HomeMy WebLinkAbout07-15-10 Regular Meeting, Public Hearing and Workshop Meeting of La Porte Planning and Zoning Commission
Minutes of the Meeting
Planning and Zoning Commission
Minutes of July 15, 2010
Members Present:
Dottie Kaminski, Paul Berner, Doretta Finch, Richard Warren, Kirby Linscomb Jr.,
and David Janda (Alt 1).
Members Absent:
Hal Lawler, Les Bird, and Lou Ann Martin (Alt 2).
City Staff Present:
Planning Director, Tim Tietjens; City Planner, Masood Malik; City Attorney, Clark
Askins; and Planning Assistant; Shannon Green.
Others Present:
Councilman Zemanek
1. Call to Order.
Meeting called to order by Vice Chairperson Dottie Kaminski at 6:01 p.m.
2. Consider Approval of the June 17, 2010, regular meeting minutes.
Motion by Doretta Finch to approve the regular meeting minutes of June17, 2010. Second by
Richard Warren. The Motion carried.
Nays:
Abstain:
Dottie Kaminski, Paul Berner, Doretta Finch, Richard Warren, Kirby Linscomb Jr.,
and David Janda (Alt 1).
None
None
Ayes:
3. Open Workshop to discuss on-premises and off-premises signs requirement within the
Main Street District/Overlay.
Vice Chairman Dottie Kaminski opened the workshop at 6:03 pm.
City Planner Masood Malik presented staffs report and described goals & objectives of the Main
Street District over1ay sign regulations
. Shared a list of pre-existing & nonconforming signs and.
. Shared a power point presentation of pre-existing & nonconforming signs.
Planning & Zoning Commission established a Sign Sub-Committee to review sign regulations for
the Main Street District over1ay. Recommendations of the Sign Sub-Committee are summarized
as follows:
. Pre-existing, non-conforming signs listed here are considered legal, grandfathered
and may continue as such in accordance with the specifications, regulations and
contributions of this ordinance.
. These signs are exempted from the terms, conditions & effects of Section 106-262 &
106-871 (e).
· Pre-existing, non-conforming signs may be repaired, maintained but may not be
enlarged.
. Controlled access corridor signs shall be maintained as per provision of Section 106-
876 (3) (d) (e).
. New signs shall be a monument or ground sign not to exceed 8' in height from the
ground to the top ofthe sign.
. All murals on the exterior surface of any building require a permit.
. An approved sign design may be eligible for the Main Street Incentive
Reimbursement Grant Fund.
The Committee also agreed with proposed amendments to Section 106-875 pertaining to off
premises signs as presented by staff.
In addition, staff presented the following options for the removal of non-conforming signs:
a. Amortization
Planning and Zoning Commission
Minutes of July 15, 2010
Page 2 of 3
b. Extend Useful Life & Tennination
c. Abandonment
Staff asked guidance from the commiSSion that in addition to the sub-Committee's
recommendations; if the above option could be considered.
The commission voiced concern with the documentation showed during the presentation and why
it was not in the packet.
Tim Tietjens assured Commission the items were in the packet in a different fonnat for
presentation purposes.
Vice Chainnan Dottie Kaminski invited citizens to speak on the sign ordinance.
a) Rhonda Lunsford of 201 E Main Street, voiced concern with the amortization. Who will
detennine the life of the sign?
b) Debbie Gallington of 811 Oak Leaf, Unsure of the scope of what Commission is trying to
do. Ms. Gallington is not a Main Street businessowner at this time.
c) John Nolan of 2819 E Street, voiced his concern to save the gas station sign. Mr. Nolan
felt it goes with the character of the building and is historical. Mr. Nolan spoke of his
distrust with the City Planning Department.
d) Leo Suarez of 308 W. Main, asked if he could repair the existing sign on his property.
e) Paul Larson of La Porte asked the city Staff to take a class on Historical value and
downtowns.
1) Chuck Rosa 812 S. Virginia, spoke against a sign ordinance.
After discussion, the Commission agreed with the recommendations of the subcommittee to
consider all signs as grandfathered and turned down other options, Le., amortization or extended
useful life period, offered by staff. The Commission asked staff to draft an ordinance with the
suggested changes and bring to the next Planning and Zoning Commission meeting for a Public
Hearing.
Motion by Paul Berner to ensure the following amendments are included:
(a) Any nonconfonning signs listed at the following locations existing as of the effective date of
this ordinance are considered legal, grandfathered, and may continue as such in accordance
with the specifications, regulations, and conditions of this ordinance:
1. 101 E. Main
2. 201 E. Main
3. 115 W. Main
4. 208 W. Main
5. 306 W. Main
6. 521 W. Main
7. 616 W. Main
8. 718 W. Main
9. 820 W. Main
10. 105 Highway 146 S
11. 117 Highway 146 S
12. 120 Highway 146 N
(b) These signs are exempted from the tenns, conditions, and effects of Sections 106-262 and
106-871 (e).
L Pre-existing signs may be repaired, maintained but may not be enlarged. All signs & sign
support structures shall be maintained in a clean, safe and good working condition.
Planning and Zoning Commission
Minutes of July 15, 2010
Page 3 of3
(e.)AII murals painted on the exterior surface of any building fa~de must first go through the
permitting procedure. Murals must be visually appealing and enhance the historic downtown
district.
4. Close Workshop
Vice Chairperson Dottie Kaminski closed the workshop.
5. Administrative Reports
There was no report.
6. Commission Comments
There were no comments.
7. Adjourn
Vice Chairperson Dottie Kaminski adjourned the meeting at 7:20.
annon Green
Planning Assistant
Approved on this ---1.1- day of ~ ' 2010.
f0J~ ~v~
Dottie Ka InS~
Vice Chairperson, Planning and Zoning Commission
Main Street District/Overlay
Sign Regulations
Exhibits
A. Staff Report
B. Area Map
C. Draft Ordinance
D. Public Notice Response
Staff Report
August 19, 2010
Main Street District/Overlay
Sign Regulations
Background:
The Planning and Zoning Commission, at their March 24, 2010, meeting, held a public
hearing to receive citizen comments regarding on and off-premise signs in the Main Street
District and Overlay. At the conclusion of the public hearing, the Planning and Zoning
Commission forwarded the proposal to City Council for action.
On April 26, 2010, City Council held a public hearing to consider the sign ordinance for the
Main Street District and Overlay. The Council voted to table the public hearing and any
action until their first meeting in June. Intent was to provide an opportunity for the business
owners in the Main Street District/ Overlay to participate in the planning process.
Subsequently, a town hall meeting was held on May 19, 2010, at the Old City Hall. Main
Street business owners participated and voiced their concerns about possible changes to the
sign ordinance related to on and off-premise signs within the Main Street District/Overlay.
Most of those providing testimony wanted Council to consider all existing signs as
conforming to the current ordinances as proposed regulations are too restrictive and
inflexible particularly in an area such as the Main Street District.
At the June 14, 2010 City Council meeting, proposed regulations were sent back to the
Planning and Zoning Commission for further review. The Planning and Zoning Commission
at their June 17, 2010, meeting, established a subcommittee to review the sign ordinance for
the Main Street District/Overlay.
Planning and Zoning Commission at the July 15,2010, meeting, held a joint workshop with
the Main Street Sign Subcommittee to review the proposal. The highlights of the proposed
amendments are as follow:
. All nonconforming signs listed at locations existing as of the effective date of this
ordinance are considered legal, grandfathered, and may continue as such in
accordance with the specifications, regulations, and conditions of this ordinance.
· These signs are exempted from the terms, conditions, and effects of Sections 106-
262.
· Pre-existing signs may be repaired and/or maintained, but may not be enlarged.
. Controlled Access Corridor signs shall be maintained as per provisions of
Section 106-874 (3) (a) (b) (d) & (e).
Planning & Zoning Commission
August 19,2010
Page 2 of2
. New signs shall be a monument or ground sign that does not exceed eight feet (8') in
height from the ground to the top of the sign.
. City approved sign design may be eligible for City participation under the "Main
Street Incentive Reimbursement Grant Fund."
In addition, proposed regulations for off-premises (projection/awning) signs within the
right-of-way of Main Street are delineated in Section 106-875 of the Code of Ordinances.
The Commission directed staff to develop a recommendation based on the subcommittee's
input, clarify some of the above provisions, and arrange a public hearing for the next
meeting. A draft ordinance is attached for the Commission's review and consideration.
Action by the Commission
1. Discuss the issues
2. The Commission may elect to:
. Recommend to Council, approval of the above amendments pertaining to the
sign regulations of the ordinance.
. Recommend to Council, approval of a revised version of the above stated.
. Recommend to Council, denial of the proposed amendments.
. Table this item for further consideration by the Commission.
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ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE VII. "SIGNS"
SECTION 106-874 "ON-PREMISE SIGNS", TO ALLOW INSTALLATION OF ON-
PREMISE MONUMENT OR GROUND SIGNS FOR BUSINESSES THAT HAVE A
CURRENT ON-PREMISE, FREESTANDING SIGN IN THE MAIN STREET DISTRICT
AND OVERLAY; AND BY AMENDING SECTION 106-875"OFF-PREMISES SIGNS",
REGARDING STANDARDS FOR OFF-PREMISES SIGNS WITHIN THE RIGHT-OF-WAY
OF WEST MAIN STREET PORTION OF THE MAIN STREET OVERLAY; PROVIDING A
REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON
VIOLA TING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A
MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO
EXCEED TWO THOUSAND DOLLARS ($2,000); 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, TEXAS:
Section 1: That Chapter 106, "Zoning," Article VII. "Signs" Section 106-874 "On-premises
signs," of the Code of Ordinances, La Porte, Texas, subsection "a", Freestanding on-premises
signs", is hereby amended by adding new paragraph "5", which shall be added in proper
numerical sequence and shall read as follows:
(5) MS Overlay and District
a. Pre-existing. nonconforming signs listed at the following locations within the overlay and
Main Street District existing as of the effective date of this ordinance are considered legal.
grandfathered. and may continue as such in accordance with the specifications. regulations.
and conditions of this ordinance. The City accepts no liability for any damages to any signs
within public right-of-way or easement. The City also reserves the rights to enter into.
maintain. and utilize all common use public utility easements and public rights-of-way to
promote the health. safety. morals or general welfare of the community and the safe.
orderly. and healthful development of the City.
1. 101 E. Main
2. 201 E. Main
3. 115 W. Main
4. 208 W. Main
5. 306 W. Main
6. 521 W. Main
7. 616 W. Main
8. 718 W. Main
9. 820 W. Main
10. *107 N. 8th Street
11. * 105 Highway 146 S
12. * 117 Highway 146 S
13. *120 Highway 146 N
b. Pre-existing, nonconforming signs listed in Section (a) above are exempted from the
terms, conditions, and effects of Sections 106-262. An inventory of such pre-existing
signs will be required to document existing specifications, i.e. height, face, size, and other
dimensional measurements.
i. Pre-existing signs may be repaired, maintained but may not be enlarged.
ii. All signs and sign support structures shall be maintained at all times in a state of
good repair. The sign components shall be reasonably free of rust. painted if
needed, and structurally sound.
111. *Controlled Access Corridor signs on properties within the Main Street
District/Overlay that have frontage along State Highway 146 shall be maintained
as per provisions of Section 106-874 (3)(a)(b)&(e). In addition, signs on other
properties within Main Street District/Overlay between SH 146 and 8th Street
shall be maintained as per provision of Section 106-874 (3)(a)(b)&(d).
c. Any new on-premises freestanding signs shall be a monument or ground sign that does
not exceed eight feet (8') in width and height from the ground to the top of the sign.
(Note: In accordance with Section 106-878(b)(2), sign not exceeding 8' in height do not
have to be engineered.)
d. A City permit shall be required prior to any new signage.
e. A City approved sign design may be eligible for City participation under the
Main Street Incentive Reimbursement Grant Funds."
Section 2: That Chapter 106, "Zoning," Article VII. "Signs" Section 106-875 "Off-premises
signs," subsection "c", of the Code of Ordinances, La Porte, Texas, is hereby amended to read as
follows:
(c) }JI off premises signs shaH be constructed '?lith a single steel support pole.
"(c) Off-premises signs within the right-of-way may be attached to the face of the building and
project into the West Main Street portion of Main Street Overlay as follows:
1. Minimum seven (7) foot clearance with maximum eight (8) feet clearance (grade to bottom of
sign).
2. Maximum four (4) foot encroachment/projection into the right-of-way.
3. Maximum sign face of sixteen (16) square feet.
4. Maximum of one (1 ) projection sign per business allowed.
5. Completed Right-of-Way License Agreement with the City."
2
Section 3: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are
hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 4: Should any section or part of this ordinance be held unconstitutional, illegal, or
invalid, or the application to any person or circumstance for any reasons thereof ineffective or
inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or
part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such
remaining portion or portions, the same shall be and remain in full force and effect and to this
end the provisions of this ordinance are declared to be severable.
Section 5. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any
provision of this ordinance as codified in the Code of Ordinances herein, shall be deemed guilty
of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO
THOUSAND DOLLARS ($2000.00).
Section 6. The City Council officially finds, determines, recites and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council is posted at
a place convenient to the public at the City Hall of the city for the time required by law
preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has
been open to the public as required by law at all times during which this ordinance and the
subject matter thereof has been discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the contents and posting thereof.
Section 7. This Ordinance shall be effective fourteen (14) days after its passage and approval.
The City Secretary shall give notice of the passage of this ordinance by causing the caption
hereof to be published in the official newspaper of the City of La Porte at least once within ten
(10) days after the passage of this ordinance, in accordance with the provisions of Chapter 52,
Texas Local Government Code, and the City of La Porte Charter.
PASSED AND APPROVED this the
day of
,2010.
CITY OF LA PORTE
By:
Mayor
ATTEST:
City Secretary
APPROVED:
3
Assistant City Attorney
4
Workshop
Shipping Containers
Exhibits
A. Staff Report
B. Area Map
C. Draft Ordinance
Staff Report
August 19,2010
Shipping Containers as Accessory Building/Structure
Workshop (Contd.)
Background:
During the May 20 and June 17, 2010, Planning and Zoning Commission workshop
meetings, staff gave a presentation on the existing provisions of shipping container usage.
The purpose of the extended workshop is to discuss specifications and if shipping
containers would be allowed to be used as an accessory building/structure with a
cover/shell around it. Overall discussion is regarding proposed requirements, aesthetic
considerations and zoning districts appropriate for its use as an accessory building.
The Commission directed staff to return with another workshop, develop proposed
standards/specifications for non-residential zoning districts and generate a map showing
location of shipping containers specifically in the Light Industrial (LI) zoning districts.
Analysis:
Common types of shipping container usage are as follows:
a. Cargo Containers
b. Accessory building/structures
c. Mobile tools/equipment supply
a. Shipping /cargo container used to transport goods on trucks/ships - applicable use
and development regulations of the zoning district are described in Sections 106-521
& 106-522 of the City's Code of Ordinances. (Discussion not required)
b. Shipping Containers as an Accessory Building/Structure - the issue of how to regulate
shipping container used as a permanent accessory building or on-site storage. Shipping
container if on foundation or not is considered a building/structure and would require a
building permit.
· Attached accessory buildings/structures shall conform to the regulations applicable
to the primary building to which they are attached. Attached building s are defined
as any building sharing a common roof with primary structure, or attached to any
wall of the primary structure.
· Detached accessory buildings/structures shall be subject to the front, rear & side
yard setbacks, distance from other structures, and easements etc. Accessory
buildings must comply with the construction requirements, i.e. roofs, foundation,
exterior walls, building height, size limitations, number of buildings etc. proposed
standards and specifications are as follows:
1. It shall comply with all yard setbacks.
2. No larger than 200 square feet and no more than one container may be located at site.
3. Overall lot coverage shall not exceed those applicable to the subject zoning districts.
4. Containers shall not be stacked. .
Planning & Zoning Commission
Shipping Containers
Page 2 of2
5. An accessory building must have a pitched composition shingled roof or a metal roof
with a baked-on enamel finish.
6. All sidings shall be covered with hardy plank, or other approved non-metal material. The
doors may remain uncovered.
7. The building may be placed on the ground without a foundation provided that
building is anchored to the ground. This must be done to resist wind loads.
8. Structure shall be painted to blend with the primary building.
9. A building permit shall be applicable prior to installation.
10. Within 30 days of the issuance of a building permit, shipping container shall be
enclosed within a building or required components shall be attached to the frame of
the container.
11. Maintenance shall be required and is the sole responsibility of the owner.
12. Failure to comply with the permit conditions shall require compliance with the stated
conditions or removal of the container from the property at the owner's expense.
Shipping containers can be placed within a building and currently they are being
used as an accessory building/structure in the City's Large Lot residential, General
Commercial, Business & Light Industrial zoning districts.
c. The most common allowance for shipping containers as storage is when they are used
as temporary storage or mobile supply for construction equipment. Containers, that
are used by a contractor for storage of construction materials on site and which
remains on the constructor's office/facility only for the duration activity and/or
maintenance or repair purposes, are not required to obtain a building permit. These
short-term accessory use equipment storage containers are more commonly located in
industrial or commercial zoning districts than in residential areas. Therefore, in this
case would have more of an issue of aesthetics, which may be addressed by screening
requirements.
A draft ordinance is attached for the Commission's review.
Conclusion:
Staff suggests that the Planning and Zoning Commission forward their official position
for action by City Council on possible amendments to the Code of Ordinances.
Action by the Commission
1. Discuss the issues
2. The Commission may elect to:
~ Direct staff to develop recommendations based on P&Z input
~ Arrange a public hearing by next meeting
~ Make recommendations to City Council at the conclusion of a public hearing.
EXISTING CONTAINERS
IN II (liGHT INDUSTRIAL)
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1. 326 S. 16TH S1:
2. 114 S. 17TH ST.
3. 201 N. 16TH ST.
4. 201 N. 18TH ST.
5. 1300 W. ADAMS ST.
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6. 1500 W. B.C.B.
7. 631 N. 16TH S1:
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ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE V,
SUPPLEMENTARY DISTRICT REGULATIONS, DIVISION 2, ACCESSORY
BUILDINGS, USES, AND EQUIPMENT, SECTION 106-751, " SHIPPING
CONTAINERS", PROVIDING A REPEALING CLAUSE; CONTAINING A
SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE
SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL
BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000);
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, TEXAS:
Section 1: That Chapter 106, "Zoning," Article V. Supplementary District Regulations,
Division 2, "Accessory Buildings, Uses, and Equipment", Section 106-751, Shipping
Containers", of the Code of Ordinances, La Porte, Texas, is hereby amended as follows:
Sec. 106-751. Shipping containers.
a. Shipping containers may be used as temporary material storage facilities on construction
sites in all zoning districts except residential (R-I, R-2, and R-3). (Ord. No. 1501-11, ~ 7,3-27-00)
In addition, commercial construction allowed in residential zoning districts may use shipping
containers as temporary material storage facilities. (Note: Certificate of Occupancy shall not be
issued until shipping container is removed from the site.)
b. ShiVpinf! containers mav be used as an accessorv buildinf! in LL. GC, BI & LI zoning
districts. Accessorv building/structure shall be subiect to the following provisions and for
comvlving with all avvlicable vermit conditions:
J. It shall complv with all vard setbacks.
2. No larger than 200 square feet and no more than one container may be located at site.
3. Overall lot coverage shall not exceed those applicable to the sub;ect zoning districts.
4. Containers shall not be stacked. .
5. An accessory building must have a pitched composition shingled roof or a metal roof with a
baked-on enamel finish.
6. All sidings shall be covered with hardy plank. or other approved non-metal material. The doors
may remain uncovered.
7. The building may be placed on the ground without a foundation provided that building is
anchored to the ground per standard building codes.
8. Structure shall be painted to blend with the primary building.
9. A building permit shall be applicable prior to installation.
10. Within 30 days of the issuance of a building permit. shipping container shall be enclosed
within a building or required components shall be attached to the frame of the container.
11. Maintenance shall be required and is the sole responsibility of the owner.
12. Failure to comply with the permit conditions shall require compliance with the stated conditions
or removal of the container from the property at the owner's expense.
c. Shipping container as mobile supply tool/storage - owners of such containers used as
mobile suoolv storage are allowed to stage the unit at their operating business location provided
that the unit is screened from public view subject to the screening requirements per Section 106-
444 (a) (b) of the City's Code of Ordinances.
Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are
hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 3: Should any section or part of this ordinance be held unconstitutional, illegal, or
invalid, or the application to any person or circumstance for any reasons thereof ineffective or
inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or
part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such
remaining portion or portions, the same shall be and remain in full force and effect and to this
end the provisions of this ordinance are declared to be severable.
Section 4. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any
provision of this ordinance as codified in the Code of Ordinances herein, shall be deemed guilty
of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO
THOUSAND DOLLARS ($2000.00).
Section 5. The City Council officially finds, determines, recites and declares that a sufficient
written notice of the date, hour, place and subject of this meeting ofthe City Council is posted at
a place convenient to the public at the City Hall of the city for the time required by law
preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has
been open to the public as required by law at all times during which this ordinance and the
subject matter thereof has been discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the contents and posting thereof.
Section 6. This Ordinance shall be effective fourteen (14) days after its passage and approval.
The City Secretary shall give notice of the passage of this ordinance by causing the caption
hereof to be published in the official newspaper of the City of La Porte at least once within ten
2
(10) days after the passage of this ordinance, in accordance with the provisions of Chapter 52,
Texas Local Government Code, and the City of La Porte Charter.
day of
,2010.
PASSED AND APPROVED this the
CITY OF LA PORTE
By:
Mayor
ATTEST:
City Secretary
APPROVED:
Assistant City Attorney
3