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HomeMy WebLinkAbout12-28-1983 Special Meeting• • • MINUTES OF THE SPECIAL MEETING OF THE LA PORTE CITY COUNCIL DECEMBER 28, 1983 1. The meeting was called to order by Mayor Cline at 7:00 P.M. Members of City Council Present: Mayor Virginia Cline, Councilpersons Linda Westergren, Norman Malone, John Longley, Ed Matuszak, Kevin Graves, Deotis Gay and B. Don Skelton Members of Cif Council Absent: Councilperson Lindsay Pfeiffer Members of City Staff Present: City Manager Jack Owen, City Attorney Knox Askins, City Secretary Cherie Black, Police Lt. Robert Hall, Personnel Coordinator Mary Davis Others Present: Sherri Carver, Baytown Sun; 7 citizens • 2. The invocation was given by City Attorney Askins. At this time the Emergency Addendum was taken up.. Item 1: Council considered approving the minutes of the Public Hearing of the La Porte City Council regarding annexation of the Spenwick Place Municipal Utility District and the College View Municipal Utility District and the acreage lying between the districts, held December 5, 1983, in the Council Chambers of the La Porte City Hall. Motion was made by Councilperson Skelton to approve the minutes as presented. Second by Councilperson Matuszak. The motion carried, 6 ayes, 0 nays, 2 abstain. Ayes: Councilpersons Westergren, Malone, Longley, Matuszak, Skelton and Mayor Cline Nays: None Abstain: Councilpersons Graves and Gay (were not present at hearing) Item 2: Council considered approving the minutes of the Public Hearing of the La Porte City Council regarding annexation of the Spenwick Place Municipal Utility District and the College View Municipal Utility Distrit and the acreage lying between the two districts, held December 5, 1983, in the office of the College View Municipal Utility District, 8610 Bandridge. • Minutes, Special Meeting, La Porte City Council December 28, 1983, Page 2 Motion was made by Councilperson Matuszak to approve the minutes as presented. Second by Councilperson Longley. The motion car- ried, 6 ayes, 0 nays, 2 abstain. Ayes: Councilpersons Westergren, Malone, Longley, Matuszak, Skelton and Mayor Cline Nays: None Abstain: Councilpersons Graves and Gay (were not present at hearing) At this thime, Council proceeded with \fhe regular agenda. 3. Council considered approving an ordinance extending the corpor- ate limits of the City of La Porte. City Attorney Askins read: AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF LA PORTE, TEXAS, TO EMBRACE AND INCLUDE TERRITORY WITHIN CERTAIN BOUNDARIES COMPRISING THE SPENWICK PLACE MUNICIPAL UTILITY DISTRICT; THE COLLEGE VIEW MUNICIPAL UTILITY DISTRICT; AND THE ACREAGE LYING BETWEEN SAID UTILITY DISTRICTS; ANNEXING.TO THE CITY OF LA PORTE, TEXAS, TERRITORY WITHIN SUCH BOUNDARIES; APPROVING A SERVICE PLAN FOR SUCH TER- RITORY; MAKING FINDINGS AND OTHER PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING SAVING AND SEVERABILTIY CLAUSES. Motion was made by Councilperson Skelton to approve and adopt Ordinance 1393 as read by the City Attorney. Second by Council - person Westergren. The motion carried, 6 ayes and 2 nays. Ayes: Councilpersons Westergren, Malone, Longley, Matuszak, Gay and Skelton Nays: Councilperson Graves and Mayor Cline 4. Council considered setting a date to dissolve the Spenwick Place Municipal Utility District. After discussion,.a date of January 31, 1984 for dissolution of the Spenwick Place Municipal Utility District was agreed upon. The ordinance will be formally passed at the January 4, 1984, meeting. 5. Council considered entering an interlocal agreement with the City of Seabrook to purchase plastic garbage bags. The agreement was reviewed and found to be in order. Motion was made by Councilperson Westergren to enter an interlocal agree- ment with the Citv of Seabrook to purchase plastic aarbaae bags. • • 0 • Minutes, Special Meeting, La Porte City Council December 28, 1983, Page 3 Second by Councilperson Matuszak. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Westergren, Malone, Longley, Matuszak, Graves, Gay, Skelton and Mayor Cline Nays: None 6. Council considered an ordinance.updating Texas Municipal Retirement System service credits. City Attorney Askins read AN ORDINANCE AUTHORIZING AND ALLOW- ING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM IN THE EMPLOY- MENT OF THE CITY OF LA PORTE; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; ALLOWING CERTAIN EMPLOYEES OF THE CITY, WHO PERFORMED OR HEREAFTER PERFORM ACTIVE SERVICE IN THE ARMED FORCES (OR THEIR RESERVES OR AUXILIARIES) OF THE UNITED STATES UNDER HONORABLE CONDITIONS DURING PERIODS OF CONFLICT WITH FOREIGN FORCES, TO APPLY AND MAKE DEPOSITS FOR, AND TO RECEIVE SPECIAL CREDIT WITH THE TEXAS MUNICIPAL RETIRE- MENT SYSTEM FOR LIMITED PORTIONS OF SUCH MILITARY SERVICE, AND PROVIDING FOR PAYMENT BY THE CITY OF ADDITIONAL DEPOSITS TO THE SYSTEM ON ACCOUNT OF SUCH SERVICE CREDIT AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS. Motion was made by Councilperson Graves to adopt Ordinance 1395 as read by the City Attorney. Second by Councilperson Malone. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Westergren, Malone, Longley, Matuszak, Graves, Gay, Skelton and Mayor Cline Nays: None At this time Mayor Cline asked for Council comments. Graves: Would like to commend the water standby crews; starting Christmas day they have certainly put in some hours. They really bent over backwards for people, and should be commended. Owen: Thank you, Councilman Graves. I know they'll really appreciate that. Talking with them yesterday, some of them had lost track of how many hours they had worked. As of about 2 o'clock yesterday they had cut off in excess of 700 homes with broken pipes. • Skelton: That brings up another point. With 700 homes cut off, that's 700 homes that's not going through the sewer. I think we • Minutes, Special Meeting, La Porte City Council December 28, 1983, Page 4 need to look at this for some relief on sewage rates, because they are going to have some tremendously high water bills be- cause of the broken pipes. Owen: Bob Herrera and I had discussed this today, and the policy has always been when we definitely determine that there is a break, where the water does not go down the sewer we do adjust the sewer part of the bill. We had anticipated that this policy would carry forward in conditions such as this. 7. There being no further business to come before the Council, the meeting was duly adjourned at 7:46 P.M. Pas ed & Approved this the 4-t-h day of January, 1984 Vir nia Cline, Mayor 41 Respectfully submitted: Cherie Black City Secretary ORDINANCE NO. 1393 AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF LA PORTE, TEXAS, TO EMBRACE AND INCLUDE TERRITORY WITHIN CERTAIN BOUNDARIES COMPRISING THE SPENWICK PLACE MUNICIPAL UTILITY DISTRICT; THE COLLEGE VIEW MUNICIPAL UTILITY DISTRICT; AND THE ACREAGE LYING BETWEEN SAID UTILITY DISTRICTS; ANNEXING TO THE CITY OF LA PORTE, TEXAS, TERRITORY WITHIN SUCH BOUNDARIES; APPROVING A SERVICE PLAN FOR SUCH TERRITORY; MAKING FINDINGS AND OTHER PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING SAVING AND SEVERABILITY CLAUSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City of La Porte has heretofore adopted a Home Rule Charter granting the City Council the power by ordinance to fix the boundary limits of the City of La Porte and to provide for the extension of said boundary limits, and the annexation of additional • territory lying adjacent to the City. This annexation proceeding is conducted pursuant to the authority granted by said Home Rule Charter; by Article 1175, Revised Civil Statutes; and by Article 970a, Revised Civil Statutes. Section 2. The City Council of the City of La Porte hereby finds, determines and declares that the hereinafter described terri- tory is adjacent and contiguous to the present City limits of the City of La Porte, and lies within the exclusive extraterritorial Jurisdiction of the City of La Porte, and that the annexation of said territory to the City of La Porte will promote the general health, safety and welfare of persons residing within the City and within the hereinafter described territory. Section 3. The City Council of the City of La Porte has hereto- fore,*on November 22, 1983, passed and approved Ordinance No. 1392, declaring its intention to institute proceedings to annex the herein- after described territory. Two public hearings were called, and were held on December 5, 1983, one hearing being held at La Porte City Hall and the second hearing being held within the territory annexed, at which public hearings all interested parties were given an opportunity to be heard. Notice of such public hearings was given • by publication of Ordinance No. 1392 in the Bayshore Sun on November 23, 1983, said newspaper having general circulation in • ordinance No. 1393 Page 2 the City of La Porte and in the territory proposed to be annexed. Additional notice by certified mail was given to railroad companies then serving the City and on the City's tax roll where the right- of-way thereof was included in the territory to be annexed. Such notices and such hearings were all in conformity with the Municipal Annexation Act of 1963, Article 970a, Vernon's Annotated Texas Statutes, as amended. At such public hearings, the service plan was made available for inspection and explained to the inhabitants of the area to be annexed. • Section 4. The City Council of the City of La Porte hereby institutes annexation proceedings as to the following described ter- ritory, and the same is hereby declared annexed to the City of La Porte Texas, and the boundary limits of the City of La Porte, Texas, be, and the same are hereby, extended to include the follow- ing described territory within the City Limits of the City of La Porte, and the same shall hereafter be included within the terri- torial limits of the City of La Porte, and the inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens of the City of La Porte, and they shall be bound by the acts, ordinances, resolutions and regulations of the City of La Porte. Section 5. Subject to all sections of this ordinance, the cor- porate limits of the City of La Porte, Texas, are hereby extended to embrace and include all of the territory within the boundaries set out in "Exhibit B", which exhibit is attached hereto, incorpor- ated herein by this reference and made a part hereof for all pur- poses, and such territory is hereby annexed to and made a part of the City of La Porte, Texas, for general purposes. Section 6. A service plan for the territory within the boun- daries set out in "Exhibit B" is hereby approved as part of this ordinance. Such service plan is set out in "Exhibit A", which is • • • Ordinance No. 1393 Page 3 attached hereto, incorporated herein by this reference and made a part hereof for all purposes. Section 7. This ordinance shall not repeal, impair, modify or in anywise affect any other ordinance annexing territory to the City of La Porte, or any other ordinance heretofore passed on one or more readings and not yet passed on final reading, annexing any terri- tory to the City of La Porte, but such other ordinance or ordinances shall remain and continue to be effective to their intent and purpose as therein stated, wholly unaffected in any way or manner by the passage of this ordinance. This ordinance shall not in anywise be impaired or affected by any other ordinance heretofore introduced or passed on any reading, whether final or not; nor shall it be affected by any other ordinance which may hereafter be introduced or passed on one or more readings, pending the final passage of this ordinance; and this ordinance shall be effective to its intent and purpose as hereinabove stated, wholly unaffected by any other annexation ordinance introduced and passed or hereafter introduced and passed on any reading, whether final or not final, annexing territory to the City of La Porte, and wholly unaffected by any ordinance heretofore or hereafter passed calling a hearing and giving notice relative to the institution of any annexation pro- ceedings. The procedure initiated hereby and the annexation pro- ceedings instituted hereunder shall be independent of any other proposed and pending annexation of such territory, and such other proceedings shall not be affected hereby. Section 8. It is the intention of the City of La Porte, Texas, and its City Council to comply with all applicable provisions of the City Charter and of the Constitution and Laws of the Federal govern- ment of the United States of America and the State of Texas, and this ordinance shall be interpreted and construed in harmony there with. U • Ordinance No. 1393 Page 4 Section 9. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of each meeting of the City Council at which this ordinance has been discussed, considered and formally acted upon was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding each such meeting, as required by the Open Meetings Law, Article 6252-17, Vernon's Annotated Texas Statutes, and that each such meeting has been open to the public as required by law at all times during which this ordinance or the subject matter thereof has been discussed, considered and formally acted upon. The City Council further rati- fies, approves and confirms such written notices and the contents and posting thereof. Section 10. Should any section of part of this ordinance be held unconstitutional, illegal or invalid, or the application thereof ineffective or inapplicable as to any territory, such unconstitu- tionality, illegality, invalidity, or ineffectiveness of such section or part shall in no wise affect, impair or invalidate the remaining portion or portions, the same shall be and remain in full force and effect; and should this ordinance for any reason be ineffective as to any part of the territory hereby annexed to the City of La Porte, such ineffectiveness of this ordinance as to any such part or parts of any such territory shall not affect the effectiveness of this ordinance as to all of the remainder of such territory, and the City Council hereby declares it to be its purpose to annex to the City of La Porte every part of the territory described in "Exhibit B" of this ordinance, regardless of whether any other part of such described territory is hereby effectively annexed to the City. Provided, further, that if there is included in the • description of the territory set out in "Exhibit B" of this ordi- nance to be hereby annexed to the City of La Porte, any lands or • Ordinance No. 1393 Page 5 area which are presently part of and included within the general limits of the City of La Porte, or which are presently part of and included in the limits of any other city, town, or village, or which are not within the jurisdiction or power of the City of La Porte to annex, the same is hereby excluded and excepted from the territory to be hereby annexed as fully as if such excluded and excepted area were expressly described herein. It is theintention of the City Council of the City of La Porte to annex to the City of La Porte, all of the territory comprising the Spenwick Place . Municipal Utility District and the College View Municipal Utility District, together with the acreage lying between said Districts. Section 11. This ordinance shall take effect immediately upon its final passage. PASSED AND APPROVED, this the 28th day of December, 1983. + CITY OF LA PORTE B Virg 'ia Cline, ATTEST: D. % i1 City Secretary APPROVED: City Attorney 0 yor EXHIBIT "A" SERVICE PLAN FOR A TRACT OF LAND COMPRISING THE SPENWICK PLACE MUNICIPAL UTILITY'DISTRICT; THE COLLEGE VIEW MUNICIPAL UTILITY DISTRICT; AND THE ACREAGE LYING BETWEEN SAID UTILITY DISTRICTS; I. INTRODUCTION This Service Plan ("Plan") is made by the City of La Porte, Texas ("City") pursuant to Section 10 of the Municipal Annexation Act art. 970a, V.A.T.S., (Vernon's Supp. 1982) (the "Act"). This Plan relates to the annexation by the City of a tract of land ("Tract") com- prising the Spenwick Place Municipal Utility District; the College View Municipal Utility District; and the acreage lying between said utility districts. The Tract is described by metes and bounds in "Exhibit B" which is attached to this Plan and to the annexation • ordinance of which this Plan is a part. II. TERM; EFFECTIVE DATE This Plan shall e in effect for a term of ten years commencing on the effective date of the annexation of the Tract. Renewal of this Plan shall be at the option of the City. Such option may be exercised by the adoption of an ordinance by the City Council which refers to this Plan and specifically renews this Plan for a stated period of time. III. SERVICE PROGRAMS A. In General. This Plan includes two service programs: (i) the Early Action Program, described below, and (ii) a Capital Improvement Program, described below. B. Scope and Quality of Services. Services under this Plan shall equal or exceed the number of services and the level of services in existence in the Tract prior to annexation. However, it is not the intent of this Plan to require that a uniform level of services be pro- vided to all areas of the City (including the Tract) where differing characteristics of topography, land utilization and population density are considered as sufficient basis for providing differing service levels. C. Definitions. 1. — As used in this Plan, providing services in- cludes having services provided by any method or means by which the City extends municipal services to any other area of the City. This may include causing or allowing private utilities, governmental entities and other public service organizations to provide such • services, in whole or in part. 2. As used in this Plan, the phrase "standard pol- icies and procedures" means those policies and procedures of the City applicable to a particular service which are in effect either at the time that the service is requested or at the time that the service is made available or provided. The policies and procedures may require that a specific type of request be made, such as an application or a petition. They may require that fees or charges be paid, and they may include eligibility requirements and similar provisions. D. Early Action Program. 1. Statutory Services. The statutory services will be provided within the Tract within sixty days after the effective date of this Plan, except as otherwise indicated. The statutory services are as follows: • 17J a. Police Protection. The Police Department of the City will provide protection and law enforcement in the Tract. These activities will include normal patrols and responses, the handling of complaints and incident reports, and other usual and customary police services. b. Fire Protection. The Fire Department of the City will provide fire protection in the Tract. c. Solid Waste Collection. Residential col- lection services will be provided by City forces. Non-residential service and future residential service will be governed by standard policies and procedures. d. Maintenance of Water and Wastewater Faci- lities. Those water and wastewater facilities included in the Capital Improvement Program, below, will be maintained by an appro- priate division of the Department of Public Works or, for a limited period of time, by a conservation and reclamation district which is to be dissolved. Should any extensions of such facilities be made within the Tract, normal maintenance services will be 'provided. e. Maintenance of Roads and Streets (includ- ing lighting). The Department of Public Works will provide mainte- nance of roads and streets over which the City will have jurisdic- tion. (See Capital Improvement Program, below). The City of La • Porte will provide services relating to traffic control devices for such roads and streets, and will provide street lighting for such roads and streets through the Houston Lighting and Power Company or by other means. f. Maintenance of Parks, Playgrounds and Swimming Pools. As indicated by the Capital Improvement Program, it is not necessary to acquire or construct such facilities in the Tract, so there are none to be maintained. Should any such facilities be constructed by the City within the Tract, the Department of Parks and Recreation will provide maintenance services for them. g. Maintenance of Any Other Publicly -owned Facility, Building or Service. Those drainage facilities included in the Capital Improvement Program, below, will be maintained by the Department of Public Works, as needed. Should any such facilities, buildings or services be constructed or located by the City within the Tract, an appropriate City department will provide maintenance services for them. 2. Additional Services. Certain services, in addi- tion to the statutory services, will BF --provided within the Tract to the same extent they are provided to similar territories elsewhere in the City. These are as follows: a. Library services from existing facilities -and future facilities outside the Tract. b. Health Services in accordance with stan- dard policies and procedures. • c. Emergency Rescue and Ambulance Services by the City's contract or, La Porte Area Emergency Corps, in accor- dance with standard policies and procedures. E. Capital Improvement Program. The City will initiate the construction or acquisition of capital improvements necessary for providing municipal services for the Tract. Those improvements which are necessary are indicated below, and any necessary construc- tion or acquisition shall begin within two and one-half years of the effective date of this Plan, except as otherwise indicated. 1. Police Protection. Police protection for the Tract can be provided by using existing capital improvements. Addi- tional capital -improvements are not necessary at this time to provide police protection to the Tract. However, the Tract will be included with other territory in connection with planning for new, revised or expanded police facilities. • -2- L� 2. Fire Protection. Fire protection for the Tract can be provided by using existing capital improvements. Additional capital improvements are not necessary at this time to provide fire protection to the Tract. However, the Tract will be included with other territory in connection with planning for new, revised, or expanded fire -fighting facilities. 3. Solid Waste Collection. No capital improvements are necessary at this time to provide solid waste collection services within the Tract as described in the Early Action Program. However, the Tract will be included with other territory in connection with planning for new, revised or expanded solid waste facilities. 4. Water and Wastewater Facilities. Those water and wastewater facilities (including any under construction) owned by Spenwick Place Municipal Utility District and College View Municipal Utility District will be acquired by the City. Future extensions of public water or wastewater facilities will be governed by standard policies and procedures, and the Tract will be included with other territory in connection with planning for new, revised or expanded public water and wastewater facilities. With respect to utility district facilities and utility district bond funds to be acquired, the City will: a. assume all reasonable commitments and contracts made by the districts in the ordinary course of business • prior to the dissolution of the districts, conditioned upon suffi- cient capacity having been provided for by the districts; b. assist the districts with bond approval and sale for planned capital improvements which are in keeping with the City's practices and are beneficial in integrating the area into the City's water and wastewater systems; C. expedite the approval.of plans and bond applications in order to meet the time constraints imposed by annex- ation and the dissolution of the districts; d. allow the districts' residents and pro- perty owners, who have or would have contributed to the retirement of district bonds prior to annexation, a reasonable opportunity to obtain the use of utility capacity if the districts' bond funds have been used to pay for such capacity; and e. expend unobligated proceeds of the dis- tricts' bonds for projects which are consistent with the purposes for which the proceeds may be lawfully used, which may include providing water, wastewater or drainage services for residents and properties within the boundaries of the annexed districts, such projects to be undertaken in a timely manner. 5. Roads and Streets (including lighting). In _general, the City will acquire dominion, control, and jurisdiction in, over and under public roads and streets within the Tract upon annexation, pursuant to art. 1175, V.A.T.S., and similar provisions, subject to the jurisdictions of other governmental entities. Addi- tional goads, streets or related facilities are not necessary at this time to serve the Tract. Future extensions of roads or streets and future installation of related facilities such as traffic control devices or street lights will be governed by standard policies and procedures. The Tract will be included with other territory in connection with planning for new, revised, widened or enlarged roads, streets or related facilities. 6. Parks, Playgrounds and Swimming Pools. These services can be provided by using existing capital improvements. Additional capital improvements are not necessary at this time to provide such services to the Tract. However, the Tract will be included with other territory in connection with planning for new, revised or expanded parks, playgrounds and swimming pools. 7. Other Publicly Owned Facilities, Buildings or Services; Additional Services. In general, other City functions and • -3- LJ services, and the additional services described above, can be pro- vided for the Tract by using existing capital improvements. However, those drainage facilities (including any under construction) owned by Spenwick Place Municipal Utility District and College View Muni- cipal Utility District will be acquired by the City. Additional capital improvements are not presently necessary. However, the Tract will be included with other territory in connection with planning for new, revised or expanded facilities, functions and services, including the additional services described above. IV. AMENDMENT; GOVERNING LAW This Plan may not be amended or repealed except as provided by the Act or other controlling law. Neither changes in the methods or means of implementing any part of the service programs nor changes in the responsibilities of the various departments of the City shall constitute amendments to this Plan, and the City reserves the right to make such changes. This Plan is subject to, and shall be inter- preted in accordance with, the Act, the Constitution and laws of the United States of America and the State of Texas, and the orders, rules and regulations of governmental bodies and officers having j urisdiction. V. FORCE MAJEURE S ou a orce majeure interrupt the_ services described here- in, the City shall resume services under this Plan within a reason- able time after the cessation of the force majeure. "Force majeure", for the purposes of this Plan, shall include, but not be limited to, acts of God, acts of the public enemy, war, blockades, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes, arrests and restraints of government, explosions, collisions and any other in- ability of the City, whether similar to those enumerated or other- wise, which is not within control of the City. VI. ENTIRE PLAN This document contains the entire and integrated service plan relating to the Tract and supersedes all other negotiations, repre- sentations, plans and agreements,.whether written or oral. • 0 -4- EXHIBIT "B" Boundaries of a tract of land comprising the Spenwick Place Municipal Utility District; the College view Municipal Utility District; the acreage lying between said districts; and portions of the rights -of -way of Fairmont Parkway and Spencer Highway; all in Harris County, Texas. BEGINNING at the point in the present city limit line of the City of La Porte, said point being the intersection of the Easterly right-of-way line of Underwood Road and the Northerly right-of-way line of Spencer Highway, also known as West Main Street, in the City of La Porte; THENCE, Westerly along the said Northerly right-of-way line of Spencer Highway, also known as West Main Street, to its point of intersection with the Westerly right-of-way line of • Underwood Road; THENCE, continuing in a Westerly direction along the Northerly right-of-way of said Spencer Highway, also known as West Main Street, to a point which is the Northerly extension of the Easterly property line of the 141 acre San Jacinto College tract; THENCE, Southerly along the said Northerly extension and the Easterly property line of the said 141 acre San Jacinto College tract, and its Southerly extension, to its point of intersection with the Southerly right-of-way line of Fairmont Parkway; THENCE, Easterly along the Southerly right-of-way line of said Fairmont Parkway, following its curves, to its point of intersection with the Easterly right-of-way line of Underwood Road; THENCE, Northerly along the said Easterly right-of-way line of Underwood Road, to the point of beginning. r: 1J 0 i INTER -OFFICE MEMORANDUM DECEMSER 9, 1983 t TO: Knox Askins - City Attorney FROM: Jackson Katy. - Purchasing Agent SUBJECT: Proposed Plastic Bag Contract Please review the attached-interlocal agreement preparet y the City Attorney of the City of 'Seabrook for the dooperative.purchase' of plasYtio garbage,bags. Should this agreement meet ith,your approval, please forward to Jack`Owen, City-Man-ger, for signature. Please contact me if you have any questions regarding this matter. • JR/utb Attachment SACCOMANNO, CLEGG, MARTIN & KIPPLE ATTORNEYS AT LAW Is SOO ALLIED BANK PLAZA HOUSTON, TEXAS 77002 (713) 654-4488 December 7, 1983 Mr. Jackson Ray Purchasing Department City of LaPorte P. O. Box 1115 LaPorte, Texas 77571 Re: Proposed plastic bag contract Dear Mr. Ray: There is enclosed a proposed agreement between the City of LaPorte and the City of Seabrook for joint purchase of plastic bags. • If this meets with your and Mr. Askins' approval, please submit it to the Council and Mayor for signature. If any additions or changes are desired, please let me know. An identical copy of this agreement is being sent today to Mr. Steven M. Walters, City Manager, City of Seabrook. S'ncerely yours, Burke Martin City Attorney City of Seabrook BM/gc Enclosure cc: Mr. Knox W. Askins City Attorney City of LaPorte P. O. Box 1218 LaPorte, Texas 77571 40 Mr. Steven M. Walters City Manager City of Seabrook P. O. Box 539 Seabrook, Texas 77586 \ LA PORTE ORDINANCE yy (Rev. 11-82) • ORDINANCE NO. 1395 TEXAS MUNICIPAL RETIREMENT SYSTEM AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING - THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM IN THE EMPLOYMENT OF THE CITY OF LA PORTE; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; ALLOWING CERTAIN EMPLOYEES OF THE CITY, WHO PERFORMED OR HEREAFTER PERFORM ACTIVE SERVICE IN THE ARMED FORCES (OR THEIR RESERVES OR AUXILIARIES) OF THE UNITED STATES UNDER HONORABLE CONDITIONS DURING PERIODS OF CONFLICT WITH FOREIGN FORCES, TO APPLY AND MAKE DEPOSITS FOR, AND TO RECEIVE SPECIAL CREDIT WITH THE TEXAS MUNICIPAL RETIREMENT SYSTEM FOR LIMITED POR- TIONS OF SUCH MILITARY SERVICE, AND PROVIDING FOR PAY- MENT BY THE CITY OF ADDITIONAL DEPOSITS TO THE SYSTEM ON ACCOUNT OF SUCH SERVICE CREDIT AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS. • BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. (a) On the terms and conditions set out in Sections 63.401 through 63.403 of Title 110B, Revised Civil Statutes of Texas, 1925, as amended, each member of the Texas Municipal Retirement System who has current service credit or prior service credit in said System in force and effect on the 1st day of January,19�&..9, by reason of service in the employment of the City of La Porte, and on such date has at least 36 months of credited service with said system, shall be and is hereby allowed "Updated Service Credit" (as that term is defined in subsection (d) of Section 63.402 of said title) in an amount that is 100% of the "base Updated Service Credit" of the member (calculated as provided in subsection (c) of Section ' 63.402 of said title). The Updated Service Credit hereby allowed shall replace any Updated .Service Credit, prior service credit, special prior service credit, or antecedent service credit previously authorized for part of the same service. (b) In accordance with the provisions of subsection (d) of Section 63.401 of said title,. the deposits required to be made to the Texas Municipal Retirement System by employees of the several participating departments on account of current service shall be calculated from and after the date aforesaid on the full amount of such person's earnings as an employee of the City. LA PORTE ORDINANCE (cont.) Page 2 • Section 2. (a) On terms and conditions set out in Section 64.203 of Title 110B, Revised Civil Statutes of Texas, 1925, as amended, the City of La Porte hereby elects to allow and to provide for payment of the increases below stated in monthly benefits payable by the Texas Municipal Retirement System to retired employees and to beneficiaries of deceased employees of this City under current service annuities and prior service annuities arising from service by such employees to this City. An annuity increased under this Section replaces any annuity or increased annuity previously granted to the same person. (b) The amount of annuity increase under this Section is computed as the sum of the prior and current service annuities on the effective date of retirement of the person on whose service the annuities are based, multiplied by 70% of the percentage change in Consumer Price Index for All Urban Consumers, from December of the year immediately preceding the effective date of the person's retirement to the December that is 13 months before the effective date of this ordinance. (c) An increase in an annuity that was reduced because of an option selection is reducible in the same proportion and in the same manner that the original annuity was reduced. • (d) If a computation hereunder does not result in an increase in the amount of an annuity, the amount of the annuity will not be changed hereby. (e) The amount by which an increase under this Section exceeds all previously granted Increases to an annuitant is an obligation of this City and of its account in the municipality accumulation fund of the Texas Municipal Retirement System. Section 3. Pursuant to Subchapter F of Chapter 63, Title 110B, Revised Civil Statues of Texas, as amended, the City of La Porte hereby elects to allow eligible members in its employment to establish credit in the Texas Municipal Retirement System for active military service performed as a member of the armed forces or armed forces reserves of the United States or an auxiliary of the armed forces or armed forces reserves, during a period in which the United States is or was involved in a state of conflict with foreign forces. Eligible members as used herein shall be those employees meeting the criteria set forth in subsection (b) of Section 63.501 of said Subchapter F, and the amount and use of creditable military service shall be as further set forth in that Subchapter. n LJ LA PORTE ORDINANCEIRont.) • Page 3 • Section 4. In order to establish credit for military service hereunder, a member must deposit with the Texas Municipal Retirement System (in that member's individual account in the Employees Saving Fund), before the first anniversary of the effective date of this ordinance or before the first anniversary of the date the member becomes eligible to establish the credit (whichever is later) an amount equal to the number of months for which credit is sought, multiplied by $15.00, and the City must contribute an amount equal to the amount required of the member, multiplied by the City's current service matching percentage in effect on the date the member applies for credit hereunder. The City of La Porte agrees to pay into its account in the Municipality Accumulation Fund all sums which become due hereunder as a result of the granting of such credit. n LJ • Section 5. The rights, credits and benefits hereinabove authorized shall be in addition to the plan provisions heretofore adopted and in force at the effective date of this ordinance pursuant to the TMRS Act. Section 6. This ordinance will become effective on the first day of January, 19 8 4 Passed and approved this the 28th day of December , 19 83 . ATTEST: ojw' City Secretary or Clerk APPROVED: l 1 Mayor