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11-11-19 Regular Meeting of the La Porte City Council
LOUIS RIGBY BILL BENTLEY Mayor Councilperson District 3 BRANDON LUNSFORD Mayor Pro Tem Councilperson At Large A THOMAS GARZA STEVE GILLETT Councilperson District 4 Councilperson At Large B JAY MARTIN DANNY EARP Councilperson District 5 Councilperson District 1 NANCY OJEDA CHUCK ENGELKEN Councilperson District 6 Councilperson District 2 LA PORTE CITY COUNCILAGENDA MONDAY, NOVEMBER 11, 2019 REGULAR SESSION 6 P.M. CITY COUNCIL CHAMBER LA PORTE CITY HALL, 604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, 77571 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 (281-470-5021) two working days prior to the meeting for appropriate arrangements. MAIN SESSION \[6:00 P.M.\] CALL TO ORDER INVOCATION AND PLEDGES United States Flag and Texas Flag (Honor the Texas Flag. I pledge allegiance to thee, Texas, one state, under God, one, and indivisible.) - Invocation will be given by Pastor Gerald Boldt of Christ Redeemer Lutheran Church and pledges will be led by Councilperson Danny Earp. 1. PRESENTATIONS AND PROCLAMATIONS (a) Recognition of 2019 City University participants (b) Recognition of the 2019 Employee of the Third Quarter – Ashley Lovercheck, Buyer, Purchasing Division, Finance Department (c) Recognition of the retirement of Alex Osmond, General Manager, Bay Forest Golf Course 2. PUBLIC COMMENTS (Generally limited to five minutes per person; in accordance with state law, the time may be reduced if there is a high number of speakers or other considerations.) 3. 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 meeting held on October 28, 2019. \[Mayor Louis Rigby\] (b) Adopt Ordinance 2019-3763, updating Chapter 6. “Alcoholic Beverages”, Article II, Sections 6-36 and 6-38 of the City’s Code of Ordinances. \[Mayor Louis Rigby\] (c) Authorize the City Manager to enter into a contract with Cobb Fendley for design, bid, construction phase, and additional services for the 7th Street Paving and Drainage Improvements Project. \[Ray Mayo, Public Works Director\] (d) Authorize purchase of Neptune water meters and parts from Core & Main, LP, as the sole source provider. \[Michael Dolby, Finance Director\] (e) Accept the FY 2019 audit/asset forfeiture report and associated financial records as required by Chapter 59 of the Texas Code of Criminal Procedure. \[Chief Ron Parker, Police Department\] (f) Authorize the City Manager to enter into an agreement to provide stop loss coverage from SA Benefit Service/Vista UW for the 2020 plan year at the $165,000 specific deductible rate. \[Matt Hartleib, HR Manager\] (g) Adopt Ordinances 2020-IDA-74 through 2020-IDA-101, authorizing the execution of Industrial District Agreements with companies in the Battleground and Bayport Industrial Districts, for a twelve-year term beginning January 1, 2020. \[Corby Alexander, City Manager\] (h) Authorize the City Manager to execute a Pipeline Permit with HSC Pipeline Partnership, LLC for the construction of a 16” Ethylene pipeline within the City of La Porte. \[Corby Alexander, City Manager\] 4. PUBLIC HEARINGS AND ASSOCIATED ITEMS (a) The City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2019-3765 amending the Code of Ordinances of the City of La Porte, Chapter 106 “Zoning“ by granting Special Conditional Use Permit #19- 91000007, to allow for a single duplex home on a 0.12-acre tract of land, legally described as Lots 10 and 11, Block 30, Beach Park Subdivision in the Mixed Use (MU) zoning district; followed by discussion, and possible action to consider adopting Ordinance 2019-3765 amending the Code of Ordinances of the City of La Porte, Chapter 106 “Zoning“ by granting Special Conditional Use Permit #19-91000007 to allow for a single duplex home on a 0.12-acre tract of land, legally described as Lots 10 and 11, Block 30, Beach Park Subdivision in the Mixed Use (MU) zoning district. \[Ian Clowes, City Planner\] (b) The City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2019-3766 amending the City's Future Land Use Map Component of the Comprehensive Plan for an approximately 6.921-acre tract of land located at the 3400 Block of Canada Rd, and legally described as Reserve A, Block 1 Dawson Subdivision, by changing the land use designation from “Mid-High Density Residential” to “Commercial”; followed by discussion, and possible action regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2019-3766 amending the City's Future Land Use Map Component of the Comprehensive Plan for an approximately 6.921-acre tract of land located at the 3400 Block of Canada Rd, and legally described as Reserve A, Block 1 Dawson Subdivision, by changing the land use designation from “Mid-High Density Residential” to “Commercial”. \[Ian Clowes, City Planner\] (c) The City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2019-3767 amending the Code of Ordinances of the City of La Porte, Chapter 106 “Zoning“ by granting Zone Change #19-92000006, a change from Mid Density Residential (R-2) to General Commercial (GC) for a 6.921-acre tract of land located at the 3400 Block of Canada Rd. and legally described as Reserve A, Block 1, Dawson Subdivision; followed by discussion, and possible action to consider adopting Ordinance 2019-3767 amending the Code of Ordinances of the City of La Porte, Chapter 106 “Zoning“ by granting Zone Change #19- 92000006, a change from Mid Density Residential (R-2) to General Commercial (GC) for a 6.921- acre tract of land located at the 3400 Block of Canada Road and legally described as Reserve A, Block 1, Dawson Subdivision. \[Ian Clowes, City Planner\] 5. STATUTORY AGENDA (a) Presentation, discussion, and possible action to adopt a City sponsorship policy. \[Corby Alexander, City Manager\] (b) Presentation and discussion on adoption of Ordinance 2019-3758, to amend the Council Rules of Procedure and Ethics Policy. \[Mayor Louis Rigby\] (c) Presentation and discussion from the Warehouse Committee. \[Teresa Evans, Planning and Development Director\] 6. REPORTS (a) Receive a report on the Drainage and Flooding Committee meeting. \[Councilperson Martin\] (b) Receive a report on the La Porte Development Corporation Board meeting. \[Councilperson Engelken\] 7. ADMINISTRATIVE REPORTS • Fiscal Affairs Committee meeting, December 9 • City Council meeting, December 9 • Planning and Zoning Commission meeting, December 19 8. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, City employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies. 9. EXECUTIVE SESSION (a) City Council will meet in Executive Session pursuant to Texas Government Code, Chapter 551, Section 551.071(1)(A) pending or contemplated litigation, to meet with the Assistant City Attorney and City Manager to discuss settlement negotiations in connection with the case of Tradebe Environmental Service, LLC vs. the City of La Porte. \[Assistant City Attorney Clark T. Askins\] (b) City Council will meet in Executive Session pursuant to Texas Government Code, Chapter 551, Section 551.071(1)(A) pending or contemplated litigation, to meet with the Assistant City Attorney and City Manager to discuss settlement negotiations in connection with the case of Oakland Land Development, LLC vs. the City of La Porte. \[Assistant City Attorney Clark T. Askins\] 10. RECONVENE – Take action on items discussed in executive session, if needed. 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. CERTIFICATE I, Lee Woodward, City Secretary, do hereby certify that a copy of the November 11, 2019, City Council agenda was posted on the City Hall bulletin board, a place convenient and readily accessible to the general public at all times, and to the City's website, LaPorteTX.gov, in compliance with Chapter 551, Texas Government Code. DATE OF POSTING TIME OF POSTING TAKEN DOWN Lee Woodward Lee Woodward, City Secretary /źƷǤ ƓźǝĻƩƭźƷǤ tğƩƷźĭźƦğƓƷ wĻĭƚŭƓźƷźƚƓ In September 2019, the City welcomed its fifth City University class. Six citizens signed up for the class and met every Thursday for ten weeks so that they could residents running smoothly on a daily basis. This unique opportunity gave participants hands-on interaction with key City staff, tours of City facilities, a closer look at the services the City provides, and a chance to ask questions about operations. The class of 2019 provided the City with citizen input and has shown our employees that we have great leaders who can help influence the direction the City takes through their feedback and participation. We congratulate all of you for completing the course and look forward to working with you in the future. At this time I would like to recognize the following 2019 City University graduates: Deborah Arrona Olga Avila Lilia Novak Wyatt Smith Blanca Solis Employee of the Quarter rd 3 Quarter 2019 Ashley Lovercheck, Buyer Purchasing Division Ashley Lovercheck joined the La Porte team in September of 2013 as a member of the Public Works administration staff. She transferred to Finance in August 2015 as a Purchasing Technician and later transitioned into her current role of Buyer. Ashley has consistently received outstanding evaluations as a La Porte employee, averaging over a 4.10 rating on our 5-point scale. Ashley was nominated this quarter by her manager, Cherrell Daeumer, for her willingness and eagerness to assist others. Ashley took the initiative to develop a webex module to train our new users (and refresh others) on all of the Purchasing functions in ONESolution. This training modu screen on their computers as she navigated the step by step process on how to enter a purchase request, process and approve p-card payments, as well as other purchasing functions. This training method allowed employees to participate without leaving their offices. . Her ciling p-card payments in a timely manner is very valuable. Ashely has also been instrumental in the City receiving the Achievement of Excellence in Procurement award through the National Procurement Institute for the past five years. One criteria for this award Is the use of an electronic, interactive solicitation system. This is demonstrated by online vendor registration, posting, and downloading of solicitations electronically, and posting bid tabulations and award documentation on the Purchasing web page. All of these items are maintained by Ashley. She is a great asset to the Purchasing team and the City of La Porte team as a whole. She always goes above and beyond to help others. A recent example is her work as a member of the employee activity committee that planned and worked at the Fall Family Festival. For her technical expertise and her willingness to help customers and teammates, please join me in congratulating Ashley Lovercheck as our 2019 Employee of the Third Quarter. Recognition of Service Alex Osmond 5ĻķźĭğƷźƚƓ Ʒƚ tǒĬƌźĭ {ĻƩǝźĭĻ is the phrase that comes to mind when summing up the career of Alex Osmond. Alex began his 32-year career at the City of La Porte as the Head Golf Professional of Bay Forest Golf Course on November 30, 1987, which also happened to be his birthday. Alex had a vision for the course since its beginning in 1988, and has played an instrumental part in the growth and success of the course. During his first year of employment, he was able to get the pro shop and dining facility set up and running in a temporary building. Within a short time, he turned this temporary arrangement into a fully functional clubhouse. Alex has had the pleasure of meeting many notable celebrities throughout his tenure, but the moments that have brought him the most joy are those when he sees the youth of our community start out at Bay Forest and advance their careers in the sport that will always have a special place in his heart. very clever, yet practical and down to earth. He has always kept During his tenure for the City, he has been a mentor for many employees. Alex has always led by example, and can be stern when the situation calls for it, but most employees would agree that he is very giving and appreciative, and will acknowledge when a job is well done. Alex begins his next chapter in life now as he prepares to enjoy retirement. He and his lovely wife, Mary, plan to do some traveling, but will continue to make the community of La Porte their home. When out and about, you may find him at the local fishing spot or hitting a few rounds at Bay Forest. Alex, we bid you a fond farewell, and thank you for your years of dedicated service to the fine citizens of La Porte. LOUIS RIGBY BILL BENTLEY Mayor Councilperson District 3 BRANDON LUNSFORD Mayor Pro-Tem Councilperson At Large A THOMAS GARZA STEVE GILLETT Councilperson District 4 Councilperson At Large B JAY MARTIN DANNY EARP Councilperson District 5 Councilperson District 1 NANCY OJEDA CHUCK ENGELKEN Councilperson District 6 Councilperson District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE OCTOBER 28, 2019 The City Council of the City of La Porte met in a regular meeting on Monday, October 28, 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, Bill Bentley, Brandon Lunsford, Jay Martin Councilpersons absent: Nancy Ojeda, Chuck Engelken Council-appointed officers present: Corby Alexander, City Manager; Lee Woodward, City Secretary; Clark Askins, Assistant City Attorney 1. CALL TO ORDER Mayor Rigby called the meeting to order at 6:00 p.m. 2. INVOCATION The invocation was given by Rachel Cotton, Pleasant Hill Church of Deliverance. PLEDGES The pledges of allegiance to the U.S. and Texas flags were led by Mayor Louis Rigby. 3. PRESENTATIONS, PROCLAMATIONS, AND RECOGNITIONS (a) Proclamation in recognition of Municipal Court Week. \[Mayor Rigby\] (b) Proclamation in recognition of Archives Month. \[Mayor Rigby\] (c) Presentation and discussion of annual presentation from the Port Region Economic Alliance. \[Ryan Cramer, Economic Development Coordinator\] 4. PUBLIC COMMENTS (Limited to five minutes per person). There were no speakers. 5. 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 meeting held on October 14, 2019. \[Mayor Rigby\] (b) Approve payment to Oakland Land and Development of $38,659.28 as the fourth payment for the development of Sector 23, in accordance with the Local Government Code Chapter 380 Agreement dated March 27, 2017. \[Ryan Cramer, Economic Development Coordinator\] (c) Adopt Resolution 2019-18 authorizing the City of La Porte to enter into an agreement with the Texas Department of Transportation (TxDOT) allowing for the installation of a decorative lighting system along the sidewalk within the Broadway (Old SH 146) right-of-way. \[Lorenzo Wingate, City Engineer\] (d) Authorize the City Manager to execute a contract with the Port of Houston Authority to provide emergency medical services to the Port of Houston-Bayport Terminal for a fifteen-month term beginning November 1, 2019. \[Lisa Camp, EMS Chief\] (e) Approve renewal of Cisco Smartnet Support Agreement with Datavox - DIR contract number 176-025- 1479-000. \[Grady Parker, IT Manager\] (f) Authorize purchases of various vehicles and equipment items in accordance with the FY19-20 Vehicle Replacement Program schedule. \[Ray Mayo, Public Works Director\] (g) Authorize the City Manager to execute a professional services agreement with Huitt-Zollars Inc. to provide final design, bidding, and construction phase services for the Five Points Plaza Project in the amount of $79,000.00. \[Lorenzo Wingate, City Engineer\] Councilperson Martin asked to pull item b. Councilperson Garza asked to pull item g. Councilperson Bentley moved to approve the consent agenda items except b and g; the motion was adopted,7-0. Page 1 of 3 October 28, 2019, Council Meeting Minutes Councilperson Earp moved to approve payment to Oakland Land and Development of $38,659.28 as the fourth payment for the development of Sector 23, in accordance with the Local Government Code Chapter 380 Agreement dated March 27, 2017; the motion was adopted 6-1, Councilperson Martin voting against. Councilperson Earp moved to authorize the City Manager to execute a professional services agreement with Huitt-Zollars Inc. to provide final design, bidding, and construction phase services for the Five Points Plaza Project in the amount of $79,000.00; the motion was adopted 6-1, Councilperson Garza voting against. 6. 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 2019-3763 amending the City's Future Land Use Map Component of the Comprehensive Plan for an approximately 0.29-acre tract of land located at the northeast corner of N 1st St. and Tyler St., legally described as Lots 13-16, Block 85, Town of La Porte, - discussion and possible action to adopt Ordinance 2019-3763 amending the City's Future Land Use Map Component of the Comprehensive Plan for an approximately 0.29-acre tract of land located at the northeast corner of N 1st St. and Tyler St., legally described as Lots 13-16, Block 85, Town of La Porte, - City Planner\] Mayor Rigby opened the public hearing at 6:40 p.m. Ian Clowes gave a brief presentation on items 6(a) and 6(b). No comments were offered. Mayor Rigby closed the public hearing at 6:43 p.m. Councilperson Earp moved to adopt Ordinance 2019-3763 amending the City's Future Land Use Map Component of the Comprehensive Plan for an approximately 0.29-acre tract of land located at the northeast corner of N 1st St. and Tyler St., legally described as Lots 13-16, Block 85, Town of La Porte; the motion was adopted, 7-0. (b) The City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2019-3764 amending the Code of Ordinances of -92000005, a change from General Commercial (GC) to Low-Density Residential (R-1) for a 0.29-acre tract of land located at the northeast corner of N 1st St. and Tyler St., legally described as Lots 13-16, Block 85, Town of La Porte; followed by discussion and possible action to consider adopting Ordinance 2019-3764 amending the - 92000005, a change from General Commercial (GC) to Low-Density Residential (R-1) for a 0.29-acre tract of land located at the northeast corner of N 1st St. and Tyler St., legally described as Lots 13-16, Block 85, Town of La Porte. \[Ian Clowes, City Planner\] Mayor Rigby opened the public hearing at 6:45 p.m. No comments were offered. The Mayor closed the public hearing at 6:45 p.m. Councilperson Bentley moved to adopt Ordinance 2019-3764 amending the Code of -92000005, for a 0.29- acre tract of land located at the northeast corner of N 1st Street and Tyler Street, legally described as Lots 13- 16, Block 85, Town of La Porte; the motion was adopted, 7-0, 7. STATUTORY AGENDA (a) Presentation, discussion, and possible action to adopt ordinances authorizing the execution of Industrial District Agreements with companies in the Battleground and Bayport Industrial Districts, for a twelve-year term beginning January 1, 2020. \[Corby Alexander, City Manager\] (Councilperson Earp has previously signed a Conflict of Interest affidavit and did not participate in the discussion or vote.) Councilperson Bentley moved to adopt ordinances authorizing the execution of Industrial District Agreements 2020-01 through 2020-73 with companies in the Battleground and Bayport Industrial Districts, for a twelve-year term beginning January 1, 2020; the motion was adopted, 5-1, Councilperson Garza voting against. (b) Presentation and discussion on Ordinance 2019-3758, to amend the Council Rules of Procedure and Ethics Policy. \[Louis R. Rigby, Mayor\] Without objection, the item was postponed until the next meeting for further consideration. Page 2 of 3 October 28, 2019, Council Meeting Minutes (c) Presentation, discussion, and possible action to adopt a new City sponsorship policy. \[Corby Alexander, City Manager\] Councilperson Garza moved to postpone the item to the November 11 meeting; the motion was adopted, 6-1, Councilperson Martin voting against. 8. REPORTS (a) Receive a report of the La Porte Development Corporation Board Meeting. \[Councilperson Nancy Ojeda\] There not being a quorum present, the meeting was not held. 9. ADMINISTRATIVE REPORTS Drainage and Flooding Committee Meeting, Monday, November 11, 2019 City Council Meeting, Monday, November 11, 2019 Planning and Zoning Commission Meeting, Thursday, November 21, 2019 Fiscal Affairs Committee Meeting, Monday, December 9, 2019 City Council Meeting, Monday, December 9, 2019 Planning and Zoning Commission Meeting, Thursday, December 19, 2019 City Manager Corby Alexander said he had no reports. 10. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies. Councilpersons acknowledged the importance and originality of the IDA agreements; congratulated proclamation recipients and lauded their work; thanked Chad Burke of the Economic Alliance for his report and the City Manager to all City ordinances; discussed the success of the Employee Fall Festival; and Salute to Industry. ADJOURN Without objection, Mayor Rigby adjourned the meeting at 7:16 p.m. _______________________________ Lee Woodward, City Secretary Page 3 of 3 October 28, 2019, Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: November 11, 2019 Requested By: Louis Rigby, Mayor Source of Funds: N/A Department: City Council Account Number: N/A Amount Budgeted: N/A Report Resolution Ordinance Amount Requested: N/A Exhibits: Proposed Ord. 2019-3763 Budgeted Item: Yes No SUMMARY and fees prior to 2019, which has now been completed. Proposed by the updated Ordinance 2019-3763 are the following: 1. Review of language of Section 6-36 to include statutory language as to which taxes or other revenue, on which property or real property, and from whom, may be considered in the issuance of a permit or license. expansive in whose taxes must be in order and inclusive of other entities outside the 2. The terms permit and license both appear whenever one or both did previously. The Texas Alcoholic Beverage Code does not define these terms but uses them together often. The Code includes some permits as such and others as licenses, and of course says that licensees hold licenses and permittees hold permits, etc. The more inclusive should eliminate any distinctions that would cause conflict with the statutory language. 3. Where not explicitly required in statute, the references to the city secretary in the ordinance has been revised to city. State law only requires that the City Secretary certify the license/permit application. Sec. 6-36. - Required. It shall be unlawful for any person to manufacture, brew, distill, sell, or distribute any alcoholic beverage within the city, or to engage in any other activity for which a license or permit is required by the state Texas Alcoholic Beverage Code Control Act, without first paying the fee levied in section 6-37 to the city. No license or permit shall be issued or renewed by the city secretary unless all City of La Porte and La Porte Independent School District ad valorem taxes, hotel occupancy taxes, and local sales and use taxes due on the permitted or licensed premises or due from a business operated on the permitted or licensed premises have been paid by the applicant or licensee/permittee applicant and by the owner of the real property covered by the application, and the applicant and the property owner are current on their real and personal property taxes located or to be operated within the city. Sec. 6-38. - Issuance; term. Upon the payment of the applicable fee required under this article to the city secretary and exhibition of a permit or license duly issued by the state to the applicant or person paying such fee, the city secretary shall, in the name of the city, issue and deliver to such applicant a license or permit to engage in business in the city of the character described in and authorized by the permit or license from the state held by such applicant, and the license or permit so issued in the name of the city shall authorize the conduct of such business upon the premises described in the permit or license from the state and shall remain in force only so long as such permit or license from the state remains in force. Below are the relevant sections from the Texas Alcoholic Beverage Code regarding the sections will be updating across the next couple of years): Sec. 11.38. LOCAL FEE AUTHORIZED. Text of subsection effective until September 01, 2021 (a) The governing body of a city or town may levy and collect a fee not to exceed one-half the state fee for each permit issued for premises located within the city or town. The commissioners court of a county may levy and collect a fee equal to one-half of the state fee for each permit issued for premises located within the county. Those authorities may not levy or collect any other fee or tax from the permittee except general ad valorem taxes, the hotel occupancy tax levied under Chapter 351, Tax Code, and the local sales and use tax levied under Chapter 321, Tax Code. Text of subsection effective on September 01, 2021 (a) The governing body of a city or town may levy and collect a fee for each permit issued for premises located within the city or town. The commissioners court of a county may levy and collect a fee for each permit issued for premises located within the county. The fees authorized by this subsection may not exceed one-half the statutory fee provided in this code as of August 31, 2021, for the permit issued. Those authorities may not levy or collect any other fee or tax from the permittee except general ad valorem taxes, the hotel occupancy tax levied under Chapter 351, Tax Code, and the local sales and use tax levied under Chapter 321, Tax Code. (b) The commission or administrator may cancel or suspend a permit if it finds that the permittee has not paid a fee levied under this section within 180 days after the date the fee was levied. A permittee who sells an alcoholic beverage without first having paid a fee levied under this section commits a misdemeanor punishable by a fine of not less than $10 nor more than $200. (b-1) A city, town, or county may enter into a contract with a private attorney or a public or private vendor for the collection of an unpaid permit fee levied under this section that is more than 60 days past due. A private attorney or a public or private vendor collecting a fee under this subsection may assess a collection charge to a permit holder for late payment or nonpayment of a fee levied under this section. (b-2) A city, town, or county may enter into an interlocal agreement with another entity authorized to levy a fee under this section for the collection of a permit fee that is more than 60 days past due on behalf of the other entity and shall remit the appropriate fees collected to the other entity. The amount collected through an interlocal agreement under this subsection may not exceed the amount of the fee levied by the city, town, or county under this section and any collection charge assessed by a private attorney or a public or private vendor under Subsection (b-1). (c) Nothing in this code shall be construed as a grant to any political subdivision of the authority to regulate permittees except by collecting the fees authorized in this section and exercising those powers granted to political subdivisions by other provisions of this code. Text of subsection effective until September 01, 2021 (d) The following are exempt from the fee authorized in this section: (1) agent's, airline beverage, passenger train beverage, passenger bus beverage, industrial, carrier's, private carrier's, private club registration, local cartage, storage, and temporary wine and beer retailer's permits; (2) a wine and beer retailer's permit issued for a dining, buffet, or club car; and (3) a mixed beverage permit during the three-year period following the issuance of the permit. Text of subsection effective on September 01, 2021 (d) The following are exempt from the fee authorized in this section: (1) passenger transportation, carrier, private club registration, and local cartage permits; and (2) a mixed beverage permit during the three-year period following the issuance of the permit. Text of subsection effective until December 31, 2020 (e) The commission or administrator may cancel or deny a permit for the retail sale or service of alcoholic beverages, including a permit held by the holder of a food and beverage certificate, if it finds that the permit holder or applicant has not paid delinquent ad valorem taxes due on that permitted premises or due from a business operated on that premises to any taxing authority in the county of the premises. For purposes of this subsection, a permit holder or applicant is presumed delinquent in the payment of taxes due if the permit holder or applicant: (1) is placed on a delinquent tax roll prepared under Section 33.03, Tax Code; (2) has received a notice of delinquency under Section 33.04, Tax Code; and (3) has not made a payment required under Section 42.08, Tax Code. Text of subsection effective on December 31, 2020 (e) The commission or administrator may cancel or the commission may deny a permit for the retail sale or service of alcoholic beverages, including a permit held by the holder of a food and beverage certificate, if it finds that the permit holder or applicant has not paid delinquent ad valorem taxes due on that permitted premises or due from a business operated on that premises to any taxing authority in the county of the premises. For purposes of this subsection, a permit holder or applicant is presumed delinquent in the payment of taxes due if the permit holder or applicant: (1) is placed on a delinquent tax roll prepared under Section 33.03, Tax Code; (2) has received a notice of delinquency under Section 33.04, Tax Code; and (3) has not made a payment required under Section 42.08, Tax Code. (f) In this section, "applicant" has the meaning assigned by Section 11.45. Acts 1977, 65th Leg., p. 406, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 2117, ch. 819, Sec. 3, eff. June 13, 1979; Acts 1985, 69th Leg., ch. 540, Sec. 3, eff. June 12, 1985; Acts 1989, 71st Leg., ch. 2, Sec. 14.27(a)(1), 14.29(1), eff. Aug. 28, 1989; Acts 2001, 77th Leg., ch. 289, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2017, 85th Leg., R.S., Ch. 283 (H.B. 3101), Sec. 1, eff. May 29, 2017. Acts 2019, 86th Leg., R.S., Ch. 909 (H.B. 3754), Sec. 1, eff. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 29, eff. September 1, 2021. Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 30, eff. December 31, 2020. Sec. 61.36. LOCAL FEE AUTHORIZED. Text of subsection effective until September 01, 2021 (a) The governing body of an incorporated city or town may levy and collect a fee not to exceed one-half of the state fee for each license, except a temporary or agent's beer license, issued for premises located within the city or town. The commissioners court of a county may levy and collect a fee equal to one-half the state fee for each license, except a temporary or agent's beer license, issued for premises located within the county. Those authorities may not levy or collect any other fee or tax from the licensee except general ad valorem taxes, the hotel occupancy tax levied under Chapter 351, Tax Code, and the local sales and use tax levied under Chapter 321, Tax Code. Text of subsection effective on September 01, 2021 (a) The governing body of an incorporated city or town may levy and collect a fee for each license issued for premises located within the city or town. The commissioners court of a county may levy and collect a fee for each license issued for premises located within the county. The fees authorized by this subsection may not exceed one-half the statutory fee provided in this code as of August 31, 2021, for the license issued. Those authorities may not levy or collect any other fee or tax from the licensee except general ad valorem taxes, the hotel occupancy tax levied under Chapter 351, Tax Code, and the local sales and use tax levied under Chapter 321, Tax Code. (b) The commission or administrator may cancel or suspend a license if it finds the licensee has not paid a fee levied under this section within 180 days after the date the fee was levied. A licensee who sells an alcoholic beverage without first having paid a fee levied under this section commits a misdemeanor punishable by a fine of not less than $10 nor more than $200. (b-1) A city, town, or county may enter into a contract with a private attorney or a public or private vendor for the collection of an unpaid license fee levied under this section that is more than 60 days past due. A private attorney or a public or private vendor collecting a fee under this subsection may assess a collection charge to a license holder for late payment or nonpayment of a fee levied under this section. (b-2) A city, town, or county may enter into an interlocal agreement with another entity authorized to levy a fee under this section for the collection of a license fee that is more than 60 days past due on behalf of the other entity and shall remit the appropriate fees collected to the other entity. The amount collected through an interlocal agreement under this subsection may not exceed the amount of the fee levied by the city, town, or county under this section and any collection charge assessed by a private attorney or a public or private vendor under Subsection (b-1). (c) Nothing in this code shall be construed as a grant to any political subdivision of the authority to regulate licensees except by collecting the fees authorized in this section and exercising those powers granted to political subdivisions by other provisions of this code. Text of subsection effective until December 31, 2020 (d) The commission or administrator may cancel or deny a license for the retail sale of alcoholic beverages, including a license held by the holder of a food and beverage certificate, if it finds that the license holder or applicant has not paid delinquent ad valorem taxes due on that licensed premises or due from a business operated on that premises to any taxing authority in the county of the premises. For purposes of this subsection, a license holder or applicant is presumed delinquent in the payment of taxes due if the license holder or applicant: (1) is placed on a delinquent tax roll prepared under Section 33.03, Tax Code; (2) has received a notice of delinquency under Section 33.04, Tax Code; and (3) has not made a payment required under Section 42.08, Tax Code. Text of subsection effective on December 31, 2020 (d) The commission or administrator may cancel or the commission may deny an application for a license for the retail sale of alcoholic beverages, including a license held by the holder of a food and beverage certificate, if it finds that the license holder or applicant has not paid delinquent ad valorem taxes due on that licensed premises or due from a business operated on that premises to any taxing authority in the county of the premises. For purposes of this subsection, a license holder or applicant is presumed delinquent in the payment of taxes due if the license holder or applicant: (1) is placed on a delinquent tax roll prepared under Section 33.03, Tax Code; (2) has received a notice of delinquency under Section 33.04, Tax Code; and (3) has not made a payment required under Section 42.08, Tax Code. (e) In this section, "applicant" has the meaning assigned by Section 11.45. Acts 1977, 65th Leg., p. 464, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 14.27(a)(3), 14.29(2), eff. Aug. 28, 1989; Acts 1995, 74th Leg., ch. 377, Sec. 1, eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 289, Sec. 2, eff. Sept. 1, 2001. Amended by: Acts 2019, 86th Leg., R.S., Ch. 909 (H.B. 3754), Sec. 2, eff. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 175, eff. September 1, 2021. Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 176, eff. December 31, 2020. RECOMMENDED MOTION I move to adopt Ordinance 2019-3763, updating Chapter 6. Alcoholic Beverages, Article II, Sections 6-36 and 6- ORDINANCE NO. 2019-3763 AN ORDINANCE AMENDING -AND SECTION 6-38 OF THE CODE OF ORDINANCES IN CONNECTION WITH ISSUANCE OR RENEWAL OF AN ALCOHOLIC BEVERAGES LICENSE OR PERMIT BY THE CITY OF LA PORTE, TEXAS; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF WHEREAS, the City of La Porte issues liquor and alcohol permits and licenses in accordance with the Texas Alcoholic Beverage Code, and the City previously adopted and/or amended Sections 6-36 and 6-38 in the Code of Ordinance adoption of 1970 and by adoption of Ordinance 97-2201 on November 10, 1997; and WHEREAS, Sections 11.38 and 61.36 of the Texas Alcoholic Beverage Code set guidelines for the collection of fees and taxes in association with the issuance of a city license or permit, and it is necessary to amend the Code of Ordinances to conform to the requirements of this law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. That Chapter 6 License or PermitSection 6-36 . of the La Porte, Texas, Code of Ordinances is hereby amended to read as follows: 6-36. Required. It shall be unlawful for any person to manufacture, brew, distill, sell, or distribute any alcoholic beverage within the city, or to engage in any other activity for which a license or permit is required by the Texas Alcoholic Beverage Code, without first paying the fee levied in section 6-37 to the city. No license or permit shall be issued or renewed by the city unless all City of La Porte ad valorem taxes, hotel occupancy taxes, and local sales and use taxes due on the permitted or licensed premises or due from a business operated on the permitted or licensed premises have been paid by the applicant or licensee/permittee. Section 2. ad as follows: Sec. 6-38. - Issuance; term. Upon the payment of the applicable fee required under this article to the city and exhibition of a permit or license duly issued by the state to the applicant or person paying such fee, the city shall issue to such applicant a license or permit to engage in business in the city of the character described in and authorized by the permit or license from the state held by such applicant, and the license or permit so issued in the name of the city shall authorize the conduct of such business upon the premises described in the permit or license from the state and shall remain in force only 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. All ordinances or parts of ordinances in conflict herewith are hereby repealed 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, 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 6. This ordinance shall be effective immediately after its passage and approval. 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 2 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: November 11, 2019 Requested By: Ray Mayo, Director Source of Funds: 033 Department: Public Works Account Number: 03370715314431 Report Resolution Ordinance Amount Budgeted: $2,345,000 Amount Requested: $ 366,023 Exhibits: Engineerroposal with Opinion of Probable Construction Cost Budgeted Item: Yes No SUMMARY At the June 10, 2019, City Council meeting, an approval was given to authorize the City Manager to enter into a contract with Cobb Fendley for the survey phase and th preliminary engineering report phase of the 7 Street Paving and Drainage ImprovementsProject. The remaining portion of the professional services contract includes final design, bid phase, and construction phase services. Additional services are also proposed. Partial th funding for the South 7 Street Improvements were included the FY2019-20 CIP budget to proceed with design. It is anticipated that construction will not commence until FY2020-21. The engineers estimate of probable cost to construct is $4,584,260.13; Remaining Basic Services including design, bid, and construction services total $338,240. Remaining additional services including geotechnical, environmental, TDLR sidewalk review, and reimbursable expenses totaling $27,783. Staff recommends approval of the remaining portions of the professional services contract. RECOMMENDED MOTION I move to authorize the City Manager to enter into a contract with Cobb Fendley th for the remaining portions of the engineering contract for the 7 Street Paving and Drainage Improvements Project, including design, bid, construction phase, and additional services, for a total authorization of $366,023. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: November 11, 2019 Requested By: Michael Dolby, Finance Dir. Source of Funds: 002-003 Department: Finance Account Number: Multiple Amount Budgeted: $551,700 Report Resolution Ordinance Amount Requested: $551,700 Exhibits: Sole source letter Budgeted Item: Yes No SUMMARY water meters and parts. Components of other manufacturers are not compatible with the Neptune system. Core and Main, LP is the only distributor in the Houston and Southeast Texas area for the Neptune meters and parts, making them the sole source supplier for this area. to insure the accuracy of the AMR system through the replacement of residential and commercial meters, meter interface units, registers and antennas.Due to the electronic components of the meter, the interface units, registers and antennas are not repaired but replaced with new parts as needed. Neptune meters are reliable and each cycle we are able to read 97% electronically. Last fiscal year 1,334 meters were replaced due to mechanical issues or end of life. The life cycle of a meter is about ten years. In the last three years approximately $1,213,811 has been spent on meters, electronic components and meter boxes. These parts will be purchased as needed throughout FY2019- 2020. Budgeted amount includes residential and commercial meter replacement programs, new services and meter repairs. RECOMMENDED MOTION I move to approve the purchase of Neptune meters and parts from Core and Main, LP. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date October 14, 2019 Neptune Sole Source Letter Ms. Ashley Lovercheck City of LaPorte 604 W. Fairmont Pkwy. LaPorte, TX 77571 RE: Sole Source Neptune Letter Ms. Lovercheck, Neptune Technology Group, Inc has always valued the City of LaPorte, Texas as a loyal customer. I want to clarify, Core & Main, formerly HD Supply Waterworks, is the sole, exclusive authorized Neptune Technology Group distributor for the State of Texas. As the sole source provider of all Neptune products, the City of LaPorte can continue to depend on Core and Main for all of your metering needs. Please direct all Neptune product communication to Core & Main for local sales and support. Regards, Hunter Brown S Texas Territory Manager Email: hbrown@neptunetg.com Cell: 334-415-2032 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: November 11, 2019 Source of Funds: N/A Requested By: Ron Parker, Police Chief Department: Police Account Number: N/A Amount Budgeted: N/A Report Resolution Ordinance Amount Requested: N/A Exhibits: FY 2019 Chapter 59 Asset Forfeiture Report Budgeted Item: Yes No by Law enforcement Agency and Related Financial Records Back Up SUMMARY Per Chapter 59 of the Texas Code enforcement agencies and attorneys representing the state who receive proceeds or property under this chapter shall account for the seizure, forfeiture, receipt, and specific expenditure of all such proceeds in an audit, which is to be performed annually by the In accordance with this requirement, a completed FY 2019 Chapter 59 Asset Forfeiture Audit Report by Law Enforcement Agency is attached, along with a summary of the fund balance, revenues and expenditures provided by the Finance Department, a financial print out for all revenues and expenditures reported under the state seizure project number (SZST) and copies of all expenditure receipts, for City Council review. RECOMMENDED MOTION I move the City Council accept the FY 2019 audit/asset forfeiture report and associated financial records as required by Chapter 59 of the Texas Code of Criminal Procedure. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:November 11, 2019 Requested By: Matt Hartleib Source of Funds:Insurance Fund Department: HR Account Number: 014-6144-515 Amount Budgeted:550,000 ReportResolution Ordinance Amount Requested:546,860 Exhibits: Stop loss presentation Budgeted Item:Yes No Updated analysis sheet SUMMARY On October 3, 2019, RFP #20500 was released for Stop Loss/Reinsurance coverage for the 2020 plan year of the City of La Porte Health Fund. Due to the sensitive nature of the supporting information, this RFP utilized a targeted release of likely bidders in the insurance field. The RFP rdth was advertised the Bay Area Observer on October 3and October 10. The RFP generated a response of one bid which was opened on October 21, 2019. This bid is from the current provider of this line of coverage, SA Benefit Service/Vista UW, and contains options at specific deductible rates of $165,000, $175,000, and $200,000.Negotiations continued with the vendor and bids were firmed up as additional claims data was reviewed. On October 24, 2019, the Chapter 172 Employee, Retiree Insurance and Benefits Board met to review and discuss options for Stop Loss coverage. The 172 Committee recommended that the City continue with the practice of purchasing Stop Loss coverage as a way to mitigate the risk of high claims to the medical fund. The current plan year has seen a higher than typical occurrence of high cost claims. For the first time in several years, the reimbursements received through this line of coverage exceed the total cost. After reviewing and discussing the analysis performed by the City’sbenefits consultant,HUB, the Chapter 172 Employee, Retiree Insurance and Benefits Board voted to recommend selection of Vista Underwriters as the provider of stop loss coverage for the 2020 plan year at the $165,000 specific deductible rate. This recommendation carries a projected cost of $546,860. RECOMMENDED MOTION I move toauthorize the City Manager to enter into an agreement with Vista UW to provide stop loss coverage for the 2020 plan year at the $165,000 specific deductible rate. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date Senior Vice President Employee Benefits Specialist Account Executive © 2018 HUB International Limited.© 2018 HUB International Limited. October 31, 2019 Brent Weegar, MBA Julian Fontana Mike Weaver City of La Porte2020 Stop Loss Review 11 May 2019 2020 Benefit Recommendations Overview Vendor Response List TPA Services, Provider Network Discount and PBM Pricing & Rebate Analysis Dental Plan Fully Insured Pricing AnalysisPY 2019 Monthly Plan Report 2019 © 2018 HUB International Limited.© 2018 HUB International Limited. Table of Contents 22 6 12345 Advocacy. Tailored Insurance Solutions. Peace of Mind© 2018 HUB International Limited.© 2018 HUB International Limited.. Overview 33 1 behalf January HUB International on needs; and is supported by management of an RFP conducted by results assess vendors to administer the following benefits effective with the City of Council; La Porte to Aligns and Demonstrated superior member service and claims processing;Ability to proactively meet the City Willingness, experience and capability to effectively administer the programs;Support during the implementation process; Options to manage costs. Specific and Aggregate Stop Loss Reinsurance for Medical and Prescription claims © 2018 HUB International Limited. 4 This presentation summarizes the of the City of 1, 2020:The RFP was conducted with the following objectives in mind: Overview Increasing loss ratio. savings. 82% $150,000, increasing the - resulting in a $411,394 specific claimants the exceed the $165,000 deductible. 4 versus premium $335,518 Medical Plan Specific Stop Loss Summary 2019 the Medical Plan had 2 specific claimants the exceed the $165,000 deductible. the Medical Plan had 3 specific claimants the exceed the $165,000 deductible. -, the Medical Plan had typical deductible for a group of 400 EE is $100,000 © 2018 HUB International Limited. 5 20162016 Claims were 170,120 versus premium $387,578 resulting in a 44% loss ratio. 2017 Claims were 256,409 versus premium $367,030 resulting in a 70% loss ratio. 2018Claims were For 2019 plan year to date the Medical Plan has 6 claimants in excess of the $165,000 deductible. Paid stop loss claims are $956,939 versus premium paid of $353,900.The over $200,00 begins to get out of range with actuarial recommendations. Overview Advocacy. Tailored Insurance Solutions. Peace of Mind© 2018 HUB International Limited.© 2018 HUB International Limited. Vendor Response List 66 2 NoNo Yes FINALIST / DECLINED DeclinedDeclined Responded RESPONDED Aetna Stealth Partners Stop Loss Reinsurance SABS/Vista UW (Incumbent) © 2018 HUB International Limited. 7 RFP Vendor Response List Advocacy. Tailored Insurance Solutions. Peace of Mind© 2018 HUB International Limited.© 2018 HUB International Limited.. 88 3 Plan History and Stop Loss Overview © 2018 HUB International Limited. 9 Monthly Plan Reporting 2019 © 2018 HUB International Limited. 10 2019 Large Claimants >$82,500 © 2018 HUB International Limited. See next page 11 Stop Loss Options 2020 © 2018 HUB International Limited. 12 Advocacy. Tailored Insurance Solutions. Peace of Mind© 2018 HUB International Limited.© 2018 HUB International Limited.. Recommendation 1313 4 © 2018 HUB International Limited. 14 The recommendation from HUB is to renew at the $165,000 Specific deductible limit for 2020. 2020 Stop Loss Recommendation Thank you © 2018 HUB International Limited.© 2018 HUB International Limited. 1515 $8.48 7.05% $89.35$3,367-1.19% -$5,622 $30.62 $35,472$40,399 12.91% $12,156 $425,663$466,062$540,000 $502,126$145,874 $2,001.79 $9,536,528$7,629,222$8,781,158$1,003,775 $794,710.63$10,688,463 SABS AetnaAetna $200,000 Vista UW Unlimited $2,000,000 24/12 (M/Rx) PROPOSED 2020RxBenefits / CVS 1) 350k 2) 265k 3) 375k 4) 350k $7.61 5.66% $3,021 10.48% $30.62 $101.78$40,407$36,254$49,450 13.63% $12,156 $484,880$521,134$640,000 $403,606$145,874 $1,975.94 $9,413,378$7,530,703$8,837,710$1,060,328 $784,448.18$10,720,386 SABS AetnaAetna $175,000 Vista UW Unlimited $2,000,000 24/12 (M/Rx) PROPOSED 2020RxBenefits / CVS 1) 350k 2) 265k 3) 375k 4) 350k $7.25 4.94% $2,878 15.94% $30.62 $107.54$42,693$34,539$75,176 13.81% $12,156 $512,321$546,860$680,000 $351,850$145,874 $1,962.36 $9,348,683$7,478,946$8,851,680$1,074,297 $779,056.92$10,721,416 SABS AetnaAetna $165,000 Vista UW Unlimited $2,000,000 24/12 (M/Rx) PROPOSED 2020RxBenefits / CVS 1) 350k 2) 265k 3) 375k 4) 350k $0 CITY OF LA PORTE $6.94 5.39%5.91% $92.07$2,755 15.88% $37.49 $36,552$33,062$64,647 $14,884 $438,621$471,684 $364,465$178,602$434,305 $1,870.04 $8,908,871$7,127,096$7,777,382$9,559,157 STOP LOSS RENEWAL ANALYSIS $742,405.88 SABS AetnaAetnaAetna $165,000 Vista UW Unlimited $2,000,000 24/12 (M/Rx) CURRENT 2019 Composite PEPM 163234397 PLAN YEARTPA:STOP LOSS CARRIER:MGU:PBM:PPO:SPECIFIC STOP LOSS DEDUCTIBLE:SPECIFIC STOP LOSS LIFETIME MAXIMUM:SPECIFIC CONTRACT :SPECIFIC PREMIUM: MONTHLY TOTALANNUAL TOTALAGGREGATE STOP LOSS ANNUAL MAXIMUM:AGGREGATE PREMIUM: Composite PEPMMONTHLY TOTALANNUAL TOTALANNUAL TOTAL - STOP LOSS PREMIUM(A) ADDITIONAL LASER LIABILITYPROPOSED ENROLLMENT:SINGLEFAMILYTOTAL AGGREGATE STOP LOSS FACTOR: COMPOSITE FACTOR - SINGLE/FAMILYMONTHLY AGGREGATE ACCUMULATIONANNUAL AGGREGATE ACCUMULATIONEXPECTED CLAIMS CARRIERPLAN ADMINISTRATIVE COST:AETNA CLAIMS ADMINSTRATION PEPMMONTHLY TOTALANNUAL TOTALCLAIMS/STOPLOSS/ADMIN AT EXPECTED CLAIMSCLAIMS/STOPLOSS/ADMIN AT MAX CLAIMSADDITIONAL LASER LIABILITY: REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:November11, 2019 Source of Funds:N/A Requested By: Corby Alexander Department: Finance Account Number: N/A Amount Budgeted:N/A ReportResolution Ordinance Amount Requested: N/A Exhibits: Draft ordinance Budgeted Item:Yes No 2019 Industrial District Agreement form SUMMARY The City and Industry have agreed to renew the provisions of the Industrial District Agreement for a twelve year period. The current agreements will expire on December 31, 2019, the common date for the Battleground and Bayport Industrial Districts. The City mailed 171 Industrial District Agreements on September 20, 2019. Council approved 73 agreements at the October 28 meeting. Staff recommends City Council authorize the execution of Industrial District Agreements with the following industries: OrdinanceNumberIndustrial Company 2020-IDA-74 Battleground Oil Specialty Terminal Co. 2020-IDA-75 SJI Group 2020-IDA-76 DTMT Two LLC 2020-IDA-77 North Bayport Industrial Park II, Ltd 2020-IDA-78 The Tuffli Family Foundation 2020-IDA-79 Tuffli Family Foundation 2020-IDA-80 DTMT One LLC 2020-IDA-81 Tellco One LLC 2020-IDA-82 Trecora Chemicals Inc 2020-IDA-83 Turbo Storage Services Co 2020-IDA-84 Kaver Limited Partnership 2020-IDA-85 Ex Tex La Porte, LP 2020-IDA-86North Bayport Pasadena IP, LP 2020-IDA-87 Airgas USA LLC 2020-IDA-88 Centerpoint Energy Hou Elec 2020-IDA-89 GSL Welcome Sub 36 LLC 2020-IDA-90 GSL Welcome Sub 36 LLC 2020-IDA-91 Welcome Industrial Sub Seven, LLC 2020-IDA-92 Welcome Industrial Sub Seven, LLC 2020-IDA-93 Welcome Industrial Sub Seven, LLC 2020-IDA-94 GSL Welcome Sub 54 LLC 2020-IDA-95 Air Liquide Large Ind US, LP 2020-IDA-96 Airgas USA, LLC/Air Liquide America Specialty Gases, LLC 2020-IDA-97Bayport Associates I, LLC 2020-IDA-98 GSL Welcome Sub 54 LLC 2020-IDA-99 Tredco GP, LLC 2020-IDA-100 Battleground Water Co. 2020-IDA-101 Kuraray RECOMMENDED MOTION I move to adoptOrdinances 2020-IDA-74through 2020-IDA-101 authorizing the execution by the City of La Porte of Industrial District Agreements as presented. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date ORDINANCE NO. 2020-IDA-01 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE, TEXAS OF AN INDUSTRIAL DISTRICT AGREEMENT WITH ______________________________________, INC, A _______________________ CORPORATION, FOR THE TERM COMMENCING JANUARY 1, 2020, AND ENDING DECEMBER 31, 2031; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;AND PROVIDING AN EFFECTIVE DATE HEREOF BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1.________________________, Inc, a ___________Corporationhasexecuted an industrial district agreement with the City of La Porte, Texas, for the term commencing January 1, 2020, and ending December 31, 2031, a copy of which is attached hereto,incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte,Texas,be and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, Texas, the industrial district agreement with the corporation named in Section 1 hereof. 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 precedingthis 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 timesduring which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This ordinance shall be effective from and after itspassage and approval, and it is so ordered. 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 NO. 2020 IDA-__' ' STATE OF TEXAS ' ' COUNTY OF HARRIS ' INDUSTRIAL DISTRICT AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and ____________________________ ______________, a _______________________ corporation, hereinafter called "COMPANY", W I T N E S S E T H: WHEREAS, it is the established policy of the City Council of the City of La Porte, Texas, to adopt such reasonable measures from time to time as are permitted by law and which will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the City and its citizens; and WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729, designating portions of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas", and Ordinance No. 842A, designating portions of the area located in its extraterritorial jurisdiction as the "Bayport Industrial District of La Porte, Texas", hereinafter collectively called "District", such Ordinances being in compliance with the Municipal Annexation Act of Texas, codified as Section 42.044, Texas Local Government Code; and WHEREAS, Company is the owner of land within a designated Industrial District of the City of La Porte, said land being legally described on the attached Exhibit "A" (hereinafter "Land"); and said Land being more particularly shown on a plat attached as Exhibit "B", which plat describes the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte; and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said Districts and for such purpose desires to enter into this Agreement with Company pursuant to Ordinance adopted by the City Council of said City and recorded in the official minutes of said City: NOW, THEREFORE, in consideration of the premises and the mutual agreements of the parties contained herein and pursuant to the authority granted under the Municipal Annexation Act and the Ordinances of City referred to above, City and Company hereby agree with each other as follows: I. City covenants, agrees and guarantees that during the term of this Agreement, provided below, and subject to the terms and provisions of this Agreement, said District shall continue to retain its extraterritorial status as an industrial district, at least to the extent that the same covers the Land belonging to Company and its assigns, unless and until the status of said Land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of this Agreement. Subject to the foregoing and to the later provisions of this Agreement, City does further covenant, agree and guarantee that such industrial district, to the extent that it covers said Land lying within said District and not now within the corporate limits of City, shall be immune from annexation by City during the term hereof (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that all Land, including that which has been heretofore annexed, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over the conduct of business thereon; provided, however, 1) any portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146, shall be subject to the rules and regulations attached hereto as Exhibit "C" and made a part hereof, 2) intermodal shipping containers (including but not limited to freight and tank containers) placed on Land belonging to Company shall be permitted to be stacked only two containers in height within the 100’ wide portion of Company’s Land contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146; beyond said 100’ wide strip, intermodal shipping containers shall be eligible to be stacked one additional container in height within and for each successive 100’ wide portion of Company’s Land behind and following the preceding 100’ wide strip, up to a maximum of six containers in height, regardless of distance from Fairmont Parkway, State Highway 225, or State Highway 146; and 3) it is agreed that City shall have the right to institute or intervene in any administrative and/or judicial proceeding authorized by the Texas Water Code, the Texas Clean Air Act, the Texas Health & Safety Code, or other federal or state environmental laws, rules or regulations, to the same extent and to the same intent and effect as if all Land covered by this Agreement were not subject to the Agreement. II. In the event that any portion of the Land has heretofore been annexed by City, Company agrees to render and pay full City ad valorem taxes on such annexed Land and improvements, and tangible personal property. Under the terms of the Texas Property Tax Code (S.B. 621, Acts of the 65th Texas Legislature, Regular Session, 1979, as amended), the appraised value for tax purposes of the annexed portion of Land, improvements, and tangible personal property shall be determined by the Harris County Appraisal District. The parties hereto recognize 2 that said Appraisal District has no authority to appraise the Land, improvements, and tangible personal property in the unannexed area for the purpose of computing the "in lieu" payments hereunder. Therefore, the parties agree that the appraisal of the Land, improvements, and tangible personal property in the unannexed area shall be conducted by City, at City's expense, by an independent appraiser of City's selection. The parties recognize that in making such appraisal for "in lieu" payment purposes, such appraiser must of necessity appraise the entire (annexed and unannexed) Land, improvements, and tangible personal property. Nothing herein contained shall ever be interpreted as lessening the authority of the Harris County Appraisal District to establish the appraised value of Land, improvements, and tangible personal property in the annexed portion, for ad valorem tax purposes. III. A. The properties upon which the "in lieu of" taxes are assessed are more fully described in subsections 1, 2, and 3 of subsection C, of this Paragraph III (sometimes collectively called the "Property"); provided, however, pollution control equipment installed on the Land which is exempt from ad valorem taxation pursuant to the provisions of Sec. 11.31 of the Texas Property Tax Code is exempt from ad valorem taxation and "in lieu of taxes" hereunder. Property included in this Agreement shall not be entitled to an agricultural use exemption for purposes of computing “in lieu of taxes” hereunder. B.On or before the later of December 31, 2020, or 30 days from mailing of tax bill and in like manner on or before each December 31st thereafter, through and including December 31, 2031, Company shall pay to City an amount of “in lieu of taxes" on Company's Property as of January 1st of the current calendar year ("Value Year"). C. Company and City agree that the following percentages (“Percentage Amount”) shall apply during each of the Value Years: Value Year 2020: 64% Value Year 2021: 64% Value Year 2022: 64% Value Year 2023: 64% Value Year 2024: 64% Value Year 2025: 64% Value Year 2026: 64% Value Year 2027: 64% Value Year 2028: 64% Value Year 2029: 64% Value Year 2030: 64% Value Year 2031: 64% Company agrees to pay to City an amount of “in lieu of taxes” on Company’s land, improvements and tangible personal property in the unannexed area equal to the sum of: 3 1. Percentage Amount of the amount of ad valorem taxes which would be payable to City if all of the Company's Land and improvements which existed on January 1, 2020, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, (excluding amounts which would be so payable with respect to any Substantial Increase in value of such Land and improvements to which subparagraph 2, below applies), had been within the corporate limits of City and appraised each year by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code; and 2. (a) On any Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) dedicated to new construction, in excess of the appraised value of same on January 1, 2019, resulting from new construction (exclusive of construction in progress, which shall be exempt from taxation), for each Value Year following completion of construction in progress, an amount equal to Thirty percent (30%), where construction is completed in Value Years 2020 through 2031, of the amount of ad valorem taxes which would be payable to City if all of said new construction had been within the corporate limits of City and appraised by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code. The eligible period for application of said thirty percent (30%) “in lieu” rate shall be for a total of six (6) Value Years. In the case of new construction which is completed in Value Year 2028 or later, and provided, further, that City and Company enter into an Industrial District Agreement after the expiration of this Industrial District Agreement, then, and in such events, such new construction shall be entitled to additional Value Years under the new Agreement at a Thirty percent (30%) valuation under this subparagraph (a), for a total of six (6) Value Years, but not extending beyond Value Year 2034. In the case of new construction which was completed in Value Years 2016 through 2019 in accordance with the previous Industrial District Agreement between City and Company, such new construction shall be subject to a Twenty percent 20%)valuation through Value Year 2022, and a Thirty (30%) valuation for any additional Value Years beyond Value Year 2022, for a total of six (6) Value Years. (b) Application of the thirty percent (30%) “in lieu” rate for Substantial Increase in value of the Land, 4 improvements, and tangible personal property dedicated to new construction is limited to new construction purposed for or related to manufacturing and processing uses. In no case shall Company be entitled to application of the thirty percent (30%) “in lieu” rate for Substantial Increase in value of the Land, improvements, and tangible personal property dedicated to new construction where the new construction is purposed for or related to uses for warehousing, storage, distribution, and/or general freight trucking and transportation, as well as general commercial uses, such as truck stops, rental facilities, or repair shops. (c)A Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) as used in subparagraph 2(a) above, is defined as an increase in value that is the lesser of either: i. at least Five percent (5%) of the total appraised value of Land and improvements, on January 1, 2019; or ii. a cumulative value of at least $3,500,000.00. For the purposes of this Agreement, multiple projects that are completed in a Value Year can be cumulated to arrive at the amount for the increase in value. (d) If existing Property values have depreciated below the Property value established on January 1, 2019, an amount equal to the amount of the depreciation will be removed from the calculation under this subparagraph 2 to restore the value to the January 1, 2019, value; and 3. Percentage Amount of the amount of ad valorem taxes which would be payable to City on all of the Company's tangible personal property of every description, located in an industrial district of City, including, without limitation, inventory, (including inventory in a federal Foreign Trade Zone and including Freeport exempted inventory), oil, gas, and mineral interests, items of leased equipment, railroads, pipelines, and products in storage located on the Land, if all of said tangible personal property which existed on January 1, 2020, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, (excluding amounts which would be so payable with respect to any Substantial Increase in value of such tangible personal property to which subparagraph 2, above applies), had been within the corporate limits of City and appraised each year by the City's independent appraiser, in accordance with the applicable provisions of the Texas 5 Property Tax Code. with the sum of 1, 2 and 3 reduced by the amount of City's ad valorem taxes on the annexed portion thereof as determined by appraisal by the Harris County Appraisal District. 4. Notwithstanding the above, should City elect to grant the freeport inventory exemption authorized by Article VIII, Section 1-j of the Texas Constitution and Section 11.251 of the Texas Property Tax Code to taxpayers within the City limits, then the freeport inventory exemption shall apply to parties to this Agreement. Further, should inventory or any other class or type of property become exempt from taxation by constitutional amendment or act of the Texas Legislature (including, but not limited to, Article VIII, Section 1-n, of the Texas Constitution and Section 11.253 of the Texas Property Tax Code), such class or type of property shall be exempt for purposes of this Agreement, unless the City Council of the City of La Porte shall by Ordinance provide for the continued taxation of such property under the authority of any applicable provisions of the Texas Constitution and Texas Statutes. 5. City and Company acknowledge circumstances might require the City to provide emergency services to Company's Property described on Exhibit "A" attached hereto. Emergency services are limited to fire, police, and public works emergency services. If Company is not a member of Channel Industries Mutual Aid Association (CIMA), Company agrees to reimburse City for its costs arising out of any emergency response requested by Company to Company's property, and to which City agrees to respond. If Company is a member of CIMA, the obligations of Company and City shall be governed by the CIMA agreement, to which agreement City is a party. IV. This Agreement shall extend for a period beginning on the 1st day of January, 2020, and continuing thereafter until December 31, 2031, unless extended for an additional period or periods of time upon mutual consent of Company and City,as provided by the Municipal Annexation Act; provided, however, that in the event this Agreement is not so extended for an additional period or periods of time on or before August 31, 2031,the agreement of City not to annex property of Company within the District shall terminate. In that event, City shall have the right to commence immediate annexation proceedings as to all of Company's property covered by this Agreement, notwithstanding any of the terms and provisions of this Agreement. Company agrees that if the Texas Local Government Code Section Chapter 42.044 “Creation of Industrial District in Extraterritorial Jurisdiction”, or Texas Local Government Code Chapter 43 “Municipal Annexation”, is amended, or any new legislation is thereafter 6 enacted by the Legislature of the State of Texas which imposes greater restrictions on the right of City to annex land belonging to Company or imposes further obligations on City in connection therewith after the annexation of such land, Company will waive the right to require City to comply with any such additional restrictions or obligations and the rights of the parties shall be then determined in accordance with the provisions of said laws as the same existed on January 1, 2019. V. This Agreement may be extended for an additional period or periods by agreement between City and Company and/or its assigns even though it is not extended by agreement between City and all of the owners of all land within the District of which it is a part. VI. A. In the event Company elects to protest the valuation for tax purposes set on its said properties by City or by the Harris County Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and Company shall have the right to take all legal steps desired by it to reduce the same. Notwithstanding such protest by Company, and except as otherwise provided in Article VI(B), Company agrees to pay to City on or before the date therefore hereinabove provided, at least the total of (a) the total amount of ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu of taxes" on the unannexed portions of Company's hereinabove described property which would be due to City in accordance with the foregoing provisions of this Agreement on the basis of renditions which shall be filed by Company. When the City or Harris County Appraisal District (as the case may be) valuation on said property of Company has been so finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final conclusion of the controversy, then within thirty (30) days thereafter Company shall make payment to City of any additional payment due hereunder, or City shall make payment to Company of any refund due, as the case may be, based on such final valuation, together with applicable penalties, interests, and costs. B. Should Company disagree with any appraisal made by the independent appraiser selected by City pursuant to Article II above (which shall be given in writing to Company), Company shall, within twenty (20) calendar days of receiving City’s invoice, give written notice to the City of such disagreement. In the event Company does not give such written notice of disagreement within such time period, the appraisal made by said independent appraiser shall be final and controlling for purposes of the determination of "in lieu of taxes" payments to be made under this Agreement. Should Company give such notice of disagreement, Company shall also 7 submit to the City with such notice a written statement setting forth what Company believes to be the market value of Company's hereinabove described property. Both parties agree to thereupon enter into good faith negotiations in an attempt to reach an agreement as to the market value of Company's property for "in lieu" purposes hereunder. If, after the expiration of thirty (30) days from the date the notice of disagreement was received by City, the parties have not reached agreement as to such market value, the parties agree to submit the dispute to final arbitration as provided in subparagraph 1 of this Article VI(B). Notwithstanding any such disagreement by Company, Company agrees to pay to City on or before December 31 of each year during the term hereof, at least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu" payments which would be due hereunder on the basis of Company's written valuationsstatement submitted to City by Company hereunder, or the total assessment and "in lieu of taxes" thereon for the last preceding year, whichever is higher. 1. A Board of Arbitrators shall be created composed of one person named by Company, one by City, and a third to be named by those two. In case of no agreement on this arbitrator in 10 days, the parties will join in a written request that the Chief Judge of the U.S. District Court for the Southern District of Texas appoint the third arbitrator who, (as the "Impartial Arbitrator") shall preside over the arbitration proceeding. The sole issue to be determined in the arbitration shall be resolution of the difference between the parties as to the fair market value of Company's property for calculation of the "in lieu" payment and total payment hereunder for the year in question. The Board shall hear and consider all relevant and material evidence on that issue including expert opinion, and shall render its written decision as promptly as practicable. That decision shall then be final and binding upon the parties, subject only to judicial review as may be available under the Texas General Arbitration Act (Chapter 171, "General Arbitration", Texas Civil Practice and Remedies Code). Costs of the arbitration shall be shared equally by the Company and the city, provided that each party shall bear its own attorneys fees. VII. City shall be entitled to a tax lien on Company's above described property, all improvements thereon, and all tangible personal property thereon, in the event of default in payment of "in lieu of taxes" payments hereunder, which shall accrue penalty and interest in like manner as delinquent taxes, and which shall be collectible by City in the same manner as provided by law for delinquent taxes. VIII. 8 This Agreement shall inure to the benefit of and be binding upon City and Company, and upon Company's successors and assigns, affiliates and subsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, either voluntarily or by operation of law, all or any part of the property belonging to it within the territory hereinabove described, and the agreements herein contained shall be held to be covenants running with the land owned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force. Company shall give City written notice within ninety (90) days, with full particulars as to property assigned and identity of assignee, of any disposition of the Land, and assignment of this Agreement. IX. If City enters into an Agreement with any other landowner with respect to an industrial district or enters into a renewal of any existing industrial district agreements after the effective date hereof and while this Agreement is in effect, which contains terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to amend this Agreement and City agrees to amend same to embrace the more favorable terms of such agreement or renewal agreement. X. The parties agree that this Agreement complies with existing laws pertaining to the subject and that all terms, considerations and conditions set forth herein are lawful, reasonable, appropriate, and not unduly restrictive of Company's business activities. Without such agreement neither party hereto would enter into this Agreement. In the event any one or more words, phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the application thereof to any person, firm, corporation or circumstances shall be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph, section, article or other part of the Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. XI. Upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect to said Land shall terminate. XII. Notices by a party to the other party hereto, shall be mailed or delivered as follows: To the City of La Porte: City Manager 9 City of La Porte 604 West Fairmont Parkway La Porte, TX 77571 To Company: ______________________________ (COMPANY) Attention:___________________ Department ______________________________ ______________________________ Company shall promptly notify City of any change of ownership of Property, any assignment of this Agreement, and of any change of billing address. Company shall notify City annually, on or before June 1, of any changes to the following information: Plant Manager Name: _________________________ Address:_________________________ _________________________ Phone: _________________________ Fax: _________________________ Email: _________________________ Tax Agent/Billing Contact Name: _________________________ Address:_________________________ _________________________ Phone: _________________________ Fax: _________________________ Email: _________________________ ENTERED INTO effective the 1st day of January, 2020. ________________________________ (COMPANY) By: ______________________________ Name:______________________________ Title:_____________________________ Address:___________________________ ____________________________ ATTEST: CITY OF LA PORTE, TEXAS ___________________________ By: ______________________________ City Secretary Louis R. Rigby Mayor 10 APPROVED: ___________________________ By: ______________________________ Knox W. Askins Corby D Alexander City Attorney City Manager City of La Porte P.O. Box 1218 CITY OF LA PORTE, TEXAS La Porte, TX 77572-1218 604 West Fairmont Parkway 281.471.1886 La Porte, TX 77571 281.471.2047 fax knoxaskins@comcast.net STATE OF TEXAS ' ' COUNTY OF HARRIS ' This instrument was acknowledged before me on the __ day of ___________, 20__, by ____________________, _____________________ of ______________________ corporation, a __________ corporation, on behalf of said entity. ______________________________ Notary Public, State of Texas STATE OF TEXAS ' ' COUNTY OF HARRIS ' This instrument was acknowledged before me on the ____ day of ___________, 20__, by Louis R. Rigby, Mayor of the City of La Porte, a municipal corporation, on behalf of said entity. ______________________________ Notary Public, State of Texas 11 "EXHIBIT A" (Metes and Bounds Description of Land) 12 "EXHIBIT B" Attach Plat reflecting the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte.) 13 "EXHIBIT C" Page 1 of 3 RULES AND REGULATIONS Any portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146 shall be subject to the following rules and regulations pertaining to new signage, screening, driveways and median crossovers, as well as the stacking of intermodal shipping containers. These rules and regulations shall apply after the effective date of this Agreement when Company develops or constructs improvements on vacant Land described in Exhibit "A" which is adjacent to Fairmont Parkway, State Highway 225, or State Highway 146. 1. Any sign erected in said 100' strip of land shall be subject to the following provisions: One freestanding identification sign shall be permitted for each side of an industrial establishment that fronts on an improved public right-of-way. Freestanding identification signs for single tenant buildings shall not exceed 150 square feet in area. One freestanding identification sign for identifying multiple businesses is allowable at the intersection of improved public rights-of-way. Freestanding identification signs for multiple businesses shall not exceed 350 square feet. Freestanding identification signs shall not exceed 45 feet in height. Minimum setback for sign construction shall be ten (10) feet from property lines. 2. Intermodal shipping containers(including by not limited to freight and tank containers) shall be permitted to be stacked only to a maximum of two(2) containers in height inthe said 100’ strip.In those instances where shipping containers are placed within the said 100’ wide strip, the screening requirements established in paragraph 3 immediately below shall apply. 3.When Land adjacent to said 100' strip is developed, the initial 50' of said strip beyond any existing pipeline easement contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146 shall be screened by one of the following techniques: a)Leaving in place existing trees, vegetation, underbrush, etc. to provide a thorough and effective visual screening 14 "EXHIBIT C" Page 2 of 3 of the development. Existing trees shall, together with other vegetation and underbrush, create a continuous visual screen. b) The use of earthen berms with approximately 3:1 side slopes, 50' wide at the base and 8' high. The berms may be landscaped with a combination of trees, shrubs, and ground cover. All berms and landscaping will be maintained by the property owners. c) A screening plan, to be approved by the City, that includes a combination of trees, shrubs, and ground cover that after 5 years growth will be at least 20 feet in height and shall, together with shrubs and ground cover, create a continuous visual screen. Provided, however, in public utility easements or rights-of-way, the vegetation shall be installed and maintained in a manner which is acceptable to the public utility company, and does not interfere with the operation and maintenance of the public utility facilities. For items b and c above, the actual length of required screening along the roadway will be equal to the length of the new development that is parallel to the roadway. Screening shall not be required for new development that is to the rear of or behind existing facilities. In all cases the 50' strip, along the entire roadway frontage, shall be dedicated as a landscape easement and shall be kept free from any improvements except for approved driveway access and identification signs. For cases of new development or improvements where a 50' landscape easement is not available or practical, Company shall meet with City to determine a suitable landscaping alternative. d) In the case of land contiguous to Fairmont Parkway, in addition to the other requirements of these Rules and Regulations, Company shall dedicate to City by Plat a ten foot (10') wide pedestrian and bicycle easement, extending along Company's Fairmont Parkway boundary, within the fifty foot (50') landscape easement. The pedestrian easement shall not be within any pipeline facility, except for necessary crossings. 4. Driveways opening from said strip of land onto State Highway 225 or State Highway 146 shall be subject to the rules and regulations of the Texas Department of Transportation and provisions of the City's Code of Ordinances, whichever is more restrictive. "EXHIBIT C" 15 Page 3 of 3 Driveways opening from said strip of land onto Fairmont Parkway shall be subject to the rules and regulations of Harris County and provisions of the City's Code of Ordinances, whichever is more restrictive. 5. Driveways opening from said strip of land onto Fairmont Parkway shall be approved by the City and may require the installation of separate acceleration/deceleration lanes. 6. Installation of a median crossover on Fairmont Parkway shall be subject to the approval of both Harris County and City. 16 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:November 11, 2019 Requested By:Corby Alexander, City Mgr.Source of Funds:N/A Department:Administration Account Number: N/A Amount Budgeted:N/A ReportResolution Ordinance Amount Requested: N/A Exhibits: Cover letter Budgeted Item:Yes No Pipeline Permit application Correspondence and staff comments Construction drawings Vicinity map SUMMARY HSC Pipeline Partnership, LLC has made application with the City to construct of its 16” Ethylene pipeline project within La Porte. The project will consist of the installation of 18,599 feet of 16-inch and 12-inch carbon steel pipeline within the City of La Porte. Approximately 17,900 feet of the proposed pipeline will be 16-inch diameter pipe and 669 feet will be 12-inch. There will be a valve site located north of Fairmont Parkway. The pipeline system is intended to transport ethylene and will be installed via conventional open- trench, bore, and horizontal drilling methods as depicted in the attached construction drawings. The route through the City of La Porte is also shown within the attached construction drawings. Staff has reviewed plans for the HSC Pipeline Partnership, LLC 16” Ethylene pipeline project and has determined that there are no conflicts with existing water, sewer or drainage facilities along the proposed route. However, staff has requested that the applicant provide approvals from TxDOT, Harris County, the railroad, and all private property owners impacted by the proposed project. At this time, the applicant has not provided the requested approvals but has requested conditional approval of the permit application. If conditional approval is granted by City Council, staff will withhold the construction permit until all requested approvals have been provided by the applicant. Once the conditions have been met, staff will execute a construction permit HSC Pipeline Partnership, LLC, in duplicate originals, one which shall be delivered to the permittee and one which shall be retained by the City, as required by ordinance. RECOMMENDED MOTION I move that the Council conditionallyauthorize the City Manager to execute a Pipeline Permit with HSC Pipeline Partnership, LLC for the construction of a 16” Ethylene pipeline within the City of La Porte, approved uponHSCaddressing all outstanding staff comments to the satisfaction of the City Manager. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:November 11, 2019 Source of Funds:N/A Requested By: Ian Clowes, City Planner Department: Planning and Development Account Number: N/A Amount Budgeted:N/A ReportResolution Ordinance Amount Requested: N/A Exhibits: Ordinance 2019-3765 Budgeted Item:Yes No Proposed SCUP P & Z letter of recommendation Aerial map Zoning map Applicant information SUMMARY ApplicantCharles Anders, on behalf of owner Bayway Homes, isseeking approval of a SCUP to allow for the construction of a single duplex home on two lots located on Bayshore Drive. This request is similar to a previously approved SCUP which permitted the development of nine duplex homes in Block 32 of the Beach Park subdivision, two blocks north of the current proposal.The previous SCUP was approved in 2016 and amended in February 2019. The total subject site area is legally described as Lots 10 & 11, Block 30, Beach Park Subdivisionand is located 536Bayshore Drive. The attached Area Map Exhibit shows the location of the subject property. The lotiszoned MU, Mixed Use, and iscurrently undeveloped. Staff received onecomment sheetin favor ofthe proposed SCUP. Staff sent out nineteen notifications to all property owners within 200’ of the subject property. The Planning and Zoning Commission, at their October 17, 2019, regular meeting, voted 5-2 to recommend denial of the proposed SCUP, as presented. Commissioners Barrera and Warren were the dissenting votes. Commissioner Martin was not present for the vote. In accordance with Sec. 106-171.(8)Vote to overrule. The affirmative vote of at least three-fourths of the city council is required to overrule a recommendation of the city planning and zoning commission that a proposed change to this chapter or boundary be denied. Council approval of the proposed SCUP will require seven (7) affirmative votes. Should the City Council choose to approve the SCUP request, staff recommends adding the following conditions to the finalSCUP document: 1.A site development plan shall be submitted in accordance with applicable requirements of the City of La Porte’s development ordinance and shall comply with all provisions of Chapter 106, “Zoning” of the City’s Code of Ordinances and all other department reviews and applicable laws and ordinances of the City of La Porte and the state of Texas. 2. The underlying zoning is MU. All MU requirements will need to be met. 3. One single family attached duplex unit is permitted on two platted lots within the development area. 4. A fire wall is required along the shared property line separating each unit in accordance with applicable residential building and fire codes. 5. A 0’ setback is permitted on the shared property line separating the two units of each duplex. Perimeter setbacks are 15' minimum to 25' maximum from the front property line, a minimum of 5' from the side property lines and a minimum or 10' from the rear property line. 6. A minimum of two off-street parking spaces shall be included for each individual unit. 7. All necessary documentation for building permit review must be submitted in conjunction with the City’s building permit application process for any proposed building improvements. 8. Any substantive modifications to this Special Conditional Use Permit will require an amendment to this SCUP in accordance with Chapter 106, “Zoning” of the City’s Code of Ordinances. Per Sec. 106-171. (6) Council Actions. “The city council shall act upon such motion or petition within 30 days from the date the final report of the city planning and zoning commission was submitted to the city council.” Should the Council wish to uphold the Planning and Zoning Commission’s denial, a motion could be as follows: I move that the Council uphold the Planning and Zoning Commission’s denial of the application for Special Conditional Use Permit (SCUP) #19-91000007, for a 0.12-acre tract of land located at 536 Bayshore Drive, legally described as Lots 10 & 11, Block 30, Beach Park Subdivision Should the Council wish to approve the request (not to follow the Planning and Zoning Commission’s recommendation), a motion could be asfollows: I move that the Council adopt Ordinance 2019-3765 for Special Conditional Use Permit (SCUP) #19-91000007, for a 0.12-acre tract of land located at 536 Bayshore Drive, legally described as Lots 10 & 11, Block 30, Beach Park Subdivision Per Sec. 106-171.(8)Vote to overrule.“The affirmative vote of at least three-fourths of the city council is required to overrule a recommendation of the city planning and zoning commission that a proposed change to this chapter or boundary be denied.” Council approval of the proposed SCUP amendment will require seven (7) affirmative votes. RECOMMENDED MOTION Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date ORDINANCENO.2019-3765 AN ORDINANCEAMENDINGTHE CODEOFORDINANCESOFTHE CITYOF LA PORTE, CHAPTER 106, MORE COMMONLY REFEFRED TOAS THE ZONING ORDINANCEOF THE CITY OF LA PORTE, BY GRANTING SPECIAL CONDITIONAL USE PERMIT NO. 19-91000007, TO ALLOW FOR A SINGLE- FAMILY DUPLEX HOME TO LOCATE IN THE MIXED USE (MU) ZONING DISTRCT,ON0.12 ACRES OF LANDANDBEINGLEGALLY DESCRIBED AS LOTS 10 AND 11, BLOCK 30, BEACH PARK SUBDIVISION, LA PORTE, HARRIS COUNTY,TEXAS; MAKINGCERTAIN FINDINGSOF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section1.Chapter106“Zoning”oftheCodeofOrdinancesisherebyamendedbygranting SpecialConditionalUse Permit #19-91000007 attached hereto as Exhibit A and incorporatedby reference forallpurposes,to allowfor a single-family duplex home to locate on0.12 acresof land, being legally described as Lots 10 and 11, Block 30, Beach ParkSubdivision, LaPorte, Harris County,Texas,and situated within the Mixed Use (MU) zoning district. Section2.Allordinances or parts of ordinancesinconsistentwiththetermsofthisordinance are herebyrepealed; provided, however, that suchrepeal shall be only to theextentofsuch inconsistency andin all other respectsthisordinanceshallbe cumulative ofother ordinances regulatingand governing the subject matter covered by this ordinance. Section 3.Shouldanysectionorpartofthisordinance be held unconstitutional, illegal, or invalid, ortheapplicationto anypersonorcircumstance for any reasons thereof ineffectiveor inapplicable,suchunconstitutionality,illegality, invalidity, or ineffectiveness of such section or part shall innowayaffect,impair orinvalidatetheremainingportionsthereof;butastosuch remainingportionorportions,the same shall be and remain in full force and effect and tothis endtheprovisionsofthis ordinancearedeclaredto beseverable. Section4.The CityCouncilofficially finds, determines, recites and declares that a sufficient writtennotice of the date, hour, placeandsubject 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 whichthisordinance and thesubject matter thereofhasbeendiscussed,consideredandformallyacted upon.TheCityCouncil further ratifies,approves and confirmssuchwrittennoticeandthe contents and posting thereof. Section5.The City Council of the City of La Porte hereby finds that public notice was properly mailedto allowners ofallpropertieslocated within two hundred feet (200’) of the properties under consideration. Section6.TheCity CounciloftheCityofLa Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines anddeclaresthatthe amendmentstotheCityof LaPorteZoning Classification contained in this Ordinance as amendmentstheretoare desirable andinfurtherance ofthe goalsandobjectives stated in the City of La Porte’s Comprehensive Plan. Section7.This ordinance shallbeeffectiveafteritspassageandapproval. th PASSEDANDAPPROVEDthis,the 11dayof November, 2019. CITYOFLAPORTE, TEXAS ______________________________ Louis R.Rigby,Mayor ATTEST: APPROVED: __________________________ ____________________________ Lee Woodward, City Secretary Clark Askins, Assistant City Attorney EXHIBIT A CityofLa Porte SpecialConditionalUse Permit#19-91000007 Thispermitisissued to:Bayway Homes OwnerorAgent PO Box 1244, Friendswood, TX, 77549 Address For Development of: Bayway Homes Circle Single Family Attached Development Phase 2 Development Name 536 Bayshore Dr. Address Legal Description: Lots 10 &11, Block 30, Beach Park Subdivision, Harris County, TX__ Zoning: MU, Mixed Use Use: Single family attached duplex homes Permit Conditions: This Special Conditional Use Permit (SCUP) is applicable for the subject property, a copy of which shall be maintained in the files of the City’s Planning and Development Department upon approval. Project development shall be in accordance with the following conditions: 1. A site development plan shall be submitted in accordance with applicable requirements of the City of La Porte’s Development Ordinance and shall comply with all provisions of Chapter 106, “Zoning” of the City’s Code of Ordinances and all other department reviews and applicable laws and ordinances of the City of La Porte and the State of Texas. 2. The underlying zoning is MU. All MU requirements will need to be met. 3. One single family attached duplex unit is permitted on two platted lots within the development area. 4. A fire wall is required along the shared property line separating each unit in accordance with applicable residential building and fire codes. 5. A 0’ setback is permitted on the shared property line separating the two units of each duplex. Perimeter setbacks are 15' minimum to 25' maximum from the front property line, a minimum of 5' from the side property lines and a minimum or 10' from the rear property line. 6. A minimum of two off-street parking spaces shall be included for each individual unit. 7. All necessary documentation for building permit review must be submitted in conjunction with the city’s building permit application process for any proposed building improvements. 8. Any substantive modifications to this Special Conditional Use Permit will require an amendment to this SCUP in accordance with Chapter 106, “Zoning” of the City’s Code of Ordinances. Failure to start construction of the site within 12 months after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted afterapplication to thePlanning andZoning Commission. If contract or agreement is terminated after completion of any stage and there is ample evidence that further development is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Validation Date: Teresa Evans Lee Woodward, City Secretary Director of Planning and Development City of La PortePlanning and Development Department Established 1892 Teresa Evans, Director October 18, 2019 Honorable Mayor Rigby and City Council City of La Porte RE: Special Conditional Use Permit Request #19-91000007 Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a regular meeting on October 17, 2019 to hear a Special Conditional Use Permit request by Charles Anders, applicant; on behalf of Bayway Homes, owner; for a Special Conditional Use Permit to allow for the construction of a single duplex home on two lots located on Bayshore Dr., and is legally described as Lots 10 and 11, Block 30, Beach Park Subdivision. The subject site is zoned Mixed Use (MU). Section 106-310 of the Code of Ordinances requires a Special Conditional Use Permit in order for the above referenced use to be permitted within the MU zoning district. The Commission voted 5-2 to recommend denial of the proposed SCUP. Commissioners Warren and Barrera were the dissenting votes. Commissioner Martin was not present for the vote. Respectfully submitted Ian Clowes, City Planner On behalf of the Planning and Zoning Commission City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov E RO HSY AB E RO HSY AB REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:November 11,2019 Requested By:Ian Clowes, City Planner Source of Funds:N/A Department:Planning & Development Account Number: N/A Amount Budgeted:N/A ReportResolution Ordinance Amount Requested: N/A Exhibits: Ordinance 2019-3766 Budgeted Item:Yes No P & Z letter of recommendation Existing Land Use map Proposed Land Use map SUMMARY This item is a request for consideration to amend the City’s Future Land Use Plan (FLUP) in conjunction with a request byRyan Sweezy, applicant; behalf of Texas Cargoways, LLC, owner, who is seeking approval of a Zone Change from the Mid Density Residential (R-2) zoning district to the General Commercial (GC) zoning district. The proposed zone change would allow for the development of an open air boat and RV storage facility on the site. The property in question is located at the 3400 Block of Canada Road, and legally described as Reserve A, Block 1 Dawson Subdivision. The City’s Future Land Use Plan (FLUP) identifies this property as “Mid-High Density Residential” land use. In order to accommodate the proposed development, the FLUP would need to be amended to allow for “Commercial” use. The Planning and Zoning Commission, at their October 17, 2019,regular meeting, voted 7-0to recommend denialof the proposed Future Land Use Amendment. Per Sec. 106-171. (6) Council Actions. “The city councilshall act upon such motion or petition within 30 days from the date the final report of the city planning and zoning commission was submitted to the city council.” Should the Councilwish to uphold the Planning and Zoning Commission’s denial, a motion could be as follows: I move that the Council uphold the Planning and Zoning Commission’s denial of the applicationfor a zone change at the 3400 Block of Canada Road, and legally described as Reserve A, Block 1 Dawson Subdivision. Should the Council wish to approve the request (not to follow the Planning and Zoning Commission’s recommendation), a motion could be as follows: I move that the Council adopt Ordinance 2019-3766, amending the City’s Future Land Use Plan for a 6.921-acre tract of land located at the 3400 Block of Canada Road, and legally described as Reserve A, Block 1 Dawson Subdivision. Per Sec. 106-171.(8)Vote to overrule.“The affirmative vote of at least three-fourths of the city council is required to overrule a recommendation of the city planning and zoning commission that a proposed change to this chapter or boundary be denied.” Council approval of the proposed FLUP amendment will require seven (7) affirmative votes. RECOMMENDED MOTION Approved for City Council Agenda Corby D. Alexander, City Manager Date ORDINANCENO.2019-3766 AN ORDINANCE ADOPTING AN UPDATETOTHE FUTURELAND USEMAP COMPONENT OFTHE COMPREHENSIVEPLANOFTHE CITY OF LA PORTE, TEXAS UPON RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF LA PORTE, TEXAS; BY CHANGING THE DESIGNTION OF A 6.69-ACRE TRACT OF LAND AT THE 3400 BLOCK OF CANADA ROAD FROM “MID-DENSITY RESIDENTIAL” TO “COMMERCIAL”; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF WHEREAS, Section 211.004 of the Texas Local Government Code provides that zoning regulations must be adopted in accordance with a Comprehensive Plan; and WHEREAS, Section 213.003 of the Texas Local Government Code provides that a municipality may amend a Comprehensive Plan by ordinance, after public hearing and review by the municipality's planning commission or department; and WHEREAS, Section 213.003 of the Texas Local Government Code also provides that a municipality may establish, in its charter or by ordinance, procedures for adopting and amending a Comprehensive Plan; and WHEREAS, Chapter 106, "Zoning" Article I, Section 106-3, and Article II, Section 106-65 of the Code of Ordinances of the City of La Porte, delegates to the Planning and Zoning Commission the duty to review and make recommendations relevant to modifications of the Comprehensive Plan and Zoning Ordinance; and WHEREAS,theCityofLaPortehas a Comprehensive Plan, which Plan was adopted bytheCity Council of the City of La Porte, Texasin1986, andwhichPlan has been the subject of multiple amendments since its adoption; WHEREAS, pursuant to mandate of Chapter 106, "Zoning" of the Code of Ordinances of the City ofLaPorte,thePlanningand ZoningCommissionoftheCityofLaPortehasreviewedallelements oftheComprehensivePlan,andasdulyapprovedbytheCityCounciloftheCityofLaPorte,to considerpossibleamendmentsthereto;and WHEREAS,attheLaPortePlanningandZoningCommissionmeetingwhichoccurredonOctober 17, 2019,theLaPortePlanningandZoningCommissionreviewedtheFutureLandUseMap componentoftheComprehensivePlanforthepurposeofconsideringproposedamendmentsthereto, tochangethedesignationforthat6.921acretractoflandlocatedat the 3400 Block of Canada Rd., andlegallydescribedasfollows:Reserve A, Block 1 Dawson Subdivision, City ofLaPorte,Harris County,Texas,fromitspresentdesignationof“Mid-High Density Residential”,to“Commercial",and attheconclusionofsuchreviewtheLaPortePlanningandZoningCommissionvotedto recommend to the La Porte City Council that it deny approval of such amendment to the Future Land Use Plan component of the Comprehensive Plan, to the La Porte City Council; NOW,THEREFORE,BE IT RESOLVEDBYTHE CITY COUNCILOFTHE CITYOFLA PORTE, TEXAS, THAT: Section 1. That an amendment to the Future LandUse Map component of the Comprehensive Plan of theCity of La Porte, Texas, which is incorporated to thisordinance by reference herein and attached hereto as Exhibit A, be and is hereby authorized, approved, and adopted by the City CounciloftheCityofLaPorte,Texas,afterdulynoticedpublic hearing held at its November 11, 2019 meeting, pursuant to the recommendations of the Planning and Zoning Commission of the City of La Porte, Texas. Section 2.TheCitySecretaryoftheCityof LaPorteorherdesignatedrepresentativeshallbe requiredtomakethisamendmenttotheComprehensivePlanavailabletothepublicand duly mark and note the updatedreference ontheFuture Land Use Plan componentof the Comprehensive Plan of the City of La Porte, Texas. Section 3.TheCityCouncilofficiallyfinds,determines, recitesanddeclaresthatasufficientwritten noticeofthedate,hour,placeandsubjecttothismeetingoftheCityCouncilwas 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 andconfirms such written notice and the contents andpostingthereof. Section 4. This ordinance shall be in effect from and after its passage and approval. th PASSED ANDAPPROVEDthis, the 11 dayof November, 2019. CITY OF LA PORTE, TEXAS ______________________________ LouisR.Rigby,Mayor ATTEST: APPROVED: __________________________ ____________________________ Lee Woodward,CitySecretaryClarkAskins, Assistant CityAttorney City of La PortePlanning and Development Department Established 1892 Teresa Evans, Director October 17, 2019 Honorable Mayor Rigby and City Council City of La Porte RE: Request #19-92000006 to Amend the Future Land Use Map Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a meeting on October 17, 2019 for a request a 6.921 acre tract of land located at the 3400 Block of Canada Rd., and is legally described as Reserve A, Block 1 Dawson Subdivision. The request was for approval of a change of the future Mid-High Density ResidentialCommercial The Commission voted 7-0 to recommend denial of the proposed Future Land Use Map. Commissioner Martin abstained from the vote. Respectfully submitted, Ian Clowes, City Planner On Behalf of the Planning and Zoning Commission City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov GNISSORC NACE P CLARKSVILLE REYAB BERNARD ADANAC NOITATNALP GNISSORC N ACEP CLARKSVILLE REYAB BERNARD ADANAC NOITATNALP REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:November 11, 2019 Requested By:Ian Clowes, City Planner Source of Funds:N/A Department:Planning & Development Account Number: N/A Amount Budgeted:N/A ReportResolution Ordinance Amount Requested: N/A Exhibits: Ordinance 2019-3767 Budgeted Item:Yes No P & Z letter of recommendation Aerial map Zoning map Future Land Use map Applicant information SUMMARY Ryan Sweezy, applicant, on behalf of Texas Cargoways, LLC, owner,is seeking approval of a Zone Change from the Mid Density Residential (R-2) zoning district to the General Commercial (GC) zoning district. The subject propertyis located at the 3400 Block of Canada Road, and legally described as Reserve A, Block 1 Dawson Subdivision. The property is currently undeveloped. The applicant would like to develop the site for outdoor boat and recreation vehicle (RV) storage. In order to allow the proposed use, the site must be rezoned to GC. The adjacent property to the north, also zoned R-2, is currently occupied by a vacant commercial/light industrial facility. Staff mailed fifteenpublic notices to property owners located within 200 feet of the subject property. Staffreceived tworeturned comment sheets for the proposed zone change that were in opposition to the request. The Planning and Zoning Commission, at their October 17, 2019, regular meeting, voted 6-1to recommend denialof the proposed Zone Change.Commissioner Tschappat was the dissenting vote. Commissioner Martin abstained from the vote. Planning Commission discussion focused on the proposed zone change and not the proposed use. The zone change to GC would open the property up to any use currently permitted in GC and would not be restricted to only boat and RV storage. Some of the Commissioners also cited theirpreference to maintain existing residential zoning. Per Sec. 106-171. (6) Council Actions. “The city council shall act upon such motion or petition within 30 days from the date the final report of the city planning and zoning commission was submitted to the city council.” Should the Council wish to uphold the Planning and Zoning Commission’s denial, a motion could be as follows: I move that the Council uphold the Planning and Zoning Commission’s denial of the application for zone change request #19-92000006, for a 6.921-acre tract of land located at the 3400 Block of Canada Road, and legally described as Reserve A, Block 1 Dawson Subdivision. Should the Council wish to approve the request (not to follow the Planning and Zoning Commission’s recommendation), a motion could be as follows: I move that the Council adopt Ordinance 2019-3767 for zone change request #19- 92000006, for a 6.921-acre tract of land located at the 3400 Block of Canada Road, and legally described as Reserve A, Block 1 Dawson Subdivision. Per Sec. 106-171.(8)Vote to overrule.“The affirmative vote of at least three-fourths of the city council is required to overrule a recommendation of the city planning and zoning commission that a proposed change to this chapter or boundary be denied.” Council approval of the proposed zone change will require seven (7) affirmative votes. RECOMMENDED MOTION Approved for City Council Agenda Corby D. Alexander, City Manager Date ORDINANCE NO. 2019-3767 AN ORDINANCE AMENDING CHAPTER 106 “ZONING” OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY CHANGING THE ZONING CLASSIFICATION OF A 6.921-ACRE TRACT OF LAND LOCATED AT THE 3400 BLOCK OF CANADA ROAD AND LEGALLY DESCRIBED AS RESERVE A, BLOCK 1 DAWSON SUBDIVISION,FROM MID DENSITY RESIDENTIAL (R-2) TO GENERAL COMMERCIAL (GC); MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. Chapter 106 “Zoning” of the Code of Ordinances is hereby amended by changing the zoning classification of the following described property, to wit: a 6.921-acretractof landlocatedat the 3400 Block of Canada Rd.and legally described asReserve A, Block 1 Dawson Subdivision, Harris County, Texas, from Mid Density Residential (R- 2) to General Commercial (GC). Section 2.All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 4. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, TX. Gov’t Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5. The City Council of the City of La Porte hereby finds that public notice was properly mailed to all owners of all properties located within two hundred feet (200’) of the properties under consideration in compliance with code provisions. Section 6. It is directed that the Official Zoning Map of the City of La Porte, Texas be changed to reflect the zoning classification established by this ordinance Section 7.The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Map and Classification contained in this ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Porte’s Comprehensive Plan. Section 8.This ordinance shall be effective after its passage and approval. th PASSEDANDAPPROVEDthis, the 11dayof November, 2019. CITYOF LA PORTE, TEXAS ______________________________ Louis R.Rigby,Mayor ATTEST: APPROVED: __________________________ ____________________________ Lee Woodward, City Secretary Clark Askins, Assistant City Attorney City of La PortePlanning and Development Department Established 1892 Teresa Evans, Director October 18, 2019 Honorable Mayor Rigby and City Council City of La Porte RE: Zone Change Request #19-92000006 Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a public hearing at the October 17, 2019 meeting on a zone change request by Ryan Sweezy, applicant, on behalf of Texas Cargoways, LLC, owner; for a zone change of property legally described as Reserve A, Block 1 Dawson Subdivision, from Mid Density Residential (R-2) to General Commercial (GC). The site is a 6.921 acre tract of land located at the 3400 Block of Canada Rd. The Commission voted 6-1 to recommend denial of the proposed zone change. Commissioner Tschappat was the dissenting vote. Commissioner Martin abstained from the vote. Respectfully submitted, Ian Clowes, City Planner On Behalf of the Planning and Zoning Commission City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov GNISSORC NACE P CLARKSVILLE REYAB BERNARD ADANAC NOITATNALP GNISSORC NACE P CLARKSVILLE REYAB BERNARD ADANAC NOITATNALP GNISSORC NACE P CLARKSVILLE REYAB BERNARD ADANAC NOITATNALP REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:November 11, 2019 Source of Funds: Requested By: Corby Alexander, City Manager Department: CMO Account Number: Amount Budgeted: ReportResolution Ordinance Amount Requested: Exhibits: Updated sponsorship policy Budgeted Item:Yes No Updated sponsorship application SUMMARY Staff brought the first iteration of this new sponsorship policy to the Council on th September 9, and received feedback for the changes presented on the updated forms. For FY2019-20, staff hasbudgeted $10,000 for the Houston Yacht Club and $10,000 for the San Jacinto Festival, along with $125,000 for Sylvan Beach Day. 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 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 at least one monthbefore the opportunity is to take place. If the City is being asked to participate more than $10,000, the application must be in 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. Opportunities receiving money from Local Hotel Occupancy Tax revenues must comply with state law, show collaboration with at least one local hotel or motel beforehand and complete an after action report. 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 5000 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. Sponsorship Request Application 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: Contact Name: Click here to enter text.Click here to enter text. Federal Tax I.D.Contact Number: Click here to enter text.Click here to enter text. Organization Address:Contact Email: Click here to enter text.Click here to enter text. City/State/ZIP: Which Describes Click here to enter text. For-Profit Corporation: Your Organization? 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 Monetary In-Kind Type Requested: Describe In-Kind Services Click here to enter text. Requested: Total Amount Requested: Click here to enter text. Name of the Program/Event: Click here to enter text. Describe the Program/Event: Click here to enter 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 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:November 28, 2019 Source of Funds: Requested By: Louis R. Rigby, Mayor Department: City Council Account Number: Amount Budgeted: ReportResolution Ordinance Amount Requested: Exhibits: Ordinance 2019-3758 Budgeted Item:Yes No Current, proposed redline, and proposed clean versions of the Council Rules of Procedure SUMMARY This item has been considered at several City Council meetings beginning September 9, and has been placed as an ongoing item for discussion. 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 November 11 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 postingthereof. Section 1-226.Repeal. Ordinance 2003-2646-Aand Ordinance 2013-3489are 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 andapproval. 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 Formatted:Footerdistancefromedge:0.32" Formatted:Body Text,Left, Space Before: 0.3 pt ORGANIZATION AND CITY COUNCIL RULES OF PROCEDURES FOR CITY COUNCIL MEETINGS Formatted:Font:22 pt Amended XXXXXXX, 2019, by Ord. 2019-3758 Formatted:Character scale: 105%, Not Expanded by / Condensed by Formatted:Font:10 pt First Adopted May 19, 2008July 28, 2003 Formatted:Left 1 Formatted:Centered,Indent:Left:0" TABLE OF CONTENTS Formatted:Font:16pt,Highlight (will be revised when all other changes are complete) Formatted:Font:16 pt Section 1 GENERAL 1 Section 2 AUTHORITY 1 Section 3 - MEETINGS 3.01.RegularMeetings1 3.02. Special Meetings1 3.03. Agenda 1 Section 4 - STANDARDS OF CONDUCT 4.01. City Councilpersons 2 4.02. Council Relations with theMedia 3 4.03. City Staff (During Meetings) 3 4.04. Citizens and Visitors 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 4 6.02. Call to Order Presiding Officer 4 6.03. Roll Call 6.04. Quorum (9/18/19 emails & default to TGC 551.001(6)) Formatted:Strikethrough 6.05. Order of Business Formatted:Font:Bold, Strikethrough 6.06. Rules of Debate Formatted:Font:Bold 6.07. Addressing the Council 6.08. Addressing the Council After Motion Made Formatted:Strikethrough 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 6 Formatted:Indent: Left: 0.15", No bullets or 7.02 Appointment 6 numbering,Tab stops: 0.15", Left + Not at 0.5" 7.03. Council Committee Meetings 6 7.04. Council Ad Hoc Committees 7 Formatted:List Paragraph, Outline numbered + Level: 2 + Numbering Style: 01, 02, 03, + Start at: 4 + Section 8 - RULES SUSPENSION 7 Alignment: Left + Aligned at: 0.15" +Indent at: 0.46", Tab stops: 0.15", Left + Not at 0.5" APPENDIX City Council Ethics Policy Formatted:Font:(Default)Times New Roman Formatted:Font:Bold Formatted:Font:Bold 2 ORDINANCE NO. 2003-2646-A 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 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 II. City Council, Section 2.07 that the than once each moa 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 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 Formatted:Justified Code (the Texas Open Meetings Act). Section 1-23.01. 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 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 suchother 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 falls upon a day 3 designated by law as a legal or national holiday, such meetings shall be held on such other date as determined by City Council. (C)(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, Harris County, Texas, unless otherwise directed by City Council, or required bylaw. Section 1-23.02. Special Meetings. The Mayor on his/her 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 iscalled. Section 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 removed @ 9/23 CC mtg. shall Formatted:Fontcolor: Blue, Highlight include a clear description of the proposed action by the Council (in the form of a proposed motion), Formatted:Highlight or shall clearly state the item is for discussion purposes only, shall be of sufficient detail to allow Formatted:Font:Bold, Highlight staff to contribute background information on the topic, and shall be filed with the City Secretary Formatted:Fontcolor: Blue by 5:00 p.m., Thursday, two weeks prior to the Monday night City Council meeting (and a commensurate period for special meetings)be filed with the City Secretary, and shall contain the agenda item requested. 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, at least seven (7) days prior to each Council meeting,also be delivered to the City Secretaryon the same schedule. The City Secretary will coordinate the placement and contentof 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, 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. 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. 4 Elected officials should exhibit appropriate behavior. All members of the City Council have equal votes and all Councilpersonsspeak 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 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 Formatted:Font:(Default)Times New Roman, 12 pt special guests is considered appropriate and encouraged. Reactions from the audience Formatted:List Paragraph, Left, Indent: Hanging: 0.43", during staff presentations to the Council and during debate between Councilpersons are Numbered + Level: 1 + Numbering Style: A, B, C, + not appropriate and not permitted. The presiding officer will ensure that the decorum of Start at: 1 + Alignment: Left + Alignedat: 0.5" + Indent at: 0.75" the meeting is maintained and is appropriate. Formatted:Font:(Default)Times New Roman, 12 pt (B) No placards, banners, or signs will be permitted in the City Council chamber or in any Formatted:Indent: Hanging: 0.43" other room in which the City Council is meeting. Exhibits, displays, and visual aids used Formatted:Font:(Default)Times New Roman, 12 pt in connection with presentations to the City Council, however, are permitted. Formatted:List Paragraph, Left, Indent: Hanging: 0.43", Numbered + Level: 1 + Numbering Style: A, B, C, + With the exception of those locations designated as free speech venues,or for City-sponsored or Start at: 1 + Alignment: Left + Alignedat: 0.5" + Indent City co-sponsored Meet the Candidate forums for City elections, City Hall may not be used for at: 0.75" political campaign-related functions or events. City resources or equipment may not be used for Formatted:Font:Italic other 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 Formatted:Strikethrough 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 or as the City Council shall formally restrict or authorize by other ordinance or resolution. 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 (per Ethics & Conflict of Interest Policy, Formatted:Not Highlight attached as Appendix A), shall not vote on the matter, shall not participate in discussions regarding 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. 5 (A) When a vote is called, every member present shall vote either "Aye" or "No" or shall Formatted:Font:(Default)TimesNewRoman,12pt abstain,following 10/14 meetingexcept on matters involving a conflict of interest that Formatted:List Paragraph, Left, Numbered + Level: 1 + compels a Councilperson to abstain. Numbering Style:A, B, C, + Start at:1 + Alignment: Left+ Aligned at: 0.5" + Indent at: 0.75" (B) Any vote to which there is an objection shall be taken by counted vote; except that, on Formatted:Highlight the demand of a single Councilperson, a roll call vote shall be taken. After the result of Formatted:Font:(Default)Times New Roman, 12 pt a vote is announced, a member may not change a vote unless, before the adjournment of Formatted:Font:Bold, Highlight that meeting, permission is given to change the vote by a majority vote of the members present. Formatted:Font:(Default)Times New Roman, 12 pt Formatted:Font:(Default)Times New Roman, 12 pt Section 6 - CHAIR AND DUTIES 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" Section 1-2046.01. 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/She added 10/14 shall state every question coming before the Council, Formatted:Highlight announce the decision of the Council on all subjects and decide all questions of order, subject, Formatted:Font:Bold, Highlight 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/She shall be entitled to vote on all questions. He/She shall sign all ordinances and resolutions adopted by the Council during his/her presence. In the event of the absence of the Mayor, the Mayor Pro Tem shall sign ordinances or resolutions as then adopted. Section 1-2056.02. Call to Order-Presiding Officer. The Mayor, or in his/her 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 the minutes. 6.16. Section 1-2076.04. Quorum. A majority of all the members elected to the Council shall constitute Formatted:Strikethrough,Highlight a quorum at any regular or special meeting of the Council. In the absence of a quorum, the Formatted:Highlight Presiding Officer shall, at the request of any three (3) members present, compel the attendanceof absent members. (9/18/19 emails & default to TGC 551.001(6)) Section 1-2086.05. Order of Business. All meetings of the Council shall be open to the public, in accordance with the Texas Open Meetings LawAct. 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 generally be taken up for consideration and disposition in the following order: 6 1. Call to Order 1.2. Invocation and Pledges ofAllegiance. 3.Proclamations andPresentations. 2.4. Public Comments 3.5. 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. Approval of minutes of previous meeting. b. Purchases, Contracts, or Transactions. 4. Petitions, remonstrances, communications, and citizens and taxpayers wishing to address theCouncil. 5. Public Hearings. 6 New Business: a. Introduction and adoption of resolutions and ordinances. b. Receive reports and recommendations from City staff. a. 6. Statutory Agenda Formatted:Font:(Default)Times New Roman, 12 pt b. c. 7. Reportsof City Officers and Sstaff -Boards-Committees. Formatted:Not Highlight 7. Previously tabled items. Formatted:Indent: Left: 0.5", Hanging: 0.25", Space 8. Executive Session. Before: 0.7 pt, Line spacing: single, Numbered + Level: 2 + Numbering Style: a, b, c, + Start at: 1 + 9. Workshop Items. Alignment: Left + Aligned at: 1.64" +Indent at: 2.14", 11. 8. Administrative Reports. Tab stops: 2.13", Left + 2.13", Left +Not at 1.13" + 12. Council Comments. 9. Items of Community Interest (in accordance with state law) 1.13" 12. 10. Executive and/or workshop sessions (as appropriate) Formatted:Not Highlight 13. 11. Reconvene in public session (as needed following executive sessions) 13.14. 12. 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 1-2106.06. 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/her 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) Did something get omitted Privilege of Closing Debate. The Councilperson moving the Formatted:Not Highlight adoption of an ordinance or resolution shall have the privilege of closing the debate. 7 (E) Motion to Reconsider. A motion to reconsider any action taken by the Council may Formatted:Indent: Left: 0.56", No bullets or numbering 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 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. (F)(D) Remarks of Councilperson--When Entered in Minutes. A Councilperson may request, through the Presiding Officer, the privilege of having an abstract of his/her 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) 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. Formatted:Font:(Default)Times New Roman, 12 pt (G)(F) Relevance of Debate. In the interest of being respectful of the time commitment of Formatted:Indent: Left: 0.61", Hanging: 0.52", Right: City Councilpersons, the Council expects that issues adequately addressed prior to the 0", Line spacing: single, No bullets or numbering, Tab meeting not be reprised during the meeting. 10/14 decision to remove stops: Not at 0.56" Formatted:Underline, Strikethrough, Highlight Section 1-2116.07. Addressing the Council. Before each meeting of City Council the City Formatted:Strikethrough,Highlight Secretary shall place make public comment cards forms availableon the table in the rear of the Formatted:Font:Bold, Not Strikethrough Council Chambers, on which any taxpayer or resident, or his/herauthorized representative, or any member of the public, may sign his/her name and address, and indicate the subject matter on which Formatted:Strikethrough,Highlight 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 cardform, and placing it at , 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)(B) Time Limit. Each person addressing the Council shall step up to the podium, shall Formatted:Numbered + Level: 1 + Numbering Style:A, B, C, + Start at: 1 +Alignment: Left + Aligned at: give his/her name and address in an audible tone of voice for the records, and 0.65" + Indent at: 1.17" unless further time is granted by the Council, shall limit his/her address to five (5) 8 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 orthrough 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 managerManager, for further handling. (B) (C) Limits on Repetitive or Redundant Presentations. The City Council shall have Formatted:Numbered + Level: 1 + Numbering Style:A, B, C, + Start at: 1 +Alignment: Left + Aligned at: the right to place reasonable limits on the number, frequency, and length of 0.65" + Indent at: 1.17" 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. 7/19 addition in light of HB 2840 changes Formatted:Font:Bold, Highlight 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). Formatted:Font:(Default)Times New Roman Section 1-213. Addressing the Council After Motion Made. After a motion is made by the Formatted:List Paragraph, Indent: Left: 0.5", Space Council, no person shall address the Council without first securing the permission of the Council so Before: 0 pt, Line spacing: Multiple1.01 li, Tab stops: to do. 1.17", Left Section 1-2146.09. Silence Constitutes Affirmative Vote. Unless a member of the Council states that he is not voting, his/her silence shall be recorded as an affirmative vote. Section 1-2156.10. Decorum. (A) By Councilpersons 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 1-2166.11. 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 9 Officer, it shall be the duty of the Sergeant-at-Arms, or any of them present, to place remove 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 PresidingOfficer. 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 1-2186.12. Special Committees. The establishment and members of aAll special committees shall be appointed decided by a majority vote of the Council, unless prescribed by the City Charter or other action 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 1-2216.13. 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)(A) 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/her authorized representative, and shall have been examined and approved for administration by the City Manager or his/her authorized representative, where there are substantive matters of administration involved. (C) Introducing for Passage or Approval. (1) Ordinances, resolutions, and other matters or subjects requiring action by the Council must initially be produced/written, 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. per the guidelines of 3.03 Agenda, above. Formatted:Indent: Left: 0", First line: 0" (2) An ordinance may have final passage on the same day on which it was introduced. Formatted:Font:(Default)Times New Roman, 12 pt Formatted:Normal (3)(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 unlessthe 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. 10 (4)Any resolution providing for the appropriation of money shall designate the particular fund from which the appropriation is to be made. Formatted:Indent: Left: 0" Section 1-2226.14. Reports and Resolutions to be Filed with the City Secretary. All reports and Formatted:Nobulletsornumbering,Tabstops:0", Left+ Not at 0.65" + 0.65" resolutions shall be filed with the City Secretary and entered on the minutes. Formatted:Font:(Default)Times New Roman, 12 pt Section 7 CITY COUNCIL COMMITTEES Formatted:List Paragraph, Indent: Left: 0.25", Hanging: 0.31", Numbered + Level: 1 + Numbering Style: A, B, C, 7.01. Council Committees Established. + Start at: 1 + Alignment: Left+ Aligned at: 0.59" + Indent at: 0.84" (A) The following standing committees of the City Council areestablished: Formatted:Font:(Default)Times New Roman, 12 pt Formatted:List Paragraph, Left, Indent: Left: 0.25", (1) Fiscal Affairs Committee 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 responsibility that are Formatted:Font:(Default)Times New Roman, 12 pt, referred to it by the City Council or the City Manager. A standing committee may, Bold by majority vote, recommend action to the City Council, but committee Formatted:Font:(Default)Times New Roman recommendation is not necessary for a matter to be placed on the City Council Formatted:List Paragraph, Left, Level4, Indent: Left: agenda. The committee chair may make a statement on behalf of the committee on 0", First line: 0", Right: 0", Space Before: 0 pt, Outline an item in a meeting of the Council. numbered +Level: 2 + Numbering Style: 01, 02, 03, + Start at: 2 + Alignment: Left + Alignedat: 0.71" + 7.02. Appointment. Appointment to and composition of the committees has been established Indent at: 1.04", Tab stops: 0", Left through prior Council action and may be amended by such. Formatted:Font:(Default)Times New Roman, Bold Formatted:List Paragraph, Indent: Left: 0", First line: 7.03. Council Committee Meetings. 0", Space Before: 0 pt, Outline numbered + Level: 2 + Numbering Style:01, 02,03, + Start at: 2 + (A) Council standing committees shall meet as necessary. The quorum of Council Alignment: Left + Aligned at: 0.71" +Indent at: 1.04", committees will be a majority of the members serving. Except when serving during a Tab stops: 0", Left + Not at 0.65" + 0.65" meeting for an absent member, an alternate to the committee should not be seated at Formatted:Not Expandedby / Condensed by the dais, nor participate in discussion or vote. (9/9/ & 9/18 additions from emails Formatted:Font:(Default)Times New Roman, 12 pt w/Askins, Rigby, Alexander) Formatted:List Paragraph, Numbered + Level: 1 + (B) The committee chair shall develop committee meeting agendas through Numbering Style:A, B, C, + Start at:1 + Alignment: Left+ Aligned at: 0.65" + Indent at: 0.9" coordination with fellow committee members and appropriate supporting staff members. The committee chair will coordinate with the City Secretary to ensure Formatted:Highlight that the committee meeting agenda is posted as appropriate. Formatted:Font:Bold, Highlight Formatted:Font:Bold, Highlight 7.04. Council Ad Hoc Committees. 10/14 discussion of ad hoc vs special, please see email of Formatted:Font:(Default)Times New Roman, 12 pt 10/17 Formatted:Indent: Left: 0.25", Hanging: 0.31" The Mayor may appoint ad hoc committees from time to time to study and review Formatted:Font:(Default)Times New Roman, 12 pt specific issues. The Mayor shall determine the number of members and appoint a Formatted:List Paragraph, Left, Indent: Left: 0.25", chair of ad hoc committees. The ad hoc committees shall be established for a Hanging: 0.31", Numbered + Level: 1 + Numbering designated period of time, which may be extended by the Mayor and shall meet as Style: A, B, C, + Start at: 1+ Alignment: Left + Aligned needed. The Mayor shall formally announce the establishment of any ad hoc at: 0.65" +Indent at: 0.9" committee along with his/her appointments to that committee in a session of Formatted ... Council prior to the committee convening to conduct business. Formatted:Highlight 11 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. 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 Formatted:Justified, Right: 0.03", Line spacing: approval. Multiple 0.94 li 12 APPENDIX A Formatted:Font:11 pt ETHICS POLICY Formatted:Strikethrough Adopted July 22, 2013, by Ordinance 2013- 3489 Formatted:Font:12 pt 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 Formatted:Indent: Left: 0.34", Hanging: 0.25", Right: 0.09", Line spacing: Multiple 1.05 li, Tabstops: 0.6", employees are stewards of the public trust. They have a responsibility to the citizens Left+ Not at 0.56" 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: 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 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, 13 director, advisor, or other active participant in a nonprofit educational, religious, 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) The official or employee; (b) His or her immediate family member; (c) A member of his or her household; Formatted:Justified, Indent: Left: 0.86",Hanging: 0.33", Space Before: 0.85 pt, Line spacing: single, (d) An outside employer of the official or employee or of his or her immediate Numbered + Level: 3 + Numbering Style: a, b, c, + family member; Start at: 1 + Alignment: Left + Alignedat: 1.06" + (e) A business entity in which the official or employee or his or her immediate Indent at: 1.31" family member holds an economic interest; Formatted:Font:12 pt (f) A business entity for which the city official or employee serves as an Formatted:Font:12 pt employee, officer or director, or otherwise functions in any policy making position; or Formatted:Font:12 pt (g) A person or business entity from whom the official or employee, or his or her Formatted:Font:12 pt 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 ffofficials, Formatted:Font:12 pt members of the public in general or a substantial segment of the public. (B) Meaning of "affect". (1) In subsection (a)(l) 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 14 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. 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: (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 Formatted:Font:12 pt, Highlight 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 Formatted:Font:14 pt, Bold on, the matter. (Please give attention, as this provision is referenced in Formatted:Font:12 pt, Highlight the Rules above, under proposed 5.02.) Formatted:Font:12 pt (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 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 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; 15 (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 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 16 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; eligibi1ity for appointment or election to office. Formatted:Font:12 pt Formatted:Font:12 pt (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. Formatted:Font:12 pt, Strikethrough Formatted:Font:12 pt (a) No former city employee shall, for a period of one year from the date of leaving city Formatted:Font:12 pt, Strikethrough 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, 17 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 aboard, agency, commission ordepartment of the city. Furthermore, this subsection shall not be construed to deprive a former employee Formatted:Strikethrough of the right to due process under the law, including the right to represent himself in a Formatted:Fontcolor: Red, Strikethrough, Not court proceeding. Highlight Formatted:Font:12 pt, Strikethrough (c) In any action or proceeding in the municipal court which is instituted by a city officer or Formatted:Strikethrough,Not Highlight employee in the course of official duties, no former city employee shall, for a period of Formatted:Font:12 pt, Strikethrough 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 Formatted:Strikethrough shall not have any financial interest in the sale to the city of any land, materials, supplies Formatted:Font:12 pt, Strikethrough 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. 18 CITY COUNCIL RULES OF PROCEDURE Amended XXXXX XX, 2019, by Ord. 2019-3758 First Adopted July 28, 2003 1 TABLE OF CONTENTS (will be revised when all other changes are complete) Section 1 GENERAL 1 Section 2 AUTHORITY 1 Section 3 - MEETINGS 3.01. Regular Meetings 1 3.02. Special Meetings 1 3.03. Agenda 1 Section 4 - STANDARDS OF CONDUCT 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 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 4 6.02. Call to Order Presiding Officer 4 6.03. Roll Call 6.04. Order of Business 6.05. Rules of Debate 6.06. Addressing the Council 6.07. Addressing the Council After Motion Made 6.08. Silence Constitutes Affirmative Vote 6.09. Decorum 6.10. Enforcement of Decorum 6.11. Special Boards, Commissions, or Committees 6.12. Claims Against City 6.13. Ordinances, Resolutions, and Contracts 6.14. Reports and Resolutions to be Filed with the City Secretary Section 7 - CITY COUNCIL COMMITTEES 7.01. Council Committees Established 6 7.02 Appointment 6 7.03. Council Committee Meetings 6 7.04. Council Ad Hoc Committees 7 Section 8 - RULES SUSPENSION 7 APPENDIX City Council Ethics Policy 2 Section 1 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 II. City Council, Section 2.07 that the than once each moa 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 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/her 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 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 3 Council meeting (and a commensurate period for special 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 ption 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, or for City-sponsored or City co-sponsored Meet the Candidate forums for City elections, City Hall may not be used for political campaign-related functions or events. City resources or equipment may not be used for other 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 4 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 or as the City Council shall formally restrict or authorize by other ordinance or resolution. 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 (per Ethics & Conflict of Interest Policy, attached as Appendix A), shall not vote on the matter, shall not participate in discussions regarding 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" or shall abstain, 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/She 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/She shall be entitled to vote on all questions. He/She shall sign all ordinances and resolutions adopted by the Council during his/her 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/her 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/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 5 Council. 6.03. Roll Call. Before proceeding with the business of the Council, the City Secretary, or his/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. 6.04. 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 be taken 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/her 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/her statement on 6 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) 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. 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/her authorized representative, or any member of the public, may sign his/her 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 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. (B) Time Limit. Each person addressing the Council shall step up to the podium, shall give his/her name and address in an audible tone of voice for the records, and unless further time is granted by the Council, shall limit his/her 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. (C) 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. 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/her 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. 6.13. Ordinances, Resolutions, and Contracts. (A) 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/her authorized representative, and shall have been examined and approved for administration by the City Manager or his/her 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 agenda. The committee chair may make a statement on behalf of the committee on 8 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. The quorum of Council committees will be a majority of the members serving. Except when serving during a meeting for an absent member, an alternate to the committee should not be seated at the dais, nor participate in discussion or vote. (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. 10/14 discussion of ad hoc vs special, please see email of 10/17 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/her 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) 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)(l) 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. 11 (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. (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: (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 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: (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 12 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 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 13 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. 14 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:November 11, 2019 Source of Funds:N/A Requested By: Teresa Evans, Director Department: Planning and Development Account Number: N/A Amount Budgeted:N/A ReportResolution Ordinance Amount Requested: N/A Exhibits: None Budgeted Item:Yes No SUMMARY The Warehouse/Wholesaler/Distribution Operations Council Committee met with staff to review associated regulations and recommend amendments to the code. Committee participants included Councilpersons Ojeda, Earp, and Martin, the City Manager, Assistant City Manager, Planning & Development Director, City Planner, and Planning Technician. Councilperson Ojeda served as the Committee Chairperson. The Committee began its review with a discussion of land use regulations governing said activities, as outlined below. The City of La Porte is a zoned municipality in accordance with the City of La Porte Code of Ordinances Chapter 106- Zoning. Section 106-310- Table A lists the commercial and industrial uses permitted in the commercial and industrial zoning districts. Commercial and industrial uses are categorized by the 2017 North American Industry Classification System (NAICS). Warehouse/Wholesaler/Distribution Operations fall under the following NAICS codes: 1. NAICS 42 Wholesale Trade: Wholesale trade is defined as the sale of products, often in large quantities, to retailers and other merchants. Merchant wholesalers, agents and brokers help move goods between producers and retailers. An example is the recently constructed 100,000 sq. ft. SNAPP USA facility on Fairmont Parkway. 2. NAICS 493 Warehousing and Storage and NAICS 493190 Other Warehousing and Storage: Industries in the Warehousing and Storage subsectors are primarily engaged in operating warehousing and storage facilities for general merchandise, refrigerated goods, and other warehouse products. These establishments provide facilities to store goods; they do not sell the goods they handle. Upon the recommendation of the Planning and Zoning Commission, the City Council approved amendments to Section 106-310- Table A, Commercial and Industrial Uses for NAICS 42 Wholesale Trade on April 8, 2019. With limited exceptions, NAICS 42 Wholesale Trade activity in the Business Industrial (BI) district was changed from a permitted (P) use to a conditional (C) use. Footnote 19 was added to permitted (P) uses in the Light Industrial (LI) and Heavy Industrial (HI)districts. Footnote 19 states “Total site area may not exceed 5 acres with a maximum building size of 40,000 sq. ft. A conditional use permit (CUP) may be sought for individual sites in excess of 5 acres or buildings greater than 40,000 sq. ft.” The current regulations are in effect, in accordance with Section 106-310 – Table A, Commercial & Industrial Uses, Table A: NAICS 493 Warehousing and Storage is a permitted (P) use in the Light Industrial (LI) and Heavy Industrial (HI) districts with footnote 6. Footnote 6 states, “Must be adjacent to high frequency truck roads as shown on High Frequency Truck Route Map (Ref. Section 106-746).” NAICS 493190 Other Warehousing and Storage is a permitted (P) use in the Light Industrial (LI) and Heavy Industrial (HI) districts with footnote 17. Footnote 17 states, “Automobile dead storage must be fully contained within an enclosed building. Use must be located adjacent to high frequency truck roads as shown on High Frequency Truck Route Map.” NAICS 42 Wholesale Trade, with limited exceptions, is a conditional (C) use in the Business Industrial (BI) district and a permitted (P) use with footnote 19 in the Light Industrial (LI) and Heavy Industrial (HI) districts. Footnote 19 states, “Total site area may not exceed 5 acres with a maximum building size of 40,000 sq. ft. A conditional use permit (CUP) may be sought for individual sites in excess of 5 acres or buildings greater than 40,000 sq. ft.” The Committee discussed and recommends consideration of the following amendments to Section 106-310- Table A: 1. NAICS 42 Wholesale Trade: Change the Business Industrial (BI) district from a conditional (C) use to permitted (P) use with the following footnote, “Total site may not exceed 2 acres with a maximum building size of 15,000 sq. ft. A conditional use permit (CUP) may be sought for individual sites in excess of 2 acres or buildings greater than 15,000 sq. ft.” No changes are proposed to the Light Industrial (LI) or Heavy Industrial (HI) permitted (P) use or footnote. 2. NAICS 493 Warehousing and Storage and NAICS 493190 Other Warehousing and Storage: Add a second footnote for permitted (P) uses in the Light Industrial (LI) and Heavy Industrial (HI) districts that states, “Total site area may not exceed 5 acres with a maximum building size of 40,000 sq. ft. A conditional use permit (CUP) may be sought for individual sites in excess of 5 acres or buildings greater than 40,000 sq. ft.” If the Council would like to proceed, it would be appropriate for the Planning and Zoning Commission to review the Committee’s proposals and make recommendations to the City Council. RECOMMENDED MOTION I move that the Council request the Planning & Zoning Commission consider and provide recommendations for proposed amendments to Chapter 106-Zoning. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date