HomeMy WebLinkAboutO-2006-2875
\"-~
,,~
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested March 13,2006
Requested By: Mayor Porter
Appropriation
Source of Funds:
Department:
Maygr alld Cit?, Cgllllcil
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Amount Requested:
Exhibits:
Letter From City Attornev
Orrlinanl'P ! gM'~ -tj F1'OYY! (~~~y IY'fjf,
Budgeted Item: YES NO X
Exhibits:
SUMMARY & RECOMMENDATION
City Manager is recommending the City conduct a sales tax election on May 13,2006. Attached is a letter from the
City Attorney and an ordinance outlining the election would be for the adoption of a local sales and use tax in the
City of La Porte at the rate of one- fourth of one percent to provide revenue for maintenance and repair of municipal
streets.
Action Required bv Council:
Approve or deny ordinance approving a sales tax election to be held May 13, 2006.
A
\ 1-- 7 -- 0 j6
Date '
City of La Porte
Interoffice Memorandum
To:
Mayor & City Council
From:
Debra Brooks Feazelle, City Manager
Date:
March 6, 2006
Subject:
Election: Street Maintenance Sales Tax
MAR 0 6 2006
C;;l ""'; ;;;.
'~-.,: ,,'" ....,...
For the City Council Meeting on March 13th there will be an item follow-up for Street Maintenance Sales
Tax. The issue will be one of timing. For further information, please review the four attachments:
o Letter from Knox Askins re: Agenda Request for March 13, 2006 Meeting concerning proposition
of adopting a one-fourth of one percent sales and use tax for maintenance and repair of municipal
streets
o Memo from Martha Gillett re: November Sales Tax Elections
o Agenda Item from January 9,2006 Council Meeting regarding Street Maintenance Sales Taxes
o List of Potential Street Maintenance Projects from Steve Gillett
This is a heads up; if you have any questions, please advise.
DBFJdb
ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P.O. BOX 121B
LA PORTE, TEXAS 77572-1218
KNOX W. ASKINS
JOHN D. ARMSTRONG
CLARK T. ASKINS
TELEPHONE 281.471.1886
TELECOPIER 281.471.2047
K A SKINS@HOUSTON.RR.COM
.JOHN- A@SWBELL.NET
eTA SKINS@SWBELL.NET
February 27, 2006
Hon. Mayor & City Council
City of La Porte
City Hall
La Porte, Texas
Re: Agenda Request for March 13, 2006, Meeting
Gentlemen:
As requested by Ms. Feazelle, I have prepared and enclose herewith
form of ordinance calling a special election on May 13, 2006, on
the proposition of adopting a one-fourth of one percent sales and
use tax for maintenance and repair of municipal streets.
This election would be held pursuant to Chapter 327, Texas Tax
Code, a copy of which is attached to this letter.
The same schedule would be followed as provided for the in the
ordinance calling the election on the same date, for the election
of a Mayor and Councilpersons for Districts 2 and 3.
Monday, March 13, 2006, is the last date which this election may be
called for a May 13, 2006, election date. The next uniform
election date would be November 7, 2006. An election held on the
November date would have to be held using Harris County precincts
on the same day as the state and county general elections.
If City Council approves this ordinance on March 13, 2006, I will
immediately file an application with the U.S. Department of
Justice, Voting Rights Division, for preclearance of this special
election.
Y~tC!i4
Knox W. Askins
City Attorney
City of La Porte
()
.~
KWA: sw
Enclosure
cc: Ms. Debra Brooks Feazelle, city Manager
Mr. John Joerns, Assistant City Manager
Ms. Cynthia Alexander, Assistant City Manager
Ms. Martha A. Gillett, City Secretary
(-
"
\J
r-
.-- /
0.
~
ORDINANCE NO. 2006 - J. '(1 S
AN ORDINANCE CALLING A SPECIAL ELECTION IN THE CITY OF LA PORTE,
TO PERMIT VOTING FOR OR AGAINST THE PROPOSITION: "THE ADOPTION OF
A LOCAL SALES AND USE TAX IN THE CITY OF LA PORTE AT THE RATE OF
ONE-FOURTH OF ONE PERCENT TO PROVIDE REVENUE FOR MAINTENANCE AND
REPAIR OF MUNICIPAL STREETS" , DESIGNATING VOTING PRECINCTS AND
POLLING PLACES, PROVIDING FOR THE USE OF VOTING MACHINES,
PROVIDING FOR METHOD AND DATES OF EARLY VOTING, PROVIDING FOR AN
EARLY VOTING BALLOT BOARD, PROVIDING FOR RETURN AND CANVASS OF
VOTES OF SAID ELECTION, PROVIDING FOR NOTICE, PROVIDING A SAVINGS
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:
Sect ion 1 .
A special election shall be held within the
corporate limits of the City of La Porte, Texas, on the 13th day
of May, 2006, such day being the second Saturday in May, 2006, ~
between seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M.,
to permit voting for or against the proposition: "The adoption of
a local sales and use tax in the City of La Porte at the rate of
one-fourth of one percent to provide revenue for maintenance and
repair of municipal streets".
Sect ion 2.
Said election shall be held at each of the
following voting places within said city, and the following named
persons are hereby appointed as officers of said election, to-wit:
Election Precinct #1
Polling Place: Baker School (Entry Area)
6000 West Main Street
(West Main Street/at Underwood - enter off
Spencer/Main)
La Porte, Texas 77571
Boundaries:
BEGINNING at the intersection of the Union Pacific Railroad
and "Old" Underwood Road;
THENCE south along Underwood Road to the north boundary line
of the Creekmont subdivision;
THENCE east along the north boundary line of the Creekmont
subdivision to Big Island Slough;
THENCE south along Big Island Slough to Meadow Place as
projected west;
THENCE east along Meadow Place to the west boundary line of
the La Porte Airport;
THENCE north along the west boundary line of the La Porte
Airport to the north boundary line of the La Porte Airport;
THENCE east along the north boundary line of the La Porte
Airport and continue to project east along this same line to
Sens Road;
THENCE north along Sens Road to the Union Pacific Railroad;
THENCE west along the Union Pacific Railroad to Underwood
Road the POINT OF BEGINNING.
Election Officials:
Joeena Davis, presiding Judge
Melody Elledge, Alternate Presiding Judge
Election Precinct #2
Polling Place: Baker School (Entry Area)
6000 West Main Street
(West Main Street/at Underwood - enter off
Spencer/Main)
La Porte, Texas 77571
Boundaries:
BEGINNING at the intersection of Underwood Rd. and Spencer
Highway;
THENCE west along Spencer Highway to the west La Porte City
Limit Line west of Luella Blvd;
THENCE south along the west La Porte City Limit Line to
Fairmont Parkway;
THENCE east along Fairmont Parkway to Underwood Rd;
THENCE north along Underwood Rd. to Spencer Highway the POINT
OF BEGINNING.
Election Officials:
Joeena Davis, Presiding Judge
Melody Elledge, Alternate Presiding Judge
2
Election Precinct #3
Polling Place:
Baker School (Entry Area)
6000 West Main Street
(West Main Street/at Underwood - enter off
Spencer/Main)
La Porte, Texas 77571
Boundaries:
BEGINNING at the intersection of Underwood Road and the north
boundary line of the Creekmont subdivision;
THENCE south along Underwood Road to Fairmont Parkway;
THENCE east along Fairmont Parkway to Big Island Slough;
THENCE north along Big Island Slough to Spencer Highway;
THENCE east along Spencer Highway to Glen Meadows Drive as
projected south;
THENCE north along Glen Meadows Drive to Meadow Place;
THENCE west along Meadow Place, as proj ected west to Big
Island Slough;
THENCE north along Big Island Slough to the north boundary
line of the Creekmont subdivision;
THENCE west along the north boundary of the Creekmont
subdivision to Underwood Road the POINT OF BEGINNING.
Election Officials:
Joeena Davis, presiding Judge
Melody Elledge, Alternate presiding Judge
Election Precinct #4
Polling Place: La Porte High School Student Center
301 East Fairmont Parkway
La Porte, Texas 77571
Boundaries:
BEGINNING at the intersection of the Union Pacific Railroad
and Sens Road;
THENCE south along Sens Rd. to the north boundary of the La
Porte Airport as projected east;
3
THENCE west along the projected north boundary line of the La
Porte Airport to the east boundary line of the Airport;
THENCE south along the east boundary line of the La Porte
Airport to Spencer Highway;
THENCE east along Spencer Highway to the Union Pacific
Railroad;
THENCE south along the Union Pacific Railroad to Fairmont
Parkway;
THENCE east along Fairmont Parkway to South Broadway (Old Hwy
146) ;
THENCE north along South Broadway to East "G" St.;
THENCE northeasterly along East "GH St. to South Iowa;
THENCE northwesterly along South Iowa to East "F" St.;
THENCE northeasterly along East "F" St. to South Ohio;
THENCE northwesterly along South Ohio to East "E" st.;
THENCE northeasterly along East "E" St. to the northeast La
Porte City Limit Line;
THENCE northwesterly along the northeast La Porte City Limit
Line to North "E" st.;
THENCE west along North "E" St. to North Blackwell;
THENCE north along North Blackwell to Barbours Cut Blvd.;
THENCE west along Barbours Cut Blvd. to North Broadway;
THENCE north along North Broadway to Union Pacific Railroad;
THENCE west along the Union Pacific Railroad to Sens Rd. the
POINT OF BEGINNING.
Election Officials:
Mary Ann Trainer, presiding Judge
Norma Repman, Alternate Presiding Judge
Election Precinct #5
Polling Place: La Porte High School Student Center
301 East Fairmont Parkway
La Porte, Texas 77571
4
Boundaries:
TRACT ONE
BEGINNING at the intersection of East "E" St. and the
northeast La Porte City Limit Line;
THENCE southeasterly along the La Porte City Limit Line to
the shoreline of Galveston Bay;
THENCE southerly along the shoreline of Galveston Bay to the
southern La Porte City Limit Line and the northern Shoreacres
city Limit Line;
THENCE west along the southern La Porte City Limit Line to
the west right-of-way line of state Highway 146;
THENCE north along the west right-of-way line of State
Highway 146 to McCabe Rd.;
THENCE west along McCabe Rd. to Union Pacific Railroad;
THENCE north along Union Pacific Railroad to Fairmont
Parkway;
THENCE east along Fairmont Parkway to South Broadway (Old Hwy
146) ;
THENCE north along South Broadway to East "G" st. ;
THENCE northeasterly along East "G" st. to South Iowa;
THENCE northwesterly along South Iowa to East "F" St. ;
THENCE northeasterly along East "F" St. to South Ohio;
THENCE northwesterly along South Ohio to East "E" St. ;
THENCE northeasterly along East "E" St. to the northeast La
Porte City Limit Line the POINT OF BEGINNING.
TRACT TWO
BEGINNING at the intersection of South Broadway (Old Hwy 146)
and the city of Shoreacres southern City Limit Line;
THENCE east along Shoreacres southern City Limit Line to the
shoreline of Galveston Bay;
THENCE southerly meandering the shoreline of Galveston Bay to
the southernmost La Porte City Limit Line;
THENCE west along the southernmost City Limit Line to South
Broadway (Old Hwy 146);
5
THENCE north along South Broadway to the southern City Limit
Line of city of Shoreacres being the POINT OF BEGINNING.
Election Officials:
Mary Ann Trainer, presiding Judge
Norma Repman, Alternate Presiding Judge
Election Precinct #6
Polling Place:
Baker School (Entry Area)
6000 West Main Street
(West Main Street/at Underwood - enter off
Spencer/Main)
La Porte, Texas 77571
Boundaries:
BEGINNING at the intersection of Big Island Slough and
Spencer HighwaYi
THENCE south along Big Island Slough to Fairmont ParkwaYi
THENCE east along Fairmont Parkway to the Union Pacific
Railroadi
THENCE north along the Union Pacific Railroad to Spencer
HighwaYi
THENCE west along Spencer Highway to the east boundary line
of the La Porte Airporti
THENCE north along the La Porte Airport east boundary line to
the north boundary line of the airport;
THENCE west along the La Porte Airport north boundary line to
the west boundary line of the airporti
THENCE south along the west boundary of the La Porte Airport
to Meadow Place as projected east;
THENCE west along Meadow Place to Glen Meadows Dr.;
THENCE south along Glen Meadows Dr. and as projected south to
Spencer HighwaYi
THENCE west along Spencer Highway to Big Island Slough the
POINT OF BEGINNING.
6
Election Officials:
Joeena Davis, presiding Judge
Melody Elledge, Alternate presiding Judge
Early Voting Place:
La Porte city Hall (Council Chambers)
604 West Fairmont Parkway
La Porte, Texas 77571
Bilingual Election Clerk:
Barbara Eldridge
section 3. Voting at said election, including early voting,
shall be by the use of voting machines, and the ballots of said
election shall conform to the Texas Election Code, as amended.
section 4. An Early Voting Ballot Board is hereby created to
process Early Voting results for the election and the runoff
election, if necessary.
Peggy Holland is appointed Presiding
Judge of the Early Voting Ballot Board.
At least two (2) other
members of the Early voting Ballot Board shall be appointed by the
Presiding Judge, in the same manner as the precinct election
clerks.
Early Voting by personal appearance shall begin on the 12th
day and shall continue through the 4th day preceding the day of
election.
Early Voting by mail shall begin on the 45th day preceding
the date of the election, or as soon thereafter as ballots are
available, and shall continue until seven o'clock (7:00) P.M. on
election day.
Early Voting shall be conducted by a clerk for Early Voting,
namely, Martha A. Gillett, and the place at which the Early Voting
shall be conducted is designated as the La Porte City Hall, 604
West Fairmont Parkway, La Porte, Texas, to which address ballot
7
applications and ballots voted by mail may be mailed. Early
Voting by personal appearance shall begin on the 17th day and
continue through the 4th day preceding the day of election. Early
voting by personal appearance shall be conducted on the weekdays
of the early voting period, from 8:00 a.m. to 5:00 p.m., except
for Wednesday, May 3, 2006, and Tuesday May 9, 2005, from 7:00
a.m. to 7:00 p.m.; and on Saturday, May 6, 2006, from 8:00 a.m. to
5:00 p.m.
section 5. The City Secretary's election office in the La
Porte City Hall is hereby designated as the Central Counting
Station to receive all ballots cast at said election, and Martha
A. Gillett is hereby appointed the presiding Manager for said
Central Counting Station, and Sharon Harris is hereby appointed
the Alternate Presiding Manager for said Central Counting Station.
Said Manager shall appoint any clerks necessary to assist in
receiving ballots and other records and in performing the other
duties of said Manager in this regard. The city Manager is hereby
authorized and directed to obtain, or cause to be obtained, the
necessary electronic tabulating equipment, to arrange for the
testing thereof as provided by law and to employ a duly qualified
manager and a duly qualified tabulation supervisor to perform the
duties respectively imposed on them by law with respect to the
processing and tabulation of ballots at the Central Counting
Station.
Section 6. That all election materials including notice of
the election, ballots, instruction cards, affidavits and other
forms which voters may be required to sign and all early voting
8
materials shall be printed in both English and Spanish, or Spanish
translations thereof shall be made available in the circumstances
permitted and in the manner required by law.
Section 7. The City Secretary of the City of La Porte shall
forthwith issue Notice of said election by causing a substantial
copy of this Ordinance to be published one time in the BAYSHORE
SUN, which is hereby found and declared to be a newspaper of
general circulation in said City, not less than ten (10) days nor
more than thirty (30) days prior to the date of the said election.
Section 8. Said election shall be held in accordance with
the provisions of the city Charter of the City of La Porte, and
the general election laws of the State of Texas governing general
and municipal elections, so far as same may be applicable thereto.
Section 9. Immediately after said election, the officers
holding the same shall make and deliver the returns of the results
thereof and the accompanying records for use in the official
canvass to the city Council of the City of La Porte, and the city
Council shall canvass said returns at the earliest practicable
time, and shall, immediately after canvassing the returns, declare
the results of the election.
Section 10. Each and every provision, paragraph, sentence
and clause of this Ordinance has been separately considered and
passed by the City Council of the city of La Porte, Texas, and
each said provision would have been separately passed without any
other provision, and if any provision hereof shall be ineffective,
invalid or unconstitutional, for any cause, it shall not impair or
affect the remaining portion, or any part thereof, but the valid
9
portion shall be in force just as if it had been passed alone.
section 11.
This Ordinance shall be in effect immediately
upon its passage and approval.
section 12.
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.
PASSED AND APPROVED, this 13th day of March, 2006.
C:r\Y . OF LA PORTE
~~~~
Alton E. Porter, Mayor
By:
LJJiT:
tJuk ~ w.
Martha A. Gl~t
city Secretary
AP~tJ~
Knox W. Askins
city Attorney
10
TAX CODE
CHAPTER 327. MUNICIPAL SALES AND USE TAX FOR STREET MAINTENANCE
Sec. 327.001. DEFINITION. In this chapter, "municipal
street" means the entire width of a way held by a municipality in
fee or by easement or dedication that has a part open for public
use for vehicular travel. The term does not include a designated
state or federal highway or road or ~ designated county road.
Added by Acts 2001, 77th Leg., ch. 464, Sec. 1, eff. June 11, 2001.
Sec. 327.002. MUNICIPAL SALES AND USE TAX ACT APPLICABLE.
Except to the extent that a provision of this chapter applies,
Chapter 321 applies to the tax authorized by this chapter in the
same manner as that chapter applies to the tax authorized by that
chapter.
Added by Acts 2001, 77th Leg., ch. 464, Sec. 1, eff. June 11, 2001.
Sec. 327.003. TAX AUTHORIZED. (a) A municipality may adopt
the sales and use tax authorized by this chapter at an election
held in the municipality.
(b) A municipality may not adopt a tax under this chapter or
increase the rate of the tax if as a result of the adoption of the
tax or the increase in the rate of the tax the combined rate of all
sales and use taxes imposed by the municipality and other political
subdivisions of this state having territory in the municipality
would exceed two percent at any location in the municipality.
(c) If the voters of a municipality approve the adoption of
the tax or the increase in the rate of the tax at an election held
on the same election date on which another political subdivision
adopts a sales and use tax or approves the increase in the rate of
its sales and use tax and as a result the combined rate of all
sales and use taxes imposed by the municipality and other political
subdivisions of this state having territory in the municipality
would exceed two percent at any location in the municipality, the
election to adopt a sales and use tax under this chapter has no
effect.
Added by Acts 2001, 77th Leg., ch. 464, Sec. 1, eff. June 11, 2001.
Amended by Acts 2003, 78th Leg., ch. 403, Sec. 1, eff. June 20,
2003.
Sec. 327.004. TAX RATE. The tax authorized by this chapter
may be imposed at the rate of one-eighth of one percent or one-
fourth of one percent.
Added by Acts 2001, 77th Leg., ch. 464, Sec. 1, eff. June 11, 2001.
Amended by Acts 2003, 78th Leg., ch. 403, Sec. 2, eff. June 20,
2003.
Sec. 327. 005 . SALES AND USE TAX EFFECTIVE DATE. (a) The
adoption of the tax or the change in the rate of the tax takes
effect on the first day of the first calendar quarter occurring
after the expiration of the first complete calendar quarter
occurring after the date on Which the comptroller receives notice
of the results of the election.
(b) If the comptroller determines that an effective date
provided by Subsection (a) will occur before the comptroller can
reasonably take the action required to begin collecting the tax,
the effective date may be extended by the comptroller until the
first day of the next succeeding calendar quarter.
Added by Acts 2001, 77th Leg., ch. 464, Sec. 1, eff. June 11, 2001.
Amended by Acts 2003, 78th Leg., ch. 403, Sec. 3, eff. June 20,
2003.
Sec. 327.006. ELECTION PROCEDURE. (a) An election to adopt
the tax authorized by this chapter is called by the adoption of an
ordinance b~ the governing body of the municipality.
(b) At an election to adopt the tax, the ballot shall be
prepared to permit voting for or against the proposition: "The
adoption of a local sales and use tax in (name of municipality) at
the rate of (insert one-eighth of one percent or one-fourth of one
percent) to provide revenue for maintenance and repair of municipal
streets."
Added by Acts 2001, 77th Leg., ch. 464, Sec. 1, eff. June 11, 2001.
Amended by Acts 2003, 78th Leg., ch. 403, Sec. 4, eff. June 20,
2003.
Sec. 327.0065. RATE CHANGE. (a) A municipality that has
adopted a sales and use tax under this chapter at a rate of one-
fourth of one percent may by ordinance decrease the rate of the tax
to one-eighth of one percent.
(b) A municipality that has adopted a sales and use tax under
this chapter at a rate of one-eighth of one percent may by
ordinance increase the rate of the tax to one-fourth of one percent
if the increase is authorized at an election held in the
municipality.
(c) The ballot for an election to increase the tax shall be
printed to permit voting for or against the proposition: "The
adoption of a local sales and use tax in (name of municipality) at
the rate of one-fourth of one percent to provide revenue for
maintenance and repair of municipal streets."
Added by Acts 2003, 78th Leg., ch. 403, Sec. 5, eff. June 20, 2003.
Sec. 327.007. REAUTHORIZATION OF TAX. (a) Unless imposition
of the sales and use tax authorized by this chapter is reauthorized
as provided by this section, the tax expires on:
(1) the fourth anniversary of the date the tax
originally took effect under Section 327.005; or
(2) the first day of the first calendar quarter
occurring after the fourth anniversary of the date the tax was last
reauthorized under this section.
(b) An election to reauthorize the tax is called and held in
the same manner as an election to adopt the tax under Sectiori
327.006, except the ballot proposition shall be prepared to permit
voting for or against the proposition: "The reauthorization of the
loqal sales and use tax in (name of municipality) at the rate of
(insert appropriate rate) to continue providing revenue for
maintenance and repair of municipal streets."
(c) If an election to reauthorize the tax is not held before
the tax expires as provided by Subsection (a), or if a majority of
the votes cast in an election to reauthorize the tax do not favor
reauthorization, the municipality may not call an election on the
question of authorizing a new tax under this chapter before the
first anniversary of the date on which the tax expired.
(d) Not later than the lOth day after the date the
municipality determines that the tax will expire as provided by
Subsection (a), the municipality shall notify the comptroller of
the scheduled expiration. The comptroller may delay the scheduled
expiration date if the comptroller notifies the municipality that
more time is required. The comptroller must provide a new
expiration date that is not later than the last day of the first
calendar quarter occurring after the notification to the
comptroller.
Added by Acts 2001, 77th Leg., ch. 464, Sec. 1, eff. June 11, 2001.
Amended by Acts 2003, 78th Leg., ch. 403, Sec. 6, eff. June 20,
2003.
Sec. 327 . 008 . USE OF TAX REVENUE. Revenue from the tax
imposed under this chapter may be used only to maintain and repair
municipal streets existing on the date of the election to adopt the
tax.
Added by Acts 2001, 77th Leg., ch. 464, Sec. 1, eff. June 11, 2001.
CITY OF LA PORTE
CITY SECRETARY'S OFFICE
INTEROFFICEMEMORA.NDUM
TO: Mayor and City Council
FROM: Martha Gillett, City Secretary, TRMC, CMC
SUBJECT: November Sales Tax Elections
DATE: February 8, 2006
In the attached memorandum from City Attorney Knox Askins, he requests I
contact Harris County regarding the availability of election equipment and
staff support should the City of La Porte have a Sales Tax Election on
November 7, 2006.
If you recall, recent legislative changes require joint elections with the
County if you have an election in November. When I researched the matter I
found that Harris County and surrounding cities were exempt.
However, I contacted John German, Election Administrator's office today
and was advised if we hold an election on November 7th, we would be
required to have a joint election with Harris County because they don't have
enough equipment or staff to host single elections on that date. This would
mean. we would be on the county ballot with all other issues and subject to
voting at their precinct polling locations. Even prior to the legislative
changes, they were requiring joint elections. Last November that had nine
area entities on their ballot.
Let me know if you have any questions regarding this matter.
c: Debra B. Feazelle
John Joerns
Cynthia Alexander
ASKINS & ARMSTRONG, P. C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P.O. BOX 121B
LA PORTE. TEXAS 77572-1218
KNOX W. ASKINS
JOHN O. ARMSTRONG
CLARK T. ASKINS
TELEPHONE 281.471.1886
TELECOPIER 281.471.2047
K ASKINS@HOUSTON.RR.COM
,JOHN-A@SWBELl.NET
CTASKINS@SWBELL.NET
February 7, 2006
Ms. Debra Brooks Feazelle
City Manager
City of La Porte
!iJ~
~F:::CF: .
'" IV K"" .
PEB ~D
Crry... 0 8 200r
. ~'l:cl(. u
oJ:[:', l:r.qb.
'CE: "" 1"'8
Mr. John Joerns
Assistant City Manager
City of La Porte
Ms. Cynthia Alexander
Assistant city Manager
City of La Porte
~ Martha A. Gillett
City Secretary
City of La Porte
Re: Sales Tax Election
Dear Folks:
As you know, the 2005 session of the Legislature amended the Texas
Election Code, to provide for uniform election dates in May, and on
the first Tuesday after the first Monday in November. It is my
understanding that city staff is contemplating a special election
for sales tax purposes, for the November election date.
A sales tax election may be held on the November uniform election
date, under the Texas Election Code. However, a general election
for state and county officers, will be held on November 7, 2006, at
the standard Harris County election precincts.
The City of La Porte has its own unique election precincts, as
approved by the U.S. Justice Department as part of the most recent
Council redistricting. These unique election precincts do not
follow Harris County precincts. Therefore, if the sales tax
election is held on that date, voters will have to vote at separate
locations, in the City election, and the general election for state
and county officers.
Another issue which Martha Gillett should explore, is whether the
Harris County voting mach1ne department would have adequate
equipment, and consulting perSonnel, available to the C~ty of La
Porte for a November 7, 2006, election, in view of the fact that a
general election will be held on the same day.
ASKINS & ARMSTRONG, P. C.
ATTORNEYS AT LAW
Ms. Debra Brooks Feazelle
February 7, 2006
Page 2
A special sales tax election will require pre-clearance by the U.S.
Justice Department. I would therefore appreciate you giving me as
much lead time as possible, before the election, to obtain this
pre-clearance.
Yours very truly,
./-" / ^
oa~i
Knox W. Askins
City Attorney
city of La Porte
KWA: sw
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Janua
Appropriation
Reqnested By:
Source of Funds: N/A
Department: ~ A NeE
Account Number: N/A
Report:
Resolution:
Ordinance:
Amount Budgeted: Nt A
Exhibits:
Amount Requested.
Exhibits: Street Maintenance Sales Tax
Exhibits:
SUMMARY & RECOMMENDATION
Review and discuss Street Maintenance Sales Taxes.
Action Reauired bv Council:
Provide staffwith direction on an election for the Street Maintenance Sales Tax.
ADDroved for City Council A2enda
M1L~l(vA~1{ j~
Debra Feazell~ City Manager
/ - rf -() /p
Date
L..
---
co
Cl.
OJ
~
~.
. . :', ';~"\":. ~;
. ." ,.',;' ~.' ~. .
.......". '. -'::,
':''''''11'..,
"'W.
ti::.
: (tf,
":.'jiD[;~'~~\Ei'i.'.:_::: .
,~-
".\ ,:'
. ~ ,
:';< ~;:
-.i".-~.......,.,
, , ,
en
>-
co
o
o
......-I
c:
'.-"
J:!"
u~'
.;'C"~; "
~f{:h'j\~'m::..'
" , .' - ',c,:' '.",'," J : d
'~.,' !"l~-.
1-
co
"'0
c:
Q)
-
co
U
...a..J
(f)
1-
.-
LL
Q)
..c
H-
~",
Q"
,;,~
,':::h
..! ;~ .
.,-. ..".i..'_'_.
'.' . .~:- ::.:;
. ~~',:':~r~ji~
a"''-".::
'.c:'.:i~f~;
'. Gf.~J!~f/
~~@1
V:
~.'.,...,
<,.>~;
""~,...
'<"""'KI'"
\,~'~flltlt
.-.. ,. ~
c
o
.--
.-1-1
U
Q)
-
w
~
'r:"'\, " ",' .'
~
'vi
.~..
~..
:',.,:,' ,.
l!l
Q)
Q)
L..
~
U)
~
Q)
Z
, ..:
,..-0.
(J)"..
""0.".. -
5'
0,
CC'
::' ......,...
~,...
~>:".
CO,.,..'.,
'. Ct:i'/:\'
.;'(5;:;;6
'~~;!}r
, f!~.~i;~~:' ," " ,',.
-c
c:
co
OJ
u
c:
co
c:
OJ U)
~ -1-1.
I,",j
""s;.~\1
:;" "t "'.,,: '~: .; .,<:t,:?' '-{:,'~',/,
7mrfuu; /wuh to fit! ~{J potlw!ej
Sales Tax Close Up.
'1J:.-:t G
cl 5-11
~ Tiel}-
Year after year, many Texas cities find maintaining and repairing city streets an
ever-growing expense. Recognizing this, the 2001 Legislature added Chapter 327
to the Texas Tax Code, allowing cities to adopt a dedicated local sales tax for street
maintenance and repair at a rate of up to 0.25 percent.
In the three and a half years
since Chapter 327 became law,
III Texas cities have adopted
this form of local sales tax.
Since becoming law, the tax
has been the most popular
form of additional local sales
tax, adopted by more cities
than any other tax.
Dwindling funds
All cities in Texas are eligi-
. '~ for the street maintenance
.es tax, as long as the over-
all local sales tax rate does
not exceed 2 percent. Voters
must approve the sales tax for
street maintenance.
The adopted tax is effective
for four years, after which time
it either expires or is renewed
through another election.
Danny Valenzuela, city man-
ager of Fort Stockton, said a
lack of funding that resulted in
19 years of neglect to the city's
streets prompted the West
Texas city to seek voter ap-
proval to adopt the street main-
tenance sales tax in May 2002.
"The city's streets were in ill
repair, and something had to
be done," said Valenzuela. "This
past year, the city developed
_ an eight-year plan to patch
and seal coat all streets within
the city, starting with those in
most danger of collapse."
Valenzuela said the tax
also provided much needed
revenue to repair damage to
',eets caused by flooding
Jm a record rainfall in 2004.
Haltom City, just north of
Fort Worth, adopted the tax in
November 2001.
"Haltom City is about 55
years old, and we needed to
reconstruct and overlay a num-
ber of streets throughout the
city,. said David Fain, director
of public works for the city.
Haltom City is undertaking a
capital improvement program
and has budgeted $2.2 million
for street reconstruction in
2005, Fain said
"This year's allocation of
street maintenance sales tax
should generate enough rev-
enue to cover over one-third
of that obligation," he said
Christopher Boone, the
public works director for West
Orange in East Texas, credited
the tax with his city's street
improvements. When voters
passed the tax, the city council
approved a four-year plan for
street improvements, he said.
The tax provided revenue
needed to make lasting repairs
rather than continuing the
practice of just keeping things
patched together, Boone said.
Roy McDonald, mayor of
West Orange, said the tax is a
great source of revenue.
"Our people like it,. McDon-
ald said. "We've been able to
do things we would not have
been able to do, and the tax has
freed up other funds within the
city's budget, allowing us to
fund other needed projects."
McDonald said using a sales
tax for street maintenance
versus property taxes eases
the burden on residents by
placing it on everyone who
drives on the city streets.
Eye on the future
McDonald would like to see
the Legislature make the tax
permanent instead of having it
expire after four years.
Bennett Sandlin, general
counsel for the Texas Munici-
pal League (TML), said mak-
ing the tax permanent would
help cities.
"TML supports the idea
of giving voters an 'opt out'
provision for the street sales
tax rather than just having it
expire after four years," Sand-
lin said "That would make it
consistent with the way most
other city sales taxes are struc-
tured, and making this needed
change to the street sales tax
would also enhance a city's
ability for future planning."
More information on the
sales tax for street main-
tenance may be found at:
<www.window.state.tx.us/
19a1streetmtnc.html>. ....
The city's
streets were in
iU repair, and
something had
to be done.
Bob Bearden
Big and small repairs
Only cities are eligible to adopt the street maintenance sales
tax enacted by the 2001 Legislature. Since 2002, cities as
small as the town of Anderson, with a population of 257, or
those as large as Arlington, with a population of 332,969,
have adopted the tax.
m
il/I Number of cities II'
I I Ii that adopted the tax . . .:.
I 1,/ 2002 2003 2004 2005
-, IF\\\
/,/
,.
I
,
i
i
I
Window on Texas Local (Jovsrnnumi. April 2005 5
September 2003
If the voters of a municipality adopt
the street maintenance sales tax at
an election held on the same date on
which another political subdivision
adopts a sales and use tax or approves
the increase in the rate of its sales and
use tax and as a result the combined
rate of all sales and use taxes imposed
by the municipality and other political
subdivisions would exceed 2 percent
at any location in the municipality, the
election to adopt a street maintenance
sales tax will have no effect.
For more information, visit our Web site <http://www.window.state.tx.us/lga/>
Receive help via e-mail atlocal.govt@cpa.state.tx.us
Many Texas cities do not have the
funds necessary to repair existing
roads. Recognizing this, the 2001
Texas Legislature passed House Bill
445, which allows cities to raise their
local sales tax rate by 0.25 percent
if the funds are dedicated to street
maintenance and repair.
WHO IS ELIGIBLE?
Cities may impose the tax, with voter
approval, if the new combined local
sales tax rate will not exceed 2 per-
cent, as provided in the Tax Code,
9327.003(b).
ELECTION IS REQUIRED
The voters must approve the addi-
tional sales tax. The city's governing
body must adopt an ordinance calling
for the election at least 62 days before
it is held.
When can election be held?
The election must be held on one of
the following uniform election dates:
. the first Saturday in February;
. the third Saturday in May;
. the second Saturday in September;
or
. the first Tuesday after the first
Monday in November.
Ballot language
At the election to adopt the addi-
tional tax, a ballot must allow voters
the choice of voting for or against the
proposition. Following is the required
ballot language:
The adoption of a local sales and use tax
m mame
of municipality) at the rate of (insert
one-eighth of one percent or one-fourth
of one percent) to provide revenue for
maintenance and repair of municipal
streets.
The permissable rates are 1/8 and 1/4
of 1 percent.
[Refer to V.T.CA., Tax Code 9327.006(b).]
Election results
If the election is successful, within 10
days of the election the city must, by
resolution or ordinance entered in its
minutes of proceedings, declare the
results of the election. The resolution
or ordinance must include statements
showing:
. the date the election was held;
. the wording of the proposition;
. the total number of votes cast for
and against the proposition; and
. the number of votes by which the
proposition passed.
[Refer to V.T.CA, Tax Code 9321.405]
EFFECTIVE DATE
The tax will become effective on the
first day of the first calendar quarter
after one complete calendar quarter
passes from the date the Comptroller
receives the city's notice that voters
have approved the tax. [Refer to V.T.CA,
Tax Code 9327.005]
For example, if voters approve the tax
in an election held in May 2004 and
send the election results to the Rev-
enue Accounting, Tax Allocation Sec-
tion of the Comproller's Office by the
end of June, the tax would take effect
on October 1, 2004. The city would
then begin receiving revenue from the
Comptroller beginning with its Decem-
ber 2004 sales tax allocation.
ADMINISTRATION OF THE TAX
The city does not have to form a devel-
opment corporation or create a special
district to administer the street main-
tenance sales tax. The city administers
the tax directly but should account for
the funds separately, since the use of
the tax is restricted.
USE OF THE STREET
MAINTENANCE SALES TAX
The sales tax may be used only to
maintain and repair municipal streets
that existed on the date of the election
to adopt the tax. It may not be used to
build new streets. In addition, the city
may not pledge the revenue received
from the tax to the payment of bonds
or other indebtedness.
[Refer to V.T.CA., Tax Code 9327.008]
UMunidpal StreetsR Defined
'vlunicipal street means the entire
."idth of right of way designated by a
city for vehicular travel. The term does
not include a designated state or fed-
eral highway or road or a designated
county road.
[Refer to V.T.CA, Tax Code 9327.001]
EXPIRATION AND
REAUTHORIZATION OF THE TAX
The street maintenance sales tax
expires four years after it takes effect
unless voters authorize continuance in
an election held for that purpose. The
election to reauthorize the tax must be
held on one of the four uniform elec- .
tion dates listed above.
The ballot proposition language should
read as follows:
"The reauthorization of the local sales
and use tax in
(name of municipality) at the rate of
(insert 1/8 of 7 percent or 1/4 of 7 per-
cent) to continue providing revenue for
maintenance and repair of municipal
streets. "
The municipality must notify the
Comptroller of the scheduled expira-
tion or successful continuance before
the date the tax is to expire.
[Refer to V.T.CA., Tax Code 9327.007]
If an election to reauthorize the tax is
not held before the tax expires or if
votes cast in an election to reauthorize
the tax do not favor reauthorization,
the municipality may not call an elec-
tion on the question of authorizing a
new tax under this chapter before the
first anniversary of the date on which
the tax expired.
NEED MORE INFORMATION
For more information about the street
maintenance sales tax, call the Comp-
troller's Local Government Assistance
section toll free at
1-800-531-5441, eX!. 3-4679.
* Receive fax help via e-mail af local.govt@cpa.state.tx.us *
For more information, visit our Web site www.w;ndow.sfate.tx.usJlga/
If~!:~!i~~n!~in!~ad~~!fJficta~Ple~fut~tujLZree!
TmsCillaptnlluofPUilcAaaonlts
~DH40
....A8glISt2IIJ
For addltiDniI copies write:
Tens Comptroller DfPubrdalluats
111 E. mh Street
Austin, Tens 78774-0100.
1 -800-862-2260
Cigarette and Tobacco
1-800-252-5555
911 Emergency
Service/Equalization
Surcharge
Automotive Oil Fee
Battery Fee
Boat and Boat Motor
Sales Tax
Fireworks Tax
Mixed Beverage Tax
Off-Road, Heavy-Duty
Diesel Equipment
Surcharge
Oyster Fee
Sales and Use Taxes
Telecommunications
Infrastructure Fund
1-800-252-1381
Bank Franchise
Franchise Tax
1-800-252-1382
Manufactured Housing Tax
MotorVehide Sales
Surcharge, Rental and
Seller Financed Sales Tax
Motor Vehide Registration
Surcharge
1-800-252-1383
Fuels Tax
LG Decals
Petroleum Products
Delivery Fee
School Fund Benefit Fee
1-800-531-5441
Cement Tax
Inheritance Tax
Local Revenue
Miscellaneous Gross
Receipts Taxes
011 Well Servicing Tax
Sulphur Tax
1-800-252-1384
Coastal Protection
Natural Gas Tax
Oil Production Tax
1-800-252-1385
Coin Operated Machine
Tax
HotelOccupancyTax
1-800-252-1386
Certificates of Account
StatuslGood Standing
Officer and Director
Information
1-800-252-1387
Insurance Tax
1-800-654-3463
Unclaimed Property Name .
Searches
512/463-3120 {Austin)
1-800-321 -2274
Undaimed Property.
Caimants
512/936-625S (Austin)
Undaimed Property
Holders
5121936-6246 (Austin)
.,..,lsIt _Welt silut:
<lon.:f/www.llill......state.tLuSl
19..._lIIItIIC.ktml>
Tht Tom Camptroller rlPub6cAaoanu
is .. eqlllf apportuoily ernpIo,er .nd
does IIDl disaImina~..1IIe IwIs of
-. color. mJgion. sa. natioNl origin.
.go. or dilibillty in empIayment or i.
tht plIlVisillll of ''''smias. pmgroms
or Kllvilies.
ill compJlonc! wilII1IIe Amuians willi
DilibDilie5 Act.1his doaJment mar be
roquested in .It!rrIoIMfannm bJ
caIIng the .ppropriate 1IlII...... nUlllber
&s1ed .!ll!ft, or by ailing:
(512) 463-4600 In Aus1In
(Sl21475-09DO (fAX).
Fram.ll!1ecollllfWlliationsDevicl!for
till! Deaf (TDO),1lIf huring ...,.Ir!d lD-
poym moy coli blIl hel! 1-800-248-4099,
01 they RIO' elll vio '-IlOD-AElAY-TX.ln
Aas1ln, tbl!IoClllTDDllUlIIboris463-4621.
- - .
CAROLE KEETON STRAYHORN · Texas Comptroller of Public Accounts -
Public Works Department
FY 05-06
Streets Division
Expenditure Summary
Actual Budget Estimated Adopted Percent
2003-04 2004-05 2004-05 2005-06 Change
Personal Services 1,345,490 1,395,058 1,346,081 1,416,640 1.55%
Supplies 86,334 107,291 123,027 127,522 18.86%
Services & Charges 565,216 594,273 593,973 642,341 8.09%
Capital Outlay 26,840 58,200 48,000 53,000 -8.93%
Division Total 2,023,880 2,154,822 2,111,081 2,239,503 3.93%
Scope of Services Summary
The Streets Division is responsible for maintaining all City streets. The Street Maintenance crew in this
Division performs job functions such as street and drainage reconstruction, patching, seal, coating, overlay and
crack sealing. Other tasks include: mowing, mosquito control, traffic control and airport maintenance.
Personnel Position Roster
Approved Approved Approved
2003-04 2004-05 2005-06
Street Maint. Superintendent 1 1 1
Street Maint. Supervisor 3 3 3
Senior Equipment Operator 6 6 6
Equipment Operator IT 6 6 6
Equipment Operator I 12 12 12
Total 28 28 28
" o..~-7~71-531
City of La Porte, Texas ~ffS) 06b - ~
Streets
Detail of Expenditures
Actual Budget Estimated Adopted
2003-04 2004-05 2004-05 2005-06
Personal Services:
1010 Regular Earnings 968,458 1,031,817 961,407 995,842
1020 Overtime 24,903 27,000 27,000 27,000
1030 Certification 994 1,040 1,144 1,248
1035 Longevity 15,844 17,024 16,380 16,320
1060 FICA 74,960 80,006 72,378 76,332
1065 Retirement 119,149 128,136 122,753 131,063
1080 Insurance - Medical 140,000 144,200 144,200 168,000
1081 Insurance - Life 1,182 835 819 835
1099 Attrition (35,000)
Personal Services Subtotal 1,345,490 1,395,058 1,346,081 1,416,640
Supplies:
2001 Office Supplies 937
2003 Protective Clothing 444 850 700 850
2004 Gas and Oil 43,715 43,641 55,488 64,872
2005 Minor Tools 949 1,000 1,000 1,000
2007 Chemical 13,165 30,000 29,000 30,000
2010 Traffic 25,832 27,500 27,500 27,500
2015 Other Supplies 1,427 1,400 1,400 1,400
2090 Machineryffoo1s/Equipment 802 2,900 7,002 1,900
Supplies Subtotal 86,334 107,291 123,027 127,522
Services & Charges:
3001 Memberships & Subscriptions 237 210 350 350
3020 Training/Seminars 1,774 2,500 2,500 2,500
, 4002 MachineryffoolslEquipment 11,428 12,000 14,000 3,000
4003 Radios and Base Stations 978 1,000 1,000 1,000
4004 Traffic Signal Maintenance 13,000
4015 Paving 99,985 154,000 153,000 155,000
4019 Rental of Equipment 650 2,000 220 220
4020 Motor Pool Lease Fees 170,370 151,200 151,200 188,136
4030 VM: Fleet Maintenance 246,860 240,833 240,833 247,239
4055 Computer Software 5,200 2,600 2,600 2,600
4060 Computer Lease Fees 4,896 3,147 3,147 2,271
4065 Computer Maintenance Fees 7,573 8,983 8,983 9,825
5002 Engineering 1,497 1,500 1,500 1,500
5007 Other Professional Services 585 800 940 1,000
6001 Uniforms 8,228 8,000 8,200 8,200
6002 Printing and Production 1,000
6009 Landfills Charges 683 1,000 1,500 1,000
7001 Electrical 4,272 4,500 4,000 4,500
Services & Charges Subtotal 565,216 594,273 593,973 642,341
Continued
City of La Porte, Texas
Streets, Continued 001-7071-531
Detail of Expenditures
Actual Budget Estimated Adopted
2003-04 2004-05 2004-05 2005-06
Capital Outlay:
8021 Machineryrr oo1slEquipment 5,200
8027 Traffic Control Devices 3,000 3,000 3,000
8029 Paving 26,840 50,000 45,000 50,000
Capital Outlay Subtotal 26,840 58,200 48,000 53,000
Division Total 2,023,880 2,154,822 2,111,081 2,239,503
Green, Shannon
From:
Sent:
To:
Subject:
Alexander, Cynthia
Monday, November 07, 2005 1 :50 PM
Green, Shannon; Dolby, Michael
FW: Grand Prairie: quarter-cent tax helps streets make the grade
For our meeting on street maintenance sales tax. c
-Original Message-
From: Lewis F. McLain, Jr. [mailto:lfm@Citybase.net]
Sent: Thursday, October 27, 2005 3:41 PM
To: Alexander, Cynthia
Subject: Grand Prairie: quarter-cent tax helps streets make the grade
Quarter-cent tax helps streets make the grade
Grand Prairie: Program rates roads, fixes those that need it most
12:00 AM CDT on Thursday, October 2~ 2005
By KATHY A. GOOLSBY/The Dallas Morning News
Grand Prairie residents approved two quarter-cent sales tax proposals since 1999 to
improve city parks and streets. City officials said they wanted to give residents visible
bang for their bucks.
Two years after the first sales tax vote in 1999, Sycamore and Fish Creek parks had new
playgrounds; new rest rooms were installed at Waggoner Park and Prairie Lakes Golf
Course; and paving was repaired or replaced at Nance-James Park, Mountain Creek
Soccer Complex and Kirby Creek Nature Center.
Dozens of other park projects were either finished, under way or in the planning stages.
Voters must have liked what they saw, because two years later, in November 2001, they
approved a quarter-cent sales tax for street improvements. That tax was re-approved in
May.
Evidence of the success of the street improvement tax is harder to pinpoint, especially in
the newer neighborhoods. That's because the tax can only be used to maintain roads,
not build new ones.
Grand Prairie streets are evaluated annually and given a grade of A" B, Cor D. Most of
the work is done on the latter two grades, with the goal being to raise as many as
possible to an A or B level. Seventy percent of the roadways are rated A or B, compared
with 60 percent when the program started.
"Some we can go in and put on a protective overlay of asphalt," said Ron McCuller, city
public works director.
1
"Others need more extensive repairs like taking out a panel of concrete and completely
replacing it, or maybe doing some drainage work."
The program has generated $13.1 million. The funds have been used to improve 56
streets, repair 24 alleys and 94 miles of roadway, and eliminate 132 standing water
sites.
The street fund operates slightly differently from the parks program.
For one thing, officials operate the 'rsales tax street program on a cash basis," city
spokeswoman Amy Sprinkles said. "We only spend what we collect, and we collect $3 to
$4 million a year."
The park sales tax also generates $3 million to $4 million a year and has brought in
$20.9 million, said Elizabeth Walley, the city's finance director. Because the park sales
tax is perpetual, the city has used future revenues to issue $33.4 million in bonds.
The city also has chosen themes for each park. Parkhill Park has farmhouse-style
concessions, pavilions that look like barns and sidewalks with tractor tracks running
through them. McFalls East Park has a paleontology theme with dinosaur prints, and
Waggoner Park pays homage to the Cross Timbers region's native vegetation with
enlarged leaf prints stamped into the pavement.
Both Mr. McCuller and park planning manager Tim Shinogle said the sales tax
programs have helped upgrade the city's infrastructure.
"] think it's a great program because it's really enhanced our streets," Mr. McCuller
said. "Before, about all we were able to do was fix potholes and do spot repairs, but now
we're able to do more extensive work."
On the parks side, Mr. Shinogle said, most of the major work is winding down. Future
funds will be used for debt service and upkeep, with about $1 million left over annually.
"We're really trying to build first-class facilities that have a wow factor," Mr. Shinogle
said. "The ultimate goal is to improve every park, continue to grow with the community
and to have, as our mayor has said, a premier park system."
2
Alexander, Cynthia
From:
~ent:
ro:
Subject:
Lewis F. McLain, Jr. [news@citybase.net]
Sunday, November 13,200512:00 PM
Alexander, Cynthia
Baytown: council weighs restructuring of street maintenance repairs
Council weighs restructuring of repairs
By Ryan Culver
Bay town Sun
Published November 13, 2005
City councilmen are exploring a new system to allocate money from the street
maintenance sales tax.
One option is to put the majority of the funding in council districts that have
the most need for repairs.
Councilman Scott Sheley expressed concerns this week over how the money is
currently distributed. In the past, the money was split evenly among the six
council districts. But this created a problem because the different districts'
needs are not equal in size and miles of streets, Sheley said.
"We have got to recognize that streets have got to stop being vote-getters,"
Sheley said. "In past leadership, it has been used"for votes. I think council is
looking at things unselfishly now."
Voters approved the quarter-cent sales tax for street repairs in May 2004. City
Hall predicted the sales tax would bring in about $1.5 million a year.
The original plan called for each district to get 3,000 linear feet of road
repairs to use in each district.
Sheley pointed out that this was not the best system for the city as a whole
because the 3,000 feet was not enough in some districts and way too much in
others.
For instance in District 4, Don Murray's district, the repairs scheduled for the
current work order add up to just more than 1,000 linear feet or 5.2 percent of.
the total repairs, whereas in District 1, represented by Mercedes Renteria III,
is scheduled for almost 7,000 linear feet or 32.75 percent of the total repairs.
Councilmen Ronnie Anderson and Murray, whose districts' scheduled needs are well
under 3,000 linear feet, said they would not mind if the allocation was
restructured so that more funding could be used in the areas that need it. But
both said they would like the traffic on the streets to be a factor in
determining where to make repairs.
"Highly traveled streets are also used by taxpaying citizens," Murray said. "I
think there needs to be some kind of criteria where we can decide which streets
get repairs."
Sheley said he appreciates the fact that highly traveled thoroughfares get more
traffic, but said he didn't know how to tell people that their citizenship was
not as important as others.
1
"What it does is puts us on a plan that will bring us to equality," Sheley said.
"Far too often, I talk to people who ask why it has gotten this way."
Bay town Mayor Calvin Mundinger suggested reducing the total linear feet in every
iistrict and putting the extra funding into a pool to use where it is needed.
Nhile that idea is closer to what Sheley was trying to obtain, the flat rate
reduction in all districts could also be unfair.
The plan that probably reflects need most accurately is to distribute the funding
based on each district's percentage of the total need. That means Renteria's
district would receive 32.75 percent of the total budget, since his district
represents that much of the total need.
Council put off a decision on how exactly to divide the funding, but city staff
said they are ready to start making repairs as soon as council makes a decision.
Deputy City Manager Bob Leiper said he was ready to sign the work order as soon
as he knew what streets they would be fixing. He also pointed out that this
program was not designed to fix the streets in town that are in the worst
condition.
"These are middle ground streets that need rehab, not reconstruction," Leiper
said.
2
Alexander. Cynthia
From:
ent:
(0:
Subject:
Lewis F. McLain. Jr. [Iewis@mclaindss.com]
Tuesday, September 21,20047:21 AM
alexanderc@ci.la-porte.tx.us
Baytown: sales tax for street repairs, approved by 55 percent of voters, goes into effect
October 1
City sales tax increasing to 8 percent Oct. 1
By Kristopher Banks
Bay town Sun
Published September 21, 2004
BAYTOWN - Beginning a week from Friday, the sales tax rate goes up within city
limits to eight cents per dollar.
Voters approved a new quarter-cent tax, to be used exclusively for street
repairs, in the May 15 election with 55 percent of the vote. The new tax goes
into effect Oct. 1. The tax rate is currently 7.75 percent.
The sales tax increase means that for every $100 people spend in Bay town on
taxable items, they spend an extra quarter for sales tax. Non-taxable items
include groceries and medicine. The tax also does not apply to automobiles.
Money from the tax can only go toward repairing paved streets that existed on May
15, according to state law. The city estimates that the quarter-cent sales tax
will bring in $1.5 million per year, based on a 1 percent sales tax bringing in
~6 million per year.
A state law grants smaller municipalities to charge up to two cents more than the
state sales tax, making 8.25 percent the maximum sales tax.
After the 6.25 percent state sales tax, 1 percent city general fund tax and half-
cent municipal development district tax within Harris County, the city has room
to charge up to a half-cent more on sales taxes under state law.
The tax is not required to have a governing board by law, and City Council will
determine how the money is used. Mayor Calvin Mundinger has suggested forming a
citizens committee to make recommendations on where the funds should be spent,
though he could not be reached Monday.
The city will use already-existing data on street conditions to determine which
streets are most in need of repair. The data exists from studies the cities used
to determine which streets should be repaired
City Clerk Gary Smith said city administration will recommend a three-pronged
approach to spending the tax money. Under the recommendation, $300,000 per year
would be spent on sealing cracks in road foundations, which is supposed to add
longevity to the road, and $200,000 per year on repairing concrete.
Two-thirds of the money, about $1 million, would be spent on rehabilitating about
six miles of road per year. Under this portion of the funding, if less than 35
percent of a road needed repair, the surface would be milled off, the road's base
repaired and new asphalt would be laid down.
Though city administration will make recommendations, Council will have to
1
!"".~
approve all contracts, Smith said. Council will discuss the tax at their meeting
Thursday.
2
Green, Shannon
From:
Sent:
To:
Subject:
Alexander, Cynthia
Tuesday, November 22, 2005 5:43 PM
Green, Shannon
FW: Baytown: paper says city should immediately revise shortsighted system of allocating
money from the street maintenance sales tax.
For meeting with Michael and ray mayo
-Original Message-
From: Lewis F. McLain, Jr. [mailto:news@Citybase.net]
Sent: Friday, November 18,20058:14 AM
To: Alexander, Cynthia
Subject: Bay town: paper says city should immediately revise shortsighted system of
allocating money from the street maintenance sales tax.
Prioritize roadwork
By David Bloom
Bay town Sun
Published November 18, 2005
Bay town City Council should immediately revise the shortsighted system of allocating
money from the street maintenance sales tax.
The city should repair the worst roads first, giving special consideration to those that
are heavily traveled.
Currently, street tax dollars - about $1.5 million a year - are divided evenly among
the six council districts. However, street work requirements for each district present
different levels of need, size and scope and miles of streets. While. an even split among
districts might be politically cidvantageous, that system ignores the city's most urgent
street repairs.
Of course, this debate also pits newer neighborhoods versus older ones, richer parts of
town versus much less affluent. It should not be that way. We allUve in Bay town and
drive the streets.
The city's street-repair priorities' seem unfocused with seldom-traveled streets being
repaved while heavily traveled routes are allowed to deteriorate until they become
hazardous. Like arteries and veins, if the streets aren't in good shape, the whole body of
the city suffers.
Here's a suggestion: evaluate the streets for general condition, whether the condition is
worsening rapidly, the present and anticipated traffic loads, whether the street and
area is due for water/sewer line projects and, lastly, the location - trying to spread
1
projects throughout town.
The result is that, in the future, the town's streets will be in better shape.
Look at prioritizing the street work like planning repairs at home.
Would a homeowner spend an equal amount of dollars per room - despite the fact that
the kitchen is in dire need of repairs and the back bedroom simply has a bad electrical
plug? Most people fix the worst problems first and move on down the list.
The city of Bay town should do the same.
The majority of the funding from the street sales tax should be spent where there is the
most need, regardless of council lines.
City Council members represent their districts, but their duty is to do what is overall
best for Bay town.
City crews are ready to start making repairs as soon as council makes a decision.
With street work clearly needing to be done and elections around the corner, there is no
reason for this decision to be dragged out any longer.
Today's editorial was written by David Bloom, managing editor of The Bay town Sun, on
behalf of the newspaper's editorial board.
2
Green, Shannon
From:
>ent:
To:
Subject:
Alexander, Cynthia
Wednesday, November 23, 2005 11 :57 AM
Green, Shannon; Dolby, Michael; Mayo, Ray
FW: Baytown: city okays new allocation system for street tax
For street maintenance meeting. c
-Original Message-
Sent: Wednesday, November 23, 2005 8:26 AM
To: Alexander, Cynthia
Subject: Bay town: city okays new allocation system for street tax
City OKs new allocation system for street tax
By Ryan Culver
Bay town Sun
Published November 23, 2005
BAYTOWN - City Council approved using a proportional method to allocate street
repairs for the street maintenance sales tax.
The new method gives each council district repair funding based on the proportion of
. all the streets that need repairs located in that district. That means if a council district
that has 20 percent of the total streets in the program will receive 20 percent of the
funding.
~~This seems like a very logical way of going about it," City Manager Gary Jackson said
Tuesday. "It takes into account the amount of streets in each district."
Now each councilmember has the opportunity to go back and pick what streets in their
respective districts need repairs first. Then city staff will look at the street selections to
ensure the streets in most need are at the top of the list. The streets in this program are
not the worst streets in town; rather they are streets that are in need of repair, not
replacement, to the top layer as to extend the life of the street.
~~There are needs in every district, >> Mayor Calvin Mundinger said at a special meeting
Tuesday. ~73ut there are clearly larger needs in some districts that others.>>
Councilman Ronnie Anderson questioned as to the method each councilman might use
to select streets. Anderson said he wanted to make especially sure, since his district is
giving up many linear feet of repairs in the new allocation method, that councilmen
were using their budget to fix streets based on the amount of traffic along it.
~We will make sure we address streets that are the most used," said Councilman
Mercedes Renteria III, whose district will receive the most repair funding because of the
1
change.
Deputy City Manager Bob Leiper pointed out that council could address any concerns
over street selection before the work order goes out.
'"Council as a whole will have an opportunity to review the entire list before approving
it," Leiper said.
Council set the first meeting in January as the deadline for submitting their
preliminary street list to city staff. Administrators anticipate the work to actually start
sometime at the end of January.
In other council news, the new police academy was officially named after retired
assistant chief Bob Merchant.
The academy will provide a place for Bay town police officers and officers from other
departments to train. Police officers are required to train frequently, and having a
local place to train will be a great benefit to local law enforcement. The project to build
the academy started around seven years ago and Merchant was a big part of the
process.
Merchant has been involved with Bay town police for almost 50 years. His dedication to
the police academy project and continued education led officials to name the building
in his honor.
~~veryone felt it was an honor to bestow the name on chief Merchant," Bay town police
Chief Byron Jones said. "We felt it was fitting; he has been through three city managers
to ensure this project made it to completion."
Jackson said he expects a ribbon cutting for the new academy, situated just south o/the
police station on N. Main Street, to take place sometime in January.
2
CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
TO: Steve Gillett, Director of Public Works
Orville Burgess, Street Superintendent .~
FROM:
DATE: February 24, 2006
SUBJECT: Candidates for Street Repair Utilizing Sales Tax
In anticipation of a possible sales tax election, we have prepared 2 preliminary lists of
streets to be funded for repairs. It is understood that all monies generated from this sales
tax election would be eannarked only for street repairs. With that in mind, one list is for
an overlay program. The estimated costs reflect a contractor providing a 1 and a half
inch hot mix overlay only. All work needed to prepare each street for an overlay would
be performed in house in advance. The total estimated cost for the overlay is
$2,022,198.00 and could be completed over a period of time to be determined by council.
The list is attached.
The second list is for concrete streets in need of repair and is more comprehensive in
scope. The cost estimate is for complete removal of existing streets or sections of street,
replacing them with 6 inches of new concrete, and replacing the curbs with new ones.
All this would need to be contracted out and the estimate reflects this cost. The total cost
for the concrete repair list is estimated at $3,399,546.00 and is anticipated that it would
be completed over a period of years to be determined by council. This list is attached
also, for review. The total estimated costs for both types of repair are $5,421,744.00. We
attempted to prioritize both lists, with those in greatest need of repairs or overlays listed
fIrst and in descending order of priority. Please advise if you have any questions or need
additional information.
Candidates for Overlay
Street Name
1. Robinson Rd - N. P to Houston
2. Houston - Robinson Rd. to Hiway 225
3. Carlow - Underwood to Canada
4. W. 1- S. 2nD to S. 7th
5 W. H - Broadway to S. 8th
6. S. Vrrginia - Main to Park
7. S. 1st - Fairmont to W. B
8. N. 8th - Main to Barbours Cut
9. South 5th - Main to West I
10. N. 2nD - Main to W. Madison
11. South 7th - Main to Fairmont
12. N. Shady Ln. - Broadway to dead end
13. S. Shady Ln. - Broadway to dead end
14. South 2nd - Main to West D
15. South 2nd - West D to Fairmont
16. WestB -146toBroadway
17. N. 11th - Main to Barbours Cut
18. W. F - Broadway to S. 8th
19. Bois D' Arc - Robinson to Santa Anna
20. Santa Anna - Houston to Bois D' Arc
21. Deaf Smith - Robinson to Santa Anna
22. San Jacinto - Robinson to Santa Anna
23. South Holmes - Main to Park
24. South Utah - Main to Park
25. South Kansas - East B to Park
26. South 6th - Main to Fairmont
27. S. Carroll- Main to East E
28. S. Idaho - Main to East E
29. S. Holmes - Main to East E
30. Little Cedar Bayou thru Park
Cost
$42,542.00
44,170.00
39,375.00
19,378.00
30,864.00
56,140.00
. 47,612.00
32,270.00
48,936.00
32,634.00
51,742.00
32,550.00
29,050.00
36,645.00
30,917.00
34,524.00
31,500.00
31,850.00
31,573.00
17,063.00
32,836.00
30,380.00
31,967.00
31,243.00
33,238.00
56,787.00
30,800.00
30,520.00
28,298.00
30,800.00
Candidates for Overlay Page 2
Street Name Sq. Y ds.
31. Andricks - Underwood to Carlow 5,356
32. South Brownell- Main to East E 4,933
33. West A-146to South 3rd 4,840
34. S. Nugent - Main to East E 4,889
35. E. G- Broadway to San Jacinto 3,933
36. Montgomery - Underwood to Ridgefield 4,700
37. Valley View - North L to North P 4,907
38. N. 23rd - Spencer to N. C 4,087
39. Belfast - Underwood to Clarksville 4,067
40. Bayer - Carlow to Spencer 3,867
41. E. G- San Jacinto to S. Ohio 4,632
42. South 4th - Main to west B 3,400
43. South 4th-West Hto Fairmont 2,139
44. North 7th - Main to West Madison 4,279
45. East C - San Jacinto to S. Idaho 3,850
46. Crescent Shores - Complete circle 3,567
47. Hillsdale - Spencer to Belfast 2,978
48. Catlett - Underwood to Andricks 2,944
49. Clarksville - Spencer to Carlow 3,922
50. Monument - Houston to Santa Anna 3,867
51. Battleview - North D to North end 2,333
52. Ridgefield - Spencer to Hillsdale 2,333
53. Montgomery - Bernard to Clarksville 1,544
54. South 6th - Fairmont to Post Office 1,100
55. N. 18th-Main to North End 2,163
56. W. Polk-No 16thtoN. 18th 1,979
57. W. Polk - N. 16th to East end 1,120
58. Easy Street - Houston to North end. 1,480
59. Mossy Street - Houston to North end 1,187
60. West D - South 16th to South 18th 1,956
61. South 3rd - Main to West A ( 55 ft. wide) 2,567
Cost
28,117.00
25,898.00
25,410.00
25,667.00
20,650.00
24,675.00
25,760.00
21,456.00
21,350.00
. 20,300.00
24,319.00
17,850.00
11,229.00
22,465.00
20,213.00
18,725.00
15,633.00
15,458.00
20,592.00
20,300.00
12,250.00
12,250.00
8,108.00
5,775.00
. 11,357.00
10,389.00
5,880.00
7,770.00
6,230.00
10,267.00
13,475.00
Candidates for Overlay Page 3
Street Name Sq. Yds. Cost
62. Crandall - Carlow to Catlett 1,511 7,993.00
63. Belfast - Clarksville to Bernard 1,567 8,225.00
64. West A - South 16th to South 17th 782 4,107.00
65. South 17th - Main to West A 880 4,620.00
66. Creel Circle - Carlow to dead end 889 4,667.00
67. Flintlock - Battle View to West end 2,053 10,780.00
68. Fieldcrest - Sens Rd. to dead end 2,627 13,790.00
69. Plainbrook - Sens Rd. to West end 2,653 13,936.00
70. Texas - Fairmont to East G 2,400 12,600.00
71. Texas - Fairmont to West K 1,800 9,450.00
72. Oregon - Fairmont to West K 1,800 9,450.00
73. Little Cedar Bayou - S. 8th to 146 2,178 11,433.00
74. Little Cedar Bayou - S. 8th to end 1,833 9,625.00
75. South 15th - West B to dead end 1,844 9,683.00
76. Park Trail - N. Shady Ln. to S. Shady 720 3,780.00
77. South 12th - Main to West A 860 4,515.00
78. South Carroll- East E to Park 867 4,550.00
79. South Nugent - East E to end 1,369 7,187.00
80. Bernard - Carlow to Montgomery 3,144 16,508.00
81. North C - North 23M to Sens Rd. 2,560 13,440.00
82. North C - North 23M to East end 1,787 9,380.00
83. S. 11th_Main to W. C 3,089 16,217.00
84. W. Madison - Broadway to N. 7th 4,944 25,958.00
85. N. D - Sens Rd to West end 8,853 46,480.00
86. South 14th - Main to West B 860 4,515.00
87. West A - South 3M to Broadway 4,011 21,058.00
88. South Lobit - Main to Park 6,640 34,860.00
89. South 3M - West A to Fairmont 9,385 49,275.00
90. S. Blackwell-Main to Park 5,189 27,242.00
Total cost for overlay $2,022,198.00
ESTIMATE OF .
CONCRETE STREET
REPAIRS BY PRIORITY
February 23, 2006
Estimate of Concrete Street Repairs
T ota! Cost
Priority Location Description Sq. Yards Including Curbs
1 Valley Brook Old Orchard to Catlett 4089 $239,615.00
2 Catlett Dead end at Big Island Slough to 6533 $392,933.00
3 Old Orchard . Valley Brook to Farrington 3889 $233,889.00
4 Antrim Lane Farrington to Piney Brook Dr. 3556 $208,356.00
5 Piney Brook Dr. Old Orchard to Carlow 2800 $168,400.00
6 Old Orchard. Piney Brook to Farrington 2209 $132,849.00
7 Collingswood From Farrington to Valley Brook 1200 $70,800.00
8 South Iowa From 208 to East "B". 1634 $97,710.00
9 Scotch Moss 3323 Scotch Moss 892 $53,076.00
10 South Iowa From East "B" to East "C". 1217 $72,757.00
11 East"F" From South Iowa to Kansas. 933 $55,813.00
12 Collingswood From 10414 Old Hickory to Farrington 902 $54,262.00
13 Winding Trail From Hillridge to Farrington 1182 $71,102.00
14 South 4th Street South 4th & West "C" to West "D". 638 $38,358.00
15 West "0" West "G" from Broadway to South 1 st 1222 $71,622.00
16 West "G" West "G" from South 1 st to South 2nd. 1267 $74,245.00
17 West "G" West "G" from South 3rd to South 4th. 1289. $75,529.00
18 Belfast From Valley Brook to Farrington 638 $38,370.00
19 Rustic Gate From Old Hickory to Farrington 420 $25,260.00
20 Carlow 10207 Carlow to Valley Brook 498 $29,950.00
21 Carlow From Valley Brook to Farrington 560 $31,120.00
22 North 6th Street Intersection of West Tyler to 1184.4 $71,702.00
23 North 6th Street Start at 704 ~ West Main at second 1011 $56,150.00
24 North 6th Street Start@ intersection of West Polk, north 1011 $56,150.00
25 West "G" West "0" from South 2nd to South 3 rd. 1289 $75,529.00
26 West "D" West "D" & South 1st intersection. 400 $22,320.00
27 West "D" West "D" & South 5th intersection. 400 $22,320.00
28 Belfast 10318- - 10326 Belfast 311 $18,711.00
Estimate of Concrete Street Repairs
Total Cost
Priority Location Description Sq. Yards Including Curbs
2 9 South 4th Street West side of street from 302 to 332 444 $26,663.00
30 West "D" West "D" & South 6tl1 intersection. 400 $22,320.00
31 Shady River Drive From 805 to bridge, both sides of street. 363 $22,123.00
32 Shady River Drive From west side of bridge, go west to 231 $13,991.00
33 West "D" West "D" from South 4th to South 3rd. 288 $17,308.00
34 West "G" West "G" and South 3 rd intersection. 334 $19,170.00
35 West "G" West "G' and South 4th intersection. 334 $19,170.00
36 Quiet Hill 1 0 1 02 Quiet Hill 125 $7,484.00
37 Quiet Hill 1 0030 Quiet Hill 250 $14,969.00
38 Wilmont Street 10126 Wilmont Street at Rustic Gate 250 $14,969.00
39 Hillridge Hillridge & Roseberry intersection 187 $11,227.00
40 Roseberry 3703 - 3707 Roseberry 156 $9,380.00
41 Rustic Rock From Farrington to dead end at 10403 124 $7,484.00
42 Belfast 10238 Belfast 156 $9,380.00
43 West "G" West "G" and South 2nd intersection. 334 $19,170.00
44 West "G" West "G" and South 1 st intersection. 334 $19,170.00
45 South 4th Street th 560 $33,680.00
South 4 from 508 to West "E"
46 West "D" West "D" from South 3rd to South 2nd. 226 $13,566.00
47 North 6th Street Intersection ofN. 6tl1 & Tyler. 433 $24,175.00
48 North 6th Street Intersection ofN 6th & Madison. 433 $24,175.00
49 North 6th Street Entire intersection @ North 6th & 447 $24,806.00
50 North 3rd Street The approach at North 3Td and East 80 $4,370.00
51 North 3rd Street 116 North 3rd, the section between the 142 $8,846.00
52 North 3rd Street 115 North 3Td from the expansion joint 133 $7,813.00
53 North 3rd Street 120 North 3rd from second expansion 133 $7,813.00
54 North 4th Street The approach at East Main north to first 80 $4,370.00
55 South 4th Street South 4tl1 & West "C" intersection. 400 $22,320.00
. 56 South 4th Street South 4th & West "D" intersection. 117 $6,737.00
Estimate of Concrete Street Repairs
Total Cost
Priority Location Description Sq. Yards Including Curbs
57 West "D" th th 257 $15,437.00
West "D" from South 6 to South 5 .
58 Winding Trail 3~0 feet east of Hillridge 78 $4,678.00
59 Rustic Gate 9926 Rustic Gate 125 $7,484.00
60 Rocky Hollow 9947 Rocky Hollow 30 $1,794.00
61 East "F" East "F" and Kansas intersection. 400 $23,200.00
-
62 South Iowa South Iowa and East "H" intersection. 800 $45,200.00
63 South Iowa South Iowa and East "G" intersection. 400 $23,200.00
64 South Iowa From 613 to S. Iowa and East "F" 567 $33,887.00
65 South Iowa South Iowa and East "F' intersection. 400 $23,200.00
66 South Iowa From East "C" to 402 - 409 South 400 $23,920.00
67 South Iowa From 513 to S. Iowa and East ''E'' 300 $17,940.00
68 East "D" From Kansas to South Iowa 467 $27,907.00
69 East "D" East "D" and South Iowa intersection. 400 $23,200.00
70 East "D" East "D" and Kansas intersection. 400 $23,200.00
71 East "D" From Utah to Kansas. 367 $21,927.00
72 South Iowa South Iowa and East "B" intersection. 400 $23,200.00
73 South Iowa South Iowa and East "C" intersection. 184 $10,964.00
74 3109 Bayou One section, both sides 285 $15,805.00
75 Parkmont Between Antrim and Catlett 75 $4,557.00
76 East"F" From intersection of Utah on east side 184 $11,000.00
77 Bandridge Street 8723 Bandridge Street 68 $4,012.00
78 Brookwood 3423 Brookwood 40 $2,560.00
79 Brookwood 3614 Brookwood 100 $6,012.00
80 Fern Rock 3211Fem Rock 134 $7,850.00
81 Old Hickory From dead end to Rocky Hollow 31 $1,865.00
lTOTALS
$3,399,546.00 I