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HomeMy WebLinkAbout01-11-21 Regular Meeting of the La Porte City Council - Call Dis. 6 & Charter elec. LOUIS RIGBY BILL BENTLEY Mayor CouncilpersonDistrict 3 BRANDON LUNSFORD THOMAS GARZA CouncilpersonAt Large A CouncilpersonDistrict 4 BRENT McCAULLEY JAY MARTIN CouncilpersonAt Large B CouncilpersonDistrict 5 TREY KENDRICK NANCY OJEDA CouncilpersonDistrict 1 CouncilpersonDistrict 6 CHUCK ENGELKEN CouncilpersonDistrict 2 Mayor ProTem MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE DECEMBER14, 2020 The City Council of the City of La Portemet in a regularmeetingonMonday, December14, 2020,at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00p.m., with the following in attendance: Councilpersons present: Louis Rigby,Brandon Lunsford, Steve Gillett, Danny Earp,Chuck Engelken, Bill Bentley, Thomas Garza(left at 6:01p.m.), Jay Martin, Nancy Ojeda Councilpersons attending remotely: None Councilpersons absent: None Council-appointed officers present: Corby Alexander, City Manager; Lee Woodward, City Secretary; Clark Askins, Assistant City Attorney 1.CALL TO ORDER Mayor Rigbycalled the meeting to order at 6:00p.m.Mayor Rigby reminded Councilperson Garza The Mayor reminded Councilperson Garza that he had the opportunity to attend the meeting electronically and could go to his office in City Hall. Councilperson Garza said he was exempted from wearing a face covering for medical reasons and would not be wearing one. The Mayorasked the Sergeant-at-Arms to remove Councilperson Garza. Councilperson Garza moved that the Council oppose, which he termed asillegal. The motion did not receive a second and was not considered.Councilperson Garza was escorted from the room. 2. INVOCATION The invocation was given by Pastor Alan Neel, Life CommunityChurch, and pledgeswereled by CouncilpersonNancy Ojeda.Mayor Rigby thanked outgoing Councilpersons Steve Gillett and Danny Earp and offered cil and expressed their gratefulnessto the Council and the community. 3.PRESENTATIONS, PROCLAMATIONS, AND RECOGNITIONS a. Presentation of Oaths of Office to newly elected councilpersons Brent McCaulley and Trey Kendrick. \[Mayor Louis R. Rigby\] 4. CITIZENCOMMENT(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.) There were no speakers. 5.ELECTION MATTERS a.Presentation, discussion, and possible action to approve an election services contract between Harris County and the City of La Porte, relating to the City's Councilperson-District 6 runoff election held on December 12, 2020. \[Mayor Louis R. Rigby\] Mayor Pro TemEngelkenmoved to approve an election services contract between Harris County and the City of La Porte, relating to the City's Councilperson-District 6 runoff election held on December 12, 2020.; the motion was seconded by Councilperson Bentley;the motion was adopted, 8-0. Page 1of 4 December14, 2020,Council Meeting Minutes 6.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 meeting held on November 9 and the special meeting on November 16, 2020. \[Louis R. Rigby, Mayor\] b.Approve reallocation of remaining Coronavirus Relief Fund funds from the La Porte Cares Small Business Relief Program Fund to the La Porte Cares Emergency Household Assistance Program Fund. \[Corby Alexander, City Manager\] c.Reject Bid #21002 for the Northwest Park Soccer Field Lighting Project. \[Rosalyn Epting, Director of Parks & Recreation\] d.Approve the purchase of playground equipment in the amount of $315,664.61 from GameTime, through BuyBoard Contract #592-19, for replacement playgrounds at Northwest Park, Fairmont Park West, and 14th Street Park. \[Rosalyn Epting, Director of Parks & Recreation\] e.Approve Bid # 21001 to Nicole Scales and Measurement for Intercomp Scale System for utilization by La Porte DOT Officers, in the amount of $55,502.54. \[Steve Deardorff, Chief of Police\] f. Approve rollover of the requested encumbrances from City of La Porte Fiscal Year 2020 budget to City of La Porte Fiscal Year 2021 budget. \[Michael Dolby, Finance Director\] g.Approve an agreement with RBC Capital Markets to provide financial advisory services to the City of La Porte. \[Michael Dolby, Finance Director\] h.Approve Resolution 2020-34 amending the City of La Porte Investment Policy. \[Shelley Wolny, Treasurer\] i.Approve payment to Oakland Land and Development, Inc. in the amount of $37,202.49 as the fifth payment for the development of Sector 23, in accordance with Local Government Code Chapter 380 Agreement dated March 27, 2017. \[Jason Weeks, Assistant City Manager\] j.Approval or other action for use of Coronavirus Relief Funds for touchless flush valves and faucets utilizing Charlies Plumbing under BuyBoard Contract #558-18 for $65,192.00 \[Ray Mayo, Public Works Director\] k.Authorize the City Manager to sign a professional services agreement with Huitt-Zollars for conceptual design and a Preliminary Engineering Report for the Public Works Service Center. \[ Ray Mayo, Public Works Director\] l.Award Bid # 21004 TV Inspection and Cleaning of Sanitary and Storm Sewer Lines, to AAA Flexible Pipe Cleaning, Inc. for a total expenditure of $68,500.00. \[Ray Mayo, Public Works Director\] m. Authorize the City Manager to execute a professional services contract with 5engineering, LLC, for the Avenue H/Sens Road & Little Cedar Bayou Drainage Study, in the amount of $453,755.00. \[Ray Mayo, Public Works Director\] n.Adopt Ordinance 2020-3809 for the purpose of vacating, abandoning, and closing the southern half of the East L Street right-of-way, situated in Block 1159, Town of La Porte, and authorizing execution and delivery of a deed to adjoining landowner \[Ian Clowes, City Planner\] o.Approve the purchase of Antigena email scanning software and enter into a four year agreement under Quote No. 19686534 from Software House International (SHI) through BuyBoard Contract #579-19. \[Grady Parker, IT Manager\] Mayor Pro Tem Engelken moved to approve consent agenda; the motion was seconded by Councilperson Bentley; the motion was adopted, 8-0. 7. STATUTORY AGENDA a.Presentation and discussion regarding options for the purchase and installation of digital roadway signs and provide direction to staff for implementation of the project. \[Kristin Gauthier, Emergency Management Coordinator\] Councilperson Ojeda moved to direct staff to consider two ornamental signs as in Option 2 and consider a third for next year; the motion was seconded by Councilperson Bentley and Mayor Pro Tem Engelken; the motion was adopted, 8-0. Page 2 of 4 December 14, 2020, Council Meeting Minutes b.Presentation, discussion, and possible action to authorize utilization of a portion of the La Porte Municipal Airport for scientific weather observations conducted by the University of Houston. \[Ray Mayo, Public Works Director\] Mayor Pro Tem Engelken moved to authorize non-aviation utilization of a portion of the La Porte Municipal Airport for scientific weather observations conducted by the University of Houston and Los Alamos National Laboratories; the motion was seconded by Councilperson Bentley; the motion was adopted, 7-0 (Councilperson Martin had stepped out of the room). c.Presentation, discussion, and possible action to award Sealed Bid #21003 for the Five Points Plaza Enhancements Project to Texas Specialized Construction Services, LLC for bid items 1, 2, 3, 4, and 5, in the amount of $883,425.00, with an contingency amount of $45,000.00, for a total authorization of $928,425.00. \[Ray Mayo, Public Works Director\] Councilperson Bentley moved to award Sealed Bid #21003 for the Five Points Plaza Enhancements Project to Texas Specialized Construction Services, LLC \[for bid items 1, 2, 3, 4, and 5, in the amount of $883,425.00, with an contingency amount of $45,000.00, for a total authorization of $928,425.00\]; the motion was seconded by Councilperson Ojeda; the motion was adopted, 7-0 (Mayor Pro Tem Engelken had stepped out of the room) d.Presentation, discussion, and possible action to adopt Ordinance 2020-3810, approving Fiscal Year 2020-21 Budget. \[Shelley Wolny, Treasurer\] Councilperson Ojeda moved to adopt Ordinance 2020- Year 2020-21 Budget; the motion was seconded by Councilperson Martin; the motion was adopted, 8-0. e.Presentation, discussion, and possible action to authorize the City Manager to execute a professional services agreement with Cobb, Fendley & Associates, Inc., for municipal engineering services, for a total authorization not to exceed the available budgeted amount. \[Teresa Evans, Director of Planning & Development\] Mayor Pro Tem Engelken moved to authorize the City Manager to execute a professional services agreement with Cobb, Fendley & Associates, Inc., for municipal engineering services, for a total authorization not to exceed the available budgeted amount; the motion was seconded by Councilperson Ojeda; the motion was adopted, 8-0. f. Presentation, discussion, and possible action to appoint a member and alternate to the La Porte City Council Drainage and Flooding Committee. \[Mayor Louis R. Rigby\] Councilperson Martin moved to appoint Councilperson Kendrick as a member and Councilperson Bentley as the alternate member to the La Porte City Council Drainage and Flooding Committee; the motion was adopted, 8-0. 8.REPORTS a.Receive FY 2019-20 fourth quarter Capital Improvement Plan program update. \[Jason Weeks, Assistant City Manager\] Mr. Weeks shared the quarterly report. b.Receive report of the Fiscal Affairs Committee meeting. \[Mayor Pro Tem Engelken\] Mayor Pro Tem Engelken reported the Committee met, that and noting that the reports the Committee received indicated the City-handled. Page 3 of 4 December 14, 2020, Council Meeting Minutes c.Receive report of the Drainage and Flooding Committee meeting. \[Councilperson Martin\] Councilperson Martin reported the Committee met and had received updates on relevant projects and an update on the agreement with the City of Pasadena, and noted the next meeting would be January 11. 9.ADMINISTRATIVE REPORTS Special City Council meeting, December 15 or December 17 City Manager Corby Alexander said there were no reports. 10. COUNCIL COMMENTS Hear announcements concerning matters appearing on the agenda; items of community interest; and/or inquiries of staff regarding specific factual information or existing policy from the Mayor, Councilmembers, and City staff, for which no formal action will be discussed or taken. Councilpersons recognized Open Government Analyst Gladis Sanchez on the completion of the requirements to earn her designation as a Texas Registered Municipal Clerk; congratulated and welcomed newly elected Councilpersons Brent McCaulley and Trey Kendrick and thanked outgoing Councilpersons Earp, Ojeda, and Gillett; congratulated Bay Forest Golf Course on being named the Chamber business of the month; thanked employees Gerald Jenkins and Gary Gordon for their help to citizens recently; wished all a Merry Christmas, happy holidays, and a Happy New Year; thanked Parks Director Roz Epting for work on Fairmont Park West; noted excitement about the weather project at the airport; reminded all to stay vigilant during COVID; and thanked staff for helping acclimate the newly elected Councilpersons. 11. EXECUTIVE SESSION a. City Council will meet in closed session as authorized by Texas Government Code Section 551.071 (1)(A) - Pending or Contemplated Litigation, to discuss SV Sons Hwy. 146, LLC vs. City of La Porte. The Council adjourned into executive session at 7:43 p.m. 12. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive session. The Council reconvened into open session at 8:01 p.m. ADJOURN Without objection, Mayor Rigby adjourned the meeting at 8:02 p.m. _______________________________ Lee Woodward, City Secretary Page 4 of 4 December 14, 2020, Council Meeting Minutes LOUIS RIGBY BILL BENTLEY Mayor CouncilpersonDistrict 3 BRANDON LUNSFORD THOMAS GARZA CouncilpersonAt Large A CouncilpersonDistrict 4 BRENT MCCAULLEY JAY MARTIN CouncilpersonAt Large B CouncilpersonDistrict 5 TREY KENDRICK NANCY OJEDA CouncilpersonDistrict 1 CouncilpersonDistrict 6 CHUCK ENGELKEN CouncilpersonDistrict 2 Mayor ProTem MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE DECEMBER21, 2020 The City Council of the City of La Portemet in a specialmeetingonMondayDecember21, 2020,at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 11:00a.m., with the following in attendance: Councilpersons present: Louis Rigby, Brent McCaulley,Bill Bentley Councilpersons attending remotely: Jay Martin Councilpersons absent: Brandon Lunsford, Trey Kendrick, Chuck Engelken, Thomas Garza, Nancy Ojeda Council-appointed officers present: Lee Woodward, City Secretary;Clark Askins, Assistant City Attorney CALL TO ORDER Mayor Rigbycalled the meeting to order at 11:00 a.m. 2.CITIZEN COMMENT (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.) There were no comments. 3. ELECTION MATTERS (a)Presentation, discussion, and possible action to adopt Ordinance 2020-3811, canvassing the returns of the 2020 General Election Runoff Election held on December 12, 2020, for the election of a Councilperson- District 6.\[Mayor Louis R. Rigby\] Councilperson Bentleymoved toadopt Ordinance 2020-3811, canvassing the returns of the 2020 General Election Runoff Election held on December 12, 2020, for the election of a Councilperson-District 6;the motion was seconded by Councilperson McCaulley; the motion was adopted, 4-0. 4.COUNCIL COMMENTS Hear announcements concerning mattersappearing on the agenda; items of community interest; and/or inquiries of staff regarding specific factual information or existing policy from the Mayor, Councilmembers, and City staff, for which no formal action will be discussed or taken. Councilpersonswished all a Merry Christmas and a happy new year. ADJOURN Without objection, Mayor Rigby adjourned themeeting at 11:02 a.m. _______________________________ Lee Woodward, City Secretary Page 1of 1 December21, 2020,Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:January 11, 2021 Source of Funds:N/A Requested By:Louis R. Rigby, Mayor Department:City Council Account Number:N/A Amount Budgeted:N/A ReportResolutionOrdinance Amount Requested:N/A Exhibits: None Budgeted Item:YesNo SUMMARY& RECOMMENDATION Planning and Zoning CommissionerPosition 1became vacant afterCouncilperson Kendrickelectionto the City Council.Councilperson Kendrick has nominated Nolan Allenfor theP&Zseat. City Development Code -Sec. 106-62. -Membership and structure. (a) The city planning and zoning commission shall consist of nine members, to be appointed as follows: a member from each of the six council districts, a member for each of the two at-large positions (At-Large A and At-Large B), and a member for the mayoral seat, who shall be the chairman. All members are required to be resident citizens and qualified voters of the city. ACTION REQUIRED BY CITY COUNCIL Considerthe appointment of Nolan Allen toPosition 1 on the Planning and Zoning Commission. REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:January 11, 2021 Requested By:Ian Clowes, City Planner Source of Funds:N/A Department:Planning & Development Account Number:N/A Amount Budgeted:N/A ReportResolutionOrdinance Amount Requested:N/A Exhibits: Ordinance2021-3812, Deed, Area Map, Budgeted Item:YesNo Appraisal Summary SUMMARY& RECOMMENDATION The City of La Porte Planning & Development Department received an application from Justin Bennett, on behalf of WEJCO Properties, LPto vacate, abandon and close the sixteen (16) foot alley right-of-wayin Block 375, Town of La Porte, and that portion of the NorthJ Street right-of-way situated between North Broadway and North 1st Street, adjacent to the property legally described as Lots 1-32, Block 375, La Porte Subdivision. The abandonment process requires that all adjacent property owners either participate in the closure or sign away rights to their portion of the proposed closure. Lancaster Interest, LLC, the only other adjacent property owner, decided not to participate in Mr. Bennett sixteen (16) foot alleyright-of-way. The total area of the requested closure is 27,680square feet. The area to be closed and abandoned is already being utilized bythe adjacentdevelopment for storage and parking. The requested closure will allow the right-of-way to legally become part of the overall development. Staff have determined that there are no City or franchised utilities existing within the right- of-way. Comcast, AT&T, and CenterPoint, the three (3) franchise utility companies, have all provided letters of no objection to the proposed right-of-wayclosure. In accordance with Sections 62- an appraisalof the subject right-of-wayto establish fair market value. The appraisal report established a value of $2.50per square foot. The applicant has submitted closing fees in the amount of $69,200(27,680sq. ft. x $2.50) to the City. These funds are being held in escrow subject to final consideration and action by City Council. Staff recommends City Council approve street and alley closure request #20- 25000004, vacating, abandoning and closing portions of North J Street and a sixteen (16) foot alley right-of-way. ACTION REQUIRED BY CITY COUNCIL Approve or deny Ordinances 2021-3812 for street and alley closure request #20- 25000004, vacating, abandoning and closing the sixteen (16) foot alley right-of- way in Block 375, Town of La Porte, and that portion of the North J Street right- of-way situated between North Broadway and North 1st Street, and authorizing the execution and delivery of a deed to the adjoining landowner. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date ORDINANCE NO. 2021-3812 AN ORDINANCE VACATING, ABANDONING AND CLOSING THE SIXTEEN (16) FOOT ALLEY RIGHT-OF-WAY LOCATED IN BLOCK 375, TOWN OF LA PORTE, AND THAT PORTION OF THE NORTH J STREET RIGHT-OF-WAY SITUATED BETWEEN NORTH BROADWAY STREET AND NORTH 1ST STREET, AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNER; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; CONTAINING A SEVERABILITY CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by the record owner of the property abutting the sixteen (16) foot alley right-of-way in Block 375, Town of La Porte, and that portion of the North J Street right-of-way situated between North Broadway and North 1st Street, to vacate, abandon and close 27,680 square feet of said rights-of way, and; WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine, and declare that the sixteen (16) foot alley right-of-way in Block 375, Town of La Porte, and that portion of the North J Street right-of-way situated between North Broadway and North 1st Street are not suitable, needed, or beneficial to the public as a public road, street, or alley, and the closing of the sixteen (16) foot alley right-of-way in Block 375, Town of La Porte, and that portion of the North J Street right-of-way situated between North Broadway and North 1st Street is for the protection of the public and for the public interest and benefit, and that the sixteen (16) foot alley right-of-way in Block 375, Town of La Porte, and that portion of the North J Street right- of-way situated between North Broadway and North 1st Street should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Under and by virtue of the power granted to the City of La Porte under its home rule charter, Chapter 62 of the City of La Porte Code of Ordinances and Chapter 253, Texas Local Government Code, the sixteen (16) foot alley right-of-way in Block 375, Town of La Porte, and that portion of the North J Street right-of-way situated between North Broadway and North 1st Street are hereby permanently vacated, abandoned, and closed by the City of La Porte, such right-of-way being incorporated herein, and further described to wit: Tract 1 BEING A TRACT OR PARCEL CONTAINING 0.1469 OF AN ACRE OR 6,400 SQUARE FEET OF LAND SITUATED IN THE JOHNSON HUNTER LEAGUE, ABSTRACT NO. 35, HARRIS COUNTY, TEXAS, AND BE MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE" FOUND AT THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY (R.O.W.) LINE OF NORTH J STREET (80 FOOT WIDE) AND THE WESTERLY R.0.W. LINE OF NORTH BROADWAY (100 FOOT WIDE), MARKING THE NORTHEAST CORNER OF LOT 32, OF SAID LA PORTE; 2 THENCE, SOUTH 86 DEG. 57 MIN. 37 SEC. WEST, ALONG THE NORTHERLY LINE OF SAID LOT 32, LA PORTE, A DISTANCE OF 125.00 FEET TO A CAPPED 5/8" IRON ROD STAMPED "WINDROSE" FOUND, MARKING THE NORTHEAST CORNER OF SAID 16 FOOT ALLEY AND THE NORTHWEST CORNER OF SAID LOT 32, LA PORTE, FOR THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT, BEING THE POINT OF BEGINNING; THENCE, SOUTH 03 DEG. 02 MIN. 23 SEC. EAST, ALONG THE WESTERLY LINE OF LOTS 17 THROUGH 32, OF SAID LA PORTE, A DISTANCE OF 400.00 FEET TO A POINT IN THE NORTHERLY LINE OF RESTRICTED RESERVE "A", BLOCK 1, LA PORTE LANDFILL, MAP OR PLAT THEREOF RECORDED UNDER FILM CODE NO, 664043 OF THE H.C.M.R., MARKING THE SOUTHWEST CORNER OF SAID LOT 17, LA PORTE AND THE SOUTHEAST CORNER OF SAID 16 FOOT ALLEY, FOR THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, SOUTH 86 DEG. 57 MIN. 37 SEC. WEST, ALONG THE NORTHERLY LINE OF SAID RESTRICTED RESERVE "A", A DISTANCE OF 16.00 FEET TO A CAPPED 5/8" IRON ROD STAMPED "WINDROSE" FOUND, MARKING THE SOUTHEAST CORNER OF LOT 16, OF SAID LA PORTE AND THE SOUTHWEST CORNER OF SAID 16 FOOT ALLEY, FOR THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, NORTH 03 DEG. 02 MIN. 23 SEC. WEST, ALONG THE EASTERLY LINE OF LOTS 1 THROUGH 16, OF SAID LA PORTE, A DISTANCE OF 400.00 FEET TO A CAPPED 5/8" IRON ROD STAMPED "WINDROSE" FOUND IN THE SOUTHERLY LINE OF SAID NORTH J STREET, MARKING THE NORTHEAST CORNER OF SAID LOT 1 AND THE NORTHWEST CORNER OF SAID 16 FOOT ALLEY. FOR THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, NORTH 86 DEG. 57 MIN. 37 SEC. EAST, ALONG THE SOUTHERLY LINE OF SAID NORTH J STREET, A DISTANCE OF 16.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.1469 OF AN ACRE OR 6,400 SQUARE FEET OF LAND, AS SHOWN ON JOB NO. 56132, PREPARED BY WINDROSE LAND SERVICES. Tract 2 BEING A TRACT OR PARCEL CONTAINING 0.4885 OF AN ACRE OR 21,280 SQUARE FEET OF LAND SITUATED IN THE JOHNSON HUNTER LEAGUE, ABSTRACT NO. 35, HARRIS COUNTY, TEXAS, AND BE MORE FULLY DESCRIBED AS FOLLOWS BEGINNING AT A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE" FOUND AT THE INTERSECTION OF THE WESTERLY R.O.W. LINE OF NORTH BROADWAY (100 FOOT WIDE) AND THE SOUTHERLY LINE OF SAID NORTH J STREET, MARKING THE NORTHEAST CORNER OF LOT 32, BLOCK 375, OF SAID LA PORTE, FOR THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, SOUTH 86 DEG. 57 MIN. 37 SEC. WEST, ALONG THE NORTHERLY LINE OF LOT 1 AND LOT 32, BLOCK 375. OF SAID LA PORTE, A DISTANCE OF 266.00 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE" FOUND AT THE INTERSECTION OF THE EASTERLY R.O.W. LINE OF NORTH 1st STREET (100 FOOT 3 WIDE) AND THE SOUTHERLY LINE OF SAID NORTH J STREET, MARKING THE NORTHWEST CORNER OF SAID LOT 1, LA PORTE, FOR THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, NORTH 03 DEG. 02 MIN. 23 SEC. WEST, OVER AND ACROSS SAID NORTH J STREET, A DISTANCE OF 80.00 FEET TO A POINT IN THE SOUTHERLY LINE OF LOT 1, BLOCK l, GULF WINDS SUBDIVISION, MAP OR PLAT THERE OF RECORDED UNDER FILM CODE NO. 611247 OF THE H.C.M.R., FOR THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, NORTH 86 DEG. 57 MIN. 37 SEC. EAST, ALONG THE SOUTHERLY LINE OF SAID LOT 1, GULF WINDS SUBDIVISION, A DISTANCE OF 266.00 FEET TO A 3/8 INCH IRON ROD FOUND AT THE INTERSECTION OF THE WESTERLY R.O.W. LINE OF SAID NORTH BROADWAY AND THE NORTHERLY LINE OF SAID NORTH J STREET, MARKING THE SOUTHEAST CORNER OF SAID LOT 1, GULF WINDS SUBDIVISION, FOR THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, SOUTH 03 DEG. 02 MIN. 23 SEC. EAST, ALONG THE COMMON LINE OF SAID NORTH BROADWAY AND SAID NORTH J STREET, A DISTANCE OF 80 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.4885 OF AN ACRE OR 21,280 SQUARE FEET OF LAND, AS SHOWN ON JOB NO. 56132, PREPARED BY WINDROSE LAND SERVICES. Section 2. That the abandonment, vacation and closure provided for herein is made and accepted subject to all present zoning and deed restrictions if the latter exist, and all easements, whether apparent or non-apparent, aerial, surface or underground. Section 3. That the abandonment, vacation and closure provided for herein shall extend only to the public right, title, easement and interest and shall be construed to extend only to that interest which the governing body for the City of La Porte may legally and lawfully abandon, vacate and close. Section 4. That the City Manager is hereby authorized to execute and deliver a Deed Without Warranty to the abutting owner upon completion of all conditions and requirements set forth in this Ordinance. Section 5. That the abutting property owner shall pay all costs associated with procedures necessitated by the request to abandon the sixteen (16) foot alley right-of-way in Block 375, Town of La Porte, and that portion of the North J Street right-of-way situated between North Broadway and North 1st Street, as described in this Ordinance, plus compensation for the market value of such abandoned property in accordance Chapter 62 of the City of La Porte Code of Ordinances. Section 6. 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 4 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 7: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 8. If any part or portion of this ordinance shall be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair any remaining portions or provisions of the ordinance. Section 9. This ordinance shall be effective from and after its passage and approval, and it is so ordered. th PASSED AND APPROVED THIS 11 day of January 2021. CITY OF LA PORTE, TEXAS ______________________________ Louis R. Rigby, Mayor ATTEST: APPROVED AS TO FORM: __________________________ ____________________________ Lee Woodward, City Secretary Clark Askins, Assistant City Attorney DEED WITHOUT WARRANTY NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Date: JANUARY 11, 2021 Grantor: CITY OF LA PORTE, TEXAS, a municipal corporation Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571 Grantee: WEJCO Properties, LP Mailing Address: 1000 Uptown Park Blvd. #81 Houston, TX 77056 Consideration: Ten and No/100 Dollars ($10.00) cash and other good and valuable considerations Property: (including any improvements): Being the sixteen (16) foot alley right-of-way in Block 375, Town of La Porte, and that portion of the North J Street right-of-way situated between North Broadway and North 1st Street, and containing a cumulative total of 0.635 acres, and be more fully described as follows: Tract 1 BEING A TRACT OR PARCEL CONTAINING 0.1469 OF AN ACRE OR 6,400 SQUARE FEET OF LAND SITUATED IN THE JOHNSON HUNTER LEAGUE, ABSTRACT NO. 35, HARRIS COUNTY, TEXAS, AND BE MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE" FOUND AT THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY (R.O.W.) LINE OF NORTH J STREET (80 FOOT WIDE) AND THE WESTERLY R.0.W. LINE OF NORTH BROADWAY (100 FOOT WIDE), MARKING THE NORTHEAST CORNER OF LOT 32, OF SAID LA PORTE; THENCE, SOUTH 86 DEG. 57 MIN. 37 SEC. WEST, ALONG THE NORTHERLY LINE OF SAID LOT 32, LA PORTE, A DISTANCE OF 125.00 FEET TO A CAPPED 5/8" IRON ROD STAMPED "WINDROSE" FOUND, MARKING THE NORTHEAST CORNER OF SAID 16 FOOT ALLEY AND THE NORTHWEST CORNER OF SAID LOT 32, LA PORTE, FOR THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT, BEING THE POINT OF BEGINNING; THENCE, SOUTH 03 DEG. 02 MIN. 23 SEC. EAST, ALONG THE WESTERLY LINE OF LOTS 17 THROUGH 32, OF SAID LA PORTE, A DISTANCE OF 400.00 FEET TO A POINT IN THE NORTHERLY LINE OF RESTRICTED RESERVE "A", BLOCK 1, LA PORTE LANDFILL, MAP OR PLAT THEREOF RECORDED UNDER FILM CODE NO, 664043 OF THE H.C.M.R., MARKING THE SOUTHWEST CORNER OF SAID LOT 17, LA PORTE AND THE SOUTHEAST CORNER OF SAID 16 FOOT ALLEY, FOR THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, SOUTH 86 DEG. 57 MIN. 37 SEC. WEST, ALONG THE NORTHERLY LINE OF SAID RESTRICTED RESERVE "A", A DISTANCE OF 16.00 FEET TO A CAPPED 5/8" IRON ROD STAMPED "WINDROSE" FOUND, MARKING THE SOUTHEAST CORNER OF LOT 16, OF SAID LA PORTE AND THE SOUTHWEST CORNER OF SAID 16 FOOT ALLEY, FOR THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, NORTH 03 DEG. 02 MIN. 23 SEC. WEST, ALONG THE EASTERLY LINE OF LOTS 1 THROUGH 16, OF SAID LA PORTE, A DISTANCE OF 400.00 FEET TO A CAPPED 5/8" IRON ROD STAMPED "WINDROSE" FOUND IN THE SOUTHERLY LINE OF SAID NORTH J STREET, MARKING THE NORTHEAST CORNER OF SAID LOT 1 AND THE NORTHWEST CORNER OF SAID 16 FOOT ALLEY. FOR THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, NORTH 86 DEG. 57 MIN. 37 SEC. EAST, ALONG THE SOUTHERLY LINE OF SAID NORTH J STREET, A DISTANCE OF 16.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.1469 OF AN ACRE OR 6,400 SQUARE FEET OF LAND, AS SHOWN ON JOB NO. 56132, PREPARED BY WINDROSE LAND SERVICES. Tract 2 BEING A TRACT OR PARCEL CONTAINING 0.4885 OF AN ACRE OR 21,280 SQUARE FEET OF LAND SITUATED IN THE JOHNSON HUNTER LEAGUE, ABSTRACT NO. 35, HARRIS COUNTY, TEXAS, AND BE MORE FULLY DESCRIBED AS FOLLOWS BEGINNING AT A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE" FOUND AT THE INTERSECTION OF THE WESTERLY R.O.W. LINE OF NORTH BROADWAY (100 FOOT WIDE) AND THE SOUTHERLY LINE OF SAID NORTH J STREET, MARKING THE NORTHEAST CORNER OF LOT 32, BLOCK 375, OF SAID LA PORTE, FOR THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, SOUTH 86 DEG. 57 MIN. 37 SEC. WEST, ALONG THE NORTHERLY LINE OF LOT 1 AND LOT 32, BLOCK 375. OF SAID LA PORTE, A DISTANCE OF 266.00 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE" FOUND AT THE INTERSECTION OF THE EASTERLY R.O.W. LINE OF NORTH 1st STREET (100 FOOT WIDE) AND THE SOUTHERLY LINE OF SAID NORTH J STREET, MARKING THE NORTHWEST CORNER OF SAID LOT 1, LA PORTE, FOR THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, NORTH 03 DEG. 02 MIN. 23 SEC. WEST, OVER AND ACROSS SAID NORTH J STREET, A DISTANCE OF 80.00 FEET TO A POINT IN THE SOUTHERLY LINE OF LOT 1, BLOCK l, GULF WINDS SUBDIVISION, MAP OR PLAT THERE OF RECORDED UNDER FILM CODE NO. 611247 OF THE H.C.M.R., FOR THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, NORTH 86 DEG. 57 MIN. 37 SEC. EAST, ALONG THE SOUTHERLY LINE OF SAID LOT 1, GULF WINDS SUBDIVISION, A DISTANCE OF 266.00 FEET TO A 3/8 INCH IRON ROD FOUND AT THE INTERSECTION OF THE WESTERLY R.O.W. LINE OF SAID NORTH BROADWAY AND THE NORTHERLY LINE OF SAID NORTH J STREET, MARKING THE SOUTHEAST CORNER OF SAID LOT 1, GULF WINDS SUBDIVISION, FOR THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, SOUTH 03 DEG. 02 MIN. 23 SEC. EAST, ALONG THE COMMON LINE OF SAID NORTH BROADWAY AND SAID NORTH J STREET, A DISTANCE OF 80 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.4885 OF AN ACRE OR 21,280 SQUARE FEET OF LAND, AS SHOWN ON JOB NO. 56132, PREPARED BY WINDROSE LAND SERVICES. Reservations from and Exception to Conveyance and Warranty: This conveyance is made subject to all and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements, and covenants, if any, applicable to and enforceable against the above described property as reflected by the records of the county clerk of the aforesaid county. Grantor for the consideration and subject to the reservations from and exceptions to conveyance, conveys to Grantee the property without express or implied warranty, and all warranties that might arise by common law and the warranties in §5.023 of the Texas Property Code (or its successor) are excluded. Attest: City of La Porte, Texas _________________________________ By: _______________________________ Lee Woodward Corby D. Alexander City Secretary City Manager Approved as to form: __________________________ Clark T. Askins Assistant City Attorney STATE OF TEXAS § § COUNTY OF HARRIS § This instrument was acknowledged before me on _____ day of January, 2021, by Corby D. Alexander, City Manager of the City of La Porte, Texas, a municipal corporation. ____________________________________ Notary Public, State of Texas AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: ASKINS & ASKINS, P.C. ASKINS & ASKINS, P.C. P.O. Box 1218 P.O. Box 1218 La Porte, TX 77572-1218 La Porte, TX 77572-1218 ROW CLOSURE SAC #20-25000004 N. J St. ROW and Alley Legend Proposed ROW Closure This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries 1 inch = 201 feet JANUARY 2021 PLANNING DEPARTMENT December 10, 2020 City of La Porte P.O. Box 1115 La Porte, Texas 77572 RE: Restricted Appraisal regarding the estimated Market Value of portions of North J Street and 16 foot alleyway both unopened right of ways st Street, La Porte, Harris situated between North Broadway and North 1 County, Texas. Dear Sirs: In accordance with your request, I have inspected the following described property for the purpose of estimating the Market Value following described property as of the date of this Restricted Appraisal. As per our agreement, the data and analysis is presented in an abbreviated Restricted Appraisal format and is not intended to contain the full analysis. BRIEF LEGAL DESCRIPTION OF PROPERTY Known as +-0.4885 acres of land out of a portion of North ÑJÒ Street right of way and +-0.1469 acres of land which is a 16Ô alleyway out of Block 375, t, both st being unopened right of ways between North Broadway and North 1 Street located in the City of La Porte, Harris County, Texas. (See attached surveys located in the addenda). I hereby certify that I have personally inspected the property described via a street inspection and that all data gathered by my investigation is from sources believed reliable and true. In preparing this Restricted Appraisal, a study of comparable sales and other related market data was performed. Per instructions from the client the market value indicated reflects the unit value of the subject property before any discounting for use as a public right of way application. This market value indication does not reflect any discounting for use as a public right of way. .....Page 2 Continued...... It should clearly be understood that this letter only constitutes only a statement of the final value and that does not presume to be the complete analysis of the subject property nor a complete appraisal format and is subject to the preparation of a detailed appraisal report. The subject property consist of two (2) tracts of land. The North J Street ROW is described by the survey as a total of +-0.4885 acres or 21,280 square feet of land area located on the north line of Block 375 of La Porte. This tract consists of an unopened portion of the North J Street right of way which is 80' X 266' in dimension. The additional tract of land consists of a 16 foot wide alleyway situated in Block 375 of La Porte which has dimensions of 16Ô X 400Ô. This tract contains 0.1469 acres or 6,400 square feet. The total land area for both parcels is a total of +- 0.635 acres or 27,680 square feet of land area. Both right of ways are located north of Barbour's Cut Blvd and east of State Highway 146 in north La Porte. The subject site is generally flat and level in terms of topography. It is not located in the 100 year flood plain. Adjacent property uses consist primarily of light industrial property uses. The adjacent and nearby properties are zoned for light industrial and business industrial use by the City of La Porte. The Highest and Best Use of the subject property is determined to be for use either for a street right of way or alleyway, however it may have an alternative use by adjacent property owners due to its configuration. The client and intended user of this appraisal is the City of La Porte only. The intended use is to estimate the current market value of the subject property of this analysis as described above for use in establishing a market value for the subject property by the client. There has been no transfer of the subject property noted for the past 36 months per appraisal district records. The effective date of the appraisal is December 10, 2020 and last site inspection is December 16, 2019. The date of the report is December 2, 2020. The estimated exposure time is up to 24 months. Other sales of generally similar properties in the subject neighborhood were researched that had locations that range from primary to secondary type roadways. A unit value range of between $2.00 PSF to over $8.00 PSF was noted. After adjustments, it is my opinion the estimated unit value range for the subject property would be a unit value of $2.50 PSF before any additional discounting by the "City". .....Page 3 Continued..... Therefore the unit market value of the subject tract is estimated at $2.50 PSF which is based on 100% fee simple ownership with no discounting applied for use as a public right of way. The total value (both tracts) indication is calculated as follows. +-0.635 Acres or 27,680 SF X $2.50 PSF = $69,200 Respectfully Submitted, Chris Chuoke, President R.C. CHUOKE & ASSOCIATES , INC. REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:January 11, 2021 001 -General Fund Source of Funds: Requested By:Grady Parker, Manager Department:Administration/IT 001-6066-519.5007 Account Number: $74,000 Amount Budgeted: ReportResolutionOrdinance $73,251.86 Amount Requested: Exhibits:DataVoxQuote.pdf Budgeted Item:YesNo SUMMARY& RECOMMENDATION In 2011,the City of La Porteentered into networking devices. Currently, the City utilizes Cisco network switches and routers. The support agreement ensures that the City of La Porte has a guaranteed level of support in the event of failures on hardware (4-hour replacement) or software (immediate phone support). The City has had a service agreement with Cisco for at leastnine (9) years and the agreement has been through DataVox. Each year, IT budgets and renews their current DataVox. City staff has not had any issues with support from DataVoxduring the tenure of their service agreements and recommends approval of the support agreement using DataVoxas the preferred Cisco partner. Benefits: The renewal is with a Cisco preferred Vendor that the City of La Portehas worked with over the past 10 years. The renewal ensures the City of La Portehas immediate support on both hardware and software support. Liabilities: None Staff recommends approval of the Cisco Smartnet renewal with DataVoxunder DIR contract #TSO-4167in the amount of $73,251.86. ACTION REQUIRED BY CITY COUNCIL Approve the renewal of the Cisco Smartnet renewal with DataVox under the DIR Contract #TSO-4167 in the amount of $73,251.86. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date 1 of 5 2 of 5 3 of 5 4 of 5 5 of 5 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:January11, 2021 Source of Funds:001-General Fund Requested By: Shelley Wolny, Treasurer Department: Finance Account Number:Various Accounts Amount Budgeted:$0 ReportResolutionOrdinance Amount Requested:$1,948,265 Exhibits:Ordinance, Exhibits A & B and Detail Budgeted Item:YesNo Information SUMMARY& RECOMMENDATION The City of La Porte City Council adopted the Fiscal Year 2020-21 Budget on September 28, 2020. Staff is requesting a budget amendment for FY 2020-21 in the amount of $1,948,265 for the CRF Funding Plan. The expenditures were originally budgeted for in the Grant Fund; however, dueto the timing of the reimbursement requests, the expenditures will need to be appropriated in the General Fund. Therefore, the total budget will not change, but is being reallocated from one fund to another. As shown in the chart below, the General Fundreflects an increase and the grant fund reflects the comparable decrease. The Summary of Funds, which is shown below, represents the amendments which council previously approved to the FY 2020-21 Budget. (*denotes funds with current changes) FY 2021 Proposed FY FY 2021Revised 2021 Original Budget Amended Budget(12/14/20)Budget General Fund $ 60,835,130 $60,835,130 $ 62,783,395 * Grant Fund10,555,40310,841,5688,893,303* Street Maintenance Sales Tax 3,232,0003,232,0003,232,000 Fund Emergency Services District 1,376,3381,376,3381,376,338 Sales Tax Fund Hotel/Motel Occupancy Tax739,543739,543739,543 Economic Development 1,774,6281,774,6281,774,628 Corporation Tax Increment Reinvestment 2,931,532 2,931,532 2,931,532 Zone Utility 8,472,426 8,472,426 8,472,426 Airport 91,730 91,730 91,730 La Porte Area Water Authority 2,125,393 2,125,393 2,125,393 Motor Pool 3,172,859 3,185,541 3,185,541 Insurance Fund 9,867,814 9,867,814 9,867,814 Technology Fund 691,485 691,485 691,485 General Capital Improvement 4,171,741 4,171,741 4,171,741 Utility Capital Improvement 1,875,000 1,875,000 1,875,000 Sewer Rehabilitation Capital 350,000 350,000 350,000 Improvement Drainage Improvement Fund 4,205,000 4,205,000 4,205,000 General Debt Service 4,363,779 4,363,779 4,363,779 Total of All Funds $120,831,801 $121,130,648 $121,130,648 ACTION REQUIRED BY CITY COUNCIL Adopt of ordinance 2021-3813 Year 2020-21 Budget for $1,948,265 for the Coronavirus Relief Funding Plan. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date ORDINANCE2021-3813 AN ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1, 2020 THROUGH SEPTEMBER 30, 2021; FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the Charter of the City of La Porte, Texas, and the Statutes of the State of Texas, require that an annual budget be prepared and presented to the City Council of the City of La Porte, Texas, prior to the beginning of the fiscal year of said City, and that a public hearing be held prior to the adoption of said Budget; and WHEREAS, the Budget for the fiscal year October 1, 2020, through September 30, 2021, has heretofore been presented to the City Council and due deliberation had thereon, was filed in the office of the City Secretary on July 27, 2020, and a public hearing scheduled for September 28, 2020 was duly advertised and held, and said Budget was finally approved by ordinance on September 28, 2020; WHEREAS, Subsection (b) of Section 102.009 of the Texas Local Government Code provides that, after final adoption of the budget, the governing body of the municipality may spend municipal funds only in strict compliance with the budget, except in emergency, where in such cases the governing body of the municipality may authorize an emergency expenditure as an amendment to the original budget only in the case of grave public necessity to meet an unusual and unforeseen condition that could not have been included in the original budget through the use of reasonably diligent thought and attention; WHEREAS, Section 102.010 of the Texas Local Government Code provides that the governing body of a municipality may make changes to its budget for municipal purposes; WHEREAS, the adoption of this ordinance and the amendment of the Budget is necessary for and in the best interest of the health, safety and general welfare of the inhabitants of the City; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: SECTION 1. A grave public necessity exists and to meet an unusual and unforeseen condition that could not have been included in the original budget through the use of reasonably diligent thought and attention, the Budget must be amended and revised with respect to those appropriations set forth in Exhibit C, attached hereto by reference and made part hereof. In support thereof, the City Council finds that additional expenditures are necessary for the following purposes: 1) $1,948,265 for Coronavirus Relief Funding. Such additional expenditures are more specifically described on Exhibit C. SECTION 2: That the Budget for the City of La Porte, Texas, now before the said City Council for consideration, a complete copy of which is on file with the City Secretary and a summary of which is attached hereto by reference as Exhibit "A", is hereby amended as reflected on the amended budget summary document, attached hereto by reference as , as the Budget for the said City of La Porte, Texas, for the period of October 1, 2020, through September 30, 2021. SECTION 3. The several amounts stated in Exhibit C as the amended expenditures are hereby appropriated to and for the objects and purposes therein named, and are found to be for municipal purposes. SECTION 4. The amended and revised expenditures contained in the Budget, do not exceed the resources of each fund, as so amended and revised. SECTION 5: The City Council finds that all things requisite and necessary to the adoption of said Budget and the amendments made hereto have been performed as required by charter or statute. SECTION 6. Upon the passage and adoption of this ordinance, a copy of the ordinance shall be filed with the City Secretary, who shall attach a copy of same to the original budget. SECTION 7: 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 8: This Ordinance shall be in effect from and after its passage and approval. PASSED AND APPROVED this the 11th day of January, 2021. CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor ATTEST: Lee Woodward, City Secretary APPROVED AS TO FORM: ClarkT. Askins, Assistant City Attorney EXHIBIT A (ADOPTED BUDGET) City of La Porte Consolidated Summary of All Funds FY 20-21FY 20-21 RevenuesExpenses Governmental Fund Types: General Fund$ 54,019,060 $ 60,835,130 Grant Fund 10,240,174 10,555,403 Street Maintenance Sales Tax 3,612,322 3,232,000 Emergency Services District 1,502,322 1,376,338 Hotel/Motel Occupancy Tax 757,500 739,543 Economic Development Corporat 3,024,644 1,774,628 Tax Increment Reinvestment 6,764,085 2,931,532 Total Governmental Types 79,920,107 81,444,574 Enterprise: Utility 8,263,050 8,472,426 Airport 46,750 91,730 La Porte Area Water Authority 2,334,573 2,125,393 Total Enterprise 10,644,373 10,689,549 Internal Service Motor Pool 3,786,517 3,172,859 Insurance Fund 10,327,731 9,867,814 Technology Fund 554,028 691,485 Total Internal Service 14,668,276 13,732,158 Capital Improvement: General 2,992,000 4,171,741 Utility 1,208,750 1,875,000 Sewer Rehabilitation 302,500 350,000 Drainage Improvement Fund 4,095,000 4,205,000 Total Capital Improvement 8,598,250 10,601,741 Debt Service: General 3,430,000 4,363,779 Total Debt Service 3,430,000 4,363,779 Total All Funds 117,261,006 120,831,801 EXHIBIT B (AMENDED BUDGET) City of La Porte Consolidated Summary of All Funds FY 20-21FY 20-21 RevenuesExpenses Governmental Fund Types: General Fund$ 54,019,060 $ 62,783,395 Grant Fund 10,240,174 8,893,303 Street Maintenance Sales Tax 3,612,322 3,232,000 Emergency Services District 1,502,322 1,376,338 Hotel/Motel Occupancy Tax 757,500 739,543 Economic Development Corporat 3,024,644 1,774,628 Tax Increment Reinvestment 6,764,085 2,931,532 Total Governmental Types 79,920,107 81,730,739 Enterprise: Utility 8,263,050 8,472,426 Airport 46,750 91,730 La Porte Area Water Authority 2,334,573 2,125,393 Total Enterprise 10,644,373 10,689,549 Internal Service Motor Pool 3,786,517 3,185,541 Insurance Fund 10,327,731 9,867,814 Technology Fund 554,028 691,485 Total Internal Service 14,668,276 13,744,840 Capital Improvement: General 2,992,000 4,171,741 Utility 1,208,750 1,875,000 Sewer Rehabilitation 302,500 350,000 Drainage Improvement Fund 4,095,000 4,205,000 Total Capital Improvement 8,598,250 10,601,741 Debt Service: General 3,430,000 4,363,779 Total Debt Service 3,430,000 4,363,779 Total All Funds 117,261,006 121,130,648 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:January 11, 2021 Requested By:Corby Alexander, City Manager Source of Funds:N/A Department:CMO/Administration Account Number:N/A Amount Budgeted:N/A ReportResolutionOrdinance Amount Requested:N/A Exhibits: Budgeted Item:YesNo Ordinanceand 2019 Industrial District Agreement SUMMARY& RECOMMENDATION The City of La Porte and Industry have agreed to renew the provisions of the Industrial District Agreement for a twelve (12) year period. The current agreements expiredon December 31, 2019, the common date for the Battleground and Bayport Industrial Districts. CityCouncil has approved a total of 161agreements.Staff has successfully contacted companies with outstanding agreements and has reduced the number of unexecuted agreements to 2. Staff recommends City Council authorize the execution of Industrial District Agreements with the following industries: OrdinanceNumberIndustrial Company 2020-IDA-162 Clark Freight Lines, Inc. ACTION REQUIRED BY CITY COUNCIL Approveor deny Ordinance2020-IDA-162authorizing 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 ManagerDate ORDINANCE NO. 2020-IDA-162 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE, TEXAS OF AN INDUSTRIAL DISTRICT AGREEMENT WITH CLARK FREIGHT LINES, INC., INC, A TEXAS 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. Clark Freight Lines, Inc., a Texas Corporation has executed 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 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 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. th PASSED and APPROVED, this 11 day of January, 2021. CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor ATTEST: Lee Woodward, City Secretary APPROVED: AS TO FORM: ClarkT. 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 11, 2021 Source of Funds: Requested By:Louis R. Rigby, Mayor Department:City Council Account Number: Amount Budgeted: ReportResolutionOrdinance Amount Requested: Exhibits:See summary Budgeted Item:YesNo SUMMARY& RECOMMENDATION The City Council appointed a Charter Review Commission in the fall, their report will be presented this evening concerning their work and recommendations. Included in the packet, for review and consideration,are the following: -The report of the Commission. -A cumulative list of the recommendations of the Commission. -Redline version of the proposed Charter changes. -ordered for election by the City Council and approved by the voters. -Draft Ordinance 2021-3814 to call a charter amendment election with the report and is available to answer questions. The deadline to order a special election for charter amendments for the May 1, 2021, uniform election date is Friday, February 12, 2021. The City Council may choose to call an election including any,all, or none, and may call for other proposed charter amendments to be placed on the ballot. A home rule city such as the City of La Porte may choose to reviewits charter at any time. Per the Texas Constitution, charter amendment elections may not be held more frequently than every two calendar years. Should the City hold a charter amendment election on May 1, 2021, it may not hold the next charter amendment election until the May 6, 2023, uniform election date. ACTION REQUIRED BY CITY COUNCIL On or before February 12, 2021, decide which charter amendments to place on the May 1, 2021, ballot and adopt Ordinance 2021-3814 to call the election. CITYOF LA PORTE 2020CHARTERREVIEWCOMMISSION REPORT SUBMITTEDTOCITYCOUNCIL JANUARY 11, 2021 EXECUTIVE SUMMARY The 2020 Charter Review Commission consisted of nine citizens appointed by the City Council. Its charge was to review the Charter and develop recommendations to the City Council regarding potential amendments. These recommended changes would then be considered by the City Council for placement on the May 2021 ballot for voter consideration. The entire Charter was reviewed and discussed for potential changes. Councilpersons and city officers provided several items as suggestions, and Commission members had lengthy discussion on sections throughout the document. The Commission is submitting a total of The Commission appreciates the opportunity to have served the City in this endeavor. INTRODUCTION This is the final report of the 2020 City of La Porte Charter Review Commission. The body of the report covers the Commission's activities and the resulting observations and recommendations. The Charter Review Commission consisted of nine citizens appointed by each Councilperson respectively and approved by the City Council as a whole. Nominee Nominating member of Council Mrs. Tanya Jackson Mayor Rigby Mr. Paul Larson Councilperson Lunsford, At-Large A Mr. Barry Beasley Councilperson Gillett, At-Large B Mr. Mark Follis Councilperson Earp, District 1 Mr. John Blakemore Mayor Pro Tem Engelken, District 2 Mr. Larry Turner Councilperson Bentley, District 3 Mrs. Sammi Hammers Councilperson Garza, District 4 Mr. David Brady Councilperson Martin, District 5 Mrs. Kristin Martin Councilperson Ojeda, District 6 At its first meeting, held on September 15, 2020, the Commission elected Kristin Martin as its Chair. The Commission met in six open meetings from September 15 to December 8 at the Police Department training room.Members were able to attend in person or remotely. City staff provided suggestions, comments, and legal support during the process. Extensive and detailed discussions were held on each of the sections that resulted in a set of recommendations approved by a unanimous vote at the final Commission meeting. SUMMARY OF RECOMMENDATIONS AMENDMENT A.Amending Article I, Section 1.03. Modification of city boundaries., to ensure City practices are consistent with current state law. AMENDMENT B. Amending Article I, Section 1.05. - Powers of the city. b. Enumerated powers. 4. Garbage disposal. to more contemporary language. AMENDMENT C. Amending Article I, Section 1.05 - Powers of the city. b. Enumerated powers. 5. Nuisances, etc., to current practice and jurisdiction. AMENDMENT D. Amending Article II, Section 2.02. Qualifications. A. Enumerated. to more defined terminology. AMENDMENT E. Amending Article II, Section 2.02 Qualifications. A. Enumerated. to provide additional information by adding combined wording currently in 2.04. Vacancies in City Council. c. Filing for office. AMENDMENT F. Amending Article II, Section 2.02 Qualifications. b. Council to be judge of members' qualifications. to provide additional procedural information regarding forfeiture of or removal from office. AMENDMENT G. Amending Article II, Section 2.03. Conduct of elections. to improve organization of the document by inserting between 2.03.a. and 2.03.b. items currently as 2.04.d. and 2.04.e. AMENDMENT H. Amending Article II, Section 2.04. - Vacancies in city council. to provide clarification in definition and procedure. AMENDMENT I. Amending Article II, Section 2.06. - First meeting of council after canvass. to offer simplified language hewing to state law. AMENDMENT J. Amending Article II, Section 2.07. Meetings. a. Frequency., to proper practice. AMENDMENT K. Amending Article II, Section 2.09. Powers of council. j. to current practice. AMENDMENT L. Amending Article II, Section 2.09. Powers of council. to align with appropriate financial practices. AMENDMENT M. Amending Article II, Section 2.10. Additional discretionary powers. by striking item b. Hospital. AMENDMENT N. Amending Article III, Section 3.01. City manager. d. Provisions for absence. to further define performance of the provision. AMENDMENT O. Amending the introductory portion of Article III, Section 3.03. City secretary. to offer further definition. AMENDMENT P. Amending Article III, Section 3.04. Municipal court. b. Municipal judge. to offer further definition. AMENDMENT Q. Amending Article IV, Section 4.01. - Preparation and submission of budget. a. Contents of budget. 1. to modern language. AMENDMENT R. Amending Article IV, Section 4.02. - Availability of proposed budget. to established practice and language that acknowledges digital accessibility. AMENDMENT S. Amending Article IV, Section 4.04. Public record. b. Availability. to current language. AMENDMENT T. Amending Article V, Section 5.01. Division of taxation. to current staffing and tax assessment processes. AMENDMENT U. Amending Article V, Section 5.01. Division of taxation. b. Payment of taxes. 1. When due and payable. to provide clarification. AMENDMENT V. Amending Article V, Section 5.02. Purchase procedure. to current practice. AMENDMENT W. Amending Article V, Section 5.05. Borrowing. to current practice. AMENDMENT X. Amending Article VI, Section 6.01. Power of initiative. to provide additional definition. AMENDMENT Y. Amending Article VI, Section 6.02. Power of referendum. to increase clarity. AMENDMENT Z. Amending Article VI, Section 6.03. - Procedure for initiative or referendum petition. a. Form of petition. 1. Text. to increase clarity of the process. AMENDMENT AA. Amending Article VI, Section 6.03. - Procedure for initiative or referendum petition. a. Form of petition. 2. Signatures. (a) to bring it in line with modern practice. AMENDMENT BB. Amending Article VI, Section 6.03. - Procedure for initiative or referendum petition. a. Form of petition. 2. Signatures. (b) to a more realistic petition process. AMENDMENT CC. Amending Article VI, Section 6.03. - Procedure for initiative or referendum petition. a. Form of petition. 3. Circulators. to ease requirements for petition circulators. AMENDMENT DD. Amending Article VI, Sections 6.03. - Procedure for initiative or referendum petition. b. Submission of petition. 3. Certification. (b) Effect. and 6.06. - Amendment of initiative or referendum ordinances. to provide more consistent and modern wording. AMENDMENT EE. Amending Article VI, Section 6.08. - Procedure for recall petition. a. Affidavit. to provide distinction between at-large and district recall petitions. AMENDMENT FF. Amending Article VI, Section 6.08. - Procedure for recall petition. c. Return of petition. 1. to provide distinction between at-large and district recall petitions. AMENDMENT GG. Amending Article VI, Section 6.10. - District judge may order election. to reflect legal precedent. AMENDMENT HH. Amending Article VIII, Section 8.01. Publicity of records. to conform to state law. AMENDMENT II. Amending Article VIII, Section 8.02. Employers and officers. a. Personal financial interest. to improve clarity. AMENDMENT JJ. Amending Article VIII, Section 8.02. Employers and officers. c. Nepotism to provide increased clarity. AMENDMENT KK. Amending Article VIII, Section 8.02. Employers and officers. d. Bonds. to conform to current practice. AMENDMENT LL. Amending Article VIII, Section 8.03. - Assignment, execution and garnishment of city property. to increase flexibility in establishing appropriate pension planning. AMENDMENT MM. Amending Article VIII, Section 8.06. Amending this Charter. a. to clarify the frequency of charter review. AMENDMENT NN. Amending the City Charter throughout with a conforming amendment for gender- neutrality. * Per S.B. 957 (2017), non-statewide propositions are lettered on the ballot, not numbered. * LGC 9.004(c)(2) CONCLUSIONS The majority of the changes are to update and modernize the Charter, bringing many items in line with state law and/or current City practice or improving clarity of a process or definition. The 2020 Charter Review Commission has made a thorough examination of the City Charter and offered what it believes to be the necessary recommendations to ensure the Charter will continue to serve the community well. Individually and as a whole, the Commission thanks the Council for the opportunity to assist the City in this important task. 2020 CHARTER REVIEW COMMISSION CUMULATIVE RECOMMENDATIONS The 2020 Charter Review Commissionof the City of La Portehas been meeting since September15 to review the current City Charterunder Chair Kristin Martin.The Commission has engaged in a great deal of evaluation and analysisand respectfully provides thefollowingrecommendations for consideration by the City Council. N.B.Insert/inserting notes positioning betweenother words, sentences, or sections, asindicated; add/adding speakstoplacement at the end of a sentence, paragraph, section, etc.; substitute/substituting designates replacement of a word(s), phrase(s), etc. Conforming amendments for the entire document -Uniformity in capitalization of titles is addressed under 3.01(d). -Gender neutrality is noted under 3.03(b). Article I 1.01-1.02 No changes recommended. 1.03 Substitute the entire section,including 1.03(a-b), with The city council shall have power by ordinance to fix the boundary limits of the city and to provide by ordinance for the extension of said boundary limits, by the annexation of additional territory lying adjacent to the city, the disannexation of territory within the city, and the exchange of territory with other cities and towns, in accordance with the laws and Constitution of the State of Texas. Any area of the City may be disannexed pursuant to rules and procedures established under state law and whenever, in the opinion of the City Council, there exists within the corporate limits of the City a territory not suitable or necessary for City purposes. The City Council may discontinue said territory as part of the City by ordinance after conducting a publichearing on the matter. 1.04 No changes recommended. 1.05No changes were recommended for 1.05 (a-b)(1-3)). 1.05(b)(4)-Strike rubbish and insert otherwaste. 1.05(b)(5) - Strike to inspect dairies, slaughter pens, and slaughterhouses inside and outside the limits of the city, from which meat or milk is furnished to the inhabitants of the city. 1.05(c)-1.06 No changes recommended. Article II 2.01 No changes recommended. 2.02(a) Substitute resident for qualified voter in the first sentence. Add language from 2.04(c)(2-3), to read In addition thereto, each candidate for public office must be a qualified voter of the city, must file a sworn application with the city secretary in accordance with state law, and file for only one city office. 2.02(b) Add If a member of the Council is charged with any grounds for forfeiture and/or removal of office under this Charter, a hearing shall be set not less than ten (10) days nor more than thirty (30) days from the date on which the written charges are presented at a meeting of the city council. A written charge must be sworn, and is eligible to be filed only by three (3) members of the city council. At such hearing, the accused shall have the right to present evidence in his/her defense, but he/she shall be disqualified from voting as to his or her innocence or guilt. At the conclusion of the evidence, a vote shall be taken, and upon an affirmative vote of five (5) or more members of the city council, the accused member shall be removed from office and his or her seat declared vacant. 2.03(a) No changes recommended. 2.03(b) Insert 2.04(d-e) between the current 2.03(a) and (b), to become 2.03(b-c), without any change in wording, causing the current 2.03(b) to be renumbered as 2.03(d). 2.04 - Rename and substitute the entire section with 2.04 Vacancies, forfeiture, and resignation (a) Vacancies. The Office of a Councilmember or of the Mayor shall become vacant upon his/her death, resignation, forfeiture of his/her office, or removal from office. (b) Forfeiture of office. A Councilmember or the Mayor shall forfeit his/her office if he/she: (1) Lacks at any time during his/her term of office any qualification for the office prescribed by this Charter or by law; (2) Willfully violates any express prohibition of this Charter; (3) Is convicted of a crime involving moral turpitude; or (4) Fails to attend three consecutive regular Council meetings without being excused by the Council. (c) Resignation. The Mayor of a member of City Council may resign by submitting a statement in writing to the City Secretary. If the mayor or any councilperson shall announce his/her candidacy, or shall in fact become a candidate, in any general, special or primary election for any office of profit or trust under this Charter or the laws of Texas or the United States, other than the office he/she has held, at any time when the unexpired term of the office then held shall exceed one year and thirty (30) days, such announcement or such candidacy shall constitute an automatic resignation of the office then held. (d) Filling vacancies. When a vacancy shall develop, the City Council shall provide for the filling of such vacancy by calling a special election to be held within 120 days, in the manner provided by law; provided, however, that if the remainder of the unexpired term of the vacated office is twelve (12) months or less at the time the vacancy occurs, the City Council is authorized to fill the unexpired term by appointment, upon an affirmative vote of five (5) or more members of City Council. 2.05 No changes recommended. 2.06 Substitute the current language with As soon as practicable after each City election and in accordance with state law, the city council shall meet and newly elected members of the city council shall qualify and assume the duties of office. 2.07(a) Strike city secretary upon request of the mayor or three (3) councilpersons and add Mayor, the City Manager, or at the written request of any three (3) members of the City Council. 2.07(b)- 2.09(i) - No changes recommended. 2.09(j) - Strike assessment and insert certified appraisal in both places where it appears. 2.09 (k) Strike this item and reletter 2.09(l). 2.10(a) No changes recommended. 2.10(b) - Strike this item and reletter 2.10(c-d). 2.11 No changes recommended. Article III 3.01(a-c) No changes recommended. 3.01(d) Add In the event of failure of the Manager to make such designation, the Council may by resolution appoint an officer of the City to perform the duties of the City Manager until the City Manager returns or his or her disability shall cease. 3.02 No changes recommended. 3.03 Insert as the second sentence of the introduction The city secretary shall be appointed and removed at the will and pleasure of city council by a vote of the majority of the entire city council. 3.03(a) No changes recommended. 3.03(b) Make conforming insertions /her or /hers after he or his, respectively, throughout the document. 3.03(c-g)-3.04(a) No changes recommended. 3.04(b) - Insert as the second sentence The municipal judge shall be appointed and removed at the will and pleasure of city council by a vote of the majority of the entire city council. 3.04(c-e) No changes recommended. 3.05 No changes recommended. Article IV 4.01(a)(1) Strike receipts and insert revenues. 4.01(a)(2)-(c) - No changes recommended. 4.02 Strike The city manager shall cause sufficient copies of such to be prepared for distribution to interested persons. 4.03-4.04(a) No changes recommended. 4.04(b) Strike , mimeographed. 4.05-4.06 No changes recommended. Article V 5.01 Strike , the head of which shall be the city tax assessor-collector. 5.01(a) - No changes recommended. 5.01 (b)(1) Substitute the current wording with When due and payable. All taxes due the city may be paid at any time after the tax rolls for the year have been completed and approved, which shall be not later than October 15. Taxes shall be paid before the first day of February (or the next business day if the first day of February is a Saturday, Sunday or legal holiday) following the year for which the tax was levied, and all such taxes not paid prior to such date shall be deemed delinquent and shall be subject to such penalty and interest as provided by the Texas Property Tax Code. 5.01(b)(2) - No changes recommended. 5.02 - Insert or charged to a procurement card with the approval of after a requisition from and insert or designee after the city manager. 5.03-5.04 - No changes recommended. 5.05 - Strike this section. 5.06 - 5.08 No changes recommended. Article VI 6.01 Substitute the current section with The registered voters of the city shall have power to propose ordinances to the council and, if the council fails to adopt an ordinance so proposed without any change in substance, to adopt or reject such ordinance at a city election, such power known as the initiative, but such power shall not extend to the budget or capital program, granting of franchises, or any ordinance relating to appropriation of money, levy of taxes or salaries of city officers or employees, or in conflict with this Charter, or the Constitution and laws of the State of Texas. 6.02 - Substitute the current section with The qualified voters shall have power to approve or reject at the polls any ordinance passed by council, or submitted by council to a vote of the qualified voters, such power being known as the referendum, but such power shall not extend to the budget, capital program, granting of franchises, or ordinance relating to appropriation of money or levying of taxes, or the preservation of public peace, health, or safety under emergency conditions. Ordinances submitted to council by initiative petition and passed by council without change shall be subject to the referendum in the same manner as the other ordinances. 6.03(a)(1) Substitute the current language with Text. Initiative petition signature pages shall contain the full caption of the proposed ordinance. The full text of the proposed ordinance shall be attached to the petition signature pages in order that it may be inspected before the petition is signed. 6.03(a)(2)(a) Strike in ink or indelible pencil. 6.03(a)(2)(b) Substitute the current text with The petition shall be signed by a minimum of five hundred (500) registered voters of the city. 6.03(a)(3) Strike this item. 6.03(a)(4)-6.03(b)(3)(a) No changes recommended. 6.03(b)(3)(b) Strike electors and insert voters. 6.03(b)(3)(c)-6.05 No changes recommended. 6.06 Strike electors and insert voters. 6.07 No changes recommended. 6.08(a) Add For the recall of a district councilperson, the voter filing the affidavit must reside in that district. 6.08(b) No changes recommended. 6.08(c)(1) Substitute the current item with For the recall of the Mayor or a Councilperson elected at large, the petition must be signed by a minimum of one thousand (1,000) registered voters of the city. For the recall of a district councilperson, the petition must be signed by a minimum of two hundred fifty (250) registered 6.08(c)(2)-6.09(c) No changes recommended. 6.10 Strike the current title and substitute the current language with Should city council fail or refuse to order any of the elections as provided for in this article, when all the requirements for such election have been complied with by the petitioning voters in conformity with this article of the Charter, then judicial relief may be sought with the appropriate court for issuance of a writ of mandamus to compel compliance with the provisions of this article. Article VII No changes were recommended in Article VII. Article VIII 8.01 - Substitute the current text with The public records of the City shall be available to the public subject to the procedures and applicable exceptions established in the Texas Public Information Act. The City Council may adopt regulations for the enforcement of this provision, as necessary. 8.02(a) Substitute the current language with All members of the City Council, and all officers and employees of the City, having a financial interest in any contract or sale to the city of land, material, supplies or services shall be subject to and shall comply with applicable state law governing conflicts of interest, including but not limited to Texas Local Government Code Chapters 171 and 176. The City Council may adopt regulations for the enforcement of this provision, as necessary. 8.02(b) No changes recommended. 8.02(c) Substitute the current language with No person related, within the second degree by affinity or within the third degree by consanguinity, to the mayor or any councilperson or to the city manager, shall be employed in any office, position or clerkship of the city. This prohibition shall not apply to or prevent the appointment, voting for, or confirmation of any person who shall have been continuously employed in any office, position, or clerkship for the following period prior to the election or appointment, as applicable, of the city council member or city manager related to such employee in the prohibited degree: 1) at least 30 days, if related to the city manager; or 2) at least six months, if related to a member of city council. 8.02(d) Substitute the current language with Council may by general ordinance require bonds of any municipal officers and employees who receive or pay out any monies of the city. The amount of such bonds shall be determined by council and the cost thereof borne by the city. 8.02(e-g) No changes recommended. 8.02(h) Strike who has been employed by the city for twenty (20) years and who shall have reached the age of fifty-five (55). 8.03-8.05 No changes recommended. 8.06(a) Substitute the current text of the first two paragraphs with This Charter shall be the subject of a mandatory review at least every ten (10) years. Amendments to the Charter may be proposed and submitted to the qualified voters of the City in the manner provided in state law. 8.06(b)-8.10(b)/end matter No changes recommended. 1 City Charter First adopted by the citizens of La Porteon March 22, 1949 Updated by election on May 21, 1980 Most recent amendment by election on May 5, 2018 The City of La Porte was incorporated on August 10, 1892. 2 CONTENTS (will be updated following election, if held) 3 CHARTER 4 ARTICLE I. -INCORPORATION; CITY POWERS 5 ARTICLE II. - CITY COUNCIL 6 ARTICLE III. ADMINISTRATION 7 ARTICLE IV. BUDGET 8 ARTICLE V. - FINANCE ADMINISTRATION 9 ARTICLE VI. - INITIATIVE, REFERENDUM AND RECALL 10 ARTICLE VII. - FRANCHISES AND PUBLIC UTILITIES 11 ARTICLE VIII. - GENERAL PROVISIONS 12 13 CHARTER COMPARATIVE TABLE 14 Editor's notePrinted herein is the Charter of the City of La Porte, Texas, as adopted by 15 ordinance number 1216, § 1 on May 21, 1980, and adopted by referendum on August 9, 1980. 16 Amendments to the Charter are indicated by parenthetical history notes following amended 17 provisions. The absence of a history note indicates that the provision remains unchanged from 18 the original Charter. Obvious misspellings have been corrected without notation. For stylistic 19 purposes, a uniform system of headings, catchlines and citations to state statutes has been used. 20 Additions made for clarity are indicated by brackets. 21 22 Editor's noteA special \[election\] held May 11, 2013, adopted amendments to §§ 1.03, 1.05, 23 1.06, 2.012.11, 3.023.05, 4.01, 4.03, 5.015.03, 5.05, 5.07, 6.016.03, 6.05, 6.08, 7.01, 24 8.01, 8.02, 8.06 of the Charter as set forth in Ord. No. 2013-3482, §§ 425, adopted May 14, 25 2013. 26 State Law referenceHome Rule, V.T.C.A., Local Government Code § 9.001 et seq. 27 28 ARTICLE I. - INCORPORATION; CITY POWERS 29 30 1.01. - Incorporation. 31 The inhabitants of the City of La Porte within the boundaries as now established or as 32 hereafter established in the manner provided by law shall continue to be a body politic and 33 corporate and be known by the name of the City of La Porte. 34 35 1.02. - City boundaries. 36 The boundaries and limits of the city shall be the same as have heretofore been established 37 and now exist, which boundaries and limits were originally shown on the map recorded in Volume 38 8, Page 16, Map Records of Harris County, Texas, and as modified by subsequent annexations 39 and disannexations. 40 State Law referenceMap of municipal boundaries, V.T.C.A., Local Government Code § 41.001. 41 42 1.03. - Modification of city boundaries. 43 The city council shall have power by ordinance to fix the boundary limits of the city and to 44 provide by ordinance for the extension of said boundary limits, by the annexation of additional 45 territory lying adjacent to the city, the disannexation of territory within the city, and the exchange 46 of territory with other cities and towns, in accordance with the laws and Constitution of the State 47 of Texas. Any area of the City may be disannexed pursuant to rules and procedures established 48 under state law and whenever, in the opinion of the City Council, there exists within the 49 corporate limits of the City a territory not suitable or necessary for City purposes. The City Council 50 may discontinue said territory as part of the City by ordinance after conducting a public hearing 51 on the matter.The city council shall have power by ordinance to fix the boundary limits of the city 52 and to provide by ordinance for the extension of said boundary limits, by the annexation of 53 additional territory lying adjacent to the city, the disannexation of territory within the city and 54 the exchange of territory with other cities and towns, all with or without the consent of the 55 inhabitants in such territory or the owners thereof; provided that the foregoing powers shall be 56 exercised by the council in a manner consistent with, and the council shall comply with, the 57 procedural rules, requirements and limitations prescribed by any law applicable to cities 58 operating under charters adopted or amended pursuant to Article XI, Section 5 of the 59 Constitution of the State of Texas, otherwise known as home rule cities, including V.T.C.A., Local 60 Government Code §§ 42.001 et seq., §§ 43.001 et seq. (Municipal Annexation Act). 61 62 The following methods of annexation may be used: 63 (a) Petition. The residents of any land contiguous and adjacent to the city may request the 64 annexation of such land. Such request shall be made by a petition in writing which is 65 signed by a majority of the residents of such land, addressed to city council and filed 66 with the city secretary. City council shall hear the petition and any arguments for or 67 against it and shall accept or refuse the petition as council sees fit, as prescribed by state 68 law. If the petition is accepted, council shall by proper ordinance annex such land. 69 70 (b) Otherwise. The city may annex territory by use of any of the means provided in V.T.C.A., 71 Local Government Code § 43.021 et seq. (Municipal Annexation Act). 72 (Ord. No. 2013-3482, §§ 4, 5, 5-14-13) 73 State Law referenceAnnexations, V.T.C.A., Local Government Code § 43.021 et seq. 74 75 1.04. - Form of government. 76 The governing body of the city shall be a council composed of the mayor and eight (8) 77 councilpersons, to be known as the city council of the City of La Porte, hereinafter called city 78 council. The members of city council shall be elected from the city in the manner prescribed 79 elsewhere in this Charter. 80 State Law reference Form of government in home rule cities, V.T.C.A., Local Government Code 81 § 26.001 et seq. 82 83 1.05. - Powers of the city. 84 a. Generally. The city shall have all the powers granted to municipal corporations and to cities 85 by the Constitution and laws of the State of Texas together with all the implied powers 86 necessary to carry into execution the powers granted. The city may acquire property within 87 or without its corporate limits for any city purpose in fee-simple title or any lesser interest 88 or estate by purchase, gift, devise, lease or condemnation and may sell, lease, exchange, 89 mortgage, hold, manage and control such property as its interest may require; and, except 90 as prohibited by the Constitution of this state or restricted by the Charter, the city may 91 exercise all municipal powers, functions, rights, privileges and immunities of every name and 92 nature whatsoever. The city may use a corporate seal; may sue and be sued; may contract; 93 may implead and be impleaded in all courts concerning all matters; may cooperate with the 94 government of the United States and of the State of Texas or any agency or political 95 subdivision thereof to accomplish any lawful purpose; and may pass such ordinances as may 96 be expedient for maintaining the city's peace and welfare and for the performance of its 97 functions. 98 99 b. Enumerated powers. Without limitation of the foregoing powers, the following are 100 enumerated for greater certainty: 101 1. Eminent domain. The city shall have the full power and right to exercise the power of 102 eminent domain when necessary or desirable to carry out any of the powers conferred 103 upon it by this Charter or by the Constitution and laws of the State of Texas. This power 104 shall include the power to acquire any public utility operating with or without a franchise 105 and furnishing a public service. The city may exercise its condemnation power in any 106 manner authorized or permitted by the constitution and laws of this state. The power 107 of eminent domain hereby conferred shall include the right of the city to take fee-simple 108 title in land so condemned and such power and authority shall include the right to 109 condemn property for such purposes. The city shall have and possess the power of 110 condemnation for any municipal or public purposes even though not specifically 111 enumerated in this Charter. 112 113 2. Streets. 114 (a) Powers.The city shall have the power to lay out, establish, open, alter, widen, 115 lower, extend, grade, abandon, discontinue, abolish, close, care for, pave, 116 supervise, maintain and improve streets, alleys, sidewalks, parks, squares, public 117 places and bridges; and regulate the use thereof and require the removal from 118 streets, sidewalks, alleys and other public property or places of all obstructions and 119 all vendors, showcases and encroachments of every nature or character upon any 120 of said streets and sidewalks. 121 (b) Improvements. The city shall have exclusive dominion, control and jurisdiction in, 122 upon and over and under the public streets, avenues, alleys and highways of the 123 city, and may provide for the improvement thereof of paving, repaving, raising, 124 draining or otherwise. The provisions of V.T.C.A., Transportation Code § 313.001, et 125 seq., are expressly adopted and made a part of this Charter. Such exclusive 126 dominion, control and jurisdiction in, upon, over and under the public streets, 127 avenues, alleys and highways of the city shall also include, but not be limited to, the 128 right to regulate, locate, relocate, remove, or prohibit the location of all utility pipes, 129 lines, wires or other property. 130 131 3. Sanitary sewer system. The city shall have the power to provide for a sanitary sewer 132 system and to require property owners to connect their premises with such sewer 133 system, to provide for fixing penalties for failure to make sanitary sewer connections; 134 and shall further have the right to fix charges and compensation to be charged by the 135 city for sewerage service, providing rules and regulations for the collection thereof, and 136 to provide for rendering a lien against any property owner's premises who fails or refuses 137 to make sanitary sewer connections after due notice and to charge a cost against said 138 owner and make it a personal liability. 139 140 4. Garbage disposal. City council shall by ordinance adopt and prescribe rules and 141 regulations for the handling and disposition of all garbage, trash and rubbish other waste 142 within the city and shall fix charges and compensation to be charged by the city for the 143 removal of garbage, trash and rubbish, providing rules and regulations of the collection 144 thereof. 145 146 5. Nuisances, etc. The city shall have the power to define all nuisances and prohibit the 147 same within the city and outside the city limits for a distance of five thousand (5,000) 148 feet; have power to police all parks or grounds, speedways, or boulevards owned by said 149 city and lying outside of said city, to prohibit the pollution of any stream, drain or 150 tributaries thereof, which may constitute the source of water supply of any city and to 151 provide for policing the same as well as to provide for the protection of any watersheds 152 and the policing of same, to inspect dairies, slaughter pens, and slaughterhouses inside 153 and outside the limits of the city, from which meat or milk is furnished to the inhabitants 154 of the city. 155 156 c. General powers adopted. The enumeration of the particular powers in this Charter shall not 157 be held or deemed to be exclusive but in addition to the powers enumerated herein or 158 implied hereby or appropriate to the exercise of such powers; the city shall have and may 159 exercise all power of local self-government and all other powers which, under the 160 Constitution and laws of the State of Texas, it would be competent for this Charter 161 specifically to enumerate. The city shall have and may exercise all the powers enumerated 162 in V.T.C.A., Health and Safety Code § 122.006; V.T.C.A., Local Government Code §§ 26.021, 163 26.041, 43.021, 43.142, 51.072, 51.07451.077, 54.004, 101.022, 101.023, 141.044, 164 211.003, 211.005, 211.013, 214.001, 214.013, 214.901, 215.072215.075, 216.901, 165 217.042, 251.001, 341.003, 341.903, 342.011, 342.012, 401.002, 402.002, 402.017; V.T.C.A., 166 Tax Code §§ 302.001, 302.002, 302.102; V.T.C.A., Transportation Code §§ 311.001, 311.004, 167 311.005, 311.007, 311.091311.094, 311.904; and Vernon's Ann. Civ. St. art. 1175. 168 (Ord. No. 2013-3482, § 4, 5-14-13) 169 170 1.06. - Special provisions for damage suits. 171 Before the city shall be liable to damage claim or suit for personal injury or death or damage 172 to property, the person who is injured or whose property is damaged or someone in his or her 173 behalf or his or her personal representative in cases of death shall give the city secretary notice 174 in writing within one hundred eighty (180) days after the occurring of the alleged injury, death or 175 damage stating specifically in such notice when, where and how the injury, death or damage was 176 sustained and setting forth the extent of the injury or damage as accurately as possible, and giving 177 the names and addresses of all witnesses upon whose testimony such person is relying to 178 establish the injury, death or damage. No action at law for damage shall be brought against the 179 city for personal injury, death or damage to property prior to the expiration of sixty (60) days 180 after the notice hereinabove described has been filed with the city secretary. After the expiration 181 of sixty (60) days aforementioned, the complainant may then have two (2) years in which to bring 182 an action of law. 183 (Ord. No. 2013-3482, § 6, 5-14-13) 184 State Law referenceTort claims, notice, V.T.C.A., Civil Practices and Remedies Code §101.101. 185 186 ARTICLE II. - CITY COUNCIL 187 188 State Law referenceForm of government, V.T.C.A., Local Government Code § 26.001 et seq. 189 190 2.01. - Composition of city council. 191 a.Members of council.City council shall be composed of a mayor and eight (8) councilpersons. 192 The positions of councilpersons shall be designated as follows: 193 CouncilpersonDistrict 1 194 CouncilpersonDistrict 2 195 CouncilpersonDistrict 3 196 CouncilpersonDistrict 4 197 CouncilpersonDistrict 5 198 CouncilpersonDistrict 6 199 Councilperson-at-largePosition A 200 Councilperson-at-largePosition B. 201 202 The mayor and the two (2) councilpersons-at-large shall be elected by a majority vote of the 203 city at large. The city shall be divided, as described below in subsection b, into six (6) districts, 204 Districts 1, 2, 3, 4, 5 and 6, and one councilperson shall be elected from each district by majority 205 vote of the resident voters of such district. 206 207 b. Formation of districts. City council shall divide the city into six (6) districts which are 208 reasonably compact, contiguous and of as nearly equal population as practicable. 209 210 It shall be the duty of city council to establish the boundaries of six (6) districts covering the Formatted: Justified 211 entire city for the purpose of electing district councilpersons. Such boundaries shall be 212 established by ordinance, which shall be final for purposes of this Charter. The first such 213 establishment shall be made as soon as practicable prior to the first city election following 214 adoption of this section. Any subsequent establishment shall be made when required by this 215 Charter. 216 217 Promptly following the addition of territory to the city by a boundary change, the city council 218 shall, by ordinance, add such territory to an adjacent district or districts. 219 220 Following the publication of the decennial federal census, city council shall conduct an 221 investigation and determine the population of the city and the population of each of the 222 districts from which district councilpersons are to be elected. Each such determination shall 223 be based upon the best available data, including, but not limited to, the most recent federal 224 census. Each such determination shall be expressed in an ordinance, which shall be a final 225 determination for purposes of this Charter. 226 227 After any such determination, if the distribution of population among the various districts is 228 determined by city council to be materially unbalanced, the city council shall establish new 229 boundaries for the election of district councilpersons. 230 231 c. Election. All candidates for city council shall be voted on and elected separately for positions 232 and districts on said city council, and each candidate shall be designated on the official ballot 233 according to the title of such position or district to which heor sheseeks election. 234 235 Any candidate for office receiving a majority of all the votes cast for the office for which he 236 or she is a candidate shall be elected to such office. Candidates in a runoff election are the 237 candidates who receive the highest and second highest number of votes in the main election 238 or who tie for the highest number of votes. In the event any candidate for any office fails to 239 receive a majority of votes cast for all the candidates for such office, the city council shall call 240 a run-off election to be held in accordance with state law. Tie votes shall be resolved in 241 accordance with state law. 242 243 d. Term of office. The mayor and councilpersons shall each hold their respective offices for a 244 term of three (3) years and until their successors shall have been elected and duly qualified. 245 (Ord. No. 2013-3482, § 7, 5-14-13) 246 247 2.02. - Qualifications. 248 a. Enumerated. The mayor and councilpersons shall have been qualified voterresidents of the 249 city for twelve (12) months immediately preceding election day, and continuously during 250 their term of office. A district councilperson shall also be a resident of his or her district for 251 twelve (12) months immediately preceding election day and continuously during his or her 252 term of office.In addition thereto, each candidate for public office must be a qualified voter 253 of the city, must file a sworn application with the city secretary in accordance with state law, 254 and file for only one city office. 255 256 b. Council to be judge of members' qualifications. City council shall be the judge of the election 257 and qualifications of its members and for such purpose shall have power to subpoena 258 witnesses and require the production of records, but the decision of council in any such case 259 shall be subject to review by the courts. If a member of the Council is charged with any 260 grounds for forfeiture and/or removal of office under this Charter, a hearing shall be set not 261 less than ten (10) days nor more than thirty (30) days from the date on which the written 262 charges are presented at a meeting of the city council. A written charge must be sworn, and 263 is eligible to be filed only by three (3) members of the city council. At such hearing, the 264 accused shall have the right to present evidence in his or her defense, but he or she shall be 265 disqualified from voting as to his or her innocence or guilt. At the conclusion of the evidence, 266 a vote shall be taken, and upon an affirmative vote of five (5) or more members of the city 267 council, the accused member shall be removed from office and his or her seat declared 268 vacant. 269 (Ord. No. 2018-3706, § 7, 5-5-18) 270 271 2.03. - Conduct of elections. 272 a. Regulations. All city elections shall be governed by the laws of the State of Texas. In the event 273 there should be any failure of the general laws or this Charter to provide for some feature of 274 the city elections, city council shall have the power to provide for such deficiency, making all 275 regulations it considers desirable, not inconsistent with the laws of the State of Texas, for 276 the prevention of fraud in such elections and for the recount of ballots in case of doubt or 277 fraud. 278 279 Municipal elections shall be conducted by the appointed election authorities, who shall also 280 have power to make such regulations not inconsistent with this Charter, with any regulations 281 made by council or the laws of the State of Texas. 282 283 No informalities in conducting a city election shall invalidate the same, if it be conducted 284 fairly and in substantial compliance with the general laws, where applicable, and the Charter 285 and ordinances of the city. 286 287 b. Official ballots. Official ballots shall be prepared in accordance with state law. 288 289 c. Canvassing elections. Election returns shall be canvassed in accordance with state law. 290 291 bd. Schedule. 292 1. Regular election. The regular election for choice of members of council shall be held 293 annually on a uniform election date as determined by state law and as ordered by city 294 council. 295 296 2. Special election. Council may by ordinance or resolution order a special election, fix the 297 time for holding same and provide necessary means. 298 (Ord. No. 2013-3482, § 7, 5-14-13) 299 State Law referenceUniform election dates, V.T.C.A., Election Code § 41.001. 300 301 302 303 2.04. - Vacancies in city council. 304 a.2.04 Vacancies, forfeiture, and resignation Formatted: Font: Not Italic 305 (a) Vacancies. The Office of a Councilmember or of the Mayor shall become vacant upon 306 his or her death, resignation, forfeiture of his or her office, or removal from office. Formatted: Font: Not Italic Formatted: Font: Not Italic 307 (b) Forfeiture of office. A Councilmember or the Mayor shall forfeit his or her office if he Formatted: Font: Not Italic 308 or she: Formatted: Font: Not Italic 309 (1) Lacks at any time during his or her term of office any qualification for the office Formatted: Font: Not Italic 310 prescribed by this Charter or by law; 311 (2) Willfully violates any express prohibition of this Charter; 312 (3) Is convicted of a crime involving moral turpitude; or 313 (4) Fails to attend three consecutive regular Council meetings without being excused 314 by the Council. 315 (c) Resignation. The Mayor of a member of City Council may resign by submitting a 316 statement in writing to the City Secretary. If the mayor or any councilperson shall 317 announce his or her candidacy, or shall in fact become a candidate, in any general, Formatted: Font: Not Italic 318 special or primary election for any office of profit or trust under this Charter or the laws 319 of Texas or the United States, other than the office he or she has held, at any time Formatted: Font: Not Italic 320 when the unexpired term of the office then held shall exceed one year and thirty (30) 321 days, such announcement or such candidacy shall constitute an automatic resignation 322 of the office then held. 323 (d) Filling vacancies. When a vacancy shall develop, the City Council shall provide for the 324 filling of such vacancy by calling a special election to be held within 120 days, in the 325 manner provided by law; provided, however, that if the remainder of the unexpired 326 term of the vacated office is twelve (12) months or less at the time the vacancy occurs, 327 the City Council is authorized to fill the unexpired term by appointment, upon an 328 affirmative vote of five (5) or more members of City Council. 329 Candidacy elsewhere. If the mayor or any councilperson shall announce his candidacy, or 330 shall in fact become a candidate, in any general, special or primary election for any office of 331 profit or trust under this Charter or the laws of Texas or the United States, other than the 332 office he has held, at any time when the unexpired term of the office then held shall exceed 333 one year and thirty (30) days, such announcement or such candidacy shall constitute an 334 automatic resignation of the office then held. 335 336 b. Procedure. When a vacancy occurs for any reason in the office of mayor or councilperson, 337 council shall call a special election within one hundred twenty (120) days. At said election 338 the vacant office or offices shall be filled under the provisions of this Charter. 339 340 c. Filing for office. Each candidate for public office must: 341 1. Have been a resident of the City of La Porte for at least twelve (12) months immediately 342 preceding filing for office, and be a qualified voter in the city. 343 2. File sworn application with the city secretary in accordance with state law. 344 3. File for only one city office. Commented \[WL1\]: Moved to add to 2.02.a. 345 346 d. Official ballots. Official ballots shall be prepared in accordance with state law. 347 348 e. Canvassing elections. Election returns shall be canvassed in accordance with state law. Commented \[WL2\]: Moved to insert between current 2.03.a. and b., to become 2.03.b. and c. 349 (Ord. No. 2013-3482, § 6, 5-14-13) 350 351 2.05. - Compensation. 352 Each councilperson and the mayor shall receive for his or her services a salary in an amount 353 determined by the council, not to exceed the sum of forty-eight hundred dollars ($4,800.00) per 354 year for the mayor, and twenty-four hundred dollars ($2,400.00) per year for each councilperson. 355 (Ord. No. 2013-3482, § 8, 5-14-13) 356 357 2.06. - First meeting of council after canvass. 358 As soon as practicable after each City election and in accordance with state law, the city 359 council shall meet and newly elected members of the city council shall qualify and assume the 360 duties of office.On the first Monday next following the canvassing of an election, or as soon 361 thereafter as practicable, city council shall meet at the usual place for holding meetings, and the 362 newly elected members shall qualify and assume the duties of office. 363 (Ord. No. 2013-3482, § 9, 5-14-13) 364 365 2.07. - Meetings. 366 a. Frequency. City council shall meet regularly at such times as may be prescribed by its rules 367 but not less frequently than once each month. All meetings of council shall be open to the 368 public except as allowed by state law; special meetings shall be called by the Mayor, the City 369 Manager, or at the written request of any three (3) members of the City Council.city 370 secretary upon request of the mayor or three (3) councilpersons. 371 372 b. Rules. City council shall determine its own rules and order of business. 373 374 c. Minutes. Minutes of all open meetings of the council shall be recorded as a public record. 375 (Ord. No. 2013-3482, § 10, 5-14-13) 376 State Law referencePublic meetings, V.T.C.A., Government Code § 551.001 et seq. 377 378 2.08. - Duties of mayor and mayor pro tem. 379 The mayor shall preside at meetings of council and shall be entitled to vote upon all matters 380 it considers. The mayor shall exercise such other powers and perform such other duties as are or 381 may be conferred and imposed upon him or her by this Charter and the ordinances of the city. 382 Heor she shall be recognized as the head of the city government for all ceremonial purposes, by 383 the courts for civil process, and by the government for purposes of military law. In times of public 384 danger or emergency, the mayor shall take command of the police, maintain order and enforce 385 the law. 386 387 A mayor pro tem shall be a council member and be elected by the council at the first meeting 388 of council after canvassing the general and any run-off election, who shall serve for a one-year 389 term or until his or her successor is appointed and has qualified. If a vacancy occurs in the office 390 of mayor or in the case of his or her absence or disability, the mayor pro tem shall act as mayor 391 until a successor is elected and has qualified or until the mayor is again able to assume his or her 392 duties of office. 393 (Ord. No. 2013-3482, § 11, 5-14-13) 394 395 2.09. - Powers of council. 396 All powers of the city and the determination of all matters of policy shall be vested in city 397 council. Council shall execute the laws and administer the government of the city. Without 398 limitation of the foregoing and among the other powers that may be exercised by council, the 399 following are hereby enumerated for greater certainty: 400 401 a. Adopt budget of the city. 402 403 b. Authorize the issuance of bonds by a bond ordinance. 404 405 c. Inquire into the conduct of any office, department, agency or officer of the city and 406 make investigations as to municipal affairs, and for that purpose may subpoena 407 witnesses, administer oaths, and compel the production of books, papers and other 408 evidence. Failure to obey such subpoena or to produce books, papers or other evidence 409 as ordered under the provisions of this section shall constitute a misdemeanor and shall 410 be punishable by fine. Council shall enact an ordinance to enforce this provision. 411 412 d. Establish and appoint the members of the planning and zoning commission. 413 414 e. Adopt plats. 415 416 f.Adopt and modify the official map of the city. 417 418 g. Adopt, modify and carry out plans proposed by the planning and zoning commission for 419 the clearance and rehabilitation of blighted areas. 420 421 h. Adopt, modify and carry out plans proposed by the planning and zoning commission for 422 the replanning, improvement and redevelopment of neighborhoods and for the 423 replanning, reconstruction or redevelopment of any area or district which may have 424 been destroyed in whole or in part by disaster. 425 426 i.Provide for the establishment and designation of fire limits and to prescribe the kind 427 and character of buildings or structures or improvements to be erected therein, and to 428 provide for the erection of fireproof buildings within certain limits, and to provide for 429 the condemnation of dangerous structures or buildings or dilapidated buildings 430 calculated to increase the fire hazard and the manner of their removal or destruction. 431 432 j. Approve assessment certified appraisal rolls as returned to it by the appraisal district 433 and adopt same as the assessment certified appraisal rolls to be used for the collection 434 of taxes for the current year. 435 436 k. Control and distribute all contingent appropriations. Expenditures from a contingent 437 appropriation shall require prior approval of council. A contingent appropriation shall 438 be disbursed only by transfer to a departmental appropriation, the spending of which 439 shall be charged to the department or activity for which the appropriation is made. 440 441 l.Neither the Council nor any of its committees or members shall direct or request the 442 appointment of any person to, or his or her removal from, office by the City Manager or 443 any of his or her subordinates; or, except as is or may be otherwise provided under the 444 terms of this Charter, in any manner take part in the appointment or removal of officers 445 and employees in the administrative service of the City. Except for the purpose of 446 inquiry, the Council and its members shall deal with the administrative service solely 447 through the Manager, and neither the Council nor any member thereof shall give orders 448 to any subordinate of the City Manager either publicly or privately. 449 (Ord. No. 2013-3482, § 12, 5-14-13) 450 451 2.10. - Additional discretionary powers. 452 In addition to the above powers and without limitation of such, city council shall have the 453 power to, and may at its discretion, do any or all of the following: 454 455 a. Public library. Council shall have the authority to establish and maintain a free public 456 library within the city and to cooperate with any person, firm, association or corporation 457 under such terms as council may prescribe for the establishment of such free public 458 library. For budget purposes, the library may be considered as a department of the city 459 and the appropriations therefor shall comply with all the budgetary requirements as 460 outlined in this Charter and as may be prescribed from time to time by council. 461 462 b. Hospital. 463 1. Operation. The city shall have the authority to acquire, establish and own, either by Formatted: list1 464 purchase, donations, bequest or otherwise, all property that may be useful or necessary 465 for the purpose of establishing and maintaining a municipal hospital. Upon 466 establishment of such hospital, council shall create a hospital board with membership 467 and compensation deemed appropriate by council, which shall operate the hospital 468 subject only to such direction and supervision as shall be contained in any ordinance or 469 ordinances enacted by council. 470 471 2. Finances. All funds belonging to said hospital, whether classed as funds received in 472 course of operation, or otherwise, shall be kept in a separate hospital fund to be used 473 only for the operation and maintenance of said hospital, except that such funds may be 474 used by the city for general operating purposes with the express consent of the hospital 475 board. 476 477 The hospital board shall submit a quarterly operating statement to council, and an annual 478 audit to coincide with the fiscal year of the city. 479 480 c. Planning and Zoning. 481 1. Power. For the purposes of promoting the health, safety, morals or general welfare 482 of the city, council may by ordinance regulate the location, height, bulk and size of 483 buildings and other structures, the size of yards, courts and other open spaces, the 484 density of population and the uses of buildings, structures and land for trade, 485 industry, business, residence and other purposes. 486 487 2. Procedure. Should council enact regulations under subsection 1. above, it shall 488 establish a zoning commission and may establish a zoning board of adjustment. 489 490 (a) Zoning commission. 491 (1) The commission shall recommend to council the location of zoning districts 492 and restrictions therein, and shall hold public meetings on such 493 recommendations. 494 (2) Commission members shall receive such compensation as council may 495 deem appropriate. 496 (3) Council may combine the duties of said commission with the duties of the 497 planning commission, as provided in section 2.09e through j, to form a 498 planning and zoning commission. 499 500 (b) Zoning board of adjustment. 501 (1) The zoning board of adjustment may, in appropriate cases and subject to 502 appropriate conditions and safeguards, make special exceptions to the 503 terms of a zoning ordinance in harmony with its general purpose and 504 intent and in accordance with general or specific rules therein contained. 505 (2) Board members shall receive such compensation as council may deem 506 appropriate. 507 3. Generally. All of the powers granted by V.T.C.A., Local Government Code § 211.001 508 et seq., inclusive, relating to zoning in cities, are hereby adopted and made a part 509 of this Charter. 510 511 d. Housing authority. Council may create a housing authority of such number, terms and 512 compensation of members as council may determine and may delegate to the housing 513 authority such powers relating to the planning, construction, reconstruction, alteration, 514 repair, maintenance or operation of housing projects and housing accommodations as 515 council may determine. 516 (Ord. No. 2013-3482, § 4, 12, 5-14-13) 517 518 2.11. - Ordinances. 519 a. Passage. 520 1. Procedure.Every ordinance shall be introduced in written or printed form, and, upon 521 passage, shall take effect at the time indicated therein; provided that any ordinance 522 imposing a penalty, fine or forfeiture for a violation of its provisions shall become 523 effective not less than ten (10) days from the date of its passage. The city secretary shall 524 give notice of the passage of every ordinance imposing a penalty, fine or forfeiture for 525 a violation of the provisions thereof, by causing the caption or title, including the 526 penalty, of any such ordinance to be published in the official newspaper in the city at 527 least once within ten (10) days of its passage according to the provisions of state law. 528 He or she shall note on every ordinance, the caption of which is hereby required to be 529 published, and on the record thereof, the fact that same has been published as required 530 by the Charter, and the date of such publication and promulgation of such ordinance; 531 provided, that the provisions of this section shall not apply to the correction, 532 amendment, revision and modification of the ordinances of the city for publication in 533 book or pamphlet form. Except as otherwise provided in Article VII of this Charter, it 534 shall not be necessary to the validity of any ordinance that it shall be read more than 535 one time or considered at more than one session of city council. Every ordinance shall 536 be authenticated by the signature of the mayor and city secretary and shall be 537 systematically recorded in an ordinance book in a manner approved by council. It shall 538 only be necessary to record the caption or title of ordinances in the official minutes of 539 council meetings. 540 541 2. Codifications. Council shall have power to cause the ordinances of the city to be 542 corrected, amended, revised, codified and printed in code form as often as council 543 deems advisable. Such printed code, when adopted by council, shall be in full force and 544 effect without the necessity of publishing the same or any part thereof in a newspaper 545 and shall be admitted in evidence in all courts and places without further proof. 546 547 b. Enacting clause. The enacting clause of all ordinances shall be "BE IT ORDAINED BY THE CITY 548 COUNCIL OF THE CITY OF LA PORTE." 549 (Ord. No. 2013-3482, § 13, 5-14-13) 550 551 ARTICLE III. - ADMINISTRATION 552 553 3.01. - City manager. 554 a. Appointment and qualifications. City council shall appoint a city manager, who shall be 555 chosen solely on the basis of his or her executive and administrative training, experience and 556 ability. No member of city council shall, during the term for which he or she is elected and 557 for one year thereafter, be appointed city manager. 558 559 b. Term and salary. The city manager may be appointed and removed at the will and pleasure 560 of city council by a vote of the majority of the entire city council. The action of city council in 561 suspending or removing the city manager shall be final, it being the intention of this Charter 562 to vest all authority and fix all responsibility of such action in city council. Council shall set a 563 salary for the city manager as it deems appropriate. 564 565 c. Duties. Except as provided elsewhere in this Charter, the city manager shall be the chief 566 executive officer and head of the administrative branch of the city government. He or she 567 shall be responsible to the council for the proper administration of all affairs of the city and 568 to that end he or she shall have power and be required to: 569 1. Devote all his or her working time and attention to the affairs of the city. 570 2. Appoint and, when necessary for the good of the city, remove all city officers and 571 employees except those for which this Charter provides otherwise. He or she may 572 authorize the head of a department to appoint and remove subordinates in such 573 department. 574 3.Prepare the budget annually, submit it to council and be responsible for its 575 administration after adoption. 576 4. Prepare and submit to council, as of the end of the fiscal year, a complete report on the 577 finances and administrative activities of the city for the preceding year. 578 5. Keep council advised of the financial condition and future needs of the city and make 579 such recommendations as may seem to him or her desirable. 580 6. Perform such other duties as may be prescribed by this Charter or required of him or 581 her by the council, not inconsistent with this Charter. 582 583 d. Provisions for absence.Within thirty (30) days after taking office, the city manager shall 584 designate by letter filed with the city secretary a qualified administrative officer of the city 585 to perform his or her duties during his or her temporary absence or disability. Upon receipt 586 of said letter, the city secretary shall advise council of its contents. Said letter shall be in force 587 and effect for the duration of the city manager's employ or until he or she files another such 588 letter. In the event of failure of the Manager to make such designation, the Council may by 589 resolution appoint an officer of the City to perform the duties of the City Manager until the 590 City Manager returns or his or her disability shall cease. 591 592 3.02. - Administrative departments. 593 a. Creation. There are hereby created the following administrative departments: Finance, 594 police, fire, law, public works, health, parks and recreation, planning, and water and sewer. 595 596 Council may by ordinance create or abolish offices, departments or agencies other than the 597 offices, departments or agencies established by this Charter. 598 599 b. Consolidation. Council may consolidate or redesignate any of the offices, departments and 600 agencies. 601 602 c. Directors. The city manager shall appoint a director to supervise and control each 603 department. When necessary for the good of the city, the city manager may remove any 604 such director. Such director shall be an officer of the city and shall have supervision and 605 control of his or her department, subject to the supervision of the city manager. Two (2) or 606 more departments may be headed by the same individual, and directors of departments may 607 also serve as chiefs of divisions. The city manager may head one or more departments. 608 609 d. Divisions. The work of each administrative department may be distributed among divisions. 610 (Ord. No. 2013-3482, § 14, 5-14-13) 611 612 3.03. - City secretary. 613 City council shall appoint a city secretary. The city secretary shall be appointed and removed 614 at the will and pleasure of city council by a vote of the majority of the entire city council. The city 615 secretary shall be provided space in the City Hall sufficient to maintain the records entrusted to 616 the care of the city secretary, and shall be entitled to a seat at the council table at all official 617 meetings. The city secretary shall: 618 619 a. Give notice of council meetings. 620 621 b. Authenticate by his or her signature and record in full in a book kept and indexed for the 622 purpose all ordinances and resolutions. 623 624 c. Be the custodian of all municipal records. Recommend to the council rules and 625 regulations to be adopted by ordinances to protect the safety and security of all 626 municipal records. 627 628 d. Hold and maintain the City Seal and affix to all instruments requiring such seal. 629 630 e. Administer oaths in any matter pertaining to municipal affairs and in accordance with 631 state law. 632 633 f.The council shall set the compensation of the city secretary. 634 635 g. Perform such other duties as may be assigned by council, state law or elsewhere in this 636 Charter. 637 (Ord. No. 2013-3482, § 15, 5-14-13) 638 639 3.04. - Municipal court. 640 641 a. Establishment. There shall be established and maintained a municipal court with all powers 642 and duties as are now, or may hereafter be, prescribed by the laws of the State of Texas for 643 municipal courts. 644 645 b. Municipal judge. City council shall appoint a competent attorney, duly licensed by the State 646 of Texas, to be judge of the municipal court. The municipal judge shall be appointed and 647 removed at the will and pleasure of city council by a vote of the majority of the entire city 648 council. He or she shall serve at the pleasure of council and shall receive compensation as 649 may be fixed by council. 650 651 c. Alternate municipal judge. Council shall have the power to create and appoint additional 652 judges as provided by law. 653 654 d. Court clerk. Subject to the approval of the municipal judge, the city manager shall appoint a 655 municipal court clerk and deputy clerks. Said clerk or clerks shall have the power to 656 administer oaths and affidavits, make certificates, affix the seal of said court thereto and 657 generally do and perform any and all acts usual and necessary by clerks of court in conducting 658 the business thereof. 659 660 e. Costs and fines. All costs and fines imposed by the municipal court, or any court in cases 661 appealed from its judgments, less those designated for the State of Texas, shall be paid into 662 the city treasury for the use and benefit of the city. 663 (Ord. No. 2013-3482, § 14, 5-14-13) 664 State Law referenceMunicipal court, V.T.C.A., Government Code § 29.001 et seq. 665 666 3.05. - City attorney. 667 City council shall appoint a competent attorney, duly licensed by the State of Texas, to be 668 city attorney and head of the department of law. He or she shall be appointed and removed at 669 the will and pleasure of council by a majority vote of the entire council, and shall receive 670 compensation as may be fixed by council. 671 672 The city attorney, or other attorneys selected by him or her with the approval of council, 673 shall represent the city in all litigation, provided that council may retain special counsel. He or 674 she shall be the legal advisor of, and attorney and counsel for, the city and all offices and 675 departments thereof. 676 (Ord. No. 2013-3482, § 14, 5-14-13) 677 678 ARTICLE IV. - BUDGET 679 680 State Law referenceBudgets, V.T.C.A., Local Government Code § 102.001 et seq. 681 682 4.01. - Preparation and submission of budget. 683 At least forty-five (45) days prior to the beginning of each fiscal year, the city manager shall 684 submit to council a proposed budget with required attachments. For such purpose, at such date 685 as he or she shall determine, he or she shall obtain from the head of each office, department or 686 agency estimates of revenue and expenditures of that office, department or agency, detailed by 687 organization units and character and object of expenditure, and such other supporting data as 688 he or she may request. In preparing the budget, the city manager shall review the estimates, may 689 hold hearings thereon and may revise the estimates, as he or shemay deem advisable. 690 691 a. Contents of budget. The budget shall provide a complete financial plan for the fiscal 692 year. It shall contain the following: 693 1. A consolidated statement of receipts revenues and expenditures for all funds. 694 2. An analysis of property valuations. 695 3. An analysis of tax rate. 696 4. Tax levies and tax collections by years for at least ten (10) years or for a number of 697 years for which records are available. 698 5. A detailed listing of the resources of each fund. 699 6. A summary of proposed expenditures within such funds by department, function 700 and classification. 701 7. A revenue and expense statement for all outstanding bonded debt. 702 8. A schedule of principal and interest on each issue of outstanding bonds showing 703 rate of interest, maturity dates and amount outstanding. 704 9. The appropriation ordinance. 705 10. The tax-levying ordinance. 706 707 b. Attachments to budget. 708 1. Budget message. The city manager shall prepare a budget message which shall be 709 submitted with the budget. It shall contain an outline of the proposed financial 710 policies of the city for the fiscal year and describe in connection therewith the 711 important features of the budget plan. It shall set forth the reasons for salient 712 changes from the previous years in expenditures and revenue items and shall 713 explain any major changes in financial policy. 714 715 2. Supporting schedules. Attached to the budget shall be such supporting schedules, 716 exhibits and other explanatory material, in respect to both current operations and 717 capital outlays, as the city manager shall believe useful to council. 718 719 3. Comparison tables. The city manager may prepare tables in which various items 720 may be compared with those of previous years and shall attach such to the budget. 721 (a) Anticipated revenues.In parallel columns opposite the several items of 722 revenue, there shall be placed the actual amount of such item for the first six 723 (6) months of the current year, the budgeted amount for the current fiscal year, 724 and the proposed amount for the ensuing fiscal year. 725 (b) Proposed expenditures. The proposed expenditures for the administration, 726 operation, maintenance and capital outlay of each office, department or 727 agency of the city shall be itemized by character and object. In parallel columns 728 opposite the various items of expenditures, there shall be placed the actual 729 amount of such items of expenditures for the last completed fiscal year, the 730 estimated amount for the current fiscal year and the proposed amount for the 731 ensuing fiscal year. 732 733 c. Balanced budget. The total estimated expenditures of the general fund and debt service 734 fund shall not exceed the total estimated resources of each fund (prospective income 735 plus cash on hand). The classification of revenue and expenditure accounts shall 736 conform to the uniform classification as promulgated by the Governmental Accounting 737 Standards Board and Generally Accepted Accounting Principles. 738 (Ord. No. 2013-3482, § 16, 5-14-13) 739 740 4.02. - Availability of proposed budget. 741 The proposed budget and all attachments shall be a public record in the office of the city 742 secretary, open to public inspection. The city manager shall cause sufficient copies of such to be 743 prepared for distribution to interested persons. 744 745 4.03. - Budget adoption. 746 a. Publication of notice of public hearing.At the meeting of city council at which the budget 747 and attachments are submitted, council shall determine the place and time of the public 748 hearing on the budget, and shall cause to be published a notice of the place and time, not 749 less than ten (10) days after date of publication, at which council will hold a public hearing. 750 751 b. Public hearing. At the time and place so advertised, or at any time and place to which such 752 public hearing shall from time to time be adjourned, city council shall hold a public hearing 753 on the budget as submitted, at which all interested persons shall be given an opportunity to 754 be heard, for or against the estimates or any item thereof. 755 756 c. Vote required for adoption. The budget shall be adopted by the favorable votes of at least a 757 majority of all members of the whole council. 758 759 d. Adoption. The budget shall be finally adopted not later than the last day of the fiscal year. 760 Should council take no final action on or prior to such day, the budget as submitted by the 761 city manager shall be deemed to have been finally adopted by council. 762 Upon final adoption, the budget shall be in effect for the fiscal year. 763 (Ord. No. 2013-3482, § 17, 5-14-13) 764 765 4.04. - Public record. 766 a. Filed. A copy of the budget as finally adopted shall be filed with the city secretary. 767 768 b. Availability. The final budget shall be printed, mimeographed or otherwise reproduced and 769 sufficient copies shall be made available for the use of offices, departments and agencies, 770 and for the use of interested persons and civic organizations. 771 772 4.05. - Effect of approved budget. 773 From the effective date of the budget: 774 a. The several amounts stated therein as proposed expenditures shall be and become 775 appropriated to the several objects and purposes therein named. 776 777 b. The amount stated therein as the amount to be raised by property tax shall constitute a 778 determination of the amount of the levy for the purposes of the city, in the 779 corresponding tax year. 780 781 4.06. - Fiscal year defined. 782 The fiscal year of city government shall begin on the first day of October and end on the last 783 day of September of the succeeding calendar year. Such fiscal year shall also constitute the 784 budget and accounting year. 785 State Law reference Fiscal year, authority to establish, V.T.C.A., Local Government Code § 786 101.022. 787 788 ARTICLE V. - FINANCE ADMINISTRATION 789 790 State Law referenceFinancial matters, V.T.C.A., Local Government Code § 101.001 et seq. 791 792 5.01. - Division of taxation. 793 There shall be established in the department of finance a division of taxation, the head of 794 which shall be the city tax assessor-collector. 795 796 a. Property subject to tax; method of assessment. All real and personal property within the 797 city not expressly exempted by law shall be subject to annual taxation at its true market 798 value. 799 800 Each person, partnership and corporation owning property within the limits of the city 801 shall on the first day of January render an inventory of property possessed or controlled 802 by him, her, or them to the appraisal district as set forth in the Property Tax Code. 803 804 b. Payment of taxes. 805 1. When due and payable. All taxes due the city may be paid at any time after the tax 806 rolls for the year have been completed and approved, which shall be not later than 807 October 15. Taxes shall be paid before the first day of February (or the next business 808 day if the first day of February is a Saturday, Sunday or legal holiday) following the 809 year for which the tax was levied, and all such taxes not paid prior to such date shall 810 be deemed delinquent and shall be subject to such penalty and interest as provided 811 by the Texas Property Tax Code.All taxes due the city shall be payable at the office 812 of the assessor-collector and may be paid at any time after the tax rolls for the year 813 have been completed and approved, which shall be not later than October 15. Taxes 814 shall be paid before February first following the year for which the tax was levied, 815 and all such taxes not paid prior to such date shall be deemed delinquent and shall 816 be subject to such penalty and interest as provided by the Texas Property Tax Code. 817 818 2. Tax liens. The tax levied by the city is hereby declared to be a lien, charge or 819 encumbrance upon the property upon which tax is due, which lien, charge or 820 encumbrance the city is entitled to enforce and foreclose in any court having 821 jurisdiction over the same, and the lien, charge and encumbrance on the property 822 in favor of the city, for the amount of taxes, penalties and interest due on such 823 property, is such as to give the state courts jurisdiction to enforce and foreclose said 824 lien on the property on which the taxes, penalties and interest is due, not only as 825 against any resident of this state or person whose residence is unknown, but also 826 as against nonresidents. All taxes upon real estate shall especially be a lien and a 827 charge upon the property upon which the taxes, penalties and interest are due, 828 which lien may be foreclosed in any court having jurisdiction. 829 (Ord. No. 2013-3482, § 18, 5-14-13) 830 Editor's note The references in this section to board of equalization are obsolete as city ad 831 valorem taxes are assessed and collected pursuant to V.T.C.A., Tax Code § 6.01 et seq. 832 833 5.02. - Purchase procedure. 834 All purchases made and contracts executed by the city shall be pursuant to a requisition from 835 or charged to a procurement card with the approval of the head of the office, department or 836 agency whose appropriation will be charged, and no contract or order shall be binding upon the 837 city unless and until the city manager or designee certifies that there is to the credit of such office, 838 department or agency a sufficient unencumbered appropriation and allotment balance to pay 839 for the supplies, materials, equipment, or contractual services for which the contract or order is 840 issued. All purchases made and contracts executed by the city shall be made in accordance with 841 the requirements of this charter and all applicable requirements of the Constitution and Statutes 842 of the State of Texas. All contracts for purchases or expenditures must be expressly approved in 843 advance by the council, except that the council may by ordinance confer upon the city manager, 844 general authority to contract for expenditures without further approval of the council for all 845 budgeted items the cost of which does not exceed the constitutional and statutory requirements 846 for competitive bidding. 847 (Ord. No. 1676, § 1, 2-12-90/5-5-90; Ord. No. 1699, § 1, 5-7-90; Ord. No. 1700, 5-7-90; Ord. No. 848 2013-3482, § 19, 5-14-13) 849 850 Editor's noteThe city has exercised the option under V.T.C.A., Local Government Code § 851 252.002 to have the requirements in V.T.C.A., Local Government Code § 252.021 which increased 852 the requirements for competitive sealed bids or proposals to expenditures of more than 853 $15,000.00. 854 Code cross referencePurchases and contracts, § 2-82. 855 State Law referencePurchases, V.T.C.A., Local Government Code § 252.001 et seq. 856 857 5.03. - Alterations in contracts. 858 Procedures for making change orders or alterations in contracts shall be governed by the 859 provisions established in V.T.C.A. Texas Local Government Code for municipal purchasing. 860 (Ord. No. 2013-3482, § 20, 5-14-13) 861 862 5.04. - Fees shall be paid to city. 863 All fees for city services received by any officer or employee shall belong to the city 864 government and shall be paid to the department of finance at such times as required by the 865 director of the finance department. 866 867 5.05. - Borrowing. 868 a. Negotiable notes. In any fiscal year, city council may by resolution authorize borrowing by 869 the issuance and sale of negotiable notes of the city which shall mature and be payable not 870 later than the end of the fiscal year in which the original notes have been issued. All such 871 notes may be sold at not less than par and accrued interest at private sale by the director of 872 the finance department without previous advertisement, but such sale shall be authorized 873 by council. Such notes shall be in anticipation of either of the following: 874 875 1. Property taxes. Notes authorized in anticipation of the collection of property taxes in a 876 fiscal year shall be designated "tax anticipation note for the year 877 ____________/____________/____________" (stating the fiscal year). 878 2. Other revenues.Notes authorized in anticipation of the collection or receipt of other 879 revenues shall be designated "special revenue note for the year 880____________/____________/____________" (stating the fiscal year). 881 882 b. Capital improvements. 883 1. Power and authority to incur indebtedness. The city shall have the power and authority, 884 by ordinance duly adopted, to borrow money on the credit of the city for permanent 885 public improvements and to issue its general obligation bonds, revenue bonds, 886 refunding bonds, certificates of indebtedness, notes, warrants, or other forms of 887 indebtedness pursuant to and in accordance with the present or hereinafter adopted or 888 amended general and special laws of this state applicable to home rule cities, except as 889 such power and authority is expressly limited or denied by this Charter, or any 890 amendments hereto. 891 (Ord. No. 2013-3482, § 21, 5-14-13) 892 893 5.06. - Disbursement of funds. 894 All checks, vouchers or warrants for the withdrawal of funds from the city depository shall 895 be executed in accord with the provisions of this Charter and shall be signed by the city manager 896 or his or her deputy and counter-signed by a member of city council. 897 898 5.07. - Independent audit. 899 Prior to the end of each fiscal year, council shall designate a practicing certified public 900 accountant, who is licensed by the State of Texas, to make an independent audit of accounts and 901 other evidences of financial transactions of the city government and shall submit a report to 902 council. Notice shall be given in accordance with state law, if required. Such accountant shall 903 have no personal interest, direct or indirect, in the fiscal affairs of the city government. He or she 904 shall not maintain any accounts or records of the city business, but, within specifications 905 approved by council, shall post-audit the books and documents kept by the department of 906 finance and any separate or subordinate accounts kept by any other office, department or agency 907 of the city government. The annual financial statement, including auditor's opinion on the 908 statement, shall be filed in the office of the municipal secretary within 180 days after the last day 909 of the municipality's fiscal year. The finance statement is a public record. 910 (Ord. No. 2013-3482, § 22, 5-14-13) 911 State Law referenceAudit, V.T.C.A., Local Government Code § 103.001 et seq. 912 913 5.08. - Appropriations lapse at end of year. 914 All appropriations shall lapse at the end of the budget year to the extent that they shall not 915 have been expended or lawfully encumbered. 916 917 ARTICLE VI. - INITIATIVE, REFERENDUM AND RECALL 918 919 6.01. - Power of initiative. 920 The registered voters of the city shall have power to propose ordinances to the council and, 921 if the council fails to adopt an ordinance so proposed without any change in substance, to adopt 922 or reject such ordinance at a city election, such power known as the initiative, but such power 923 shall not extend to the budget or capital program, granting of franchises, or any ordinance 924 relating to appropriation of money, levy of taxes or salaries of city officers or employees, or in 925 conflict with this Charter, or the Constitution and laws of the State of Texas.The qualified voters 926 shall have the power to propose any ordinance except an ordinance appropriating money or 927 authorizing the levy of taxes, and to adopt or reject the same at the polls, such power known as 928 the initiative. 929 (Ord. No. 2013-3482, § 23, 5-14-13) 930 931 6.02. - Power of referendum. 932 The qualified voters shall have power to approve or reject at the polls any ordinance passed 933 by council, or submitted by council to a vote of the qualified voters, such power being known as 934 the referendum, but such power shall not extend to the budget, capital program, granting of 935 franchises, or ordinance relating to appropriation of money or levying of taxes, or the 936 preservation of public peace, health, or safety under emergency conditions. Ordinances 937 submitted to council by initiative petition and passed by council without change shall be subject 938 to the referendum in the same manner as the other ordinances.The qualified voters shall have 939 power to approve or reject at the polls any ordinance passed by council, or submitted by council 940 to a vote of the qualified voters, except as provided in section 5.05, such power being known as 941 the referendum. Ordinances submitted to council by initiative petition and passed by council 942 without change shall be subject to the referendum in the same manner as the other ordinances. 943 (Ord. No. 2013-3482, § 23, 5-14-13) 944 945 6.03. - Procedure for initiative or referendum petition. 946 a. Form of petition. 947 1. Text. Initiative petition signature pages shall contain the full caption of the proposed 948 ordinance. The full text of the proposed ordinance shall be attached to the petition 949 signature pages in order that it may be inspected before the petition is signed.Initiative 950 petition papers shall contain the full text of the proposed ordinance. 951 952 2. Signatures. 953 (a) The signatures to initiative or referendum petitions need not all be appended to 954 one paper, but to each separate petition there shall be attached a statement of the 955 circulator thereof as provided by this section. Each signer of any petition paper shall 956 sign his or her name in ink or indelible pencil and shall indicate after his or her name 957 his or her place of residence by street and number, or other description sufficient 958 to identify the place. 959 (b) The petition shall be signed by a minimum of five hundred (500) registered voters 960 of the city.The petition shall be signed by qualified voters of the city equal in number 961 to at least fifty (50) percent of the number of votes cast in the last regular municipal 962 election. 963 964 3. Circulators. There shall appear on each petition the names and addresses of five (5) 965 qualified voters, who, as circulators, shall be regarded as responsible for the circulation 966 and filing of the petition. 967 968 4. Affidavit. Attached to each separate petition paper there shall be an affidavit of the 969 circulator thereof that he or she, and he or she only, personally circulated the foregoing 970 paper, that it bears a stated number of signatures, that all signatures appended thereto 971 were made in his or her presence, and that he or she believes them to be genuine 972 signatures of the persons whose names they purport to be. 973 974 b. Submission of petition. 975 1. Filing. All petition papers comprising an initiative or referendum petition shall be 976 assembled and filed with the city secretary as one instrument. 977 978 2. Examination. Within twenty (20) days after a petition is filed, the city secretary shall 979 determine whether each paper of the petition has a proper statement of the circulator 980 and whether the petition is signed by a sufficient number of qualified voters. The city 981 secretary shall declare any petition paper entirely invalid which does not have attached 982 thereto an affidavit signed by the circulator thereof. If a petition paper is found to be 983 signed by more persons than the number of signatures certified by the circulator, the 984 last signatures in excess of the number certified shall be disregarded. If a petition paper 985 is found to be signed by fewer persons than the number certified, the signatures present 986 shall be accepted unless void on other grounds. 987 988 3. Certification. 989 (a) Procedure. After completing his or her examination of the petition, the city 990 secretary shall certify the result thereof to city council at its next regular meeting. 991 If he or she shall certify that the petition is insufficient, he or she shall set forth in 992 his or her certificate the particulars in which it is defective and shall at once notify 993 the circulators of his or her findings. 994 (b) Effect. When a referendum petition or amended petition has been certified as 995 sufficient by the city secretary, the ordinance specified in the petition shall not go 996 into effect, or further action thereunder shall be suspended if it shall have gone into 997 effect, until and unless approved by the electorsvoters, as hereinafter provided. 998 999 c. Amendment of petition. An initiative or referendum petition may be amended at any time 1000 within ten (10) days after the notification of insufficiency has been sent by the city secretary, 1001 by filing a supplementary petition upon additional papers signed and filed as provided in 1002 case of an original petition. The city secretary shall, within five (5) days after such an 1003 amendment is filed, make examination of the amended petition and, if the petition be still 1004 insufficient, he or she shall file his or her certificate to that effect in his or her office and 1005 notify the circulators of his or her findings and no further action shall be had on such 1006 insufficient petition. 1007 1008 d. Refiling not prejudiced. The finding of the insufficiency of a petition shall not prejudice the 1009 filing of a new petition for the same purpose. 1010(Ord. No. 2013-3482, § 23, 5-14-13) 1011 1012 6.04. - Consideration of referendum or initiative by council. 1013 Whenever city council receives a certified initiative or referendum petition from the city 1014 secretary, it shall proceed at once to consider such petition and shall take final action on it within 1015 sixty (60) days after the date on which it was submitted to council. 1016 1017 a. Initiative. A proposed initiative ordinance shall be read and provision made for a public 1018 hearing on such before the time set for final action. 1019 1020 b. Referendum. A referred ordinance shall be considered by council and its final vote upon 1021 such reconsideration shall be upon the question, "Shall the ordinance in the referendum 1022 petition be repealed?" 1023 1024 6.05. - Election on referendum or initiative. 1025 1026 a. Submission to qualified voters. If council shall fail to pass an ordinance proposed by initiative 1027 petition or shall pass it in a form different from that set forth in the petition therefor, or if 1028 council fails to repeal a referred ordinance, the proposed or referred ordinance shall be 1029 submitted to the qualified voters on the next election day as established by the laws of the 1030 State of Texas. Council may, in its discretion, and if no regular election is to be held on such 1031 day shall, provide for a special election. 1032 1033 b. Form of ballot. Ordinances submitted to vote of electors in accordance with this article shall 1034 be submitted by ballot title, which shall be prepared in all cases by the city attorney. The 1035 ballot title may be different from the legal title of any such initiated or referred ordinance 1036 and shall be a clear, concise statement, without argument or prejudice, descriptive of the 1037 substance of such ordinance. Below the ballot title shall appear the following propositions, 1038 one preceding the other, in the order indicated: "FOR THE ORDINANCE" and "AGAINST THE 1039 ORDINANCE." 1040 1041 Any number of ordinances may be voted on at the same election and may be submitted on 1042 the same ballot, but any paper ballot used for voting thereon shall be for that purpose only. 1043 1044 c. Results. If a majority of the qualified voters voting on a proposed initiative ordinance shall 1045 vote in favor thereof, it shall thereupon be an ordinance of the city. A referred ordinance 1046 which is not approved by a majority of the electors voting thereon shall thereupon be 1047 deemed repealed. If conflicting ordinances are approved by the electors at the same 1048 election, the one receiving the greatest number of affirmative votes shall prevail to the 1049 extent of such conflict. 1050 (Ord. No. 2013-3482, § 23, 5-14-13) 1051 1052 6.06. - Amendment of initiative or referendum ordinances. 1053 Initiative and referendum ordinances adopted or approved by the electors voters shall be 1054 published, and may be amended or repealed by council, as in the case of other ordinances. 1055 1056 6.07. - Power of recall. 1057 The mayor or any councilperson may be removed from office by recall. 1058 1059 No recall petition shall be filed against the mayor or a councilperson within six (6) months 1060 after he or she takes office nor in respect to an officer subjected to a recall election and not 1061 removed thereby, until at least six (6) months after such election. 1062 1063 6.08. - Procedure for recall petition. 1064 a. Affidavit. Any qualified voter of the city may make and file with the city secretary an affidavit 1065 containing the name or names of the officer or officers whose removal is sought and a 1066 statement of the grounds for removal. For the recall of a district councilperson, the voter 1067 filing the affidavit must reside in that c 1068 1069 b. Petition blanks. Upon receipt of said affidavit, the city secretary shall deliver to said qualified 1070 voter copies of petition blanks demanding such removal. The city secretary shall keep a 1071 sufficient number of printed petition blanks on hand for distribution. Such blanks when 1072 issued shall: 1073 1. Be signed by the city secretary. 1074 2. Be addressed to city council. 1075 3. Be numbered and dated. 1076 4. Indicate the name of the person to whom issued. 1077 5. Indicate the name of the officer whose removal is sought. 1078 6. Indicate the number of such blanks issued. 1079 1080 The city secretary shall enter in a record to be kept inhis or her office the name of the 1081 qualified voter to whom the petition blanks were issued and the number issued to said 1082 person. 1083 1084 c. Return of petition. To be effective, the recall petition must: 1085 1. For the recall of the Mayor or a Councilperson elected at large, the petition must be 1086 signed by a minimum of one thousand (1,000) registered voters of the city. For the recall 1087 of a district councilperson, the petition must be signed by a minimum of two hundred 1088 fifty (250) registered voters of that councilpersoBe signed by qualified voters 1089 of the city equal in number to at least fifty (50) percent of those who were qualified 1090 voters and voted on the date of the last regular municipal election, and at least one-half 1091 of the qualified voters constituting such fifty (50) percent signing the petition shall make 1092 affidavit, to be filed with the petition, to the effect that they voted for the person whose 1093 recall is sought, in the election at which he was last elected. 1094 1095 2. Be returned and filed with the city secretary within thirty (30) days after the filing of the 1096 affidavit required in section 6.08a. 1097(Ord. No. 2013-3482, § 23, 5-14-13) 1098 1099 6.09. - Recall election. 1100 a. Submission. The city secretary shall at once examine the recall petition and, if he or she finds 1101 it sufficient and in compliance with the provisions of this article, he or she shall within five 1102 (5) days submit it to city council with his or her certificate to that effect and notify the officer 1103 sought to be recalled of such action. If the officerwhose removal is sought does not resign 1104 within five (5) days after such notice, council shall thereupon order and fix a date for holding 1105 a recall election. Any such election shall be held at the next election day as established by 1106 the laws of the State of Texas. 1107 1108 b. Ballots. Ballots used at recall elections shall conform to the following requirements: 1109 1. With respect to each person whose removal is sought the question shall be submitted 1110 "Shall (name of person) be removed from the office of (name of office) by recall?" 1111 1112 2. Immediately below each such question there shall be printed the two (2) following 1113 propositions, one above the other, in the order indicated: 1114 "For the recall of (name of person)" 1115 "Against the recall of (name of person)." 1116 1117 c. Results. If a majority of the votes cast at a recall election shall be against the recall of the 1118 officer named on the ballot, he or sheshall continue in office for the remainder of his or her 1119 unexpired term, subject to recall as before. If a majority of the votes at such an election be 1120 for the recall of the officer named on the ballot, he or she shall, regardless of any technical 1121 defects in the recall petition, be deemed removed from office and the vacancy shall be filled 1122 as in other vacancies. 1123 1124 6.10. - Should city council fail or refuse to order any of the elections as provided for in this article, Formatted: Justified 1125 when all the requirements for such election have been complied with by the petitioning voters 1126 in conformity with this article of the Charter, then judicial relief may be sought with the 1127 appropriate court for issuance of a writ of mandamus to compel compliance with the provisions 1128 of this article.District judge may order election. 1129 Should city council fail or refuse to order any of the elections as provided for in this article, when 1130 all the requirements for such election have been complied with by the petitioning electors in 1131 conformity with this article of the Charter, then it shall be the duty of any one of the district 1132 judges of Harris County, Texas, upon proper application being made therefor, to order such 1133 elections and to enforce the carrying into effect of the provisions of this article of the Charter. 1134 1135 ARTICLE VII. - FRANCHISES AND PUBLIC UTILITIES 1136 1137 State Law reference Franchises, Vernon's Ann. Civ. St. art. 1175; franchise to use streets, 1138 V.T.C.A., Transportation Code § 311.071 et seq. 1139 1140 7.01. - Enfranchisement. 1141 a.Power of council.City council shall have power by ordinance to grant, amend, renew and 1142 extend all franchises of all public utilities of every character operating within the city. All 1143 ordinances granting, amending, renewing or extending franchises for public utilities shall not 1144 be finally passed until thirty (30) days after the first reading; and no such ordinance shall take 1145 effect until sixty (60) days after its final passage; and pending such time, the notice and 1146 caption of such ordinance, noting the place where the full text may be examined by the 1147 public, shall be published once each week for four (4) consecutive weeks in the official 1148 newspaper of the city, and the expense of such publication \[is\] to be borne by the proponent 1149 of the franchise. No public utility franchise shall be transferable except with the approval of 1150 council expressed by ordinance. 1151 1152 b. Extensions. All extensions of public utilities within the city limits shall become a part of the 1153 aggregate property of the public utilities, shall be operated as such, and shall be subject to 1154 all the obligations and reserved rights contained in this Charter and in any original grant 1155 hereafter made. The right to use and maintain any extension shall terminate with the original 1156 grant and shall be terminable as provided in section 7.02a. In case of an extension of a public 1157 utility operated under a franchise hereafter granted, such right shall be terminable at the 1158 same time and under the same conditions as the original grant. 1159 1160 c. Other conditions. All franchises heretofore granted are recognized as contracts between the 1161 city and the grantee, and the contractual right as contained in any such franchises shall not 1162 be impaired by the provisions of this Charter, except that the power of the city to exercise 1163 the right of eminent domain in the acquisition of any utility property is in all things reserved, 1164 and except the general power of the city heretofore existing and herein provided for to 1165 regulate the rates and services of the grantee which shall include the right to require proper 1166 and adequate extension of plant and service and the maintenance of the plant and fixtures 1167 at the highest reasonable standard of efficiency. 1168 1169 Every public utility franchise hereafter granted shall be held subject to all the terms and 1170 conditions contained in the various sections of this article whether or not such terms are 1171 specifically mentioned in the franchise. 1172 1173 When the city chooses to exercise its power of eminent domain to acquire any public utility, 1174 the procedure to be used in such acquisition shall be as set forth in V.T.C.A., Property Code 1175 §§ 21.011 to 21.065, inclusive. In valuing the property, the measure of damages shall be the 1176 fair market value of the physical properties taken together as one system. This power shall 1177 be in addition to and cumulative of any other powers of acquisition granted to or reserved 1178 by the city in a franchise ordinance. 1179 1180 Prior to the purchase of any existing franchised utility system, either according to the terms 1181 of the franchise or by eminent domain, city council shall submit the question of purchase to 1182 the voters of the city, and such must be approved by a majority of those voting. 1183 1184 Nothing in this Charter shall operate to limit in any way, as specifically stated, the discretion 1185 of council or the electors of the city in imposing terms and conditions as may be reasonable 1186 in connection with any franchise grant. 1187 (Ord. No. 2013-3482, § 4, 5-14-13) 1188 1189 7.02. - Regulation. 1190 a. Right of regulation. All grants, renewals, extensions or amendments of public utility 1191 franchises, whether it be so provided in the ordinance or not, shall be subject to the right of 1192 the city: 1193 1194 1. To repeal the same by ordinance at any time for failure to begin construction or 1195 operation within the time prescribed or otherwise to comply with the terms of the 1196 franchise, such power to be exercised only after due notice and hearing. 1197 1198 2. To require an adequate extension of plant and service, and the maintenance of the plant 1199 and fixtures at the highest reasonable standard of efficiency. 1200 1201 3. To establish reasonable standards of service and quality of products and prevent unjust 1202 discrimination in service of rates. 1203 1204 4. To prescribe the form of accounts kept by such utility. If the franchise does not prescribe 1205 the form of accounts kept by a utility, then it shall keep its accounts in accordance with 1206 the utility system of accounts for said utility prescribed by the appropriate state and 1207 federal utility regulatory agencies. 1208 1209 5. To examine and audit the accounts and other records of any such utility at any time and 1210 to require annual and other reports, including reports on local operations by each such 1211 public utility. 1212 1213 6. To impose such reasonable regulations and restrictions as may be deemed desirable or 1214 conducive to the safety, welfare and accommodation of the public. 1215 1216 7. To at any time require such compensation and rental as may be permitted by the laws 1217 of the State of Texas. 1218 1219 b. Regulation of rates and service. Council shall have full power, after due notice and hearing, 1220 to regulate by ordinance the rates and service of every public utility operating within the 1221 city. Such power shall be subject to the exercise of power in each area of each utility by the 1222 appropriate agencies of state and federal government. 1223 1224 7.03. - Franchise records. 1225 Within six (6) months after this Charter takes effect, every public utility and every owner of 1226 a public utility franchise shall file with the city, as may be prescribed by ordinance, certified copies 1227 of all franchises owned or claimed, or under which such utility is operated in the city. 1228 1229 The city shall compile and maintain a public record of public utility franchises. 1230 1231 7.04. - Accounts of municipality-owned utilities. 1232 Accounts shall be kept for each public utility owned or operated by the city, in such manner 1233 as to show the true and complete financial results of such city ownership and operation, including 1234 all assets, appropriately subdivided into different classes, all liabilities subdivided by classes, 1235 depreciation, reserve, other reserves and surplus, also revenues, operating expenses, including 1236 depreciation, interest payments, rental and other disposition of annual income. The accounts 1237 shall show the actual capital cost to the city of each public utility owned, also the cost of all 1238 extensions, additions and improvements, and the source of the funds expended for such capital 1239 purposes. They shall show as nearly as possible the cost of any service furnished to or rendered 1240 by any such utility to any other city or governmental department. City council shall annually cause 1241 to be made by a licensed certified public accountant and shall publish a report showing the 1242 financial results of such city ownership and operation, giving the information specified in this 1243 section or such data as council shall deem expedient, in accordance with section 5.08. 1244 1245 7.05. - Franchise value disallowed. 1246 The value of the franchise granted by the city shall not be included in fixing reasonable rates 1247 and charges for utility service within the city or in determining the just compensation to be paid 1248 by the city for public utility property which may be acquired by eminent domain or otherwise. 1249 1250 1251 1252 7.06. - Consent of property owners. 1253 The consent of abutting and adjacent property owners shall not be required for the 1254 construction, extension, maintenance or operation of any public utility; but nothing in this 1255 Charter or in any franchise granted thereunder shall be construed to deprive any such property 1256 owner of any rights of action for damage or injury to his or her property as now or hereafter 1257 provided by law. 1258 1259 ARTICLE VIII. - GENERAL PROVISIONS 1260 1261 8.01. - Publicity of records. 1262 The public records of the City shall be available to the public subject to the procedures and 1263 applicable exceptions established in the Texas Public Information Act. The City Council may adopt 1264 regulations for the enforcement of this provision, as necessary.All records and accounts of every 1265 office, department or agency of the city shall be open to inspection by any person, any 1266 representative of a citizen's organization or any representative of the press during normal 1267 business hours, as provided in the Texas Public Information Act, V.T.C.A., Government Code § 1268 552.001 et seq. 1269 (Ord. No. 2013-3482, § 4, 5-14-13) 1270 State Law referencePublic records act, V.T.C.A., Government Code § 552.001 et seq. 1271 1272 8.02. - Employers and officers. 1273 1274 a. Personal financial interest. All members of the City Council, and all officers and employees 1275 of the City, having a financial interest in any contract or sale to the city of land, material, 1276 supplies or services shall be subject to and shall comply with applicable state law governing 1277 conflicts of interest, including but not limited to Texas Local Government Code Chapters 171 1278 and 176. The City Council may adopt regulations for the enforcement of this provision, as 1279 necessary.No member of city council or any officer or employee of the city shall have a 1280 financial interest, direct or indirect or by reason of ownership of stock in any corporation, in 1281 any contract or in the sale to the city, or to a contractor supplying the city, of any lands or 1282 rights of interests in any land, material, supplies or service. Any willful violation of this section 1283 shall constitute malfeasance in office, and any officer or employee of the city found guilty 1284 thereof shall thereby forfeit his office or position. Any violation of this section with the 1285 knowledge expressed or implied of the person or corporation contracting with the city shall 1286 render the contract voidable by council. 1287 1288 b. Employment interest. No one who has been elected to city office shall be employed in a 1289 nonelective office by the city within the term for which he or shewas elected or for one year 1290 thereafter. 1291 1292 c. Nepotism. No person related, within the second degree by affinity or within the third degree 1293 by consanguinity, to the mayor or any councilperson or to the city manager, shall be 1294 employed in any office, position or clerkship of the city. This prohibition shall not apply to or 1295 prevent the appointment, voting for, or confirmation of any person who shall have been 1296 continuously employed in any office, position, or clerkship for the following period prior to 1297 the election or appointment, as applicable, of the city council member or city manager 1298 related to such employee in the prohibited degree: 1) at least 30 days, if related to the city 1299 manager; or 2) at least six months, if related to a member of city council.No person related, 1300 within the second degree by affinity or within the third degree by consanguinity, to the 1301 mayor or any councilperson or to the city manager shall be employed or appointed to any 1302 office, position or clerkship of the city. This prohibition shall not apply, however, to any 1303 person who shall have been employed for two (2) years or more by the city at the time of 1304 the election or appointment of the officer to whom he is related. 1305 1306 d. Bonds. Council may by general ordinance require bonds of any municipal officers and 1307 employees who receive or pay out any monies of the city. The amount of such bonds shall 1308 be determined by council and the cost thereof borne by the city.Council shall require bonds 1309 of all municipal officers and employees who receive or pay out any monies of the city. The 1310 amount of such bonds shall be determined by council and the cost thereof borne by the city. 1311 Council shall set the bond amount for the city manager and the director of finance at an 1312 amount not less than ten thousand dollars ($10,000.00). 1313 1314 e. Oath of office. 1315 Elected and appointed officers.All officers of the city shall, before entering upon the duties 1316 of their respective offices, take and subscribe to the official oath prescribed in the 1317 Constitution of the State of Texas. 1318 1319 f. Discharge. Council shall be authorized to discharge at any time, with or without a hearing, as 1320 council may elect, any officer, employee or clerk which it appoints. 1321 The city manager shall be authorized to discharge at any time, with or without a hearing, as 1322 the city manager may elect, any officer, employee or clerk which he or she appoints. 1323 1324 g. Injuries; insurance. City council shall have authority to provide the rules and regulations for 1325 maintaining employees when injured and disabled while performing their duties, and it may 1326 provide for such plan of insurance as it deems proper. 1327 1328 h. Pensions. City council may establish a pension plan for any employee who has been 1329 employed by the city for twenty (20) years and who shall have reached the age of fifty-five 1330 (55), or may adopt in lieu thereof any pension system available to cities under state law. 1331 (Ord. No. 2013-3482, § 24, 5-14-13) 1332 1333 8.03. - Assignment, execution and garnishment of city property. 1334 The property, real and personal, belonging to the city shall not be liable to be sold or 1335 appropriated under any writ of execution or cost bill. The funds belonging to the city, in the hands 1336 of any person, firm or corporation, shall not be liable to garnishment, attachment or 1337 sequestration; nor shall the city be liable to garnishment on account of any debt it may owe or 1338 funds or property it may have on hand or owing to any person. Neither the city nor any of its 1339 officers or agents shall be required to answer any such writ of garnishment on any account 1340 whatever. The city shall not be obligated to recognize any assignment of wages or funds by its 1341 employees, agents or contractors. 1342 1343 8.04. - City not required to give security or execute bond. 1344 It shall not be necessary in any action, suit or proceeding in which the city is a party for any 1345 bond, undertaking or security to be demanded or executed by or on behalf of said city in any 1346 court, but in all such actions, suits, appeals or proceedings, same shall be conducted in the same 1347 manner as if such bond, undertaking or security had been given as required by law, and said city 1348 shall be as liable as if security of bond had been duly executed. 1349 1350 8.05. - Effect of this Charter on existing law. 1351 All ordinances, resolutions, rules and regulations now in force under the city government of 1352 the city and not in conflict with the provisions of this Charter shall remain in force under this 1353 Charter until altered, amended or repealed by city council after this Charter takes effect; and all 1354 rights of the city under existing franchises and contracts are preserved in full force and effect to 1355 the city, and any unissued bonds and revenue bonds, or installments thereof, heretofore 1356 authorized at an election held in said city shall not be affected by the adoption of this Charter, 1357 but the right to sell, issue and deliver same, in whole or in part, in keeping with the provisions of 1358 the laws under which they were voted is hereby expressly reserved. 1359 1360 8.06. - Amending this Charter. 1361 1362 a. This Charter shall be the subject of a mandatory review at least every ten (10) years. 1363 Amendments to the Charter may be proposed and submitted to the qualified voters of the 1364 City in the manner provided in state law.This Charter shall be the subject of a mandatory 1365 review every ten (10) years. Amendments may be proposed and submitted to the electors 1366 of the city by ordinance passed by a majority vote of the full membership of city council or 1367 by a petition signed by qualified voters of the city in number not less than five (5) per cent 1368 thereof or twenty thousand (20,000) signatures, whichever is less. Such petition shall in all 1369 other respects conform to the provisions of Article VI. 1370 1371 When a properly drawn petition has been duly filed, council shall provide by ordinance for 1372 submitting such proposed amendments to a vote of the qualified voters at an election to be 1373 held in accordance with the Texas Election Code. If the next regular municipal election is to 1374 be held during said period, the submission of said amendment or amendments shall be at 1375 such election. Otherwise, a special election shall be called for the purpose. Notice of the 1376 election shall be given in accordance with the Texas Election Code. 1377 1378 Each amendment submitted shall contain only one subject and shall be printed separately 1379 on the ballot, each proposed amendment being followed by designations for the voter to 1380 vote for the amendment or against the amendment. 1381 1382 Each proposed amendment, if approved by the majority of the qualified voters voting at said 1383 election, shall become a part of the Charter. The city secretary shall enter notice into the 1384 records of the city declaring the same adopted. 1385 1386 b. This section is subject to the provisions of V.T.C.A., Local Government Code §§ 9.04 and 9.05, 1387 and V.T.C.A., Election Code § 41.001 et seq. 1388 (Ord. No. 2013-3482, § 4, 23, 25, 5-14-13) 1389 1390 8.07. - Severability clause. 1391 If any section or part of section of this Charter shall be held invalid by a court of competent 1392 jurisdiction, such holding shall not affect the remainder of this Charter nor the context in which 1393 such section or part of section so held invalid may appear, except to the extent that an entire 1394 section or part of section may be inseparably connected in meaning and effect with the section 1395 or part of section to which such holding shall directly apply. 1396 1397 8.08. - References to laws. 1398 All references within this Charter to laws of the State of Texas or of the United States are to 1399 be construed as meaning such laws as now or hereafter amended or superseded. 1400 1401 1402 1403 8.09. -Approval of this Charter. 1404 1405 a. Copies to electors.In not less than thirty (30) days prior to the election provided in 1406 subsection b., the city commission shall cause the city clerk to mail a copy of this Charter to 1407 each qualified voter of the city, as listed on the current voter registration list. 1408 1409 b. Submission of Charter to electors. The charter committee in preparing this comprehensive 1410 Charter amendment finds and decides that it is impracticable to segregate each subject so 1411 as to permit a vote of "yes" or "no" on the same, for the reason that the Charter is so 1412 constructed that in order to enable it to work and function, it is necessary that the 1413 comprehensive amendment be adopted in its entirety. For these reasons the charter 1414 committee directs that said amended Charter be voted upon as a whole and that it shall be 1415 submitted to the qualified voters of the city at an election to be held for that purpose on the 1416 9th day of August, 1980. 1417 The form of ballot to be used in such election shall be as follows: 1418 FOR THE ADOPTION OF THE AMENDED CHARTER. 1419 AGAINST THE ADOPTION OF THE AMENDED CHARTER. 1420 1421 c. Results of vote for adoption. If a majority of the qualified electors voting in such election 1422 shall vote in favor of the adoption of the Charter, and after the returns have been canvassed, 1423 the city clerk shall file an official copy of the Charter with the records of the city. The city 1424 commission shall at its next meeting declare this Charter adopted. The clerk shall furnish the 1425 mayor a copy of said Charter, which copy of the Charter so adopted, authenticated and 1426 certified by his or her signature and the seal of the city, shall be forwarded by the mayor to 1427 the Secretary of State of the State of Texas and shall show the approval of such Charter by 1428 majority vote of the qualified voters voting at such election. 1429 1430 8.10. - Provisions for transition. 1431 1432 a. Tenure of officers during transition. From and after the date of the adoption of this Charter 1433 and until the completion of the first election under this Charter to be held on the first 1434 Saturday in April, 1981, and the qualification of the councilpersons therein elected, the 1435 present qualified and acting commissioners and mayor shall constitute city council. Such city 1436 council shall possess all the powers provided by this Charter. 1437 1438 After said election and until the election to be held on the first Saturday in April, 1982, and 1439 the qualification of the councilpersons and mayor therein elected, the present qualified and 1440 acting commissionerPosition 2 shall serve as councilperson-at-largePosition A; the 1441 present qualified and acting commissionerPosition 4 shall serve as councilperson-at- 1442 largePosition B; and the present qualified and acting mayor shall serve as mayor. These 1443 councilpersons and mayor, along with the councilpersons elected and qualified as provided 1444 in subsection b, below, shall, for the duration of their terms of office, compose city council 1445 and shall possess all the powers provided by this Charter. 1446 1447 b. Original election of mayor and councilpersons. Councilpersons representing districts shall be 1448 elected at the election to be held on the first Saturday in April, 1981, for terms of office as 1449 follows: 1450 CouncilpersonDistrict 1, three-year term 1451 CouncilpersonDistrict 2, one-year term 1452 CouncilpersonDistrict 3, one-year term 1453 CouncilpersonDistrict 4, two-year term 1454 CouncilpersonDistrict 5, two-year term 1455 CouncilpersonDistrict 6, three-year term. 1456 1457 Councilpersons-at-large and the mayor shall be elected at the election to be held on the first 1458 Saturday in April, 1982, for terms of offices as follows: 1459 Councilperson-at-largePosition A, one-year term 1460 Councilperson-at-largePosition B, two-year term 1461 Mayor, three-year term. 1462 1463 Following these terms of office, all councilpersons and the mayor shall be elected to three- 1464 year terms, according to the provisions of Article II of this Charter. 1465 1466 ___________________________ 1467 Charter amended by election in 1959 1468 Failed amendment elections 1971 and 1975 1469 Amended by election May 21, 1980 1470 Amended by election May 5, 1990 1471 Amended by election May 11, 2013 1472 Amended by election May 5, 2018 1473 1474 CHARTER COMPARATIVE TABLE 1475 1476 This table shows the location of the sections of the basic \[1949\] Charter and any amendments. Ordinance Adoption Election Section Section Number Date Date this Charter 1216 5/21/80 8/9/80 1 Arts. IVIII 16762/12/905/5/901A5.02 1699 5/7/90 1 5.02 1700 5/7/90 1 5.02 2013-3482 5/14/13 5/11/13 4 1.03, 1.05, 2.10, 7.01, 8.01, 8.06 5 1.03 6 1.06, 2.02, 2.04 2018-3696 5/5/2018 2.02(a) 7 2.01, 2.03 8 2.05 9 2.06 10 2.07 11 2.08 12 2.09, 2.10 13 2.11 14 3.02, 3.04, 3.05 15 3.03 16 4.01 17 4.03 18 5.01 19 5.02 20 5.03 21 5.05 22 5.07 23 6.016.03, 6.05, 6.08, 8.06 24 8.02 25 8.06 1477 1 City Charter First adopted by the citizens of La Porteon March 22, 1949 Updated by election on May 21, 1980 Most recent amendment by election on May 5, 2018 The City of La Porte was incorporated on August 10, 1892. 2 CONTENTS (will be updated following election, if held) 3 CHARTER 4 ARTICLE I. - INCORPORATION; CITY POWERS 5 ARTICLE II. - CITY COUNCIL 6 ARTICLE III. ADMINISTRATION 7 ARTICLE IV. BUDGET 8 ARTICLE V. - FINANCE ADMINISTRATION 9 ARTICLE VI. - INITIATIVE, REFERENDUM AND RECALL 10 ARTICLE VII. - FRANCHISES AND PUBLIC UTILITIES 11 ARTICLE VIII. - GENERAL PROVISIONS 12 13 CHARTER COMPARATIVE TABLE 14 Editor's notePrinted herein is the Charter of the City of La Porte, Texas, as adopted by ordinance number 15 1216, § 1 on May 21, 1980, and adopted by referendum on August 9, 1980. Amendments to the Charter are 16 indicated by parenthetical history notes following amended provisions. The absence of a history note indicates 17 that the provision remains unchanged from the original Charter. Obvious misspellings have been corrected 18 without notation. For stylistic purposes, a uniform system of headings, catchlines and citations to state statutes 19 has been used. Additions made for clarity are indicated by brackets. 20 21 Editor's noteA special \[election\] held May 11, 2013, adopted amendments to §§ 1.03, 1.05, 1.06, 2.012.11, 22 3.023.05, 4.01, 4.03, 5.015.03, 5.05, 5.07, 6.016.03, 6.05, 6.08, 7.01, 8.01, 8.02, 8.06 of the Charter as set 23 forth in Ord. No. 2013-3482, §§ 425, adopted May 14, 2013. 24 State Law reference Home Rule, V.T.C.A., Local Government Code § 9.001 et seq. 25 26 ARTICLE I. - INCORPORATION; CITY POWERS 27 28 1.01. - Incorporation. 29 The inhabitants of the City of La Porte within the boundaries as now established or as hereafter established 30 in the manner provided by law shall continue to be a body politic and corporate and be known by the name of 31 the City of La Porte. 32 33 1.02. - City boundaries. 34 The boundaries and limits of the city shall be the same as have heretofore been established and now exist, 35 which boundaries and limits were originally shown on the map recorded in Volume 8, Page 16, Map Records of 36 Harris County, Texas, and as modified by subsequent annexations and disannexations. 37 State Law reference Map of municipal boundaries, V.T.C.A., Local Government Code § 41.001. 38 39 1.03. - Modification of city boundaries. 40 The city council shall have power by ordinance to fix the boundary limits of the city and to provide by 41 ordinance for the extension of said boundary limits, by the annexation of additional territory lying adjacent to 42 the city, the disannexation of territory within the city, and the exchange of territory with other cities and towns, 43 in accordance with the laws and Constitution of the State of Texas. Any area of the City may be disannexed 44 pursuant to rules and procedures established under state law and whenever, in the opinion of the City Council, 45 there exists within the corporate limits of the City a territory not suitable or necessary for City purposes. The 46 City Council may discontinue said territory as part of the City by ordinance after conducting a public hearing on 47 the matter. 48 49 1.04. - Form of government. 50 The governing body of the city shall be a council composed of the mayor and eight (8) councilpersons, to 51 be known as the city council of the City of La Porte, hereinafter called city council. The members of city council 52 shall be elected from the city in the manner prescribed elsewhere in this Charter. 53 State Law reference Form of government in home rule cities, V.T.C.A., Local Government Code § 26.001 et 54 seq. 55 56 1.05. - Powers of the city. 57 a. Generally. The city shall have all the powers granted to municipal corporations and to cities by the 58 Constitution and laws of the State of Texas together with all the implied powers necessary to carry into 59 execution the powers granted. The city may acquire property within or without its corporate limits for 60 any city purpose in fee-simple title or any lesser interest or estate by purchase, gift, devise, lease or 61 condemnation and may sell, lease, exchange, mortgage, hold, manage and control such property as its 62 interest may require; and, except as prohibited by the Constitution of this state or restricted by the 63 Charter, the city may exercise all municipal powers, functions, rights, privileges and immunities of 64 every name and nature whatsoever. The city may use a corporate seal; may sue and be sued; may 65 contract; may implead and be impleaded in all courts concerning all matters; may cooperate with the 66 government of the United States and of the State of Texas or any agency or political subdivision thereof 67 to accomplish any lawful purpose; and may pass such ordinances as may be expedient for maintaining 68 the city's peace and welfare and for the performance of its functions. 69 70 b. Enumerated powers. Without limitation of the foregoing powers, the following are enumerated for 71 greater certainty: 72 1. Eminent domain. The city shall have the full power and right to exercise the power of eminent 73 domain when necessary or desirable to carry out any of the powers conferred upon it by this 74 Charter or by the Constitution and laws of the State of Texas. This power shall include the power 75 to acquire any public utility operating with or without a franchise and furnishing a public service. 76 The city may exercise its condemnation power in any manner authorized or permitted by the 77 constitution and laws of this state. The power of eminent domain hereby conferred shall include 78 the right of the city to take fee-simple title in land so condemned and such power and authority 79 shall include the right to condemn property for such purposes. The city shall have and possess the 80 power of condemnation for any municipal or public purposes even though not specifically 81 enumerated in this Charter. 82 83 2. Streets. 84 a. Powers. The city shall have the power to lay out, establish, open, alter, widen, lower, extend, 85 grade, abandon, discontinue, abolish, close, care for, pave, supervise, maintain and improve 86 streets, alleys, sidewalks, parks, squares, public places and bridges; and regulate the use 87 thereof and require the removal from streets, sidewalks, alleys and other public property or 88 places of all obstructions and all vendors, showcases and encroachments of every nature or 89 character upon any of said streets and sidewalks. 90 b. Improvements. The city shall have exclusive dominion, control and jurisdiction in, upon and 91 over and under the public streets, avenues, alleys and highways of the city, and may provide 92 for the improvement thereof of paving, repaving, raising, draining or otherwise. The provisions 93 of V.T.C.A., Transportation Code § 313.001, et seq., are expressly adopted and made a part of 94 this Charter. Such exclusive dominion, control and jurisdiction in, upon, over and under the 95 public streets, avenues, alleys and highways of the city shall also include, but not be limited 96 to, the right to regulate, locate, relocate, remove, or prohibit the location of all utility pipes, 97 lines, wires or other property. 98 99 3. Sanitary sewer system. The city shall have the power to provide for a sanitary sewer system and to 100 require property owners to connect their premises with such sewer system, to provide for fixing 101 penalties for failure to make sanitary sewer connections; and shall further have the right to fix 102 charges and compensation to be charged by the city for sewerage service, providing rules and 103 regulations for the collection thereof, and to provide for rendering a lien against any property 104 owner's premises who fails or refuses to make sanitary sewer connections after due notice and to 105 charge a cost against said owner and make it a personal liability. 106 107 4. Garbage disposal. City council shall by ordinance adopt and prescribe rules and regulations for the 108 handling and disposition of all garbage, trash and other waste within the city and shall fix charges 109 and compensation to be charged by the city for the removal of garbage, trash and rubbish, 110 providing rules and regulations of the collection thereof. 111 112 5. Nuisances, etc. The city shall have the power to define all nuisances and prohibit the same within 113 the city and outside the city limits for a distance of five thousand (5,000) feet; have power to police 114 all parks or grounds, speedways, or boulevards owned by said city and lying outside of said city, to 115 prohibit the pollution of any stream, drain or tributaries thereof, which may constitute the source 116 of water supply of any city and to provide for policing the same as well as to provide for the 117 protection of any watersheds and the policing of same. 118 119 c. General powers adopted. The enumeration of the particular powers in this Charter shall not be held 120 or deemed to be exclusive but in addition to the powers enumerated herein or implied hereby or 121 appropriate to the exercise of such powers; the city shall have and may exercise all power of local self- 122 government and all other powers which, under the Constitution and laws of the State of Texas, it would 123 be competent for this Charter specifically to enumerate. The city shall have and may exercise all the 124 powers enumerated in V.T.C.A., Health and Safety Code § 122.006; V.T.C.A., Local Government Code 125§§ 26.021, 26.041, 43.021, 43.142, 51.072, 51.07451.077, 54.004, 101.022, 101.023, 141.044, 126 211.003, 211.005, 211.013, 214.001, 214.013, 214.901, 215.072215.075, 216.901, 217.042, 251.001, 127 341.003, 341.903, 342.011, 342.012, 401.002, 402.002, 402.017; V.T.C.A., Tax Code §§ 302.001, 128 302.002, 302.102; V.T.C.A., Transportation Code §§ 311.001, 311.004, 311.005, 311.007, 311.091 129 311.094, 311.904; and Vernon's Ann. Civ. St. art. 1175. 130(Ord. No. 2013-3482, § 4, 5-14-13) 131 132 1.06. - Special provisions for damage suits. 133 Before the city shall be liable to damage claim or suit for personal injury or death or damage to property, 134 the person who is injured or whose property is damaged or someone in his or her behalf or his or her personal 135 representative in cases of death shall give the city secretary notice in writing within one hundred eighty (180) 136 days after the occurring of the alleged injury, death or damage stating specifically in such notice when, where 137 and how the injury, death or damage was sustained and setting forth the extent of the injury or damage as 138 accurately as possible, and giving the names and addresses of all witnesses upon whose testimony such person 139 is relying to establish the injury, death or damage. No action at law for damage shall be brought against the city 140 for personal injury, death or damage to property prior to the expiration of sixty (60) days after the notice 141 hereinabove described has been filed with the city secretary. After the expiration of sixty (60) days 142 aforementioned, the complainant may then have two (2) years in which to bring an action of law. 143(Ord. No. 2013-3482, § 6, 5-14-13) 144 State Law reference Tort claims, notice, V.T.C.A., Civil Practices and Remedies Code §101.101. 145 146 ARTICLE II. - CITY COUNCIL 147 148 State Law reference Form of government, V.T.C.A., Local Government Code § 26.001 et seq. 149 150 2.01. - Composition of city council. 151 a. Members of council. City council shall be composed of a mayor and eight (8) councilpersons. The 152 positions of councilpersons shall be designated as follows: 153 154 CouncilpersonDistrict 1 155 CouncilpersonDistrict 2 156 CouncilpersonDistrict 3 157 CouncilpersonDistrict 4 158 CouncilpersonDistrict 5 159 CouncilpersonDistrict 6 160 Councilperson-at-largePosition A 161 Councilperson-at-largePosition B. 162 163 The mayor and the two (2) councilpersons-at-large shall be elected by a majority vote of the city at 164 large. The city shall be divided, as described below in subsection b, into six (6) districts, Districts 1, 2, 165 3, 4, 5 and 6, and one councilperson shall be elected from each district by majority vote of the resident 166 voters of such district. 167 168 b. Formation of districts. City council shall divide the city into six (6) districts which are reasonably 169 compact, contiguous and of as nearly equal population as practicable. 170 171 It shall be the duty of city council to establish the boundaries of six (6) districts covering the entire city 172 for the purpose of electing district councilpersons. Such boundaries shall be established by ordinance, 173 which shall be final for purposes of this Charter. The first such establishment shall be made as soon as 174 practicable prior to the first city election following adoption of this section. Any subsequent 175 establishment shall be made when required by this Charter. 176 177 Promptly following the addition of territory to the city by a boundary change, the city council shall, by 178 ordinance, add such territory to an adjacent district or districts. 179 180 Following the publication of the decennial federal census, city council shall conduct an investigation 181 and determine the population of the city and the population of each of the districts from which district 182 councilpersons are to be elected. Each such determination shall be based upon the best available data, 183 including, but not limited to, the most recent federal census. Each such determination shall be 184 expressed in an ordinance, which shall be a final determination for purposes of this Charter. 185 186 After any such determination, if the distribution of population among the various districts is 187 determined by city council to be materially unbalanced, the city council shall establish new boundaries 188 for the election of district councilpersons. 189 190 c. Election. All candidates for city council shall be voted on and elected separately for positions and 191 districts on said city council, and each candidate shall be designated on the official ballot according to 192 the title of such position or district to which he or she seeks election. 193 194 Any candidate for office receiving a majority of all the votes cast for the office for which he or she is a 195 candidate shall be elected to such office. Candidates in a runoff election are the candidates who receive 196 the highest and second highest number of votes in the main election or who tie for the highest number 197 of votes. In the event any candidate for any office fails to receive a majority of votes cast for all the 198 candidates for such office, the city council shall call a run-off election to be held in accordance with 199 state law. Tie votes shall be resolved in accordance with state law. 200 201 d. Term of office. The mayor and councilpersons shall each hold their respective offices for a term of 202 three (3) years and until their successors shall have been elected and duly qualified. 203(Ord. No. 2013-3482, § 7, 5-14-13) 204 205 2.02. - Qualifications. 206 a. Enumerated. The mayor and councilpersons shall have been residents of the city for twelve (12) 207 months immediately preceding election day, and continuously during their term of office. A district 208 councilperson shall also be a resident of his or her district for twelve (12) months immediately 209 preceding election day and continuously during his or her term of office. In addition thereto, each 210 candidate for public office must be a qualified voter of the city, must file a sworn application with the 211 city secretary in accordance with state law, and file for only one city office. 212 213 b. Council to be judge of members' qualifications. City council shall be the judge of the election and 214 qualifications of its members and for such purpose shall have power to subpoena witnesses and 215 require the production of records, but the decision of council in any such case shall be subject to review 216 by the courts. If a member of the Council is charged with any grounds for forfeiture and/or removal of 217 office under this Charter, a hearing shall be set not less than ten (10) days nor more than thirty (30) 218 days from the date on which the written charges are presented at a meeting of the city council. A 219 written charge must be sworn, and is eligible to be filed only by three (3) members of the city council. 220 At such hearing, the accused shall have the right to present evidence in his or her defense, but he or 221 she shall be disqualified from voting as to his or her innocence or guilt. At the conclusion of the 222 evidence, a vote shall be taken, and upon an affirmative vote of five (5) or more members of the city 223 council, the accused member shall be removed from office and his or her seat declared vacant. 224(Ord. No. 2018-3706, § 7, 5-5-18) 225 226 2.03. - Conduct of elections. 227 a. Regulations. All city elections shall be governed by the laws of the State of Texas. In the event there 228 should be any failure of the general laws or this Charter to provide for some feature of the city 229 elections, city council shall have the power to provide for such deficiency, making all regulations it 230 considers desirable, not inconsistent with the laws of the State of Texas, for the prevention of fraud in 231 such elections and for the recount of ballots in case of doubt or fraud. 232 233 Municipal elections shall be conducted by the appointed election authorities, who shall also have 234 power to make such regulations not inconsistent with this Charter, with any regulations made by 235 council or the laws of the State of Texas. 236 237 No informalities in conducting a city election shall invalidate the same, if it be conducted fairly and in 238 substantial compliance with the general laws, where applicable, and the Charter and ordinances of the 239 city. 240 241 b. Official ballots. Official ballots shall be prepared in accordance with state law. 242 243 c. Canvassing elections. Election returns shall be canvassed in accordance with state law. 244 245 d. Schedule. 246 1. Regular election. The regular election for choice of members of council shall be held annually on a 247 uniform election date as determined by state law and as ordered by city council. 248 249 2. Special election. Council may by ordinance or resolution order a special election, fix the time for 250 holding same and provide necessary means. 251(Ord. No. 2013-3482, § 7, 5-14-13) 252 State Law reference Uniform election dates, V.T.C.A., Election Code § 41.001. 253 254 2.04. - Vacancies, forfeiture, and resignation 255 a. Vacancies. The Office of a Councilmember or of the Mayor shall become vacant upon his or her death, 256 resignation, forfeiture of his or her office, or removal from office. 257 b. Forfeiture of office. A Councilmember or the Mayor shall forfeit his or her office if he or she: 258 1. Lacks at any time during his or her term of office any qualification for the office prescribed by this 259 Charter or by law; 260 2. Willfully violates any express prohibition of this Charter; 261 3. Is convicted of a crime involving moral turpitude; or 262 4. Fails to attend three consecutive regular Council meetings without being excused by the Council. 263 c. Resignation. The Mayor of a member of City Council may resign by submitting a statement in writing 264 to the City Secretary. If the mayor or any councilperson shall announce his or her candidacy, or shall 265 in fact become a candidate, in any general, special or primary election for any office of profit or trust 266 under this Charter or the laws of Texas or the United States, other than the office he or she has held, 267 at any time when the unexpired term of the office then held shall exceed one year and thirty (30) 268 days, such announcement or such candidacy shall constitute an automatic resignation of the office 269 then held. 270 d. Filling vacancies. When a vacancy shall develop, the City Council shall provide for the filling of such 271 vacancy by calling a special election to be held within 120 days, in the manner provided by law; 272 provided, however, that if the remainder of the unexpired term of the vacated office is twelve (12) 273 months or less at the time the vacancy occurs, the City Council is authorized to fill the unexpired term 274 by appointment, upon an affirmative vote of five (5) or more members of City Council. 275 276 2.05. - Compensation. 277 Each councilperson and the mayor shall receive for his or her services a salary in an amount determined by 278 the council, not to exceed the sum of forty-eight hundred dollars ($4,800.00) per year for the mayor, and 279 twenty-four hundred dollars ($2,400.00) per year for each councilperson. 280(Ord. No. 2013-3482, § 8, 5-14-13) 281 282 2.06. - First meeting of council after canvass. 283 As soon as practicable after each City election and in accordance with state law, the city council shall 284 meet and newly elected members of the city council shall qualify and assume the duties of office. 285 286 287 288 2.07. - Meetings. 289 a. Frequency. City council shall meet regularly at such times as may be prescribed by its rules but not less 290 frequently than once each month. All meetings of council shall be open to the public except as allowed 291 by state law; special meetings shall be called by the Mayor, the City Manager, or at the written request 292 of any three (3) members of the City Council.. 293 294 b. Rules. City council shall determine its own rules and order of business. 295 296 c. Minutes. Minutes of all open meetings of the council shall be recorded as a public record. 297(Ord. No. 2013-3482, § 10, 5-14-13) 298 State Law reference Public meetings, V.T.C.A., Government Code § 551.001 et seq. 299 300 2.08. - Duties of mayor and mayor pro tem. 301 The mayor shall preside at meetings of council and shall be entitled to vote upon all matters it considers. 302 The mayor shall exercise such other powers and perform such other duties as are or may be conferred and 303 imposed upon him or her by this Charter and the ordinances of the city. He or she shall be recognized as the 304 head of the city government for all ceremonial purposes, by the courts for civil process, and by the government 305 for purposes of military law. In times of public danger or emergency, the mayor shall take command of the 306 police, maintain order and enforce the law. 307 308 A mayor pro tem shall be a council member and be elected by the council at the first meeting of council 309 after canvassing the general and any run-off election, who shall serve for a one-year term or until his or her 310 successor is appointed and has qualified. If a vacancy occurs in the office of mayor or in the case of his or her 311 absence or disability, the mayor pro tem shall act as mayor until a successor is elected and has qualified or until 312 the mayor is again able to assume his or her duties of office. 313(Ord. No. 2013-3482, § 11, 5-14-13) 314 315 2.09. - Powers of council. 316 All powers of the city and the determination of all matters of policy shall be vested in city council. Council 317 shall execute the laws and administer the government of the city. Without limitation of the foregoing and among 318 the other powers that may be exercised by council, the following are hereby enumerated for greater certainty: 319 320 a. Adopt budget of the city. 321 322 b. Authorize the issuance of bonds by a bond ordinance. 323 324 c. Inquire into the conduct of any office, department, agency or officer of the city and make investigations 325 as to municipal affairs, and for that purpose may subpoena witnesses, administer oaths, and compel 326 the production of books, papers and other evidence. Failure to obey such subpoena or to produce 327 books, papers or other evidence as ordered under the provisions of this section shall constitute a 328 misdemeanor and shall be punishable by fine. Council shall enact an ordinance to enforce this 329 provision. 330 331 d. Establish and appoint the members of the planning and zoning commission. 332 333 e. Adopt plats. 334 335 f.Adopt and modify the official map of the city. 336 337 g. Adopt, modify and carry out plans proposed by the planning and zoning commission for the clearance 338 and rehabilitation of blighted areas. 339 340 h. Adopt, modify and carry out plans proposed by the planning and zoning commission for the replanning, 341 improvement and redevelopment of neighborhoods and for the replanning, reconstruction or 342 redevelopment of any area or district which may have been destroyed in whole or in part by disaster. 343 344 i.Provide for the establishment and designation of fire limits and to prescribe the kind and character of 345 buildings or structures or improvements to be erected therein, and to provide for the erection of 346 fireproof buildings within certain limits, and to provide for the condemnation of dangerous structures 347 or buildings or dilapidated buildings calculated to increase the fire hazard and the manner of their 348 removal or destruction. 349 350 j. Approve certified appraisal rolls as returned to it by the appraisal district and adopt same as the 351 certified appraisal rolls to be used for the collection of taxes for the current year. 352 353 k. Neither the Council nor any of its committees or members shall direct or request the appointment of 354 any person to, or his or her removal from, office by the City Manager or any of his or her subordinates; 355 or, except as is or may be otherwise provided under the terms of this Charter, in any manner take part 356 in the appointment or removal of officers and employees in the administrative service of the City. 357 Except for the purpose of inquiry, the Council and its members shall deal with the administrative service 358 solely through the Manager, and neither the Council nor any member thereof shall give orders to any 359 subordinate of the City Manager either publicly or privately. 360(Ord. No. 2013-3482, § 12, 5-14-13) 361 362 2.10. - Additional discretionary powers. 363 In addition to the above powers and without limitation of such, city council shall have the power to, and 364 may at its discretion, do any or all of the following: 365 366 a. Public library. Council shall have the authority to establish and maintain a free public library within the 367 city and to cooperate with any person, firm, association or corporation under such terms as council 368 may prescribe for the establishment of such free public library. For budget purposes, the library may 369 be considered as a department of the city and the appropriations therefor shall comply with all the 370 budgetary requirements as outlined in this Charter and as may be prescribed from time to time by 371 council. 372 373 b. Planning and Zoning. 374 1. Power. For the purposes of promoting the health, safety, morals or general welfare of the city, 375 council may by ordinance regulate the location, height, bulk and size of buildings and other 376 structures, the size of yards, courts and other open spaces, the density of population and the uses 377 of buildings, structures and land for trade, industry, business, residence and other purposes. 378 379 2. Procedure. Should council enact regulations under subsection 1. above, it shall establish a zoning 380 commission and may establish a zoning board of adjustment. 381 382 a. Zoning commission. 383 1. The commission shall recommend to council the location of zoning districts and 384 restrictions therein, and shall hold public meetings on such recommendations. 385 2. Commission members shall receive such compensation as council may deem appropriate. 386 3. Council may combine the duties of said commission with the duties of the planning 387 commission, as provided in section 2.09.e. through j., to form a planning and zoning 388 commission. 389 390 b. Zoning board of adjustment. 391 1. The zoning board of adjustment may, in appropriate cases and subject to appropriate 392 conditions and safeguards, make special exceptions to the terms of a zoning ordinance in 393 harmony with its general purpose and intent and in accordance with general or specific 394 rules therein contained. 395 2. Board members shall receive such compensation as council may deem appropriate. 396 397 3. Generally. All of the powers granted by V.T.C.A., Local Government Code § 211.001 et seq., 398 inclusive, relating to zoning in cities, are hereby adopted and made a part of this Charter. 399 400 d. Housing authority. Council may create a housing authority of such number, terms and compensation 401 of members as council may determine and may delegate to the housing authority such powers relating 402 to the planning, construction, reconstruction, alteration, repair, maintenance or operation of housing 403 projects and housing accommodations as council may determine. 404(Ord. No. 2013-3482, § 4, 12, 5-14-13) 405 406 2.11. - Ordinances. 407 a. Passage. 408 1. Procedure. Every ordinance shall be introduced in written or printed form, and, upon passage, shall 409 take effect at the time indicated therein; provided that any ordinance imposing a penalty, fine or 410 forfeiture for a violation of its provisions shall become effective not less than ten (10) days from 411 the date of its passage. The city secretary shall give notice of the passage of every ordinance 412 imposing a penalty, fine or forfeiture for a violation of the provisions thereof, by causing the 413 caption or title, including the penalty, of any such ordinance to be published in the official 414 newspaper in the city at least once within ten (10) days of its passage according to the provisions 415 of state law. He or she shall note on every ordinance, the caption of which is hereby required to be 416 published, and on the record thereof, the fact that same has been published as required by the 417 Charter, and the date of such publication and promulgation of such ordinance; provided, that the 418 provisions of this section shall not apply to the correction, amendment, revision and modification 419 of the ordinances of the city for publication in book or pamphlet form. Except as otherwise 420 provided in Article VII of this Charter, it shall not be necessary to the validity of any ordinance that 421 it shall be read more than one time or considered at more than one session of city council. Every 422 ordinance shall be authenticated by the signature of the mayor and city secretary and shall be 423 systematically recorded in an ordinance book in a manner approved by council. It shall only be 424 necessary to record the caption or title of ordinances in the official minutes of council meetings. 425 426 2. Codifications. Council shall have power to cause the ordinances of the city to be corrected, 427 amended, revised, codified and printed in code form as often as council deems advisable. Such 428 printed code, when adopted by council, shall be in full force and effect without the necessity of 429 publishing the same or any part thereof in a newspaper and shall be admitted in evidence in all 430 courts and places without further proof. 431 432 b. Enacting clause. The enacting clause of all ordinances shall be "BE IT ORDAINED BY THE CITY COUNCIL 433 OF THE CITY OF LA PORTE." 434(Ord. No. 2013-3482, § 13, 5-14-13) 435 436 ARTICLE III. - ADMINISTRATION 437 438 3.01. - City manager. 439 a. Appointment and qualifications. City council shall appoint a city manager, who shall be chosen solely 440 on the basis of his or her executive and administrative training, experience and ability. No member of 441 city council shall, during the term for which he or she is elected and for one year thereafter, be 442 appointed city manager. 443 444 b. Term and salary. The city manager may be appointed and removed at the will and pleasure of city 445 council by a vote of the majority of the entire city council. The action of city council in suspending or 446 removing the city manager shall be final, it being the intention of this Charter to vest all authority and 447 fix all responsibility of such action in city council. Council shall set a salary for the city manager as it 448 deems appropriate. 449 450 c. Duties. Except as provided elsewhere in this Charter, the city manager shall be the chief executive 451 officer and head of the administrative branch of the city government. He or she shall be responsible to 452 the council for the proper administration of all affairs of the city and to that end he or she shall have 453 power and be required to: 454 1. Devote all his or her working time and attention to the affairs of the city. 455 2. Appoint and, when necessary for the good of the city, remove all city officers and employees except 456 those for which this Charter provides otherwise. He or she may authorize the head of a department 457 to appoint and remove subordinates in such department. 458 3. Prepare the budget annually, submit it to council and be responsible for its administration after 459 adoption. 460 4. Prepare and submit to council, as of the end of the fiscal year, a complete report on the finances 461 and administrative activities of the city for the preceding year. 462 5. Keep council advised of the financial condition and future needs of the city and make such 463 recommendations as may seem to him or her desirable. 464 6. Perform such other duties as may be prescribed by this Charter or required of him or her by the 465 council, not inconsistent with this Charter. 466 467 d. Provisions for absence. Within thirty (30) days after taking office, the city manager shall designate by 468 letter filed with the city secretary a qualified administrative officer of the city to perform his or her 469 duties during his or her temporary absence or disability. Upon receipt of said letter, the city secretary 470 shall advise council of its contents. Said letter shall be in force and effect for the duration of the city 471 manager's employ or until he or she files another such letter. In the event of failure of the Manager to 472 make such designation, the Council may by resolution appoint an officer of the City to perform the 473 duties of the City Manager until the City Manager returns or his or her disability shall cease. 474 475 3.02. - Administrative departments. 476 a. Creation. There are hereby created the following administrative departments: Finance, police, fire, law, 477 public works, health, parks and recreation, planning, and water and sewer. 478 479 Council may by ordinance create or abolish offices, departments or agencies other than the offices, 480 departments or agencies established by this Charter. 481 482 b. Consolidation. Council may consolidate or redesignate any of the offices, departments and agencies. 483 484 c. Directors. The city manager shall appoint a director to supervise and control each department. When 485 necessary for the good of the city, the city manager may remove any such director. Such director shall 486 be an officer of the city and shall have supervision and control of his or her department, subject to the 487 supervision of the city manager. Two (2) or more departments may be headed by the same individual, 488 and directors of departments may also serve as chiefs of divisions. The city manager may head one or 489 more departments. 490 491 d. Divisions. The work of each administrative department may be distributed among divisions. 492(Ord. No. 2013-3482, § 14, 5-14-13) 493 494 3.03. - City secretary. 495 City council shall appoint a city secretary. The city secretary shall be appointed and removed at the will and 496 pleasure of city council by a vote of the majority of the entire city council. The city secretary shall be provided 497 space in the City Hall sufficient to maintain the records entrusted to the care of the city secretary, and shall be 498 entitled to a seat at the council table at all official meetings. The city secretary shall: 499 500 a. Give notice of council meetings. 501 502 b. Authenticate by his or her signature and record in full in a book kept and indexed for the purpose all 503 ordinances and resolutions. 504 505 c. Be the custodian of all municipal records. Recommend to the council rules and regulations to be 506 adopted by ordinances to protect the safety and security of all municipal records. 507 508 d. Hold and maintain the City Seal and affix to all instruments requiring such seal. 509 510 e. Administer oaths in any matter pertaining to municipal affairs and in accordance with state law. 511 512 f.The council shall set the compensation of the city secretary. 513 514 g. Perform such other duties as may be assigned by council, state law or elsewhere in this Charter. 515(Ord. No. 2013-3482, § 15, 5-14-13) 516 517 3.04. - Municipal court. 518 a. Establishment. There shall be established and maintained a municipal court with all powers and duties 519 as are now, or may hereafter be, prescribed by the laws of the State of Texas for municipal courts. 520 521 b. Municipal judge. City council shall appoint a competent attorney, duly licensed by the State of Texas, 522 to be judge of the municipal court. The municipal judge shall be appointed and removed at the will and 523 pleasure of city council by a vote of the majority of the entire city council. He or she shall serve at the 524 pleasure of council and shall receive compensation as may be fixed by council. 525 526 c. Alternate municipal judge. Council shall have the power to create and appoint additional judges as 527 provided by law. 528 529 d. Court clerk. Subject to the approval of the municipal judge, the city manager shall appoint a municipal 530 court clerk and deputy clerks. Said clerk or clerks shall have the power to administer oaths and 531 affidavits, make certificates, affix the seal of said court thereto and generally do and perform any and 532 all acts usual and necessary by clerks of court in conducting the business thereof. 533 534 e. Costs and fines. All costs and fines imposed by the municipal court, or any court in cases appealed from 535 its judgments, less those designated for the State of Texas, shall be paid into the city treasury for the 536 use and benefit of the city. 537(Ord. No. 2013-3482, § 14, 5-14-13) 538 State Law reference Municipal court, V.T.C.A., Government Code § 29.001 et seq. 539 540 3.05. - City attorney. 541 City council shall appoint a competent attorney, duly licensed by the State of Texas, to be city attorney and 542 head of the department of law. He or she shall be appointed and removed at the will and pleasure of council by 543 a majority vote of the entire council, and shall receive compensation as may be fixed by council. 544 545 The city attorney, or other attorneys selected by him or her with the approval of council, shall represent 546 the city in all litigation, provided that council may retain special counsel. He or she shall be the legal advisor of, 547 and attorney and counsel for, the city and all offices and departments thereof. 548(Ord. No. 2013-3482, § 14, 5-14-13) 549 550 ARTICLE IV. - BUDGET 551 552 State Law reference Budgets, V.T.C.A., Local Government Code § 102.001 et seq. 553 554 4.01. - Preparation and submission of budget. 555 At least forty-five (45) days prior to the beginning of each fiscal year, the city manager shall submit to council 556 a proposed budget with required attachments. For such purpose, at such date as he or she shall determine, he 557 or she shall obtain from the head of each office, department or agency estimates of revenue and expenditures 558 of that office, department or agency, detailed by organization units and character and object of expenditure, 559 and such other supporting data as he or she may request. In preparing the budget, the city manager shall review 560 the estimates, may hold hearings thereon and may revise the estimates, as he or she may deem advisable. 561 562 a. Contents of budget. The budget shall provide a complete financial plan for the fiscal year. It shall 563 contain the following: 564 1. A consolidated statement of revenues and expenditures for all funds. 565 2. An analysis of property valuations. 566 3. An analysis of tax rate. 567 4. Tax levies and tax collections by years for at least ten (10) years or for a number of years for which 568 records are available. 569 5. A detailed listing of the resources of each fund. 570 6. A summary of proposed expenditures within such funds by department, function and 571 classification. 572 7. A revenue and expense statement for all outstanding bonded debt. 573 8. A schedule of principal and interest on each issue of outstanding bonds showing rate of interest, 574 maturity dates and amount outstanding. 575 9. The appropriation ordinance. 576 10. The tax-levying ordinance. 577 578 b. Attachments to budget. 579 1. Budget message. The city manager shall prepare a budget message which shall be submitted with 580 the budget. It shall contain an outline of the proposed financial policies of the city for the fiscal 581 year and describe in connection therewith the important features of the budget plan. It shall set 582 forth the reasons for salient changes from the previous years in expenditures and revenue items 583 and shall explain any major changes in financial policy. 584 585 2. Supporting schedules. Attached to the budget shall be such supporting schedules, exhibits and 586 other explanatory material, in respect to both current operations and capital outlays, as the city 587 manager shall believe useful to council. 588 589 3. Comparison tables. The city manager may prepare tables in which various items may be compared 590 with those of previous years and shall attach such to the budget. 591 a. Anticipated revenues. In parallel columns opposite the several items of revenue, there shall 592 be placed the actual amount of such item for the first six (6) months of the current year, the 593 budgeted amount for the current fiscal year, and the proposed amount for the ensuing fiscal 594 year. 595 b. Proposed expenditures. The proposed expenditures for the administration, operation, 596 maintenance and capital outlay of each office, department or agency of the city shall be 597 itemized by character and object. In parallel columns opposite the various items of 598 expenditures, there shall be placed the actual amount of such items of expenditures for the 599 last completed fiscal year, the estimated amount for the current fiscal year and the proposed 600 amount for the ensuing fiscal year. 601 602 c. Balanced budget. The total estimated expenditures of the general fund and debt service fund shall not 603 exceed the total estimated resources of each fund (prospective income plus cash on hand). The 604 classification of revenue and expenditure accounts shall conform to the uniform classification as 605 promulgated by the Governmental Accounting Standards Board and Generally Accepted Accounting 606 Principles. 607(Ord. No. 2013-3482, § 16, 5-14-13) 608 609 4.02. - Availability of proposed budget. 610 The proposed budget and all attachments shall be a public record in the office of the city secretary, open 611 to public inspection. 612 613 4.03. - Budget adoption. 614 a. Publication of notice of public hearing. At the meeting of city council at which the budget and 615 attachments are submitted, council shall determine the place and time of the public hearing on the 616 budget, and shall cause to be published a notice of the place and time, not less than ten (10) days after 617 date of publication, at which council will hold a public hearing. 618 619 b. Public hearing. At the time and place so advertised, or at any time and place to which such public 620 hearing shall from time to time be adjourned, city council shall hold a public hearing on the budget as 621 submitted, at which all interested persons shall be given an opportunity to be heard, for or against the 622 estimates or any item thereof. 623 624 c. Vote required for adoption. The budget shall be adopted by the favorable votes of at least a majority 625 of all members of the whole council. 626 627 d. Adoption. The budget shall be finally adopted not later than the last day of the fiscal year. Should 628 council take no final action on or prior to such day, the budget as submitted by the city manager shall 629 be deemed to have been finally adopted by council. 630 Upon final adoption, the budget shall be in effect for the fiscal year. 631(Ord. No. 2013-3482, § 17, 5-14-13) 632 633 4.04. - Public record. 634 a. Filed. A copy of the budget as finally adopted shall be filed with the city secretary. 635 636 b. Availability. The final budget shall be printed or otherwise reproduced and sufficient copies shall be 637 made available for the use of offices, departments and agencies, and for the use of interested persons 638 and civic organizations. 639 640 4.05. - Effect of approved budget. 641 From the effective date of the budget: 642 a. The several amounts stated therein as proposed expenditures shall be and become appropriated to 643 the several objects and purposes therein named. 644 645 b. The amount stated therein as the amount to be raised by property tax shall constitute a determination 646 of the amount of the levy for the purposes of the city, in the corresponding tax year. 647 648 4.06. - Fiscal year defined. 649 The fiscal year of city government shall begin on the first day of October and end on the last day of 650 September of the succeeding calendar year. Such fiscal year shall also constitute the budget and accounting 651 year. 652 State Law reference Fiscal year, authority to establish, V.T.C.A., Local Government Code § 101.022. 653 654 ARTICLE V. - FINANCE ADMINISTRATION 655 656 State Law reference Financial matters, V.T.C.A., Local Government Code § 101.001 et seq. 657 658 5.01. - Division of taxation. 659 There shall be established in the department of finance a division of taxation. 660 661 a. Property subject to tax; method of assessment. All real and personal property within the city not 662 expressly exempted by law shall be subject to annual taxation at its true market value. 663 664 Each person, partnership and corporation owning property within the limits of the city shall on the first 665 day of January render an inventory of property possessed or controlled by him, her, or them to the 666 appraisal district as set forth in the Property Tax Code. 667 668 b. Payment of taxes. 669 1. When due and payable. All taxes due the city may be paid at any time after the tax rolls for the 670 year have been completed and approved, which shall be not later than October 15. Taxes shall be 671 paid before the first day of February (or the next business day if the first day of February is a 672 Saturday, Sunday or legal holiday) following the year for which the tax was levied, and all such 673 taxes not paid prior to such date shall be deemed delinquent and shall be subject to such penalty 674 and interest as provided by the Texas Property Tax Code. 675 676 2. Tax liens. The tax levied by the city is hereby declared to be a lien, charge or encumbrance upon 677 the property upon which tax is due, which lien, charge or encumbrance the city is entitled to 678 enforce and foreclose in any court having jurisdiction over the same, and the lien, charge and 679 encumbrance on the property in favor of the city, for the amount of taxes, penalties and interest 680 due on such property, is such as to give the state courts jurisdiction to enforce and foreclose said 681 lien on the property on which the taxes, penalties and interest is due, not only as against any 682 resident of this state or person whose residence is unknown, but also as against nonresidents. All 683 taxes upon real estate shall especially be a lien and a charge upon the property upon which the 684 taxes, penalties and interest are due, which lien may be foreclosed in any court having jurisdiction. 685(Ord. No. 2013-3482, § 18, 5-14-13) 686 Editor's note The references in this section to board of equalization are obsolete as city ad valorem taxes are 687 assessed and collected pursuant to V.T.C.A., Tax Code § 6.01 et seq. 688 689 5.02. - Purchase procedure. 690 All purchases made and contracts executed by the city shall be pursuant to a requisition from or charged to 691 a procurement card with the approval of the head of the office, department or agency whose appropriation will 692 be charged, and no contract or order shall be binding upon the city unless and until the city manager or designee 693 certifies that there is to the credit of such office, department or agency a sufficient unencumbered appropriation 694 and allotment balance to pay for the supplies, materials, equipment, or contractual services for which the 695 contract or order is issued. All purchases made and contracts executed by the city shall be made in accordance 696 with the requirements of this charter and all applicable requirements of the Constitution and Statutes of the 697 State of Texas. All contracts for purchases or expenditures must be expressly approved in advance by the 698 council, except that the council may by ordinance confer upon the city manager, general authority to contract 699 for expenditures without further approval of the council for all budgeted items the cost of which does not 700 exceed the constitutional and statutory requirements for competitive bidding. 701(Ord. No. 1676, § 1, 2-12-90/5-5-90; Ord. No. 1699, § 1, 5-7-90; Ord. No. 1700, 5-7-90; Ord. No. 2013-3482, § 702 19, 5-14-13) 703 704 Editor's noteThe city has exercised the option under V.T.C.A., Local Government Code § 252.002 to have the 705 requirements in V.T.C.A., Local Government Code § 252.021 which increased the requirements for competitive 706 sealed bids or proposals to expenditures of more than $15,000.00. 707 Code cross referencePurchases and contracts, § 2-82. 708 State Law reference Purchases, V.T.C.A., Local Government Code § 252.001 et seq. 709 710 5.03. - Alterations in contracts. 711 Procedures for making change orders or alterations in contracts shall be governed by the provisions 712 established in V.T.C.A. Texas Local Government Code for municipal purchasing. 713(Ord. No. 2013-3482, § 20, 5-14-13) 714 715 5.04. - Fees shall be paid to city. 716 All fees for city services received by any officer or employee shall belong to the city government and shall 717 be paid to the department of finance at such times as required by the director of the finance department. 718 719 720 721 722 5.05. - Disbursement of funds. 723All checks, vouchers or warrants for the withdrawal of funds from the city depository shall be executed in accord 724with the provisions of this Charter and shall be signed by the city manager or his or her deputy and counter-signed by a 725member of city council. 726 727 5.06. - Independent audit. 728 Prior to the end of each fiscal year, council shall designate a practicing certified public accountant, who is 729 licensed by the State of Texas, to make an independent audit of accounts and other evidences of financial 730 transactions of the city government and shall submit a report to council. Notice shall be given in accordance 731 with state law, if required. Such accountant shall have no personal interest, direct or indirect, in the fiscal affairs 732 of the city government. He or she shall not maintain any accounts or records of the city business, but, within 733 specifications approved by council, shall post-audit the books and documents kept by the department of finance 734 and any separate or subordinate accounts kept by any other office, department or agency of the city 735 government. The annual financial statement, including auditor's opinion on the statement, shall be filed in the 736 office of the municipal secretary within 180 days after the last day of the municipality's fiscal year. The finance 737 statement is a public record. 738(Ord. No. 2013-3482, § 22, 5-14-13) 739 State Law reference Audit, V.T.C.A., Local Government Code § 103.001 et seq. 740 741 5.07. - Appropriations lapse at end of year. 742 All appropriations shall lapse at the end of the budget year to the extent that they shall not have been 743 expended or lawfully encumbered. 744 745 ARTICLE VI. - INITIATIVE, REFERENDUM AND RECALL 746 747 6.01. - Power of initiative. 748 The registered voters of the city shall have power to propose ordinances to the council and, if the council 749 fails to adopt an ordinance so proposed without any change in substance, to adopt or reject such ordinance at 750 a city election, such power known as the initiative, but such power shall not extend to the budget or capital 751 program, granting of franchises, or any ordinance relating to appropriation of money, levy of taxes or salaries 752 of city officers or employees, or in conflict with this Charter, or the Constitution and laws of the State of Texas. 753 754 6.02. - Power of referendum. 755 The qualified voters shall have power to approve or reject at the polls any ordinance passed by council, 756 or submitted by council to a vote of the qualified voters, such power being known as the referendum, but such 757 power shall not extend to the budget, capital program, granting of franchises, or ordinance relating to 758 appropriation of money or levying of taxes, or the preservation of public peace, health, or safety under 759 emergency conditions. Ordinances submitted to council by initiative petition and passed by council without 760 change shall be subject to the referendum in the same manner as the other ordinances. 761 762 763 6.03. - Procedure for initiative or referendum petition. 764 a. Form of petition. 765 1. Text. Initiative petition signature pages shall contain the full caption of the proposed ordinance. 766 The full text of the proposed ordinance shall be attached to the petition signature pages in order 767 that it may be inspected before the petition is signed. 768 2. Signatures. 769 a. The signatures to initiative or referendum petitions need not all be appended to one paper, but 770 to each separate petition there shall be attached a statement of the circulator thereof as 771 provided by this section. Each signer of any petition paper shall sign his or her name and shall 772 indicate after his or her name his or her place of residence by street and number, or other 773 description sufficient to identify the place. 774 b. The petition shall be signed by a minimum of five hundred (500) registered voters of the city. 775 776 3. Affidavit. Attached to each separate petition paper there shall be an affidavit of the circulator 777 thereof that he or she, and he or she only, personally circulated the foregoing paper, that it bears 778 a stated number of signatures, that all signatures appended thereto were made in his or her 779 presence, and that he or she believes them to be genuine signatures of the persons whose names 780 they purport to be. 781 782 b. Submission of petition. 783 1. Filing. All petition papers comprising an initiative or referendum petition shall be assembled and 784 filed with the city secretary as one instrument. 785 786 2. Examination. Within twenty (20) days after a petition is filed, the city secretary shall determine 787 whether each paper of the petition has a proper statement of the circulator and whether the 788 petition is signed by a sufficient number of qualified voters. The city secretary shall declare any 789 petition paper entirely invalid which does not have attached thereto an affidavit signed by the 790 circulator thereof. If a petition paper is found to be signed by more persons than the number of 791 signatures certified by the circulator, the last signatures in excess of the number certified shall be 792 disregarded. If a petition paper is found to be signed by fewer persons than the number certified, 793 the signatures present shall be accepted unless void on other grounds. 794 795 3. Certification. 796 a. Procedure. After completing his or her examination of the petition, the city secretary shall 797 certify the result thereof to city council at its next regular meeting. If he or she shall certify that 798 the petition is insufficient, he or she shall set forth in his or her certificate the particulars in 799 which it is defective and shall at once notify the circulators of his or her findings. 800 b. Effect. When a referendum petition or amended petition has been certified as sufficient by the 801 city secretary, the ordinance specified in the petition shall not go into effect, or further action 802 thereunder shall be suspended if it shall have gone into effect, until and unless approved by 803 the voters, as hereinafter provided. 804 805 c. Amendment of petition. An initiative or referendum petition may be amended at any time 806 within ten (10) days after the notification of insufficiency has been sent by the city secretary, 807 by filing a supplementary petition upon additional papers signed and filed as provided in case 808 of an original petition. The city secretary shall, within five (5) days after such an amendment is 809 filed, make examination of the amended petition and, if the petition be still insufficient, he or 810 she shall file his or her certificate to that effect in his or her office and notify the circulators of 811 his or her findings and no further action shall be had on such insufficient petition. 812 813 d. Refiling not prejudiced. The finding of the insufficiency of a petition shall not prejudice the filing 814 of a new petition for the same purpose. 815(Ord. No. 2013-3482, § 23, 5-14-13) 816 817 6.04. - Consideration of referendum or initiative by council. 818 Whenever city council receives a certified initiative or referendum petition from the city secretary, it shall 819 proceed at once to consider such petition and shall take final action on it within sixty (60) days after the date on 820 which it was submitted to council. 821 822 a. Initiative. A proposed initiative ordinance shall be read and provision made for a public hearing on such 823 before the time set for final action. 824 825 b. Referendum. A referred ordinance shall be considered by council and its final vote upon such 826 reconsideration shall be upon the question, "Shall the ordinance in the referendum petition be 827 repealed?" 828 829 6.05. - Election on referendum or initiative. 830 a. Submission to qualified voters. If council shall fail to pass an ordinance proposed by initiative petition 831 or shall pass it in a form different from that set forth in the petition therefor, or if council fails to repeal 832 a referred ordinance, the proposed or referred ordinance shall be submitted to the qualified voters on 833 the next election day as established by the laws of the State of Texas. Council may, in its discretion, and 834 if no regular election is to be held on such day shall, provide for a special election. 835 836 b. Form of ballot. Ordinances submitted to vote of electors in accordance with this article shall be 837 submitted by ballot title, which shall be prepared in all cases by the city attorney. The ballot title may 838 be different from the legal title of any such initiated or referred ordinance and shall be a clear, concise 839 statement, without argument or prejudice, descriptive of the substance of such ordinance. Below the 840 ballot title shall appear the following propositions, one preceding the other, in the order indicated: 841"FOR THE ORDINANCE" and "AGAINST THE ORDINANCE." 842 843 Any number of ordinances may be voted on at the same election and may be submitted on the same 844 ballot, but any paper ballot used for voting thereon shall be for that purpose only. 845 846 c. Results. If a majority of the qualified voters voting on a proposed initiative ordinance shall vote in favor 847 thereof, it shall thereupon be an ordinance of the city. A referred ordinance which is not approved by 848 a majority of the electors voting thereon shall thereupon be deemed repealed. If conflicting ordinances 849 are approved by the electors at the same election, the one receiving the greatest number of affirmative 850 votes shall prevail to the extent of such conflict. 851(Ord. No. 2013-3482, § 23, 5-14-13) 852 853 6.06. - Amendment of initiative or referendum ordinances. 854 Initiative and referendum ordinances adopted or approved by the voters shall be published, and may be 855 amended or repealed by council, as in the case of other ordinances. 856 857 6.07. - Power of recall. 858 The mayor or any councilperson may be removed from office by recall. No recall petition shall be filed 859 against the mayor or a councilperson within six (6) months after he or she takes office nor in respect to an officer 860 subjected to a recall election and not removed thereby, until at least six (6) months after such election. 861 862 6.08. - Procedure for recall petition. 863 a. Affidavit. Any qualified voter of the city may make and file with the city secretary an affidavit containing 864 the name or names of the officer or officers whose removal is sought and a statement of the grounds 865 for removal. For the recall of a district councilperson, the voter filing the affidavit must reside in that 866 867 868 b. Petition blanks. Upon receipt of said affidavit, the city secretary shall deliver to said qualified voter 869 copies of petition blanks demanding such removal. The city secretary shall keep a sufficient number of 870 printed petition blanks on hand for distribution. Such blanks when issued shall: 871 1. Be signed by the city secretary. 872 2. Be addressed to city council. 873 3. Be numbered and dated. 874 4. Indicate the name of the person to whom issued. 875 5. Indicate the name of the officer whose removal is sought. 876 6. Indicate the number of such blanks issued. 877 878 The city secretary shall enter in a record to be kept in his or her office the name of the qualified voter to 879 whom the petition blanks were issued and the number issued to said person. 880 881 c. Return of petition. To be effective, the recall petition must: 882 1. For the recall of the Mayor or a Councilperson elected at large, the petition must be signed by a 883 minimum of one thousand (1,000) registered voters of the city. For the recall of a district 884 councilperson, the petition must be signed by a minimum of two hundred fifty (250) registered 885 886 887 2. Be returned and filed with the city secretary within thirty (30) days after the filing of the affidavit 888 required in section 6.08.a. 889(Ord. No. 2013-3482, § 23, 5-14-13) 890 891 6.09. - Recall election. 892 a. Submission. The city secretary shall at once examine the recall petition and, if he or she finds it 893 sufficient and in compliance with the provisions of this article, he or she shall within five (5) days submit 894 it to city council with his or her certificate to that effect and notify the officer sought to be recalled of 895 such action. If the officer whose removal is sought does not resign within five (5) days after such notice, 896 council shall thereupon order and fix a date for holding a recall election. Any such election shall be held 897 at the next election day as established by the laws of the State of Texas. 898 899 b. Ballots. Ballots used at recall elections shall conform to the following requirements: 900 1. With respect to each person whose removal is sought the question shall be submitted "Shall (name 901 of person) be removed from the office of (name of office) by recall?" 902 903 2. Immediately below each such question there shall be printed the two (2) following propositions, 904 one above the other, in the order indicated: 905 906"For the recall of (name of person)" 907"Against the recall of (name of person)." 908 909 c. Results. If a majority of the votes cast at a recall election shall be against the recall of the officer named 910 on the ballot, he or she shall continue in office for the remainder of his or her unexpired term, subject 911 to recall as before. If a majority of the votes at such an election be for the recall of the officer named 912 on the ballot, he or she shall, regardless of any technical defects in the recall petition, be deemed 913 removed from office and the vacancy shall be filled as in other vacancies. 914 915 6.10. - Should city council fail or refuse to order any of the elections as provided for in this article, when all the 916 requirements for such election have been complied with by the petitioning voters in conformity with this article 917 of the Charter, then judicial relief may be sought with the appropriate court for issuance of a writ of mandamus 918 to compel compliance with the provisions of this article. 919 920 ARTICLE VII. - FRANCHISES AND PUBLIC UTILITIES 921 922 State Law reference Franchises, Vernon's Ann. Civ. St. art. 1175; franchise to use streets, V.T.C.A., 923 Transportation Code § 311.071 et seq. 924 925 7.01. - Enfranchisement. 926 a. Power of council. City council shall have power by ordinance to grant, amend, renew and extend all 927 franchises of all public utilities of every character operating within the city. All ordinances granting, 928 amending, renewing or extending franchises for public utilities shall not be finally passed until thirty 929(30) days after the first reading; and no such ordinance shall take effect until sixty (60) days after its 930 final passage; and pending such time, the notice and caption of such ordinance, noting the place where 931 the full text may be examined by the public, shall be published once each week for four (4) consecutive 932 weeks in the official newspaper of the city, and the expense of such publication \[is\] to be borne by the 933 proponent of the franchise. No public utility franchise shall be transferable except with the approval 934 of council expressed by ordinance. 935 936 b. Extensions. All extensions of public utilities within the city limits shall become a part of the aggregate 937 property of the public utilities, shall be operated as such, and shall be subject to all the obligations and 938 reserved rights contained in this Charter and in any original grant hereafter made. The right to use and 939 maintain any extension shall terminate with the original grant and shall be terminable as provided in 940 section 7.02a. In case of an extension of a public utility operated under a franchise hereafter granted, 941 such right shall be terminable at the same time and under the same conditions as the original grant. 942 943 c. Other conditions. All franchises heretofore granted are recognized as contracts between the city and 944 the grantee, and the contractual right as contained in any such franchises shall not be impaired by the 945 provisions of this Charter, except that the power of the city to exercise the right of eminent domain in 946 the acquisition of any utility property is in all things reserved, and except the general power of the city 947 heretofore existing and herein provided for to regulate the rates and services of the grantee which 948 shall include the right to require proper and adequate extension of plant and service and the 949 maintenance of the plant and fixtures at the highest reasonable standard of efficiency. 950 951 Every public utility franchise hereafter granted shall be held subject to all the terms and conditions 952 contained in the various sections of this article whether or not such terms are specifically mentioned 953 in the franchise. 954 955 When the city chooses to exercise its power of eminent domain to acquire any public utility, the 956 procedure to be used in such acquisition shall be as set forth in V.T.C.A., Property Code §§ 21.011 to 957 21.065, inclusive. In valuing the property, the measure of damages shall be the fair market value of the 958 physical properties taken together as one system. This power shall be in addition to and cumulative of 959 any other powers of acquisition granted to or reserved by the city in a franchise ordinance. 960 961 Prior to the purchase of any existing franchised utility system, either according to the terms of the 962 franchise or by eminent domain, city council shall submit the question of purchase to the voters of the 963 city, and such must be approved by a majority of those voting. 964 965 Nothing in this Charter shall operate to limit in any way, as specifically stated, the discretion of council 966 or the electors of the city in imposing terms and conditions as may be reasonable in connection with 967 any franchise grant. 968(Ord. No. 2013-3482, § 4, 5-14-13) 969 970 7.02. - Regulation. 971 a. Right of regulation. All grants, renewals, extensions or amendments of public utility franchises, 972 whether it be so provided in the ordinance or not, shall be subject to the right of the city: 973 974 1. To repeal the same by ordinance at any time for failure to begin construction or operation within 975 the time prescribed or otherwise to comply with the terms of the franchise, such power to be 976 exercised only after due notice and hearing. 977 978 2. To require an adequate extension of plant and service, and the maintenance of the plant and 979 fixtures at the highest reasonable standard of efficiency. 980 981 3. To establish reasonable standards of service and quality of products and prevent unjust 982 discrimination in service of rates. 983 984 4. To prescribe the form of accounts kept by such utility. If the franchise does not prescribe the form 985 of accounts kept by a utility, then it shall keep its accounts in accordance with the utility system of 986 accounts for said utility prescribed by the appropriate state and federal utility regulatory agencies. 987 988 5. To examine and audit the accounts and other records of any such utility at any time and to require 989 annual and other reports, including reports on local operations by each such public utility. 990 991 6. To impose such reasonable regulations and restrictions as may be deemed desirable or conducive 992 to the safety, welfare and accommodation of the public. 993 994 7. To at any time require such compensation and rental as may be permitted by the laws of the State 995 of Texas. 996 997 b. Regulation of rates and service. Council shall have full power, after due notice and hearing, to regulate 998 by ordinance the rates and service of every public utility operating within the city. Such power shall be 999 subject to the exercise of power in each area of each utility by the appropriate agencies of state and 1000 federal government. 1001 1002 7.03. - Franchise records. 1003 Within six (6) months after this Charter takes effect, every public utility and every owner of a public utility 1004 franchise shall file with the city, as may be prescribed by ordinance, certified copies of all franchises owned or 1005 claimed, or under which such utility is operated in the city. 1006 1007 The city shall compile and maintain a public record of public utility franchises. 1008 1009 7.04. - Accounts of municipality-owned utilities. 1010 Accounts shall be kept for each public utility owned or operated by the city, in such manner as to show the 1011 true and complete financial results of such city ownership and operation, including all assets, appropriately 1012 subdivided into different classes, all liabilities subdivided by classes, depreciation, reserve, other reserves and 1013 surplus, also revenues, operating expenses, including depreciation, interest payments, rental and other 1014 disposition of annual income. The accounts shall show the actual capital cost to the city of each public utility 1015 owned, also the cost of all extensions, additions and improvements, and the source of the funds expended for 1016 such capital purposes. They shall show as nearly as possible the cost of any service furnished to or rendered by 1017 any such utility to any other city or governmental department. City council shall annually cause to be made by 1018 a licensed certified public accountant and shall publish a report showing the financial results of such city 1019 ownership and operation, giving the information specified in this section or such data as council shall deem 1020 expedient, in accordance with section 5.08. 1021 1022 7.05. - Franchise value disallowed. 1023 The value of the franchise granted by the city shall not be included in fixing reasonable rates and charges 1024 for utility service within the city or in determining the just compensation to be paid by the city for public utility 1025 property which may be acquired by eminent domain or otherwise. 1026 1027 7.06. - Consent of property owners. 1028 The consent of abutting and adjacent property owners shall not be required for the construction, extension, 1029 maintenance or operation of any public utility; but nothing in this Charter or in any franchise granted thereunder 1030 shall be construed to deprive any such property owner of any rights of action for damage or injury to his or her 1031 property as now or hereafter provided by law. 1032 1033 1034 1035 1036 ARTICLE VIII. - GENERAL PROVISIONS 1037 1038 8.01. - Publicity of records. 1039 The public records of the City shall be available to the public subject to the procedures and applicable 1040 exceptions established in the Texas Public Information Act. The City Council may adopt regulations for the 1041 enforcement of this provision, as necessary. 1042 8.02. - Employers and officers. 1043 1044 a. Personal financial interest. All members of the City Council, and all officers and employees of the City, 1045 having a financial interest in any contract or sale to the city of land, material, supplies or services shall 1046 be subject to and shall comply with applicable state law governing conflicts of interest, including but 1047 not limited to Texas Local Government Code Chapters 171 and 176. The City Council may adopt 1048 regulations for the enforcement of this provision, as necessary. 1049 1050 b. Employment interest. No one who has been elected to city office shall be employed in a nonelective 1051 office by the city within the term for which he or she was elected or for one year thereafter. 1052 1053 c. Nepotism. No person related, within the second degree by affinity or within the third degree by 1054 consanguinity, to the mayor or any councilperson or to the city manager, shall be employed in any 1055 office, position or clerkship of the city. This prohibition shall not apply to or prevent the appointment, 1056 voting for, or confirmation of any person who shall have been continuously employed in any office, 1057 position, or clerkship for the following period prior to the election or appointment, as applicable, of 1058 the city council member or city manager related to such employee in the prohibited degree: 1) at least 1059 30 days, if related to the city manager; or 2) at least six months, if related to a member of city council. 1060 1061 d. Bonds. Council may by general ordinance require bonds of any municipal officers and employees who 1062 receive or pay out any monies of the city. The amount of such bonds shall be determined by council 1063 and the cost thereof borne by the city. 1064 1065 e. Oath of office. Elected and appointed officers. All officers of the city shall, before entering upon the 1066 duties of their respective offices, take and subscribe to the official oath prescribed in the Constitution 1067 of the State of Texas. 1068 1069 f. Discharge. Council shall be authorized to discharge at any time, with or without a hearing, as council 1070 may elect, any officer, employee or clerk which it appoints. 1071 1072 The city manager shall be authorized to discharge at any time, with or without a hearing, as the city 1073 manager may elect, any officer, employee or clerk which he or she appoints. 1074 1075 g. Injuries; insurance. City council shall have authority to provide the rules and regulations for 1076 maintaining employees when injured and disabled while performing their duties, and it may provide 1077 for such plan of insurance as it deems proper. 1078 1079 h. Pensions. City council may establish a pension plan for any employee, or may adopt in lieu thereof any 1080 pension system available to cities under state law. 1081(Ord. No. 2013-3482, § 24, 5-14-13) 1082 1083 8.03. - Assignment, execution and garnishment of city property. 1084 The property, real and personal, belonging to the city shall not be liable to be sold or appropriated under 1085 any writ of execution or cost bill. The funds belonging to the city, in the hands of any person, firm or corporation, 1086 shall not be liable to garnishment, attachment or sequestration; nor shall the city be liable to garnishment on 1087 account of any debt it may owe or funds or property it may have on hand or owing to any person. Neither the 1088 city nor any of its officers or agents shall be required to answer any such writ of garnishment on any account 1089 whatever. The city shall not be obligated to recognize any assignment of wages or funds by its employees, agents 1090 or contractors. 1091 1092 8.04. - City not required to give security or execute bond. 1093 It shall not be necessary in any action, suit or proceeding in which the city is a party for any bond, 1094 undertaking or security to be demanded or executed by or on behalf of said city in any court, but in all such 1095 actions, suits, appeals or proceedings, same shall be conducted in the same manner as if such bond, undertaking 1096 or security had been given as required by law, and said city shall be as liable as if security of bond had been duly 1097 executed. 1098 1099 8.05. - Effect of this Charter on existing law. 1100 All ordinances, resolutions, rules and regulations now in force under the city government of the city and 1101 not in conflict with the provisions of this Charter shall remain in force under this Charter until altered, amended 1102 or repealed by city council after this Charter takes effect; and all rights of the city under existing franchises and 1103 contracts are preserved in full force and effect to the city, and any unissued bonds and revenue bonds, or 1104 installments thereof, heretofore authorized at an election held in said city shall not be affected by the adoption 1105 of this Charter, but the right to sell, issue and deliver same, in whole or in part, in keeping with the provisions 1106 of the laws under which they were voted is hereby expressly reserved. 1107 1108 8.06. - Amending this Charter. 1109 1110 a. This Charter shall be the subject of a mandatory review at least every ten (10) years. Amendments to 1111 the Charter may be proposed and submitted to the qualified voters of the City in the manner provided in 1112 state law. 1113 Each amendment submitted shall contain only one subject and shall be printed separately on the ballot, 1114 each proposed amendment being followed by designations for the voter to vote for the amendment or 1115 against the amendment. 1116 1117 Each proposed amendment, if approved by the majority of the qualified voters voting at said election, shall 1118 become a part of the Charter. The city secretary shall enter notice into the records of the city declaring the 1119 same adopted. 1120 1121 b. This section is subject to the provisions of V.T.C.A., Local Government Code §§ 9.04 and 9.05, and 1122 V.T.C.A., Election Code § 41.001 et seq. 1123(Ord. No. 2013-3482, § 4, 23, 25, 5-14-13) 1124 1125 8.07. - Severability clause. 1126 If any section or part of section of this Charter shall be held invalid by a court of competent jurisdiction, 1127 such holding shall not affect the remainder of this Charter nor the context in which such section or part of 1128 section so held invalid may appear, except to the extent that an entire section or part of section may be 1129 inseparably connected in meaning and effect with the section or part of section to which such holding shall 1130 directly apply. 1131 1132 8.08. - References to laws. 1133 All references within this Charter to laws of the State of Texas or of the United States are to be construed 1134 as meaning such laws as now or hereafter amended or superseded. 1135 1136 8.09. - Approval of this Charter. 1137 a. Copies to electors. In not less than thirty (30) days prior to the election provided in subsection b., the 1138 city commission shall cause the city clerk to mail a copy of this Charter to each qualified voter of the 1139 city, as listed on the current voter registration list. 1140 1141 b. Submission of Charter to electors. The charter committee in preparing this comprehensive Charter 1142 amendment finds and decides that it is impracticable to segregate each subject so as to permit a vote 1143 of "yes" or "no" on the same, for the reason that the Charter is so constructed that in order to enable 1144 it to work and function, it is necessary that the comprehensive amendment be adopted in its entirety. 1145 For these reasons the charter committee directs that said amended Charter be voted upon as a whole 1146 and that it shall be submitted to the qualified voters of the city at an election to be held for that purpose 1147 on the 9th day of August, 1980. 1148 1149 The form of ballot to be used in such election shall be as follows: 1150 FOR THE ADOPTION OF THE AMENDED CHARTER. 1151 AGAINST THE ADOPTION OF THE AMENDED CHARTER. 1152 1153 c. Results of vote for adoption. If a majority of the qualified electors voting in such election shall vote in 1154 favor of the adoption of the Charter, and after the returns have been canvassed, the city clerk shall file 1155 an official copy of the Charter with the records of the city. The city commission shall at its next meeting 1156 declare this Charter adopted. The clerk shall furnish the mayor a copy of said Charter, which copy of 1157 the Charter so adopted, authenticated and certified by his or her signature and the seal of the city, 1158 shall be forwarded by the mayor to the Secretary of State of the State of Texas and shall show the 1159 approval of such Charter by majority vote of the qualified voters voting at such election. 1160 1161 8.10. - Provisions for transition. 1162 a. Tenure of officers during transition. From and after the date of the adoption of this Charter and until 1163 the completion of the first election under this Charter to be held on the first Saturday in April, 1981, 1164 and the qualification of the councilpersons therein elected, the present qualified and acting 1165 commissioners and mayor shall constitute city council. Such city council shall possess all the powers 1166 provided by this Charter. 1167 1168 After said election and until the election to be held on the first Saturday in April, 1982, and the 1169 qualification of the councilpersons and mayor therein elected, the present qualified and acting 1170 commissionerPosition 2 shall serve as councilperson-at-largePosition A; the present qualified and 1171 acting commissionerPosition 4 shall serve as councilperson-at-largePosition B; and the present 1172 qualified and acting mayor shall serve as mayor. These councilpersons and mayor, along with the 1173 councilpersons elected and qualified as provided in subsection b, below, shall, for the duration of their 1174 terms of office, compose city council and shall possess all the powers provided by this Charter. 1175 1176 b. Original election of mayor and councilpersons. Councilpersons representing districts shall be elected 1177 at the election to be held on the first Saturday in April, 1981, for terms of office as follows: 1178 CouncilpersonDistrict 1, three-year term 1179 CouncilpersonDistrict 2, one-year term 1180 CouncilpersonDistrict 3, one-year term 1181 CouncilpersonDistrict 4, two-year term 1182 CouncilpersonDistrict 5, two-year term 1183 CouncilpersonDistrict 6, three-year term. 1184 1185 Councilpersons-at-large and the mayor shall be elected at the election to be held on the first Saturday in 1186 April, 1982, for terms of offices as follows: 1187 Councilperson-at-largePosition A, one-year term 1188 Councilperson-at-largePosition B, two-year term 1189 Mayor, three-year term. 1190 1191 Following these terms of office, all councilpersons and the mayor shall be elected to three-year terms, 1192 according to the provisions of Article II of this Charter. 1193___________________________ 1194 Charter amended by election in 1959 1195 Failed amendment elections 1971 and 1975 1196 Amended by election May 21, 1980 1197 Amended by election May 5, 1990 1198 Amended by election May 11, 2013 1199 Amended by election May 5, 2018 1200 CHARTER COMPARATIVE TABLE (to be updated) 1201 1202 This table shows the location of the sections of the basic \[1949\] Charter and any amendments. Ordinance Adoption Election Section Section Number Date Date this Charter 1216 5/21/80 8/9/80 1 Arts. IVIII 1676 2/12/90 5/5/90 1A 5.02 1699 5/7/90 1 5.02 1700 5/7/90 1 5.02 2013-3482 5/14/13 5/11/13 4 1.03, 1.05, 2.10, 7.01, 8.01, 8.06 5 1.03 6 1.06, 2.02, 2.04 2018-3696 5/5/2018 2.02(a) 7 2.01, 2.03 8 2.05 9 2.06 10 2.07 11 2.08 12 2.09, 2.10 13 2.11 14 3.02, 3.04, 3.05 15 3.03 16 4.01 17 4.03 18 5.01 19 5.02 20 5.03 21 5.05 22 5.07 23 6.016.03, 6.05, 6.08, 8.06 24 8.02 25 8.06 1203 ORDINANCE 2021-3814 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS ORDERING A ST SPECIAL ELECTION TO BE HELD ON THE 1 DAY OF MAY, 2021, FOR THE PURPOSE OF ADOPTING OR REJECTING PROPOSED AMENDMENTS TO THE LA PORTE, TEXAS, HOME RULE CITY CHARTER, CONCURRENT WITH THE REGULAR MUNICIPAL ELECTION FOR CITY COUNCIL MEMBERS; PROVIDING FOR THE PUBLICATION AND POSTING OF NOTICE; DESIGNATING THE PLACES AND MANNER OF HOLDING THE ELECTION; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING FOR PUBLIC NOTICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 24, 2020, the City Council of the City of La Porte authorized the creation of the 2020 Charter Review Commission composed of citizens appointed by the City Council, charging it with review of the City of La Porte Home Rule Charter and to return to the City Council with proposed amendment propositions; and WHEREAS, on January 11, 2021, the La Porte City Council was briefed on and considered the recommendations of the 2020 Charter Review Commission of La Porte for adoption of proposed amendments to the La Porte Home Rule Charter; and WHEREAS, the City Council of the City of La Porte, Texas, after considering the recommendations of the 2020 Charter Review Commission of La Porte, has on its own motion determined to submit to the qualified voters for adoption or rejection of certain proposed amendments to the existing Home Rule Charter of the City of La Porte, Texas, pursuant to Section 9.004(a) of the Texas Local Government Code; and WHEREAS, the City Council of the City of La Porte, Texas, hereby calls a special election to allow the voters to determine whether the Charter should be amended as hereinafter set out; and WHEREAS, Section 9.004 of the Texas Local Government Code provides that a charter amendment election shall be held not less than thirty (30) days after the passage of the ordinance calling for charter amendments; and WHEREAS, Section 9.004 of the Texas Local Government Code provides that the charter amendment election shall be held on the first authorized uniform election date prescribed by the Texas Election Code or the earlier of the next general municipal election or the next Presidential election; and WHEREAS, the City of La Porte is holding a general municipal election for election of City Council members on May 1, 2021, which is the earliest available date to hold a special election for consideration of proposed charter amendments. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. That the facts and recitations contained in the preamble of this Ordinance are hereby found and declared to be true and correct legislative findings and are adopted as part of this Ordinance for all purposes. st Section 2. That a special election is hereby ordered to be held in the City of La Porte, Texas, on the 1 day of May, 2021, , pursuant to the laws of the State of Texas and the Charter of the City of La Porte, Texas. Said election shall be held for the purpose of adopting or rejecting proposed amendments to the City of La Porte, Texas, Home Rule Charter. Section 3. 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: City District/ City Election Precinct Polling Location 1, 2, 3, and 6 te, 77571 4 and 5 City of La Porte City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, 77571 Section 4. 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 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. 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 19, 2021, and continuing through Tuesday, April, 27, 2021, with the exception of Tuesday, April 20, 2021, and Tuesday, April 27, 2021, in which case early voting hours shall be from 7:00 a.m. to 7:00 p.m. Section 5. 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 6. That said special election shall be held in conjunction with the regularly scheduled City Council election on said same date for the purpose of submitting to the voters of the City of La Porte, Texas, the following propositions for amendments to the Home Rule Charter of the City of La Porte, Texas. The official ballots to be used in the special election shall comply with the applicable provisions of the Texas Election Code, shall state each proposed amendment separately and distinctly so that the voters shall pass upon each amendment separately and such provisions, markings, and language as may be required by law; and the propositions shall be set forth on said ballots in substantially the following form and language: CITY OF LA PORTE PROPOSITION A Shall Article I, Section 1.03. Modification of city boundaries., be amended to provide that the authority to fix the boundary limits of the city and to annex property, and the procedures for taking such action, shall be in accordance with the laws and constitution of the state, and additionally, that a public hearing shall be required before the disannexation of territory from the city? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION B Shall Article I, Section 1.05. Powers of the city. b. Enumerated powers. 4. Garbage disposal. be amended by removing rubbish and inserting other waste, in order to clarify that the City Council has authority to adopt regulations for the removal of categories of waste, including hazardous items? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION C Shall Article I, Section 1.05 Powers of the city. b. Enumerated powers. 5. Nuisances, etc., be amended by removing to inspect dairies, slaughter pens, and slaughterhouses inside and outside the limits of the city, from which meat or milk is furnished to the inhabitants of the city due to the fact that this activity is regulated at the county and state level? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION D Shall Article I, Section Amending Article II, Section 2.02. Qualifications. A. Enumerated. be amended by residentin place of qualified voterto conform the Charter to state law? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION E Shall Article II, Section 2.02 Qualifications. A. Enumerated. be amended by In addition thereto, each candidate for public office must be a qualified voter of the city, must file a sworn application with the city secretary in accordance with state law, and file for only one city office, and removing same from Article II, Section 2.04, in order to place such wording under the proper subject heading? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION F Shall Article II, Section 2.02 Qualifications. b. Council to be judge of members' qualifications. be amended by adding wording establishing procedures and guidelines for City Council to remove a member of City Council for conduct constituting forfeiture of office under the La Porte Charter? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION G Shall Article II, Section 2.03. Conduct of elections. be amended by inserting existing wording located in Section 2.04.d, which readOfficial ballots. Official ballots shall be prepared in accordance with state law Canvassing elections. Election returns shall be canvassed in accordance with state law order to place such wording under the proper subject heading? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION H Shall Article II, Section 2.04. - Vacancies in city council. be amended by expanding Section 2.04 to specify under what circumstances the office of Mayor or of a Councilmember becomes vacant, what actions of the Mayor or a Councilmember constitute forfeiture of office, actions resulting in resignation from office, and the process for filing vacancies? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION I Shall Article II, Section 2.06. - First meeting of council after canvass. be amended to allow newly elected members of the City Council to qualify and assume the duties of office as soon as allowable under state law, rather than at the first meeting of City Council after the canvassing of the election? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION J Shall Article II, Section 2.07. Meetings. a. Frequency. be amended to provide that special meetings of the City Council can be called only by the Mayor, the City Manager, or at the request of three (3) members of City Council? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION K Shall Article II, Section 2.09. Powers of council. j. be amended by removing the term assessment rolls and replacing with certified appraisal rollsin both places where it appears, to conform the La Porte Charter to terminology used in state law? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION L Shall Article II, Section 2.09. Powers of council., Subsection k., related to City Council approval of expenditures from a contingent appropriation, be removed on the basis that such section as unnecessary and redundant? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION M Shall Article II, Section 2.10. Additional discretionary powers. Subsection b. Hospital, related to authority of the City to own and operate a hospital and manage the finances of same, be amended by removing this subsection in its entirety, as unnecessary? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION N Shall Article III, Section 3.01. City manager. d. Provisions for absence. be amended by adding wording giving the City Council authority to appoint an officer of the City to perform the duties of City Manager, should the City Manager fail to designate a person to perform his or her duties in the event of absence or disability? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION O Shall Article III, Section 3.03. City secretary. be amended to provide that the city secretary shall be appointed and removed by the city council only by a vote of the majority of the entire city council? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION P Shall Article III, Section 3.04. Municipal court. b. Municipal judge. be amended to provide that the municipal court judge shall be appointed and removed by the city council only by a vote of the majority of the entire city council? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION Q Shall Article IV, Section 4.01. - Preparation and submission of budget. a. Contents of budget. 1. be amended by receipts and inserting in its place revenues order to replace antiquated terminology? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION R Shall Article IV, Section 4.02. - Availability of proposed budget. be amended by The city manager shall cause sufficient copies of such to be prepared for distribution to interested persons due to the fact that a copy of the budget can be prepared for interested persons on request? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION S Shall Article IV, Section 4.04. Public record. b. Availability. be amended by removing the word mimeographed, due to being obsolete? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION T Shall Article V, Section 5.01. Division of taxation. be amended by removing obsolete wording designating the head of city tax assessor-collector? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION U Shall Article V, Section 5.01. Division of taxation. b. Payment of taxes. 1. When due and payable. be amended by adding wording to specify that taxes required to be paid before the first day of February will not become delinquent until the following business day if the first day of February is a Saturday, Sunday or legal holiday? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION V Shall Article V, Section 5.02. Purchase procedure. be amended by adding wording to allow purchases and contracts of the city to be executed through the process of charging the appropriate city account to a procurement card, in addition to by requisition form? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION W Shall Article V, Section 5.05. Borrowing., concerning authority of City Council to borrow funds by issuance of negotiable notes, be amended by striking such section in its entirety, due to being obsolete? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION X Shall Article VI, Section 6.01. Power of initiative. be amended by adding wording to specify that the registered voters of the city shall have power to propose ordinances to city council, known as the initiative, but that such power does not extend to the budget or capital program, granting of franchises, or any ordinance relating to appropriation of money, levy of taxes or salaries of city officers or employees, or in conflict with this Charter, or the Constitution and laws of the State of Texas, to conform the Charter to state law? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION Y Shall Article VI, Section 6.02. Power of referendum. be amended by adding wording to specify that the right of registered voters to approve or reject any ordinance passed by city council, known as the referendum, does not extend to the budget, capital program, granting of franchises, or ordinance relating to appropriation of money or levying of taxes, or the preservation of public peace, health, or safety under emergency conditions, to conform the Charter to state law? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION Z Shall Article VI, Section 6.03. - Procedure for initiative or referendum petition. a. Form of petition. 1. Text. be amended by replacing wording requiring that an initiative petition contain the full text of the proposed ordinance with wording providing that the initiative petition signature pages contain only the full caption of the proposed ordinance but with the full text of the proposed ordinance instead attached to the petition signature pages, in order that it may be inspected before the petition is signed? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION AA Shall Article VI, Section 6.03. - Procedure for initiative or referendum petition. a. Form of petition. 2. Signatures. (a) be amended by removing the requirement that an initiative or referendum petition by signed in ink or indelible pencil? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION BB Shall Article VI, Section 6.03. - Procedure for initiative or referendum petition. a. Form of petition. 2. Signatures. (b) be amended by changing the requirement that a referendum petition be signed by qualified voters of the city equal in number to at least fifty (50) percent of the number of votes cast in the last regular municipal election, to the requirement that a referendum petition be signed by a minimum of five hundred (500) registered voters of the city? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION CC Shall Article VI, Section 6.03. - Procedure for initiative or referendum petition. a. Form of petition. 3. Circulators., requiring that initiative and referendum petitions contain the name and addresses of five (5) qualified voters as petition circulators, be removed in its entirely due to the being inconsistent with federal law? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION DD Shall Article VI, Sections 6.03. - Procedure for initiative or referendum petition. b. Submission of petition. 3. Certification. (b) Effect. and Article VI, Section 6.06. - Amendment of initiative or referendum ordinances. be amended by electors and voters? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION EE Shall Article VI, Section 6.08. - Procedure for recall petition. a. Affidavit. be amended by requiring that in any case where a petition is sought for the recall of district councilperson, a voter filing the required affidavit with the City to initiate the recall petition process ? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION FF Shall Article VI, Section 6.08. - Procedure for recall petition. c. Return of petition. 1. be amended by changing the requirement that a recall petition be signed by qualified voters of the city equal in number to at least fifty (50) percent of those who were qualified voters and voted on the date of the last regular municipal election, to the requirement that a recall petition be signed by a minimum of one thousand (1000) registered voters of the city, and in the case of the recall of district councilperson, a minimum of two hundred-fifty registered voters? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION GG Shall Article VI, Section 6.10. - District judge may order election. be amended by clarifying that should city council fail or refuse to order any initiative or referendum election properly brought by petitioning registered voters of the city under procedures contained in the Charter, that judicial relief may be sought with the appropriate court for issuance of a writ of mandamus to compel compliance with the Charter? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION HH Shall Article VIII, Section 8.01. - Publicity of records. be amended by providing that the release of public records will be governed by procedures established in state law as well as any regulations adopted by City Council consistent with state law? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION II Shall Article VIII, Section 8.02. - Employers and officers. a. Personal financial interest. be amended by requiring that all members of the City Council, officers and employees of the City having a financial interest in any contract or sale to the city of land, material, supplies or services be subject to applicable state law governing conflicts of interest, including but not limited to Texas Local Government Code Chapters 171 and 176, and authorizing the City Council to adopt regulations consistent with such state laws, as necessary? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION JJ Shall Article VIII, Section 8.02. Employers and officers. c. Nepotism be amended to provide that the prohibition against the hiring of persons related within the second degree by affinity or within the third degree by consanguinity, to the mayor or any councilperson or to the city manager, shall apply only to paid positions, and, that the existing exception for prior continuous employment of two (2) years be revised to provide a prior continuous employment exception of 1) at least 30 days, if the employed person is related to the city manager; or 2) at least six months, if the employed related to a member of city council, to align the Charter with the state nepotism statute? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION KK Shall Article VIII, Section 8.02. Employers and officers. d. Bonds. be amended to allow the City Council by general ordinance to require bonds of any municipal officers and employees who receive or pay out any monies of the city, and to set the amount of any such bonds? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION LL Shall Article VIII, Section 8.02. - Employers and officers. h. Pensions., related to the authority of City Council to establish a pension plan for employees, be amended by removing wording that limits eligibility to participate in the pension plan to employees who have been employed by the city for twenty (20) years and who have reached the age of fifty-five (55)? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION MM Shall Article VIII, Section 8.06. Amending this Charter. be amended by adding wording to clarify that the Charter shall be the subject of a mandatory review at least every ten (10) years, and that the process for proposing and submitting amendments to the Charter by qualified voters of the City shall be in accordance procedures established in state law.? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION NN Shall the City Charter be amended throughout with a conforming amendment for gender-neutrality, by replacing hishim hehis or herhim or her he or she _____ FOR (A favor) _____ AGAINST (Contra) Section 7. If all of the above described propositions are adopted by the qualified voters of the City of La Porte, the following City Charter provisions shall be amended by as reflected on Exhibit A attached hereto and incorporated by reference. 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. That the City Secretary is hereby ordered and directed to give notice of the election by publication in the Bay Area Observer on the same day in each of two successive weeks, with the first publication occurring th before the 14 day before the date of the election. The notice shall include a substantial copy of the proposed amendments. Section 10. As soon as practicable after the election and the declaration by the Council that amendments have been approved, the Mayor or City Manager shall certify to the Secretary of State an authenticated copy of the e municipality. Section 11. 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 12. 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 13. 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 Texas 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 14. This ordinance shall be in effect immediately upon its passage and approval. PASSED AND APPROVED, this ___________ day of ______________________ 2021. CITY OF LA PORTE, TEXAS ________________________________ Louis R. Rigby, Mayor ATTEST: APPROVED AS TO FORM: _______________________________ ________________________________ Lee Woodward, City Secretary Clark T. Askins, Assistant City Attorney EXHIBIT A AMENDMENT A. Amending Article I, Section 1.03. Modification of city boundaries: The city council shall have power by ordinance to fix the boundary limits of the city and to provide by ordinance for the extension of said boundary limits, by the annexation of additional territory lying adjacent to the city, the disannexation of territory within the city, and the exchange of territory with other cities and towns, in accordance with the laws and Constitution of the State of Texas. Any area of the City may be disannexed pursuant to rules and procedures established under state law and whenever, in the opinion of the City Council, there exists within the corporate limits of the City a territory not suitable or necessary for City purposes. The City Council may discontinue said territory as part of the City by ordinance after conducting a public hearing on the matter. AMENDMENT B. Amending Article I, Section 1.05. - Powers of the city. b. Enumerated powers. 4. Garbage disposal. 4. Garbage disposal. City council shall by ordinance adopt and prescribe rules and regulations for the handling and disposition of all garbage, trash, and other waste within the city and shall fix charges and compensation to be charged by the city for the removal of garbage, trash and rubbish, providing rules and regulations of the collection thereof. AMENDMENT C. Amending Article I, Section 1.05 - Powers of the city. b. Enumerated powers. 5. Nuisances, etc. 5. Nuisances, etc. The city shall have the power to define all nuisances and prohibit the same within the city and outside the city limits for a distance of five thousand (5,000) feet; have power to police all parks or grounds, speedways, or boulevards owned by said city and lying outside of said city, to prohibit the pollution of any stream, drain or tributaries thereof, which may constitute the source of water supply of any city and to provide for policing the same as well as to provide for the protection of any watersheds and the policing of same. AMENDMENT D. Amending Article II, Section 2.02. Qualifications. A. Enumerated. a. Enumerated. The mayor and councilpersons shall have been residents of the city for twelve (12) months immediately preceding election day, and continuously during their term of office. A district councilperson shall also be a resident of his or her district for twelve (12) months immediately preceding election day and continuously during his or her term of office. In addition thereto, each candidate for public office must be a qualified voter of the city, must file a sworn application with the city secretary in accordance with state law, and file for only one city office. AMENDMENT E. Amending Article II, Section 2.02 Qualifications. A. Enumerated. a. Enumerated. The mayor and councilpersons shall have been residents of the city for twelve (12) months immediately preceding election day, and continuously during their term of office. A district councilperson shall also be a resident of his or her district for twelve (12) months immediately preceding election day and continuously during his or her term of office. In addition thereto, each candidate for public office must be a qualified voter of the city, must file a sworn application with the city secretary in accordance with state law, and file for only one city office. AMENDMENT F. Amending Article II, Section 2.02 Qualifications. b. Council to be judge of members' qualifications b. Council to be judge of members' qualifications. City council shall be the judge of the election and qualifications of its members and for such purpose shall have power to subpoena witnesses and require the production of records, but the decision of council in any such case shall be subject to review by the courts. If a member of the Council is charged with any grounds for forfeiture and/or removal of office under this Charter, a hearing shall be set not less than ten (10) days nor more than thirty (30) days from the date on which the written charges are presented at a meeting of the city council. A written charge must be sworn, and is eligible to be filed only by three (3) members of the city council. At such hearing, the accused shall have the right to present evidence in his or her defense, but he or she shall be disqualified from voting as to his or her innocence or guilt. At the conclusion of the evidence, a vote shall be taken, and upon an affirmative vote of five (5) or more members of the city council, the accused member shall be removed from office and his or her seat declared vacant. AMENDMENT G. Amending Article II, Section 2.03. Conduct of elections. 2.03. - Conduct of elections. a. Regulations. All city elections shall be governed by the laws of the State of Texas. In the event there should be any failure of the general laws or this Charter to provide for some feature of the city elections, city council shall have the power to provide for such deficiency, making all regulations it considers desirable, not inconsistent with the laws of the State of Texas, for the prevention of fraud in such elections and for the recount of ballots in case of doubt or fraud. Municipal elections shall be conducted by the appointed election authorities, who shall also have power to make such regulations not inconsistent with this Charter, with any regulations made by council or the laws of the State of Texas. No informalities in conducting a city election shall invalidate the same, if it be conducted fairly and in substantial compliance with the general laws, where applicable, and the Charter and ordinances of the city. b. Official ballots. Official ballots shall be prepared in accordance with state law. c. Canvassing elections. Election returns shall be canvassed in accordance with state law. d. Schedule. 1. Regular election. The regular election for choice of members of council shall be held annually on a uniform election date as determined by state law and as ordered by city council. 2. Special election. Council may by ordinance or resolution order a special election, fix the time for holding same and provide necessary means. AMENDMENT H. Amending Article II, Section 2.04. - Vacancies in city council. 2.04. - Vacancies, forfeiture, and resignation a. Vacancies. The Office of a Councilmember or of the Mayor shall become vacant upon his or her death, resignation, forfeiture of his or her office, or removal from office. b. Forfeiture of office. A Councilmember or the Mayor shall forfeit his or her office if he or she: 1. Lacks at any time during his or her term of office any qualification for the office prescribed by this Charter or by law; 2. Willfully violates any express prohibition of this Charter; 3. Is convicted of a crime involving moral turpitude; or 4. Fails to attend three consecutive regular Council meetings without being excused by the Council. c. Resignation. The Mayor of a member of City Council may resign by submitting a statement in writing to the City Secretary. If the mayor or any councilperson shall announce his or her candidacy, or shall in fact become a candidate, in any general, special or primary election for any office of profit or trust under this Charter or the laws of Texas or the United States, other than the office he or she has held, at any time when the unexpired term of the office then held shall exceed one year and thirty (30) days, such announcement or such candidacy shall constitute an automatic resignation of the office then held. d. Filling vacancies. When a vacancy shall develop, the City Council shall provide for the filling of such vacancy by calling a special election to be held within 120 days, in the manner provided by law; provided, however, that if the remainder of the unexpired term of the vacated office is twelve (12) months or less at the time the vacancy occurs, the City Council is authorized to fill the unexpired term by appointment, upon an affirmative vote of five (5) or more members of City Council. AMENDMENT I. Amending Article II, Section 2.06. First meeting of council after canvass. As soon as practicable after each City election and in accordance with state law, the city council shall meet and newly elected members of the city council shall qualify and assume the duties of office. AMENDMENT J. Amending Article II, Section 2.07. Meetings. a. Frequency. City council shall meet regularly at such times as may be prescribed by its rules but not less frequently than once each month. All meetings of council shall be open to the public except as allowed by state law; special meetings shall be called by the Mayor, the City Manager, or at the written request of any three (3) members of the City Council. b. Rules. City council shall determine its own rules and order of business. c. Minutes. Minutes of all open meetings of the council shall be recorded as a public record. AMENDMENT K. Amending Article II, Section 2.09. Powers of council. j. Approve certified appraisal rolls as returned to it by the appraisal district and adopt same as the certified appraisal rolls to be used for the collection of taxes for the current year. AMENDMENT L. Amending Article II, Section 2.09. Powers of council. k.. Control and distribute all contingent appropriations. Expenditures from a contingent appropriation shall require prior approval of council. A contingent appropriation shall be disbursed only by transfer to a departmental appropriation, the spending of which shall be charged to the department or activity for which the appropriation is made. AMENDMENT M. Amending Article II, Section 2.10. Additional discretionary powers. Hospital. 1. Operation. The city shall have the authority to acquire, establish and own, either by purchase, donations, bequest or otherwise, all property that may be useful or necessary for the purpose of establishing and maintaining a municipal hospital. Upon establishment of such hospital, council shall create a hospital board with membership and compensation deemed appropriate by council, which shall operate the hospital subject only to such direction and supervision as shall be contained in any ordinance or ordinances enacted by council. 2. Finances. All funds belonging to said hospital, whether classed as funds received in course of operation, or otherwise, shall be kept in a separate hospital fund to be used only for the operation and maintenance of said hospital, except that such funds may be used by the city for general operating purposes with the express consent of the hospital board. The hospital board shall submit a quarterly operating statement to council, and an annual audit to coincide with the fiscal year of the city. AMENDMENT N. Amending Article III, Section 3.01. City manager. d. Provisions for absence. d. Provisions for absence. Within thirty (30) days after taking office, the city manager shall designate by letter filed with the city secretary a qualified administrative officer of the city to perform his or her duties during his or her temporary absence or disability. Upon receipt of said letter, the city secretary shall advise council of its contents. Said letter shall be in force and effect for the duration of the city manager's employ or until he or she files another such letter. In the event of failure of the Manager to make such designation, the Council may by resolution appoint an officer of the City to perform the duties of the City Manager until the City Manager returns or his or her disability shall cease. AMENDMENT O. Amending Article III, Section 3.03. City secretary. to further define the appointment of the city secretary by inserting as the second sentence City council shall appoint a city secretary. The city secretary shall be appointed and removed at the will and pleasure of city council by a vote of the majority of the entire city council. The city secretary shall be provided space in the City Hall sufficient to maintain the records entrusted to the care of the city secretary, and shall be entitled to a seat at the council table at all official meetings. The city secretary shall: a. Give notice of council meetings. b. Authenticate by his or her signature and record in full in a book kept and indexed for the purpose all ordinances and resolutions. c. Be the custodian of all municipal records. Recommend to the council rules and regulations to be adopted by ordinances to protect the safety and security of all municipal records. d. Hold and maintain the City Seal and affix to all instruments requiring such seal. e. Administer oaths in any matter pertaining to municipal affairs and in accordance with state law. f. The council shall set the compensation of the city secretary. g. Perform such other duties as may be assigned by council, state law or elsewhere in this Charter. AMENDMENT P. Amending Article III, Section 3.04. Municipal court. b. Municipal judge. a. Establishment. There shall be established and maintained a municipal court with all powers and duties as are now, or may hereafter be, prescribed by the laws of the State of Texas for municipal courts. b. Municipal judge. City council shall appoint a competent attorney, duly licensed by the State of Texas, to be judge of the municipal court. The municipal judge shall be appointed and removed at the will and pleasure of city council by a vote of the majority of the entire city council. He or she shall serve at the pleasure of council and shall receive compensation as may be fixed by council. c. Alternate municipal judge. Council shall have the power to create and appoint additional judges as provided by law. d. Court clerk. Subject to the approval of the municipal judge, the city manager shall appoint a municipal court clerk and deputy clerks. Said clerk or clerks shall have the power to administer oaths and affidavits, make certificates, affix the seal of said court thereto and generally do and perform any and all acts usual and necessary by clerks of court in conducting the business thereof. e. Costs and fines. All costs and fines imposed by the municipal court, or any court in cases appealed from its judgments, less those designated for the State of Texas, shall be paid into the city treasury for the use and benefit of the city. AMENDMENT Q. Amending Article IV, Section 4.01. - Preparation and submission of budget. a. Contents of budget. a. Contents of budget. The budget shall provide a complete financial plan for the fiscal year. It shall contain the following: 1. A consolidated statement of revenues and expenditures for all funds. 2. An analysis of property valuations. 3. An analysis of tax rate. 4. Tax levies and tax collections by years for at least ten (10) years or for a number of years for which records are available. 5. A detailed listing of the resources of each fund. 6. A summary of proposed expenditures within such funds by department, function and classification. 7. A revenue and expense statement for all outstanding bonded debt. 8. A schedule of principal and interest on each issue of outstanding bonds showing rate of interest, maturity dates and amount outstanding. 9. The appropriation ordinance. 10. The tax-levying ordinance. AMENDMENT R. Amending Article IV, Section 4.02. - Availability of proposed budget. The proposed budget and all attachments shall be a public record in the office of the city secretary, open to public inspection. AMENDMENT S. Amending Article IV, Section 4.04. Public record. b. Availability. b. Availability. The final budget shall be printed or otherwise reproduced and sufficient copies shall be made available for the use of offices, departments and agencies, and for the use of interested persons and civic organizations. AMENDMENT T. Amending Article V, Section 5.01. Division of taxation. There shall be established in the department of finance a division of taxation. AMENDMENT U. Amending Article V, Section 5.01. Division of taxation. b. Payment of taxes. 1. When due and payable. All taxes due the city may be paid at any time after the tax rolls for the year have been completed and approved, which shall be not later than October 15. Taxes shall be paid before the first day of February (or the next business day if the first day of February is a Saturday, Sunday or legal holiday) following the year for which the tax was levied, and all such taxes not paid prior to such date shall be deemed delinquent and shall be subject to such penalty and interest as provided by the Texas Property Tax Code. AMENDMENT V. Amending Article V, Section 5.02. Purchase procedure. All purchases made and contracts executed by the city shall be pursuant to a requisition from or charged to a procurement card with the approval of the head of the office, department or agency whose appropriation will be charged, and no contract or order shall be binding upon the city unless and until the city manager or designee certifies that there is to the credit of such office, department or agency a sufficient unencumbered appropriation and allotment balance to pay for the supplies, materials, equipment, or contractual services for which the contract or order is issued. All purchases made and contracts executed by the city shall be made in accordance with the requirements of this charter and all applicable requirements of the Constitution and Statutes of the State of Texas. All contracts for purchases or expenditures must be expressly approved in advance by the council, except that the council may by ordinance confer upon the city manager, general authority to contract for expenditures without further approval of the council for all budgeted items the cost of which does not exceed the constitutional and statutory requirements for competitive bidding. AMENDMENT W. Amending Article V, Section 5.05. Borrowing. a. Negotiable notes. In any fiscal year, city council may by resolution authorize borrowing by the issuance and sale of negotiable notes of the city which shall mature and be payable not later than the end of the fiscal year in which the original notes have been issued. All such notes may be sold at not less than par and accrued interest at private sale by the director of the finance department without previous advertisement, but such sale shall be authorized by council. Such notes shall be in anticipation of either of the following: 1. Property taxes. Notes authorized in anticipation of the collection of property taxes in a fiscal year shall be designated "tax anticipation note for the year ____________/____________/____________" (stating the fiscal year). 2. Other revenues. Notes authorized in anticipation of the collection or receipt of other revenues shall be designated "special revenue note for the year ____________/____________/____________" (stating the fiscal year). b. Capital improvements. 1. Power and authority to incur indebtedness. The city shall have the power and authority, by ordinance duly adopted, to borrow money on the credit of the city for permanent public improvements and to issue its general obligation bonds, revenue bonds, refunding bonds, certificates of indebtedness, notes, warrants, or other forms of indebtedness pursuant to and in accordance with the present or hereinafter adopted or amended general and special laws of this state applicable to home rule cities, except as such power and authority is expressly limited or denied by this Charter, or any amendments hereto. AMENDMENT X. Amending Article VI, Section 6.01. Power of initiative. The registered voters of the city shall have power to propose ordinances to the council and, if the council fails to adopt an ordinance so proposed without any change in substance, to adopt or reject such ordinance at a city election, such power known as the initiative, but such power shall not extend to the budget or capital program, granting of franchises, or any ordinance relating to appropriation of money, levy of taxes or salaries of city officers or employees, or in conflict with this Charter, or the Constitution and laws of the State of Texas. AMENDMENT Y. Amending Article VI, Section 6.02. Power of referendum. The qualified voters shall have power to approve or reject at the polls any ordinance passed by council, or submitted by council to a vote of the qualified voters, such power being known as the referendum, but such power shall not extend to the budget, capital program, granting of franchises, or ordinance relating to appropriation of money or levying of taxes, or the preservation of public peace, health, or safety under emergency conditions. Ordinances submitted to council by initiative petition and passed by council without change shall be subject to the referendum in the same manner as the other ordinances. AMENDMENT Z. Amending Article VI, Section 6.03. - Procedure for initiative or referendum petition. a. Form of petition. 1. Text. 1. Text. Initiative petition signature pages shall contain the full caption of the proposed ordinance. The full text of the proposed ordinance shall be attached to the petition signature pages in order that it may be inspected before the petition is signed. AMENDMENT AA. Amending Article VI, Section 6.03. - Procedure for initiative or referendum petition. a. Form of petition. 2. Signatures. (a) a. The signatures to initiative or referendum petitions need not all be appended to one paper, but to each separate petition there shall be attached a statement of the circulator thereof as provided by this section. Each signer of any petition paper shall sign his or her name and shall indicate after his or her name his or her place of residence by street and number, or other description sufficient to identify the place. AMENDMENT BB. Amending Article VI, Section 6.03. - Procedure for initiative or referendum petition. a. Form of petition. 2. Signatures. (b) The petition shall be signed by a minimum of five hundred (500) registered voters of the city. AMENDMENT CC. Amending Article VI, Section 6.03. - Procedure for initiative or referendum petition. a. Form of petition. 3. Circulators. AMENDMENT DD. Amending Article VI, Sections 6.03. - Procedure for initiative or referendum petition. b. Submission of petition. 3. Certification. (b) Effect. and 6.06. - Amendment of initiative or referendum ordinances. 6.03 b. Effect. When a referendum petition or amended petition has been certified as sufficient by the city secretary, the ordinance specified in the petition shall not go into effect, or further action thereunder shall be suspended if it shall have gone into effect, until and unless approved by the voters, as hereinafter provided. 6.06 Amendment of initiative or referendum ordinances. Initiative and referendum ordinances adopted or approved by the voters shall be published, and may be amended or repealed by council, as in the case of other ordinances. AMENDMENT EE. Amending Article VI, Section 6.08. - Procedure for recall petition. a. Affidavit. a. Affidavit. Any qualified voter of the city may make and file with the city secretary an affidavit containing the name or names of the officer or officers whose removal is sought and a statement of the grounds for removal. For the recall of a district councilperson, the voter filing the affidavit must reside in that AMENDMENT FF. Amending Article VI, Section 6.08. - Procedure for recall petition. c. Return of petition. c. Return of petition. To be effective, the recall petition must: 1. For the recall of the Mayor or a Councilperson elected at large, the petition must be signed by a minimum of one thousand (1,000) registered voters of the city. For the recall of a district councilperson, the petition must be signed by a minimum of two hundred fifty (250) registered voters 2. Be returned and filed with the city secretary within thirty (30) days after the filing of the affidavit required in section 6.08.a. AMENDMENT GG. Amending Article VI, Section 6.10. Judicial relief. Should city council fail or refuse to order any of the elections as provided for in this article, when all the requirements for such election have been complied with by the petitioning voters in conformity with this article of the Charter, then judicial relief may be sought with the appropriate court for issuance of a writ of mandamus to compel compliance with the provisions of this article. AMENDMENT HH. Amending Article VIII, Section 8.01. Publicity of records. The public records of the City shall be available to the public subject to the procedures and applicable exceptions established in the Texas Public Information Act. The City Council may adopt regulations for the enforcement of this provision, as necessary. AMENDMENT II. Amending Article VIII, Section 8.02. Employers and officers. a. Personal financial interest. All members of the City Council, and all officers and employees of the City, having a financial interest in any contract or sale to the city of land, material, supplies or services shall be subject to and shall comply with applicable state law governing conflicts of interest, including but not limited to Texas Local Government Code Chapters 171 and 176. The City Council may adopt regulations for the enforcement of this provision, as necessary. AMENDMENT JJ. Amending Article VIII, Section 8.02. Employers and officers. c. Nepotism No person related, within the second degree by affinity or within the third degree by consanguinity, to the mayor or any councilperson or to the city manager, shall be employed in any office, position or clerkship of the city. This prohibition shall not apply to or prevent the appointment, voting for, or confirmation of any person who shall have been continuously employed in any office, position, or clerkship for the following period prior to the election or appointment, as applicable, of the city council member or city manager related to such employee in the prohibited degree: 1) at least 30 days, if related to the city manager; or 2) at least six months, if related to a member of city council. AMENDMENT KK. Amending Article VIII, Section 8.02. Employers and officers. d. Bonds.. d. Bonds. Council may by general ordinance require bonds of any municipal officers and employees who receive or pay out any monies of the city. The amount of such bonds shall be determined by council and the cost thereof borne by the city. AMENDMENT LL. Amending Article VIII, Section 8.02. - Employers and officers. h. Pensions. h. Pensions. City council may establish a pension plan for any employee, or may adopt in lieu thereof any pension system available to cities under state law. AMENDMENT MM. Amending Article VIII, Section 8.06. Amending this Charter. a. to clarify the frequency of charter review by substituting the current text of the first two paragraphs with This Charter shall be the subject of a mandatory review at least every ten (10) years. Amendments to the Charter may be proposed and submitted to the qualified voters of the City in the manner provided in state law. a. This Charter shall be the subject of a mandatory review at least every ten (10) years. Amendments to the Charter may be proposed and submitted to the qualified voters of the City in the manner provided in state law. Each amendment submitted shall contain only one subject and shall be printed separately on the ballot, each proposed amendment being followed by designations for the voter to vote for the amendment or against the amendment. Each proposed amendment, if approved by the majority of the qualified voters voting at said election, shall become a part of the Charter. The city secretary shall enter notice into the records of the city declaring the same adopted. AMENDMENT NN. Amending the City Charter throughout with a conforming amendment for gender- neutrality hishim hehis or herhim or her he or she REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:January 11, 2021 Source of Funds: Requested By:Louis R. Rigby, Mayor Department:City Council Account Number: Amount Budgeted: ReportResolutionOrdinance Amount Requested: Exhibits:See summary Budgeted Item:YesNo SUMMARY& RECOMMENDATION The City Council appointed a Charter Review Commission in the fall, their report will be presented this evening concerning their work and recommendations. Included in the packet, for review and consideration,are the following: -The report of the Commission. -A cumulative list of the recommendations of the Commission. -Redline version of the proposed Charter changes. -ordered for election by the City Council and approved by the voters. -Draft Ordinance 2021-3814 to call a charter amendment election with the report and is available to answer questions. The deadline to order a special election for charter amendments for the May 1, 2021, uniform election date is Friday, February 12, 2021. The City Council may choose to call an election including any,all, or none, and may call for other proposed charter amendments to be placed on the ballot. A home rule city such as the City of La Porte may choose to reviewits charter at any time. Per the Texas Constitution, charter amendment elections may not be held more frequently than every two calendar years. Should the City hold a charter amendment election on May 1, 2021, it may not hold the next charter amendment election until the May 6, 2023, uniform election date. ACTION REQUIRED BY CITY COUNCIL On or before February 12, 2021, decide which charter amendments to place on the May 1, 2021, ballot and adopt Ordinance 2021-3814 to call the election. ORDINANCE 2021-3814 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS ORDERING A ST SPECIAL ELECTION TO BE HELD ON THE 1 DAY OF MAY, 2021, FOR THE PURPOSE OF ADOPTING OR REJECTING PROPOSED AMENDMENTS TO THE LA PORTE, TEXAS, HOME RULE CITY CHARTER, CONCURRENT WITH THE REGULAR MUNICIPAL ELECTION FOR CITY COUNCIL MEMBERS; PROVIDING FOR THE PUBLICATION AND POSTING OF NOTICE; DESIGNATING THE PLACES AND MANNER OF HOLDING THE ELECTION; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING FOR PUBLIC NOTICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 24, 2020, the City Council of the City of La Porte authorized the creation of the 2020 Charter Review Commission composed of citizens appointed by the City Council, charging it with review of the City of La Porte Home Rule Charter and to return to the City Council with proposed amendment propositions; and WHEREAS, on January 11, 2021, the La Porte City Council was briefed on and considered the recommendations of the 2020 Charter Review Commission of La Porte for adoption of proposed amendments to the La Porte Home Rule Charter; and WHEREAS, the City Council of the City of La Porte, Texas, after considering the recommendations of the 2020 Charter Review Commission of La Porte, has on its own motion determined to submit to the qualified voters for adoption or rejection of certain proposed amendments to the existing Home Rule Charter of the City of La Porte, Texas, pursuant to Section 9.004(a) of the Texas Local Government Code; and WHEREAS, the City Council of the City of La Porte, Texas, hereby calls a special election to allow the voters to determine whether the Charter should be amended as hereinafter set out; and WHEREAS, Section 9.004 of the Texas Local Government Code provides that a charter amendment election shall be held not less than thirty (30) days after the passage of the ordinance calling for charter amendments; and WHEREAS, Section 9.004 of the Texas Local Government Code provides that the charter amendment election shall be held on the first authorized uniform election date prescribed by the Texas Election Code or the earlier of the next general municipal election or the next Presidential election; and WHEREAS, the City of La Porte is holding a general municipal election for election of City Council members on May 1, 2021, which is the earliest available date to hold a special election for consideration of proposed charter amendments. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. That the facts and recitations contained in the preamble of this Ordinance are hereby found and declared to be true and correct legislative findings and are adopted as part of this Ordinance for all purposes. st Section 2. That a special election is hereby ordered to be held in the City of La Porte, Texas, on the 1 day of May, 2021, , pursuant to the laws of the State of Texas and the Charter of the City of La Porte, Texas. Said election shall be held for the purpose of adopting or rejecting proposed amendments to the City of La Porte, Texas, Home Rule Charter. Section 3. 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: City District/ City Election Precinct Polling Location 1, 2, 3, and 6 te, 77571 4 and 5 City of La Porte City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, 77571 Section 4. 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 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. 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 19, 2021, and continuing through Tuesday, April, 27, 2021, with the exception of Tuesday, April 20, 2021, and Tuesday, April 27, 2021, in which case early voting hours shall be from 7:00 a.m. to 7:00 p.m. Section 5. 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 6. That said special election shall be held in conjunction with the regularly scheduled City Council election on said same date for the purpose of submitting to the voters of the City of La Porte, Texas, the following propositions for amendments to the Home Rule Charter of the City of La Porte, Texas. The official ballots to be used in the special election shall comply with the applicable provisions of the Texas Election Code, shall state each proposed amendment separately and distinctly so that the voters shall pass upon each amendment separately and such provisions, markings, and language as may be required by law; and the propositions shall be set forth on said ballots in substantially the following form and language: CITY OF LA PORTE PROPOSITION A Shall Article I, Section 1.03. Modification of city boundaries., be amended to provide that the authority to fix the boundary limits of the city and to annex property, and the procedures for taking such action, shall be in accordance with the laws and constitution of the state, and additionally, that a public hearing shall be required before the disannexation of territory from the city? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION B Shall Article I, Section 1.05. Powers of the city. b. Enumerated powers. 4. Garbage disposal. be amended by removing rubbish and inserting other waste, in order to clarify that the City Council has authority to adopt regulations for the removal of categories of waste, including hazardous items? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION C Shall Article I, Section 1.05 Powers of the city. b. Enumerated powers. 5. Nuisances, etc., be amended by removing to inspect dairies, slaughter pens, and slaughterhouses inside and outside the limits of the city, from which meat or milk is furnished to the inhabitants of the city due to the fact that this activity is regulated at the county and state level? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION D Shall Article I, Section Amending Article II, Section 2.02. Qualifications. A. Enumerated. be amended by residentin place of qualified voterto conform the Charter to state law? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION E Shall Article II, Section 2.02 Qualifications. A. Enumerated. be amended by In addition thereto, each candidate for public office must be a qualified voter of the city, must file a sworn application with the city secretary in accordance with state law, and file for only one city office, and removing same from Article II, Section 2.04, in order to place such wording under the proper subject heading? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION F Shall Article II, Section 2.02 Qualifications. b. Council to be judge of members' qualifications. be amended by adding wording establishing procedures and guidelines for City Council to remove a member of City Council for conduct constituting forfeiture of office under the La Porte Charter? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION G Shall Article II, Section 2.03. Conduct of elections. be amended by inserting existing wording located in Section 2.04.d, which readOfficial ballots. Official ballots shall be prepared in accordance with state law Canvassing elections. Election returns shall be canvassed in accordance with state law order to place such wording under the proper subject heading? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION H Shall Article II, Section 2.04. - Vacancies in city council. be amended by expanding Section 2.04 to specify under what circumstances the office of Mayor or of a Councilmember becomes vacant, what actions of the Mayor or a Councilmember constitute forfeiture of office, actions resulting in resignation from office, and the process for filing vacancies? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION I Shall Article II, Section 2.06. - First meeting of council after canvass. be amended to allow newly elected members of the City Council to qualify and assume the duties of office as soon as allowable under state law, rather than at the first meeting of City Council after the canvassing of the election? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION J Shall Article II, Section 2.07. Meetings. a. Frequency. be amended to provide that special meetings of the City Council can be called only by the Mayor, the City Manager, or at the request of three (3) members of City Council? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION K Shall Article II, Section 2.09. Powers of council. j. be amended by removing the term assessment rolls and replacing with certified appraisal rollsin both places where it appears, to conform the La Porte Charter to terminology used in state law? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION L Shall Article II, Section 2.09. Powers of council., Subsection k., related to City Council approval of expenditures from a contingent appropriation, be removed on the basis that such section as unnecessary and redundant? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION M Shall Article II, Section 2.10. Additional discretionary powers. Subsection b. Hospital, related to authority of the City to own and operate a hospital and manage the finances of same, be amended by removing this subsection in its entirety, as unnecessary? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION N Shall Article III, Section 3.01. City manager. d. Provisions for absence. be amended by adding wording giving the City Council authority to appoint an officer of the City to perform the duties of City Manager, should the City Manager fail to designate a person to perform his or her duties in the event of absence or disability? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION O Shall Article III, Section 3.03. City secretary. be amended to provide that the city secretary shall be appointed and removed by the city council only by a vote of the majority of the entire city council? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION P Shall Article III, Section 3.04. Municipal court. b. Municipal judge. be amended to provide that the municipal court judge shall be appointed and removed by the city council only by a vote of the majority of the entire city council? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION Q Shall Article IV, Section 4.01. - Preparation and submission of budget. a. Contents of budget. 1. be amended by receipts and inserting in its place revenues order to replace antiquated terminology? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION R Shall Article IV, Section 4.02. - Availability of proposed budget. be amended by The city manager shall cause sufficient copies of such to be prepared for distribution to interested persons due to the fact that a copy of the budget can be prepared for interested persons on request? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION S Shall Article IV, Section 4.04. Public record. b. Availability. be amended by removing the word mimeographed, due to being obsolete? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION T Shall Article V, Section 5.01. Division of taxation. be amended by removing obsolete wording designating the head of city tax assessor-collector? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION U Shall Article V, Section 5.01. Division of taxation. b. Payment of taxes. 1. When due and payable. be amended by adding wording to specify that taxes required to be paid before the first day of February will not become delinquent until the following business day if the first day of February is a Saturday, Sunday or legal holiday? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION V Shall Article V, Section 5.02. Purchase procedure. be amended by adding wording to allow purchases and contracts of the city to be executed through the process of charging the appropriate city account to a procurement card, in addition to by requisition form? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION W Shall Article V, Section 5.05. Borrowing., concerning authority of City Council to borrow funds by issuance of negotiable notes, be amended by striking such section in its entirety, due to being obsolete? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION X Shall Article VI, Section 6.01. Power of initiative. be amended by adding wording to specify that the registered voters of the city shall have power to propose ordinances to city council, known as the initiative, but that such power does not extend to the budget or capital program, granting of franchises, or any ordinance relating to appropriation of money, levy of taxes or salaries of city officers or employees, or in conflict with this Charter, or the Constitution and laws of the State of Texas, to conform the Charter to state law? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION Y Shall Article VI, Section 6.02. Power of referendum. be amended by adding wording to specify that the right of registered voters to approve or reject any ordinance passed by city council, known as the referendum, does not extend to the budget, capital program, granting of franchises, or ordinance relating to appropriation of money or levying of taxes, or the preservation of public peace, health, or safety under emergency conditions, to conform the Charter to state law? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION Z Shall Article VI, Section 6.03. - Procedure for initiative or referendum petition. a. Form of petition. 1. Text. be amended by replacing wording requiring that an initiative petition contain the full text of the proposed ordinance with wording providing that the initiative petition signature pages contain only the full caption of the proposed ordinance but with the full text of the proposed ordinance instead attached to the petition signature pages, in order that it may be inspected before the petition is signed? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION AA Shall Article VI, Section 6.03. - Procedure for initiative or referendum petition. a. Form of petition. 2. Signatures. (a) be amended by removing the requirement that an initiative or referendum petition by signed in ink or indelible pencil? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION BB Shall Article VI, Section 6.03. - Procedure for initiative or referendum petition. a. Form of petition. 2. Signatures. (b) be amended by changing the requirement that a referendum petition be signed by qualified voters of the city equal in number to at least fifty (50) percent of the number of votes cast in the last regular municipal election, to the requirement that a referendum petition be signed by a minimum of five hundred (500) registered voters of the city? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION CC Shall Article VI, Section 6.03. - Procedure for initiative or referendum petition. a. Form of petition. 3. Circulators., requiring that initiative and referendum petitions contain the name and addresses of five (5) qualified voters as petition circulators, be removed in its entirely due to the being inconsistent with federal law? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION DD Shall Article VI, Sections 6.03. - Procedure for initiative or referendum petition. b. Submission of petition. 3. Certification. (b) Effect. and Article VI, Section 6.06. - Amendment of initiative or referendum ordinances. be amended by electors and voters? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION EE Shall Article VI, Section 6.08. - Procedure for recall petition. a. Affidavit. be amended by requiring that in any case where a petition is sought for the recall of district councilperson, a voter filing the required affidavit with the City to initiate the recall petition process ? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION FF Shall Article VI, Section 6.08. - Procedure for recall petition. c. Return of petition. 1. be amended by changing the requirement that a recall petition be signed by qualified voters of the city equal in number to at least fifty (50) percent of those who were qualified voters and voted on the date of the last regular municipal election, to the requirement that a recall petition be signed by a minimum of one thousand (1000) registered voters of the city, and in the case of the recall of district councilperson, a minimum of two hundred-fifty registered voters? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION GG Shall Article VI, Section 6.10. - District judge may order election. be amended by clarifying that should city council fail or refuse to order any initiative or referendum election properly brought by petitioning registered voters of the city under procedures contained in the Charter, that judicial relief may be sought with the appropriate court for issuance of a writ of mandamus to compel compliance with the Charter? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION HH Shall Article VIII, Section 8.01. - Publicity of records. be amended by providing that the release of public records will be governed by procedures established in state law as well as any regulations adopted by City Council consistent with state law? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION II Shall Article VIII, Section 8.02. - Employers and officers. a. Personal financial interest. be amended by requiring that all members of the City Council, officers and employees of the City having a financial interest in any contract or sale to the city of land, material, supplies or services be subject to applicable state law governing conflicts of interest, including but not limited to Texas Local Government Code Chapters 171 and 176, and authorizing the City Council to adopt regulations consistent with such state laws, as necessary? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION JJ Shall Article VIII, Section 8.02. Employers and officers. c. Nepotism be amended to provide that the prohibition against the hiring of persons related within the second degree by affinity or within the third degree by consanguinity, to the mayor or any councilperson or to the city manager, shall apply only to paid positions, and, that the existing exception for prior continuous employment of two (2) years be revised to provide a prior continuous employment exception of 1) at least 30 days, if the employed person is related to the city manager; or 2) at least six months, if the employed related to a member of city council, to align the Charter with the state nepotism statute? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION KK Shall Article VIII, Section 8.02. Employers and officers. d. Bonds. be amended to allow the City Council by general ordinance to require bonds of any municipal officers and employees who receive or pay out any monies of the city, and to set the amount of any such bonds? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION LL Shall Article VIII, Section 8.02. - Employers and officers. h. Pensions., related to the authority of City Council to establish a pension plan for employees, be amended by removing wording that limits eligibility to participate in the pension plan to employees who have been employed by the city for twenty (20) years and who have reached the age of fifty-five (55)? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION MM Shall Article VIII, Section 8.06. Amending this Charter. be amended by adding wording to clarify that the Charter shall be the subject of a mandatory review at least every ten (10) years, and that the process for proposing and submitting amendments to the Charter by qualified voters of the City shall be in accordance procedures established in state law.? _____ FOR (A favor) _____ AGAINST (Contra) CITY OF LA PORTE PROPOSITION NN Shall the City Charter be amended throughout with a conforming amendment for gender-neutrality, by replacing hishim hehis or herhim or her he or she _____ FOR (A favor) _____ AGAINST (Contra) Section 7. If all of the above described propositions are adopted by the qualified voters of the City of La Porte, the following City Charter provisions shall be amended by as reflected on Exhibit A attached hereto and incorporated by reference. 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. That the City Secretary is hereby ordered and directed to give notice of the election by publication in the Bay Area Observer on the same day in each of two successive weeks, with the first publication occurring th before the 14 day before the date of the election. The notice shall include a substantial copy of the proposed amendments. Section 10. As soon as practicable after the election and the declaration by the Council that amendments have been approved, the Mayor or City Manager shall certify to the Secretary of State an authenticated copy of the e municipality. Section 11. 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 12. 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 13. 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 Texas 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 14. This ordinance shall be in effect immediately upon its passage and approval. PASSED AND APPROVED, this ___________ day of ______________________ 2021. CITY OF LA PORTE, TEXAS ________________________________ Louis R. Rigby, Mayor ATTEST: APPROVED AS TO FORM: _______________________________ ________________________________ Lee Woodward, City Secretary Clark T. Askins, Assistant City Attorney EXHIBIT A AMENDMENT A. Amending Article I, Section 1.03. Modification of city boundaries: The city council shall have power by ordinance to fix the boundary limits of the city and to provide by ordinance for the extension of said boundary limits, by the annexation of additional territory lying adjacent to the city, the disannexation of territory within the city, and the exchange of territory with other cities and towns, in accordance with the laws and Constitution of the State of Texas. Any area of the City may be disannexed pursuant to rules and procedures established under state law and whenever, in the opinion of the City Council, there exists within the corporate limits of the City a territory not suitable or necessary for City purposes. The City Council may discontinue said territory as part of the City by ordinance after conducting a public hearing on the matter. AMENDMENT B. Amending Article I, Section 1.05. - Powers of the city. b. Enumerated powers. 4. Garbage disposal. 4. Garbage disposal. City council shall by ordinance adopt and prescribe rules and regulations for the handling and disposition of all garbage, trash, and other waste within the city and shall fix charges and compensation to be charged by the city for the removal of garbage, trash and rubbish, providing rules and regulations of the collection thereof. AMENDMENT C. Amending Article I, Section 1.05 - Powers of the city. b. Enumerated powers. 5. Nuisances, etc. 5. Nuisances, etc. The city shall have the power to define all nuisances and prohibit the same within the city and outside the city limits for a distance of five thousand (5,000) feet; have power to police all parks or grounds, speedways, or boulevards owned by said city and lying outside of said city, to prohibit the pollution of any stream, drain or tributaries thereof, which may constitute the source of water supply of any city and to provide for policing the same as well as to provide for the protection of any watersheds and the policing of same. AMENDMENT D. Amending Article II, Section 2.02. Qualifications. A. Enumerated. a. Enumerated. The mayor and councilpersons shall have been residents of the city for twelve (12) months immediately preceding election day, and continuously during their term of office. A district councilperson shall also be a resident of his or her district for twelve (12) months immediately preceding election day and continuously during his or her term of office. In addition thereto, each candidate for public office must be a qualified voter of the city, must file a sworn application with the city secretary in accordance with state law, and file for only one city office. AMENDMENT E. Amending Article II, Section 2.02 Qualifications. A. Enumerated. a. Enumerated. The mayor and councilpersons shall have been residents of the city for twelve (12) months immediately preceding election day, and continuously during their term of office. A district councilperson shall also be a resident of his or her district for twelve (12) months immediately preceding election day and continuously during his or her term of office. In addition thereto, each candidate for public office must be a qualified voter of the city, must file a sworn application with the city secretary in accordance with state law, and file for only one city office. AMENDMENT F. Amending Article II, Section 2.02 Qualifications. b. Council to be judge of members' qualifications b. Council to be judge of members' qualifications. City council shall be the judge of the election and qualifications of its members and for such purpose shall have power to subpoena witnesses and require the production of records, but the decision of council in any such case shall be subject to review by the courts. If a member of the Council is charged with any grounds for forfeiture and/or removal of office under this Charter, a hearing shall be set not less than ten (10) days nor more than thirty (30) days from the date on which the written charges are presented at a meeting of the city council. A written charge must be sworn, and is eligible to be filed only by three (3) members of the city council. At such hearing, the accused shall have the right to present evidence in his or her defense, but he or she shall be disqualified from voting as to his or her innocence or guilt. At the conclusion of the evidence, a vote shall be taken, and upon an affirmative vote of five (5) or more members of the city council, the accused member shall be removed from office and his or her seat declared vacant. AMENDMENT G. Amending Article II, Section 2.03. Conduct of elections. 2.03. - Conduct of elections. a. Regulations. All city elections shall be governed by the laws of the State of Texas. In the event there should be any failure of the general laws or this Charter to provide for some feature of the city elections, city council shall have the power to provide for such deficiency, making all regulations it considers desirable, not inconsistent with the laws of the State of Texas, for the prevention of fraud in such elections and for the recount of ballots in case of doubt or fraud. Municipal elections shall be conducted by the appointed election authorities, who shall also have power to make such regulations not inconsistent with this Charter, with any regulations made by council or the laws of the State of Texas. No informalities in conducting a city election shall invalidate the same, if it be conducted fairly and in substantial compliance with the general laws, where applicable, and the Charter and ordinances of the city. b. Official ballots. Official ballots shall be prepared in accordance with state law. c. Canvassing elections. Election returns shall be canvassed in accordance with state law. d. Schedule. 1. Regular election. The regular election for choice of members of council shall be held annually on a uniform election date as determined by state law and as ordered by city council. 2. Special election. Council may by ordinance or resolution order a special election, fix the time for holding same and provide necessary means. AMENDMENT H. Amending Article II, Section 2.04. - Vacancies in city council. 2.04. - Vacancies, forfeiture, and resignation a. Vacancies. The Office of a Councilmember or of the Mayor shall become vacant upon his or her death, resignation, forfeiture of his or her office, or removal from office. b. Forfeiture of office. A Councilmember or the Mayor shall forfeit his or her office if he or she: 1. Lacks at any time during his or her term of office any qualification for the office prescribed by this Charter or by law; 2. Willfully violates any express prohibition of this Charter; 3. Is convicted of a crime involving moral turpitude; or 4. Fails to attend three consecutive regular Council meetings without being excused by the Council. c. Resignation. The Mayor of a member of City Council may resign by submitting a statement in writing to the City Secretary. If the mayor or any councilperson shall announce his or her candidacy, or shall in fact become a candidate, in any general, special or primary election for any office of profit or trust under this Charter or the laws of Texas or the United States, other than the office he or she has held, at any time when the unexpired term of the office then held shall exceed one year and thirty (30) days, such announcement or such candidacy shall constitute an automatic resignation of the office then held. d. Filling vacancies. When a vacancy shall develop, the City Council shall provide for the filling of such vacancy by calling a special election to be held within 120 days, in the manner provided by law; provided, however, that if the remainder of the unexpired term of the vacated office is twelve (12) months or less at the time the vacancy occurs, the City Council is authorized to fill the unexpired term by appointment, upon an affirmative vote of five (5) or more members of City Council. AMENDMENT I. Amending Article II, Section 2.06. First meeting of council after canvass. As soon as practicable after each City election and in accordance with state law, the city council shall meet and newly elected members of the city council shall qualify and assume the duties of office. AMENDMENT J. Amending Article II, Section 2.07. Meetings. a. Frequency. City council shall meet regularly at such times as may be prescribed by its rules but not less frequently than once each month. All meetings of council shall be open to the public except as allowed by state law; special meetings shall be called by the Mayor, the City Manager, or at the written request of any three (3) members of the City Council. b. Rules. City council shall determine its own rules and order of business. c. Minutes. Minutes of all open meetings of the council shall be recorded as a public record. AMENDMENT K. Amending Article II, Section 2.09. Powers of council. j. Approve certified appraisal rolls as returned to it by the appraisal district and adopt same as the certified appraisal rolls to be used for the collection of taxes for the current year. AMENDMENT L. Amending Article II, Section 2.09. Powers of council. k.. Control and distribute all contingent appropriations. Expenditures from a contingent appropriation shall require prior approval of council. A contingent appropriation shall be disbursed only by transfer to a departmental appropriation, the spending of which shall be charged to the department or activity for which the appropriation is made. AMENDMENT M. Amending Article II, Section 2.10. Additional discretionary powers. Hospital. 1. Operation. The city shall have the authority to acquire, establish and own, either by purchase, donations, bequest or otherwise, all property that may be useful or necessary for the purpose of establishing and maintaining a municipal hospital. Upon establishment of such hospital, council shall create a hospital board with membership and compensation deemed appropriate by council, which shall operate the hospital subject only to such direction and supervision as shall be contained in any ordinance or ordinances enacted by council. 2. Finances. All funds belonging to said hospital, whether classed as funds received in course of operation, or otherwise, shall be kept in a separate hospital fund to be used only for the operation and maintenance of said hospital, except that such funds may be used by the city for general operating purposes with the express consent of the hospital board. The hospital board shall submit a quarterly operating statement to council, and an annual audit to coincide with the fiscal year of the city. AMENDMENT N. Amending Article III, Section 3.01. City manager. d. Provisions for absence. d. Provisions for absence. Within thirty (30) days after taking office, the city manager shall designate by letter filed with the city secretary a qualified administrative officer of the city to perform his or her duties during his or her temporary absence or disability. Upon receipt of said letter, the city secretary shall advise council of its contents. Said letter shall be in force and effect for the duration of the city manager's employ or until he or she files another such letter. In the event of failure of the Manager to make such designation, the Council may by resolution appoint an officer of the City to perform the duties of the City Manager until the City Manager returns or his or her disability shall cease. AMENDMENT O. Amending Article III, Section 3.03. City secretary. to further define the appointment of the city secretary by inserting as the second sentence City council shall appoint a city secretary. The city secretary shall be appointed and removed at the will and pleasure of city council by a vote of the majority of the entire city council. The city secretary shall be provided space in the City Hall sufficient to maintain the records entrusted to the care of the city secretary, and shall be entitled to a seat at the council table at all official meetings. The city secretary shall: a. Give notice of council meetings. b. Authenticate by his or her signature and record in full in a book kept and indexed for the purpose all ordinances and resolutions. c. Be the custodian of all municipal records. Recommend to the council rules and regulations to be adopted by ordinances to protect the safety and security of all municipal records. d. Hold and maintain the City Seal and affix to all instruments requiring such seal. e. Administer oaths in any matter pertaining to municipal affairs and in accordance with state law. f. The council shall set the compensation of the city secretary. g. Perform such other duties as may be assigned by council, state law or elsewhere in this Charter. AMENDMENT P. Amending Article III, Section 3.04. Municipal court. b. Municipal judge. a. Establishment. There shall be established and maintained a municipal court with all powers and duties as are now, or may hereafter be, prescribed by the laws of the State of Texas for municipal courts. b. Municipal judge. City council shall appoint a competent attorney, duly licensed by the State of Texas, to be judge of the municipal court. The municipal judge shall be appointed and removed at the will and pleasure of city council by a vote of the majority of the entire city council. He or she shall serve at the pleasure of council and shall receive compensation as may be fixed by council. c. Alternate municipal judge. Council shall have the power to create and appoint additional judges as provided by law. d. Court clerk. Subject to the approval of the municipal judge, the city manager shall appoint a municipal court clerk and deputy clerks. Said clerk or clerks shall have the power to administer oaths and affidavits, make certificates, affix the seal of said court thereto and generally do and perform any and all acts usual and necessary by clerks of court in conducting the business thereof. e. Costs and fines. All costs and fines imposed by the municipal court, or any court in cases appealed from its judgments, less those designated for the State of Texas, shall be paid into the city treasury for the use and benefit of the city. AMENDMENT Q. Amending Article IV, Section 4.01. - Preparation and submission of budget. a. Contents of budget. a. Contents of budget. The budget shall provide a complete financial plan for the fiscal year. It shall contain the following: 1. A consolidated statement of revenues and expenditures for all funds. 2. An analysis of property valuations. 3. An analysis of tax rate. 4. Tax levies and tax collections by years for at least ten (10) years or for a number of years for which records are available. 5. A detailed listing of the resources of each fund. 6. A summary of proposed expenditures within such funds by department, function and classification. 7. A revenue and expense statement for all outstanding bonded debt. 8. A schedule of principal and interest on each issue of outstanding bonds showing rate of interest, maturity dates and amount outstanding. 9. The appropriation ordinance. 10. The tax-levying ordinance. AMENDMENT R. Amending Article IV, Section 4.02. - Availability of proposed budget. The proposed budget and all attachments shall be a public record in the office of the city secretary, open to public inspection. AMENDMENT S. Amending Article IV, Section 4.04. Public record. b. Availability. b. Availability. The final budget shall be printed or otherwise reproduced and sufficient copies shall be made available for the use of offices, departments and agencies, and for the use of interested persons and civic organizations. AMENDMENT T. Amending Article V, Section 5.01. Division of taxation. There shall be established in the department of finance a division of taxation. AMENDMENT U. Amending Article V, Section 5.01. Division of taxation. b. Payment of taxes. 1. When due and payable. All taxes due the city may be paid at any time after the tax rolls for the year have been completed and approved, which shall be not later than October 15. Taxes shall be paid before the first day of February (or the next business day if the first day of February is a Saturday, Sunday or legal holiday) following the year for which the tax was levied, and all such taxes not paid prior to such date shall be deemed delinquent and shall be subject to such penalty and interest as provided by the Texas Property Tax Code. AMENDMENT V. Amending Article V, Section 5.02. Purchase procedure. All purchases made and contracts executed by the city shall be pursuant to a requisition from or charged to a procurement card with the approval of the head of the office, department or agency whose appropriation will be charged, and no contract or order shall be binding upon the city unless and until the city manager or designee certifies that there is to the credit of such office, department or agency a sufficient unencumbered appropriation and allotment balance to pay for the supplies, materials, equipment, or contractual services for which the contract or order is issued. All purchases made and contracts executed by the city shall be made in accordance with the requirements of this charter and all applicable requirements of the Constitution and Statutes of the State of Texas. All contracts for purchases or expenditures must be expressly approved in advance by the council, except that the council may by ordinance confer upon the city manager, general authority to contract for expenditures without further approval of the council for all budgeted items the cost of which does not exceed the constitutional and statutory requirements for competitive bidding. AMENDMENT W. Amending Article V, Section 5.05. Borrowing. a. Negotiable notes. In any fiscal year, city council may by resolution authorize borrowing by the issuance and sale of negotiable notes of the city which shall mature and be payable not later than the end of the fiscal year in which the original notes have been issued. All such notes may be sold at not less than par and accrued interest at private sale by the director of the finance department without previous advertisement, but such sale shall be authorized by council. Such notes shall be in anticipation of either of the following: 1. Property taxes. Notes authorized in anticipation of the collection of property taxes in a fiscal year shall be designated "tax anticipation note for the year ____________/____________/____________" (stating the fiscal year). 2. Other revenues. Notes authorized in anticipation of the collection or receipt of other revenues shall be designated "special revenue note for the year ____________/____________/____________" (stating the fiscal year). b. Capital improvements. 1. Power and authority to incur indebtedness. The city shall have the power and authority, by ordinance duly adopted, to borrow money on the credit of the city for permanent public improvements and to issue its general obligation bonds, revenue bonds, refunding bonds, certificates of indebtedness, notes, warrants, or other forms of indebtedness pursuant to and in accordance with the present or hereinafter adopted or amended general and special laws of this state applicable to home rule cities, except as such power and authority is expressly limited or denied by this Charter, or any amendments hereto. AMENDMENT X. Amending Article VI, Section 6.01. Power of initiative. The registered voters of the city shall have power to propose ordinances to the council and, if the council fails to adopt an ordinance so proposed without any change in substance, to adopt or reject such ordinance at a city election, such power known as the initiative, but such power shall not extend to the budget or capital program, granting of franchises, or any ordinance relating to appropriation of money, levy of taxes or salaries of city officers or employees, or in conflict with this Charter, or the Constitution and laws of the State of Texas. AMENDMENT Y. Amending Article VI, Section 6.02. Power of referendum. The qualified voters shall have power to approve or reject at the polls any ordinance passed by council, or submitted by council to a vote of the qualified voters, such power being known as the referendum, but such power shall not extend to the budget, capital program, granting of franchises, or ordinance relating to appropriation of money or levying of taxes, or the preservation of public peace, health, or safety under emergency conditions. Ordinances submitted to council by initiative petition and passed by council without change shall be subject to the referendum in the same manner as the other ordinances. AMENDMENT Z. Amending Article VI, Section 6.03. - Procedure for initiative or referendum petition. a. Form of petition. 1. Text. 1. Text. Initiative petition signature pages shall contain the full caption of the proposed ordinance. The full text of the proposed ordinance shall be attached to the petition signature pages in order that it may be inspected before the petition is signed. AMENDMENT AA. Amending Article VI, Section 6.03. - Procedure for initiative or referendum petition. a. Form of petition. 2. Signatures. (a) a. The signatures to initiative or referendum petitions need not all be appended to one paper, but to each separate petition there shall be attached a statement of the circulator thereof as provided by this section. Each signer of any petition paper shall sign his or her name and shall indicate after his or her name his or her place of residence by street and number, or other description sufficient to identify the place. AMENDMENT BB. Amending Article VI, Section 6.03. - Procedure for initiative or referendum petition. a. Form of petition. 2. Signatures. (b) The petition shall be signed by a minimum of five hundred (500) registered voters of the city. AMENDMENT CC. Amending Article VI, Section 6.03. - Procedure for initiative or referendum petition. a. Form of petition. 3. Circulators. AMENDMENT DD. Amending Article VI, Sections 6.03. - Procedure for initiative or referendum petition. b. Submission of petition. 3. Certification. (b) Effect. and 6.06. - Amendment of initiative or referendum ordinances. 6.03 b. Effect. When a referendum petition or amended petition has been certified as sufficient by the city secretary, the ordinance specified in the petition shall not go into effect, or further action thereunder shall be suspended if it shall have gone into effect, until and unless approved by the voters, as hereinafter provided. 6.06 Amendment of initiative or referendum ordinances. Initiative and referendum ordinances adopted or approved by the voters shall be published, and may be amended or repealed by council, as in the case of other ordinances. AMENDMENT EE. Amending Article VI, Section 6.08. - Procedure for recall petition. a. Affidavit. a. Affidavit. Any qualified voter of the city may make and file with the city secretary an affidavit containing the name or names of the officer or officers whose removal is sought and a statement of the grounds for removal. For the recall of a district councilperson, the voter filing the affidavit must reside in that AMENDMENT FF. Amending Article VI, Section 6.08. - Procedure for recall petition. c. Return of petition. c. Return of petition. To be effective, the recall petition must: 1. For the recall of the Mayor or a Councilperson elected at large, the petition must be signed by a minimum of one thousand (1,000) registered voters of the city. For the recall of a district councilperson, the petition must be signed by a minimum of two hundred fifty (250) registered voters 2. Be returned and filed with the city secretary within thirty (30) days after the filing of the affidavit required in section 6.08.a. AMENDMENT GG. Amending Article VI, Section 6.10. Judicial relief. Should city council fail or refuse to order any of the elections as provided for in this article, when all the requirements for such election have been complied with by the petitioning voters in conformity with this article of the Charter, then judicial relief may be sought with the appropriate court for issuance of a writ of mandamus to compel compliance with the provisions of this article. AMENDMENT HH. Amending Article VIII, Section 8.01. Publicity of records. The public records of the City shall be available to the public subject to the procedures and applicable exceptions established in the Texas Public Information Act. The City Council may adopt regulations for the enforcement of this provision, as necessary. AMENDMENT II. Amending Article VIII, Section 8.02. Employers and officers. a. Personal financial interest. All members of the City Council, and all officers and employees of the City, having a financial interest in any contract or sale to the city of land, material, supplies or services shall be subject to and shall comply with applicable state law governing conflicts of interest, including but not limited to Texas Local Government Code Chapters 171 and 176. The City Council may adopt regulations for the enforcement of this provision, as necessary. AMENDMENT JJ. Amending Article VIII, Section 8.02. Employers and officers. c. Nepotism No person related, within the second degree by affinity or within the third degree by consanguinity, to the mayor or any councilperson or to the city manager, shall be employed in any office, position or clerkship of the city. This prohibition shall not apply to or prevent the appointment, voting for, or confirmation of any person who shall have been continuously employed in any office, position, or clerkship for the following period prior to the election or appointment, as applicable, of the city council member or city manager related to such employee in the prohibited degree: 1) at least 30 days, if related to the city manager; or 2) at least six months, if related to a member of city council. AMENDMENT KK. Amending Article VIII, Section 8.02. Employers and officers. d. Bonds.. d. Bonds. Council may by general ordinance require bonds of any municipal officers and employees who receive or pay out any monies of the city. The amount of such bonds shall be determined by council and the cost thereof borne by the city. AMENDMENT LL. Amending Article VIII, Section 8.02. - Employers and officers. h. Pensions. h. Pensions. City council may establish a pension plan for any employee, or may adopt in lieu thereof any pension system available to cities under state law. AMENDMENT MM. Amending Article VIII, Section 8.06. Amending this Charter. a. to clarify the frequency of charter review by substituting the current text of the first two paragraphs with This Charter shall be the subject of a mandatory review at least every ten (10) years. Amendments to the Charter may be proposed and submitted to the qualified voters of the City in the manner provided in state law. a. This Charter shall be the subject of a mandatory review at least every ten (10) years. Amendments to the Charter may be proposed and submitted to the qualified voters of the City in the manner provided in state law. Each amendment submitted shall contain only one subject and shall be printed separately on the ballot, each proposed amendment being followed by designations for the voter to vote for the amendment or against the amendment. Each proposed amendment, if approved by the majority of the qualified voters voting at said election, shall become a part of the Charter. The city secretary shall enter notice into the records of the city declaring the same adopted. AMENDMENT NN. Amending the City Charter throughout with a conforming amendment for gender- neutrality hishim hehis or herhim or her he or she REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:January 11, 2020 Source of Funds: Requested By:Louis R. Rigby, Mayor Department:City Council Account Number: Amount Budgeted: ReportResolutionOrdinance Amount Requested: Exhibits:Ord. 2021-3815, calling a special election to fill a vacancyin the Councilperson-District 6 position. Budgeted Item:YesNo SUMMARY& RECOMMENDATION A vacancy developed in the Councilperson-District 6 position with the passing of the officer-electon December 26, per Texas Election Code Sec. 201.022. While Councilperson Ojeda has kindly agreed to continue serving as the officeholderin a holdover capacity(allowed by the Texas Constitution given the fact that the officer-elect had not yet taken his oath, thus not qualifying for office), the City Charter, Texas Constitution, and Texas Election Code require the City to hold a special election within 120 days of the date of the vacancy, to fill the seat. As of the November 2020 election, there were just over 3,600 registered voters in District 6. Ballots were cast by 2,587 of these votersin November. However, only 150 District 6 voterscast ballots for the December 12 runoff. Timelineswhich may interactmust be considered in setting the date of a special election that is not held on a uniform election date. 1.Filing deadlinesFiling opens during regular City business hours once the election is called/ordered. -For an election called tonight,Jan. 11,the earliestdate for the election to be held would be Feb. 26. It would provide a candidate filing period from Jan. 12 through Jan. 17, or, practically, Friday, Jan. 15, as filingsare receivedduring regular City business hours.(However, the Election Codeprovides that a filing th deadline for these dates would be the 40date before election day, and that candidates have until the fifth day after the deadline to withdraw, but also that th the ballots should be completed no later than the 45day before election day) -For an election called tonight, Jan. 11, the latestdate for the election to be held would be April 25, or, practically, Saturday, April 24, as it would be highly unusual to have an election day on a Sunday. It would provide a candidate filing period from Jan. 12 through January 25, as filings are received during regular City business hours. - For an election called tonight, Jan. 11, for a date after Feb. 26 but before April 25, the filing deadline moves out accordingly. 2. Equipment programming is adequate to run both the special election and the regular May election simultaneously. - One option is to select a special election date for no later than the end of March, to allow time for the equipment to be reprogrammed for the May 1 regular election. March 27 is appealing in that it makes the ITC polling location easier for LPISD to accommodate, as they will be on spring break for the first full week of early voting, March 15-19, providing less interaction between LPISD staff/faculty/students and District 6 voters. The LPISD ITC Building is adjacent to District 6 and makes this a convenient polling location for voters. 3. Early voting LPISD has confirmed the ITC Building is available for early voting for the District 6 vacancy special election. In anticipation of likely voter turnout recommended that ITC be the only polling location for both early voting, and election day voting, for the District 6 vacancy special election. CSO and the Assistant City Attorney have worked closely on considering the variables for this election. The staff recommendation is that the election be held on March 27, 2021, utilizing the LPISD ITC Building as the single polling location, for early voting and on election day. This provides a filing period from Tuesday, January 12, through 5 p.m. on Monday, January 25, 2021. ACTION REQUIRED BY CITY COUNCIL Select an election date for the Councilperson-District 6 special election to fill a vacancy, provide direction on any election options, and adopt Ordinance 2021- 3815 providing for the election. ORDINANCE 2021-3815 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, ORDERING A TH SPECIAL MUNICIPAL ELECTION TO BE HELD ON THE 27 DAY OF MARCH, 2021, FOR THE PURPOSE OF ELECTING A COUNCILPERSON-DISTRICT 6; DESIGNATING THE PLACES AND MANNER OF HOLDING THE ELECTION; AND PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE; PROVIDING A SAVINGS CLAUSE; PROVIDING AN OPEN MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: SECTION 1. A special municipal election of the City of La Porte, Texas, for election of a member of the City Council as prescribed by Section 2.03 of the City Charter, shall be held between seven o'clock (7:00) a.m. and seven th o'clock (7:00) p.m. on the 27 day of March, 2021, in the city, for the purpose of electing a Councilperson-District 6. A runoff election will be held, if necessary, on May 1, 2021, that day being the May uniform election date, between seven o'clock (7:00) a.m. and seven o'clock (7:00) p.m., all such arrangements for which are authorized by the adoption of this ordinance. 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 place for this election precinct shall be as follows: City District/ City Election Precinct Polling Location 6 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) for this election for the use of their facility. The City Secretary and Mayor are hereby authorized to perform all duties and take all actions as required by any election services contract(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 special election herein called may be filed with the City Secretary beginning on January 12, 2021, and must be filed not later than 5:00 p.m. on January 25, 2021. SECTION 5. The position of Councilperson-District 6 shall be elected and installed with the candidate that receives a majority vote of all the votes cast for said office and shall hold office for the remainder of the three- (3-) year term, which concludes at the time of the holding of the May 2023 general municipal election, and any resulting runoff, for the election of members to the La Porte City Council. SECTION 6. Each candidate for the office of Councilperson-District 6 must be a resident qualified voter of the City for twelve (12) months immediately preceding election day and must also be a resident of District 6 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 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 who shall promptly provide them per the provisions of the Texas Election Code. The deadline to hand deliver an application for a ballot by mail (ABBM) is Friday, March 12, 2021. The last day for the early voting clerk to receive applications for a ballot to be voted by mail via mail, fax, common or contract carrier, or email, per the Election Code provisions of Sec. 84.007(c) is Tuesday, March 16, 2021. If a voter submits an application for ballot by mail via fax or email, the early voting clerk must receive an original or a copy with a wet signature via mail within four business days of the submission of the fax or email, in accordance with Election Code Sec. 84.007(c). The place at which Early Voting by personal appearance shall be conducted is designated as the La Porte Independent School District Instructional Technology Center (ITC Building), 9832 Spencer Highway, La Porte, Texas, (main early voting polling place). During the lawful early voting period, such Early Voting Clerk shall keep such location for early voting open for early voting from 8:00 a.m. - 5:00 p.m., beginning Monday, March 15, 2021, and continuing through Tuesday, March 23, 2021, with the exception of Tuesday, March 16, 2021, and Tuesday, March 23, 2021, 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 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 st said election shall be posted on the 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 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 Texas 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 13. This ordinance shall be in effect immediately upon its passage and approval. th PASSED AND APPROVED, this 11 day of January 2021. CITY OF LA PORTE, TEXAS ________________________________ Louis R. Rigby, Mayor ATTEST: APPROVED AS TO FORM: _______________________________ _________________________________ Lee Woodward, City Secretary Clark T. Askins, Assistant City Attorney