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Home My WebLink About1985-07-22 Public Hearing and Regular Meeting• • MINUTES OF THE PUBLIC HEARING AND REGULAR MEETING LA PORTE CITY COUNCIL JULY 22, 1985 1. The meeting was called to order by Mayor Malone at 6:02 P.M. Members of_City_Council Present: Mayor Norman Malone, Councilpersons Delbert Walker, John Lloyd, Ed Matuszak, Betty Waters, Lindsay Pfeiffer, Deotis Gay, B. Don Skelton, Linda Westergren I~eLnb~~s ofCity_Cou~ci bse t: None Members o City_S~taff,P~e~~ City Manager Jack Owen, City Attorney Knox Askins, City Secretary Cherie Black, Assistant City Manager Richard Hare, Acting Police Chief Robert Hall, City Engineer Bob Speake Q~~ig~s_greseflt: Mr. and Mrs. Arlie Brantley; Stan Self, James Benefits; Carlos Smith; Pam Smith, Bayshore Sun; 9 citizens 2. The invocation was given by Councilperson Skelton. 3. Public Hearing - Request of A. W. Brantley to rezone lots 161 and 162, block 10, section 2 of Spenwick Place from Residential to Commercial. The Mayor called the Public Hearing to order. There was no one present who wished to speak either for or against the rezoning request. The Mayor closed the Public Hearing and asked that the City Secretary read the recommendation of the Planning and Zoning Commission. The City Secretary read the recommendation from Planning & Zoning, which was to grant the rezoning request. 4. Council considered approving the minutes of the regular meeting held July 8, 1985. Minutes, Public Hearing La Porte City Council July 22, 1985, Page 2 and Regular Meeting • t' was_n~de by,_Counci~ aersox~ Skelto~_to approve the ~o_~oD minutes as presented. Second by Councilperson Waters. e motion carried, 8 ayes, 0 nays, 1 abstain. Ayes: Councilpersons Walker, Lloyd, Waters, Pfeiffer, Gay, Skelton, Westergren and Mayor Malone Nays: None Abstain: Councilperson Matuszak (was not present at meeting of July 8) 5. Council considered approving the minutes of the emergency called meeting held July 15, 1985. ~otionwas made_bv_C u c'ipe_~sop_Wate~_s to a rove_the minutes of_ the meeti~g_~-p~sented. Second by Councilperson Matuszak. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Walker, Lloyd, Matuszak, Waters, Pfeiffer, Gay, Skelton, Westergren and Mayor Malone Nays: None 6. There were no petitions, remonstrances, communications, or citizens and taxpayers wishing to address Council. 7. Council was to be presented the proposed zoning ordinance, but due to the illness in the Chairman of P&Z's family, P&Z was unable to hold their public hearing on the proposed ordinance. It will be presented to Council at a later time. 8. Council considered an ordinance rezoning lots 161 and 162, block 10, section 2 of Spenwick Place, from Residential to Commercial. The City Attorney read: ORDINANCE 780-JJJJ - AN ORDINANCE AMENDING ORDINANCE N0. 780, THE CITY OF LA PORTE ZONING ORDINANOF~LANDCHEREINGDESCRIBEDSIPROVIDOING ANTEFFECTIVEIDATE PARCEL HEREOF. s to_adopt_ordiWnance ]~~n was m~de_~2y CQl~YI~i.P~pIl W~ig~ 780-JJJJ ~s r~ by t~g_c;ty Attorflev_. Second by Councilperson Walker. The motion carried, 9 ayes and 0 nays. Public Hearing and Regular Meeting La Porte City Council July 22, 1985, Page 3 Ayes: Councilpersons Walker, Lloyd, Matuszak, Waters, Pfeiffer, Gay, Skelton, Westergren and Mayor Malone Nays: None Council considered an ordinance authorizing defeasance of the 9. City's outstanding waterworks and sewer system revenue bon s, series 1965. The City Attorney FEASANCEROFNTHEECITY8S OUTSTANDING AUTHORIZING THE DE SERIES 1965, WATERWORKS AND SEWER SYSTEM REVENUE BONDS, AUTHORIZING THE EXECUTION ANDANCEISHALL BEAEFFECT~VEAGREEMENT AND DECLARING THAT SAID ORDIN IMMEDIATELY UPON ITS ADOPTION. Mot__~_o_fl_was_l~de_by_c_:oUnc' ' "ter ""'-~~Second by Councilperson 1~4g~~-~g~~~th~i tv Att_o~nev . Skelton. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Walker, Lloyd, Matuszak, Waters, Pfeiffer, Gay, Skelton, Westergren and Mayor Malone Nays: None 10. Council considered reappointing members to position 2 and 3 of the Planning and Zoning Commission. The Mayor requested an executive session on this item. 11. Council considered changing medical insurance coverage contract. Councilperson Waters excused herself from the Council table. The City Attorney read: ORDINANCE 1450 - AN ORDINANCE ADOPTING AMENDMENT N0. PROVIDINGCANYEFFECTIVERDATEMHEREOF. MEDICAL FUND PLAN; AND ~$~; n~made by ~°'-'~-`~~r~'-==~--~_~-- Councilperson read by tb Ci.v A~t°~Y• Second by Skelton. The motion carried, 8 ayes and 0 nays. (Councilperson Waters was away from the Council table.) • • Public Hearing and Regular Meeting La Porte City Council July 22, 19$5, Page 4 Ayes: Councilpersons Walker, Lloyd, Matuszak, Pfeiffer, Gay, Skelton, Westergren and Mayor Malone Nays: None 12. Council considered City participation in oversizing water and sewer line to service BMW facilities. Councilperson Westergren left the Council table at 6:30 P.M. due to family obligations, and did not return. Motion was_Lnade by Counci erson_Skelton to approve C nartici ation_~_n_oversj:z,n~ wateL~_and sewer line to service The motion BMW facA~lt~es• Second by Councilperson Waters. carried, 8 ayes and 0 nays. Ayes: Councilpersons Walker, Lloyd, Matuszak, Waters, Pfeiffer, Gay, Skelton and Mayor Malone Nays: None 13. Administrative Reports - The City Manineorderetofconsidercbids called meeting on Thursday, July 25, on installation of sewer line on Highway 146 at "K" Street. He also requested budget workshop sessions on August 13, 14, and tentatively on August 19. The City Manager requested an executive session on Personnel, regarding Police Chief applications. 14. Council Action - Councilpersons Walker, Lloyd, Matuszak and Waters brought items to Council's attention. 15. Council adjourneCounciletablelat 7e521pnMat 6:55 P.M. and returned to the The City Attorney read: Council then took up agenda item 10. ORDINANCE 1449 - AN ORDINANCE RE-APPOINTING MEMBERS TO POSITION 2 AND 3 OF THTHELTERMNEXPIRINGNAPRIL030IS1987•FOR THE CITY OF LA PORTE, FOR ~otion_7da~. ma a by Counc~~iets~YL.~~fl t~-~Pt-0~3~e by the Citv~At~QrflgY• Second by Councilperson y4~2~~~s~ Gay. The motion carried, 8 ayes and 0 nays. • Public Hearing and Regular Meeting La Porte City Council July 22, 1985, Page 5 Ayes: Councilpersons Walker, Lloyd, Matuszak, Waters, Pfeiffer, Gay, Skelton and Mayor Malone Nays: None 16. There being no further business to come before the Council, the meeting was duly adjourned at 7:54 P.M. Respectfully submitted: Cherie Black, City Secretary Passed & Approved this the 12th day of August, 1985 -/~~~r/t ~~~~ No man Malone, Mayor • • MEMORANDUM CITY OF LA PORTS T0: Mayor Malone and Councilpersons FROM: Planning and Zoning Commission SUBJECT: Request of Mr. & Mrs. Arlie Brantley to Rezone Lots 161 and 162, Block 10, Section 2 of Spenwick Place from Residential to Commercial DATE: May 23, 1985 Mr. and Mrs. Arlie Brantley met with the Planning and Zoning Commission in Public Hearing on May 2, 1985, and requested that the above referenced property be rezoned from Residential to Commercial. They presently have a business located on the property (Judge's Outboards), and would like for the zoning classification to conform with the present use. The Planning and Zoning Commission respectfully requests that City Council set a date for a public hearing to consider the Brantley's request. Respectfully submitted: ~'~~~c~ Doug La imer, Chairman Planning & Zoning Commission DL/cb Enc. ~t r • •- •~. ~• ~./ .5", J 9 ~S ~-- L_4FORTL, TEXAS . CITY SECRr-'TARY OF LAPORTE, TEXAS, ARLIE 4I BRANTLEY A'_~TD ,~1IFE, A JAMIE BRA~°TLEY own LOT 162 and LOT 161, BLOCK I0, SECTIOII 2 of SPEN`~1ICK PLACE and request that ti this property be Rzoned COI~iNlERCIAL. This property has been commercial since before xe purchased it in 1956 and there has been a common building operating as a business (JUDGES OUTBOARD) for the past 2I years. Presently, it is used as rental property to retail sales businesses and plans are to continue on this basis. We also have paid taxes rated as commercial property since year of purchase. C We, therefore, submit this request to RZON3 LOT 161 and LOT162' as commercial, that being the classification prior to annexation of LAPORTE on Jan I, 1984. Attachments of proof of ownership and a map are enclosed. Also enclosed is a check for $I00.00 for application fee. /./ ~,/ 'rl B_RANTLEY ` ~ i `• ~ L--' A . JANI ~$RANTI.L'Y ~~ • w~ •~ ~1 Y V .. • .. ~ ~ •, ~: =l; ! ~~ 4980 I ~ I _/ 114 ••~ 161 I uS 1T8 t ~ .~ yS~ t`' • 1 Y ,• : , 5 ;.~: ~• I ~ . I is , a 9 I 189 ., \ L ~ ~ 26 + ~ I r r~ r--~ r -~ ~ r~ r I I ~. J J L. J ~- ~-' ~ L J * J ~~ + s/ e ,~' ~~ .,~ , A r=. r ~ .,~ `til \ K~ ;f/_ Y' ]- 2 5 G~~ AA ~r a O~ ~ `P r w tiy~~ ~ ~ . xy ~ v ~` w t]1 r 21 l •1 •zr~ zf/~* MON OMERYu•sti f~ANEzj• uufi t •+ ay ~ ~ •~ r ~~ I I / v I /} L. J LJ L LJ l..J 1 ~ 1r *1117~ I I ,~ •~ ~ M 9 13 134 143 2 Z 44 ~ ~ 58 1 ~~~ `'/ I ~~ 2 n r r-, r~ ~ ~~ r~ r J I`J l..J l..J JI ILJ LJ L L-J L ~ s+ +zz/ z~ • sl - ,^. aN N .• . . ~~ ~' ~ y ~ Ls•s LJ•s u•1T .7Ji 1 DANE ,,l j t!. + ti . v~ ~LS;ar z~~.:a•CATL T r~.~~f- + dd ; . ~~ J 20 ~ • .e r ~ LJ Lt7 r-~ J r,. J /. a I • .: ~ 2 13 I 20 2 ~ C )'99 ~4s 1 ` J • '~ M L r-1 LJ ~ ~'l ~ -~I J'^ ~ r'1 I J) r~ r ~ 1 • r "1 r` t J LJ L LJ L~ r N { 22.. ~` J 23 24 232 r-, r~ r~ ~ r1 r r~ l.. J t,., J L J L ~- J ~ J J + •~ f' [ It rt.~ w. '~ N N N ~ + ~ •. ,.~ zr•a ~tc•4 it z/e ll•I~ ANE r~.+ ~ .r~ s• .. r/+ BELFA Ls•as .77i tz~u is.ds+ 1Q.sr~ zc.j• a 1 ~~~ r ~ X27.6 ~~~ e•7 : •r r/.r ~~ r fr'i ~ • r~ .f r-~ + .i r ~ I LJ LJ ~. 1..J L.J J J T -~ 266 2 238 I o ~ I- ~~ ~ r-1 ~ ~ j i ~., r" , s~ ~~ r,y l.J ': J i J` 2TI ' 2T9 268 280 ~ 1 r -i -~ r ~ J J ` l..J « r v '~ N 'a ~ •• • O 0 3 0 Z ~., • t/ B+ ~a f~ ~1.s ~ •st scsc 1~• QARLOW ar~* f •~ r~s~; rs•I~tL f .•s i~. + • . 1J• r ~ ~. • t i ~ :.~ _ J J ~L J IL L.J ~~~ Z 1 Y I ~•v~ , 304 L J }a L ~ 312 ,~J a.• \ 25.5 ~ 1 ~ \ V M w`` .v M N M J J + ; ; :s •ts r r+ t!•i Z!'4 ~ jI.• 4t C .! ~J•7a • .. o ti ti N ~ M h N M r 0 N y y ~ • ~ • .. • •.. CITY OF LA PORTS INTER-OFFICE MEMO T0: BOB SP KE FROM: D AULISSEN DATE: 03/29/85 SUBJECT: RE-ZONE BLK. 10 LT. 161&162 SPENWICK The City has received a request from Mr. & Mrs. A. W. Brantley to re-zone Blk. 10 Lts. 161 & 162 Spenwick Place from its temporary "R-1"classification to "C" commercial. HISTORY The property in question is located in the Spenwick Place sub-division and fronts on West Main just West of Underwood. The Brantleys have maintained a commercial use on this property for the past 21 years. They no longer run Judges Outboard at the site but have remodeled the structure into lease spaces. ANALYSIS The property in question was annexed temporary "R-1" zoning classification. a legally established pre-existing use time as the use is discontinued for a the use is damaged in excess of 50% of would then also terminated. Expan could take place as long as it did not record. by the City and has therefore a The use on the property now is and may continue until such period of more than a year. If its fair market value its use sion of the existing businesses expand past the original lot of RECOMMENDATION The property now has a pre-existing use established and its location on West Main is surrounded by other commercial uses. Since the property in question is currently used as commercial a "C" zoning classification would be appropriate for this property. A ~F r r ORDINANCE NO. 780-JJJJ AN ORDINANCE AMENDING ORDINANCE NO. 780, THE CITY OF LA PORTE ZONING ORDINANCE, -3Y CHANGING THE CLASSIFICATION OF THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby finds, determines and declares that heretofore, to-wit: on the 2nd day of May, 1985, at 7:00 P. M., a public hearing was held before the Planning and Zoning Commission of the City of La Porte, Texas, pursuant to due notice, to consider the question of the possible re-classification of the zoning classi- fication of the hereinafter described parcel of land. There is attached to this Ordinance as "Exhibit A," and incorporated by reference herein and made a part hereof for all purposes, a copy of "Notice of Public Hearing" which the City Council of the City of La Porte hereby finds was properly mailed to the owners of all properties located within two hundred feet (200' ) of the properties under consideration. Section 2. The Publisher's Affidavit of Publication of notice of said hearing is attached hereto as "Exhibit B," incorporated by reference herein and made a part hereof for all purposes. S ection 3. Subsequent to such public hearing, the City of La Porte Planning and Zoning Commission met on May 2, 1985, to consider the changes in classification which were the s~ubj ect of such public hearing. The City Council of the City \f~ Porte is in receipt of the written recommendations of the City of La Porte Planning and Zoning Commission, by letters dated May 23, 1985, the original of which letter is attached hereto as "Exhibit C," incorporated by reference herein, and made a part hereof for all purposes. ` • • Ordinance No. 780-JJJJ, Page 2. Section 4. On the 22nd day of July, 1985, at 6:00 P. M. , a public hearing was held before the City Council of the City of La Porte, pursuant to due notice, to consider the question of the possible re-classification of the zoning classification of the hereinafter described parcel of land. There is attached to this Ordinance as Exhibit "D", and incorporated by reference herein and made a part hereof for all purposes, a copy of "Notice of Public Hearing" which the City Council of the City of La Porte hereby .f finds was properly mailed to the owners of all properties located within two hundred feet (200') o.f the properties under consideration. Section 5. The Publisher's Affidavit of Publication of notice of said public hearing before the City Council of_ the City of La Porte is attached hereto as "Exhibit E," incorporated by reference herein and made a part hereof for all purposes. Section 6. Subsequent to such public hearing, the City Council of the City of La Porte reveiwed the written recommenda- tions of the City of. La Porte Planning and Zoning Commission, and all of the evidence presented before it, and the City Council of the City of La Porte hereby accepts the recommendation of the City of La Porte Planning and Zoning Commission, and the zoning classification of the hereinafter described parcel of land, situated within the corporate limits of the City of La Porte, is hereby changed in accordance therewith, and the zoning classification of said parcel of land shall hereafter be "District C Commercial". The description of said parcel of land re-zoned is as follows, to-wit: All of Lots One Hundred Sixty-one (161) and One Hundred Sixty-two (162), Block 10, of SPENWICK PLACE, SECTION TWO (2), an addition in Harris County, Texas, according to the map or plat thereof recorded in Volume 48, Page 11, of the Map Records of Harris County, Texas. ' • • Ordinanc a No. 780-JJJJ, Page 3. Section 7. 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 con- tents and posting thereof. Section 8. This Ordinance shall be in effect from and after its passage and approval. Section 9. The City Secretary of the City of La Porte is hereby directed to notify the applicant of the zoning rec.lassif_i- cation that has been approved by the City Council of the City of La Porte and is contained herein. Said noti.f ication shall specifically contain the following language: TO THE APPLICANT: The application for rezoning you filed with the City of La Porte has been approved. Take notice, however, that the City of La Porte is undergoing a Comprehensive Plan adoption process. This Plan adoption process includes the possibility that the entire City of La Porte, specifically including your property, would be rezoned. The granting of your application in no way affects this possible comprehensive rezoning effort by the City of La Porte, and you should understand that in order to insure your input as to the future zoning classification your property might have, you should attend the public hearings that will be scheduled. PASSED AND APPROVED this 22day of July, 1985. • Ordinance No. 780-JJJJ, Page 4 • CITY OF LA PORTE Ry Norman Malone, Mayor ATTEST: Cherie Black, City Secretary • NOTICE OF PUBLIC HEARING In accordance with the provisions of Ordinance 780, the Zoning Ordinance of the City of La Porte, a public hearing will be held at 7:00 P.M. on May 2, 1985, by the La Porte Planning and Zoning Commission to consider rezoning Lots 161 and 162, Block 10, Section 2 of Spenwick Place from "residential" to "commercial" to accommodate the future paving of a parking lot in front of established commercial development in the Spenwick area. This hearing will be conducted in the Council Chambers of the La Porte City Hall, 604 West Fairmont Parkway. Letters concerning this matter should be addressed to the City Secretary, P. 0. Box 1115, La Porte, Texas 77571. Those wishing to address this matter pro or con during the meeting will be required to sign in before the meeting is convened. CITY OF LA PORTE ~~ `~/ •% /~ j~ ( ~ ~•.` ~~ Cherie Black ~~ . . '• City Secretary ~x~~ h~ ~ llA~~ • • NOTICE OF PUBLIC HEARING In accordance with the provisions of Ordinance 780, the Zoning Ordinance of the City of La Porte, a public hearing will be held at 7:00 P.M. on May 2, 1985, by the La Porte Planning and Zoning Commission to consider rezoning Lots 161 and 162, Block 10, Section 2 of Spenwick Place from "residential" to "commercial" to accommodate the future paving of a parking lot in front of established commercial development in the Spenwick area. This hearing will be conducted in the Council Chambers of the La Porte City Hall, 604 West Fairmont Parkway. Letters concerning this matter should be addressed to the City Secretary, P. 0. Box 1115, La Porte, Texas 77571. Those wishing to address this matter pro or con during the meeting will be required to sign in before the meeting is convened. CITY OF LA PORTE ~~ I ., ~, > >, ~ ~ /' ~ ~% ~ ~ ~~ Cherie Black l' City Secretary ~x ~+ (h < < <' A '' ~- 1 r: x.~ . ~~> .. ~; r .7ss5w ; . ~~~ $ v yrF•y ~ ;•~ ~. B ~~fi ,~r e ~ u n .~~ . The B 714 SO. BROADWAY P.o. Box 1414 LA FORTE, TEXAS 77571 (713)471.1234 "Voice of the Bayshore Since 1947" Published Every Thursday and Sunday _ ~._..-.1.._.. _.... ,1 ,o....~,,.r ., In accoMance N•ith the praci- sions of Qrdlttance 7X9, the Zoning OMinance of the Cin~ ' of la Porte. a public hearing • x•ill•be held ai . p.m. oti ~Iay "_. ' 19X3. hp the la Porte Plamifng and Zoning Commission to consider reioning tots 101 attd 16:. • Al k 10. Section • T; of • RpN• •k Isee . from . 'r Side tfal" to '•c~mmer-.,~ cfalV.e '' a omntodate the .future ~ici of a parkinpg lot itt front~'of established icom- .....winl~~d ••nlnomenl it`~thP • ` ' I This hearillg N,~filldaC In the Couttcll' , then of the La Porte Cih• hall. 004 11'esi Fairmont PsrkN•a)•. • Letters concerning this matter should County of Harris he addressed to toe. cit. j Secretar~•. P.O. Ros Ii15. La State of Texas Porte. Teas i.3i1, Those u•Ishing to address this matter pro or con during the meethtg x•Ilr be required • to sign: Itt Before me, the undersigned authori#y , on this date before the meeting Is<_cotn•en•, ~. ..,,~,,.;.; ., came and appeared Charles •Hudgins, Jr., duly authorized CITI'OFI.:~PORTEI`,~,,~1..'~ agent of The Bays hore Sun, a bi-weekly Cherie Rlack .~,;„t.0 )•:: ,• , newspaper published Cit~•Secretar)f~ . ___,• in La Porte, Harr is County, Texas, and who after being.. duly sworn, says the attached notice wa s published in The Bayshore Sun of April 21, 1985 ' • C~ 4 J r Charles ~Hud_g~s, Jr. ~' General Manager Sworn and subscribed before me this ~~'`-~day of; , ~,, .i~'.D':"'•~,,, • ••: •~ , /~•~ , • • , Notary Public Harris County, Texas • r • ' Notary Public 5,:,:: c,t is.c.,s My Commission Expires March 26, 1986 bondo4 f?i lu ~tunndq LSvoty Lawyers Suroty Cori ~' ~~ ~ /~ EX~~ ~ ~ ~ ~ • • ~~ n NOTICE OF PUBLIC HEARING In accordance with the provisions of Ordinance 780, the Zoning Ordinance of the City of La Porte, a public hearing will be held at 6:00 P.M. on July 22, 1985, by the La Porte City Council to consider rezoning lots 161 and 162, block 10, Section 2 of Spenwick Place from Residential to Commercial. This hearing will be conducted in the Council Chambers of the La Porte City Hall, 604 West Fairmont Parkway. Letters concerning this matter should be addressed to the City Secretary, P.0. Box 1115, La Porte, Texas 77571. Those wishing to address this matter pro or con during the meeting will be required to sign in before the meeting is convened. CITY OF LA PORTE c.E~c~C~~ CGC~1Z~ Cherie Black City Secretary ~l•-~ ,i The B trr -• ` ' r 714 SO. BRO~,DWAY P.O. BOX 1114 lA FORTE. TEXAS 77571 (7131471.7234 ~. . J '3v; .' ~~ xs' ,,;;~; ,,at,;yr ~ '.. .z~s .:~~ , .. ,Sf, , K .2.. ~... ;x.~,~ i'': .:..yam. B~~t~•~+F:x~re Sun ~•x,~ ., .~-. ~~ :. ' x'stas:z: "Voice of the Bayshore Since 1947" Published Every Thursday and Sunday County of Harris State of Texas Before me, the undersigned authority, on this date came and appeared Charles-Hudgins, Jr., duly authorized agent of The Bayshore Sun, a bi-weekly newspaper published in La Porte, Harris County, Texas, and who after being. duly sworn, says the attached notice was published in The Bayshore Sun of July 07, 1985 . a _ ~>. • ~ Charles Hudgins, Jr. y'' General Manager Sworn and .subscribed before me this ~~ Z"~'day of ~~_~. A.D. .~t _ ~ ' Notary Public ~, Harris County, Texas ~' . F°.4!~tih5 AA. \V:LLI~~1.15 Notary i'ublic Sta.. ci Tux?s My Commission Expires March 26, 1986 @oodad py, lj Aloxundur Lovetfr lnwyorc Suroty Corp. / ' PUBLIC NOTICE °a1aTt~~'~----- PUPd.IC HEARING In accordance with the pro- visions of Ordinance 780, the Zoning Ordinance of the Clty of La Porte, a publk hearing w61 be held al 8:00 P.M. on Ju- h 22, 1885, by the La Porte CI• ly Coyftcll t conskler rcson- faSfot~t81 nd I82, block f0. !?fectlonb2 0 Spenwick Place from Resid ntial to Commer- cial. ~:~ . This he ring ill con- ducted ,y~n a uncll Chamber of the Lp P e Clty Rail, 884 West F irmonl Parkway'. Letten c eroing this matter shouhi be ddress- . ed b the City Secret , P.O. Bo:r 1115, I.a Porte, Texu 7TS71. Those wlsAing to ad- dress this matter pro or con duNng the meeting will be re- quired to sign in before the meeting in convened. CITY OF LA PORTS ' Cherie Black ' CltySecretary ' . ~ ~ ORDINANCE NO. /~ ~~ ORDINANCE AUTHORIZING THE DEFEASANCE OF THE CITY'S OUTSTANDING WATERWORKS AND SEWER SYSTEM REVENUE BONDS, SERIES 1965, AUTHORIZING THE EXECUTION AND DELIVERY OF AN ESCROW AGREEMENT AND DECLARING THAT SAID ORDINANCE SHALL BE EFFECTIVE IMMEDIATELY UPON ITS ADOPTION WHEREAS, the City has heretofore authorized, issued and delivered, and there is currently outstanding, the following series or issue of bonds, to-wit: City of La Porte, Texas, Waterworks and Sewer System Revenue Bonds, Series 1965, dated March 15, 1965, issued in the original aggregate principal amount of $300,000, of which $75,000 principal amount is presently outstanding (hereinafter called the "Defeased Bonds"); and WHEREAS, moneys held in the interest and sinking fund, reserve fund and contingency fund for the Defeased Bonds are more than adequate to provide for the full payment when due of the principal of and interest on the Defeased Bonds, and it appears that it would be advantageous to the City to provide firm banking and financial arrangements for the timely payment in full of the principal of and interest on the Defeased Bonds so that they will not be regarded as outstanding as a matter of law; and WHEREAS, at an election held in the City on the 15th day of June, 1985, the duly qualified resident electors of the City adopted propositions for the issuance of water- works and sewer system improvement revenue bonds and the City Council is now authorized to issue and sell such bonds; and WHEREAS, if the Defeased Bonds remained outstanding, the City might find it difficult, in issuing some or all of such voted revenue bonds, to satisfy certain covenants con- tained in the ordinance authorizing the issuance of the Defeased Bonds; and WHEREAS, First City National Bank of Houston is the Paying Agent for the Defeased Bonds, and the City Council ~~ • • has determined to effectuate the defeasance of the Defeased Bonds pursuant to an escrow agreement under which provision is made for the safekeeping, investment, reinvestment, administration and disposition of the moneys made available in connection with such defeasance so as to provide firm banking and financial arrangements for the discharge and final payment of the Defeased Bonds; therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. That the term, "Defeased Bonds", defined in the preamble of this ordinance shall have the. same meaning when hereafter used in the body of this ordinance. Section 2. That the City Council hereby affirma- tively finds and determines that the moneys held in the City's interest and sinking fund, reserve fund and contingency fund for the Defeased Bonds are more than adequate to provide for the full payment when due of the principal of and interest on said Bonds and that it would be advantageous and to the best interests of the City to provide firm banking and financial arrangements for the timely payment in full of the principal of and interest on the Defeased Bonds so that they will not be regarded as outstanding as a matter of law. Section 3. The form, terms and provisions of the Special Escrow Agreement dated as of July 15, 1985, by and between the City and First City National Bank of Houston, annexed hereto as Exhibit A, are hereby approved in all respects, and the Mayor and the City Secretary of the City are hereby authorized and directed, in the name and on behalf of the City, to sign, seal and deliver an escrow agreement with First City National Bank of Houston substantially in the form thereof set forth in said Exhibit A, with such changes therein as the officers executing the same shall, as conclusively evidenced by their signatures thereon, approve. OOIRDRBS/193B01 -2- r o~ • • • Section 4. That the Mayor and other officers of the City are hereby further authorized and directed to take all such action as may be necessary for the City to discharge its obligations contained in such Escrow Agreement or otherwise to complete the defeasance of the Defeased Bonds including without limitation the withdrawal of moneys in .the interest and sinking fund, reserve fund and contingency fund for the Defeased Bonds and the deposit of such moneys with the Escrow Agent in order to provide for the full payment when due of the principal of and interest on the Defeased Bonds and the payment of the costs and expenses specified in said Escrow Agreement. Section 5. Any moneys remaining in the interest and sinking fund, reserve fund and contingency fund for the Defeased Bonds after the defeasance thereof shall be transferred to and deposited in the City's general revenue fund. Section 6. That this ordinance shall take effect and be in full force immediately upon and after its adoption. PASSED AND APPROVED this the day of July, 1985. Mayor, City of La Porte, Texas ATTEST: City Secretary, City of La Porte, Texas [SEAL] OOIRDRBS/193B01 -3- ~~ • APPROVED: ~J City Attorney, City La Porte, Texas OOIRDRBS/193B01 -4- `- • • ~••.' ~, Draft dated 6-24-85 SPECIAL ESCROW AGREEMENT THIS SPECIAL ESCROW AGREEMENT (the "Escrow Agreement") is made and entered into as of July 15, 1985, by and between the City of La Porte, Texas (the "City") and First City National Bank of Houston, a national banking association having its principal corporate trust office in Houston, Texas, as escrow agent (together with any successor or assign in such capacity, the "Escrow Agent"). WHEREAS, the City has heretofore authorized and de- livered, and there is currently outstanding, the following series or issue of bonds, to-wit: City of La Porte, Texas, Waterworks and Sewer System Revenue Bonds, Series 1965, dated March 15, 1965, issued in the original aggregate principal amount of $300,000, of which $75,000 principal amount is presently outstanding (the "Defeased Bonds"); and WHEREAS, moneys held in the City's interest and sinking fund, reserve fund and contingency fund for the Defeased Bonds are more than adequate to provide for the full payment when due of the principal of and interest on the Defeased Bonds and the City Council of the City has determined, and hereby determines, that it would be advantageous to the City to provide firm banking and financial arrangements for the timely payment in full of the principal of and interest on the Defeased Bonds so that they will not be regarded as outstanding as a matter of law; and WHEREAS, the Escrow Agent is the paying agent for the Defeased Bonds, and the City Council of the City has deter- mined to effectuate the defeasance of the Defeased Bonds pursuant to this Escrow Agreement, under which provision is made for the safekeeping, investment, reinvestment, admini- stration and disposition of the moneys made available in connection with such defeasance so as to provide firm banking and financial arrangements for the discharge and final payment of the Defeased Bonds; NOW, THEREFORE, in consideration of the premises, the mutual undertakings, promises and agreements herein con- tained, and other good and valuable consideration, the receipt and sufficiency of which are hereby expressly rs u • r~ n acknowledged, and in order to secure the full and timely payment of the principal of and the interest on the Defeased Bonds, the City and the Escrow Agent contract and agree as follows: Section 1.01. Deposit with Escrow Agent. The City has deposited, or caused to be deposited, with the Escrow Agent the sum of $ from the City's interest and sinking fund, reserve fund and contingency fund for the Defeased Bonds, of which $ shall be applied by the Escrow Agent to purchase the United States Treasury Securities (the "Escrowed Securities") described in Exhibit A annexed hereto and hereby made a part of this Escrow Agreement, and $ of which shall be deposited in the fund (the "Escrow Fund") created pursuant to the provisions of Section 2.01 hereof as a beginning cash balance. Section 2.01. Establishment of Escrow Fund. The Escrow Agent has created on its books a special fund and irrevocable escrow to be known as the "Special 1985 City of La Porte, Texas, Bond Escrow Fund." The Escrow Agent hereby acknowledges that there has been deposited to the credit of such Escrow Fund the cash described in Section 1.01 hereof, and the Escrow Agent agrees (a) to apply such deposit to the purchase of the Escrowed Securities in accordance with the provisions of said Section 1.01 and (b) to pay the cost of defeasance of the Defeased Bonds identified in Exhibit B annexed hereto and hereby made a part of this Escrow Agreement. The Escrowed Securities, all proceeds therefrom and all cash balances from time to time on deposit in the Escrow Fund shall be the property of the Escrow Fund, and shall be applied only in strict conformity with the terms and conditions hereof. The Escrowed Securities, all proceeds therefrom and all cash balances from time to time on deposit in the Escrow Fund are hereby irrevocably pledged to the payment of the principal of and interest on the Defeased Bonds, which payment shall be made by timely transfers to First City National Bank of Houston, as Paying Agent (the "Paying Agent") for the Defeased Bonds, of such amounts and at such times as are specified in Section 2.02 hereof. When the final transfers have been made to the Paying Agent for the payment of such principal of and interest on the Defeased Bonds, any balance then remaining in the Escrow Fund shall be transferred to the City, and the Escrow Agent shall thereupon be discharged from any further duties hereunder. Section 2.02. Payment of Principal of and Interest on Defeased Bonds. (a) Subject to the remaining provisions of OOIRDRBR/193B01 -2- • • this Escrow Agreement, the Escrow Agent shall from time~to time collect and receive for the credit of the Escrow Fund the principal of and interest on the Escrowed Securities as they respectively mature and fall due. The Escrow Agent is hereby irrevocably instructed to transfer to the Paying Agent from the cash balances from time to time on deposit in the Escrow Fund the amounts required to pay the principal of, and interest on, the Defeased Bonds as the same become due and payable. (b) Moneys transferred to and held by the Paying Agent in accordance with the provisions hereof shall be held b_y the Paying Ager_t as a separate trust fund for the account of the respective owners and/or holders of the Defeased Bonds in connection with which such moneys are held; provided, however, that moneys so held remaining unclaimed by the owners and/or holders of such Defeased Bonds for six (6) years after the dates on which payment thereon was due, payable and available for payment shall be paid to the City to be used for ani~ lawful purpose. Thereafter, neither the City, the Escrow Agent, the Paying Agent nor any other person shall be liable or responsible to any owners and/or holders of such Defeased Bonds for any further payment of such unclaimed moneys or on account of any such Defeased Bonds. Section 2.03. Sufficiency of Escrow Fund. The City represents that the debt service requirements of the Defeased Bonds are correctly set forth in the Certificate of (the "CPA Certificate") annexed hereto as "Exhibit C" and hereby made a part of this Escrow Agreement and that, based upon the CPA Certificate, the successive receipts of the principal of and interest on the Escrowed Securities will assure that the cash balance on deposit from time to time in the Escrow Fund will at all times be sufficient to provide moneys for transfer to the Paying Agent at the times and in the amounts required to pay the interest on the Defeased Bonds as such interest comes due and to pay the principal of the Defeased Bonds as it matures. Section 2.04. Status and Use of Escrow Fund. Except as specified in Section 3.02 hereof, the Escrow Agent at all times shall hold the Escrow Fund, the Escrowed Securities and all other assets of the Escrow Fund wholly segregated from all other funds and securities on deposit with the Escrow Agent; it shall never allow the Escrowed Securities or any other assets of the Escrow Fund to be commingled with any other funds or securities of the Escrow Agent; and it shall hold and dispose of the assets of the Escrow Fund only OOIRDRBR/193B01 -3- l • • r~ as set forth herein. Except as specified in Section 3.02 hereof, the Escrowed Securities and other assets of the Escrow Fund always shall be maintained by the Escrow Agent for the benefit of the owners and/or holders of the Defeased Bonds; and a special account thereof evidencing such fact shall be maintained at all times on the books of the Escrow Agent. The owners and/or holders of the Defeased Bonds shall be entitled to the same preferred claim and first lien upon the Escrowed Securities, the proceeds thereof and all other assets of the Escrow Fund as ar_e enjoyed by other beneficiaries of similar accounts. The amounts received by the Escrow Agent under this Escrow Agreement shall not be considered as a banking deposit by the City, and the Escrow Agent shall have no right or title with respect thereto except as escrow agent under the terms hereof. The amount received by the Escrow Agent hereunder shall not be subject to warrants, drafts or checks drawn by the City. Section 2.05. Security for Cash Balances. Cash balances from time to time on deposit in the Escrow Fund, to the extent not insured by the Federal Deposit Insurance Corporation or its successor, shall be continuously secured by a pledge of direct obligations of, or obligations uncon- ditionally guaranteed by, the United States of America, having a market value at least equal to such cash balances. Section 3.01. Limitations on Investments. Except as herein otherwise expressly provided, the Escrow Agent shall not have any power or duty to invest any money held hereun- der; or to make substitutions of the Escrowed Securities; or to sell, transfer or otherwise dispose of the Escrowed Securities. In particular, except as provided in Section 3.02 hereof, cash balances on deposit in the Escrow Fund shall not be reinvested or bear interest, and the Escrow Agent shall be entitled to retain any benefit from the deposit of such uninvested funds as additional compensation for its services hereunder. Section 3.02. Substitution of Securities. At the written request of the City, and upon compliance with the condition hereinafter stated, the Escrow Agent shall sell, transfer, otherwise dispose of or request the redemption of all or any portion of the Escrowed Securities and apply the proceeds therefrom to purchase Defeased Bonds or direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States of America and which do not permit the redemption thereof at the option of the obligor. Any such transaction may be effected by the Escrow Agent only if the Escrow Agent OOIRDRBR/193B01 -4- ~~ • ~- n shall have received a written opinion from a recognized firm of certified public accountants that such transaction will not cause the amount of money and securities in the Escrow Fund to be reduced below an amount which will be sufficient, when added to the interest to accrue thereon, to provide for the payment of principal of and interest on the remaining Defeased Bonds as they become due. Section 4.01. Records. The Escrow Agent shall keep books of record and account in which complete and correct entries shall be made of all transactions relating to the receipts, disbursements, allocations and application of the money and Escrowed Securities deposited to the Escrow Fund and all proceeds thereof, and such books shall be available for inspection at reasonable hours and under reasonable conditions by the City and the owners and/or holders of the Defeased Bonds. Section 4.02. Reports. For the period beginning on the date hereof and ending on August 31, 1986, and for each twelve (12) month period thereafter while this Agreement remains in effect, the Escrow Agent shall prepare and send to the City within thirty (30) days following the end of such period a written report summarizing all transactions relating to the Escrow Fund during such period, including, without limitation, credits to the Escrow Fund as a result of interest payments on or maturities of the Escrowed Securities and transfers from the Escrow Fund to the Paying Agent or otherwise, together with a detailed statement of all Escrowed Securities and the cash balance on deposit in the Escrow Fund as of the end of such period. Section 5.01. Representations of Escrow Agent. The Escrow Agent hereby represents that it is the Paying Agent, that it has all necessary power and authority to enter into this Escrow Agreement and undertake the obligations and responsibilities imposed upon it herein, and that it will carry out all of its obligations hereunder. Section 5.02. Limitation on Escrow Agent's Liability. The Escrow Agent shall not be liable for any action .taken or neglected to be taken by it in good faith in the exercise of reasonable care and in the belief that such action is within the discretion or power conferred upon it by this Escrow Agreement, nor shall the Escrow Agent be responsible for the consequences of any error of judgment; and the Escrow Agent shall not be answerable except for its own neglect or default, nor for any loss unless the same shall have been through its negligence or want of good faith. OOIRDRBR/193B01 -5- ~9 .~ • • r~ - The liability of the Escrow Agent to transfer funds to the Paying Agent for the payments of the principal of and interest on the Defeased Bonds shall be limited to the proceeds of the Escrowed Securities and the cash balances from time to time on deposit in the Escrow Fund. Notwith- standing any provision contained herein to the contrary, the Escrow Agent shall have no liability whatsoever for the insufficiency of funds from time to time in the Escrow Fund or any failure of the obligor of the Escrowed Securities to make timely payment thereon, except for its obligation to notify the City promptly of any such occurrence. The recitals and representations herein (other than those in Section 5.01) shall be taken as the statements of the City and shall not be considered as made by, or imposing any obligation or liability upon, the Escrow Agent. In its capacity as Escrow Agent, it is agreed that the Escrow Agent need look only to the terms and provisions of this Escrow Agreement. The Escrow Agent makes no representations as to the value, conditions or sufficiency of the Escrow Fund, or any part thereof, or as to the title of the City thereto, or as to the security afforded thereby or hereby, and the Escrow Agent shall incur no liability or responsibility in respect to any of such matters. It is the intention of the City and the Escrow Agent that the Escrow Agent shall never be required to use or advance its own funds or otherwise incur personal financial liability in the performance of any of ..s duties or the exercise of any of its rights and powers hereunder. Unless it is specifically provided otherwise herein, the Escrow Agent has no duty to determine or inquire into the happening or occurrence of any event or contingency or the performance or failure of performance of the City with respect to arrangements or contracts with others, with the Escrow Agent's sole duty hereunder being to safeguard the Escrow Fund and to dispose of and deliver the same in accordance with this Escrow Agreement. If, however, the Escrow Agent is called upon by the terms of this Escrow Agreement to determine the occurrence of any event or contingency, the Escrow Agent shall be obligated, in making such determination, only to exercise reasonable care and diligence, and in event of error in making such determi- nation the Escrow Agent shall be liable only for its own misconduct or its negligence. In determining the occurrence of any such event or contingency the Escrow Agent may OOIRDRBR/193B01 -6- Rio • r~ n request from the City or any other person such reasonable additional evidence as the Escrow Agent in its discretion may deem necessary to determine any fact relating to the occurrence of such event or contingency, and in this con- nection may make inquiries of, and consult with the City, among others, at any time. Section 5.03. Compensation of Escrow Agent. The City has paid the Escrow Agent, as a fee for performing the services hereunder and for all expenses incurred or to be incurred by the Escrow~Agent in the administration of this Escrow Agreement, the sum of $ the receipt and sufficiency of which are hereby acknowledged by the Escrow Agent. Moreover, in the event that the Escrow Agent is requested to perform any extraordinary services hereunder, the City hereby agrees to pay reasonable fees to the Escrow Agent for such extraordinary services and to reimburse the Escrow Agent for all expenses incurred by the Escrow Agent in performing such extraordinary services. It is expressly provided that the Escrow Agent shall look only to the City for the payment of such additional fees and .reimbursement of such additional expenses. The Escrow Agent hereby agrees that in no event shall it ever assert any claim or lien against the Escrow Fund for any fees for its services, whether regular, additional or extraordinary, as Escrow Agent, or in any other capacity, or for reimbursement for any of its expenses. Section 5.04. Successor Escrow Agents. If at any time the Escrow Agent or its legal successor or successors should cease to be the Paying Agent, a vacancy shall forthwith exist hereunder in the office of the Escrow Agent. Any successor Paying Agent appointed by the City shall succeed, without further act, to all the rights, immunities, powers and trusts of the predecessor Escrow Agent hereunder. Upon the request of any such successor Escrow Agent, the City shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor Escrow Agent all such immunities, rights, powers and duties. The Escrow Agent shall pay over to its succes- sor Escrow Agent a proportional part of the Escrow Agent's fee hereunder equal to the portion of such fee attributable to duties to be performed after the date of succession. Section 6.01. Notices. Any notice, authorization, request, or demand required or permitted to be given here- under shall be in writing and may be given to or served upon the party to be notified by delivering the same to an officer of such party in person or by prepaid telegram OOIRDRBR/193B01 -7- I I ,~ • • addressed to such party or by depositing the same in the United States mail, postpaid and registered or certified and addressed to such party as follows: To the Escrow Agent: First City National Bank of Houston P. O. Box 809 Houston, Texas 77001 Attn: Corporate Trust Department To the City: City of La Porte P. O. Box 1115 La Porte, Texas 77571 Attn: The United States Post Office registered or certified mail receipt showing delivery of the aforesaid shall be conclusive evidence of the date and fact of delivery if mailed in the specified manner. Notice given in any other manner shall be effective only if and when received by the party to be notified. Any party hereto may change the address to which notices are to be delivered by giving at least ten (10) days' notice thereof to the other party. Section 6.02. Termination of Escrow Agent's Obliga- tions. Upon the taking by the Escrow Agent of all the actions as described herein, the Escrow Agent shall have no further obligations or responsibilities hereunder to the City, the holders of the Outstanding Bonds or to any other person or persons in connection with this Escrow Agreement. Section 6.03. Binding Agreement. This Escrow Agree- ment shall be binding upon the City and the Escrow Agent and their respective successors and legal representatives, and shall inure solely to the benefit of the holders of the Defeased Bonds, the City, the Escrow Agent and their respec- tive successors and legal representatives. Section 6.04. Interpretations. The titles of the sections of this Escrow Agreement have been inserted for convenience of reference only and are not to be considered a part hereof and shall not in any way modify or restrict the terms hereof. This Escrow Agreement and all of the terms and provisions hereof shall be liberally construed to effectuate the purposes set forth herein and to achieve the OOIRDRBR/193B01 -8- ~l~ ~r~,~ intended purpose of providing for the refunding of the Defeased Bonds in accordance with applicable law. Section 6.05. Governing Law. This Escrow Agreement shall be governed exclusively by the provisions hereof and by the applicable laws of the State of Texas. Section 6.06. Time of Essence. Time shall be of the essence in the performance of obligations from time to time imposed upon the Escrow Agent by this Escrow Agreement. Executed as of the date first written above. CITY OF LA PORTE, TEXAS ATTEST: By Mayor City Secretary (SEAL) HOUSTON, ATTEST: FIRST CITY NATIONAL BANK OF as Escrow Agent By Title: Title: (SEAL) OOIRDRBR/193B01 -9- ~~ i EXHIBIT A Annexed to Special Escrow Agreement dated as of July 15, 1985, between City of La Porte, Texas, and First City rlational Bank of Houston, as Escrow A ent United States Treasury Securities With Cou ons Maturity Maturing Purchase Interest Date Amount Price Rate [to come] United States Treasury Securities - Zero Coupons Maturity Maturing Purchase Date Amount Price [to come] OOIRDRBR/193B01 ~ /~ • •, ~~ n EXHIBIT B Annexed to Special Escrow Agreement dated as of July 15, 1985, between City of La Porte, Texas, and First City National Bank of Houston, as Escrow A ent Costs of Refunding (to come] OOIRDRBR/193B01 ~ l~ i ~.~ n EXHIBIT C Annexed to Special Escrow Agreement dated as of July 15, 1985, between City of La Porte, Texas, and First City National Bank of Houston, as Escrow Agent CPA Certificate [to come] I~ OOIRDRBR/193B01 ,~ • • ~s BErieFits FRED. S. JAMES 8~ CO. 350 Glenborough Drive, Suite 100, Houston, Texas 77067-3699 (713) 444-7509 July 17, 1985 Mr. Richard T. Hare Assistant City Manager City of La Porte P.0. Box 1115 La Porte, TX 77571 Re: Dependent Coverage of Retirees and Employees Dear Richard: As we discussed, coverage of dependent children for employees currently continues through age 25, provided that the child is enrolled full-time in school. This coverage is by far the predominant method employed to provide coverage for dependent children. An exclusion of children beyond the age of 19 who are students would yield, on the average, minimal plan savings and potentially could create signifi- cant employee relations problems. Nowhere in my experience is this exclu- sion made. Coverage for student children between the ages of 19 and 25 is actuarially funded through the rating process and currently presents no adverse risk to The City Plan. It is therefore our recommendation that this coverage be continued and that such coverage apply, where appropriate, to retiree dependents as well. If any questions arise concerning this, please contact me. Sincerely, ~~ Stanley R Self Account E ecut' e SRS:dv cc: Jack Owen }~{~ ~~~~ Consultants, Administrators 8 Actuaries • • ORDINANCE NO. ~~~~ t/ AN ORDINANCE ADOPTING AMENDMENT NO. 2 TO THE CITY OF LA PORTS EMPLOYEE MEDICAL FUND PLAN; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTS: Section 1. Amendment No. 2 to the City of La Porte Employee Medical Fund Plan, in form attached hereto as "Exhihit ~," is hereby adopted and approved by the City Council of_ the City of La Porte. Section 2. Retirees and their Dependents who elect to participate in the Plan shall pay the full amount of the costs of their coverage, as determined from time to time by the Plan's actuaries. The City of La Porte shall make no Contribution toward the cost of coverage of Retirees and their Dependents. Dependents shall include Dependents of any deceased Employee or Retiree, as defined in Exhibit "A", attached hereto. Section 3. Current eligible Retirees and their Dependents shall have a thirty-day enrollment period, following certified mail notification to them by the administrator, of the availab- ility of Coverage. Future Retirees and their Dependents must elect coverage prior to their last day of employment. Section 4. 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 rati.f ies, approves and confirms such written notice and the contents and posting thereof. ~~ • • Ordinance No. ~~~~ Page Two Section 5. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the 22nd day of July, 1985. CITY OF LA PORTE By Norman Malone, Mayor ATTEST: Cherie Black, City Secretary APPROVED: ~~ 1 ~/ C/l J. /G6'~~ /~ Knox W. Askins, City Attorney i~ ~ • • PROPOSED AMENDMENT N0. 2 TO THE CITY OF LA PORTE EMPLOYEE MEDICAL FUND PLAN Plan Document section SCHEDULE OF BENEFITS sub-section Maximum Plan Payments is hereby amended to include the following: Private Duty Nursing $20,000 per lifetime Plan Document section DEFINITIONS, C. PARTICIPATING DEFINITIONS, 1. Person eligible for coverage and normal date of coverage: is hereby amended as follows: a. Covered Person is an Employee, Retiree, or Dependent who is an eli- gib a person enrolled in the Plan. c. Retiree is a person who is a former employee covered under this Plan on the date of retirement. A former Covered Employee is eligible for coverage during retirement if the following conditions are met at the date of retirement. 1. Is receiving retirement annuities as a qualified annuitant under the Texas Municipal Retirement System or retired in accordance with City of La Porte personnel policies, and 2. has completed at least three continuous years of service as a full-time employee of the City of La Porte immediately prior to retirement. d. Dependent is the spouse or eligible child of a Covered Employee or Retiree and who is enrolled in the Plan. A child may be covered from birth up to the child's 19th birthday, or up to the child's 25th birthday if such child is attending an accredited school on a full time basis. Any dependent child less than twenty-five (25) years of age who has graduated from an accred- ited school and who has not become gainfully employed will be con- sidered a dependent for a period not to exceed two (2) months. The term "child" includes a natural child, adopted child, foster child and step-child of a Covered Employee, and includes a natural child, adopted child, or step-child of a Covered Retiree who was covered continuously at least three years prior to the date of retirement, or enrolls as a newborn. The child must be unmarried, dependent upon the Employee for support and maintenance and reside with the Employee or Retiree as legal guardian in a parent-child relationship. ~~ • • ,t r-- n Such term shall also include a dependent child after his 19th birth- day, provided the child becomes both (1) incapable of self-sustain- ing employment by reason of mental retardation, physical handicap or total disability, and (2) chiefly dependent upon the Covered Employ- ee for support and maintenance while covered under this Plan or a prior plan offered by the Employer on the day prior to the effective date of this Plan. Such qualifications will continue coverage for the child beyond his 19th birthday. Proof of such incapacity or dependency must be furnished to the Plan by the covered Employee within thirty one (31) days of the child's 19th birthday or date of disability and at reasonable intervals thereafter. Excluded as dependents are any person(s): a. Legally separated from the Covered Employee, b. While such person is on active duty in any military for any country and, c. Who is a Covered Employee under this Plan, d. Claiming dependency on a Retiree who was eligible but not enrolled for coverage on the effective date of retirement. Plan Document section EFFECTIVE DATES OF COVERAGE is hereby amended as follows: A. Covered Person is an Employee, Retiree, or Dependent who is an eligible person enrolled in the Plan. D. Newborn children are covered automatically at birth for thirty-one (31) days. For coverage to continue beyond thirty-one (31) days, the Employee or Retiree must notify the Employer of the birth and pay any required contribution if it affects his contribution level. If such notification and contribution do not occur, coverage will terminate at the end of the thirty-one (31) days following birth. A claim for maternity expenses is not considered as notification to the Employer for coverage of a newborn to continue beyond thirty-one (31) days. Plan Document section TERMINATION OF COVERAGE LEAVE OF ABSENSE OF LAYOFF, subsection B. 2. is here y amended as fo ows: 2. The coverage on the Dependents of any deceased Employee o.r Retiree may continue to the end of a 180 day period from the date death oc- curs and beyond, provided any required contribution is made, to a maximum period from date of death equal to the total number of months of active full-time service with the City of La Porte. ~i 6 • • r- n However, in no event will coverage under the above provision continue beyond the earliest of: a. the date the spouse remarries; b. the date the dependent becomes eligible for benefits under any other group plan; c. the date the dependent becomes eligible for Medicare; or d. the date the Plan terminates. This Amendment is effective 1985. Signed at ~ this day of 1985. ADMINISTRATOR City of LaPorte, Texas WITNESS By: w7 • • T0: City Manager FROM: John Joerns REQUEST FOR CITY COUNCIL AGEi~JDA ITEi~1 1. Agenda Date Requested: Julv 15, 1985 Date:~y 11, 1985 2. x Report Resolution Ordinance 3. Project summary: BMW has entered into a utility extension agreement with the City to extend both water and sewer to serve their 5.0+ Ac. tract. The City has asked BNdnT's Engineer to design and receive alternate bids on the over- sizing of these facilities to serve the additional acreage North of the tract and provide for a future 12" outer loop for the City's water system. 4. Action Required: Authorize expenditure of $50,500 for participation in oversizing of water and sewer lines and lift station facilities. 5. Alternative: Reject participation in oversizing of facilities. 6. Recommendation: The City participate in the oversizing of 2,440 ft. of 8" to 12" water line and related appurtenances. The City participate in the aversizing of 535 ft. of 8" to 10" sanitary sewer. The City participate in the oversizing of the wet well, force main and related appurtenances in the lift station. NOTE: The results of the bid opening will be available at Council's next regular meeting. 7. Exhibits: A small scale map is attached. $.Availability of Funds: General Fund _~Water/Wastewater Capital Improvmt. General Revenue Sharing X Other - 1979 Water Bond F1and Account Number: Funds Available: ~_Yes No 012-300-301-001 ($20,447.35) 003-810-810-891 ($30,052.65) P.eaueste ~,A~prov~~d for City Counci 1 Agenda City ttanager Date _~ - DITCH -~ -- I --- -I r- - -~\\ ~ ~ ~ ~ ~ \ ~ ~ ~ ~\ ~ ~ 29 ~~ I~ I~ I~ I~ - -- C~ • Py ,~0 G~~ ~P P~ 5 ~~~ ~~ ~ ~'_ ~ •, • July 22, 1985 MEMO T0: Mayor and Cou cil ersons FROM City Engineer ~ ~ SUBJECT: BMW Utility Extension At the July 15 workshop, I handed out a breakdown of Carlos Smith's estimate for the cost of City participation in the above referenced utility extension. Column 1 of the attached table repeats that breakdown. Bids were opened July 18 at City Hall, which reflected that McKey Construction was low bidder for the extension oversized to serve the land north of BMW at $ 120,810.15. Ben Felts was low bidder for the extension to serve BMW and Barbour's Cut Import Service at $80,709.00. The difference between those bids ($ 40,101.15) will be the City's share of the construction cost. Column 2 is a breakdown of the differences for comparison to Column 1. Note that we have included a 10~ allowance for engineering and 596 for change orders and that the City's share should not exceed $ 46,100, instead of $50,500 as previously estimated. Staff recommends award of the contract for the BMW utility Extension to McKey and approval of City participation up to $ 46,100. cc. John Joerns ,~ • • PROPOSED BMW/BCIS UTILITY EXTENSION COST OF OVERSIZING Column 1 ENGINEER'S COST ESTIMATE WATER MAIN EXTENSION 2440 feet of 12" (instead of 8") water main from the existing termination point in Oak Park Mobile Home Park to the south end of the new BMW plant. TOTAL WATER MAIN OVERSIZING $ 24,600 OVERSIZING CONSTRUCTION COST SANITARY SEWER EXTENSION 1170 feet of 6" (instead of 4") force main from the above termination point to the lift station site near the BCIS Main Gate 4,200 350 gallons per minute (instead of 115 GPP1) sanitary sewer lift station 535 feet of 10" (instead of 8") gravity sewer from the new lift station to new Manhole 3 TOTAL SANITARY SEWER OVERSIZING CONSTRUCTION COST TOTAL UTILITY EXTENSION OVERSIZING CONSTRUCTION COST ENGINEERING COSTS CONTINGENCY TOTAL OVERSIZING COSTS 10,000 6,700 $ 20,900 $ 45,500 $ 5,000 NONE $ 50,500 Column 2 CONTRACT LOW BID $ 21,626.15 5,010.00 14,000.00 (635.00) $ 18,475.00 $ 40,101 .15 $ 4,010.12 1,988.73 $ 46,100.00 .. • • H. CARLOS SMITH ENGINEERS AND SURVEYORS, INC. PHONE A/C 713 471-4226 718 SOUTH BROADWAY P. O. BOX M LAPORTE,TEXAS 77571 July 22, 1985 Hon. Mayor & City Council City of La Porte P. 0. Box 1115 La Porte, Texas 77571 Re: Water & Sewer Extension Job No. 1862-85 Ladies & Gentlemen: We wish to recommend the award of the bid for the water and sewer extension to the B. M. W. of North America, site to the low bidder, McKey Construction & Equipment, Inc., of La Porte, Texas, on their bid in the amount of $120, 810.15. This bid includes the fiber glass enclosed lift station pumping unit for the lift station just North of the railroad. The low bid for the B. M. W. portion of the extensions was $80,709.00 for a difference of $40,101.15 which will be the City of La Porte's cost sharing for the enlargement of the lines for future development in the area. Very truly yours, H. Carlos Smith, Engineers I Surveyors, Inc. `~'"' / ~Q.~~/ ~. H. Carlos Smith, P.E. President U H. CARLOS SMITH • ENGINEERS AND SURVEYORS, INC. PHONE A/C 713 471-4226 71s SOUTH BROADWAY P. O. BOX M LAPORTE,TEXAS 77571 July 22, 1985 Hon. Mayor & City Council City of La Porte P. 0. Box 1115 La Porte, Texas 77571 Re: Water & Sewer Extension Job No. 1862-85 Ladies & Gentlemen: We wish to recommend the award of the bid for the water and sewer extension to the B. M. W. of North America, site to the low bidder, McKey Construction & Equipment, Inc., of La Porte, Texas, on their bid in the amount of $120, 810.15. This bid includes the fiber glass enclosed lift station pumping unit for the lift station just North of the railroad. The low bid for the B. M. W. portion of the extensions was $80,709.00 for a difference of $40,101.15 which will be the City of La Porte's cost sharing for the enlargement of the lines for future development in the area. Very truly yours, H. Carlos Smith, Engineers .& Surveyors, Inc. .r -?L ~ ~ H. Carlos Smith, P.E. President ~ ~ ORDINANCE N0. 1449 AN ORDINANCE RE-APPOINTING MEMBERS TO POSITION 2 & 3 OF THE PLANNING AND ZONING COMMISSION FOR THE CITY OF LR PORTE, FOR THE TERM EXPIRING APRIL 30, 1987 Section 1. The City Council of the. City of ;La Porte hereby appoints EDWARD MURPHREE~as the Member to Positi n 2, and JANET GRAVES as the Member to Position 3, of the City of La Porte Planning and Zoning Commission, for the term beginning May 1, 1985, and ending on April 30, 1987, or until their successors shall have been appointed and qualified. Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only.. Section 3. 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 Civic 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 hereof. Section 4. This .ordinance shall be effective from and after its passage and approval. PASSED AND APPROVED, this the 22nd day of July, 1985. CITY OF LA PORTE By ~~~~! NO MALONE, Ma - r 1 Ordinance No. ~~/~~ , Page 2. ~~ I~ 1 ATTEST: r ' c.~/LC,Pi v CHERIE BLACK, City Secretary APPROVED: