HomeMy WebLinkAbout11-11-13 Regular Meeting of La Porte City Council
LOUIS R. RIGBY
DARYL LEONARD
Mayor
Councilmember District 3
JOHN ZEMANEK
TOMMY MOSER
Councilmember At Large A
Councilmember District 4
DOTTIE KAMINSKI
JAY MARTIN
Councilmember At Large B
Mayor Pro-Tem
MIKE MOSTEIT
Councilmember District 5
Councilmember District 1
MIKE CLAUSEN
CHUCK ENGELKEN
Councilmember District 6
Councilmember District 2
CITY COUNCIL MEETING AGENDA
Notice is hereby given of a Regular Meetingof the La Porte City Council to be held November 11,
2013,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 givenbyDon Hill,La Porte Inter Church Council.
3. PLEDGE OF ALLEGIANCE
– The Pledge of Allegiancewill be led by CouncilmemberDottie
Kaminski.
4.PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS
(a)
Recognition – La Porte Police Department – Texas Police Chiefs Association Best
Practices Recognition – Mayor Rigby
5. PUBLIC COMMENTS
(Limited to five minutesper person.)
6. CONSENT AGENDA
(All consent agenda items are considered routine by City Council and will be
enacted by one motion. There will be no separate discussion of these items unless a Councilmember
requests anitem be removed and considered separately.)
(a)
Consider approval or other action regarding the minutes of the regular council meeting
held October 28, 2013 – P. Fogarty
(b)
Consider approval or other action regarding a Resolution appointing one representative
and one alternate to the H-GAC 2014 General Assembly and Board of Directors – P.
Fogarty
(c)
Consider approval or other action regarding a Resolution casting a ballot vote for the
election of Ed Heathcott to the Harris County Appraisal District Board of Directors and
authorizing the Mayor to sign the Certificate of Ballot – P. Fogarty
(d)
Consider approval or other action regarding the Fiscal Year 2013 Audit/Asset Forfeiture
Reportand associated financial records – K. Adcox
(e)
Consider approval or other action regarding an Ordinance vacating, abandoning, and
th
closing a portion of the West “E” Street right-of-way and the South 14right-of-way;
approve easements for existing public facilities within the subject rights-of-way, and
authorize the execution and delivery of a deed to the adjoining landowners – T. Tietjens
(f)
Consider approval or other action regarding an agreement with Sungard Public Sector for
Naviline and OneSolution systems – J. Suggs
7. AUTHORIZATIONS/RESOLUTIONS/ORDINANCES
(a)
Consider approval or action regarding a Resolution of the City of La Porte, Texas, opposing
the Centennial Gate Concept in its current form being proposed by the Rice University,
SSPEED Center (Severe Storm Prediction, Education and Evacuation From Disasters),
and providing for the delivery of such resolution to the SSPEED Center as well as Regional
Economic Development Agencies and State Legislators that represent La Porte – T.
Tietjens
8. REPORTS
(a)
Receive report of La Porte Development Corporation Board – Councilmember Engelken
(b)
Receive demonstration of proposed tourism website for the Cityof La Porte – T. Leach
9. ADMINISTRATIVE REPORTS
(a)
Receive report from City Manager
Zoning Board of Adjustment Meeting, Tuesday, November 12, 2013
Thanksgiving Holiday, Thursday November 28, 2013 and Friday, November 29, 2013
City Council Meeting, Monday, December 9, 2013
La Porte Development Corporation Board Meeting, Monday December 9, 2013
Christmas Holidays,Tuesday,December 24, 2013 and Wednesday, December 25,
2013
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– CouncilmembersKaminski, Zemanek,Leonard, Engelken,
Mosteit, Clausen, Martin, Moser 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.
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 November 11, 2013,agenda of items to be considered by the City Council was posted on
the City Hall bulletin board on November 5, 2013.
Council Agenda Item
November 11, 2013
1.CALL TO ORDER
2.INVOCATION
– The invocation will be given by Don Hill, La Porte Inter Church Council.
3.PLEDGE OF ALLEGIANCE
– The Pledge of Allegiance will be led by Councilmember
Dottie Kaminski.
4.PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS
(a)
Recognition – La Porte Police Department – Texas Police Chiefs Association
Best Practices Recognition – Mayor Rigby
5.PUBLIC COMMENTS
(Limited to five minutes per person.)
************************************************************************
Council Agenda Item
November 11, 2013
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 the regular council
meeting held October 28, 2013 – P. Fogarty
(b)
Consider approval or other action regarding a Resolution appointing one
representative and one alternate to the H-GAC 2014 General Assembly and
Board of Directors –P. Fogarty
(c)
Consider approval or other action regarding a Resolution casting a ballot vote for
the election of Ed Heathcott to the Harris County Appraisal District Board of
Directors andauthorizing the Mayor to sign the Certificate of Ballot – P. Fogarty
(d)
Consider approval or other action regarding the Fiscal Year 2013 Audit/Asset
Forfeiture Reportand associated financial records – K. Adcox
(e)
Consider approval or other action regarding an Ordinance vacating, abandoning,
th
and closing a portion of the West “E” Street right-of-way and the South 14
right-of-way; approve easements for existing public facilities within the subject
rights-of-way, and authorize the execution and delivery of a deed to the
adjoining landowners – T. Tietjens
(f)
Consider approval or other action regarding an agreement with Sungard Public
Sector for Naviline and OneSolution systems – J. Suggs
***********************************************************************************
LOUIS RIGBY
DARYL LEONARD
Mayor
Councilmember District 3
JOHN ZEMANEK
TOMMY MOSER
Councilmember At Large A
Councilmember District 4
DOTTIE KAMINSKI
JAY MARTIN
Councilmember At Large B
Mayor Pro Tem
MIKE MOSTEIT
Councilmember District 5
Councilmember District 1
MIKE CLAUSEN
CHUCK ENGELKEN
Councilmember District 6
Councilmember District 2
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCILOF THE CITY OF LA PORTE
OCTOBER28, 2013
Monday,October28, 2013,
The City Council of the City of La Portemet in a regularmeetingonat the
6:02 p.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 6:02 p.m. Members of Council present:
CouncilmembersEngelken, Leonard, Zemanek, Kaminski, Clausen, Martin, and Moser. Absent:
Councilmember Mosteit. Also present were City Secretary Patrice Fogarty, City Manager Corby
Alexander, andAssistant City Attorney ClarkAskins.Councilmember Clausen arrived at 6:03 p.m.
2.INVOCATION
-The invocation was given byAssistant City Attorney, Clark Askins.
3.PLEDGE OF ALLEGIANCE
-The Pledge of Allegiance was led byCouncilmember Tommy Moser.
4PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS
.
(a)
Recognition – “Employees of the (Third) Quarter” – Chris Muska, Chris Gaitan and Jeff
Ellison (Parks and Recreation) – Mayor Rigby
Mayor Rigby recognized Chris Muska, Chris Gaitan and Jeff Ellison as “Employees of the Third
Quarter.”StephenBarr and Scott Bradley offered words of praise.
(b)
Recognitions – Retirement of Nicola Wells (Human Resources) – Mayor Rigby
Mayor Rigby recognized the retirement of Nicola Wells.Allison Curry offered words of praise.
5.PUBLIC COMMENTS
(Limited to five minutesper person.)
Ken Schick,4105 Crawford Rd., Spicewood TX,spoke in favor ofItem 7,the proposed zoning
changelocated northwest of Sens Road and Spencer Highway from commercial to low-density
residential.
President of Spencer Landing Homeowners’ Association Rick Helton,345 Joshway, spoke in
opposition to Item 7 and requested Council tablethe item until more accurate information becomes
available.
Robert Guerra, 342 Joshway, spoke in opposition to Item 7 and requested Council tablethe item
until more accurate information becomes available.
6. CONSENT AGENDA
(All consent agenda items are considered routine by City Council and will be enacted
by one motion. There will be no separate discussion of these items unless a Councilmember requests an
item be removed and considered separately.)
(a)
Consider approval or other action regarding the minutes of the regular council meeting
held October 14, 2013 – P. Fogarty
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(b)
Consider approval or other action to authorize two real estate appraisals related to the
La Porte Airport – C. Alexander
(c)
Consider approval or other action regarding an amendment to the bus service agreement
between Harris County and the City of La Porte for local bus service for the period
beginning November 1, 2013, and ending October 31, 2014 – T. Leach
(d)
Consider approval or other action appointing Jeffrey Plemons and Leo Trim to the La Porte
Police Reserve Force – K. Adcox
(e)
Consider approval or other action authorizing the City Manager to execute an agreement
for participation in the Regional DWI Task Force and a budget amendment to increase the
grant account from $6,000.00 to $12,131.00 – K. Adcox
(f)
Consider approval or other action for the purchase of 12 Haenie scales from sole source
vendor LoadOMeter – K. Adcox
(g)
Consider approval or other action authorizing the City Manager to execute an annual
contract for rehabilitation of sanitary sewer using sliplining, pipe bursting – D. Mick
(Postponed at the October 14, 2013, meeting until October 28, 2013, meeting.)
(h)
Consider approval or other action authorizing the City Manager to execute an agreement
between the City of La Porte and Patriot Court Systems, Inc., under its Texas Buy Board
contract, to provide and install a basketball court and related equipment for Fairmont Park
– S. Barr
(i)
Consider approval or other action adopting an Ordinance amending Fiscal Year 2013-2014
Budget – M. Dolby
(j)
Consider approval or other action regarding a Resolution amending the City of La Porte’s
Investment Policy – M. Dolby
City Manager Corby Alexander recommended Item F be removed from the Consent Agendaand
brought back atthe December meetingin order for staff to obtain additional information.
Regarding Item C, Councilmember Martin questioned if staff canprovide ridership numbers.
Assistant City Manager Traci Leach advised the latest numbers are from August 2013, but she can
obtain updated numbers and providethemto Council. Councilmember Martin questioned why the
City’s share of the bus service agreement was $3,000.00 less than last year. Ms. Leach responded
it is due to fewer rides for paratransit services.
Regarding Item H, Councilmember Martin questioned why the half court has to be removed and
who is responsible for the removal. Parks and Recreation Director Stephen Barr responded the half
court will be removed in-house, and itis the potential site for the spraypark.
CouncilmemberLeonardmoved to approve the Consent AgendaItems A-E and G-J pursuant to
MOTION PASSED.
staff recommendations. Councilmember Engelkenseconded.
Ayes: Mayor Rigby, Councilmembers Clausen,Martin, Engelken,
Kaminski, Zemanek, Leonard and Moser
Nays: None
Absent:Councilmember Mosteit
Ordinance 2013-3500
Prior to Council vote, AssistantCity Attorney Clark Askins read the caption of : AN
ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE, TEXAS,
FOR THE PERIOD OF OCTOBER 1, 2012 THROUGH SEPTEMBER 30, 2013; FINDING THAT ALL
THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF
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SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
7.PUBLIC HEARINGS AND ASSOCIATED ORDINANCES
(a)Public Hearing
to receive comments regarding recommendation by the Tax Increment
Reinvestment Zone No. 1 Board of Directors to accept and adopt amendments to TIRZ
No.1 Project Plan and Reinvestment Zone Financing Plan in connection with proposed
enlargement of TIRZ No. 1 boundaries – S. Livingston
The public hearing was opened at 6:20p.m.
Economic Development Coordinator Scott Livingston presented a summary.
Jeff Anderson, Beazer Homes, addressed Council and advised the proposed homes are 2200-2300
square feet onaverage and are valued from $196,000.00-$200,000.
Councilmember Zemanek commented he has concerns with the proposed information and feels
people are being misled with the information given.
Councilmember Martin commented Beazer is a good builder with aniceproduct.
Paul Groman provided information regarding projects in various cities with Beazer Homes and the
good quality of the homes being built.Mr. Groman also added if the home cost of $175,000.00 is
not achieved, it is a tremendous financialloss due to not being able to obtain the TIRZ incentives.
It is to their advantage to ensure homes are sold at $175,000 and above.
Councilmember Zemanek read the agenda request and commented his concern was a proposed
subdivision with 73homes starting at $175,000.00.Mr. Groman responded with 14neighborhoods
complete and 7 morein process, the numbers are achievable, plus a good margin.
Ken Schick,4105 Crawford Rd., Spicewood TX, addressed Council as the landowner of the 32
acres and requested the entire piece of property be approved into the TIRZ.
Robert Guerra, 342 Joshway, addressed Council and requested the item be tabled until it can be
researched.
David Janda, 412 Spencer Landing East, addressed Council also in favor of postponing the item.
Economic Development Coordinator Scott Livingston advised the Tax Increment Reinvestment
Zone No. 1 Board of Directors recommended enlarging the boundaries of TIRZ No. 1, City of La
Porte, Texas.
The public hearing was closed at 6:42p.m.
(b)
Consider approval or other action regarding an Ordinance enlarging the boundaries of TIRZ
No. 1, City of La Porte, Texas – S. Livingston
CouncilmemberZemanekmoved to tableItems 7b, c, e, and guntil the December 9, 2013, Council
MOTION PASSED.
meeting.Councilmember Moserseconded.
Ayes: Mayor Rigby, Councilmembers Engelken, Kaminski, Zemanek,
Leonard and Moser
Nays: Councilmembers Clausen and Martin
Absent:Councilmember Mosteit
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(c)
Consider approval or other action regarding an Ordinance accepting and adopting the
amended TIRZ No. 1 Project Plan and Reinvestment Zone Financing Plan – S. Livingston
Item tabled until the December 9, 2013, meeting. See minutes for Item 7b.
(d)Public Hearing
to receive comments regarding recommendation by the Planning and
Zoning Commission to approve an update to the Future Land Use Plancomponent of the
Comprehensive Plan of the City of La Porte to change future land use classification for tract
located northwest of Sens Road and Spencer Highway from commercial to low-density
residential – T. Tietjens
Item tabled until the December 9, 2013, meeting. See minutes for Item 7b.
(e)
Consider approval or other action regarding an Ordinance adopting an update to the Future
Land Use Plan component of the Comprehensive Plan of the City of La Porte to change
future land use classification for tract located northwest of Sens Road and Spencer
Highway, from commercial to low-density residential – T. Tietjens
Item tabled until the December 9, 2013, meeting. See minutes for Item 7b.
(f)Public Hearing
to receive comments regarding recommendation bythe Planning and
Zoning Commission to approve Rezone Request # 13-92000002, for the rezoning of a
17.3705-acre-tract of land located northwest of Sens Road and Spencer Highway, from
General Commercial (GC) to Low Density Residential (R-1) – T. Tietjens
Item tabled until the December 9, 2013, meeting. See minutes for Item 7b.
(g)
Consider approval 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 of a
17.3705-acre-tract of land located northwest of Sens Road and Spencer Highway from
General Commercial (GC) to Low Density Residential (R-1) – T. Tietjens
Item tabled until the December 9, 2013, meeting. See minutes for Item 7b.
8.AUTHORIZATIONS/RESOLUTIONS/ORDINANCES
(a)
Consider approval or other action awarding bid # 13023 to Aztec Remodeling and
Landscape in the amount of $195,082.00 and adding an additional $25,000.00 for
contingency for a total project budget of $220,082.00 for new Fire Station No. 1 –D.
Ladd/R. McPhail(Postponed at the October 14, 2013, meeting until October 28, 2013,
meeting.)
Assistant Fire Chief Donald Ladd presented a summary.
Councilmember Moser questioned if the lighting for the parking lot has been resolved. Assistant
Fire Chief Donald Ladd respondedthe lighting was in the pricing of the bid.Mr. Ladd and staff will
look at additional lighting to match the Fire Station better which will tie into that on San Jacinto.
Mr. Ladd also added there is decorative lightning that matchesthe Fire Station, and no cheap box
lightingwill be used.Councilmember Moser asked if it will address the concern of the neighbors
on the south side of the Fire Station. Mr. Ladd responded the lightning concernis being looked at
bystaff, and bids have been received; but it is not a part of this project. Mr. Ladd also added
money is set aside for the project, andstaff is working to make sure the lights will tie in with the low
voltage in order for all of the lights to come on at the same time.
CouncilmemberMosermoved to approve the awardbid #13023 aspresented by staff.
MOTION PASSED.
Councilmember Kaminskiseconded.
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Ayes: Mayor Rigby, Councilmembers Clausen, Martin, Engelken,
Kaminski, Zemanek, Leonard and Moser
Nays: None
Absent:Councilmember Mosteit
(b)
Consider approval or other action authorizing the Fire Department to place an order for the
third fire truck in the 5-truck series agreement, with an additional 1.5% for additionalsafety
equipment– D. Ladd
Assistant Fire Chief Donald Ladd presented a summary.
CouncilmemberEngelkenmoved to authorize the Fire Department to place an order for the third
fire truck in the 5-truck series agreement, with an additional 1.5% for additional safety equipmentas
MOTION PASSED.
presented by staff. Councilmember Kaminskiseconded.
Ayes: Mayor Rigby, Councilmembers Clausen, Martin, Engelken,
Kaminski, Zemanek, Leonard and Moser
Nays: None
Absent:Councilmember Mosteit
9. DISCUSSION OR OTHER ACTION
(a)
Discussion or other action regarding Quarterly Report on Planning Audit – T. Tietjens
Planning Director Tim Tietjens presented a summary.
City Manager Corby Alexander advised Council the Quarterly Report on the Planning Audit is to let
Council knowwhere staff is on implementing recommendations that were generated during the
audit.
Councilmember Zemanek commented hedoesn’trecall discussing a mission statement. Planning
Director Tim Tietjens advised the department updated its mission statement, guiding principles and
primary objectives.
Councilmember Moser askedwhythe change of the department name. Mr. Tietjens responded
Planning and Development more accurately reflectsthe services provided.
(b)
Discussion or other action regarding adoption of a City Council policy regulating publication
of Councilmember(s)-specific newsletters – Mayor Rigby
Mayor Rigby presented a summaryand advised if the practice of distributing individual Council
newsletters continues, a policy should be considered inregards to publishing close to election
dates and the proper use of taxpayers’ dollars.
Councilmember Engelken commented when he sent out a newsletter four years ago, it was sent to
address a specific need; and if a policy is adopted, it should specify that if a certain need arises, it
can be addressed after being brought to Council for approval.
Councilmember Leonard commented he is not in favor of limitinga quarterly report to two districts
and would rather have it open for all of Council due to somedistricts may have very limited news
available. Councilmember Leonard then questioned if news becomesavailable in between
quarterly newsletters, can another newsletter be issued in case of an emergency? Assistant City
Manager Traci Leach responded it is up to Council; and whatever they wish to do in regards to a
policy, staff will comply.
Councilmember Zemanek commented the newsletter can be generic for the entire city and not
Council specific with pictures but maybe a picture of the entire Council.
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Councilmember Engelken commented he agreed each Councilmember could have a page in the
newsletter if they have news to report.
Mayor Rigby and Councilmember Kaminski agreed with having a quarterly newsletter.
Councilmember Leonard commented all of Council will have input for the newsletter, and names
are unimportant.
Council agreed on a quarterly newsletter consisting of news for the entire city, and staff will come to
Council for approval of any district-specific newsletter.
No policy was adopted.
10. REPORTS
(a)
Receive report of Fiscal Affairs Committee – Councilmember Engelken
Councilmember Engelken provided a report of the Fiscal Affairs Committee which took place at a
meeting held just prior to this council meeting.
(b)
Receive report from Perdue Brandon of Delinquent Tax accounts – K. Powell
Jason Bailey with Perdue Brandon provided a report of Delinquent Tax accounts.
Councilmember Leonard questioned how the Debakey property willbe settled.Mr.Bailey advised
the probate will be reviewed to see if a specific Debakey own the property or if all of the heirs will be
sued.
Councilmember Zemanek questioned if the 52properties are the only oneswith delinquency
issues, and will the other delinquent properties be resolved in the fiscal year. Mr. Bailey responded
no.Councilmember Zemanek questioned what happenedto the delinquent reports dating back
from 1986 to present. Mr. Bailey responded City reports indicate rolls that have already gone
through the processand have been struck off but continue to appear until they have been sold.
Councilmember Moser questioned if the 1225-footlots were inventory. Mr. Bailey responded no,
they are not in suit or inventory of the City and have not been put intowithlitigation.
Mayor Rigby asked Council if they wanted the firm to expedite the properties that are marketable.
All of Council was in agreement.
Councilmember Zemanek advised he would like the firm to proceed with Tax Account I.D. # 933,
871, and 137 that have marketable issues. Mr. Bailey informed the firm can only foreclose on
41.62% interest of the property of Tax Account I.D. #933because the other interest is undivided
interest and is not delinquent. Mr. Bailey added the City would not be able to transfer 100%
ownership in the interest and would not be able to sellor own the entire piece of property.
Councilmember Zemanek advised he would still like the firm to proceed.
Mayor Rigby asked Council if they all agreed to expedite the nine properties and accomplish what
can be done with the 22properties, confirm with the neighbors on the single lots with notice
and include the three lots Councilmember Zemanek would like to be included. All of Council
agreed.
(c)
Receive Delinquent Tax Report – T. Leach
Assistant City Manager Traci Leach provided a Delinquent Tax Reportand asked Council if they
would like to continue receiving the report. Council advised they would like to continue receiving the
report once a month, including the delinquent taxes that arepaid.
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11.ADMINISTRATIVE REPORTS
(a)
Receive report from City Manager
La Porte Development Corporation Board Meeting, Monday November 11, 2013
City Council Meeting, Monday, November 11, 2013
Thanksgiving Holiday, Thursday November 28, 2013 and Friday, November 29, 2013
City Council Meeting, Monday, December 9, 2013
La Porte Development Corporation Board Meeting, Monday December 9, 2013
City Manager Corby Alexander congratulated the Finance Department for receiving the GFOA
Popular ReportingAward, the Distinguished Budget Award and the Distinguished Financial
Reporting Award.Mr. Alexander expressed his appreciation to the Finance Department.
12.COUNCIL COMMENTS
regarding matters appearing on the agenda; recognition of community
members, city employees, andupcoming events; inquiry of staff regarding specific factual
information or existing policies– Councilmembers Moser, Kaminski, Zemanek,Leonard, Engelken,
Mosteit, Clausen, Martin, and Mayor Rigby.
Councilmember Moser congratulated Finance Director Michael Dolby and staff, the “Employees of
the (Third) Quarter” Chris Muska, Chris Gaitan and Jeff Ellison and commented Nicola Wells’
presence will be missed; Councilmembers Kaminski, Zemanek, Leonard and Engelken
congratulated Finance Director Michael Dolby and staff, the “Employees of the (Third) Quarter”
Chris Muska, Chris Gaitan and Jeff Ellison and commented Nicola Wells’ presence will be missed,
and commented the Gala at Sylvan Beach Pavilion was a wonderful event; Councilmember
Clausen congratulated Finance Director Michael Dolby and staff, the “Employees of the (Third)
Quarter” Chris Muska, Chris Gaitan and Jeff Ellison and wished Nicola Wells the best during her
retirement and future endeavors, apologized for not being able to attend the Gala at Sylvan Beach
Pavilion and commended the Police Department for their work during the Shelter In Place last
Friday; Councilmember Martin commented he attended the ribbon cutting and the Gala atSylvan
Beach Pavilion, congratulated the Groundbreaking for the Animal Shelter, congratulated Nicola
Wells on her retirement, advised everyone about the Thanksgiving Day Meal that will be held at the
Neighborhood Center and sent a shout out to Denny Lundyfor a job well done; and Mayor Rigby
wished Nicola Wells well in her retirement and commended the individualswhoorganized the Gala
at Sylvan Beach Pavilion.
13.EXECUTIVE SESSION
The City Council reserves the right to meet in closed session on any agenda item should the need
arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government
Code.
Texas Government Code, Section 551.071 (2) –
Consultation with City Attorney:Meet with City
Attorney, City Manager and Municipal Court Judge to discuss Municipal Court 2013 Assessment
Report.
City Council recessed the regular meeting to convene an executive session at 7:45p.m. to meet
with the City Attorney, City Manager and Municipal Court Judge to discuss Municipal Court’s2013
Assessment Report
14. RECONVENE
into regular session and consider action, if any, on item(s) discussed in executive
session.
The regular meeting was reconvened at 8:45p.m.
City Councilreceived an executive summary of the Municipal Court audit and the changes
implemented during the audit and received legal advice.
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15. ADJOURN
There being no further business, Councilmember Engelkenmoved to adjourn the meeting at
MOTION PASSED
8:47p.m. Councilmember Leonard seconded. .
_______________________________
Patrice Fogarty, City Secretary
Passed and approved on November 11, 2013.
________________________________
Mayor Louis R. Rigby
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested November 11,2013
Source of Funds:N/A
Requested By: Patrice Fogarty
Account Number:N/A
Department:City Secretary
Amount Budgeted:N/A
Report Resolution: X Ordinance:
Amount Requested: N/A
Exhibit:Resolution
Budgeted Item:YESNO
SUMMARY & RECOMMENDATION
Action Required by Council:
Approved for City Council Agenda
Corby D. Alexander, City Manager Date
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested November 11, 2013
Source of Funds:
Requested ByPatrice Fogarty
Account Number:
Department:City Secretary
Amount Budgeted:
Report Resolution: X Ordinance:
Amount Requested:
Exhibits: Harris County Appraisal District Memo
Budgeted Item:YESNO
Exhibits: Resolutionand Certificate of Ballot
SUMMARY & RECOMMENDATION
Action Required by Council:
Approved for City Council Agenda
Corby D. Alexander, City Manager Date
CERTIFICATION OF BALLOT
FOR BOARD OF DIRECTORS
HARRIS COUNTY APPRAISAL DISTRICT
th
I, LOUIS R. RIGBY, certify that on the 11 day of November, 2013, the City Council of the
City of La Porte did by resolution cast its ballot for the following nominee to serve as a member
of the Board of Directors of the Harris County Appraisal District.
Ed Heathcott \[ X \]
I further certify that a true and correct copy of the resolution casting such ballot is
attached hereto.
WITNESS MY HAND this ____ day of November, 2013.
_________________________________
Louis R. Rigby
Mayor
ATTEST:
__________________________
Patrice Fogarty, City Secretary
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested: November 11, 2013
019 (Drainage Fee)
Source of Funds: 033 (Street Tax)
Requested By:David Mick
Account Number:
Department:Public Works
019 ($60,000)
Amount Budgeted:033 ($150,000)
Report: ___Resolution:_____Ordinance:_________
019 ($ 18,000)
Amount Requested: 033 ($109,950)
Budgeted Item:YESNO
Exhibit:Cobb FendleyProfessional Services Proposal
SUMMARY & RECOMMENDATION
Requested Design Allocation: $127,950 (FY 13_14)**
Updated Construction Budget Estimate: $1,700,000 (FY 14_15)**
Benefits:
Liabilities:
Operating Costs:
Action Required by Council:
Approved for City Council Agenda
Corby D. Alexander Date
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested: 11-11-13
Source of Funds:
Requested By:Kenith Adcox
Account Number:
Department:Police
Amount Budgeted:
Report: X Resolution: Ordinance:
Amount Requested:
Exhibits: FY 2013 Chapter 59 Asset Forfeiture Report By Law
Budgeted Item:YESNO
Enforcement Agency and Related Financial Records Back Up
SUMMARY & RECOMMENDATION
Action Required by Council:
Approved for City Council Agenda
Corby D. Alexander Date
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: November 11, 2013
_______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 XNO
Exhibits:
1.Ordinance
2.Utility Easements (2)
3.Deedto Adjacent Owners (3)
4.Area Map
SUMMARY & RECOMMENDATION
______________________________________________________________________________
Action Required of Council:
Approved for City Council Agenda
______________________________________________________
Corby D. Alexander, City Manager Date
ORDINANCE NO. 2013-________________
AN ORDINANCE VACATING, ABANDONING AND CLOSINGA PORTION OF THE,
TH
WEST “E” STREET RIGHT-OF-WAYAND THE SOUTH 14STREET RIGHT-OF-
WAY, LA PORTE, HARRIS COUNTY, TEXAS; RETAININGUTILITY EASEMENTS
ANDAUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE
ADJOINING LANDOWNERS, FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of La Porte has been
requested by the record ownersof all of the property abutting
the hereinafter described portion of the West “E” Street Right-
th
of-Wayand the South 14Street Right-of-Way,to vacate,
abandon, and permanently close the hereinafter described portion
th
of the West “E” Street Right-of-Way and the South 14 Street
Right-of-Way, La Porte, Harris County, Texas; and,
WHEREAS, the City Council of the City of La Porte has
determined and does hereby find, determine, and declare that the
hereinafter described portion of the West “E” Street Right-of-
th
Wayand the South 14Street Right-of-Wayisnot suitable,
needed, or beneficial to the public as a public road, street, or
alley, and the closing of hereinafter described portion of the
th
West “E” Street Right-of-Wayand the South 14Street Right-of-
Wayis for the protection of the public and for the public
interest and benefit, and that the hereinafter described portion
th
of the West “E” Street Right-of-Wayand the South 14 Street
Right-of-Wayshould be vacated, abandoned, and permanently
closed.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
Under and by virtue of the power granted to
the City of La Porte under its home rule charter and Chapter
253, Section 253.001, Texas Local Government Code, the
hereinafter described portion of the West “E” Street Right-of-
th
Street Right-of-Way is hereby permanently
Wayand the South 14
vacated, abandoned, and closed by the City of La Porte, to wit:
“TRACT ONE” – WEST “E” STREET:
A 15,960 square foot portion of the West “E” Street
Right-of-Way (60’ wide),being generally illustrated
on Exhibit “A” incorporated by reference herein, and
further described by metes & bounds as follows:
BEGINNINGat a point at the intersection of the east
th
line of the South 15Street Right-of-Way and the
south line of West “E” Street Right-of-Way, said point
being the northwest corner of Block 826, La Porte;
THENCE in an easterly direction,along the south
right-of-way line of West “E” Street,a distance of
266 feet to a point at the northeast corner of Block
826, La Porte, said point being on the west line of
th
the South 14 Street Right-of-Way;
THENCE in a northerly direction, crossing the West “E”
Street Right-of-Way, a distance of 60 feet to a point
at the southeast corner of Block 795, La Porte;
THENCE in a westerly direction, along the north right-
of-way line of West “E” Street, adistance of 266 feet
to a point at the southwest corner of Block 795, La
Porte;
THENCE in a southerly direction, along the projected
th
east right-of-way line of South 15Street, a distance
of60 feet to the northwest corner of Block 826, La
Porte and the POINT OF BEGINNING of the herein
described Tract One.
TH
“TRACT TWO” – SOUTH 14 STREET:
th
A 24,000 square foot portion of the South 14 Street
Right-of-Way (60’ wide) being generally illustrated on
Exhibit “A” incorporated by reference herein, and
further described by metes & bounds as follows:
BEGINNINGat a point at the intersection of the west
th
line of the South 14Street Right-of-Way and the
south line of West “D” Street Right-of-Way, said point
being the northeast corner of Block 795, La Porte;
THENCE in an easterly direction, along the projected
south right-of-way line of West “D” Street, a distance
of 60 feet to a point at the northwest corner of Block
794, La Porte, said point being onthe east line of
th
the South 14 Street Right-of-Way;
THENCE in a southerly direction, along the east line
th
of the South 14Street Right-of-Way, a distance of
400 feet to a point at the southwest corner of Block
794, La Porte;
THENCE in a westerly direction, along the projected
north line of the West “E” Street Right-of-Way to its
th
intersection with the west line of the South 14
Street Right-of-Way, to a point at the southeast
corner of Block 795, La Porte;
THENCE in a northerly direction, along the west line
th
of the South 14Street Right-of-Way, a distance of
400 feet to the POINT OF BEGINNING of the herein
described Tract Two.
Section 2.
TheCity of La Porte hereby retains for
itself, its successors and assigns, the following easements to
wit:
“EASEMENT ONE” – 20’ WIDE PUBLIC UTILITY EASEMENT:
A 5,320 square foot area out of the West “E” Street
Right-of-Way (60’ wide), being generally illustrated
on Exhibit “B” incorporated by reference herein, and
further described by metes & bounds as follows:
BEGINNING at the northwest corner of Block 826, La
Porte;
THENCE in an easterlydirection, along the south line
of the West “E” Street Right-of-Way, a distance of 266
feet to a point at the northeast corner of Block 826,
La Porte;
THENCE in a northerly direction, along the west line
th
of the projected South 14Street Right-of-Way, a
distance of 20feet to a point on the projected west
th
line of the South 14 Street Right-of-Way;
AREA MAP
8
789
S. 14th ST. CLOSING
(20' U.E. - RETAINED)
T R-O-W
W 'D' S
8
794
795
796
8
8
T
W E S
W 'E' ST R-O-W
1
5
15
15
827
826
825
W. "E" ST. CLOSING
(20' U.E. - RETAINED)
Legend
ABANDONED R-O-W
W F ST
SEWER MAIN
8
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested:November 11, 2013
Source of Funds: 001
Requested By: Jeff Suggs
Account Number: 00160665194055
Department: IT
Amount Budgeted:$ 246,000.00
Report: Resolution: Ordinance:
Amount Requested: $ 176,058.00 (FY14)
Exhibits:Sungard Agreement
Exhibits: Slides from FY 14 Budget Presentation
Budgeted Item:YES
SUMMARY & RECOMMENDATION
TOTAL PER 5-YEAR CONTRACT
$1,174,579.32
Action Required by Council:
Approved for City Council Agenda
Corby D. Alexander, City Manager Date
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: November 11, 2013
_______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: _______________
Budgeted Item: YES XNO
Exhibits:
1.Ordinance
2.Area Map
SUMMARY & RECOMMENDATION
____________________________________________________________________________________________
Action Required of Council:
____________________________________________________________________________________________
Approved for City Council Agenda
__________________________________________________________
Corby D. Alexander, City Manager Date
AREA MAP
TRACT TWO
TRACT ONE
PT. ALLEY BLOCK 727, LA PORTE
SOUTH 18TH ST. R-O-W
(16' x 48.50' = 776 SQ. FT.)
(60' x 307.5-' = 18,450 SQ. FT.)
MAIN ST
W
727
726
W "A" ST
751
Legend
Abandoned Right-of-Way
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: November 11, 2013
______N/A___________
Source of Funds:
Tim Tietjens
Requested By:
Account Number:______N/A__________
Department: Planning
Amount Budgeted: _____N/A___________
Report: ___Resolution: _X_Ordinance: ___
Amount Requested: ____N/A__________
Budgeted Item: YES NO
Exhibits:
Resolution
Description Memo
SSPEED Center GraphicSlides
SUMMARY& RECOMMENDATION
an
additional six inchesabove what would have otherwise been the surge levelof a major
hurricane
Action Required by Council:
Approved for City Council Agenda
__________________________________ _______________________
Corby Alexander,City Manager Date
Council Agenda Item
November 11, 2013
8. (a) Receive report ofLa Porte Development Corporation Board – Councilmember
Engelken
***********************************************************************************
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested November 11, 2013
Source of Funds:
Requested By: Traci Leach
Account Number:
Department:Administration
Amount Budgeted:
Report X Resolution: Ordinance:
Amount Requested:
Exhibits: Screenshot of Proposed Website
Budgeted Item:YESNO
Exhibits:
SUMMARY & RECOMMENDATION
Since November 1, 2013, the City has been handling tourism promotion efforts on behalf of the
12 hotel/motel properties located in La Porte. As part of this effort, several initiatives have been
implemented or are underway. Staff is in the process of meeting personally with each hotelier
and has been developing a marketing plan to maximize stays in La Porte and address areas of
need, as identified by the hoteliers.
At this time, staff will demo the proposed tourism website for the City. It links seamlessly to the
City’s current site but makes it very easy for potential visitors to La Porte to find everything
from lodging to restaurants to activities and events. A screen shot of the Home page for the
visitor site is attached as an exhibit to provide the Council with an idea of the visual look and
feel of the site. Should Council desire to move forward with this site, it can be live by November
15, 2013.
Action Required by Council:
None.
Approved for City Council Agenda
Corby D. Alexander, City Manager Date
Council Agenda Item
November 11, 2013
9.ADMINISTRATIVE REPORTS
(a)
Receive report from City Manager
Zoning Board of Adjustment Meeting, Tuesday, November 12, 2013
Thanksgiving Holiday, ThursdayNovember 28, 2013 and Friday, November
29, 2013
City Council Meeting, Monday, December 9, 2013
La Porte Development Corporation Board Meeting, Monday December 9,
2013
Christmas Holidays, Tuesday, December 24, 2013 and Wednesday,
December 25, 2013
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 Kaminski, Zemanek,
Leonard, Engelken, Mosteit, Clausen, Martin, Moser 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, ofthe
Texas Government Code.
12. RECONVENE
into regular session and consider action, if any, on item(s) discussed in
executive session.
***********************************************************************************
Council Agenda Item
November 11, 2013
13. ADJOURN
***********************************************************************************
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LOUIS R.RIGBY Q L DARYL LEONARD
Mayor CourcRmember Dlsirkl3
IOHNZEMANEK 'L 9 TOMMYMOSER
Coundlmember At Urge A t, 'A CouncilmeMMmber Dishid4
DOME KAMINSKI CY
Coundimember At Urge B MaySAYor
MARTIN
Lp
MIKE MOSTBT �} MayorC st&t T.
Councllmember Districtl ,_ faKAe / CwndlmemIKE LAUSEN
CHUCK ENOELKEN MIKE CIAUSEN
Coundlmember pztrld 2 Councfinember District 6
AGENDA ADDENDUM
Notice is hereby given of an ADDENDUM to the regular meeting agenda of items coming before the
City Council of La Porte City at a meeting to be held on Monday, November 11, 2013, at 6:00 p.m. at:
City Hall — Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, for the purpose of
considering the following agenda items. All agenda items are subject to action.
7. AUTHORIZATIONSIRESOLUTIONSIORDINANCES
(b) Consider approval or other action authorizing the City Manager to draft an amendment to the
La Porte-Bayshore Chamber of Commerce contract and include the additional funding in the
upcoming quarterly budget amendment—T. Leach
In 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 November 11,2013,Agenda Addendum of items to be considered by the City Council was
posted on the City Hall bullettiinn board on November 7,2013,at 2:50 p.m.
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested November 11.2013 Appropriation
Requested By: Mayor Rigby Source of Funds; 037
Department: Account Number:
'., Report Resolution: Ordinance: Amount Budgeted: SMAM
Exhibits: Chamber of Commerce Contract Amount Requested: TBD by Council
Exhibit$: rratemu..te rn..d R..mma y Budgeted Item: YES NO
Exhibit: Proposal from Chamber ofCommerce
SUMMARY&RECOMMENDATION
The City is in the final year of a three-year contract with the La Porte-Bayshore Chamber of
Commerce, which expires on September 30, 2014. The annual payment to the Chamber is
$70,000 for the promotion and attraction of tourism to the City. The largest tourist event hosted
by the Chamber is the Sylvan Beach Day Festival.
Ms. Colleen Hicks, president of the Chamber,has requested that the Council consider additional
funding to the Chamber for the purpose of securing higher quality musical acts to the Sylvan
Beach Day Festival. Ms.Hicks will be present to discuss this item with the Council.
Should the Council desire to provide additional funding,staff requests authorization to:
1. Draft a contract amendment to include any additional funding amount;and
2. Include this amount in the upcoming quarterly budget amendment.
Action Required by Council:
Provide direction to staff on whether to move forward with an amendment to the Chamber of
Commerce contract and include the additional funding in the upcoming quarterly budget
amendment.
Approved for City Council Agenda
'. cGorby .Alexander,C(ty Manager Date
THESI'AIEOFTEXAS
COUNTY OF HARRIS
This agreement made and entered into effective the 1a day of October 2011,by and between
the City of La Pon,a municipal mtpontion,hereinafter called"City",and The La Porte—
Bayshote Chamber of Commerce,a non-profit corporation chattered under the Ins of the
Stare of Tens,hereinafter called"Chamber,"
WTINESS :
WHEREAS,City,as authorized by Texas Tax Code Chapter 351,has an ordinance providing
for the assessment and collection of a Hotel Occupancy tax in the City of IA Pont of seven
percent(7%) of the consideration paid by the occupant of a room,space or facility in any
hotel/motd;and
WHEREAS, the Chamber is equipped to advertise and conduct solicitation programs to
acquaint potential uses with public meeting and convention facilities and to pnnmte tourism
and advertise the City of la Porte;and
Wh EREAS,it is to the mutual benefit of the City and Chamber that the City provide finds to
the Chamber for the above stated purposes and that the Chamber use such fends for the above
stated purposes;
NOW,TfEltEFORB,in consideration of the premises and of the mutual covenants herein
contained,City and Chamber hereby agree as fo➢oax
SECTION I.
Chamber shall employ these eftots for general promotional and mist advertising of the
City of la Porte and conducting solicitation and operating programs and conducting special
programs to contract conventions and visitors, including the establishment and operation by
Chamber of a convenfv+nandvisitots bureau.
SECTION 11.
As a consideration for the services set forth in Section 1 hamf,and as part of its obligation
under Chapter 351 of the Texas Tax Code to use local hold occupancy tax finds for attracting
and promoting tourism and the convention and hotel industry,City agrees to pay to Chamber
an amount not to exceed$70,000.00 from funds received by City from its Hotel Occupancy
Tax,in any City fiscal year(being October 1 to September 30 of the following calendar yxac
during the term of this ag,eem=_t according to the payment schedule established in Section
V,herein.However)if in anyyear during the tean of this contract(btglnmingwith the 2011-
2012 fiscal year) the Chambds Sylvan Beach Festival fundraiser should yield more than
$50,000.00 in net proceeds, Chamber agrees to remit to City fifty percent(50%) of each
dollar raised in excess of said$50,000.00 threshold In the event a remittance is nude to the
City such funds shall be deposited into City's hotel occupancy tax fund
The City's obligation to forvarl paymart as established herein is subject to its right m
terminate this agreement at any point during City's fiscal year whh 30 days advance written
notice,as authoslzed in Section XIII of this agreement
SECTION M.
The term of this mnaact is for three (3)years,beginning on October 1,2011 and expiring
on September 30,2014. No less thanninety(90)days prior to the expiration of the initial3-
year tern of this agrwn=4 the City and Chamber may renegotiate the cap level as
'.,. established in Section II.Any increase in the base conmbutlon will be based on the annual
'.... petfonnance report and the annual budget submittal by the Chamber and shall be approved by
City Council
SF.CITON IV.
in the event 30 days advance wriaen notice of temimtion is not received by the other patty
to this agreement at least ninety K days prior to the contract conclusion date at the
expiration of the initial three (3)year tam, this agreement sba]l be extended on the same
tams and conditions for one additional two(2)year term.
SECTION V.
The City shall,on or before the 45th day following the end of each quarter,pay$17,500.00 or
V.of$70,000.00 to the Chambm The quarter wilt end on the 31"day of March,the 30th day
ofJune,the 30th day of September and the 31 day of December of each year.For purposes of
this agreement,Cy shall male the first
quarterly
ed' payment on or before die 45m day following
the
q' '�s p� 30,r
SECTION VL
Chamberagxes that any and all Hotel OccupanryTax funds paid to it by Cityshall beused
only in the following specific areas:
(1) The furnishing of facilities,personnel,and materials for the registration of
convention delegates or teglstnnts;
(2) Advertising and conducting solicitations and prormtional programs to attract
tourists and convention delegates or registrants to the municipality or its vicinity,
or
(3)Advertising and conductiogsolicitations and ptomotional programs to encourage
tourists and converetiondelegates to visit preserved historic sites or museums.
Chamber agrees to conduct a continuing program of advertising and promotion for the
purpose of attracting vishots, tourists, and conventions to the local area and to City by
pablishing and distnbuting brochures and community information packets,by advertising in
various tourists publications and general media publications which are appropriate, by
representing the City at travel shows and other such events,by participating with state and
regional agencies in tourist development of benefit to the local area and to City,and by using
all appropriate means to increase the traveling public's awareness of the resort and
recreational advantages of the local area and City.Chamber further agrees that it will seek to
achieve economic benefit for City through all such activities, that it will provide tourist-
related infomntion about City upon request,and that it will serve as an advisory body to City,
upon request,in matters related to expanding the tourist-dedh'ed economy.
SPCITON VII.
The Chamber agrees that it will record expenditures involved in this program on a monthly
basis in separate accounts.The boob of account will be maintained ma form approved by
the City of La Porte.The Chamber agrees to forward a quarterly report to the City on
expenditures involving the use of City funds.Chamber further agrees that the repottivili be
forwardati on or before the 30a day following the end of the quarter.
SECITON VIII.
The Chamber agrees,yearly,to prepare an annual budget on the use of Hotel Occupancy Tier
finds received from the City of Ira Porte and to submit it to the La Porte City Counol for
approval.The budget submitted to City Council will coincide with the City's fiscal year.For
the year of this agreement the Cluunber agrees to submit its budget for the 2011-2012 fiscal
year to City Council on or before October 1,2011.For all future years,Chamber agrees
to submit its budget on or behore]uly St*of each year Any special program promoted by the
Chamber of Commerce should be included in the annual budget and reporting submitted by
the Chamber.
SECITON DC
Thirty(30)days after September 30,at the end of every City fiscal year included under the
terms of this agreement,the Chamber will furnish to City a performance report of its work
under this sonnet,which shall reflect averal activity,meetings, conventions and conferences
conducted,identity,and amount of advertising conducted,copies of literature produced as
well as a description of direct mailings in the last year,and the expenditures during the year of
the finds received purawntto this ranttact
SECTION X.
The City reserves the tight to audit, utilizing its staff or outside assistance, the annual
financial activity of the Chamber that relates to the use of funds ftom Citis Hotel Occupancy
Tar It is understood and agreed by City and Chamber that Hotel Occupancy Tax funds may
be spent by Chamber for day-to-day operations including supplies, salaries,office rental,
travel expensm,and other administrative costs,if same have been previously approved in the
budget and if directly related to the promotion of tourism The position of the total
administrative costs for which Hotel Occupang Tax revenues are expended may not exceed
the actual administrative costs for these activities.
SECI'ION XL
It is understood and agreed that Chamber shall not in any sense be considered a partner or
joint ventures with City,nor shall Chamber be considered not in any manner bold itself out as
an agent or official representative of City. Chanter shall be considered an independent
contractor for the purposes of this agreement and dual in no manner incur any expenses or
liability on behalf of City.
SECI1ONfl
Chamber does further Agree to hold City hamnlew from my and all claims by third parties for
any injuries,damage of liability occasioned by Chamber In connection with this agreement
SECTIONXIIL
It is understood and agreed that this contact shall be terminated upon occurrence of any of
the following events:
a.The giving of 30 days advance written notice of termination by either party to the
other party,if received by the non-terminating patty at least ninety(9ii)days prior to
the date P of conclusion of this contract at the end of either the initial term or the
(two )year renewal torn;
b.The termination of the corporate existence of Chamber,
e.TheMIvecryofChambe;the fMogofapetition.mbanluuptry,nit erbyoragainst
Chambc,or an assignment by Chamber for the benefit of creditor;
d.The breach by Chamber of any of the turns and conditions of this ageenen t and the
continuation of such breach for a period often (10)days Afterwdtten notice is given
by City to Chamber of suchbreach,
.-. SECTIONXIV.
In the event of the tetminatlon of this agreernent as provided in Section XIIIhcreot the City
shell pro-ate,to the date of teen nation,the quamrlypayments made in Section V.
SECTION XVI
This contact is not assignable
SECTION XVI.
Any notice requited to be given under the tans and pmvisicns of this agreement shall be
effective if and when given In writing and deposited in the United States Mall,cettified or
regissteted mall,return receipt requested, on the date so deposited and addressed to the
mspective parties as Hallows:
City Manager
Oty oflaParm
604 WestFaimutPatkkway
Is Porte,Ta ss 77571
President
la Porte-Bayslwa Chambet of Comomtce
PO Box 996
La Porte,Texas 77572,0996
SECTIONXVIL
All the terms,condition and stipulations of this contract am subject to all applicable federal
laws, and Charar of the City of la Pon,all ordinances passed pursuant thereto and all
judicial determinations relative thereto.
I
I
WIINL S OURHANIZ cf cdve the 1p day of Ormber,2311.
City of La Porte
IauisRBigb➢,Mayot
City Seerreetary
'., Attorney
IAPORIE—RAY&flR
CRAM�ROPODWE tcE
By:
Attest
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:A—n-22 2011 Appropriation
Requested By: Roo Bonoms OM Manager Source of Fuods: HoteVMotel
Deparimeon As i ktratinn Account Number: 03760635656016
Report: Resolution: Ordinaoee: Amount Budgeted: a70na0
Exhibits: Agreement Amount Requested:S?.^^0a
Exhibits: Budgeted Item: Yea
Fibibits:
SUMMARY&RECOMMENDATION
The existing contract between the City of La Porte and the La Porte-Bayshore Chamber of
Commerce for the purpose of advertising the City and conducting solicitation programs to
promote tourism within the City will expire on September 30,2011. During negotiations,it was
agreed to renew the agreement with the Chamber with an increased base contribution of$70,000
per year(up from$50,000)based on the following key provision:
• If, in any year during this contract (beginning with the 2011-2012 fiscal year), the
Chamber's Sylvan Beach Festival fundraiser should yield more than $50,000 in net
proceeds, the Chamber agrees to remit to the City fifty percent of each dollar raised in
excess of said$50,000. Any remittance of funds under this provision would be deposited
in the Hotel Motel Fund of the City.
There were no other changes made to the agreement and it remains the same as the previous 3-
year agreement. The proposed agreement would expire on September 30,2014.
Action Required by Council:
Consider approval of an agreement between the City of La Porte and the La Porte-Bayshore
Chamber of Commerce.
Approved for City Council Agenda
Ron Bottoms,City Manager Date
City of La Porte
Hotel/Motel Occupancy Tax Fund(037)Summary
Beginning FhndBalance 9/30/12 $ 1,030,518
Plus Estimated 12-13 Revenues 505,500
Less Estimated 12-13 OperatingExprnditures 566.669
Reserve for Mainsheet 25,632
Total Expenditure,&Commitments 592,301
E,tmaled FundBalwae 9/30/73 943,717
Plus 1114 Revwae,:
Occupancy Tax 500,000
Interest Income 1,500
Total Revenue 501,500
Equab TolaIReswrces 1,445$17
Less 1114 Expenditures:
Hotel/Motel Operations 414,378
TYansfer to General CIP Fund 165.000
Total Expenditures 579,378
findtag RandBalanee 99&74 $ 865,839
Estimated Prodeoled
2012-13 2013-14
'�. Revenues S 505,500 S 501,500
Expenditures&Commimtenis 592,301 579,378
Revenues overExpendimres $ (86,801) $ (77,878)
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