HomeMy WebLinkAbout02-26-18 Regular Meeting of the La Porte City Council
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Employee of the 4 Quarter & Employee of the Year 2017
Clarence Anderson
Clarence Anderson joined the City of La Porte team in April of 1985 as an Animal Control Officer. He
consistently performed well in that role through a promotion to Animal Control Supervisor in October
of 2003. Clarence has continued to serve the La Porte community in that role for the past 14 years.
Clarence was nominated for Employee of the Quarter for his work on the Empty the Shelter project.
When the new Animal Control facility was opened a little over two years ago, Clarence established
goals of increasing the adoption rate and improving the services provided to citizens. To that end, he
has always sought out new ideas and programs. When he heard about the Empty the Shelter Project
last summer, he knew it was a great fit. Empty the Shelter is a non-profit organization that provides
free spay and neuter services to the community. Clarence went right to work researching, contacting
the Director of Empty the Shelter, and planning for an event here in La Porte. He identified and
secured a good location and date, and attended a similar event in a nearby city to observe and learn.
This event required a significant amount of coordination between location, personnel, funding, and
equipment.
To market the event, Clarence created a flyer sent out with City water bills. There was limited space,
and the 300 spots were quickly filled up. Clarence coordinated a call center staffed with volunteers to
remind pet owners and established crews to assist with setup and breakdown on the day of the
event. He supervised the set up operations the night before and was the first to arrive the next
morning.
The event was a huge success. A total of 362 animals were serviced for La Porte citizens.
Approximately 150 veterinarians, techs, and volunteers contributed. Clarence oversaw every detail
and remained on sight until the last truck was cleaned and loaded at 11:00 that night.
This event would not have been so successful or even occurred at all if not for C
planning, dedication, and effort. Please join me in thanking Clarence for all of his hard work for this
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community and congratulate him on being recognized as the Employee of the 4 Quarter and
Employee of the Year 2017.
Manager of the Year 2017
Lt. Matt Daeumer
Lt. Matt Daeumer assumed command of the Support Services Bureau in March of 2015. Since that
time he has led by example in establishing a culture of long range strategic leadership. He serves
as a mentor not only to supervisors in his command but across the police department and City.
While leading the Support Services Bureau, Matt has contributed vision, guidance, ideas, and
hands on work to a number of successful initiatives including:
In 2017, the Animal Control Division delivered a 40% increase to their adoption rate over
the prior year, while at the same time lowering the euthanasia rate by 21%.
2017 saw another successful National Night Out with increased neighborhood parties and
program and it has
Daeumer recently guided the team through a transition of the over 120 individual policies
Lt. Daeumer played a lead role in the Blue Santa project, coordinating efforts of volunteers
and community partners. This project generated over 2,500 toys for local children which
was especially helpful to many families impacted by Hurricane Harvey this year.
Most recently, Lt. Daeumer saw many months of effort and leadership result in the opening
of the police storefront for the south east part of the La Porte community. This location will
serve as both a crime deterrent and assist with proactive service to that part of town.
In addition to those fine accomplishments, Matt serves as the departmental liaison on
IT/technology projects and serves as the night time PR Rep in Emergency Operations Center
activations.
Lt. Daeumer daily exhibits the qualities that make him very worthy of this recognition. Join me in
thanking Lt. Matt Daeumer, 2017 Manager of the Year.
LOUIS RIGBY
DARYL LEONARD
Mayor
Councilmember District 3
JOHN ZEMANEK
KRISTIN MARTIN
Councilmember At Large A
Mayor Pro-Tem
DOTTIE KAMINSKI
Councilmember District 4
Councilmember At Large B
JAY MARTIN
DANNY EARP
Councilmember District 5
Councilmember District 1
NANCY OJEDA
CHUCK ENGELKEN Councilmember District 6
Councilmember District 2
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
FEBRUARY 12, 2018
The City Council of the City of La Porte met in a regular meeting on Monday, February 12, 2018, 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 Ojeda, J. Martin, K. Martin, Kaminski, Zemanek, Leonard, and Earp.
Absent: Councilmember Engelken. Also present were City Secretary Patrice Fogarty, City Manager
Corby Alexander, Assistant City Manager Jason Weeks and Assistant City Attorney Clark Askins.
2. INVOCATION The invocation was given by Pastor Philip Dunn, Lighthouse Baptist Church.
3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember John
Zemanek.
4. PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS
(a) Presentation
Whitfield Mayor Rigby
Mayor Rigby
Whitfield. Coach Chad Oliver, who was saved by them, was also present for the presentation.
5. PUBLIC COMMENTS (Limited to five minutes per person.)
There were no public comments.
6. CONSENT AGENDA (All consent agenda items are considered routine by City Council and will be
enacted by one motion. There will be no separate discussion of these items unless a
Councilmember requests an item be removed and considered separately.)
(a) Consider approval or other action regarding the minutes of the meeting held on January 22,
2018 P. Fogarty
(b) Consider approval or other action authorizing the City Manager to execute a contract with
services by the City of La Porte Emergency Medical Services R. Nolen
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February 12, 2018 Council Meeting Minutes
(c) Consider approval or other action regarding a Resolution authorizing the City Manager to
execute an agreement with Texas Department of Transportation for the construction,
maintenance and operation of inspection lighting system under State Highway 146 within
the City of La Porte J. Weeks
(d) Consider approval or other action awarding Bid #18006 for the North P Street Culvert
Extension D. Pennell
Councilmember Leonard made a motion to approve all Consent Agenda Items pursuant to staff
recommendations. Councilmember Zemanek seconded the motion. MOTION PASSED
UNANIMOUSLY 8/0. Councilmember Engelken was absent.
7. PUBLIC HEARING AND ASSOCIATED ORDINANCES
(a) Public hearing to receive comments regarding recommendation by the Planning and Zoning
Commission to deny passage of an Ordinance amending the City's Future Land Use Map
Component of the Comprehensive Plan for a 1.2-acre tract of land known as Lots 17-32, Block
789, La Porte Subdivision, generally located on the east side of S. 15th Street and south of W.
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other action regarding an Ordinance amending the Future Land Use Map Component of the
Comprehensive Plan for a 1.2 acre tract of land located on the east side of S. 15th Street and
-- I. Clowes
The public hearing opened at 6:11 p.m.
City Planner Ian Clowes presented a combined summary for Items 7(a) and 7(b).
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Jose Medina, 302 S. 15 Street, spoke in opposition of Items 7(a) and 7(b).
John Coody, 326 C Street, spoke in opposition of Items 7(a) and 7(b).
Mr. Vasquez, spoke in opposition of Items 7(a) and 7(b).
Jesus Elizondo, spoke in opposition of Items 7(a) and 7(b).
Jorge Reynaga, Pastor of Temple Hispano Bautista, spoke in opposition of Items 7(a) and 7(b).
The public hearing closed at 6:31 p.m.
Councilmember Zemanek made a motion to denial.
Councilmember Kaminski seconded the motion. MOTION PASSED 8/0. Councilmember
Engelken was absent.
(b) Public hearing to receive comments regarding the recommendation by the Planning and Zoning
Commission to deny zone change request #18-92000001, request by Terry Medders, applicant
and owner, for change from Mid Density Residential (R-2) to General Commercial (GC), for a
1.2-acre tract of land located on the east side of S. 15th Street, and south of W. C Street and
legally described as Lots 17-32, Block 789, La Porte Subdivision; consider approval or other
the City of La Porte, by changing the zoning classification of a 1.2-acre tract of land legally
described as Lots 17-32, Block 789, La Porte Subdivision, from Mid Density Residential (R-2) to
General Commercial (GC) - I. Clowes
The public hearing opened at 6:32 p.m.
There being no public comments, the public hearing closed at 6:33 p.m.
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February 12, 2018 Council Meeting Minutes
Councilmember K. Martin made a motion to accept the Planning and Zoning Commissiondenial.
Councilmember Kaminskiseconded the motion. MOTION PASSED UNANIMOUSLY 8/0.
Councilmember Engelken was absent.
(c) Public hearing to receive comments regarding recommendation by the Planning and Zoning
Commission to approve an Ordinance amending the City's Future Land Use Map Component of
the Comprehensive Plan for a 34,217 square foot tract of land located at 330 Bayside Dr., and
legally described as Lots 8-10 and S. ½ of Lot 7, Block 1, Bayside Terrace Subdivision, by
changing from -
other action regarding an Ordinance amending the City's Future Land Use Map Component of
the Comprehensive Plan for a 34,217 square foot tract of land located at 330 Bayside Dr.,
legally described as Lots 8-10 and S. ½ of Lot 7, Block 1 Bayside Terrace Subdivision from
-- I. Clowes
The public hearing opened at 6: 33 p.m.
City Planner Ian Clowes presented a combined summary for Items 7(c) and 7(d).
There being no public comments, the public hearing closed at 6:35 p.m.
Councilmember J. Martin
recommendation to approve an Ordinance amending the City's Future Land Use Map Component
of the Comprehensive Plan for a 34,217 square foot tract of land located at 330 Bayside Dr., legally
described as Lots 8--High
Low Density Residential. Councilmember Leonard seconded. MOTION
PASSED UNAIMOUSLY 8/0. Councilmember Engelken was absent.
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2017-
3694: AN ORDINANCE ADOPTING AN UPDATE TO THE FUTURE LAND USE MAP COMPONENT OF
THE COMPREHENSIVE PLAN OF THE CITY OF LA PORTE, TEXAS UPON RECOMMENDATION OF THE
PLANNING AND ZONING COMMISSION OF THE CITY OF LA PORTE, TEXAS; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
(d) Public hearing to receive comments regarding recommendation by the Planning and Zoning
Commission to approve zone change request #18-92000002, for change from High Density
Residential (R-3) to Low Density Residential (R-1) for a 34,217 square foot tract of land located
at 330 Bayside Dr., legally described as Lots 8-10 and S. ½ of Lot 7, Block 1, Bayside Terrace
Subdivision; consider approval or other action regarding an Ordinance amending Chapter 106
hanging the zoning classification of a 34,217 square
foot tract of land located at 330 Bayside Dr., legally described as Lots 8-10 & S. ½ of Lot 7,
Block 1, Bayside Terrace Subdivision, from High Density Residential (R-3) to Low Density
Residential (R-1) - I. Clowes
The public hearing opened at 6:36 p.m.
There being no public comments, the public hearing closed at 6:37 p.m.
Councilmember J. Martin
recommendation to approve an Ordinance amending Ch
Ordinances by changing the zoning classification of a 34,217 square foot tract of land located at
330 Bayside Dr., legally described as Lots 8-10 & S. ½ of Lot 7, Block 1, Bayside Terrace
Subdivision, from High Density Residential (R-3) to Low Density Residential (R-1). Councilmember
Leonard seconded. MOTION PASSED UNAIMOUSLY 8/0. Councilmember Engelken was
absent.
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2017-
3695: AN ORDINANCE F ORDINANCES OF THE
CITY OF LA PORTE, BY CHANGING THE ZONING CLASSIFICATION OF A 34,217 SQUARE FOOT
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February 12, 2018 Council Meeting Minutes
TRACT OF LAND LOCATED AT 330 BAYSIDE DR., LEGALLY DESCRIBED AS LOTS 8-10 & S. ½ OF LOT
7, BLOCK 1, BAYSIDE TERRACE SUBDIVISION, FROM HIGH DENSITY RESIDENTIAL (R-3) TO LOW
DENSITYRESIDENTIAL (R-1); MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
(e) Public Hearing to receive comments regarding recommendation by the Planning and Zoning
Commission to approve an Ordinance amending the City's Future Land Use Map Component of
the Comprehensive Plan for a 6.96-acre tract of land known as Tracts 718B; 719; and 719A,
La Porte Outlots, located on the west side of Underwood Rd., north of Fairmont Pkwy., and
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consider approval or other action regarding an Ordinance amending the City's Future Land Use
--acre tract of land known as Tracts
718B; 719; and 719A, La Porte Outlots, located on the west side of Underwood Rd., north of
Fairmont Pkwy., and south of Caniff Rd - I. Clowes
The public hearing opened at 6:38 p.m.
City Planner Ian Clowes presented a combined summary for Items 7(e) and 7(f).
President of Pecan Crossing Homeowners Association John Blakemore, 9209 Mahan, addressed
Council with concerns of traffic increase with the approval of Items 7(e) and 7(f).
President of Summer Winds Homeowners Association Robert Wagstaff, 9614 Rustic Gate,
addressed Council with concerns of lower property values with the approval of Items 7(e) and 7(f).
Donna Laird, 9610 Rustic Gate, addressed Council with concerns of a senior living facility and the
elderly possibly operating motor vehicles at the proposed location.
Richard Laird, 9610 Rustic Gate, addressed Council with concerns of drainage; economics;
transportation and the location of the proposed item and requested Council to vote in opposition to
Items 7(e) and 7(f).
Philip Thomas, 113 Summer Winds spoke in opposition of Items 7(e) and 7(f).
Donald Davis, 3621 E. Desert Dr., spoke in opposition of Items 7(e) and 7(f).
Angie Davis, 118 Summer Winds, spoke in opposition of Items 7(e) and 7(f).
Gloria Zavala, 114 Summer Winds, spoke in opposition of Items 7(e) and 7(f).
The public hearing closed at 7:07 p.m.
Councilmember Earp made a motion to deny
recommendation. Councilmember Ojeda seconded. MOTION PASSED UNAIMOUSLY 8/0.
Councilmember Engelken was absent.
(f) Public hearing to receive comments regarding the recommendation by the Planning and Zoning
Commission to approve Special Conditional Use Permit #18-91000001 to allow for an active
senior living facility, to be located on a 6.96-acre tract of land described as Tracts 718B; 719;
and 719A, La Porte Outlots in a PUD zone; consider approval or other action regarding an
granting Special Conditional Use Permit #18-91000001, to allow for the development of an
active senior living facility to be located on a 6.96-acre tract of land described as Tracts 718B;
719; and 719A, La Porte Outlots, in a PUD zone - I. Clowes
The public hearing opened at 7:09 p.m.
City Planner Ian Clowes read the 9 items of the Special Conditional Use Permit.
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February 12, 2018 Council Meeting Minutes
The public hearing closed at 7:14 p.m.
Councilmember Leonard made a motion to deny
recommendation. Councilmember K. Martin seconded. MOTION PASSED UNAIMOUSLY 8/0.
Councilmember Engelken was absent.
8. AUTHORIZATIONS
(a) Consider approval or other action regarding a Resolution in support of application and
development of Lafayette Park Apartment (an age-restricted (55+) multi-family facility) to be
located on Underwood Rd., north of Fairmont Pkwy, and south of Caniff Rd. J. Weeks
Assistant City Manager Jason Weeks presented a summary.
Councilmember Earp made a motion to deny adopting a Resolution in support of an application
and development of Lafayette Park Apartment (an age-restricted (55+) multi-family facility) to be
located on Underwood Rd., north of Fairmont Pkwy, and south of Caniff Rd.. Councilmember
Leonard seconded. MOTION PASSED UNAIMOUSLY 8/0. Councilmember Engelken was
absent.
(b) Consider approval or other action regarding an Ordinance ordering a special election on
May 5, 2018, on proposed amendments to the La Porte, Texas, Home Rule City Charter
P. Fogarty
City Secretary Patrice Fogarty presented a summary.
Councilmember Earp made a motion to approve an Ordinance ordering a special election on
May 5, 2018, on proposed amendment to the La Porte Home Rule City Charter Item CC and
remove proposed amendments AA and BB. Councilmember Leonard seconded. MOTION
PASSED UNAIMOUSLY 8/0. Councilmember Engelken was absent.
(c) Consider approval or other action appointing a member to fill a vacancy on the Board of the
La Porte Area Water Authority P. Fogarty
City Secretary Patrice Fogarty presented a summary.
Councilmember Ojeda made a motion to nominate Stephanie Bellew to the La Porte Area Water
Authority. Councilmember Jay Martin seconded. MOTION PASSED UNAIMOUSLY 8/0.
Councilmember Engelken was absent.
9. REPORTS
(a) Receive report of the La Porte Development Corporation Board Councilmember Ojeda
Councilmember Ojeda provided a report from the La Porte Development Corporation Board
meeting held prior to the City Council meeting.
(a) Receive report from Council Subcommittee on Evaluation Forms Councilmember
Engelken
Councilmember K. Martin provided a report from the Council Subcommittee on Evaluation Forms
meeting held on February 5, 2018.
10. ADMINISTRATIVE REPORTS
City Manager Corby Alexander encouraged everyone to attend the Open House on Sunday,
February 25, at 2:00 p.m., of the historic La Porte Colored School House, which he also referred to
as the African American School.
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February 12, 2018 Council Meeting Minutes
11. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community
members, city employees, and upcoming events; inquiry of staff regarding specific factual
information.
Councilmember Zemanek recognized late Councilmember Tommy Moser for being instrumental in
the restoration of the Historic La Porte Colored School House; recognized the three recipients of
the Citizens Lifesaving Award; commented he would welcome a senior living facility in La Porte if it
fit the rules established by the City; Councilmember Leonard congratulated the three recipients of
the Citizens Lifesaving Award; also commented a senior living facility would be nice in the
community if it fit the rules;
Councilmember Earp congratulated the three recipients of the Citizens Lifesaving Award; requested
City Manager Corby Alexander to get Staff to address the concerns of the citizens that reside on
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15 and 16 Street; he also thanked the citizens that came out to voice their concerns regarding
the proposed senior living facility;
Councilmember Ojeda informed everyone she attended the Black History Month program; the Soul
Food Cook-off and commended the City for their relationship with the La Porte Civic Club and City
Manager Corby Alexander for all his efforts with the Historic La Porte Colored School House; she
advised she attended the Father/Daughter Dance that was well attended and very heartwarming;
congratulated the three recipients of the Citizens Lifesaving Award; and thanked Stephanie Bellew
for wanting to serve her local government;
Councilmember J. Martin congratulated the three recipients of the Citizens Lifesaving Award;
encouraged everyone to learn how to operate an AED machine; informed the Police Neighborhood
Center will be opening this Saturday; and thanked the citizens for voicing their concerns regarding
the proposed senior living facility;
Councilmember K. Martin congratulated the three recipients of the Citizens Lifesaving Award;
thanked EMS Chief Ray Nolen for donating two AED machines to the local TIFI organizations;
advised she attended the Soul Food Cook-off; thanked everyo
La Porte Colored School House) come to prosperity and thanked Public Works Director Don
Pennell for the delivery of trash bags in the community;
Councilmember Kaminski congratulated the three recipients of the Citizens Lifesaving Award;
informed she attended the Soul Food Cook-off and advised of the compliments she received about
the Father/ Daughter Dance;
Mayor Rigby congratulated the three recipients of the Citizens Lifesaving Award; advised he
attended the donation presentation of the AEDs and expressed his concern for everyone to please
be trained to use these devices; thanked everyone for coming out to express their thoughts on the
proposed senior living facility; and confirmed his first intention to vote against the item.
12. ADJOURN - There being no further business, Councilmember Leonard made a motion to adjourn
the meeting at 7:41 p.m. Councilmember Martin seconded the motion. MOTION PASSED
UNANIMOUSLY 9/0.
_______________________________
Patrice Fogarty, City Secretary
Passed and approved on February 26, 2018.
________________________________
Mayor Louis R. Rigby
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February 12, 2018 Council Meeting Minutes
RESOLUTION NO.
A RESOLUTION OF THE CITY OF LA PORTE, TEXAS, AUTHORIZING PARTICIPATION IN THE
TEXAS CLASS GOVERNMENT INVESTMENT POOL; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND SETTING AN EFFECTIVE DATE THEREOF.
WHEREAS, the Public Funds Investment Act, Texas Government Code, Section 2256.001 et seq.
(the “Act”), requires the governing body of each local government in this State to adopt
investment policies in accordance with the terms of the Act; and
WHEREAS, pursuant to the requirements of the Act, the City Council (the “Governing Body”) of
the City of La Porte (the “Local Government”) has previously reviewed and adopted an
investment policy (the “Policy”) that provides in part that the funds of the local government will
be invested in investments permitted by the Act in order to: (i) invest only in investments
legally permitted under Texas law; (ii) minimize risk by managing portfolio investments so as to
preserve principal and maintain a stable asset value; (iii) manage portfolio investments to
ensure that cash will be available as required to finance operations; and (iv) maximize current
income to the degree consistent with legality, safety and liquidity; and
WHEREAS, pursuant to the Policy and the Act, the Local Government has appointed Michael
Dolby, Director of Finance, (the “Investment Officer”) to act as the investment officer of the
Local Government; and
WHEREAS, the Act provides that funds under the control of a Local Government may be
invested through investment pools meeting the standards of Section 2256.016 of the Act; and
WHEREAS, the Local Government has received and reviewed the Information Statement, dated
October 1, 2013 (the “Information Statement”), of Texas Cooperative Liquid Assets Securities
System, an investment pool administered by Public Trust Advisors, LLC, (the “Program”), which
sets forth the information required by Section 2256.016(b) of the Act; and
WHEREAS, the Local Government has determined that the investments proposed to be
acquired by the Program are of a type that are permitted by the Act and are consistent with the
Policy; and
WHEREAS, the Local Government has determined that an investment in the Program will assist
the Local Government in achieving the goals set forth in the Policy, and will tend to preclude
imprudent investment activities arising out of investment transactions conducted between the
Local Government and the Program; and
WHEREAS, the Local Government understands that the Program operates through the Sixth
Amended and Restated Trust Agreement dated as of August 16, 2013 (the “Trust Agreement”),
which provides the terms on which the Program will operate and the rights of the participants
in the Program and sets forth the responsibilities of Public Trust Advisors, LLC, as the
administrator of the Program (the “Administrator”), and of Wells Fargo Bank as custodian (the
“Custodian”);
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, THAT:
SECTION 1. That the form, terms and provisions of the Trust Agreement, a draft of which was
presented and reviewed at this meeting, providing for the creation of the Program and for the
rights of the Program participants and the duties and responsibilities of the Administrator, be
and the same are hereby approved and adopted; and that the Investment Officer be and he or
she is hereby authorized and directed to execute and deliver to the Administrator and the
Custodian in the name and on behalf of the Local Government, a participation certificate
evidencing the agreement of the Local Government to be bound by the Trust Agreement
substantially in the form of the Trust Agreement reviewed and approved at this meeting,
together with such changes therein as may be approved by the said officer, such approval to be
conclusively evidenced by the execution thereof; and be it further
SECTION 2. Resolved, that the investment program established by the Trust Agreement is
hereby found and determined to be consistent with the Policy, and to preclude imprudent
investment activities arising out of investment transactions conducted between the Local
Government and the Program; and be it further
SECTION 3. Resolved, that the Governing Body hereby officially finds and determines that the
facts and recitations contained in the preamble of this Resolution are true and correct; and be it
further
SECTION 4. Resolved, that the Governing Body hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this Resolution was adopted was
posted for the time required by law preceding this meeting, and that such meeting was open to
the public as required by law at all times during which this Resolution and the subject matter
thereof were discussed, considered and formally acted upon, all as required by the Open
Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act; and be it
further
SECTION 5. Resolved, that the officers of the Local Government, and each of them, shall be and
each is expressly authorized, empowered and directed from time to time to do and perform all
acts and things and to execute, acknowledge and deliver in the name and under the corporate
seal and on behalf of the Local Government all certificates, instruments and other papers,
whether or not herein mentioned, as they may determine to be necessary or desirable in order
to carry out the terms and provisions of this Resolution and of the Trust Agreement hereby
authorized and approved, such determination to be conclusively evidenced by the performance
of such acts andthings and the execution of any such certificate, financing statement,
instrument or other paper; and be it further
SECTION 6. Resolved, that this Resolution shall take effect and be in full force and effect upon
and after its passage.
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: February 26, 2018
Source of Funds: N/A
Requested By: Jason B. Weeks, Assistant City Manager
Account Number: N/A
Department: Administration
Amount Budgeted: N/A
Report Resolution: Ordinance:
Amount Requested: N/A
Exhibit: 1. Agreement
Budgeted Item: YES NO
2. Special Warranty Deed
SUMMARY & RECOMMENDATION
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budget retreat meeting held on Saturday, April 22, the Council discussed three items related to La
Porte Cemetery 1) mowing, 2) property donation, and 3) road paving. The majority of the Council was supportive of
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the City donating the city-owned property located at the northeast corner of South 8 to the
cemetery. The City has no current or future development plans for this property. Several years ago the La Porte
Cemetery Association approached the City about a joint venture of building a covered pavilion on the City property, but
this project never happened. Therefore, the Council considered conveying the City-owned parcel of land to the cemetery
to accommodate future growth of the cemetery.
According to Local Government Code 253.011, a municipality can transfer the land to the association, with exemption
from bidding, as long as there is 1) an agreement between the parties that the land will be used for a public purpose
(which our legal counsel has concluded that operation of a public cemetery meets this standard) and 2) the deed contains a
reverter clause so that if the property ceases to be used as a cemetery the title transfers back to the City of La Porte.
Attached to this agenda request is the Agreement and a Special Warranty Deed that meets these two requirements.
Furthermore, the agreement specifies that the La Porte Cemetery Association will be responsible for maintaining this
property once deeded to them.
Staff recommends approving the agreement with La Porte Cemetery Association and conveying the property to them for a
minimal cost of $10 with the expectation that the La Porte Cemetery Association utilize the property for public purposes
and shall maintain the property once deeded to them.
Action Required by Council:
Consider approval or other action regarding an agreement with the La Porte Cemetery Association pertaining to the
conveyance of approximately 1.14 acres of land noted as Lots 1-16, inclusive, in Block 1151, of Town of La Porte, a
subdivision in Harris County, Texas to the La Porte Cemetery Association for $10.
Approved for City Council Agenda
Corby D. Alexander, City Manager Date
REVERTER AGREEMENT
This REVERTER AGREEMENT is dated as of this ____ day of ________________, 2018 by and between the
604 W. Fairmont Pkwy. and the La Porte Cemetery
P.O. Box 1756, La Porte, Texas 77572.
RECITALS
A. WHEREAS Texas Local Government Code Section 253.011 authorizes a municipality with a population
less than 1.9 million to transfer real property to a nonprofit organization, without complying with the
notice and bidding requirements of Local Government Code Section 272.001(a) or other law, conditioned
on the execution of a reverter agreement wherein the nonprofit organization promises to use the property
B.
provision that requires the nonprofit organization to use the property in a manner that primarily promotes
a public purpose and that further provides that ownership of the property automatically reverts to the
municipality if the nonprofit organization at any time fails to use the property in such a manner.
C. WHEREAS the City of La Porte owns in fee simple real estate described as Lots 1 through 16, Block
1151, Town of La Porte, currently under the
ownership of the La Porte Cemetery Association and which the Association uses as a public cemetery.
D. WHEREAS the City of La Porte has determined that the Property is surplus property, and due to its
proximity to the La Porte Cemetery, would best serve the needs of the citizens of La Porte if utilized in
connection of the operation of a public cemetery.
E. WHERAS the La Porte Cemetery Association has expressed its desire to acquire the Property from the
City of La Porte for use as a public cemetery.
F. WHEREAS the City of La Porte is only willing to convey the Property to the La Porte Cemetery
Association on the condition that the Association execute a reverter agreement wherein it promises to use
the Property for the public purpose of operating a public cemetery.
G. WHEREAS the City of La Porte finds that the La Porte Cemetery Association is an organization that is
exempt from federal taxation under Section 501(c)(13), Internal Revenue Code of 1986, as amended, and
that the La Porte Cemetery is a public cemetery.
NOW THEREFORE, in consideration of the transfer of the Property to the Association and other consideration,
the receipt and sufficiency of which are acknowledged, the parties agree as follows:
Section 1. In accordance with Texas Local Government Code Section 253.011 the City agrees to convey to the
of even date herewith between the City and Association, with right conferred to the Association to own and
occupy the Property so long as and on the condition that the Property 1) is used by the Association for the public
purpose of operating a public cemetery and 2) is properly maintained.
Section 2. In the instance that the Property is ever used for a purpose or function other than for public cemetery
purposes or is abandoned by the Association, or should the Property not be properly maintained, then title to the
Property shall absolutely and automatically revert to the City of La Porte. For such purposes the Association
expressly agrees that upon the occurrence an event causing title to revert to the City of La Porte it shall not be
required that the City of La Porte file suit or re-enter the property, and furthermore, the Association agrees that
no act or omission on the part of any beneficiary of this clause shall be a waiver of the operation of this provision.
Section 3. In the event the Property reverts to the City of La Porte under the terms of this Agreement and the Deed
executed in connection therewith, then if necessary Association will provide a warranty deed to the Property in
form and substance acceptable to City of La Porte, evidencing the re-conveyance of the Property.
Section 4. The Association agrees that conveyance of the Property is expressly subject to the terms of this
Agreement and the Deed executed by the City of La Porte in connection therewith.
Section 5. Developer will not place any additional liens or encumbrances on the Property except as consented to
by the City of La Porte.
Section 6. This Agreement shall be binding upon the parties hereto and shall be binding upon and inure to the
benefit of their successors and assigns.
Section 7. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Texas.
Section 8. This Agreement may only be modified or amended by a written agreement signed by authorized
representatives of the parties hereto.
WITNESS the following signatures as of the year and date first above written.
CITY OF LA PORTE, TEXAS
________________________
Louis R. Rigby, Mayor
ATTEST
___________________________
City Secretary
STATE OF TEXAS §
§
COUNTY OF HARRIS §
This instrument was acknowledged before me on _____ day of ______________, 2018, by Louis R. Rigby,
Mayor of the City of La Porte, Texas, a municipal corporation.
____________________________________
Notary Public, State of Texas
LA PORTE CEMETERY ASSOCIATION
_________________________________________________
Debbie Grasso, President of the La Porte Cemetery Association
STATE OF TEXAS §
§
COUNTY OF HARRIS §
This instrument was acknowledged before me on _____ day of ______________, 2018, by Debbie Grasso,
president of the La Porte Cemetery Association.
____________________________________
Notary Public, State of Texas
EXHIBIT A
Lots One (1) through Sixteen (16), inclusive, in Block 1151, of TOWN OF LA PORTE, a subdivision in Harris County, Texas,
according to the map or plat thereof recorded in Volume 57, Page 320 of the Deed Records of Harris County, Texas.
SPECIAL WARRANTY DEED
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR
STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED
FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S
LICENSE NUMBER.
Date: February ____, 2018
Grantor: City of La Porte, Texas, a municipal corporation
Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571
Grantee: La Porte Cemetery Association, a Texas non-profit corporation
Mailing Address: P.O. Box 1756, La Porte, Texas 77572
Consideration: Ten and No/100 Dollars ($10.00) cash
and other good and valuable considerations
Property (including any improvements):
Lots One (1) through Sixteen (16), inclusive, in Block 1151, of TOWN OF LA PORTE, a
subdivision in Harris County, Texas, according to the map or plat thereof recorded in Volume 57,
Page 320 of the Deed Records of Harris County, Texas.
Use of Property for public cemetery purposes; reverter:
In accordance with Texas Local Government Code Section 253.011 this conveyance is subject to the condition
that the Property is to be used for the public purpose of operating a public cemetery and thereafter to be used
solely for public cemetery purposes.
Grantee is to hold the Property while, and for so long as, the property is used for the purposes of operating a
public cemetery.
If and when the Property is ever used for purposes other than a public cemetery or is abandoned by grantee, its
successor or assigns, this conveyance shall be null and void, and title to the Property shall absolutely and
automatically revert to Grantor, its successors and assigns, without the necessity of re-entry or suit; and no act or
omission on the part of any beneficiary of this clause shall be or constitute a waiver of the operation of this
provision.
Reservations from and Exception to Conveyance and Warranty:
Taxes for the current year, to the extent applicable, are assumed by Grantee. This conveyance is made subject to all
and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements, and covenants, if any,
application to enforcement against the above described property as reflected by the records of the county clerk of
the aforesaid county.
Grantor for the consideration and subject to the reservations from and exceptions to conveyance and warranty,
grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto
in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or
assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and
forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors,
and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by,
through, or under Grantor, but not otherwise, except as to the reservations from and exceptions to conveyance and
warranty.
When the context requires, singular nouns and pronouns include the plural.
CITY OF LA PORTE, TEXAS
By: __________________________________________
LOUIS R. RIGBY
Mayor
ATTEST:
___________________________________
City Secretary
STATE OF TEXAS §
§
COUNTYOF HARRIS §
This instrument was acknowledged before me on the ____ day of February 2018, by LOUIS R. RIGBY, Mayor of
the City of La Porte, Texas, a municipal corporation.
____________________________________
Notary Public, State of Texas
AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF:
Askins & Askins, P.C. Askins & Askins, P.C.
P.O. BOX 1218 P.O. BOX 1218
La Porte, TX 77572-1218 La Porte, TX 77572-1218
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: February 26, 2018
Source of Funds: Fund 038 - EDC
Requested By: Jason B. Weeks, Assistant City Manager
Account Number: 038.6030.565.5007
Department: Administration
Amount Budgeted: $72,000
Report Resolution: Ordinance:
Amount Requested: $74,000
Exhibit: 1. Ridership Data
Budgeted Item: YES NO
2. Interlocal Agreement (includes Exhibits)
SUMMARY & RECOMMENDATION
For the past seven years, the City of La Porte has participated with Harris County Transit Authority (HCTA) to provide
regional bus service. In 2013, the City provided closed door service for La Porte residents only to locations within the
City, as well as selected sites outside the City such as Social Security Office, Strawberry Clinic, a connector shuttle to
Baytown, and paratransit services. Paratransit services are those services required by the Americans with Disabilities Act
(ADA) for residents with disabilities who are unable to use fixed route transportation systems and are deemed eligible for
The County administers a federal grant for the cost of providing the service and
La Porte provides a match to complete the funding.
-month service year, which begins upon approval and execution of the
$3,000 increase from last year. This is the only change in the current agreement
from the previous agreement with HCTA. The County rebid their transit services and the cost of these services increased;
therefore, the County is passing on the increase in the bid cost to La Porte. Prior to last fiscal year, the cost was split
between the General Fund and EDC. This year, the cost has been budgeted 100% in EDC for $72,000.
Staff recommends approving the amendment to the Bus Service Agreement with Harris County Transit Authority for local
bus service for 12-month period beginning February 26, 2018.
Action Required by Council:
Consider approval or other action regarding an interlocal agreement for bus services between Harris County and the City
of La Porte for local bus transit services for the period of twelve (12) months with the approval of Harris County.
Approved for City Council Agenda
Corby D. Alexander, City Manager Date
La Porte
La Porte Monthly Passenger Ridership
MonthTrips
Oct-14540
800
Nov-14379
Dec-14376
Jan-15347
734
Feb-15440
Mar-15581
Apr-15269
700
May-15517
676
Jun-15244
Jul-15474
Aug-15495
Sep-15595
Oct-15734
595
600
Nov-15486
581
Dec-15460
Jan-16435
546
540
Feb-16457
Mar-16373
517517517
Apr-16336
499
498
495
500
May-16248
486
474
Jun-16267
460
457
Jul-16322
440
Aug-16498
436436
435435
426
Sep-16435
422
Oct-16422
393
Number Of Trips
Nov-16374 400
388
380
379
376
Dec-16312 374
373
Jan-17334
347
Feb-17436
336
334
Mar-17499
322
312
Apr-17517
May-17426
300
Jun-17380
269
267
Jul-17388
248
Aug-17436
244
Sep-17517
Oct-17676
Nov-17546
200
Dec-17393
Jan-18
Feb-18
Mar-18
Apr-18
May-18
100
Jun-18
Jul-18
Aug-18
Sep-18
Total16964
0
Oct-Nov-Dec-Jan-Feb-Mar-Apr-May-Jun-Jul-Aug-Sep-Oct-Nov-Dec-Jan-Feb-Mar-Apr-May-Jun-Jul-Aug-Sep-Oct-Nov-Dec-Jan-Feb-Mar-Apr-May-Jun-Jul-Aug-Sep-Oct-Nov-Dec-Jan-Feb-Mar-Apr-May-Jun-Jul-Aug-Sep-
141414151515151515151515151515161616161616161616161616171717171717171717171717181818181818181818
Months
Baytown/La Porte Shuttle
MonthTrips
Oct-14325
Baytown/La Porte Shuttle Monthly Ridership
Nov-14237
700
Dec-14286
Jan-15198
Feb-15224
Mar-15293
634
Apr-15269
May-15247
Jun-15244
603
Jul-15277
600
582
Aug-15354
Sep-15359
Oct-15603
Nov-15403
Dec-15413
Jan-16449
498
Feb-16403
500
489
481
Mar-16459
477
Apr-16489
459
454
May-16481
450
449
447
Jun-16400
435
433
Jul-16373
421
413
410410
Aug-16498
407
406
403403
400
Sep-16435
400
Oct-16582
373
Nov-16454
365
359
354
Dec-16407
350
343
Jan-17410
325
Feb-17350
Mar-17410
Number of Trips
Apr-17634
293
300
286
May-17433
277
Jun-17365 269
Jul-17450
247
244
Aug-17421
237
Sep-17406
224
Oct-17477
Nov-17447
198
200
Dec-17343
Jan-18
Feb-18
Mar-18
Apr-18
May-18
Jun-18
100
Jul-18
Aug-18
Sep-18
Total15308
0
Oct-Nov-Dec-Jan-Feb-Mar-Apr-May-Jun-Jul-Aug-Sep-Oct-Nov-Dec-Jan-Feb-Mar-Apr-May-Jun-Jul-Aug-Sep-Oct-Nov-Dec-Jan-Feb-Mar-Apr-May-Jun-Jul-Aug-Sep-Oct-Nov-Dec-Jan-Feb-Mar-Apr-May-Jun-Jul-Aug-Sep-
141414151515151515151515151515161616161616161616161616171717171717171717171717181818181818181818
Months
*Note:The City of La Porte provides match for the La Porte service only. The Baytown-La Porte Connector provides additional transportation for La Porte residents to access the
Social Security and Strawberry Clinic in Pasadena as well as a connection to the METRO system at the Gulfgate Center. The connector service is totally paid for by Harris County
and it is used by La Porte residents so basically the City of La Porte is getting a two bus service for the cost of one bus.
La Porte Monthly Passenger Ridership
800
700
600
500
400
300
200
100
-
2014-152015-162016-172017-18
La Porte Annual Passenger Ridership
6,000
5,257
5,051 5,049
5,000
4,000
3,000
2,000
1,615
1,000
-
2014-152015-162016-172017-18
Note: 2017-18 Data includes only October, November and December 2017
Baytown/La Porte Shuttle Monthly Ridership
700
600
500
400
300
200
100
-
2014-152015-162016-172017-18
Baytown/La Porte Shuttle Annual Ridership
6,000
5,406
5,322
5,000
4,000
3,313
3,000
2,000
1,267
1,000
-
2014-152015-162016-172017-18
Note: 2017-18 Data includes only October, November and December 2017
INTERLOCAL AGREEMENT
THE STATE OF TEXAS §
§
COUNTY OF HARRIS §
This Interlocal Agreement for Fixed Route Bus Service is made and entered
into pursuant to Chapter 791 of the Texas Government Code by and between Harris County, Texas,
a ,
and the City of La Porte, a home-rule city under the laws of the State of Texas, hereinafter called
La Porte. The County and La Porte may each be referred
Recitals
Certain portions of eastern Harris County lie outside the jurisdictional boundaries and
service area of the Metropolitan Transit Authority of Harris County, Texas. La Porte and the
County find that the operation of fixed route bus service as provided for in this Agreement will
enhance regional mobility and support transit services within the County and La Porte.
The Parties now desire to enter into this Agreement to establish a new term for the fixed
route bus service and to provide for responsibilities and funding of that service.
TERMS:
ARTICLE I. Agreement and Definitions
1.1 Scope of Agreement. County, upon receipt of funding from La Porte and matching
federal funds, will provide for the operation of fixed route bus services as described in more detail
in Exhibit A.
1.2 Definitions. For the purposes of this Agreement, the following terms shall have the
meanings set forth below:
1.2.1 means services provided on a repetitive, fixed schedule
basis along a specific route with vehicles stopping to pick up and deliver passengers to specific
locations; each fixed route trip serves the same origins and destinations.
1.2.2
with Disabilities Act (ADA) for individuals with disabilities who are unable to use fixed route
transportation systems and are deemed eligible for the service.
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1.2.3 e financial assistance from local entities that
support the operation of the transit system as required by a grant to match the federal contribution.
They include, but are not limited to: tax levies; general funds; specified contributions,
contributions from city, county, or other municipal government towards the Local Share portion
of the transit system budget; and other revenues such as advertising.
ARTICLE 2. La Porte Obligations
2.1 La Porte will provide and maintain, in accordance with the requirements set forth
herein and make available for use in regard to services hereunder, transit stops at all locations
cing both directions, using the graphic shown in Exhibit B to this Agreement. As
additional Federal Transit Authority (FTA) capital improvement funds become available, the
County may at it sole option, use those funds and Local Matching Funds provided by La Porte to
pay for additional transit stop improvements such as connecting sidewalks to stops within ¾ miles,
of a stop or shelter bike paths within 3 miles that connect to a stop and / or shelter site pads, park
benches and passenger shelters.
2.2 All transit stops will have the following minimum standards:
2.2.1 A firm stable surface;
2.2.2 A minimum clear length of 96 inches measured from the curb or roadway edge and
minimum clear width of 60 inches measured parallel to the vehicle roadway;
2.2.3 A maximum slope of 1:50 (2%) for water drainage; and
2.2.4 An accessible route to the streets, sidewalks or pedestrian paths.
2.3 La Porte will provide advertising on La Porte Internet Site as well as other media,
informing the general public of the availability of transit services in the community. Additionally,
La Porte will provide information inserts into its utility bills, but only at such time or intervals as
requested by County in writing. The design of the information inserts
will be provided by the County.
2.4 Within fifteen (15) days of the effective date of this Agreement, La Porte shall send
Seventy-Four Thousand and No/Dollars ($74,000.00) to the County in satisfaction of its
obligations to provide Local Matching Funds. Should the County determine that such funds from
La Porte are inadequate to pay for all required Local Matching Funds during the term of this
Agreement, the County shall have no obligation to continue providing the services hereunder
Ћ
unless and until La Porte provides the necessary additional funds to the County for such purpose,
subject to the same requirements applicable to use of the original contribution. Additional funds
shall be provided within forty-five (45) days.
2.5 La Porte shall comply with the Davis-Bacon and Copeland Anti-Kickback Acts
codified at 40 USC 3141, et. seq and 18 USC 874 to the extent applicable.
2.6 Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as
amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42
U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132,
and Federal transit law at 49 U.S.C. § 5332, La Porte agrees that it will not discriminate against
any employee or applicant for employment because of race, color, creed, national origin, sex, age,
or disability. In addition, La Porte agrees to comply with applicable Federal implementing
regulations and other implementing requirements FTA may issue.
2.7 Equal Employment Opportunity - The following equal employment opportunity
requirements apply to the underlying contract:
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil
Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, La Porte
agrees to comply with all applicable equal employment opportunity requirements of U.S.
Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs,
Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which
implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by
Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment
Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders,
regulations, and Federal policies that may in the future affect activities undertaken in the course of
the Project. La Porte agrees to take affirmative action to ensure that applicants are employed, and
that employees are treated during employment, without regard to their race, color, creed, national
origin, sex, or age. Such action shall include, but not be limited to, the following: employment,
upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination;
rates of pay or other forms of compensation; and selection for training, including apprenticeship.
In addition, La Porte agrees to comply with any implementing requirements FTA may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act
of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, La Porte
Ќ
agrees to refrain from discrimination against present and prospective employees for reason of age.
In addition, La Porte agrees to comply with any implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities
Act, as amended, 42 U.S.C. § 12112, La Porte agrees that it will comply with the requirements of
U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal
Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining
to employment of persons with disabilities. In addition, La Porte agrees to comply with any
implementing requirements FTA may issue.
2.8 La Porte also agrees to include these requirements in each subcontract financed in
whole or in part with Federal assistance provided by FTA, modified only if necessary to identify
the affected parties.
ARTICLE 3. County Obligations
3.1 The County agrees to operate the Fixed Route Bus Service in the City of La Porte
and provide necessary transit vehicles through the use of outside contractors. The Director of the
County Community Services Department (Director) will, in consultation with the Mayor of La
Porte, determine the travel routes for such service, and will determine the schedule for operations,
and the type and number of transit vehicles to be utilized for the service. The Director may, from
time to time, revise the schedule of operation of the service based upon ridership levels and service
demands in consultation with the Mayor. Any changes in service will be subject to the public input
requirements of Title VI, 42 U.S.C. The routes currently in service
this Agreement. The service hours will be from 7:00 AM until 6:00 PM Monday through Friday
excluding County holidays. The County shall have no obligation to obtain sites for or to construct
or maintain transit stops for the bus service.
3.2 Fares will be assessed for use of the transit services. The County will collect and
retain the fares as follows, provided that the County may enter into agreements as it may deem
necessary and proper to provide for bus services to be provided otherwise than by payment of such
fees:
Adult (12 years and older) $1.00 each way
Children (2 years to 11 years) $ .50 each way
Seniors (65 and older with identification) $ .50 each way
Disabled (with identification) $ .50 each way
Ѝ
Medicare recipients (with identification) $ .50 each way
Children under 2 years FREE
Certified ADA Paratransit Passengers $2.00 each way
3.3 Federal Transit Administration (FTA) funds can only be accessed on a
reimbursement basis. Notwithstanding any provision of this Agreement that might be construed
to the contrary, the County shall not be obligated by this Agreement to expend any funds, but it is
understood and agreed that the funds provided by La Porte may only be expended if the County,
to the extent that the County at its sole option, expends matching funds for the purpose of seeking
FTA reimbursement. La Portematching
contributions required by a local recipient. All FTA reimbursement will be the property of the
County.
ARTICLE 4. Independent Parties
4.1 This Agreement is not intended to create and shall not constitute a partnership or joint
venture between the Parties. Parties shall have and retain the exclusive right of control over
employment, firing, discipline, compensation, insurance, and benefits in accordance with the
applicable laws of the State of Texas. La Porte has no authority to bind or otherwise obligate the
County orally, in writing or by any act or omission. Nothing contained herein shall establish an
agency, employee-employer relationship, partnership, joint enterprise, joint employer, or joint
venture relationship by or between the Parties. Nothing in this Agreement will create or be deemed
to create a relationship between the Parties to this Agreement, including a relationship in the nature
of a third-party beneficiary or fiduciary.
ARTICLE 5. Termination and Default
5.1 Termination by La Porte or the County. La Porte or the County may, terminate
this Agreement without cause upon ninety (90) days prior written notice to the other Party.
5.2 Notice of Default.
5.2.1 La Porte or the County shall be deemed in default under this Agreement if La Porte
or the County in any material respect fails to perform, observe or comply with any of its covenants,
agreements or obligations, or breaches or violates any of the representations contained in this
Agreement.
Ў
5.2.2 Before any failure of either La Porte or the County shall be deemed to be a breach
of this Agreement, the Party claiming such failure shall notify, in writing, the Party alleged to have
failed to perform, of the alleged failure and shall demand the Party to cure the default within ninety
(90) calendar days. If the allegedly failing Party has not cured the default, that Party will be in
default of this Agreement, unless La Porte and the County agree to extend time for cure, and the
Agreement may be terminated by the other Party immediately upon notice of the non-defaulting
ARTICLE 6. Term
6.1 This Agreement shall be for a term beginning upon execution by both Parties and,
unless terminated sooner as set forth above, and continue in full force and effect for twelve (12)
consecutive months. Any unexpended and unearned surplus funds provided by La Porte remaining
upon termination of this Agreement will be refunded to La Porte unless different arrangements are
made in an amendment to this Agreement or a new agreement between the Parties in regard to the
Fixed Route Bus Service. The County is under no obligation to invest or to account for or pay to
La Porte any earnings upon funds provided hereunder by La Porte.
ARTICLE 7. Miscellaneous
7.1 Approvals, Further Documents. Where this Agreement requires approval,
consent, permission, agreement or authorization by either Party, such approval, consent,
permission, agreement or authorization shall not be unreasonably withheld or delayed. The Parties
agree to execute such further documents, agreements, instruments and notices as may be necessary
or appropriate to effectuate the purposes of this Agreement.
7.2 Maintenance of Records. The County shall maintain records to show actual time
involved in the provision of the transportation services, the cost incurred for the period of time
specified, and the level of ridership. The County shall maintain ridership information in a manner
consistent with National Transit Database reporting requirements and provide a quarterly report of
same to La Porte. To the extent applicable to the transportation service, La Porte and the County
shall cooperate in good faith to provide records satisfactory to the federal government or any other
regulatory body.
7.3 Audit and Inspection of Records. La Porte and the County shall permit the
authorized representatives of La Porte, the County, and the federal government to inspect and audit
Џ
all data records of La Porte and the County relating to their performances under this Agreement.
La Porte shall keep its books and records available for this purpose for at least five (5) years after
this Agreement terminates. In the event any record is needed to support any dispute or legal action,
such records shall be maintained for a period of not less than five (5) years following the settlement
of any such dispute or legal action.
7.4 Notices. Any notices required or permitted to be given under the terms of this
Agreement shall be in writing and shall be deemed to be given as of the time of hand delivery to
the addresses set forth below, or five (5) days after deposit in the United States mail, postage
prepaid, by registered or certified mail, return receipt requested, addressed as follows,:
TO HARRIS COUNTY:
Harris County, Texas
ATTN: David B. Turkel
Director, Harris County Community Services Department
Developmental Department
8410 Lantern Point Drive
Houston, Texas 77054
TO LA PORTE:
City of La Porte
Attn: Patrice Fogarty, City Secretary
604 W Fairmont Pkwy
La Porte, Texas 77571
A Party may change the address for notices upon at least 10 days written notice under the provision.
7.5 Waiver. The failure of any Party at any time or times to require performance of
any provision hereof shall in no manner affect the right at a later time to enforce the same. No
waiver of a Party of any condition or breach of any term, covenant, representation or warranty
contained herein, in any one or more instances, shall be deemed to be constructed a further or
continuing waiver of any such condition or breach or waiver of any other condition or of any
breach of any other term, covenant, representation or warranty.
7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties
with regard to the matters addressed herein. This Agreement may not be amended, modified,
А
superseded or canceled, nor may any of the terms, covenants, representations, warranties or
conditions be waived except by written instrument executed by the Parties.
7.7 Force Majeure. Neither Party shall be held liable for any loss or damage due to
delay or failure in performance of any part of this Agreement from any cause beyond its control
that directly impacts its ability to perform, and without its fault or negligence, which causes may
include acts of God, acts of civil or military authority, government regulations (except those
promulgated by the party seeking the benefit of this provision), embargoes, epidemics, war,
terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes,
power blackouts, other major environmental disturbances or unusually severe weather conditions.
7.8 Governing Law. This Agreement shall be constructed and enforced in accordance
with the laws of the State of Texas. The exclusive forum and venue for any action arising out of,
in connection with, or in any way relating to the Agreement is in a state or federal court of
competent jurisdiction in Houston, Harris County, Texas.
7.9 Headings. Headings and captions contained herein are inserted for convenience
and of reference only, and are not deemed part of or to be used in constructing this Agreement.
7.10 Survival. Each Party shall remain obligated to the other Party under all clauses of
this Agreement that expressly or by their nature extend beyond the expiration or termination of
this Agreement.
7.11 Current Funds. Each Party paying for the performance of governmental functions
or services under this Agreement must make those payments from current revenues available to
the paying Party.
7.12 Compliance with Laws. The Parties shall comply with all applicable laws in
carrying out its obligations under this Agreement.
7.12 Execution; Multiple Counterparts. The Agreement may be executed in several
counterparts. Each counterpart is deemed an original. All counterparts together constitute one and
the same instrument. Each Party warrants that the undersigned is a duly authorized representative
with the power to execute this Agreement.
Б
HARRIS COUNTY CITY OF LA PORTE
By:_____________________________ By:_____________________________
DAVID TURKEL Louis R. Rigby
EXECUTIVE DIRECTOR Mayor
Community Services Department
APPROVED AS TO FORM: ATTEST
Vince Ryan, Harris County Attorney
By:_____________________________ By:_____________________________
Amy Samples Patrice Fogarty
Assistant County Attorney City Secretary
C.A. File No.: 17GEN2299
В
EXHIBIT A
Bus Routes
Exhibit B
Information/Informacion
713-578-2044
th
January 29, 2018
To: La Porte City Council
Thru: Corby Alexander, City Manager
From: Kenith Adcox, Chief of Police
Subject: Racial Profiling Report for the La Porte Police Department
Honorable Council Members:
The following report is provided in accordance with Article 2.132 (7) of the Texas Code of Criminal Procedures.
The Code requires that the police department annually report, to its governing body, data collected on the race or
ethnicity of individuals stopped for traffic violations and subsequently cited, searched and/or arrested. Reporting
st
must take place on or before March 1 of each year.
policies, training, and statistical information on racial profiling for the year 2017. To assist City Council in their
examination of the included data, detailed demographic data has also been provided relating to the City of La
Porte, Harris County, and the State of Texas. For the purposes of this report and analysis, the following definition
of racial profiling is used: racial profiling means a law enforcement-initiated action based on an individual's
race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the
individual as having engaged in criminal activity (Texas CCP Article 3.05).
La Porte Police Department Policy/ Training on Racial Profiling
A review of La Porte Police Department Policy 314 and 401.2.6 provide evidence that the department has adopted
policies in compliance with Article 2.132 of the Texas Code of Criminal Procedure (see Appendix A). There are
which provides clear direction that any form of racial profiling is prohibited and that officers found engaging in
inappropriate profiling may be disciplined up to and including termination. The regulations also provide a very
ophy regarding equal treatment of all persons regardless of race or ethnicity.
All members of the La Porte Police Department have received formal training required by the State of Texas
relating to Racial Profiling and have been provided, and signed for copies of, the departmental policy in question.
Additionally, the policy is required to be reviewed with all employees by supervisors on a bi-annual basis.
La Porte Police Department Statistical Data on Racial Profiling
In accordance with Departmental Policy, Officers of La Porte Police Department submitted statistical information
on all contacts made with motorists in 2017 and accompanying information on the race of the person contacted.
This data has been aggregated and is presented in the following tables, accompanied by relevant information on
searches, arrests, and demographic information.
LPPD Percentage Citations Issued Compared with Overall Race Representation in Population
70%
60%
50%
40%
30%
20%
10%
0%
AsianBlackCaucasianHispanicMid. EastNative AmOther
LPPD Percent Citation Per RaceLPPD Population Representation
Harris County Population RepresentationTexas Population Representation
Race La Porte PD Motorist LPPD La Porte Harris County Texas
Percent Cited
Population Population Representation Population
Citations
by Race
Representation Representation
Asian 193 1.97% 0.90% 6.60% 4.30%
Black 1,458 14.85% 4.50% 18.50% 11.60%
Caucasian 5,713 58.18% 60.50% 31.20% 43.80%
Hispanic 2,326 23.69% 31.10% 41.80% 38.60%
Mid. East 17 0.17% 0.80% 0.20% 0.80%
Native Am 16 0.16% 0.30% 0.30% 0.20%
Other 97 0.99% 1.90% 1.40% 0.70%
Total 9,820 100% 100% 100% 100%
LPPD Searches Compared with Overall Race Representation in Population
80%
70%
60%
50%
40%
30%
20%
10%
0%
AsianBlackCaucasianHispanicMid. EastNative AmOther
LPPD Percent Searched by RaceLa Porte Population Representation
Harris County Population RepresentationTexas Population Representation
LPPD Harris County
Race LPPD Without With La Porte Texas
Percent Population
Population Population
Searches Consent Consent
Searched by Representation
Representation Representation
Race
Asian 3 3 0 2.26% 0.90% 6.60% 4.30%
Black 13 5 6 9.77% 4.50% 18.50% 11.60%
Caucasian 89 49 40 66.92% 60.50% 31.20% 43.80%
Hispanic 27 16 10 20.30% 31.10% 41.80% 38.60%
Mid. East 1 0 1 0.75% 0.80% 0.20% 0.80%
Native Am 0 0 0 0.00% 0.30% 0.30% 0.20%
Other 0 0 0 0.00% 1.90% 1.40% 0.70%
Total 133 74 56 100% 100% 100% 100%
LPPD Arrests Compared with Overall Race Representation in Population
70%
60%
50%
40%
30%
20%
10%
0%
AsianBlackCaucasianHispanicMid. EastNative AmOther
LPPD Percent Arrests by RaceLa Porte Population Representation
Harris County Population RepresentationTexas Population Representation
Harris County
Race LPPD Arrests La Porte PD La Porte Texas
Population
Percent Arrested by Population Population
Representation
Race Representation Representation
Asian 1 0.14% 0.90% 6.60% 4.30%
Black 95 13.57% 4.50% 18.50% 11.60%
Caucasian 390 55.71% 60.50% 31.20% 43.80%
Hispanic 212 30.29% 31.10% 41.80% 38.60%
Mid. East 2 0.29% 0.80% 0.20% 0.80%
Native Am 0 0.00% 0.30% 0.30% 0.20%
Other 0 0.00% 1.90% 1.40% 0.70%
Total 700 100% 100% 100% 100%
Overall involvement by Race for LPPD Citations and Arrests without Citation
70%
60%
50%
40%
30%
20%
10%
0%
AsianBlackCaucasianHispanicMid. EastNative AmOther
La Porte Total Involvement by RaceLa Porte Population Representation
Harris County Population RepresentationTexas Population Representation
Harris County
Race Total Contacts La Porte Total La Porte Texas
Population
Involvement by Race Population Population
Representation
Representation Representation
Asian 194 1.88% 0.90% 6.60% 4.30%
Black 1,534 14.90% 4.50% 18.50% 11.60%
Caucasian 5,982 58.12% 60.50% 31.20% 43.80%
Hispanic 2,451 23.81% 31.10% 41.80% 38.60%
Mid. East 19 0.18% 0.80% 0.20% 0.80%
Native Am 16 0.16% 0.30% 0.30% 0.20%
Other 97 0.94% 1.90% 1.40% 0.70%
Total 10,293 100% 100% 100% 100%
The above statistics seem to indicate that Black drivers were contacted, searched, and arrested incident to traffic
violations at a rate higher than the percentage of their respective residency within the City of La Porte, but lower
than the percentage of their respective residency within the greater Harris County Region. As such, while
noticeable, easy determin
motorist are difficult given the fact that many drivers stopped by police officers are not residents of La Porte and
may be traveling within or through the City from other areas of the county/state/country. As detailed above, these
areas are much more highly represented by minority populations and may therefore account for larger percentages
of non-resident traffic offenders, making comparisons relating strictly to La Porte area populations impractical.
I
Court in order to determine actual traffic citations written to La Porte residents, along with respect to percentages
Findings revealed, that overall, approximately 22% of all traffic stops conducted by LPPD
involved the citing of La Porte residents. This equates, approximately, to only one of every five citations being
written to local residents. Otherwise stated, 78% of all traffic stops made by La Porte Police Officers involve
drivers who do not live in the City of La Porte. Furthermore, when broken down by driver race, the majority of
citations were overwhelmingly issued to Caucasian drivers (81%). The remaining breakdown by race, regarding
La Porte residents cited by La Porte Police Officers in 2017, were as follows: Black - 12%; Hispanic 6%; Asian,
Middle Eastern, Native American, and Other or Unknown - <1% per group.
Additionally, the absence of any verifiable race/ethnicity data on the driver's license is troubling given the
possibility that officers may misclassify individuals. This is a particular problem when dealing with citizens who
are of mixed racial decent. As such, the validity of any racial/ethnic disparities discovered in the aggregate level
data becomes threatened in direct proportion to the number of subjective "guesses" officers are forced to make
when trying to determine an individual's racial/ethnic background. This may account for why Hispanic drivers
are represented at a rate far lower than local, county, and state population projections, while Caucasian and Black
drivers are more highly represented. In other words, officers may, for example, be listing mixed race drivers as
being Caucasian or Black, when these individuals may, for census purposes, have identified themselves as
Hispanic.
Finally, it is important to note that the included census data represents U.S. Census population figure estimates
according to Demographic Profile Data of General Population and Housing Characteristics representing all age
groups, yet does not take into account a specific combination of age and race regarding the percentage of the
drivers who were actually stopped. Additionally, while population figure estimates are represented here, updates
of the actual demographic statistics for the year 2017 are not yet available.
Still, the La Porte Police Department is committed to providing public safety without bias of any type and will
continue to closely track, monitor, and regulate employee activities in order to ensure that biased-based policing
does not occur. A review of internal administrative records indicated that during 2017 the department received
one traffic stop complaint that could be categorized as involving some type of racial profiling allegation. The
traffic stop complaint was made by a citizen of Asian descent, who believed they were stopped by the officer
strictly based on their race. The complaint was th
Section and revealed no indication that the officer could have known the race or ethnicity of the driver prior to
initiating the stop in question. The investigation further determined that the stop was for a valid, hazardous, traffic
violation. Ultimately the investigation was cleared as not sustained.
In summary, the foregoing analysis shows that the La Porte Police Department is fully in compliance with all
relevant Texas laws concerning racial profiling, including the existence of a formal policy prohibiting racial
profiling by its officers, officer training, and the collection of data in compliance with the law. As a result of this
analysis, and the listed statistics, it is my belief that the officers of the La Porte Police Department are operating
appropriately and without bias relating to individual violator race, ethnicity, or national origin.
Respectfully Submitted,
________________________
Kenith R. Adcox
Chief of Police
Appendix A
Policy
La Porte Police Department
Policy Manual
314
Bias-Based Policing
314.1 PURPOSE AND SCOPE
Thispolicy provides guidance to department members and establishes appropriate controls to ensure that employees of
the La Porte Police Department do not engage in bias-based policing or violate any related laws while serving the
community and:
To comply with the Texas Code of Criminal Procedure Article 2.132.
To reaffirm this commitment to unbiased policing in all its encounters
between an officer
and any person.
To reinforce procedures that serve to ensure public confidence and mutual trust
through the provision
of services in a fair and equitable fashion.
To protect our officers from unwarranted accusations of misconduct when they act
within the dictate of
departmental policy and the law.
Nothing in this policy prohibits the use of specified characteristics in law enforcement activities designed to strengthen
the relationship with its diverse communities (e.g., cultural and ethnicity awareness training, youth
programs, community group outreach and partnerships).
314.1.1 DEFINITIONS
Definitions related to this policy include:
Officer Initiated Stop/Activity A peace officer stops or initiates an activity based solely on his own observations and
initiative, not related to a dispatched call for service.
Pedestrian Stop An interaction between a peace officer and an individual who is being contacted for the
purpose of a criminal investigation in which the individual is not under arrest.
Race or Ethnicity Of a particular decent, including Caucasian, African, Hispanic, Asian, Middle Eastern, or Native
American.
Bias-based policing - An inappropriate reliance on characteristics such as race, ethnicity, national origin, religion,
sex,sexual orientation, gender identity or expression, economic status, age, cultural group, disability or affiliation with
anynon-criminal group (protected characteristics) as the basis for providing differing law enforcement service or
enforcement (Tex. Code of Crim. Pro. art. 3.05).
Traffic Stop A peace officer that stops a motor vehicle, for an illegal violation of a law or ordinance regulating
traffic.
314.2 POLICY
The La Porte Police Department is committed to providing law enforcement services to the community with due
regard for the racial, cultural or other differences of those served. It is the policy of this department to provide law
enforcement services and to enforce the law equally, fairly and without discrimination toward any individual or group.
It isthe policy of this Department to police in a proactive manner and to vigorously investigate suspected violations of
law.Officers shall actively enforce municipal, state and federal laws in a responsible and professional manner, without
regard to race, ethnicity or national origin, or on the basis of other criteria (ex. racial or ethnic stereotypes, sexual
orientation, etc.), rather than upon the behavior, activity, or other lawful reasons for the law enforcement
action. Officers are strictly prohibited from engaging in bias-based policing as defined in this policy. This policy shall
be applicable to all persons, whether drivers, passengers or pedestrians.
Officers shall conduct themselves in a dignified and professional manner at all times when dealing with the public. Two of
the fundamental rights guaranteed by both the United States and Texas constitutions are equal protection under the law
and freedom from unreasonable searches and seizures by government agents. The right of all persons to be treated equally
and to be free from unreasonable searches and seizures must be respected. Bias-based policing is an unacceptable patrol
tactic and will not be condoned.
Thispolicy shall not preclude officers from engaging in consensual contacts or offering assistance, such as initiating contact
uponobserving a substance leaking from a vehicle, a flat tire, or someone who appears to be ill, lost or confused. Nor does
this policy prohibit stopping someone suspected of a crime based upon observed actions and/or information received about
the person.
Race, ethnicity or nationality, religion, sex, sexual orientation, economic status, age, cultural group, disability or
affiliation with any other similar identifiable group shall not be used as the basis for providing differing levels of law
enforcement service or the enforcement of the law (Tex. Code of Crim. Pro., art. 2.131).
314.3 BIAS-BASED POLICING PROHIBITED
Bias-based policing is strictly prohibited. However, nothing in this policy is intended to prohibit an officer from
considering protected characteristics in combination with credible, timely and distinct information connecting a person
or people of a specific characteristic to a specific unlawful incident, or to specific unlawful incidents, specific criminal
patterns or specific schemes.
Suchpolicing pertains to persons who are viewed as suspects or potential suspects of criminal behavior. The term is not
relevant as it pertains to witnesses, complainants or other citizen contacts. The prohibition against bias based policing
setforth by this policy does not preclude the use of such elements when used as legitimate factors in a detention decision
when used as part of an actual description of a specific suspect for whom an officer is searching. Examples of biased- based
policing include, but are not limited to the following:
(a) Citing a driver who is speeding in a stream of traffic where most other drivers are speeding because of
(b) Detaining the driver of a vehicle based on the determination that a person of that race, ethnicity or national
origin is unlikely to own or possesses that specific make or model of vehicle.
(c) Detaining an individual based upon bias based/racial profiling does not belong in a specific part of town
or a specific place.
Alawenforcementagencycanderiveattwoprinciplesfromtheadoptionofthisprohibitionof biased-based policing:
(a) Police may not use stereotypes as factors in selecting whom to stop and search, though police may use
race in conjunction with other known factors of the suspect.
(b) Law enforcement officers may not use racial, ethnic or other stereotypes as factors in selecting whom to stop
and search. Bias-based policing is not relevant as it pertains to witnesses, complainants or other citizen
contacts
314.4 MEMBER RESPONSIBILITY
Everymember of this department shall perform his/her duties in a fair and objective manner and is responsible for
promptly reporting any known instances of bias-based policing to a supervisor. Members should, when reasonable
to do so, intervene to prevent any bias-based actions by another member.
314.4.1 REASON FOR CONTACT
Officers contacting a person shall be prepared to articulate sufficient reason for the contact, independent of the
protected characteristics of the individual.
Tothe extent that written documentation would otherwise be completed (e.g., arrest report, Field Interview (FI) card), the
involved officer should include those facts giving rise to the contact, as applicable.
Except for required data-collection forms or methods, nothing in this policy shall require any officer to document a contact
that would not otherwise require reporting.
314.4.2 REPORTING TRAFFIC STOPS
The Patrol Division Commander should ensure that the Department has appropriate systems in place to collect
information required by state racial profiling laws. Each time an officer makes a traffic stop, the officer shall gather the
required information using the system in place for racial profiling reporting.
(a) The location of the stop
(b) The initial reason for the stop
(c) The physical description of the driver, including:
1. The person's gender
2. The person's race or ethnicity as stated by the person or as best as can be determined by the officer
(d) Whether the officer knew the race or ethnicity of the detained person before the stop
(e) Whether a citation or a warning was issued as a result of the stop
(f) Whether an arrest was made and, if so, for what offense
(g) Whether the officer conducted a search and, if so, whether the search was based on consent, probable cause
or reasonable suspicion, incident to arrest, contraband or evidence in plain view, the result of towing the
vehicle for evidence or safekeeping or any other reason
(h) Whether any contraband or evidence was discovered and whether it was in plain view
(i) A description of any contraband or evidence located
(j) Whether the officer used physical force that resulted in bodily injury. The above
information will be entered in the OneSolution Racial Profiling module.
314.4.3 RETENTION
The Department shall retain all electronic recordings of each traffic and pedestrian stop for at least 90 days after the date of
the stop in accordance with Policy 107. If a complaint is filed with the Department alleging an Officer has engaged in
bias based/racial profiling, then the Department shall retain any electronic recordings as evidence of the stop until the
final disposition of the complaint.
314.4.4 PATROL AND TRAFFIC ENFORCEMENT VEHICLES
All Patrol and Traffic Enforcement vehicles will be equipped with audio/video recording systems in accordance with
policy 302.
314.5 SUPERVISOR RESPONSIBILITY
Supervisors shall monitor those individuals under their command for compliance with this policy and shall handle any
alleged or observed violation of this policy in accordance with the Personnel Complaints Policy.
(a) Supervisors should discuss any issues with the involved officer and his/her supervisor in a timely manner.
1. Supervisors should document these discussions, in the prescribed manner.
(b) In instances where officers record their public contacts, Supervisors will review two recordings per month
to ensure compliance with racial profiling laws (Tex. Code Crim. Pro. art. 2.132(d)) and this policy.
(a) Supervisors will document these reviews in the OneSolution RMS.
(b) Recordings and data that capture a potential instance of bias-based policing should be
appropriately retained for administrative investigation purposes.
(c) Supervisors shall initiate investigations of any actual or alleged violations of this policy.
(d) Supervisors should take prompt and reasonable steps to address any retaliatory action taken against any
member of this department who discloses information concerning bias-based policing.
(e) The Assistant Chief of the Patrol Bureau shall conduct an audit of the system the first part of each month
and shall verify that all appropriate supervisors are in compliance with this general order, and ensure that the
log is accurately completed. The Assistant Chief shall notify the Chief of Police no later than the 10th day
of each month of his findings.
314.6 STATE REPORTING
Chief of Police shall annually submit a report of the information required in Tex. Code of Crim. Pro. art. 2.132 to the
Texas Commission on Law Enforcement (TCOLE) and to each governing body served by the Department.
The Chief of Police shall also provide to TCOLE and each governing body served by the Department a report
containing an analysis of the information required by Tex. Code of Crim. Pro. art. 2.133. The report must be submitted by
March 1 of each year (Tex. Code of Crim. Pro. art. 2.134).
Thesereports may not include identifying information about any officer who made a traffic stop or about any individual
who was stopped or arrested (Tex. Code of Crim. Pro. art. 2.132; Tex. Code of Crim. Pro. art 2.134).
314.7 ADMINISTRATION
Eachyear, the Administrative Sergeant shall review the efforts of the Department to provide fair and objective policing
and submit an annual report, including public concerns and complaints, to the Patrol Assistant Chief of Police and the
Chief of Police. The annual report should not contain any identifying information regarding any specific complaint,
memberofthepublicorofficers.It shouldbereviewedbytheChiefofPolicetoidentifyanychangesintrainingor
operations that should be made to improve service (Tex. Code of Crim. Pro. art. 2.12).
Supervisors shall review the report submitted to TCOLE and the governing body and discuss the results with those they
are assigned to supervise.
314.8 COMPLIMENTS AND COMPLAINTS
The Patrol Division Commander is responsible for educating the public on the and complaint
process (see the Personnel Complaints Policy). This education may be achieved by information provided through the
Department website. This information shall include the telephone number, mailing address and e-mail address to make a
compliment or complaint regarding a ticket, citation or warning issued by an officer. The telephone number and
email address for making a compliment or complaint will also be clearly printed on each citation.
In the event that an investigation is initiated against an officer for a violation of this policy, the Patrol Division
Commander should ensure that a copy of any related recording is provided as soon as practicable to the officer upon
written request (Tex. Code of Crim. Pro. art. 2.132).
314.9 TRAINING
Training on fair and objective policing and review of this policy should be conducted as directed by the Training Officer.
Policy
La Porte Police Department
Policy Manual
401
Report Preparation
401.2.6 TRAFFIC AND PEDESTRIAN STOPS
Any officer who stops a motor vehicle for an alleged violation of a law or ordinance regulating traffic or who
stops a pedestrian for any suspected offense shall report the information on the approved Racial Profiling card
unless the Department maintains exemption pursuant to Tex. Code of Crim. Pro. art. 2.135 (Tex. Code of Crim.
Pro. art. 2.133(b)) which grants exception when audio and video recording is used on a traffic or pedestrian stop.
The Department shall compile and analyze information regarding each contact and shall submit a report no later
than March 1 of each year in accordance with Tex. Code of Crim. Pro. art. 2.134(b)).
The above reporting requirements are not intended to be all inclusive. A supervisor may direct an employee to
document any individual he/she deems necessary.
Authority:
Kenith R. Adcox
Chief of Police
Council Agenda Item
February 26, 2018
7 (b) Receive report of the Council Subcommittee on Evaluation Forms Councilmember Engelken
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