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Home My WebLink About1981-08-05 Regular Meeting • MINUTES OF THE REGULAR MEETING OF THE LA PORTE CITY COUNCIL AUGUST 5, 1981 1. Meeting called tc~ girder by Mayor Meza at 7:00 P.M. Members of the City Council Present: Mayor Meza, Council- persons John Longley, Gus Faris, I. J. Kibodeaux, Deotis Gay, Don Skelton, Linda Westergren Members of the City Council Absent: Councilpersons Norman Malone and Tom Simons City Officials Present: City Manager J. R. Hudgens, City Attorney Knox Askins, City Secretary Betty Waters, Police Chief H. F. Freeman, Inspector Lamar Hollaway, Fire Chief Joe Sease, Fire Marshal Paul Hickenbottom Others Present: Jim Hutchison and Dave Corbin of Busch, Hutichison & Associates; Keith Johnson of the Bayshore Sun; • Freida Beaty of the Baytown Sun; John Armstrong, Associate City Attorney. There were 10 citizens present in the Council Chambers. A motion was made • onded by Councilperson Longley. The 0 nays . Ayes: Councilpersons Longley, Faris, Westergren and Mayor Meza Nays: None rove and rney. Sec- , 7 ayes and 2. The invocation was presented by City Attorney Askins 3. Motion was made by Councilperson Skelton to accept the minutes of the Joint Public Hearing and the Regular Meeting of t e aL Porte City Counci e on Ju y 15, 8 Seconded y Council- person Faris. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Longley, Faris, Kibodeaux, Gay, Skelton, Westergren and Mayor Meza Nays: None 4. City Attorney Askins read: AN ORDINANCE AMENDING ORDINANCE NO. 1000 OF THE CITY OF LA PO RTE, TEXAS, DESIGNATING THE AREAS WHERE BEER FOR CONSUMPTION ON THE PREMISES MAY BE SOLD AND PRO- HIBITING THE SALE ELSEWHERE; PROVIDING FOR HOURS OF OPENING AND CLOSING; PROVIDING SALE OF BEER FOR CONSUMPTION OFF PREMI- SES SHALL NOT BE AFFECTED; DEFINING SOURCE OF AUTHORITY; PRO- VIDING THAT NO LICENSE SHALL BE ISSUED EXCEPT FOR THE AREAS HEREIN DESIGNATED; 2104 UNDERWOOD ROAD (THE DOMES)" Kibodeaux, Gay, Skelton • Minutes, Regular Meeting, August 5, 1981, Page 2 5. City Council considered authorizing the Mayor to enter into a contract with the Fire Fighter's Relief and Retirement Fund, Senate Bill 411, on behalf of the La Porte Volunteer Firemen. The contract was read by the City Attorney. A motion was made by Councilperson Kibodeaux to authorize the Mayor to sign the propose contract. Secon ed by Counci person Skelton. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Longley, Faris, Kibodeaux, Gay, Skelton, Westergren and Mayor Meza Nays: None 6. City Attorney Askins read: AN ORDINANCE APPOINTING MEMBERS OF THE ZONING BOARD OF ADJUSTMENT, AND PROVIDING AN EFFECTIVE DATE HEREOF. A motion was made by Councilperson Skelton to adopt and approve Ordinance No. 1267 as read by the City Attorney. Seconded by Councilperson Westergren. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Longley, Faris, Kibodeaux., Gay, Skelton, Westergren and Mayor Meza Nays: None • 7. City Attorney Askins read: RECITING THE HOUSTON LIGHTING & POWER COMPANY (HL&P) TO CHANGE ELECTRIC RATES; SUSPENDING THE HL&P FOR A PERIOD OF ONE HUNDRED TWENTY EFFECTIVE DATE THEREOF. CIRCUMSTANCES OF THE STATEMENT OF INTENT SCHEDULE OF RATES OF (120) DAYS FROM THE A motion was made by Councilperson Kibodeaux to adopt and ap- prove Ordinance No. 1268 as read by the City Attorney. Seconded by Councilperson Skelton. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Longley, Faris, Kibodeaux, Gay, Skelton, Westergren and Mayor Meza Nays: None 8. Council considered a resolution urgint the Texas Legislature to repeal S.B. 621. A motion was made by Councilperson Skelton to approve and adopt Resolution No. 81-17 as read. Seconded by Councilperson Westergren. The motion carried, 7 ayes and 0 nays . Ayes: Councilpersons Longley, Faris, Kibodeaux, Gay, Skelton, Westergren and Mayo Nays : None 9. Council considered closing Street and "I" Street) and • The City Attorney asked if from utility companies and stated that they had. r Meza portions of certain streets ("J" the alleys in blocks 895 and 896. all clearances had been received fees paid? The City Secretary • Minutes, Regular Meeting, August 5, 1981, Page 3 City Attorney Askins read: AN ORDINANCE VACATING, ABANDONING AND CLOSING CERTAIN ALLEYS AND VACATING, ABANDONING AND CLOSING CERTAIN PORTIONS OF CERTAIN STREETS, ALL WITHIN THE CITY OF LA PORTE, HARRIS COUNTY, TEXAS. A motion was made by Ordinance No. 1269 as The motion carried, 7 Ayes: Councilpersons Westergren and Nays: None ~ouncilperson Faris to approve and adopt read. Seconded by Councilperson Kibodeaux. ayes and 0 nays. Longley, Faris, Kibodeaux, Gay, Skelton, Mayor Meza 10. Mayor Meza recognized Jimmie Ray Spradling, 3302 Valley Brooke Drive. Spradling passed copies of letters to the Council that the Fairmont Park Homes Association, Inc., sent to Jim Green of the Harris County Flood Control, and a letter from Jim Green to their Teeter. Spradling: First, I want to talk about drainage.. As far as I am concerned, and a lot of people who live in La Porte agree • with me, drainage is one of the most important things facing us today. There has been a lot written, rumored and spoken about what to do about drainage. Now what I'm hereabout to- night is to try to solicit some aid from the City. As a repre- sentative of the Fairmont Park Homes Association, we have written numerous letter to Harris County Flood Control, month after month every year for the past three or four years. I've talked to them from Jim Green on down to the lesser people up there, and we are not getting anything done in the City of La Porte that I know of. Some of you may be aware of something in this part of the City or some other part of the City that I'm unaware of. Out in the Fairmont Park area, Big Island Slough carries maybe not all the water but most of it, and most of Lomax. This. ditch is silted up badly and grown up badly and it needs some attention. I wrote this letter to Mr. Green, the one I gave you, last October and he wrote me back, saying he would have a drag line in operation shortly to clean it out. Well, I haven't seen anything out there yet. Maybe something is down the road from me, across the parkway south, I don't know. I just haven't seen anything. Also, I attended a meeting Mr. Green was at in January 1980, at the Church on Spencer across from Fairmont Park. He stated at that time there was no reason why it couldn't be cleaned out in 1980. Well, we waited until October before we wrote the letter and then he said he would,. and we talked to him this year and he said he would. They ` haven't yet. I read an article in the paper where he told the • people in Brookglen the same thing. Still nothing has been done. • • Minutes, Regular Meeting, August 5, 1981, Page 4 Now what I don't understand is, Deer Park is getting a lot of work done from the County. They are in the same Precinct we are. They cut one new ditch and part of it is right out there in the field. There's not a house anywhere around it. In Deer Park right now they are doing extensive work right now, concreting some of the ditches; they're going right out by the cemetary. Anyway, they are getting lots of work done. Now, I don't know if our City is not talking to the Commissioners or what, but we're not getting our fair share of the work out in Fairmont Park, and probably the rest of La Porte. Some of this down here is Fonteno's, of course. That part out there is in Bass' precinct and they are getting some work done in Deer Park. I would like to solicit the City's aid. We have gotten the ditches mowed once this year. I think they were mowed once or twice last year, that's about all we ever get done. Oh, sometimes they come in and spray it. But only after we call and call and call various people trying to get them to come out and do something. We feel like the Council has a lot more weight and muscle than we, the Homes Association. You could flex your muscles and maybe get something done. I am convinced • we do get things done by writing letters and calling. I feel like the residents shouldn't have to do all of it. Now they recognize the fact that this is a flood prone area and we con- tinue to approve plats and continue to build houses. Right 'now out in Fairmont Park East, they are putting in facilities to build, I don't know, maybe 1000 homes. Now that's an old rice paddy. Some of you know it. You know what's going to happen. Well, when it floods they are all going to be under water. Now. some people are operating under the illusion that these heavy rains only occur every 100 years. Now, you know what happened in July of '79. People have told me who live in Lomax, they have lived there for 40 years and never had water, but they did then. Again in September, .then again this June. To compound the problem, these contractors come in and they plug up the drainage ditches, storm drains, and etc., .and the water can't get out even if you had the facilities to get it out. I don't know if you are aware of it or not, but they took steps long ago to keep Houston from washing away. I guess you are all aware of the Addicks and Barker reservoir out west of town. Those reservoirs were bought by the Corps of Engineers back in the '40s. The reason was because Houston had a large flood in 1935 and right today, from what I read, if it wasn't for those, Houston would wash right into Galveston Bay. Now that's what's going to happen to us if something isn't. done. Probably going to happen anyway, .because we have waited too long. Every year they say, "Well, we're going to get something • done before the hurricane season." Well, hurricane season is • • Minutes, Regular Meeting, August 5, 1981, Page 5 here again, and we still don't have anything done, just talk. So anyway, we need some things done. Didn't the City have a study done? It's not complete yet? O.K. Then the City of Houston spent over a hundred thousand. Some of them say it's just a waste of money because I think we all know what's wrong. But anyway, I think it's a crime that the City continues to let houses be built in a flood prone area when they know it's going to flood.. I understand from people in Fairmont Park that some of those new homes being built over in the Creekmont subdivision, some of those houses would have had water in them in June, because water was over the slab. That was no rain hardly at all.. So if we get any big rains, all those people are going to be flooded. Spradling passed out another letter, this one from County Commissioner Tom Bass. Spradling: As you can see, this letter is from Tom Bass. It refers to signs on County roads. Now the signs out on Fairmont parkway are a sight. You can't pull off the highway, you can't mow it, if somebody ever decides to mow it, which is doubtful - • it doesn't happen very often. How out there around Bayport Bank, I don't know if any of you have paid any attention to it or not, but it looks kind of like a junk yard. The bank spent quite a bit of money landscaping. and they got signs all over and one sign in the esplanade. It's not a sign saying "Creek- mont", it's a realtor's sign. Mr. Hodge told me he was going to take them down and the City was going to take them down. The City was going to start mowing Spencer because the County wouldn't do it. Somebody mowed a little, but ,the signs are still there. The signs are ugly. I don't know why it isn't stopped. I have talked to various people at the City Hall. People that's responsible, and so far. nothing has been done about that. I would personally like to see some. pressure there. I have written letters, talked to realtors and developers, all to no avail. Now, streets. Some of the streets out in Fairmont are in real bad shape. Farrington is one of them. Jim Hudgens told me in 1979 they were going to fix them then. I don't even know if they've got a time table now or not. But it is in very bad condition. Valley Brook is cracked. and it's getting in the same shape. It's dangerous to travel down it. I'm told one truck going down it and a tire bounced out of the back of the truck and rolled over into somebody's yard. That's bad, when things bounce out of your vehicle like that. There's a hole there at the corner of Farrington and. Catlett that has been • patched and it's sunk and it's been patched again. Typical City job, you all know. Then, when they run the liner through L J • • Minutes, Regular Meeting, August 5, 1981, Page 6 out there, down the middle of Farrington, down the esplanade. Well, of course they really tore the place up out there. Now there are big sink holes out there where the ground has sunk. There are mounds of dirt where the grass has grown over it. They need to be leveled. Then on down by Fairmont Park- way where they put the sewer line it, it's been left that way and this goes on and on, year after year, month after month. These things just stay that way. I don't know if anybody would ever fix them if somebody didn't come down here and say something about it, and I'm not sure they'll fix it then, be- cause I've talked to Mr. Hodge a month ago and he came out and drove around with me and I pointed out some things that needed to be taken care of then. Over at Myrtle Creek there's a big old mound of dirt that needs to be spread that's been there since March. We spend a considerable amount of money out there percentage wise, mowing, edging, watering, planting trees, trying to keep the subdivision looking nice. We get practically no help from the City at all. What the City does do is come out and tear something up and leave it. Now this is something that has bothered me for years. Why do we hire a contractor, let him come in, let him tear things up and let him leave them that way for months? When I talk to Jim and •. some of the other people down here, they say, well, when we get ready for final inspection, they will clean it up. Final inspection may be a year and in the meantime, your City is tore up and looking bad that long. I don't see any sense in this. Right now they are working over east of us. They track mud down those streets and people call me; of course, I can't do anything about it, but if I were manager of this City, I would do some- thing about it. They should be made to provide an access road and not permitted to track mud and heavy equipment up and down the paved streets of our subdivisions. This is done regularly. Contractors come in and do just about what they want to and get away with it. I'll give you a first hand example. Right across the street from me they are building a swimming pool. The first day, I went over to ask that they don't get on my driveway. That driveway. has been jacked up two times; I don't want heavy equipment on my driveway. Well, every day they got on my driveway and they finally broke it. Well, I called the City and talked to Hudgens about it, but first they muddied up the street. They parked a low-boy out and parked it on the street Friday, Saturday and Sunday. They brought the back-hoe on it. It was a very dangerous piece of equipment to be left on the street. I called the police but they probably couldn't get ahold of the owners. It should be put into the permit when they get a permit and by the way, these people didn't get a permit. They came out and went to work without one. But I understand from Mr. Paulissen they eventually did get everything • all straightened out. But anyway, they did this to start off with; they broke my driveway and muddied up the street and then • • • Minutes, Regular Meeting, August 5, 1981, Page 7 I called Jim and talked to him to see if there wasn't any- thing the City. could do about it. He asked me to write a letter. I did; I wrote a letter then I got a letter back from the City saying they couldn't. do anything about it. They could forward my letter to the bonding company and the contractor. That was it. They said it was between me and the contractor. So what it boils down to, is these guys can come into the City, they can run over your driveway, your sidewalk, over your yard, I guess into their house if they want to, and the City says, we can't do anything about it. That's a civil suit between you and them; you'll have to take it to them. We'll do what we can so far as letters is concerned. Now, that's what goes on. Then over there on Rustic Gate another person built a swimming pool; they dumped. a huge pile of sand, sacks of concrete and covered up half of the street, left it there for days. No signs, no blinkers, no nothing. I got calls from some of the people over there. I called Jim; Jim said no, they shouldn't do that. I'll send somebody out there. Well, I don't. know what they did; they left the sand until they got through. Now the way I look at it, if somebody is going to build something •. they should put that stuff in their yard or drive. They shouldn't put it in the street. Then over in Creekmont where the Ryland homes are being built, I went through there one day on Myrtle Creek; they must have had ten yards of bark out in the street. You know, that kind of stuff goes on all the time. You call down here to Jim and you ;get, "Well, .you know, you can't keep the contractor out." Now I'd like to make some sug- gestions. If you've got a contractor comes into this City and doesn't even bother to get a permit, that ought to tell you something right there. I think also, whenever he gets a permit there should be some ground rules and I think if he doesn't abide by them he should be fined. Some rules should be that he shouldn't litter the streets or that he cleans it up if he does. Now it may be impossible to get in and out without it, but he should have to clean it. He shouldn't dump his sand or his bark mulch or dirt or what- ever. These things shouldn't be done. Now I haven't come down here for a long time cause we have had a reorganization of government. I thought I'd give everybody a chance to get their feet on the ground and get going, but we"ve got some things that need to be taken care of in our City. I would like to ask the two men that live in the area where I live to take a look at what I am talking about. Drive through this area and see what is going on as far as drainage. Look at the big mound of • dirt behind the brick wall. Gus, look at Farrington; look at the sink holes and look at the entrance on Fairmont Parkway. That ditch, by the way, is clogged up with dirt. It's been • • • Minutes, Regular Meeting, August 5, 1981, Page 8 left there for months. It's not something that just occurred. Look at Farrington; it doesn't need asphalt on it, either. We've already tried that .and it all came off. And another thing - T came to Jim last July a year ago and asked for street lights at the park. Now the park belongs to everybody, not just. Fairmont Park. It belongs to everybody in this City. It needs some street. lights right there and when there aren't any it's dark, very dark. Well, Jim told me that they had made a mistake, it got bungled up and that's why the lights didn't go up. But still, after a year you begin to wonder why something doesn't get done. You people are our representa- tives. I know they took you to Walden, they. told you what your job was going to be. I think I read that all you are sup- posed to do is set down here and make policy. You aren't sup- posed to get involved in running the City. Now, I differ from that. I think if you are going to be any representative in my district you should get out and look around; maybe in the whole City. Some other Councilman may bring something up that you may have to vote on, and you should do this to be a good councilman. If any of you want to talk to me I am available any time. Let me say I have gone through the proper channels. I talked to Mr. Hodge and Mr. Hudgens, and now I am here. I •- am not getting much results. Out in our park area we have the aristocrats of trees, oak trees, and some die every year be- cause the City tractors keep the bark knocked off. Some die every year. Do you know what they did? They're killing all of them and they went out there and planted four tallow trees. Trash trees! Every horticulturist knows tallows are trash trees. But that's the way we operate here in the City. Some of yqu may think that's silly, doesn't make any difference, but it does make a difference. The quality of what goes into your City matters. It tells you what kind of City you are going to have. It makes a difference what kind of people you are going to attract to your City. In our City they are covering it up with con- tainers down here and they're tearing it up out in other areas and it is going to flood. So what I am asking you Councilmen to do is take a look at what is going on. Thank you. 11. Administrative Reports: Hudgens: Mayor, Chief Freeman brought to my attention this morning the fact that our Detectives have recovered about $40,000 worth of property in addition to 6 stolen cars. I think they are to be commended for this. One other thing - I would like to request a brief executive session. • 12. Council Action Councilperson Longley stated he would be out of town all next week. • • Minutes, Regular Meeting, August 5, 1981, Page 9 Councilperson Faris asked that Council consider changing Council's meetings to Monday nights. Councilperson Westergren asked that discussion of Monday night meetings be placed on the workshop agenda for discussion. 13. Council retired into executive session at 7:42 P.M. Council returned to the Council table at 8:45 P.M. 14. Motion by Councilperson Skelton to adjourn. Seconded by Councilperson Faris. There be~.ng no further business to be brought before the Council, the meeting was duly adjourned at 8:58 P.M. Respectfully submitted: ~ ~~,~Z~ Betty T. Waters City Secretary Passed and approved this •. the 19th day of August, 19 81 J. J. Meza, Mayor • • ORDINANCE NO. 1000- J AN ORDINANCE AMENDING ORDINANCE NO. 1000 OF THE CITY OF LA PORTE, TEXAS, DESIGNATING THE AREAS WHERE BEER FOR CONSUMPTION ON THE PREMISES MAY BE SOLD AND PROHIBITING THE SALE ELSEWHERE; PROVID- ING FOR HOURS OF OPENING AND CLOSING; PROVIDING SALE OF BEER FOR CONSUMPTION OFF PREMISES SHALL NOT BE AFFECTED; DEFINING SOURCE OF AUTHORITY; PROVIDING THAT NO LICENSE SHALL BE ISSUED EXCEPT FOR THE AREAS HEREIN DESIGNATED; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City of La Porte desires to regulate the closing hours for the sale of beer by retailers selling beer for consumption on premises in accord with provisions of Article 667-10-1/2 of the Penal Code of the State of Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. In addition to the locations specified in Sec- tion 1 of Ordinance No. 1000, passed and approved by the City Commission of the City of La Porte on August 19, 1974, the sale of beer shall also be permitted during the hours set by the general laws of the State of Texas at the following location by a retailer selling beer for consumption on premises, to-wit: The property located at 2104 Underwood Road, La Porte, Harris County, Texas, known as "The Domes," being more par- ticularly described on Exhibit "A" attached hereto, incorporated by ref- erence herein, and made a part hereof for all purposes. • Section 2. The sale of beer at said location shall be permitted only in connection with the sale of food. Section 3. Except and to the extent amended hereby, Ordi- nance No. 1000 shall remain in full force and effect. Section 4. The City Council officially finds, deter- mines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at • the City Hall of the City for the time required by law preceding this meeting, as required by the, Open Meetings Law, Article • Ordinance No. 1000- J, Page 2. 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance .and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5. This Ordinance shall take effect and be in • force from and after its passage and approval. ,fj~''y ~iuC~~'~' PASSED AND APPROVED this the -2-9111 day of ~~i, 1981. CITY OF LA PORTE By J. J. Meza, Mayor ATTEST: y S cretary • APPROVED: C~ ~~ City Attorney • ..r~`~. .w."~.~st+ TM-t ^.. -i... - -~ ..:~ -'~"...w=.72~ - ... .f •l.-~a Ge _ ~.!!'1.~.iw• ~d'.'•~, '~.w~."_"'L'1'~ati.'.1l"~/~{,'!1a'n~ '~.. ~ .. .`.Q.l.ci:?-. 7 ~., .. ..~ ... _•:-. _:. ~. ~,. ~=,. f .-i:'= •t-+. ;,t:'i;t:.... `"! ~ .a.. i ~v.. ._..- .~l:. ..c 't.~'^tF: ':'.iz` . t7 a:t,:sV~".w~wi~+r~T~R1f!o:~" ~*r.•+' MEMORANDUM :TTTL'~ 17, 1981 T0: MAYOR AND CITY COUNCIL FROM: BETTY T. WATERS • SUBJECT: FIRE FIGHTER'S RELIEF AND RETIREMENT FUND S.B.411 On January 29, 1981 the Firemen's Pension Board of La Porte and Mr. Jim Hudgens met with Bill Stefka of the State Firemens Pension Commission of Austin to discuss the possibality of adopting S.B.411. We reviewed the benefits under S.B.411 and we found the following: Retirement Benefits--$36.00 per month .plus 7% of the monthly pension compounded annually for service in excess of 15 years Disability Benefits--3 times the monthly contribution If disability results from performing duties fireman ~~ is guaranteed a benefit of $250.00 per month. Death Benefits-- lump sum of amount contributed on decedents behalf or the sum which would have been contributed ~at end of 15 year service. If death is due to performing duty--guaranteed $5,000. benefit Rights to Benef-its Under this System--are not defeated by benefits or payments by other plans or insurance I am enclosing a complete copy of S.B.411 in order that • you may further enlighten yourself with all sections of the fund. The following are costs and other related financial in- formation concerning the Fund. In the 1980-81 budget the amount. of $115,132.00 was budgeted to make the present system actuarilly sound. .The La Porte Firemen's Pension Fund has a cash balance of $16,751.53, and $14,000. invested in C.D.'s. Total funds in account cash & C.D)---------$30,751.53 Total budgeted funds Acct.#109 Fire Surpression-$115,132. Acct.#506 Actuary study---- 2,500. To go into S.B.411 we would recommend a lump sum payment to: Buy Back to 1977----------------------------$14,380.00 Accrued time----------------------~,--------- 10 928.00 $25,30 .00 ',:~t'wJ. I.'.. ~.R-.,, _. .. .y . K„ .." }3 ~.. :. "'+~: - 4 :.._.~ -'-~: i. ~ r ,_ .. .. - ~ ': 1~.Yf'NN' _ .. ~ 1 ~.CY .- .~:.11!nwatr ...a1 '-:JZ ~..: a...1...F.i: N.g'"i '13` ..~~:. ..._'f/~. ;.~'... ~..y ~-. .. .. ~.4Y~: .1. - - Page 2 Memo Firefighters Relief and Retirement Fund S.B.411 The balance will be applied to Semi-annual costs billed for the first six months Retired & widowed payments. • Actual Number of firemen (42) X $72.00 = $3,225.00 $50 per month to retired & widowed = 4,500.00 Six month payment $7,725.00 (42 firemen and l5 retired & widowed = $15,50.00 :annual- __ On July 7, 1981 the La Porte Volunteer Firemen voted 100 to go into the new pension system (S.B.411) The new S.B.411 would relieve the Cityof all responsibility for funds as far~as'"book keeping, filing annual reports and paying retirees ,and widows. City would be billed every six months (Jan. 1 and July l). City would be furnished annual reports as to the statis of each fireman in the program dust as the City's retirement program works. It is my recommendation that City Council authorize the Mayor to sign the contract with the "Firemen's Relief and Retirement Fund S.B.411" for the health and well being of the La Porte Volunteer Firemen who so faithfully serve this City. Paid by City Service Retirement Benefits Widows Benefits Total 1978--------X6,450. --------------------$3,250.00------$9,700. 1979-------- 5,600. -------------------- 3,800.00------ 9,400. 1980-------- 5,400 -------------------- 3,650.00------ 9,050 Consider the cost of a paid Fire Department. L~ ,, .. , ..hty .. :. ,n.~~.~e`4vN1:,++N•:-.~^~L`,<':SF.~.:s::~.Y:.i+: ~;~i.Eav+R!Iq`~1,' - - .... , n'.~+r :~'~,.j,r.v ._.,+ _ . .>%~p1, r.. ~cxa.x_..... ,. ,.•:r~.r.-w~ •a. ~;:. • ~' .. Via. ~.. ..~}..c^ y^`.~ta Stt~c,+,. +'-y~ .~'n.a u' ;lzix".' ~L ~s'atfr,!q"t. '',•`34~frK$r«':^#~ ~ r, .- ::s~Ea- . , i.~ , r , ....:.s; ~ _ .. i ~. c c. tc''~.i y OFFICE OF ~tretiten's ~ittsiutt L.uittmissiitrter HAL HOOD Awt• Coat 312 CoNr~ssioNtw S03-F SAM HOVSTON STATE OFFICE BUILDING TcLC/NONt •73.5979 AUSTIN. TEXAS 78701 • February 3, 1981 Betty T. Waters, Secretary Firemen's Pension Board P. 0. Box 1115 La Porte, Texas 77571 Dear Nirs . Waters First I would like to say haw much I enjoyed visiting with you and the rest of the people last week. We are looking forward to working with you on the merger into the new system. We have enclosed contracts and 502 forms for the firemen. We will also need the names„ mailing addresses, and social security numbers of the people that are on retirement now under the current plan, as we will eventually be mailing their checks to them. One thing which I did not mention the other day is that the firemen who are naw inactive and have their 20 Year Service Certificate, such as Mr. Oliphant, do have another possible alternative. They have the option • to retire under the old plan. In other words, they can draw their $50.00 per month whenever they reach age 55. If they wish to do this and it is perzni.tted by your city, then we would need to revise the costs for buy back and accrued time. The buy back and accrued time costs would be reduced considerably if these 4 or 5 firemen all wish to do this. What would happen is that your city would not need to pay such a large amount on that lump sum which we discussed. They would be billed a dollar for dollar amount for these firemen as they retire. Right naa we are looking at $10,200.00 per year for the 17 retirees. This would be increased down the road as these firemen retire, but you would save money on the lump sum payment which is currently near $25,000.00. If you wish to go with this other method for these particular firemen, please let us know. n U Sinter y, it t ,+ Auditor wes . ,, • V _..- ~ ._ s .r • • IYl M000 e«.«~Nw.we OIIIC/ OI ~;u:aten's ~ensiaa ~oramissiat:tc /O!•I /AM MOYeTg11 /T~Tt OIIIG[ eY1601M0 AuiTiN. Tf<XA! 7~f0f Secretary•Treasurer Firenen'~ Pension Board Gentlemen: •~s• C~o~ it! tsM.wrs ~s/./e7! L - - -_ Should your departirront wish to participate under 5.0. 411. the toltoriinp are the costs of the "3uy sack" and the ".Accrued Tir.+e" on your firen~n using the valuation date of January 1. 19si. These figures are based on an annual contribution rate of x144.00 per year per firer~an or ;12 per a~onth. It the city does not no with the buy tack (~~hic{: is optional j, then this affects the accrued time costs. T<terefore we, are breaking the study into 3 groups: Buy BaC~C Costs, .'lccrued Tire Costs with Quy Qack, and Accrued Time Costs without Euy Eack. Remember the buy back and accrued time costs are 1n addition to the annual contribution of a tninierum o! X154 per year per fireman. Also your current pensioners merge into the neW system and their rEtirements are the sane a~aounts as under the old system (~ 6oo/year/firemen and 'boo/year/widousj. The governing body is responsible for the costs also. The casts are broken into the tulip sum costs, as dell as the costs based on a 40 year, 30 year, 20 year, and 10 year payout. Your city s~iould choose the rate most feasible for theca, and inform our office of their intentions. BUY t3ACK ACCRUF.O TI:iE ACCRUED TI ~E l1ITH0UT IaITH BUY B.1CK BUY BACK LU~ ~1'A SUf1 14,380.00 -~; 10,928.00 15,945.00 i 40 YR PAYOUT 902.00 bs5.oo i,ooo.oo 30 YR PAYOUT 986.00 749.00 1,093.00 20 YR PAYQUT _ l~ l s3 ;oo~ 899.00 1, 311, 00 l0 YR PAYOUT 1,843.00 1,401.00 2,044.00 sf~,~~~~ Hai H. Nood Commissioner ~. 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O C t= : ~ i' r ^~ W ~ 1 r•'~ h • h+ H ^7 Gn`. s rt r r• 0 i~ ~ H i ~ Cif d H C H N 0 z ti7 H '~ Ct! ~ ~ b ~d z t~ H °z ro ~'f N O C C d H C r•+ r-~ 0 z z C 3 W C+7 ."'o lJl O c r m n z ~ D O r m co r c D c~ ~ m o -I ~ ---1 ~ m m A C m N --i ~ 'fit (D rt (D b rD v m O n ~ ~ a~ O b rt (D Rs a v c., cr 1 O O N fD (9 ~D I ~ N 0o fD fD O W W y ~ (D (D • • FIREMEN'S RELIEF AND RETIREMENT FUND SB 411 CONTRACT WITH THE CITY OF LA PORTE, TEXAS July 22, 1981 To the Honorable Mayor, Secretary, and Firemen's Relief and Retirement Fund Board of Trustees SB 411, La Porte, Texas To the Firemen's Pension Commissioner 503-F Sam Houston Bldg. Austin, Texas 78701 GENTLEMEN Complying with the provisions of the Firemen's Relief and Retirement Fund SB 411, Acts of the 65th Legislature, Regular Session, 1977, we wish to advise that: 1. The City of La Porte, Texas, held a meeting on August 5, 1981, and have decided to participate under the provisions of the above Act beginning on July 1, 1981. (Effective date of entry.) 2. Contributions by the governing body are to be made payable to the "Firemen's Relief and Retire- ment Fund SB 411", and mailed to the office of the Firemen's Pension Commissioner. The contributions are to be paid in advance, at least semiannually, as required by the provisions of SB 411. a. Contributions of at least $12.00 per month will be made in behalf of each participating firefighter, to be paid in advance and at . least semiannually. b. A sump sum payout has been chosen to fund the buy back (with accrued time) and/or the accrued time (without buy back) according to the pro- visions in Section 11 of the Act under SB 411. An interest rate of 6$ has been assumed in the payout method to be actuarially sound. • c. An amount of $(N/A) will be paid into the "Fire- men's Relief and Retirement Fund SB 411" per year for the duration of the above payout period chosen. The payments are to be made at least semiannually. ~/ _. • ~ 2 d. An amount of $600/year/retired firefighter and $600/year/widow will be paid into the "Firemen's Relief and Retirement Fund_ SB 411" for retirees merging from the HB 258 pension system, according to the pro- vision in Section 11(g) of the Act under SB 411. The membership of the Board of Trustees of the Firemen's Relief and Retirement Fund SB 411 of La Porte, Texas, has been duly organized in accordance with the provisions of the Act under SB 411 and is composed of the following officials and mem- bers of the fire department. ' l._ 5. Gov. Body Representative Firefighter 2. 6. Tax-Paying Voter Firefighter 3. 7. Tax-Paying Voter Firefighter 4. 8. Firefighter Firefig ter Respectfully submitted, Mayor J. J. Meza City Secretary Betty T. Waters Approved By: Hal H. Hood Commissioner • ~z ORDINANCE NO. 1267 AN ORDINANCE APPOINTING MEMBERS OF THE ZONING BOARD OF ADJUST- MENT, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTS: Section 1. The City Council of the City of La Porte hereby makes the following appointments to the.. Zoning Board of Adjustment of the City, for the term beginning May 1, 1981, and ending on April 30, 1983; provided, however, all appointees shall serve until their successors have been duly appointed and qualified: • Member - Position 1: John Albanese Member - Position 2: Pam Brieden Member - Position 3: Andy Tr]ilson Member - Position 4: Bill Thompson Member - Position 5: Sidney Grant Section 2. The City Council of the City of La Porte hereby makes the following appointments as alternate members of the Zoning Board of Adjustment of the City, for the term beginning May 1, 1981, and ending on April 30, 1983; provided, however, all appointees shall serve until their successors have been duly appointed and qualified: Alternate Member - Position 1: Linda `4ain Alternate Member - Position 2: ?Zorris Rose Alternate Member - Position 3: George Van Dyke • Alternate Member - Position 4: John Rivard Ordinance No. 1267 , Page 2. Section 3. All ordinances or parts of ordinances in con- flict herewith are hereby repealed to the extent of such con- flict only. Section 4. This ordinance shall be effective from and after its passage and approval. PASSED AND APPROVED, this the 5th day of August , • 1981. CITY OF LA PORTE ,~~ + ,,, ' I J. J. Meza, May r i, ,~ ~~ ~i, '+, ATTEST: i Secretary APPROVED: City Attorne • • • ORDINANCE NO. /z f p AN ORDINANCE RECITING THE CIRCUMSTANCES OF THE HOUSTON LIGHTING & POWER COMPANY (HL&P) STATEMENT OF INTENT TO CHANGE ELECTRIC RATES; SUSPENDING THE SCHEDULE OF RATES OF HL&P FOR A PERIOD OF ONE HUNDRED TWENTY (120) DAYS FROM THE EFFECTIVE DATE THEREOF.; AND PROVIDING AN ,EFFECTIVE DATE FOR THIS ORDINANCE. 1 WHEREAS, on July 6, 1981, the Houston Lighting & Power Company (HL&P) filed a Statement of Intent to change its rates for electric service within the City of La Porte and has requested that said changes become effective on August 10, 1981; and WHEREAS, HL&P has filed revised Tariff Schedules together • with statements specifying in detail each proposed change, a rate filing package, and supporting testimony; and WHEREAS, Section 17(a) of the Public Utility Regulatory Act, Article 1446c, Texas Revised Civil Statutes, gives the governing body of each municipality exclusive original juris- diction over electric rates within its municipal boundaries; and WHEREAS, Section 43(d) of the Public Utility Regulatory Act authorizes the governing body of any municipality acting as a Regulatory Authority to suspend the operation of any pro- posed change in rates for a period not to exceed 120 days beyond the date on which the scheduled rates would otherwise go into effect, which period may be further extended for an additional 30 days; and WHEREAS, HL&P's proposed rate changes and the detailed material supporting those changes require comprehensive evalu- ation and study; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. That the changes in rates for electric ser- • vice within the City of La Porte proposed by Houston Lighting & Power Company to become effective on August 10, 1981, should ~/ • Ordinance No. /,?~~p , Page 2. • be, and are, hereby suspended for a period of 120 days beyond r said proposed effective date, until December 8, 1981, subject to an additional suspension of up to 30 days beyond said date upon further resolution of this Council. Section 2. This Ordinance shall be effective immediately upon its passage and approval. PASSED AND APPROVED this the 29th day of July, 1981. • CITY OF LA PORTE By J. J. Meza, Mayor • ATTEST: City Secretary APPROVED: Cam/ , City Attorney ,~z • • RESOLUTION NO. ~'~ WHEREAS, the 1979 Legislature of the State of Texas passed and Governor Clements signed into Law Senate Bill 621 (The Property Tax Code) which relates to Ad Valorem taxation; and WHEREAS, said Property Tax Code provides for the creation of a Central Appraisal District within each County in the State; and ~ WHEREAS, said Code further provides that the Central Ap- praisal Districts created shall assume responsibility for and be required to appraise all property within the boundaries of the District and to assume all other ad valorem taxation functions previously provided by local jurisdictions except for the set- ting of tax rates, the mailing of tax statements and the collec- tion of taxes levied. WHEREAS, the implementation of the Code is proving to be extremely cumbersome and controversial in urban metropolitan Counties as evidenced by the current level of dissatisfaction among and between taxing jurisdictions which has led to litiga- tion; and, • WHEREAS, the Harris County Central Appraisal Board has indi- cated that the implementation of the Code in Harris .County is going to be an almost insurmountable task; and WHEREAS, the 1981 Legislature in special session is consider- ing alternatives that would allow "phase in" flexibility to the taxing jurisdictions in Harris County under SB621; and WHEREAS, additional time to work out reasonable solutions to the problems created by SB621 is needed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE THAT the Texas Legislature by this Resolution be urged to pass legislation to repeal SB621 or in the alternative pass legis- lation delaying implementation of the Code until solutions can be developed to the problems created thereby. PASSED AND APPROVED this day of CITY OF LA PORTE • 1981. By J. J. Meza, Mayor ATTEST: City Secretary FI • ORDINANCE NO. 1269 AN ORDINANCE VACATING, ABANDONING AND CLOSING CERTAIN ALLEYS, AND VACATING, ABANDONING AND CLOSING CERTAIN PORTIONS OF CERTAIN STREETS, ALL WITHIN THE CITY OF LA PORTE, HARRIS COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by the record owner of all of the property abutting the hereinafter described alleys, and abutting the hereinafter described portions of certain streets, lying and being situated within the City of La Porte, Harris County, Texas, to vacate, abandon, and permanently close said alleys, and said portions of said streets; and WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine and declare that the hereinafter described alleys, and the hereinafter described portions of said streets are not suitable, needed, or beneficial to the public as public alleys, roads or streets, and that the closing of the hereinafter described alleys, and the closing of the hereinafter described portions of said streets, is for the protection of the public and for the public interest and benefit, and that the hereinafter described alleys, and the hereinafter described portions of said streets should be vacated, abandoned, and permanently closed; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Under and by virtue of the power granted to the City of La Porte under its Home Rule Charter and Chap. 13, Title 28, Art. 1175, of the Revised Civil Statutes of the State of Texas, 1925, the hereinafter described alleys, and all of those portions of the hereinafter described streets, are permanently vacated, abandoned, and closed by the City of • La Porte, to-wit: • • • Ordinance No. 1269 , Page 2. The alley located in Block 895, of the Town of La Porte, Harris County, Texas; The alley located in Block 896, of the Town of La Porte, Harris County, Texas; South 17th Street, from the north right-of- way line of Fairmont Parkway, formerly known as South "J" Street, to the south right-of- way line of West "I" Street, Town of La Porte, Harris County, Texas; West "I" Street, from the west right-of-way line of South 16th Street, to the west property line of Block 895, Town of La Porte, Harris County, Texas, extended north. Section 2. The City Council officially finds, deter- . mines, recites and declares that a sufficient written.notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; 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. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the 5th day of August, 1981. CITY OF LA PORTE y J. J. Meza, Mayor • Ordinance No. 1269 , Page 3. ATTEST: L~ J. ~ ' i y S retary • ~ APPROVED: City Engineer City Attorney • s,~~>}: I.CTiL• R sr>` ~ r~ ~,t L rri r };: ~ •, ~" D~cembcr 17, 1979 Baybrook Condominiums 15534 7.al,olio liou~tult, 'T'exas 7706'' D~•ar Sir/Madam: ~F~:; ~nr s T i /- s! ~; * ~ A T A M 9 A S S COMM1SSiONER F'RECINCI 1 "' a~ As you m;iy know, L'n~}rrwoud, Roar}, I. Street, I{} Ilf,rnd~ Roulev;trd, Rw Area Tic+ul~w.ird, Spencer Nis;liw;ly au~l I~:t;ruumt I':Frkw.cy ;arc maTntaln(•d by Itarris County i'recinct One. ihtring the p;ist sc•v~•ral years, ihe•r.• ha:: h~•.•n :F gre:Ft inc•re:(se in nrw hone con- ~truci ion in th(•tie arc•:ts, inciuclin}; cuns:trnrt ion by y+~ur f irm• r:r•(•in(•t One is m;~kiui; a determined effort, witflin the r~••;,+urc•es available, to make the road impr~,v~•nu•nt.s n~•c~•:asry to accuui.++I;It(• the inc•rc•a~:c•+1 traffic in tit~~sE• areas. The particular issuu which },r+~mpt:: this ]ett~•r is thr prc~hlem presented by the ~~ Ioe:atTrn of y~,ur advrrtisin}; si};n:; wi.thln cc~nnty rcuid ri{;ht-ot-way. The pre- sent an obstacle to maintenance equipment and conflict with the necessary traffic ru-ltrul ::iT;us. Under the County Road Law, advert_~ing signs may not be placed within the road ri};}It-+~f-way. Thy, t~ounty has the• ;authority to r~•mc+v(r such Signs. At present the esplanades and road sides have 3 prolifcratic,n oC signs. We have also re- ceived numerous com}Taints from citizens who travel these roads. Precinct One policy has been to advise the ~+wtlc•rs of the signs regarding this law do that the owner has t;te ol,portunity tc, remove the signs. After notice h:~s h.'c'n I;iven an+i If th~• tii};nti rc•m:tin, I'r(•ci+i+•t Onc• will rc•movt, them. tf y.tn h;tvr due:;t funs rr};;tt•c} ink; t l+c• limit :: c+i t hc• r t};ht-of-w:iy, ptense contact Prrc•inrt t)ne Assistant Superinten(I(•nt, Jc•rry Ftu}nay, at 22]-h122. 1 It.+{~~• this lc•ttt•r h.t:; rc:t(•hcci thc• ri};ht ufficc•. If nc-t, I wcntid apprcc'tatr your dirt'cting my request to t}ce }+r:+per person. Your cooperation in this matt z'r w.+ctl.i be mos. helpful. Sinc~•rt'lr~, ~ 1 1 r~Fiv ~ ~l.i > Tom ii.-ss, 1 T13:JC:lr i DXC: Jane Cherry, Jerry Fuquay, \ancy Gehman, Ruby Cubley •i!)Tr1iNtSIF211tON f+UILt)ING • 1(701 i~irl _;1ON • !+~>tr.i~rr~- ft Xl~y 7700:' • 7IJ ~: 1-fit I 1 .> /~ ~~~ ~ ~~ ~ ~ i J~ ~~Fr-NC~ ~ TO{V1 BOSS C:OM~1ISSIONER PRECINCT 1 ~~ d8h THE ATTACHED LETTER S{{OULD BE SENT 'i'0 THE FOLLOI4'ING OVER THE COi`A}ISSIONER'S SIGNATURE: U.S. }Iome Corporation Weston 488-4369 Northern :1rea Office 16400 Sealark 4931 Treschwig Houston, 77062 Spring, TX 77373 ~}onarc}i Ifomes ~3!~ 10 Cash Rd . Staffim•d, TX 77477 Ryland Homes 1115 t~c~mini Ilollstol-, Tx 77os8 ~~ Playa Ifomes 350 I'A1 1~a~9 f{ouston 7 ~ 034 ~~tcllez Landing 35x5 Nasa Blvd. Seabrook, TX 77586 xc: Jerry Fuquay Nancy Gchman Jane Cherry 499-4525 Baybrook Condominiums 15534 Zabolio Houston 77062 486-9324 486-9360 484-1.100 334-1526 bc: Ruhy Cllhley~'~`7~'j CLC 77eb/ S . ~~ C. ~~~c~ t~ j Thanks , 11; V~ ~~',z~~ ~ ~~ ~ ~ ~1 ~~ CLCAR LAKE OFFICE • 1E603 BUCCANEER LAVE • HOUSTON. TEXAS 77062 • 713.221-F110 `~ M/~RRIS COUNTY Ff_OOD CONTROL DISTRICT • ENGIfvEERING UIVISit7N 8615 NORTH MAiN S"FZ~£T l PHONE 22]-5]ti2 HOUSTON, TEXA;: '17022 October 22, 1980 Fairmont Park homes Association, Inc. Post Office Box 1192 La Porte, Texas 77571 Attention: Jimmie R. Spradling Vice President and Manager Dear Mfr. Spradling: Your concern expressed in your recent letter ;~~hich ;-gas received by this office on October 20, 1980, is a valid concern and I an; taking steps ~:o expedite the availability of a dragline to dip-cut and de-silt B-ig Island ~_~ Slough. A machine will be made available very shortly to put on this particular project. If you have any further questions or if I can help you and assist•you in any way, please feel free to contact me. S' cerely, j' ~~ ayes B. Green, P. E. ' ector J6G:ch