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Home My WebLink About1976-09-08 Regular MeetingMINUTES - REGULAR MEETING • OF THE LA PORTE CITY COMMISSION, LA PORTE, TEXAS SEPTEMBER 8, 1976 7:00 P.M. MEMBERS OF THE COMMISSION PRESENT: Mayor J. J. Meza, Commissioners Bill Love, I. J. Kibodeaux, Virginia Cline and Tom C. Simons. MEMBERS OF THE COMMISSION ABSENT: None OTHER CITY OFFICIALS PRESENT: Betty Blackmon, Assistant City Clerk; Knox Askins, City Attorney; Robert Hall, Assistant Chief of Police; Joe Sease, Fire Chief; Frank Hradesky, Director of Public Works; Royal Shepherd, Assistant Director of Public Works. OTHER CITY OFFICIALS ABSENT: Larry L. Broussard, Director of Finance; Margie Goyen, City Clerk. OTHERS PRESENT: Dave Corbin of Busch, Hutchison & Associates, Inc., Consulting Engineers. PRESIDING: Mayor Meza. + + + I. CALL TO ORDER - Mayor Meza called the meeting to order. + + + 2. INVOCATION - The invocation was given by Commissioner Kibodeaux. I• + + + Regular Meeting 9/8/76 2 • 3. APPROVAL OF MINUTES - REGULAR SESSION - AUGUST 16, 1976 - APPROVAL OF MINUTES - SPECIAL SESSION - AUGUST 30, 1976 - Commissioner Cline stated there were two corrections to the minutes of the regular meeting, item #5 paragraph 9 should read, motion by Commissioner Cline that the budget hearing be adjourned until the meeting of September 8, 1976. Motion by Commissioner Love this correction be made and seconded by Commissioner Kibodeaux. Item #20 regarding ordinance #1047 should read, ayes, Commissioner Love, Commissioner Kibodeaux, and Commissioner Simons, nays, Commissioner Cline. Motion by Commissioner Kibodeaux, seconded by Commissioner Cline to approve the minutes of the regular meeting of August 16, 1976, as presented, subject to the above corrections. Motion by Commissioner Cline, seconded by Commissioner Kibodeaux to approve the minutes of the special meeting of August 30, 1976, as presented. Motions carried by the following vote: AYES: Commissioners Love, Kibodeaux, Cline, and Simons. NAYS: None. • + + + 4. APPROVAL OF ACCOUNTS PAYABLE - Motion by Commissioner Love, seconded by Commissioner Cline to approve the accounts payable as presented. A copy is attached and made a part of these minutes. Motion carried by the following vote: AYES: Commissioners Love, Kibodeaux, Cline, and Simons. NAYS: None. + + + 5. VISITORS WISHING TO ADDRESS THE COMMISSION - Mr. J. J. Liddell, 10311 Collingswood Road was recognized and addressed the Commission regarding a citation by the City in violation of ordinance 909, two automobiles cited as junk cars. Mr. Liddell produced pictures supporting his claim that these were not junk cars, that all had motor vehicle inspection stickers and current license plates. Mr. Liddell read statutes from two sources defining junk vehicles. Mr. Liddell was advised by Mr. Knox Askins to present his case to Judge Williamson. . Mr. Liddell also addressed the Commission regarding the possibility of passing an ordinance prohibiting the use of private driveways to turn around, or blocking a private driveway by parking. • . Regular Meeting 9/8/76 • Mr. Knox Askins stated he felt tttie City was adequately covered against the violations by trespassing and or parking ordinances already in force. Mr. Liddell was advised that when these violations occurred he should get the license number and identify the person driving and .file a complaint with the Police Department. - 0 - 3 Mr. S. L. Cooper, Jr., 217 Sylvan was recognized and addressed the Commission regarding the residence at 219 Sylvan. Mr. Cooper stated that a concrete slab had been poured over the alley and a cyclone fence erected over and around this slab for a dog run. Mr. Cooper stated this caused unsanitary conditions to occur. The Commission advised this matter would be looked into. Mr. Cooper also stated there was an orange dumpster placed on City right of way at this residence. Commissioner Love stated this matter would be attended to. - 0 - Mr. Ed Thompson was recognized and addressed the Commission • regarding the backing up of sewage from the City sewer main into his home. Mr. Thompson resides at 10122 Catlett Lane. This sewage back up damaged the carpet in his home, Mr. Thompson is asking the City to pay for the cost of these repairs. Mr. Askins requested that Mr. Thompson write a short letter of explanation to Mr. Broussard and attach the bills. Mr. Askins would then determint the City's liability in this matter. Commissioner Love stated he was against any payment. Director of Public Works, Frank Hradesky, explained this matter would attended to this week, the sewer line would be repaired. + + + 6. CONSIDER AWARDING BID - 1,000 FEET FIRE HOSE - Commissioner Cline noted there was a recommendation from Fire Chief Sease recommending the bid be awarded to Fire Fox Corporation. The bid by Fire Fox Corporation was $2,290.00. Motion by Commissioner Simons, seconded by Commissioner Cline for • approval of awarding the bid to Fire Fox Corporation. Motion carried by the following vote: AYES: Commissioners Love, Kibodeaux, Cline, and Simons. NAYS: None. + + + • • Regular Meeting 9/8/76 4 • 7. RATIFY AUTHORIZING MAYOR TO SEND LETTER TO UTILITY COMMISSION OPPOSING SOUTHWESTERN BELL TELEPHONE RATE INCREASE - Motion by Commissioner Simons, seconded by Kibodeaux approving a letter sent to the Utility Commission opposing the rate in- crease by Southwestern Bell Telephone. Motion carried by the following vote: AYES: Commissioners Love, Kibodeaux, Cline, and Simons. NAYS: None. + + + 8. CONSIDER APPROVING RESOLUTION N0. 76-4 - PUBLIC RETIREMENT - Mr. IKhox Askins read the resolution to the Commission. Motion by Commissioner Cline, seconded by Commissioner Simons for approval of this resolution. Motion carried by the following vote: AYES: Commissioners Love, Kibodeaux, Cline, and Simons. NAYS: None. + + + 9. CONSIDER AUTHORIZING CHANGING ASSESSED VALUATION FIGURE FOR 1976-1977 BUDGET - Mr. Knox Askins read a letter from Mr. Hugh Landrum explaining the necessity for this change. Mr. Askins stated the letter should be made a part of the minutes and a part of the budget. Motion by Commissioner Simons seconded by Commissioner Love for approval that this letter from Mr. Hugh Landrum be made a part of the minutes and a part of the budget. Motion carried by the following vote: AYES: Commissioners Love, Kibodeaux, Cline, and Simons. NAYS: None. + + + 10. CONSIDER CHANGING REGULAR MEETING OF OCTOBER 18, 1976, TO OCTOBER 20, 1976, AT 7:00 P.M., DUE TO WATER WORKS SCHOOL - Motion by Commissioner Cline, seconded by Commissioner Kibodeaux for approval of changing the regular meeting from October 18, 1976 to October 20, 1976. Motion carried by the following vote: • AYES: Commissioners Love, Kibodeaux, Cline, and Simons. NAYS: None. + + + • • Regular Meeting 9/8/76 • II. CONSIDER CHANGING REGULAR MEETING OF NOVEMBER 15, 1976, DUE TO TEXAS MUNICIPAL LEAGUE CONFERENCE - Consideration was given to changing the regular meeting from November 15, 1976 to November 22, 1976. Motion by Commissioner Kibodeaux, seconded by Commissioner Cline for approval. Motion carried by the following vote: AYES: Commissioners Love, Kibodeaux, Cline, and Simons. NAYS: None. + + + 12. CONSIDER APPOINTING AUDITOR FOR 1975-1976 FISCAL YEAR Motion by Commissioner Cline, seconded by Commissioner Kibodeaux approving the appointment of Eugene Hovey as auditor with the proviso the audit be completed by the second Commission meeting in December. MotFon carried by the following vote: AYES: Commissioners Love, Kibodeaux, Cline, and Simons. NAYS: None. • + + + 13. CORRESPONDENCE - Mayor Meza read a letter from Decker McKim s Gallery of Homes listing some property available for a new City Hall. This matter will be considered. + + + 5 14. DISCUSSION OF DEPARTMENT PROJECTS - Mayor Meza called for discussion on any department projects. Mr. Frank Hradesky reported on several projects; water withdrawal and pumpage a report is attached and made a part of the minutes; a cost estimate for two water lines on Carlow Lane and Winding Trail cost estimate is attached; sewer main at Airport, installing a manhole instead of a clean out plug; a new incubator; repair of sewer at Fairmont Park; Aorta-cans or permanent installations for City recreation. + + + • • • Regular Meeting 9/8/76 6 • 15. EXECUTIVE SESSION - V.A.T.S. - ARTICLE 6252-17 - SECTION 2 (G) (PERSONNEL) - Motion by Commissioner Kibodeaux, seconded by Commissioner Simons that the meeting recess for an executive session. Motion carried by the following vote: AYES: Commissioners Love, Kibodeaux, Cline, and Simons. NAYS: None. The meeting recessed at 9:07 P.M. The meeting reconvened at 9:25 P.M. + + + 16. RATIFY THE EMPLOYMENT OF FRANK HRADESKY AS DIRECTOR OF PUBL:LG WORKS AND CITY ENGINEER - Motion by Cmmmi~ssioner Kibodeaux seconded by Commissioner Cline to ratify the employment of Frank Hradesky as Director of Public Works and City Engineer. Motion carried by the following vote: AYES: Commissioners Love, Kibodeaux, Cline, and Simons. NAYS: None. • + + + 17. ADJOURNMENT - Motion by Commissioner Love, seconded by Commissioner Simons that the meeting adjourn. Motion carried by the following vote: AYES: Commissioners Love, Kibodeaux, Cline, and Simons. NAYS: None. The meeting adjourned at 9:38 P.M. Betty BI ckmon, Assistant City Clerk Passes and approved this the 20th day of September, 1976. • J. J. Meza, Mayor i • ~ • • r AUTHORIZED DISBURSEMENTS PAGE 1 08-31-76 • flr AUTOMATED BUILDING SERVICES CHLORINE 002-775-201.00 202.50 08-31-76 1645 4>202.50 ADMIRAL LINEN SERVICE UNIFORMS ' 001-703-202.00 31.23 001-706-ZOZ.00 22.50 ;1~ ~ t 9! S !1 ~,~'~, 001-707-210.00 12.45 001-710-202.00 25.36 001-750-759.00 379.80 OOZ-775-205.00 132.80 08-31-7b 1696 4;604.14 A. G. BAILEY CO. CHLORINATOR PARTS OOZ-775-425.00 192.24 OtJ-31-76 1647 4;142.24 BROADWAY WRECKING A/C HOSE 001-704-402.00 12.50 08-31-76 1698 4;12.50 BAY REFRIGERATION CHARGING VALVE 002-775-425.00 37.00 08-31-76 1699 4;37.00 BIN5WI~NGER GLA55 GLASS 001-700-301.00 25.00 08-31-76 1700 X25.00 BIJSCH, HUTCHISON INSPECT.-1bTH ST. 001-278-104.00 336.80 08-31-76 1701 4:336.80 BLUE CR055-BLUE SHIELD EMP. HOSP. • 001-750-753.00 4992.19 08-31-76 1702 $4.992.19 RAGE TOTALS 6402.37 ~_ ~ u u ~ N EN AUTHORIZED ~1 BU08 z~ PAGE 3 r EUREAU OF BU5I NE55 PRACTICE SAFETY POSTERS 001-710-205.00 31.68 ~. 08-31-76 1703 X31.68 ~ BAYTOWN COMMUN ICATION AMPLIFIER. REPAIRS 001-228-011.00 518.80 ~ 001-707-407.00 54.00 001-710-404.00 90.00 - - 76.62 i 002-775-605.00 0E-31-76 1704 X739.42 ~~ BRIGGS-WEAVER GLOVES. HARD HATS 001-706-205.00 140.16 t 0~3-31-76 1705 1~140.16 r BROWM & RDOT TYPE "D" HMAC 001-709-302.00 1752.00 ~ OD-31-76 1706 1:1,752.00 • MORRIS COVIN & ASSOC. POLYGRAPH t 001-707-512.00 25.00 08-31-76 1707 1:25.00 DANIEL'S DUMP TRUCK LIMESTONE 001-228-010.00 3778,.50 001-709-302.00 265.65 08-31-76 1708 ~4~044.15 DYNATEK MOSaUITO SPRAY 001-709-206.00 916.50 ~ 08-31-76 1709 X916.50 DIXIE CHEMICAL CO. CHLORINE . ~ 002-775-201.00 150.00 08-31-76 1710 1;150.00 EMBRY ENGINE REPAIR GENERATOR 001-703-402.00 346.44 {• 08-31-76 1711 1;346.44 E PAGE TOTALS 8145.35 RUTHDRIZED DI5BUR5EMENTS PAGE 3 08-31-76 ~ ENTEX NATURAL GAS • 001-700-508.00 16.30 ~ 001-703-508.00 9.78 001-706-508.00 18.01 001-710-508.00 7.24 ~ 001-707-508.00 6.24 002-775-602.00 9.54 OS-31-76 1712 X67.11 ~ FDRMCRAFT. INC. TAX FORMS 001-700-203.00 66.48 ~ 08-31-76 1713 X66.48 FIREHOUSE MAGAZI NE 5UBSCRIPTION ~ 001-703-513.00 19.20 " 08-31-76 1714 X19.20 r ,- G~tOUP L I FE & HEA LTH EMP . L I FE I NS . • 001-201-004.00 97.00 08-31-76 1715 9;97.00 GULF DIL CO. GA50LINE. 5UPPLIES 001-710-207.00 2259.32 08-31-76 1716 9;2,259.32 HOUSTON FIRE & S AFETY EXTINGUI5HER5 001-700-510.00 155.00 08-31-76 1717 X155.00 F6f1U570N WELDING OXYGEN 001-703-206.00 24.75 ~ 08-31-76 1718 X24.75 ~ ~f~QUSTDN LIGHTING & POWER ELECTRICITY 001-700-507.00 383.04 ~ 001-703-507.00 231.25 001-706-507.00 917.26 l• 001-707-507.00 231.25 ~ 001-709-405.00 95.69 002-775-601.00 1324.38 ~ 08-31-76 1719 X3.182.87 • PAGE TOTALS 5871.73 AUTHORIZED DISBURSEMEN TS PAGE 4 08-31- 76 HOUSTON LIGHTING & POW ER STREET LIGHTING 001-709-405.00 1386.06 08-31-76 1720 X1.386.06 INTER5TATE BATTERY BATTERIES 001-115-000.00 92.10 08-31-76 1721 X92.10 II IN5TRUMENT OQUIPMENT REPAIR CHLORINATOR OOZ-775-415.00 56.06 08-31-76 1722 X56.06 ~. V. AUTO EQUIPMENT FITTINGS 001-710-404.00 36.45 GO-31-76 1723 X36.45 K & MACHINE BRA55 BUSHINGS 001-709-402.00 14.00 08-31-76 1724 X14.00 L & L ENGRAVING PLAQUE 001-700-510.00 40.80 OS-31-76 1725 X40.80 LA PORTE RADIATOR A/C REPAIR 001-707-402.00 67.63 08-31-76 1726 X67.63 LANSDOWNE-MOODY PARTS FOR MOWER 001-709-402.00 100.88 08-31-76 1727 X100.88 LUMU5 BAYTOWN DODGE A/C COMPRESSOR. PARTS 001-115-000.00 10.11 001-703-402.00 19.56 001-707-402.00 125.55 OS-31-76 1728 X155.22 MOBIL CORP. GASOLINE 001-707-520.00 16.77 08-31-76 1729 X16.77 PAGE TOTALS 1965.97 • FtUTHORIZED DISBURSEMENTS PAGE 5 08-31-76 M-5 SALES 001-707-ZO6.00 08-31-76 1730 DR. G. M. MILLER 001-707-510.00 OE3-31-76 1731 MC3RGAN' S AUTO . 001-708-402.00 08-31-76 1732 aAY MARK5 CHEVROLET 001-704-402.00 001-707-402.00 001-708-402.00 08-31-76 1733 NATIONAL CHEMSEARCH 001-708-206.00 002-775-201.00 08-31-76 1734 NIXDORF COMPUTER 001-700-203.00 08-31-76 1735 NATIONWIDE PAPERS 001-701-205.00 001--7Cib- ?..G j . (~(~ 08-31=76 1736 OLIVETTI CORP. 001-700-403.00 08-31-76 1737 PLACATION POOLS 001-706-206.00 08-31-76 1738 PAGE TOTALS • CHEM. PRINT 7.15 X7.15 WORK PHYSICAL 20.00 $zo.oo FLYWHEEL 15.00 $15.00 PARTS. REPAIRS 11.25 17.05 36.42 ~b4.72 DISINFECTANT. PUMPS 488.25 376.07 X864.32 RIBBONS. GUIDES 54.15 X54.15 TOWELS 14.80 55,30 X70.10 MAINTENANCE AGREEMENT 95 .00 . X95.00 TEST TABLETS 1.95 X1.95 1192.39 i~~b • • i AUTHORIZED DISBURSEMEN TS PAGE 6 08-31- 76 ~ PARKER BROTHERS CONCRETE • 001-709-302.00 196.82 t 08-31-76 1739 X196.82 PFEIFFER-GAMBRELL MATERIAL. P. W. ~ 001-700-301.00 12.64 001-706-301.00 24.50 001-"110-301.00 292.30 ~ 002-775-416.00 24.00 08-31-76 1740 $353.44 QUALITY TRUCK SALES TRANSMISSION 001-708-402.00 200.00 t, 08-31-76 1741 9;200.00 f kED'S SAFE & LOCK KEYS 001-710-205.00 22.10 ~- 08-31-76 1742 X22.10 • REEDER PLUMBING FITTINGS ~ 001-228-011.00 28.45 08-31-76 1743 X28.45 r THE ROHAN CO. METERS. CLAMPS 002-115-000.00 1394.62 002-410-412.00 6800.00 08-31-76 1744 1;8.144.62 SAFETY-KLEEN CORP. OIL FILTER5 001-115-000.00 97.80 08-31-76 1745 X97.80 i SUPER X DRUGS FRAMES. COOLERS 001-706-205.00 2.33 t, 001-703-211.00 3.63 ( 001-708-205.00 73.28 08-31-76 1746 X74.24 i~ ~ PAGE TOTALS 9172.47 • • ( AUTHDRIZED DISBURSEMENTS PAGE 7 08-31-76 ( SHERWIN-WILLIAM5 SANDING DISCS • 001-710-402.00 ; 15.59 ( . .. 08-31-76 1747 . $15.59 STEP{TENS-BAKER PUBLIC OFFICIAL ( 001-750-757.00 1718.72 ( 08-31-76 1748 X1,718.72 SHARP GRAIN CO. BlJRBWIBDS ( 001-710-206.00 17.38 08-31-76 1749 X17.38 ~~ ~,[IUTHWESTERN BELL PHDNE SERVICE 001-707-511.00 52.80 08-31-76 1750 X52.80 STANDARD COFFEE COFFEE SUPPLIES 001-700-201.00 48.03 ~ 001-703-201.00 34.41 • 001-710-201.00 57.49 ( 08-31-76 1751 X139.93 TRIPLE 5 TIRE TIRES 001-115-000.00 13.25 001-709-402.00- 37.70 001-710-402.00 160.40 OB-31-76 1752 X211.35 TEXAS SURPLUS PROPERTY GENERATORS, CHAIRS 001-703-934.00 58.50 ( 001-710-205.00 15.30 08-31-76 1753 X73.80 ( TEXAS DEPT. OF CORRECTIONS NAME PLATES 001-704-205.00 3.24 001-710-205.00 3.Z4 ~• 08-31-76 1754 $6.48 PAGE TOTALS 2236.05 ., ., .~ • AUTHORIZED DISBURSEMENTS PAGE 8 08-31-76 TRI TON MFG. CO. TRIVEX. CLEANER 001-710-206.00 57.50 i 002-775-425.00 75.00 08-31-76 1755 X132.50 i~ TUM-KEN PRINTING PRINTING. SUPPLIES ~ 001-700-204.00 64.40 t. 001-707-203.00 20.55 001-704-204.00 26.00 _ 001-705-204.00 135.00 001-711-204.00 22.50 08-31-76 1756 $268.45 TttI-CITY EXTERMI NATING TERMITE INSPECTION 001-706-510.00 30.00 08-31-76 1757 X30.00 l UNI-CHEM CORP. JANITORIAL SUPPLIES 001-703-403.00 118.45 08-31-76 1758 X118.45 UTILITY SUPPLY FITTINGS. CLAMPS 002-115-000.00 78.83 OOZ-775-425.00 22.86 08-31-76 1759 X101.71 t WALKER'S SAND CO. SAND 001-704-302.00 10.50 OS-31-76 1760 X10.50 WORTHINGTON ICE MAKER MACHINE RENTAL f ' 002-775-603.00 50.00 t 08-31-76 1761 X50.00 WEST CHEMICAL WASHROOM SANITATION 001-700-509.00 11.00 001-710-509.00 29.90 + 08-31-76 1762 X40.90 PAGE TOTALS 752.51 (__ i t • i 1 I i • l • • AUTHORIZED DISBURSEFIENTS PAGE 9 OB-31-76 k~AUKESHA--PEARCE 001-703-404.00 OB-31-7b 17b3 4JALKER BEARING 001-708-402.00 002-775-416.00 002-775-425.00 OB-31-76 1764 XEROX 001--700-203.00 001-702-205.00 08-31-76 1765 PAGE TQTALS • GENERATOR PART 9.40 X9.40 BELTS 4.72 13.82 4.84 X23.38 SUPPLIESr RENTAL 83.98 43.b5 X127.63 160.41 • • AUTHORIZED DISBURSEMENTS PAGE 10 08-31-76 TOTAL DEBIT POSTED EXPENDITURE 22652.99 REVENUE DEB 6800.00 G/L UEBIT 6446.26 TOTAL GROSS - AISCOUNT = NET CHECK 35899.25 .00 35844.25 2 11021.20 1 24878.05 35849.25 001-101-000.00 35899.25- .00- Fire Department CITY OF LA PORTE INTEROFFICE MEMORANDUM T0: Mayor and City Commission DATE: 9-1-76 FROM: Fire Chief SUBJECT: Fire Hose Bid It is my recommendation that the City accept the low bid of $2,290.00 from Fire Fox Corporation of South Houston, Texas. Respectfully, ~~~--~e_ Joe Sease Fire Chief i - ~ ~ • KNOX W. ASKINS, J. D. ATTORNEY AT LAW • - 122 3. BROADWAY P. O. BOX 1218 LA PORTE, TEXAS 77871 713 471-1886 September 2, 1976 CERTIFIED MAIL (No. 514531) RETURN RECEIPT REQUESTED Mr. Roy Henderson, Director of Hearings The Public Utility Commission of Texas 7800 Shoal Creek Boulevard, Suite 450N Austin, Texas 78757 Re: Southwestern Bell Telephone Company Rate Hearing Docket No. 78 Dear Mr. Henderson: • I represent the City of La Porte, one of the cities served by Southwestern Bell Telephone Company, which has filed proposed tariff changes which would affect the City of La Porte. Pursuant to the provisions of the Public Utility Regulatory Act (Art. 1446c, V.A.T.S.), the City of La Porte wishes to give notice of its intent to intervene in this case. The City of La Porte is classified as a "Second Tier Zone" city within the Houston Metropolitan Exchange, by South- western Bell Telephone Company. As such, customers within the City of La Porte pay higher rates for the various classes of service, than customers within the Principal Zone and. First Tier Zones, within the Houston Metropolitan Exchange. The City of La Porte has long objected to this discriminatory rate treatment by Southwestern Bell Telephone Company, and it is the position of the City of La Porte that the same rates should be set for it, as are finally established by the Public Utility Commission of Texas, for customers within the City of Houston Principal Zone. and First Tier Zone. • • • • Mr. Roy Henderson - 2 September 2, 1976 The City of La Porte respectfully requests the opportunity to be heard on this question, during these hearings. Thank you for your kind assistance in this matter. Yours very truly, I Knox W. Askins City Attorney City of La Porte cc - Mr. D. R. Carpenter, District Manager Southwestern Bell Telephone Company P.O. Box 1530 Houston, Texas 77001 Honorable Mayor and City Commissio • City of La Porte P.O. Box 1115 ,, La Porte, Texas 77571 U `~P` RE?i~~= • • ~/ G 1 ='T~ 2 ` Z ,v vs+GV~,yr ~.~;,~,r1'r a TEXAS NIEfi~ICIPAL RETIRI;NIEI~T SYSTEI[~ 500 PERRY-BROOKS BUILDING~AUSTIN~TEXAS 787O1,AC 512/476-7577 July 22, 1976 T0: THE CITY OFFICIAL ADDRESSED I am enclosing a copy of a resolution that zvas adopted by the Board of Trustees of the Texas Municipal Retirement System at its regular meeting on June 26, 1976. This resoZution.is in reference to H. R. 13040~regarding federal control over aZZ public retirement systems. I am also enclosing a resolution on the. same subject that ryas passed by the Municipal Finance Officers of America at the annual conference • in San Francisco. We raouZd Zike to .urge you to contact your Congressmen and Senators if you feel that H. R. 13040 u~iZZ impose further federal controt on the states and municipalities. One thing that zve are very sure about and that is, to administer the Retirement .System under the bill, if it z~ere passed, u~ouZd be a financial burden. A resolution by your City CouneiZ u~ouZd be most effective and u~ouZd certainly be appreciated by the Board and Staff of the Texas Municipal Retirement System. Thank you for your cooperation in this matter. Sincerely,. - ,~.~ Dean Gorham, Director • Enclosures R~?.I:TI~"? A?~0~'TFD RY THE ROA• OF TPLTSTFF,S OF ~FXA.S °1U:vICIPAL PF ~ IPI''_'•`r'"TT SYST~~,1~' June '?6. 1976 • t,THEREAS, HR 13040 assumes that the regulation and control of retirement plans and programs created and operated by the several states for their employees and those of their political subdivisions is a proper federal function; and WHEREAS, HR 13040 assumes that because there may be some such•public programs that are inadequately funded or administered, all should be sub- jected to scrutiny and regulation by employees of federal boards and. bureaus; and WI-IEREAS, HR 1304~J proposes to subject all public retire:~ent ar.d ben- efit plans to many of the costly and burdensome reporting and disclosure requirements similar to those now imposed on private plans by ERISA, and is but the initial step leading to full regulation and control; and t•?HEREAS, the provision of retirement benefits, is a function of the employment relationship existing between the state and its employees, and is an area into which federal intrusion is unwise, if indeed it is not an unconstitutional invasion of the powers reserved to the States; now there- fore, BE IT RESOLVED BY THE BOARD OF TR.USTFES OF TEXAS I~TUNICIPAL RETIREMENT SYSTEP•1: 1. That this Board hereby expresses its opposition to adoption of • HR 13040 because: (a) it is an unwarranted intrusion into the employment relation- ship between the several States, their subdivisions and their employees; (b) there is at any event no demonstrated need for such legisla- tion, and (c) it has not even been established to this date that the federal regulation and control presently exercised over private plans has a beneficial effect that is greater than its disruptive force. 2. That a copy of this resolution be forwarded to the governing bodies of each of the 312 cities of Texas which are participating munici- palities o:E this System for their consideration and action; and 3. That copies of this resolution be sent to the President of the United States, to the Honorable John Tower and to the Honorable Lloyd Bentsen, United States Senators from Texas; to each member of the Texas delegation to the House of Representatives of the Congress of the Ur_ited States; to the Honorable Dolph Briscoe, Governor of Texas; and to each member of the Senate and. of the House of Pepresentatives of the Legislature of Texas. //,,// • ~ ~~ ~~<~ ~. qo! (rarr~Brp~g ~ BOAR.D OF TRtTSTF.ES) • The following resolution Baas unanimously ac'opted by 2900 delegates • representing, all 50 States at the annual conference of the .Municipal Finance Officers Association of the United States and Canada held on May 5, 1976, in San Francisco, California: RESOLUTIOI`1 WHEREAS, the Employees' Retirement Income Security Act of 1974 for a Congressional study of. public retirement plans with recommenda- tions to be made by December 31, 1976, and WHEREAS, the municipal Finance Officers Association of the United States and Canada, together with other national organizations comprised of public employees and their retirement plans, were re- quested and offered to provide input in the study through supplying statistical and other information relative to public plans to Congress in its effort to develop recommendations, and WHEREAS, HR 9155 was introduced as a skeleton bill in order to have a "vehicle" for hearings on the matters covered under ERISA, which hearings were in fact held and at which many public employee groups and other state and local government officials and organizations testified, and WHEREAS, HR. 13040 was introduced on April 5, 1976, without notifying the groups that had been working with Congress, without completion of the agreed-upon study, without including the Federal public employees, without consideration of the cost to public retire- ment plans as compared to any value that might be received, and without any substantial experience derived from the problems that confronted private plans under ERISA. NOW, THE?2EFORE, BE IT RESOLVED, the Municipal Finance Officers Association of the United States and Canada hereby vigorously opposes the adoption of HR 13040 at this time and in the form as drafted because of inconclusive evidence of the need for such legislation, because of discrimination in not coverinf; federal employees as well as state and local employees, because of total lack of concern as to the legality of infringing on the state and local governments rights to maintain and control their own retirement plans, and because of the premature introduction of federal law for the regula- tion of state and local employee retirement systems prior to completion of the Congressional study mandated by the 1974 ERISA legislation. BE IT FURTHEP. RESOLVED, that the Municipal Finance Officers Association of the United States and Canada hereby requests an opportunity to testify at the appropriate committee hearings to be set on HR 13040 and encourages all other concerned public employee retirement organizations also to seek an opportunity to test~.fy in • opposition to said bill. • RESOLUTION N0. 76-4 WHEREAS, the Employees' Retirement Income Security Act of 1974 for a Congressional study of public retirement plans with recommendations to be made by December 31, 1976, and WHEREAS, the City of La Porte, Texas, the Municipal Finance Officers Association of the United States and Canada, together with other national organizations comprised of public employees and their retirement plans, were requested and offered to provide input in the study through supplying statistical and other information relative to public plans to Congress in its effort to develop recommendations, and WHEREAS, HR 9155 was introduced as a skeleton bill in order to have a "vehicle" for hearings on the matters covered under ERISA, which hearings were in fact held and at which _ many public employee groups and other state and local government officials and organizations testified, and WHEREAS, HR 13040 was introduced on April 5, 1976, without notifying the groups that had been working with Congress, without completion of the agreed-upon study, without including . the Federal public employees, without consideration of the cost to public retirement plans as compared to any value that might be received, and without any substantial experience derived from the problems that confronted private plans under ERISA. NOW, THEREFORE, BE IT RESOLVED, the City of La Porte, Texas, the Municipal Finance Officers Association of the United States and Canada, and other national organizations hereby vigorously opposes the adoption of HR 13040 at this time and in the form as drafted because of inconclusive evidence of the need for such legislation, because of discrimination in not covering federal employees as well as state and local employees, because of total lack of concern as to the .legality of infringing on the state and local governments rights to maintain and control their own retirement plans, and because of the premature introduction of federal law for the regulation of state and local employee retirement systems prior to completion of the Congressional study mandated by the 1974 ERISA legislation. BE IF FURTHER RESOLVED, that the City of La Porte, Texas, the Municipal Finance Officers Association of the United States and Canada, and other national organizations hereby requests an opportunity to testify at the appropriate committee hearings to be set on HR 13040 and encourages all other concerned public employee retirement organizations also to seek an opportunity • to testify in opposition to said bill. PASSED AND APPROVED, this the 8th day of September, 1976. CITY OF LA PORTE ---8 ._ J. J. Meza, Ma or ATTEST: G ~,~ ~ i ~~ City C1 " k • APPROVED: T //// ~~ ~ ~ C~,ty Attorney ~` • Mr. Larry Broussard, City of La Porte P. O. Box 1115 La Porte, Texas 77571 September 2, 1976 • Dear Mr. Broussard: BIGG5, LANDRUM & ASSOCIATES VALUATION ENGINEERS 1320 SOUTH LOOP WEST, SUITE 1H PHONE 748-2801 - 2809 HOUSTON, TEXAS 77054 Tax Assessor-Collector Earlier this year, we gave you an estimate of $146.,130,400 as the total assessed value for 1976 taxes by the City of La Porte. At a tax rate of 92/$100 assessment, this would have generated $1,344,400 in taxes. We also estimated that the City would receive $600,000 from Industrial District "in-lieu" payments for a total of $1,944,400 from ad valorem taxes, neglecting the over 65 and Veteran exemptions. As you pointed out in your telephone conversation yesterday, the 1976 total assessment was $128,240,304, or almost $18,000,000 short of our earlier estimate of assessment. Actually, the total revenue for the City from 1976 taxes, and "in-lieu" payments will exceed our original estimate by more than $100,000. What happened was that I was thinking that our Industrial District contracts called for additional annexation in 1976, and consequently, increased assessments. However, it was brought to my attention that the contracts do not call for additional annexation, but a h~,gh~r "in-lieu" payment as if the annexation had actually taken place. I did not think of the affect this might have on a bond issue, because I realized that the income would be more than anticipated, and this was my main concern. I am sorry for any inconvenience this may have caused you. Please let me know if there is anything further I can do to rectify the matter. Sincerely, HLL:rtb cc: Mayor J. J. Meza City of La Porte P. O. Box 1115 La Porte, Texas 77571 ~~ ~~ HUG~L. LANDRUM,P.E~