HomeMy WebLinkAbout09-10-12 Regular Meeting of La Porte City Council
LOUIS RIGBY
DARYL LEONARD
Mayor
Councilmember District 3
JOHN ZEMANEK
TOMMY MOSER
Mayor Pro-Tem, Councilmember at Large A
Councilmember District 4
DOTTIE KAMINSKI
JAY MARTIN
Councilmember at LargeB
Councilmember District 5
MIKE MOSTEIT
MIKE CLAUSEN
Councilmember District 1
Councilmember District 6
CHUCK ENGELKEN
Councilmember District 2
CITY COUNCIL MEETING AGENDA
Notice is hereby given of a Regular Meetingof the La Porte City Council to be held September 10,
2012,beginning at 6:00 p.m.in the Council Chambers of City Hall, 604 West Fairmont Parkway,
LaPorte, Texas, for the purpose of considering the following agenda items. All agenda items are
subject to action.
1.CALL TO ORDER
2.INVOCATION
–The invocation will be givenbyMichael Thannisch,Congregation Benim
Avraham.
3.PLEDGE OF ALLEGIANCE
–The Pledge of Allegiancewill be led by Councilmember Jay Martin.
4.PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS
(a)
Proclamation–“La Porte Alzheimer’s Action Day” –Mayor Rigby
5.PUBLIC COMMENTS
(Limited to five minutesper person.)
6.CONSENT AGENDA
(All consent agenda items are considered routine by City Council and will be
enacted by one motion. There will be no separate discussion of these items unless a Councilmember
requests anitem be removed and considered separately.)
(a)
Consider approval or other action regarding the minutes of regular City Council meeting
held on August 27, 2012 –P. Fogarty
(b)
Consider approval or other action awarding RFP # 12506 (Request for Proposal) for
grounds maintenance services at various sites throughout the City of La Porte–S. Barr
(c)
Consider approval or other action regarding Foreign Trade Zone letter of non-objection and
inventory tax agreement between Gulf Winds International,Inc., and the City of La Porte–
S. Osborne
7.PUBLICHEARING AND ASSOCIATED MATTERS
(a)
Public Hearing to receive comments regarding the City of La Porte’s Fiscal Year 2012-2013
Proposed Budget –M. Dolby
(b)
Consider approval or other action regarding an ordinance approving and adopting the City
of La Porte’s Fiscal Year 2012-2013Proposed Budget –M. Dolby
8.ORDINANCES/RESOLUTIONS
(a)
Consider approval or other action regarding a resolution adopting the 2012Appraisal Roll
of the Harris County Appraisal District –M. Dolby
(b)
Consider approval or other action regarding an ordinance establishing the tax rate for the
current tax year for a total tax rate of $.71 perhundred-dollar valuation –M. Dolby
(c)
Consider approval or other action regarding an ordinance establishing the La Porte
Municipal Court as the “Municipal Court of Record in the City of La Porte, Texas,” effective
October 1, 2012, and an ordinance appointing a Presiding Judge and Alternate Judges to
four-year terms –D. Mitrano
9.DISCUSSION OR OTHER ACTION
(a)
Discussion or other action regarding the fill dirt permit requirements within Development
Ordinance 1444 and/or associated policies –T. Tietjens
(b)
Discussion or other action regarding vote for nominees for the Texas Municipal League
Intergovernmental Risk Pool Board of Trustees –P. Fogarty
(c)
Discussion or other action appointing members to various boards, commissions and
committees –P. Fogarty
10.STAFF REPORTS
(a)
Receive Hurricane Season Report from Emergency Management Coordinator –J. Suggs
11.ADMINISTRATIVE REPORTS
(a)
Chamber of Commerce Annual Steak Cookout, Thursday, September 13, 2012
(b)
Health & Safety Fair, Saturday, September 22, 2012
(c)
Fiscal Affairs Committee Meeting, Monday, September 24, 2012
(d)
City Council Meeting, Monday,September 24, 2012
12.COUNCIL COMMENTS
regarding matters appearing on the agenda; recognition of community
members, city employees, and upcoming events; inquiry of staff regarding specific factual
information or existing policies–CouncilmembersMartin,Moser,Kaminski,Zemanek,Leonard,
Engelken, Mosteit,Clausenand Mayor Rigby.
13.EXECUTIVE SESSION
The City Council reserves the right to meet in closed session on any agenda item should the need
arise and if applicable pursuantto authorization by Title 5, Chapter 551, of the Texas Government
Code.
14.RECONVENE
into regular session and consider action, if any, on item(s)discussed in executive
session.
15.ADJOURN
I
n compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable accommodations
for persons attending public meetings. To better serve attendees, requests should be received 24 hours prior to the
meeting. Please contact Patrice Fogarty, City Secretary, at 281.470.5019.
CERTIFICATION
I certify that a copy of the September 10,2012, agenda of items to be considered by the City Council was posted on
the City Hall bulletin board on September4, 2012.
Patrice Fogarty, City Secretary
Council Agenda Item
September10, 2012
1.CALL TO ORDER
2.INVOCATION
–The invocation will be given by Michael Thannisch, Congregation Benim
Avraham.
3.PLEDGE OF ALLEGIANCE
–The Pledge of Allegiance will be led by Councilmember
Jay Martin.
4.PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS
(a)
Proclamation –“La Porte Alzheimer’s Action Day” –Mayor Rigby
5.PUBLIC COMMENTS
(Limited to five minutes per person.)
***********************************************************************************
LOUIS RIGBY
DARYL LEONARD
Mayor
Councilmember District 3
JOHN ZEMANEK
TOMMY MOSER
Mayor Pro Tem
Councilmember District 4
Councilmember at Large A
JAY MARTIN
DOTTIE KAMINSKI
Councilmember District 5
Councilmember at LargeB
MIKE CLAUSEN
MIKE MOSTEIT
Councilmember District 6
Councilmember District 1
CHUCK ENGELKEN
Councilmember District 2
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCILOF THE CITY OF LA PORTE
AUGUST 27, 2012
Monday,August27,2012,
The City Council of the City of La Portemet in aregularmeetingonat the City
6:00p.m
Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at . to consider the
followingitems of business:
1.CALL TO ORDER
Mayor Rigbycalled the meeting to order at 6:00p.m. Members of Council present:
Councilmembers Engelken, Zemanek, Mosteit, Martin, Kaminski, Clausen, LeonardandMoser.
Also present were City Secretary Patrice Fogarty,City Manager Corby Alexander, Assistant City
Manager Traci Leach and Assistant City Attorney Clark Askins.
2.INVOCATION
-The invocation was given byThomas Park,Fairmont ParkChurch.
3.PLEDGE OF ALLEGIANCE
-The Pledge of Allegiance was led by Councilmember Mike Clausen.
4.PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS
(a)
Proclamation–“Texting and Driving -It Can Wait Day” –Mayor Rigby
Mayor Rigby read the proclamation, and reiterated how important it is to not text while driving.
5.PUBLIC COMMENTS
(Limited to five minutes per person.)
Rhonda Lunsford,10280 North H Street, addressed Council concerning improvements at Lomax Arenaand
suggested the project be rebid.
6.CONSENT AGENDA
(All consent agenda items are considered routine by City Council and will be enacted
by one motion. There will be no separate discussion of these items unless a Councilmember requests an
item be removed and considered separately.)
(a)
Consider approval orother action regarding the minutes of regular meeting and Budget
Workshop held on August 13-14, 2012 –P. Fogarty
(b)
Consider approval or other action regarding an ordinance authorizing the City Manager to
execute a Water Service Agreement, and a Sanitary Sewer Service Agreement with Altom
Transport, Inc., in the Bayport Industrial District –T. Tietjens
(c)
Consider approval or other action regarding a resolution authorizing designated signators
for the Texas Community Development Block Grant Program Contract 12-484-000-6650
Round 2.2 –T. Tietjens
(d)
Consider approval or other action regarding a resolution authorizing the City Manager to
sign a grant award and other documents for the Selective Traffic Enforcement Program
(STEP) grant –K. Adcox
Page 1of 6
August 27, 2012, City Council Meeting Minutes
Ordinance2012-3429:
Assistant City Attorney Clark Askins read the caption of
AN ORDINANCE
APPROVING ANDAUTHORIZING A WATER SERVICE AGREEMENT AND A SANITARY SEWER
SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND ALTOM TRANSPORT, INC. (4700 NEW
WEST DRIVE, BAYPORT NORTH INDUSTRIAL PARK I), MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
CouncilmemberLeonardmoved to approve the Consent Agenda,pursuant to recommendations by
MOTION PASSED.
staff,andadopt Ordinance 2012-3429.CouncilmemberEngelkenseconded.
Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Kaminski,
Zemanek, Clausen, Mosteit, Martin and Moser
Nays:None
Absent:None
7.DISCUSSION OR OTHER ACTION
(a)
Discussionor other action regarding proposed zoning ordinance amendments to allow
accessory structures without accompanying primary use within the Large Lot zoning district
–T. Tietjens
Planning Director Tim Tietjens presented a summary.
Councilmember Mosteit commented he agrees with the Special Conditional UsePermit
(SCUP) process being looked at individually.
Councilmember Zemanek moved to allow staff to go forward with plans to take to the
Planning and Zoning Commissionfor a Public Hearing.Councilmember Mosteitseconded.
MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Kaminski,
Zemanek, Clausen, Mosteit, Martin and Moser
Nays:None
Absent:None
(b)
Consider approval or other action regarding Change Order No. 1 for Lomax Arena Roof
Replacement construction contract and Alternate 1 Extensions –S. Barr
Parks and Recreation Director Stephen Barr presented a summary.
Councilmember Zemanek asked Mr. Barr the cost of a brand new building. Mr. Barr
responded $550,000.00without extensions, with the existing foundation being salvaged and
being able to be reworked. Mr. Barr also addedthe cost would include electrical.
Councilmember Moser commented he would like to go back to the 120-mile-per-hour wind
rating.
Mayor Rigby questioned if the public announcement system was attached to the roof. Mr.
Barr responded all speakers will be wired and put back in place.
Assistant City Attorney Clark Askins requestedthe original contractamount.Mr. Barr
responded$265,557.00,excluding electrical.
Page 2of 6
August 27, 2012, City Council Meeting Minutes
Councilmember Leonard commented it would cost $537,203.00 if Council chooses to accept
the original change order. Councilmember Leonard questioned if it would be beneficial to
build a new building.
Councilmembers Clausen and Engelken commented they arein favor of rebidding the entire
project and coming up with a better plan.
Councilmember Mosteit questioned if the project could be rebid. Assistant City Attorney
Clark Askins responded the City has a binding contract and can only rebid the change
orders. Mr. Barr commented the only change presented is for the electrical.
Councilmember Engelken asked Assistant City Attorney Clark Askins if the item could be
tabled and the Legal provide Council with alternatives. Mr. Askins responded yes.
Councilmember Zemanek questioned if Civil Concepts could be requested to provide the
cost of a new building. Assistant City Attorney Clark Askins responded yes,but the project
would have to go outfor rebid.
Councilmember Martin asked Parks and Recreation Director Stephen Barr if staff had a
recommendation.Mr.Barr responded staff has three recommendations: 1) rebid;2) accept
the original Change Order No. 1 and rebid the electrical component;and 3) accept the
original Change Order No. 1 as is. Assistant City Attorney Clark Askins advised the revised
Change Order would not allow compliance with the law which states you cannot have a
change order increase the dollar amount of a contract by more than 25%.
Councilmember Moser questioned if the Change Order could be rebid to anyone. Mr. Barr
responded the Change Order has to go to the contractor the bid was awarded to. Mr. Barr
also responded it can be rebid by taking acomponent out of the scope of work. Assistant
City Attorney Clark Askins advised additional scope of work can be bid,and it has to be
more than 25percentof the original contract price.
Councilmember Engelken moved to table the item, and asked the city attorney to provide
MOTION PASSED.
options.Councilmember Zemanekseconded.
Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Kaminski,
Zemanek, Clausen, Mosteit, Martin and Moser
Nays:None
Absent:None
(c)
Consider approval or other action regarding an ordinance amending Chapter 42,
“Miscellaneous Offenses,” of the Code of Ordinances of the City of La Porte, by prohibiting
the discharge of firearms within the city limits –K. Adcox
Police Chief Ken Adcox presented a summary.
Ordinance2012-3430:
Assistant City Attorney Clark Askins read the caption of
AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA PORTE AMENDING CHAPTER 42,
“MISCELLANEOUS OFFENSES”, ARTICLE II, “WEAPONS”, OF THE CODE OF ORDINANCES OF
THE CITY OF LA PORTE, BY RESTRICTING DISCHARGE OF FIREARMS WITHIN THE CITY
LIMITS; PROVIDING FOR DEFENSES; CONTAINING A REPEALING CLAUSE; CONTAINING A
SEVERABILITY CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS
ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION
SHALL BE FINED IN A SUM NOT TO EXCEED FIVE HUNDRED DOLLARS; PROVIDING FOR
PUBLICATION OF THE CAPTION HEREOF; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Page 3of 6
August 27, 2012, City Council Meeting Minutes
Councilmember Engelken moved toapprove Ordinance 2012-3430amending Chapter 42,
“Miscellaneous Offenses,” of the Code of Ordinances of the City of La Porte, by prohibiting
the discharge of firearms within the city limits.Councilmember Martinseconded.
MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Kaminski,
Clausen, Mosteit, Martin and Moser
Nays:Councilmember Zemanek
Absent:None
(d)
Consider approval or other action regarding Republic Services commercial rate audit –D.
Mick
Public Works Director Dave Mick presented a summary.
Tim Shreve, General Manager of Republic Services,addressed Council and apologized for
billing errors. They researched back to 2009. Mr. Shreve also informed Council processes
are in place to avoid futureerrors, corrections were made;and business owners were
notified as suggested by Councilmember Zemanek.
Councilmember Zemanek requested Republic Services to explain the process of franchise
fees being paid to the City. Chad Readlinger, Division Controller,informed Council that
eachbill has a franchise fee noted on it. At the end of the month,amounts are gathered
from the billing code,and fees are remitted to the City. Councilmember Zemanek
questioned if the City had received excess revenue from franchise fees due from overbilling
in the years 2008-2009. Tim Shreve responded yes;Republic Services can research the
fees.Councilmember Zemanek questioned what Republic Services would do to assure
business owners were no longer over charged. Mr. ShreveinformedCouncil thatRepublic
Services will audit monthly to ensure commercial billing reportsfor customers match the rate
sheets and share the monthly audit with Council.
Councilmember Engelken questioned what internal controls are being utilized by Republic
Services as far as accounting practices in order to catch errors of this nature.Mr. Shreve
advised an independent third party auditor comes out and performstesting. Councilmember
Engelken stated it sounds like there were poor internal controls.
Councilmember Moser commented he did not feel comfortable moving forward with using
Republic Services.
Councilmember Martin questioned if the issue with commercial rates were resolved,would
Republic Services still request a cost of living adjustment. Mr. Shreveresponded the
contract does allow an annual price increase.
Mayor Rigby asked whether the $16,000.00 paid to the City was a result of overbillings. Mr.
Shreve responded it was a result of over payment of franchise fees based on invoices on
account which were overbilled. Mayor Rigby asked whether Republic Services has
intentions of requesting the $16,000.00 back from the City. Mr. Shreve responded no;nor
will they requestreimbursement on the$15,000.00 that was under billedto customers.
Councilmember Zemanekasked whether an account holder which is due a refund could
request that refund in the form of a check[as opposed to a credit on the account].Mr.
Shreve responded, “Absolutely. An account holder can call and request a check refund or
request a credit balance remain on their account.”
No action was taken by Council.
Page 4of 6
August 27, 2012, City Council Meeting Minutes
(e)
Consider approval or other action appointing and/or reappointing members to various
boards, commissions and committees –P. Fogarty
City Secretary Patrice Fogarty presented a summary.
Mayor Rigby asked whether the governmental body representativeof the Firefighters’
Pension Board hasto be an employee of the city. Staff will determine whether the
representative hasto be an employee of the City and advise Council.
Councilmember Engelken advised staff he was finewith the appointees in District2.
Councilmember Engelken moved toapprove reappointments to the positions listed.
MOTION PASSED.
Councilmember Leonardseconded.
Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Kaminski,
Clausen, Zemanek, Mosteit, Martin and Moser
Nays:None
Absent:None
Mayor Rigby directed staff toforward applications on file for the vacant positions on the
Building Codes Appeal Board, Chapter 172 Employee Retiree and Benefits Board, Fire
Code Review Board,and Firefighters’Pension Board.
8.STAFF REPORTS
(a)
Receive drainage report –J. Garza
Senior Engineer Julian Garza provided a drainage report and highlighted updates.
Mr. Garza also reported a meeting will be scheduled the first of October 2012 with City Council.
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Councilmember Moser strongly advised Mr. Garza to make sure residents on 3Street are being
kept in the loop –which has been requested many times in the past –and stated they have not
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beennotified of the project happenings which are presently beingperformed on 3Street.
(b)
Receive Delinquent Tax Report –Mayor Rigby
Assistant City Manager Traci Leach provided the Delinquent Tax Report.
Councilmember Zemanek questioned why the City of La Porte was listed three times on the report.
Assistant City Manager Traci Leach responded the City is the trustee of these delinquent
properties,which are awaiting purchase –the Cityis not delinquent with taxes. Councilmember
Zemanek questionedwhether achurchis required to pay property taxes. City Manager Corby
Alexander responded if a church building or taxable item is used in the execution of the church’s
function in the course of its religious business,the church is eligible for a tax exemption;but if the
church has rental property,a tax exemption does not apply.
9.ADMINISTRATIVE REPORTS
(a)
Labor Day, City Offices closed, Monday, September 3, 2012
(b)
Citizens’ Charter Review Advisory Commission Meeting, Tuesday, September 4, 2012
(c)
City Council Meeting, Monday,September 10, 2012
(d)
La Porte Development Corporation Board Meeting, Monday, September 10, 2012
(e)
City Council Meeting, Monday,September 24, 2012
Page 5of 6
August 27, 2012, City Council Meeting Minutes
In additionlistings above, City Manager Corby Alexanderreported he and Public Works Director
Dave Mick met with Commissioner Jack Morman’s office and were notified of a “Better Streets to
Neighborhoods Program.” The program will begin the first of 2013,and streets will be paved by the
county. Mr. Alexander informedthatPublic Works Director Dave Mick is preparing a list of streets
to be presented to City Council for review before forwarding to Harris County.
10.COUNCIL COMMENTS
regarding matters appearing on the agenda; recognition of community members,
city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies
–Councilmembers Clausen, Martin, Moser, Kaminski, Zemanek, Leonard,Engelken, Mosteit and Mayor
Rigby.
Councilmember Clausen thanked everyone for attending the meeting; Councilmember Martin
updated Council on the TML Region 14 Meeting he attended. He informed Council he has
information regarding the upcoming 2013 legislative session that will affect cities. If anyone is
interested, he will be happy to share that information. He also provided an update onPort of
Houston meeting he attended with Mayor Rigby and City Manager Corby Alexander,andhe
complimented theformat of the City Manager’s Friday Memo; Councilmember Moserexplained his
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concerns and the importance of residents on 3Street being notified of future drainage and street
projects;Councilmember Kaminski wished Councilmember Martin a Happy Birthday and welcomed
Councilmember Mosteit back; Councilmember Leonard commented on the photo taken by City
Council earlier at the Golf Course, the great Habitat for Humanity dedication attended by Council
and wished Councilmember Martin a Happy Birthday; Councilmember Engelken complimented the
format of the City Manager’s Friday Memo and likes the shirts worn by Council for the photo taken
at the Golf Course earlier; Councilmember Mosteit thanked staff and Council for everything when
he was away during his knee surgery.
11.EXECUTIVE SESSION
The City Council reserves the right to meet in closed session on any agenda item should the need
arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government
Code.
Texas Government Code, Section 551.074 –
Deliberation concerning the appointment,
employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or
employee: Corby Alexander, City Manager
City Council recessed the regular meeting to convene an executive session at 7:37p.m. to discuss
thedutiesof the city manager.
12.RECONVENE
into regular session and consider action, if any, on item(s)discussed in executive
session.
The regular meeting was reconvened at8:37p.m. No action was taken.
13.ADJOURN
There being no further business, Councilmember Engelken moved to adjournthe meeting at 8:37 p.m.
Respectfully submitted,
_______________________________
Patrice Fogarty, City Secretary
Passed and approved on September 10, 2012.
________________________________
Mayor Louis R. Rigby
Page 6of 6
August 27, 2012, City Council Meeting Minutes
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: September10, 2012Appropriation
Requested By:Stephen L. BarrSource of Funds: Fund 001
Department:Parks & RecreationAcc’t Number:001-6146-515-5007
_X__Resolution: _____Ordinance: ____Amount Budgeted: $190,390
Report:
Exhibits: ProposalEvaluationAmount Requested: $223,920
Exhibits: Bidder’s ListBudgeted Item: YES X NO
Exhibits:
_____________________________________________________________________________________________
SUMMARY & RECOMMENDATION
The City issued Sealed RFP #12506 for Grounds Maintenance Services at various sites (park and trail
sites, and for esplanades and City buildings), to eighteen potential bidders. Also includedin the
proposal packageis the new detention basin in the F216 watershed, as well as additional esplanade and
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trail segments that are currentlymaintained by the City.Bids were opened on August 21with six
Camp’s Landscape Services
vendorsresponding. After evaluation of the proposals, was chosen as the
Camp’s Landscape Services
contractor most advantageous for the City.has good references in the
area and has provided landscape maintenance services to the City of La Porte for a number of years.
Camp’s Landscape Services
proposal forlandscape maintenance services to the City for Section 1
Parks Grounds and Trails is $88,100; forSection 2Non-Departmental is $122,320;and Alternate 1
F216 Detention Basinis $13,500 for a total proposal of $223,920.
Camp’s Landscape Services
Staff recommends acceptance of the proposal from in the amountof
$223,920
for landscape/grounds maintenance services at various sites throughout the City of La Porte,
as proposer best meeting the needs ofthe City for this contract.
Action Required by Council:
Camp’s Landscape Services$223,920
Consider award of contractto in the amount of for grounds
maintenance services at various sites throughout the City of La Porte, as proposer best meeting the
needs of the City for this contract.
____________________________________________________________________________________
Approved for City Council Agenda
___________________________________________________________
Corby D.Alexander, City ManagerDate
BIDDER’S LIST
SEALED RFP#12506–CITY OF LA PORTE PARKS AND
GROUNDS MAINTENANCE SERVICES
K& K Tractor Service
Shear Cuts Lawn Service
3012 Randolph Rd.
Pasadena, TX 77503
5202 Barton Creek Dr.
Pasadena, TX 77505
La Porte Feed and Lawn
MaintenanceEarth Works
127 N 18th St.211 League City Parkway
La Porte, TX 77571League City, TX 77573
Groft RemodelingHolloway’s Lawn Maintenance
th
2434 Lily St.710 South 7
Pasadena, TX 77503La Porte, TX 77571
Bill ScottCamp Landscape Services
1802 Lomax School Road1506 Atlanta
La Porte, TX 77571Deer Park, Texas 77536
H & G MowingHysco Landscaping
2023 Cemetery Road2388 Austin St.
Santa Fe, TX 77517League City, TX 77573
Baytown Tractor Mowing
2802 Kettering Dr.
Baytown, TX 77521
Bio Landscape & Maintenance
5205 Dow Rd.
(Hub Vendor)
Houston, TX 77040
Hydrozone Landscape & Irrigation
P.O. Box 1242
(Hub Vendor)
Baytown, TX 77522
Coastal Maintenance
P.O. Box 1933
Friendswood, TX 77549-1933
Ground Star Inc
2640 E League City Pkwy #120
League City, TX 77573
Flori-Tex, Inc.
P.O. Box 8121
Pasadena, Texas 77508-8121
Von Younger Landscaping, Inc
313 W Donovan St
Houston, TX77091
Econocuts
15716 S. Brentwood
Channelview, Texas 77530
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:9/10/12
Source of Funds:
Requested By:Stacey Osborne
Account Number:
Department:CMO
Amount Budgeted:
Report:Resolution:Ordinance:
Amount Requested:
Budgeted Item:YES NO
Exhibits:A.Gulf Winds FTZ Agreement
B.Letter of Non-Objection
C.Foreign Trade Zone Benefits
SUMMARY & RECOMMENDATION
The City of La Porte is located within a foreign trade zone (FTZ), and properties within a trade
zone can be granted foreign trade zone status by the designated grantee for that zone. The City
falls within Foreign Trade Zone No. 84, and the Port of Houston is our Foreign Trade Zone
Grantee. Port Crossing has already been granted FTZ status by the Port of Houston, and Gulf
Winds International, Inc. also desires to participate in the FTZ program. In order to participate
Gulf Windsmust file an application for activation with the U.S. Customs and Border Protection
CBP to activate a portion of the building within the Houston Foreign Trade Zone No. 84. A letter
of non-objection from the City will aid in their efforts to obtain the required sponsorship letter
from the Port of Houston, the grantee.
Gulf Winds International, Inc. is the operator of a building located within the 289.94 +/-acre
Port Crossing Industrial Park, Zone Site 20, which it will be leasing from PORT CROSSING A4
LP, a Texas limited partnership. The specific building at which the company will be operating
the FTZ is located at 1842 South 16th Street, La Porte, Texas 77571. Gulf Winds is requesting a
letter of non-objection from the City, to be used in their efforts to be a part of the foreign trade
zone program. An agreement between the City and Gulf Winds International, Inc.is attachedas
Exhibit A, and following is a brief explanation of why the companyneeds this letter and how the
foreign trade zone program works.
About the Foreign Trade Zone(FTZ)
FTZstatus provides a federal exemption from state and local ad valorem taxes on tangible
personal property importedfrom outside the United States, and held in a foreign trade zone for
the purpose of storing, sale, exhibition, repackaging, assembly, distribution, sorting, grading,
cleaning, mixing, display, manufacturing or processing and tangible personal property produced
in the United States and held in a foreign trade zone for exportation, either in its original form or
as altered by anyof the above processes. Inventory qualifyingunder the law and held at the
facility in FTZspace that is activated by U.S. Customsis exempt from state and local ad valorem
taxes.
Companies that import a significant portion of their raw materials from overseas participate in
the FTZprogram for a number of reasons. Significant benefits include relief from inverted
tariffs, duty exemption on re-exports, duty elimination on waste, scrap, and yield loss, Weekly
Entry Savings, and duty deferral. Exhibit Cincludesa page from the Foreign Trade Zone
Resource Center, which explains these benefits in detail.
The Gulf Winds International,Inc.Agreement
The agreement between Gulf Winds International, Inc.and the City of La Porte states thatthe
companyagrees to waive the Federal Exemption with respect to ad valorem taxes payable to the
City for FTZ inventory owned by the company and located within the complex to the extent of
75% of the City’s ad valorem tax rate, claiming only 25% of the Federal exemption. The
company agrees to pay the City 75% of the otherwise total ad valorem tax liability on FTZ
inventory owned by the Company.
Under Federal law, the valuation dates for tax purposes are January 1 and September 1. On those
dates, the company will identify any inventory that qualifies for an FTZ exemption, and pay 75%
of the ad valorem taxes on that inventory that would otherwise be due to the City of La Porte.
The agreement also states that theCity of La Porte will submit a letter of non-objection(see
Exhibit B)so that the companycan proceed with their application to the Port of Houston for FTZ
status.
Staff recommends that Council approve the agreement as presented.
Action Required by Council:
1.Consider approval or other action of an agreement between Gulf Winds International,
Inc.and the City of La Porte.
2.Consider approval or other action of a letter of no objection for the Gulf Winds
International, Inc. foreign trade zone application.
Approved for City Council Agenda
Corby D. Alexander, City ManagerDate
FOREIGN TRADE ZONE AGREEMENT FOR THE PAYMENT OF AD VALOREM TAXES
AND Gulf Winds International Incorporated
THIS AGREEMENT (this Agreement ) is entered into by and between Gulf Winds International Inc.,Company ) and
City of La Porte, Texas ( City ).
A.Recitals
1.The Port of Houston Authority is grantee of Foreign Trade Zone N
2.The Company is the operator of a building located within the 289.94 +/- acre Port Crossing Industrial Park,
Zone Site 20, which it will be leasing from PORT CROSSING A4 LP, a Texas limited partnership. The specific
th
building at which the company will be operating the FTZ is locat Street, La Porte, Texas
77571 on a tract of land more particularly described in Exhibit eto.
3.Company desires to participate in the foreign trade zones progra
filed with the U.S. Customs and Border Protection CBP to activat
Houston Foreign Trade Zone No.84;
4.A letter of non-objection from the City will aid in the efforts to obtain the re
the Port of Houston, the Grantee of Foreign Trade Zone No. 84;
5.19 U.S.C § 81 0(e) provides a federal exemption from state and local ad valorem taxes on tangible personal
property imported from outside the United States, and held in a
storage, sale, exhibition, repackaging, assembly, distribution,
manufacturing or processing and tangible personal property produced in the United Sta
foreign trade zone for exportation, either in its original form
6.Inventory qualifying under 19 U.S.C. § 81o(e) and held at the Facility in foreign trade zone space that is
activated by U.S. Customs pursuant to 19 C.F.R. § 146 is exempt
7.Company and the City desire that the foreign trade zone designatf
revenue to the City Taxing Jurisdictions;
NOW, THEREFORE, in consideration of the mutual promises expresset, the parties agree as follows.
B.Definitions
When used herein, the listed words have the following meanings:
1. City means the City of La Porte, Texas and does not include any other entit
but not limited to, cities, utility, districts and/or school dis
2. Complex means the site described in Exhibit A attached hereto and all improvements thereon.
3. FTZ Inventory means any inventory held in the Complex that would qualify for t
exemption for certain foreign trade zone inventory that would otherwise be taxable by the Ci
Jurisdictions pursuant to Chapter 11, TEX. PROPERTY TAX CODE.
4. Payment means the amount equal to the property taxes on FTZ Inventory
Taxing Jurisdiction in accordance with the provisions of Chapter
81 o(e) exemptions is not applied.
C.Obligations
1.Company agrees to the following with respect to FTZ Inventory ow
a)Company waives the federal exemption provided in 19 U.S.C. § 81 o(e) with respect to ad valorem taxes
payable to the City for FTZ Inventory owned by Company and located at the Complex, to the extent of
75% of the Citys ad valorem tax rate, thereby claiming the Fede
will actually pay to the City 75% of the otherwise total ad valnventory owned
by the company. Company further agrees not to raise the aforemen
protesting the appraisal of any FTZ Inventory owned by the compa
stst
b)On January 1 and September 1 of each year (the valuation date(s) for taxation purposes pursuant to
TEX. TAX CODE SECTIONS 23.01 and 23.12(f)), Company will use rea
designate in a clearly identifiable manner any FTZ Inventory own
trade zone space at the Complex.
c)If the Texas Legislature alters the valuation date(s) for taxati
restriction outlined above will apply only to the new valuation
d)Company will do the following:
1)Render information related to FTZ Inventory owned by it and loca
by the TEXAS PROPERTY TAX CODE to Harris County Appraisal DistriHCAD ), without regard
to and without identifying FTZ Inventory as subject to or eligibr the federal exemption in 19
U.S.C. §81o(e), and provide a copy to the city.
stst
2)On or before December 1of each year, during the term of this Agreement (and/or August 1 in
st
cases where Company has elected a September 1 valuation date for taxation purposes
pursuant to TEX. TAX CODE SECTION 23.12(f)), Company agrees to c
claim the exemption in 19 U.S.C. §81o(e) as it relates to the FT
any, with respect to ad valorem taxes payable to the City on such FTZ Inventory, only at the
percentage rate agreed to under Paragraph C of this agreement.
2.Immediately upon execution of this Agreement, the City shall iss-objection in substantially the
form attached as Exhibit B, which is to be filed as part of the Companys Application for Activation of the
of the Site 20 within Foreign Trade Zone No. 84 which encompasse
3.Company agrees that this Agreement is necessary for the Activati 20 to
include the Complex, and such Activation is in the best interest
Company of this Agreement or a determination of its invalidity w
D.Miscellaneous Provisions
1.Governing Law. This Agreement will be interpreted under the laws of the Stat
2.Binding Effect. This Agreement shall extend to and be binding upon and inure
hereto, and their respective legal representatives, successors and assigns. It is agreed that City Taxing
Jurisdiction is a beneficiary of this Agreement and shall be ent
breach.
3.Entire Agreement. This Agreement supersedes any prior understanding or oral agr between the parties
with respect to the subject matter hereof and constitutes the en
parties with respect to the subject matter hereof, and there are
representations or warranties among the parties with respect to the subject matt
forth herein or provided for herein.
4.Agreement Does Not Affect Other Rights Obligations or Agreements. This Agreement does not supersede,
modify or affect any other agreement that has been or may be entered into between Com
taxing jurisdiction or any other person or entity.
5.Modification of Agreement. This Agreement may be modified only by written consent of all
6.Further Assurances. The parties covenant and agree that they will execute such other
are or may become necessary of convenient to effectuate and carr
including specifically all payment in lieu of tax agreements souht by Users.
7.Severability. To the extent permitted by law, a holding by any court that a
Agreement is invalid, illegal or unenforceable in any respect, s
Agreement shall be construed as if the invalid, illegal or unenforceable provision had
Agreement.
8.Notices. Any notice permitted or required to be given must be in writin
Mail, return receipt requested, to the applicable party addressed as follows:
Gulf Winds International, Inc.
Attn.: Mr. Gabriel Allen
411 Brisbane
Houston, TX 77061
City of La Porte, Texas
604 Fairmont La Porte, Texas 77571
Attention: City Manager
9.Term of Agreement. This Agreement shall terminate upon the revocation or termination of the grant of for
trade zone status by the Foreign Trade Zone Board with regard to
10.Counterparts. This agreement may be executed in multiple identical counterp
shall constitute one and the same instrument. A facsimile or simi
party hereto or a copy of a counterpart signed by a party hereto
party for purposes hereof.
EXECUTED on the dates set forth below, but effective as of the last dat
Gulf Winds International, Inc.
By:____________________________
Date:__________________________
CITY OF LA PORTE, TEXAS APPROVED AS TO FROM
ASSIST. CITY ATTORNEY
By:___________________________ By:___________________________
Date:_________________________
Foreign-Trade Zone Benefits
Printable Version
of This Page
Why Companies use Foreign-Trade Zones
All of the benefits the Foreign-Trade Zones program can offer manufacturers and
processors located in the United States are too numerous to list here. But, there a
few main benefits that account for most of the companies that use the Zones
program. Those benefits are listed below:
Relief from inverted tariffs—In certain instances, there are tariff (import
duty) relationships that actually penalize companies for making their product in
the United States. This occurs when a component item or raw material carries
a higher duty rate than the finished product. Hence, the importer of the
finished product pays a lower duty rate than a manufacturer of the same
product in the United States. This gives the importer an unfair and unintended
advantage over the domestic manufacturer. The Foreign-Trade Zones program
levels the playing field in these circumstances.
FOR EXAMPLE: A Foreign-Trade Zone user imports a motor (which carries a 4%
duty rate) and uses it in the manufacture of a vacuum cleaner (which is free of
duty). When the vacuum cleaner leaves the FTZ and enters the commerce of
the U.S., the duty rate on the motor drops from the 4% motor rate to the free
vacuum cleaner rate. By participating in the Zones program, the vacuum
cleaner manufacturer has virtually eliminated duty on this component, and
therefore reduced the component cost by 4%.
Duty exemption on re-exports—Without a zone, if a manufacturer or
processor imports a component or raw material into the United States, it is
required to pay the import tax (duty) at the time the component or raw
material enters the country. However, a Foreign-Trade Zone is considered to
be outside the commerce of the United States and the U.S. Customs territory.
So, when foreign merchandise is brought into a Foreign-Trade Zone, no
Customs duty is owed until the merchandise leaves the zone and enters the
commerce of the United States. Only then is the merchandise considered
imported and the duty paid. If the imported merchandise is exported back out
of the country, no Customs duty is ever due.
Duty elimination on waste, scrap, and yield loss—Again, without a zone,
an importer pays the Customs duty owed as material is brought into the
United States. This is because the material is considered imported at this point.
If the processor or manufacturer is conducting its operations within a zone
environment, the merchandise is not considered imported, and therefore no
duty is owed until it leaves the zone for shipment into the United States. To
demonstrate how this would benefit a company that has scrap, waste, or yield
loss from an imported component, lets look at a chemical processing plant.
FOR EXAMPLE: A chemical plant manufacturing hydroxywidgitpropolyne, which
carries a 15% duty rate, uses the raw material oxyovertaxophene, which also
carries a 15% duty rate, for one of its raw materials. Part of the production
process consists of bringing the imported oxyovertaxophene to extreme
http://www.foreign-trade-zone.com/benefits.htm[6/3/2011 3:48:15 PM]
Foreign-Trade Zone Benefits
temperatures. During this process 30% of the oxyovertaxophene is lost as
heat. If a processing company not in the Zones program imports $10,000,000
per year of oxyovertaxophene, it will pay $1,500,000 in duty as the raw
material enters the United States.
If the same company utilizes the zones program, it does not pay duty on the
oxyovertaxophene until it leaves the zone and is imported into the United
States. The zone user brings the oxyovertaxophene into the zone with no duty
owed. It then processes the oxyovertaxophene into hydroxywidgitpropolyne.
Remember, during this process 30% of the raw material is lost due to waste
factors, so the $10,000,000 in oxyovertaxophene is now worth only
$7,000,000. Assuming all of the end product is sold into the United States, the
15% Customs duty totals only $1,050,000. This represents a savings of
$450,000.
While at first glance it might look like the Zones program is simply benefiting
an importer, it is important to remember that its competitors making the same
product overseas already have the benefit of not having to pay on the yield
loss in the production of their hydroxywidgitpropolyne.
Weekly Entry Savings—On May 18, 2000 the Trade and Development Act of
2000 was passed and signed by President Clinton. This Act had a provision in it
that allowed the use of the Weekly Entry procedure for all manufacturing and
distribution Foreign-Trade Zones.
Weekly Entry (allowed only to Foreign-Trade Zone users) provides economies
for both Customs and Foreign-Trade Zone users. Under Weekly Entry
procedures, the zone user files only one Customs Entry per week, rather than
filing one Customs Entry per shipment. Customs no longer has to process an
entry for each and every shipment being imported into the zone, and the
Foreign-Trade Zone community no longer has to pay for the processing of each
and every entry.
Companies located outside Foreign-Trade Zones pay a .21% merchandise
processing for each and every formal entry processed by U.S. Customs. There
is a minimum $25 processing and a maximum $485 processing fee per Entry,
regardless of the duty rate on the imported merchandise. The maximum
processing fee is reached for Entries (shipments) with a value over $230,952.
Companies often receive many shipments over this amount.
FOR EXAMPLE: 10 shipments per week, each with a value of over $230,952,
would amount to a merchandise processing fee of $4,850 ($485 x 10) per
week. If this number is annualized the amount is $252,200 (52 x $4,850) per
year.
Companies in a Foreign-Trade Zone may take advantage of the Weekly Entry
procedure. In the case of the above example, Weekly Entry would provide for
one Entry per week. For example: the 10 ($230,952) shipments per week
would be filed as a single shipment of $2,309,520 each week. The merchandise
processing fee would amount to the maximum of $485 total for the week. If
this fee is annualized utilizing Weekly Entry it is a total of only $25,220 yearly.
In this example Weekly Entry provides a savings of $226,980 per year. Each
company’s savings could be significantly more or less depending on the number
of shipments received during the year. A graphic example of Weekly Entry
savings is shown below.
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Foreign-Trade Zone Benefits
Duty Deferral—Again, since Foreign-Trade Zones are outside the Customs
territory of the United States, goods are not imported until they leave the
zone. Therefore, Customs duty is deferred until merchandise is imported from a
Foreign-Trade Zone into the United States. So, instead of companies having
substantial monies tied up in Customs duties on their inventory, they have use
of that money for other purposes.
There are many other substantial benefits that the Zones program has to offer
manufacturers and distributors in the United States, but the benefits listed are the
key benefits that attract most companies to the Zones program. More and more
companies look globally when deciding to locate or expand a new manufacturing or
processing facility. When these companies make these location and expansion
decisions, they do take into account all costs of manufacturing in a certain country.
Unfortunately, there are unintended import tax penalties for many companies located
in, or considering locating in, the United States. The Foreign-Trade Zones program
http://www.foreign-trade-zone.com/benefits.htm[6/3/2011 3:48:15 PM]
Foreign-Trade Zone Benefits
plays an important role in providing a level playing field when investment and
production decisions are made. While the U.S. government might incur a reduction in
Customs duty revenue by the use of the Zones program, it more than makes up for
it by the income tax it gains from the jobs created or retained. In addition, local
governments benefit from sales and property taxes.
The Foreign-Trade Zones program has proven to be a successful trade program by
consistently creating and retaining jobs and capital investment in the United States.
to top
http://www.foreign-trade-zone.com/benefits.htm[6/3/2011 3:48:15 PM]
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:September 10, 2012
Source of Funds:N/A
Requested By:MichaelG.Dolby, CPA
Account Number:N/A
Department:Finance
Amount Budgeted:N/A
Report: Resolution:Ordinance:
Amount Requested:N/A
Exhibits: Notice of Public Hearing
Budgeted Item:YESNO
Exhibits: Presentation for Public Hearing
Exhibits:
SUMMARY & RECOMMENDATION
rd
On July 23,Council approved that a Public Hearing for the Fiscal Year 2012-2013Proposed
Budget be held on Monday, September10, 2012, at the regularly scheduled Council meeting,
which begins at 6:00 p.m.
The City Council held budget workshops on August 13through August 14, 2012to discuss
proposed budgets for the fiscal year beginning October 1, 2012and ending September 30, 2013.
The following presentation summarizesthe result of the workshops held with City Council. All
changes made by Council were incorporated into the various budgets. These changes include:
Remove$1,500,000 transfer from General Fund to the Health Fund. Create reservation
in the current year, and transfer if needed.
Increase City departmental contributions per position for health insurance by
approximately 20%, from $8,115 to $9,710, totaling an increase of approximately $700K.
Eliminate$16,476 in the Parks budget for hosted solution start up costs included in CIP.
Eliminate$600 in City Secretary’s budget for cable.
Add $600 to Planning & Engineering overtime budget.
EliminateOffice Manager Positionin City Manager’s Office. (Approx. $67k)
Add $16,000 of the Office Manger savings to CommunityInvestment for contract
graphic design services, as needed.
Increase health fund costs to a total of $4.85 million for the current year and $5.2 million
for Fiscal Year 2013.
Adjust the Emergency Services District budget to reflect the budget adopted by the board.
Changes total $1,802.
Action Required by Council:
Conduct the Public Hearing on the City’s FY 2012-2013Proposed Budget.
Approved for City Council Agenda
Corby Alexander, City ManagerDate
THE STATE OF TEXAS )
COUNTY OF HARRIS )
CITY OF LA PORTE )
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council of the City of La Porte
th
will hold a Public Hearing on the 10day of September2012, in the Council
Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas,
beginning at 6:00 P.M. The purpose of this hearing is to provide citizens the
opportunity to comment on the overall budget.
This budget will raise moretotal property taxes than
last year’s budget by$702,479.00, or 4.87%.It is unknown
at this time the amount of tax revenue to be raised from
new property added to the tax roll this year.
The City of La Porte, must, by Charter requirement, adopt its fiscal
budget bySeptember 30, 2012.Copies of the adopted budget will be
available for public inspection and copying at the office of the City
Secretary, City Hall, 604 West Fairmont Parkway, La Porte, Texas, and the
La Porte Community Library, 600 South Broadway, La Porte, Texas, during
normal business hours.Copies will also be made available on the City’s
website.
CITY OF LA PORTE
Patrice Fogarty, TRMC, MMC
City Secretary
Revenue in millions
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:September10,2012
Source of Funds:N/A
Requested By:Michael Dolby, CPA
Account Number:N/A
Department: Finance
Amount Budgeted:N/A
Report: Resolution:Ordinance:XX
Amount Requested:N/A
Exhibits:
Ordinance
Budgeted Item:YESNO
Exhibits:
Copy of Public Hearing Notice
Exhibits:
SUMMARY & RECOMMENDATION
The City Council held budget workshops on August 13through August14,2012to discuss
proposed budgets for the fiscal year beginning October 1, 2012and ending September 30, 2013.
The Summary of Funds, which is shown below, represents the result of the workshops held with
City Council. All changes made by Council were incorporated into the various budgets.
Revised 2012Proposed 2013
General Fund $36,930,239$36,247,751
Grant Fund1,336,7386,552,810
Street Maintenance Sales Tax Fund1,048,1621,200,000
Emergency Services District Sales Tax Fund662,314802,785
Hotel/Motel Occupancy Tax390,721564,751
EconomicDevelopment Corporation1,779,614816,318
Tax Increment Reinvestment Zone1,787,7352,613,579
Utility7,948,2978,042,334
Airport 50,59863,669
La Porte Area Water Authority1,158,5691,195,760
Motor Pool 2,654,2932,496,768
Insurance Fund 5,325,5405,709,684
Technology Fund00
General Capital Improvement 9,564,975673,500
Utility Capital Improvement 1,424,048175,000
Sewer Rehabilitation Capital Improvement 350,000350,000
Drainage Improvement Fund199,336250,000
2004 Certificates of Obligation Bond Fund326,9370
2006 General Obligation Bond Fund00
2007 Certificatesof Obligation Bond Fund395,66123,391
2010Certificates of Obligation Bond Fund1,953,4121,075,223
Transportation & Other Infrastructure Fund9,53350,807
General Debt Service 3,546,8522,508,337
Utility Debt Service 306,679296,861
La Porte Area Water Authority Debt Service693,150698,556
Total of All Funds $79,843,403$72,407,884
There is no change in the Tax Rate, which has remained constant for the last twenty-fouryears.
House Bill 3195, passed by the Texas Legislature in 2007, amends Section 102.007 of the Texas
LocalGovernment Code to require that the Council must take a separate vote to ratifyincreased
property taxrevenues that are reflected in the budget. The FY 2012-13budget includes fewer
property tax revenuesthan in FY 2011-12. The projected decrease in revenues from property
taxes is reflected in the budget aspresented; therefore, a separate vote to ratifythe property tax
revenue increase is not required.
Action Required by Council:
1.Conduct Public Hearing
2.Consider approval or other action to adoptOrdinance approving Fiscal Year 2012-13
Proposed Budget.
Approved for City Council Agenda
Corby D. Alexander, City ManagerDate
THE STATE OF TEXAS )
COUNTY OF HARRIS )
CITY OF LA PORTE )
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council of the City of La Porte
th
will hold a Public Hearing on the 10day of September2012, in the Council
Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas,
beginning at 6:00 P.M. The purpose of this hearing is to provide citizens the
opportunity to comment on the overall budget.
This budget will raise moretotal property taxes than
last year’s budget by$702,479.00, or 4.87%.It is unknown
at this time the amount of tax revenue to be raised from
new property added to the tax roll this year.
The City of La Porte, must, by Charter requirement, adopt its fiscal
budget bySeptember 30, 2012.Copies of the adopted budget will be
available for public inspection and copying at the office of the City
Secretary, City Hall, 604 West Fairmont Parkway, La Porte, Texas, and the
La Porte Community Library, 600 South Broadway, La Porte, Texas, during
normal business hours.Copies will also be made available on the City’s
website.
CITY OF LA PORTE
Patrice Fogarty, TRMC, MMC
City Secretary
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:September 10, 2012
Source of Funds:N/A
Requested By: Michael G. Dolby, CPA
Account Number:N/A
Department: Finance
Amount Budgeted:N/A
Report: Resolution: XXOrdinance:
Amount Requested:N/A
Exhibits: Certification from HCAD
Budgeted Item:YESNO
Exhibits: Resolution
Exhibits:
SUMMARY & RECOMMENDATION
On August24,2012, the City of La Porte received the Certified Appraisal Roll from the Harris
County Appraisal District.
Section 26.04 of the State Property Tax Code requires the submission of the Appraisal Roll to
the Governing Body.
The 2012Certified Tax Roll for the City of La Porte, as received from the Harris County
Appraisal District (HCAD), shows a total appraised value of $2,543,250,893and a total taxable
value of $2,042,493,243.
Action Required by Council:
Approve Resolution for acceptance of the appraisal roll.
Approved for City Council Agenda
Corby D. Alexander, City ManagerDate
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:September 10, 2012
Source of Funds:N/A
Requested By:Michael G. Dolby, CPA
Account Number:N/A
Department: Finance
Amount Budgeted:N/A
Report: Resolution: Ordinance:XX
Amount Requested:N/A
Exhibits:Ordinance
Budgeted Item:YESNO
Exhibits:Effective Tax Rate Calculation
Exhibits:
SUMMARY & RECOMMENDATION
The Fiscal Year 2012-13Budget was built around a tax rate of .71 cents per hundred dollar
valuation.
A breakdown of the tax rate is as follows:
General Fund = .64cents per hundred dollar valuation
Debt Service =.07cents per hundred dollar valuation
The tax rate of .71 cents is the same rate that has been adopted for the last twenty-threeyears.
The Effective Tax Rate = 0.735cents per hundred dollar valuation, which is the maximum rate
without advertisements and a public hearing.
Action Required by Council:
Consider approval or other action of anOrdinance establishing the tax rate for Fiscal Year 2012-
13at 71 cents per hundred dollar valuation.
Approved for City Council Agenda
Corby D. Alexander,City ManagerDate
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested:September 10, 2012
Source of Funds:n/a
Requested By:Denise Mitrano/Lynda Kilgore
Account Number:n/a
Department:Municipal Court
Amount Budgeted:n/a
Report: Resolution:Ordinance:X
Amount Requested:n/a
Exhibits:Ordinance establishing Municipal Court of Record
Budgeted Item: YESNO
Exhibits: Strikeout version of Ch. 46
ExhibitsOrdinance appointing Presiding Judge/Alternate Judges
SUMMARY & RECOMMENDATION
A presentation was made to City Council on June 25, 2012 proposing that the La Porte
Municipal Court become a Court of Record. City Council was in agreement withthis change
and direction was given to staff to make all necessary preparations for an effective transition date
of October 1, 2012, to coincide with the beginning of the 2012-2013 fiscal year.
In order to effectuate this transition to a municipal court of record, two ordinances are required.
The first is an ordinance establishing a municipal court of record for the City with an effective
date of October 1, 2012.In addition to establishing a court of record, the proposed ordinance
amends Chapter 46, “Municipal Court,” of the Code of Ordinances, in its entirety. Regarding
“Article II –Miscellaneous,”of the proposed ordinance, the proposedlanguage replaces
repealed/outdated provisions; and adds current language and references,as necessary,to
modernize these provisions.
The second ordinance appoints a presiding judge and alternate judges for the Municipal Court.
Denise Mitrano is set for appointment as the Presiding Judge and four alternate judges will be
appointed for a four year term.
Action Required by Council:
1.Consider approval orother action ofan ordinance proposing that the La Porte Municipal
Court become a court of record effective October 1, 2012.
2.Consider approval or other action of an ordinance appointing a Presiding Judge and
Alternate Judges.
Approved for City Council Agenda
Corby D. Alexander,City ManagerDate
ORDINANCE NO. 2012-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA PORTE AMENDING
CHAPTER 46, "MUNICIPAL COURT", OF THE CODE OF ORDINANCES OF THE CITY
OF LA PORTE,BY ESTABLISHING THE LA PORTE MUNICIPAL COURT AS A COURT
OF RECORD;CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY
CLAUSE;FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING
AN EFFECTIVE DATE HEREOF.
WHEREAS
, Chapter 30 of the Texas Government Code authorizes a city
to establish a municipal court of record; and
WHEREAS
, the City Council of the City of La Porte, Texas deems
it necessary to establish a municipal court of record, in order to
provide for the efficient disposition of cases arising within the City
of La Porte;
WHEREAS
, the City Council wishes to provide for a more effective
means to enforce the ordinances and laws of the City; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
The factsand recitations contained in the preamble
of this ordinance are hereby found to be true and correct.
Section 2.
Chapter 46, "Municipal Court",of the Code of
Ordinances of the City of La Porte is hereby amended in its entirety
byreplacing sections46-1 through 46-6 with new Sections 46-1 through
46-63,and shall hereafter read as follows, to-wit:
ARTICE I. MUNICIPAL COURT OF RECORD
“
DIVISION 1. –GENERALLY
Sec.46-1.-Creationandname.
(a)Thecitycouncilherebycreatesamunicipalcourtofrecord
tobeknownasthe"MunicipalCourtofRecordintheCity
ofLaPorte,Texas"inordertoprovideamoreefficient
dispositionofcasesarisinginthecityandinorderto
moreeffectivelyenforcetheordinancesofthecity.
1
(b)Thecitycouncilherebyadoptsstatelawregarding
municipalcourtsofrecord,asamended,andtotheextent
thatthisarticleconflictswithstatelaw,statelawshall
govern.
Sec.46-2.-Jurisdiction.
(a)Thecourthasthejurisdictionprovidedbygenerallawfor
municipalcourts.
(b)Thecourthasjurisdictionovercriminalcasesarising
underordinancesauthorizedbyTexasLocalGovernmentCode
Secs.215.072,217.042,341.903and551.002.
(c)Thecourthasconcurrentjurisdictionwithanyjustice
courtinanyprecinctinwhichthecityislocatedin
criminalcasesthatarisewithinthecityandare
punishableonlybyfine.
(d)Thecourthasciviljurisdictionforthepurposeof
enforcingordinancesenactedunderSubchapterA,Chapter
214,TexasLocalGovernmentCode,orSubchapterE,Chapter
683,TexasTransportationCode.
(e)Thecourthasconcurrentjurisdictionwithadistrict
courtoracountycourtatlawunderSubchapterB,Chapter
54,TexasLocalGovernmentCode,withinthecity's
territoriallimitsandpropertyownedbythecityinthe
city'sextraterritorialjurisdictionforthepurposeof
enforcinghealthandsafetyandnuisanceabatement
ordinances.
(f)Thecourthastheauthoritytoissue:
(1)Searchwarrantsforthepurposeofinvestigatinga
healthandsafetyornuisanceabatementordinance
violation;and
(2)Seizurewarrantsforthepurposeofsecuring,
removingordemolishingtheoffendingpropertyand
removingdebrisfromthepremises.
(g)Thecourthastheauthoritytoestablishproceduresand
localrulesforthepurposeofpromotingthespeedy
resolutionofdisputesinvolvingtheenforcementofthe
healthandsafetyandnuisanceabatementordinancesofthe
city.
Sec.46-3.-Lawgoverningprocedures.
ExceptasprovidedinTexasGovernmentCode,Chapter30,
asamended,theTexasCodeofCriminalProcedureandtheTexas
2
RulesofAppellateProcedureshallgoverncasesproceeding
beforethecourt.
Sec.46-4.-Sealofthecourt.
Thecitycouncilshallprovidethecourtwithaseal.The
seal'sappearanceanduseshallsubstantiallyconformtoTexas
CodeofCriminalProcedurearticle45.02.Thesealshallinclude
thefollowingphrase:"MunicipalCourtofRecordintheCity
ofLaPorte,Texas."
Secs.46-5—46-14.-Reserved.
DIVISION 2. –MUNICIPAL JUDGE
Sec.46-15.-Appointment;dutiesgenerally.
Thecourtshallbepresidedoverbyoneormoremunicipal
judges,whoshallbeappointedbythecitycounciltoservefor
atermoffouryears.Ifmorethanonejudgeisappointed,the
citycouncilshallappointoneofthejudgestoserveasthe
presidingjudge.Thepresidingjudgeshall:
(1)Maintainacentraldocketforcasesfiledinthecity
overwhichthecourthasjurisdiction;
(2)Provideforthedistributionofcasesfromthe
centraldockettotheindividualmunicipaljudgesto
equalizethedistributionofbusinessinthecourt;
(3)Requestthejurorsneededforcasesthataresetfor
trialbyjury;
(4)Temporarilyassignjudgestoactforeachotherin
proceedingspendinginthecourtifnecessaryforthe
expeditiousdispositionofbusinessinthecourt;and
(5)Superviseandcontroltheoperationandclerical
functionsoftheadministrativedepartmentofthe
court,includingthecourt'spersonnel.
Sec.46-16.-Qualifications.
(a)Anindividualappointedtoserveasmunicipaljudgeshall
be:
(1)Aresidentofthestate;
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(2)AcitizenoftheUnitedStates;
(3)Alicensedattorneyingoodstanding;and
(4)Havetwoormoreyearsofexperienceinthepractice
oflawinthestate.
(b)Anindividualmaynotserveasmunicipaljudgeifheis
otherwiseemployedbythecity.Amunicipaljudgewho
acceptsotheremploymentwiththecityvacatesthe
judicialoffice.
Sec.46-17.–Judicialnotice;issuanceofwrits;warrants.
The municipal judge shall take judicial notice of state
law and the ordinances and corporate limits of the municipality.
The judge may grant writs of mandamus, attachment, and other
writs necessary to the enforcement of the jurisdiction of the
court and may issue writs of habeas corpus in cases in which
the offense charged is within the jurisdiction of the court.
A municipal judge is a magistrate and may issue administrative
search warrants.
Sec.46-18.-Fillingvacancyinoffice.
Ifavacancyoccursintheofficeofmunicipaljudge,the
citycouncilshallappointaqualifiedindividual,in
accordancewithsection46-16ofthisCode,tofilltheoffice
fortheremainderoftheunexpiredterm.Thecitycouncilmay
appointoneormorequalifiedindividualstoservefora
municipaljudgewhoistemporarilyabsentduetoillness,family
death,continuinglegalorjudicialeducationprograms,orany
otherreason.Thepresidingjudgeorthemunicipaljudgeif
thereisnopresidingjudgeshallselectoneofthequalified
personsappointedbythecitycounciltoserveduringthe
absenceofthemunicipaljudge.Thesubstitutejudge,while
servingasthemunicipaljudge,shallhaveallofthepowers
andshalldischargeallofthedutiesofthemunicipaljudge.
Secs.46-19—46-27.-Reserved.
DIVISION 3. -OTHER COURT PERSONNEL
Sec.46-28.-Supervisionanddirectionofadministrative
department.
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Theclerkandothercourtpersonnelshallperformtheir
dutiesunderthedirectionandcontrolofthepresidingjudge.
Sec.46-29.-Clerkofcourt.
Appointment;dutiesgenerally.
(a)Subjecttotheapprovalof
themunicipalcourtjudge,thecitymanagershallappoint
aqualifiedindividualtoserveastheclerkofcourtfor
thecourt.Theclerkofcourtshallkeeptherecordsof
thecourt,issueprocessandgenerallyperformtheduties
thataclerkofacountycourtatlawexercisingcriminal
jurisdictionperformsforthatcourt.Inaddition,the
clerkofcourtshallmaintainanindexofallcourt
judgmentsinthesamemannerascountyclerksarerequired
bylawtoprepareforcriminalcasesarisingincounty
courts.Theclerkofcourtshallperformhisorherduties
underthedirectionandcontrolofthepresidingjudge.
Subjecttopersonnelpolicies
(b).TheCityofLaPorte
personnelpoliciesandrulesshallbeapplicabletothe
clerkofcourtanddeputyclerks.
Sec.46-30.-Courtreporter;duties;compensation.
Themunicipalcourtjudgeshallappointoneormorecourt
reporterstopreservearecordincasestriedbeforethecourt
inwhichtheproceedingsarenotrecordedbyagoodquality
recordingdevice.Thecourtreportermustmeetthe
qualificationsprovidedbylawforofficialcourtreporters.
Thecourtreportermayusewrittennotes,transcribing
equipment,videooraudiorecordingequipment,oracombination
ofthosemethodstorecordtheproceedingsofthecourt.The
courtreportershallkeeptherecordforthe20-dayperiod
beginningthedayafterthelastdayoftheproceeding,trial
ordenialofmotionfornewtrial,oruntilanyappealisfinal,
whicheveroccurslast.Thecourtreportershallnotberequired
torecordtestimonyoranyproceedinginacaseunlessthe
municipaljudgeoroneofthepartiesrequestsarecordin
writing.Thepartyrequestingtheservicesoftheofficialcourt
reportershallbearthecostofthoseservices.Whenan
electronicrecordingdeviceisbeingusedtorecordthe
proceedings,itisnotnecessarytohaveacourtreporter
presenttorecordtheproceedingsnortocertifythestatement
offacts.
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Sec.46-31.-Recordingofcourtproceedings.
Thecourtreporterorcourtstaffisnotrequiredtorecord
testimonyinanycaseunlessthejudgeoroneoftheparties
requestsarecordinwriting,andfilestherequestwiththe
courtbeforetrial.Allproceedingsbeforethecourt,tothe
extentrequested,shallberecordedbyuseofagoodquality
electronicrecordingdevice.Thisshallbetheprimarymethod
fortherecordingofproceedingsutilizedbythecourt.Asan
alternativetotheelectronicrecordingdevice,proceedings
shallberecordedbyanofficialcourtreporter.Therecordof
theproceedingsshallbekeptbytheclerkofcourtifan
electronicrecordingdeviceisused,orthecourtreporterin
caseswherethecourtreporterrecordstheproceedings,forthe
20-dayperiodbeginningthedayafterthelastdayofthecourt
proceeding,trialordenialofmotionfornewtrial,whichever
occurslast.Ifacaseisappealed,theproceedingsshallbe
transcribedfromtherecordingbythecity'sofficialcourt
reporter.
Secs.46-32—46-41.-Reserved.
DIVISION 4. -APPEALS
Sec.46-42.-Appealsgenerally.
Adefendanthastherighttoappealfromajudgmentor
convictioninthecourt,asprovidedbyTexasGovernmentCode
section30.00014,asamended.Thestatehastherighttoappeal
fromajudgmentinthecourtinmannerprovidedforbyTexas
CodeofCriminalProcedurearticle44.01,asamended.The
appropriatecourtinHarrisCounty,Texas,shallhave
jurisdictionofappealsfromthecourt.Allappealsshallbe
conductedinthemannerprovidedforbyTexasGovernmentCode,
Chapter30,asamended.Upontheenactmentofthisarticle,all
casesforoffensesallegedtohavebeencommittedonorafter
October1,2012,shallbeappealedinaccordancewithTexas
GovernmentCode,Chapter30,asamended.
Sec.46-43.-Transcriptpreparationfee.
Intheeventofanappeal,theappellantshallpaya
transcriptpreparationfeeintheamountof$25.00.The
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transcriptpreparationfeedoesnotincludethefeeforan
actualtranscriptoftheproceedings.Theclerkshallnotethe
paymentofthefeeonthedocketofthecourt.Ifthecaseis
reversedonappeal,thefeeshallberefundedtotheappellant.
Inadditiontothetranscriptpreparationfee,thefeeforthe
actualtranscriptoftheproceedingsandstatementoffactsmust
bepaidbytheappellant,pursuanttoTexasGovernmentCode
sections30.00014and30.00019.
Sec.46-44.-Record.
Conformancetostaterules.
(a)Therecordonappealmust
substantiallyconformtotheprovisionsrelatingtothe
preparationofarecordonappealintheTexasRulesof
AppellateProcedureandtheTexasCodeofCriminal
Procedure,asamended.
Transfer.
(b)Notlaterthanthesixtiethdayafterthedate
onwhichthenoticeofappealisgivenorfiled,theparties
mustfilewiththeclerkofcourtthestatementoffacts;
awrittendescriptionofmaterialtobeincludedinthe
transcriptinadditiontotherequiredmaterial;andany
materialtobeincludedinthetranscriptthatisnotin
thecustodyoftheclerkofcourt.Uponcompletionofthe
record,themunicipaljudgeshallapprovetherecordin
themannerprovidedforrecordcompletion,approvaland
notificationinthecourtofappeals.Afterthemunicipal
judgeapprovestherecord,theclerkofcourtshall
promptlysendtherecordtotheappellatecourtclerkfor
filing.TexasGovernmentCodesection30.00020,as
amended,chargestheappellatecourtclerkwiththe
responsibilityofnotifyingthedefendantandthe
prosecutingattorneythattherecordhasbeenfiled.
Sec.46-45.-Statementoffacts.
Thestatementoffactsmustsubstantiallyconformtothe
provisionsrelatingtothepreparationofastatementoffacts
intheTexasRulesofAppellateProcedureandtheTexasCode
ofCriminalProcedure,asamended.Theappellantshallpayfor
thestatementoffacts.
Sec.46-46.-Transcript.
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Thetranscriptmustsubstantiallyconformtothe
provisionsrelatingtothepreparationofatranscriptinthe
TexasRulesofAppellateProcedureandtheTexasCodeof
CriminalProcedure,asamended.
Sec.46-47.-Billsofexception.
Billsofexceptionmustsubstantiallyconformtothe
provisionsrelatingtothepreparationofbillsofexception
intheTexasRulesofAppellateProcedureandtheTexasCode
ofCriminalProcedure,asamended.
Sec.46-48.-Perfectingrighttoappeal.
Statelawadopted.
(a)Thecitycouncilspecificallyadopts
statelaw,asamended,relativetoappeals.
Requirements.
(b)Inordertoperfectarighttoappeal,the
appellantmustfileawrittenmotionfornewtrialwith
theclerkofcourtandmustalsogivenoticeoftheappeal
totheappelleeandtothecourt.
Motionfornewtrial.
(c)Thewrittenmotionfornewtrialmust
befiledwiththeclerkofcourtnotlaterthanthetenth
dayafterthedateonwhichjudgmentisrendered.The
motionmustsetforththepointsoferrorofwhichthe
appellantcomplains.Themotionoramendedmotionmaybe
amendedwithleaveofcourtatanytimebeforeactionon
themotionistaken,butmaynotbeamendedlaterthanthe
twentiethdayafterthedateonwhichtheoriginalor
amendedmotionisfiled.Thecourtmayforgoodcause
extendthetimeforfilingoramending,buttheextension
maynotexceed90daysfromtheoriginalfilingdeadline.
Ifthecourtdoesnotactonthemotionbeforethe
expirationofthe30daysallowedfordeterminationofthe
motion,theoriginaloramendedmotionisoverruledby
operationoflaw.
Noticeofappeal.
(d)Iftheappellantrequestsahearingon
themotionfornewtrial,theappellantmaygivethenotice
ofappealorallyinopencourtafterthemotionis
overruled.Ifthereisnohearing,theappellantmustfile
thenoticewiththecourtnotlaterthanthetenthdayafter
thedateonwhichthemotionisoverruled.Thecourtmay
forgoodcauseextendthetimeperiodforprovidingnotice;
however,theextensionshallnotexceed90daysfromthe
8
originalfilingdeadline.Ifthedefendantisincustody,
theappealisperfectedwhenthenoticeofappealisgiven
asprovidedbyTexasCodeofCriminalProcedurearticle
44.13,asamended.
Sec.46-49.-Appealbond.
Ifthedefendantisnotincustody,thedefendantmaynot
takeanappealuntilthedefendantfilesanappealbondwith
thecourt.Thebondmustbeapprovedbythecourtandmustbe
filednotlaterthanthetenthdayafterthedateonwhichthe
motionfornewtrialisoverruled.Theappealbondmustbein
theamountof$100.00ordoubletheamountofthefinesandcosts
adjudgedagainstthedefendant,whicheverisgreater.Thebond
muststatethatthedefendantwasconvictedinthecaseandhas
appealedandmustbeconditionedonthedefendant'simmediate
anddailypersonalappearanceinthecourttowhichtheappeal
istaken.Ifthedefendantisincustody,thedefendantshall
becommittedtojailunlessthedefendantpoststheappealbond.
Sec.46-50.-Brief.
Generally.
(a)Boththeappellantandtheappelleeare
requiredtofilebriefswiththeappellatecourtclerk.
Eachparty,onthefilingoftheparty'sbriefwiththe
appellatecourtclerk,shalldeliveracopyofthebrief
totheopposingpartyandtothemunicipaljudge.The
recordandthebrief,onappeal,shallbelimitedasfar
aspossibletothequestionsreliedonforreversal.The
municipaljudgeshalldecidefromthebriefsoftheparties
whethertheappellantshouldbepermittedtowithdrawthe
noticeofappealandbegrantedanewtrialbythecourt.
Thecourtmaygrantanewtrialatanytimebeforethe
recordisfiledwiththeappellatecourt.
Appellant'sbrief.
(b)Theappellantmustfileabriefwith
theappellatecourtclerknotlaterthanthefifteenthday
afterthedateonwhichthetranscriptandstatementof
factsarefiledwiththatclerk.Theappellantorthe
appellant'sattorneymustcertifythatthebriefhasbeen
properlymailedtotheappellee.
Appellee'sbrief.
(c)Theappelleemustfileitsbriefwith
theappellateclerknotlaterthanthefifteenthdayon
whichtheappellant'sbriefisfiled.
9
Sec.46-51---46-59.-Reserved.
ARTICLEII-MISCELLANEOUS
Sec.46-60.-Specialexpenses—Forwarrantsofarrestforcertain
offenses.
PursuanttoTexasCodeofCriminalProcedurearticle45.06
45.203,aspecialexpense,nottoexceed$25.00fortheissuance
andserviceofawarrantofarrestforanoffenseunderTexas
PenalCodesection38.10,orunderTexasTransportationCode
section543.009,andthespecialexpensesdescribedinTexas
CodeofCriminalProcedurearticle17.04dealingwiththe
requisitesofapersonalbondandaspecialexpenseforthe
issuanceandserviceofawarrantofarrest,afterduenotice,
nottoexceed$25.00,shallbecollectedbythemunicipalcourt
andpaidintothecitytreasuryfortheuseandbenefitofthe
city.
Same—Dismissalcases.
PursuanttotheprovisionsofTexasCodeofCriminal
Procedurearticle45.203,thecitycouncilherebyauthorizes
themunicipalcourttocollectaspecialexpenseforservices
performedincasesinwhichthelawsofthisstaterequirethat
thecasebedismissedbecauseofactionsbyoronbehalfofthe
defendantwhichweresubsequenttothedateofthealleged
offense.Suchactionsarelimitedtocompliancewiththe
provisionsofTexasTransportationCodesection543.102etseq.
Thecitycouncilfindsthattheactualexpensesincurredfor
theservicesinsuchcasesisinexcessof$10.00,andthe
municipalcourtisauthorizedtocollectaspecialexpenseof
$10.00ineachsuchcase.
Sec.46-61.-Buildingsecurityfund.
Creation.
(a)PursuanttoTexasCodeofCriminalProcedure
article102.017,thecitycouncilherebycreatesthe
municipalcourtbuildingsecurityfund.
Securityfee.
(b)Thecitycouncilherebyrequiresadefendant
convictedinatrialforamisdemeanoroffenseinthe
municipalcourttopayasecurityfeeintheamount
10
establishedbythecityandlistedinappendixAofthis
Codeasacostofcourtpereachsuchconviction.Theterm
"convicted"meansthatasentenceisimposeduponthe
defendantbythemunicipalcourtofthecity,or
alternativelymeansthatthepersonreceivescommunity
supervision(includingdeferredadjudication)fromthe
municipalcourtofthecity,oralternativelymeansthat
thecourtdefersfinaldispositionoftheperson'scase.
Collectionoffee.
(c)Thecitycouncilherebydirectsthe
clerkofthemunicipalcourttocollectthesecurityfee,
perconviction,asacostofcourt,asprovidedin
subsection(b)ofthissection.Theclerkofthemunicipal
courtofthecityshallpaysuchcosttothedirectorof
financeorhisdesignatedrepresentatives.Thedirector
offinanceorhisdesignatedrepresentativesshalldeposit
suchcostinafundtobeknownasthemunicipalcourt
buildingsecurityfund.
Useoffundrevenues.
(d)Themunicipalcourtbuilding
securityfundmaybeusedonlytofinancethefollowing
itemswhenusedforthepurposeofprovidingsecurity
servicesforthecitymunicipalcourt:
(1)Thepurchaseorrepairofx-raymachinesand
conveyingsystems;
(2)Handheldmetaldetectors;
(3)Walkthroughmetaldetectors;
(4)Identificationcardsandsystems;
(5)Electroniclockingandsurveillanceequipment;
(6)videoteleconferencingsystems;
(7)Bailiffs,deputysheriffs,deputyconstables,or
contractsecuritypersonnelduringtimeswhentheyare
providingappropriatesecurityservices;
(8)Signage;
(9)Confiscatedweaponinventoryandtrackingsystems;
or
(10)Locks,chainsorothersecurityhardware.
(11)thepurchaseorrepairofbullet-proofglass;and
(12)continuingeducationonsecurityissuesforcourt
personnelandsecuritypersonnel.
Administration.
(e)Themunicipalcourtbuildingfundcreated
inthissectionshallbeadministratedbyorunderthe
directionofthecitycouncil.
11
Sec.46-62.-Bondsandminimumfines.
(a)Thecitycounciladoptsthescheduleofbondsandminimum
fineswhichareprintedinappendixBofthisCode.
(b)Theclerkofthemunicipalcourtisherebyauthorizedto
havethescheduleofminimumfinesfortrafficviolations
printedonthereversesideoftheviolator'scopyof
trafficcitations,andtofurnishsuchscheduletothecity
policedepartmentforitsuse.
(c)Theclerkofthemunicipalcourtisherebyauthorizedto
accept,uponapleaofguiltyoruponapleaofnolo
contendere,theamountshownontheoppositeofeachof
theoffensesdescribedinsubsection(b)ofthissection,
asaminimumfinetherefor,withoutthenecessityofthe
violatorappearingincourt.
Sec.46-63.-Municipalcourttechnologyfund.
Establishment.
(a)
(1)Thereisherebycreatedandestablishedamunicipal
courttechnologyfund,here-in-nowknownasthefund,
pursuanttoarticle102.0172oftheCodeofCriminal
Procedure.
(2)Thefundmaybemaintainedinaninterestbearing
accountandmaybemaintainedinthegeneralrevenue
account.
Establishmentofamountofthefeeandassessmentand
(b)
collection.
(1)Thefeeshallbeintheamountof$4.00.
(2)Thefeeshallbeassessedandcollectedfromthe
defendantuponconvictionforamisdemeanoroffense
inthemunicipalcourtasacostofcourt.Adefendant
isconsideredconvictedif:
a.Asentenceisimposedontheperson;
b.Thepersonisplacedoncommunitysupervision,
includingdeferredadjudicationcommunity
supervision;or
c.Thecourtdefersfinaldispositionofthe
person'scase.
(3)Thefeeshallbecollectedonconvictionforan
offensecommittedafterthissectionisadopted.
12
(4)Theclerkofthecourtshallcollectthefeeandpay
thefeetothefinancedirectorofthecity,whoshall
depositthefeeintothemunicipalcourttechnology
fund.
Designateduseofthefundandadministration.
(c)
(1)Thefundshallbeusedonlytofinancethepurchase
oftechnologicalenhancementsforthemunicipal
courtofrecordofthecityincluding:
a.Computersystems;
b.Computernetworks;
c.Computerhardware;
d.Computersoftware;
e.Imagingsystems;
f.Electronickiosks;
g.Electronicticketwriters;or
h.Docketmanagementsystems.
(2)Thefundshallbeadministeredbyorunderthe
directionofthecitycouncilofthecity.
Section 3.
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 matterthereof 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 4.
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
13
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 5.
If any provision, section, subsection,
sentence, clause, or phrase of this ordinance, or the application
of same to any person or set of circumstances is for any reason held
to be unconstitutional, void or invalid, the validity of the
remaining portions of this ordinance or their application to other
persons or sets of circumstances shall not be affected thereby, it
being the intent of the City Council in adopting this ordinance that
no portion hereof or provision or regulation contained herein shall
become inoperative or fail by reason of any unconstitutionality,
vividness or invalidity of any other portion hereof, and all
provisions of this ordinance are declared to be severable for that
purpose.
Section 7.
This Ordinance shall be effective on October 1, 2012.
PASSED AND APPROVED, this ____ day of _____________, 2012.
CITY OF LA PORTE, TEXAS
By: ______________________________
Louis R. Rigby
Mayor
ATTEST:
______________________________
14
Patrice Fogarty
City Secretary
APPROVED:
______________________________
Clark T. Askins
Assistant City Attorney
15
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested:September 10,2012
Source of Funds: N/A
Requested By:Tim Tietjens
Account Number: N/A
Department: Planning
Amount Budgeted:N/A
Report: XResolution:Ordinance:
Amount Requested:N/A
Exhibit:Ordinance No. 1444-A
Budgeted Item:YESNO
Exhibit:Ordinance No. 1444-D
Exhibit:Fill Dirt Permit Fees Summary
SUMMARY & RECOMMENDATION
The City of La Porte’s Development Ordinance was revised in 1998 with amendment 1444-A to
include a requirement for obtaining a fill-dirt permit when altering the elevation of property and
defined such alteration as development. It was later amended in 2003 by Ordinance1444-D to
add fees associated with fill-dirt permit processing.
Currently, the permit process prescribes that a fill-dirt permit is not required when such fill is in
conjunction with a permit for a building. Staff has historically interpreted the provision such that
fill-dirt under the foundation of a building is integral to the building permit, but any fill outside
of the building footprint requires a separate fill-dirt permit. Fees for a building permit are
charged based on a percentage of the construction cost, but fill-dirt permits are calculated based
upon load volume.
A recent situation with the fill-dirt permit at theLa Porte Real Property(LPRP)landfill
redevelopment site, 901 N. Broadway, has brought to light a concern regarding the City’sfee
structure for large-scale development. La Porte Real Properties has secured both the fill-dirt
permit and the paving development permit, and have paid for all of the associated fees.This
workshop is to discuss the current fee structure and explore the feasibility of prospective fill-dirt
placement being included as a component of the standard development permit fees when under
permitted pavement.
Action Required by Council:
Receive report and provide direction regarding the fill dirt permit requirements within
Development Ordinance 1444 or associated policies.
Approved for City Council Agenda
Corby D. Alexander,City ManagerDate
Fill Dirt Permit Fee Summary
2003 - 2012
Permits Issued %
Number of permits issued with fee under $50 57497.12
Number of permits issued with fee between $50 and $3000 16 2.21
Number of permits issued with fee over $3000 *1 0.67
Total Number of Fill Dirt Permits issued 591
*Permit fee totaled $29,587.00.
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested September 10,2012
Source of Funds:
Requested ByPatrice Fogarty
Account Number:
Department:City Secretary
Amount Budgeted:
ReportXResolution:Ordinance:
Amount Requested:
Exhibits: OfficialBallot
Budgeted Item:YESNO
Exhibits:
SUMMARY &RECOMMENDATION
The Texas Municipal League Intergovernmental Risk Pool has asked the City of La Porte to participate in
the election of its Board of Trustees for Places 11 –14. Each member of the Pool is entitled to vote for
members to the Board of Trustees. The City may vote for one nominee in each place.
The officials listed on the ballot have been nominated to serve a six-year term on the TML
Intergovernmental Risk Pool (Workers’ Compensation, Property and Liability) Board of Trustees.
Ballots must reach the office of David Reagan, Secretary of the Board, no later than September 30, 2012.
Action Required by Council:
Consider voting for one TML-IRP Board of Trustees nominee in each place.
Approved for City Council Agenda
Corby D. Alexander, City ManagerDate
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested September 10,2012
Source of Funds:N/A
Requested By:Patrice Fogarty
Account Number:N/A
Department:City Secretary
Amount Budgeted:N/A
ReportXResolution:Ordinance:
Amount Requested: N/A
Exhibit:
Budgeted Item:YESNO
SUMMARY & RECOMMENDATION
City Council has authority to appoint members to various boards, committeesand commissions.Council
should consider making new appointmentsto fill the following vacancies:
Building CodesAppeals Board
Regarding the –consideranew appointmentto Position 4, with a
three-year termexpiring August31, 2015,or until asuccessor hasbeen appointed and qualified.
Ron Holt, Position 4, has indicated he is no longer able to serve on the Building Codes Appeals
Board.
Chapter 172 Employee Retiree Insurance and Benefits Committee
Regarding the –consider anew
appointment without term to vacant Alternate Pos. 2.
Alternate Position 2 was left vacant when Council moved Juliane Graham to Citizen Position 2.
Fire Code Review Board
Regarding the –consider Mark Follis as appointeeto the District 4 position,
withathree-year term expiring August 31, 2015, or until asuccessorhasbeen appointed and qualified.
.
Floyd Craft, District 4,has indicated he is no longer able to serve on the Fire Code Review Board
Councilmember Moser nominated Mark Follis.
Firefighters’Pension Board of Trustees
Regarding the –consider anew appointment,without term,of
the governmental body representative.
Finance Director Michael Dolby has indicated he is no longer able to serve on the Firefighters’
Pension Board of Trustees.
Action Required by Council:
Consider makingappointmentsto these boards/committees.
Approved for City Council Agenda
Corby D. Alexander,City ManagerDate
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested:September 10,2012
Source of Funds: N/A
Requested By:Jeff Suggs
Account Number: N/A
Department: Emergency Management
Amount Budgeted:N/A
Report: XResolution:Ordinance:
Amount Requested:N/A
Exhibits:Hurricane Season Presentation
Budgeted Item:YESNO
SUMMARY & RECOMMENDATION
The Office of Emergency Management (OEM) would like to provide a summary of actions taken to
prepare the City and citizens of La Porte for hurricane seasoneach year. The goal of the presentation is to
highlight current efforts that address preparedness, planning, response and recovery.
Many of the current emergency plans have been modified over the years basedon lessons learned from
certain events. For instance, several concerns identified followingHurricane Ikehave since been
addressed. The goal is to continuously build upon and improve the City’s plans to be prepared for future
emergencies. OEM continues to encouragecitizen preparedness and input in the planning process.
Action Required by Council:
None
Approved for City Council Agenda
Corby D. Alexander,City ManagerDate
Council Agenda Item
September 10,2012
12. COUNCIL COMMENTS
regarding matters appearing on the agenda; recognition of
community members, city employees, and upcoming events; inquiry of staff regarding
specific factual information or existing policies–Councilmembers Martin, Moser,
Kaminski, Zemanek, Leonard, Engelken, Mosteit, Clausen and Mayor Rigby.
13.EXECUTIVE SESSION
The City Council reserves the right to meet in closed session on any agenda item should
the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the
Texas Government Code.
14. RECONVENE
into regular session and consider action, if any, on item(s) discussed in
executive session.
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Council Agenda Item
September 10, 2012
15.ADJOURN
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