Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
12-10-12 Regular Meeting of La Porte City Council
LOUIS R. RIGBY Mayor JOHN ZEMANEK Mayor Pro-Tem, Councilmember At Large A DOTTIE KAMINSKI Councilmember At Large B MIKE MOSTEIT Councilmember District 1 CHUCK ENGELKEN Councilmember District 2 CITY COUNCIL MEETING AGENDA DARYL LEONARD Councilmember District 3 TOMMY MOSER Councilmember District 4 JAY MARTIN Councilmember District 5 MIKE CLAUSEN Councilmember District 6 Notice is hereby given of a Regular Meeting of the La Porte City Council to be held December 10, 2012, beginning at 6:00 p.m. in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas, for the purpose of considering the following agenda items. All agenda items are subject to action. 1. CALL TO ORDER 2. INVOCATION — The invocation will be given by Father Gary Rickles, St. Mary's Catholic Church. 3. PLEDGE OF ALLEGIANCE — The Pledge of Allegiance will be led by Councilmember Chuck Engelken. 4. PUBLIC COMMENTS (Limited to five minutes per person.) Craig Guidry, 1317 4th Street, Seabrook, Texas — Traffic at Five Points Plaza 5. CONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.) (a) Consider approval or other action regarding the minutes of regular City Council meeting held on November 12, 2012 — P. Fogarty (b) Consider approval or other action to order a fire truck with an additional 1.5% cost ($6,500.00) for acquisition of safety equipment — M. Boaze (c) Consider approval or other action amending Fiscal Year 2012 outstanding purchase orders — M. Dolby (d) Consider approval or other action regarding a change order for equipment procurement and installation of Fire Station No. 1 security and access systems — M. Boaze (e) Consider approval or other action authorizing the City Manager to sign an Intergovernmental Agreement with Houston -Galveston Area Council (HGAC) for a regional DWI Task Force grant — K. Adcox (f) Consider approval or other action awarding Bid # 13003 for City vehicles — D. Mick (g) Consider approval or other action awarding Bid # 13006 for heavy trash trucks — D. Mick 6. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES (a) Public hearing to receive comments regarding recommendations of the Planning and Zoning Commission for proposed regulations allowing Accessory Structures without Primary Structure/Use within the Large Lot district — T. Tietjens (b) Consider approval or other action regarding an ordinance amending Chapter 106 "Zoning" of the Code of Ordinances of the City of La Porte by allowing Accessory Structure, Use or Building without required Principal Structure on the same property for tracts one acre or larger and located in the Large Lot zoning district — T. Tietjens (c) Public hearing to receive comments regarding recommendations of the Planning and Zoning Commission to approve Rezone Request #12-92000002, from Business Industrial (BI) to Light Industrial (LI) for existing facility located at 3000 North 23d Street — T. Tietjens (d) Consider approval or other action regarding an ordinance amending Chapter 106 "Zoning" of the Code of Ordinances of the City of La Porte by changing the zoning classification from Business Industrial (BI) to Light Industrial (LI) for property located at 3000 North 23d Street - T. Tietjens (e) Public hearing to receive comments regarding recommendations of the Planning and Zoning Commission to approve Rezone Request #12-92000003, from Low Density Residential (R-1) to General Commercial (GC) for property located at 3122 Underwood Road — T. Tietjens (f) Consider approval or other action regarding an ordinance amending Chapter 106 "Zoning" of the Code of Ordinances of the City of La Porte by changing the zoning classification from Low Density Residential (R-1) to General Commercial (GC) for property located at 3122 Underwood Road — T. Tietjens 7. AUTHORIZATIONS/RESOLUTIONS/ORDINANCES (a) Consider approval or other action regarding an ordinance adopting an update to the Comprehensive Plan of the City of La Porte that includes revision to Map 2.1, Revitalization Areas, upon recommendation of the Planning and Zoning Commission — T. Tietjens (b) Consider approval or other action authorizing the City Manager or his designee to send a letter of support for the proposed Mariposa at Pecan Park apartment project for senior adults, to be located along Canada Road — T. Tietjens 8. DISCUSSION OR OTHER ACTION (a) Discussion or other action regarding the report from the Citizens' Charter Review Advisory Commission — P. Fogarty (b) Discussion or other action regarding health care benefits for retirees — C. Alexander (c) Discussion or other action regarding Planning Audit — C. Alexander (d) Discussion or other action regarding amended budgets and projects for inclusion in the upcoming quarterly budget amendment — T. Leach 9. ADMINISTRATIVE REPORTS (a) Receive report from City Manager • Christmas Holidays, Monday, December 24, 2012, and Tuesday, December 25, 2012 • City Council Meeting, Monday, January 14, 2013 • Fiscal Affairs Committee Meeting, Monday, January 21, 2013 • City Council Meeting, Monday, January 28, 2013 • Utility billing kiosk 10. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies — Councilmembers Engelken, Mosteit, Clausen, Martin, Moser, Kaminski, Zemanek, Leonard, and Mayor Rigby. 11. EXECUTIVE SESSION The City Council reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code. Texas Government Code, Section 551.072 — Deliberation regarding purchase, exchange, lease or value of real property: Discussion regarding former Parks and Wildlife Building and adjoining lots. Texas Government Code, Section 551.074 employment, evaluation, reassignment, duties, employee: Corby Alexander, City Manager — Deliberation concerning the appointment, discipline, or dismissal of a public officer or 12. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive session. 13. ADJOURN In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable accommodations for persons attending public meetings. To better serve attendees, requests should be received 24 hours prior to the meeting. Please contact Patrice Fogarty, City Secretary, at 281.470.5019. CERTIFICATION I certify that a copy of the December 10 2012, agenda of items to be considered by the City Council was posted on the City Hall bulletin board on December 4, 2012. Patrice Fogarty,. Cit y S ecretary Council Agenda Item December 10, 2012 1. CALL TO ORDER 2. INVOCATION — The invocation will be given by Father Gary Rickles, St. Mary's Catholic Church. 3. PLEDGE OF ALLEGIANCE — The Pledge of Allegiance will be led by Councilmember Chuck Engelken. 4. PUBLIC COMMENTS (Limited to five minutes per person.) Craig Guidry, 1317 4th Street, Seabrook, Texas — Traffic at Five Points Plaza *********************************************************************************** LOUIS RIGBY Mayor JOHN ZEMANEK Mayor Pro Tem Councilmember At Large A DOTTIE KAMINSKI Councilmember At Large B MIKE MOSTEIT Councilmember District 1 CHUCK ENGELKEN Councilmember District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE NOVEMBER 12, 2012 DARYL LEONARD Councilmember District 3 TOMMY MOSER Councilmember District 4 JAY MARTIN Councilmember District 5 MIKE CLAUSEN Councilmember District 6 The City Council of the City of La Porte met in a regular meeting on Monday, November 12, 2012, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m. to consider the following items of business: 1. CALL TO ORDER Mayor Rigby called the meeting to order at 6:00 p.m. Members of Council present: Councilmembers Zemanek, Engelken, Mosteit, Kaminski, Martin, Clausen and Moser. Absent: Councilmember Leonard. Also present were City Secretary Patrice Fogarty, City Manager Corby Alexander and Assistant City Attorney Clark Askins. 2. INVOCATION - The invocation was given by Michael Thannisch, Congregation Benin Avraham. 3. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was led by Mayor Rigby. 4. PUBLIC COMMENTS (Limited to five minutes per person.) Chuck Rosa, 812 S. Virginia, addressed Council in opposition to the La Porte Comprehensive Plan Update as recommended by the La Porte Planning and Zoning Commission. Blanca Villarreal, 402 Bay Oak, addressed Council regarding agenda item 6d and requested Council allow her more time to have an engineer review the plans for her property. Stuart Shaw, 6009 Eleos Circle, Austin, Texas, addressed Council regarding proposed Mariposa Apartment Homes at Pecan Park and requested Council to extend the revitalization site. Mr. Shaw informed Council he would be addressing the matter with the Planning and Zoning Commission, as well. 5. CONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.) (a) Consider approval or other action regarding the minutes of regular City Council meeting held on October 22, 2012 — P. Fogarty (b) Consider approval or other action authorizing the purchase of furniture for Fire Station No. One through Global Industries Inc., utilizing the Texas Municipal Discount pricing — D. Ladd (c) Consider approval or other action awarding Bid # S13001 for the sale of Lot 10, Block 46, Bayfront Addition of the Town of La Porte, Harris County, Texas — S. Cream (d) Consider approval or other action regarding a Resolution amending the City's Financial Management Policies — M. Dolby Page 1 of 10 November 12, 2012, City Council Meeting Minutes (e) Consider approval or other action awarding Bid # 12031 for plastic garbage bags — D. Mick (f) Consider approval or other action authorizing the City Manager to execute a contract with Aztec Remodeling and Landscaping for waterline and sanitary sewer crossing replacement at Boggy Bayou — D. Mick (g) Consider approval or other action regarding rescinding Resolution 2012-12 designating INEOS USA, L.L.C., as a State of Texas Enterprise Zone Project and consider approval or other action regarding a new Resolution designating INEOS USA, L.L.C., as a State of Texas Enterprise Zone Project — S. Osborne (h) Consider approval or other action regarding the Fiscal Year 2012 Audit/Asset Forfeiture Report and associated financial records — K. Adcox Regarding Consent Item 5g, Councilmember Zemanek questioned the wording changes of the new resolution designating INEOS USA, L.L.C. as a State of Texas Enterprise Zone Project, and staff explained the reason for passage of the new resolution is because the previous resolution had incorrect information in the body. Councilmember Engelken moved to approve the Consent Agenda pursuant to recommendations by staff. Councilmember Martin seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Martin, Engelken, Zemanek, Kaminski, Clausen, Mosteit, and Moser Nays: None Absent: Councilmember Leonard 6. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES (a) Continue Public Hearing from October 22, 2012, to receive comments regarding the La Porte Comprehensive Plan Update as recommended by the La Porte Planning and Zoning Commission — T. Tietjens City Council reopened the public hearing at 6:18 p.m., continuing the public hearing from October 22, 2012, regarding the La Porte Comprehensive Plan Update as recommended by the La Porte Planning and Zoning Commission. Planning Director Tim Tietjens introduced Matt Bucchin with Kendig Keast Collaborative; and Mr. Bucchin presented Chapters 4-6 of the 2030 La Porte Comprehensive Plan. Councilmember Moser asked whether the downtown master plan would include both Main Street and Sylvan Beach waterfront areas, and whether a Citizens Advisory Committee would need to be appointed for Main Street. Planning Director Tim Tietjens responded, "Not necessarily." It is to point City Council in the direction of a plan specific to the areas which were the original platted part of downtown and towards Sylvan Beach. Councilmember Moser commented he is concerned that individuals who do not live on Main Street voiced opinions on how Main Street business owners should spend their money. Councilmember Mosteit commented the terminology being used in the Comprehensive Plan does not indicate Council is reversing any prior action on connectivity and mobility. Planning Director Tim Tietjens responded that is correct; the Comprehensive Plan is a non -regulatory document. Chuck Rosa, 812 S. Virginia St., addressed Council and commented he is happy to live in La Porte and expressed his opposition to the La Porte Comprehensive Plan Update. City Council closed the public hearing at 7:04 p.m. Page 2 of 10 November 12, 2012, City Council Meeting Minutes (b) Consider approval or other action regarding the recommendation of the Planning and Zoning Commission to adopt the La Porte Comprehensive Plan Update — T. Tietjens Councilmember Engelken left the table at 7:10 p.m. Assistant City Attorney Clark Askins commented Council could direct staff to prepare a formal ordinance for adoption of the Comprehensive Plan at the December 10, 2012, Council meeting, after advising of any changes Council wishes to make. Councilmember Clausen moved to accept the recommendations of the Planning and Zoning Commission and bring the item to the December 10, 2012, Council Meeting for formal adoption. Councilmember Zemanek seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Kaminski, Clausen, Mosteit, Martin and Moser Nays: Councilmember Zemanek Absent: Councilmembers Leonard Away from the table during vote: Councilmember Engelken (c) Public Hearing to receive comments from the public regarding condemnation of twelve (12) substandard buildings — D. Wilmore The public hearing opened at 7:15 p.m. Building Official Debbie Wilmore presented a summary of condemnation of twelve (12) substandard buildings. Ms. Wilmore advised Council an earnest money contract had been received for 129 N. 10th and 135 Pine Bluff had been sold on October 22, 2012, since the agenda request had been written and requested a ninety -day continuance on these properties. Building Official Wilmore reported staff had not received any communication regarding 9510 Belfast Rd. and requested Council pass the ordinance; regarding 2223 Underwood Rd., staff had not received any communication, and requested Council pass the ordinance; regarding 1829 Valley View Dr., staff had not received any communication from the owners family or the mortgage company and requested Council pass the ordinance; regarding 129 N. 10th St., staff has a copy of the earnest money contract that has a thirty -day feasibility clause, and staff met with the proposed owner on the Thursday prior to this meeting; and the owner indicated he will be moving forward with purchasing the property and anticipates a December closing. Ms. Wilmore advised Council this is one of the properties on which staff requests a ninety -day continuance; regarding 402 Bay Oaks Rd., the property is valued at one hundred dollars on the tax rolls; staff has requested the plans to rebuild the property since July and had only received floor plans with no other construction plans; the City had to mow the property in September, and the property needs to be mowed again due to the owner not maintaining the property. Regarding 402 Bay Oaks Rd., Ms. Wilmore requests Council pass the ordinance; regarding 3031 S. Broadway, staff has not received any communication from the owner but believes the owner will be addressing Council during public comments; regarding 135 Pine Bluff St., Ms. Wilmore reported staff has a copy of the sale contract, and the property was closed on October 22nd. Ms. Wilmore requested a ninety -day continuance to communicate with the new owner; regarding 213 Bayshore Dr., Ms. Wilmore reported staff has a voluntary consent to demolish the property from the owner, and there was no action required of Council since the owner was in agreement to demolish the property; regarding 508 Donaldson St., Ms. Wilmore reported a will has been probated, and the owner did not object to condemnation of the property, and Ms. Wilmore requested Council pass the ordinance; regarding 111 S. Carroll St., Ms. Wilmore reported the property is related to a tax cause number, and requested Council pass the ordinance; regarding 303 W. Polk, Ms. Wilmore reported the owner's wife is deceased and a will was never probated and the owner was aware of the ordinance before Council; Ms. Wilmore requested Council pass the ordinance; regarding 318 N. 5th St., Ms. Wilmore reported she had no Page 3 of 10 November 12, 2012, City Council Meeting Minutes communication other than a phone conversation with a granddaughter informing staff a will had never been probated by the aunt and uncle; Ms. Wilmore requested Council pass the ordinance; regarding 500 W. Main, Ms. Wilmore reported she had no communication from the owner since July 2012, but believed the owner and his attorney are present and would be addressing Council during public comments. J.B. Williamson, 820 W. Main # 13, addressed Council on behalf of Mr. Gilbert Diaz regarding the property located at 500 W. Main, and advised Mr. Diaz had applied for a building permit to bring the property up to code; and the permit was denied. Mr. Diaz appealed to the Zoning Board of Adjustment and requested Mr. Williamson represent him. Mr. Williamson advised Council he requested the item be taken off the Zoning Board of Adjustment agenda, and the engineering plans have been amended. Mr. Williamson requested Council grant an extension and allow Mr. Diaz to request another hearing with the Zoning Board of Adjustment in order to move forward with repairing the property. Susan Rector, 3141 S. Broadway, addressed Council and requested a extension of ninety days to communicate with Building Official Debbie Wilmore regarding the repairing of her property located at 3031 S. Broadway. Jerry Gurley, 16002 Clearcrest, addressed Council and requested a ninety -day extension on the property located at 135 Pine Bluff. Blanca Villarreal, 402 Bay Oaks, requested a sixty-day extension on the property located at 402 Bay Oaks. City Council closed the public hearing at 7:31 p.m. Councilmember Engelken returned to the table at 7:32 p.m. Councilmember Moser moved to continue the public hearing until February 25, 2013, providing an additional 90 days, regarding properties located at 129 N. 10th St., 402 Bay Oaks Rd., 3031 S. Broadway, 135 Pine Bluff St., and 500 W. Main. Councilmember Clausen seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski, Clausen, Mosteit, Martin and Moser Nays: None Absent: Councilmember Leonard (d) Consider approval or other action regarding Ordinances authorizing the condemnation of twelve (12) substandard buildings — D. Wilmore Councilmember Moser moved to approve the Ordinances authorizing the condemnation of (7) substandard buildings. Councilmember Kaminski seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski, Clausen, Mosteit, Martin and Moser Nays: None Absent: Councilmember Leonard Assistant City Attorney Clark Askins read the caption of Ordinance 2012-3444 AN ORDINANCE DECLARING THE BUILDING(S) LOCATED AT BLK 15, LT 253, SPENWICK PLACE, SEC 2, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT SHELLY GAIL ZAFEREO & PETER D. ZAFEREO ARE THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS Page 4 of 10 November 12, 2012, City Council Meeting Minutes ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN FORTY-FIVE (45) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. Assistant City Attorney Clark Askins read the caption of Ordinance 2012-3445 AN ORDINANCE DECLARING THE BUILDING(S) LOCATED AT TRA9013-1, LA PORTE OUTLOTS, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT RICHARD P. GRIFFIN, PRES. % HEALTH & SAFETY MGMT. INC. & JAMES H. GRIFFIN, MGR. % THREE POINTS INVESTMENTS, LTD. ARE THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN FORTY-FIVE (45) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. Assistant City Attorney Clark Askins read the caption of Ordinance 2012-3446 AN ORDINANCE DECLARING THE BUILDING(S) LOCATED AT BLK 1, LT 33, GREENDALE U/R, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT LORRAINE N. RONNING, DAVID M. D'ALESIO % JP MORGAN CHASE & DEAN C. RONNING. ARE THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN FORTY-FIVE (45) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. Assistant City Attorney Clark Askins read the caption of Ordinance 2012-3447 AN ORDINANCE DECLARING THE BUILDING(S) LOCATED AT BLK 33, LTS 19-26, BAYFRONT TO LA PORTE, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT ELMER HUGH PFEIFFER & DONNA J. PFEIFFER. ARE THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN FORTY-FIVE (45) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. Assistant City Attorney Clark Askins read the caption of Ordinance 2012-3448 AN ORDINANCE DECLARING THE BUILDING(S) LOCATED AT BLK 87, LTS 6 & 7, BAYFRONT TO LA PORTE, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT LA PORTE INDEPENDENT SCHOOL DISTRICT % PERDUE, BRANDON, FIELDER, COLLINS & MOTT, LLP. ARE THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN FORTY-FIVE (45) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. Page 5 of 10 November 12, 2012, City Council Meeting Minutes Assistant City Attorney Clark Askins read the caption of Ordinance 2012-3449 AN ORDINANCE DECLARING THE BUILDING(S) LOCATED AT BLK 58, LTS 32 & 33, LA PORTE, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT LOUIS SENEGAL & LOUIS SINEGAL, ET UX — ALICE SINEGAL. ARE THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN FORTY-FIVE (45) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. Assistant City Attorney Clark Askins read the caption of Ordinance 2012-3450 AN ORDINANCE DECLARING THE BUILDING(S) LOCATED AT BLK 80, LTS 7 & 8, LA PORTE, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT PAULINE LEWIS & BETTY MOORE. ARE THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN FORTY-FIVE (45) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. 7. AUTHORIZATIONS/RESOLUTIONS/ORDINANCES (a) Consider approval or other action regarding a Resolution appointing one representative and one alternate to the H-GAC (Houston -Galveston Area Council) 2013 General Assembly and Board of Directors — P. Fogarty City Secretary Patrice Fogarty presented a summary. Assistant City Attorney read the caption of Resolution 2012-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, SELECTING A REPRESENTATIVE AND AN ALTERNATE TO THE HOUSTON-GALVESTON AREA COUNCIL 2013 GENERAL ASSEMBLY AND BOARD OF DIRECTORS. Councilmember Kaminski moved to adopt Resolution 2012-15 appointing Councilmember Engelken as the representative and Councilmember Martin as the alternate representative to the H-GAC (Houston -Galveston Area Council) 2013 General Assembly and Board of Directors. Councilmember Zemanek seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski, Clausen, Mosteit, Martin and Moser Nays: None Absent: Councilmember Leonard (b) Consider approval or other action regarding an Interlocal Agreement with Harris County for the construction of a culvert at P Street — J. Garza Senior Engineer Julian Garza presented a summary. Councilmember Mosteit moved to approve an Interlocal Agreement with Harris County for the construction of a culvert at P Street. Councilmember Moser seconded. MOTION PASSED. Page 6 of 10 November 12, 2012, City Council Meeting Minutes Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski, Clausen, Mosteit, Martin and Moser Nays: None Absent: Councilmember Leonard (c) Consider approval or other action authorizing the City Manager to execute an agreement with LJA Engineering, Inc., for the engineering design of a culvert extension at P Street at its intersection with the F101-06 Drainage Channel —J. Garza Senior Engineer Julian Garza presented a summary. Councilmember Zemanek commented staff requested $166,000.00 for engineering design by Klotz and Associates in September 2011, and Council approved $26,000.00 because they thought 8'x10' box culverts would suffice. Councilmember Zemanek questioned how $78,000.00 for engineering and design work and $85,000.00 for construction could be justified; and whether the design work could have been done in-house. Senior Engineer Garza responded it is his professional opinion the hydraulic modeling could not be conducted in-house in an efficient and cost effective manner without the proper tools and resources. Councilmember Mosteit moved to authorize the City Manager to execute an agreement with LJA Engineering, Inc., for the engineering design of a culvert extension at P Street at its intersection with the F101-06 drainage channel. Councilmember Clausen seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski, Clausen, Mosteit, Martin and Moser Nays: None Absent: Councilmember Leonard (d) Consider approval or other action regarding a Resolution authorizing the City Attorney to represent the City of La Porte in the acquisition of property for the F216 Little Cedar Bayou Phase 2 Improvements — J. Garza Councilmember Engelken left the table at 7:59 p.m. Senior Engineer Julian Garza presented a summary. Assistant City Attorney read the caption of Resolution 2012-16 A RESOLUTION AUTHORIZING THE ACQUISTION OF RIGHTS -OF -WAY FOR FLOOD CONTROL PURPOSES IN THE CITY OF LA PORTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Councilmember Moser moved to approve Resolution 2012-16 authorizing the City Attorney to represent the City of La Porte in the acquisition of property for the F216 Little Cedar Bayou Phase 2 Improvements. Councilmember Zemanek seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Zemanek, Kaminski, Clausen, Mosteit, Leonard, Martin and Moser Nays: None Absent: Councilmember Leonard Away from the table during vote: Councilmember Engelken Councilmember Engelken returned to the table at 7:59 p.m. (e) Consider approval or other action regarding Ordinance 842-C to amend the boundary of La Porte ETJ within the Bayport Industrial District pursuant to the Interlocal Agreement between the Cities of La Porte and Pasadena — T. Tietjens Page 7 of 10 November 12, 2012, City Council Meeting Minutes Planning Director Tim Tietjens presented a summary. 0 Councilmember Engelken questioned if there is an update or timeline on Harris County amending the Flood Plain Map in the Brookglen area with the improvements. Planning Director Tim Tietjens responded in the Interlocal Agreement, the City of Pasadena would be given three years to construct the detention; and then staff would be able to go back to FEMA and obtain a Letter of Map Revision that would likely show several homes falling out of the hundred -year flood plain. Councilmember Engelken commented he did not have a problem approving the item but did have a problem with not having the ability to lower the insurance rates for the citizens in the area that are paying four times the rate of other citizens. Councilmember Engelken also commented what Harris County Flood Control did was unjust to the citizens in La Porte. Assistant City Attorney read the caption of Ordinance 842-C AN ORDINANCE AMENDING ORDINANCE NO. 842, 842-A, AND 824-B, ORDINANCES DESIGNATING CERTAIN LAND WITHIN THE EXCLUSIVE EXTRATERRITORIAL JURISDICTION OF THE CITY OF LA PORTE, TEXAS, AS AN INDUSTRIAL DISTRICT TO BE KNOWN AS "BAYPORT INDUSTRIAL DISTRICT NO. 1 OF THE LA PORTE, TEXAS," RESERVING AND PRESERVING ALL RIGHTS, POWERS AND DUTIES OTHERWISE REPOSING BY LAW IN THE CITY COUNCIL OF THE CITY OF LA PORTE; PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Councilmember Zemanek moved to amend Ordinance Nos. 842, 842-A and 842-B to adjust La Porte extraterritorial jurisdiction within the Bayport Industrial District pursuant to Interlocal Agreement between the City of La Porte and the City of Pasadena. Councilmember Martin seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski, Clausen, Mosteit, Martin and Moser Nays: None Absent: Councilmember Leonard (f) Consider approval or other action regarding an Ordinance authorizing a new Industrial District Agreement with Lyondell Chemical Company — T. Tietjens Planning Director Tim Tietjens presented a summary. Assistant City Attorney read the caption of Ordinance 3452 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMETN WITH LYONDELL CHEMICAL, A DELAWARE CORPORATION FOR THE TERM COMMENCING JANUARY 1, 2008, AND ENDING DECEMBER 31, 2019, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Councilmember Zemanek moved to approve Ordinance 3452 authorizing a new Industrial District Agreement with Lyondell Chemical Company. Councilmember Kaminski seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Engelken, Zemanek, Kaminski, Clausen, Mosteit, Martin and Moser Nays: None Absent: Councilmember Leonard REPORTS (a) Receive report of Fiscal Affairs Committee — Councilmember Engelken Councilmember Engelken provided a report of the Fiscal Affairs Committee. Page 8 of 10 November 12, 2012, City Council Meeting Minutes (b) Receive report of La Porte Development Corporation Board — Councilmember Engelken Councilmember Engelken provided a report of the La Porte Development Corporation. (c) Receive report on utility billing processes, including payment schedules — M. Dolby Finance Director Michael Dolby provided a report on the utility billing processes, including payment schedules. (d) Receive Delinquent Tax Report — Mayor Rigby Assistant City Manager Traci Leach provided information on the Delinquent Tax Report. Councilmember Zemanek commented the Delinquent Tax Report was tax year 2012 and questioned if the individual were paying taxes early and not delinquent. Tax Manager Kathy Powell responded yes, taxes were paid early. Councilmember Zemanek also questioned if Council could receive a report of individuals who voluntarily pay taxes and individuals who pay taxes due to the firm collecting the taxes. Tax Manager Kathy Powell responded she would contact the firm and see if a report could be provided. 9. ADMINISTRATIVE REPORTS (a) Building Codes Appeals Board Meeting — Tuesday, November 13, 2012 (b) Planning and Zoning Commission Meeting — Thursday, November 15, 2012 (c) Thanksgiving Holidays — Thursday, November 22, 2012, and Friday, November 23, 2012 (d) City Council Meeting — Monday, December 10, 2012 (e) Christmas Holidays — Monday, December 24, 2012, and Tuesday, December 25, 2012 City Manager Corby Alexander commented the Utility Billing Report was provided to let citizens know of the options for making payments and assured Council that staff does everything possible to make it convenient for citizen to pay utility bills in a timely manner. Mr. Alexander also reported Economic Development Coordinator Stacey Osborne had turned in her resignation and there would be a Farewell Reception held Thursday, November 15th at 3:00 p.m. in the City Manager's Office and encouraged everyone to attend and wish Ms. Osborne the best in her future endeavors. 10. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of factual information or existing policies — Councilmembers Leonard, Engelken, Mosteit, Clausen, Martin, Moser, Kaminski, Zemanek and Mayor Rigby. Councilmembers Engelken, Zemanek and Kaminski wished everyone a Happy Thanksgiving; Councilmember Mosteit wished everyone a Happy Thanksgiving and congratulated Councilmembers Engelken and Martin on their reappointment as representatives to the H-GAC (Houston -Galveston Area Council) 2013 General Assembly and Board of Directors; Councilmember Clausen wished everyone a Happy Thanksgiving and reminded everyone of the upcoming La Porte High School football game; Councilmember Moser thanked Council and the City Manager for attending the Harvest Banquet; and Mayor Rigby also wished everyone a Happy Thanksgiving and requested a short email on certified appraisal of dilapidated buildings. 11. Executive Session The City Council reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code. There was no executive session held. Page 9 of 10 November 12, 2012, City Council Meeting Minutes 12. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive session. There was no executive session held. 13. ADJOURN There being no further business, Councilmember Engelken moved to adjourn the meeting at 8:18 p.m. Respectfully submitted, Patrice Fogarty, City Secretary Passed and approved on December 10, 2012. Mayor Louis R. Rigby Page 10 of 10 November 12, 2012, City Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 10, 2012 Requested By: Donald Ladd Department: Report: X Resolution: Ordinance: Exhibits: Memorandum of Agreement Exhibits: Exhibits Budget Source of Funds: Vehicle Replacement Account Number: 00950515228050 Amount Budgeted: Amount Requested: Budgeted Item: YES SUMMARY & RECOMMENDATION As approved in the April 9, 2012 city council meeting the Fire Department has negotiated pricing for upcoming fire department truck purchases. These fire trucks, with the exception of one, are to be replaced in the upcoming years due to vehicle replacement per the city 20 year replacement policy. The remaining truck is in need of replacement due to substandard performance. Each truck purchase must be approved by Council at time of order. Buy Board Price Truck 1 October 2012 $414,323.00* Truck 2 October 2013 $418,462.86 (1%) Truck 3 October 2014 $424,730.20 (1 1/z%) Truck 4 October 2015 $431,091.55 (1 1/z%) Truck 5 October 2017 $444,101.84 (1 1/z%) *Truck approved at the March 121' council meeting The existing agreement with the pricing outlined above has already saved the City approximately 2-3% on the purchase of Truck 2, as current pricing for this same vehicle is running approximately 3-5% higher than last year's truck. The City, through this agreement, saw a 1% increase in cost over last year. The Fire Department is now ready to order the second truck in the agreement to be delivered budget year 2013-2014. Fire department is requesting a maximum of $6,500.00 (1.5% of the total cost) in additional contingency in order to make adjustments to lighting, communication and safety equipment due to NFPA and Sate recommendations. Firm pricing will be available on these safety and efficiency modifications at the time of the formal bid award for Council consideration. Action Required by Council: Consider approval or other action to authorize placing an order for the second fire truck ($418,462.86) in the 5 truck series agreement, with an additional 1.5% ($6,500.00) for the additional safety equipment. Approved for City Council Agenda Corby D. Alexander, City Manager Date Memorandum of - ., •' r .Sutphen Corporation 1. Intent: The City of La Porte, Texas desires to standardize its fleet of pumper trucks. Standardization provides a number of benefits, such as uniformity of parts, streamlined maintenance and parts replacement, and trucks can be more easily utilized by fire personnel from each station because equipment and materials can be stored in identical layouts among numerous trucks. Additionally, standardization can provide an opportunity for the City to realize substantial cost savings, The Fleet Maintenance Replacement schedule identifies five pumpers that will be due for replacement in the next five years (2013-2017). The Fire Department conducted an evaluation of the various manufacturers of pumper trucks and determined that Heavy Duty Sutphen "Shield 2" pumpers provided the best truck for the department's needs. The City recently placed an order for one of these pumpers based on the Austin Buy Board Purchasing Cooperative, for an anticipated delivery in November 2012. 2. Standardization Implementation: The City accepts the proposal from Sutphen Corporation (attached hereto as "Exhibit A" and incorporated by reference for all purposes), which references the procurement of one (1) or more Heavy Duty Sutphen "Shield S-2" pumper trucks and would like to take advantage of the offer to have the option to purchase up to five (5) pumper trucks based of the time frame and pricing structure included in the Sutphen proposal. The Sutphen proposal details the specifications and pricing per the 2011-2012 Austin BuyBoard Contract #323-09 and the requested amendment to the proposal, which included a minor change to 10/4 cable and the addition of an Akron junction box totaling $640. 3. Appropriation by the City Council: It is mutually understood that unforeseen circumstances could interrupt the equipment replacement schedule as it exists today. Both parties recognize and accept that all purchases must be approved by the La Porte City Council on a yearly basis and that the Council, in its sole discretion, has the right to delay and/or eliminate funding in a given fiscal year for equipment included in the Fleet Replacement Schedule. The City shall not be obligated to purchase any equipment in the event that funding for equipment is not made available for any reason. 4. Change in Pricing: It is mutually understood that the pricing structure, as presented in the attachments, shall represent the maximum price that would be charged for each piece of equipment under this Memorandum of Understanding. Should more advantageous pricing be available for identical equipment, the City shall have the right to purchase equipment from Sutphen at the lower price. Additionally, it is also understood that there may be mandated changes, like an EPA or NFPA requirement(s), that may result in additional expense to the final cost. Both parties will mutually agree OM the 8n1OUDt Of such |DC[e8sehJ. K an agreement can't be reached within a reasonable time on the amount of any proposed increases, the City shall have the right tocancel the purchase and terminate this agreement. 5. Appropriation Updates: The City ofLa Porte agrees to give Sutphen Corporation an annual update on or about October 1 of each year during the term of this agreement when acquisition of another pumper is intended to a||ovv Sutphen time to properly project the purchases of the numerous expensive components like the Cummins motor, Hale fire pump etc. asoutlined inthe accepted Sutphen proposal. 6. Term: This agreement shall become effective when approved by the La Porte City COUnC|| and Sh3|| eXp|[2 after City has elected to purchase afifth Heavy Duty Sutphen "Shield 2" pumper, pursuant to this agreement, if not sooner terminated under Section 7ofthis agreement, 7. Termination: Either party has the right to terminate this Memorandum of Agreement aLany time without obligation for future purchases by giving ninety (90) days written notice tothe other party, SUTPHENO Assistant Fire Chief Donald Ladd La Porte Fire Department Chief Ladd, |nresponse toyour request to upgrade the telescopic work lights to LED style, I am pleased to offer the following. The Fire Research 750W/120V lights that are a part of Sutphen's February 20, 2012 accepted proposal to the city, can be deleted for a credit towards the upgrade to either Whelen or Fire Research brand LED lights. The upcharge, including the aforementioned credit, to change to Whelen Pioneer PFP2 telescopic lights is$1,794.66 a pair. Should you prefer Fire Research Spectra LED 240Vtc|escopio lights, the upcharge will be $1,977.10 per pair. As discussed, these lights will be powered by the generator. Please let me know how I may be of further assistance, Sincerely, DeanGhumaker RF.OIJEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 10, 2012 Requested By: Michad Uniby Department: Fen"nce Report: X Resolution: Ordinance: Exhibits: Encumbrance Rollover Report Exhibits: Appropriation Source of Funds: Various Account Number: Various Amount Budgeted: YFS Amount Requested: Budgeted Item: YES ® NO Exhibits: SUMMARY & RECOMMENDATION The City's fiscal year ended September 30, 2012. At that time, there were 12 outstanding purchase orders, encumbrances and budget roll-over requests. The purchase orders represent goods that were ordered and budgeted funds that were committed to procure items necessary to operate the City. A breakdown of the open purchase orders, encumbrances and budget roll-over requests by operating fund are as follows: Fund - General Fund Vehicle Replacement Fund Vehicle Maintenance Fund Section 4B Sales Tax Fund Totals Number Amount 8 $ 30,003.22 2 644,323.00 1 10,695.00 1 5,695.00 12 $ 690,716.22 The above amendments will not have an impact on the projected working capital balances for fiscal year 2013 because they were budgeted in the fiscal year 2012. Action Required by Council: Consider amending the 2012 year end budget for outstanding purchase orders. Approved for City Council Agenda Corby Alexander, City Manager Date 001 001 001 001 001 001 001 001 8 009 009 2 024 1 038 _— 1 CITY OF LAPORTE ENCUMBRANCE ROLLOVER REPORT For the Fiscal Year Ended September 30,2012 120015 Anderson Advertising & Design 3,440.00 Develop, design, assemble coupon book 120222 HDR/Claunch & Miller 3,632.94 GIS technical services 120291 The Brown Company 1,000.00 Appraisal and survey service 120292 R. C. Chuoke & Associates, Inc 550.00 Appraisal and survey service 120315 The Bank of New York 1,200.00 Bond administrative fees 120484 Kendig Keast Collaborative 756.28 Consulting 120530 Anderson Advertising & Design 9,864.00 Business development, ad design, book assembly 120535 L & M Contractors 9,560.00 Remodeling in EOC Total General Fund 32,003.22 C12072 Sutpen Corporation 414,323.00 Purchase of new firetruck C12081 Houston Freightliner 230,000.00 Water truck Total Vehicle Replacement Fund 644,323.00 C12105 Asset Works Total Vehicle Maintenance Fund 120500 Journal Communications Total Section 4113 Sales Tax Fund 10,695.00 Computer software 10,695.00 5,695.00 Advertising 5,695.00 12 Total Encumbrances $690,716.22 S:\Finance Share\AGENDA ITEMS\12.10.2012\Encumbrance Rollover 2012-2013.xls REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 10, 2012 Requested By: Donald Ladd Department: Eim Report: Resolution: Ordinance: Exhibits: Proposed Change Order Exhibits: Exhibits Budget Source of Funds: GEN 601 Fund 15 Account Number: 015-9892-601-1100 Amount Budgeted: 4,200,000.00 Amount Requested: 511295 nn Budgeted Item: YES SUMMARY & RECOMMENDATION As part of the overall project design for the new Fire Station 1, security and access control systems were included in the original bid package. The bids that were received either deleted the system or the cost ($85,000 — $125,000) was above the area standard by $30,000 - $60,000. As a result, the security and access control systems were omitted from the original bid because of inconsistencies in the bidding process. These two components of the project were handled separately and Summit Builders solicited and received bids for these systems. Summit will be overseeing installation as an extension of the overall project. The bids received ranged from approximately $50,000 - $65,000 and the Fire Department is requesting City Council to authorize an additional $51,295 be moved into the existing contingency account to fund the building's security and access systems. The additional funding will bring the total project construction contingency to 5% ($132,745), up from 3% ($81,450) of the construction bid price. This will allow the remaining portions of the original contingency to cover any other unforeseen costs. Despite the need for this additional funding the project remains under budget. Should Council approve this proposed Change Order, the additional funding will be moved into the existing Construction Contingency Account (015-9892-601-9110). Action Required by Council: Consider approval or other action of a Change Order in the amount of $51,295 for equipment procurement and installation of the new building's security and access systems. Approved for City Council Agenda Corby D. Alexander, City Manager Date SUM BUILDERS CONSTRUCTION COMPANY 15825Tombo Parkway Suite Houston, TX 77086 Owner: City ofLaPorte 6O4VV.Fairmont Parkway LaPorte, TXT7571 Contact: Reagan McPhail Phone: 281470-5065 Phone: 281-580-1e99 Fax: 281-580-6770 Proposed Change Ordtor" No: PIC0.011 Date: 1108/2012 Project 12-00001 La Porte Fire Station #1 125South 3rdBtree LaPorte, TX77571 Contact: Stephen Reynolds Phone: 281-580'1699 Fax: 281-580-6770 Description ofProposal: Security and Access Control System Item Description� 001 Cost to add Secuirty Cameras and Access Control System to Summit Builders' scope of work on the LoPorte Fire Station #1 project per the attached quote from ABC Home and Commerical Services. UO2 Contractor Fee 003 Insurance 004 Bond End ufItem/Description Section Proposed Change Order Amount Fifty -One Thousand Two Hundred Ninety -Five Dollars and 00/1V0 Jeffrey C.Stone, Inc. dba SUMMIT BUILDERS Stephen Reynolds Submitted By Project Manager Title 1I-0F3 - 2 01L2 City of La Porte Approved By � Net mount 45,042.00 51,295.00 11/2/2O12 Project Proposal HOME& COMMERCIAL SERVICES Stephen Reynolds 281-932-1550 La Porte Fire Station Cameras 3-AreoontAV8i85DNcameras (mounted under the evoaonexterior) O-Axis P3384VEcameras (mounted under the eve'oonexterior) 1 - 12 channel ATBNVR(custnm)with 12 licenses and video insight software 1-POE switch 1 -vidoo distribution module 1-signal op|itto//extender 7-VGA /CAT5converters 7-Ao*r22"monitors with wall mounts All cable and associated labor ��M ��V ��� 1 ' Bosch AEC 2.1 Ddoor access control O-M|Doandmadem 8- request to exit 2-HID keypads 8-HES8O0Odoor strikes 1OO-HID H1O3O1 printable pmxcards All cable and associated labor ABC Objectives Security License #B-17S54 Fire Alarm License# ACR-1764910 Casey McAdams 832-244-9538 8448N.Sam Houston Parkway West Houston TX 77064 281'730'9500 ABC Home and Commercial Services will provide and install the project description per the defined paramaters in this agreement in a timely and professional manner. ABC WarrantZ,_ Warranty and Service Plan The Warranty Period shall be one year for equipment and QOdays installation by ABC Home and Commercial Services from the date ofcompletion. System damage from vandalism, misuse or naturally occuring events such as fire, lightening, wind, and other caused beyond the control of ABC; any accidental or other damage by facility personnel, residents, or vehicles is not covered under the ABC warranty. 111212012 ABC Home and Commercial Services 8448N.Sam Houston Parkway West Houston, TX770G4 281~730~9500 281-653-5454 fax HONaE&xCOMMERCIAL SERVICES [�t Requirements Project start time and equipment delivery to the job site will begin within a negotiated period after recieptof project proposal approval, purchase order (if required) and payment of approximately one half the proposal price (deposit). ABC will complete the scope ofwork within anegotiated time. Costs quoted are good for thirty (3O)days from date ofquotation. Indicated project bid price includes programming and installation of hardware, functional engineering, and any hardware needed to complete the project aaapnifimd. Work not included: 1) Single phase ACpower G) Bungu(aralarm orfire alarm usage permits except for fire permit 2) Painting, patching and/or millwork aarequired byAHJ(Authority Having Jurisdiction) 3) Floor, wall orroof penetrations requiring coring 7) Lifts orother equipment unless otherwise specified 4) Fire wall penetrations 5) ConduiL.boxoe.fittings, hangers and caddy bars and/or detector rough -in Any labor costs requested ofABC Home and Commercial Services not included in this project bid should be considered a change order. A change order will result in charges of parts and labor charged at $95.00 per hour for the requested changes. Any change requires awritten approval bythe Client. Any service not covered under Warranty or Service Plan is charged at $95.00 per man-hour with aminimum charge o/two (2)hours. The Client will provide all power, telephone lines otpamel(s).grounds, equipment rack, cooling fans, back-up power supply, ^IT" networking specialist for on -site networking considerations and connections. ABC Home and Commercial Services may substitute equipmentofadiffeentbrand.00et.orapecifioationwbhvvrittenappmva|ofthe Client. The Client will not hold ABC responsible for delays, equipment substitutions, or contingencies that are beyond the control of ABC. Equipment description and technical layout may be provided at customer's request. The Client will not hold ABC Home and Commercial Services responsible for actions arising from the use of the installation of the system after completion of the system and acceptance of the system by the Client, |Dd2DlO'f'es Client shall indemnify, defend and save honn|eaa ABC Home and Commercial Semioen, its affiliated oompeniea, and their officers, Uinactona, emp|oyeae, agents epnyaontat|ven, invbeea, contractors and subcontractors ("ABC Group") from and against any and all claims, |ooeoa, damages, expenses, judgments, onu"js, costs and charges pfuvory kind, including auomey'a fQQm and expenses (collectively, "Claims"), directly or indirectly arising out of, or related to the subject matter or performance of this Agreement which claims are caused by or result from negligence of ABC Group (whether sole or concurrent, active or pooeive, simple or gross) or other legal fault including strict liability of ABC Group and agree to other terms and conditions as set forth in Commercial Agreement. REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 12-10-12 Requested By: Ken Adeox Department: Por,.a Report: Resolution: Ordinance: Exhibits: Intergovernmental Agreement with HGAC Exhibits Budget Source of Funds: Grant Account Number: Amount Budgeted: Amount Requested: S6 dno6° Budgeted Item: YES NO SUMMARY & RECOMMENDATION The La Porte Police Department was recently notified of an opportunity to participate in a Regional DWI Task Force administered by Houston -Galveston Area Council (HGAC) through TXDOT. The grant is designed specifically to increase local DWI enforcement during the following periods: Christmas/New Years — December 21, 2012 — January 1, 2013 (Two weekends); Spring Break/Rodeo/St. Patrick's Day — March 8-17, 2013 (Two weekends); Memorial Day — May 24-28, 2013; July 4t' — July 3-7, 2013; Labor Day — August 30-September 3, 2013. The HGAC grant will be for a total of $5,047.00, reimbursed to the City for police officer overtime. The grant requires, however, that the City pay for its own fringe benefit and vehicle costs, which would be an additional $1,362.69, bringing the total operational budget (5,047.00 reimbursed by HGAC plus $1,362.69 paid by the City for fringe benefits) to $6,409.69. Action Required by Council: Consider approval or other action authorizing the City Manager to sign an Intergovernmental Agreement with Houston -Galveston Area Council (HGAC) for a Regional DWI Task Force grant. Approved for City Council Agenda Corby D. Alexander, City Manager Date Contract 4 HOUSTON-GALVESTON AREA COUNCIL GENERAL PROVISIONS INTERGOVERNMENTAL AGREEMENT This Intergovernmental Agreement is made and entered into this 1st day of November, 2012, by and between the Houston -Galveston Area Council, hereinafter referred to as H-GAC, having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027 and The City of La Porte, hereinafter referred to as the Contractor, having its principal place of business at 604 West Fairmont Parkwav, La Porte, Texas 77571. WITNESSETH: WHEREAS, H-GAC hereby engages the Contractor to perform certain services in accordance with the specifications of the Agreement; and WHEREAS, the Contractor has agreed to perform such services in accordance with the specifications of the Agreement; NOW, THEREFORE, H-GAC and the Contractor do hereby agree as follows: ARTICLE 1 LEGAL AUTHORITY The Contractor warrants and assures H-GAC that it possesses adequate legal authority to enter into this Agreement. The Contractor's governing body, where applicable, has authorized the signatory official(s) to enter into this Agreement and bind the Contractor to the terms of this Agreement and any subsequent amendments hereto. ARTICLE 2 APPLICABLE LAWS The Contractor agrees to conduct all activities under this Agreement in accordance with all applicable rules, regulations, directives, standards, ordinances and laws in effect or promulgated during the term of this Agreement. Such standards and laws shall include, to the extent applicable, the Uniform Grant and Contract Management Standards ("UGMS") promulgated by the State of Texas and the state and federal statutes referenced therein. ARTICLE 3 INDEPENDENT CONTRACTOR The execution of this Agreement and the rendering of services prescribed by this Agreement do not change the independent status of H-GAC or the Contractor. No provision of this Agreement or act of H-GAC in performance of the Agreement shall be construed as making the Contractor the agent, servant or employee of H-GAC, the State of Texas or the United States Government. Employees of the Contractor are subject to the exclusive control and supervision of the Contractor. The Contractor is solely responsible for employee payrolls and claims arising therefrom. The Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against the Contractor pertaining to this Agreement or which would adversely affect the contractor's ability to perform services under this Agreement. ARTICLE 4 WHOLE AGREEMENT page 1 of 8 H-GAC 10/98 Contract # The General Provisions, Special Provisions and Attachments, as provided herein, constitute the complete agreement between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. Except as otherwise provided herein, this Agreement cannot be modified without written consent of the parties. ARTICLE 5 SCOPE OF SERVICES The services to be performed by the Contractor are outlined in the Special Provisions of this Agreement. ARTICLE 6 PERFORMANCE PERIOD This Agreement shall be performed during the period which begins December 1, 2012 and ends September 30, 2013. The work under this Agreement shall begin immediately following a formal Notice to Proceed. ARTICLE 7 REPORTING REQUIREMENTS Reporting requirements are set forth in the Special Provisions of this Agreement. If the Contractor fails to submit to H-GAC in a timely and satisfactory manner any report required by this Agreement, or otherwise fails to satisfactorily render performances hereunder, H-GAC may withhold payments otherwise due and owing the Contractor hereunder. If H-GAC withholds such payments, it shall notify the Contractor of its decision and the reasons therefor. Payments withheld pursuant to this Article may be held by H-GAC until such time as the delinquent obligations for which funds are withheld are fulfilled by the Contractor. The Contractor's failure to timely submit any report may also be considered cause for termination of this Agreement. ARTICLE 8 PAYMENTS The Contractor agrees that payments are predicated upon properly documented and verified proof of performance delivered and costs incurred by the Contractor in accordance with the terms of this Agreement and shall be paid in accordance with the Compensation Schedule in the Special Provisions. ARTICLE 9 NON FUNDING CLAUSE Each payment obligation of H-GAC created by this Agreement is conditioned upon the availability of state or federal funds appropriated or allocated for the payment of such obligations. H-GAC shall not be otherwise obligated or liable for any future payments due or for any damages as a result of interruption of payment or termination under this Article. ARTICLE 10 INSURANCE The Contractor shall maintain insurance coverage for work performed or services rendered under this Agreement as specified in the Special Provisions. ARTICLE 11 REPAYMENTS The Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to H-GAC any amounts determined by H-GAC, its independent auditors, or any agency of state or federal government to have been paid in violation of the terms of this Agreement. page 2 of 8 H-GAC 10/98 Contract 4 ARTICLE 12 SUBCONTRACTS Except as may be set forth in the Special Provisions, the Contractor agrees not to subcontract, assign, transfer, convey, sublet or otherwise dispose of this Agreement or any right, title, obligation or interest it may have therein to any third party without prior written approval of H-GAC. The Contractor acknowledges that H-GAC is not liable to any subcontractor(s) of the Contractor. The Contractor shall ensure that the performance rendered under all subcontracts shall result in compliance with all the terms and provisions of this Agreement as if the performance rendered was rendered by the Contractor. ARTICLE 13 AUDIT As a recipient of state or federal assistance through this Agreement, the Contractor acknowledges that it is subject to the Single Audit Act of 1996, P.L. 98-502, (hereinafter referred to as "Audit Act"), OMB Circular No. A-133, and the State of Texas Single Audit Circular incorporated in UGMS. The Contractor shall have an audit made in accordance with the Single Audit, requirements of the most recently adopted UGMS and OMB Circular A-133 for any of its fiscal years in which Contractor expends more than $500,000 in state or federal financial assistance. The Contractor will provide H-GAC a copy of the single audit, including management letter and reporting package required by federal and state rules within 30 days after receipt of the auditor's report, or nine months after the end of the audit period. H-GAC reserves the right to conduct or cause to be conducted an independent audit of all funds received under this Agreement which may be performed by the local government audit staff, a certified public accountant firm, or other auditors as designated by the H-GAC. Such audit will be conducted in accordance with State law, regulations, and policy, and generally accepted auditing standards and established procedures and guidelines of the reviewing or audit agency(ies). The Contractor understands and agrees that the Contractor shall be liable to the H-GAC for any costs disallowed or overpayment as a result of audit or inspection of records kept by the Contractor on work performed under this Agreement. ARTICLE 14 EXAMINATION OF RECORDS The Contractor shall maintain during the course of the work, complete and accurate records of all of the Contractor's costs and documentation of items which are chargeable to H-GAC under this Agreement. H-GAC, through its staff or designated public accounting firm, the State of Texas and the United State Government, shall have the right at any reasonable time to inspect, copy and audit those records on or off the premises by authorized representatives of its own or any public accounting firm selected by it. The right of access to records is not limited to the required retention period, but shall last as long as the records are retained. Failure to provide access to records may be cause for termination of the Agreement. The records to be thus maintained and retained by the Contractor shall include (without limitation): (1) personnel and payroll records, including social security numbers and labor classifications, accounting for total time distribution of the Contractor's employees working full or part time on the work, as well as cancelled payroll checks, signed receipts for payroll payments in cash, or other evidence of disbursement of payroll payments; (2) invoices for purchases, receiving and issuing documents, and all other unit inventory records for the Contractor's stocks or capital page 3 of 8 H-GAC 10/98 Contract 4 items; and (3) paid invoices and cancelled checks for materials purchased and for subcontractors' and any other third parties' charges. The Contractor further agrees to include in all its subcontracts permitted pursuant to Article 12 hereof, a provision to the effect that the subcontractor agrees that H-GAC and its duly authorized representatives shall, until the expiration of four (4) years after final payment under the subcontract or until all audit findings have been resolved, have access to and the right to examine and copy any directly pertinent books, documents, papers, invoices and records of such subcontractor involving transactions relating to the subcontract. ARTICLE 15 RETENTION OF RECORDS The Contractor shall maintain all records pertinent to this Agreement, including but not limited to those records enumerated in Article 14, and all other financial, statistical, property, participant records, and supporting documentation for a period of no less than four (4) calendar years from the later of the date of acceptance of the final contract closeout or the date of the final audit required under Article 13 of this Agreement. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the retention period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular four (4) year period, whichever is later. ARTICLE 16 CHANGES AND AMENDMENTS Any alterations, additions, or deletions to the terms of this Agreement which are required by changes in federal law or regulations are automatically incorporated into this Agreement without written amendment hereto, and shall become effective on the date designated by such law or regulation; provided if the Contractor may not legally comply with such change, the contractor may terminate its participation herein as authorized by Article 17. H-GAC may, from time to time, require changes in the hereunder. Such changes that are mutually agreed upon by incorporated into this Agreement. ARTICLE 17 TERMINATION PROCEDURES scope of the services of the Contractor to be performed and between H-GAC and the Contractor in writing shall be The Contractor acknowledges that this Agreement may be terminated under the following circumstances: A. Convenience H-GAC may terminate this Agreement in whole or in part without cause at any time by written notice by certified mail to the Contractor whenever for any reason H-GAC determines that such termination is in the best interest of H-GAC. Upon receipt of notice of termination, all services hereunder of the Contractor and its employees and subcontractors shall cease to the extent specified in the notice of termination. In the event of termination in whole, the Contractor shall prepare a final invoice within 30 day days of such termination reflecting the services actually performed which have not appeared on any prior invoice, such invoice shall be satisfactory to the Executive Director or his designee. H-GAC agrees to pay the Contractor, in accordance with the terms of the Agreement, for services actually performed and accruing to the benefit of H-GAC, less payment of any compensation previously paid. The Contractor may cancel or terminate this Agreement upon thirty (30) days written notice by certified mail to H-GAC. The Contractor may not give notice of cancellation after it has received notice of default from H- GAC. In the event of such termination prior to completion of the Agreement provided for herein, H-GAC page 4 of 8 H-GAC 10/98 Contract # agrees to pay services herein specified on a prorated basis for work actually performed and invoiced in accordance with the terms of this Agreement, less payment of any compensation previously paid. B. Default H-GAC may, by written notice of default to the Contractor, terminate the whole or any part of the Agreement in any one of the following circumstances: (1) If the Contractor fails to perform the services herein specified within the time specified herein or any extension thereof, or (2) If the Contractor fails to perform any of the other provisions of this Agreement for any reason whatsoever, or so fails to make progress or otherwise violates the Agreement that completion of the services herein specified within the agreement term is significantly endangered, and in either of these two instances does not cure such failure within a period of ten (10) days (or such longer period of time as may be authorized by H-GAC in writing) after receiving written notice by certified mail of default from H-GAC. In the event of such termination, all services of the Contractor and its employees and subcontractors shall cease and the Contractor shall prepare a final invoice reflecting the services actually performed pursuant to the Agreement which have not appeared on any prior invoice. Such invoice must be satisfactory to the Executive Director of H-GAC or his designee. H-GAC agrees to pay the Contractor, in accordance with the terms of this Agreement, for services actually performed and accruing to the benefit of H-GAC as reflected on said invoice, less payment of any compensation previously paid and less any costs or damages incurred by H-GAC as a result of such default, including incremental costs that H-GAC will incur to have the Agreement completed by a person other than the contractor. ARTICLE 18 SEVERABILITY All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. ARTICLE 19 COPYRIGHTS The state or federal awarding agency and H-GAC reserve a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for state or federal government or H-GAC purposes: (a) The copyright of all maps, data, reports, research or other work developed under this Agreement; and (b) Any copyrights or rights of use to copyrighted material which the Contractor purchases with funding under this Agreement. All such data and material shall be furnished to H-GAC on request. ARTICLE 20 OWNERSHIP OF MATERIALS Except as may be specified in the Special Provisions, all data, reports, research, etc., developed by the Contractor as a part of its work under this Agreement shall become the property of the H-GAC upon completion of this Agreement, or in the event of termination or cancellation hereof, at the time of payment under ARTICLE 8 for work performed. All such data and material shall be furnished to H-GAC on request. page 5 of 8 H-GAC 10/98 Contract 4 ARTICLE 21 FORCE MAJEURE To the extent that either party to this Agreement shall be wholly or partially prevented from the performance within the term specified of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. Determination of force majeure shall rest solely with the H-GAC. ARTICLE 22 NON-DISCRIMINATION AND EQUAL OPPORTUNITY The Contractor agrees to comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (1) any other nondiscrimination provisions in any specific statute(s) applicable to any Federal funding for this Agreement; and 0) the requirements of any other nondiscrimination statute(s) which may apply to this Agreement. ARTICLE 23 CONFLICT OF INTEREST No officer, member or employee of the Contractor or subcontractors, no member of the governing body of the Contractor, and no other public officials of the Contractor who exercise any functions or responsibilities in the review or approval of this Agreement, shall participate in any decision relating to this Agreement which affects his or her personal interest, or shall have any personal or pecuniary interest, direct or indirect, in this Agreement. ARTICLE 24 POLITICAL ACTIVITY; LOBBYING No funds provided under this Agreement may be used in any way to attempt to influence in any manner a member of Congress to favor or oppose any legislation or appropriation by Congress, or for lobbying with state or local legislators. The Contractor, if a recipient of federal assistance exceeding $100,000 through an H-GAC subcontract, will comply with section 319, Public Law 101-121 (31 U.S.C. 1352). ARTICLE 25 SECTARIAN INVOLVEMENT PROHIBITED The Contractor shall ensure that no funds under this Agreement are used, either directly or indirectly, in the support of any religious or anti -religious activity, worship, or instruction. ARTICLE 26 CRIMINAL PROVISIONS AND SANCTIONS page 6 of 8 H-GAC 10/98 Contract 4 The Contractor agrees that it will perform the Agreement activities in conformance with safeguards against fraud and abuse as set forth by the H-GAC, the State of Texas, and the acts and regulations of the funding entity. The Contractor agrees to promptly notify H-GAC of suspected fraud, abuse or other criminal activity through the filing of a written report within twenty-four (24) hours of knowledge thereof and to notify H-GAC of any accident or incident requiring medical attention arising from its activities under this Agreement within twenty-four (24) hours of such occurrence. Theft or willful damage to property on loan to the Contractor from H-GAC, if any, shall be reported to local law enforcement agencies and H-GAC within two (2) hours of discovery of any such act. The Contractor further agrees to cooperate fully with H-GAC, local law enforcement agencies, the State of Texas, the Federal Bureau of Investigation and any other duly authorized investigative unit in carrying out a full investigation of all such incidents. ARTICLE 27 TITLES NOT RESTRICTIVE The titles assigned to the various Articles of this Agreement are for convenience only. Titles shall not be considered restrictive of the subject matter of any Article, or part of this Agreement. ARTICLE 28 ACKNOWLEDGEMENT OF FUNDING SOURCE The Contractor shall give credit to Federal Transit Administration (FTA), Federal Highway Administration (FHWA), Texas Department of Transportation (TxDOT), National Highway Traffic Safety Administration (NHTSA) and H-GAC as the funding source for this Agreement in all oral presentations, written documents, publicity, and advertisements regarding any of the Contractor's activities which arise from this Agreement. ARTICLE 29 DISPUTES Any and all disputes concerning questions of fact or of law arising under this Agreement which are not disposed of by agreement shall be decided by the Executive Director of H-GAC or his designee, who shall reduce his decision to writing and provide notice thereof to the Contractor. The decision of the Executive Director or his designee shall be final and conclusive unless, within thirty (30) days from the date of receipt of such copy, the Contractor requests a rehearing from the Executive Director of H-GAC. In connection with any rehearing under this Article, the Contractor shall be afforded an opportunity to be heard and offer evidence in support of its position. The decision of the Executive Director after any such rehearing shall be final and conclusive. The Contractor may, if it elects to do so, appeal the final and conclusive decision of the Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the Agreement and in accordance with H-GAC's final decision. ARTICLE 30 GOVERNING LAW; VENUE This Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with the Agreement shall lie exclusively in Harris County, Texas, unless the laws of the State of Texas specifically establish venue in some other county. ARTICLE 31 ORDER OF PRIORITY page 7 of 8 H-GAC 10/98 Contract # In the case of any conflict between the General Provision, the Special Provisions, and Attachments to this Agreement, the following order of priority shall be utilized: Special Provision, General Provisions, and Attachments. H-GAC and the Contractor have executed the Agreement as of the date first written above. Jack Steele, Executive Director Corby Alexander Houston -Galveston Area Council City Manager Date page 8 of 8 H-GAC 10/98 Date 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. SPECIAL PROVISIONS INDEX PAGE Compensation 1 Contractor Personnel 2 Inspection of Work 2 Proprietary Rights 2 Insurance 2 Progress Reports 2 Disadvantaged Business Enterprises 3 Title VI Assurance 3 Compliance with Laws 4 Energy Policy 4 Clean Air Act and Federal Water Pollution Control Act Requirements 4 Debarred Bidders 4 Drug -Free Workplace 5 1. COMPENSATION The Contractor shall be reimbursed by H-GAC for authorized costs in accordance with 48 CFR, Ch 1, Part 31 incurred in performance of the work set out in this contract as specifically described in Attachment A. Detailed records must be maintained to show actual time devoted and costs incurred. The Contractor will submit a final invoice within 30 days after the completion of work. Invoices submitted after this time will not be honored unless prior arrangements are made and approved in writing by H-GAC. A. Maximum Compensation. The total reimbursement under this contract shall not exceed Five Thousand, Forty -Seven Dollars ($5,047 ). B. Travel Expenses and Subsistence. The Contractor shall be paid the actual cost incurred by personnel working on this project for travel expenses and subsistence that are certified as being correct and necessary for and directly associated with performance of this Contract. In -state travel shall be reimbursed at rates established by the State Comptrollers Office: hqp://www.epa.state.tx.us/ . Transportation costs shall be reimbursed for Coach or comparable airfare or for private automobile, whichever is less. Out-of-state travel shall be reimbursed not to exceed current Federal Per Diem rates as allowed by 41 CFR Part 301-7 and Chapter 301 Federal Travel Regulations; Maximum Per Diem rates; Final Rule. Rental vehicle expenses shall be reimbursed at actual cost of compact car or smaller, unless approved by H-GAC in advance. (Note: Itemized receipt(s) for food is necessary) C. Method of Payment. H-GAC will reimburse the Contractor for services rendered on the basis of allowable costs up to the amount specified in Section 1, Part A above. Reimbursement shall be made monthly within forty-five (45) days after the receipt of the Contractor's invoice and support documentation, except as stipulated in paragraph E below. An invoice must arrive each month whether or not any expenses have occurred. In addition to documentation for travel and equipment each invoice must be accompanied by a progress report as described in Section 6, Activity Reports, below. D. Billings. The Contractor shall submit a Request for Reimbursement reflecting the overtime worked within seven (7) days of an enforcement period. The Request for Reimbursement shall include the following set of reports, where applicable, reflecting the enforcement activities conducted as part of the Regional DWI Task Force grant: i. Agency Enforcement Summary Sheet (which will serve as the Agency's Request for Reimbursement) ii. Officers' Shift Reports iii. Official Overtime Slips from law enforcement agency iv. Copies of violations identified during enforcement period v. List of public events attended where DWI and the DWI Task Force were discussed vi. Documentation of any court time or administrative license revocation (ALR) hearing time associated with an arrest made during any enforcement period during the term of this agreement. E. Matching Fund Certification. The Contractor shall record and report benefits and taxes that have been paid on the overtime pay accrued by participating staff during the enforcement period, as well as the number of miles driven by participating staff in the vehicle used for the enforcement activities. The rates for these items are as follows: page 1 of 5 H-GAG-10/98; 3/05--SpecProvIA i. Retirement Match: 17.63 percent of wages ii. Social Security Tax: 6.2 percent of wages iii. Medicare Tax: 1.45 percent of wages iv. Workers' Compensation: 1.71 percent of wages v. Vehicle Mileage Rate: $0.555 per mile These rates may be subject to change based on legislative or local governmental action. H-GAC must be notified of any change in the above -listed rates made by the Contractor. 2. CONTRACTOR PERSONNEL The Contractor agrees to assign qualified staff members including a Project Manager who shall be responsible for the task administration and work performance. The Project Manager shall be Bennie Boles. In the event the Project Manager becomes no longer available to this project, a substitution of like personnel with similar qualifications can only be made after obtaining prior written approval of H-GAC. 3. INSPECTION OF WORK H-GAC shall have the right to review and inspect the progress of the work described herein at all times. 4. PROPRIETARY RIGHTS Contractor agrees not to release data or information about the results of the project to any person outside of H-GAC without first obtaining written authorization to release such information from H-GAC. Contractor shall be permitted to list H-GAC as a client for marketing purposes. 5. INSURANCE H-GAC acknowledges that Contractor is governed by the Texas Tort Claims Act, which sets forth certain limitations and restrictions on the types of liability and the types of insurance coverage that can be required of Contractor. The Contractor represents to H-GAC that it either has adequate General Liability and Property insurance policies in place or sufficient resources to self -insure for all claims for which it may be responsible under the Texas Tort Claims Act. The Contractor further represents to H-GAC that it either has workers' compensation insurance in the amount required by statute or is entitled to self -insure for workers compensation coverage under Texas law and has elected to do so. 6. ACTIVITY REPORTS The Contractor shall submit to H-GAC activity reports as described in Section One, Parts C and D above. The reports shall reflect enforcement activities accomplished during the previous enforcement period. These reports will include, but not be limited to the list of items required under Section One, Part D. page 2 of 5 H-GAG-10/98; 3/05--SpecProvIA 7. DISADVANTAGED BUSINESS ENTERPRISES (1) Policy. It is the policy of the Department of Transportation (DOT) that disadvantaged business enterprises as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of contracts financed in whole or part with Federal funds under this Agreement. Consequently, the DBE requirements of 49 CFR Part 26 apply to this Agreement. (2) DBE Obligation. The Contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this Agreement. In this regard the Contractor shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. The Contractor shall not discriminate on the basis of race, creed, color, national origin, age, or sex in the award and performance of DOT -assisted contracts. H-GAC has established a goal of 22% DBE participation in its FTA third parry contracting opportunities. There, any contract issued under this Agreement will carry a 22% DBE participation goal. 8. TITLE VI ASSURANCE During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: (a) Compliance with Regulations. The Contractor shall comply with the regulations relative to nondiscrimination in Federally -assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "Regulations"), which are herein incorporated by reference and made a part of this Contract. (b) Nondiscrimination. The Contractor, with regard to the work performed by it during the Contract, shall not discriminate on the grounds of race, color, religion, sex, age, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulation including employment practices when the Contract covers a program set forth in Appendix B of the Regulations. (c) Solicitation for Subcontracts, including Procurement of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under the subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this Contract and the Regulations relative to nondiscrimination on the grounds of race, color, religion, age, sex, or national origin. (d) Information and Reports. The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by H-GAC or the Department of Transportation (DOT) to be pertinent to ascertain compliance with such regulations, orders, and instructions. Where any information is required of a Contractor and is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to H-GAC or the Department of Transportation, as appropriate and shall set forth what efforts it has made to obtain the information. page 3 of 5 H-GAG-10/98; 3/05--SpecProvIA (e) Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Contract, the District shall impose such contract sanctions as it or the Department of Transportation may determine to be appropriate, including, but not limited to: (1) Withholding of payments to the Contractor under the Contract until the Contractor complies, and/or (2) Cancellation, termination, or suspension of the Contract, in whole or in part. (f) Incorporation of Provisions. The Contractor shall include the provisions of paragraphs (a) through (f) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant hereto. The Contractor shall take such action with respect to any subcontract or procurement as H-GAC may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a Contractor becomes involved in or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Contractor may request H-GAC to enter into such litigation to protect the interests of H-GAC and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 9. COMPLIANCE WITH LAWS The Contractor shall comply with all Federal, State and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this Agreement, including without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish H-GAC with satisfactory proof of its compliance therewith. 10. ENERGY POLICY Contracts shall recognize mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163). 11. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT REQUIREMENTS Contractor agrees to comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC 1857 (h), Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR, Part 15) which prohibit the use under nonexempt federal contracts, grants or loans, of facilities included on the EPA list for Violating Facilities. 12. DEBARRED BIDDERS Contractor, including any of its officers or holders of a controlling interest, is obligated to inform H-GAC whether or not it is or has been on any debarred bidders' list maintained by the United states Government. Should the Contractor be included on such a list during the performance of this project, it shall so inform H-GAC. page 4 of 5 H-GAG-10/98; 3/05--SpecProvIA 13. DRUG -FREE WORKPLACE The Contractor agrees that if the Contractor is a recipient of more than $25,000 in federal assistance through an H-GAC subcontract, the Contractor shall provide a "drug -free" workplace in accordance with the Drug -free Workplace Act (DFWA), March 18, 1989. For purposes of this Section, "drug -free" means a worksite at which employees are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance. The Contractor shall: 1. Publish a policy statement prohibiting the manufacture, distribution, dispensation, possession, or use of a controlled substance and notify employees of the consequences for violating this prohibition; 2. Establish a drug -free awareness program; 3. Provide each employee with a copy of its policy statement; and 4. Notify employees that, as a condition of employment, the employee must adhere to the terms of the statement and must notify the employer of any criminal drug offense within five days of conviction. page 5 of 5 H-GAG-10/98; 3/05--SpecProvIA ATTACHMENT A - SCOPE OF SERVICES REGIONAL DWI TASK FORCE RESPONSIBILITIES OF PARTICIPATING AGENCIES: The following are a list of expectations for officers and agencies interested in participating in the Regional DWI Task Force. This list is based on TxDOT's requirements for Selective Traffic Enforcement Program (STEP) Grants: A. H-GAC will serve as the administrator of the STEP Grant. H-GAC will be responsible for the following activities in the grant's administration: 1. Setting up pre -Task Force meetings with participating agencies to discuss participation, protocols, and operational specifics; 2. Setting up post -Task Force meetings to debrief enforcement activities; 3. Determining how many officers will be participating on an enforcement weekend; 4. Collecting requests for reimbursement, along with associated backup documentation; 5. Submitting requests for reimbursement to TxDOT; 6. Reimbursing agencies for work performed upon receipt of funds from TxDOT; 7. Report on Task Force performance to TxDOT and to Task Force members. B. Task Force activities will occur during the following periods: 1. Christmas/New Years — December 21, 2012 — January 1, 2013 (Two weekends) 2. Spring Break/Rodeo/St. Patrick's Day — March 8-17, 2013 (Two weekends) 3. Memorial Day — May 24-28, 2013 4. July 4t' — July 3-7, 2013 5. Labor Day — August 30-September 3, 2013 C. Participating agencies will be expected to assist H-GAC in carrying out all performance measures established in the grant, including fulfilling the law enforcement objectives by implementing the Operational Plan contained in this Grant Agreement. D. Participating agencies will be expected to submit all required reports to H-GAC fully completed with the most current information, and within the required times, as defined in the agency's Agreement with H-GAC and as required by TxDOT. This includes reporting to H-GAC on progress, achievements, and problems in post -operational Performance Reports and attaching necessary source documentation to support all costs claimed in Requests for Reimbursement (RFR). Pagel of 4 E. Participating agencies will be expected to attend H-GAC and TxDOT grant management training, when required. F. Participating agencies will be expected to attend meetings according to the following: 1. H-GAC will arrange for Task Force meetings in order to meet with participating agencies prior to an enforcement event to discuss procedures, protocols, and operational specifics relating to the event (e.g. enforcement area determination, intake facility locations, etc.) 2. H-GAC will arrange for Task Force meetings to meet with participating agencies to present status of activities and to discuss problems and the schedule for the following enforcement event's work. 3. H-GAC's project director or other appropriate qualified persons will be available to represent participating agencies at meetings requested by the TxDOT. G. Participating agencies will be expected to support grant enforcement efforts with public information and education (PI&E) activities. Salaries being claimed for PI&E activities must be included in the budget. H. Participating agencies must maintain verification that all expenses, including wages or salaries, for which reimbursement is requested is for work exclusively related to this proj ect. L Participating agencies, to comply with TxDOT matching fund requirements, will supply the following information (if applicable) associated with the time worked by agency personnel: 1. Retirement match paid by agency 2. Workers Compensation insurance 3. Social Security Tax 4. Medicare Tax 5. Health Insurance 6. Vehicle Mileage for shift 7. Indirect Costs 8. Administrative License Revocation or Court Hearings Participating agencies will be expected to provide information about any cases either contested in court or brought to an Administrative License Revocation (ALR) hearing, including the amount of time an officer spent in court or in a hearing and value of that associated time. K. Participating agencies will be expected to ensure that this grant will in no way supplant (replace) funds from other sources. Supplanting refers to the use of federal funds to support personnel or any activity already supported by local or state funds, or other sources of agency revenue. Page 2 of 4 L. Participating agencies will be expected to ensure that each officer working on the STEP project will complete an officer's daily report form. The form should include at a minimum: name, date, badge or identification number, mileage (including starting and ending mileage), hours worked, type of citation issued or arrest made, officer and supervisor signatures. Each officer will need to complete an overtime slip from his or her agency as well. M. Participating agencies will be required to identify a supervising officer for each shift being worked by the agency. N. Participating agencies will be expected to ensure that no officer above the rank of Lieutenant (or equivalent title) will be reimbursed for enforcement duty, unless the participating agency received specific written authorization from both H-GAC and TxDOT, through eGrants system messaging, prior to incurring costs. O. Participating agencies must submit a summary reimbursement request form to H-GAC within seven days of the end of the enforcement weekend for reimbursement. With this reimbursement request form shall be attached all of the agency's daily report forms, copies of overtime slips, and copies of any arrest activity during the shift. The reimbursement submission must be certified by the agency's financial officer. Failure to submit this information in a timely manner will hold up reimbursements for all participating agencies. P. Participating agencies may work additional STEP enforcement hours on holidays or special events not covered under the Operational Plan. However, additional work must be approved in writing by H-GAC and TxDOT, through eGrants system messaging, prior to enforcement. Additional hours must be reported in the Performance Report for the time period for which the additional hours were worked. Q. An enforcement shift shall be no longer than eight (8) hours. Shift length will be determined prior to the shift. However, if an officer makes a STEP -related arrest during the shift, but does not complete the arrest before the shift is scheduled to end, the officer can continue working under the grant to complete that arrest. R. Participating agencies with a traffic unit will utilize traffic personnel for this grant primarily, unless such personnel are unavailable for assignment. S. Participating agencies should have a safety belt use policy. If a participating agency does not have a safety belt use policy in place, a policy should be implemented, and a copy maintained for verification during the grant year. T. Officers working DWI enforcement must be trained in the National Highway Traffic Safety Administration/International Association of Chiefs of Police Standardized Field Sobriety Testing (SFST). In the case of a first year subgrantee, the officers must be Page 3 of 4 trained, or scheduled to be SFST trained, by the end of the grant year. For second or subsequent year grants, all officers working DWI enforcement must be SFST trained. U. Participating agencies should have a procedure in place for contacting and using drug recognition experts (DREs) when necessary. V. Participating agencies will be expected to follow its own policies and procedures, as well as to enforce and comply with all federal, state, and local laws and regulations. W. This grant is a multi -agency effort, requiring all participants to make a diligent effort to patrol and apprehend offenders. Failure of an officer to do so may result in the overall non -achievement of goals, jeopardizing the future ability of being awarded similar grants in the future. If it is deemed that an officer is not producing results, that officer may be denied future shifts during the grant period. Page 4 of 4 H Z CW G W m W cc cc O LLL r W V W H W W N Q H Z CW G W V cc O LL W V W Q zo 6 6 6 Ln Ln 0 Ln Ln 0 Ln Ln Ln 0 Ln Ln 0 V V' Ln Ln 0 A- H O O 6 C U/ VI C Y `o v O v N o N o 7 � � � o � O •� > n r vC U U2-D � E � a o° > O E ° v txo z O° io —ao g .2 o°M fa w' n O GDt> O c c c °° E t tin m ° N v� •U _0Oo o u v u t O E W E W t cn t cn t V) Z > O' v > v m c W Q o J v cn m S n cn v° z O N w O 1) v S ao Q> a NOIIVVYU03N1 33AOldW3 r AuvvyvynsIN3W33HOdN3 H:)IVW AJN3E)V W 2 � a z z W N W N W � U D LL m LL O L a u 0 a z ~ LL N W C W J H O H ic W U LL LL O J a U z a z LL OFFICER'S SHIFT REPORT REGIONAL DWI TASK FORCE AGENCY: OFFICER'S NAME: DATE: SHIFT TIME START: BEGIN MILEAGE: TRAFFIC STOPS: VEH. UNIT # EMPLOYEE # DAY: END: TOTAL HRS: END: TOT. MILEAGE: TRAFFIC ARRESTS: D.W.I TOTAL CRIME ARRESTS OTHER CRIME (FELONY/MISD) - DO NOT INCLUDE DWI ARRESTS - LOCAL WARRANTS / SETCIC SEATBELT HAZARDOUS MOVING TOTAL ENFORCEMENT SPEED ACTIVITY RED LIGHTS / STOP SIGNS NON-MOVING OTHER TRAFFIC COMMENTS: SIGNED: SIGNED: (OFFICER) (SUPERVISOR) OFFICER MUST COMPLETE REVERSE SIDE OF THIS REPORT INVESTIGATIONS CONDUCTED 1. REC. TYPE PR SC 2. REC. TYPE PR SC ARR. LOCATION BEAT ARR. LOCATION BEAT CLR. DISPOSITION SOURCE CLR. DISPOSITION SOURCE 3. REC. TYPE PR SC 4. REC. TYPE PR I SC ARR. LOCATION BEAT ARR. LOCATION BEAT CLR. DISPOSITION SOURCE CLR. DISPOSITION SOURCE TRAFFIC ARREST ACTIVITY DIST TIME FULL NAME (SUSPECT) RACE/SEX DOB LOCATION ARREST NO. CHARGE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 CRIME ARREST ACTIVITY DIST TIME FULL NAME (SUSPECT I RACE/SEX DOB LOCATION ARREST NO. CHARGE 1 2 3 4 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 10, 2012 Requested By: David Mick Department: Public Works Report: Resolution: Ordinance: Exhibits: Bid Tabulation Exhibits: Bidders List Exhibits Pg's 2-9, 6-8 from FY 12 13 Budget Budget Vehicle Replacement Source of Funds: and Em. Serv. Funds Account Number: Various Amount Budgeted: S 292,045.00 Amount Requested: $ 225,124.02 Budgeted Item: YES SUMMARY & RECOMMENDATION Sealed bids (413003) were received on November 13, 2012 for the purchase of city vehicles. There are nine (9) vehicles as part of this request including eight (8) replacement vehicles and one (1) Fire Department vehicle that is new to the city fleet. All nine vehicles were approved by City Council with the FY 12-13 budget. The bid tabulation and bidder notification list is attached. The bids recommended by staff for award are as follows: BIDDER McRae Ford, Inc. Grapevine Dodge Dallas Dodge Dallas Dodge Reliable Chevrolet Prestige Ford BID ITEM (quantity) 1)-(one) SUV w/ Spec. Service or Police package 2)-(one) 4-door, unmarked staff car 3)-(four) 4-door, marked police car 6)-(one) Full Sized, 2WD, SUV 4)-(one) SUV w/ Spec. Service or Police Package (Fire Marshal) BID BUDGETED USER $ 25,966.55 $ 31,859.00 POLICE $ 21,995.00 $ 31,859.00 POLICE $ 100,000.00 $127,436.00 [1] POLICE $ 25,100.00 $ 37,402.00 ENGR $ 27,262.47 $ 35,000.00 [2] FIRE 5)- (one) 1-ton regular cab w/service body $ 24,800.00 $ 28,489.00 [3] SEWER TOTALS: $225,124.02 $ 292,045.00 Notes: [1] The budgeted amount includes the cost of after- market purchase of light bars, radios, sirens, rear seat shields, etc. These additional items are not included in the bid price. Staff anticipates that the cost of all after market price will approximately equal the $27,436.00 balance still remaining for the four patrol cars. [2] This vehicle is added to the fleet with FY 12-13 budget and funded from Fund 034 — Emergency Services District Fund. All other vehicles are funded from Fund 009 — Vehicle Replacement Fund. [3] Staff requested price for both a 3/4-ton and 1-ton option. The 1-ton option is better able to pull the small excavators often utilized by the utility divisions. For the $600 cost to upgrade, staff is proposing to purchase the 1-ton option. Action Required by Council: Staff requests City Council award of the Lowest and Best bids and in the amount bid as follows: • Bid Item 1 to McRae Ford, Inc., • Bid Item 2 to Grapevine Dodge, Chrysler, Jeep, • Bid Items 3 and 6 to Dallas Dodge • Bid Item 4 to Reliable Chevrolet, • Bid Item 5 to Randall Reed's Prestige Ford (I-tonoption). Approved for City Council Agenda Corby D. Alexander, City Manager Date 08 8 0 0 s o a - ox ma = "E - ¢ 0 z g N N N N P 3 o � z c a T "6 0 w O v S _ � v � a`m $ S ry N ,° W H �' G ro ~ F Sv Z N `L Z m rG 4i Sc rG S •_ v r y v Y Y E s E Y> CD 22 } ` � � » \ _ \ \ \ \ \ \ \ ) ::- ) k ) )\ \ \\ Vendor List Bid #13003 — Vehicles ALLEN SAMUEL CHEVROLET BAYER MOTOR CO. INC. 7000 SW FWY 218 E Grand Houston, TX 77074 Comanche, TX 76442 Attn: Ken Vickers Attn: Marty Roberts Off: 281-754-7000 Off: 800-968-1877 Fax: 713-773-2982 Fax: 325-356-2647 kvickers asa�.net marty.roberts bayermotor.com KNAPP CHEVROLET FRIENDLY FORD 815 Houston Avenue 2425 Hwy 90 Houston, TX 77007 PO BOX 1527 Attn: Bob Flanders Crosby, TX 77532 Off: 713-228-4311 Attn: Toney Rickman Fax: 713-331-3024 Off: 281-328-9555 bflanderskna��chev�.com Fax: 281-462-3228 Email: easymoney539 aol.com MCREE FORD PO Box 577 PHILPOTT MOTORS LTD. Dickinson, TX 77539 1400 US Hwy 69 North Attn: Denny Stephens Nederland, TX 77627 Off: 281-337-1529 Attn: Richard Hyder Fax: 281-337-4024 Off: 888-973-5338 dste�hensmcreeford.com Fax: 409-724-0934 richard.hyd�hil�ottmotors.com TOMMIE VAUGHN FORD 1145 North Shepherd LONESTAR DODGE Houston, TX 77008 13663 IH-10 West Attn: Gary Jacobs San Antonio, TX 78249 Cell: 713-366-9983 Attn: Richard Edward Off: 713-802-6645 Off: 210-249-7500 Fax: 713-869-5168 Fax: 210-249-7515 giacobstommievaughn.com redwards%7lonestar-auto.com Caldwell Automotive Partners, LLC PO Box 27 Caldwell, TX 77836 Attn: Avery Knapp Off: 1-800-299-7283 Fax: 979-567-3375 aknappcaldwellcountry.com DALLAS DODGE 11550 Lyndon B. Johnson Fwy. Dallas, TX 75238-5242 Attn: Bert Stull Off: 214-327-9361 Toll: 866-837-0851 bstullwou1 auto.com Planet Dodge 18555 Hwy 59 Humble, TX 77338 Attn: Lana Gallatin Off: 281-312-2362 Fax: lallatin planetd�exas.com Gulfgate Dodge 7250 Gulf Freeway Houston, TX 77017 Attn: Ray Massey Off: 713-454-6150 Fax: Email: rmassey qulfgatedodge.com Long Horn Car- Truck Rental Inc 4812 North IH-35 (Hub Vendor) Austin, TX 78751 Attn: Harry Mackey Ph: 512-452-1773 Fax: 512-452-0211 hlmackeyswbell.net Leif Johnson Ford 501 E Koenig Austin, TX 78751 Attn: Scott Webb Ph: 512-697-0689 Fax: 512-697-0689 swebbleifjohnsonford.com Holiday Cheverolet & Holiday Ford 1009 Hwy 82 West Whitesboro, TX 76273 Attn: Rusty Adams Ph: 903-564-1500 Fax: 903-654-5625 rustyholidaychevyford.com Westway Ford 801 W Airport Fwy Irving, TX 75062 Attn: Blake Rushing Ph: 972-659-2277 Fax: 972-659-2303 brush ina vtaig.com Helfman Ford 12220 SW Frwy Stafford, TX 77477 Attn: Bill Chrisman Ph: 281-274-7204 Fax: 281-240-1821 bchrismannhelfmanford.com Lone Star Chevrolet 8900 northwest Frwy Houston, TX 77065 Attn: Jim Finlay Ph: 281-517-7033 Fax: 281-517-1924 Jim.finlaylonestarchevrolet.com Sam Pack's Five Star Ford 1635 1 H 35E Carrollton, TX 75006 Attn: Alan Rosner Ph: 888-835-3389 Fax: 972-245-5278 bidtx spford.com Priority Public Safety 659 Martin Duke RD Van Alstyne Tx, 75495 Attn: Halen Kirby Ph: 903-482-9357 Fax: Email: hkirby@prioritypublicsafety Prime Vendor 4622 Cedar Ave Wilmington NC, 28403 Attn: Katie Collier Ph: 800-746-9554 Fax: 800-746-8307 Email: bids3prime-vendor.com Spring Chrysler, Jeep, Dodge, Inc 21027 1-45 North Spring Tx, 77388 Ph: 281-651-3600 Fax: 281-651-3845 Email: rbrown@springcjd.com Grapevine Dodge Chrysler Jeep 2601 William D Tate Grapevine Tx. 76051 Attn: Dennis Thomas Ph: 817-410-7541 Fax: 817-410-7502 Email: dthomasgrapevinedci.com Azure Dynamics 9 Forbes Rd. Woburn, MA 01801 Attn: Mike Elwood Off: 781-932-9009 Fax: 781-932-9219 melwood azuredynamics.com Classic Chevrolet — Sugarland 13115 Southwest Freeway Sugarland Tx. 77478 Attn: Debbie Roberts Ph: 281-491-9000 Dealership Fax: 713-294-9728 Email Droberts classicchevysugarland.com Versalift Southwest 1200 Texas Central Parkway Waco TX. 76710 Attn: Steve Niles Ph: 254 717-3523 Fax: 254-776-8025 Email vsweatyahoo.com Cross Timbers Emergency Vehicles PO Box 1234 Stephenville TX. 76401 Attn: Daniel Feemster Ph: 254-459-1480 Email: danielctevyahoo.com Randall Reed's Prestige Ford 3601 S. Shiloh RD Garland TX. 75041 Attn: Admir Sarac Ph: 972-864-6815 Email: admirs prestigegarland.com CITY OF LA PORE SCHEDULE OF CAPITAL OUTLAY FY 2012-13 ACCOUNT DESCRIPTION AMOUNT 001-7071-531-8021 NC 200 Traffic Analyzer / 6 Counter &. Software 10,000 001-7071-531-8021 Prism Jet V48" Printer / Cutter 20,000 001-7070-531-8027 New Controller Cabinet at Main & Broadway 20,000 001-7071-531-8029 Concrete Street & Drainage Structures Repair 25,000 001-8080-552-8032 ADA Pool Lift Accommodation for Municipal Pools 15,000 001-8080-552-8032 Pedestrian Bridge for Little Cedar Bayou Nature Trail 13,000 001-8089-550-8023 Vermont Systems (Rec_ & Parks Hardware/Software) 16,476 001-9090-519-8011 GPS RTK Rover, Data Collection & Accessories 20,000 002-6176-515-8012 Water Taps 10,000 002-6176-515-8026 Meters & Boxes 20,000 002-7085-533-8028 Fire Hydrants Installations (3) 3,000 002-7086-532-8013 Sewer Taps 2,000 034-5050-522-8050 SUV for Fire Marshal Office 35,000 s 034-5051-522-8021 Rescue Tools 6,000 034-5059-522-8021 32' MCl/Special Operations Trailer 43,000 034-5059-522-8021 Traffic Signal Emergency Preemption 67,000 TOTAL CAPITAL OUTLAY S 325,476 M e`2 -� 7 j C OF LA PORTS SUMMARY OF VEHICLE REPLACEMENTS FISCAL YEAR 2012-13 Account Number Amount Unit Description 009-5051-522-9050 $ 437,091 51-30 1992 KME Fire Truck 009-5059-522-8051 193,044 59-27 2009 Ford F450 Ambulance C&C w/module 009-5252-521-8050 31,859 52-08 2005 Ford Police Interceptor 6 - t 009-5253-521-8050 31,959 53-27 2003 Ford Police Interceptor s o >a Ai i4 'Z— 009-5253-521-8U50 31,859 53-40 2004 Ford Police Intercepter -re t ed � 009-5253-521-9051 31,859 53-49 2005 Ford Police Interceptor ' 009-5253-521-8050 31,859 53-50 2005 Ford Police Interceptor a = 009-5253-521-9051 31,859 53-56 2006 Ford Police Interceptor 009-6049-551-9050 29,577 49-14 2007 Jacobsen Riding Greens Mower 009-6049-551-8050 7.976 49-15 Electric Truckster 009-6049-551-8050 26,115 49-22 John Deere Truckster 009-6049-551-9050 12,579 49-90 Ryan Aerator 009-7071-531-8050 2,751 71-48 2003 Bushhog type rotary mower 009-7071-531-9050 2,751 71-51 2003 Bushhog type rotary mower 009-7072-532-9050 88,118 72-11 200125 Cubic _yard trash truck 009-7072-532-8050 88,118 72-12 200125 Cubic Yard Trash Ttuek 009-9082-551-8050 120,000 82-09 2002 26 Passenger Bus with handicap lift 009-7085-533-8050 50,000 85-10 2001 Kubota Trachoe with 24 inch bucket 009-7086-532-8050 40,000 86-12 2001 Kubota Trachoe w/18 Inch bucket 009-7086-532-8050 29,459 86-38 2006 FORD 3/4 Ton . utility body t, m j4 009-9090-519-8050 _..__............... 37,402 90-02 2000 Ford Excursion '�c A� t--. $ 1,355,135 6-8 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 10, 2012 Requested BY: David Mick Department: Public Works Report: Resolution: Ordinance: Exhibits: Bid Tabulation Exhibits: Bidders List Exhibits Pg 6-8 from FY 12 13 Budget Budget Vehicle Replacement Source of Funds: Fund (009) Account Number: Various Amount Budgeted: S 176,236.00 Amount Requested: $ 181,562.00 Budgeted Item: YES SUMMARY & RECOMMENDATION Sealed bids (413006) were received on November 20, 2012 for the purchase of two heavy trash trucks. This was the second time this item had been bid. The first invitation for bids received only 1 bid. Staff followed up with vendors and it was discovered that one of the likely bidders did not receive the notice. The equipment was re -bid without having to change specifications. Both trucks were included in the approved FY 12-13, although, the lowest bid is $5,326 (3%) over the budget estimate. Vehicles purchased so far in this budget year have generally been running below budget and funding is available for this request. The bid tabulation and bidder notification list is attached. The Lowest and Best bid in staffs opinion: BIDDER BID ITEM BID BUDGETED USER Houston Freightliner (two) 30 CY Trash Body $181,562.00 $ 176,236.00 Solid W. Other Considerations: Public Works modified the heavy trash truck specification from 25 CY to 30 CY after IKE, and the trucks are being upgraded accordingly as they are replaced. Action Required by Council: Consider approval or other action awarding Sealed Bid 413006 for the purchase of two 30 CY heavy trash trucks to Houston Freightliner in the bid amount of $181,562.00. Approved for City Council Agenda Corby D. Alexander, City Manager Date Sealed Bid #13006 - Diesel Trucks, 12/2 Ton, Thirty Cubic Yard - RE -BID International Trucks of Houston Freightliner Houston QT! UOM Unit Price Total Price Unit Price Total Price Item 1. Diesel Truck, 2 1/2 ton, 30 cubic yard, trash type 2 ea $ 90,781.00 $ 181,562.00 $ 92,550.00 $ 185,100.00 Intormation retlects pricing only and other tactors may be considered during the evaluation Vendor List Bid # 13006 Re — Bid 2 1/2 Ton, Thirty (30) Cubic yard Trash Truck Fleet Sales 3640 West Chestnut Expressway Springfield Mi. 65802 Attn: Paul Spitz Ph: 417-862-9534 Fax; 417-862-9534 paulspitzfleetsalesllc.com Houston Freightliners 9550 North Loop East Houston Tx. 77029 Attn Mike McCarthy Ph: 832-233-1099 Fax: 713-672-9449 Email:mike.Mccarthy@strhouston.com Prime Vendor 4622 Cedar Ave Wilmington NC. 28403 Attn- Katie Collier Ph: 800-746-9554 Fax: 800-746-8307 Email: bidsUcDprime-vendor.com International Trucks of Houston 8900 N Loop E. Houston Tx. 77029 Attn: David Coffee Ph: 713-540-0208 Fax: 713-673-4416 Email: dcoffeeintltrucks.com Porter Truck Sales 135 McCarty Houston Tx. 77029 Ph: 713-672-2400 Fax: 713-672-6790 Email: ralmanzaportertrk.com Added°tiiir iirn W&b Spring Chrysler Jeep Dodge 21027 1 — 45 North Spring TX. 77388 P h : 281-651-3600 Fax: 281-651-3845 Email: rbrown sprincid.com Southwest International Trucks, Inc 2401 East Pioneer Pkwy Arlington TX. 76010 Attn: Tom Claiborne Email: tom.claiborne(a7swit-tx.com Waste Systems Equipment, Inc PO Box 40878 Houston TX. 77240 Ph: 713-939-0200 Email: wse1975@sbcglobal Account Number 009-5051-522-8050 009-5059-522-8051 009-52.52-521-8050 00,9-5253-521-8050 009-5253-521-9050 009-5253-521-9051 009-5253-521-8050 009-5253-521-9051. 009-6049-551-8050 009-6049-551-8050 009-6049-551-9050 009-60449-551-8050 009-7071-531-9050 009-7071-531-8050 009 7072 532 80' . 009 7072-532 805„ 009-8082-551-8050 009-7085-533-8050 009-7096-532-8050 009-7086-532-8050 009-9090-519-8050 CITY 9 LA PRTE SUMMARY OF VEHICLE REPLACEMENTS FISCAL YEAR 2012-13 Amount $ 437,091. 193,044 31,859 31,859 31,959 31,959 31,859 31,859 29,577 T976 26,115 12,579 2,751 2,751 881.19W 88,118 120,000 50,000 40,000 28,459 37,402 $ 1,355,135 Unit 51-30 59'-27 52-08 53-27 53-40 53-49 53-50 53-56 49-14 49-15 4 9-22 49-90 71-48 71-51. 72-11 72-12 82-09 85-10 86-12 96-39 90-02 6-8 Desciiption 1992 WE Fire Truck 2009 Ford F450 Ambulance C&C Whiod le 2005 Ford Police Interceptor 2003 Ford Police Interceptor 2004 Ford Police Interceptor 2005 Ford Police Interceptor 20M Ford Police Interceptor 200E Ford Police Interceptor 2007 Jacobsen hiding Greens Mower Electric Truckster Jolnnr Deere Truckster Ryan Aerator 2003 13uslnlrog type rotary anower 2003 Husblrog type rotary niorver 2001 25 Cubic yard tnasb�truck i'i 2001 25 Cubic Yard . Trash Truck _ 2002 26 Passenger Bus xvith handicap lift 2001 Kubota Traclroc with. 24 inch bucket 2001 Kubota Tracboe nwl18 Inch bucket 2006 FORD 3l4 Torn utility body 2000 Ford Excursion REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 10, 2012 Requested By: Tim Tietiens Department: Planning Report: _Resolution: _Ordinance: X Attachment: Area Map Attachment: Zoning Ordinance Amendments Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: _YES _NO SUMMARY & RECOMMENDATION At the request of Councilman Mosteit, staff analyzed an accessory structure requirement of the Zoning Ordinance to consider the possibility of allowing garages, livestock barns, storage, etc. without a primary structure on the same tract within the large lot residential district. The impetus for a potential revision resulted from a property owner in the Lomax area who, in 2011, subdivided and sold a portion of property with a barn and kept the portion with the house. The buyer of the barn property does not want to build a house (primary structure) at this time but intends to use the property for personal use only. The owners needed power to be turned on for this accessory structure. The City's Code of Ordinances currently prohibits accessory structures without a primary structure on the property. After reviewing a number of codes from the nearby cities and analyzing research by the Planning Advisory Services (PAS) subsidiary of the American Planning Association, staff found that a number of communities across the country do permit accessory structures without a principal structure in agricultural districts or in residential districts where agriculture is the primary use of the land. In our region, Pearland allows a specific exemption for accessory structures on lots with no primary structure in their agricultural district and newly annexed or undeveloped lands. Based on the research and prevailing conditions in the area, staff suggests that it shall be permissible, with the provisions that accessory structures, barns and/or livestock without a primary structure are indeed personal, non commercial uses, on tracts one acre in size or larger within the large lot district. Planning and Zoning Commission, during their November 15, 2012, meeting held a public hearing to receive citizen input and recommended City Council approve the proposed zoning ordinance amendments by right subject to the use being non-commercial. Action Required by Council: 1. Conduct a public hearing. 2. Consider approval or other action of Planning and Zoning Commission's recommendation for proposed regulations pertaining to Accessory Structures without Primary Structure/Use within the large lot district. Approved for City Council Agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 10, 2012 Requested By: Tim Tietiens Department: Planning Report: _Resolution: _Ordinance: X Attachment: Area Map Attachment: Zoning Ordinance Amendments Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: _YES _NO SUMMARY & RECOMMENDATION At the request of Councilman Mosteit, staff analyzed an accessory structure requirement of the Zoning Ordinance to consider the possibility of allowing garages, livestock barns, storage, etc. without a primary structure on the same tract within the large lot residential district. The impetus for a potential revision resulted from a property owner in the Lomax area who, in 2011, subdivided and sold a portion of property with a barn and kept the portion with the house. The buyer of the barn property does not want to build a house (primary structure) at this time but intends to use the property for personal use only. The owners needed power to be turned on for this accessory structure. The City's Code of Ordinances currently prohibits accessory structures without a primary structure on the property. After reviewing a number of codes from the nearby cities and analyzing research by the Planning Advisory Services (PAS) subsidiary of the American Planning Association, staff found that a number of communities across the country do permit accessory structures without a principal structure in agricultural districts or in residential districts where agriculture is the primary use of the land. In our region, Pearland allows a specific exemption for accessory structures on lots with no primary structure in their agricultural district and newly annexed or undeveloped lands. Based on the research and prevailing conditions in the area, staff suggests that it shall be permissible, with the provisions that accessory structures, barns and/or livestock without a primary structure are indeed personal, non commercial uses, on tracts one acre in size or larger within the large lot district. Planning and Zoning Commission, during their November 15, 2012, meeting held a public hearing to receive citizen input and recommended City Council approve the proposed zoning ordinance amendments by right subject to the use being non-commercial. Action Required by Council: 1. Conduct a public hearing. 2. Consider approval or other action of Planning and Zoning Commission's recommendation for proposed regulations pertaining to Accessory Structures without Primary Structure/Use within the large lot district. Approved for City Council Agenda Corby D. Alexander, City Manager Date ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY ALLOWING ACCESSORY STRUCTURE, USE OR BUILDING WITHOUT REQUIRED PRINCIPAL STRUCTURE ON THE SAME PROPERTY FOR TRACTS ONE ACRE OR LARGER AND LOCATED IN LARGE LOT ZONING DISTRICT; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section l: That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article I, "In General", Section 106-1, "Definitions" is hereby amended by adding the following terms, to be added in proper alphabetical sequence, and to read as follows: Accessory structure, use or building ii�ithout rerluired princilml structure. Toolhouses, barns, sheds, storage buildings and livestock, without a principal structure, shall be permissible use when located on tracts one acre in size or larger and situated within the Large Lot district. Structure/use shall be for the property owner's personal use only (commercial use is not allowed). Section 2. That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article III. "Districts", Division 2. "Residential District Regulations", Subdivision I. "Generally" is hereby amended by amending Section 106-331, which section shall read as follows: "Sec. 106-331. Table A, Residential Uses. P (ABC) —Permitted uses (subject to designated criteria established in section 106-334). P--Permitted uses. A —Accessory uses (subject to requirements of section 106-741) C—Conditional uses (subject to requirements of sections 106-216 through 106-218 and designated criteria established in section 106-334 as determined by the planning and zoning commission). "—Not allowed. Uses (SIC Code #) Zones R-1 R-2 R-3 MH LL Domestic livestock —Large residential lot A A A A P Domestic livestock — without an existing principal structure on the property x * '� P (permitted in Large Lot district, but only if tract is one acre in size or greater) Storage of equipment behind a screening device (permitted in Large Lot district, A A A A P but only if tract is one acre in size or greater) Noncommercial toolhouses, barns, sheds, storage buildings (associated with A A A A P residence, except in Large Lot district for tracts one acre in size or greater) Section 3. That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article III. "Districts", Division 2. "Residential District Regulations", Subdivision I. "Generally" is hereby amended by amending Section 106-333, which section shall read as follows; ® See. 106-333. - Table B, residential area requirements. (a) Table B, residential area r•eluirenients. Uses Minimum Minimum Minimum Maximum Minimum Minimum Maximum s Lot Lot Yard Height Site Development Lot Area/D.U. Width Setbacks Area/Unit Open Space/ Coverage/ S.F. L.F. L,F. F.R.S. S.F. Unit S.F. Minimum 2, 3, 4, 5, G, 10, 7 Landscaping 11 12, 13, 14, Required 15 9,19 Large Lot District where tract is one acre in size or greater See Sec. 106-416. Special Regulations. (without existing principal structure: Accessory Structure/ Domestic livestock 2 Section 5. That Chapter 106 of the La Porte Code of Ordinances, "Zoning", Article V. "Supplementary District Regulations", Division 2. "Accessory Buildings, Uses and Equipment" is hereby amended by amending Section 106-741 to add new subparagraph `j', which section shall read as follows: ® Sec. 106-741. - General provisions. (j) Large lot district. The property owner of a toolhouse, barn, shed, storage building and/or livestock in the Large Lot district on a tract one acre in size or larger authorized without a principal structure on the property, shall be responsible for ensuring no one lives in the toolhouse, barn, shed, or storage building without properly permitting the structure for residential habitation, the property is kept in a sanitary condition and the property complies with all applicable City regulations. Section 5: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 6: Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 7. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of this ordinance as codified in the Code of Ordinances herein, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO THOUSAND DOLLARS ($2000.00). Section S. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Texas Local 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. 3 Section 9. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance, in accordance with the provisions of Chapter 52, Texas Local Govermnent Code, and the City of La Porte Charter. PASSED AND APPROVED this the day of , 2012. CITY OF LA PORTE By: Louis R. Rigby, Mayor ATTEST: Patrice Fogarty, City Secretary APPROVED: Clark Askins, Assistant City Attorney REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 10, 2012 Requested By: Tim Tietiens Department: Planning Exhibits: Ordinance: Ordinance Aerial /Zoning Map Appropriation: Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: N/A SUMMARY & RECOMMENDATION The Planning & Zoning Commission, during their November 15, 2012, meeting, held a public hearing to receive citizen comments regarding Rezone Request 912-92000002. The applicant, M.D. Evans, seeks to have the property rezoned from Business Industrial (BI) to Light Industrial (LI) for proposed expansion of existing facility at 3000 North 23rd Street. This property (4.30 acres) is located one block east of Sens Road and west of North 23rd Street along North `C' Street. The applicant has purchased this property for proposed expansion of existing facility. The proposed development sketch plan shows the main entrance along North 23rd Street, as existing, and expansion would move westward through the west of existing facilities into the additional property. The existing facility is currently zoned Light Industrial (LI) and property for proposed expansion is zoned both Business Industrial (BI) and Light Industrial (LI). Rezoning will consolidate existing and additional properties into one zoning classification (Light Industrial). The property is located in the vicinity of major commercial, engineering services, industrial contractor offices/facilities, and institutional, i.e. public works, municipal court, and police departments. The nature of business operations at the existing facility is predominantly on -site services catered to plants, petro-chemical refineries, and other area industries. With the continuous growth of the business and workforce, it is intended to increase the size of the facility to accommodate additional parking, building, and storage area for equipment and company vehicles. As the property consists of several lots, blocks, and tracts with split zoning, a single zoning classification and ultimate platting would be required for development and expansion of this project. The highest use analysis presented by the applicant reveals that the subject property would be better served by the proposed expansion, which would blend into an existing use of the adjacent property. As required by Ordinance, notices of the public hearing were mailed to nine property owners within 200' of the subject site. One response was received in favor of the request. The Planning and Zoning Commission, by unanimous vote, recommends City Council approve Rezone Request 912-92000002. Action Required by Council: 1. Conduct public hearing. 2. Consider taking action on a recommendation by the Planning and Zoning Commission to approve Rezone Request 912- 92000002, from BI to LI. Approved for City Council Agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 10, 2012 Requested By: Tim Tietiens Department: Planning Exhibits: Ordinance: Ordinance Aerial /Zoning Map Appropriation: Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: N/A SUMMARY & RECOMMENDATION The Planning & Zoning Commission, during their November 15, 2012, meeting, held a public hearing to receive citizen comments regarding Rezone Request 912-92000002. The applicant, M.D. Evans, seeks to have the property rezoned from Business Industrial (BI) to Light Industrial (LI) for proposed expansion of existing facility at 3000 North 23rd Street. This property (4.30 acres) is located one block east of Sens Road and west of North 23rd Street along North `C' Street. The applicant has purchased this property for proposed expansion of existing facility. The proposed development sketch plan shows the main entrance along North 23rd Street, as existing, and expansion would move westward through the west of existing facilities into the additional property. The existing facility is currently zoned Light Industrial (LI) and property for proposed expansion is zoned both Business Industrial (BI) and Light Industrial (LI). Rezoning will consolidate existing and additional properties into one zoning classification (Light Industrial). The property is located in the vicinity of major commercial, engineering services, industrial contractor offices/facilities, and institutional, i.e. public works, municipal court, and police departments. The nature of business operations at the existing facility is predominantly on -site services catered to plants, petro-chemical refineries, and other area industries. With the continuous growth of the business and workforce, it is intended to increase the size of the facility to accommodate additional parking, building, and storage area for equipment and company vehicles. As the property consists of several lots, blocks, and tracts with split zoning, a single zoning classification and ultimate platting would be required for development and expansion of this project. The highest use analysis presented by the applicant reveals that the subject property would be better served by the proposed expansion, which would blend into an existing use of the adjacent property. As required by Ordinance, notices of the public hearing were mailed to nine property owners within 200' of the subject site. One response was received in favor of the request. The Planning and Zoning Commission, by unanimous vote, recommends City Council approve Rezone Request 912-92000002. Action Required by Council: 1. Conduct public hearing. 2. Consider taking action on a recommendation by the Planning and Zoning Commission to approve Rezone Request 912- 92000002, from BI to LI. Approved for City Council Agenda Corby D. Alexander, City Manager Date ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY CHANGING THE ZONING CLASSIFICATION FROM BUSINESS INDUSTRIAL (BI) TO LIGHT INDUSTRIAL (LI) FOR A 4,30 ACRES (187,308 SQ.FT.) TRACT OF LAND HEREIN DESCRIBED; MAKING CERTAIN FINDINGS OF FACT RELATED TOTHE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; BE IT ORDAINED BY THE CITY COUNCIL OF TIIE CITY OF LA PORTE, TEXAS: Section 1: Chapter t06 "Zoning" of the Code of Ordinances is hereby amended by changing the zoning classification of the following described property, to wit: 4,30 acres (187,308 sq,ft.) tract of land described as Lots 1 thru 32, Block 672, and Tracts 1 thru 16, Block 673, Town of La Porte, Johnson Hunter Survey, Abstract No. 35, La Porte, Harris County, Texas, from Business Industrial (BI) to Light Industrial (LI). Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance, Section 3. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in Rill force and effect and to this end the provisions of this ordinance are declared to be severable. Section 4. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. Gov't 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 5. The City Council of the City of La Porte hereby finds that public notice was properly mailed to all owners of all properties located within two hundred feet (200') of the properties under consideration. Section 6. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Map and Classification contained in this Ordinance as amendments thereto are desirable and in fiirtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. Section 7. This Ordinance shall be effective after its passage and approval. PASSED AND APPROVED this the day of , 2012. ATTEST: Patrice Fogarty, City Secretary APPROVED: Clark Askins, Assistant City Attorney CITY OF LA PORTE Louis R, Rigby, Mayor 2 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 10, 2012 Requested By: Tim Tietiens Department: Planning Report: Resolution: Ordinance: X Exhibits: Ordinance Aerial /Zoning Map Appropriation: Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: N/A SUMMARY & RECOMMENDATION The Planning & Zoning Commission, during their November 15, 2012, meeting, held a public hearing to receive citizen comments regarding Rezone Request 912-92000003. The applicant, Donald Giffin., seeks to have the property rezoned from Low -Density Residential (R-1) to General Commercial (GC). The property is located at 3122 Underwood Road. The applicant owns Lots 170 thru172, Block 10, Spenwick Place, Section 2. The radiator shop is located on lot 170, addressed as 3122 Underwood Road and lots 171 & 172 are undeveloped fronting Andricks Road. The radiator shop is zoned residential, but has been in operation prior to annexation. Under the current ordinance provisions, the use may be allowed to continue until it is abandoned. The property in question is within the vicinity of major commercial uses at the intersection of Spencer Highway and Underwood Road. The City's Land Use Map shows underlying land uses as residential. The applicant's sketch plan shows that he would tear down the existing shop and rebuild a new facility with bays and additional space that would meet current design standards. The subject tract would be developed so as to mitigate incompatibilities with adjacent residential uses. There will be no additional driveway along Andricks Road and main access will remain along Underwood Road. Landscaping & screening techniques shall be enforced during site development for buffering residential properties to the west and south. In addition, public utilities would not be affected with the new development. Furthermore, a zone change will eliminate the degree of nonconformity that exists today. As required by Ordinance, notices of the public hearing were mailed to twelve property owners within 200' of the subject site. One response was received in favor of the request. The Planning and Zoning Commission, by unanimous vote, recommends City Council approve Rezone Request 912-92000003. Action Required by Council: 1. Conduct public hearing. 2. Consider taking action on a recommendation by the Planning and Zoning Commission to approve Rezone Request 912-92000003, rezoning the referenced property from R-1 to GC. Approved for City Council Agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 10, 2012 Requested By: Tim Tietiens Department: Planning Report: Resolution: Ordinance: X Exhibits: Ordinance Aerial /Zoning Map Appropriation: Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: N/A SUMMARY & RECOMMENDATION The Planning & Zoning Commission, during their November 15, 2012, meeting, held a public hearing to receive citizen comments regarding Rezone Request 912-92000003. The applicant, Donald Giffin., seeks to have the property rezoned from Low -Density Residential (R-1) to General Commercial (GC). The property is located at 3122 Underwood Road. The applicant owns Lots 170 thru172, Block 10, Spenwick Place, Section 2. The radiator shop is located on lot 170, addressed as 3122 Underwood Road and lots 171 & 172 are undeveloped fronting Andricks Road. The radiator shop is zoned residential, but has been in operation prior to annexation. Under the current ordinance provisions, the use may be allowed to continue until it is abandoned. The property in question is within the vicinity of major commercial uses at the intersection of Spencer Highway and Underwood Road. The City's Land Use Map shows underlying land uses as residential. The applicant's sketch plan shows that he would tear down the existing shop and rebuild a new facility with bays and additional space that would meet current design standards. The subject tract would be developed so as to mitigate incompatibilities with adjacent residential uses. There will be no additional driveway along Andricks Road and main access will remain along Underwood Road. Landscaping & screening techniques shall be enforced during site development for buffering residential properties to the west and south. In addition, public utilities would not be affected with the new development. Furthermore, a zone change will eliminate the degree of nonconformity that exists today. As required by Ordinance, notices of the public hearing were mailed to twelve property owners within 200' of the subject site. One response was received in favor of the request. The Planning and Zoning Commission, by unanimous vote, recommends City Council approve Rezone Request 912-92000003. Action Required by Council: 1. Conduct public hearing. 2. Consider taking action on a recommendation by the Planning and Zoning Commission to approve Rezone Request 912-92000003, rezoning the referenced property from R-1 to GC. Approved for City Council Agenda Corby D. Alexander, City Manager Date ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY CHANGING THE ZONING CLASSIFICATION FROM LOW DENSITY RESIDENTIAL (R-1) TO GENERAL COMMERCIAL (GC) FOR A 0.663 ACRE (28,886 SQ.FT.) TRACT OF LAND HEREIN DESCRIBED; MAKING CERTAIN FINDINGS OF FACT RELATED TOTHE 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: Chapter 106 "Zoning" of the Code of Ordinances is hereby amended by changing the zoning classification of the following described property, to wit; 0.663 acre (28,886 sq.ft.) tract of land described as Lots 170-172, Block 10, Spenwick Place, Section 2, William M. Jones Survey, Abstract No. 482, La Porte, Harris County, Texas, from Low Density Residential (R-1) to General Commercial (GC). Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof, but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 4. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. Gov't 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 S. The City Council of the City of La Porte hereby finds that public notice was properly mailed to all owners of all properties located within two hundred feet (200') of the properties under consideration. Section 6. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Map and Classification contained in this Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. Section 7. This Ordinance shall be effective after its passage and approval. PASSED AND APPROVED this the day of 52012. CITY OF LA PORTE Louis R. Rigby, Mayor ATTEST: Patrice Fogarty, City Secretary APPROVED: -I ZL,4� ::� Clar Askins, Assistant 6ty Attorney REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 10, 2012 Requested By: Tim Tietiens Department: Planning Report: _Resolution: _Ordinance: X Exhibits: Adoption Ordinance Proposed Revitalization Area Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: _YES _NO SUMMARY& RECOMMENDATION The Planning and Zoning Commission, at the September 20, 2012, regular meeting, held a public hearing to receive citizen input on the Final Draft Plan, and recommended City Council to adopt the La Porte Comprehensive Plan Update 2012. ➢ City Council received presentation of the Final Draft Comprehensive Plan Update Chapters 1-3 and 4-6 during City Council meetings on October 22, 2012 and November 12, 2012 respectively. ➢ City Council, at the October 22, 2012, meeting, also directed staff to begin working with the developer to undertake necessary steps to process a proposed multi -family development to be known as Mariposa at Pecan Park. ➢ At the November 15, 2012, meeting, Planning and Zoning Commission directed staff to develop a recommendation to City Council to amend Map 2.1, revitalization areas, Comprehensive Plan Update, with an addition to the revitalization area to include the proposed Mariposa apartment project for senior adults. At this time, staff is seeking a formal ordinance approval from Council to adopt the update to the City's Comprehensive Plan 2030, with the recommended change to the boundary line of the revitalization area. Action Required by Council: 1. Consider approval or other action of an Ordinance to adopt the La Porte Comprehensive Plan Update, to include an amendment to the previously reviewed draft of the revitalization area map. Approved for City Council Agenda Corby D. Alexander, City Manager Date ORDINANCE NO. AN ORDINANCE ADOPTING AN UPDATE TO THE COMPREHENSIVE PLAN OF THE CITY OF LA PORTE, UPON RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF LA PORTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, Section 211.004 of the Texas Local Government Code provides that Zoning regulations must be adopted in accordance with a Comprehensive Plan; WHEREAS, Section 213.003 of the Texas Local Government Code provides that the governing body of the municipality may amend a Comprehensive Plan by ordinance, after public hearing and review by the municipality's planning commission or department; and, WHEREAS, Section 213.003 of the Texas Local Government Code also provides that a municipality may establish, in its charter or by ordinance, procedures for adopting and amending a Comprehensive Plan; and, WHEREAS, Chapter 106, "Zoning", Section 106-3, and Section 106-65 of the Code of Ordinances of the City of La Porte, delegates to the Planning and Zoning Commission the duty to review and make recommendations relevant to modifications of the Comprehensive Plan and Zoning Ordinance; and, WHEREAS, the City of La Porte has a Comprehensive Plan which was adopted by the City Council of the City of La Porte in 1986, and amended on the 22"a day of January, 2001; and, WHEREAS, pursuant to mandate of Chapter 106, "Zoning" of the Code of Ordinances of the City of La Porte, the Planning and Zoning Commission of the City of La Porte has reviewed all elements of the Comprehensive Plan, and furthermore commissioned a review of the said plan by a Consultant, duly approved by the City Council of the City of La Porte, to consider possible amendments thereto; and, Page 2 WHEREAS, at the La Porte Planning and Zoning Commission meeting which occurred on September 20, 2012, the La Porte Planning and Zoning Commission heard a Filial Draft Comprehensive Plan Update for the purpose of considering all the components of, and proposed amendments to, the Comprehensive Plan; and considered the report on update of the Comprehensive Plan; WHEREAS, after due consideration of the comments made by the various departments together with the recommendations of the City of La Porte Planning Department staff presented at the said September 20, 2012, Planning and Zoning Commission meeting, the Planning and Zoning Commission has recommended to the City Council of the City of La Porte an update to the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, THAT: Section I That an update to the Comprehensive Plan of the City of La Porte with this Ordinance, and which is incorporated by reference herein, be and is hereby authorized, approved, and adopted by the City Council of the City of La Porte, after duly noticed public hearings held at its October 22, 2012 and November 12, 2012 meetings, pursuant to the recommendations of the Planning and Zoning Commission of the City of La Porte,. Section 2 The City Secretary of the City of La Porte or her designated representative will be required to make this document available to public the Comprehensive Plan and duly mark and note update reference on the Comprehensive Plan of the City of La Porte. 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 Page 3 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 If any section or part of any section or paragraph of this ordinance is declared invalid, or unconstitutional for any reason, it shall not invalidate or impair the validity, force or effect of any other section or sections or part of a section or paragraph of this ordinance. This Ordinance shall be in effect from and after its passage and approval. Passed and approved this day of , 20I2, CITY OF LA PORTE Louis R. Rigby, Mayor ATTEST: Patrice Fogarty, City Secretary APPROVED: By: ClaK Askins, Assistant City Attorney REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 10, 2012 Requested By: Tim Tietjens Department: Planning Report: X Resolution: Ordinance: Exhibit: Revitalization Plan Letter of Support and Map Budget Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YES — NO SUMMARY & RECOMMENDATION During the October 22, 2012 meeting of City Council public testimony regarding the proposed apartment project of senior adults called Mariposa at Pecan Park was heard from the developer, Stuart Shaw of Bonner Carrington. Council directed staff to assist the developer with the submittal. Based upon that directive, the Planning and Zoning Commission, at the regular meeting November 15, 2012, directed staff to develop a recommendation to City Council to amend Map 2.1, redevelopment/revitalization areas within the draft Comprehensive Plan 2030, to include undeveloped property for the proposed Mariposa at Pecan Park apartment project for senior adults along Canada Road. Last month, City staff met with the Texas Department of Housing and Community Affairs (TDHCA) to discuss a road map for what needs to be done by the City to help developers obtained necessary points towards this development. TDHCA acknowledged that the Comprehensive Plan Update meets some of the requirements of the Qualified Allocation Plan (QAP) if adopted before the pre -application deadline (January 08, 2013) because it addresses appropriate factors for developing a revitalization plan, and it includes a specific target area. In order to receive maximum allowed points under the 2013 QAP for being located in a targeted revitalization area of the City, the developers are seeking a letter of support from the City. Draft language is attached herewith. Action Required by Council: Consider approval or other action authorizing the City Manager or his designee to send a letter of support for the proposed Mariposa at Pecan Park apartment project for senior adults along Canada Road. Approved for City Council Agenda Corby D. Alexander, City Manager Date December 10, 2012 Jean Latsha Texas Department of Housing & Community Affairs 221 East 11 th Street Austin, Texas 78701 RE: Revitalization Zone Serving the Proposed Mariposa Apartment Homes at Pecan Park Dear Ms. Latsha, I am writing you on behalf of the City of La Porte (the "City") regarding points awarded for Community Revitalization Plans ("CRP") in the 2013 Housing Tax Credit Application Round. Pursuant to our discussions in meetings you have had with myself and our Assistant City Manager, we assert the City meets the revitalization point scoring test, in part, required by TDHCA is its Qualified Allocation Plan ("QAP") for the above referenced site. Accordingly, the City requests the Texas Department of Housing and Community Affairs ("TDHCA") award Mariposa Apartment Homes at Pecan Park ("MPP") the maximum allowed points in which MPP would be eligible under the 2013 QAP for being located in a targeted revitalization area of the City. In addition the City would like to allocate the two discretionary points available under section 6(A)(ii)(III), Community Revitalization Plan, to MPP. The City recently adopted the 2030 Comprehensive Plan (the "Plan") that includes, among other things, specific areas targeted for revitalization. The proposed MPP community, affordable housing for seniors aged 55 and older, is a use that is consistent with the Plan and is located in one of the areas targeted for revitalization by the Plan (see attached map). The City leadership, staff, and consultants have spent a great deal of time, effort and resources reviewing data, listening to public input and creating a strategy represented in the Plan. We anticipate that the Plan, with minor modifications from time to time, will be a valuable guide and resource as the City navigates the next 20 to 30 years. The Plan has a number of goals including, but not limited to, encouraging revitalization of targeted areas and providing affordable housing for seniors. The Plan takes into consideration a number of the TDHCA required elements for CRP points, and while it may or may not fulfill all of the required factors, the Plan is a meaningful and substantial plan and planning document for the City. The Plan encourages the City to create revitalization plans for targeted areas and the City intends to create a meaningful revitalization plan that meets TDHCA CRP requirements where MPP is located. While the Plan is comprehensive and directly addresses revitalization, the short time frame between the adoption of the QAP and the CRP delivery date (Pre -Application submission in January 2013) does not allow for enough time to finalize the City's CRP. The City supports the proposed MPP community and intends to create and implement a TDHCA compliant CRP in the near future. The City's CRP adoption process will, much like the current Plan, take public comment into consideration, follow an appropriate public comment processes and endeavor to commence revitalization activity in a timely manner. In addition, the City does not have reason to believe that the overall funding for or the full and timely implementation of the plan will be unavailable. The City has not developed a budget for the subject revitalization zone, but anticipates that the projected economic value of subsequent development resulting from the MPP project within the CRP efforts will exceed $6,000,000, The City has met with TDHCA staff to assure the existing revitalization efforts of the City agree with the rules set forth by the TDHCA. Without question the City's revitalization efforts currently underway are impactful and meaningful to the citizens of La Porte and to the City at large. Accordingly, the City requests the TDHCA authorize pre -clearance and/or a waiver of the rules for the City of La Porte's Plan and CRP efforts so that the MPP application can achieve the maximum allowed points under the 2013 QAP. If you have any questions please contact me at (281) 470-5056. Thank you for your consideration. Sincerely, Tim Tietjens Planning Director Attachments: Targeted Revitalization Area Map from the Comprehensive Plan 2030 Comprehensive Plan REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested December 10, 2012 Requested By Patrice Fogarty Department: Q4, Swratary Report Resolution: Ordinance: Appropriation Source of Funds: Account Number: Amount Budgeted: Exhibits: Draft Charter with proposed amendments I Amount Requested: Exhibits: Budgeted Item: YES NO SUMMARY & RECOMMENDATION Earlier this year City Council determined the need to review the City Charter. A Citizens' Charter Review Advisory Commission was created with the following appointed members: Chairman Chuck Harrington; Vice Chairman David Brady; Commission Members Nancy Lotze, Nancy Ojeda, Paul Feazelle, Mark Follis, Stan Sherwood, Nolan Allen and Tim Cowart. Seven meetings were held from July through November. Every article and section of the City's Charter was reviewed and discussed. Input was gathered from several City departments, and the City Secretary served as staff liaison. Assistant City Attorney Clark Askins provided legal support. The Commission is honored to present Council with this draft Charter and proposed amendments. Council may determine the need to hold additional workshops, and Chairman Harrington and other members of the Commission have indicated their willingness to work with Council in this regard. Action Required by Council: 1. Receive draft Charter with proposed amendments and determine whether additional workshop dates should be set. 2. If Council does not desire to set additional workshop dates, determine whether to direct staff to draft ballot language for a special election to be held in May 2013, to bring forward proposed Charter amendments to the qualified voters in the City of La Porte. Approved for City Council Agenda Corby D. Alexander, City Manager Date PARTI-CHARTER CHARTER COMPARATIVE TABLE PART I - CHARTER ['] (') Editor's note— Printed herein is the Charter of the City of La Porte, Texas, as adopted by ordinance number 1216, § 1 on May 21, 1980, and adopted by referendum on August 9, 1980. Amendments to the Charter are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original Charter. Obvious misspellings have been corrected without notation. For stylistic purposes, a uniform system of headings, catchlines and citations to state statutes has been used. Additions made for clarity are indicated by brackets. ARTICLE I. - INCORPORATION; CITY POWERS ARTICLE II. - CITY COUNCIL ARTICLE III. -ADMINISTRATION ARTICLE IV. - BUDGET ARTICLE V. - FINANCE ADMINISTRATION ARTICLE VI. - INITIATIVE, REFERENDUM AND RECALL ARTICLE VII. - FRANCHISES AND PUBLIC UTILITIES ARTICLE VIII. - GENERAL PROVISIONS CHARTER COMPARATIVE TABLE (') State Law reference— Home Rule, V.T.C.A., Local Government Code § 9.001 et seq. (Back) ARTICLE I. - INCORPORATION; CITY POWERS 1.01. - Incorporation. 1.02. - City boundaries. 1.03. - Modification of city boundaries. 1.04. - Form of aovernment. 1.05. - Powers of the city. 1.06. - Special provisions for damaqe suits. 1.01. - Incorporation. The inhabitants of the City of La Porte within the boundaries as now established or as hereafter established in the manner provided by law shall continue to be a body politic and corporate and be known by the name of the City of La Porte. 1.02. - City boundaries. The boundaries and limits of the city shall be the same as have heretofore been established and now exist, which boundaries and limits were originally shown on the map recorded in Volume 8, Page 16, Map La Porte, Texas, Code of Ordinances Page 1 of 33 PARTI-CHARTER CHARTER COMPARATIVE TABLE Records of Harris County, Texas, and as modified by subsequent annexations and disannexations. State law reference— Map of municipal boundaries, V.T.C.A., Local Government Code § 41.001. 1.03. - Modification of city boundaries. The city council shall have power by ordinance to fix the boundary limits of the city and to provide by ordinance for the extension of said boundary limits, by the annexation of additional territory lying adjacent to the city, the disannexation of territory within the city and the exchange of territory with other cities and towns, all with or without the consent of the inhabitants in such territory or the owners thereof; provided that the foregoing powers shall be exercised by the council in a manner consistent with, and the council shall comply with, the procedural rules, requirements and limitations prescribed by any law applicable to cities operating under charters adopted or amended pursuant to Article XI, Section 5 of the Constitution of the State of Texas, otherwise known as home rule cities, including Revo .i.,,'.o5......q..44.....S.o.F..q..o.....Stat wt.o.sy.....of exas � AFtwde3. 0 (NIWRw6paf u;Ro of owe i V.T.C.A., Local Government Code §§ 42.001 et seq., §§ 43.001 et seq. (Municipal Annexation Act). The following methods of annexation may be used: (a) Petition. The residents of any land contiguous and adjacent to the city may request the annexation of such land. Such request shall be made by a petition in writing which is signed by a majority of the residents of such land, addressed to city council and filed with the city secretary. iiJhn fl*ty (0) ayE; of the 411;q of . UGh pe#tOR I City council shall hear the petition and any arguments for or against it and shall accept or refuse the petition as council sees fit, as prescribed by state law. If the petition is accepted, council shall by proper ordinance annex such land. (b) Otherwise. The city may annex territory by use of any of the means provided in I eviE;e vi 44 Statutes of Texas Aii#uGIe...907 (Mu111;uG�pall ill;RexatOR AGt) V.T.C.A., Local Government Code § 43.021 et seq. (Municipal Annexation Act). State law reference— Annexations, V.T.C.A., Local Government Code § 43.021 et seq. 1.04. - Form of government. The governing body of the city shall be a council composed of the mayor and eight (8) councilpersons, to be known as the city council of the City of La Porte, hereinafter called city council. The members of city council shall be elected from the city in the manner prescribed elsewhere in this Charter. State law reference— Form of government in home rule cities, V.T.C.A., Local Government Code § 26.001 et seq. 1.05. - Powers of the city. a. Generally. The city shall have all the powers granted to municipal corporations and to cities by the Constitution and laws of the State of Texas together with all the implied powers necessary to carry into execution the powers granted. The city may acquire property within or without its corporate limits for any city purpose in fee -simple title or any lesser interest or estate by purchase, gift, devise, lease or condemnation and may sell, lease, exchange, mortgage, hold, manage and control such property as its interest may require; and, except as prohibited by the Constitution of this state or restricted by the Charter, the city may exercise all municipal powers, functions, rights, privileges and immunities of every name and nature whatsoever. The city may use a corporate seal; may sue and be sued; may contract; may implead and be impleaded in all courts concerning all matters; may cooperate with the government of the United States and of the State of Texas or any agency or political subdivision thereof to accomplish La Porte, Texas, Code of Ordinances Page 2 of 33 PARTI-CHARTER CHARTER COMPARATIVE TABLE any lawful purpose; and may pass such ordinances as may be expedient for maintaining the city's peace and welfare and for the performance of its functions. b. Enumerated powers. Without limitation of the foregoing powers, the following are enumerated for greater certainty: 1. Eminent domain. The city shall have the full power and right to exercise the power of eminent domain when necessary or desirable to carry out any of the powers conferred upon it by this Charter or by the Constitution and laws of the State of Texas. This power shall include the power to acquire any public utility operating with or without a franchise and furnishing a public service. The city may exercise its condemnation power in any manner authorized or permitted by the constitution and laws of this state. The power of eminent domain hereby conferred shall include the right of the city to take fee -simple title in land so condemned and such power and authority shall include the right to condemn property for such purposes. The city shall have and possess the power of condemnation for any municipal or public purposes even though not specifically enumerated in this Charter. 2. Streets. (a) Powers. The city shall have the power to lay out, establish, open, alter, widen, lower, extend, grade, abandon, discontinue, abolish, close, care for, pave, supervise, maintain and improve streets, alleys, sidewalks, parks, squares, public places and bridges; and regulate the use thereof and require the removal from streets, sidewalks, alleys and other public property or places of all obstructions and all vendors, showcases and encroachments of every nature or character upon any of said streets and sidewalks. (b) Improvements. The city shall have exclusive dominion, control and jurisdiction in, upon and over and under the public streets, avenues, alleys and highways of the city, and may provide for the improvement thereof of paving, repaving, raising, draining or otherwise. The provisions of dCw,e%A;�.c5......mm°.ii..q.p........ �.u.t etc.;�.....c ...:ll:.c ........i114�iG. o......°p...1..05 V.T. .A. Transportation ode p C C p C § 313.001, et seq., are expressly adopted and made a part of this Charter. Such exclusive dominion, control and jurisdiction in, upon, over and under the public streets, avenues, alleys and highways of the city shall also include, but not be limited to, the right to regulate, locate, relocate, remove, or prohibit the location of all utility pipes, lines, wires or other property. 3. Sanitary sewer system. The city shall have the power to provide for a sanitary sewer system and to require property owners to connect their premises with such sewer system, to provide for fixing penalties for failure to make sanitary sewer connections; and shall further have the right to fix charges and compensation to be charged by the city for sewerage service, providing rules and regulations for the collection thereof, and to provide for rendering a lien against any property owner's premises who fails or refuses to make sanitary sewer connections after due notice and to charge a cost against said owner and make it a personal liability. 4. Garbage disposal. City council shall by ordinance adopt and prescribe rules and regulations for the handling and disposition of all garbage, trash and rubbish within the city and shall fix charges and compensation to be charged by the city for the removal of garbage, trash and rubbish, providing rules and regulations of the collection thereof. 5. Nuisances, etc. The city shall have the 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 La Porte, Texas, Code of Ordinances Page 3 of 33 PARTI-CHARTER CHARTER COMPARATIVE TABLE source of water supply of any city and to provide for policing the same as well as to provide for the protection of any watersheds and the policing of same, to inspect dairies, slaughter pens, and slaughterhouses inside and outside the limits of the city, from which meat or milk is furnished to the inhabitants of the city. C. General powers adopted. The enumeration of the particular powers in this Charter shall not be held or deemed to be exclusive but in addition to the powers enumerated herein or implied hereby or appropriate to the exercise of such powers; the city shall have and may exercise all power of local self-government and all other powers which, under the Constitution and laws of the State of Texas, it would be competent for this Charter specifically to enumerate. The city shall have and may exercise all the powers enumerated in V.T.C.A., Health and Safety Code § 122.006; V.T.C.A., Local Government Code §§ 26.021, 26.041, 43.021, 43.142, 51.072, 51.074-51.077, 54.004, 101.022, 101.023, 141.044, 211.003, 211.005, 211.013, 214.001, 214.013, 214.901, 215.072-215.075, 216.901, 217.042, 251.001, 341.003, 341.903, 342.011, 342.012, 401.002, 402.002, 402.017; V.T.C.A., Tax Code §§ 302.001, 302.002, 302.102; V.T.C.A., Transportation Code §§ 311.001, 311.004, 311.005, 311.007, 311.091-311.094, 311.904; and Vernon's Ann. Civ. St. art. 1175. 1.06. - Special provisions for damage suits. Before the city shall be liable to damage claim or suit for personal injury or death or damage to property, the person who is injured or whose property is damaged or someone in his behalf or his personal representative in cases of death shall give the city secretary notice in writing within ihi# (0) one hundred eighty (180) days after the occurring of the alleged injury, death or damage stating specifically in such notice when, where and how the injury, death or damage was sustained and setting forth the extent of the injury or damage as accurately as possible, and giving the names and addresses of all witnesses upon whose testimony such person is relying to establish the injury, death or damage. No action at law for damage shall be brought against the city for personal injury, death or damage to property prior to the expiration of sixty (60) days after the notice hereinabove described has been filed with the city secretary. After the expiration of sixty (60) days aforementioned, the complainant may then have two (2) years in which to bring an action of law. State law reference— Tort claims, notice, V.T.C.A., Civil Practices and Remedies Code § 101.101. ARTICLE II. - CITY COUNCIL [2] (2) State Law reference— Form of government, V.T.C.A., Local Government Code § 26.001 et seq. 2.01. - Composition of i Qualifications. 2.04. - Vacancies in 2.03. - Conduct of elections. Compensation. Originalmeeting of new council. ay La Porte, Texas, Code of Ordinances Page 4 of 33 PARTI-CHARTER CHARTER COMPARATIVE TABLE 2.10. -Additional discretionary powers. 2.11. - Ordinances. 2.01. - Composition of city council. a. Members of council. City council shall be composed of a mayor and eight (8) councilpersons. The positions of councilpersons shall be designated as follows: Councilperson—District 1 Councilperson—District 2 Councilperson—District 3 Councilperson—District 4 Councilperson—District 5 Councilperson—District 6 Councilperson-at-large—Position A Councilperson-at-large—Position B. The mayor and the two (2) councilpersons-at-large shall be elected by a majority vote of the city at large. The city shall be divided, as described below in subsection b, into six (6) districts, Districts 1, 2, 3, 4, 5 and 6, and one councilperson shall be elected from each district by majority vote of the resident qualified voters of such district. b. Formation of districts. City council shall divide the city into six (6) districts which are reasonably compact, contiguous and of as nearly equal population as practicable. It shall be the duty of city council to establish the boundaries of six (6) districts covering the entire city for the purpose of electing district councilpersons. Such boundaries shall be established by ordinance, which shall be final for purposes of this Charter. The first such establishment shall be made as soon as practicable prior to the first city election following adoption of this section. Any subsequent establishment shall be made when required by this Charter. Promptly following the addition of territory to the city by a boundary change, the city council shall, by ordinance, add such territory to an adjacent district or districts. mw"redat4l fcllllc ling V uslblkGatwO a of the 1330...fed& l Gensus, , n all s; i i'Y five (5) yearE; ilheri? ftei'l, Following the publication of the decennial federal census, city council shall conduct an investigation and determine the population of the city and the population of each of the districts from which district councilpersons are to be elected. Each such determination shall be based upon the best available data, including, but not limited to, the most recent federal census. Each such determination shall be expressed in an ordinance, which shall be a final determination for purposes of this Charter. After any such determination, if the distribution of population among the various districts is determined by city council to be materially unbalanced, the city council shall establish new boundaries for the election of district councilpersons. La Porte, Texas, Code of Ordinances Page 5 of 33 PARTI-CHARTER CHARTER COMPARATIVE TABLE C. Election. All candidates for city council shall be voted on and elected separately for positions and districts on said city council, and each candidate shall be designated on the official ballot according to the title of such position or district to which he seeks election. Any candidate for office receiving a majority of all the votes cast for the office for which he is a candidate shall be elected to such office. Candidates in a runoff election are the candidates who receive the highest and second highest number of votes in the main election or who tie for the highest number of votes. In the event any candidate for any office fails to receive a majority of a4 votes cast for all the candidates for such office, the city council shall call a run-off election to be held u"uci...leGGu tIhaR tweRt on (4) (Jays nor more ? than i4ii#y (0) days after thleGt& :, in accordance with state law. Tie votes shall be resolved in accordance with state law. at WhGh u41R off Ic i011; the two () Ganddates FeGe� vling the II;wgheE; u uu uu u l c.ii:. of ct Eu sha4 be vc . for ...sgawR, ...p n the .... veRt.. of s te uR ..the vote!for .... h to ((....Il uu ing au du da e t the .r..?3ufl u, e.. l i OR, the G4Y GOWI;e4 . ha4 ho4J a...G�eGcw"u .... eGt�O a w"uci...11. sE; than WeRt�( ORe (. 1) da(G u"uor w oic Fr... thsw"u ..fl*ty (0) days after the ....0 egWar eleGt011%at WhGh s4....G�eGO a eGtwO a it Gauu.d.uJ i. ,:�F... uu.q ,.u..l; i.0 ..c. .,l.yy,,.'Yha..be voted foF aq.a:'ii ... d. Term of office. The mayor and councilpersons shall each hold their respective offices for a term of three (3) years and until their successors shall have been elected and duly qualified. 2.02. - Qualifications. a. Enumerated. The mayor and councilpersons shall be 6eGt0F,6Y have been qualified voters of the city for 12 months at the time of filing for office, and continuously during their termE;-of office. A district councilperson shall also be a resident of his district for the previous twelve (12) months at the time of filing for office and continuously during his term of office. b. Council to be judge of members' qualifications. City council shall be the judge of the election and qualifications of its members and for such purpose shall have power to subpoena witnesses and require the production of records, but the decision of council in any such case shall be subject to review by the courts. 2.03. - Conduct of elections. a. Regulations. All city elections shall be governed by the laws of the State of Texas. In the event there should be any failure of the general laws or this Charter to provide for some feature of the city elections, city council shall have the power to provide for such deficiency, making all regulations it considers desirable, not inconsistent with the laws of the State of Texas, for the prevention of fraud in such elections and for the recount of ballots in 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. Schedule. 1. Regular election. The regular election for choice of members of council shall be held annually on the fii,E4 Saturday of Iklay a uniform election date as determined by state law and as ordered by La Porte, Texas, Code of Ordinances Page 6 of 33 PARTI-CHARTER CHARTER COMPARATIVE TABLE 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 in accordance with state law. State law reference— Uniform election dates, V.T.C.A., Election Code § 41.001. 2.04. - Vacancies in city council. a. Candidacy elsewhere. If the mayor or any councilperson shall announce his candidacy, or shall in fact become a candidate, in any general, special or primary 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 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. b. Procedure. When a vacancy occurs for any reason in the office of mayor or councilperson, council shall call a special election within one hundred twenty (120) days. At said election the vacant office or offices shall be filled under the provisions of this Charter. C. Filing for office. Each candidate for public office must: 1. Have been a resident of the City of La Porte for at least twelve (12) months immediately preceding filing for office, and blCle a qualified voter in the city. 2. c ( a F a ��......�;�.)... u. ; �....p pi: i.c.�:....... �.p�.c...c.p.c t.Il c udate in .... File sworn application with the city secretary � u�.�� � �wwIT accordance with state law. ....................o6t...the ....ii: Fr .w.iiii: e....A4Lunq....ioo. or uinayor!! Not to 00000 the E'R: of one 11;k:1R a=o cfl4ar (4 0040) II OF no.u..s.un.nu..n.:,.o.n.c. Il''q i o &KGeed the ,S.R.41.".n of fifty.o.l..u:.,,YY(.".Lg.....(.).Q.(........ ::::4q a'..'......... "'....rrr....�......... 6 �.y ....,� ...... a.. the a.........�..........rrr.�'...... fee :a ......�....... II Ino �wlwwnq �oo,.� ,.�Ilnoll Ilno u.s,.�o �o o�w u.� �Ilno n»o,.�� o� ilno oloniwoun oun ,.you boo ,.�Inoll Ilno Inwou u.��o oun o.R.)HSAAw:.IpndLH6....614n.o.p.p....Ilno....F FriHR(Je .... ) 6akJ.... aiin..q .; t.c.,Y,..... .". ........... a.......... 6 a.'............��......................�.........�.......:'....� .....�........rrr............" .....�..... a' � � a........'.rrr......... ...... ....... Ilwn Iwou.� o� Ilno,.�iwwnq ,.�u.sn»In boo, o nownuo�o u"no ,.�u.�lnu"nw� o Inoiw�uown w�.Fu.so,.��uunq �Ilnuni Inw,.� ununw"no Ino ....�..... a.. .. ....... ..... a.......... �:'........... a' rrr....�.......... �.:....�.................. rrr:.......a a...:. �.rrr....... a......... .:'. :.rrr..... ...... Ilnlnno own ilno Ilnu�lloi. Coin Ilnoiw�uon ,.�Ilnoll Ilnounu o wnu.su"nllnow o� ,.�ugwnoiu.su d.F,.� o� u.�unllu�uo olon»�ow,.� Ilno are ...uRFnu onin of the Gki (, Wln Gh nusurnbei' nlha4 not be .l.o.E;n ilnoun dive ( (VaerGeni of the total vote Gast at the u'nost uR)noun( o.11.oGtwOR...41 nnllnGh n..noWunolillpersOn was....4eGto ouIT fifty (,(,).(.,. WIlnlinlnooel'� uG. the leE;sel' w uirnlbe I ad; E;�qunor E;hao4 uu (JwGato llnwn o u�)ns....aii;d the nusurnlber nun no.W.unt.. ...of...In.ii,Y....not.o.F n.o.Ftt ii.Gate...... 3. File for only one city office d. Official ballots. Official ballots shall be prepared in accordance with state law. I Ino fu 11 Rarnon of oll onun w oion fouIT mayoF or oousunnwl....aE; Ine.u-.EF41befoe Varonw o ,..onoolni GUGh aE; may have n khdi'awin,..ded o.u: ... .............. .D. e. ....."w....a........ :....:'.�........�......�w.... :....... .:............,w.......a :'........�w...........n...........�.......:....ate6 Ilnonow"no uunolwgwlnlo, ,.�Inollll Ino Inu uun�o own �Ilno o��wnuoll Ilnollo�,.� uilnou.�i Ilnunw��� o,.�wquno�uown,.�. I� io (( nownuu�io,.� "'. ...... ........:.... ...... ............:.... a........... ...... .rrr.....rrr.........rrr:'......4 .:....�.,, ... a.......... .... ...........�....rrr. ...rrr:'.............. a'.. ... a....:....... a.... ...... a.... " c w�lln �Ilno ,.�u�u"no ,.�u.su unu�u"no,.�, ou uiln unu�w"no,.� ,.�o ,.�uu"nwlu�u o,.� to Ilno Iwll�ol�� �o nou.�,.�o nown�u.�,.�uoun, �wlo you o��un»o, ilnoww onnu slab ounE.; ei, the ...o a ansseE.; of ihen i' po aGeG. of a anE'�w onno...E;moll be p Hood 4th then r u;arnoE;...oun the llaa4o s, :....:...:...........�.......�w............. .....:....,w....a........ ............ no ow ow o ino wnu�u"no,.� oun ono nu.� of ,.ono no o�oww"nwwno n. La Porte, Texas, Code of Ordinances Page 7 of 33 PARTI-CHARTER CHARTER COMPARATIVE TABLE e. Canvassing elections. Election returns shall be canvassed in accordance with state law. IletuuuITuma of a.... .... a........��........... :.�......�..........."Y ...".�.........�y.... ......... .....made............. ... a............... a...... crrr.... a.........................".........:............ ..... a.......... :'...... true elleetuoum,.�, yeumeual aumml ,.�ieeual, ,.�Imallll be u�y the eleetuoum offueeu..� to eou.uumeul Iluou"alltlly folllloamuumy sod 4eetooum,....at WhiGhtime eouuumeul uulmallll eaumeaauu and (teelari? time u�)awks of. uuGh 4eGtoR,...... 2.05. - Compensation. Each councilperson and the mayor shall receive for his services a salary in an amount determined by the council, not to exceed the sum of twei;ty fcu: F hu R(jiIT�)4llWF6 ($2. 400,00) forty-eight hundred dollars ($4,800.00) per year for the mayor, and twenty-four hundred dollars ($2,400.00) twelee hu: ndr�) mtollllai's (f( per year for each councilperson. 2.06. — Our uuyiurmal meetuuimuy of new eouu-urmcli4First meeting of council after canvass. :. �.........:................:'.... �....... :....................................:.........:..:.'w ........ � ....:....�................0 May:, On the first Monday next following the ud.Fyu.ulau u"au.uumueuiall elleetuoum Ilmelmt Quin time fuu,.�t Catu.uu�tay of Iyay, canvassing of an election, or as soon thereafter as practicable, city council shall meet at the usual place for holding meetings, and the newly elected members shall qualify and assume the duties of office. A!t u'uueh Meeiww"uq....m 0k:IRa4 shall... mmllmm l...ORe of 46u w"m"ueimbew..u; to seu= min auu..mayor ...l u o tem, who..; hall...seii'v m touIT a one year teii'm and URN 11 uS 6�auaeesE;or us al�DDO united and has 9wa4fiied &tor' l9GtdGR adate�R the (4ty Gh.e f#st gatuiiaday sue May Duiii uaRt Pab 186tt GR QGde § 1 A 9.:1 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 city secretary upon request of the mayor or three (3) councilpersons. b. Rules. City council shall determine its own rules and order of business. C. 46W47,al, ftuty oouuu"uewl s0ga4 keep a toa rival of fits V 1oeee6u1"uq. SauGh towrinal shall Ile of eu"u to li aul lle ii;6p eatiOR" Minutes. Minutes of all open meetings of the council shall be recorded as a public record. State law reference— Public meetings, V.T.C.A., Government Code § 551.001 et seq. 2.08. — Illtuut4s of uinayour Duties of Mayor and Mayor Pro Tem. The mayor shall preside at meetings of council and shall be entitled to vote upon all matters it considers. The mayor shall exercise such other powers and perform such other duties as are or may be conferred and imposed upon him by this Charter and the ordinances of the city. He shall be recognized as the head of the city government for all ceremonial purposes, by the courts for civil process, and by the government for purposes of military law. In times of public danger or emergency, the mayor shall take command of the p y oeeauus inthe ulhe offuee of w"m�uayoi'or wR true eau;e of l�u.li.s police, maintain order an enforce the law. -a eaeaume abseumee or mlliuuall ulluty, the umayoi, pro teua s0gal4 aet aE; mayor usuutwl a uRuseeeSSOF IS eleeted aind hauu gwa4fieu or URN the mayor as agawR able to aE;s ume Iluim..dwtme.u; of offiiee, A mayor pro tem shall be a council member and be elected by the council at the first meeting of council after canvassing the general and any run-off election, who shall serve for a one-year term or until his successor is appointed and has qualified. If a vacancy occurs in the office of mayor or in the case of his absence or disability, the mayor pro tem shall act as mayor until a successor is elected and has qualified or until the mayor is again able to assume his duties of office. La Porte, Texas, Code of Ordinances Page 8 of 33 PARTI-CHARTER CHARTER COMPARATIVE TABLE 2.09. - Powers of council. All powers of the city and the determination of all matters of policy shall be vested in city council. Council shall execute the laws and administer the government of the city. Without limitation of the foregoing and among the other powers that may be exercised by council, the following are hereby enumerated for greater certainty: a. Adopt budget of the city. b. Authorize the issuance of bonds by a bond ordinance C. Inquire into the conduct of any office, department, agency or officer of the city and make investigations as to municipal affairs, and for that purpose may subpoena witnesses, administer oaths, and compel the production of books, papers and other evidence. Failure to obey such subpoena or to produce books, papers or other evidence as ordered under the provisions of this section shall constitute a misdemeanor and shall be punishable by fine. Council shall enact an ordinance to enforce this provision. d. Establish and appoint the members of the planning and zonlng commission. e. Adopt plats. Adopt and modify the official map of the city. g. Adopt, modify and carry out plans proposed by the planning and zonlng commission for the clearance of s', ,m distrand rehabilitation of blighted areas. h. Adopt, modify and carry out plans proposed by the planning and zonlng commission for the replanning, improvement and redevelopment of neighborhoods and for the replanning, reconstruction or redevelopment of any area or district which may have been destroyed in whole or in part by disaster. i. Provide for the establishment and designation of fire limits and to prescribe the kind and character of buildings or structures or improvements to be erected therein, and to provide for the erection of fireproof buildings within certain limits, and to provide for the condemnation of dangerous structures or buildings or dilapidated buildings calculated to increase the fire hazard and the manner of their removal or destruction. j. Approve assessment rolls as returned to it by the Ilaoaii'd cf..-e9wa4zatk)R appraisal district and adopt same as the assessment rolls to be used for the collection of taxes for the current year. k. Control and distribute all contingent appropriations. Expenditures from a contingent appropriation shall require prior approval of council. A contingent appropriation shall be disbursed only by transfer to a departmental appropriation, the spending of which shall be charged to the department or activity for which the appropriation is made. I. Neither the Council nor any of its committees or members shall direct or request the appointment of any person to, or his removal from, office by the City Manager or any of his subordinates; or, except as is or may be otherwise provided under the terms of this Charter, in any manner take part in the appointment or removal of officers and employees in the administrative service of the City. Except for the purpose of inquiry, the Council and its members shall deal with La Porte, Texas, Code of Ordinances Page 9 of 33 PARTI-CHARTER CHARTER COMPARATIVE TABLE the administrative service solely through the Manager, and neither the Council nor any member thereof shall give orders to any subordinate of the City Manager either publicly or privately. 2.10. -Additional discretionary powers. In addition to the above powers and without limitation of such, city council shall have the power to, and may at its discretion, do any or all of the following: a. Public library. Council shall have the authority to establish and maintain a free public library within the city and to cooperate with any person, firm, association or corporation under such terms as council may prescribe for the establishment of such free public library. For budget purposes, the library ..ps.l414 may be considered as a department of the city and the appropriations therefor shall comply with all the budgetary requirements as outlined in this Charter and as may be prescribed from time to time by council. b. Hospital. 1. Operation. The city shall have the authority to acquire, establish and own, either by purchase, donations, bequest or otherwise, all property that may be useful or necessary for the purpose of establishing and maintaining a municipal hospital. Upon establishment of such hospital, council shall create a hospital board with membership and compensation deemed appropriate by council, which shall operate the hospital subject only to such direction and supervision as shall be contained in any ordinance or ordinances enacted by council. 2. Finances. All funds belonging to said hospital, whether classed as funds received in course of operation, or otherwise, shall be kept in a separate hospital fund to be used only for the operation and maintenance of said hospital, except that such funds may be used by the city for general operating purposes with the express consent of the hospital board. The hospital board shall submit a quarterly operating statement to council, and an annual audit to coincide with the fiscal year of the city. C. Planning and Zoning. 1. Power. For the purposes of promoting the health, safety, morals or general welfare of the city, council may by ordinance regulate the location, height, bulk and size of buildings and other structures, the size of yards, courts and other open spaces, the density of population and the uses of buildings, structures and land for trade, industry, business, residence and other purposes. 2. Procedure. Should council enact regulations under subsection 1, above, it shall establish a zoning commission and may establish a zoning board of adjustment. (a) Zoning commission. (1) The ZOR11 q commission shall recommend to council the location of zoning districts and restrictions therein, and shall hold public meetings on such recommendations. (2) Commission members shall receive such compensation as council may deem appropriate. La Porte, Texas, Code of Ordinances Page 10 of 33 PARTI-CHARTER CHARTER COMPARATIVE TABLE (3) Council may combine the duties of said commission with the duties of the planning commission, as provided in section 2.09 a through j, to form a planning and zoning commission. (b) Zoning board of adjustment. (1) The zoning board of adjustment may, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of a zoning ordinance in harmony with its general purpose and intent and in accordance with general or specific rules therein contained. (2) Board members shall receive such compensation as council may deem appropriate. 3. Generally. All of the powers granted by RevuE;ed Q4 ALL Lusl ;n....of Texas, AFtdes 101 lato 'I01ljI ,V.T.C.A., Local Government Code § 211.001 et seq., inclusive, relating to zoning in cities, are hereby adopted and made a part of this Charter. d. Housing authority. Council may create a housing authority of such number, terms and compensation of members as council may determine and may delegate to the housing authority such powers relating to the planning, construction, reconstruction, alteration, repair, maintenance or operation of housing projects and housing accommodations as council may determine. 2.11. - Ordinances. a. Passage. 1. Procedure. Every ordinance shall be introduced in written or printed form, and, upon passage, shall take effect at the time indicated therein; provided that any ordinance imposing a penalty, fine or forfeiture for a violation of its provisions shall become effective not less than ten (10) days from the date of its passage. The city secretary shall give notice of the passage of every ordinance imposing a penalty, fine or forfeiture for a violation of the provisions thereof, by causing the caption or title, including the penalty, of any such ordinance to be published in the official newspaper in the city at least once within ten (10) days of its passage according to the provisions of ` : i . :, L OGas1 Gave rneint Gode §... 011.. state law. He shall note on every ordinance, the caption of which is hereby required to be published, and on the record thereof, the fact that same has been published as required by the Charter, and the date of such publication and promulgation of such ordinance; provided, that the provisions of this section shall not apply to the correction, amendment, revision and modification of the ordinances of the city for publication in book or pamphlet form. Except as otherwise provided in Article VII of this Charter, it shall not be necessary to the validity of any ordinance that it shall be read more than one time or considered at more than one session of city council. Every ordinance shall be authenticated by the signature of the mayor and city secretary and shall be systematically recorded in an ordinance book in a manner approved by council. It shall only be necessary to record the caption or title of ordinances in the official minutes ofjIcu wITunal of council meetings. 2. Codifications. Council shall have power to cause the ordinances of the city to be corrected, amended, revised, codified and printed in code form as often as council deems advisable. Such printed code, when adopted by council, shall be in full force and effect without the necessity of publishing the same or any part thereof in a newspaper and shall be admitted in evidence in all courts and places without further proof. La Porte, Texas, Code of Ordinances Page 11 of 33 PARTI-CHARTER CHARTER COMPARATIVE TABLE I . 4itional ordin a Ge& Il uR addt cO !(O E'u a h aG(G. Of GOWI GG4 as...su by statute ute or by i hE;...Charter to .......... .....................c...."R ....... .......... .......�.... a......... a......................."........ .6 a�.....'.rrr...:'.............�...... a'.... cuu�uu"uu.uu"u�» �u�� mi c� cu.uu"uul a�,.�iu�ulllu,.�Il�uuu"uq �uu"ue cuIT cihc.u:.......Ilc.R.;.III.y.......c.u:.......I.u:c..ii.5.ii.ii;5.......fo.u........the liDeRdtk:111E.F Of Hll;u . cuIT oiii:..the G0RtraGt1;g cf...iu" debte i;ess s0qsl4....p by ...ord i uaRGe..... b. Enacting clause. The enacting clause of all ordinances shall be "BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE." ARTICLE III. - ADMINISTRATION - City manager. departments.3.01. secretary. 4Municipal court. 3 3.01. - City manager. a. Appointment and qualifications. City council shall appoint a city manager, who shall be chosen solely on the basis of his executive and administrative training, experience and ability. No member of city council shall, during the term for which he is elected and for one year thereafter, be appointed city manager. b. Term and salary. The city manager may be appointed and removed at the will and pleasure of city council by a vote of the majority of the entire city council. The action of city council in suspending or removing the city manager shall be final, it being the intention of this Charter to vest all authority and fix all responsibility of such action in city council. Council shall set a salary for the city manager as it deems appropriate. C. Duties. Except as provided elsewhere in this Charter, the city manager shall be the chief executive officer and head of the administrative branch of the city government. He shall be responsible to the council for the proper administration of all affairs of the city and to that end he shall have power and be required to: 1. Devote all his working time and attention to the affairs of the city. 2. Appoint and, when necessary for the good of the city, remove all city officers and employees except those for which this Charter provides otherwise. He may authorize the head of a department to appoint and remove subordinates in such department. 3. Prepare the budget annually, submit it to council and be responsible for its administration after adoption. 4. Prepare and submit to council, as of the end of the fiscal year, a complete report on the finances and administrative activities of the city for the preceding year. 5. Keep council advised of the financial condition and future needs of the city and make such recommendations as may seem to him desirable. 6. Perform such other duties as may be prescribed by this Charter or required of him by the council, not inconsistent with this Charter. La Porte, Texas, Code of Ordinances Page 12 of 33 PARTI-CHARTER CHARTER COMPARATIVE TABLE d. Provisions for absence. Within thirty (30) days after taking office, the city manager shall designate by letter filed with the city secretary a qualified administrative officer of the city to perform his duties during his temporary absence or disability. Upon receipt of said letter, the city secretary shall advise council of its contents. Said letter shall be in force and effect for the duration of the city manager's employ or until he files another such letter. 3.02. -Administrative departments. a. Creation. There are hereby created the following administrative departments: Finance, police, fire, law, public works, health, parks and recreation, planning, and water and sewer. Council may by ordinance create or abolish offices, departments or agencies other than the offices, departments or agencies established by this Charter. b. Consolidation. Council may consolidate or redesignate any of the offices, departments and agencies. C. Directors. The city manager shall appoint a director to supervise and control each department. When necessary for the good of the city, the city manager may remove any such director. Such director shall be an officer of the city and shall have supervision and control of his department, subject to the supervision of the city manager. Two (2) or more departments may be headed by the same individual, and directors of departments may also serve as chiefs of divisions. The city manager may head one or more departments. d. Divisions. The work of each administrative department may be distributed among .SAAGh divisions hei,eof as may Ilnae es lnll.iiE;lied IIay ord naRG r thI IhaFter. 3.03. - City secretary. VV4h theadViGe and GOR.G�el Of Gk( GcWR64u Ulna G4Y..uman.agei, City council shall appoint a city secretary. Goimpetei;t� � ....ci...the .... 4y 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 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 tc...-In- rn by council, state law or elsewhere in this Charter. La Porte, Texas, Code of Ordinances Page 13 of 33 PARTI-CHARTER CHARTER COMPARATIVE TABLE 3.04. - Municipal court. a. Establishment. There shall be established and maintained a municipal court with all powers and duties as are now, or may hereafter be, prescribed by the laws of the State of Texas for municipal courts. b. Municipal judge. City council shall appoint a competent attorney, duly licensed by the State of Texas, to be judge of the municipal court. He shall serve at the pleasure of council and shall receive compensation as may be fixed by council. c. 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. State law reference— Municipal court, V.T.C.A., Government Code § 29.001 et seq. 3.05. - City attorney. City council shall appoint a competent attorney, duly licensed by the State of Texas, to be city attorney and head of the department of law. He shall be appointed and removed at the will and pleasure of council by a majority vote of the entire council, and shall receive compensation as may be fixed by council. The city attorney, or other attorneys selected by him with the approval of council, shall represent the city in all litigation, provided that council may retain special counsel. He shall be the legal advisor of, and attorney and counsel for, the city and all offices and departments thereof. ARTICLE IV. - BUDGET [3] (3) State Law reference— Budgets, V.T.C.A., Local Government Code § 102.001 et seq. Availability fproposed budget. • 4.04. - Public record. approved Fiscal year defined. 4.01. - Preparation and submission of budget. At least forty-five (45) days prior to the beginning of each fiscal year, the city manager shall submit to council a proposed budget with required attachments. For such purpose, at such date as he shall La Porte, Texas, Code of Ordinances Page 14 of 33 PARTI-CHARTER CHARTER COMPARATIVE TABLE determine, he shall obtain from the head of each office, department or agency estimates of revenue and expenditures of that office, department or agency, detailed by organization units and character and object of expenditure, and such other supporting data as he may request. In preparing the budget, the city manager shall review the estimates, may hold hearings thereon and may revise the estimates, as he may deem advisable. a. Contents of budget. The budget shall provide a complete financial plan for the fiscal year. It shall contain the following: 1. A consolidated statement of receipts and expenditures for all funds. 2. An analysis of property valuations. 3. An analysis of tax rate. 4. Tax levies and tax collections by years for at least ten (10) years or for a number of years for which records are available. 5. A detailed listing of the resources of each fund. 6. 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. b. Attachments to budget. 1. Budget message. The city manager shall prepare a budget message which shall be submitted with the budget. It shall contain an outline of the proposed financial policies of the city for the fiscal year and describe in connection therewith the important features of the budget plan. It shall set forth the reasons for salient changes from the previous years in expenditures and revenue items and shall explain any major changes in financial policy. 2. Supporting schedules. Attached to the budget shall be such supporting schedules, exhibits and other explanatory material, in respect to both current operations and capital outlays, as the city manager shall believe useful to council. 3. Comparison tables. The city manager may prepare tables in which various items may be compared with those of previous years and shall attach such to the budget. (a) Anticipated revenues. In parallel columns opposite the several items of revenue, there shall be placed the actual amount of such item for the first six (6) months of the current year, the budgeted amount for the current fiscal year, and the proposed amount for the ensuing fiscal year. (b) Proposed expenditures. The proposed expenditures for the administration, La Porte, Texas, Code of Ordinances Page 15 of 33 PARTI-CHARTER CHARTER COMPARATIVE TABLE operation, maintenance and capital outlay of each office, department or agency of the city shall be itemized by character and object. In parallel columns opposite the various items of expenditures, there shall be placed the actual amount of such items of expenditures for the last completed fiscal year, the estimated amount for the current fiscal year and the proposed amount for the ensuing fiscal year. c. Balanced budget. The total estimated expenditures of the general fund and debt service fund shall not exceed the total estimated resources of each fund (prospective income plus cash on hand). I he Glass fiGat�OR of..ri?vei;Rd .... liDeRd Wire... GGcWu tE; shal4 G;foim; aE; a eai'ITll E.; � G i R64u cu;.6 mill aerirn4 is the usnliicu'R; �asswfii iwcR.... E.; IaroirnWgated by the IIWati ORa� I cuinn#ttee. oin IIMk::WuGip .11. .................... ....:.......rrr.......... :........ a a.4y......�........ .....W.rrr.,'.' a....a cu.�w"��uun cu ,.�cuin c�llncu unun�ucw"�unllll un�»Iln� Ilm,.�,.�w�u�»u�tucR. The classification of revenue and expenditure accounts shall conform to the uniform classification as promulgated by the Governmental Accounting Standards Board and Generally Accepted Accounting Principles. 4.02. -Availability of proposed budget. The proposed budget and all attachments shall be a public record in the office of the city secretary, open to public inspection. The city manager shall cause sufficient copies of such to be prepared for distribution to interested persons. 4.03. - Budget adoption. a. Publication of notice of public hearing. At the meeting of city council at which the budget and attachments are submitted, council shall determine the place and time of the public hearing on the budget, and shall cause to be published a notice of the place and time, not less than .E;.cun...-(7.) ten (10) days after date of publication, at which council will hold a public hearing. b. Public hearing. At the time and place so advertised, or at any time and place to which such public hearing shall from time to time be adjourned, city council shall hold a public hearing on the budget as submitted, at which all interested persons shall be given an opportunity to be heard, for or against the estimates or any item thereof. C. Vote required for adoption. The budget shall be adopted by the favorable votes of at least a majority of all members of the whole council. d. Adoption. The budget shall be finally adopted not later than the last day of the fiscal year. Should council take no final action on or prior to such day, the budget as submitted by the city manager shall be deemed to have been finally adopted by council. Upon final adoption, the budget shall be in effect for the fiscal year. 4.04. - Public record. a. Filed. A copy of the budget as finally adopted shall be filed with the city secretary. b. Availability. The final budget shall be printed, mimeographed or otherwise reproduced and sufficient copies shall be made available for the use of offices, departments and agencies, and for the use of interested persons and civic organizations. La Porte, Texas, Code of Ordinances Page 16 of 33 PARTI-CHARTER CHARTER COMPARATIVE TABLE 4.05. - Effect of approved budget. From the effective date of the budget: a. The several amounts stated therein as proposed expenditures shall be and become appropriated to the several objects and purposes therein named. b. The amount stated therein as the amount to be raised by property tax shall constitute a determination of the amount of the levy for the purposes of the city, in the corresponding tax year. 4.06. - Fiscal year defined. The fiscal year of city government shall begin on the first day of October and end on the last day of September of the succeeding calendar year. Such fiscal year shall also constitute the budget and accounting year. State law reference— Fiscal year, authority to establish, V.T.C.A., Local Government Code § 101.022. ARTICLE V. - FINANCE ADMINISTRATION [4] (4) State Law reference— Financial matters, V.T.C.A., Local Government Code § 101.001 et seq. 5.01. - Division of taxation, 5.02. - Purchase procedure. 5.03. - Alterations in 5.04. - Fees shall be p city. 5.06. - Disbursement of funds. 5.07. - Independent audit. 5.01. - Division of taxation. There shall be established in the department of finance a division of taxation, the head of which shall be the city tax assessor -collector. a. Property subject to tax; method of assessment. All real and personal property within the city not expressly exempted by law shall be subject to annual taxation at its true market value. Each person, partnership and corporation owning property within the limits of the city shall ... a... crrra......�.......... a ....... .:......�.......... a..:'.4y— .:.rrr.........�......... a...1 . .:............. �........... :........... .........a...... h ... tax Iln�wn iln �uu,.�i du�� �ww,.�� dm c� Idunu In c� nm�»In ��unu „ Iln�nwnd is ilnn im � c unu.su.�u u.�wn ��c i�uu�. .. .cu:- cll icuIT a llll and...GG'npn ete E;worun ii;veRtoryof tIln.c...InuOpert Vn sseE;s d or GORtrol4ed ay Nn;:, her or hen; liilnoun any d 4wn.4.E.; can Ulna first day cf..J!aR" ::iary Of the GWi'r rn( year, IlR...al4 Gas�e.s of ..4u4wwITan.... tc cliuun a.. 4untw"nwni of uanall awnd nwITnll nwITcnwITl.f.... fiuITcu"n....wn. a6,Ew. .6,E'Y....:— ........... .... a....:....�Y.... ......�..rrr.... .:...a:'ii ...a.... ...�............... ......... a...........�..6, . .�Y.rrr... ,'. ...... ,.�,.��n,.�,.�cu cllnicu ,.�Inu.�IIII u�,.�nu�u.�uun ilnn u.�u"ncu.�un� u.�un s.dl.u:�.c...c�...��u�..In....In.ii:.c.ln.c.ii:.�....wn u�,.�,.��n,.�,.� �Ilnc ,.�u.�u"n as he no4eveE; .to Ila :tau°use �ii;d fW4..-vaWe thereof' u;...E'R:iGin... E;sesE;n;eRL... �Iha4 be aE; va4d aii;d� ...".......:'..........�..rr��r.... ���...rr��r.............. �:..... �:..........�........ � � � � � Ilnwwnduund u�,.� w� ,.�u.�lln inu cinnu � Iln�nd Ilnc.c.iin....ii:.� Fr.��,.d.c.ii:.d Fed....p.��...�.pn.c...c..iin.c.�....�.pn.c.�..d Fcf. on the first day of January render an inventory of property possessed or controlled by him, her, or them to the appraisal La Porte, Texas, Code of Ordinances Page 17 of 33 PARTI-CHARTER CHARTER COMPARATIVE TABLE district as set forth in the Property Tax Code. n.. Board of equal ation...... °i..... Membe ohi. Qty nowwunnwi nwlhaH each... year:, prw oi'to the fi.w:.Ew4 (Jay of Mow'Gh, npinoount.t.lhri?e (( :. rrrr:'d ....rrr.... ..........a.:. .......... a. .:.,Y....�.�y... :.......... a... ......�.."..:.�................................�.:......�.... ....................rrr. :........ u �.F,.auw�own�,.a owllno ow d.F w.wollu�wow� no�ow,.a o,.a �Ilno Ilnoa�u � ou.woiw.o�uoun. �u.wnlln inooww� ,.aina�llll nllnoo,.ao �wow"n uts .membei'shl 1p a GharpersOR:: 'najo14ty of....s4 board shah RE'4k::ite s .worwuin... fuIT the #s.u"6a(#.loR....of....14nw6lli;e6,Y,..... he tax .assen60l'-G4IIeG(er ;nlha4 Iln ex G iio�o E;eGr�.)tai'Y...of the ...Ilno r ...... . :............1 :.�w....... a.... ....�.:....... ....".. ...."Y .:..'............�w.... ......: r.... :'.. rrr............................. ....Syat. '...........a6.......................oin�ow.�aao�wow�. iaou"nllnow,.a o� lino inooww� Ilnwio ,.aownawwn ,.ainollll w�.Fnouno ,.au.wn»in now"nllnown,.aa��uown o,.a nou:wunnull may deen; olpproinwIT ate .... :..................... a°... ............. ti n a 6,, 6,, a . owaw���� o�� w.�o�w��. iun ouou �Ilno� oIIII hnuohnou� w�Ilnwun lino u��� ;.�Ilnii Ilno nm.�..�.n.�.��.o....,.sy....w.iin.�fo.ii..m.p.y as Iinownwnwulbn e, the ....boou4...of w uwaawlluzaton nwlha4 Ilnono the poweii,...aii;d d wt to..... ..�......................... � ....: a ...�.:...:'.......... a.... c........ .......:. r....... a...�.sy6 .6,sy ..... a....c. a. . �o( w�oin� w�.Fw.wia��woin,.a ud.Foww�uin lino inuonow�w.wu�.F o� a�,.a,.ao,.a,.aw"nown� ud.Fnwo (Iln( ....Il ono , 011n...now"nin4inof...inwolp wty o nerE; ...E;seE;sw R!(E'....for the Iaur ose of taxa(liOR ... a........ a.......: r. .....a .............. .c."'Y.......�........:....... .... a.... ...........ad a6,ly. .,Y.rrr.....c—........ :........ o� ino�in w�.Foi oun Ilnou,.aounoi Ilnwollnow��� w�llnuun lino nu��� uinuwwo Iln �Ilno o,.a,.ao,.a,.aou n»ollllon�ow. n( ....II nnuniRe ..owed, uf... n000wnwnwaFy:,.... uevose tIln.e.. awE;senE.;w"w eRt reto sine .. by ...the .t.ax :....a...........a ........:. ........... a.....6 a... a.... .......... .:..... owns a�,.a Ilnud.Fnwow.w,.ai� ,.ao� ink lino inoa�ww�. ((.... uinlii;E;ter oo(lhE;:, oho eE'4uuinony, h4d hoou wRgE; and GG nlpeo the pi'()d GtJoR of ollll noollnEa doouwnnei#E; nww"w ....other ..Ipapei's IaeFtt Rei# to the unves wgat oO Gw of the to a t llo vaWes. ... a... ........ rrr..............a'.:.............:............:........:.� a".............av:ll............:....... ...."...........P...c.....�... .c....... a..:'........a.... : ....: ....:'arrr....... a o� a�un inow,.aown, �wu u"n ow now Ilnow a.w�wow"w inonuun ow oowunwwn inu oinou� u�inuun lino n»ou inou oho Iluu"nu�,.a o� the Gkf subjec# to taxatlioun .... .."°. ,......�........:.....a.......... a......... ......a,,'Y r. .,Y.,'......:.......,y......a.............hav a.... a a....:.... ......... a......... a.... ..... a (o( aou�w� w�,.a a�llnllnwonoll o� lino a�,.a,.ao,.a,.aw"nown� wollll,.a ownw� Ilnono �inow"n wd.F�w.wuunow� �o lino �a�n aGGn enwnaou'-G4llontor, uu nlun°dnavwawteny wwlnon G'nin eto oi; of the Ilaeai' "wnw wow®in..... Wllnlinin u000rd nwlha4 Ilno nwvnwwinwlbne fowIT...inwwllnllun linspeG wou; ::....... .. .:::. ...........:..:: G :....:: n.:.........:....:.... .sail ............. ............� ...............:'.....�....�.. ,w....:.... o � ww.a woow ��� �.� owe w�o�ww.ao �o owaw�w��w. � lino ,.aa�u"no u"noo�uun �Ilno� n»w� nou.wwnnui oininouun�,.a lino lnoaiiwd of eq. ::olluzaton, 4 wnwinollll by o4ounnnoo fin the tui no of the fwwE'4 'neetung of the Ilnoall'd WNGh wnwinollll Ilno on the teRtn (Jay of ll"May, oil, aEw nwoon hell'eafteIT..nwnw praGtwnollnioAfter naawnlln fwrE'4 u'neetun .,. the ...board ..may ..ii:E.wnononw"wo and adjoawrR frouin (uu�no to time:, and aE; iORg t.Ilnou�woftei' oE.;....w"w may be un. .n. 6, . .w:.... ,.n. .11.11 n.oa.u:.un.wJ d.otonw.n. �no no.".n.n.lu'.unt of aRy n. s o.n w".n :�.F.W.wo.w �to the o.n.G�nnwnww"nownt wITollll..,.. appearRg on the i sts or Ilnookwnw of the aE;sess0wIT-nol4nntow , 4 Eaiqnllll, after havn ng onnww"w"w Re Eausnlh ,y.,y....a.....................:.,'....a...................c.: r.... a. ........�...... c.....:.,, ....a... aF a.... :. :'..........a ....'........c....... .......�.......�............. 6,1'y.......�....... Ilu,.a�,.a owns inoo�,.a oun nou w�.Fn�o a.wii ow a ow,.a ollninoow wwn �inow d.Fuin„ ow��ou.ww wn �o o a.w�� uno� io,.a,.a �Ilnown noun (10) nor u'nouo than fifteeun (15) days...froun the dodo of a jjowwFl;R;ont and wnwinollll naaww:i.Ea.o thn...nonu�.?ta y of...s4d Ilnoaii'd to.. ono...wrkt� .wn....notwno. to the owner of nwu:wnlln pll'opei't ....oi to the VnnwsOR w-endewITlin wnwnnno of the tome o annlhnGh nao d Ilnoai'd has ....adjoawmed:, andthat ; awnh....owner ou Ino.w:Eaow"w w..eRdewIT n . :'...........:....... :.... ...........rrr....... ........ ....rrr. :'...........:....... .:........ .............. ,.aa 4 Ilnwollnowt�� u'n m a that tonne appeow oun ,.alhOW Ga w6e why lino na�lWe of ,.'44 Ilnwollnowt ,.ainoa. (J not...11no wITo.li.E;ed:: Cwwnin no(uno may in.o.wnaowned ink" w nlinonkl R the wnwnuno, pi'opei4y.o u�wna.se , nnw ln'o.'ntaaw Waal , uun...the n�k( VnDOSt,..OffiGo..,,....., b. Payment of taxes. La Porte, Texas, Code of Ordinances Page 18 of 33 PARTI-CHARTER CHARTER COMPARATIVE TABLE 1. When due and payable. All taxes due the city shall be payable at the office of the assessor -collector and may be paid at any time after the tax rolls for the year have been completed and approved, which shall be not later than October il.rE'4 15. Taxes shall be paid before February first 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 G4Y ncu:wnnull u may I�naro m de provided by 4ounsnnn the Texas Property Tax Code. 2. Tax liens. The tax levied by the city is hereby declared to be a lien, charge or encumbrance upon the property upon which tax is due, which lien, charge or encumbrance the city is entitled to enforce and foreclose in any court having jurisdiction over the same, and the lien, charge and encumbrance on the property in favor of the city, for the amount of taxes, penalties and interest due on such property, is such as to give the state courts jurisdiction to enforce and foreclose said lien on the property on which the taxes, penalties and interest is due, not only as against any resident of this state or person whose residence is unknown, but also as against nonresidents. All taxes upon real estate shall especially be a lien and a charge upon the property upon which the taxes, penalties and interest are due, which lien may be foreclosed in any court having jurisdiction. Editor's note— The references in this section to board of equalization are obsolete as city ad valorem taxes are assessed and collected pursuant to V.T.C.A., Tax Code § 6.01 et seq. 5.02. - Purchase procedure. 4 Ii uswIT haE;e ....made.... all G0Rtra tm; exeGHted bvthe G4YE;hallll Inc Ii ususwaRt to sfroirn the head of :....: �.:...........:.......:...a................. ........,w. �.�.......:.......:: :........... :......... �....... aFg...........................:.:.... Inn c��unmm, m�nllnmw�w"ncwn� cw mgmmwnn nminc,.�n nlnllnuclnu un�ucwn ulll Inn nlln�wwngn n»Inwwgnw�, �wun wnc ncwn�w�wn»t OF cwdnw wn;han 111 be Ilnww1411nq wwlncun the .6tv wwnlleE;s and wwunN the 6tv w" aRagcr or Inwn.desm gRee mini-ovmmn...the .name and el'# es that there ...limw tc the nw..ENJ4 cf...SUGh ...C)ffiG ,.... clammwut....cu ageR y....a GWf i en a R611 Gk:flinll eru :Fr. �.......c........:: F..........�...........a. k ..... ... a.......... a..... a....c... 'Syk4 ......:'. .rrr.........;a .:: ..� ....... ......:'........ .. a.c�......... .....sy .c.:.... .6 nlnlnu crow un�wcun mwn mllciuinw"ui Iln�wl�wunn»n �c Ilnn�� �cu �Ilnc ,.�w.wlnllnllumm,.�, w"n�w�nw umll,.�, mmu.wullnw"nmmwn� cw n»cwn�wmn»�w.w�nll ,.gnu mmun»n,.� for nnlhn Gh the ...ncntu®nwnt 01' 01'd i, wn... o IlnmE.�efore tIlnmw....6ty may eRteIT uinto ncntwsn( Ulan req wwreE;...an nnlinnnw l4wwuE.w .of w" orw:) than...five :thousand doHai,E; ( ,000,40) Afty thousand....dcIlllai's ( 0,000) or m4ate R:w awuu w"w eRt:,... NGIhever umw...qu )ateIT th u v R;HGt GOirnplyHell th..lnucGusu :w Iin.il-eGGIT bed ay V i w) nwll Gcnmmw wnu"nnunt Gode 401 etse97 f0F ncu"nllnmmtulwvn 6mmmind Ilnuddwwnq OF ncu"nllnntulwvn 6mmmind Inu clnc,.46. II Inmm G4Y may wwmwc....the GOirnpetkve sealed .InwITopossllmw Iar0Ged 1'e cu"wl.v foii, Nglh (ee;1 0k)g P1'() Gawrei n RtG i wIT� Ilnw.wwn»Ina,.yn cfgccmJ6 cw ,.Ynummun»n6, 4n4.44u11nq Ilnwgln tnnlnuncicqv Inw0nw.11R.Fw"ncwnt6 and uun6u.wuawnn»n. GOHIRGu4 may Ilny :...:'....a........ a ....... a.... ...a .... .:......... .... cam...... ... a........c' ...... .................. : ...............:..... :xp : �.rrr..... a.......... a.... a....:...... .: cwuunmwnnn ncun�nw w.wllncwn Inn n»w� u"n�wunwgnu gnwnnwnll �nw.w�lncuu��� �c ncun�unn� �cu nnlnnnw�w�u.wud.F,.� mmwu�lncu.w� �u.ww�llncu ppii,cnsl Of ncawu"wnull....!for au::idgeted w ems i... nmwee(JR1g eve fifty....thon :iE;and cIIllai's ( 0,000.00(....cu state R:?gWuFeR eRt:,..nm4unFu n l' w;n....gFea ei' IIII ncwutw n(mw for ....nnlinn wmdkk:11R:?G ww"unclln Rg morc :.) than !five fiy ho wsaR (" ( 5 V ....a V ....mcawnnlill. III Inn cllnuITmw.... ��,�����.�.�.��.�.., nmll�wwnll�wnnnwIT...w; w..�Frn�mmuIT, w"nuwm�� Ilan mmnnwITm���nll. �wnnuITcnmm wwn....nm�nnunmwmm In ........... alFv ,. ....".............:. e......"F ...... �........ rrr..... a... .. a:.�.... a....... h : ... rrr a........ .....a ........ h n»cu"nlnn�w�wm�n ,.�n�nllmmm� Ilnuw�m�wwnq w d.Fu.www d.Fu"n�mun� nllnllnlwn,.� �c Inn n»cun�u mn�, Inn ncun�u �wn� w"nw.w,.�� Inn nnww�mm �c Inn oweE'4 reE;poi;.mwwlnlln Ilawdder.cu beE4 vak:i ....as VnreGn G14bed by I mall Goveu nwn e nt G Ode § 043, .e o.......... .............:......."....................... .. .rrr.... ........ ...:'..... ... :. ... a....:... r:'. n . cw.su"wnwl cw Inn Gkv u" ai;agnu , wn "AlGh n»�n,. o6 as Ilnc u,. a wtllncw w .n �c ncn�w aGnt �cw the nw� , may w �:Fll mnt aRv ..........a........:....w........ ,,w.�..,w....: r..........w nwn nII Inuw�,.�. I� �In ncw"nllnn�w�unn ,.�nnll Ilnuclnc,.�nll,.� w�.Fw.www�.Fw"nwn� nllnhnlwn,.� �c Inn ncun�unn�..,...�.Iln.c...nc.un�.ii:.s.n„�....w"n.ww.���....lc awarded to the uR.Fnl�ncwnnullnlmm cffmmuITcwIT nnllncnmm nuITcnc,4l...l.n dmmtmmw=w"nuunnd..tc Ilnn.thn u"ncs4 advantageous tc.tlnmm tv nii�. cunm�w(Jel'R1g the uen al ve uuinpoi#nwwmnn cf...lnu umwmm...and the othei:...mmvakialJO R faGtorE; IRGk:ided in the w�.)us mwt i wIT nwIToposnmllmw. GOWR64 Ilay c4iunannc....may R1Grea.mw.c the dive fifty..thon :iE;and cII ai, ( 0,000.00) 4w"n4atk)n hnu..e41 arovwded tc ncun#c1FR;.to s wbsegm wcunt R1Gii,easeE; awthoi,lzed ay state ...11nw . GontraGtG for ..profe.mw.mwucw"unwll....nnu°nunc6 for WinliGh Ilnw 4ounq .:ii.6w VnwITclln4n4ed....11ay .state Ilnaw nlhaH not ...be Ilnet OR ncwnlne#tt Vc NdS:: II 2wIT0mww11eR;e1 . of �.:........" cam .........:.... ......:R ::'..........,'. rrr....'�Gq ...........:'.ii;..�............:....a........ a.... ....' �.:... a .��.�Y........a......... .c.:'.... .rrr....' �.:..........:. r...... ... mwnllnw�mmn»�w.wwmll cu nwnquunncwuunq ,.�nummun»n,.� ,.�In�nllll Inn uun mnncwmunnmm mmww�lln Inn II wc�n,.�,.�wcw"umll �nummun»n,.� II wcn»w.wu�.Fw"ncun� ...... ....a.:'... �......... c..... "'."............. a...".rrr...."Y l ..........�...........syta .....a .......syt a .....6r.;�....... ii. �.. .".......... n»�. Ilwn �Iln�m nnnwn� c� n»cun�lun»� Inmm�ncun nun�� Inu cnu,.�wcu"w c� �Inw,.� ,.�nn�wcun wun ,.���w�n I�w, ,.��m�n Ilm ,.�Ilnmll Ilnu d.Fm�nwl. La Porte, Texas, Code of Ordinances Page 19 of 33 PARTI-CHARTER CHARTER COMPARATIVE TABLE ;)rd, IWo `I 71, 2 4 -90/L -901 Q...) 4 No, ..1 ,..§ `I:� - 7 0,,Ord:: No:: 1700, 7-90).... Editor's note— The city has exercised the option under V.T.C.A., Local Government Code § 252.002 to have the requirements in V.T.C.A., Local Government Code § 252.021 which increased the requirements for competitive sealed bids or proposals to expenditures of more than $15,000.00. Code cross reference —Purchases and contracts, § 2-82 State law reference— Purchases, V.T.C.A., Local Government Code § 252.001 et seq. All purchases made and contracts executed by the city shall be pursuant to a requisition from the head of the office, department or agency whose appropriation will be charged, and no contract or order shall be binding upon the city unless and until the city manager certifies that there is to the credit of such office, department or agency a sufficient unencumbered appropriation and allotment balance to pay for the supplies, materials, equipment, or contractual services for which the contract or order is issued. All purchases made and contracts executed by the city shall 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. 5.03. - Alterations in contracts. mmGep!(..lium Gase of emewITgeRGm ( fteratcum.m.; wR aRY Gcwm uIT t wmc( is eXGeed tweRty-five (L) V erGe mi cf..the tc)4l .c.um.:a..# may II.made .h..um a.us...thc:.Z.d II.......us.m...wU.ic.um.WFkti.?.um . e.c.w..w..o.m.d.a�um� i� i w..a.um.a.q..u:.,. .. F .... that....rr��r..............�. � a...........:'.����y....a........ .... a.�...... .......� ....�:........�.:...�....��a......��a.... � .. a�c�....���a....,.�V ��. Ilwcwmm ,.�u.�llm I��mwu�iwcum u,.� Iliu�llllmm � �Il��m cill�cu Ilu�w��� is il�n�m �»cwmiwmi. .F ,... hsum ...u,.; fcu:...sum airnGWRt not mwIT�.F thwm...fimm ihcwwmd dcIlllswIT ..,,00040y awthorwze...ihGlii. umaumagei is approve SUGh....akerat&;G,.... Procedures for making change orders or alterations in contracts shall be governed by the provisions established in V.T.C.A. Texas Local Government Code for municipal purchasing. 5.04. - Fees shall be paid to city. All fees for city services received by any officer or employee shall belong to the city government and shall be paid to the department of finance at such times as required by the director of the finance department. 5.05. - Borrowing. a. Negotiable notes. In any fiscal year, city council may by resolution authorize borrowing by the issuance and sale of negotiable notes of the city which shall mature and be payable not later than the end of the fiscal year in which the original notes have been issued. All such notes may be sold at not less than par and accrued interest at private sale by the director of the finance department without previous advertisement, but such sale shall be authorized by council. Such notes shall be in anticipation of either of the following: 1. Property taxes. Notes authorized in anticipation of the collection of property taxes in a fiscal year shall be designated "tax anticipation note for the year (stating the fiscal year). La Porte, Texas, Code of Ordinances Page 20 of 33 PARTI-CHARTER CHARTER COMPARATIVE TABLE 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. ..... o u?Pen m on...bond... �&ianGe, l lln b0l;d 0114Raun Vn .n.E; VDu:*E'uianyis s .Iiau::ir ose Wlhn Gh ..�..rrr........ .. a. .............a. ... a... a.... ........ :.�y....... a... a.... �.....a....... ....:'............rrr....�............ Syk:... ... Ilnu�,.� Ilncwn unu.�ilncw w. lny,� u"numycw wyy,� icy cy iln �cyw,.� cy iln n»wyy,� uny gun ln»yucwn ,.�Ilnmll uncy Iln ,.�u.slln�lny is ui?f r��? nd usu'n E aG ll; bo nd crdliii a R Ge r��? ll atli ng to Il cDORd. u;ct a u::ith o 4zed IIay th 9 us a ll li fied vote E; of h e G liiy ,.ylnmllll be 6Ulnyunn»y is lnu 4u6,.;Wcwn lniwyucwn lnu.1u6wmwny is the lnu cvu,.Ywcun of AlFtGl0 III cy ilnw6 ...a .:.. :.............. rrr......a.... ....,Y....aF ....a a.......c.R. rrr...... .... c....�....�......: ....�y. made ,"y6�.:.....�.�y... h : rrrr.... .... ... .: r lnmuyu „ u.sunll,.�,.� iln Ilncwn,.� mw d.F u.�u.�ilncw w. ,.�cllly,� ycu u.� lnu.su lnc,.�un w"nn wnn»un,.�,.�mw y� m,.� iln a �.F,.�u.�Ily cy yww�.F„ !flood cr..cyllnnr dwsas4er, oi, the Ilncn E; ai,�)....to be lsswedtofinaRGe the w"nlprovei ent cwIT.... xy nnucwn of a uinu111nw6olpa4y OWRed 011:...0Vaera a t44y cr.othei, IinaulnlluG...6�.eFVjGe ntei,x u6�c,,.... ,3:: PubgG sale ofall bonds,Inc llDOR(JS..li.E;swed..k:lRdeIT..yhs IhaFtcuIT....E.;hau 11 be so4J 4thout ywi,E4...offei'liing he E; uinc at lnUlln4n-s4e, NGtGc cy...E'ulGln...s4e sha4 be g.q ii; Ilay linaul li stOR at Ilnsny can c uun a iiun wnnl4 ycu:uwIT a"u pwb4shed inthe State of exas and by...linaulbnl Ga wcwn...at IeaE'4..cwnGc...liin the...ofA64...RewE;pape of a.... ............... �.,........................:.. ate. .........rrr.... ........... .........a .... .......... a..... ."'Y.rrr........a....... a...............:..........ay'sy.......:. o11..... a........ a.... ate ......sy a........c iln nuiy�, lncylln cy ,.�u.snlln Ilnu.�lnllun»u�yucwn,.� yc In w"nn unci lun,.�,.� yllnwn iun ('lyy� my�,.� Ilnw wcu is iln ,.�uni ycu E'u lGh s4lc 5.06. - Disbursement of funds. All checks, vouchers or warrants for the withdrawal of funds from the city depository shall be executed in accord with the provisions of this Charter and shall be signed by the city manager or his deputy and counter -signed by a member of city council. 5.07. - Independent audit. Prior to the end of each fiscal year, council shall designate a practicing certified public accountant, who is licensed by the State of Texas, to make an independent audit of accounts and other evidences of financial transactions of the city government and shall submit a report to council. 1.cyii..c....Sy.ln.u.11ll....lc...q.l..c.R....14ny$ nuflnllu syucw"u inthe cyylinw 11 ncWnlpapei, wR the Gkyfthat the sw"uw wau wd wn OR Pe at the nliiyf haIII...f011' wRE'lP tc)R. Notice shall be given in accordance with state law, if required. Such accountant shall have no personal interest, direct or indirect, in the fiscal affairs of the city government. He shall not maintain any accounts or records of the city business, but, within specifications approved by council, shall post -audit the books and documents kept by the department of finance and any separate or subordinate accounts kept by any other office, department or agency of the city government. The annual financial statement, including auditor's opinion on the statement, shall be filed in the office of the municipal secretary within 180 days after the last day of the municipality's fiscal year. The finance statement is a public record. State law reference— Audit, V.T.C.A., Local Government Code § 103.001 et seq. La Porte, Texas, Code of Ordinances Page 21 of 33 PARTI-CHARTER CHARTER COMPARATIVE TABLE 5.08. - Appropriations lapse at end of year. All appropriations shall lapse at the end of the budget year to the extent that they shall not have been expended or lawfully encumbered. ARTICLE VI. - INITIATIVE, REFERENDUM AND RECALL 6.01. - Power of initiative. 6.02. - Power of referendum. 6.03. - Procedure for initiative or referendum petition. 6.04. - Consideration of referendum or initiative b council. 6.05. - Election on referendum or initiative. 6.06. - Amendment of initiative or referendum ordinances. 6.07. - Power of recall. 6.08. - Procedure for recall petition. 6.09. - Recall election. 6.10. - District judge may order election. 6.01. - Power of initiative. The el,&Gtefs quaflfied voterrs shall have the power to propose any ordinance except an ordinance appropriating money or authorizing the levy of taxes, and to adopt or reject the same at the polls, such power known as the initiative. 6.02. - Power of referendum. The eIeGtOii's 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 a .FG:. r& qualified voters, except as provided in section 5.05, such power being known as the referendum. Ordinances submitted to council by initiative petition and passed by council without change shall be subject to the referendum in the same manner as the other ordinances. 6.03. - Procedure for initiative or referendum petition. a. Form of petition. Text. Initiative petition papers shall contain the full text of the proposed ordinance. 2. Signatures. (a) The signatures to initiative or referendum petitions need not all be appended to one paper, but to each separate petition there shall be attached a statement of the circulator thereof as provided by this section. Each signer of any petition paper shall sign his name in ink or indelible pencil and shall indicate after his name his place of residence by street and number, or other description sufficient to identify the place. (b) The petition shall be signed by qualified eIeGt011's 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. 3. Circulators. There shall appear on each petition the names and addresses of five (5) e� La Porte, Texas, Code of Ordinances Page 22 of 33 PARTI-CHARTER CHARTER COMPARATIVE TABLE qualified voters, who, as circulators, shall be regarded as responsible for the circulation and filing of the petition. 4. Affidavit. Attached to each separate petition paper there shall be an affidavit of the circulator thereof that he, and he only, personally circulated the foregoing paper, that it bears a stated number of signatures, that all signatures appended thereto were made in his presence, and that he believes them to be genuine signatures of the persons whose names they purport to be. b. Submission of petition. 1. Filing. All petition papers comprising an initiative or referendum petition shall be assembled and filed with the city secretary as one instrument. 2. Examination. Within twenty (20) days after a petition is filed, the city secretary shall determine whether each paper of the petition has a proper statement of the circulator and whether the petition is signed by a sufficient number of qualified eIeGtOFG voters. The city secretary shall declare any petition paper entirely invalid which does not have attached thereto an affidavit signed by the circulator thereof. If a petition paper is found to be signed by more persons than the number of signatures certified by the circulator, the last signatures in excess of the number certified shall be disregarded. If a petition paper is found to be signed by fewer persons than the number certified, the signatures present shall be accepted unless void on other grounds. 3. Certification. (a) Procedure. After completing his examination of the petition, the city secretary shall certify the result thereof to city council at its next regular meeting. If he shall certify that the petition is insufficient, he shall set forth in his certificate the particulars in which it is defective and shall at once notify the circulators of his findings. (b) Effect. When a referendum petition or amended petition has been certified as sufficient by the city secretary, the ordinance specified in the petition shall not go into effect, or further action thereunder shall be suspended if it shall have gone into effect, until and unless approved by the electors, as hereinafter provided. c. Amendment of petition. An initiative or referendum petition may be amended at any time within ten (10) days after the notification of insufficiency has been sent by the city secretary, by filing a supplementary petition upon additional papers signed and filed as provided in case of an original petition. The city secretary shall, within five (5) days after such an amendment is filed, make examination of the amended petition and, if the petition be still insufficient, he shall file his certificate to that effect in his office and notify the circulators of his findings and no further action shall be had on such insufficient petition. d. Refiling not prejudiced. The finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose. 6.04. - Consideration of referendum or initiative by council. Whenever city council receives a certified initiative or referendum petition from the city secretary, it shall proceed at once to consider such petition and shall take final action on it within sixty (60) days after the date on which it was submitted to council. a. Initiative. A proposed initiative ordinance shall be read and provision made for a public hearing on such before the time set for final action. La Porte, Texas, Code of Ordinances Page 23 of 33 PARTI-CHARTER CHARTER COMPARATIVE TABLE b. Referendum. A referred ordinance shall be considered by council and its final vote upon such reconsideration shall be upon the question, "Shall the ordinance in the referendum petition be repealed?" 6.05. - Election on referendum or initiative. a. Submission to eleGtopo qualified voters. If council shall fail to pass an ordinance proposed by initiative petition or shall pass it in a form different from that set forth in the petition therefor, or if council fails to repeal a referred ordinance, the proposed or referred ordinance shall be submitted to the of .F t r& qualified voters on the next election day as established by the laws of the State of Texas. Council may, in its discretion, and if no regular election is to be held on such day shall, provide for a special election. b. Form of ballot. Ordinances submitted to vote of electors in accordance with this article shall be submitted by ballot title, which shall be prepared in all cases by the city attorney. The ballot title may be different from the legal title of any such initiated or referred ordinance and shall be a clear, concise statement, without argument or prejudice, descriptive of the substance of such ordinance. Below the ballot title shall appear the following propositions, one preceding the other, in the order indicated: "FOR THE ORDINANCE" and "AGAINST THE ORDINANCE." Any number of ordinances may be voted on at the same election and may be submitted on the same ballot, but any paper ballot used for voting thereon shall be for that purpose only. C. Results. If a majority of the oloio.o-:s...... qualified voters voting on a proposed initiative ordinance shall vote in favor thereof, it shall thereupon be an ordinance of the city. A referred ordinance which is not approved by a majority of the electors voting thereon shall thereupon be deemed repealed. If conflicting ordinances are approved by the electors at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. 6.06. - Amendment of initiative or referendum ordinances. Initiative and referendum ordinances adopted or approved by the electors shall be published, and may be amended or repealed by council, as in the case of other ordinances. 6.07. - Power of recall. The mayor or any councilperson may be removed from office by recall. No recall petition shall be filed against the mayor or a councilperson within six (6) months after he takes office nor in respect to an officer subjected to a recall election and not removed thereby, until at least six (6) months after such election. 6.08. - Procedure for recall petition. a. Affidavit. Any o.peGto.u: 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. b. Petition blanks. Upon receipt of said affidavit, the city secretary shall deliver to said oloioo-= qualified voter copies of petition blanks demanding such removal. The city secretary shall keep a sufficient number of printed petition blanks on hand for distribution. Such blanks when issued shall: 1. Be signed by the city secretary La Porte, Texas, Code of Ordinances Page 24 of 33 PARTI-CHARTER CHARTER COMPARATIVE TABLE 2. Be addressed to city council. 3. Be numbered and dated. 4. Indicate the name of the person to whom issued. 5. Indicate the name of the officer whose removal is sought. 6. Indicate the number of such blanks issued. The city secretary shall enter in a record to be kept in his office the name of the o.peGto.u: qualified voter to whom the petition blanks were issued and the number issued to said person. C. Return of petition. To be effective, the recall petition must: 1. Be signed by qualified oloo(011' 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, and at least one-half of the qualified voters constituting such fifty (50) percent signing the petition shall make affidavit, to be filed with the petition, to the effect that they voted for the person whose recall is sought, in the election at which he was last elected. 2. Be returned and filed with the city secretary within thirty (30) days after the filing of the affidavit required in section 6.08a. 6.09. - Recall election. a. Submission. The city secretary shall at once examine the recall petition and, if he finds it sufficient and in compliance with the provisions of this article, he shall within five (5) days submit it to city council with his certificate to that effect and notify the officer sought to be recalled of such action. If the officer whose removal is sought does not resign within five (5) days after such notice, council shall thereupon order and fix a date for holding a recall election. Any such election shall be held at the next election day as established by the laws of the State of Texas. b. Ballots. Ballots used at recall elections shall conform to the following requirements: 1. With respect to each person whose removal is sought the question shall be submitted "Shall (name of person) be removed from the office of (name of office) by recall?" 2. Immediately below each such question there shall be printed the two (2) following propositions, one above the other, in the order indicated: "For the recall of (name of person)" "Against the recall of (name of person)." C. Results. If a majority of the votes cast at a recall election shall be against the recall of the officer named on the ballot, he shall continue in office for the remainder of his unexpired term, subject to recall as before. If a majority of the votes at such an election be for the recall of the officer named on the ballot, he shall, regardless of any technical defects in the recall petition, be deemed removed from office and the vacancy shall be filled as in other vacancies. La Porte, Texas, Code of Ordinances Page 25 of 33 PARTI-CHARTER CHARTER COMPARATIVE TABLE 6.10. - District judge may order election. Should city council fail or refuse to order any of the elections as provided for in this article, when all the requirements for such election have been complied with by the petitioning electors in conformity with this article of the Charter, then it shall be the duty of any one of the district judges of Harris County, Texas, upon proper application being made therefor, to order such elections and to enforce the carrying into effect of the provisions of this article of the Charter. ARTICLE VII. - FRANCHISES AND PUBLIC UTILITIES [5] (5) State Law reference— Franchises, Vernon's Ann. Civ. St. art. 1175; franchise to use streets, V.T.C.A., Transportation Code § 311.071 et seq. 7.01. - Enfranchisement. 7.02. - Regulation. 7.03. - Franchise records. 7.04. - Accounts of municipality -owned utilities. 7.05. - Franchise value disallowed. 7.06. - Consent of property owners. 7.01. - Enfranchisement. a. Power of council. City council shall have power by ordinance to grant, amend, renew and extend all franchises of all public utilities of every character operating within the city. All ordinances granting, amending, renewing or extending franchises for public utilities shall not be finally passed until thirty (30) days after the first reading; and no such ordinance shall take effect until sixty (60) days after its final passage; and pending such time, the notice and caption of such ordinance, noting the place where the full text may be examined by the public, shall be published once each week for four (4) consecutive weeks in the official newspaper of the city, and the expense of such publication [is] to be borne by the proponent of the franchise. No public utility franchise shall be transferable except with the approval of council expressed by ordinance. b. Extensions. All extensions of public utilities within the city limits shall become a part of the aggregate property of the public utilities, shall be operated as such, and shall be subject to all the obligations and reserved rights contained in this Charter and in any original grant hereafter made. The right to use and maintain any extension shall terminate with the original grant and shall be terminable as provided in section 7.02a. In case of an extension of a public utility operated under a franchise hereafter granted, such right shall be terminable at the same time and under the same conditions as the original grant. C. Other conditions. All franchises heretofore granted are recognized as contracts between the city and the grantee, and the contractual right as contained in any such franchises shall not be impaired by the provisions of this Charter, except that the power of the city to exercise the right of eminent domain in the acquisition of any utility property is in all things reserved, and except the general power of the city heretofore existing and herein provided for to regulate the rates and services of the grantee which shall include the right to require proper and adequate extension of plant and service and the maintenance of the plant and fixtures at the highest reasonable standard of efficiency. La Porte, Texas, Code of Ordinances Page 26 of 33 PARTI-CHARTER CHARTER COMPARATIVE TABLE Every public utility franchise hereafter granted shall be held subject to all the terms and conditions contained in the various sections of this article whether or not such terms are specifically mentioned in the franchise. When the city chooses to exercise its power of eminent domain to acquire any public utility, the procedure .:'.,,. ......... ".:'..........:a a.... .rrr........ :: :.:�..rrr........ ..c..:'..... .,'....."�.".... to be used m such acquisition shall be as set forth m I��u,.� wall ��miu.s�,.� c� i u�,.�„ u�u�»I,.� �3 through 7.4 V.T.C.A., Property Code §§ 21.011 to 21.065, inclusive. In valuing the property, the measure of damages shall be the fair market value of the physical properties taken together as one system. This power shall be in addition to and cumulative of any other powers of acquisition granted to or reserved by the city in a franchise ordinance. Prior to the purchase of any existing franchised utility system, either according to the terms of the franchise or by eminent domain, city council shall submit the question of purchase to the qualified voters of the city, and such must be approved by a majority of those voting. Nothing in this Charter shall operate to limit in any way, as specifically stated, the discretion of council or the electors of the city in imposing terms and conditions as may be reasonable in connection with any franchise grant. 7.02. - Regulation. a. Right of regulation. All grants, renewals, extensions or amendments of public utility franchises, whether it be so provided in the ordinance or not, shall be subject to the right of the city: 1. To repeal the same by ordinance at any time for failure to begin construction or operation within the time prescribed or otherwise to comply with the terms of the franchise, such power to be exercised only after due notice and hearing. 2. To require an adequate extension of plant and service, and the maintenance of the plant and fixtures at the highest reasonable standard of efficiency. 3. To establish reasonable standards of service and quality of products and prevent unjust discrimination in service of rates. 4. To prescribe the form of accounts kept by such utility. If the franchise does not prescribe the form of accounts kept by a utility, then it shall keep its accounts in accordance with the utility system of accounts for said utility prescribed by the appropriate state and federal utility regulatory agencies. 5. To examine and audit the accounts and other records of any such utility at any time and to require annual and other reports, including reports on local operations by each such public utility. 6. To impose such reasonable regulations and restrictions as may be deemed desirable or conducive to the safety, welfare and accommodation of the public. 7. To at any time require such compensation and rental as may be permitted by the laws of the State of Texas. b. Regulation of rates and service. Council shall have full power, after due notice and hearing, to regulate by ordinance the rates and service of every public utility operating within the city. Such power shall be subject to the exercise of power in each area of each utility by the appropriate agencies of state and federal government. La Porte, Texas, Code of Ordinances Page 27 of 33 PARTI-CHARTER CHARTER COMPARATIVE TABLE 7.03. - Franchise records. Within six (6) months after this Charter takes effect, every public utility and every owner of a public utility franchise shall file with the city, as may be prescribed by ordinance, certified copies of all franchises owned or claimed, or under which such utility is operated in the city. The city shall compile and maintain a public record of public utility franchises. 7.04. -Accounts of municipality -owned utilities. Accounts shall be kept for each public utility owned or operated by the city, in such manner as to show the true and complete financial results of such city ownership and operation, including all assets, appropriately subdivided into different classes, all liabilities subdivided by classes, depreciation, reserve, other reserves and surplus, also revenues, operating expenses, including depreciation, interest payments, rental and other disposition of annual income. The accounts shall show the actual capital cost to the city of each public utility owned, also the cost of all extensions, additions and improvements, and the source of the funds expended for such capital purposes. They shall show as nearly as possible the cost of any service furnished to or rendered by any such utility to any other city or governmental department. City council shall annually cause to be made by a licensed certified public accountant and shall publish a report showing the financial results of such city ownership and operation, giving the information specified in this section or such data as council shall deem expedient, in accordance with section 5.08. 7.05. - Franchise value disallowed. The value of the franchise granted by the city shall not be included in fixing reasonable rates and charges for utility service within the city or in determining the just compensation to be paid by the city for public utility property which may be acquired by eminent domain or otherwise. 7.06. - Consent of property owners. The consent of abutting and adjacent property owners shall not be required for the construction, extension, maintenance or operation of any public utility; but nothing in this Charter or in any franchise granted thereunder shall be construed to deprive any such property owner of any rights of action for damage or injury to his property as now or hereafter provided by law. ARTICLE VIII. - GENERAL PROVISIONS 8.01. - Publicity of records. 8.02. - Employers and officers. 8.03. - Assignment, execution and garnishment of city property. 8.04. - City not required to give security or execute bond. 8.05. - Effect of this Charter on existing law. 8.06. - Amending this Charter. 8.07. - Severability clause. 8.08. - References to laws. 8.09. - Approval of this Charter. 8.10. - Provisions for transition. La Porte, Texas, Code of Ordinances Page 28 of 33 PARTI-CHARTER CHARTER COMPARATIVE TABLE 8.01. - Publicity of records. All records and accounts of every office, department or agency of the city shall be open to inspection by any person, any representative of a citizen's organization or any representative of the press during normal business hours, as provided in the Il exaE; Open l eGG,dn.... Gt, : II .., Goveinn;eRt Gode Texas Public Information Act, V.T.C.A., Government Code § 552.001 et seq. State law reference— Public records act, V.T.C.A., Government Code § 552.001 et seq 8.02. - Employers and officers. a. Personal financial interest. No member of city council or any officer or employee of the city shall have a financial interest, direct or indirect or by reason of ownership of stock in any corporation, in any contract or in the sale to the city, or to a contractor supplying the city, of any lands or rights of interests in any land, material, supplies or service. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee of the city found guilty thereof shall thereby forfeit his office or position. Any violation of this section with the knowledge expressed or implied of the person or corporation contracting with the city shall render the contract voidable by council. b. Employment interest. No one who has been elected to city office shall be employed in a nonelective office by the city within the term for which he was elected or for one year thereafter. C. Nepotism. No person related, within the second degree by affinity or within the third degree by consanguinity, to the mayor or any councilperson or to the city manager shall be employed or appointed to any office, position or clerkship of the city. This prohibition shall not apply, however, to any person who shall have been employed for two (2) years or more by the city at the time of the election or appointment of the officer to whom he is related. d. Bonds. Council shall require bonds of all municipal officers and employees who receive or pay out any monies of the city. The amount of such bonds shall be determined by council and the cost thereof borne by the city. Council shall set the bond amount for the city manager and the director of finance at an amount not less than ten thousand dollars ($10,000.00). e. Oath of office. Elected and appointed officers. All officers of the city shall, before entering upon the duties of their respective offices, take and subscribe to the official oath prescribed in the Constitution of the State of Texas. :oouIT ..oloGod....OfflGe.u:. of the ui�".... Iha4:,...11no fom..o entei,und upon the da tes of GfflGe .take and S........�w.....:. :.... :.... :.:...... :.......................w. ...:. :..:...:...... m.slln,.Y a mino o he ootlln ou offmm imati on„ o be Ped and kept uun the 44fflGo of he G4 SYOGm d. tai . l c.... clleR;R�( E;weaIT (ouIT.... ffli,m ), that 444..4uflq ::fl4o eGWte the dmstes of the offmo of ............................................................................. of ilno G iy of 1....a II omto, dioio of Texa6„ aund 4ll to tIlno Ilno6i of u"ny allnulluty nm..es'e ve,....lnuo(o i and dofond the oomnE' kk:ltmon and lows of the unlited States and of tIhn 6 s4ate and the Ghaii4er and omdmunaR of..: 4Eo o4Y, and ..l fisFt�heim;o�m-��) soeirnR" swear, (or fflim(ihs:t....1. n000 m"moi &eG ll �( Vaan d,....o feri?rd, or l mom";"E;od io oomnimITminu:m(o any money, or �mlusolble .. omIT mmnduuil„ :.....................:.......:........:,w. ......�...................... :.... .......... :.......�.�w........: r...:.......:....:...............:...................:..........� ilnmunq, ou Ilnmou"nu,.�od u�mun lnu.minlm o��u�»o ou om"nllnlo��m"nomni, u�,.� u.m m�.Foud you �Ilno gm�mmnq ou m�llnlnollduunq o .....:.....a ..:...........� ...................wacy.... ....................... ......N�...... oio u�m� �Ilno olo�»�uomn o� lnmlln II u�,.� olloiod. Co Ilnolln vino god. ppoinio(4 offiGe)�& Il.....ou olnlnouuntod OffiGeF of the ui)( ;.mllno.1.l..,.....Ilnoio.ii..iF....o.iint.o.m..m.m;.d....mm.{Ino.R....the ....d.u:mti.o.sy...oi La Porte, Texas, Code of Ordinances Page 29 of 33 PARTI-CHARTER CHARTER COMPARATIVE TABLE nlm o!ffioo, take and m'mmll Gm Gr l o tothe follk)4nd oath omIT...affli'mntOR,.to Ilno ed and kept in the o fiGe..of the ....n.ky.....;mo..F Ftaii:..;..... l do.mmolleR;Rl�( E;weaIT (ouIT....affli,m ), that 444..4uflq ::fl4o eGWte the dmstes of the o fiGe of of the Qty of La Corte, State of Texas, and...nmmll to the Ilnom i of my olln44y :. .. .:.. ........ : a....a ii;(......... ......... ...,w a .. F ...........a.............a .rrr........ a... a.... :� rrr.....a............... a...... ,'�Y.....state Ilnmd.F,.�nmmmn„ lnuo�oni ound do�mm�d �Ilno n»omn,.��uim.simomn omnd lumom,.� o� ilno l�unm�od d�o�o,.� omnd o� �Ilnu,.� omnd the -lnou°ter and omdmnomn(Fes of..: 4Gn n4Y, and ..l fisFt�heim;o�m-��) soernRIy m wear (or ffwu�,m) Lhst....1. ...aV :........:.��������..�����..�........:....�......:'.�:.������e....���:..�........��.��............��f �������� .............:.... � ....:'."�w. ��:.................���:.:.�.:) a....�..............; �............:....��.�.....�....�.������. Ilnu�mm�n mnoi dmmd.Fn»�Il�m �� Iln�nmd, o��nm�.Fd„ om lnmom"nu,.�nd io nomnimminu.m�o oun�� uinouno��, om m�umlm.sollnln om mmn uu a.Fni thl nq, or lnmormmsod any I usll lllio Office of ernlployu"nent aE; a reward to ; Gamuo my app4inti en or the ... OR!f�urii n mimomm tIl mom � )of, do llnolln me Good," f. Discharge. Council shall be authorized to discharge at any time, with or without a hearing, as council may elect, any officer, employee or clerk which it appoints. The city manager shall be authorized to discharge at any time, with or without a hearing, as the city manager may elect, any officer, employee or clerk which he appoints. g. Injuries; insurance. City council shall have authority to provide the rules and regulations for maintaining employees when injured and disabled while performing their duties, and it may provide for such plan of insurance as it deems proper. h. Pensions. City council may establish a pension plan for any employee who has been employed by the city for twenty (20) years and who shall have reached the age of fifty-five (55), or may adopt in lieu thereof any pension system available to cities under state law. II ho....om"nomini of...s4d lnounsm on....m'lnoll Ilan : ...........aii;(..........:...........:..."....... a.. .:.ag .....6a. .:......c. r..... ........a.............. . y ..........c:11;......the.... ... "6 qu umdod ound Ilnuollnom�momnod �o �Ilno om�om umgo ,.�olumm�m a �.Fnom�mod Iln�m ilnn om"nllnlo��nn dm.su uunq mllnoln Ilnom mod o� lnm,.� omlpn oyn;eRt, llll thorn;c 4l4Rg WR(Jom the lhead of eirnlnllo ees mmm il� Gl gaiter and who e m"mpn o od In the of lnoun lno...nouino... o om;....o om t...nlln ll t o omn �l� llod o. m m odul ou'..- Iln years of ...nomomno lnou ��� tofoi'o....m,omond nmo mdod, however, that aRY Vpaym"m"meRt minder thl s xi'ovm E;mon...,nlhaH never oounnimtWte a waWeF of 640ln..the G4 :...........�..66 "...........�............ ...,Y. .rrr...." .. a...have ............. .:....6....Ia'..................:.......... �mom"n um,.�,.�om�mmnq umm"m do�omn,.�n,.� m� uinmgllni m.smndom ,.�onimomn '1.�.�d 8.03. - Assignment, execution and garnishment of city property. The property, real and personal, belonging to the city shall not be liable to be sold or appropriated under any writ of execution or cost bill. The funds belonging to the city, in the hands of any person, firm or corporation, shall not be liable to garnishment, attachment or sequestration; nor shall the city be liable to garnishment on account of any debt it may owe or funds or property it may have on hand or owing to any person. Neither the city nor any of its officers or agents shall be required to answer any such writ of garnishment on any account whatever. The city shall not be obligated to recognize any assignment of wages or funds by its employees, agents or contractors. 8.04. - City not required to give security or execute bond. It shall not be necessary in any action, suit or proceeding in which the city is a party for any bond, undertaking or security to be demanded or executed by or on behalf of said city in any court, but in all such actions, suits, appeals or proceedings, same shall be conducted in the same manner as if such bond, undertaking or security had been given as required by law, and said city shall be as liable as if security of bond had been duly executed. 8.05. - Effect of this Charter on existing law. All ordinances, resolutions, rules and regulations now in force under the city government of the city and La Porte, Texas, Code of Ordinances Page 30 of 33 PARTI-CHARTER CHARTER COMPARATIVE TABLE not in conflict with the provisions of this Charter shall remain in force under this Charter until altered, amended or repealed by city council after this Charter takes effect; and all rights of the city under existing franchises and contracts are preserved in full force and effect to the city, and any unissued bonds and revenue bonds, or installments thereof, heretofore authorized at an election held in said city shall not be affected by the adoption of this Charter, but the right to sell, issue and deliver same, in whole or in part, in keeping with the provisions of the laws under which they were voted is hereby expressly reserved. 8.06. - Amending this Charter. a. This Charter shall be the subject of a mandatory review every ten (10) years. Amendments may be proposed and submitted to the electors of the city by ordinance passed by a majority vote of the full membership of city council or by a petition signed by qualified IcGt011'n voters of the city in number not less than five (5) per cent thereof or twenty thousand (20,000) signatures, whichever is less. Such petition shall in all other respects conform to the provisions of Article VI. When a properly drawn petition has been duly filed, council shall provide by ordinance for submitting such proposed amendments to a vote of the IcGtGii'n qualified voters at an election to be held not IeE;s thaR ilnwu#y (90) )(6 ROF wcwi.F ilnun unwwni)( (00( )(6 afteFthe pa6,cyage of 6akJ cuwwnmunn». in accordance with the Texas Election Code. If the next regular municipal election is to be held during said period, the submission of said amendment or amendments shall be at such election. Otherwise, a special election shall be called for the purpose. Notice of the election shall be given by pk:lnlllGa wcn...tIherw�? f un the cffw64 n npapei- can the E;sums day uin ea lh cf..two (2) G GGeE'; uVe weeks!'! h date ofth fiFs pk:llbll Ga k)R is be no sE; thaR foam cn (4 ( days Varki' to Ulna dateset foii, say d.. 11 ikcn I Inc fora n...Of SUGh ;OtGe shah be as areE'�Gl'lbe Iln �... llnu. Ihai4eiIT.,. unGlW(Jwn5 a....;nwIbstant4 Gopy ofthe pi,opoE;ed airnendmeRtoi' airnen urnents::. in accordance with the Texas Election Code. Each amendment submitted shall contain only one subject and shall be printed separately on the ballot, each proposed amendment being followed by designations for the qualified 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. b. This section is subject to the provisions of ncvTsed 1204401 c+,+,,+osfR;4;;s ;,metednFtiGle 1170 and Gc)deAr+zo:e2�^1ret seq. V.T.C.A., Local Government Code §§ 9.04 and 9.05, and V.T.C.A., Election Code § 41.001 et seq. 8.07. - Severability clause. If any section or part of section of this Charter shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this Charter nor the context in which such section or part of section so held invalid may appear, except to the extent that an entire section or part of section may be inseparably connected in meaning and effect with the section or part of section to which such holding shall directly apply. 8.08. - References to laws. All references within this Charter to laws of the State of Texas or of the United States are to be construed as meaning such laws as now or hereafter amended or superseded. La Porte, Texas, Code of Ordinances Page 31 of 33 PARTI-CHARTER CHARTER COMPARATIVE TABLE 8.09. - Approval of this Charter. a. Copies to electors. In not less than thirty (30) days prior to the election provided in subsection b., the city commission shall cause the city clerk to mail a copy of this Charter to each qualified voter of the city, as listed on the current voter registration list. b. Submission of Charter to electors. The charter committee in preparing this comprehensive Charter amendment finds and decides that it is impracticable to segregate each subject so as to permit a vote of "yes" or "no" on the same, for the reason that the Charter is so constructed that in order to enable it to work and function, it is necessary that the comprehensive amendment be adopted in its entirety. For these reasons the charter committee directs that said amended Charter be voted upon as a whole and that it shall be submitted to the qualified voters of the city at an election to be held for that purpose on the 9th day of August, 1980. The form of ballot to be used in such election shall be as follows: FOR THE ADOPTION OF THE AMENDED CHARTER. AGAINST THE ADOPTION OF THE AMENDED CHARTER. C. Results of vote for adoption. If a majority of the qualified electors voting in such election shall vote in favor of the adoption of the Charter, and after the returns have been canvassed, the city clerk shall file an official copy of the Charter with the records of the city. The city commission shall at its next meeting declare this Charter adopted. The clerk shall furnish the mayor a copy of said Charter, which copy of the Charter so adopted, authenticated and certified by his signature and the seal of the city, shall be forwarded by the mayor to the Secretary of State of the State of Texas and shall show the approval of such Charter by majority vote of the qualified voters voting at such election. 8.10. - Provisions for transition. a. Tenure of officers during transition. From and after the date of the adoption of this Charter and until the completion of the first election under this Charter to be held on the first Saturday in April, 1981, and the qualification of the councilpersons therein elected, the present qualified and acting commissioners and mayor shall constitute city council. Such city council shall possess all the powers provided by this Charter. After said election and until the election to be held on the first Saturday in April, 1982, and the qualification of the councilpersons and mayor therein elected, the present qualified and acting commissioner —Position 2 shall serve as councilperson-at-large—Position A; the present qualified and acting commissioner —Position 4 shall serve as councilperson-at-large—Position B; and the present qualified and acting mayor shall serve as mayor. These councilpersons and mayor, along with the councilpersons elected and qualified as provided in subsection b, below, shall, for the duration of their terms of office, compose city council and shall possess all the powers provided by this Charter. b. Original election of mayor and councilpersons. Councilpersons representing districts shall be elected at the election to be held on the first Saturday in April, 1981, for terms of office as follows: Councilperson—District 1, three-year term Councilperson—District 2, one-year term Councilperson—District 3, one-year term La Porte, Texas, Code of Ordinances Page 32 of 33 PARTI-CHARTER CHARTER COMPARATIVE TABLE Councilperson—District 4, two-year term Councilperson—District 5, two-year term Councilperson—District 6, three-year term. Councilpersons-at-large and the mayor shall be elected at the election to be held on the first Saturday in April, 1982, for terms of offices as follows: Councilperson-at-large—Position A, one-year term Councilperson-at-large—Position B, two-year term Mayor, three-year term. Following these terms of office, all councilpersons and the mayor shall be elected to three-year terms, according to the provisions of Article II of this Charter. CHARTER COMPARATIVE TABLE This table shows the location of the sections of the basic Charter and any amendments thereto. Ordinance Number Adoption Date Election Date Section Section this Charter 1216 5-21-80 8- 9-80 1 Arts. I —VI I I 1676 2-12-90 5- 5-90 1A 5.02 1699 5- 7-90 1 5.02 1700 1 5- 7-90 1 5.02 La Porte, Texas, Code of Ordinances Page 33 of 33 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 10, 2012 Requested By: Corby Alexander for Mayor Rigby Department: Administration Report: Resolution: Ordinance: _ Attachments: Retiree Medical Benefits FAQ Attachments: Timeline of Changes Attachments: Retiree Medical Benefits Appropriation Source of Funds: Acct Number: Amount Budgeted: Requested: Budgeted Item(s): YES NO SUMMARY & RECOMMENDATION In early November 2012, all 66 retirees were mailed a letter outlining the coverage and premiums for the upcoming year for health insurance, which included medical, plus applicable dental and vision coverage. Additionally, each retiree received an information booklet that was similar to the one active employees received for open enrollment. These booklets contain important information regarding the retiree benefits. There are changes to 2013 medical premiums for 8 retirees. Five retirees saw an increase in premiums and three saw a decrease. These changes in premiums were in part the result of a routine audit that discovered an error that resulted in charging amounts that were not consistent with the policy for retiree medical premiums for dependents. Rates for dependents were not properly calculated based on language in Section 8.06 of the employee handbook that states, "Costs to the retiree, retiring on or after January 1, 2006, shall be based on a cost schedule determined by years of services, outlined below. Under this schedule, a retiree pays a percentage of the city's contribution to the plan participant's health coverage, based on years of service, but pays the entire cost of dependent coverage, regardless of vears of service." Council approved an amendment to this language on April 25, 2011 that changed the rate for 30 year retirees to be the same as active employees for both employee and dependents, but the language was never changed in the handbook. Additionally the rates for retirees with under 30 years changed due to the amount budgeted by Council for benefits. Staff is seeking policy direction from the Council regarding the medical premiums for dependents of retirees. The new premiums go into effect January 1 and because of this imminent time frame required for action, this issue is being brought directly to the City Council for direction. Several options are available to the Council, which include but are not limited to: 1. Continue to implement the City policy as it is written now (assuming the updated 2011 language is added) 2. Direct staff to amend the policy to allow all retirees to pay active employee rates for dependent medical coverage. This would require the adoption of an ordinance effectuating the change and it would be brought for Council consideration at the January 12 Council meeting. Changes in premiums would be implemented for the January 1 plan year for retirees. If this option is selected, Council should provide direction on whether to allow all retirees to change their plan based on this new information, only those five retirees that would see a significant increase in premiums based on the existing policy, or not allow changes. 3. Direct staff to amend the policy to allow all retirees to pay a percentage of active employee rates for dependent medical coverage based on years of service. Staff would propose using the percentages outlined in the current policy for the "retiree only" cost for this calculation. For example, if an employee with 20 years of service retires, that employee would pay 60% of the total plan cost for him/herself and 60% of the total plan cost for dependent medical coverage. This would require the adoption of an ordinance effectuating the change and it would be brought for Council consideration at the January 12 Council meeting. Changes in premiums would be implemented for the January 1 plan year for retirees. If this option is selected, Council should provide direction on whether to allow all retirees to change their plan based on this new information, only those five retirees that would see a significant increase in premiums based on the existing policy, or not allow changes. 4. Any other variation desired by the Council. Action Required by Council: Receive direction from the Council regarding retiree dependent premiums for medical insurance. Approved for City Council Agenda Corby D. Alexander, City Manager Date Retiree Medical Benefits Frequently Asked Questions December, 2012 1. How many retirees does the City have currently? We currently have 66 retirees. Below is a breakdown Retired Before 12/31/2005 Retired After 1/1/2006 Total 47 Less Than 30 years of Service 30+ years of Service No Dependents With Dependents No Dependents With Dependents 3 5 1 10 66 2. What premiums are the retirees currently paving? Retired prior to 1/1/2006: • These retirees pay the active employee rate for themselves and their dependents. This is consistent with the current City policy. Retired on or after 1/1/2006: • After May, 2011, retirees with 30 years of service pay the active rate for themselves and their dependents. This is consistent with the current City policy, although the language has not been amended to reflect this change that Council approved on April 25, 2011. • At least since 2008, retirees with fewer than 30 years have paid a percentage of the total cost for employees (employee + employer costs), but paid the active rate for their dependents. This is not consistent with the current policy. 3. What should post-2006 retirees with fewer than 30 years of service be paving per the written Policy? Post-2006 retirees with fewer than 30 years of service should be paying a percentage ( a graded scale based on years of service from 20 up to 30) of the total cost of employee coverage (employee plus employer contributions) plus the full cost of dependent coverage (regardless of years for service). The premium costs are the amounts approved by Council during the budget process based the calculated reserves needed to fund the plan. 4. How many retirees had a premium change effective 1/1/2013? Increased premiums: 5 due to total premium cost and the budgeted funding amount Decreased premiums: 3 due to the change in the budgeted premium amount Number of retirees who had an increased medical rate due to the funding change and total dependent premium being calculated: 5 5. Has the City always allowed retirees to have dental and vision coverage? • No, originally retirees went on COBRA for their Dental and Vision coverage. In an email dated 1/16/2009, HR was directed by the City Manager to begin allowing retirees to continue dental coverage; however changes to this coverage were not permitted. 6. Has the City always allowed retirees to change medical plans during Open Enrollment? • Until 2007, retirees were not permitted to make plan changes during Open Enrollment. An email from Assistant City Manager dated 6/25/07 has been found that said to start allowing it. The email also states that this was not in the Ordinance. L C +, O (6 am-+ u O O CC: L N 4- L N L 0 s m s s C 4-W W 4-+ +� L � s > > E a) ao W 4� to M 4� +U s a s c •- m N Q O N VI a)U s s o a) i �n +, 4 , N a. N N U 4M+ OO C +O+ O o `�n -0 Q m O z CO y y C- U .O -a s N m 3 a C- +! U Q C W C -a C O s M Q' -a 'a � O m W 0 C C C O E O +, C U T N C 3 3 > • 0 Z U 0 Z I 0 Z Q 0 Z 0 Z O O N N� N� N� N r- y1 N o� U Cr- 00 U Cr- 00 U Cr- 00 U Cr-C� 00 U O a-+ M N m N m N M N M N N O' OC C N -a 0 -a 0 -a 0 -a 0 -a 0 O o N O o N O o N O o N O o N Ln L s +' mr14> O Ln m s a) N > a)+� +� C - .0 3 N a� m o m Q rn = N a�i a�i 0 m CO a�i O ci E N N >- N +�12 s U 0 0 C s +' O C O N L +' N N L >, +' QC L C- u N +m 0 O O O L Q f6 �, f6 -a O U C N vi C (6 , > Ln N r_ s C �n O o� o N s N f6 U V) Q L to -a >� s S U O +� 3 4' U L o) o C C ca 3 a� L o > .O Q fL6 N L C: O N S O-0 N O N N O f6 N L O ho C m O L O 4-C +� O +, O Q 'a C m Q ;� M` p> O U N f6 Q OU >, M N= 7 ai O `- 1° +1> 0 m� u L `-' CQ" C L N CO C O +' m O U � O m L N >, O O +1 N U ._ ma) Q L O L M O N N O L L N \ s 4- N f6 +, a 0 d N C O 0 0 O s r' +' C U ++1 c Q u 7 L d +, 3 y 00 ` s tin -a '� -a _ E i6 4 o s U 3 L C ._ L to C +� +, a s + N N C to O N s i a+ +' o N •O +' CA Q O N O S 76 -a OU C O (6 O f6 s C N N `� N N C L f�6 C N .0 U >` N _ Cy, m N O L N Q N s E s +' -a O L -a > -a qA M > L C C7 L w +' O C O o C �-+ N C N 'L N c .0 i N +� +, U p N LL N N +, s s N U N O CCA u N -a N N N" N O � " u m Q N N s U\ U s N a o o o a� m a `� 3 a3i o a) U m aQi 3 Q o C Q o U> s +° a` ) � aa) to O Q E 41 +' O N >, C O L > • • • • N U N N � N c�� • > O U- Q~ M 4� .0 Q rn vOi Q w �o �o Ln O O y 0 O O O O O O O O �+ N N N ON � N 0 L l 0) c\-I N N O\1 \ Ln \ O Ol cI LfI 0 0 z z a) a) U C CF, U C ��o c M N c O Ln 0 Ol 0 -1 -O O 0 O O N >, - a ) L a) > O a) a 0 +' C O tin 4. O `� O c p o ac>6)- aEi ai . o � o U L 04S -0 j 'a CO(6 O(?6 Ou p au) O tq0 a) C U f>V + a) O 'C CL a+ O s a) o O U C U 4, 6 O to •O U CL }, L U U C a) I? C S a) 7 (6 VI i .4— a) *' 3 o 4S U— a,�" s C a) L a) U VI I I 4� rl a L N L O +' +' 7 bP >S C C \ oC O +"a U 4� CL +r, O�n O �a) O L O j O u a) U + CmC CL O a) a O a N S pO CL U ) OC 00 O Nto 'a U O +, > N -O s aj o N � L� O 4, �, a) 41 C a) ci N 4— N ai 4 � 41 C C rl 3 o L Ln +pO + , QC � O C O O C Vn M U u a w w H Q .� a�i o a�i ; �' o 00 — O O w w c-I Ol 000 0 N N r14 c-I b�0 8.06 1 Retiree Medicat Benefits ii The following persons are eligible for retiree medical coverage: • Present retirees of the City of La Porte receiving retirement annuities as a qualified -annuitant under the Texas Municipal Retirement System •' Who have retired in accordance with the City of La. Porte Employee Policies Handbook; and were employed by the City of La Porte at the time of their retirement. •.': Retirees_ re-employed after retirement from the City of La Porte that have employer sponsored health care coverage available through the new employer may not continue �j health coyerage with the City of La Porte, except for those with 30 years or more tenure with the City. of La Porte. if an *mployee works 30 yearn or more with the City of La Porte they may maintain the City of La Pbrte sponsored health plan as secondary, while working for a new employer offering a heait6 piarr option. All applicable costs of the plan will still apply. ire the case of Retirees that are reerri'plbyed by a new employer, and who subsequently separates employment from the new. employer,. a one time. deferral shall be allowed whereby the retiree may rejoin the- City of La Porte. health plan as a retiree participant, regardless of age.. If .a qualifying retiree carried. a spouses as a dependent at the time of their initial retirement, a retiree who rejoins the City of La Porte health plan as a retiree participant under the one time deferral may include their spouse as a dependent, consistent with allowances made under Federal'CbS'RA. law. Retirees who are .self-dmpioyed are eligible for medical coverage-, but occupational illnesses or injuries shall not be covered. Annual contributions by retirees to the -health plan will be based on the total cost_ per employee of the plan to the City.. • City •erripioyees who retire from City of La Porte employment on or after January 01, 2008 and. o who have a. combination of years of service,with the City of La Porte, plus age, totaling 80; and o who retire as a qualified' annuitant under the Texas Municipal Retirement System; who retire ih accordance with the City of La Porte Employee Policies Handbook; who complete at least 20 years of service with the City of La Porte, and are currently employed by the City of La Porte at the time of their retirement. All applicable costs of the Plan. will still apply. For those retirees who are self- employed, occupational illnesses or injuries shall not be. covered. Annual contributions by retirees to the health plan will be based on a cost schedule determined by years of service, as established under Section 5, "Premiums", of this chapter. City dmployees meeting the eligibility requirements for it disability -retirement under the Texas Municipal Retirement System Act and • have. been declared permanently disabled under the Social Security Act, and have elected to receive Medicare, Parts A and B, shall be eligible for medical benefits, which shall be secondary to Medicare benefits; provided they have worked for the City of La Porte_ for ten (10) continuous years at the time of disability determination. Costs associated with retirement under this tier shall be 75% of the city cost. loree The and dependent coverage will be primary for those participants not yet qualified for Medicare. The coverage. will be secondary for those retirees and retirees' dependents who are 50 Medicare eligible. The Retiree and dependent coverage will be secondary for Retirees with 30 or mdii lre years tenure with the City of La Porte, who have employer sponsored health coverage available through their new employer, or for retirees reemployed with the City of La Porte, as hereinabove provided. overed retiree dies, dependents may continue coverage until the earlier of the date the If a d surviving spouse remarries, obtains group insurance, or becomes entitled to Medicare, or until any unmarried children financially dependent upon the covered retiree is 25 years of age. Surviving dependents shall pay the appropriate contribution toward dependent coverage as established in this chapter. Retirees who work for another employer offering health coverage shall not be eligible for retiree health coverage from the City after their subsequent employment ends, regardless of the length of service with the subsequent employer. Retir''es who delay their retirement annuity shall not be eligible for retiree health coverage from the City. Preri iums: The City of La Porte utilizes a self -funded medical plan so there are no formal pre rj.iums paid for health coverage. Each year, during the budget process, an amount is determined for each employee to cover claims and administration of the medical fund. i'i The Total Plan cost is the Total annual dollar allocated each year by budget as approved by Citylpouncil for the City of La Porte for Health Insurance for each employee, including employee and 1l✓mployer contributions. Costs to the retiree, retiring on or after January 01, 2006, shall be based on a cost schedule year of service, outlined below. Under this schedule, a retiree pays a determined by y perdentage of the city's contribution to the plan participant's health coverage, based on years of service, but pays the entire cost of dependent coverage, regardless of years of service. As mandated by Texas Local Government Code Chapter 175, City employees meeting eligibility requirements under the Texas Municipal Retirement System Act to receive retirement benefits, may, regardless of age or years of service with the City, purchase at their own expense, the combined City and employee cost of continued health benefits coverage for the employee and theiemployee's dependents, unless the employee is eligible for group health benefits coverage through another employer. To purchase continued health benefits coverage the employee must inform the City of their election not later than the day on which the employee retires from the City. A person who elects to purchase continued coverage who subsequently discontinues coverage, is no longer eligible for coverage; likewise, a dependent for whom coverage is discontinued is no longer eligible for continued coverage. A person who was not covered under thejf employee's plan at the time of retirement is not eligible for continued coverage. The City mar substitute Medicare supplemental health benefits coverage as the coverage provided to a retiree under this section, including a dependent, after the date the retiree becomes eligible for fedrrral Medicare benefits. 51 it Eligible dependents include. -- Your lawful spouse who is legally married to and living with you; • natural children; stepchildren; children who, before reaching the age of 18, are either 5 adopted by you; • Or other children for whom you have care, custody and control under court decree. A dependent child must be unmarried and rely on you for primary support and maintenance. Dependent children remain eligible until age 25 as long as they are enrolled as a full-time Ke frees may not add dependents once retired. There are no qualifying events to add de { endents. Dependents may be dropped by written request at any time. Retirees shall pay all required contributions to the City by the 15�h of the month of coverage. On6 annual statement will be mailed to retirees for selection of payment plan; annual, bi-annual, quArterly or monthly. Failure to pay the required contribution will result in termination of the me' ber's participation in the City of La Porte sponsored health plan. Payment delayed beyond 60 , ays will initiate COBRA notification for continuation of health coverage once the member is te4, inated from the Plan. 52 LOUIS RIGBY Mayor JOHN 2EMANEK Councilmember at Large A JOHN BLACK Councilmember at Large B MIKE MOSTE€T Councilmember District 1 CIJUCK ENGEL KEN Councilmember District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE APRIL 25, 2011 DARYL LEONARD Mayor Pro Tom Counc€Imember District 3 TOMMY MOSER Coundimember District 4 JAY MARTIN Counciimember District 6 MIKE CLAUSEN Counailmember Distr€ct 6 The City Council of the City of La Porte met in regular meeting on Monday, April 25, 2011, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m. to consider the following items of business: 1, Call to Order Mayor Rigby called the meeting to order at 6:00 p.m. Members of Council present: Councilmembers Leonard, Zemanek, Mosteit, Engelken, Moser, Clausen, and Martin. Absent: Councilmember Black. Also present were City Manager Ron Bottoms, Assistant City Manager Traci Leach, City Secretary Patrice Fogarty, and Assistant City Attorney Clark Askins. 2. Invocation — The invocation was given by Assistant City Attorney Clark Askins. 3. Pledge of Allegiance — The Pledge of Allegiance was led by Councilmember Engelken. 4. Presentations/Proclamations Mayor Rigby presented the recognition of ""Employee of the First Quarter" to Officer Brion Boznango. Chief Adcox was also present for the presentation. a. Petitions, Remonstrance's, Communications, Citizens and Tax Payers wishing to address Council on any item posted on the agenda (Limited to five minutes) Janet Church (President of Strawberry Festival Organization), 7603 Red Bluff, Pasadena, TX. addressed City Council and invited them to attend the Strawberry Festival May 20-22, 2011. Anthony Villarreal, 3903 Barracuda Ln, La Porte, addressed City Council regarding the Port of Houston Noise citation and mediation and provided a PowerPoint presentation. 6. Consent Agenda A. Consider approval or other actiion of minutes of the Special Meeting of the La Porte City Council held on April 9, 2011 and minutes of Regular Meeting of La Porte City Council held on April 11, 2011 — P. Fogarty S. Consider approval or other action awarding bid # 11019 to replace the fence and five gates surrounding the La Porte Municipal Airport, with a contingency - D. Mick C. Consider approval or other action awarding bid # 11020 for the construction of two detention ponds in Brookglen Subdivision -- J. Garza Page 1 of 9 April 26, 2011, City Council Meeting Minutes D. Consider approval or other action for award of contract under Request For Proposal (RFP) # 11505 for Real Estate Broker Services — T. Leach E. Consider approval or other action authorizing the City Manager to execute an agreement between the City of La Porte and Waste Management of Texas, Inc., for Type 1 solid waste disposal — D. Pennell F. Consider approval or other action authorizing the City Manager to execute a License Agreement between CenterPoint Energy Houston Electric, LLC and the City of La Porte, for use of 0.0344 acres of hand for the city's bicycle, -pedestrian trail -- S. Barr Councilmember Engelken abstained from consent Item F and noted a conflict of interest affidavit form had been filed with the City Secretary. Consent Items B and D were pulled for discussion and comments. Regarding item 8, Councilmember Zemanek questioned if the fence would still serve its purpose if it was not replaced or moved back 20 feet to put in a sidewalk. Don Pennell answered, "Yes." Regarding item D, Councilmember Martin commented that Leopard Realty has been in the city for a long time; and he would like to see them also be given an opportunity to conduct business with the city. Councilmember Leonard moved to approve Consent Agenda Items A, C, D & E pursuant to recommendations by City Staff. Councilmember Mosteit seconded. MOTION PASSED. Ayes; Mayor Rigby, Councilmembers Leonard, Zemanek, Mosteit, Engelken, Moser, Clausen and Martin Nays: None Absent: Councilmember Black Councilmember Clausen moved to approve Consent Agenda Item B pursuant to recommendations by City Staff. Councilmember Mosteit seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Mosteit, Engelken, Clausen and Martin Nays: Councilmembers Moser, Leonard and Zemanek Absent: Councilmember Black Councilmember Leonard moved to approve Consent Agenda item F pursuant to recommendations by City Staff. Councilmember Mostelt seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Moser, Leonard, Clausen and Zemanek Nays: Councilmembers Martin and Mosteit Abstain: Councilmember Engelken Absent: Councilmember Black Consent Agenda Item B awarded Bid 11019 to the low bidder, Brazos Fence, for $54,143.00 to replace the fence and five gates along the south side of the La Porte Municipal Airport. Consent Agenda item C awarded Bid 11020 to Paskey, Inc., in the amount of $298,083.91 and further authorizing a 5 percent contingency of $14,904.20 for a total amount of $312,988,11 for construction of two detention ponds in Brookglen Subdivision. Page 2 of 9 April 26, 2011, City Council Meeting Minutes Consent Agenda Item D awarded RFP 11505 — a Real Estate Brokerage Agreement between the City of La Porte and Main Properties for the sale andfor lease of various parcels of real property owned by the City. 7. Consider approval or other action approving an ordinance authorizing and establishing convenience fees for credit or debit card transactions paid on-line through the La Porte website (Ord. 3334) - M. Dolby Finance Director Michael Dolby presented a summary. Assistant City Attorney Clark Askins read the caption of Ordinance 3334, AN ORDINANCE AUTHORIZING AND ESTABLISHING CONVENIENCE FEES FOR CREDIT OR DEBIT CARD TRANSACTIONS PAID ON-LINE THROUGH THE LA PORTE WEBSITE, FOR LA PORTE RESIDENTIAL AND BUSINESS CUSTOMERS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE Councilmember Martin moved to approve Ordinance No. 3334 with amendments. Councilmember Clausen seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Zemanek, Mosteit, Engelken, Moser, Clausen and Martin Nays: None Absent: Councilmember Black Assistant City Attorney Clark Askins will edit the ordinance - a. Public Hearing — Conduct a public hearing regarding condemnation of substandard buildings located at 319 Dwire Dr.; 2820 D St.; 1708 S. Broadway St.; 1712 % S. Broadway St.; 536 Bayshore Dr.; 111 S. Blackwell St.; 1307 E. Main St.; 417 N. 3`d St.; 427 N. 0 St.; 427 '/z N. 4 t h St.; 307 N. a St.; 323 N. I CP St.; 3831 Pecan Circle; and 3246 Andricks Rd.; and consider approval or other action regarding ordinances condemning substandard buildings at 319 Dwire Dr.; 2820 D St.; 1708 S. Broadway St.- 1712 1/2S. Broadway St.; 536 Bayshore Dr.; 111 S. Blackwell St.; 1307 E. Main St.; 417 N. St.; 427 N. 0 St.; 427'/. N. 4t' St.; 307 N. 4th St.; 323 N. I& St.; 3831 Pecan Circle; and 3246 Andricks Rd. (Ord No. 3335 — 3346) -- D. Wilmore The public hearing was opened at 6:28 p.m. Chief Building Official Debbie Wilmore presented a summary of the properties. She stated that 536 Bayshore, 2820 D Street, and 323 N. 1fld' have been removed from the list as these properties are being addressed following contact with the owners. Phillip Hoot — 927 Seabreeze La Porte, TX., addressed City Council and cautioned City Staff to make sure the buildings could be entered legally. Greg Lewis —1307 E. Main La Porte, TX., addressed City Council and advised the property was in probate and requested a 60-day continuation of the public hearing. Public Hearing closed at 6:33 p.m. for all other properties excluding Ordinance 3339 for 1307 E. Main. Assistant City Attorney Clark Askins read the caption of Ordinance 3335 AN ORDINANCE DECLARING THE BUILDING(S) LOCATED AT BLK 5 LT 4, BAY OAKS HARRIS COUNTY, Page 3 of 9 April 25, 20ij, City Council Meeting Minutes TEXAS, TO 13E IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT KENT M. & ELDA MAE NACOL AND KENT MARK & ELDA MAE NACOL IS THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S), ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDIANCE TO SAID OWNER(S); PROVIDING FOR. THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. Assistant City Attorney Clark Askins read the caption of Ordinance 3336 AN ORDINANCE DECLARING THE BUILDING(S) LOCATED AT BLK 1446, TRS 17-23, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT LA PORTE INDUSTRIES LLC % OBAID UDDIN IS THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDIANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, Assistant City Attorney Clark Askins read the caption of Ordinance 3337 AN ORDINANCE DECLARING THE BUILDING(S) LOCATED AT BLK 1446 LTS 1-16 & TR A LA PORTS HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT LA PORTE INDUSTRIES LLC % OBAID UDDIN IS THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDIANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. Assistant City Attorney Clark Askins read the caption of Ordinance 3338 AN ORDINANCE DECLARING THE BUILDING(S) LOCATED AT BLK 85, LTS 6-7 BAYFRONT HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT ZEPHRA E. REINITZ BROWN AND ZEPHRA E. REINITZ BROWN ARE THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AN❑ TO COMPLETE SAID Page 4of9 April 25, 2011, City Council Meeting Minutes REMOVAL OR DEMOLITION WITHIN THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDIANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE, OPEN MEETINGS LAW_ Assistant City Attorney Clark Askins read the caption of Ordinance 3340 AN ORDINANCE DECLARING THE BUILDING(S) LOCATED AT BLK 88 LTS 24-25 LAPORTE HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT JESSIE M. BAKER ETAL JESSIE MAE BAKER DANIEL BAKER JR., MARGO MAXINE BAKER JOHN BARTLEY BAKER EUGENIE ELIZABETH BAKER AND ISAAC BRUCE BAKER HEIRS OF DANIEL BAKER ARE THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDIANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW_ Assistant City Attorney Clark Askins read the caption of Ordinance 3341 AN ORDINANCE DECLARING THE BUILDING(S) LOCATED AT BLK 89 LTS 29-30, LAPORTE. HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT EST OF LELA THOMAS % FRANCiE JORDAN AND MCKINDLEY THOMAS & LEIE LELIE THOMAS AND EST OF LELA THOMAS % FRANCIE JORDAN ARE THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDIANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. Assistant City Attorney Clark Askins read the caption of Ordinance 3342 AN ORDINANCE DECLARING THE BUILDING(S) LOCATED AT BLK 89 LTS 29-30 LAPORTE HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT EST OF LELA THOMAS--% FRANCIE JORDAN AND MCKINDLEY THOMAS & LEIE LELIE THOMAS AND EST OF LELA THOMAS % FRANCIE JORDAN ARE THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH SUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID Page 5 of 9 April 25, 2011, City Council Meeting Minutes REMOVAL OR DEMOLITION WITHIN THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDIANCE TO SAID OWNER(S), PROVIDING FOR THE REMOVAL OF SAID BUILDINGS) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. Assistant City Attorney Clark Askins read the caption of Ordinance 3343 AN ORDINANCE DECLARING THE BUILDING(S) LOCATED AT BLK 80 LTS 17-21 LAPORTE HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT TRUDIE D. THOMAS AND TRUDIE D. THOMAS AND TRUDIE D. THOMAS % ELIZABETH H. ABNER ARE THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDIANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. Assistant City Attorney Clark Askins read the caption of Ordinance 3344 AN ORDINANCE DECLARING THE BUILDING(S) LOCATED AT BLK B LT16 FAIRMONT PARK EAST S_ 1 HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT BARBARA A. GOFORTH AND MIDLAND MORTGAGE IS THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDIANCE TO SAID OWNER(S), PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE, MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, Assistant City Attorney Clark Askins read the caption of Ordinance 3345 AN ORDINANCE DECLARING THE BUILDING(S) LOCATED AT BLK 6 LT 105 SPENWICK PLACE S.1 LAPORTE HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDINGS) CONDEMNED; FINDING THAT VIRGINIA LEE DANIEL IS THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDIANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN Page 6 of 9 April 26, 2011, City Council Meeting Minutes THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. Councilmember Moser moved to continue the public hearing for an additional 60 days regarding the property located at 1307 E. Main. Councilmember Leonard seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Zemanek, Mosteit, Engelken, Moser, Black, Clausen and Martin Nays: None Absent: Councilmember Black The Public Hearing closed at 6:33 p-m. regarding all other properties. Councilmember Moser moved to adopt Ordinance Nos. 3335, 3336, 3337, 3338, 3340, 3341, 3342, 3343, 3344 and 3345. Councilmember Clausen seconded_ MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Zemanek, Mosteit, Engelken, Moser, Clausen and Marlin Nays: None Absent: Councilmember Black 9. Consider approval or other action regarding the Chapter 172 Committee's recommendation to modify retiree plan participant rates and dependent eligibility standards under the Retiree Medical Policy — H. Weger Councilmember Leonard moved to approve the Chapter 172 Committee's recommendation to modify retiree plan participant rates and dependent eligibility standards under the Retiree Medical Policy. Councilmember Engelken seconded. MOTION PASSED Ayes: Mayor Rigby, Councilmembers Leonard, Zemanek, Mosteit, Engelken, Moser, Clausen and Marlin Nays: None Absent: Courcilmember Black 10. Consider approval or other action to approve an ordinance establishing guidelines for City Council travel and business expenses, including automobile allowance (Ord. 3346) — Mayor RigbylP. Fogarty Mayor Rigby and City Secretary Patrice Fogarty presented a summary. City Attorney Knox Askins read the caption of Ordinance 3346 AN ORDINANCE ESTABLISHING GUIDELINES FOR TRAVEL AND BUSINESS EXPENSES BY CITY COUNCIL MEMBERS TO MEETINGS; PROVIDING AUTOMOBILE EXPENSE ALLOWANCES; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Page 7 of 9 April 25, 2011, City Council Meeting Minutes Councilmember Engelken moved to approve Ordinance 3346. Councilmember Leonard seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Zemanek, Mosteit, Engelken, Moser, Clausen and Markin Nays: None Absent: Councilmember Black 11. Receive 2"d Quarter CIP Reports (Parks and Recreation, Planning and Public Works) Parks Director Stephen Barr provided a report. Councilmember Martin asked about the old Library sign, and Mayor Rigby inquired about Lomax Arena. Planning Senior Engineer Julian Garza provided a report. Councilmember Martin asked if Shady River included detention ponds and if only two weeks were left on 8ffi Street. Garza stated yes to both. Councilmember Clausen asked if the new software comes with a checklist that would help streamline the permitting process and the Chief Building Official Debbie Wilmore answered yes, she believes that it does, but stated the process must still be monitored. Assistant Public Works Director Don Pennell provided a report. 12. Administrative Reports -- R. Bottoms City Manager Ron Bottoms did not make a report. May 2-6, 2011 — Public Service Week May 9, 2011 — Fiscal Affairs Committee Meeting — 5:00 p.m. May 9, 2011 —City Council Meeting — 6:00 p.m. May 14, 2011 — General Election and Special Election — 7:00 A. M. — 7:00 P.M. May 23, 2011 Drainage and Flooding Committee Meeting — 5:00. p.m. May 23, 2011 —City Council Meeting — 6:00 p.m. Early Voting for General Election and Special Election — Monday, May 2, 2011, through Tuesday, May 10, 2011, from 8:00 A.M. to 5:00 P.M. Extended hours for Early Voting will be Wednesday, May 4, 2011, from 7:00 A.M. - 7.00 P.M. and Tuesday, May 10, 2011, from 7. 00 A.M. — 7:00 P.M., There will be Early Voting on Saturday, May 7, 2011, from 8:00 A. M. -- 5:00 P.M. 13. Council Comments: Matters appearing on agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policy — Councilmembers Engelken, Mosteit, Clausen, Martin, Moser, Zemanek, Leonard, and Mayor Rigby. Councilmember Black was absent. Councilmembers Engelken and Mosteit congratulated Officer Boznango. Councilmember Clausen also congratulated Officer Boznango in addition to stating how nice the Spray Park Dedication was. Councilmember Martin reminded everyone of Sylvan Beach Day on Saturday, April 30. Mayor Rigby congratulated Officer Boznango, reiterated how nice the opening of the Spray Park was, and commented on the Retirement Parity for Detective Jerome McKown and Crime Prevention Officer Sherman Moore. 14. City Council reserves the right to meet in a closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code. There was no executive session. Wage 8 of 9 April 25, 2019, Gity Council Meeting Minutes 15. Reconvene into Regular Session and Consider Action, if any, on items discussed in Executive Session. 16. Adjournment There being no further business, at 7:13 p.m., Councilmember Engelken moved to adjourn the meeting. Respectfully submitted, Passed Aflappfoved on ,April 25, 2011. Page 9 of 9 April 25, 2011, City Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM )E';ud�et Agenda Date Requested: Aril 25 2011 r of Funds: Requested By: t Number: Department: t Budgeted: Report: Resolution: Ordinance:Exhibits: Chapter• 172 Committee Retiree Medical t Requested: Recommendation Budgeted Item: YES NO Exhibits: Retiree Medical Benefits Pvlic Exhibits SUMMARY COMMENDATION Retireeto discuss On December 14, 2010 the Chapter 72committee h allowing employeeswho haven30 years of se vice with the City and an actuary to detenrrrne the cost associated tive employeeldependent. rate at the time of their retirement. who qualify for Retiree Medical Insurance to a the ac f the Total Cos amount he city of the Medical Plan and the full Currently, employees with 30 years of service y amount of dependent premiums. The actuary report shows the cost as follows: 2011 - $11,755 2012 - $21,401 2013 - $34,967 ittee voted nimously to ake On March 31, 2011 the actuary report w 3p presented se vliee to the City, Twho quhe aliffy for Retiree aMedical Coverage a recommendation that employees with y through the City be allowed to pay the active employee/dependent rate at the time of their retirement. In addition, Staff would like to modify the Retiree Medical Policy to include allowing the continuation of coverage for dependents of employees who would have otherwise qualified would affect 30 employees. Coverage current policough y, City, but did not retire prior to their death. Currently, this change if an employee, who is eligiblefor hetemployee Coverage, age,was edlies priorle the Retiree Medicaleir retirement eiCoverage. endependents would have to go on COBRA regardless of whether Action Required by Council: modifyto Approve the Chapter 172 Committee's recommendation the City, who also qualify the Retiee Medical lnsu once to pay the active ees with 30 or more years of service to employeeldependent rate at the time of their retirement. Approve Staffs recommendation o cello dependents for the ee continueCoverageprior go ander deaf Retiree Medical Policy if the the employee would have otherwise q A roved for Ci Council A ends Date Ron Bottorns, City Manager « q m % e. 2 a \ a W f @ q 0 k - k m00 C6 $% / AA. c . � 0 . . - � cu / 7. . . q u. u \ \ k ui Ln E § 2 f \ � V . . CDk . V . . . w §� . f OD e \ OD . / Ql- 4/14. ■ - § . . $ � S \ ; o � �� / g § vli- -U� 44 CDM. L � k £ 3 / q £ A $ m . q E D � 7 3 W 2 ƒ a t 2 7 2 Ln LU 3 8.04 Retiree Medical Benefits The following persons are eligible for retiree medical coverage: • Present retirees of the City of La Porte receiving retirement annuities as a qualified annuitant under the Texas Municipal Retirement System • Who have retired in accordance with the City of La Porte Employee Policies Handbook; and were employed by the City of La Porte at the time of their retirement. • Retirees re-employed after retirement from the City of La Porte that have employer sponsored health care coverage available through the new employer may not continue health coverage with the City of La Porte, except for those with 30 years or more tenure with. the City of La Porte. If an employee works 30 years or more with the City of La Porte they may maintain the City of La Porte sponsored health plan as secondary, while working for a new employer offering a health plan option. All applicable costs of the plan will still apply. In the case of Retirees that are reemployed by a new employer, and who subsequently separates employment from the new employer, a one time deferral shall be allowed whereby the retiree may rejoin the City of La Porte health plan as a retiree participant, regardless of age. If a qualifying retiree carried a spouse as a dependent at the time of their initial retirement, a retiree who rejoins the City of La Porte health plan as a retiree participant under the one time deferral may include their spouse as a dependent, consistent with allowances made under Federal COBRA law, Retirees who are self-employed are aligontributionsibylretirees gta the health planal illnesses or will be based onuries the total llnot cost be covered. Ann per employee of the plan to the City. • City employees who retire from City of LaPorte employment on or after January 01, 2006 and o who have a combination of years of service with the City of La Porte, plus age, totaling 80; and o who retire as a qualified annuitant under the Texas Municipal Retirement System; who retire in accordance with the City of La Porte Employee Policies Handbook; who complete at least 20 years of service with the City of La Porte, and are currently employed by the City of La Porte at the time of their retirement. All applicable costs of the Plan will still apply. For those retirees who are self- employed, occupational illnesses or injuries shall not be covered. Annual contributions by retirees to the health plan will be based on a cost schedule determined by years of service, as established under Section 5, "Premiums", of this chapter. City employees meeting the eligibility requirements for disability retirement under the Texas Municipal Retirement System Act and have been declared permanently disabled under the Social Security Act, and have elected to receive Medicare, Parts A and B, shall be eligible for medical benefits, which shall be secondary to Medicare benefits, provided they have worked for the City of La Porte for ten (10) continuous years at the time of disability determination. Costs associated with retirement under this tier shall be 75% of the city cost. The retiree and dependent coverage will be primary for those participants not yet qualified for Medicare. The coverage will be secondary for those retirees and retirees' dependents who are Medicare eligible. The Retiree and dependent coverage will be secondary for Retirees with 30 or more years tenure with the City of La Porte, who have employer sponsored health coverage mailable through their new employer, or for retirees reemployed with the City of La Porte, as hereinabove provided. If a covered retiree dies, dependents may continue coverage until the earlier of the date the surviving spouse remarries, obtains group insurance, or becomes entitled to Medicare, or until any unmarried children financially dependent upon the covered retiree is 25 years of age. Surviving dependents shall pay the appropriate contribution toward dependent coverage as established in this chapter. Retirees who work for another employer offering health coverage shall not be eligible for retiree health coverage from the City after their subsequent employment ends, regardless of the length of service with the subsequent employer. Retirees who delay their retirement annuity shall not be eligible for retiree health coverage from the Gity. Premiums: The City of La Porte utilizes a self -funded medical plan so there are no formal premiums paid for health coverage. Each year, during the budget process, an amount is determined for each employee to cover claims and administration of the medical fund. The Total Plan Cost is the Total annual dollar allocated each year by budget as approved by City Council for the City of La Porte for Health Insurance for each employee, including employee and employer contributions. Costs to the retiree, retiring on or after January 01, 2006, shall be based on a cost schedule determined by years of service, outlined below. Under this schedule, a retiree pays a percentage of the city's contribution to the plan participant's health coverage, based on years of service, but pays the entire cost of dependent coverage, regardless of years of service. As mandated by Texas Local Government Code Chapter 175, City employees meeting eligibility requirements under the Texas Municipal Retirement System Act to receive retirement benefits, may, regardless of age or years of service with the City, purchase at their own expense, the combined City and employee cost of continued health benefits coverage for the employee and the employee's dependents, unless the employee is eligible for group health benefits coverage through another employer. To purchase continued health benefits coverage the employee must inform the City of their election not later than the day on which the employee retires from the City. A person who elects to purchase continued coverage who subsequently discontinues coverage, is no longer eligible for coverage; likewise, a dependent for whom coverage is discontinued is no longer eligible for continued coverage. A person who was not covered under the employee's plan at the time of retirement is not eligible for continued coverage. The City may substitute Medicare supplemental health benefits coverage as the coverage provided to a retiree under this section, including a dependent, after the date the retiree becomes eligible for federal Medicare benefits. Eligible dependents include: Your lawful spouse who is legally married to and living with you; natural children; stepchildren; children who, before reaching the age of 18, are either adopted by you; Or other children for whom you have care, custody and control under court decree. A dependent child must be unmarried and rely on you for primary support and maintenance. Dependent children remain eligible until age 25 as long as they are enrolled as a full -tittle student. Death of an Employee An employee who would have. otherwise. qualified for Retiree: Medical Coverage, but dies prior to their retirement, will be allowed.to continue coverage for dependents who were covered: at the time of the.Retiree's death under this policy until the earlier -of the date- the: surviving spouse remarries, obtains group ins6tance, or becomes entitled: to Medicare,. or until a'n' u'nmar ed children financially dependent upon the.. covered retiree. is. 26 yearn of age. Surviving dependents shall pay the appropriate contribution toward dependent coverage as established in this chapter. Retirees may not add dependents once retired. There are no qualifying events to add dependents. Dependents may be dropped by written request at any time. Retirees shall pay all required contributions to the City by the 15"' of the month of coverage. One annual statement will be mailed to retirees for selection of payment plan: annual, bi-annual, quarterly or monthly. Failure to pay the required contribution will result in termination of the member's participation in the City of La Porte sponsored health plan. Payment delayed beyond 60 days will initiate COBRA notification for continuation of health coverage once the member is terminated from the Plan. Yearn of Service Percentage,. Retiree Pays 20 60% of the Total Plan Cost + dependent coverage 21 55% of the Total Plan Cost + dependent coverage 22 50% of the Total Plan Cost + dependent coverage 23 45% of the Total Plan Cost + dependent coverage 24 40% of the Total Plan Cost + dependent coverage 25 35% of the Total Plan Cost + dependent coverage 26 30% of the Total Plan Cost + dependent coverage 27 25% of the Total Plan Cost + dependent coverage 28 20% of the Total Plan Cost + dependent coverage 29 15% of the Total Plan Cost + dependent coverage 30 4 Q% of the TMAI PIRA C96t + , .,,,..e 9pe—i-jent Active Em lo. ee Dependent Rate ORDINANCE NO.2004-2781-C AN ORDINANCE ADOPTING AN AMENDMENT TO THE CITY OF LA PORTE EMPLOYEE POLICIES HANDBOOK BY AMENDING SECTION 9A, "RETIREE MEDICAL COVERAGE"; PROVIDING FOR THE TERMS AND CONDITIONS OF RETIREE MEDICAL COVERAGE; PROVIDING AN EFFECTIVE DATE OF SAID AMENDMENT; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS ACT; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City of La Porte Employee Policies Handbook is hereby amended, by amending Section 9A, "Retiree Medical Coverage", as shown on Exhibit A attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. If any provisions, section, subsection, sentence, clause, or phrase of this ordinance or amendment of the City of La Porte Employee Policies Handbook hereby adopted, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this Ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this new Ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fall by reason of any constitutionality, voidness or invalidity of any other portion hereof, and all provisions of this Ordinance are declared to be severable for that purpose. . 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 is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Chapter 551, Tx. Gov't 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. Except as amended by this ordinance, Section 9A, "Retiree Medical Coverage", of the City of La Porte Employee Policies Handbook, shall remain in full force and effect. 2 Section 5. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. Passed and Approved this �kdayof 0,620-dUL , 2006. CITY OF LA PORTE By:1 Alton E. Porter, Mayor ATTEST: '-� .City/ Martha Gillet, City Secretary APPROVED: / � �Ae -7- , ", ,, - " — Claris T. Askins, Assistant City Attorney (,Off�eded Ve-WCA) i 4-0)� &6s�e) -A.e mac l �p g �� Cou n & Exhibit A 9 A Retiree Medical Coverage 1. The following persons are eligible for retiree medical coverage: A. Present retirees of the City of La Porte receiving retirement annuities as a qualified annuitant under the Texas Municipal Retirement System, who have retired in accordance with the City of La Porte Employee Policies Handbook; and were employed by the City of La forte at the time of their retirement. Retirees re-employed after retirement from the City of La Porte that have employer sponsored health care coverage available through the new employer may not continue health coverage with the City of La Porte, except for those with 30 years or more tenure with the City of La Porte. If an employee works 30 years or more with the City of La Porte they may maintain the City of La Porte sponsored health plan as secondary, while working for a new employer offering a health play option. All Retirees who are self- employed are eligible for medical coverage, but occupational illnesses or injuries shall not be covered. Annual contributions by retirees to the health plan will be based on current active employee/dependent rates. B. City employees who retire from the City of La Porte employment on or before December 31, 2005, as a qualified annuitant under the Texas Municipal Retirement System; who retire in accordance with the City of La Porte Employee Policies. Handbook; who complete at least 10 years of service with the City of La Porte, and are currently employed by the City of La Porte at the time of their retirement. Retirees re- employed after retirement from the City of La Porte that have employer sponsored health care coverage available through the new employer may not continue health coverage with the City of La Porte, except for those with 30 years or more tenure with the City of La Porte. If an employee works 30 years or more with the City of La Porte they may maintain the City of L'a Porte sponsored health plan as secondary, while working for a new employer offering a health�lan option. All applicable costs of the plan will still aDvIv. C. Retirees who are self-employed are eligible for medical �'' , _ - - coverage, but occupational illnesses or injuries shall not be covered. Annual contributions by retirees to the health plan will be based on current active employee/dependent rates. City employees who retire from City of La Porte employment on or after January 01, 2006 and (1) who have a combination of years of service with the City of La Porte, plus age, totaling 80; and (2) who retire as a qualified annuitant under the Texas Municipal_ Retirement System; who retire in accordance with the City of La Porte Employee Policies Handbook; who complete at least 20 years of service with the City of La Porte, and are currently employed by the City of La Porte at the time of their retirement. Retirees re-employed after retirement from the City of La Porte that have employer sponsored health care coverage available through the new employer may not continue health coverage with the City of La Porte, except for those with 30 years or more tenure with the City of La Porte, or,for retirees re-employed with the City of La Porte. If an employee works 30 years or more with the City of La Porte they may maintain the City of La Porte sponsored health plan as secondary, while working for a new employer offering a �t3x1A. All applicable costs of the Plan will still apply. For those retirees who are self-employed, occupational illnesses or injuries shall not be covered. Annual contributions by retirees to the health plan will be based on a cost schedule determined by years of service, as established under Section S, "Premiums", of this chapter. D. City employees meeting the eligibility requirements for (1) disability retirement under the Texas Municipal Retirement System Act and (2) have been declared permanently disabled under the Social Security Act, and have elected to receive Medicare, Parts A and B, shall be eligible for medical benefits, which shall be secondary to Medicare benefits, provided they have worked for the City of La Porte for ten (10) continuous years at the time of disability determination. Costs associated with retirement under this tier shall be 7 5 % of the city cost. 2. The retiree and dependent coverage will be primary for those participants not yet qualified for Medicare. The coverage will be secondary for those retirees and retirees' dependents who are Medicare eligible. The Retiree and dependent coverage will be secondary for Retirees with 30 or more years tenure with the City of La Porte, who have employer sponsored health coverage available through their new employer. If a covered retiree dies, dependents may continue coverage until the earlier of the date the surviving spouse remarries, obtains group insurance, or becomes entitled to Medicare, or until any unmarried children financially dependent upon the covered retiree is 25 years of age. Surviving dependents shall pay the appropriate contribution toward dependent coverage as established in this chapter. ,etirees who work for another employer offering health coverage shall not be eligible for retiree health coverage from the City after their subsequent employment ends, regardless of the length of service with the subsequent 4. Retirees who delay their retirement annuity shall not be eligible for retiree health coverage from the City. 5. Premiums: The City of LaPorte utilizes a self -funded medical plan so there are no formal premiums paid for health coverage. Each year, during the budget process, an amount is determined for each employee to cover claims and administration of the medical fund. Costs to the retiree, retiring on or after January 01, 2006, shall be based on a cost schedule determined by years of service. o l�ri c e'lfl _ ri ler ftii At least 20 years of service At least 21 years of service At least 22 years of service Retiree pays 60% of city cost + Dependent premiums Retiree pays 55% of city cost + Dependent premiums Retiree pays 50% of city cost + Dependent premiums At least 23 years of service At least 24 years of service At least 25 years of service At least 26 years of service At least 27 years of service At least 28 years of service At least 29 years of service At least 30 years of service Retiree pays 45% of city cost + Dependent premiums Retiree pays 40% of city cost + Dependent premiums Retiree pays 35% of city cost + Dependent premiums Retiree pays 30% of city cost + Dependent premiums Retiree pays 25% of city cost + Dependent premiums Retiree pays 20% of city cost + Dependent premiums Retiree pays 15% of city cost + Dependent premiums Retiree pays 10% of city cost + Dependent premiums Eligible dependents include: Your lawful spouse who is legally married to and living with you; natural children; stepchildren; children who, before reaching the age of 18, are either adopted by you; or other children for whom you have care, custody and control under court decree. A dependent child must be unmarried and rely on you for primary support and maintenance. Dependent children remain 6_ Retirees may not add dependents once retired. There are no qualifying events to add dependents. Dependents may be dropped by written request at any time. 7. Retirees shall pay all required contributions to the City by the 15tn of the month of coverage. One annual statement will be mailed to retirees for selection of payment plan: annual, bi-annual, quarterly or monthly. Failure to pay the required contribution will result in termination of the member's participation in the City of La Porte sponsored health plan. Payment delayed beyond 60 days will initiate COBRA notification for continuation of health coverage once the member is terminated from the Plan. IX. RETIREE MEDICAL COVERAGE Exhibit A 9 A Retiree Medical Coverage 1. The following persons are eligible for retiree medical coverage: A. Present retirees of the City of Le Porte receiving retirement annuities as a qualified annuitant under the Texas Municipal Retirement System, who have retired in accordance with the City of La Porte Employee PoliciesHandbook; and were employed by the Ci of La Porte at the time of their retirement. Retirees re-employed after retirement from the City of La Porte that have employer sponsored health care coverage available through the new em to er may not continue health Coverage with the City of La Porte, except for those with 30 years or more tenure with the gLty of La Porte. if an employee works 30 years or more with the City of La Porte they may maintain the City of La Porte sponsored health plan as secondary, which working for a new employer offering a health plan option. All applicable costs of the plan will still apply. In the case of Retirees that are reemployed by a new employer, and who subsequently retire from the new em to er a one time deferral shall be allowed whereby the retiree may reioin the City of La Porte health plan as a retiree participant, re ardless of age. If a quaffying retiree can7ed a :spouse as a dependant at the time of their initial retirement, a retiree who reioins the City of La Porte healthwlan as_a retiree _par icipant under the one time deferral may include theirs ouse as a dependant, consistent with allowances made under Federal COBRA law. Retirees who are self-employed are eligible for medical covera a but occupational illnesses or in "uries shall not be covered. Annual contributions by retirees to the health plan will be based on current active employee/dependent rates. B. City employees who retire from the City of La Porte employment on or before December 31, 2005, as a qualified annuitant under the Texas Municipal Retirement System; who retire in accordance with the City of La Porte Employee Policies Handbook; who complete at least 10 years of service with the City of La Porte, and are currently employed by the City of La Porte at the time of their retirement. Retirees re-employed after retirement from the City of La Porte that have employer sponsored health care coverage available through the new employer may not continue health coverage with the City of La Porte, except for those with 30 years or more tenure with the City of La Porte. If an employee works 30 years or more with the City of La Porte they may maintain the City of La Porte sponsored health plan as secondary, which working for a new employer offering a health plan option. All applicable costs of the plan will still apply. In the case of Retirees that are reemployed by a new employer, and who subsequently retire from the new employer, a one time deferral shall be allowed whereby the retiree may rejoin the City of La Porte health plan as a retiree participant, regardless of age. If a qualifying retiree carried a spouse as a dependant at the time of their initial retirement, a retiree who rejoins the City of La Porte health plan as retiree participant under the one time deferral may include their spouse as a dependant, consistent with allowances made under Federal COBRA law. Retirees who are self-employed are eligible for medical coverage, but occupational illnesses or injuries shall not be covered. Annual contributions by retirees to the health plan will be based on current active employee/dependent rates. C. City employees who retire from City of La Porte_ employment on or after Jams DI 2006 and (1) who have a combination of ears of service with the City of La Porteplus age, totalin 80: and 2 who retire as a gualffled annuitant under the Texas Municipal Retirement System: who retire in accordance_ with the M of La Porte Employee Policies Handbook who com fete at least 20 years of service with the City of La Pone, and are currently employed by the City of La Porte at the time of their retirement. Retirees re-em to ed after retirement from the Cif of La Porte that have a Moyer sponsored health care coverage available through the new employer may not continue health coverage with the City of La Porte, except for those_ with 30 years or more tenure with the City of La Porte, or for retirees re- employed with the City of La Porte. if an emploWe works 30 ,years or more with the City of La Porte_ they may maintain the Qj& of La Porte s onsored health plan as secondam while working for a new employer offering a health_ plan option. In the case of Retirees that are reemployed by a new employer. and who subseguently retire from the new employer, a one time deferral shall be allowed whereby the retiree -may rejoin the City of La Porte health plan as a retiree participant, regardless of sae. If a qualifying retiree carried a spouse as a dependant of the time of their initial retirement, a retiree who rejoins the City of La Porte health plan as retiree pajfLcipant under the one time deferral may include their spouse as a dependant _consistent with allowances made under Federal COBRA law. All applicable costs of the Plan will still apl2ly. For those retirees who are self- em to ed occu ational illnesses or in'udes shall not be covered. Annual contributions by retirees to the health elan will be based on a cost schedule determined by years of service as established under Section 5 "Premiums" of this chal2ter. D. City employees meeting the eligibility requirements for (1) disability retirement under the Texas Municipal Retirement System Act and (2) have been declared permanently disabled under the Social Security Act, and have elected to receive Medicare, Parts A and B, shall be eligible for medical benefits, which shall be secondary to Medicare benefits, provided they have worked for the City of La Porte for ten (10) continuous years at the time of disability determination. Costs associated with retirement under this tier shall be 75% of the city cost. 2. The retiree and dependent coverage will be primary for those participants not yet qualified for Medicare. The coverage will be secondary for those retirees and retirees' dependents who are Medicare eligible. The Retiree and dependant coverage will be secondary for Retirees with 30 or more years tenure with the City of La Porte, who have employer sponsored health coverage available through their new employer, or for retirees reemployed with the City of LaPorte, as hereinabove provided. If a covered retiree dies, dependents may continue coverage until the earlier of the date the surviving spouse remarries, obtains group insurance, or becomes entitled to Medicare, or until any unmarried children financially dependent upon the covered retiree is 25 years of age. Surviving dependents shall pay the appropriate contribution toward dependent coverage as established in this chapter. 3. Retirees who work for another employer offering health coverage shall not be eligible for retiree health coverage from the City after their subsequent employment ends, regardless of the length of service with the subsequent employer. 4. Retirees who delay their retirement annuity shall not be eligible for retiree health coverage from the City. 5. Premiums: The City of LaPorte utilizes a self -funded medical plan so there are no formal premiums paid for health coverage. Each year, during the budget process, an amount is determined for each employee to cover claims and administration of the medical fund. The Total Plan Cost is the Total annual dollar allocated each year by budget as approved by City Council for the City of La Porte for Health Insurance for each employee, including employee and employer contributions. Costs to the retiree refffing on or after Janualy 01 2006 shall be based on a cost schedule determined by years of service outlined below. Under this schedule, a retiree pays a percentage of the city's Total Plan Cost based on Wars of service but pays the entire cost of dependant covers - a, re ardless of years of service. At least 20 vears of service Retiree Days 60% of city cost Dependent premiums At least 21 years of service _+ Retiree 12ays 55% ofcity cost + Dependent premiums At least 22 years of service Retiree pays 50% of city cost + De endent premiums At least 23 ygars of service Retiree pays 45% of ci4l cost + Dependent premiums At least 24 years of service Retiree 12ays 40% of city cost + Dependent remiums At least 25 years of service Retiree pan 35% of city cost + Dependent premiums _ At least 26 years of -service Retiree pays 30% of city cost + Dependent premiums At least 27 years of service Retiree paLs 25% of city cost + Dependent premiums At least 2 wears of service Retiree pays 20% of city cost + Dependent premiums At least 29 years of service Retiree paYs 15 % of city cost + Dependent premiums At least 30 years of service Retiree pays 10% of city cost + Dependent premiums Eligible dependents include: Your lawful spouse who is legally married to and living with you: natural children, stepchildren: children who, before reaching the ache of 18, are either adopted by you: or other children for whom you have care, custody and control under court decree. A dependent child must be -unmarried and rely on you for primary support and maintenance. Dependent children remain eligible until age 25. 6. Retirees may not add dependents once retired. There are no qualffylna events to add dependents. Dependents may be dropped by written request at any time. 7. Retirees shall pay all required contributions to the City by the le of the month of coverage. One annual statement will be mailed to retirees for selection of paymen-plan: annual, bi-annual, quarterly or monthfy. Failure to 12ay the re uired contribution will result in termination of the member's participation in the City of La Porte sponsored health plan. Payment delayed beyond 60 days will initiate COBRA notification_ for continuation of health coverage once the member is terminated from the Plan. ORDINANCE NO. 2004-2781-,B AN ORDINANCE ADOPTING AN AMENDMENT TO THE CITY OF LA PORTE EMPLOYEE POLICIES HANDBOOK BY AMENDING SECTION 9A, "RETIREE MEDICAL COVERAGE", PROVIDING FOR THE TERMS AND CONDITIONS OF RETIREE MEDICAL COVERAGES PROVIDING AN EFFECTIVE DATE OF SAID AMENDMENTI PROVIDING A SEVERABILITY CLAUSEt FINDING COMPLIANCE WITH THE OPEN MEETINGS LAWr AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City of La Porte Employee Policies Handbook is hereby amended, by amending Section 9A, "Retiree Medical Coverage" in form attached hereto as Exhibit "A", incorporated by reference herein, and made a part hereof for all purposes. Section 2. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance or amendment of the City of La Porte Employee Policies Handbook hereby adopted, shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this ordinance, or said Employee Policies Handbook, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. 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 as of October 1, 2006, and it is to ordered. PASSED AND APPROVED, this 11th day of September, 2006. ATTEST: 4a#a A. Gillett City Secretary APP VE : Clar Askins Assistant City Attorney C Y OF LATE By:.1 b- Alton E. Porter Mayor ki Exhibit A 9 A Retiree Medical Coverage 1. - The following persons are eligible for retiree medical coverage; A. Present retirees of the City of La Porte receiving retirement annuities as a qualified annuitant under the Texas Municipal Retirement System, who have retired in accordance with the City of La Porte Employee Policies Handbook; and were employed by the City of La Porte at the time of their retirement. Retirees re-employed after retirement from the City of La Porte that have employer sponsored health care coverage available through the new employer may not continue health coverage with the City of La Porte unless re-employed with the City of LaPorte. Retirees who are self-employed are eligible for medical coverage, but occupational illnesses or injuries shall not be covered. Annual contributions by retirees to the health plan will be based on current active employceldependent rates. B. City employees who retire from the City of La Porte employment on or before December 31, 2005, as a qualified annuitant under the Texas Municipal Retirement System; who retire in accordance with the City of La Porte Employee Policies Handbook; who complete at least 10 years of service with the City of La Porte, and are currently employed by the City of La Porte at the time of their retirement. Retirees re- employed after retirement from the City of LaPorte that have employer sponsored health care coverage available through the new employer may not continue health coverage with the City of La Porte, unless re-employed with the City of La Porte. Retirees who are self- employed are eligible for medical coverage, but occupational illnesses or injuries shall not be covered. Annual contributions by retirees to the health plan will be based on current active employee/dependent rates. C. City employees who retire from City of La Porte employment on or after January 01, 2006 and (1) who have a combination of years of service with the City of LaPorte, plus age, totaling 80; and (2) who retire as a qualified annuitant under the Texas Municipal Retirement System; who retire in accordance with the City of La Porte Employee Policies Handbook; who complete at least 20 years of service with the City of La Porte, and are currently employed by the City of La Porte at the time of their retirement. Retirees re-employed after retirement from the City of La Porte that have employer sponsored health care coverage available through the new employer may not continue health coverage with the City of La Porte, except for those with 30 years or more tenure with the City of La Porte, or for retirees re-employed with the City of LaPorte. if an employee works 30 years or more with the City of La Porte they may maintain the City of La Porte sponsored health plan as secondary, while working for a new employer offering a health plan option. All applicable costs of the Plan will still apply. For those retirees who are self-employed, occupational illnesses or injuries shall not be covered. Annual contributions by retirees to the health plan will be based on a cost schedule determined by years of service, as established under Section 5, "Premiums", of this chapter. D. City employees meeting the eligibility requirements for (1) disability retirement under the Texas Municipal Retirement System Act and (2) have been declared permanently disabled under the Social Security Act, and have elected to receive Medicare, Parts A and B, shall be eligible for medical benefits, which shall be secondary to Medicare benefits, provided they have worked for the City of La Porte for ten (10) continuous years at the time of disability determination. Costs associated with retirement under this tier shall be 75% of the city cost. 2. The retiree and dependent coverage will be primary for those participants not yet qualified for Medicare. The coverage will be secondary for those retirees and retirees' dependents who are Medicare eligible. If a covered retiree dies, dependents may continue coverage until the earlier of the date the surviving spouse remarries, obtains group insurance, or becomes entitled to Medicare, or until any unmarried children financially dependent upon the covered retiree is 25 years of age. Surviving dependents shall pay the appropriate contribution toward dependent coverage as established in this chapter. 3. Retirees who work for another employer offering health coverage shall not be eligible for retiree health coverage from the City after their subsequent employment ends, regardless of the length of service with the subsequent employer. 4. Retirees who delay their retirement annuity shall not be eligible for retiree health coverage from the City. 5. Premiums: The City of La Porte utilizes a self -funded medical plan so there are no formal premiums paid for health coverage. Each year, during the budget process, an amount is determined for each employee to cover claims and administration of the medical fund. f Costs to the retiree, retiring on or after January 01, 2006, shall be based on a cost schedule determined by years of service: At least 20 years of service Retiree pays 60% of city cost + Dependent premiums At least 21 years of service Retiree pays 55% of city cost + Dependent premiums At least 22 years of service Retiree pays 50% of city cost + Dependent premiums At least 23 years of service At least 24 years of service At least 25 years of service At least 26 years of service At least 27 years of service At least 28 years of service At least 29 years of service At least 30 years of service Retiree pays 45% of city cost + Dependent premiums Retiree pays 40% of city cost + Dependent premiums Retiree pays 35% of city cost + Dependent premiums Retiree pays 30% of city cost + Dependent premiums Retiree pays 2 5 % of city cost + Dependent premiums Retiree pays 20% of city cost + Dependent premiums Retiree pays 15% of city cost + Dependent premiums Retiree pays 10% of city cost + Dependent premiums Eligible dependents include: Your lawful spouse who is legally married to and living with you; natural children; stepchildren; children who, before reaching the age of 18, are either adopted by you; or other children for whom you have care, custody and control under court decree. A dependent child must be unmarried and rely on you for primary support and maintenance. Dependent children remain eligible until age 25. 6. Retirees may not add dependents once retired. There are no qualifying events to add dependents. Dependents may be dropped by written request at any time. 7. Retirees shall pay all required contributions to the City by the 15t' of the month of coverage. One annual statement will be mailed to retirees for selection of payment plan: annual, bi-annual, quarterly or monthly. Failure to pay the required contribution will result in termination of the member's participation in the City of La Porte sponsored health plan. Payment delayed beyond 60 days will initiate COBRA notification for continuation of health coverage once the member is terminated from the Plan. CHAPTER 172 EMPLOYEE RETIREE INSURANCE AND BENEFITS BOARD RECOMMENDATIONS TO CITY COUNCIL FROM THURSDAY, AUGUST 10, 2006 MEETING: 1. Recommends that Flexible Spending Accounts with the Debit Cards be added to our plan. 2. We do not recommend the individual Child Premium Load. We could make a 5tb tier in a 4 tier structure with specific language that says dependent children can remain on the insurance to age 25 if they are a student and not married. 3. We do not recommend the 10% Cost Savings with Plan Design Changes 4. Recommends a one-time deferral at the discretion of the Retiree with a spousal provision as outlined in COBRA. Which is: If a Retiree is carrying their spouse at retirement then the spouse could re-enter when the retiree re-enters. S. Recommends that Retiree Over/Under 65 Calculation not be used and remain as it is. 6. Recommends both Incentive Plans as potential Recruitment Incentives with the City Council determining which one it wants to adopt, or a combination of bath. 7. Recommends the current method of making the Retiree Calculations continue with clarification of language regarding City budgeted cost and that the coverage %-discount amount applies only for retirees, not dependents. Also, the proposed Calculator that Neal is developing be implemented to allow any employee to be able to get an estimate of their insurance cost and their dependents cost at the current year budgeted City cost and for one additional year. City of La Porte Interoffice Memorandum TO: Mayor and Council FROM: Debra Brooks Feazelle, City Manager DATE: August 31, 2006 SUBJECT: Insurance Information Please find attached additional information regarding insurance. The information is outlined as follows: 1. Employee Health Services Reconciliation — Spreadsheet and narrative reconciling the City's budgeted amounts to the amounts presented by Neal Welch. 2. Employee Benefits Graph and Explanation — Comparative graph showing merit increases in association to insurance contributions by departments and subsidies from the General- Fund. 3. Enhanced Employee Benefits Proposal — Excerpt from the Budget Workshop presentation. 4. Statement of Revenues for the Insurance Fund — Projected 2006-07 revenues reflect increase of I S% to both City side and employees and retirees, in which the budget was built around. 5. Clarification of Insurance Costs Memo 6. Insurance Charts from Neal Welch regarding Premium and Contribution Projections a. Chart #1 — FY 2005 b. Chart #2 — FY 2006 Original - Increase only to City Contribution c. Chart #3 — FY 2006 Revised with Subsidy Column from General Fund d. Chart #4 — Proposed FY 2007 — Increase in both City Contribution and Employee Contribution Expianation of Reconciliation of the Employee Health Services Budget The attached reconciliation shows how the City's budgeted revenues and expenditures vary froYn Neal Welch's premium and contribution projections. pn the revenue side, the amount sent over for the City's contributions is based on budgeted positions (425 employees and retirees); whereas, on Neal's schedule the amount shown for the City contributions is only for participants in the insurance plans (374 employees and retirees participating). This variance is the non -participatory revenue and amounts to approximately $234,959. The other variance regarding revenues is that Neal does not include an amount for interest earnings. This brings the total variance in revenues to approximately $257,459. On the expenditure side, the City's budget includes '/a of the salary of the Human Resources Manager, consulting costs, and the special programs (Short -Term and Long - Term Disability). These expenditures total $110,099. Neal's spreadsheet includes only the claims administration costs, claims paid and re -insurance premiums. In addition, we have added another $100,000 to the projected insurance claims. Initially, these were budgeted at the midpoint, but the $100,000 was added to reduce the City's potential exposure. This brings the total variance between the City's budgeted expenditures and Neal's numbers to approximately $210,098. The non -participatory revenue is used to cover the costs of the expenditures that are not included in Neal's schedules. Additionally, these revenues are used to contribute to the fund balance. We are projecting that the Insurance Fund will have approximately 60 days of working capital at the end of FY 2007, which is 30 days below the minimum. Lastly, the non -participatory revenues are helping to lower the cost to the employees. Without the inclusion of these revenues, the proposed increases to employees would be much higher. Employee Health Services Reconciliation Revenues Revenue per City $ 2,935,800 Department Contributions per Employee ($6900/Budgeted Full-time Position) 591,908 Employee Contribution 57,500 Retiree Contribution 22,500 Interest �$ 3,597,708 Reconciling Items: , 34959 Non -Participatory Revenue (Net of amount used for Employer Supplement)* 2 * 2,959 500 Interest Revenue 3,340,249 Revenues per Neal Welch **Contributions City sends for positions where employees are not participating in City's Insurance Plan (425 FIT & Retirees less 51 non -participants = 374 employees participating in plan per Neal Welch) Expenditures Expenditures per City $ 19,356 Personal Services (1 /4 of HR Manager) 20,000 Consulting 135,000 Claims Administration 3,093,600 Claims Paid 213,000 Re -insurance Premiums (Stop Loss) 70,742 Special Programs (SIT & LIT Disability, merit) 3,551,698 Reconciling Items: Personal Services (1/4 of BR Manager) 19,356 , 20000 Consulting 70,742 Special Programs (S/T & LIT Disability, merit) 100,000 Additional arnount added by City for Claims 3,341,600 Expenditures per Neal Welch Summary Explanation for Employee Benefits Graph The graph is broken down into 3 categories: 1) the average budgeted merit increase (includes benefits) per employee, 2) the additional insurance subsidies sent from the General Fund to the Insurance Fund — converted to a per employee amount and 3) the department contributions per employee that the City sends over per budgeted position. In FY 2002 and FY 2003, the merit per employee was based on a funding pool of 5% - employees were eligible to receive up to 7.5%, In FY 2004, the merit plan was condensed and the funding pool was reduced to 3% - employees eligible for 0-5%. FY 2004 through FY 2007 is based on a 3% funding pool. In FY 2002, FY 2003 and FY 2006, there were additional subsidies sent over from the General Fund. The total subsidies were $1,500,000, $1,250,000 and $500,000 respectively. In FY 2002 this is equitable to approximately a 15% pay increase; 12% for FY 2003 and 5% in FY 2006. The last category on the graph shows the contribution sent over per budgeted position per year. The City contribution has increased each year as follows: Increase over Dollar Increase Raise Fiscal Year Prior Year per Ern to ee Equivalent 2003 29% $ 1000 3.6% 2004 11 % 500 1.9% 2005 3% 150 0.5% 2006 16.5% 850 3.0% 2007 15% 900 2.2% 2 ham, t~. C � p o O C � C o O p O C C O O C C C ClO p O cl 40 N `� k N ~ N O O N 4L 0 d ■ ® % 2 & f » � » a o CD R e 2 Q % y 2 � R _ � � \ � / \ o 00 \ � S f 2 2 \ � r « M 00 2 e rq k kn 2 w . w r n k \ $ 2 Q 2 ® / k a 2 G � u 7 / k 7 � # N § on § 2 $ / \ ƒ 2 / P. A a City of La Porte Insurance Fund (€114) Statement of Revenues Object Description Employee Health Services 408.04-01 Charges to Departments 408.04-02 Employee Contributions 408.04-03 COBRA Contributions 408.04-04 Retiree Contributions Employee Health Services Subtotal Administrative Transfers: 480.01-01 'Transfer from General Fund 480.01-02 Transfer from Utility Fund 480,01-08 Transfer from Sylvan Beach Fund 480.01-10 Transfer from Airport Fund 480.01-16 Transfer from LPAWA Fund 480.01-23 Transfer from Computer Fund 480.01-24 Transfer from Vehicle Maintenance Fund 480.01-28 Transfer from Golf Course Fund Administrative Transfers Subtotal Miscelleneous: 410.01-00 Miscellaneous Revenue Miscellaneous Rcvenue Subtotal Interest: 483.01-00 Interest Income Interest Subtotal Total Insurance Fund Actual Budget Revised Projected 2004-05 2005-06 2005-06 2006-07 2,159,339 2,539,214 2,539,214 2,935,800 415,518 531,716 506,007 581,908 88 - - 59,030 50,000 50,000 57,500 2,6 3,974 3,120,930 ,095,221 3,575,208 788,591 677,438 1,177,438 681,549 90,137 77,530 77,530 78,001 4,204 3,616 3,616 3,638 980 843 843 848 2,465 2,120 2,120 2,133 801 689 689 693 25,005 21,508 21,508 21,638 33,451 28,773 28,773 28,947 945,634 812,517 ,312,517 917,447 - 36,030 36,030 - - 36,030 36,030 - 22,508 18,000 44,500 45,000 22,508 18,000 44,5 00 45,000 3,602,116 3,987,477 4,488,268 4,437,655 11 City of La Porte Interoffice Memorandum TO: Mayor and Council FROM: Debra Brooks Feazelle, City Manager DATE: August 31, 2006 SUBJECT: Clarification of Insurance Cost Depending on where you get your information, insurance costs can have different definitions. 1. Ask the Budget Office (Shelley) the cost of insurance — She knows the cost to the budget and she will tell you the "City's contribution" to the Insurance Fund. We also graph this cost each year for City Council. 2. Ask the Insurance Fund Manager (Robert) the cost of insurance He knows the total cost (The "City's contribution" + the "employee's contribution"). This cost is defined as how much money is needed to provide insurance to employees and retirees. 3. The formula — Any confusion regarding the calculation from the schedules can be resolved utilizing the following attached example. S PROBLEM SGLVE➢ Retiree Summary Reports Employee 4 DOB: 12/ 15/1946 Date of Hire: 12f 1011979 Age: 59 Years Years of service: 29 Years Previous service: 0 Years City of LaPorte Total: 29 Years Age of 59 + 29 years of service = 89 points Test 1: 80 points met Test 2: 20 + years of service met If Employee retires after 08/31/06, he would qualify for the retiree health premium discount. The employee has 29 years service. Per the table, he would fall into the 15% discount provision at City cost per each year as calculated by budget + Dependent Coverage if any. What would be the costto this an activeemployeeretired after 08/31 /06? The total cost of his plan as Employee: Dependents: $540.41 $191.60 15% of Employee premium $81.06 + $191.60 = $272.66/Month 4-HRHI hiIC foil 6 nohbI' m� tiO Lp (Ln Ocn a�O OO), N �ta+o N0;0;(D L) aj r (A 66 m (V Lc) N '7 M OPJ 'dti' Ol bu O O Nt O m hr?qT0) m �t co Mr Nt�E.D m N MEf) Iv t�a7 to N cocm CO d• OA LO m h O N 4 !� m r N ti 6 Lf) CO 69 69 Y1 6r UN),O (7 .0 Eft U U ' d O h h P d h h O (D CR O d d d (D (O O C7 h h d Q (D (D C C © O (b C4 d 0 p b' CA r rod [] C o O �rc0 Eo: d 6d9-0 1N" �O Et? r 690L0 EFS '�'" N W N C (b C @ p .O '� r 69 6s r t r �, bg 69 E9 fy 4f3 N v - n U9- Q U €E � U U O Qi d [O Nrco P cQi U w- Cl3 o oOcy�O CD 0 Md ooa �o�NDN Qu07r�7� � �' c N O P m h m 0 N (f} r r N N r N r N N m to ` (.() 0. p 9 6q Y r r 69 69 69 64 69 E,g d3 EH 6'3 ({y Eby N f� U ? E a F� W C6 U U h h h h t� ThT hTnr r r rrr a o 0 E a C T Y Y Y .r +'; Co A) M M r d7 N N N NNNN 6) 01 Q) N d�dN'v I.C) O U a1 p a NNNN dNN Ef3 69 69 69 Ge- 6R} (f'7 69 Q"V - D Q. •C 64 69 69 6`y Eb} 64 fb3 69 4b1O- L- '- W �6 q 'd d (D %Cr _ co T� cc7 (D N 1� W M co Q) (1 d _ uO CO M c�S 9) r N [f7 o — (p C a) En w m T N (P m m c+3 a7 Y Odm,- � cV d I— mM rn m m C T M m � ii COW H} 6'i Sp CO If) S� Eta 6 } 64 f9 (L 63 6F} 64 6i N cm8O N r C a) O U 7 Z W 69 64 69 69 69 C R 16 (p C O D � � N d O � (A 7 N M CON O (� (D O r N M 'It CO N N N sf] M (ti (`3 M r r (r1co (p CX.c] CD C p U) cm as = N E C (a ay i = wNN 2 r T 'O E CD yL B (IJ coco pm - to CD o U 71 � U a) W li t J J 4b LL i. ;E E ai 1 )mtete O i a(n S a aO aOE- m cn a ❑ am d m a)a) w a ? a1 (D o 0 o E 4 0 a 0 Cl T A C) O O T 7. T O OOp 2 ca C b d O O _ 0 ��_. EL CD � a¢Q¢ L 0.OQ0. Y� D' LULU M- aWUjLUul ptuwww pwwLuW N r� y�nsc�v C.5 CDWLUL W a �- U U C. C14 iJ W L� t• u7 0 _ m 3• cri d I N ep�ccool 69, 6-�6v mr- m a oo -'r L` d ►a d L� nL p VD- 69 Or-LU 3 U c 0 0 C 0 C 0oaa U (D 0000 7, O O 0 v 10U) UJo �0 I �tML.- zt m ('Ir �•N C!7 fa 6iMNti P. pj aj V- n n CN Lo LO 6-e V)- �g 414 +ti coNN cjccoo.�CO comr-- MNr� t � � � SNy. U), V* mcoonL cocorn Vf- cqr cfr 14 CN CD rt m mcooN �-mMIr 69- 63 FP3 Vi- 0000 p000 000c� O00L0 0000 CDoo 0000 00000 0aoo0 0000 ���� LotoLOLO LnLDLoUy .. � tDNNM [0�10 N N� L M m tY w V v W -0 (DO_ � m m g E •� O O U LL O co O V IJ. DUIL L] }, d tm 0L)U- V 7+ C• -p `C3 () LO G C� G 7, R C C •� a °3' m w D df d5 LG tp O m ai m'm m N ��CD w m a`�i n m ami a�i a�i c (D ami O O ID Q 4 0 0 Ci 0 0 O 4 L7L II. p 0 0 D¢ y} b4 CL 0 d f3. d R Ebb Q R E E E E E E E E w ELL LLJ w L€.� LLJ u i LLL a Lu Lu ui Lu o ui 111 W Lu LU 7 LL V m 3 LLi 0 Q � D 6 — E F-" W E US r C O U (U Cfl CL o N 'C O . C O U U co 6 E ttt .E W N LL Cl) c'i o Cn to to rr Nl- � a t� to rNI-- l- tt T CO I,- co rn el v, r ti 32 �. NOODttoo� o cm C9 CQ sr[+jrt� . ai to co ai co0)NN 0 s- `�i CD -*000N CC) Co can co 0) E co ID CD co 6% 6% Cf} 63 6F} 6% b4 6% Lo 1+ t- w 69 b i bi tf' CD M CO CO 69 cy 69 63 c T- . 5 bm'r E C a. r C 0 U D co O CV) e7 p C D t0 c o rr N d O ti C7> lqt V- COCO I`t-CDN � dt c� h D CO tp C]i e1- Q CV ci CD C")rti . m 2 CD Di co CAt`N . O t- er CD �OCoN to 0 CO c �.g N CO CD n 6'i e9-NCB � 69NNN � Ct} 6 } 63NNCf)6$ d t F3i 69- W)t t4t 6�3 H3 6 T bP1 cop0 �' CD W- �+Oj C7 C I- o U t 1 cD M (� kD I- CD C*� co 021 U'i r N L? tO m cq 1� m co CA if).> [+ 'd: M N '� ti CD CAILl tL] • r r d' W 1�• r t*7 r rOMN L7+ Oi r '�S' cq NN"I r CL7 m CD N v m � rcA1,- 6�} V:)-b`} (f} H} r Y* r 64 bg vi, r r r bg 6'3' d3 6rt r r c- 671- 64 49� c i cq C0' N It 07 r c 0 IL NA CD C? A d O; O � cq 9 O N rc?N CCCDtoaei ca N O N O -e C W) N N t3 O L6 cV Cis N LO 6 to m V) to CD tt3 co W tci tt7 Csi ti N r fl Ci to m O 7D+ 63 r tf} t- 63 r r r 6�} EF} 64 64 r r r Lai 6F} 63 CV N N 69 bq 63 "V b9 'mot lti D 6'i &9- a •- r c IE c 0 U a c o 0 a o C�CD00 o o o a 0000 o a a c 0000 o 0 0 to 000a a o a 0 c a� o� �o o000 000a 000a 000a 000a CDP Q0 Qoaa 000a C6 cm m E o sa n to U-) to to C, Vt- ul). b} to to u7 to U5- 69 ttr 69. to LO to to 65- W3- V�l E9 to to LO to to ter CaT 6% co m o .0 6� E W 66. � U d Lo CD -* m to 0 CV co 0 <r 1- 0 ti c� C eo m "cr to N pl.: Y cl N i tt cri 0 (D .- fti et) m to CD 0 to E o er ui t0 0 o tci �coC,ltn o to to to to CD OD Cri to u') Csi �NrM Y 0 c o C. :° '- �-rnN o to Co to 0 o 0 a tD CD W) to CD 63 69 G)- tf} tca r` ti t- ft} fie 63 M3 m cq 00 N O p E 6T tf, 69 69 EA Hi try6% 6FJ `P to d O cf) M LO CA CD r to 1C? 1-- fD m ti m Nor N Lr3C14 9 tllrrr Nr d' m U)i � m A A a � c to N D C Ccmc E E y D - C CD CD U IL'�crUL �L. n Cf).CO E O a5 m cu 0 06 cu m m O Cd m m m O ce$ m m ■ Q? W tlt D t w D (D D a) ❑ W tU m 0 13 a] CD D a) t= Dr-W CD r ?.?�+ r ID >1?� �.7Di C4 � T �?i'i+ O D O � 7.T T7� O© D O g Q p N b D 4 Q q C3 O D O M Y4 N LL f7.(RCl0. 0 06Q.D-" y4 Ao.0. C?. +q Q.a0-CL >LULULULd 0u LuLijw 0LUL LUw p1�uE11 w t�D- La o a U L) s; 0 U to r F- o r 000� �D�rn� �v�' � toi m o U, Qom 0co wcv10 C', co o N • " nCOO In h n 164 64 64 69 (o n n n FA 64 69 d3 co w r- ro 64 FR fR EA ro m o� 69 r�i 69 64 n � (r) O _ d3 T � O (!] lD (t] O3 oon+nr 0) CO V" e apa W (D 0 N N n(D V'r O(D(]d N 0 (d ci of c6 (p of co od [R7 t ti o do 6 LD A) h �i ccpp tti "I L() V• S+ L7 V D) 64 64 69 64 64 64 69 64 N 6r4 b} 64 64 N N N 64 F9 LO 64 m ID of m R-'C LI C W O U dy : h O L7 I-- - 0 h N Ol r +� (0 (D v W) co c0 O] Lc) 0. l7 rt r P] f� a0 O 91 N a ... O C co CV O (� V' a6 0 f'� O L(1 ('7 �_ cp Q 0. E co Vi 6N4 N cm ��64� tOt}}'• Fl}(f3 �V} 64 A, 4A 64 O o w W V d = c) � N 0 0 0 0000 c)o 0 0 0 oa o 0 0 0 0 voao a � a 8 m 000`2� Eriui[[v��s(ri j u)iriuiui N uirriLD0 f(7 u>viMM to l � LO V) cD O p if V3 l . LIJ Illf 64 64 [fl b3 Lo 19 (H 64 fF} 1» tf3 EPr 64 d3 U1 uo 6q U n v (i r rt N .— a (ri 0 u) tD rn o tv v N ti t7 a �+ a Q Q L O lei) 0 U LL G Q c U � O U f� u ELU d U li 0co0 ood(a a9,oxrmm cw0 mm W d, D N r v N 61 dl 0 '- dl V W N dl Q1 W W dl W d7 dl W W W dl ❑ d) dl W N dF W dk o M CL n- & -a -& y 0. Q- tl LL y C1 V E E E v E E E E E E E E E E E E W w a)W y W W W W Q W w LU LU O W 31.1 W W 0 G d A V 0 I c O N C C O D W :3 c m + (D dam`] t!7 o N V)C p Q N ow m D N E p () C C (D O` Q •� N ��. C IL L 0. 0 c6 0 0) m E W m ate' .0c (� O O p u C 7 Q W C Z nQOIi R D o LU t- w REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 9-5-06 Requested By:_ Rubert Swanao n Department: Report: Resolution: Ordinance: X Exhibits: Ordinance 2004-2781 Exhibits: Chapter 172 ERIBB Recommendations Exhibits: A ro riation Source of Funds: Medical Fund Account Number: 014-6144-515-6061 Amount Budgeted: Amount Requested Budgeted Item: YES NO SUMMARY & RECOMMENDATION This amendment to Ordinance 2004-2781 would update the language to Exhibit A-5 Premiums to read: The Total Premium Cost is the Total annual dollar allocated each year by budget as approved by City Council for the City of La Porte for Health Insurance for each employee, including employee and employer contributions Action_ Required by Council: Amend Ordinance 2004-2781 authorizing change in language which defines Premium cost allocated by the City of La Porte each year.. Also, City Council action requires action on Chapter 172 ERIBB recommendations from 8-10-06 Meeting. 4 % ",L-), /'Q &D'( 0"-�4_ 4, —x— Date ORDINANCE NO. Aw/ -Alw) -4 AN ORDINANCE ADOPTING AN AMENDMENT TO THIS CITY OF LA PORTE EMPLOYEE POLICIES HANDBOOK BY AMENDING SECTION 9A, "RETIRES MEDICAL COVERAGER■ PROVIDING FOR THE TERMS AND CONDITIONS OF RETIREE MEDICAL COVERAGEy PROVIDING AN EFFECTIVE DATE OF SAID AMENDMENTI * PROVIDING A SEVERABILITY CLAUSE] FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW1 AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City of La Porte Employee Policies Handbook is hereby amended, by amending Section 9A, 'Retiree Medical Coverage", as shown on Exhibit "A" attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section Z. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance or amendment of the City of La Porte Employee Policies Handbook hereby adopted, shall for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, or said Employee Policies Handbook, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. 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. Except as amended by this Ordinance, Section 9A, "Retiree Medical Coverage", of the City of La Porte Employee Policies Handbook, shall remain in full force and effect. Section S. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 9th of May, 2005. ATTEST: Makthk A. Gillett, City Secretary APPR D: r. Knox W. Askins, City Attorney CI OF LA P�iOR By;uxbV. Alton E. Porter, Mayor 2 0 • Exhibit A 9 A Retiree Medical Coverage 1. The following persons are eligible for retiree medical coverage: A. Present retirees of the City of La Porte receiving retirement annuities as a qualified annuitant under the Texas Municipal Retirement System, who have retired in accordance with the City of La Porte Employee Policies Handbook; and were employed by the City of La Porte at the time of their retirement, Retirees re-employed after retirement from the City of La Porte that have employer sponsored health care coverage available through the new employer may not continue health coverage with the City of La Porte, except for those with 30 years or more tenure with the City of La Porte, or for retirees re-employed with the City of La Porte. If an employee works 30 years or more with the City of La Porte they may maintain the City of La Porte sponsored health plan as secondary, while working for a new employer offering a health plan option. All applicable costs of the Plan will still apply. Retirees who are self-employed are eligible for medical coverage, but occupational illnesses or injuries shall not be covered. Annual contributions by retirees to the health plan will be based on current active employee/dependent rates. B, City employees who retire from the City of La Porte employment on or before December 31, 2005, as a qualified annuitant under the Texas Municipal Retirement System; who retire in accordance with the City of La Porte Employee Policies Handbook; who complete at least 10 years of service with the City of La Porte, and are currently employed by the City of La Porte at the time of their retirement. Retirees re- employed after retirement from the City of La Porte that have employer sponsored health care coverage available through the new employer may not continue health coverage with the City of La Porte, except for those with 30 years or more tenure with the City of La Porte, or for retirees re-employed with the City of La Porte. If an employee works 30 years or more with the City of La Porte they may maintain the City of La Porte sponsored health plan as secondary, while working for a new employer offering a health plan option. All applicable costs of the Plan will still apply. Retirees who are self-employed are eligible for medical coverage, but occupational illnesses or injuries shall not be covered. Annual contributions by retirees to the health plan will be based on Current active employee/dependent rates. C. City employees who retire from City of La Porte employment on or after January 01, 2006 and (1) who have a combination of years of service with the City of La Porte, plus age, totaling 80; and (2) who retire as a qualified annuitant under the Texas Municipal Retirement • System; who retire in accordance with the City of La Porte Employee Policies Handbook; who complete at least 20 years of service with the City of La Porte, and are currently employed by the City of La Porte at the time of their retirement. Retirees re-employed after retirement from the City of La Porte that have employer sponsored health care coverage available through the new employer may not continue health coverage with the City of La Porte, except for those with 30 years or more tenure with the City of La Porte, or for retirees re-employed with the City of La Porte, If an employee works 30 years or more with the City of La Porte they may maintain the City of La Porte sponsored health plan as secondary, while working for a new employer offering a health plan option. All applicable costs of the Plan will still apply. For those retirees who are self-employed, occupational illnesses or injuries shall not be covered. Annual contributions by retirees to the health plan will be based on a cost schedule determined by years of service, as established under Section 5, "Premiums", of this chapter. D. City employees meeting the eligibility requirements for (1) disability retirement under the Texas Municipal Retirement System Act and (2) have been declared permanently disabled under the Social Security Act, and have elected to receive Medicare, Parts A and B, shall be eligible for medical benefits, which shall be secondary to Medicare benefits, provided they have worked for the City of La Porte for ten (10) continuous years at the time of disability detemnination. Costs associated with retirement under this tier shall be 75% of the city cost. 2. The retiree and dependent coverage will be primary for those participants not yet qualified for Medicare. The coverage will be secondary for those retirees and retirees' dependents who are Medicare eligible. The Retiree and dependent coverage will be secondary for Retirees with 30 or more years tenure with the City of La Porte, who have employer sponsored health coverage available through their new employer, or for retirees re- employed with the City of La Porte, as herelnabove provided. If a covered retiree dies, dependents may continue coverage until the earlier of the date the surviving spouse remarries, obtains group insurance, or becomes entitled to Medicare, or until any unmarried children financially dependent upon the covered retiree is 25 years of age. Surviving dependents shall pay the appropriate contribution toward dependent coverage as established in this chapter_ 3. retirees who delay their retirement annuity shall not be eligible for.retiree �,,•'' ................. health coverage from the City. 4Premiums. The City of La Porte utilizes a self funded medical plan so there �. are no formal premiums paid for health coverage. Each year, during the Deleted: -#,Retireos who work for another employer offering health coverage shad not be eligible for retiree health coverage from the aty after tbeir subaeguent employment ends, regardless of the length of service with the subsequrnt employer.1 �9 ! Formatted: Bullets and Numbering Formatted: Bullets and Numbering 0 budget process, an amount is determined for each employee to cover claims and administration of the medical fund. Costs to the retiree, retiring on or after January 01, 2006, shall be based on a cost schedule determined by years of service: At least 20 years of service Retiree pays 60% of city cost + Dependent premiums At least 21 years of service Retiree pays 55% of city cost + Dependent premiums At least 22 years of service Retiree pays 50% of city cost + Dependent premiums At least 23 years of service Retiree pays 45% of city cost + Dependent premiums At least 24 years of service Retiree pays 40% of city cost + Dependent premiums At least 25 years of service Retiree pays 35% of city cost + Dependent premiums At least 26 years of service Retiree pays 30% of city cost + Dependent premiums At least 27 years of service Retiree pays 25% of city cost + Dependent premiums At least 28 years of service Retiree pays 20% of city cost + Dependent premiums At least 29 years of service Retiree pays 15% of city cost + Dependent premiums At least 30 years of service Retiree pays 10% of city cost + Dependent premiums Eligible dependents include: Your lawful spouse who is legally married to and living with you; natural children; stepchildren; children who, before reaching the age of 18, are either adopted by you; or other children for whom you have care, custody and control under court decree. A dependent child must be unmarried and rely on you for primary support and maintenance. Dependent children remain eligible until age 25. S�Retirees may not add dependents once retired. There are no qualifying events to add ........(jF , atted: Bullets and Numbering r dependents. Dependents maybe dropped by written request at any time. �GRetirees shall pay all required contributions to the City by the 15`h of the month of ........ rronmatted: Bullets and Numbering coverage One annual statement will be mailed to retirees for selection of payment plan: annual, bi-annual, quarterly or monthly. Failure to pay the required contribution will result in termination of the member's participation in the City of La Porte sponsored health plan. Payment delayed beyond 60 days will initiate COBRA notification for continuation of health coverage once the member is terrninated from the Plan. Exhibit A 9 A Retiree Medical Coverage 1. The following persons are eligible for retiree medical coverage: A. Present retirees of the City of La Porte receiving retirement annuities as a qualified annuitant under the Texas Municipal Retirement System, who have retired in accordance with the City of La Porte Employee Policies Handbook; and were employed by the City of La Porte at the time of their retirement. Retirees re-employed after retirement from the City of La Porte that have employer sponsored health care coverage available through the new employer may not continue health coverage with the City of La Porte, except for those with 30 years or more tenure with the City of LaPorte, or for retirees re-employed with the City of La Porte. if an employee works 30 years or more with the City of La Porte they may maintain the City of La Porte sponsored health plan as secondary, while working for a new employer offering a health plan option. All applicable costs of the Plan will still apply. Retirees who are self-employed are eligible for medical coverage, but occupational illnesses or injuries shall not be covered.. Annual contributions by retirees to the health plan will be based on current active employee/dependent rates. B. City employees who retire from the City of La Porte employment on or before December 31, 2005, as a qualified annuitant under the Texas Municipal Retirement System; who retire in accordance with the City of La Porte Employee Policies Handbook; who complete at least 10 years of service with the City of LaPorte, and are currently employed by the City of La Porte at the time of their retirement. Retirees re- employed after retirement from .the City of LaPorte, that have employer sponsored health care coverage available through the new employer may not continue health coverage with the City of La Porte, except for those with 30 years or more tenure with the City of La Porte, or for retirees re-employed with the City of La Porte. if an employee works 30 years or more with the City of La Porte they may maintain the City of La Porte sponsored health plan as secondary, while working for a new employer offering a health plan option. All applicable costs of the Plan will still apply. Retirees who are self- employed are eligible for medical coverage, but occupational illnesses or injuries shall not be covered. Annual contributions by retirees to the health plan will be based on current active employee/dependent rates. C. City employees who retire from City of La Porte employment on or after January 01, 2006 and (1) who have a combination of years of service with the City of LaPorte, plus age, totaling 80; and (2) who retire as a qualified annuitant under the Texas Municipal Retirement System; who retire in accordance with the City of La Porte Employee Policies Handbook; who complete at least 20 years of service with the City of La Porte, and are currently employed by the City of La Porte at the time of their retirement. Retirees re-employed after retirement from the City of La Porte that have employer sponsored health care coverage available through the new employer may not continue health coverage with the City of La Porte, except for those with 30 years or more tenure with the City of La Porte, or for retirees re-employed with the City of La Porte. If an employee works 30 years or more with the City of La Porte they may maintain the City of La Porte sponsored health plan as secondary, while working for a new employer offering a health plan option. All applicable costs of the Plan will still apply. For those retirees who are self-employed, occupational illnesses or injuries shall not be covered. Annual contributions by retirees to the health plan will be based on a cost schedule determined by years of service, as established under Section 5, "Premiums", of this chapter. D. City employees meeting the eligibility requirements for (1) disability retirement under the Texas Municipal Retirement System Act and (2) have been declared permanently disabled under the Social Security Act, and have elected to receive Medicare, Parts A and B, shall be eligible for medical benefits, which shall be secondary to Medicare benefits, provided they have worked for the City of La Porte for ten (10) continuous years at the time of disability determination. Costs associated with retirement under this tier shall be 75% of the city cost. 2. The retiree and dependent coverage will be primary for those participants not yet qualified for Medicare. The coverage will be secondary for those retirees and retirees' dependents who are Medicare eligible. The Retiree and dependent coverage will be secondary for Retirees with 30 or more years tenure with the City of La Porte, who have employer sponsored health coverage available through their new employer, or for retirees re-employed with the City of La Porte, as hereinabove provided. If a covered retiree dies, dependents may continue coverage until the earlier of the date the surviving spouse remarries, obtains group insurance, or becomes entitled to Medicare, or until any unmarried children financially dependent upon the covered retiree is 25 years of age. Surviving dependents shall pay the appropriate contribution toward dependent coverage as established in this chapter. 3. Retirees who delay their retirement annuity shall not be eligible for retiree health coverage from the City. 4. Premiums: The City of La Porte utilizes a self -funded medical plan so there are no formal premiums paid for health coverage. Each year, during the budget process, an amount is determined for each employee to cover claims and administration of the medical fund. Costs to the retiree, retiring on or after January 01, 2006, shall be based on a cost schedule determined by years of service: At least 20 years of service Retiree pays 60% of city cost + Dependent premiums At least 21 years of service Retiree pays 55% of city cost + Dependent premiums At least 22 years of service Retiree pays 50% of city cost + Dependent premiums At least 23 years of service Retiree pays 45% of city cost + Dependent premiums At least 24 years of service Retiree pays 40% of city cost + Dependent premiums At least 25 years of service Retiree pays 35% of city cost + Dependent premiums At least 26 years of service Retiree pays 30% of city cost + Dependent premiums At least 27 years of service Retiree pays 25% of city cost + Dependent premiums At least 28 years of service Retiree pays 20% of city cost + Dependent premiums At least 29 years of service Retiree pays 15% of city cost + Dependent premiums At least 30 years of service Retiree pays 10% of city cost + Dependent premiums Eligible dependents include: your lawful spouse who is legally married to and living with you; natural children; stepchildren; children who, before reaching the age of 18, are either adopted by you; or other children for whom you have care, custody and control under court decree. A dependent child must be unmarried and rely on you for primary support and maintenance. Dependent children remain eligible until age 25. 5. Retirees may not add dependents once retired. There are no qualifying events to add dependents. Dependents may be dropped by written request at any time. 6. Retirees shall pay all required contributions to the City by the 15th of the month of coverage. One annual statement will be mailed to retirees for selection of payment plan: annual, bi-annual, quarterly or monthly. Failure to pay the required contribution will result in termination of the member's participation in the City of La Porte sponsored health plan. Payment delayed beyond 60 days will initiate COBRA notification for continuation of health coverage once the member is terminated from the Plan. 0 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 5/09/05 Requested By: Sherri Sampomn Department: Report: Resolution: Ordinance: X Exhibits: Retiree Ordinance, Exhibit A Exhibits: Exhibits: ARPropriation Source of Funds: Medical Fund Account Number: 014-6144-515-6061 Amount Budgeted: , 5.3,401215 Amount Requested: -51,401,735 Budgeted Item: YES NO SUMMARY & RECOMMENDATION This item is intended to clarify the original intent of Section 9A, "Retiree Medical Coverage," of the Employee Policies Handbook. As written, only City employees who retire from the City of La Porte on or after January 1, 2006, and have 30 years or more tenure with the City of La Porte, can maintain the City of La Porte sponsored health plan benefits as secondary, while working for a new employer offering a health plan option. The Chapter 172 Employee Retiree Insurance and Benefits Committee would like this document amended so that any retiree from the City of La Porte with 30 years or more tenure with the City of Lo Porte, and meeting all other criteria, can maintain the City of La Porte sponsored health plan benefits as secondary, while working for a new employer offering a health plan option. Action Required by Council: Please consider amending Section 9A of the Employee Policies Handbook. Approved for City Council Agenda De —bra. Feazelle, City Manager J-r03 -0 Date ORDINANCE NO. 2004-,z?K/ AN ORDINANCE ADOPTING AN AMENDMENT TO THE CITY OF LA PORTE EMPLOYEE POLICIES HANDBOOK BY ADDING SECTION 9A, •RETIREE MEDICAL COVERAGEN, PROVIDING FOR THE TERMS AND CONDITIONS OF RETIREE MEDICAL COVERAGE} PROVIDING AN EFFECTIVE DATE OF SAID AYENDMENTI PROVIDING A SEVERABILITY CLAUSHy FINDING COMPLIANCE WITH TER OPEN MEETINGS LAWI AND PROVIDING -AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTS: Section 1. The City of La Porte Employee Policies Handbook is hereby amended, by adding a new Section 9A, "Retiree Medical Coverage" in form attached hereto as Exhibit "A", incorporated by reference herein, and made a part hereof for all purposes. Section S. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance or amendment of the City of La Porte Employee Policies Handbook hereby adopted, shall for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, or said Employee Policies Handbook, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. 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. Ordinance No. 2003-2628, is repealed on the effective date of this Ordinance. Section S. This Ordinance shall be effective as of October I, 2004, and it is so ordered. PASSED AND APPROVED► this 25th of October, 2004. ATTEST: KaYtha A. Gillett, City Secretary APPF,GWD, Knox W. Askins, City Attbrney Cl OF LA PORTE By.. ---- Aiton E. Porter, Mayor 2 zSMCE NO. 2004- oar f0 j 1 AN ORDIRNCE ADOPTM AN TO THE CITY OF LA PORT$ ENBLOYEE POLICIgS HANDBOOK BY ADD33WO SECTION 9A, •RSTI%tES NSDICAL COVSRBGEN, PROVIDING FOR TRI TEPXS AND CONDITIONS OF RETIRE MDICILL COVSRIGL I sEvERAI�ILI g CLIiUSBY FnMINGTCOMPLT.A�TC$ WITS TS TEK IMS LWY ggVSRi�BI AND PROVIDM AN gFg$CTIVB DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City of La Porte Employee Policies Handbook is hereby amended, by adding a new Section 9A, "Retiree Medical Coverage"•in form attached hereto as Exhibit "A", incorporated by reference herein, and made a part hereof for all purposes. Section 3. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance or amendment of the City of La Porte Employee Policies Handbook hereby adopted, shall for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, or said Employee Policies Handbook, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. 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. Ordinance No. 20D3-2628, is repealed on the effective date of this Ordinance. Section S. This Ordinance shall be effective as of October 1, 2004, and it is so ordered. PASSED AND APPROVED, this lath of October, 2004. CITY OF LA PORTE ATTEST: Martha A. Gillett, City Secretary APPR D: Knox W. ASKIns, City Attorney By: Alton E. Porter, Mayor 12 1-1 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 1041-04 Requested By: Sherri Ramp Department: u"'14" j?acnnrP e - Report: Resolution: Ordinance: X Exhibits: Ordinance Exhibits: Exhibit A Exhibits: This is a companion item to #11. ApArOnriatian Source of Funds: Medical Find Account Number: 014-6144-515-6061 Amount Budgeted: 10,4113,735 Amount Requested- C3,401,215 Budgeted Item: YES NO SUNMARY & RECOMMENDATION At the August 11, 2004, Budget workshop meeting the Chapter 172 Board members presented options to contain cost in the Employee health Fund by amending the Retiree Ordinance to affect Eligibility Requirements and Retiree Contributions. By changing the eligibility requirements to the proposed 80 Point rule enrollment can be limited to more affordable number of retirees. Additional changes will limit the City's liability for maintaining health coverage for employees worldng beyond retirement with the City, for other employers offering health coverage. The contribution changes will move the Retiree group to a cost sharing approach where Retirees are contributing a substantial portion of Plan costs. Ac#1on Repaired by Conncit: Adopt an Ordinance authorizing redesign of the Retiree Health Benefit eligibility requirements and contributions. AEvroved for City Canncil AgeBda Debra Feazefle, CDate ity anager M Exhibit A 9 A Retiree Medical Coverage 1. The following persons are eligible for retiree medical coverage: A. Present retirees of the City of La Porte receiving retirement annuities as a qualified annuitant under the Texas Municipal Retirement System, who have retired in accordance with the City of La Porte Employee Policies Handbook; and were employed by the City of La Porte at the time of their retirement. Retirees re-employed after retirement from the City of La Porte that have employer sponsored health care coverage available through the new employ"ay not continue health coverage with the City of La Porte unless re-employed with the City of LaPorte. Retirees who are self-employed are eligible for medical coverage, but occupational illnesses or injuries shall not be covered. Annual contributions by retirees to the health plan will be based on current active employee/dependent rates. B. City employees who retire from the City of La Porte employment on or before December 31, 2005, as a qualified annuitant under the Texas Municipal Retirement System; who retire in accordance with the City of La Porte Employee Policies Handbook; who complete at least 10 years of service with the City of La Porte, and are currently employed by the City of La Porte at the time of their retirement. Retirees re- employed after retirement from the City of La Porte that have employer sponsored health care coverage available through the new employer may not continue health coverage with the City of La Porte, unless re-employed with the City of La Porte. Retirees who are self- employed are eligible for medical coverage, but occupational illnesses or injuries shall not be covered. Annual contributions by retirees to the health plan will be based on current active employee/dependent rates. C. City employees who retire from City of La Porte employment on or after January 01, 2006 and (1) who have a combination of years of service with the City of La Porte, plus age, totaling 80; and (2) who retire as a qualified annuitant under the Texas Municipal Retirement System; who retire in accordance with the City of La Porte Employee Policies Handbook; who complete at least 20 years of service with the City of La Porte, and are currently employed by the City of La Porte at the time of their retirement. Retirees re-employed after retirement from the City of La Porte that have employer sponsored health care coverage available through the new employer may not continue health coverage with the City of LaPorte, except for those with 30 years or more tenure with the City of La Porte, or for retirees re-employed with the City of La Porte. If an employee works 30 years or more with the City of La Porte they may maintain the City of La Porte sponsored 0 0 health plan as secondary, while working for a new employer offering a health plan option. All applicable costs of the flan will still apply. For those retirees who are self-employed, occupational illnesses or injuries shall not be covered. Annual contributions by retirees to the health plan will be based on a cost schedule determined by years of service, as established under Section 5, "Premiums", of this chapter. D. City employees meeting the eligibility requirements for (1) disability retirement under the Texas Municipal Retirement System Act and (2) have been declared permanently disabled under the Social Security Act, and have elected to receive Medicare, Parts A and B, shall be eligible for medical benefits, which shall be secondary to Medicare benefits, provided they have worked for the City of La Porte for ten (10) continuous years at the time of disability determination. Costs associated with retirement under this tier shall be 75% of the city cost. 2. The retiree and dependent coverage will be primary for those participants not yet qualified for Medicare. The coverage will be secondary for those retirees and retirees' dependents who are Medicare eligible. If a covered retiree dies, dependents may continue coverage until the earlier of the date the surviving spouse remarries, obtains group insurance, or becomes entitled to Medicare, or until any unmarried children financially dependent upon the covered retiree is 25 years of age. Surviving dependents shall pay the appropriate contribution toward dependent coverage as established in this chapter_ 3. Retirees who work for another employer offering health coverage shall not be eligible for retiree health coverage from the City after their subsequent employment ends, regardless of the length of service with the subsequent employer. 4. Retirees who delay their retirement annuity shall not be eligible for retiree health coverage from the City. 5. Premiums: The City of La Porte utilizes a self -funded medical plan so there are no formal premiums paid for health coverage. Each year, during the budget process, an amount is determined for each employee to cover claims and administration of the medical fund. Costs to the retiree, retiring on or after January 01, 2006, shall be based on a cost schedule determined by years of service: At least 20 years of service Retiree pays 60% of city cost + Dependent premiums At least 21 years of service Retiree pays 55% of city cost + Dependent premiums At least 22 years of service Retiree pays 50% of city cost + Dependent premiums At least 23 years of service At least 24 years of service At least 25 years of service At least 26 years of service At least 27 years of service At least 28 years of service At least 29 years of service At least 30 years of service 0 Retiree pays 45% of city cost + Dependent premiums Retiree pays 40% of city cost + Dependent premiums Retiree pays 35% of city cost + Dependent premiums Retiree pays 30% of city cost + Dependent premiums Retiree pays 25% of city cost + Dependent premiums Retiree pays 20% of city cost + Dependent premiums Retiree pays 15% of city cost + Dependent premiums Retiree pays 10% of city cost + Dependent premiums Eligible dependents include: Your lawful spouse who is legally married to and living with you; natural children; stepchildren; children who, before reaching the age of 18, are either adopted by you; or other children for whom you have care, custody and control under court decree. A dependent child must be unmarried and rely on you for primary support and maintenance. Dependent children remain eligible until age 25. 6. Retirees may not add dependents once retired. There are no qualifying events to add dependents. Dependents may be dropped by written request at any time. 7. Retirees shall pay all required contributions to the City by the 15th of the month of coverage. One annual statement will be mailed to retirees for selection of payment plan: annual, bi-annual, quarterly or monthly. Failure to pay the required contribution will result in termination of the member's participation in the City of La Porte sponsored health plan. Payment delayed beyond 60 days will initiate CO$RA notification for continuation of health coverage once the member is terminated from the Plan. ORDINANCE NO. 2000- A409 AN ORDINANCE ADOPTING AN AMENDMENT TO THE CITY OF LA PORTE MEDICAL PLAN; BY PROVIDING FOR THE TERMS AND CONDITIONS OF RETIREE MEDICAL COVERAGE; PROVIDING AN EFFECTIVE DATE OF SAID AMENDMENT; PROVIDING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City of Medical Plan is hereby amended, by adding the terms and conditions of "Retiree Medical Coverage" in form attached hereto as Exhibit "A", incorporated by reference herein, and made a part hereof for all purposes. Section 2. The "Retiree Medical Coverage" provisions, as contained in this Ordinance, shall be effective January 1, 2000. Section 3. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance or amendment of the City of La Porte Personnel Policy Manual hereby adopted, shall for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, or said Personnel Policy Manual, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part. thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 4. 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 S. Ordinance No. 99-2369, is repealed on the effective date of this Ordinance. Section 6. This Ordinance shall be effective January 1, 2000, and it is so ordered. PASSED AND APPROVED, this 22nd of May, 2000. CIW OF LA PORTE By: A�m 2 Orman L. Ma one, Mayor ATTEST: Mar ha . Gillett, City Secretary APP r 614X�l Knox W. Askins, City Attorney 2 RETIREE MEDICAL COVERAGE Retiree medical coverage outlined below shall have an effective date of ,January 01, 2000. ELIGIBILITY Medical Plan shall be changed as follows: Disability retirement requires at least five (5) years of service. The retiree and retiree dependent coverage will be primary for those participants not yet qualified for Medicare. The coverage will be secondary for those retirees and retirees' dependents who are Medicare eligible' If a covered retiree dies, dependents may continue coverage until the earliest of the date the surviving spouse remarries, obtains group insurance, or becomes entitled to Medicare. NUNN, W ME r> For those retirees who are actively employed and have employer sponsored health care coverage available through their employer, the retiree health benefit through the City shall cease. For those retirees who are self-employed, occupational illnesses or injuries -` shall not be covered. ,,,, i-teaAINO Bed 1, PREMIUMS The City of La Porte utilizes a self -funded medical plan so there are no formal premiums paid for health insurance. Each year, during the budget process, an amount is determined for each employee to cover claims and administration of the medical fund., Costs to the retiree shall be based on a -two tier plan: Tier 1 The percentages paid by the retiree shall be based on the budgeted amount discussed in paragraph one of this section. Years of Service with La Porte Retiree Cost City Cost Dependent coverage shall be charged at the active dependent rate. Tier 2 Any employee meeting the eligibility requirements for disability retirement under the Texas Municipal Retirement System Act shall be eligible for medical benefits, provided they have worked for the City of La Porte for five (5) continuous years. Costs associated with retirement under this tier shall be the same as Tier 1, with the addition of: At least 5 but less than 10. retiree cost shall be 75%. Dependent coverage shall be charged at the active employee rate. ♦ Eligible dependents include: your lawful spouse who is legally married to and living with you; natural children; stepchildren; children who, before reaching the age of 18, are either adopted by your or placed in your home for adoption; or other children for whom you have care, custody and control under court decree. A dependent child must be unmarried and rely on you for primary support and maintenance. Dependent children remain eligible until age 19, or until age 25 if enrolled as a full- time student in a university, college, vocational or secondary school. A dependent child under the age of 25 who has graduated from a university, college, vocational or secondary school but has not become gainfully employed will be covered for an additional 2 months from graduation. 0 0 ORDINANCE NO. 99-1301 AN ORDINANCE ADOPTING AN AMENDMENT TO THE CITY OF LA PORTE MEDICAL PLAN; BY PROVIDING FOR THE TERMS AND CONDITIONS OF RETIREE MEDICAL COVERAGE; PROVIDING AN EFFECTIVE DATE OF SAID AMENDMENT; PROVIDING A SEVERAHILITY CLAUSE; FINDING COMPLIANCE PITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. i BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City of Medical Plan is hereby amended, by adding the terms and conditions of "Retiree Medical Coverage" in form attached hereto as Exhibit "A", incorporated by reference herein, and made a part hereof for all purposes. Section 2. The "Retiree Medical Coverage" provisions, as contained in this Ordinance, shall be effective January 1, 2001. Section 3. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance or amendment of the City of La Porte Personnel Policy Manual hereby adopted, shall for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, or said Personnel Policy Manual, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 4. 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 5. This Ordinance shall be effective January 1, 2001, and it is so ordered. PASSED AND APPROVED, this 13th day of December, 1999. ATTEST: a tha A. Gillett, City Secretary Knox W. Askins, City Attorney y CTT OF LA PORTE By: T1:4 NA man L. alo e, Mayor 2 • EXHIBIT A i RETIREE MEDICAL COVERAGE ELIGIBILITY Medical Plan shall be changed as follows: "You may also participate in this plan if you are a retiree of the City of La Porte receiving retirement annuities as a qualified annuitant under the Texas Municipal Retirement System and have completed at least 3 consecutive years of service with La Porte immediately, PREMIUMS The City of La Porte utilizes a self funded medical plan so there are no formal premiums paid for health insurance. Each year, during the budget process, an amount is determined for each employee to cover claims and administration of the medical fund. The current amount is $4,500 per employee. Costs to the retiree shall be based on a three tier plan: The first tier shall be based on a point system consisting of a combination of age and continuous years of service with the City of La Porte. Qualification for this coverage requires age and years of service to total at least 80. The City will pay 100% of coverage for eligible retirees. The retiree shall be responsible for paying for dependent coverage at the active employee rate. Example: New hire at 20 years of age - Qualifies at age 50 with 30 years of service. New hire at 40 years of age - Qualifies at age 60 with 20 years of service. Retiree Medical Coverage Page 2 The second tier will be utilized for retirees not meeting the eligibility of the first tier. The percentages paid by the retiree shall be based on the budgeted amount discussed in paragraph one of this section. Continuous Years of Service with La Porte Retiree Cost City Cost At least 10 but less than 15 70% 30% At least 15 but less than 20 60% 40% At least 20 but less than 25 50% 50% At least 25 but less than 30 25% 75% At least 30 0 100% Dependent coverage shall be charged at the active dependent rate. Any employee meeting the eligibility requirements for disability retirement under the Texas Municipal Retirement System Act shall be eligible for medical benefits, provided they have worked for the City of La Porte for five (5) continuous years. Costs associated with retirement under this tier shall be the same as Tier 2, with the addition of: At least 5 but less than 10, retiree cost shall be 75%. Dependent coverage shall be charged at the active employee rate. ♦ Eligible dependents include; your lawful spouse who is legally married to and living with you; natural children; stepchildren; children who, before reaching the age of 18, are either adopted by your or placed in your home for adoption; or other children for whom you have care, custody and control under court decree. A dependent child must be unmarried and rely on you for primary support and maintenance. Dependent children remain eligible until age 19, or until age 25 if enrolled as a full- time student in a university, college, vocational or secondary school. A dependent child under the age of 25 who has graduated from a university, college, vocational or secondary school but has not become gainfully employed will be covered for an additional 2 months from graduation. ORDINANCE NO.�- AN ORDINANCE ADOPTING AMENDMENT NO. 2 TO THE CITY OF LA PORTE EMPLOYEE MEDICAL FUND PLAN, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Amendment No. 2 to the City of La Porte Employee Medical Fund Plan, in form attached hereto as "Exhibit A," is hereby adopted and approved by the City Council of the City of La Porte. Section 2. Retirees and their Dependents who elect to participate in the Plan shall pay the full amount of the costs of their coverage, as determined from time to time by the Plan's actuaries. The City of La Porte shall make no Contribution toward the cost of coverage of Retirees and their Dependents. Dependents shall include Dependents of any deceased Employee or Retiree, as defined in Exhibit "A", attached hereto. ' Section 3. Current eligible Retirees and their Dependents shall have a thirty -day enrollment period, following certified mail notification to them by the administrator, of the availab- ility of Coverage. Future Retirees and their Dependents must elect coverage prior to their last day of employment. Section 4. 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, Article 6252-17, Texas Revised Civil Statutes Annotated; 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 Ordinance No. %`!'.1-L9 Page Two Section 5. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the 22nd day of July, 1985. CITY OF LA PORTE i ATTEST; Cherie Black, City Secretary APPROVED: Knox W. Askins, City Attorney Ll PROPOSED AMENDMENT TO THE CITY OF LA PORTE EMPLOYEE • NO. 2 MEDICAL FUND PLAN Plan Document section SCHEDULE OF BENEFITS sub -section Maximum Plan Payments is hereby amended to include the following: Private Duty Nursing $20,000 per lifetime Plan Document section DEFINITIONS, C. PARTICIPATING DEFINITIONS, 1. Person eligible for coverage and normal date of coverage: is hereby amended as follows: a. Covered Person is an Employee, -Retiree, or Dependent who is an eli- gible -person enrolled in the Plan. c. Retiree is a person who is a former employee covered under this Plan on the date of retirement. A former Covered Employee is eligible for coverage during retirement if the following conditions are met at the date of retirement. 1. Is receiving retirement annuities as a qualified annuitant under the Texas Municipal Retirement System or retired in accordance with City of La Porte personnel policies, and 2. has completed at least three continuous years of service as a full-time employee of the City of La Porte immediately prior to retirement. d. Dependent is the spouse or eligible child of a Covered Employee or Retiree and who is enrolled in the Plan. A child may be covered from birth up to the child's 19th birthday, or up to the child's 25th birthday if such child is attending an accredited school on a full time basis. Any dependent child less than twenty-five (25) years of age who has graduated from an accred- ited school and who has not become gainfully employed will be con- sidered a dependent for a period not to exceed two (2) months. The term "child" includes a natural child, adopted child, foster child and step -child of a Covered Employee, and includes a natural child, adopted child, or step -child of a Covered Retiree who was covered continuously at least three years prior to the date of retirement, or enrolls as a newborn. The child must be unmarried, dependent upon the Employee for support and maintenance and reside with the Employee or Retiree as legal guardian in a parent -child relationship. Such term shall also include a dependent child after his 19th birth- day, provided the child becomes both (1) incapable of self-sustain- ing employment by reason of mental retardation, physical handicap or total disability, and (2) chiefly dependent upon the Covered Employ- ee for support and maintenance while covered under this Plan or a prior plan offered by the Employer on the day prior to the effective date of this Plan. Such qualifications will continue coverage for the child beyond his 19th birthday. Proof of such incapacity or dependency must be furnished to the Plan by the covered Employee within thirty one (31) days of the child's 19th birthday or date of disability and at reasonable intervals thereafter. Excluded as dependents are any person(s): a. Legally separated from the Covered Employee, b. While such person is on active duty in any military for any country and, c. Who is a Covered Employee under this Plan, d. Claiming dependency on a Retiree who was eligible but not enrolled for coverage on the effective date of retirement. Plan Document section EFFECTIVE DATES OF COVERAGE is hereby amended as follows: A. Covered Person is an Employee, Retiree, or Dependent who is an eligible person enrolled in the Plan. D. Newborn children are covered automatically at birth for thirty-one (31) days. For coverage to continue beyond thirty-one (31) days, the Employee or Retiree must notify the Employer of the birth and pay any required contribution if it affects his contribution level. If such notification and contribution do not occur, coverage will terminate at the end of the thirty-one (31) days following birth. A claim for maternity expenses is not considered as notification to the Employer for coverage of a newborn to continue beyond thirty-one (31) days. Plan Document section TERMINATION OF COVERAGE LEAVE OF ABSENSE OF LAYOFF, subsection B. 2. is hereby amended as follows: 2. The coverage on the Dependents of any deceased Employee or Retiree may continue to the end of a 180 day period from the date death oc- curs and beyond, provided any required contribution is made, to a maximum period from date of death equal to the total number of months of active full-time service with the City of La Porte. However, in no event will coverage under the above provision continue beyond the earliest of: a. the date the spouse remarries; b. the date the dependent becomes eligible for benefits under any other group plan; c. the date the dependent becomes eligible for Medicare; or d. the date the Plan terminates, This Amendment is effective July 22, 1985. Signed at La Porte, 'texas this 24th day of � July � , 1985. A TRAT4R C ty o LaPorte, exas By: C REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested December 10, 2012 Requested By Traci Teach Department: Administration Report Resolution: Ordinance: Exhibits: Interim Report Exhibits: Presentation Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION On September 24, 2012 the Council approved an agreement with Mueller Management to conduct an operational and process audit for the City's Planning and Engineering Department. Since that time, the consultants have been busy collecting data about the City's current processes and procedures. This was completed by conducting a series of one-on-one interviews and focus group meetings with both internal and external stakeholders. Each group had an opportunity to discuss their experiences with the many divisions of the Department- code enforcement, inspections, planning, and engineering. At this time, the consultant is prepared to present the interim report, as outlined in the approved scope of work. This report will focus primarily on the information obtained through the stakeholder interviews and meetings and will identify some of the themes that emerged. After the interim report, the consultant's next steps will be to begin formulating recommendations for change. Action Required by Council: None. Approved for City Council Agenda Corby D. Alexander, City Manager Date City of La Porte Planning Department Organizational Review Interim Report Mueller Management/Ron Cox Consulting December 10, 2012 City of La Porte Planning Department Organizational Review Interim Report Table of Contents page Introduction 2 A. Purpose 2 B. Methodology 2 C. Acknowledgements 3 II. External Perceptions 4 A. City Council 4 B. Planning and Zoning Commission 4 C. Focus Groups 4 i.Code Enforcement 5 ii.Contractors 5 iii.Owners 5 III. Internal Observations 5 A. Employee Interviews 5 B. Process Flowcharting 6 C. Zoning and Development Codes 6 IV. Common Themes 6 A. Organizational Culture/Mission & Goals 7 B. Departmental Cohesiveness 7 C. Trust 8 D. Support of Staff 9 E. Communication 10 F. Cumbersome Processes Lead to Non -Compliance 11 G. Site Plan Review Process 12 H. Permitting Intake/Issuance 13 I. Code Enforcement 14 J. Inspections 14 V. Next Steps 15 Mueller Management/Ron Cox Consulting 1 Introduction A. Purpose On September 24, 2012, the City of La Porte engaged Mueller Management, in association with Ron Cox Consulting, to perform an organizational review of the Planning Department. The desire for organizational reviews in various departments of the City was identified by the City Council during the FY 2013 budget planning process. The Planning Department was chosen as the initial candidate for review due to its high frequency of customer/citizen interaction points. The results of these interactions can have a significant impact on the community's perception of the City government as a whole. Specifically, the purpose of this review is directed toward evaluating departmental policies, procedures, practices, and codes to identify improvements that may add value, shorten response times, and improve customer service. In particular, the processes involved with site planning and permit issuance were identified as areas of emphasis. This interim report is intended to summarize the observations made to - date with preliminary conclusions regarding the topics for which more detailed recommendations will be provided in the final report B. Methodology The Problem -Solving Process The study methodology employed by the consulting team follows a problem -solving model as conceptualized in the following diagram: Interim Report I Define the Problem I Identify Obstacles Generate Possible Solutions Final ReporEvaluate Alternatives & t Select Best Solutions Implement Adjust & Adapt Mueller Management/Ron Cox Consulting 2 Often, the first step in the problem solving process - defining the actual problem - can be one of the most difficult. Separating symptoms from actual root causes is the most important aspect of ensuring the problem solving process will yield effective results. Via the request for proposal and initial kick off meeting, the consulting team was provided with an initial "diagnosis" of the topics to be investigated. The primary efforts of the consulting team to -date have been focused on the first step of the problem - solving model — accurately defining the issues and separating symptoms from actual causes. During this initial phase of the review, the consulting team has identified various "themes" under which the most common root causes are grouped. Recommendations will ultimately be grouped according to these themes in the final report. Additionally, based on observations and data collected thus far, the team has identified potential obstacles that may be contributing to the current status of the department. Finally, the team has begun to assemble preliminary recommendations that will be further defined in the final report. Internal and External Perceptions As a backdrop to the problem solving process, the consulting team has sought to identify "internal perceptions" and "external perceptions" as they relate to the identified issues/problems. The degree to which the perceptions of internal participants (employees) align or differ from external participants (City Council, Planning Commission, customers) has a great bearing on the ease or difficulty of reaching a consensus on the issues that need to be addressed. Internal perceptions have been primarily gleaned from individual interviews with each member of the Planning Department. Individual interviews were also conducted with members of other City departments who are involved with the site plan and building permit processes. Further, the site plan review process and the permit intake and issuance processes have been flowcharted to identify potential gaps or inefficiencies in those processes. External perceptions have been obtained by individual interviews with each member of the City Council and Planning and Zoning Commission. To further validate the perceptions communicated during those interviews, three separate focus groups were convened — one focused on code enforcement; one with contractors/designers; and one with business owners. C. Acknowledgements The consulting team wishes to thank all members of the City Council, Planning Commission, City Manager's office, the Planning Department, and the customer focus group participants. We received great cooperation from each person we spoke with and encountered no obstacles in obtaining the information we requested. Many positive suggestions were put forth by the individuals and groups we worked with that will be incorporated into the final report Mueller Management/Ron Cox Consulting II. External Perceptions A. City Council The Mayor and each City Council member were interviewed individually. Each was asked similar pre- determined questions in order to maintain consistency and to be able to compare comments in an equitable manner. Following are the topics discussed with the elected officials (and Planning & Zoning Commission members). • Each member was encouraged to provide general comments related to their experiences, or reports provided to them by others coming in contact with the Planning Department. • Each was asked whom they received their comments from — citizens, contractors, owners. • Each was asked what comments they have received or experiences they have personally had with the various divisions within the Planning Department — permitting, inspections, site plan approvals, code enforcement, planning & zoning. • Each member was asked if there were any ordinances or regulations they believed should be reviewed and possibly amended in order to streamline the process or meet current needs. • Each member was provided the opportunity to provide examples of the comments and experiences provided to them. • Each member was asked to describe their perception of the culture of the Planning Department as a whole. • Each member was provided an opportunity to make suggestions for improvements to the process. B. Planning and Zoning Commission Likewise, each member of the Planning and Zoning Commission was interviewed individually. The same format and same questions were utilized during the interview process as with the Mayor and City Council. C. Focus Groups Meetings with the focus groups were formatted in such as way as to provide the greatest opportunity for comments and feedback, but were structured to be sensitive to time constraints for participants. It was important to hear from as many varied type customers as possible. And it was important to identify those who would be forthcoming with their insights, as well as identify those who had consistent contact with the department. Each of the elected officials was asked to provide staff with a list of people to invite to the focus group meetings. In addition, the city's database was perused to find those people who had interaction with the department. Between 10-15 different people were identified and invited for each of the focus groups. All total more than 30 people were actually invited. RSVP's were requested, and the staff made every effort to ensure good attendance by following up individually with each of them. In the end, many chose not to participate. However, it is our opinion the participation was adequate and the comments were consistent with and confirmed those provided in individual interviews with Council and P&Z members. Mueller Management/Ron Cox Consulting 4 Although each focus group had different participants, and the emphasis in each group meeting was different, all were provided the opportunity to comment on any function of the Planning Department. Each focus group meeting included an explanation of the purpose of the meeting and an opportunity for comments from the participants about their experiences. Each was then asked to write specific comments on flip charts. Each flip chart had a separate heading for permitting, inspections, code enforcement, planning and zoning, site plan approval, customer service and suggestions for improvement. Participants then wrote their comments on post -it type note cards and placed them on the appropriate flip chart. i. Code Enforcement The Code Enforcement Focus Group met on November 7, 2012 with eight people in attendance. All had been in contact with code enforcement personnel, and had either issued complaints, or were complained against. The complaints centered on zoning compliance, residential high weeds, junk vehicles, and drainage. Builders/Contractors The Builders/Contractors Focus Group met on November 12, 2012 with five in attendance. The participants represented the trades and general contractors. They had been involved in permitting, site plan approval, and inspections processes. iii. Owners The Owners Focus Group met on November 13, 2012 with four attendees. All were owners of businesses in the City who went through one or more of the zoning, site plan approval, permitting and/or inspections processes. Ill. Internal Observations Gathering and synthesizing internal perceptions is important for a variety of reasons. First, it provides an opportunity to identify the degree to which internal and external participants agree or disagree on their perspectives. Second, depending on the alignment between internal and external perspectives, it provides a starting point for identifying areas for further analysis or coaching. Finally, the internal perspectives provide valuable feedback to management and city council regarding areas of concern or suggestions for improvement that may have been previously undiscovered. A. Employee Interviews Each member of the Planning Department was interviewed individually between October 41" and 23rd. A structured list of 20 questions was asked of each employee. Depending on the employee position or their responses, additional follow up questions were pursued. When conflicting responses were obtained from different employees, follow up and clarifying questions were conducted on a case by case basis. Mueller Management/Ron Cox Consulting B. Process Flowcharting As identified in the RFP the site plan and permitting processes were selected for detailed process mapping (or flowcharting). The goal of this exercise was to document the current actual processes. Subsequent work will correlate process problems that may be causes of some of the customer themes described below. Additionally, the consulting team will identify process recommendations that may reduce customer confusion, turn -around time, or inefficient use of staff time. Initial drafts of the flowcharts were prepared based on information gained during the initial interviews with additional clarifying questions pursued when necessary. These drafts were then reviewed with the primary individuals responsible for the process. Finally, the processes were reviewed by other members involved with the processes until a consensus was developed that the flowchart adequately reflects the current actual process. C. Zoning and Development Codes An initial review of the zoning code and the development ordinance has been conducted. Additionally, as part of the interview process, employees were encouraged to identify particular codes that be causing recurring problems. The consulting team has also attended meetings of the Planning and Zoning Commission to observe proceedings and interactions. More detailed observations and recommendations will be forthcoming in the final report. IV. Common Themes As described above, the underlying goal of the consulting team during this phase of the review has been to identify common external and internal perceptions related to the operations of the Planning Department. Several common themes, described below, were formulated by comparing the identified external perceptions and the internal observations. The intent of this interim report is to communicate preliminary findings and achieve consensus from management and the City Council regarding the areas warranting further analysis. In the next phase of the review, the consulting team will focus on developing specific recommendations that address these underlying themes as well as additional operational and efficiency recommendations. It should be noted that customers had many positive examples and accolades that were shared. However, it is the nature of reports such as this that the negative situations tend to be conveyed and discussed in more detail. The departmental staff as a whole displayed pride and interest in providing good service and work products, but are hampered by the larger themes described below. Mueller Management/Ron Cox Consulting 6 A. Organizational Culture/Mission & Goals External Perception Customers generally reported a high level of courtesy and an above average ability to contact individual members of the department when compared to other cities. However, there was a commonly communicated perception that "you have to talk to a Council Member before you can get anything done". Members of the City Council and Planning & Zoning Commission were asked specifically to describe the culture of the Planning Department. Answers varied. Some members were totally satisfied with the department and the responses they get from staff, and believed the problems identified were over -stated. Others had definite opinions, based on both personal experience and/or reports given to them by others. Those who were most descriptive indicated that the Department adds little or no value to a project. They cost time and money but do not improve quality. Others said there seemed to be confusion within the department and they don't communicate well with each other - "one hand doesn't know what the other hand is doing." The most descriptive was the staff has a "god syndrome", expressed by several people, meaning they hold all the power. Internal Observation Employees were asked if they had an understanding of the department's or city's mission statement or goals. Overwhelmingly, the responses were in the nature of knowing that goals and a mission statement existed or had existed at one time, but were unsure of the specific content. Most tried to quote or paraphrase what they understood to be the mission statement, but the responses were inconsistent. Implications There is an opportunity enhance the department employee's understanding and buy -in for the mission and goals of the City and Council and management for the department. Developing improved processes and procedures will not have full effect unless the organizational culture of the department is addressed and aligned with the City's overall goals. B. Departmental Cohesiveness External Perception Customers reported a perception that it takes too long for permits to be issued and that "common sense" should prevail, especially in less complicated situations. Customers complained the processes are very complex with multiple layers of paperwork, multiple contacts within the department, resulting in no clear direction from a single department representative. Customers were consistently concerned over the financial impacts they incur due to lengthy permitting processes and do not feel that staff fully appreciates the economic implications of delays in the process. Mueller Management/Ron Cox Consulting Internal Observation An internal observation that may relate to the external perception that permits take too long to be issued related to an underlying internal division within the department consisting of planning/engineering vs. inspections/code enforcement reported by several employees. With some limited exceptions, there does not appear to be an overt lack of cooperation, but most employees referred to separate "cliques" or situations where members of one division will mildly complain about the actions of other divisions. The terminology that is used in describing other divisions indicates some underlying tensions; references to "our side" versus "their side" indicate the members of the department do not fully see themselves as part of one team. Even within the inspections/code enforcement grouping there is a general feeling that the front desk representatives more closely identify with the inspections division as being their primary responsibility as opposed to general support for all Planning Department customer interactions. Further, there is some sense that the actions of one division may adversely affect the ability of other divisions to adequately perform their own responsibilities. There was general concern that, from an outsider's perspective, the Inspections Division gets blamed for slowness when the cause may actually be due to the actions in other divisions. The Inspections Division gets blamed because the building permit is normally the final permit that is required to complete a project. This internal tension is further exemplified by the perception from the Inspections Division that they are often called upon to dispense other division's "bad news" and are unnecessarily put into bad positions. Implications A possible implication of this internal mild tension is that communication and processes do not work as smoothly as possible. This is not likely the sole cause for the customers' perspective, but a lack of cohesion could easily translate to processes not functioning as efficiently as possible. C. Trust External Perception There was a frequently communicated theme that external observers had an opinion that some staff members are not as prepared as they should be at public meetings. Additionally, there was some belief that other staff members end up over -compensating in these situations, which tends to cause confusion as to the correct interpretation or recommendation that should be followed. Customers did not express any lack of trust of individuals. Rather they expressed a great distrust in the processes and consistency in the use of internal processes. Internal Observation Some staff members reported a similar lack of trust in other employees of their division or other divisions. Those staff members further stated that this lack of trust may cause them to overcompensate to fill the perceived void. Established procedures are sometimes not followed in order to compensate for the gaps that are created due to these perceptions. As another indicator Mueller Management/Ron Cox Consulting 8 of a lack of trust, instances were recounted where individual staff members would sometimes not speak directly to each other; other employees sometimes have to serve as a liaison. Implications Based on this close correlation of external and internal comments, this lack of trust may be evident to customers, creating confusion and uncertainty as to the correct staff direction to follow. Processes are not as efficient as they could be due to the gaps and overlaps caused by ad - hoc modifications made in response to these perceptions. D. Support of Staff External Perception External participants commented on the apparent divisions within the City Council itself regarding whether or not the staff should be "business friendly". This division among Council manifests itself in individual appointments to the Planning & Zoning Commission. This leads to conflicts at both the Council and Commission levels and places staff in a "no win" situation. As an example several commented that the staff seemed tentative in their responses to Council and Commission members during meetings and that some Council and Commission members even seemed dismissive of staff and appeared to not value their input. It was observed by some that this had the effect of hampering the effectiveness of the staff and created a "gotcha" atmosphere. Further it was observed that the Council and Commission members appeared to have a different philosophy about growth and economic development among themselves and between the groups. They cited this as a potential cause of the tentative reactions by staff. Internal Observation Several staff members related a feeling of unease created by a lack of support from "previous administrations". They further related that they may be reticent to make decisions for fear of not being supported or being admonished harshly for making a mistake. One staff member used the term "your head will get lopped off" if you make a mistake. Others reported a sense that members of the department are "considered guilty until proven innocent" when it comes to responding to allegations made by customers to Council Members. Employees generally reported that they feel like they are more likely to be disciplined for being too lax vs. too strict. A related theme conveyed by staff members is a common belief that City Council may have a grudge against staff members hired by the previous city manager that affects how those employees are treated. Implications Lack of clear and consistent direction from City Council may cause the staff to be tentative and reluctant in making judgment calls. It is possible that this belief is left over from "previous administrations", but its effects are still real today. If City Council does indeed desire to be more business friendly, staff needs to understand that they will be supported when they make Mueller Management/Ron Cox Consulting judgment calls in favor of expediting or approving a project even though that determination may be more lax than a strict interpretation could call for. E. Communication External Perception External customers routinely mentioned a need for more communication from the staff as an improvement they would like to see. These comments on communication came from several perspectives including the following general topics: • A desire for more up -front information to help customers better prepare applications; also, more "how to" checklists for common permits were requested • Many customers were not aware of the pre -development meeting option; this opportunity needs to be encouraged more • Customers generally wanted more updates as to the status of their application or code enforcement case • Customers felt compelled to insist on staff meetings with everyone present in order to ensure a "final" answer • Other customers decided to only work with and through the Department Director to avoid the confusion of working with multiple staff members and getting both multiple and inconsistent answers to the same issue • Some customers felt that they were at a disadvantage since the staff knows the processes and requirements and they do not • Multiple submittals are required before approval and new review comments are added that were not included in the initial review. Internal Observations Information in the NaviLine system is difficult to retrieve and report. Various forms and guides are available on the website, but the availability is incomplete. The external perceptions described above may also be coupled with the numerous prerequisites needed for submittal of a building permit application. These prerequisites may include one or more of the following permits: • Address and utility verification application • Site plan permit • Flood plain permit • Utility extension agreement • Industrial district agreement • Zoning permit • Zone change • Plat approval • Driveway permit • Culvert Permit Mueller Management/Ron Cox Consulting 10 Implications This variety of independent prerequisites provides multiple opportunities for ambiguity and difficulty in coordination. Currently, there is not a single person charged with coordinating all aspects of a project from initial application to final approval so it can be challenging for customers to know exactly which sub -applications apply for a particular project and the correct submittal sequence. Staff acknowledged that multiple resubmittals do occur, but generally believe those cases are a result of poor plans being submitted or designers modifying unrelated items (on which the additional comments are based). There is a disconnect in perceptions being experienced from the customer and staff perspective. The City should consider a policy on abiding by initial review comments and limiting new comments made on subsequent re -reviews. Expanded efforts should be directed toward utilizing the NaviLine system to make needed information more readily available. Efforts should also be directed toward providing better overall communication so that customers can better prepare applications, can know the processes that will be required, and can easily stay updated on the status of their project. Toward that end, consideration should also be given to assigning a single person to be responsible for contact with the applicant through the process. F. Cumbersome Processes Lead to Non -Compliance External Perception A general theme was communicated by several customers that the difficulty of navigating the system actually may lead more people to work outside the system. They indicated that they often see people using the "easier to ask for forgiveness than permission" theory. Internal Observations The cumbersome nature that many customers described may be related to the difficulty many employees have navigating the NaviLine system. Most employees expressed frustration with the NaviLine permitting system in areas such as • Cumbersome data entry and screen layouts • Promised functions not actually working • Difficulty in retrieving information in a desired form • Incomplete access to all modules • Lack of complete training • A common perception that that the value created by the system is not worth the extra effort required to maintain it. Some employees reported that they do not use NaviLine because it is too difficult and cumbersome. Several "work-arounds" using older paper -based methods or other software Mueller Management/Ron Cox Consulting 11 programs have been devised by various individuals. Additionally, several pieces of information needed for the monthly and quarterly reports have to be tracked manually outside of NaviLine. On a related topic, some of the obstacle described above could be mitigated by broader access to and enhanced functionality of the GIS and Laser Fiche systems. Implications The cumbersome nature of NaviLine appears to contribute to some of the sluggishness and inconsistencies that customers experience. Ironically, if customers find the processes too difficult to navigate and work without permits, this also increases the workload of the code enforcement division. Full utilization of the City's GIS investment is hampered because the GIS Manager has multiple other duties; more complete development of the GIS would help to solve other problems customers are experiencing. G. Site Plan Review Process External Perception Customers reported a general dissatisfaction with the site plan review process. Comments included that the process takes too long, there are too many times where plans are kicked back, regulations are enforced inconsistently, and there are too many new comments on re -submittals. Internal Observations A detailed flowchart of the current site plan review process was prepared by the consulting team and verified by staff members involved with the process. A more detailed analysis will be provided in the final report, but preliminary findings include ambiguities in the following area that merit further analysis: • The Requirement/Need to have an address assigned before review can begin may cause initial delays in beginning the review • There is inconsistent adherence to and enforcement of review deadlines. There is no generally accepted deadline for review of resubmittals • Reviewers document their comments in Inconsistent formats which causes additional work in compiling the comments for delivery to the applicant • The current structure of the optional applicant review meeting is awkward in that some review comments are being delivered for the first time at the meeting, so staff may be resolving internal conflicts or interpretations in front of the applicant; this can be a source of additional confusion for the applicant • The current process includes some manual procedures/documentation outside of the steps that are logged in the NaviLine system • A policy should be developed on when and how new comments upon re -review should be allowable Mueller Management/Ron Cox Consulting 12 Implications The site plan review process affects a wide variety of businesses and may be the first interaction an applicant may have with the City. As currently structured and administered, the process seems to cause confusion for many applicants and creates a poor first impression. A broader use of the pre -development meeting and better informational materials may assist customers to prepare a better application. Improvements to the internal processes and customer communication points would improve the timeliness of the outcomes and improve the customer's perceptions of working with the City. H. Permitting Intake/Issuance External Perception A wide variety of permit applications types are received and issued by the Inspection Services technicians in the Inspections Division. Most of these permits involve review and input from other divisions of the department or other departments. In general, customer comments on the permitting intake and issuance process centered on the time required to issue, the number of resubmittals required, and the seeming difficulty of getting "simple" permits issued quickly. Some customers observed that employees receiving the permit fees sometimes are not well trained in the actual regulations for that permit. Customers who need additional information at that point may have no clear avenue for getting questions answered. Additionally, customers had several suggestions regarding methods available in other cities for on-line application and issuance of certain permits and on-line and escrow fund methods for payment of fees for permits that are more routine in nature. Internal Observations A detailed flowchart of the current permit application intake and issuance process was prepared by the consulting team and verified by staff members involved with the process. A more detailed analysis will be provided in the final report, but preliminary findings indicate that most external perceptions on this topic are probably related to the organizational culture and communication themes previously discussed. However, from a process standpoint, there appears to be redundant paper, NaviLine, spreadsheet, and Access database logging procedures that should be evaluated for alternatives. Implications Providing more advance information regarding the requirements of the various processes and more customer access to the status of plan reviews would address many of the concerns expressed by customers. Reducing redundant internal procedures would free up staff time for more meaningful tasks and customer communications. Providing a process to streamline the issuance of more routine permits to trade contractors would be helpful. Mueller Management/Ron Cox Consulting 13 L Code Enforcement External Perception The most commonly reported concerns were consistent with other themes previously discussed — the time it takes to resolve cases, communication as to the status and disposition of cases, and a sense that things get done more quickly if a city councilmember gets involved (this observation came from both customers and councilmembers alike). Also, there appears to be differing opinions as to the preferred focus of code enforcement efforts — an even distribution or a focus on "hot spots" or repeat offenders versus waiting until the complaint is received. Internal Observations From a process standpoint, the code enforcement officers utilize iPads to record inspection notes in the field. However, the iPads do not communicate with the NaviLine system, so the inspection notes have to be printed and then manually typed into the NaviLine system by the Inspection Services Technicians. Implications This inefficient process affects the timeliness of data being available and adds a redundant burden to the Inspection Services Technicians. Although inconclusive at this point, it appears the customer cannot directly access the NaviLine System for status information. Finding ways to provide status information to the customer might require additional redundancy at best. Additionally, there are opportunities to tie the code enforcement data with the GIS to allow customers better and timelier access to the status of cases. J.Inspections External Perception Customers were pleased with the % day turn -around time available for inspection requests and the accessibility they generally have to the inspectors which is not available in many other cities. Customers were also pleased with the quality of inspections. Common concerns expressed centered on the inability to request inspections on-line, situations where an inspector might disapprove items previously approved in plan review or by a previous inspection, and the inability for trade contractors to get their final approvals until the building final is approved. There were conflicting suggestions in the use of inspectors that should be noted. On the one hand, it was suggested by more than one person that the inspectors be qualified to inspect and then only inspect in a particular trade, such as electrical and plumbing. It was recognized this level of specialization could lead to additional manpower requirements. On the other hand, it was also suggested that a single inspector be assigned to do all the inspections for a building project in order to avoid the duplication and inconsistency between inspectors. Internal Observations There appear to be some internal inefficiencies related to the process of pulling inspection requests, documenting and inputting inspection results, and the tracking of paper files along with the NaviLine records. Mueller Management/Ron Cox Consulting 14 Implications The suggestions provided by the customers and internal process improvements will be evaluated prior to the final report. There appear to be opportunities to increase customer satisfaction and relieve staff of duplicative procedures. V. Next Steps Continuing to use the "problem solving process" described in the Introduction, the consulting team will continue to work with management and the departmental employees to finish the evaluation and recommendations process. Completing the process is anticipated to take an additional 6-8 weeks. The end -result of this process will be a series of management, procedural, and code recommendations designed to address the themes that have been identified. Implementation of the recommendations will be at the discretion and the responsibility of the city management team. Specifically the consulting team anticipates the following activities to complete the final report: • The external customers have provided specific examples of problems they have encountered. The staff should be given the opportunity to hear those concerns directly and given a chance to respond and be part of the development of solutions. • Management recommendations will be developed to address the organizational culture, communication, and trust themes that have been identified. • The processes that were flow charted will be analyzed for efficiency and communication improvement opportunities. • Organizational and process improvements will be recommended based on internal and external observations and suggestions that have been made by the participants. • The zoning and development codes will be further evaluated for potential recommendations that will address the identified concerns and themes. • Other general recommendations regarding the operation of the department and the Planning and Zoning Commission will be compiled. • A final report will be compiled and presented to the city management team and the City Council. Mueller Management/Ron Cox Consulting 15 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested December 10, 2012 Requested By: Traci Teach Department: Administration Report X Resolution: Ordinance: Exhibit: Proposed Funding Strategy Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N4A Budgeted Item: YES NO SUMMARY & RECOMMENDATION At the October 22, 2012 Council meeting, Council heard a presentation from Bruce Bramlett with the Battleship Texas Foundation capital campaign for the permanent restoration and preservation of the Battleship. At that time, the Council indicated that the project had merit but were interested in evaluating funding options further to include a full picture of all pending projects that require additional funding before making any commitment. Staff has researched fund balances and pending projects that need funding and have included the attached funding strategy for discussion and consideration. Should Council want to move forward, the approved changes would be formally incorporated into the quarterly budget amendment in January 2013. Action Required by Council: Provide direction to staff regarding amended budgets and projects for inclusion in the upcoming quarterly budget amendment. Approved for City Council Agenda Corby D. Alexander, City Manager Date r1 (1) u L Ln ::a O L L Q In a_ > m U -O 7 -a L 00 V) �o w ccO G ccO G d Vl O L v N C cm cm m O O JO m O O O O O Co bio � O O O O O 3 j O O O 4� O O LL L -O r- O O O O 0 Ln C o %- um O O M E Q � � � Lun a) v v p 0 0 0— 0 0 Um LL u w O O O u ,� O O •0 O O O C 0 0 O L O O O 7 , - 0 0 +� d N r, O O O U a) Rt O -a -� 00 r, Ln O N ri c I CL c I O O m m Z Q E O ._ i a i 4� w to tn- tn- to to O pp O O O 00 al O O O O I- Ln tw O O O ri Ln O 00 O L r 00 um O to O ri to 6L C: R L L a-•' O C: -W u t/)- t/)- t/)- t/)- t/)- t/)- t/)- t/)- t/)- t/)- a Z R _ O � s *' u v u aLn C m a +� u QJ O i •L 67 m M ai a� i tA 4 Q m -W C a QJ a) u Ln a Nv m a N Q to C ma um s � > a w o i u Z O N om a) m o� Z� E = (6 C m X 4- N d W L Cam) m o O �� ca w a' a° E c a�i o `L a a� O O W c (6 aui �� a m m m w 2 Q� a Lu * ti C a) E L L L }NJ a) c a� E L > -a O O Q N E tin C L O E f6 a) u L O (6 � U � •L > a� Q � N M Council Agenda Item December 10, 2012 9. ADMINISTRATIVE REPORTS (a) Receive report from City Manager • Christmas Holidays — Monday, December 24, 2012, and Tuesday, December 25, 2012 • City Council Meeting, Monday, January 14, 2013 • Fiscal Affairs Committee Meeting, Monday, January 21, 2013 • City Council Meeting, Monday, January 28, 2013 • Utility billing kiosk 10. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies — Councilmembers Engelken, Mosteit, Clausen, Martin, Moser, Kaminski, Zemanek, Leonard, and Mayor Rigby. 11. EXECUTIVE SESSION The City Council reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code. Texas Government Code, Section 551.072 — Deliberation regarding purchase, exchange, lease or value of real property: Discussion regarding former Parks and Wildlife Building and adjoining lots. Texas Government Code, Section 551.074 — Deliberation concerning the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: Corby Alexander, City Manager 12. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive session. *********************************************************************************** Council Agenda Item December 10, 2012 13. ADJOURN ***********************************************************************************