HomeMy WebLinkAbout01-13-20 Regular Meeting of the La Porte City Council
LOUIS RIGBY
BILL BENTLEY
Mayor
Councilperson District 3
BRANDON LUNSFORD
Mayor Pro Tem
Councilperson At Large A
THOMAS GARZA
STEVE GILLETT
Councilperson District 4
Councilperson At Large B
JAY MARTIN
DANNY EARP
Councilperson District 5
Councilperson District 1
NANCY OJEDA
CHUCK ENGELKEN Councilperson District 6
Councilperson District 2
LA PORTE CITY COUNCILAGENDA
MONDAY, JANUARY 13, 2020
REGULAR SESSION 6 P.M.
CITY COUNCIL CHAMBER
LA PORTE CITY HALL, 604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, 77571
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the
City Secretary s office (281-470-5021) two working days prior to the meeting for appropriate arrangements.
MAIN SESSION \[6:00 P.M.\]
CALL TO ORDER
INVOCATION AND PLEDGES
United States Flag and Texas Flag (Honor the Texas Flag. I pledge allegiance to thee, Texas, one
state, under God, one, and indivisible.)
- An invocation will be given by Clark Askins, Assistant City Attorney and the pledges will be led by
Councilperson Jay Martin.
1. PUBLIC COMMENTS (Generally limited to five minutes per person; in accordance with state law, the
time may be reduced if there is are a number of speakers or other considerations.)
2. CONSENT AGENDA (Approval of Consent Agenda items authorizes each to be implemented in
accordance with staff recommendations provided. An item may be removed from the Consent Agenda
and added to the Statutory Agenda for full discussion upon request by a member of the Council present
at this meeting)
(a) Approve the minutes of the meeting held on December 9, 2019. \[Mayor Louis Rigby\]
(b) Award Sealed Bid #20002 for Main Street Sidewalk Improvements to Brooks Concrete, Inc., and
authorize the City Manager to execute a construction contract in the amount of $270,466.75, and
approve a contingency of $28,000.00, for a total authorization of $298,466.75 \[Ray Mayo, Public
Works Director\]
(c) Adopt Ordinances Nos. 2020-IDA-102 through 2020-IDA-133, authorizing the execution of Industrial
District Agreements with companies in the Battleground and Bayport Industrial Districts, for a twelve-
year term beginning January 1, 2020. \[Corby Alexander, City Manager\]
(d) Award Bid #20006 for the Recreation and Fitness Center roof replacement project to Lessman
Roofing and Sheetmetal LLC, authorize the City Manager to execute a construction contract in the
amount of $186,777.13, and approve construction contingency of $18,678, for a total authorization
of $205,455.13. \[Rosalyn Epting, Director, Parks and Recreation\]
(e) Award Sealed Bid #20005 for LPAWA Transmission Line Valve Replacement to Android
Construction Services, LLC, authorize the City Manager to execute a construction contract in the
amount of $78,000.00, and approve a construction contingency of $7,800.00, for a total authorization
of $85,800.00. \[Ray Mayo, Director of Public Works\]
(f) Adopt Ordinance 2020-3771 calling the May 2, 2020, general election for the purpose of electing a
Councilperson—District 1, a Councilperson—District 6, and a Councilperson-at-large–Position B.
\[Mayor Rigby\]
(g) Approve contract renewal with Superion for a two-year term, for use of the ONESolution ERP
system. \[Grady Parker, IT Manager\]
3. PUBLIC HEARINGS AND ASSOCIATED ITEMS
(a) The City Council will hold a public hearing to receive comments regarding a recommendation by
the Planning and Zoning Commission to adopt Ordinance 2020-3770 amending Chapter 106,
“Zoning” of the City of La Porte Code of Ordinances in connection with a review and update to
Chapter 106, “Zoning”; followed by discussion and possible action to adopt Ordinance 2020-3770.
\[Ian Clowes, City Planner\]
4. STATUTORY AGENDA
(a) Presentation, discussion, and possible action to authorize the Mayor to execute an agreement with
the La Porte - Bayshore Chamber of Commerce for general promotional and tourist advertising of
the City of La Porte, to conduct solicitation and operating programs, and to conduct special
programs to contract conventions and visitors, including the establishment and operation by the
Chamber of a convention and visitors bureau, in the annual amount of $165,000.00 for a term of
three (3) years beginning on October 1, 2019, and expiring on September 30, 2022. \[Jason Weeks,
Assistant City Manager\]
(b) Presentation, discussion, and possible action to adopt Ordinance 2019-3758, amending the Council
Rules of Procedure and Ethics Policy. \[Mayor Louis Rigby\]
5. REPORTS
(a) Receive a report on the Drainage and Flooding Committee meeting. \[Councilperson Martin\]
6. ADMINISTRATIVE REPORTS
• Planning and Zoning Commission meeting, January 16
• Zoning Board of Adjustment meeting, January 23
• La Porte Development Corporation Board meeting, January 27
• City Council meeting, January 27
• Fiscal Affairs Committee meeting, March 9
7. 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.
8. EXECUTIVE SESSION
a. The City Council will convene in closed session as authorized by Texas Government Code Section
551.087 for deliberation regarding economic development negotiations to discuss a potential
incentive program for a new business.
9. RECONVENE
a. Take action on Executive Session items, if necessary.
ADJOURNMENT
_____________________________________________________________________________________
If, during the course of the meeting and discussion of any items covered by this notice, City Council determines that a
Closed or Executive Session of the Council is required, then such closed meeting will be held as authorized by Texas
Government Code, Chapter 551, Section 551.071 - consultation with counsel on legal matters; Section 551.072 - deliberation
regarding purchase, exchange, lease or value of real property; Section 551.073 - deliberation regarding a prospective gift;
Section 551.074 – personnel matters regarding the appointment, employment, evaluation, reassignment, duties, discipline,
or dismissal of a public officer or employee; Section 551.076 - implementation of security personnel or devices; Section
551.087 - deliberation regarding economic development negotiation; Section 551.089 - deliberation regarding security
devices or security audits, and/or other matters as authorized under the Texas Government Code. If a Closed or Executive
Session is held in accordance with the Texas Government Code as set out above, the City Council will reconvene in Open
Session in order to take action, if necessary, on the items addressed during Executive Session.
CERTIFICATE
I, Lee Woodward, City Secretary, do hereby certify that a copy of the January 13, 2020, City Council agenda was posted on the City Hall bulletin
board, a place convenient and readily accessible to the general public at all times, and to the City's website, LaPorteTX.gov, in compliance with
Chapter 551, Texas Government Code.
DATE OF POSTING
TIME OF POSTING
TAKEN DOWN
Lee Woodward
Lee Woodward, City Secretary
LOUIS RIGBY
BILL BENTLEY
Mayor
Councilperson District 3
BRANDON LUNSFORD
Mayor Pro-Tem
Councilperson At Large A
THOMAS GARZA
STEVE GILLETT
Councilperson District 4
Councilperson At Large B
JAY MARTIN
DANNY EARP
Councilperson District 5
Councilperson District 1
NANCY OJEDA
CHUCK ENGELKEN
Councilperson District 6
Councilperson District 2
MINUTES OF THE REGULARMEETING OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
DECEMBER 9, 2019
The City Council of the City of La Portemet in a regularmeetingonMonday, December9,2019,at the City Hall
Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m., with the following in attendance:
Councilpersons present: Louis Rigby, Brandon Lunsford, Steve Gillett, Danny Earp, Chuck Engelken, Bill Bentley,
Thomas Garza, Jay Martin, Nancy Ojeda
Councilpersons absent: None
Council-appointed officers present: Corby Alexander, City Manager; Lee Woodward, City Secretary; Clark Askins,
Assistant City Attorney
CALL TO ORDER – Mayor Rigby called the meeting to order at 6:00 p.m.
2. INVOCATION – The invocation was given by Assistant City Attorney Clark Askins.
PLEDGES – The pledges of allegiance to the U.S. and Texas flags were led by Councilperson Nancy Ojeda.
3. PRESENTATIONS, PROCLAMATIONS, AND RECOGNITIONS
(a) Recognition – La Porte TIFI Cowboys Senior Football Team. \[Mayor Rigby\]
4. PUBLIC COMMENTS (Generally limited to five minutes per person; in accordance with state law, the time may be
reduced if there is a high number of speakers or other considerations.)
Chuck Rosa spoke in support of campaign signs and the freedom of municipal Christmas decorations. Justin
Bennett addressed concerns about his proposed project on the agenda for this evening as item 5d.
5. CONSENT AGENDA (Approval of Consent Agenda items authorizes each to be implemented in accordance with
staff recommendations provided. An item may be removed from the consent agenda and added to the Statutory
Agenda for full discussion upon request by a member of the Council present at this meeting.)
(a) Approve the minutes of the regular session held on November 11, 2019. \[Mayor Louis Rigby\]
(b) Authorize the City to convey a 16-inch wide permanent easement to HSC Pipeline Partnership, LLC for
the construction of a 16” Ethylene Pipeline. \[Corby D. Alexander, City Manager\]
(c) Authorize the City Manager to enter into a two-year agreement with Sutphen Corporation for the
purchase of two new fire trucks at a total cost of $1,011,329.05, under BuyBoard contract #571-18.
\[Donald Ladd, Assistant Fire Chief\]
(d) Adopt Ordinance 2019-3768, for the purpose of vacating, abandoning, and closing a portion of two
separate alleys and two separate road rights-of-way, located in Blocks 1143 and 1144, Town of La Porte.
\[Ian Clowes, City Planner\]
(e) Adopt Resolution 2019-19 to cast the City's ballot for Mike Sullivan for the HCAD Board of Directors
representative for cities other than Houston. \[Mayor Rigby\]
(f) Approve the Mayor's appointment of James Edwards to serve the remainder of the current term for
Place 17 on the Harris-Galveston Subsidence District (HGSD) Board of Directors. \[Mayor Rigby\]
(g) Approve the encumbrance rollover for fiscal year 2019. \[Michael Dolby, Finance Director\]
(h) Adopt Ordinance 2019-3769 authorizing and ordering the issuance, sale, and delivery of City of La Porte
General Obligation Refunding Bonds, Series 2020. \[Michael Dolby\]
(i) Approve the purchase of HPE Nimble Storage system hardware expansion under DIR contract 176-025-
1479-000. \[Grady Parker, IT Manager\]
Page 1 of 3
December 9, 2019, Council Meeting Minutes
(j) Award Bid #20001 for the Sylvan and Jefferson Paving and Rehabilitation Project to Tandem Services,
LLC, and authorize the City Manager to enter into a construction contract in the amount of $880,100.00,
plus $50,000.00 contingency, for a total authorization of $930,100.00. \[Ray Mayo, Public Works Director\]
(k) Authorize the award of Sealed Bid #20003 for plastic garbage bags. \[Ray Mayo, Public Works Director\]
Without objection, Councilperson Earp proposed that the agreement in item b be amended in its item 2 so that
burial was at a minimal depth of 36” and nothing lesser permitted. City Manager Alexander reported that on
item d, the developer has agreed to the City’s appraisal and to abide by the Tier 2 façade requirements per the
previously approved SCUP. Councilperson Garza asked to pull items d, e, and j. Councilperson Bentley moved
to approve the consent agenda items a, b (with amendment), c, f, g, h, i and k; the motion was adopted, 9-0.
Councilperson Earp moved to approve item d(amended as to the $4.50 appraisal rate and adherence to the
requirements of the SCUP, as noted above) to adopt Ordinance 2019-3768 for street and alley closure request
#19-25000006, vacating and abandoning a portion of two (2) separate 15-foot wide alleys and a portion of the
15th Street and 14th Street rights-of-way, adjacent to the property legally described as Lots 1-32, Block 1143
and Lots 1-32, Block 1144, and authorize the City Manager to execute a deed to the adjacent property owner
for the subject right-of-way. The motion was adopted, 8-1, Councilperson Garza voting against.
Councilperson Earp moved to approve item e to cast the City’s ballot for Mike Sullivan to serve as the HCAD
board member in the position representing cities other than the City of Houston and adopt Resolution 2019-19
in support of same; the motion was adopted, 8-1, Councilperson Garza voting against.
Councilperson Bentley moved to approve item j to award Bid #20001 for the Sylvan and Jefferson Paving and
Rehabilitation Project to Tandem Services, LLC and authorize the City Manager to enter into a construction
contract for base bid items at $744,265 and use of additive bid items totaling $135,835.00, and approval of
construction contingency of $50,000, for a total authorization of $930,100.00. The motion was adopted, 9-0.
6. STATUTORY AGENDA
(a)Presentation, discussion, and possible action regarding the Parks, Recreation, and Open Space Master
Plan from Halff Associates, Inc. \[Rosalyn Epting, Director, Parks and Recreation\]
Aaron Tuley of Halff Associates, Inc. provided an update on the Master Plan.
(b) Presentation and discussion on adoption of Ordinance 2019-3758, to amend the Council Rules of
Procedure and Ethics Policy. \[Mayor Rigby\]
Mayor Rigby moved to appoint a subcommittee to review the Rules of Procedure and Ethics Policy composed
of Councilmember Earp as the chair, and Councilpersons Bentley and Garza, to include the City Manager, City
Secretary, and Assistant City Attorney, to meet on its own schedule, and expected to report back to the Council
in January; the motion was adopted, 9-0.
(c) Presentation, discussion, and possible action regarding the Council Drainage Committee's
recommendation to proceed with proposed drainage projects using City funds in lieu of waiting for
grant funding award determinations and to provide staff direction on how to proceed with the utilization
of the funds. \[Lorenzo Wingate, City Engineer\]
Councilperson Earp moved to approve the Drainage and Flooding Committee’s recommendation to proceed
with engineering and design work for drainage projects for Bayside Terrace and Little Cedar Bayou, using City
funds in lieu of waiting for grant funding award determinations; the motion was adopted, 9-0.
7. REPORTS
(a) Receive a report on the Drainage and Flooding Committee meeting. \[Councilperson Martin\]
Councilperson Martin reported on the Drainage and Flooding Committee meeting (primarily during the
consideration of item 6c), relaying that, due to the experience of the last twenty years, the Committee concluded
it was appropriate to move forward with engineering and design for Bayside Terrace and Little Cedar Bayou,
and put a hard deadline of the end of March for Brookglen and F101-06-00, as was approved tonight.
(b) Receive a report on the Fiscal Affairs Committee meeting. \[Councilperson Engelken\]
Councilperson Engelken reported on the Fiscal Affairs meeting, saying the Committee received the purchasing
card expenditure and fourth quarter investment reports of the Finance Department.
Page 2 of 3
December 9, 2019, Council Meeting Minutes
8. ADMINISTRATIVE REPORTS
• Planning and Zoning Commission meeting, Thursday, December 19, 2019
• City Council Meeting, Monday, January 13, 2020
• La Porte Development Corporation Board meeting, Monday, January 27, 2020
City Manager Corby Alexander invited the Council to the City Hall brunch on Thursday at 10 a.m.
9. 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 thanked the Drainage and Flooding Committee members for their important work; urged all to
spread care and good cheer; shared the success of Christmas on Main Street and acknowledged the Chamber for
their participation in it; asked everyone to be safe over the holidays; voiced concern over the length of the stoplight
by the post office; congratulated the La Porte TIFI Cowboys Senior Football Team; thanked the Parks Department
for Breakfast with Santa; advised caution on City expenditures; articulated distress over the social media attacks
regarding the Rules of Procedure and Ethics Policy review; shared anticipation for the Parks Master Plan; recalled
Thanksgiving and the time of year to reflect on the blessings of the work of the City staff; recognized the Fire
Department for the Santa Claus visits around town; noted that the community was divided on sidewalks and trails;
discussed last month’s La Porte Half Marathon and thanked all the departments and volunteers involved;
congratulated EMS for their recent award as the best in the state; congratulated the City Secretary on being named
as a Trustee for the Texas Municipal Clerks Association for 2020; and wished all a Merry Christmas and a Happy
New Year.
ADJOURN – Without objection, Mayor Rigby adjourned the meeting at 8:16 p.m.
_______________________________
Lee Woodward, City Secretary
Page 3 of 3
December 9, 2019, Council Meeting Minutes
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:January 13, 2020
Source of Funds:General Fund CIP
Requested By: Ray Mayo, Director
Department: Public Works
Account Number: 015-7071-531-1100
Amount Budgeted: $384,340.00
ReportResolution Ordinance
Amount Requested: $298,466.75
Exhibits: Engineers Recommendation, Bid Tabulation
Budgeted Item:Yes No
and Bid from Brooks Concrete, Inc.
SUMMARY
Approved in FY 2018-19 Budget was a Capital Improvement Project for a pedestrian sidewalk
from Broadway to the La Porte City limits (at Morgan’s Point city limits) along the south side of
East Main Street. This project does not encompass any sections west of Broadway. East Main
sidewalk completed design near the end of the FY 2018-19 budget year. It is anticipated that
work would begin within 30 days after a contract execution with a project time of 120 calendar
days.
Sealed Bid #20002, Main Street Sidewalk Improvements, was opened and read on November
14, 2019. Sixty-eight (68) vendors were notified, with thirty-eight (38) contractors downloading
the bid documents. Four (4) Bids were received. Brooks Concrete, Inc. submitted the lowest
bid in the amount of $270,466.75. Brooks Concrete has performed multiple jobs for the City in
the past and has an established record of excellent performance. Staff’s recommendation is to
award Sealed Bid #20002 to Brooks Concrete, Inc. in the amount of $270,466.75 and a
construction contingency of $28,000.00 (~10%). Total authorization for Main Street Sidewalk
Improvements will be $298,466.75
RECOMMENDED MOTION
I move to award Sealed Bid #20002 for Main Street Sidewalk Improvements to Brooks
Concrete Inc. and authorize the City Manager to enter into a construction contract totaling
$270,466.75 and approval of construction contingency of $28,000, for a total authorization
of $298,466.75.
r
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:January13, 2020
Source of Funds:N/A
Requested By: Corby Alexander
Department: Finance
Account Number: N/A
Amount Budgeted:N/A
ReportResolution Ordinance
Amount Requested: N/A
Exhibits: Copy of Ordinance
Budgeted Item:Yes No
Copy of 2019 Industrial District Agreement
SUMMARY
The City and Industry have agreed to renew the provisions of the Industrial District Agreement for a
twelve year period. The current agreements expired on December 31, 2019, the common date for the
Battleground and Bayport Industrial Districts.
The City mailed 171 Industrial District Agreements on September 20, 2019. Council has approved a
thth
total of 101 agreements at the October 28and November 11 meetings.
Staff recommends City Council authorize the execution of Industrial District Agreements with the
following industries:
OrdinanceNumberIndustrial Company
2020-IDA-102
SouthCentral Industrial Properties VII, LP
2020-IDA-103
Port Central Service Center, LP
2020-IDA-104
Bayport North (dba IWS Gas and Supply of Texas, Ltd)
2020-IDA-105
DCT Petroport, LLC
2020-IDA-106
GWB Investments, LP
2020-IDA-107
EurecatU.S. Incorporated
2020-IDA-108
Southern Ionics Incorporated
2020-IDA-109
Nouryon Functional Chemicals
2020-IDA-110
Nouryon Functional Chemicals
2020-IDA-111
Albemarle Corporation
2020-IDA-112
Dana Tank Container, Inc.
2020-IDA-113
NRG Texas Power, LLC (Bertron)
2020-IDA-114Texas Genco Services LP
2020-IDA-115
NRG Texas Power, LLC (San Jacinto)
2020-IDA-116
CAP Investing 21 NC LLC
2020-IDA-117
Acomon
2020-IDA-118
Greif Bros. Corporation
2020-IDA-119
Good Year Tire & Rubber Company
2020-IDA-120
Houston Polymer Terminal, LP
2020-IDA-121
Duke Realty, LP
2020-IDA-122
Duke Realty, LP
2020-IDA-123
Hydro-Fairmont Real Estate, LLC
2020-IDA-124
Air Products and Chemicals, Inc.
2020-IDA-125Air Products, LLC
2020-IDA-126
BayparkIndustrial Properties
2020-IDA-127
Dolima Industrial Properties
2020-IDA-128
Richard & Barbara Barnes
2020-IDA-129
La Porte Terminal LP
2020-IDA-130
Ineos Oligomers USA, LLC
2020-IDA-131
Valley La Porte, LLC
2020-IDA-132
Kuraray America, Inc.
2020-IDA-133
Clean Harbors La Porte, LLC
RECOMMENDED MOTION
Consider approval of the ordinances 2020-IDA-102 through 2020-IDA-133authorizing the execution
by the City of La Porte of Industrial District Agreements listed above.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
ORDINANCE NO. 2020-IDA-01
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE,
TEXAS OF AN INDUSTRIAL DISTRICT AGREEMENT WITH
______________________________________, INC, A _______________________
CORPORATION, FOR THE TERM COMMENCING JANUARY 1, 2020, AND ENDING
DECEMBER 31, 2031; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING
TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;AND
PROVIDING AN EFFECTIVE DATE HEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1.________________________, Inc, a ___________Corporationhasexecuted an industrial
district agreement with the City of La Porte, Texas, for the term commencing January 1, 2020, and
ending December 31, 2031, a copy of which is attached hereto,incorporated by reference herein, and
made a part hereof for all purposes.
Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La
Porte,Texas,be and they are hereby, authorized and empowered to execute and deliver on behalf of
the City of La Porte, Texas, the industrial district agreement with the corporation named in Section 1
hereof.
Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written
notice of the date, hour, place and subject of this meeting of the City Council was posted at a place
convenient to the public at the City Hall of the City for the time required by law precedingthis
meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this
meeting has been open to the public as required by law at all timesduring which this ordinance and
the subject matter thereof has been discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the contents and posting thereof.
Section 4. This ordinance shall be effective from and after itspassage and approval, and it is so
ordered.
PASSED and APPROVED, this________________day of ___________________, 2019.
CITY OF LA PORTE, TEXAS
________________________________
Louis R. Rigby, Mayor
ATTEST: APPROVED AS TO FORM:
___________________________________ __________________________________
Lee Woodward, City Secretary Clark T. Askins, Assistant City Attorney
NO. 2020 IDA-__'
'
STATE OF TEXAS '
'
COUNTY OF HARRIS '
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal corporation of Harris County,
Texas, hereinafter called "CITY", and ____________________________
______________, a _______________________ corporation, hereinafter
called "COMPANY",
W I T N E S S E T H:
WHEREAS, it is the established policy of the City Council of
the City of La Porte, Texas, to adopt such reasonable measures from
time to time as are permitted by law and which will tend to enhance
the economic stability and growth of the City and its environs by
attracting the location of new and the expansion of existing
industries therein, and such policy is hereby reaffirmed and
adopted by this City Council as being in the best interest of the
City and its citizens; and
WHEREAS, pursuant to its policy, City has enacted Ordinance
No. 729, designating portions of the area located in its
extraterritorial jurisdiction as the "Battleground Industrial
District of La Porte, Texas", and Ordinance No. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the "Bayport Industrial District of La Porte, Texas",
hereinafter collectively called "District", such Ordinances being
in compliance with the Municipal Annexation Act of Texas, codified
as Section 42.044, Texas Local Government Code; and
WHEREAS, Company is the owner of land within a designated
Industrial District of the City of La Porte, said land being
legally described on the attached Exhibit "A" (hereinafter "Land");
and said Land being more particularly shown on a plat attached as
Exhibit "B", which plat describes the ownership boundary lines; a
site layout, showing all improvements, including pipelines and
railroads, and also showing areas of the Land previously annexed by
the City of La Porte; and
WHEREAS, City desires to encourage the expansion and growth of
industrial plants within said Districts and for such purpose
desires to enter into this Agreement with Company pursuant to
Ordinance adopted by the City Council of said City and recorded in
the official minutes of said City:
NOW, THEREFORE, in consideration of the premises and the
mutual agreements of the parties contained herein and pursuant to
the authority granted under the Municipal Annexation Act and the
Ordinances of City referred to above, City and Company hereby agree
with each other as follows:
I.
City covenants, agrees and guarantees that during the term of this
Agreement, provided below, and subject to the terms and provisions
of this Agreement, said District shall continue to retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the Land belonging to Company and its
assigns, unless and until the status of said Land, or a portion or
portions thereof, as an industrial district may be changed pursuant
to the terms of this Agreement. Subject to the foregoing and to
the later provisions of this Agreement, City does further covenant,
agree and guarantee that such industrial district, to the extent
that it covers said Land lying within said District and not now
within the corporate limits of City, shall be immune from
annexation by City during the term hereof (except as hereinafter
provided) and shall have no right to have extended to it any
services by City, and that all Land, including that which has been
heretofore annexed, shall not have extended to it by ordinance any
rules and regulations (a) governing plats and subdivisions of land,
(b) prescribing any building, electrical, plumbing or inspection
code or codes, or (c) attempting to exercise in any manner whatever
control over the conduct of business thereon; provided, however, 1)
any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, State Highway 225, or State
Highway 146, shall be subject to the rules and regulations attached
hereto as Exhibit "C" and made a part hereof, 2) intermodal
shipping containers (including but not limited to freight and tank
containers) placed on Land belonging to Company shall be permitted
to be stacked wide
portion of Land contiguous to either Fairmont Parkway,
State Highway 225, or State Highway 146;
strip, intermodal shipping containers shall be eligible to be
stacked one additional container in height within and for each
behind and following
height, regardless of distance from Fairmont Parkway, State Highway
225, or State Highway 146; and 3) it is agreed that City shall have
the right to institute or intervene in any administrative and/or
judicial proceeding authorized by the Texas Water Code, the Texas
Clean Air Act, the Texas Health & Safety Code, or other federal or
state environmental laws, rules or regulations, to the same extent
and to the same intent and effect as if all Land covered by this
Agreement were not subject to the Agreement.
II.
In the event that any portion of the Land has heretofore been
annexed by City, Company agrees to render and pay full City ad
valorem taxes on such annexed Land and improvements, and tangible
personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended), the
appraised value for tax purposes of the annexed portion of Land,
improvements, and tangible personal property shall be determined by
the Harris County Appraisal District. The parties hereto recognize
2
that said Appraisal District has no authority to appraise the Land,
improvements, and tangible personal property in the unannexed area
for the purpose of computing the "in lieu" payments hereunder.
Therefore, the parties agree that the appraisal of the Land,
improvements, and tangible personal property in the unannexed area
shall be conducted by City, at City's expense, by an independent
appraiser of City's selection. The parties recognize that in
making such appraisal for "in lieu" payment purposes, such
appraiser must of necessity appraise the entire (annexed and
unannexed) Land, improvements, and tangible personal property.
Nothing herein contained shall ever be interpreted as lessening the
authority of the Harris County Appraisal District to establish the
appraised value of Land, improvements, and tangible personal
property in the annexed portion, for ad valorem tax purposes.
III.
A. The properties upon which the "in lieu of" taxes are assessed
are more fully described in subsections 1, 2, and 3 of subsection
C, of this Paragraph III (sometimes collectively called the
"Property"); provided, however, pollution control equipment
installed on the Land which is exempt from ad valorem taxation
pursuant to the provisions of Sec. 11.31 of the Texas Property Tax
Code is exempt from ad valorem taxation and "in lieu of taxes"
hereunder. Property included in this Agreement shall not be
entitled to an agricultural use exemption for purposes of computing
B. On or before the later of December 31, 2020, or 30 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 2031, Company
shall pay to City an amount in lieu of taxes" on Company's
Property as of January 1st of the current calendar year ("Value
Year").
C. Company and City agree that the following percentages
Value Year 2020: 64%
Value Year 2021: 64%
Value Year 2022: 64%
Value Year 2023: 64%
Value Year 2024: 64%
Value Year 2025: 64%
Value Year 2026: 64%
Value Year 2027: 64%
Value Year 2028: 64%
Value Year 2029: 64%
Value Year 2030: 64%
Value Year 2031: 64%
Company agrees to pay to City an amount of
personal property in the unannexed area equal to the sum
of:
3
1. Percentage Amount of the amount of ad valorem taxes
which would be payable to City if all of the Company's
Land and improvements which existed on January 1, 2020,
and each January 1 thereafter of the applicable Value
Year during the term of this Agreement, (excluding
amounts which would be so payable with respect to any
Substantial Increase in value of such Land and
improvements to which subparagraph 2, below applies),
had been within the corporate limits of City and
appraised each year by City's independent appraiser, in
accordance with the applicable provisions of the Texas
Property Tax Code; and
2. (a) On any Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) dedicated to new
construction, in excess of the appraised value of
same on January 1, 2019, resulting from new
construction (exclusive of construction in
progress, which shall be exempt from taxation), for
each Value Year following completion of
construction in progress, an amount equal to Thirty
percent (30%), where construction is completed in
Value Years 2020 through 2031, of the amount of ad
valorem taxes which would be payable to City if all
of said new construction had been within the
corporate limits of City and appraised by City's
independent appraiser, in accordance with the
applicable provisions of the Texas Property Tax
Code. The eligible period for application of said
thirty percent (30
total of six (6) Value Years.
In the case of new construction which is completed
in Value Year 2028 or later, and provided, further,
that City and Company enter into an Industrial
District Agreement after the expiration of this
Industrial District Agreement, then, and in such
events, such new construction shall be entitled to
additional Value Years under the new Agreement at a
Thirty percent (30%) valuation under this
subparagraph (a), for a total of six (6) Value
Years, but not extending beyond Value Year 2034.
In the case of new construction which was completed
in Value Years 2016 through 2019 in accordance with
the previous Industrial District Agreement between
City and Company, such new construction shall be
subject to a Twenty percent 20%)valuation through
Value Year 2022, and a Thirty (30%) valuation for
any additional Value Years beyond Value Year 2022,
for a total of six (6) Value Years.
(b) Application of the thirty percent (30
rate for Substantial Increase in value of the Land,
4
improvements, and tangible personal property
dedicated to new construction is limited to new
construction purposed for or related to
manufacturing and processing uses. In no case shall
Company be entitled to application of the thirty
percent (30%)
Increase in value of the Land, improvements, and
tangible personal property dedicated to new
construction where the new construction is purposed
for or related to uses for warehousing, storage,
distribution, and/or general freight trucking and
transportation, as well as general commercial
uses, such as truck stops, rental facilities, or
repair shops.
(c) A Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) as used in subparagraph 2(a)
above, is defined as an increase in value that is
the lesser of either:
i. at least Five percent (5%) of the total
appraised value of Land and improvements, on
January 1, 2019; or
ii. a cumulative value of at least $3,500,000.00.
For the purposes of this Agreement, multiple
projects that are completed in a Value Year can be
cumulated to arrive at the amount for the increase
in value.
(d) If existing Property values have depreciated below
the Property value established on January 1, 2019,
an amount equal to the amount of the depreciation
will be removed from the calculation under this
subparagraph 2 to restore the value to the January
1, 2019, value; and
3. Percentage Amount of the amount of ad valorem taxes
which would be payable to City on all of the Company's
tangible personal property of every description, located
in an industrial district of City, including, without
limitation, inventory, (including inventory in a federal
Foreign Trade Zone and including Freeport exempted
inventory), oil, gas, and mineral interests, items of
leased equipment, railroads, pipelines, and products in
storage located on the Land, if all of said tangible
personal property which existed on January 1, 2020, and
each January 1 thereafter of the applicable Value Year
during the term of this Agreement, (excluding amounts
which would be so payable with respect to any
Substantial Increase in value of such tangible personal
property to which subparagraph 2, above applies), had
been within the corporate limits of City and appraised
each year by the City's independent appraiser, in
accordance with the applicable provisions of the Texas
5
Property Tax Code.
with the sum of 1, 2 and 3 reduced by the amount of City's ad
valorem taxes on the annexed portion thereof as determined by
appraisal by the Harris County Appraisal District.
4. Notwithstanding the above, should City elect to grant
the freeport inventory exemption authorized by Article
VIII, Section 1-j of the Texas Constitution and Section
11.251 of the Texas Property Tax Code to taxpayers
within the City limits, then the freeport inventory
exemption shall apply to parties to this Agreement.
Further, should inventory or any other class or type of
property become exempt from taxation by constitutional
amendment or act of the Texas Legislature (including,
but not limited to, Article VIII, Section 1-n, of the
Texas Constitution and Section 11.253 of the Texas
Property Tax Code), such class or type of property shall
be exempt for purposes of this Agreement, unless the
City Council of the City of La Porte shall by Ordinance
provide for the continued taxation of such property
under the authority of any applicable provisions of the
Texas Constitution and Texas Statutes.
5. City and Company acknowledge circumstances might require
the City to provide emergency services to Company's
Property described on Exhibit "A" attached hereto.
Emergency services are limited to fire, police, and
public works emergency services. If Company is not a
member of Channel Industries Mutual Aid Association
(CIMA), Company agrees to reimburse City for its costs
arising out of any emergency response requested by
Company to Company's property, and to which City agrees
to respond. If Company is a member of CIMA, the
obligations of Company and City shall be governed by the
CIMA agreement, to which agreement City is a party.
IV.
This Agreement shall extend for a period beginning on the 1st day
of January, 2020, and continuing thereafter until December 31,
2031, unless extended for an additional period or periods of time
upon mutual consent of Company and City, as provided by the
Municipal Annexation Act; provided, however, that in the event this
Agreement is not so extended for an additional period or periods of
time on or before August 31, 2031, the agreement of City not to
annex property of Company within the District shall terminate. In
that event, City shall have the right to commence immediate
annexation proceedings as to all of Company's property covered by
this Agreement, notwithstanding any of the terms and provisions of
this Agreement.
Company agrees that if the Texas Local Government Code Section
, is amended, or any new legislation is thereafter
6
enacted by the Legislature of the State of Texas which imposes
greater restrictions on the right of City to annex land belonging
to Company or imposes further obligations on City in connection
therewith after the annexation of such land, Company will waive the
right to require City to comply with any such additional
restrictions or obligations and the rights of the parties shall be
then determined in accordance with the provisions of said laws as
the same existed on January 1, 2019.
V.
This Agreement may be extended for an additional period or periods
by agreement between City and Company and/or its assigns even
though it is not extended by agreement between City and all of the
owners of all land within the District of which it is a part.
VI.
A. In the event Company elects to protest the valuation for tax
purposes set on its said properties by City or by the Harris County
Appraisal District for any year or years during the terms hereof,
nothing in this Agreement shall preclude such protest and Company
shall have the right to take all legal steps desired by it to
reduce the same.
Notwithstanding such protest by Company, and except as otherwise
provided in Article VI(B), Company agrees to pay to City on or
before the date therefore hereinabove provided, at least the total
of (a) the total amount of ad valorem taxes on the annexed
portions, plus (b) the total amount of the "in lieu of taxes" on
the unannexed portions of Company's hereinabove described property
which would be due to City in accordance with the foregoing
provisions of this Agreement on the basis of renditions which shall
be filed by Company.
When the City or Harris County Appraisal District (as the case may
be) valuation on said property of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days thereafter Company
shall make payment to City of any additional payment due hereunder,
or City shall make payment to Company of any refund due, as the
case may be, based on such final valuation, together with
applicable penalties, interests, and costs.
B. Should Company disagree with any appraisal made by the
independent appraiser selected by City pursuant to Article II above
(which shall be given in writing to Company), Company shall, within
twenty (20) calendar days of receiving , give written
notice to the City of such disagreement. In the event Company does
not give such written notice of disagreement within such time
period, the appraisal made by said independent appraiser shall be
final and controlling for purposes of the determination of "in lieu
of taxes" payments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall also
7
submit to the City with such notice a written statement setting
forth what Company believes to be the market value of Company's
hereinabove described property. Both parties agree to thereupon
enter into good faith negotiations in an attempt to reach an
agreement as to the market value of Company's property for "in
lieu" purposes hereunder. If, after the expiration of thirty (30)
days from the date the notice of disagreement was received by City,
the parties have not reached agreement as to such market value, the
parties agree to submit the dispute to final arbitration as
provided in subparagraph 1 of this Article VI(B).
Notwithstanding any such disagreement by Company, Company agrees to
pay to City on or before December 31 of each year during the term
hereof, at least the total of (a) the ad valorem taxes on the
annexed portions, plus (b) the total amount of the "in lieu"
payments which would be due hereunder on the basis of Company's
written valuations statement submitted to City by Company
hereunder, or the total assessment and "in lieu of taxes" thereon
for the last preceding year, whichever is higher.
1. A Board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be
named by those two. In case of no agreement on this
arbitrator in 10 days, the parties will join in a
written request that the Chief Judge of the U.S.
District Court for the Southern District of Texas
appoint the third arbitrator who, (as the "Impartial
Arbitrator") shall preside over the arbitration
proceeding. The sole issue to be determined in the
arbitration shall be resolution of the difference
between the parties as to the fair market value of
Company's property for calculation of the "in lieu"
payment and total payment hereunder for the year in
question. The Board shall hear and consider all
relevant and material evidence on that issue including
expert opinion, and shall render its written decision as
promptly as practicable. That decision shall then be
final and binding upon the parties, subject only to
judicial review as may be available under the Texas
General Arbitration Act (Chapter 171, "General
Arbitration", Texas Civil Practice and Remedies Code).
Costs of the arbitration shall be shared equally by the
Company and the city, provided that each party shall
bear its own attorneys fees.
VII.
City shall be entitled to a tax lien on Company's above described
property, all improvements thereon, and all tangible personal
property thereon, in the event of default in payment of "in lieu of
taxes" payments hereunder, which shall accrue penalty and interest
in like manner as delinquent taxes, and which shall be collectible
by City in the same manner as provided by law for delinquent taxes.
VIII.
8
This Agreement shall inure to the benefit of and be binding upon
City and Company, and upon Company's successors and assigns,
affiliates and subsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of the property
belonging to it within the territory hereinabove described, and the
agreements herein contained shall be held to be covenants running
with the land owned by Company situated within said territory, for
so long as this Agreement or any extension thereof remains in
force. Company shall give City written notice within ninety (90)
days, with full particulars as to property assigned and identity of
assignee, of any disposition of the Land, and assignment of this
Agreement.
IX.
If City enters into an Agreement with any other landowner with
respect to an industrial district or enters into a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is in effect, which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement.
X.
The parties agree that this Agreement complies with existing laws
pertaining to the subject and that all terms, considerations and
conditions set forth herein are lawful, reasonable, appropriate,
and not unduly restrictive of Company's business activities.
Without such agreement neither party hereto would enter into this
Agreement. In the event any one or more words, phrases, clauses,
sentences, paragraphs, sections, articles or other parts of this
Agreement or the application thereof to any person, firm,
corporation or circumstances shall be held by any court of
competent jurisdiction to be invalid or unconstitutional for any
reason, then the application, invalidity or unconstitutionality of
such words, phrase, clause, sentence, paragraph, section, article
or other part of the Agreement shall be deemed to be independent of
and separable from the remainder of this Agreement and the validity
of the remaining parts of this Agreement shall not be affected
thereby.
XI.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said Land shall terminate.
XII.
Notices by a party to the other party hereto, shall be mailed or
delivered as follows:
To the City of La Porte: City Manager
9
City of La Porte
604 West Fairmont Parkway
La Porte, TX 77571
To Company: ______________________________
(COMPANY)
Attention:___________________ Department
______________________________
______________________________
Company shall promptly notify City of any change of ownership of
Property, any assignment of this Agreement, and of any change of
billing address.
Company shall notify City annually, on or before June 1, of any
changes to the following information:
Plant Manager
Name: _________________________
Address:_________________________
_________________________
Phone: _________________________
Fax: _________________________
Email: _________________________
Tax Agent/Billing Contact
Name: _________________________
Address:_________________________
_________________________
Phone: _________________________
Fax: _________________________
Email: _________________________
ENTERED INTO effective the 1st day of January, 2020.
________________________________
(COMPANY)
By: ______________________________
Name:______________________________
Title:_____________________________
Address:___________________________
____________________________
ATTEST: CITY OF LA PORTE, TEXAS
___________________________ By: ______________________________
City Secretary Louis R. Rigby
Mayor
10
APPROVED:
___________________________ By: ______________________________
Knox W. Askins Corby D Alexander
City Attorney City Manager
City of La Porte
P.O. Box 1218 CITY OF LA PORTE, TEXAS
La Porte, TX 77572-1218 604 West Fairmont Parkway
281.471.1886 La Porte, TX 77571
281.471.2047 fax
knoxaskins@comcast.net
STATE OF TEXAS '
'
COUNTY OF HARRIS '
This instrument was acknowledged before me on the __ day of
___________, 20__, by ____________________, _____________________
of ______________________ corporation, a __________ corporation, on
behalf of said entity.
______________________________
Notary Public, State of Texas
STATE OF TEXAS '
'
COUNTY OF HARRIS '
This instrument was acknowledged before me on the ____ day of
___________, 20__, by Louis R. Rigby, Mayor of the City of La
Porte, a municipal corporation, on behalf of said entity.
______________________________
Notary Public, State of Texas
11
"EXHIBIT A"
(Metes and Bounds Description of Land)
12
"EXHIBIT B"
Attach Plat reflecting the ownership boundary lines; a
site layout, showing all improvements, including
pipelines and railroads, and also showing areas of the
Land previously annexed by the City of La Porte.)
13
"EXHIBIT C"
Page 1 of 3
RULES AND REGULATIONS
Any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, State Highway 225, or State
Highway 146 shall be subject to the following rules and regulations
pertaining to new signage, screening, driveways and median
crossovers, as well as the stacking of intermodal shipping
containers. These rules and regulations shall apply after the
effective date of this Agreement when Company develops or
constructs improvements on vacant Land described in Exhibit "A"
which is adjacent to Fairmont Parkway, State Highway 225, or State
Highway 146.
1. Any sign erected in said 100' strip of land shall be subject
to the following provisions:
One freestanding identification sign shall be permitted
for each side of an industrial establishment that fronts
on an improved public right-of-way.
Freestanding identification signs for single tenant
buildings shall not exceed 150 square feet in area.
One freestanding identification sign for identifying
multiple businesses is allowable at the intersection of
improved public rights-of-way.
Freestanding identification signs for multiple
businesses shall not exceed 350 square feet.
Freestanding identification signs shall not exceed 45
feet in height.
Minimum setback for sign construction shall be ten (10)
feet from property lines.
2. Intermodal shipping containers (including by not limited to
freight and tank containers) shall be permitted to be stacked
only to a maximum of two (2) containers in height in the said
In those instances where shipping containers are
the screening
requirements established in paragraph 3 immediately below
shall apply.
3. When Land adjacent to said 100' strip is developed, the
initial 50' of said strip beyond any existing pipeline
easement contiguous to either Fairmont Parkway, State Highway
225, or State Highway 146 shall be screened by one of the
following techniques:
a) Leaving in place existing trees, vegetation, underbrush,
etc. to provide a thorough and effective visual screening
14
"EXHIBIT C"
Page 2 of 3
of the development. Existing trees shall, together with
other vegetation and underbrush, create a continuous
visual screen.
b) The use of earthen berms with approximately 3:1 side
slopes, 50' wide at the base and 8' high. The berms may
be landscaped with a combination of trees, shrubs, and
ground cover. All berms and landscaping will be
maintained by the property owners.
c) A screening plan, to be approved by the City, that
includes a combination of trees, shrubs, and ground
cover that after 5 years growth will be at least 20 feet
in height and shall, together with shrubs and ground
cover, create a continuous visual screen. Provided,
however, in public utility easements or rights-of-way,
the vegetation shall be installed and maintained in a
manner which is acceptable to the public utility
company, and does not interfere with the operation and
maintenance of the public utility facilities.
For items b and c above, the actual length of required
screening along the roadway will be equal to the length
of the new development that is parallel to the roadway.
Screening shall not be required for new development that
is to the rear of or behind existing facilities.
In all cases the 50' strip, along the entire roadway
frontage, shall be dedicated as a landscape easement and
shall be kept free from any improvements except for
approved driveway access and identification signs.
For cases of new development or improvements where a 50'
landscape easement is not available or practical,
Company shall meet with City to determine a suitable
landscaping alternative.
d) In the case of land contiguous to Fairmont Parkway, in
addition to the other requirements of these Rules and
Regulations, Company shall dedicate to City by Plat a
ten foot (10') wide pedestrian and bicycle easement,
extending along Company's Fairmont Parkway boundary,
within the fifty foot (50') landscape easement. The
pedestrian easement shall not be within any pipeline
facility, except for necessary crossings.
4. Driveways opening from said strip of land onto State Highway
225 or State Highway 146 shall be subject to the rules and
regulations of the Texas Department of Transportation and
provisions of the City's Code of Ordinances, whichever is more
restrictive.
"EXHIBIT C"
15
Page 3 of 3
Driveways opening from said strip of land onto Fairmont
Parkway shall be subject to the rules and regulations of
Harris County and provisions of the City's Code of Ordinances,
whichever is more restrictive.
5. Driveways opening from said strip of land onto Fairmont
Parkway shall be approved by the City and may require the
installation of separate acceleration/deceleration lanes.
6. Installation of a median crossover on Fairmont Parkway shall
be subject to the approval of both Harris County and City.
16
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:January 13, 2020
Source of Funds:General Fund CIP
Requested By: Rosalyn Epting, Director
Department: Parks & Recreation
Account Number: 015-8080-552.11-00
Amount Budgeted: $500,000
ReportResolution Ordinance
Amount Requested: $205,455.13
Exhibits: Bid Tabulation, Access Report, and
Budgeted Item:Yes No
Lessman Roofing Bid
SUMMARY
The Recreation & Fitness Center roof has outlived its useful life, and we are experiencing leaks
in multiple areas. Upon inspecting the roof, we will not be able to make spot repairs; therefore,
replacement is necessary. As you may be aware, the City is in the process of a needs
assessment for this facility. Regardless of the outcome of this assessment, there will be a plan
for future use of this facility. The consultant is aware that we will be putting on a new roof and
the new roof is imperative to maintain the building’s structure for future uses.
Bid # 20006 for the Recreation & Fitness Center Roof Replacement was opened and read on
December 12, 2019. Four (4) bids were received. The ‘Notice to Bidders’ was advertised in
thst
the November 14& 21 editions of the Bay Area Observer, posted on Public Purchase and
the City’s website. Thirty-eight (38) vendors downloaded the bid documents.
Lessman Roofing and Sheetmetal LLC submitted the lowest bid in the amount of $186,777.13.
References have been checked, and all are favorable. The new roof would carry a 20-year
manufacturer’s warranty and a two (2) year workmanship warranty. The project schedule will
be determined during the pre-construction meeting. This is a lump sum bid; therefore, the
contractor will not receive payment until the project is completed.
Funding for this project will come from the $500,000 of Economic Development Corporation
(EDC) Funds that were set aside in fiscal year 2018 for design of the Recreation & Fitness
Center Renovation project. The funds for this project were transferred from the EDC Fund to
the General Capital Improvement Project Fund. Of the $500,000 that is budgeted, $92,661.50
has already been used for design fees, the needs assessment, and a roof engineer. There is
$407,338.50 remaining in this budget.
Staff recommends awarding Bid #20006 to Lessman Roofing and Sheetmetal LLC in the
amount of $186,777.13 and allow a 10% construction contingency of $18,678. Total
authorization for the replacement of the Recreation andFitness Center roof will be $205,455.13.
RECOMMENDED MOTION
I move to award Bid #20006 for the Recreation and Fitness Center roof
replacement to Lessman Roofing and SheetmetalLLC and authorize the City
Manager to enter into a construction contract totaling $186,777.13and approval
of construction contingency of $18,678, for a total authorization of $205,455.13.
Approved for the City Council meeting agenda
Corby D. Alexander, City ManagerDate
$394,737.00
F.W.WALTON, INC.
LLC
$297,960.88
ONTGOMERY
M
SERVICES,
CONSTRUCTION
C.O
$253,200.00
RYCARS
CONSTRUCTION, LLC
186,777.13
LLC
BID TABULATION
AND SHEETMETAL,
LESSMANN ROOFING
Lump Sum
SEALED BID #20006-CITY OF LA PORTE FITNESS CENTER ROOF REPLACEMENT
ITEM Fitness Center Roof ReplacementPer Specifiations
BID OPENING-DECEMBER 12, 2019 AT 2:00 PM
Documents
Bid 20006 City of La Porte Fitness Center Roof Replacment.pdfBid 20006 City of La Porte Fitness Center Roof Replacment.pdfBid 20006 City of La Porte Fitness Center Roof Replacment.pdfBid
20006 City of La Porte Fitness Center Roof Replacment.pdfBid 20006 City of La Porte Fitness Center Roof Replacment.pdfBid 20006 City of La Porte Fitness Center Roof Replacment.pdfBid
20006 City of La Porte Fitness Center Roof Replacment.pdfBid 20006 City of La Porte Fitness Center Roof Replacment.pdfBid 20006 City of La Porte Fitness Center Roof Replacment.pdfBid
20006 City of La Porte Fitness Center Roof Replacment.pdfBid 20006 City of La Porte Fitness Center Roof Replacment.pdfBid 20006 City of La Porte Fitness Center Roof Replacment.pdfBid
20006 City of La Porte Fitness Center Roof Replacment.pdfBid 20006 City of La Porte Fitness Center Roof Replacment.pdfBid 20006 City of La Porte Fitness Center Roof Replacment.pdfBid
20006 City of La Porte Fitness Center Roof Replacment.pdfBid 20006 City of La Porte Fitness Center Roof Replacment.pdfBid 20006 City of La Porte Fitness Center Roof Replacment.pdfBid
20006 City of La Porte Fitness Center Roof Replacment.pdfBid 20006 City of La Porte Fitness Center Roof Replacment.pdfBid 20006 City of La Porte Fitness Center Roof Replacment.pdfBid
20006 City of La Porte Fitness Center Roof Replacment.pdfBid 20006 City of La Porte Fitness Center Roof Replacment.pdfBid 20006 City of La Porte Fitness Center Roof Replacment.pdfBid
20006 City of La Porte Fitness Center Roof Replacment.pdfBid 20006 City of La Porte Fitness Center Roof Replacment.pdfBid 20006 City of La Porte Fitness Center Roof Replacment.pdfBid
20006 City of La Porte Fitness Center Roof Replacment.pdfBid 20006 City of La Porte Fitness Center Roof Replacment.pdfBid 20006 City of La Porte Fitness Center Roof Replacment.pdfBid
20006 City of La Porte Fitness Center Roof Replacment.pdf
Accessed First Time
City of La Porte (TX)20006City of La Porte Fitness Center Roof Replacement
2019-11-14 10:48 AM CST2019-11-20 12:07 AM CST2019-11-18 12:12 AM CST2019-11-24 10:24 PM CST2019-11-15 10:05 AM CST2019-11-14 11:40 PM CST2019-11-14 12:19 PM CST2019-11-14 04:36 PM CST2019-12-06
10:10 AM CST2019-11-14 10:36 AM CST2019-11-21 10:01 PM CST2019-12-04 11:53 AM CST2019-11-14 10:19 PM CST2019-11-20 07:17 AM CST2019-11-26 10:04 AM CST2019-11-14 10:46 AM CST2019-11-14
11:35 AM CST2019-11-15 09:35 AM CST2019-11-18 06:31 AM CST2019-11-14 10:32 AM CST2019-12-01 08:31 AM CST2019-11-14 11:37 PM CST2019-11-26 04:43 PM CST2019-11-17 11:44 PM CST2019-11-22
11:06 AM CST2019-11-15 12:55 AM CST2019-11-25 06:29 AM CST2019-11-15 09:49 AM CST2019-12-04 10:50 AM CST2019-11-14 01:01 PM CST2019-11-17 09:35 PM CST
Vendor Name
Access ReportAgencyBid NumberBid Title
aztec remodeling &landscaping companyTukmol General ContractorPerkens WS CorporationDurba ConstructionBidClerkCMSWayne EnterprisesThe Brothers Group Restoration Services, Inc.Whirlwind
SteelHendee Enterprises The Blue Book Building & Construction NetworkConstructConnectSORYCARS Construction, LLCPerry Building & DesignHearn CompanySmartProcureBrazos Urethane Inc.Lessman
Roofing and SheetmetalDodge Data & AnalyticsK Tillman Construction LLCConstruction Software TechnologiesF. W. Walton, Inc.Construction JournalSeacoast Roofing & Construction LLCIMSThe
Blue Book of Building and ConstructionRain Seal Master Roofing and Sheet Metal Inc.C.O. Montgomery Construction Services LLCOnviaL&L Supplies
Bid 20006 City of La Porte Fitness Center Roof Replacment.pdfBid 20006 City of La Porte Fitness Center Roof Replacment.pdfBid 20006 City of La Porte Fitness Center Roof Replacment.pdfBid
20006 City of La Porte Fitness Center Roof Replacment.pdfBid 20006 City of La Porte Fitness Center Roof Replacment.pdfBid 20006 City of La Porte Fitness Center Roof Replacment.pdfBid
20006 City of La Porte Fitness Center Roof Replacment.pdf
2019-11-14 11:36 PM CST2019-11-26 01:34 PM CST2019-11-25 04:15 PM CST2019-11-14 10:56 AM CST2019-12-06 11:08 AM CST2019-11-14 01:42 PM CST2019-11-14 09:33 PM CST
School Wholesale Supplies LLCAdvanced Starlight InternationalD&G Quality RoofingConstructConnectPRC Roofing Co., Inc.Cherry CompaniesNorth America Procurement Council
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:January 13, 2020
Source of Funds:016-LPAWA
Requested By: Ray Mayo , Director
Department: Public Works
Account Number: 016-7075-533-8021
Amount Budgeted:$180,000
ReportResolution Ordinance
Amount Requested: $85,800.00
Exhibits: Copy of Access Report, Bid Tabulation and
Budgeted Item:Yes No
Bid from Android Construction
SUMMARY
The La Porte Area Water Authority (“LPAWA”) owns and maintains a transmission main from the
City of Houston Southeast Water Plant to each of the delivery points in La Porte, Shoreacres and
Morgan’s Point. Approved by LPAWA Board and City Council in the FY 2019-20 Budget was an
item for valve replacement. This is a repair that exceeds the equipment and capabilities of Public
Works in scope. This work is intended to be accomplished within a 5-day scheduled window to
coincide with a full or partial shutdown of the transmission line. Substantial completion is
anticipated within 90 days following execution of the contract. Additionally, this project was
previously bid in FY 2018-19 with no responders.
Sealed Bid #20005, LPAWA Transmission Line Valve Replacement, was opened and read on
thth
December 5, 2019. The bid was advertised on November 7and November 14in the Bay Area
Observer, posted on Public Purchase, and the City’s website. Fifty-nine (59) vendors were
notified, with twenty-one (21) contractors downloading the bid documents. One (1) Bid was
received. Android Construction Services, LLC submitted a bid in the amount of $78,000. The bid
is within budget and references were checked for the contractor, returning favorable responses.
Staff’s recommendation is to award Sealed Bid #20005 to Android Construction Services, LLC in
the amount of $78,000 and a construction contingency of $7,800.00 (10%). Total authorization
for LPAWA Transmission line valve replacement will be $85,800.
RECOMMENDED MOTION
Imove to award Sealed Bid #20005for LPAWA Transmission Line Valve Replacementto
Android Construction Services, LLC and authorize the City Manager to enter into a
construction contract totaling $78,000.00 and approval of construction contingency of
$7,800.00for a total authorization of $85,800.00.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
Documents
#20005 LPAWA Transmission Main Replacement Project.pdf#20005 LPAWA Transmission Main Replacement Project.pdf#20005 LPAWA Transmission Main Replacement Project.pdf#20005 LPAWA Transmission
Main Replacement Project.pdf#20005 LPAWA Transmission Main Replacement Project.pdf#20005 LPAWA Transmission Main Replacement Project.pdf#20005 LPAWA Transmission Main Replacement Project.pdf#20005
LPAWA Transmission Main Replacement Project.pdf#20005 LPAWA Transmission Main Replacement Project.pdf#20005 LPAWA Transmission Main Replacement Project.pdf#20005 LPAWA Transmission
Main Replacement Project.pdf#20005 LPAWA Transmission Main Replacement Project.pdf#20005 LPAWA Transmission Main Replacement Project.pdf#20005 LPAWA Transmission Main Replacement Project.pdf#20005
LPAWA Transmission Main Replacement Project.pdf#20005 LPAWA Transmission Main Replacement Project.pdf#20005 LPAWA Transmission Main Replacement Project.pdf#20005 LPAWA Transmission
Main Replacement Project.pdf#20005 LPAWA Transmission Main Replacement Project.pdf#20005 LPAWA Transmission Main Replacement Project.pdf#20005 LPAWA Transmission Main Replacement Project.pdf
Accessed First Time
City of La Porte (TX)20005LPAWA Transmission Main Replacement
2019-11-08 05:44 PM CST2019-11-08 08:18 AM CST2019-11-14 11:34 AM CST2019-11-11 04:50 AM CST2019-11-16 01:24 AM CST2019-11-08 05:51 AM CST2019-11-18 02:08 PM CST2019-11-08 11:55 AM CST2019-11-15
04:47 AM CST2019-11-08 01:48 PM CST2019-11-11 09:24 AM CST2019-11-11 12:38 PM CST2019-11-07 08:43 PM CST2019-11-07 07:44 PM CST2019-11-11 12:21 AM CST2019-12-03 06:30 AM CST2019-11-07
05:33 PM CST2019-11-18 11:23 AM CST2019-11-13 11:06 AM CST2019-11-13 10:50 PM CST2019-11-08 09:18 AM CST
Vendor Name
Access ReportAgencyBid NumberBid Title
Dale DobbinsHorseshoe Construction, IncSWCA, IncorporatedPerkens WS CorporationDurba ConstructionBidClerkHVJ Associates, Inc.Water Technology Resources IncThe Blue Book Building & Construction
NetworkConstructConnectAndroid Construction Services LLCHearn CompanySmartProcureDodge Data & AnalyticsConstruction JournalWebtechOnviaL&L SuppliesDodge Data & AnalyticsHajoca CorpNorth
America Procurement Council
BID TABULATION
SEALED BID #20005-LPAWA TRANSMISSION MAIN REPLACEMENT
ITEMANDROID CONSTRUCTION
LPAWA Transmission Main Replacement
Per Specifiations
Lump Sum$78,000.00
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:January 13, 2020
Requested By:Mayor Rigby Source of Funds:General Budget
Department:City Council
Account Number:6067-510-6004
Amount Budgeted:$30,000.00
ReportResolution Ordinance
Amount Requested: $30,000.00
Exhibits:Ordinance 2020-3771
Budgeted Item:YesNo
SUMMARY
The Texas May 2020 uniform election date falls on May 2, 2020. As provided for by law
and in the City Charter, the City will hold a general election for a Councilperson-District
1, a Councilperson-District 6, and a Councilperson-at-large-Position B.
Following the candidate filing period,which ends February 14, 2020,the Council will
review and approve the polling location judges and alternate judges, per Chapter 52 of
the Texas Election Code. Additionally, as has been the practice of the City and in
accordance with relevant state statutes, the Council will consider the annual joint
election agreement and election services contract to hold the election for LPISD, should
it have contested races for the May election.
Ordinance 2020-3771is to call/order the City’s May 2, 2020, general election and any
runoff, if needed.February 14, 2020, is the deadline to order a general election or a
special order on a measure for the May 2, 2020, uniform election date. Per Section
3.007 of the Texas Election Code, failure to order a general election does not affect the
validity of the election, however, proper and timely ordering is highly recommended and
most appropriate.
RECOMMENDED MOTION
I move that the Council adopt Ordinance 2020-3771 calling the May 2, 2020,
general election for the purpose of electing a Councilperson-District 1, a
Councilperson-District 6, and a Councilperson-at-large-Position B.
ORDINANCE NO. 2020-3771
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS,
ND
ORDERING A REGULAR MUNICIPAL ELECTION TO BE HELD ON THE 2DAY OF
MAY,2020, FOR THE PURPOSE OF ELECTING A COUNCILPERSON DISTRICT 1,
COUNCILPERSON DISTRICT 6, AND A COUNCILPERSON-AT-LARGE POSITION B;
DESIGNATING THE PLACES AND MANNER OF HOLDING THE ELECTION; AND
PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
SECTION 1. The regular municipal election of the City of La Porte, Texas, for election of members
of the City Council prescribed by Section 2.03 of the City Charter, shall be held between seven
nd
o'clock (7:00) a.m. and seven o'clock (7:00) p.m. on the 2 day of May 2020, in the city, for the
purpose of electing a Councilperson—District 1, a Councilperson—District 6, and a Councilperson-
at-large–Position B. A run-off election will be held, if necessary, on June 13, 2020, that day being the
second Saturday in June 2020, between seven o'clock (7:00) a.m. and seven o'clock (7:00) p.m.
SECTION 2. The City is hereby divided into six (6) election precincts, corresponding to the
boundaries of the six City Council single-member districts. The boundaries of such districts are as
established, defined, and outlined in Ordinance 2011-3384. The polling places for these election
precincts shall be as follows:
Precinct/District Polling Location
1, 2, 3, and 6 LPISD’s ITC Building, 9832 Spencer Highway, La Porte, 77571
4 and 5 City of La Porte City Hall Council Chambers, 604 West Fairmont Parkway,
La Porte, 77571
SECTION 3. This election shall be held in accordance with, and shall be governed by, the election
laws of the State of Texas. The City Council has determined, pursuant to Chapter 31 of the Texas
Election Code, that the City is authorized to enter into an Election Services Agreement with the La
Porte Independent School District (LPISD), and, pursuant to Chapter 271 of the Texas Election
Code, the City is authorized to enter into a Joint Election Agreement with LPISD and other
participating political subdivisions for this election. The City Secretary and Mayor are hereby
authorized to perform all duties and take all actions as required by any election services contract(s)
and/or joint election agreement(s) that may be authorized by the City Council.
SECTION 4. Any eligible and qualified person may have his or her name upon the official ballot as
an independent candidate by submitting an application, which, in accordance with Texas Election
Code Section 141.031, must be in writing and be signed and sworn to by the candidate and indicate
that the candidate swears to the application. Such application for the general election may be filed
with the City Secretary beginning on January 15, 2020, and must be filed not later than 5:00 p.m. on
February 14, 2020.
SECTION 5. Each Councilperson—District 1, Councilperson—District 6, and Councilperson-at-
large–Position B shall each be elected by majority vote of all the votes cast for the office for which
he or she is a candidate and shall hold office for a period of three (3) years.
SECTION 6. Each candidate for the office of Councilperson-at-large—Position B must be a
resident qualified voter of the City for twelve (12) months immediately preceding election day. Each
candidate for the office of Councilperson-District 1and Councilperson-District 6must be a resident
qualified voter of the City for twelve (12) months immediately preceding election day and must also
be a resident of the district for which he or she files for twelve (12) months immediately preceding
election day, in accordance with Section 2.02(a) of the City Charter.
SECTION 7. Lee Woodward, City Secretary, is appointed as the Early Voting Clerk, and Sharon
Harris, Deputy City Secretary, is appointed as the Deputy Early Voting Clerk, for the joint early voting
in person and voting by mail, and the City of La Porte City Hall, City Council Chamber, 604 West
Fairmont Parkway, La Porte, Texas, 77571, is hereby designated as the Main Early Voting Location
for early voting for the election.
Applications for ballot by mail shall be mailed, faxed, emailed, or delivered by common or contract
carrier to:
Lee Woodward, City Secretary
City of La Porte
604 West Fairmont Parkway
La Porte, Texas 77571
Phone: 281-470-5021 Fax: 281-842-3701 Email: CitySecretary@LaPorteTX.gov
The places at which Early Voting by personal appearance shall be conducted are designated as the
La Porte City Hall, 604 West Fairmont Parkway, La Porte, Texas, (main early voting polling place),
and the Instructional Technology Center (ITC Building), 9832 Spencer Highway, La Porte, Texas,
(branch early voting polling place).
During the lawful early voting period, such Early Voting Clerk shall keep such locations for early
voting open for early voting from 8:00 a.m. – 5:00 p.m., beginning Monday, April 20, 2020, and
continuing through Tuesday, April, 28, 2020, with the exception of Tuesday, April 21, 2020, and
Tuesday, April 28, 2020, in which case early voting hours shall be from 7:00 a.m. to 7:00 p.m.
SECTION 8. Voting at said election, including early voting, shall be by the use of voting machines;
and the ballots of said election shall conform to the Texas Election Code, as amended. The City
Secretary is hereby authorized and directed to obtain, or cause to be obtained, the necessary
electronic tabulating equipment, to arrange for the testing thereof as provided by law and to employ
a duly qualified manager and a duly qualified tabulation supervisor to perform the duties respectively
imposed on them by law with respect to the processing and tabulation of ballots at the Central
Counting Station.
SECTION 9. The City Secretary of the City of La Porte shall forthwith issue Notice of said election
to be published one time in the Bay Area Observer, which is hereby found and declared to be a
newspaper of general circulation in said City, not less than ten (10) days nor more than thirty (30)
days prior to the date of the said election; in addition, Notice of said election shall be posted on the
st
bulletin board in City Hall not later than the twenty-first (21) day before election day and remain
posted thorough election day.
SECTION 10. The Mayor and/or the City Secretary of the City of La Porte are hereby authorized to
execute and/or issue, for and on behalf of the City, such orders, documents, and forms as may, from
time to time, be promulgated by the Secretary of State of the State of Texas in conjunction with the
election herein ordained.
SECTION 11. Each and every provision, paragraph, sentence and clause of this ordinance has
2
been separately considered and passed by the City Council of the City of La Porte,Texas, and each
said provision would have been separately passed without any other provision; and if any provision
hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the
remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been
passed alone.
SECTION 12. The City Council officially finds, determines, recites, and declares that a sufficient
written notice of the date, hour, place,and subject of this meeting of the City Council was posted at
a place convenient to the public at the City Hall of the City for the time required by law preceding this
meeting, as required by the Open Meetings Act, Chapter 551, Texas Government Code; and that
this meeting has been open to the public as required by law at all times during which this ordinance
and the subject matter thereof has been discussed, considered and formally acted upon. The City
Council further ratifies, approves and confirms such written notice and the contents and posting
thereof.
SECTION 13. This ordinance shall be in effect immediately upon its passage and approval.
PASSED AND APPROVED, this ___________ day of January, 2020.
CITY OF LA PORTE, TEXAS
________________________________
Louis R. Rigby, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ ________________________________
Lee Woodward, City Secretary Clark T. Askins, Assistant City Attorney
3
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda DateRequested:January 13, 2020
Source of Funds:IT
Requested By:Grady Parker, IT Manager
Department: IT
Account Number:001-6066-519.5007
Amount Budgeted:$265,000
ReportResolutionOrdinance
Amount Requested: $264,000
Exhibits: ONESolution two-year renewal
Budgeted Item: Yes No
agreement
SUMMARY
The City of La Porte uses the ONESolution ERP system from Superion for all Finance
records. The current contract is up for renewal and the IT Department is requesting the
City enter into a two-year renewal contract with Superion. The original contract was
executed on January 1, 2014, with an annual cost of $290,112. The new two-year
contract will have an annual cost of $264,000, which is a 9% decrease. The City will
not be renewing modules from Superion that are not being utilized, therefore, with price
negotiations and elimination of modules not in use, staff was able to receive a reduced
contract from the prior year. The new contract will run from January 1, 2020, to
December 31, 2021.
RECOMMENDED MOTION
I move to approve theOneSolution ERP contract renewal with Superionfor a two-year term.
Approved for the City Council meeting agenda
Corby D. Alexander, City ManagerDate
DocuSign Envelope ID: 0059352E-B199-402C-B18B-173755988F92
Superion Solutions Agreement
This is entered into under the terms and conditions of the
Superion, LLC. Application Service Provider Agreement dated December 8, 2008 (Agreement), between Superion,
LLC as successors in interest to SunGard Public Sector Inc. (Superion) and City of La Porte, TX (Customer).
Unless otherwise stated below, all terms and conditions as stated in the Agreement shall remain in effect.
SUPERION, LLC. City of La Porte
1000 Business Center Dr. 604 West Fairmont Parkway
Lake Mary, FL 32746 La Porte, TX 77571
By: By:
Print Name: Lisa Neumann Print Name:
Print Title: Controller Print Title:
Date Signed: November 12, 2019
Date Signed:
1. Superion Solution: Public Administration ASP identified in Exhibit 1.
2. Term.
2.1. Initial Term. The Initial Term of this Agreement commences as of January 1, 2020 and will continue in
effect for two (2) years from such date
Initial Term
2.2. Renewal Term. Upon expiration of the Initial Term set forth on Exhibit 1 shall automatically renew for
successive one (1) year Renewal Terms at the then-current rates. Either party may elect to not enter into
a Renewal Term by providing the other party with written notice at least one hundred and twenty (120)
days prior to the end of the Initial Term or then-current Renewal Term, as the case may be.
3. Fees. In consideration of the rights and services granted by Superion to Customer under this Agreement,
Customer shall make payments to Superion pursuant to the amounts and payment terms outlined in Exhibit 1
(the Project Cost Summary).
4. Notices. All notices and other communications required or permitted under this Agreement must be in writing
and will be deemed given when delivered personally, sent by United States registered or certified mail, return
receipt requested; transmitted by facsimile or email confirmed by United States first class mail, or sent by
overnight courier. Notices must be sent to a Party at its address shown below, or to such other place as the
Party may subsequently designate for its receipt of notices in writing by the other Party.
Superion
If to Superion:
1000 Business Center Dr.
Lake Mary, FL.
Phone: 407-304-3235 email: info@superion.com
Attention: Senior Counsel / Contracts Department
City of La Porte
If to Customer:
604 W. Fairmont Parkway
La Porte, TX 77571
Phone: _________________________ email: _______________________
Attention: ______________________________
DocuSign Envelope ID: 0059352E-B199-402C-B18B-173755988F92
5. OTHER TERMS:
a. Superion shall provide the access to the Solution during the hours described in Annex 2 attached
hereto, and provide the Solution Support described in Annex 2.
b. Superion shall provide and install new releases of the Solution at no additional charge. However
Customer shall be responsible for the payment of consulting fees on a time and material basis in
respect of any professional services provided by Superion for the upgrade of any customizations
professional services schedule in respect of any such upgrade which shall stipulate the applicable
then-current professional fee rates in respect thereof.
c. As and when Customer is required to upgrade to a new release, Superion shall make such new
release available to Customer in a test environment for a period of at least sixty (60) days (the
"Parallel Run Period"). Unless Customer reports to Superion any material errors in such new
release, Customer shall accept modifications, revisions and updates in the Solution and
Documentation, including changes in programming languages, rules of operation and screen or
report format, as and when they are implemented by Superion. If material errors are discovered
during the Parallel Run Period, the Parallel Run Period shall automatically be extended by the
number of days between the date that any material errors where reported and the date that
Superion has remedied such errors. Customer acknowledges that modifications, revisions and
updates in the Solution permitted by this Order may result in changes in the form, timing or other
features of on-line services, reports and other Solution provided under this Order.
d. Conversion: Conversion, if provided for herein, or if requested by the Customer after contract
execution, will be controlled by the Superion Systems Change Request (SCR) form which will be
prepared for the Customer by the Superion Conversion Team Manager. There will be a Two
Hundred Fifty dollar ($250.00) non-refundable Access Fee for preparation of each SCR requested
by the Customer. Superion will proceed on the SCR when the signed SCR is returned with the
y percent (50%) payment, which includes the non-
refundable Access Fee. The final fifty percent (50%) payment is due upon completion. Data must
be given to Superion in an IBM compatible format on a specified magnetic media and must match
data field definition. Input data file clean up shall be the responsibility of the Customer. Additional
conversion, if necessary, will be invoiced at the prevailing rate per hour. It is agreed that no two
systems and file structures are exactly alike and there may be a need for some manual conversion
efforts to take place along with the electronic conversion. SCR form(s) for any conversion services
included in this Order are attached for Customer signature and return to Superion along with this
Order.
e. If after the expi
-current standard
deconversion fee, reasonable assistance and documentation for such deconversion in order to
as
-standard
deconversion, Superion shall be entitled to receive compensation for consultation, software and
documentation provided to assist in the deconversion on a time and materials basis at the standard
prevailing rate then charged by Superion for such services.
6. Incorporated Exhibits to this Agreement:
a. Exhibit 1 Project Cost Summary
b. Exhibit 2 - Maintenance & Support Standards
c. Exhibit 3 Travel Expense Guidelines
2
DocuSign Envelope ID: 0059352E-B199-402C-B18B-173755988F92
EXHIBIT 1
Project Cost Summary
Monthly Total
TermAccess FeesAnnually
Jan. 1, 2020- Dec. 31, 2020$ 22,000.00$ 264,000.00
Jan. 1, 2021- Dec. 31, 2021$ 22,000.00$ 264,000.00
Applications and/or ServicesMonthly Access
Fee
Renewal Services $ 22,000.00
Existing ONESolution Products ONESolution General Ledger, ONESolution Job/Project Ledger, Included in
(Currently Licensed)ONESolution Budget Item Detail, ONESolution Accounts Payable, Monthly Access
ONESolution Bank Reconciliation, ONESolution Purchasing, ONESolution Fee
Stores Inventory, ONESolution Fixed Assets, ONESolution Accounts
Receivable, ONESolution Payroll, ONESolution Position Budgeting,
ONESolution Human Resources, ONESolution Click, Drag & Drill,
ONESolution Documents Online, ONESolution Easy Laser
Forms,ONESolution Cash Receipts, ONESolution Employee Online,
ONESolution Contract Management, ONESolution Personnel Action Forms,
ONESolution Procurement Cards, ONESolution Applicant On-Line,
Existing NaviLine Products GMBA with Extended Reporting, Purchasing/inventory, Procurement Card Included in
(Currently Licensed)Tracking, Payroll/Personnel, Fixed Assets, Accounts Receivable, Cash Monthly Access
Receipts, Work Orders/Facilities Management, Land/Parcel Management, Fee
Building Permits, Code Enforcement, Planning & Engineering, Business
Licenses, Tax Billing & Collections, Customer Information System,
Click2Gov3 BP, Click2Gov3 OL, Click2Gov3 PZ, Click2Gov3
CE,Click2Gov3 ESS, Click2Gov MR & LN, One Point Payment Engine,
One Point Point-of-Sale, RecTrac Interface to GM, RecTrac Interface to CR,
Cash Receipts Interface/Lockbox, Document Management Services, HELP
Card, Kiosk Interface Core Bundle, Outside Kiosk, NaviLine User Interface
Existing Third Party Products ONESolution Financial Core, ONESolution Global Core, Cognos BI: Base Included in
(Currently Licensed)Bundle, Cognos BI: Adv Business Author Bundle - (2), Click2Gov Core Monthly Access
Module, ACOM Fee
Retrofit Modifications30 Mods Included in
Monthly Access
Fee
Horizon Cloud ServicesHardware and software will be hosted and managed by Superion. Site to Included in
Site VPN, Setup, Implementation, Disaster Recovery Plan for Superion Monthly Access
applicationsFee
NaviLine Test Environment2 refreshes per year; $600 per additional refresh. Included in
Monthly Access
Fee
Total Proposed System: $ 22,000.00
Note: Upon execution of this agreement the Superion Solutions Agreement with execution date
of November 7, 2018 shall terminate the last two (2) term years of January 1, 2020 through
December 31, 2021.
PAYMENT TERMS:
RECURRING FEES
a.The Annual Access Fee is due January 1, 2020 and the first of the month thereafter for the term of this
Agreement.
ANCILLARY FEES
b.Reimbursement of travel Travel Expense Guidelines
attached hereto and will be invoiced monthly in arrears and due within thirty (30) days from date of invoice.
c.Customer is responsible for paying all taxes relating to this Agreement. Applicable tax amounts (if any) are
not included in the fees set forth in this Agreement. If Customer is exempt from the payment of any such
taxes, Customer must provide Superion valid proof of exemption; otherwise, Superion will invoice Customer
and Customer will pay to Superion all such tax amounts.
1
DocuSign Envelope ID: 0059352E-B199-402C-B18B-173755988F92
EXHIBIT 2
Support Standards (CLOUD/ASP)
1. Superion Cloud Security Program
1.1. Access & Continuity. Logical access restrictions
include VLAN data segregation, extensive deny-by-
default access control lists, and Multi-Factor
authentication required for System Administration.
Business continuity is prioritized via daily encrypted
backup stored offsite, virtual tape backup
technology to counter loss of physical media, and
full replication to disaster recovery site, with
redundancy an availability through multiple carriers.
1.2. Security & Monitoring. SSL and IPSEC VPN with
256 bit encryption, web application firewalls, multi-
layered infrastructure model with recorded internal
and external CCTV, card access control, best of
breed HVAC/fire suppression/physical security,
and backed by 24-7 x 365 monitoring by a staffed
operations facility for: Intrusion detection &
prevention, DDOS mitigation, and automated
network incident creation and escalation.
rd
1.3. Testing, Audits & Compliance. 3 party internal,
external, perimeter vulnerability and penetration
testing. Centrally managed patching, OS hardening
program, and endpoint protection on all servers.
Industry standard compliance includes annual
completion of: SSAE18/ISAE Data Center Audit,
SSAE18 Operations Audit, PCI-DSS Compliance
Audit, Vulnerability Testing & CVSS Audit, and
Control Self-Assessment Audit.
2. Service Level Commitments
2.1. Target.
Service Period
Customer receives the Superion Solutions, excluding Sundays between 12:00 AM and 12:00 PM Eastern
Time for scheduled maintenance. During this time, Customers may experience intermittent interruptions.
Superion will make commercially reasonable efforts to minimize the frequency and duration of these
interruptions and Superion will notify the Customer if the entire maintenance window will be required.
2.2. Measurement. Service availability is measured as the total time that the Superion Solutions are available
Service Availability
measurement shall be applied to the production environment, and the points of measurement for all
has technology monitoring, measuring, and recording Service Availability. The Customer, at their discretion,
Service Availability. Additionally, the use must be:
2.2.1.1. mutually agreed upon by Superion and the Customer.
1
DocuSign Envelope ID: 0059352E-B199-402C-B18B-173755988F92
2.2.1.2.paid, installed and maintained by the Customer.
2.2.1.3. non-
2.3. Calculation. Service Availability for a given month shall be calculated using the following calculation:
2.3.1. The total number of minutes which the service was NOT available in a given month shall be subtracted
from the total number of minutes available in the given month. The resulting figure is divided by the
total number of minutes available in the given month.
2.3.2. Service Availability Targets are subject to change due to the variance of the number of days in a month.
2.3.3. The total number of minutes which the service was NOT available in a given month shall exclude
minutes associated with scheduled or emergency maintenance.
2.4. Remedy. If the Service Period target measurement is not met then the Customer shall be entitled to a credit
calculated as follows:
Service Availability in the relevant Percentage Reduction in Monthly Fee for
Service Period the Subsequent Service Period
Less than 99.9% but greater than or equal to 99.0% 5%
Less than 99.0% but greater than or equal to 95.0% 10%
Less than 95% 20%
2.5. If not directly reported by Superion, Credit entitlement must be requested by the Customer within sixty (60) days
entitled to offset any monthly Superion Solutions fee payments, nor withhold fee payments, on account of a
pending credit. Customer shall not be eligible for credits for any period where Customer is more than thirty (30)
days past due on their account. Superion will provide reporting, showing performance and service levels.
3. Server Performance & Capacity.
3.1. Superion shall provide sufficient server capacity for the duration of this hosting Agreement to meet the
reasonable performance requirements for the number of concurrent system users provided for in this
Agreement. If the Customer requests, at some later date, to add additional Superion Solutions, increase user
licenses, increase storage or processing requirements, and/or request additional environments, these requests
will be evaluated and if additional resources are required to support modifications, additional fees may apply.
3.2. -
subsequently departs the Superion environment. Any point of communications outside of the Superion
t-of-
connectivity and/or performance out-of-network.
4. System Maintenance.
4.1. Superion Solutions maintenance and upgrades. Superion will provide all hosted systems and network
maintenance as deemed appropriate and necessary by Superion. Maintenance and upgrades will be scheduled
if they fall outside of the designated hours set aside for this
function of Sundays from 12:00AM to 12:00 PM.
4.2. Hardware maintenance and upgrades. Hardware maintenance and upgrades will be performed outside of the
and the Customer will be notified prior to the upgrade.
4.3. Emergency maintenance. Emergency situations will be handled on a case-by-case basis in such a manner as
to cause the least possible disruption to overall system operations and availability without negatively affecting
system stability and integrity. Superion will attempt to notify the Customer promptly, however if no contact can
be made, Superion management may deem it necessary to move forward with the emergency maintenance.
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5. Incident Response. Incidents are defined as interruptions to existing service and can range in priority from urgent
to low depending on the impact to the Customer. Superion will make commercially reasonable efforts to respond to
Superion Solutions incidents for live production systems using the following guidelines:
Impact Description Performance Target Minimum
Priority
Performance
Level
Goal %
1 Urgent An Incident that results in loss of Customer Superion will respond 95%
connectivity to all of the Superion Solutions within 1 hour of the
or results in loss, corruption or damage to issue being reported.
2 Critical An Incident that has an adverse material Superion will respond 95%
impact on the performance of the Superion within 2 hours of the
Solutions issue being reported.
day-to-day operations.
3 Non-Critical An Incident that does not result in a failure Superion will respond 95%
of the Superion Solutions but a fault exists within 4 hours of the
that restricts the issue being reported.
Superion Solutions.
4 Minor An Incident that does not affect or which Superion will respond 95%
has minimal adverse impact on the use of within 24 hours of the
the Superion Solutions. issue being reported.
5.1. Measurement. Superion shall track and report on response and resolution time for application and hosting
support issues identified by the Customer.
6. Disaster Recovery. Superion provides disaster recovery services for Superion Solutions. The costs for these
disaster recovery services are included in the monthly fees. In the event that a disaster renders the Customer
data center is inaccessible or rendered non-functional, Superion will provide the ability to connect to the appropriate
data center using software provided by Superion. This will allow the Customer to connect to their systems from a
remote site to the previously identified critical functions, however functionality may be diminished due to lack of
access to hardware and/or software located in the Customer
7. Exceptions. Superion shall not be responsible for failure to carry out its service and maintenance obligations under
Agreement if the failure is caused by adverse impact due to:
7.1.
inaccurate data reported to the Superion Solutions, or documented Defect.
7.2. denial of reasonable access to or premises preventing Superion from addressing the issue.
7.3. material changes made to the usage of the Superion Solutions by Customer where Superion has not agreed to
such changes in advance and in writing or the modification or alteration, in any way, by Customer or its
subcontractors, of communications links necessary to the proper performance of the Superion Solutions.
7.4. a force majeure event, or the negligence, intentional acts, or omissions of Customer or its agents.
8. Incident Resolution. Actual response times and resolutions may vary due to issue complexity and priority. For
critical impact level and above, Superion provides a continuous resolution effort until the issue is resolved.
9. Service Requests. Service requests are new requests that will take less than 8 hours to accomplish. For new
requests that require additional time, Superion will prioritize these requests, and determine if extra time is needed
to order equipment or software.
10.Non-Production Environments. Superion will make commercially reasonable efforts to provide non-production
environment(s) during Customer business hours. Non-production environments are not included under the metrics
or service credit schedules discussed in this Exhibit.
10.1. Maintenance. All forms of maintenance to be performed on non-production environments will follow the exact
structure and schedules outlined above in Section 3 for regular System Maintenance.
10.2. Incidents and service requests. Non-production environment incidents are considered priority 3 or 4, dictated
by circumstances and will be prioritized and scheduled similar to production service requests.
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11.Responsibility Summary Matrix.
Responsibility Summary Matrix
Description Superion Customer
Responsibility Responsibility
ASP Server Hardware management X
ASP Server File system management X
ASP Server OS upgrades and maintenance X
ASP Database product upgrades and maintenance X
rd
ASP 3 Party product upgrades and maintenance X
Application Update Installation
Request to install application updates X
Installation of application updates X
ASP Backup Management X
Data and or File restoration
Request to restore data and or files X
Restoration of data and or files X
Network
X
X
X
Customer Workstations X
System Performance X X
Add/Change users
User add/change requests X
User add/change implementation for System Access X
User add/change implementation for Superion Solutions X
Add/Change Printers
Printer add/change requests X
Printer add/change implementation on ASP network X
Printer add/change implementation for Superion Solutions X
Disaster Recovery X
Password Management X X
Application Management
Application Configuration X
Application Security Management X
Accuracy and Control of Data X
Security
Intrusion and Penetration Testing X
12.Virtual Private Network (VPN) Concentrator. desired system configuration requires the use of a
shall remain the property of Superion.
13.Customer Cooperation. Customer may be asked to perform problem determination activities as suggested by
Superion. Problem determination activities may include capturing error messages, documenting steps taken and
collecting configuration information. Customer may also be requested to perform resolution activities including, for
example, modification of processes. Customer agrees to cooperate with such requests, if reasonable.
14.Training. Outside the scope of training services purchased, if any, Customer is responsible for the training and
organization of its staff in the operation of the Superion Solutions.
15.Development Work. The Support Standards do not include development work either (i) on software not licensed
from Superion or (ii) development work for enhancements or features that are outside the documented functionality
of the Superion Solutions, except such work as may be specifically purchased and outlined in Exhibit 1. Superion
retains all Intellectual Property Rights in development work performed and Customer may request consulting and
development work from Superion as a separate billable service.
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16.Telephone Support & Support Portal
16.1. Hours. Superion shall provide to Customer, Monday through Friday, 8:00 A.M. to 5:00 P.M.
Time within the continental United States, excluding .
Customer must provide Superion with such facilities, equipment and
support as are reasonably necessary for Superion to perform its obligations under this Agreement, including
remote access to the Specified Configuration
16.2. Customer shall promptly install and/or use any Release provided by Superion to avoid or mitigate a
performance problem or infringement claim. All modifications, revisions and updates to the Superion Solutions
shall be furnished by means of new Releases of the Superion Solutions and shall be accompanied by updates
to the Documentation whenever Superion determines, in its sole discretion, that such updates are necessary.
16.3. Case Number. Measured from the moment a Case number is created.
created when a) a Superion support representative has been directly contacted by Customer either by phone,
number and conveys that case number to the Customer.
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EXHIBIT 3
Travel Expense Guidelines
Superion will adhere to the following guidelines when incurring travel expenses:
All arrangements for travel are to be made through the Superion Corporate Travel Agent unless other
arrangements have been made with the Customer and are documented in writing.
AIR TRAVEL Superion will use the least expensive class of service available with a minimum of seven (7)
day, maximum of thirty (30) day, advance purchase. Upon request, Superion shall provide the travel itinerary as
the receipt for reimbursement of the airfare and any fees. Fees not listed on the itinerary will require a receipt
for reimbursement.
Trips fewer than 250 miles round are considered local. Unless a flight has been otherwise approved by the
Customer, Customer will reimburse the current IRS approved mileage rate for all local trips.
LODGING Superion will use the most reasonable accommodations possible, dependent on the city. All food
items, movies, and phone/internet charges are not reimbursable.
RENTAL CAR Compact or Intermediate cars will be required unless there are three or more Superion
employees sharing the car in which case the use of a full size car is authorized. Gas is reimbursable however,
pre-paid gas purchases will not be authorized and all rental cars are to be returned with a full tank of gas. Upon
request, receipts for car rental and gas purchases will be submitted to Customer. Superion shall decline all
rental car insurance offered by the car rental agency as staff members will be covered under the Superion auto
insurance policy. Fines for traffic violations are not reimbursable expenses.
OTHER TRANSPORTATION Superion staff members are expected to use the most economical means for
personal vehicle (per IRS mileage guidelines) are reimbursable if necessary. Upon request, receipt(s) for the
taxi will be submitted to Customer. Proof of mileage may be required and may be documented by a readily
available electronic mapping service. The mileage rate will be the then-current IRS mileage guideline rate
(subject to change with any change in IRS guidelines).
OTHER BUSINESS EXPENSES Parking at the airport is reimbursable. Tolls to and from the airport and while
traveling at the Customer site are reimbursable. Tipping on cab fare exceeding 15% is not reimbursable. Porter
tips are reimbursable, not exceeding $1.00 per bag. Laundry is reimbursable when travel includes a weekend
day or Company Holiday and the hotel stay is four nights or more. Laundry charges must be incurred during the
trip and the limit is one shirt and one pair of pants/skirt per day. With the exception of tips, receipts shall be
provided to Customer upon request for all of the aforementioned items.
MEALS Standard per Diem. Subject to change due to cost of living.
1
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:January 13, 2020
Requested By:Ian Clowes, City Planner Source of Funds:N/A
Department:Planning & Development
Account Number:N/A
Amount Budgeted:N/A
ReportResolution Ordinance
Amount Requested: N/A
Exhibits: Ordinance – Clean Version
Budgeted Item:YesNo
Ordinance – Changes Shown
P&Z Recommendation Letter
SUMMARY
At the November 21, 2019 Planning and Zoning Commission meeting, the Commission held a
Public Hearing regarding amendments to Chapter 106 of the City Code of Ordinances based on
the annual review of the code.
The Planning and Zoning Commission formed a subcommittee consisting of 4 members of the
commission. Along with staff support, the subcommittee was tasked with reviewing Chapter 106
of the City Code of Ordinances and discuss possible amendments. The committee met weekly
for 2 months, finalizing a draft version of their proposal.
This annual review was broken down into two parts. The second part of the draft is scheduled for
thnd
the January 16 Planning & Zoning Commission Meeting, with City Council hearing the 2part
at their meeting in February.
This draft was brought to the full commission as a discussion item in October of 2019. Based on
comments received, the subcommittee finalized their draft amendments. The final version was
recommended for approval by the full commission at their November meeting.
Attached is the draft version of the proposed modifications to the Zoning Ordinance. Those in red
indicate changed language as part of the proposed modification to Chapter 106.
The following is a summary of the proposed modifications:
Sec. 106-1, Definitions
“Gasoline Station with Convenience Stores means an establishment engaged in retailing
automotive fuels (e.g., diesel fuel, gasoline) in combination with convenience store or food
martmerchandise items. Such establishments are prohibited from providing the following uses
and/or features: 1) dispensing of motor fuels and petroleum via high capacity nozzles; 2)
separate fuel canopy for diesel only pumps; 3) overnight accommodation (hotel/motel room
rental); 4) shower/laundry facilities; commercial motor vehicle servicing/repair; 5) truck scales;
6) overnight truck parking.
Truck stop means a commercial/industrial use of property on one site for the refueling,
maintenance and/or servicing of large over the road trucks and commercial motor vehicles
carrying large loads and which may provide have service activities additional amenities for
such vehicles and their drivers.Such establishments may include any of the following uses
and/or features on site: 1) dispensing of motor fuels and petroleum via high capacity nozzles;
2) separate fuel canopy for diesel only pumps; 3) restaurant or café; 4) shower/laundry
facilities; 5) truck servicing/repair; 6) truck scales. Overnight truck parking is permitted only
when in conjunction with truck servicing/repair use on site.
Sec. 106-310, Table A, Commercial & Industrial Uses
6 206 20
484Truck TransportationP P
20. Hazardous materials which may or may not require a placard may not be stored on site for
any length of time, regardless of whether the use is located adjacent to the hazardous cargo route.
This prohibition includes shipments of hazardous materials that are defined as in-transit by the
Department of Transportation (DOT)
Sec. 106-800, Commercial Landscaping
(a) Lot and setback standards.
(1) All off-street parking, maneuvering and loading areas shall be set back at least thirty
(30) feet from any street right-of-way line.
(2) All opaque screening walls and fences shall be set back at least thirty (30) feet from the
right-of-way line of a specified major thoroughfare.
(3) All open storage areas, where permitted by the underlying zoning district, shall be set
back at least thirty (30) feet from the right-of-way line of a specified major thoroughfare.
(b) Landscaping standards.
(1) At least ten (10) percent of the lot shall be landscaped open areas.
(2) Trees are required along the specified major thoroughfare as follows:
a. Large shade trees with a minimum four-inch caliper measured twelve (12) inches
above the root ball shall be provided with the total number of trees equal to one
(1) tree for each ten (10) feet of frontage.
b. Ornamental trees with a minimum two-inch caliper measured twelve (12) inches
above the root ball shall be provided with the total number of trees equal to one
(1) tree for each fifteen (15) feet of frontage.
c. At least sixty (60) percent of required street trees shall be evergreen with year-
round foliage.
d. At time of planting, a minimum six (6) feet shall be provided between individual
trees.
(3) Required interior site landscaping:
a.Space for vehicle overhangs shall be provided in order to avoid damaging planted
trees and shrubs.
b. No parking space shall be greater than fifty (50) feet from a tree.
c. Parking islands shall be provided in the amount of 1 island for every 10 parking
spaces.
(4) A mechanical irrigation system is required within the front yard building and parking
setbacks.
(c) Screening standards.
(1) The following site elements shall be screened form view from a public street:
a. All mechanical and utility equipment. Screens shall incorporate shrubbery having
year-round foliage, and/or a decorative wall, fence, or architectural element of the
building that is a maximum seventy-five (75) percent opaque. Roof-mounted
equipment may be screened with materials that are one hundred (100) percent
opaque.
b. Vehicle parking and/or loading and unloading areas. Screens shall incorporate
shrubbery having year-round foliage and/or a fence, wall, or architectural element
of the building that has a minimum six-foot height and is a maximum seventy-five
(75) percent opaque.
c. Refuse, refuse containers, and recycling containers. Screens shall consist of a
solid fence, wall, or architectural element of the building with a minimum six-foot
height.
(2) All fences and walls visible from a public street shall be:
a. Constructed of masonry or wood fencing with landscaping elements to fully screen
the fence from view of public ROW or adjoin property.
b. Consistent in color with the building architecture.
c. Uniform in style and materials along the entire length of the screen within a single
development.
(3) No fence or wall visible from a public street shall be:
a. Greater than eight (8) feet in height.
b. Located within any required visibility triangle.
(d) Constructed with any of the following materials: chain link, coated chain link, chain link
with screening slats, concertina wire, barbed wire, corrugated metal, or fiberglass panels.
(Exception: barbed wire may be used solely to control livestock.)
Sec. 106-800801. – Alternative Landscaping Option.
(a) Landscaping is required along the front property line and along the side property lines
in a minimum four feet wide planting strip. Corner lots shall be treated as having two
front property lines. A certified site plan and/or separate landscape plans shall be
submitted in conjunction with building permit applications. A landscape legend on the
site plan shall include type, size, and number of plantings existing and proposed at
site. Approval of landscape requirements is a condition of building permit approval.
The perimeter landscaping requirements of this subsection are not applicable in the
Main Street District Overlay.
(b) Landscaping within public rights-of-way will not contribute towards a total required
landscaping for parking and open-space areas unless approved by the director.
Landscaping on public property or easements is at owner's risk and subject to the
requirements of section 106-794 (Fences and trees on utility easements) of this
chapter.
(c) Landscaping plans shall be developed using the following criteria:
(1) Location.
a. The required planting strip shall be located adjacent to the front and side
property lines up to the front of the primary structure of the site or the building
setback line, whichever is greater.
b. Trees within the planting strip. There shall be at least one shade tree for every
30 linear feet of front property. When overhead utility lines are parallel and
adjacent to the planting strip or run parallel within the planting strip, ornamental
trees may be substituted for the required street trees at the rate of one tree for
every 20 linear feet of front property. Trees shall be planted within the planting
strip in a boulevard type manner on center and uniform distance from the curb
or pavement.
c. Shrubs within the planting strip. When a parking lot is located between the
building and any adjacent right-of-way, shrubs are required in the planting strip
adjacent to the right-of-way and shall be spaced at three feet on center. At
maturity, shrubs in a required planting strip should form a continual evergreen
hedge or row of 36 inch in height.
d. Landscaping shall be in accordance with the visibility triangle requirements in
section 106-311 (Visibility triangle).
e. Parking lot requirements.
i. Parking lot with minimum 20 spaces shall provide a planter at the ratio of
one for every ten parking spaces.
ii. Planters (minimum 135 square feet) shall not abut on more than two
sides of required perimeter landscape area. Each required planter shall
have one shade tree. Trees shall be dispersed throughout the parking lot
to maximize the shading effect on the parking spaces. These trees are
exclusive of trees planted around the perimeter of the parking lot.
f. When adjacent to residential, landscaping shall be required in accordance with
section 106-444(a) (Screening).
(2) Types of plants and materials. Trees, flowering and non-flowering plants, shrubs,
wood, timber, stone, fountains, and ponds may be used for required landscaping.
a. Shade trees shall be a minimum of two-inch caliper and shall be selected from
city's recommended native/protected trees and plants list. Ornamental trees
shall be a minimum of six feet in height at the time of planting.
b. Shrubs or hedgerow plants shall be no less than five gallons in size.
(3) Maintenance. Required landscaping must be maintained by the property owner and/or
occupant. Vehicles should not encroach upon perimeter landscape areas or planters.
Wheel stops must be provided along perimeter frontage to ensure no overhang or
damage to landscape area.
(4) Irrigation. A irrigation system shall be provided to all landscaped areas subject to the
following:
a. On developments greater than one acre, a programmable automatic irrigation
system with rain sensor devices shall be provided to all landscape areas.
b. On developments one acre or less, in lieu of a programmable automatic
irrigation system, a programmable hose bib system may be utilized when plant
material is within 100 feet of the hose bib.
c. An exception from the irrigation system requirements shall be allowed when
utilizing drought tolerant and native plants as identified by Texas A&M
University's current table for this region. These plantings must be established
through manual irrigation for a minimum of six weeks after planting.
(d) Commercial projects who follow the landscaping guidelines as described in this section
(106-801) are subject to additional façade requirements as described in Article IX,
Divisions 1-3 of Chapter 106 “Zoning” of the City of La Porte Code of Ordinances.
(d) Landscaping/screening for shipping container facilities.
(1) The property owner or tenant shall provide a natural screening. This will be
accomplished in one of three ways.
a. Leave in place existing trees, vegetation, underbrush, etc. to provide a thorough,
continuous and effective opaque visual screening of the shipping container
development.
b. Construct earthen berms with a combination of trees, shrubs, and ground cover that
after three years will be at least 20 feet in height and creates a continuous visual
screen.
c. Develop a screening plan that would be approved by the city that includes a
combination of trees, shrubs, and ground cover that after three years will be at least
20 feet in height and creates a continuous visual screen.
(2) The property owner or tenant will provide screening along the frontage of the site
and along the side yards for a distance of 50 feet. In the advent that the site is adjacent
to a commercial or residential use, the screening shall be required for the entire length
of the adjacent yard area.
(3) All required screening shall be adjusted away from overhead power lines to allow for
full maturity of the trees without unnecessary trimming or topping of the trees.
(e) Placement of landscaping shall be in accordance with the visibility triangle requirements
of section 106-311 (Visibility triangle).
(f) Screening for commercial and industrial uses adjacent to residential shall refer to the
requirements of section 106-444(a) (Commercial performance standards).
Sec. 106-802. - Landscaping/screening for shipping container facilities.
(1) The property owner or tenant shall provide a natural screening. This will be
accomplished in one of three ways.
a. Leave in place existing trees, vegetation, underbrush, etc. to provide a
thorough, continuous and effective opaque visual screening of the
shipping container development.
b. Construct earthen berms with a combination of trees, shrubs, and ground
cover that after three years will be at least 20 feet in height and creates
a continuous visual screen.
c. Develop a screening plan that would be approved by the city that
includes a combination of trees, shrubs, and ground cover that after
three years will be at least 20 feet in height and creates a continuous
visual screen.
(2) The property owner or tenant will provide screening along the frontage of the
site and along the side yards for a distance of 50 feet. In the advent that the
site is adjacent to a commercial or residential use, the screening shall be
required for the entire length of the adjacent yard area.
(3) All required screening shall be adjusted away from overhead power lines to
allow for full maturity of the trees without unnecessary trimming or topping of
the trees.
RECOMMENDED MOTION
I move that the Council adopt Ordinance 2020-3770 amending Chapter 106 “Zoning”
of the code of ordinances.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
ORDINANCE NO. 2020-3770
AN ORDINANCE AMENDING CHAPTER 106 OF THE CODE OF THE
CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING
REGULATIONS RELATED TO TRUCK STOPS, LANDSCAPING REQUIREMENTS,
AND STORAGE OF HAZARDOUNS MATERIALS; PROVIDING THAT ANY
PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED
GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN
A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF; CONTAINING A SEVERABILITY
CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1: That Section 106-
of Ordinances of the City of La Porte, Texas, are hereby amended by adding the following definition, to be
added in proper alphabetical sequence and which shall hereinafter read as follows:
means an establishment engaged in retailing automotive
fuels (e.g., diesel fuel, gasoline) in combination with convenience store or food mart merchandise. Such
establishments are prohibited from providing the following uses and/or features: 1) dispensing of motor
fuels and petroleum via high capacity nozzles; 2) separate fuel canopy for diesel only pumps; 3)
overnight accommodation (hotel/motel room rental); 4) shower/laundry facilities; commercial motor
vehicle servicing/repair; 5) truck scales; 6) overnight truck parking.
Section 2: That the following definitions contained in Section 106-
nces of the City of La Porte, Texas, are
hereby amended and shall hereinafter read as follows:
Truck stop means a commercial/industrial use of property on one site for the refueling, maintenance
and/or servicing of trucks and commercial motor vehicles and which may provide additional amenities
for such vehicles and their drivers. Such establishments are authorized to have a maximum of any two
(2) of the following uses and/or features on site: 1) dispensing of motor fuels and petroleum via high
capacity nozzles; 2) separate fuel canopy for diesel only pumps; 3) restaurant or café; 4) shower/laundry
facilities; 5) truck servicing/repair; 6) truck scales. Overnight truck parking is permitted only when in
conjunction with truck servicing/repair use on site.
Section 2: That Section 106-
amended by amending NAICS Cod
Section 106-
6 206 20
484 Truck Transportation P P
20. Hazardous materials which may or may not require a placard may not be stored on site for any length
of time, regardless of whether the use is located adjacent to the hazardous cargo route. This prohibition
includes shipments of hazardous materials that are defined as in-transit by the Department of Transportation
(DOT).
Section 3: That A4 Fencing and
Landscaping Requirements
La Porte, Texas, is hereby amended in its entirety and shall hereinafter read as follows:
DIVISION 4. - FENCING AND LANDSCAPING REQUIREMENTS
Sec. 106-789. - Fence materials.
Allowable fence material shall include wood pickets, chain link, masonry, and wrought iron. Any other
materials are subject to approval by the director of planning.
Sec. 106-790. - Subdivision perimeter fences.
Subdivision perimeter fences shall be required in recorded subdivisions that exceed five acres. Such
perimeter fences shall not exceed eight feet in height. Materials shall be limited to opaque wood fences
with brick base and columns and solid brick fences when subdivision backs up to major thoroughfare. The
director of planning may approve other material that meets the intent of this section.
Sec. 106-791. - Front yard areas.
No fences, structures, grading, or barrier hedges shall be permitted within any front yard areas except in the
case of residential large lots, or in the case of lots with a front yard directly adjacent to the shoreline of
Galveston Bay, as provided in section 106-792 (Residential large lots and lots adjacent to Galveston Bay).
Sec. 106-792. - Residential large lots and lots adjacent to Galveston Bay.
In the case of residential large lots, eight feet perimeter fences are permitted as an accessory use. In the case
of lots with a front yard directly adjacent to the shoreline of Galveston Bay, four feet front yard fences are
permitted parallel and adjacent to the side lot lines. However, such fences shall be permitted on the front
lot line directly adjacent to Galveston Bay, and shall only be constituted of chain link. These exceptions do
not permit structures, grading, or barrier hedges.
Sec. 106-793. - Fences in side and rear yards.
Within side yards and rear yards, fences of not higher than eight feet including rot boards and walls 42
inches high or less shall be permitted.
Sec. 106-794. - Fences and trees on utility easements.
Fences or trees placed upon utility easements are subject to removal at the owner's expense if required for
the maintenance or improvement of the utility. Trees on utility easements containing overhead wires shall
not exceed ten feet in height.
Sec. 106-795. - Maintenance of fences.
Both sides of the fence must be maintained in good condition by the owner of the fence and grass/ground
cover adjoining the fence must be mowed and weeds removed on a regular basis.
Subdivision perimeter fences or walls shall be maintained and repaired by the developer, owner, owner's
agent, and/or homeowner association or the management company of a subdivision. Maintenance, repair
or replacement of wood or masonry fence around manufactured housing parks is the sole responsibility of
the owner, its agent, or the management company.
Sec. 106-796. - Barbed wire fences.
Barbed wire fences shall not be permitted, used or constructed except in industrial districts or to control
livestock as hereinafter provided.
Sec. 106-797. - Property line fences in commercial and industrial districts.
Fences in commercial and industrial zones which are primarily erected as a security measure may have
arms projecting into the applicant's property on which barbed wire can be fastened commencing at a point
at least six feet above the ground, and such fence shall not be erected within the required landscaped portion
of any yard of any commercial or industrial establishment. Total fence height, including barbed wire, may
not exceed eight feet in height.
Sec. 106-798. - Fencing and wall requirements for automotive wrecking, salvage yards, junk
dealers, etc.
(a) General requirement. Every automotive wrecking and salvage yard/junk dealer/scrap metal
processor yard with the city shall be completely surrounded and enclosed by a solid fence or
wall which is at least eight feet in height.
(b) Construction, maintenance of fence or wall. Every fence or wall herein shall be constructed
and maintained as follows:
(1) All fences shall be constructed of wood, masonry, corrugated sheet metal, chain link
or any combination thereof; provided, however, that any one side of an automotive
wrecking and salvage yard/junk yard/scrap metal processing yard shall be bounded by a
fence or wall constructed of only one of the above materials.
(2) Chain link fences shall be constructed of galvanized chain link fencing with wood or
metal slats or strips run through all links of the chain link fence.
(3) All fences or walls shall extend downward to within three inches of the ground and
shall test plum and square at all times.
(4) All fences or walls shall be constructed in compliance with all applicable provisions
of the building code of the city.
(c) Use of wall, door or building as part of fence or wall. Any part of a fence or wall required by
subsection (a) of this section may consist in whole or in part of a solid wall and door, or walls and
doors of any completely enclosed building on the premises, if such wall or door meets all
construction requirements set forth in this section.
(d) Gates at openings in enclosure. Openings in the prescribed enclosure which are necessary to
permit reasonable access to said automotive wrecking and salvage yards/junk yards/scrap metal
processing yards shall be equipped with a solid gate or gates, constructed and maintained in
accordance with the requirements for a fence or wall set forth in this section. Such gates shall be
closed and securely locked at all times except during normal daytime business hours.
Sec. 106-799. - Construction, maintenance of electric fences.
(a) Except as provided herein, it shall be unlawful for any person owning or controlling any property in the
city to construct, maintain, or permit to remain on such property any fence charged with electricity, or
to cause any fence to become charged with a current of electricity, to connect any such fence with a
source of electricity or to permit any fence under the control of such person to be connected with a source
of electricity.
(b) The use of electric fences shall be allowed on the premises of any single-family dwelling, without regard
to the zoning district classification of the property, only for the purpose of erecting an enclosure to
restrain the movement of dogs and/or livestock. All electric fence equipment so utilized shall be a UL
approved product and installed and maintained in accordance with the manufacturer's instructions. The
owner and/or controller of the premises shall be responsible for 1) obtaining a building permit prior to
installation of the electric fence; 2) installing and maintaining signage that identifies the fence as an
"electric fence", and 3) scheduling a city inspection to confirm the product is tested/approved and
installed in accordance with manufacturer's instructions.
(c) Permit fees shall be in accordance with Appendix A of the Code of Ordinances.
(d) In any prosecution under this section testimony that any fence was under the control of the defendant
or situated on his premises and that any person received an electric shock by coming in contact with
such fence shall be prima facie evidence that such defendant caused such fence to be charged with a
current of electricity and caused and permitted such fence to be connected with a source of electricity.
Sec. 106-800 Commercial Landscaping
(a) Lot and setback standards.
(1) All off-street parking, maneuvering and loading areas shall be set back at least thirty (30)
feet from any street right-of-way line.
(2) All opaque screening walls and fences shall be set back at least thirty (30) feet from the
right-of-way line of a specified major thoroughfare.
(3) All open storage areas, where permitted by the underlying zoning district, shall be set
back at least thirty (30) feet from the right-of-way line of a specified major thoroughfare.
(b) Landscaping standards.
(1) At least ten (10) percent of the lot shall be landscaped open areas.
(2) Trees are required along the specified major thoroughfare as follows:
a. Large shade trees with a minimum four-inch caliper measured twelve (12) inches
above the root ball shall be provided with the total number of trees equal to one (1)
tree for each ten (10) feet of frontage.
b. Ornamental trees with a minimum two-inch caliper measured twelve (12) inches
above the root ball shall be provided with the total number of trees equal to one (1)
tree for each fifteen (15) feet of frontage.
c. At least sixty (60) percent of required street trees shall be evergreen with year-
round foliage.
d. At time of planting, a minimum six (6) feet shall be provided between individual
trees.
(3) Required interior site landscaping:
a. Space for vehicle overhangs shall be provided in order to avoid damaging planted
trees and shrubs.
b. No parking space shall be greater than fifty (50) feet from a tree.
c. Parking islands shall be provided in the amount of 1 island for every 10 parking
spaces.
(4) A mechanical irrigation system is required within the front yard building and parking
setbacks.
(c) Screening standards.
(1) The following site elements shall be screened form view from a public street:
a. All mechanical and utility equipment. Screens shall incorporate shrubbery having
year-round foliage, and/or a decorative wall, fence, or architectural element of the
building that is a maximum seventy-five (75) percent opaque. Roof-mounted
equipment may be screened with materials that are one hundred (100) percent
opaque.
b. Vehicle parking and/or loading and unloading areas. Screens shall incorporate
shrubbery having year-round foliage and/or a fence, wall, or architectural element
of the building that has a minimum six-foot height and is a maximum seventy-five
(75) percent opaque.
c. Refuse, refuse containers, and recycling containers. Screens shall consist of a solid
fence, wall, or architectural element of the building with a minimum six-foot height.
(2) All fences and walls visible from a public street shall be:
a. Constructed of masonry or wood fencing with landscaping elements to fully screen
the fence from view of public ROW or adjoin property.
b. Consistent in color with the building architecture.
c. Uniform in style and materials along the entire length of the screen within a single
development.
(3) No fence or wall visible from a public street shall be:
a. Greater than eight (8) feet in height.
b. Located within any required visibility triangle.
(d) Constructed with any of the following materials: chain link, coated chain link, chain link
with screening slats, concertina wire, barbed wire, corrugated metal, or fiberglass panels.
(Exception: barbed wire may be used solely to control livestock.)
Sec. 106 - 801. Alternative Landscaping Option.
(a) Landscaping is required along the front property line and along the side property lines in a minimum
four feet wide planting strip. Corner lots shall be treated as having two front property lines. A certified
site plan and/or separate landscape plans shall be submitted in conjunction with building permit
applications. A landscape legend on the site plan shall include type, size, and number of plantings
existing and proposed at site. Approval of landscape requirements is a condition of building permit
approval. The perimeter landscaping requirements of this subsection are not applicable in the Main Street
District Overlay.
(b) Landscaping within public rights-of-way will not contribute towards a total required landscaping for
parking and open-space areas unless approved by the director. Landscaping on public property or
easements is at owner's risk and subject to the requirements of section 106-794 (Fences and trees on
utility easements) of this chapter.
(c) Landscaping plans shall be developed using the following criteria:
(1) Location.
a. The required planting strip shall be located adjacent to the front and side property lines up to
the front of the primary structure of the site or the building setback line, whichever is
greater.
b. Trees within the planting strip. There shall be at least one shade tree for every 30 linear feet
of front property. When overhead utility lines are parallel and adjacent to the planting strip
or run parallel within the planting strip, ornamental trees may be substituted for the required
street trees at the rate of one tree for every 20 linear feet of front property. Trees shall be
planted within the planting strip in a boulevard type manner on center and uniform distance
from the curb or pavement.
c. Shrubs within the planting strip. When a parking lot is located between the building and any
adjacent right-of-way, shrubs are required in the planting strip adjacent to the right-of-way
and shall be spaced at three feet on center. At maturity, shrubs in a required planting strip
should form a continual evergreen hedge or row of 36 inch in height.
d. Landscaping shall be in accordance with the visibility triangle requirements in section 106-
311 (Visibility triangle).
e. Parking lot requirements.
i. Parking lot with minimum 20 spaces shall provide a planter at the ratio of one for
every ten parking spaces.
ii. Planters (minimum 135 square feet) shall not abut on more than two sides of
required perimeter landscape area. Each required planter shall have one shade tree.
Trees shall be dispersed throughout the parking lot to maximize the shading effect on
the parking spaces. These trees are exclusive of trees planted around the perimeter of
the parking lot.
f. When adjacent to residential, landscaping shall be required in accordance with section 106-
444(a) (Screening).
(2) Types of plants and materials. Trees, flowering and non-flowering plants, shrubs, wood,
timber, stone, fountains, and ponds may be used for required landscaping.
a. Shade trees shall be a minimum of two-inch caliper and shall be selected from city's
recommended native/protected trees and plants list. Ornamental trees shall be a minimum
of six feet in height at the time of planting.
b. Shrubs or hedgerow plants shall be no less than five gallons in size.
(3) Maintenance. Required landscaping must be maintained by the property owner and/or
occupant. Vehicles should not encroach upon perimeter landscape areas or planters. Wheel stops
must be provided along perimeter frontage to ensure no overhang or damage to landscape area.
(4) Irrigation. A irrigation system shall be provided to all landscaped areas subject to the
following:
a. On developments greater than one acre, a programmable automatic irrigation system
with rain sensor devices shall be provided to all landscape areas.
b. On developments one acre or less, in lieu of a programmable automatic irrigation
system, a programmable hose bib system may be utilized when plant material is within
100 feet of the hose bib.
c. An exception from the irrigation system requirements shall be allowed when utilizing
drought tolerant and native plants as identified by Texas A&M University's current table
for this region. These plantings must be established through manual irrigation for a
minimum of six weeks after planting.
(d) Commercial projects who follow the landscaping guidelines as described in this section (106-801) are
subject to additional façade requirements as described in Article IX, Divisions 1-
the City of La Porte Code of Ordinances.
(e) Placement of landscaping shall be in accordance with the visibility triangle requirements of
section 106-311 (Visibility triangle).
(f) Screening for commercial and industrial uses adjacent to residential shall refer to the
requirements of section 106-444(a) (Commercial performance standards).
Sec. 106-802. - Landscaping/screening for shipping container facilities.
(1) The property owner or tenant shall provide a natural screening. This will be
accomplished in one of three ways.
a. Leave in place existing trees, vegetation, underbrush, etc. to provide a
thorough, continuous and effective opaque visual screening of the shipping
container development.
b. Construct earthen berms with a combination of trees, shrubs, and ground cover
that after three years will be at least 20 feet in height and creates a continuous
visual screen.
c. Develop a screening plan that would be approved by the city that includes a
combination of trees, shrubs, and ground cover that after three years will be at
least 20 feet in height and creates a continuous visual screen.
(2) The property owner or tenant will provide screening along the frontage of the site and
along the side yards for a distance of 50 feet. In the advent that the site is adjacent to a
commercial or residential use, the screening shall be required for the entire length of the
adjacent yard area.
(3) All required screening shall be adjusted away from overhead power lines to allow for
full maturity of the trees without unnecessary trimming or topping of the trees.
Sec. 106 - 803. - Tree preservation.
(a) It is the intent of this section to encourage the preservation of existing trees within the city
and to prohibit their unwarranted destruction. The city encourages site planning which furthers
the preservation of trees and natural areas by the following methods: To protect trees during
construction; to facilitate site design and construction which contributes to the long term viability
of existing trees; and to control premature removal of trees; require on-site replacement of trees
that must be removed and require off-site replacement of trees that cannot be replaced on-site,
either by direct planting as outlined in section 106-802 (tree replacement) or through a
contribution to the tree fund established in section 106-803 (tree fund) of this chapter. It is the
further intent of this section to achieve the following objectives:
(1) Protect healthy trees and preserve the natural, environmental, and aesthetic qualities
of the city to the degree possible.
(2) Protect and increase the value of residential and commercial properties within the
city.
(3) Discourage premature clear-cutting of property.
(4) Maintain and enhance a positive image for the attraction of new developments to the
city.
(b) It shall be unlawful for any person to cause or permit the destruction of any healthy, native
tree (herein referred to as a "protected tree") within the city if such tree has a trunk which exceeds
six inches in diameter (or 18.84-inch circumference) at a point 18 inches above the natural ground
level. Provided, however, it shall not be a violation of this provision if a tree is removed and/or
destroyed if the tree is obviously diseased or determined to be diseased by an arborist or in the
opinion of the planning director or his designated representative, said tree constitutes a hazard to
pedestrian and/or vehicular traffic along any such right-of-way.
(c) No person, firm or corporation desirous of developing or improving any parcel of property,
shall remove or cause the removal of any tree from said property without first obtaining a clearing
permit which would allow clearing of buildable areas only.
(d) The provisions of this section are not applicable to individual single family lots.
Sec. 106 - 804. - Tree replacement.
A tree disposition plan or tree survey must be submitted and approved prior to the removal or destruction
of any qualifying protected tree. In the event that it is necessary to remove a protected tree, as a condition
of a building permit issuance, applicant shall be required to replace the tree(s) being removed with
replacement trees as follows:
(a) Replacement trees required. Tree disposition conditions and tree permit authorizing removal
of or damage to protected trees shall normally require replacement by one or more newly planted
trees on the same subject site. If this is not feasible, the owner or developer must plant and
maintain off-site replacement trees in reasonable proximity to the subject site.
(b) Number of replacement trees. For each qualifying protected tree removed from the site, one
replacement tree must be planted on the subject site. If this is not feasible, the applicant may,
upon approval by the director, plant and maintain off-site replacement trees in accordance with
this section, or alternatively, contribute to the city's tree fund.
(c) Minimum size. Replacement trees must normally have a trunk caliper of at least two inches
measured six inches from the ground, with the exception of replacement trees installed on
properties in any designated industrial zone district, in which case the trunk caliper shall be a
minimum of four inches as measured six inches from the ground. The enforcement officer may
prescribe a proportionally smaller trunk caliper for certain species of trees, i.e. Crepe Myrtle.
(d) Qualified trees. To be a "qualified tree", a tree must comply with the recommended tree list
"native or protected" of the city.
(e) Standard of review. The enforcement officer shall use reasonable best efforts to determine the
type and number of replacement trees required in an attempt to minimize undue burden resulting
from this section.
(f) Trees in street area. Before authorizing establishment or maintenance of tree or decorative
landscaping, such as lighting or a watering system in a street area, the building official must be
satisfied that V.T.C.A. Transportation Code, ch. 316 has been complied with and also confirms
there would be no violation of the provisions relating to visibility triangles and future overhead
obstruction.
(g) Single family lots. The provisions of this section are not applicable to individual single family
lots.
Sec. 106 - 805. - Tree fund.
There is hereby established a tree fund, which shall be administered by the director of parks and recreation
or his/her designee. All revenues, mitigation fees, and penalties received pursuant to this section, or for the
enforcement thereof, and any donations or grant monies received to achieve the purpose of tree preservation
or replacement, shall be deposited into the tree fund. Monies in the tree fund may be used to purchase trees
required for replacement but may not be used in any manner that will profit the grantee. Tree replacement
fee shall be calculated at the rate of $250.00 per tree. The amount paid to the tree fund shall be applied at a
maximum of $2,500.00 per acre (or fraction thereof) with a maximum total payment of $100,000.00 per
development.
The owner or developer of any lot or tract of land required to replace trees in accordance with this chapter
may, as an alternative, and upon approval by the city, pay a prescribed fee/amount into the tree fund in
accordance with the following conditions:
(1) Residential and non-residential site plans/plats. Payment to the tree fund must be received by
the city prior to the approval of the development site plan and/or final plat approval by the planning
and zoning commission.
(2) Building permits not requiring site plans/plats. Payment to the tree fund must be received by
the city prior to the issuance of a building permit.
Sec. 106 - 806. - Protective fencing.
(a) Fences required. Unless otherwise specified in the tree disposition conditions, each protected
tree to be preserved must be fenced during development or pre-development activity.
(b) Fence criteria. Unless the tree disposition conditions specify otherwise:
(1) A six-foot or higher fence must surround each protected tree or group of trees,
preventing people, machinery, trash, material, and other items from occupying the area
within the protective fencing.
(2) The fence must be constructed of durable, highly visible materials supported on poles
firmly set in the ground.
(3) The fence must be able to resist intrusions and impact likely to be encountered on a
construction site.
(4) The fence may incorporate existing fences or walls as well as temporary fencing.
(5) Each fence must display a prominent warning sign.
(c) Trash, storage prohibited. It shall be unlawful for any person to use the area within the protective
fencing for trash disposal, storage, vehicle parking or any other use that could adversely affect tree
roots.
(d) If the developer chooses not to fence the tree, the amount paid to the tree fund is doubled the
calculated cost to the tree fund for that tree if it is severely damaged. The cap does not apply to this
amount.
Secs. 106-807106-830. - Reserved.
Section 8. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision
of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a
fine not to exceed TWO THOUSAND DOLLARS ($2,000.00).
Section 9. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately
considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have
been separately passed without any other provision, and if any provision hereof shall be ineffective, invalid
or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof,
but the valid portion shall be in force just as if it had been passed alone.
Section 10. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of
such conflict only.
Section 11. The City Council officially finds, determines, recites and declares that a sufficient written
notice of the date, hour, place and subject of this meeting of the City Council is posted at a place
convenient to the public at the City Hall of the city for the time required by law preceding this meeting,
as required by Chapter 551, TX. Code; and that this meeting has been open to the public as
required by law at all times during which this ordinance and the subject matter thereof has been
discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 12. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City
Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in
the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this
ordinance.
PASSED AND APPROVED this the ____ day of JANUARY, 2020.
CITY OF LA PORTE, TEXAS
By:
Louis R. Rigby, Mayor
ATTEST:
Lee Woodward, City Secretary
APPROVED AS TO FORM:
Clark T. Askins, Assist. City Attorney
ORDINANCE NO. 2020-3770
AN ORDINANCE AMENDING CHAPTER 106 OF THE CODE OF THE
CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING
REGULATIONS RELATED TO TRUCK STOPS, LANDSCAPING REQUIREMENTS,
AND STORAGE OF HAZARDOUNS MATERIALS; PROVIDING THAT ANY
PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED
GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN
A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF; CONTAINING A SEVERABILITY
CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1: That Section 106-
of Ordinances of the City of La Porte, Texas, are hereby amended by adding the following definition, to be
added in proper alphabetical sequence and which shall hereinafter read as follows:
DğƭƚƌźƓĻ {ƷğƷźƚƓ ǞźƷŷ /ƚƓǝĻƓźĻƓĭĻ {ƷƚƩĻƭ means an establishment engaged in retailing
automotive fuels (e.g., diesel fuel, gasoline) in combination with convenience store or food
mart merchandise items. Such establishments are prohibited from providing the following uses
and/or features: 1) dispensing of motor fuels and petroleum via high capacity nozzles; 2)
separate fuel canopy for diesel only pumps; 3) overnight accommodation (hotel/motel room
rental); 4) shower/laundry facilities; commercial motor vehicle servicing/repair; 5) truck scales;
6) overnight truck parking.
Section 2: That the following definitions contained in Section 106-
Ordinances of the City of La Porte, Texas, are
hereby amended and shall hereinafter read as follows:
ƩǒĭƉ ƭƷƚƦ means a commercial/industrial use of property on one site for the refueling,
maintenance and/or servicing of large over the road trucks and commercial motor vehicles
carrying large loads and which may provide have service activities additional amenities for such
vehicles and their drivers. Such establishments may include any of the following uses and/or
features on site: 1) dispensing of motor fuels and petroleum via high capacity nozzles; 2)
separate fuel canopy for diesel only pumps; 3) restaurant or café; 4) shower/laundry facilities;
5) truck servicing/repair; 6) truck scales. Overnight truck parking is permitted only when in
conjunction with truck servicing/repair use on site.
Section 2: That Section 106-
Porte, Texas, is hereby
Section 106-
6 206 20
484 Truck Transportation P P
20. Hazardous materials which may or may not require a placard may not be stored on site for
any length of time, regardless of whether the use is located adjacent to the hazardous cargo route.
This prohibition includes shipments of hazardous materials that are defined as in-transit by the
Department of Transportation (DOT).
Section 3: That A4 Fencing and
Landscaping Requirements
La Porte, Texas, is hereby amended in its entirety and shall hereinafter read as follows:
DIVISION 4. - FENCING AND LANDSCAPING REQUIREMENTS
Sec. 106-789. - Fence materials.
Allowable fence material shall include wood pickets, chain link, masonry, and wrought iron. Any other
materials are subject to approval by the director of planning.
Sec. 106-790. - Subdivision perimeter fences.
Subdivision perimeter fences shall be required in recorded subdivisions that exceed five acres. Such
perimeter fences shall not exceed eight feet in height. Materials shall be limited to opaque wood fences
with brick base and columns and solid brick fences when subdivision backs up to major thoroughfare. The
director of planning may approve other material that meets the intent of this section.
Sec. 106-791. - Front yard areas.
No fences, structures, grading, or barrier hedges shall be permitted within any front yard areas except in the
case of residential large lots, or in the case of lots with a front yard directly adjacent to the shoreline of
Galveston Bay, as provided in section 106-792 (Residential large lots and lots adjacent to Galveston Bay).
Sec. 106-792. - Residential large lots and lots adjacent to Galveston Bay.
In the case of residential large lots, eight feet perimeter fences are permitted as an accessory use. In the case
of lots with a front yard directly adjacent to the shoreline of Galveston Bay, four feet front yard fences are
permitted parallel and adjacent to the side lot lines. However, such fences shall be permitted on the front
lot line directly adjacent to Galveston Bay, and shall only be constituted of chain link. These exceptions do
not permit structures, grading, or barrier hedges.
Sec. 106-793. - Fences in side and rear yards.
Within side yards and rear yards, fences of not higher than eight feet including rot boards and walls 42
inches high or less shall be permitted.
Sec. 106-794. - Fences and trees on utility easements.
Fences or trees placed upon utility easements are subject to removal at the owner's expense if required for
the maintenance or improvement of the utility. Trees on utility easements containing overhead wires shall
not exceed ten feet in height.
Sec. 106-795. - Maintenance of fences.
Both sides of the fence must be maintained in good condition by the owner of the fence and grass/ground
cover adjoining the fence must be mowed and weeds removed on a regular basis.
Subdivision perimeter fences or walls shall be maintained and repaired by the developer, owner, owner's
agent, and/or homeowner association or the management company of a subdivision. Maintenance, repair
or replacement of wood or masonry fence around manufactured housing parks is the sole responsibility of
the owner, its agent, or the management company.
Sec. 106-796. - Barbed wire fences.
Barbed wire fences shall not be permitted, used or constructed except in industrial districts or to control
livestock as hereinafter provided.
Sec. 106-797. - Property line fences in commercial and industrial districts.
Fences in commercial and industrial zones which are primarily erected as a security measure may have
arms projecting into the applicant's property on which barbed wire can be fastened commencing at a point
at least six feet above the ground, and such fence shall not be erected within the required landscaped portion
of any yard of any commercial or industrial establishment. Total fence height, including barbed wire, may
not exceed eight feet in height.
Sec. 106-798. - Fencing and wall requirements for automotive wrecking, salvage yards, junk
dealers, etc.
(a) General requirement. Every automotive wrecking and salvage yard/junk dealer/scrap metal
processor yard with the city shall be completely surrounded and enclosed by a solid fence or
wall which is at least eight feet in height.
(b) Construction, maintenance of fence or wall. Every fence or wall herein shall be constructed
and maintained as follows:
(1) All fences shall be constructed of wood, masonry, corrugated sheet metal, chain link
or any combination thereof; provided, however, that any one side of an automotive
wrecking and salvage yard/junk yard/scrap metal processing yard shall be bounded by a
fence or wall constructed of only one of the above materials.
(2) Chain link fences shall be constructed of galvanized chain link fencing with wood or
metal slats or strips run through all links of the chain link fence.
(3) All fences or walls shall extend downward to within three inches of the ground and
shall test plum and square at all times.
(4) All fences or walls shall be constructed in compliance with all applicable provisions
of the building code of the city.
(c) Use of wall, door or building as part of fence or wall. Any part of a fence or wall required by
subsection (a) of this section may consist in whole or in part of a solid wall and door, or walls and
doors of any completely enclosed building on the premises, if such wall or door meets all
construction requirements set forth in this section.
(d) Gates at openings in enclosure. Openings in the prescribed enclosure which are necessary to
permit reasonable access to said automotive wrecking and salvage yards/junk yards/scrap metal
processing yards shall be equipped with a solid gate or gates, constructed and maintained in
accordance with the requirements for a fence or wall set forth in this section. Such gates shall be
closed and securely locked at all times except during normal daytime business hours.
Sec. 106-799. - Construction, maintenance of electric fences.
(a) Except as provided herein, it shall be unlawful for any person owning or controlling any
property in the city to construct, maintain, or permit to remain on such property any fence charged with
electricity, or to cause any fence to become charged with a current of electricity, to connect any such fence
with a source of electricity or to permit any fence under the control of such person to be connected with a
source of electricity.
(b) The use of electric fences shall be allowed on the premises of any single-family dwelling,
without regard to the zoning district classification of the property, only for the purpose of erecting an
enclosure to restrain the movement of dogs and/or livestock. All electric fence equipment so utilized shall
be a UL approved product and installed and maintained in accordance with the manufacturer's instructions.
The owner and/or controller of the premises shall be responsible for 1) obtaining a building permit prior to
installation of the electric fence; 2) installing and maintaining signage that identifies the fence as an "electric
fence", and 3) scheduling a city inspection to confirm the product is tested/approved and installed in
accordance with manufacturer's instructions.
(c) Permit fees shall be in accordance with Appendix A of the Code of Ordinances.
(d) In any prosecution under this section testimony that any fence was under the control of the
defendant or situated on his premises and that any person received an electric shock by coming in contact
with such fence shall be prima facie evidence that such defendant caused such fence to be charged with a
current of electricity and caused and permitted such fence to be connected with a source of electricity.
Sec. 106-800 Commercial Landscaping
(a) Lot and setback standards.
(1) All off-street parking, maneuvering and loading areas shall be set back at least thirty (30)
feet from any street right-of-way line.
(2) All opaque screening walls and fences shall be set back at least thirty (30) feet from the
right-of-way line of a specified major thoroughfare.
(3) All open storage areas, where permitted by the underlying zoning district, shall be set
back at least thirty (30) feet from the right-of-way line of a specified major thoroughfare.
(b) Landscaping standards.
(1) At least ten (10) percent of the lot shall be landscaped open areas.
(2) Trees are required along the specified major thoroughfare as follows:
a. Large shade trees with a minimum four-inch caliper measured twelve (12) inches
above the root ball shall be provided with the total number of trees equal to one (1)
tree for each ten (10) feet of frontage.
b. Ornamental trees with a minimum two-inch caliper measured twelve (12) inches
above the root ball shall be provided with the total number of trees equal to one (1)
tree for each fifteen (15) feet of frontage.
c. At least sixty (60) percent of required street trees shall be evergreen with year-
round foliage.
d. At time of planting, a minimum six (6) feet shall be provided between individual
trees.
(3) Required interior site landscaping:
a. Space for vehicle overhangs shall be provided in order to avoid damaging planted
trees and shrubs.
b. No parking space shall be greater than fifty (50) feet from a tree.
c. Parking islands shall be provided in the amount of 1 island for every 10 parking
spaces.
(4) A mechanical irrigation system is required within the front yard building and parking
setbacks.
(c) Screening standards.
(1) The following site elements shall be screened form view from a public street:
a. All mechanical and utility equipment. Screens shall incorporate shrubbery having
year-round foliage, and/or a decorative wall, fence, or architectural element of the
building that is a maximum seventy-five (75) percent opaque. Roof-mounted
equipment may be screened with materials that are one hundred (100) percent
opaque.
b. Vehicle parking and/or loading and unloading areas. Screens shall incorporate
shrubbery having year-round foliage and/or a fence, wall, or architectural element
of the building that has a minimum six-foot height and is a maximum seventy-five
(75) percent opaque.
c. Refuse, refuse containers, and recycling containers. Screens shall consist of a solid
fence, wall, or architectural element of the building with a minimum six-foot height.
(2) All fences and walls visible from a public street shall be:
a. Constructed of masonry or wood fencing with landscaping elements to fully screen
the fence from view of public ROW or adjoin property.
b. Consistent in color with the building architecture.
c. Uniform in style and materials along the entire length of the screen within a single
development.
(3) No fence or wall visible from a public street shall be:
a. Greater than eight (8) feet in height.
b. Located within any required visibility triangle.
(d) Constructed with any of the following materials: chain link, coated chain link, chain link
with screening slats, concertina wire, barbed wire, corrugated metal, or fiberglass panels.
(Exception: barbed wire may be used solely to control livestock.)
Sec. 106-800 801. Alternative Landscaping Option.
(a) Landscaping is required along the front property line and along the side property lines in a
minimum four feet wide planting strip. Corner lots shall be treated as having two front property
lines. A certified site plan and/or separate landscape plans shall be submitted in conjunction with
building permit applications. A landscape legend on the site plan shall include type, size, and
number of plantings existing and proposed at site. Approval of landscape requirements is a
condition of building permit approval. The perimeter landscaping requirements of this subsection
are not applicable in the Main Street District Overlay.
(b) Landscaping within public rights-of-way will not contribute towards a total required
landscaping for parking and open-space areas unless approved by the director. Landscaping on
public property or easements is at owner's risk and subject to the requirements of section 106-794
(Fences and trees on utility easements) of this chapter.
(c) Landscaping plans shall be developed using the following criteria:
(1) Location.
a. The required planting strip shall be located adjacent to the front and side property lines
up to the front of the primary structure of the site or the building setback line, whichever
is greater.
b. Trees within the planting strip. There shall be at least one shade tree for every 30 linear
feet of front property. When overhead utility lines are parallel and adjacent to the
planting strip or run parallel within the planting strip, ornamental trees may be substituted
for the required street trees at the rate of one tree for every 20 linear feet of front
property. Trees shall be planted within the planting strip in a boulevard type manner on
center and uniform distance from the curb or pavement.
c. Shrubs within the planting strip. When a parking lot is located between the building
and any adjacent right-of-way, shrubs are required in the planting strip adjacent to the
right-of-way and shall be spaced at three feet on center. At maturity, shrubs in a required
planting strip should form a continual evergreen hedge or row of 36 inch in height.
d. Landscaping shall be in accordance with the visibility triangle requirements in section
106-311 (Visibility triangle).
e. Parking lot requirements.
i. Parking lot with minimum 20 spaces shall provide a planter at the ratio of one
for every ten parking spaces.
ii. Planters (minimum 135 square feet) shall not abut on more than two sides of
required perimeter landscape area. Each required planter shall have one shade
tree. Trees shall be dispersed throughout the parking lot to maximize the shading
effect on the parking spaces. These trees are exclusive of trees planted around the
perimeter of the parking lot.
f. When adjacent to residential, landscaping shall be required in accordance with section
106-444(a) (Screening).
(2) Types of plants and materials. Trees, flowering and non-flowering plants, shrubs, wood,
timber, stone, fountains, and ponds may be used for required landscaping.
a. Shade trees shall be a minimum of two-inch caliper and shall be selected from city's
recommended native/protected trees and plants list. Ornamental trees shall be a minimum
of six feet in height at the time of planting.
b. Shrubs or hedgerow plants shall be no less than five gallons in size.
(3) Maintenance. Required landscaping must be maintained by the property owner and/or
occupant. Vehicles should not encroach upon perimeter landscape areas or planters. Wheel stops
must be provided along perimeter frontage to ensure no overhang or damage to landscape area.
(4) Irrigation. A irrigation system shall be provided to all landscaped areas subject to the
following:
a. On developments greater than one acre, a programmable automatic irrigation system
with rain sensor devices shall be provided to all landscape areas.
b. On developments one acre or less, in lieu of a programmable automatic irrigation
system, a programmable hose bib system may be utilized when plant material is within
100 feet of the hose bib.
c. An exception from the irrigation system requirements shall be allowed when utilizing
drought tolerant and native plants as identified by Texas A&M University's current table
for this region. These plantings must be established through manual irrigation for a
minimum of six weeks after planting.
(d) Commercial projects who follow the landscaping guidelines as described in this section (106-
801) are subject to additional façade requirements as described in Article IX, Divisions 1-3 of
(d) Landscaping/screening for shipping container facilities.
(1) The property owner or tenant shall provide a natural screening. This will be accomplished in
one of three ways.
a. Leave in place existing trees, vegetation, underbrush, etc. to provide a thorough,
continuous and effective opaque visual screening of the shipping container development.
b. Construct earthen berms with a combination of trees, shrubs, and ground cover that after
three years will be at least 20 feet in height and creates a continuous visual screen.
c. Develop a screening plan that would be approved by the city that includes a combination of
trees, shrubs, and ground cover that after three years will be at least 20 feet in height and
creates a continuous visual screen.
(2) The property owner or tenant will provide screening along the frontage of the site and along
the side yards for a distance of 50 feet. In the advent that the site is adjacent to a commercial or
residential use, the screening shall be required for the entire length of the adjacent yard area.
(3) All required screening shall be adjusted away from overhead power lines to allow for full
maturity of the trees without unnecessary trimming or topping of the trees.
(e) Placement of landscaping shall be in accordance with the visibility triangle requirements of
section 106-311 (Visibility triangle).
(f) Screening for commercial and industrial uses adjacent to residential shall refer to the
requirements of section 106-444(a) (Commercial performance standards).
Sec. 106-802. - Landscaping/screening for shipping container facilities.
(1) The property owner or tenant shall provide a natural screening. This will be
accomplished in one of three ways.
a. Leave in place existing trees, vegetation, underbrush, etc. to provide a
thorough, continuous and effective opaque visual screening of the shipping
container development.
b. Construct earthen berms with a combination of trees, shrubs, and ground cover
that after three years will be at least 20 feet in height and creates a continuous
visual screen.
c. Develop a screening plan that would be approved by the city that includes a
combination of trees, shrubs, and ground cover that after three years will be at
least 20 feet in height and creates a continuous visual screen.
(2) The property owner or tenant will provide screening along the frontage of the site and
along the side yards for a distance of 50 feet. In the advent that the site is adjacent to a
commercial or residential use, the screening shall be required for the entire length of the
adjacent yard area.
(3) All required screening shall be adjusted away from overhead power lines to allow for
full maturity of the trees without unnecessary trimming or topping of the trees.
Sec. 106-801 803. - Tree preservation.
(a) It is the intent of this section to encourage the preservation of existing trees within the city
and to prohibit their unwarranted destruction. The city encourages site planning which furthers
the preservation of trees and natural areas by the following methods: To protect trees during
construction; to facilitate site design and construction which contributes to the long term viability
of existing trees; and to control premature removal of trees; require on-site replacement of trees
that must be removed and require off-site replacement of trees that cannot be replaced on-site,
either by direct planting as outlined in section 106-802 (tree replacement) or through a
contribution to the tree fund established in section 106-803 (tree fund) of this chapter. It is the
further intent of this section to achieve the following objectives:
(1) Protect healthy trees and preserve the natural, environmental, and aesthetic qualities
of the city to the degree possible.
(2) Protect and increase the value of residential and commercial properties within the
city.
(3) Discourage premature clear-cutting of property.
(4) Maintain and enhance a positive image for the attraction of new developments to the
city.
(b) It shall be unlawful for any person to cause or permit the destruction of any healthy, native
tree (herein referred to as a "protected tree") within the city if such tree has a trunk which exceeds
six inches in diameter (or 18.84-inch circumference) at a point 18 inches above the natural ground
level. Provided, however, it shall not be a violation of this provision if a tree is removed and/or
destroyed if the tree is obviously diseased or determined to be diseased by an arborist or in the
opinion of the planning director or his designated representative, said tree constitutes a hazard to
pedestrian and/or vehicular traffic along any such right-of-way.
(c) No person, firm or corporation desirous of developing or improving any parcel of property,
shall remove or cause the removal of any tree from said property without first obtaining a clearing
permit which would allow clearing of buildable areas only.
(d) The provisions of this section are not applicable to individual single family lots.
Sec. 106-802 804. - Tree replacement.
A tree disposition plan or tree survey must be submitted and approved prior to the removal or destruction
of any qualifying protected tree. In the event that it is necessary to remove a protected tree, as a condition
of a building permit issuance, applicant shall be required to replace the tree(s) being removed with
replacement trees as follows:
(a) Replacement trees required. Tree disposition conditions and tree permit authorizing removal
of or damage to protected trees shall normally require replacement by one or more newly planted
trees on the same subject site. If this is not feasible, the owner or developer must plant and
maintain off-site replacement trees in reasonable proximity to the subject site.
(b) Number of replacement trees. For each qualifying protected tree removed from the site, one
replacement tree must be planted on the subject site. If this is not feasible, the applicant may,
upon approval by the director, plant and maintain off-site replacement trees in accordance with
this section, or alternatively, contribute to the city's tree fund.
(c) Minimum size. Replacement trees must normally have a trunk caliper of at least two inches
measured six inches from the ground, with the exception of replacement trees installed on
properties in any designated industrial zone district, in which case the trunk caliper shall be a
minimum of four inches as measured six inches from the ground. The enforcement officer may
prescribe a proportionally smaller trunk caliper for certain species of trees, i.e. Crepe Myrtle.
(d) Qualified trees. To be a "qualified tree", a tree must comply with the recommended tree list
"native or protected" of the city.
(e) Standard of review. The enforcement officer shall use reasonable best efforts to determine the
type and number of replacement trees required in an attempt to minimize undue burden resulting
from this section.
(f) Trees in street area. Before authorizing establishment or maintenance of tree or decorative
landscaping, such as lighting or a watering system in a street area, the building official must be
satisfied that V.T.C.A. Transportation Code, ch. 316 has been complied with and also confirms
there would be no violation of the provisions relating to visibility triangles and future overhead
obstruction.
(g) Single family lots. The provisions of this section are not applicable to individual single family
lots.
Sec. 106-803 805. - Tree fund.
There is hereby established a tree fund, which shall be administered by the director of parks and recreation
or his/her designee. All revenues, mitigation fees, and penalties received pursuant to this section, or for the
enforcement thereof, and any donations or grant monies received to achieve the purpose of tree preservation
or replacement, shall be deposited into the tree fund. Monies in the tree fund may be used to purchase trees
required for replacement but may not be used in any manner that will profit the grantee. Tree replacement
fee shall be calculated at the rate of $250.00 per tree. The amount paid to the tree fund shall be applied at a
maximum of $2,500.00 per acre (or fraction thereof) with a maximum total payment of $100,000.00 per
development.
The owner or developer of any lot or tract of land required to replace trees in accordance with this chapter
may, as an alternative, and upon approval by the city, pay a prescribed fee/amount into the tree fund in
accordance with the following conditions:
(1) Residential and non-residential site plans/plats. Payment to the tree fund must be received by
the city prior to the approval of the development site plan and/or final plat approval by the planning
and zoning commission.
(2) Building permits not requiring site plans/plats. Payment to the tree fund must be received by
the city prior to the issuance of a building permit.
Sec. 106-804 806. - Protective fencing.
(a) Fences required. Unless otherwise specified in the tree disposition conditions, each protected
tree to be preserved must be fenced during development or pre-development activity.
(b) Fence criteria. Unless the tree disposition conditions specify otherwise:
(1) A six-foot or higher fence must surround each protected tree or group of trees,
preventing people, machinery, trash, material, and other items from occupying the area
within the protective fencing.
(2) The fence must be constructed of durable, highly visible materials supported on poles
firmly set in the ground.
(3) The fence must be able to resist intrusions and impact likely to be encountered on a
construction site.
(4) The fence may incorporate existing fences or walls as well as temporary fencing.
(5) Each fence must display a prominent warning sign.
(c) Trash, storage prohibited. It shall be unlawful for any person to use the area within the protective
fencing for trash disposal, storage, vehicle parking or any other use that could adversely affect tree
roots.
(d) If the developer chooses not to fence the tree, the amount paid to the tree fund is doubled the
calculated cost to the tree fund for that tree if it is severely damaged. The cap does not apply to this
amount.
Secs. 106-807106-830. - Reserved.
Section 8. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision
of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a
fine not to exceed TWO THOUSAND DOLLARS ($2,000.00).
Section 9. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately
considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have
been separately passed without any other provision, and if any provision hereof shall be ineffective, invalid
or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof,
but the valid portion shall be in force just as if it had been passed alone.
Section 10. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of
such conflict only.
Section 11. The City Council officially finds, determines, recites and declares that a sufficient written
notice of the date, hour, place and subject of this meeting of the City Council is posted at a place
convenient to the public at the City Hall of the city for the time required by law preceding this meeting,
as required by Chapter 551, TX. Code; and that this meeting has been open to the public as
required by law at all times during which this ordinance and the subject matter thereof has been
discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 12. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City
Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in
the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this
ordinance.
PASSED AND APPROVED this the ____ day of JANUARY, 2020.
CITY OF LA PORTE, TEXAS
By:
Louis R. Rigby, Mayor
ATTEST:
Lee Woodward, City Secretary
APPROVED AS TO FORM:
Clark T. Askins, Assist. City Attorney
City of La PortePlanning and Development Department
Established 1892 Teresa Evans, Director
November 22, 2019
Honorable Mayor Rigby and City Council
City of La Porte
RE:
Dear Mayor Rigby and City Council:
The La Porte Planning and Zoning Commission held a public hearing at the November 21, 2019
meeting to consider approval of an ordinance amending certain provisions of Chapter 106
(Zoning) of the City of
the commission.
The Commission voted 8-0 to recommend approval of the provisions as included in the drafted
ordinance presented in the Request for City Council Agenda Item.
Respectfully submitted,
Ian Clowes, City Planner
On behalf of the Planning and Zoning Commission
City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020
Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005
www.laportetx.gov
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:January 13, 2020
Requested By:Source of Funds:Hotel/Motel Fund
Jason Weeks, Asst. City Mgr.
Department:
Administration/CMO
Account Number:037-6063-565-6016
Amount Budgeted:$165,000
ReportResolution Ordinance
Amount Requested: $165,000
Exhibits: New Agreement markup, Old Agreement
Budgeted Item:YesNo
and New Agreement final
SUMMARY
The City of La Porte has an agreement with the La Porte-Bayshore Chamber of Commerce for
general promotional and tourist advertising of the City of La Porte and conducting solicitation
and operating programs and conducting special programs to contract conventions and visitors.
This agreement began on October 1, 2016 and ended on September 30, 2019. The agreement
includes an extension of two (2) additional years with the same terms unless another
agreement can be mutually agreed-upon. The initial agreement was for $125,000 and was
proposed to be increased to $162,500 during the fiscal year 2019-2020 budget process.
However,during the budget process for FY2019-2020, the City Council approved to increase
the contribution to the La Porte-Bayshore Chamber of Commerce from $125,000 to $165,000
annually. These funds would be generated from the Hotel Occupancy Tax collected from all
local hotel/motel establishments. A portion of the increase will cover all the various Chamber
events and sponsorship opportunities that the City typically attends in a given calendar year.
In prior years these fees have been billed separately from the contract. The new amount of
$165,000 will include events/sponsorships for events such as but not limited to annual
Chamber installation banquet, State of the Cities luncheon, State of the County luncheon, State
of the Industry luncheon, annual hamburger cookout, Hook Line & Sinker fishing tournament,
LPISD new teacher luncheon, first responder’s breakfast, Salute to Industry golf tournament,
Salute to Industry banquet, State of the District luncheon and Leadership La Porte (city
representative for Leadership La Porte).
The Chamber has broken down their budget of the $165,000 as follows:
Advertising/Promotion ($25,000) – Sylvan Beach Festival advertising in newspapers,
magazines, radio, billboards, etc.
Administrative Fee ($26,500) – This figure is less than 10% of the general operating
budget. Minimum of 10% of staff time is devoted to tourism (phone inquiries, walk-ins,
postage, supplies). Also, this includes the $7,570 for events/sponsorships for City staff
& council.
Entertainment ($100,700) –These funds will be used to secure high profile entertainers
(typically a headliner and opening act) as well as a “throw-back act” and 2-3 local artist
each year with the goal of enticing out of town guests to our city for the annual Sylvan
Beach Festival.
Security ($9,000) –These funds will be used to pay for the additional security not
covered by the City or County. The Chamber will employ many La Porte Police
Department officers and 4-5 Harris County Sheriff’s Office officers each year.
Printing/Publications ($1,800) –The past two (2) years theChamber has actually used
these funds to create information maps for the Sylvan Beach Festival and for additional
targeted marketing via social media.
Contingency ($2,000) – The past two (2) years the Chamber has allocated these funds
to marketing and entertainment.
The new agreement is almost identical to the expiring agreement with the exception of the
following notable change:
Updated beginning date year, added “Texas” and “adopted” to the beginning of the
Sections.
Section I has removed the wording “including the establishment and operation of
Chamber of a convention and visitors bureau.” Additional changes included some re-
wording and grammar.
Section II has updated the amount from $125,000 to $165,000. Also, the wording “The
City’s obligation to forward payment as established herein is subject to its right to
terminate this agreement at any point during the City’s fiscal year with 30 days advance
written notice, as authorized in Section XIII of this agreement” has been removed from
this section and moved to Section IV with changes.
Section III dates have been updated to read with the beginning date of October 1, 2019
and expiring date of September 30, 2022and the last two sentences have been
removed. Based on City Council discussions at the budget meetings, the City Council
will revisit the contract amount and splitting of net proceeds at the end of this three
year agreement.
Section IV has been updated to add language to allow either party to terminate without
cause giving a ninety-day written notice. The remainder of the original part of this
section has been removed.Due to the need for the Chamber to secure deposits for
entertainment in a timely manner, there is a need to increase the advanced days of
written termination notice.
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Section V has changed the payment date to 15day following the end of the first
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quarter of the fiscal year, which would be January 15instead of the 45 day. This will
allow for timely payment for the Chamber to make payment to secure entertainment
for Sylvan Beach Festival.
Section VII has been amended to remove the requirement of the Chamber to record
expenditures related to this program in separate accounts.
Section VIII has been amended to account for the changes in the updated years.
Section XI has changed some grammar and language.
Section XIII added the wording “ninety”, changed termination notice from 30 days to
90 days to match Section IV and removed the two-year renewal option. Based on City
Council discussions during the FY 2019-20 budget process about how to handle the
agreement after the three-year term, staff has removed any extension options to allow
City Council, staff and Chamber tobegin dialogue about next agreement for the FY
2022-2023 period.
Again theterm of the new agreement is for three years and will expire on September
30, 2022, with a new amount of $165,000 annually, no splitting of any net proceeds in
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excess of $50,000and annual contribution to Chamber will be paid on the 15 day after
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the end of the first quarter of the fiscal year (January 15).
RECOMMENDED MOTION
I move to approve authorizing the Mayor to execute an agreement with the La Porte -
Bayshore Chamber of Commerce for general promotional and tourist 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 convention and visitors bureau in the annual amount of $165,000 for a term of
three (3) years beginning on October 1, 2019 and expiring on September 30, 2022.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
THE STATE OF TEXAS
COUNTY OF HARRIS
st
This agreement made and entered into effective the 1day of October, 20162019, by and
between the City of La Porte, Texas,a municipal corporation, hereinafter called "City", and The
La Porte -Bayshore Chamber of Commerce, a non-profit corporation chartered under the Laws
of the State of Texas, hereinafter called "Chamber,"
WITNESSETH:
WHEREAS, City, as authorized by Texas Tax Code Chapter 351, has adoptedan ordinance
providing for the assessment and collection of a Hotel Occupancy tax in the City of La Porte of
seven percent (7%) of the consideration paid by the occupant of a room, space or facility in
any hotel/motel; and
WHEREAS, the Chamber is equipped to advertise and conduct solicitation programs to
acquaint potential users with public meeting and convention facilities and to promote tourism
and advertise the City of La Porte; and
WHEREAS, it is to the mutual benefit of the City and Chamber that the City provide funds to
the Chamber for the above stated purposes and that the Chamber use such funds for the above
stated purposes;
NOW, THEREFORE, in consideration of the premises and of the mutual covenants herein
contained, City and Chamber hereby agree as follows:
SECTION I.
Chamber shall employ its best efforts for general promotional and tourist advertising of the
City of La Porte and forconducting solicitation and operating programs and conducting
implementing special programs to contract conventions and visitors.
SECTION II.
As a consideration for the services set forth in Section 1 hereof, and as part of its obligation
under Chapter 351 of the Texas Tax Code to use local hotel occupancy tax funds for attracting
and promoting tourism and the convention and hotel industry, City agrees to pay to Chamber
an amount not to exceed $125,000$165,000.00 from funds received by City from its Hotel
Occupancy Tax, in any each City fiscal year (being October 1 to September 30 of the following
calendar year) during the term of this agreement, according to the payment schedule
established in Section V, herein. However, if in any year during the term of this agreement
.
(beginning with the 2016-2017 fiscal year) the Chamber’s Sylvan Beach Festival fundraiser
should yield more than $50,000.00 in net proceeds, Chamber agrees to remit to the City fifty
percent (50%) of each dollar raised in excess of said $50,000.00 threshold. In the event a
remittance is made to the City such funds shall be deposited into City’s hotel occupancy tax
fund.
The City’s obligation to forward payment as established herein is subject to its right to
terminate this agreement at any point during the City’s fiscal year with 30 days advance written
notice, as authorized in Section XIII of this agreement.
SECTION III.
The term of this agreement is for three (3) years, beginning on October 1, 2019 and expiring
on September 30, 2022. No less than ninety (90) days prior to the expiration of the initial 3-
year term of this agreement, the City and Chamber may renegotiate the cap level as established
in Section II. Any increase in the base contribution will be based on the annual performance
report and the annual budget submittal by the Chamber and shall be approved by City Council.
SECTION IV.
Either party may terminate this agreement without cause by giving thirty (30)ninety (90) days
written notice to the non-cancelling party. In the event (30) days advance written notice of
termination is not received by the other party to this agreement at least ninety (90) days prior
to the agreement conclusion date at the expiration of the initial three (3) year term, this
agreement shall be extended on the same terms and conditions for one additional two (2) year
term.
SECTION V.
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The City shall, on or before the 4515 day following the end of the first quarter of each fiscal
th
year (January 15) during the term of this Agreement, pay $125,000$165,000.00 to Chamber.
For the purpose of this agreement, City shall make only one payment per year, forwhich will be
on or before said January 15 date, in the full amount of $165,000.00 full amount on or before
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the45day following the quarter ending on September 30, 2016. The City's obligation to
forward payment as established herein is subject to its right to terminate this agreement at any
point during City's fiscal year with ninety(90)days advance written notice, as authorized in
Sections IV andXIII of this agreement.
SECTION VI.
Chamber agrees that any and all Hotel Occupancy Tax funds paid to it by City shall be used
only in the following specific areas:
(1)The furnishing of facilities, personnel, and materials for the registration of
convention delegates or registrants;
(2) Advertising and conducting solicitations and promotional programs to attract
tourists and convention delegates or registrants to the municipality or its vicinity;
(3) Advertising and conducting solicitations and promotional programs to encourage
tourists and convention delegates to visit preserved historic sites or museums.
Chamber agrees to conduct a continuing program of advertising and promotion for the
purpose of attracting visitors, tourists, and conventions to the local area and to City by
publishing and distributing 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 information about City upon request, and that it will serve as an advisory body to City,
upon request, in matters related to expanding the tourist-derived economy.
SECTION VII.
The Chamber agrees that it will record expenditures involved in this program on a monthly
basis in separate accounts. The books of account will be maintained in a 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 report will be
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forwarded on or before the 30day following the end of the quarter.
SECTION VIII.
The Chamber agrees, yearly, to prepare an annual budget on the use of Hotel Occupancy Tax
funds received from the City of La Porte and to submit it to the La Porte City Council for
approval. The budget submitted to City Council will coincide with the City's fiscal year. For
the first year of this agreement, the Chamber agrees to submit its budget for the 2016-
20172019-2020 fiscal year to City Council on or before October 1, 20162019. For all future
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years, Chamber agrees to submit its budget on or before July 5of each year. Any special
program promoted by the Chamber of Commerce should be included in the annual budget and
reporting submitted by the Chamber.
.
SECTION IX.
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 agreement, which shall reflect overall 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 funds received pursuant to this agreement.
SECTION X.
The City reserves the right to audit, utilizing its staff or outside assistance, the annual
financial activity of the Chamber that relates to the use of funds from City's Hotel Occupancy
Tax. 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 expenses, 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 Occupancy Tax revenues are expended may not exceed
the actual administrative costs for these activities.
SECTION XI.
It is understood and agreed that Chamber shall not in any sense be considered a partner or
engaged in a joint venture ventures with City, nor shall Chamber be considered nor in any
manner hold itself out as an agent or official representative of City. Chamber shall be
considered an independent contractor for the purposes of this agreement and shall in no
manner incur any expensesor liability on behalf of City.
SECTION XII.
Chamber does further agree to hold City harmless from any and all claims by third parties for
any injuries, damage or liability occasioned by Chamber in connection with this agreement.
SECTION XIII.
It is understood and agreed that this contract shall be terminated upon occurrence of any of
the following events:
1. The giving of ninety (90)(30) days advance written notice of termination by either
party to the other party, if received by the non-terminating party at least ninety (90)
days prior to the date of conclusion of this agreementat the end of either the initial
termor the two (2) year renewal term;
2.The termination of the corporate existence of Chamber;
3.The insolvency of Chamber, the filing of a petition in bankruptcy, either by or against
Chamber, or an assignment by Chamber for the benefit of creditors;
4. The breach by Chamber of any of the terms and conditions of this agreement and the
continuation of such breach for a period of ten (10) days after written notice is given
by City to Chamber of such breach;
SECTION XIV.
In the event of the termination of this agreement as provided in Section XIII hereof, the City
shall pro-rate, to the date of termination, the annual payment made in accordance with Section
V.
SECTION XV.
This contract is not assignable.
SECTION XVI.
Any notice required to be given under the terms and provisions of this agreement shall be
effective if and when given in writing and deposited in the United States Mail, certified or
registered mail, return receipt requested, on the date so deposited and addressed to the
respective parties as follows:
City Manager
City of La Porte, Texas
604 West Fairmont Parkway
La Porte, Texas 77571
President
La Porte - Bayshore Chamber of Commerce
PO Box 996
La Porte, Texas 77572-0996
SECTION XVII.
All the terms, condition and stipulations of this agreement are subject to all applicable federal
laws, and Charter of the City of La Porte, all ordinances passed pursuant thereto and all
.
judicial determinations relative thereto.
CITY OF LA PORTE, TEXAS
By: ______________________________
Louis R. Rigby, Mayor
______________________________
City Secretary
______________________________
City Attorney
LA PORTE-BAYSHORE CHAMBER OF COMMERCE
By: ______________________________
President
Attest:
________________________
THE STATE OF TEXAS
COUNTY OF HARRIS
st
This agreement made and entered into effective the 1day of October, 2019, by and between
the City of La Porte, Texas, a municipal corporation, hereinafter called "City", and The La Porte -
Bayshore Chamber of Commerce, a non-profit corporation chartered under the Laws of the
State of Texas, hereinafter called "Chamber,"
WITNESSETH:
WHEREAS, City, as authorized by Texas Tax Code Chapter 351, has adopted an ordinance
providing for the assessment and collection of a Hotel Occupancy tax in the City of La Porte of
seven percent (7%) of the consideration paid by the occupant of a room, space or facility in
any hotel/motel; and
WHEREAS, the Chamber is equipped to advertise and conduct solicitation programs to
acquaint potential users with public meeting and convention facilities and to promote tourism
and advertise the City of La Porte; and
WHEREAS, it is to the mutual benefit of the City and Chamber that the City provide funds to
the Chamber for the above stated purposes and that the Chamber use such funds for the above
stated purposes;
NOW, THEREFORE, in consideration of the premises and of the mutual covenants herein
contained, City and Chamber hereby agree as follows:
SECTION I.
Chamber shall employ its best efforts for general promotional and tourist advertising of the
City of La Porte and for conducting solicitation and operating programs and implementing special
programs to contract conventions and visitors.
SECTION II.
As a consideration for the services set forth in Section 1 hereof, and as part of its obligation
under Chapter 351 of the Texas Tax Code to use local hotel occupancy tax funds for attracting
and promoting tourism and the convention and hotel industry, City agrees to pay to Chamber
$165,000.00 from funds received by City from its Hotel Occupancy Tax, in each City fiscal year
(being October 1 to September 30 of the following calendar year) during the term of this
agreement, according to the payment schedule established in Section V, herein.
.
SECTION III.
The term of this agreement is for three (3) years, beginning on October 1, 2019 and expiring
on September 30, 2022.
SECTION IV.
Either party may terminate this agreement without cause by giving ninety (90) days written
notice to the non-cancelling party.
SECTION V.
th
The City shall, on or before the 15day following the end of the first quarterof each fiscal year
th
(January 15)during the term of this Agreement, pay $165,000.00to Chamber.City shall make
only one payment per year, which will be on or before said January 15 date, in the full amount
of $165,000.00.The City's obligation to forward payment as established herein is subject to its
right to terminate this agreement at any point during City's fiscal year with ninety(90) days
advance written notice, as authorized in Sections IV and XIII of this agreement.
SECTION VI.
Chamber agrees that any and all Hotel Occupancy Tax funds paid to it by City shall be used
only in the following specific areas:
(1) The furnishing of facilities, personnel, and materials for the registration of
convention delegates or registrants;
(2) Advertising and conducting solicitations and promotional programs to attract
tourists and convention delegates or registrants to the municipality or its vicinity;
(3) Advertising and conducting solicitations and promotional programs to encourage
tourists and convention delegates to visit preserved historic sites or museums.
Chamber agrees to conduct a continuing program of advertising and promotion for the
purpose of attracting visitors, tourists, and conventions to the local area and to City by
publishing and distributing 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 information about City upon request, and that it will serve as an advisory body to City,
upon request, in matters related to expanding the tourist-derived economy.
SECTION VII.
The Chamber agrees that it will record expenditures involved in this program on a monthly
basis. The books of account will be maintained in a 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 report will be forwarded on or before the
th
30day following the end of the quarter.
SECTION VIII.
The Chamber agrees, yearly, to prepare an annual budget on the use of Hotel Occupancy Tax
funds received from the City of La Porte and to submit it to the La Porte City Council for
approval. The budget submitted to City Council will coincide with the City's fiscal year. For
the first year of this agreement, the Chamber agrees to submit its budget for the 2019-2020
fiscal year to City Council on or before October 1, 2019. For all future years, Chamber
th
agrees to submit its budget on or before July 5of each year. Any special program promoted by
the Chamber of Commerce should be included in the annual budget and reporting submitted
by the Chamber.
SECTION IX.
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 agreement, which shall reflect overall 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 funds received pursuant to this agreement.
SECTION X.
The City reserves the right to audit, utilizing its staff or outside assistance, the annual
financial activity of the Chamber that relates to the use of funds from City's Hotel Occupancy
Tax. 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 expenses, 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 Occupancy Tax revenues are expended may not exceed
the actual administrative costs for these activities.
.
SECTION XI.
It is understood and agreed that Chamber shall not in any sense be considered a partner or
engaged in a joint venture with City, nor shall Chamber be considered nor in any manner hold
itself out as an agent or official representative of City. Chamber shall be considered an
independent contractor for the purposes of this agreement and shall in no manner incur any
expenses or liability on behalf of City.
SECTION XII.
Chamber does further agree to hold City harmless from any and all claims by third parties for
any injuries, damage or liability occasioned by Chamber in connection with this agreement.
SECTION XIII.
It is understood and agreed that this contract shall be terminated upon occurrence of any of
the following events:
1. The giving of ninety (90) days advance written notice of termination by either party
to the other party;
2. The termination of the corporate existence of Chamber;
3. The insolvency of Chamber, the filing of a petition in bankruptcy, either by or against
Chamber, or an assignment by Chamber for the benefit of creditors;
4. The breach by Chamber of any of the terms and conditions of this agreement and the
continuation of such breach for a period of ten (10) days after written notice is given
by City to Chamber of such breach;
SECTION XIV.
In the event of the termination of this agreement as provided in Section XIII hereof, the City
shall pro-rate, to the date of termination, the annual payment made in accordance with Section
V.
SECTION XV.
This contract is not assignable.
SECTION XVI.
Any notice required to be given under the terms and provisions of this agreement shall be
effective if and when given in writing and deposited in the United States Mail, certified or
registered mail, return receipt requested, on the date so deposited and addressed to the
respective parties as follows:
City Manager
City of La Porte, Texas
604 West Fairmont Parkway
La Porte, Texas 77571
President
La Porte - Bayshore Chamber of Commerce
PO Box 996
La Porte, Texas 77572-0996
SECTION XVII.
All the terms, condition and stipulations of this agreementare subject to all applicable federal
laws, and Charter of the City of La Porte, all ordinances passed pursuant thereto and all
judicial determinations relative thereto.
CITY OF LA PORTE, TEXAS
By: ______________________________
Louis R. Rigby, Mayor
______________________________
City Secretary
______________________________
City Attorney
LA PORTE-BAYSHORE CHAMBER OF COMMERCE
By: ______________________________
President
Attest:
________________________
.
THE STATE OF TEXAS
COUNTY OF HARRIS
This agreement made and entered into effective the 1st day of October 2016, by and between the
City of La Porte, a municipal corporation, hereinafter called "City ", and The La Porte Bayshore
Chamber of Commerce, a non-profit corporation chartered under the Laws of the State of Texas,
hereinafter called "Chamber,"
WITNESSETH:
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 La Porte of seven percent
(7%) of the consideration paid by the occupant of a room, space or facility in any hotel/motel;
and
WHEREAS, the Chamber is equipped to advertise and conduct solicitation programs to acquaint
potential users with public meeting and convention facilities and to promote tourism and
advertise the City of La Porte; and
WHEREAS, it is to the mutual benefit of the City and Chamber that the City provide funds to the
Chamber for the above stated purposes and that the Chamber use such funds for the above stated
purposes;
NOW, THEREFORE, in consideration of the premises and of the mutual covenants herein
contained, City and Chamber hereby agree as follows:
SECTION I.
Chamber shall employ its best efforts for general promotional and tourist advertising of the City
of La Porte and conducting solicitation and operating programs and conducting special programs
to agreement conventions and visitors, including the establishment and operation by Chamber of
a convention and visitors bureau.
SECTION II.
As a consideration for the services set forth in Section 1 hereof, and as part of its obligation
under Chapter 351 of the Texas Tax Code to use local hotel occupancy tax funds for attracting
and promoting tourism and the convention and hotel industry, City agrees to pay to Chamber an
amount not to exceed $125,000.00 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 year) during
the term of this agreement, according to the payment schedule established in Section V, herein.
However, if in any year during the term of this agreement (beginning with the 2016- 2017 fiscal
year) the Chamber's 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 made to the City such funds shall be
deposited into City's hotel occupancy tax fund.
The City's obligation to forward payment as established herein is subject to its right to terminate
this agreement at any point during City's fiscal year with 30 days advance written notice, as
authorized in Section XIII of this agreement.
SECTION III.
The term of this agreement is for three (3) years, beginning on October 1, 2016 and expiring on
September 30, 2019. No less than ninety (90) days prior to the expiration of the initial 3- year
term of this agreement, the City and Chamber may renegotiate the cap level as established in
Section II. Any increase in the base contribution will be based on the annual performance report
and the annual budget submittal by the Chamber and shall be approved by City Council.
SECTION IV.
In the event 30 days advance written notice of termination is not received by the other party to
this agreement at least ninety (90) days prior to the agreement conclusion date at the expiration
of the initial three (3) year term, this agreement shall be extended on the same terms and
conditions for one additional two (2) year term.
SECTION V.
The City shall, on or before the 45th day following the end of the first quarter of the fiscal year,
pay $125,000. For purposes of this agreement, City shall make only one payment per year for
the full annual amount on or before the 45th day following the quarter ending on September 30,
2016.
SECTION VI.
Chamber agrees that any and all Hotel Occupancy Tax funds paid to it by City shall be used only
in the following specific areas:
1.The furnishing of facilities, personnel, and materials for the registration of convention
delegates or registrants;
2.Advertising and conducting solicitations and promotional programs to attract tourists and
convention delegates or registrants to the municipality or its vicinity;
3.Advertising and conducting solicitations and promotional programs to encourage tourists
and convention delegates to visit preserved historic sites or museums.
Chamber agrees to conduct a continuing program of advertising and promotion for the purpose
of attracting visitors, tourists, and conventions to the local area and to City by publishing and
distributing 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 information about City upon
request, and that it will serve as an advisory body to City, upon request, in matters related to
expanding the tourist-derived economy.
SECTION VII.
The Chamber agrees that it will record expenditures involved in this program on a monthly basis
in separate accounts. The books of account will be maintained in a 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 report will be forwarded on or before the
30th day following the end of the quarter.
SECTION VIII.
The Chamber agrees, yearly, to prepare an annual budget on the use of Hotel Occupancy Tax
funds received from the City of La Porte and to submit it to the La Porte City Council for
approval. The budget submitted to City Council will coincide with the City's fiscal year. For the
year of this agreement, the Chamber agrees to submit its budget for the 2016 -2017 fiscal year to
City Council on or before October 1, 2016. For all future years, Chamber agrees to submit its
budget on or before July 5th 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.
SECTION IX.
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
agreement; which shall reflect overall 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
funds received pursuant to this agreement.
SECTION X.
The City reserves the right to audit, utilizing its staff or outside assistance, the annual financial
activity of the Chamber that relates to the use of funds from City's Hotel Occupancy Tax. 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 expenses,
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 Occupancy Tax revenues are expended may not exceed the actual administrative
costs for these activities.
SECTION XI.
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 nor in any manner hold itself out as an
agent or official representative of City. Chamber shall be considered an independent contractor
for the purposes of this agreement and shall in no manner incur any expenses or liability on
behalf of City.
SECTION XII.
Chamber does further agree to hold City harmless from any and all claims by third parties for
any injuries, damage or liability occasioned by Chamber in connection with this agreement.
SECTION XIII.
It is understood and agreed that this agreement shall be terminated upon occurrence of any of the
following events:
1.The giving of 30 days advance written notice of termination by either party to the other
party, if received by the non-terminating party at least ninety (90) days prior to the date
of conclusion of this agreement at the end of either the initial term or the two (2) year
renewal term;
2.The termination of the corporate existence of Chamber;
3.The insolvency of Chamber, the filing of a petition in bankruptcy, either by or against
Chamber, or an assignment by Chamber for the benefit of creditors;
4.The breach by Chamber of any of the terms and conditions of this agreement and the
continuation of such breach for a period of ten (10) days after written notice is given by
City to Chamber of such breach.
SECTION XIV.
In the event of the termination of this agreement as provided in Section XIII hereof, the City
shall pro-rate, to the date of termination, the annual payment made in Section V.
SECTION XV.
This agreement is not assignable.
SECTION XVI.
Any notice required to be given under the terms and provisions of this agreement shall be
effective if and when given in writing and deposited in the United States Mail, certified or
registered mail, return receipt requested, on the date so deposited and addressed to the respective
parties as follows:
City Manager
City of La Porte
604 West Fairmont Parkway
La Porte, Texas 77571
President
La Porte - Bayshore Chamber of Commerce
PO Box 996
La Porte, Texas 77572-0996
SECTION XVII.
All the terms, condition and stipulations of this agreement are subject to all applicable federal
laws, and Charter of the City of La Porte, all ordinances passed pursuant thereto and all judicial
determinations relative thereto.
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:January 13, 2020
Source of Funds:
Requested By: Louis R. Rigby, Mayor
Department: City Council
Account Number:
Amount Budgeted:
ReportResolution Ordinance
Amount Requested:
Exhibits: Ordinance 2019-3758
Budgeted Item:Yes No
Current, proposed redline, and proposed
clean versions of the Council Rules of
Procedure and Council Ethics Policy
SUMMARY
Beginning on September 9, this item has been considered at several City Council meetings. At
the December 9 Council meeting, a subcommittee was appointed and charged with reviewing
the complete combined document and returning a proposed draft. The subcommittee met on
December 18, reviewed the Council’s work from the fall along with the December
recommendations from the Assistant City Attorney and subcommittee members.
The draft presented tonight represents their recommendations from the current versions, so the
changes and notes from intervening Council meetings are no longer specifically identified as
such.
- All text in black is from the documents (2003 Rules, 2013 Ethics) as they currently exist.
- Red text lined through to be struck is also from the current documents (2003 Rules, 2013
Ethics).
- Red text that is not lined through is proposed to be inserted/added.
The City Council adopted the current Organization and Procedures for City Council Meetings
with Ordinance 2003-2646A in May 2008 (first established by Ordinance 2003-2646 in July
2003). Changes in custom, procedure, and law over the last decade make it appropriate for
review and potential amendment. Additionally, it is proposed that the current City Council Ethics
Policy (adopted in 2013) be made a part of the Rules of Procedure, so it has been reviewed
and several items near the end have been recommended for deletion.
RECOMMENDED MOTION
I move to adopt Ordinance 2019-3758, approving the updated City Council Rules
of Procedure and Ethics Policy combined document.
ORDINANCE NO. 2019-3758
AN ORDINANCE AMENDING THE CITY COUNCIL’S ADOPTED RULES OF
PROCEDURE FOR CITY COUNCIL MEETINGS; AMENDING AN ETHICS AND
CONFLICT OF INTEREST POLICY FOR CITY OFFICIALS AND EMPLOYEES; FINDING
COMPLIANCE WITH THE TEXAS OPEN MEETINGS ACT; CONTAINING A REPEALING
CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, Section 2.07. Meetings. b. Rules.provides that “City council shall determine its own
rules and order of business.”; and
WHEREAS, the City Council adopted Ordinance 2003-2646-A on May 19, 2008, updating the
organization and procedures for City Council meetings and thereby repealing Ordinances 1435 and
1435-A; and
WHEREAS,the City Council adopted Ordinance 2013-3489onJuly 22, 2013, establishing an ethics
and conflict of interest policy applicable to City officials and employees; and
WHEREAS, the passage of time has allowed for additional review of legislation and consideration of
suitable rules and guidelines for the procedures of City Council meetings and the conduct of members
of Council at all times.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE:
Section 1. The Rules of Procedure for the City Council of the City of La Porte are hereby amended as
attached.
Section 2.Open Meetings Law Notice.The City Council officially finds, determines, recites, and declares
that a sufficient written notice of the date, hour, place and subject of this meeting of the City
Council was posted at a place convenient to the public at the City Hall of the City for the time
required by law preceding this meeting, as required by the Open Meetings Act, Chapter 551,
Texas Government Code; and that this meeting has been open to the public as required by law
at all times during which this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further ratifies, approves and confirms
such written notice and the contents and postingthereof.
Section 3.Repeal.Ordinance 2003-2646-Aand Ordinance 2013-3489are repealed as of the effective date
hereof.All ordinances or parts of ordinances in conflict herewith are hereby repealed to the
extent of such conflict only.
Section 4. Effective Date. This ordinance shall take effect immediately upon its passage andapproval.
PASSED AND APPROVED, this ________ day of _______________________, 2020.
CITY OF LA PORTE, TEXAS
__________________________________
Louis R. Rigby, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ __________________________________
Lee Woodward, City Secretary Clark T. Askins, Assistant City Attorney
ORGANIZATION AND
CITY COUNCIL RULES
OF PROCEDURES
FOR CITY COUNCIL
MEETINGS
Formatted:Font:22 pt
Amended XXXXXXX, 2019, by Ord. 2019-3758
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Condensed by
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First Adopted May 19, 2008July 28, 2003
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1
Formatted:Centered,Indent:Left:0"
TABLE OF CONTENTS
Formatted:Font:16pt,Highlight
(will be revised when all other changes are complete)
Formatted:Font:16 pt
Section 1 GENERAL 1
Section 2 AUTHORITY 1
Section 3 - MEETINGS
3.01.RegularMeetings1
3.02. Special Meetings1
3.03. Agenda 1
Section 4 - STANDARDS OF CONDUCT
4.01. City Councilpersons 2
4.02. Council Relations with theMedia 3
Section 5 - DUTIES AND PRIVILEGES OF COUNCILPERSONS
5.01. Seating Arrangement 3
5.02. Conflict of Interest 4
5.03. Voting 4
Section 6 - CHAIR AND DUTIES
6.01. The Presiding Officer - Duties 4
6.02. Call to Order Presiding Officer 4
6.03. Roll Call
6.04. Quorum
6.05. Order of Business
6.06. Rules of Debate
6.07. Addressing the Council
6.08. Silence Constitutes Affirmative Vote
6.09. Decorum
6.10. Enforcement of Decorum
6.11. Special Committees
6.12. Ordinances, Resolutions, and Contracts
6.13. Reports and Resolutions to be Filed with the City Secretary
Section 7 - CITY COUNCIL COMMITTEES
7.01. Council Committees Established 6
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7.02 Appointment 6
numbering,Tab stops: 0.15", Left + Not at 0.5"
7.03. Council Committee Meetings 6
7.04. Council Ad Hoc Committees 7
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2 + Numbering Style: 01, 02, 03, + Start at: 4 +
Section 8 - RULES SUSPENSION 7
Alignment: Left + Aligned at: 0.15" +Indent at: 0.46",
Tab stops: 0.15", Left + Not at 0.5"
APPENDIX City Council Ethics Policy
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Formatted:Font:Bold
2
ORDINANCE NO. 2003-2646-A
AN ORDINANCE ESTABLISHING ORGANIZATION AND
PROCEDURES FOR CITY COUNCIL MEETINGS; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1 GENERAL
Formatted:Font:12 pt
Parliamentary law and the rules of procedure derived from such law are essential to all deliberative
organizations so that they may consider all matters before them in an effective and efficient manner
and produce results that are legal and binding. Moreover, such procedural safeguards ensure due
process during deliberations among members of the organization while at the same time protecting
the rights of both the group and each member. Accordingly, these rules of procedure establish
guidelines to be followed by all persons attending City Council meetings, including members of the
City Council, administrative staff, news media, citizens, and visitors.
Section 2 AUTHORITY
Formatted:Font:12 pt
The City Charter of La Porte, Texas, provides in Article II. City Council, Section 2.07 that the
such times as may be prescribed by its rules but not less frequently
a
Thus, these rules of procedure are established. In the event of any conflict between the City Charter
and these rules of procedure, the City Charter shall prevail.
The parliamentary reference for the City Council is the most recent edition of
Order Newly Revised (RONR). When any issue concerning procedure arises that is not covered by
the Rules of Procedure, the City Charter, or state law, the Council will refer to RONR, which shall
determine such procedural issue.
Section 3 MEETINGS
Formatted:Font:12 pt
The City Council shall follow both the letter and the spirit of Chapter 551 of the Texas Government
Formatted:Justified
Code (the Texas Open Meetings Act).
Section 1-23.01. Regular Meetings.
(A) Time. The City Council will generally shall hold regular meetings on the second and fourth
Monday of each month, at 6:00 o'clockp.m.; provided, however, that when the day fixed for
any regular meeting of the Council falls upon a day designated by law as a legal or national
holiday, such meeting shall be held on such other date asdetermined by City Council.
(B) Time. The City Council shall hold special or workshop meetings, if necessary, on the third
Monday of each month, at 6:00 o'clock p.m., or at such other date and time as may be
determined under Section 1-202 Special Meetings, hereof; provided, however, that when the
day fixed for any special or workshop meeting of the Council falls upon a day designated
by law as a legal or national holiday, such meetings shall be held on such other date as
3
determined by City Council.
(C)(B) Place. All regular, special, and workshop meetings of the City Council shall be
held in the Council Chambers, City Hall, 604 West Fairmont Parkway, in the City of La
Porte, Harris County, Texas, unless otherwise directed by City Council, or required by law.
Section 1-23.02. Special Meetings. The Mayor on his/her ownmotion or at the request of the City
Manager shall call special meetings of the City Council whenever in their opinion the public
business may require it, or at the express written request of any three (3) members of the City
Council. Such written request shall be filed with the City Secretary, and shall contain the agenda
item requested for the special meeting. Whenever a special meeting shall be called, written notice
thereof shall be delivered to each member of the Council, or, if written notice cannot be timely
delivered, telephone notice shall be given., stating the date and hour of the meeting and the purpose
for which such meeting iscalled.
Section 1-23.03. Agenda. The Mayor, the City Manager, the City Secretary, or the City Attorney,
or any three (3) members of the City Council by written request, may place an item on a City Council
agenda. The written request by three (3) members of City Council shall include a clear description
of the proposed action by the Council (in the form of a proposed motion), or shall clearly state the
item is for discussion purposes only, shall be of sufficient detail to allow staff to contribute
background information on the topic, and shall be filed with the City Secretary by 5:00 p.m.,
Thursday, two weeks prior to the Monday night City Council meeting (and a commensurate period
for special meetings)be filed with the City Secretary, and shall contain the agenda item requested.
Deviations from the deadlines, or the submission of additional items either past the established
deadlines or once the agenda has been posted, should be exceedingly rare and of a clearly significant
nature. All reports, communications, ordinances, resolutions, contract documents, or other matters
to be submitted to the Council shall, at least seven (7) days prior to each Council meeting,also be
delivered to the City Secretary on the same schedule.
The City Secretary will coordinate the placement and content of items on the agenda with the City
Manager, who will resolve any conflicts with Mayor and Councilpersons. Agenda items may be
removed only by the person(s) who initially placed that item on the agenda, whereupon the City
Secretary shall immediately arrange a list of such matters according to the Order of Business and
furnish each member of the Council, the Mayor, the City Manager, and the City Attorney with a
copy of thesamepriortotheCouncil meetingandasfarinadvanceofthemeetingastimefor
preparation will permit.
Drafts of contracts, ordinances, resolutions, or other items requiring review should be submitted to
the City Attorney in a manner timely enough to allow for their review prior to this submittal deadline
aboveNone of the foregoing matters shall be presented to the Council by the administrative officials
except those of an urgent nature, and the same, when so presented,shall have thewritten approval
of the City Manager before presentation.
Section 4 - STANDARDS OF CONDUCT
4.01. City Councilpersons.
It is important that Councilpersons demonstrate civility to one another as individuals, for the validity
of different opinions, for the democratic process, and for the community and citizens being served.
Elected officials should exhibit appropriate behavior. All members of the City Council have equal
4
votes and all Councilpersons speak only for themselves.
4.02. Council Relations with the Media.
All City press releases, media advisories, story suggestions, or similar items should go through the
ption of factual police department bulletins which
designated officers may send directly, with copy to the City Secretary.
Section 5 DUTIES AND PRIVILEGES OF COUNCILPERSONS
5.01. Seating Arrangement.
The Mayor shall determine seating of the Council and Charter Officers.
5.02. Conflict of Interest.
A City Councilperson prevented from voting by a conflict of interest, shall step down from the dais
and leave the room (per Ethics Policy, attached as Appendix A),
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shall not vote on the matter, shall not participate in discussions regarding the matter or attempt to
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any way, shall not attend executive sessions
regarding the matter, and shall otherwise comply with the state law and city ordinances concerning
conflicts of interest including Chapter 171 of the Local Government Code.
5.03. Voting.
(A) When a vote is called, every member present shall vote either "Aye" or "No" or shall abstain,
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except on matters involving a conflict of interest that compels a Councilperson to abstain.
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Hanging: 0.31", Numbered + Level: 1 + Numbering
(B) Any vote to which there is an objection shall be taken by counted vote; except that, on the
Style: A, B, C, + Start at: 1+ Alignment: Left + Aligned
at: 0.5" + Indent at: 0.75"
demand of a single Councilperson, a roll call vote shall be taken. After the result of a vote
is announced, a member may not change a vote unless, before the adjournment of that
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meeting, permission is given to change the vote by a majority vote of the members present.
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Section 6 - CHAIR AND DUTIES
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Section 1-2046.01. The Presiding Officer - Duties. The presiding officer of the Council shall be
the Mayor. The Presiding Officer shall preserve strict order and decorum at all regular and special Formatted:List Paragraph, Left, Indent: Left: 0.19",
Hanging: 0.31", Numbered + Level: 1 + Numbering
meetings of the Council. He/She shall state every question coming before the Council, announce
Style: A, B, C, + Start at: 1+ Alignment: Left + Aligned
the decision of the Council on all subjects and decide all questions of order, subject, however, to an
at: 0.5" + Indent at: 0.75"
appeal to the Council, in which event a majority vote of the Council shall govern and conclusively
determine such question of order. He/She shall be entitled to vote on all questions. He/She shall
sign all ordinances and resolutions adopted by the Council during his/her presence. In the event of
the absence of the Mayor, the Mayor Pro Tem shall sign ordinances or resolutions as then adopted.
Section 1-2056.02. Call to Order - Presiding Officer. The Mayor, or in his/her absence, the Mayor
Pro Tem, shall take the chair precisely at the hour appointed for the meeting, and shall immediately
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call the Council to order. In the absence of the Mayor or RECOMMEND A CHANGE TO and
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(LW, 1/7/2020) the Mayor Pro Tem, the City Secretary, or his/ or her Assistant, shall call the Council
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to order, whereupon a temporary chairman shall be elected by members of the Council present.
Upon arrival of the Mayor or the Mayor Pro Tem, the temporary chairman shall immediately
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5
relinquish the chair upon the conclusion of the business immediately before the Council.
Section 1-2066.03. Roll Call. Before proceeding with the business of the Council, the City
Secretary, or his/ or her deputy shall note in the minutes, the names of those present. Late arrivals
or departures of Council members shall be noted by the Presiding Officer, and recorded by the City
Secretary in the minutes.
Section 1-2076.04. Quorum. A majority of all the members elected to the Council shall
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constitute a quorum at any regular or special meeting of the Council. A majority of all of the
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members of City Council shall constitute a quorum at any regular or special meeting of the Council,
numbering,Tab stops: Not at 0.5" + 6.23"
except where provided otherwise under state law. In the absence of a quorum, the Presiding Officer
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shall, at the request of any three (3) members present, compel the attendance of absent members.
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Section 1-2086.05. Order of Business. All meetings of the Council shall be open to the public, in
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accordance with the Texas Open Meetings LawAct. Promptly at the hour set by law on the day of
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each regular meeting as posted as required by law, the members of the Council, the City Secretary,
the City Attorney, the Mayor, and the City Manager, shall take their regular stations in the Council
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Chambers, and the business of the Council shall generally be taken up for consideration and
disposition in the following order:
1. Call to Order
1.2. Invocation and PledgesofAllegiance.
3. Proclamations and Presentations.
2.4. Citizen Comment
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3.5. Consent Agenda. (Any member of the Council may remove any item from the Consent
Agenda for discussion.) These items are typically routine in nature.
a. Approval of minutes of previous meeting.
b. Purchases, Contracts, or Transactions.
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4. Petitions, remonstrances, communications, and citizens and taxpayers wishing to address
the Council.
5. Public Hearings.
6 New Business:
a. Introduction and adoption of resolutions and ordinances.
b. Receive reports and recommendations from City staff.
a. 6. Statutory Agenda
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b.
c. 7. Reports of City Officers and Staff -Boards-Committees.
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7. Previously tabled items.
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8. Executive Session.
Before: 0.7 pt, Line spacing: single, Numbered + Level:
2 + Numbering Style: a, b, c, + Start at: 1 +
9. Workshop Items.
Alignment: Left + Aligned at: 1.64" +Indent at: 2.14",
11. 8. Administrative Reports.
Tab stops: 2.13", Left + 2.13", Left +Not at 1.13" +
12. Council Comments.
1.13"
12. 9. Items of Community Interest (in accordance with state law)
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13. 10. Executive and/or workshop sessions (as appropriate)
14. 11. Reconvene in public session (as needed following executive sessions)
13.15. 12. Adjournment.
Section 1-209. Reading of Minutes. Unless a reading of the minutes of a Council meeting is
requested by a member of the Council, such minutes may be approved without reading if the City
6
Secretary has previously furnished each member with a copy thereof.
Section 1-2106.06. Rules of Debate.
(A) Presiding Officer May Debate and Vote, Etc. The Mayor or Mayor Pro Tem, or such other
member of the Council as may be presiding may move, second and debate from the chair,
subject only to such limitations of debate as are by these rules imposed on all members and
shall not be deprived of any of the rights and privileges of a Councilperson by reason of
his/her acting as the Presiding Officer.
(B)Getting the Floor-Improper References to be Avoided.Every member desiring to speak
shall address the Chair, and, upon recognition by the Presiding Officer, shall confine himself
to the question under debate, avoiding all personalities and indecorous language.
(C) Interruptions. A member, once recognized, shall not be interrupted when speaking unless it
be to call him to order, or as herein otherwise provided. If a member, while speaking, be
called to order, he shall cease speaking until the question of order be determined, and, if in
order, he shall be permitted to proceed.
(D) Did something get omitted Privilege of Closing Debate. The Councilperson moving the
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adoption of an ordinance or resolution shall have the privilege of closing the debate.
(E) Motion to Reconsider. A motion to reconsider any action taken by the Council may be made
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bullets or numbering, Tab stops: 0.5", Left + Not at
only on the day such action was taken. It may be made either immediately during the same
0.56"
session, or at a recessed or adjourned session thereof. Such motion must be made by one of
the prevailing side, but may be seconded by any member, and may be made at any time and
have precedence over all other motions or while a member has the floor; it shall be debatable.
Nothing herein shall be construed to prevent any member of the Council from making or
remaking the same or any other motion at a subsequent meeting of the Council.
(F)(D) Remarks of Councilperson--When Entered in Minutes. A Councilperson may
request, through the Presiding Officer, the privilege of having an abstract of his/her
statement on any subject under consideration by the Council entered in the minutes. If the
Council consents thereto, such statement shall be entered in the minutes.
(G) (E) Synopsis of Debate- When Entered in Minutes. The City Secretary may be directed by
the Presiding Officer, with consent of the Council, to enter in the minutes a synopsis of the
discussion on any question coming regularly before the Council.
Section 1-2116.07. Addressing the Council.
(A) Citizen Comment. Before each meeting of City Council the City Secretary shall place make
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public Citizen Ccomment cards forms availableon the table in the rear of the Council
Formatted:Indent: Left: 0.19", Hanging: 0.31",
Chambers, on which any taxpayer or resident, or his/her authorized representative, or any
Numbered + Level: 1 + Numbering Style: A, B, C, +
member of the public, may sign his/her name and address, and indicate the subject matter
Start at: 1 + Alignment: Left + Alignedat: 0.65" +
Indent at: 1.17"
on which he wishes to speak or submit a written communication.
(A) Oral Communications. Individuals may address the Council by oral communication
in regard to matters appearing on the City Council agenda, or any other subject matter, by
7
completing all requested information on the public Citizen Ccomment cardform, and placing
it at the City , said public comment card in the box located on
the table in the rear of the Council Chambers, not later than five (5) minutes before
commencement of the meeting. Oral communication to Council shall be in the manner
provided in Section 1.212 hereof.
Formatted:Indent: Left: 0.5", First line: 0", Numbered
+ Level: 1 + Numbering Style: A, B,C, + Start at: 1 +
(B) Written Communications. Individuals may address the Council by written
Alignment: Left + Aligned at: 0.65" +Indent at: 1.17"
communication in regard to matters appearing on the City Council agenda, or any other
subject matter, by completing all requested information on the public comment card, and
placing said public comment card, along with the proposed written communication, in the
box located on the table in the rear of the Council Chambers, not later than five (5) minutes
before commencement of the meeting.
Section 1-212. Manner of Addressing Council
Time Limit. Each person addressing the Council shall step up to the podium, shall give
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his/her name and address in an audible tone of voice for the records, and, unless further time
is granted by the Council, shall limit his/her address to five (5) minutes. All remarks shall be
addressed to the Council as a body and not to any member thereof. No person, other than the
Council and the person having the floor shall be permitted to enter into any discussion, either
directlyor through a member ofthe Council, without the permission of the Presiding
Officer. No question shall be asked to a Councilperson except through the Presiding Officer.
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Any such question shall be referred by City Council to the City managerManager, for further
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handling.
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Persons wishing to address the Council on more than one agenda item or topic in a single Highlight
meeting must speak on all such agenda items or topics during their presentation, . Additional
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time is not given for additional items (however, emailing, writing, calling, or visiting with
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Councilpersons outside of meetings is, of course, unlimited). This requirement does not
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restrict anyone from also speaking at any public hearing (see additional information below).
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Subject to the foregoing, the City Council shall not place limits on discussion of specific
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subject matter as it relates to any constitutionally guaranteed right of freedom of speech, or
otherwise discriminate against a particular point of view.
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(B) Public Hearings Public hearings provide municipal residents and affected parties an
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opportunity to be heard, typically on certain land use items or the annual adoption of the
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municipal budget and tax rate.
(C)
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(A) There is not a form or sign up requirement for public hearings at City Council
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meetings. Each person addressing the Council shall step up to the podium and shall give
Formatted:Indent: Left: 0.19", Hanging: 0.31",
his/her name and address for the record. All remarks shall be addressed to the Council as a
Numbered + Level: 1 + Numbering Style: A, B, C, +
body and not to any member thereof. No person, other than the Council and the person
Start at: 1 + Alignment: Left + Alignedat: 0.65" +
having the floor shall be permitted to enter into any discussion, either directly or through a Indent at: 1.17"
member of the Council, without the permission of the Presiding Officer. No question shall
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be asked to a Councilperson except through the Presiding Officer. Any such question shall
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be referred by City Council to the City Manager for further handling.
Formatted:Indent: Left: 0.5", First line: 0", Numbered
+ Level: 1 + Numbering Style: A, B,C, + Start at: 1 +
(B) (C) Limits on Repetitive or Redundant Presentations. The City Council shall have
Alignment: Left + Aligned at: 0.65" +Indent at: 1.17"
8
the right to place reasonable limits on the number, frequency, and length of presentations
made during the comment period, in accordance with law. For such purposes the City
Council may limit the number of persons who speak on a particular subject at a meeting, and
the length of the individual presentations made, on such topic; accordingly, the City Council
may place reasonable limits on the number of occasions that a person or persons speak on a
particular subject, at successive Council meetings. Subject to the foregoing, the City Council
shall not place limits on discussion of specific subject matter as it relates to any
constitutionally guaranteed right of freedom of speech, or otherwise discriminate against a
particular point of view.
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Section 1-213. Addressing the Council After Motion Made. After a motion is made by the
Council, no person shall address the Council without first securing the permission of the Council so
to do.
Section 1-2146.08. Silence Constitutes Affirmative Vote. Unless a member of the Council states
that he is not voting, his/her silence shall be recorded as an affirmative vote.
Section 1-2156.09. Decorum.
(A) By CouncilpersonsMembers. While the Council is in session, the members must preserve
order and decorum, and a member shall neither, by conversation or otherwise, delay or
interrupt the proceedings or the peace of the Council nor disturb any member while speaking
or refuse to obey the orders of the Council or its Presiding Officer, except as otherwise herein
provided.
(B) By Persons. Any person making personal, impertinent, or slanderous remarks or who shall
become boisterous while addressing the Council shall be forthwith, by the Presiding Officer,
barred from further audience before the Council, subject to loss of speaking privileges
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unless permission to continue be granted by a majority vote of the Council.
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(B)
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Reactions from the audience following the recognition and rewarding of citizens and special
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guests is considered appropriate and encouraged. Disruptive verbal and/or non-verbal
reactions from the audience during staff presentations to the Council and during debate
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between Councilpersons are inappropriate and are not permitted. The presiding officer will
ensure that the decorum of the meeting is maintained and is appropriate.
No offensive, vulgar, hate, or otherwise distracting placards, banners, signs, or apparel shall
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be permitted to be erected or displayed by persons in attendance in the City Council chamber
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or in any other room in which the City Council is holding a meeting. Exhibits, displays, and
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visual aids used in connection with presentations to the City Council are permitted.
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Section 1-2166.10. Enforcement of Decorum. The Chief of Police, or such member or members
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of the Police Department as he may designate, shall be Sergeant-at-Arms of the Council meetings.
He, or they, shall carry out all orders and instructions given by the Presiding Officer for the purpose
of maintaining order and decorum at the Council meeting. Upon instructions of the Presiding Officer
unless otherwise directed by a majority vote of the Council, it shall be the duty of the designated
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Sergeant(s)-at-Arms, or any of them present, to place removeany person who violates the order
and decorum of the meeting under arrest, and cause him to be prosecuted under the provisions of
9
this Code, the complaint to be signed by the Presiding Officer.
Section 1-217. Persons Authorized to be at Tables. No person shall be permitted to be at the two
tables in front of the Council table, without the express consent of the Council.
Section 1-2186.11. Special Committees. The establishment of and appointment of members to
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aAll special committees shall be appointed decided by a majority vote of the Council, unless
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otherwise prescribed by the City Charter or other action of the Council.
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Section 1-219. Members May File Protests Against Council Action. Any member shall have the
right to have the reasons for his dissent from, or protest against, any action of the Council entered
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on the minutes.
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Section 1-220. Claims Against City. No account or other demand against the City shall be allowed
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until the same has been considered and reported upon by the City Manager and the City Attorney.
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Section 1-2216.12. Ordinances, Resolutions, Motions and Contracts.
(A) Preparation of Ordinances. All ordinances shall be approved by the City Attorney. No
ordinance shall be prepared for presentation to the Council unless ordered by three (3)
members of the Council, or requested by the City Manager, or prepared by the City Attorney
on his own initiative, in consultation with the City Manager.
(B)(A) Prior Approval by Administrative Staff. All ordinances, resolutions and
contract documents shall, before presentation to the Council, have been approved as to form
and legality by the City Attorney or his/her authorized representative, and shall have been
examined and approved for administration by the City Manager or his/her authorized
representative, where there are substantive matters of administration involved.
(C) Introducing for Passage or Approval.
(1) Ordinances, resolutions, and other matters or subjects requiring action by the Council
must initially be produced/written, introduced, and sponsored by a member of the
Council, except that the City Manager or City Attorney may present ordinances,
resolutions, and other matters or subjects to the Council, and any Councilperson may
assume sponsorship thereof by moving that such ordinances, resolutions, matters or
subjects be adopted; otherwise, they shall not be considered. per the guidelines of 3.03
Agenda, above.
(1)
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0.38", Space Before: 0 pt, Numbered+ Level: 3 +
(2) An ordinance may have final passage on the same day on which it was introduced.
Numbering Style:1, 2,3, + Start at: 1 + Alignment:
Left+ Aligned at: 1.57" + Indent at: 2.09", Tab stops:
2.1", Left
(3)(2) No ordinance shall relate to more than one subject, which shall be
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clearly expressed in its title, and no ordinance, or section thereof, shallbe amended or
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repealed unless the new ordinance contains the title of the ordinance or section
amended or repealed, and when practical all ordinances shall be introduced as
amendments to existing ordinances or sections thereof.
(4) Any resolution providing for the appropriation of money shall designate the particular
10
fund from which the appropriation is to be made.
Formatted:Indent: Left: 0"
Section 1-2226.13. Reports and Resolutions to be Filed with the City Secretary. All reports and
resolutions shall be filed with the City Secretary and entered on the minutes.
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Left+ Not at 0.65" + 0.65"
Section 7CITY COUNCIL COMMITTEES
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7.01. Council Committees Established.
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Numbered + Level: 1 + Numbering Style: A, B, C, +
(A) The following standing committees of the City Council are established:
Start at: 1 + Alignment: Left + Alignedat: 0.59" +
Indent at: 0.84", Tab stops: 0.5",Left + Not at 0.59"
(1) Fiscal Affairs Committee
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(2) Drainage and Flooding Committee
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(B) Each standing committee shall review matters in its area of responsibility that are
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referred to it by the City Council or the City Manager. A standing committee may,
Numbered + Level: 1 + Numbering Style: A, B, C, +
by majority vote, recommend action to the City Council, but committee Start at: 1 + Alignment: Left + Alignedat: 0.59" +
Indent at: 0.84", Tab stops: 0.5",Left + Not at 0.61"
recommendation is not necessary for a matter to be placed on the City Council
agenda. The committee chair may make a statement on behalf of the committee on
Formatted:List Paragraph, Left, Level4, Indent: Left:
an item in a meeting of theCouncil. 0", First line: 0", Right: 0", Space Before: 0 pt, Outline
numbered +Level: 2 + Numbering Style: 01, 02, 03, +
Start at: 2 + Alignment: Left + Alignedat: 0.71" +
7.02. Appointment. Appointment to and composition of the committees has been established
Indent at: 1.04", Tab stops: 0", Left
through prior Council action and may be amended by such.
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Bold
7.03. Council Committee Meetings.
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(A) Council standing committees shall meet as necessary. The quorum of Council committees
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will be a majority of the members serving. Except when serving during a meeting for an
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absent member, an alternate to the committee should not be seated at the dais, nor participate
0", Space Before: 0 pt, Outline numbered + Level: 2 +
in discussion or vote.
Numbering Style:01, 02,03, + Start at: 2 +
Alignment: Left + Aligned at: 0.71" +Indent at: 1.04",
Tab stops: 0", Left + Not at 0.65" + 0.65"
(B) The committee chair shall develop committee meeting agendas through coordination
with fellow committee members and appropriate supporting staff members. The
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committee chair will coordinate with the City Secretary to ensure that the committee
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meeting agenda is posted as appropriate.
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7.04. Council Ad Hoc Committees.
0.31", Numbered + Level: 1 + Numbering Style: A, B, C,
The Mayor may appoint ad hoc committees from time to time to study and review
+ Start at: 1 + Alignment: Left+ Aligned at: 0.65" +
specific issues. The Mayor shall determine the number of members and appoint a
Indent at: 0.9"
chair of ad hoc committees. The ad hoc committees shall be established for a
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designated period of time, which may be extended by the Mayor and shall meet as
needed. The Mayor shall formally announce the establishment of any ad hoc
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committee along with his/her appointments to that committee in a session of
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Council prior to the committee convening to conduct business.
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Formatted
Section 8 RULES SUSPENSION
...
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...
Any provision of these rules not governed by the City Charter, City Code, or state law may be
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temporarily suspended by a two-thirds vote of the members of the City Council present.
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11
Section 1-223. Adjournment. A motion to adjourn shall always be in order and decided without
debate.
Section 1-224. Executive Sessions. Every regular, special or called meeting or session of City
Council shall be open to the public. No closed or executive meeting or session of City Council for
any of the purposes for which closed or executive meetings or sessions are authorized by the Open
Meetings Law, Chapter 551, Texas Government Code, shall be held unless City Council has first
been convened in open meeting or session for which lawful notice has been given and during which
meeting or session the Presiding Officer has publicly announced that a closed or executive meeting
or session will be held and identified the section or sections of said Act authorizing the holding of
such closed or executive session. No final action, decision, or vote with regard to any matter
considered in the closed meeting shall be made except in a meeting which is open to the public and
in compliance with the notice provisions of the Act.
Section 1-225. Open Meetings Law Notice. The City Council officially finds, determines, recites,
and declares that a sufficient written notice of the date, hour, place and subject of this meeting of
the City Council was posted at a place convenient to the public at the City Hall of the City for the
time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551,
Texas Government Code; and that this meeting has been open to the public as required by law at all
times during which this ordinance and the subject matter thereof has been discussed, considered and
formally acted upon. The City Council further ratifies, approves and confirms such written notice
and the contents and posting thereof.
Section 1-226. Repeal. Ordinance No. 1435 and Ordinance No. 1435-A are repealed as of the
effective date hereof.
Section 1-227. Effective Date. This ordinance shall be effective from and after its passage and
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approval.
Multiple 0.94 li
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12
APPENDIX A
ETHICS POLICY
Adopted July 22, 2013, by Ordinance 2013- 3489
Section 1. Policy and purposes.
(A) General policy statement. It is the policy of the city that all city officials and
employees shall conduct themselves both inside and outside the city's service so as to
give no occasion for distrust of their integrity, impartiality, or devotion to the best
interest of the city and the public trust which the city holds.
(B) Appearance of impropriety. Public service is a public trust. All city officials and
employees are stewards of the public trust. They have a responsibility to the citizens
of the city to administer and enforce the City Charter and city ordinances. To ensure
and enhance public confidence in city government, each city official and employee
must strive not only to maintain technical compliance with the principles of ethical
conduct set forth in this article and in state law, but also to avoid the appearance of
impropriety at all times.
(C) This code of ethics has three purposes:
(1) To encourage ethical conduct on the part of city officials and employees;
(2) To encourage public service with the city;
(3) To establish standards for ethical conduct for city officials and employees by
defining and prohibiting conduct that is incompatible with the interests of the city;
(D) 'This code of ethics is not intended to be used as a political weapon or to intimidate or
embarrass affected persons. The officials charged with administration of this code of
ethics shall administer it in a manner that avoids any such use of this code of ethics.
Section 2. Definitions.
In this policy:
Benefit means anything reasonably regarded as pecuniary gain or pecuniary advantage,
including any money, real or personal property, purchase, sale, lease, contract, option,
credit, loan, discount, service or other tangible or intangible thing of value. Benefit
includes a pecuniary gain or pecuniary advantage to any other person in whose welfare
the beneficiary has a direct and substantial interest.
Business entity means a sole proprietorship, partnership, firm, corporation, holding
company, joint-stock company, receivership, trust, unincorporated association, or any
other entity recognized by law, including a nonprofit organization or governmental entity.
Economic interest includes a legal or equitable interest in real property, personal
property, or intangible property, or a contractual right, including but not limited to receipt
of compensation and/or benefits. Service by a city official or employee as an officer,
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director, advisor, or other active participant in a nonprofit educational, religious,
charitable, fraternal, or civic organization does not create for that city official or employee
an economic interest in the property of the organization. Ownership of an interest in a
mutual or common investment fund that holds securities or other assets is not an economic
interest in the securities or other assets unless the person in question participates in the
management of the fund.
Employee means any person employed by the city, whether under civil service regulations
or not, including those individuals on a part-time basis, but not including any independent
contractor.
Immediate family members means the spouse, children, brothers, sisters, and parents
(including any such step-or half- relations) of an officer or employee.
Officer or official means the mayor or any member of the city council and any appointive
member of a city board, commission or committee established by ordinance, charter or
state law.
Section 3. Prohibition against involvement in actions affecting economic interests.
(A) General rule. It shall be a violation of this policy for a city official or employee to
participate in any proceedings or take any official action that he or she knows is likely
to:
(1) Affect an economic interest of:
(a) The official or employee;
(b) His or her immediate family member;
(c) A member of his or her household;
(d) An outside employer of the official or employee or of his or her immediate
family member;
(e) A business entity in which the official or employee or his or her immediate
family member holds an economic interest;
(f) A business entity for which the city official or employee serves as an
employee, officer or director, or otherwise functions in any policy making
position; or
(g) A person or business entity from whom the official or employee, or his or her
immediate family member, has solicited, received and not rejected, or accepted
an offer of employment within the past twelve months; or
(2) Confer a benefit on the official or employee, or deprive the official or employee of
a benefit, where the effect of the action on the official or employee is
distinguishable from the effect of the action on other employees or officials,
members of the public in general or a substantial segment of the public.
(B) Meaning of "affect".
(1) In subsection (a)(l) above, an action is likely to affect an official's or employee's
economic interest if it meets all of the following:
(a) The action is likely to have an effect on that interest, either positive or negative,
that is distinguishable from its effect on other employees or officials, members
14
of the public in general or a substantial segment of the public.
(b) The effect of the action on that interest is direct, and not secondary or indirect.
However, the action need not be the only producing cause of the effect in order
for the effect to be direct.
(c) The effect on the interest must be more than insignificant or de minimis in
nature or value.
(2) In determining whether a person, entity or property is or was affected by an
official's or employee's participation in proceedings, vote or decision, it will not be
necessary to prove the actual existence or occurrence of an economic effect or
consequence if the effect or consequence would be reasonably expected to exist or
occur.
(C) Recusal and disclosure. A city official or employee whose conduct would otherwise
violate subsection (a), or a state conflict of interest law if he/ or she participated in
proceedings or took an action, must abstain from participation in the action in
accordance with the following:
(1) Immediately refrain from further participation in the matter, including discussions
with any persons likely to consider the matter, from the time he or she discovers
or reasonably should have discovered the matter triggering the recusal;
(2) Promptly file necessary documentation disclosing the nature and extent of the
interest triggering the recusal with the city clerk, if the person is an official, or with
the person's supervisor, if the person is an employee;
(3) Promptly notify the person's supervisor of the nature and extent of the interest
triggering the recusal, if the person is a city employee, so that the supervisor can
reassign responsibility for handling the matter to another person; and
(4) Promptly disclose the interest triggering the recusal, if the person is a member of
the city council, a city board or commission, to other members of the city council,
board or commission, and leave the room in which the city council, board or
commission is meeting during the board or commission's discussion of or voting
on, the matter.
(D) No prohibition established in this section shall be construed to prevent members of
city council, or the appointees to any board or commission of the city, or a city
employee, from voting on or participating in a matter relating to the adoption of laws,
rules and/or policies that apply generally to all employees, officials and/or members
of the public and the effect of which dos not confer a benefit on the official or
employee that is distinguishable from the effect on other employees, officials or
members of the public or a substantial segment of the public.
Section 4. Standards of conduct.
(A) Standards for immediate family members. A city official or employee commits a
violation of this policy if an immediate family member, with the official's or
employee's knowledge, intentionally or knowingly:
(1) Solicits, accepts or agrees to accept from another person any benefit that the
member's relative immediate family member, who is a city officer or employee, is
prohibited from soliciting, accepting or agreeing to accept under state law;
(2) Misuses any official information obtained from the member's relative immediate
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family member, who is a city officer or employee, to which the relative immediate
Formatted:Font:(Default)TimesNewRoman,12pt
family member has access by virtue of the relativeimmediate family member's
office or employment and that has not been made public, in a manner prohibited
as to the relative immediate family member under state law; or
Formatted:Font:(Default)Times New Roman, 12 pt
(3) Misuses, as defined in V.T.C.A., Texas Penal Code §39.01,
Formatted:Highlight
any city property, services, personnel or any other thing of value belonging to the
Formatted:Strikethrough
city that has come into the member's custody or possession by virtue of the office
Formatted:Highlight
or employment of the member's relative immediate family member who is a city
officer or employee.
(B)Representation and appearance at meetings.No city official or employee shall
knowingly:
(1) Appear before the body of which the officer or employee is a member, or
otherwise participate in any proceedings, as a representative for any private
person, including the officer or employee or any immediate family member,
except that an official or employee may represent their interests in their own
property before a board, agency, commission or department of the city.
(2) Participate in any proceedings, directly or indirectly, wherein the official or
employee represents the interests of any outside employer, business entity, group
or interest in any matter, action or proceeding against the interests of the city or
in any litigation in which the city or any department, agency, commission or board
thereof is a party;
(3) Accept other employment or engage in outside activities incompatible with the
full and proper discharge of city duties or that might impair independent judgment
in the performance of city duties; or
(4) Make a false statement of material fact at a public meeting. This subsection shall
not be construed to deprive an officer or employee of the right to due process
under the law, including the right to represent himself/herself in a court
proceeding.
(C) Representation by council members. No city council member shall knowingly
represent any private person, including the city council member or any immediate
family member, or any outside employer, business entity, group or interest in any
matter before any department, agency, commission or board of the city, except that
city council members may represent their interests in their own property before a
board, agency, commission or department of the city.
(D) Representation in municipal court. In any action or proceeding in the municipal court
which is instituted by a city officer or employee in the course of official duties:
(1) No city council member shall knowingly represent any private person other than
himself or herself. If a city council member elects to have a trial in municipal
court, the city council, without the participation of the affected city council
member, will appoint a special judge to preside over the trial.
(2) No city officer or employee shall knowingly represent any private person other
than himself or herself, including any immediate family member, or any group or
interest.
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(E) Representation in land use and development matters. A member of the planning and
zoning commission shall not knowingly represent the member or any other person, group
or interest in any matter before the zoning board of adjustments involving land use or
development, and a member of the zoning board of adjustments shall not knowingly
represent the member or any other person, group or interest in any matter before the
planning and zoning commission involving land use or development. This subsection
does not apply to members representing their interests in their own property.
(F) Prohibited use of city position. A city official or employee shall not use his or her position
to unfairly advance or impede private interests, or to grant or secure, or attempt to grant
or secure, for any person (including himself or herself) any form of special consideration,
treatment, exemption, or advantage beyond that which is lawfully availableto other
persons. A city official or employee who represents to a person that the official or
employee may provide an advantage or impediment to the person based on the official's
or employee's office or position violates this rule.
Section 5. Contracts with city; eligibility for appointment or election to office.
(A) No member of the city council and no city employee shall have a financial interest in
the sale to the city of any land, materials, supplies or service, outside of the person's
position with the city. Any person having an interest shall be ineligible for election as a
city council member or appointment as a city employee, and any city council member or
city employee who acquires an interest shall forfeit the office or employment. Any
violation of this subsection with the actual or constructive knowledge of the city council
member or employee shall render the contract voidable by the city manager or the city
council.
(B) In subsection (a) of this section and in subsection 2.425(c), the term "sale to the city''
includes a sale to city-sponsored entities and organizations subject to substantial control
by the city in one or more of the following respects:
(1) All or a majority of the governing body of the entity or organization is appointed by
the city council;
(2) The city provides more than one-half of the operating funds of the entity or
organization;
(3) The city has approval authority over purchasing decisions made by the entity or
organization;
(4) The city has approval authority over bonds or other indebtedness issued by the entity
or organization; or
(5) The city has approval authority over the budget of the organization.
(C) This section does not apply to acquisition of property by the city as a result of eminent
domain proceedings or the threat of eminent domain proceedings.
Section 6. Restrictions on former employees.
(a) No former city employee shall, for a period of one year from the date of leaving city
employment, knowingly:
(1) Appear at a meeting of a board or commission staffed by members of the department
17
of which the employee was a member, as a representative for any private person,
including the employee or any immediate family member, or any group or interest.
(2) Represent, directly or indirectly, any private person, including the former employee
or any immediate family member, or any group or interest in any action or
proceeding against the interests of the city or in any litigation in which the city or
any department, agency, commission or hoard thereof is a party.
(b) Notwithstanding the foregoing prohibitions, a former employee may represent their
interests in their own property before aboard, agency, commission ordepartment of the
city. Furthermore, this subsection shall not be construed to deprive a former employee
of the right to due process under the law, including the right to represent himself in a
court proceeding.
(c) In any action or proceeding in the municipal court which is instituted by a city officer or
employee in the course of official duties, no former city employee shall, for a period of
one year from the date of leaving city employment, knowingly represent any private
person other than himself or herself, including any immediate family member, or any
group or interest.
(d) For a period of one year from the date of leaving employment, a former city employee
shall not have any financial interest in the sale to the city of any land, materials, supplies
or service. Any violation of this subsection with the actual or constructive knowledge of
the former city employee shall render the contract voidable by the city manager or the
city council. This subsection shall not apply to a former city employee whose
employment was terminated as part of a reduction in force.
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CITY COUNCIL RULES
OF PROCEDURE
Amended XXXXX XX, 2019, by Ord. 2019-3758
First Adopted July 28, 2003
1
TABLE OF CONTENTS
(will be revised when all other changes are complete)
Section 1 GENERAL 1
Section 2 AUTHORITY 1
Section 3 - MEETINGS
3.01. Regular Meetings 1
3.02. Special Meetings 1
3.03. Agenda 1
Section 4 - STANDARDS OF CONDUCT
4.01. City Councilpersons 2
4.02. Council Relations with the Media 3
Section 5 - DUTIES AND PRIVILEGES OF COUNCILPERSONS
5.01. Seating Arrangement 3
5.02. Conflict of Interest 4
5.03. Voting 4
Section 6 - CHAIR AND DUTIES
6.01. The Presiding Officer - Duties 4
6.02. Call to Order Presiding Officer 4
6.03. Roll Call
6.04. Quorum
6.05. Order of Business
6.06. Rules of Debate
6.07. Addressing the Council
6.08. Silence Constitutes Affirmative Vote
6.09. Decorum
6.10. Enforcement of Decorum
6.11. Special Committees
6.12. Ordinances, Resolutions, and Contracts
6.13. Reports and Resolutions to be Filed with the City Secretary
Section 7 - CITY COUNCIL COMMITTEES
7.01. Council Committees Established 6
7.02 Appointment 6
7.03. Council Committee Meetings 6
7.04. Council Ad Hoc Committees 7
Section 8 - RULES SUSPENSION 7
APPENDIX City Council Ethics Policy
2
Section 1 GENERAL
Parliamentary law and the rules of procedure derived from such law are essential to all deliberative
organizations so that they may consider all matters before them in an effective and efficient manner
and produce results that are legal and binding. Moreover, such procedural safeguards ensure due
process during deliberations among members of the organization while at the same time protecting
the rights of both the group and each member. Accordingly, these rules of procedure establish
guidelines to be followed by all persons attending City Council meetings, including members of the
City Council, administrative staff, news media, citizens, and visitors.
Section 2 AUTHORITY
The City Charter of La Porte, Texas, provides in Article II. City Council, Section 2.07 that the
such times as may be prescribed by its rules but not less frequently
a
Thus, these rules of procedure are established. In the event of any conflict between the City Charter
and these rules of procedure, the City Charter shall prevail.
The parliamentary reference for the City Council is the most recent edition of
Order Newly Revised (RONR). When any issue concerning procedure arises that is not covered by
the Rules of Procedure, the City Charter, or state law, the Council will refer to RONR, which shall
determine such procedural issue.
Section 3 MEETINGS
The City Council shall follow both the letter and the spirit of Chapter 551 of the Texas Government
Code (the Texas Open Meetings Act).
3.01. Regular Meetings.
(A) Time. The City Council will generally hold regular meetings on the second and fourth
Monday of each month, at 6:00 p.m.
(B) Place. All regular, special, and workshop meetings of the City Council shall be held in the
Council Chambers, City Hall, 604 West Fairmont Parkway, in the City of La Porte, Texas,
unless otherwise directed by City Council, or required by law.
3.02. Special Meetings. The Mayor on his/her own motion or at the request of the City Manager
shall call special meetings of the City Council whenever in their opinion the public business may
require it, or at the express written request of any three (3) members of the City Council. Such
written request shall be filed with the City Secretary, and shall contain the agenda item requested
for the special meeting. Whenever a special meeting shall be called, notice shall be given.
3.03. Agenda. The Mayor, the City Manager, the City Secretary, or the City Attorney, or any three
(3) members of the City Council by written request, may place an item on a City Council agenda.
The written request shall include a clear description of the proposed action by the Council (in the
form of a proposed motion), or shall clearly state the item is for discussion purposes only, shall be
of sufficient detail to allow staff to contribute background information on the topic, and shall be
filed with the City Secretary by 5:00 p.m., Thursday, two weeks prior to the Monday night City
3
Council meeting (and a commensurate period for special meetings). Deviations from the deadlines,
or the submission of additional items either past the established deadlines or once the agenda has
been posted, should be exceedingly rare and of a clearly significant nature. All reports,
communications, ordinances, resolutions, contract documents, or other matters to be submitted to
the Council shall also be delivered to the City Secretary on the same schedule.
The City Secretary will coordinate the placement and content of items on the agenda with the City
Manager, who will resolve any conflicts with Mayor and Councilpersons. Agenda items may be
removed only by the person(s) who initially placed that item on the agenda.
Drafts of contracts, ordinances, resolutions, or other items requiring review should be submitted to
the City Attorney in a manner timely enough to allow for their review prior to this submittal deadline
above. None of the foregoing matters shall be presented to the Council by the administrative
officials except those of an urgent nature, and the same, when so presented, shall have the written
approval of the City Manager before presentation.
Section 4 - STANDARDS OF CONDUCT
4.01. City Councilpersons.
It is important that Councilpersons demonstrate civility to one another as individuals, for the validity
of different opinions, for the democratic process, and for the community and citizens being served.
Elected officials should exhibit appropriate behavior. All members of the City Council have equal
votes and all Councilpersons speak only for themselves.
4.02. Council Relations with the Media.
All City press releases, media advisories, story suggestions, or similar items should go through the
ption of factual police department bulletins which
designated officers may send directly, with copy to the City Secretary.
Section 5 DUTIES AND PRIVILEGES OF COUNCILPERSONS
5.01. Seating Arrangement.
The Mayor shall determine seating of the Council and Charter Officers.
5.02. Conflict of Interest.
A City Councilperson prevented from voting by a conflict of interest, shall step down from the dais
and leave the room (per Ethics Policy, attached as Appendix A),
shall not vote on the matter, shall not participate in discussions regarding the matter or attempt to
any way, shall not attend executive sessions
regarding the matter, and shall otherwise comply with the state law and city ordinances concerning
conflicts of interest including Chapter 171 of the Local Government Code.
5.03. Voting.
(A) When a vote is called, every member present shall vote either "Aye" or "No" or shall abstain.
4
(B) Any vote to which there is an objection shall be taken by counted vote; except that, on the
demand of a single Councilperson, a roll call vote shall be taken. After the result of a vote
is announced, a member may not change a vote unless, before the adjournment of that
meeting, permission is given to change the vote by a majority vote of the members present.
Section 6 - CHAIR AND DUTIES
6.01. The Presiding Officer - Duties. The presiding officer of the Council shall be the Mayor. The
Presiding Officer shall preserve strict order and decorum at all regular and special meetings of the
Council. He/She shall state every question coming before the Council, announce the decision of the
Council on all subjects and decide all questions of order, subject, however, to an appeal to the
Council, in which event a majority vote of the Council shall govern and conclusively determine
such question of order. He/She shall be entitled to vote on all questions. He/She shall sign all
ordinances and resolutions adopted by the Council during his/her presence. In the event of the
absence of the Mayor, the Mayor Pro Tem shall sign ordinances or resolutions as then adopted.
6.02. Call to Order - Presiding Officer. The Mayor, or in his/her absence, the Mayor Pro Tem,
shall take the chair precisely at the hour appointed for the meeting, and shall immediately call the
Council to order. In the absence of the Mayor or the Mayor Pro Tem, the City Secretary, or his/her
Assistant, shall call the Council to order, whereupon a temporary chairman shall be elected by
members of the Council present. Upon arrival of the Mayor or the Mayor Pro Tem, the temporary
chairman shall immediately relinquish the chair upon the conclusion of the business immediately
before the Council.
6.03. Roll Call. Before proceeding with the business of the Council, the City Secretary, or his/her
deputy shall note in the minutes the names of those present. Late arrivals or departures of Council
members shall be noted by the Presiding Officer, and recorded by the City Secretary in the minutes.
6.04. Quorum. A majority of all of the members of City Council shall constitute a quorum at any
regular or special meeting of the Council, except where provided otherwise under state law. In the
absence of a quorum, the Presiding Officer shall, at the request of any three (3) members present,
compel the attendance of absent members.
6.05. Order of Business. All meetings of the Council shall be open to the public, in accordance
with the Texas Open Meetings Act. Promptly at the hour set on the day of each regular meeting as
posted as required by law, the members of the Council, the City Secretary, the City Attorney, the
Mayor, and the City Manager, shall take their regular stations in the Council Chambers, and the
business of the Council shall generally be taken up for consideration and disposition in the following
order:
1. Call to Order
2. Invocation and Pledges of Allegiance
3. Proclamations and Presentations
4. Citizen Comment
5. Consent Agenda (Any member of the Council may remove any item from the Consent
Agenda for discussion.) These items are typically routine in nature.
6. Statutory Agenda
7. Reports of City Officers and Staff
8. Administrative Reports
5
9. Items of Community Interest (in accordance with state law)
10. Executive and/or workshop sessions (as appropriate)
11. Reconvene in public session (as needed following executive sessions)
12. Adjournment
6.06. Rules of Debate.
(A) Presiding Officer May Debate and Vote, Etc. The Mayor or Mayor Pro Tem, or such other
member of the Council as may be presiding may move, second and debate from the chair,
subject only to such limitations of debate as are by these rules imposed on all members and
shall not be deprived of any of the rights and privileges of a Councilperson by reason of
his/her acting as the Presiding Officer.
(B) Getting the Floor - Improper References to be Avoided. Every member desiring to speak
shall address the Chair, and, upon recognition by the Presiding Officer, shall confine himself
to the question under debate, avoiding all personalities and indecorous language.
(C) Interruptions. A member, once recognized, shall not be interrupted when speaking unless it
be to call him to order, or as herein otherwise provided. If a member, while speaking, be
called to order, he shall cease speaking until the question of order be determined, and, if in
order, he shall be permitted to proceed.
(D) Remarks of Councilperson-When Entered in Minutes. A Councilperson may request,
through the Presiding Officer, the privilege of having an abstract of his/her statement on any
subject under consideration by the Council entered in the minutes. If the Council consents
thereto, such statement shall be entered in the minutes.
(E) Synopsis of Debate - When Entered in Minutes. The City Secretary may be directed by the
Presiding Officer, with consent of the Council, to enter in the minutes a synopsis of the
discussion on any question coming regularly before the Council.
6.07. Addressing the Council.
(A) Citizen Comment. Before each meeting of City Council the City Secretary shall make
Citizen Comment forms available, on which any taxpayer or resident, or his/her authorized
representative, or any member of the public, may sign his/her name and address, and indicate
the subject matter on which he wishes to speak. Individuals may address the Council by oral
communication by completing all requested information on the Citizen Comment form and
placing dais, not later than five (5) minutes before
commencement of the meeting.
Each person addressing the Council shall step up to the podium, shall give his/her name and
address for the record, and, unless further time is granted by the Council, shall limit his/her
address to five (5) minutes. All remarks shall be addressed to the Council as a body and not
to any member thereof. No person, other than the Council and the person having the floor
shall be permitted to enter into any discussion, either directly or through a member of the
Council, without the permission of the Presiding Officer. No question shall be asked to a
Councilperson except through the Presiding Officer. Any such question shall be referred by
City Council to the City Manager, for further handling.
6
Persons wishing to address the Council on more than one agenda item or topic in a single
meeting must speak on all such agenda items or topics during their presentation. Additional
time is not given for additional items (however, emailing, writing, calling, or visiting with
Councilpersons outside of meetings is, of course, unlimited). This requirement does not
restrict anyone from also speaking at any public hearing (see additional information below).
Subject to the foregoing, the City Council shall not place limits on discussion of specific
subject matter as it relates to any constitutionally guaranteed right of freedom of speech, or
otherwise discriminate against a particular point of view.
(B) Public Hearings Public hearings provide municipal residents and affected parties an
opportunity to be heard, typically on certain land use items or the annual adoption of the
municipal budget and tax rate.
There is not a form or sign up requirement for public hearings at City Council meetings.
Each person addressing the Council shall step up to the podium and shall give his/her name
and address for the record. All remarks shall be addressed to the Council as a body and not
to any member thereof. No person, other than the Council and the person having the floor
shall be permitted to enter into any discussion, either directly or through a member of the
Council, without the permission of the Presiding Officer. No question shall be asked to a
Councilperson except through the Presiding Officer.
6.08. Silence Constitutes Affirmative Vote. Unless a member of the Council states that he is not
voting, his/her silence shall be recorded as an affirmative vote.
6.09. Decorum.
(A) By Councilpersons. While the Council is in session, the members must preserve order and
decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the
proceedings or the peace of the Council nor disturb any member while speaking or refuse to
obey the orders of the Council or its Presiding Officer, except as otherwise herein provided.
(B) By Persons. Any person making personal, impertinent, or slanderous remarks or who shall
become boisterous while addressing the Council shall be forthwith, by the Presiding Officer,
subject to loss of speaking privileges unless permission to continue be granted by a majority
vote of the Council.
Reactions from the audience following the recognition and rewarding of citizens and special
guests is considered appropriate and encouraged. Disruptive verbal and/or non-verbal
reactions from the audience during staff presentations to the Council and during debate
between Councilpersons are inappropriate and are not permitted. The presiding officer will
ensure that the decorum of the meeting is maintained and is appropriate.
No offensive, vulgar, or distracting placards, banners, signs, or apparel shall be permitted to
be erected or displayed by persons in attendance in the City Council chamber or in any other
room in which the City Council is holding a meeting. Exhibits, displays, and visual aids used
in connection with presentations to the City Council are permitted.
6.10. Enforcement of Decorum. The Chief of Police, or such member or members of the Police
Department as he may designate, shall be Sergeant-at-Arms of the Council meetings. He, or they,
7
shall carry out all orders and instructions given by the Presiding Officer for the purpose of
maintaining order and decorum at the Council meeting. Upon instructions of the Presiding Officer
unless otherwise directed by a majority vote of the Council, it shall be the duty of the designated
Sergeant(s)-at-Arms present to remove any person who violates the order and decorum of the
meeting.
6.11. Special Committees. The establishment of and appointment of members to all special
committees shall be decided by a majority vote of the Council, unless otherwise prescribed by the
City Charter or other action of the Council.
6.12. Ordinances, Resolutions, and Contracts.
(A) All ordinances, resolutions and contract documents shall, before presentation to the Council,
have been approved as to form and legality by the City Attorney or his/her authorized
representative, and shall have been examined and approved for administration by the City
Manager or his/her authorized representative, where there are substantive matters of
administration involved.
(1) Ordinances, resolutions, and other matters or subjects requiring action by the Council
must initially be produced/written, introduced, and sponsored per the guidelines of
3.03 Agenda, above.
(2) No ordinance shall relate to more than one subject, which shall be clearly expressed in
its title, and no ordinance, or section thereof, shall be amended or repealed unless the
new ordinance contains the title of the ordinance or section amended or repealed, and
when practical all ordinances shall be introduced as amendments to existing ordinances
or sections thereof.
6.13. Reports and Resolutions to be Filed with the City Secretary. All reports and resolutions
shall be filed with the City Secretary and entered on the minutes.
Section 7 CITY COUNCIL COMMITTEES
7.01. Council Committees Established.
(A) The following standing committees of the City Council are established:
(1) Fiscal Affairs Committee
(2) Drainage and Flooding Committee
(B) Each standing committee shall review matters in its area of responsibility that are
referred to it by the City Council or the City Manager. A standing committee may,
by majority vote, recommend action to the City Council, but committee
recommendation is not necessary for a matter to be placed on the City Council
agenda. The committee chair may make a statement on behalf of the committee on
an item in a meeting of the Council.
7.02. Appointment. Appointment to and composition of the committees has been established
through prior Council action and may be amended by such.
8
7.03. Council Committee Meetings.
(A) Council standing committees shall meet as necessary. The quorum of Council committees
will be a majority of the members serving. Except when serving during a meeting for an
absent member, an alternate to the committee should not be seated at the dais, nor participate
in discussion or vote.
(B) The committee chair shall develop committee meeting agendas through coordination with
fellow committee members and appropriate supporting staff members. The committee chair
will coordinate with the City Secretary to ensure that the committee meeting agenda is posted
as appropriate.
7.04. Council Ad Hoc Committees.
The Mayor may appoint ad hoc committees from time to time to study and review specific
issues. The Mayor shall determine the number of members and appoint a chair of ad hoc
committees. The ad hoc committees shall be established for a designated period of time,
which may be extended by the Mayor and shall meet as needed. The Mayor shall formally
announce the establishment of any ad hoc committee along with his/her appointments to
that committee in a session of Council prior to the committee convening to conduct
business.
Section 8 RULES SUSPENSION
Any provision of these rules not governed by the City Charter, City Code, or state law may be
temporarily suspended by a two-thirds vote of the members of the City Council present.
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APPENDIX A
ETHICS POLICY
Section 1. Policy and purposes.
(A) General policy statement. It is the policy of the city that all city officials and
employees shall conduct themselves both inside and outside the city's service so as to
give no occasion for distrust of their integrity, impartiality, or devotion to the best
interest of the city and the public trust which the city holds.
(B) Appearance of impropriety. Public service is a public trust. All city officials and
employees are stewards of the public trust. They have a responsibility to the citizens
of the city to administer and enforce the City Charter and city ordinances. To ensure
and enhance public confidence in city government, each city official and employee
must strive not only to maintain technical compliance with the principles of ethical
conduct set forth in this article and in state law, but also to avoid the appearance of
impropriety at all times.
(C) This code of ethics has three purposes:
(1) To encourage ethical conduct on the part of city officials and employees;
(2) To encourage public service with the city;
(3) To establish standards for ethical conduct for city officials and employees by
defining and prohibiting conduct that is incompatible with the interests of the city;
(D) 'This code of ethics is not intended to be used as a political weapon or to intimidate or
embarrass affected persons. The officials charged with administration of this code of
ethics shall administer it in a manner that avoids any such use of this code of ethics.
Section 2. Definitions.
In this policy:
Benefit means anything reasonably regarded as pecuniary gain or pecuniary advantage,
including any money, real or personal property, purchase, sale, lease, contract, option,
credit, loan, discount, service or other tangible or intangible thing of value. Benefit
includes a pecuniary gain or pecuniary advantage to any other person in whose welfare
the beneficiary has a direct and substantial interest.
Business entity means a sole proprietorship, partnership, firm, corporation, holding
company, joint-stock company, receivership, trust, unincorporated association, or any
other entity recognized by law, including a nonprofit organization or governmental entity.
Economic interest includes a legal or equitable interest in real property, personal
property, or intangible property, or a contractual right, including but not limited to receipt
of compensation and/or benefits. Service by a city official or employee as an officer,
director, advisor, or other active participant in a nonprofit educational, religious,
charitable, fraternal, or civic organization does not create for that city official or employee
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an economic interest in the property of the organization. Ownership of an interest in a
mutual or common investment fund that holds securities or other assets is not an economic
interest in the securities or other assets unless the person in question participates in the
management of the fund.
Employee means any person employed by the city, whether under civil service regulations
or not, including those individuals on a part-time basis, but not including any independent
contractor.
Immediate family members means the spouse, children, brothers, sisters, and parents
(including any such step- or half- relations) of an officer or employee.
Officer or official means the mayor or any member of the city council and any appointive
member of a city board, commission or committee established by ordinance, charter or
state law.
Section 3. Prohibition against involvement in actions affecting economic interests.
(A) General rule. It shall be a violation of this policy for a city official or employee to
participate in any proceedings or take any official action that he or she knows is likely
to:
(1) Affect an economic interest of:
(a) The official or employee;
(b) His or her immediate family member;
(c) A member of his or her household;
(d) An outside employer of the official or employee or of his or her immediate
family member;
(e) A business entity in which the official or employee or his or her immediate
family member holds an economic interest;
(f) A business entity for which the city official or employee serves as an
employee, officer or director, or otherwise functions in any policy making
position; or
(g) A person or business entity from whom the official or employee, or his or her
immediate family member, has solicited, received and not rejected, or accepted
an offer of employment within the past twelve months; or
(2) Confer a benefit on the official or employee, or deprive the official or employee of
a benefit, where the effect of the action on the official or employee is
distinguishable from the effect of the action on other employees or officials,
members of the public in general or a substantial segment of the public.
(B) Meaning of "affect".
(1) In subsection (a)(l) above, an action is likely to affect an official's or employee's
economic interest if it meets all of the following:
(a) The action is likely to have an effect on that interest, either positive or negative,
that is distinguishable from its effect on other employees or officials, members
of the public in general or a substantial segment of the public.
(b) The effect of the action on that interest is direct, and not secondary or indirect.
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However, the action need not be the only producing cause of the effect in order
for the effect to be direct.
(c) The effect on the interest must be more than insignificant or de minimis in
nature or value.
(2) In determining whether a person, entity or property is or was affected by an
official's or employee's participation in proceedings, vote or decision, it will not be
necessary to prove the actual existence or occurrence of an economic effect or
consequence if the effect or consequence would be reasonably expected to exist or
occur.
(C) Recusal and disclosure. A city official or employee whose conduct would otherwise
violate subsection (a), or state law if he/she participated in proceedings or took an
action, must abstain from participation in the action in accordance with the following:
(1) Immediately refrain from further participation in the matter, including discussions
with any persons likely to consider the matter, from the time he or she discovers
or reasonably should have discovered the matter triggering the recusal;
(2) Promptly file necessary documentation disclosing the nature and extent of the
interest triggering the recusal with the city clerk, if the person is an official, or with
the person's supervisor, if the person is an employee;
(3) Promptly notify the person's supervisor of the nature and extent of the interest
triggering the recusal, if the person is a city employee, so that the supervisor can
reassign responsibility for handling the matter to another person; and
(4) Promptly disclose the interest triggering the recusal, if the person is a member of
the city council, a city board or commission, to other members of the city council,
board or commission, and leave the room in which the city council, board or
commission is meeting during the board or commission's discussion of or voting
on, the matter.
(D) No prohibition established in this section shall be construed to prevent members of
city council, or the appointees to any board or commission of the city, or a city
employee, from voting on or participating in a matter relating to the adoption of laws,
rules and/or policies that apply generally to all employees, officials and/or members
of the public and the effect of which dos not confer a benefit on the official or
employee that is distinguishable from the effect on other employees, officials or
members of the public or a substantial segment of the public.
Section 4. Standards of conduct.
(A) Standards for immediate family members. A city official or employee commits a
violation of this policy if an immediate family member, with the official's or
employee's knowledge, intentionally or knowingly:
(1) Solicits, accepts or agrees to accept from another person any benefit that the
member's immediate family member, who is a city officer or employee, is
prohibited from soliciting, accepting or agreeing to accept under state law;
(2) Misuses any official information obtained from the member's immediate family
member, who is a city officer or employee, to which the immediate family member
has access by virtue of the immediate family member's office or employment and
that has not been made public, in a manner prohibited as to the immediate family
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member under state law; or
(3) Misuses, as defined in Texas Penal Code §39.01, any city
property, services, personnel or any other thing of value belonging to the city that
has come into the member's custody or possession by virtue of the office or
employment of the member's immediate family member who is a city officer or
employee.
(B) Representation and appearance at meetings. No city official or employee shall
knowingly:
(1) Appear before the body of which the officer or employee is a member, or
otherwise participate in any proceedings, as a representative for any private
person, including the officer or employee or any immediate family member,
except that an official or employee may represent their interests in their own
property before a board, agency, commission or department of the city.
(2) Participate in any proceedings, directly or indirectly, wherein the official or
employee represents the interests of any outside employer, business entity, group
or interest in any matter, action or proceeding against the interests of the city or
in any litigation in which the city or any department, agency, commission or board
thereof is a party;
(3) Accept other employment or engage in outside activities incompatible with the
full and proper discharge of city duties or that might impair independent judgment
in the performance of city duties; or
(4) Make a false statement of material fact at a public meeting. This subsection shall
not be construed to deprive an officer or employee of the right to due process
under the law, including the right to represent himself/herself in a court
proceeding.
(C) Representation by council members. No city council member shall knowingly
represent any private person, including the city council member or any immediate
family member, or any outside employer, business entity, group or interest in any
matter before any department, agency, commission or board of the city, except that
city council members may represent their interests in their own property before a
board, agency, commission or department of the city.
(D) Representation in municipal court. In any action or proceeding in the municipal court
which is instituted by a city officer or employee in the course of official duties:
(1) No city council member shall knowingly represent any private person other than
himself or herself. If a city council member elects to have a trial in municipal
court, the city council, without the participation of the affected city council
member, will appoint a special judge to preside over the trial.
(2) No city officer or employee shall knowingly represent any private person other
than himself or herself, including any immediate family member, or any group
or interest.
(E) Representation in land use and development matters. A member of the planning and
zoning commission shall not knowingly represent the member or any other person,
group or interest in any matter before the zoning board of adjustments involving land
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use or development, and a member of the zoning board of adjustments shall not
knowingly represent the member or any other person, group or interest in any matter
before the planning and zoning commission involving land use or development. This
subsection does not apply to members representing their interests in their own
property.
(F) Prohibited use of city position. A city official or employee shall not use his or her
position to unfairly advance or impede private interests, or to grant or secure, or
attempt to grant or secure, for any person (including himself or herself) any form of
special consideration, treatment, exemption, or advantage beyond that which is
lawfully available to other persons. A city official or employee who represents to a
person that the official or employee may provide an advantage or impediment to the
person based on the official's or employee's office or position violates this rule.
Section 5. Contracts with city; eligibility for appointment or election to office.
(A) No member of the city council and no city employee shall have a financial interest in
the sale to the city of any land, materials, supplies or service, outside of the person's
position with the city. Any person having an interest shall be ineligible for election as a
city council member or appointment as a city employee, and any city council member or
city employee who acquires an interest shall forfeit the office or employment. Any
violation of this subsection with the actual or constructive knowledge of the city council
member or employee shall render the contract voidable by the city manager or the city
council.
(B) In subsection (a) of this section and in subsection 2.425(c), the term "sale to the city''
includes a sale to city-sponsored entities and organizations subject to substantial control
by the city in one or more of the following respects:
(1) All or a majority of the governing body of the entity or organization is appointed by
the city council;
(2) The city provides more than one-half of the operating funds of the entity or
organization;
(3) The city has approval authority over purchasing decisions made by the entity or
organization;
(4) The city has approval authority over bonds or other indebtedness issued by the entity
or organization; or
(5) The city has approval authority over the budget of the organization.
(C) This section does not apply to acquisition of property by the city as a result of eminent
domain proceedings or the threat of eminent domain proceedings.
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