HomeMy WebLinkAbout09-16-10 Regular Meeting and Public Hearing of La Porte Planning and Zoning Commission
Oath of Office
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OATH OF
OFFICE
I, Dottie Kaminski, do solemnly swear (or affirm), that I will faithfully execute the duties
of the office of Planning and Zoning Commission, of the City of La Porte, State of
Texas, and will to the best of my ability preserve, protect and defend the constitution and
laws of the United States and of this State and the Charter and ordinances of this City;
and I furthermore solemnly swear (or affirm) that I have not directly or indirectly paid,
offered, or promised to contribute any money, or valuable thing, or promised any public
office or employment, as a reward to secure my appointment or the confIrmation thereof.
So help me God ~ 0/ ~
Sworn to and subscribed before me this Jf day of NotlOrKb-er ,2010.
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MY """'''ISSION EXPIRES
Fetln8y 12, 8>13
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Notary Public in and for the
State of Texas
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PLEASE TYPE OR PRINT LEGIBLY
PROVIDE ALL REQUESTED INFORMATION
STATEMENT OF ELECTED/APPOINTED
OFFICER
(Pursuant to Tex. Const. art. XVI, *l(b), amended 2001)
I, Dottie Kaminski, do solemnly swear (or affirm), that I have not directly or
indirectly paid, offered, promised to pay, contributed, or promised to contribute any
money or thing of value, or promised any public office or employment for the giving or
withholding of a vote at the election at which I was elected or as a reward to secure
my appointment or confirmation, whichever the case may be, so help me God.
UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING
STATEMENT AND THAT THE FACTS STATED THEREIN ARE TRUE.
No\} I ~ ,20J 0
Date
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Affiant's Signature
'D\~\1c,t--t- L\ P4- ~
Position to Which Elected/Appointed
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City and/or County
Form No. 2201
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OATH OF
OFFICE
I, Danny Earp, do solemnly swear (or affirm), that I will faithfully execute the duties of
the office of Planning and Zoning Commission Alternate 1, of the City of La Porte, Stat
of Texas, and will to the best of my ability preserve, protect and defend the constitution
and laws ofthe United States and of this State and the Charter and ordinances of this
City; and I furthermore solemnly swear (or affirm) that I have not directly or indirectly
paid, offered, or promised to contribute any money, or valuable thing, or promised any
public office or employment, as a reward to secure my appointment or the confIrmation
thereof. So help me God. Q ~
Sworn to and subscribed before me this 11- day of JU~~~if ,2010.
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SttAtttO~CHEN
MY cal~ EXPflES
febn8J 12, 2013
Notary Public in and for the
State of Texas
PLEASE TYPE OR PRINT LEGIBLY
PROVIDE ALL REQUESTED INFORMATION
STATEMENT OF ELECTED/APPOINTED
OFFICER
(pursuant to Tex. Const. art. XVI, *l(b), amended 2001)
I, Danny Earp, do solemnly swear (or affirm), that I have not directly or
indirectly paid, offered, promised to pay, contributed, or promised to contribute any
money or thing of value, or promised any public office or employment for the giving or
withholding of a vote at the election at which I was elected or as a reward to secure
my appointment or confirmation, whichever the case may be, so help me God.
UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING
STATEMENT AND THAT THE FACTS STATED THEREIN ARE TRUE.
~(J1I /8,;L0 10
Date
q~Signature
J)N l. &:: fJ'4- 'L
Position to Which Elected/Appointed
L'~~IO~
City and/or County
Form No. 2201
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OATH OF
OFFICE
I, Lou Ann Martin, do solemnly swear (or affirm), that I will faithfully execute the duties
of the office of Planning and Zoning Commission, of the City of La Porte, State of
Texas, and will to the best of my ability preserve, protect and defend the constitution and
laws of the United States and of this State and the Charter and ordinances of this City;
and I furthermore solemnly swear (or affirm) that I have not directly or indirectly paid,
offered, or promised to contribute any money, or valuable thing, or promised any public
office or employment, as a reward to secure my appointment or the confirmation thereof.
So help me God.
Sworn to and subscribed before me this _ day of
,2010
Notary Public in and for the
State of Texas
j:=~
PLEASE TYPE OR PRINT LEGIBLY
PROVIDE ALL REQUESTED INFORMATION
STATEMENT OF ELECTED/APPOINTED
OFFICER
(Pursuant to Tex. Const. art. XVI, *1(b), amended 2001)
I, Lou Ann Martin, do solemnly swear (or affirm), that I have not directly or
indirectly paid, offered, promised to pay, contributed, or promised to contribute any
money or thing of value, or promised any public office or employment for the giving or
withholding of a vote at the election at which I was elected or as a reward to secure
my appointment or confirmation, whichever the case may be, so help me God.
UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING
STATEMENT AND THAT THE FACTS STATED THEREIN ARE TRUE.
Date
Affiant's Signature
Position to Which Elected/Appointed
City and/or County
Form No. 2201
Minutes
Planning and Zoning Commission
Minutes of September 16, 2010
Members Present:
Hal Lawler, Les Bird, Dottie Kaminski, Paul Berner, Doretta Finch, Kirby
Linscomb Jr., and David Janda (Alt 1).
Members Absent:
Richard Warren 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:
1. Call to Order.
Meeting called to order by Chairman Hal Lawler at 6:00 p.m.
2. Consider Approval of the August 19, 2010, regular meeting minutes.
Motion by Les Bird to approve the regular meeting minutes of August 19, 2010. Second by Paul
Berner. The Motion carried.
Ayes:
Hal Lawler, Les Bird, Dottie Kaminski, Paul Berner, Doretta Finch, Kirby
Linscomb Jr., and David Janda (Alt 1).
None
None
Nays:
Abstain:
3. Open public hearing to receive public input for proposed Zoning Ordinance amendments,
pertaining to the use of shipping containers as accessory structures in Large Lot
residential (LL), General Commercial (GC), Business Industrial (BI), and Light Industrial
(L1) zoning districts.
Chairman Hal Lawler opened the public hearing at 6:03 pm.
A. Staff Presentation
Masood Malik, City Planner, gave staff's report. The use of shipping containers as
accessory storage structures has prompted aesthetic concerns in the City. The Planning
and Zoning Commission and City Council have chosen to prohibit their use except in
industrial zoning districts. Staff has received several requests for the use of shipping
containers when modified to blend with the primary structure or with a cover/shell around it.
This issue was discussed at the City Council retreat earlier this year. City Council directed
staff to develop standards/specifications for the conversion of shipping containers to
accessory structures when they meet elevation and building code requirements and review
with the Planning and Zoning Commission.
Existing provisions of shipping containers usage was presented during a workshop meeting
with the Planning and Zoning Commission. The Commission discussed proposed
requirements, aesthetic considerations and zoning districts appropriate for its use as an
accessory structure.
Proposed standards and specifications for shipping containers as an accessory structure are
as follows:
1. It shall comply with all yard setbacks.
2. No larger than 350 square feet and no more than one container may be located at site. In
case of Light Industrial (L1) and Business Industrial (BI) zoning districts, 1 container per 3
acres and maximum of 3 containers per site shall be permitted.
3. Overall lot coverage shall not exceed those applicable to the subject zoning districts.
4. Containers shall not be stacked.
Planning and Zoning Commission
Minutes of September 16,2010
Page 2 of 3
5. Structure must have a minimum 3/12 pitched composition shingled roof or other material
approved by the Director.
6. All sidings shall be covered with hardy plank, or other material approved by the Director.
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 architecturally and aesthetically complimentary 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 of all items required herein is the sole responsibility of the owner.
12. Failure to comply with these provisions will cause removal of the container from the
property at the owner's expense.
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.
B. Proponents
1. Dick Wright of La Porte Feed & Supply, located at 127 N. 18th Street, asked the
Commission to help him stay in compliance and consider their use for business when
making a decision. Mr. Wright informed the Commission, the container is used to
store hay. The container has been covered with a pitched roof and front porch to
match the Feed Store.
2. Phillip Hoot of 927 Seabreeze, spoke in favor of containers in LI & HI.
3. Chuck Rosa of 812 S. Virginia Street, spoke in favor of shipping containers city-wide.
Mr. Rosa researched California Counties for their Zoning of shipping containers and
reported to Commission. Mr. Rosa does not feel the need to anchor the containers.
4. Phillip Hoot of 927 Seabreeze, informed Commission, containers do get stolen and
need to be in a secured area.
C. Opponents
There was none.
D. Proponents Rebuttal
There was none.
4. Close public hearing
Chairman Hal Lawler closed the public hearing at 6:56 pm.
5. Consider recommendation to City Council regarding proposed Zoning Ordinance
amendments related to the use of shipping containers as accessory structures.
Motion by Paul Berner to recommend to City Council the flowing Zoning Ordinance amendments
related to the use of shipping containers as accessory structures:
1. It shall comply with all yard setbacks.
2. "No Larger than 350 square feet and no more than one container may be located at a site, except in
B.1. & L.I where one container may be located for every 3 acres or correction thereof to a maximum
of 3 containers."Overalllot coverage shall not exceed those applicable to the subject zoning districts.
3. Containers shall not be stacked.
4. Structure must have a minimum 3/12 pitched composition shingled roof or other material
approved by the Director.
5. All sidings shall be covered with hardy plank, or other material approved by the Director. The
doors may remain uncovered.
Planning and Zoning Commission
Minutes of September 16, 2010
Page 3 of 3
6. 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.
7. Structure shall be architecturally and aesthetically complimentary with the primary building.
8. A building permit shall be applicable prior to installation.
9. 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.
10. Maintenance of all items required herein is the sole responsibility of the owner.
11. Failure to comply with these provisions will cause removal of the container from the property at
the owner's expense.
Second by Les Bird. Motion carried.
Ayes:
Hal Lawler, Les Bird, Dottie Kaminski, Paul Berner, Doretta Finch, Kirby
Linscomb Jr., and David Janda (Alt 1).
None
None
Nays:
Abstain:
6. Administrative Reports
· Approval of the FY 10-11 budget.
· Comprehensive Plan update
. Hike/Bike Trail near completion.
· Harris County will be mobilizing Fairmont Parkway from SH146 to 16th Street.
7. Commission Comments
There was none.
8. Adjourn
Chairman Hal Lawler adjourned the meeting at 7:58 pm.
:W~
Shannon Green
Planning Assistant
Approved on this Ig day of ~e.ttA b-cfl- , 2010.
~~~
Vice Chairperson, Planning and Zoning Commission
Beverage Mart
@
2301 Underwood Road
Special Conditional Use Permit #SCUIO-OOl
Exhibits
A. Staff Report
B. Area Map
C. Draft SCUP
D. Previous Site Plan
E. Public Notice Response
Staff Report
Novemberl8,2010
ReQuested by:
ReQuested for:
Location:
Zonine::
Proposed Use:
Backe:round:
Analvsis:
Beverage Mart
Special Conditional Use Permit #SCUI0-00l
Shane Laurent
0.732 acre tract out of 3.072 acre commercial Reserve AI, Block 14,
Creekmont Section 2, W. M. Jones Survey, A-482, La Porte, Harris County,
Texas.
2301 Underwood Road
General Commercial (GC)
Retail Beverage Mart - a drive through facility
Applicant is working towards converting an existing 5,000 sq. ft. metal
building to a drive-through retail beverage mart at 2301 Underwood Road.
The property is zoned General Commercial (GC). Per Section 106-441,
Table A, Commercial Uses of the Code of Ordinances, "drive-in or drive
through facilities as an accessory or principle use" is classified as a
'Conditional Use' in GC zoning districts.
The reason some uses are conditional in GC zones is that in certain
instances the Commission may feel that a use may be appropriate if further
conditions are considered on a case-by-case basis.
Staff reviewed this request using the Code of Ordinances Sections 106-216,
106-217 (pertains to SCUP), all applicable elements of the La Porte
Comprehensive Plan, Development Ordinance, and Code of Ordinances
(Chapter 106) as a guide. Considerations were given to the following issues:
. Character of the surrounding and adjacent properties;
. Existing use of nearby properties, and the extent to which a land use
classification would be in harmony with such existing uses or the
anticipated use of the properties;
. Suitability of the property for the uses to which would be permissible,
considering density, access and circulation, adequacy of public facilities
and services, and other considerations;
. Extent to which the designated use of the property would harm the value
of adjacent land uses;
. Extent to which the proposed use designation would adversely affect the
capacity or safety of that portion of road network influenced by the use;
. Extent to which the proposed use designation would permit excessive
air, water or noise pollution, or other environmental harm on adjacent
land use designations; and,
. The gain, if any, to the public health, safety, and welfare due to the
existence of the land use designation.
Beverage Mart
SCUlD-DDI
Land Use - The City's Land Use Plan shows this area developing with
commercial uses. The subject property is in the vicinity of residential
subdivision (Creekmont) and commercial developments along Underwood
Road. The existing land uses are primarily commercial, e.g. businesses
along Underwood Road and vicinity are auto sales, car wash, restaurants
and mini-warehousing etc.
Transportation - Underwood Road, an arterial with 100' right-of-way runs
between Fairmont Parkway and State Highway 225. The transportation
system should adequately accommodate through traffic and continue to
provide free flow of people, goods and services. There will be no new
driveway added to this facility. The traffic flow within and between
neighborhoods and throughout the community should not be affected by the
proposed development.
Utilities and Drainage - Staff reviewed existing facilities and services for
each of the components of the utility system for the proposed development.
Existing water is adequate for potable and fire protection needs. Sanitary
sewer is available to the property.
As a developed property, storm drainage sheet flows to Underwood Road.
Previous development site plan required the installation of on-site storm
sewer inlets outfalling into storm manhole along Underwood Road. This has
not been implemented at site. Upon review, proposed development may
require on-site detention/retention with the planned outfall to a nearby
storm manhole along Underwood Road.
Open SpacefLandscaping - The property abuts residential uses to the rear.
Original site plan required 'landscaping & screening' along rear property
line. Currently, no landscaping exists, however, slats in the fence have been
installed. In addition, site plan required a front landscaping area to include
"red tips" on 24-inch spacing. These shrubs have not been planted at site.
Tree line in the rear creates a buffer between commercial and residential
uses. Staff suggests shrubs to be planted along front and side yards of the
facility.
Parking - Parking spaces do not match with the layout of previously
approved site plan. Additional parking spaces have been added along with
other concrete/impervious surface to the site.
Sidewalk & Fence - Sidewalk needs to be installed to match with existing
sidewalk on adjacent property. Currently, the property has an illegal front
yard fence. Fence is not allowed within the front yard setback (20') of any
commercial establishment per Section 106-797(2) of the Code of
Ordinances.
Beverage Mart
SCUl 0-00 I
Conclusion:
Based on the facts and considerations presented above, if the Planning and
Zoning Commission wishes to consider approval of this Special Conditional
Use Permit, staff suggests the following conditions as a minimum be added:
1. SCUP#IO-OOI is specifically limited to the proposed development of
Beverage Mart at 2301 Underwood Road.
2. This permit does not become valid until a Certified Development Site
Plan is submitted to the City; reviewed and approved in accordance
with the requirements of the Development Ordinance.
3. Drainage system shall be applied in accordance with the approved site
plan.
4. Parking/striping shall be removed from front to accommodate drive
through vehicles. Required parking shall be provided to the south side
of the property.
5. All lighting in the parking lot shall be hooded and arranged to deflect
light away from the adjacent residential properties in compliance with
Section 106-521(a) of the Code of Ordinances.
6. Proper traffic control signage shall be installed at existing driveways
denoting south driveway as entrance and north driveway as exit only.
7. Owner shall remove front yard fence installed illegally along the front
of the property.
8. Owner shall be responsible to install sidewalk to match with the
adjacent property.
9. Front and side landscape areas need to include 'Waxleaf Ligustrum' at
36" spacing.
10. All new signage shall require a separate permit from the City's
Inspections Division.
II. A 10'utility easement along the north property line and an 8' utility
easement along the east property line shall be kept clear of any gravel,
asphalt and/or concrete surface.
12. The Developer shall comply with all other applicable laws and
ordinances of the City of La Porte and the State of Texas.
Options available to the Commission are:
· Recommend to Council approval of this SCUP with above conditions by
the staff.
· Recommend to Council approval of this SCUP with additional
conditions by the Commission.
· Recommend to Council denial of this SCUP.
· Table this item for further consideration by the Commission.
Planning and Zoning Commission
November 18, 2010
Page 2 of 2
11. Commission Comments
A. Matters appearing on agenda
B. Inquiry of staff regarding specific factual information or existing policy
12. Adjourn
A quorum of City Council members may be present and participate in discussions during this meeting, however,
no action will be taken by Council.
This facility has disability accommodations available. Requests for accommodations or interpretive services at
meetings should be made 48 hours prior to this meeting. Please contact the City Secretary's office at 281-471-
5020 or TDD line 281-471-5030,/or further information.
Martha Gillett, TRMC
City Secretary
Date Posted
Draft
City of La Porte
Special Conditional Use Permit # SCU10-001
This permit is issued to:
Shane Laurent
Owner or Agent
2301 Underwood Road La Porte. TX 77571
Address
For Development of:
Beveraae Mart
Development Name
2301 Underwood Road. La Porte. TX 77571
Address
Legal Description:
0.732 acre tract out of 3.072 acre Commercial Reserve A1. Block 14
Creekmont Subdivision. Section 2. W. M. Jones Survey, Abstract No. 482.
City of La Porte. Harris County. Texas.
Zoning:
General Commercial (GC)
Use:
Retail Beverage Mart - a drive through facility
Permit Conditions:
1. SCUP#10-001 is specifically limited to the proposed development of Beverage Mart at 2301 Underwood Road.
2. This permit does not become valid until a Certified Development Site Plan is submitted to the City; reviewed and
approved in accordance with the requirements of the Development Ordinance.
3. Drainage system shall be applied in accordance with the approved site plan.
4. Parking/striping shall be removed from front to accommodate drive through vehicles. Required parking shall be provided
to the south side of the property.
5. All lighting in the parking lot shall be hooded and arranged to deflect light away from the nearby residential properties in
compliance with Section 106-521 (a) of the Code of Ordinances.
6. Proper traffic control signage shall be installed at existing driveways denoting south driveway as entrance and north
driveway as exit only.
7. Owner shall remove front yard fence installed illegally along the front of the property.
8. Owner shall be responsible to install sidewalk to match with the adjacent property.
9. Front and side landscape areas need to include 'Waxleaf Ligustrum' at 36-inch spacing.
10. All new signage shall require a separate permit from the City's Inspections Division.
11. A 10'utility easement along the north property line and an 8' utility easement along the east property line shall be kept
clear of any gravel, asphalt and/or concrete surface.
12. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas.
Failure to begin construction within one (1) year after issuance or as scheduled under the terms of a special
conditional use permit shall void the permit as approved, except upon an extension of time granted after
application to the Planning and Zoning Commission.
If construction is terminated after completion of any stage and there is ample evidence that further development is
not contemplated, the ordinance establishing such Special Conditional Use Permit may be rescinded by the City
Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of
La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped.
Validation Date:
Director of Planning
City Secretary
Zoning Ordinance Amendments
P&Z
Membership and Structure
Exhibits
A. Staff Report
B. Draft Ordinance
Staff Report
November 18, 2010
P&Z Membership and Structure
Zoning Ordinance Amendment
Background
City Council discussed converting the two alternate member positions to regular members
of the Planning and Zoning Commission. This would expand the Commission to nine
members, a member from each of six council districts, a member for each of the two at-large
positions (At-Large A and At-Large B), and a member for the Mayoral seat as a Chairman.
The draft amendments to the Ordinance are attached for your consideration. Because this
action is considered an amendment to Sections 106-62 & 106-63 of the Code of Ordinances,
a public hearing is required in accordance with the provisions of Section 106-171 of the
Code of Ordinances and in compliance with the provisions of the Texas Local Government
Codes.
The Commission's recommendation will be forwarded to City Council for consideration.
Action by the Commission
1. Discuss the issue
2. The Commission may elect to:
. Recommend to Council, approval of the said amendments pertaining to
the membership of the P&Z.
. 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.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE II.
"ADMINISTRATION", DIVISION 2. "BOARDS AND COMMISSIONS", SUBDIVISION
II "PLANNING AND ZONING COMMISSION", SECTION 106-62 "MEMBERSHIP
AND STRUCTURE" AND SECTION 106-63 "GENERAL PROCEEDINGS", TO
CHANGE LA PORTE PLANNING AND ZONING COMMISSION ALTERNATE
MEMBER POSITIONS TO REGULAR MEMBER POSITIONS; PROVIDING A
REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE, TEXAS:
Section 1: That Chapter 106, "Zoning," Article II. "Administration", Division 2 "Boards and
Commissions", Subdivision II "Planning and Zoning Commission", Section 106-62
"Membership and Structure," of the Code of Ordinances, La Porte, Texas, is hereby amended to
read as follows:
"Sec. 106-62. Membership and structure.
v;ho arc resident citizens and qualified voters of the city. The
term of the six members from the six council districts shall coincide with the term of office
of the councilperson for the said district. The term of office for each indhridual alternate
rGll'g~ members~~l~ coincide with the term of office of mouncilperson A and
(3ouncilperson ]\t;;110arge B, respectively. The term of office for the chairman shall coincide
with the term of office of the Mayor of the City. Vacancies shall be filled for the unexpired
term of any member whose position becomes vacant for any cause in the same manner as the
original appointment was made.
Each district member who is appointed shall be a resident of the district from which
he is appointed at the time of his appointment and continuously throughout his/her
tenure in office.
(c) The term of each member shall terminate on August 30 of the year in which the term
expires, or when his/her successor has been appointed and qualified.
(d) The planning and zoning commission shall elect a vice-chairman from its
membership. excluding including the two alternates at large members."
(e) Thc two altcrnatc at large members are required to attend all meetings in the samc
manncr as all district members of the commission. Altcrnatc members shall not ';ote unless
filling an abscncc of a district mcmber or the chairman.
Section 2: That Chapter 106, "Zoning," Article II. "Administration", Division 2 "Boards and
Commissions", Subdivision II "Planning and Zoning Commission", Section 106-63 "General
Proceedings," of the Code of Ordinances, La Porte, Texas, is hereby amended to read as follows:
"Sec. 106-63. General proceedings.
The City Rlanning and Zoning Commission shall adopt rules, regulations and bylaws to
govern its proceedings; provided that such rules shall not be inconsistent with this section or the
laws of the state. All meetings of the Qity Planning and Zoning Qommission shall be open to the
public. members of the Gity Planning and Zoning Qommission shall constitute a
quorum for the transaction of business."
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. 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 6. This Ordinance shall be effective after its passage and approval.
PASSED AND APPROVED this the
day of
,2010.
2
CITY OF LA PORTE
By:
Louis R. Rigby
Mayor
ATTEST:
City Secretary
APPROVED:
Assistant City Attorney
3