HomeMy WebLinkAbout03-25-19 Regular Meeting of the La Porte City Council
Office of the Mayor
WHEREAS, the La Porte Special Olympics provides year round athletic training for participants; and
WHEREAS, the La Porte Special Olympics Participants, Special Programs Staff and Volunteers wish to raise funds
to help support our ; and
WHEREAS, the shrimp boil will be held Saturday, April 6th, serving meals from 11:00 a.m. until 1:00 p.m. at the Norman L.
Malone Senior Center located at 1322 South Broadway. Tickets are $12.00 each, or also available in books of 10 tickets to
share with family and friends, for $120.00 each. We invite everyone to continue to support the La Porte Special Olympics
program by purchasing tickets for the Shrimp Boil to help make it possible for our athletes to compete in this fun and
worthwhile event.
I, Louis R. Rigby, Mayor, do hereby proclaim April 6, 2019, as
NOW, THEREFORE,
In Witness Whereof: I have hereto set my hand and caused the Seal of the City to be affixed hereto, this the 25th day of
March, 2019.
City of La Porte
______________________________
Louis R. Rigby, Mayor
LOUIS RIGBY
BILL BENTLEY
Mayor
Councilmember District 3
JOHN ZEMANEK
KRISTIN MARTIN
Councilmember At Large A
Councilmember District 4
STEVE GILLETT
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
MARCH 11, 2019
The City Council of the City of La Porte met in a regular meeting on Monday, March 11, 2019, at the City Hall
Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m., with the following in attendance:
Councilmembers present: Louis Rigby, Steve Gillett, Danny Earp, Chuck Engelken, Bill Bentley, Kristin Martin, Jay
Martin, John Zemanek, Nancy Ojeda
Councilmembers absent: None
Council-appointed officers present: Corby Alexander, City Manager; Lee Woodward, City Secretary; Clark Askins,
Assistant City Attorney
1. CALL TO ORDER Mayor Rigby called the meeting to order at 6:00 p.m.
2.INVOCATION The invocation was given by Councilmember Nancy Ojeda.
PLEDGES The pledges of allegiance to the U.S. and Texas flags were led by Councilmember Steve Gillett
3.PUBLIC COMMENTS (Limited to five minutes per person.) Mike Patterson, Michael Urich, Patricia Harkins,
Paula Wohnoutka, Linda Poye, Thomas Garza, and Jacqueline Fowler offered public comment.
4.CONSENT AGENDA (Approval of Consent Agenda items authorizes each to be implemented in accordance with
staff recommendations provided. An item may be removed from the Consent Agenda and added to the Statutory
Agenda for full discussion upon request by a member of the Council present at this meeting)
(a) Approve the minutes of the City Council meeting held on February 25, 2019. \[Lee Woodward, City
Secretary\]
(b) Adopt Ordinance 2019-3735, for the purpose of vacating, abandoning, and closing a portion of two
separate alleys located in Block 715, Town of La Porte. \[Ian Clowes, City Planner\]
(c) Receive the 2018 Comprehensive Annual Financial (CAFR) Report. \[Michael Dolby, Finance Director\]
(d) Award Bid #19009 for replacement of a Ground Storage Tank at Collegeview Water Plant. \[Don
Pennell, Public Works Director\]
(e) Authorize the La Porte Area Water Authority Manager to negotiate a contract between the La Porte
Area Water Authority and the City of Shoreacres for the design and construction of an additional La
Porte Area Water Authority waterline and metering station. \[Don Pennell, Public Works Director\]
Councilmember Engelken moved to approve the consent agenda; the motion was adopted, 9-0.
5.PRESENTATION, DISCUSSION AND POSSIBLE ACTION
(a) Discussion and possible action regarding appointment to the vacant position on the Chapter 172
Employee, Retiree Insurance & Benefits Board. \[Lee Woodward, City Secretary\]
Councilmember Gillett nominated ion on the Chapter 172
Employee, Retiree Insurance and Benefits Board; the motion was adopted 5-4, Councilmembers Earp,
Zemanek, and Kristin Martin, and Mayor Rigby voting against,
Page 1 of 3
March 11, 2019 Council Meeting Minutes
(b) Discussion and possible action regarding update of the La Porte Parks, Recreation, and Open
Space Master Plan. \[Roz Epting, Park and Recreation Director\]
Aaron Tuley and Kate White of Halff Associates shared the work they have done to begin the master plan
update process.
(c) Discussion and possible action authorizing the City Manager to execute a two-year lease
agreement with the Fairmont Park West Homeowners Association for the use of Fairmont West
Park and swimming pool. \[Jason Weeks, Assistant City Manager\]
Asst. City Manager Jason Weeks reminded the Council of the background of the prior agreement and
noted state law requires an accompanying ordinance or resolution, so no action would be taken at this
meeting. The Council permitted Mr. Patterson and staff to answer questions from the Councilmembers.
Councilmember Zemanek moved to direct the staff to finalize the agreement with items discussed tonight
and to bring the item back for a future agenda with an ordinance or resolution. The motion was adopted,
7-2, Councilmembers Bentley and Ojeda voting against.
6.REPORTS
(a) Receive a report on the Fiscal Affairs Committee meeting. \[Councilmember Engelken\]
Councilmember Engelken reported on the meeting items and confirmed
7. ADMINISTRATIVE REPORTS City Manager Corby Alexander addressed items brought up during Public
Comments.
8. 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 supported the discussion of the pool issue; thanked the City Manager and staff for remediating
drainage issues at La Porte Cemetery; thanked Public Works Director Pennell for the Solid Waste staff and new
parking at the Depot; thanked Parks Director Epting for the condition of the fields for the opening of Girls Softball;
congratulated Donna
property; and shared the good times had -off.
9. EXECUTIVE SESSION The City Council reserves the right to meet in closed session on any agenda
item, should the need arise, and if applicable pursuant to authorization by Title 5, Chapter 551, of the
Texas Government Code, in in accordance with the authority contained in:
Texas Government Code Section 551.072 Deliberation regarding purchase, exchange, lease, or value
of real property: Meet with City Manager and City Attorney to discuss value of real property in industrial
districts, concerning negotiations with industry representatives for terms of new Industrial District
Agreements.
(Councilmember Earp has a Conflict of Interest affidavit on file for this item, did not participate in the deliberations,
and left the meeting as the Council adjourned into executive session.) The Council adjourned into executive
session at 7:43 p.m.
11. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive session.
The Council reconvened into open session at 8:22 p.m. No action was taken.
10. ADJOURN Without objection, Mayor Rigby adjourned the meeting at 8:23 p.m.
Page 2 of 3
March 11, 2019 Council Meeting Minutes
_______________________________
Lee Woodward, City Secretary
Page 3 of 3
March 11, 2019 Council Meeting Minutes
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: March 25, 2019
Source of Funds: Fund 038 - EDC
Requested By: Jason B. Weeks, Assistant City Manager
Account Number: 038.6030.565.5007
Department: CMO
Amount Budgeted: $74,000
Report Resolution: Ordinance:
Amount Requested: $69,000
Exhibit: Ridership Data
Budgeted Item: YES NO
HCTA Bus Schedules (2 Exhibits)
Interlocal Agreement (includes Exhibits)
SUMMARY & RECOMMENDATION
For the past eight 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
69,000, which is a $5,000 decrease from last year. This is the only change in the current agreement
from the previous agreement with HCTA.
projected ADA paratransit ridership, but that ridersh
$5,000 this year due to the reduced ADA paratransit ridership. Staff has met with the County about the reduced ADA
paratransit ridership and has asked the County to be more aggressive in promoting the ADA paratransit services in La
Porte this year. If there is an increase in ADA paratransit ridership the cost could go up next year with more ADA client
participation. For several years the cost was split between the General Fund and EDC. The past two years the cost has
been budgeted 100% in EDC for $74,000.
City Attorney has reviewed the agreement and staff recommends approving the Bus Service Agreement with Harris
County Transit Authority for local bus service for 12-month period beginning March 25, 2019.
Action Required by Council:
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 Monthly Passenger Ridership
800
700
600
500
400
300
200
100
-
2014-152015-162016-172017-182018-19
La Porte Annual Passenger Ridership
7,000
6,214
6,000
5,257
5,051
5,041
5,000
4,000
3,000
2,039
2,000
1,000
-
2014-152015-162016-172017-182018-19
NOTE: 2018-19 DATA INCLUDES ONLY OCTOBER, NOVEMBER, DECEMBER 2018 & JANUARY 2019
Baytown/La Porte Shuttle Monthly Ridership
700
600
500
400
300
200
100
-
2014-152015-162016-172017-182018-19
Baytown/La Porte Shuttle Annual Ridership
6,000
5,406
5,322
5,138
5,000
4,000
3,313
3,000
1,765
2,000
1,000
-
2014-152015-162016-172017-182018-19
NOTE: 2018-19 DATA INCLUDES ONLY OCTOBER, NOVEMBER, DECEMBER 2018 & JANUARY 2019
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INTERLOCAL AGREEMENT
THE STATE OF TEXAS §
§
COUNTY OF HARRIS §
This Interlocal Agreement (“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 body corporate and politic under the laws of the State of Texas, hereinafter called the “County,”
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 to herein as a “Party” or collectively
as the “Parties.”
Recitals
Certain portions of eastern Harris County lie outside the jurisdictional boundaries and
service area of the Metropolitan Transit Authority of Harris County, Texas, including areas within
the corporate limits of La Porte.
The Parties 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
1.1Scope of Agreement. County, upon receipt of funding from La Porte and matching
federal funds, will provide for the operation of fixed route bus servicesas 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“Fixed Route Bus Service”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.
Page 1 of 11
1.2.2“Complementary Paratransit Services” means service required by the Americans
with Disabilities Act (ADA) for individuals with disabilities who are unable to use fixed route
transportation systems and are deemed eligible for the service.
1.2.3“Local Matching Funds” means the 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 Shareportion
of the transit system budget; and other revenues such as advertising.
1.2.4. The Parties agree the County will provide services in accordance with federal
requirements.
ARTICLE 2. La Porte’s 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
chosen by the County. To be acceptable, each such transit stop must at a minimum have a “transit
stop” sign facing 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:
(a) A firm stable surface;
(b) 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;
(c) A maximum slope of 1:50 (2%) for water drainage; and
(d) An accessible route to the streets, sidewalks or pedestrian paths.
2.3 La Porte will provide advertising on La Porte’s 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
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requested by County in writing, and at County’s expense. 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 Porteshall send
Sixty-Nine Thousand and No/Dollars ($69,000.00)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 the required Local Share portion of the transit system budget during the term
of this Agreement, the County shall have no obligationto continue providing the services
hereunder 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 providedby La Porte within forty-five (45) days from La Porte’s receipt of written
request for additional funds from County.
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
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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
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’s 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 and proposed for use during
the term of this Agreement are depicted on Exhibit “A” to 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.
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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) $ 0.50 each way
Seniors (65 and older with identification)$ 0.50 each way
Disabled (with identification) $ 0.50 each way
Medicare recipients (with identification) $ 0.50 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 Porte’s funding hereunder will be used for payment of the matching
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.
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ARTICLE 5. Termination and Default
5.1 Termination by La Porte orthe County. La Porte or the County may, terminate
this Agreementwithout causeupon ninety (90) days prior written noticeto the other Party.
5.2 Notice ofDefault.
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.
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
Party’s intention to terminate.
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 is executed 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 derived from 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.
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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
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: Daphne Lemelle
Director, Harris County Community Services Department
Developmental Department
8410 Lantern Point Drive
Houston, Texas 77054
TO LA PORTE:
City of La Porte, Texas
ATTN: Lee Woodward, City Secretary
604 W Fairmont Pkwy
La Porte, Texas77571
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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 orwarranty
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,
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 obligatedto 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.
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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.
HARRIS COUNTY CITY OF LA PORTE
By:_____________________________ By:_____________________________
DAPHNE LEMELLE Louis R. Rigby
Executive Director Mayor
Community Services Department
APPROVED AS TO FORM: ATTEST
Vince Ryan, Harris County Attorney
By:_____________________________ By:_____________________________
Amy SamplesLee Woodward
Assistant County Attorney City Secretary
C.A. File No.: 19GEN0402
APPROVED AS TO FORM:
By:_____________________________
Clark T. Askins
Assistant City Attorney
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EXHIBIT A
Bus Routes
Exhibit B
Signage
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: March 25, 2019
Source of Funds:
Requested By: Teresa Evans, Planning & Dev Director
Account Number:
Department: Planning & Development
Amount Budgeted:
Report X Resolution: Ordinance:
Amount Requested:_________________
Exhibit: Code Enforcement Process Presentation
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
The Director of Planning and Development, Teresa Evans, along with her staff and the assistance of the
Assistant City Attorney, Clark Askins will be providing the City Council a presentation over
Enforcement Process.
The presentation topics will include:
Overview
Enforcement Activities
Administrative Process
Legal & Judicial Process
Policies & Legal Considerations
Common Code Violations
Recent Changes to Improve Service
Opportunities to Improve Enforcement
The presentation is quite lengthy, it provides an in-
Staff is considerate of the Mayor, City Council and publics time; therefore, there are several slides that are
included to provide more detail to the processes and will not be discussed in much detail. At the conclusion of
Action Required by Council:
Receive presentation
Approved for City Council Agenda
Corby D. Alexander, City Manager Date
Monday, March 25, 2019
Service
Adam Tanner
-
Steps
Adam Tanner
-
& Next
Considerations
ENFORCEMENT
& Legal
OverviewEnforcement ActivitiesAdministrative ProcessLegal & Judicial Process Policies Common Code ViolationsRecent Changes to Improve Opportunities to Improve Enforcement Council Feedback
1.2.3.4.5.6.7.8.9.
CODE Presentation Topics
Inspectors,
to identify
Service
the Building
‘Community
complaints and concerns.
to
respond
and
conduct daily patrols of the City
The City’s Planning Department employs two (2) Code Enforcement Officers, known as Inspectors’. The Inspectors The Inspectors coordinate closely with the Fire Marshal’s Office, City
Engineer, Public Works, City Planners, and the Police Department to properly cite code violations and address citizen complaints.The City is split into two zones, and an Inspector is
assigned to each zone.
code violations
CODE ENFORCEMENT Overview
CODE ENFORCEMENT District Map
Public Works City Engineer
City Prosecutor
City Planner
Inspectors
Council
Citizens
Director
Manager
Community Service
Planning and
Development
Assistant City
Mayor and City
City Manager and
Chief Building
Building Official
Police
Building Inspectors
Official and Deputy
Examiner
Commercial Plans
CODE ENFORCEMENT TEAM
70%
10%
20%
Driving Patrols, Inspections & Reinspections (70%)Follow-Up Activities (Research, Violation Letters, Call Backs) (20%)Bandit Signs Pick-Up (10%)
Percentage of Work Week Devoted to Primary Activities
CODE ENFORCEMENTBreakdown of Activities
following:
the
Inspectors address
High Grass/Weeds Trash/Debris Stagnant waterStagnant poolsExterior storage
Nuisance Violations Junk VehiclesWork without Permit and Building Code ViolationsZoningRefuse Violations (early trash placement)Bandit Signs
In a typical day,
CODE ENFORCEMENT Daily Duties
)
city facility
-
are also responsible for:
Annual Pool Inspections (nonAnnual Kennel Inspections (in conjunction with Animal Control)Annual Alcohol Permit InspectionsAnnual Group Care Home InspectionsAnnual Donation Collection
Bin Inspections
Inspectors
CODE ENFORCEMENTAnnual Inspections
Officer.
a Code Enforcement
Program.
Requirements for Inspectors include:
Legal aspects of Code Enforcement (Court, Warrants, Citations)Abatement ProceduresZoning NuisanceJunk VehiclesDangerous Buildings
mployed by city, county or state as
EAttend a 40 hour Basic Code Enforcement Officer course through Texas A&M Extension Service (TEEX) and pass the final exam. Basic Course topics include:
The Texas Department of Licensing and Regulation (TDLR) oversees the Code Enforcement Officer Licensing
CODE ENFORCEMENT Licensing Requirements
Training for one (1) year
-
erve as a Basic Code Enforcement Officer In
Pass the state administered Code Enforcement Officer certification testSafter passing the state test.Apply to become a Licensed Code Enforcement Officer
Licensing Requirements continued:
CODE ENFORCEMENTLicensing Requirements
IV
and
III
include:
plans to add Code Enforcement Officer
course topics
Depth training of Zoning RegulationsDepth Legal training (e.g. when are warrants required, what are
--
. II
Management and Supervisory trainingBudget trainingInInLicensed Officers allowed to do/not do)
C.E.A.T.).
A Licensed Code Enforcement Officer, with one (1) year of experience, may attend the Code Enforcement Officer II (C.E. II) course, offered through Code Enforcement Assoc. of Texas (C.EC.E.A.T.
certifications.
CODE ENFORCEMENTC.E. II Certification
compliance process to
and resilient structures.
Property Maintenance and Housing Zoning InspectorResidential Building Inspector
–––
build, and
sustainable,
Code Council (ICC) Certifications
Certifications
International Code Council InspectorInternational Code Council International Code Council
International ICC is dedicated to developing model codes and standards used in the design, construct safe,
CODE ENFORCEMENTICC
Education every two (2) years to renew
license.
Officers are required to attend twelve (12) hours of Continuing their Any person may file a complaint with TDLR if they believe a Licensed Code Enforcement Officer is acting outside
of their scope or practicing in an unethical way. TDLR will initiate an Administrative Investigation to review the accusations. TDLR may impose fines, suspension, or revoke the license
of a Code Enforcement Officer if it validates the accusations.
The Texas Department of Licensing and Regulation (TDLR) holds Officers to a high professional standard.Code Enforcement Officers may be sued civilly, separate from any city law suits,
for illegal or unethical behavior.
CODE ENFORCEMENTProfessional Standards
years; 3 year
(14
Supervisor
)
.
(5 years)
Experience (19 years)
License
Certification
1 year in League City2 years in La Porte
Basic C.E. C.E. II ICC Property Maintenance and Housing InspectorCertified Pool & Spa Inspector by the National Swimming Pool FoundationFire Fighter/EMT Public Safety Dispatcher and
Dispatch overlap with Fire DeptCode Enforcement (3 years)
CertificationsLocal Government
CODE ENFORCEMENTAdam Tanner, Inspector
(7 years)
years)
City
Officer
(6.5
Experience (approx. 13.5 years)
License
Certification
3 years in Louisiana3.5 years in League 4 months in La Porte
Basic C.E. C.E. II ICC Residential InspectorParole and Probation Code Enforcement
CertificationsPublic Service
CODE ENFORCEMENTGary Gordon, Inspector
th
;
Issues
-
status of complaint.
5073; or
-
Enforcement
-
470
-
Hall.
281
online to check
-
submitted by:
porte.tx.us/931/Code
-
Inspections Division at
complaint in person at City
www.ci.la
://
Inspector identifies violation during patrol and/or
httpCall City Make a
:
Complaints can be Complaints can be submitted anonymously by any of the above means.Complainant can go status of complaint.
IDENTIFICATION & INSPECTION STEP 1responds to complaint.
CODE ENFORCEMENT Administrative Process
.
, permits, site
).
the violation
(time stamped
of codes
research
document the violation
pursue legal action.
ordinance is a criminal offence and classified as a
observe and
(e.g. work without permit, drainage issues
of city
may need to conduct further
in order to
A violation Class C Misdemeanor. Inspector will photo) Inspector plan records and coordinate with other City Departments to confirm the violation
VERIFICATION & DOCUMENTATION STEP 2: Inspector observes and documents
CODE ENFORCEMENT Administrative Process
the case goes to
prove that the
will send a violation
Inspector
opportunity to come into compliance and abate
provides the
The warning letter notifies the property owner/tenant/responsible party and the violation within a specified timeframe.Abatement period is generally ten (10) days but will vary depending
on offense.The notice provides due process. Prosecutor must property owner acted with ‘intent’ or ‘knowledge’ if trial.
VIOLATION NOTICE STEP 3: For the first offense, notice, also known as a warning letter, by certified mail.
CODE ENFORCEMENT Administrative Process
if
prepare paperwork
will
will close the case.
Inspector
the Inspector
inspect property after abatement period passes, and
-
& INITIATING LEGAL ACTION
has been corrected, the
The Inspector forwards the paperwork to Municipal Court and the
: Inspector will re: If the violation is not corrected,
At anytime within the 12 month period following the initial warning, the Inspector verifies a reoccurrence of the same violation, the Inspector will initiate legal action. Inspectors
do not possess the legal authority to issue citations for criminal offenses since Inspectors do not have the power to arrest.
INSPECTION
-
the violation
RE STEP 4 if STEP 5 to initiate legal action.STEP 6: City Prosecutor.
CODE ENFORCEMENT Administrative Process
around to prepare the ‘complaint’.
-
charging instrument and legally initiates
the Inspector swears that s/he personally
‘complaint’,
the offense.
The Inspector confirms the language and signs the ‘complaint’.
: In response to the Inspector’s request, the City Prosecutor prepares
There is generally a 24 hour turnThe ‘complaint’ is the formal the code enforcement case.By signing the witnessed
7
COMPLAINTS STEP the ‘complaint’. STEP 8:
CODE ENFORCEMENT Legal Process
court date is
the scheduled
to
.
case initiation
receives the executed ‘complaint’ and prepares the
weeks
five (5)
SUMMONS
Municipal Court mails the ‘court summons’ by certified mail to the
Municipal Court
The time period from generally Beginning in February 2019, Municipal Court now holds two (2) code enforcement dockets each month.
COURT STEP 9: ‘court summons’ with notice of a court date. STEP 10: defendant.
CODE ENFORCEMENT Judicial Process
the violation
has the option to meet
and
.
Inspector will visit property to confirm if
the Inspector
appears at the initial arraignment
corrected.
Prosecutor and
: The defendant
Code Enforcement cases are criminal cases, and a court appearance is always required. This defendant’s first appearance in court is called the initial arraignment. The City Prosecutor
represents the State. Prior to court date, the has been The defendant may enter a plea of not guilty and request a trial by Judge or Jury.
the City
INITIAL ARRAIGNMENT STEP 11 with
CODE ENFORCEMENT Legal Process
order compliance or
to
the defendant is guilty beyond a
.
prove
must
is a state criminal court hosted by the City.
doubt.
Court
comply with a court order may result in issuance of a warrant
Judge and Jury have no authority
:
Municipal The Prosecution reasonable The abatement of the violationFailure to that may result in arrest.Failure to appear for a court date may result in issuance of an arrest warrant.
COURT DISPOSITION STEP 12
CODE ENFORCEMENT Judicial Process
2,000.
Court,
$
.
) shall not exceed
of violation in Civil
fire safety, zoning, public heath and
the violation
govern
that
order to abate
stipulates that fines or penalties for violations of
injunctive relief/abatement
pursue
ORDER TO ABATE VIOLATION
may
The State of Texas ordinances and regulations sanitation (other than the dumping of refuseCity City can sue the defendant in accordance with Local Government Code Chapter 54 for court
a.k.a. Harris County District Court.
FINESCOURT
CODE ENFORCEMENT Fines and Abatement
CONSIDERATIONS
POLICY AND LEGAL
with the
access
would have
view
person
property only
fence.
property
‘reasonable’
the Judge is required to
a neighboring
from
from a public point of
“where the mailman would go” (e.g. Sidewalk,
access areas that the
the violation
search warrant from
only
may not look over someone’s privacy
.
may view
Inspectors Inspectors may not lift up a car cover to see if a vehicle’s registration is expired or missing
Violations documented from a public point of view/public right of way, may only be observed from Driveway, Walkway, Front Porch). Inspectors may access to for the purpose of verifying
and documenting a violation. Officers permission of the neighboring property owner.An administrative private property.
Violations observed Violations observed from private
CODE ENFORCEMENTStandard Policies/Legal Aspects
without Permit and Building Code Violations
Grass & Weeds
High Trash/Debris Stagnant waterStagnant poolsExterior storage
Nuisance Violations Junk VehiclesWorking ZoningRefuse Violations (early trash placement)Bandit Signs
CODE ENFORCEMENTCommon Violations
12
.
vegetation or growth over
ny
in compliance with Chapter 34, Article
a
on acreage within 150 feet of a residence or
18 INCHES
Weeds are defined a
Grass & Weeds
on lots and
Grass and
Unsanitary, Unsightly Conditions on Private Premises
–
High Grass and Weeds are regulated IV. High INCHES business.
CODE ENFORCEMENTHigh
.
the City will initiate legal
later. The 15 day period allows time for
occurs 15 days
inspection
-
Re
: Inspector will visually verify, measure, and photo document high grass : For the first verified offense, a 10 day violation notice will be sent by :
If the violation was abated, the case is closed.If not abated, and the property is vacant or unoccupied, the property will be placed on a mow list to be mowed by the city contractorInvoice
will be sent to property owner for cost of mowing plus an administrative fee.If not abated, and the property is occupied, action.
3
PROCESS STEP 1 and weeds.STEP 2 certified mail.STEP the notice to be mailed and received.
CODE ENFORCEMENTHigh Grass & Weeds
34, Article V.
OR
AND
Chapter
days on private property
meet all of the following criteria:
MUST
CONSECUTIVE
72 hours on public property30
wrecked, dismantled, or partially dismantled
The City’s ordinance mirrors the Texas Transportation Code.No visible registration or expired registration Is Is inoperable and has remained inoperable for more than:
Junk Vehicles are regulated in accordance with A junk vehicle
CODE ENFORCEMENTJunk Vehicles
through
AND
tagged.
If the condition of the vehicle is unknown during initial inspection, photos of the vehicle will be taken and the tires will be marked to verify movement. Vehicle will be periodically
checked for the next 10 days to determine if it’s operable.If Inspector can verify Junk Vehicle at the initial inspection, photos of the vehicle will be taken, tires may be marked,
and the vehicle may be red Notice is sent to the Property Owner, Tenant, Vehicle Owner, and Lienholder of the vehicle.Notices are mailed out via Certified Mail with Return regular mail.
PROCESS STEP 1: Officer inspects and confirms junk motor vehicle. STEP 2: 10 Day Violation Notice is mailed to all responsible parties.
CODE ENFORCEMENTJunk Vehicles
presence),
staff
has been
days.
violation after Inspector
the vehicle
that
requirement
days. The additional 15 days allows time for
.
Code
inspection
-
45 day period guarantees city compliance with the State Transportation inoperable for 30 mailing of warning letter and correction of has confirmed vehicle has been inoperable for 30
If the vehicle has been removed from the property, case is closed.If the vehicle has a valid registration, case is closed.If the vehicle can be proven operable (operated in the case
is closed
STEP 3: Abatement PeriodSTEP 4: Re
CODE ENFORCEMENTJunk Vehicles
OR
lot.
the vehicle is in
Contractor,
issued for the violation.
State law mandates that Junk Vehicles that are towed must be demolished immediately, and not held at an impound Inspectors have discretion to initiate legal action if a repairable condition.
court summons will be
Vehicle may be towed by the City’s Junk Vehicle A
STEP 5: If the vehicle has NOT been repaired or removed, Inspectors will do one of the following:
CODE ENFORCEMENTJunk Vehicles
:
EXCLUDES
Materials in use
ENFORCEMENT
ToysConstruction VehiclesLandscape MaterialLawn and Garden Tools
Storage is defined as items that are stored in the public view at a
Exterior Storage is regulated in compliance with Section 106.773 of the Code of Ordinances.Exterior residence.Exterior storage definition
CODE Exterior Storage
-
. The City
up any
(5) days
-
on the day of collection
. The City provides heavy trash pick
up
-
7 am
up two (2) times a week.
-
in accordance with Chapter 58, Article II.
Division 1
–
or later than
5 am
Trash Placement
Regular residential trash should NOT be placed out for pickearlier than provides residential trash pickHeavy trash should NOT be placed out any earlier than five prior to the first scheduled
pickup once a month.
Collection and Disposal
Early Trash Placement is regulated –
CODE ENFORCEMNTEarly
as a
addressed
serve
of these violations are
MOST
later.
up,
-
days
allows time for notice to be mailed and
and the next violation will be
eight (8)
of trash pick
occurs
future violations
abatement period
day
inspection
-
Re
legal action.
: Inspector will verify violation.: Upon verification and documentation of violation, Inspector will send :
3
Eight (8) received.Due to timing/schedule abated and the case is closed. However, the notice will ‘Warning’ for
with
PROCESS STEP 1STEP 2 3 day Violation Notice to the Property Owner and/or Tenant. STEP
CODE ENFORCEMNTEarly Trash Placement
Dumping
month.
–
in front of their property will
rash
t
heavy
to “go after” the person dumping.
the City
ordinance is one of the most difficult to enforce because
places blame and cost of removal on the property owner.
Scenario
receives several complaints of dumping every
City Dumping Inspectors almost never catch who did it.Residents who don’t want to put dump it on vacant lots within the City. Without having evidence and proof of who did the dumping,
there is really no way for The City
Regulated in accordance with Chapter 58, Article I. Typical
CODE ENFORCEMENTDumping
days later (time given for notice to
days to abate.
ten (10)
fifteen (15)
Inspection occurs
not abated, Inspector contacts contractor to request a bid for
-
)
If the violation was abated, the case is closed.If debris removal.
Inspector verifies and documents dump site.Inspector mails Violation Notice to the property owner.Abatement occurs after bid approval. Property Owner is invoiced for debris removal plus
an administrative
: Property Owner is given : Re
1: 5:
PROCESS STEP STEP 2: STEP 3STEP 4 be mailed STEP STEP 6: fee. If not paid, a lien is placed on the property.
CODE ENFORCEMENTDumping
Codes
.
demolition and
Building
–
a permit from the City
examples:
examples:
boards
construction require
disrepair
in accordance with Chapter 82, Article II fascia
work, such as roof, sheetrock, siding, driveway,
fence
in
ater service
w
Certain privacy Dilapidated roofMissing Fence No
Regulated Working Without a Permit Building Maintenance
CODE ENFORCEMENT Building Maintenance & Working Without Permit
any
Inspector will identify and verify if violation exists.
1:
work is actively going on at a property, Inspector will confirm if
If permits are required or have been issued for the property. In some circumstances, Inspector will coordinate with Building Inspectors or Deputy Building Official and issue a Stop
Work Order at the location.
PROCESS STEP
CODE ENFORCEMENT Building Maintenance & Working Without Permit
initiates legal
inspect after compliance
-
property owner or tenant.
inspection
-
30 days for Building Maintenance issues to come into
If building complies, case is closed. If violation continues,
-
initiates legal action against
Abatement/Compliance Period
:
23: Recheck and Re
Violators are given anywhere from three (3) days for Working Without a Permit to 10compliance.For Working Without a Permit violation, if permit applied for or obtained during abatement
period, case is closed. If not, Inspector action. For building maintenance issues, Inspector will reperiod ends.Inspector
STEP STEP
CODE ENFORCEMENT Building Maintenance & Working Without Permit
–
to be
options are
Buildings list
Buildings are regulated pursuant to Chapter 82, Article II
may place the property on a Dangerous
taff
f City is unable to locate the owner for a vacant property,
Ilimited and the violation may exist for a while. Chief Building Official, Fire Marshal and Fire Chief will determine if property meets the definition of a Dangerous Building.Sreviewed
by the Dangerous Buildings Inspection Board.Dangerous buildings require Council approval to demolish property. Council may also grant an extension to owner to repair property.
Dangerous Building Codes
CODE ENFORCEMENTDangerous Buildings
lawn.
FRONT
Traffic and Vehicles. This Chapter falls
-
street parking on grass is regulated in accordance with
-
: Off
837 (6), which prohibits parking vehicles on
-
Street Parking
-
Inspectors are coordinating with the Police Department to address vehicles parked in the right of way. Inspectors may verify violation and then contact the Police Department to tow
vehicle to impound yard, in accordance with Chapter 70, Article V. Chapter 70under the authority of the Police Department.
Parking on Grass Section 106 Parking in Right of Way:
CODE ENFORCEMENTOff
way
-
of
-
Most signs only list a phone number, and Phone numbers are not enough information to send Violation Notices.
Inspectors removed 3,679 signs from public rightSigns on private property are not removed.Community Service Inspectors coordinate with Building Inspectors to remove signs weekly.Bandit
signs are difficult to proactively address because
in 2018.
CODE ENFORCEMENTBandit Signs
up.
-
and not prior to
SERVICE…
added by Municipal Court,
load.
Docket
Inspectors are no longer picking up signs
-
all Inspectors assisting with bandit sign pick
-
.
Inspectors pick up signs on Monday,
-
Up
-
sales
Code Enforcement
Team ApproachCommunity Event Signsassociated with community events or children’s sport leagues.Garage Signsweekend
monthly
nd
2 beginning in February, to expedite case Bandit Sign Pick
RECENT CHANGES TO IMPROVE CUSTOMER
CODE ENFORCEMENTRecent Service Improvements
up?
-
rganizations to assist citizens
o
ENFORCEMENT
offenders
Court for injunctive relief
ign policies that address following:
s
articipation in weekly sign pick
p
in Civil
iolators
v
Continue to save and give signs back upon request or throw away signs?Public Works’ Limit number of annual garage sales and/or require permitExamples: Parking vehicles on grass in backyard;
Parking in ROW;
Adopt policies to address repeat
Limit warning notices for repeat offenders and/or specific violationsAdopt new bandit Authorize Chapter 106 updates to address citizen complaintsSue Identify and partner with community
experiencing economic distress and/or otherwise unable to comply.
OPPORTUNITIES TO IMPROVE
CODE ENFORCEMENT Options to Improve Enforcement
NEXT STEPS
FEEDBACK &
Council Agenda Item
March 25, 2019
7 (a)Receive report of the La Porte Development Corporation Board Meeting Councilmember Nancy
Ojeda
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