The URL can be used to link to this page

Home My WebLink About1983-03-02 Regular Meeting . . . 1 .:__~.~..~~~. <!f"T'" . . MINUTES OF THE REGULAR MEETING OF THE LA PORTE CITY COUNCIL MARCH 2, 1983 1. The meeting was called to order by Mayor Cline at 7:00 P.M. Members of the City Council Present: Mayor Virginia Cline, Councilpersons Edward Matuszak, Kevin Graves, Lindsay Pfeiffer, B. Don Skelton, Linda Westergren Members of the City Council Absent: Councilpersons Norman Malone, John Longley, Deotis Gay Members of the City Staff Present: City Manager Jack Owen, City Attorney Knox Askins, City Secretary Betty T. Waters, Director of Public Works Jerry Hodge, Fire Chief Joe Sease, Director of Administrative Services Bob Herrera, City Inspector Lamar Hollaway Others Present: Frieda Beaty, Bay town Sun; Barbara Neal, La Porte Broadcaster; Jim Hutchison of Busch, Hutchison & Associates; 16 interested citizens 2. The invocation was given by City Attorney Askins. 3. The Council considered the minutes of the Regular meeting held February 16, 1983 and the Special Called Meeting held February 23, 1983. A motion was made by Councilperson Westergren to accept the minutes as presented. Second by Councilperson Skelton. The motion carried, 5 ayes, 0 nays and 1 abstain. Ayes: Councilpersons Matuszak, Graves, Skelton, Westergren and Mayor Cline Nays: None Abstain: Councilperson Pfeiffer 4. Mr. Bill Angel was not present to discuss the coin operated game machines. 5. Eugene Hovey presented a review of the 1981-82 City Audit. The audit was accepted as presented and is a part of the official minutes. . . . l!I!""'-~~ . . Minutes, Regular Meeting, La Porte City Council March 2, 1983, Page 2 6. The Council considered increasing the Board of Directors of the La Porte Area Emergency Ambulance Corp from five (5) members to seven (7) members. A motion was made by Councilperson Matuszak to increase the Board of Directors of the La POJ;'te Area Emergency Ambulance Corp from Sto 7 members. Second by Councilperson Skelton. The motion carried, 6 ayes and 0 nays. Ayes: Councilpersons Matuszak, Graves, Pfeiffer, Skelton, Westergren and Mayor Cline Nays: None 7. The Council consdiered the appointment of two persons to fill the two newly created positions on the La Porte Area Emergency Ambulance Corp Board of Directors. Councilperson Pfeiffer requested an executive session on personnel to discuss the appoin tmen ts . ~ 8. The Council considered an amended lease agreement for a parking lot with Swann Technical Services, Inc. A motion was made by Councilperson. Graves.. to approve the amended lease ag:reement.Secpndby Councilperson Matuszak. The motion carried, 6 ayes and 0 nays. Ayes: Councilpersons Matuszak, Graves, Pfeiffer, Skelton, Westergren and Mayor Cline Nays: None .~. 9. Ci ty Attorney Askins read: AN ORDINANCE AMENDING ORDINANCE NO. 1333, "AN ORDINANCE LEVYING TAXES UPON TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT TO TAXATION IN THE CITY OF LA PORTE, TEXAS; AND MAKING APPROPRIATIONS FOR SUPPORT, MAINTENANCE, AND IMPROVEMENT OF THE CITY GOVERNMENT OF SAID CITY OF LA PORTE, TEXAS; AND PROVIDING AN EFFECTIVE DATE HEREOF. . A motion was made by Councilperson Skelton to approve and adopt Ordinance No. l333A as read by the City Attorney. Second by Councilperson Pfeiffer. The motion carried, 6 ayes and 0 nays. Ayes: Councilpersons Matuszak, Graves, Pfeiffer, Skelton, Westergre~ and Mayor Cline Nays: None '''".'i':,"~'~'' e e . Minutes, Regular Meeting, La Porte City Council March 2, 1983, Page 3 . y 10. The City Attorney read: AN ORDINANCE AMENDING CHAPTERS 8 AND 22-1/2 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY ADOPTING THE NEW AND MOST RECENT ADDITIONS OF THE SOUTHERN BUILDING CODE, 1982 EDITION, AND APPENDICES, THE SOUTHERN STANDARD PLUMBING CODE, 1982 EDITION, AND APPENDICES, THE SOUTHERN STANDARD GAS CODE, 1982 EDITION, AND APPENDICES, THE SOUTHERN STANDARD HOUSING CODE, 1982 EDITION, AND APPENDICES; THE SOUTHERN STANDARD MECHANICAL CODE, 1982 EDITION, AND APPENDICES, BY REQUIRING A $5,,000.00 BOND TO BE PRE- SCRIBED BY THE BUILDING INSPECTOR IN THE INSTANCE OF MOVING OF BUILDINGS, GENERAL AND MECHANICAL CONTRACTING WORK, PLUMBING WORK, AND MECHANICAL WORK; BY AMENDING TERMS UNDER WHICH THE SOUTHERN STANDARD BUILDING CODE IS TO BE ADOPTED BY THE CITY BY ALTERING REQUIREMENTS FOR INSTALLATION AND CONSTRUCTION OF FIRE DETECTION SYSTEMS; PROVIDING THAT TENERAL AND MECHANICAL CONTRACTORS AND PLUMBING CONTRACTORS ATTEMPTING TO PERFORM WORK IN THE CITY OF LA PORTE CARRY WORKERS' COMPEN- SATION INSURANCE, PUBLIC LIABILITY INSURANCE IN CERTAIN SPECI- FIED AMOUNTS, AND PROPERTY DAMAGE INSURANCE IN CERTAIN SPECI- FIED AMOUNTS; FURTHER AMENDING CHAPTER 22-1/2, SECTION 22-1/2-7, OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY ADOPTING THE SOUTHERN STANDARD SWIMMING POOL CODE, 1982 EDITION, AND APPENDICES; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00); CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. A motion was.made by Counci1person.WestergI:'en to approve and adopt Ordinance No. 1355 as read by the City Attorney. Second by Counci1person Matuszak. The motion carried, 6 ayes and 0 nays. Ayes: Counci1persons Matuszak, Graves, Pfeiffer, Skelton, Westergren and Mayor Cline Nays: None ~-11. The City Attorney read: AN ORDINANCE DEFINING, REGULATING AND LICENSING OF PEDDLERS, SOLICITORS AND CANVASSORS; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00); CONTAINING A REPEALING CLAUSE; CONTAINING A SEVER- ABILITY CLAUSE; FINDING COMPLIA.NCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. . . . . 12. . ~:,..f.i<'''..... 'c." \'_'+' ...,.,-.}~,-"",,, ..,"-"'5'-.-;Ol;~~~'::e'~'''. . . Minutes, Regular Meeting, La Porte City Council March 2, 1983, Page 4 . A motion was made by CouncilpersonMatuszak to approve and adopt Ordinance No. 1356 as read by the City Attorney. Second by. Conncilperson Westergren. Council discussion followed. A motion was made by Councilperson Graves to amend Ordinance No. 1356, page. 4, Section 2(A), (10), to read "There shall be no solicitation upon any .residential premises, other than u on rior invitation of the occupant of an such premises, prlor to 9:00 A.M. or after 30 mlnutes a ter sunset, oca time of any day." Second by Councilperson .Matuszak. The motion carried, 6 ayes and 0 nays. Ayes: Councilpersons Matuszak, Graves, Pfeiffer, Skelton, Westergren and Mayor Cline Nays: None Mayor Cline called for a vote on the original motion to adopt Ordinance No. 1356. The motion carried, 6 ayes and o nays. Ayes: Councilpersons Matuszak, Graves, Pfeiffer, Skelton, Westergren and Mayor Cline Nays: None City Attorney Askins read: AN ORDINANCE AMENDING ARTICLE 12 1/2 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, SAID ARTICLE BEING THE INDUSTRIAL WASTE ORDINANCE OF THE CITY OF LA PORTE; ADDING DEFINITIONS OF APPROVING AUTHORITY, DRY INDUSTRY, AND SUPERINTENDENT; PROHIBITING THE DISCHARGE OF ANY INDUSTRIAL WASTE INTO ANY SANITARY SEWER WITHIN THE CITY OF LA PORTE WITHOUT FIRST OBTAINING PERMIT THEREFOR; REQUIRING CONTROL MONITORING WELLS AND OTHER METERS, SAFETY AND MONITORING DEVICES; ESTABLISHING SAMPLING AND TESTING PROCEDURE; MONITORING THE INDUSTRIAL COST RECOVERY SURCHARGE FORMULA; REQUIRING AN ANNUAL PERMIT AND DISCHARGE REPORT; ESTABLISHING THE CONDITIONS FOR THE ISSUANCE OF PERMITS; AND ESTABLISHING PERMIT FEES; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION BE FINED NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); CONTAINING SEVERABILITY AND REPEALING CLAUSES; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. A motion was made by Councilperson Matuszak to approve and adopt Ordinance No. 1357 as read by the City Attorney. Second by Councilperson Skelton. The motion carried, 6 ayes and 0 nays. . . . I I Minutes, Regular Meeting, La Porte City Council March 2, 1983, Page 5 Ayes: Counci1persons Matuszak, Graves, Pfeiffer, Skelton, Westergren and Mayor Cline Nays: None 13. Administrative Reports: Jerry Hodge, Director of Public Works, reported to Council on his meeting with the Chamber of Commerce to discuss a "Clean Up-Green Up" for La Porte. Hodge stated he had met with Paul Green, a member of Commissioner Fonteno's staff, and Green is preparing landscaping plans for the esplanade in Fairmont Parkway all the way to Sylvan Beach and further stated he would be complete or near complete by Sylvan Beach Day (April 30). All Green is requesting is water taps on each of the islands. City Manager Owen requested an executive session on a personnel matter. 14. Council Action: Counci1person Matuszak expressed concern with a catch basin created by work which had been done by the Jennie Reid Elementary School. Matuszak asked that someone check on the lights left burning on the Fairmont Park ball field when no one was on the field. Counci1person Pfeiffer suggested a notice be sent to con- tractors about the increased bond required under the amended "Building Code Ordinance." Counci1person Westergren congratulated the La Porte Texans War on Drugs Committee for a job well done February 26. Mayor Cline called for a motion to retire into an executive session to discuss a legal and a personnel matter. Counci1- person Westergren made a motion for executive session. Second by Counci1person Pfeiffer. The motion carried, 6 ayes and 0 nays. Ayes: Counci1persons Matuszak, Graves, Pfeiffer, Skelton, Westergren and Mayor Cline Nays: None 15. The Council retired into executive session at 7:55 P.M. Council returned to the Council table at 9:47 P.M. . . . I I Minutes, Regular Meeting, La Porte City Council March 2,1983, Page 6 A motion was made by Councilperson Skelton to appoint Robert Head and John Albanese to the Board of Directors of the La Porte Area Emergency Corp. Second by Councilperson Graves. The motion carried, 6 ayes and 0 nays. Ayes: Councilpersons Matuszak, Graves, Pfeiffer, Skelton, Westergren and Mayor Cline Nays: None A motion was made by Councilperson Pfeiffer to authorize the engineering firm of Busch, Hutchison & Associates to redraw the bid specifications for the sanitary sewer rehab- ilitation project and proceed to set a date to receive bids on the project. Second by Councilperson Westergren. The motion carried, 6 ayes and 0 nays. Ayes: Councilpersons Matuszak, Graves, Pfeiffer, Skelton, Westergren and Mayor Cline Nays: None 16. There being no further business to come before the Council, the meeting was duly adjourned at 9:50 P.M. Respectfully submitted: Passed & Approved this the 16th day of March, 198 ~ Virginia Cline, Mayor . . . J- , . CITY OF LA PORTE . AUDIT REPORT SEPTEMBER 30. 1982 .. , ~ EUGENE HOVEY, P. C. CERTIFIED PUBLIC ACCOUNTANT 902 WEST MAIN STREET LA PORTE: 1;EXAS 77571 ............... . -I '"' ..J 1 . . . . ... ~ . e CITY OF LA PORTE AUDIT REPORT YEAR ENDED SEPTEMBER 30, 1982 TABLE OF CONTENTS Auditor's Opinion Combined Balance Sheet - All Fund Types and Account Groups Combined Statement of Revenues, Expenditures, and Changes in Fund Balances - All Governmental Fund Types .... Combined Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget (GAAP Basis) and Actual - Governmental Fund Types .. . . . . . . . . . . . . . Combined Statement of Revenues, Expenses, and Changes in Retained Earnings/Fund Balances - All Proprietary Fund Types . . , . . . . . . . . . . .. .... Combining Statement of Revenues, Expenses, and Changes in Retained Earnings - All Enterprise Funds .... Combined Statement of Changes in Financial Position - All Proprietary Fund Types . .. ........... Combining Statement of Changes in Financial Position _ All Enterprise Funds . . . . Notes to the Financial Statements Exhibit 1 2 3 4 5 6 7 e e . EUGENE HOVEY, P. C. CERTIFIED PUBLIC ACCOUNTANT P.o. BOX 1375 LA PORTE. TEXAS 77'571 PHONE 471-2700 January 28, 1983 , . Honorable Mayor, Members of the City Council and City Manager Ci ty of La Porte We have examined the combined financial statements of the City of La Porte and the combining financial statements as of and for the year ended September 30, 1982, as listed in the table of contents. Our examination was made in accordance with generally accepted auditing standards and, accordingly, included such tests of the accounting records and such other auditing procedures as we considered necessary in the circumstances. . In our opinion, the combined financial statements referred to above present fairly the financial position of the City of La Porte at September 30, 1982, and the results of its operations and the changes in financial position of its proprietary fund types for the year then ended, in conformity with generally accepted ac- counting principles applied on a basis consistent with that of the preceding year. Also, in our opinion, the combining financial statements referred to above present fairly the results of oper- ations and the changes in financial position of the individual proprietary funds for the year then ended, in conformity with generally accepted accounting principles on a basis consistent with that of the preceding year. . Respectfully submitted, EUGENE HOVEY, P.C. ~,.., -- ~ Eugene Hovey Certified Public Accountant . e CITY OF LA PORTE e COMBINED BALANCE SHEET-ALL FUND TYPES AND ACCOUNT GROUPS SEPTEMBER 30, 1982 ASSETS Cash on Hand and in Bank Cash Investments Receivable (Net, where applicable, of allowance for uncollectibles): Delinquent Taxes Accounts Accrued Interest Due from Other Funds Due from Other Governments Inventory, at Cost Restricted Assets: Cash and Cash Investments Accrued Interest Receivable Due from Other r~vernments Fixed Assets (Net of Accumulated Depreciation) Amount Available in Debt Service Fund Amount to be Provided for Retirement of General Long-Term Debt TOTAL ASSETS EXHIBIT 1 Page 1 of 2 Governmental Fund Types Debt Capital General Service Proiects $ 83,7871 2,337,575/ 230,139 135,557 106,698 20, 173 40,817 110,000 $3,064,746J (See accompanying notes to financial statements.) -1- $ 55,057 649,052 8,995 ~ $ 711,104 $ 53,249 2,901,325 11,791 16,431 13,397 $2,996,193 . . . e e . . . Proprietary Fund Types Account GrollpR Internal General Fixed General Long Memorandum Enterprise Service Assets Term Debt Totals $ 95,642 $ 642,254 $ $ $ 929,989 438,560 6,326,512 230,139 370,356 517,704 15,423 13,189 160,736 2,702 22,875 54,214 110 ,000 501,142 501,142 6,409 6,409 29,500 29,500 . 6i121~ 8,176,991 19,498,231 713,104 713,104 6.259.896 6.259,896 J 655.443J $12.780,974 $ $ 8 . 176 . 991 $6.973.000 $35.360.451 , -2- . e e EXHlIHT 1 Page 2 0 f 2 CITY OF LA PORTE COMBINED BALANCE SHEET-ALL FUND TYPES AND ACCOUNT GROUPS . SEPTEMBER 30, 1982 LIABILITIES Accounts Payable $ Advances from Customers Due to Other Funds Tax Anticipation Note Deferred Income Payable from Restricted Assets Customer Water Deposit Revenue Bonds Payable Deferred Income General Long-Term Obligations Payable Estimated Liability for Compensated Absences Revenue Bonds Payable TOTAL LIABILITIES FUND EQUITY Contributed Capital Investment in General Fixed Assets Retained Earnings: Reserved for Excess of Restricted Assets Over Related Liabil ities Unreserved Designated Unreserved Undesignated Fund Balance: Reserved for Debt Service Reserved for Capital Projects Unreserved but Designated for Subsequent Years' Expenditures Unreserved and Undesignated Total Retained Earnings/Fund Balance TOTAL FUND EQUITY TOTAL LIABILITIES AND FUND EQUITY Governmental Fund Types Debt Capital General Service Proiects 577,171 $ $ 2,702 35,144 230,139 $ . 845,156 $ $ $ $ $ (See accompanying notes to financial statements.) . -3- e e . . . .. . . Proprietary Fund Types Account Groups Internal General Fixed General Long Memorandum Enterprise Service Assets Term Debt Totals $ 18,764 $ $ $ $ 595,935 55,371 55,371 20,173 22,875 35,144 230,139 61,865 61,865 30,000 30,000 29,500 29,500 6,973,000 6,973,000 59,544 59,544 130 , OO<Y 130 ,000 . $ $ $ <f;':223~ 405,217 $ 6,973,000 ~-------/ $ 7,475,592 $ 612,927 $ $ $ 8,088,519 8,176,991 8,176,991 415,686 218,340 4,266,139 42,516 415,686 218,340 4,308,655 713,104 368,632 830,982 4,016,169. $10.871, 568 27,137.078 $35,160.451 e e CITY OF LA PORTE EXHIBIT 2 . COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES - ALL GOVERNMENTAL FUND TYPES FOR THE YEAR ENDED SEPTEMBER 30, 1982 . . . . . e CITY OF LA PORTE e COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE-BUDGET (GAAP) AND ACTUAL- GOVERNMENTAL FUND TYPES FOR THE YEAR ENDED SEPTEMBER 30, 1982 General Fund EXHIBIT 3 .. Budget REVENUES: Taxes Licenses & Permits Intergovernment~l Revenues Charges for Services Fines &. Forfeitures Miscellaneous Revenues $6,341,360 62,400 177 , 211 370,412 106,950 293.500 $7,351.833 TOTAL REVENUES EXPENDITURES Current: Fire Police Administration Public Works Engineering Parks & Recreation $ 596,024 1,429,578 3,990,260 2,948,614 567,397 839.941 $10,371.814 TOTAL EXPENDITURES EXCESS (DEFICIENCY) OF REVENUES OVER EXPENDITURES $(3,019,981) " OTHER FINANCING SOURCES (USES) Operating Transfers In Operating Transfers (Out) $ 389,090 ( 16 , 167) TOTAL OTHER FINANCING SOURCES (USES) $ 372,923 EXCESS (DEFICIENCY) OF REVENUES AND OTHER SOURCES OVER EXPENDITURES AND OTHER USES $(2,647,058) FUND BALANCE, OCTOBER 1, 1981 4,163,710 RESIDUAL EQUITY TRANSFER OUT: MOTOR POOL REPLACEMENT INTERNAL SERVICE FUND CAPI TAL IMPROVEMENTS FUND $ FUND BALANCE, SEPTEMBER 30, 1982 $1,516,652 (See accompanying notes to financial statements.) -6- Actual $6,702,936 108,844 177,191 437,405 209,152 768,647 $8.404.175 $ 581,872 1,300,460 1,838,168 2,877 ,940 437,026 722.400 $7.757,866 $ 646.309 $ 389,090 (41.167) $ 347.923 $9 4,163,710 Variance Favorable (Unfavorable) $ 361,576 46,444 . (20) 66,993 102,202 475.147 $1.052,342 $ 14,152 129,118 2,152,092 70,674 130,371 117.541 $2,613.948 $3,666.290 $ (25,000) $ (25 ,QQQ) $3,641,290 $2,219,590 $ 702,938 . - . . . . . -, e CITY OF LA PORTE e COMBINED STATEMENTS OF REVENUES, EXPENSES AND CHANGES IN RETAINED EARNINGS/FUND BALANCES - ALL PROPRIETARY FUND TYPES FOR THE YEAR ENDED SEPTEMBER 30, 1982 .(389,090) 6$~ 4~845.160 Enterprise OPERATING REVENUES Charges for Services Airport Income $1,964,082 9,713 $1.973,795 TOTAL OPERATING REVENUES OPERATING EXPENSES Personal Services Supplies Maintenance Contractual Services Sund ry Depreciation Bad Debts $ 719,621 93,717 149,603 246,927 8,830 561,135 20.507 $1. 800 . 340 $ 173,455 TOTAL OPERATING EXPENSES OPERATING INCOME NON-OPERATING REVENUES (EXPENSES) Interest Income Servicing of Customers Installations Interest & Fiscal Charges $ 66,676 185,089 ( 6. 125) TOTAL NON-OPERATING REVENUES (EXPENSES) $ 245,640 $ 419,095 $ 25,000 INCOME BEFORE OPERATING TRANSFERS OPERATING TRANSFERS IN OPERATING TRANSFER (OUT) NET INCOME RETAINED EARNINGS FUND BALANCES, OCTOBER 1, 1981 RETAINED EARNINGS, FUND BALANCES SEPTEMBER 30, 1982 Internal Service $ $ $ $ $ $ 42,516 $ $ 42.516 $ $4,900,165 $ 42,516 ~ (See accompanying notes to financial statements.) -7- EXHIBIT 4 Memorandum Totals $1,964,082 9,713 $1.973.795 $ 719,621 93,717 149,603 246,927 8,830 561,135 20.507 $1. 800,340 $ 173.455 $ 109,192 185,089 (6.125) $ 288,156 $ 461,611 $ 25,000 (389 .090) $~ 4,845,160 $4,942,681 . . . \ . . . . -, . . e CITY OF LA PORTE e EXHIBIT 5 COMBINING STATEMENT OF REVENUES, EXPENSES AND CHANGES IN RETAINED EARNINGS ALL ENTERPRISE FUNDS FOR THE YEAR ENDED SEPTEMBER 30, 1982 Utility Fund OPERATING REVENUES: Charges for Services Airport Income $1,964,082 TOTAL OPERATING REVENUES $1.964.082 OPERATING EXPENSES: Personal Services Supplies Maintenance Contractual Services Sundry Depreciation Bad Debt,s $ 719,621 93,717 149,603 246,927 8,830 527,858 20.507 TOTAL OPERATING EXPENSES $1,767,06.3 OPERATING INCOME (LOSS) $ 197,019 NON-OPERATING REVENUES (EXPENSES): Interest Income Servicing of Customers Installa- tions Interest and Fiscal Charges $ 61, 867 185,089 (5.707) TOTAL NON-OPERATING REVENUES (EXPENSES) $ 241. 249 INCOME (LOSS) BEFORE OPERATING TRANSFERS$ 438,268 OPERATING TRANSFERS IN 25,000 OPERATING TRANSFERS (OUT) (389.090) NET INCOME (LOSS) $ 74,178 RETAINED EARNINGS, OCTOBER 1, 1981 4.401. 404 RETAINED EARNINGS, SEPTEMBER 30, 1982 $4 475.582 (See accompanying notes to financial statements.) -8- Airport Fund $ 9,713 $ 9,713 $ 33,277 $ 33.277 $ (23.564) $ 4, 809 ( 418) $ 4.391 $ (19,173) $ (19,173) $ 443.756 $ 424,583 Memorandum Tot a 1 s $1,964,082 9.713 $1.973.795 $ 719,621 93,717 149,603 246,927 8,830 561,135 20,507 $1~800,340 $ 173.455 $ 66,676 185,089 (6.125) $ 245,640 $ 419,095 25,000 4,845,160 $A.900.l65 . . . \ . . .~ . 'c e CITY OF LA PORTE e COMBINED STATEMENT OF CHANGES IN FINANCIAL POSITION ALL PROPRIETARY FUND TYPES FOR THE YEAR ENDED SEPTEMBER 30, 1982 Sources of Working Capital: Operations: Net Income for Year Items not requiring Working Capital- Depreciation Increase in ~ong Term Compensated Absences Working Capital Provided By Operations Net Increase in Current Liabilities Payable from Restricted Assets Contributions by Local Government Contributions by Developers Total Sources of Working Capital Application of Working Capital: Acquisition of Fixed Assets Decrease in Long-Term Debt Net Increase in Restricted Assets Total Application in Working Capital NET INCREASE IN WORKING CAPITAL Elements of Net Increase (Decrease) in Working Capital: Cash Accounts Receivable Accrued Interest Receivable Inventory Due from Other Funds Accounts Payable Due to Other Funds Advances from Customers NET INCREASE IN WORKING CAPITAL Enterprise $ 55,005 561,135 22.983 639,123 6,395 684,301 ~4, 840 $1,474,659 $. 968,068 30,000 133.464 $1.131, 532 $ 343.127 $ 255,274 114,949 4,664 (35,058) 2,702 (627) 2,262 (1. 039) $ 343.127 (See accompanying notes to financial statements.) -9- Internal Service $ 42,516 42,516 612,927 $ 655.443 $ $ $ 655.443 $ 642,254 13,189 $ 655,443 EXHIBIT 6 Memorandum Totals $ 97,521J 561,135 22,983 681,639 6,395 1,297,228 144.840 $2,130,102 $- 968,068 30,000 133.464 $1.131.532- f=-99=~~~) $ 897,528 114,949 17,853 (35,058) 2,702 (627) 2,262 (1,039) $ 998,570 . . . \ . . -. . ". e CITY OF LA PORTE e COMBINED STATEMENT OF CHANGES IN FINANCIAL POSITION ALL ENTERPRISE FUNDS FOR THE YEAR ENDED SEPTEMBER 30, 1982 Sources of Working Capital: Operations: Net Income (Loss) Items Not Requiring Working Capita1- Depreciation Increase in Long Term Compensated Absences Working Capital Provided by Operations Net Increase in Current Liabilities Payable from Restricted Assets Contributions by Local Government Contributions by Developers Total Sources of Working Capital Application of Working Capital: Acquisition of Fixed Assets Decrease in Long-Term Debt Net Increase in Restricted Assets Total Application in Working Capital NET INCREASE IN WORKING CAPITAL Elements of Net Increase (Decrease) in Working Capital: Cash Accounts Receivable Accrued Interest Receivable Inventory Due From Other Funds Accounts Payable Due to,'Other Funds Advances from Customers NET INCREASE IN WORKING CAPITAL Ut ility Fund $ 74,178 527,858 22.983 625,019 6,395 684,301 144.840 $1,460,555 $ 968,068 25,000 124.360 $1. 117 .428 $ 343.127 $ 255,274 114,949 4,664 (35,058) 2,702 (627) 2,262 (1,039) $ 343 127 (See accompanying notes to financial statements ) -10- Airport Fund $ (19,173) 33,277 14, 104 $ 14.104 $ 5,000 9,104 $ 14.104 $ $ $ EXHIBIT 7 Memo- randum To ta] s $ 55,005 561,135 22.983 $ 639,123 6,395 684,301 144.840 $1.474.659 $ 968,068 30,000 133.464 $1.131~532 $ 343.127 $ 255,274 114,949 4,664 (35,058) 2,702 (627) 2,262 (1,039) $ 343,127 e e CITY OF LA PORTE Page 1 of 12 . NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 1982 . . \ NOTE 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The City of La Porte was incorporated on August 10, 1892. The City operates under a Council - Manager form of government and provides the following services: public safety (police and fire), highways and streets, sanitation, health and social services, recreation, public improvements, utilities, planning and zoning and general administrative services. The accounting policies of the City of La Porte conform to generally accepted accounting principles as applicable to governments. The following is a summary of the more significant policies: . A. FUND ACCOUNTING The accounts of the City are organized on the basis of funds and account groups, each of which is considered a separate accounting entity. The operations of each fund are accounted for with a separate set of self-balancing accounts that comprise its assets, liabilities, fund equity, revenues, and expenditures or expenses, as appropriate. Government resources are allocated to and accounted for in individual funds based upon the purposes for which they are to be spent and the means by which spending activities are controlled. The various funds are grouped, in the financial statements in this report, into five generic fund types and three fund categories as follow: Governmental Funds General Fund - The General Fund is the general operating fund of the City. It is used to account for all financial resources except those required to be accounted for in another fund. -. Debt Service Funds The General Obligation Bonds - Interest and Sinking Fund is used to account for the accumulation of resources for, and the payment of general long-term debt principal, interest and related cost. Capital Pro;ects Funds Capital Projects Fund are used to account for financial resources to be used for the acquisition or construction of planned major capital facilities (other than those financed by proprietary funds.) Effective September 30, 1982, the City has created a Capital Improvements Fund by a residual equity transfer of $2,325,425 from the General Fund to provide for planned capital improvement needs of the City. . Proprietary Funds Enterprise Funds - Enterprise Funds are used to account for opera- tions (a) that are financed and operated in a manner similar to private business enterprise - where the intent of the governing body is that the costs (expenses, including depreciation) of providing goods or services to the general public on a continuing basis be financed or recovered primarily through user charges. -11- e e . CITY OF LA PORTE Page 2 of 12 ,- NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 1982 .. . t Internal Service Funds Internal Service Funds are used to account for the financing of goods or services provided by one department or agency to other de- partments or agencies of the City, or to other governments, on a cost-reimbursement basis. The City,has created a Motor Pool Replace- ment Internal Service Fund by a residual equity transfer of $612,927 from the General Fund. The contribution has been treated as contri- buted capital by the Motor Pool Replacement Internal Service Fund. The fund will provide for vehicle replacement and will rent vehicles to the various departments of the City to provide for continuing replacement of City vehicles. The City contemplates transferring replacement vehicles from the General Fixed Assets Account Group and the Utility Fund and charging rental fees in FYE 1984. Fiduciary Funds Trust Funds - The La Porte Volunteer Firemens' Pension Fund as of July 1, 1981 has been transferred to and administered by the State Firemens' Relief and Retirement Fund. The City presently maintains no funds or accounts for the City's Firemen. -. Trust and Agency Funds - Trust and Agency Funds are used to account for assets held by the City in a trustee capacity or as an agent for private organizations and for other governments. These include expendable trust, nonexpendab1e trust, pension trust and agency funds. Nonexpendab1e trust and pension trust funds are accounted for in essentially the same manner as proprietary funds since capital maintenance is critical. Expendable trust funds are accounted for in essentially the same manner as governmental funds. Agency funds are custodial in nature (assets equal liabilities) and do not involve measurement of results of operations. The City has no trust or agency fund at the present time. . B. FIXED ASSETS AND LONG-TERM LIABILITIES The accounting and reporting treatment applied to the fixed assets and long term liabilities associated with a fund are deter- mined by its measurement focus. All governmental funds are accounted for on a spending or "financial flow" measurement focus. This means that only current assets and current liabilities are generally in- cluded on their balance sheets. Their reported fund balance (net current assets) is considered a measure of "available spendable resources." Governmental fund operating statements present in- creases (revenues and other financing sources) and decreases (ex- penditures and other financing uses) in net current assets. Accord- ingly, they are said to present a summary of sources and uses of "available spendable resources" during a period. . -12- -. e e CITY OF LA PORTE Page 3 of 12 . .- NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30,1982 . .. . \ . Fixed assets used in governmental fund type operations (general fixed assets) are accounted for in the General Fixed Assets Account Group, rather than in governmental funds. The City records all general fixed assets except domain assets such as roads, bridges, curbs and gutters, streets and sidewalks, drainage systems and similar assets that are immovable and of value only to the City. All fixed assets are valued at historical cost or estimated historical cost if actual histo~ica1 cost is not available. No depreciation has been provided on general fixed assets. Long-Term liabilities expected to be financed from governmental funds are accounted for in the General Long-Term Debt Account Group, not in the governmental funds. The two account groups are not "funds.1I the measurements of financial position. measurement of results of operation. They are concerned only with They are not involved with . Because of their spending measurement focus, expenditures recognition for governmental fund types is limited to exclude amounts represented by non-current liabilities. Since they do not effect net current assets, such long-term amounts are not recognized as governmental fund type expenditures or fund liabilities. They are instead re- ported as liabilities in the General Long-Term Debt Account Group. -. All proprietary funds and nonexpendable trust and pension trust funds are accounted for on a cost of services or "capital maintenance" measurement focus. This means that all assets and all liabilities (whether current or noncurrent) associated with their activity are included on their balance sheets. Their reported fund equity (net total assets) is segregated into contributed capital and retained earnings components. Proprietary fund type operating statements pre- sent increases (revenues) and decreases (expenses) in net total assets. Depreciation of all exhaustible fixed assets used by proprietary funds is charged as an expense against their operations. Accumulated depre~ ciation is reported on proprietary fund balance sheets. Depreciation has been provided over the estimated useful lives using the straight line method. The estimated useful lives are as follows: Utility System Buildings & Improvements Equipment 20 - 40 years 20 years 5 - 10 years . -13- ". e e . ",- CITY OF LA PORTE Page 4 of 12 NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 1982 w . . . '- . C. BASIS OF ACCOUNTING Basis of accounting refers to when revenues and expenditure~ or expenses are recognized in the accounts and reported in the financial statements. Basis of accounting relates to the timing of the measure- ments made, regardless of the measurement focus applied. Governmental fund types of the City are kept on a modified accrual basis. The modified accrual basis of accounting records revenues in the accounting period in which they become both measurable and available to finance expenditures of the fiscal period. Taxes collected as well as other revenues, such as inspection fees and fines, are reported as income when received. Uncollected and delinquent tax receivables due at year end are recorded as deferred revenue items until collection is assured. Expenditures are generally recognized under the modified accrual basis of accounting when the related fund liability is incurred. Exceptions to this general rule include: (1) accumulated unpaid vacation, sick pay, and other employee amounts which are not accrued; and (2) principal and interest on general long-term debt which is recognized when due. . All proprietary funds and nonexpendab1e trust and pension trust funds are accounted for using the accrual basis of accounting. Their revenues are recognized when they are earned, and their expenses are recognized when they are incurred~ Unbilled Utility Fund utility service receiv- ables are recorded at year end. -. D. BUDGETS AND BUDGETARY ACCOUNTING The City follows th~se procedures in establishing the budgetary data reflected in the financial statements: 1) Prior to September 1, the City Manager submits to the City Council a proposed operating budget for the fiscal year commencing the following October 1. The operating budget includes proposed ex- penditures and the means of financing them. 2) A public hearing is conducted to obtain taxpayer comments. 3) Prior to September 30, the budget is legally enacted through passage of an ordinance. 4) The City Manager approves changes within a department, which is the legal level of control. Council approves changes between departments as well as amends the budget during the year as may be required. . -14- " e e . CITY OF LA PORTE Page 5 of 12 1'\-..... NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 1982 l. . . -:: 5) Formal budgetary integration is employed as a management control device during the year for the General Fund and Enterprise Funds. Formal Budgetary integration is not employed for Debt Service Funds and Capital Project Funds because effective budgetary control is alternatively achieved through general obligation bond indenture provisions and lega11y binding construction contracts, respectively. 6) The budget for the General Fund is adopted on a basis consistent with generally accepted accounting principals (GAAP). Budgets for Enter- prise Funds are utilized for planning, control and evaluation pur- poses. They are adopted on a basis consistent with GAAP except that bond principal payments and fixed asset acquisitions are treated as expenditures. Budgeted amounts are as originally adopted, or as amended by the City Council prior to September 30, 1982. Individual amendments were not material in relation to the original appropriations which were amended. . E. ENCUMBRANCES Encumbrance accounting, under which purchase orders, contracts and other commitments for the expenditure of monies are recorded in order to reserve that portion of the applicable appropriation, is employed as an extension of formal budgetary integration in the General Fund and Capital Project Funds. Encumbrances outstanding at year end are re- ported as reservations of fund balances since they do not constitute expenditures or 1iabilities. Appropriations lapse at year end. F. INVESTMENTS Investments in time-deposit certificates are stated at cost. Amounts of cash held in passbook savings accounts at year end are included as part of the cash balance on the financial statements. G. INVENTORY Inventory is valued at cost (first-in, first-out). Inventory in the General and Enterprise Funds consists of expendable supplies held for consumption. The cost is recorded as an expenditure at the time individual inventory items are consumed. H. ADVANCE TO OTHER FUNDS All inter fund loans receivable (reported as "Due from" asset accounts) are considered "available spendable resources." . -15- -. . . e . CITY OF LA PORTE Page 6 of 12 ... NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 1982 .. . . . ~ . 1. EMPLOYEES' RETI REMENT PLAN The City participates in a Retirement Plan administered totally by the Texas Municipal Retirement System. After 90 days of employment with the City, participation in the pIan becomes mandatory. Employees are required to contribute 7% of their gross wages and this is matched by the City. The City's contribution for the fiscal year was $187,955. Participants become vested in the City's contribution after 20 years of credible service if less than 60 years of age, and after 15 years of service if more than 60 years of age. The date of the most recent actuarial valuation is December 31, 1981 and was based on the plan of benefits in effect on January 1, 1982. The actuarial cost method used was the Unit Credit Actuarial Cost Method. The unfunded accrued liability is being amortized with a level percent- age of payroll over a period of 25 years which began January 1981. The actuarial cost for 1981 (as a percentage of payro11) was 3.76% for the normal cost contribution rate and 1.07% for the prior service contri- bution rate or 4.83% for the total retirement contribution rate. The actuarial present value of accrued benefits, total assets, and unfun- ded accrued liability at December 31, 1981 is as follows: . Actuarial Present Value of Accrued Benefits Vested a. Annuitants b. Nonretired members Nonvested Total Accrued Benefits Total Assets (Book Value) Unfunded Accrued Liability $ 271,513 1,078,477 298,833 $1,648,823 1,087,982 560,841 . There have been no changes in the actuarial cost method since the previous valuation; however, the interest rate and annuitant morality assumption have been changed. The impact of the change as of the valuation date was to increase the unfunded accrued liability by $13,342 and to increase the 1983 prior service contribution rate by .02%. There have been no changes in benefits since the previous val- uation and all employees who were members of the System on the valua- tion date have been included in the valuation. Since the System is of the money-purchase type, the interest earned by the System and realized investment gains and losses are distributed annually to the accounts of the members and the municipalities. Gains (losses) from other sources decrease (increase) the unfunded accrued liability and are thus amortized using a spread method. There has been no change in the treatment of actuarial gains and losses since the previous valuation. Because of the money-purchase nature of the System, there is no need for an interest rate assumption in valuing the actuarial present value of accrued benefits for nonretired members. For annuitants, the actuarial present value of benefits is calculated using a 5% interest rate assumption. The 5% assumption is also used in calculating the prior service contribution rate. -, -16- . .... t . . " . . "- . ~ . . NOTE 2: . -. . e CITY OF LA PORTE Page 7 of 12 NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 1982 The City also participates in a retirement plan for the volunteer Firemen administered totally by the State's Firemen Pension Fund. The City,contributed $9,720 in FY 9-82. Total assets of the City's plan at 9-30-82 were $24,663. Although no actuarial computed values of vested benefits have been made for the City's plan, the State has no- tified ,the City that benefits to future retirees have been increased with no additional cost to the City. In addition, the state has not requested any additional funding for retirees and widows. J. ACCUMULATED UNPAID VACATION. SICK PAY AND OTHER EMPLOYEE BENEFIT AMOUNTS Employees are credited with vacation time at rates from ten to twenty-five days per year, depending upon length of service. After one year of service, all unused vacation time earned is vested and payable upon an employee's termination with the City. Employees are credited with sick leave at the rate of 1.25 days per month. After one year of service, all unused sick time is vested and payable upon an employee's termination with the City. The accumulated unpaid vacation and sick pay amounts are accrued when incurred in proprietary funds (using the accrual basis of ac- counting). Such amounts are not accrued in governmental funds (using the modified accrual basis of accounting). At September 30, 1982, unrecorded General Fund estimated liabilities for compensated absences was $474,372. The $474,372 is designated as reserved against fund balance which indicates that this amount is not "available spendable resources." The Utility Fund liability at year end was $59,544. K. TOTAL COLUMNS ON COMBINED STATEMENT - OVERVIEW Total columns on the Combined Statements - Overview are captioned Memorandum only to indicate that they are presented only to facilitate financial analysis. Data in these columns do not present financial position, results of operations, or changes in financial position in conformity with generally accepted accounting principles. Neither is such data comparable to a consolidation. Interfund eliminations have not been made in the aggregation of this data. PROPERTY TAXES Property taxes for fiscal year September 30, 1982, attach as an enfor- ceable lien on property as of January 1, 1981. Taxes at $.72 per $100 of assessed valuation were levied on, September 15, 1981 and were payable on October 1, 1981. -17- . . . . . . t. . a - NOTE 3: . NOTE 4: - - . e CITY OF LA PORTE Page 8 of 12 NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 1982 DUE FROM OTHER GOVERNMENTS Amounts due from the Federal Government include $40,817 due from the Revenue Sharing Program and $13,397 due on reimbursement of Step III Sanitation Sewer Project. The Airport Fund also has amounts due of $29,500. CHANGES IN GENERAL FIXED ASSETS A. summary of changes in General Fixed Assets follows: Balance Balance Oc t. 1, 1981 Additions Deletions SePt.30. 1982 Land $1,149,228 $ 151,018 $ $1,300,246 Buildings 1 , 910 , 043 952,343 2,862,386 Improvements Other Than Buildings 509,800 392,377 902,177 Equipment 2,277,060 835,122 3,112,182 Construction In Progres s 937,448 937.448 TOTAL $6.783.579 $2.330.860 $937.448 $8-176.991 During the year additions were made to reflect revised estimated cost data available and to record assets not previously included in the October 1, 1981 inventory. The additions were $228,253 to Improvements other than Buildings and $172,963 to Equipment. Other additions represent. transfers from General Fund of $826,445, Capital Projects Fund of $165,751, and 10-1-81 Construction in Progress of $937,448. There was no construction in progress at September 30, 1982. A summary of proprietary fund type pro- perty, plant and equipment at September 30, 1982 follows: Land Buildings Airport Improvements Utility Plant Vehicles & Equipment Construction in Progress TOTAL Less: Accumulated Depreciation NET Enterprise Utility $ 47,701 $ 18,603 Funds Airport 631,099. 10,367,786 382,311 3,923.953 $14,740,354 $ 3.806.196 $10 934,158 $ 631,099 244,017 387,082 Utility additions in FY 9-30-82 are Utility Plant $1,322,311 and Equipment $8,564. Construction in Progress decreased by $362,808 during FY 9-30-82. At year end, the City had entered into construction contracts for $4,200,965 of which $3,832,333 had been expended, leaving $368,632 to be expended as the work is completed from the Capital Projects Fund. Engineering fees of $91,621 are also carried over in construction in pro- gress from last year. There were no changes in Utility Land, Buildings and Airport Improvements. Utility contributed capital increased by $829,141 in Fy 9-30-82. -18- . t. . . " . . . . "- . .. . , NOTE 5: . e CITY OF LA PORTE Page 9 of 12 NOTES to.FINANCIAL STATEMENTS .SEPTEMBER 30, .1982 CHANGES IN LONG-TERM DEBT The following is a summary of long-term debt transactions of the City for the year ended September 30, 1982: Bonds payable and Certificates of Obligation are comprised of the following individual issues at September 30, 1982: General Obligation Bonds and Certificates of Obligation 1965 General Obligation serial bond due in annual installments of $50,000 through February 1, 1986; Interest at 3.6% for 1981 - 1984; 3.7% for 1985 _ 1986 $ 200,000 1956 Water District Bonds, serial bonds due in annual installments of $17,000 to $28,000 through June 1, 1989; Interest at 4.25% 165,000 1962 Water District serial bonds in annual in- stallments of $15,000 to $50,000 through February 1, 1991; Interest at 5% 243,000 1963 Water District serial bonds in annual in- stallments of $5,000 to $55,000 throught June 1, 1993; Interest at 5% 175,000 1970 Water District serial bonds in annual in- stallments of $5,000 to $10,000.through February 1, 1989; Interest at 6.5% 65,000 1970 Water District serial bonds due in annual installments of $5,000 to $10,000 from February 1, 1989 through February 1, 1993; Interest at 8% 45,000 1973 General Obligation serial bonds due in annual installments of $30,000 to $50,000 through February 15, 1996; Interest at 6% to 1986; 5% from 1987 - 1988; 5.10% from 1989 - 1991; 5.2% for 1992; 5.25% from 1993 to 1994; 4% from 1995 to 1996 560,000 -19- . . CITY OF LA PORTE Page 10 of 12 . -. NOrES TO FINANCIAL STATEME~TS SEPrEMBER 30, 1982 ~ ./ . 1979 General Obligation serial bonds due in annual installments of $100,00 through February 15, 1995; Interest at 6.4% to 1983; 5.2% from 1984 to 1991; 5.3% to 5.45% from 1992 to 1995 $1,300,000 . . 1980 General Obligation and Refunding serial bonds due in annual installments of $175,000 to $275,00 through August 1, 1999; Interest at 8.5% 1981,- 1984; 7.50% from 1985 - 1988; 7.0% from 1989 - 1993; 7.5% to 8.25% from 1994 to 1999 3,500,000 1980 Certificates of Obligation due in annual installments of $80,000 through February 1, 1991; Interest at 7.75% 720,000 $6,973,000 . Revenue Bonds: 1965 Waterworks and Sewer serial bonds due in annual installments of $25,000 through March 15, 1988; Interest at 3.6% to 1983; 3.7% from 1984 to 1988 $ 150,000 ". 1965 Airport serial bonds due in annual in- stallments of $5,000 through January 15, 1984; Interest at 4.5% 10,000 $ 160,000 . - ... A summary of annual requirements to amortize all debts outstanding as of September 30,1982, including interest payments of $3,683,883 is as follows: General Obligations Revenue Total 1983 $ 936,125 $ 35,413 $ 971,538 1984 906,990 34,275 941,265 1985 878,137 28,238 906,375 1986 848,043 27,312 875,355 1987-91 3,629,235 51,850 3,681,085 1992-99 3,441, 265 3,441,265 nO,639,795 $ 177,088 $10 , 816 , 883 . -20- J . .... " . i . . . ~ ... t . NOTE 6: NOTE 7: NOTE 8: NOTE 9: . . CITY OF LA PORTE Page 11 of 12 NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 1982 $713,104 is available in the Debt Service Fund to service the General Obligation Bonds. The City is in compliance with all significant limitations and restrictions of the various bond in- dentures. LITIGATION The City has no significant claims or litigation pending against it at September 30, 1982. CONTINGENT LIABILITIES The City of La Porte participates in the General Revenue Sharing program as well as other federally assisted programs from time to time. These programs are subject to program compliance audits by the grantors or their representatives. Accordingly, the City's compliance with program requirements could be subject to review at some future date. The amount, if any, of expenditures which may be disallowed cannot be determined at this time although the City expects such amount.s, if any, to be inunaterial. GENERAL FUND BALANCE At year end the City also set aside or designated for future expenditures $830,982 of the City's general fund balance as follows: Revenue Sharing Reserve Due to La Porte Area Water Authority Sick & Vacation Time Accumulated Self Insured - Vehicles & Equipment Other Designations 149,893 100,000 474,372 75,000 31,717 TOTAL DESIGNATED $ 830,982 OTHER REQUIRED INDIVIDUAL FUND DISCLOSURES Generally accepted accounting principles require disclosure, as part of the Combined Statements - overview, of certain information concerning individual funds including: A. Segment information for certain individual Enterprise Funds. The City of La Porte maintains two enterprise funds, the Utility Fund to account for revenues and expenses related to the operation and main- tenance of the water and sewer systems of the City; and the Airport Fund to account for revenues and expenses related to the operation of the airport. Net working capital for the Utility Fund is $827,521. and for the Airport is $ 854. Total assets for the Utility Fund is $12,3l6,89l and for the Airport Fund.is $464,083. Long-term pbrtion of funds payable from operating revenues of the Utility Fund and the Airport Fund respectively are $125,000 and $5,000. All other segment information required is effectively met in this report by Exhibits 5, 7 and Note 4. B. Summary disclosures of debt service requirements to maturity for all types of outstanding debt. This requirement is met by Note 5. -21- ''8'",-~--:-~-- . . CITY OF LA PORTE Page 12 of 12 . -. NOTES TO FINANCIAL S~TEMENTS SEPTEMBER 30, 1982 ~ .... .. . C. Summary disclosures of changes in general fixed assets by major asset class. This requirement is met by Note 4. . , D. Summary disclosures of changes in general long-term debt. This requirement is met by Note 5. ..E.Excesses of expenditures over appropriation in individual funds. None. F.' Individual fund interfund receivable and payable balances. Such balances at September 30, 1982 were: Interfund Interfund Receivables Payab1es General Fund $ 20,173 $ 2.702 Utility Fund 2,702 20, 173 $ 22,R75 $ 22,R75 . -, .. . . . . -22- II . . . ..- e . CITY OF LA PORTE MEMORANDUM DATE OF MEETING: 2-23-83 AGENDA ITEM: Consider modifying lease with Swann Technical services, Inc. on old City Hall parking lot. ORIGINATED BY: J.L. Sease PROJECT SUMMARY: Remove north one half of parking lot from lease. Mr. Swann has agreed to this proposal. The hose drying rack at Station #1 would be placed on this north section. FISCAL SUMMARY: Lease would be reduced by half. Presently $110.00 monthly, would be changed to $55.00 monthly. ACTION REQUIRED: Approval of City Council and a new lease drawn up by City Attorney. ALTERNATIVES: The drying rack has to be moved from its present location. If the parking lot proposal is not used, it will have to be placed behind Station #1, which will create a cramped condition. RECOMMENDATION: EXHIBITS: Present lease SUBMITTER: J.L. Sease . . . . e e AGREEMENT OF LEASE THE STATE OF TEXAS S S COUNTY OF HARRIS S This Agreement of Lease made by and between the CITY OF LA PORTE, a municipal corporation, known herein as LESSOR, and SWANN TECHNICAL SERVICES, INC., a Texas corporation, known herein as LESSEE, both of Harris County, Texas, WIT N E SSE T H: LESSOR does, by these presents, lease and demise unto LESSEE the following described property, lying and being situated in the City of~La Porte, Harris County, Texas, to-wit: Joint use in common with Lessor, of the parking lot on Lot Fourteen (14), and the North Ten Feet (N.IO') of Lot Fifteen (15), Block Thirty-nine (39), TOWN OF LA PORTE, Harris County, Texas, reference to which is here made for all purposes, together with all improvements thereon situated, upon the terms, conditions, covenants and agreements following: I. The term of this lease shall be for a period beg inning on the 1st day of March, 1983, and ending on the 31st day of December, 1987. II. As rent for the use and occupancy of the leased premises, LESSEE hereby agrees, obligates and binds itself to pay unto LESSOR the sum of Fifty Five Dollars ($55.00) ~onthly, due and payable on the first day of each calendar month during the term hereof. III. Monthly payments on this Agreement are due and payable on the 1st day of each calendar month, as aforesaid. In the event any such payment is not paid within ten (10) days of its due date, a penalty of four per cent (4%) of the monthly payment shall be added. ~,Z . e e -2- IV. Failure to pay anyone or more installments of rent, when due, or wi thin fifteen (15) days after the same shall become due, shall terminate this lease, at the option of the LESSOR. V. LESSEE agrees to obtain and maintain at its sole cost and expense, public liability insurance and property damage insurance to protect LESSOR and LESSEE against all loss or damage from the claims of all persons who may be in_or on the leased premises by the invitation, . consent or sufferance of LESSEE. Such public liability insurance shall have minimum bodily injury limits of $100,000 for each person and $300,000 for each accident, with respect to any accident occurring on the leased premises. LESSEE shall furnish LESSOR certificates of all insurance coverage. . . VI. The permitted use of the demised premises is for a parking lot. VII. LESSOR shall be responsible for the maintenance to the parking lot. VIII. In case of default of any of the aforesaid covenants, LESSOR may enforce the performance thereof in any modes provided by law, and may declare the lease forfeited at its discretion, and LESSOR, its agents or attorneys, shall have the right, without further notice or demand, to re-enter and remove all persons therefrom without being deemed guilty of any manner of trespass and without prejudice to any remedies for arrears of rent or breach of covenant, or LESSOR, its agents or attorneys, may resume possession of the premises and re-let the same for the remainder of the term for the best rental it may obtain, for account of LESSEE, which shall make good any deficiency. ~~ e e . -3- IX. Provided that all terms and conditions of this lease have been faithfully performed by LESSEE, LESSOR hereby grants and gives LESSEE the option to renew and extend the term of this lease for an addi- tional five (5) year period, upon the same terms and conditions as the primary term hereof. X. LESSEE shall not assign this agreement or sublet said premises, or any part thereof, to any person or persons whatsoever, without . the prior written consent of LESSOR. This instrument expresses the entire agreement of the parties on subjects it purports to cover. This instrument supersedes the agreement of the parties dated December 1, 1981. This agreement is executed in multiple original copies. WITNESS OUR HANDS, this the 1st day of March, 1983. CITY OF LA PORTE, Lessor By Virginia Cline, Mayor ATTEST: . Betty Waters, City Secretary SWANN TECHNICAL SERVICES, INC., Lessee By ED SWANN, President ATTEST: . Secretary g'f . . . e e MEMORANDUM TO: Robert Herrera . DATE: February 17, 1982 FROM: Betty Blackmon SUBJECT: Amending Ordinance #1333, Setting Tax Rate for 1982 Due to the error in our assessment roll for 1982, our predicted values for 1982 were lower by $22,842,360, which resulted in a tax levy of $3,663,690.22 instead of $3,816,343.98, a loss of $164,465.01 in revenue. Our Industrial District levy for 1982 was $3,020,579.08 instead of $2,704,868.00 an increase of $315,731.08. On the advice of our attorney Knox Askins we are requesting that ordinance #1333 be amended by changing the tax rate per $100 valuation from .54285 for the general fund to .53498; from .17715 for debt service fund to .18502. Betty Blackmon e ORDINANCE NO. l333-~ . AN ORDINANCE AMENDING ORDINANCE NO. 1333, "AN ORDINANCE LEVYING TAXES UPON TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT TO TAX- ATION IN THE CITY OF LA PORTE, TEXAS; AND MAKING APPROPRIATIONS FOR SUPPORT, MAINTENANCE, AND IMPROVEMENT OF THE CITY GOVERN- MENT OF SAID CITY OF LA PORTE, TEXAS; AND PROVIDING AN EFFECTIVE DATE HEREOF." BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Section 1 of Ordinance No. 1333, passed and approved September 15, 1982, is hereby amended, and shall here- after read as follows, to-wit: . "Section 1. That there is hereby levied for the cur- rent fiscal year beginning October 1, 1982, and ending September 30, 1983, on all real property situate~ and all personal property owned wi thin the taxable 1 imi ts of the said City of La Porte, Texas, on the first day of January, 1982, except so much as may be exempt under the Constitution and laws of the United States, this State and the City of La Porte, the following taxes: n (1) An Ad Valorem Tax of and at the rate of five three four nine eight ($.53498) cents on the one hundred ($100.00) dollars cash value thereof, estimated in lawful currency of the United States for the current expenses for the support, main- tenance, and improvement of the City Government of said City of La Porte, Texas, n(2) An Ad Valorem Tax of and at the rate of one eight five zero two ($.18502) cents on the one hundred ($100.00) dollars cash value thereof, estimated in lawful currency of the United States, to pay current interest on and provide one year's sink- ing fund and to pay all of the principal and interest accruing on all outstanding bonds law- fully issued by the Ci ty of La Porte, Texas. II Section 2. Ordinance No. 1333, as hereby amended, shall . remain in full force and effect. Section 3. This Ordinance shall take effect and be in full force from and after its passage and approval. . e . Ordinance No. l333-A, Page 2. PASSED AND APPROVED, this the 1983. day of , CITY OF LA PORTE . By Virginia Cline, Mayor ATTEST: City Secretary APPROVED: . e e CITY OF IA PORTE MEM)RANDUM DA'lE OF MEETING: 2-23-83 AGENDA ITEM: Weed Ordinance Amendments ORIGINATED BY: Code Enforcement PROJECT SUM1ARY: Require weeds be within 150 Feet of residence or Business before they are mowed. Require that weedsbe18 in. before they could be mowed. Require that any given lots be mowed no more than 3 'times per year. FISCAL SUMMARY: ACTION REQUIRED: Direct Staff to prepare in Ordinance form. ". ALTERNATIVES: Do not amend Orinance RECOMMENDATION: Pass amendments as presented EXHIBITS : Memo SUBMITTER : D.A.Pau1issen .... .,. e e MEMORANDUM February 17, 1983 TO: Jack Owen FROM: David paulissen SUBJECT: Weed Ordinance Amendments We have had some problems in the recent past with Ordinance #716, the "weed ordinance." ~"le would like Council to consider the following amendments: 1. Require that weeds and brush be required to be mowed or cleared only if within 150 feet of a residence or place of business. 2. Change the required height that weeds must be before they are mowed from nine (9) inches to eighteen (18) inches. Note: 18 inches has been the "unwritten" policy for more than four years. 3. Require mowing work be performed no more than three times within anyone calendar year. Such work shall not be performed at intervals of less than three (3) months unless the Building Official determines that the property constitutes a fire or health hazard to an adjoining residence or place of business. These amendments will be fair to property owners that have been required to mow undeveloped property five and six times per year. It still requires property next to residences and businesses be mowed for rodent and mosquito control. We feel that these amendments will be fair to all concerned and will make it much easier to enforce. oav&?issen DP/cb "-r"_~><,'~~~7':>-_"';';'- e . .-::::=- C ITV OF LA PORTE INTER-OFFICE MEMORANDUM TO: Jack Owen - City Manager DATE: February 18, 1983 FROM: John Joerns - Engineering Dept. SUBJECT: Review of Policies and Service Plan for Sanitary Sewer Trunk Main Along Fairmont Parkway The 21" and 36" trunk main from the abandoned plant in Fairmont Park to the new sewage treatment facility was placed in service in late October 1982. The purpose of these trunk mains is to transport the effluent and should in no way be considered for direct tapping to serve adjacent property. The material presented on Wednesday will consist of a set of maps outlining (1) the acreage to be served, (2) a recommended service plan, (3) regulations regarding construction, and (4) financial impact on owners/developers and the City of La Porte. D Ifd~JOerns / JJ/sc P( , .~ e . Service Plan for 2111 and 3611 Sanitary Sewer Trunk Main Main Objectives (I) To provide an orderly, systematic, and economic plan for serving the acreage East of Fairmont Park Subdivision, West of State Highway 146 and South of West Main (Spencer Highway). (2) To identify and provide for developers and the City of La Porte a comprehensive service plan to insure (a) the adequate sizing of mains (b) the locations of approved mains and (c) the reservation of easements and right-of-ways necessary to serve the abutting tracts of land. (3) To prevent the proliferation of lift stations and future capital expenditures for parallel or relief mains. (4) To protect the structural integrity of the 2111 and 3611 trunk mains by preventing the indiscriminate tapping for single sewer service. . . Case I: Tapping of Existing Businesses/Acreage into an existing manhole approved by service plan (actually considered a minor extension) This is recommended only for existing business where due to physical qbstructions/limitations (i.e. parking lots, pipeline corridors, buildings, existing plumbing, etc.) it is economically necessary to serve a definite tract through an existing manhole and properly sized tap Recommended Guidelines - minimum size of line from trunk main to property is 8-inch - require construction of interior drop at existing manhole - require cleanout or manhole as deemed necessary - require easement up to the point of private line - execution of City1s Standard Utility Extension Agreement - if possible locate at property line so cost may be shared - actual costs in excess of Commercial Sewer use fees paid by developer Typical Cost Estimate 1 L.S. - 50 L.F. 1 Ea 1 Ea 12 LF 8" interior drop 8" Sanitary Sewer 0-81 depth 8" x 6" (or 8" x 4") service wye Standard cleanout installation 0-81 depth 300.00 LS 8.50 LF 50.00 Ea 250.00 Ea 10% Contingency plus normal tap & inspection fees 300.00 425.00 50.00 250.00 $1,025.00 $1,127.50 For comparison purposes the sewer use fees (front foot fee) for a 5.00 Ac tract are $5,227.20 Therefore in these cases the collection of the front foot fees is sufficient to cover cost of the extension ~ ~ e Case 2: Installation of 811 drop at approved manhole and construction of manhole and shallow depth mains to serve several adjacent tracts fronting Fairmont Parkway Recommended Guidelines . - minimum size of line from trunk main to property is 8-inch or larger as necessary - require construction of interior drop at existing manhole - require cleanout or manhole as deemed necessary - require easement up to the point of private line - execution of City's Standard Utility Extension Agreement - City specify location of manhole and tie-in - actual costs in excess of Commercial Sewer use fees paid by developer - provide interior easements (10-15' wide) parallel to Fairmont Parkway for installation of sanitary sewer mains Typical Cost Estimate 1 L.S. - 50 L. F. 1 Ea 8" (or larger) interior drop 8" (or 1 arger) sanitary sewer (or more) standard depth manhole 0-8' 2 Ea Standard cleanout installation 0-8' - Varies L.F.8" (or larger) 0-8' depth Specific Example 300.00 L. S. 8. 50 L. F. 1500.00 Ea Subtotal Amount to be shared among property owners 250.00 Ea 8. 50 L. F. 300.00 425.00 3,000.00 $ 3,725.00 500.00 8,287.50 $12,512.50 $13,763.75 10% Contingency plus normal tap and inspection fees For comparison purposes the sewer use fees generated by this example for serving a 12.00 Ac tract is $12,545.28 .. e . Cost Estimate to Provide Service to Tooney's Only! 180 LF 611 Sanitary Sewer 8-10' depth 10.00 LF 1,800.00 1 Ea Standard Manhole 0-8' depth 1,500.00 Ea 1,500.00 3 VF Extra depth manhole 100.00 VF 300.00 100 LF Bore & Encase 6" Sanitary Sewer 8-10' depth 45.00 LF 4,500.00 310 LF 611 Sanitary Sewer at 6-8' depth 7.50 LF 2,325.00 1 Ea Standard cleanout assembly 250.00 Ea 250.00 $10,675.00 10% Contingency $11,742.50 plus standard tap fees Practically speaking the above extension should be figured as an 8" sanitary sewer in order to serve the existing businesses at the Northwest corner of the intersection. This would raise the cost to approximately $14,575.00 including a 10% contingency. . .. . . Recommended Service Plan to Serve Tooney's and Eventually Acreage North of Fairmont Parkway, West of State Highway 146 & Cedar Bayou and South of West Main (Spencer Highway) 50 LF 100 LF of 2411 Srmitary rewer 8'-10' depth Bore & Encase 2411 Sanitary Sewer 8'-10' of 24111 Sanitary Sewer 8'-10' depth of 811 Sanitary Sewer2 6'-8' depth Standard depth manhole 0-8' depth extra depth manhole 310 LF 180 LF 1 Ea 3 VF 1 approximate size 2 might increase footage due to final location of 24111 trunk main depending on findings at 1 ift stati on #28 at 16th and IIEII Street 40.00 LF 150.00 LF 40.00 LF 2,000.00 15,000.00 12,400.00 8.50 LF 1,530.00 1,500.00 Ea 1,500.00 100.00 VF 300.00 Subtotal $32,730.00 10% Contingency $36,003.00 ~ r c f...: ~ I I ~ ~ i r ! , i ~ ':, i;!:;: Iii I:! ~11:1, ?~t I t I e fJ,. -- BACKFILL FOR FIBERGLASS M, H. SHALL BE CEMENT STA81L1ZeD .5ANO. NO EXTRA PAY. \U ....J CD <::t: -- 0::: $ - ~.:;,:,.~ .; 0 "" : ?-.:: . ~.. ..-,.,'.' 'Q n'"\.T ................!J '.:'., " b ." .. . L- '. 0., ...,'~ .... ON 3' CENTERS '100 ApPROVEO ADAPTER As REQUIRED FIBERGLASS MANHOLE :..,-- ........~ - . I ALL ,MATERIAL USED IN CONSTRUCTING SAN, SWR. DROP TO BE RV.C. ASTM D-303<</ .sOR .35 OR APPROVED EQUAL .. FIBERGLASS STRAPS TO '" SECUR~ PIPE TO MAN- HOLE WAll AS SHOWN / - - /M/AlL' ~1:_ - - 3 - - - - """"""'~ ::z:::; ~S- EXISTING MAIN - - ~ ".,.61,... 22 - CO' I> . . ... '.' . . II .' .' QJ ',-=....L.:.... '.' . '7 . " .. a. 'Ii . .. o. D . . ". ..A- ~x~ No. 0 MESH SECTION A " )( ~ No " ME5J-1 NOT TO SCALE . . ~~ CITY OF LA PORTE INTER-OFFICE MEMORANDUM TO: Jerry L. Hodge, Director of Public Works DATE: March 16, 1983 FROM: Luther Maxey, Water/Wastewater Superintendent SUBJECT: Well No. 5 (25th Street) On Thursday, March 3, 1983, Larry Behrens along with his Field Engineer from Layne Texas Water Well Service, checked well #5. Our observation was excess shaft wobble due to thrust bearing play. According to Layne Texas representatives, there are downhole bearings beginning to go out, as well as, the surface thrust bearing. Their concensus was that the bearing failure is due to normal wear. The labor cost to pull the column shaft from downhole would be EIGHT THOUSAND DOLLARS ($8,000.00). Parts cost is unknown, as each bearing and pump stage will have to be checked as it is extracted from the well casing. An average cost would be FOUR THOUSAND DOLLARS ($4,000.00), thus making the total estimated cost of the job TWELVE THOUSAND DOLLARS ($12,000.00). If you should have any questions, please advise. LM/lw e . ~--.:.: "t:.:' ""',..~........." 'I .C1'lY OF IA PaRlE MFMJRANDtM DAm OF MEETlNG: (Next) AGENDA rrEM: Water Well #5 (25th Street) ORI~ BY: Jerry L. Hodge, Director of Public Works PROJECT SUMMARY: Extraction of downhole column shaft and replacement of shaft bearings as needed, and check downhole turbine pump and bowls and repair/replace as needed. FISCAL SUMMARY: Expected to last ten (10) years. Approximate cost of $12,000.00. Funds required from water contingency fund. ACTION REQUIRED: Council vote ALTERNATIVES: Without repair the bearings will seize and cause extensive and more expensive damage to the downhole pumps and shaft. RECOMMENDATION: Permit Layne Texas Water Well Company to complete the work needed prior to summer water demand. EXHIBITS: Memo from Water/Wastewater Superintendent. SUBMITTER: Jerry L. Hodge .. . I ." ..,>-,-, -~~'~.......,..~:~'~~c~;:::;;,~-,. e e April 6, 1983 To: Jack Owen From: Herb Freeman Subject: Accidents on Underwood The attached survey covers April 1982 through March 31, 1983. The area covered is from West Main north to State Highway 225. During the period covered by the survey, we find a total of 42 accidents on this stretch of road. Our records show 5 drivers had been drinking. Approximately 8 of the accidents were within 200' of West Main as a result of traffic around the new shopping center at West Main and Underwood. The majority of accidents were a result of too much speed. I hope this information will be helpful. If you need any further statistics, please call on me. .... - --,..--- . -~'~.,...-;..~--:-;--:--'--- _.-._~."""'--c--~'-- - '.._....._.._...._....._"..c.------. --.----..--- --- '/ '~ e e Date Location: Underwood & PDO INJ IIINJ Drk Cause 1-2-83 2100 block 1 Speed 1-12-83 700 block 1 Passing 1-18-83 50' North of Main 1 1 1 Speed 1-19-83 Myrtle Creek 1 2 1 Speed 1-22-83 20' North of Main 1 1 Speed 1-27-83 Ave P 1 FYROW 2-1-83 1056' North of Ave P 1 Speed 2-5-83 100' North of Ave L 1 1 FYROW 2-9-83 300' North of Ave P 1 FYROW,Speed 2-19-83 Myrtle Creek 1 Speed 3- 3- 8 3 Ave L 1 2 RRL 3-14-83 Ave P 1 Sp eed 3-16-83 1000' South df 225 1 Speed 3-24-83 75' North of Main 1 Backing 3-24-83 Ave P 1 FYROW 3-27-83 Ave H 1 3 FYROW 3-30-83 400' North of Main 1 1 Speed. Turn TOTAL 1 1 6 10 3 /7 aa:;/~nk . . ~ ~/nj.,~ "'''''''~'~1..'"':;'_''W,",':?:'''!),"'f!l;Il:'ffi. ,'C'""""~F$'.,~?..,. ,~- ..- "-"'--''''-~-l>,:<-~'- __" _ _-;r,... ~::..;;::'_ '......-:::-:- --- ~ - ..~ . ,~ e . Date Location:Underwood & PDO INJ flINJ Drk Cause 4-21-82 100' North of Ave L 1 FYROW " 50' North of Ave L 1 Passing 4-22-82 Ave P 1 Loss Contrc 4-26-82 Ave P 1 1 Speed 5-6-82 100' South 225 1 Improper St 5-13-82 4000' North of Ave P 1 Heavy Rain 5-15-82 Ave H 1 1 FYROW 5-18-82 Ave P 1 2 FYROW 5-19-82 3000' South of 225 1 1 Speed 5-28-82 Ave L 1 1 FYROW 6-11-82 Myrtle Creek 1 Speed 6-17-82 Ave L 1 FYROW 7-1-82 Main 1 Unsafe Back 8-23-82 Main 1 3 FDSML 8-31-82 30' South of 225 1 1 Proper look out 9-18-82 600' North Ave P 1 Asleep 10-6-82 100' South of Ave L 1 1 1 11-2-82 Ave L 1 FTC 11-10-82 150' North of Main 1 2 FTC 11-17-82 2500'South of 225 1 1 FYROW ll-l9-82 Mytrle Creek 1 1 Speed 11-19-82 Main 1 1 Unsafe Spee 12-1-82 Myrtle Creek 1 FTC 12-21-82 500' North of Ave P 1 3 Speed 12-28-82 Ave H 1 Speed TOTAL 13 12 18 2 c:L5 ~~n~ ~ ~/";~/~ e . ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 13, ARTICLE II, SECTIONS 13-21, ET. SEQ., OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, BY PROVIDING THAT WEEDS, BRUSH, RUBBISH AND ALL OTHER OBJECTIONABLE, UNSIGHTLY AND INSANITARY MATTER OF WHATEVER NATURE, COVERING OR PARTLY COVERING THE SURFACE OF A LOT WITHIN ONE HUNDRED FIFTY (150) FEET OF ANY RESIDENCE OR PLACE OF BUSINESS WITHIN THE CITY OF LA PORTE IS DECLARED A PUBLIC NUISANCE~ CHANGING THE DEFINITION OF WEEDS~ PROVIDING THAT ABATEMENT OF THE NUISANCE AS DEFINED WITHIN SHALL BE REQUIRED TO BE PERFORMED NO MORE THAN THREE (3) TIMES PER ANY ONE CALENDAR YEAR~ PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION BE FINED NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00)~ CONTAINING A SEVERABILITY CLAUSE~ FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW~ AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Chapter 13, Article II, Section 13-21, o~ the Code of Ordinances of the City of La Porte is hereafter amended to read as follows, to-wit: "Sec. 13-21. Definitions. For the purposes of this article, the following definitions shall apply: Any and all other objectionable, unsightly or insanitary matter of whatever nature. The words "any and all other objectionable, unsightly or insanitary matter of whatever nature" shall include all uncultivated vegetable growth, objects and matters not included within the meaning of the other terms as defined in this section, which are liable to produce or tend to produce an unhealthy, unwholesome or insani- tary condition to the premises within the general locality where the same are situated, and shall also include any species of ragweed or other vegetable growth which might or may tend to be unhealthy to individuals residing within the general locality of where the same are situated, Brush, The word "brush" shall include all trees or shrubbery under seven (7) feet in height which are not cultivated or cared for by persons owning or controlling the premises. ~ot or parcel of real estate. For the purposes of this article, a lot or parcel of real estate, in addition to the ground within its boundaries, shall be held to include all ground lying and being adjacent to and extending beyond the pro- perty line of such lot or parcel of real estate to the curb line of adjacent streets, where a curb line has been established, and fourteen (14) feet beyond the property line where no curb line jl -~~'''C:~:'~:"<"''~:~ry~--~.'',,"'f.,~t;.~~~~~~:[.,'' -::.._ t"".,,""'"...... _ .~.'._"';... ,.~,<. W~;.I'l;,~.~""",_,rr~'~~^:--""'~,. e e Ordinance No. , Page 2. has been established on adjacent streets, and also to the center of adjacent alleys. (Ord. No, 716, I 2, 5-17-65) Nuisance. The term "nuisance" shall mean whatever is dangerous to human health or welfare, or whatever renders the ground, water, air or food a hazard or any injury to human health. Rubbish. The word "rubbish" shall include all refuse, rejected tin cans, old vessels of all sorts, useless articles, discarded clothing and textiles of all sorts and, in general, all litter and all other things usually included within the meaning of such term. Weeds. The word "weeds" shall include all rank and uncultivated vegetable growth or matter which has grown to more than eighteen (18) inches in height or which, regardless of height, is liable to become an unwholesome or decaying mass or a breeding place for mosquitoes or vermin. (Ord. No, 716, IS 1, 2, 5-17-65)" Section 2. Chapter 13, Article II, Section 13-22 of the Code of Ordinances of the City of La Porte, is hereafter amended. to read as follows, to-wit: "Sec. 13-22. Enforcement of article. The terms and conditions of this article shall be enforced by the Chief Building Official or his duly designated agents of the City of La Porte." Section 3. Chapter 13, Article II, Section 13-23 of the Code of Ordinances of the City of La Porte, is hereafter amended to read as follows, to-wit: "Sec. 13-23. Prohibited conditions designated. The following specific acts and conditions are declared to constitute a public nuisance and are hereby prohibited and made unlawful: (1) Weeds, brush, rubbish and all other objectionable, unsightly and insanitary matter of whatever nature, covering or partly covering the surface of any lot or parcel of real estate situated within the city, and within one hundred fifty (150) feet of any residence or place of business within the City of La Porte~ rt e e Ordinance No. , Page 3. (2) Any lot or parcel of real estate situated within the city which has the surface thereof filled or partly filled with holes, or is in such condition that the same holds or is liable to hold stagnant water therein, or, from any other cause, is in such condition as to be liable to cause disease, or produce, harbor or spread disease germs of any nature or tend to render the surrounding atmosphere unhealthy, unwholesome or obnoxious. (Ord. No. 716 ~ 2, 5-17-65)" Section 4, Chapter 13, Article II, Section 13-24 of the Code of Ordinances of the City of La Porte, is hereafter amended to read as follows, to-wit: "Sec. 13-24. Notice of property owner - Issuance. Whenever the existence of any nuisance or other prohibited condition, as defined in this article, on any lot or parcel of real estate situated within the city shall come to the knowledge of the Chief Building Official or his duly designated agents, it shall be his duty to forthwith cause a written notice to be issued to the person owning such lot or parcel. (Ord. No. 716, ~ 3, 5-17-65) State law reference--Notice to remove in- sanitary, unsightly, etc., conditions, Vernon's Ann. Civ. St. art. 4436." Section 5. Chapter 13, Article II, Section 13-25 of the Code of Ordinances of the City of La Porte, is hereafter amended to read as follows, to-wit: "Sec. 13-25. Same--Contents. (a) The notice provided for in section 13-24 shall identify the property and require the abatement of such nuisance or removal of such condition by grubbing and removing such weeds, brush, rubbish or other objectionable, unsightly or insanitary matter of whatever nature, as the case may be, or by filling in, draining, leveling or otherwise regulating such lot or parcel of real estate so as to prevent stag- nant water standing therein, within ten (10) days from the service of such notice. Such notice shall further state that, in default of the performance of the above condition, the city may, at once, cause the same to be done and pay therefor, and charge the cost and 1..1 e e Ordinance No. , Page 4. expense incurred by the city in doing or having such work done, or improvements made, to the owner of such property, and fix a lien thereon as provided in this article. (Ord. No. 716, S 3, 5-17-65) (b) The abatement of said nuisance or removal of such condition as described above shall be required to be performed no more than three (3) times within anyone calendar year. In no event shall such work be required to be per- formed at intervals of less than three (3) months, unless the Building Official or his duly designated agent determines that the pro- perty containing the nuisance constitutes a fire or health hazard to an adjoining residence or place of business." Section 6. Chapter 13, Article II, Section 13-27 of the Code of Ordinances of the City of La Porte, is hereafter amended to read as follows, to-wit: "Sec. 13-27. Correction or removal by city-- Generally. (a) In the event of the failure, refusal or neglect of the owner of any premises or property to comply with a notice given him pursuant to this article, it shall be the duty of the Chief Building Inspector or his duly designated agents to cause the weeds, brush, rubbish or other insanitary matter or condition constituting a nuisance to be promptly and summarily abated, in a reasonable and prudent manner, at the expense of the city. The Chief Building Inspector or his duly desig- nated agents shall carefully compile the cost of such work done and improvements made in abating such nuisance, and shall charge such costs against the owner of such premises. General overhead of administrative expense of inspection, locating owner, issuing notice, reinspection and ordering work done, together with all necessary incidents of same, require a reasonable minimum charge of eleven dollars ($11.00) per hour for the first hour, or portion thereof, and eight dollars ($8.00) per hour for each subsequent hour. Such minimum charge is hereby established and declared to be an expense of such work and improvement. (b) The city shall have the right to award any quantity of work authorized under this section to a general contractor whose bid shall be accepted by the city commission as the lowest and best secured bid for doing 14 '~"1;Ff'lf:'t:':f,""~; - - .--~""~~~_~;~;>,,,,~_m,~---,._~,--:-:~~~---~-:-:c,o-r;-c-~-'":"'~~:~-=:'--C-;'/',."':',;'~c--:--"::-c--::--:--- e e Ordinance No. , Page 5. the work mentioned in this section during a stipulated time not to exceed one year. (Ord. No. 716, SS 4, 5, 5-l7-65~ Ord. No. 977, S 1, 12-17-73) State law reference--Authority of city to correct or remove conditions described in this article, Vernon's Ann, Civ, St, art. 4436." Section 7. Chapter 13, Article II, Section 13-28 of the Code of Ordinances of the City of La Porte, is hereafter amended to read as follows, to-wit: "Sec. 13-28. Same--Filing of statement of expenses incurred. After compiling the cost of the work as pro- vided for in section 13-27, and after charging the same against the owner of the premises, the Chief Building Inspector or his duly designated agents, shall certify a statement of such expenses to the mayor, who shall file the same with the county clerk. (Ord. No. 716, S 4, 5-17-65) State law reference--Statement to be filed, Vernon's Ann. Civ. St. art. 4436." Section 8. Chapter 13, Article II, Section 13-29 of the Code of Ordinances of the City of La Porte, is hereafter amended to read as follows, to-wit: "Sec. 13-29. Same--Lien for and collection of expenses, Upon filing the statement of expenses with the county clerk as provided for in section 13-28, the city shall have a privileged lien upon the land described therein and upon which such improvements have been made, in accordance with the provisions' of article 4436, Vernon's Annotated Revised Civil Statutes. Such liens shall be second only to tax liens and liens for street improvements to secure the expenditures so made, and shall bear ten per cent (10%) interest on the amount of such expenditures from the date of such payment by the city. For any such expenditures and interest, suit may be instituted by the city attorney and recovery and foreclosure of the lien may be had in the name of the city, and the statement of expenses made in accord with seciton 13-28, or a certified copy thereof, rf e e Ordinance No. , Page 6. shall be prima facie proof of the amount expended in such work or improvements. Upon payment of the full charges assessed against any property, pursuant to the procedure set forth in this section, the Chief Building Inspector or his duly designated agents shall be authorized to execute, for and in behalf of the city, a written release of the lien hereto- fore mentioned, such written release to be on a form prepared and approved in each case, by the city attorney. (Ord. No, 716, ~ 4, 5-17-65) State law reference--Similar provisions, Vernon's Ann. Civ. St. art, 4436." Section 9. Chapter 13, Article II, Section 13-30 of the Code of Ordinances of the City of La Porte, is hereafter amended to read as follows, to-wit: "Sec. 13-30. Same--At owner's request. Any owner of vacant property in the city shall have the right to contract with the city to remove all such weeds and vegetation as may grow on such real estate by requesting, in writing, the Chief Building Inspector or his duly designated agents so to do, and by agreeing to the charge to be paid therefor, not less than twenty-five dollars ($25.00) to be paid therefor per lot, series of two (2) or more adjacent and contiguous lots, or tract or parcel of acreage, to be charged against such property for each such removal of weeds and vegetation. (Ord. No. 716, ~ 6, 5-17-65)" Section 10. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. 1~ e e Ordinance No. , Page 7. Section 11. Any person, as def ined in Section 1.07 (27) , Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Hundred Dollars ($200.00). Section 12, 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 Ci ty Council was posted at a place convenient to the public at the City Hall of the Ci ty 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 13. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper in the City of La Porte at least twice wi thin ten (10) days after the passage of this ordinance. 57 e . Ordinance No. , Page 8. PASSED AND APPROVED this the day of , 1983. CITY OF LA PORTE By: Virginia Cline, Mayor ATTEST: City Secretary APPROVED: City Attorney ]'i . . C ITV OF LA PORTE INTER-OFFICE MEMORANDUM TO: Jack Owen - City Manager DATE: February 18, 1983 FROM: John Joerns - Engineering Dept. SUBJECT: Review of Policies and Service Plan for Sanitary Sewer Trunk Main Along Fairmont Parkway The 2111 and 3611 trunk main from the abandoned plant in Fairmont Park to the new sewage treatment facility was placed in service in late October 1982. The purpose of these trunk mains is to transport the effluent and should in no way be considered for direct tapping to serve adjacent property. The material presented on Wednesday will consist of a set of maps outlining (1) the acreage to be served, (2) a recommended service plan, (3) regulations regarding construction, and (4) financial impact on ownerS/deve~r::e City of La Porte. / JJ/sc . DATE OF MEETING: AGENDA ITEM: ORIGINATED BY: PROJECT SUMMARY: FISCAL SUMMARY: rION REQUIRED: ALTERNATIVES: RECOMMENDATION: EXHIBITS : SUBMITI'ER : . e e CITY OF lA PORlE MEMJRANDUM 2-23-83 Adoption of 1982 Codes Code Enforcement Review for adoption the 1982 Standard Codes and provide in writing for bonds and insurance on Contractors None Adoption of proposed Ordinance '. Stay with 1979 Standard Codes Adopt all of the 1982 editions of the Standard Codes presently in effect. Adopt officially the bonding and insurance requirements presented. Adoption Ordinance D.A.Paulissen .,. .,. . . . e . CITY OF LA PORTE INTER-OFFICE MEMORANDUM TO: Jack Owen D fiJ/iJrssen February 17,1983 DATE: FROM: SUBJECT; Adoption of 1982 Codes The Inspection Department has reviewed the 1982 Edition of a1l the Standard Codes currently in use. La Porte has managed through the years to adopt the most current issues of the Standard Codes. Designers have been using the 1982 Codes since about May 1982. It is costly for designers and builders to go back and design to the old Codes. The new Codes allow the use of new and less expensive materials. Therefore possible reductions in building cost could be seen. It has come to our attention that the builders and contractors bonds and insurance that we require are not to be found in writing. We would therefore request that these be placed into this Ordinance. We respectfully request that the 1982 editions of the Standard Codes and Appendices and the respective bonds and insurance be adopted as presented in the attached Ordinance. Attachment ~~~,;:"<4'4',('! 1":,J;i~w~~:r: e . . . ORDINANCE NO, /45"5"" AN ORDINANCE AMENDING CHAPTERS 8 AND 22 1/2 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY ADOPTING THE NEW AND MOST RECENT ADDITIONS OF THE SOUTHERN STANDARD BUILDING CODE, 1982 EDITION, AND APPENDICES, THE SOUTHERN STANDARD PLUMBING CODE, 1982 EDITION, AND APPENDICES, THE SOUTHERN STANDARD GAS CODE, 1982 EDITION, AND APPENDICES, THE SOUTHERN STANDARD HOUSING CODE, 1982 EDITION, AND APPENDICES; THE SOUTHERN STANDARD MECHANICAL CODE, 1982 EDITION, AND APPENDICES; BY REQUIRING A $5,000.00 BOND TO BE PRESCRIBED BY THE BUILDING INSPECTOR IN THE INSTANCE OF MOVING OF BUILDINGS, GENERAl;. AND MECHANICAL CONTRACTING WORK, PLUMBING WORK, AND MECHANICAL WORK; BY AMEND- ING TERMS UNDER WHICH THE SOUTHERN STANDARD BUILDING CODE IS TO BE ADOPTED BY THE CITY BY ALTERING REQUIREMENTS FOR INSTALLATION AND CONSTRUCTION OF FIRE DETECTION SYSTEMS; PRO- VIDING THAT GENERAL AND MECHANICAL CONTRACTORS AND PLUMBING CONTRACTORS ATTEMPTING TO PERFORM WORK IN THE CITY OF LA PORTE CARRY WORKERS' COMPENSATION INSURANCE, PUBLIC LIABILITY INSUR- ANCE IN CERTAIN SPECIFIED AMOUNTS, AND PROPERTY DAMAGE INSURANCE IN CERTAIN SPECIFIED AMOUNTS; FURTHER AMENDING CHAPTER 22 1/2, SECTION 22 1/2-7, OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY ADOPTING THE SOUTHERN STANDARD SWIMMING POOL CODE, 1982 EDITION, AND APPENDICES; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTy OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200,00); CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Section 8-13 of the Code of Ordinances of the City of La Porte is hereby amended, to hereafter read as follows, to-wit: . "Section 8-13, Adopted. The Southern Standard Building Code, 1982 Edition, an appendices as adopted by the Southern Building Code Con- gress International, a copy of which is on file in the office of the City Secretary of the City of La Porte, Harris County, Texas, is hereby adopted and designated as the Building Code of the Ci ty of La Porte, incorporated by reference in this article, and made a part hereof, as fully as if copied at length herein." Section 2. Section 8-26 of the Code of Ordinances of the City of La Porte is hereby amended, to hereafter read as follows, to-wit: . "Section 8-26. Adopted. The Southern Standard Plumbing Code, 1982 Edition, an appendices, as adopted by the Southern Building Code Congress International, a copy of which is on file in the office of the City Secretary of the City of La Porte, Harris County, Texas, is hereby adopted and designated as the Plumbing Code of the Ci ty of La Porte, incorporated by reference in this article, and made a part hereof, as fully as if copied at length herein." D~ .Y;~~:!!- e e . Ordinance No. I ~55 , Page 2. Section 3. Section 8-49 of the Code of Ordinances of the City of La Porte is hereby amended, to hereafter read as follows, to-wit: "Section 8-49. Adopted. The Southern Standard Gas Code, 1982 Edition, an appendices as adopted by the Southern Building Code Congress Inter- national, a copy of which is on file in the office of the Ci ty Secretary of the City of La Porte, Harris County, Texas, is hereby adopted and designated as the Gas Code of the City of La Porte, incorporated by reference in this article, and made a part hereof, as fully as if copied at length herein." . Section 4. Section 8-60 of the Code of Ordinances of the City of La Porte is hereby amended, to hereafter read as follows, to-wit: "Section 8-60. Adopted. The Southern Standard Housing Code, 1982 Edition, an appendices as adopted by the Southern Building Code Con- gress International, a copy of which is on file in the off ice of the City Secretary of the City of La Porte, Harris County, Texas, is hereby adopted and designated as the Housing Code of the City of La Porte, incorporated by reference in this article, and made a part hereof, as fully as if copied at length herein," Section 5. Section 8-66 of the Code of Ordinances of the City of La Porte is hereby amended, to hereafter read as follows, to-wit: . "Section 8-66. Adopted. The Southern Standard Mechanical Code, 1982 Edition, an appendices as adopted by the Southern Building Code Con- gress International, a copy of which is on file in the office of the City Secretary of the City of La Porte, Harris County, Texas, is hereby adopted and designated as the Mechanical Code of the City of La Porte, incorporated by reference in this article, and made a part hereof, as fully as if copied at length herein. II Section 6. Chapter 22 1/2, Section 22 1/2-7, of the Code of Ordinances of the City of La Porte, is hereby amended to read as follows, to-wit: . "Section 22 1/2-7. Adopted. The Southern Standard Swimming Pool Code, 1982 Edition, an appendices as adopted by the Southern Building Code Congress International, a copy of which is on file in the office LJ'I 'f.'::r-'~;~~~.&'i:~Ci'":: e e . Ordinance No. / ~ ,55 , Page 3. of the City Secretary of the City of La Porte, Harris County, Texas, is hereby adopted and designated as the standard Swimming Pool Code of the City of La Porte, incorporated by reference in this article, and made a part hereof, as fully as if copied at length herein," Section 7, Section 8-18 of the Code of Ordinances of the City of La Porte is hereby amended, to hereafter read as follows, to-wit: . "Section 8-18. Moving of Buildings - Bond. The Building Inspector is instructed to prescribe the amount of Five Thousand Dollars ($5,000.00) as the requirement for bonds executed in accordance with the provisions of the Southern Standard Building Code , Section 2204.4, provisions con- cerning moving of buildings." Section 8. A new section is hereby added to Chapter 8, Article 2, of the Code of Ordinances of the City of La Porte, said section being numbered 8-20, which is to hereafter read as follows, to-wit: "Section 8-20. General and Mechanical Contractors - Bond. The Building Inspector is instructed to prescribe the amount of Five Thousand Dollars ($5,000.00) as the requirement for bonds executed in accordance with the Southern Standard Building Code, Section 106.2, provisions concerning general and mechanical contracting work." Section 9. A new section is hereby added to Chapter 8, Article 3, of the Code of Ordinances of the City of La Porte, said section being numbered 8-28, which is to hereafter read as . follows, to-wit: "Section 8-28. Plumbing Work - Bond. The Building In- spector is instructed to prescribe the amount of Five Thousand Dollars ($5,000.00) as the requirement for bonds executed in accordance with the Southern Standard Plumbing Code, provisions concerning plumbing work." Section 10. . A new section is hereby added to Chapter 8, Article 2, of the Code of Ordinances of the City of La Porte, . said section being numbered 8-67, which is to hereafter read as follows, to-wit: D~ e e . Ordinance. No. /35 Ii' , Page 4. "Section 8-67. Mechanical Work - Bond. The Building In- spector is instructed to prescribe the amount of Five Thousand Dollars ($5,000.00) as the requirement for bonds executed in accordance wi th the Southern Standard Mechanical Code, provisions concerning mechanical work." Section 11. Section 8-16 of the Code of Ordinances of the City of La Porte is hereby amended, to hereafter read as follows, to-wit: "Section 8-16. Standard Building Code Amended. Standard Building Code, heretofore adopted by Council of the City of La Porte, be, and the same amended to read as follows, to-wit: The the City is hereby . Section 1125. Fire Detection Systems. Every newly constructed dwelling, and every newly constructed dwelling unit within an apartment house, condominium, townhouse, and every guest room in a hotel or motel, and every basement or cellar wi thin such dwellings, shall be provided with an Underwriters Laboratories, Inc., approved smoke detector, which may be either 120-volt A.C., or battery operated. Detector shall be mounted on the ceiling or wall at a point centerly located in the corridor or area giving access to rooms used for sleeping purposes. In an efficiency dwelling uni t, the detector shall be centrally located on the ceiling of the main room. Where sleeping rooms are of an uppper level, the detector shall be placed in the center of the ceiling directly above the stairway. All detectors shall be located within twelve (12) inches of the ceiling. Care shall be exercised to insure that the installation will not interfere wi th the operating characteristics of the detector. When activated, the detector shall provide an audible alarm." . Section 12. A new section is hereby added to Chapter 8, Article 2, of the Code of Ordinances of the City of La Porte, said section being numbered 8-21, which is to hereafter read as follows, to-wit: "Section 8-21. General and Mechanical Contractors - Liability Insurance. No permit shall be issued for any general or mechanical contracting work, as said work is defined wi thin the Southern Standard Building Code, 1982 Edition, until the general or mechanical contractor or his employer shall have arranged to carry the following insurance: . (a) workers' compensation insurance on each and everyone of his employees as required and in accordance wi th the provisions of the Workers' Compensation Act of the State of Texas; ,,(;, e e . Ordinance No. ~5S' , page 5. (b) public liability insurance to the extent of $50,000,00 for anyone accident, and $100,000.00 for anyone person; and (c) property damage insurance to the extent of $10,000.00 for anyone accident, and $100,000.00 in the aggregate. Such insurance shall be written by an accredited company under the supervision of the Board of Insurance Commis- sioners of the State of Texas, . Evidence of compliance with the above insurance requirements shall be considered as having been met when the policy, a copy thereof, or a Certificate of Insurance has been filed with and approved by the Chief Building Official of the City of La Porte. Such policy shall include an endorsement thereon that the Chief Building Official will be notified at least ten (10) days in advance in the event of the policy or policies being cancelled or expiring before the expiration date of the license." Section 13. A new section is hereby added to Chapter 8, Article 2, of the Code of Ordinances of the City of La Porte, said section being numbered 8-29, which is to hereafter read as follows, to-wit: "Section 8-29. Southern Standard Plumbing Contractors - Liabili ty Insurance. No permit shall be issued for any plumbing contract work, as said work is defined within the Southern Standard Building Code, 1982 Edition, until the plumbing contractor or his employer shall have arranged to carry the following insurance: (a) workers' compensation insurance on each and everyone of his employees as required and in accordance wi th the provisions of the Workers' Compensation Act of the State of Texas; . (b) public liability insurance to the extent of $50,000.00 for anyone accident, and $100,000.00 for anyone person; and (c) property damage insurance to the extent of $10,000.00 for anyone accident, and $100,000.00 in the aggregate. Such insurance shall be written by an accredited company under the supervision of the Board of Insurance Commis- sioners of the State of Texas. . Evidence of compliance with the above insurance requirements shall be considered as having been met when the policy, a copy thereof, or a Certificate of Insurance has been filed with and approved by the Chief Building Official of the City of La Porte. Such policy shall include an endorsement thereon that the Chief Building Official will be notified at least ten (10) days in advance in the event of the policy or policies being cancelled or expiring before the expiration date of the license." D7 e e . Ordinance No. /..355 , Page 6. . Section 14. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 15. Any person, as defined in Section 1.07(27}, Te.xas Penal Code, who shall violate any provision of this ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Hundred Dollars ($200.00). Each day any violation of this ordinance shall continue shall constitute a separate violation. . Section 16. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, 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. . D; e e . Ordinance No. I,3JJS , Page 7. section 17. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper in the City of La Porte at least twice within ten (10) days after the passage of this ordinance. PASSED AND APPROVED this the day of . 1983. CITY OF LA PORTE By Virginia Cline, Mayor ATTEST: City Secretary APPROVED: . City Attorney . Df '--~~,~'S:'r;.'x:j.':, i:?'~~""';',":i:!,-:--,.,r e e . ORDINANCE NO. /~~-Z AN ORDINANCE DEFINING, REGULATING AND LICENSING OF PEDDLERS, SOLICITORS AND CANVASSORS; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MIS- DEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00); CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE. Section 1. Definitions. . (A) A CANVASSER or Solicitor is defined as any individual, whether resident of the City of La Porte or not, traveling either by wagon, automobile, motor truck, foot or any other type of conveyance, from place to place, from house to house, or from street to street, taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries, or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sales or not, provided that such definition shall include any person who, for himself, or for another person, firm or corporation, hires, leases, uses or occupies any building, structure, tent, railroad box car, boat, hotel room, lodging house, trailer truck, apartment, shop, or any other place within the City for the sole purpose of ex- hibiting samples and taking orders for future delivery. . (B) CONTRIBUTIONS shall mean and include the word, alms, food, clothing, money, property, financial assistance, or other thing of value. A contribution as defined herein shall also include a sale or offer to sell any book, card, magazine, membership, mer- chandise, subscription, ticket or other thing in connection with which an appeal is made for any charitable or religious purpose. (C) DIRECT SELLER means any individual who, for him/herself, or a partnership, association, or corporation, sells goods or services, or takes sales orders for the later delivery of goods or services, at any location other than the permanent business place or residence of said individual, partnership, association, or corporation, and shall include, but not be limited to, peddlers, solicitors, hawkers, and transient merchants. The sale of goods includes donations or contributions, whether direct or indirect, required by the direct seller for the retention of goods by a donor or prospective customer. . E/ e e . Ordinance No. /3~~ , Page 2. (D) GOODS shall include personal property of any kind, and shall include goods provided incidental to services offered or sold. (E) PERSON as used herein shall include the singular and the plural and shall also mean and include any person, firm or cor- poration, association, club, co-partnership or society, or any other organization. . (F) PEDDLER as used herein shall include any person, whether a resident of the City of La Porte or not, traveling by foot, wagon, automotive vehicle, or any other type of conveyance, from house to house, or from street to street, carrying, conveying or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle, railroad car, or other vehicle or conveyance, and further provided that one who solicits orders and as a separate transaction makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this Ordinance shall be deemed a peddler subject to the provisions of this Ordinance. The word "Peddler" shall include the words "hawker" and "huckster". (G) RESIDENTIAL PREMISES shall mean a building or portion of a building used for residential purposes including the real estate upon which any such building is located, provided that the predominant use of the real estate is for residential purposes. . (H) RELIGIOUS shall not mean and include the word charitable as herein defined, but shall be given its commonly accepted definition. . (I) VENDOR is defined as any person, firm or corporation, whether as owner, agent co- signee or employee, whether a resident of the City or not, who engages in a temporary business of selling and delivering goods, wares and merchandise within said City, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, struc- ture, motor vehicle, tent, railroad box car, or boat, public room in hotels, lodging houses, apartments, shops, or any street, alley, or other pIce within the City, for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction provided that such definition shall # e e . Ordinance No. /25(, , Page 3. not be construed to include any person, firm, or corporation who, while occupying such temporary location, does not sell from stock, but exhibits samples only for the purpose of securing orders for future delivery only. The person, firm, or corporations so'engaged shall not be relieved from complying with the provisions of this ordinance merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient business in con- nection with, as a part of, or in the name of any local dealer, trader, merchant or auctioneer. . Section 2. Regulation of Direct Sellers. (A) Generally Prohibited Practices (1) No person engaged in solicitation shall misrepresent or make false, deceptive or misleading statements concerning the quality, quantity or character of any goods offered for sale, his/her identity or the identity of the organization he/ she represents. A charitable organiza- tion direct seller shall specifically disclose, upon request, what portion of the sale price of goods being offered will actually be used for the charitable purpose for which the organization is soliciting. Said portion shall be expressed as a percentage of the sale price of the goods. . (2) No direct seller shall impede the free use of sidewalks and streets by pedes- trians and vehicles. Where sales are made from vehicles, all traffic and parking regulations shall be observed. (3) No direct seller shall make any loud noises or use any sound amplifying devise to attract customers if the noise produced is capable of being plainly heard outside a fifty foot (50') radius of the source. (4) No direct seller shall allow rubbish or litter to accumulate in or around the area in which he/she is conducting business. . (5) No direct seller shall solicit or con- duct business with person in motor vehicles. E3 e e . Ordinance No. 1356, Page 4. (6) No direct seller shall solicit or con- duct his business in such a way as would restrict or interfere with the ingress or egress of the abutting property owner or tenant, or create or become a public nuisance, increase traffic congestion or delay, or constitute a hazard to traffic, life or property, or an ob- struction to adequate access to fire, police or sanitation vehicles. . (7) No direct seller other than a person having a permanent business place shall solicit without first complying with the laws of this State and all other relevant provisions of the Code of Ordinances of the City of La Porte. Such other provisions include, but are not limited to: (a) Health inspection; (b) Compliance with building codes; (c) Fire inspection; (d) Restrictions on signs; (e) Restrictions on sale of fireworks; and (f) Inspection and testing of weighing; and measuring devices . (8) No persons shall engage in solicitation upon any residential premises without a prior invitation from the occupant there- of, if such premises is posted against such solicitation by means of a notice prominently displayed, upon which is printed the legend: "NO SOLICITORS" (or words of similar import). For the purposes of this paragraph, a dwelling house or apartment or other place of residence shall be deemed to be posted against solicitation if there is ex- hibited, on or near the main entrance to the premises or on or near the main door to any residence located thereon, a sign at least 3" x 4" in size which bears the above legend in letters at least 1/3" in length. (9) No person shall engage in solicitation upon any premises or in any dwelling house, apartment or other residence after having been asked by the owner or occupant thereof to leave such premises or residence, . (10) There shall be no solicitation upon any residential premies, other than upon prior invitation of the occupant of any such premises, prior to 9:00 A.M. or after 30 minutes after sunset of any day. e e . Ordinance No. / ~,j/p , Page 5. (11) Not more than two individuals shall engage in solicitation upon any resi- dential premises at the same time for the same goods or services, or for religious or charitable purposes. Each individual member of a group engaged in solicitation in violation of this provision shall be deemed to have violated such provision. . (12) No person shall make more than one solicitation call at the same resi- dential premises for identical goods or services or for the same religious or charitable purposes within any consecutive thirty (30) day period, without receiving a prior invitation therefor from the occupancy of any such premises. This provision shall be con- strued to include representatives of any person more than once during the aforesaid period without a prior invi- tation as herein provided. (13) No person engaged in solicitation shall, at the time of initial contact with a prospective customer or donor, fail to display a current license which shall identify the person and his/her business and the purpose of the so- licitation. (14) No person engaged in solicitation shall misrepresent the purpose of his so- licitation or use'any false, deceptive or misleading misrepresentation to induce a sale or misrepresent the true status or mission of the person. (B) Disclosure Requirements, . (1) If any sale of goods is made by a direct seller, or any sales order for the later delivery of goods is taken by the seller at a residential premises, the buyer shall have the right to can- cel said transaction if it involves the extension of credit or is a cash trans- action of more than twenty-five dollars ($25.00), the seller shall give the buyer two copies of a typed or printed notice of that fact. . (2) If the direct seller takes a sales order at a residential premises for the later delivery of goods, he/she shall, at the time the order is taken, pro- vide the buyer with a written statement containing the terms of the agreement, the amount paid in advance whether E~ e e . Ordinance No. / JSt;. , Page 6. full, partial or no advance payment is made, the name, address and telephone number of the seller, the delivery or performance date and whether a guar- antee or warranty is provided and, if so, the terms thereof, Section 3. Nothing herein shall be construed so as to include any person delivering newspapers, fuel, dairy products or bakery goods to regular customers on established routes. . Section 4. It shall be the responsibility of each so- licitor, peddler or canvassor to display or have available, upon his person, evidence of compliance with any license, inspection, registration or permit requirement provided for under the laws and administrative regulations of this State and the provisions of the Codes of the City of La Porte. Any police officer or other authorized official of the City shall have the right to request evidence of compliance with the above provisions requir- ing any license, inspection, registration or permit, Section 5. Application for License. Applicants for license under this Ordinance, whether a person, firm or corporation shall file a written sworn application signed by the appli~ant, . if an individual, by all partners, if a partnership, and by the president if a corporation, with the City Secretary, showing: . (A) The name or names of the person or persons having the management or supervision of applicant's business during the time that it is proposed that it will be carried on in the City of La Porte; the local address or addresses of such person or persons while engaged in such business; the permanent address or addresses of such person or persons, the capacity in which such person or persons will act (that is whether as proprietor, agent or otherwise); the name and address of the person, firm or corpor- ation for whose account the business will be carried on, if any; and if a corporation, under the laws of what state the same is incorporated. F~ 'CL'd~",~pJ'UiIfM:"iB?q' e e . Ordinance No. /ds~ , Page 7. (B) The fingerprints of the person or persons having the management or supervision of applicant's business, as well as the finger- prints of the person or persons canvassing, soliciting, or peddling within the City of La Porte on behalf of the applicant, as well as three (3) letters of recommendation from reliable property owners in the County of Harris. . (C) The place or places, other than the permanent place of business of the applicant where applicant within the six (6) months next preceding the date of said application con- ducted a transient business, stating the nature thereof and giving the post office and street address of any building or office in which such business was conducted. (D) The place or places in the City of La Porte where it is proposed to carryon applicant's business, and the length of time during which it is proposed that said business shall be conducted; (E) A statement of the nature, character and quality of the goods, wares or merchandise to be sold or offered for sale by applicant in the City of La Porte, the invoice value and quality of such goods, wares and merchan- dise, whether the same are proposed to be sold from stock in possession or from stock in possession and by sample; at auction, by direct sale or by direct sale and by taking orders for future delivery; where the goods or property proposed to be sold are manufac- tured or produced and where such goods or products are located at the time said appli- cation is filed. . (F) A brief statement of the nature and character of the advertising done or proposed to be done in order to attract customers, and, if required by the City Secretary, copies of all said advertising whether by handbills, cir- culars, newspaper advertising, or otherwise, shall be attached to said application as exhibits thereto; . (G) Whether or not the person or persons having the management or supervision of the appli- cant's business have been convicted of a crime, misdemeanor or the violation of any municipal ordinance, the nature of such offense and the punishment assessed therefor, as well as whether or not the person or persons doing the canvassing, peddling, or solicitation on behalf of the applicant have EJ e e . Ordinance No. /cia , Page 8. been convicted of a crime, misdemeanor or the violation of any municipal ordinance, the nature of such offense, and the punish- ment assessed therefor. (H) Credentials from the person, firm or cor- poration for which the applicant proposes to do business, authorizing the applicant to act as such representative; . (I) Such other reasonable information as to the identity or character of the person or persons having the management or super- vision of applicant's business or the method .or plan of doing such business as the City Secretary may deem proper to fulfill the purpose of this Ordinance in the protection of the public health, safety and well being. Section 6. Investigation and Issuance. Upon receipt of such application, the City Secretary shall cause such investi- gation of such person's or persons' business responsibility or moral character to be made as he deems necessary to the protection of the public good. If, as a result of such investi- gation, the applicant's character and business responsibility are found to be unsatisfactory, the application shall be denied. If, as a result of the investigation, the character and business responsibili ty appear to be satisfactory, the City Secretary . shall so certify in writing, and a license shall be issued by the City Secretary. The City Secretary shall keep a full record in his/her office of all licenses issued. Such license shall contain the number of the license, the date the same is issued, the nature of the business authorized to be carried on, the amount of the license fee paid, the expiration date of said license, the place where said business may be carried on under said license, and the name or names of the person or persons . authorized to carryon the same. EfJ e e . Ordinance No. /.;~~ , Page 9. . Section 7. Bond. Before any license, as provided by this ordinance, shall be issued for engaging in a transient or itinerant business as defined in this ordinance in the City of La Porte, such applicant shall file with the City Secretary a bond running to the City of La Porte in the sum of one thousand dollars ($1,000.00), executed by the applicant, as principal, and two sureties upon which service of process may be made in the State of Texas; said bond to be approved by the City Attorney, conditioned that the said applicant shall comply fully with all of the provisions of the ordinances of the City of La Porte and the statutes of the State of Texas, regulating and concerning the sale of goods, wares and merchandise, and will pay all judgments rendered against said applicant for any violation of said ordinances or statutes, or any of them, together wi th all judgments and costs that may be recovered against him by any person or persons for damage growing out of any misrepresentation or deception practiced on any person transacting such business with such applicant, whether said misrepresentations or deceptions were made or practiced by the owners or by their servants, agents or employees, either at the time of making the sale or through any advertisement of any character whatsoever printed or circulated with reference to the goods, wares and merchandise sold or any part thereof. Action on the bond may be brought in the name of the City to the use of the aggrieved person. Such bond must be approved by the City Attorney, both as to form, and as to the responsi- bility of the sureties thereon. . . Ef e e . Ordinance No. I~~ji~ , Page 10. Section 8. Fees. (1) A license fee of Sixty Dollars ($60.00) per calendar year, or any portion thereof, plus Two Dollars ($2.00) per badge; provided, however, no fee shall be required of charitable, non-profit and religious organizations. (2) No fee shall be required of one selling products of the farm or orchard actually producted by the seller. . Section 9. License and Badges. The City Secretary shall issue to each applicant, upon approval of application, one license and a badge bearing the words "Licensed Peddler", The expiration date of the license and the number of the license should appear on the badge in letters and figures plainly discernable. Such badge shall be worn constantly by the licensee on front of his/her hat or outer garment in such a way as to be conspicuous during such time as said licensee is engaged in peddling, canvassing or soliciting. Section 10. Duty of Police to Enforce. It shall be the duty of any police officer of the City of La Porte to require any . person seen peddling, canvassing, vending or soliciting, and who is not known by such officer to be duly licensed, to produce his license and to enforce the provisions of this Ordinance against any person found to be violating the same. Section 11. Revocation of License. permi ts and licenses issued under the provisions of this Ordinance may be revoked by the Chief of Police of the Ci ty of La Porte after notice of hearing, for any of the following causes: . (A) Fraud, misrepresentation or false statement contained in the application for license; E/IJ ''!SF~'''''' ~~.~:"''''''':7:~~-'~ii:~~'''~~~'llP!i'"1-'~''''.''':~'-'' ,'~-~- e e . Ordinance No, / .35~ , Page 11. (B) Fraud, misrepresentation or false statement made in the course of carrying on his busi- ness as a canvasser, solicitor, direct seller, peddler or vendor; (C) Any violation of this Ordinance; (D) Conviction of any crime or misdemeanor in- volving moral turpitude; or . (E) Conducting the business of peddling, can- vassing, soliciting, direct selling, or vending in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public. (F) Notice of he hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage paid, to the licensee at his last known address at least five (5) days prior to the date set for hearing. Section 12. Appeal. Any person aggrieved by the action of the Chief of Police or the City Secretary in the denial of an application for permit or license as provided in this Ordi- nance, or in the decision with reference to the revocation of a license as provided in this Ordinance, shall have the right to appeal to the City Council of the City of La Porte. Such . appeal shall be taken by filing with the City Council, within fourteen (14) days after notice of the action complained of has been mailed to such person's last known address, as written statement setting forth fully the grounds for the appeal. The Council shall set a time and place for hearing on such appeal and notice of such hearing shall be given to the appellant in the same manner as provided in Section 11 of this Ordinance for notice of hearing on revocation. The decision and order of the Council on such appeal shall be final and conclusive, and shall . be considered an exhaustion of appellant's administrative reme- dies. Ell e e . Ordinance No. /.J~~ , Page 12. Section 13. Expiration of License. All under the provisions of this Ordinance shall 31st day of December in the year when issued, licenses expire issued on the . Section 14. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 15. All conflict herewith are conflict only. ordinances or parts of ordinances in hereby repealed to the extent of such . Section 16. Any person, as def ined in Section 1.07 (27) , Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Hundred Dollars ($200.00). . Section 17. 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 Ci ty Council was posted at a place convenient to the public at the City Hall of the Ci ty for the time required by law preceding this meeting, as required by the Open Meetings Law, 13'/.2 "'JlF!.'''l'" "";t ...., .-..,~. e e . Ordinance No. /~~, , Page 13. 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 18. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper in the City of La Porte at least twice wi thin ten (10) days after the passage of this ordinance. PASSED AND APPROVED this the day of , 1983, CITY OF.LA PORTE By Virginia Cline, Mayor . ATTEST: City Secretary APPROVED: . 6~d City Attorney J E/3 ~, . DATE OF MEETING: AGENDA ITEM: ORIGINATED BY: PROJECT SUMMARY: FISCAL SUMMARY: .ACTION REQUIRED: ALTERNATIVES: RECOMMENDATION: EXHIBITS : SUBMIITER : . ,,",.~-,,;;l<l,<<;.ff'.>.,.,.....7-..:_".~' e -. CITY OF I.A PORTE MEMJRANDUM 2-23-83 Adoption of 1982 Codes Code Enforcement Review for adoption the 1982 Standard Codes and provide in writing for bonds and insurance on Contractors None Adoption of proposed Ordinance Stay with 1979 Standard Codes Adopt a11 of the 1982 editions of the Standard Codes presently in effect. Adopt officia11y the bonding and insurance requirements presented. Adoption Ordinance D.A.Pau1issen G/ .... ~ . Ilo\TE OF lEE'1'ING: AGENDA. :rIm: ORIGINATED BY: PROJECT sttMARY: FISCAL StH1ARY: .N::'l'IOO ~: ALTERNATIVES : RE<XM1ENDf\TION : EXHIBITS : SUBMITl'ER.: . .......- 'r e ern OF IA PORl'E MlM>RANDUM February 23, 1983 Public Works e Ordinance to amend the Industrial Waste Ordinance. New Ordinance will change rate schedule, and give more control of discharge of industrial waste to the City. No cost to City. Increased sewer revenues. Council approval of ordinance. Keep present ordinance in effect. Pass new ordinance. Attached Jerry Hodge . . . . '-'.~"il'f:"'"$ i~""~"t'i'-"~~~~~~':"" e . ORDINANCE NO. / ~..s-7 AN ORDINANCE AMENDING ARTICLE 12 1/2 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, SAID ARTICLE BEING THE INDUSTRIAL WASTE ORDINANCE OF THE CITY OF LA PORTE 1 ADDING DEFINITIONS OF APPROVING AUTHORITY, DRY INDUSTRY, AND SUPERINTENDENT 1 PROHIBITING THE DISCHARGE OF ANY INDUSTRIAL WASTE INTO ANY SANITARY SEWER WITHIN THE CITY OF LA PORTE WITHOUT FIRST OBTAINING PERMIT THEREFORE1 REQUIRING CONTROL MONITORING WELLS AND OTHER METERS, SAFETY AND MONITORING DEVICES 1 ESTABLISHING SAMPLING AND TESTING PRO- CEDURE 1 MONITORING THE INDUSTRIAL COST RECOVERY SURCHARGE FORMULA FORMULA1 REQUIRING AN ANNUAL PERMIT AND DISCHARGE REPORT 1 ESTABLISHING THE CONDITIONS FOR THE ISSUANCE OF PERMITS1 AND ESTABLISHING PERMIT FEES 1 PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MIS- DEAMOR AND SHALL UPON CONVICTION BE FINED NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00)1 CONTAINING SEVERABLITY AND REPEALING CLAUSES 1 FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW 1 AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Section 1, Section 2, Section 14, Section 15, Section 17, Section 18, and Section 19, of Article 12 1/2 of the Code of Ordinances of the City of La porte, commonly called the Industrial Waste Ordinance of the City of La Porte are hereby amended, to hereafter read as follows, to-wit: .SECTION 1. DEFINITIONS. (1) "APPROVING AUTHORITY" means the Director of Public Works or his duly authorized representative. (8) "DRY INDUSTRY". An industry discharging only typical domestic waste into the City sewer system and having no process or manufacturing operation that discharges liquid industrial waste of any characteristic into the City sewer system. (20) "SHALL" is mandatorY1 "MAY" is permissive. (23) "SUPERINTENDENT" means the Director of Public Works of the City of La Porte, Texas, or his duly authorized deputy, agent or representative. SECTION 2. PROHIBITED DISCHARGES. (a) After ~/'ut/, /Q13. , no person, firm, or establishment shall deposit or discharge any industrial waste into any sanitary sewer wi thin the City of La Porte without first obtaining a permit therefore. (b) No person may discharge to public sewers any waste which by itself or by interaction with other wastes may: F.1J e e . Ordinance No. /~~J ' Page 2. (1) Injure or interfere with wastewater treatment pro- cesses or facilities; (2) Constitute a hazard to humans or animals; or (3) Create a hazard in receiving waters of the waste- water treatment plant effluent. (c) All discharges shall conform to the requirements of this Ordinance specifically including, but not limited to any condi- tions imposed by any permit issued by the Approving Authority under the terms of this Ordinance. . SECTION 14. REQUIREMENTS FOR BUILDING SEWERS, MONITORING DEVICES. (a) Any person, firm, or establishment responsible for dis- charges of industrial waste into any sewer within the City of La Porte shall, at its own expense and as required by the Approving Authority: (1) In every case install a control monitoring well readily and safely accessible to any authorized rep- resentatiave of the City of La Porte, which shall be required to conform to a typical drawing of same, as selected by the Director of Public Works, or his duly authorized representative, out of a series of said typical drawings which shall appear on file in the office of the City Secretary of the City of La Porte; . (2) Install meters or other monitoring devices, to facili- tate observation, sampling, and measurement of the waste (at the discretion of the Director of Public Works, or his duly authorized representative). Said meters and monitoring devices shall not be required in the case of an industry determined to be a dry indus- try, as that term is defined in this Ordinance; (3) Install safety equipment and facilities (ventilation, steps . . . ) where needed; and (4) Maintain the control monitoring well, meters, monitor- ing devices, equipment or facilities, as needed. (b) When required as provided in Section (a) above by the Director of Public Works, the proper installation and satisfac- . tory performance of said control monitoring wells, meters, moni taring devices, and safety equipment and facil i ties shall P.3 e e . Ordinance No. ;:f~ ' Page 3. be a prerequisite to the issuance or renewal of the permit required in Sections 18 and 19, infra. SECTION 15. SAMPLING AND TESTING. (a) Determination of the average concentration or strength of the waste discharged shall be the obligation of the City of La Porte, and tests made on representative average samples collected by the City shall be made at such intervals, as the . Ci ty shall designate, so long as samples are taken not less than annually. In the event any test made pursuant to this section yields results showing that the characteristics of the tested sample is not in conformity with the requirements of Sections 2-9 (inclusive) of this Ordinance, the cost of said test shall be borne by the discharger. (b) Sampling shall be conducted according to customarily accepted methods, reflecting the effect of constituents upon the sewage works in determining the existence of hazards to health, life, limb, and property. (NOTE: The particular analysis involved will determine whether a twenty-four (24) hour composite sample from all outfalls of a premise is appropriate or whether a grab sample or samples . should be taken, Normally, but not always, BOD and. suspended solids analyses are obtained from 24-hour composites of all outfalls. Where applicable, 16-hour, 8-hour, or some other period may be required. periodic grab samples are used to determine pH and oil and grease.) (c) Examination and analyses of the characteristics of waters and wastes required by the Ordinance shall be . (1) Conducted in accordance with the latest edition of "Standard Methods"; and /=9' e - ., , . Ordinance No, / .357 , Page 4. (2) Determined from suitable samples taken at the control manhole provided or other control point authorized by the Approving Authority. (d) BOD and suspended solids shall be determined from composite sampling, except to detect unauthorized discharges. (e) The Director of Public Works shall determine which users or classes of users may contribute wastewater which is of greater strength than normal domestic wastewater. All users . or classes of users so identified shall be sampled for flow, BOD, TSS, pH, oil, and grease at least annually. (f) The City of La Porte may select an independent firm or laboratory to determine flow, BOD, suspended solids, oil, grease, and pH, or any other tests deemed necessary by the Director of Public Works, or his duly authorized representative. Flow may alternately be determined by water meter measurements if no other flow device is available and no other source of raw water is used. SECTION 17. INDUSTRIAL COST RECOVERY SURCHARGE. Persons or owners discharging industrial wastes as con- templated in Section 2, supra, in which said discharged wastes . exhibi ts no characteristics prohibited by this Chapter other than excessive BOD, or suspended solids, having a concentration during a twenty-four (24) hour period average of suspended solids of BOD content in excess of "normal domestic sewage" shall be required to pretreat the industrial wastes to meet the requirements of "normal domestic sewage": however, such wastes may be accepted for treatment if, and only if, the following requirements are met: . (a) The wastes will not cause damage to the collection system: Ps- e e .. , . Ordinance No. IdJ7 , Page 5. (b) The wastes will not impair the treatment process; (c) The discharger of the wastes enters into a con- tractual agreement with the City of La Porte provid- ing for a surcharge over and above the existing sewer rates, said contractual agreement to be incor- porated fully by reference into the terms of the annual permit contemplated in Sections 18 and 19, infra. The surcharge on industrial wastes is to be computed on the following basis: ISS = ( BOD 250 + SS) X (0 & M Cost) X (Vol); where 300 . (l)ISS represents Industrial Waste Surcharge in Dollars; (2)BOD represents the Biochemical Oxygen Demand (mg/l) of the Industrial Waste as determined under standard laboratory conditions for a period of 5 days at 200 C. Note: for concentrations less than or equal to 250 mg/l the value of BOD shall be considered 0; (3)SS represents Waste (mg/l). than or equal be considered Suspended Solids of the Industrial Note: For concentrations less to 300 mg/l the value of SS shall zero; (4)0 & M Cost represents Operations and Maintenance Cost of La Porte's Wastewater Treatment Facil- i ty (s). Note: The operations and maintenance cost as determined by the City of La Porte shall be periodically updated and defined by companion ordinances which concurrently establish water and sewer rates; (5)Vol represents Volume Discharged in Thousand Gallons. . The volume of wastes may be determined by the same methods used to calculate the regular sewer service charge. For establishments discharging less than 20,000 gallons per day, the BOD and suspended solids values may be determined from standard values for vari- ous industries established by the Approving Authority, and may also be incorporated as a condition into the terms of the annual permit contemplated in Sections 18 and 19, infra. The Approving Authority in said case may elect to follow the provisions of Section 14, supra. Provided, that in all cases in which the discharge from any establishment exceeds 20,000 gal- lons per day, the provisions of Sections 14 and 15, supra, shall be followed. Whenever samples of the discharges of any establishment are collected,. pur- suant to the terms of said Sections 14 and 15, supra, the BOD and suspended solids values shall be determined by the Approving Authority, and a report of said samples shall be made. All sampling and testing contemplated herein shall be pursuant to the provisions of Section 15, supra, and a finding shall be made establishing whether such samples are in compliance . p~ e e .a .. . Ordinance No. )3S7 . , Page 6. with the allowances established in the annual permit required by Sections 18 and 19, infra, for said discharger. All flow rates and BOD and suspended solid values used in determination of the surcharge contemplated herein shall be reevaluated at least on an annual basis. Any major changes in the operation that cause changes in the values allowed shall be treated under Sections 18 and 19, infra. The basis for determining the surcharge contemplated herein shall be reviewed at least annually and shall be adjusted to reflect any change in the Operations and Maintenance costs of La Porte's Wastewater Treat- ment Facilities, as established above. . (d) Billing Practice - Industrial waste surcharges pro- vided for in this ordinance shall be included as a separate item on the regular bill for water and sewer charges and shall be paid monthly in accordance with the existing practices. Surcharges shall be paid at the same time that the sewer charges of the person become due and payment for sewer services shall not be accepted without payment also of sewer service surcharges. SECTION 18. ANNUAL PERMIT, DISCHARGE REPORT REQUIRED. (a) All producers of industrial waste of any quantity, strength, or quality, and all producers who hereafter desire to connect and discharge into the City of La Porte sanitary sewer system shall make application to the Director of Public Works by January 1 of each calendar year on forms supplied by the City for an annual permit authorizing such connection, said permit to be renewed upon an annual basis. . (b) Any producer discharging or proposing to discharge waste water into the City of La Porte sanitary sewer system in any quantity must include in its annual permit application a dis- charge report, said discharge report to be filed with the Director of Public Works on forms supplied by the City of La Porte, which must include, but not be limited to: . (1) Nature of process, volume, rates of flow, production quantities, or any other information that is relevant to the generation of waste, including but not limited to substances and concentrations in the waste water discharge; 1=7 e e .. ~ . Ordinance No. IJ~7 , Page 7. (2) A plat showing location and size of on-site sewers, sampling points, pretreatment facilities (as required in the discretion of the Approving Authority, see Section 11, supra), City sewers, and other pertinent details1 (3) Description of activities, facilities, and plant processes on the premises including all materials, processes, and types of materials which are or could be discharged1 (4) Each product handled by type, amount, and rate of production1 . (5) The chemical components and quantity of liquid or gaseous materials stored on-site, even though they may not normally be discharged into the sewer system. (c) In any application for renewal of an industrial waste water discharge permit, the annual report shall state that the applicant has not made any change in its operations that has or will within the term of the permit increase the strength, volume, or any other characteristic of the applicant's discharge into the City sanitary sewer system. If the applicant has made changes in its operations that have or will increase during the term of the permit the strength, volume, or any other char- acteristic of the applicant's discharge into the sanitary sewer system, then the applicant shall, upon a form to be provided by the City, describe the changes in operations that alter the strength, volume, or other characteristic of the discharge. . (d) It shall be unlawful for any permit holder to change its industrial process without prior approval of the Director of Public Works if such change results in the user exceeding the levels for flow and discharge quality stated in the current waste water discharge permit. (e) Dry Industry Classification Permits If upon review by . the Director of Public Works, or his duly authorized agent, of the initial annual report, an applicant is determined to be a dry industry as that term is defined by this Ordinance, a Dry ;=p . . . . e e .: ~ l Ordinance-No. /3.57 , Page 8. Industry Classification permit shall be issued pursuant to the provisions of Section 19 below. Said permit shall be renewable every three (3) years upon a showing by the applicant that no changes in the applicant's operations have taken place, or will take place during the term of the renewed permit. SECTION 19. ISSUANCE OF PERMITS, PERMIT FEES. (a) Conditions for permits - new establishments - Permits for new establishments constructed after the effective date of this Ordinance will be issued only after the following conditions are met: (1) A formal application is submitted on the form con- templated in Section 18, supra~ (2) Approval is secured from the Approving Authority of plans and specifications for the facilities~ (3) The applicant has complied with all requirements for agreements and arrangements including but not limited to, provisions for: (a) Payment of applicable charges~ (b) Installation and operation of the facilities and of pretreatment facilities, if required ~ (c) Sampling and analysis to determine quanity and strength where directed by the Director of Public Works or his authorized representative~ (4) Provides a sampling point, subject to the provisions of Section 14, supra~ and (5) Meets all other applicable cond i tions of this Ordi- nance and of the Approving Authority. (b) Conditions for permits - existing establishments - Permits for establishments existing on the effective date of this Ordi- nance will be issued only after the following conditions are met: (1) Formal application is submitted on the form contem- plated in Section 18, supra, within 120 days of the effective date of this Ordinance~ and (2) All cond i tions set forth in subsection (a) of this section are met. Ff e e riSe::' !" . I JSJ , Page 9. Ordinance No. As provided in Section 2 of this Ordinance, supra, no existing establishment may discharge any industrial waste into any sani- tary sewer within the City of La Porte without first obtaining a permit therefor. (c) An applicant for an industrial wastewater discharge permit, or a dry industry classification permit, or any renewal thereof, shall pay a fee of Twenty-five Dollars ($25.00) for each appli- cation for said permits or renewals thereof. The application . will not be accepted unless the fee is paid." Section 2. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 3. This Ordinance shall be effective fourteen . (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper in the City of La Porte at least twice wi thin ten (10) days after the passage of this ordinance. 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 . Ci ty Council was posted at a place convenient to the public at the City Hall of the City for the time required by law J:' It) ~". . . . . e - - i J: Ordinance No. 1~5~ ' Page 10. preceding this meeting, as required by the Open Mee~ings Law, Article 6252-17, Texas Revised Civil Statutes Annotated 1 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. PASSED AND APPROVED this the day of , 1982. CITY OF LA PORTE By Virginia Cline, Mayor ATTEST: City Secretary APPROVED: City Attorney F/I '~~."-" . . . EMERGENCY ADDENDUM REGUI.AR MEETING OF '!HE IA PORTE cm COUNCIL TO BE HELD MARCH 2, 1983, IN '!HE COUNCIL CHAMBERS OF '!HE IA PORTE CI'IY HAIL, 604 WEST FAIRIDNl' PARKWAY, BEGINNING AT 7:00 P.M. CONSIDER A RESOLUITON TO READVERTISE FOR BIDS ON. '!HE SANITARY SEWER REHABILITATION PROJECT . I hereby certify that I posted this notice on the bulletin board located in a place convenient to the public in the City Hall of the City of La Porte, at 1:00 P.M. on the 28th day of February, 1983, and that such notice was posted for at least the day before the maeting was convened, or called to order, and that such maeting was legally posted. Witness my hand and the Seal of the City of La Porte, Texas, this the 28th day of February, 1983. City of La Porte ~~iZ~ City Secretary .