HomeMy WebLinkAbout12-10-12 Regular Meeting of La Porte City Council
LOUIS R. 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 Large B
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 December 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 givenbyFather Gary Rickles,St. Mary’s Catholic Church.
3.PLEDGE OF ALLEGIANCE
–The Pledge of Allegiancewill be led by Councilmember Chuck
Engelken.
4.PUBLIC COMMENTS
(Limited to five minutesper person.)
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Craig Guidry, 1317 4Street, Seabrook, Texas –Traffic at Five Points Plaza
5.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 November 12, 2012 –P. Fogarty
(b)
Consider approval or other action to order a fire truckwith an additional 1.5%cost
($6,500.00) for acquisition of safety equipment–M. Boaze
(c)
Consider approval or other action amending Fiscal Year 2012 outstanding purchase
orders –M. Dolby
(d)
Consider approval or other action regarding a change order for equipment
procurement and installation of Fire Station No. 1 security and access systems–M. Boaze
(e)
Consider approval or other action authorizing the City Manager to sign an
Intergovernmental Agreement with Houston-Galveston Area Council (HGAC) for a regional
DWI Task Force grant –K. Adcox
(f)
Consider approval or other action awarding Bid# 13003 for City vehicles –D. Mick
(g)
Consider approval or other action awarding Bid # 13006 for heavy trash trucks –D. Mick
6.PUBLIC HEARINGS AND ASSOCIATED ORDINANCES
(a)
Public hearing to receive comments regarding recommendations of the Planning and
Zoning Commission for proposed regulations allowingAccessory Structures without
Primary Structure/Use within the Large Lot district –T. Tietjens
(b)
Consider approval or other action regardingan ordinance amending Chapter 106
“Zoning” of the Code of Ordinances of the City of La Porte by allowingAccessory
Structure,Use or Building without required Principal Structure on the same property for
tracts one acre or largerand located in the Large Lot zoning district –T. Tietjens
(c)
Public hearing to receive comments regarding recommendations of the Planning and
Zoning Commission to approve Rezone Request #12-92000002, from Business Industrial
rd
(BI) to Light Industrial (LI) for existing facility located at 3000 North 23Street –T.Tietjens
(d)
Consider approval or other action regarding an ordinance amending Chapter 106 “Zoning”
of the Code of Ordinances of the City of La Porte by changing the zoning classification from
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Business Industrial (BI) to Light Industrial (LI)for property located at 3000 North 23Street
-T. Tietjens
(e)
Public hearing to receive comments regarding recommendations of the Planning and
Zoning Commission to approve Rezone Request #12-92000003, from Low Density
Residential (R-1) to General Commercial (GC) for property located at 3122 Underwood
Road–T. Tietjens
(f)
Consider approval or other action regarding an ordinance amending Chapter 106
“Zoning” of the Code of Ordinances of the City of La Porte by changing the zoning
classification from Low Density Residential (R-1) to General Commercial (GC) for property
located at 3122 Underwood Road –T. Tietjens
7.AUTHORIZATIONS/RESOLUTIONS/ORDINANCES
(a)
Consider approval or other action regarding an ordinance adopting an update to the
Comprehensive Plan of the City of La Porte that includes revision to Map 2.1, Revitalization
Areas, upon recommendation of the Planning and Zoning Commission –T. Tietjens
(b)
Consider approval or other action authorizing the City Manager or his designee to send a
letter of support for the proposed Mariposaat Pecan Park apartment project for senior
adults, to be locatedalong Canada Road–T. Tietjens
8.DISCUSSION OR OTHER ACTION
(a)
Discussion or other action regarding the report from the Citizens’ Charter Review Advisory
Commission –P. Fogarty
(b)
Discussion or other action regarding health care benefits for retirees –C. Alexander
(c)
Discussion or other action regarding Planning Audit –C. Alexander
(d)
Discussion or other action regarding amended budgets and projects for inclusion in
the upcoming quarterly budget amendment–T. Leach
9.ADMINISTRATIVE REPORTS
(a)
Receive report from City Manager
Christmas Holidays,Monday, December 24, 2012, and Tuesday, December 25, 2012
City Council Meeting, Monday, January 14, 2013
Fiscal Affairs Committee Meeting, Monday, January 21, 2013
City Council Meeting, Monday, January 28, 2013
Utility billing kiosk
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–CouncilmembersEngelken, Mosteit,Clausen, Martin,Moser,
Kaminski,Zemanek,Leonard,and Mayor Rigby.
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 551.072 –
Deliberation regarding purchase, exchange, lease
or value of real property:Discussion regarding formerParks and Wildlife Buildingand adjoining
lots.
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
12.RECONVENE
into regular session and consider action, if any, on item(s)discussed in executive
session.
13.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 December102012, agenda of items to be considered by the City Council was posted on
the City Hall bulletin board on December4, 2012.
Patrice Fogarty, City Secretary
Council Agenda Item
December10, 2012
1.CALL TO ORDER
2.INVOCATION
–The invocation will be given by Father Gary Rickles, St. Mary’s Catholic
Church.
3.PLEDGE OF ALLEGIANCE
–The Pledge of Allegiance will be led by Councilmember
Chuck Engelken.
4.PUBLIC COMMENTS
(Limited to five minutes per person.)
th
Craig Guidry, 1317 4Street, Seabrook, Texas –Traffic at Five Points Plaza
***********************************************************************************
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
NOVEMBER12,2012
Monday,November12,2012,
The City Council of the City of La Portemet in aregularmeetingonat the
6:00p.m
City 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 6:00 p.m. Members of Council present:
CouncilmembersZemanek, Engelken, Mosteit, Kaminski, Martin, ClausenandMoser.Absent:
Councilmember Leonard. Also present were City Secretary Patrice Fogarty,City Manager Corby
Alexander and Assistant City Attorney Clark Askins.
2.INVOCATION
-The invocation was given byMichael Thannisch,Congregation Benin Avraham.
3.PLEDGE OF ALLEGIANCE
-The Pledge of Allegiance was led by Mayor Rigby.
4.PUBLIC COMMENTS
(Limited to five minutes per person.)
Chuck Rosa,812 S. Virginia, addressed Council in opposition to theLaPorte Comprehensive Plan
Update as recommended by the La Porte Planning and Zoning Commission.
Blanca Villarreal, 402 Bay Oak,addressed Council regarding agenda item 6d and requested
Council allow her more time to have an engineer review the plans for her property.
Stuart Shaw, 6009 Eleos Circle, Austin, Texas,addressed Council regarding proposed Mariposa
Apartment Homes at Pecan Park and requested Council to extend the revitalization site.Mr. Shaw
informed Council he would be addressing the matter with the Planning and Zoning Commission,as
well.
5.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 or other action regarding the minutes of regular City Council meeting
held on October 22, 2012 –P. Fogarty
(b)
Consider approval or other action authorizing the purchase of furniture for Fire Station No.
One through Global Industries Inc., utilizing the Texas Municipal Discount pricing –D. Ladd
(c)
Consider approval or other action awarding Bid # S13001 for the saleof Lot 10, Block 46,
Bayfront Addition of the Town of La Porte, Harris County, Texas –S. Cream
(d)
Consider approval or other action regarding a Resolution amending the City’sFinancial
Management Policies –M. Dolby
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November 12, 2012, City Council Meeting Minutes
(e)
Consider approval or other action awarding Bid # 12031 for plastic garbage bags –D. Mick
(f)
Consider approval or other action authorizing the City Manager to execute a contract with
Aztec Remodeling and Landscaping for waterline and sanitary sewer crossing
replacement at Boggy Bayou –D. Mick
(g)
Consider approval or other action regarding rescinding Resolution 2012-12 designating
INEOS USA, L.L.C., as a State of Texas Enterprise Zone Project and consider approval or
other action regarding a new Resolution designating INEOS USA, L.L.C., as a State of
Texas Enterprise Zone Project –S. Osborne
(h)
Consider approval or other action regarding the Fiscal Year 2012 Audit/Asset Forfeiture
Reportand associated financial records –K. Adcox
Regarding Consent Item 5g, Councilmember Zemanek questioned the wording changes of thenew
resolution designating INEOS USA, L.L.C. as a State of Texas Enterprise Zone Project, and staff
explained the reason for passage of the new resolution is because the previous resolution had
incorrect information in the body.
CouncilmemberEngelkenmoved to approve the Consent Agendapursuant to recommendations by
MOTION PASSED.
staff.Councilmember Martinseconded.
Ayes: Mayor Rigby, Councilmembers Martin, Engelken, Zemanek,
Kaminski, Clausen, Mosteit, and Moser
Nays:None
Absent:Councilmember Leonard
6.PUBLIC HEARINGS AND ASSOCIATED ORDINANCES
(a)Continue Public Hearing from October 22, 2012,
to receive comments regarding the
LaPorte Comprehensive Plan Update as recommended by the La Porte Planning
and Zoning Commission–T. Tietjens
City Council reopened the public hearing at 6:18p.m., continuingthe public hearing from
October 22, 2012, regarding the La Porte Comprehensive Plan Update as recommended by the
La Porte Planning and Zoning Commission.Planning Director Tim Tietjens introduced Matt Bucchin
with Kendig Keast Collaborative;and Mr. Bucchin presented Chapters 4-6 of the 2030 La Porte
Comprehensive Plan.
Councilmember Moser asked whether the downtown master plan would include both Main Street
and Sylvan Beach waterfront areas,andwhether a Citizens Advisory Committee would needto be
appointed for Main Street. Planning Director Tim Tietjens responded, “Not necessarily.” Itis to
point City Council inthe direction of a plan specific to the areas which werethe original platted part
of downtown and towards Sylvan Beach. Councilmember Moser commented he is concerned that
individuals who do not live on Main Street voiced opinions on how Main Streetbusiness owners
should spend their money.
CouncilmemberMosteit commented the terminology being used in the Comprehensive Plan does
not indicate Council is reversing anyprior action on connectivity and mobility. Planning Director
Tim Tietjens responded that is correct; the Comprehensive Plan is a non-regulatory document.
Chuck Rosa, 812 S. Virginia St., addressed Council and commented he is happy to live in
La Porte and expressed his opposition to the La Porte Comprehensive Plan Update.
City Council closed the public hearing at 7:04 p.m.
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November 12, 2012, City Council Meeting Minutes
(b)
Consider approval or other action regarding the recommendation of the Planning and
Zoning Commission to adopt the La Porte Comprehensive Plan Update –T. Tietjens
Councilmember Engelken left the table at 7:10 p.m.
Assistant City Attorney Clark Askins commented Council could direct staff to prepare a formal
ordinance for adoption of the Comprehensive Plan at the December 10, 2012,Council meeting,
after advisingof any changes Council wishes to make.
Councilmember Clausenmoved toaccept the recommendations of thePlanning and Zoning
Commissionand bring the item to the December 10, 2012,Council Meeting for formal adoption.
MOTION PASSED.
Councilmember Zemanekseconded.
Ayes: Mayor Rigby, Councilmembers Kaminski, Clausen, Mosteit,
Martin and Moser
Nays:Councilmember Zemanek
Absent:Councilmembers Leonard
Away from the table during vote: CouncilmemberEngelken
(c)Public Hearing
to receive comments from the public regarding condemnation of twelve
(12) substandard buildings –D. Wilmore
The public hearing opened at 7:15p.m.
Building Official Debbie Wilmore presented a summary of condemnation of twelve (12) substandard
buildings. Ms. Wilmore advised Council an earnest money contract had been received for 129 N.
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10and 135 Pine Bluff had been sold on October 22, 2012,since the agenda request had been
written and requested a ninety-day continuance ontheseproperties.
Building Official Wilmore reported staff hadnot received any communication regarding 9510 Belfast
Rd. and requested Councilpass the ordinance; regarding 2223 Underwood Rd.,staff had not
received any communication,and requested Council pass the ordinance; regarding 1829 Valley
View Dr.,staff had not received any communication from the owners family or the mortgage
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company and requested Council pass the ordinance;regarding 129 N. 10St.,staff has a copy of
the earnest money contract that has a thirty-day feasibility clause,andstaff met with the proposed
owner on the Thursday prior to this meeting; andtheownerindicated he will be moving forward with
purchasing the property and anticipates a December closing. Ms. Wilmore advised Council this is
one of the properties on which staff requestsa ninety-day continuance; regarding402 Bay Oaks
Rd.,theproperty is valued at one hundred dollars on the tax rolls;staff hasrequested theplans to
rebuild the property since July and hadonly received floor plans with no other constructionplans;
the City had to mow the property in September,and the propertyneeds to be mowed again due to
the owner not maintaining the property.Regarding 402 Bay Oaks Rd., Ms. Wilmorerequests
Council pass the ordinance;regarding 3031 S. Broadway, staff hasnot received any
communication from the owner but believesthe owner will be addressing Council during public
comments; regarding 135 Pine Bluff St., Ms. Wilmore reported staff hasa copy of the sale contract,
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and the property was closed on October 22.Ms. Wilmore requesteda ninety-day continuance to
communicate with the new owner;regarding 213 Bayshore Dr.,Ms. Wilmore reported staff hasa
voluntary consent to demolish the property from the owner,and there wasno action required of
Council since the owner wasin agreement to demolish the property; regarding 508 Donaldson St.,
Ms. Wilmore reported a will hasbeen probated,and the owner didnot object to condemnation of
the property, and Ms. Wilmore requestedCouncil pass the ordinance; regarding 111 S. Carroll St.,
Ms. Wilmore reported the property isrelated to a tax cause number, andrequested Council pass
the ordinance; regarding 303 W. Polk,Ms. Wilmore reported the owner’s wife isdeceasedand a
willwasnever probatedandthe owner wasaware of theordinance before Council;Ms. Wilmore
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requested Council pass the ordinance; regarding 318N. 5St.,Ms. Wilmore reported she had no
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November 12, 2012, City Council Meeting Minutes
communication other than a phone conversation with a granddaughter informing staff a will had
never been probated by theaunt anduncle;Ms. Wilmore requested Council pass the ordinance;
regarding 500 W. Main,Ms. Wilmore reported she had no communication from the owner since July
2012,but believed theownerand his attorney arepresent and would be addressing Council during
public comments.
J.B. Williamson,820 W. Main # 13, addressed Council on behalf of Mr.Gilbert Diaz regarding the
property located at 500 W. Main, and advised Mr. Diaz hadapplied for a building permit to bring the
property up to code;and the permit was denied. Mr. Diaz appealed tothe Zoning Board of
Adjustment and requested Mr. Williamson represent him. Mr. Williamson advised Council he
requested the item be taken off the Zoning Board of Adjustment agenda,and the engineering plans
havebeen amended. Mr. Williamson requested Council grant an extension and allow Mr. Diaz to
request another hearing with the Zoning Board of Adjustment in order to move forward with
repairing the property.
Susan Rector,3141 S. Broadway, addressed Council and requested a extension of ninety days to
communicate with Building Official Debbie Wilmore regarding the repairing of her property located
at 3031 S. Broadway.
Jerry Gurley, 16002 Clearcrest, addressed Council and requested a ninety-day extension onthe
property located at 135 Pine Bluff.
Blanca Villarreal,402 Bay Oaks, requested a sixty-day extension on the property located at 402
Bay Oaks.
City Council closed the public hearing at 7:31 p.m.
Councilmember Engelken returned to the table at 7:32 p.m.
Councilmember Moser moved tocontinue the public hearing until February 25, 2013, providing an
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additional 90 days, regarding properties located at 129 N. 10St., 402 Bay Oaks Rd., 3031 S.
MOTION
Broadway, 135 Pine Bluff St.,and 500 W. Main. Councilmember Clausen seconded.
PASSED.
Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski,
Clausen, Mosteit, Martin and Moser
Nays:None
Absent:Councilmember Leonard
(d)
Consider approval or other action regarding Ordinancesauthorizing the condemnation of
twelve (12) substandard buildings –D. Wilmore
Councilmember Mosermoved toapprove the Ordinances authorizing the condemnation of
MOTION PASSED.
(7) substandard buildings. Councilmember Kaminskiseconded.
Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski,
Clausen, Mosteit, Martin and Moser
Nays:None
Absent:Councilmember Leonard
2012-3444
Assistant City Attorney Clark Askins read the caption of Ordinance AN ORDINANCE DECLARING THE
BLK 15, LT 253, SPENWICK PLACE, SEC 2,HARRIS COUNTY, TEXAS, TO BE IN
BUILDING(S) LOCATED AT
SHELLY GAIL ZAFEREO &
FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT
ARETHE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S)
PETER D. ZAFEREO
TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO
COMMENCE SAID REMOVAL OR DEMOLITIONWITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS
Page 4of 10
November 12, 2012, City Council Meeting Minutes
ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN FORTY-FIVE(45) DAYS FROM
THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD
TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF
THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY
OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN
EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW.
2012-3445
Assistant City Attorney Clark Askins read the caption of Ordinance AN ORDINANCE DECLARING THE
BUILDING(S) LOCATED AT TR.490B-1, LA PORTE OUTLOTS,HARRIS COUNTY, TEXAS, TO BE IN FACT A
NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT RICHARD P. GRIFFIN, PRES. %
HEALTH & SAFETY MGMT. INC. & JAMES H. GRIFFIN, MGR. % THREE POINTS INVESTMENTS, LTD.ARE THE
RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR
TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR
DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO
COMPLETE SAID REMOVAL OR DEMOLITION WITHIN FORTY-FIVE (45) DAYS FROM THE EFFECTIVE DATE
OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE
ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO
SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT
REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE
HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW.
2012-3446
Assistant City Attorney Clark Askins read the caption of Ordinance AN ORDINANCE DECLARINGTHE
BLK 1, LT 33, GREENDALE U/R,HARRIS COUNTY, TEXAS, TO BE IN FACT A
BUILDING(S) LOCATED AT
LORRAINE N. RONNING, DAVID M.
NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT
D’ALESIO %JP MORGAN CHASE & DEAN C. RONNING.ARE THE RECORD OWNER(S) OF SAID PROPERTY;
ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING
THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE
EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN
FORTY-FIVE (45) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS
BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY
SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE
REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE
MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW.
2012-3447
Assistant City Attorney Clark Askins read the caption of Ordinance AN ORDINANCE DECLARING THE
BLK 33, LTS 19-26, BAYFRONT TO LA PORTE,HARRIS COUNTY, TEXAS, TO BE IN
BUILDING(S) LOCATED AT
ELMER HUGH PFEIFFER &
FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT
DONNA J. PFEIFFER.ARE THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S)
TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO
COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS
ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN FORTY-FIVE (45) DAYS FROM
THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD
TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF
THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY
OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN
EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW.
2012-3448
Assistant City Attorney Clark Askins read the caption of Ordinance AN ORDINANCE DECLARING THE
BUILDING(S) LOCATED AT BLK 87, LTS 6 & 7, BAYFRONT TO LA PORTE,HARRIS COUNTY, TEXAS, TO BE IN
FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT LA PORTE INDEPENDENT
SCHOOL DISTRICT % PERDUE, BRANDON, FIELDER, COLLINS & MOTT, LLP.ARE THE RECORD OWNER(S)
OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH
BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN
TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR
DEMOLITION WITHIN FORTY-FIVE (45) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING
THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING
THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR
THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN
THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW.
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November 12, 2012, City Council Meeting Minutes
2012-3449
Assistant City Attorney Clark Askins read the caption of Ordinance AN ORDINANCE DECLARING THE
BLK 58, LTS 32 & 33, LA PORTE,HARRIS COUNTY, TEXAS, TO BE IN FACT A
BUILDING(S) LOCATED AT
NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT LOUIS SENEGAL & LOUIS
SINEGAL, ET UX –ALICE SINEGAL.ARE THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE
SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID
OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE
DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN FORTY-FIVE (45)
DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THEDANGEROUS BUILDING
INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO
FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID
BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED
HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW.
2012-3450
Assistant City Attorney Clark Askins read the caption of Ordinance AN ORDINANCE DECLARING THE
BUILDING(S) LOCATED AT BLK 80, LTS 7 & 8, LA PORTE,HARRIS COUNTY, TEXAS, TO BE IN FACT A
NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT PAULINE LEWIS & BETTY MOORE.
ARE THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY
REMOVE OR TEAR DOWN SUCHBUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID
REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND
TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN FORTY-FIVE (45) DAYS FROM THE EFFECTIVE
DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A
NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS
ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA
PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN
.
EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW
7.AUTHORIZATIONS/RESOLUTIONS/ORDINANCES
(a)
Consider approval or other action regarding a Resolution appointing one representative
and one alternate to the H-GAC (Houston-Galveston Area Council) 2013 General
Assembly and Board of Directors –P. Fogarty
City Secretary Patrice Fogarty presented a summary.
2012-15
Assistant City Attorney read the caption of Resolution ARESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LA PORTE, TEXAS, SELECTING A REPRESENTATIVE AND AN ALTERNATE TO THE
HOUSTON-GALVESTON AREA COUNCIL2013 GENERAL ASSEMBLY AND BOARD OF DIRECTORS.
Councilmember Kaminskimoved toadoptResolution 2012-15appointingCouncilmember Engelken
as the representative and Councilmember Martin as the alternate representative to the
H-GAC (Houston-GalvestonArea Council) 2013 General Assembly and Board of Directors.
MOTION PASSED.
Councilmember Zemanekseconded.
Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski,
Clausen, Mosteit, Martin and Moser
Nays:None
Absent:Councilmember Leonard
(b)
Consider approval or other action regardingan Interlocal Agreement with Harris County for
the construction ofa culvert at P Street –J. Garza
Senior Engineer Julian Garza presented a summary.
Councilmember Mosteitmoved to approve an Interlocal Agreement with Harris County for the
MOTION PASSED.
construction of a culvert at P Street. Councilmember Moserseconded.
Page 6of 10
November 12, 2012, City Council Meeting Minutes
Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski,
Clausen, Mosteit, Martin and Moser
Nays:None
Absent:Councilmember Leonard
(c)
Consider approval or other action authorizing the City Manager to execute an agreement
with LJA Engineering, Inc., for the engineering design of a culvert extension at P Street
at its intersection with the F101-06 Drainage Channel–J.Garza
Senior Engineer Julian Garza presented a summary.
Councilmember Zemanek commented staff requested $166,000.00 for engineering design by Klotz
and Associates in September 2011,and Council approved $26,000.00 because they thought 8’x10’
boxculverts would suffice. Councilmember Zemanek questioned how $78,000.00for engineering
and designwork and $85,000.00 for construction could be justified;and whether the design work
could have been done in-house. Senior Engineer Garza responded it ishis professional opinion
the hydraulic modeling could not be conductedin-housein an efficient and cost effective manner
without the proper tools and resources.
Councilmember Mosteitmoved to authorize the City Manager to execute an agreement with LJA
Engineering, Inc., for the engineering design of a culvert extension at P Street at its intersection
MOTION PASSED.
with the F101-06 drainage channel. Councilmember Clausenseconded.
Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski,
Clausen, Mosteit, Martin and Moser
Nays:None
Absent:Councilmember Leonard
(d)
Consider approval or other action regarding a Resolution authorizing the City Attorney to
represent the City of La Porte in the acquisition of property for the F216 Little Cedar
Bayou Phase 2 Improvements –J. Garza
Councilmember Engelken left the table at 7:59 p.m.
Senior Engineer Julian Garza presented a summary.
2012-16
Assistant City Attorney read the caption of Resolution A RESOLUTION AUTHORIZING THE
ACQUISTION OF RIGHTS-OF-WAY FOR FLOOD CONTROL PURPOSES IN THE CITY OF
LA PORTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
2012-16
Councilmember Mosermoved to approve Resolutionauthorizing the City Attorney to
represent the City of La Porte in the acquisition of property for the F216 Little Cedar Bayou
MOTION PASSED.
Phase 2 Improvements. Councilmember Zemanekseconded.
Ayes: Mayor Rigby, Councilmembers Zemanek, Kaminski, Clausen,
Mosteit, Leonard, Martin and Moser
Nays:None
Absent:Councilmember Leonard
Away from the table during vote: Councilmember Engelken
Councilmember Engelken returned to the tableat 7:59 p.m.
(e)
Consider approval or other action regarding Ordinance 842-C to amend the boundary of La
Porte ETJ within the Bayport Industrial District pursuant to theInterlocal Agreement
between the Cities of La Porte and Pasadena –T. Tietjens
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November 12, 2012, City Council Meeting Minutes
Planning Director Tim Tietjens presented a summary.
Councilmember Engelken questioned if there is an update or timeline on Harris County amending
the Flood Plain Map in theBrookglen area with the improvements. Planning Director Tim Tietjens
responded in the Interlocal Agreement,the City of Pasadena would be given three years to
construct the detention;and then staff would be able to go back to FEMA and obtain a Letter of
MapRevision that would likely show several homes falling out ofthe hundred-year flood plain.
Councilmember Engelken commented he did not have a problem approving the item but did have a
problem with not having the ability to lower the insurance rates for the citizens in the area that are
paying four times the rate of other citizens. Councilmember Engelken also commented what Harris
County Flood Control did was unjust to the citizens in La Porte.
Assistant City Attorney read the caption of Ordinance 842-CAN ORDINANCE AMENDINGORDINANCE NO.
842, 842-A, AND 824-B, ORDINANCES DESIGNATING CERTAIN LAND WITHIN THE EXCLUSIVE
EXTRATERRITORIAL JURISDICTION OF THE CITY OF LA PORTE, TEXAS, AS AN INDUSTRIAL
DISTRICT TO BE KNOWN AS “BAYPORT INDUSTRIAL DISTRICT NO. 1OF THE LA PORTE, TEXAS,”
RESERVING AND PRESERVING ALL RIGHTS, POWERS AND DUTIES OTHERWISE REPOSING BY LAW
IN THE CITY COUNCIL OF THE CITY OF LA PORTE; PROVIDING A SAVINGS CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Councilmember Zemanekmoved to amend OrdinanceNos.842, 842-A and 842-Bto adjust
LaPorteextraterritorial jurisdiction within the Bayport Industrial District pursuant to Interlocal
Agreement between the City of La Porte and the City of Pasadena. Councilmember Martin
MOTION PASSED.
seconded.
Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski,
Clausen, Mosteit, Martin and Moser
Nays:None
Absent:Councilmember Leonard
(f)
Consider approval or other action regarding an Ordinance authorizing a new Industrial District
Agreement with Lyondell Chemical Company –T. Tietjens
Planning Director Tim Tietjens presented a summary.
3452
Assistant City Attorney read the caption of OrdinanceAN ORDINANCE AUTHORIZING THE
EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMETN WITH
LYONDELL CHEMICAL, A DELAWARE CORPORATION FOR THE TERM COMMENCING JANUARY 1,
2008, AND ENDING DECEMBER 31, 2019, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING
TO THE SUBJECT, FINDING COMPLIANCEWITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
3452
Councilmember Zemanekmovedto approve Ordinance authorizing a new Industrial District
MOTION
Agreementwith Lyondell Chemical Company.Councilmember Kaminskiseconded.
PASSED.
Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski,
Clausen, Mosteit, Martin and Moser
Nays:None
Absent:Councilmember Leonard
8.REPORTS
(a)
Receive report of Fiscal Affairs Committee –Councilmember Engelken
Councilmember Engelken provided a report ofthe Fiscal Affairs Committee.
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November 12, 2012, City Council Meeting Minutes
(b)
Receive report of La Porte Development Corporation Board –Councilmember Engelken
Councilmember Engelken provided a report ofthe La Porte Development Corporation.
(c)
Receive report on utility billing processes, including payment schedules –M. Dolby
Finance Director Michael Dolby provided a report on the utility billing processes, including payment
schedules.
(d)
Receive Delinquent Tax Report –Mayor Rigby
Assistant City Manager Traci Leach provided information on the Delinquent Tax Report.
Councilmember Zemanek commented the Delinquent Tax Report was tax year 2012 and
questioned if the individual were paying taxes early and not delinquent. Tax Manager Kathy Powell
responded yes, taxes were paid early.Councilmember Zemanek also questioned if Council could
receive a report of individuals whovoluntarily pay taxes and individuals who pay taxes due to the
firm collecting the taxes. Tax Manager Kathy Powell responded she would contact the firm andsee
if a report could be provided.
9.ADMINISTRATIVE REPORTS
(a)
Building Codes Appeals Board Meeting –Tuesday, November 13, 2012
(b)
Planning and Zoning Commission Meeting –Thursday, November 15, 2012
(c)
Thanksgiving Holidays –Thursday, November 22, 2012,and Friday, November 23, 2012
(d)
City Council Meeting –Monday, December 10, 2012
(e)
ChristmasHolidays –Monday,December24, 2012,and Tuesday,December25, 2012
City Manager Corby Alexander commented the Utility Billing Report was provided to let citizens
know of the options for making payments and assuredCouncil that staff does everything possible to
make it convenient for citizen to pay utility billsin a timely manner. Mr. Alexander also reported
Economic Development Coordinator Stacey Osborne had turned in her resignation and there would
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be a Farewell Reception held Thursday, November 15at 3:00 p.m. in the City Manager’s Office
and encouraged everyone to attend and wish Ms. Osborne the bestin her future endeavors.
10.COUNCIL COMMENTS
regarding matters appearing on the agenda; recognition of factual
information or existing policies –Councilmembers Leonard, Engelken, Mosteit, Clausen, Martin,
Moser, Kaminski, Zemanekand Mayor Rigby.
Councilmembers Engelken, Zemanek and Kaminskiwished everyone a Happy Thanksgiving;
Councilmember Mosteit wished everyone a Happy Thanksgiving and congratulated
Councilmembers Engelken and Martin on their reappointment as representatives to the H-GAC
(Houston-Galveston Area Council) 2013 General Assembly and Board of Directors;Councilmember
Clausen wished everyone a Happy Thanksgiving and reminded everyone of the upcoming La Porte
High School football game; Councilmember Moser thanked Council and the City Manager for
attending the Harvest Banquet; and Mayor Rigby also wished everyone a Happy Thanksgiving and
requested a short email on certified appraisal of dilapidated buildings.
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.
There was no executive session held.
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November 12, 2012, City Council Meeting Minutes
12.RECONVENE
into regular session and consider action, if any, on item(s)discussed in executive
session.
There was no executive session held.
13.ADJOURN
There being no further business, Councilmember Engelken moved to adjournthe meeting at
8:18p.m.
Respectfully submitted,
_______________________________
Patrice Fogarty, City Secretary
Passed and approved on December 10, 2012.
________________________________
Mayor Louis R. Rigby
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November 12, 2012, City Council Meeting Minutes
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested:December 10, 2012
Source of Funds: Vehicle Replacement
Requested By:Donald Ladd
Account Number:00950515228050
Department:Fire
Amount Budgeted:
Report: XResolution:Ordinance:
Amount Requested:
Exhibits:Memorandum of Agreement
Budgeted Item:YES
Exhibits:
Exhibits
SUMMARY & RECOMMENDATION
As approved in the April 9, 2012 city council meeting the FireDepartmenthas negotiated pricing
for upcoming fire department truck purchases. These fire trucks, with the exception of one, areto
be replaced in the upcoming years due to vehicle replacement per the city 20 year replacement
policy. The remaining truckis in need of replacement due to substandardperformance. Each
truck purchase must be approved by Council at time of order.
Buy Board Price:
Truck 1October 2012$414,323.00*
Truck 2October 2013$418,462.86(1%)
Truck 3October 2014$424,730.20(1 ½%)
Truck 4October 2015$431,091.55(1 ½%)
Truck 5October 2017$444,101.84(1 ½%)
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*Truck approved at the March 12council meeting
The existing agreement with the pricing outlined above has already saved the City approximately
2-3% on the purchase of Truck 2, as current pricing for this same vehicle is running
approximately 3-5% higher than last year’s truck. The City, through this agreement, saw a 1%
increase in cost over last year.
The Fire Department is now ready to order the second truck in the agreement to be delivered
budget year 2013-2014.Fire department is requesting a maximum of $6,500.00(1.5% of the
total cost) in additional contingency inorder to make adjustments to lighting, communication
and safety equipment due to NFPA and Sate recommendations.Firm pricing will be available on
these safety and efficiency modifications at the time of the formal bid award for Council
consideration.
Action Required by Council:
Consider approval or other action toauthorize placing an order for the second fire truck
($418,462.86) inthe 5 truck series agreement,with an additional 1.5% ($6,500.00)for the
additional safety equipment.
Approved for City Council Agenda
Corby D. Alexander,City ManagerDate
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested:December 10, 2012
Source of Funds: GEN 601 Fund 15
Requested By:Donald Ladd
Account Number: 015-9892-601-1100
Department:Fire
Amount Budgeted: 4,200,000.00
Report: Resolution:Ordinance:
Amount Requested: 51,295.00
Exhibits:Proposed Change Order
Exhibits:
Budgeted Item:YES
Exhibits
SUMMARY & RECOMMENDATION
As part of the overall project design for the new Fire Station 1, security and access control
systems were included in the original bid package. The bids that were received either deleted the
system or the cost ($85,000 –$125,000) was above the area standard by $30,000 -$60,000.As a
result, the security and access control systems were omitted from the original bid because of
inconsistencies in the bidding process.
These two components of the project were handled separately and Summit Builders solicited and
received bids for these systems. Summit willbe overseeing installation as an extension of the
overall project. The bids received ranged from approximately $50,000 -$65,000 and the Fire
Department is requesting City Council to authorize an additional $51,295 be moved into the
existing contingency account to fund the building’s security and access systems.
The additional funding will bring the total project construction contingency to 5%($132,745),up
from 3%($81,450)of the construction bid price. This will allow the remaining portions of the
original contingency to cover any other unforeseen costs. Despite the need for this additional
funding the project remainsunder budget.
Should Council approve this proposed Change Order, the additional funding will be moved into
the existing Construction Contingency Account (015-9892-601-9110).
Action Required by Council:
Consider approval or other action of a Change Order in the amount of$51,295 for equipment
procurement and installation of the new building’s security and access systems.
Approved for City Council Agenda
Corby D. Alexander,City ManagerDate
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested:12-10-12
Source of Funds:Grant
Requested By:Ken Adcox
Account Number:
Department:Police
Amount Budgeted:
Report: Resolution:Ordinance:
Amount Requested:$6,409.69
Exhibits:Intergovernmental Agreement with HGAC
Budgeted Item:YESNO
Exhibits
SUMMARY & RECOMMENDATION
TheLa Porte Police Department was recently notified of an opportunity to participate in a
Regional DWI Task Forceadministered by Houston-Galveston Area Council (HGAC) through
TXDOT. The grant is designed specifically to increase local DWI enforcement during the
following periods: Christmas/New Years –December 21, 2012 –January 1, 2013 (Two
weekends); Spring Break/Rodeo/St. Patrick’s Day –March 8-17, 2013 (Two weekends);
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Memorial Day –May 24-28, 2013; July 4–July 3-7, 2013; Labor Day –August 30-September
3, 2013.
The HGAC grant will be for a total of $5,047.00, reimbursed to the City for police officer
overtime. The grant requires, however, that the City pay for its own fringe benefit and vehicle
costs, which would be an additional $1,362.69, bringing the total operationalbudget (5,047.00
reimbursed by HGAC plus $1,362.69 paid by the City for fringe benefits) to $6,409.69.
Action Required by Council:
Consider approval or other action authorizingthe City Manager to sign an Intergovernmental
Agreement with Houston-Galveston Area Council (HGAC) for a Regional DWI Task Force
grant.
Approved for City Council Agenda
Corby D. Alexander,City ManagerDate
Contract #
HOUSTON-GALVESTON AREA COUNCIL
GENERAL PROVISIONS
INTERGOVERNMENTAL AGREEMENT
This Intergovernmental Agreement is made and entered into this 1st day of November, 2012, by and between the
Houston-Galveston Area Council, hereinafter referred to as H-GAC, having its principal place of business at 3555
The City of La Porte
Timmons Lane, Suite 120, Houston, Texas 77027 and , hereinafter referred to as the
604 West Fairmont Parkway, La Porte, Texas 77571
Contractor, having its principal place of business at .
WITNESSETH:
WHEREAS
, H-GAC hereby engages the Contractor to perform certain services in accordance with the specifications of
the Agreement; and
WHEREAS
, the Contractor has agreed to perform such services in accordance with the specifications of the
Agreement;
NOW, THEREFORE
, H-GAC and the Contractor do hereby agree as follows:
ARTICLE 1 LEGAL AUTHORITY
The Contractor warrants and assures H-GAC that it possesses adequate legal authority to enter into this Agreement. The
Contractor's governing body, where applicable, has authorized the signatory official(s) to enter into this Agreement and
bind the Contractor to the terms of this Agreement and any subsequent amendments hereto.
ARTICLE 2 APPLICABLE LAWS
The Contractor agrees to conduct all activities under this Agreement in accordance with all applicable rules, regulations,
directives, standards, ordinances and laws in effect or promulgated during the term of this Agreement. Such standards
and laws shall include, to the extent
promulgated by the State of Texas and the state and federal statutes referenced therein.
ARTICLE 3 INDEPENDENT CONTRACTOR
The execution of this Agreement and the rendering of services prescribed by this Agreement do not change the
independent status of H-GAC or the Contractor. No provision of this Agreement or act of H-GAC in performance of the
Agreement shall be construed as making the Contractor the agent, servant or employee of H-GAC, the State of Texas or
the United States Government. Employees of the Contractor are subject to the exclusive control and supervision of the
Contractor. The Contractor is solely responsible for employee payrolls and claims arising therefrom. The Contractor
shall notify H-GAC of the threat of lawsuit or of any actual suit filed against the Contractor pertaining to this Agreement
ARTICLE 4 WHOLE AGREEMENT
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The General Provisions, Special Provisions and Attachments, as provided herein, constitute the complete agreement
between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters
herein. Except as otherwise provided herein, this Agreement cannot be modified without written consent of the parties.
ARTICLE 5 SCOPE OF SERVICES
The services to be performed by the Contractor are outlined in the Special Provisions of this Agreement.
ARTICLE 6 PERFORMANCE PERIOD
December 1, 2012September 30, 2013
This Agreement shall be performed during the period which begins and ends .
The work under this Agreement shall begin immediately following a formal Notice to Proceed.
ARTICLE 7 REPORTING REQUIREMENTS
Reporting requirements are set forth in the Special Provisions of this Agreement. If the Contractor fails to submit to
H-GAC in a timely and satisfactory manner any report required by this Agreement, or otherwise fails to satisfactorily
render performances hereunder, H-GAC may withhold payments otherwise due and owing the Contractor hereunder. If
H-GAC withholds such payments, it shall notify the Contractor of its decision and the reasons therefor. Payments
withheld pursuant to this Article may be held by H-GAC until such time as the delinquent obligations for which funds
are withheld are fulfilled by the Contractor. The Contractor's failure to timely submit any report may also be considered
cause for termination of this Agreement.
ARTICLE 8 PAYMENTS
The Contractor agrees that payments are predicated upon properly documented and verified proof of performance
delivered and costs incurred by the Contractor in accordance with the terms of this Agreement and shall be paid in
accordance with the Compensation Schedule in the Special Provisions.
ARTICLE 9 NON FUNDING CLAUSE
Each payment obligation of H-GAC created by this Agreement is conditioned upon the availability of state or federal
funds appropriated or allocated for the payment of such obligations. H-GAC shall not be otherwise obligated or liable
for any future payments due or for any damages as a result of interruption of payment or termination under this Article.
ARTICLE 10 INSURANCE
The Contractor shall maintain insurance coverage for work performed or services rendered under this Agreement as
specified in the Special Provisions.
ARTICLE 11 REPAYMENTS
The Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to H-GAC any
amounts determined by H-GAC, its independent auditors, or any agency of state or federal government to have been
paid in violation of the terms of this Agreement.
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ARTICLE 12 SUBCONTRACTS
Except as may be set forth in the Special Provisions, the Contractor agrees not to subcontract, assign, transfer, convey,
sublet or otherwise dispose of this Agreement or any right, title, obligation or interest it may have therein to any third
party without prior written approval of H-GAC.
The Contractor acknowledges that H-GAC is not liable to any subcontractor(s) of the Contractor.
The Contractor shall ensure that the performance rendered under all subcontracts shall result in compliance with all the
terms and provisions of this Agreement as if the performance rendered was rendered by the Contractor.
ARTICLE 13 AUDIT
As a recipient of state or federal assistance through this Agreement, the Contractor acknowledges that it is subject to the
Single Audit Act of 1996, P.L. 98-502, (hereinafter referred to as "Audit Act"), OMB Circular No. A-133, and the State
of Texas Single Audit Circular incorporated in UGMS.
The Contractor shall have an audit made in accordance with the Single Audit, requirements of the most recently adopted
UGMS and OMB Circular A-133 for any of its fiscal years in which Contractor expends more than $500,000 in state or
federal financial assistance.
The Contractor will provide H-GAC a copy of the single audit, including management letter and reporting package
required by federal and state rules within 30 days a
audit period.
H-GAC reserves the right to conduct or cause to be conducted an independent audit of all funds received under this
Agreement which may be performed by the local government audit staff, a certified public accountant firm, or other
auditors as designated by the H-GAC. Such audit will be conducted in accordance with State law, regulations, and
policy, and generally accepted auditing standards and established procedures and guidelines of the reviewing or audit
agency(ies).
The Contractor understands and agrees that the Contractor shall be liable to the H-GAC for any costs disallowed or
overpayment as a result of audit or inspection of records kept by the Contractor on work performed under this
Agreement.
ARTICLE 14 EXAMINATION OF RECORDS
The Contractor shall maintain during the course of the work, complete and accurate records of all of the Contractor's
costs and documentation of items which are chargeable to H-GAC under this Agreement. H-GAC, through its staff or
designated public accounting firm, the State of Texas and the United State Government, shall have the right at any
reasonable time to inspect, copy and audit those records on or off the premises by authorized representatives of its own
or any public accounting firm selected by it. The right of access to records is not limited to the required retention period,
but shall last as long as the records are retained. Failure to provide access to records may be cause for termination of the
Agreement. The records to be thus maintained and retained by the Contractor shall include (without limitation): (1)
personnel and payroll records, including social security numbers and labor classifications, accounting for total time
distribution of the Contractor's employees working full or part time on the work, as well as cancelled payroll checks,
signed receipts for payroll payments in cash, or other evidence of disbursement of payroll payments; (2) invoices for
purchases, receiving and issuing documents, and all other unit inventory records for the Contractor's stocks or capital
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H-GAC10/98
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parties' charges.
The Contractor further agrees to include in all its subcontracts permitted pursuant to Article 12 hereof, a provision to the
effect that the subcontractor agrees that H-GAC and its duly authorized representatives shall, until the expiration of four
(4) years after final payment under the subcontract or until all audit findings have been resolved, have access to and the
right to examine and copy any directly pertinent books, documents, papers, invoices and records of such subcontractor
involving transactions relating to the subcontract.
ARTICLE 15 RETENTION OF RECORDS
The Contractor shall maintain all records pertinent to this Agreement, including but not limited to those records
enumerated in Article 14, and all other financial, statistical, property, participant records, and supporting documentation
for a period of no less than four (4) calendar years from the later of the date of acceptance of the final contract closeout
or the date of the final audit required under Article 13 of this Agreement. If any litigation, claim, negotiation, audit or
other action involving the records has been started before the expiration of the retention period, the records shall be
retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular four
(4) year period, whichever is later.
ARTICLE 16 CHANGES AND AMENDMENTS
Any alterations, additions, or deletions to the terms of this Agreement which are required by changes in federal law or
regulations are automatically incorporated into this Agreement without written amendment hereto, and shall become
effective on the date designated by such law or regulation; provided if the Contractor may not legally comply with such
change, the contractor may terminate its participation herein as authorized by Article 17.
H-GAC may, from time to time, require changes in the scope of the services of the Contractor to be performed
hereunder. Such changes that are mutually agreed upon by and between H-GAC and the Contractor in writing shall be
incorporated into this Agreement.
ARTICLE 17 TERMINATION PROCEDURES
The Contractor acknowledges that this Agreement may be terminated under the following circumstances:
A. Convenience
H-GAC may terminate this Agreement in whole or in part without cause at any time by written notice by
certified mail to the Contractor whenever for any reason H-GAC determines that such termination is in the best
interest of H-GAC. Upon receipt of notice of termination, all services hereunder of the Contractor and its
employees and subcontractors shall cease to the extent specified in the notice of termination. In the event of
termination in whole, the Contractor shall prepare a final invoice within 30 day days of such termination
reflecting the services actually performed which have not appeared on any prior invoice, such invoice shall be
satisfactory to the Executive Director or his designee. H-GAC agrees to pay the Contractor, in accordance with
the terms of the Agreement, for services actually performed and accruing to the benefit of H-GAC, less
payment of any compensation previously paid.
The Contractor may cancel or terminate this Agreement upon thirty (30) days written notice by certified mail to
H-GAC. The Contractor may not give notice of cancellation after it has received notice of default from H-
GAC. In the event of such termination prior to completion of the Agreement provided for herein, H-GAC
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H-GAC10/98
Contract #
agrees to pay services herein specified on a prorated basis for work actually performed and invoiced in
accordance with the terms of this Agreement, less payment of any compensation previously paid.
B. Default
H-GAC may, by written notice of default to the Contractor, terminate the whole or any part of the Agreement
in any one of the following circumstances:
(1) If the Contractor fails to perform the services herein specified within the time specified herein or any
extension thereof; or
(2) If the Contractor fails to perform any of the other provisions of this Agreement for any reason
whatsoever, or so fails to make progress or otherwise violates the Agreement that completion of the
services herein specified within the agreement term is significantly endangered, and in either of these
two instances does not cure such failure within a period of ten (10) days (or such longer period of
time as may be authorized by H-GAC in writing) after receiving written notice by certified mail of
default from H-GAC.
In the event of such termination, all services of the Contractor and its employees and subcontractors shall cease
and the Contractor shall prepare a final invoice reflecting the services actually performed pursuant to the
Agreement which have not appeared on any prior invoice. Such invoice must be satisfactory to the Executive
Director of H-GAC or his designee. H-GAC agrees to pay the Contractor, in accordance with the terms of this
Agreement, for services actually performed and accruing to the benefit of H-GAC as reflected on said invoice,
less payment of any compensation previously paid and less any costs or damages incurred by H-GAC as a
result of such default, including incremental costs that H-GAC will incur to have the Agreement completed by
a person other than the contractor.
ARTICLE 18 SEVERABILITY
All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such
determination shall not affect any other term of this Agreement, which shall continue in full force and effect.
ARTICLE 19 COPYRIGHTS
The state or federal awarding agency and H-GAC reserve a royalty-free, nonexclusive, and irrevocable license to
reproduce, publish or otherwise use, and to authorize others to use, for state or federal government or H-GAC purposes:
(a) The copyright of all maps, data, reports, research or other work developed under this Agreement; and
(b) Any copyrights or rights of use to copyrighted material which the Contractor purchases with funding
under this Agreement. All such data and material shall be furnished to H-GAC on request.
ARTICLE 20 OWNERSHIP OF MATERIALS
Except as may be specified in the Special Provisions, all data, reports, research, etc., developed by the Contractor as a
part of its work under this Agreement shall become the property of the H-GAC upon completion of this Agreement, or in
the event of termination or cancellation hereof, at the time of payment under ARTICLE 8 for work performed. All such
data and material shall be furnished to H-GAC on request.
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H-GAC10/98
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ARTICLE 21 FORCE MAJEURE
To the extent that either party to this Agreement shall be wholly or partially prevented from the performance within the
term specified of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire,
flood, acts of war, insurrection, accident, order of any court,
control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation
or duty shall be suspended until such disability to perform is removed. Determination of force majeure shall rest solely
with the H-GAC.
ARTICLE 22 NON-DISCRIMINATION AND EQUAL OPPORTUNITY
The Contractor agrees to comply with all federal statutes relating to nondiscrimination. These include but are not
limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race,
color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and
1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as
amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans with
Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107), which
prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as
amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the
nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of
1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient
records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; (I) any other nondiscrimination provisions in any specific
statute(s) applicable to any Federal funding for this Agreement; and (j) the requirements of any other nondiscrimination
statute(s) which may apply to this Agreement.
ARTICLE 23 CONFLICT OF INTEREST
No officer, member or employee of the Contractor or subcontractors, no member of the governing body of the
Contractor, and no other public officials of the Contractor who exercise any functions or responsibilities in the review or
approval of this Agreement, shall participate in any decision relating to this Agreement which affects his or her personal
interest, or shall have any personal or pecuniary interest, direct or indirect, in this Agreement.
ARTICLE 24 POLITICAL ACTIVITY; LOBBYING
No funds provided under this Agreement may be used in any way to attempt to influence in any manner a member of
Congress to favor or oppose any legislation or appropriation by Congress, or for lobbying with state or local legislators.
The Contractor, if a recipient of federal assistance exceeding $100,000 through an H-GAC subcontract, will comply
with section 319, Public Law 101-121 (31 U.S.C. 1352).
ARTICLE 25 SECTARIAN INVOLVEMENT PROHIBITED
The Contractor shall ensure that no funds under this Agreement are used, either directly or indirectly, in the support of
any religious or anti-religious activity, worship, or instruction.
ARTICLE 26 CRIMINAL PROVISIONS AND SANCTIONS
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H-GAC10/98
Contract #
The Contractor agrees that it will perform the Agreement activities in conformance with safeguards against fraud and
abuse as set forth by the H-GAC, the State of Texas, and the acts and regulations of the funding entity. The Contractor
agrees to promptly notify H-GAC of suspected fraud, abuse or other criminal activity through the filing of a written
report within twenty-four (24) hours of knowledge thereof and to notify H-GAC of any accident or incident requiring
medical attention arising from its activities under this Agreement within twenty-four (24) hours of such occurrence.
Theft or willful damage to property on loan to the Contractor from H-GAC, if any, shall be reported to local law
enforcement agencies and H-GAC within two (2) hours of discovery of any such act.
The Contractor further agrees to cooperate fully with H-GAC, local law enforcement agencies, the State of Texas, the
Federal Bureau of Investigation and any other duly authorized investigative unit in carrying out a full investigation of all
such incidents.
ARTICLE 27 TITLES NOT RESTRICTIVE
The titles assigned to the various Articles of this Agreement are for convenience only. Titles shall not be considered
restrictive of the subject matter of any Article, or part of this Agreement.
ARTICLE 28 ACKNOWLEDGEMENT OF FUNDING SOURCE
The Contractor shall give credit to Federal Transit Administration (FTA), Federal Highway Administration (FHWA),
Texas Department of Transportation (TxDOT), National Highway Traffic Safety Administration (NHTSA) and H-GAC
as the funding source for this Agreement in all oral presentations, written documents, publicity, and advertisements
ARTICLE 29 DISPUTES
Any and all disputes concerning questions of fact or of law arising under this Agreement which are not disposed of by
agreement shall be decided by the Executive Director of H-GAC or his designee, who shall reduce his decision to
writing and provide notice thereof to the Contractor. The decision of the Executive Director or his designee shall be
final and conclusive unless, within thirty (30) days from the date of receipt of such copy, the Contractor requests a
rehearing from the Executive Director of H-GAC. In connection with any rehearing under this Article, the Contractor
shall be afforded an opportunity to be heard and offer evidence in support of its position. The decision of the Executive
Director after any such rehearing shall be final and conclusive. The Contractor may, if it elects to do so, appeal the final
and conclusive decision of the Executive Director to a court of competent jurisdiction. Pending final decision of a
dispute hereunder, the Contractor shall proceed diligently with the performance of the Agreement and in accordance
with H-GAC's final decision.
ARTICLE 30 GOVERNING LAW; VENUE
This Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of
action arising under or in connection with the Agreement shall lie exclusively in Harris County, Texas, unless the laws of
the State of Texas specifically establish venue in some other county.
ARTICLE 31 ORDER OF PRIORITY
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H-GAC10/98
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In the case of any conflict between the General Provision, the Special Provisions, and Attachments to this Agreement,
the following order of priority shall be utilized: Special Provision, General Provisions, and Attachments.
H-GAC and the Contractor have executed the Agreement as of the date first written above.
Jack Steele, Executive Director Corby Alexander
Houston-Galveston Area Council City Manager
Date Date
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H-GAC10/98
SPECIAL PROVISIONS
INDEXPAGE
1.Compensation1
2.Contractor Personnel2
3.Inspection of Work2
4.Proprietary Rights2
5.Insurance2
6.Progress Reports2
7.Disadvantaged Business Enterprises3
8.Title VI Assurance3
9.Compliance with Laws4
10.Energy Policy4
11.Clean Air Act and Federal Water Pollution Control
Act Requirements4
12.Debarred Bidders4
13.Drug-Free Workplace5
1. COMPENSATION
The Contractor shall be reimbursed by H-GAC for authorized costs in accordance with 48 CFR, Ch 1, Part 31 incurred
in performance of the work set out in this contract as specifically described in Attachment A. Detailed records must be
maintained to show actual time devoted and costs incurred.
The Contractor will submit a final invoice within 30 days after the completion of work. Invoices submitted after this
time will not be honored unless prior arrangements are made and approved in writing by H-GAC.
Five Thousand,
A.Maximum Compensation. The total reimbursement under this contract shall not exceed
Forty-Seven$5,047
Dollars().
B.Travel Expenses and Subsistence.The Contractor shall be paid the actual cost incurred by personnel working
on this project for travel expenses and subsistence that are certified as being correct and necessary for and
directly associated with performance of this Contract. In-state travel shall be reimbursed at rates established by
the State Comptrollers Office: (http://www.cpa.state.tx.us/). Transportation costs shall be reimbursed for
Coach or comparable airfare or for private automobile, whichever is less. Out-of-state travel shall be
reimbursed not to exceed current Federal Per Diem rates as allowed by 41 CFR Part 301-7 and Chapter 301
Federal Travel Regulations; Maximum Per Diem rates; Final Rule. Rental vehicle expenses shall be
reimbursed at actual cost of compact car or smaller, unless approved by H-GAC in advance.(Note: Itemized
receipt(s) for food is necessary)
C.Method of Payment. H-GAC will reimburse the Contractor for services rendered on the basis of allowable
costs up to the amount specified in Section 1, Part A above. Reimbursement shall be made monthly within
forty-five(45) days after the receipt of the Contractor's invoice and support documentation, except as stipulated
in paragraph E below. An invoice must arrive each month whether or not any expenses have occurred.In
addition to documentation for travel and equipment each invoice must be accompanied by a progress report as
described in Section 6, Activity Reports, below.
D.Billings.TheContractor shall submita Request for Reimbursement reflecting the overtime worked within
seven (7) days of an enforcement period. The Request for Reimbursement shall include the followingset of
reports, where applicable,reflecting the enforcement activities conducted as part of the Regional DWI Task
Force grant:
i.Agency Enforcement Summary Sheet (which will serve as the Agency’s Request for
Reimbursement)
ii.Officers’Shift Reports
iii.Official Overtime Slipsfrom law enforcement agency
iv.Copies of violations identified during enforcement period
v.List of public events attended whereDWI and theDWI Task Force were discussed
vi.Documentation of any court time or administrative license revocation (ALR) hearing time
associated with an arrest made during any enforcement period during the term of this
agreement.
E.Matching Fund Certification.TheContractor shall record and report benefits and taxes that have been paid on
the overtime pay accrued by participating staff during the enforcement period, as well as the number of miles
driven by participating staff in the vehicle used for the enforcement activities. The rates for these items are as
follows:
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H-GAC--10/98; 3/05--SpecProvIA
17.63percent of wages
i.Retirement Match:
6.2 percent of wages
ii.Social Security Tax:
1.45 percent of wages
iii.Medicare Tax:
1.71percent of wages
iv.Workers’ Compensation:
$0.555per mile
v.Vehicle Mileage Rate:
These rates may be subject to change based on legislative or local governmental action. H-GAC must be
notified of any change in the above-listed rates made by the Contractor.
2. CONTRACTOR PERSONNEL
The Contractor agrees to assign qualified staff members including a Project Manager who shall be responsible for the
Bennie Boles
task administration and work performance. The Project Manager shall be . In the event the Project
Manager becomes no longer available to this project, a substitution of like personnel with similar qualifications can only
be made after obtaining prior written approval of H-GAC.
3. INSPECTION OF WORK
H-GAC shall have the right to review and inspect the progress of the work described herein at all times.
4. PROPRIETARY RIGHTS
Contractor agrees not to release data or information about the results of the project to any person outside of H-GAC
without first obtaining written authorization to release such information from H-GAC. Contractor shall be permitted to
list H-GAC as a client for marketing purposes.
5. INSURANCE
H-GAC acknowledges that Contractor is governed by the Texas Tort Claims Act, which sets forth certain limitations
and restrictions on the types of liability and the types of insurance coverage that can be required of Contractor. The
Contractor represents to H-GAC that it either has adequate General Liability and Property insurance policies in place
or sufficient resources to self-insure for all claims for which it may be responsible under the Texas Tort Claims Act.
The Contractor further represents to H-GAC that it either has workers’ compensation insurance in the amount
required by statute or is entitled to self-insure for workers compensation coverageunder Texas law and has elected
to do so.
6. ACTIVITY REPORTS
The Contractor shall submit to H-GAC activity reports as described in Section One, PartsCand Dabove. The reports
shall reflect enforcement activitiesaccomplished during the previous enforcement period.These reports will include,
but not be limited tothe list of items required under Section One, Part D.
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7. DISADVANTAGED BUSINESS ENTERPRISES
(1)Policy. It is the policy of the Department of Transportation (DOT) that disadvantaged business enterprises as
defined in 49 CFR Part 26shall have the maximum opportunity to participate in the performance of contracts
financed in whole or part with Federal funds under this Agreement. Consequently, the DBE requirements of 49
CFR Part 26apply to this Agreement.
(2)DBE Obligation. The Contractor agrees to ensure that disadvantaged business enterprises as defined in 49
CFR Part 26have the maximum opportunity to participate in the performance of contracts and subcontracts
financed in whole or in part with Federal funds provided under this Agreement. In this regard the Contractor
shall take all necessary and reasonable steps in accordance with 49 CFR Part 26to ensure that disadvantaged
business enterprises have the maximum opportunity to compete for and perform contracts. The Contractor
shall not discriminate on the basis of race, creed, color, national origin, age, or sex in the award and
performance of DOT-assisted contracts.
H-GAC has established a goal of 22% DBE participation in its FTA third party contracting opportunities.
There, any contract issued under this Agreement will carry a 22% DBE participation goal.
8. TITLE VI ASSURANCE
During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest (hereinafter
referred to as the "Contractor") agrees as follows:
(a)Compliance with Regulations. The Contractor shall comply with the regulations relative to nondiscrimination
in Federally-assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of
Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the
"Regulations"), which are herein incorporated by reference and made a part of this Contract.
(b)Nondiscrimination. The Contractor, with regard to the work performed by it during the Contract, shall not
discriminate on the grounds of race, color, religion, sex, age, or national origin in the selection and retention of
subcontractors, including procurement of materials and leases of equipment. The Contractor shall not
participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulation
including employment practices when the Contract covers a program set forth in Appendix B of the
Regulations.
(c)Solicitation for Subcontracts, including Procurement of Materials and Equipment. In all solicitations either by
competitive bidding or negotiation made by the Contractor for work to be performed under the subcontract,
including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be
notified by the Contractor of the Contractor's obligations under this Contract and the Regulations relative to
nondiscrimination on the grounds of race, color, religion, age, sex, or national origin.
(d)Information and Reports. The Contractor shall provide all information and reports required by the Regulations
or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of
information, and its facilities as may be determined by H-GAC or the Department of Transportation (DOT) to
be pertinent to ascertain compliance with such regulations, orders, and instructions. Where any information is
required of aContractor and is in the exclusive possession of another who fails or refuses to furnish this
information, the Contractor shall so certify to H-GAC or the Department of Transportation, as appropriate and
shall set forth what efforts it has made to obtain the information.
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H-GAC--10/98; 3/05--SpecProvIA
(e)Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the nondiscrimination
provisions of this Contract, the District shall impose such contract sanctions as it or the Department of
Transportation may determine to be appropriate, including, but not limited to:
(1)Withholding of payments to the Contractor under the Contract until the Contractor complies, and/or
(2)Cancellation, termination, or suspension of the Contract, in whole or in part.
(f)Incorporation of Provisions. The Contractor shall include the provisions of paragraphs (a) through (f) in every
subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or
directives issued pursuant hereto. TheContractor shall take such action with respect to any subcontract or
procurement as H-GAC may direct as a means of enforcing such provisions including sanctions for
noncompliance. Provided, however, that in the event a Contractor becomes involved in or is threatened with
litigation with a subcontractor or supplier as a result of such direction, the Contractor may request H-GAC to
enter into such litigation to protect the interests of H-GAC and, in addition, the Contractor may request the
United States to enter into such litigation to protect the interests of the United States.
9. COMPLIANCE WITH LAWS
TheContractor shall comply with all Federal, State and local laws, statutes, ordinances, rules and regulations, and
the orders and decrees of any courtsor administrative bodies or tribunals in any matter affecting the performance of
this Agreement, including without limitation, workers’ compensation laws, minimum and maximum salary and wage
statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish H-GAC
with satisfactory proof of its compliance therewith.
10. ENERGY POLICY
Contracts shall recognize mandatory standards and policies relating to energy efficiency which are contained in the state
energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163).
11. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT REQUIREMENTS
Contractor agrees to comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean
Air Act (42 USC 1857 (h), Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and
Environmental Protection Agency regulations (40 CFR, Part 15) which prohibit the use under nonexempt federal
contracts, grants or loans, of facilities included on the EPA list for Violating Facilities.
12. DEBARRED BIDDERS
Contractor, including any of its officers or holders of a controlling interest, is obligated to inform H-GAC whether or not
it is or has been on any debarred bidders' list maintained by the United states Government. Should the Contractor be
included on such a list during the performance of this project, it shall so inform H-GAC.
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H-GAC--10/98; 3/05--SpecProvIA
13. DRUG-FREE WORKPLACE
The Contractor agrees that if the Contractor is a recipient of more than $25,000 in federal assistance through an H-GAC
subcontract, the Contractor shall provide a "drug-free" workplace in accordance with the Drug-free Workplace Act
(DFWA), March 18, 1989. For purposes of this Section, "drug-free" means a worksite at which employees are
prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled
substance. The Contractor shall:
1.Publish a policy statement prohibiting the manufacture,distribution, dispensation, possession, or use of a
controlled substance and notify employees of the consequences for violating this prohibition;
2.Establish a drug-free awareness program;
3.Provide each employee with a copy of its policy statement; and
4.Notify employees that, as a condition of employment, the employee must adhere to the terms of the statement
and must notify the employer of any criminal drug offense within five days of conviction.
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ATTACHMENT A -SCOPE OF SERVICES
REGIONAL DWI TASK FORCE
RESPONSIBILITIES OF PARTICIPATING AGENCIES:
The following are a list of expectations for officers and agencies interested in participating in the
Regional DWI Task Force. This list is based on TxDOT’s requirements for Selective Traffic
Enforcement Program (STEP) Grants:
A.H-GAC will serve as the administrator of the STEP Grant. H-GAC will be responsible
for the following activities in the grant’s administration:
1.Setting up pre-Task Force meetings with participating agencies to discuss
participation, protocols, and operational specifics;
2.Setting up post-Task Force meetings to debrief enforcement activities;
3.Determining how many officers will be participating on an enforcement weekend;
4.Collecting requests for reimbursement, along with associated backup
documentation;
5.Submitting requests for reimbursement to TxDOT;
6.Reimbursing agencies for work performed upon receipt of funds from TxDOT;
7.Report on Task Force performance to TxDOT and to Task Force members.
B.Task Force activitieswill occur duringthe following periods:
1.Christmas/New Years–December 21,2012–January 1, 2013(Two weekends)
2.Spring Break/Rodeo/St. Patrick’s Day–March 8-17, 2013(Two weekends)
3.Memorial Day –May 24-28, 2013
th
4.July 4–July 3-7, 2013
5.Labor Day –August 30-September 3, 2013
C.Participating agencies will be expected to assist H-GAC in carryingout all performance
measures established in the grant, including fulfilling the law enforcement objectives by
implementing the Operational Plan contained in this Grant Agreement.
D.Participating agencies will be expected to submit all required reports to H-GAC fully
completed with the most current information, and within the required times, as defined in
the agency’sAgreementwith H-GAC and as required by TxDOT. This includes reporting
to H-GACon progress, achievements, and problems in post-operationalPerformance
Reports and attaching necessary source documentation to support all costs claimed in
Requests for Reimbursement (RFR).
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E.Participating agencies will be expected to attend H-GAC and TxDOTgrant management
training, when required.
F.Participating agencies will be expected to attend meetings according to the following:
1.H-GAC will arrange for Task Force meetings in order to meet with participating
agencies prior to anenforcement event to discuss procedures, protocols, and
operational specifics relating to the event (e.g.enforcement area determination,
intake facility locations, etc.)
2.H-GACwill arrange for Task Force meetingsto meet withparticipating agencies
to present status of activities and to discuss problems and the schedule for the
following enforcement event’swork.
3.H-GAC’sproject director or other appropriate qualified persons will be available
to represent participating agenciesat meetings requested by the TxDOT.
G.Participating agencies will be expected to support grant enforcement efforts with public
information and education (PI&E) activities. Salaries being claimed for PI&E activities
must be included in the budget.
H.Participating agencies must maintain verification that all expenses, including wages or
salaries, for which reimbursement is requested is for work exclusively related to this
project.
I.Participating agencies, to comply with TxDOTmatching fund requirements, will supply
the following information (if applicable) associated with the time worked by agency
personnel:
1.Retirement match paid by agency
2.Workers Compensation insurance
3.Social Security Tax
4.Medicare Tax
5.Health Insurance
6.Vehicle Mileage for shift
7.Indirect Costs
8.Administrative License Revocation or Court Hearings
J.Participating agencies will be expected to provide information about any cases either
contested in court or brought to an Administrative License Revocation (ALR) hearing,
including the amount of time an officer spent in court or in a hearing and value of that
associated time.
K.Participating agencies will be expected to ensure that this grant will in no way supplant
(replace) funds from other sources. Supplanting refers to the use of federal funds to
support personnel or any activity already supported by local or state funds, or other
sources of agency revenue.
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L.Participating agencies will be expected to ensure that each officer working on the STEP
project will complete an officer’s daily report form. The form should include at a
minimum: name, date, badge or identification number, mileage (including starting and
ending mileage), hours worked, type of citation issued or arrest made, officer and
supervisor signatures. Each officer will need to complete an overtime slip from his or her
agency as well.
M.Participating agencies will be required to identify a supervising officer for each shift
being worked by the agency.
N.Participating agencies will be expected to ensure that no officer above the rank of
Lieutenant (or equivalent title) will be reimbursed for enforcement duty, unless the
participating agencyreceived specific written authorization from both H-GAC and
TxDOT, through eGrants system messaging, prior to incurring costs.
O.Participating agencies must submit a summary reimbursement request form to H-GAC
within seven days of the end of the enforcement weekendfor reimbursement.With this
reimbursement request form shall be attached all of the agency’s daily report forms,
copies of overtime slips, and copies of any arrest activity during the shift.The
reimbursement submission must be certified by the agency’s financial officer. Failure to
submit this information in a timely manner will hold up reimbursements for all
participating agencies.
P.Participating agenciesmay work additional STEP enforcement hours on holidays or
special events not covered under the Operational Plan. However, additional work must be
approved in writing by H-GAC and TxDOT, through eGrants system messaging, prior to
enforcement. Additional hours must be reported in the Performance Report for the time
period for which the additional hours were worked.
Q.An enforcement shift shall be no longer than eight (8) hours. Shift length will be
determined prior to the shift. However, if an officer makes a STEP-related arrest during
the shift, but does not complete the arrest before the shift is scheduled to end, the officer
can continue working under the grant to complete thatarrest.
R.Participating agencieswith a traffic unit will utilize traffic personnel for this grant
primarily, unless such personnel are unavailable for assignment.
S.Participating agenciesshould have a safety belt use policy. If a participating agencydoes
not have a safety belt use policy in place, a policy should be implemented, and a copy
maintained for verification during the grant year.
T.Officers working DWI enforcement must be trained in the National Highway Traffic
Safety Administration/International Association of Chiefs of Police Standardized Field
Sobriety Testing (SFST). In the case of a first year subgrantee, the officers must be
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trained, or scheduled to be SFST trained, by the end of the grant year. For second or
subsequent year grants, all officers working DWI enforcement must be SFST trained.
U.Participating agenciesshould have a procedure in place for contacting and using drug
recognition experts (DREs) when necessary.
V.Participating agencies will be expected to follow its own policies and procedures, as well
as to enforce and comply with all federal, state, and local laws and regulations.
W.This grant is a multi-agency effort, requiring all participants to make a diligent effort to
patrol and apprehend offenders. Failure of an officer todo so may result in the overall
non-achievement of goals, jeopardizing the future ability of being awarded similar grants
in the future. If it is deemed that an officer is not producing results, that officer may be
denied future shifts during the grant period.
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EMPLOYEE INFORMATIONENFORCEMENT SUMMARYAGENCY MATCH
OFFICER’S SHIFTREPORT
REGIONAL DWI TASK FORCE
AGENCY:VEH. UNIT #
OFFICER’S NAME:EMPLOYEE #
DATE:DAY:
SHIFT TIME START:END:TOTAL HRS:
BEGIN MILEAGE:END:TOT. MILEAGE:
SUMMARY OF ENFORCEMENT ACTIVITIES
TRAFFIC STOPS: ___________ TRAFFIC ARRESTS: ___________
D.W.I
TOTAL
OTHER CRIME
()
FELONY/MISD
CRIME ARRESTS
______
-DO NOT INCLUDE DWI ARRESTS -
LOCAL WARRANTS / SETCIC
SEATBELT
HAZARDOUS MOVING
TOTAL
SPEED
ENFORCEMENT
ACTIVITY
RED LIGHTS / STOP SIGNS
______
NON_MOVING
OTHER TRAFFIC
COMMENTS:
SIGNED:SIGNED:
(OFFICER)(SUPERVISOR)
OFFICER MUST COMPLETE REVERSE SIDE OF THIS REPORT
INVESTIGATIONS CONDUCTED
1. REC.TYPEPRSC2. REC.TYPEPRSC
ARR.LOCATION BEATARR.LOCATIONBEAT
CLR.DISPOSITION SOURCECLR.DISPOSITIONSOURCE
3. REC.TYPEPRSC4. REC.TYPEPRSC
ARR.LOCATION BEATARR.LOCATIONBEAT
CLR.DISPOSITION SOURCECLR.DISPOSITIONSOURCE
TRAFFIC ARREST ACTIVITY
DISTTIMELOCATIONARREST NO.CHARGE
FULL NAME {SUSPECT }RACE/SEX DOB
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
CRIMEARREST ACTIVITY
DISTTIMELOCATIONARREST NO.CHARGE
FULL NAME {SUSPECT }RACE/SEX DOB
1
2
3
4
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested:December 10, 2012
Vehicle Replacement
Source of Funds: and Em. Serv. Funds
Requested By:David Mick
Account Number: Various
Department:Public Works
Amount Budgeted:$ 292,045.00
Report: Resolution:Ordinance:
Amount Requested: $ 225,124.02
Exhibits:Bid Tabulation
Budgeted Item:YES
Exhibits: Bidders List
ExhibitsPg’s 2-9, 6-8 from FY 12_13 Budget
SUMMARY & RECOMMENDATION
Sealed bids (#13003) were received on November 13, 2012for the purchase of city vehicles.
There are nine (9) vehicles as part of this request including eight(8) replacement vehicles and
one (1) Fire Department vehicle that is new to the city fleet.All nine vehicles were approved by
City Council with the FY 12_13 budget. The bid tabulation and bidder notification list is
attached. The bids recommended by staff for award are as follows:
BIDDERBID ITEM(quantity)BIDBUDGETEDUSER
1)-
McRae Ford, Inc.(one)SUV w/ Spec. Service or Police$25,966.55$31,859.00POLICE
package
2)-
Grapevine Dodge(one)4-door, unmarked staff car$21,995.00$31,859.00POLICE
3)
Dallas Dodge -(four)4-door, marked police car$100,000.00$127,436.00 [1]POLICE
6)
Dallas Dodge-(one) Full Sized, 2WD, SUV$ 25,100.00$37,402.00ENGR
4)-
Reliable Chevrolet(one) SUV w/ Spec. Service or Police$27,262.47$35,000.00[2]FIRE
Package(Fire Marshal)
5)-$24,800.00$28,489.00[3]SEWER
Prestige Ford(one) 1-ton regular cab w/service body
TOTALS:$225,124.02$292,045.00
Notes:
[1]The budgeted amount includes the cost of after-market purchase of light bars, radios, sirens,
rear seat shields, etc. These additional items are not included in the bidprice.Staff anticipates
that the cost ofall after market price will approximately equal the $27,436.00 balance still
remaining for the fourpatrol cars.
[2]This vehicle is added to the fleet with FY 12-13budgetand funded from Fund034–
Emergency Services District Fund. All other vehicles are funded from Fund 009 –Vehicle
Replacement Fund.
[3] Staffrequested price for both a ¾-ton and 1-ton option. The 1-ton option is better able to
pull the small excavators often utilized by the utility divisions. For the $600 cost to upgrade,
staff is proposing to purchase the 1-ton option.
Action Required by Council:
Staff requests City Council award of the Lowest and Best bids and in the amount bid as follows:
Bid Item 1 to McRae Ford, Inc.,
Bid Item 2 to Grapevine Dodge, Chrysler, Jeep,
Bid Items 3 and 6 to Dallas Dodge
Bid Item 4 to Reliable Chevrolet,
Bid Item5to Randall Reed’s Prestige Ford(1-ton option).
Approved for City Council Agenda
Corby D. Alexander,City ManagerDate
Vendor List
Bid #13003 –Vehicles
ALLEN SAMUEL CHEVROLETBAYER MOTOR CO. INC.
7000 SW FWY218 E Grand
Houston, TX 77074Comanche, TX 76442
Attn: Ken VickersAttn: Marty Roberts
Off: 281-754-7000Off: 800-968-1877
Fax: 713-773-2982Fax: 325-356-2647
kvickers@asag.netmarty.roberts@bayermotor.com
KNAPP CHEVROLETFRIENDLY FORD
815 Houston Avenue2425 Hwy 90
Houston, TX 77007PO BOX 1527
Attn: Bob FlandersCrosby, TX 77532
Off: 713-228-4311Attn: Toney Rickman
Fax: 713-331-3024Off: 281-328-9555
bflanders@knappchevy.comFax: 281-462-3228
Email: easymoney539@aol.com
MCREE FORD
POBox 577
PHILPOTT MOTORS LTD.
Dickinson, TX 77539
1400 US Hwy 69 North
Attn: Denny Stephens
Nederland, TX 77627
Off: 281-337-1529
Attn: Richard Hyder
Fax: 281-337-4024
Off: 888-973-5338
dstephens@mcreeford.com
Fax: 409-724-0934
richard.hyder@philpottmotors.com
TOMMIE VAUGHN FORD
1145 North Shepherd
LONESTAR DODGE
Houston, TX 77008
13663 IH-10 West
Attn: Gary Jacobs
San Antonio, TX 78249
Cell: 713-366-9983
Attn: Richard Edward
Off: 713-802-6645
Off: 210-249-7500
Fax: 713-869-5168
Fax: 210-249-7515
gjacobs@tommievaughn.com
redwards@lonestar-auto.com
Caldwell Automotive Partners, LLC
PO Box 27
Leif Johnson Ford
Caldwell, TX 77836
501 E Koenig
Attn: Avery Knapp
Austin, TX 78751
Off: 1-800-299-7283
Attn: Scott Webb
Fax: 979-567-3375
Ph: 512-697-0689
aknapp@caldwellcountry.com
Fax: 512-697-0689
swebb@leifjohnsonford.com
DALLAS DODGE
11550 Lyndon B. Johnson Fwy.
Holiday Cheverolet & Holiday Ford
Dallas, TX 75238-5242
1009 Hwy 82 West
Attn: Bert Stull
Whitesboro, TX 76273
Off: 214-327-9361
Attn: Rusty Adams
Toll: 866-837-0851
Ph: 903-564-1500
bstull@group1auto.com
Fax: 903-654-5625
rusty@holidaychevyford.com
Planet Dodge
18555 Hwy 59
Westway Ford
Humble, TX 77338
801 W Airport Fwy
Attn: Lana Gallatin
Irving, TX 75062
Off: 281-312-2362
Attn: Blake Rushing
Fax:
Ph: 972-659-2277
lgallatin@planetdodgetexas.com
Fax: 972-659-2303
brushing@vtaig.com
Gulfgate Dodge
7250 Gulf Freeway
Helfman Ford
Houston, TX 77017
12220 SW Frwy
Attn: Ray Massey
Stafford, TX 77477
Off: 713-454-6150
Attn: Bill Chrisman
Fax:
Ph: 281-274-7204
Email: rmassey@gulfgatedodge.com
Fax: 281-240-1821
bchrisman@helfmanford.com
Lone Star Chevrolet
Long Horn Car-Truck Rental Inc
8900 northwest Frwy
(Hub Vendor)
4812 North IH-35
Houston, TX 77065
Austin, TX 78751
Attn: Jim Finlay
Attn: Harry Mackey
Ph: 281-517-7033
Ph: 512-452-1773
Fax: 281-517-1924
Fax: 512-452-0211
Jim.finlay@lonestarchevrolet.com
hlmackey@swbell.net
Azure Dynamics
9 Forbes Rd.
Sam Pack’s Five Star Ford
Woburn, MA 01801
1635 IH 35E
Attn: Mike Elwood
Carrollton, TX 75006
Off: 781-932-9009
Attn: Alan Rosner
Fax: 781-932-9219
Ph: 888-835-3389
melwood@azuredynamics.com
Fax: 972-245-5278
bidtx@spford.com
Priority Public Safety
659 Martin Duke RD
Van Alstyne Tx, 75495
Attn: Halen Kirby
Ph: 903-482-9357
Fax:
Email:hkirby@prioritypublicsafety
Prime Vendor
4622 Cedar Ave
Wilmington NC, 28403
Attn: Katie Collier
Ph: 800-746-9554
Fax: 800-746-8307
Email: bids3@prime-vendor.com
SpringChrysler, Jeep, Dodge, Inc
21027 I-45 North
Spring Tx, 77388
Ph: 281-651-3600
Fax: 281-651-3845
Email: rbrown@springcjd.com
Grapevine Dodge Chrysler Jeep
2601 William D Tate
Grapevine Tx. 76051
Attn: Dennis Thomas
Ph: 817-410-7541
Fax: 817-410-7502
Email: dthomas@grapevinedcj.com
Classic Chevrolet –Sugarland
13115 Southwest Freeway
Sugarland Tx. 77478
Attn: Debbie Roberts
Ph: 281-491-9000 Dealership
Fax: 713-294-9728
Email: Droberts@classicchevysugarland.com
Versalift Southwest
1200 Texas Central Parkway
Waco TX. 76710
Attn: Steve Niles
Ph: 254 717-3523
Fax: 254-776-8025
Email: vsweat@yahoo.com
Cross Timbers Emergency Vehicles
PO Box 1234
Stephenville TX. 76401
Attn: Daniel Feemster
Ph: 254-459-1480
Email: danielctev@yahoo.com
Randall Reed’s Prestige Ford
3601 S. Shiloh RD
Garland TX. 75041
Attn: Admir Sarac
Ph: 972-864-6815
Email: admirs@prestigegarland.com
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested:December 10, 2012
Vehicle Replacement
Source of Funds: Fund (009)
Requested By:David Mick
Account Number: Various
Department:Public Works
Amount Budgeted:$ 176,236.00
Report: Resolution:Ordinance:
Amount Requested: $ 181,562.00
Exhibits:Bid Tabulation
Budgeted Item:YES
Exhibits: Bidders List
ExhibitsPg 6-8 from FY 12_13 Budget
SUMMARY & RECOMMENDATION
Sealed bids (#13006) were received on November 20, 2012for the purchase of two heavy trash
trucks.This was the second time this item had been bid. The first invitation for bids received
only 1 bid. Staff followed up with vendors and itwas discovered that one of the likely bidders
did not receive the notice. The equipment was re-bid without having to change specifications.
Both trucks were included in the approved FY 12-13,although,the lowest bid is $5,326 (3%)
over the budget estimate. Vehicles purchased so far in this budget year have generally been
running below budget and funding is available for this request. The bid tabulation and bidder
notification list is attached. The Lowest and Best bid in staff’s opinion:
BIDDERBID ITEMBIDBUDGETEDUSER
Houston Freightliner(two)30 CY Trash Body$181,562.00$176,236.00Solid W.
Other Considerations:
Public Works modified the heavy trash truck specification from 25 CY to 30 CY after IKE, and
the trucks are being upgraded accordingly as they are replaced.
Action Required by Council:
Consider approval or other action awarding Sealed Bid #13006 for thepurchaseoftwo 30 CY
heavy trash trucks toHouston Freightliner in the bid amount of $181,562.00.
Approved for City Council Agenda
Corby D. Alexander,City ManagerDate
Vendor List
Bid # 13006 Re –Bid 2 ½ Ton, Thirty (30) Cubic yard Trash Truck
Fleet Sales International Trucks of Houston
3640 West Chestnut Expressway8900 N Loop E.
Springfield Mi. 65802Houston Tx. 77029
Attn: Paul SpitzAttn: DavidCoffee
Ph: 417-862-9534Ph: 713-540-0208
Fax; 417-862-9534Fax: 713-673-4416
paulspitz@fleetsalesllc.comEmail: dcoffee@intltrucks.com
Porter Truck Sales
Houston Freightliners
135 McCarty
9550 North Loop East
Houston Tx. 77029
Houston Tx. 77029
Ph: 713-672-2400
Attn Mike McCarthy
Fax: 713-672-6790
Ph: 832-233-1099
Email: ralmanza@portertrk.com
Fax:713-672-9449
Email:mike.Mccarthy@strhouston.com
Added from Web
Spring Chrysler Jeep Dodge
Prime Vendor
21027 I –45 North
4622 Cedar Ave
Spring TX. 77388
Wilmington NC. 28403
Ph: 281-651-3600
Attn: Katie Collier
Fax: 281-651-3845
Ph: 800-746-9554
Email: rbrown@springcjd.com
Fax: 800-746-8307
Email: bids3@prime-vendor.com
Southwest International Trucks, Inc
Waste Systems Equipment, Inc
2401 East Pioneer Pkwy
PO Box 40878
Arlington TX. 76010
Houston TX. 77240
Attn: Tom Claiborne
Ph: 713-939-0200
Email: tom.claiborne@swit-tx.com
Email: wse1975@sbcglobal
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: December10, 2012
______N/A___________
Source of Funds:
Tim Tietjens
Requested By:
Account Number:______N/A__________
Department: Planning
Amount Budgeted: _____N/A___________
Report: ___Resolution: __Ordinance: _X__
Amount Requested: ____N/A__________
Budgeted Item: YES NO
Attachment:Area Map
Attachment: Zoning Ordinance Amendments
SUMMARY& RECOMMENDATION
At the request of Councilman Mosteit, staff analyzedanaccessory structure requirement of the
Zoning Ordinance to consider the possibility of allowing garages, livestock barns, storage, etc.
without a primary structure on the same tractwithin the large lot residentialdistrict.
The impetus for a potential revision resulted froma property owner in the Lomax area who, in
2011,subdivided and sold a portion ofproperty with a barn and kept the portion with the house.
The buyer of the barn propertydoes not want to build a house (primary structure) at this timebut
intends to use the property for personal use only. Theownersneeded power to be turned onfor this
accessory structure. The City’s Code of Ordinances currently prohibits accessory structures
without a primary structure on the property.
After reviewing a number of codes from the nearby cities and analyzing research by the Planning
Advisory Services (PAS) subsidiary of the American Planning Association, staff found that a
number of communities across the country do permit accessory structures without a principal
structure in agricultural districts or in residential districts where agriculture is the primary use of
the land. In our region, Pearlandallows aspecific exemption for accessory structures on lots with
no primary structure in their agricultural district and newly annexed or undeveloped lands.
Based on the research and prevailing conditions in the area, staff suggests that it shall be
permissible,with the provisionsthataccessory structures,barnsand/or livestockwithout a
primary structure are indeed personal, non commercial uses,ontracts one acre in size or larger
within the large lot district.
Planning and Zoning Commission, during their November 15, 2012, meeting held a public
hearing to receive citizen input and recommended City Council approvetheproposed zoning
ordinance amendmentsby right subject to the use being non-commercial.
_____________________________________________________________________________________
Action Required by Council:
1.Conduct a public hearing.
2.Consider approval or other action of Planning and Zoning Commission’s recommendation for
proposed regulations pertaining to Accessory Structures without Primary Structure/Use within the
large lot district.
_____________________________________________________________________________________
Approved for City Council Agenda
_________________________________________________________
Corby D. Alexander,City ManagerDate
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: December10, 2012
______N/A___________
Source of Funds:
Tim Tietjens
Requested By:
Account Number:______N/A__________
Department: Planning
Amount Budgeted: _____N/A___________
Report: ___Resolution: __Ordinance: _X__
Amount Requested: ____N/A__________
Budgeted Item: YES NO
Attachment:Area Map
Attachment: Zoning Ordinance Amendments
SUMMARY& RECOMMENDATION
At the request of Councilman Mosteit, staff analyzedanaccessory structure requirement of the
Zoning Ordinance to consider the possibility of allowing garages, livestock barns, storage, etc.
without a primary structure on the same tractwithin the large lot residentialdistrict.
The impetus for a potential revision resulted froma property owner in the Lomax area who, in
2011,subdivided and sold a portion ofproperty with a barn and kept the portion with the house.
The buyer of the barn propertydoes not want to build a house (primary structure) at this timebut
intends to use the property for personal use only. Theownersneeded power to be turned onfor this
accessory structure. The City’s Code of Ordinances currently prohibits accessory structures
without a primary structure on the property.
After reviewing a number of codes from the nearby cities and analyzing research by the Planning
Advisory Services (PAS) subsidiary of the American Planning Association, staff found that a
number of communities across the country do permit accessory structures without a principal
structure in agricultural districts or in residential districts where agriculture is the primary use of
the land. In our region, Pearlandallows aspecific exemption for accessory structures on lots with
no primary structure in their agricultural district and newly annexed or undeveloped lands.
Based on the research and prevailing conditions in the area, staff suggests that it shall be
permissible,with the provisionsthataccessory structures,barnsand/or livestockwithout a
primary structure are indeed personal, non commercial uses,ontracts one acre in size or larger
within the large lot district.
Planning and Zoning Commission, during their November 15, 2012, meeting held a public
hearing to receive citizen input and recommended City Council approvetheproposed zoning
ordinance amendmentsby right subject to the use being non-commercial.
_____________________________________________________________________________________
Action Required by Council:
1.Conduct a public hearing.
2.Consider approval or other action of Planning and Zoning Commission’s recommendation for
proposed regulations pertaining to Accessory Structures without Primary Structure/Use within the
large lot district.
_____________________________________________________________________________________
Approved for City Council Agenda
_________________________________________________________
Corby D. Alexander,City ManagerDate
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date RequestedDecember10, 2012Appropriation:
:
:Tim TietjensSource of Funds: N/A
Requested By
Planning Account Number:N/A
Department:
Report: __ __Resolution: _____Ordinance:_X___Amount Budgeted: N/A
Exhibits:Amount Requested:N/A
Ordinance
Aerial /Zoning Map
Budgeted Item:N/A
____________________________________________________________________________________________
SUMMARY & RECOMMENDATION
The Planning & Zoning Commission, during theirNovember15, 2012,meeting, held a public hearing to receive citizen
comments regarding Rezone Request #12-92000002. The applicant,M.D. Evans,seeksto have the propertyrezoned from
rd
Business Industrial (BI) to Light Industrial (LI)for proposed expansion of existing facility at 3000 North 23Street.
rd
This property (4.30 acres) is located one block east of Sens Road and west of North 23Street along North ‘C’ Street.
The applicanthas purchased this propertyfor proposedexpansion of existing facility.The proposed development sketch plan
rd
shows themain entrance along North 23Street, as existing, and expansionwould move westward through the
westof existing facilitiesinto the additionalproperty. The existing facility is currently zoned Light Industrial (LI) and property
forproposed expansion is zoned both Business Industrial (BI) and LightIndustrial (LI). Rezoning willconsolidate existing
and additionalproperties into one zoning classification (Light Industrial).
The property islocated in the vicinity of major commercial, engineering services, industrial contractor offices/facilities, and
institutional, i.e. public works, municipal court, and police departments. The nature of business operationsat the existing
facility is predominantly on-site services catered to plants, petro-chemical refineries, and other area industries. With the
continuous growth of the business and workforce, it is intended to increase the size of the facility to accommodate additional
parking, building, and storage area for equipment and company vehicles.
As the property consists of several lots, blocks, and tracts with split zoning, asingle zoning classification and ultimate platting
would be requiredfor development and expansion of this project. Thehighest use analysis presented by the applicant reveals
that the subject property would be better served by the proposed expansion, which would blend into an existing use of the
adjacent property.
As required by Ordinance, notices of the public hearing were mailed to nineproperty ownerswithin 200’ of the subject
site.Oneresponse was received in favor of the request.The Planning and Zoning Commission, by unanimous vote,
recommendsCity Council approveRezone Request #12-92000002.
Action Required by Council:
1.Conduct public hearing.
2.Consider taking action on a recommendation by the Planning and Zoning Commission to approve Rezone Request #12-
92000002,from BI to LI.
Approved for City Council Agenda
___________________________________________________________
Corby D. Alexander,City ManagerDate
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date RequestedDecember10, 2012Appropriation:
:
:Tim TietjensSource of Funds: N/A
Requested By
Planning Account Number:N/A
Department:
Report: __ __Resolution: _____Ordinance:_X___Amount Budgeted: N/A
Exhibits:Amount Requested:N/A
Ordinance
Aerial /Zoning Map
Budgeted Item:N/A
____________________________________________________________________________________________
SUMMARY & RECOMMENDATION
The Planning & Zoning Commission, during theirNovember15, 2012,meeting, held a public hearing to receive citizen
comments regarding Rezone Request #12-92000002. The applicant,M.D. Evans,seeksto have the propertyrezoned from
rd
Business Industrial (BI) to Light Industrial (LI)for proposed expansion of existing facility at 3000 North 23Street.
rd
This property (4.30 acres) is located one block east of Sens Road and west of North 23Street along North ‘C’ Street.
The applicanthas purchased this propertyfor proposedexpansion of existing facility.The proposed development sketch plan
rd
shows themain entrance along North 23Street, as existing, and expansionwould move westward through the
westof existing facilitiesinto the additionalproperty. The existing facility is currently zoned Light Industrial (LI) and property
forproposed expansion is zoned both Business Industrial (BI) and LightIndustrial (LI). Rezoning willconsolidate existing
and additionalproperties into one zoning classification (Light Industrial).
The property islocated in the vicinity of major commercial, engineering services, industrial contractor offices/facilities, and
institutional, i.e. public works, municipal court, and police departments. The nature of business operationsat the existing
facility is predominantly on-site services catered to plants, petro-chemical refineries, and other area industries. With the
continuous growth of the business and workforce, it is intended to increase the size of the facility to accommodate additional
parking, building, and storage area for equipment and company vehicles.
As the property consists of several lots, blocks, and tracts with split zoning, asingle zoning classification and ultimate platting
would be requiredfor development and expansion of this project. Thehighest use analysis presented by the applicant reveals
that the subject property would be better served by the proposed expansion, which would blend into an existing use of the
adjacent property.
As required by Ordinance, notices of the public hearing were mailed to nineproperty ownerswithin 200’ of the subject
site.Oneresponse was received in favor of the request.The Planning and Zoning Commission, by unanimous vote,
recommendsCity Council approveRezone Request #12-92000002.
Action Required by Council:
1.Conduct public hearing.
2.Consider taking action on a recommendation by the Planning and Zoning Commission to approve Rezone Request #12-
92000002,from BI to LI.
Approved for City Council Agenda
___________________________________________________________
Corby D. Alexander,City ManagerDate
REQUEST FOR CITY COUNCIL AGENDA ITEM
December10, 2012Appropriation:
Agenda Date Requested:
:Tim TietjensSource of Funds: N/A
Requested By
Department:Planning Account Number:N/A
Report: __ __Resolution: _____Ordinance: _X___Amount Budgeted: N/A
Exhibits:Amount Requested:N/A
Ordinance
Aerial /Zoning MapBudgeted Item:N/A
____________________________________________________________________________________
SUMMARY & RECOMMENDATION
The Planning & Zoning Commission, during theirNovember15, 2012,meeting, held a public hearing to
receive citizen comments regarding Rezone Request #12-92000003. The applicant,Donald Giffin., seeks
to have the propertyrezoned from Low-Density Residential(R-1)to General Commercial(GC). The
property is located at 3122Underwood Road.
The applicant owns Lots 170thru172, Block 10, Spenwick Place, Section 2.Theradiator shopis located on
lot 170, addressed as 3122Underwood Roadand lots 171&172 are undeveloped frontingAndricks Road.
The radiatorshop is zoned residential, but has beenin operationprior to annexation.Under the current
ordinanceprovisions,the use may beallowed to continue until it isabandoned.
The propertyin question is within the vicinity of major commercial usesatthe intersection of Spencer
Highway and Underwood Road.The City’s Land Use Map shows underlying land uses as residential.The
applicant’ssketchplan showsthat he would tear down the existing shop and rebuild a newfacility with
bays and additional space that would meet current design standards. The subject tract would be developed
so as to mitigate incompatibilities with adjacent residential uses. There will be no additionaldriveway along
Andricks Road and main access will remain along Underwood Road. Landscaping & screening techniques
shall be enforced during site development for buffering residential properties to the west and south. In
addition, public utilities would not be affected with the new development. Furthermore, azone change will
eliminate the degreeof nonconformitythat exists today.
As required by Ordinance, notices of the public hearing were mailed to twelveproperty ownerswithin
200’ of the subject site.Oneresponse was received in favor of the request.The Planning and Zoning
Commission, by unanimous vote, recommendsCity Council approveRezone Request #12-92000003.
Action Required by Council:
1.Conduct public hearing.
2.Consider taking action on a recommendation by the Planning and Zoning Commission to approve
Rezone Request#12-92000003,rezoning the referenced property from R-1to GC.
Approved for City Council Agenda
___________________________________________________________
Corby D. Alexander,City ManagerDate
REQUEST FOR CITY COUNCIL AGENDA ITEM
December10, 2012Appropriation:
Agenda Date Requested:
:Tim TietjensSource of Funds: N/A
Requested By
Department:Planning Account Number:N/A
Report: __ __Resolution: _____Ordinance: _X___Amount Budgeted: N/A
Exhibits:Amount Requested:N/A
Ordinance
Aerial /Zoning MapBudgeted Item:N/A
____________________________________________________________________________________
SUMMARY & RECOMMENDATION
The Planning & Zoning Commission, during theirNovember15, 2012,meeting, held a public hearing to
receive citizen comments regarding Rezone Request #12-92000003. The applicant,Donald Giffin., seeks
to have the propertyrezoned from Low-Density Residential(R-1)to General Commercial(GC). The
property is located at 3122Underwood Road.
The applicant owns Lots 170thru172, Block 10, Spenwick Place, Section 2.Theradiator shopis located on
lot 170, addressed as 3122Underwood Roadand lots 171&172 are undeveloped frontingAndricks Road.
The radiatorshop is zoned residential, but has beenin operationprior to annexation.Under the current
ordinanceprovisions,the use may beallowed to continue until it isabandoned.
The propertyin question is within the vicinity of major commercial usesatthe intersection of Spencer
Highway and Underwood Road.The City’s Land Use Map shows underlying land uses as residential.The
applicant’ssketchplan showsthat he would tear down the existing shop and rebuild a newfacility with
bays and additional space that would meet current design standards. The subject tract would be developed
so as to mitigate incompatibilities with adjacent residential uses. There will be no additionaldriveway along
Andricks Road and main access will remain along Underwood Road. Landscaping & screening techniques
shall be enforced during site development for buffering residential properties to the west and south. In
addition, public utilities would not be affected with the new development. Furthermore, azone change will
eliminate the degreeof nonconformitythat exists today.
As required by Ordinance, notices of the public hearing were mailed to twelveproperty ownerswithin
200’ of the subject site.Oneresponse was received in favor of the request.The Planning and Zoning
Commission, by unanimous vote, recommendsCity Council approveRezone Request #12-92000003.
Action Required by Council:
1.Conduct public hearing.
2.Consider taking action on a recommendation by the Planning and Zoning Commission to approve
Rezone Request#12-92000003,rezoning the referenced property from R-1to GC.
Approved for City Council Agenda
___________________________________________________________
Corby D. Alexander,City ManagerDate
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: December10, 2012
____________________
Source of Funds:
Tim Tietjens
Requested By:
Account Number:____________________
Department: Planning
Amount Budgeted: ________________
Report: ___Resolution: __Ordinance: _X__
Amount Requested: _______________
Budgeted Item: YES NO
Exhibits:Adoption Ordinance
Proposed Revitalization Area
SUMMARY& RECOMMENDATION
The Planning and Zoning Commission, at the September 20, 2012, regular meeting, held a public
hearing to receive citizen input on the Final Draft Plan, and recommendedCity Council to adopt
the La Porte Comprehensive Plan Update 2012.
City Council received presentation of the Final Draft Comprehensive Plan Update
Chapters 1-3 and 4-6 during City Council meetings on October 22, 2012 and November
12, 2012 respectively.
City Council, at the October 22, 2012, meeting, also directed staff to begin working with
the developer to undertake necessary steps to process a proposed multi-family
development to be known as Mariposa at Pecan Park.
At the November 15, 2012, meeting, Planning and Zoning Commission directed staff to
develop arecommendation to City Council to amendMap 2.1, revitalization areas,
Comprehensive Plan Update, with an addition to therevitalization area to include the
proposed Mariposa apartment projectfor senior adults.
At this time, staff is seeking a formal ordinanceapprovalfrom Council to adopt the update to the
City’s Comprehensive Plan 2030, with the recommendedchange to the boundary line ofthe
revitalizationarea.
_____________________________________________________________________________________________
Action Required by Council:
Consider approval or other action of an Ordinance to adopt the La Porte Comprehensive
1.
Plan Update, to include an amendment to the previously reviewed draft of the
revitalization
area map.
______________________________________________________________________________
Approved for City Council Agenda
___________________________________________________________
Corby D. Alexander,City ManagerDate
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested:December10,2012
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:
Revitalization Plan Letter of Supportand Map
Budgeted Item:YES ___ NO ___
SUMMARY & RECOMMENDATION
During the October 22, 2012 meeting of City Council public testimony regarding the proposed
apartment project of senior adults called Mariposa at Pecan Park was heard from the developer,
Stuart Shaw of Bonner Carrington. Council directed staff to assist the developer with the
submittal.
Based upon that directive, the Planning and Zoning Commission, at the regular meeting
November 15, 2012, directed staff to develop arecommendationto City Council to amend Map
2.1,redevelopment/revitalization areas within the draftComprehensive Plan2030, to include
undeveloped property for the proposed Mariposa at Pecan Park apartment project for senior
adultsalong Canada Road.
Last month, Citystaff met with the Texas Department of Housing and Community Affairs
(TDHCA) to discuss a road map for what needs to be done by the City to help developers
obtained necessary points towards this development. TDHCA acknowledged that the
Comprehensive Plan Update meets some of the requirements of the Qualified Allocation Plan
(QAP) ifadopted before the pre-application deadline(January 08, 2013)becauseit addresses
appropriate factors for developing a revitalization plan, and it includes a specific target area.
In order to receive maximum allowed points under the 2013 QAP for being located in a targeted
revitalization area of the City, the developers are seeking a letter of support from the City. Draft
language is attached herewith.
Action Required byCouncil:
Consider approval or other action authorizingthe City Manager or his designee to send a letter of
support for the proposed Mariposa at Pecan Park apartment project for senior adults along Canada
Road.
Approved for City Council Agenda
Corby D. Alexander, City ManagerDate
December 10,2012
Jean Latsha
Texas Department of Housing & Community Affairs
221 East 11th Street
Austin, Texas 78701
RE: Revitalization Zone Serving the Proposed Mariposa Apartment Homes at Pecan Park
Dear Ms. Latsha,
I am writing you on behalf of the City of La Porte (the “City”) regarding points awarded for Community
Revitalization Plans (“CRP”) in the 2013 Housing Tax Credit Application Round. Pursuant to our
discussionsin meetings you have had with myself and our Assistant City Manager, we assert the City
meets the revitalization point scoring test,in part, required by TDHCA is its Qualified Allocation Plan
(“QAP”) for the above referenced site.Accordingly, the City requeststhe Texas Department of Housing
and Community Affairs (“TDHCA”) award Mariposa Apartment Homes at Pecan Park (“MPP”) the
maximum allowed points in which MPP would be eligible under the 2013 QAP for being located in a
targeted revitalization area of the City.In addition the City would like to allocate the two discretionary
points available under section 6(A)(ii)(III), Community Revitalization Plan, to MPP.
The City recently adopted the 2030 Comprehensive Plan (the “Plan”) that includes, among other things,
specific areas targeted for revitalization. The proposed MPP community, affordable housing for seniors
aged 55 and older, is a use that is consistent with the Plan and is located in oneof the areas targeted
for revitalization by the Plan (see attached map). The Cityleadership, staff, and consultants have spent
a great deal of time, effort and resources reviewing data, listening to public input and creating a
strategy represented in the Plan. We anticipatethat the Plan, with minor modifications from time to
time, will be a valuable guide and resource as the City navigates the next 20 to30years.
The Plan has a number of goals including, but not limited to, encouraging revitalization of targeted
areas and providing affordable housing for seniors. The Plan takes into consideration a number of the
TDHCA required elements for CRPpoints, and while itmay or maynot fulfill allof the required factors,
the Plan is a meaningful and substantial plan and planning document for the City. The Plan
encourages the City to create revitalization plans for targeted areas and the City intends to create a
meaningful revitalization plan that meets TDHCA CRP requirements where MPP is located. While the
Plan is comprehensive and directly addresses revitalization, the short time frame between the adoption
of the QAP and the CRP delivery date (Pre-Application submission in January 2013) does not allow for
enough time to finalize the City’s CRP.
The City supports the proposed MPP community and intends to create and implement a TDHCA
compliant CRP inthe near future. The City’s CRP adoption process will, much like thecurrent Plan,
take public comment into consideration, follow an appropriate public comment processes and endeavor
to commence revitalization activity in a timely manner. In addition, the City does not have reason to
believe that the overall funding for or the full and timely implementation of the plan will be unavailable.
The City has not developed a budget for the subject revitalization zone, but anticipates that the
projected economic value of subsequent development resulting from the MPP project withinthe CRP
efforts will exceed $6,000,000,
The City has met with TDHCA staff to assurethe existing revitalization efforts of the City agree with the
rules set forth by the TDHCA. Without questionthe City’s revitalization efforts currently underway are
impactful and meaningfulto the citizens of La Porte and to the Cityat large.Accordingly, the City
requests the TDHCA authorize pre-clearance and/or a waiver of the rules for the City of La Porte’s Plan
andCRPefforts so that the MPP application can achieve the maximum allowed points under the 2013
QAP.
If you have any questions please contact meat (281) 470-5056.
Thank you for your consideration.
Sincerely,
Tim Tietjens
Planning Director
Attachments:Targeted Revitalization Area Map from the Comprehensive Plan
2030 Comprehensive Plan
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested December 10, 2012
Source of Funds:
Requested ByPatrice Fogarty
Account Number:
Department:City Secretary
Amount Budgeted:
ReportResolution:Ordinance:
Amount Requested:
Exhibits: Draft Charter with proposed amendments
Budgeted Item:YESNO
Exhibits:
SUMMARY & RECOMMENDATION
Earlier this year City Council determined the need toreview the City Charter. ACitizens’ Charter
Review Advisory Commission was created with the following appointed members: Chairman Chuck
Harrington;Vice Chairman David Brady; Commission Members Nancy Lotze,Nancy Ojeda, Paul
Feazelle, Mark Follis, Stan Sherwood, Nolan Allen and Tim Cowart.
Seven meetings were held from July through November. Every article and section of the City’s Charter
was reviewed and discussed. Input was gathered from several City departments, and the City Secretary
served as staff liaison. Assistant City Attorney Clark Askins provided legal support.
The Commission is honored to present Council with this draft Charter and proposed amendments.
Council may determine the need to hold additional workshops, and Chairman Harrington and other
members of the Commission have indicated their willingness to work with Council in this regard.
Action Required by Council:
1.Receive draft Charter with proposed amendments and determine whether additional workshop
dates should be set.
2.If Council does not desire to set additional workshop dates, determine whether to direct staff to
draft ballot language for a special election to be held in May 2013,to bring forward proposed
Charter amendments to the qualified voters in the City of La Porte.
Approved for City Council Agenda
Corby D. Alexander, City ManagerDate
PART I -CHARTER
CHARTER COMPARATIVE TABLE
[1]
PART I -CHARTER
(1)
Editor's note—
Printed herein is the Charter of the City of La Porte, Texas, as adopted by ordinance number
1216, § 1 on May 21, 1980, and adopted by referendum on August 9, 1980. Amendments to the Charter are
indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that
the provision remains unchanged from the original Charter. Obvious misspellings have been corrected without
notation. For stylistic purposes, a uniform system of headings, catchlines and citations to state statutes has been
used. Additions made for clarity are indicated by brackets.
ARTICLE I. -INCORPORATION; CITY POWERS
ARTICLE II. -CITY COUNCIL
ARTICLE III. -ADMINISTRATION
ARTICLE IV. -BUDGET
ARTICLE V. -FINANCE ADMINISTRATION
ARTICLE VI.-INITIATIVE, REFERENDUM AND RECALL
ARTICLE VII. -FRANCHISES AND PUBLIC UTILITIES
ARTICLE VIII. -GENERAL PROVISIONS
CHARTER COMPARATIVE TABLE
(1)
State Law reference—
Home Rule, V.T.C.A., Local Government Code § 9.001 et seq. (Back)
ARTICLE I. -INCORPORATION; CITY POWERS
1.01. -Incorporation.
1.02. -City boundaries.
1.03. -Modification of city boundaries.
1.04. -Form of government.
1.05. -Powers of the city.
1.06. -Special provisions for damage suits.
1.01. -Incorporation.
The inhabitants of the City of La Porte within the boundaries as now established or as hereafter
established in the manner provided by law shall continue to be a body politic and corporate and be known
by the name of the City of La Porte.
1.02. -City boundaries.
The boundaries and limits of the city shall be the same as have heretofore been established and now
exist, which boundaries and limits were originally shown on the map recorded in Volume 8, Page 16, Map
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Records of Harris County, Texas, and as modified by subsequent annexations and disannexations.
State law reference—
Map of municipal boundaries, V.T.C.A., Local Government Code § 41.001.
1.03. -Modification of city boundaries.
The city council shall have power by ordinance to fix the boundary limits of the city and to provide by
ordinance for the extension of said boundary limits, by the annexation of additional territory lying adjacent
to the city, the disannexation of territory within the city and the exchange of territory with other cities and
towns, all with or without the consent of the inhabitants in such territory or the owners thereof; provided
that the foregoing powers shall be exercised by the council in a manner consistent with, and the council
shall comply with, the procedural rules,requirements and limitations prescribed by any law applicable to
cities operating under charters adopted or amended pursuant to Article XI, Section 5 of the Constitution of
the State of Texas, otherwise known as home rule cities, including Revised Civil Service Statutes of
Texas Article 907a (Municipal Annexation Act)V.T.C.A., Local Government Code §§ 42.001et seq., §§
43.001 et seq.(Municipal Annexation Act).
The following methods of annexation may be used:
(a)Petition.The residents of any land contiguous and adjacent to the city may request the
annexation of such land. Such request shall be made by a petition in writing which is signed by a
majority of the residents of such land, addressed to city council and filed with the city secretary.
Within thirty (30) days of the filing of such petition,City council shall hear the petition and any
arguments for or against it and shall accept or refuse the petition as council sees fit, as prescribed
by state law.If the petitionis accepted, council shall by proper ordinance annex such land.
(b)Otherwise.The city may annex territory by use of any of the means provided in Revised Civil
Statutes of Texas Article 907a (Municipal Annexation Act)V.T.C.A., Local Government Code §
43.021 et seq. (Municipal Annexation Act).
State law reference—
Annexations, V.T.C.A., Local Government Code § 43.021 et seq.
1.04. -Form of government.
The governing body of the city shall be a council composed of the mayor and eight (8) councilpersons, to
be known as the city council of the City of La Porte, hereinafter called city council. The members of city
council shall be elected from the city in the manner prescribed elsewhere in this Charter.
State law reference—
Form of government in home rule cities, V.T.C.A., Local Government Code § 26.001 et seq.
1.05. -Powers of the city.
a.Generally.The city shall have all the powers granted to municipal corporations and to cities by the
Constitution and laws of the State of Texas together with all the implied powers necessary to carry into
execution the powers granted. The city may acquire property within or without its corporate limits for any
city purpose in fee-simple title or any lesser interest or estate by purchase, gift, devise, lease or
condemnation and may sell, lease, exchange, mortgage, hold, manage and control such property as its
interest may require; and, except as prohibited by the Constitution of this state or restricted by the
Charter, the city may exercise all municipal powers, functions, rights, privileges and immunities of every
name and nature whatsoever. The city may use a corporate seal; may sue and be sued; may contract;
may implead and be impleaded in all courts concerning all matters; may cooperate with the government
of the United States and of the State of Texas or any agency or political subdivision thereof to accomplish
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any lawful purpose; and may pass such ordinances as may be expedient for maintaining the city's peace
and welfare and for the performance of its functions.
b.Enumerated powers.Without limitation of the foregoing powers, the following are enumerated for
greater certainty:
1.Eminent domain.The city shall have the full power and right to exercise the power of eminent
domain when necessary or desirable to carry out any of the powers conferred upon it by this Charter
or by the Constitution and laws of the State of Texas. This power shall include the power to acquire
any public utility operating with or without a franchise and furnishing a public service. The city may
exercise its condemnation power in any manner authorized or permitted by the constitution andlaws
of this state. The power of eminent domain hereby conferred shall include the right of the city to take
fee-simple title in land so condemned and such power and authority shall include the right to
condemn property for such purposes. The city shall have and possess the power of condemnation
for any municipal or public purposes even though not specifically enumerated in this Charter.
2.Streets.
(a)Powers.The city shall have the power to lay out, establish, open, alter, widen, lower,
extend, grade,abandon, discontinue, abolish, close, care for, pave, supervise, maintain and
improve streets, alleys, sidewalks, parks, squares, public places and bridges; and regulate the
use thereof and require the removal from streets, sidewalks, alleys and other public property or
places of all obstructions and all vendors, showcases and encroachments of every nature or
character upon any of said streets and sidewalks.
(b)Improvements.The city shall have exclusive dominion, control and jurisdiction in, upon
and over and under the public streets, avenues, alleys and highways of the city, and may
provide for the improvement thereof of paving, repaving, raising, draining or otherwise. The
provisions ofRevised Civil Statutes of Texas Article 1105bV.T.C.A., Transportation Code §
313.001,et seq.,are expressly adopted and made a part of this Charter. Such exclusive
dominion, control and jurisdiction in, upon, over and under the public streets, avenues, alleys
and highways of the city shall also include, but not be limited to, the right to regulate, locate,
relocate, remove, or prohibit the location of all utility pipes, lines, wires or other property.
3.Sanitary sewer system.The city shall have the power to provide for a sanitary sewer system
and to require property owners to connect their premises with such sewer system, to provide for
fixing penalties for failure to make sanitary sewer connections; and shall further have the right to fix
charges and compensation to be charged by the city for sewerage service, providing rules and
regulations for the collection thereof, and to provide for rendering a lien against any property owner's
premises who fails or refuses to make sanitary sewer connections after due notice and to charge a
cost against said owner and make it a personal liability.
4.Garbage disposal.City council shall by ordinance adopt and prescribe rules and regulations for
the handling and disposition of all garbage, trash and rubbish within the city and shall fix charges
and compensation to be charged by the city for the removal of garbage, trash and rubbish, providing
rules and regulations of the collection thereof.
5.Nuisances, etc.The city shall have the powerto define all nuisances and prohibit the same
within the city and outside the city limits for a distance of five thousand (5,000) feet; have power to
police all parks or grounds, speedways, or boulevards owned by said city and lying outside of said
city, to prohibit the pollution of any stream, drain or tributaries thereof, which may constitute the
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source of water supply of any city and to provide for policing the same as well as to provide for the
protection of any watersheds and the policing of same, to inspect dairies, slaughter pens, and
slaughterhouses inside and outside the limits of the city, from which meat or milk is furnished to the
inhabitants of the city.
c.General powers adopted.The enumeration of the particular powers in this Charter shall not be held
or deemed to be exclusive but in addition to the powers enumerated herein or implied hereby or
appropriate to the exercise of such powers; the city shall have and may exercise all power of local
self-government and all other powers which, underthe Constitution and laws of the State of Texas, it
would be competent for this Charter specifically to enumerate. The city shall have and may exercise all
the powers enumerated in V.T.C.A., Health and Safety Code § 122.006; V.T.C.A., Local Government
Code §§ 26.021, 26.041, 43.021, 43.142, 51.072, 51.074—51.077, 54.004, 101.022, 101.023, 141.044,
211.003, 211.005, 211.013, 214.001, 214.013, 214.901, 215.072—215.075, 216.901, 217.042, 251.001,
341.003, 341.903, 342.011, 342.012, 401.002, 402.002, 402.017; V.T.C.A., Tax Code §§ 302.001,
302.002, 302.102; V.T.C.A., Transportation Code §§ 311.001, 311.004, 311.005, 311.007,
311.091—311.094, 311.904; and Vernon's Ann. Civ. St. art. 1175.
1.06. -Special provisions for damage suits.
Before the city shall be liable to damage claim or suit for personal injury or death or damage to property,
the person who is injured or whose property is damaged or someone in his behalf or his personal
representative in cases of death shall give the city secretary notice in writing within thirty (30)one
hundred eighty (180)days after the occurring of the alleged injury, death or damage stating specifically in
such notice when, where and how the injury, death or damage was sustained and setting forth the extent
of the injury or damage as accurately as possible, and giving thenames and addresses of all witnesses
upon whose testimony such person is relying to establish the injury, death or damage. No action at law for
damage shall be brought against the city for personal injury, death or damage to property prior to the
expiration of sixty (60) days after the notice hereinabove described has been filed with the city secretary.
After the expiration of sixty (60) days aforementioned, the complainant may then have two (2) years in
which to bring an action of law.
State law reference—
Tort claims, notice, V.T.C.A., Civil Practices and Remedies Code § 101.101.
[2]
ARTICLE II. -CITY COUNCIL
(2)
State Law reference—
Form of government, V.T.C.A., Local Government Code § 26.001 et seq.
2.01. -Composition of city council.
2.02. -Qualifications.
2.03. -Conduct of elections.
2.04. -Vacancies in city council.
2.05. -Compensation.
2.06. -Original meeting of new council.
2.07. -Meetings.
2.08. -Duties of mayor.
2.09. -Powers of council.
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2.10. -Additional discretionary powers.
2.11. -Ordinances.
2.01. -Composition of city council.
a.Members of council.City council shall be composed of a mayor and eight (8) councilpersons. The
positions of councilpersons shall be designated as follows:
Councilperson—District 1
Councilperson—District 2
Councilperson—District 3
Councilperson—District 4
Councilperson—District 5
Councilperson—District 6
Councilperson-at-large—Position A
Councilperson-at-large—Position B.
The mayor and the two (2) councilpersons-at-large shall be elected by a majority vote of the city at large.
The city shall be divided, as described below in subsection b, into six (6) districts, Districts 1, 2, 3, 4, 5 and
6, and one councilperson shall be elected from each district by majority vote of the resident qualified
voters of such district.
b.Formation of districts.City council shall divide the city into six (6) districts which are reasonably
compact, contiguous and of as nearly equal population as practicable.
It shall be the duty of city council to establish the boundaries of six (6) districts covering the entire city for
the purpose of electing district councilpersons. Such boundaries shall be established by ordinance, which
shall be final for purposes of thisCharter. The first such establishment shall be made as soon as
practicable prior to the first city election following adoption of this section. Any subsequent establishment
shall be made when required by this Charter.
Promptly following the addition of territory to the city by a boundary change, the city council shall, by
ordinance, add such territory to an adjacent district or districts.
Immediately following publication of the 1980 federal census, and at least every five (5) years thereafter,
Following the publication of the decennial federal census,city council shall conduct an investigation and
determine the population of the city and the population of each of the districts from which district
councilpersons are tobe elected. Each such determination shall be based upon the best available data,
including, but not limited to, the most recent federal census. Each such determination shall be expressed
in an ordinance, which shall be a final determination for purposes of this Charter.
After any such determination, if the distribution of population among the various districts is determined by
city council to be materially unbalanced, the city council shall establish new boundaries for the election of
district councilpersons.
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c.Election.All candidates for city council shall be voted on and elected separately for positions and
districts on said city council, and each candidate shall be designated on the official ballot according to the
title of such position or district to which he seeks election.
Any candidate for office receiving a majority of all the votes cast for the office for which he is a candidate
shall be elected to such office. Candidates in a runoff election are the candidates who receive the highest
and second highest number of votes in the main election or who tie for the highest number of votes.In the
event any candidate for any office fails to receive a majority of allvotes cast for all the candidates for such
office, the city council shall call a run-off election to be held not less than twenty-one (21) days nor more
than thirty (30) days after the regular election,in accordance with state law.Tie votes shall be resolved
in accordance with state law.atwhich run-off election the two (2) candidates receiving the highest
number of votes shall be voted for again. In the event of a tie in the vote for the two (2) leading
candidates, at the regular election, the city council shall hold a second election not less than twenty-one
(21) days nor more than thirty (30) days after the regular election, at which said second election the
candidates receiving such tie votes shall be voted for again.
d.Term of office.The mayor and councilpersons shall each hold theirrespective offices for a term of
three (3) years and until their successors shall have been elected and duly qualified.
2.02. -Qualifications.
a.Enumerated.The mayor and councilpersons shall be resident electorshave been qualified votersof
the cityfor 12 monthsat the time of filing for office, and continuously during their termsof office. A
district councilperson shall also be a resident of his district for the previous twelve (12) monthsat the time
of filing for office and continuously during his term of office.
b.Council to be judge of members' qualifications.City council shall be the judge of the election and
qualifications of its members and for such purpose shall have power to subpoena witnesses and require
the production of records, but the decision of council in any such case shall be subject to review bythe
courts.
2.03. -Conduct of elections.
a.Regulations.All city elections shall be governed by the laws of the State of Texas. In the event there
should be any failure of the general laws or this Charter to provide for some feature of the city elections,
city council shall have the power to provide for such deficiency, making all regulations it considers
desirable, not inconsistent with the laws of the State of Texas, for the prevention of fraud in such elections
and for the recount of ballots in caseof doubt or fraud.
Municipal elections shall be conducted by the appointed election authorities, who shall also have power
to make such regulations not inconsistent with this Charter, with any regulations made by council or the
laws of the State of Texas.
No informalities in conducting a city election shall invalidate the same, if it be conducted fairly and in
substantial compliance with the general laws, where applicable, and the Charter and ordinances of the
city.
b.Schedule.
1.Regular election.The regular election for choice of members of council shall be held annually
onthe first Saturday of Maya uniform election date as determined by state lawand as ordered by
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city council.
2.Special election.Council may by ordinance or resolution order a special election,fix the time
for holding sameand provide necessary meansin accordance with state law.
Editor's note—
The election date in the city is the first Saturday in May pursuant to V.T.C.A., Election Code § 41.001.
State law reference—
Uniformelection dates, V.T.C.A., Election Code § 41.001.
2.04. -Vacancies in city council.
a.Candidacy elsewhere.If the mayor or any councilperson shall announce his candidacy, or shall in
fact become a candidate, in any general, special or primary electionfor any office of profit or trust under
this Charter or the laws of Texas or the United States, other than the office he has held, at any time when
theunexpired term of the office then held shall exceed one yearand thirty (30) days, such announcement
or such candidacy shall constitute an automatic resignation of the office then held.
b.Procedure.When a vacancy occurs for any reason in the office of mayor or councilperson, council
shall call a special election within one hundred twenty (120) days. At said election the vacant office or
offices shall be filled under the provisions of this Charter.
c.Filing for office.Each candidate for public office must:
1.Have been a resident of the City of La Porte for at least twelve (12) months immediately
preceding filing for office, and bBe a qualified voter in the city.
2.File sworn application with the city secretaryat least thirty (30) days prior to the election datein
accordance with state law.
3.Post the required filing fee:
For mayor: Not to exceed the sum of one hundred dollars ($100.00).
For councilperson: Not to exceed the sum of fifty dollars ($50.00).
The filing fees shall be used to defray the cost of the election and said fee shall be prorated and
any surplus shall be refunded to said candidates.
In lieu of posting such fee, a candidate may submit a petition requesting that his name be
placed on the ballot. Said petition shall bear a number of signatures of qualified electors who
are residents of the city, which number shall not be less than five (5) percent of the total vote
cast at the most recent regular election in which a councilperson was elected or fifty (50),
whichever is the lesser number. Each signer shall indicate his address and the number and
county of his voter registration certificate.
43.File for only one city office.
d.Official ballots.Official ballots shall be prepared in accordance with state law.The full names of all
candidates for mayor or council as hereinbefore provided, except such as may have withdrawn, died or
become ineligible, shall be printed on the official ballots without party designations. If two (2) candidates
with the same surnames, or with names so similar as to be likely to cause confusion, file for office, their
occupations or the addresses of their places of residence shall be placed with their names on the ballots.
The order of the names on the ballotshall be determined by lot.
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e.Canvassing elections.Election returns shall be canvassed in accordance with state law.Returns of
the elections, general and special, shall be made by the election officers to council promptly following
said election, at which time council shall canvass and declare the results of such election.
2.05. -Compensation.
Each councilperson and the mayor shall receive for his services a salary in an amount determined by the
council, not to exceed the sum of twenty-four hundred dollars ($2,400.00)forty-eighthundred dollars
($4,800.00) per year for the mayor, and twenty-four hundred dollars ($2,400.00)twelve hundred dollars
($1,200.00)per year for each councilperson.
2.06. –Original meeting of new council.First meeting of council after canvass.
On the first Monday next following the regular municipal election held on the first Saturday of May,
canvassing of an election,or as soon thereafter as practicable, city council shall meet at the usual place
for holding meetings, and the newly elected members shall qualify and assume the duties of office. At
such meeting council shall select one of its members to serve as mayor pro tem, who shall serve for a one
year term and until his successor is appointed and has qualified.
Editor's note—
The election date in the city is the first Saturday in May pursuant to V.T.C.A., Election Code § 41.001.
2.07. -Meetings.
a.Frequency.City council shall meet regularly at such times as may be prescribed by its rules but not
less frequently than once each month. All meetings of council shall be open to the publicexcept as
allowed by state law; special meetings shall be called by the city secretary upon request of the mayor or
three (3) councilpersons.
b.Rules.City council shall determine its own rules and order of business.
c.Journal.City council shall keep a journal of its proceedings. Such journal shall be open to public
inspection.Minutes. Minutes of all open meetings of the council shall be recorded as a public record.
State law reference—
Public meetings, V.T.C.A., Government Code § 551.001 et seq.
2.08. –Duties of mayor.Duties of Mayor and Mayor Pro Tem.
The mayor shall preside at meetings of council and shall be entitled to vote upon all matters it considers.
The mayor shall exercise such other powers and perform such other duties as are or may be conferred
and imposed upon him by this Charter and the ordinances of the city. He shall be recognized as the head
of the city government for all ceremonial purposes, by the courts for civil process, and by the government
for purposes of military law. In times of public danger or emergency, the mayor shall take command of the
police, maintain order and enforce the law. If a vacancy occurs in the office of mayor or in the case of his
absence or disability, the mayor pro tem shall act as mayor until a successor is elected and has qualified
or until the mayor is againable to assume his duties of office.
A mayor pro tem shall be a council member and be elected by the council at the first meeting of council
after canvassing the general and any run-off election, who shall serve for a one-year term or until his
successoris appointed and has qualified. If a vacancy occurs in the office of mayor or in the case of his
absence or disability, the mayor pro tem shall act as mayor until a successor is elected and has qualified
or until the mayor is again able to assume his duties of office.
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2.09. -Powers of council.
All powers of the city and the determination of all matters of policy shall be vested in city council. Council
shall execute the laws and administer the government of the city. Without limitation of the foregoing and
among the other powers that may be exercised by council, the following are hereby enumerated for
greater certainty:
a.Adopt budget of the city.
b.Authorize the issuance of bonds by a bond ordinance.
c.Inquire into the conduct of any office, department, agency or officer of the city and make
investigations as to municipal affairs, and for that purpose may subpoena witnesses, administer
oaths, and compel the production of books, papers and other evidence. Failure to obey such
subpoena or to produce books, papers or other evidence as ordered under the provisions of this
section shall constitute a misdemeanor and shall be punishable by fine. Council shall enact an
ordinance to enforce this provision.
d.Establish and appoint the members of the planning and zoning commission.
e.Adopt plats.
f.Adopt and modify the official map of the city.
g.Adopt, modify and carry out plans proposed by the planning and zoningcommission for the
clearance of slum districtsand rehabilitation of blighted areas.
h.Adopt, modify and carry out plans proposed by the planning and zoning commission for the
replanning, improvement and redevelopment of neighborhoods and for the replanning,
reconstruction or redevelopment of any area or district which may have been destroyed in whole or
in part by disaster.
i.Provide for the establishment and designation of fire limits and to prescribe the kind and
character of buildings or structures or improvements to be erected therein, and to provide for the
erection of fireproof buildings within certain limits, and to provide for the condemnation of dangerous
structures or buildings or dilapidated buildings calculated to increase the fire hazard and the manner
of their removal or destruction.
j.Approve assessment rolls as returned toit by the board of equalizationappraisal district and
adopt same as the assessment rolls to be used for the collection of taxes for the current year.
k.Control and distribute all contingent appropriations. Expenditures from a contingent
appropriation shall require prior approval of council. A contingent appropriation shall be disbursed
only by transferto a departmental appropriation, the spending of which shall be charged to the
department or activity for which the appropriation is made.
l. Neither the Council nor any of its committees or members shall direct or request the
appointment of any person to, or his removal from, office by the City Manager or any of his
subordinates; or, except as is or may be otherwise provided under the terms of this Charter, in any
manner take part in the appointment or removal of officers and employees in the administrative
service of the City. Except for the purpose of inquiry, the Council and its members shall deal with
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the administrative service solely through the Manager, and neither the Council nor any member
thereof shall give orders to any subordinate of the City Manager either publicly or privately.
2.10. -Additional discretionary powers.
In addition to the above powers and without limitation of such, city council shall have the power to, and
may at its discretion, do any or all of the following:
a.Public library.Council shall have the authority to establish and maintain a free public library
within the city and to cooperate with any person, firm, association or corporation under such terms
as council may prescribe for the establishment of such free public library. For budget purposes, the
library shallmaybe considered as a department of the city and the appropriations therefor shall
comply with all the budgetary requirements as outlined in this Charter and as may be prescribed
from time to time by council.
b.Hospital.
1.Operation.The city shall have the authority to acquire, establish and own, either by
purchase, donations, bequest or otherwise, all property that may be useful or necessary for the
purpose of establishing and maintaining a municipal hospital. Upon establishment of such
hospital, council shall create a hospital board with membership and compensation deemed
appropriate by council, which shall operate the hospital subject only to such direction and
supervision as shall be contained in any ordinance or ordinances enacted by council.
2.Finances.All funds belonging to said hospital, whether classed as funds received in
course of operation, or otherwise, shall be kept in a separate hospital fund to be used only for
the operation and maintenance of said hospital, except that such funds may be used by the city
for general operating purposes with the express consent of the hospital board.
The hospital board shall submit a quarterly operating statement to council, and an annual
audit to coincide with the fiscal year of the city.
c.Planning andZoning.
1.Power.For the purposes of promoting the health, safety, morals or general welfare of the
city, council may by ordinance regulate the location, height, bulk and size of buildings and
other structures, the size of yards, courts and other open spaces, the density of population and
the uses of buildings, structures and land for trade, industry, business, residence and other
purposes.
2.Procedure.Should council enact regulations under subsection 1,above, it shall establish
a zoning commission and may establish a zoning board of adjustment.
(a)Zoning commission.
(1)The zoning commission shall recommend to council the location of zoning
districts and restrictions therein, and shall hold public meetings on such
recommendations.
(2)Commission members shall receive such compensation as council may deem
appropriate.
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(3)Council may combine the duties of said commission with the duties of the
planning commission, as provided in section 2.09e through j, to form a planning and
zoning commission.
(b)Zoning board of adjustment.
(1)The zoning board of adjustment may, in appropriate cases and subject to
appropriate conditions and safeguards, make special exceptions to the terms of a
zoning ordinance in harmony with its general purpose and intent and in accordance
with general or specific rules therein contained.
(2)Board members shall receive such compensation as council may deem
appropriate.
3.Generally.All of the powers granted by Revised Civil Statutes of Texas, Articles 1011a to
1011j.,V.T.C.A., Local Government Code § 211.001 et seq.,inclusive, relating to zoning in
cities, are hereby adopted and made a part of this Charter.
d.Housing authority.Council may create a housing authority of such number, terms and
compensation of members as council may determine and may delegate to the housing authority
such powers relating to the planning, construction, reconstruction, alteration, repair, maintenance or
operation of housing projects and housing accommodations as council may determine.
2.11. -Ordinances.
a.Passage.
1.Procedure.Every ordinance shall be introduced in written or printed form, and, upon passage,
shall take effect at the time indicated therein; provided that any ordinance imposing a penalty, fine or
forfeiture for a violation of its provisions shall become effective not less than ten (10) days from the
date of its passage. The city secretary shall give notice of the passage of every ordinance imposing
a penalty, fine or forfeiture for a violation of the provisions thereof, by causing the caption or title,
including the penalty, of any such ordinance to be published in the official newspaper in the city at
least once within ten (10) days of its passage according to the provisions ofV.T.C.A., Local
Government Code § 52.011state law. He shall note on every ordinance, the caption of which is
hereby required to be published, and on the record thereof, the fact that same has been published
as required by the Charter, and the date of such publication and promulgation of such ordinance;
provided, that the provisions of this section shall not apply to the correction, amendment, revision
and modification of the ordinances of the city for publication in book or pamphlet form. Except as
otherwise provided in Article VII of this Charter, it shall not be necessary to the validity of any
ordinance that it shall be read more than one time or considered at more than one session of city
council. Every ordinance shall be authenticated by the signature of the mayor and city secretary and
shall be systematically recorded in an ordinancebook in a manner approved by council. It shall only
be necessary to record the caption or title of ordinances in the officialminutes of journalof council
meetings.
2.Codifications.Council shall have power to cause the ordinances of the city to be corrected,
amended, revised, codified and printed in code form as often as council deems advisable. Such
printed code, when adopted by council, shall be in full force and effect without the necessity of
publishing the same or any part thereof in a newspaper and shall be admitted in evidence in all
courts and places without further proof.
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b.Additional ordinances.In addition to such acts of council as are required by statute or by this Charter
to be by ordinance, every act of council establishing a fine or other penalty or providing for the
expenditure of funds or for the contracting of indebtedness shall be by ordinance.
cb.Enacting clause.The enacting clause of all ordinances shall be "BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF LA PORTE."
ARTICLE III. -ADMINISTRATION
3.01. -City manager.
3.02. -Administrative departments.
3.03. -City secretary.
3.04. -Municipal court.
3.05. -City attorney.
3.01. -City manager.
a.Appointment and qualifications.City council shall appoint a city manager, who shall be chosen
solely on the basis of his executive and administrative training, experience and ability. No member of city
council shall, during the term for which he is elected and for one year thereafter, be appointed city
manager.
b.Term and salary.The city manager may be appointed and removed at the will and pleasure of city
council by a vote of the majority of the entire city council. The action of city council in suspending or
removing the city manager shall be final, it being the intention of this Charter to vest all authority and fix all
responsibility of such action in city council. Council shall set a salary for the city manager as it deems
appropriate.
c.Duties.Except as provided elsewhere in this Charter, the city manager shall be the chief executive
officer and head of the administrative branch of the city government. He shall be responsible to the
council for the proper administration of all affairs of the city and to that end he shall have power and be
required to:
1.Devote all his working time and attention to the affairs of the city.
2.Appoint and, when necessary for the good of the city, remove all city officers and employees
except those for which this Charter provides otherwise. He may authorize the head of a department
to appoint and remove subordinates in such department.
3.Prepare the budget annually, submit it to council and be responsible for its administration after
adoption.
4.Prepare and submit to council, as of the end of the fiscal year, a complete report on the
finances and administrative activities of the city for the preceding year.
5.Keep council advised of the financial condition and future needs of the city and make such
recommendations as may seem to him desirable.
6.Perform such other duties as may be prescribed by this Charter or required of him by the
council,not inconsistent with this Charter.
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d.Provisions for absence.Within thirty (30) days after taking office, the city manager shall designate
by letter filed with the city secretary a qualified administrative officer of the city to perform his duties during
his temporary absence or disability. Upon receipt of said letter, the city secretary shall advise council of its
contents. Said letter shall be in force and effect for the duration of the city manager's employ or until he
files another such letter.
3.02. -Administrative departments.
a.Creation.There are hereby created the following administrative departments: Finance, police, fire,
law, public works, health, parks and recreation, planning,and water and sewer.
Council may by ordinance create or abolish offices, departments or agencies other than the offices,
departments or agencies established by this Charter.
b.Consolidation.Council may consolidate or redesignate any of the offices, departments and
agencies.
c.Directors.The city manager shallappoint a director to supervise and control each department.
When necessary for the good of the city, the city manager may remove any such director. Such director
shall be an officer of the city and shall have supervision and control of his department, subject to the
supervision of the city manager. Two (2) or more departments may be headed by the same individual,
and directors of departments may also serve as chiefs of divisions. The city manager may head one or
more departments.
d.Divisions.The work of each administrative department may be distributed among suchdivisions
thereof as may be established by ordinance or this Charter.
3.03. -City secretary.
With the advice and consent of city council, the city managerCity councilshall appoint a city secretary.
competent person to be secretary of the city.The city secretary shall be provided space in the City Hall
sufficient to maintain the records entrusted to the care of the city secretary, and shall be entitled to a seat
at the council table at allofficial meetings.The city secretary shall:
a.Give notice of council meetings.
b.Authenticate by his signature and record in full in a book kept and indexed for the purpose all
ordinances and resolutions.
c. Be the custodian of all municipal records. Recommend to the council rules and regulations to
be adopted by ordinances to protect the safety and security of all municipal records.
d: Hold and maintain the City Seal and affix to all instruments requiring suchseal.
e: Administer oaths in any matter pertaining to municipal affairs and in accordance with state law.
f: The council shall set the compensation of the city secretary.
g.Perform such other duties as may be assigned to himby council, state lawor elsewhere in this
Charter.
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3.04. -Municipal court.
a.Establishment.There shall be established and maintained a municipal court with all powers and
duties as are now, or may hereafter be, prescribed by the laws of the State of Texas for municipal courts.
b.Municipal judge.City council shall appoint a competent attorney, duly licensed by the State of
Texas, to be judge of the municipal court. He shall serve at the pleasure of council and shall receive
compensation as may be fixed by council.
c.Alternatemunicipal judge.Council shall have the power to create and appoint additional judges as
provided by law.
d.Court clerk.Subject to the approval of the municipal judge, the city manager shall appoint a
municipal court clerk and deputy clerks. Said clerk or clerks shall have the power to administer oaths and
affidavits, make certificates, affix the seal of said court theretoand generally do and perform any and all
acts usual and necessary by clerks of court in conducting the business thereof.
e.Costs and fines.All costs and fines imposed by the municipal court, or any court in cases appealed
from its judgments, less thosedesignated for the State of Texas,shall be paid into the city treasury for the
use and benefit of the city.
State law reference—
Municipal court, V.T.C.A., Government Code § 29.001 et seq.
3.05. -City attorney.
City council shall appoint a competent attorney, duly licensed by the State of Texas, to be city attorney
and head of the department of law. He shall be appointed and removed at the will and pleasure of council
by a majority vote of the entire council, andshall receive compensation as may be fixed by council.
The city attorney, or other attorneys selected by him with the approval of council, shall represent the city
in all litigation, provided that council may retain special counsel. He shall be the legaladvisor of, and
attorney and counsel for, the city and all offices and departments thereof.
[3]
ARTICLE IV. -BUDGET
(3)
State Law reference—
Budgets, V.T.C.A., Local Government Code § 102.001 et seq.
4.01. -Preparation and submission of budget.
4.02. -Availability of proposed budget.
4.03. -Budget adoption.
4.04. -Public record.
4.05. -Effect of approved budget.
4.06. -Fiscal year defined.
4.01. -Preparation and submission of budget.
At least forty-five (45) days prior to the beginning of each fiscal year, the city manager shall submit to
council a proposed budget with required attachments. For such purpose, at such date as he shall
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determine, he shall obtain from the head of each office, department or agency estimates of revenue and
expendituresof that office, department or agency, detailed by organization units and character and object
of expenditure, and such other supporting data as he may request. In preparing the budget, the city
manager shall review the estimates, may hold hearings thereonand may revise the estimates, as he may
deem advisable.
a.Contents of budget.The budget shall provide a complete financial plan for the fiscal year. It
shall contain the following:
1.A consolidated statement of receipts and expenditures for all funds.
2.An analysis of property valuations.
3.An analysis of tax rate.
4.Tax levies and tax collections by years for at least ten (10) years or for a number of years
for which records are available.
5.A detailed listing of the resources of each fund.
6.Asummary of proposed expenditures within such funds by department, function and
classification.
7.A revenue and expense statement for all outstanding bonded debt.
8.A schedule of principal and interest on each issue of outstanding bonds showing rate of
interest, maturity dates and amount outstanding.
9.The appropriation ordinance.
10.The tax-levying ordinance.
b.Attachments to budget.
1.Budget message.The city manager shall prepare a budget message which shall be
submitted with the budget. It shall contain an outline of the proposed financial policies of the
city for the fiscal year and describe in connection therewith the important features of the budget
plan. It shall set forth the reasons for salient changes from the previous years in expenditures
and revenue items and shall explain any major changes in financial policy.
2.Supporting schedules.Attached to the budget shall be such supporting schedules,
exhibits and other explanatory material, in respect to both current operations and capital
outlays, as the city manager shall believe useful to council.
3.Comparison tables.The city manager may prepare tables in which various items may be
compared with those of previous years and shall attach such to the budget.
(a)Anticipated revenues.In parallel columns opposite the several items of revenue,
there shall be placed the actual amount of such item for the first six (6) months of the
current year, the budgeted amount for the current fiscal year, and the proposed amount
for the ensuing fiscal year.
(b)Proposed expenditures.The proposed expenditures for the administration,
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operation, maintenance and capital outlay of each office, department or agency of the city
shall be itemized by character and object. In parallel columns opposite the various items
of expenditures, there shall be placed the actual amount of such items of expenditures for
the last completed fiscal year, the estimated amount for the current fiscal year and the
proposed amount for the ensuing fiscal year.
c.Balanced budget.The total estimated expenditures of the general fund and debt service fund
shall not exceed the total estimated resources of each fund (prospective income plus cash on hand).
The classification of revenue and expenditure accounts shall conform as nearly as local conditions
will permit to the uniform classification as promulgated by the National Committee on Municipal
Accounting or some other nationally accepted classification.The classification of revenue and
expenditure accounts shall conform to the uniform classification as promulgated by the
Governmental Accounting Standards Board and Generally Accepted Accounting Principles.
4.02. -Availability of proposed budget.
The proposed budget and all attachments shall be a public record in the office of the city secretary, open
to public inspection. The city manager shall cause sufficient copies of such to be prepared for distribution
to interested persons.
4.03. -Budget adoption.
a.Publication of notice of public hearing.At the meeting of city council at which the budget and
attachments are submitted, council shall determine the place and time of the public hearing on the
budget, and shall cause to be published a noticeof the place and time, not less than seven (7)ten (10)
days after date of publication, at which council will hold a public hearing.
b.Public hearing.At the time and place so advertised, or at any time and place to which such public
hearing shall from time to time be adjourned, city council shall hold a public hearing on the budget as
submitted, at which all interested persons shall be given an opportunity to be heard, for or against the
estimates or any item thereof.
c.Vote required for adoption.Thebudget shall be adopted by the favorable votes of at least a majority
of all members of the whole council.
d.Adoption.The budget shall be finally adopted not later than the last day of the fiscal year. Should
council take no final action on or prior to such day, the budget as submitted by the city manager shall be
deemed to have been finally adopted by council.
Upon final adoption, the budget shall be in effect for the fiscal year.
4.04. -Public record.
a.Filed.A copy of the budget as finally adopted shall be filed with the city secretary.
b.Availability.The final budget shall be printed, mimeographed or otherwise reproduced and sufficient
copies shall be made available for the use of offices, departments and agencies, and for the use of
interested persons and civic organizations.
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4.05. -Effect of approved budget.
From the effective date of the budget:
a.The several amounts stated therein as proposed expenditures shall be and become
appropriated to the several objects and purposes therein named.
b.The amount stated therein as the amount to be raised by property tax shall constitute a
determination of the amount of the levy for the purposes of the city, in the corresponding tax year.
4.06. -Fiscal year defined.
The fiscal year of city government shall begin on the first day of October and end on the last day of
September of the succeeding calendar year. Such fiscal year shall also constitute the budget and
accounting year.
State law reference—
Fiscal year, authority to establish, V.T.C.A., Local Government Code § 101.022.
[4]
ARTICLE V. -FINANCE ADMINISTRATION
(4)
State Law reference—
Financial matters, V.T.C.A., Local Government Code § 101.001 et seq.
5.01. -Division of taxation.
5.02. -Purchase procedure.
5.03. -Alterations in contracts.
5.04. -Fees shall be paid to city.
5.05. -Borrowing.
5.06. -Disbursement of funds.
5.07. -Independent audit.
5.08. -Appropriations lapse at end of year.
5.01. -Division of taxation.
There shall be established in the department of finance a division of taxation, the head of which shall be
the city tax assessor-collector.
a.Property subject to tax; method of assessment.All real and personal property within the city
not expressly exempted by law shall be subject to annual taxation at its true market value.
Each person, partnership and corporation owning property within the limits of the city shall
between the first day of January and the thirty-first day of March of each year, hand tothe tax
assessor-collector a full and complete sworn inventory of the property possessed or controlled
by him, her or them within said limits on the first day of January of the current year. In all cases
of failure to obtain a statement of real and personal property from any cause, the tax
assessor-collector shall ascertain the amount and value of such property and assess the same
as he believes to be true and full value thereof; and such assessment shall be as valid and
binding as if such property had been rendered by the owner thereof.on the first day of January
render an inventory of property possessed or controlled by him, her, or them to the appraisal
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district as set forth in the Property Tax Code.
b.Board of equalization.
1.Membership.City council shall each year, prior to the first day of March, appoint three (3)
residents who are qualified voters as the board of equalization. Such board shall choose from
its membership a chairperson. A majority of said board shall constitute a quorumfor the
transaction of business.
The tax assessor-collector shall be ex officio secretary of the board.
2.Compensation.Members of the board while serving shall receive such compensation as
council may deem appropriate.
3.Powers and duties.In order that all property within the city shall be assessed as uniformly
as possible, the board of equalization shall have the power and duty to:
(a)Adopt regulations regarding the procedure of assessment review.
(b)Review, on complaint of property owners, assessments for the purpose of taxation
of both real and personal property within the city made by the assessor-collector.
(c)Examine and, if necessary, revise the assessments returned by the tax
assessor-collector and as previously set by the board.
(d)Administer oaths, take testimony, hold hearings and compel the production of all
books, documents and other papers pertinent to the investigations of the taxable values
of any person, firm or corporation having or owning property within the corporate limits of
the city subject to taxation.
(e)Certify its approval of the assessment rolls and have them returned to the tax
assessor-collector, immediately upon completion of the board's work.
4.Records.The board shall be required to keep an accurate record of all its proceedings,
which record shall be available for public inspection.
5.Public hearing and notice to owner.At the same meeting that city council appoints the
board of equalization, it shall by ordinancefix the time of the first meeting of the board which
shall be on the tenth day of May, or as soon thereafter as practicable. After such first meeting,
the board may reconvene and adjourn from time to time, and as long thereafter as may be
necessary, it shall hear and determine the complaint of any person in relation to the
assessment roll. Whenever said board shall find it their duty to raise the value of any property
appearing on the lists or books of the assessor-collector, it shall, after having examined such
lists and books and corrected all errors appearing therein, adjourn to a day not less than ten
(10) nor more than fifteen (15) days from the date of adjournment and shall cause the secretary
of said board to give written notice to the owner of such property or to the person rendering
same of the time to which said board has adjourned, and that such owner or person rendering
said property may at that time appear and show cause why the value of said property should
not be raised. Such notice may be served by depositing the same, properly addressed, and
postage paid, in the city post office.
c.b.Payment of taxes.
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1.When due and payable. All taxes due the city shall be payable at the office of the
assessor-collector and may be paid at any time after the tax rolls for the year have been
completed and approved, which shall be not later than October first15. Taxes shall be paid
before February first following the yearfor which the tax was levied, and all such taxes not paid
prior to such date shall be deemed delinquent and shall be subject to such penalty and interest
as city council may provideprovidedby ordinancethe Texas Property Tax Code.
2.Tax liens.The taxlevied by the city is hereby declared to be a lien, charge or
encumbrance upon the property upon which tax is due, which lien, charge or encumbrance the
city is entitled to enforce and foreclose in any court having jurisdiction over the same, and the
lien, charge and encumbrance on the property in favor of the city, for the amount of taxes,
penalties and interestdue on such property, is such as to give the state courts jurisdiction to
enforce and foreclose said lien on the property on which the taxes, penalties and interestis
due, not only as against any resident of this state or person whose residence is unknown, but
also as against nonresidents. All taxes upon real estate shall especially be a lien and a charge
upon the property upon which the taxes, penalties and interestare due, which lien may be
foreclosed in any court having jurisdiction.
Editor's note—
The references in this section to board of equalization are obsolete as city ad valorem taxes are assessed
and collected pursuant to V.T.C.A., Tax Code § 6.01 et seq.
5.02. -Purchase procedure.
All purchases made and contracts executed by the city shall be pursuant to a requisition from the head of
the office, department or agency whose appropriation will be changedcharged, and no contract or order
shall be binding upon the city unless and until the city manager or his designee approves the same and
certifies that there is to the credit of such office, department or agency a sufficient unencumbered
appropriation and allotment balance to pay forthe supplies, materials, equipment or contractual services
for which the contract or order is to be issued. Before the city may enter into a contract that requires an
expenditure of more than five thousand dollars ($5,000.00) fifty thousand dollars ($50,000)or state
requirement, whichever is greater, the city must comply with the procedure prescribed by V.T.C.A., Local
Government Code § 252.001 et seq., for competitive sealed bidding or competitive sealed proposals. The
city may use the competitive sealedproposals procedure only for high technology procurementsfor
purchase of goods or services, including high technology procurements and insurance. Council may by
ordinance confer upon the city manager general authority to contract for expenditures withoutfurther
approval of council for budgeted items not exceeding five fifty thousand dollars ($50,000.00)or state
requirement, whichever is greater. All contracts for expenditures involving more than five fifty thousand
dollars ($50,000.00), whichever is greater,must be expressly approved in advance by council. If the
competitive sealed bidding requirement applies to the contract, the contract must be awarded to the
lowest responsible bidderor best value as prescribed by V.T.C.A., Local Government Code §252.043, et
seq. Council or the city manager, in such cases as he is authorized to contract for the city, may reject any
and all bids. If the competitive sealed proposals requirement applies to the contract, the contract must be
awarded to the responsible offeror whose proposal is determined to be the most advantageous to the city
considering the relative importance of price and the other evaluation factors included in the request for
proposals. Council by ordinance may increase the five fifty thousand dollar ($50,000.00) limitation herein
provided to conform to subsequent increases authorized by state law. Contracts for professional services
for which bidding is prohibited by state law shall not be let on competitive bids. Procurement of
architectural or engineering services shall be in accordance with the Professional Services Procurement
Act. In the event of conflict between any provision of this section and state law, state law shall prevail.
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(Ord. No. 1676, § 1, 2-12-90/5-5-90; Ord. No. 1699, § 1, 5-7-90; Ord. No. 1700, 5-7-90)
Editor's note—
The city has exercised the option under V.T.C.A., Local Government Code § 252.002 to have the
requirements in V.T.C.A., Local Government Code § 252.021 which increased the requirements for competitive sealed
bids or proposals to expenditures of more than $15,000.00.
Code cross reference—
Purchases and contracts, § 2-82
State law reference—
Purchases, V.T.C.A., Local Government Code § 252.001 et seq.
All purchases made and contracts executed by the city shall be pursuant to a requisition from the head of
the office, department or agency whose appropriation will be charged, and no contract or order shall be
binding upon the city unless and until the city manager certifies that there is to the credit of such office,
department or agency a sufficient unencumbered appropriation and allotment balance to pay for the
supplies, materials, equipment, or contractual services for which the contract or order is issued. All
purchases made and contracts executed by the city shall bemade in accordance with the requirements
of this charter and all applicable requirements of the Constitution and Statutes of the State of Texas. All
contracts for purchases or expenditures must be expressly approved in advance by the council, except
that the council may by ordinance confer upon the city manager, general authority to contract for
expenditures without further approval of the council for all budgeted items the cost of which does not
exceed the constitutional and statutory requirements for competitive bidding.
5.03. -Alterations in contracts.
Except in case of emergency, alterations in any contract not to exceed twenty-five (25) percent of the total
contract may be made when authorized by council upon written recommendation of the city manager;
provided that such alteration is acceptable to theother party to the contract. When such recommended
change is for an amount not more than five thousand dollars ($5,000.00), council may authorize the city
manager to approve such alterations.
Procedures for making change orders or alterations in contracts shall be governed by the provisions
established in V.T.C.A. Texas Local Government Code for municipal purchasing.
5.04. -Fees shall be paid to city.
All fees for city services received by any officer or employee shall belong to the city government and shall
be paid to the department of finance at such times as required by the director of the finance department.
5.05. -Borrowing.
a.Negotiable notes.In any fiscal year, city council may by resolution authorize borrowing by the
issuance and sale of negotiable notes of the city which shall mature and be payable not later than the end
of the fiscal year in which the original notes have been issued. All such notes may be sold at not less than
par and accrued interest at private sale by the director of the finance department without previous
advertisement, but such sale shall be authorized by council. Such notes shall be in anticipation of either
of the following:
1.Property taxes.Notes authorized in anticipation of the collection of property taxes in a fiscal
year shall be designated "tax anticipation note for the year
____________/____________/____________" (stating the fiscal year).
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2.Other revenues.Notes authorized in anticipation of the collection or receipt of other revenues
shall be designated "special revenue note for the year
____________/____________/____________" (stating the fiscal year).
b.Capital improvements.
1.Power and authority to incur indebtedness.The city shall have the power and authority, by
ordinance duly adopted, to borrow money on the credit of the city for permanent public
improvements and to issue its general obligation bonds, revenue bonds, refunding bonds,
certificates of indebtedness, notes, warrants, or other forms of indebtedness pursuant to and in
accordance with the present or hereinafter adopted or amended general and special laws of this
state applicable to home rule cities, except as such power and authority is expressly limited or
denied by this Charter, or any amendments hereto.
2.Referendum on bond ordinance.Each bond ordinance passed pursuant to a purpose which
has been authorized by majority vote of the voters of the city at an election shall not be subject to
referendum. Each bond ordinance relating to bonds not authorized by the qualified voters of the city
shall be subject to permissive referendum on petition pursuant to the provision of Article VI of this
Charter, unless the bonds are authorized solely for a purpose made necessary as the result of fire,
flood or other disaster, or the bonds are to be issued to finance the improvement or extension of a
municipally owned or operated utility or other public service enterprise.
3.Public sale of all bonds.No bonds issued under this Charter shall be sold without first offering
the same at public sale. Notice of such sale shall be given by publication at least once in a financial
journal published in the State of Texas and by publication at least once in the official newspaper of
the city, both of such publications to be made not less than ten (10) days prior to the date set for
such sale.
5.06. -Disbursement of funds.
All checks, vouchers or warrants for the withdrawal of funds from the city depository shall be executed in
accord with the provisions of this Charter and shall be signed by the city manager or his deputy and
counter-signed by a member of city council.
5.07. -Independent audit.
Prior to the end of each fiscal year, council shall designate a practicing certified public accountant, who is
licensed by the State of Texas, to make an independent audit of accounts and other evidences of
financial transactions of the city government and shall submit a report to council. Notice shallbe given by
publication in the official newspaper in the city that the annual audit is on file at the city hall for inspection.
Notice shall be given in accordance with state law,if required.Such accountant shall have no personal
interest, direct or indirect, in the fiscal affairs of the city government. He shall not maintain any accounts
or records of the city business, but, within specifications approved by council, shall post-audit the books
and documents kept by the department of finance and any separate or subordinate accounts kept by any
other office, department or agency of the city government. The annual financial statement, including
auditor’s opinion on the statement, shall be filed in the office of the municipal secretary within 180 days
after the last day of the municipality’s fiscal year. The finance statement is a public record.
State law reference—
Audit, V.T.C.A., Local Government Code § 103.001 et seq.
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5.08. -Appropriations lapse at end of year.
All appropriations shall lapse at the end of the budget year to the extent that they shall not have been
expended or lawfully encumbered.
ARTICLE VI. -INITIATIVE, REFERENDUM AND RECALL
6.01. -Power of initiative.
6.02. -Power of referendum.
6.03. -Procedure for initiative or referendum petition.
6.04. -Consideration of referendum or initiative by council.
6.05. -Election on referendum or initiative.
6.06. -Amendment of initiative or referendum ordinances.
6.07. -Power of recall.
6.08. -Procedure for recall petition.
6.09. -Recall election.
6.10. -District judge may order election.
6.01. -Power of initiative.
The electorsqualifiedvotersshallhave the power to propose any ordinance except an ordinance
appropriating money or authorizing the levy of taxes, and to adopt or reject the same at the polls, such
power known as the initiative.
6.02. -Power of referendum.
The electorsqualifiedvotersshall have power to approve or reject at the polls any ordinance passed by
council, or submitted by council to a vote of the electorsqualified voters,except as provided in section
5.05, such power being known as the referendum. Ordinances submitted to council by initiative petition
and passed by council without change shall be subject to the referendum in the same manner as the
other ordinances.
6.03. -Procedure for initiative or referendum petition.
a.Form of petition.
1.Text.Initiative petitionpapers shall contain the full text of the proposed ordinance.
2.Signatures.
(a)The signatures to initiative or referendum petitions need not all be appended to one
paper, but to each separate petition there shall be attached a statement of the circulator
thereof as provided by this section. Each signer of any petition paper shall sign his name in ink
or indelible pencil and shall indicate after his name his place of residence by street and
number, or other description sufficient to identify the place.
(b)The petition shall be signed by qualified electorsvotersof the city equal in number to at
least fifty (50) percent of the number of votes cast in the last regular municipal election.
3.Circulators.There shall appear on each petition the names and addresses of five (5) electors
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qualifiedvoters, who, as circulators, shall be regarded as responsible for the circulation and filing of
the petition.
4.Affidavit.Attached to each separate petition paper there shall be an affidavit of the circulator
thereof that he, and he only, personally circulated the foregoingpaper, that it bears a stated number
of signatures, that all signatures appended thereto were made in his presence, and that he believes
them to be genuine signatures of the persons whose names they purport to be.
b.Submission of petition.
1.Filing.All petition papers comprising an initiative or referendum petition shall be assembled
and filed with the city secretary as one instrument.
2.Examination.Within twenty (20) days after a petition is filed, the city secretary shall determine
whether each paper of the petition has a proper statement of the circulator and whether the petition
is signed by a sufficient number of qualified electorsvoters. The city secretary shall declare any
petition paper entirely invalid which does not have attached thereto an affidavit signed by the
circulator thereof. If a petition paper is found to be signed by more persons than the number of
signatures certified by the circulator, the last signatures in excess of the number certified shall be
disregarded. If a petition paper is found to be signed by fewer persons than the number certified, the
signatures present shall be accepted unless void on other grounds.
3.Certification.
(a)Procedure.After completing his examination of the petition, the city secretary shall certify
the result thereof to city council at its next regular meeting. If he shall certify that the petition is
insufficient, he shall set forth in his certificate the particulars in which it is defective and shall at
once notify the circulators of his findings.
(b)Effect.When a referendum petition or amended petition has been certified as sufficient by
the city secretary, the ordinance specified in the petition shall not go into effect, or further
action thereunder shall be suspended if it shall have gone into effect, until and unless approved
by the electors, as hereinafter provided.
c.Amendment of petition.An initiative or referendum petition may be amended at any time within ten
(10) days after the notification of insufficiency has been sent by the city secretary, by filing a
supplementary petition upon additional papers signed and filed as provided in case of an original petition.
The city secretary shall, within five (5) days after such an amendment is filed, make examination of the
amended petition and, if the petition be still insufficient, he shall file his certificate to that effect in his office
and notify the circulators of his findings and no further action shall be had on such insufficient petition.
d.Refiling not prejudiced.The finding of the insufficiency of a petition shall not prejudice the filing of a
new petition for the same purpose.
6.04. -Consideration of referendum or initiative by council.
Whenever city council receives a certified initiative or referendum petition from the city secretary, it shall
proceed at once to consider such petition and shall take final action on it within sixty (60) days after the
date on which it was submitted to council.
a.Initiative.A proposed initiative ordinance shall be read and provision made for a public hearing
on such before the time set for final action.
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b.Referendum.A referred ordinance shall be considered by council and its final vote upon such
reconsideration shall be upon the question, "Shall the ordinance in the referendum petition be
repealed?"
6.05. -Election on referendum or initiative.
a.Submission to electorsqualifiedvoters.If council shall fail to pass an ordinance proposed by
initiative petition or shall pass it in a form different from that set forth in the petition therefor, or if council
fails to repeal a referred ordinance, the proposed or referred ordinance shall be submitted to the electors
qualified voterson the next election day as established by the laws of the State of Texas. Council may, in
its discretion, and if no regular election is to be held on such day shall, provide for a special election.
b.Form of ballot.Ordinances submitted to vote of electors in accordance with this article shall be
submitted by ballot title, which shall be prepared in all cases by the city attorney. The ballot title may be
different from the legal title of any such initiated or referred ordinance and shall be a clear, concise
statement, without argument or prejudice, descriptive of the substance of such ordinance. Below the
ballot title shall appear the following propositions, one preceding the other, in the order indicated: "FOR
THE ORDINANCE" and "AGAINST THE ORDINANCE."
Any number of ordinances may be voted on at the same election and may be submitted on the same
ballot, but any paper ballot used for voting thereon shall be for that purpose only.
c.Results.If a majority of the electors qualifiedvotersvoting on a proposed initiative ordinance shall
vote in favor thereof, it shall thereupon be an ordinance of the city. A referred ordinance which is not
approved by a majority of the electors voting thereon shall thereupon be deemed repealed. If conflicting
ordinances are approved by the electorsat the same election, the one receiving the greatest number of
affirmative votes shall prevail to the extent of such conflict.
6.06. -Amendment of initiative or referendum ordinances.
Initiative and referendum ordinances adopted or approved by the electorsshall be published, and may be
amended or repealed by council, as in the case of other ordinances.
6.07. -Power of recall.
The mayor or any councilperson may be removed from office by recall.
No recall petition shall be filed against the mayor or a councilperson within six (6) months after he takes
office nor in respect to an officer subjected to a recall election and not removed thereby, until at least six
(6) months after such election.
6.08. -Procedure for recall petition.
a.Affidavit.Anyelectorqualified voterof the city may make and file with the city secretary an affidavit
containing the name or names of the officer or officers whose removal is sought and a statement of the
grounds for removal.
b.Petition blanks.Upon receipt of said affidavit, the city secretary shall deliver to saidelectorqualified
votercopies of petition blanks demanding such removal. The city secretary shall keep a sufficient number
of printed petition blanks on hand for distribution. Such blanks when issued shall:
1.Be signed by the city secretary.
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2.Be addressed to city council.
3.Be numbered and dated.
4.Indicate the name of the person to whom issued.
5.Indicate the name of the officer whose removal is sought.
6.Indicate thenumber of such blanks issued.
The city secretary shall enter in a record to be kept in his office the name of theelectorqualified voterto
whom the petition blanks were issued and the number issued to said person.
c.Return of petition.To be effective, the recall petition must:
1.Be signed by qualified electorsvotersof the city equal in number to at least fifty (50) percent of
those who were qualified votersand voted on the date of the last regular municipal election, and at
least one-half of the qualifiedvoters constituting such fifty (50) percent signing the petition shall
make affidavit, to be filed with the petition, to the effect that they voted for the person whose recall is
sought, in the election at which he was last elected.
2.Be returned and filed with the city secretary within thirty (30) days after the filing of the affidavit
required in section 6.08a.
6.09. -Recall election.
a.Submission.The city secretary shall at once examine the recall petition and, if he finds it sufficient
and in compliance with the provisions of this article, he shall within five (5) days submit it to city council
with his certificate to that effect and notify the officer sought to be recalled of such action. If the officer
whose removal is sought does not resign within five (5) days after such notice, council shall thereupon
order and fix a date for holding a recall election. Any such election shall be held at the next election day as
established by the laws of the State of Texas.
b.Ballots.Ballots used at recall elections shall conform to the following requirements:
1.With respect to each person whose removal is sought the question shall be submitted "Shall
(name of person) be removed from the office of (name of office) by recall?"
2.Immediately below each such question there shall be printed the two (2) following propositions,
one above the other, in the order indicated:
"For the recall of (name of person)"
"Against the recall of (name of person)."
c.Results.If a majority of the votes cast at a recall election shall be against the recall of the officer
named on the ballot, he shall continue in office for the remainder of his unexpired term, subject to recall
as before. If a majority of the votes at such an election be for the recall of the officer named on the ballot,
he shall, regardless of any technical defects in the recall petition, be deemed removed from office and the
vacancy shall be filled as in other vacancies.
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6.10. -District judge may order election.
Should city council fail or refuse to order any of the elections as provided for in this article, when all the
requirements for such election have been complied with by the petitioning electors in conformity with this
article of the Charter, then it shall be the duty of any one of the district judges of Harris County, Texas,
upon proper application being made therefor, to order such elections and to enforce the carrying into
effect of the provisions of this article of the Charter.
[5]
ARTICLE VII. -FRANCHISES AND PUBLIC UTILITIES
(5)
State Law reference—
Franchises, Vernon's Ann. Civ. St. art. 1175; franchise to use streets, V.T.C.A.,
Transportation Code § 311.071 et seq.
7.01. -Enfranchisement.
7.02. -Regulation.
7.03. -Franchise records.
7.04. -Accounts of municipality-owned utilities.
7.05. -Franchise value disallowed.
7.06. -Consent of property owners.
7.01. -Enfranchisement.
a.Power of council.City council shall have power by ordinance to grant, amend, renew and extend all
franchises of all public utilities of every character operating within the city. All ordinances granting,
amending, renewing or extending franchises for public utilities shall not be finally passed until thirty (30)
days after the first reading; and no such ordinance shall take effect until sixty (60) days after its final
passage; and pending such time, the notice and caption of such ordinance, noting the place where the full
text may be examined by the public, shall be published once each week for four (4) consecutive weeks in
the official newspaper of the city, and the expense of such publication [is] to be borne by the proponent of
the franchise. No public utility franchise shall be transferable except with the approval of council
expressedby ordinance.
b.Extensions.All extensions of public utilities within the city limits shall become a part of the aggregate
property of the public utilities, shall be operated as such, and shall be subject to all the obligations and
reserved rights contained in this Charter and in any original grant hereafter made. The right to use and
maintain any extension shall terminate with the original grant and shall be terminable as provided in
section 7.02a. In case of an extension of a public utility operated under a franchise hereafter granted,
such right shall be terminable at the same time and under the same conditions as the original grant.
c.Other conditions.All franchises heretofore granted are recognized as contracts between the city
and the grantee, and the contractual right as contained in any such franchises shall not be impaired by
the provisions of this Charter, except that the power of the city to exercise the right of eminent domain in
the acquisition of any utility property is in all things reserved, and except the general power of the city
heretofore existing and herein provided for to regulate the rates and services of the grantee which shall
include the right to require proper and adequate extension of plant and service and the maintenance of
the plant and fixtures at the highest reasonable standard of efficiency.
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Every public utility franchise hereafter granted shall be held subject to all the terms and conditions
contained in the various sections of this article whether or not such terms are specifically mentioned in the
franchise.
When the city chooses to exercise its power of eminent domain to acquire any public utility, the procedure
to be used in such acquisition shall be as set forth inRevised Civil Statutes of Texas, Articles 3264
through 3271V.T.C.A., Property Code §§ 21.011 to 21.065, inclusive. In valuing the property, the
measure of damages shall be the fair market value of the physical properties taken together as one
system. This power shall be in addition to and cumulative of any other powers of acquisition granted to or
reserved by the city in a franchise ordinance.
Prior to the purchase of any existing franchised utility system, either according to the terms of the
franchise or by eminent domain, city council shall submit the question of purchase to thequalifiedvoters
of the city, and such must be approved by a majority of those voting.
Nothing in this Charter shall operate to limit in any way, as specifically stated, the discretion of council or
the electors of the city in imposing terms and conditions as may be reasonable in connection with any
franchise grant.
7.02. -Regulation.
a.Right of regulation.All grants, renewals, extensions or amendments of public utility franchises,
whether it be so provided in the ordinance or not, shall be subject to the right of the city:
1.To repeal the same by ordinance at any time for failure to begin construction oroperation
within the time prescribed or otherwise to comply with the terms of the franchise, such power to be
exercised only after due notice and hearing.
2.To require an adequate extension of plant and service, and the maintenance of the plant and
fixtures at the highest reasonable standard of efficiency.
3.To establish reasonable standards of service and quality of products and prevent unjust
discrimination in service of rates.
4.To prescribe the form of accounts kept by such utility. If the franchise does not prescribe the
form of accounts kept by a utility, then it shall keep its accounts in accordance with the utility system
of accounts for said utility prescribed by the appropriate state and federal utility regulatory agencies.
5.To examine andaudit the accounts and other records of any such utility at any time and to
require annual and other reports, including reports on local operations by each such public utility.
6.To impose such reasonable regulations and restrictions as may be deemed desirable or
conducive to the safety, welfare and accommodation of the public.
7.To at any time require such compensation and rental as may be permitted by the laws of the
State of Texas.
b.Regulation of rates and service.Council shall have full power, after due notice and hearing, to
regulate by ordinance the rates and service of every public utility operating within the city. Such power
shall be subject to the exercise of power in each area of each utility by the appropriate agencies of state
and federal government.
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7.03. -Franchise records.
Within six (6) months after this Charter takes effect, every public utility and every owner of a public utility
franchise shall file with the city, as may be prescribed by ordinance, certified copies of all franchises
owned or claimed, or under which such utility is operated in the city.
The city shall compile and maintain a public record of public utility franchises.
7.04. -Accounts of municipality-owned utilities.
Accounts shall be kept for each public utility owned or operated by the city, in such manner as to show the
true and complete financial results of such city ownership and operation, including all assets,
appropriately subdivided into different classes, all liabilities subdivided by classes, depreciation, reserve,
other reserves and surplus, also revenues, operating expenses, including depreciation, interest
payments, rental and other disposition of annual income. The accounts shall show the actual capital cost
to the city of each public utility owned,also the cost of all extensions, additions and improvements, and
the source of the funds expended for such capital purposes. They shall show as nearly as possible the
cost of any service furnished to or rendered by any such utility to any other city or governmental
department. City council shall annually cause to be made by a licensed certified public accountant and
shall publish a report showing the financial results of such city ownership and operation, giving the
information specified in this section orsuch data as council shall deem expedient, in accordance with
section 5.08.
7.05. -Franchise value disallowed.
The value of the franchise granted by the city shall not be included in fixing reasonable rates and charges
for utility service within the city or in determining the just compensation to be paid by the city for public
utility property which may be acquired by eminent domain or otherwise.
7.06. -Consent of property owners.
The consent of abutting and adjacent property owners shall not be required for the construction,
extension, maintenance or operation of any public utility; but nothing in this Charter or in any franchise
granted thereunder shall be construed to deprive anysuch property owner of any rights of action for
damage or injury to his property as now or hereafter provided by law.
ARTICLE VIII. -GENERAL PROVISIONS
8.01. -Publicity of records.
8.02. -Employers and officers.
8.03. -Assignment, execution and garnishment of city property.
8.04. -City not required to give security or execute bond.
8.05. -Effect of this Charter on existing law.
8.06. -Amending this Charter.
8.07. -Severability clause.
8.08. -References to laws.
8.09. -Approval of this Charter.
8.10. -Provisions for transition.
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8.01. -Publicity of records.
All records and accounts of every office, department or agency of the city shall be open to inspection by
any person, any representative of a citizen's organization or any representative of the press during
normal business hours, as provided in the Texas Open Records Act, V.T.C.A., Government CodeTexas
Public Information Act, V.T.C.A., Government Code§ 552.001 et seq.
State law reference—
Public records act, V.T.C.A., Government Code § 552.001 et seq.
8.02. -Employers and officers.
a.Personal financial interest.No member of city council or any officer or employee of the city shall
have a financial interest, direct or indirect or by reason of ownership of stock in any corporation, in any
contract or in the sale to the city, or to acontractor supplying the city, of any lands or rights of interests in
any land, material, supplies or service. Any willful violation of this section shall constitute malfeasance in
office, and any officer or employee of the city found guilty thereof shallthereby forfeit his office or position.
Any violation of this section with the knowledge expressed or implied of the person or corporation
contracting with the city shall render the contract voidable by council.
b.Employment interest.No one who has been elected to city office shall be employed in a nonelective
office by the city within the term for which he was elected or for one year thereafter.
c.Nepotism.No person related, within the second degree by affinity or within the third degree by
consanguinity, to the mayor or any councilperson or to the city manager shall be employed or appointed
to any office, position or clerkship of the city. This prohibition shall not apply, however, to any person who
shall have been employed for two (2) years or moreby the city at the time of the election or appointment
of the officer to whom he is related.
d.Bonds.Council shall require bonds of all municipal officers and employees who receive or pay out
any monies of the city. The amount of such bonds shall be determined by council and the cost thereof
borne by the city. Council shall set the bond amount for the city manager and the director of finance at an
amount not less than ten thousand dollars ($10,000.00).
e.Oath of office.
1.Elected and appointedofficers.All officers of the city shall, before entering upon the duties of their
respective offices, take and subscribe to the official oath prescribed in the Constitution of the State of
Texas.
Every elected officer of the city shall, before entering upon the duties of his office, take and
subscribe to the oath or affirmation, to be filed and kept in the office of the city secretary:
"I, ____________ do solemnly swear (or affirm), that I will faithfully execute the duties of the
office of ____________ of the City of La Porte, State of Texas, and will to the best of my ability
preserve, protect and defend the constitution and laws of the United States and of this state
and the Charter and ordinances of this city; and I furthermore solemnly swear (or affirm) that I
have not directly or indirectly paid, offered, or promised to contribute any money, or valuable
thing, or promised any public office or employment, as a reward for the giving or withholding a
vote at the election at which I was elected. So help me God."
2.Appointed officers.Every appointed officer of the city shall, before entering upon the duties of
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his office, take and subscribe to the following oath or affirmation, to be filed and kept in the office of
the city secretary:
"I, ____________ do solemnly swear (or affirm), that I will faithfully execute the duties of the
office of ____________ of the City of La Porte, State of Texas, and will to the best of my ability
preserve, protect and defend the constitution and laws of the United States and of this state
and the Charter and ordinances of this city; and I furthermore solemnly swear (or affirm) that I
have not directly or indirectly paid, offered, or promised to contribute any money, or valuable
thing, or promised any publicoffice of employment, as a reward to secure my appointment or
the confirmation thereof. So help me God."
f.Discharge.Council shall be authorized to discharge at any time, with or without a hearing, as council
may elect, any officer, employee or clerk which it appoints.
The city manager shall be authorized to discharge at any time, with or without a hearing, as the city
manager may elect, any officer, employee or clerk which he appoints.
g.Injuries; insurance.City council shall have authority to provide the rules and regulations for
maintaining employees when injured and disabled while performing their duties, and it may provide for
such plan of insurance as it deems proper.
h.Pensions.City council may establish a pension plan for any employee whohas been employed by
the city for twenty (20) years and who shall have reached the age of fifty-five (55), or may adopt in lieu
thereof any pension system available to cities under state law. The amount of said pension shall be
graded and proportioned to the average salary received by the employee during the whole period of his
employment. All those falling under the head of employees in this Charter and who are employed by the
city when the same takes effect shall be entitled to a credit for the years of service heretofore served;
provided, however, that any payment under this provision shall never constitute a waiver or stop the city
from asserting any defenses it might have under section 1.06
8.03. -Assignment, execution and garnishment of city property.
The property, real and personal, belonging to the city shall not be liable to be sold or appropriated under
any writ of execution or cost bill. The funds belonging to the city, in the hands of any person, firm or
corporation, shall not be liable to garnishment, attachment or sequestration; nor shall the city be liable to
garnishment on account of any debt it may owe or funds or property it may have on hand or owing to any
person. Neither the city nor any of its officers or agents shall be required to answer any such writ of
garnishment on any account whatever. The city shall not be obligated to recognize any assignment of
wages or funds by its employees, agents or contractors.
8.04. -City not required to give security or execute bond.
It shall not be necessary in any action, suit or proceeding in which the city is a party for any bond,
undertaking or security to be demanded or executed by or on behalf of said city in any court, but in all
such actions, suits, appeals or proceedings, same shall be conducted in the same manner as if such
bond, undertaking or security had been given as required by law, and said city shall be as liable as if
security of bond had been duly executed.
8.05. -Effect of this Charter on existing law.
All ordinances, resolutions, rules and regulations now in force under the city government of the city and
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not in conflict with the provisions of this Charter shall remain in force under this Charter until altered,
amended or repealed by city council after this Charter takes effect;and all rights of the city under existing
franchises and contracts are preserved in full force and effect to the city, and any unissued bonds and
revenue bonds, or installments thereof, heretofore authorized at an election held in said city shall not be
affected by the adoption of this Charter, but the right to sell, issue and deliver same, in whole or in part, in
keeping with the provisions of the laws under which they were voted is hereby expressly reserved.
8.06. -Amending this Charter.
a.This Charter shall be the subject of a mandatory review every ten (10) years.Amendments may be
proposed and submitted to the electors of the city by ordinance passed by a majority vote of the full
membership of city council or by a petition signed by qualifiedelectorsvotersof the city in number not
less than five (5) per cent thereof or twenty thousand (20,000) signatures, whichever is less. Such petition
shall in all other respects conform to the provisions of Article VI.
When a properly drawn petition has been duly filed, council shall provide by ordinance for submitting such
proposed amendments to a vote of theelectorsqualified votersat an election to be heldnot less than
thirty (30) days nor more than ninety (90) days after the passage of said ordinance.in accordance with
the Texas Election Code.If the next regular municipal election is to be held during said period, the
submission of said amendment or amendments shall be at such election. Otherwise, a special election
shall be called for the purpose. Notice of the election shall begivenby publication thereof in the official
newspaper on the same day in each of two (2) successive weeks; the date of the first publication to be not
less than fourteen (14) days prior to the date set for said election. The form of such notice shall be as
prescribed by this Charter, including a substantial copy of the proposed amendment or amendments.in
accordance with the Texas Election Code.
Each amendment submitted shall contain only one subject and shall be printed separately on the ballot,
each proposed amendment being followed by designations for thequalifiedvoter to vote for the
amendment or against the amendment.
Each proposed amendment, if approved by the majority of the qualified votersvoting at said election,
shall become a part of the Charter. The city secretary shall enter notice into the records of the city
declaring the same adopted.
b.This section is subject to the provisions of Revised Civil Statutes of Texas Annotated, Article 1170,
and Election Code, Article2.01 et seq.V.T.C.A., Local Government Code §§ 9.04 and 9.05, and
V.T.C.A., Election Code § 41.001 et seq.
8.07. -Severability clause.
If any section or part of section of this Charter shall be held invalid by a court of competent jurisdiction,
such holding shall not affect the remainder of this Charter nor the context in which such section or part of
section so held invalid may appear, except to the extent that an entire section or part of section may be
inseparably connected in meaning and effect with the section or part of section to which such holding
shall directly apply.
8.08. -References to laws.
All references within this Charter to laws of the State of Texas or of the United States are to be construed
as meaning such laws as now or hereafter amended or superseded.
La Porte, Texas, Code of Ordinances
Page 31of 33
PART I -CHARTER
CHARTER COMPARATIVE TABLE
8.09. -Approval of this Charter.
a.Copies to electors.In not less than thirty (30) days prior to the election provided in subsection b., the
city commission shall cause the city clerk to mail a copy of this Charter to each qualified voter of the city,
as listed on the current voter registration list.
b.Submission of Charter to electors.The charter committee in preparing this comprehensive Charter
amendment finds and decides that it is impracticable to segregate each subject so as to permit a vote of
"yes" or "no" on the same, for the reason that the Charter is so constructed that in order to enable it to
work andfunction, it is necessary that the comprehensive amendment be adopted in its entirety. For
these reasons the charter committee directs that said amended Charter be voted upon as a whole and
that it shall be submitted to the qualified voters of the city atan election to be held for that purpose on the
9th day of August, 1980.
The form of ballot to be used in such election shall be as follows:
FOR THE ADOPTION OF THE AMENDED CHARTER.
AGAINST THE ADOPTION OF THE AMENDED CHARTER.
c.Results of vote for adoption.If a majority of the qualified electors voting in such election shall vote in
favor of the adoption of the Charter, and after the returns have been canvassed, the city clerk shall file an
official copy of the Charter with the records of the city.The city commission shall at its next meeting
declare this Charter adopted. The clerk shall furnish the mayor a copy of said Charter, which copy of the
Charter so adopted, authenticated and certified by his signature and the seal of the city, shall be
forwarded by the mayor to the Secretary of State of the State of Texas and shall show the approval of
such Charter by majority vote of the qualified voters voting at such election.
8.10. -Provisions for transition.
a.Tenure of officers during transition.From and after the date of the adoption of this Charter and until
the completion of the first election under this Charter to be held on the first Saturday in April, 1981, and
the qualification of the councilpersons therein elected, the present qualified and acting commissioners
and mayor shall constitute city council. Such city council shall possess all the powers provided by this
Charter.
After said election and until the election to be held on the first Saturday in April, 1982, and the qualification
of the councilpersons and mayor therein elected, the present qualified and acting
commissioner—Position 2 shall serve as councilperson-at-large—Position A; the present qualified and
acting commissioner—Position 4 shall serve as councilperson-at-large—Position B; and the present
qualified and acting mayor shall serve as mayor. These councilpersons and mayor, along with the
councilpersons elected and qualified as provided in subsection b, below, shall, for the duration of their
terms of office, compose city council and shall possess all the powers provided by this Charter.
b.Original election of mayor and councilpersons.Councilpersons representing districts shall be
elected at the election to be held on the first Saturday in April, 1981, for terms of office as follows:
Councilperson—District 1, three-year term
Councilperson—District 2, one-year term
Councilperson—District 3, one-year term
La Porte, Texas, Code of Ordinances
Page 32of 33
PART I -CHARTER
CHARTER COMPARATIVE TABLE
Councilperson—District 4, two-year term
Councilperson—District 5, two-year term
Councilperson—District 6, three-year term.
Councilpersons-at-large and the mayor shall be elected at the election to be held on the first Saturday in
April, 1982, for terms of offices as follows:
Councilperson-at-large—Position A, one-year term
Councilperson-at-large—Position B, two-year term
Mayor, three-year term.
Following these terms of office, all councilpersons and the mayor shall be elected to three-year terms,
according to the provisions of Article II of this Charter.
CHARTER COMPARATIVE TABLE
This table shows the location of the sections of the basic Charter and any amendments thereto.
Ordinance
Number
Adoption
Date
Election
DateSection
Section
this Charter
12165-21-808-9-801Arts. I—VIII
16762-12-905-5-901A5.02
16995-7-9015.02
17005-7-9015.02
La Porte, Texas, Code of Ordinances
Page 33of 33
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: December 10, 2012Appropriation
Requested By: Corby Alexanderfor Mayor RigbySource of Funds:
Department:AdministrationAcct Number:
Report:Resolution: Ordinance: Amount Budgeted:
Attachments:Retiree Medical Benefits FAQRequested:
Attachments: Timeline of Changes
Attachments: Retiree Medical BenefitsBudgeted Item(s): YES NO
_____________________________________________________________________________________________
SUMMARY & RECOMMENDATION
In early November 2012, all 66 retirees were mailed a letter outlining the coverage and premiums
for the upcoming year for health insurance, which included medical, plus applicable dental and
vision coverage. Additionally, each retiree received an information booklet that was similar to the
one active employees received for open enrollment. These booklets contain important information
regarding the retiree benefits.
There are changes to 2013 medical premiums for 8retirees. Five retirees saw an increase in
premiums and threesaw a decrease. These changes in premiums were in part the result of a routine
audit that discovered an error that resulted incharging amounts that were not consistent with the
policy for retiree medical premiums for dependents. Rates for dependents were not properly
calculated based on language in Section 8.06 of the employee handbook that states, “Costs to the
retiree, retiring on or after January 1, 2006, shall be based on a cost schedule determined by years of
services, outlined below. Under this schedule, a retiree pays a percentage of the city’s contribution
to the plan participant’s health coverage, based on years of service, but pays the entire cost of
dependent coverage, regardless of years of service.” Council approvedan amendment to this
language on April 25, 2011 that changed the rate for 30 year retirees to be the same as active
employees for both employee and dependents, but the language was never changed in the
handbook. Additionally the rates for retirees with under 30 years changed due to the amount
budgeted by Council for benefits.
Staff is seeking policy direction from the Council regarding the medical premiums for dependents
of retirees. The new premiums go into effect January 1 and because of this imminent time frame
required for action, this issue is being brought directly to the City Council for direction.Several
options are available to the Council, which include but are not limited to:
1.Continue to implement the City policy as it is written now (assuming the updated 2011
language is added)
2.Direct staff to amend the policy to allow all retirees to pay active employee rates for
dependent medical coverage. This would require the adoption of an ordinance effectuating
the change and it would be brought forCouncil consideration at the January 12 Council
meeting. Changes in premiums would be implemented for the January 1 plan yearfor
retirees.If this option is selected, Council should provide direction on whether to allow all
retirees to change their plan based on this new information,only those five retirees that
would see a significant increase in premiums based on the existing policy, or not allow
changes.
3.Direct staff to amend the policy to allow all retirees to pay a percentage of active employee
rates for dependent medical coverage based on years of service. Staff would propose using
the percentages outlined in the current policy for the “retiree only” cost for this calculation.
For example, if an employee with 20 years of service retires, that employee would pay 60%
of the total plan cost for him/herself and 60% of the total plan cost for dependent medical
coverage.This would require the adoption of an ordinance effectuating the change and it
would be brought for Council consideration at the January 12 Council meeting. Changes in
premiums would be implemented for the January 1 plan year for retirees. If this option is
selected, Council should provide direction on whether to allow all retirees to change their
plan based on this new information,only those five retirees that would see a significant
increase in premiums based on the existing policy, or not allow changes.
4.Any other variation desired by the Council.
Action Required by Council:
Receive direction from the Council regarding retiree dependent premiums for medical insurance.
Approved for City Council Agenda
___________________________________________________________
Corby D. Alexander, CityManagerDate
Retiree Medical Benefits
Frequently Asked Questions
December, 2012
1.How many retirees does the City have currently?
We currently have 66 retirees. Below is a breakdown
Retired Before 12/31/2005 Retired After1/1/2006 Total
Less Than 30 years of Service 30+ years of Service
No With No With
47
Dependents Dependents Dependents Dependents
35110 66
2.What premiums are the retirees currently paying?
Retired prior to 1/1/2006:
These retirees pay the active employee rate for themselves and tdependents. This
is consistent with the current City policy.
Retired on or after 1/1/2006:
After May, 2011, retirees with 30 years of service pay the activ
their dependents. This is consistent with the current City policy, although the language
has not been amended to reflect this change that Council approve
At least since 2008, retirees with fewer than 30 years have paid a percentage of the
total cost for employees (employee + employer costs), but paid the active rate for their
dependents. This is not consistent with the current policy.
3.What should post-2006 retirees with fewer than 30 years of service be paying per
policy?
Post-2006 retirees with fewer than 30 years of service should be paying a percentage ( a
graded scale based on years of service from 20 up to 30) of the
coverage (employee plus employer contributions) plus the full cost of dependent
coverage (regardless of years for service). The premium costs athe amounts
approved by Council during the budget process based the calculat
fund the plan.
4.How many retirees had a premium change effective 1/1/2013?
Increased premiums: 5 due to total premium cost and the budgeted funding amount
Decreased premiums: 3 due to the change in the budgeted premium amount
Number of retirees who had an increased medical rate due to the funding change and total
dependent premium being calculated: 5
5.Has the City always allowed retirees to have dental and vision coverage?
No, originally retirees went on COBRA for their Dental and Vision coverage. In an email dated
1/16/2009, HR was directed by the City Manager to begin allowing retirees t
coverage; however changes to this coverage were not permitted.
6.Has the City always allowed retirees to change medical plans du
Until 2007, retirees were not permitted to make plan changes dur
email from Assistant City Manager dated 6/25/07 has been found that said to start allowing it.
The email also states that this was not in the Ordinance.
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested December 10, 2012
Source of Funds:
Requested ByTraci Leach
Account Number:
Department:Administration
Amount Budgeted:
ReportResolution:Ordinance:
Amount Requested:
Exhibits: Interim Report
Budgeted Item:YESNO
Exhibits: Presentation
SUMMARY & RECOMMENDATION
On September 24, 2012 the Council approved an agreement with Mueller Management to conduct an
operational and process audit for the City’s Planning and Engineering Department. Since that time, the
consultants have been busy collecting data about the City’s current processes and procedures. This was
completed by conducting a series of one-on-one interviews and focus group meetings with both internal
and external stakeholders. Each group had an opportunity to discuss their experiences with the many
divisions of the Department-code enforcement, inspections, planning, and engineering.
At this time, the consultant is prepared to present the interim report, as outlined in the approved scope of
work. This report will focus primarily on the information obtained through the stakeholder interviews
and meetings and will identify some of the themes that emerged. After the interim report, the consultant’s
next steps will be to begin formulating recommendations for change.
Action Required by Council:
None.
Approved for City Council Agenda
Corby D. Alexander, City ManagerDate
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Mueller Management/Ron Cox Consulting
December 10, 2012
City of La Porte
Planning Department Organizational Review
Interim Report
Table of Contents
page
I.Introduction 2
A.Purpose 2
B.Methodology 2
C.Acknowledgements 3
II.External Perceptions 4
A.City Council 4
B.Planning and Zoning Commission 4
C.Focus Groups 4
i.Code Enforcement 5
ii.Contractors 5
iii.Owners 5
III.Internal Observations 5
A.Employee Interviews 5
B.Process Flowcharting 6
C.Zoning and Development Codes 6
IV.Common Themes 6
A.Organizational Culture/Mission & Goals 7
B.Departmental Cohesiveness 7
C.Trust 8
D.Support of Staff 9
E.Communication 10
F.Cumbersome Processes Lead to Non-Compliance 11
G.Site Plan Review Process 12
H.Permitting Intake/Issuance 13
I.Code Enforcement 14
J.Inspections 14
V.Next Steps 15
Mueller Management/Ron Cox Consulting 1
I.Introduction
A.Purpose
On September 24, 2012, the City of La Porte engaged Mueller Mana, in association with Ron Cox
Consulting, to perform an organizational review of the Planning Department. The desire for
organizational reviews in various departments of the City was identified by the City Council during the FY
2013 budget planning process. The Planning Department was chose
due to its high frequency of customer/citizen interaction points. The results of these interactions can
have a significant impact on the perception of the City government as a whole.
Specifically, the purpose of this review is directed toward evaluating departmental policies, procedures,
practices, and codes to identify improvements that may add value
customer service. In particular, the processes involved with si
identified as areas of emphasis. This interim report is intended to summarize the observations ma-
date with preliminary conclusions regarding the topics for which
be provided in the final report
B.Methodology
The Problem-Solving Process
The study methodology employed by the consulting team follows a problem-solving model as
conceptualized in the following diagram:
Define the Problem
Identify Obstacles
Interim Report
Generate Possible
Solutions
Evaluate Alternatives &
Final Report
Select Best Solutions
Implement
Adjust & Adapt
Mueller Management/Ron Cox Consulting 2
Often, the first step in the problem solving process - defining the actual problem - can be one of the
most difficult. Separating symptoms from actual root causes is the most important aspect of ensuring
the problem solving process will yield effective results. Via the request for proposal and initial kick off
The primary efforts of the consulting team to-date have been focused on the first step of the problem-
solving model accurately defining the issues and separating symptoms from actual causes.
During this initial phase of the review, the consulting team
the most common root causes are grouped. Recommendations will ultimately be grouped according to
these themes in the final report. Additionally, based on observations and data collected thus far, the
team has identified potential obstacles that may be contributing to the current status of the
department. Finally, the team has begun to assemble preliminary recommendations that will be further
defined in the final report.
Internal and External Perceptions
As a backdrop to the problem solving process,
which the perceptions of internal participants (employees) align or differ from external participants (City
Council, Planning Commission, customers) has a great bearing on the ease or difficu
consensus on the issues that need to be addressed.
Internal perceptions have been primarily gleaned from individual interviews with each member of the
Planning Department. Individual interviews were also conducted City
departments who are involved with the site plan and building per
review process and the permit intake and issuance processes have been flo
potential gaps or inefficiencies in those processes.
External perceptions have been obtained by individual interviews with each member of the City Council
and Planning and Zoning Commission. To further validate the perceptions commun
interviews, three separate focus groups were convened one focused on code enforcement; one with
contractors/designers; and one with business owners.
C.Acknowledgements
The consulting team wishes to thank all members of the City Coun
, the Planning Department, and the customer focus group participants. We received
great cooperation from each person we spoke with and encountered no obstacles in obtaining the
information we requested. Many positive suggestions were put forth by the individuals and
worked with that will be incorporated into the final report
Mueller Management/Ron Cox Consulting 3
II.External Perceptions
A.City Council
The Mayor and each City Council member were interviewed individually. Each was asked similar pre-
determined questions in order to maintain consistency and to be comments in an
equitable manner. Following are the topics discussed with the elected officials (and Planning & Zoning
Commission members).
Each member was encouraged to provide general comments related t
reports provided to them by others coming in contact with the Pl
Each was asked whom they received their comments from citizens, contractors, owners.
Each was asked what comments they have received or experiences they have personally had
with the various divisions within the Planning Department permitting, inspections, site plan
approvals, code enforcement, planning & zoning.
Each member was asked if there were any ordinances or regulation
reviewed and possibly amended in order to streamline the process
Each member was provided the opportunity to provide examples of the comments and
experiences provided to them.
Each member was asked to describe their perception of the cultur
as a whole.
Each member was provided an opportunity to make suggestions for
process.
B.Planning and Zoning Commission
Likewise, each member of the Planning and Zoning Commission was individually. The same
format and same questions were utilized during the interview process as with the Mayor and City
Council.
C.Focus Groups
Meetings with the focus groups were formatted in such as way as to provide the
for comments and feedback, but were structured to be sensitive ttime constraints for participants. It
was important to hear from as many varied type customers as possble. And it was important to identify
those who would be forthcoming with their insights, as well as identify those who had consistent
contact with the department. Each of the elected officials was asked to provide staff with
to invite to
who had interaction with the department. Between 10-15 different people were identified and invited
for each of the focus groups. All total more than 30 people were actually invited.
requested, and the staff made every effort to ensure good attend by following up individually with
each of them. In the end, many chose not to participate. However, it is our opinion the participation was
adequate and the comments were consistent with and confirmed those provided in individual
interviews with Council and P&Z members.
Mueller Management/Ron Cox Consulting 4
Although each focus group had different participants, and the emphasis in each group meeting was
different, all were provided the opportunity to comment on any function of the Planning Departm
Each focus group meeting included an explanation of the purpose
comments from the participants about their experiences. Each was then asked to write specific
comments on flip charts. Each flip chart had a separate heading for permitting, inspections, code
enforcement, planning and zoning, site plan approval, customer s
improvement. Participants then wrote their comments on post-it type note cards and placed them on
the appropriate flip chart.
i.Code Enforcement
The Code Enforcement Focus Group met on November 7, 2012 with ei
All had been in contact with code enforcement personnel, and had either issued complaints, or
were complained against. The complaints centered on zoning compliance, residential high weeds,
junk vehicles, and drainage.
ii.Builders/Contractors
The Builders/Contractors Focus Group met on November 12, 2012 wi
participants represented the trades and general contractors. They had been involved in
permitting, site plan approval, and inspections processes.
iii.Owners
The Owners Focus Group met on November 13, 2012 with four attendees. All were owners of
businesses in the City who went through one or more of the zoning, site plan appro
permitting and/or inspections processes.
III.Internal Observations
Gathering and synthesizing internal perceptions is important for a variety of reasons. First, it
provides an opportunity to identify the degree to which internal and external participants agree or
disagree on their perspectives. Second, depending on the alignm
external perspectives, it provides a starting point for identify
coaching. Finally, the internal perspectives provide valuable f
council regarding areas of concern or suggestions for improvement that may have been previously
undiscovered.
A.Employee Interviews
th
Each member of the Planning Department was interviewed individuaOctober 4 and
23rd. A structured list of 20 questions was asked of each employee.
position or their responses, additional follow up questions were
responses were obtained from different employees, follow up and
conducted on a case by case basis.
Mueller Management/Ron Cox Consulting 5
B.Process Flowcharting
As identified in the RFP the site plan and permitting processes were selected
mapping (or flowcharting). The goal of this exercise was to document the current actual
processes. Subsequent work will correlate process problems that some of the
customer themes described below. Additionally, the consulting t
recommendations that may reduce customer confusion, turn-around time, or inefficient use of
staff time.
Initial drafts of the flowcharts were prepared based on information gained during the initial
interviews with additional clarifying questions pursued when necessary. These drafts were then
reviewed with the primary individuals responsible for the process. Finally, the processes were
reviewed by other members involved with the processes until a consensus was develo
flowchart adequately reflects the current actual process.
C.Zoning and Development Codes
An initial review of the zoning code and the development ordinance has been conducted.
Additionally, as part of the interview process, employees were encouraged to identify particular
codes that be causing recurring problems. The consulting team h
Planning and Zoning Commission to observe proceedings and interactions. More detailed
observations and recommendations will be forthcoming in the final report.
IV.Common Themes
As described above, the underlying goal of the consulting team d
been to identify common external and internal perceptions related to the operations of the
Planning Department. Several common themes, described below, were formulated by comparing
the identified external perceptions and the internal observation. The intent of this interim report
is to communicate preliminary findings and achieve consensus from management and the City
Council regarding the areas warranting further analysis. In the next phase of the review, the
consulting team will focus on developing specific recommendation
themes as well as additional operational and efficiency recommendations.
It should be noted that customers had many positive examples and accolades that were shared.
However, it is the nature of reports such as this that the negat
and discussed in more detail. The departmental staff as a whole displayed pride and interest i
providing good service and work products, but are hampered by the larger the
below.
Mueller Management/Ron Cox Consulting 6
A.Organizational Culture/Mission & Goals
External Perception
Customers generally reported a high level of courtesy and an abo
individual members of the department when compared to other cities. However, there was a
Members of the City Council and Planning & Zoning Commission were asked specifically to
describe the culture of the Planning Department. Answers varied.
satisfied with the department and the responses they get from st
identified were over-stated. Others had definite opinions, based on both personal experience
and/or reports given to them by others. Those who were most desc
Department adds little or no value to a project. They cost time
quality. Others said there seemed to be confusion within the department and they don't
communicate well with each other - "one hand doesn't know what the other hand is doing." The
most descriptive was the staff has a "god syndrome", expressed b
hold all the power.
Internal Observation
statement or goals. Overwhelmingly, the responses were in the nature of knowing that goals and
a mission statement existed or had existed at one time, but were unsure of the specific content.
Most tried to quote or paraphrase what they understood to be the
responses were inconsistent.
Implications
-in for the
mission and goals of the City and Council and management for the department. Developing
improved processes and procedures will not have full effect unleizational culture of
B.Departmental Cohesiveness
External Perception
Customers complained the
processes are very complex with multiple layers of paperwork, multiple contacts within the
department, resulting in no clear direction from a single departCustomers
were consistently concerned over the financial impacts they incuting
processes and do not feel that staff fully appreciates the economic implications of delays in the
process.
Mueller Management/Ron Cox Consulting 7
Internal Observation
An internal observation that may relate to the external percepti
be issued related to an underlying internal division within the department consisting of
planning/engineering vs. inspections/code enforcement reported by several employees. With
some limited exceptions, there does not appear to be an overt lamost
situations where members of one division will mildly
complain about the actions of other divisions. The terminology that is used in describing other
divisions indicates some underlying tensions; rindicate
the members of the department do not fully see themselves as part of one team. Even within the
inspections/code enforcement grouping there is a general feeling
representatives more closely identify with the inspections divis
responsibility as opposed to general support for all Planning Depart
Further, there is some sense that the actions of one division ma
other divisions to adequately perform their own responsibilities There was general concern that,
Inspections Division gets blamed for slowness when the cause
may actually be due to the actions in other divisions. The Inspections Division gets blamed
because the building permit is normally the final permit that is
This internal tension is further exemplified by the perception f
they are often called upon to dispense other
bad positions.
Implications
A possible implication of this internal mild tension is that com
work as smoothly as possible. This is not likely the
a lack of cohesion could easily translate to processes not funct
C.Trust
External Perception
There was a frequently communicated theme that external observerhat some
staff members are not as prepared as they should be at public me
some belief that other staff members end up over-compensating in these situations, which tends
to cause confusion as to the correct interpretation or recommendation that should be followed.
Customers did not express any lack of trust of individuals. Rather they expressed a great distrust in
the processes and consistency in the use of internal processes.
Internal Observation
Some staff members reported a similar lack of trust in other employees of their division or other
divisions. Those staff members further stated that this lack of trust ma
overcompensate to fill the perceived void. Established procedures are sometimes not followed in
order to compensate for the gaps that are created due to these p As another indicator
Mueller Management/Ron Cox Consulting 8
of a lack of trust, instances were recounted where individual staff members would sometimes not
speak directly to each other; other employees sometimes have to
Implications
Based on this close correlation of external and internal comments, this lack of trust may be
evident to customers, creating confusion and uncertainty as to the correct staff direction to
follow. Processes are not as efficient as they could be due to the gaps -
hoc modifications made in response to these perceptions.
D.Support of Staff
External Perception
External participants commented on the apparent divisions within
This division among Council manifests
itself in individual appointments to the Planning & Zoning Commission. This leads to conflicts at
As an example
several commented that the staff seemed tentative in their respo
members during meetings and that some Council and Commission members even seemed
dismissive of staff and appeared to not value their input. It wa
it was observed that the Council and Commission members appeared to have
philosophy about growth and economic development among themselve
They cited this as a potential cause of the tentative reactions
.
Internal Observation
administrations. They further related that they may be reticent to make decisions for fear of not
being supported or being admonished harshly for making a mistake. One staff member used the
term
responding to allegations made by customers to Council Members. Employees generally reported
that they feel like they are more likely to be disciplined for being too lax
A related theme conveyed by staff members is a common belief thaCouncil may have a
grudge against staff members hired by the previous city manager that affects how those
employees are treated.
Implications
Lack of clear and consistent direction from City Council may cause the staff to be tentative and
reluctant in making judgment calls
business friendly, staff needs to understand that they will be s
Mueller Management/Ron Cox Consulting 9
judgment calls in favor of expediting or approving a project even
be more lax than a strict interpretation could call for.
E.Communication
External Perception
External customers routinely mentioned a need for more communicafrom the staff as an
improvement they would like to see. These comments on communica
perspectives including the following general topics:
A desire for more up-front information to help customers better prepare applications;
also, more checklists for common permits were requested
Many customers were not aware of the pre-development meeting option; this
opportunity needs to be encouraged more
Customers generally wanted more updates as to the status of thei
enforcement case
Customers felt compelled to insist on staff meetings with everyo
Other customers decided to only work with and through the Depart
the confusion of working with multiple staff members and getting both multiple and
inconsistent answers to the same issue
Some customers felt that they were at a disadvantage since the s
and requirements and they do not
Multiple submittals are required before approval and new review comments are added
that were not included in the initial review.
Internal Observations
Information in the NaviLine system is difficult to retrieve and
available on the website, but the availability is incomplete. The external perceptions described
above may also be coupled with the numerous prerequisites needed for submittal
permit application. These prerequisites may include one or more of the following permits:
Address and utility verification application
Site plan permit
Flood plain permit
Utility extension agreement
Industrial district agreement
Zoning permit
Zone change
Plat approval
Driveway permit
Culvert Permit
Mueller Management/Ron Cox Consulting 10
Implications
This variety of independent prerequisites provides multiple oppo
difficulty in coordination. Currently, there is not a single person charged with coordinatin
aspects of a project from initial application to final approval o it can be challenging for customers
to know exactly which sub-applications apply for a particular project and the correct subm
sequence.
Staff acknowledged that multiple resubmittals do occur, but gene
result of poor plans being submitted or designers modifying unrelated items (on
additional comments are based). There is a disconnect in percep
customer and staff perspective. The City should consider a policy on abiding by initial review
comments and limiting new comments made on subsequent re-reviews.
Expanded efforts should be directed toward utilizing the NaviLin
information more readily available. Efforts should also be diretter overall
communication so that customers can better prepare applications,
will be required, and can easily stay updated on the status of t Toward that end,
consideration should also be given to assigning a single person to be responsible for contact with
the applicant through the process.
F.Cumbersome Processes Lead to Non-Compliance
External Perception
A general theme was communicated by several customers that the d
system actually may lead more people to work outside the system. They indicated tha
Internal Observations
The cumbersome nature that many customers described may be relatficulty many
employees have navigating the NaviLine system. Most employees expressed frustration with the
NaviLine permitting system in areas such as
Cumbersome data entry and screen layouts
Promised functions not actually working
Difficulty in retrieving information in a desired form
Incomplete access to all modules
Lack of complete training
A common perception that that the value created by the system is n
effort required to maintain it.
Some employees reported that they do not use NaviLine because it is too difficult and
--based methods or other software
Mueller Management/Ron Cox Consulting 11
programs have been devised by various individuals. Additionally, several pieces of information
needed for the monthly and quarterly reports have to be tracked manually out
On a related topic, some of the obstacle described above could be mitigated by broader access to
and enhanced functionality of the GIS and Laser Fiche systems.
Implications
The cumbersome nature of NaviLine appears to contribute to some
inconsistencies that customers experience. Ironically, if customers find the processes too difficult
to navigate and work without permits, this also increases the wokload of the code enforcement
division. GIS investment is hampered because the GIS Manager has
multiple other duties; more complete development of the GIS would help to solve other problems
customers are experiencing.
G.Site Plan Review Process
External Perception
Customers reported a general dissatisfaction with the site plan
included that the process takes too long, there are too many tim
regulations are enforced inconsistently, and there are too many new comments on re-submittals.
Internal Observations
A detailed flowchart of the current site plan review process was
and verified by staff members involved with the process. A more detailed analysis will be
provided in the final report, but preliminary findings include ambiguities in the following
merit further analysis:
The Requirement/Need to have an address assigned before review can begin may cause
initial delays in beginning the review
There is inconsistent adherence to and enforcement of review deadlines. There is no
generally accepted deadline for review of resubmittals
Reviewers document their comments in Inconsistent formats which causes additional
work in compiling the comments for delivery to the applicant
The current structure of the optional applicant review meeting i
review comments are being delivered for the first time at the me
resolving internal conflicts or interpretations in front of the applicant;
of additional confusion for the applicant
The current process includes some manual procedures/documentatio
steps that are logged in the NaviLine system
A policy should be developed on when and how new comments upon re-review should be
allowable
Mueller Management/Ron Cox Consulting 12
Implications
The site plan review process affects a wide variety of businesse
an applicant may have with the City. As currently structured and administered, the process seems
to cause confusion for many applicants and creates a poor first
pre-development meeting and better informational materials may assis
better application. Improvements to the internal processes and customer communic
working with the City.
H.Permitting Intake/Issuance
External Perception
A wide variety of permit applications types are received and issued by the Inspectio
technicians in the Inspections Division. Most of these permits
divisions of the department or other departments. In general, con the
permitting intake and issuance process centered on the time required to issue, the number of
Some
customers observed that employees receiving the permit fees some
the actual regulations for that permit. Customers who need additional information at that point
may have no clear avenue for getting questions answered. Additionally, customers had several
suggestions regarding methods available in other cities for on-line application and issuance of
certain permits and on-line and escrow fund methods for payment of fees for permits that are
more routine in nature.
Internal Observations
A detailed flowchart of the current permit application intake and issuance process was prepared
by the consulting team and verified by staff members involved wi
analysis will be provided in the final report, but preliminary findings indicate that most external
perceptions on this topic are probably related to the organizati
themes previously discussed. However, from a process standpointappears to be redundant
paper, NaviLine, spreadsheet, and Access database logging procedures that should be evaluated
for alternatives.
Implications
Providing more advance information regarding the requirements of
more customer access to the status of plan reviews would address many of the concerns
expressed by customers. Reducing redundant internal procedures would free up staff time for
more meaningful tasks and customer communications. Providing a process to streamline the
issuance of more routine permits to trade contractors would be helpful.
Mueller Management/Ron Cox Consulting 13
I.Code Enforcement
External Perception
The most commonly reported concerns were consistent with other t
the time it takes to resolve cases, communication as to the stat, and a
sense that things get done more quickly if a city councilmember (this observation
came from both customers and councilmembers alike). Also, there appears to be differing
opinions as to the preferred focus of code enforcement efforts an even distribution or a focus on
versus waiting until the complaint is received.
Internal Observations
From a process standpoint, the code enforcement officers utilize
in the field. However, the iPads do not communicate with the NaviLine system, so th
notes have to be printed and then manually typed into the NaviLi
Services Technicians.
Implications
This inefficient process affects the timeliness of data being available and adds a redundant burden
to the Inspection Services Technicians. Although inconclusive at this point, it appears the
customer cannot directly access the NaviLine System for status information. Finding ways to
provide status information to the customer might require additional redundancy at best.
Additionally, there are opportunities to tie the code enforcemen
customers better and timelier access to the status of cases.
J.Inspections
External Perception
Customers were pleased with the ½ day turn-around time available for inspection requests and
the accessibility they generally have to the inspectors which is
Customers were also pleased with the quality of inspections. Common concerns expressed
centered on the inability to request inspections on-line, situations where an inspector might
disapprove items previously approved in plan review or by a prev
for trade contractors to get their final approvals until the building final is approved. There were
conflicting suggestions in the use of inspectors that should be it was
suggested by more than one person that the inspectors be qualified to inspect and then only
inspect in a particular trade, such as electrical and plumbing. It was recognized this level of
specialization could lead to additional manpower requirements. On the other hand
suggested that a single inspector be assigned to do all the inspor a building project in
order to avoid the duplication and inconsistency between inspect
Internal Observations
There appear to be some internal inefficiencies related to the p
requests, documenting and inputting inspection results, and the tracking of paper files along with
the NaviLine records.
Mueller Management/Ron Cox Consulting 14
Implications
The suggestions provided by the customers and internal process i
prior to the final report. There appear to be opportunities to customer satisfaction and
relieve staff of duplicative procedures.
V.Next Steps
team will continue to work with management and the departmental employees to finish the
evaluation and recommendations process. Completing the process
additional 6-8 weeks. The end-result of this process will be a series of management, procedura
and code recommendations designed to address the themes that have been identified.
Implementation of the recommendations will be at the discretion
management team.
Specifically the consulting team anticipates the following activ
The external customers have provided specific examples of problems they have
encountered. The staff should be given the opportunity to hear
and given a chance to respond and be part of the development of .
Management recommendations will be developed to address the organizational culture,
communication, and trust themes that have been identified.
The processes that were flow charted will be analyzed for effici
improvement opportunities.
Organizational and process improvements will be recommended based on internal and
external observations and suggestions that have been made by the
The zoning and development codes will be further evaluated for p
recommendations that will address the identified concerns and themes.
Other general recommendations regarding the operation of the dep
Planning and Zoning Commission will be compiled.
A final report will be compiled and presented to the city manage
Council.
Mueller Management/Ron Cox Consulting 15
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested December 10,2012
Source of Funds:N/A
Requested By:Traci Leach
Account Number:N/A
Department:Administration
Amount Budgeted:N/A
ReportXResolution:Ordinance:
Amount Requested: N/A
Exhibit:Proposed Funding Strategy
Budgeted Item:YESNO
SUMMARY & RECOMMENDATION
At the October 22, 2012 Council meeting, Council heard a presentation from Bruce Bramlettwith the
Battleship Texas Foundation capital campaign for the permanent restoration and preservation of the
Battleship. At that time, the Council indicated that the project had merit but were interested in evaluating
funding options further to include a full picture of all pending projects that require additional funding
before making any commitment.
Staff has researched fund balances and pending projects that need funding and have included the attached
funding strategy for discussion and consideration. Should Council want to move forward, the approved
changes would be formally incorporated into the quarterly budget amendment in January 2013.
Action Required by Council:
Provide direction to staff regarding amended budgets and projects for inclusion in the upcoming quarterly
budget amendment.
Approved for City Council Agenda
Corby D. Alexander,City ManagerDate
Council Agenda Item
December10,2012
9.ADMINISTRATIVE REPORTS
(a)
Receive report from City Manager
Christmas Holidays –Monday, December 24, 2012, and Tuesday, December 25,
2012
City Council Meeting, Monday, January 14, 2013
Fiscal Affairs Committee Meeting, Monday, January 21, 2013
City Council Meeting, Monday, January 28, 2013
Utility billing kiosk
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 Engelken, Mosteit,
Clausen, Martin, Moser, Kaminski, Zemanek, Leonard, and Mayor Rigby.
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 551.072 –
Deliberation regarding purchase,
exchange, lease or value of real property:Discussion regarding former Parks and
Wildlife Building and adjoining lots.
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
12. RECONVENE
into regular session and consider action, if any, on item(s) discussed in
executive session.
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Council Agenda Item
December 10, 2012
13. ADJOURN
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