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Home My WebLink About2009-01-12 Regular Meeting, Public Hearings and Workshop Meeting of the La Porte City Council (2) MINUTES OF A REGULAR MEETING, PUBLIC HEARINGS, AND WORKSHOP MEETING OF THE LA PORTE CITY COUNCIL January 12, 2009 1. Call to order The meeting was called to order by Mayor Porter at 6:05 p.m. Members of City Council Present: Mayor Porter, Mayor Pro-Tem Mike Clausen, Council members Tommy Moser, Mike Mosteit, Louis Rigby, John Black, Georgia Malone, Howard Ebow, and Chuck Engelken Members of Council Absent: None Members of City Executive Staff and City Employees Present: City Manager Ron Bottoms, Assistant City Attorney Clark Askins, Assistant City Secretary Sharon Harris, Police Chief Kenith Adcox, Assistant City Manager John Joerns, Director of Public Works Steve Gillett, Assistant Director of Public Works, Don Pennell, Emergency Management Coordinator Jeff Suggs, Finance Director Michael Dolby, GIS Manager Brian Sterling, Purchasing Manager Susan Kelley, Director of Planning Tim Tietjens, Assistant Fire Chief Donald Ladd, Fire Chief Mike Boaze, Main Street Coordinator Debra Dye City Planner Masood Malik, Administrative Assistant Tammy Kannarr, Office Manager Melisa Lanclos, Human Resource Manager Heather Weger, and a number of other employees Others Present: Adam Yanelli of the Bayshore Sun, John Kerbey, Nick Barrera, Dottie Kaminski, Phillip Hoot, Barbara Norwine, Kathryn Aguilar, Daniel Bretting, Gary Mabray, Rusty Shepherd, Pat Clark, Ted Powell, Maggie Anderson, Father Gary Rickles, and a number of other citizens. 2. Father Gary Rickles of St. Mary's Catholic Church delivered the Invocation. 3. Mayor Porter led the Pledge of Allegiance. 4. Presentations/ Proclamations Mayor Porter, Fire Chief Mike Boaze, Assistant Fire Chief Donald Ladd, and Retiree Champ Dunham recognized the retirement of Terry Dunn from the Fire Department. 5. Consent Agenda A. Council to consider approving minutes of the Regular Meeting and Workshop Meeting for La Porte City Council held on December 8, 2008 - M. Gillett B. Council to consider approval or other action awarding bid #07010 for Street Materials to Cleveland Asphalt and Crafco, low bidders meeting specifications - S. Gillett Minutes of Regular Meeting, Public Hearings and Workshop Meeting held on January 12, 2009 Page 2 C. Council to consider approval or other action authorizing the City Manager to execute a change order with Mar-Con Services to install waterline, fire hydrants, and water service lines at Fairmont & 16th Street - S. Gillett D. Council to consider approval or other action awarding bid #09007 to RotoChopper, Inc. for one (1) horizontal grinder, optional balance sensor, two (2) inch screen, and delivery - S. Gillett E. Council to consider approval or other action regarding an ordinance authorizing the City Manager to execute a Water Service Agreement with Eurecat U.S., Incorporated (Ord. 3121) - T. Tietjens F. Council to consider approval or other action of an ordinance authorizing the City Manager to execute an Interlocal Water Service Agreement with the Port of Houston Authority and the City of Pasadena for temporary water service to the Port of Houston for landscaping irrigation for a period of three (3) years - T. Tietjens Councilmember Rigby had questions on consent item F. Planning Director Tim Tietjens and Assistant City Manager John Joerns answered questions. Motion was made by Councilmember Ebow to approve the consent aQenda as presented. Councilmember Clausen seconded the motion. Motion carried. Ayes: Mosteit, Moser, Rigby, Black, Clausen, Malone, Ebow, Engelken, and Porter Nays: None Abstain: None Absent: None 6. Petitions, Remonstrance's, Communications, Citizens and Tax Payers wishing to address Council - (Limited to five minutes) John Kerbey - 3802 Marlin, La Porte, Texas 77571 - Mr. Kerbey advised Council of concerns with arson at his home. Kathryn Aguilar - 3119 Fondren, La Porte, Texas 77571 - Ms. Aguilar informed Council of concerns with the Town Square project and Bayshore Elementary School. Charles Gilliam was not present to speak. 7. Public Hearing - Council to consider recommendation of Planning and Zoning Commission regarding amending Chapter 106 of the Code of Ordinances changing standard parking space size for 45, 60 and 90 degree parking from 10ft. to 9ft. wide and maneuvering aisle width from 28-foot to 25-foot for 90-degree parking (Ord. 1501-N6) Open Public Hearing - Mayor Porter opened the Public Hearing at 6:28 p.m. Minutes of Regular Meeting, Public Hearings and Workshop Meeting held on January 12, 2009 Page 3 Planning Director Tim Tietjens presented summary and recommendation and answered Council's questions. Public Comments: There were no public comments. The Public Hearing was closed at 6:30 p.m. Recommendation of the Planning and Zoning Commission - recommended Council to approve the ordinance amending Chapter 106 of the code of Ordinances, changing the standard parking space size for 34, 60 and 90 degree parking from 10ft. to 9ft. wide and maneuvering aisle width from 28-foot to 25-foot for 90-degree parking (Ord. 1501-N6) 8. Council to consider approval or other action regarding Ordinance 1501-N6. Assistant City Attorney read Ordinance 1501-N6- AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE VI. "OFF-STREET PARKING", SECTION 106-835 "DESIGN STANDARDS (ALSO SEE FIGURES 10-1, 10-2 AND 10-3)", BY ALLOWING NINE (9) FOOT WIDE STANDARD PARKING SPACE FOR 45, 60 AND 90-DEGREE PARKING; AND A TWENTY-FIVE (25) FOOT MANEUVERING AISLE FOR 90-DEGREE PARKING; MAKING CERTAIN FINDINGS OF FACTS RELATED TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Enqelken to approve Ordinance 1501-N6 as presented by Mr. Tietiens. Councilmember Malone seconded the motion. Motion carried. Ayes: Mosteit, Moser, Rigby, Black, Clausen, Malone, Ebow, Engelken, and Porter Nays: None Abstain: None Absent: None 9. Public Hearing - Council to consider recommendation of the Planning and Zoning Commission regarding Rezone Request #R08-002, rezoning 26.8206 acre tract located at 727 Old Underwood Road, from General Commercial and Large Lot to Planned Unit Development (Ord. 1501-06) Open Public Hearing - Mayor Porter opened the Public hearing at 6:31 p.m. Planning Director Tim Tietjens presented summary and recommendation and answered Council's questions. Public Comments: Gary Mabray, 1300 Post Oak, Houston, Texas spoke in favor of this item. Minutes of Regular Meeting, Public Hearings and Workshop Meeting held on January 12, 2009 Page 4 The Public Hearing was closed at 6:37p.m. Recommendation of the Planning and Zoning Commission - recommended Council to approve the Rezone Request #R08-002, rezoning 26.8206 acre tract located at 727 Old Underwood Road from General Commercial and Large Lot, to Planned Unit Development (Ord. 1501-06) 10. Council to consider approval or other action regarding Ordinance 1501-06. Assistant Clark Askins read Ordinance 1501-06, 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 CHANGING THE ZONING CLASSIFICATION FROM GENERAL COMMERCIAL AND LARGE LOT RESIDENTIAL TO PLANNED UNIT DEVELOPMENT FOR PROPERTY LOCATED AS 727 OLD UNDERWOOD ROAD, FURTHER DESCRIBED AS 26.8206 ACRE TRACT, ENOCH BRINSON SURVEY, ABSTRACT NO.5 AND NICHOLAS CLOPPER SURVEY, ABSTRACT NO. 198, LA PORTE, HARRIS COUNTY, TEXAS; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made bv Councilmember Black to approve Ordinance 1501-06 as presented bv Mr. Tietiens. Councilmember Rigby seconded the motion. Motion carried. Ayes: Mosteit, Moser, Rigby, Black, Clausen, Ebow, Engelken, and Porter Nays: Malone Abstain: None Absent: None 11. Public Hearing - Council to consider recommendation of the Planning and Zoning Commission regarding Rezone Request #R08-004 to deny rezoning 0.57 acre of land located in the 500 block of N. 7th Street from R-2 (Residential) to General Commercial (Ord. 1501-P6) Open Public Hearing - Mayor Porter opened the Public Hearing at 6:40 p.m. Planning Director Tim Tietjens presented summary and recommendation and answered Council's questions. Public Comments: There were no public comments. The Public hearing was closed at 6:42 p.m. Recommendation of Planning and Zoning Commission - recommended Council to deny the Rezone Request #R08-004 rezoning 0.57 acre of land located in the 500 block of N. 7th Street from R-2 (Residential) to General Commercial (1501-P6) Minutes of Regular Meeting, Public Hearings and Workshop Meeting held on January 12, 2009 Page 5 12. Council to consider approval or other action regarding Ordinance 1501-P6. Assistant City Attorney Clark Askins read Ordinance 1501-P6, 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 CHANGING THE ZONING CLASSIFICATION FROM MEDIUM DENSITY RESIDENTIAL TO GENERAL COMMERCIAL FOR PROPERTY LOCATED ALONG NORTH 7TH STREET, BEING A 0.57 ACRE TRACT MORE SPECIFICALLY DESCRIBED AS LOTS 25 THROUGH 32, BLOCK 101, TOWN OF LA PORTE, JOHNSON HUNTER SURVEY, ABSTRACT 35, LA PORTE HARRIS COUNTY, TEXAS; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREIN. Motion was made by Councilmember Moser to deny Ordinance 1501-P6 as presented by Mr. Tietiens. Councilmember Ebow seconded the motion. Motion carried. Ayes: Mosteit, Moser, Rigby, Black, Clausen, Malone, Ebow, Engelken, and Porter Nays: None Abstain: None Absent: None 13. Public Hearing - Council to consider recommendation of Planning and Zoning Commission regarding amending Chapter 106 of the Code of Ordinances, to restrict trucking terminals to light industrial (L1) and heavy industrial (HI) zoning districts when also adjacent to the right-of-way of authorized truck routes and review and consider non-binding recommendation regarding changes to city truck route ordinance (Ord. 1501-Q6 and Ord. 3123) Open Public Hearing - Mayor Porter opened the Public Hearing at 6:44 p.m. Planning Director Tim Tietjens presented summary and recommendation and answered Council's questions. Public Comments: Nick Barrera - 9510 Carlow, spoke on behalf of the Planning and Zoning Commission regarding truck routes. Phillip Hoot - 927 Sea breeze, addressed City Council regarding truck routes. Kathryn Aguilar - 3119 Fondren, addressed City Council regarding proposed truck routes. The Public Hearing was closed at 7:17 p.m. Recommendation of Planning and Zoning Commission - recommended Council to approve Ordinance 1501-Q6, amending Chapter 106 of the La Porte Code of Ordinances Minutes of Regular Meeting, Public Hearings and Workshop Meeting held on January 12, 2009 Page 6 restricting truck terminals to light industrial (L1) and heavy industrial (HI) zoning district when also adjacent to the right-of-way of authorized truck routes, and approve Ordinance amending Chapter 70 of the Code of Ordinances to revise existing truck routes and hazardous cargo truck routes. (Ord. 1501-Q6 and 3123) 14. Council to consider approval or other action regarding Ordinances 1501-Q6 and 3123. Assistant City Attorney Clark Askins read Ordinance 1501-Q6, AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106 MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY , OF LA PORTE, BY AMENDING DIVISION 4, "INDUSTRIAL DISTRICT REGULATIONS", SUBDIVISION 1, "GENERALLY", SECTION 106-521, "TABLE A, INDUSTRIAL USES" TO RESTRICT TRUCK TERMINALS TO LIGHT INDUSTRIAL (L1) AND HEAVY INDUSTRIAL (HI) ZONING DISTRICTS, AND ONLY WHEN ADJACENT TO THE RIGHT-OF-WAY OF AUTHORIZED TRUCK ROUTES IN SAID ZONING DISTRICTS; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; Motion was made by Councilmember Black to approve Ordinance 1501-Q6 as presented by Mr. Tietiens. Councilmember Rigby seconded the motion. Motion carried. Ayes: Mosteit, Moser, Rigby, Black, Clausen, Malone, Ebow, Engelken, and Porter Nays: None Abstain: None Absent: None Assistant City Attorney Clark Askins read Ordinance 3123, AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE CHAPTER 70, "TRAFFIC AND VEHICLES", BY AMENDING SECTION 70-179, TO RESTRICT PARKING OF TRUCKS ALONG TRUCK ROUTES, AND SECTION 70-180, TO RESTRICT PARKING OF COMMERCIAL VEHICLES ON OFF-STREET PARKING FACILITIES IN RESIDENTIAL ZONES; AND BY AMENDING SECTION 70-211 "DEFINITIONS" TO AMEND CERTAIN TERMS; BY ADDING SECTION 70-212 TO PROVIDE FOR PENALTY AND TO ELIMINATE REQUIREMENT FOR CULPABLE MENTAL STATE IN PROSECUTION OF OFFENSES; BY AMENDING SECTION 70-231 "DESIGNATION", BY ADDING CERTAIN STREETS TO DESIGNATED TRUCK ROUTES; BY AMENDING SECTIONS 70-232, 70-233, 70-234, 70-235, AND 70-237, RELATED TO OPERATION OF VEHICLES ON TRUCK ROUTES, LOCATION OF LOADING BIRTHS, LOCATION OF HAZARDOUS CARGO ROUTES AND VEHICULAR PARKING OFF HAZARDOUS CARGO ROUTES; AND AMENDING APPENDIX-B "FINES"; 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 FIVE HUNDRED DOLLARS; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AND EFFECTIVE DATE HEREOF. Minutes of Regular Meeting, Public Hearings and Workshop Meeting held on January 12, 2009 Page 7 Motion was made by Councilmember Moser to approve Ordinance 3123 as presented by Mr. Tietiens and include the two blocks North of Barbous Cut Blvd and North 8th Street. Councilmember Ebow seconded the motion. Mayor Porter commented he would like the ordinance approved as presented by Mr. Tietjens until further study and alternatives. Council member Moser agreed with Mayor Porter's comment. A second motion was made by Councilmember Moser to withdraw his previous motion and approve Ordinance 3123 as presented by Mr. Tietiens. Councilmember Ebow seconded the motion. Motion carried. Ayes: Mosteit, Moser, Rigby, Black, Clausen, Ebow, Engelken, and Porter Nays: Malone Abstain: None Absent: None 15. Council to consider approval or other action regarding an ordinance appointing members to the Board of Directors of the Bay Area Houston Convention and Visitor's Bureau (Ord. 2008-3064-A) - J. Joerns Assistant City Manager John Joerns presented summary and recommendation and answered Councils' questions. Assistant City Attorney Clark Askins read Ordinance 2008-3064-A, AN ORDINANCE APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE BAY AREA HOUSTON CONVENTION AND VISITORS BUREAU; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFECTIVE DATE HEREOF. Motion was made by Council member Clausen to approve Ordinance 2008-3064-A as presented by Mr. Joerns appointinq Debbie Westbeld to the Board of Directors of the Bay Area Houston Convention and Visitors Bureau. Council member Engelken seconded the motion. Motion carried. Ayes: Mosteit, Moser, Rigby, Black, Clausen, Malone, Ebow, Engelken and Porter. Nays: None Abstain: None Absent: None 16. Council to consider approval or other action awarding bid #S08004 to Sulzer-Hickam, Inc. for the purchase of "Tract 1" and "Tract 2" - (Emergency Evacuation Tract) in the amount of $85,000.00 and approve conveyance of Tract 3 (Emergency Evacuation Easement) in the amount of $1 ,345.50 for a total of $86,345.50 - J. Joerns Planning Director Tim Tietjens presented summary and recommendation and answered Council's questions. Minutes of Regular Meeting, Public Hearings and Workshop Meeting held on January 12, 2009 Page 8 Motion was made by Councilmember Ebow to award bid #S08004 to Sulzer-Hickham. Inc. for the purchase of "Tract 1" and "Tract 2" - (Emerqency Evacuation Tract) in the amount of $85,000.00 and approve conveyance of Tract 3 (Emerqency Evacuation Easement) in the amount of $1,345.50 for a total of $86.345.50 as recommended by Mr. Tietiens. Councilmember Malone seconded the motion. Motion carried. Ayes: Mosteit, Moser, Rigby, Black, Clausen, Malone, Ebow, Engelken, and Porter. Nays: None Abstain: None Absent: None 17. Council to consider approval or other action authorizing the City Manager to execute payment to WCA, Asplundh Environmental, Neele-Schaffer, and Crowder Disaster Recovery for $4,790,206.00 and an estimated $100,000.00 for final removal services - S. Gillett Public Works Director Steve Gillett presented summary and recommendation and answered Councils' questions. Motion was made by Councilmember Riqby to approve the payment to WCA. Asplundh Environmental. Neele-Schaffer, and Crowder Disaster Recovery for $4,774,206.00 and an estimated $100,000.00 for final removal services as presented by Mr. Gillett. Councilmember Clausen seconded the motion. Motion carried. Ayes: Mosteit, Moser, Rigby, Black, Clausen, Malone, Ebow, Engelken, and Porter Nays: None Abstain: None Absent: None 18. Council to consider approval or other action approving the expenditure of $268,000.00 to Range Systems for a Rubber Block Range - K. Adcox Chief of Police Kenith Adcox presented summary and recommendation and answered Council's questions. Motion was made by Councilmember Moser to approve the expenditure of $268,000.00 to Ranqe Systems for a Rubber Block Ranqe as presented by Mr. Adcox. Councilmember Malone seconded the motion. Motion carried. Ayes: Mosteit, Moser, Rigby, Black, Clausen, Malone, Ebow, Engelken, and Porter Nays: None Abstain: None Absent: None 19. Council to consider approval or other action regarding an ordinance extending the City Manager's authority for an additional 180 days to execute land sale contracts and related Minutes of Regular Meeting, Public Hearings and Workshop Meeting held on January 12, 2009 Page 9 documents for the conveyance of houses under the 2006 H.O.M.E.Northside Neighborhood Project (Ord. 2008-3090-A) - 1. Tietjens Planning Director Tim Tietjens presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read Ordinance 2008-3090-A, 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 CONSTRUCTION PROJECT, BETWEEN THE CITY OF LA PORTE AND BUYERS OF PROPERTIES AT 224 NORTH 6TH STREET, ALSO DESCRIBED AS LOTS 3 AND 4, BLOCK 66, 211 NORTH 1 ST STREET, ALSO DESCRIBED AS LOTS 23 AND 24, BLOCK 62, 207 NORTH 2ND STREET, ALSO DESCRIBED AS LOTS 21, 22, AND 23, BLOCK 63, AND 216 NORTH 2ND STREET, ALSO DESCRIBED AS LOTS 3 AND 4, BLOCK 62, AT SUCH TIME AS BUYERS ARE LOCATED, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, CONTAINING A REPEALING CLAUSE, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AND EFFECTIVE DATE HEREOF. Motion was made by Councilmember Moser to approve Ordinance 2008-3090-A, extendinq the City Manaqer's authority for an additional 180 days to execute land sale contracts and related documents for the conveyance of houses under the 2006 H.O.M.E. Northside Neiqhborhood Proiect as presented by Mr. Tietiens. Councilmember Ebow seconded the motion. Motion carried. Ayes: Mosteit, Moser, Rigby, Black, Clausen, Malone, Ebow, Engelken, and Porter Nays: None Abstain: None Absent: None 20. Council to consider approval or other action authorizing the City Manager to execute a master lease agreement and associated lease schedule agreements with Dell Financial Services, LP for three years lease of 110 computers, and authorize expenditure of $93,317.52 for said purpose - J. Suggs Emergency Management Coordinator Jeff Suggs presented summary and recommendation and answered Council's questions. Motion was made by Councilmember Ebow to allow the City Manaqer to execute a master lease aqreement and associated lease schedule aqreements with Dell Financial Services, LP for three years lease of 110 computers. and authorize expenditure of $93.317.52 for said purpose. Councilmember Malone seconded the motion. Motion carried. Ayes: Mosteit, Moser, Rigby, Black, Clausen, Malone, Ebow, Engelken, and Porter Nays: None Abstain: None Minutes of Regular Meeting, Public Hearings and Workshop Meeting held on January 12, 2009 Page 10 Absent: None 21. Council to consider approval or other action of a one year extension to the Rail Spur Agreement - R. Bottoms City Manager Ron Bottoms presented summary and recommendation and answered Council's questions. Motion was made by Councilmember Enqelken to approve a one year extension to the rail Spur Aqreement as presented by Mr. Bottoms. Councilmember Ebow seconded the motion. Motion carried. Ayes: Mosteit, Moser, Rigby, Clausen, Malone, Ebow, Engelken, and Porter Nays: None Abstain: Black Absent: None Councilmember Black recused himself from discussing or voting on this item. 21. A. Council to consider approval or other action regarding a resolution requesting that a portion of State Highway Business 146 be removed from the State Highway System from Wharton Weems Boulevard to State Highway 146 (BF146D) - Res. 2008-15-A. Assistant City Manager John Joerns presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read Resolution 2008-15-A, A RESOLUTION REQUESTING THAT A PORTION OF STATE HIGHWAY BUSINESS 146 BE REMOVED FROM THE STATE HIGHWAY SYSTEM, FROM WHARTON WEEMS BOULEVARD TO STATE HIGHWAY 146 (BF146D); FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Enqelken to approve the resolution as presented by Mr. Joerns. A second by Councilmember Rigby. The motion carried Ayes: Mosteit, Moser, Rigby, Clausen, Malone, Ebow, Engelken, Black and Porter. Nays: None Abstain: None Absent: None 22. Mayor Porter closed Regular Meeting at 8:20 p.m. and opened Workshop Meeting at 8:29 p.m. A. Emergency Management Coordinator Jeff Suggs provided an update of the FEMA reimbursement and insurance process. B. Office Manager Melisa Lanclos discussed a City Brochure and asked Council for direction. Minutes of Regular Meeting, Public Hearings and Workshop Meeting held on January 12, 2009 Page 11 Council directed staff to move forward with their plans for a City Brochure. 23. Mayor Porter closed Workshop Meeting and reconvened the Regular Meeting at 8:56 p.m. 24. Receive report from the La Porte Development Corporation Board - C. Engelken Board Member Engelken provided a report from the La Porte Development Corporation Board. 25. City Manager Ron Bottoms provided Administrative Reports for the following: Bay Area Houston Economic Partnership Annual Banquet - January 16, 2009 South Shore Harbour Resort and Conference Center - 6:30 p.m. Drainage Committee Meeting - January 19, 2009 - 5:00 p.m. La Porte-Bayshore Chamber of Commerce Installation Banquet - Monument Inn - Thursday, January 22, 2009 - 6:30 p.m. La Porte City Council Meeting - January 26, 2009 - 6:00 p.m. Battleship Texas Foundation Campaign Breakfast - January 30, 2009 - Monument Inn - 7:30 a.m. 26. Council Comments: - Moser, Malone, Ebow, Engelken, Mosteit, Clausen, Rigby and Porter A. Matters appearing on agenda. 8. Inquiry of staff requiring a statement of specific factual information for a recitation of existing policy. 27. Executive Session. pursuant to provision of the open meetings law, chapter 551.071 through 551.076, 551-087, Texas government code (consultation with attorney, deliberation regarding real property, deliberation regarding prospective gift or donation, personnel matters, deliberation regarding security devices, or excluding a witness during examination of another witness in an investigation, deliberation regarding economic development negotiations) There was not an executive session held. 28. Considerations and possible action on items considered in executive session. 29. There being no further business, the meeting was duly adjourned at 9:05 p.m. Respectfully submitted, Minutes of Regular Meeting, Public Hearings and Workshop Meeting held on January 12, 2009 ~/f1 Assistant City Secretary Passed and approved on this 26th day of January 2009. :ii~ f;/j Mayor Alton E. Porter Page 12 c REQUEST FOR CITY COUNCIL AGENDA ITEM Requested By: Steve Gillett Agenda Date Requested: Bud2et Source of Funds: 045 Department: Public Works Account Number: 04598929801100 Report: x Resolution: Ordinance Amount Budgeted: $265,000 Exhibits: Change Order Amount Requested: $ 72,349 Exhibits: Budgeted Item: YES Exhibits SUMMARY & RECOMMENDATION Harris County has completed design ofFahmont Pkwy widening from Hwy 146 to 16th Street. The proposed design will require relocating waterline and ftre hydrants to keep them out of and from under the proposed pavement at 16th Street. UA Engineering has provided design for the water line relocate. The City is currently under contract with Mar-Con Services to construct water services in Spenwick Subdivision for $289,832.50. Mar-Con has quoted a price of $72,348.90 to relocate the waterlines and install new fife hydrants at 16th Street which is under 25% of the Spenwick project price. Mar-Con has constructed other waterline projects for the City of La Porte similar to the Fairmont & 16th Street relocate with great success. City staff recommends approving a change order for the Spenwick contract to relocate the waterline and fife hydrants at F airmont and 16th Street eliminating the cost of additional contract preparation, design, bonding etc. tired bv Council: Consider approval authorizing the City Manager to execute a change ar-Con Services to install waterline, fire hydrants, and water service lines at Fairmont & 16th t!!)~ LJA Engineering & Surveying, Inc. IA 11821 East Freeway Suite 400 Houston. Texas 77029 Phone 713.450.1300 Fax 713.450.1385 www.ljaengineering.com CHANGE ORDER NO.1 December 3, 2008 Honorable Mayor and City Council City of La Porte 604 W. Fairmont Parkway La Poret, TX 77571 SUBJECT: Request for Change in Contract Amount CONTRACTOR: Mar-Con Services, Inc. CONTRACT DATED: October 13,2008 ORIGINAL CONTRACT AMOUNT: $289,832.50 LJA PROJECT NO. EI70-0050-4 Honorable Mayor and Council, In accordance with Article 10 of the General Conditions of the Agreement, the Owner has requested a change in the Contract Amount for the following additional work: 1,488 L.F. 8-Inch Waterline PVC AWWA C-900 Pipe @$28.75 P/L.F. 3 Each 8-Inch Gate Valves w/Box @ $1,179.10 PlEA. 5 Each - Remove & Salvage Fire Hydrants @ $185.00 PlEA. 5 Each - Fire Hydrant Assembly @ $2,914.50 PlEA. 3 Each - 8-Inch Wet Connections @ $722.10 PlEA. 2 Each - 8-Inch Long Service Replacement @ $3,608.90 1 Each - 2-Inch Service Reconnect @ $1,150.00 TOTAL $42,780.00 $ 3,537.30 $ 925.00 $14,572.50 $ 2,166.30 $ 7,217.80 $ 1.150.00 $72,348.90 Contractor has proposed to do the above additional work for the City of La Porte on the 16th Street Waterline Replacement from West G Street to Fairmont Parkway. Contractor request an additional 20 Working Days to perform the work (See attached sheet for a complete cost breakdown for items listed above). Contractor proposes to do this work for a total cost of $72,348.90. LJA Engineering & Surveying, Inc. considers the cost reasonable and recommend approval of this Change Order for an additional cost to the contract in the amount of $72,348.90. Mayor and Council Change Order No.1 LJA Project No. EI70-0050-4 December 3,2008 Page 2 CONTRACT SUMMARY: COST Original Contract Amount ....... ............... ................ ....... ........... ......... ........... .....$289,832.50 Change Order No.1 - Add .................................................................................$ 72,348.90 Amended Contract Amount ...............................................................................$362,181.40 TIME OF COMPLETION Originals Contract Time .............. ........... ........... ..... ....... ........... ......... ......... ............. 70 W.D. Change Order No. I-ADD ...................................................................................... 20 W.D. Original Completion Date....................................................................................... 02/02/09 Revised Completion Date... ........... .... ........... ......... ....... ....... ...................... ....... ...... 03/02/09 By: AGREED: Mar-c~~ervices, Inc. B .a/:~ ~~) y. / tfIU~ _, Date: Date: 1;:L/?~'9' ( / APPROVED: City of La Porte ~ By: Date: 1- / 'Z - tJ' H:/ConstructionlClients/170/0050/W ordConstructionFileDocs/ConstructionFileFolderDocs/ConstructionPhase/170-0050-CO# I.doc Att~1- 0'1. ern; OF LAPDllTE '1# ' 16th SmElt! WAIE1tL'OOt DPLACEMENr ' If 'JJD iJJJJ! lY& ~11JJh!. !/JIlt i'f0l\\ Wl!lt G _.. v-t.....U...- /. (I ~rJl1lJJJlt. Y1JJj_ ~mml ! 1488 LV iU Waterline _'.2e ~ ~ g/J- (pvCAWWA C.OOO. DR-18 w J;>t.t.tlilo T.rOn .Piliinw> w .RaStrllllll~d l()1hts,M~pL~ At ~Clhd., A11 ConstrUeticm. MGtbnda) ~~!j'J. !Yl 2 j :sA 8n Gate Vl.ll1flJ IJ I "fj!!, WDox (AWWA c-soo, Open Counter CloDkwUre 3 5 nA Remove &: Salw.p J~6~~ 9.ft~ ~ ~~t altw.r to CiM 4 5 :sA Fire HydWlt ZI~JIf~ 9-- 1~~1g.- A&GGU1bly (Gn C:V&B, 6"1'''0 AWWA0-900 . OR-iS LeIlel, & Ryt1tanr') 5 J :SA 8" Wet Connel)lton ~ ~b~ ;t~~2. . I 6 2 BA a" Lo.lJi Set\'iDe ~ ~tJ~ ~ ~ ~lq.~ -1 l .nop111ce-.-m~t)t cpyc I C-900 w gate'Vlllw) 7 1 :SA 21l $aM~ .iJ 5 b o,g.. !;16lJ ~ Rec(llIDlXltl.on (poly- ethylene blblngw co1.t'orattol\ stop) 1'01'AL c# !/J.j ~~}\'. \ ... ') {tfA .. ~p Z'tf R!tlffh4;tf, Ph'YS 7D' t!&u;r'RH/J/./ ~~(jef ~- ,04, . Flit: 1l,mJ. ';Cll"Jlblblo l.G !be C1ty "'" M1I9l1er Sup." CottluriOll or A VK Series 2'180. . '} ~ \\1 8lS-~ ZODmQ'~ IU-l nmo9ttu nNI~aB~IDNa 13l~OH~ SltOI GODa-'Z~^OH 2/a:;le ~d ~8~j:t1lSv~'):;':O.l. 'H81~v~U. S3~I~3S NO~-~IWOJ~ ta:~l a00a-9a~nDN E REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agcndll Dllte Requcstcd: ./llllltan' 12'..20.0~9 , /- '~J Rcqnested By: Tim Tieticns ( r \J Depllrtment: Planuin2 ~J Sonrce of Funds: N/A Account Number: N/A Amonnt Budgeted: N/A Report: _Resolution: _Ordimlllcc:.-X.- Amount Requcsted: N/A Exhibits: I. Ord. for Water Service Agreemcnt 2. Wllter Service Ag.'eement 3. Area Map Budgeted Item: _YES .lL-NO SUMMARY & RECOMMENDATION Eurecat US., Incorporated has recently constructed a new office building to support its operations at 13100 Bay Park Road in the Bayport Industrial District. The company has approached the City for water service to the newly-constructed facility. Council has approved a policy to provide water and sanitary sewer service to companies located outside the city limits and within the City's industrial districts. These companies are required by the policy to execute and maintain an Industrial District Agreement with the City. Council has previously approved an IDA with Eurecat (2007-IDA-019) and the company desires to obtain water service under the terms of this policy. Based on the company's stated demand for domestic water use, the average daily demand for domestic water use is 2,350 gpd which is within the policy's limit of 30,000 gallons per day. The applicant, under the terms of the policy, will pay one and one-half (1-%) times the City's current utility rate. Additionally, Eurecat is subject to a one-time connection fee associated with its water service agreement in the amount of $5,000, for which payment has been received. The terms of the company's WSA will expire on December 31, 2019, plus any renewals and extensions thereof. However, the agreements shall automatically expire at such time as there is no effective IDA between the parties or, if the city exercises the right of termination. Staff recommends approval of a Water Service Agreement for Eurecat U.S., Inc. as submitted herein. ppro e an ordinance authorizing the City Manager to execute a Water Service Agreement with Eurecat U. S., I corporated. Ron Bottoms, City Manager [ /8 /(1 Date ORDINANCE NO. 2009-31J.I AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND EURECAT US INCORPORATED; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW 1 AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The city Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The city Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. 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. f..Wrl - PASSED AND APPROVED, this bi day OfJ:mMAr 200Q. CITY OF LA POR~ By' ~~.\~ Alton E. Porter, Mayor ATTEST: ~~G~~ City Secretary APPROVED: " ~r~~~ Clark T. AskJ.ns I Assistant City Attorney 2 STATE OF TEXAS ~ COUNTY OF lW~RrS ~ WATER SERVICE AGREEMENT Tlus AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of I-Iarris County, Texas, hereinafter called "CITY", and EURECAT U.S. INCORPORATED, hereinafter called "COMPANY". 1. COMPANY is the owner of certain real property which is sihlaled in CITY'S Bayport Industrial District and not witlun the corporate limits of the CITY. CITY and COMPANY are parties to a em-rent Industrial District Agreement. II. COMP AN Y is desirous of purchasing potable waterfi'om CITY for usual human domestic consllmption ancl uses. Previous planning considerations for the long-range potable water supply of CITY did not include the needs of property located outside the city limits of CITY. COMPANY recognizes that CITY cannot at this time provide permanent and unlimited water service. CITY agrees, however, to provide limited potable water service to COMPANY. For and in consideration offumishing domestic potable water by CITY, the parties hereto agree as follows, to-wit: III. COMPANY has made certain representations to CITY as to its number of employees, upon which representation CITY has relied in entering into this Agreement. 2 Upon review of these representations, the City has determined the following: Number of Company Employees on site 43 Number of Contract Employees on site :I: Total on-site Employees 47 Potable Water Approved for Domestic Use (Total on-site Employees times 50 gpd per employee) 2.3 50 IV. CrI'Y has determined that adequate facilities are available to CI'rV to furnish potable water to COMPANY based on the following terms and conditions, to-wit: (A) Company shall pay to CITY a one-time administrative connection charge of $5.000. (B) COMPANY shall file an application for water service with CITY'S Utility Billing Division and pay appropriate deposit and water meter charge. CITY shaH be responsible for furnishing and installing meter at Company's expense, COMP ANY shall be responsible for installing appropriate meter box to be approved by City. (C) Where applicable, COMPANY shall also pay to CITY $ not armlieable as a pro-rata reimbursement for original installation of utility mains funded by other parties. (D) The total amount of potable water approved (average daily demand) is established at Two Thousand Three Hundred Fifty (2,350) gallons I)cr day. Tllis number is based on an average of fifty (50) gallons per employee per clay established by CITY. (E) The average monthly demand of Scvcnty One Thousand Six Hundrcd SevclltyFive (71,675) gallons is established by multiplying the average daily demand by a factor of 30.5, wllich shall be used to facilitate serviee billings. 3 (F) The cost of water up to the average monthly demand of Seventy One Thousand Six Hundred Sevcnty Five (71,675) gallons shall be one hundred fifty percent (150%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (G) The cost of water for amounts used in excess of the established average monthly demand shall be two hundred pcrcent (200%) of the CITY'S rate as cstablished [rom time to time for commercial customers inside its corporate limits. (H) Nothing contained in tillS Agreemcnt shall obligate CITY to fumish more than the average monthly demand of Scventy One Tbousand Six Hundred Seventy Five (71,675) gallons. Repeated consumption greater than the established average monthly demand may result in termination of service. (1) CITY shall have the right to interrupt or temporarily suspend said water service to COMPANY if an emergency arises and there is not an adequate water supply to meet the needs of the citizens of La Porte. (J) CITY reserves the right to enlorce it., drought contingency plan on all watcr customers at CITY'S sole discretion. (K) The total cost for the engineering design and construction of any potable water main, service line, back flow preventer, meter or other required appurtenances will be the responsibility of COMPANY. (L) COM}) ANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the furnishing of potable water to customers within the corporate limits of CITY. (M) All plumbing installed by COMPANY connected to the domestic watcr line from CITY, shall meet all applicable State of Texas and CITY plumbing code requirements. CITY'S engineering and code cnforcemcnt personnel sha1l have the right of prior review and approval of COMPANY'S plans and specifications for the plumbing system(s). CITY plumbing 4 inspectors shall have the right to inspect any and all work related to the fUl11ishing of potable water to CO~1PANY. (N) A reduced pressure zone backflow preventer shaH be installed and maintained by COMPANY to protect CITY from any possible cross-connections. (0) The potable water supply system will be segregated from any existing and future CO MP Al\Y fire protection system. (P) There shall be no resale of the water provided by CITY, nor any extension of service lines by CaMP ANY to serve other parties. (Q) COMP ANY shall submit a certified site plan showing the total acreage of the tract including present and proposed improvements and a suitable location map of the site. Company's development may be subject to ce11ain additional requirements as described in Exhibit A. These requirements shall be shown on the site plan and approved by City. V. All expenses of the installation of the meter; service lines from the main to the meter; and :from the meter to COMPANY'S tacilities, shall be solely at the expense of COMPANY. CaMP ANY shall own and maintain all service lines and pllUl1bing facilities beyond the meter. CITY shall own the meter. VI. CITY will have ownership and maintenance responsibility l()l' its waler mains, and service lines up to and including CITY'S water meter. In the event a State or Harris County license, pennit, or pe1111issioll to install the water main is revoked, or relocation or adjustment is required, CITY will not be responsible for the expense of such relocation, adjustment, or replacement. VII. CITY reserves the right of entry at all reasonable times for the purpose of inspection of 5 COMPANY'S water facilities, and to observe compliance with the terms and conditions of this Agreement. When exercising its right of entry, CITY shall notify COMPANY in advance. CITY also agrees to follow established health and safety policies in effect at COMPANY'S facility. VIII. CITY reserves the right to terminate this agreement in the event of violation of the terms and provisions hereof by COMPANY. CITY will provide COMPANY with written notice of any defects and COMPANY shall have the opportunity to cure any defects. Failure to coneet defects within ten (I 0) days may result in termination of Agreement. CITY shall have the right to summarily con'cet, at COMPAi"iY'S expense, any defect or deficiency, when in its opinion the integrity of the public water supply is tlu'eatencd. IX. Upon receipt of written notice of termination, COMPANY shall have up to six (6) months to prepare for transition to another water supply. If thc transition is not complete within said six- month period, CITY shall have the right to terminate water service at its sole discretion. X. In the event of any contlict between the terms and provisions of this Water Service Agreement and the terms and provisions of the Industrial District Agreement between the parties, the terms and provisions of the Water Service Agreement shall contTOI, to the extent of such conflict. The term of this Agreement shall terminate on December 31, 2019. However, this Agreement shall automatically expire at such time as there is no effective Industrial District Agreement betwecn the partics or if CITY exercises its right oftenuination. ENTERED INTO cffective the k9-.~ .. day of CJOJILlCtf l~ ...~, 2009. 6 ElJRECAT U.S. INC. Company siW'atureH JJiJ~ Name: DOLtG,L-!-l( _ a. WGI\l~ Title: PlAnt 1\1AI\JI'r66(( Address: 13iOo B~,< R:lQ;C. ~ C\ 'PASAA ~r--4 A .' 'lSx A ~ _ 11 S07 CITY OF LA PORTE ,APPROVED: ~7~1 Knox W. r'\.skins City Attomey CITY OF LA ~O~ .~~ '. Porter yor ATTEST: 'A.tu.~~ art a A Gillett ~ r City Secretary City Attomey PO Box 1218 La Porte, TX 77572-1218 City of La Porte 604 West Fainnont Parkway La Porte, TX 77571 Phone: (281) 471-1886 Fax: (281) 471-2047 Phone: (281) 471-5020 Fax: (2gl) t70.'6t;t'l{J 7 This is EXHIBIT .t\-, consisting of 1 page, rofen'cd to in and part of111e 'Water Sen'ke Agreement antI/or Sanitary Sewer Service Agreement b"'jlt'J!/Y ru,d COMPANY dated 01 _' (:0= COMP~~~ ADDITIONAL REQUIREMENTS The Agreement is amended and supplemented to include the following agreement of the parties. COMPANY shall provide additional improvements as specifically set forth below. These agreements represent contractual undertakings of COMP ANY, undertaken to induce CITY to sell water to COMPA.NY pursuant to the tenns of the Water Service Agreement andior Sanitary Sewer Service Agreement fUld this addendwn. Said additional improvements undertaken by COMPANY are fU1 integral part of the consideration by COM]) ANY for obtaining the provision of water and/or sanitary sewer service from CITY. 1) Stann Water Plan: For 1Iew development COMPANY shall provide a Storm Water Management Plan 111at is approved by Harris County Flood Control District and CITY. COM:PANY shall construct and maintain any storm \;vater system as a condition of continued water and/or sewer service. 2) Beautification Efforts: COMP ANY shall submit a Landscaping Plan subject to approval by CITY. COMP ANY shall install and maintain landscaping along existing developed front.age as per approved I ,andflcaping Plan as a condition of continued water service. 11.,,-' ., ... ,,'_ ..--.......,. t"'. .... '~.': .....~,l~ t~. r;'~J~ ~Aj,>i ,~~&5~~ EXHIBIT 3 - 'Il"~--:'~' ".) - . I;--'-r;~ AREA MAP -- " N ..-;.' I ~'J r/ .lw' '- - E :"t. ^ , , s .FAIRMONT PK\NY ,','- ", ..,,-- .~:: .;''''~'''.~'~-. h ...,..."".;.--;:.' ,I '::. ......,~ '-::;-:;-~~t\,~ . . SA YPORt' INDUSTRIAL . DlsTRICTI: ....... ~..:_ 7"'" . , (' ....-. ..:.~, . ., it d':"'~ EURECAT u.s., INC. 13100 BAY PARK RD. . ~ I~__l :}.. 0"'1\0:, .'. 0:: ..' flll" .. '. i~ i .,. x= 0::' , <(. i .. ..4_. ' .' ,-I. .. . ".' .... .. ",-i ~'.,I ,....~~l... .1IoSo.., t t~~"I-- - "i .. -- ~, -..... ,,' r... j r " I ~_~.......... I.,!! .1 " . : I. - ....~.....: _,r.....:-f I ..._ J ~ , ....""..-.-' .....~?4;.;+1 "-7' ,;: .' -:""II . ~ , ,..J, .. ~.. " ~'r'..l ',. ,,,*,,, ...r'. . fJ ~I._.,,_ j "..", _A"" .!II ,.. r"; - ok ...~ ~ ~ ;; 'd F REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Report: _Resolution: _Ordinance:-X- Amount Requested: N/A Exhibits: 1. Ordinance 2. Interlocal Water Service Agreement Budgeted Item: _YES -X-NO SUMMARY & RECOMMENDATION The Port of Houston Authority has approached the City for temporary water service to provide irrigation for proposed landscaping along the north bank of the Bayport Turning Basin. The area in question is located immediately south of La Porte's southernmost city limits and within the corporate limits of the City of Pasadena. The Port's plan calls for 3 individual service connections; one at South Broadway, one at Tarpon Lane and one at Bay Colony Drive (see Exhibit "A" ofInterlocal Water Service Agreement). The duration of water service to the project site will be three (3) years beginning February 1, 2009 through January 31, 2012. The Port of Houston Authority will pay a Water Service Agreement administrative fee of$5,000 and will be limited to 30,000 gallons per day which is the limit of the City's policy. The agreement shall be executed by the P011 of Houston Authority, the City of Pasadena and the City of La Porte. Action Required of Council: Approve an ordinance authorizing the City Manager to execute an lnterlocal Water Service Agreement with the Port of Houston Authority and the City of Pasadena for temporary water se 'ce to the Port of Houston for a period of three (3) years. / Ron Bottoms, City Manager ORDINANCE NO. 2009--31 ~ J. AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL WATER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE, THE PORT OF HOUSTON AUTHORITY, AND THE CITY OF PASADENA TO PROVIDE TEMPORARY WATER SERVICE TO PROPERTY OWNED BY THE PORT OF HOUSTON AUTHORITY AND LOCATED WITHIN THE CITY OF PASADENA, FOR LANDSCAPING IRRIGATION; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement. or other undertaking described in the title of this ordinance substantially the foml as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. All ordinances or parts of ordinances inconsistent with the temlS 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 goveming the subject matter covered by this ordinance. Section 3. If any section, sentence. phrase. clause, or any part of any section, sentence, phrase or clause of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of the ordinance, and it is hereby declared to the intention of this City Council to have passed each section, sentence, phrase, or clause. or part thereof, may be declared invalid. Section 4. The City Council officially find. 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, Texas Govenunent Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed. considered and formally acted upon. The City Council further ratifies. approves and confinns such Wl'itten notice and the contents and posting thereof. Section 5. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this /c2% day of ~n~ .2009. CITY OF LA PORTE By ~}>~ Mayor ATTEST: ~ M-tJft 0I-~~) '-/ City Secretary () - APPROVED: #' /! I // /., // __ .,..4,/ /,' / ~4' ----, -'r" /~,/ /' ~<<'/ // ;' //<,~ . /. Iw~vl - - City Attorney STATE OF TEXAS * COUNTY OF HARRIS S INTERLOCAL WATER SERVICE AGREEMENT This agreement witnesseth that the Port of Houston Authority, a political subdivisions of the State of Texas ("PORT OF HOUSTON'"), the City of La Porte ("'LA PORTE" herein), a Texas municipal corporation, and the City of Pasadena C,p ASADENA" herein), a Texas municipal corporation, all of which are situated in Harris County, Texas, have constructed and agreed by and between them, pursuant to the authority granted under the Interlocal Cooperation Act (Chapter 791 of the Texas Government Code) and in consideration of the mutual benefits, covenants and benefits to said parties, as follows (A) LA PORTE agrees to furnish potable water from its existing municipal water distribution system to property owned by PORT OF HOUSTON and situated immediately south of LA PORTE'S corporate limits and in the area along the northern portion of the Bayport Turning Basin, for the purpose of landscaping irrigation, said property being a portion of a larger tract identified as Tracts 1 & 4, Bayport Section 2, U/R (HCAD Account No. 100-574-000-0070), and which property is further illustrated on Exhibit "^" of this agreement, attached hereto and incorporated herein by reference, (B) PORT OF HOUSTON shall pay to LA PORTE a one-time administrative connection charge of $5000.00. (C) PORT OF HOUSTON shall tile an application for water service with LA PORTE'S Utility Billing Division and pay appropriate deposit and water meter charge. LA PORTE shall be responsible for furnishing and installing meter at PORT OF HOUSTON'S expense. PORT OF HOUSTON shall be responsible for installing appropIiate meter box to be approved by LA PORTE. (D) The total amount of potable water approved for average daily demand is established at Five Thousand One Hundred (5,100) gallons per day. ~.)I/I/13/'T ') (E) The average monthly demand of One Hundred Fifty Five Thousand Five Hundred Fifty (155,550) gallons is established by multiplying the average daily demand by a factor of 30.5. which shall be used to facilitate service billings. (F) The cost of water up to the average monthly demand of One Hundred Fifty Five Thousand Five HWldred Fifty (155,550) gallons per month shall be one hundred fifty percent (150%) of LA PORTE'S rate as established from time to time for commercial customers inside its corporate limits. (G) The cost of water for amounts used in excess of the established average monthly demand shall be two hundred percent (200%) of LA PORTE'S rate as established from time to time for commercial customers inside its corporate limits. (H) Nothing contained in this Agreement shall obligate LA PORTE to furnish more than the average monthly demand of One Hundred Fifty Five Thousand Five Hundred Fifty (155,550) gallons. Repeated consumption greater than the established average daily demand may result in temlination of service. (I) LA PORTE shall have the right to interrupt or temporarily suspend said water service to PORT OF HOUSTON if an emergency arises and there is not an adequate water supply to meet the needs of the citizens of La Porte. (J) LA PORTE reserves the right to enforce its drought contingency plan on all water customers at LA PORTE'S sole discretion. (K) The total cost for any engineering design and construction of any potable water main, service line, back flow preventer, meter or other required appurtenances will be the responsibility of PORT OF HOUSTON. (L) PORT OF HOUSTON agrees that it shall be bOWld by all applicable ordinances of LA PORTE relative to the fumishing of potable water to customers within the corporate limits of LA PORTE. ..., .) (M) All plumbing installed by PORT OF HOUSTON connected to the domestic water line from LA PORTE, shall meet all applicable State of Texas and LA PORTE plumbing code requirements. LA PORTE'S engineering and code enforcement persOlmel shall have the right of prior review and approval of PORT OF HOUSTON'S plans and specifIcations for the plumbing system(s). LA PORTE plumbing inspectors shall have the right to inspect any and all work related to the fumishing of potable water to PORT OF HOUSTON. (N) A reduced pressure zone backt10w preventer shall be installed and maintained by PORT OF HOUSTON to protect LA PORTE from any possible cross-connections. (0) The potable water supply system will be segregated from any existing and future PORT OF HOUSTON fire protection system. (P) There shall be no resale of the water provided by LA PORTE, nor any extension of service lines by PORT OF HOUSTON to serve other paJ1ies. (Q) PORT OF HOUSTON shall submit construction plans to City Engineer of LA PORTE showing the total acreage of the tract including present and proposed improvements and a suitable location map of the site for LA PORTE'S REVIEW AND APPROVAL. (R)LA PORTE does not guarantee its water system will provide specific water pressure and/or water volume requirements of PORT OF HOUSTON. V. All expenses associated with installation of the meter; service lines from the main to the meter; aJ1d service lines from the meter to PORT OF HOUSTON'S facilities. shall be solely at the expense of PORT OF HOUSTON. The service lines are defined as water lines from the City of La Porte's water mains located on South Broadway (Old State Hwy. 146), Bay Colony Drive, and Tarpon 4 Lane. to the meter. and from the meter to the PORT OF I-IOUSTON'S property. LA PORTE shall OVvTI the meter, and the service lines from LA PORTE'S water mains to the meter. PORT OF HOUSTON shall 0\'-'11 and maintain all service lines and plumbing facilities beyond the meter during the ten11 of this agreement at its sole expense. Furthem10re, LA PORTE shall not be responsible for any repairs, or for reimbursement to PORT OF HOUSTON for the cost for repairs, to any portion of the service lines providing water to the subject property. including repairs to those portions of the service lines from LA PORTE'S water mains to the meter. VI. LA PORTE shall retain oV\.11ership and maintenance responsibility for its water meter(s). In the event a State or Han-is County license, pem1i!. or pen11ission to install the water main is revoked, or relocation or adjustment is required, LA PORTE will not be responsible for the expense of such relocation, adjustment, or replacement. VII. LA PORTE reserves the right of ingress and egress at all reasonable times for the purpose of reading, maintenance, installation, removal and/or relocation of its water meter(s) and for inspection of PORT OF HOUSTON'S water facilities in order to observe compliance with the ten11S and conditions of this Agreement When exercising its right of entry, LA PORTE shall notify PORT OF HOUSTON in advance, LA PORTE also agrees to follow established health and safety policies in effect at PORT OF HOUSTON'S facility. VIII. LA PORTE reserves the right to terminate tlus agreement in the event of violation of the tem1S and provisions hereof by PORT OF HOUSTON. LA PORTE will provide PORT OF HOUSTON with \'-'Titten notice of any defects and PORT OF HOUSTON shall have the opportunity to cure any defects. Failure to COlTect defects within ten (lO) days may result in ten11ination of Agreement. LA PORTE shall have the right to summarily cOlTect, at PORT OF HOUSTON'S expense, any defect or deficiency, when in its opinion the integrity of the public water supply is threatened. 5 IX. The tenn of this Agreement shall be for three (3) years, beginning on Febmary L 2009, and ending on Jrumary 31, 2012, unless either PORT OF HOUSTON or LA PORTE shall notify the other party in writing at least thilty (30) days before the end of the three (3) year period of its intent to tenninate the agreement. Within thirty (30) days after the end of the above-referenced water service term, the PORT OF HOUSTON shall coordinate with LA PORTE for removal of all water meters and capping of all service lines to the subject property. The Port of Houston Authority, the City of La POlie and the City of Pasadena shall execute this agreement to signify acceptance of all the tenns, conditions and liabilities herein prescribed. AGREED TO AND ACCEPTED BY: By: H. Thomas Kornegay Executive Director Port of Houston Authority By: Ron Bottoms City Manager of La Porte Page 1 of 1 Garrison, Bonnie From: Harris, Sharon Sent: Thursday, June 11, 2009 10:38 AM To: Garrison, Bonnie Subject: FW: Port of Houston (PHA) irrigation improvements within Pasadena from LaPorte water line Bonnie scan/file the below as soon as possible. Thanks, SH From: Lee, Peggy Sent: Thursday, June 11, 2009 10:33 AM To: Harris, Sharon Subject: FW: Port of Houston (PHA) irrigation improvements within Pasadena from LaPorte water line Please file this memo in the vault with Ord. 3122 {Port of Houston Landscaping Agreement} Peggy Lee, Office Coordinator City of La Porte Planning Department 604 W. Fairmont Parkway, La Porte, TX 77571 Phone: 281-470-5057, Fax: 281-470-5005 leep@laportetx.gov From: Tietjens, Tim Sent: Wednesday, June 10, 2009 5:44 PM To: 'sbenavides@ci.pasadena.tx.us' Cc: Lee, Peggy Subject: Port of Houston (PHA) irrigation improvements within Pasadena from LaPorte water line Sarah, Thanks for calling this morning. Per our discussion regarding the above subject, the City of LaPorte has authorized PHA to connect their irrigation system within Pasadena jurisdiction, to a waterline connection within our jurisdiction at the PHA request. Our intent to allow Pasadena to be a part of our water supply review process was verbally acknowledged but unwritten. We accept that response, and likewise offer no objection to your permitting the PHA irrigation system via your standard permit process as required. If I can be of assistance please advise. I consider this matter closed. Tim Tietjens 6/11/2009 w .~~~ ~ to %3 ~{,.) tni- ::;)::r: 00 J:!C( >=. < . . CI) ~~ O~ i::c::: rrlffi <,;J..; ~~ ~~ 100 Iff e .~ I I i ~ I ~ 1 STATE OF TEXAS ~ ~ ~ofJ 1-o1V I COUNTY OF HARRIS INTERLOCAL WATER SERVICE AGREEMENT This agreement witnesseth that the Port of Houston Authority, a political subdivision of the State of Texas ("PORT OF HOUSTON") and the City of La Porte ("LA PORTE" herein), a Texas municipal corporation, each being situated in Harris County, Texas, have constructed and agreed by and between them, pursuant to the authority granted under the Interlocal Cooperation Act (Chapter 791 of the Texas Government Code) and in consideration of the mutual benefits, covenants and benefits to said parties, as follows (A) LA PORTE agrees to furnish potable water from its existing municipal water distribution system to property owned by PORT OF HOUSTON and situated immediately south of LA PORTE'S corporate limits and in the area along the northern portion of the Bayport Turning Basin, for the purpose of landscaping irrigation, said property being a portion of a larger tract identified as Tracts 1 & 4, Bayport Section 2, UIR (HCAD Account No. 100-574-000-0070), and which property is further illustrated on Exhibit "A" of this agreement, attached hereto and incorporated herein by reference. (B) PORT OF HOUSTON shall pay to LA PORTE a one-time administrative connection charge of $5000.00. (C) PORT OF HOUSTON shall file an application for water service with LA PORTE'S Utility Billing Division and pay appropriate deposit and waterc'meter charge. LA PORTE shall be responsible for furnishing and installing meter at PORT OF HOUSTON'S expense. PORT OF HOUSTON shall be responsible for installing appropriate meter box to be approved by LA PORTE. (D) The total amount of potable water approved for average daily demand is established at Five Thousand One Hundred (5,100) gallons per day. "" ..... 2 (E) The average monthly demand of One Hundred Fifty Five Thousand Five Hundred Fifty (155,550) gallons is established by multiplying the average daily demand by a factor of 30.5, which shall be used to facilitate service billings. (F) The cost of water up to the average monthly demand of One Hundred Fifty Five Thousand Five Hundred Fifty (155,550) gallons per month shall be one hundred fifty percent (150%) of LA PORTE'S rate as established from time to time for commercial customers inside its corporate limits. (G) The cost of water for amounts used in excess of the established average monthly demand shall be two hundred percent (200%) of LA PORTE'S rate as established from time to time for commercial customers inside its corporate limits. (H) Nothing contained in this Agreement shall obligate LA PORTE to furnish more than the average monthly demand of One Hundred Fifty Five Thousand Five Hundred Fifty (155,550) gallons. Repeated consumption greater than the established average daily demand may result in termination of service. (I) LA PORTE shall have the right to interrupt or temporarily suspend said water service to PORT OF HOUSTON if an emergency arises and there is not an adequate water supply to meet the needs of the citizens of La Porte. (J) LA PORTE reserves the right to enforce its drought contingency plan on all water customers at LA PORTE'S sole discretion. (K) The total cost for any engineering design and construction of any potable water main, service line, back flow preventer, meter or other required appurtenances will be the responsibility of PORT OF HOUSTON. (L) PORT OF HOUSTON agrees that it shall be bound by all applicable ordinances of LA PORTE relative to the furnishing of potable water to customers within the corporate limits of LA PORTE. 3 (M) All plumbing installed by PORT OF HOUSTON connected to the domestic water line from LA PORTE, shall meet all applicable State of Texas and LA PORTE plumbing code requirements. LA PORTE'S engineering and code enforcement personnel shall have the right of prior review and approval of PORT OF HOUSTON'S plans and specifications for the plumbing system(s). LA PORTE plumbing inspectors shall have the right to inspect any and all work related to the furnishing of potable water to PORT OF HOUSTON. (N) A reduced pressure zone backflow preventer shall be installed and maintained by PORT OF HOUSTON to protect LA PORTE from any possible cross-connections. (0) The potable water supply system will be segregated from any existing and future PORT OF HOUSTON fire protection system. (P) There shall be no resale of the water provided by LA PORTE, nor any extension of service lines by PORT OF HOUSTON to serve other parties. (Q) PORT OF HOUSTON shall submit construction plans to City Engineer of LA PORTE showing the total acreage of the tract including present and proposed improvements and a suitable location map ofthe site for LA PORTE'S review and approval. (R)LA PORTE does not guarantee its water system will provide specific water pressure and/or water volume requirements of PORT OF HOUSTON. V. All expenses associated with installation of the meter; service lines from the main to the meter; and service lines from the meter to PORT OF HOUSTON'S facilities, shall be solely at the expense of PORT OF HOUSTON. The service lines are defined as water lines from the City of La Porte's water mains located on South Broadway (Old State Hwy. 146), Bay Colony Drive, and Tarpon 4 Lane, to the meter, and from the meter to the PORT OF HOUSTON'S property. LA PORTE shall own the meter, and the service lines from LA PORTE'S water mains to the meter. PORT OF HOUSTON shall own and maintain all service lines and plumbing facilities beyond the meter during the term of this agreement, at its sole expense. Furthermore, LA PORTE shall not be responsible for any repairs, or for reimbursement to PORT OF HOUSTON for the cost for repairs, to any portion of the service lines providing water to the subject property, including repairs to those portions of the service lines from LA PORTE'S water mains to the meter. VI. LA PORTE shall retain ownership and maintenance responsibility for its water meter(s). In the event a State or Harris County license, permit, or permission to install the water main is revoked, or relocation or adjustment is required, LA PORTE will not be responsible for the expense of such relocation, adjustment, or replacement. Vil. LA PORTE reserves the right of ingress and egress at all reasonable times for the purpose of reading, maintenance, installation, removal and/or relocation of its water meter(s) and for inspection of PORT OF HOUSTON'S water facilities in order to observe compliance with the terms and conditions of this Agreement. When exercising its right of entry, LA PORTE shall notify PORT OF HOUSTON in advance. LA PORTE also agrees to follow established health and safety policies in effect at PORT OF HOUSTON'S facility. VIII. LA PORTE reserves the right to terminate this agreement in the event of violation of the tenns and provisions hereof by PORT OF HOUSTON. LA PORTE will provide PORT OF HOUSTON with written notice of any defects and PORT OF HOUSTON shall have the opportunity to cure any defects. Failure to correct defects within ten (10) days may result in termination of Agreement. LA PORTE shall have the right to summarily correct, at PORT OF HOUSTON'S expense, any defect or deficiency, when in its opinion the integrity of the public water supply is threatened. 5 IX. The term ofthis Agreement shall be for three (3) years, beginning on February 1, 2009, and ending on January 31, 2012, unless either PORT OF HOUSTON or LA PORTE shall notify the other party in writing at least thirty (30) days before the end of the three (3) year period of its intent to terminate the agreement. Within thirty (30) days after the end of the above-referenced water service term, the PORT OF HOUSTON shall coordinate with LA PORTE for removal of all water meters and capping of all service lines to the subject property. The Port of Houston Authority and the City of La Porte shall execute this agreement to signify acceptance of all the terms, conditions and liabilities herein prescribed. AGREED TO AND ACCEPTED BY: ~~ ~y: H. Thomas Kornegay ~\~I 01 Executive Director - flC-71~ tp Port of Houston Authority By: Ron Bottoms City Manager of La Porte ~ :~\. ".',.Z . :J:l <<~ , . ~ ,. co Z'::J " ~ 0.....0. ....'. . . ,';cn'f- ';::J:I: 0"0 'J:<' ,:~:. I, ~,- ~ ~; l~ ~ ~ " ,{:.- f ".'" "'">:" ,.,,:'" " ~". :"""! 7/8 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: Requested By: Januarv 12,2009 Department: Planninl!: ~ Source of Funds: NA Account Number: NA Amount Budgeted: NA Report: _Resolution: _Ordinance:_X_ Exhibits: Ordinance 1501 Amendment as proposed Ordinance 1501 Amendment showing changes SUMMARY The current parking space size and maneuvering aisle width prompted the Planning and Zoning Commission and Staff to review the ordinance requirements pertaining to off-street parking standards within the City. Currently, under Code of Ordinances Section 106-835, Design Standards, (a) parking space size, the standard parking space size for 450.600, and 900 parking is ten (10) feet wide and (c) Circulation, (4) Maneuvering aisle width is 28-foot for 90-degree parking. This standard was found to be inordinately excessive, especially when compared to standards of the American Planning Association and neighboring cities with standard parking space size range of 8.5 ft. to 9.5 ft. and width for maneuvering aisle of 25 ft. for 90-degree parking. Several years ago, the standard parking space size was 9-foot and maneuvering aisle width for 90-degree parking was 25-foot. Based on the analysis and current prevailing conditions, staff recommended that off- street parking requirements in place prior to the current provision be reinstated as a means to reduce unwarranted urban sprawl, increase efficiency of the use of land and further increase the tax base. After a workshop on November 20th, the Planning and Zoning Commission on December 18, 2008, conducted a public hearing and received citizen input on provisions governing parking space design and standards for off-street parking within the City. The Planning and Zoning Commission, by a unanimous vote, forwarded their official position for action by City Council that "the off-street parking requirements in place prior to the current provision of parking rules should be reinstaled". It was recommended that the standard parking space size for 450, 600, and 900 parking be changed from 10' to 9' wide and maneuvering aisle width for 90-degree parking be changed from 28' to 25'. Action Required bv Council: I. Conduct a Public Hearing 2. Consider Planning and Zoning Commission recommendation to approve an ordinance amending Chapter 106 (Zoning) to change standard parking space size for 450, 600. and 00 parking from 10-foot to 9-foot and maneuvering aisle width from 28-foot to 25-foot for 900 parking. / Is /?J? Date ORDINANCE NO. 1501- 14 ~ AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE VI. "OFF-STREET PARKING", SECTION 106-835 "DESIGN STANDARDS (ALSO SEE FIGURES 10-1, 10-2 AND 10-3)", BY ALLOWING NINE (9) FOOT WIDE STANDARD PARKING SPACE FOR 45, 60, AND 90 DEGREE PARKING; AND A TWENTY- FIVE (25) FOOT MANEUVERING AISLE FOR gO-DEGREE PARKING; MAKING CERTAIN FINDINGS OF FACTS RELATED TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby finds, determines and declares that heretofore, to-wit, on the 18th day of December, 2008, at 5:00 p.m. a Public Hearing was held before the Planning and Zoning Commission of the City of La Porte, Texas, pursuant to due notice as required by the Open Meetings Law, Chapter 551, Texas Government Code, to consider the question and the possible changes to the zoning ordinance. There is attached to this Ordinance as Exhibit "An, and incorporated by reference herein and made a part hereof for all purposes, a copy of Notice of Public Hearing. Section 2. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "B", incorporated by reference herein and made a part hereof for all purposes. Section 3. On December 18, 2008, the Planning and Zoning Commission of the City of La Porte met in regular session to consider amendments in the zoning ordinance, which were the subject of such public hearing. The City Council of the City of La Porte is in receipt of the written recommendations of the City of La Porte Planning and Zoning Commission, by letter dated on the 2200 day of December, 2008, a true copy of which letter is attached hereto as Exhibit "Cn, incorporated by reference herein and made a part hereof for all purposes. Section 4. Subsequent to receipt of the recommendation of the City of La Porte Planning and Zoning Commission, the City Council of the City of La Porte called a public hearing on the proposed changes to the ordinance and the recommendation of the Planning and Zoning Commission on the 1ih day of January, 2009, at 6:00 p.m., and pursuant to due notice, to consider the recommendation of the Planning and Zoning Commission regarding the ORDINANCE NO. 1501- fJ ~ Page 2 possible changes to the ordinance. There is attached to this Ordinance as Exhibit "0", incorporated by reference herein and made a part hereof for all purposes, a copy of the notice of public hearing. Section 5. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "E", and incorporated by reference herein and made a part hereof for all purposes. Section 6. The City Council of the City of La Porte hereby accepts the recommendation of the City of La Porte Planning and Zoning Commission regarding the amendment of Section 106-835, "Design standards, also see figure 10-1, 10-2 and 10-3)", (a) parking space size, and (c) circulation, (4) maneuvering aisle, of the Code of Ordinances as shown on Exhibit "F", attached hereto and fully incorporated in this ordinance as if set forth herein verbatim. Section 7. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. Section 8. The City Council official finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. ORDINANCE NO. 1501- ~ it, Page 3 Section 9. This Ordinance shall be in effect from and after its passage and approval. Passed and approved this the b2 ~ay of January 2009. ::TY~y~ ALTON PORTER, Mayor ATTEST: . By~allYL~~ MA HA GILLETT, City Secreta APPRO"D: By: Z{ddT7t.d~/{>':/i CLARK ASKINS. Assistant City Attorney THE ST ATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance \\1th the provisions of Section 106-171 of the Code of Ordinances of the City of La Porte, and the provisions of the Texa., Local Govenllllent Code, notice is hereby given that the La P0l1e Planning and Zoning Commission will conduct a public hearing at 5:00 P,M, on the 18tb day of December, 2008, in the Council Chambers of City Hall, 604 West Fainnont Parkway, La Porte, Texas. The purpose of this hearing is to receive public input on a proposed amendment to Section 106-835 of Chapter 106 of the La Porte Code of Ordinances, pertaining to off-street parking space SIzes. A regular meeting of the Planning and Zoning Commission will follow the public hearing for the purpose of acting upon the public hearing items and to conduct other matters pertaining to the Commission. Citizens wishing to address the Commission pro or con during the Public Hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett, TRMC, CMC City Secretary A QUORUM OF CITY COUNCIL MEMBERS MA Y BE PRESENT AND PARTICIPA TE IN DISCUSSIONS DURING THIS MEETING. HOWEVER, NO ACTION WILL BE TAKEN BY COUNCIL ' THIS FAClUTY liAS DISABIUTl ACCOMMODATIONS A/AfLABLE. REQUESTS FOR ACCOMMODATlOA'S FOR INTERPRETIlE SER/'IeES AT MEETINGS SHOULD BE MADE 48 HOliRS PRIOR TO THE MEETING. PLEASE C01\7>1CT THE cnT SECRETAR} 'S OFFICE AT 281-47 1-5(J2(J OR TDf) UNE 28/-471-5030 FOR Fl..iR7HER INFORMATION EXHIBIT A TMSTATE OF~ .CO RRI ff ~ '~N OF",BUC HEART . In accordancei' with the Th provisions " Section 106-171 of 16e Code of Ordinances o~ the CIty ~f ." e La Porte, a!\l:l the prllVl-. sions of ~ Texas Local' Government ,rcooe, notice is herebyjven that the La Porte ,PlaMing and Zoning isslon will conduct a hearing at 5:00 on the 18th day of bar, 2008, in the it Chambers ....ity of La Porte of City 604 West J ~~:ont Th~ ~ ;ounty of Harris 'pOs~ 01 hearing is to Hate of Texas receIVe input on a proposed j amendment to Sectionfl06-835 of Chap- ~el0~0I0r~~. ~: ~efore me, the undersigned authority, on this date came and ~;~~~~~-street park- ppeared Adam Yanel/i, a duly authorized representative of The · ,J. """'" · .. iayshore Sun. a semi-weekly newspaper published and generally ~:'~km ~II ~':o~ istributed in the City of La Porte, Harris County, Texas and who ::rpo'r,' ic Ofhe':~g forup': ft, er being duly sworn, swears the attached notice was published in the public hearing rtems / 3 / 0 8 arid ~ conduct other mat- he Bayshore Su dat 11 0 tars ~ pertaining to the A :60mron. ~ CilizeflS wishing to ad- . \ -dress' the Commission pro,f:or con during the PubliC; Hearing will be re- o qUired to sign in before jam Y the meeting is convened. 820 S. 8th Street I Porte, Texas n571 B 281-471-1234 Fax 281-471-5763 RE: PUBLIC NOTICE 2 i CITY OF LA PORTE f~~ /l P&ZOFF-STREET PARING},,~!; (' /.c'i"v'. .; :::, ,~ Sworn and subscribed before me this December ,2008. ~Ju~ Notary Public - DEBORAH SUE STOUT Harris County , Texas 2nd day of My Commission Exprires 03-13-2012 EXHIBIT 8 City of La Porte December 22. 2008 Honorable Mayor Alton POJ1er and City Council City of La P0I1e Re: Zoning Ordinance Amendment - Parking Space Standards Dear Mayor P0l1er and Council: The La Porte Planning and Zoning Commission. during a regular meeting on December 18. 2008, held a public hearing to consider an amendment to the Zoning Ordinance (Chapter 106 of the Code of Ordinances). by amending Sections 106-835; related to the parking design standards. The Planning and Zoning Commission. by unanimous vote. recommends that City Council consider approval of an amendment related to the parking design standards. Respectfully Submitted. C-'kk \\ (~_7" I I . \, / i .::.l.,A, (tt. Hal Lawler Chairman. Planning and Zoning Commission c: Ron Bottoms. City Manager John Joerns. Assistant City Manager Clark Askins. Assistant City Attorney Plalming and Zoning Commission Tt~\ 1 iii EXH\.B\l C THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the La Porte City Council will conduct a public hearing at 6:00 P.M. on the 12th day of January, 2009, in the Council Chan1bers of City Hall, 604 West Fairmont Parkway, La POlte, Texa<;. The purpose of this hearing is to receive public input on a proposed amendment to Section 106-835 of Chapter 106 of the La Porte Code of Ordinances, pertaining to off-street parking space sizes. 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 Cow1cil. Citizens wishing to address the Council pro or con during the Public Healing will be required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett TRMC CMC City Secretary A QUORUM OF CITY COUNCIL MEMBERS MA Y BE PRESENT AND PARTICIPA TE IN DISCUSSIONS DURING THIS MEETING; HOWEVER. NO ACTION WILL BE TAKEN BY COUNCIL. TfIlS F'lC!LllT HAS' DISABILllT ACCOMMODATIONS AVAILABLE. REQUE.<.;TS FOR ACCOMMODATIONS FOR IlliTERPRETlI'E SERV/C/:.:S A l' ;\IEETlNGS' SHOUl.D BE MADE 48 flOURS Pl?fOR TO THE MEET/A'c;, PLEASE CONTACT THE CITY SECRETAR) S OFF/( 'E AT 281-471-5020 OR TDD Ll/VE 281-471-5030 FOR FURTHER !/'!FORMA 1'10\', EXHIBIT D 281-471-1234 Fax 281-471-5763 The B ~ City of La Porte County of Harris State of Texas RE: PUBLIC NOTICE CITY OF LA PORTE OFF-STREET PARKING SPACE SIZES Before me, the undersigned authority, on this date came and appeared Adam Yanelli, a duly authorized representative of The Sworn and subscribed before me this December ,2008. 29th day of ~/~~ Notary Public - DEBORAH SUE STOUT Harris County, Texas My Commission Exprires 03-13-2012 yrl m'j.t!H,m HI"'" If II """11111 111I1 II 1111 '!! !:/~t>'" e..," OEBORAH SUE STOUT :: = Ji: ~ '\;.. NOTARY PUBLIC ; i ,~" ).. STATE OF TEXAS = i . '-:m"'" Ggmm. Exp. 03-13-2012 ~ ntilllililllh iillh 1111 W iii. J I 1I11111111Ulllllln EXHIBIT E I 104' ~ I , ~ I 104' -+- 65' I I 11,7' I 11,7' I 1Y' I 64' I ZONING I 90' J -18.0' 90" 25.0' 9 106-835 180' '1.0' 60. 19,3,-1-18.0'-1-19.3', 6.6' I 450' / / -191'~180,_1_19.1'- 450 56.2' FIGURE 10-1 FYJJ'D'" F ZONING ~ 106-835 (g) Residential use. Off-street parking facilities accessory to residential use shall be utilized solely for the parking of licensed and operable passenger automobiles. Under no circumstances shall required parking facilities accessory to residential structures be used for the storage of commercial motor vehicles or equipment, pole trailers, semi-trailers, shipping containers. trailers, trucks, or truck tractors. Boat or recreational vehicles, are not subjected to the restrictions imposed by this section. (h) Calculating space. (I ) When determining the number of off-street parking spaces results in a fraction, each fraction of one-half or more shall constitute another space. (2) In stadiums, sport arenas. churches and other places of public assembly in \vhich patrons or spectators occupy benches, pews or other similar seating facilities, each 22 inches of such seating facilities shall be counted as one seat for the purpose of deternlining parking requirements. (3) Should a structure contain two or more types of use, each use shall be calculated separately for detennining the total off-street parking space required. Sec. 106-835. Design standards (also see Figures 10-1, 10-2 and 10-3). (a) Parking space size. Each standard parking space shall not be less than nine feet wide and 18 feet in length, and each ADA accessible parking space shall not be less than 14 feet wide and 20 feet in lenf,rth. exclusive of access aisles, and each space shall be served adequately by access aisles (b) Within structures. The off-street parking requirements may be furnished by providing a space so designed w'ithin the principal building of one structure attached thereto; however, unless provisions are made. no building permit shall be issued to convert such parking structure into a dwelling unit or living area or other activity until other adequate provisions are made to comply with the required off-street parking provisions of this chapter. Supp. No.9 (c) Circulation. (1) Except in the case of single-family, two-fanlily and to\vnhouse dwellings, parking areas shall be designed so that circulation between parking bays or aisles occurs within the designated parking lot and does not depend upon a public street or alley. Except in the case of single-family, two-family and townhouse dwellings. parking area design which requires backing into the public street is prohibited. (2) All multifamily developments must include an area designated for accommodation of school buses and the loading and unloading of passengers. Wherever possible said pick up/drop off sites should be located sllch that the passengers can be protected from the elements. Such areas must comply with minimum standards necessary for the efficient ingress, egress, and maneuvering of school buses for the loading and unloading of passengers a<; set by the La Porte Independent School District. A copy of these standards can be obtained from the school district. Supp. No.9 CDI06:93 LA PORTE CODE S 106-835 (3) In the case of off-street parking facilities located within multifamily developments all non-adjacent garage structures divided by parking bays or access aisles shall be separated by no less than 28 feet. (4) Maneuvering aisle. A minimum of a 25-foot maneuvering aisle is required for 90-degree parking. A minimum of a 18-foot maneuvering aisle is required for 60- and 45-degree parking. (d) Parallel parking .spaces. In all cases, parallel parking spaces shall be 22 feet in length. Except in the case of single-family, two-family and townhouse dwellings, parking areas and their aisles shall be developed in compliance with the standards contained in Figures 10-1 and 10-3. (e) "Head-in" parking spaces. In the case of off-street parking facilities located within multiple-family developments exclusively serving "senior" age individuals, all 900 or "head-in" parking is prohibited. Supp. No.9 CDW6:94 ZONING s ] 06-835 (g) Residential use. Off-street parking facilities accessory to residential use shall be utilized solely for the parking of licensed and operable passenger automobiles. Under no circumstances shall required parking facilities accessory to residential structures be used for the storage of commercial motor vehicles or equipment, pole trailers, semi-trailers, shipping containers, trailers, trucks, or truck tractors. Boat or recreational vehicles, are not subjected to the restrictions imposed by this section. (h) Calculating space. (1) When determining the number of off-street parking spaces results in a fraction, each fraction of one-half or more shall constitute another space. (2) In stadiums. sport arenas. churches and other places of public assembly in which patrons or spectators occupy benches. pews or other similar seating facilities, each 22 inches of such seating facilities shall be counted as one seat for the purpose of determining parking requirements. (3) Should a structure contain two or more types of use, each use shall be calculated separately for detennining the total ofT-street parking space required. Sec. 106-835. Design standards (also see Figures 10-1, 10-2 and 10-3). (a) Parking space size. Each standard parking space shall not be less than teB nine feet wide and 18 feet in length, and each ADA accessible parking space shall not be less than 14 feet wide and 20 feet in length. exclusive of access aisles, and each space shall be served adequately by access aisles (b) FVithin structures. The off-street parking requirements may be furnished by providing a space so designed within the principal building of one structure attached thereto; however, unless provisions are made, no building pennit shall be issued to convert such parking structure into a dwelling unit or living area or other activity until other adequate provisions are made to comply with the required off-street parking provisions of this chapter. Supp. No.9 (c) Circulation. (1) Except in the case of single-fanlily, two-fanlily and townhouse dwellings, parking areas shall be designed so that circulation between parking bays or aisles occurs within the designated parking lot and does not depend upon a public street or alley. Except in the case of single-family, two-family and townhouse dwellings, parking area design which requires backing into the public street is prohibited. (2) All multifamily developments must include an area designated for accommodation of school buses and the loading and unloading of passengers. Wherever possible said pick up/drop oiT sites should be located such that the passengers can be protected from the elements. Such areas must comply with minimum standards necessary for the efficient ingress, egress. and maneuvering of school buses for the loading and unloading of passengers as set by the La Porte Independent School District. A copy of these standards can be obtained from the school district. Sllpp. No.9 CDI06:93 LA PORTE CODE ~ 106-835 (3) In the case of off-street parking facilities located \vithin multifamily developments all non-adjacent garage structures divided by parking bays or access aisles shall be separated by no less than 28 feet. (4) Maneuvering aisle. A minimum of a;?;8- 25-foot maneuvering aisle is required for 90-degree parking. A minimum of a 18-foot maneuvering aisle is required for 60- and 45-degree parking. (d) Parallel parking spaces. In all cases, parallel parking spaces shall be 22 feet in length. Except in the case of single-family. two-family and townhouse dwellings. parking areas and their aisles shall be developed in compliance with the standards contained in Figures 10-1 and 10-3. (e) "Head-in" parking spaces. In the case of off-street parking facilities located within multiple-family developments exclusively serving "senior" age individuals. all 900 or "head-in" parking is prohibited. Supp. No.9 CDI06:94 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Januarv 12, 2009 Requested By: Tim Tietiens~ Department: Planninl! Appropriation: Source of Funds: ~ Account Number: N/A Report: Resolution: Ordinance: X Amount Budgeted: N/A Exhibits: Amount Requested: N/A Ordinance Aerial Map Zoning Map Public Notice Response Budgeted Item: N/A SUMMARY & RECOMMENDA nON The Planning & Zoning Commission, during their November 20,2008, meeting, held a public hearing to receive citizen comments regarding Rezone Request #R08-002. The applicant, Dow Hydrocarbons and Resources, Inc., seeks to have the property rezoned ti'om General Commercial (GC) and Large Lot Residential (LL) to Planned Unit Development (PUD). The property is located at 727 Old Underwood Road south of Underwood Business Park. The existing facility comprised of approximately 6 acres, primarily houses personnel, equipment, a maintenance shop, and above ground piping/valve. The remainder of the 20 acres of undeveloped land to the east is fenced and leased for grazing purposes. The tract in question has multiple zoning classifications and is occupied by a pre-existing one-story office and shop building/structure. The front general commercial portion of the facility has operated since 1978 when the company purchased the property. Later, the company constructed pump station and storage tank in 1979. A radio tower was constructed at site in 1988. However, the tank and pumping station were demolished in 2000. Currently, the undeveloped portion of the property is being marketed for a use, which is unknown at this stage. A Planned Unit Development (PUD) zone might be considered as a viable option, which will provide the City more control on the future use of land and provide an opportunity for Council to review a defined project followed by a Special Conditional Use Penn it (SCUP), which will be enforcement or operating tool in this regard. As required by Ordinance, notices of the public hearing were mailed to twelve property owners within 200' ofthe subject site. One response favoring the request was received from the mailout. The Planning and Zoning Commission, by unanimous vote, recommends City Council approve Rezone Request #R08- 002. Action Required bv Council: o duct public hearing. Con ider taking action on a recommendation by the Planning and Zoning Commission to approve Rezone Request #R 02, rezoning the referenced property from GC and LL to PUD. l~~ Date I ,'''' { A ORDINANCE NO. 1501- \../ 'f AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING THE ZONING CLASSIFICATION FROM GENERAL COMMERCIAL AND LARGE LOT RESIDENTIAL TO PLANNED UNIT DEVELOPMENT FOR PROPERTY LOCATED AT 727 OLD UNDERWOOD ROAD, FURTHER DESCRIBED AS 26.8206 ACRE TRACT, ENOCH BRINSON SURVEY, ABSTRACT NO. 5 AND NICHOLAS CLOPPER SURVEY, ABSTRACT NO. 198, LA PORTE, HARRIS COUNTY, TEXAS; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby finds, determines and declares that heretofore, to-wit, on the 20th day of November 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 November 20, 2008, the Planning and Zoning Commission of the City of La Porte met in regular session to consider changes in classification, which were the subject of such public hearing. The City Council of the City of La Porte is in receipt of the written recommendations of the ORDINANCE NO. 1501-m Page 2 City of La Porte Planning and Zoning Commission, by letter dated December 12, 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. 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 1ih day of January, 2009, at 6:00 p.m., and pursuant to due notice, to consider the recommendation of the Planning and Zoning Commission regarding the possible reclassification of the zoning classification of the hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "0", incorporated by reference herein and made a part hereof for all purposes, a copy of the notice of public hearing. Section 5. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "E", and incorporated by reference herein and made a part hereof for all purposes. Section 6. The City Council of the City of La Porte hereby accepts the recommendation of the City of La Porte Planning and Zoning Commission, and the zoning classification of the hereinafter described parcels of land, situated within the corporate limits of the City of La Porte, is hereby changed from General Commercial (GC) and Large Lot Density Residential (LL) to Planned Unit Development (PUD). The description of said parcels of land rezoned is as follows, to-wit: "26.8206 acre tract as recorded in Clerk's File No. P800502, Film Code No. 094-78-3003 of the H.C.D.R., being situated in the Enoch Brinson Survey, Abstract No.5, and Nicholas Clopper Survey, Abstract No. 198, La Porte, Harris County, Texas." ORDINANCE NO. 1501~ Page 3 Section 7. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Map and Classification contained in this Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. Section 8. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required 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 January, 2009. CITY OF LA PORTE ~ By: ~~'.1M:- ALTON PORTER, Mayor ATTEST: BY~~~ A A GILLETT, City Secretary APPROVED: /II .~'--r /' / By: ~/i~( / . rt,4/~'l/1 CL RK ASKINS, Assistant City Attorney #R08-002 THE STATE OF TEXAS COUNTY OF HARRlS ) CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with the provIsIOns in Section 106-171 of the City of La Porte's Code of Ordinances, notice is hereby given that the La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 20th day of November 2008, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to hear public input regarding Rezone Request #R08-002, for the property located at 727 Old Underwood Road. The property is further described as 26.8206 acre tract as recorded in Clerk's File No. P800502, Film Code No. 094-78-3003 of the H.C.D.R., being situated in the Enoch Brinson Survey, Abstract No.5, and Nicholas Clopper Survey, Abstract No. 198, La Porte, Harris County, Texas. The applicant, Dow Hydrocarbons and Resources, Inc., seeks to have the property rezoned from General Commercial (GC) and Large Lot Residential (LL) to Planned Unit Development (PUD). The purpose of the zone change is to utilize the propeIiy for co mmercia1/ind ustrial development. 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 peIiaining to the Commission. Citizens wishing to address the ConIDlission pro or con during the public hearing \vill be required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett, TRMC, CMC City Secretary A quorum of' Cily Council members may be present and participale in discussions during Ihis meeling, however, 110 aClion 1Fil/ be taken by Council. This./ilcili~r has disability accommodations available. Requests./i)r accommodations or inlel]Jretive sel1'ices al meetings should be made 48 hours prior to the meeting. Please contact Cit)' Secretary's ()ffice at (281) 471- 5020 or TDD Line (281) 471 -5030forfilrlhel' il?j(muatio/1. EXH'B'i A iE STATE OFTEXAS) OUNTY OF HARRIS. ITY 0" I 6 Pr'lRTF.)$, ,PUBLlJ ' . NG,;Jl I 820 S. 8th Street ;~il~~: La Porte, Texas 77571 )6-171 the Chy{ol La orte's Code oft Ordl- ~nces notice is" hereby ,ven '1hat the Lji Porte Th Janning and r: Zoning ..ommission will) conduct. I...... e public hearing' at 6:00 ; .M. on 1he 20th day of i ovember 20081' in the ouneil Chamber.; 01 the! lly Hall, 604 ,~est Fair- i IOn! Parkway, [La Porte,: exas. The fiPurpose of I lis hearing ,is to hear ubIic input fllgartfmg Re- one Req . IlR08-o02, Ir 1he pro located at 27 Underwood load. property is lrther ibed as 6.8206 tract as re- orded in erk's File No. '800502, F m Code No. *78.3003.1 01 the I.C.D.R., lbeing slluated 1 the En~h Brinson Sur- av, Abstrllet No.5, and Iicholas ~opper Survey, I B f h d' d th'ty th' d d ~~~act .t~;;s 198cou~:" e ore me, t e un erslgne au on ,on IS ate came an :waS. Hy'tT:rbon~Plic~a! appeared Adam Yanelli, a duly authorized representative of The ~~urc~e~lnc;:o: r~ i Bayshore Sun, a semi-weekly newspaper published and generally ~:?al f(~C)~~~~(1 )E;; distributed in the City of La Porte, Harris County, Texas and who .ot ReslCJ:ntial LL to ~:red(~u2.:l~nit. ~~ after being duly sworn. ' swears the attached notice was published in ~~o 014 ~~e p<;:;~ The Bays' ore un ated 11/2/08 . / or _:T.... merclaVinduslnal '! leveIOP"'''f~ / \ regularheeting 01 the! \ >Janning .~ and Zoning , ::Onunissio~ will follow he pubIlc Ihearin~ for the I lUrpose .1 aCIng upon 'Ada he publl~! hearing items I md to ccji1duct other mat- I ers pellBining to the I AmmiSSlfo t :itizens~Wishing to ad- i jress E" e Commission lroOf '. n during the pub- ic heari' will be required ~eeti~t~~ven~re the Sworn and .' November B 281-471-1234 Fax 281-471-5763 City of La Porte County of Harris State of Texas RE: PUBLIC NOTICE CITY OF LA PORTE REZONE REQ #R08-002 , It r- //-.\ )" - \" { . .;,"( , subscribed before me this ,2008. 3rd day of 0uikd- Notary Public Harris County, Texas My Commission Exprires 03-13-2012 EXHfBJT B City of La Porte [, 1 December 12. 2008 Honorable Mayor Alton Porter and City Council City of La P0l1e Re: Rezone Request #R08-002 Dear Mayor POlter and Council: The La Porte Planning and Zoning Commission. during its November 20. 2008, meeting. held a public hearing to consider Rezone Request #R08-002. The subject property is located at 727 Old Underwood Road. further described as 26.8206 acre tract as recorded in Clerk's File No. P800502, Film Code No. 094-78-3003 of the RC.D.R., being situated in the Enoch Brinson Survey. Abstract No.5, and Nicholas Clopper Survey, Abstract No. 198. La Porte. Hanis County. Texas. The applicant seeks to rezone the property from General Commercial (GC) and Large Lot Residential (LL) to Planned Unit Development (PLJD). The Planning and Zoning Commission. by a unanimous vote. has recommended approval of the rezone request. Respectfully submitted. 'WI \.. <, + C." \.' \./ f:'. . .:x..... i ' Hal Lawler Chairman, Planning and Zoning Commission c: Ron Bottoms. City Manager John Joems. Assistant City Manager Clark Askins. Assistant City Attorney Planning and Zoning Commission EXHIBIT C I · # R08-002 THE STATE OF TEXAS COUNTY OF HARRIS) CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with the proVIsIOns in Section 106-171 of the City of La Porte's Code of Ordinances, notice is hereby given that the La Porte City Council will conduct a public hearing at 6:00 P.M. on the 12th day of January 2009, in the Council Chambers of the City Hall, 604 West Fairmont Parkway. La Porte, Texas. The purpose of this hearing is to hear public input regarding Rezone Request #R08-002, for the property located at 727 Old Underwood Road. The prope11y is further described as 26.8206 acre tract as recorded in Clerk's File No. P800502, Film Code No. 094-78-3003 of the H.C.D.R., being situated in the Enoch Brinson Survey, Abstract No.5, and Nicholas Clopper Survey, Abstract No. 198. La Porte, Harris County, Texas. The applicant, Dow Hydrocarbons and Resources, Inc., seeks to have the property rezoned from General Commercial CGC) and Large Lot Residential (LL) to Planned Unit Development (PUD). 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 quorU/1/ of City Council members /1/(~1' be present and participate in discZlssions during this meeting. however, no action will be taken bv Council. Thisji:/cility has disability accommodations available. Requests/or accommodations or interpretive services at meetings should be made 48 hours prior to the meeting Please contact City Secretal)"s i!tlice at (28/) 471- 5020 or TDD Line (281) 471-5030forfurther in!imnatiol1. EXHIBIT 0 PUB~IC NO.-!,lCES ~'. ~ j Wcfrt~: ~~X~~h1 "r~~~ tl1~ s~'\rh B Porle's herebY ~~~cB La~ \ e ',;,. a pubflc he a of P.M, on the ,~ay thei. JanUlIl'1 of the CouncB C est Fair- Cill Hall La Porle, moot Par sa of Texas- to hear i this heari rding ~ i. public mput .flOB-Q02, . ~the loea~ ty of La Porte ~7?ad. Otih =rty ~~ )unty of Harris further dL 2n,8206, acte s J: :: ;ite of Texas corded n COde No.' p8l10502. of the 1 094-78-3003 .sltU8ledl ~,Q_D_R., . son Sur- fore me the undersigned authority, on this date came and In the 5 and , !o~5 198~"1a ?eared Adam Yanelli, a duly authorized representative of The Porte, ap=: {shore Sun, a semi-weekly newspaper published and generally ~::~ces, seellS8:,!ributed in the City of La Porte, Harris County, Texas and who ~eil the ~: Com- i,f being duly sworn, swears the attached notice was published in . ~ and Large ~ia1Re ,(LLl, to\ Bay ,u dated 12/28/08 Planned, DeW op- men! (PUDlo' 281-471-1234 Fax 281-471-5763 re SUD RE: PUBLIC NOTICE CITY OF LA PORTE R08-002 ling of the wi" ~\Iow the 9 lor the pur- . upon the no items and other matterS lite Coundl. Cltlzens wishing to ador- Couiicll pro, , . dress ,. . the public ' con " n9 --"red to hearing Will be ''''i''' ling sign jnbelore Ihe mee is convened. Sworn and subscribed before me this 29th December ,2008. otJ~~j Notary Public - DEBORAH SUE STOUT Harris County, Texas day of My Commission Exprires 03-13-2012 EXHIBIT E A Meeting of the La Porte IUU NOV 1 2100B Wi Phnning & Zoning Commission (Type of Meeting) By Scheduled for ~ovember20,2008 (Date of Meeting) to Consider Zone Change Request#R08-002 (Type of Request) I have received nonce of the a.bove referenced public hearing. I am in FAVOR of granting this request for the following reasons: A ~c>a:no~ dF~\S\i.k.,.\-\~~~eeJ0seO ~ ~0\l$TA&"'(..~~~~~ ....M> Ls ~TlU.lt->US#'6" \)(JIU ~& -r~ \~ B~ lJI->~1f' \.Jollnl M L~ ~'NI.i..c...~AQIL Gi..et:d\c.At..T~~~,~L~tt.s. A..JO D;~Q.I.i8.c. r\ h , ~.... ~ S \Te ~O"TY\6t..c1' 't;A \(es't08).),iA-'- ()~ . I am OPPOSED to granting this request for the following reasons: \300 \J()c;,aw.~W().J ST'cf U>O Address \Al1,)S1'V~~)(. i7oS(p City, State, Zip . 11/12 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Januarv ~12009 ? ' Requested By: Tim Tietiens j" / _ ,!: ~\& ;' V"....,__...:r '\ '- Department: Planninl! Appropriation Source of Funds: N/A Account Number: N/A Report: Resolution: _Ordinance:-X- Amount Budgeted: N/A Exhibits: Ordinance Aerial Map Zoning Map Amount Requested: N/A Budgeted Item: N/A SUMMARY & RECOMMENDA nON The Planning and Zoning Commission, during their December ] 8, 2008, meeting, held a public hearing to receive citizen conmlents regarding Rezone Request #R08-004. This request is for the property located in the 500 Block of North tll Street and is adjacent to the North 'E' Street right-of-way, which is the City's linear park site in the N0l1hside Neighborhood, The subject tract comprises approximately 0.57 acre of land, described as lots 25 thru 32 of Block 101, Johnson Hunter Survey, Abstract No. 35, La Porte, Harris County, Texas. Currently, the adjacent properties are a mixture of low-density, single-family residential, and commercial. The applicant, Decker McKim on behalf of Preston Copeland (owner), is requesting a rezone from Medium Density Residential (R-2) to General Commercial (GC) for proposed parking or structure [or adjacent cOllunercial establishments along North 8th Street. The City's Comprehensive Plan and the Land Use Map indicate this area developing as residential. The subject property is adjacent to the City of La Porte's propel1y, where four single-family dwellings will be built as a part of the HOME grant program in the Northside Neighborhood. It is anticipated that the area around the sUQject property will be developed as residential. The zone change may have a negative impact on the area and may harm the value of nearby propel1ies. A rezone would have significant impact upon the thoroughfare system and HOME grant program. Granting this requested change would be contrary to the goals and intents of the Comprehensive Plan. As required by ordinance, notices of public hearing were mailed to seven (7) property owners within 200' of the subject site. No responses from the mailout were received. The Planning and Zoning Commission, by unanimous vote recommends City Council deny Rezone Request #R08-004. Action Required bv Council: 1. Conduct public hearing. 2 onsider and take action on a recommendation by the Planning and Zoning Commission to deny Rezone equest #R08-004 to rezone 0.57 acre ofland located in the 500 block ofN. ill Street frol11 R-2 to Gc. ( he Planning and Zoning Commission recommended denial; therefore to overtum the recommendation ould require a o/t vote or 7 of9 members.) I /J jc, Date ORDINANCE NO. 1501-.p.Y> 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 CHANGING THE ZONING CLASSIFICATION FROM MEDIUM DENSITY RESIDENTIAL TO GENERAL COMMERCIAL FOR PROPERTY LOCATED ALONG NORTH 7TH STREET, BEING A 0.57 ACRE TRACT MORE SPECIFICALLY DESCRIBED AS LOTS 25 THRU 32, BLOCK 101, TOWN OF LA PORTE, JOHNSON HUNTER SURVEY, ABSTRACT 35, LA PORTE, HARRIS COUNTY, TEXAS; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; ~11'I-eo{ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby finds, determines and declares that heretofore, to-wit, on the 18th day of December 2008, at 5:00 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 "An, 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 December 18, 2008, the Planning and Zoning Commission of the City of La Porte met in regular session to consider changes in classification, which were the subject of such public hearing. The City Council of the City of La Porte is in receipt of the written recommendations of the City of La Porte Planning and Zoning Commission, by letter dated December 22,2008, 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--fllt 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 1th day of January, 2009, at 6:00 p.m., and pursuant to due notice, to consider the recommendation of the Planning and Zoning Commission regarding the possible reclassification of the zoning classification of the hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "0", incorporated by reference herein and made a part hereof for all purposes, a copy of the notice of public hearing. Section 5. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "E", and incorporated by reference herein and made a part hereof for all purposes. Section 6. By an affirmative vote of at least three-fourths of the City Council of the City of La Porte hereby rejects the recommendation of the City of La Porte Planning and Zoning Commission, and the zoning classification of the hereinafter described parcels of land, situated within the corporate limits of the City of La Porte, is hereby reclassified from Medium Density Residential (R-2) to General Commercial (GC). The description of said parcels of land is as follows, to-wit: "0.57 acre tract, being Lots 25 thru 32, Block 101, Town of La Porte, Johnson Hunter Survey, A-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. ORDINANCE NO. 1501- ntn Page 3 ~ Section 8. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required 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 January, 2009. CITY OF LA PORTE By: Alton Porter, Mayor ATTEST: By: Martha Gillett, City Secretary APPROVED: By t/I~ 7'; I!-~ Clark Askins, Assistant City Attorney " ,.r;.<' 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 Govemment Code, notice is hereby given that the La Porte Plmming and Zoning Commission \vill conduct a public hearing at 5:00P.M. on the 18th day of December, 2008, in the Council Chanlbers of City Hall, 604 West Fainl10nt Parkway, La Porte, Texas. The purpose of this hearing is to hear public input on zone chmlge request #R08-004. requested for a property located along North 7th Street from Medililll Density Residential (R-2) to General Commercial (GC). The property is further described as Lots 25 thru 32 of Block I 01, TO\\-TI of La Porte, Johnson Hunter Survey, Abstract No.35, La Porte, Hanis COWlty, Texas. A regular meeting of the Planning mld Zoning Commission will follow the public hearing. The Commission will act upon the public hearing items and conduct other matters. Citizens \\-ishing to address the Conul1ission pro or con during the public hearing are required to sign in before the meeting is convened. crTY OF LA PORTE Mmtha Gillett, TRMC CMC City Secretary A quorum ~fCity COllncilmembers may he present and participate in discussions during Ihis meeling, haU'el'er, no action wi/! be taken ~v Council. This facility has disability accommodations available. Requests .fi:Jr accommodations or interpretive seli'ices at meetings should be made 48 hours prior 10 Ih{~ meeting. Please col7laclthe CiZl' SecretG(r's q{fice al (281) 47/- 5020 or TDD Line (28/) 471-5030forjlJl'ther itrformmio11. EXHIBIT A ,.U_Vlr'OlI- ..... .~,..~, COUNTY OF HARRIS) CITY OF LA PORTE) NClTICEBBUC :1 E IN " , " 'the ~20 S. 8th Street n f 'on Porte, Texas 77571 of, tv at' ~~I notice fh IhaI the gand n wID -~ e the 18th , . 2008, Chambers I 604 West y, La , The pur- hearing Is to ut on zone ! request ty of La Porte uested !of . along )unty of Hams from Me- dium "ty Residential ate of Texas '(B-2) ilj" General Com-. ,mercialfM(GCl. The prop- I arty i~~ further described' :ock~01~\:~ ;: ~ Ifore me, the under~igned authority~ on this date .came and forte,{~J Johnson Hunter 'peared Adam Yanelll a duly authorized representative of The Survey, Abstract NO,5, La , ~=s'f.':' Harris County, yshore Sun, a semi-weekly newspaper published and generally Ii\. ~ular meeting of the1tributed in the City of La Porte, Harris County, Texas and who ~':sion an~R1 z~~: er being duly sworn, swears the attached notice was published in the,'} pu~ic ~earlng.}he;e' Bayshore Su d d 11/30/08 CommISSion wdl act upon" thi€ public hearing, ,items.l ,and conduct other ..mat-I tQiG.;j 'cLns wishing to;' ad-II dress the, Comn\issionl ~~o h~C:; ~~ri~~~~iam Y sig~ ,in before,' the meeting I Is convened. , B 281,,471-1234 Fax 281..471-5763 're Sun ,-.- RE: PUBLIC NOTICE , CITY OF LA PORTE /) ~L P & Z #R08-004 )"t '- Sworn and subscribed before me this December ,2008. ~~ Notary Public -DEBORAH SUE STOUT Harris County, Texas 2nd day of My Commission Exprires 03-13-2012 EXHIBIT B City of La Porte ') December 22. 2008 Honorable Mayor Alton POlier and City Council City of La Porte Re: Rezone Request #R08-004 Dear Mayor Porter and Council: The La Porte Planning and Zoning Commission. during its December 18. 2008. meeting. held a public hearing to consider Rezone Request #R08-004. The subject propelly is located in the 500 Block of North th Street. further described as Lots 25 - 32. Block 101. Town of La POlle. Johnson Hunter Survey. Abstract No. 35, La Porte. Harris County, Texas. The applicant seeks to rezone the property from Medium Density Residential (R-2) to General Commercial (GC). The Planning and Zoning Commission, by a unanimous vote. has recommended denial of the rezone request. Respectful I Y subm i tted, i~~. J"i- . Hal Lawler Chairman. Planning and Zoning Commission c: Ron Bottoms. City Manager John Joerns, Assistant City Manager Clark Askins. Assistant City Attorney Planning and Zoning Commission ! .j EXHIBIT C THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of La Porte and the provisions of the Texas Local Government Code, notice is hereby given that the La Porte City Council will conduct a public hearing at 6:00 P.M. on the 12th day of January, 2009, in the Council ChanIbers of City Hall, 604 West Fainnont Parkway, La Porte, Texas. The purpose of this hearing is to hear public input on zone change request #R08-004, requested for a property located along North ill Street from Medium Density Residential (R-2) to General Commercial (GC). The property is further described as Lots 25 tlu'u 32 of Block 101, Town of La POlte, Johnson Hunter Survey, Abstract No.35, La P011e, Harris County, Texas. A regular meeting of the City Cowlcil will follow the public hearing. The Council will act upon the public hearing items and conduct other matters. Citizens wishing to address the Council pro or con during the public hearing are required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett. TRMC, CMC City Secretary A quorum qj"Cit)' COZlncil members may be present and participate in disclIssions during this meeting, however, no action will be taken by COZlncil. This facili~1' has disability accommodations available. Requests fhr accommodations or interpretive sen'ices at meetings should be made 48 hOlY'S prior fo fhe meeting Please contact the Ci~)' Secretary's qtfice at (281) 47/- 5020 or TDD Line (281) 471-5030/()/'fimher il?j"ormatiol1. EXHIBIT 0 TheB 820 S. 8th Street la Porte, Texas n571 City of La Porte County of Harris State of Texas RE: #R08.Q04, L~ f( 281 471 1234 a properly localed,. alon - - North 7th Street frdm Ml Fax 281-471-576 dium Density " 'denti; (R-2) 10 Gene Con mercia! (Qq, ,pror erly is further. )jescrlbe as Lots 25 111 32 I S Block 101, 1i of l Porte Jo Hunll Su " t No.3! Ullla ~rte.. ' Count Texas. t A regular !peeling 01 Ih City Councif' win follow tr public hea/lhg. The CoUl ell will a~. upon the pub! hearing sand COI duct Oth: . matters. E CitizenJ' wishing 10 al PUBLIC NOTIC dres~iThe Council pro ( CITY OF LA PORTI con, dunng the. publ hear are reqrnred ! R 0 8 - 0 0 4 sign in before the meetir is convened. THE STATE OF TEXAS COUNTY OF HARRIS Before me, the undersigned authority, on this date came an CITY OF LAPORTE appeared Adam Yanelli, a duly authorized representative of Th Non~~~~BlIC Bayshore Sun, a semi-weekly newspaper published and genera" ~~oV=rdanC~f wi~ecl~ distributed in the City of La Porte Harris County Texas and wh 106-171 of the Co~e ' , Orcfmances 01 the City after being duly sworn, swears the attached notice was published il ~nsPo~r' fh~ndTe: t: The Bayshore un TJ' 12/28/08 Government ,Code. natil is hereby given that It La Porte City Council II cOncluCl a public hearlr t at 6:00 P.M. on the 1 Z day of January, 2009, the Council Chambers City Hall, 604 West Fa ublisher mont Parkway. La Port Texas. The purpose this hearing is 10 recer pubnc ihpul on a pr posed amendment Section 106-835 of Cha lei 106 of the La Pol Code 01 Ordinances. III taining to off.slreet pal ing space sizes. day 0 A regular meeting of ti City Council will 1oI1ow ti public hearing for the pi pose of acting upon ti public hearing items 31 10 conduct other matte perlaining to the Council. Citizens wishing to a dress the Council pro con during the Pub Hearing will be requiro to sign in before " meeting is convened. 29th Sworn and subscribed before me this December ,2008. c~AuA~ Notary Public -DEBORAH SUE STOUT Harris County, Texas gUlUll:~~ HlI~t~IIII"" II' 11111 111/ 1I111J111 II If S' ~'''' --"::\ Lii:80RAH SUE STOUT := :: ,. ~r,?,)..) NO fARY PUBLIC ~ : ;:,: ~ /,/ ST'-\ f;:' OF TEXAS = - '1tf -..y ^ _ - 0.<> I_,~rnm. f:;:,~ 03-13-2012 :: 17"'''''"WfiJ!lli\! mJiLt, ji,;, illtUlfJmllfi My Commission Exprires 03-13-2012 .~ EXHIBit E 13/14 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Requested By: Source of Funds: NA Agenda Date Requested: Account Number: NA Department: Planninl! Amount Budgeted: NA Rcport: _Resolution: _Ordinance:_X_ Exhibits: Ordinance 1501 amendmcnt Amendments to Articlcs V & VI, Chapter 70 Trucl, Terminals & Container Yards Map Proposed Trucl, Route Map SUMMARY City Council directed staff to conduct a review of the eXlstll1g provIsIOns of Chapter 106 (Zoning) regarding trucking terminals and truck routes within the City limits of La Porte. At the October 2007, La Porte Citizens Advisory Council meeting, statT gave a presentation on current projects and plans to improve truck transportation and safety. Staff highlighted areas of concern about the language contained in the ordinances governing trucking facilities, terminals/yards, and specifically truck routes. Regulations such as location of truck terminals and truck routes are delineated in the Traffic and Vehicles Ordinance (Chapter 70 of the Code of Ordinances) enforced by the Police Department. Changes proposed for Chapter 70 should better define and correlate the provisions of the Zoning Ordinance (Chapter 106) for suitable placement of trucking facilities by restricting them to locations directly adjacent to the right-or-way of the designated truck routes. After a workshop on November 2011\ the Planning and Zoning Commission on December 18, 2008, conducted a public hearing and received citizen input on proposed changes pe11aining to the development of trucking facilities within the City. The Planning and Zoning Commission, by unanimous vote, recommends City Council approve an amendment to the Code of Ordinances related to trucking terminals. The Commission also supports the proposed changes to Chapter 70, with a recommended adjustment to the truck route. Action ReQuircd bv Council: I. Conduct a Public Hearing 2. Consider Planning and Zoning Commission recommendation to approve an ordinance amending Chapter 106 (Zoning) Section 106-521, Table A, Industrial Uses, Add footnote 'J' pertaining to location of trucking terminals adjacent to the right-of-way of authorized 'uck routes. recommendation to amend Article V & VI of Chapter 70 and approve ~A9 I Ron Bottoms, City Manager Date ORDINANCE NO. 1501-~ AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY AMENDING DIVISION 4, "INDUSTRIAL DISTRICT REGULATIONS", SUBDIVISION I, "GENERALLY", SECTION 106-521, "TABLE A, INDUSTRIAL USES" TO RESTRICT TRUCK TERMINALS TO LIGHT INDUSTRIAL (L1) AND HEAVY INDUSTRIAL (HI) ZONING DISTRICTS, AND ONLY WHEN ADJACENT TO THE RIGHT-OF-WAY OF AUTHORIZED TRUCK ROUTES IN SAID ZONING DISTRICTS; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby finds, determines and declares that heretofore, to-wit, on the 18th day of December 2008, at 5:00 p.m. a Public Hearing was held before the Planning and Zoning Commission of the City of La Porte, Texas, pursuant to due notice as required by the Open Meetings Law, Chapter 551, Texas Government Code, to consider the question and the possible changes to Chapter 106 of the Code of Ordinances, the Zoning Ordinance of the City of La Porte. There is attached to this Ordinance as Exhibit "A", and incorporated by reference herein and made a part hereof for all purposes, a copy of Notice of Public Hearing. Section 2. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "B", incorporated by reference herein and made a part hereof for all purposes. Section 3. Immediately following such public hearing on December 18, 2008, the Planning and Zoning Commission of the City of La Porte met in regular session to consider possible changes to Chapter 106 of the Code of Ordinances, the Zoning Ordinance of the City of La Porte, which were the subject of such public hearing. The City Council of the City of La Porte. is in receipt of the written recommendations of the City of La Porte Planning and Zoning Commission, by letter dated December 22, 2008, a ORDINANCE NO. 1501-~ Page 2 true copy of which letter is attached hereto as Exhibit "C", incorporated by reference herein and made a part hereof for all purposes. Section 4. Subsequent to receipt of the recommendation of the City of La Porte Planning and Zoning Commission, the City Council of the City of La Porte called a public hearing on the proposed changes to the ordinance and the recommendation of the Planning and Zoning Commission on the 1i" day of January, 2009, at 6:00 p.m., and pursuant to due notice, to consider the recommendation of the Planning and Zoning Commission regarding the possible changes to the ordina'nce. There is attached to this Ordinance as Exhibit "0", incorporated by reference herein and made a part hereof for all purposes, a copy of the notice of public hearing. Section 5. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "E", and incorporated by reference herein and made a part hereof for all purposes. Section 6. The City Council of the City of La Porte hereby accepts the recommendation of the City of La Porte Planning and Zoning Commission regarding the amendments to the Zoning Ordinance by amending Section 106-521, "Table A, Industrial Uses", to read as shown on Exhibit "F", attached hereto and fully incorporated in this ordinance as if set forth herein verbatim. Section 7. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan and Thoroughfare Plan, Section 8. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the ORDINANCE NO. 1501-~ Page 3 City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 9. This Ordinance shall be in effect from and after its passage and approval. Passed and approved this the 1c2.J1.L. day of January, 2009. ~CITY OF LA PO.. RTE -0 By: . ~l~ ALTON PORTER, Mayor ATTEST: BY:~ CLU1L~ 'tiP- IV1 RrHA GILLETT, City Secret APPROVED: By: Id/f0.' 7: ~~/"/~J CLARK ASKINS, Assistant City Attorney THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARINC 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 5:00 P.M. on the 18th day of December, 2008, in the Council Chambers of the City Hall, 604 W. Fairmont Parkway, La Porte, Texas. The pllllJose of this hearing is to receive public input on a proposed amendment to Division 4, Industrial District Regulations, Subdivision I, Section 106-521, Table A, Industrial Uses, Chapter 106 of the Code of Ordinances, for permitting trucking terminals in Light Industrial (LI) and Heavy Industrial (HI) zoning districts, where directly adjacent to authorized truck routes established by the City of La Porte. 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 Conunission. 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 .lclcility has disability a('('omlllOdations available. Requests .IiII' ac(,o/l1l/1Odations or intl'lpretive services at mel'lings should be made -18 hours prior to the meeting Please contacl Cily SeC/'etm}' 's office III (281) -17/-5020 or TDD Line (281) -I71-5030/iJrjilrlher il?/imllalion. EXHfRJT ~ HE STATE O..E.IQAS/ :OUNT7'5FHARAls " :tTY OF LA PORT;~ \i. ;'1'~ ) , 820 S. 8th Street "~,",I~~~B~IC _a Porte, Texas 77571 c, \:. ]' t ~,\;cl\rdance lith the royisl(ms of Section 06~'171 of the"Code of 'rdinances of thjl City of a Porte, and ,~he provi- ons of the TliXas Local overnment CoUe, notice hereby give~' that the , Porte Planning and Dning comml',Sion will Jnduct a puqllc hearing : 5:00 P.M, on~l.the 18th ay ,of Decem ' , 2008, the Council phambers the City Hallll' 604 W. lirmont Park$y, La )fte Texas. ~'he pur- lse . of this he jng is to ceive public i . ut on a oposed ame~m~nt .'0 vision 4, Ind'lrlnal ~IS- ct Regulationsa Subd,vl- In I. Sectio'1. 106-521, ~~~ter\o~nd~;~\~e ~~~~ Before me, the undersigned authority, on this date came and Ordinances, for perm.t- d Ad Y II' d I th' d . f Th ,g trucking terminals in appeare am ane I, a u y au onze representative 0 e ~~~ l~n~U:;;~~~11!{~\\ z~~~ Bayshore Sun, a semi-weekly newspaper published and generally 1 districts, where dl- d' 'b d' h C' f L P rt H . C ty T d h :lIy adjacent to. author- Istn ute In t e Ity 0 a 0 e, arns oun , exas an w 0 'd truck rout.w estab- . '. hed by the c~ of La I after being duly sworn, swears the attached notice was published In 'rte. rJ ~The Bayshore S 11/30/08 regular meeting of the , ,nning and I' ZOning - ,mmission wi! follow I public hearin ,) for the rpose of ac upon I public hear items I d 10 conduct ter mat- ! s ,pertainingato the' Adam Y. mmlSSlon, 1fl izens wishing '~IO ad-! lSS the Coq,mission I or con during :,lhe pub- I hearing will be (required sign in before the I .eting is convened. TheB 281-471-1234 Fax 281-471-5763 Jre SUD City of La Porte County of Harris State of Texas RE: PUBLIC NOTICE CITY OF LA PORTE P&Z TRUCKING TERMINALS Sworn and subscribed before me this December ,2008, 2nd day of ~Jtmt:- Notary Public - DEBORAH SUE STOUT Harris County, Texas My Commission Exprires 03-13-2012 EXHfBIT B City of IJ() ',1 II ('I "'j December 22. 2008 Honorable Mayor Alton Porter and City Council City of La Porte Re: Zoning Ordinance Amendment -- Trucking Terminals Dear Mayor Porter and Council: The La Porte Planning and Zoning Commission. during a regular meeting on December 18. 2008. held a public hearing to consider an amendment to the Zoning Ordinance (Chapter 106 of the Code of Ordinances). by amending Sections 106-521, Table A. Industrial Uses. footnotes; related to the location of trucking terminals within the City. The Planning and Zoning Commission, by unanimolls vote. recommends that City Council consider approval of an amendment related to the trucking terminals. Respectfully Submitted. C}{().._ ~ ( \ -'. ~ ,,\ . .n~."'. I ~- Hal Lawler Chairman. Planning and Zoning Commission c: Ron Bottoms. City Manager John Joems. Assistant City Manager Clark Askins. Assistant City Attorney Planning and Zoning Commission . [.i 1\ EXH'B\l C THE STATE OF TEXAS COUNTY OF I-IARRIS 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 Potte, 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 12th day of January, 2009, in the Council Chambers of the City Hall, 604 W. Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to receive public input on a proposed amendment to Division 4, Industrial District Regulations, Subdivision L Section 106-521, Table A, Industrial Uses, Chapter 106 of the Code of Ordinances, for permitting trucking terminals in Light Industrial (LI) and Heavy Industrial (HI) zoning districts, where directly adjacent to the right-of-way of authorized truck routes established by the City of La Porte. 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 discllssions during this meeting. however. no action will be taken by Council. This f(lcili~)' has disahility acco/lllI/{}(lations available_ Reqllests fiJl' acco/ll/llodations or interpretive services at meetings shollld be made 48 hOllrs prior to the meeting. Please contact City Secretor)' '.I' office at (281) 47/-5020 ()/' TDD Line (28 /) 4 71-5030fiJrfitrther ill/iml/atioll. EXH/BfT D TheB is hereby p,iven thai I La Porte ,ClIy Council , S conduct ~flG.-.l1eari at 6:00, P.M. on Ihe 12 un ~: ~~u~'lrU~~~' r:' Ihe Cily Hall, 604 ,~, Fa mont Parkway, L~' Parr T~xas, The Pl." se , Ihls he~nng is ' receil public Input 0' a pre poSed amendm' to 0 VISion ,4, I Olstrie Regulations, bdivisiol t. Seelion . Tabl, PUBLIC NOTICE A, Induslnal ,ses Chap CITY OF LA PORTE t~r 106 of th~Cod~ of Or . dlna~ces. permilline TRUCKING TERMINA. trucking te in Ughl IMuslnal and Heavy InduSlrlal , zoning dls- trlCls. wher' directly adja. cent to t'1!' right-of-way of authorized S:' truck roules establishe~. by the City of Before me, the undersigned authority, on this date came a LaPorte./# appeared Adam Yanelli, a duly authorized representative of T ~itylre~go,,' ct~~:in?Olib~ i~~ . pu6lio armQ for the pur- Bayshore Sun, a semi-weekly newspaper published and generc pp~blse,C " a~"ng, upon the 'earlng Items and distributed in the City of La Porte Harris County Texas and '^ tOrt<:D uet other matlers , , pe aln to the Council. after being duly sworn, swears the attached notice was publishec CltiZe~'.t.- Wishing 10 ad- Th B h S d d / / dre8$, the Council pro or e ays _ re _' ,1 2 28 0 8 co~n, dU, ring the public / h,ean, will be required 10 sign before Ihe meeling Is ened. 281-471-1234 Fax 281-471-5763 820 S. 8th Street La Porte, Texas 77571 '~;:'re ::::::::: .;.:.;.; RE: City of La Porte County of Harris State of Texas g i I J f ~1.1;.I~ 1111'",,, """ "" :' 'J')"~.".':':':'~c DEBO """"""""IIIIJJ = .~,\:..)\ RAH SUE STOUT :,,' :: ,. P~(, J <.~OTARY PUBLIC E = .;, ,{.y v TATE OF TEXAS ~ - (" OF \Y Cornrn 1= = n""""I1IIItI/i' "J . . _xp, 03-13-2012 = 'd IIiJ r Ilt/,", """",,,,,,,, fj SEALED RFP M09501 _ POND TO PARK WA. TER FEATURE AND LANDSCAPING CITY OF LA PORTE NOTICE TO PROPOSERS All sealed proposals shall be submilled Including one marked onglnal and three (31 duplicatea on da' the orlg na/ forms and clearly marked with RFP number and descrip- lion: Proposals will be receIVed al the CIty 01 La ~orta PUrchasing Of- fice, 2963 N. 23rd Street, La Porte, TX 77571 until 2:00 p.m. ~ January 19. 2OQ~ Proposals will be opened , end names publicly read : III . the -Public Works u. I staIrs tmining room Imm~- I dlately after the Closing I' hour for the proposals on ' said dale. An elevator is not ,available, Please conlact Purchasing al 281-470-5126 if accom. modahons are needed. I,' NO LATE PROPOSALS ' WILL BE CONSIDERED' Forms furnished by the City of La Porte may be obtained without deposit from: City of La Porte Purchasing Division 2963 N 23rd Street La Porte, TX 77571 (281) 470-5126 ~Il.QUI_.c.Qn~J"" Sworn and subscribed before me this December ,2008. ~UwL- Notary Public - DEBORAH SUE STOUT Harris County, Texas 29th My Commission Exprires 03-13-2012 EXHIBIT E 1) That the Code of Ordinances of the City of La Porte, Texas, Chapter 106 "Zoning," Aliicle III. "Districts", Division 4. "Industrial District Regulations," Subdivision I, "Generally", Section 106-521, "Table A, Industrial Uses", Subsection "a", "Table A, industrial uses", "Motor Freight Transportation and Warehousing (421,423)", is hereby amended to read as follows: Uses (SIC Code #) HI LI HI Motor freight transportation and Warehousing (421,423) * P(J) P(J) 2) That the Code of Ordinances of the City of La POlie, Texas, Chapter 106 "Zoning," Article III. "Districts", Division 4. "Industrial District Regulations," Subdivision I, "Generally", Section 106-521, "Table A, Industrial Uses", subsection "c", "Footnotes", is hereby amended by adding Footnote "J", to be included in proper alphabetical sequence, to read as follows: "J. Trucking Terminals. Trucking tenninals shall be allowed only in Light Industrial (Ll) and Heavy Industrial (HI) zoning districts and shall be further restricted to locations directly adjacent to authorized truck routes (as same are designated in Section 70-231 of this Code) located in said Ll and HI zoning districts . Any truck terminal operating in whole or in part as a container yard or converting to a container yard shall be restricted to Heavy Industrial (HI) zone only. See Section 106-746 of this Chapter for additional requirements." EXHIBIT' F 1) That the Code of Ordinances of the City of La Porte, Texas, Chapter 106 "Zoning:' Article III. "Districts", Division 4. "Industrial District Regulations," Subdivision L "Generally", Section 106-521, "Table A, Industrial Uses", Subsection "a", "Table A, industrial uses", "Motor Freight Transportation and Warehousing (421,423)", is hereby amended to read as follows: Uses (SIC Code #) BI LI HI Motor fi'eight transportation and Warehousing (421,423) * Pill Pill 2) That the Code of Ordinances of the City of La Porte, Texas, Chapter 106 "Zoning," Article III. "Districts", Division 4. "Industrial District Regulations," Subdivision I, "Generally", Section 1 06-521, "Table A, Industrial Uses", subsection "c", "Footnotes", is hereby amended by adding Footnote "J", to be included in proper alphabetical sequence. to read as follows: ".1. Truckinf! Terminals. Truckin~ terminals shall be allowed only in Li~ht Industrial (Ll) and I-Ieavy Industrial (HI) zonin~ districts and shall be f1ll1her restricted to locations directly adiacent to the right of way of authorized truck routes (as same are designated in Section 70-231 of this Code) located in said LI and HI zoning districts. Any truck terminal operating in whole or in part as a container yard or convc11ing to a container yard shall be restricted to Heavy Industrial (HI) zone only. See Section 106-746 of this Chapter for additional requirements. " Ordinance (Amendments to Chapter 70) ORDINANCE NO. 3/ J,3 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE CHAPTER 70, "TRAFFIC AND VEHICLES", BY AMENDING SECTION 70- 179, TO RESTRICT PARKING OF TRUCKS ALONG TRUCK ROUTES, AND SECTION 70-180, TO RESTRICT PARKING OF COMMERCIAL VEHICLES ON OFF-STREET PARKING FACILITIES IN RESIDENTIAL ZONES; AND BY AMENDING SECTION 70-211 "DEFINTIONS" TO AMEND CERTAIN TERMS; BY ADDING SECTION 70- 212 TO PROVIDE FOR PENALTY AND TO ELIMINATE REQUIREMENT FOR CULPABLE MENTAL STATE IN PROSECUTION OF OFFENSES; BY AMENDING SECTION 70-231 "DESIGNTION" , BY ADDING CERTAIN STREETS TO DESIGNATED TRUCK ROUTES; BY AMENDING SECTIONS 70-232, 70-233, 70- 234, 70-235, AND 70-237, RELATED TO OPERTION OF VEHICLES ON TRUCK ROUTES, LOCATION OF LOADING BIRTHS, LOCATION OF HAZARDOUS CARGO ROUTES AND VEHICULAR PARKING OFF HAZARDOUS CARGO ROUTES; AND AMENDING APPENDIX-B "FINES"; 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 FIVE HUNDRED DOLLARS; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Chapter 70, "Traffic and Vehicles", Article V, "Stopping, Standing and Parking", Section 70-179, "Parking time limit for trailers, semitrailers, and other types of trailers", is hereby amended and shall hereafter read as follows, to-wit: "Sec. 70-179. Parking time limit for trailers, semitrailers, and other types of trailers. It shall be unlawful for any person to leave, stand or park a trailer, semitrailer, pole trailer, ranch trailer, boat, house trailer, utility trailer or truck tractor, either attached or unattached to a motor vehicle, in a moving lane of traffic for any period of time. It shall be unlawful for any person to knowingly leave, stand or park said vehicles at any location along the truck route for any period of time, except at locations authorized to accommodate truck parking. The vehicle must only enter and exit the parking location via the truck route. In addition, it shall be unlawful for any said vehicle to be parked at a location off the truck route for any period of time with the exception of the point of origin and point of destination as described under the provisions of Section 70-233, of the Chapter. Trucks bearing a Department of Transportation (DOT) placard shall not be parked on any street for a period of time in excess of one hour. A placard vehicle shall not be parked wi thin 2,000 feet of a school campus." Section 2. Chapter 70, "Traffic and Vehicles", Article V, "Stopping, Standing and Parking", Section 70-180, "Parking on pri vate property without consent", is hereby amended and shall hereafter read as follows, to-wit: "Sec. 70-180. Parking on private property without consent. It shall be unlawful for any person or any owner to abandon or leave standing on any private property, without the consent of the owner of such private property, any vehicle for any period of time. In addition, off street parking facilities accessory to residential use shall be utilized solely for the parking of licensed and operable passenger automobiles. Under no circumstances shall required parking facili ties accessory to residential structures be used for the storage of commercial motor vehicles or equipment, pole trailers, semitrailers, shipping containers, trailers, trucks, or truck tractors. Boat or recreational vehicles, are not subject to the restrictions imposed by this section." Section 3. Chapter 70, "Traffic and Vehicles", Article VI, "Truck Routes and Gross Weight Limits" , Division 1, "Generally", Section 70-211, "Definition", is hereby amended to add or amend the following terms, in proper alphabetical sequence, to-wit: Commercia 1 motor vehicle means any motor vehicle other than a motorcycle, designed or used for the transportation of property, including certain vehicles used for delivery purposes. "Heavy Truck means a truck with a gross vehicle weight more than, or equal to 33,000 lbs. The gross vehicle weight is the weight of the empty vehicle plus the maximum anticipated weight." "Truck means any motor vehicle designed, used or maintained primarily for transportation of commodities." "Truck terminal means a commercial facility operated principally for the loading, unloading, storage, handling, maintenance or repair of trucks, truck tractors, trailers, semitrailers, pole trailers, ranch trailers, shipping containers or similar commercial motor vehicles capable of transporting freight." "Truck traffic means the operation of any truck tractor, or any combination of a truck tractor, trailer, semi trailer, pole trailer, shipping container or a commercial motor vehicle, but not including light trucks, boats, house trailers, ranch trailers and utility trailers." Section 4. Chapter 70, "Traffic and Vehicles", Article VI, "Truck Routes and Gross Weight Limits", Division 1, "Generally", is hereby amended by adding new Section 70-212 to read as follows, to-wit: "Sec. 70-212. Penalty for violation of article; culpable mental state not required in prosecution. Except as otherwise provided in the Article, the driver, owner, operator or other person operating or driving any commercial motor vehicle, truck, tractor, trailer or semi trailer, or combination of such vehicles, over, on or upon city streets or public highways within the limits of the city who fails to comply with the provisions of this Article shall be guilty of a misdemeanor and, upon conviction, shall be fined in any sum in an amount established by the city and listed in appendix B of this Code. Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined in this Article." Section 5. Chapter 70, "Traffic and Vehicles", Article VI, "Truck Routes and Gross Weight Limits" , Division 1, "Generally", "Sees. 70-212--70-230. Reserved" is hereby amended to read as follows, to-wit: "Sees. 70-213--70-230. Reserved." Section 6. Chapter 70, "Traffic and Vehicles", Article VI, "Truck Routes and Gross Weight Limits", Division 2, "Truck Routes", Section 70-231, "Designation", is hereby amended and shall hereafter read as follows, to-wit: "Sec. 70-231. Designation. For the purposes of this division, those streets and thoroughfares within the corporate limits of the city which are enumerated as follows are hereby designated as truck routes: TABLE INSET: Route Extent State Highway Entire extent within corporate limits 225 New State Highway Entire extent within corporate limits 146 Barbours Cut New State Highway 146 east to corporate Boulevard limits Barbours Cut Boulevard south to Fairmont 16th Street Parkway Fairmont Parkway New State Highway 146 to west corporate limi ts West Main Street New State Highway 146 to west corporate limits North 23rd North Avenue C to West Main Street Street Underwood Road Entire extent within corporate limits Powell Road (S. Fairmont Parkway south to 1700 block of 16th Street) Powell Road Export Drive From South 16th Street To State Highway 146 From south of Export Drive to Wharton South 16th Street Weems Blvd. and McCabe Road connecting with State Highway 146. North Broadway From north of Barbour's Cut Blvd. To North 'L' Street. North 'L' Street From west of North Broadway To North 6th Street North ' J' Street From North 6th Street To west connecting with State Highway 146. North E Street From North 16th Street to eastern ROW of U.P.R.R. Section 7. Chapter 70, "Traffic and Vehicles", Article VI, "Truck Routes and Gross Weight Limits", Division 2, "Truck Routes", Section 70-232, "Use required generally", is hereby amended and shall hereafter read as follows, to-wit: "Sec. 70-232. Use required generally. No person shall operate a truck, truck tractor, or container upon any roads, avenues, semitrailer streets or thoroughfares within the corporate limits of the city except on those which are designated as truck routes in section 70- 231, and subject to the gross weight limits established by division 3 of this article. Neither shall any person operate a heavy truck traveling through the city, with no origin or destination within the city, except on limited access state highways, i.e. State Highway 225 and State Highway 146.u Section 8. Chapter 70, "Traffic and Vehicles", Article VI, "Truck Routes and Gross Weight Limi t.'3" , Division 2, "Truck Routes", Section 70-233, "Exception to section 70-232; point of origin", is hereby amended and shall hereafter read as follows, to-wit: "Sec. 70-233. Exception to section 70-232; point of origin. (a) The provisions of section 70-232 notwithstanding, in those instances where any truck traffic, originating within the corporate limits of the city, shall have as its point of origin a point located off a designated truck route, it shall proceed to the nearest point on a designated truck route by the most direct route possible. If such truck traffic shall originate outside the corporate limits of the city and enter the city at a point which is not on a designated truck route, it shall proceed to the nearest point on a designated truck route by the most direct route possible. (b) In those cases where truck traffic originates off a designated truck route, whether inside or outside the corporate limits of the city, and the destination of the truck traffic is nearer the origin or point of entering the corporate limits of the city than is the nearest point on a designated truck route by the most direct route possible, it shall not be necessary to proceed to the nearest designated truck route. (c) In those instances where the truck traffic has neither its point of origin nor destination within the corporate limits of the City of La Porte, its extraterritorial j ur isdiction, or the corporate 1 imi ts of any city adj acent to La Porte, then such truck traffic shall only be allowed on a limited-access State Highway, i. e. State Highway 225 and State Highway 146.u Section 9. Chapter 70, "Traffic and Vehicles", Article VI, "Truck Routes and Gross Weight Limits" , Division 2, "Truck Routes", Section 70-234, "Loading, unloading and repair of trucks", is hereby amended and shall hereafter read as follows, to-wit: "Sec. 70-234. Loading, unloading and repair of trucks. Truck traffic restricted to the streets designated as truck routes may depart such truck routes when it is necessary to load, unload or seek repairs at a legitimate repair facility, at a location situated off designated truck routes; provided, however, that such truck traffic shall not leave any designated truck route until such truck traffic has reached a point on some designated truck route which is nearest the applicable place of loading, unloading or servicing by the most direct route possible. All required loading berths and facilities for truck repair shall be off-street and located on the same lots as the building or use to be served. After lea ving a designated truck route to load or unload, truck traffic may continue off truck routes to as many points of destination as necessary. If, in the course of making the necessary stops for loading and unloading, the truck traffic shall cross a designated truck route, then, in that event, such truck shall not again leave any designated truck routes until it has reached a point on some designated truck route which is nearest to the next place of loading and unloading by the most direct route possible." Section 10. Chapter 70, "Traffic and Vehicles", Article VI, "Truck Routes and Gross Weight Limits", Division 2, "Truck Routes", Section 70-235, "Hazardous cargo routes; designation", is hereby amended and shall hereafter read as follows, to-wit: "Sec. 70-235. Hazardous cargo routes; designation. (a) For the purpose of this division, those streets and thoroughfares within the corporate limits of the city which are enumerated as follows are hereby designated as hazardous cargo routes: TABLE INSET: Route Extent State Highway 225 Entire extent within corporate limits New State Highway Entire within 146 extent corporate limits (b) Vehicles transporting hazardous materials shall not leave and/or park off the hazardous cargo route except to pic k up or deliver. Said vehicles may not park at any location alongside, or adj acent to the truck route for any per iod of time except to pick up or deliver. The vehicle shall not leave the hazardous cargo route until such vehicle has reached a point which is nearest the applicable place of loading or unloading and shall return to the hazardous cargo route by the most direct route." Section 11. Chapter 70, "Traffic and Vehicles", Article VI, "Truck Routes and Gross Weight Limits", Division 2, "Truck Routes", Section 70-237, "Location of Truck terminals", is hereby amended and shall hereafter read as follows, to-wit: "Sec. 70-237. Location of truck terminals. Truck terminals, as defined in section 70-211, shall only be located in areas directly abutting the right-of-way of the truck routes specifically designated in section 70-231. (Code 1970, ~ 25-84; Ord. No. 97-2172, ~ 1, 4-14-97) Cross reference, Section 106-746" Section 12. Chapter 70 "Traffic and Vehicles", Article VI. "Truck Routes and Gross Weight Limits" of Appendix-B "Fines" of the Code of Ordinances of the City of La Porte, Texas is hereby amended by adding, Division 1 "Generally", "Fine for violation of article", which as amended shall read as follows: "Article VI. Truck Routes and Gross Weight Limits Division 1. "Generally" Fine for violation of article $500 70-212 Section 13. All ordinances or parts of ordinances ln conflict herewith are hereby repealed to the extent of such conflict only. Section 14. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. Section 15. 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 16. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice to the passage of the ordinance by causing the caption to be published in the official newspaper of the City of La Porte at least twice wi thin ten (10) days after the passage of the ordinance. PASSED AND APPROVED, this~U4lday Of~, 2009. ATTEST: ~A~~~ City Secretary APP~' { // ~ I~~;t~ Clark . Askins Assistant City Attorney By: CITY OF LA PORf\:? ~~h ~~_ Alton E. Porter Mayor / Proposed Amendments to Chapter 70 (Traffic and Vehicle Ordinance) ARTICLE V. STOPPING. STANDING AND PARKING* *State law references: See Vernon's Ann. Civ. St. art. 6701d. S 27(a)(I), for authority of city to regulate standing and parking of vehicles. Sec. 70-176. Designation and marking of parking stalls ancl areas where parking is prohibited or limited. (a) The director of public works shall cause parking stalls to be maintained and marked off in and on such streets and parts of such streets as he may designate from time to time. and he shall likewise cause spaces in which parking is prohibited to be maintained and marked off in and on such streets and parts of such streets. The director of public works shall cause time limit parking areas to be maintained and marked off in and on such parts of streets as he may designate from time to time. All such spaces or areas shall be clearly indicated by appropriate signs or by markings on the pavement or curb. (b) In areas designated as time limit parking areas. parking may be limited to any period prescribed by the chief of police, the time limits to be designated with clearly distinguished markings or signs at both ends of the time limit area and at reasonable intervals between the beginning and ending of such time limit area, indicating the time allowed for parking in such area. (c) Any prohibition of or time limit on parking established under this section shall apply on such days and between such hours as prescribed by the signs. (Code 1970. S 25-61) Sec. 70-177. Parking in prohibited areas; overtime parking. It shall be unlawful for any person to cause, allow, permit or sufTer any vehicle registered in his name or owned or operated by him or in his possession or under his control to be or remain in any space or area in which parking is prohibited as provided in section 70-176, or in a time limit parking area for a longer period of time than that designated by the markings on the street or by signs clearly visible. (Code 1970, S 25-62) Sec. 70-178. Parking for more than 24 hours. It shall be unlawful for any person or any owner to knowingly leave standing in any public street. alley or other public place in the city any vehicle for a longer continuous period of time than 24 hours. (Code 1970, S 25-63) Sec. 70-179. Parking time limit for trailers. semitrailers and other types of trailers. It shall be unlawful for any person to knowingly leave. stand or park a trailer. semitrailer. pole trailer. ranch trailer, boat, house trailer, utility trailer or truck tractor, either attached or unattached to a motor vehicle, in a moving lane of traffic for any period of time. It shall be unlawful for any person to knowingly leave. stand or park said vehicle at any location along the truck route for any period of time. except at locations authorized to accommodate truck parking, The vehicle must only enter and exit the parking location via the truck route. In addition. it shall be unlawful for any said vehicle to be parked at a location otIthe truck route for any period of time with the exception of the point of origin and point of destination as described under the provisions of Section 70-233~ public street, alley, unimproved right of way, or other public place in the City for a j3efi-ed of time in excess of four hours, or during any nighttime hour~;. Trucks bearing a department of transportation (DOT) placard shall not be parked on any street for a period oftimc in excess of one hour. A placard vehicle shall not bc parked within 2,000 feet of a school campus. (Code 1970, ~ 25-64; Ord. No. 1792, ~ I (25--64), 10-28-91; Ord. No. 97 -2172, ~ I, 4-14- 97; Ord. No. 97-2172-A, ~ 2, 5-10-04) Sec. 70-180. Parking on private property without consent. It shall be unlawful for any person or any owner to knowingly abandon or leave standing on any private property, without the consent of the owner of such private property, any vehicle for any period of time. In addition, off-street parking facilities accessory to residential use shall be utilized solely for the parking of licensed and operable passenger automobiles. Under no circumstances shall required parking facilities accessory to residential structures be used for the storage of commercial motor vehicles or equipment. pole trailers. semitrailers, shipping containers. trailers, trucks, or truck tractors. Boats or recreational vehicles, and light trucks are not subiect to the restrictions imposed by this section. (Code 1970, ~ 25-65) See. 70-181. Parking manufactured homes on streets or in public parks. It shall be unlawful for any person to knowingly park, place or locate any recreational vehicle or manufactured home upon any public street, public park, alley, unimproved right-of-way, or other public place within the city limits for a period of more than four hours. Such recreational vehicles or manufactured homes shall be parked parallel to the right side curb, completely clear of driving lanes or areas of such street or park. and facing the direction which traffic shall be designated to travel on such side of such street or in such driving area. (Code 1970, ~ 14-3; Ord. No. 97-2 I 72-A, ~ 3,5-10-04) Cross references: Mobile homes and mobile home parks. ch. 98. Sec. 70-182. Presumed operator of parked vehicles. In a prosecution for an offense prohibited under V.T.C.A. Transportation Code Ch. 545, subeh. G, and relating to the stopping, standing and parking of unattended motor vehicles, it is presumed that the registered owner of the vehicle is the person who stopped. stood, or parked the vehicle at the time and place the offense OCCUlTed. (Ord. No. 2006-2949, ~ L 12-11-06) State law referenccs: Authority of city to create presumption as to operator of parked car established by state law, V.T.c.A., Transportation Code ~ 545.308. Secs. 70-183--70-210. Reserved. ARTICLE VI. TRUCK ROUTES AND GROSS WEIGHT LIMITS* *Cross rcfcl'cnccs: Streets, sidewalks and other public places, ch. 62. DIVISION J. GENERALLY Sec. 70-21 J. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Boat means a watercraft not more than 25 feet in length, measured from end to end, over the deck, excluding shear, and manufactured or used primarily for noncommercial use. For purposes of this m1icle only, the term "boat" shall also include the trailer designed and used for the transportation of the boat over the public streets and highways. Commercial motor vehicle means any motor vehicle other than a motorcycle, designed or used for the transportation of property, including certain eveFY-vehicles used for delivery purposes. Daytime means one-half hour before sunrise to one-half hour after sunset. Gross weight means the weight of a vehicle without load, plus the weight of any load thereon. Hazardous l11ate,.;al means any material that requires a federal department of transportation placard to be transported pursuant to 49 CFR 177.823, as adopted in state law. Heavy truck: means a truck with a gross vehicle weight is more than, or equal to 33.000 Ibs. The gross vehicle weight is the weight of the empty vehicle plus the maximum anticipated weight. House trailer means a recreational vehicle, trailer or semitrailer, which is designed, constructed and equipped as a temporary dwelling place, living abode or sleeping place. and is equipped for use as a conveyance on streets and highways. Legitimate repairfacility means a commercial facility operated principally for the repair of motor vehicles. Light truck means any truck with a limited manufacturer's rated carrying capacity. This definition is intended to include those trucks commonly known as one-ton trucks, pickup trucks, panel delivery trucks and carryall trucks. Nighllime means any time period other than daytime. Pole trailer means every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads sllch as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections. Ranch trailer means a vehicle, with or without motive power, other than a pole trailer, designed for carrying livestock, ranch implements or other moveable personal property attendant to the business and recreational use of the raising of livestock or crops. Semitrailer means every vehicle, with or without motive power, other than a pole trailer or ranch trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle. Shipping containers means sealable shipping containers, designed for intermodal transportation, either with or without a permanent affixed chassis, used in interstate and international commerce for the shipment of goods and merchandise. Shipping containers storage yards means a facility for the storage, handling and repair of shipping containers. Trailer mean every vehicle, with or without motive power, other than a pole trailer or ranch trailer, designed for carrying persons or propel1y and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. Truck means any motor vehicle designed, used or maintained primarily for transportation of commodities property. Thick routes means those routes which are designated by this m1icle for the use of truck traffic. Truck tenninal means a commercial facility operated principally for the loading, unloading, storage, handling, maintenance or repair of trucks, truck tractors, trailers, semitrailers, pole trailers, ranch trailers, shipping containers or similar commercial motor vehicles capable of transDOl1ing freight. Truck tractor means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. Truck trqlflc means the operation of any combination of a truck tractor, trailer, semitrailer, pole trailer, shipping container or a commercial motor vehicle, but not including light trucks, boats, house trailers, ranch trailers and utility trailers. Utility trailer means a trailer without motive power, less than 25 feet in length. (Code 1970, ~ 25-80; Ord. No. 1792, ~ 1(25-80), 10-28-91) Cross I'cfcrcnccs: Definitions generally, S 1-2. Sees. 70-212--70-230. Reserved. DIVISION 2. TRUCK ROUTES Sec. 70-231. Designation. For the pUl110ses of this division, those streets and thoroughfares within the corporate limits of the city which are enumerated as follows are hereby designated as truck routes: TABLE INSET: Route Extent State Highway 225 Entire extent within corporate limits New State Highway Entire extent within corporate limits 146 Barbours Cut New State Highway 146 east to corporate limits Boulevard 16th Street Barbours Cut Boulevard south to Fairmont Parkway Fairmont Parkway New State Highway 146 to west corporate limits West Main Street New State Highway 146 to west corporate limits North 23rd Street North A venue C to West Main Street Underwood Road Entire extent within corporate limits Powell Road (S. 16th Fairmont Parkway south to 1700 block of Powell Road Street) Export Drive From South 16th Street To State Highway 146 South 16th Street From south of Export Drive to Wharton Weems Blvd. and McCabe Road connecting with State Highway 146. N0l1h Broadway From north of Barbour's Cut Blvd. '1'0 North 'L' Street. N0l1h "L' Street From west of North Broadway To North 6th Street North "J' Street From North 61h Street To west connecting with State Highway 146. North E Street From North 16th Street to eastern ROW ofU.P.R.R. (Code 1970, S 25-81; Ord. No. 1792, S 1 (25-81), 10-28-91; Ord. No. 97-2172, * L 4-14-97) Sec. 70-232. Use required generally. No person shall operate a truck, truck tractor. semi trailer or container upon any roads, avenues, streets or thoroughfares within the corporate limits of the city except on those which are designated as truck routes in section 70-231, and subject to the gross weight limits established by division 3 of this article. Neither shall any person operate a heavy truck travelling through the city, with no origin or destination within the city, except on limited access state highways, i.e. State Highway 225 and State Highway 146. (Code 1970, S 25-82) Sec. 70-233. Exception to section 70-232; point of origin. (a) The provisions of section 70-232 notwithstanding, in those instances where any truck traffic, originating within the corporate limits of the city, shall have as its point of origin a point located off a designated truck route, it shall proceed to the nearest point on a designated truck route by the most direct route possible. If such truck traffic shall originate outside the corporate limits of the city and enter the city at a point which is not on a designated truck route, it shall proceed to the nearest point on a designated truck route by the most direct route possible. (b) In those cases where truck traffic originates off a designated truck route, whether inside or outside the corporate limits of the city, and the destination of the truck traffic is nearer the origin or point of entering the corporate limits of the city than is the nearest point on a designated truck route by the most direct route possible, it shall not be necessary to proceed to the nearest designated truck route. (c) In those instances where the truck traffic has neither its point of origin nor destination within the cOl1)orate limits of the City of La Porte. its extraterritorial jurisdiction, or the corporate limits of any city adiacent to La Porte; then such truck traffic shall only be allowed on a limited-access State Highway, i.e. State Highway 225 and State Highway 146. (Code 1970, S 25-83) Sec. 70-234. Loading, unloading and repair of trucks. Truck traffic restricted to the streets designated as truck routes may depart from such truck routes where it is necessary to load, unload or seek repairs at a legitimate repair facility, at a location situated off designated truck routes; provided, however, that such truck traffic shall not leave any designated truck route until such truck traffic has reached a point on some designated truck route which is nearest the applicable place of loading, unloading or servicing by the most direct route possible. All required loading belihs and facilities for truck repair shall be off.street and located on the same lots as the building or use to be served. After leaving a designated truck route to load or unload, truck traffic may continue off truck routes to as many points of destination as necessary. If: in the course of making the necessary stops for loading and unloading, the truck traffic shall cross a designated truck route, then, in that event, such truck shall not again leave any designated truck routes until it has reached a point on some designated truck route which is nearest to the next place of loading and unloading by the most direct route possible. (Code 1970, S 25-85; Ord. No. 1792, S 1(25-85), 10-28-91; Ord. No. 97-2172, S 1,4-14- 97) Sec. 70-235. Hazardous cargo routes; designation. (a) For the purpose of this division, those streets and thoroughfares within the corporate limits of the city which are enumerated as follows are hereby designated as hazardous cargo routes: TABLE INSET: Route Extent State Highway 225 Entire extent within corporate limits New State Highway 146 Entire extent within corporate limits Fairmont Parkway New State lIighway H6 to ',vest corporate limits (b) Vehicles transporting hazardous materials shall not leave and/or park depart from the hazardous cargo route except to pick up or deliver from the designated pick up or delivery site. Said vehicles may not park at any location alongside, or adiacent to the truck route for any period of time except to pick up or deliver from the designated pick up or delivery site. All required loadinl!: berths shall be off-street and located on the same lots as the building or use to be served. The vehicle shall not leave the hazardous cargo route until such vehicle has reached a point which is nearest the applicable place of loading or unloading and shall return to the hazardous cargo route by the most direct and/or the sh0l1est route. (Ord. No. 1792, ~ 1(25-84.1), 10-28-91; Ord. No. 97 ..2172, ~ 1, 4..14..97) Sec. 70-236. Alternate routes. Whenever any street or roadway designated as a truck route is under repair, or otherwise temporarily out of use, the chief of police shall be authorized to designate alternate truck routes. (Code 1970, ~ 25-88) Sec. 70-237. Location of truck terminals. Truck terminals, as detinedin section 70-211, shall only be located in areas directly adjacent abutting the right-of-way of the truck routes specifically designated in section 70..231. (Code 1970, ~ 25-84; Ord. No. 97-2172, 9 L 4-14-97) Cross refel'cncc, Section 106-746 Sec. 70-238. Lane use restrictions for trucks on portions of State Highway 225. (a) That the findings contained in the preamble of Ordinance No. 2003-2618 are determined to be true and correct. As evidence thereoL documents establishing the approval described in the preamble of Ordinance No. 2003..2618 have been incorporated into this section and made a part hereof as exhibit A. (b) That, as used in this section, the following terms shall have the meanings ascribed in this section: Authorized lanes means the two controlled access lanes on each side of the State Highway 225 (eastbound side and westbound side) that are most immediately to the right of the left-hand (or inner) controlled access lane. Designated portion o.lState Higl1l1'ay 225 means that portion of State Highway 225 between the point at which the corporate limits of the Cities of Deer Park and La Porte abut on the west and the intersection of Sens Road overpass on the East. Peak trq/fic hours means the hours between 6:00 a.m. and 8:00 p.m. Truck means a "truck" as defined in Section 541.20 I of the Texas Transportation Code that has three or more axles or a "truck tractor" as defined in Section 541.201 of the Texas Transportation Code, regardless of whether the truck tractor is drawing another vehicle or trailer. Workday means Monday through Friday, holidays observed by the closure of City of La Porte oftices excepted. (c) Any person driving or operating a truck on the designated portion of State Highway 225 during peak traffic hours on any workday shall not utilize any controlled access lane other than the authorized lanes. (d) That enforcement of this section is subject to Section 545.0651 of the Texas Transportation Code, and the prohibition established in subsection (c) of this section shall not be effective during any period of suspension or revision of approval by the Executive Director of the Texas Department of Transportation or the director's designee as provided in subsection (t) of Section 545.0651 or during any period when traffic control devices that are required to be erected and maintained by the Texas Department of Transportation pursuant to Section 545.0651 are not in place, nor shall the provisions of this section be construed to prohibit operation of a truck in a lane other than an authorized lane for the purpose of passing another vehicle or for the purpose of entering and exiting the highway. The provisions established under subsection (d) shall constitute defenses to prosecution under this section. (e) Any person, as provided in Subchapter D of Chapter 542 of the Texas Transportation Code, who shall violate any provision of this section, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a line not to exceed $200.00. (Orcl. No. 2203-2618, SS 1--5, 3-24-03) Secs. 70-239--70-255. Reserved. DIVISION 3. WEIGHT LIMITS Sec. 70-256. Enumeration. Except as otherwise provided by law, no commercial motor vehicle, truck-trailer, trailer or semitrailer, nor combination of such vehicles, shall be operated over, on or upon the public streets and highways within the corporate limits, having a weight in excess of one or more of the following limitations: (l) No such vehicle nor combination of vehicles shall have a greater weight than 20,000 pounds carried on anyone axle, including all enforcement tolerances; or a tandem axle weight in excess of 34,000 pounds, including all enforcement tolerances; or an overall gross weight on a group of two or more consecutive axles in excess of that produced by application of the following formula: TABLE INSET: I w ~ 500 I ( I N11f I ) I + 12N 736 where W equals overall gross weight 011 any group of two or more consecutive axles to the nearest 500 pounds, L equals distance in feet between the extreme of any group of two or more consecutive axles, and N equals number of axles in group under consideration, except that two consecutive sets of tandem axles may carry a gross load of 34,000 pounds each, providing the overall distance between the first and last axles of such consecutive sets of tandem ax les is 36 feet or more; provided, however, that such overall gross weight may not exceed 80,000 pounds, including all enlorcement tolerances. (2) No such vehicles nor combination of vehicles shall have a greater weight than 600 pounds per inch width of tire upon any wheel concentrated upon the surface of the highway and using high-pressure tires, and a greater weight than 650 pounds per inch width of tire upon any wheel concentrated upon the surface of the highway and using low-pressure tires, and no wheel shall carry a load in excess of 8,000 pounds on high- pressure tires and 10,000 pounds on low-pressure tires, nor any axle a load in excess of 16,000 pounds on high-pressure tires, and 20,000 pounds on low-pressure tires. (3) Nothing in this section shall be construed as permitting size or weight limits on the national system of interstate and defense highways within the corporate limits of the city in excess of those permitted under 23 use 127. If the federal govemment prescribes or adopts vehicle size or weight limits greater than those prescribed by 23 use 127 for the national system of interstate and defense highways, the increased limits shall become effective on the national system of interstate and defense highways within the corporate limits of the city. (4) In this section, an axle load is defined as the total load transmitted to the road by all wheels whose centers may be included between two parallel transverse vertical planes 40 inches apart, extending across the full width of the vehicle. Tandem axle group is defined as two or more axles spaced 40 or more inches apart fi'om center to center, having at least one common point of weight suspension. (5) Any police officer, having reason to believe that the gross weight or axle load of a loaded motor vehicle is unlawful, is authorized to weigh the vehicle by means of portable or stationary scales approved by the police department of the city for such use, or the police of Ticer may cause the loaded motor vehicle to be weighed by any public weigher and may require such vehicle to be driven to the nearest available scales for the purpose of weighing. If the gross weight of a vehicle weighed pursuant to this subsection, is found to exceed the maximum gross weight authorized by law, plus a tolerance allowance of five percent of the gross weight authorized by law, sucb police officer shall demand and require the operator or owner of the motor vehicle to unload, or cause to be unloaded, such portion of the load as is necessary to decrease the gross weight of such vehicle to the maximum permitted by law, plus sucb tolerance allowance. Such vehicle may not be operated fUl1her over the public streets and highways within the city until the gross weight of the vehicle has been reduced to a weight not in excess of the maximum authorized by law plus such tolerance allowance, except as authorized under tbis subsection. If the axle load of a vehicle weighed pursuant to this subsection, is found to exceed the maximum authorized by law, plus a tolerance allowance offive percent of the axle load authorized by law, such police officer shall demand and require the operator or owner of tbe motor vehicle to decrease the axle load to the maximum authorized by law plus such tolerance allowance. The owner or operator may reduce such load by rearranging the cargo, if possible, or by unloading or having others to unload sucb portion of the cargo as is necessary to decrease the axle load to the maximum authorized by law, plus such tolerance allowance. Such vehicle may not be operated further over the public streets and highways within the city so long as any axle load exceeds the maximum authorized by law plus such tolerance allowance except as authorized under this subsection. If the load of a motor vehicle consists of livestock, the operator shall be permitted to proceed to the destination without unloading providing the destination is within the state. If the gross weight of a motor vehicle or an axle load exceeds the maximum permitted by law, plus a tolerance of five percent of the gross weight authorized by law, but the police officer believes that the cargo cannot be unloaded or rearranged safely at the place where such vehicle was weighed, or the police officer believes that the unloading or rearranging of the cargo at such place would create an unreasonable disruption of traffic, he shall require the operator to proceed to a location where the cargo can be unloaded or rearranged safely without causing disruption to traffic. Such location shall be the nearest such place on city property, or propelty under the control of the driver or his principal, or on property where consent has been given for such loading and where it is feasible to unload or rearrange such cargo. (Code 1970, S 25-86(a)) Sec. 70-257. Operation of overweight vehicles; special permit required. Any person desiring to operate a vehicle on city streets in excess of the load limit set out in section 70-256 shall first obtain a special permit from the city inspection department. Such permit shall not be issued unless reasonably necessary. (Code 1970, S 25-86(b)) Sec. 70-258. Application of division to road rollers or other road machinery; permit required. The limitation as to weight prescribed by section 70-256 shall not apply to road rollers or other road making or roacl repairing machinery being moved or used on a street by the United States, the state, the city or any contractor moving or using such road machinery in the performance of or preparatory to the performance of a contract with either the United States, the state or the city, but in event of any such roadmaking or roacl repairing machinery of a weight in excess of the limit set out in section 70-256 being moved over the streets or bridges in the city, the person charged thereof shall first obtain from the inspection department a permit for such movement, which permit shall designate the route or streets ancl also the bridges over which such movement shall take place, and such machinery may then be moved. but not elsewhere than over such designated routes. (Code 1970, S 25-86( c)) Sec. 70-259. Liability for damages clone to streets, bridges or culverts. Any person moving or causing to be moved a load which, together with the weight of the vehicle, exceeds the limit as set out in section 70-256, shall be liable to the city for any damage done by any such excessively loaded vehicle to the streets, bridges or culverts in the city and the acceptance of either oCthe permits provided for in this division shall be conclusive evidence that the person to whom such permit is issued agrees to make good and pay all such damages upon demand thereof made by the city. (Code 1970, S 25-86(d)) Sec. 70-260. Compliance by operator with state law provisions. The driver, owncr, operator or other person operating or driving any commercial motor vehicle, truck, tractor. trailer or semitrailer, or combination of such vehicles over, on or upon city streets or public highways within the limits ofthe city shall comply with the provisions of V TeA.. Transportation Code S~ 502.15!, 502.178, 621.002, 621.10!, 621.501. and 621.951. (Code 1970, ~ 25-86( e)) Sec. 70-261. Signs and markings. (a) When signs are erected giving notice thereof: no person shall operate any vehicle with a gross weight in excess of the amounts specified on such signs, at any time, upon any of the streets or parts of streets so signed. Under this section, as vehicle weight is indicated by the number of axles supporting such vehicles, signs limiting the number of axles on vehicles shall be official. (b) When signs are erected stating "No Through Trucks," "No Trucks" or designate no trucks by international signage, no person shall operate any commercial vehicle exceeding three tons gross weight at any time upon any of the streets or parts of streets so signed, except that such vehicles may be operated thereon for the purpose of delivering or picking up materials or merchandise, and then only by entering such street at the intersection nearest the designation of the vehicle and proceeding no farther than the nearest intersection thereafter. (Code 1970, S 25-87; Ord. No. 1792, ~ 1 (25-87). 10-28-9 LOrd. No. 97-2172. ~ 1. 4- I 4- 97) Sec. 70-262. Limitation on length of vehicles. No motor vehicle shall exceed the limits set forth in V.T.c.A., Transportation Code ~S 621.203--621.206. (Code 1970, S 25-89; Ord. No. 1792, S 1 (25-89). 10-28-91; Ord. No. 97-2172, S 1,4-14- 97) Sec. 70-263. Penalty for violation of division. The driver. owner, operator or other person operating or driving any commercial motor vehicle, truck, tractor, trailer or semitrailer, or combination of such vehicles, over. on or upon city streets or public highways within the limits of the city who fails to comply with the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be tined in any sum in an amount established by the city and listed in appendix B of this Code. (Code I 970, ~ 25-86(t)) Sees. 70-264--70-280. Reserved. > ;;; ii C .. '" 1: " U .. i:.Ll .. is .. .. .. 4; E '" ~ i5 ! 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CD .. 1\ ..J II 15 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 12. 2009 Bud~et Requested By: John Joerns Source of Funds: Department: Administration Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Exhibits: Ordinance 2008-3064-A Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION The City went into an Agreement with Bay Area Houston Convention and Visitors Bureau (BAHCVB) in March 2006. Per Section IV their bylaws, City Council is to appoint three members to represent the City of La Porte. One of the three shall be a hospitality industry professional. Each subsequent Director shall serve a three (3) year terms, which will expire February 11, 2011 or until their successors shall have been duly appointed and qualified. As a result in the vacancy of City Representative 2, we request that Debbie Westbeld be officially appointed as a Director to the BAHCVB Board of Directors. Action Reauired bv Council: e Ordinance 2008-3064-A, appointing Debbie Westbeld to the Board of Directors of the Bay Area Houston ion and Visitors Bureau. /J.- /r~ ~~ Date I ORDINANCE NO. 2008-3064-A AN ORDINANCE APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE BAY AREA HOUSTON CONVENTION AND VISITORS BUREAU; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS ; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby makes the following appointments to the Board of Directors of the Bay Area Houston Convention and Visitors Bureau, for three year terms, beginning on the date of passage of this ordinance, an expiring on the third anniversary of the passage of this ordinance, or until their successors shall have been duly appointed and qualified: City Representative 1 Debra Dye City Representative 2 Debbie Westbeld Hospitality Industry Professional Joe Bertuglia Section 2. If any section, sentence, phrase, clause or any part of any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reasons, be held invalid, such invalidity shall not affect the remaining portions of this ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 3. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of such conflict only. Section 4. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratified, approves and confirms such written notice and the contents and posting thereof. Section 5. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 12th day of January 2009. 0~Y OF ~A~TE BY:~. ~ Alton E. Porter Mayor ATTEST: ~~~ City Secretary AP~ T~ Chlrk T. Askins ' Assistant City Attorney 16 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: Januarv 12, 2009 ((J1 (1:>~ Re1luested By: John JoernsUr-"~ ~7 Department: Administration ptJ Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Report: -X-Resolution: _Ordinance: _ Amount Requested: N/A Exllibits: 1. Special Wal'l'anty Deed 2. Area Map 3. Letters to/from Sulzer on Property Issues Budgeted Item: _YES -X-NO SUMMARY & RECOMMENDATION Advertised, Sealed Bid #S08004 for the sale of "Tract 1" (2.9651 acs.) and "Tract 2 - Emergency Evacuation Tract" (0.4594 acs.) out of Out/ots 327, 334 and 347 of La Porte, was opened and read on Monday, January 28, 2008. Together, both tracts were appraised at $65,000. Offers to respond were sent to adjacent residents and property owners as well as area developers and real estate agents. Sulzer-Hickham, Inc. was high bidder of Tracts 1 & 2 at $85,000. However, in order to address specific issues and questions relating to the properties and to prevent expiration of Sulzer's bid, staff obtained letters from the company effectively extending their bid through January 31, 2009. Additionally, the company will secure 'Tract 3 - Emergency Evacuation Easement" (0.0686 acs.) from the City which was not included in the $08004 bid document. Tract 3 will provide contiguity between Tracts 1 & 2. Based on the original appraised value of $0.45 per square foot for Tracts 1 & 2, Sulzer will pay $1,345.50 for the subject easement which contains a total of 2,990 square feet. The sale and conveyance of Tracts 2 & 3 to Sulzer-Hickham are subject to the following conditions: · The use of both tracts shall be restricted solely to the purpose of emergency evacuation from Sulzer-Hickham's facility at 11518 Old La Porte Road and Tract 1 · All construction costs within Tracts 2 and 3 will be the sole responsibility of $ulzer-Hickham · The conveyance of Tract 3 - "Emergency Evacuation Easement" is subject to an existing Harris County Flood Control District easement & all construction within Tract 3 will require prior written approval from the City of La Porte which we will coordinate with Harris County Flood Control District. · The use of Tract 2 will require approval of a "Special Exception" from the Zoning Board of Adjustment due to its narrow width of 23' Ron Bottoms, City Manager I la/tI1 I 'Date SPECIAL W ARRANl'Y DEED NOTICE Of CONfIDENTIALITY RIGHTS: IF YOU ARE A NATUR~L PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOv-lING INFORMATION fROM THIS INSTRU~lENT BEFORE IT IS fILED fOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUfVlBER OR YOUR DRIVER'S LICENSE NUMBER. Date: January 12, 2009 Grantor: CITY OF LA PORTE a municipal corporation Mailing Address: 604 West Fairmont Parkway La Porte, TX 77571 Grantee: SULZER HICKH~l INC. A DELAWARE corporation Mailing Address: 11518 Old La Porte Road La Porte, TX 77571 Consideration: Ten and No/100 Dollars ($10.00) cash and other good and valuable considerations Property (including any improvements) : TRACT 1: Being a tract of land containing 2.9651 acres (129,161 square feet) out of the Outlots 327, 334 and 347 of the Town of La Porte, a subdivision recorded in Volume 61, Page 374 of the Deed Records of Harris County, Texas, and being out of the Enoch Brinson League Survey, A-5 in Harris County, Texas. Said 2.9651 acre tract being more particularly described by metes and bounds on Exhibit "A" attached hereto, incorporated by reference herein and made a part hereof for all purposes. TRACT 2 -- Emergency Evacuation Tract: Being an emergency evacuation tract, containing 0.4594 acres (20,010 square feet) out of the Outlots 327, 334 and 347 of the Town of La Porte, a subdivision recorded in Volume 61, Page 374 of the Deed Records of Harris County, Texas, and being out of the Enoch Brinson League Survey, A-5 in Harris County, Texas. Said 0.4594 acre tract being more particularly described by metes and bounds on Exhibit "B" attached hereto, incorporated by reference herein and made a part hereof for all purposes. ~8/r 1. TRACT 3 -- Emergency Evacuation Easement: Being an emergency evacuation easement, containing 0.0686 acres (2,990 square feet) out of the Outlots 327, 334 and 347 of the Town of La Porte, a subdivision recorded in Volume 61, Page 374 of the Deed Records of Harris County, Texas, and being out of the Enoch Brinson League Survey, A-5 in Harris County, Texas. Said 0.0686 acre tract being more particularly described by metes and bounds on Exhibit "e" attached hereto, incorporated by reference herein and made a part hereof for all purposes. Tract 1, Tract 2, and Tract 3, are shown on a plat attached hereto as Exhibit "0", incorporated by reference herein and made a part hereof for all purposes. RESTRICTIONS AND COVENANTS ON TRACT 2 AND TRACT 3, EMERGENCY EVACUATION TRACT AND EASEMENT: The conveyance of Tract 2 and Tract evacuation tract and easement, for property abutting Tract 1. 3 are restricted to use as an emergency the benefit of Tract 1, and Grantee's The use of said emergency evacuation tract (Tract 2) will require a special exception from the City of La Porte Zoning Board of Adjustment, due to its narrow width of 23'. All construction within Tract 2 will require prior wri tten approval from the City of La Porte. All construction wi thin Tract 3 will require prior written approval from the City of La Porte and is subject to terms and conditions of the existing Harris County Flood Control District easement located wi thin Tract 3. All costs of construction and maintenance within the emergency evacuation tract and easement shall be the sole responsibility of Grantee, its successors and assigns. Reservations from and Exception to Conveyance and Warranty: Taxes for the current year have been prorated and are assumed by Grantee. This conveyance is made subject to all and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements, and covenants, if any, applicable to and enforceable against the above described property as reflected by the records of the county clerk of the aforesaid county, and the Zoning Ordinance and Building Codes of the City of La Porte. Grantor for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor but not otherwise, except as to the reservations from and exceptions to conveyance and warranty. ,., THIS PROPERTY IS HEREBY CONVEYED "AS IS", "WHERE IS" AND WITH ALL FAULTS AND GRANTOR MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER WHETHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE PROPERTY, THE AVAILABILITY OF UTILITIES, ACCESS OF THE PROPERTY TO PUBLIC ROADS, APPLIANCES OR THE CONDITION, ADEQUACY OR SUITABILITY OF THE PROPERTY FOR PURPOSES. GRANTEE AGREES THAT GRANTEE IS NOT RELYING ON ANY WARRANTY OR REPRESENTATIONS OF GRANTOR OR ANY AGENT, E~lPLOYEE, REPRESENTATIVE, DIRECTOR OR OFFICER OF GRANTOR, AND THl\T GRANTEE IS BUYING THE PROPERTY "AS IS", "WHERE IS", SUBJECT TO ALL fAULTS AND WITHOUT ANY EXPRESSED OR IMPLIED WARRANTIES Of ANY KIND, INCLUDING BUT NOT LIMITED TO, MATERIALS, WORKMANSHIP, GOOD AND WORKMANLIKE CONSTRUCTION, DESIGN, CONDITION, HABITABILITY, TENANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR THE ENVIRONMENTAL CONDITION OF THE PROPERTY AND THE PRESENCE OF OR CONTAMINATION BY HAZARDOUS MATERIALS AND GRANTOR HEREBY DISCLAIMS ANY SUCH WARRANTY. GRANTEE HAS DETERMINED ON GRANTEE'S BEHALF (I) THE PHYSICAL CONDITION OF THE PROPERTY JI.ND THAT THERE IS NO DEFECT OR CONDITION WHICH IS UNACCEPTABLE TO GRANTEE, (II) WHETHER ANY PORTION OF THE PROPERTY LIES IN ANY fLOOD PLAIN, fLOOD WAY OR SPECIAL FLOOD HAZARD AREA, (III) WHETHER ANY GEOLOGICAL fAULT OR UNSATISfACTORY SOIL CONDITION EXISTS ON ANY PORTION OF THE PROPERTY, AND (IV) THAT ALL ENVIRON~lENTAL CONDITIONS RELATING TO THE PROPERTY ARE ACCEPTABLE TO GRANTEE. GRANTEE ACKNOWLEDGES THAT GRANTOR MAY HAVE ACQUIRED TITLE TO THE PROPERTY BY FORECLOSURE, DEED IN LIEU THEREOF OR OTHER REALIZATION OF ITS LIEN OR SECURITY INTEREST IN THE PROPERTY. GRANTEE FURTHER ACKNOWLEDGES THAT GRANTOR HAS NOT OCCUPIED THE PROP AND THEREFORE, THE PROPERTY MAY CONTAIN DEFECTS OR MAY BE IN NEED OF RE IR. By: RON BOTTOMS Ci ty ~lanager ATTEST: ~~~!;.~{r ACCEPTED AND AGREED: SULZER HICKHAM INC. By: SCOTT FAHEY Title: STATE OF TEXAS COUNTY OF HARRIS before me on the 12~ay o^,-T/1fII1Artj, , of the City of La Porte, a launic al This instrument was acknowledged 200f, by RON BOTTOMS, City Manager corporation, on behalf of said city. .lJ1IIaJ _ __ Ct.M-- II ._ ~111l*,1'J ,.. .. STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on the day of 2008, by SCOTT FAHEY, of Sulzer Hickham Inc., a Delaware corporation, on behalf of said corporation. Notary Public, State of Texas AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: ASKINS & ASKINS, P.C. P.O. Box 1218 La Porte, TX 77572-1218 ASKINS & ASKINS, P.C. P.O. Box 1218 La Porte, TX 77572-1218 -, c ,r' [ TRACT 1 DESCRIPTION OF A TRACT OF LAND CONTAlNING 2.9G51-ACRES (129,161 SQUARE FEET) SITUATED IN THE ENOCH BRINSON LEAGUE, A-S LOCATED IN HARRIS COUNTY. TEXAS Being a tract ofland containing 2.9651-acres (129,161 square feet) out of the Outlots 3:27, 334 and 347 of the Town of La POlte, a subdivision recorded in Volume 61, Pago 374 of the Deed Records of Harris County, Texas, and being out oithe Enoch Bmlson League Survey, A-5 in Hanis County, Texas. Said 2.9651-aore tract being more particularly described by metes and bounds as follows: COMMENCING at a point for the Southeast cornel' ofa2.0-acretract as conveyed 1lnto Lorena and Grego!'! Dibello inFUe No. X192277 O.P .R.R.P.H.C., audfor a point iJ:L the North right-of-way line of North P Street (BO foot wide) in said Town of La Porte, Texas, !U1d from which a 5/a-inch iron rod formd bears North 650 35' East, a distance of 0.54 feet; THENCE North 000 DO' 57" West coincident with the West line of said 2.0-acre trect and the common line of OuIots 327,328, 333,334, and 347 aild 348 of said Town ofLaPol'te, a distance ofl ,000.00 fi::etto a 1/2-inoh iron rod set for the Southwest conler and POINT OF BEGINNING of said tract herein described: THENCE North 000 00' 57" West coincident with the common line of said Outlots 347 and. 348, It distance of 383.65 feet to a 112-Ulch iron rod set for the Northwest conlCI: of said tract herein described find for a point in the South line of II tract ofland described as Tract A, 2S.5 946.acres as conveyed unto I.W. Hiclchanl Jr. in File No. D560280 D.R.H.C.; THENCE North 890,44' 27" Eaot coiucident with said South line of Tract A, a distance of336.00 feet to a l/2-inch lxon rod set for the Northeast comer of said tract herein described and for the Northwest corner of Lot 8 ofU<e's Addition an unrecorded subdivision in Harris County, Texas; THENCE South 00000' 57" East coincident with the West line of said Tko's Addition, a distance of 3 85.17 f-eet to a 1/2-ioch iron rod set for the Southea.st corner of said tract herein described and form--e1'lOrtlieasf Coml:lr csf' frproposed-130 foot-wide drainage traot, THENCE South 90" DO' OO"West coincideni with said proposed 130 foot wide drainage tract, a distance of336.00 feet to the POINT OF BEGINNING, containing in al12,9651-acre (129,161 square feet) of land, more or less. 2-18-07 March 19, 2007 IZevised July 29,2007 EXHIBIT "AU ----~. .~..--_...-.-. ..---.-".-".--., (' ( TRACT. 2 DESCRIPTION OF AN ACCESS EASEMENT CONTAINING 0.4594-ACRES (20,010 .SQU.ARE FEET) SITUATED IN THE ENOCH BRINSON LEAGUE, A-5 LOCATED IN :HARRIS COUNTY, TEXAS Being a tract ofland containing 0.4594-ACRES (20,010 -squlIIc feet) out of the Outlots 327, 334 and 347 of the Town of La Porte, a subdivisiom:ecorded in Volume 61, Page 374 of the Deed Records ofHanis County, Texas, and being out of the Enoch Brinson League Survey, A-5 in Harris County, Texas. Said 0.0686-acre tract being more proticularly described by metes and botmds as follows: COMMENCING at a point for the Southwest comeT of a 2.0-acre tract as conveyed wto Lorena and Gregory Dibello in File No. X192277 O.P.R.R.P.H.C., and for a point in the North right-of" way line of North P Street (80 foot wide) in said Town of La Porto, Texns, and from which a 5/8.. inch iron rod found bears North 65" 35' East, a clistrlllce of 0.54 feet; THENCE North 000 DO' 57" West coincident with the West line of said 2.0-acre tract and the cominon line ofOu10ts 327, 328,333,334, Md 347 wld. 348 of said ToWrt of La Porte, a distance of 870.00 feet to a l/2-inch iron rod set for the Northeast comer of II. l,4552-acre tract described as Tract 2 ina survey dated March 19,2007, a copy of which is oufile at the offices of Texas Land Coordinators Peadalld, Texas and for a point in the South line of f1 proposed 130.00 foot wide drainage easement; nrENCE North 900 DO' 00" East coincident with the Soutldine of said Tract land with the South line of said proposed 130.00 foot wide drainage easement, passing at a distance of 164.00 feet a 1/2-inch iron rod, and continuing on a tolal distance of 173.00 feet to a point for the Northwest comer fllld POINT OF BEGINNING of said tract berein described; THENCE North 900 00' 00" East coincident with the South line of said 130,00 foot wide drainage easement, a distance of23.00 feet to a point for fue Northeast corner of said tract herein described; TBENCE South 000 00' 57" East, a distance of 870.00 feet to a point for the Southeast corner of said tract herein described and for a point coincident with the North right,.of-way JiM ofNol1h p. Street and for the Southeast coroer of a 3 .7989-acxe tract described as Tract 3 in a survey dated March 19, 2007, a copy of which is on file at the offices of TeltllS Land Coordinators Pearland, Texas; nIENCE South 90. 00' DO" West coincident with the North right-oi-way line of North p-Street, passing at a diBtance of9.00 feet a IJ2-inch iron rod and continuing on a total distance of23.00 feet to !l point fOT the Soutbwest cornet of said tract hflrein described; TIiENCE Nort.h 000 DO' 57" West, a distance of 870.00 feet to the POINT OF BEGINNING, containing in all 0.4594-acre (20,010 -square fcet) ofland, roo!:e or les9. 2.18-07 MaTch 19, 2007 Revised July 29,2007 EXHIBIT "BlI .~---_. ....---.--. --. -~_...~ ._~_.._. .. .' .----.--- " _.-- ...---...-.-.--.---...... ."f: . ",. TRACT J DESCRIPTION OF AN ACCESS EASEMENT CONTAINING 0.0686-ACRES (2,990-SQUARE FEET) SITUATED IN THE ENOCH BRINSON LEAGUE, A-5 LOCATED lNHARRlS COUNTY, 'TEXAS Being a tract of land containing 0.0686-acres (l,990-square feet) out oithe 'Outlots 37.7, 334 alld 347 of the Tawil. of La Porte, a subdivision recorded in Volume 61, Page 374 ofilie Deed Records ofHarcis County, Texas, and being out of the Enoch Brinson League Survey, A-5 in Hards County, Texas. Said 0.0686-ac1'e tract behl!1; more particularly described by metes and bour.ds as follows: COlVlMENCING at 3. point for the Southwest corner of a 2.0-acre tract as conveyed unto Lorena and Gregory Dibello in File No. Xl92217 O.p.R.R.P.H.C., and for a point in the North dght-of- way line of North P Street (80 foot wide) in said Tovm oiLa porte, Texas, and from which a 5/8- inch iron rod found bears North 650 35' East, a. distance of 0.54 feet; THENCE North 000 00' 57" West coincidellt with the West line of said l.O-acre tract aud the common line ofOulots 327, 328, 333, 334, and 347 and 348 of said Tovm oiLa Porte, a distant.'e of 1,000.00 feet to a 1I2-inch iron rod set for the Southwest comer of a 2.9651-acre tract descdbed as Tract I in it survey dated March 19,2007. a copy of which is on file at the offices of Texas Land Coordillators peadand, Texas and for a point ill the North line of a proposed 130.00 foot wide drainage elI;lement; THENCE North 900 DO' 00" East coincident with the South line of said Tract land with the North lie of said proposed 130.00 foot wide drainage easement, passing at a. distance of 164.00 feet a. 112-inch iron rod, and continuing on a total distance of 173.00 fect to a point for the Northwest comer and POINT OF BEGINNJNG of said tract herein described; THENCE North 900 00' 00" Eastcoincidentwlth the Sontlilirle of said Trnct 1, a distance of 23.00 feet to a point for the Northeast comer of said tract herein described; THENCE South 000 DO' 57" East, a distance of 130.00 feet to a point for the Southeast comer of said tract herein described and for a point in the Soutb line of sald 130.00 foot wide drainage easement and for the Northeast comer of a 1.4552-acre tract described 8S Tl'ac.t 2 in a survey datcdMarch 19, 2007, a. copy of which is on .file at the offices of Texas Land Coordinators pearland, Texas; THENCE South 90" 00' 00" West coincident with the South line of said 130.00 foot dxainage casement and the North line of said Tract 2, passing ata distance of 9.00 feet a 1/2-inclJ. iron rod and continuing on a total distance of 23.00 feet to a 112-inchiroIl rod set for the Southwest comer of said tract hereill described; THENCE North 000 DO' 57" West, a distance of 130.00 feet to the POINT OF BEGINNlNG, containing in all 0.0686-acre (2,990-square feet) of land, more or less. 2-18-07 March 19, 200'1 Revised July 29,2007 EXHIBIT lieu TRACT 2 0.4594 ACS. (EMERGENCY EVACUATION TRACT) S.f.F 1;', SCIWfTO" ' V Ii " -) ~ 150.110' I u II ~, .2= ;;; .,,; ,,0.. I g,C> . "" ~ -e:: 'r, .,:;:) . .0:(, f"tO-:: I ~ g~::; ?= ~ (-j t';..... I ~,,". f- r' ~ ~~ ~, r- <-, ~ c~) I - 0- ;;: , - it;; L I 7. '::>",; '-, I SIR, jf:" .\ ~ c:.: ~ ~ c:.: c ~ to. r" 'F) N 'II, w.. ...., ~ SIR/., I V;" :=> " ~ r' E ~ f= -<( >. ~ ~ r:L '. "" ~s '0 -- g:: /: I.\V. Hickh3m Jr. TRACT A 25.5946 Acres C.f,# D560280 O,R.I3,C. N~9(> -1.1'2';"'[:. 3361)(1' ~ (...; "" (...., TRACT 1 2.9651 ACS. '- ? t- .,., C ~ o :;..: St;nl'r:A:r(Jo"~' l-1(t O.Nt' 5 I R, v.." N9()'tHI'r~)'[ 17',V~.I' L2 v, ..J D n,c H 7,. ',',','.', i S?I]'cy'J'Ol]'W 1%01)' lA' WAYOO'OO'E (' 1.6 I 73. CC ..,. o' L.:J ('.. ;;- 'rl ~ 0::: ~.. t~ :::;x '=' "" c o ~ '" ~ r-~ 'n f5 ;;; :7: il" (; r: C.Fi' .\'19J7 _ S9f)"I}(1'I)fj"W () P R,Q P !U: 1.1(J .fI(J' /. .I.R. X" NORTH P STRFF:T (80' R.O.W.) U t::1 o L:JI ~l ~I ~l I SUI. t;' ~ v' x i-_ ,- .~ :/':, SJ.R. y" i'.' --J CJ ~ .:;. '-' c~ Vi r_ 'r. ~" c=, c 00 'r. ( FJR. 1:" 1\1 t1i!\- \\ "l)l E :) N.T.S. z c 1= is C: < a': C::.: ~ TRACT 3 0.0686 ACS. (EMERGENCY EVACUATION EASEMENT) EXHIBIT "0" ......... . ...,iooI:J ~~N ... ~ .;' '."'1 ' r -w E~' ~" . ~(: ""',of: . s . .: ....' CITY OF LA PORTE 604 W. Fairmont Parkway, La Porte, TX 77571 Phone: (281) 471-5020/ Fax (281) 470-5005 WWW.laportetx.qov July 16, 2008 Sulzer Bickham, Inc. 11518 Old La Porte Road La Porte, TX 77571 Attn: Scott Fahey Re: Conditions of sale of Tract 1 and Tract 5 fi'om City of La Porte to Sulzer Hickham, Inc. Dear Mr. Fahey; As a follow-up to OUT meeting of May 19th, please be advised that the following conditions apply to sale of Tract 1 and Tract 5 to Sulzer Hickham, Inc.: 1. The property use of Tract 5 will be regulated by specific covenants & restrictions prepared by the City (i.e. Emergency Access Only) 2. Compensation to the City is ;required for the "Access Easement" (Tract 4). Execution of an easement form approved by the City will be required 3. All costs of construction within the "Access Easement" (aka Tract 4) will be the sole responsibility of Sulzer Hickbam and will require approval from both the City of La Porte and Ran-is County Flood Con~ol District. The current cost estimate for construction of a culvext system across the "Access Easement" (Tract 4) is $56,250. This estimate is based on installation of30 linear feet of double-row 48" RCP within the access easement. Additionally, the use of Tracts 1 & 4 will be in accordance with the City's zoning code. Please note the use of Tract 5 as an access road wIll require a variance from the City's Zoning Board of Adjustment due to the narrow width of the tract (23') at North "P" Street. Current zoning regulations of the City's Large Lot District require a minimUlll 90' street frontage (see attached exhibit). Should you require any additional information, please feel free to contact Brian Sterling at (281) 470- 5059. Sincerely, c - ~~)!II/&,/ 3' CITY OF LA PORTE 604 W. Fairmont Parkway, La Porte, TX 77571 Phone: (281) 471-5020/ Fax (281) 470-5005 www.laoortebcqov September 30,2008 Sulzer Hickham, Inc. l1518 Old La FOlte Road La Porte, TX 77571 Attn: Scott Fahey Re: Answers to Sulzer Hickham's Questions Regarding Purchase of Tracts 1 & 5 Dear Mr. Fahey: This letter is in response to the questions raised on 7/28108, regarding the purchase of Tracts 1 and 5. Q1: AI: How much will the Gity going to charge Sulzer Hickham for the access easement between rrs 1 & 5? $0. 45/sq. foot (the City's appraisal value) based on an easement area of 2,990 square feet (23' x130') $1,345.50 = Q2: Will the Gitv require com/'Jensation for the easement at the same time we accept oayment for rrs 1 & 5? A2: No. Compensationfor the easement would not be required until the easement is actually approved. However, the City will reserve the right to adjust the fee for the easement to reflect the future market conditions. It would be bestfor both parties to resolve at this time. However, the width of the easement may need to be adjusted based on final design of a drainage structure. Q3: Will Sulzer Hickham have to /'Jay for an access easement even ifthev never construct the access? A3: Sulzer Bickham will pay for the easement when they decide to acquire the easement. If Sulzer Bickham never acquires the easement, then no payment will be made. 04: When does the Gitv need a response from Sulzer Hickham for acceotance of the terms in our letter? A4: The City will require a response from Sulzer Hickham by December 31,2008; tile date of the last extension ofyollr bid. Should you require any additional infonnation, please feel free to contact Brian Sterling at (281) 470-5059. xc: Tim Tietjens Brian Sterling C3Y//lPr .3 SULZER ./'..... ,'" RECEIVED Sulzer Hickham Inc, 115 HI Old l.a PQrtfl Rrl. La Porte. TX 77571 USA Phone +1 713567 2700 Fax +17135672830 wVl/w.sulzerts.com OCT 22 2008 CITY MANAGER'S OFFICE City of La Porte 604 W. Fairmont Parkway La Porte, TX 77571 Our ref. J8 Phone direct +1 713567 2'732 Fax clirect + 1 713 567 2830 E-Mail directjohn.babb@SUlzerhickham.com Document Grosstesl.dOc Dale October 20. 2008 City P"operty Purchase Dear John Joerns, This letter is regarding the purchase of property owned by the City of La Porte. 2.9651 acre (tract 1), A 0.4594 acre (tract 5) and the access easement connecting the 2 tracts. Sulzer Hicl<ham Inc. would like to proceed with the purchase of property and easement immediately per the letter from John Joerns on September 3D, 2008. Sulzer Hickham Inc. would request completion by December 31, 2008. Yours sincerely Sulzer Hickham Inc. t!af d ~a!JZy~ VP Finance & Administration General Manager QESH/Facilities 18 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 1-12-09 Requested By: [(('nith R. Arll'OY ~ PvrL ;1..,4- Budl!et Source of Funds: Federal Seized Department: Pglic~ Account Number: 03252525218002 Repol.t: X Resolution: Ordinance: Amount Budgeted: $330,54200 Range Rebuild Documentation Amount Requested: $268,00000 Exhibits: Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION On IVIay 21, 2007 a City Council workshop was held to discuss the rebuilding of the Police Department's Range, which was condemned following Tropical Storm Alice in 200 I. At the workshop it was decided that the Police Department should proceed with the rebuilding of the range utilizing Federal Seized Funds. A total of $330,000 was budgeted and approved by City Council for this project in the 2008/2009 Police Department fiscal budget. Staff is now seeking approval to utilize Range Systems to rebuild the shooting range. Range Systems has provided the City with II bid of $268,000.00 to install a rubber block range system. The rubber block range system has been determined to be the most cost effective and operationally appropriate approach to completing the range project and Range Systems has been determined to be a sole source vendor for this specific product. Staff has done extensive research and found that although other companies do manufacture a rubber block, these rubber blocks are not specifically made for use in gun ranges, are not designed to withstand the same number of rounds as the Range Systems blocks are, and do not provide range engineering, construction, and/or installation services. It should also be noted that this project represents a considerable cost savings over originally estimated project costs due to much of the site work now being provided in-house by the City's own Public Works Department. Additional funds will also be needed in order to refurbish the existing range house; however, the Police Department expects that these additional costs will be well below the balance of the funds remaining in the budget for this project. Action ReQuircd by Council: Council is I'equestcd to approve $268,000,00 expenditul'e to Rllnge ,'st 11S for a Rubber Blocl{ Range. I NGE- SYSTE~/lS jI, Y E EN E \V It r ;-:; 1.11; ,.; C r: ~;, I ;"'; C. December 19 2008 Range Systems Sole Source Letter Following is the sole source information relevant to Range Systems' patented ballistic rubber firing range solutions. Be advised that Range Systems is the sole manufacturer and exclusive provider of Dura-Bloc™, Dura-Panel™, and Acoustic Dura-Panel™ products. Range Systems maintains neither authorized dealers nor an authorized dealer network. I. Patent: Range Systems owns U.S. Patent Number: 5,316,708 (Date of Patent: May 31,1994) for the manufacture of a rubber product that is used in ballistic applications. The patent incorporates a press/release/press process that results in unmatched product density. The rubber product is compressed at a minimum of 3,000 pounds per square inch, achieving a minimum density of 49 pounds per cubic foot. This patent also protects Range Systems' exclusive right to use natural latex in the process of manufacturing its rubber products. The latex component gives our ballistic rubber a self-healing characteristic which increases its effectiveness in eliminating ricochet and bullet splatter, while enhancing its durability and its ability to capture airborne lead particles. II. Product: Range Systems is the sole manufacturer and exclusive provider of Dura-Bloc™, Dura- PaneFM 1 and Acoustic Dura-PaneFM products. Our proprietary rubber products are a composite of recycled rubber, Kevlar@ fibers, titanium oxide, and a fire retardant. No other ballistic rubber products contain this combination of materials. III. References: Sole source customers of Range Systems' products include, but are not limited to: Glendale Police Department, CA Baltimore Police Department, MD Matteson Police Department, IL Livonia Police Department, MI West St Paul Police Department, MN Waukesha Police Department, WI Bel1aire Police Department, TX San Quentin Prison, CA Missouri Department of Corrections US Marine Corps Special Operations Training Group (Okinawa, Japan) US Army Ft Stewart, GA US Army Ft Bragg, NC US Army Fort McCoy, WI US Army Camp Atterbury, IN US Navy Special Warfare Group One, CA US Air Force - CRTC. Volk Field, WI SUBJECT: Sole Source Justification: Dura-Bloc & Dura-Panel Bullet containment US ARMY 2008 RANGE SYSTEMS BY RENEW RESOURCES, INC. 5121 Winnetka Avenue New Hope, MN 55428 Tel. 888-999-1217 I Fax 763-537-6657 www.ranqe-systems.com TO : CONTRACTING OFFICER 1. Description of Action: Action to be performed is to purchase a outdoor bullet trap and baffles for use in ballistic shooting range application. 2. Description of Supplies / Services: Range Systems will supply an outdoor shooting range for use as ballistic containment. 3. Authority Cited: This acquisition is being performed pursuant to 41 USC 253(c)(1) as implemented by Federal Acquisition Regulation 6.302-1 since the required supplies are available from only one responsible source and no other type of supplies will satisfy agency requirements. 4. Reason for Authority Cited: The specified vendor is the sole vendor requested due to the past performance history of product use at this facility. The Dura material has been the only rubber containment system tested and accepted at this facility for use in ballistic containment applications. The material has previously been specified and accepted for sole source by USASOC and TACOM for use in Yakima Training Area, WA. and is the system of this type that meets the past performance requirements of this command. 5. Efforis to Obtain Competition: There is no other producer of these systems or any comparable to the items noted above. These items cannot be by patent law produced elsewhere. 6. Fair and Reasonable Determination: It is our determination that the purchase of these items would be fair and reasonable based on previous purchases by other agencies and previous dealings with this company have been quite satisfactory. 7. Market Research: Market research shows that there are no other producers of the same type of quality since the design is specific to Range Systems. 8. Interested Sources: Specifications for these systems are proprietary in nature and are not available to other manufacturers for comparison. Report Summary Portable Encapsulator Test 3/8tl1 AR500 Steel with Dura Panel and Dura Bloc 5000 rounds in a 12 inch diameter circle Tested for USMC (world MOUT) 0.. -0 '- ? (1)0 -0 ~ ' ~E C If) ~~ ~ (1)-0 (1)(.) '-0 C (.)C cg .gO C? -0 0 ~o ,-..0 ~ (1)'- '~ E'- 0,- e ~ (.)(1) ,-(1) ..0(1) If) ~'- (1) o~ ,= ..0 C (1) 0..0 ....... ~..o 0 't:'- 0 C If)E '- (1)-0 o? '.;::J ~ '- - O'l 0.. .......'- 0.. 0 o..c ..0 Oc (.) ~~ If)(1) 0 '- ........- '.;::J If)s::. 0.. .~ (1)~ :B: (1)c (1)....... ~ (1)0 :::-? -c '- ~ O'l -- ~ ~O'l If)'- ....... C o~ ..0 s::.-o 2-0 ....... '.;::J ('.1- ~ If)c ?2 ~ -S 00.. ::t:.~ ..o~ -S If) .......~ 0 (.)s::. 'S-S ..0 ~ (1) 0..';:- ..0 os::. '- ?(1) clf) ~ If) -....... 00.. bD If) If)~ (1) ..00 (.)~ '(3 c ':Q ,-..0 -0(.) '- g "ro ~'- (1)0'l (1) ....... .- 0 :::- ..oc CC E C ?- 0 ..0 .- ~(1) 0 er(1) '- ?o.. ,-.lfJ. E (.) 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If) cro ::t:. _ro :::-::t:. co (1) -0-0 Q).~ (.) CO(.) ro(.) ,Olf) CC 'CE 0 rf) ,-C cg .c:( . (5 co? co ~ (1)(1) <(co . -oC Q)2- U-ro ..0.,.., 00 ;:00........ '- I '- O'l c....... _C (1) bD ..o~ .....(1)C ':jlf) Co -0 ..0 ?? C ..0 'c COo S(.) ..0 JS 0::- Q) ..0 ,- o~ ~ I.!) .....:. c-o ? .,.., ._ ? ro (/)(1) 0:: (1)..0 .~ 0:: ~ .....- ro Q)C s::.lf) - - E~ cO(.) Ero (1) g I-c Uj(1)ro '--0 clf) s;:. ':j- co....OO 10 s;:.C EO ~roo 0(1) I- ;:00.'- ~I- .g .:9 ~ .....If) ._ (1) -oc<"> ~ Q)lf) co ci.:.o )(E ~cro >-t::: en -'- COo 3~ 0 cro 0 coE c.ro-o () (/)(1) (/)~ro ~lf) If)....... wo.. <C .-.. en 0 ~ ~ .-.. 0 !..... en .-.. 0 .-.. ~ en all! S en !..... !..... ~ 0 Q) 0 0 !..... S ~ N U 0 S cu <:A- SS ..a u Q) " " +oJ ::J U Q. en a... "- ..a en 0 - ::J ..a ~ () a... a... C/) :J +oJ C) --.J a... a... Q) '"0 - Q) ~ a... --.J +oJ +oJ bJ) ..a ~ ::J cu Q) --.J ~ U 0 Q) E ~ e ~ ..a Q) ~ en "- '"0 en +oJ 0 ..a Q) +oJ :J C/) ~ '"0 Q) e 0) ..c 0 W 0 e 0) ..c Q) e "- - ~ 0 '"0 +oJ - Q) cu ..a 0 -- +oJ 0 '"0 Q) 0 C/) 0) 0 ..a +oJ e I- +oJ Q) ..c e cu ~ ~ ..a 0 en Q) !..... !..... 0 +oJ l.+- e C) 0 +oJ ~ 0 0 0) S !..... e ~ 0 en Q. "- ~ !..... cu E +oJ -- S en 0 Q) .~ 0) S 0 x e -- !..... ~ cu u Q) e "- -- en 0 '"0 - ~ '"0 cu +oJ c:r cu C/) cu (]) u e +oJ !..... 0) cu 0) e S C/) "C: cu +oJ C) ~ 0 +oJ Q. en '"0 +oJ Q. U (]) ~ e 0 cu x (]) !..... 0) cu 0 S Q) Q) '"0 e I.+- "- (]) (]) (]) !..... l.+- e e 0) +oJ +oJ S 0 cu cu ~ cu Q) (]) !..... !..... (]) !..... !..... en "- "- u C) e u u cu cu "- C/) cu e e cu Q. Q. e ~ !..... 0 0 !..... Q) Q) ::J 0 () () <.9 0::: 0::: <.9 ~ 0 19 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: .JanuarY~ 2, ~?~i;;J Requested lly: Tim Tietiens (~;,..Ct. \ Rudl!:et Source of Funds: Nt A Department: Planning Account Number: NtA Repol't: Resolution: Ordinance: x Amount Budgeted: N/A Exhibits: Ordinance Amount Requested: NtA Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION On July 14,2008, City Council approved an ordinance authorizing the City Manager to execute land sale contracts and related docllments as part of the H.O.M.E. Program Year 2006 NOlthside Neighborhood Single family Construction prqjecl. This authorization expired after 180 days (January 10,2009). At this time, City COlIncil is being asked to extend the City Manager's authority to execute future sales contracts and related documents for an additional 180 days. Action Required bv Council: an ordinance amendment to extend the City Manager's authority to execute land sale contracts d documents for the 2006 H.O.M.E. Northside Neighborhood Project for an additional 180 D:.tf 17 ORDINANCE NO. 200&-~OqO-A 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 CONSTRUCTION PROJECT, BETWEEN THE CITY OF LA PORTE AND BUYERS OF PROPERTIES AT 224 NORTH 6TH STREET, ALSO DESCRIBED AS LOTS 3 AND 4, BLOCK 66, 211 NORTH 1ST STREET, ALSO DESCRIBED AS LOTS 23 AND 24/ BLOCK 62, 207 NORTH 2ND STREET/ ALSO DESCRIBED AS LOTS 21, 22, AND 23, BLOCK 63, AND 216 NORTH 2ND STREET, ALSO DESCRIBED AS LOTS 3 AND 4, BLOCK 62, AT SUCH TIME AS BUYERS ARE LOCATED, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, CONTAINING A REPEALING CLAUSE, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract r agreement r or other undertaking described in the title of this ordinancer 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 land sale contracts and related documents on behalf of the City of La Porter with buyers of properties located at 224 North 6th streetr 211 North 1st streetr 207 North 2nd Streetr and 216 North 2nd Streetr 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 eighty (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. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; providedr however r 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 3. The city Council officially findsl determines I recitesl and declares that a sufficient written notice of the datel houri 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 I as required by the Open Meetings Lawl Chapter 5511 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 discussedl considered and formally acted upon. The City Council further ratifiesl approves and confirms such written notice and the contents and posting thereof. Section 4. This Ordinance shall be effective from and after its passage and approval I and it is so ordered. PASSED AND APPROVED I this 12th day of JanuarYI 2009. CITY OF LA PORTE By: ~~~p~ Alton E. Porter Mayor ATTEST: ~~l~ YJl- City Secretary APPROVED: /~//;/<~u:(?> ~ -T(-_4~~_~_~'t~ ctti~k T: Ask~ns Assistant city Attorney 2 21 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 6, 2009 Requested By: Ron Bottoms Budeet Source of Funds: Department: Administration Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Exhibits: Rail Spur Agreement Amount Requested: Exhibits: La Porte Real Property, LLC Letter Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION Attached is a copy of a letter from La Porte Real Property, LLC requesting, among other things, a one year extension to the Rail Spur Agreement between the City of La POIte and Frontier Logistics, LLC and La Porte Real Property LLC. Staff has met with representatives from La P0I1e Real Property, LLC and supports their request for an extension; due to the impact of Hurricane lke and the current economic downturn. , /" ;;1 Date I LA PORTE REAL PROPERTY, LLC 1655 Louisiana St. Beaumont, TX 77701 December 1, 2008 Ron Bottoms City Manager, City of La Porte 604 West Fairmont Parkway LaPorte, Texas 77571 RECEIVED DEe 03 Z008 C\TY MANAGER'S OFFICE Dear Mr. Bottoms: Thank you for taking time last week to meet with Brian Bommer and Chuck Childress, two of my associates. During that meeting you expressed concern that our company was currently unable to provide the City with a "general site plan" that would describe our development plans for the entire area along Barbours Cut Boulevard between Highway 146 and North Broadway, including the resurfacing of the landfill. As you are aware, we have submitted a thorough site plan specifically for the redevelopment of the closed Harris County Landfill #3, prepared by SCS Engineers. The legitimate concerns that you expressed have caused us to reconsider our plan of action. We would like to expeditiously proceed with the required "site plan permitting process" for the development of the landfill, as this site is the cornerstone of our entire development plan. There are three, 16' alleys on the landfill site that have not been abandoned. We respectfully request that the City favorably consider abandoning these three alleys at no cost, as has been previously discussed. We also request that a small portion of the landfill currently zoned "LI" be rezoned to "HI" to make the zoning classification consistent throughout the property. We have previously met with Planning Department officials concerning the landfill development permit request, and will provide them with any additional needed information. Also, we would like to formally request a one year extension to the Rail Spur Agreement, from December 25, 2008 until December 25, 2009. We remain enthusiastic about the proposed development, but need this additional time to adequately prepare our complete site plan, obtain required information from our rail consultants, and manage issues caused by Hurricane llee and the current economic environment. We view this requested extension as an opportunity to strengthen our general plan and improve our business partnership with the City. 111ank you for expressing your thoughts in our recent meeting and we appreciate your serious consideration of the requests outlined in this letter. Casey Crenshaw Vice President La Porte Real Properties, LLC RAIL SPUR AGREEMENT STATE OF TEXAS !;i !;i COUNTY OF HARRIS !;i This Agreement made Logistics, LLC, a Texas and entered into by and between Frontier limited liability company, and La Porte Real Property, LLC, a Texas limited liability company, of Harris County, Texas, hereinafter referred to as "Owners", and the CITY OF LA PORTE, a municipal corporation, of Harris County, Texas, hereinafter referred to as "city", Recitations 1. City is the owner of a 5.98 acre tract of land, situated near the intersection of North Broadway street and East Barbours Cut Boulevard, in the City of La Porte, Harris County, Texas. The legal description of said tract of land (hereinafter referred to as "Property") is attached as Exhibit "An, to a Lease Agreement, by and between City, as Landlord, and James J. Flanagan Shipping Corporation, a Texas business corporation, as Tenant. A true and correct copy of said Lease Agreement is attached hereto as Exhibit "A", incorporated by reference herein, and made a part hereof for all purposes. 2. Article 3, on page 5 of said Lease Agreement, provides for a reservation by the Landlord to reduce the area of the Leased Premises, to accommodate a rail spur from the existing railroad tracks on the east side of the Property, across the south portion of the property and continuing on the former North "H" street right-of-way. In the event that the City, as Landlord, exercises FINAL DRAFT: 02.11.08 such option, (a) the Landlord shall provide the Tenant with six months written notice of its intention to reduce the area of the Leased Premises, and (b) the area of the Leased Premises shall be reduced as shown on Exhibit "A-1" attached to said Lease Agreement, and the rental thereunder shall be reduced on a pro rata square foot or acreage basis, and City, as Landlord, agrees to reimburse the Tenant for the remaining undepreciated value of Tenant's improvements on that portion of the Leased Premises, based on a 15 year level amortization from the Commencement Date of said Lease Agreement, which was January 1, 1997. 3. Owners own substantially all the real property which abuts the right-of-way of North "H" street in the City of La Porte, extending from the west right-of-way line of North Broadway Street, to the east right-of-way line of North 8th Street, in the City of La Porte. Owners desire to have the City of La Porte exercise the rail spur option, described in Paragraph 2, above. Owners request City to grant Owners a Rail Easement in form attached hereto as Exhibit liB", incorporated by reference herein, and made a part hereof for all purposes. WHEREFORE, in consideration of the payment by Owners to City, of a cash sum, which shall be calculated by mUltiplying (i) that portion of the Railroad Easement located on the property described on Exhibit "A", attached hereto, and (ii) that portion of the Railroad Easement located on the right-of-way of North "H" street; multiplied by $4.50 per square foot, payable as follows, to-wit: A. Owners shall, upon the execution hereof, make an initial deposit of Two Hundred Thousand Dollars ($200,000.00), to 2 the city, which shall be fully credited by the city to the total cash consideration hereunder; in the event that Owners are unable to secure permits from TCEQ and the other governmental agencies and utilities having jurisdiction over the property, the City shall refund said deposit to Owners, less Twenty-five Thousand Dollar ($25,000.00) thereof, to reimburse City for its administrative costs hereunder; and B. the balance of the consideration shall be paid by Owners to the City of La Porte, as hereinafter provided; and in further consideration of the mutual agreements herein set forth, Owners and City agree as follows: 1. Owners shall, at their sole cost and expense, with the prior written approval of City, engage the services of an engineer / surveyor with experience in railroad track design and construction matters, to prepare a survey plat, and metes and bounds description, with the survey plat showing the location of the proposed railroad spur, in accordance with Exhibit "A-I", to the Lease Agreement attached to this Agreement as Exhibit "A", and the portion thereof connecting to a rail easement in the right-of- way of North "Hrr Street. Upon receipt and approval of said plat and metes and bounds description, City, as Landlord, agrees to give notice to the Tenant under said Lease Agreement, exercising the option hereinabove described. Owners agree to reimburse and save and hold harmless City for the loss in rental, and any other claims for reimbursement and damages, by Tenant under said Lease Agreement, as a result of the exercise of said option by city. Prior to the exercise of said option by City, Owners and City shall 3 enter into a Rail Easement Agreement on the tract of land, based on the plat and metes and bounds description obtained as provided herein. A copy of the proposed Rail Easement Agreement is attached hereto as Exhibit "B", incorporated by reference herein, and made a part hereof for all purposes. 2. City plans to accept bids for the sale of the remainder of the 5.98 acre tract of land, after the legal description of the rail spur option tract has been determined. city has obtained an appraisal of the entire tract, showing its fair market value as $2.25 per square foot. Owners agree to indemnify and hold harmless city, from any loss of value of the remaining tract to be sold by City, for a bid price of less than $2.25 per square foot. 3. Owners agree to prepare and file with City, on or before the 1st day of August, 2008, a development/business plan which shall address the planning and zoning issues that will be involved with development of the rail spur, from the existing railroad tracks, across the Property, and the properties owned by Owners contiguous to North "H street. Nothing contained in this Agreement or in the Rail Easement, shall be construed as a grant of zoning authorization for use of rail access to any of Owners' properties adjacent to the Rail Easement which property is not zoned HI, or a PUD with special exceptions for rail service. 4. Attached to this Agreement as Exhibit "en is a list of un-resolved violations of City's ordinances, on certain of the properties owned by certain of the Owners. All of these violations shall be abated by the respective Owners, to the satisfaction of City, in accordance with the provisions of Exhibit "C". 4 5. All notices and other communications given pursuant to this Rail Spur Agreement shall be in writing and shall either be mailed by first class united States mail, postage prepaid, registered or certified with return receipt requested, and addressed as set forth in this paragraph, or delivered in person to the intended addressee. Notice mailed in the aforesaid manner shall become effective three business days after deposit; notice given in any other manner, and any notice given to City, shall be effective only upon receipt by the intended addressee. For the purposes of notice, the address of (a) city shall be: City of La Porte 604 West Fairmont Parkway La Porte, TX 77571 Attention: City Manager (b) Owners shall be: Frontier Logistics, LLC 710 North Broadway La Porte, TX 77571 Attention: George Cook La Porte Real Property, LLC 1655 Louisiana Beaumont, TX 77701 Attention: Casey Crenshaw Each party shall have the continuing right to change its address for notice hereunder by the giving of 15 days' prior written notice to the other party in accordance with this paragraph. 5 6. Events of Default. Bach of the following occurrences shall constitute an "Event of Default" by Owners under this Rail Spur Agreement: a. The failure of Owners to pay the monetary consideration provided for in this Rail Spur Agreement; and b. The failure of Owners to perform, comply with or observe any other agreement, obligation or undertaking of Owners, or any other term, condition or provision, of this Rail Spur Agreement, and the Rail Basement Agreement, and the continuance of such failure for a period of ten (10) days after written notice from city to Owners specifying the failure. Upon any Event of Default, city may, at city's option and in addition to all other rights, remedies, and recourses afforded City hereunder or by law or equity, do anyone or more of the following: a. Terminate this Rail Spur Agreement and Rail Easement Agreement, by the giving of written notice to Owners, in which event Owners shall pay to city upon demand, any monetary consideration then owed by Owners to city. b. Terminate Owners right to possession of the property described in Bxhibit "All of the Rail Basement Agreement. 7. If either the City or Owners initiate any litigation relating to this Rail Spur Agreement, the prevailing party in such litigation, shall be entitled to recover, in addition to all damages allowed by law and other relief, all court costs and reasonable attorneys' fees incurred in connection with such litigation. 6 ENTERED INTO this the 11th day of February, 2008. nOWNERsn By: Frontier Logistics, LLC ~~ Name: G~",...~,-- ChdL Title: Z~~ La Porte Real Property, LLC By: ~r' CJJlliif ~ a tha ~ Ie t City Secretary APPROVED AS TO FORM: i:4 . h ".-r--. !. / (' A"vW 7" /f ~'J I",-/r. Kn . Askins I city Attorney 7 STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ NOTICE TO BUYERS, LESSEES, AND OCCUPANTS 1361.539, TEXAS HEALTH AND SAFETY CODE The City of La Porte, a municipal corporation, whose mailing address is 604 West Fairmont Parkway, La Porte, Texas 77571, the owner of land that overlies a closed municipal solid waste landfill facility, hereby gives written notice stating the former use of the facility as a solid waste landfill, the legal description of said former solid waste landfill facility being attached hereto as Exhibit "A" Tract I, incorporated by reference herein and made a part hereof for all purposes, and does further give notice of the restrictions on the development or lease of said land imposed by Subchapter R, "Use of Land Over Municipal Solid Waste Landfills", of the Texas Health and safety Code, reference to which is here made for all purposes. The city of La porte, a municipal corporation, the owner of said real property, has filed this notice for record in the office of the County Clerk of Harris County, Tex , as required by said ~361.539, Texas Health and Safety Code, u er rris County Clerk's File No. S236608. WITNESS OUR HANDS AND THE: SEAL 0 /::;:.&(~ fl.. \)(1(.. i ' 2008. his //~ of ,-.-- By: Manager ATTEST: '0J1~ (]. #/74- Martha A. Gil ett city Secretary A2Z:~. ~ Knox W. Askins City Attorney STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ -t::: Th i s (druILj Porte, on instrument was acknowledged before me on the I (1(. day of , 2008, by Ron Bottoms, city Manager of the City of La behalf of said City, in the capacity herein stated. ~!WI No a y Public, State of Texas Exhibit "An - Notice Lease Agreement, by and between city, as Landlord, and James J. Flanagan Shipping Corporation, as Tenant. Exhibit "A" Rail Easement Agreement Exhibit liB II Current Violations of city Ordinances by Owners Not later than May 12, 2008: · In accordance with Code of Ordinances, Chapter 106, Section 106-637, submit an application and General Plan for a special conditional use permit (SCUP), as required in a Planned Unit Development Zoning District, to the Planning and Zoning Commission for recommendation, and the City Council for approval, including, but not limited to, the removal of all shipping containers from Blocks 349, 350 r 351 and 352 r in violation of the Code of Ordinances, Chapter 106, Section 106- 521, Table A. Applications may be obtained and coordinated through the Planning Department. The General Plan shall conform to the requirements of City Ordinance No. 1444, section 4.01 and Appendix C. Upon approval of the SCUP: · Apply for a zoning permit for the entire site with the Inspections Division. · Submit a Major Development Site Plan in accordance with Code of Ordinances, Chapter 106, Section 106-637 (c), and city Ordinance No. 1444, Section 4.08 and Appendix E, to the Planning Department for review, and approval by the Planning and Zoning Commission. Exhibit IIC" 22/23 --' ------------------ A REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Januarv 12. 02009 Bud2et Requested By: .fpff Sll~gs Source of Funds: Department: Ewergelll:Y Mllllllgeweut Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Exhibits: Project Worksheets, Debris totals Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION This is an update of the FEMA reimbursement and insurance process. This update will discuss expenditures to date for Hurricane IKE. We will also discuss the time line for reimbursement from FEMA as well as the insurance company claims. City Manager ( /9 J9 Date ~ Q) co f'... I · co f::F7 ~ ~ -c @) \") C. f::F7 Q) :J @) u c ~ <( co <( ~ s..... ~ ~ ::J ~ en W . c W f'... LL - f::F7 u.. E E Q) +-' 0 0 co s..... s..... ""0 '+- '+- ""0 ""0 0 Q) Q) +-' > > +-' -- -- c Q) Q) Q) u u c... Q) Q) CJ) 0:: 0:: Asplundh Environmental Services Ve etative Hauling from ROW to DMS (1) Accepting debris at DMS (2) Grindin / Chippin (3) Unit price $6.71 $3.65 $3.29 C&D Hauling from ROW to Landfill (4) Greenbelt Landfill Tippin Fees (5) $10.67 $4.42 Quanti 192,679 cy 192,679 cy 192,679 cy Subtotal 5,586 cy 5,586 cy Subtotal Crowder Disaster Recovery $8.88 3,420 cy Subtotal Ve etative I C&D Hauling from ROW to Landfill (7) Greenbelt Landfill Tippin Fees (8) $8.88 $4.42 Trees Hazardous Limb Removal (9) $34.10 Debris Breakdown Hauling from ROW to DMS (1 +6) Hauling from ROW to Greenbelt Landfill (4+7) Accepting debris at DMS (2) Grinding / Chipping (3) Landfill Tipping Fees (5+8) Hazardous Limb Removal (9) 83,349 cy 83,349 cy Subtotal 2,963 Trees Subtotal $ $ $ 703,278 633,914 2,630,068 $ $ 703,278 633,914 Breakdown by Company Asplundh Environmental Services (Includes Bond) $ 2,698,841 Crowder Disaster Recovery $ 871,547 Greenbelt Landfill (WCA Tipping Fees) $ 393,093 Neel-Schaffer, Inc. $ 826,725 $ 4,790,206 Note: Actual contractor data and cost information thru December 22, 2008. Actual Neel-Schaffer cost information thru December 14, 2008. 9/19/2008 9/20/2008 9/21/2008 9/22/2008 9/23/2008 9/24/2008 9/25/2008 9/26/2008 9/27/2008 9/28/2008 9/29/2008 9/30/2008 10/1/2008 10/2/2008 10/3/2008 10/4/2008 10/5/2008 10/6/2008 1017/2008 10/8/2008 10/9/2008 10/10/2008 10/11/2008 1 0/12/2008 10/13/2008 10/14/2008 10/15/2008 10/16/2008 10/17/2008 10/18/2008 10/19/2008 10/20/2008 10/21/2008 10/22/2008 10/23/2008 10/24/2008 10/25/2008 10/26/2008 10/27/2008 10/28/2008 10/29/2008 10/30/2008 10/31/2008 11/1/2008 11/2/2008 11/3/2008 11/4/2008 11/5/2008 11/6/2008 11/7/2008 11/8/2008 11/9/2008 11/10/2008 11/11/2008 52 Loads 57 Loads 51 Loads 66 Loads 228 Loads 269 Loads 259 Loads 278 Loads 306 Loads 313 Loads 305 Loads 313 Loads 312 Loads 235 Loads 223 Loads 182 Loads 208 Loads 22 Loads 145 Loads 202 Loads 211 Loads 144 Loads 61 Loads 25 Loads 3 Loads 6 Loads 83 Loads 2,372 cy 2,557 cy 2,211 cy 2,974 cy 9,833 cy 11,922 cy 11,100cy 12,301 cy 12,537 cy 12,999 cy 13,405 cy 13,813 cy 13,381 cy 10,424 cy 9,662 cy 7,812 cy 9,080 cy 952 cy 5,870 cy 7,099 cy 8,143 cy 5,419 cy 2,408 cy 1,146 cy 121 cy 222 cy 2,916 cy 2 Loads 41 Loads 32 Loads 89 cy 1,701 cy 1 ,442 cy 25 Loads 3 Loads 6 Loads 19 Loads 1,179 cy 106 cy 242 cy 827 cy 2 Loads 52 cy 25 Loads 1 ,268 cy 4 Loads 191 cy 14 Loads 451 cy 31 Loads 1,067 cy 13 Loads 391 cy 11/12/2008 11/13/2008 11/14/2008 11/15/2008 11/16/2008 11/17/2008 11/18/2008 11/19/2008 11/20/2008 11/21/2008 11/22/2008 11/23/2008 11/24/2008 11/25/2008 11/26/2008 11/27/2008 11/28/2008 11/29/2008 11/30/2008 12/1/2008 12/2/2008 12/3/2008 12/4/2008 12/5/2008 12/6/2008 1217/2008 12/8/2008 12/9/2008 12/10/2008 12/11/2008 12/12/2008 12/13/2008 12/14/2008 12/15/2008 12/16/2008 12/17/2008 12/18/2008 12/19/2008 12/20/2008 TOTAL 4559 Loads 192.679 cy 128 Loads 5.586 cy 89 Loads 3,420 cy IS REMOVAL SUMMARY 52 Loads 2,372 cy 57 Loads 2,557 cy 51 Loads 2,211 cy 66 Loads 2,974 cy 228 Loads 9,833 cy 269 Loads 11,922 cy 259 Loads 11,100 cy 278 Loads 12,301 cy 306 Loads 12,537 cy 313 Loads 12,999 cy 305 Loads 13,405 cy 313 Loads 13,813 cy 312 Loads 13,381 cy 237 Loads 10,513 cy 264 Loads 11 ,363 cy 214 Loads 9,254 cy 233 Loads 10,259 cy 25 Loads 1,058 cy 151 Loads 6,112 cy 221 Loads 7,926 cy 34 Loads 1,560 cy 1,560 cy 245 Loads 9,703 cy 56 Loads 2,490 cy 2,542 cy 202 Loads 7,961 cy 1 ,268 cy 86 Loads 3,676 cy 57 Loads 2,457 cy 2,648 cy 86 Loads 3,794 cy 51 Loads 2,381 cy 2,832 cy 68 Loads 2,953 cy 63 Loads 2,939 cy 4,006 cy 100 Loads 4,228 cy 1 Loads 23 cy 23 cy 1 Loads 23 cy 88 Loads 3,866 cy 4,257 cy 184 Loads 7,173cy 76 Loads 3,367 cy 3,367 cy 76 Loads 3,367 cy 105 Loads 4,104 cy 4,104 cy 105 Loads 4,104 cy 131 Loads 5,417 cy 5,417 cy 131 Loads 5,417 cy 118 Loads 4,744 cy 4,744 cy 118 Loads 4,744 cy 128 Loads 5,257 cy 5,257 cy 128 Loads 5,257 cy 96 Loads 4,104 cy 4,104 cy 96 Loads 4,104 cy 63 Loads 2,712 cy 2,712 cy 63 Loads 2,712 cy 64 Loads 2,974 cy 2,974 cy 66 Trees 64 Loads 2,974 cy 30 Loads 1 ,488 cy 1,488 cy 151 Trees 30 Loads 1,488 cy 21 Loads 1,035 cy 1,035 cy 148 Trees 21 Loads 1,035 cy 11 Loads 675 cy 675 cy 192 Trees 11 Loads 675 cy 8 Loads 511 cy 511 cy 120 Trees 8 Loads 511 cy 4 Loads 256 cy 256 cy 116 Trees 4 Loads 256 cy 45 Trees 11 Loads 693 cy 693 cy 141 Trees 11 Loads 693 cy 16 Loads 1,038 cy 1,038 cy 173 Trees 16 Loads 1,038 cy 12 Loads 785 cy 785 cy 150 Trees 12 Loads 785 cy 8 Loads 512 cy 512 cy 105 Trees 8 Loads 512 cy 10 Loads 650 cy 650 cy 146 Trees 10 Loads 650 cy 5 Loads 335 cy 335 cy 182 Trees 5 Loads 335 cy 11 Loads 728 cy 728 cy 16 Trees 11 Loads 728 cy 2 Loads 126 cy 126 cy 2 Loads 126 cy 12 Loads 771 cy 771 cy 135 Trees 12 Loads 771 cy 11 Loads 716 cy 716 cy 127 Trees 11 Loads 716 cy 11 Loads 701 cy 701 cy 174 Trees 11 Loads 701 cy 8 Loads 500 cy 500 cy 156 Trees 8 Loads 500 cy 102 Trees 12 Loads 746 cy 746 cy 138 Trees 12 Loads 746 cy 11 Loads 678 cy 678 cy 104 Trees 11 Loads 678 cy 15 Loads 942 cy 942 cy 8 Trees 15 Loads 942 cy 12 Loads 754 cy 754 cy 18 Trees 12 Loads 754 cy 8 Loads 500 cy 500 cy 8 Loads 500 cy 5 Loads 303 cy 303 cy 5 Loads 303 cy 11 Loads 696 cy 696 cy 11 Loads 696 cy 21 Loads 1,310cy 1,310cy 21 Loads 1,310cy 23 Loads 1,413cy 1,413cy 23 Loads 1,413cy 33 Loads 1,997 cy 1,997 cy 33 Loads 1,997 cy 28 Loads 1,649 cy 1,649 cy 28 Loads 1,649 cy 22 Loads 1,305 cy 1,305 cy 22 Loads 1,305 cy cy Loads cy 48 Loads 2,560 cy 2,560 cy 48 Loads 2,560 cy 46 Loads 2,350 cy 2,350 cy 46 Loads 2,350 cy 4 Loads 245 cy 245 cy 4 Loads 245 cy 29 Loads 1,592 cy 1,592 cy 29 Loads 1,592 cy 23 Loads 1,374 cy 1,374 cy 23 Loads 1,374 cy 14 Loads 829 cy 829 cy 14 Loads 829 cy cy Loads cy 17 Loads 973 cy 973 cy 17 Loads 973 cy 4 Loads 263 cy 263 cy 4 Loads 263 cy 8 Loads 496 cy 496 cy 8 Loads 496 cy 1 Loads 65 cy 65 cy 250 Trees 1 Loads 65 cy 4 Loads 240 cy 240 cy 4 Loads 240 cy 3 Loads 154 cy 154 cy 3 Loads 154 cy 1724 Loads 83.349 cy 86,769 cy 2,963 Trees 6500 LOads I 285.034 cy DIVISION OF EMERGENCY MANAGEMENT Office of the Governor RICK PERRY Governor Mailin2 AddIess: PO Box 4087 Austin, Texas 78773..Q220 Contact Nwnbers: 512-424-2138 Duty Hours 512-424-2277 Non-Duty Hours 512-424-2444 Fax Phvsical Address: 580S N. Lamar Blvd. Austin, Texas 78752 STEVEN McCRAW Director Office of Homeland Seeurity JACK COLLEY Chief December 19, 2008 Chief Financial Officer La Porte, City of 604 W. Fairmont Pkwy La Porte, TX 77571 RE: FEMA -1791 .DR Hurricane Ike This warrant for $18,226.66, Warrant Number 118642491 is for disaster assistance and is associated with the above referenced disaster. These are federal funds (CFDA #97.036) from FEMA, passed through the Texas Department of Public Safety's Division of Emergency Management. If your organization has expenditures over $500,000 in federal funds within a fiscal year that began December 31, 2003 or Jater, you must have an audit done in accordance with the Single Audit Act Amendment of 1996 (OMB Circular A-133). Please share this letter with your FEMA grant coordinator. This Jetter concerns the following project ID number(s): Pundle# 15 PWs 19, 30, 83 & 91 If you have any questions concerning the computation or audit requirements, please call Sally Flanders @ 512/424-5376. Sincerely, cL~ Loren Behrens Support Services Section Administrator ',118642491 DECEMSER 18. 2008 121708 0092 405 99843612 17460015526008 PAYING AGENCY: 512-424-2060 TEXASDEPARTMfNT OF PUBLIC SAfETY .'.' .'.,',',0" '," PAY EIGHTEEN THOUSAND THO HUNDRE~rWENTY SIX DOLLARS AND . "m~X~S (f[llmpfrlll1~rllfJIul.t!i;<~t~UD1~\.<, .. TREA.~UBYV'ARRANT NO. f18642491 66/100 $18.226;66> "III" 1111.1.1.111 rllIlll.lll.'I.I .1..:"111 "1111111.: bl.lll CITY OF LA PORTE 6 04J'lFAIRMONT PKWY lAPORTE. IX 77571-6215 VOID AFTER 08/31/2011 ~~.......,..... "'._ ',,' ,,:.: :,'0_' ,./: "'," ',,;;-:-- ",::\,::./. ::'::"::. WL ......:.........................<;.:.......'...............:.... .' .,"',', ,- -...........,.. . ..... ',- " .........., .-..". ", -,- ",' ,. III jO L.uI I:. ~ L. 900 HI Itl: III ~ . a b'" 2.... q . II~ * DIVISION OF EMERGENCY MANAGEMENT Office of the Governor Mailine Address: PO Box 4087 Austin, Texas 78773-0220 Contact NumbelS: 512-424-2138 Duty Homs 512-424-2277 Non-Duty Homs 512-424-2444 Fax PhYSical Address: 5805 N. Lamar Blvd. Austin, Texas 78752 STEVEN McCRAW Director Office of Homeland Security RICK PERRY Governor JACK COLLEY Chief December 19, 2008 Chief Financial Officer La Porte, City of 604 W. Fairmont Pkwy La Porte, TX 77571 RE: FEMA ~1791 -DR Hurricane Ike This warrant for $12,831.53, Warrant Number 118642490 is for disaster assistance and is associated with the above referenced disaster. These are federal funds (CFDA #97.036) from FEMA, passed through the Texas Department of Public Safety's Division of Emergency Management. If your organization has expenditures over $500,000 in federal funds within a fiscal year that began December 31, 2003 or later, you must have an audit done in accordance with the Single Audit Act Amendment of 1996 (OMS Circular A-133). Please share this letter with your FEMA grant coordinator. This letter concerns the following project ID number(s): Bundle# 28 PW 408 If you have any questions concerning the computation or audit requirements, please call Sally Flanders @ 512/424-5376. Sincerely, c/~ Loren Behrens Support Services Section Administrator ID~~~$ <llnntptro:Il~r llf'rt~.gfJX.;i:f...t~~t~:;';',?J:'<' ',... ...... : .... '.' ..' ....-..:....,...<./......?'".JREASUfl.'(WARRANT NO, "..11864Z490 DECEMBE.R 18, ZO.08, '.. . " 1Z1708 0092 405 99843512 17460015526 008 PAYING AGENCY: 512-424~Z060l"EXA~D~PART!1ENT OF PUBLIC SAFETY ':.-,.,".' "-.,-"-,- .",,-," ..::....:.:....- '-.->'-: .::":.".:'. 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No meeting on 4 owners (1 of which is dang b1dg) (2 of which are trusts) We have phoned them, placarded homes, uti!. billing, visited with neighbors CITY WIDE PERMITS ISSUED (lke damat!e beyond roof or fence) 616 permits issued 607 permits reviewed PERMIT HOURS 7 days a week, 10 hr days for 6 weeks Satellite office for 2 weeks Fee-waived permitting for Ike damage repair (continuing today) CONTRACTORS REGISTERED 500 number registered (13) local (no TDL and license) (registered by default due to insurance certificate already on file) 60% Regional (TDL and license plates) 40% Non-regional (TDL and license plates) DEBRIS CODE ENFORCEMENT (vacant properties only) Began 60 days after storm... Ongoing 85 cases 68 completed before November debris deadline (placed at road) 17 after deadline (our bid contractor is hauling to landfill) GRANT OPPORTUNITIES HMGP, ECON DEV. ORCAlCDBG, MAYORS STIMULUS (see attached matrix) B