HomeMy WebLinkAbout03-23-20 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
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
MARCH 9, 2020
The City Council of the City of La Porte met in a regular meeting on Monday, March 9, 2020, 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, Brandon Lunsford, Steve Gillett, Danny Earp, Chuck Engelken, Bill Bentley,
Thomas Garza, Jay Martin, Nancy Ojeda
Councilpersons absent: None
Council-appointed officers present: Jason Weeks, Assistant 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 AND PLEDGES The invocation was given by Minister Shawn Williams, Gates of Praises Church, and
the pledges of allegiance to the U.S. and Texas flags were led by Councilperson Bill Bentley.
3. PRESENTATIONS, PROCLAMATIONS, AND RECOGNITIONS
a. Proclamation in recognition of NAPTA Troubleshooting Skills Competition Day. \[Mayor Rigby\].
b. Recognition of the retirement of Peggy Lee, Office Coordinator for the Planning and Development Department.
\[Mayor Rigby\]
4. CITIZEN COMMENT (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.)
Chuck Rosa spoke in opposition to action of the Planning and Zoning Commission and item 6a.
Mayor Rigby reminded the Council that the adopted parliamentary authority was
for each member to be recognized twice for ten minutes each on each item.
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 regular session held on February 24, 2020. \[Mayor Rigby\]
b.Approve the appointment of Pat McCabe to an open position on the Building Codes Appeals Board. \[Mayor
Rigby\]
c.Accept the City of La Porte Fiscal Year Ending September 30, 2019, Comprehensive Annual Financial
Report (CAFR). \[Michael Dolby, Finance Director\]
d Award RFP #20503 for Delinquent Ad Valorem Tax Collection Services to Perdue Brandon Fielder Collins
& Mott, LLP. \[Michael Dolby, Finance Director\]
eAward Bid 20007- Lomax Elevated Water Storage Tank Rehabilitation to Maguire Iron, Inc., authorize the
City Manager to execute a contract in the amount of $275,000.00, and approve a project contingency of
$27,500.00, for a total authorization of $302,500.00. \[Ray Mayo, Director of Public Works\]
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March 9, 2020, Council Meeting Minutes
f. Award Bid 20008-Hillridge Water Tank Replacement to W. W. Payton Corporation, authorize the City
Manager to execute a contract in the amount of $160,000.00, and approve a project contingency of
$16,000.00, for a total authorization of $176,000.00. \[Ray Mayo, Director of Public Works\]
nd
g.Adopt Ordinance 2020-3782 for the purpose of vacating, abandoning, and closing portions of the N 2 and
th
N 4 Street rights-of-way situated in Blocks 7C and 7B, Nebraska Syndicate, and Blocks 349 and 352, Town
of La Porte. \[Ian Clowes, City Planner\]
th
h.Adopt Ordinance 2020-3783 for the purpose of vacating, abandoning, and closing a portion of the N 8
Street right-of-way situated in Block 12, Nebraska Syndicate. \[Ian Clowes, City Planner\]
Councilperson Engleken moved to approve consent agenda items a-c and e-g; the motion was adopted, 9-0.
Councilperson Earp moved to ask staff to bring back information on the most recent three years of service of each
Perdue and Linebarger for comparison at the next Council meeting to consider award RFP #20503 for Delinquent
Ad Valorem Tax Collection Services to Perdue Brandon Fielder Collins & Mott, LLP; the motion was adopted, 9-0.
Councilperson Gillett moved to postpone item 5h for consideration at a future meeting; the motion was adopted, 9-
0.
6. PUBLIC HEARINGS
(a) The City Council will hold a public hearing to receive comments regarding the recommendation by the
Planning and Zoning Commission to adopt Ordinance 2020-3784 amending the Code of Ordinances of the
ated to parking surface materials,
commercial and industrial uses, shipping containers, design standards, parking space density, tree
preservation, and landscaping; followed by discussion and possible action to consider adopting Ordinance
2020-3784 amendin
regulations related to parking surface materials, commercial and industrial uses, shipping containers,
design standards, parking space density, tree preservation, and landscaping. \[Ian Clowes, City Planner\]
Mayor Rigby opened the public hearing at 6:58 p.m. City Planner Ian Clowes gave a brief presentation. Sue Sabin
and Maggie Anderson spoke in opposition to the proposed ordinance. Mayor Rigby closed the public hearing at
7:36 p.m. Councilperson Ojeda moved that the Council deny Ordinance 2020-
of the Code of Ordinances; the motion to deny was adopted, 9-0.
7. STATUTORY AGENDA
(a) Presentation, discussion, and possible action to authorize the City Manager to execute a Water Service
Agreement with Truck Locker Houston, LLC for its proposed facility at 11210 Fairmont Parkway in the
Bayport Industrial District. \[Lorenzo Wingate, Assistant Director of Public Works\]
Councilperson Garza moved to authorize the City Manager to execute a Water Service Agreement with Truck
Locker Houston, LLC for its proposed facility at 11210 Fairmont Parkway in the Bayport Industrial District.
Councilperson Earp moved to amend to add that Truck Locker Houston could not store hazardous materials on the
site; the motion was adopted, 9-0. The main motion, as amended, was adopted, 9-0.
8. ELECTION MATTERS
(a) Approve Judges and Alternate Judges for the City of La Porte/LPISD General Election on May 2, 2020. \[Mayor
Rigby\]
Councilperson Garza moved to approve the list of Judges and Alternate Judges, as presented, for the General
Election on May 2, 2020; and to prescribe that each presiding judge of an election day election precinct appoint no
more than six clerks; the motion was adopted, 9-0
9. REPORTS
(a) Receive a report on the Drainage and Flooding Committee meeting. \[Councilperson Martin\]
Councilperson Martin reported that the Committee had received project updates and set the date of the next meeting
for April 13.
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March 9, 2020, Council Meeting Minutes
(b) Receive a report on the Fiscal Affairs Committee meeting. \[Councilperson Engelken\]
Councilperson Engelken reported that the Committee received a favorable first quarter investment report,
10. ADMINISTRATIVE REPORTS
Planning and Zoning Commission meeting, March 19
City Council meeting, March 23
Zoning Board of Adjustment meeting, March 27
Mr. Weeks advised there were no reports.
11. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city
employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies.
Councilpersons congratulated Peggy Lee on her retirement and recounted the significance of her career at the City;
recognized the Public Works Department for winning the Chili Cookoff
a busy election time; announced the City had been recognized in a nationwide survey of beach towns; commended
History Month and the former women on Council Virginia
Cline, Dottie Kaminski, and Kristin Moser; expressed appreciation to NAPTA for training future workers; discussed the
downturns; reminded all of the
l; shared
County concerning the construction of the new toll road bridge
ADJOURN Without objection, Mayor Rigby adjourned the meeting at 8:05 p.m.
_______________________________
Lee Woodward, City Secretary
Page 3 of 3
March 9, 2020, Council Meeting Minutes
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: March 23, 2020
Requested By: Source of Funds: General & Grant
Steve Deardorff, Chief
001-
Department:
Police
5252/5253/5256/5258-
521-2003 and
Report Resolution Ordinance
Account Number: 032-5253-521-2003
$1,200/$44,290/$3,000
Exhibits: 587-19
$8,200/$5,190
Amount Budgeted: TOTAL = $61,880
Amount Requested: $61,880.00
Budgeted Item: Yes No
SUMMARY
Currently, the La Porte Police Department has a total budget of $56,690 in the General
Fund for regular uniform items and an additional $5,190 in Grant Fund for the
reimbursable portion of the cost of bullet proof vest. The overall Police Department
budget for protective clothing is $61,880.
Currently, the Police Department purchases regular uniform items including, but not
limited to, pants, shirts, belts, and bullet proof vests the Buy Board
contract #587-19, which expire on May 31, 2022. Consistently,
Through prior
experience and research, there are no other local vendors that can fulfill the Police
D
potential for accumulated purchases to exceed $50,000 in the current fiscal year. To-
date the following has been spent wi
Police $28,687.97
EMS $8,948.17
Fire $312.82
Fire Marshal $192.18
Total $38,141.14
Due to staffing changes, including new hires in the La Porte Police Department, there
Purchasing policy, per state
law, requires all expenditures over $50,000 be approved by City Council.
RECOMMENDED MOTION
Police
Department uniform items under Buy Board Contract # 587-19.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: March 23, 2020
Requested By: Source of Funds: N/A
Steve Deardorff, Chief
Department:
Police
Account Number: N/A
Amount Budgeted: N/A
Report Resolution Ordinance
Amount Requested: N/A
Exhibits: Public Hearing Notice
Budgeted Item: Yes No
Ordinance 2020-3785 Chapter 42-Curfew for
Juveniles
SUMMARY
In accordance with Section 370.002 of the Texas Local Government Code, Review of
Juvenile Curfew Order of Ordinance, the City of La Porte is required to hold a public
hearing concerning its existing juvenile curfew ordinance every third year, beginning
with the year of its adoption.
Ordinance 93-1887, which was codified as Article III, in Chapter 42 of the La Porte
Code of Ordinances, has been in effect since 1993. Minor amendments were made in
2016.
The curfew ordinance prohibits any minor under the age of 18 to be in a public place,
including for-profit business establishments, between the hours of 12 Midnight and 6
a.m. on any day of the week, and between the hours of 9 a.m. and 2:30 p.m. on any
school day, subject to certain enumerated exceptions and defenses. Over the last four
years, the below charges have been filed for violation of this ordinance with the La Porte
Municipal Court:
2016 - 78 charges
2017 - 64 charges
2018 - 71 charges
2019 - 39 charges
There are three possible actions that may take place after the public hearing:
1. Re-adoption of the Ordinance as written.
2. Abolish the Ordinance.
3. Modify the Ordinance.
In the event the City Council desires to make modifications, the modified ordinance will
be drawn up and brought before the Council on April 13, 2020, for approval.
Staff recommends re-adoption of the Juvenile Curfew Ordinance as written. The curfew
ordinance gives us a vital tool to help us deter crime during the listed hours. Many times
juveniles who are out and about within the curfew hours become victims or they are the
perpetrators of crime. Also, the Ordinance gives us probable cause to check on
juveniles who we believe are in violation of the ordinance and get them back home or
back to school before they become victims. In addition, it gives us possible leads should
we discover that crime(s) have been committed in the area in which they were
previously observed.
RECOMMENDED MOTION
Move to adopt Ordinance 2020-3785 to renew the Juvenile Curfew Ordinance as
written for an additional three-year term, OR
Move to abolish the Juvenile Curfew, OR
Move to modify to the Juvenile Curfew Ordinance and postpone further
consideration of this item until the April 13, 2020, City Council meeting.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
ORDINANCE NO. 2020-3785
AN ORDINANCE AMENDING CHAPTER 42 MISCELLANEOUS OFFENSES
ORDINANCES BY REVISING JUVENILE CURFEW REGULATIONS; PROVIDING A REPEALING
CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS
ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION
SHALL BE FINED IN A SUM NOT TO EXCEED FIVE HUNDRED DOLLARS; PROVIDING FOR
THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
WHEREAS, pursuant to Texas Local Government Code, Chapter 51, the City may adopt, publish, amend, or
repeal an ordinance, rule or police regulation that is for the good government, peace, and order of the
municipality; and
WHEREAS, the City has previously adopted a juvenile curfew ordinance, codified as Article III, Chapter 42 of
the La Porte Code of Ordinances, in the interest of public health, safety, and welfare and for the purposes of
protecting juveniles and preventing juvenile crime; and
WHEREAS, Texas Local Government Code Section 370.002 requires the governing body of a municipality to
address and hold public hearings on the need to continue the ordinance every three years; and
WHEREAS, the City Council has reviewed the Juvenile Curfew Ordinance's effects on the community and on
problems it was intended to remedy; and
WHEREAS, juvenile curfew ordinance, it is found that re-adoption of
interest in protecting juveniles and preventing juvenile crime.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE,
TEXAS:
Section 1: That the City Council finds the juvenile curfew ordinance, codified as Article III, Chapter 42 of the
La Porte Code of Ordinances, has a positive effect on the community and is effective in both protecting
juveniles and reducing juvenile crime.
Section 2: That Chapter 42Miscellaneous OffensesICurfew for Juveniles
Ordinances, La Porte, Texas, is hereby amended to read as follows:
- CURFEW FOR JUVENILES
Sec. 42-71. - Findings and determinations.
(a) Persons under the age of 18 are particularly susceptible, because of their lack of maturity and
experience, to participate in unlawful and gang-related activities and to be victims of older perpetrators
of crime.
(b) The city has an obligation to provide for:
(1) The protection of minors from each other and from other persons;
(2) The establishment of parental control of and responsibility for their children;
(3) The protection of the general public; and
(4) The reduction of the incidence of juvenile criminal activities.
(c) The city council has determined that a curfew for those under 18 years of age will be in the
interest of the public health, safety and general welfare, and will help to attain the objectives of this
section and will diminish the undesirable impact of such conduct on the citizens of the city.
Sec. 42-72. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Emergency means an unforeseen combination of circumstances or the resulting state that calls
for immediate action. The term shall include, but not be limited to, a fire, natural disaster, vehicular
accident or a serious medical condition of sudden onset.
Establishment means any privately-owned place of business operated for a profit to which the
public is invited, including but not limited to any place of amusement or entertainment.
Guardian means the person who, under a court order, is the guardian of the person of a minor or
the public or private agency with whom a minor has been placed by a court.
Minor means any person under 18 years of age.
Operator means any individual, firm, association, partnership, corporation or other legal entity
operating, managing, or conducting any establishment. The term includes the members or partners of an
association or partnership and the officers of a corporation.
Parent means the natural parent, adoptive parent, or step-parent of a minor.
Public place means any place to which the public or a substantial group of the public has access
and includes, but is not limited to, streets, highways and the common areas of schools, hospitals,
apartments, houses, office buildings, transport facilities and shops.
Remain means: (1) to linger or stay, or (2) to fail to leave a premises when requested to do so
by a police officer or the owner, operator or other person in control of the premises.
Sec. 42-73. - Prohibited acts; offenses.
2
(a) It shall be unlawful for any minor to knowingly remain, walk, run, stand, drive or ride about, in
or upon any public place or establishment in the city:
(1) Between the hours of 12:00 at night (midnight) and 6:00 a.m. on any day of the week; or
(2) Between the hours of 9:00 a.m. and 2:30 p.m. on any day on which classes are in session
in the La Porte Independent School District.
(b) It shall be unlawful for the parent or guardian having legal custody of a minor to knowingly
allow or permit the minor to be in violation of the curfew imposed in subsection (a) of this section.
(c) The owner, operator, or any employee of an establishment commits an offense if he or she
knowingly allows a minor to remain upon the premises of the establishment during curfew hours.
Sec. 42-74. - Defenses to prosecution under section 42-73.
It is a defense to prosecution under section 42-73 that:
(1) The minor was accompanied by his parent or guardian;
(2) The minor was accompanied by an adult designated by his parent or guardian;
(3) The minor was on an errand made necessary by an emergency;
(4) The minor was attending a school, religious or government-sponsored activity or was traveling to
or from a school, religious or government-sponsored activity;
(5) The minor was engaged in a lawful employment activity or was going directly to or coming
directly from lawful employment;
(6) The minor was on the sidewalk of the place where he resides;
(7) The minor was on an errand directed by his parent or guardian;
(8) The minor was in a motor vehicle involved in intrastate or interstate transportation;
(9) The minor was engaged in, participating in or traveling to or from any event, function or activity
for which the application of section 42-73 would contravene his rights protected by the state or
United States Constitutions;
(10) The minor was married or had been married, or had disabilities of minority removed in
accordance with Texas Family Code Chapter 31; or
(11) With respect to the hours between 9:00 a.m. and 2:30 p.m. only, that the offense occurred
during the school summer vacation break period of the school in which the minor is enrolled; on
a holiday observed by the closure of classes in the school in which the minor is enrolled; or that
the minor has graduated from high school or received a high school equivalency certificate. or
that the minor is home schooled and has permission from parent or guardian to be out in public.
(12) That the owner, operator, or employee of an establishment promptly notified the police
department that a minor was present on the premises of the establishment during curfew hours
and refused to leave.
Sec. 42-75. - Supplemental effect of article.
The provisions of this article are supplemental and shall be cumulative with all other laws and
ordinances applicable in any manner to juveniles.
Sec. 42-76. - Enforcement of article.
3
Notwithstanding the penal effect of this article, the chief of police is encouraged to develop
alternative enforcement strategies, which may include, but need not be limited to, the return of minors to
their residences or schools, counseling with minors and their parents or guardians, the issuances of
warning citations to minors or their parents or guardians, or the referral of instances that appear to also
involve the violation of school attendance laws to those officers who are responsible for the enforcement
of those laws. The enforcement strategies shall be promulgated in writing to members of the police
department so that this article may be enforced in a uniform manner.
Sec. 42-77. - Penalty for violation of article.
Any person who violates this article shall be guilty of a misdemeanor and upon conviction in the
municipal court of the city shall be subject to a fine in an amount not to exceed $500.00.
Section 3: Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of
the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to
exceed FIVE HUNDRED DOLLARS ($500.00).
Section 4: Each and every provision, paragraph, sentence and clause of this Ordinance has been separately
considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have been
separately passed without any other provision, and if any provision hereof shall be ineffective, invalid or
unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid
portion shall be in force just as if it had been passed alone.
Section 5: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such
conflict only.
Section 6: 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.
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 7: This ordinance shall be effective fourteen (14) days after its passage and approval. The City
Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the
official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance.
PASSED AND APPROVED this, the____________ day of ___________________, 2020.
CITY OF LA PORTE, TEXAS
Louis R. Rigby, Mayor
4
ATTEST: APPROVED AS TO FORM:
_______________________________ ___________________________________
Lee Woodward, City Secretary Clark T. Askins, Assistant City Attorney
5
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with sec 370.002 of the Texas Local Govt. Code, Review of Juvenile Curfew Order or
Ordinance, notice is hereby given that the City of La Porte, Texas will conduct a Public Hearing at 6:00 p.m. on
the 23rd day of March, 2020, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte,
Texas. The purpose of this hearing is to receive comments regarding Juvenile Curfew
Ordinance and -adopt the Juvenile Curfew
Ordinance as written.
Citizens wishing to address Council either for or against during the Public Hearing will be required to sign
in before the meeting is convened.
CITY OF LA PORTE, TEXAS
Lee Woodward
City Secretary
_____________________
posted
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: March 23, 2020
Source of Funds: N/A
Requested By: Michael Dolby, Director
Department: Finance
Account Number: N/A
Amount Budgeted: N/A
Report Resolution Ordinance
Amount Requested: N/A
Exhibits: Matrix, Evaluation Form and Performance Records
Budgeted Item: Yes No
SUMMARY
The Request for Proposal (RFP #20503) in relation to Delinquent Ad Valorem
Tax Collections Services was advertised in the Bay Area Observer on
December 19 & 26, 2019 and The
City received proposals from two (2) vendors, Linebarger Goggan Blair & Sampson,
LLP (Linebarger) and Perdue Brandon
Fielder Collins & Mott LLP (Perdue). The proposals were evaluated using an approved
matrix. Each vendor were evaluated based on:
1. Demonstrated results of the performance of the firm for delinquent tax
collections. Based on a 3-year (2016-2019) tax year summary for 4 surrounding
existing municipal clients of delinquent tax collections that have been achieved
This criteria evaluates collection records and evaluates delinquent collections,
excluding penalties and interest, as a percentage of total delinquent taxes
receivable. (max 30 points)
2. Proven experience in the field of delinquent property tax collections. (max 25
points)
3. Experience
collection of delinquent taxes. (max 20 points)
4. Historical performance levels and demonstrated capabilities, which focuses on
litigation records. These are factors based on the percentage of primary suits
filed from July 1, 2016 to June 30, 2019 from four (4) surrounding existing
municipal clients. Additionally, the historical performance highlights the number
delinquent accounts and collect taxes prior to a suit being filed. (max 20 points)
5. Clarity of proposal and supporting data. (max 5 points)
City Council voted at the March 9, 2020, meeting to postpone action on selection to
allow staff to include City of La Porte Information in the evaluation. The below is a
summary of the original and corrected data from Linebarger compared to the Perdue
data. As requested, staff has provided the last three (3) year data from Perdue (July 1,
2013 through June 20, 2016). However, Linebarger was only able to provide two (2)
year data from July 1, 2017 through June 30, 2019 for collection records, but able to
provide three (3) year data for litigation records.
2-Year 3-Year
Linebarger Linebarger COLP COLP
Original Corrected Perdue Linebarger Perdue
Average Average Average Average Average
Collection Records: 1,861 1,861 1,356 6,270 7,198
# of Accounts $1,105,732 $1,105,732 $663,957 $1,181,104 $998,688
Beg Delinquent Taxes $515,341 $515,341 $383,210 $586,757 $397,999
Receivable
Total Delinquent Taxes $81,817 $81,817 $116,266 $112,173 $182,360
Collected
Collection % 46% 46% 61% 53.67% 39.89%
Litigation Records:
Suits Filed 113 81 28 97 293
Primary Suits Filed 68 68 24 47 278
Intervenor Suits 14 14 5 50 15
Number of Demand Letters 870 870 8 3,263 65
Dismissals 0 45 13 36 85
% of Primary Suits Filed 67% 76% 80% 46.37% 94.61%
Upon adding the City of La Porte collection and litigation data, the rating remained
unchanged with Linebarger scoring 70 and Purdue 100.
RECOMMENDED MOTION
I move to award RFP #20503 for Delinquent Ad Valorem Tax Collection Services
to Perdue Brandon Fielder Collins & Motts LLP.
OR
I move to award RFP #20503 for Delinquent Ad Valorem Tax Collection Services
to Linebarger Goggan Blair & Sampson, LLP.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
PERFORMANCE RECORD
PERDUE BRANDON FIELDER COLLINS & MOTT LLP
July 1, 2016 - July 1, 2017 -July 1, 2018 -
June 30, 2017June 30, 2018June 30, 20193 Year
PearlandFriendswoodRosenbergBellaireAverage PearlandFriendswoodRosenbergBellaireAveragePearlandFriendswoodRosenbergBellaireAverage Average
Collection Records
Number of Accounts2203998146060313162330975138061813262546943154766514251356
Beginning Delinquent Taxes Receivable for all
delinquent tax years on July 1. $1,304,127$493,172$308,692$262,489$592,120$1,515,875$481,119$314,400$381,178$673,143$1,659,595$489,894$363,900$393,040$726,607$663,957
Total Delinquent Taxes Collected$631,096$366,526$189,492$156,252$335,842$848,975$325,681$212,618$223,251$402,631$861,342$326,162$216,371$240,755$411,158$383,210
Total Penalties and Interest Collected$216,981$88,328$78,749$35,300$104,840$272,435$82,132$75,192$70,601$125,090$255,403$76,873$81,950$61,249$118,869$116,266
Collection Percentage (DTC/DTR) for all
delinquent tax years48.39%74.32%61.39%59.53%60.91%56.01%67.69%67.63%58.57%62.47%51.90%66.58%59.46%61.25%59.80%61%
Litigation Records
Suits Filed37193372432113882266659223828
Primary Suits Filed31192752125112721665649153424
Intervenor Suits606247011661010755
Number of Demand Letters19051610417491668598
Dismissals17723313187292141572281313
Precentage of Primary Suits Filed83.78%100.00%81.82%71.43%84.26%78.13%100.00%71.05%25.00%68.54%98.48%100.00%83.05%68.18%87.43%80%
PBFC&M
PERFORMANCE RECORD
LINEBARGER GOGGAN BLAIR & SAMPSON, LLP
July 1, 2016 - July 1, 2017 -July 1, 2018 -
June 30, 2017June 30, 2018June 30, 20193 Year
League CityKemahAverage AverageAverage Average
DickinsonGalvestonDickinsonGalvestonLeague CityKemahDickinsonGalvestonLeague CityKemah
Collection Records
Number of Accounts1097370123342171837112438792440214191411843535237622818311861
Beginning Delinquent Taxes Receivable(DTR) for
all delinquent tax years on July 1.
$326,000$2,191,891$1,323,814$70,189$977,974$343,015$2,223,746$1,513,476$68,775$1,037,253$391,784$2,953,200$1,815,952$46,939$1,301,969$1,105,732
Total Delinquent Taxes Collected(DTC)$117,346$1,423,005$810,101$43,968$598,605$138,839$716,276$436,853$41,293$333,315$153,400$1,610,278$677,839$14,889$614,102$515,341
Total Penalties and Interest Collected$ 28,194$204,572$98,982$4,766$84,129$40,525$169,676$58,206$4,031$68,110$29,267$222,705$118,492$2,391$93,214$81,817
Collection Percentage (DTC/DTR) for all
delinquent tax years
36.00%64.92%61.19%62.64%56.19%40.48%32.21%28.86%60.04%40.40%39.15%54.53%37.33%31.72%40.68%46%
Litigation Records
Suits Filed102325165161524618384148253293696105113
Primary Suits Filed561156686135136681163432195358068
Intervenor Suits11233413200373151923741614
Number of Demand Letters98621571023324112310141489698210853426137664894636870
Dismissals0000000000000000
Precentage of Primary Suits Filed54.90%35.38%40.00%50.00%45.07%76.09%74.32%80.95%78.57%77.48%81.13%74.74%76.81%83.33%79.01%67%
LGB&S
PERFORMANCE RECORD-UPDATED
LINEBARGER GOGGAN BLAIR & SAMPSON, LLP
July 1, 2016 - July 1, 2017 -July 1, 2018 -
June 30, 2017 June 30, 2018 June 30, 2019 3 Year
DickinsonGalvestonLeague CityKemahAverageDickinsonGalvestonLeague CityKemahAverageDickinsonGalvestonLeague CityKemahAverageAverage
Collection Records
1831
Number of Accounts109737012334217183711243879244021419141184353523762281861
Beginning Delinquent Taxes Receivable(DTR) for
all delinquent tax years on July 1.$326,000$2,191,891$1,323,814$70,189$977,974$343,015$2,223,746$1,513,476$68,775$1,037,253$391,784$2,953,200$1,815,952$46,939$1,301,969$1,105,732
Total Delinquent Taxes Collected(DTC)$117,346$1,423,005$810,101$43,968$598,605$138,839$716,276$436,853$41,293$333,315$153,400$1,610,278$677,839$14,889$614,102$515,341
Total Penalties and Interest Collected$ 28,194$204,572$98,982$4,766$84,129$40,525$169,676$58,206$4,031$68,110$29,267$222,705$118,492$2,391$93,214$81,817
Collection Percentage (DTC/DTR) for all
delinquent tax years36.00%64.92%61.19%62.64%56.19%40.48%32.21%28.86%60.04%40.40%39.15%54.53%37.33%31.72%41%46%
Litigation Records
Suits Filed6411799127355136105147852221909$9381
Primary Suits Filed53115668613513668116343219535$8068
Intervenor Suits1123341320037315192374$1614
Number of Demand Letters98621571023324112310141489698210853426137664894$636870
Dismissals46210998911147163191074161$2545
Precentage of Primary Suits Filed82.81%98.29%66.67%66.67%78.61%63.64%100.00%64.76%78.57%76.74%82.69%99.10%58.89%55.56%74.06%76%
Page 1S:\\Purchasing\\2020 FY\\RFP's\\#20503 Delinquent Tax Collection Services\\Evaluations\\Performance Record for COLP
PERFORMANCE RECORD
LINEBARGER GOGGAN BLAIR & SAMPSON, LLP
July 1,2016-July 1, 2017-July 1, 2018- 2 Year
CITY OF LA PORTE June 30, 2017June 30, 2018June 30-2019Average
Collection Records
Number of Accounts631362276270
Beginning Delinquent Taxes Receivable(DTR) for Report not
all delinquent tax years on July 1.available*$1,246,362$1,115,846$1,181,104
Total Delinquent Taxes Collected(DTC)$503,202$566,148$690,920$586,757
Total Penalties and Interest Collected$ 101,904$122,881$111,733$112,173
Collection Percentage (DTC/DTR) for all Report not
delinquent tax yearsavailable*45.42%61.92%53.67%
Litigation Records
Suits Filed801179497
Primary Suits Filed11676447
Intervenor Suits69503050
Number of Demand Letters0511946703263
Dismissals16434836
Precentage of Primary Suits Filed13.75%57.26%68.09%46.37%
*Linebarger could not provide the information for this time period
PERDUE BRANDON FIELDER COLLINS & MOTT, LLP
July 1,2013-July 1, 2014-July 1, 2015- 3 Year
CITY OF LA PORTE June 30, 2014June 30, 2015June 30-2016Average
Number of Accounts7846689568537198
Beginning Delinquent Taxes Receivable(DTR) for
all delinquent tax years on July 1.$1,015,993 $1,026,752$953,318$998,688
Total Delinquent Taxes Collected(DTC)$333,334$457,061$403,602$397,999
Total Penalties and Interest Collected$ 171,046$177,948$198,085$182,360
Collection Percentage (DTC/DTR) for all
delinquent tax years32.81%44.52%42.34%39.89%
Litigation Records
Suits Filed347258273293
Primary Suits Filed338240255278
Intervenor Suits9181815
Number of Demand Letters95524765
Dismissals751087285
Precentage of Primary Suits Filed97.41%93.02%93.41%94.61%
Page 1S:\\Council Agendas\\CITY COUNCIL DRAFT FOLDERS\\2020 meetings\\3-23-2020\\Finance\\Performance Record for COLP
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: March 23, 2020
Requested By: Source of Funds: N/A
Mayor Rigby
Department:
City Council
Account Number: N/A
Amount Budgeted: N/A
Report Resolution Ordinance
Amount Requested: N/A
Exhibits:
Budgeted Item: Yes No
SUMMARY
The City Council appoints the City Manager, City Secretary, Municipal Judge and City Attorney.
The City Manager, City Secretary and Municipal Judge receive an annual evaluation. Last year
stth
the Municipal Judge was evaluated on April 1, the City Manager was evaluated on July 7 and
nd
the City Secretary was evaluated on July 22. With the election occurring on May 2, 2020, I
wanted to have a discussion with Council concerning the process to evaluate these three
positions in 2020.
RECOMMENDED MOTION
Make a motion to direct the Human Resource Manager the process for the 2020
evaluation process for the City Manager, City Secretary and Municipal Judge.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: March 23, 2020
Requested By: Mayor Rigby Source of Funds: N/A
Department: City Council
Account Number: N/A
Amount Budgeted: N/A
Report Resolution Ordinance
Amount Requested: N/A
Exhibits: Ord. 2020-3786
Budgeted Item: Yes No
Adopted Rules of Procedure
SUMMARY
Following extensive review, the City Council Rules of Procedure and Ethics Policy were
updated and adopted as a combined document at the January 13, 2020, City Council
meeting. The most current edition of (RONR)
was adopted as the parliamentary authority, and no inclusion was made to provide for
a special rule of order for other limits on debate.
RONR provides that members
immediately pending, can speak no longer than ten minutes unless \[the member\]
obtain31-
has a special rule providing otherwise, no member can speak more than twice to the
-389, ll.2).
At the March 9, 2020, City Council meeting, Mayor Rigby announced that the Council
would follow the RONR limit on debate until it could consider a revision to the adopted
Rules of Procedure. A majority vote of the Council is required for adoption of a special
rule of order for its proceedings.
NOTE - Regardless of what is adopted, the Council, Section 8 of the Rules of Procedure
allows that the Council may temporarily suspend any provision of the document not
otherwise governed by the City Charter, City Code, or other law with a two-thirds vote.
(This is in accordance with RONR as well, which also notes that an assembly may
choose to vote to limit or extend the limits of debate, for a pending question or for a
single session, with a two-thirds vote.)
RECOMMENDED MOTION
I move to adopt Ordinance 2020-3786 amending the City Council Rules of
Procedure by inserting new language as 6.06 (F) to provide for the general limits
of debate as follows: (the motion may be on the number of times a member may
speak on an immediately pending question, length of time a member speaks,
overall length of debate for a question, overall number of speakers for/against a
question, or some combination of these variables).
ORDINANCE NO. 2019-3786
AN ORDINANCE AMENDING 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. of the City Charter of the City of La Porte provides that
WHEREAS, the City Council adopted Ordinance 2019-3758 on January 13, 2020, updating the
organization and procedures for City Council meetings as a combined document with their Ethics Policy;
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 Act Notice. The City Council officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the City for the time required by law
preceding this meeting, as required by the Open Meetings Act, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required by law at all times during which
this ordinance and the subject matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms such written notice and the contents
and posting thereof.
Section 3. Repeal. Ordinance 2020-3758 are repealed as of the effective date hereof. All ordinances or parts of
ordinances in conflict herewith are hereby repealed to the extent of such conflict only.
Section 4. Effective Date. This ordinance shall take effect immediately upon its passage and approval.
PASSED AND APPROVED, this ________ day of _______________________, 2020.
CITY OF LA PORTE, TEXAS
__________________________________
Louis R. Rigby, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ __________________________________
Lee Woodward, City Secretary Clark T. Askins, Assistant City Attorney
CITY COUNCIL
RULES OF PROCEDURE
AND ETHICS POLICY
Amended January 13, 2020, by Ord. 2019-3758
First Adopted July 28, 2003
TABLE OF CONTENTS
Section 1 GENERAL 2
Section 2 AUTHORITY 2
Section 3 - MEETINGS
3.01. Regular Meetings 2
3.02. Special Meetings 2
3.03. Agenda 2
Section 4 - STANDARDS OF CONDUCT
4.01. City Councilpersons 3
4.02. Council Relations with the Media 3
Section 5 - DUTIES AND PRIVILEGES OF COUNCILPERSONS
5.01. Seating Arrangement 3
5.02. Conflict of Interest 3
5.03. Voting 3
Section 6 - CHAIR AND DUTIES
6.01. The Presiding Officer - Duties 4
6.02. Call to Order Presiding Officer 4
6.03. Roll Call 4
6.04. Quorum 4
6.05. Order of Business 4
6.06. Rules of Debate 5
6.07. Addressing the Council 5
6.08. Silence Constitutes Affirmative Vote 6
6.09. Decorum 6
6.10. Enforcement of Decorum 7
6.11. Special Committees 7
6.12. Ordinances, Resolutions, and Contracts 7
6.13. Reports and Resolutions to be Filed with the City Secretary 7
Section 7 - CITY COUNCIL COMMITTEES
7.01. Council Committees Established 7
7.02 Appointment 7
7.03. Council Committee Meetings 8
7.04. Council Ad Hoc Committees 8
Section 8 - RULES SUSPENSION 8
APPENDIX City Council Ethics Policy 9
1
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
such times as may be prescribed by its rules but not less frequently
a
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
2
Council meeting (and a commensurate period for special meetings). Deviations from the deadlines,
or the submission of additional items either past the established deadlines or once the agenda has
been 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(s) 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
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.
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 Policy, attached as Appendix A),
shall not vote on the matter, shall not participate in discussions regarding the matter or attempt to
any way, shall not attend executive sessions
regarding the matter, and shall otherwise comply with the state law and city ordinances concerning
conflicts of interest including Chapter 171 of the Local Government Code.
5.03. Voting.
(A) When a vote is called, every member present shall vote either "Aye" or "No" or shall abstain.
(B) Any vote to which there is an objection shall be taken by counted vote; except that, on the
3
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 and 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 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. Quorum. A majority of all of the members of City Council shall constitute a quorum at any
regular or special meeting of the Council, except where provided otherwise under state law. 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. Citizen Comment
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)
4
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 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.
(A) Citizen Comment - Before each meeting of City Council the City Secretary shall make
Citizen 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.
Individuals may address the Council by oral communication by completing all requested
information on the Citizen Comment form and placing it at the City
dais, not later than five (5) minutes before commencement of the meeting.
Each person addressing the Council shall step up to the podium, shall give his/her name and
address for the record, 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.
5
Persons wishing to address the Council on more than one agenda item or topic in a single
meeting must speak on all such agenda items or topics during their presentation. Additional
time is not given for additional items (however, emailing, writing, calling, or visiting with
Councilpersons outside of meetings is, of course, unlimited). This requirement does not
restrict anyone from also speaking at any public hearing (see additional information below).
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.
(B) Public Hearings - Public hearings provide municipal residents and affected parties an
opportunity to be heard, typically on certain land use items or the annual adoption of the
municipal budget and tax rate.
There is not a form or sign up requirement for public hearings at City Council meetings.
Each person addressing the Council shall step up to the podium and shall give his/her name
and address for the record. 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.
6.08. 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.
6.09. 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.
(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,
subject to loss of speaking privileges unless permission to continue be granted by a majority
vote of the Council.
Reactions from the audience following the recognition and rewarding of citizens and special
guests is considered appropriate and encouraged. Disruptive verbal and/or non-verbal
reactions from the audience during staff presentations to the Council and during debate
between Councilpersons are inappropriate and are not permitted. The presiding officer will
ensure that the decorum of the meeting is maintained and is appropriate.
No offensive, vulgar, or distracting placards, banners, signs, or apparel shall be permitted to
be erected or displayed by persons in attendance in the City Council chamber or in any other
room in which the City Council is holding a meeting. Exhibits, displays, and visual aids used
in connection with presentations to the City Council are permitted.
6
6.10. 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
unless otherwise directed by a majority vote of the Council, it shall be the duty of the designated
Sergeant(s)-at-Arms to remove any person who violates the order and decorum of the meeting.
6.11. Special Committees. The establishment of and appointment of members to all special
committees shall be decided by a majority vote of the Council, unless otherwise prescribed by the
City Charter or other action of the Council.
6.12. 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.
6.13. 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
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
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. 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.
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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,
charitable, fraternal, or civic organization does not create for that city official or employee
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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 members means the spouse, children, brothers, sisters, and parents
(including any such step- or half- relations) 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.
(b) The effect of the action on that interest is direct, and not secondary or indirect.
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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 state law if he/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 immediate family member, 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 immediate family
member, who is a city officer or employee, to which the immediate family member
has access by virtue of the immediate family member's office or employment and
that has not been made public, in a manner prohibited as to the immediate family
member under state law; or
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(3) Misuses, as defined in Texas 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 immediate family member who is a city officer or
employee.
(B) Representation and appearance at meetings. No city official or employee shall
knowingly:
(1) Appear before the body of which the officer or employee is a member, or otherwise
participate in any proceedings, as a representative for any private person, including
the officer or employee or any immediate family member, except that an official
or employee may represent their interests in their own property before a board,
agency, commission or department of the city.
(2) Participate in any proceedings, directly or indirectly, wherein the official or
employee represents the interests of any outside employer, business entity, group
or interest in any matter, action or proceeding against the interests of the city or in
any litigation in which the city or any department, agency, commission or board
thereof is a party;
(3) Accept other employment or engage in outside activities incompatible with the full
and proper discharge of city duties or that might impair independent judgment in
the performance of city duties; or
(4) Make a false statement of material fact at a public meeting. This subsection shall
not be construed to deprive an officer or employee of the right to due process under
the law, including the right to represent himself/herself in a court proceeding.
(C) Representation by council members. No city council member shall knowingly represent
any private person, including the city council member or any immediate family
member, or any outside employer, business entity, group or interest in any matter
before any department, agency, commission or board of the city, except that city
council members may represent their interests in their own property before a board,
agency, commission or department of the city.
(D) Representation in municipal court. In any action or proceeding in the municipal court
which is instituted by a city officer or employee in the course of official duties:
(1) No city council member shall knowingly represent any private person other than
himself or herself. If a city council member elects to have a trial in municipal court,
the city council, without the participation of the affected city council member, will
appoint a special judge to preside over the trial.
(2) No city officer or employee shall knowingly represent any private person other
than himself or herself, including any immediate family member, or any group or
interest.
(E) Representation in land use and development matters. A member of the planning and
zoning commission shall not knowingly represent the member or any other person,
group or interest in any matter before the zoning board of adjustments involving land
use or development, and a member of the zoning board of adjustments shall not
knowingly represent the member or any other person, group or interest in any matter
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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.
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