSIGHTLY
CONDITIONS ON PRIVATE PREMISES," SECTION 34-126 'DEFINITIONS",
REGARDING MAXIMUM ALLOWABLE HEIGHT OF WEEDS ON LOTS AND ACREAGE
IN CITY; SECTION 34-127 "ENFORCEMENT OF ARTICLE", PROVIDING A REPEALING
CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF
THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON
CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND
DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Riqby to approve the ordinance as recommended by
Ms. Wilmore and amendinq heiqht restrictions to 12 inches for residential property and 18
inches for acreaqe. Councilmember Black seconded the motion. The motion carried
unanimously. Council directed staff to revisit administrative fees and fines at a future
meeting.
Ayes: Mosteit, Mayor Pro-Tern Clausen, Rigby, Moser, Black, Malone, and Engelken.
Nays: None
Abstain: None
Absent: Mayor Porter and Ebow
11. Council to consider approval or other action regarding an ordinance authorizing the City
Manager to execute a Sanitary Sewer Service Agreement with FR/CAL Interport, LLC.
(Ord. 3087) - T. Tietjens
La Porte City Council Regular Meeting and Workshop Meeting 6-23-08
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Planning Director Tim Tietjens presented summary and recommendation and answered
Council's questions.
Assistant City Attorney Clark Askins read ordinance 3087, AN ORDINANCE APPROVING
AND AUTHORIZING A SANITARY SEWER SERVICE AGREEMENT BETWEEN THE
CITY OF LA PORTE AND FR/CAL INTERPORT LLC; 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 bv Councilmember Malone to approve the ordinance as recommended
bv Mr. Tietiens. Councilmember Rigby seconded the motion. The motion carried
unanimously.
Ayes: Mosteit, Mayor Pro-Tem Clausen, Rigby, Moser, Black, Malone, and Engelken.
Nays: None
Abstain: None
Absent: Mayor Porter and Ebow
12. Director of Planning Tim Tietjens provided an update on the Lakes of Fairmont Greens. It
was noted the project is moving forward. The Developer's agreement will be presented at
a future meeting. Jim Larson, Brian Kline and Dr. Reddy, representatives of the
development, were present to introduce themselves and confirm the project is moving
forward.
13. Chairman Mike Mosteit provided a report from the Drainage and Flooding Committee.
The Executive Session item was taken out of order at this time. See minutes below.
14. Mayor Pro-Tem Clausen closed Regular meeting and opened Workshop Meeting at 7:05
p.m.
A. Fire Chief Mike Boaze discussed Sales tax for Emergency Services
Council directed staff to move forward on this item. Council questioned as to whether or
not this is a permanent tax or if it has to be periodically renewed. Staff to research and
advise Council. Mr. Bottoms noted if staff moved forward it would be on the ballot for the
November Election and would take affect in May 2009. Staff will bring this item back to
Council in the future for action.
B. Finance Director Michael Dolby discussed Collections of Outstanding Mowing
And Demolition Accounts.
Council directed staff to move forward on this project.
15. Mayor Pro-Tem Clausen closed Workshop and reconvened to Regular Meeting at 7:21
p.m.
La Porte City Council Regular Meeting and Workshop Meeting 6-23-08
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16. City Manager Ron Bottoms provided Administrative Reports for the following:
A. Port of Houston Inspection Vessel Tour - June 26, 2008 - 5: 45 p.m.
B. Main Street Advisory Board and City Council Joint Meeting - June 30,2008
- 6:00 p.m.
C. La Porte Development Corporation Board Meeting - July 1, 2008 - 6:00 p.m.
D. La Porte Development Corporation Board Meeting - July 7,2008 - 6:00 p.m.
E. Bridge over Troubled Waters 30th Birthday - July 12, 2008 - Pasadena Rodeo
Grounds 6:00 p.m. - 11 :00 p.m.
F. City Council Meeting - July 14, 2008 - 6:00 p.m.
G. City Council Meeting - July 28, 2008 - 6:00 p.m.
H. Newly Elected Officials Orientation - July 25-26,2008 Austin, Texas
I. Texas Public Works Association Award for Police Department Building
J. City of La Porte awarded Grant for Public Safety Inoperability for FY 2007
17. Council Comments- Mayor Pro-Tem Clausen, Rigby, Moser, Black, Malone, Engelken
and Mosteit.
Item 18 was taken out of order as noted above.
18. Executive Session - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW,
CHAPTER 551.071 THROUGH 551.076, 551-087, TEXAS GOVERNMENT CODE
(CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL PROPERTY,
DELBERA TION 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)
A. 551.071 (Pending or Contemplated Litigation)
Meet with City Manager
And City Attorney to discuss
Glenda Hunter- Williams vs.
City of La Porte
Council retired to Executive Session at 6:55 p.m. and returned to Regular Meeting and
reconvened at 7:04 p.m.
19. Considerations and possible action on items in executive session
La Porte City Council Regular Meeting and Workshop Meeting 6-23-08
7
There was no action taken in Executive Session. Mayor Pro-Tem Clausen announced the
Council received a report from City staff regarding the settlement of Glenda Hunter-
Williams/City of La Porte litigation.
Reopened the regular meeting at 7:05 p.m.
20. There being no further business to come before Regular Meeting and Workshop was duly
adjourned at 7:31 p.m.
Respectfully submitted,
r,)f{ tJ...hJtL 0'/aA iuv,TI?H( r
Martha Gillett, TRMC, CMC
City Secretary
Passed and approved on this 14th day of July 2008.
(\ ~f '1/
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Mayor Alton E. Porter
D
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Julv 14.2008
Requested By: S. GUldt ~
Department: Public Works
Appropriation
Source of Funds:
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits:
Ordinance
Amount Requested:
Exhibits:
Letter from TxDOT
Budgeted Item: N/A
Exhibits
SUMMARY & RECOMMENDATION
The speed limits along SH 146 main lanes and frontage roads are under the jurisdiction of
TxDOT. The city currently has an ordinance establishing the speed limit on the main lanes at 65
mph. No ordinance is in place for the frontage roads.
TxDOT has performed a speed zone study for this area and is requesting that the council approve
an ordinance amending the speed zones on the main lanes to 60 mph and validating the current
speed zones on the frontage roads.
7h~8
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ORDINANCE NO. 2008 -, 30 ~ ~
AN ORDINANCE AMENDING CHAPTER 70 "TRANSPORTATION",
ARTICLE III "OPERATION OF VEHICLES", DIVISION 2 "SPEED
LIMITS", BY AMENDING SECTIONS 70-101 AND 70-106 OF THE CODE
OF ORDINANCES OF THE CITY OF LA PORTE FOR THE PURPOSE
OF DESIGNATING MAXIMUM SPEED LIMITS ON STATE HIGHWAY
146 MAIN LINE AND STATE HIGHWAY 146 FRONTAGE ROADS,
WITHIN THE CITY OF LA PORTE; PROVIDING A REPEALING CLAUSE;
CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING
THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A
MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM
NOT TO EXCEED TWO HUNDRED DOLLARS; PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Section 545.356, Vernon's Texas Civil Statutes, provides that
whenever the governing body of the City of La Porte shall determine upon the basis of an
engineering and traffic investigation that any prima facie speed therein set forth is greater
or less than is reasonable or safe under the conditions found to exist at any intersection or
other place or upon any part of a street or highway within the City of La Porte, taking
into consideration, but not limited to, the width and condition of the pavement and other
circumstances on such portion of said street or highway, as well as the usual traffic
thereon, said governing body may determine and declare a reasonable and safe prima
facie speed limit thereat or thereon by passage of an ordinance, which shall be effective
when appropriate signage giving notice thereof is erected at such intersection or other
place or part of the street or highway; and
WHEREAS, the State of Texas has directed that an Engineering and Traffic
Investigation take place for the purpose of ascertaining reasonable and prudent prima
facie speed limits on State Highway 146 Main Line and State Highway 146 Frontage
Roads, within the City of La Porte;
WHEREAS, upon the basis of an engineering and traffic investigation heretofore
made as authorized by Section 545.356, Vernon's Texas Civil Statutes, the following
prima facie speed limits hereafter indicated for vehicles are hereby determined and
declared to be reasonable and safe; and such speed limits are hereby fixed at the rate of
speed indicated for vehicles traveling upon State Highway 146 Main Line and State
Highway 146 Frontage Roads, or parts thereof, as more particularly described below:
NOW, THEREFOR BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF LA PORTE:
Section 1. The Code of Ordinances, City of La Porte, Harris County, Texas, Chapter
70, Article III, Division 2, Section 70-106 "Sixty-five mile per hour zones", is hereby
amended in its entirety and shall hereinafter read as follows, to-wit:
"Sec. 70-106. Sixty mile per hour zones.
The following streets or portions of such streets shall constitute special speed
zones, and it shall be unlawful for any person to operate any motor vehicle at a rate of
speed in excess of 60 miles per hour in any such zone:
(1)
Along SH 146 Main Line, northbound and southbound, from the north city
limit boundary in the City of La Porte to the south city limit, a distance of
approximately 5.292 miles."
Section 2. The Code of Ordinances, City of La Porte, Harris County, Texas, Chapter
70, Article III, Division 2, Section 70-101 "Thirty-five mile per hour zones", is hereby
amended by adding the following clauses to said section, to be added in proper numerical
sequence, to-wit:
"(10) Along SH 146 Frontage road, northbound, from the north city limit
boundary in the City of La Porte to the intersection of McCabe Road, a
distance of approximately 4.836 miles.
(11) Along SH 146 Frontage road, southbound, from the north city limit
boundary in the City of La Porte to a point 1928 feet south of the north
city limit boundary, a distance of approximately 0.365 miles.
(12) Along SH 146 Frontage road, southbound, from a point 808 feet south of
the Union Pacific Railroad boundary in the City of La Porte to the
intersection of McCabe Road, a distance of approximately 3.701 miles."
Section 3: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the
extent of such inconsistency and in all other respects this ordinance shall be cumulative
of other ordinances regulating and governing the subject matter covered by this
ordinance.
Section 4: 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. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall
violate any provision of the ordinance, shall be deemed to have committed a Class C
misdemeanor and upon conviction shall be punished by a fine not to exceed TWO
HUNDRED DOLLARS ($200.00).
Section 6. The City Council officially finds, determines, recites and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City
Council is posted at a place convenient to the public at the City Hall of the city for the
time required by law preceding this meeting, as required by Chapter 551, Tx. Gov't
Code; and that this meeting has been open to the public as required by law at all times
during which this ordinance and the subject matter thereof has been discussed, considered
and formally acted upon. The City Council further ratifies, approves and confirms such
written notice and the contents and posting thereof.
Section 7. This Ordinance shall be effective fourteen (14) days after its passage and
approval. The City Secretary shall give notice of the passage of this ordinance by causing
the caption hereof to be published in the official newspaper of the City of La Porte at
least twice within ten (10) days after the passage of this ordinance, in accordance with the
provisions of Chapter 52, Texas Local Government Code, and the City of La Porte
Charter.
,;/11( IJ J J II
PASSED AND APPROVED this the~ day Of~, 2008.
CIT~ LAPORTE. 0
By. ~~~ j, l ~---
Mayor
ATTEST:
~(j)nl'-~ ~~ C
flSSi&, City Secretary I
APPROVED:
/~r~~
City Attorney
E
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Julv 14. 2008
Appropriation
Requested By: Michael G. Dolb
Source of Funds: General Fund
Department: Finance
Account Number: 001-6146-515-50-06
Report:
Resolution: _Ordinance:.x.-
Amount Budgeted:
N/A
Exhibits: Contract
Amount Requested:
o
Exhibits: Ordinance
Budgeted Item:
YES
NO
Exhibits: Letter from City Attornev
SUMMARY & RECOMMENDATION
The city council previously requested staff to review the collection process for mowing and demolition fees. Staff
did an RFP for the collection of these fees. In this process one proposal was received from Perdue, Brandon, Fielder,
Collins & Mott who is the firm that currently collects the city's delinquent taxes. On June 23 the council heard a
presentation from Mr. Jason Bailey with this firm and recommended to staff to proceed with approval of the contract
with Perdue, Brandon, Fielder, Collins & Mott.
Date
askins
& askins P.c.
ATTORNEYS and COUNSELORS
Knox W. Askins
Clark T. Askins
June 16, 2008
Michael Dolby
Director of Finance
City of La Porte, Texas
RE: Proposal for Mowing and Demolition Fee Collection - Perdue
Brandon, Fielder, Collins & Mott
Dear Michael:
I have reviewed the proposed contract for services between Perdue, Brandon,
Fielder, Collins & Mott, and have no objection as to form or substance. I have signed
the contract, in the space provided for city attorney.
Enclosed herewith, in addition to the proposal documents and contract, is a
contract approval ordinance, for city council authorization to the City Manager to
execute the proposed agreement.
Thank you, and let me know should you have any questions.
Respectfully yours,
~r~~'
Clark T. Askins
Assistant City Attorney
CTA
Enclosures
702 W. Fairmont Parkway, P.O. Box 1218, La Porte, TX 77572-1218
281.471.1887 phone . 281.471.2047 fax. knoxaskins@comcast.net . ctaskins@swbell.net
ORDINANCE NO. 200S-,SOOC(
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND PERDUE, BRANDON, FIELDER, COLLINS & MOTT, LLP,
FOR CITY MOWING AND DEMOLITION LIEN COLLECTION SERVICES, MAKING
VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, a copy of which is on file in the office
of the City Secretary. The City Manager is hereby authorized to
execute such document and all related documents on behalf of the
City of La Porte.
The City Secretary is hereby authorized to
attest to all such signatures and to affix the seal of the City to
all such documents.
Section 2.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the pUblic at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this ~~ay of ~, 2008.
By:
ATTEST:
.
~~~~nt \!i~llLL ~Ll{( r\
~ tha A. Gillett I
City Secretary
APPROVED:
lAd -r ~A-M
Clark T. Askins
Assistant City Attorney
RY .~F LA P9R3 .
~~j. \ ~...--
Alton E. Porter, Mayor
2
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Julv 14.2008
Requested By: Tim Tietiens t1:f
Department: Plannine:
Report:
Resolution:
Ordinance: ~
Appropriation
Source of Funds: N/A
Account Number: N/A
Amount Budgeted: N/A
Amount Requested: N/A
Budgeted Item: Yes No
Exhibits:
Ordinance
Area Map
Public Notice Responses
SUMMARY & RECOMMENDATION
The Planning and Zoning Commission, during its June 19, 2008, meeting, held a public hearing to
receive citizen comments regarding Special Conditional Use Permit (SCUP) Request #SCU08-002. The
request, submitted by HKP Investment, Inc., seeks approval of a Special Conditional Use Permit for
development of a hotel to be located at 1332 South 8th Street. Hotels/motels are classified as a
conditional use in General Commercial (GC) zoning districts when adjacent to residential zoned properties
per Section 106-441; Table A, Commercial Uses ofthe Code of Ordinances.
The City's Land Use Plan shows this area developing with commercial uses. The subject tract, along with
abutting properties to the north, east, and west, is zoned General Commercial. The Baypoint
Townhomes, located across the street to the south, is zoned Medium Density Residential (R-2). Little
Cedar Bayou Drive, 60' public right-of-way, runs east west between these properties. Proposed
development has no frontage along major thoroughfare.
During the Commission's public hearing, residents raised concerns for this proposed development, as noted:
· Proximity to the residences - motel in their front yard, too close to their houses, quite neighborhood
. Security & Safety - crimes and security issues, vandalism/theft
. Lighting in the parking lot - night time light levels, reduces privacy
· Traffic, noise and other pollution - traffic congestion, road safety, possible truck traffic, road is not
capable of handling such vehicles, delivery and dumpster trucks add to the noise level.
· Property Values - decreased value of the homes, less taxes to the City
· Environmental Impact - trash, drugs, negative impact on residential area, character of the complex
· Landscaping & Screening - green area is taken away by major developments, require more landscaping
· Flooding - drainage issues, streets are flooded, Little Cedar Bayou at its full capacity during normal
rams
Twenty four (24) notices of public hearing were mailed to neighboring property owners. One response
was received in favor, seven along with twenty others (hand delivered) were received opposed to the
SCUP. The Planning and Zoning Commission, by unanimous vote, recommends City Council denial of
Special Conditional Use Permit #SCU08-002.
City Council may affirm the Commission's recommendation to disapprove the SCUP by voting against
the proposed ordinance and it requires only a simple majority. City Council may overrule the
Commission's recommendation and approve the SCUP by voting in favor of the proposed ordinance and
it requires a minimum of seven affirmative votes (3/4 rule).
Action Required bv Council:
1. Conduct public hearing.
2. Consider Planning and Zoning Commission recommendation to deny Special Conditional Use
Permit #SCU08-002 for proposed hotel along South 8th Street, or
Consider overruling the Commission's recommendation and approve #SCU08-002 with conditions.
Council A enda
1 lJfl
Date
Ron Bottoms, City Manager
ORDINANCE NO. 1501- E-tr
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 #SCU08-002
FOR THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: 2.5 ACRES,
LOTS 1-32, BLOCK 1150, TOWN OF LA PORTE, JOHNSON HUNTER SURVEY,
ABSTRACT 35, LA PORTE, HARRIS COUNTY, TEXAS, FOR THE PURPOSE OF
DEVELOPING A HOTEL IN GENERAL COMMERCIAL ZONE ADJACENT TO RESIDENTIAL
ZONE; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE
HEREOF;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
])eM;~(l~
"Section 1. The City Council of the City of La Porte hereby finds, determines and
declares that heretofore, to-wit, on the 19th day of June, 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 of Notice of
Public Hearing, which the City Council of the City of La Porte hereby finds was properly mailed
to all owners of all properties located within two hundred feet (200') of the properties under
consideration.
"Section 2. The publisher's affidavit of publication of notice of said hearing is attached
hereto as Exhibit "B", incorporated by reference herein and made a part hereof for all purposes.
"Section 3. Immediately following such public hearing on June 19, 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 June 23, 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- tfr
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 14th day of July, 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 "D", 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:
2.5 acres of land being Lots 1 thru 32, Block 1150, and abandoned alley located in said
Block 1150, 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
ORDINANCE NO. 1501- Fir
Page 3
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
day of
,2008.
CITY OF LA PORTE
By:
ALTON PORTER, Mayor
ATTEST:
By:
MARTHA GILLETT, City Secretary
o rd; Mf/(e deflip~
APPROVED:
By: ~Ar~
CLA K . ASKINS, Assistant City Attorney
#SCU08-002
THE STATE OF TEXAS
COUNTY OF HARRlS
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 19th
day of June, 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
#SCU08-002, which has been requested for a 2.5 acre tract described as lots 1 thru 32, block 1150
& abandoned alley, Town of La Porte, Johnson Hunter Survey, Abstract 35, La Porte, Harris
County, Texas. HKP Investment, Inc., is seeking approval of a permit for the development of a
hotel to be located at 1332 S. 8th Street. Per Code of Ordinances, hotels and motels are classified as
a conditional use when adjacent to residential zoned properties.
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 information.
EXHIBJT A
fATE OF TEXAS
DUNTY OF HARRIS
ITY1LORT~
o JemCE-OF PUBLI
HEARING
B
281-471-1234
Fax 281-471-5763
820 S. 8th Street
La Porte, Texas 77571
accordance wit the
ovisions of action
)6-171 of the C e of
rdinances of the ity ~f! Th
I Porte, and th provl- i
)ns of the Te Local; e
ovemment Code, notice
hereby given' at the
I Porte Plann' 9 and
ming Commiss n will
iOduct a publihearing
6:00 P.M. on e 19th
IY of June, 2 . in the ;
)unCilChambe ' of the
tyHall, 604' est Fair-
ont Parkway, ' "Porte,
ocas. The : rpose of
s hearing is consider
>eeial Cond" nal ' Use
Irmn Request
;CU08-002, I ich has
len requested;; for a 2.5
re tract d . , cribed as
s 1 thru 32" ,block 1150
a~ndon;~1alleYJOh~~~~1 Before me the undersigned authority, on this date came and
J,nte\aSU1e, Ab~,:~' appeared Adam Yanelli, a duly authorized representative of The
~~~~nt, T~~~" isHK~ki~~ Bayshore Sun a semi-weekly newspaper published and generally
proval of permit for '
l developm"l of a ho- distributed in the City of La Porte Harris County Texas and who
to be I ted at 1332 "
~th Street, Per Code of after being duly sworn swears the attached notice was published in
dlnances, hotels and '
~~:~on~e SS~ena\d~ The Bayshore Sun ted 6 /1 /08
lent t " residential
ned prope s.
regular . eetingof the
Inning and . Zoning
mmissio will follow
,'public earing,forthe Ad
:~e' h:~~~ 'i~~:\ a
d to uct other'mat.!
s pe ing to 'the ]
mmissi .
RE:
PUBLIC NOTICE
CITY OF LA PORTE
#SCU08-002
City of La Porte
County of Harris
State of Texas
izens ishing to ad.
ISS the Commission
) or con during the
blic Hearing will be reo
ired to sign in before
, meeting is convened.
Sworn and subscribed before me this
June ,2008.
3rd
day of
~~-
Notary Public
Harris County, Texas
My Commission Exprires 03-13-2012
UIII III II III II lilt 111 1 1111111111111111111111111111 III
~. ~,,",,y P""'" DEBORAH SUE STOUT ~
= * ~ * NOTARY PUBLIC ::
= ':'): ~ ~ STATE OF TEXAS =
= "" OF ,..+1' Comm. Exp. 03-13-2012 ::
n'II/"1111I III 1111I11I1 1/1 m 1111I 11111 111/11\11 IIn
EXHIBIT 8
City of La Porte
Established 1892
June 23, 2008
Honorable Mayor Alton Porter and City Council
City of La Porte
Re: Special Conditional Use Permit #SCU08-002
Dear Mayor Porter & Council:
During the regular meeting on June 19, 2008, the La Porte Planning and Zoning
Commission held a public hearing to consider Special Conditional Use Permit #SCU08-
002. The applicant, HKP Investment, Inc., seeks approval to build a hotel on 2.5 acres,
being lots 1 thru 32 of Block 1150, Town of La Porte, Harris County, Texas. The
proposed use would be developed in a General Commercial (GC) zoning district adjacent
to a Medium Density Residential (R-2) zoning district.
The Planning and Zoning Commission recommends disapproval of Special Conditional
Use Permit #SCU08-002. This item will be. placed on the Council's July 14, 2008,
agenda for consideration.
:p,speClfullY submitted,
Pat M ston
Planning and Zoning Commission, Chairperson
c: Ron Bottoms, City Manager
John J oems, Assistant City Manager
Clark Askins, Assistant City Attorney
Planning and Zoning Commission
EXHIBIT C
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
#SCU08-002
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 14th day of July, 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 #SCU08-002, which has been
requested for a 2.5 acre tract described as lots 1 thru 32, block 1150 & abandoned alley, Town of La
Porte, Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas. HKP Investment, Inc.,
is seeking approval for the development of a hotel to be located at 1332 S. 8th Street. Per Code of
Ordinances, hotels and motels are classified as a conditional use when adjacent to residential zoned
properties.
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.
EXHJBIT D
820 S. 8th Street
La Porte, Texas 77571
the
'on
of
of
provi-
Local
remmenl , noticEl
hereby given . that th~
Porte City uncil will
tduct a hearing
6:00 P.M. the 14th
, of July" in the
uncil Cha ISO! the
y Hall, West, , Fair- I
(It Parkw La, Porte,
cas. purpose of
1 hearing to consider ,r
ecial dnional U~.:
rmit ,,:; :i<i.Request)
cu08-fXi ijl, which' . tlas 'I
en' req' ad ;for ,a ,2.5.
1'9':.\19 '., describe<! as i
~."~~ neW;,'rut:;::,'\'
':La' POrte,' rJohnson
mter SUryeY,:Abstra~t I Before me, the undersigned authority, on this date came and
, Port~," Hams I ...
= , T~.!~HK~ki~) appeared Adam Vane"" a duly authonzed representative of The
~~of :rhofeiet~~lt\ Bayshore Sun, a semi-weekly newspaper published and generally
: ~r ~ io~"o;~,i, distributed in the City of La Porte, Harris County, Texas and who
:: ~reh~:m;d~S~\ after bein duly swor, wears the attached notice was published in
I onal usewhr:J!1 ,~: The Ba\! hut tJ 6/29/08
ce to resll!entlal :lj
I properties.
regular me6till9 .~l)\ the
ny counc~:wm'~lowthe
JbIic hearing to( the pur~
)SB of acting (up<?n " the
Jblic, h8aringit~ and \
~~=~~them;nc~attelS. Ada~
mzens;:Wishing ,.;0 '" ad-
resS theeouncil: pro or
:in during' ',the'" ,Public
earing ',' will ,'. pe ',', required
I sign 'i in ; before the
Hl8ting is. conVened.
: STATE OF TEXAS
JNTY OF HARRIS
Y OF LA PORTE
281-471-1234
Fax 281-471-5763
Tb B'."'"
e "'.'::' ri"
" .:.;.:.:.
........;:;:~f:
'.:.;.:
~.:.
RE:
PUBLIC NOTICE
CITY OF LA PORTE
SPEC COND PERMIT
#SCU08-002
City of La Porte
County of Harris
State of Texas
Sworn and subscribed before me this
June ,2008.
30th
day of
~Jr;~J
Notary Public
Harris County, Texas
My Commission Exprires 03-13-2012
UIIIIIIIIIIIIIIIIlIIIII111111111111111II11111111 III ~
E. o~~..< '''s" DEBORAH SUE STOUT ::
= <'~C' NOTARY PUBLIC ::
E ~ ~ * STATE OF TEXAS ::
E "'';~EOF~+~ Comm. Exp. 03-13-2012 ::
it 1IIIII1I1II11I1111IllllUI nllllllllll111111111111n
EXHIBIT
r-
C.
City of La Porte
Special Conditional Use Permit # SCU 08-002
This permit is issued to:
H KP I nvestment. Inc.
Owner or Agent
4519 Parkleaf Drive. Bay town, TX 77521-8146
Address
For Development of:
Hotel (Sleep Inn & Suites)
Development Name
1332 South 8th Street. La Porte. TX 77571
Address
Legal Description:
Lots 1-32. Block 1150. Abandoned Alley, Johnson Hunter Survey.
Abstract No. 35, La Porte. Harris County. Texas.
Zoning:
General Commercial (GC)
Use:
Hotel
Permit Conditions:
1. This SCUP is specifically for development of a hotel on Block 1150.
2. Any expansion or enlargement of this facility shall be prohibited.
3. Screening and/or landscaping adjacent to residential area shall be required in accordance with
Section 106-444(a) of the Code of Ordinances.
4. Additional or at least 15% landscaping and screening must be provided along Little Cedar Bayou
Drive to insure an attractive appearance of the development.
5. Provide an irrigation system to ensure that all landscaping and screening is properly maintained
by the owner/developer.
6. Existing vegetation and trees shall remain in place along Little Cedar Bayou Drive and South 8th
Street.
7. All lighting in the parking lot shall be hooded and arranged to deflect light away from the nearby
residential properties in compliance with Section 106-521 (a) of the Code of Ordinances.
8. Sanitary sewer extension to and through the property will be the responsibility of the
owner/developer.
9. Truck parking shall not be permitted.
10. All paving/parking material shall be either asphalt or concrete in accordance with the Public
Improvement Criteria Manual (PICM) of the City of La Porte.
11. Harris County Flood Control District (HCFCD) criteria for detention/drainage system and
approval shall be applicable.
12. Detention maintenance is the sole responsibility of the owner/developer.
13. 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.
14. All new fencing and signage shall require a separate permit from the City's Inspection Division.
15. This permit does not become valid until a Development Site Plan is reviewed and approved in
accordance with the requirements of the Development Ordinance.
16. 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.
EXHIBIT
--
~-.
r
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 l<
Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped.
Validation Date:
Director of Planning
City Secretary
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A Meeting of the La Porte
Planning & Zoning Commission
(Type of Meeting)
to Consider
Scheduled for
June 19,2008
(Date of Meeting)
Special Conditional Use Permit#SCU08-002
(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:
- 7-1 /'v1'}/ ~/orj!" fie c ;.)" of La Ii,./€,.
, I '
- I]r;n9 ajj/!-;o/}o/ e/1Yl#J/of//JI'Jen1-.
, , v
- C; U'Je.raie -lax revenue 1'0,. 1-6 ( L:lJ1J J/.rfrt c-l
- Lc-reasc jus; /JeSS 0-1 St4rrou"l/n4 vel'1Jors.
,
. I am OPPOSED to granting this request for the following reasons:
k~NTll A;L D.PA-TEL. .J.jSJ'1 J')A-~I,-LElJ-F JR.,
Name (please print) HkP INIl13rfl,{e14tJN~ Address .
k(1AA~fc-VtA. 0 fCD~{TO\.NN lX- 77521
Signature '-.., City, State, Zip . I
Scheduled for
m [E@[ED If] [E~.
,I!
JUN 162008 vii
8 I
y~ -
A Meeting of the La Porte
Planninl{ & Zonin~ Commission
(Type of Meeting)
June 19, 2008
(Date of Meeting)
to Consider
Special Conditional Use Permit#SCU08-002
(Type of Request)
I have received notice of the above referenced public hearing.
I am in F AVO R of granting this request for the following reasons:
I=OPP05?f1~:: ~~
I
keh !<tJ6tJh1117lL
~ N_ (p~print)
#.It--/ Ii~
Signature
1102 tleedJ ~
~ /l;fl' 7X 7757/
City, State/Zip
A Meeting of the La Porte
Scheduled for
DII@lIll[VjlI/n]
J~008 ill
June 19, 2008
(Date of Meeting)
to Consider
Special Conditional Use Permit#SCU08-002
(Type of Request)
I have received notice of the above referenced public hearing.
I am in F AVO R of granting this request for the follo",-ing reasons:
I ato gnmting ,ru, "que" fo, the following ~"ill"
XIDtOAiG ,~~ 4- /HDrt!f'L !,A.J "//It//2 PJ2~cr Ylli2.b
~ZbA~6f) T;2/fFF/e- J- 4s/g,u.;- C/<f/J(C ~b/&!S'
;J:-,-iQ>L/t.,!) '0c31:..J6tf~"'-#6' V4Lu~ 0)::: /~/Y I>>Dre2'r'T.-
/
-::r: ~ ~rJ~ O~PC6t5b -(6 4- At1y-reL ~ C~ 7D J*Y'
.~.
ALA-N tJ. bL/N'~tJ~
~t:='ca
-'
" foe C-y';>12 E>S Ce've
Address
fA &~. III 77~7 /
.
'/' ame (please print)
, ~ iJ~ bu#l-~
Signature
City, State, Zip
A Meeting of the La Porte
~EC.E'VEO
Planning & Zoning Commission
(Type of Meering)
JtJ!\' 1 c
Scheduled for
June 19, 2008
(Date of Meering)
to Consider
Special Conditional Use Permit#SCU08-002
(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:
If
I am OPPOSED to granring tlns request for the following reasons:
In Iddattional to being an eyesore, any construction other than
residencial would have a negative enviromental impact on our
homes, just several hundred feet from the planned construction.
The nOlse, Ilght and trafflc pollutlon all hours of the day
and night, as vTeJ 1 as the oil ;'Inn other P01111r;'lnrR from
the concrete parking lots that would wash downward to our
community. Delivery trucks, dumpster trucks and the like working
all hours would add to the problem.
I respectfully ask that the Planning & Zoning Commision not
to issue this Special Conditional Use Permit.
Wiley Willingham .
A /Nam, e,(p~eas 'PD1t),', ~
1-7 I _ ' /~ ~(J .' La
~~<7 C/L;Zt!/L <-q ~/71''\
/ Sigpature /'.
1408 South 8th S~
Address
Porte, Texas 77571
Citv State Zin
A Meeting of the La Porte
Scheduled for
[U) ~ @ {ED ':IJ ~ ~
1\J\l JUN 18 Z008 W
Planning & Zoning Commission
(Type of Meeting)
June 19, 2008
(Date of Meeting)
By
.::::
to Consider
Special Conditional Use Permit#SCU08-002
(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:
~' 1 ,-;.::7=' : ' ; i ~\' ';~C:'7l
n I c:: I u1 I,' I',' , ,-'", I
U ~ '-.. '",," .!, :-":1! l' !j'
i : ~ ;,
JUN 1 9 2'1~8 ! :' :j
. vv L':
--
By
A Meeting of the La Porte
Plann.inl:{ & Zoning Commission
(fype of Meeting)
Scheduled for
June 19, 2008
(Date of Meeting)
to Consider
Special Conditional Use Permit#SCU08-002
(fype of Request)
I have received notice of the above referenced public hearing.
I am in FAVOR of granting this request for the following reasons:
I am OPPOSED to granting this request for the following reasons:
'\ ' .'.
reSlden l (!()
Signature
A Meeting of the La Porte
1fD) ~ @ ~ 0 ill ~TM
till JUN 1 92008 ill.
Plan...-ung & Zoning Commission
(Type of Meeting)
Scheduled for
Jtme 19, 2008
(Date of Meeting)
By
to Consider
Spedal Conditional Use Permit#SCU08-002
(ry?e of Request)
~
-~.
---.....~....
. .---.......-- -------- -
1 h.ave recenred llorjce'of ,he above referenced public bea-.ri.ng.
I amm F ATlOR.. of g.::~tizg d~ 1:e'qu.cst fc.r tbe follo,-",_;ng reasons:
I am OPPOSED iO granting dus request for the follo...-ing reasons:
-g;(~{Y'.+
fi.,';::'H L-
/
C/V&f2- -r; flt. ~
70LJ t-I- Po ,'Y? c:: So
C;2-/Yh e: l
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OW~G-JC- )
fP-4 j?~~f;
;..,/1 ~ g~!'nf?
CCJ ~ c.6f2..tJ~[:::),_ Ail/-'9 vf
t4-
t-tJt7S ..
f2-vr"- c/;,'//\ ~
UIZ-l> G+A.'ldJ~
~e (pb.se print)
~..
Signature
1407 BG6cI-l- CoVe
Addre::$
~~+ -t~~:L!> lL-
Clty, ::'ta~e, Zlp
~
, I.
1../0'/ l-r'
'-
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/
~
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A Meeting of the La Porte
Scheduled for
rm fi @"IT~
W JUN 182008
/;, :;
, ;1
, : ii
) .i~
,
Phmning & Zoning Commission
(Type of Meeting)
June 19, 2008
(Date of Meeting)
By ,
':;---j
to Consider
Special Conditional Use Pennit#SCU08-002
(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:
-- ~ ---
~ . - .. ------~-~
I am OPPOSED to grantmg this request for the followmg reasons: ')
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10
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Julv 14, 2008
Appropriation
Requested By: Michael Dolby, CPA, Director of Finane
Source of Funds: N/ A
Department: Finance
Account Number: N/A
Report:
Resolution:
Ordinance:
Amount Budgeted: N/ A
Exhibits:
Amount Requested: N/A.
Exhibits:
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
In accordance with Article IV, Section 4.03 of the City's Charter, Council shall determine the
place and time of the Public Hearing on the budget, and shall cause to be published a notice of
the place and time, not less than seven (7) days after date of publication, at which council will
hold a Public Hearing on the proposed budget.
Staff is recommending that a Public Hearing for the Fiscal Year 2008-2009 Proposed Budget be
held on Monday, August 25, 2008, at the regularly scheduled Council meeting, which begins at
6:00 p.m.
uired b Council:
pprove he recommended date of August 25, 2008, for the Public Hearing on the City's FY
9 Proposed Budget.
D~/1 ~8
THE STATE OF TEXAS)
COUNTY OF HARRIS)
CITY OF LA PORTE)
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council of the City of La Porte
will hold a Public Hearing on the 25th day of August 2008, in the Council
Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas,
beginning at 6:00 P.M. The purpose of this hearing is to provide citizens the
opportunity to comment on the overall budget.
This budget will raise more total property taxes than
last year's budget by $846,887, or 6.8%. It is not known at
this time the amount of tax revenue to be raised from new
property added to the tax roll this year because the certified
tax rolls are not yet available.
The City of La Porte, must, by Charter requirement, adopt its fiscal
budget by September 30,2007. Within thirty days thereafter, copies of the
adopted budget will be available for public inspection and copying at the
office of the City Secretary, City Hall, 604 West Fairmont Parkway, La
Porte, Texas, and the La Porte Community Library, 600 South Broadway, La
Porte, Texas, during normal business hours.
CITY OF LA PORTE
Martha A. Gillett, TRMC, CMC
City Secretary
11
REOUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 7/14/08
Requested By: Tim Tietje.. (}5:
Appropriation
Source of Funds: N/A
Department:
Plannin!!:
Account Number: N/A
Report: -X- Resolution: Ordinance: -X..-
Amount Budgeted: N/A
Amount Requested: N/A
Exhibits:
Ordinance
Sales Contract
Budgeted Item:
SUMMARY & RECOMMENDATION
The City is participating in the HOME Program through Harris County to construct five homes as part of
the Northside Neighborhood Plan. The first two homes have been completed and the remaining three are
under construction.
City Council is requested to authorize the sale of the home at 224 N. 6th Street, further described as Lots
3-4, Block 66, priced at $98,000 and to allow the City Manager, as the City's representative, to execute
the closing documents.
The attached ordinance also contains language authorizing the City Manager to execute closing
documents for the remaining three homes located at 211 N. 1st Street, 207 N. 2nd Street, and 216 N. 2nd
Street, at such time as buyers are located for these properties. If approved, the authority granted the City
Manager shall expire 180 days from passage of the ordinance.
~.~
IJanIc
Capital One, N.A.
5718 Westheimer Road, 10th Aoor
Houston, 1X n057
713.435.5716
713.435.5683 Fax
June 13,2008
Linda Doughty
1519 Highway 146 S
La Porte, TX 77571
Re: To Be Determined
La Porte, TX 77571
Dear Customer,
Based on the information you provided, I am pleased to inform you that you have been pre
approved to purchase a home up to $73,000.00 with a sales price of up to $98,000. We await the
contract for the purchase of your home, please contact me right away if you have any other
questions regarding your loan!
All the information you provided is subject to verification and will be subject to underwriting review.
Thanks for contacting Capital One Home Loans, If there is anything else I can do for you, please
contact me at 713-435-5318. Please be informed that buyer is applying for the Harris County down
payment assistance program.
~~~
Loan Consultant
1 ThIs peq....1fiaIlIon Is for the pwchase of a one-lo-four family dwelling, '-"house or condo. No this lime we do not otrer home loans for ooopetatives, IlIlInufaclured
homes. modular homes, moblle homes or C!lfI1Ill8rc1a1 properties. This Is IllII a conwnllrnenl to lend. TIWs peqU81lllc8lion Is based on InformeIion you provided including
your income, credit hisloIy and assets. Arry adWllSe change In the "InfonneIion you provided could change or nUllfy this pequeJllication. In order for us to proceed wIIh
your eppIlcaIion, addllion8llnformetlon will be l1lqUinsd, Including, but not IImled to, a cnsdJt report. selisfeclOly IIpprelael end appropriate evidence oIl11e for the
property being purchased. The avaII8bllty of our home products BIll subject to change. ThIs IJI1lCIII8IIIIcetion expires 45 days after the date of this 1ell8r. You may be
requlnsd to pay ceflain fees and charges for your loan. Other condllicns apply. Speak wIh ~ loan COIlSl.ftent for detells.
ORDINANCE NO. 2008-,r'AD
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE LAND SALE
CONTRACTS AND RELATED DOCUMENTS, AS PART OF THE H.O.M.E. PROGRAM
YEAR 2006 NORTHSIDE NEIGHBORHOOD SINGLE FAMILY CONTRUCTION
PROJECT, BETWEEN THE CITY OF LA PORTE AND LINDA DOUGHTY, FOR
PROPERTY LOCATED AT 224 N.6TH STREET, ALSO DESCRIBED AS LOTS 3-4, BLK.
66; AND BETWEEN THE CITY OF LA PORTE AND BUYERS OF PROPERTIES AT 211
N.lsT STREET, ALSO DESCRIBED AS LOTS 23-24, BLK. 62; 207 N.2ND STREET, ALSO
DESCRIBED AS 21-23, BLK.63; AND 216 N.2ND STREET, ALSO DESCRIBED AS LOTS
3-4, BLK. 62, AT SUCH TIME AS BUYERS ARE LOCATED; MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the contracts, agreements,
conveyance of referenced properties, other undertakings described in the title of this ordinance, in
substantially the form as shown in the documents which are attached hereto and incorporated herein
by this reference. The City Manager is hereby authorized to execute a land sale contract and all
related documents on behalf ofthe City of La Porte for the conveyance of224 N. 6th Street, to buyer
Linda Doughty. Furthermore, the City Manager is hereby authorized to execute land sale contracts
and related documents on behalf of the City of La Porte, with buyers of properties located at 211 N.
1 st Street, 207 N. 2nd Street, and 216 N .2nd Street, at such time as buyers of said properties are located
and agree to purchase same from the City. The authority given to the City Manager to execute the
agreements and related documents approved by this ordinance shall expire one-hundred and eighty
days (180) days from its passage and approval. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such documents.
Section 2. The City Council officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour, place, and subject of this meeting of the City Council was
Page 1 of2
posted at a place convenient to the public at the City Hall of the City for the time required by law
preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required by law at all times during which
this ordinance and the subject matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves, and confirms such written notice and the contents
and posting thereof.
Section 3. This Ordinance shall be effective from and after its passage and approval, and it is
so ordered.
PASSED AND APPROVED, this ~ day of Y u 1\1
7
2008.
CITY OF LA PORTE
~~7~
By:
Alton E. Porter,
Mayor
ATTEST:
Y-tt CvlrH ~, ~VJ.C ~
Martha Gillett,
City Secretary
APPROVED AS TO FORM:
~-r d'~~A4
ar . Askins,
Assistant City Attorney
Page 2 of2
12
~-~
-
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Appropriation
Requested By:
Capital Improvement
Department:
Account Number:
015-9892-893-1100
Report: _Resolution: _Ordinance: 3-
Amount Budgeted:
$75,889
Exhibits:
Amount Requested:
$137,500
Exhibits:
Bud eted Item:
YES X
NO
SUMMARY & RECOMMENDATION
At the City Council Retreat this past April, Council gave direction to proceed with the design of the
bicycle-pedestrian pathway along the south side of Fairmont Parkway from 8th Street to the eastern boundary of
La Porte at Willow Spring Gulley. The pathway, when completed, will provide an east-west connector between
the cities of La Porte and Pasadena, and also connect to the north-south routes along Bay Area Boulevard and S.
Broadway.
The City of La Porte has worked with the engineering firm of Huitt-Zollars, Inc. on several major
projects including the La Porte Police Department and the La Porte Wastewater facility, with excellent results.
Huitt-Zollars, Inc. has also performed design work and construction monitoring for the bicycle-pedestrian
pathway and bridge over Little Cedar Bayou, for the City of La Porte. The firm has many years of experience in
the design of transportation infrastructure, including bicycle-pedestrian ways.
Staff recommends approval of the ordinance authorizing the contract with Huitt-Zollars, Inc. for design
services for the bicycle-pedestrian pathway along the south side of Fairmont Parkway in the amount of
$137,500.00 including survey, abstracting, design, bidding, and construction monitoring services.
Action Required bv Council:
Consider approval of an Ordinance authorizing the City Manager to execute a contract between the
f La Porte and Huitt-Zollars, Inc. in the amount of $137,500.00 for design services for the bicycle-
pedes 'an pathway along the south side of Fairmont Parkway, including survey, abstracting, design, bidding,
and co s . on monitoring services.
~/og
ORDINA1~CE NO. 2008- _ dfJi l
AN ORDINANCE APPROVING AND AUTHORIZING A DESIGN CONTRACT
BETWEEN THE CITY OF LA PORTE AND HUITT-WLLARS, INC. TO PROVIDE
DESIGN SERVICES FOR THE FAIRMONT PARKWAY BICYCLE-PEDESTRIAN
PATffi\;'AY PROJECT ACCORDING TO THE TERi"IS OF THE AGREEMENT
PROVIDED; APPROPRIATING $137,500.00 TO FUND SAID AGREEMENT; MAKING
VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAIl\l'ED BY THE CITY COlJNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the contract, agreement, or
other undertaking described in the title of this ordinance, a copy of which is on file in the office of the
City Secretary. The City Manager is hereby authorized to execute such document and aU related
documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to aU such documents. The City Council appropriates
the sum not to exceed $137,500.00 for the project identified herein, from the 015 Capital
Improvement Project Fund to fund the City's share of said Agreement.
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 su~ect matter thereof has been discussed, considered and formally acted upon. The City Council
further ratifies, approves, and confirms such written notice and the contents and posting thereof
Page 1 of2
Section 3. This Ordinance shall be effective from and after its passage and approval, and it is
so ordered.
PASSED AL'\lD APPROVED, this 14m day of JULY 2008.
CITY OF LA PORTE
~l~~
By:
Alton E. Porter,
Mayor
ATTEST:
~t1}(~/.1KIH( ~
Ma a GIllett,
City Secretary
APPROVED AS TO FO~lIv1:
~-r~
Clark T. Askins,
Assistant City Attorney
Page 2 of2
.,...-.
13 .
,-
REQUEST FOR CITY COUNCIL AGENDA ITEM
Report: X Resolution:
Ordinance:
Appropriation
Source of Funds: N/A
Account Number: N/A
Amount Budgeted: N/A
Amount Requested: N/A
Budoeted Item: N/A
Agenda Date Requested: Julv 14.2008
Department: Plan nine:
~~
Requested By: Tim Tietiens
Exhibits:
Developer's Agreement
Letter by General Partner
Builder's Contract
Aerial Map
SUMMARY & RECOMMENDATION
The Lakes at Fairmont Greens Subdivision is developing under a General Plan and Special Conditional Use
Permit #SCU 04-012 approved by City Council on August 23, 2004. The Planning and Zoning Commission
granted a I-year extension for the Permit on April 21, 2005, and construction on the infrastructure has been
completed. Section 1 of this subdivision is located southeast of State Highway 146 and Wharton Weems
Boulevard. It is bounded on the east and south by the Bay Forest Golf Course, and on the west by State Highway
146. This section consists of 92 lots, two blocks, two reserves, and two points of entry/exit along Wharton Weems
Boulevard.
City Council, at the January 28, 2008, meeting, approved a Developer's Agreement, which mandates the
recordation of the Final Plat for Section 1 upon acceptance of infrastructure and completion of the developer's
items by May 2008. In addition, the developer must furnish the City an approved and executed agreement with
the subsequent builders assigning any construction or installation responsibilities along with a schedule of
construction prior to the issuance of any building permits. The plat for Lakes at Fairmont Greens Section 1 has
been recorded with Harris County. Until very recently, there was no progress on the developer's items and no
agreement had been received by the May deadline, therefore the Developer's Agreement was in default.
An amended Developer's Agreement is required due to a change in partnership. The document showing
resignation by the general partner and assignment of the general partner's partnership interest to a new general
partner was received by staff on June 05, 2008. A copy of the contract between the developer and the builder
assigning construction installation and other amenities was received on June 18,2008. As of July 01, 2008, the
developer began implementing items previously required of the developer, such as sound wall and ornamental
fencing. After approval of the amended Developer's Agreement by City Council, the applicant would be
authorized to proceed with obtaining building permit for new homes.
Action Required bv Council:
Co sider approval ofthe amended developer's agreement, along with milestone dates, fence and other
am nity specifications for the Lakes at Fairmont Greens, to be located along State Highway 146 adjacent to
the Forest Golf Course.
1
~
Date
DEVELOPER'S AGREEMENT
This DEVELOPER'S AGREEMENT ("Agreement") is entered into between Reddy
Partnership/La Porte, their Successors and Assigns (Developer) and" C;11;( OF LA
POB,:rE\ TEXAS, a Texas Municipal Corporation ("City") on the ~ day
of J Ll '( , 20~
Recitals
The Developer has proposed development of an approximate 138.41-acre tract in the
City of La Porte, as the Lakes at Fairmont Greens, which is referred to as the Tract and
defined hereinafter in Article I. Developer plans to develop the Tract, presently zoned
PUD, for single family residential use. City approval of this Developer's Agreement
shall constitute land use entitlement, subject to the additional requirements outlined
herein. Developer shall construct municipal utilities, including streets, a water
distribution system, wastewater collection system, and the storm drainage/detention
system that will connect with the existing City of La Porte and other regional systems in
accordance with development regulations and policies of the applicable regulatory
agencies. In addition to municipal utilities, the Developer will construct the following
public amenities that will be owned by the City and maintained by the Public
Improvement District (PI D): 1) 8' wide concrete hike and bike trails along the
detention/amenity ponds that will extend from Little Cedar Bayou Park to McCabe Road
2) 8' high masonry sound wall along S.H. 146 3) 6' high ornamental iron fence adjacent
to the golf course as well as along rear lot lines which share a common boundary with
detention/amenity ponds 4) 6' upgrade wood fence with rot board and cap along
Wharton Weems Blvd. and McCabe Road 5) school bus stops (approximately 4) 6)
landscaping 7) entry monumentation 8) reserves/open space (including Taylor Bayou
and detention/amenity ponds) 9) 8' wide pedestrian bridge over Taylor Bayou and 10) a
1-2 acre park north of Wharton Weems Blvd. with play equipment, tables, benches,
BBQ pits, trash cans, etc. (As defined in Exhibits F and G attached hereto.)
The City has required, and Developer has agreed, that the tract will be developed in
general accordance with the Overall Lakes at Fairmont Greens development (in
accordance with the General Plan) approved by the City (as defined below and attached
hereto as Exhibit C). Such General Plan shall be subject to periodic amendment as
each phase of the development is implemented.
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises, obligations, and benefits
contained herein, the City and Developer agree as follows:
Developer's Agreement (Rev.)doc.doc
Page 1 of 9
ARTICLE I. DEFINITIONS AND EXHIBITS
1.1 Definitions. Unless the context indicates otherwise, the following words as used
in this Contract shall have the following meanings:
City means the City of La Porte, Texas.
General Plan means the plan for the physical dev~~pment aod use of the Tract as
defined herein and approved by the City on the/f:.day of--.JeA \y , 20n2, or as
amended as allowed herein.
SCUP means Special Conditional Use Permit approved by the City.
Developer means Reddy Partnership/La Porte or their assigns or succeeding
developers.
Tract means the approximate 138.41 acres of land to be developed by Developer as
described in Exhibit B attached hereto.
HOA shall mean and refer to Lakes at Fairmont Greens Homeowners Association, Inc.,
a non-profit corporation incorporated under the laws of the State of Texas its
successors and assigns.
1.2 Exhibits. The following exhibits attached to this Contract are a part of the
Contract as though fully incorporated herein:
Exhibit A - Special Conditional Use Permit (SCUP)
Exhibit B - Metes and Bounds Description of the Tract(s)
Exhibit C - Overall Lakes at Fairmont Greens development (in accordance with the
General Plan as amended)
Exhibit 0 - (Reserved)
Exhibit E - Declaration of Restrictive Covenants for Lakes at Fairmont Greens
applicable to all construction and uses as filed at the film code #......, H.C.M.R.
Exhibit F - Schematic Landscape Design (Also includes unattached seven sheet plan
set dated 5-30-07 produced by Gerald Brown, ASLA, and received by staff on 11-22-07,
as redlined.
Exhibit G - Amenity Plan (Open Space / Trail System / Sound Wall / Upgrade Fence /
Ornamental Iron Fence / Park) - Plan views and Cross-Sections
Exhibit H - Metes & Bounds Description of that Portion of Taylor Bayou Accepted by the
City to be maintained by the PID.
Exhibit I - Public Improvement District Agreement
Developer's Agreement (Rev.)doc.doc
Page 2 of 9
ARTICLE II. GENERAL PLAN AND LAND USE
2.1 General Plan and Land Use. Developer shall develop the entire Tract in
general accordance with the General Plan, SCUP and this Agreement, and any
amendments thereto, as approved by the City, allowing for periodic updates and
amendments to such Plan as various sections of the Overall Development are
implemented. The overall Lakes at Fairmont Greens development (in accordance with
the General Plan) is attached herewith and additional Land Use Restrictions are
provided for in paragraph 2.3.
2.2 Amendments. The City acknowledges and Developer represents that the
Developer's intent is to develop the Tracts as a residential PUD development consistent
with the City's Land Use Plan subject to certain exceptions listed below. Developer or
Developer's successors shall provide amenities and support facilities as set forth on the
General Plan and SCUP, both of which are attached to this Agreement. City
acknowledges that Developer intends to develop the Tracts in phases, and that all
development shall be in accordance with the Special Conditional Use Permit #SCU 04-
012 (SCUP), the General Plan and this Agreement. Should Developer determine that
the General Plan needs to be amended, Developer shall submit said modifications to
the City for review and approval, which said application shall be processed consistent
with this Agreement, the current General Plan and the Zoning Ordinance of the City of
La Porte, as the same may be amended from time to time. Amendments to the General
Plan, the Special Conditional Use Permit, and/or this Agreement shall be in writing.
2.3 Additional Land Use Restrictions. Developer agrees to conform to the City's
Code of Ordinances, Land Use Plan and established policies.
ARTICLE III. RESTRICTIVE COVENANTS
3.1 Development of Restrictive Covenants. Developer has recorded Declaration
of Restrictive Covenants for Lakes at Fairmont Greens which are attached to this
Agreement as Exhibit "E". The covenants and deed restrictions apply to and are binding
upon the entire Tract. Declaration of Restrictive Covenants shall be approved by the
City and shall be recorded concurrently with the recordation of each subsequent plat.
ARTICLE IV. TERMINATION
4.1 Term. This Agreement shall have a term commencing on the date first written
above and continuing until the date in which all portions of the Tract have been platted
and developed (with construction of all streets and utilities on the Tract as reflected by
the plats completed or installed and financed by the Developer).
Developer's Agreement (Rev.)doc.doc
Page 3 of 9
Failure of Developer to begin construction in accordance with the approved plat/plans
and Special Conditional Use Permit within one year after issuance of said permit or as
scheduled under the terms of the SCUP shall terminate this Agreement. Developer
may, before the expiration of one year, request an extension of time from the Planning
and Zoning Commission, in the event that construction has not started in accordance
with the SCUP.
ARTICLE V. OPEN SPACE/TRAIL, BUFFERING AND
BEAUTIFICATION
5.1 Open Space/Pedestrian Trail System. The Developer shall provide common
open space and pedestrian trails within the Restricted Reserves as shown in Exhibit C.
Details and cross-sections are further illustrated on the Schematic Landscape Design
(Exhibit F).
It is recognized that, until the final design of the detention pond/drainage system within
each section is approved, the exact location and dimensions of these facilities are
schematic. However, when the final design is approved, the City agrees to accept these
areas as public recreation amenities to be maintained by the PID, further explained in
the Public Improvement District Agreement (Exhibit I).
5.2 Beautification. The Developer shall implement a landscape plan for all phases
of the entire project that will address landscaping provisions in the detention ponds,
areas adjacent to the Bayforest Golf Course, at all subdivision entrances and along S.H.
146. Such public landscape and amenity areas are to be owned by the City and
maintained by the PID.
5.3 Taylor Bayou. The portion of Taylor Bayou described by metes and
bounds in Exhibit H, as well as the subdivision's drainage outfall structures within
drainage reserves, will be owned by the City and maintained by the PID. Enhanced
amenity plan of Taylor Bayou shall be approved by the City.
5.4 Ownership and Maintenance. The City will own all of the public landscape,
drainage, detention, open space and recreation reserves throughout the Development.
The maintenance of the reserves and easements will be the responsibility of the PID
pursuant to provisions of the deed restrictions, enforced by the HOA.
Grass within the dry areas of the detention ponds and Taylor Bayou will be maintained
at 12 inches in height or less. Erosion or other maintenance items within detention
ponds and Taylor Bayou will be corrected immediately as it is discovered by filling,
compacting and seeding.
Grass within parks, open space and landscape reserves will be maintained within 6
inches and grass within drainage reserves will be maintained at 9 inches in height or
less.
Damage to the public fences, sound walls and entry monumentation will be repaired as
damage occurs.
Developer's Agreement (Rev.)doc.doc
Page 4 of 9
5.5 Bi-Lateral Agreement. The Home Owner's Association and the Public
Improvement District will enter into a Bi-Lateral Agreement that states that the PID will
assess and collect the funds for the maintenance of the items listed above and the HOA
will hire the contractors and oversee the actual maintenance activities.
ARTICLE VI. SCHEDULE
6.1 Project sequencing. The Developer shall establish a specific sequence for the
development and construction of the project. Engineering, platting and construction of
the project are to be by section. The components contained in each section are subject
to approval by the City and are delineated in Exhibit C. The project schedule is
applicable to each section as outlined below:
. Complete engineering study, including drainage and preliminary infrastructure
design.
. Detailed engineering design for Phase, including water and sanitary sewer service
and initial drainage and detention to accommodate Phase;
. Subdivision preliminary platting, site plan, and detailed engineering plans review by
the City of La Porte and others;
. Submission of Final Plat.
. Installation of on-site and off-site improvements in accordance with Plans.
. Recordation of Final Plat
. Completion of other "Developer Items" such as fences, landscaping, amenities, etc.
. Continuation of remainder of development as rapidly as market demands.
The builder(s) selected by the developer is/are hereinafter authorized to make
application for permits to construct housing units within "Lakes at Fairmont Greens
Subdivision Section 1 ", as per the requirements of this agreement and the builder's
agreement also attached to the ordinances authorizing this agreement.
The developer acknowledges the City recently authorized him to place a temporary
construction/sales trailer and to construct "Developer items" herein described applicable
to Section 1 subject to submittal and issuance of permits. Implementation of said items
are to be constructed in accordance with Section 6.3 below.
6.2 Plat Recordation. The final plat for each section, as approved by City Planning
and Zoning Commission, may be recorded once the City has inspected and accepted
the Water, Sewer, Drainage and Paving for that section.
The recordation of Final Plats for successive phases implemented under this agreement
may also be done after City acceptance of the public infrastructure for said phase,
subject to the Developer providing the City with an acceptable date for completion of
other "Developer Items" applicable to those sections. Final plats on successive phases
will not be approved until "Developer Items" on current sections under construction are
completed.
6.3 The Lakes at Fairmont Greens, Section 1 plat has been recorded with Harris
County and the water, sewer, drainage and paving have been accepted by the City. The
Developer's Agreement (Rev.)doc.doc
Page 5 of 9
following list, plans and specifications subject to City approval, will be considered
"Developer Items" applicable to Section 1: 1) 8 feet sound wall along State Highway 146
2) 6 feet upgrade wood fence along Wharton Weems Boulevard 3) 6 feet high
ornamental iron wrought fence along the golf course 4) entry monumentations 5)
landscaping and 6) school bus stop 7) Payment for the signalization of Wharton Weems
Boulevard at State Highway 146 to be shared with the developer of Port Crossing
development. 8) Rear lot line fences adjacent to any pedestrian pathway or similar
amenity are to be of like standard with the fence along the golf course and may be
passed on to the builder subject to the approval by the City. Completion of "Developer
Items" for Section 1 shall continue following approval of this agreement with a
completion date not to exceed December 31, 2008.
Failure to accomplish the "Developer Items" may give cause for the TIRZ board to
withhold further increments. Developer will furnish to the City approved and executed
agreements with subsequent builders assigning any construction or installation
responsibilities along with a schedule of construction prior to the issuance of any
building permits.
ARTICLE VII. UTILITIES, DRAINAGE
7.1 Utilities, Drainage. The Developer shall design and construct adequate water,
wastewater, and drainage facilities to serve each section of this project in accordance
with the City requirements and as further defined by this Agreement. As to water and
sanitary sewer, this would include a water system necessary for both fire suppression
and potable water supply with a loop connection to the main on the east side of S.H.
146 and a wastewater collection system.
The Developer will provide a drainage study for the subject property, which will include
the effect of the development on the surrounding properties as well as other properties
in the watershed. The study and design of drainage improvements shall meet the
requirements and approval of the appropriate governing agencies. Developer's
representative agrees to meet with City, prior to design of public utilities, to discuss
design criteria standards and policies. City shall approve all construction plans and
specifications for public improvements.
ARTICLE VIII. BUILDING LINES
8.1 Building Lines. The Developer shall establish building lines appropriate to the
use, but not less than those prescribed in the City's Code of Ordinances/SCUP.
Developer agrees that building lines will be either equal to or greater than that required
by ordinance for the zoning use shown and shall be based on site use or as shown on
the General Plan.
Developer's Agreement (Rev.)doc.doc
Page 6 of 9
ARTICLE IX. BUILDING PLANS - PRODUCT
9.1 Building Plans. The Developer in conjunction with the subsequent builder will
provide the City appropriate or the best line of house product especially on the lots
overlooking the Golf Course.
ARTICLE X. MISCELLANEOUS
10.1 Sale of Tract; Assignability. Any contract by Developer to sell the entirety or
any portion of the Tract to a person or entity intending to develop the tract or such
portion thereof (a "Successor Developer," whether one or more) and any instrument of
conveyance for the entirety or any portion of the Tract to such Successor Developer
shall recite and incorporate this recorded Contract and exhibits hereto and provide that
this Contract be binding on such Successor Developer.
10.2 Force Majeure. If by reason of force majeure any party hereto shall be rendered
unable wholly or in part to carry out its obligations under this Agreement, then if such
party shall give notice and full particulars of such force majeure in writing to the party
within a reasonable time after occurrence of the event or cause relied on, the obligation
of the party giving such notice, so far as it is affected by such force majeure, shall be
suspended during the continuance of inability then claimed, but for no longer period;
and any such party shall endeavor to remove or overcome such inability with all
reasonable dispatch. The term "Force Majeure" as employed herein shall mean acts of
God, strikes, lockouts or other industrial disturbances, acts of public enemy, orders of
any kind of the Government of the United States, or any civil or military authority,
insurrection, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes,
storms, floods, washouts, arrests, restraining of government and people, civil
disturbances, explosions, or partial or entire failure of water supply resulting in an
inability to provide water necessary for operation of the water and sewer systems
hereunder. Force Majeure may not be claimed by Developer under any set of
circumstances prior to commencement of construction on the Tract.
10.3 Law Governing. This Contract shall be governed by the laws of the State of
Texas and no lawsuit shall be prosecuted on this Contract except in a federal or state
court of competent jurisdiction.
10.4 No Additional Waiver Implied. No waiver or waivers of any breach or default
by any party hereto of any term, covenant, condition, or liability hereunder, or the
performance by any party of any duty or obligation hereunder, shall be deemed or
construed to be a waiver of subsequent breaches or defaults of any kind, under any
circumstances.
10.5 Addresses and Notice. Unless otherwise provided in this Contract, any notice,
communication, request, reply, or advice (herein severally and collectively, for
convenience, called "Notice") herein provided or permitted to be given, made or
accepted by any party to the other (except bills), must be in writing and may be given or
be served by depositing the same in the United States Postal Service and addressed to
the party to be notified. Notice deposited in the mail in the manner hereinabove
Developer's Agreement (Rev.)doc.doc
Page 7 of 9
described shall be conclusively deemed to be effective, unless otherwise stated in this
Contract, from and after the expiration of three (3) days after it is deposited. Notice
given in any such other method shall be effective when received by the party to be
notified. For the purpose of notice, addresses of the parties shall, until changed as
hereinafter provided, be as follows:
If to the City, to:
Ron Bottoms
City of La Porte
City Manager
604 W. Fairmont Parkway
La Porte, Texas 77571
If to Developer, to:
Dr. Malladi Reddy, M.D.
65 La Porte, Ltd.
c/o Baycrest, LLC.
2045 Space Park Dr., #180
Houston, Texas 77058
The parties shall have the right from time to time and at any time to change their
respective addresses and each shall have the right to specify any other address by at
least fifteen (15) days written notice to the other.
10.6 Merger and Modifications. This Contract, including the exhibits that are
attached hereto and incorporated herein for all purposes, embodies the entire
agreement between the parties relative to the subject matter thereof. This Contract
shall be subject to change or modification only with the mutual written consent of the
parties.
10.7 Benefits of Contract. This Contract is for the benefit of the City and Developer
and shall not be construed to confer any benefit on any other person except as
expressly provided for herein.
10.8 Attorney's Fees. In the event of any litigation between the parties with respect
to this Agreement, the prevailing party shall be entitled to recover its reasonable
attorney's fees and court costs from the losing party.
10.9 Government Immunity Preserved. The Developer and the City agree that the
City does not, by entering in to this Contract or performing any act hereunder or by
failing to take any action hereunder, waive any governmental immunity that the City, its
officers, employees, or representatives, have under any law.
10.10 One-Party Breach. Any breach of this agreement by one party identified and
referred to herein as Developer shall not be or constitute a breach of this agreement by
the other party of Developer.
10.11 Covenant Running With the Land. The obligations imposed on Developers
herein shall not impose personal liability on them, but shall constitute a covenant
running with the land, and as such shall be binding on the present owners of the Tract
as well as subsequent owners thereof.
Developer's Agreement (Rev.)doc.doc
Page 8 of 9
DEVELOPER:
Reddy Partnership/La Porte
~
/ ..'~ WlQ
By:.' ''-- ' .
Dr. Malladi S. Reddy . -
Date:
7/t,!- / J-a/'r
J
Date:
1./4-!J (
ATTEST:
APPROVED:
W#r~
Clark 1. Askins, Assistant City Attorney
Developer's Agreement (Rev.)doc.doc
Page 9 of9
16
askins
& askins P.C.
ATTORNEYS and COUNSELORS
Knox W. Askins
Clark T. Askins
July 3, 2008
Hon. Mayor & City Council
City of La Porte
City Hall
La Porte, Texas
Mr. Ron Bottoms
City Manager
City of La Porte
City Hall
La Porte, Texas
Mr. John Joerns
Assistant City Manager
City of La Porte
City Hall
La Porte, Texas
Mr. Michael Dolby
Director of Finance
City of La Porte
City Hall
La Porte, Texas
Re: City of San Antonio, Texas, Et AI, Plaintiff vs Hotels.Com,
L.P., Et AI, Defendants; a Class Action Lawsuit in the United
States District Court, Western District of Texas, San Antonio
Division, in the Nature of a Class Action Lawsuit for the
Collection of Hotel Motel Taxes.
Dear Gentlemen and Ms. Malone:
Each of you will find enclosed with your letter, copy of a letter
which was dated June 25, 2008, from Diamond McCarthy LLP, attorneys
of Dallas, Texas, which explains the nature of this litigation; an
Order on Class Certification which was entered by the Court on May
27, 2008; and a formal notice to the City of La Porte and the other
174 class member cities, entitled "Class Action Notice", which
gives a summary of the proceedings, and the elections which the
City of La Porte must make.
I have carefully reviewed this material, and it is my
recommendation that the City of La Porte exercise Option C, "The
Right to Be Included In or Excluded From the Class", subparagraph
1, "Your City Mav Do Nothinq and Remain a Member of the Class".
702 W. Fairmont Parkway, P.O. Box 1218, La Porte, TX 77572-1218
281.471.1887 phone . 281.471.2047 fax . knoxaskins@comcast.net . ctaskins@swbell.net
City of San Antonio
July 3, 2008
page 2
In my opinion, the City has everything to gain, and nothing to
lose, by participating in the class action litigation. As pointed
out in the notice, the city of La Porte will have no obligation to
pay any of the costs or attorneys fees involved in the litigation
at this time. As in a personal injury lawsuit, if the class
prevails, the Court will award attorneys fees and non taxable
costs, as authorized by law, which will come out of the damages
awarded. On the other hand, if the cities do not prevail in the
lawsuit, the class action attorneys will have to pay these costs.
I have prepared and enclosed a form of ordinance for consideration
by City Council, electing the recommended Option. If City staff
wishes to make a different recommendation, please advise me, and I
will prepare an appropriate ordinance for consideration by City
Council.
Please call me if you have any questions.
y~;;zL
Knox W. Askins
City Attorney
City of La Porte
KWA: sw
Enclosures
cc: Ms. Martha A. Gillett
City Secretary
City of La Porte
City Hall
La Porte, Texas
ORDINANCE NO. 2008~jOq~
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA PORTE, ELECTING
TO BE INCLUDED IN A CLASS ACTION LAWSUIT PENDING IN UNITED STATES
DISTRICT COURT, WESTERN DISTRICT OF TEXAS, SAN ANTONIO DIVISION,
FOR THE COLLECTION OF HOTEL-MOTEL TAXES FROM ONLINE TRAVEL
COMPANIES, 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 of La Porte has received a "Class Action
Notice" dated June 30, 2008, in connection with a suit styled City
of San Antonio, Texas, et al, Plaintiff v. Hotels.com, L.P., et al,
Defendants, Case No. SA06CA0381 OG, pending in the united states
District Court, Western District of Texas, San Antonio Division.
After due consideration of the options presented to the City of La
Porte in the "Class Action Notice", the City Council of the City of
La Porte exercises its right to be included in the class of 175
Texas cities constituting the class, and remaining a member of the
class.
Sec tion 2.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this I~day of July, 2008.
~~.OF .LJ;\ PORTE
~X~
Alton E. Porter, Mayor
By:
ATTEST:
~0tlh1/( \Jf-{UA~~ 7l p.f{ /lU
Ma tha A. Gillett I
City Secretary
APPROVED:
~W
Knox W. Askins
City Attorney
2
...
-.
-
-
-
T
DIAMOND McCARTHY LLP
Attorneys & Counselors
Renaissance Tower 11201 Elm Street, 34th Floor I Dollos, TX 75270 I Phone: 214.389.5300 I Fox: 214.389.5399
June 25, 2008
Mr. KnoxW. Askins
City Attorney
P.O. Box 1218
La Porte, TX 77572-1218
Re: City of San Antonio, Texas, on Behalf of Itself and All Other Similarly Situated
Texas Cities v. Hotels.com, et a!., Case No. SA06CA0381 OG
Dear Mr. Askins:
On May 27,2008, the Federal District Court for the Western District of Texas certified a
class of 175 Texas cities (including your City) in a suit for damages against certain online travel
companies ("OTCs") - like Hotels.com, Travelocity, Expedia, Priceline.com, Orbitz, and others.
The suit, originally filed May 8, 2006, alleges that the OTCs collect the hotel occupancy tax
from customers at the retail price they charge the customer for the room, but remit the tax based
on the wholesale price they paid the hotel for the room, keeping the difference.
By way of example, an OTC sells a room to a customer for $200.00 and charges a 15%
bed tax or $30.00. It remits the tax based on the $150.00 wholesale price it pays the hotel for the
room - or $22.50 ($150 x 15%), keeping the difference - or $7.50.
A two-day class certification hearing was held on May 16 and May 17,2007. This letter is an
informal notice of the certification order, a copy of which is enclosed, along with the 32-page detailed
OpInIOn.
One of the most significant findings of the Court is on page 4 where the Court writes: "It
is undisputed that Defendants have paid bed taxes to the hotels on the wholesale price of
. the rooms, but they have never paid taxes on the retail price that the consumer pays when
he books a room through a web-based company." That finding is important because it is
contrary to the ordinances of the cities in the class (including your ordinance). Weare in the
process of calculating damages for each city in the class.
As lead counsel for the Plaintiffs, we will mail a formal notice to you and the other class
members shortly.
Please let me know if you have any questions.
With kind regards,
)~Lv~
Steven D. Wolens
Jur~ 2 7 LUlJO
SDW!cs
Enclosures Diamond McCarthy LLP
Austin 16504 Bridgepoint Porkwoy I Suite 400 I Austin, TX 78730 I Phone: 512.617.5200 I Fax: 512.617.5299
Houston I Two Houston Center I 909 Fannin, Suite 1500 I Houston, TX 7701 0 I Phone: 713.333.5100 I Fox: 713333.5199
New York /620 Eighth Avenue, 39th Floor / New York, NY 10018 I Phone: 212.430.5400 I Fax: 212.430.5499
www.diamondmccarthy.com
-~----'---'----_._~--~---~_.-
UNITED STAT~S DISTRICT C()URT
WESTERN DISTRICT OF tEXAs
SAN ANTONIO DIVISION
FILED
Def~ndants
)
)
)
)
)
)
)
)
)
Qt..ERK, u.s,
\IIJE$TERN Dl
BY~
CITY OF SAN ANTONIO
Plaintiff
v;
CIVIL NO. SA..06..:CA-38i..OG
HOTELS~COM,etal
Order on Class Certification
PendingbefotetheCourt isPlain1iWs Motion for Cla.ss Certincatit)n CDkt. # 45).
Defendants filed a response (Dkt. # 55, 56) and Plaintiff filed a reply (Dkt#59). Plaintiff
arl1ended its corn plaint (Dkl:. # 74) and then supplemented itsmotionCDkt. #88). TheCourt
detetminedthattUscovety on class certification issues was hecessaty, and. th.e parties ehgagedill
rathetemeljS't've':pre-certificatiohdisQ0very. At the end of the discovery period, Plaintiff filed a
briefin support oflts supplemental motion (Dkt. # 152) and Defendal1tsfiIed their opposition to
Pla.intiff's supplementalmotlon for class certification (Dkt. # 163, 164). Pla.intiff then filed its
second supplementalbriefin support of class certification(Dkt. # 190).
011 May 16~ 17, 2007, the Gourt held an evidentiary hearihg on the motion for class
certification. The Court heardevideJ:1ceand legal arguments from all parties and, in the interest
ofjudicia.l economy; allowed certain evidence to be presented by submission. After the hearing,
Plaintlfffile:dits post-heating brief ili support of its supplemental motion for class certification
([>&1.. #217,218) and Defendants filed their post~heatii1g briefin opposition thereto (D1.1.. # 22(}).
The parties' experts, whotesrifiedat the class certification hearing, were also permitted to
supplement their reports. Their supplemental and rebuttal reports were filed along with the
exhlblts,an~deposi:tion tesHm.ol1.ythatwere',offeredbysubmission.
A;~f heanng,tlIeargtitiIel'ifs..ofeoufisel.'andfhe'evldencepresentetlh'Y.submtssioficafidat
the he.ating,and ,after reviewing the parties' briefs' and the applical)le laVlT> the Court fihds'thcjl
PlailitIffs:motlbn forclasscertinca:tionshouldbe GR.l\.l"fr'Eb for the reasons stated intne
Cburt'smemoratidllmand opinion, flIed Under seal ctHitem.potaneously l1efe\\lftll.
TheCpurt will unseal the Me.m.orandum and Opinion on Class Cettifica:tiG>l1.on June 12,
flO(}S unlessapartytequ.estsaheadtrg and shows good CauSe whythe.bpMOl1 sltoulclremain
sealcQ.... 'I'hernovitrg panysnall. s.UOI11it . a brief'with sufficient authoritY. sUppbrtirigJneif position
pnbrto .t1ll1e 12~2008.
Tne-class frieIllbersafe entitled to natice arid an opportunity to opt out bfthe class.
'Therefare, 'tl1e,Caurtfurther ORDER.S that fhepartiescanferandrepartback fa the C.ourt,within
fel:i(lO)€f4ys ftam'tll.e date beloW, With their recommeridatiol1 on the substantive language to be
in,Ql.1Jd~d:inthe;'notice and parameters .on how and when the class m'Cmbersro.~y elect to opt Qut
of the class. The notice shall comply with the requitements setforthin Fed,R.Clv.F. 23(cD(2)tB).
Plaii1ti.:ff1ia$statedtl1~fa secuiitydeposit to caver the costs of hoticewill hofpe necessaty.
Withinnventy (20) days from the date below, the parties sll.aIlconterandsubmit a
propQsedscheduling for the remainder of these proceedings. If the parties . call11bt reacl1'an
agreement; each side may submit their own proposed scheduling.order and the Court will
COhsidertheparties' suggestions and ehtetan appropriate ardet.
SIGNEp.this .;{? day of May, 2008.
I~<R' ~.
ORLANDO L qAJ~J+~
UNITED STA TESDISTRICT JUDGE
J line 30, 2008
UNITED STATES DISTRlCT COURT
WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION
CITY OF SAN ANTONIO, TEXAS, et a1.,
Defendants.
s
s
s
~
s
~
s
~
~
CASENO. SA06CA0381 OG
Plaintiff,
~ . .Jl. .., Oo!j
~ . 1/~_v
v.
HOTELS.COM, L.P.; et a1.,
CLASS ACTION NOTICE
PLEASE READ TillS NOTICE CAREFULLY - YOUR LEGAL RIGHTS
l\1A Y BE AFFECTED BY A LAWSUIT NOW PENDING IN TillS COURT
TO: The City Attorney for (or other duly authorized representative of) the Cities of Abilene,
Addison, Alice,. Alvin, Amarillo, Angleton, Aransas Pass, Argyle, Austin, Azle, Balch Springs,
Baytown, Beaumont, Bedford, Bellville, Benbrook, Big Spring, Boeme, Borger, Brenham,
Bridge City, Bridgeport, Bryan, Burkburnett, Burleson, Canyon, Carrollton, Castroville, Cedar
Hill, Cedar Park, Clebume, Cleveland, Coleman, College Station, Colleyville, Colombus,
Commerce, Couroe, Coppell, Copperas Cove, Corpus Christi, Corsicana, Dallas, Decatur, Deer
Park, Denton, Desoto, Dickinson, Duncanville, Eagle Pass, Edinburg, El Paso, Euless, Fairview,
fanners Branch, Flatonia, Flower Mound,' Forest Hill, Forney, Fort Stockton, Fort Worth,
Fredricksburg, Friona, Frisco, Gainesville, Garland, Georgetown, Gonzales, Granbury, Grand
Prairie, Grapevine, Greenville, Groves, Haltom City, Harker Heights, Haslet, Hedwig Village,
Henrietta, Hidalgo, Hillsboro, Houston, Humble, Hurst, Ingleside, Irving, Jersey Village,
Junction, Kaufman, Kerrville, Kilgore; Killeen, La Feria, La Marque, La Porte, Lacy-Lakeview,
Lake Dallas, Lake Jackson, Lancaster, Laredo, League City, Lewisville, Lockhart, Longview,
Lorena, Lubbock, Mansfield, Marble Falls, Marshall, McAllen, McKinney, Mesquite, Mexia,
Midland, Mission, Mount Pleasant, Muleshoe, Nacogdoches, Nassau Bay, New Braunfels, North
Richland Hills, Odessa, Palestine, Pasadena, Pearland, Pharr, Port Aransas, Port Arthur, Red
Oak, Richardson, River Oaks, Rockport, Rockwall, Rosenberg, Round Rock, Rowlett, Saginaw,
San Angelo, San Antonio, San Marcos, Sanger, Santa Fe, Schertz, Seabrook, Sealy, Seguin,
Selma, Shenandoah, Shennan, Sonora, South Houston, Stafford, Stephenville, Sugar Land,
Temple, Terrell, Texarkana, Texas City, Tomball, Tyler, Universal City, Victoria, Vidor, Waco,
Watauga, Weatherford, Webster, Weimer, Westlake, Wharton, White Settlement, Whitney,
Wichita Falls, Winnsboro, Wolfforth, and Wylie, Texas.
. Pursuant to Rule 23( c) ofthe Federal Rules of Civil Procedure, this is to advise you that
there is now pending in the United States District Court for the Western District of Texas, San
Antonio Division (the "Court") a class action brought by the City of San Antonio, Texas (the
"Plaintiff') on behalf of 175 different cities within the State of Texas (the "Class" or the "Texas
Cities"). Your City has been identified as one of these 175 class members.
CLASS ACTION NOTICE - Page I
140808v I
This notice explains:
A. The Nature and History ofthe Lawsuit.
B. The Class Certificatlon Proceedings and Class Certification Order.
C. The Right to be Included in, or Excluded from, the Class.
D. Additional Information.
A. The Nature And History Of The Lawsuit.
This lawsuit was filed by the City of San Antonio on May 8,2006, on behalf of itself and
other allegedly similarly situated cities throughout the State of Texas. The defendants are online
travel companies ("OTCs" or "Defendants") or their affiliates and include the following:
Hotels.com, L.P.; Hotels.com GP, LLC; Hotwire, Inc.; Trip Network, Inc. (d/b/a CheapTickets);
Expedia, Inc;; Internetwork Publishing Corp. (d/b/a Lodging.co:m); Lowestfare.com,
Incorporated; Orbitz; Inc.; Orbitz, LLC; priceline.com, mcorporated; Site59.com, LLC;
Travelocity.com Inc.; Travelocity.com LP; Travelweb LLC; and Travelnow.com, Inc.
Members of the public, either through the internet or by phone, can use the OTCs'
services to make hotel reservations. The Plaintiff alleges that, under the OTCs' merchant model,
the OTCs enter into a contract with the hotel to obtain an inventory of rooms at negotiated
wholesale rates, determine the mark up, set the retail rate that the consumer will pay, and sell the
room to the consumer.
It is undisputed that the OTCs have paid ''tax recovery charges" to the hotels on the
wholesale price of the rooms, but have never paid taxes on the retail price that the consumer pays
when he books a room through the OTCs; As a result, the Plaintiff alleges that a certain amount
of hotel occupancy or "bed" taxes are being lost on every hotel room in each of the Texas Cities
that is booked and paid for through the OTCs. The Plaintiff claims that the OICs should pay
hotel occupancy taxes ou the difference between the retail price of the hotel rooms, which the
occupants pay, and the wholesale price that the OTCs pay the hotels. . The OTCs contend that the
hotel occupancy tax ordinances do not impose a tax on them or the amounts they charge a
customer and retain for their services.
Each City in the Class imposes a "hotel occupancy tax" or "bed tax" on consumers who
stay in a hotel room in that City. Each City has enacted a hotel occupancy tax ordinance
mandating that every person "owning, operating, managing, or controlling" a hotel shall collect
the tax and remit the tax to the City. In this Lawsuit, the Plaintiff has asserted claims on behalf
of itself and each ofthe Texas Cities for violation of their respective hotel tax ordinances. The
Plaintiff) on behalf of the Class, claims that the OICs "control" the hotels and, therefore, (a) the
OICs have a duty to collect bed taxes from the consumers, and (b) regardless of their duty to do
so, the OTCs are, in fact, collecting the bed tax. The Plaintiff also brings, on behalf of itself and
each of the Texas Cities, a common law claim for conversion, alleging that the OTCs must
submit to each Texas City any taxes that they have collected. The Plaintiff seeks to recover
. damages for the amount of taxes that it alleges that it and each of the other Texas Cities have
been underpaid in the past and further seeks an order from the Court that would prohibit the
OICs from allegedly underpaying bed taxes in the future. The Plaintiff also seeks, on behalf of
itself and the Texas Cities, attorneys' fees, costs, penalties, and/or interest.
CLASS ACTION NOTICE - Page 2
140808v I
The OTCs deny that they have any duty to collect or pay bed taxes to the Texas Cities
under the ordinance applicable to each Texas City and, accordingly, deny that they have
underpaid any.bed taxes. More specifically, the OTCs assert that they do not "control" hotels or
hotel operations; therefore, they are not required by law to collect or remit hotel occupancy
taxes. They also assert that only the amounts charged and paid "to hotels" are taxable. The
OTCs also contend that the amounts. charged for their services are not taxable. The OTCs further
claim that they cannot be taxed by cities with which they do not have a substantial nexus because
it would violate their constitutional rights.
R The Class Certification Proceedings And Class Certification Order.
In preparation for the class certification hearing, the parties engaged in extensive
discovery including more then 20 oral depositions as well as the exchange of a substantial
vo lume of documents and electronic discovery. On May 16 and 17, 2007, the Court held an
evidentiary hearing on the Plaintiffs motion for class certification. The Court heard evidence
and legal arguments from all parties. On May 27,2008, the Court entered an Order on Class
Certification and issued a Memorandum and Opinion on Class Certification (the "Class
Certification Order") in which the Court granted the Plaintiffs motion for class certification and
certified the following class.
"T exas cities whose ordinances contain language that requires every person
owning, operating, managing, or controlling any hotel to collect and remit hotel
occupancy taxes and whose ordinances .do not contain administrative prerequisites
to filing a lawsuit for the failure to collect or remit hotel occupancy taxes."
The Plaintiff has identified by name 175 Texas Cities that fit within this class definition,
and Your City is one of these 175 Texas Cities and, therefore, is part of the Class. Pursuant to
the Class Certification Order, the City of San Antonio has been designated to serve as the
representative for the Texas Cities (the "Class Representative"). The Court has further
designated Steven D. Wolens and Gary Cruciani with the law firm of Diamond McCarthy to
serve as lead attorneys for the Texas Cities ("Lead Class Counsel"). In addition, the law firm of
Baron & Budd will serve as co-counsel, and Frank Herrera will serve as local counsel. (All the
above attorneys are collectively referred to as the "Class Counsel").
C. The Right To Be Included In Or Excluded From The Class.
Your City has a right to be included in or excluded from the Class. Either choice will
have consequences, which Your City should understand before making a decision.
1. Your City May Do Nothing And Remain A Member Of The Class. If Your City
wants to remain a member of the Class, it should DO NOTHING at this time. If Your City
~emains in the Class, it will be bound by any judgment entered in this case, whether favorable or
unfavorable to it. By remaining in the Class, Your City will have no obligation to pay any of the
costs or attorneys' fees involved inthis Lawsuit at this time. If the Class prevails in this Lawsuit,
the Court may award attorneys' fees and nontaxable costs that are authorized by law. If
Defendants prevail in this Lawsuit, all costs and attorneys' fees incurred by Plaintiffs and the
Class will bepaid exclusively by Class Counsel.
CLASS ACTION NOTICE - Page 3
140808vl
2. You Mav Remain A Member Of The Class And Be Represented By Your Own
Counsel. If Your City wants to remain a member of the Class, but does not want to be
represented by Class Counsel, Your City may enter an appearance through its own attorney or
request the Court to allow it to intervene (that is, to participate in the case as an individual
plaintiff) through its own attorney. IfYoUT City wants to appear or intervene, your attorney must
file the appropriate documents with the Court on or before August 14, 2008
and must send copies of those documents to each of the counsel listed in paragraph 3
below.
3. Your City Mav Request Exclusion From The Class. If Your City wants to be
excluded from the Class, it must send a written request for exclusion, in the form of a letter
signed by a duly authorized representative of Your City and sent by certified mail, to both of the
following individuals by Amrust 14,2008
Steven D. Wolens
Diamond McCarthy
1201 Elm Street
Suite 3400
Dallas, Texas 75270
Lead Attorney for the Class of Texas Cities
Ricardo Cedillo
Davis, Cedillo & Mendoza, Inc.
McCombs Plaza
Suite 500
755 East Mulberry A venue
San Antonio, Texas 78212
Attorney for Defendants Online Travel Companies
By making the decision to exclude itself from the Class, Your City will not share in any
favorable judgment obtained on behalf of the Class, nor will it be bound by any adverse
judgment entered against the Class.
D. Additional Information.
If Your City desires additional infonnation about this Notice, about the Class
Certification Order, or about this Lawsuit, you should contact Lead Class Counsel as set forth
below.
Steven D. Wolens
Diamond McCarthy
1201 Elm Street
Suite 3400
Dallas, Texas 75270
(214) 389-5347
swolens@diamondmccarthy.com
CLASS ACTION NOTICE - Page 4
140808vl
This Notice does not fully describe the claims and defenses ofthe parties in this litigation
or the status of the Lawsuit. The pleadings and court papers filed in this Lawsuit are available
for inspection and copying at any time during regular office hours in the Office of the Clerk of
the United States District Court for the Western District of Texas, San Antonio Division, which
is located at 655 E. Durango Blvd., San Antonio; Texas 78206-1106. Certain pleadings and
court papers in this lawsuit have been filed under seal and may not be examined or copied
without first obtaining an order from the Court. . In order to inspect the pleadings and court
papers, you must appear in person or through an authorized representative such as an attorney.
PLEASE DO NOT CALL OR WRITE THE COURT OR THE DISTRICT COURT'S OFFICE
FOR. INFORMATION. . (
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Dated: <...J U VI. -e.. /1-) J.. b
CLASS ACTION NOTICE - Page 5
140808vl
{~~tC
UNITED STATES DISTRICT JUDGE
askins
& askins p.c.
RECEIVED
JUL 1 8 2008
ATIORNEYS and COUNSELORS
Knox W. Askins
Clark T. Askins
C~..\' :;.-;CK.:...AR':'S
Of=~=~'::!
July 16, 2008
Wolens
Diamond M arthy LLP
Renaiss ce Tower
m Street, 34th Floor
s, TX 75270
Re: City of San Antonio, Texas, on Behalf of Itself and All Other
Similarly situated Texas Cities v. Hotels.com, et al.
Case No. SA06CA0381 OG
Dear Mr. Wolens:
In reference to your letter to our office dated June 25, 2008, I
enclose herewith certified copy of ordinance passed by the City of
La Porte City Council on July 14, 2008, expressing the intention of
the city of La Porte to be included in the class of 175 cities, in
the subject litigation.
Our office explained to the City Council that electing to remain in
the class carries no risk to the City of La Porte, based on the
fact that the City of La Porte would not be liable for any costs or
fees, should the litigation be unsuccessful.
Thank you, and should you have any questions, please do not
hesitate to give me a call.
Yours very truly,
~~
Clark T. Askins
Assistant City Attorney
City of La Porte
CTA: sw
Enclo~re
cc: vfi<?n.
City
Mayor & City Council
of La Porte
Mr. Ron Bottoms
City Manager
City of La Porte
702 W. Fairmont Parkway, P.O. Box 1218, La Porte, TX 77572-1218
281.471.1887 phone . 281.471.2047 fax . knoxaskins@comcast.net . ctaskins@swbell.net
17
--------------------
!
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 07-14-08
Appropriation
Requested By:
Ronlllrl K Pllrke~
pglke Department
Source of Funds:
Department:
Account Number:
Report:
Resolution:
Ordinance:
1285-S
Amount Budgeted:
Exhibits:
Amended Ordinance 1285-S
Amount Requested:
Exhibits:
Budgeted Item: YES
NO
Exhibits
SUMMARY & RECOMMENDATION
City Ordinance 128S-S needs to be amended in Section 3 reducing the number of Assistant Chief positions to zero
(0) and increasing the number of Lieutenant positions from four (4) to six (6).
The amendment to Ordinance 128S-S established the current authorized Civil Service positions:
Sf Police Officers
10 Sergeants
6 Lieutenants
Action Required bv Council:
approve the amendment of Ordinance 128S-S changing the current authorized
U?~g
cl~it1eol
ORDINANCE NO. 1285-S
AN ORDINANCE AMENDING ORDINANCE No. 1285, "AN ORDINANCE IMPLEMENTING
POLICEMAN'S CIVIL SERVICE; ESTABLISHING CLASSIFICATIONS; NUMBER OF AUTHORIZED
POSITIONS IN EACH CLASSIFICATION; ESTABLISHING PAY SCHEDULES"; CONTAINING A
SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
Section 3 of Ordinance 1285 is herby amended and shall
hereafter read as follows, to-wit:
"Section Three. There are hereby established the following number of
authorized positions in each of the foregoing classifications, to-wit:
Classification
Number of Authorized positions
Patrolmen
57
Sergeant
10
Lieutenant
6
Section 2. Section 4 of Ordinance 1285 is hereby deleted.
Section 3. Except as hereby specifically amended, Ordinance No. 1285
and amendments thereto shall remain in full force and effect.
Section 4.
If any section, sentence, phrase, clause, or any part of any
section, sentence, phrase, or clause, of this Ordinance shall, for any reason,
be held invalid, such invalidity shall not affect the remaining portions of
this Ordinance, it is hereby declared to be the intention of the City of
Council to have passed each section, sentence, phrase, or clause, or part
thereof, irrespective of the fact that any other section, sentence, phrase, or
clause, or part thereof, may be declared invalid.
Section 5.
The City Council officially finds, determines, recites and
declares that a sufficient written notice of the date, hour, place and subject
of this meeting of the City Council was posted at a place convenient to the
public at the City Hall of the city for the time required by law preceding this
meeting, as required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required by law at
all times during which this ordinance and the subject matter thereof has been
discussed, considered and formally acted upon.
The City Council further
ratifies, approves and confirms such written notice and the contents and
posting ther
6. This Ordinance shall take effect on June 1, 2008 upon its
passage and approval, and it is so ordered.
PASSED AND APPROVED THIS THE
DAY OF
, 2008.
CITY OF LA PORTE
By:
Alton E. Porter, Mayor
ATTEST:
By:
~ '€tl; Q oj
MARTHA GILLETT,
City Secretary
APPROVED:
By:
CLARK T. ASKINS,
Assistant City Attorney
18/19
.,
--_."'" ..- ~~._."--'--'--
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Reqnested, July 14k
Requested By: .Jeff s"gg~/
Department: EmergeAC:Y MaAagemeAt
Bude:et
Source of Funds:
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
Exhibits:
Amount Requested:
Exhibits:
Budgeted Item: YES
NO
Exhibits
SUMMARY & RECOMMENDATION
The La Porte Independent School District is currently in the conceptual design phase of a new Instructional
Technology building. Preliminary discussions in the past with the ISD were to potentially co-locate the City and ISD
technology departments together. This would give both entities the opportunity to share knowledge and resources
while operating out ofa hardened and viable state of the art facility.
The Office of Emergency Management was asked to help design some of the same redundancies into this new
building. These ideas are the same as were used in the Police/EOC building. We were also asked to offer ideas that
may better protect and maintain Continuity of Operations before, during and after a natural or man made disaster.
The City has an opportunity to move our IT department into this new building which would be opened in 18-24
months. This would benefit the City by:
~ Giving our department the more space they currently need.
~ Allow City Hall to expand into the current IT area.
~ Have our critical systems located in a hardened building.
~ Have redundant backup systems shared by both entities.
~ Allow our employees the access to training facilities we currently do not have.
~ Allow our IT techs to be able to network with other experts and solve problems more rapidly.
The Superintendent and others with the Board of Trustees are on board with the concept and would welcome this
partnership. Current design layout accommodates the City space needs into the building with minimal charges to the
overall project.
1 /1-h ttJ
L
Date