HomeMy WebLinkAbout09-10-18 Regular Meeting of the La Porte City Council
LOUIS RIGBY
BILL BENTLEY
Mayor
Councilmember District 3
JOHN ZEMANEK
KRISTIN MARTIN
Councilmember At Large A
Councilmember District 4
DOTTIE KAMINSKI
JAY MARTIN
Councilmember At Large B
Councilmember District 5
DANNY EARP
NANCY OJEDA
Councilmember District 1
Councilmember District 6
CHUCK ENGELKEN Mayor Pro-Tem
Councilmember District 2
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
AUGUST 27, 2018
The City Council of the City of La Porte met in a regular meeting on Monday, August 27, 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, Zemanek, J. Martin, Bentley, Kaminski, Engelken, and Earp. Also present
were City Secretary Patrice Fogarty, Assistant City Manager Jason Weeks and Assistant City Attorney
Clark Askins. Councilmember Kristin Martin was absent.
2. INVOCATION The invocation was given by Shane Klinkerman, La Porte First Assembly of God.
3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Chuck Engelken.
4. PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS
nd
(a) Recognition Employee of the 2Quarter 2018 Bianca Cuccerre (Recreation Center Specialist)
City of La Porte Parks and Recreation Department Mayor Rigby
nd
Mayor Rigby recognized Bianca Cuccerre as Employee of the 2 Quarter 2018.
5. PUBLIC COMMENTS (Limited to five minutes per person.)
Jay Gipson, 901 S. Iowa, addressed Council with concerns of high school students parking on both
Chuck Rosa, 812 S. Virginia, addressed Council and commented on property tax rates.
Bob Wagstaff, 9614 Rustic Gate, informed he will speak during the public hearing portion of the
meeting.
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 minutes of the meeting held on August 13-14, 2018
P. Fogarty
Page 1 of 5
August 27, 2018 Council Meeting Minutes
(b) Consider approval or other action regarding a Resolution authorizing the resale of tax
delinquent property located at Lot 24, Block 70, Town of La Porte S. Wolny
(c) Consider approval or other action awarding Bid #18020 for Northwest Park Pool Building- R.
Epting
(d) Consider approval or other action awarding Bid #18016 for Carpet and Vinyl Installation C.
Alexander
(e) Consider approval or other action regarding a Resolution authorizing the City Manager to
execute documents in relation to the 2018-2019 STEP Comprehensive Grant through the Texas
Department of Transportation R. Parker
(f) Consider approval or other action regarding a Resolution authorizing the City Manager to
execute documents in relation to the 2018-2019 STEP CMV (Commercial Motor Vehicle) Grant
through the Texas Department of Transportation R. Parker
(g) Consider approval or other action authorizing the City Manager to execute a Water Service
Agreement and Sanitary Sewer Service Agreement with Triten Real Estate Partners for its
facility at 4100 Malone Drive, in the Bayport Industrial District D. Pennell
(h) Consider approval or other action authorizing the City Manager to execute a Water Service
Agreement and Sanitary Sewer Service Agreement with Triten Real Estate Partners for its
facility at 9701 New Decade Drive, in the Bayport Industrial District D. Pennell
(i) Consider approval or other action authorizing the purchase of non-residential size water meters
from Core and Main D. Pennell
Regarding Items E and F, Councilmember Zemanek requested a statistical analysis be placed in the
Friday memo.
Councilmember Engelken made a motion to approve all Consent Agenda items pursuant to staff
recommendations. Councilmember Earp seconded the motion. MOTION PASSED UNANIMOUSLY
8/0. Councilmember K. Martin was absent.
7. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES
(a) Public hearing to receive comments regarding recommendation by the Planning and Zoning
Commission to approve zone change request #18-92000007, for a change from General Commercial
th
(GC) to Planned Unit Development (PUD) on a 4.22 acre tract of land located on the east side of S. 16
St., and north of the W. M St. right-of-way and legally described as Lots 1-32, Block 1144 and Lots 17-
32 & Tracts 1-16, Block 1143, La Porte Subdivision; consider approval or other action regarding an
th
classification of a 4.22 acre tract of land located on the east side of S. 16 St., and north of the W. M
St. right-of-way and legally described as Lots 1-32, Block 1144 and Lots 17-32 &Tracts 1-16, Block
1143, La Porte Subdivision, from General Commercial (GC) to Planned Unit Development (PUD) I.
Clowes
The public hearing opened at 6:14 p.m. City Planner Ian Clowes presented a summary.
There being no public comments, the public hearing closed at 6:15 p.m.
Page 2 of 5
August 27, 2018 Council Meeting Minutes
Councilmember Bentley made a motion to accept the recommendation by the Planning and Zoning
Commission
th
changing the zoning classification of a 4.22 acre tract of land located on the east side of S. 16 St., and
north of the W. M St. right-of-way and legally described as Lots 1-32, Block 1144 and Lots 17-32
&Tracts 1-16, Block 1143, La Porte Subdivision, from General Commercial (GC) to Planned Unite
Development (PUD). Mayor Rigby seconded the motion.
Prior to council action, Assistant City Attorney Clark Askins read the caption of the Ordinance AN ORDINANCE
CHANGING THE ZONING CLASSIFICATION OF A 4.22 ACRE TRACT OF LAND LOCATED ON THE EAST
TH
SIDE OF S. 16 ST. AND NORTH OF THE W. M STREET R.O.W. AND LEGALLY DESCRIBED AS LOTS 1-32,
BLOCK 1144 AND LOTS 17-32 &TRACTS 1-16, BLOCK 1143, LA PORTE SUBDIVISION, FROM GENERAL
COMMERCIAL (GC) TO PLANNED UNIT DEVELOPMENT (PUD); MAKING CERTAIN FINDINGS OF FACT
RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN METINGS LAW; AND PROVIDING
AN EFFECTIVE DATE HEREOF.
Mayor Rigby asked for the vote on the pending motion. MOTION FAILED 1/7.
Ayes: Mayor Rigby
Nays: Councilmembers Bentley, Engelken, Ojeda, Zemanek,
Kaminski, Earp and J. Martin
Absent: Councilmember K. Martin
(b) Public hearing to receive comments regarding the recommendation by the Planning and Zoning
Commission to approve Special Condition Use Permit #18-91000008 to allow for a Skilled Nursing
Facility, to locate on a 6.95-acre tract of land within a PUD zoning district, located on the west side of
Underwood Rd., north of Fairmont Pkwy., and south of Caniff Rd. and legally described as Tracts
718B, 719, and 719A, La Porte Outlots; consider approval or other action regarding an Ordinance
Conditional Use Permit #18-91000008, to allow for a Skilled Nursing Facility to be located on a 6.95-
acre tract of land within a PUD zoning district and legally described as Tracts 718B, 719, and 719A, La
Porte Outlots I. Clowes
The public hearing opened at 6:18 p.m. City Planner Ian Clowes presented a summary.
Councilmember Earp asked if there will be enough parking at the proposed facility. Mr. Clowes
responded yes, there will be plenty of parking.
Councilmember Martin asked if there were any plans for drainage. Mr. Clowes advised there is an
approved general plan approved by the Planning and Zoning Commission but there are no details of a
drainage plan that has to be approved by the City Engineer and Public Works. Councilmember Martin
and developments.
President of Summer Winds Homeowners Association Bob Wagstaff, 9614 Rustic Gate, spoke in favor
of the facility.
The public hearing closed at 6:21 p.m.
Page 3 of 5
August 27, 2018 Council Meeting Minutes
Councilmember Engelkenmade a motion to accept the recommendation by the Planning and Zoning
Commission. Councilmember Kaminski seconded. MOTION PASSED UNAINMOUSLY 8/0.
Councilmember K. Martin was absent.
Ayes: Mayor Rigby, Councilmembers Bentley, Engelken,
Ojeda, Zemanek, Kaminski, Earp, and J. Martin
Nays: None
Absent: Councilmember K. Martin
Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2018-3718 AN
ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE
COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING
SPECIAL CONDITIONAL USE PERMIT NO. 18-91000008, TO ALLOW FOR A NURSING CARE FACILITY
(SKILLED NURSING FACILITY) USE IN A PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT, ON A
6.95 ACRE TRACT OF LAND AND BEING LEGALLY DESCRIBED AS TRACTS 718B, 719, AND 719A, LA
PORTE OUTLOTS, LA PORTE, HARRIS COUNTY, TEXAS; MAKING CERTAIN FINDINGS OF FACT RELATED
TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
8. AUTHORIZATIONS
(a) Consider approval or other action regarding appointment of members to various City boards,
committees, and commissions P. Fogarty
City Secretary Patrice Fogarty presented a summary.
Council directed City Secretary Patrice Fogarty to bring back attendance of all boards; meetings that were
cancelled due to a lack of a quorum; and the attendance requirements of each board.
Councilmember Zemanek made a motion to postpone appointments to the next meeting after providing
information. Councilmember Bentley seconded. MOTION PASSED UNAINMOUSLY 8/0. Councilmember K.
Martin was absent.
9. REPORTS
(a) Receive report of the La Porte Development Corporation Board Meeting Councilmember
Nancy Ojeda
Councilmember Nancy Ojeda provided an update of the La Porte Development Corporation
Board Meeting held prior to the City Council Meeting.
10. ADMINISTRATIVE REPORTS
City Manager Corby Alexander advised Council the City is required to publish a notice for the public
e tax rate presented
during the budget meetings and the posting of that rate does not hold Council to the tax rate that was
presented at those budget meetings.
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
or existing policies Councilmembers Engelken, Earp, Ojeda, J. Martin, K. Martin, Kaminski, Zemanek,
Bentley and Mayor Rigby
nd
Councilmember Engelken congratulated Bianca Cuccerre as Employee of the 2 Quarter 2018 and the
Summer Winds Homeowners Association for getting a good neighbor; Councilmember congratulated
Page 4 of 5
August 27, 2018 Council Meeting Minutes
nd
Bianca Cuccerre as Employee of the 2Quarter 2018; recognized the Police Department for being
nd
active in the community; Councilmember Ojeda congratulated Bianca Cuccerre as Employee of the 2
Quarter 2018; commented she is exciting for the Skilled Nursing Facility and encouraged members in
the audience to participate in the City University program; Councilmember J. Martin commented he
voted in support of the Skilled Nursing Facility but is disappointed in the lack of background information
of the owner and requested an audit of hotel taxes paid in La Porte; Councilmember Kaminski
nd
congratulated Bianca Cuccerre as Employee of the 2 Quarter 2018 and wished Councilmember K.
Martin the best on the upcoming birth of her baby; Councilmember Zemanek congratulated Bianca
nd
Cuccerre as Employee of the 2 Quarter 2018; commented an individual of quality was lost due to the
passing of Senator John McCain; and congratulated the Little League team in Hawaii; Councilmember
nd
Bentley congratulated Bianca Cuccerre as Employee of the 2 Quarter 2018; commented he enjoyed
the La Porte Fire Department Banquet and continues to be impressed with the professionalism and
esprit de corps of City employees; and Mayor Rigby congratulated Bianca Cuccerre as Employee of the
nd
2 Quarter 2018; and presented a trophy from the Houston Yacht Club that was awarded to the City.
12. ADJOURN - There being no further business, Councilmember Engelken made a motion to adjourn the
meeting at 6:30 p.m. Councilmember Zemanek seconded the motion. MOTION PASSED
UNANIMOUSLY 8/0. Councilmember K. Martin was absent.
_______________________________
Patrice Fogarty, City Secretary
Passed and approved on September 10, 2018.
________________________________
Mayor Louis R. Rigby
Page 5 of 5
August 27, 2018 Council Meeting Minutes
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested: September 10, 2018
Source of Funds: N/A
Requested By: Corby D. Alexander
Account Number: N/A
Department: Administration
Amount Budgeted: N/A
Report: Resolution: Ordinance:
Amount Requested: N/A
Exhibits: Subordination Agreement
Budgeted Item: N/A
Exhibits: Chapter 380 Agreement
SUMMARY & RECOMMENDATION
On October 10, 2016, the City entered into a Chapter 380 Agreement with Roland Ybarra for the right-of-way
at West Main Street and Sens Road with the intent of building a new El Toro restaurant at this location. On
December 12, 2016, this agreement was amended to list the fair market value as 75% of the appraised value,
consistent with City policy at that time.
Recently, the City was notified that Ybarra Restaurants (a.k.a. El Toro) is ready to move forward with their
project and in order to secure a loan with the bank, the bank is requesting the City sign a Subordination
Agreement. The Subordination Agreement means that in the event El Toro defaults, the money owed to the
City would be paid once the bank is paid. The current 380 agreement has a subordination agreement clause.
The attached agreement would be consistent with that clause.
Action Required by Council:
Consider approval or other action authorizing the City Manager to execute the proposed subordination
agreement.
Approved for City Council Agenda
Corby Alexander, City Manager Date
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested: September 10, 2018
Source of Funds:
Requested By: Cherell Daeumer
Account Number:
Department: Finance/Purchasing
Amount Budgeted:
Report: X Resolution: Ordinance:
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits:
Exhibits
SUMMARY & RECOMMENDATION
Background:
Bid #18021 for Automotive Parts was opened and read on July 24, 2018; bids were received by XL Auto Parts
and Allen and Kerber Auto Supply. One bidder did not s required Pricing Sheet so
they were deemed non-responsive. The other bidder did not complete all sections of the pricing sheet. Also,
staff discovered after the bid opening the term of the contract was not included in the bid documents.
ndation is to reject all bids and re-bid at a later date.
Action Required by Council:
Consider approval or other action to reject all bids for Bid# 18021 for Automotive Parts.
Approved for City Council Agenda
Corby D. Alexander, City Manager Date
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested: September 10, 2018
Source of Funds: 003
Requested By: Don Pennell
Account Number: 003-7085-533-5110
Department: Public Works________________________
Amount Budgeted: $200,680
Report: x Resolution: Ordinance:
Amount Requested: $156,447
Exhibit: Bid Tabulation
Budgeted Item: Yes
Exhibit: Vendor Access Report
Exhibit: Letter of Recommendation
Exhibit: References for G&A Directional
Exhibit: Project Location Map
SUMMARY & RECOMMENDATION
Advertised, sealed Bid # 18023 Bayshore Park Waterline Relocation Re-bid was opened and read on July 17, 2018.
Bid requests were advertised in the Bay Area Observer, posted on the City of La Porte website site and Public
Purchase with four (4) contractors returning bids. G&A Directional Boring Inc. submitted the lowest bid in the
amount of $130,372. The potential for unforeseen challenges exists with re-routing the customer service lines to the
new meter locations in front of the properties; therefore, staff recommends a project contingency of 20%.
Project Benefits, Liabilities, and Operating Cost:
Benefits:
Elimination of the aging water main will reduce leaks, resulting in increased reliability of the water
system. The proposed project also provides increased water main size, attributing to increased fire flow
in the immediate area. Relocation to the front of the properties will aid in access for future meter and
water main maintenance.
Liabilities of Maintaining the Status Quo:
The occurrence of water main leaks will likely increase if work is deferred for an extended period of
time.
Operating Costs:
Operating costs will not be affected.
Action Required of City Council:
Consider approval or other action authorizing the City Manager to execute a contract with G&A Directional
Boring Inc. for Bayshore Park Waterline Relocation in the amount of $130,372, plus a project contingency of
$26,075, for a total authorization of $156,447.
Approved for City Council Agenda
Corby D. Alexander, City Manager Date
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested: September 10, 2018
Source of Funds: 2018-19 Budget
Requested By: Alex Osmond
Account Number: 001.6048.551.2090
Department: Administration
Amount Budgeted: $60,000
Report: Resolution: Ordinance:
Amount Requested: $55,688.78
Exhibits: Bid Tabulation
Budgeted Item: YES
Exhibits:
SUMMARY & RECOMMENDATION
Recently, the Bay Forest Golf Course staff field tested three (3) types of 2019 golf carts. The
manufacturers tested were: Yamaha, EZGO, and Club Car. These known brands were selected for
the test because they are currently available through Council approved cooperatives/buy-boards.
The low bidders were Yamaha and EZGO, with equal bid amounts of $214,600.00 for one-time
payment. Yamaha was the lowest bidder for a four (4) year payment plan amount of $55,688.70 and
total charges of $222,754.80, which included finance charges.
The field testing of the golf carts resulted in the 2019 Yamaha model (48V with chargers and
accessories) being the preferred cart.
In addition to the field test conducted by Staff, other factors contributing to the Yamaha car being
favored include:
Overall performance experience with the brand in service for the last 12 years. In fact, the 2019
model shows improvement over the 2015 model (currently in operation)
Yamaha Services/Maintenance Program exceeds the others, including not just regionalized
mobile service capability as offered by others, but a local mobile and shop services capability
from a known provider.
2019 Yamaha car includes on-board towing system that has been recommended for use by
other courses in the area that have them in operation
Four-year purchase payment plan is the most favorable and is within budget
Best offer of trade-in allowance
Yamaha will finance the purchase to allow four annual payments at 4.52% interest
All extra parts and accessories requested are included in the pricing
Satisfactory warranty terms
The 2019 Yamaha car is available on BuyBoard Contract 529-17.
Staff recommends replacing the seventy four (74) 2015 carts currently in operation with the purchase
of the 2019 Yamaha model golf carts utilizing BuyBoard Contract 529-17. Payment for these new carts
could occur by the annual payment amount over four (4)fiscal yearsbeginning October 1, 2018 of
$55,688.70 or a one-time payment of $214,600.00, which would save the City in finance charges. If
Council decided to move forward with one-time payment option in order to save money on the financing
charges, annual lease fees could be set-up in FY2018-19 or the following year to begin saving for the
future replacement of the 2019 carts. This option would require an increase in the current proposed
budget to the golf course of $214,600 if the Council wished to begin the saving for future replacement
in FY19 or an increase of $154,600 in FY19 with annual lease fee payments to be discussed in next
Action Required by Council:
Consider approval or other action replacing the seventy four (74) 2015 cars currently in operation with
the purchase of the 2019 Yamaha model golf cars utilizing BuyBoard Contract 529-17.
Approved for City Council Agenda
Corby Alexander, City Manager Date
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REQUEST FOR CITY COUNCIL AGENDA ITEM
September 10, 2018 Appropriation
Agenda Date Requested
Corby Alexander Source of Funds: N/A
Requested By:
Administration Account Number: N/A
Department:
Amount Budgeted: N/A
Report Resolution: Ordinance:
Amount Requested: N/A
Exhibit: 2018 Interlocal Agreement Redline & Final
Budgeted Item: YES NO
Exhibit: 2015 Interlocal Agreement
SUMMARY & RECOMMENDATION
Porte municipal court services;
agreement with them for these services. The proposed Interlocal Agreement Municipal Court is for a term of
five (5) fiscal years, commencing on October 1, 2018. The proposed fee for the first fiscal year is $43,500 for
the first 600 citations processed through La Porte Municipal Court and $72 per citation processed above 600. The
agreement includes an annual escalation fee increase of three percent (3%) after the first fiscal year.
Under the proposed agreement, the City of La Porte would provide municipal court clerical services and provide
hold court. The clerical services would
include assisting defendants, issuing and clearing warrants, receiving and depositing payments, maintaining court
records, submitting monthly and quarterly reports to the state, creating court dockets, and issuing jury summons.
The City of would provide whatever Ordinances may be necessary to give City of La Porte the
and appoint/provide for judicial, prosecutorial and bailiff personnel.
A copy of the proposed Interlocal Agreement Court is attached.
Point will be available to answer any questions concerning the agreement.
Action Required by Council:
Consider approval or other action authorizing the Mayor to execute an Interlocal Agreement with the City of
Approved for City Council Agenda
Corby D. Alexander, City Manager Date
THE STATE OF TEXAS§
§INTERLOCAL AGREEMENT—COURT
COUNTY OF HARRIS§
Whereas, the City of La Porte, Texas, and the City of Morgan’s Point, Texas are adjacent
to one another, and City of Morgan’s Pointfinds that efficiency of city services will be better
served by the use of City of La Porte’s facilities for municipal court services; and
Whereas,the parties enter into this Agreement for the purpose of providing municipal
court services for the benefit of their communities;
Now, therefore,the City Councils of the City of La Porteand the City of Morgan’s Point
mutually agree as follows:
I.
City of La PorteandCity of Morgan’s Pointenter into this Agreement by and through their
duly elected officials, and it is the intention of both parties to conform this Agreement in all
respects with Chapter 791of theTexas Government Code, more commonly known as “The
Interlocal Cooperation Act.”
II.
City of La Porteshall:
(a)Provide municipal court clerical services. This includescollecting and receipting
fines and court costs, filing Office of Court Administration Reports, filing State Comptroller’s
Office reports, remitting payments to the State Comptroller, preparing reports of moving traffic
convictions to the Department of Public Safety and all other reasonable and necessaryfunctions
of a municipal court. City of La Porteshall collect fines and costs in connection with citations
issuedby the City of Morgan’s Point, process citations in the dedicated court software; answer
questions from defendants, enter and clear warrants and cases in SETCIC, Incode and OMNI; and
perform other municipal court duties as required in the normal course of business.
(b)Pay all wages,salaries, and other compensation of thecourt clerksincluding payroll
taxes, retirement, social security taxes, if any,and any other payroll expenses for the services
provided by City of La Porte;
(c)Provide facilities for the municipal court judge and prosecutor for City of Morgan’s
Pointto prepare for and hold court, and conduct such activities as are necessary to the fulfillment
of court obligations. City of La Portewill provide a municipal court clerk to act for the municipal
court of City of Morgan’s Pointwhen court is in session.
(d)Timely deposit all fines and costs collected for the City of Morgan’s Point to the
financial institution of their designation.
III.
City of Morgan’s Pointshall:
(a)Pay to City of La Portefor the municipal court services described above the sum of
$438,5000.00for each the first fiscal year this Agreement is in placefor the first 600 citations
processed through City of La Porte’s Municipal Court under this Agreement, and will pay
$7280.00 per citation above600.The City shall increase the sum paidto the City of La Porte by
three percent (3%) each fiscal year this Agreement is in place after the initial fiscal year. This
payment shall be prorated and paid monthly. This Agreement shall becomeeffective onSeptember
October 1, 2018.,and City of Morgan’s Pointshall pay City of La Porte$4,000.00 for that month.
(b)Provide whatever Ordinances may be necessary to give City of La Portethe full
authority, power, rights, and privileges to act for City of Morgan’s Pointinaccordance with this
agreement; and
(c)Appoint and provide judicial, prosecutorial and bailiff personnel, including the
Municipal Court Judge, Associate or Alternate Court Judge, Prosecuting Attorney, Assistant
Prosecuting Attorneys andClerk of the Court.City of Morgan’s Pointshall be solely responsible
for the payment of any fees due to these appointees,except as provided in Section II (b) of this
Agreement.
(d)Store aAll case records with final dispositions shall be stored at City of Morgan’s
Point.
(e)Will eEnsure that its court software is consistent with that used by LaPorte. Any
costs required for licenses, set up, repair, updates, interfaces, or maintenance to the court
management software shall be borne solely by Cityof Morgan’s Point.City of La Porteshall
provide the server and work station to house City of Morgan’s Pointcourt software at City of La
PorteCity Hall. City of Morgan’s Pointagrees to pay the costs of printing citation books and court
files.
(f)Will adopt a window fine schedule and standing orders that are identical to those
of City of La Porte.
IV.
This Agreement shall be for a term of fivethreefiscal yearsplus one month, commencing on
September October 1, 2018, and extending through September30, 20231; provided, however, that
this Agreement shall automatically extend for successive one year terms unlessnotice of
termination is given by June 30prior to the end of any term. Provided further, that either party
mayterminate this Agreement by giving notice to the other party at least 90days prior to the date
of termination. All written notice shall be sent to the address of the parties shown herein.
V.
2
In order to have a more effective relationship between the parties, and to provide the best
possible municipal courtoperations, it is mutually agreed that all questions arising under this
Agreement shall be handled and resolved between the City Administrator of City of Morgan’s
Pointand the City Manager of City of La Porte, or their designee, and they may also bring any
questions to the governing bodies of the respective cities.
VI.
(a)At all times this agreement is in force, the municipal court clerkof City of La Porte
shall be under the supervision of the appropriate staff at City of LaPorte,and is fully an employee
of the City of La Porte.City of Morgan’s Pointshall have no supervisory role or obligation for
employment conditions.
(b)Each party shall pay for services provided under this Agreement out of current
annual funds.
(c)Each party agrees that this Agreement fairly compensates each party for the
services and functions performed under this Agreement.
(d)To the extent permitted by law, no public official or employee of either City of
Morgan’s Pointor City of La Porteshall be personally liable for any action arising from the
performance of duties under this Agreement.
(e)The City of Morgan’s Point municipal court staff and police force have been
responsible for issuance of tickets and all legal requirements related to the processing of citations
through their own municipal court, and will continue to have its own police force issue tickets
within its boundaries. City of Morgan’s Point agrees to hold the City of La Porte harmless as to
any errors in the issuance of citations, paperwork or other court management activities that City of
La Porte has no involvement in or control over.
VII.
Independent Contractor.Both parties mutually agree that City of La Porteis an independent
contractor, and shall have exclusive control of performance hereunder, and is in no way to be
considered an employee of the City of Morgan’s Point.Nothing herein shall be deemed or
construed by the parties hereto, or by any third party, as creating the relationship of principal and
agent, partners, joint-venturers, or any similar relationship.
VIII.
Risks.Each party agrees to carry such policies of insurance as each deems appropriate to
cover any risks arising out of this Agreement; provided further thatCity of La Porteagrees to
carry, as a minimum, insurance with liability limits of One Million Dollars “aggregate.” Policies
are available for inspection by City of Morgan’s Pointupon request.
3
IX.
No third party beneficiaries. This Agreement inures to the benefit of and obligates only
the parties executing it. No term or provision of this Agreement shall benefit or obligate any
person or entity not a party to it.
X.
No waiver of immunity. Nothing in this Agreement shall be construed to waive any
immunities from suit or liability enjoyed by the parties, their past or present officers, employees,
or agents.
XI.
Venue. Venue for any dispute arising under this Agreement shall lie exclusively in the
state and federal courts of Harris County, Texas.
XII.
Amendments.Thisagreement may be modified, changed, or altered at any time, upon
mutual agreement of parties, provided that any such modification, change, or alteration be reduced
to writing.
XIII.
Severability. If any clause, paragraph, section or portion of thisAgreement shall be found
to be illegal, unlawful, unconstitutional or void for any reason, the balance of the Agreement shall
remain in full force and effect, and the parities shall be deemed to have contracted as if said clause,
section, paragraph or portion had not been in the Agreement initially.
IN WITNESS WHEREOF, we have hereunto set our hands effective the ______ day of
_______________, 20185, in duplicate originalsin Harris County, Texas.
CITY OF LA PORTECITY OF MORGAN’S POINT
By:________________________By:________________________
Louis R. Rigby, MayorMichel Bechtel, Mayor
ATTEST:ATTEST:
_____________________________________________________________
Patrice Fogarty, City SecretaryMegan Mayes, City Secretary
Cityof La PorteCity of Morgan’s Point
4
THE STATE OF TEXAS §
§ INTERLOCAL AGREEMENTCOURT
COUNTY OF HARRIS §
Whereas, the City of La Porte, Texas, and the City of , Texas are adjacent to one another,
and finds that efficiency of city services will be better served by the use of City of La
Porte; and
Whereas, the parties enter into this Agreement for the purpose of providing municipal court services for
the benefit of their communities;
Now, therefore, the City Councils of the City of La Porte and mutually agree
as follows:
I.
City of La Porte and enter into this Agreement by and through their duly elected
officials, and it is the intention of both parties to conform this Agreement in all respects with Chapter 791 of the
II.
City of La Porte shall:
(a) Provide municipal court clerical services. This includes collecting and receipting fines and court
to the State Comptroller, preparing reports of moving traffic convictions to the Department of Public Safety and
all other reasonable and necessary functions of a municipal court. City of La Porte shall collect fines and costs in
connection with citations issued by the , process citations in the dedicated court software;
answer questions from defendants, enter and clear warrants and cases in SETCIC, Incode and OMNI; and perform
other municipal court duties as required in the normal course of business.
(b) Pay all wages, salaries, and other compensation of the court clerks including payroll taxes,
retirement, social security taxes, if any, and any other payroll expenses for the services provided by City of La
Porte;
(c) Provide facilities for the municipal court judge and prosecutor for to
prepare for and hold court, and conduct such activities as are necessary to the fulfillment of court obligations.
City of La Porte will provide a municipal court clerk to act for the municipal court of City of Mo
when court is in session.
(d)
institution of their designation.
III.
shall:
(a) Pay to City of La Porte for the municipal court services described above the sum of $43,500.00 for
the first fiscal year this Agreement is in place for the first 600 citations processed through City of La Porte
Municipal Court under this Agreement, and will pay $72.00 per citation above 600. The City shall increase the
sum paid to the City of La Porte by three percent (3%) each fiscal year this Agreement is in place after the initial
fiscal year. This payment shall be prorated and paid monthly. This Agreement shall become effective on October
1, 2018.
(b) Provide whatever Ordinances may be necessary to give City of La Porte the full authority, power,
rights, and privileges to act for in accordance with this agreement; and
(c) Appoint and provide judicial, prosecutorial and bailiff personnel, including the Municipal Court
Judge, Associate or Alternate Court Judge, Prosecuting Attorney, Assistant Prosecuting Attorneys and Clerk of
the Court. shall be solely responsible for the payment of any fees due to these appointees,
except as provided in Section II (b) of this Agreement.
(d) Store all case records with final dispositions at .
(e) Ensure that its court software is consistent with that used by LaPorte. Any costs required for
licenses, set up, repair, updates, interfaces, or maintenance to the court management software shall be borne solely
by . City of La Porte shall provide the server and work station to house
Point court software at City of La Porte City Hall. agrees to pay the costs of printing
citation books and court files.
(f) Will adopt a window fine schedule and standing orders that are identical to those of City of La
Porte.
IV.
This Agreement shall be for a term of five fiscal years, commencing on October 1, 2018, and extending
through September 30, 2023; provided, however, that this Agreement shall automatically extend for successive
one year terms unless notice of termination is given by June 30 prior to the end of any term. Provided further,
that either party may terminate this Agreement by giving notice to the other party at least 90 days prior to the date
of termination. All written notice shall be sent to the address of the parties shown herein.
V.
In order to have a more effective relationship between the parties, and to provide the best possible
municipal court operations, it is mutually agreed that all questions arising under this Agreement shall be handled
and resolved between the City Administrator of and the City Manager of City of La
Porte, or their designee, and they may also bring any questions to the governing bodies of the respective cities.
VI.
2
(a) At all times this agreement is in force, the municipal court clerk of City of La Porte shall be under
the supervision of the appropriate staff at City of La Porte, and is fully an employee of the City of La Porte. City
shall have no supervisory role or obligation for employment conditions.
(b) Each party shall pay for services provided under this Agreement out of current annual funds.
(c) Each party agrees that this Agreement fairly compensates each party for the services and functions
performed under this Agreement.
(d) To the extent permitted by law, no public official or employee of either or
City of La Porte shall be personally liable for any action arising from the performance of duties under this
Agreement.
(e) icipal court staff and police force have been responsible for
issuance of tickets and all legal requirements related to the processing of citations through their own municipal
court, and will continue to have its own police force issue tickets within its b
agrees to hold the City of La Porte harmless as to any errors in the issuance of citations, paperwork or other court
management activities that City of La Porte has no involvement in or control over.
VII.
Independent Contractor. Both parties mutually agree that City of La Porte is an independent contractor,
and shall have exclusive control of performance hereunder, and is in no way to be considered an employee of the
. Nothing herein shall be deemed or construed by the parties hereto, or by any third party,
as creating the relationship of principal and agent, partners, joint-venturers, or any similar relationship.
VIII.
Risks. Each party agrees to carry such policies of insurance as each deems appropriate to cover any risks
arising out of this Agreement; provided further that City of La Porte agrees to carry, as a minimum, insurance
available for inspection by City of Morgan
Point upon request.
IX.
No third party beneficiaries. This Agreement inures to the benefit of and obligates only the parties
executing it. No term or provision of this Agreement shall benefit or obligate any person or entity not a party to
it.
X.
No waiver of immunity. Nothing in this Agreement shall be construed to waive any immunities from suit
or liability enjoyed by the parties, their past or present officers, employees, or agents.
XI.
3
Venue. Venue for any dispute arising under this Agreement shall lie exclusively in the state and federal
courts of Harris County, Texas.
XII.
Amendments. This agreement may be modified, changed, or altered at any time, upon mutual agreement
of parties, provided that any such modification, change, or alteration be reduced to writing.
XIII.
Severability. If any clause, paragraph, section or portion of this Agreement shall be found to be illegal,
unlawful, unconstitutional or void for any reason, the balance of the Agreement shall remain in full force and
effect, and the parities shall be deemed to have contracted as if said clause, section, paragraph or portion had not
been in the Agreement initially.
IN WITNESS WHEREOF, we have hereunto set our hands effective the ______ day of _______________,
2018, in duplicate originals in Harris County, Texas.
CITY OF LA PORTE CITY OF
By: ________________________ By: ________________________
Louis R. Rigby, Mayor Michel Bechtel, Mayor
ATTEST: ATTEST:
_______________________________ ______________________________
Patrice Fogarty, City Secretary Megan Mayes, City Secretary
City of La Porte City of
4
THE STATE OF TEXAS )
COUNTY OF HARRIS )
CITY OF LA PORTE )
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council of the City of La Porte will hold a Public
th
Hearing on the 10 day of September 2018, in the Council Chambers of the City Hall, 604 West
Fairmont Parkway, La Porte, Texas, beginning at 6:00 P.M. The purpose of this hearing is to
provide citizens the opportunity to comment on the overall budget.
This budget will raise less revenue from property taxes than last
year's budget by $-1,509,587.00, which is a -6.80 percent decrease from
last year's budget. The property tax revenue to be raised from new
property added to the tax roll this year is $274,982.00.
The City of La Porte must, by Charter requirement, adopt its fiscal budget by September
30, 2018. Copies of the adopted budget will be available for public inspection and copying at
the office of the City Secretary, City Hall, 604 West Fairmont Parkway, La Porte, Texas, during
normal business hours. Copies will also be ma
CITY OF LA PORTE
Patrice Fogarty, TRMC, MMC
City Secretary
civil service employees ($486,248)
-
insurance
from the General Fund for CIP
million
(Including $1.2 million from Street Maintenance Sales Tax Funding)
change to health
No increase in property tax rateNo utility fund rate increaseMerit increases for nonMeet & confer increases for civil service employees ($267,264)No Capital projects of approximately
$17.6 millionVehicle replacement of $664,590$1.2 $2 million transfer from General Fund for health insurance
Budget Summary for Fiscal Year 2019
All Funds
-
Expenditures
Consolidated Summary of All Funds
(In millions)
All Funds
-
Revenues
Employee Positions Citywide
General Fund
Days of Working Capital
Days of Working Capital
General Fund Revenue Sources
General Fund Revenues
General Fund Revenues
In Lieu of Taxes & Ad Valorem Taxes
Tax Rate Breakdown by Department
Historical Trends
Industrial Payments
$0.40
$0.40
$0.33
$0.36
$0.24
$2.25
$2.25
$2.25
$2.22
$2.25
$2.92
$2.55
$2.43
$2.25
$2.30
$5.00
$5.00
$4.50
$4.98
$4.49
General Fund Revenues
Sales Tax, Franchise Taxes, Residential Solid Waste and Interest
General Fund
Emergency ServicesPoliceGolf CourseAdministrationFinancePublic WorksParks & RecreationPlanning & Engineering
5,677,5141,717,3096,403,7754,419,3551,601,407
5,183,9451,677,782
13,770,76440,451,851
Proposed
.
-
Cuts
13,55924,208
(7,313)
$866,856
lower than FY2018.
(32,500)(96,671)(50,043)
(124,898)(273,658)
CMO
$568,000
5,191,2581,710,2825,774,1851,717,3096,453,8184,405,7961,577,199
40,725,509
13,895,662
Requested
Departmental)
-
General Fund Total
General Fund Expenditures
(Excluding Non
Fund
PoliceGolf CourseAdministrationFinancePublic WorksParks & RecreationPlanning & Development
Emergency Services
*The FY2019 expenditures are projected to be *Additionally, the FY2019 budget estimates a surplus of
General
General Fund Expenditures
Expenditures by Activity
*
*Budget to Budget
General Fund Expenditures
Departmental
-
Utility Fund
Water ProductionWater DistributionWastewater CollectionWastewater TreatmentUtility BillingNon
Utility Fund
Days of Working Capital
Days of Working Capital
Revenues vs. Expenses
Utility Fund Comparison
Authority
Fund
Other Enterprise Funds
Airport La Porte Area Water
Revenues vs. Expenses
Airport Fund Comparison
Revenues vs. Expenses
La Porte Area Water Authority Comparison
Fund
MaintenanceReplacementEmployee Health ServicesRisk DivisionReplacement
Motor Pool FundInsurance FundTechnology
Internal Service Funds
Revenues vs. Expenses
Motor Pool Fund Comparison
Revenues vs. Expenses
Insurance Fund Comparison
Revenues vs. Expenses
Technology Fund Comparison
Fund
Fund
Occupancy Tax
Development
Special Revenue Funds
Grant FundStreet Maintenance Sales Tax Emergency Services District FundHotel/Motel Economic TIRZ Fund
Grant Fund Comparison
Revenues vs. Expenditures
Revenues vs. Expenditures
Street Maintenance Sales Tax Fund Comparison
Comparison
Revenues vs. Expenditures
Emergency Services District Fund
Revenues vs. Expenditures
Hotel/Motel Occupancy Tax Fund Comparison
Comparison
Fund
Development
Revenues vs. Expenditures
Economic
Capital Improvement Projects Summary
*Includes CIP contingencies.
(In millions)
65,794
$ 350,000$ 922,000$ 750,000
$3,569,000$1,295,000$1,482,414$1,238,000$9,500,000
$
$19,328,697
Total Proposed Expenditure
Total
050)
Fund General Fund CIP (Fund 015) Utility Fund CIP (Fund 003)Airport Fund (010)LP Area Water Authority Fund (016)Sanitary Sewer Rehabilitation Fund (Fund 018)Drainage Fund (Fund 019)Street
Maintenance Fund (Fund 033)Drainage Bond Fund (FundTWDB Loan Fund (Fund 052)
Fund Summaries
65,00030,00060,00070,300
355,000430,000250,000650,000
Project
Budget
$ 480,700
Project Name
(Prefunding)
Texas Ave/E G St to Fairmont (EDC Funded)
–
Facility Assessment
at Wood Falls Park
at Fairmont Park
Improvements
Main Street Sidewalk (Prefunding)
General Fund CIP
Decorative Broadway Lighting (EDC Funded)StreetPublic WorksSurvey Equipment ReplacementParking LotPlaygroundEastWave Pool RenovationsPrivate Fiber
28,00030,000
100,000
1,000,000
$3,569,000
$ 20,000
Project Budget
Total
(cont’d)
Program
Center Remodel/Expansion (Prefunding)
Homes
General Fund CIP
Project Name HabitatClubhouse RepairsRecreation & FitnessCommunity CooperationContingency
25,00050,00045,00025,00045,00015,00050,000
250,000140,000300,000
$ 350,000
$1,295,000
Project Budget
Total
Program
Water Plant
house)
-
Collegeview
–
Pump Station Construction Phase I
Replacement Program (in
Station Improvements
Utility Fund CIP
house Water Line Replacement
-
Project Name Replace Ground Tank HillridgeAerial CrossingsExterior Cleaning of Lomax Water TowerPumps & Equipment ReplacementInValveLiftCommercial Water Meter ReplacementResidential
Water Meter ReplacementContingency
$ 180,000
$ 180,000
Project Budget
Total
CIP
Replacement
Project Name Valve
LPAWA
$ 350,000
$ 350,000
Project Budget
Total
Fund CIP
Sewer Rehabilitation
Project Name Sanitary
Sewer Rehabilitation
60,00027,00065,00050,00075,000
275,000100,000150,000100,000
$922,000
$ 20,000
Project Budget
Total
Fund CIP
III
Improvements Design
Sewer System
house)
-
Drainage Improvements Design
Phase
–
f Storm
o
Flooding Mitigation
Materials (in
City Elevation Benchmarks
Cedar Bayou
Lomax Drainage Improvements Design
Drainage
Project Name TV InspectionDrainageVerifyBrookglenBayside Terrace DrainageF101Battleground EstatesBob’s Gully Drainage AnalysisLittleContingency
40,00050,00050,000
698,000200,000
$ 200,000
$1,238,000
Project Budget
Total
house)
-
Repair (Slab Jacking)
Street Surfacing
Project Name Handicap Ramp and Sidewalk ReplacementAsphaltConcrete Repair (Small Sections)ConcreteStreet Repair Material (inStreets/Drainage Contingency
Street Maintenance Fund CIP
$ 750,000
$ 750,000
Project Budget
Total
2010 CO
–
Phase III
–
Project Name Little Cedar Bayou
Bond Fund CIP
$ 9,500,000
$ 9,500,000
Project Budget
Total
Project Name Lomax Lift Station Consolidation
TWDB Loan Fund
Debt Service Summary
(In millions)
Questions?
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested September 10, 2018
Source of Funds: N/A
Requested By: Patrice Fogarty
Account Number: N/A
Department: City Secretary
Amount Budgeted: N/A
Report X Resolution: Ordinance:
Amount Requested: N/A
Exhibit:
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
The La Porte City Council is authorized to make appointments to boards, commissions and committees. Staff has
determined the following individuals have agreed to volunteer for another term should Council wish to appoint them.
Regarding the Airport Advisory Board Consider new appointments or reappointing Hector Villarreal to Position 4, and
Van Wigginton to Position 5, to three-year terms expiring August 31, 2021.
Regarding the Building Codes Appeals Board Consider new appointments or reappointing Paul Larson to Position 3,
and Mike Mosteit to Position 4, to three-year terms expiring August 31, 2021, or until successors have been appointed and
qualified.
Regarding the Civil Service Commission Consider ratifying the appointment of Keith Trainer to a three-
year term expiring August 31, 2021.
Regarding the Chapter 172 Employee Retiree Insurance and Benefits Committee Consider new appointment or
reappointing Aaron Corrales to Retiree Representative to a two-year term expiring August 31, 2020, or until a successor
has been appointed and qualified.
Regarding the Economic Alliance Houston Port Region Consider appointing Mayor Rigby as
designee to the Board of Directors of the Economic Alliance Houston Port Region. Each of the 11 member cities of the
Economic Alliance H ouston Port Region is represented on the Board by their Mayor. Mayor Rigby has been serving as the
and wants to continue.
Regarding the Fire Code Review Committee Consider ratifying Jeff Brown as appointee of Council District 2, Andy
Wilborn as appointee of Council District 3, Mark Follis as appointee of Council District 4, Jim Bridge as appointee of
Council District 5, Bryan Moore as appointee of At Large A, and Lynn Green as appointee of the Mayor, to three-year
terms expiring August 31, 2021, or until a successor has been appointed and qualified.
Regarding the La Porte Fire Control Prevention & Emergency Medical Services District Board Consider new
appointments or reappointing Danny Campise, Thomas Dye III, and Johnny Jones, to two-year terms expiring August 31,
2020, or until successors have been appointed and qualified.
Regarding the La Porte Area Water Authority Consider new appointments or reappointing Stephanie Bellew to
Member 4 position, and Ken Schlather to Member 5 position, to two-year terms expiring August 31, 2020, or until
successors have been appointed and qualified.
Regarding the La Porte Development Corporation Board (EDC) Consider new appointments or reappointing Danny
Earp, Venessa Guerrero, and Shelley Fuller to two-year terms expiring August 31, 2020, or until successors have been
appointed and qualified.
Regarding the La Porte Tax Reinvestment Zone Number One (TIRZ 1) Consider new appointments or reappointing
Barry Beasley to Position 2, Horace Leopard to Position 4, J.J. Meza to Position 6, and Chester Pool to Position 7, to
two-year terms expiring August 31, 2020, or until successors have been appointed and qualified.
FYI: TIRZ bylaws state if you are a Board member on the TIRZ, you are also a Board member on the
Redevelopment Authority.
Regarding the La Porte Redevelopment Authority Consider reappointment of Barry Beasley
to Position 2, Horace Leopard to Position 4, J.J. Meza to Position 6, Chester Pool to Position 7, and appointment of David
, to two-year terms expiring August 31, 2020, or until successors have been appointed and
qualified. position is vacant at this time.)
FYI: While the ISD and County must appoint their representative to a position on the TIRZ Board, the Mayor must appoint
all members Porte Redevelopment Authority, with the consent and
approval of City Council.
On the TIRZ Board, the City has the first 6 appointments, and other taxing authorities get the other three. On the
Redevelopment Authority, the City appoints all members.
Regarding the Planning and Zoning Commission Consider new appointments or reappointing Hal Lawler as the
, who shall also serve as chairman, Richard Warren as the Council District 2 appointee, and Jo Ann
Pitzer as the Council District 3 appointee, to three-year terms expiring August 30, 2021, or until successors have been
appointed and qualified.
Regarding the Southeast Texas Housing Finance Corporation Board of Directors Consider new appointment or
reappointing Betty Moore as a director to a one-year term expiring on August 31, 2019, or until a successor has been
appointed and qualified.
Regarding the Zoning Board of Adjustment Consider new appointments or reappointing Chester Pool to Position 1,
Thomas Deen to Position 2, Rod Rothermel to Position 3, and Dennis Oian to Position 4, to two-year terms expiring
August 31, 2020, or until successors have been appointed and qualified.
Additionally, the Alternate 1 position on the Zoning Board of Adjustment is vacant, leaving an unexpired term ending
August 31, 2019. Consider an appointment to fill the vacancy through August 31, 2019, or until a successor has been
appointed and qualified.
Action Required by Council:
Consider making appointments to various boards, committees and commissions.
Approved for City Council Agenda
Corby D. Alexander, City Manager Date
Council Agenda Item
September 10, 2018
9 (a)Receive report of the Drainage and Flooding Committee Meeting Councilmember Jay Martin