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HomeMy WebLinkAbout09-09-19 Regular Meeting of the La Porte City CouncilLOUIS R. RIGBY Mayor BRANDON LUNSFORD CouncilmemberAt Large A STEVE GILL ETT CouncilmemberAt Large B DANNY EARP Cauncilmember District 1 CITY COUNCIL MEETING AGENDA CHUCK ENGELKEN Councilmember District 2 BILL BENTLEY Mayor Pro -Tem Cauncilmember District 3 THOMAS GARZA Cauncilmember District 4 JAY MARTIN Cauncilmember District 5 NANCY OJ EDA Cauncilmember District 6 Notice is hereby given of a Regular Meeting of the La Porte City Council to be held September 9, 2019, beginning at 6:00 pm in the City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas, for the purpose of considering the following agenda items. All agenda items are subject to action. CALL TO ORDER 2. INVOCATION — The invocation will be given by Councilperson Nancy Ojeda. PLEDGES — Will be led by Councilperson Danny Earp. U.S. Flag Texas Flag: Honor the Texas Flag. I pledge allegiance to thee, Texas, one state, under God, one, and indivisible. 3. PUBLIC COMMENTS (Limited to five minutes per person.) 4. CONSENT AGENDA (Approval of Consent Agenda items authorizes each to be implemented in accordance wth 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 August 26, 2019. [Louis R. Rigby, Mayor] (b) Accept the Tax Assessor's certified 2019 ad valorem anticipated collection rate for the City of La Porte. [Michael Dolby, Finance Director] (c) Ratify the City Manager's appointment of Victor Peres to the Civil Service Commission for a three-year term expiring August 31, 2022. [Corby Alexander, City Manager] (d) Adopt Resolution 2019-13, authorizing the resale of tax delinquent property located at Lots 11 and 12, Block 988, Town of La Porte. [Shelley Wolny, Treasurer] (e) Adopt Resolution 2019-14, authorizing the City Manager to sign a grant award and other documents for the Traffic Control STEP Grant. [Ron Parker, Chief of Police] (f) Adopt Resolution 2019-15, authorizing the City Manager to sign a grant award and other documents for the Commercial Motor Vehicle (CMV) STEP grant. [Ron Parker, Chief of Police] (g) Adopt Ordinance 2019-3755, amending Chapter 86 of the City of La Porte Development Code. [Clark T. Askins, Assistant City Attorney] (h) Adopt Resolution 2019-17, approving a nomination for the Harris County Appraisal District (HCAD) board member representing cities other than the City of Houston. [Louis R. Rigby, Mayor] 5. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES (a) The City Council will hold a public hearing to receive comments regarding their consideration of the proposed budget for the City's FY 2019-20; followed by discussion and possible action to adopt Ordinance 2019-3756, approving the City's Fiscal Year 2019-20 Proposed Budget. [Michael Dolby, Finance Director and Matt Hartleib, HR Manager] 6. STATUTORY AGENDA (a) Presentation, discussion, and possible action to adopt a City sponsorship policy. [Corby Alexander, City Manager] (b) Presentation, discussion, and possible action regarding the City's participation as a sponsor for regatta events during 2019-2020 at the Houston Yacht Club. [Jason Weeks, Assistant City Manager] (c) Presentation, discussion, and possible action to adopt Resolution 2019-16, accepting the 2019 HCAD certified appraisal roll. [Michael Dolby, Finance Director] (d) Presentation, discussion, and possible action on a proposed tax rate of $0.71, and approval of the recommended dates of September 19, and September 23, 2019, for public hearings on the City's tax rate. [Michael Dolby, Finance Director] (e) Presentation, discussion, and possible action to adopt Ordinance 2019-3747, amending Chapter 82, 'Buildings and Building Regulations'- Appendix A'Fees' of the Code of Ordinances of the City of La Porte, for the purpose of changing fees for city residential building permits and residential mechanical permits. [Corby Alexander, City Manager] (fJ Presentation and discussion on Ordinance 2019-3758, to amend the Council Rules of Procedure and Ethics Policy. [Louis R. Rigby, Mayor] (g) Presentation, discussion and possible action regarding the City's approach to locations for warehouse/wholesaler/distribution operations in La Porte. [Louis R. Rigby, Mayor] 7. REPORTS (a) Receive report of the Drainage and Flooding Committee meeting. [Councilperson Jay Martin] 8. ADMINISTRATIVE REPORTS • City Council Special Session, Thursday, September 19, 2019 • Planning and Zoning Commission Meeting, Thursday, September 19, 2019 • City Council Meeting, Monday, September 23, 2019 • Zoning Board of Adjustment Meeting, Thursday, September 26, 2019 • City Council Special Session, Monday, September 30, 2019 9. COUNCIL COMMENTS Hear announcements concerning matters appearing on the agenda; items of community interest; and/or inquiries of staff regarding specific factual information or existing policy from the Mayor, Councilmembers, and City staff, for which no formal action will be discussed or taken. 10. ADJOURNMENT If, during the course of the meeting and discussion of any items covered by this notice, City Council determines that a Closed or Executive Session of the Council is required, then such closed meeting will be held as authorized by Texas Government Code, Chapter 551, Section 551.071 - consultation with counsel on legal matters; Section 551.072 - deliberation regarding purchase, exchange, lease or value of real property; Section 551.073 - deliberation regarding a prospective gift; Section 551.074 - personnel matters regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; Section 551.076 - implementation of security personnel or devices; Section 551.087 - deliberation regarding economic development negotiation; Section 551.089 - deliberation regarding security devices or security audits, and/or other matters as authorized under the Texas Government Code. If a Closed or Executive Session is held in accordance with the Texas Government Code as set out above, the City Council will reconvene in Open Session in order to take action, if necessary, on the items addressed during Executive Session. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (281-470-5019), two working days prior to the meeting for appropriate arrangements. CERTIFICATE I, Lee Woodward, City Secretary, do hereby certify that a copy of the Septerrber 9, 2019, City Council agenda was posted on the City F-bll bulletin board, a place convenient and readily accessible to the general public at all tirres, and to the City's website, www.LaFbrteTXgov, in corrpliance with Chapter 551, Texas Governrrent Code. DATE OF POSTING TIME OF POSTING TAKEN DOWN Lee Woodward, City Secretary Council Agenda Item September 9, 2019 1. CALL TO ORDER 2. INVOCATION — The invocation will be given by Councilperson Nancy Ojeda. PLEDGES — Will be led by Councilperson Danny Earp. U.S. Flag Texas Flag: Honor the Texas Flag. I pledge allegiance to thee, Texas, one state, under God, one, and indivisible. 3. PUBLIC COMMENTS (Limited to five minutes per person.) ****************************************************************** Council Agenda Item September 9, 2019 4. CONSENT AGENDA (Approval of Consent Agenda items authorizes each to be implemented in accordance Wth 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 August 26, 2019. [Louis R. Rigby, Mayor] (b) Accept the Tax Assessor's certified 2019 ad valorem anticipated collection rate for the City of La Porte. [Michael Dolby, Finance Director] (c) Ratify the City Manager's appointment of Victor Peres to the Civil Service Commission for a three-year term expiring August 31, 2022. [Corby Alexander, City Manager] (d) Adopt Resolution 2019-13, authorizing the resale of tax delinquent property located at Lots 11 and 12, Block 988, Town of La Porte. [Shelley Wolny, Treasurer] (e) Adopt Resolution 2019-14, authorizing the City Manager to sign a grant award and other documents for the Traffic Control STEP Grant. [Ron Parker, Chief of Police] (fJ Adopt Resolution 2019-15, authorizing the City Manager to sign a grant award and other documents for the Commercial Motor Vehicle (CMV) STEP grant. [Ron Parker, Chief of Police] (g) Adopt Ordinance 2019-3755, amending Chapter 86 of the City of La Porte Development Code. [Clark T. Askins, Assistant City Attorney] (h) Adopt Resolution 2019-17, approving a nomination for the Harris County Appraisal District (HCAD) board member representing cities other than the City of Houston. [Louis R. Rigby, Mayor] ****************************************************************** LOUIS RIGBY Mayor BRANDON LUNSFORD Councilperson At Large A STEVE GILLETT Councilperson At Large B DANNY EARP Councilperson District 1 CHUCK ENGELKEN Councilperson District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE AUGUST 26, 2019 BILL BENTLEY Councilperson District 3 Mayor Pro -Tem THOMAS GARZA Councilperson District 4 JAY MARTIN Councilperson District 5 NANCY OJ EDA Councilperson District 6 The City Council of the City of La Porte met in a regular meeting on Monday, August 26, 2019, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m., with the following in attendance: Councilpersons present: Louis Rigby, Thomas Garza, Steve Gillett, Danny Earp, Chuck Engelken, Bill Bentley, Brandon Lunsford, Jay Martin, Nancy Ojeda Councilpersons absent: None Council -appointed officers present: Corby Alexander, City Manager; Lee Woodward, City Secretary; Clark Askins, Assistant City Attorney ���%1��t�Z�7:7�]�:af•FiR.Ti l(:1.07 . l :[i1- u - - 1. • • .[�iFi%3[iI� . u 2. INVOCATION —The invocation was given by Minister Rachel Cotton, Pleasant Hill Church of Deliverance. PLEDGES — The pledges of allegiance to the U.S. and Texas flags were led by Councilperson Chuck Engelken. 3. PUBLIC COMMENTS (Limited to five minutes per person.) Chuck Rosa said he believed the large trucks in neighborhoods was not a concern due to the prescribed truck route. Amanda Gerrish spoke in concern of the recent changes to massage businesses and their effect on solo practitioners without storefronts. Justin Suringer addressed his concern about LPPD. 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 meetings held on August 12 and 13, 2019. [Mayor Louis R. Rigby] (b) Authorize the City Manager to execute a Water Service Agreement with Eurecat U.S. Inc., for its facility at 13100 Baypark Road, in the Bayport Industrial District. [Lorenzo Wingate, City Engineer] (c) Approve proposed changes to the Civil Service Pay scale. [Matt Hartleib, HR Manager] Councilperson Engelken moved to approve the consent agenda; the motion was adopted, 9-0, 5. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES (a) The City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2019-3750 amending the City's Future Land Use Map Component of the Comprehensive Plan for an approximately 5.051 acre tract of land located at the NE corner of S. 16th St. and the W. M St. ROW, legally described as Lots 1-32, Block 1144 and Lots 1- 32, Block 1143, La Porte Subdivision, by changing the land use designation from "Commercial" to "Light Industrial", followed by discussion and possible action regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2019-3750 amending the City's Future Land Use Map Component of the Comprehensive Plan for an approximately 5.051 acre tract of land located at the NE corner of S. 16th St. and the W. M St. ROW, legally described as Lots 1-32, Block 1144 and Lots 1- 32, Block 1143, La Porte Subdivision, by changing the land use designation from "Commercial" to "Light Industrial". [Ian Clowes, City Planner] Page 1 of 4 August 26, 2019, Council Meeting Minutes Mayor Rigby opened the public hearing at 6:15 p.m. Ian Clowes, City Planner, provided a brief presentation for all three items, and explained the three additional conditions of the Planning and Zoning Commission. Applicant Justin Bennett said he has taken measures in the design of the building to alleviate the concerns presented previously, reducing door count and reducing the truck court by increasing parking to attract a different type of light manufacturing business in the proposed facility. Theresa Nowetner spoke in opposition to the project, due to an increase in overall truck traffic, and her opinion that there was strong public disapproval. Sue Sabin shared that she "did not have a problem" with the concerns raised, as the area has always been industrial. Chuck Rosa spoke in support of the project, and suggested the City work on the roads and increasing the number of trucks. Aaron Kimball said against the project due to the current amount of truck traffic and how trucks are driven in the area, although he was not against increasing industrial development per se, but with a balance with other types of business. The Mayor closed the public hearing at 6:44 p.m. Councilperson Garza moved to deny the recommendation from Planning and Zoning and deny the applicant's request to amend the City's Future Land Use Map Component of the City's Comprehensive Plan. The motion was not adopted, 3-6, Councilpersons Garza, Lunsford, and Oieda voting in support. Councilperson Earp adopt Ordinance 2019-3750 amending the City's Future Land Use Map; the motion was adopted, 6-3, Councilpersons Garza, Lunsford, and Oieda voting against. (b) The City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2019-3751 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Zone Change #19-92000002, a change from General Commercial (GC) to Planned Unit Development (PUD) for a 5.051 acre tract of land located at the NE corner of S. 16th St. and the W. M St. ROW, legally described as Lots 1-32, Block 1144 and Lots 1-32, Block 1143, La Porte Subdivision, followed by discussion and possible action to consider adopting Ordinance 2019-3751 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Zone Change #19-92000002, a change from General Commercial (GC) to Planned Unit Development (PUD) for a 5.051 acre tract of land located at the NE corner of S. 16th St. and the W. M St. ROW, legally described as Lots 1-32, Block 1144 and Lots 1-32, Block 1143, La Porte Subdivision.[lan Clowes, City Planner] Mayor Rigby opened the public hearing at 6:56 p.m. No comments were offered. The Mayor closed the public hearing at 6:56 p.m. Councilperson Martin moved to approve the recommendation by the Planning and Zoning Commission and adopt Ordinance 2019-3751; the motion was adopted, 6-3, Councilpersons Garza, Lunsford, and Oieda voting against. (c) The City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2019-3752 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Special Conditional Use Permit #19-91000003 to allow for an industrial office/warehouse facility on a 5.051 acre tract of land, legally described as Lots 1-32, Block 1144 and Lots 1-32, Block 1143, La Porte Subdivision in the Planned Unit Development (PUD) zoning district; Discussion, and possible action to consider adopting Ordinance 2019-3752 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Special Conditional Use Permit #19-91000003 to allow for an industrial office/warehouse facility on a 5.051 acre tract of land, legally described as Lots 1-32, Block 1144 and Lots 1-32, Block 1143, La Porte Subdivision in the Planned Unit Development (PUD) zoning district. [Ian Clowes, City Planner] Mayor Rigby opened the public hearing at 7:08 p.m. There were no comments. The Mayor closed the public hearing at 7:08 p.m. Councilperson Martin moved to approve the recommendation by the Planning and Zoning Commission to adopt Ordinance 2019-3752; the motion was 6-3, Councilpersons Garza, Lunsford, and Oieda voting against. 6. STATUTORY AGENDA (a) Presentation, discussion, and possible action to adopt Ordinance 2019-3746 for the purpose of granting a franchise to CenterPoint Energy Resources Corp., to locate and operate facilities for transmission of natural gas in public rights-of-way, for a term of ten years, second reading. [Corby Alexander, City Manager] Page 2 of 4 August 26, 2019, Council Meeting Minutes (Councilperson Engelken has a conflict of interest affidavit on file for this item and did not participate in the discussion or vote.) Councilperson Bentley moved to adopt Ordinance 2019-3746 with a rate of 4.5% instead of 3%, granting a franchise to CenterPoint Energy Resources Corp., to locate and operate facilities for transmission of natural gas in public rights-of-way, for a term of ten years; Councilperson Bentley then chose to withdraw his motion. Councilperson Garza moved to adopt Ordinance 2019-3746 with a rate of 3%, granting a franchise to CenterPoint Energy Resources Corp., to locate and operate facilities for transmission of natural gas in public rights-of-way, for a term of ten years; the motion was adopted, 8-0. (b) Presentation, discussion, and possible action to proceed with allocating additional funding for Five Points Plaza Improvements. [Lorenzo Wingate, City Engineer] Chris Casey of Huitt-Zollars presented options and phasing for consideration. Councilperson Garza moved to approve proceeding with the restroom facility including storage and expanded parking lot option for the Five Points Plaza Improvements, without any of the other alternates offered; the motion was not adopted, 3-6, Councilpersons Oleda, Garza, and Lunsford voting in support. Martin moved that the City move forward with the project as proposed and have discussion at a later date on which of the three design options were preferred; the motion was adopted, 8-1, Councilperson Garza voting against. (c) Presentation, discussion, and possible action to adopt Resolution 2019-12 designating MRC Global (US) Inc., as an enterprise project. [Ryan Cramer, Economic Development Coordinator] Tom Lockwood spoke on behalf of MRC. Councilperson Garza moved to approve Resolution 2019-12 designating MRC Global (US) Inc. as an enterprise project; the motion was adopted 9-0. (d) Presentation, discussion, and possible action on the recommendation of the Chapter 172 Employee, Retiree Insurance and Benefits Board regarding employee and retiree health benefits. [Matt Hartleib, HR Manager Councilperson Ojeda moved to approve the recommendations of the Chapter 172 Employee, Retiree Insurance and Benefits Board: the motion was adopted 9-0. 7. REPORTS (a) Receive a report of the Fiscal Affairs Committee Meeting. [Councilperson Chuck Engelken] Councilperson Engelken reported on the Fiscal Affairs Committee meeting, relaying that the Committee reviewed the purchasing card and investment reports and found all in order. (b) Receive a report of the La Porte Development Corporation Board Meeting. [Councilperson Nancy Ojeda] Councilperson Ojeda reported on the La Porte Development Corporation Board meeting, relaying that the Board voted to deny a grant for 10325 West Fairmont Parkway, elected Richard Warren as President and Nancy Ojeda as Vice President, and approved the Economic Development budget. 8. ADMINISTRATIVE REPORTS • City Council Meeting, Monday, September 9, 2019 • Planning and Zoning Commission Meeting, Thursday, September 19, 2019 • City Council Meeting, Monday, September 23, 2019 • Zoning Board of Adjustment Meeting, Thursday, September 26, 2019 City Manager Corby Alexander offered staff would reach out to Ms. Gerrish on the massage business ordinance. 9. 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. Councilpersons thanked all for participating in the Council deliberation process; complimented LPPD for their training and performance in the school district as all prepared for school to resume; recognized Agape Centric for Page 3 of 4 August 26, 2019, Council Meeting Minutes their school supply giveaways; welcomed new Assistant Emergency Management Coordinator Johnny Morales; expressed appreciation for the approval of the project at Five Points; thanked staff for their preparation and presentations; shared the pleasure of attending the Senior Dance; encouraged citizens to attend and share their opinions; thanked the City's IT Department for keeping the City safe in last week's ransomware attacks; and the Mayor shared his visit to the Salt Grass Chapter meeting last week. ADJOURN — Without objection, Mayor Rigby adjourned the meeting at 8:28 p.m. Lee Woodward, City Secretary Page 4 of 4 August 26, 2019, Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 9, 2019 Requested By: Michael G. Dolby, CPA Department: Finance is Report Ir' Resolution (" Ordinance Exhibits: Letter from Tax Assessor Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: SUMMARY r- Yes " No In accordance with Section 26.04 of the state Property Tax Code (Title 1 of the Tax Code), the Tax Assessor is required to certify the City's 2019 ad valorem anticipated collection rate. The City's Tax Assessor, Ms. Piggott, of Goose Creek ISD, anticipates a 100% percent combined collection of current and delinquent taxes with penalties and interest. The collection percentage is for current, delinquent, and penalty and interest collected during the fiscal year against the City's current roll billing. RECOMMENDED MOTION I move to accept the Tax Assessor's certification regarding the anticipated combined collection rate of 100%. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date July 17, 2019 City of La Porte Mr. Michael Dolby Director of Finance 604 W. Fairmont Parkway La Porte, Texas 77571 Ref., Certification of Collection Rate 2019 Dear Mr. Dolby. rrA XI -XX SERVICES GCCISI CHARLENE PIGGOT DIRECTOR OF TAX SERVICA. Attached for the City Council and Mayor consideration and review is the 2019 certified ad valorem anticipated collection rate. This Tax Assessor/Col lector certification is required by the State Property Tax Code, Section 26.04 (b) and must be submitted to the governing body before the Tax Assessor/Collector can calculate the 2019 Effective Tax Rate. The anticipated combined collections of the current and delinquent taxes with penalties and interest will provide the City of La Porte one hundred percent (100%) collections of the 2019 tax billing and is therefore certified at one hundred percent (100%). If I can be of further service, please do not hesitate to contact me. Sincerely, 6, Xf a- de, Charlene Piggott, RTA, CSTA Encls. (1) P.O. Box 2805 - Baytown, Texas 77522 - (281) 707-3701 - FAX (281) 420-4999 scpiggot@gccisd.net STATE OF TEXAS PROPERTY TAX CODE, SECTION 26.04 (b) CERTIFICATION OF ANTICIPATED COLLECTION RATE FOR 1, Charlene Piggott, Tax Assessor/Collector for the City of La Porte, certify that the anticipated collection rate of said municipality for the 2019 taxable year is one - hundred percent (100%). This percentage represents the sum of current and delinquent taxes, including penalties and interest, collected between July Is' of this year and July I" of the next year. The amount of excess debt collection for the 2018 year was $0.00 dollars. Charlene Piggott, IATA, TSTA Tax Assessor/Col lector City of La Porte Date REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 9, 2019 Requested By: Corby Alexander, City Manager Department: Administration/CMO Report Ir' Resolution" Ordinance Exhibits: Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: Yes No SUMMARY The City Manager has appointed Victor Peres to the Civil Service Commission for a three-year term expiring August 31, 2022. The Civil Service Commission for the City of La Porte was established in 1981, when the citizens voted to adopt the state's Municipal Civil Service Law as it applies to sworn police officers. In compliance with state law, the Commission adopted rules relating to the appointments and the promotions of sworn police officers. The Civil Service Commission conducts investigations and hearings related to police officers appeals of disciplinary actions. Members are appointed to three- year terms by the City Manager and ratified by the City Council. The other current members are Keith Trainer and Les Bird. RECOMMENDED MOTION I move to ratify the City Manager's appointment of Victor Peres to the Civil Service Commission for a three-year term expiring August 31, 2022. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 9, 2019 Requested By: Shelley Wolny, Treasurer Department: Finance ' Report I; Resolution " Ordinance Exhibits: Resolution 2019-16, Deed, Attorney Letter, Analysis, Map Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: Yes" No SUMMARY If a property is sold or struck off to a taxing unit that is party to the judgment, the taxing unit may sell the property at any time by public or private sale. The City of La Porte has had the property located at 0 Lobit Avenue on the public resale list since 1999 and has received a minimum bid from Samuel Schoolcraft in the amount of $3,289.38, which includes judgment value plus costs and post—judgment taxes. The property is vacant. At this time staff is asking the City Council to adopt a resolution to approve the sale of the property listed below for the amount that has been offered. 98-31451— Lots 11 and 12, Block 988, Town of La Porte — Offer $3,289.38 (cost + taxes) RECOMMENDED MOTION I move to adopt Resolution 2019-16, to accept a bid by Samuel Schoolcraft to acquire the tax resale property described as Tract 2: Lots 11 and 12, Block 988, Town of La Porte, according to the map or plat thereof recorded in Volume 1, Page 27, Map Records of Harris County, Texas, Account No. 024-157- 000-0049. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date - RESOLUTION 2019-13 WHEREAS, the City of La Porte, La Porte Independent School District, Harris County, Harris County Education Department, Port of Houston of Harris County Authority, Harris County Flood Control District, Harris County Hospital District and San Jacinto Community College District ("Taxing Authorities") foreclosed on a property ("the property") through a delinquent tax lawsuit and judgment identified as follows: Tract 2: Lots 11 and 12, Block 988, Town of La Porte, according to the map or plat thereof recorded in Volume 1, Page 27, Map Records of Harris County, Texas. Account No. 024-157-000-0049 WHEREAS, the Taxing Authorities remain unpaid after exhausting all legal means to satisfy the collection of the delinquent taxes due and owing to the Taxing Authorities, including conducting a public auction of the propelty by the Harris County Constable whereby the property was struck off to the Taxing Authorities; and WHEREAS, being no bids for the property at the tax sale on July 6, 1999, the City of La Porte, Trustee for itself and the other Taxing Authorities, now holds the propelty in trust to secure the payment of taxes, penalties, interest and costs owed to all Taxing Authorities participating in the foreclosure judgment; and WHEREAS, the property held in trust by the City of La Porte, Trustee for itself and the other Taxing Authorities, is exempt from taxation and it is in the best interest of the Taxing Authorities to have the property returned to the active tax roll as a taxable property; and WHEREAS, the City of La Porte has received an offer of $3,289.38 from Samuel Schoolcraft to purchase the property. NOW, THEREFORE, IT IS RESOLVED AND ORDERED by the City of La Porte: That all of the above paragraphs are true, correct and in the best interest of the City of La Porte and all the other Taxing Authorities, and as such they are hereby incorporated in full and made part of this Resolution. 2. That the City of La Porte accepts the tax resale offer by Samuel Schoolcraft and authorizes the Mayor of the City of La Porte to sign and execute the deed on behalf of the City of La Porte as Trustee for itself and the other Taxing Authorities, to transfer title to the person submitting the offer to purchase the property. PASSED AND APPROVED this, the day of 2019. CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor ATTEST: APPROVED AS TO FORM: Lee Woodward, City Secretary Clark T. Askins, Assistant City Attorney LINEBARGER GOGGAN BLAIR & SAMPSON, LLP AT'roRNEYS AT LAW 4828 Loop Central Drive Suite 600 Houston, TX 77081 Main: 713.844.3400 ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit No. 98-31451, City of La Porte, Et Al vs,. H. B. Harrison; Frank W. Reynolds, Deceased Legal Description: Tract 2: Lots 11 and 12, Block 988, Town of La Porte, according to the map or plat thereof recorded in Volume 1, Page 27, Map, Records of Harris County, Texas. Account No. 024-157-000-0049 Situs Address: 0 Lurbit Ave., La Porte, TX 77571 Bidder: Samuel Schoolcraft, 522 S. 01 Street, La Porte, Tx. 77571-5036 Date of Sale: July 6, 1999 Amount of Bid: $3,289.38 Judgment Amount Due: $3,505.03 Cost of Suit: $600.00 Adjudged Value: $3,100.00 % of Judgment Amount: 80% % of Adjudged Value: 106% JUDGMENT TAX YEARS: Entity Amount Due Amount You Name Each Entity Will Receive City of La Porte(1978-1998) $1,,318.14 (38%) $1,178.00 La Porte ISD(l 978-1998) $1,513.42 (43%) $1,333.00 Harris County(1984-1998) $576.45 (16%) $496.00 San Jacinto CCD(1984-1998) $97.02 (30%) $93.00 Totals == $3,505.03 $3,100.00 POST -JUDGMENT TAX YEARS: 7_Entity Amount Due Each Entity Amount You Name (As of June 2019) Will Receive City of La Pot te(I 999) $44.52 $44.52 LaPorte ISD(1999) $103.42 $103.43 Harris County(] 999) $35.40 $35.40 San Jacinto CCD(1999) $6.03 6.03 Totals $189.38 $189.38 THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS § 11 ti K113 11 . Fff 1111] � W., V FIXOTMI I I a, WHEREAS, the City of La Porte, La Porte Independent School District, Harris County, Harris County Education Department, Port of Houston of Harris County Authority, Harris County Flood Control District, Harris County Hospital District and San Jacinto Community College District ("Taxing Authorities") foreclosed on a property ("the property") through a delinquent tax lawsuit and judgment identified as follows: Tract 2: Lots 11 and 12, Block 988, Town of La Porte, according to the map or plat thereof recorded in Volume 1, Page 27, Map Records of Harris County, Texas. Account No. 024-157-000-0049 WHEREAS, the Taxing Authorities remain unpaid after exhausting all legal means to satisfy the collection of the delinquent taxes due and owing to the Taxing Authorities, including conducting a public auction of the property by the Harris County Constable whereby the property was, struck off to the Taxing Authorities and; WHEREAS, being no bids for the property at the tax sale on July 6, 1999, the City of La Porte, Trustee for itself and the other Taxing Authorities, now holds the property in trust to secure the payment of taxes, penalties, interest and costs owed to all Taxing Authorities participating in the foreclosure judgment; WHEREAS, the property held in trust by the City of La Porte, Trustee for itself and the other Taxing Authorities, is exempt from taxation and it is in the best interest of the Taxing Authorities to have the property returned to the active tax roll as a taxable property; WHEREAS, the City of La Porte has received an offer of $3,289.38 to purchase the property from the Samuel. Schoolcraft. NOW, THEREFORE, IT IS ORDERED by the City of La Porte: I That all of the above paragraphs are true, correct and in the best interest of the City of La Porte and all the other Taxing Authorities, and as such they are hereby incorporated in full and made part of this, Resolution; 2. That the City of La Porte accepts the tax resale offer by Samuel Schoolcraft and authorizes the Mayor of the City of La Porte to sign and execute the deed on behalf of the City of La Porte as Trustee for itself and the other Taxing Authorities, to transfer title to the person submitting the offer to purchase the property. Page 1 of 2 APPROVED, PASSED AND ORDERED this the day of 2019. LOUIS R. RIGBY, MAYOR CITY OF LA PORTE F. -VO -MIN LEE WOODWARD, CITY SECRETARY CITY OF LA PORTE Page 2 of 2 Notice of confidentiality rights: If you are a natural person, you may remove or strike any or all of the following information from any instrument that transfers an interest in real property before it is filed for record in the public records: your social security number or your driver's license number. (Language pursuant to Section 11.008 of the Texas Property Code) STATE OF TEXAS X X TAX RESALE DEED COUNTY OF HARRIS X KNOW ALL MEN BY THESE PRESENTS that the CITY OF LA PORTE, TRUSTEE, for itself and LA PORTE INDEPENDENT SCHOOL DISTRICT, HARRIS COUNTY, HARRIS COUNTY EDUCATION DEPARTMENT, PORT OF HOUSTON OF HARRIS COUNTY AUTHORITY, HARRIS COUNTY FLOOD CONTROL DISTRICT, HARRIS COUNTY HOSPITAL DISTRICT AND SAN JACINTO COMMUNITY COLLEGE DISTRICT, acting through its duly elected officials (hereinafter "GRANTOR") as authorized by Section 34.05 of the Texas Property Tax Code, for and in consideration of the sum TEN DOLLARS ($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand paid by SAMUEL SCHOOLCRAFT (hereinafter "GRANTEE") the receipt of which is hereby acknowledged and confessed, has conveyed and does hereby convey unto said GRANTEE all of the right, title and interest of GRANTOR and all other taxing units interested in the tax foreclosure judgment against the property herein described, acquired by tax foreclosure sale heretofore held under Suit No, 98-31451, City of La Porte, Et Al vs. 1-1. B. HatTison; Frank W. Reynolds, Deceased in the 215"' District Court of Harris County, said property described as follows: Tract 2: Lots 11 and 12, Block 988, Town of La Porte, according to the map or plat thereof recorded in Volume 1, Page 27, Map Records of Harris County, Texas. Account No. 024-157-000- 0049 This conveyance is made and accepted subject to the following matters to the extent that the same are in effect at this time: any and all rights of redemption, restrictions, covenants, conditions, easements, encumbrances and outstanding mineral interests, if any, relating to the hereinabove described property, but only to the extent that they are still in effect and shown of record in the hereinabove mentioned county and state, and to all zoning laws, regulations and ordinances of municipal and/or other governmental authorities, if any, but only to the extent that they are still in effect and relate to the hereinabove described property. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges, and appurtenances thereto in any manner belonging unto the said GRANTEE, his heirs and assigns forever, so that neither the Grantor, nor any other taxing unit interested in said tax foreclosure judgment, nor any person claiming under it and them, shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. GRANTEE accepts the property in "AS IS, WHERE IS" condition and subject to any environmental conditions that might have or still exist on said property, and subject to any title defects and deficiencies, and also subject to the right of redemption, if any, provided under the Texas Property Tax Code. GRANTEE acknowledges and agrees that this conveyance is expressly made without warranty. Suit No. 99-31451 Page I Taxes for the 1999 tax year and also the present tax year are to be paid by GRANTEE herein. IN TESTIMONY WHEREOF, THE CITY OF LA PORTE, TRUSTEE, for itself and LA PORTE INDEPENDENT SCHOOL DISTRICT, HARRIS COUNTY, HARRIS COUNTY EDUCATION DEPARTMENT, PORT OF HOUSTON OF HARRIS COUNTY AUTHORITY, HARRIS COUNTY FLOOD CONTROL DISTRICT, HARRIS COUNTY HOSPITAL DISTRICT AND SAN JACINTO COMMUNITY COLLEGE DISTRICT HAS CAUSED THESE PRESENTS TO BE EXECUTED THIS DAY OF 2019. CITY OF LA PORTE, TRUSTEE LIN M LOUIS R. RIGBY, MAYOR CITY OF LA PORTE SAMUEL SCHOOLCRAFT, GRANTEE STATE OF TEXAS X COUNTY OF HARRIS X This instrument was acknowledged before me on this day of 2019, by Louis R, Rigby, Mayor of the City of La Porte. Printed Name: Notary Public, State of Texas My Commission Expires,: _ Suit No. 98-31451 Page 2 STATE OF TEXAS COUNTY OF HARRIS X This instrument was acknowledged bet -ore me on this day of , 2019, by Samuel Schooleraft, Grantee, Printed Name: Notary Public, State of Texas My Commission Expires: _ After recording return to: Samuel Schooleraft 522 S. 4th Street La Porte, T. 77571 Suit No. 98,-31451 Page 3 u CY ........... z Lr) 0) C)tlAl t; 0�pcat z CN C)a. W W ui N - � l--.9 -� � a a L v- -. -�g W) ..E CLC\l (D a 'E 0 Lo Bc]vgz9 LL c I - -CIS, 0 T. mo\4 zy 0. r� '0\3 18 -5'v Nb"s jD 91 0 0 30 V OV 10 61.CW' '115 Jb 'A anW, 'W' '0' H 0�,6 3nN3AV -1-13At\�joV N -10 �"" \\, �11-17rlellll"' t 15E n IZ IZ54 gi, SZ 9? -�0 PL266O,:- 1w 10 In 5d 9 SL 52 52 52 9E 1 GZ 5z r 9z—,& 9 521 SS 9 C. Qll� C?: C) i 3nN3AV J11301 HJUON ;z F, gz' 9z 9z 6g. 68 5Z 15d 681 5L SS St 5L p 5Z ce> 91 C� I 17"k-7777�, S2 Sd 5 5i GZ sz UZ 9 GZ 94 9z c" wil ui LU cl 9� G sel GZ 5Z15z.5 1�,�64Ci0 3nN3AV -1-10�MVO H18ON 3m: 0\-\- 0 UZ! '—z'. 'z �'z 4z 11 Gyp co CD, 9:,. II M1`fiypi OR 5 Sd 9Z S2 SL �j A; qz; GE; gzSL SC SZ i SL z I"' C, I ) : C� I'. i 9c]l?9z9 Nl I -J REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 9, 2019 Requested By: Ron Parker, Chief of Police Department: Police ' Report I; Resolution r- Ordinance Exhibits: 1) Speed and Intersection Traffic Control Resolution 2019-14 2) Texas Traffic Safety Program Grant Agreement Appropriation Source of Funds: Grant Fund Account Number: 03252535211020 Amount Budgeted: $44,978.00 Amount Requested: $40,970.00 Budgeted Item:; Yes" No SUMMARY The La Porte Police Department has made its annual application for the TXDOT S.T.E.P. (Selective Traffic Enforcement Program) grant concerning overtime reimbursement for Speed and Intersection Control for the fiscal year 2019-20. This will mark the tenth year for which the Department has applied for the grant. TxDOT has preliminarily approved the award and forwarded the attached grant agreement for the City Council's consideration and approval. The grant will reimburse the City up to $40,970.00, with matching contributions from the City of $11,680.55. The available hours are posted and can only be filled by staff members during hours that they are not working a regular shift. Although the grant pays only base salary, as in past years, the Police Department will continue to meet the match through administrative costs and employee benefits. RECOMMENDED MOTION I move to adopt Resolution 2019-14, authorizing the City Manager to sign the grant award and other documents for the Speed and Intersection Traffic Control STEP grant. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date RESOLUTION NO. 2019-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, AUTHORIZING THE CITY MANAGER TO SUBMIT AND EXECUTE ALL DOCUMENTS PERTAINING TO THE SPEED/ITC STEP GRANT, THROUGH THE TEXAS DEPARTMENT OF TRANSPORTION, FOR THE FISCAL YEAR 2020 WHEREAS, injuries and deaths from traffic crashes bring loss and suffering to the citizens of this community; and WHEREAS, the cost of such injuries brings economic hardship to families; and WHEREAS, the community's health care system and emergency response resources are significantly impacted by injuries of traffic crashes; and WHEREAS, research shows that speed is a causative factor in many traffic crashes; and WHEREAS, failure to obey traffic control devices, signs and signals at intersections causes many traffic crashes; and WHEREAS, the National Highway Traffic Safety Administration statistics have shown that reducing speed limit and traffic control violators prevents crashes, saves lives and reduces non-fatal injuries while resulting in economic savings to society; and WHEREAS, the Speed/Intersection Traffic Control STEP includes public education and intensified law enforcement to get the community to comply with speed limits and traffic control devices, signs and signals. NOW THEREFORE, BE IT RESOLVED that the City of La Porte authorizes the City Manager to execute all documents for the Speed/ITC STEP Grant for October 1, 2019, through September 30, 2020; joining public and private sector leaders across Texas supporting the campaign; urging all residents and visitors of La Porte to abide by traffic laws, to protect life and the quality of life in this community. PASSED AND APPROVED this, the day of 2019. CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor ATTEST: APPROVED AS TO FORM: Lee Woodward, City Secretary Clark T. Askins, Assistant City Attorney Texas Traffic Safety erants Fiscal 'Year 2020 Organization Name: City of La Porte Police Department Legal Name: City of La Porte Payee Identification Number: 17450015526045 Project Title: STEP Comprehensive ID: 2020 -LaPorte -S-1 YG-00061 Period: 10/41/2019 to 09/3012020 City of La Porte Police Department STE=P Comprehensive 2020 Texas Department Of Transportation - Traffic Safety Electronic Signature Authorization Form This form identifies the person(s) who have the authority to sign grant agreements and amendments for the Grant ID listed at the bottom of the page. Name Of Organization: City of La Porte Project Title: STEP Comprehensive Authorizing Authority The signatory of the Subgrantee hereby represents and warrants that she/he is an officer of the organization for which she/he has executed this agreement and that she/he has full and complete authority to enter into the agreement on behalf of the organization. I authorize the person(s) listed under the section "Authorized to Electronically Sign Grant Agreements and Amendments" to enter into an agreement on behalf of the organization. Name: II ----__ X X Title: CitLi MIin ITTof- Signature: Date: Under the authority of Ordinance or Resolution plumber (if applicable) Authorized to Electronically Sign Grant Agreements and Amendments List Subgrantee Administrators who have complete authority to enter into an agreement on behalf of the organization. Print Name of Subgrantee Administrator in Title T%DOT Traffic Safety eGrants T. 2. IW,4to '9 2020-LaPorte-S-1YG-00061 Printed On: 8/8/2019 Page 1 of 1 Texas Traffic Safety eGrants Fiscal Year 2020 Organization Name: City of La Porte Police Department Legal Name: City of La Porte Payee Identification Number: 17460016626006 Project Title: STEP Comprehensive ID: 2020 -LaPorte -S-1 YG-00061 Period: 10/0112010 to 0913012020 City of La Porte Police Department STEP Comprehensive 2020 TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STATE OF TEXAS THE COUNTY OF TRAVIS THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the Department and the, City of La Porte hereinafter called the Subgrantee, and becomes effective then fully executed by both parties. For the purpose of this agreement, the Subgrantee is designated as a(n) Local GovernmentlTransit District_ AUTHORITY: Texas Transportation Code, Chapter 720, the Traffic Safety Act of 1067, and the Highway Safety Performance Plan for the Fiscal Year 2020. Name of the Federal Agency_ National Highway Traffic Safety Administration CFDA Number: 20.500 CFDA Title: State and Community Highway Safety Grant Program Funding Source: Section 402 DUNS: 090804755 FAIN: 18X9204020TX20 69A37520300004020TX0 Project Title: STEP Comprehensive This project is Not Research and Development Grant Period_ This Grant becomes effective on 10/0112019 or on the date of final signature of both parties, whichever is later, and ends on 09/3012020 unless terminated or otherwise modified. Total Awarded: $52,650.55 Amount Eligible for Reimbursement by the Department: $40,970.00 Match Amount provided by the Subgrantee: $11,680.55 2020-LaPorte-S-1YG-00061 Printed On: 8/8/2019 Pagel of 30 City of La Porte Police Department STEP Comprehensive 2020 TEXAS TRAFFIC SAFETY PROGRAM] GRANT AGREEMENT The signatory of the Subgrantee hereby represents and warrants that shelhe is an officer of the organization for which shelhe has executed this agreement and that shelhe has full and complete authority to enter into this agreement on behalf of the organization. Subgrantee Signature By checking this box, I agree to use electronic signatures_ Furthermore, I confirm that I have signature authority to execute this document and it is an electronic representation of my signature for all purposes when l use it on documents, including legally binding contracts—just the same as a pen -and -paper signature_ Name_ Title_ Date: TxDOT Signature By checking this box, I agree to use electronic signatures_ Furthermore, I confirm that I have signature authority to execute this document and it is an electronic representation of my signature for all purposes when I use it on documents, including legally binding contracts just the same as a pen -and -paper signature_ Name_ Title: Date: 2020-LaPorte-S-1YG-00061 Printed On: 8/8/2019 Page 2 of 30 City of La Porte Police Department STEP Comprehensive 2020 GRANT AGREEMENT GENERAL TERMS AND CONDITIONS (Revised. 0711812019) Definitions: For purposes of these Terms and Conditions, the "Department" is also known as the "State" and the "prospective primary participant" and the "Subgrantee" is also known as the "Subrecipient" and "prospective lower tier participant" ARTICLE 1. COMPLIANCE WITH LAWS The Subgrantee shall comply with all federal, state, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Subgrantee shall furnish the Department with satisfactory proof of compliance- 06111 ompliance_ 06111IX44PA& CRI I67.1:4DITIVSiM:7:1i•Is] =V The Subgrantee assures and certifies that it will comply with the regulations, policies, guidelines, and requirements, including 2 CFR, Part 200, and the Department's Traffic Safety Program Manual, as they relate to the application, acceptance, and use of federal or state funds for this project. Also, the Subgrantee assures and certifies that: A_ It possesses legal authority to apply for the grant; and that a resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained in the application, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide any additional information that may be required. B. It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88- 352), as amended, and in accordance with that Act, no person shall discriminate, on the grounds of race, color, sex, national origin, age, religion, or disability. C. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970, as amended; 42 USC (United States Code) §§4601 et seq.; and United States Department of Transportation (USDOT) regulations, "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs," 49 CFR, Part 24, which provide for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs_ D_ Political activity (Hatch Act) (applies to subrecipients as well as States). The State will comply with provisions of the Hatch Act (5 U_S.C. 1501-1506) which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds_ E. It will comply with the federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work. F. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. G. It will give the Department the access to and the right to examine all records, books, papers, or documents related to this Grant Agreement. 2020-LaPorte-S-1YG-00001 Printed On: 8/8/2019 Page 3 of 30 City of La Porte Police Department STEP Comprehensive 2020 H. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. 1. It recognizes that many federal and state laws imposing environmental and resource conservation requirements may apply to this Grant Agreement. Some, but not ail, of the major federal laws that may affect the project include: the National Environmental Policy Act of 1969, as amended, 42 USC §§4321 et seq.; the Clean Air Act, as amended, 42 USC §§7401 et seq_ and sections of 29 USC; the Federal Water Pollution Control Act, as amended, 33 USC §§1.251 et seq_; the Resource Conservation and Recovery Act, as amended, 42 USC §§6901 et seq.; and the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 USC §§9601 et seq. The Subgrantee also recognizes that the U.S_ Environmental Protection Agency, USDOT, and other federal agencies have issued, and in the future are expected to issue, regulations, guidelines, standards, orders, directives, or other requirements that may affect this Project_ Thus, it agrees to comply, and assures the compliance of each contractor and each subcontractor, with any federal requirements that the federal government may now or in the future promulgate. J. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, 42 USC §4012a(a)_ Section 102(x) requires, on and after March 2, 1975, the purchase of flood insurance in communities where that insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards_ The phrase "federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any form of direct or indirect federal assistance. K. It will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470 et seq.), Executive Order 11593, and the Antiquities Code of Texas (National Resources Code, Chapter 191). L. It will comply with Chapter 573 of the Texas Government Code by ensuring that no officer, employee, or member of the Subgrantee's governing board or the Subgrantee's subcontractors shall vote or confirm the employment of any person related within the second degree of affinity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise that person. This prohibition shall not apply to the employment of a person described in Section 573.062 of the Texas Government Code_ M. It will ensure that all information collected, assembled, or maintained by the applicant relative to this project shall be available to the public during normal business hours in compliance with Chapter 552 of the Texas Government Code, unless otherwise expressly provided by law. N. If applicable, it will comply with Chapter 551 of the Texas Government Code, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution_ ARTICLE 3. COMPENSATION A. The method of payment for this agreement will be based on actual costs incurred up to and not to exceed the limits specified in the Project Budget_ The amount included in a Project Budget category will be deemed to be an estimate only and a higher amount can be reimbursed, subject to the conditions specified in paragraph B of this Article. If the Project Budget specifies that costs are based on a specific rate, per-unit cost, or other method of payment, reimbursement will be based on the specified method. 2020 -La Porte -S-1 YG-00061 Printed On: 8/8/2019 Page 4 of 30 City of La Porte Police Department STEP Comprehensive 2020 B. All payments will be made in accordance with the Project Budget. 1. The Subgrantee's expenditures may overrun a budget category (l, II, or III) in the approved Project Budget without a grant (budget) amendment, as long as the overrun does not exceed a total of five (5) percent of the maximum amount eligible for reimbursement (TxDOT) in the attached Project Budget for the current fiscal year. This overrun must be off -set by an equivalent underrun elsewhere in the Project Budget. 2_ If the overrun is five (5) percent or less, the Subgrantee must provide written notification to the Department, through the TxDOT Electronic Grants Management System (eGrants), prior to the Request for Reimbursement being approved. The notification must indicate the amount, the percent over, and the specific reason(s) for the overrun_ 3. Any overrun of more than five (5) percent of the amount eligible for reimbursement (TxDOT) in the attached Project Budget requires an amendment of this Grant Agreement. 4. The maximum amount eligible for reimbursement shall not be increased above the Grand Total TxDOT Amount in the approved Project Budget, unless this Grant Agreement is amended, as described in Article 5 of this agreement. 5. For Selective Traffic Enforcement Program (STEP) grants only: In the Project Budget, Subgrantees are not allowed to use underrun funds from the TxDOT amount of (100) Salaries, Subcategories A, "Enforcement," or B, "PI&E Activities," to exceed the TxDOT amount listed in Subcategory C, "Other." Also, Subgrantees are not allowed to use underrun funds from the TxDOT amount of (100) Salaries, Subcategories A, "Enforcement," or C, "Other," to exceed the TxDOT amount listed in Subcategory B, "PI&E Activities." The TxDOT amount for Subcategory B, "PI&E Activities," or C, "Other," can only be exceeded within the five (5) percent flexibility, with underrun funds from Budget Categories II or III. C. To be eligible for reimbursement under this agreement, a cost must be incurred in accordance with the Project Budget, within the time frame specified in the Grant Period of this Grant Agreement, attributable to work covered by this agreement, and which has been completed in a manner satisfactory and acceptable to the Department. D. Federal or TxDOT funds cannot supplant (replace) funds from any other sources. The term "supplanting," refers to the use of federal or TxDOT funds to support personnel or an activity already supported by local or state funds. E. Payment of costs incurred under this agreement is further governed by the cost principles outlined in 2 CFR Part 200. F. The Subgrantee agrees to submit monthly Requests for Reimbursement, as designated in this Grant Agreement, within thirty (30) days after the end of the billing period. The Request for Reimbursement and appropriate supporting documentation must be submitted through eGrants_ G. The Subgrantee agrees to submit the final Request for Reimbursement under this agreement within forty-five (45) days of the end of the grant period_ H. Payments are contingent upon the availability of appropriated funds. I. Project agreements supported with federal or TxDOT funds are limited to the length of this Grant Period specified in this Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long-range benefits, the Subgrantee may apply for funding assistance bevond the initial agreement oeriod. 2020-LaPorte-S-1YG-00061 Printed On: 8/8/2019 Page 5 of 30 City of La Porte Police Department STEP Comprehensive 2020 Preference for funding will be given to projects based on (1) proposed cost sharing and (2) demonstrated performance history. ARTICLE 4. LIMITATION OF LIABILITY Payment of costs incurred under this agreement is contingent upon the availability of funds. If at any time during this Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall notify the Subgrantee, giving notice of intent to terminate this agreement, as specified in Article 11 of this agreement_ If at the end of a federal fiscal year, the Department determines that there is sufficient funding and performance to continue the project, the Department may notify the Subgrantee to continue this agreement. ►I:a11194*1I:lIT, 14►1a]r►ll40111V This agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment in eGrants_ Any amendment must be executed by the parties within the Grant Period, as specified in this Grant Agreement. Gl:i0[+il414--w-111Ilk 0Is] IWIR 181.1419.1►IBiel:f:1►HallIZLVIGI 11 A If the Subgrantee is of the opinion that any assigned work is beyond the scope of this agreement and constitutes additional work, the Subgrantee shall promptly notify the Department in writing through eGrants. If the Department finds that such work does constitute additional work, the Department shall advise the Subgrantee and a written amendment to this agreement will be executed according to Article 5, Amendments, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. B. If the Subgrantee has submitted work in accordance with the terms of this agreement but the Department requests changes to the completed work or parts of the work which involve changes to the original scope of services or character of work under this agreement, the Subgrantee shall make those revisions as requested and directed by the Department_ This will be considered as additional work and will be paid for as specified in this Article. C. If the Subgrantee submits work that does not comply with the terms of this agreement, the Department shall instruct the Subgrantee to make any revisions that are necessary to bring the work into compliance with this agreement. No additional compensation shall be paid for this work- D_ ork D_ The Subgrantee shall make revisions to the work authorized in this agreement that are necessary to correct errors or omissions, when required to do so by the Department_ No additional compensation shall be paid for this work_ E_ The Department shall not be responsible for actions by the Subgrantee or any costs incurred by the Subgrantee relating to additional work not directly associated with or prior to the execution of an amendment_ ARTICLE 7. REPORTING AND MONITORING A_ Not later than thirty (30) days after the end of each reporting period, the Subgrantee shall submit a performance report through eGrants. Reporting periods vary by project duration and are defined as follows: 2020-LaPorte-S-1YG-00061 Printed On: 8/8/2019 Page 6 of 30 City of La Porte Police Department STEP Comprehensive 2020 1 _ For short term projects, the reporting period is the duration of the project. Subgrantee shall submit a performance report within 30 days of project completion. 2_ For longer projects, the reporting period is monthly. Subgrantee shall submit a performance report within 34 days of the completion of each project month and within 30 days of project completion. 3. For Selective Traffic Enforcement Program (STEP) Wave projects, the reporting period is each billing cycle. Subgrantee shall submit a performance report within 30 days of the completion of each billing cycle_ B_ The performance report will include, as a minimum: (1) a comparison of actual accomplishments to the objectives established for the period, (2) reasons why established objectives and performance measures were not met, if appropriate, and (3) other pertinent information, including, when appropriate, an analysis and explanation of cost underruns, overruns, or high unit costs_ C. The Subgrantee shall promptly advise the Department in writing, through eGrants, of events that will have a significant impact upon this agreement, including: 1 _ Problems, delays, or adverse conditions, including a change of project director or other changes in Subgrantee personnel, that will materially affect the ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods_ This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or federal assistance needed to resolve the situation_ 2. Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated or achieving greater performance measure output than originally projected. D. The Subgrantee shall submit the Final Performance Report through eGrants within thirty (30) days after completion of the grant. ARTICLE S. RECORDS The Subgrantee agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed under this agreement (called the "Records"), and shall make the Records available at its office for the time period authorized within the Grant Period, as specified in this Grant Agreement. The Subgrantee further agrees to retain the Records for four (4) years from the date of final payment under this agreement, until completion of all audits, or until pending litigation has been completely and fully resolved, whichever occurs last. Duly authorized representatives of the Department, the USDOT, the Office of the Inspector General, Texas State Auditor, and the Comptroller General shall have access to the Records. This right of access is not limited to the four (4) year period but shall last as long as the Records are retained_ ARTICLE 9. INDEMNIFICATION A_ To the extent permitted by law, the Subgrantee, if other than a government entity, shall indemnify, hold, and save harmless the Department and its officers and employees from all claims and liability due to the acts or omissions of the Subgrantee, its agents, or employees_ The Subgrantee also agrees, to the extent permitted by law, to indemnify, hold, and save harmless the Department from any and all expenses, including but not limited to attorney fees, all court costs and awards for damages incurred by the Department in litigation or otherwise resisting claims or liabilities as a result of any activities of the Subgrantee, its agents, or employees - 2020 -LaPorte -S-1 YG-00061 Printed On: 8/8/2019 Page 7 of 30 City of La Porte Police Department STEP Comprehensive 2020 B. To the extent permitted by law, the Subgrantee, if other than a government entity, agrees to protect, indemnify, and save harmless the Department from and against all claims, demands, and causes of action of every kind and character brought by any employee of the Subgrantee against the Department due to personal injuries to or death of any employee resulting from any alleged negligent act, by either commission or omission on the part of the Subgrantee. C_ If the Subgrantee is a government entity, both parties to this agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents. ARTICLE 10. DISPUTES AND REMEDIES This agreement supersedes any prior oral or written agreements. If a conflict arises between this agreement and the Traffic Safety Program Manual, this agreement shall govern. The Subgrantee shall be responsible for the settlement of ail contractual and administrative issues arising out of procurement made by the Subgrantee in support of work under this agreement. Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Executive Director or his or her designee acting as final referee. ARTICLE 11. TERMINATION A. This agreement shall remain in effect until the Subgrantee has satisfactorily completed all services and obligations described in this agreement and these have been accepted by the Department, unless_ 1. This agreement is terminated in writing with the mutual consent of both parties; or 2. There is a written thirty (30) day notice by either party, or 3_ The Department determines that the performance of the project is not in the best interest of the Department and informs the Subgrantee that the project is terminated immediately. B. The Department shall compensate the Subgrantee for only those eligible expenses incurred during the Grant Period specified in this Grant Agreement that are directly attributable to the completed portion of the work covered by this agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall not incur nor be reimbursed for any new obligations after the effective date of termination. ARTICLE 12. INSPECTION OF WORK A. The Department and, when federal funds are involved, the USDOT, or any of their authorized representatives, have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed under this agreement and the premises in which it is being performed. B_ If any inspection or evaluation is made on the premises of the Subgrantee or its subcontractor, the Subgrantee shall provide and require its subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties_ All inspections and evaluations shall be performed in a manner that will not unduly delay the work. 2020-LaPorte-S-1YG-00061 Printed On: 8/8/2019 Page 8 of 30 City of La Porte Police Department STEP Comprehensive 2020 ARTICLE 13. AUDIT The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under this agreement or indirectly through a .subcontract under this agreement. Acceptance of funds directly under this agreement or indirectly through a subcontract under this agreement acts as acceptance of the authority of the State Auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. ARTICLE 14. SUBCONTRACTS A subcontract in excess of $25,000 may not be executed by the Subgrantee without prior written concurrence by the Department_ Subcontracts in excess of $25,000 shall contain all applicable terms and conditions of this agreement. No subcontract will relieve the Subgrantee of its responsibility under this agreement. ARTICLE 15. GRATUITIES A. Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefit, gift, or favor from any person doing business with or who, reasonably speaking, may do business with the Department under this agreement. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the Department's Executive Director_ B_ Any person doing business with or who reasonably speaking may do business with the Department under this agreement may not make any offer of benefits, gifts, or favors to Department employees, except as mentioned here above. Failure on the part of the Subgrantee to adhere to this policy may result in termination of this agreement. ARTICLE 16. NONCOLLUSION The Subgrantee warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Subgrantee, to solicit or secure this agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this agreement. If the Subgrantee breaches or violates this warranty, the Department shall have the right to annul this agreement without liability or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover the full amount of such fee, commission, brokerage fee, contingent fee, or gift_ ARTICLE 17. CONFLICT OF INTEREST The Subgrantee represents that it or its employees have no conflict of interest that would in any way interfere with its or its employees' performance or which in any way conflicts with the interests of the Department. The Subgrantee shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the Department's interests_ ARTICLE 18. SUBGRANTEE'S RESOURCES A. The Subgrantee certifies that it presently has adequate qualified personnel in its employment to perform the work required under this agreement, or will be able to obtain such personnel from sources other than the Department. 2020-LaPorte-S-1YG-00061 Printed On: 8/8/2019 Page 9 of 30 City of La Porte Police Department STEP Comprehensive 2020 B. All employees of the Subgrantee shall have the knowledge and experience that will enable them to perform the duties assigned to there. Any employee of the Subgrantee who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project. C. Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, supplies, and other resources required to perform the work. ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT The Subgrantee shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to this agreement in accordance with its own procurement and property management procedures, provided that the procedures are not in conflict with (1) the Department's procurement and property management standards and (2) the federal procurement and property management standards provided by 2 CFR §§ 200.310-.316, 200 -318 -.324 - ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY Upon completion or termination of this Grant Agreement, whether for cause or at the convenience of the parties, all finished or unfinished documents, data, studies, surveys, reports, maps, drawings, models, photographs, etc_ prepared by the Subgrantee, and equipment and supplies purchased with grant funds shall, at the option of the Department, become the property of the Department. All sketches, photographs, calculations, and otherdata prepared under this agreement shall be made available, upon request, to the Department without restriction or limitation of their further use. A_ Intellectual property consists of copyrights, patents, and any other form of intellectual property rights covering any databases, software, inventions, training manuals, systems design, or other proprietary information in any form or medium. B. All rights to Department. The Department shall own all of the rights (including copyrights, copyright applications, copyright renewals, and copyright extensions), title and interests in and to all data, and other information developed under this contract and versions thereof unless otherwise agreed to in writing that there will be joint ownership. C_ All rights to Subgrantee_ Classes and materials initially developed by the Subgrantee without any type of funding or resource assistance from the Department remain the Subgrantee's intellectual property_ For these classes and materials, the Department payment is limited to payment for attendance at classes_ ARTICLE 21. SUCCESSORS AND ASSIGNS The Department and the Subgrantee each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of the other party in respect to all covenants of this agreement_ The Subgrantee shall not assign, sublet, or transfer interest and obligations in this agreement without written consent of the Department through eGrants. ARTICLE 22. CIVIL RIGHTS COMPLIANCE A. Compliance with regulations: The Subgrantee shall comply with the regulations relative to nondiscrimination in federally -assisted programs of the United States Department of Transportation 2020-LaPorte-S-1YG-00061 Printed On: 8/8/2019 Page 10 of 30 City of La Porte Police Department STEP Comprehensive 2020 (USDOT): 49 CFR, Part 21; 23 CFR, Part 200, and 41 CFR, Parts 60-74, as they may be amended periodically (called the "Regulations")_ The Subgrantee agrees to comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented by the U.S. Department of Labor regulations (41 CFR, Part 60). B_ Nondiscrimination: (applies to subrecipients as well as States) The State highway safety agency will comply with all f=ederal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include but are not limited to- . Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 76 stat_ 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21; . The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); . Federal -Aid Highway Act of 1973, (23 U.S-C. 324 et seq.), and Title IK of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq-), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; . The Age Discrimination Act of 1975, as amended, (42 U.S.C_ 6101 et seq-), (prohibits discrimination on the basis of age); . The Civil Rights Restoration Act of 1987 , (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally -funded or not)- . Titles If and 111 of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38, . Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); and • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR 74087-74100). The State highway safety agency - Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally -assisted; Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non -Discrimination Authorities identified in this Assurance: 2020-LaPorte-S-1YG-00061 Printed On: 8/8/2019 Page 11 of 30 City of La Porte Police Department STEP Comprehensive 2020 . Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority; . Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non -Discrimination Authorities and this Assurance, Agrees to insert in all contracts and funding agreements with other State or private entities the following clause: "During the performance of this contractlfuriding agreement, the contractor/funding recipient agrees - a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time, b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA, d That, in event a contractor/finding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies, and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and e. To insert this clause, including paragraphs (a) through (e), in every subcontract and subagreement and in every solicitation for a subcontract or sub -agreement, that receives Federal funds under this program_ C. Solicitations for subcontracts, including procurement of materials and equipment: In all solicitations either by competitive bidding or negotiation made by the Subgrantee for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the Subgrantee of the Subgrantee`s obligations under this agreement and the regulations relative to nondiscrimination on the grounds of race, color, sex, national origin, age, religion, or disability. D_ Information and reports: The Subgrantee shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Department or the USDOT to be pertinent to ascertain compliance with the Regulations or directives_ Where any information required of the Subgrantee is in the exclusive possession of another who fails or refuses to furnish this information, the Subgrantee shall certify that to the Department or the USDOT, whichever is appropriate, and shall set forth what efforts the Subgrantee has made to obtain the requested information. F. Sanctions for noncompliance: In the event of the Subgrantee's noncompliance with the nondiscrimination provision of this agreement, the Department shall impose such sanctions as it or the USDOT may determine to be appropriate_ F_ Incorporation of provisions: The Subqrantee shall include the provisions of paragraphs A. through 2020-LaPorte-S-1YG-00061 Printed On: 8/8/2019 Page 12 of 30 City of La Porte Police Department STEP Comprehensive 2020 E. in every subcontract, including procurements of materials and leases of equipment, unless exempt by the regulations or directives_ The Subgrantee shall take any action with respect to any subcontract or procurement that the Department may direct as a means of enforcing those provisions, including sanctions for noncompliance_ However, in the event a Subgrantee becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may request the Department to enter into litigation to protect the interests of the state; and in addition, the Subgrantee may request the United States to enter into such litigation to protect the interests of the United States_ ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE (QBE) PROGRAM A_ The parties shall comply with the DBE Program requirements established in 49 CFR Part 26 B_ The Subgrantee shall adopt, in its totality, the Department's federally approved DBE program C_ The Subgrantee shall set an appropriate DBE goal consistent with the Department's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Subgrantee shall have final decision- making authority regarding the DBE goal and shall be responsible for docurnenting its actions_ D. The Subgrantee shall follow all other pails of the Department's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally -Approved Disadvantaged Business Enterprise by Entity and attachments found at web address httra:;lsnnvtftr txdot.00v+ DLisir�ess�raarinershir7s/dbe.html E_ The Subgrantee shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Bart 26. The Subgrantee shall take all necessary and reasonable steps under 49 CFR Part 28 to ensure non-discrimination in award and administration of USDOT-assisted contracts_ The Department's DBE program, as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Subgrantee of its failure to carry out its approved program, the Department may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer - the matter for enforcement under 18 USC 1001 and the Program Fraud Civil Remedies Act of 1986 (31 USC 3801 et seq.). F_ Each contract the Subgrantee signs with a contractor (and each subcontract the prime contractor signs with a sub -contractor) must include the following assurance: The contractor, sub -recipient, or sub -contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts_ Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate_ ARTICLE 24. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (applies to subrecipients as well as States) Instructions for Primary Tier Participant Certification (States) 1 _ By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2020 -LaPorte -S-1 YG-00061 Printed On: 8/8/2019 Page 13 of 30 City of La Porte Police Department STEP Comprehensive 2020 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 1 The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment. 4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200_ You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. G. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Pail 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction_ 7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification , in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions_ To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https:tlwww_sam_govl). 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause_ The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10_ Except for transactions authorized under paragraph 0 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or 2020 -LaPorte -S-1 YG-00061 Printed On: 8/8/2019 Page 14 of 30 City of La Porte Police Department STEP Comprehensive 2020 voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regar'dina Debara)ent, Suspension, aad father ReMonsibilitV Matters -Primary Tier Covered Transactions (1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against therm for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal - Instructions for Lower Tier Participant Certification, 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into, If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5_ The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered 2020 -LaPorte -S-1 YG-00061 Printed On: 8/8/2019 Page 15 of 30 City of La Porte Police Department STEP Comprehensive 2020 transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 0_ The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200- 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/). 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lmver Ter Covered Transactions: 1 _ The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency_ 2_ Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal - ARTICLE 25. CERTIFICATION REGARDING FEDERAL LOBBYING (applies to subrecipients as well as States) Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, 2020-LaPorte-S-1YG-00061 Printed On: 8/5/2019 Page 16 of 30 City of La Porte Police Department STEP Comprehensive 2020 renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subreeipients shall certify and disclose accordingly - This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. AR71CLE 26. CHILD SUPPORT CERTIFICATION Under Section 231.006, Texas Family Code, the Subgrantee certifies that the individual or business entity named in this agreement is not ineligible to receive the specified grant, loan, or payment and acknowledges that this agreement may be terminated and payment may be withheld if this certification is inaccurate. If the above certification is shown to be false, the Subgrantee is liable to the state for attorney's fees and any other damages provided by law or the agreement_ A child support obligor or business entity ineligible to receive payments because of a payment delinquency of more than thirty (30) days remains ineligible until. all arrearages have been paid, the obligor is in compliance with a written repayment agreement or court order as to any existing delinquency, or the court of continuing jurisdiction over the child support order has granted the obligor an exemption from Subsection (a) of Section 231.006, Texas Family Code, as part of a covet -supervised effort to improve earnings and child support payments_ ARTICLE 27. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT REQUIREMENTS A_ Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act and implementing regulations at.2 CFR Part 170, including Appendix A_ This agreement is subject to the following award terms= http7:'iedocket.access.cgpo.govi20l Gipdfi2Ol O-2270 -pdf and Iittp7iiedocket-access_gpo.gov'2010ipdf.+2010-22706.pclf . B. The Subgrantee agrees that it shall: 1. Obtain and provide to the State a System for Award Management (SAM) number (48 CFR subpt. 4.11) if this award provides for more than $25,000 in Federal funding. The SAM number may be obtained by visiting the SAM web -,site at: https_11www_sam.gov 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine -character number that allows the Federal government to track the distribution of federal money_ The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website http:i!'feciclov.dnb.coniik�iebform; __J 2020-LaPorte-S-1YG-00061 Printed On: 8/8/2019 Page 17 of 30 City of La Porte Police Department STEP Comprehensive 2020 ariu 3. Report the total compensation and names of its top five (5) executives to the State if: i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000, and ii. The compensation information is not already available through reporting to the U.S_ Securities and Exchange Commission. ARTICLE 28. SINGLE AUDIT REPORT A_ The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in 2 CFR Part 200. B_ If threshold expenditures of $750,000 or more are met during the Subgrantee's fiscal year, the Subgrantee must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Audit Office, 125 East 11 th Street, Austin, TQC 78701 or contact TxDOT's Audit Office at singleauditst txdot.7oy C_ If expenditures are less than $750,000 during the Subgrantee's fiscal year, the Subgrantee must submit a statement to TxDOT's Audit Office as follows: "We did not meet the $750,000 expenditure threshold and therefore, are not required to have a single audit performed for FY 11 D. For each year the project remains open for federal funding expenditures, the Subgrantee will be responsible for filing a report or statement as described above_ The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year_ ARTICLE 29. BUY AMERICA ACT (applies to subrecipients as well as States) The State and each subrecipient will comply with the Buy America requirement (23 U_S_C_ 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation. ARTICLE 30. RESTRICTION ON STATE LOBBYING (applies to subrecipients as well as States) None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g_, "grassroots") lobbying activities, with one exception_ This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. ARTICLE 31. NONGOVERNMENTAL ENTITY'S PUBLIC INFORMATION (This article applies only to non-profit entitles.) 2020 -LaPorte -S-1 YG-00061 Printed On: 8/8/2019 Page 18 of 30 City of La Porte Police Department STEP Comprehensive 2020 The Subgrantee is required to make any information created or exchanged with the Department pursuant to this Grant Agreement and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the Department. [S13-1368, 83rd Texas Legislature, Regular Session, Effective 911113] ARTICLE 32. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to subrecipients as well as States) The State and each subrecipient will not use 23 U_S.C_ Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. ARTICLE 33. INTERNAL ETHICS AND COMPLIANCE PROGRAM Subgrantee shall comply with Title 43 Texas Administrative Code §25.9W(b). Subgrantee certifies it has adopted an internal ethics and compliance program that satisfies the requirements of Title 43 Texas Administrative Code §10.51 (relating to Internal Ethics and Compliance Program)_ Subgrantee shall enforce compliance with that program. 2020 -La Porte -S-1 YG-00061 Printed On: 8/8/2019 Page 19 of 30 City of La Porte Police Department STEP Comprehensive 2020 FOR REVIEW ONLY - NOT A LEGAL DOCUMENT RESPONSIBILITIES OF THE SUBGRANTEE A_ Carry out all performance measures established in the grant, including fulfilling the law enforcement objectives by implementing the Operational Plan contained in this Grant Agreement_ B_ Submit all required reports to the Department (TxDOT) fully completed with the most current information, and within the required times, as defined in Article 3 and Article 7 of the General Terms and Conditions of this Grant Agreement. This includes reporting to the Department on progress, achievements, and problems in monthly Performance Reports and attaching necessary source documentation to support all costs claimed in Requests for Reimbursement (RFR)- C. Attend grant related training as requested by the Department D_ Attend meetings according to the following: 1. The Department will arrange for meetings with the Subgrantee to present status of activities and to discuss problems and the schedule for grant related activities_ 2_ The project director or other appropriate qualified persons will be available to represent the Subgrantee at meetings requested by the Department. E. Support grant enforcement efforts with public information and education (PIKE) activities. Salaries being claimed for PRE activities must be included in the budget_ F. For out of state travel expenses to be reimbursable, the Subgrantee must have obtained the written approval of the Department, through eGrants system messaging, prior to the beginning of the trip_ Grant approval does not satisfy this requirement - G_ Maintain verification that all expenses, including wages or salaries, for which reimbursement is requested, is for work exclusively related to this project_ H_ Ensure that this grant will in no way supplant (replace) funds from other sources Supplanting refers to the use of federal funds to support personnel or any activity already supported by local or state funds. I_ Ensure that each officer working on the STEP project will complete an officer's daily activity report form_ The form should include at a minimum: name, date, badge or identification number, type of grant worked, Enforcement Zone identifier, mileage (including starting and ending mileage), hours worked, type of warning or citation issued or arrest made, officer and supervisor signatures_ J_ All STEP agencies must provide the following provision in all daily activity report forms: "I understand thatthis information is being submitted to support a claim against a federally- fiFnrlPrl nrnnt nrnnrarn Fnlczp Qtntpmantcz nn this fnrm rnpu ho nrncPm 1-nhlP iinripr 1R I Ifif' 2020-LaPorte-S-1YG-00061 Printed On: 8/8/2019 Page 20 of 30 City of La Porte Police Department STEP Comprehensive 2020 I LAI LL_I1 U \j I "I IL V1 V1 j. 1 LAI l l_ [ UN- JLLAL4 [ I I L I ILJ VI [ LI I I J I VI 114 1 1 1 [ y V4_. V1 VJLLtJ[L.i 1.114 IAI I+ l FV VV S..I 1001- This information on this form is true, correct, and complete to the best of my knowledge and ability_" The above language should be added to the activity reports immediately above the signature lines of the officer and supervisor_ K_ Ensure that no officer above the rank of Lieutenant (or equivalent title) will be reimbursed for enforcement duty unless the Subgrantee received specific written authorization from the Department, through eGrants system messaging, prior to incurring costs_ L_ If an officer makes a STEP -related arrest during the shift, but does not complete the arrest before the shift is scheduled to end, the officer can continue working under the grant to complete that arrest_ M_ The Subgrantee should have a safety belt use policy. If the Subgrantee does not have a safety belt use policy in place, a policy should be implemented, and a copy maintained for verification during the grant year_ N_ Officers working DWI enforcement must be trained in the National Highway Traffic Safety AdministrationfInternational Association of Chiefs of Police Standardized Field Sobriety Testing (SFST). In the case of a first year subgrantee, the officers must be trained, or scheduled to be SFT trained, by the end of the grant year. For second or subsequent year grants, all officers working DWI enforcement must be SFST trained_ O. The Subgrantee should have a procedure in place for contacting and using drug recognition experts (DBEs) when necessary. P. The Subgrantee is encouraged to use the DWI On-line Reporting System available through the Buckle Up Texas Web site at wv.fw_buckleuptexas.com_ Revised: 11#0712017 2020-LaPorte-S-1YG-00061 Printed On: 8/8/2019 Page 21 of 30 City of La Porte Police Department STEP Comprehensive 2020 FOR REVUW ONLY - NOT A LEGAL DOCUMENT RESPONSIBILITIES OF THE DEPARTMENT A. Monitorthe Subgrantee's compliance with the performance obligations and fiscal requirements of this Grant Agreement using appropriate and necessary monitoring and inspections, including but not limited to: 1. review of periodic reports 2. physical inspection of project records and supporting documentation 3_ telephone conversations 4_ e-mails and letters 5. quarterly review meetings 6. eGrants B. Provide program management and technical assistance. C_ Attend appropriate meetings. D_ Reimburse the Subgrantee for all eligible costs as defined in the project budget. Requests for Reimbursement will be processed up to the maximum amount payable as indicated in the project budget_ E. Perform an administrative review of the project at the close of the grant period to: 1 _ Ascertain whether or not the project objectives were met 2. Review project accomplishments (performance measures completed, targets achieved) 3_ Account for any approved Program Income earned and expended 4. Identify exemplary performance or best practices 2020 -LaPorte -S-1 YG-00061 Printed On: 8/8/2019 Page 22 of 30 City of La Porte Police Department STEP Comprehensive 2020 FOR RENIEW ONLY - NOT A LEG.4L DOCU _-ENT GOALS AND STRATEGIES Goal: To increase effective enforcement and adjudication of traffic safety-related laws to reduce crashes, fatalities, and injuries_ Strategies: Increase and sustain high visibility enforcement of traffic safety-related laws_ Increase public education and information campaigns regarding enforcement activities. Goal: To reduce the number of alcohol impaired and driving under the influence of alcohol and other drug-related crashes, injuries, and fatalities. Strategy: Increase and sustain high visibility enforcement of DWI laws. Goal: To increase occupant restraint use in all passenger vehicles and trucks - Strategy: Increase and sustain high visibility enforcement of occupant protection laws_ Goal: To reduce the number of speed -related crashes, injuries, and fatalities_ Strategy: Increase and sustain high visibility enforcement of speed -related laws_ Goal: To reduce intersection -related motor vehicle crashes, injuries, and fatalities - Strategy: Increase and sustain high visibility enforcement of Intersection Traffic Control gy' (ITC) laws. Goal: To reduce Distracted Driving motor vehicle crashes, injuries, and fatalities. Strategies: Increase and sustain high visibility enforcement of state and local ordinances on celluar and texting devices. Increase public information and education on Distracted Driving related traffic issues_ agree to the above goals and strategies - 2020 -LaPorte -S-1 YG-00061 Printed On: 8/8/2019 Page 23 of 30 City of La Porte Police Department STEP Comprehensive 2020 FOR REi'3EW ONLY _ NOT A LEGAL DOCUI4IENT BASELINE INFORA'iATIQN Baseline Definition: A number serving as a foundation for subgrantees to measure pre -grant traffic enforcement activity_ Baseline information must be provided by the subgrantee in order to identify local traffic enforcement related activity. This information should exclude any activity generated with STEP grant dollars. Once the baseline is established. these figures will be used to compare subsequent year's local and grant traffic enforcement activity_ Note: Baseline data used must be no older than 2017. Baseline Year (12 months) Baseline Measure Driving Under Influence (DUI) Speed Safety Belt Child Safety Seat Intersection Traffic Control (ITC) Distracted Driving Citations Other Elements From 101V2017 To 9/30/2018 Arrests/Citations Written earnings KA Crashes 201 0 4 1802 498 0 31 18 2 17 0 275 45 4 0 9 0 4328 437 0 If you have additional attachments, provide them on the "Attachments" page - 2020 -LaPorte -S-1 YG-00061 Printed On: 8/8/2019 Page 24 of 30 City of La Porte Police Department STEP Comprehensive 2020 LAN' ENFORCEIIIENT OBJECTI T/PERFORA1 AN CE MEASURE Objective/Performance Measure Target Number Not Applicable Reduce the number of brit ing Linder Influence (DUI) 3 crashes to Reduce the number of Speed -related crashes to 1 Reduce the number of Safety Belt -related crashes to 0 Reduce the number of Chdd Safety Seat -related crashes to 0 Reduce the number of I`F'C-related crashes to 4 Reduce the number of Distracted Drip' ng -related crashes to X Number of Enforcement Hours 749 Note: Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a peace officer issue a specified or predetermined number of citations in pursuance of the Subgrantee's obligations hereunder. Department and Subgrantee acknowledge that Texas Transportation Code Section 720.002 prohibits using traffic -offense quotas and agree that nothing in this Agreement is establishing an illegal quota. In addition to the STEP enforcement activities, the subgrantee must maintain baseline nou- STEP funded citation and arrest activity due to the prohibition of supplanting. 2020-LaPorte-S-1YG-00061 Printed On: 8/8/2019 Page 25 of 30 City of La Porte Police Department STEP Comprehensive 2020 FOR %,UW ONLY - NOT A LEGAL, DOC'UNIENT P[&E OBJECTIVEIPERPORMANCE MEASURE Objectives/Performance Measure Target Number Support Grant efforts with a public information and education (PI&E) program a. Conduct presentations 5 b. Conduct media exposures (e.g. news conferences, news releases, and 5 interviews) c_ Conduct community events (e.g. health fairs, booths) 2 2020-LaPorte-S-1YG-00061 Printed On: 8/8/2019 Page 26 of 30 City of La Porte Police Department STEP Comprehensive 2020 FOR REVIEW ONLY - NOT A LEGAL DOC TENT OPERejiTIONAL PLAN Zone Name : Zone 1 Zone Location : State Hwy 146 from Northern City Limits to Southern City Limits_ Zone Hours : Zone Heat Map: (attach) https.'/iNNr-%v_dot_state.tx.us!apps/egrantsi_Lpload/887005-Zone l_pdf 2020-LaPorte-S-1YG-00061 Printed On: 8/8/2019 Page 27 of 30 City of La Porte Police Department STEP Comprehensive 2020 FOR REVIEW ONLY - NOT A LEGAL IIOCLI'IENT OPERATIONAL PLAN Zone Name: Zone 2 From Sens Rd (name changes to Bay Blvd) and State H-,vy 225 South to Fairmont Pkwy_ Zone Fairmont Pkwy. Fast to 15th St. 16th St South to Wharton Weems. Wharton Weems to State Hwy 146_ State H}Ny 146 to McCabe_ McCabe to S_ Broadway. S_ Broadway to Location: Barbours Cut. Barbours Cut to State Hivy 146. State Hwy 146 to State H-,Ny 225. State Hwy 225 to Sens Rd. Zane Hours Zone Heat Map : httpsY/Nv%v%N=_dot_state_tx:us}apps!egrants�_Upload1887006-Zone2_pdf (attach) 2020 -LaPorte -S-1 YG-00061 Printed On: 8/8/2019 Page 28 of 30 City of La Porte Police Department STEP Comprehensive 2020 FOR REVIEW ONLY - NOT A LEGAL DOCUMENT OPERATIONAL PLA` Zone Natne : Zone 3 Zone From Underwood and P Street to Spencer Hwy. Spencer Fix%y to Luella_ Luella to Fairmont Pkwy. Fairmont Pkwy Fast to Bay Area BhFd. Bay Area Blvd (road name Location : changes to Sens Rd_) North to P Street_ P Street West to Undenwood_ Zone Hours Zone Heat Map : https:flNviv%N,-dot_state.ix.usIappslegrantsl �Upload/887008-Zone3_pdf (attach) 2020-LaPorte-S-1YG-00061 Printed On: 8/8/2019 Page 29 of 30 City of La Porte Police Department STEP Comprehensive 2020 FOR REVIEW ONLY - NOT A LEGAL DOCUM ENT BUDGET SUMMARY Budget Category T%DOT Match Total — �Category I - Labor Casts F(100) Salaries: $40,970.00 $0 $40,97000 (200) —I [ Fringe Benefits: $0_ --- $11,680.55 mm — — -__ Sub -Total: $40,970.OQ $1"1,680.55 $52,G50.55 _ �T--------------- �--____ �------�--- �Category I! -Other direct Costs.__. (300) [Travel- -- F — $a � -so-- $© $o o) 1(4()Equipment: $0F $0 $0 (500} [Su_PPl1e-q_--_F� $Q ( 600 rCo­rn_t__ ractual vices:F $a �-- F $0 ( 700 F O#her Miscellaneous: $0 $0 $0 - [- sub -Total; �_____- $o fso- I II r $a Total Direct Costs: $40,970.00 $11,680.55 F----$52,650.55 Category III - Indirect Costs (800) Indirect Cost Rate: $n $0 $Q - Summary Total Labor Casts- $40,970.00 $11,680.55F $52,650.55 Total Direct $0 $0 $a Costs: F�__Tota! Indirect Costs: - $0 $a $0 Grand Total $40,970_00 --- $11,680.55 I $52,650.55 Fund Sources (Percent _F 77-81% 22.19% Share): Salary and cost rates will be based on the rates submitted by the Subgrantee in its grant application in Egrants. 2020-LaPorte-S-1YG-00061 Printed On: 8/8/2019 Page 30 of 30 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 9, 2019 Requested By: Ron Parker, Chief of Police Department: Police ' Report I; Resolution r- Ordinance Exhibits: 1) Speed and Intersection Traffic Control Resolution 2019-15 2) Texas Traffic Safety Program Grant Agreement Appropriation Source of Funds: Grant Fund Account Number: 03252535211020 Amount Budgeted: $12,000.00 Amount Requested: $11,960.00 Budgeted Item:; Yes" No SUMMARY The La Porte Police Department has made its annual application for the TxDOT S.T.E.P. (Selective Traffic Enforcement Program) CMV (Commercial Motor Vehicles) grant concerning overtime reimbursement for Commercial Motor Vehicle enforcement for the fiscal year 2019- 20. This will mark the second year for which the Department has applied for the grant. TxDOT has preliminarily approved the award and forwarded the attached grant agreement for the City Council's consideration and approval. The grant will reimburse the City up to $11,960.00 with matching contributions from the City of $3,409.80. The available hours are posted and can only be filled by staff members during hours that they are not working a regular shift. Although the grant pays only base salary, as in past years, the Police Department will continue to meet the match through administrative costs and employee benefits. RECOMMENDED MOTION I move to adopt Resolution 2019-15 authorizing the City Manager to sign the grant award and other documents for the Commercial Motor Vehicle STEP grant. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date Texas Traffic Safety eGrants Fiscal Year 2420 Organization Name: City of La Pete Police Department Legal Name: City of La Porte Payee Identification Number: 17460015526006 Project Title: STEP CMV ID: 2020-LaPorte--CMV-00021 Period: 10101/2019 to 0013012020 City of La Porte Police Department STEP CMV 2020 Texas Department Of Transportation - Traffic Safety Electronic Signature Authorization Form This form identifies the person(s) who have the authority to sign grant agreements and amendments for the Grant ID listed at the bottom of the page_ Name of Organization: City of La Porte Project Title: STEP CMV .uthorizing Authority he signatory of the Subgrantee hereby represents and warrants that shefhe is an officer of ie organization for which she/he has executed this agreement and that she/he has full and omplete authority to enter into the agreement on behalf of the organization- I authorize the erson(s) listed under the section "Authorized to Electronically Sign Grant Agreements and ,mendments" to enter into an agreement on behalf of the organization. Name: t -K Title: -- C - /its Signature: Date: Under the authority of Ordinance or Resolution Number (if applicable) Authorized to Electronically Sign Grant Agreements and Amendments List Subgrantee Administrators who have complete authorityto enter into an agreement on behalf of the organization. Print Name of Subgrantee .Administrator in Title TOOT Traffic Safety eOrants - -- iM ►^-c u s -C-_. c,%._t,4r-v 1- z. --------------- �r-�3. . 2020 -LaPorte -S -CMV -00021 Printed On: 8/8/2019 Page 1 of 1 Texas Traffic Safety eGrants Fiscal Year 2020 Organization Name: City of La Porte Police Department Legal Name: City of La Parte Payee Identification Number: 17460016626006 Project Title: STEP CMV ID: 2020 -LaPorte -S -CMV -00021 Period: 10/0112019 to 0913012020 City of La Porte Police Department STEP CMV 2020 TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STATE OF TEXAS THE COUNTY OF TRAVIS THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the Department and the, City of La Porte hereinafter called the Subgrantee, and becomes effective then fully executed by both parties_ For the purpose of this agreement, the Subgrantee is designated as a(n) Local Government/Transit District_ AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and the Highway Safety Performance Plan for the Fiscal Year 2020_ Name of the Federal Agency: National Highway Traffic Safety Administration CFDA Number 20.600 CFDA Title: State and Community Highway Safety Grant Program Funding Source: Section 402 DUNS: 010804766 FAIN: 6QA37520300004020TXO Project Title: STEP CMV This project is Not Research and Development Grant Period: This Grant becomes effective on 1010112019 or on the date of final signature of both parties, whichever is later, and ends on 0913012020 unless terminated or otherwise modified. Total Awarded: $15,369.80 Amount Eligible for Reimbursement by the Department: $11,960.00 Match Amount provided by the Subgrantee: $3,409.80 2020 -LaPorte -S -CMV -00021 Printed On: 8/8/2019 Page 1 of 29 City of La Porte Police Department STEP CMV 2020 TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT The signatory of the Subgrantee hereby represents and warrants that she/he is an officer of the organization for which she/he has executed this agreement and that she/he has full and complete authority to enter into this agreement on behalf of the organization_ Subgrantee Signature By checking this box, I agree to use electronic signatures. Furthermore, I confirm that I have signature authority to execute this document and it is an electronic representation of my signature for all purposes when I use it on documents, including legally binding contracts just the same as a pen -and -paper signature. Name: Title_ Date- TxDOT Signature By checking this box, I agree to use electronic signatures. Furthermore, I confirm that 1 have signature authority to execute this document and it is an electronic representation of my signature for all purposes when I use it on documents, including legally binding contracts just the same as a pen -and -paper signature. Name: Title: Date: 2020 -LaPorte -S -CMV -00021 Printed On: 8/8/2019 Page 2 of 29 City of La Porte Police Department STEP CMV 2020 GRANT AGREEMENT GENERAL TERMS AND CONDITIONS (Revised.07198/2099) Definitions_ For purposes of these Terms and Conditions, the "Department" is also known as the „State" and the "prospective primary participant" and the "Subgrantee" is also known as the "Subrecipient" and "prospective lower tier participant" ARTICLE 1. COMPLIANCE WITH LAWS The Subgrantee shall comply with all federal, state, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this agreement, including, without limitation, workers' compensation laves, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations_ When required, the Subgrantee shall furnish the Department with satisfactory proof of compliance. ARTICLE 2. STANDARD ASSURANCES The Subgrantee assures and certifies that it will comply with the regulations, policies, guidelines, and requirements, including 2 CFR, Part 200; and the Department's Traffic Safety Program Manual, as they relate to the application, acceptance, and use of federal or state funds for this project. Also, the Subgrantee assures and certifies that: A. It possesses legal authority to apply for the grant; and that a resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained in the application, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide any additional information that may be required. 8. It and its subcontractors will comply with Title VI of the Civil Rights Act of 1984 (Public Law 88- 352), as amended, and in accordance with that Act, no person shall discriminate, on the grounds of race, color, sex, national origin, age, religion, or disability. C. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970, as amended, 42 USC (United States Code) §§4601 et seq.; and United States Department of Transportation (USDOT) regulations, "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs," 49 CFR, Part 24, which provide for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs_ D. Political activity (Hatch Act) (applies to subrecipients as well as States). The State will comply with provisions of the Hatch Act (5 U.S.C_ 1501-1508) which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. F_ It will comply with the federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work. F. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. G. It will give the Department the access to and the right to examine all records, books, papers, or documents related to this Grant Agreement. 2020 -LaPorte -S -CMV -00021 Printed On: 8/8/2019 Page 3 of 29 City of La Porte Police Department STEP CMV 2020 H- It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements- I- It recognizes that many federal and state laws imposing environmental and resource conservation requirements may apply to this Grant Agreement. Some, but not all, of the major federal laws that may affect the project include: the National Environmental Policy Act of 1969, as amended, 42 USC §§4321 et seq.; the Clean Air Act, as amended, 42 USC §§7401 et seq- and sections of 29 USC; the Federal Water Pollution Control Act, as amended, 33 USC §§1251 et seq-; the Resource Conservation and Recovery Act, as amended, 42 USC §§6901 et seq-; and the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 USC §§9601 et seq- The Subgrantee also recognizes that the U.S. Environmental Protection Agency, USDOT, and other federal agencies have issued, and in the future are expected to issue, regulations, guidelines, standards, orders, directives, or other requirements that may affect this Project- Thus, it agrees to comply, and assures the compliance of each contractor and each subcontractor, with any federal requirements that the federal government may now or in the future promulgate. S It will comply with the flood insurance purchase requirements of Section 102(x) of the Flood Disaster Protection Act of 1973, 42 USC §4012a(a). Section 102(x) requires, on and after March 2, 1975, the purchase of flood insurance in communities where that insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards- The phrase "federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any form of direct or indirect federal assistance. K- It will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (1£ USC 470 et seq.), Executive Order 11593, and the Antiquities Code of Texas (National Resources Code, Chapter 191)- L. It will comply with Chapter 573 of the Texas Government Code by ensuring that no officer, employee, or member of the Subgrantee`s governing board or the Subgrantee's subcontractors shall vote or confirm the employment of any person related within the second degree of affinity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise that person. This prohibition shall not apply to the employment of a person described in Section 573-062 of the Texas Government Code. M. It will ensure that all information collected, assembled, or maintained by the applicant relative to this project shall be available to the public during normal business hours in compliance with Chapter 552 of the Texas Government Cade, unless otherwise expressly provided by law. N. If applicable, it will comply with Chapter 551 of the Texas Government Code, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution - ARTICLE 3. COMPENSATION A- The method of payment for this agreement will be based on actual costs incurred up to and not to exceed the limits specified in the Project Budget. The amount included in a Project Budget category will be deemed to be an estimate only and a higher amount can be reimbursed, subject to the conditions specified in paragraph B of this Article- If the Project Budget specifies that costs are based on a specific rate, per-unit cost, or other method of payment, reimbursement will be based on the specified method. 2020 -LaPorte -S -CMV -00021 Printed On: 8/8/2019 Page 4 of 29 City of La Porte Police Department STEP CMV 2020 B_ All payments will be made in accordance with the Project Budget. 1. The Subgrantees expenditures may overrun a budget category (1, II, or III) in the approved Project Budget without a grant (budget) amendment, as long as the overrun does not exceed a total of five (5) percent of the maximum amount eligible for reimbursement (TxDOT) in the attached Project Budget for the current fiscal year. This overrun must be off -set by an equivalent underrun elsewhere in the Project Budget. 2_ If the overrun is five (5) percent or less, the Subgrantee must provide written notification to the Department, through the TxDOT Electronic Grants Management System (eGrants), prior to the Request for Reimbursement being approved. The notification must indicate the amount, the percent over, and the specific reason(s) for the overrun. 3. Any overrun of more than five (5) percent of the amount eligible for reimbursement (TxDOT) in the attached Project Budget requires an amendment of this Grant Agreement, 4_ The maximum amount eligible for reimbursement shall not be increased above the Grand Total TxDOT Amount in the approved Project Budget, unless this Grant Agreement is amended, as described in Article 5 of this agreement. 5. For Selective Traffic Enforcement Program (STEP) grants only: In the Project Budget, Subgrantees are not allowed to use underrun funds from the TxDOT amount of (100) Salaries, Subcategories A, "Enforcement," or B, 'PI&E Activities," to exceed the TxDOT amount listed in Subcategory C, "Other." Also, Subgrantees are not allowed to use underrun funds from the TxDOT amount of (100) Salaries, Subcategories A, "Enforcement," or C, "Other," to exceed the TXDOT amount listed in Subcategory B, "PI&F Activities." The TxDOT amount for Subcategory B, "PI&E Activities," or C, "Other," can only be exceeded within the five (5) percent flexibility, with underrun funds from Budget Categories II or III. C_ To be eligible for reimbursement under this agreement, a cost must be incurred in accordance with the Project Budget, within the time frame specified in the Grant Period of this Grant Agreement, attributable to work covered by this agreement, and which has been completed in a manner satisfactory and acceptable to the Department. D_ Federal or TxDOT funds cannot supplant (replace) funds from any other sources_ The term "supplanting," refers to the use of federal or TxDOT funds to support personnel or an activity already supported by local or state funds. E. Payment of costs incurred under this agreement is further governed by the cost principles outlined in 2 CFR Part 200- F_ The Subgrantee agrees to submit monthly Requests for Reimbursement, as designated in this Grant Agreement, within thirty (30) days after the end of the billing period. The Request for Reimbursement and appropriate supporting documentation must be submitted through eGrants_ G_ The Subgrantee agrees to submit the final Request for Reimbursement under this agreement within forty-five (45) days of the end of the grant period_ H_ Payments are contingent upon the availability of appropriated funds. I. Project agreements supported with federal or TxDOT funds are limited to the length of this Grant Period specified in this Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long-range benefits, the Subgrantee may apply for funding assistance bevond the initial agreement veriod. 2020 -LaPorte -S -CMV -00021 Printed On: 8/8/2019 Page 5 of 29 City of La Porte Police Department STEP CMV 2020 Preference for funding will be given to projects based on (1) proposed cost sharing and (2) demonstrated performance history. ARTICLE 4. LIMITATION OF LIABILITY Payment of costs incurred under this agreement is contingent upon the availability of funds_ If at any time during this Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall notify the Subgrantee, giving notice of intent to terminate this agreement, as specified in Article 11 of this agreement. If at the end of a federal fiscal year, the Department determines that there is sufficient funding and performance to continue the project, the Department may notify the Subgrantee to continue this agreement_ ARTICLE 5. AMENDMENTS This agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment in eGrants_ Any amendment must be executed by the parties within the Grant Period, as specified in this Grant Agreement. ARTICLE 6. ADDITIONAL WORE( AND CHANGES IN WORK A. If the Subgrantee is of the opinion that any assigned work is beyond the scope of this agreement and constitutes additional work, the Subgrantee shall promptly notify the Department in writing through eGrants. If the Department finds that such work does constitute additional work, the Department shall advise the Subgrantee and a written amendment to this agreement will be executed according to Article 5, Amendments, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed_ B. If the Subgrantee has submitted work in accordance with the terms of this agreement but the Department requests changes to the completed work or parts of the work which involve changes to the original scope of services or character of work under this agreement, the Subgrantee shall make those revisions as requested and directed by the Department. This will be considered as additional work and will be paid for as specified in this Article. C. If the Subgrantee submits work that does not comply with the terms of this agreement, the Department shall instruct the Subgrantee to make any revisions that are necessary to bring the work into compliance with this agreement_ No additional compensation shall be paid for this work. D. The Subgrantee shall make revisions to the work authorized in this agreement that are necessary to correct errors or omissions, when required to do so by the Department. No additional compensation shall be paid for this work. E_ The Department shall not be responsible for actions by the Subgrantee or any costs incurred by the Subgrantee relating to additional work not directly associated with or prior to the execution of an amendment. ARTICLE 7. REPORTING AND MONITORING A. Not later than thirty (30) days after the end of each reporting period, the Subgrantee shall submit a performance report through eGrants. Reporting periods vary by project duration and are defined as follows: 2020 -LaPorte -S -CMV -00021 Printed On: 8/8/2019 Page 6 of 29 City of La Porte Police Department STEP CMV 2020 1. For short term projects, the reporting period is the duration of the project. Subgrantee shall submit a performance report within 30 days of project completion. 2_ For longer projects, the reporting period is monthly_ Subgrantee shall submit a performance report within 30 days of the completion of each project month and within 30 days of project completion. 3. For Selective Traffic Enforcement Program (STEP) Wave projects, the reporting period is each billing cycle. Subgrantee shall submit a performance report within 30 days of the completion of each billing cycle. B. The performance report will include, as a minimum: (1) a comparison of actual accomplishments to the objectives established for the period, (2) reasons why established objectives and performance measures were not met, if appropriate, and (3) other pertinent information, including, when appropriate, an analysis and explanation of cost underruns, overruns, or high unit costs. C. The Subgrantee shall promptly advise the Department in writing, through eGrants, of events that will have a significant impact upon this agreement, including: 1 _ Problems, delays, or adverse conditions, including a change of project director or other changes in Suhgrantee personnel, that will materially affect the ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or federal assistance needed to resolve the situation. 2. Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated or achieving greater performance measure output than originally projected. D. The Subgrantee shall submit the Final Performance Report through eGrants within thirty (30) days after completion of the grant. ARTICLE 8. RECORDS The Subgrantee agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed under this agreement (called the "Records"), and shall make the Records available at its office for the time period authorized within the Grant Period, as specified in this Grant Agreement. The Subgrantee further agrees to retain the Records for four (4) years from the date of final payment under this agreement, until completion of all audits, or until pending litigation has been completely and fully resolved, whichever occurs last. Duly authorized representatives of the Department, the USDOT, the Office of the Inspector General, Texas State Auditor, and the Comptroller General shall have access to the Records. This right of access is not limited to the four (4) year period but shall last as long as the Records are retained. ARTICLE 9. INDEMNIFICATION A. To the extent permitted by law, the Subgrantee, if other than a government entity, shall indemnify, hold, and save harmless the Department and its officers and employees from all claims and liability due to the acts or omissions of the Subgrantee, its agents, or employees. The Subgrantee also agrees, to the extent permitted by law, to indemnify, hold, and save harmless the Department from any and all expenses, including but not limited to attorney fees, all court costs and awards for damages incurred by the Department in litigation or otherwise resisting claims or liabilities as a result of any activities of the Subgrantee, its agents, or employees. 2020 -LaPorte -S -CMV -00021 Printed On: 8/8/2019 Page 7 of 29 City of La Porte Police Department STEP CMV 2020 B. To the extent permitted by law, the Subgrantee, if other than a government entity, agrees to protect, indemnify, and save harmless the Department from and against all claims, demands, and causes of action of every kind and character brought by any employee of the Subgrantee against the Department due to personal injuries to or death of any employee resulting from any alleged negligent act, by either commission or omission on the part of the Subgrantee_ C. If the Subgrantee is a government entity, both parties to this agreement agree that no party is an agent, servant, or employee of the other party and each parry agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents_ ARTICLE 10. DISPUTES AND REMEDIES This agreement supersedes any prior oral or written agreements. If a conflict arises between this agreement and the Traffic Safety Program Manual, this agreement shall govern. The Subgrantee shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Subgrantee in support of work under this agreement. Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Executive Director or his or her designee acting as final referee. ARTICLE 11. TERMINATION A_ This agreement shall remain in effect until the Subgrantee has satisfactorily completed all services and obligations described in this agreement and these have been accepted by the Department, unless: 1. This agreement is terminated in writing with the mutual consent of both parties, or 2_ There is a written thirty (30) day notice by either party; or 3. The Department determines that the performance of the project is not in the best interest of the Department and informs the Subgrantee that the project is terminated immediately. B. The Department shall compensate the Subgrantee for only those eligible expenses incurred during the Grant Period specified in this Grant Agreement that are directly attributable to the completed portion of the work covered by this agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall not incur nor be reimbursed for any new obligations after the effective date of termination_ ARTICLE 12. INSPECTION OF WORK A_ The Department and, when federal funds are involved, the USDOT, or any of their authorized representatives, have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed under this agreement and the premises in which it is being performed. B. If any inspection or evaluation is made on the premises of the Subgrantee or its subcontractor, the Subgrantee shall provide and require its subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in a manner that will not unduly delay the work - 2020 -La Po ork_ 2020-LaPo rte -S -CMV -00021 Printed On: 8/8/2019 Page 8 of 29 City of La Porte Police Department STEP CMV 2020 ARTICLE 13. AUDIT The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under this agreement or indirectly through a subcontract under this agreement. Acceptance of funds directly under this agreement or indirectly through a subcontract under this agreement acts as acceptance of the authority of the State Auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds_ An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. ARTICLE 14. SUBCONTRACTS A subcontract in excess of $25,000 may not be executed by the Subgrantee without prior written concurrence by the Department. Subcontracts in excess of $25,000 shall contain all applicable terms and conditions of this agreement_ No subcontract will relieve the Subgrantee of its responsibility under this agreement. ARTICLE 15. GRATUITIES A. Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefit, gift, or favor from any person doing business with or who, reasonably speaking, may do business with the Department under this agreement. The only exceptions allowed are ordinary business lunches and items that have received the: advanced written approval of the Department's Executive Director. B_ Any person doing business with or who reasonably speaking may do business with the Department under this agreement may not make any offer of benefits, gifts, or favors to Department employees, except as mentioned here above_ Failure on the part of the Subgrantee to adhere to this policy may result in termination of this agreement_ ARTICLE 16. NONCOLLUSION The Subgrantee warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Subgrantee, to solicit or secure this agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this agreement. If the Subgrantee breaches or violates this warranty, the Department shall have the right to annul this agreement without liability or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover the full amount of such fee, commission, brokerage fee, contingent fee, or gift_ ARTICLE 17. CONFLICT OF INTEREST The Subgrantee represents that it or its employees have no conflict of interest that would in any way interfere with its or its employees` performance or which in any way conflicts with the interests of the Department. The Subgrantee shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the Department's interests. ARTICLE 18. SUBGRANTEE`S RESOURCES A_ The Subgrantee certifies that it presently has adequate qualified personnel in its employment to perform the work required under this agreement, or will be able to obtain such personnel from sources other than the Department. 2020 -LaPorte -S -CMV -00021 Printed On: 8/8/2019 Page 9 of 29 City of La Porte Police Department STEP CMV 2020 B. All employees of the Subgrantee shall have the knowledge and experience that will enable them to perform the duties assigned to them. Any employee of the Subgrantee who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project. C. Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, supplies, and other resources required to perform the worst. ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT The Subgrantee shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to this agreement in accordance with its own procurement and property management procedures, provided that the procedures are not in conflict with (1) the Department's procurement and property management standards and (2) the federal procurement and property management standards provided by 2 GFR §§ 200.310-.3161, 200 -318 -,324 - ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY Upon completion or termination of this Grant Agreement, whether for cause or at the convenience of the parties, all finished or unfinished documents, data, studies, surveys, reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee, and equipment and supplies purchased with grant funds shall, at the option of the Department, become the property of the Department. All sketches, photographs, calculations, and other data prepared under this agreement shall be made available, upon request, to the Department without restriction or limitation of their further use. A. Intellectual property consists of copyrights, patents, and any other form of intellectual property rights covering any databases, software, inventions, training manuals, systems design, or other proprietary information in any form or medium. B. All rights to Department. The Department shall own all of the rights (including copyrights, copyright applications, copyright renewals, and copyright extensions), title and interests in and to all data, and other information developed under this contract and versions thereof unless otherwise agreed to in writing that there will be joint ownership. C. All rights to Subgrantee. Classes and materials initially developed by the Subgrantee without any type of funding or resource assistance from the department remain the Subgrantee's intellectual property. For these classes and materials, the Department payment is limited to payment for attendance at classes. ARTICLE 21. SUCCESSORS AND ASSIGNS The Department and the Subgrantee each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of the other party in respect to all covenants of this agreement. The Subgrantee shall not assign, sublet, or transfer interest and obligations in this agreement without written consent of the Department through eGrants. ARTICLE 22. CIVIL RIGHTS COMPLIANCE A. Compliance with regulations: The Subgrantee shall comply with the regulations relative to nondiscrimination in federally -assisted programs of the United States Department of Transportation 2020 -LaPorte -S -CMV -00021 Printed On: 8/8/2019 Page 10 of 29 City of La Porte Police Department STEP CMV 2020 (USDOT): 49 CFR, Part 21; 23 CFR, Pail 200; and 41 CFR, Parts 60-74, as they may be amended periodically (called the "Regulations"). The Subgrantee agrees to comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 91375 and as supplemented by the U.S. Department of Labor regulations (41 CFR, Part 60). B. Nondiscrimination: (applies to subrecipients as well as States) The State highway safety agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities")_ These include but are not limited to: . Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et ser{., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21; • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S_C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); . Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S-C, 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973 , (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; . The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); • The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally -funded or not); . Titles II and III of the Americans with Disabilities Act (42 U.S-C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; . Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations), and . Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin disc riminationldiscrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR 74087-74100), The Mate highway safety agency - Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally -assisted; Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non -Discrimination Authorities identified in this Assurance: 2020 -LaPorte -S -CMV -00021 Printed On: $1$12019 Page 11 of 29 City of La Porte Police Department STEP CMV 2020 Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority; Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non -Discrimination Authorities and this Assurance; Agrees to insert in all contracts and funding agreements with other State or private entities the following clause: "During the performance of this contract/funding agreement, the contractorifunding recipient agrees a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time; b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein; c. To permit access to its books, records, accounts, other- sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d_ That, in event a contractor/finding recipient fails to comply with any nondiscrimination provisions in this contractffunding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractorffunding recipient complies; andfor cancelling, terminating, or suspending a contract or funding agreement, in whole or in park, and e_ To insert this clause, including paragraphs (a) through (e), in every subcontract and subagreement and in every solicitation for a subcontract or sub -agreement, that receives Federal funds under this program_ C. Solicitations for subcontracts, including procurement of materials and equipment: In all solicitations either by competitive bidding or negotiation made by the Subgrantee for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the Subgrantee of the Subgrantee's obligations under this agreement and the regulations relative to nondiscrimination on the grounds of race, color, sex, national origin, age, religion, or disability. D. Information and reports: The Subgrantee shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Department or the USDOT to be pertinent to ascertain compliance with the Regulations or directives. Where any information required of the Subgrantee is in the exclusive possession of another who fails or refuses to furnish this information, the Subgrantee shall certify that to the Department or the USDOT, whichever is appropriate, and shall set forth what efforts the Subgrantee has made to obtain the requested information. E. Sanctions for noncompliance: In the event of the Subgrantee's noncompliance with the nondiscrimination provision of this agreement, the Department shall impose such sanctions as it or the USDOT may determine to be appropriate. F_ Incorporation of provisions: The Subqrantee shall include the provisions of paragraphs A_ through 2020 -LaPorte -S -CMV -00021 Printed On: 8/8/2019 Page 12 of 29 City of La Porte Police Department STEP CMV 2020 E. in every subcontract, including procurements of materials and leases of equipment, unless exempt by the regulations or directives_ The Subgrantee shall take any action with respect to any subcontract or procurement that the Department may direct as a means of enforcing those provisions, including sanctions for noncompliance. However, in the event a Subgrantee becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may request the Department to enter into litigation to protect the interests of the state; and in addition, the Subgrantee may request the United States to enter into such litigation to protect the interests of the United States. ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM A. The parties shall comply with the DBE Program requirements established in 49 CFR Part 26. B. The Subgrantee shall adopt, in its totality, the Department's federally approved DBE program. C. The Subgrantee shall set an appropriate DBE goal consistent with the Department's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Subgrantee shall have final decision- making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Subgrantee shall follow all other parts of the Department's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally -Approved Disadvantaged Business Enterprise by Entity and attachments found at web address http:.',Ivhv.�r.trxclot.govf'bLisiness'L),gEtnershipsidbe.htrrrl E The Subgrantee shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Subgrantee shall take all necessary and reasonable steps under 49 GFR Part 26 to ensure non-discrimination in award and administration of USDOT-assisted contracts. The Department's DBE program, as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Subgrantee of its failure to carry out its approved program, the Department may impose sanctions as provided for under 49 CFR Part 20 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and the Program Fraud Civil Remedies Act of 1986 (31 USC 3801 et seq.). F. Each contract the Subgrantee signs with a contractor (and each subcontract the prime contractor signs with a sub -contractor) must include the following assurance. The contractor, sub -recipient, or sub -contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall cavy out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. ARTICLE 24. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (applies to subrecipients as well as States) Instructions for Primary.Tier. Participant Certification (States) 1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2020 -LaPorte -S -CMV -00021 Printed On: 8/8/2019 Page 13 of 29 City of La Porte Police Department STEP CMV 2020 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment. 4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations - 6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification , in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (httpsJ/www.sam.govf)- 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings- 10- Except for transactions authorized under paragraph 0 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or 2020 -LaPorte -S -CMV -00021 Printed On: 8/8/2019 Page 14 of 29 City of La Porte Police Department STEP CMV 2020 voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regardinct Debarment, Suspension, and Other Responsibility, Matters -Primary Tier Covered Transactions (1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this applicationtproposai had one or more public transactions (Federal, State, or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal. Instructions for Lower Tier Participant Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200- 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into_ If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. 3_ The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances_ 4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered 2020 -LaPorte -S -CMV -00021 Printed On: 8/8/2019 Page 15 of 29 City of La Porte Police Department STEP CMV 2020 transaction with a person who is proposed for debarment under 48 CFR Pari 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. G. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 189 and 1200. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective louver tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/). B. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. Certification Regarding Debarment Suspension, Inefrgibrl/ty and Voluntary Exclusion - L=er Tier Covered Transactions. 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded frorn participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal_ ARTICLE 25. CERTIFICATION REGARDING FEDERAL LOBBYING (applies to subrecipients as well as States) Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, 2020 -LaPorte -S -CMV -00021 Printed On: 8/8/2019 Page 16 of 29 City of La Porte Police Department STEP CMV 2020 renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into_ Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ARTICLE 26. CHILD SUPPORT CERTIFICATION Under Section 231.008, Texas Family Code, the Subgrantee certifies that the individual or business entity named in this agreement is not ineligible to receive the specified grant, loan, or payment and acknowledges that this agreement may be terminated and payment may be withheld if this certification is inaccurate, If the above certification is shown to be false, the Subgrantee is liable to the state for attorney's fees and any other damages provided by law or the agreement_ A child support obligor or business entity ineligible to receive payments because of a payment delinquency of more than thirty (30) days remains ineligible until: all arrearages have been paid, the obligor is in compliance with a written repayment agreement or court order as to any existing delinquency; or the court of continuing jurisdiction over the child support order has granted the obligor an exemption from Subsection (a) of Section 231.006, Texas Family Code, as part of a court -supervised effort to improve earnings and child support payments. ARTICLE 27. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT REQUIREMENTS A. Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: http-_ /eriocket.access,gpo.govi2G1 Q/rdf"r2010-22705,pdf and 1-itto- ieclocket.access.cx )o.crovi201 CA)dV2010-22706.ocif _ B. The Subgrantee agrees that it shall: 1. Obtain and provide to the State a System for Award Management (SAM) number (48 CFR subpt 4.11) if this award provides for more than $25,000 in Federal funding. The SAM number may be obtained by visiting the SAM web -site at: https://www.sam.gov 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine -character number that allows the Federal government to track the distribution of federal money. The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website httID:hfedgov.dtit) _comiwebform, __J 2020 -LaPorte -S -CMV -00021 Printed On: 8/8/2019 Page 17 of 29 City of La Porte Police Department STEP CMV 2020 arru 3. Report the total compensation and names of its top five (5) executives to the State if: i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000, and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. ARTICLE 28. SINGLE AUDIT REPORT A_ The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in 2 CFR Part 200. B. If threshold expenditures of $750,000 or more are met during the Subgrantee's fiscal year, the Subgrantee must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Audit Office, 125 East 11th Street, Austin, TX 78701 or contact TxDOT's Audit Office at singleauditsCwtxclot-gov C_ If expenditures are less than $750,000 during the Subgrantee's fiscal year, the Subgrantee must submit a statement to TxDOT's Audit Office as follows: "We did not meet the $750,000 expenditure threshold and therefore, are not required to have a single audit performed for FY it D_ For each year the project remains open for federal funding expenditures, the Subgrantee will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year. ARTICLE 29. BUY AMERICA ACT (applies to subrecipients as well as States) The State and each subrecipient will comply with the Buy America requirement (23 U_S.C_ 313) when purchasing items using Federal funds_ Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation. ARTICLE 30. RESTRICTION ON STATE LOBBYING (applies to subrecipients as well as States) None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include bath direct and indirect (e.g_, "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHT,SA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. ARTICLE 31. NONGOVERNMENTAL ENTITY'S PUBLIC INFORMATION (This article applies only to non-profit entities.) 2020 -LaPorte -S -CMV -00021 Printed On: 8/8/2019 Page 18 of 29 City of La Porte Police Department STEP CMV 2020 The Subgrantee is required to make any information created or exchanged with the Department pursuant to this Grant Agreement and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the Department. [SB -1368, 83rd Texas Legislature, Regular Session, Effective 919113] ARTICLE 32. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to subrecipients as well as States) The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists_ ARTICLE 33. INTERNAL ETHICS AND COMPLIANCE PROGRAM Subgrantee shall comply with Title 43 Texas Administrative Code §25.906(b). Subgrantee certifies it has adopted an internal ethics and compliance program that satisfies the requirements of Title 43 Texas Administrative Code §10.51 (relating to Internal Ethics and Compliance Program). Subgrantee shall enforce compliance with that program. 2020 -LaPorte -S -CMV -00021 Printed On: 8/8/2019 Page 19 of 29 City of La Porte Police Department STEP CMV 2020 FOR REVIEW ONLY - NOT A LEGAL DOCUMENT RESPONSIBILITIES OF THE SUBGRANTEE A_ Carry out all performance measures established in the grant, Including fulfilling the law enforcement objectives by implementing the Operational Plan contained in this Grant Agreement_ B. Submit all required reports to the Department (TxDOT) fully completed with the most current information, and within the required times, as defined in Article 3 and Article 7 of the General Terms and Conditions of this Grant Agreement. This includes reporting to the Department on progress, achievements, and problems in monthly Performance Reports and attaching necessary source documentation to support all costs claimed in Requests for Reimbursement (RFR)- C_ Attend grant related training as requested by the Department D. Attend meetings according to the following: 1 _ The Department will arrange for meetings with the Subgrantee to present status of activities and to discuss problems and the schedule for grant related activities_ 2- The project director or other appropriate qualified persons will be available to represent the Subgrantee at meetings requested by the Department. E. Support grant enforcement efforts with public information and education (PI&E) activities. Salaries being claimed for PI&E activities must be included in the budget_ F. For out of state travel expenses to be reimbursable, the Subgrantee must have obtained the written approval of the Department, through eGrants system messaging, prior to the beginning of the trip_ Grant approval does not satisfy this requirement__ G_ Maintain verification that all expenses, including wages or salaries, for which reimbursement is requested, is for work exclusively related to this project. H_ Ensure that this grant will in no way supplant (replace) funds from other sources_ Supplanting refers to the use of federal funds to support personnel or any activity already supported by local or state funds_ I- Ensure that each officer working on the STEP project will complete an officer's daily activity report form. The form should include at a minimum: name, date, badge or identification number, type of grant worked, Enforcement Zone identifier, mileage (including starting and ending mileage), hours worked, type of warning or citation issued or arrest made, officer and supervisor signatures. J_ All STEP agencies must provide the following provision in all daily activity report forms: "I understand that this information is being submitted to support a claim against a federally- f[iririari nrant nrnnrnm Frikp ctatpmnntQ nn thicz farm may hp nrncpr[rtahip rinrinr 9R I Iq('. 2020 -LaPorte -S -CMV -00021 Printed On: 8/8/2019 Page 20 of 29 City of La Porte Police Department STEP CMV 2020 IU1 t- &I UIIL psi us tui [I- r IAI t. aLu L+ I t 1t 1 iia "i a lla I. I t I III Iur tj� UI IWa I i u � 1001 _ This information on this form is true, correct, and complete to the best of my knowledge and ability_" The above language should be added to the activity reports immediately above the signature lines of the officer and supervisor. K Ensure that no officer above the rank of Lieutenant (or equivalent title) will be reimbursed for enforcement duty unless the Subgrantee received specific written authorization from the Department, through eGrants system messaging, prior to incurring costs. L_ If an officer makes a STEP -related arrest during the shift, but does not complete the arrest before the shift is scheduled to end, the officer can continue working underthe grant to complete that arrest_ M_ The Subgrantee should have a safety belt use policy_ If the Subgrantee does not have a safety belt use policy in place, a policy should be implemented, and a copy maintained for verification during the grant year_ N_ Officers working DWI enforcement must be trained in the National Highway Traffic Safety Administrationllnternatianal Association of Chiefs of Police Standardized Field Sobriety Testing (SFST). In the case of a first year subgrantee, the officers must be trained, or scheduled to be SFST trained, by the end of the grant year_ For second or subsequent year grants, all officers working DWI enforcement must be SFST trained_ 0_ The Subgrantee should have a procedure in place for contacting and using drug recognition experts (DREs) when necessary. P_ The Subgrantee is encouraged to use the DWI On-line Reporting System available through the Buckle ftp Texas Web site at m,%m/_buckIeuptexas_c,om. Revised: 11/0712017 2020 -LaPorte -S -CMV -00021 Printed On: 8/8/2019 Page 21 of 29 City of La Porte Police Department STEP CMV 2020 FOR REVIEW ONLY - NOT A LEGAL DOCI A -1 -ENT RESPONSIBILITIES OF THE DEPARTMENT A. Monitor the Subgrantee's compliance with the performance obligations and fiscal requirements of this Grant Agreement using appropriate and necessary monitoring and inspections, including but not limited to: 1. review of periodic reports 2. physical inspection of project records and supporting documentation 3_ telephone conversations 4_ e-mails and letters 5_ quarterly review meetings 8_ eGrants B. Provide program management and technical assistance C_ Attend appropriate meetings. D_ Reimburse the Subgrantee for all eligible costs as defined in the project budget. Requests for Reimbursement will be processed up to the maximum amount payable as indicated in the project budget_ E_ Perform an administrative review of the project at the close of the grant period to: 1 _ Ascertain whether or not the project objectives were met 2_ Review project accomplishments (performance measures completed, targets achieved) 3_ Account for any approved Program Income earned and expended 4_ Identify exemplary performance or best practices 2020 -LaPorte -S -CMV -00021 Printed On: 8/8/2019 Page 22 of 29 City of La Porte Police Department STEP CMV 2020 FOR. RE"%JE r ONLY - NOT A. LEGAL DOCUMENT GOALS AND STRATEGIES Goal: To reduce commercial motor vehicle crashes: injuries, and fatalities involving vehicles with a vehicle body type of "Semi -Trailer" or "Truck -Tractor" Strategies - Increase public information and education on sharing the road with commercial motor vehicles (C11VB1). Increase public education and information campaigns regarding enforcement acthities_ Increase and sustain high -,isibility enforcement of tragic safety-related laws_ X Agency agrees to the above goals and strategies. 2020 -LaPorte -S -CMV -00021 Printed On: 8/8/2019 Page 23 of 29 City of La Porte Police Department STEP CMV 2020 FOR REVIEW ONLY - NOT A LEGAL DOCUMENT BASELIIATE INFORZtiIATION Baseline Definition: A number serving as a foundation for subgrantees to measure pre -grant traffic enforcement activity_ Baseline information must be provided by the subgrantee in order to identify local traffic enforcement related actk ity. This information should exclude any acth ity generated tivith STEP grant dollars. Once the baseline is established_ these figures Nvill be used to compare subsequent year's local and grant traffic enforcement acti ity_ Note: Baseline data used niust be no older than 2016. Baseline Year (12 mouths) From 10!1/2019 to 9.30/2020 Baseline Aleasure Arrests/Citations Written Warninss KA Crashes Commercial }Motor Vehicle (non 145 53 2 STEP) Other Elements (non STEP) 7102 1155 0 If you have additional attachments. provide them on the "Attachments" page 2020 -LaPorte -S -CMV -00021 Printed On: 8/8/2019 Page 24 of 29 City of La Porte Police Department STEP CMV 2020 FOR RENJEW ONLY - NOT A LEGAL DOCt`TM-ENT LAIC' ENFORCEIIIENT OBJECTIMPERFORMANCE MEASURE Objective/Performance Measure Target Number Reduce the number of crashes that inN ohne a C-2Vfir to Number of Enforcement Hours 226 Dote: Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a peace officer issue a specified or predetermined number of citations in pursuance of the Subgrautee's obligations hereunder. Department a nd Subgrautee acknowledge that Texas Transportation Code Section 720.002 prohibits using traffic -offense quotas and agree that nothing in this Agreement is establishing an illegal quota. In addition to the STEP enforcement activities, the subgrantee must maintain baseline non - STEP funded citation and arrest activity due to the prohibition of supplanting. 2020 -LaPorte -S -CMV -00021 Printed On: 8/8/2019 Page 25 of 29 City of La Porte Police Department STEP CMV 2020 FOR REVIEW ONLY -PHOT A LEGAL I3OCUNIENT Pi&E OBJEC-nVE1PERPORMANCE MEASURE Objectives/Performance Measure Target Number Support Grant efforts with a public information and education (PI&E) program a_ Conduct presentations 5 b_ Conduct media exposures (e.g. news conferences, news releases, and 5 interviews) c_ Conduct community events (e.g. health fairs, booths) 2 2020 -LaPorte -S -CMV -00021 Printed On: 8/8/2019 Page 26 of 29 City of La Porte Police Department STEP CMV 2020 FOR EVIEW ONLY - NOT A LEGAL DOCUMENT OPERATIONAL PLAN Zone Name: Zone 2 Zone Location : State Hwy 146 ftom Northern City Limits to Southern City Limits. Zone Hours : Zone Heat Map: (attach) https}I«5«v.dot.sWe.tx.us!apps!egrants?_Upload/887001-Zone2C:l'IV.pdf 2020 -LaPorte -S -CMV -00021 Printed On; 8/8/2019 Page 27 of 29 City of La Porte Police Department STEP CMV 2020 FOR REI IENV ONLY - NOT A LEGAL DOCUMENT OPERATIONAL FLAN Zone Name: Zone 1 From Underwood and P Street to Spencer H,.vy_ Spencer H%vy to Luella_ Luella to Zone Fairmont Pbvy. Fairmont Pkwy East to Bay Area Blvd_ Bay Area Blvd (road name Location : changes to Sens Rd_) Forth to P Street_ P Street West to lindenvood_ Zone Hours: Zone Heat Map : https-Ylivy«v_dot.state.tx.us!apps+egrantsl Upload/887004-ZoneICxMV.pcif (attach) 2020 -LaPorte -S -CMV -00021 Printed On: 8/8/2019 Page 28 of 29 City of La Porte Police Department STEP CMV 2020 FOR VIE11" ONLY - NOT A LEGAL DOOUAJIENT BUDGETSUMMARY Budget Category ��-- Category I - Labor Costs (100) Salaries: _�-��-- (20D) [Fringe Benefits: $11,960.00 `[ Sub -Total: $15,369-80 Category 11 - Other Direct Costs (300) I Travel: I (400) Equipment: (500) Supplies: ---� - Contractual - - - (600) services: Total Indirect Other --- (700) Miscellaneous Sub -Total: $0 Total Direct Costs: $0 Category III - Indirect Costs (800} Indirect Cost $11,960-00 Date: $15,3G9.80 Summary Fund Sources TxDOT $11,960-00 $0 $11,960.00 Match $0 $3,409.80 $3,409.80 Total $11,960.00 $3,409.80 $15,369-80 $0 I $0 1 $0 $0 $0 $0 --------- - - --- - $0 $0 $0 $a $a $11,960.00 $3,409.80 mm $15,369.80 Salary and cast rates will be based on the rates submitted by the Subgrantee in its grant application in Egrants_ 2020 -LaPorte -S -CMV -00021 Printed On: 8/8/2019 Page 29 of 29 Total Labor Labor Costs: $11,960.00 $3 409-$0 , $15,369-80 Total Direct --- --------------------------- -T_---------- _._._-_-- Costs: $ 0 $0 $ 0 Total Indirect Costs: $0 $0 $0 Grand Total $11,960-00 $3,409.80 $15,3G9.80 Fund Sources -- (Percent 77-81% 22-19% ------------- Share): --------------- Salary and cast rates will be based on the rates submitted by the Subgrantee in its grant application in Egrants_ 2020 -LaPorte -S -CMV -00021 Printed On: 8/8/2019 Page 29 of 29 RESOLUTION NO. 2019-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, AUTHORIZING THE CITY MANAGER TO SUBMIT AND EXECUTE ALL DOCUMENTS PERTAINING TO THE CMV STEP GRANT, THROUGH THE TEXAS DEPARTMENT OF TRANSPORTION, FOR THE FISCAL YEAR 2020 WHEREAS, injuries and deaths from commercial motor vehicle traffic violations and crashes bring loss and suffering to the citizens of this community; and WHEREAS, the cost of such injuries brings economic hardship to families and communities; and WHEREAS, the community's health care system and emergency response resources are significantly impacted by injuries of commercial motor vehicle traffic crashes; and WHEREAS, research shows that speed is a causative factor in many commercial motor vehicle traffic crashes; and WHEREAS, failure to obey traffic control devices, signs and signals at intersections causes many commercial motor vehicle traffic crashes; and WHEREAS, the National Highway Traffic Safety Administration statistics have shown that reducing speed limit and traffic control violators prevents crashes, saves lives and reduces non-fatal injuries while resulting in economic savings to society; and WHEREAS, the Commercial Motor Vehicle STEP includes public education and intensified law enforcement to get the community and drivers of commercial motor vehicles to comply with speed limits and traffic control devices, signs and signals therefore protecting the occupants of commercial motor vehicles and others on the roadways; NOW THEREFORE, BE IT RESOLVED, that the City of La Porte authorizes the City Manager to execute all documents for CMV STEP Grant for October 1, 2019, through September 30, 2020; joining public and private sector leaders across Texas supporting the campaign; urging all residents and visitors of La Porte to abide by traffic laws, to protect life and the quality of life in this community. PASSED AND APPROVED this, the day of 2019. CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor ATTEST: APPROVED AS TO FORM: Lee Woodward, City Secretary Clark T. Askins, Assistant City Attorney REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 9, 2019 Requested By: Clark Askins, Asst. City Atty. Department: City Attorney ' Report Ir' Resolution 4Ordinance Exhibits: Ord. 2019-3755 marked up and clean versions Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: Yes No SUMMARY In March 2019, the Municipal Court noted that material from Ord. 2016-3633, concerning the fine amount for a violation of Ch. 86 of the Development Regulations was missing. Upon investigation, it was determined that a portion of the penalty clause at end of the ordinance was inadvertently omitted and unnoticed by staff at the time of adoption. In Section 2 of the original ordinance text "shall be fined in a sum not to exceed two thousand dollars" was omitted and this agenda item reflects the changes necessary to correct this omission. The Assistant City Attorney has reviewed the original ordinance and conferred with the Planning Department to provide the complete Ordinance 2019-3755, with the full penalty wording included, for consideration. There are no changes proposed to the regulations contained in Chapter 86. RECOMMENDED MOTION I move to adopt Ordinance 2019-3755, amending Chapter 86 of the City of La Porte Development Code. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date ORDINANCE NO 2019-3755 AN ORDINANCE AMENDING CHAPTER 86 "DEVELOPMENT REGULATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS BY ADOPTING COMPREHENSIVE GUIDELINES, RULES AND REGULATIONS FOR SUBDIVISION AND DEVELOPMENT OF LAND IN THE CITY OF LA PORTE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 86, "Development Regulations", of the Code of Ordinances of the City of La Porte, Texas, is hereby amended in its entirety and shall hereinafter read as follows: "ARTICLE L - IN GENERAL Sec. 86-1. - Purpose. (a) It is the intent of this chapter for the city to outline the requirements for subdividers, developers, applicants, engineers, surveyors, realtors and other persons interested and involved in the subdivision and development of land. (b) It is also the intent, purpose and scope of this chapter to promote the vision, goals and policies of the city's comprehensive plan and all of its components and to protect the health, safety and general welfare of the public. Sec. 86-2. - Statutory authority and jurisdiction. (a) Pursuant to the authority granted to cities and counties under the constitution and laws of the state, including the provisions of Texas Local Government Code Chapter 212, and as amended, the city council does hereby adopt the rules and regulations established in this chapter governing the subdivision and development of land within the city limits provided, however, that the City of La Porte excludes from the terms, conditions and effects of this chapter and all amendments hereto, unsubdivided development in the extraterritorial jurisdiction of the city, and land included within the boundaries of any industrial district or districts that may be hereafter created by the City of La Porte and amendments thereto of the Texas Local Government Code. (b) The approving authority shall review all plans, plats, and all accompanying documentation required in this chapter, and require developer and subdivider compliance with the applicable state law, this chapter, the zoning ordinance of the City of La Porte, other applicable ordinances of the City of La Porte, the City of La Porte Comprehensive Plan, and approved written policies and procedures of the City of LaPorte. (c) If any section of this chapter is in conflict with other provisions of this chapter or any other ordinance, the more restrictive rule or regulation shall apply. Sec. 86-3. - Conformance requirements. (a) In so implementing this chapter, the city may, as needed, utilize policies in the city's comprehensive plan, including but not limited to the future land use plan and corresponding provisions, as well as complementary general design and construction standards approved by ordinance by city council. (b) All development must also be in compliance with the City's Public Improvement Criteria Manual (PICM), where applicable. (c) It shall be unlawful for any owner or agent of any owner of land to layout, subdivide, resubdivide, plat, or replat any land within the City of La Porte or its extraterritorial jurisdiction without an approved city development authorization. In addition, it shall be unlawful for any owner or agent of any owner of land to cause the development of any land within the corporate limits of the City of La Porte, without an approved city development authorization. It shall be unlawful for any such owner or agent to offer for sale or sell property therein or thereby, which has not been laid out, subdivided, re -subdivided, platted, replatted or developed without the approvals required in this chapter, subsequent to the passage of this chapter. (d) The city shall withhold all city improvements of whatsoever nature, including the maintenance of streets and the furnishing of utilities from all subdivisions or developments not in conformance with the provisions of this chapter. (e) No building permit shall be issued for the erection or improvements of any building in the city's jurisdiction not located within an approved and recorded subdivision plat or within an approved development site plan as defined herein. Sec. 86-4. - Definitions. For the purpose of this chapter the following various terms, phrases and words, will have the meaning ascribed to them herein. When not inconsistent with the context, words used in present tense include the future; words used in singular include the plural; words used in plural include the singular; "shall" is mandatory; and "may" is permissive. Any office referred to herein by title will include the person employed or appointed for that position or its duly authorized deputy or representative. Terms, phrases or words not expressly defined herein are to be considered in accordance with customary usage. Agricultural use: Any activity related to the cultivation of the soil, the producing of crops to human food, animal feed or planting seed or for the production of fibers; floriculture, viticulture or horticulture raising or keeping of livestock; and planting cover crops or leaving land idle for the purpose of participating in any governmental program or recognized, normal crop or livestock rotation procedure. A residential unit and related accessory buildings located solely for one or more of the purposes described in the preceding sentence shall be deemed an agricultural use. Alley: A public right-of-way that is used for utility installation or for secondary access to individual properties that have their primary access from an adjacent public street or an approved common or compensating open space or court yard that has direct access to a public street. Approving authority: The planning and zoning commission or the city official having authority to sign plats or plans signifying city approval of said plats or plans. For minor developments and administrative plats, the approving authority is the director of planning and development. For all other developments or subdivisions, the approving authority is the planning and zoning commission. Building setback line: A line that is the required minimum distance from the street right-of-way line or easement line or any other lot line that establishes the area where any structure must be erected or placed. Block: An identified tract or parcel of land established within a subdivision surrounded by a street or a combination of streets and other physical features that may be further subdivided into individual lots or reserves. Building permit: A permit for improvements granted by the chief building official under the provisions of the city building regulations currently in force and effect. As used herein, the term "improvement" shall include the construction, enlargement, alteration, repair, removal, or conversion of a building or structure. Chief building official: The city officer or other designated authority charged with the administration and enforcement of the city building regulations, or his/her authorized representative. City: The City of LaPorte, Texas. City building regulations: All building regulations referred to in and incorporated by chapter 82 of the city's Code of Ordinances. City council: The City Council of the City of La Porte, Texas. City secretary: The person holding the office of city secretary under the terms of the La Porte Charter, or her/his designated representative. Commission: The planning and zoning commission of the city. Compensation open space: Those areas designated on a plat or plan that are restricted from development, except for landscaping and recreational uses and which all owners of residential properties within the plat have a common legal interest or which are retained in private ownership and restricted from development, except for landscaping and recreational uses, for the exclusive use of all owners of residential property within the plat, and such designation shall remain in effect until the plat is vacated or the tract is replatted. The terms "compensating open space", "common open space", "common property" and "common area" may be used interchangeably and may be considered as similar. Comprehensive plan: A long-range plan adopted by the city council in accordance with Texas Local Government Code Chapter 213 and as such plan is periodically amended or updated, which is intended to guide the development of the city and that includes analysis, recommendations and proposals for the community's population, economy, housing, transportation, community facilities and infrastructure. County: Harris County, Texas. Department: The Planning and Development Department of the City of La Porte. Developer: The legal or beneficial owner or owners of a lot or any land included in a proposed development including the holder of an option or contract to purchase, or other persons having property interests in such land. Development: The process of converting land within the city's jurisdiction from its natural state, or altering the elevation of property or converting its existing usage to residential, commercial or industrial uses. This definition encompasses any and all physical changes to the land not regulated through the city building code inherent in such conversions. The term development includes subdivisions as defined herein. Development authorization: A document issued by the department for the development of land within the city's jurisdiction. A development authorization is issued after final approval of a subdivision plat or development site plan by the city approving authority, and authorizes the construction of improvements not regulated by the city building code. Development, major: Any development not qualifying as a minor development, as the term "minor development" is defined herein. Development, minor: Any project or development that involves no more than ten acres of land and where the total square footage of all buildings on the site does not exceed 150,000 square feet and presents no conflict with the city's comprehensive plan. Director: The director of the planning and development department or designated representative. Dwelling unit: A single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation. Easement: A right given by the owner or a parcel of land to another person, public agent or private corporation for specific and limited use of that parcel. Extraterritorial jurisdiction: The unincorporated territory outside of and contiguous to the city limits of the city established by the authority of Texas Local Government Code Chapter 42. Electronic format: Information recorded in a manner that requires a computer or other electronic devise to display, interpret and process it, including .pdf or other similar formats. Engineer: A professional engineer licensed by the Texas Board of Professional Engineers. Filing date: The date when a development site plan, general plan, or a subdivision plat is formally presented to the approving authority for its approval and is registered as a part of the approving authority's official records. Flood hazard area: Those areas of the city designated as having a greater chance of flooding from natural disasters such as rainstorms or hurricanes. Such areas are shown on the official flood insurance rate maps (FIRM) established by FEMA and adopted by city council. Flood hazard prevention ordinance: The ordinance adopted by the city council and codified in chapter 94 "Floods" of the La Porte, Texas Code of Ordinances that defines the special flood hazard areas of the city and regulates land development more restrictively within such areas. General plan: A map or plan illustrating the general design features and street layout of a proposed development which is proposed to be platted and developed in phases. This plan, when approved by the commission, constitutes a guide which the commission should refer to in the subsequent review of subdivision plats or development site plans that cover portions of the land contained within the general plan, as well as adjacent property. Harris County road law: A special law of the State of Texas found in Acts 1913, Special Laws, Chapter 17, as may be from time to time amended. Industrial districts: That land within the extraterritorial jurisdiction of the City of La Porte, and either: (a) Being designated as the "Battleground Industrial District of La Porte, Texas" in Ordinance 729, passed by the City Council of the City of La Porte; or (b) Being designated as the "Bay Port Industrial District of La Porte, Texas" in Ordinance 842, passed by the City Council of the City of LaPorte; or (c) Being designated as the "South La Porte Industrial District or La Porte, Texas" in Ordinance 98-2258, passed by the City Council of the City of LaPorte. Lot: An undivided tract or parcel of land contained within a block or designated on a subdivision plat by numerical identification. Mobile home park: An unsubdivided development divided into mobile home sites for rent and for the installation of mobile home thereon. Mobile home subdivision: A subdivision divided into mobile home lots for sale. Monument: A fixed reference point or object located convenient to proposed developments in La Porte that the city or another governmental agency has determined the elevation above mean sea level and the geographic location within the Texas Plane Coordinate System. Monument system: A monument system established by the city to provide horizontal and vertical survey control for land development in La Porte within a common frame of reference. A document describing the city monument system is published separately. One foot reserve: A strip of land one foot wide and within public street right of ways and adjacent to subdivision reserves or adjacent acreage to prevent access to said public street until the reserve or adjacent acreage has been platted in accordance with this ordinance [these regulations]. Plan, development site: A site plan for unsubdivided developments certified by the land owner and by a professional engineer or registered public surveyor, executed by the city approving authority and prepared as specified in section 86-7 of this chapter. Planned unit development: A land area characterized by a unified site design which: (1) has individual building sites and provides common open spaces; and (2) is designed to be capable of satisfactory use and operation as a separate entity without necessarily having the participation of other building sites or other common property. The ownership of the common property may by either public or private. A planned unit development may include subdivisions. It may be a single planned unit development as initially designed; or as expanded by annexation of additional land area; or a group of contiguous planned unit developments, as separate entities or merged into a single consolidated entity. Planning consultant: A certified land planner, Texas registered professional engineer, Texas registered land surveyor, Texas registered architect, or other qualified consultant, who performs land planning services to subdividers or developers for a fee. Plat, administrative: A replat or subdivision of land totaling ten acres or less, and involving four or fewer lots fronting on an existing streets and not requiring the creation of any new street or the extension of municipal facilities or the aggregation of multiple lots into one lot. Plat, amending: A plat, previously approved by the commission and duly recorded, which is resubmitted to the commission for re -approval and recording which contains dimensional or notational corrections or erroneous information contained on the originally approved and recorded plat. An amending plat is not to be considered as a replat or resubdivision and may not contain any changes or additions to the physical characteristics of the original subdivision, but is intended only to correct errors or miscalculations as allowed under the provisions of Chapter 212 of the Texas Local Government Code. Plat, final: A map or drawing of a proposed subdivision prepared in a manner suitable for recording in the appropriate County records and prepared in conformance with section 86-8(c) et seq. of this chapter. Plat, preliminary: A map or drawing of a proposed subdivision illustrating its development features for review, prepared as specified in section 86-8(b) et seq. of this chapter. Plat, street dedication: A map or drawing suitable for recording in the appropriate county records illustrating the location of a right-of-way intended for dedication within a specific tract of land. Public Improvements Criteria Manual (PICNO: The set of standards set forth by the director of planning and development department and approved by the city council to determine the specific technical requirements for construction of public improvements. The manual may be acquired from the planning and development department, and is on file in the city secretary's office. Reserve: A parcel of land within a subdivision plat or development site plan reserved from current development. A reserve may be restricted to a special use such as drainage, recreation or common area. Reserves within the subdivisions not restricted in use may be shown as "unrestricted". Resubdivision or replat: The relocation or removal of existing streets or lots by re -platting as allowed under the provisions of Chapter 212, Texas Local Government Code, and as amended. Right-of-way: A strip of land acquired by reservation, dedication, prescription or condemnation and used or intended to be used as a road, utility installation, crosswalk, railroad, electric transmission lines, or other similar use. Special use sites: A location shown on the comprehensive plan where a proposed school, park, public building or other public facility is to be located. Streets, collector: A street designed to serve equally the functions of access and movement. Collector streets serve as links between local streets and arterials. Street, cul-de-sac: A local street having one end open to vehicular traffic and having one closed end terminated by a turnaround. Street, local: A neighborhood or minor street whose primary purpose is to provide access to abutting properties. Street, primary arterial: An expressway, freeway, or primary thoroughfare whose primary function is the movement of traffic. Street, private: A vehicular access way, under private ownership and maintenance, providing access to buildings containing residential dwelling units without direct access to an approved public street right-of-way. Parking lots and private driveways within shopping centers, commercial areas and industrial developments shall not be considered as private streets. Street, public: A publically owned or maintained right-of-way, however designated, dedicated or acquired, which provides vehicular access to adjacent properties. Street, secondary arterial: A primary thoroughfare whose predominant function is the movement of traffic but which provides more access than normally associated with a primary arterial. Street, stub: A public street not terminated by a permanent circular turnaround, ending adjacent to undeveloped property or acreage and intended to be extended at such time as the adjacent undeveloped property or acreage is subdivided or developed. Street, thoroughfare: A public street designed for heavy traffic and intended to serve as a traffic artery of considerable length and continuity throughout the community and so designated on the latest edition of the thoroughfare plan as contained in the city's comprehensive plan. Subdivider: Any owner or authorized agent thereof, proposing to divide, or dividing, land so as to constitute a subdivision according to the terms and provisions of this chapter. A subdivider is further defined to be a developer. Subdivision: A division of any tract of land into two or more parts for the purpose of laying out any subdivision or any tract of land or any addition to the city, or for laying out suburban lots or building lots, or any lots, and streets, alleys or parts or other portions intended for public use or the use of the purchasers or owners of lots fronting thereon or adjacent thereto. A subdivision includes re- subdivision (replat) but it does not include the division of land for agricultural purposes in parcels or tracts of five acres or more and not involving any new streets, alleys or easements of access. A subdivision is further defined to be a development. Subdivision, major: Any subdivision not qualifying as a minor subdivision, as the term "minor subdivision" is defined herein. Subdivision, minor: A subdivision involving less than ten acres of land, which has no common area or reserves, has no adjacent stub street right of ways, and requires no change to the city's comprehensive plan. Submittal date: The date and time specified in this chapter when plans, plats, related materials and fees must be received by the city prior to the next regular meeting of the commission in order to be considered at such meeting. The "submittal date" is not to be considered as the "filing date" as herein defined. ,Surveyor: A surveyor licensed by the Texas Board of Professional Land Surveying. Title certificate (abstractor's certificate, planning letter): A certificate prepared and executed by a title company authorized to do business in the State of Texas or an attorney licensed in the State of Texas describing all encumbrances of record which affect the property together with all deeds recorded from and after the effective date of this chapter which shall include any part of the property included in a subdivision plat or development site plan. Waiver: Permission granted in writing by the commission to depart from the literal requirements of this chapter. Zoning ordinance: The zoning ordinance of the City of La Porte, Texas, codified as chapter 106 in the La Porte Texas Code of Ordinances, together with any amendments thereto. Sec. 86-5. - Pre -development applicant consultation. (a) The developer or owner of land may choose to schedule a pre -development applicant consultation (PAC) meeting with the director. The PAC meeting is intended to provide information on the city's review process, procedures and requirements and allow for dialogue between the city and developer or owner of land prior to submittal of any development application outlined in this chapter. Sec. 86-6. - General plans. (a) General plans are required for all phased projects involving major subdivisions or major developments. The general plan is to be designed to illustrate the general design features of a subdivision or development which is proposed to be developed or platted in phases or sections. This plan, when approved by the commission, constitutes a guide which the commission will refer to in the subsequent review of plans or plats that cover portions of the land contained within the general overall plan and adjacent properties. Should the developer's future plans change, such changes are to be disclosed to the department by filing a new general plan. (b) Application shall be submitted to the department at least three weeks before the date which commission review is requested, unless otherwise approved by the director. (c) Application shall consist of all required documentation submitted either electronically or one paper copy in a 24 -inch by 36 -inch format. (d) The following information must be submitted as part of a general plan submission: (1) Application and applicable fee. (2) Development checklist. (3) Project description letter. (4) Any additional information required by the director. (5) The general plan shall graphically contain the following: a. Name of the development. b. Legal description of the site. c. Existing and proposed zoning. d. Name and contact information of the developer. e. Name and contact information of the project design team. f. Developer/owner signature block. g. City approval signature block. h. Scale of plan in engineering format. i. North arrow. j. Vicinity map showing relation of development to surrounding streets, railroads and watercourses. k. Perimeter boundary of the property. 1. Identification of each phase of development and proposed land use/s for each phase. m. Label adjacent subdivisions, streets, easements, water courses, acreage tracts, and other natural and manmade features. n. Show land contours at one -foot intervals. o. Identify required building lines adjacent to all existing or proposed public and private streets and alleys. p. If building locations are known, include the footprint of each building, indicating the building type, building height, number of stories, floor area, and density of residential development. q. Show rights-of-way for all streets and alleys either existing or proposed within or adj acent to the general plan boundaries. Indicate right-of-way width of all streets as identified in the PICK Identify whether streets are intended to be public or private. r. Indicate approximate location, widths, and types for all easements whether existing or proposed within or adjacent to the general plan boundaries. s. Identify the location of all existing public utilities within or adjacent to the general plan boundaries and how each phase of development will connect with those utilities. t. Show approximate boundary of flood hazard area as taken from the official FEMA flood insurance rate maps adopted by the city or other sources approved by the Director. u. Stormwater drainage plan showing general drainage basins and possible location for on-site detention if required. v. Traffic study or written documentation from the director that the development does not necessitate a traffic study. w. Other information required by the director. (e) Within 30 days of submittal of an administratively complete application, the director shall schedule the general plan on the planning and zoning commission agenda for review by the commission. (f) General applications shall comply with all applicable city ordinances and statutes prior to approval by the commission. The commission shall review the general plan and take one of the following actions: (1) Approve the general plan as filed. Commission approval of the general plan authorizes the developer to file a preliminary plat or a development site plan. (2) Conditionally approve the general plan as filed, provided, the reasons for such conditional approval are stated in writing and a copy of the statement is signed by the chairman of the commission. Commission conditional approval requires submission of an amended General Plan and additional documentation as specified by the planning commission for final commission approval, which may be filed concurrently with the next preliminary plat or development site plan, as the case may be. (3) Disapprove the general plan as filed, provided, the reasons for such disapproval are stated in writing and a copy of the statement is signed by the chairman of the commission. Commission disapproval of a general plan requires submission of a new general plan. (g) The original approved mylar of the general plan shall be retained by the department in the official files of the commission. No subsequent plan or plat will be approved until the original mylar has been delivered to the department. (h) In the event the developer or subdivider fails to file a preliminary plat or development site plan within one year of commission approval of the general plan, approval of said general plan shall terminate upon written notice to the subdivider, developer, or owner. (i) The developer, subdivider, or owner may request in writing a one year extension specifying the reason why the document has not been filed. Sec. 86-7. - Development site plans. (a) General. (1) The following sections of this chapter outline procedures for preparing and obtaining approval for developments not defined herein as subdivisions. Except as noted in subparagraph (2) below, it shall be a violation of this chapter for any person to develop property within the City of La Porte without first: a. Filing a development site plan and required documentation for approval; b. Having said development site plan approved according to the procedures set forth herein; and c. Obtaining a development authorization. (2) No development site plan shall be required as provided for herein in the case of development that is solely and strictly a subdivision (as that term is defined herein) and the requirements of section 86-8(c) of this chapter have been satisfied for each subdivision. (3) For both major and minor developments, the development site plan is shall be drawn accurately to scale with exact dimensions by an engineer. When accompanied by all other required documentation, development site plans shall contain sufficient detail for evaluation of the proposed development. (4) The following information must be provided as part of a development site plan submission: a. Application and applicable fee. b. Development checklist. c. Project description letter. d. Drainage Plan and/or calculations as required by the director. e. Exterior building elevations for sites subject to the city's Design Guidelines (Chapter 106, Article IX). f. Traffic impact assessment, if required by the director. g. Any additional information required by the director. h. Development site plan showing the location of all improvements on the site, whether existing or proposed. Proposed improvements shall be in compliance with all applicable local, state and federal requirements. The development site plan shall contain the following graphical information: 1. Name of development 2. Type of development 3. Description of land within proposed development: " acres out of the Survey, Abstract Number , Harris County, Texas." 4. Legal description of development, including blocks and lots or reserves or a metes and bounds description of the property boundary. 5. Name of owner or authorized representative. 6. Name of developer. 7. Name of planning consultant. 8. Filing date of application. 9. Engineering Scale. 10. North arrow 11. Vicinity map that shows relation of development to surrounding streets, railroads, and water courses. 12. Perimeter boundaries of development including dimensions. 13. Indicate all building lines on the site. Show shortest distances from each building to nearest property line. 14. Indicate name, location and recording information for adjacent properties, streets, easements, water courses, acreage tracts, and other natural or manmade features. 15. Parking table that labels existing and proposed parking in comparison to the required parking for the development. 16. Landscape table that labels existing and proposed trees and shrubs, including name of plant species, quantity and size. 17. Identify topography and label contours in one -foot intervals. Include cut and fill changes to the site. 18. Define high banks and flow lines of water courses. Define post -development limits of other natural or manmade physical development obstacles. 19. For mobile home parks, show proposed layout of mobile home sites and reserves. Number sites and blocks consecutively. Draw boundaries of sites the same way as for subdivision lots. Indicate size of each site in square feet. Designate usage of each reserve, such as recreation, laundry drying, and dead storage. 20. Draw perimeter of, dimension, and identify type and usage of each existing or proposed structure or site improvement, including parking lots, security lighting, driveways, curb cuts, culverts, water lines, fire hydrants, sanitary sewers, storm drains, natural gas lines, electrical lines, telephone lines, walkways, landscaping and other site improvements. 21. Show rights-of-way of all streets and alleys, either existing or proposed, within the plat boundaries and immediately adjacent thereto. Show right of way width at points of curvature or tangency, at one point within tangent segments, and at changes in width. 22. Provide names of all existing and proposed streets located within the plat boundaries and immediately adjacent thereto. Any proposed street name cannot be duplicates of any street name in current use, unless continuations of existing streets. 23. Indicate location, widths and types of for all existing and proposed utilities and easements on the site, including, but not limited to, water line, sanitary sewer, drainage, power. Label recording information for existing easements. 24. Show boundary of flood hazard area and shade areas within lot boundaries inside flood hazard area. Show finished floor elevation of buildings inside flood hazard area. 25. All required dedication statements and certificates must be included. (b) Minor development site plan. (1) Application shall be submitted to the department at least two weeks before the date which director review is requested. Application shall consist of all required documentation submitted either electronically or one paper copy. (2) The director is the approving authority for all minor developments site plans. Following review of the minor development site plans, the director shall, within two weeks of the filing date, take one of the following actions: a. Approve the minor development site plan as filed. Approval of a minor development site plan and all accompanying documentation by the director, together with approval of public improvement construction documents by the director, results in issuance of a development authorization by the department. b. Conditionally approve the minor development site plan as filed, provided, the reasons for such conditional approval are stated in writing and a copy of the statement is signed by the director. Conditional approval of a minor development site plan requires that the developer satisfy the conditions established by the department. Once the stated conditions have been satisfied, the minor development site plan and accompanying documentation may be resubmitted for department approval. c. Disapprove the minor development site plan as filed, provided, the reasons for such disapproval are stated in writing and a copy of the statement is signed by the director. Disapproval of a minor development site plan requires filing of a new minor development site plan. (3) Department action shall be noted on three copies of the minor development site plan, which shall be distributed to the developer, department and the city code enforcement division. (4) Unless stipulation for additional time is agreed to by the developer, if the director fails to act within four weeks from the date of submittal of the minor development site plan the developer may submit a written request to the city manager for an investigation into the director's failure to act, in answer to which the city manager shall issue a report within two weeks, unless the director has sooner acted on the submitted plan. (5) Director disapproval of a minor development site plan may be appealed to the commission within 20 days of the mailing of a written notice of disapproval. Once the appeal has been filed, the minor development site plan will be presented to the commission for its ruling as specified for major development site plans in subparagraph (c) below. The following materials must be filed with the city secretary for an appeal: a. A copy of the director's disapproval letter. b. A letter stating the basis of appeal. c. A copy of the minor development site plan. (6) Prior to issuance of a certificate of occupancy, a final inspection of all improvements must be completed by city inspectors. However, the developer shall have the option to utilize a third party engineer in place of city inspectors to certify that all improvements have been installed in accordance with the approved minor development site plan. (c) Major development site plan. (1) Application shall be submitted to the department at least three weeks before the date which commission review is requested. Application shall consist of all required documentation submitted either electronically or one paper copy. (2) The commission is the approving authority for all major development plans. Following review of the major development site plan, the commission shall take one of the following actions: a. Approve the major development site plan as filed. Approval of a major development site plan and all accompanying documentation by the commission, together with approval of construction documents for any proposed public improvements by the director results in issuance of a development authorization by the department. b. Conditionally approve the major development site plan as filed, provided, the reasons for such conditional approval are stated in writing and a copy of the statement is signed by the chairman of the commission. Conditional approval of a major development site plan requires that the developer satisfy the conditions established by the commission. Once the stated conditions have been satisfied, the major development site plan and accompanying documentation may be refiled for commission approval. c. Disapprove the major development site plan as filed, provided, the reasons for such disapproval are stated in writing and a copy of the statement is signed by the chairman of the commission. Disapproval of a major development site plan requires filing of a new major development site plan. (3) Commission action shall be noted on four copies of the major development site plan, which shall be distributed to the developer, department, city code enforcement division, and official commission files. (4) Unless stipulation for additional time is agreed to by the developer, the failure of the commission to act within 30 days from the date of submittal of the major development site plan the developer may submit a written request to the city manager for an investigation into the director's failure to act, in answer to which the city manager shall issue a report within two weeks, unless the director has sooner acted on the submitted plan. (5) Prior to issuance of a certificate of occupancy or final inspection of any improvements included in an approved major development site plan, a letter signed and stamped by a licensed engineer must be submitted to the planning and development department certifying that all improvements have been installed in accordance with the approved major development site plan. (d) Amendments to minor and major development site plans. (1) Amendments to minor and major development site plans are those that provide for rearrangement or reconfiguration of floor plans or building elevations, modifications to parking areas, landscape areas, drainage facilities, utilities or other site improvements. An amendment may only occur to a site plan that has an active building permit on file. (2) Said modifications shall: a. Comply with all requirements of chapter 106 of the city's Code of Ordinances and other applicable city regulations. b. Not conflict with the comprehensive plan. c. Not change the character of the development or the intent of the original plat approval. (3) The director is the approving authority for all amendments to site plans. Following review of the amendment, the director shall, within two weeks of the filing date, take one of the following actions: a. Approve the amendment as filed. Approval of an amendment shall be clearly noted on the originally approved site plan, along with any conditions required by the director. b. Disapprove the amendment as filed, provided, the reasons for such disapproval are stated in writing and a copy of the statement is signed by the director. (4) Director disapproval of an amendment may be appealed to the commission within twenty (20) days of the written notice of disapproval. Once the appeal has been filed, the amendment will be presented to the commission for its ruling as specified for major development site plans in subparagraph (c) above. Sec. 86-8. - Subdivision plats. (a) The following sections outline procedures for preparing and obtaining approval of subdivision plats for residential, commercial, or industrial properties. All final subdivision plats must be recorded in the county map records. (b) Preliminary plat. (1) Preliminary plats are required for all major subdivisions and shall be consistent with the approved general plan, if applicable. (2) Application shall be submitted to the department at least two (2) weeks before the date which commission review is requested. Application shall consist of all required documentation submitted either electronically or one paper copy. (3) The following information must be provided as part of a preliminary plat submission: a. Application and applicable fee. b. Development checklist. c. Project description letter. d. Any additional information required by the director. e. The preliminary plat shall graphically contain the following (ensure compliance with PICM standards, where applicable): 1. Name of subdivision, which cannot be similar to that of an existing subdivision. 2. Type of development. 3. Description of land on which subdivision lies: " acres out of the Survey, Abstract Number Harris County, State of Texas." 4. Date. 5. Scale in engineering format. 6. North arrow. 7. Name of developer and property owner. 8. Name of surveyor and/or engineer preparing the plat. 9. Total number of lots, blocks and reserves. 10. Indicate size of each lot and reserve. 11. Vicinity map in relation to surrounding streets, railroads and water courses. 12. Label adjacent properties including ownership information and HCAD parcel identifications, where applicable. 13. Show all physical features of the site including high banks of water courses and any other natural or man-made physical development obstacles. 14. Draw perimeter boundaries of the subdivision. 15. Show proposed layout of blocks and lots or reserves within blocks. 16. For reserves: Draw boundaries for and designate area (in square feet and acres) for unrestricted reserves and those dedicated for restricted usages, such as those for drainage, recreation, parkland, or other uses (indicate intended usage and existing zoning). 17. Label contours at one -foot intervals. 18. Show and label all rights-of-way of all streets and alleys, either existing or proposed, within the plat boundaries and immediately adjacent thereto. Indicate right-of-way width between points, curvature, tangency and at changes in width. 19. Provide names of all existing and proposed streets located within the plat boundaries and immediately adjacent thereto. Street names cannot be duplicates of any street names in current use, unless continuations of existing streets or as part of a historical grid pattern. 20. Label location, widths and types of all easements, either existing or proposed, within the platted area or immediately adjacent thereto. Include any recording information on any existing easements. 21. Show nearest city approved survey monument and exact bearing (nearest second) and distance (nearest hundredth of a foot) to a defined point on the perimeter boundary of the property. 22. Show location of all proposed survey control monuments to be installed by the developer pursuant to section 86- 15 of this chapter. 23. Show boundary of flood hazard area/s as adopted by the city. 24. Show location of all existing and proposed storm drainage, sanitary sewer system, and water lines. 25. For condominium developments: Draw the footprint of each building site and show overall dimensions and building type for each building. Show shortest distances from each building to nearest building and property line. For each building type, draw to larger scale the plan of each building type, showing all perimeter wall dimensions and the dimensions and location of walls between units. Designate each unit type and floor area in square feet. (4) Preliminary plat applications shall comply with all applicable city ordinances and statutes prior to approval by the commission. The commission shall review the plat and take one of the following actions: a. Approve the preliminary plat as filed. b. Disapprove the preliminary plat as filed, provided, the reason for such disapproval is stated in writing and a copy of the statement is signed by the chairman of the commission. Disapproval may also include conditions for resubmittal of preliminary plat. (5) Unless stipulation for additional time is agreed to by the subdivider, the failure of the commission to act within thirty (30) days from the date of the filing of the plat by the developer, will cause the plat to be deemed approved. (6) The original approved mylar of the preliminary plat shall be retained by the department in the official files of the commission. (7) In the event the subdivider fails to file a final plat within one year of approving authority approval of the preliminary plat, approval of said preliminary plat shall terminate upon written notice to the subdivider or owner. The subdivider or owner may request in writing a one year extension specifying the reason why a final plat has not been filed. (c) Final plat. (1) Final plats are required for all subdivision, and shall be consistent with the preliminary plat if applicable. Final plats of subdivisions are drawn accurately to scale with exact dimensions. Complete instructions for preparing final plats are contained in Appendix D. (2) In conjunction with the filing of the final plat, the subdivider or developer shall file a proposed set of covenants, restrictions, conditions, and reservations, affecting the property enclosed within the final plat. The covenants and restrictions shall include provisions creating an association of lot owners charged with the responsibility of promoting the recreation, health, safety, and welfare of the members of the association, and for the improvement and maintenance of any common areas, compensating open space, private streets, alleys, or parking areas included within the final plat. The association shall be empowered to levy assessments to be used exclusively in the enforcement of the covenants, restrictions, conditions, and reservations affecting the property enclosed in the final plat, and for the furtherance of its responsibility of improving and maintaining any common areas, compensating open space, private streets, alleys, parking areas or other private improvements included within the final plat. The assessments levied shall be a charge on the land and shall be a continuing lien on the property against which each such assessment is made. (3) The proposed set of covenants, restrictions, conditions and reservations filed shall be submitted to the City Attorney of the City of La Porte, who shall review the documents and insure that the form of the documents complies with this chapter. (4) Application shall be submitted to the department at least two weeks before the date which commission review is requested. Application shall consist of all required documentation either electronically or one paper copy. (5) The following information must be submitted as part of a final plat submission: a. Application and applicable fee. b. Development checklist. c. Title certificate, abstract, or planning letter. d. Complete public street construction drawings for approval by the director. e. Complete public utility construction drawings for approval by the director. f. List of coordinates for each point to be marked in the final field survey. Each point on the list is to be assigned a unique number code. A copy of the final plat, marked with the locations of each number code, is to be submitted as well. g. Letters from the servicing utility companies approving of the easements shown on the plat. h. Copy of deeds for any private easements within the subdivision. i. Commitment of park dedication as required in section 86-11 of this chapter. j. A letter, statement or instrument from the holder of any privately owned easement or fee strip within the subdivision boundaries approving any crossings of said existing easement or fee strip by proposed streets, utilities, or easements shown on the plat. If adjustment of existing utilities is required, said letter shall specify the nature of the adjustments and the approval of the owner for such adjustments. k. Set of covenants, restrictions, conditions, and reservations, affecting the property enclosed within the final plat. 1. Title information as required in section 86-15(n) of this chapter. in. Any additional information required by the director. n. Final plat to graphically contain the following (ensure compliance with PICM standards, where applicable): 1. The graphical requirements outlined for a Preliminary Plat in Section 86-8(b)(3)(e), items 1-22. 2. Metes and bounds description in map for with appropriate bearings and distances. 3. Owners' acknowledgement statement. 4. Lienholders' subordination agreement, where applicable. 5. Plat accuracy certificate. 6. Final survey certificate. 7. Approving authority certificate. 8. Harris County Clerk filing statement. 9. Permanent access easement must be labeled for any proposed private roads. 10. Any other special statements required by the director. (6) Unless stipulation for additional time is agreed to by the subdivider, the failure of the commission to act within 30 days from the date of the filing of the plat by the developer, will cause the plat to be deemed approved. (7) Final plat applications shall comply with all applicable city ordinances and statutes prior to approval by the commission. The commission shall review the plat and take one of the following actions: a. Approve the final plat as filed. Such approval of a final plat as filed and all accompanying documentation by the commission, together with approval of public improvement construction documents by the director shall result in issuance of a development authorization by the department which permits the developer to begin construction of subdivision improvements. b. Disapprove the final plat as filed, provided the reasons for such disapproval are stated in writing and a copy of the statement is signed by the chairman of the planning commission. Such disapproval requires filing of a new final plat. (8) Notice of the commission's action shall be forwarded to the applicant. (9) A final plat shall not be recorded until executed by the director and by the commission. Before the final plat is executed, the developer shall follow the procedure provided for in section, and construct the proposed improvements according to the approved plans and specifications. In the event the developer or owner fails to commence construction of such improvements within one year of development authorization, approval of the final plat shall terminate upon written notice from the commission to the developer or owner. The developer or owner may request in writing one year extension specifying the reasons why construction has not commenced. The commission shall not sign and deliver a copy of the plat to be recorded, nor shall such final plat be recorded, if such proposed improvements are not completed within two years of commencement of construction, and approved by the director. In the event the developer or owner fails to complete construction of such improvements within two years of commencement of construction, approval of the final plat shall terminate upon written notice from the commission to developer or owner. The developer or owner may request a one year extension in writing from the director specifying the reasons why construction had not been completed. The final plat shall not be recorded unless the deed restrictions called for herein are recorded simultaneously with the recordation of the final plat. (10) After recordation with Harris County, the original recorded mylar film of the final plat shall be retained in the official files of the commission. (d) Administrative plat. (1) The same submittal requirements for a final plat approval apply to an administrative plat. (2) Administrative plat applications shall comply with all applicable city ordinances and statutes prior to approval by the director. The director shall review the plat and take one of the following actions: a. Approve the preliminary plat as filed. b. Disapprove the preliminary plat as filed, provided, the reason for such disapproval is stated in writing. Disapproval may also include conditions for resubmittal. If said plat is disapproved, the applicant may elect to refer the plat to the commission for consideration. (3) The director may, for any reason, elect to present the plat to the commission for approval of the plat. (4) Unless stipulation for additional time is agreed to by the subdivider, the failure of the director to act within 30 days from the date of the filing of the plat by the developer, will cause the plat to be deemed approved. (e) Replat of recorded subdivision plats. (1) A replat or re -subdivision of a recorded subdivision plat, or a portion thereof, but without vacation of the immediate previous plat, is hereby expressly authorized to be recorded and shall deemed valid and controlling when: a. It has been signed and acknowledged by only the owners of the particular property which is being replatted or re - subdivided on the acknowledgement shown in Enclosure 1 to Appendix D; b. It does not attempt to alter, amend or remove any covenants and restrictions; c. There is compliance, when applicable, V.T.C.A. Local Government Code, §§ 212.014 and 212.0145; d. It has been approved by the commission after being prepared and filed as though it were an original plat as specified in subparagraph "c" of this section; and e. All expenses incurred by the city or the subdivider in the replat process shall be borne by the subdivider, including costs of notice at public hearing. (f) Amending plat (of recorded subdivision plats). (1) An amending plat may be filed for record in the county map records to correct dimensional errors, notational errors or other erroneous information, to add to or delete monuments, or to relocate a lot line between adjacent lots, as allowed in V.T.C.A. Local Government Code, § 212.016, provided: a. The signed amending plat certificate shown on enclosure 4 to appendix D is placed on the face of the amending plat; b. The planning and zoning commission certificate shown on enclosure 4 to appendix D is placed on the face of the amending plat and; c. Commission approval of said amending plat is reflected by commission execution of said certificate. (2) The planning director of the City of La Porte may approve amending plats and execute certification of same as set forth above in lieu of the planning commission, as allowed in V.T.C.A. Local Government Code, § 212.0065. The director of planning may, for any reason, elect to present the amending plat to the commission for approval. The director of planning shall not disapprove the amending plat and shall refer any plats which are refused to the planning commission within the time parameters as delineated in V.T.C.A. Local Government Code, § 212.009. (g) Vacating plat (of recorded subdivision plats). (1) The vacation of subdivision plats, which is authorized and regulated by V.T.C.A. Local Government Code, § 212.013, shall be permitted, provided: a. All owners of all property contained within the previous plat sign the vacation of subdivision declaration shown on enclosure 5 to appendix D; b. Approval of the commission is obtained and reflected by commission execution of the certificate shown on enclosure 5 to appendix D; and c. Said owners declaration and commission approval certificate is recorded as a single instrument in the county records as required by V.T.C.A. Local Government Code, § 212.013. Secs. 86-9-86-14. - Reserved. Sec. 86-15. - General standards for subdivision and developments. (a) Streets and alleys. (1) Street classification system. The street pattern of the city should provide adequate circulation while discouraging through traffic within local neighborhoods. This may be accomplished by providing thoroughfares spaced at approximately one -mile intervals and collector streets within neighborhoods spaced at about half -mile intervals to link local streets to the thoroughfare network. (2) Street width. Public or private streets shall have a minimum pavement width of 28 feet. Public or private alleys shall have a minimum pavement width of 20 feet. (3) Thoroughfare extension. Right of way widths for thoroughfare extensions shall be as indicated in the PICM along the entire frontage of the tract being developed. Where the existing dedicated right of way width fronting the adjacent property is less that shown in the PICM, a transition zone of 300 feet of frontage of the new development shall be provided between the existing and new right of ways. (4) Continuation of adjoining streets. The arrangement of streets in new developments shall make provisions for the appropriate continuation of existing streets from adjoining properties. (5) Future projections of streets. Where adjoining areas are not developed, but may be developed, the arrangement of streets in a new development shall make provisions for the proper projection of streets into adjoining areas by carrying the new streets to the boundaries of the new development at appropriate locations. All such streets shall be designed in accordance with the PICM. (6) Provisional one foot reserve. Required along the side or end of streets that abut acreage tracts. The note shall be notated on the final plats and street dedication plats, where appropriate. (7) Street names. Street names shall be the same as existing street names, if they are continuations of existing streets. Otherwise, no street name shall be permitted that is a duplicate of an existing or proposed street name within the city. Proposed new names must be submitted to the department for checking prior to the submittal of first plat or plan. The developer shall provide street name signs in accordance with the PICM. (8) Alleys. Alleys may be provided within any subdivision or development to provide secondary vehicular access to building sites which otherwise have their primary access from an adjacent public street. Alleys shall not be used or designed to provide principal access to any tract of land and shall not provide access to property outside the development boundaries in which the alleys are located. Dead end alleys are not permitted. (9) Private streets and alleys. Streets and alleys in which the developer proposes to privately maintain in perpetuity through a community association or other approved means are to be designated as "private" on the plat. Design and construction of such streets and alleys will be identical to design and construction standards for public streets. Right of way lines may be coterminous with the edge of pavement. (b) Engineering data. Please see the PICK (c) Lots. The following standards shall apply to all lots: (1) The lot design of a subdivision or development should provide for lots of adequate width and depth to provide open area and to eliminate overcrowding. (2) Lots should be rectangular so far as practicable and should have the side lot lines at right angles to streets on which the lot faces or radial to curved street lines. (3) Lots with double frontage are prohibited except when backing on major thoroughfares and upon approval by the planning commission. (4) All lots shown on the plat will be for residential purposes unless otherwise noted. (5) Side lot lines should be perpendicular or radial to street frontage and the following note may be in lieu of bearings. "All side lot lines are either perpendicular or radial to street frontage unless otherwise noted." (6) Driveway access to thoroughfares shall be prohibited. (7) Double front lots are prohibited except when backing on major thoroughfares or on corner lots. (8) Lots shall be sized in accordance with the requirements of chapter 106, zoning. (d) Drainage easements. The following standards shall apply to all drainage easements: (1) The location and width of all easements shall be determined by the director for all plats or plans within the cities jurisdiction, and by the director in conjunction with Harris County Flood Control District (HCFCD) for all easements that HCFCD may have an interest in. (2) Easements for drainage adjacent to lots, tracts, or reserves shall be recited on the final plat, in accordance with the language approved by the director. (e) Utility easements. The developer shall coordinate all public and private utility easements with the applicable entity as required in this chapter. (f) Platting of public streets or easements across private easements or fee strips. The following shall apply when platting of public streets or easements across private easements or fee strips: (1) A copy of the instrument establishing any private easement shall be submitted with the development site plan or the preliminary plat as reflected by the title certificate submitted. (2) Easement boundaries must be tied by dimensions to adjacent lot and tract corners. Where the private easement has no defined location or width, an effort shall be made to reach agreement on a defined easement. Where no agreement can be reached, then existing facilities shall be accurately located and tied to lot lines, and building setback lines shall be established as specified in section 5.04. (3) Prior to approval of the final plat or development site plan, the developer or dedicator of any subdivision plat or development site plan, wherein public streets or easements are shown crossing private easements or fee strips, shall by letter to the commission assume responsibility for seeing that any adjustments and protection of existing pipelines, electrical transmission lines, or other facilities shall be planned and provided for to the satisfaction of the holder of the private easements or fe e strips and the director prior to the filing of the plat or plan for record. (4) Prior to filing of the final plat or development site plan for record, the following requirements must be met: a. The developer or dedicator of any plat or plan shall obtain from the holder of any private easement or fee strip within the plat or plan crossed by proposed streets or other public easements an instrument granting to the public the use of said public streets or easements over and across said private easements or fee strips for construction, operation, and maintenance of those public facilities normally using the type of public streets and easements indicated. This instrument shall be delivered to the commission to be filed for record along with plat or plan. b. The developer shall furnish the commission with a letter from the holder of the private easements or fee strips in questions stating that arrangements for any required adjustments in pipelines, electrical transmission lines, or other similar facilities have been made to the satisfaction of the holder of the easements. (g) Monumentation requirements. The following are requirements for monumentation for subdivisions and developments: (1) Subdivisions. a. Permanent control monuments, one for each five acres of property or fraction thereof, shall be placed along streets centerlines or at subdivision corners. The location of control monuments shall be approved by the department at the preliminary plat stage and shown on the final plat. The construction of permanent control requirements shall be in accordance with the PICM. b. At least one control monument shall be accurately tied, by angle and distance to an approved City of La Porte monument. Elevation shall be established for each control monument installed. Datum shall be supplied or approved by the department. c. Elevations and coordinate values for each control monument shall be submitted in accordance with language approved by the director and approval by the department prior to execution of the final plat. d. All corners of the subdivision, all angle points and points of curvature in the subdivision boundary, all block corners, all angle points and points of curvature in each street right of way shall be marked with iron rod not less than three-fourths of an inch in diameter and 30 inches in length, placed flush with the finished ground elevation. e. All lot corners shall be marked with iron rods not less than five-eighths of an inch in diameter and 30 inches in length, placed flush with the finished ground elevation. f. All required monumentation shall be completed prior to final acceptance of the subdivision and execution of the plat. (2) Major developments. a. Permanent control monuments, one for each five acres of property or fraction thereof, shall be placed along street centerlines or at corners of the development. The location of control monuments shall be approved by the department and shown on the development site plan. The construction of permanent control monuments shall be in accordance with the PICM. b. At least one control monument shall be accurately tied, by angle and distance to an approved City of La Porte monument. Elevations shall be established for each control monument installed. Datum shall be supplied or approved by the department. c. Elevation and coordinate values for each control monument shall be submitted and approved by the department prior to or concurrent with acceptance of all public improvements. d. All lot corners within the development shall be marked with iron rods not less than five-eighths of an inch in diameter and 30 inches in length, placed flush with the finished ground elevation prior to commencement of any building construction. (3) Minor developments. a. All lot corners of minor developments shall be marked with iron rods not less than five-eighths of an inch in diameter and 30 inches in length, placed flush with the finished ground elevation. Lot corners shall be established and placed prior to commencement of any building construction. (h) Public improvements. (1) The developer shall pay all costs for providing the development with streets, water mains, sanitary sewers, and storm sewers in accordance with plane and specifications for such improvement approved by the director and in the manner set out in the adopted utility extension policy. The subdivider shall pay all costs associated with street lighting as set out in the PICM. (2) The subdivider or developer shall guarantee construction of all approved public improvements as provided in this section and in conformance with the adopted PICM. (3) The installation of the approved improvements shall be under the inspection of the director or his representative and the director shall certify the installation as being in accordance with the approved plans and specifications before the commission will execute a subdivision plat for recordation, or before the city will accept said public improvements for maintenance. (i) Reimbursement for oversizing. (1) All improvements required in a subdivision or development will be installed at the developer's cost, unless otherwise provided. The cost of utilities and streets which are required by the city to be larger than would be normally needed to serve the proposed addition will be partially reimbursed. The reimbursable amount will be the difference between the cost of the facilities that would be adequate to serve the addition and the cost of the facilities required by the city. A reimbursement contract will be negotiated between the city council and the developer. (j) Record drawings. (1) The engineer representing the developer must present to the Director project information electronically to the city, reproducible complete "record drawings" for all paving, drainage structures, water lines and sewer lines within 30 days after completion of each contract. The director will not certify approval of public improvements construction until record [all] drawings have been submitted. (k) Fees. Filing/application fees for plats, plans, waivers or other requirements as established in this chapter shall be in an amount established by the city and listed in appendix A of this Code. (1) Plat/plan graphic symbols. The following line symbols are established for all plans and plats: (1) Boundaries: Show perimeter boundaries, right of ways and boundary lines between development phases in bold solid lines �). Use solid lines for block and lot boundaries. (2) Building lines: Indicate by long dashes separated by short dashes ( ). (3) Easements: Indicate by short dashes ( ). (4) Stream and depression high banks: indicate by long dashes separated by three short dashes ( ). (5) Edge of flood hazard area: Indicate by long dashes separated by circles ( o o o �. (6) Adjacent properties: Indicate lines outside boundaries of proposed development by long dashes ( ). (m) Plat/plan geometric standards. The following table outlines geometric standards for plans and plats: Final Item Description General Preliminary Subdivision Development Plan Subdivision Plat plat Site Plan �� � Dimensional Accuracy Standards Exact: Angles to the nearest second, distances to the nearest X X hundredth of a foot. ... ....................................................................................................................................................................................................................................................................................................................................................................................... ........................................................ . ................................................................................................... Approximate: Angles to the nearest degree, distances to the nearest X X foot. Line definition: For all lines required to be defined on a line between two points is considered as "defined" if the following information is provided: Bearing (in degree) for tangent (straight) lines X X X X Distance (in feet) for tangent (straight lines X X X X Radius of curve (R, in feet) for curvilinear lines X X X X Central delta angle (o, in degrees) for curvilinear lines X X Arc length (L, in feet) for curvilinear lines X X X X Cord length (C, in feet) for curvilinear lines X X Chord bearing (CB, in degrees) for curvilinear lines X X Lines to be defined for street rights-of-way (centerline and both edges), perimeter boundaries, lots, blocks, reserves and easements, all lines between any combination of the following points. Points of beginning or ending X X X X Lots, block, or reserve cornu rs X X X X Angle points X X X X Points of tangency or curvature X X X X Points of inflection (reserve curvature) X X X X Points of intersection with crossing lines for lots, blocks, reserves, rights-of-way, easements, stream or depression high banks, and X X flood hazard area boundaries Lines to be defined for high banks of stream or depression (no right-of-way or easement), lines between. Points defining the limits of the high bank X X X Points of intersection with crossing lines for lots, reserves, X X easements and rights-of-way ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Lines to be defines for flood hazard area, lines between. ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Points of defining the limits of the flood hazard area (consult city X X X flood zone administrator for required elevations) ®X Points of intersection with crossing lines for lots, reserves, X easements and rights-of-way (n) Title certificate information. A planning letter, certificate, abstract, or other instrument from a title guaranty company or attorney authorized to render title opinions in the State of Texas, which certifies than a search of the appropriate records was performed within 30 days of the filing date and which letter provides the following information: (1) The date of the examination of the records. (2) A legal description of the property proposed to be developed including a metes and bounds description of the boundaries of said land. (3) The name of the recorded owner of fee simple title as of the date of the examination of the records, together with the recording information or the instruments whereby such owner acquired fee simple title. (4) The names of all lienholders together with the recording information and date of the instruments by which such lienholders acquires their interests. (5) A description of the type and boundaries of all easements and fee strips not owned by the developer of the property in question together with the recording information and date of the instruments whereby the owner of such easements or fee strips acquired their title. (6) A statement certifying that no delinquent city or county taxes are due on the property being platted. Sec. 86-16. - Engineering and construction standards for subdivisions. (a) Streets and alleys. (1) All streets shall be reinforced concrete pavement on a compacted subgrade. Concrete pavement shall be provided with either an integral curb poured with the pavement or a separate curb constructed on top as required by the PICM and subject to the approval of the director. (2) Pavement design shall conform to the PICM. (3) Curb and combination curb shall be constructed of reinforced concrete. Cross section and slopes shall conform to the PICM. (4) All concrete shall be designed and controlled by a competent laboratory as required by the PICM. (b) Drainage and storm sewer. (1) Adequate drainage shall be provided within the limits of the subdivision as to reduce the community's exposure to flood hazards with respect to adjacent, upstream and downstream developments. (See also chapter 94, "Floods," of the Code of Ordinances of the City of La Porte for additional requirements.) Adequate drainage shall be provided within the limits of the subdivision and/or development. The protection of adjoining property shall be accounted for in design of the system in conformance with the PICM, and shall be subject to the approval of the director. The design and sizing of the system shall be in conformance with the PICM, and subject to the approval of the Harris County Flood Control District and the director. (2) Any person or persons that alters or changes the elevation of property shall be responsible for applying for and obtaining, prior to said change or alteration of the elevation of the property, a development authorization from the department. Any change or alteration in the elevation of property requires submission of a site plan prior to the change or alteration of property, which said site plan shall delineate the proposed change or elevation of property. Said certified site plan shall be subject to approval by the city engineer. (3) Fill dirt permit shall be required by the city. Exhibits show fill dirt regulations, grading standards, and swale standards; requiring sketch plans and approval prior to the introduction of fill material; and providing silt prevention and revegetation standards. Said fee shall be $25.00 for the first 49 loads of permitted fill dirt, and $2.00 for each additional load. Any person who places fill dirt on their property without first applying for and obtaining a fill dirt permit shall be guilty of a misdemeanor. (4) A stormwater quality permit may be required in accordance with city, state and federal law. (c) Water and sewer system. (1) The design and construction of all water and sewer systems shall be in conformance with the PICM, and subject to approval by the director. The developer or owner shall provide the necessary certificates from all other governmental agencies certifying compliance with their regulations. (d) Street lighting. (1) All public streets and non- residential parking lots where intended for use by the general public in the city must be served adequately by lights. Lighting must be located and installed in accordance with the specifications of the PICM. Secs. 86-17-86-24. - Reserved. Sec. 86-25. - Open space within subdivisions and developments. (a) Purpose. (1) It is the policy of the city to provide recreational areas and amenities in the form of neighborhood and community parks as a function of residential development in the City of La Porte. This section is enacted in accordance with the home rule powers of the City of La Porte granted under the Texas Constitution and statutes of the State of Texas, including, without limitation, V.T.C.A. Local Government Code, § 51.071 et seq. and § 212.001 et seq. It is hereby declared by the City Council of the City of La Porte that recreational areas, in the form of neighborhood parks and related amenities and improvements, are necessary and in the public welfare, and that the only adequate procedure to provide for same is by integrating such requirement into the procedure for planning and development of property of a residential subdivision in the City of La Porte, whether such development consists of new construction on previously vacant land or rebuilding and redeveloping existing residential areas. Neighborhood and community parks are those parks providing for a variety of outdoor recreational opportunities and within convenient distances from a majority of the residences to be served thereby, the standards for which are set forth in the La Porte Parks, Recreation and Open Space Master Plan, or neighborhood and community areas. The park zones established by the La Porte Parks and Recreation Department and shown on the official La Porte Parks, Recreation and Open Space Master Plan, or neighborhood area, shall be prima facie evidence that any park located therein is within such a convenient distance from the majority of residences to be served thereby. The cost of the neighborhood parks should be borne by the ultimate residential property owners who by reason of the proximity of their property to such parks shall be the primary beneficiaries of such facilities. Therefore, the following requirements are adopted to effect such purposes. In order to provide an equitable method of determination of the requirements for future development of residential areas of the City of La Porte, the following formula is hereby adopted: The population of the city based on the latest United States Census data, adjusted on an annual basis based on the predicted growth of the city as found in the parks and open space master plan for the year in which the adjustment is made, is identified. The resultant number is divided by the number of acres of available neighborhood and community parkland inventory in the City of La Porte, resulting in the number of persons per neighborhood or community park acre in the City of La Porte. This result is then divided by the number of La Porte persons per dwelling unit as identified in the latest United States Census data, giving the number of dwelling units per acre of neighborhood or community parkland. This number is then divided into the total acquisition cost for land at the average appraisal value, and development cost per acre for development of the land into a typical park as identified in the parks and open space master plan of the city. This formula provides a baseline for determining the number of dwelling units per acre rate for future development within the city, the parkland dedication or in lieu acquisition costs for parkland, and the cost of future park development. This formula shall be applied and reviewed periodically to assure that the process for future development remains fair and equitable as established herein. In the event that the periodic review results in a determination of inequity, an amendment to the ordinance to correct the inequity will be presented to council for consideration. (b) General requirement for dedication of land and payment of park development fee. (1) Whenever a final plat is filed of record with the County Clerk of Harris County, Texas, or a development site plan, or a property survey is submitted and filed with the approving authority of the city in accordance with the provisions of this chapter and other planning and development ordinances that may be contained within the Code of Ordinances of the City of La Porte, for a development of a residential area within the City of La Porte that contains one or more residential dwelling units, such plat, or site plan, or property survey shall contain a clear fee simple dedication of one acre of land for each 93 proposed dwelling units. As used in this section, a "dwelling unit" means each individual residence, including individual residences in a multi -family structure, designed and/or intended for inhabitation by a single family. Residential structures that are moved from one area of the city to another area of the city are specifically excluded from the park development fee requirements of this chapter. Any proposed plat or site plan, or property survey submitted to the City of La Porte for approval shall show the area proposed to be dedicated under this section. The required land dedication of this section may be met by a payment in lieu of land where permitted by the City of La Porte or required by other provisions in this chapter. In the event a plat is not required and a development site plan or property survey is filed, the dedication of land or payment in lieu of land required under this section shall be met prior to the issuance of a building permit by the approving authority of the city. (2) The City Council of the City of La Porte declares that development of an area less than one acre for neighborhood park purposes is impractical. Therefore, if fewer than 93 dwelling units are proposed by a plat filed for approval, the approving authority may require the developer to pay the applicable cash in lieu of land amount, as provided in subsection (c) below. (3) In addition to the required dedication of land, as set forth above, there shall also be a park development fee paid to the City of La Porte as a condition to subdivision plat approval or issuance of a building permit. Such park development fee shall be set from time to time by ordinance of the City Council of the City of La Porte sufficient to provide for the development of amenities and improvements on the dedicated land to meet the standards for a neighborhood park to serve the area in which the subdivision is located. Unless and until changed by ordinance of the City Council of the City of La Porte, the park development fee shall be calculated on the basis of $318.00 per dwelling unit. (4) In lieu of payment of the required park development fee, a developer shall have the option to construct the neighborhood park amenities and improvements. All plans and specifications for the construction of such amenities and improvements must be reviewed and approved by the approving authority. The developer shall financially guarantee the construction of the amenities and improvements, and the City of La Porte must approve same, prior to the filing of a plat in the case of platted subdivisions. Once the amenities and improvements are constructed, and after the approving authority has accepted such amenities and improvements, the developer shall deed and convey such amenities and improvements to the City of La Porte or to the applicable homeowner's association. (5) In instances where land is required to be dedicated, the approving authority shall have the right to accept or reject the dedication after consideration of the recommendation of the parks and recreation director or the planning and zoning commission, and to require a cash payment in lieu of land in the amount provided under subsection (c) below, if the approving authority determines that sufficient park area is already in the public domain for the area of the proposed development or if the recreation potential for that area would be better served by expanding or improving existing neighborhood parks. (6) When two or more developments will be necessary to create a neighborhood park of sufficient size in the same area, the parks and recreation department, at the time of preliminary plat approval, will work with the developer to define the optimum location of the required dedication within the respective plats. Once a park site has been determined, adjacent property owners who develop around the park site shall dedicate land and (or) cash to the existing site unless otherwise determined by the approving authority, as provided herein. (c) Cash payment in lieu of land. (1) A developer responsible for land dedication under this section shall be required, at the approving authority's option, to meet the dedication requirements in whole or in part by a cash payment in lieu of land, in the amount set forth below. Such payment in lieu of land shall be made prior to filing the final plat for record, or prior to the issuance of a building permit where a plat is not required. (2) The cash payment in lieu of land dedication shall be met by the payment of a fee set from time to time by ordinance of the city council sufficient to acquire neighborhood parkland. Unless and until changed by the city council, such fee shall be computed on the basis of $490.00 per dwelling unit. A cash payment in lieu of land dedication, as set forth in this section, does not relieve the developer of its obligation to pay the park development fee of $318.00 set forth in subsection (b)(3) above. The cash payment in lieu of land dedication is in addition to the required park development fee. (3) The general requirements for dedication of land and payment of park development fees and the cash payment in lieu of land are set forth graphically in table 1, attached hereto. (4) The City of La Porte may from time to time decide to purchase land for parks in or near the area of actual or potential development. If the city does purchase park land in a park zone, subsequent park land dedications for that zone shall be in cash only, the calculation of which is set forth as provided herein. Such cash payments are in addition to the payment of the required park development fee. (d) Special fund. (1) All funds collected by this dedication process will be deposited in the City of La Porte's Park Development Fund and used for the purchase or leasing of park land and the development and maintenance of same. All expenditures from the said fund will be reviewed and approved by the Office of the City Manager for the City of La Porte. (2) The City of La Porte shall account for all sums paid into the parks development fund with reference to the individual plats involved. (e) Prior dedication, absence of prior dedication. (1) If a dedication requirement arose prior to the passage of this chapter, that dedication requirement shall be controlled by the ordinance in effect at the time such obligation arose, except that additional dedication shall be required if the actual number of dwelling units constructed upon property is greater than the former assumed or planned number of dwelling units. Additional dedication shall be required only for the increase in the number of dwelling units and shall be based upon the land dedication and park development fee requirements set forth herein above. (2) At the discretion of the city, any former gift of land to the city may be credited on a per acre basis toward eventual land dedication requirements imposed on the donor of such lands. The approving authority shall consider the recommendations of the Parks and Recreation Department and the Planning and Zoning Commission in exercising its discretion under this subsection. (f) Additional requirements, definitions. (1) Any land dedicated to the city under this chapter must be suitable for park and recreation uses. The following characteristics of a proposed area are generally unsuitable and may be ground for refusal of any plat: a. Any area primarily located in the 100 -year floodway as determined by the Harris County Flood Control District. b. Any areas of unusual topography or slope which renders same unusable for organized recreational activities. (2) Drainage areas may be accepted as part of a park if the channel is constructed in accordance with city engineering standards as found in Section 5.5.3 of the Public Improvement Criteria Manual of the City of La Porte, if no significant area of the park is cut off from access by such channel, if not less than five acres of the site is above the 100 -year floodplain, or if the dedication is in excess of ten acres, not less than 50 percent of the site should be included in the 100 -year flood plain. (3) Each park must have ready access to a public street. (4) Unless provided otherwise herein, an action by the city shall be by the approving authority, after consideration of the recommendations of the commission and/or the director of parks and recreation department. (5) Any preliminary plat approved prior to the effective date of this chapter shall be exempt from these requirements set forth herein; however, however when such preliminary approval expires, any resubmission of such plat shall meet the requirements of this chapter. (g) Instruments of dedication. (1) The park land dedication required section shall be made in the case of subdivision by a reservation on the final plat as filed in the map records of Harris County, Texas, unless additional dedication is required subsequent to the filing of the final plat. In the case of a development site plan, the dedication required by the ordinance shall be made by filing of a deed to the deed records of Harris County. In either event, if the actual number of completed dwelling units exceeds the figure upon which the original dedication was based, such additional dedication shall be required, and shall be made by payment by the cash in lieu of land amount provided herein. Sec. 86-26. - Waivers. (a) In those instances where, in the opinion of the commission, strict compliance with the terms, rules, conditions, policies, and standards provided in this chapter would create an undue hardship by depriving the applicant or subdivider of the reasonable use of the land or, where, in the opinion of the commission, there are unusual physical characteristics which affect the property in question and which would make strict compliance with the terms and conditions of this chapter or any rule promulgated under this chapter not feasible, the commission may grant the applicant or subdivider a waiver as to one or more requirements as long as the general purpose of this chapter is maintained. Economic hardship shall not constitute the sole basis for granting a waiver under this section. (b) A waiver granted under the provisions of this chapter shall only to the specific property upon which the commission was requested to approve a plat and that such waiver shall not constitute a change of this chapter, or any part thereof, or establish any policy, rule or regulation contrary to the provisions of this chapter. (c) Any waiver on a recorded plat granted before the date of adoption of this chapter is hereby recognized as continuing to be valid and compliance with the provisions of this section shall not be required. (d) Any person desiring to secure a waiver as to the provisions of this chapter must submit a written request with the other materials (4.00 is sketch plans). Any request for a waiver must cite the specific rule, policy or standard contained in this chapter from which a waiver is desired. Additionally, the request must state the extent of the waiver sought and the specific facts or reasons why such waiver is needed (e) No waiver may be granted by the commission unless approved by a majority vote of the members present at the meeting of the commission at which the waiver request is presented and that where the commission affirmatively finds: (1) That the waiver would not be contrary to the general purpose and goals stated in this chapter. (2) That the waiver would not be detrimental to the public health, safety or welfare, to be injurious to adjacent property, or prevent the subdivisions or development of other land in the area in accordance with the provisions of this chapter. (f) Such finding of the commission, together with the specific facts upon which such findings are based shall be incorporated into the official minutes of the commission meeting at which such waiver was granted." Section 2. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be fined in a sum not to exceed two thousand dollars. Section 3. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have been separately passed without any other provision, and if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone. Section 4. Ordinance No. 1444, together with all amendments to Ordinance No. 1444, is expressly repealed. Furthermore, all other ordinances or parts of ordinances in conflict herewith are hereby repealed, but to the extent of such conflict only. Section 5. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 6. This Ordinance shall be effective fourteen (14) days after itspassage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Polte at least once within ten (10) days after the passage of this ordinance. PASSED AND APPROVED this, the 26" day of AUGUST, 2019. ATTEST: CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor APPROVED AS TO FORM: Lee Woodward, City Secretary Clark T. Askins, Assistant City Attorney ORDINANCE NO 2019-3755 AN ORDINANCE AMENDING CHAPTER 86 "DEVELOPMENT REGULATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, BY ADOPTING COMPREHENSIVE GUIDELINES, RULES AND REGULATIONS FOR SUBDIVISION AND DEVELOPMENT OF LAND IN THE CITY OF LA PORTE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 86, "Development Regulations", of the Code of Ordinances of the City of La Porte, Texas, is hereby amended in its entirety and shall hereinafter read as follows: "ARTICLE L - IN GENERAL Sec. 86-1. - Purpose. (a) It is the intent of this chapter for the city to outline the requirements for subdividers, developers, applicants, engineers, surveyors, realtors and other persons interested and involved in the subdivision and development of land. (b) It is also the intent, purpose and scope of this chapter to promote the vision, goals and policies of the city's comprehensive plan and all of its components and to protect the health, safety and general welfare of the public. Sec. 86-2. - Statutory authority and jurisdiction. (a) Pursuant to the authority granted to cities and counties under the constitution and laws of the state, including the provisions of Texas Local Government Code Chapter 212, and as amended, the city council does hereby adopt the rules and regulations established in this chapter governing the subdivision and development of land within the city limits provided, however, that the City of La Porte excludes from the terms, conditions and effects of this chapter and all amendments hereto, unsubdivided development in the extraterritorial jurisdiction of the city, and land included within the boundaries of any industrial district or districts that may be hereafter created by the City of La Porte and amendments thereto of the Texas Local Government Code. (b) The approving authority shall review all plans, plats, and all accompanying documentation required in this chapter, and require developer and subdivider compliance with the applicable state law, this chapter, the zoning ordinance of the City of La Porte, other applicable ordinances of the City of La Porte, the City of La Porte Comprehensive Plan, and approved written policies and procedures of the City of LaPorte. (c) If any section of this chapter is in conflict with other provisions of this chapter or any other ordinance, the more restrictive rule or regulation shall apply. Sec. 86-3. - Conformance requirements. (a) In so implementing this chapter, the city may, as needed, utilize policies in the city's comprehensive plan, including but not limited to the future land use plan and corresponding provisions, as well as complementary general design and construction standards approved by ordinance by city council. (b) All development must also be in compliance with the City's Public Improvement Criteria Manual (PICM), where applicable. (c) It shall be unlawful for any owner or agent of any owner of land to layout, subdivide, resubdivide, plat, or replat any land within the City of La Porte or its extraterritorial jurisdiction without an approved city development authorization. In addition, it shall be unlawful for any owner or agent of any owner of land to cause the development of any land within the corporate limits of the City of La Porte, without an approved city development authorization. It shall be unlawful for any such owner or agent to offer for sale or sell property therein or thereby, which has not been laid out, subdivided, re -subdivided, platted, replatted or developed without the approvals required in this chapter, subsequent to the passage of this chapter. (d) The city shall withhold all city improvements of whatsoever nature, including the maintenance of streets and the furnishing of utilities from all subdivisions or developments not in conformance with the provisions of this chapter. (e) No building permit shall be issued for the erection or improvements of any building in the city's jurisdiction not located within an approved and recorded subdivision plat or within an approved development site plan as defined herein. Sec. 86-4. - Definitions. For the purpose of this chapter the following various terms, phrases and words, will have the meaning ascribed to them herein. When not inconsistent with the context, words used in present tense include the future; words used in singular include the plural; words used in plural include the singular; "shall" is mandatory; and "may" is permissive. Any office referred to herein by title will include the person employed or appointed for that position or its duly authorized deputy or representative. Terms, phrases or words not expressly defined herein are to be considered in accordance with customary usage. Agricultural use: Any activity related to the cultivation of the soil, the producing of crops to human food, animal feed or planting seed or for the production of fibers; floriculture, viticulture or horticulture raising or keeping of livestock; and planting cover crops or leaving land idle for the purpose of participating in any governmental program or recognized, normal crop or livestock rotation procedure. A residential unit and related accessory buildings located solely for one or more of the purposes described in the preceding sentence shall be deemed an agricultural use. Alley: A public right-of-way that is used for utility installation or for secondary access to individual properties that have their primary access from an adjacent public street or an approved common or compensating open space or court yard that has direct access to a public street. Approving authority: The planning and zoning commission or the city official having authority to sign plats or plans signifying city approval of said plats or plans. For minor developments and administrative plats, the approving authority is the director of planning and development. For all other developments or subdivisions, the approving authority is the planning and zoning commission. Building setback line: A line that is the required minimum distance from the street right-of-way line or easement line or any other lot line that establishes the area where any structure must be erected or placed. Block: An identified tract or parcel of land established within a subdivision surrounded by a street or a combination of streets and other physical features that may be further subdivided into individual lots or reserves. Building permit: A permit for improvements granted by the chief building official under the provisions of the city building regulations currently in force and effect. As used herein, the term "improvement" shall include the construction, enlargement, alteration, repair, removal, or conversion of a building or structure. Chief building official: The city officer or other designated authority charged with the administration and enforcement of the city building regulations, or his/her authorized representative. City: The City of LaPorte, Texas. City building regulations: All building regulations referred to in and incorporated by chapter 82 of the city's Code of Ordinances. City council: The City Council of the City of La Porte, Texas. City secretary: The person holding the office of city secretary under the terms of the La Porte Charter, or her/his designated representative. Commission: The planning and zoning commission of the city. Compensation open space: Those areas designated on a plat or plan that are restricted from development, except for landscaping and recreational uses and which all owners of residential properties within the plat have a common legal interest or which are retained in private ownership and restricted from development, except for landscaping and recreational uses, for the exclusive use of all owners of residential property within the plat, and such designation shall remain in effect until the plat is vacated or the tract is replatted. The terms "compensating open space", "common open space", "common property" and "common area" may be used interchangeably and may be considered as similar. Comprehensive plan: A long-range plan adopted by the city council in accordance with Texas Local Government Code Chapter 213 and as such plan is periodically amended or updated, which is intended to guide the development of the city and that includes analysis, recommendations and proposals for the community's population, economy, housing, transportation, community facilities and infrastructure. County: Harris County, Texas. Department: The Planning and Development Department of the City of La Porte. Developer: The legal or beneficial owner or owners of a lot or any land included in a proposed development including the holder of an option or contract to purchase, or other persons having property interests in such land. Development: The process of converting land within the city's jurisdiction from its natural state, or altering the elevation of property or converting its existing usage to residential, commercial or industrial uses. This definition encompasses any and all physical changes to the land not regulated through the city building code inherent in such conversions. The term development includes subdivisions as defined herein. Development authorization: A document issued by the department for the development of land within the city's jurisdiction. A development authorization is issued after final approval of a subdivision plat or development site plan by the city approving authority, and authorizes the construction of improvements not regulated by the city building code. Development, major: Any development not qualifying as a minor development, as the term "minor development" is defined herein. Development, minor: Any project or development that involves no more than ten acres of land and where the total square footage of all buildings on the site does not exceed 150,000 square feet and presents no conflict with the city's comprehensive plan. Director: The director of the planning and development department or designated representative. Dwelling unit: A single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation. Easement: A right given by the owner or a parcel of land to another person, public agent or private corporation for specific and limited use of that parcel. Extraterritorial jurisdiction: The unincorporated territory outside of and contiguous to the city limits of the city established by the authority of Texas Local Government Code Chapter 42. Electronic format: Information recorded in a manner that requires a computer or other electronic devise to display, interpret and process it, including .pdf or other similar formats. Engineer: A professional engineer licensed by the Texas Board of Professional Engineers. Filing date: The date when a development site plan, general plan, or a subdivision plat is formally presented to the approving authority for its approval and is registered as a part of the approving authority's official records. Flood hazard area: Those areas of the city designated as having a greater chance of flooding from natural disasters such as rainstorms or hurricanes. Such areas are shown on the official flood insurance rate maps (FIRM) established by FEMA and adopted by city council. Flood hazard prevention ordinance: The ordinance adopted by the city council and codified in chapter 94 "Floods" of the La Porte, Texas Code of Ordinances that defines the special flood hazard areas of the city and regulates land development more restrictively within such areas. General plan: A map or plan illustrating the general design features and street layout of a proposed development which is proposed to be platted and developed in phases. This plan, when approved by the commission, constitutes a guide which the commission should refer to in the subsequent review of subdivision plats or development site plans that cover portions of the land contained within the general plan, as well as adjacent property. Harris County road law: A special law of the State of Texas found in Acts 1913, Special Laws, Chapter 17, as may be from time to time amended. Industrial districts: That land within the extraterritorial jurisdiction of the City of La Porte, and either: (a) Being designated as the "Battleground Industrial District of La Porte, Texas" in Ordinance 729, passed by the City Council of the City of La Porte; or (b) Being designated as the "Bay Port Industrial District of La Porte, Texas" in Ordinance 842, passed by the City Council of the City of LaPorte; or (c) Being designated as the "South La Porte Industrial District or La Porte, Texas" in Ordinance 98-2258, passed by the City Council of the City of LaPorte. Lot: An undivided tract or parcel of land contained within a block or designated on a subdivision plat by numerical identification. Mobile home park: An unsubdivided development divided into mobile home sites for rent and for the installation of mobile home thereon. Mobile home subdivision: A subdivision divided into mobile home lots for sale. Monument: A fixed reference point or object located convenient to proposed developments in La Porte that the city or another governmental agency has determined the elevation above mean sea level and the geographic location within the Texas Plane Coordinate System. Monument system: A monument system established by the city to provide horizontal and vertical survey control for land development in La Porte within a common frame of reference. A document describing the city monument system is published separately. One foot reserve: A strip of land one foot wide and within public street right of ways and adjacent to subdivision reserves or adjacent acreage to prevent access to said public street until the reserve or adjacent acreage has been platted in accordance with this ordinance [these regulations]. Plan, development site: A site plan for unsubdivided developments certified by the land owner and by a professional engineer or registered public surveyor, executed by the city approving authority and prepared as specified in section 86-7 of this chapter. Planned unit development: A land area characterized by a unified site design which: (1) has individual building sites and provides common open spaces; and (2) is designed to be capable of satisfactory use and operation as a separate entity without necessarily having the participation of other building sites or other common property. The ownership of the common property may by either public or private. A planned unit development may include subdivisions. It may be a single planned unit development as initially designed; or as expanded by annexation of additional land area; or a group of contiguous planned unit developments, as separate entities or merged into a single consolidated entity. Planning consultant: A certified land planner, Texas registered professional engineer, Texas registered land surveyor, Texas registered architect, or other qualified consultant, who performs land planning services to subdividers or developers for a fee. Plat, administrative: A replat or subdivision of land totaling ten acres or less, and involving four or fewer lots fronting on an existing streets and not requiring the creation of any new street or the extension of municipal facilities or the aggregation of multiple lots into one lot. Plat, amending: A plat, previously approved by the commission and duly recorded, which is resubmitted to the commission for re -approval and recording which contains dimensional or notational corrections or erroneous information contained on the originally approved and recorded plat. An amending plat is not to be considered as a replat or resubdivision and may not contain any changes or additions to the physical characteristics of the original subdivision, but is intended only to correct errors or miscalculations as allowed under the provisions of Chapter 212 of the Texas Local Government Code. Plat, final: A map or drawing of a proposed subdivision prepared in a manner suitable for recording in the appropriate County records and prepared in conformance with section 86-8(c) et seq. of this chapter. Plat, preliminary: A map or drawing of a proposed subdivision illustrating its development features for review, prepared as specified in section 86-8(b) et seq. of this chapter. Plat, street dedication: A map or drawing suitable for recording in the appropriate county records illustrating the location of a right-of-way intended for dedication within a specific tract of land. Public Improvements Criteria Manual (PICNP: The set of standards set forth by the director of planning and development department and approved by the city council to determine the specific technical requirements for construction of public improvements. The manual may be acquired from the planning and development department, and is on file in the city secretary's office. Reserve: A parcel of land within a subdivision plat or development site plan reserved from current development. A reserve may be restricted to a special use such as drainage, recreation or common area. Reserves within the subdivisions not restricted in use may be shown as "unrestricted". Resubdivision or replat: The relocation or removal of existing streets or lots by re -platting as allowed under the provisions of Chapter 212, Texas Local Government Code, and as amended. Right-of-way: A strip of land acquired by reservation, dedication, prescription or condemnation and used or intended to be used as a road, utility installation, crosswalk, railroad, electric transmission lines, or other similar use. Special use sites: A location shown on the comprehensive plan where a proposed school, park, public building or other public facility is to be located. Streets, collector: A street designed to serve equally the functions of access and movement. Collector streets serve as links between local streets and arterials. Street, cul-de-sac: A local street having one end open to vehicular traffic and having one closed end terminated by a turnaround. ,Street, local: A neighborhood or minor street whose primary purpose is to provide access to abutting properties. Street, primary arterial: An expressway, freeway, or primary thoroughfare whose primary function is the movement of traffic. Street, private: A vehicular access way, under private ownership and maintenance, providing access to buildings containing residential dwelling units without direct access to an approved public street right-of-way. Parking lots and private driveways within shopping centers, commercial areas and industrial developments shall not be considered as private streets. Street, public: A publically owned or maintained right-of-way, however designated, dedicated or acquired, which provides vehicular access to adjacent properties. Street, secondary arterial: A primary thoroughfare whose predominant function is the movement of traffic but which provides more access than normally associated with a primary arterial. Street, stub: A public street not terminated by a permanent circular turnaround, ending adjacent to undeveloped property or acreage and intended to be extended at such time as the adjacent undeveloped property or acreage is subdivided or developed. Street, thoroughfare: A public street designed for heavy traffic and intended to serve as a traffic artery of considerable length and continuity throughout the community and so designated on the latest edition of the thoroughfare plan as contained in the city's comprehensive plan. Subdivider: Any owner or authorized agent thereof, proposing to divide, or dividing, land so as to constitute a subdivision according to the terms and provisions of this chapter. A subdivider is further defined to be a developer. Subdivision: A division of any tract of land into two or more parts for the purpose of laying out any subdivision or any tract of land or any addition to the city, or for laying out suburban lots or building lots, or any lots, and streets, alleys or parts or other portions intended for public use or the use of the purchasers or owners of lots fronting thereon or adjacent thereto. A subdivision includes re- subdivision (replat) but it does not include the division of land for agricultural purposes in parcels or tracts of five acres or more and not involving any new streets, alleys or easements of access. A subdivision is further defined to be a development. Subdivision, major: Any subdivision not qualifying as a minor subdivision, as the term "minor subdivision" is defined herein. Subdivision, minor: A subdivision involving less than ten acres of land, which has no common area or reserves, has no adjacent stub street right of ways, and requires no change to the city's comprehensive plan. Submittal date: The date and time specified in this chapter when plans, plats, related materials and fees must be received by the city prior to the next regular meeting of the commission in order to be considered at such meeting. The "submittal date" is not to be considered as the "filing date" as herein defined. ,Surveyor: A surveyor licensed by the Texas Board of Professional Land Surveying. Title certificate (abstractor's certificate, planning letter): A certificate prepared and executed by a title company authorized to do business in the State of Texas or an attorney licensed in the State of Texas describing all encumbrances of record which affect the property together with all deeds recorded from and after the effective date of this chapter which shall include any part of the property included in a subdivision plat or development site plan. Waiver: Permission granted in writing by the commission to depart from the literal requirements of this chapter. Zoning ordinance: The zoning ordinance of the City of La Porte, Texas, codified as chapter 106 in the La Porte Texas Code of Ordinances, together with any amendments thereto. Sec. 86-5. - Pre -development applicant consultation. (a) The developer or owner of land may choose to schedule a pre -development applicant consultation (PAC) meeting with the director. The PAC meeting is intended to provide information on the city's review process, procedures and requirements and allow for dialogue between the city and developer or owner of land prior to submittal of any development application outlined in this chapter. Sec. 86-6. - General plans. (a) General plans are required for all phased projects involving major subdivisions or major developments. The general plan is to be designed to illustrate the general design features of a subdivision or development which is proposed to be developed or platted in phases or sections. This plan, when approved by the commission, constitutes a guide which the commission will refer to in the subsequent review of plans or plats that cover portions of the land contained within the general overall plan and adjacent properties. Should the developer's future plans change, such changes are to be disclosed to the department by filing a new general plan. (b) Application shall be submitted to the department at least three weeks before the date which commission review is requested, unless otherwise approved by the director. (c) Application shall consist of all required documentation submitted either electronically or one paper copy in a 24 -inch by 36 -inch format. (d) The following information must be submitted as part of a general plan submission: (1) Application and applicable fee. (2) Development checklist. (3) Project description letter. (4) Any additional information required by the director. (5) The general plan shall graphically contain the following: a. Name of the development. b. Legal description of the site. c. Existing and proposed zoning. d. Name and contact information of the developer. e. Name and contact information of the project design team. f. Developer/owner signature block. g. City approval signature block. h. Scale of plan in engineering format. i. North arrow. j. Vicinity map showing relation of development to surrounding streets, railroads and watercourses. k. Perimeter boundary of the property. 1. Identification of each phase of development and proposed land use/s for each phase. m. Label adjacent subdivisions, streets, easements, water courses, acreage tracts, and other natural and manmade features. n. Show land contours at one -foot intervals. o. Identify required building lines adjacent to all existing or proposed public and private streets and alleys. p. If building locations are known, include the footprint of each building, indicating the building type, building height, number of stories, floor area, and density of residential development. q. Show rights-of-way for all streets and alleys either existing or proposed within or adj acent to the general plan boundaries. Indicate right-of-way width of all streets as identified in the PICK Identify whether streets are intended to be public or private. r. Indicate approximate location, widths, and types for all easements whether existing or proposed within or adjacent to the general plan boundaries. s. Identify the location of all existing public utilities within or adjacent to the general plan boundaries and how each phase of development will connect with those utilities. t. Show approximate boundary of flood hazard area as taken from the official FEMA flood insurance rate maps adopted by the city or other sources approved by the Director. u. Stormwater drainage plan showing general drainage basins and possible location for on-site detention if required. v. Traffic study or written documentation from the director that the development does not necessitate a traffic study. w. Other information required by the director. (e) Within 30 days of submittal of an administratively complete application, the director shall schedule the general plan on the planning and zoning commission agenda for review by the commission. (f) General applications shall comply with all applicable city ordinances and statutes prior to approval by the commission. The commission shall review the general plan and take one of the following actions: (1) Approve the general plan as filed. Commission approval of the general plan authorizes the developer to file a preliminary plat or a development site plan. (2) Conditionally approve the general plan as filed, provided, the reasons for such conditional approval are stated in writing and a copy of the statement is signed by the chairman of the commission. Commission conditional approval requires submission of an amended General Plan and additional documentation as specified by the planning commission for final commission approval, which may be filed concurrently with the next preliminary plat or development site plan, as the case may be. (3) Disapprove the general plan as filed, provided, the reasons for such disapproval are stated in writing and a copy of the statement is signed by the chairman of the commission. Commission disapproval of a general plan requires submission of a new general plan. (g) The original approved mylar of the general plan shall be retained by the department in the official files of the commission. No subsequent plan or plat will be approved until the original mylar has been delivered to the department. (h) In the event the developer or subdivider fails to file a preliminary plat or development site plan within one year of commission approval of the general plan, approval of said general plan shall terminate upon written notice to the subdivider, developer, or owner. (i) The developer, subdivider, or owner may request in writing a one year extension specifying the reason why the document has not been filed. Sec. 86-7. - Development site plans. (a) General. (1) The following sections of this chapter outline procedures for preparing and obtaining approval for developments not defined herein as subdivisions. Except as noted in subparagraph (2) below, it shall be a violation of this chapter for any person to develop property within the City of La Porte without first: a. Filing a development site plan and required documentation for approval; b. Having said development site plan approved according to the procedures set forth herein; and c. Obtaining a development authorization. (2) No development site plan shall be required as provided for herein in the case of development that is solely and strictly a subdivision (as that term is defined herein) and the requirements of section 86-8(c) of this chapter have been satisfied for each subdivision. (3) For both major and minor developments, the development site plan is shall be drawn accurately to scale with exact dimensions by an engineer. When accompanied by all other required documentation, development site plans shall contain sufficient detail for evaluation of the proposed development. (4) The following information must be provided as part of a development site plan submission: a. Application and applicable fee. b. Development checklist. c. Project description letter. d. Drainage Plan and/or calculations as required by the director. e. Exterior building elevations for sites subject to the city's Design Guidelines (Chapter 106, Article IX). f. Traffic impact assessment, if required by the director. g. Any additional information required by the director. h. Development site plan showing the location of all improvements on the site, whether existing or proposed. Proposed improvements shall be in compliance with all applicable local, state and federal requirements. The development site plan shall contain the following graphical information: 1. Name of development 2. Type of development 3. Description of land within proposed development: " acres out of the Survey, Abstract Number , Harris County, Texas." 4. Legal description of development, including blocks and lots or reserves or a metes and bounds description of the property boundary. 5. Name of owner or authorized representative. 6. Name of developer. 7. Name of planning consultant. 8. Filing date of application. 9. Engineering Scale. 10. North arrow 11. Vicinity map that shows relation of development to surrounding streets, railroads, and water courses. 12. Perimeter boundaries of development including dimensions. 13. Indicate all building lines on the site. Show shortest distances from each building to nearest property line. 14. Indicate name, location and recording information for adjacent properties, streets, easements, water courses, acreage tracts, and other natural or manmade features. 15. Parking table that labels existing and proposed parking in comparison to the required parking for the development. 16. Landscape table that labels existing and proposed trees and shrubs, including name of plant species, quantity and size. 17. Identify topography and label contours in one -foot intervals. Include cut and fill changes to the site. 18. Define high banks and flow lines of water courses. Define post -development limits of other natural or manmade physical development obstacles. 19. For mobile home parks, show proposed layout of mobile home sites and reserves. Number sites and blocks consecutively. Draw boundaries of sites the same way as for subdivision lots. Indicate size of each site in square feet. Designate usage of each reserve, such as recreation, laundry drying, and dead storage. 20. Draw perimeter of, dimension, and identify type and usage of each existing or proposed structure or site improvement, including parking lots, security lighting, driveways, curb cuts, culverts, water lines, fire hydrants, sanitary sewers, storm drains, natural gas lines, electrical lines, telephone lines, walkways, landscaping and other site improvements. 21. Show rights-of-way of all streets and alleys, either existing or proposed, within the plat boundaries and immediately adjacent thereto. Show right of way width at points of curvature or tangency, at one point within tangent segments, and at changes in width. 22. Provide names of all existing and proposed streets located within the plat boundaries and immediately adjacent thereto. Any proposed street name cannot be duplicates of any street name in current use, unless continuations of existing streets. 23. Indicate location, widths and types of for all existing and proposed utilities and easements on the site, including, but not limited to, water line, sanitary sewer, drainage, power. Label recording information for existing easements. 24. Show boundary of flood hazard area and shade areas within lot boundaries inside flood hazard area. Show finished floor elevation of buildings inside flood hazard area. 25. All required dedication statements and certificates must be included. (b) Minor development site plan. (1) Application shall be submitted to the department at least two weeks before the date which director review is requested. Application shall consist of all required documentation submitted either electronically or one paper copy. (2) The director is the approving authority for all minor developments site plans. Following review of the minor development site plans, the director shall, within two weeks of the filing date, take one of the following actions: a. Approve the minor development site plan as filed. Approval of a minor development site plan and all accompanying documentation by the director, together with approval of public improvement construction documents by the director, results in issuance of a development authorization by the department. b. Conditionally approve the minor development site plan as filed, provided, the reasons for such conditional approval are stated in writing and a copy of the statement is signed by the director. Conditional approval of a minor development site plan requires that the developer satisfy the conditions established by the department. Once the stated conditions have been satisfied, the minor development site plan and accompanying documentation may be resubmitted for department approval. c. Disapprove the minor development site plan as filed, provided, the reasons for such disapproval are stated in writing and a copy of the statement is signed by the director. Disapproval of a minor development site plan requires filing of a new minor development site plan. (3) Department action shall be noted on three copies of the minor development site plan, which shall be distributed to the developer, department and the city code enforcement division. (4) Unless stipulation for additional time is agreed to by the developer, if the director fails to act within four weeks from the date of submittal of the minor development site plan the developer may submit a written request to the city manager for an investigation into the director's failure to act, in answer to which the city manager shall issue a report within two weeks, unless the director has sooner acted on the submitted plan. (5) Director disapproval of a minor development site plan may be appealed to the commission within 20 days of the mailing of a written notice of disapproval. Once the appeal has been filed, the minor development site plan will be presented to the commission for its ruling as specified for major development site plans in subparagraph (c) below. The following materials must be filed with the city secretary for an appeal: a. A copy of the director's disapproval letter. b. A letter stating the basis of appeal. c. A copy of the minor development site plan. (6) Prior to issuance of a certificate of occupancy, a final inspection of all improvements must be completed by city inspectors. However, the developer shall have the option to utilize a third party engineer in place of city inspectors to certify that all improvements have been installed in accordance with the approved minor development site plan. (c) Major development site plan. (1) Application shall be submitted to the department at least three weeks before the date which commission review is requested. Application shall consist of all required documentation submitted either electronically or one paper copy. (2) The commission is the approving authority for all major development plans. Following review of the major development site plan, the commission shall take one of the following actions: a. Approve the major development site plan as filed. Approval of a major development site plan and all accompanying documentation by the commission, together with approval of construction documents for any proposed public improvements by the director results in issuance of a development authorization by the department. b. Conditionally approve the major development site plan as filed, provided, the reasons for such conditional approval are stated in writing and a copy of the statement is signed by the chairman of the commission. Conditional approval of a major development site plan requires that the developer satisfy the conditions established by the commission. Once the stated conditions have been satisfied, the major development site plan and accompanying documentation may be refiled for commission approval. c. Disapprove the major development site plan as filed, provided, the reasons for such disapproval are stated in writing and a copy of the statement is signed by the chairman of the commission. Disapproval of a major development site plan requires filing of a new major development site plan. (3) Commission action shall be noted on four copies of the major development site plan, which shall be distributed to the developer, department, city code enforcement division, and official commission files. (4) Unless stipulation for additional time is agreed to by the developer, the failure of the commission to act within 30 days from the date of submittal of the major development site plan the developer may submit a written request to the city manager for an investigation into the director's failure to act, in answer to which the city manager shall issue a report within two weeks, unless the director has sooner acted on the submitted plan. (5) Prior to issuance of a certificate of occupancy or final inspection of any improvements included in an approved major development site plan, a letter signed and stamped by a licensed engineer must be submitted to the planning and development department certifying that all improvements have been installed in accordance with the approved major development site plan. (d) Amendments to minor and major development site plans. (1) Amendments to minor and major development site plans are those that provide for rearrangement or reconfiguration of floor plans or building elevations, modifications to parking areas, landscape areas, drainage facilities, utilities or other site improvements. An amendment may only occur to a site plan that has an active building permit on file. (2) Said modifications shall: a. Comply with all requirements of chapter 106 of the city's Code of Ordinances and other applicable city regulations. b. Not conflict with the comprehensive plan. c. Not change the character of the development or the intent of the original plat approval. (3) The director is the approving authority for all amendments to site plans. Following review of the amendment, the director shall, within two weeks of the filing date, take one of the following actions: a. Approve the amendment as filed. Approval of an amendment shall be clearly noted on the originally approved site plan, along with any conditions required by the director. b. Disapprove the amendment as filed, provided, the reasons for such disapproval are stated in writing and a copy of the statement is signed by the director. (4) Director disapproval of an amendment may be appealed to the commission within twenty (20) days of the written notice of disapproval. Once the appeal has been filed, the amendment will be presented to the commission for its ruling as specified for major development site plans in subparagraph (c) above. Sec. 86-8. - Subdivision plats. (a) The following sections outline procedures for preparing and obtaining approval of subdivision plats for residential, commercial, or industrial properties. All final subdivision plats must be recorded in the county map records. (b) Preliminary plat. (1) Preliminary plats are required for all major subdivisions and shall be consistent with the approved general plan, if applicable. (2) Application shall be submitted to the department at least two (2) weeks before the date which commission review is requested. Application shall consist of all required documentation submitted either electronically or one paper copy. (3) The following information must be provided as part of a preliminary plat submission: a. Application and applicable fee. b. Development checklist. c. Project description letter. d. Any additional information required by the director. e. The preliminary plat shall graphically contain the following (ensure compliance with PICM standards, where applicable): 1. Name of subdivision, which cannot be similar to that of an existing subdivision. 2. Type of development. 3. Description of land on which subdivision lies: " acres out of the Survey, Abstract Number Harris County, State of Texas." 4. Date. 5. Scale in engineering format. 6. North arrow. 7. Name of developer and property owner. 8. Name of surveyor and/or engineer preparing the plat. 9. Total number of lots, blocks and reserves. 10. Indicate size of each lot and reserve. 11. Vicinity map in relation to surrounding streets, railroads and water courses. 12. Label adjacent properties including ownership information and HCAD parcel identifications, where applicable. 13. Show all physical features of the site including high banks of water courses and any other natural or man-made physical development obstacles. 14. Draw perimeter boundaries of the subdivision. 15. Show proposed layout of blocks and lots or reserves within blocks. 16. For reserves: Draw boundaries for and designate area (in square feet and acres) for unrestricted reserves and those dedicated for restricted usages, such as those for drainage, recreation, parkland, or other uses (indicate intended usage and existing zoning). 17. Label contours at one -foot intervals. 18. Show and label all rights-of-way of all streets and alleys, either existing or proposed, within the plat boundaries and immediately adjacent thereto. Indicate right-of-way width between points, curvature, tangency and at changes in width. 19. Provide names of all existing and proposed streets located within the plat boundaries and immediately adjacent thereto. Street names cannot be duplicates of any street names in current use, unless continuations of existing streets or as part of a historical grid pattern. 20. Label location, widths and types of all easements, either existing or proposed, within the platted area or immediately adjacent thereto. Include any recording information on any existing easements. 21. Show nearest city approved survey monument and exact bearing (nearest second) and distance (nearest hundredth of a foot) to a defined point on the perimeter boundary of the property. 22. Show location of all proposed survey control monuments to be installed by the developer pursuant to section 86- 15 of this chapter. 23. Show boundary of flood hazard area/s as adopted by the city. 24. Show location of all existing and proposed storm drainage, sanitary sewer system, and water lines. 25. For condominium developments: Draw the footprint of each building site and show overall dimensions and building type for each building. Show shortest distances from each building to nearest building and property line. For each building type, draw to larger scale the plan of each building type, showing all perimeter wall dimensions and the dimensions and location of walls between units. Designate each unit type and floor area in square feet. (4) Preliminary plat applications shall comply with all applicable city ordinances and statutes prior to approval by the commission. The commission shall review the plat and take one of the following actions: a. Approve the preliminary plat as filed. b. Disapprove the preliminary plat as filed, provided, the reason for such disapproval is stated in writing and a copy of the statement is signed by the chairman of the commission. Disapproval may also include conditions for resubmittal of preliminary plat. (5) Unless stipulation for additional time is agreed to by the subdivider, the failure of the commission to act within thirty (30) days from the date of the filing of the plat by the developer, will cause the plat to be deemed approved. (6) The original approved mylar of the preliminary plat shall be retained by the department in the official files of the commission. (7) In the event the subdivider fails to file a final plat within one year of approving authority approval of the preliminary plat, approval of said preliminary plat shall terminate upon written notice to the subdivider or owner. The subdivider or owner may request in writing a one year extension specifying the reason why a final plat has not been filed. (c) Final plat. (1) Final plats are required for all subdivision, and shall be consistent with the preliminary plat if applicable. Final plats of subdivisions are drawn accurately to scale with exact dimensions. Complete instructions for preparing final plats are contained in Appendix D. (2) In conjunction with the filing of the final plat, the subdivider or developer shall file a proposed set of covenants, restrictions, conditions, and reservations, affecting the property enclosed within the final plat. The covenants and restrictions shall include provisions creating an association of lot owners charged with the responsibility of promoting the recreation, health, safety, and welfare of the members of the association, and for the improvement and maintenance of any common areas, compensating open space, private streets, alleys, or parking areas included within the final plat. The association shall be empowered to levy assessments to be used exclusively in the enforcement of the covenants, restrictions, conditions, and reservations affecting the property enclosed in the final plat, and for the furtherance of its responsibility of improving and maintaining any common areas, compensating open space, private streets, alleys, parking areas or other private improvements included within the final plat. The assessments levied shall be a charge on the land and shall be a continuing lien on the property against which each such assessment is made. (3) The proposed set of covenants, restrictions, conditions and reservations filed shall be submitted to the City Attorney of the City of La Porte, who shall review the documents and insure that the form of the documents complies with this chapter. (4) Application shall be submitted to the department at least two weeks before the date which commission review is requested. Application shall consist of all required documentation either electronically or one paper copy. (5) The following information must be submitted as part of a final plat submission: a. Application and applicable fee. b. Development checklist. c. Title certificate, abstract, or planning letter. d. Complete public street construction drawings for approval by the director. e. Complete public utility construction drawings for approval by the director. f. List of coordinates for each point to be marked in the final field survey. Each point on the list is to be assigned a unique number code. A copy of the final plat, marked with the locations of each number code, is to be submitted as well. g. Letters from the servicing utility companies approving of the easements shown on the plat. h. Copy of deeds for any private easements within the subdivision. i. Commitment of park dedication as required in section 86-11 of this chapter. j. A letter, statement or instrument from the holder of any privately owned easement or fee strip within the subdivision boundaries approving any crossings of said existing easement or fee strip by proposed streets, utilities, or easements shown on the plat. If adjustment of existing utilities is required, said letter shall specify the nature of the adjustments and the approval of the owner for such adjustments. k. Set of covenants, restrictions, conditions, and reservations, affecting the property enclosed within the final plat. 1. Title information as required in section 86-15(n) of this chapter. in. Any additional information required by the director. n. Final plat to graphically contain the following (ensure compliance with PICM standards, where applicable): 1. The graphical requirements outlined for a Preliminary Plat in Section 86-8(b)(3)(e), items 1-22. 2. Metes and bounds description in map for with appropriate bearings and distances. 3. Owners' acknowledgement statement. 4. Lienholders' subordination agreement, where applicable. 5. Plat accuracy certificate. 6. Final survey certificate. 7. Approving authority certificate. 8. Harris County Clerk filing statement. 9. Permanent access easement must be labeled for any proposed private roads. 10. Any other special statements required by the director. (6) Unless stipulation for additional time is agreed to by the subdivider, the failure of the commission to act within 30 days from the date of the filing of the plat by the developer, will cause the plat to be deemed approved. (7) Final plat applications shall comply with all applicable city ordinances and statutes prior to approval by the commission. The commission shall review the plat and take one of the following actions: a. Approve the final plat as filed. Such approval of a final plat as filed and all accompanying documentation by the commission, together with approval of public improvement construction documents by the director shall result in issuance of a development authorization by the department which permits the developer to begin construction of subdivision improvements. b. Disapprove the final plat as filed, provided the reasons for such disapproval are stated in writing and a copy of the statement is signed by the chairman of the planning commission. Such disapproval requires filing of a new final plat. (8) Notice of the commission's action shall be forwarded to the applicant. (9) A final plat shall not be recorded until executed by the director and by the commission. Before the final plat is executed, the developer shall follow the procedure provided for in section, and construct the proposed improvements according to the approved plans and specifications. In the event the developer or owner fails to commence construction of such improvements within one year of development authorization, approval of the final plat shall terminate upon written notice from the commission to the developer or owner. The developer or owner may request in writing one year extension specifying the reasons why construction has not commenced. The commission shall not sign and deliver a copy of the plat to be recorded, nor shall such final plat be recorded, if such proposed improvements are not completed within two years of commencement of construction, and approved by the director. In the event the developer or owner fails to complete construction of such improvements within two years of commencement of construction, approval of the final plat shall terminate upon written notice from the commission to developer or owner. The developer or owner may request a one year extension in writing from the director specifying the reasons why construction had not been completed. The final plat shall not be recorded unless the deed restrictions called for herein are recorded simultaneously with the recordation of the final plat. (10) After recordation with Harris County, the original recorded mylar film of the final plat shall be retained in the official files of the commission. (d) Administrative plat. (1) The same submittal requirements for a final plat approval apply to an administrative plat. (2) Administrative plat applications shall comply with all applicable city ordinances and statutes prior to approval by the director. The director shall review the plat and take one of the following actions: a. Approve the preliminary plat as filed. b. Disapprove the preliminary plat as filed, provided, the reason for such disapproval is stated in writing. Disapproval may also include conditions for resubmittal. If said plat is disapproved, the applicant may elect to refer the plat to the commission for consideration. (3) The director may, for any reason, elect to present the plat to the commission for approval of the plat. (4) Unless stipulation for additional time is agreed to by the subdivider, the failure of the director to act within 30 days from the date of the filing of the plat by the developer, will cause the plat to be deemed approved. (e) Replat of recorded subdivision plats. (1) A replat or re -subdivision of a recorded subdivision plat, or a portion thereof, but without vacation of the immediate previous plat, is hereby expressly authorized to be recorded and shall deemed valid and controlling when: a. It has been signed and acknowledged by only the owners of the particular property which is being replatted or re - subdivided on the acknowledgement shown in Enclosure 1 to Appendix D; b. It does not attempt to alter, amend or remove any covenants and restrictions; c. There is compliance, when applicable, V.T.C.A. Local Government Code, §§ 212.014 and 212.0145; d. It has been approved by the commission after being prepared and filed as though it were an original plat as specified in subparagraph "c" of this section; and e. All expenses incurred by the city or the subdivider in the replat process shall be borne by the subdivider, including costs of notice at public hearing. (f) Amending plat (of recorded subdivision plats). (1) An amending plat may be filed for record in the county map records to correct dimensional errors, notational errors or other erroneous information, to add to or delete monuments, or to relocate a lot line between adjacent lots, as allowed in V.T.C.A. Local Government Code, § 212.016, provided: a. The signed amending plat certificate shown on enclosure 4 to appendix D is placed on the face of the amending plat; b. The planning and zoning commission certificate shown on enclosure 4 to appendix D is placed on the face of the amending plat and; c. Commission approval of said amending plat is reflected by commission execution of said certificate. (2) The planning director of the City of La Porte may approve amending plats and execute certification of same as set forth above in lieu of the planning commission, as allowed in V.T.C.A. Local Government Code, § 212.0065. The director of planning may, for any reason, elect to present the amending plat to the commission for approval. The director of planning shall not disapprove the amending plat and shall refer any plats which are refused to the planning commission within the time parameters as delineated in V.T.C.A. Local Government Code, § 212.009. (g) Vacating plat (of recorded subdivision plats). (1) The vacation of subdivision plats, which is authorized and regulated by V.T.C.A. Local Government Code, § 212.013, shall be permitted, provided: a. All owners of all property contained within the previous plat sign the vacation of subdivision declaration shown on enclosure 5 to appendix D; b. Approval of the commission is obtained and reflected by commission execution of the certificate shown on enclosure 5 to appendix D; and c. Said owners declaration and commission approval certificate is recorded as a single instrument in the county records as required by V.T.C.A. Local Government Code, § 212.013. Secs. 86-9-86-14. - Reserved. Sec. 86-15. - General standards for subdivision and developments. (a) Streets and alleys. (1) Street classification system. The street pattern of the city should provide adequate circulation while discouraging through traffic within local neighborhoods. This may be accomplished by providing thoroughfares spaced at approximately one -mile intervals and collector streets within neighborhoods spaced at about half -mile intervals to link local streets to the thoroughfare network. (2) Street width. Public or private streets shall have a minimum pavement width of 28 feet. Public or private alleys shall have a minimum pavement width of 20 feet. (3) Thoroughfare extension. Right of way widths for thoroughfare extensions shall be as indicated in the PICM along the entire frontage of the tract being developed. Where the existing dedicated right of way width fronting the adjacent property is less that shown in the PICM, a transition zone of 300 feet of frontage of the new development shall be provided between the existing and new right of ways. (4) Continuation of adjoining streets. The arrangement of streets in new developments shall make provisions for the appropriate continuation of existing streets from adjoining properties. (5) Future projections of streets. Where adjoining areas are not developed, but may be developed, the arrangement of streets in a new development shall make provisions for the proper projection of streets into adjoining areas by carrying the new streets to the boundaries of the new development at appropriate locations. All such streets shall be designed in accordance with the PICM. (6) Provisional one foot reserve. Required along the side or end of streets that abut acreage tracts. The note shall be notated on the final plats and street dedication plats, where appropriate. (7) Street names. Street names shall be the same as existing street names, if they are continuations of existing streets. Otherwise, no street name shall be permitted that is a duplicate of an existing or proposed street name within the city. Proposed new names must be submitted to the department for checking prior to the submittal of first plat or plan. The developer shall provide street name signs in accordance with the PICM. (8) Alleys. Alleys may be provided within any subdivision or development to provide secondary vehicular access to building sites which otherwise have their primary access from an adjacent public street. Alleys shall not be used or designed to provide principal access to any tract of land and shall not provide access to property outside the development boundaries in which the alleys are located. Dead end alleys are not permitted. (9) Private streets and alleys. Streets and alleys in which the developer proposes to privately maintain in perpetuity through a community association or other approved means are to be designated as "private" on the plat. Design and construction of such streets and alleys will be identical to design and construction standards for public streets. Right of way lines may be coterminous with the edge of pavement. (b) Engineering data. Please see the PICK (c) Lots. The following standards shall apply to all lots: (1) The lot design of a subdivision or development should provide for lots of adequate width and depth to provide open area and to eliminate overcrowding. (2) Lots should be rectangular so far as practicable and should have the side lot lines at right angles to streets on which the lot faces or radial to curved street lines. (3) Lots with double frontage are prohibited except when backing on major thoroughfares and upon approval by the planning commission. (4) All lots shown on the plat will be for residential purposes unless otherwise noted. (5) Side lot lines should be perpendicular or radial to street frontage and the following note may be in lieu of bearings. "All side lot lines are either perpendicular or radial to street frontage unless otherwise noted." (6) Driveway access to thoroughfares shall be prohibited. (7) Double front lots are prohibited except when backing on major thoroughfares or on corner lots. (8) Lots shall be sized in accordance with the requirements of chapter 106, zoning. (d) Drainage easements. The following standards shall apply to all drainage easements: (1) The location and width of all easements shall be determined by the director for all plats or plans within the cities jurisdiction, and by the director in conjunction with Harris County Flood Control District (HCFCD) for all easements that HCFCD may have an interest in. (2) Easements for drainage adjacent to lots, tracts, or reserves shall be recited on the final plat, in accordance with the language approved by the director. (e) Utility easements. The developer shall coordinate all public and private utility easements with the applicable entity as required in this chapter. (f) Platting of public streets or easements across private easements or fee strips. The following shall apply when platting of public streets or easements across private easements or fee strips: (1) A copy of the instrument establishing any private easement shall be submitted with the development site plan or the preliminary plat as reflected by the title certificate submitted. (2) Easement boundaries must be tied by dimensions to adjacent lot and tract corners. Where the private easement has no defined location or width, an effort shall be made to reach agreement on a defined easement. Where no agreement can be reached, then existing facilities shall be accurately located and tied to lot lines, and building setback lines shall be established as specified in section 5.04. (3) Prior to approval of the final plat or development site plan, the developer or dedicator of any subdivision plat or development site plan, wherein public streets or easements are shown crossing private easements or fee strips, shall by letter to the commission assume responsibility for seeing that any adjustments and protection of existing pipelines, electrical transmission lines, or other facilities shall be planned and provided for to the satisfaction of the holder of the private easements or fe e strips and the director prior to the filing of the plat or plan for record. (4) Prior to filing of the final plat or development site plan for record, the following requirements must be met: a. The developer or dedicator of any plat or plan shall obtain from the holder of any private easement or fee strip within the plat or plan crossed by proposed streets or other public easements an instrument granting to the public the use of said public streets or easements over and across said private easements or fee strips for construction, operation, and maintenance of those public facilities normally using the type of public streets and easements indicated. This instrument shall be delivered to the commission to be filed for record along with plat or plan. b. The developer shall furnish the commission with a letter from the holder of the private easements or fee strips in questions stating that arrangements for any required adjustments in pipelines, electrical transmission lines, or other similar facilities have been made to the satisfaction of the holder of the easements. (g) Monumentation requirements. The following are requirements for monumentation for subdivisions and developments: (1) Subdivisions. a. Permanent control monuments, one for each five acres of property or fraction thereof, shall be placed along streets centerlines or at subdivision corners. The location of control monuments shall be approved by the department at the preliminary plat stage and shown on the final plat. The construction of permanent control requirements shall be in accordance with the PICM. b. At least one control monument shall be accurately tied, by angle and distance to an approved City of La Porte monument. Elevation shall be established for each control monument installed. Datum shall be supplied or approved by the department. c. Elevations and coordinate values for each control monument shall be submitted in accordance with language approved by the director and approval by the department prior to execution of the final plat. d. All corners of the subdivision, all angle points and points of curvature in the subdivision boundary, all block corners, all angle points and points of curvature in each street right of way shall be marked with iron rod not less than three-fourths of an inch in diameter and 30 inches in length, placed flush with the finished ground elevation. e. All lot corners shall be marked with iron rods not less than five-eighths of an inch in diameter and 30 inches in length, placed flush with the finished ground elevation. f. All required monumentation shall be completed prior to final acceptance of the subdivision and execution of the plat. (2) Major developments. a. Permanent control monuments, one for each five acres of property or fraction thereof, shall be placed along street centerlines or at corners of the development. The location of control monuments shall be approved by the department and shown on the development site plan. The construction of permanent control monuments shall be in accordance with the PICM. b. At least one control monument shall be accurately tied, by angle and distance to an approved City of La Porte monument. Elevations shall be established for each control monument installed. Datum shall be supplied or approved by the department. c. Elevation and coordinate values for each control monument shall be submitted and approved by the department prior to or concurrent with acceptance of all public improvements. d. All lot corners within the development shall be marked with iron rods not less than five-eighths of an inch in diameter and 30 inches in length, placed flush with the finished ground elevation prior to commencement of any building construction. (3) Minor developments. a. All lot corners of minor developments shall be marked with iron rods not less than five-eighths of an inch in diameter and 30 inches in length, placed flush with the finished ground elevation. Lot corners shall be established and placed prior to commencement of any building construction. (h) Public improvements. (1) The developer shall pay all costs for providing the development with streets, water mains, sanitary sewers, and storm sewers in accordance with plane and specifications for such improvement approved by the director and in the manner set out in the adopted utility extension policy. The subdivider shall pay all costs associated with street lighting as set out in the PICM. (2) The subdivider or developer shall guarantee construction of all approved public improvements as provided in this section and in conformance with the adopted PICM. (3) The installation of the approved improvements shall be under the inspection of the director or his representative and the director shall certify the installation as being in accordance with the approved plans and specifications before the commission will execute a subdivision plat for recordation, or before the city will accept said public improvements for maintenance. (i) Reimbursement for oversizing. (1) All improvements required in a subdivision or development will be installed at the developer's cost, unless otherwise provided. The cost of utilities and streets which are required by the city to be larger than would be normally needed to serve the proposed addition will be partially reimbursed. The reimbursable amount will be the difference between the cost of the facilities that would be adequate to serve the addition and the cost of the facilities required by the city. A reimbursement contract will be negotiated between the city council and the developer. (j) Record drawings. (1) The engineer representing the developer must present to the Director project information electronically to the city, reproducible complete "record drawings" for all paving, drainage structures, water lines and sewer lines within 30 days after completion of each contract. The director will not certify approval of public improvements construction until record [all] drawings have been submitted. (k) Fees. Filing/application fees for plats, plans, waivers or other requirements as established in this chapter shall be in an amount established by the city and listed in appendix A of this Code. (1) Plat/plan graphic symbols. The following line symbols are established for all plans and plats: (1) Boundaries: Show perimeter boundaries, right of ways and boundary lines between development phases in bold solid lines �). Use solid lines for block and lot boundaries. (2) Building lines: Indicate by long dashes separated by short dashes ( ). (3) Easements: Indicate by short dashes ( ). (4) Stream and depression high banks: indicate by long dashes separated by three short dashes ( ). (5) Edge of flood hazard area: Indicate by long dashes separated by circles ( o o o �. (6) Adjacent properties: Indicate lines outside boundaries of proposed development by long dashes ( ). (m) Plat/plan geometric standards. The following table outlines geometric standards for plans and plats: Final Item Description General Preliminary Subdivision Development Plan Subdivision Plat plat Site Plan �� � Dimensional Accuracy Standards Exact: Angles to the nearest second, distances to the nearest X X hundredth of a foot. ... ....................................................................................................................................................................................................................................................................................................................................................................................... ........................................................ . ................................................................................................... Approximate: Angles to the nearest degree, distances to the nearest X X foot. Line definition: For all lines required to be defined on a line between two points is considered as "defined" if the following information is provided: Bearing (in degree) for tangent (straight) lines X X X X Distance (in feet) for tangent (straight lines X X X X Radius of curve (R, in feet) for curvilinear lines X X X X Central delta angle (o, in degrees) for curvilinear lines X X Arc length (L, in feet) for curvilinear lines X X X X Cord length (C, in feet) for curvilinear lines X X Chord bearing (CB, in degrees) for curvilinear lines X X Lines to be defined for street rights-of-way (centerline and both edges), perimeter boundaries, lots, blocks, reserves and easements, all lines between any combination of the following points. Points of beginning or ending X X X X Lots, block, or reserve cornu rs X X X X Angle points X X X X Points of tangency or curvature X X X X Points of inflection (reserve curvature) X X X X Points of intersection with crossing lines for lots, blocks, reserves, rights-of-way, easements, stream or depression high banks, and X X flood hazard area boundaries Lines to be defined for high banks of stream or depression (no right-of-way or easement), lines between. Points defining the limits of the high bank X X X Points of intersection with crossing lines for lots, reserves, X X easements and rights-of-way ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Lines to be defines for flood hazard area, lines between. ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Points of defining the limits of the flood hazard area (consult city X X X flood zone administrator for required elevations) ®X Points of intersection with crossing lines for lots, reserves, X easements and rights-of-way (n) Title certificate information. A planning letter, certificate, abstract, or other instrument from a title guaranty company or attorney authorized to render title opinions in the State of Texas, which certifies than a search of the appropriate records was performed within 30 days of the filing date and which letter provides the following information: (1) The date of the examination of the records. (2) A legal description of the property proposed to be developed including a metes and bounds description of the boundaries of said land. (3) The name of the recorded owner of fee simple title as of the date of the examination of the records, together with the recording information or the instruments whereby such owner acquired fee simple title. (4) The names of all lienholders together with the recording information and date of the instruments by which such lienholders acquires their interests. (5) A description of the type and boundaries of all easements and fee strips not owned by the developer of the property in question together with the recording information and date of the instruments whereby the owner of such easements or fee strips acquired their title. (6) A statement certifying that no delinquent city or county taxes are due on the property being platted. Sec. 86-16. - Engineering and construction standards for subdivisions. (a) Streets and alleys. (1) All streets shall be reinforced concrete pavement on a compacted subgrade. Concrete pavement shall be provided with either an integral curb poured with the pavement or a separate curb constructed on top as required by the PICM and subject to the approval of the director. (2) Pavement design shall conform to the PICM. (3) Curb and combination curb shall be constructed of reinforced concrete. Cross section and slopes shall conform to the PICM. (4) All concrete shall be designed and controlled by a competent laboratory as required by the PICM. (b) Drainage and storm sewer. (1) Adequate drainage shall be provided within the limits of the subdivision as to reduce the community's exposure to flood hazards with respect to adjacent, upstream and downstream developments. (See also chapter 94, "Floods," of the Code of Ordinances of the City of La Porte for additional requirements.) Adequate drainage shall be provided within the limits of the subdivision and/or development. The protection of adjoining property shall be accounted for in design of the system in conformance with the PICM, and shall be subject to the approval of the director. The design and sizing of the system shall be in conformance with the PICM, and subject to the approval of the Harris County Flood Control District and the director. (2) Any person or persons that alters or changes the elevation of property shall be responsible for applying for and obtaining, prior to said change or alteration of the elevation of the property, a development authorization from the department. Any change or alteration in the elevation of property requires submission of a site plan prior to the change or alteration of property, which said site plan shall delineate the proposed change or elevation of property. Said certified site plan shall be subject to approval by the city engineer. (3) Fill dirt permit shall be required by the city. Exhibits show fill dirt regulations, grading standards, and swale standards; requiring sketch plans and approval prior to the introduction of fill material; and providing silt prevention and revegetation standards. Said fee shall be $25.00 for the first 49 loads of permitted fill dirt, and $2.00 for each additional load. Any person who places fill dirt on their property without first applying for and obtaining a fill dirt permit shall be guilty of a misdemeanor. (4) A stormwater quality permit may be required in accordance with city, state and federal law. (c) Water and sewer system. (1) The design and construction of all water and sewer systems shall be in conformance with the PICM, and subject to approval by the director. The developer or owner shall provide the necessary certificates from all other governmental agencies certifying compliance with their regulations. (d) Street lighting. (1) All public streets and non- residential parking lots where intended for use by the general public in the city must be served adequately by lights. Lighting must be located and installed in accordance with the specifications of the PICM. Secs. 86-17-86-24. - Reserved. Sec. 86-25. - Open space within subdivisions and developments. (a) Purpose. (1) It is the policy of the city to provide recreational areas and amenities in the form of neighborhood and community parks as a function of residential development in the City of La Porte. This section is enacted in accordance with the home rule powers of the City of La Porte granted under the Texas Constitution and statutes of the State of Texas, including, without limitation, V.T.C.A. Local Government Code, § 51.071 et seq. and § 212.001 et seq. It is hereby declared by the City Council of the City of La Porte that recreational areas, in the form of neighborhood parks and related amenities and improvements, are necessary and in the public welfare, and that the only adequate procedure to provide for same is by integrating such requirement into the procedure for planning and development of property of a residential subdivision in the City of La Porte, whether such development consists of new construction on previously vacant land or rebuilding and redeveloping existing residential areas. Neighborhood and community parks are those parks providing for a variety of outdoor recreational opportunities and within convenient distances from a majority of the residences to be served thereby, the standards for which are set forth in the La Porte Parks, Recreation and Open Space Master Plan, or neighborhood and community areas. The park zones established by the La Porte Parks and Recreation Department and shown on the official La Porte Parks, Recreation and Open Space Master Plan, or neighborhood area, shall be prima facie evidence that any park located therein is within such a convenient distance from the majority of residences to be served thereby. The cost of the neighborhood parks should be borne by the ultimate residential property owners who by reason of the proximity of their property to such parks shall be the primary beneficiaries of such facilities. Therefore, the following requirements are adopted to effect such purposes. In order to provide an equitable method of determination of the requirements for future development of residential areas of the City of La Porte, the following formula is hereby adopted: The population of the city based on the latest United States Census data, adjusted on an annual basis based on the predicted growth of the city as found in the parks and open space master plan for the year in which the adjustment is made, is identified. The resultant number is divided by the number of acres of available neighborhood and community parkland inventory in the City of La Porte, resulting in the number of persons per neighborhood or community park acre in the City of La Porte. This result is then divided by the number of La Porte persons per dwelling unit as identified in the latest United States Census data, giving the number of dwelling units per acre of neighborhood or community parkland. This number is then divided into the total acquisition cost for land at the average appraisal value, and development cost per acre for development of the land into a typical park as identified in the parks and open space master plan of the city. This formula provides a baseline for determining the number of dwelling units per acre rate for future development within the city, the parkland dedication or in lieu acquisition costs for parkland, and the cost of future park development. This formula shall be applied and reviewed periodically to assure that the process for future development remains fair and equitable as established herein. In the event that the periodic review results in a determination of inequity, an amendment to the ordinance to correct the inequity will be presented to council for consideration. (b) General requirement for dedication of land and payment of park development fee. (1) Whenever a final plat is filed of record with the County Clerk of Harris County, Texas, or a development site plan, or a property survey is submitted and filed with the approving authority of the city in accordance with the provisions of this chapter and other planning and development ordinances that may be contained within the Code of Ordinances of the City of La Porte, for a development of a residential area within the City of La Porte that contains one or more residential dwelling units, such plat, or site plan, or property survey shall contain a clear fee simple dedication of one acre of land for each 93 proposed dwelling units. As used in this section, a "dwelling unit" means each individual residence, including individual residences in a multi -family structure, designed and/or intended for inhabitation by a single family. Residential structures that are moved from one area of the city to another area of the city are specifically excluded from the park development fee requirements of this chapter. Any proposed plat or site plan, or property survey submitted to the City of La Porte for approval shall show the area proposed to be dedicated under this section. The required land dedication of this section may be met by a payment in lieu of land where permitted by the City of La Porte or required by other provisions in this chapter. In the event a plat is not required and a development site plan or property survey is filed, the dedication of land or payment in lieu of land required under this section shall be met prior to the issuance of a building permit by the approving authority of the city. (2) The City Council of the City of La Porte declares that development of an area less than one acre for neighborhood park purposes is impractical. Therefore, if fewer than 93 dwelling units are proposed by a plat filed for approval, the approving authority may require the developer to pay the applicable cash in lieu of land amount, as provided in subsection (c) below. (3) In addition to the required dedication of land, as set forth above, there shall also be a park development fee paid to the City of La Porte as a condition to subdivision plat approval or issuance of a building permit. Such park development fee shall be set from time to time by ordinance of the City Council of the City of La Porte sufficient to provide for the development of amenities and improvements on the dedicated land to meet the standards for a neighborhood park to serve the area in which the subdivision is located. Unless and until changed by ordinance of the City Council of the City of La Porte, the park development fee shall be calculated on the basis of $318.00 per dwelling unit. (4) In lieu of payment of the required park development fee, a developer shall have the option to construct the neighborhood park amenities and improvements. All plans and specifications for the construction of such amenities and improvements must be reviewed and approved by the approving authority. The developer shall financially guarantee the construction of the amenities and improvements, and the City of La Porte must approve same, prior to the filing of a plat in the case of platted subdivisions. Once the amenities and improvements are constructed, and after the approving authority has accepted such amenities and improvements, the developer shall deed and convey such amenities and improvements to the City of La Porte or to the applicable homeowner's association. (5) In instances where land is required to be dedicated, the approving authority shall have the right to accept or reject the dedication after consideration of the recommendation of the parks and recreation director or the planning and zoning commission, and to require a cash payment in lieu of land in the amount provided under subsection (c) below, if the approving authority determines that sufficient park area is already in the public domain for the area of the proposed development or if the recreation potential for that area would be better served by expanding or improving existing neighborhood parks. (6) When two or more developments will be necessary to create a neighborhood park of sufficient size in the same area, the parks and recreation department, at the time of preliminary plat approval, will work with the developer to define the optimum location of the required dedication within the respective plats. Once a park site has been determined, adjacent property owners who develop around the park site shall dedicate land and (or) cash to the existing site unless otherwise determined by the approving authority, as provided herein. (c) Cash payment in lieu of land. (1) A developer responsible for land dedication under this section shall be required, at the approving authority's option, to meet the dedication requirements in whole or in part by a cash payment in lieu of land, in the amount set forth below. Such payment in lieu of land shall be made prior to filing the final plat for record, or prior to the issuance of a building permit where a plat is not required. (2) The cash payment in lieu of land dedication shall be met by the payment of a fee set from time to time by ordinance of the city council sufficient to acquire neighborhood parkland. Unless and until changed by the city council, such fee shall be computed on the basis of $490.00 per dwelling unit. A cash payment in lieu of land dedication, as set forth in this section, does not relieve the developer of its obligation to pay the park development fee of $318.00 set forth in subsection (b)(3) above. The cash payment in lieu of land dedication is in addition to the required park development fee. (3) The general requirements for dedication of land and payment of park development fees and the cash payment in lieu of land are set forth graphically in table 1, attached hereto. (4) The City of La Porte may from time to time decide to purchase land for parks in or near the area of actual or potential development. If the city does purchase park land in a park zone, subsequent park land dedications for that zone shall be in cash only, the calculation of which is set forth as provided herein. Such cash payments are in addition to the payment of the required park development fee. (d) Special fund. (1) All funds collected by this dedication process will be deposited in the City of La Porte's Park Development Fund and used for the purchase or leasing of park land and the development and maintenance of same. All expenditures from the said fund will be reviewed and approved by the Office of the City Manager for the City of La Porte. (2) The City of La Porte shall account for all sums paid into the parks development fund with reference to the individual plats involved. (e) Prior dedication, absence of prior dedication. (1) If a dedication requirement arose prior to the passage of this chapter, that dedication requirement shall be controlled by the ordinance in effect at the time such obligation arose, except that additional dedication shall be required if the actual number of dwelling units constructed upon property is greater than the former assumed or planned number of dwelling units. Additional dedication shall be required only for the increase in the number of dwelling units and shall be based upon the land dedication and park development fee requirements set forth herein above. (2) At the discretion of the city, any former gift of land to the city may be credited on a per acre basis toward eventual land dedication requirements imposed on the donor of such lands. The approving authority shall consider the recommendations of the Parks and Recreation Department and the Planning and Zoning Commission in exercising its discretion under this subsection. (f) Additional requirements, definitions. (1) Any land dedicated to the city under this chapter must be suitable for park and recreation uses. The following characteristics of a proposed area are generally unsuitable and may be ground for refusal of any plat: a. Any area primarily located in the 100 -year floodway as determined by the Harris County Flood Control District. b. Any areas of unusual topography or slope which renders same unusable for organized recreational activities. (2) Drainage areas may be accepted as part of a park if the channel is constructed in accordance with city engineering standards as found in Section 5.5.3 of the Public Improvement Criteria Manual of the City of La Porte, if no significant area of the park is cut off from access by such channel, if not less than five acres of the site is above the 100 -year floodplain, or if the dedication is in excess of ten acres, not less than 50 percent of the site should be included in the 100 -year flood plain. (3) Each park must have ready access to a public street. (4) Unless provided otherwise herein, an action by the city shall be by the approving authority, after consideration of the recommendations of the commission and/or the director of parks and recreation department. (5) Any preliminary plat approved prior to the effective date of this chapter shall be exempt from these requirements set forth herein; however, however when such preliminary approval expires, any resubmission of such plat shall meet the requirements of this chapter. (g) Instruments of dedication. (1) The park land dedication required section shall be made in the case of subdivision by a reservation on the final plat as filed in the map records of Harris County, Texas, unless additional dedication is required subsequent to the filing of the final plat. In the case of a development site plan, the dedication required by the ordinance shall be made by filing of a deed to the deed records of Harris County. In either event, if the actual number of completed dwelling units exceeds the figure upon which the original dedication was based, such additional dedication shall be required, and shall be made by payment by the cash in lieu of land amount provided herein. Sec. 86-26. - Waivers. (a) In those instances where, in the opinion of the commission, strict compliance with the terms, rules, conditions, policies, and standards provided in this chapter would create an undue hardship by depriving the applicant or subdivider of the reasonable use of the land or, where, in the opinion of the commission, there are unusual physical characteristics which affect the property in question and which would make strict compliance with the terms and conditions of this chapter or any rule promulgated under this chapter not feasible, the commission may grant the applicant or subdivider a waiver as to one or more requirements as long as the general purpose of this chapter is maintained. Economic hardship shall not constitute the sole basis for granting a waiver under this section. (b) A waiver granted under the provisions of this chapter shall only to the specific property upon which the commission was requested to approve a plat and that such waiver shall not constitute a change of this chapter, or any part thereof, or establish any policy, rule or regulation contrary to the provisions of this chapter. (c) Any waiver on a recorded plat granted before the date of adoption of this chapter is hereby recognized as continuing to be valid and compliance with the provisions of this section shall not be required. (d) Any person desiring to secure a waiver as to the provisions of this chapter must submit a written request with the other materials (4.00 is sketch plans). Any request for a waiver must cite the specific rule, policy or standard contained in this chapter from which a waiver is desired. Additionally, the request must state the extent of the waiver sought and the specific facts or reasons why such waiver is needed (e) No waiver may be granted by the commission unless approved by a majority vote of the members present at the meeting of the commission at which the waiver request is presented and that where the commission affirmatively finds: (1) That the waiver would not be contrary to the general purpose and goals stated in this chapter. (2) That the waiver would not be detrimental to the public health, safety or welfare, to be injurious to adjacent property, or prevent the subdivisions or development of other land in the area in accordance with the provisions of this chapter. (f) Such finding of the commission, together with the specific facts upon which such findings are based shall be incorporated into the official minutes of the commission meeting at which such waiver was granted." Section 2. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be fined in a sum not to exceed two thousand dollars. Section 3. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have been separately passed without any other provision, and if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone. Section 4. Ordinance No. 1444, together with all amendments to Ordinance No. 1444, is expressly repealed. Furthermore, all other ordinances or parts of ordinances in conflict herewith are hereby repealed, but to the extent of such conflict only. Section 5. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 6. This Ordinance shall be effective fourteen (14) days after itspassage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Polte at least once within ten (10) days after the passage of this ordinance. PASSED AND APPROVED this, the 26" day of AUGUST, 2019. ATTEST: CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor APPROVED AS TO FORM: Lee Woodward, City Secretary Clark T. Askins, Assistant City Attorney REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 9, 2019 Requested By: Louis R. Rigby, Mayor Department: City Council ' Report I; Resolution " Ordinance Exhibits: Proposed Reso. 2019-17 HCAD nomination packet Letter from Mike Sullivan Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item:" Yes" No SUMMARY The cities of the Harris County Appraisal District (HCAD), other than the City of Houston, are entitled to nominate and select a board member. Mike Sullivan, the former Harris County Tax Assessor -Collector, is the current representative for the position, and has asked that he be nominated again. At the BAHEP Mayors' meeting on August 28, there was agreement that each city should consider nominating Mr. Sullivan again in indication of support for his continued service. The HCAD's board of directors is composed of six members serving two-year terms. The functions of the board and additional information follow this cover sheet. Any nominating resolutions must be sent to the HCAD Chief Appraiser no later than October 15, 2019, to be considered for election. RECOMMENDED MOTION I move to adopt Resolution 2019-17, nominating Mike Sullivan as the Harris County Appraisal District (HCAD) board member representing cities other than the City of Houston, for a two- year term beginning January 1, 2020. (Should the desire be to nominate someone else, an amendment to the resolution would be necessary.) RESOLUTION NO. 2019-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, NOMINATING A CANDIDATE FOR A POSITION ON THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT WHEREAS, those cities and towns other than the City of Houston within the Harris County Appraisal District have the right and responsibility to elect one person to the board of directors of the Harris County Appraisal District for a term of office commencing on January 1, 2020, and extending through December 31, 2021; and WHEREAS, the City Council of the City of La Porte, Texas, desires to exercise its right to nominate a candidate for such position on said board of directors; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, that Section 1. The facts and recitations set forth in the preamble of this resolution be, and they are hereby, adopted, ratified, and confirmed. Section 2. That Mike Sullivan, 4811 Shore Hills Drive, Kingwood, Texas, 77345, 713-898-6969, be, and is hereby, nominated as a candidate for that position on the board of directors of the Harris County Appraisal District to be filled by those cities and towns other than the City of Houston within the Harris County Appraisal District for a two-year term of office commencing on January 1, 2020. Section 3. That the Mayor of the City Council of the City of La Porte be, and is hereby, authorized and directed to deliver or cause to be delivered a certified copy of this resolution to the chief appraiser of the Harris County Appraisal District no later than October 15, 2019. PASSED AND APPROVED this, the day of 2019. CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor ATTEST: APPROVED AS TO FORM: Lee Woodward, City Secretary Clark T. Askins, Assistant City Attorney Harris County Appraisal District Interoffice Memorandum OFFICE OF CHIEF APPRAISER TO: PRESIDING OFFICERS OF TAXING UNITS SERVED BY THE HARRIS COUNTY APPRAISAL DISTRICT FROM: ROLAND ALTINGER, CHIEF APPRAISER SUBJECT: SELECTION OF APPRAISAL DISTRICT BOARD MEMBERS DATE: AUGUST 21, 2019 Your taxing unit participates in selecting members of the Harris County appraisal District's board of directors. The board is composed of six members who serve two-year terms, all of which expire December 31, 2019. This memorandum describes the process of selecting directors for the two-year term that begins January 1, 2020. Functions of the Board The appraisal district appraises all property in the county for ad valorem tax purposes. The board of directors is the governing body for the district. This board employs the chief appraiser, sets general policies for the district, and adopts the budget for the district. By law, board members cannot communicate with the chief appraiser regarding appraisals. There is no compensation for service on the appraisal district board of directors; however, directors are reimbursed for travel expenses if incurred. The board of directors typically meets once a month. Participating Units The current method of selecting directors was established by resolutions of the county, cities, and school districts participating in the appraisal district in 1981. The method of selection was modified in 1991 after the law was changed to provide a voting entitlement to conservation and reclamation districts and has been inodified to provide a voting entitlement for junior college districts. Sec. 6.031, Tax Code, authorizes an appraisal district to vary both the size and the method of selecting its board members The six members of the Harris County Appraisal District's board of directors are selected as follows: • One member appointed by the Harris County Commissioners Court. • One member appointed by the Houston City Council. • One member appointed by the board of trustees of the Houston Independent School District. One member appointed by votes of the city councils of the cities other than Houston. Each city council casts a single vote. The candidate who receives the most votes is elected. One member appointed by vote of the boards of trustees of the school districts other than Houston Independent School District and by boards of directors of the junior colleges with territory in Harris County. Each school district board casts a single vote. The junior college districts collectively cast a single vote. The candidate who receives the most votes is elected. One member appointed by vote of the governing bodies of the conservation and reclamation districts that participate in the appraisal district Each body casts a single vote. The candidate who receives the most votes is elected. In the event the county appoints someone other than the county assessor -collector to the board, the county assessor -collector will serve ex officio in a non-voting capacity as a seventh member. Board members whose terms expire December 31, 2019, are: • Ann Harris Bennett, Tax Assessor -Collector, Ex -Officio Director • Glenn E. Peters, representing conservation and reclamation districts • Wanda Adams, representing Houston ISD • Al Odom, representing City of Houston • Jim Robinson, representing Harris County • Mike Sullivan, representing cities & towns, except City of Houston • Ben Pape, representing junior college districts and school districts other than Houston ISD Eligibility Requirements An individual must satisfy certain residency, employment, and conflict-of-interest requirements to be eligible to serve on the board of directors. Residency: The candidate must be a resident of Harris County, and must have resided in the county for at least two years immediately preceding the date he or she takes office. The appraisal district's boundaries are the same as those for Harris County. Employment: An employee of a taxing unit served by the appraisal district may not serve, with one exception. An employee may serve if the employee is also a member of the governing body or an elected official of a taxing unit that participates in the district. For example, a member of the governing body of a school district who is also a city employee would be eligible to serve on the board. An individual is ineligible to serve on an appraisal district board of directors if the individual has engaged in the business of appraising property for compensation for use in proceedings under this title or of representing property owners for compensation in proceedings under this title in the appraisal district at any time during the preceding five years. Conflict-of-interest: A candidate may not serve if the candidate is related to a person who is in the business of appraising property or representing property owners for a fee in proceedings in the appraisal district. Relatives barred are those within the second degree by consanguinity (blood) or affinity (marriage). These persons include: spouse; children; brothers and sisters; parents; grandparents; and grandchildren. The spouse's relatives in the same degree are included. A candidate who contracts with the appraisal district for any purpose, or who contracts with a taxing unit served by the district for a property tax related purpose, may not serve. The same rule applies to candidates who have a substantial interest in businesses contracting with the appraisal district (for any purpose) or with the taxing unit (for property tax purposes). A candidate has a substantial interest if the candidate or the candidate's spouse has combined ownership of at least ten percent (10%) of the voting stock or shares of the business. A candidate also has a substantial interest if the candidate or the candidate's spouse is a partner, limited partner, or an officer of the business. These prohibitions on contracting continue for the duration of the affected director's term of office. The appraisal district may not employ any person who is related to an appraisal district director within the second degree by affinity or by the third degree of consanguinity. This provision applies to existing employees at the time the director takes office and to employees hired during the director's term. Delinquent taxes: Texas law makes a person ineligible to serve as an appraisal district director if he or she has delinquent property taxes owing to any taxing unit 60 days after the person knew or should have known of the delinquency. Selection Procedures The procedures for selecting members of the board of directors for the two-year term beginning January 1, 2020, are as follows: For Cities and Towns Other Than the City of Houston The cities and towns other than the City of Houston appoint one member by majority vote of their city council. The process for these cities and towns involves two steps: nomination and election. Nomination The city council of each city and town has the right to nominate a single candidate for the position. To nominate, the governing body must adopt a resolution nominating the candidate by formal action. The mayor, as presiding officer of the city council, must submit the nominee's name to the chief appraiser of the Harris County Appraisal District no later than Tuesday, October 15, 2019. The mayor must provide a certified copy of the resolution and may include a cover letter naming the nominee. Election Before Wednesday, October 30, 2019, the chief appraiser will prepare a ballot listing the nominees in alphabetical order. The chief appraiser will deliver a copy of the ballot to the mayor of each city or town. Prior to December 15, 2019, each city council must cast its vote for one of the nominees, formally adopt a resolution naming the person for whom it votes and submit a certified copy to the chief appraiser. Ballots received by the chief appraiser after December 15 maY not be counted. Prior to December 20, 2019, the chief appraiser will count the votes, declare the results, and notify the winner, the nominees and the managers of each city and town. A tie vote will be resolved by a method of chance chosen by the chief appraiser. For Junior Colleges and School Districts other than The Houston Independent School District With the exception described below for junior college districts, exactly the same procedure described for cities and towns above applies to the selection of the member who represents junior college districts and school districts other than Houston ISD. The board of trustees of the school districts must nominate and elect following the deadlines and procedures described above. The four junior college districts with territory in Harris County may participate in the selection of the member who represents school districts other than Houston ISD and the junior colleges. However, the junior college districts collectively have the same voting authority as a single school district. See Sec. 6.031(b-1), Tax Code. The boards of trustees of junior college districts may each nominate a candidate following the deadlines and procedures described above. However, the four junior colleges collectively have a single vote in the election. Each board of trustees may cast a vote by resolution and file the resolution with the chief appraiser. The collective vote will be automatically cast for the candidate who receives the most votes from among the junior colleges. As an example, if one candidate receives three votes and another receives one vote, the junior colleges will be deemed to have collectively cast their vote for the candidate who received the three votes. For Conservation and Reclamation Districts The procedure and timetable for selecting the member who represents the conservation and reclamation districts are the same as that described above for small cities and school districts. The conservation and reclamation districts that participate in the appraisal district may cast a single vote. The candidate who receives the most votes is elected. For Harris County, the City of Houston And the Houston Independent School District By December 15, 2019, the governing body of each of these entities appoints a single person to represent it on the board. Each governing body must formally adopt a resolution naming the person who will serve as a board member and submit it to the chief appraiser at the address shown below: Roland Altinger Chief Appraiser Harris County Appraisal District 13013 Northwest Freeway P. O. Box 920975 Houston, Texas 77292-0975 To assist you in this process, I have enclosed a suggested form of resolution for the nomination of a candidate to the board of directors of the Harris County Appraisal District. We invite your questions or comments on the board selection process. Please do not hesitate to call me at (7l 3) 957-5670 Sincerely, 1;4� 01�11 Roland Altinger, CAE, RPA, CTA Chief Appraiser Attachments Cc: HCAD Board Members Tax Assessors Attorneys RESOLUTION NO. A RESOLUTION OF THE BOARD OF TRUSTEES OF THE INDEPENDENT SCHOOL DISTRICT NOMINATING A CANDIDATE FOR A POSITION ON THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT WHEREAS, those school districts other than the Houston Independent School District within the Harris County Appraisal District and the junior college districts within the Harris County Appraisal District have the right and responsibility to elect one person to the board of directors of the Harris County Appraisal District for a term of office commencing on January 1, 2020, and extending through December 31, 2021; and WHEREAS, this governing body desires to exercise its right to nominate a candidate for such position on said board of directors; now, therefore Section 1. That the facts and recitations set forth in the preamble of this resolution be, and they are hereby, adopted, ratified, and confirmed. Section 2. That (name), (address, zip code) ( phone number) be, and he or she is hereby nominated as a candidate for that position on the board of directors of the Harris County Appraisal District to be filled by those junior college districts and school districts other than the Houston Independent School District within the Harris County Appraisal District for a two-year term of office commencing on January 1, 2020. Section 3. That the presiding officer of the governing body of this taxing unit be, and he or she is hereby, authorized and directed to deliver or cause to be delivered a certified copy of this resolution to the chief appraiser of the Harris County Appraisal District no later than October 15, 2019. PASSED AND APPROVED this day of , 2019. President, Board of Trustees ATTEST: Secretary, Board of Trustees RESOLUTION NO. A RESOLUTION OF THE BOARD OF TRUSTEES OF THE Rigelffl ! i • NOMINATING A CANDIDATE FOR A POSITION ON THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT WHEREAS, those school districts other than the Houston Independent School District within the Harris County Appraisal District and the junior college districts within the Harris County Appraisal District have the right and responsibility to elect one person to the board of directors of the Harris County Appraisal District for a term of office commencing on January 1, 2020, and extending through December 31, 2021; and WHEREAS, this governing body desires to exercise its right to nominate a candidate for such position on said board of directors; now, therefore BE IT RESOLVED BY THE BOARD OF TRUSTEES OF Section 1. That the facts and recitations set forth in the preamble of this resolution be, and they are hereby, adopted, ratified, and confirmed. Section 2. That (name), (address, zip code) (phone number) be, and he or she is hereby nominated as a candidate for that position on the board of directors of the Harris County Appraisal District to be filled by those junior college districts and school districts other than the Houston Independent School District within the Harris County Appraisal District for a two-year term of office commencing on January 1, 2020. Section 3. That the presiding officer of the governing body of this taxing unit be, and he or she is hereby, authorized and directed to deliver or cause to be delivered a certified copy of this resolution to the chief appraiser of the Harris County Appraisal District no later than October 15, 2019. PASSED AND APPROVED this day of 12019. President, Board of Trustees ATTEST: Secretary, Board of Trustees ' / 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEXAS, NOMINATING A CANDIDATE FOR A POSITION ON THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT WHEREAS, those cities and towns other than the City of Houston within the Harris County Appraisal District have the right and responsibility to elect one person to the board of directors of the Harris County Appraisal District for a term of office commencing on January 1, 2020, and extending through December 31, 2021; and WHEREAS, this governing body desires to exercise its right to nominate a candidate for such position on said board of directors; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF Section 1. That the facts and recitations set forth in the preamble of this resolution be, and they are hereby, adopted, ratified, and confirmed. Section 2. That (name), (address, zip code) (phone number), be, and he or she is hereby, nominated as a candidate for that position on the board of directors of the Harris County Appraisal District to be filled by those cities and towns other than the City of Houston within the Harris County Appraisal District for a two-year term of office commencing on January 1, 2020. Section 3. That the presiding officer of the governing body of this taxing unit be, and he or she is hereby, authorized and directed to deliver or cause to be delivered a certified copy of this resolution to the chief appraiser of the Harris County Appraisal District no later than October 15, 2019. PASSED AND APPROVED this day of , 2019. Mayor City Secretary RESOLUTION 1 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE (CONSERVATION & RECLAMATION DISTRICT) NOMINATING A CANDIDATE FOR A POSITION ON THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT WHEREAS, those eligible conservation and reclamation districts participating in the Harris County Appraisal District have the right and responsibility to elect one person to the board of directors of the Harris County Appraisal District for a tenn of office commencing on January 1, 2020, and extending through December 31, 2021; and WHEREAS, this governing body desires to exercise its right to nominate a candidate for such position on said board of directors; now, therefore Section 1. That the facts and recitations set forth in the preamble of this resolution be, and they are hereby, adopted, ratified, and confirmed. Section 2. That (name), (address, Zip code) ( phone number), be, and he or she is hereby, nominated as a candidate for that position on the board of directors of the Harris County Appraisal District to be filled by those eligible conservation and reclamation districts participating in the Harris County Appraisal District for a two-year term of office commencing on January 1, 2020. Section 3. That the presiding officer of the governing body of this taxing unit be, and he or she is hereby, authorized and directed to deliver or cause to be delivered a certified copy of this resolution to the chief appraiser of the Harris County Appraisal District no later than October I5, 2019. PASSED AND APPROVED this day of 12019. President, Board of Directors Secretary, Board of Directors Mike Sullivan Director, Harris County Appraisal District 4811 Shore Hills Dr. Kingwood, TX 77345 (713) 898-6969 Mobile August 24, 2019 The Honorable Louis R. Rigby Mayor, City of La Porte 604 West Fairmont Parkway LaPorte, TX 77571-6215 Re: Harris County Appraisal District Board of Directors Dear Mayor Rigby: It has been an honor to serve as your representative on the Harris County Appraisal District Board of Directors. Of the six Directors, I was elected to serve "cities and towns other than Houston", and I take that responsibility seriously. My term ends December 31, 2019, and I am writing to ask you and your city to pass a Resolution nominating me to another two-year term. During my time on the HCAD Board, I have worked hard to ensure that your voice was heard, that budgets are kept in check, and to keep you posted with data, timelines, and maps. Going forward, I pledge to do the same, and to be accessible to you and your city council. HCAD has mailed a packet to your city, and in it were details as to the nomination process, timelines, and a sample Resolution for you to use. However, I want to highlight that nominations (by Resolution) are due by October 15, 2019. If unable to locate the HCAD packet, please let me know, and I will have another sent to you. I respectfully request that you and your city council nominate me for another two-year term on the HCAD Board of Directors. My previous service on the Board, as Harris County Tax Assessor -Collector, and in the private sector have given me broad experiences that translate to important and meaningful service on the Board. Please contact me if you have any questions, or if I can answer any questions. Y ur truly, � F Mike Sullivan Director, Harris County Appraisal District (Not printed at taxpayer expense) REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 9, 2019 Requested By: Michael G. Dolby, CPA Department: Finance ' Report Ir' Resolution 4Ordinance Exhibits: Ordinance, Proposed FY2020 Budget Presentation, Current Grade Structure and New Grade Structure Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: Yes No SUMMARY The City Council held budget workshops on August 12 through August 13, 2019 to discuss proposed budgets for the fiscal year beginning October 1, 2019 and ending September 30, 2020. The Summary of Funds, which is shown below, represents the result of the workshops held with City Council. All changes made by Council were incorporated into the various budgets. There is no change in the Tax Rate, which has remained constant for the last thirty-one years. Revised 2019 Proposed 2020 General Fund $ 45,192,758 $ 54,429,634 Grant Fund 757,388 8,857,843 Street Maintenance Sales Tax Fund 2,564,898 3,195,000 Emergency Services District Sales Tax 1,096,913 1,273,334 Fund Hotel/Motel Occupancy Tax 634,537 809,777 Economic Development Corporation 3,222,343 2,929,197 Tax Increment Reinvestment Zone 5,353,933 5,383,569 Utility 7,104,135 8,287,115 Airport 343,407 90,680 La Porte Area Water Authority 1,222,235 2,307,665 Motor Pool 1,905,601 2,834,770 Insurance Fund 8,625,062 9,043,630 Technology Fund 86,300 278,828 General Capital Improvement 10,536,191 8,695,869 Utility Capital Improvement 3,196,525 1,715,000 Sewer Rehabilitation Capital 255,643 350,000 Improvement Drainage Improvement Fund 804,004 480,000 General Debt Service 4,733,822 4,657,119 Total of All Funds $97,635,695 $115,619,030 There is no change in the Tax Rate, which has remained constant for the last thirty-one years. Also, in this presentation we have some follow-up from the salary/compensation study that was requested by City Council for staff to work to complete. This will be discussed toward the end of the Proposed FY2020 Budget public hearing presentation. Additionally, staff has included the current pay grade schedule and a new pay grade schedule that will be discussed during the salary/compensation study portion of the budget public hearing. RECOMMENDED MOTION Consider and discuss approval of the City's Fiscal Year 2019-20 Budget. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1, 2019 THROUGH SEPTEMBER 30, 2020; FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the Charter of the City of La Porte, Texas, and the Statutes of the State of Texas, require that an annual budget be prepared and presented to the City Council of the City of La Porte, Texas, prior to the beginning of the fiscal year of said City, and that a public hearing be held prior to the adoption of said Budget; and WHEREAS, the Budget for the fiscal year October 1, 2019, through September 30, 2020, has heretofore been presented to the City Council and due deliberation had thereon, was filed in the office of the City Secretary on July 23, 2019, and a public hearing scheduled for September 9, 2019 was duly advertised and held. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: SECTION 1: That the Budget for the City of La Porte, Texas, now before the said City Council for consideration, a complete copy of which is on file with the City Secretary and incorporated hereto by reference, is hereby adopted as the Budget for the said City of La Porte, Texas, for the period of October 1, 2019, through September 30, 2020. SECTION 2: Be it FURTHER ORDAINED, that the said City Council finds that all things requisite and necessary to the adoption of said Budget have been performed as required by charter or statute. SECTION 3: The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. SECTION 4: This Ordinance shall be in effect from and after its passage and approval. PASSED AND APPROVED this the 9t� day of September, 2019. CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor ATTEST: Lee Woodward, City Secretary APPROVED AS TO FORM: -7-4 Claris T. 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N 0 r14 11-1 N > Ol 4-J (3) U- 4= 0 L- (3) 4- L- V) -0 (3) -0 0 =3 =3 4- 0 0 twu Ln c 0 (U •> r-4 -- L- _0 0 (U E (U m U - w Q) L- _0 L- 0 =3 m 4- Ln Ln C- 0 c 0 E 0 4- +-j Ln Ln Q) =3 0 m C- 0 (U -0 (U 0> bm 0 0 Ln CL CL (U m Ln LU < 4-J 4-J O 0 0 CL 4-J CL 4-J 0 0 CL 0 CSA 0 U 0 !E U o 4.- 0 U .0 4-J _0 M 4-J CL E E _0 00 0 C: u u CL — o 4-J o 4-J E u u 4-J C: E 4-J 0 M 4-J 4-J V) C: Qj Ul) LU cc 0 N 0 r14 11-1 N > Ol 4-J (3) U- 4= 0 L- (3) 4- L- V) -0 (3) -0 0 =3 =3 4- 0 0 twu Ln c 0 (U •> r-4 -- L- _0 0 (U E (U m U - w Q) L- _0 L- 0 =3 m 4- Ln Ln C- 0 c 0 E 0 4- +-j Ln Ln Q) =3 0 m C- 0 (U -0 (U 0> bm 0 0 Ln CL CL (U m Ln LU < City of La Parte Position Classification Effective 10/01/2017; Updated 2/1/2019 Classification I FLSA Department 7 Hourly Annual Grade 008 N Parks $12.252 $15.315 $18.378 $25,485 $31,856 $38,226 Custodian N Parks Golf Course Mechanic N Golf Mechanic N Public Works Park Maintenance Worker I N Parks Secretary IV N CSO/CMO Treatment Plant Mechanic N Public Works Utilities Groundskeeper N Public Works Water Production Operator 11 N Public Works Grade 009 $12.743 $15.927 $19.113 $26,505 $33,128 $39,754 Receptionist N Finance Grade 010 $13.252 $16.564 $19.876 $27,564 $34,453 $41,343 Golf Course Worker N Golf Solid Waste Worker N Public Works Grade 011 $13.781 $17.226 $20.672 $28,665 $35,831 $42,998 Building Maintenance Technician N Police Customer Service Assistant N Parks Mechanic Assistant N Public Works Park Maintenance Worker 11 N Parks Grade 012 $14.333 $17.915 $21.498 $29,813 $37,264 $44,716 Golf Cart Mechanic N Golf Course Customer Service Clerk N Finance Deputy Court Clerk N Court Equipment Operator I N Public Works Inspection Service Technician N Planning Meter Reader N Finance Therapeutic Recreation Specialist N Parks Grade 013 $14.907 $18.632 $22.358 $31,006 $38,754 $46,505 Records Specialist N Police Secretary N PW/Police/FMO/Parks Utility Operator I N Public Works Warehouse Specialist N Public Works Grade 014 $15.503 $19.378 $23.254 $32,246 $40,307 $48,368 Building Maintenance Technician I N Parks EMS Billing Specialist N EMS Financial Services Technician N Finance HR Specialist N HR Pool Maintenance Technician N Parks Utility Billing Assistant N Finance Grade 015 $16.122 $20.152 $24.183 $33,533 $41,917 $50,301 Equipment Operator 11 N Public Works Golf Coordinator N Golf Lift Station Operator N Public Works Mosquito Control Technician N Public Works Records Specialist N CSO Recreation Center Specialist N Parks Senior Golf Course Worker N Golf Grade 016 $16.769 $20.960 $25.150 $34,879 $43,596 $52,313 Animal Control Officer N Police Assistant Recreation Therapist N Parks Building Maintenance Technician II N Parks Buyer N Purchasing Criminal Investigation Specialist N Police Golf Course Mechanic N Golf Mechanic N Public Works Planning Technican N Planning Secretary IV N CSO/CMO Treatment Plant Mechanic N Public Works Utility Operator II N Public Works Water Production Operator 11 N Public Works City of La Parte Position Classification Effective 10/01/2017; Updated 2/1/2019 Classification I FLSA Department 7 Hourly Annual Grade 017 $17.438 $21.798 $26.157 $36,271 $45,340 $54,406 Computer Support Specialist I N IT Jailer N Police Parts Manager N Public Works Sr. Financial Services Technician N Finance Sr. Park Maintenance Worker N Parks Telecommunicator N Police Treatment Plant Operator II N Public Works Utility Billing Coordinator N Finance Grade 018 $18.135 $22.670 $27.203 $37,721 $47,153 $56,583 Administrative Assistant N Fire Benefits Specialist N HR Sr. Deputy Court Clerk N Court Deputy Tax Collector N Finance Engineering Technician N Planning Inspection Services Coordinator N Planning Property Room Custodian N Police Risk & Safety Specialist N HR Sr. Equipment Operator N Public Works Grade 019 $18.861 $23.576 $28.292 $39,231 $49,038 $58,848 Community Service Inspector N Planning Deputy Fire Marshal I N Fire GIS Technician N Planning Grade 020 $20.507 $25.634 $30.760 $42,654 $53,318 $63,981 Assistant Golf Pro E Golf Computer Support Specialist III Lead Telecom municator Office Coordinator Recreation Therapist Sr. Lift Station Operator Sr. Mechanic Sr. Utility Maintenance Operator N IT N Police N/E PW/Police/Parks/Planning N Parks N Public Works N Public Works N Public Works Grade 021 $21.328 $26.659 $31.990 $44,362 $55,451 $66,540 Industrial Waste Inspector N Public Works Building Inspector N Planning Senior Services Coordinator E Parks Senior Treatment Plant Operator N Public Works Grade 022 $22.180 $27.725 $33.271 $46,135 $57,669 $69,203 Accountant E Finance Contract Administrator N Purchasing Plans Examiner E Planning Recreation Programs Coordinator E Parks Grade 023 $23.068 $28.836 $34.602 $47,981 $59,978 $71,972 Animal Control Supervisor N Police Assistant City Secretary E CSO Building Maintenance Tech Supervisor N Parks Crime Victim Liaison N Police Deputy Fire Marshal II N Fire Equipment Services Supervisor E Public Works Parks Maintenance Supervisor N Parks Public Improvement Inspector N Public Works Solid Waste Supervisor N Public Works Street Maintenance Supervisor N Public Works Support Services Supervisor N Police Treatment Plant Supervisor N Public Works Utility Supervisor N Public Works Water Production Supervisor N Public Works Grade 024 $23.991 $29.989 $35.987 $49,902 $62,377 $74,853 Grade 025 $24.950 $31.188 $37.426 $51,897 $64,872 $77,846 Utility Billing Supervisor N Finance City of La Parte Position Classification Effective 10/01/2017; Updated 2/1/2019 Classification I FLSA Department 7 Hourly Annual Grade 026 E Parks $25.949 $32.435 $38.922 $53,973 $67,465 $80,957 Accounting Coordinator E Finance Grade 037 $46.731 $49.561 $70.096 Deputy Building Official N Planning GIS Manager E Planning $51.543 $70.096 $97,200 $107,210 $145,799 Head Professional Golf Pro E Golf $30.355 $37.944 $45.532 $63,139 $78,924 $94,707 Grade 027 N Fire $26.986 $33.732 $40.479 $56,131 $70,163 $84,196 Assistant Utility Superintendent E Public Works $31.569 $39.462 $47.355 $65,664 $82,080 $98,498 Assistant Emergency Management Coordinator E EOC Capital Improvement Project Manager E Public Works Marketing/Special Event Specialist N CMO Senior Systems Administrator N IT $32.832 $41.040 $49.248 $68,291 $85,363 $102,436 Special Services Superintendent E Parks $34.146 $42.684 $51.220 $71,024 $88,782 $106,538 Grade 028 $28.065 $35.082 $42.098 $58,376 $72,970 $87,563 Controller E Finance Grade 029 E IT $29.188 $36.485 $43.781 $60,710 $75,888 $91,065 City Planner E Planning Court Administrator E Court Equipment Services Superintendent E Public Works $36.932 $45.822 $54.712 $76,818 $95,309 $113,801 Network Administrator N IT Parks Maintenance Superintendent E Parks $70.096 $97,200 $99,121 $145,799 Recreation Superintendent E Parks Grade 037 $46.731 $49.561 $70.096 Street Maintenance Superintendent E Public Works Utility Superintendent E Public Works $51.543 $70.096 $97,200 $107,210 $145,799 Grade 030 $30.355 $37.944 $45.532 $63,139 $78,924 $94,707 Fire Training/Safety Officer N Fire $145,799 Grade 031 Grade 040 $31.569 $39.462 $47.355 $65,664 $82,080 $98,498 Chief Building Official E Planning Economic Development Coordinator E CMO Golf Course Superintendent E Golf Grade 032 $32.832 $41.040 $49.248 $68,291 $85,363 $102,436 Grade 033 $34.146 $42.684 $51.220 $71,024 $88,782 $106,538 Grade 034 $35.512 $44.390 $53.267 $73,865 $92,331 $110,795 Controller E Finance IT Manager E IT Purchasing Manager E Purchasing Treasurer E Finance Grade 035 $36.932 $45.822 $54.712 $76,818 $95,309 $113,801 Assistant Director of Public Works E Public Works Assistant Fire Chief E Fire Assistant Police Chief E Police City Engineer E Planning EMS Chief E EMS Emergency Management Coordinator E EOC Fire Marshal E Fire Human Resources Manager E HR Grade 036 $46.731 $47.655 $70.096 $97,200 $99,121 $145,799 Grade 037 $46.731 $49.561 $70.096 $97,200 $103,086 $145,799 Grade 038 $46.731 $51.543 $70.096 $97,200 $107,210 $145,799 Grade 039 $46.731 $53.605 $70.096 $97,200 $111,498 $145,799 Grade 040 $46.731 $55.749 $70.096 $97,200 $115,958 $145,799 City of La Parte Position Classification Effective 10/01/2017; Updated 2/1/2019 Classification I FLSA Department 7 Hourly Annual Grade 041 $46.731 $58.414 $70.096 $97,200 $121,501 $145,799 Chief of Police E Police Director of Finance E Finance Director of Parks and Recreation E Parks Director of Planning E Planning Director of Public Works E Public Works Grade 042 $48.600 $60.751 $72.901 $101,089 $126,361 $151,633 Grade 043 $50.544 $63.181 $75.817 $105,132 $131,415 $157,699 Grade 044 $52.564 $65.706 $78.846 $109,334 $136,668 $164,000 Assistant City Manager E CMO Grade 045 $52.564 $68.334 $78.846 $109,334 $142,135 $164,000 Grade 046 $52.564 $71.067 $78.846 $109,334 $147,820 $164,000 Grade 047 $52.564 $73.910 $78.846 $109,334 $153,733 $164,000 Grade 123 City Manager E CMO City Secretary E CSO Golf Course Manager E Golf Presiding Judge E Municipal Court City of La Porte Position Classification Effective 10/01/2017, Updated 2/1/2019 Classification FLSA I Department Hourly Annual Grade 008 $12.252 $15.315 $18.378 $25,485 $31,856 $38,226 Grade 009 $12.743 $15.927 $19.113 $26,505 $33,128 $39,754 Receptionist N Finance Custodian N Parks Utilities Groundskeeper N Public Works Grade 010 $13.252 $16.564 $19.876 $27,564 $34,453 $41,343 Grade 011 $13.781 $17.226 $20.672 $28,665 $35,831 $42,998 Customer Service Assistant N Parks Mechanic Assistant N Public Works Grade 012 $14.333 $17.915 $21.498 $29,813 $37,264 $44,716 Golf Cart Mechanic N Golf Course Customer Service Clerk N Finance Equipment Operator I N Public Works Inspection Service Technician N Planning Meter Reader N Finance Therapeutic Recreation Specialist N Parks Park Maintenance Worker I N Parks Golf Course Worker N Golf Building Maintenance Technician N Police Grade 013 $14.907 $18.632 $22.358 $31,006 $38,754 $46,505 Records Specialist N Police Secretary N PW/Police/FMO/Parks Utility Operator I N Public Works Warehouse Specialist N Public Works Solid Waste Worker N Public Works Deputy Court Clerk N Court Grade 014 $15.503 $19.378 $23.254 $32,246 $40,307 $48,368 EMS Billing Specialist N EMS Pool Maintenance Technician N Parks Utility Billing Assistant N Finance Grade 015 $16.122 $20.152 $24.183 $33,533 $41,917 $50,301 Equipment Operator II N Public Works Mosquito Control Technician N Public Works Records Specialist N CSO Recreation Center Specialist N Parks Park Maintenance Worker II N Parks Financial Services Technician N Finance HR Specialist N HR Building Maintenance Technician I N Parks Grade 016 $16.769 $20.960 $25.150 $34,879 $43,596 $52,313 Animal Control Officer N Police Assistant Recreation Therapist N Parks Buyer N Purchasing Golf Course Mechanic N Golf Mechanic N Public Works PlanningTechnican N Planning Secretary IV N CSO/CMO Treatment Plant Mechanic N Public Works Utility Operator II N Public Works Water Production Operator II N Public Works Lift Station Operator N Public Works Parts Manager N Public Works Sr. Financial Services Technician N Finance Sr. Park Maintenance Worker N Parks Telecommunicator N Police Treatment Plant Operator II N Public Works Golf Coordinator N Golf Senior Golf Course Worker N Golf Building Maintenance Technician II N Parks Criminal Investigation Specialist N Police Grade 018 $18.135 $22.670 $27.203 $37,721 $47,153 $56,583 Administrative Assistant N Fire Benefits Specialist N HR Sr. Deputy Court Clerk N Court Deputy Tax Collector N Finance Engineering Technician N Planning Inspection Services Coordinator N Planning Property Room Custodian N Police Risk & Safety Specialist N HR Sr. Equipment Operator N Public Works Computer Support Specialist I N IT Utility Billing Coordinator N Finance Grade 019 N $18.861 $23.576 $28.292 $39,231 $49,038 $58,848 Community Service Inspector N Planning Deputy Fire Marshal I N Fire GIS Technician N Planning Grade 020 $20.507 $25.634 $30.760 $42,654 $53,318 $63,981 Assistant Golf Pro E Golf Computer Support Specialist III N IT Lead Telecom municator N Police Office Coordinator N/E PW/Police/Parks/Planning Recreation Therapist N Parks Sr. Mechanic N Public Works Sr. Utility Maintenance Operator N Public Works Grade 021 $21.328 $26.659 $31.990 $44,362 $55,451 $66,540 Industrial Waste Inspector N Public Works Building Inspector N Planning Senior Services Coordinator E Parks Senior Treatment Plant Operator N Public Works Sr. Lift Station Operator N Public Works Grade 022 $22.180 $27.725 $33.271 $46,135 $57,669 $69,203 Plans Examiner E Planning Grade 023 $23.068 $28.836 $34.602 $47,981 $59,978 $71,972 Animal Control Supervisor N Police Crime Victim Liaison N Police Deputy Fire Marshal II N Fire Equipment Services Supervisor E Public Works Parks Maintenance Supervisor N Parks Public Improvement Inspector N Public Works Solid Waste Supervisor N Public Works Street Maintenance Supervisor N Public Works Support Services Supervisor N Police Treatment Plant Supervisor N Public Works Utility Supervisor N Public Works Water Production Supervisor N Public Works Accountant E Finance Recreation Programs Coordinator E Parks Grade 025 $24.950 $31.188 $37.426 $51,897 $64,872 $77,846 Building Maintenance Tech Supervisor N Parks Utility Billing Supervisor N Finance Grade 026 $25.949 $32.435 $38.922 $53,973 $67,465 $80,957 Accounting Coordinator E Finance GIS Manager E Planning Head Professional Golf Pro E Golf Grade 027 $26.986 $33.732 $40.479 $56,131 $70,163 $84,196 Assistant Utility Superintendent E Public Works Assistant Emergency Management Coordinator E EOC Capital Improvement Project Manager E Public Works Marketing/Special Event Specialist N CMO Senior Systems Administrator N IT Special Services Superintendent E Parks Assistant City Secretary E CSO Grade 028 $28.065 $35.082 $42.098 $58,376 $72,970 $87,563 Deputy Building Official N Planning Grade 029 $29.188 $36.485 $43.781 $60,710 $75,888 $91,065 Court Administrator E Court Equipment Services Superintendent E Public Works Network Administrator N IT Parks Maintenance Superintendent E Parks Recreation Superintendent E Parks Street Maintenance Superintendent E Public Works Utility Superintendent E Public Works Grade 030 $30.355 $37.944 $45.532 $63,139 $78,924 $94,707 Fire Training/Safety Officer N Fire Grade 031 $31.569 $39.462 $47.355 $65,664 $82,080 $98,498 Economic Development Coordinator E CMO Golf Course Superintendent E Golf City Planner E Planning Grade 032 $32.832 $41.040 $49.248 $68,291 $85,363 $102,436 Grade 033 $34.146 $42.684 $51.220 $71,024 $88,782 $106,538 Chief Building Official E Planning Grade 034 $35.512 $44.390 $53.267 $73,865 $92,331 $110,795 Controller E Finance Purchasing Manager E Purchasing Treasurer E Finance Grade 035 $36.932 $45.822 $54.712 $76,818 $95,309 $113,801 EMS Chief E EMS Emergency Management Coordinator E EOC Fire Marshal E Fire Grade 036 $46.731 $47.655 $70.096 $97,200 $99,121 $145,799 Assistant Director of Public Works E Public Works Grade 037 $46.731 $49.561 $70.096 $97,200 $103,086 $145,799 Grade 038 $46.731 $51.543 $70.096 $97,200 $107,210 $145,799 IT Manager E IT Assistant Fire Chief E Fire City Engineer E Planning Grade 039 $46.731 $53.605 $70.096 $97,200 $111,498 $145,799 Human Resources Manager E HR City of La Porte Position Classification Effective 10/01/2017, Updated 2/1/2019 Classification FLSA I Department r Hourly Annual Grade 040 $46.731 $55.749 $70.096 $97,200 $115,958 $145,799 Grade 041 $46.731 $58.414 $70.096 $97,200 $121,501 $145,799 Director of Finance E Finance Director of Parks and Recreation E Parks Grade 042 $48.600 $60.751 $72.901 $101,089 $126,361 $151,633 Assistant Police Chief E Police Director of Planning E Planning Director of Public Works E Public Works Grade 043 $50.544 $63.181 $75.817 $105,132 $131,415 $157,699 Grade 044 $52.564 $65.706 $78.846 $109,334 $136,668 $164,000 Grade 045 $52.564 $68.334 $78.846 $109,334 $142,135 $164,000 Chief of Police E Police Grade 046 $52.564 $71.067 $78.846 $109,334 $147,820 $164,000 Grade 047 $52.564 $73.910 $78.846 $109,334 $153,733 $164,000 Assistant City Manager E CMO Grade 123 City Manager E CMO City Secretary E CSO Golf Course Manager E Golf Presiding Judge E Municipal Court REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 9, 2019 Requested By: Corby Alexander, City Manager Department: CMO ' Report Ir' Resolution " Ordinance Exhibits: Preliminary Sponsorship Policy and Application Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: Yes No SUMMARY With recent requests for sponsorships, the City Council thought it was important for the City to establish a policy as it pertains to the awarding of sponsorships. Pulling inspiration from other cities across the U.S. and Canada, staff created the attached policy as a starting point for the Council to build upon or take away from as they see fit. RECOMMENDED MOTION As appropriate to provide direction to staff. Should the desire be to adopt the policy as presented. I move to adopt the City Sponsorship Policy as presented. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date The City of La Porte is excited to potentially partner with your program or event. Please fill out the information below and return it to the City. Organization Name: ClIlIdk heire to enteir text, Contact Name: ClIlIdk heire to enteir text, Federal Tax I.D. ClIlIdk heire to enteir text, Contact Number: ClIlIdk heire to enteir text, Organization Address: ClIlIdk heire to enteir text, Contact Email: ClIlIdk heire to enteir text, City/State/ZIP: ClIlIdk heire to enteir text, Which Describes Your Organization? For -Profit Corporation: ❑ 501.C*: ❑ Government Entity: ❑ *If you have identified your organization as a 501.C, please attach a copy of your IRS determination letter Funding Please Indicate Sponsorship Type Requested: Monetary ❑ In -Kind ❑ Describe In -Kind Services Requested: ClIlIdk heire to enteir text, Total Amount Requested: ClIlIdk heire to enteir text, Name of the Program/Event: ClIlIdk heire to enteir text, Describe the Program/Event: ClIlIdk heire to enteir text, I certify that all figures, facts and representations made in this application, including attachments, are true and correct to the best of my knowledge and that I am empowered to sign on behalf of the applicant organization. X Applicant Representative, Date About Your Event or Program Are you requesting sponsorship for an event or program? ❑ Event ❑ Program Official name of the event or program: Dates(s) of event/program: Time(s) and duration of event/program: Physical location of the event/program: Is this a request for an event/program in the city limits of La Porte or on city -owned property? ❑ Yes ❑ No Total expected attendance: How many hotel stays are expected? If none, answer N/A: Total event/program budget: *Please attach the budgeted and actual costs for the event/program the last 2 years. Who is served by your event or program (Age range, profession, etc.)? 2 Sponsorship Policy I. Introduction The purpose of this sponsorship policy is to provide administrators with guidelines when the City is approached by organizations to support local festivals, special events, community projects or programs. The City of La Porte recognizes the value of these partnerships to the community but also its charge to maintain fiscal responsibility. The following policy has been established to direct when co-sponsorship or in-kind services can be approved. II. Policy In order to be considered for approval, the opportunity must: • Move forward the mission and goals of the City of La Porte. • Have an entirely filled application form. • Demonstrate value to either the Citizens of La Porte, the La Porte Business Community, or the area as a whole • Conform to all applicable federal and state statutes, and to all applicable City ordinances, policies, and practices. • The sponsorship must not result in any competitive advantage, benefit, or preferential treatment for the sponsor outside of the sponsorship agreement. • Be presented to City staff by February 15th before the budget year in which the opportunity takes place. • Show the City logo on all materials showing event sponsors. • Get pre -approval of the use of City logo, slogan, branding statement, or quote. Also note: • Sponsorship approvals are made on an annual basis and shall be considered as one-time approvals. City participation should not be an expected line item in the receiving organization's budget. • The City reserves the right to assess all activities at any time to ensure all rules, regulations, conditions of use, and City and health and safety laws are not violated. Sponsorships and in-kind services can be revoked at any time, effective immediately. • The sponsorship cannot make up over half of the opportunity's total cost. • The opportunity cannot be held to advocate a political position or figure. • The hosting organization will not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, marital status, sex, or sexual orientation. Further, the organization must agree to conform to the requirements of the Americans with Disabilities Act. • Religious organizations, companies, or groups may obtain sponsorships if the proposed program, event, or project neither promotes religious messages nor advocates for or promotes religious beliefs. • Any sponsorship above $500 must be approved by La Porte City Council. III. Definitions • In -Kind Contributions: Donations of goods, services, or time instead of cash. • Opportunity: The program or event in which the applicant is asking for City participation, whether it be cash or in-kind. • Sponsorship: When the City decides to donate either cash or in-kind contributions to an opportunity. REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 9, 2019 Requested By: Jason Weeks, Asst. City Manag( Department: Administration/CMO Report Ir' Resolution" Ordinance Exhibits: HYC Sponsorship Presentation Appropriation Source of Funds: Hotel/Motel Fund Account Number: 037-6063-565-2075 Amount Budgeted: $55,700 Amount Requested: $10,000 Budgeted Item:; Yes" No SUMMARY In past years, the City of La Porte has funded specific Houston Yacht Club regatta events. Last summer, the City sponsored the 2018 United States Laser National Championships in the amount of $10,000. This year, the Houston Yacht Club has approached the City of La Porte for an annual sponsorship in the amount of $10,000 that will encompass multiple events throughout the 2019-2020 year. These events are: • Houston Open One Design Regatta (HOOD) — September 20-22 • Turkey Day Regatta — November 23 • Mid -Winter Regatta — February 22, 2020 • Optimist Gulf Coast Championship — March 13-15, 2020 • Reggae Regatta — Spring 2020 • Leukemia Cup Regatta — June 2020 The regattas bring visitors to the City that will fill up local hotels, and bring business to restaurants, grocery stores, gas stations, and retail shops. The HOOD Regatta is expected to bring 75 registered boats and approximately 225-250 competitors and families to the city, of which 30% is expected to be out of town visitors. The Optimist Gulf Coast Championship is expected to bring 150-200 competitors and families to La Porte, with 50% of those be from out of town. The Reggae Regatta is expected to bring additional out of town competitors and families. The Houston Yacht Club is requesting support and sponsorship in the amount of $10,000 as they prepare to host these events. The funds will assist in- - providing necessities such as hospitality and receptions for competitors/families; - supplement lunches for youth competitors; - fuel for safety and coach boats; - energy snacks and quench drinks when racers get off the water; and - ice; trophies for the kids; and the first aid station. In return for the sponsorship, the Houston Yacht Club will prominently display the City's name and logo on their website, in printed media, in the regatta programs, in sponsor recognition displays, and on the regatta shirts. A member of the Houston Yacht Club will be at the meeting to make a presentation to the Council. RECOMMENDED MOTION I move to approve $ in sponsorship funds to be awarded to the Houston Yacht Club for the events presented in consideration for the City of La Porte being recognized as a sponsor for those events. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date _ N C6 � C6 i O Q N o W 0L O 0 N .O =3 Q U RajE �� Ln m +-j +-j ca 4� rlC a W r -I O N 1 N O +-+ Cl N O O 1 N N LL • cu =3 b.0 U oc � E b-0� o � O O N b.0 0 o E 0 U cD Q0 � U O tt= C:0 00 -J �' 0 =3 o �_ _ .� 4-J a .E 0 cu =3 b.0 U oc � E b-0� o � O O N ,7 L Ln0 E Q Q V V v Ln X v � v m = O v -4t N Q N 0 0 0 4-ja.., n , W C: H 4--) O IL 0-+ N ^ . _ r-4 N X O j p •0L 0 O Ol C =34- j -C 4A rl O -C C Q O r,,4O - o V m — C:L m (6 0 _0 �--i N E m V 4--) U 4 c6 x C� QJ N j N QJ pC h n �--i (n C6 a --j Lf) N (a) O 4A 4A r.%a--+ c6 L L E ,N (� 4A 0 w V -j H �n 0 0 > > %-l' 2 ,7 L Ln0 E Q Q V V v Ln X v � v m = O v -4t N Q N 0 0 0 O O V L C6 G Cl LE O .CL E U a--+ N roO U 4-j N • E 4-j 0- 0 0 N .E C6 LL c6 N i O Q E O V N C6 m O N O Ln V Q LU • E m C: 9.0 V) •E O V � 0 � � O O }, �� c6 =3 O .,.., O O O 0-0 Ln o •a c6 =3 E cr C6 C6 N -0 +-+ C C6 N Q =3 • • • buo c .L- m N i O O CL E O Ln 0 _ c M M c 4- 0 -0 +_+ L - .Ln v Q) °C L- v O bn Q) � Z o 0 L- CL o u � Q) o E c Q) O +, U C: L- O O N O O Ln O "E O= M 4- N c ao � a E m o L- 0 cn cn • • • +j 0- m m v bn v O bn • O E O �. O O bn Q O Q U O Ln -0 L- O � O Q Q) � O O v o c: ao c o C: O O .L- O v c _r_ +� O c� N O O "E c -0 m c bn M N L- O O — cn N i �.J C6 0 W 0 0 y� y� O 1 0 bKJ i lV, T 0 4-, O 0 V � � � 0 ^•` O E � N V N • V � � 1 4—j a--+ • V N L- N .- —0 0 V N C6 N V xj — N V Q 0 N = (n LL O � (� 0- a—' —0 —0 N•> 0 L > O L NLn 0 •� Q ate--+ • — Ln N a••i N (n O _ •� O 0 NLn Q U cr 0 V 1 Ln • i �.J VV W y� y� O bKJ O � V � � � O V � � O � O O `'— f6 O V N V V � C6 V xj — E Ln Q O 4-- = (n LL W V L O C6 •�bn _ Q) Cl N b _I_— N C O %4— 1 4-j0 �0) V C6 V N a) O Ln E � V � o � a� c� c� cn aA 4 J CO Ln E Ln O Lll � V O4A — O E— E N O U- E Q v o 4-j %.1 -- CO N � Ln O O O N> cin J c6 4A 4.5 O N v Ln o -a 4-j Q O � J Q V Q N ate--+ C6 N V • 0 �, -0 O +-j Q 4-jcn O +j O (6 C: m N ' — Q a..+ -0 N 4A U Q N V +� >— O c6 i _0 O c O cn � t�A ._N +_�-+ U .i C� o O O cn ___ -a O O 19 L N C6 >, o-+ J In V O V � =3 O a) O Q cll c: I O O O O ,O ca 19 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 9, 2019 Requested By: Michael G. Dolby, CPA Department: Finance ' Report I; Resolution (" Ordinance Exhibits: Resolution 2019-17, Certified Appraisal Roll Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item:" Yes" No SUMMARY On August 16, 2019, the City of La Porte received the Certified Appraisal Roll from the Harris County Appraisal District (HCAD). Section 26.04 of the state Property Tax Code (Title 1 of the Tax Code) requires the submission of the appraisal roll to the governing body. The 2019 Certified Tax Roll for the City of La Porte, as received from the Harris County Appraisal District (HCAD), shows a total appraised value of $3,825,270,720 and a total taxable value of $3,150,924,309. RECOMMENDED MOTION I move to adopt Resolution 2019-17, adopting the 2019 appraisal roll of the Harris County Appraisal District. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date RESOLUTION NO. 2019-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, ADOPTING THE 2019 APPRAISAL ROLL OF THE HARRIS COUNTY APPRAISAL DISTRICT WHEREAS, the Harris County Appraisal District has submitted to the City Council of the City of La Porte, for approval, the 2019 tax appraisal roll; and WHEREAS, the City Council is of the opinion that the 2019 appraisal roll with the amounts shown therein should be adopted; and WHEREAS, the Harris County Appraisal District has certified to the City Council that there was situated in the City of La Porte, as of January 1, 2019, property with a total appraised value of $3,825,270,720.00 and a total taxable value of $3,150,924,309.00; and WHEREAS, new personal property added to the appraisal roll had a total taxable value of $818,801.00 as of January 1, 2019. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, THAT: Section 1. The 2019 tax appraisal roll, showing that there was situated in the City of La Porte, as of January 1, 2019, property with a total appraised value of $3,825,270,720.00 and a total taxable value of $3,150,924,309.00, as submitted by the Harris County Appraisal District, is hereby adopted. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place, and subj ect of this meeting of the City Council was posted at a place convenient to the public at the offices of City of La Porte for the time required by law preceding this meeting, as required by the Open Meetings Act, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. PASSED AND APPROVED this, the day of , 2019. ATTEST: Lee Woodward, City Secretary CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor APPROVED AS TO FORM: Clark T. Askins, Assistant City Attorney 071 THE STATE OF TEXAS,) COUNTY OF HARRIS.) HARRIS COUNTY APPRAISAL DISTRICT HOUSTON, TEXAS 2019 CERTIFICATION OF APPRAISAL ROLL AND LISTING OF PROPERTIES UNDER SECS. 26.01(c) AND (d) FOR City of La Porte Pursuant to Section 26.01(a), Texas Tax Code, I hereby certify the 2019 appraisal roll of properties taxable by City of La Porte. The roll is delivered in electronic form. The total appraised value now on the appraisal roll for this unit is: $3,825,270,720 The taxable value now on the appraisal roll for this unit is: $3,150,924,309 As required by Section 26.01(c), Texas Tax Code, I have included with your roll a listing of those properties which are taxable by the unit but which are under protest and are therefore not included in the appraisal roll values approved by the appraisal review board and certified above. My estimate of the total taxable value which will be assigned to such properties if the owners' claims are upheld by the appraisal review board is: $348,575,346 Pursuant to Section 26.01(d), Texas Tax code, the estimated value of taxable property not under protest and not yet included on the certified appraisal roll, after hearing loss, is $359,167,445 Signed this 16th day of August, 2019 Roland Altinger, CAE, RPA, CTA Chief Appraiser ASSESSOR'S ACKNOWLEDGEMENT As tax assessor/collector of the above-named taxing unit, I hereby acknowledge receipt of the certified 2019 appraisal roll on this the ,ZtX day of L. 2019 t. "4 �L<_ O w tn li CL V H D. F- w 0 � � tOSI J 9L VVV w }Q twn LL F 2 O.• u 0 0 ce a w s LIi K Q ! 11 O w O O n o 00 a O rn It O \ \ w O O O J ri LVO tD m IV O M Im 00 co UO ed O O M IL O O O O w M T h w �- N O 0 h tD d a tq CL J N 14 O M LA p n . 0' -W Nr a co t! m r•i co w M O 6 O w tn li CL V H D. 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UUU 2R el r�Q N 000 Q W 0 0 0 00 0 Ln O tmo t i0 ul H O O O O O O 000 w Ih N 0 to h O O O O Ln N O wp WH }O} F- rl oho V LL W N 0. rl rl � u 0 o o o o s rn 0 0 co a o n o O O a m to Z ri rl D M OD Im CIO ch Go O O O O O O N N O O J U J in r aQec (A o n n r W r 7 01 ° 'n ++ n o N W., E r i� cd J o.x Fes -O. W HL S {� gnF s a ~ c o Qu w Qx a� U. W x 0 n N O Y C td r r r W O r W }} Y b E L W L Ol H U F uvi JWCr N W JU E 0 rq 61 Q O N d X X X REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 9, 2019 Requested By: Michael G. Dolby, CPA Department: Finance ' Report Ir' Resolution (" Ordinance Exhibits: Effective tax rate calculation Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: Yes No SUMMARY In accordance with Truth in Taxation Legislation, if the effective tax rate is below the proposed tax rate, a municipality must hold two public hearings. The effective tax rate has been calculated to be $0.667. The proposed budget for fiscal year 2019-20 has been built around a rate of $0.71 requiring the City to hold two public hearings on the tax rate. The loss from a decrease in the property tax rate from $0.71 to $0.667 would be an estimated $1,329,092 in property tax revenues and $928,955 in In -lieu taxes. The total estimated impact to the proposed FY2020 budget would be $2,258,046. Staff is recommending the first public hearing be held Thursday, September 19 at 5:30 p.m. and the second public hearing be held Monday, September 23, at 6:00 p.m., at City Hall, (604 West Fairmont Parkway). RECOMMENDED MOTION I move that the City hold public hearings for the proposed tax rate of $0.71 for fiscal year 2019- 2020, on September 19 at 5:30 p.m. and September 23 at 6:00 p.m. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date 2019 Tax Rate Calculation Worksheet Date: 08/21/2019 01:57 PM Taxing Units Other Than School Districts or Water Districts Citv of La Porte 281-471-5020 Taxing Unit Name Phone (area code and number) 604 W. Fairmont Pkwv., La Porte, Texas 77571 ei.la-porte.tx.us Taxing Unit's Address, City, State, ZIP Code Taxing Unit's Website Address GENERAL INFORMATION. Tax Code Section 26.04(c) requires an officer, or employee designated by the governing body to calculate the effective tax rate and rollback tax rate for the taxing unit. These tax rates are expressed in dollars per $100 of taxable value calculated. The calculation process starts after the chiel'appraiser delivers to the taxing unit (lie certified appraisal roll and the estimated values of properties Wider protest. School districts do not use this form, but instead use Comptroller Form 50-859 Tax Rate Calculation Worksheet for School Districts. Water districts as defined under Water Code Section 49.001(1) do not use this, form, but instead use Comptroller Form 50-858 Water District Rollback Tax Rate Worksheet. This worksheet is provided to assist taxing units in determining tax rates. The information provided in this worksheet is offered as technical assistance and not legal advic Taxino units should consult legal counsel for interpretations of law rF ax r a rr. tion r 7— ration and ad 17 =77 777777, AV 7 2121 -rho effective tax rate enables the public to evaluate the relationship between taxes for the prior year and for the Current year based on a tax rate that would produce the sarne amount of taxes (no new taxes) if applied to the same properties that are taxed in both years. When appraisal values increase, the effective tax rate should decrease. The effective tax rate for a county is the sum of the effective tax rates Calculated for each type of tax the County levies. �7 M vr rr 'M M-77/7, 77 1. 2018 total taxable value. Enter the amount of 2018 taxable valtte oft the 2C?1 tax roll today. Include any adjustments since last year's certification, exclude Tax Code Section 25,25(d) one-third over -appraisal corrections from these a 3,776 taxable value of homesteads with tax ceilings (will deduct in Line 2) and the captured value for tax increment financing (will deduct taxes in Line 14). 2.2.01.8 tax ceilin gs. Counties, cities and junior coIlege districts. Enter 201 8 total -taxable ivalue of homesteads with tax ceilings. These include the homesteads of homeowners age 65 $280,609,401 or older or disabled. Other taxing units enter 0. If your taxing unit adopted the tax ceiling provision in 2018 or a prior year for homeowners age 65 or older or disabled, use this step.' 3. Preliminary 2018 adjusted taxable value, Subtract Line 2 from LineVfl 1. $3,150,164,375 4. 2018 total adopted tax rate. $0.710/$100 5. 2018 taxable value lost because court appeals of ARB decisions reduced 2018 ,appraised value. A. Original 2018 ARB Values. $195,994,008 B. 2018 values resulting from final court decisions. $170,865,240 C. 2018 value loss. Subtract B from A.3 $25,128,768 6. 2018,taxable value, adjusted for court-ordered reductions. Add Line 3 and Line 5C. $3,175,293,143 7. 2018 taxable value of property in territory the taxing unit deannexed after Jan. 1, $0 �2018. Enter the 2018 value of property in deannexed territory.4 8.2018 taxable value lost because property first qualified for an exemption in 2019 Note that lowering the amount or percentage of an existing exemption does not create a new exemption or reduce taxable value. If the taxing unit increased an original exemption, use the difference between the original exempted amount and the increased exempted amount. Do not include value lost to freeport or goods -in -transit exemptions. A. Absolute exemptions. Use 2018 market value: $387,376 B. Partial exemptions. 2019 exemption amount or 2019 percentage exemption times 2018 $12,333,615 value: C. Value loss. Add A and B.5 $12,720,991 9.2018 taxable value lost because property first qualified for agricultural appraisal (1- d or 1-d-1), timber appraisal, recreational/scenic appraisal or public access airport special appraisal in 2019. Use only properties that qualified in 2019 for the first time; do not use properties that qualified in 2018. A. 2018 market value: $0 B. 2019 productivity or special appraised value: $0 C. Value loss. Subtract B from A.6 $0 10. Total adjustments for lost value. Add lines 7, 8C and 9C. $12,720,991 11.2018 adjusted taxable value. Subtract Line 10 from Line 6. $3,162,572,152 12. Adjusted 2018 taxes. Multiply Line 4 by Line 11 and divide by $100. $22,454,262 13. Taxes refunded for years preceding tax year 2018. Enter the amount of taxes refunded by the taxing unit for tax years preceding tax year 2018. Types of refunds include court decisions, Tax Code Section 25.25(b) and (c) corrections and Tax Code Section 31.11 $299,329 payment errors. Do not include refunds for tax year 2018. This line applies only to tax years preceding tax year 2018. 14. Taxes in tax increment financing (TIF) for tax year 2018. Enter the amount of taxes paid into the tax increment fund for a reinvestment zone as agreed by the taxing unit. If the $1,417,801 taxing unit has no 2019 captured appraised value in Line 16D, enter 0.8 15. Adjusted 2018 taxes with refunds and TIF adjustment. Add Lines 12 and 13, subtract $21,335,790 Line 14.9 16. Total 2019 taxable value on the 2019 certified appraisal roll today. This value includes only certified values and includes the total taxable value of homesteads with tax ceilings (will deduct in Line 18). These homesteads include homeowners age 65 or older or disabled.10 A. Certified values: $3,150,924,309 B. Counties: Include railroad rolling stock values certified by the Comptroller's office: $0 C. Pollution control and energy storage system exemption : Deduct the value of property exempted for the current tax year for the first time as pollution control or energy storage $0 system property: D. Tax increment financing: Deduct the 2019 captured appraised value of property taxable $234,313,198 by a taxing unit in a tax increment financing zone for which the 2019 taxes will be deposited into the tax increment fund. Do not include any new property value that will be included in Line 21 below. 11 E. Total 2019 value. Add A and B, then subtract C and D. $2,916,611,111 17. Total value of properties under protest or not included on certified appraisal roll.12 A. 2019 taxable value of properties under protest. The chief appraiser certifies a list of $348,575,346 properties still under ARB protest. The list shows the appraisal district's value and the taxpayer's claimed value, if any, or an estimate of the value if the taxpayer wins. For each of the properties under protest, use the lowest of these values. Enter the total value. 13 B. 2019 value of properties not under protest or included on certified appraisal roll. $359,167,445 The chief appraiser gives taxing units a list of those taxable properties that the chief appraiser knows about, but are not included in the appraisal roll certification. These properties also are not on the list of properties that are still under protest. On this list of properties, the chief appraiser includes the market value, appraised value and exemptions for the preceding year and a reasonable estimate of the market value, appraised value and exemptions for the current year. Use the lower market, appraised or taxable value (as appropriate). Enter the total value. 14 C. Total value under protest or not certified: Add A and B. $707,742,791 18.2019 tax ceilings. Counties, cities and junior colleges enter 2019 total taxable value of homesteads with tax ceilings. These include the homesteads of homeowners age 65 or older $310,496,942 or disabled. Other taxing units enter 0. If your taxing units adopted the tax ceiling provision in 2018 or a prior year for homeowners age 65 or older or disabled, use this step. 15 19.2019 total taxable value. Add Lines 16E and 17C. Subtract Line 18. $3,313,856,960 20. Total 2019 taxable value of properties in territory annexed after Jan. 1, 2018. Include both real and personal property. Enter the 2019 value of property in territory $9,590,863 annexed. 16 21. Total 2019 taxable value of new improvements and new personal property located in new improvements. New means the item was not on the appraisal roll in 2018. An improvement is a building, structure, fixture or fence erected on or affixed to land. New additions to existing improvements may be included if the appraised value can be $105,733,178 determined. New personal property in a new improvement must have been brought into the taxing unit after Jan. 1, 2018, and be located in a new improvement. New improvements do include property on which a tax abatement agreement has expired for 2019.17 22. Total adjustments to the 2019 taxable value. Add Lines 20 and 21. $115,324,041 23.2019 adjusted taxable value. Subtract Line 22 from Line 19. $3,198,532,919 24.2019 effective tax rate. Divide Line 15 by Line 23 and multiply by $100.18 $0.667/$100 25. COUNTIES ONLY. Add together the effective tax rates for each type of tax the county levies. The total is the 2019 county effective tax rate. 19 1Tex. Tax Code Section 26.012(14) 9Tex. Tax Code Section 26.012(13) 2Tex. Tax Code Section 26.012(14) 1OTex. Tax Code Section 26.012 3Tex. Tax Code Section 26.012(13) 11Tex. Tax Code Section 26.03(c) 4Tex. Tax Code Section 26.012(15) 12Tex. Tax Code Section 26.01(c) and (d) 5Tex. Tax Code Section 26.012(15) 13Tex. Tax Code Section 26.01(c) 6Tex. Tax Code Section 26.012(15) 14Tex. Tax Code Section 26.01(d) ?Tex. Tax Code Section 26.012(13) 15Tex. Tax Code Section 26.012(6) 8Tex. Tax Code Section 26.03(c) 16Tex. Tax Code Section 26.012(17) e rollback tax rate is split into two separate rates: 1. Maintenance and Operations (M&O): The M&O portion is the tax rate that is needed to raise the same amount of taxes that the taxing unit levied in the prior year plus eight percent. This rate accounts for such thing-, as salaries, utilities and day-to-day operations, 2. Debt: The debt tax rate includes the debt service necessary to pay the taxing unit's debt payments in the corning, year. This rate accounts for principal and interest on bonds and other debt secured by property tax revenue. e rollback tax rate for a county is the sum of the rollback tax rates calculated for each type of tax the county levies. In most cases the lback tax rate exceeds the effective tax rate, but occasionally decreases in a taxing unit's debt service will cause the effective tax rate to higher than the rollback tax rate. 2018 maintenance and operations (M&O) tax rate. $0,6055100 2018 adjusted taxable value. Enter the amount from Line 11. $3,162,572,152 .2018 M&O taxes. Multiply Line 26 by Line 27 and divide by $ 100. 1 $19,133,561 3. Cities, counties and hospital districts with additional sales tax: Amount of additional ales tax collected and spent on M&O expenses in 2018. Enter amount from full year's sales $0 ix revenue spent for M&O in 2018 fiscal year, if any. Other taxing units enter 0. Counties xclude any amount that was spent for economic development grants from the amount of ales tax spent. . Counties: Enter the amount for the state criminal justice mandate. If second or later year, c amount is for increased cost above last year's amount. Other taxing units enter 0. Transferring function: If discontinuing all of a department, function or activity and nsferring it to another taxing unit by written contract, enter the amount spent by the taxing it discontinuing the function in the 12 months preceding the month of this calculation. If - taxing unit did not operate this function for this 12 -month period, use the amount spent the last fall fiscal year in which the taxing unit operated the function. The taxing unit ;continuing the function will subtract this amount in H below. The taxing unit receiving function will add this amount in H below. Other taxing units enter 0. Taxes refunded for years preceding tax year 2018: Enter, the amount of M&O taxes ended in the preceding year for taxes before that year. `Types of refunds include court $255,063 -inions, Tax Code Section 25.25(b) and (c) corrections and Tax Code Section 31.11 yrnent errors. Do not include refunds for tax year 2018. This line applies only to tax years ,ceding tax year 2018. Enhanced indigent health care expenditures: Enter the increased amount for the [rent year's enhanced indigent health care expenditures above the preceding tax year's hanced indigent health care expenditures, less any state assistance. . Taxes in TIF: Enter the arTIOUnt of taxes paid into the tax increment fund for a investment zone as agreed by the taxing unit. If the taxing unit has no 2019 captured $1,417,801 )praised value in Line 16D, enter 0. Adjusted M&O Taxes, Add A, B, C, E and F. For taxing unit with D, subtract if wontinuing function and add if receiving function, Subtract Cr. 1 $17,970,823 29. 2019 adjusted taxable value. Enter Line 23 from the Effective Tax Rate Worksheet. $3,198,532,919 30.2019 effective maintenance and operations rate. Divide Line 28H by Line 29 and $0,562/$100 multiply by $100. 31.2019 rollback maintenance and operation rate. Multiply Line 30 by 1.08. $0.606/$100 32. Total 2019 debt to be paid with property taxes and additional sales tax revenue. Debt means the interest and principal that will be paid on debts that: (1) are paid by property taxes, (2) are secured by property taxes, (3) are scheduled for payment over a period longer than one year and (4) are not classified in the taxing unit's budget as M&O expenses. A. Debt also includes contractual payments to other taxing units that have incurred debts on $4,657,119 behalf of this taxing unit, if those debts meet the four conditions above. Include only amounts that will be paid from property tax revenue. Do not include appraisal district budget payments. Enter debt amount. B. Subtract unencumbered fund amount used to reduce total debt. $0 C. Subtract amount paid from other resources. $1,177,569 D. Adjusted debt. Subtract B and C from A. $3,479,550 33. Certified 2018 excess debt collections. Enter the amount certified by the collector. $0 34. Adjusted 2019 debt. Subtract Line 33 from Line 32D. $3,479,550 35. Certified 2019 anticipated collection rate. Enter the rate certified by the collector. If 100.00% the rate is 100 percent or greater, enter 100 percent. 36.2019 debt adjusted for collections. Divide Line 34 by Line 35 $3,479,550 37.2019 total taxable value. Enter the amount on Line 19. $3,313,856,960 38.2019 debt tax rate. Divide Line 36 by Line 37 and multiply by $100. $0.1051$100 39.2019 rollback tax rate. Add Lines 31 and 38. $0.711/$100 40. COUNTIES ONLY. Add together the rollback tax rates for each type of tax the county levies. The total is the 2019 county rollback tax rate. 777I',77,777 /777777 . . . . . . . . . . . ,,, Cities, counties and hospital districts may levy a sales tax specifically to reduce property taxes. Local voters by election niust approve if a imposing or abolishing the additional sales tax. proved, the taxing unit must reduce its effective and rollback tax rates to offset the LI p :expected sales tax revenue. This section should only be completed by a county, city or hospital district that is required to adjust its effective tax rate andlor rollback tax rate because it adopted the additional sales tax. 77M RUE Al"" fiv 41. Taxable Sales. For taxing units that adopted the sales tax in November 2018 or May 2019, enter the Comptroller's estimate of taxable sales for the previous four quarters.20 Estimates of taxable sales may be obtained through the Comptroller's Allocation Historical $0 �'summary webpage, Taxing units that adopted the sales tax before November 2018, skip this line. �42. Estimated sales tax revenue. Counties exclude any amount that is or will be spent for economic development grants from the amount of estimated sales tax revenue.21 Taxing units that adopted the sales, tax in November 2018 or in May 2019. Multiply the amount on Line 41 by the sales tax rate (.0 1, .005 or .0025, as applicable) and multiply the result by .95.22 $0 -or- Taxing units that adopted the sales tax before November 2018, Enter the sales tax revenue for the previous four quarters, Do not multiply by .95. 43. 2019 total taxable value. Enter the amount from Line 37 of the Rollback Tax Rate S3,3 13,856,960 Worksheet. 44. Sales tax adjustment rate. Divide Line 42 by Line 43 and multiply by $ 100. $O/SIOO 45. 2019 effective tax rate, unadjusted for sales tax,'' Enter the rate from Line 24 or 25, $0,667/$100 as applicable, on the Effective Tax Rate Worksheet. - — ------ - - 46.2019 effective tax rate, adjusted for sales tax. Taxing units that adopted the sales tax in November 2018 or in May 2019. $0.667/$100 Subtract Line 44 from Line 45. Skip to Line 47 if you adopted the additional sales tax before November 2018. 47. 2019 rollback tax rate, unadjusted for sales ta X.24 Enter the rate from Line 39 or 40, $0.711 /S 100 as applicable, of the Rollback Tax Rate Worksheet. T 48. 2019 rollback tax rate, adjusted for sales tax. Subtract Line 44 from Line 47. W711/$100 17Tcx, Tax Code Section 26.012(17) 181'ex, Tax Code Section 26.04(c) 19Tex. Tax Code Section 26.04(d) 20'rex. Tax Code Section 26.041(d) 2 17'ex. Tax Code Section 26.0410) 22,reX. Tax Code Section 26.041(d) 2-1,rex. Tax Code Section 26,04(c) 24Tex. Tax Code Section 26.04(c) =F7T'V/,Y77, MM -1 7-77777 Id A taxing unit may raise its rate for M&O funds used to pay for a facility, device or method for the control of air, water or land pollution. This includes any land, structure, building, installation, excavation, machinery, equipment or device that is used, constructed, acquired or installed wholly or partly to meet or exceed pollution, control requirements. The taxing unit's expenses are those necessary to meet the C, requirements of a permit issued by the Tcxas Commission on Environmental Quality (TCEQ). The taxing unit must provide the tax assessor with a copy of the TCEQ letter of determination that states the portion of the cost of, 'the installation for pollution control, This section should only be completed by a taxing unit that uses M&O funds to pay for a facility, device or method for the control of air, water or land pollution. P -M= M N" UMN"OFFT!" /,77777777 ­,,Wa it ifs,g 49. Certified expenses from the Texas Commission on Environmental Quality (TCEQ). Enter the amount certified in the determination letter From TCEQ.'-5 The taxing unit shall so provide its tax assessor -collector with a copy of the letter.26 50.2019 total taxable value. Enter the amount from Line 37 of the Rollback Tax Rate $3,313,856,960 Workshect. 51. Additional rate for pollution control. Divide Line 49 by Line 50 and multiply by $100. $06100 52. 2019 rollback tax rate, adjusted for pollution control. Add Line 51 to one of the following lines (as applicable): Line 39, Line 40 (counties) or Line 48 (taxing units with the 0.711f$100 additional sales tax). Indicate the applicable total tax rates as calculated above. Effective tax rate (Line 24; line 25 for counties; or line 46 if adjusted for sales tax) $0.667 Rollback tax rate (Line 39; line 40 for counties; or line 48 if adjusted for sales tax) $0,711 Rollback tax rate adjusted for pollution control (Line 52) $0.711 Enter the name of the person preparing the tax rate as authorized by the taxing unit, print here Charlene Piggott Printed Name of Taxing Unit Representative sign here Taxing Unit Representative 25Tex. Tax Code Section 26,045(4) 26TOX. Tax Code Section 26.045(i) Date City of La Porte Penny on Tax Rate Includes Residental & IDAs $ 525,127 Tax rate increase x 4.3cents $ 2,258,046.78 Average Home Value in La Porte $ 135,000.00 Less Homestead Exemption (20%) $ 27,000.00 $ 108,000.00 Tax at $.71 cents per 100 Dollars valuation $ 766.80 Tax at $.667 cents per 100 Dollars valuation $ 720.36 Annual reduction in citizen taxes $ (46.44) HCAD loss $ 1,329,091.50 Industry Loss $ 928,954.50 $ 2,258,046.00 HCAD Loss Breakdown Residental 40% Commercial 38% Industry 22% 100 Approximately 60% savings from HCAD will be passed to Commercial and Industry. Industrial District companies will save approximately $928,955 dollars. La Porte Citizens receive nearly $800 million worth of exemptions on their appraised values, including, but not limited to, homestead, over 65, disabled and disabled veterans. S:\Finance Share\BUDGET 2020\Agenda Items\Budget\2 -Tax Roll and Rate\Copy of 2019pennyontaxrate REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 9, 2019 Requested By: Corby Alexander, City Manager Department: Administration/CMO ' Report Ir' Resolution 4Ordinance Exhibits: Proposed Ord. 2019-3747 redline version Proposed Ord. 2019-3747 final version Exhibits and analysis of rates Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: Yes No SUMMARY Earlier this year, the Governor of Texas signed a bill into law banning the use of valuation in calculating residential building permit fees. La Porte, like many Texas cities, has a fee structure in place that based the cost of residential building permits on the value of the proposed improvement. An additional concern is that multi -family housing such as apartments are categorized as residential and must follow the banning of valuation for building permit fee calculations, too. Since this system is no longer lawful, the City needs to consider an alternate method to calculate the cost of residential building permits. At the June 24, 2019, City Council meeting, staff proposed to move to a system that would calculate permit costs on the total square footage of the permitted improvement. It was believed that the proposed rates would generate approximately the same amount of revenue from residential building permits as in previous years. Staff proposed that building permit fees would be $87.50 flat fee for improvements 250 square feet and smaller, while improvements greater than 250 square feet would be $87.50 plus $0.36 per additional square foot. Additionally, the re -inspection fee would be a flat $35. The plan review fee would be 50% of the permit fee for projects over 650 square feet. However, City Council asked staff to work with a City Council committee comprised by Councilmembers Garza, Bentley, and Earp to find a different solution to the rate structure. There were conceptual ideas from City Council that the City was too high on its fees and the fee structure was cumbersome to developers and homeowners; therefore, City staff met twice with the City Council committee to arrive at the currently submitted building permit fee structure: • New Residential Building Permits (R-1 zone), New Duplex/Triplex (R-2 zone) and New Multi -family Apartments (R-3 zone) would be charged $25 plus $0.39 per square foot in excess of 250 square feet. • Existing (Remodel) Residential Permits (R-1 zone) would be charged $15 plus $0.39 per square foot in excess of 250 square feet, while Existing (remodel) Duplex/Triples (R-2 zone) & Multi -family Apartments (R-3 zone) would be charged $25 plus $0.39 per square foot in excess of 250 square feet. • All (R-1, R-2 & R-3 zones) New Residential Building Permits under 250 square feet would be $10. • All other building permits for residential use (R-1, R-2 &R-3 zones) including but is not limited to repair, addition, expansion, replacement or new projects less than or equal to 250 square feet; fence; roof; siding/window; foundation; irrigation; swimming pool; sidewalk; carpet; garage; patio; shed; driveway; and culvert would be charged $10 each. • All construction disciplines (mechanical, plumbing & electrical) residential permits would be reduced to a $10 charge. • All construction disciplines (mechanical, plumbing, & electrical) residential permit re- inspection fees would be reduced to a $10 charge. • There would be no fees for any residential building plan review. Staff has prepared a financial analysis of the difference in fee structures from the current fee structure based upon usage of cost valuation vs. the proposed changes to the building permit and plan review fees using square footage in the calculations. The attachments provide three (3) scenarios: new multi -family construction apartment complex with 13 buildings and total 324,854 square feet; new 2,364 square foot single-family home; and an existing full -remodel for 1,408 square foot home. Additionally, as the Assistant City Attorney assisted staff with amending Chapter 82 "Buildings and Building Regulations" and Appendices there were two other issues noted within Chapter 82 exhibits that needed to be corrected: • Division 5. Standards, which stated the fine for violations of this article were deleted from Exhibit A and a new Exhibit B was created that listed all of the fine for violations of each article (building, plumbing, electric, energy conservation and mechanical codes). The amount has not changed and will remain at $2,000. Article V. Fuel Gas Code Permits was originally repealed by Ordinance 2013-3481, but MuniCode failed to remove this section from our Code of Ordinances; therefore, this revision has been made within this amendment to correct this oversite. RECOMMENDED MOTION Move to adopt Ordinance 2019-3747, amending Chapter 82, "Buildings and Building Regulations" - Appendix A "Fees" of the Code of Ordinances of the City of La Porte, for the purpose of changing fees for city residential building permits and residential mechanical permits. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date ORDINANCE NO. 2019-3747 AN ORDINANCE AMENDING CHAPTER 82 `BUILDINGS AND BUILDING REGULATIONS" - APPENDIX A "FEES" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY CHANGING FEES FOR ISSUANCE OF RESIDENTIAL BUILDING, MECHANICAL, ELECTRICAL, AND PLUMBING PERMITS, AND AMENDING CHAPTER 82 "BUILDINGS AND BUILDING REGULATIONS" — APPENDIX B "FINES"; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Chapter 82 "Buildings and Building Regulations"- Appendix A "Fees", of the City of La Porte Code of Ordinances of the Code of Ordinances of the City of La Porte, providing fees for issuance of residential building, mechanical, electrical, and plumbing permits, is hereby amended in its entirety, and shall hereinafter read as shown on Exhibit "A", inclusive, attached hereto and incorporated by reference herein and made a part hereof for all purposes. Section 2. That the City of La Porte Code of Ordinances - Appendix B "Fines", is hereby amended by adding Chapter 82 "Buildings and Building Regulations", and shall hereinafter read as shown on Exhibit "B", inclusive, attached hereto and incorporated by reference herein and made a part hereof for all purposes. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents posting thereof. Section 4. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have been separately passed without any other provision, and if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone. Section 5. All other ordinances or parts of ordinances in conflict herewith are hereby repealed, but to the extent of such conflict only. Section 6. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. The fees in this ordinance shall be effective upon passage and approval of this Ordinance, unless otherwise indicated. PASSED AND APPROVED, this ATTEST: Lee Woodward, City Secretary day of , 2019. CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor APPROVED AS TO FORM: Clark T. Askins, Assistant City Attorney "EXHIBIT A" Chapter 82. Buildings and Building Regulations Penalties. Where work is started without the required permit, the fee herein specified shall be doubled. The payment of such double fee shall not relieve any persons from fully complying with the requirements in the execution of the work nor from any other applicable penalties. Article 11. Building Code (1) Residential Building Permit Fee Schedule R- 1 Zone Existing structure - $15.00 + $0.39/sq. foot Building Permit Fee — New structure - $25.00 + $0.39/sq. foot Structure greater than 250 sq. feet R-2 and R-3 Zone Existing structure - $25.00 + $0.39/sq. foot New structure - $25.00 + $0.39/sq. foot Building Permit Fee — R-1 R-2 and R-3 Zones Structure equal to or less than 250 sq. feet New and existing structure - $10.00 II other building permits for residential use (R-1, R-2 and R-3 Zones): $10.00 each (includes but is not limited to repair, addition, expansion, replacement or new projects less than or equal to 250 sq. ft.; fence; roof; iding/window; foundation; irrigation; swimming pool; sidewalk; carport; garage; patio; shed; driveway; and culvert.) (2) Commercial (Non -Residential) Building Permit Fee Schedule Total Valuation of Fee Project 1100.00 $1,000.00 and less $20.00 $1,001.00 to $20.00 for the first $1,000.00 plus $7.50 for each additional thousand or fraction thereof, to $50,000.00 and including $50,000.00 $50,001.00 to $387.50 for the first $50,000.00 plus $6.00 for each additional thousand or fraction thereof, $100,000.00 to and including $100,000.00 $100,001.00 to $687.50 for the first $100,000.00 plus $4.50 for each additional thousand or fraction thereof, $500,000.00 to and including $500,000.00 $500,001.00 and up $2,487.50 for the first $500,000.00 plus $3.50 for each additional thousand or fraction (b) Sewer (New, repair or replacement), each ..... thereof Plan Review Fee 50% of Permit Fee Reinspection fee $35.00 MOVING PEE Moving Fees (1) Fee for the moving of any building or structure $150.00 (2) House/building pre -relocation inspection fee 1100.00 Article 111. Plumbing Code (7) Residential Plumbing Permits (a) Permit Fee — all structures 10.00 (b) Reinspection Fee — all structures 10.00 (2) Commercial Plumbing Permits (a) Fixtures/drains/traps, each ..... 3.75 (b) Sewer (New, repair or replacement), each ..... 7.50 (c) Septic tank/seepage pit or drain field, each ..... 15.00 (d) Water heater, each ..... 3.75 (e) I Gap piping system (One to four outlets, flat fee) ..... 7.50 (f) Gap piping system (Over four outlets, per outlet basis) ..... 1.50 (g) Water piping and/or water treating equipment (installation, alteration or repair), each ..... 7.50 (h) Drain or vent (Repair or alteration), each ..... 7.50 (i) Backflow protection device/vacuum breaker (One to five, each one) ..... 3.75 (Over five, each one) ..... 2.25 Reinspection fees ..... 35.00 (k) Permit issue fee ..... 15.00 (1) Minimum permit fee ..... 20.00 Article IV. Electrical Code (7) Residential Electrical Permits (a) Permit Fee - all structures 10.00 (b) Reinspection Fee - all structures 10.00 (2) Commercial Electrical Permits Division 4. Inspections (a) Inspection fees: 82-311 (1) Outlets (first five) ..... 3.00 (including fixtures, lights and switches) (2) Outlets (all other), each ..... 0.60 (3) Clothes washer/dryer ..... 2.00 (4) Range receptacle ..... 3.00 (5) Cook top or oven ..... 1.50 (6) Garbage disposal ..... 1.50 (7) Dishwasher ..... 1.50 (8) Water heater ..... 3.75 (9) A/C, window unit receptacle ..... 3.00 (14) Temporary saw pole (T -pole) ..... 15.00 (15) Meter loop and service (includes temporary cut -in) ..... 15.00 (16) Issue fee (permit) ..... 7.50 (17) Reinspection fee ..... 35.00 (18) Minimum charge on permits ..... 20.00 (19) Reconnection fee ..... 15.00 (24) Motors: a. Up to one-half hp 1.50 b. One-half hp and up to ten hp ..... 2.50 C. Ten hp and up to 50 hp..... 3.50 d. 50 hp and over, per hp..... 4.50 DivisieR 5. Stan4af4s I Ci -Re f8F vielatieR of this 2000 00 42- 10 rti-r-le V F-�uj 1 GGS Code Pep:p� I (Gas peFMitS shall be applied fE)F and issued uRdeF the plumbiRg peFMit.) .50 4,50 m. rspectien4ees— ? °eFMit issue fee ..... 415, iR i m u m p R 4+ fee X888 Article VII. Mechanical Permits (Heating, ventilating, ductwork, air conditioning and refrigeration systems.) (7) Residential Mechanical Permits (a) Permit Fee — all structures 10.00 (b) Reinspection Fee — all structures 10.00 (2) Commercial Mechanical Permits (a) First $1,000.00 valuation, or fraction thereof ..... 15.00 Each additional $1,000.00 valuation or fraction thereof ..... 3.00 (b) Reinspection fees ..... 35.00 (c) Permit issue fee ..... 15.00 (d) Minimum permit fee ..... 30.00 Article IX. Demolition of Buildings and Other Structures Division 2. Permit (a) Fee for permit, nonrefundable ..... 75.00 82-537 Plus: Property owner, refundable cash bond ..... 250.00 Contractor, refundable cash bond ..... 500.00 Article X. Earth Removal Division 2. Permit (a) I Fee for permit ..... 2,500.00 82-535 Article Xl. Swimming Pools (a) Fee for publicpools' operating license (annual and renewal) .... 25.00 82-634(d) (b) Fee for proration of fees (after May 1), per elapsed month ..... 1.00 "EXHIBIT B" Chapter 82. Building and Building Regulations Article 11. Building Code (a) Fine for violation of article 2000.00 82-31 Article 111. Plumbing Code (a) I Fine for violation of article 2000.00 82-66 Article IV. Electric Code (a) I Fine for violation of article 2000.00 82-336 Article V1. Energy Conservation Code (a) I Fine for violation of article 2000.00 82-412 Article VII. Mechanical Code (a) I I Fine for violation of article 2000.00 ..82-441 NEW MULTI -FAMILY CONSTRUCTION (CURRENTLY UNDER CONSTRUCTION -13 BLDGS PROPOSED, ONLY 1 BLDG HAS STARTED CONSTRUCTION) DOMAIN APTS 3300 BAY AREA BLVD 324,854 SQ FT (VALUATION $18,5000,000) CURRENT FEES PROPOSED FEES BY CITY COUNCIL SUBCOMMITTEE (VALUATION METHOD) ($25.00 + $0.39 SQ FT >250 SQ FT) BUILDING PERMIT FEE (INCLUDES ALL 13 BLDGS) $ 65,487.50 $ 126,693.40 PLAN REVIEW $ 32,743.75 0 BASE FEE 0 25.00 ELECTRICAL PERMIT $ 20,819.90 $ 130.00 PLU M BI NG PE RM IT $ u 12,090.00 $ 130.00' MECHANICAL PERMIT* (PERMITS HAVE NOT BEEN REQUESTED AS OF YET) 0 0 TOTAL $ 131,141.15 $ 126,978.00 FIGURES ARE BASED ON PERMITS SUBMITTED FOR ONE BUILDING AND MULTIPLIED X 13 WHERE APPLICABLE *NO PERMIT APPLICATIONS HAVE BEEN RECEIVED, THEREFORE NO PERMIT FEES HAVE BEEN ASSESSED SINGLE FAMILY HOME-FULL REMODEL 1,408 SQ FT (VALUATION $60,000) CURRENT FEES (VALUATION METHOD) PROPOSED FEES ($15.00+$0.39 SQ FT>250 SQ FT) BY CITY COUNCIL SUBCOMMITTEE BUILDING PERMIT $ 447.54 $ 549.00 BASE FEE PLAN REVIEW $u a 223.75 $ 15.00 0 ELECTRICAL PERMIT PLUMBING PERMIT $ $ 119.80 67.54 $ $ 10.00 10.00 MECHANICAL PERMIT $ 45.00 $ 10.00 TOTAL $ 903.55 l $ 594.00 NEW CONSTRUCTION - SINGLE FAMILY HOME 2,369 SQ FT (VALUATION $120,819) CURRENT FEES PROPOSED FEES BY CITY COUNCIL SUBCOMMITTEE (VALUATION METHOD) ($25.00 + $0.39 SQ FT >250 SQ FT) BUILDING PERMIT $ 782.00 $ 924.00' BASE FEE PLAN REVIEW $ $ uu 422.50 25.00 0' ELECTRICAL PERMIT PLUMBING PERMIT $ 128.75$ $ uu 68.25 $ 10.00 10.00`'. MECHANICAL PERMIT $ 39.00 $ 10.00 TOTAL $ 1,436.00 $ 979.00 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 9, 2019 Requested By: Louis R. Rigby, Mayor Department: City Council ' Report Ir' Resolution t Ordinance Exhibits: Ordinance 2019-3758 Current, proposed redline, and proposed clean versions of the Council Rules of Procedure Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item:" Yes" No SUMMARY The City Council adopted the current Organization and Procedures for City Council Meetings with Ordinance 2003-2646A in May 2008 (first established by Ordinance 2003-2646 in July 2003). Changes in custom, procedure, and law over the last decade make it appropriate for review and potential amendment. Additionally, it is proposed that the current City Council Ethics Policy (adopted in 2013) be made a part of the Rules of Procedure, so it has been reviewed and several items near the end have been recommended for deletion. RECOMMENDED MOTION No motion necessary for the September 9 reading, it has been brought for discussion at this meeting. ORDINANCE NO. 2019-3758 AN ORDINANCE AMENDING THE CITY COUNCIL'S ADOPTED RULES OF PROCEDURE FOR CITY COUNCIL MEETINGS; AMENDING AN ETHICS AND CONFLICT OF INTEREST POLICY FOR CITY OFFICIALS AND EMPLOYEES; FINDING COMPLIANCE WITH THE TEXAS OPEN MEETINGS ACT; CONTAINING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, Section 2.07. Meetings. b. Rules. provides that "City council shall determine its own rules and order of business."; and WHEREAS, the City Council adopted Ordinance 2003-2646-A on May 19, 2008, updating the organization and procedures for City Council meetings and thereby repealing Ordinances 1435 and 1435- A; and WHEREAS, the City Council adopted Ordinance 2013-3489 on July 22, 2013, establishing an ethics and conflict of interest policy applicable to City officials and employees; and WHEREAS, the passage of time has allowed for additional review of legislation and consideration of suitable rules and guidelines for the procedures of City Council meetings and the conduct of members of Council at all times. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The Rules of Procedure for the City Council of the City of La Porte are hereby amended as attached. Section 2. Open Meetings Law Notice. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Act, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 1-226. Repeal. Ordinance 2003-2646-A and Ordinance 2013-3489 are repealed as of the effective date hereof. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 1-227. Effective Date. This ordinance shall take effect immediately upon its passage and approval. PASSED AND APPROVED, this day of , 2019. CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor ATTEST: APPROVED AS TO FORM: Lee Woodward, City Secretary Clark T. Askins, Assistant City Attorney CITY COUNCIL RULES OF PROCEDURE Amended September XX, 2019, by Ord. 2019-3758 First Adopted July 28, 2003 TABLE OF CONTENTS (will be revised when all other changes are complete) Section 1 — GENERAL Section 2 —AUTHORITY Section 3 - MEETINGS 3.01. Regular Meetings 3.02. Special Meetings 3.03. Agenda Section 4 - STANDARDS OF CONDUCT 4.01. City Councilpersons 4.02. Council Relations with the Media 4.03. City Staff (During Meetings) 4.04. Citizens and Visitors 2 3 3 3 Section 5 - DUTIES AND PRIVILEGES OF COUNCILPERSONS 5.01. Seating Arrangement 3 5.02. Conflict of Interest 4 5.03. Voting 4 Section 6 - CHAIR AND DUTIES 6.01. The Presiding Officer - Duties 6.02. Call to Order — Presiding Officer 6.03. Roll Call 6.04. Quorum 6.05. Order of Business 6.06. Rules of Debate 6.07. Addressing the Council 6.08. Addressing the Council After Motion Made 6.09. Silence Constitutes Affirmative Vote 6.10. Decorum 6.11. Enforcement of Decorum 6.12. Special Boards, Commissions, or Committees 6.13. Claims Against City 6.14. Ordinances, Resolutions, and Contracts 6.15. Reports and Resolutions to be Filed with the City Secretary Section 7 - CITY COUNCIL COMMITTEES 7.01. Council Committees Established 7.02 Appointment 7.03. Council Committee Meetings 7.04. Council Ad Hoc Committees Section 8 - RULES SUSPENSION APPENDIX A —Ethics Policy 2 Section I — GENERAL Parliamentary law and the rules of procedure derived from such law are essential to all deliberative organizations so that they may consider all matters before them in an effective and efficient manner and produce results that are legal and binding. Moreover, such procedural safeguards ensure due process during deliberations among members of the organization while at the same time protecting the rights of both the group and each member. Accordingly, these rules of procedure establish guidelines to be followed by all persons attending City Council meetings, including members of the City Council, administrative staff, news media, citizens, and visitors. Section 2 — AUTHORITY The City Charter of La Porte, Texas, provides in Article IL City Council, Section 2.07 that the Council "shall meet regularly as such times as may be prescribed by its rules but not less frequently than once each month." and that the Council "shall determine its own rules and order of business." Thus, these rules of procedure are established. In the event of any conflict between the City Charter and these rules of procedure, the City Charter shall prevail. The parliamentary reference for the City Council is the most recent edition of Robert's Rules of Order Newly Revised (RONR). When any issue concerning procedure arises that is not covered by the Rules of Procedure, the City Charter, or state law, the Council will refer to RONR, which shall determine such procedural issue. Section 3 — MEETINGS The City Council shall follow both the letter and the spirit of Chapter 551 of the Texas Government Code (the Texas Open Meetings Act). 3.01. Regular Meetings. (A) Time. The City Council will generally hold regular meetings on the second and fourth Monday of each month, at 6:00 p.m. (B) Place. All regular, special, and workshop meetings of the City Council shall be held in the Council Chambers, City Hall, 604 West Fairmont Parkway, in the City of La Porte, Texas, unless otherwise directed by City Council, or required by law. 3.02. Special Meetings. The Mayor on his own motion or at the request of the City Manager shall call special meetings of the City Council whenever in their opinion the public business may require it, or at the express written request of any three (3) members of the City Council. Such written request shall be filed with the City Secretary, and shall contain the agenda item requested for the special meeting. Whenever a special meeting shall be called, notice shall be given, 3.03. Agenda. The Mayor, the City Manager, the City Secretary, or the City Attorney, or any three (3) members of the City Council by written request, may place an item on a City Council agenda. The written request by three (3) members of City Council shall include a clear description of the proposed action by the Council (in the form of a proposed motion), or shall clearly state the item is for discussion purposes only, shall be of sufficient detail to allow staff to contribute background information on the topic, and shall be filed with the City Secretary by 5:00 p.m., Thursday, two weeks prior to the Monday night City Council meeting (and a commensurate period for special 3 meetings) Any deviations from or amendments to an agenda, either past the established deadlines or once posted, should be exceedingly rare and of a clearly significant nature. All reports, communications, ordinances, resolutions, contract documents, or other matters to be submitted to the Council shall also be delivered to the City Secretary on the same schedule. The City Secretary will coordinate the placement and content of items on the agenda with the City Manager, who will resolve any conflicts with Mayor and Councilpersons. Agenda items may be removed only by the person who initially placed that item on the agenda Drafts of contracts, ordinances, resolutions, or other items requiring review should be submitted to the City Attorney in a manner timely enough to allow for their review prior to this submittal deadline above. None of the foregoing matters shall be presented to the Council by the administrative officials except those of an urgent nature, and the same, when so presented, shall have the written approval of the City Manager before presentation. Section 4 - STANDARDS OF CONDUCT 4.01. City Councilpersons. It is important that Councilpersons demonstrate civility to one another as individuals, for the validity of different opinions, for the democratic process, and for the community and citizens being served. Elected officials should exhibit appropriate behavior. All members of the City Council have equal votes and all Councilpersons speak only for themselves. 4.02. Council Relations with the Media. All City press releases, media advisories, story suggestions, or similar items should go through the City Secretary's office for distribution, with exception of factual police department bulletins which designated officers may send directly, with copy to the City Secretary. 4.03. Citizens and Visitors. (A) Reactions from the audience following the recognition and rewarding of citizens and special guests is considered appropriate and encouraged. Reactions from the audience during staff presentations to the Council and during debate between Councilpersons are not appropriate and not permitted. The presiding officer will ensure that the decorum of the meeting is maintained and is appropriate. (B) No placards, banners, or signs will be permitted in the City Council chamber or in any other room in which the City Council is meeting. Exhibits, displays, and visual aids used in connection with presentations to the City Council, however, are permitted. With the exception of those locations designated as free speech venues, City Hall may not be used for political campaign -related functions or events. City resources or equipment may not be used for election campaigning which includes, but is not limited to, the passing out of campaign flyers, signs, buttons, or other campaign materials for any candidate or officeholder. No one may make a contribution to a candidate or officeholder in City Hall. No one may solicit support for a candidate or officeholder or accept a contribution for such in City Hall. Campaign flyers, signs, buttons, or other campaign materials for any candidate or officeholder are prohibited in City Hall or on City property except as allowed by state law. (This paragraph also addresses the political signs M on City property discussion, which the Council may instead choose to address via a separate document.) Section 5 — DUTIES AND PRIVILEGES OF COUNCILPERSONS 5.01. Seating Arrangement. The Mayor shall determine seating of the Council and Charter Officers. 5.02. Conflict of Interest. A City Councilperson prevented from voting by a conflict of interest, shall step down from the dais and leave the room (]r.)er Sec, 3(c)(4( of flie City's ado][.)ted 1]'I hics 4)oficy, attached as A]4)]r,)eri(fiX A(, shall not vote on the matter, shall not participate in discussions regarding the matter or attempt to influence the Council's deliberation of the matter in any way, shall not attend executive sessions regarding the matter, and shall otherwise comply with the state law and city ordinances concerning conflicts of interest including Chapter 171 of the Local Government Code. 5.03. Voting. (A) When a vote is called, every member present shall vote either "Aye" or "No" except on matters involving a conflict of interest that compels a Councilperson to abstain. (B) Any vote to which there is an objection shall be taken by counted vote; except that, on the demand of a single Councilperson, a roll call vote shall be taken. After the result of a vote is announced, a member may not change a vote unless, before the adjournment of that meeting, permission is given to change the vote by a majority vote of the members present. Section 6 - CHAIR AND DUTIES 6.01. The Presiding Officer -Duties. The presiding officer of the Council shall be the Mayor. The Presiding Officer shall preserve strict order and decorum at all regular and special meetings of the Council. He shall state every question coming before the Council, announce the decision of the Council on all subjects and decide all questions of order, subject, however, to an appeal to the Council, in which event a majority vote of the Council shall govern and conclusively determine such question of order. He shall be entitled to vote on all questions. He shall sign all ordinances and resolutions adopted by the Council during his presence. In the event of the absence of the Mayor, the Mayor Pro Tem shall sign ordinances or resolutions as then adopted. 6.02. Call to Order -Presiding Officer. The Mayor, or in his absence, the Mayor Pro Tem, shall take the chair precisely at the hour appointed for the meeting, and shall immediately call the Council to order. In the absence of the Mayor or the Mayor Pro Tem, the City Secretary, or his or her Assistant, shall call the Council to order, whereupon a temporary chairman shall be elected by members of the Council present. Upon arrival of the Mayor or the Mayor Pro Tem, the temporary chairman shall immediately relinquish the chair upon the conclusion of the business immediately before the Council. 6.03. Roll Call. Before proceeding with the business of the Council, the City Secretary, or his or her deputy shall note in the minutes the names of those present. Late arrivals or departures of k Council members shall be noted by the Presiding Officer, and recorded by the City Secretary in the minutes. 6.04. Quorum. A majority of all the members elected to the Council shall constitute a quorum at any regular or special meeting of the Council_ In the absence of a quorum, the Presiding Officer shall, at the request of any three (3) members present, compel the attendance of absent members. 6.05. Order of Business. All meetings of the Council shall be open to the public, in accordance with the Texas Open Meetings Act. Promptly at the hour set on the day of each regular meeting as posted as required by law, the members of the Council, the City Secretary, the City Attorney, the Mayor, and the City Manager, shall take their regular stations in the Council Chambers, and the business of the Council shall generally betaken up for consideration and disposition in the following order: 1. Call to Order 2. Invocation and Pledges of Allegiance 3. Proclamations and Presentations 4. Public Comments 5. Consent Agenda. (Any member of the Council may remove any item from the Consent Agenda for discussion.) These items are typically routine in nature. 6. Statutory Agenda 7. Reports of City Officers and Staff 8. Administrative Reports. 9. Items of Community Interest (in accordance with state law) 10. Executive and/or workshop sessions (as appropriate) 11. Reconvene in public session (as needed following executive sessions) 12. Adjournment 6.06. Rules of Debate. (A) Presiding Officer May Debate and Vote, Etc. The Mayor or Mayor Pro Tem, or such other member of the Council as may be presiding may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members and shall not be deprived of any of the rights and privileges of a Councilperson by reason of his acting as the Presiding Officer. (B) Getting the Floor -Improper References to be Avoided. Every member desiring to speak shall address the Chair, and, upon recognition by the Presiding Officer, shall confine himself to the question under debate, avoiding all personalities and indecorous language. (C) Interruptions. A member, once recognized, shall not be interrupted when speaking unless it be to call him to order, or as herein otherwise provided. If a member, while speaking, be called to order, he shall cease speaking until the question of order be determined, and, if in order, he shall be permitted to proceed. (D) Remarks of Councilperson--When Entered in Minutes. A Councilperson may request, through the Presiding Officer, the privilege of having an abstract of his statement on any subject under consideration by the Council entered in the minutes. If the Council consents thereto, such statement shall be entered in the minutes. L (E) Synopsis of Debate --When Entered in Minutes. The City Secretary may be directed by the Presiding Officer, with consent of the Council, to enter in the minutes a synopsis of the discussion on any question coming regularly before the Council. (F) Relevance of Debate. In the interest of being respectful of the time commitment of City Councilpersons, the Council expects that issues adequately addressed prior to the meeting not be reprised during the meeting. 6.07. Addressing the Council. Before each meeting of City Council the City Secretary shall make public comment forms available, on which any taxpayer or resident, or his authorized representative, or any member of the public, may sign his name and address, and indicate the subject matter on which he wishes to speak. (A) Individuals may address the Council by oral communication by completing all requested information on the public comment form, and placing it at the City Secretary's desk on the dais, not later than five (5) minutes before commencement of the meeting. Oral communication to Council shall be in the manner provided in Section 1.212 hereof. (A) Time Limit. Each person addressing the Council shall step up to the podium, shall give his name and address in an audible tone of voice for the records, and unless further time is granted by the Council, shall limit his address to five (5) minutes. All remarks shall be addressed to the Council as a body and not to any member thereof. No person, other than the Council and the person having the floor shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the Presiding Officer. No question shall be asked to a Councilperson except through the Presiding Officer. Any such question shall be referred by City Council to the City Manager, for further handling. (B) Limits on Repetitive or Redundant Presentations. The City Council shall have the right to place reasonable limits on the length of presentations made during the comment period, in accordance with law. For such purposes the City Council may limit the length of the individual presentations made. Subject to the foregoing, the City Council shall not place limits on discussion of specific subject matter as it relates to any constitutionally guaranteed right of freedom of speech, or otherwise discriminate against a particular point of view. 7/19 addition in light of HB 2840 changes made above — Persons wishing to address the Council on more than one agenda item in a single meeting must speak on them all the first time they are called upon (additional time is not given for additional items — emailing, writing, calling, or visiting with Councilpersons outside of meetings is, of course, unlimited). 6.09. Silence Constitutes Affirmative Vote. Unless a member of the Council states that he is not voting, his silence shall be recorded as an affirmative vote. 6.10. Decorum. (A) By Councilpersons. While the Council is in session, the members must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council nor disturb any member while speaking or refuse to obey the orders of the Council or its Presiding Officer, except as otherwise herein provided. 7 (B) By Persons. Any person making personal, impertinent, or slanderous remarks or who shall become boisterous while addressing the Council shall be forthwith, by the Presiding Officer, barred from further audience before the Council, unless permission to continue be granted by a majority vote of the Council. 6.11. Enforcement of Decorum. The Chief of Police, or such member or members of the Police Department as he may designate, shall be Sergeant -at -Arms of the Council meetings. He, or they, shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum at the Council meeting. Upon instructions of the Presiding Officer, it shall be the duty of the Sergeant -at -Arms, or any of them present, to remove any person who violates the order and decorum of the meeting. 6.12. Special Committees. The establishment and members of all special committees shall be decided by a majority vote of the Council, unless prescribed by the City Charter or other action of the Council. Section 6.13. Ordinances, Resolutions, and Contracts. (A) L All ordinances, resolutions and contract documents shall, before presentation to the Council, have been approved as to form and legality by the City Attorney or his authorized representative, and shall have been examined and approved for administration by the City Manager or his authorized representative, where there are substantive matters of administration involved. (1) Ordinances, resolutions, and other matters or subjects requiring action by the Council must initially be produced/written, introduced, and sponsored per the guidelines of 3.03 Agenda, above. (2) No ordinance shall relate to more than one subject, which shall be clearly expressed in its title, and no ordinance, or section thereof, shall be amended or repealed unless the new ordinance contains the title of the ordinance or section amended or repealed, and when practical all ordinances shall be introduced as amendments to existing ordinances or sections thereof. 6.14. Reports and Resolutions to be Filed with the City Secretary. All reports and resolutions shall be filed with the City Secretary and entered on the minutes. Section 7 — CITY COUNCIL COMMITTEES 7.01. Council Committees Established. (A) The following standing committees of the City Council are established: (1) Fiscal Affairs Committee (2) Drainage and Flooding Committee (B) Each standing committee shall review matters in its area of responsibility that are referred to it by the City Council or the City Manager. A standing committee may, by majority vote, recommend action to the City Council, but committee recommendation is not necessary for a matter to be placed on the City Council E= agenda. The committee chair may make a statement on behalf of the committee on an item in a meeting of the Council. 7.02. Appointment. Appointment to and composition of the committees has been established through prior Council action and may be amended by such. 7.03. Council Committee Meetings. (A) Council standing committees shall meet as necessary. (B) The committee chair shall develop committee meeting agendas through coordination with fellow committee members and appropriate supporting staff members. The committee chair will coordinate with the City Secretary to ensure that the committee meeting agenda is posted as appropriate. 7.04. Council Ad Hoc Committees. The Mayor may appoint ad hoc committees from time to time to study and review specific issues. The Mayor shall determine the number of members and appoint a chair of ad hoc committees. The ad hoc committees shall be established for a designated period of time, which may be extended by the Mayor and shall meet as needed. The Mayor shall formally announce the establishment of any ad hoc committee along with his appointments to that committee in a session of Council prior to the committee convening to conduct business. Section 8 — RULES SUSPENSION Any provision of these rules not governed by the City Charter, City Code, or state law may be temporarily suspended by a two-thirds vote of the members of the City Council present. 9 APPENDIX A ETHICS POLICY Section 1. Policy and purposes. (A) General policy statement. It is the policy of the city that all city officials and employees shall conduct themselves both inside and outside the city's service so as to give no occasion for distrust of their integrity, impartiality, or devotion to the best interest of the city and the public trust which the city holds. (B)Appearance of impropriety. Public service is a public trust. All city officials and employees are stewards of the public trust. They have a responsibility to the citizens of the city to administer and enforce the City Charter and city ordinances. To ensure and enhance public confidence in city government, each city official and employee must strive not only to maintain technical compliance with the principles of ethical conduct set forth in this article and in state law, but also to avoid the appearance of impropriety at all times. (C)This code of ethics has three purposes: (1) To encourage ethical conduct on the part of city officials and employees; (2) To encourage public service with the city; (3) To establish standards for ethical conduct for city officials and employees by defining and prohibiting conduct that is incompatible with the interests of the city; (D)'This code of ethics is not intended to be used as a political weapon or to intimidate or embarrass affected persons. The officials charged with administration of this code of ethics shall administer it in a manner that avoids any such use of this code of ethics. Section 2. Definitions. In this policy: Benefit means anything reasonably regarded as pecuniary gain or pecuniary advantage, including any money, real or personal property, purchase, sale, lease, contract, option, credit, loan, discount, service or other tangible or intangible thing of value. Benefit includes a pecuniary gain or pecuniary advantage to any other person in whose welfare the beneficiary has a direct and substantial interest. Business entity means a sole proprietorship, partnership, firm, corporation, holding company, joint-stock company, receivership, trust, unincorporated association, or any other entity recognized by law, including a nonprofit organization or governmental entity. Economic interest includes a legal or equitable interest in real property, personal property, or intangible property, or a contractual right, including but not limited to receipt of compensation and/or benefits. Service by a city official or employee as an officer, director, advisor, or other active participant in a nonprofit educational, religious, 10 charitable, fraternal, or civic organization does not create for that city official or employee an economic interest in the property of the organization. Ownership of an interest in a mutual or common investment fund that holds securities or other assets is not an economic interest in the securities or other assets unless the person in question participates in the management of the fund. Employee means any person employed by the city, whether under civil service regulations or not, including those individuals on a part-time basis, but not including any independent contractor. Immediate family means the spouse, children, brothers, sisters and parents of an officer or employee. Officer or official means the mayor or any member of the city council and any appointive member of a city board, commission or committee established by ordinance, charter or state law. Section 3. Prohibition against involvement in actions affecting economic interests. (A) General rule. It shall be a violation of this policy for a city official or employee to participate in any proceedings or take any official action that he or she knows is likely to: (1) Affect an economic interest of- (a) f(a) The official or employee; (b) His or her immediate family member; (c) A member of his or her household; (d) An outside employer of the official or employee or of his or her immediate family member; (e) A business entity in which the official or employee or his or her immediate family member holds an economic interest; (f) A business entity for which the city official or employee serves as an employee, officer or director, or otherwise functions in any policy making position; or (g) A person or business entity from whom the official or employee, or his or her immediate family member, has solicited, received and not rejected, or accepted an offer of employment within the past twelve months; or (2)Confer a benefit on the official or employee, or deprive the official or employee of a benefit, where the effect of the action on the official or employee is distinguishable from the effect of the action on other employees or officials, members of the public in general or a substantial segment of the public. (B) Meaning of "affect". (1)In subsection (a)(1) above, an action is likely to affect an official's or employee's economic interest if it meets all of the following: (a) The action is likely to have an effect on that interest, either positive or negative, that is distinguishable from its effect on other employees or officials, members of the public in general or a substantial segment of the public. (b) The effect of the action on that interest is direct, and not secondary or indirect. 11 However, the action need not be the only producing cause of the effect in order for the effect to be direct. (c) The effect on the interest must be more than insignificant or de minimis in nature or value. (2)In determining whether a person, entity or property is or was affected by an official's or employee's participation in proceedings, vote or decision, it will not be necessary to prove the actual existence or occurrence of an economic effect or consequence if the effect or consequence would be reasonably expected to exist or occur. (C) Recusal and disclosure. A city official or employee whose conduct would otherwise violate subsection (a), or a state conflict of interest law if he or she participated in proceedings or took an action, must abstain from participation in the action in accordance with the following: (I)Immediately refrain from further participation in the matter, including discussions with any persons likely to consider the matter, from the time he or she discovers or reasonably should have discovered the matter triggering the recusal; (2)Promptly file necessary documentation disclosing the nature and extent of the interest triggering the recusal with the city clerk, if the person is an official, or with the person's supervisor, if the person is an employee; (3)Promptly notify the person's supervisor of the nature and extent of the interest triggering the recusal, if the person is a city employee, so that the supervisor can reassign responsibility for handling the matter to another person; and (4)Promptly disclose the interest triggering the recusal, if the person is a member of the city council, a city board or commission, to other members of the city council, board or commission, and leave the room in which the city council, board or commission is meeting during the board or commission's discussion of or voting on, the matter. (D) No prohibition established in this section shall be construed to prevent members of city council, or the appointees to any board or commission of the city, or a city employee, from voting on or participating in a matter relating to the adoption of laws, rules and/or policies that apply generally to all employees, officials and/or members of the public and the effect of which dos not confer a benefit on the official or employee that is distinguishable from the effect on other employees, officials or members of the public or a substantial segment of the public. Section 4. Standards of conduct. (A) Standards for immediate family members. A city official or employee commits a violation of this policy if an immediate family member, with the official's or employee's knowledge, intentionally or knowingly: (I)Solicits, accepts or agrees to accept from another person any benefit that the member's relative, who is a city officer or employee, is prohibited from soliciting, accepting or agreeing to accept under state law; (2)Misuses any official information obtained from the member's relative, who is a city officer or employee, to which the relative has access by virtue of the relative's office or employment and that has not been made public, in a manner prohibited as to the relative under state law; or 12 (3)Misuse, as defined in V.T.C.A., Penal Code §39.01, any city property, services, personnel or any other thing of value belonging to the city that has come into the member's custody or possession by virtue of the office or employment of the member's relative who is a city officer or employee. (B) Representation and appearance at meetings. No city official or employee shall knowingly: (1) Appear before the body of which the officer or employee is a member, or otherwise participate in any proceedings, as a representative for any private person, including the officer or employee or any immediate family member, except that an official or employee may represent their interests in their own property before a board, agency, commission or department of the city. (2) Participate in any proceedings, directly or indirectly, wherein the official or employee represents the interests of any outside employer, business entity, group or interest in any matter, action or proceeding against the interests of the city or in any litigation in which the city or any department, agency, commission or board thereof is a party; (3) Accept other employment or engage in outside activities incompatible with the full and proper discharge of city duties or that might impair independent judgment in the performance of city duties; or (4) Make a false statement of material fact at a public meeting. This subsection shall not be construed to deprive an officer or employee of the right to due process under the law, including the right to represent himself/herself in a court proceeding. (C) Representation by council members. No city council member shall knowingly represent any private person, including the city council member or any immediate family member, or any outside employer, business entity, group or interest in any matter before any department, agency, commission or board of the city, except that city council members may represent their interests in their own property before a board, agency, commission or department of the city. (D) Representation in municipal court. In any action or proceeding in the municipal court which is instituted by a city officer or employee in the course of official duties: (1) No city council member shall knowingly represent any private person other than himself or herself. If a city council member elects to have a trial in municipal court, the city council, without the participation of the affected city council member, will appoint a special judge to preside over the trial. (2) No city officer or employee shall knowingly represent any private person other than himself or herself, including any immediate family member, or any group or interest. (E) Representation in land use and development matters. A member of the planning and zoning commission shall not knowingly represent the member or any other person, group or interest in any matter before the zoning board of adjustments involving land use or development, and a member of the zoning board of adjustments shall not knowingly represent the member or any other person, group or interest in any matter before the planning and zoning commission involving land use or development. This subsection 13 does not apply to members representing their interests in their own property. (F) Prohibited use of city position. A city official or employee shall not use his or her position to unfairly advance or impede private interests, or to grant or secure, or attempt to grant or secure, for any person (including himself or herself) any form of special consideration, treatment, exemption, or advantage beyond that which is lawfully available to other persons. A city official or employee who represents to a person that the official or employee may provide an advantage or impediment to the person based on the official's or employee's office or position violates this rule. Section 5. Contracts with city; cligihility for appointment or election to office. (A)No member of the city council and no city employee shall have a financial interest in the sale to the city of any land, materials, supplies or service, outside of the person's position with the city. Any person having an interest shall be ineligible for election as a city council member or appointment as a city employee, and any city council member or city employee who acquires an interest shall forfeit the office or employment. Any violation of this subsection with the actual or constructive knowledge of the city council member or employee shall render the contract voidable by the city manager or the city council. (B)In subsection (a) of this section and in subsection 2.425(c), the term "sale to the city" includes a sale to city -sponsored entities and organizations subject to substantial control by the city in one or more of the following respects: (1) All or a majority of the governing body of the entity or organization is appointed by the city council; (2) The city provides more than one-half of the operating funds of the entity or organization; (3) The city has approval authority over purchasing decisions made by the entity or organization; (4) The city has approval authority over bonds or other indebtedness issued by the entity or organization; or (5) The city has approval authority over the budget of the organization. (C)This section does not apply to acquisition of property by the city as a result of eminent domain proceedings or the threat of eminent domain proceedings. 14 Formatted: Footer distance from edge: 0.32" Formatted: Body Text, Left, Space Before: 0.3 pt 1 ;; �UX7 r -I FT C11 ..., Formatted: Font: 22 pt .... ................. Amende 3758 Formatted: Character scale: 105%, Not Expanded by/ Condensed by First Adopted® r 2003 N�I Formatted: Font: 10 9 Formatted: Left rmr Section 1— GENERAL 1 Section 2 — AUTHORITY 1 Section 3 - MEETINGS 3.01. Regular Meetings 1 3.02. Special Meetings 1 Section 4 - STANDARDS OFCONDUCT 4.01. City Councilpersons 2 4.02. Council Relations with the Media 3 4.03. City Staff (During Meetings) 3 4.04. Citizens and Visitors 3 Section 5 - DUTIES AND PRIVILEGES OF COUNCILYERSONS 5.01. Seating Arrangement 3 5.02. Conflict of Interest 4 Section 6 - CHAIR AND DUTIES 6.01. The Presiding Officer - Duties 4 6.02. Call to Girder — Presiding Officer 4 6.03. Roll Call 6.04. Quorum 6.05. Girder of Business 6.06. Rules of Debate 6.07. Addressing the Council 6.08. Addressing the Council After Motion Made 6.09. Silence Constitutes Affirmative Vote 6.10. Decorum 6.11. Enforcement of Decorum 6.12. Special Boards, Commissions, or Committees 6.13. Claims Against City 6.14. Cirdinances, Resolutions, and Contracts 6.15. Reports and Resolutions to be Filed with the City Secretary Section 7 - CITY COUNCIL COMMITTEES 7.01. Council Committees Established 6 7.03. Council Committee Meetings 6 Section 8 - RULES SUSPENSION 7 Formatted: Centered, Indent: Left: 0" 1 Formatted: Font: 16 pt, Highlight Formatted: Font: 16 pt Formatted: Indent: Left: 0.15', No bullets or numbering, Tab stops: 0.15', Left + Not at 0.5" Formatted: List Paragraph, Outline numbered + Level: 2 + Numbering Style: 01, 02, 03, ... + Start at: 4 + Alignment: Left + Aligned at: 0.15' + Indent at: 0.46", Tab stops: 0.15', Left + Not at 0.5" Formatted: Font: (Default) Times New Roman Formatted: Font: Bold Formatted: Font: Bold 2 `�4"i �fl�Ir`I�It7:1! Parliamentary law and the rules ofprocedure derived from such law are essential to all deliberative organizations so that they may consider all matters before them in an effective and efficient manner and produce results that are legal and binding. Moreover, such procedural safeguards ensure due process during deliberations among members of the organization while at the same time protectiug the rights of both the group and each member. Accordingly, these rules of procedure establish guidelines to be followed by all persons attending City Council meetings, including members of the City Council, administrative staff news media, citizens, and visitors. Section 2 - AUTHORITY The Citv Charter of La Porte, Texas, provides in Article 11. City Council, Section 2.67 that the Council "shall meet regularly as such times as mayprescribed by its rules but not less frequently than once each month." and that the Council "shall determine its own rules and order of business." Thus these rules of procedure are established. In the event of any conflict between the City Charter and these rules of procedure_ the Citv Charter shall prevail. The parliamentary reference for the City Council is the most recent edition of Robert's Rules of Order Newly Revised ( NR). When any issue concerning procedure arises that is not covered by the Rules of Procedure, the City Charter, or state law, the C ouncil will refer to RONR which shall determine such procedural issue. Section 3 - MEETINGS The City Council shall follow both the letter and the spirit of Chapter 551 of the Texas Government- Formatted: Justified Code the Texas Open Meetings Act). S^etion4-23,01. Regular Meetings. (A) Time. The City Council will generally -shall -hold regular meetings on the second and fourth Monday of each month, at 6:00-o1 1f p.m.; date ddo°� r ro�Uy Cify Co« Qil )ill3y.... Place. All regular, special, and workshop meetings of the City Council shall be held in the Council Chambers, City Hall, 604 West Fairmont Parkway, in the City of La Porte, err Texas, unless otherwise directed by City Council, or required by law. €ti n-4-23.02. Special Meetings. The Mayor on his own motion or at the request of the City Manager shall call special meetings of the City Council whenever in their opinion the public business may require it, or at the express written request of any three (3) members of the City Council. Such written request shall be filed with the City Secretary, and shall contain the agenda item requested for the special meeting. Whenever a special meeting shall be called, uv�� delivered, telephone -notice shall be given, stazting the date and hour ofthemeeting and the pufpe e €tirav-1-23.03. Agenda. The Mayor, the City Manager, the City Secretary, or the City Attorney, or any three (3) members of the City Council by written request, may place an item on a City Council agenda. The written request by three (3) members of City Council shall include a clear description of the proposed action by the Council (in the form of a proposed motion), or shall clearly state the item is for discussion purposes only, shall be of sufficient detail to allow staff to contribute background information on the topic, and shall be filed with the City Secretary y 5:00 p.m., Thursday, two weeks prior to the Mondanight City Council meeting (and a commensurate period for special meetings} Anv deviations from or amendments to an agenda, either past the established deadlines or once posted, should be exceedingly rare and of a clearly significant nature. All reports, communications, ordinances, resolutions, contract documents, or other matters to be submitted to the Council shall; at leastseven r l y oma¢ I C�^u irma��*an^galso be delivered to the City Secretary on the same schedule. The City Secretary will coordinate the placement and content of items on the agenda with the City Manager, who will resolve any conflicts with Mayor and Councilpersons. Agenda items maybe removed only by the person who initially placed that item on the agendas feuponrzhe-&ty 1-e Ofdef of 00py of the Same pfk)f to the GOUREs! Meeting and as' far 41 advanee of the meetifig- Drafts of contracts, ordinances, resolutions, or other items requiring review should be submitted to the City Attorney in a manner timely enough to allow for their review prior to this submittal deadline above. None of the foregoing matters shall be presented to the Council by the administrative officials except those of an urgent nature, and the same, when so presented, shall have the written approval of the City Manager before presentation. Section 4 - STANDARDS OF CONDUCT 4,01, City Councilpersons, It is important that Councilpersons demonstrate civility to one another as individuals, for the validity of different opinions, for the democratic process, and for the community and citizens being served. Elected officials should exhibit appropriate behavior. All members of the City Council .have .equal votes and all Councilpersons speak only for themselves. 4.02. Council Relations with the Media. All City press releases, media -advisories, story suggestions, or similar items should &I�hrou h the City Secretary's office for distribution, with exception of factual police department bulletins which designated officers may send directly_ with CODV to the Citv Secretarv. UUJM��� not appropriate and not permitted. The presiding officer will ensure that the decorum of the meeting is maintained and is appropriate. other room in which the City Council is meeting. Exhibits, displays, and visual aids used in connection .with .presentations to the City Council, howeve_r.are .permitted. With. the exception of those locations designated as free speech. venues_ City Hall may not be used for .political .campaign -related functions or events. City resources or equipment may not be . used for election campaigning which includes, but is not limited to, the passing out of campaign flyers, signs. buttons, or campaign materials for any candidate or officeholder. No one may make a contribution to a candidate or officeholder in City Hall. No one may solicit support for a candidate or officeholder or accept a contribution for such in City Hall. Campaign flyers, signs, buttons, or other campaign materials for any candidate or officeholder .are .prohibited .in.City .Hall .or.on. City 2M_LLEL2eEEL_discussion, which the Council may instead choose to address via a stearate A20fflentj Section 5 — DUTIES AND PRIVILEGES OF COUNCILPERSONS 5.01, Seatinu Arrau The Mayor shall determine seating of the Council and Charter Officers, 5.02. Conflict of Interest. Formatted: Font: (Default) Times New Roman, 12 pt Formatted: List Paragraph, Left, Indent: Hanging: 0.43", Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Indent: Hanaina: 0.43" Formatted: Font: (Default) Times New Roman, 12 pt Formatted: List Paragraph, Left, Indent: Hanging: 0.43", Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Font: Italic Formatted: Font: 14 pt, Bold, Italic, Highlight Formatted: Font: 14 pt, Bold, Italic, Highlight A City Cooncilverson prevented from voting by a conflict of interest, shall step down from the dais and leave the room (ver See. 3(c)(4) of the City's adopted Ethics & Conflict of Interest Policy, Formatted: Not Highlight attached as Appendix A), shall. not vote on the matter, .shall .not .participate in discussions regarding the matter or attempt .to.influence the Council's deliberation of the matter in au way, shall not attend executive sessions regarding the matter, and shall otherwise comply with the state law and city ordinances concerning conflicts of interest including Chapter 171 of the Local Government Code. matters involving a conflict of interest that compels a Councilperson to abstain. the demand of a single Councilperson, a roll call vote shall be taken. After the result of a vote is announced—a- member may not change a vote unless, before the adjournment of that meeting, permission is given to change the vote by a majority vote of the members resent. Section -l- 6,01. The Presiding Officer -Duties. The presiding officer of the Council shall be the Mayor. The Presiding Officer shall preserve strict order and decorum at all regular and special meetings of the Council. He shall state every question coming before the Council, announce the decision of the Council on all subjects and decide all questions of order, subject, however, to an appeal to the Council, in which event a majority vote of the Council shall govern and conclusively determine such question of order. He shall be entitled to vote on all questions. He shall sign all ordinances and resolutions adopted by the Council during his presence. In the event of the absence of the Mayor, the Mayor Pro Tem shall sign ordinances or resolutions as then adopted. Seetitttt-1 2056,02. Call to Order -Presiding Officer. The Mayor, or in his absence, the Mayor Pro Tem, shall take the chair precisely at the hour appointed for the meeting, and shall immediately call the Council to order. In the absence of the Mayor or the Mayor Pro Tem, the City Secretary, or his or her Assistant, shall call the Council to order, whereupon a temporary chairman shall be elected by members of the Council present. Upon arrival of the Mayor or the Mayor Pro Tem, the temporary chairman shall immediately relinquish the chair upon the conclusion of the business immediately before the Council. Section -1-2066,03. Roll Call. Before proceeding with the business of the Council, the City Secretary, or his or her deputy shall note in the minutes- the names of those present. Late arrivals or departures of Council members shall be noted by the Presiding Officer, and recorded by the City Secretary in theminutes. ethsn-1 20-76.04. Quorum. A majority of all the members elected to the Council shall constitute a quorum at any regular or special meeting of the Council. In the absence of a quorum, the Presiding Officer shall, at the request of any three (3) members present, compel the attendance of absent members. 05. Order of Business. All meetings of the Council shall be open to the public, in accordance with the Texas Open Meetings L-awACt. Promptly at the hour set by-l-aw-on the day of each regular meeting as posted as required by law, the members of the Council, the City Secretary, the City Attorney, the Mayor, and the City Manager, shall take their regular stations in the Council Chambers, and the business of the Council shall—generally betaken up for consideration and disposition in the following order: 1. Call to Order � :2Invocation and Pledges of Allegiance. Formatted: Font: (Default) Times New Roman, 12 pt Formatted: List Paragraph, Left, Numbered + Level: 1 + Numbering Style: A, B, C,... + Start at: 1 + Alignment: Left +Alianed at: 0.5" + Indent at: 0.75" Formatted: Font: (Default) Times New Roman, 12 pt Formatted: List Paragraph, Left, Numbered + Level: 1 + Numbering Style: A, B, C,... + Start at: 1 + Alignment: Left +Aligned at: 0.5" + Indent at: 0.75" 3. Proclamations and Presentations.. 2„,,.4. Public Comments .5 Consent Agenda. (Any member of the Council may remove any item from the Consent Agenda for discussion.) These items are typically routine in nature. a 4W4; 14 E I4�awltsiner a. b Reeei e reporw« and feeEe a. 6. Statutory Agenda Formatted: Font: (Default) Times New Roman, 12 pt b. Reports of """� r" Formatted: Not Highlight �7. C�Officers and 3�iaff , . 7. Pfeaictarlytabled itertr ....... ....... Formatted: Indent: Left: 0.5", Hanging: 0.25", Space 9. Before: 0.7 pt, Line spacing: single, Numbered + Level: —�rro'r�nf UST c r 2 + Numbering Style: a, b, c, ... + Start at: 1 + 11. 8 Administrative Reports. Alignment: Left +Aligned at: 1.64" + Indent at: 2.14", T Goun„ r GeFaFa -4 ,. Tab stops: 2.13", Left + 2.13", Left + Not at 1.13" + 2. . 9. Items of Community Interest (in accordance with state law} 12. 10. Executive and/or workshop sessions (as appropriate) 1.13" 13. 11. Reconvene in public session (as needed following executive sessions) Formatted: Not Highlight p � p - 1 12. Adjournment. c requested by a member of the Goufleil" sem.,°t;o &-2406. 6. Rules of Debate. (A) Presiding Officer May Debate and Vote, Etc. The Mayor or Mayor Pro Tem, or such other member of the Council as may be presiding may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members and shall not be deprived of any of the rights and privileges of a Councilperson by reason of his acting as the Presiding Officer. (B) Getting the Floor -Improper References to be Avoided. Every member desiring to speak shall address the Chair, and, upon recognition by the Presiding Officer, shall confine himself to the question under debate, avoiding all personalities and indecorous language. (C) Interruptions. A member, once recognized, shall not be interrupted when speaking unless it be to call him to order, or as herein otherwise provided. If a member, while speaking, be called to order, he shall cease speaking until the question of order be determined, and, if in order, he shall be permitted to proceed. _::::: _....'............................................................._ --- Formatted: Not Highlight Formatted: Indent: Left: 0.56", No bullets or (I) Motiarrtc�Reeer ido �motierrtc�reeer ido�an aetierrtalforrb the Cottner�rrray� numbering a ll)(D.).... Remarks of Council person- -When Entered in Minutes. A Councilperson may request, through the Presiding Officer, the privilege of having an abstract of his statement on any subject under consideration by the Council entered in the minutes. If the Council consents thereto, such statement shall be entered in the minutes. (E) Sepsis of Debate --When Entered in Minutes. The City Secretary may be directed by the Presiding Officer, with consent of the Council, to enter in the minutes a synopsis of the discussion on any question coming regularly before the Council. City Councilpersons, the Council expects that issues adequately addressed prior to the meeting not be reprised during the meeting Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Indent: Left: 0.61", Hanging: 0.52", Right: 0", Line spacing: single, No bullets or numbering, Tab stops: Not at 0.56" ;eetio- " 2"6,07. Addressing the Council. Before each meeting of City Council the City Formatted: Underline Secretary shall plaee-make public comment ea 4s -forms availables r4 Pte* 1 th r��f the on which any taxpayer or resident, or his authorized representative, or any member of the public, may sign his name and address, and indicate the subject matter on which he wishes to speak of submit ^ wrr *11 . . . (A) dral-k4rmunteat ^nom—Individuals may address the Council by oral communication in by completing all requested information on the public comment efffd form, and placing it at the City Secretary's desk on the dais„ pubh,&, not later than five (5) minutes before commencement of the meeting. Oral communication to Council shall be in the manner provided in Section 1.212 hereof. (A) Time Limit. Each person addressing the Council shall step up to the podium, shall give his name and address in an audible tone of voice for the records, and unless further time is granted by the Council, shall limit his address to five (5) minutes. All remarks shall be addressed to the Council as a body and not to any member thereof. No person, other than the Council and the person having the floor shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the Presiding Officer. No question shall be asked to a Councilperson except through the Presiding Officer. Any such question shall be referred by City Council to the City manager Manager, for further handling. ice' Limits on Repetitive or Redundant Presentations. The City Council shall have the right to place reasonable limits on the number, ffequeneyTand-length of presentations made during the comment period, in accordance with law. For such purposes the City Council may limit the length of the individual presentations made -ar.—rre 4 ' ' the ��' ��^t ^t n„^^�nn:^� '^����:r �t�n^� Subject to the foregoing, the City Council shall not place limits on discussion of specific subject matter as it relates to any constitutionally guaranteed right of freedom of speech, or otherwise discriminate against a particular point of view. 7/19 addition in light of HB 2ti40 changes mane alcove — Persons wishing to Formatted: Font: Bold, Highlight address the Council on more than one agenda item in a single meeting must speak on them all the first time they are called upon (additional time is not given for additional items — emailing writing, calling, or visiting with Councilpersons outside of meetings is, of course, unlimited}. Formatted: Font: (Default) Times New Roman Formatted: List Paragraph, Indent: Left: 0.5", Space Before: 0 pt, Line spacing: Multiple 1.01 Ii, Tab stops: 1.17", Left Seetio ” 2 ^x=,09. Silence Constitutes Affirmative Vote. Unless a member of the Council states that he is not voting, his silence shall be recorded as an affirmative vote. Section -24-5 6 10. Decorum. (A) By Councilpersons , Ro.,,be+. . While the Council is in session, the members must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council nor disturb any member while speaking or refuse to obey the orders of the Council or its Presiding Officer, except as otherwise herein provided. (B) By Persons. Any person making personal, impertinent, or slanderous remarks or who shall become boisterous while addressing the Council shall be forthwith, by the Presiding Officer, barred from further audience before the Council, unless permission to continue be granted by a majority vote of the Council. Section -1 2-166,11. Enforcement of Decorum. The Chief of Police, or such member or members of the Police Department as he may designate, shall be Sergeant -at -Arms of the Council meetings. He, or they, shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum at the Council meeting. Upon instructions of the Presiding Officer, it shall be the duty of the Sergeant -at -Arms, or any of them present, to p1ace- remove any person who violates the order and decorum of the meeting f affe9t, and effuse him to be 7 Seetiotl-2-1,12. Special Committees. The establishment and members of aAll special committees shall be i4efl-decided by a majority vote of the Council, unless prescribed by the City Charter or other action of the Council. 4h A0 Section4-4246,13. Ordinances, Resolutions, AIcGtions-and Contracts. i A I Preparation of OfdHianees. All ofdHianees shall be approved by the City Attorney. No .-, 4,:.-,:�: °�:..,. „1♦°�:...n , ,:�h ♦ho /'': f.,AR°..^now BO) ...., r~��� ��=o °^' ' ^ ' °==rte^tri*°°ffI. All ordinances, resolutions and contract documents shall, before presentation to the Council, have been approved as to form and legality by the City Attorney or his authorized representative, and shall have been examined and approved for administration by the City Manager or his authorized representative, where there are substantive matters of administration involved. (1) Ordinances, resolutions, and other matters or subjects requiring action by the Council must initially be produced/written, introduced_ and sponsored by a embef oma{ *he fOSOlUtH)fiS', and other matters of smb�eets to the Gouneil, and any -C& une�— thereof by nio—ing 4—+ --t, "-AH`ffH1ee5', feSOlUti OHS, Matters Of 7„bj ts beadopted-- aa hyo mar �i ored perthe guidelines of 3.03 Agenda, above. - - Formatted: Indent: Left: 0", First line: 0" 1 Formatted: Font: (Default) Times New Roman, 12 pt (� No ordinance shall relate to more than one subject, which shall be Formatted: Normal clearly expressed in its title, and no ordinance, or section thereof, shall be amended or repealed unless the new ordinance contains the title of the ordinance or section amended or repealed, and when practical all ordinances shall be introduced as amendments to existing ordinances or sections thereof. IN Seetion4-M&14. Reports and Resolutions to be Filed with the City Secretary. All reports and resolutions shall be filed with the City Secretary and entered on the minutes. Section 7 — CITY COUNCIL COMMITTEES Formatted: Indent: Left: 0" 7,01, Council Committees Established. Formatted: No bullets or numbering, Tab stops: 0", Left + Not at 0.65" + 0.65" (A) The following standing committees of the City Council are established: a...... Formatted: Font: (Default) Times New Roman, 12 pt (1) Fiscal Affairs Committee Formatted: List Paragraph, Indent: Left: 0.25", Hanging: 0.31", Numbered + Level: 1 +Numbering (2) Drainage and Flooding Committee Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 0.59" + Indent at: 0.84" (B) Each standing committee shall review matters in its area of res onsibility that are s............................................_........................................................................................................................................................................................p............................._.................................................................._ referred to it by the City Council or the City Manager. A standing committee may, Formatted: Font: (Default) Times New Roman, 12 pt by majority vote, recommend action to the City Council, but committee Formatted: List Paragraph, Left, Indent: Left: 0.25", recommendation is not necessary for a matter to be placed on the City Council Hanging: 0.31", Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + agenda. The committee chair may make a statement on behalf of the committee on Aligned at: 0.59" + Indent at: 0.84" an item in a meeting of the Council. Formatted: Font: (Default) Times New Roman, 12 pt, 7.02Armointment, A�pomtment to and composition of the committees has been established-� through- prior Council action and may be amended by such Bold Formatted: Font: (Default) Times New Roman 7,03, Council Committee, Meetino. Formatted: List Paragraph, Left, Level 4, Indent: Left: ........................................................................................................................................... 0", First line: 0", Right: 0", Space Before: 0 pt, Outline (A) Council standing committees shall meet as neeessa .numbered + Level: 2 + Numbering Style: 01, 02, 03, ... —................................ + Start at: 2 +Alignment: Left +Aligned at: 0.71" + Indent at: 1.04", Tab stops: 0", Left (B) The committee chair shall develop committee meetinf a endas throiz h ...................................................................................P.........._�'.............................................._�'—................................ coordination with fellow committee members and appropriate supporting staff Formatted: Font: (Default) Times New Roman, Bold members. The committee chair will coordinate with the City Secretary to ensure Formatted: List Paragraph, Indent: Left: 0", First line: that the committee meeting agenda is posted as appropriate. 0", Space Before: 0 pt, Outline numbered + Level: 2 + Numbering Style: 01, 02, 03, ... + Start at: 2 + 7,04, Council Ad Od Committees. Alignment: Left + Aligned at: 0.71" + Indent at: 1.04", Tab stops: 0", Left + Not at 0.65" + 0.65" The Mayoryappoint ad hoc committees from time to time to study and review Formatted: Not Expanded by/ Condensed by specific issues. The Mayor shall determine the number of members and appoint a Formatted: Font: (Default) Times New Roman, 12 pt chair of ad hoc committees. The ad hoc committees shall be established for a Formatted: List Paragraph, Indent: Left: 0.25", designated period of time, which may be extended by the Mayor and shall meet as Hanging: 0.31", Numbered + Level: 1 + Numbering needed. The Mayor shall formally announce the establishment of any ad hoc Style: A, B, C, ... + Start at: 1 + Alignment: Left + committee along with his appointments to that committee in a session of Council Aligned at: 0.65" + Indent at: 0.9" prior to the committee convening to conduct business. Formatted: Indent: Left: 0.25", Hanging: 0.31" Formatted: Font: (Default) Times New Roman, 12 pt Section —RULES SUSPENSION Formatted: List Paragraph, Left, Indent: Left: 0.25", Hanging: 0.31", Numbered + Level: 1 + Numbering Any proyision of these rules not governed by the City Charter, City Code, or state law may Style: A, B, C, ... + Start at: 1 + Alignment: Left + temporarilv suspended by a two-thirds vote of the members of the City Council present. Aligned at: 0.65" + Indent at: 0.9" Formatted: List Paragraph, Indent: Left: 0", First line: 0", Outline numbered + Level: 2 + Numbering Style: 01, 02, 03, ... + Start at: 2 + Alignment: Left + Aligned at: 0.71" + Indent at: 1.04", Tab stops: 0", Left + Not at 0.65" + 0.65" Is rrrov Frrrurrow�rcrrcrc�nvcro��r�rrrrorrrQrcre Ao. and the eantentiq and-postffig-thefeef- Seet-ion 1-226. Repeal. Ofdhianee No. 14— and O.-Inanee No. 1435-A afe fepealed as of the etrecc'4'rye dac�tue heFe'vr. .. .. .. } ` ° ' '° �- Formatted: Justified, Right: 0.03", Line spacing: JII Multiple 0.94 li 12 APPENDIXA ETHICS POLICY Section 1® Policy and purposes. (A)General policy statement. It is the policy of the city that ..all ..city officials and employees shall conduct themselves both inside and outside the city's service so as to give no occasion for distrUSt of their inte2ritv, impartiality, or devotion to the best interest of the city and the public trust which the cijy holds. (B)Appearance oLimurourietE. Public service is a public tnist. All city officials and employees are stewards of the public trust. They have a responsibility to the citizens of the city to administer and enforce the City Charter and city ordinances. To ensure and enhance public confidence in city government, each city official and emplo-yee MUSt strive not only to maintain technical compliance with the principles of ethical conduct set forth in this article and in state _—la%v butalsoto avoid the appearance o impropriety at all times. Formatted: StFikethrouah Formatted: Font: 12 pt �Formatted: Indent: Left: 0.34", Hanging: 0.25", Right: 0.09", Line spacing: Multiple 1.05 Ii, Tab stops: 0.6", Left + Not at 0.56" (C)Thiscode of ethics has thLeepurposes, _ ........... ---- ................... .............. Formatted: Font: 12 pt (1) To encourage ethical conduct on the part of city officials and employees-, (2) To encourage public service with the city; (3)To establish standards for ethical conduct for city officials and empl2yees by defining and prohibiting conduct that is incompatible with the interests 2tjthe _city; (D)This code of ethics is not intended to be used as a political weapon.or to intimidate or embarrass affected persons. The officials charged with administration of this code of ethics shall administer it in a manner that avoids any such Use of this code of ethics. Section 2. Definitions, RM Benefit means anything reasonablv regarded as DeCUniary gain or DeCLmiary advantage including army, real or personal property, PUrchase, sale, lease, contract, option, credit, loan, discount, service or other tangible or intangible thing of value. Benefit includes a DeCUniary gain or DeCUniary advantage to anv other person in whose welfare the beneficiary has a direct and substantial interest Business entity means a sole proprietorship, partnership, firm corporation, holding company joint-stock company, receivership, tniSt, Unincorporated association, or any other entitv recognized by la -%v, including a nonprofit organization or governmental entity. Economic interest includes a legal or e(Lfitable interest in real Property, personal property, or intangible property, or a contractual right, including but not limited to receipt of compensation and/or benefits. Service bicial or employee as an officer, y a city off 13 director aclvlso_ror other active participant in a nonprofit educational, religiOLIS, chari_table fraternal, or civic organization does not create for that ,city .official or employee an economic interest in the property of the organization. Ownership of an interest in a MUtUal or common investment fLmd that holds securities or other assets is not an economic interest in the securities or other assets LMIeSS the person in question participates in the management of the ftind. Employee means any_person employed by the city, whether Under civil service reRUIations or not, including those individuals on a part-time basis, but not including any independent contractor. Immediate LamilE means the SPOUSe, children, brother_ssisters and parents of an officer 2L9W-1-03Le—e O(icer or o(Licial means the mayor or any member of the eijY council and M appointive member of a city board, commission or committee established by ordinance, charter or state law. Section 3. ProhLbifion_apainst involvement in actions affecting _economic interests. (A) General rule. It shall be a violation of this policy for a city official or eMpl2yee to participate in any Proceedings or take any official action that he or she knows is likely to: (1) Affect an economic interest of: (a) The official or emplgyeei (b) His or her immediate family member; (e) A member of his or her household; (d) An outside emplover of the official or emplovee or of his or her immediate family member, family member holds an economic interest; empl2yee, officer -ordirector, or otherwise functions in am Policy making position-, o Formatted: Justified, Indent: Left: 0.86", Hanging: 0.33", Space Before: 0.85 pt, Line spacing: single, Numbered + Level: 3 + Numbering Style: a, b, c,... + Start at: 1 + Alignment: Left + Aligned at: 1.06" + Indent at: 1.31" Formatted: Font: 12 pt Formatted: Font: 12 of Formatted: Font: 12 pt 1-1 1� -- — ---' -- -- -- ---- — --- ' --' — -4 — —' Formatted: Font: 12 pt immediate family member,hassolicite—d -received and not rejected, or accepted an offer of employment within the past twelve months- or (2)Confer a benefit on the official or employee, or deprive the official or employee of a benefit, where the effect of the action on the official or employee is distinguishable from the effect of the action on other employees or ffofficials Formatted: Font: 12 pt members of the DUbhe in general or a substantial segment of the DUbhe. (B) Meaning of "qikct". (1)1n subsection (a)(1) above, _anaction _is- likely to affect an..official's .or..ej �Io e e�'s economic interest if it meets all of the following: (a) The action is likely to have an effect on that interest, either positive or negative, that is distinRLiishable from its effect on other employees or officials, members 14 of the public in general or a substantial segment of the PLIblic. (b) The effect of the action on that interest is direct, and not secondary or indirect. However, the action need not be the only producing cause of the effect in order for the effect to be direct. Lc�j The effect on the interest must be more than insignificant or de minimis in nature or value.. (2)In determining whether a person, entity or property is or was affected by an official's or employee's Participation in proceedings, vote or decision, it will not be necessary to Drove the actual existence or occurrence of an economic effect or consed Lience if the effect or conse(Mence AVOUld be reasonably expected to exist or OCCLIr. Recusal and disclosure. A.LLty. official. or employee whose conduct would otherwise violate subsection (a), or a state conflict of interest la -%v if he or she participated in proceedings or took anaction, must abstain from participation in the action in accordance with the following: (1)Immediately refrain from further participation in the matter, including discussions with any_persons likely to consider the matter, from the time he or she discovers or reasonably should have discovered the matter triggering the recusal;, (2)Promptly file necessary documentation disclosing the nature and extent of the interest triggering the recusal with the city clerk, if the person is an official, or wish the person's supervisor, if the person is an employe�e (3)Promptly notify the person's supervisor of the nature and extent of the interest triggering the recusal, if the person is a city employee, so that the supervisor can reassign responsibility for handling the matter to another person, and (4)Promptly disclose the interest triggering the recusal, if the person is a member of the city council, a city -board orcommissi_on to other members of the City council, board or commission, and leave the room in which the City COLMCil,boarclor commission is meeting during the board or commission's discussion of or voting on, the matter. (D) No prohibition established in this section shall be constniecl.to.prevent .members of city council, or the appointees to any board or commission of the city, or a city employee, from voting on or participating in a matter relating to the adoptionoflaws, rides and/or policies .that .aply generally to all employees, -officials -and/or members Of the public and the effect of which dogs not confer a benefit on the official or Formatted: Font: 12 pt employee that is distinguishable from the effect on other employees, officials or members of the public or a substantial segment of the public. Section 4. Standards of conduct. A) Standards Lor immediate family members. A city official or employee commits a violation of this policy if an immediate family membe_r, with the official's or employee's knowledge, intentionally or knowingly (I)Solicits- accepts or agrees to accent from another person anv benefit that the member's relative, who is a city officer or employee, is prohibited from soliciting, accepting or agreeing to accept Under state la -%v, (2)NESLISeS any official information obtained from the member's -relative, who is a_city 15 officer or empl2yee, to which the relative has access by VillLle of the relative's office or employment and that has not been made public, in a manner prohibited as to the relative under- state law _or (3)Misuse, as defined in V. T. C.A.,_ Penal Code §39.01, M city property, services, personnel .or.,any ..other thing of value belonging to the city that has come into the member's custody or possession by virtue of the office or employment of the member's relative who is a citv officer or emplovee. (B) Representation and appearance at meetings. No city official or employee knowingly: (1) Appear before the body of -%vlfich the officer or employee is a member, or otherwise participate in anyproceedings, as a representative for any rip person, including the officer or employee or any immediate family member, except that an official or employee may represent their interests in their own property before a board, agency, commission ordepartmentof the city_. (2) Participate in anyproceedings, directly or indirectly,-- wherein the official or employee represents the interests of any outside employer, business entity, RrOLID or interest in any matter, action or proceeding against the interests of the city or in anv litigation in which the citv or anv department, agency, commission or board thereof is a -party, (3) Accept other employment or engage in outside activities incompatible with the full and proper discharge of city duties or that might impair independent j Lidgment in the performance of city duties-, or (4) Make a false statement of material fact .ata public .meeting. This subsection shall not be construed to deprive an officer or employee of the light to due process Under the la -%v, including the right to represent himself/herself in a court proceeding (C) Representation by council members. No city COLMCil member shall knowingly represent any_private person, including the city council member or any immediate family member, or any outside employer, business entity, grOLID or interest in any matter before M department, agency, commission or board of the .cjjy-..except ihat city council members may represent their interests in their own property before a board, agency, commission or department of the city. (D) Representation in municipal court. In any action or Proceeding in the municipal court which is instituted by a city officer or employee in the course of official duties: (1) No city council member shall kno-%vinRIv represent any private person other than himself or herself. If a city council member elects to have a trial in municipal COUrt, the city COLMCil, without the participation of the affected CAV council member, will appoint a sDecial i LIC12e to preside over the trial. (2) No city officer or employee shall knowin2lv reDresent any_private person other than himself or herself, including any immediate family member, or M gip or interest. (E)Representation in land use and development matters. A member of the planning and zoning commission shall not knowimlv represent the member or any other person, 2n)LID or interest in M matter before the zoning board of adjustments involving land Use or development ,and amember of the zoning board of adjustments shall not knowingly represent the member or any other person, groin or interest,. in.,gpy..matter ..before the planning and zoning commission involving land Use or development. This subsection does not apply to members representing their interests in their 2��o e�rt, (F) Prohibited use otcitE position. .A.city .official .or employee shall not Use his or her position to Unfairly advance or impede private interests, or to grant or secure, or attempt to or SeCUre, for any person (including himself or herself) any form of special consideration, treatment, exemption, or advantage beyond that which is lawfully available to other 12ersons....A city ..official ..or..employee who represents to a person that the official or employee ma provide an advantage or impediment to the person based on the official's or employee's office or position violates this rule. Section 5. Contracts with city, cligihility for a2gltaatreacaat ®relecfion to office. (A) No member of the City COLMCil and no cites pl2yee shall have a financial interest in the sale to the city of any land, materials, SLInPlieS or service, outside of the person's position with the city. Any person having an interest shall be ineligible for election as a CL council member or appointment .as.a.c�t.employee, and any city council member or cL empl2yee who aeffifires an interest shall forfeit the office or employment. Any violation of this subsection with the actual or constructive knowledge of the city council member or employee shall render the contract voidable by the city manager or the city COLMCil. (B)In subsection (a) of this section and in subsection 2.425(c), the term "sale to the city" includes a sale to city -sponsored entities and organizations. subject .to.substantial control by the city in one or more of the following respects: (1) All or a majority of the governing body of the entity or organization is appointed by the city COLmcil, (2) The city provides more than one-half of the operating funds of the entitv or organization, (3) The city has approval aLithorily over purchasing decisions made by the entity or organization, (4) The cily has Uproval authority over bonds or other indebtedness issued by the entity or organization; or (5) The city has approval authority over the bLICIRet of the organization. (C)This section does not apply to acquisition of property by the city as a result of eminent domain proceedings or the threat of eminent domain proceedings. . ............ 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This shall not MPIA, to a emple-Ment 18 ot ruy q4- agpAjq Please add to City Council Agenda requesting to change Ordinance No. 2646- Establishing City Council Meetings under Section 1-211 "Addressing the Council" (B) Oral Communications (1).,.. that will allow Citizens, Tax Payers to sign up on Council meeting nights to speak on any subject regardless of whether the item is on the agenda. (limited to five minutes) 1, City Council member signature: 191�9�- d?22�� 2. ber signature: 3. qitKo9qcil member signature: ORDINANCE NO. 2003- - 0 AN ORDINANCE ESTABLISHING ORGANIZATION AND PROCEDURES FOR CITY COUNCIL MEETINGS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1-201. Regular Meetings, (A) Time. The City Council shall hold regular meetings on the second and fourth Monday of each month, at 6:00 o'clock p.m.; provided, however, that when the day fixed for any regular meeting of the Council falls upon a day designated by law as a legal or national holiday, such meeting shall be held on such other date as determined by City Council. (B) Time. The City Council shall hold special or workshop meetings, if necessary, on the third Monday of each month, at 6:00 o'clock p.m., or at such other date and time as may be determined under Section 1-202 Special Meetings, hereof; provided, however, that when the day fixed for any special or workshop meeting of the Council fails upon a day designated by law as a legal or national holiday, such meetings shall be held on such other date as determined by City Council. (C) Place. All regular, special, and workshop meetings of the City Council shall be held in the Council Chambers, City Hail, 604 West Fairmont Parkway, in the City of La Porte, Harris County, Texas, unless otherwise directed by City Council, or required by law. Section 1-202. Special Meetings. The Mayor on his own motion or at the request of the City Manager shall call special meetings of the City Council whenever in their opinion the public business may require it, or at the express written request of any three (3) members of the City Council. Such written request shall be filed with the City Secretary, and shall contain the agenda item requested for the special meeting. Whenever a special meeting shall be called, written notice thereof shall be delivered to each member of the Council, or, if written notice cannot be timely delivered, telephone notice shall be given, stating the date and hour of the meeting and the purpose for which such meeting is called. Section 1-203. Agenda. The Mayor, the City Manager, or the City Attorney, or any three (3) members of the City Council by written request, may place an item on a City Council agenda. The written request by three (3) members of City Council shall be filed with the City Secretary, and shall contain the agenda item requested. All reports, communications, ordinances, resolutions, contract documents, or other matters to be submitted to the Council shall, at least seven (7) days prior to each Council meeting, be delivered to the City Secretary, whereupon the City Secretary shall immediately arrange a list of such matters according to the Order of Business and furnish each member of the Council, the Mayor, the City Manager, and the City Attorney with a copy of the same prior to the Council meeting and as far in advance of the meeting as time for preparation will permit. None of the foregoing matters shall be presented to the Council by the administrative officials except those of an urgent nature, and the same, when so presented, shall have the written approval of the City Manager before presentation. Section 1-204. The Presiding Officer --Duties. The presiding officer of the Council shall be the Mayor. The Presiding Officer shall preserve strict order and decorum at all regular and special meetings of the Council. He shall state every question coming before the Council, announce the decision of the Council on all subjects and decide all questions of order, subject, however, to an appeal to the Council, in which event a majority vote of the Council shall govern and conclusively determine such question of order. He shall be entitled to vote on all questions. He shall sign all ordinances and resolutions adopted by the Council during his presence. In the event of the absence of the Mayor, the Mayor Pro Tem shall sign ordinances or resolutions as then adopted. Section 1-205.Call to Order --Presiding Officer. The Mayor, or in his absence, the Mayor Pro Tem, shall take the chair precisely at the hour appointed for the meeting, and shall immediately call the Council to order. In the absence of the Mayor or the Mayor Pro Tem, the City Secretary, or his or her Assistant, shall call the Council to order, whereupon a temporary chairman shall be elected by members of the Council present. Upon arrival of the Mayor or the Mayor Pro Tem, the temporary chairman shall immediately relinquish the chair upon the conclusion of the business immediately before the Council. Section 1-206. Roll Call. Before proceeding with the business of the Council, the City Secretary, or his or her deputy shall note in the minutes, the names of those present. Late arrivals or departures of Council members shall be noted by the Presiding Officer, and recorded by the City Secretary in the minutes. Section 1-207. Quorum. A majority of all the members elected to the _Council shall constitute a quorum at any regular or special meeting of the Council. In the absence of a quorum, the Presiding Officer shall, at the request of any three (3) members present, compel the attendance of absent members. Section 1-208. Order of Business. All meetings of the Council shall be open to the public, in accordance with the Texas Open Meetings Law. Promptly at the hour set by law on the day of each regular meeting as posted as required by law, the members of the Council, the City Secretary, the City Attorney, the Mayor, and the City Manager, shall take their regular stations in the Council Chambers, and the business of the Council shall be taken up for consideration and disposition in the following order: 1. Invocation and Pledge of Allegiance. 2. Proclamations and Presentations. 3. Consent Agenda. (Any member of the Council may remove any item from the Consent Agenda for discussion.) These items are typically routine in nature. a. Approval of minutes of previous meeting. 2 b. Purchases, Contracts, or Transactions. 4. Petitions, remonstrances, communications, and citizens and taxpayers wishing to address the Council. 5. Public Hearings, 6 New Business: a. Introduction and adoption of resolutions and ordinances. b. Receive reports and recommendations from City staff. c. Report of Officers----Boards—Committees. 7. Previously tabled items. 8. Executive Session. 9. Workshop Items. 11. Administrative Reports. 12. Council Comments. 13. Adjournment. Section 1-209. Reading of Minutes. Unless a reading of the minutes of a Council meeting is requested by a member of the Council, such minutes may be approved without reading if the City Secretary has previously furnished each member with a copy thereof. Section 1-210. Rules of Debate. (A) Presiding Officer May Debate and Vote, Etc. The Mayor or Mayor Pro Tem, or such other member of the Council as may be presiding may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members and shall not be deprived of any of the rights and privileges of a Councilperson by reason of his acting as the Presiding Officer. (B) Getting the Floor -Improper References to be Avoided. Every member desiring to speak shall address the Chair, and, upon recognition by the Presiding Officer, shall confine himself to the question under debate, avoiding all personalities and indecorous language. (C) Interruptions. A member, once recognized, shall not be interrupted when speaking unless it be to call him to order, or as herein otherwise provided. If a member, while speaking, be called to order, he shall cease speaking until the question of order be determined, and, if in order, he shall be permitted to proceed. (D) Privilege of Closing Debate. The Councilperson moving the adoption of an ordinance or resolution shall have the privilege of closing the debate. (E) Motion to Reconsider. A motion to reconsider any action taken by the Council may be made only on the day such action was taken. It may be made either immediately during the same session, or at a recessed or adjourned session thereof. Such motion must be made by one of the prevailing side, but may be seconded by any member, and may be made 3 at any time and have precedence over all other motions or while a member has the floor; it shall be debatable. Nothing herein shall be construed to prevent any member of the Council from making or remaking the same or any other motion at a subsequent meeting of the Council. (E) Remarks of Councilperson—When Entered in Minutes. A Councilperson may request, through the Presiding Officer, the privilege of having an abstract of his statement on any subject under consideration by the Council entered in the minutes. If the Council consents thereto, such statement shall be entered in the minutes. (G) Synopsis of Debate—When Entered in Minutes. The City Secretary may be directed by the Presiding Officer, with consent of the Council, to enter in the minutes a synopsis of the discussion on any question coming regularly before the Council. Section 1-211. Addressing the Council. Before each meeting of City Council the City Secretary shall place public comment cards on the table in the rear of the Council Chambers, on which any taxpayer or resident, or his authorized representative, or any member of the public, may sign his name and address, and indicate the subject matter on which he wishes to speak or submit a written communication. (A) Oral Communications. Individuals may address the Council by oral communication in regard to matters appearing on the City Council agenda, or any other subject matter, by completing all requested information on the public comment card, and placing said public comment card in the box located on the table in the rear of the Council Chambers, not later than five (5) minutes before commencement of the meeting. Oral communication to Council shall be in the manner provided in Section 1.212 hereof. (B) Written Communications. Individuals may address the Council by written communication in regard to matters appearing on the City Council agenda, or any other subject matter, by completing all requested information on the public comment card, and placing said public comment card, along with the proposed written communication, in the box located on the table in the rear of the Council Chambers, not later than five (5) minutes before commencement of the meeting. Section 1-212. Manner of Addressing Council (A) Time Limit. Each person addressing the Council shall step up to the podium, shall give his name and address in an audible tone of voice for the records, and unless further time is granted by the Council, shall limit his address to five (5) minutes. All remarks shall be addressed to the Council as a body and not to any member thereof. No person, other than the Council and the person having the floor shall be permitted to enter into any discussion, either directly or through a member of the Council, N without the permission of the Presiding Officer. No question shall be asked to a Councilperson except through the Presiding Officer. Any such question shall be referred by City Council to the City manager, for further handling. (B) Limits on Repetitive or Redundant Presentations. The City Council shall have the right to place reasonable limits on the number, frequency, and length of presentations made during the comment period, in accordance with law. For such purposes the City Council may limit the number of persons who speak on a particular subject at a meeting, and the length of the individual presentations made, on such topic; accordingly, the City Council may place reasonable limits on the number of occasions that a person or persons speak on a particular subject, at successive Council meetings. Subject to the foregoing, the City Council shall not place limits on discussion of specific subject matter as it relates to any constitutionally guaranteed right of freedom of speech, or otherwise discriminate against a particular point of view. Section 1-213. Addressing the Council After Motion Made. After a motion is made by the Council, no person shall address the Council without first securing the permission of the Council so to do. Section 1-214. Silence Constitutes Affirmative Vote. Unless a member of the Council states that he is not voting, his silence shall be recorded as an affirmative vote. Section 1-215, Decorum. (A) By Council Members. While the Council is in session, the members must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council nor disturb any member while speaking or refuse to obey the orders of the Council or its Presiding Officer, except as otherwise herein provided. (B) By Persons. Any person making personal, impertinent, or slanderous remarks or who shall become boisterous while addressing the Council shall be forthwith, by the Presiding Officer, barred from further audience before the Council, unless permission to continue be granted by a majority vote of the Council. Section 1-216. Enforcement of Decorum. The Chief of Police, or such member or members of the Police Department as he may designate, shall be Sergeant - at -Arms of the Council meetings. He, or they, shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum at the Council meeting. Upon instructions of the Presiding Officer, it shall be the duty of the Sergeant -at -Arms, or any of them present, to place any person who violates the order and decorum of the meeting under arrest, and cause him to be prosecuted under the provisions of this Code, the complaint to be signed by the Presiding Officer. 5 Section 1-217. Persons Authorized to be at Tables. No person shall be permitted to be at the two tables in front of the Council table, without the express consent of the Council. Section 1-218. Special Committees. All special committees shall be appointed by majority vote of the Council. Section 1-219. Members May File Protests Against Council Action. Any member shall have the right to have the reasons for his dissent from, or protest against, any action of the Council entered on the minutes. Section 1-220. Claims Against City. No account or other demand against the City shall be allowed until the same has been considered and reported upon by the City Manager and the City Attorney. Section 1-221. Ordinances, Resolutions, Motions and Contracts. (A) Preparation of Ordinances.All ordinances shall be approved by the City Attorney. No ordinance shall be prepared for presentation to the Council unless ordered by three (3) members of the Council, or requested by the City Manager, or prepared by the City Attorney on his own initiative, in consultation with the City Manager. (B) Prior Approval by Administrative Staff. All ordinances, resolutions and contract documents shall, before presentation to the Council, have been approved as to form and legality by the City Attorney or his authorized representative, and shall have been examined and approved for administration by the City Manager or his authorized representative, where there are substantive matters of administration involved. (C) Introducing for Passage or Apgroval. (1) Ordinances, resolutions, and other matters or subjects requiring action by the Council must be introduced and sponsored by a member of the Council, except that the City Manager or City Attorney may present ordinances, resolutions, and other matters or subjects to the Council, and any Councilperson may assume sponsorship thereof by moving that such ordinances, resolutions, matters or subjects be adopted; otherwise, they shall not be considered. (2) An ordinance may have final passage on the same day on which it was introduced. (3) No ordinance shall relate to more than one subject, which shall be clearly expressed in its title, and no ordinance, or section thereof, shall be amended or repealed unless the new A ordinance contains the title of the ordinance or section amended or repealed, and when practical all ordinances shall be introduced as amendments to existing ordinances or sections thereof. (4) Any resolution providing for the appropriation of money shall designate the particular fund from which the appropriation is to be made. Section 1-222. Reports and Resolutions to be Filed with the City Secretary. All reports and resolutions shall be filed with the City Secretary and entered on the minutes. Section 1-223, Adjournment. A motion to adjourn shall always be in order and decided without debate. Section 1-224. Executive Sessions. Every regular, special or called meeting or session of City Council shall be open to the public. No closed or executive meeting or session of City Council for any of the purposes for which closed or executive meetings or sessions are authorized by the Open Meetings Law, Chapter 551, Texas Government Code, shall be held unless City Council has first been convened in open meeting or session for which lawful notice has been given and during which meeting or session the Presiding Officer has publicly announced that a closed or executive meeting or session will be held and identified the section or sections of said Act authorizing the holding of such closed or executive session. No final action, decision, or vote with regard to any matter considered in the closed meeting shall be made except in a meeting which is open to the public and in compliance with the notice provisions of the Act. Section 1-225. Open Meetings Law Notice. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 1-226. Repeal. Ordinance No. 1435 and Ordinance No. 1435-A are repealed as of the effective date hereof. Section 1-227. Effective Date. This ordinance shall be effective from and after its passage and approval. Irl PASSED AND APPROVED, this day ofd , 2008. CITY OF LA PORTE By: r Alton E. Porter, Mayor ATTEST: (�/� 11 && Martha A. Gillett, City Secretary APPROVED: Z1, � /f Clark T. Askins, City Attorney ORDINANCE NO. 2013 - AN ORDINANCE ESTABLISHING AN ETHICS AND CONFLICT OF INTEREST POLICY APPLICABLE TO CITY OFFICIALS AND EMPLOYEES; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; CONTAINING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Policy and purposes. (a) General policy statement. It is the policy of the city that all city officials and employees shall conduct themselves both inside and outside the city's service so as to give no occasion for distrust of their integrity, impartiality or devotion to the best interest of the city and the public trust which the city holds. (b) Appearance of impropriety. Public service is a public trust. All city officials and employees are stewards of the public trust. They have a responsibility to the citizens of the city to administer and enforce the City Charter and city ordinances. To ensure and enhance public confidence in city government, each city official and employee must strive not only to maintain technical compliance with the principles of ethical conduct set forth in this article and in state law, but also to avoid the appearance of impropriety at all times. (c) This code of ethics has three purposes: (1) To encourage ethical conduct on the part of city officials and employees; (Z) To encourage public service with the city; (3) To establish standards for ethical conduct for city officials and employees by defining and prohibiting conduct that is incompatible with the interests of the city; (d)'This code of ethics is not intended to be used as a political weapon or to intimidate or embarrass affected persons. The officials charged with administration of this code of ethics shall administer it in a manner that avoids any such use of this code of ethics. Section 2. Derinitions. In this policy: Benefit means anything reasonably regarded as pecuniary gain or pecuniary advantage, including any money, real or personal property, purchase, sale, lease, contract, option, credit, loan, discount, service or other tangible or intangible thing of value. Benefit includes a pecuniary gain or pecuniary advantage to any other person in whose welfare the beneficiary has a direct and substantial interest. Business entity means a sole proprietorship, partnership, firm, corporation, holding company, joint-stock company, receivership, trust, unincorporated association, or any other entity recognized by law, including a nonprofit organization or governmental entity. h'conomic interest includes a legal or equitable interest in real property, personal property, or intangible property, or a contractual right, including but not limited to receipt of compensation and/or benefits. Service by a city official or employee as an officer, director, advisor, or other active participant in a nonprofit educational, religious, charitable, fraternal, or civic organization docs not create for that city official or employee an economic interest in the property of the organization. Ownership of an interest in a mutual or common investment fund that holds securities or other assets is not an economic interest in the securities or other assets unless the person in question participates in the management of the fund. Employee means any person employed by the city, whether under civil service regulations or not, including those individuals on a part-time basis, but not including any independent contractor. Immediate family means the spouse, children, brothers, sisters and parents of an officer or employee. Officer or official meads the mayor or any member of the city council and any appointive member of a city board, commission or committee established by ordinance, charter or state law. Section 3. Prohibition against involvement in actions affecting economic interests. (a) General rule. It shall be a violation of this policy for a city official or employee to participate in any proceedings or take any official action that he or she knows is likely to: (1) Affect an economic interest of (A) The official or employee; (B) IIis or her immediate family member; (C) A member of his or her household; (D) An outside employer of the official or employee or of his or her immediate family member; (E) A business entity in which the official or employee or his or her immediate family member holds an economic interest; (F) A business entity for which the city official or employee serves as an employee, officer or director, or otherwise functions in any policy making position; or (G) A person or business entity from whom the official or employee, or his or her immediate family member, has solicited, received and not rejected, or accepted an offer of employment within the past twelve months; or (2) Confer a benefit on the official or employee, or deprive the official or employee of a benefit, where the effect of the action on the official or employee is distinguishable from the effect of the action on other employees or officials, members of the public in general or a substantial segment of the public. (b) Meaning of "affect". (1) In subsection (a)(1) above, an action is likely to affect an official's or employee's economic interest if it meets all of the following: (A) The action is likely to have an effect on that interest, either positive or negative, that is distinguishable from its effect on other employees or officials, members of the public in general or a substantial segment of the public. (S) The effect of the action on that interest is direct, and not secondary or indirect. However, the action need not be the only producing cause of the effect in order for the effect to be direct. Q The effect on the interest must be more than insignificant or de minimis in nature or value. (2) In determining whether a person, entity or property is or was affected by an official's or employee's participation in proceedings, vote or decision, it will not be necessary to prove the actual existence or occurrence of an economic effect or consequence if the effect or consequence would be reasonably expected to exist or occur. (c) Recusal and disclosure. A city official or employee whose conduct would otherwise violate subsection (a), or a state conflict of interest law if he or she participated in proceedings or took an action, must abstain from participation in the action in accordance with the following: (1) Immediately refrain from further participation in the matter, including discussions with any persons likely to consider the matter, from the time he or she discovers or reasonably should have discovered the matter triggering the recusal; (2) Promptly file necessary documentation disclosing the nature and extent of the interest triggering the recusal with the city clerk, if the person is an official, or with the person's supervisor, if the person is an employee; (3) Promptly notify the person's supervisor of the nature and extent of the interest triggering the recusal, if the person is a city employee, so that the supervisor can reassign responsibility for handling the matter to another person; and (4) Promptly disclose the interest triggering the recusal, if the person is a member of the city council, a city board or commission, to other members of the city council, board or commission, and leave the room in which the city council, board or commission is meeting during the board or commission's discussion of, or voting on, the matter. (d) No prohibition established in this section shall be construed to prevent members of city council, or the appointees to any board or commission of the city, or a city employee, from voting on or participating in a matter relating to the adoption of laws, rules and/or policies that apply generally to all employees, officials and/or members of the public and the effect of which does not confer a benefit on the official or employee that is distinguishable from the effect on other employees, officials or members of the public or a substantial segment of the public. Section 4. Standards of conduct. (a) Standards for immediate family members. A city official or employee commits a violation of this policy if an immediate family member, with the official's or employee's knowledge, intentionally or knowingly: (1) Solicits, accepts or agrees to accept from another person any benefit that the member's relative, who is a city officer or employee, is prohibited from soliciting, accepting or agreeing to accept under state law; (2) Misuses any official information obtained from the member's relative, who is a city officer or employee, to which the relative has access by virtue of the relative's office or employment and that has not been made public, in a manner prohibited as to the relative under state law; or (3) Misuse, as defined in V.T.C.A., Penal Code §39.01, any city property, services, personnel or any other thing of value belonging to the city that has conic into the member's custody or possession by virtue of the office or employment of the member's relative who is a city officer or employee. (b) Representation and appearance at meetings. No city official or employee shall knowingly: (1) Appear before the body of which the officer or employee is a member, or otherwise participate in any proceedings, as a representative for any private person, including the officer or employee or any immediate family member, except that an official or employee may represent their interests in their own property before a board, agency, commission or department of the city. (2) Participate in any proceedings, directly or indirectly, wherein the official or employee represents the interests of any outside employer, business entity, group or interest in any matter, action or proceeding against the interests of the city or in any litigation in which the city or any department, agency, commission or board thereof is a party; (3) Accept other employment or engage in outside activities incompatible with the full and proper discharge of city duties or that might impair independent judgment in the performance of city duties; or (4) Make a false statement of material fact at a public meeting. This subsection shall not be construed to deprive an officer or employee of the right to due process under the law, including the right to represent himselfliersclf in a court proceeding. (c) Representation by council members. No city council member shall knowingly represent any private person, including the city council member or any immediate family member, or any outside employer, business entity, group or interest in any matter before any department, agency, commission or board of the city, except that city council members may represent their interests in their own property before a board, agency, commission or department of the city. (d) Representation in municipal court. In any action or proceeding in the municipal court which is instituted by a city officer or employee in the course of official duties: (1) No city council member shall knowingly represent any private person other than himself or herself. If a city council member elects to have a trial in municipal court, the city council, without the participation of the affected city council member, will appoint a special judge to preside over the trial. (2) No city officer or employee shall knowingly represent any private person other than himself or herself, including any immediate family member, or any group or interest. (e) Representation in land use and development matters. A member of the planning and zoning commission shall not knowingly represent the member or any other person, group or interest in any matter before the zoning board of adjustments involving land use or development, and a member of the zoning board of adjustments shall not knowingly represent the member or any other person, group or interest in any matter before the planning and zoning commission involving land use or development. This subsection does not apply to members representing their interests in their own property. (f) Prohibited use of city position. A city official or employee shall not use his or her position to unfairly advance or impede private interests, or to grant or secure, or attempt to grant or secure, for any person (including himself or herself) any form of special consideration, treatment, exemption, or advantage beyond that which is lawfully available to other persons. A city official or employee who represents to a person that the official or employee may provide an advantage or impediment to the person based on the official's or employee's office or position violates this rule. Section 5 . Contracts with city; eligibility for appointment or election to office. (a) No member of the city council and no city employee shall have a financial interest in the sale to the city of any land, materials, supplies or service, outside of the person's position with the city. Any person having an interest shall be ineligible for election as a city council member or appointment as a city employee, and any city council member or city employee who acquires an interest shall forfeit the office or employment. Any violation of this subsection with the actual or constructive knowledge of the city council member or employee shall render the contract voidable by the city manager or the city council. (b) In subsection (a) of this section and in subsection 2.425(c), the term "sale to the city" includes a sale to city -sponsored entities and organizations subject to substantial control by the city in one or more of the following respects: (1) All or a majority of the governing body of the entity or organization is appointed by the city council; (2) The city provides more than one-half of the operating funds of the entity or organization; (3) The city has approval authority over purchasing decisions made by the entity or organization; (4) The city has approval authority over bonds or other indebtedness issued by the entity or organization; or (5) The city has approval authority over the budget of the organization. (c) This section does not apply to acquisition of property by the city as a result of eminent domain proceedings or the threat of eminent domain proceedings. Section 6. Restrictions on former employees. (a) No former city employee shall, for a period of one year from the date of leaving city employment, knowingly: (1) Appear at a meeting of a board or commission staffed by members of the department of which the employee was a member, as a representative for any private person, including the employee or any immediate family member, or any group or interest. (2) Represent, directly or indirectly, any private person, including the former employee or any immediate family member, or any group or interest in any action or proceeding against the interests of the city or in any litigation in which the city or any department, agency, commission or hoard thereof is a party. (b) Notwithstanding the foregoing prohibitions, a former employee may represent their interests in their own property before a board, agency, commission or department of the city. Furthermore, this subsection shall not be construed to deprive a former employee of the right to due process under the law, including the right to represent himself in a court proceeding. (e) In any action or proceeding in the municipal court which is instituted by a city officer or employee in the course of official duties, no former city employee shall, for a period of one year from the date of leaving city employment, knowingly represent any private person other than himself or herself, including any immediate family member, or any group or interest. (d) For a period of one year from the date of leaving employment, a former city employee shall not have any financial interest in the sale to the city of any land, materials, supplies or service. Any violation of this subsection with the actual or constructive knowledge of the former city employee shall render the contract voidable by the city manager or the city council. This subsection shall not apply to a former city employee whose employment was terminated as part of a reduction in force. Section 7. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have been separately passed without any other provision, and if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone. Section $_ All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 4. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 10. This Ordinance shall be in effect immediately upon its passage and approval. PASSED AND APPROVED, this �ay of , 2013. CITY ORTE By: ui 9. lti y ayor A EST: Patrice Fogarty City Secretary APP O D: r Clark T. Ask3ns Assistant City Attorney REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 9, 2019 Requested By: Mayor Louis Rigby Department: City Council Report Ir' Resolution" Ordinance Exhibits: Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item:; Yes No SUMMARY This item is placed on the agenda to allow City Council the opportunity to discuss our approach to locations for warehouse/wholesaler/distribution operations in La Porte. RECOMMENDED MOTION I move to direct staff to place an administrative hold on any new or pending zoning change and/or SCUP application for warehouse/wholesale/distribution proposed for the City of La Porte. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date Council Agenda Item September 9, 2019 7 (a) Receive report of the La Porte Drainage and Flooding Committee Meeting — Councilperson Jay Martin Council Agenda Item September 9, 2019 8. ADMINISTRATIVE REPORTS • City Council Special Session, Thursday, September 19, 2019 • Planning and Zoning Commission Meeting, Thursday, September 19, 2019 • City Council Meeting, Monday, September 23, 2019 • Zoning Board of Adjustment Meeting, Thursday, September 26, 2019 • City Council Special Session, Monday, September 30, 2019 9. COUNCIL COMMENTS Hear announcements concerning matters appearing on the agenda; items of community interest; and/or inquiries of staff regarding specific factual information or existing policy from the Mayor, Councilmembers, and City staff, for which no formal action will be discussed or taken. 10. ADJOURNMENT ******************************************************************