HomeMy WebLinkAbout1985-09-16 Public Hearing and Special Meeting
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MINUTES OF THE
PUBLIC HEARING ON THE OVERALL BUDGET AND SPECIAL MEETING
LA PORTE CITY COUNCIL
SEPtEMBER 16,1985
1. The meeting was called to order by Mayor Malone at 6:04 P.M.
Members of City Council Present: Mayor Norman Malone,
Councilpersons Delbert Walker, Ed Matuszak, Betty Waters,
Lindsay Pfeiffer, Deotis Gay, B. Don Skelton, Linda Westergren
~embers of City Council Absent~ Councilperson John Lloyd
Members of City Staff Present: City Manager Jack Owen, City
Attorney Knox Askins, City Secretary Cherie Black, Assistant
City Manager Richard Hare, Administrative Assistant Olivia
Moeller, Director of Human Resources Doug de la Morena,
Finance Officer Tom Keilman
Others Present: Pam Smith, Bayshore Sun; Linnea Schlobohm,
Bay town Sun; 52 citizens
2. The Mayor called the public hearing on the overall budget to
order.
The City Manager reviewed the budget, after which the Mayor
asked for those citizens wishing to speak regarding the budget
to come forward. The following citizens responded: Clyde
Smith, Al Fields (who presented Council with a resolution from
the Chamber of Commerce communicating the Chamber's desire to
see the pavilion at Sylvan Beach reopened and returned to the
use of La Porte-Bayshore Area citizens); David Brady; Tom
Simons; John Paul Zemanek; Paula Bridges; Nancy Neely; Doyle
Westergren; Lou Lawler; Robert Williams; Leonard Jones; Dick
Aubey; Al Pena
The Mayor declared the public hearing closed.
3. Council discussed and considered a proposed flood plain
ordinance to insure compliance with the National Flood
Insurance Program.
Motion was made by Councilperson Westergren to adopt the flood
plain ordinance. Second by Councilperson Matuszak. The
motion carried, 8 ayes and 0 nays.
Ayes: Councilpersons Walker, Matuszak, Waters, Pfeiffer, Gay,
Skelton, Westergren and Mayor Malone
Nays: None
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Minutes, Public Hearing and Special Meeting
La Porte City Council
September 16, 1985, Page 2
The City Attorney then read: ORDINANCE 1452 - AN ORDINANCE
REPEALING CHAPTER 10 1/2 OF THE CODE'OF ORDINANCES OF THE CITY
OF LAPORTEi TEXAS, ENTITLED' "FLOOD HAZARD'AREAREGULATIONS"~
AND REPLACING'SAID CHAPTER 10'1/2 BY ENACTING A NEW 'ORDINANCE,
ENTITLED "FLOOD DAMAGE PREVENTION ORDINANCE"; MAKING FINDINGS
OF FACT 'AND RECITING 'STATUTORY AUTHORIZATION FOR SAID' NEW"
CHAPTER 101/2, AND 'MAKING A STATEMENT OF THE PURPOSES-OF
SAME; PROVIDING CERTAIN DEFINITIONS; ESTABLISHING THE LAND
WITHIN THE CITY OF LA PORTE TO WHICH THIS ORDINANCE APPLIES,
AND THE BASIS FOR' WHICH SAID'LANDS WERE DETERMINED; PROVIDING
FOR A FLOOD PLAIN BUILDING PERMIT, PROVIDING THAT NO STRUCTURE
OR LAND SHALL BE'LOCATED~ALTERED, OR HAVE'ITS USE'CHANGED
WITHOUT FULL COMPLIANCE WITH THIS ORDINANCE;PROVIDING'FOR THE
DESIGNATION OF A FLOOD PLAIN ADMINISTRATOR FOR THE 'CITY OF LA
PORTE, TO ADMINISTER THIS ORDINANCE' AND PERMIT PROCEDURES;
PROVIDING FOR A VARIANCE PROCEDURE, TO BE ADMINISTERED BY THE
PLANNING AND ZONING COMMISSION OF THE CITY OF LA PORTE;
PROVIDING GENERAL AND SPECIFIC STANDARDS FOR FLOOD PLAIN
HAZARD REDUCTION, AND STANDARDS FOR AREAS OF SHALLOW FLOODING;
PROVIDING STANDARDS FOR DEVELOPMENT PROPOSALS WITHIN THE CITY
OF LA PORTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL CLAUSE; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
4. Council discussion of redistricting maps.
Motion was made by Councilperson Westergren to table this
~. Second by Councilperson Gay. The motion carried, 6 ayes
and 2 nays.
Ayes: Councilpersons Waters, Pfeiffer, Gay, Skelton,
Westergren and Mayor Malone
Nays: Councilpersons Walker and Matuszak
After clarification by the City Attorney on tabling items and
putting the item back on an agenda, Councilpersons Walker and
Matuszak agreed to the tabling of item 4.
5. Council discussion of depository agreement.
The Mayor informed Council that he had been requested to reset
this item to a date in October.
6. Council discussion of the Affirmative Action Plan.
Assistant City Manager Hare explained the reasons for adopting
an Affirmative Action Plan.
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Minutes, Public Hearing and Special Meeting
La Porte City Council
September 16, 1985
MQtiQll ~ps made by Councilperson Gay to table this item for
further, in-depth study. Second by Councilperson Westergren.
The motion carried 8 ayes and 0 nays~
Ayes: Councilpersons Walker, Matuszak, Waters, Pfeiffer, Gay,
Skelton, Westergren and Mayor Malone
Nays: None
7. Councilperson Westergren requested an executive session on
personnel. Council adjourned into executive session at 7:20
P.M. and returned to the Council table at 7:32 P.M.
8. There being no further business to come before the Council,
the meeting was duly adjourned at 7:32 P.M.
Respectfully submitted:
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Cherie Black, City Secretary
Passed & Approved this the
23rd day of September 1985
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CITY COUNCIL AGENDA ITEMS
TO: C~TY MANAGER
Jack Owen
FROM: Thomas Keilman
DATE:
Sept. 12, 1985
REQUEST FOR CITY COUNCIL AG€NDA ITEM
1. Agenda Date Requested:
09/16/85
2.
REPORT;
RESOLUTION;
ORDINANCE X AGREEMENT
3. PROJECT SUMMARY: Depository agreement drawn up by Knox Askins
4. ACTION REQUIRED: Seek permission to take bids for agreement.
5. ALTERNATIVE: Don't act upon.
6.
RECOMMENDATION:
Send out bids to be approved by City Council in November.
LOUIS[1BULL
specialty advertising
Fort Worth (817) 335-4529 Dallas (Metro) 4294572.
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EXHIBITS: Depository Agreement
General Fund
Capital Improvement
Other
p-j~u-~~ 1
q /; &, /s ~ (L4- k&k-~
Water/Wastewater
General Revenue Sharing
8. AVAILABILITY OF FUNDS:
9.
ACCOUNT NUMBER:
11"\
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FUNDS AVAILABLE: __YES __NO
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TYPE NAME IN
REQUESTED~BY~~,~ Pt~~
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I 1
10.1 APP~OVED
ITY COUNCIL AGENDA
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DATE
Owen
Y MANAGER'S OFFICE
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CITY OF LA PORTE
REQUEST FOR PROPOSAL
CITY DEPOSITORY AGREEMENT
FOR TERM
JANUARY 1, 1986 -- DECEMBER 31, 1987
Revised: September 2,1985
II.
III.
IV.
VI.
VII.
I.
V.
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TABLE OF CONTENTS
Introduction.......
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Cal endar of
Events.
. . . . .
. . c. I; ...../ .I ,) ) ,) , . . . . . . . . . . . . . . . . . . . . . . .
Criteria
Evaluation.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for
Account
Activities.....
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A.
B.
Number of
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Accounts.
Service and
Fees...
.................,:{'
) 1 ) 1 l
C.
Bank
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sta t ements. .
D.
Method of Payment and Reporting.......................
Investment
Ac t i v i ties. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A.
B.
Securities
........,.);,
))). ............
Pledg ed.
Requirements.
Reporting
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C.
Safekeeping.. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
D.
E.
Substitutions.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Paid.
Interest
Interest
Rates
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Calculations.
F.
G.
. . . . . . . . . . ) ) ) , ~ . 4 . . . . . . . . . . . . . . .
Al ternative.
Direct
Investment
. . . . . . . . . . . . . . . . . . . . . . . .
H. Purchase Agreements................................... 13
Overdrafts.. . . .
. . ~ . ~ D ~ U J , >> . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A.
B.
Definition.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Limits.
and
Rates
. . . . . . . . ~ ~ ~ . . . . . . . . . . . . . . . . . . . . . . . . . .
Other Stipulations...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A.
B.
C.
Regulation
Notices.
. . . . . . . . ...J ) ) ) ) . . . . . . . . . . . . . . . . . . . . .
Wire Transfers.....
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Expiraton.
Investments After
Contract
. . . . . . . . ~ . . . . . . . .
D. Right To Audit Bank Records........................... 16
E. Financial Reports..................................... 16
F . Term 0 f Ag r e em en t. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 16
G.
Term ina t ion. . . . . . . . . . .' ., , , ,
) ) , . . . . . . . . . . . . . . . . . . .
Page
1
3
4
5
5
l)
f)
7
9
9
9
10
10
10
12
12
15
15
15
16
16
16
16
.16A
VIII.
IX.
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Bidding
Instructions/Requirements.
. . . . . . . . . . . . . . . . . . . . . . . .
A.
B.
c.
Date,
Tim e,
and
To This
Location.. .
. . . . . . . . . . . . . . . . . . . . . . . . . . .
Responding
Additional
Request.
. . . . . . . . . . . . . . . . . . . . . . . . . . .
Information. .
Other Miscel1aneous.
X.
Appendices..........
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
D.
Rig h t
to
Rej ect Bids.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Page
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I. INTRODUCTION
The City of La Porte is seeking application from eligible financial
institutions to be the depository for public funds of the City. The
contract period will be two years beginning January 1, 1986, and
thereafter until the successor depository shal1 have been duly
selected and qualified according to state laws. At the outset, the
City wishes to communicate the primary objectives of the depository
agreement, an important component of the overall treasury and debt
management program of the City:
To seek a bank that is
services and willing to
matters:
both capabl e of prov id ing bank ing
be attentive to the City's money
To maximize the total dollars earned by the City on invested
monies in order to be prudent and effective custodians of
the taxpayer's financial resources:
To maintain a good working reelationship with the depositor
bank: and
To adequately compensate the depository bank
provided and to allow a reasonable profit
for
to be
services
earned.
This request for Proposal, or "RFpl, is intended to serve as the bid
form for the depository agreement. There are several blanks to fill
in and quest ions to be answered.
The depository agreement will be
prepared based on the bidder's response to this RFP.
All points
outlined and materials requested should be incorporated into the
bidder's reply to be considered for evaluation.
Attachments will
be appropriate in order to answer some of the enclosed questions.
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The City desires to enter into a contract that will maximize the
City's interests, yet will be viewed as a good agreement on behalf
of the bank. Ci ty staff and adv isors will be happy to answer any
questions pertaining to this RFP.
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II. CALENDAR OF EVENTS
TARGET DATE DESCRIPTION OF EVENTS
September 16, 1985
October 3, 1985
October 18, 1985
November 11, 1985
January 1, 1986
Present RFP to City Council and obtain approval
to request bids.
Host a bidder's conference and advertise in
the local newspaper.
Receive bids from interested banks.
Review recommendation with the City Council
and award contract.
New contract period begins.
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III. CRITERIA FOR EVALUATION
The City staff will review submitted proposals very carefully. The
recommendations will be based on the bid determined to be best on
behalf of the City and the taxpayers. As an indication of what will
be considered in the evaluation of the proposals, the following areas
are 1 isted:
Ability to perform the requested services.
Agreement to points outlined in this RFP.
Interest rates paid on time deposits.
Cost of banking services.
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IV. ACCOUNT ACTIVITIES
A. The City intends to open the following bank accounts:
NAME
TYPE
General Operating
Demand
Payroll
Demand
Interest and Sinking Fund
Demand
The City reserves the right to mod ify the number of accounts
throughout the period if necessary.
B. The services which should be made available to the City include
but are not limited to the following:
FEE CHARGEDI
PER UNIT
ESTIMATED
VOLUME *
DESCRIPTION OF SERVICE
1.
per account
Account Maintenance.
2.
100 per month
6,000 per month
Deposit Tickets.
3.
Items deposited.
4.
750 per month
Items paid.
5.
20 per month
Return items.
6.
20,000 per year
Printed checks specified
by City. (PR and Acct.)
7.
6 per year
Wire serv ices.
8.
1 per month
Stop payment requests.
9.
Yes
Coin wrappers furnished.
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FEE CHARGED
PER UNIT
ESTIMATED
VOLUME*
DESCRIPTION OF SERVICE
10. 10 Night depository bags
and keys.
I!. Cancelled checks returned
in numerical ord er.
12. 1 Safe deposi t box.
( 3 x 5 x 22)
* These are estimates that represent volumes for the last two years.
Please specify any other services available to the City which may be
thought to be beneficial or that may apply to the City.
State all
related fees.
FEE
SERVICE
C. Bank statements should be rendered within 5 working days after
the cut-off date furnished by the City. The cut-off date wil1
be the last day of the calendar month except for the Payroll
Account which will coincide with every other bi-weekly payroll.
These cut-off dates will be established by the City at the
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beg inning of the contract period. The statements must include
deposits made on the last day of the period. The accompanying
checks must be arranged in numerical order.
D. The City intends to pay for all account services provided by bank
as set forth in section IV-B. The method expected to be used for
the payment of these services is the compensating balance method.
The City will require an account analysis each month which will
clearly show activity counts, fees charged, total price for
servicing the account and related balance requirement, average
ledger balance, average uncollected funds and average collected
balances. Also, the analysis should include the earnings credit
rate, net profit or loss, and the excess or deficit balances.
The City will require this analysis even if the bank were to bid
the services at no cost.
Please explain how the earnings credit will be determined. Use
a separate attachment if necessary:
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Please explain how the uncollected funds will be
Use a separate attachment if necessary. Please
availability schedule that wil1 be used.
calculated.
attach the
Please submit a sample of the monthly account analysis that will
be provided to the City.
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V. INVESTMENT ACTIVITIES
A. As security for the deposits of the City of La Porte, the bank
shall pledge to the City securities equal to 110% of the balances
the City of La Porte maintains in the bank. The securities
comprising the pledge shall be valued at par or market, whichever
is lower. The securities so pledged, the amounts thereof and
the time for pledging same must satisfy the requirements of
Article 2560, Tex. Rev. Civ. Stat. Ann., and City of La Porte
Resolution No. 74-4.
In lieu of a pledge of securities, or in combination therewith,
the bank may have issued and executed by some solvent surety
company or companies authorized to do business in the State of
Texas, such bond or bonds, which alone or combined with a pledge
of securities, shall be equal to 110% of the balances the City
of La Porte maintains in the bank, which said corporate surety
bond shall be issued by a surety company or companies with a
Best rating of IlA 15" or better, and shall be approved by the
City Attorney, the City Council, and filed with the City Secre-
tary.
B. The bank shall provide the city with a report of securities pledged
at the end of each month or at any time requested by the Finance
Officer, or his designated representative. This report should
reflect the following information at the end of each month:
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Total pledged securities by:
Name
Type/Description
Par Value
Market Value at Month End
Maturi ty Date
C. The securities pledged shall be held in safekeeping by a separate
and different bank other than the depositor bank. (See sample
contract in Appendix.) A duplicate copy of any security receipts
shall be filed with the Finance Officer of the City of La Porte.
The City will reimburse the depositor bank for any safekeeping
charges. Specify the safekeeping charges that will apply:
D. Any substitutions of the securities or reductions in the total
amount pledged may be made only by and with proper written
authorization approved by the City Manager, the Finance Officer,
or his or her designated representative. The City must approve
all securities pledged. Any state or local government bonds
pledged must have a rating of "A" or better by Moody's Investor
Services, or by Standard & Poors.
E. Subject to government regulations, the following is a schedule of
bids for single maturity time deposits or certificates of deposit
to be completed by the proposing financial institutions:
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Certificates of Deposit - Less than $100,000:
MATURITY
14-29 days
30-59 days
60-89 days
90-119 days
120-149 days
150-179 days
180-209 days
210-239 days
240-269 days
270-299 days
300-329 days
330-365 days
366 days or more
BASE
ADJUSTMENT TO BASE
basis points
basis points
basis points
basis points
basis points
basis points
basis points
basis points
basis points
basis points
basis points
basis points
basis points
* Note: The base will be the Treasury Bill yield for the maturity
closest to the desired certificate of deposi t maturity
date as published in the Wall Street Journal for the
preceding day of the investment transaction.
*
plus/minus
*
plus/minus
*
plus/minus
*
plus/minus
*
plus/minus
*
plus/minus
*
plus/minus
*
plus/minus
*
plus/minus
*
plus/minus
*
plus/minus
*
plus/minus
*
plus/minus
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MATURITY BASE ADJUSTMENT TO BASE
150-179 days * plus/minus basis points
180-209 days * plus/minus basis points
210-239 days * plus/minus basis points
240-269 days * plus/minus basis points
270-299 days * plus/minus basis points
300-329 days * plus/minus basis points
330-365 days * pIus/minus basis points
366 days or mo r e * plus/minus basis points
* Note:
The base will be the Treasury Bill yield for the
closest to the desired certificate of deposit
date as published in the Wall Street Journal
preceding day of the investment transaction.
maturity
maturity
for the
F. Interest Calculations - Interest on all certif icates of deposit
shall be computed on an actual day basis, and the interest paid
to the City of La Porte on the last business day of the month
by crediting the bank account.
The Finance Officer shall be
notif ied by the bank of the interest amount on or before the
last day of the month.
G. Direct Investment Alternative - The City of La Porte desires a
depository agreement which enables all investments to be in the
form of certificates of deposit issued by the bank.
However,
since the state law now allows the City to invest in direct
debt securities of the U.S. Government (H.B. 1062), the City
will most likely take this permissible route in the event the
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C.D. rates proposed are substantially lower than what the yields
would be for Treasury Bills.
In the event the City elects to invest directly in T-Bil1s, or
any other permissible government securities, the City will desire
for the depository bank to execute the order and effect the
transaction. Should this alternative be selected, what charges,
if any, would be made by the bank to the City's account?
Transaction Fee
Safekeeping Fee
Wire Service Fee
Other (specify)
If the City decides to invest directly in Treasury Bills, the
deposi tor bank will be allowed to match the Treasury Bill yield
at the time of each investment decision.
H. Repurchase Agreements - The City of La Porte desires for the bank
to sell securities that are unconditionally and individually
guaranteed as to interest and principal by the u.s. Government,
to the City on or before 2:00 P.M. on Friday and simultaneously,
with the sale, agrees to repurchase on or about 12:00 Noon on the
following Monday, the same securities at the same price as sold,
with interest calculated on the invested amount.
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If a holiday falls on Friday, the sale will occur on the preceding
Thursday. If a holiday falls on Monday, the repurchase will occur
on the following Tuesday. The City will determine the amount of
demand deposit balances available for weekend investment repurchase
agreement. Repurchase transactions are to be recorded in the
City bank accounts by bank debit or credit memo, with notification
by telephone and with confirmations in writing mailed to the City.
Interest rates on repurchase agreements shall be based on an
average of the rates offered by two banks in Houston as will be
specified by the City. Interest earnings resulting from each
repurchase agreement shall be paid to the City on the day of
repurchase by crediting the account from which the principal
was charged.
The City reserves the right to enter into repurchase ag reements
during weekdays for periods of time longer than weekends with
the same time provisiosn as specified for the weekend repurchase
agreements as stated above.
Please specify any charges that may be involved in the handling
of a repurchase agreement transaction:
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RESOLUTION OF THE BOARD OF DIRECTORS
Be it resolved by the Board of Directors of the La Porte-
Bayshore Chamber of Commerce, a non-profit corporation organized
under the laws of the State of Texas,
it's principal offices
existing within La Porte, Harris County, Texas, that:
WHEREAS,
the Board of Directors of the La Porte-Bayshore
Chamber of Commerce find that the Pavilion at Sylvan Beach Park,
said park being owned by the County of Harris, State of Texas, is
a cultural asset to the citizens of La Porte and the La Porte-
Bayshore area; and
\<lHEREAS,
the Board of Directors of the La Porte-Bayshore
Chamber of Commerce further find that said Sylvan Beach Pavilion
is a focal point of La Porte and Bayshore Community pride; and
i'IHEREAS,
the Board of Directors of the La Porte-Bayshore
Chamber of Commerce finds that said Sylvan Beach Pavilion has
historical significance as a contributing factor to the economic
and cultural development of the La Porte-Bayshore area; and
vlHEHEAS,
the Board of Directors of the La Porte-Bay shore
Chauber of Commerce finds that said Sylvan Beach Pavilion
attracts commerce,
conventions and is a focal point of large
community gatherings; and
iIHEREAS,
the Board of Directors of the La Porte-Bay shore
Chamber of Commerce finds that said Sylvan Beach Pavilion was
extensively damaged by hurricane Alicia; and
HHEHEAS,
the Board of Directors of the La Porte-Bayshore
Chamber of Commerce finds that said Sylvan Beach Pavilion has
remained closed and inoperative and unrepaired since the damage
received by hurricane Alicia; and
HHEHEAS,
the Board of Directors of the La Porte-Bayshore
Chamber of Commerce find that the reopening of Sylvan Beach
Pavilion is without question in the best interest of the citizens
of La Porte and the Bayshore Area;
NOH THEREFORE,
BE IT RESOLVED that the Board of Directors of La Porte-
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Bayshore Chamber of Commerce communicate to the La Porte City
Council it's unanimous desire to see the Pavilion at Sylvan Beach
reopened and returned to the use of the citizens of La Porte-
Bayshore area;
BE IT FURTHER RESOLVED by the Board of Directors of La
Porte-Bayshore Chamber of Commerce that a copy of this resolution
be forwarded to the La Porte City Council and be made available
to the citizens of La Porte and the Bayshore area.
PASSED AND APPROVED, THIS THE
1/1!I day of
SI!'P~n/!jEe ,
1985.
LA PORTE-BAY SHORE CHAMBER OF COMMERCE
BY: ~~
Albert D. Fields, President of
Board of Directors
ATTEST:
~~
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Alton Porter
First Vice President
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VI. OVERDRAFTS
A. The City does not intend to have a net overdraft position through-
out the course of the contract. An overdraft is defined as a
negative demand balance in the City accounts col1ectively, not
by individual account.
B. Should an overdraft occur in the aggregate, the following stipula-
tions shall apply:
1. The maximum number of days the net overdraft will be allowed
is
2. The maximum amount of the overdraft to be allowed will be
$
3. The interest rate will be
on an actual day basis.
per annum computed
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VII. OTHER STIPULATIONS
A. The successful bidder will notify the Ci ty in wri ting wi thin ten
(10) days of any changes in Federal or State regulations or laws
that would thereafter affect the depository agreement.
B. Notification of wire transfers shall be made within one hour of
the transaction and a duplicate copy furnished to the City within
twenty-four hours.
C. The bank agrees to honor and continue any investments made during
the term of the depository contract that will mature after the
expiration date of the depository agreement at the same rate of
interest as investments maturing before the expiration of the
contract.
D. The bank I s records re la t ing to the Ci ty of La Porte accounts
shall be open to review by either City staff or City appointed
independent auditors.
E. The proposing bank should submit a copy of its last annual financial
statements and the subsequent quarterly supplements.
F. The term of the contract period will be for two years, beginning
January 1, 1986, and ending December 31, 1987, or until a successor
depository has been selected.
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G. The Bank covenants and agrees that in the event of the terms,
covenants, or conditions of the Bid Document, this Contract
Document, or the Safekeeping Agreement, are in any way breached
or violated or for any reason the Bank has failed to perform
under the terms and conditions of said Documents and Agreements,
the City of La Porte reserves the right to terminate this Contract
or any Agreement entered into subsequent to or by reason of the
bid previously submitted by the Bank, and shall have the option
of withdrawing time deposits from the Bank, including principal
and accured interest, or in the alternative, to allow said funds
to remain on deposit until maturity. Failure by the City of La
Porte at any time or instance to exercise any of its rights under
the terms, covenants, or conditions of the bid documents, this
Contract document, or the Safekeeping Agreement shall not consi-
tutue or be construed to constitute a waiver of any of the City
of La Porte's rights as stated herein.
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VIII. BIDDING INSTRUCTIONS/REQ~~RE~~~!~
A. Sealed bids or proposals clearly marked "Depository Application"
should be delivered to the following person by 2:00 P.M.,
October 18, 1985:
Ms. Cherie Black,
Ci ty Secretary
CITY OF LA PORTE
City Hall
La Porte, Texas 77571
B. The proposing bank should use this RFP form to submit rates and
answer questions wherever possible. However, any point that the
bank cannot agree with should be clearly noted with attachments
which explain the disagreement. Please reference the section and
paragraph in these cases.
Also, please clearly restate the
question when supplying answers on any supplemental pages.
C. The City reserves the right to request additional information or
to meet with representatives from proposing organizations to
discuss points in the proposal before and after submission, any
and all of which will be used in forming a recommendation.
D. The City reserves the right to rej ect any and all of the bids.
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IX. OTHER MISCELLANEOUS
A. The City of La Porte shall require a review meeting at least
every six months to evaluate the working relationship between
the City and the depositor bank. The objective will be to address
any problems and to seek a responsible solution.
B. This Request for Proposal and the responding proposals will result
in a contract to be signed by both City officials and bank
officials.
C. This Request for Proposal is being sent only to financial insti-
tutions within the City limits of La Porte.
D. The Request for Proposal has been reviewed and approved by the
City Council and the City Attorney.
This proposal is submitted by the following person duly authorized
to act on behalf of the bank:
Officer's Name and Title
Nam e of Bank
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X. APPENDICES
A. Summary of Cash Balances.
B. Summary of Investments.
C. Safekeeping Contract.
D. City of La Porte Resolution No. 74-4.
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APPENDIX A
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CITY OF LA PORTE
SUMMARY OF AVERAGE MONTHLY DEMAND BALANCES
OCTOBER 1984 - JUNE 1985
ACCOUNT HIGH LOW AVERAGE
GENERAL FUND 001 1,089,946 120,506 500,509
PAYROLL FUND 5,050 1 ,460 4,520
ENTERPRISE FUND 002 & 013 390,112 144,944 272,051
W/W IMPROVEMENTS 003 68,945 4,389 30,174
GEN. INT. & SINKING 004 54,421 2,001 22,584
M.POOLlVEH.MAIN.009 & 024 313,917 10, 144 123,871
AIRPORT I & S 010 48,230 43,409 46, 108
WATER IMP.BOND FUND 012 40,320 40,320 40,320
MEDICAL G.L. 014 193,256 132,718 169,205
MEDICAL DRAFTS 014 12,151 (11,384) 4,488
S.S GRANT EPA I 017 2,141 2,141 2,141
W/w CV MUD 018 60,595 8,773 29,600
REVENUE SHARING 025 112,011 10,452 57,662
S.S IMP. EPA III 019 54,091 293 19,930
CAP. IMPROVEMENTS 015 345,276 4,788 166,333
MUNICIPAL COURT 7,567 4,033 4,857
TOTALS 2,798,029 518,987 1,494,353
AVERAGES 174,877 32,437 93,397
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APPENDIX B
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CITY OF LA PORTE
SUM~urnY OF INVESTMENTS
October 1984 to June 1985
TRANSACTIONS NUMBER HIGH LOW AVERAGE
Less than 59 days 19 900,000 70,000 412,105
60 - 89 days 37 900,000 100,000 365,270
90 - 119 days 32 900,000 146,000 361,594
120 - 149 days 9 500,000 100,000 294,444
150 - 179 days 1 545,000 545,000 545,000
180 - 209 days none
210 - 239 days none
240 - 269 days none
270 - 300 days none
301 - 365 days none
TOTAL 98 3,745,000 961,000 1,978,413
AVERAGE 749,000 192,200 395,683
Note: 1984 Escrow Account for Fund 18 is not considered in this summary.
r-DNTHLY BALANCES OF INVESTMENTS
HIGH........$ 11,353,000
LOW.........$ 6,705,000
AVERAGE.....$ 9,314,778
AVERAGE LENGTH....78 days
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APPENDIX C
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TO:
Trustee Bank
SAFEKEEPING AGREEMENT
The undersigned, being a duly qualified and acting officer of
the undersigned Bank, acting for and on behalf of said Bank, does
hereby deposit with the above named Trustee banking institution, the
bearer bonds set out on the Schedule of Bonds attached hereto.
You are instructed that the bonds deposited with you are deposited
pursuant to an agreement to deposit public funds with the undersigned
.Bank by the City of La Porte.
It is agreed and understood that you are to release these bonds
only upon written authorization of the undersigned Bank and the City
of La Porte by an appropriate release, in a form as attached hereto.
However, in the event the undersigned Bank shall fail and/or refuse
to pay, upon written demand and notice given at least twenty-four
(24) hours before the date any time deposits on deposit with the
undersigned Bank by the City of La Porte, are due, or demand made,
you are instructed and authoriz ed to deliver to the Finance Off icer
of the City of La Porte, all bonds and/or securities deposited here-
under without further authorization, release or direction by the
undersigned Bank, so long as you shall be furnished a certified copy
of an ordinance duly enacted by the City Council of the City of
La Porte, which ordinance shall provide:
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1. That written notice and demand for payment
had been made twenty-four (24) hours prior
to the date time deposits on deposit with
the undersigned Bank, were due or demand
was mad e.
2. That a release of bonds on deposit with
your Bank had been furnished to the under-
signed Bank in a form as attached hereto,
at least twenty-four (24) hours prior to
the enactment of such ordinance.
3. That the undersigned Bank has refused and/
or failed to pay to the City of La Porte
time deposits then due.
4. That a certified copy of said ordinance
has been delivered to the undersigned Bank,
at least one (1) hour prior to its present-
ment to the Trustee Bank for release of the
bonds or securities deposited hereunder.
In executing this Safekeeping Agreement, the undersigned Bank
does agree to be bound by the provisions herein, and does hereby
. release and forever discharge the above named Trustee Bank from any
liability for the release of the said bonds to the Finance Officer
of the City of La Porte, as herein specified.
SIGNED and EXECUTED this, the
day of
,
198
.
BANK
OFFICER
ATTEST:
SECRETARY
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ACCEPTED AND AGREED TO:
TRUSTEE BANK
OFFICER
ATTEST:
SECRETARY
DATE OF Ba-100 PAR INTEREST MATURITY MOODY'S MARKET
ISSUANCE ISSUED BY VAlliE RATE RATE RATING VALUE
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I certify the above and fore:joing Schedule of Bonds to be DE![X)sited in Safekeeping is true and correct ande
the bonds will be deposite:1 and endorse:1 when rEquirerl, subject to the conditions in the Safekeepin] Agreanent
attacherl hereto.
BANK
A'ITEST: OFFICER
SOCRETARY
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RELEASE OF THE CITY OF LA PORTE
The undersigned Finance Officer of the City of La Porte attests
that the monies on deposit with the
Bank, have been paid to the City of
La Porte and authorizes the
Bank to release bonds held on deposit pursuant
to a Safekeeping Agreement with
Bank.
This release shall only be operative and in effect if accompanied
by copies of cashier's checks dated not more than thirty (30) days
prior to the date of this reI ease, duly endorsed by the Finance Officer
.of the City of La Porte, and canceled, indicating the funds evidenced
thereby have been duly paid or there has been a substitution of
collateral and a list of the substituted securities is attached
hereto or excess collateral is released and a list of such excess
securities is attached hereto.
SIGNED this, the
day of
, 198
.
FINANCE OFFICER
CITY OF LA PORTE, TEXAS
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APPENDIX D
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RESOLUTION NO. 74-4
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LA PORTE,
CONCERNING SECURITY PLEDGES BY THE CITY DEPOSITORIES.
WHEREAS, Article 2560(d), V.A.T.S., requires depositories
of City funds to pledge securities in an amount equal to the
amount of said City funds on deposit in said Depository Bank
or.Banks; and
WHEREAS, it is the desire of the City Commission of the
City of La Porte to reduce to written policy, the long-
standing policy of the City of La Porte concerning procedures
and acceptable securities for said security pledges:
(,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF LA PORTE:
Section 1. The following types of security shall be
acceptable to the City of La Porte for the purpose of
pledges to secure demand and time deposits by the duly
authorized depositories of the City, to-wit:
(1) United States Bonds, Certificates of Indebtedness
of the United States, Treasury Notes of the
United States, and other evidences of indebtedness
of the United States which are guaranteed as to
both principal and interest by the United States
Government; provided, however, any such securi-
ties must have a maturity date not more than
ten (10) years from the date of their pledge.
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(2) Bonds of the State of Texas, or of any county,
city, town, independent school district, common
school district or other school district in the
State of Texas; provided, however, said bonds
must be rated "A" or better by Moody's Investors
Service; and provided, further, said bonds must
have a maturity date not more than ten (10) years
from the date of their pledge.
Section 2. All pledges of collateral by a Depository
Bank of the City, shall be pledged with some other bank,
which is not a Depository Bank of the City, which pledgee
bank shall issue a joint custody receipt to the City, under
the terms of which joint custody receipt said securities
may not be thereafter withdrawn by the Depository Bank with-
out the City's prior written consent.
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Resolution No. 74-4, Page 2.
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Section 3. The City shall be given five (5) days
notice by any Depository Bank, of any request for release
of pledged securities, or request to pledge additional
securities.
Section 4. The market value of the securities pledged
by a Depository Bank shall be an amount equal to 110% of
the amount of City'funds on deposit in said Depository Bank.
PASSED AND APPROVED, this the 28th day of August, 1974.
CITY OF LA PORTE
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By 1: a-. ~4t~4
E. A. Thomas, Mayor
ATTEST:
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~A-~~~ fl~a_J
City C1 rk
AP~W~
City Attorney
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LA PORTE INDEPENDENT SCHOOL DISTRICT
ROBERT H. WILLIAMS, JR.
Superintendent of Schools
301 E. Fairmont Parkway
La Porte, Texas 77571
(713) 471-0950
September 16, 1985
Honorable Mayor Norman Malone
Council Members
City of La Porte
Dear Mayor and Council:
I am writing on behalf of the La Porte Independent School
District concerning the rehabilitation of the Sylvan Beach
Pavilion.
Through the years many school organizations have held
functions at Sylvan Beach. With travel being as hazardous
as it is in this area, I feel that many school functions
would be held at Sylvan Beach, if it were useable.
The rehabilitation of Sylvan Beach would I feel create a
much safer alternative for functions that are now held
out of town.
Sincerely,
I~W~~
Robert H. Williams, Jr. . ~ -
Superintendent of Schools
/jc
BOARD OF TRUSTEES
President
DR. RUEDE WHEELER
Vice President
JERROLD GRAHAM
Secretary
D.O. LAIRD
Trustees
KYLAN LEWIS
CHARLIE PERRY
JOHN PAUL ZEMANEK
PAT STUDDERT
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CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
TO:
Jack
City
s
f Community Development
er
FROM:
John
Direc 0
DATE: Septemb ~ 16, 1985
SUBJECT: Recommended Language Changes to
Proposed "Flood Damage Prevention Ordinance"
In the interest of clarity, the following changes to the "Flood
Damage Prevention Ordinance" scheduled for consideration at the
September 16, 1985 Council Meeting are recommended.
(1) Article 5., Section B, provision 1: (Page A22)
REPLACE;
........lowest floor, elevated to or above a distance of two
feet above the base flood elevation.
WITH;
.......lowest floor, elevated a minimum distance of two feet
above the base flood elevation.
(2) Article 5., Section B, provision 2: (Page A22)
REPLACE;
.......lowest floor including basement, elevated to the level
of a distance of two feet above the base flood elevation
or,.. !
WITH;
.......lowest floor, including, basement, elevated a minimum
distance of two feet above the base flood elevation or,.....
(3) Article 5, Section D, provision 2ii: (Page A24)
REPLACE;
.......so that below a distance of two feet above the base
flood level....
WITH;
.......so that below the base flood level....
(4) Article 5, Section F, provision 2: (Page A25)
REPLACE;
.......located no lowe~ than a distance of two feet above the
b~se flood elevation, with all....
WITH;
.......located no lower than the base flood elevation, with
all....
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MEMO TO:
City Manager
FROM: John 0 ,Director
Commu' 'Development
SUBJECT: Propose Flood Hazard Prevention Ordinance
November 1, 1985 the city enters the regular phase of the National
Flood Insurance Program (NFIP).
By October
Prevention
NFIP. (44
attached.)
1, 1985 FEMA requires that the city adopt a Flood Hazard
Ordinance which complies with Federal Regulations for
FR Parts 59 & 60) (See FEMA letter August 1, 1985
The ordinance being read September 16, 1985 is nearly identical in
content to the model ordinance furnished the city by FEMA and
complies with those regulations.
The proposed ordinance departs in form to make it consistent with
other ordinances. The only substantive change is inside "A" zones
where our ordinance requires that the lowest inhabited floor of
buildings be elevated two (2) feet above the base flood elevation
(BFE) instead of at BFE. FEMA suggested this change in their
letter of May 3, 1983. Staff concurs with this recommendation for
the following reasons which were presented to council at an earlier
workshop:
1. The new flood hazard area maps, which are to be
adopted with the ordinance, reflect existing
conditions in 1980. There has been considerable
growth in the community the past five (5) years.
The new construction undoubtedly has changed the
characteristics of our watersheds.
2. To assist in countering the effects of the allowable
1 foot rise in water surface elevation due to
permitted encroachments.
3. To counter continuing subsidence in the area.
Staff will further brief you on the ordinance September 16. As
further background material, we've prepared the attached list of
common questions and answers about the NFIP. Note carefully the
impact of the city suspension from the program.
Enclosures:
1. Background questions and answers
2. FEMA letter
3. Draft Ordinance
cc: John Armstrong
Bob Speak
David Davlissen
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1. Q.
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Background and Introduction to National Flood Insurance Program
What is the National Flood Insurance Program? (1)
It is a Federal program enabling property owners to buy flood
insurance at a reasonable cost. In return, communities carry
out local flood plain management measures to protect lives and
new construction from future flooding.
2. Q. How was the Program created and who administers it? (2)
A. Congress established the Program with the National Flood Insurance
Act of 1968. Broadened and modified since then, the Program is
administered by the Federal Insurance Administration within the
Federal Emer~ency Management Agency (FEMA).
Why is the Program important for property owners? For taxpayers? (4)
3. Q.
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4. Q.
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A.
For a reasonable cost, people owning or buying property in the flood
plains can now insure against flood losses. With more careful local
management of the flood plains, new construction, if permitted by
local governments, will better withstand flooding. As a result, tax-
payers will be called upon fewer times to provide costly relief for
flood disasters. It is estimated that by the year 2000 the flood
insurance program will save American taxpayer and flood victims
$1.7 billion a year.
How is the program structured? (5)
A. A community qualifies for the Program in two separate phases - the
Emergency and Regular "Programs".
During the initial, Emergency phase, limited amounts of flood insurance
become available to local property owners. A community's efforts to
reduce flood losses are general, in many cases guided only by preliminary
flood data. The map FEt1A provides the community at this stage is called
a Flood Hazard Boundary Map and it outlines the flood-prone areas within
the community. Subsidized rates are charged for all structures regardless
of their flood risk.
Under the Regular Program, the full limits of flood insurance coverage
become available locally. The premiums charged for new construction vary
according to its exposure to flood damage. A structure's exposure is
based upon the elevation at its lowest floor above or below the IIBase
Flood Elevationll. The community's flood plain management efforts become
more comprehensive: new buildings are elevated for flood-proofed above
certa in flood 1 eve 1 s. These 1 eve 1 s are deri ved from FEt.1A' s detail ed on-
site engineering survey in the community. The community is issued a
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detailed map called a Flood Insurance Rate Map which shows flood
elevations and risk zones used for insurance purposes.
5. Q. How does a community qualify for the National Flood Insurance Program? (6)
A. A community may apply for the Emergency Program by adopting preliminary
flood plain management measures. After FEMA completes a detailed on-site
survey to determine flood levels, the community can qualify for the
Regular Program by adopting and administering more comprehensive flood
plain construction measures.
6. Q. When should a community already enrolled in the Emergency Program upgrade
its local building standards to qualify for the Regular Program? (30)
A. No later than the effective date of the Flood Insurance Rate Map - usually
six months from the date FEMA gives a community final notice of base flood
elevations. 'These flood elevations, as explained in No.4, are derived
from FEMA's on-site field survey for an area, published twice as proposed
findings in a local newspaper, and shown on the Flood Insurance Rate Map.
The community ;s kept informed of the study and its results through
meetings with FEMA representatives, newspaper notices, and letters to
local officials. (Before any of the Program's prohibitions become final,
however, the community has an opportunity to appeal FEMA's determinations.)
7. Q. What happens if a community does not upgrade its flood plain management
measures to qualify for the Regular Program by the recommended date? (31)
A. The community will be suspended from the Program. This means that flood
insurance can no longer be purchased in the community. Also, the lending
restrictions (listed below), including the denial of disaster relief in
most circumstances, would apply for as long as the community remained out
of the Program.
Lending Restrictions
Federal agencies may not approve grant money, mortgage backing (FHA
mortgage insurance, VA mortgage guarantees, etc.), direct loans, disaster
relief in most circumstances, or any other taxpayer funds to support the
purchase, construction, or improvement of property located in the community's
identified flood-prone areas. This ban, which applies only in the commu-
nity's flood-hazard areas, would remain in effect for as long as the commu-
nity chooses not to participate in the Program. The law prohibits Federal
benefits for buildings in flood-prone areas of communities that will not
require reasonable construction practices to address known flood risks.
To do otherwise would be a poor investment of taxpayers' money since floods
inevitably will occur.
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t: 8. Q. When is flood insurance required by law? (33)
A. In order to get financing to buy, build, or improve property,located in
the FEMA-identified flood-prone areas ("A" zone or "V" zone areas) of a
community where flood insurance is available, flood insurance must be
purchased. The law applies to any mortgage loan, grant, or other funding
that in any way is federally connected - either direct financing from a
Federal agency (FHA, VA loans, EPA grants, etc.) or a conventional mort-
gage from a bank or savings and loan that is regulated or insured by the
Federal government. In short, flood insurance is required if: (1) the
community is in the flood insurance program, (2) a FEMA flood map is in
effect for the community in question, (3) the improved real property
which is a security for the loan, or the subject of a federally insured
or guaranteed loan is located in a FEMA designated flood-prone area, and
(4) the financing is through the Federal government or a federally-
connected lender.
9. Q. Who decides whether individual properties require flood insurance? (34)
c
A. When the loan, grant, etc. is directly from a Federal agency, the agency
itself must make the decision. In the case of provate institutions
covered by the Act, the lender must decide. In certain cases, where a
lending institution is making an FHA or VA loan, the duty should be shared
by both the lending institution and Federal agency.
10. Q. Is flood insurance required when only a portion of a lot is in a FEMA-
identified hazard area? (35)
A. If no part of the building is in a "special flood hazard area" and only
the land or a portion of it is in such an area, then flood insurance is
not required. If any part of the building is in a flood hazard area,
then flood insurance is required.
11. Q. Is flood insurance required outside of "A" or "V" zone areas? (36)
A. Not by law. However, lenders, to protect their investments, may require
the insurance outside of the required areas.
12. Q. Must a lender notify a borrower that a property is in a "special flood
hazard area" and, if so, when? (38)
A. Yes. Not less than 10 days prior to the closing of the transaction, the
lender must either (1) give written notice to the borrower or (2) obtain
written assurance from the seller or landlord that the borrower has been
notified of such hazards.
The lender must also notify prospective buyers whether, in the event of
a flood disaster, Federal disaster relief would be available to the
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property. This requirement is of the utmost importance for home buyers
who need to know whether they could be denied disaster relief on the
property for a future flood. They would not be eligible for this relief
if the property securing the loan is in the flood hazard area of a
community that is not participating in the flood insurance program by
the specified time.
13. Q. What must a community do to assure continued availability of flood
insurance locally? (46)
14.
A. The community must adopt and enforce flood plain management measures
aimed at reducing future flood losses. These measures must comply at
a minimum with the standards of the Program.
Q. What is meant by "flood plain management"? (47)
A. "Flood plain,management" means the operation of an overall community
program of corrective and preventive measures for reducing flood damage,
including (but not limited to) emergency preparedness plans and other
measures aimed at the present and future use of the flood plain. Flood
plain management includes specific local codes and ordinances which provide
standards for the location and design of new development ~/ithin flood-prone
areas. These measures may be adopted in any manner that is legally
enforceable for a particular community. Typically, they take the form of
zoning, subdivision or building requirements, or a special purpose flood
plain ordinance.
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~ The Regular Program
III. The Flood Insurance Study, Flood Insurance Rate Map, and Flood Hazard
Boundary Map have been delivered to the City of La Porte for community
review. TRla reviel:! and appeal I3crieel '.:ill DC!:jif! if! tAl:: flcar fl::ltl:Jre
(fallm..ifl~ publicatioR af fif!aif!~s il'l lecal ne~3papel) til.d extend fel~
90 clays tAercafter. (<OM9\.-e-l'eD M/'..<t<:" 1.<'/ \~"8'5)
1) Mapping: The proposed Flood Insurance Rate Map identifies the
following zones:
a) Zone A1-A30: Areas of 100 year flood; base flood elevations and
flood hazard factors determined
c
b) Zone B: 'Areas between limits of the 100 year flood and 500 year
flood; or certain areas subject to 100 year flooding with
average depths less than one (1) foot or where the contri-
buting drainage area is less than one square mile; or
areas protected by levees from the base flood. (Medium
shading)
c) Zone C: Areas of minimal flooding. (No shading)
d) Zone V1-V30: Areas of 100 year coastal flood with velocity (wave
action); base flood elevations and flood hazard
factors determined.
2) Program Requirements: To enter the Regular Program, the community
must require that all new construction and substantial improvements
to existing structures in FEMA-identified flood-prone areas be elevated
or floodproofed to the level of the base flood. Additional standards
are~required within any designated floodway or coastal high hazard area.
3) Insurance:. Once in the Regular Program Phase, a Flood Insurance risk
study has determined true flood risk zones in the community. Actuarial,
"true risk" insurance rates will be based on the zone in which the
structure is located and the relationship of the structure to the base
flood elevation. Note: Structures existing at the time the risk zones
are identified will continue to be eligible for subsidized insurance
rates up to the limits of first layer coverage.
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Appeals
1. Q. Can a community challenge being identified by FEMA as flood-prone? (39)
A. Yes. If, after receiving a Flood Hazard Boundary Map, the community
believes that it is not flood-prone or has corrected the hazard, it
has six months from the date of the map to challenge FEMA's designations.
FEMA has accepted appeals at any time in order to produce the most accurate
maps possible.
2. Q. Can a community challenge FEMA's Flood Hazard Boundary Map? (40)
A. Yes. A community may agree with FEMA's determination that there are
local flood problems, but dispute the extent of the hazard areas as
shown on FEMA's.map. In this case, the community may at any time submit
data for review. FEMA will review the data and, if warranted, amend the
community's map.
3. Q. Can a community challenge the flood levels FEMA derives from its on-site
survey? (41)
A. Yes. By law, the community and all property owners may appeal the flood
levels FEMA proposes.
4. Q. How long is this appeal period open? (42)
A. FEMA publishes notices of the elevations (as proposed findings) twice in
a local newspaper. For 90 days following the second publication, the
community and individuals can formally appeal the elevations before they
become final. After appeals are resolved, elevations become final and
are published on the community's Flood Insurance Rate Map. This map
becomes effective usually six months after the community is notified
that the appeals have been resolved. Informal appeals are reviewed by
FEMA at any time in order to publish the most accurate maps possible.
5. Q. Is there an opportunity for community input to the detailed study? (43)
A. Yes. Before the study is initiated, a FEMA representative considers all
existing information for use in the study. At the discretion of local
officials, public meetings may be conducted at which interested parties
may present relevant facts to help assure accurate study results. FEMA
also holds meetings with each community's officials to discuss technical
procedures prior to the map's publication and appeal procedure.
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6. Q. Can FEMA's flood maps be changed even after they have been published? (44)
A. Yes. FEMA will review technical data at any time and revise its Flood
Hazard Boundary Maps or Flood Insurance Rate Maps whenever changes are
warranted.
7. Q. Can a property owner being included in appeal being included in a
designated flood prone area (i.e. an "A" or "V" zone area where flood
insurance is required)? (45)
A. Yes. Some property may be physically located in the flood plain or on
or near a flood plain boundary but, because of the lot's elevation, it
may be protected from the base flood. In either case, the property owner
may submit evidence to FEMA for review. If the data show that the
property is safe from the base flood, FEMA will send a letter.to the
individual stating that the structure is not exposed to risk from the base
flood and that, flood insurance is no longer required.
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Fede:al Emergency Manage~ent Agency
Region VI
Federal Center
Denton, Texas 76201
May 3, 1983
Honorable Virginia Cline
Mayor, City of La Porte
P. O. Box 1115
La Porte, Texas 77571
Dear Mayor Cline:
I want to thank you for the cooperation and courtesy shown to
Mr. Carl McChesney on his recent visit to review the City's flood-
plain management program. Please express my thanks also to Mr. John
Joerns, graduate Engineer and Mr. David Paulissen, Building Official.
They were knowledgeable and interested in achieving good floodplain
management.
Although we found your program to be adequate, two serious deficiencies
were found which warrant your attention.
1. The revised Flood Insurance Stuc:!.Y__PJ:,~UJ'!!.i.Dar.Y..J!@.p~2-<;ontaininCJ wa_y~
h~iCJht-aata, were presented t9~e City__~~ewb.er 11. 1~8Z~
Although the City has challenged the accuracy of the maps in some
flood prone areas and requested several changes in the maps, includ-
ing additional map panels, the ma~~~q_~Qotain the latest and best
fJoodpl a in i nformat iOJLlli i 1 alll~ and sho_l!l..<U>JLilLcJ.u:Y'ent us.Lt..Q-sy.Lde
deve 1 opments. especi ally thQ.S-.-e~LlQ,cat(\d wit.b..iILdesi.g~'LelQj;jJY_
Zones. Since your current ordinance does not contain development stand-
ards for Velocity Zone construction, we strongly recommend the immediate
adoption of appropriate amendments. We are enclosing a copy of our
recommended model ordinance for your consideration and use.
2. A field review of the city's flood hazard areas resulted in locating
construction of solid, non-breakaway walls within a Velocity Zone.
A small portion of the Woods-on-the-Bay development and a single
family residence located at the east end of Bay Harbor Street are
located in velocity zones. Adoption of the above referenced Velocity
Zone standards can prevent this type of high risk construction in the
future.
We were pleased to hear that the city has established an excellent ground
control survey system which can be readily used,for floodplain management
purposes and which can be updated in the future to correct elevations to
compensate for anticipated subsidence within the community. We also dis-
cussed the possibility of the city adopting an overall storm-water manage-
ment program incorporating development standards and criteria more compre-
hensive than FE~~'s standards.
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Since the City is expecting substantial urbanization and continued
subsidence in the future, we recommend you seriously consider reQuirin9
construction of lowest floors to two feet above the desiqnated base J
flood elevation. This requirement would enhance the benefits your citizens
will receive from a storm-water management program by significantly reduc-
ing the risk of flooding and the cost of flood insurance.
Please advise us in writing of the measures taken to correct the deficiencies
listed in items one and two in this letter. Action is required so that
La Porte's eligibility in the National Flood Insurance Program may continue
and flood insurance and future Federal disaster assistance for the city and
its citizens will remain available. If we may assist you in these program
matters, or others,please call Carl McChesney or Maryetta Cunningham at
(817) 387-5811, extension 231.
Sincerely.
R. Dell Greer, Chief
Natural & TechnOlogical
Hazards Division
cc: Jack Owen, City Manager
~John Joerns, w/ordinance
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Federal Emergency Management Agency
Washington, D.C. 20472
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Honorable virginia Cline
Mayor of the City of La Porte
Harris County
P.O. Box 1115
La Porte, Texas 77571
Pm
I 1985
Dear Mayor Cline:
This is to remind you that:
a Flood Insurance Rate Study establishing base flood elevations has been
completed for your community;
the Flood Insurance Rate Map will become effective on November 1, 1985;
and
by that date, your community must have its legally enforceable flood plain
management measures, as required by Section 44 CFR 60.3(d&e} of the
National Flood Insurance program (NFIP) regulations, approved by our
Regional Office staff.
If you should encounter difficulties in enacting the measures, we urge you to
call the Chief, Natural and Technological Hazards Division of the Federal
Emergency Management Agency in Denton, Texas, at (817) 387-5811. We realize
that your community may have already contacted our Regional Office and may now
be in the final adoption process, or you may have recently adopted the required
measures. Whatever the current status is relative to your community, please
consider this a reminder that you have three months left in which to adopt the
required flood plain management measures, and have them approved by our
Regional Office staff. The address of the Regional Office is Federal Regional
Center, 800 North Loop 288, Denton, Texas 76201.
Your measures wi11 be reviewed upon receipt, and our Regional Office will
notify you of approval or of deficiencies that might exist.
Please consider this your formal notice. As a matter of policy, I must inform
you that failure to have your flood plain management measures approved by our
Regional staff by the established deadline will result in your community's
suspension from the NFIP.
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Sincerely,
~v~~,i / )2r-.
Frank H. Thomas
Assistant Administrator
Office of Loss Reduction
Federal Insurance Administration
ARTICLE 1
Section A
Section B
Section C
Section D
ARTICLE 2
ARTICLE 3
Section A
Section B
Section C
Section D
Section E
Section F
Section G
ARTICLE 4
Section A
Section B
Section C
Section D
ARTICLES 5
Section A
Section B
l.
2.
3.
Section C.
Section D.
Section E.
Section F.
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MASTER
FlOOD HAZARD PREVENTIOO ORDINANCE
aJTLINE
STATUTORY AU'lliORIZATION, FINDING OF FACT, PURPOSE
.AND OBJ'ECTlVE.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Statutory Authorization......................................
Finding Of Fact..............................................
Staterrent Of Pllt1;X)se.........................................
Methods Of Reducing Flood Losses.............................
~finitions.. . . .. . . .. . .. . . . . . .. .. . . . . . . .. .... . . . . . . . . . . .. ....
GENERA.L ProVISIONS...........................................
Lands TO Which This Ordinance Applies........................
Basis For Establishing The Areas Of Special Flood Hazard.....
Establishment Of Development Permit..........................
Canpliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Abrogation And Greater Restrictions..........................
Interpretation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . · .
warning And Disclabner of Liability..........................
~INIST:.AA.TION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . · . . .
Designation Of Flood Plain Administrator.....................
Duties And Responsibilities of the Flood Plain Administrator.
:Eenni t Pr~dures............................................
Variances Pr~dures.........................................
PROVISIONS FOR FLOOD HAZARD REDUCTION........................
General Standards............................................
S}?ecific Strandards..........................................
Residential Construction.....................................
Non-Residential Construction.................................
Mobile Haoos.................................................
Standards For SUbdivision Proposals..........................
Standards For Areas of Shallow Flooding (A}/AH Zones.........
Fl(X)dways. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Coastal High Hazard Areas....................................
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ORDINANCE NO.
1'I~2,
AN ORDINANCE REPEALING CHAPTER 10 1/2 OF THE CODE OF ORDINANCES OF THE CITY OF
LA FORI'E, TEXAS, ENTITLED " FLOOD HAZARD AREA REGULATIOOS", AND REPLACING SAID
CHAPTER 10 1/2 BY ENACTING A NEW ORDINANCE, ENTITLED "FLOOD DAMAGE PREVENTIOO
ORDINANCE"; MAKING FINDINGS OF FACT AND RECITING STATUTORY AU'IHORIZATIOO FOR
SAID NEW CHAPTER 10 1/2, AND MAKING A STATEMENT OF THE PURPOSES OF SAME; PRO-
VIDING CERI'AIN DEFINITIOOS; ESTABLISHING THE LAND WITHIN TIlE CITY OF LA FORm
'IO WHICH THIS ORDINANCE APPLIES, AND THE BASIS FOR WHICH SAID IANOO WERE DETER-
MINED; ProVIDING FOR A FLOOD PLAIN BUILDING PERMIT; ProVIDING THAT NO STRUCIURE
OR LAND SHALL BE LOCATED, ALTERED, OR HAVE ITS USE CHANGED WITHOUT FULL COM-
PLIANCE WITH TIlIS ORDINANCE; PROVIDING FOR TIlE DESIGNATION OF A FLOOD PIAIN
ArMINISTRA'IOR FOR THE CITY OF LA FORm, 'IO ArMINISTER THIS ORDINANCE AND PERMIT
PROCEOORES; PROVIDING FOR A VARIANCE PROCEDURE, 'IO BE ArMINISTERED BY TIlE PlANNING
AND ZONING CQMMISSIOO OF THE CITY OF LA FORm; PROVIDING GENERAL AND SPECIFIC
STANDARDS FOR FLOOD PIAIN HAZARD REDUCTION, AND STANDARDS FOR AREAS OF SHALI.<M
FLCX)DING; ProVIDING STANDARIE FOR DEVEIDPMENT PROPOSALS WITHIN TIlE CITY OF LA
PORI'E; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENAL CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF;
WHEREAS, the legislature of the State of Texas has in Article 8280-13,
V. T. C. S., as arrenred, delegated the responsibility to local governmental
uni ts to adopt regulations resigned to minimize flood losses; and
WHEREAS, flood hazard areas of the City of La Porte are subject to periodic
inundation which results in loss of life and property, health and safety hazards,
disruption of camerce and goverrurental services, and extraordinary public expendi-
tures for flood protection and relief, all of which adversely affect the public
health, safety and general ~lfare; and
WHEREAS, these flood losses are created by the cumulati ve effect of ob-
structions in flood plains which cause an increase in flood heights and velocities,
and by the occupancy of flood hazards areas by uses vulnerable to floods and hazar-
dous to other lands because they are inadequalety elevated, floodproofed, or other-
wise protected fran flood damage; and
WHEREAS, the City Council of the City of La Porte reems it necessary in
order to pranote the public health, safety and general welfare and to minimize
public and private losses due to flood conditions in specific areas by provision
resigned to:
To protect human life and health;
To minimize expenditure of public money for costly flood control
projects;
To minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public;
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To minimize prolonged business interruptions;
To minimize damage to public facilities and utilities such as water and gas
mains, electric, telephone and seVJer lines, streets and bridges located in
flood plains;
To help maintain a stable tax base by providing for the sound use and de-
veloprent of flood-prone areas in such a manner as to minimize future flood
blight areas; and
To insure that potential buyers are notified that property is in a flood
area; and
WHEREAS, in order to accomplish its purposes, the City Council of the City of
La Porte deems an Ordinance necessary which uses the following rrethods:
Restrict or prohibit uses that are dangerous to health, safety or property
in tirres of flood, or cause excessive increase in flood heights or
velocities;
Require that uses vulnerable to floods, including facilities which
serve as such uses, be protected against flood damage at the tirre of
initial construction;
Control the alteration of natural flood plains, steam channels, and
natural protective barriers, which are involved in the accarmodation of
flood waters;
Control filling, grading, dredging and other developrent which may in-
crease flood damage;
Prevent or regulate the construction of flood barries which will un-
naturally divert flood waters of which may increase flood hazards to
other lands.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. ARTICLE ONE. STATUTORY AUTHORI ZATION, FINDIt\GS OF FACT, PURPOSE
AND METHOD
SECTION A. STATUTORY AUTHORIZATION
Tha legislature of the State of Texas has in
delegated the
responsibility to local goverrnnental units to adopt regulations designed to minimize
flood losses. Tharefore, the City of La Porte, Harris County, Texas, does ordain as
follows:
SECTION B. FINDINGS OF FACT
{l} '!be flood hazard areas of La Porte are subject to periodic inundation which
results in loss of life and property, health and safety hazards, disruption of can-
merce and goverrnrental services, and extraordinary public expenditures for flood
protection and relief, all of which adversely affect the public health, safety and
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general ~lfare.
(2) These flood 10sses are created by the cumulative effect of obstructions in
flood plains which cause an increase in flood heights and velocities, and by the
occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other
lands because they are inadequately elevated, floodproofed or otherwise protected
fran flood damage.
SECTION C. STATEMENT OF PURPOSE
It is the purpose of this Ordinance to pranote the public health, safety and
general ~lfare and to minimize public and private losses due to flood conditions in
specific area by provisions designed:
(1) To protect human life and health:
(2) To minimize expenditure of public money for costly flood control
projects:
(3) To minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public:
(4) To minimize prolonged business interruptions:
(5) To minimize damage to public facilities and utilities such as water and gas
mains, electric, telephone and se~r lines, streets and bridges located in
flood plains:
(6) To help maintain a stable tax base by providing for the sound use and de-
veloprent of flood-prone areas in such a manner as to minimize future flood
blight areas: and
(7) To insure that potential buyers are notified that property is in a flood
area: and
SECTION D. METHOOO OF REOOCING FLOOD LOSSES
In order to accomplish its purpose, this Ordinance uses the following methods:
(1) lestrict or prohibit uses that are dangerous to health, safety or pro-
perty in tirres of flood, or cause excessive increase in flood heights
or velocities:
(2) lequire that uses vulnerable to floods, including facilities which
serve as such uses, be protected against flood damage at the time of
initial construction:
(3) Control the alteration of natural flood plains, steam channels, and
natural protective barriers, which are involved in the acccmnodation of
flood waters:
(4) Control filling, grading, dredging and other deve10prent which may in-
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crease flood damage~
(5) Prevent or regulate the construction of flood barriers which will un-
naturally divert flood waters or which may increase flood hazards to
other lands.
ARTICLE 2. DEFINITIONS
Unless specifically defined below, words or phrases used in this Ordinance
shall be interpreted to give them the meaning they have in carmon usage and to
give this Ordinance its most reasonable application.
Appeal---rreans a request for a review of the Flood Plain Administrator's interpretation
ot any provision of this Ordinance or a request for a variance.
Area of Shallow Flooding-means a designated AD, AH, or VO Zore on a carmunity's
F load Insurance Rate Map (FIRM) with a one percent chance or greater annual chance
of flooding to an average depth of one to three feet where a clearly defined channel
dces not exist, where the path of flooding is unpredictable and where velocity
flow may be evident. Such flooding is characterized by ponding or sheet flow.
Area of Special Flood Hazard- is the land in the flood plain within a canmunity
SUbJect to a one percent or greater chance of flooding in any given year. The area
may be designated as Zone A on the FHBM. After detailed ratemaking has been canpleted
in preparation for publication of the FIRM, Zone A usually is refined into Zones
A, AD, AH, Al-99, VO, or Vl-30.
Base Flood---rreans the flood having a one percent chance of being equalled or exceed
1n any gl ven year.
Breakaway Walls- means any type of walls, whether solid or latttice, and whether
constructed ot concrete, masonry, wood, metal, plastic, or any other suitable
building material which are not part of the structural support of the building and
which are so desigred to breakaway under abnormal riverine, velocities, or high
tides and wave action, if applicable, without damage to the structural integrity
of the building on which they are used or any buildings to which they might be
carried by flood waters.
Coastal High Hazard Areas-means the area subject to high velocity waters, including
but not llffi1ted to hurncane wave wash or tsunamis. The area is designated on a
FIRM as Zone Vl-30.
D:lveloprent---rreans any man-made change to improved or unimproved real estate, in-
cludmg but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavation, clearing or drilling operations.
Existing Mobile Hare Park Or Mobile Hare Subdivision-means a parcel of land (or
cont1guous parcelS) ot land d1V1ded 1nto two or more mobile hare lots for rent or
sale for which the construction of facilities for servicing the lot on which the
mobile hare is to be affixed (including, at a minimum, the installation of utilities,
either final site grading or the pouring of concrete pads, and the construction of
streets) is completed before the effective date of adoption of flood plain management
regulations.
Expansion To An Existing Mobile Hare Park or Mobile Hare subdivision---rreans the pre-
parat10n ot add1t1onal sltes by tOO construct1on ot tac1l1t1es tor servicing the
lots on which the mobile hares are to be affixed (including the installation of
utilities, either final site grading or pouring of concrete pads, or the construction
of streets).
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Flood Boundary-Floodway Map (FBFM)-~ans an offical map of a community on which
Federal Energency Managerrent Agency has delineated the areas of special flood hazard
applicable to the community.
Flood or Flooding-rreans a general and temporary condition of partial or canplete
mundatlon ot normally dry land areas fran:
( 1) '!he overflow of inland or tidal waters.
(2) '!he unusual and rapid accumulation of runoff
or surface waters fran any source.
Fl00d Insurance Rate Map (FIRM)-rreans an official map of a community, on. which
tne l''ederal Energency Managerrent Agency has delineated both the areas of special
flood hazards and the risk premium zones applicable to the community.
Flood Insurance Study-is the official report provided by the Federal Emergency
Managerrent Agency. The report contains flood profiles, the water surface elevation
of the base flood, as ~ll as the Flood Insurance Rate Map and the Flood Hazard
Boundary-Floodway Map.
Floodway (Regulatory Floodway)-rreans the channel of a river or other watercourse
and the adjacent land areas that must be reserved in order to discharge the base
flood without cumulatively increasing the water surface elevation more than a de-
signated might.
Habi table Floor-rreans any floor usable for living purposes, which includes working,
sleepmg, eatlng, cooking or recreation, or a canbination thereof. A floor used
for storage purposes only is not a "habitable floor".
Highest Adjacent Grade-rreans the highest natural elevation of the ground surface
prlor to constructlon next to the proposed walls of a structure.
~an Sea Ievel-rreans tm average height of tm sea for all stages of the tide.
Mobile Hare-rreans a structure, transportable in one or more sections, which is
bullt on a permanent chassis and designed to be used with or without a permanent
foundation when connected to the required utilities. It does not include recreational
vehicles or travel trailers.
New Mobile Hare Park Or Mobile Hare Subdivision- rreans a parcel of land (or con-
tlgUOUS parcels) ot land dlV1C1ed lnto two or more mobile hare lots for rent or
sale for which the construction of facilities for servicing the lot on which the
mobile hare is to be affixed (including, at a minimum, the installation of utilities,
eitmr final site grading or the pouring of concrete pads, and the construction
of streets) is canpleted before the effective date of this ordinance.
sand Dunes- rreans naturally occuring accumulations of sand ridges or mounds land-
ward ot a beach.
Start of Construction-rreans the first placerrent of permanent construction of a
structure (other than a mobile hare) on a site, such as the pouring of slabs or
footings or any work beyond the stage of excavation. Rermanent construction does
not include land preparation, such as clearing, grading, and filling: nor does it
include the installation of streets and/ or walkways: nor does it include excavation
for a baserrent, footings, piers or foundation or the erection of temporary forms:
nor does it include tm installation on the property of accessory buildings,
such as gargages or sheds not occupied as dvJelling units or not as part of the
main structure. For a structure (other than a mobile hane) without a baserrent or
poured footings, the "start of construction" includes the first permanent framing
or assembly of the structure or any part thereof on its piling or foundation. For
mobile hares not within a mobile hare park or mobile hare subdivision, "start of
construction" rreans the affixing of the mobile hare to its permanent site. For
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mobile hates within mobile hate parks or mobile hate subdivisions, "start of con-
struction " is the date on which the construction of facilities for servicing the
site on which the mobile hate is to be affixed (including, at a minimum, the con-
struction of streets, either final site grading or the pouring of concrete pads,
and the installation of utilities) is completed.
Structure-rreans a walled and roofed building, including a gas or liquid storage tank,
that is principally above ground, as well as a mobile hate.
Substantial Improvement-rreans any repair, reconstruction, or improvement of a
structure, tffi cost ot which equals or exceeds 50 percent of the market value of
the structure either, (1) before the improvement or repair is started, or (2) if
the structure has been damaged and is being restored, before the damage occurred.
For the purposes of this definition "substantial improverrent" is considered to
occur when the first alteration of any wall, ceiling, floor, or other structural
part of the building carmmces, whether or not that alteration affects the the
external dirrensions of the structure. '!he term does not, however, include either
(1) any project for improverrent of a structure to comply with existing State or
local health, sanitary, or safety c~ specifications which are soley necessary
to assure safe living conditions, or (2) any alterations of a structure listed on
the National Register of Historic Places or a State Inventory of Historic Places.
Variance-is a grant of relief to a person fran the requirements of this Ordinance
when specific enforcerrent would result in unnecessary hardship. A variance ,
therefore, permits construction or developnent in a manner otherwise prohibited by
this Ordinance.
ARTICLE 3. GENERAL PROVISIONS
SECTION A. IANa; TO WHICH THIS ORDINANCE APPLIES
This Ordinance shall apply to all areas of special flood hazard within the juris-
diction of the Ci ty of La Porte.
SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazards identified by the Federal EIrergency Managerrent
Agency in a scientific and engineering report entitled "The Flood Insurance
Study for the City of La Porte, Texas," dated November, 1984, with accanpanying
Flood Insurance Rate Maps and Flood Boundary-Floodway Maps and any revisions
thereto are hereby adopted by reference and declared to be a part of this Ordinance.
SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT
A D3velotynent Fermit shall be required to ensure conformance with the provisions
of this Ordinance.
SECTION D. CCMPLIANCE
No structure or land shal1 hereafter be located, altered, or have its use changed
wi thout full compliance with the terms of this Ordinance and other applicable
regulations.
SECTION E. ABRCX3ATION AND GREATER RESTRICTIONS
'!his Ordinance is not intended to repeal, abrogate, or impair any existing ease-
ments, covenants, or deed restrictions. However, where this Ordinance and another
conflict or overlap, whichever imposes the more stringent restrictions shall pre-
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vail.
SECTION F. INTERPRETATION
In the interpretation and application of this Ordinance, all provisions shall be:
(a) considered as minimum requirerrents~
(b) liberally construed in favor of the governing body~ and
(c) deerred neither to limit nor repeal any other po\\\3rs granted under
State statutes.
SECTION G. WARNING AND DISCIAIMER OF LIABILITY
The degree of flood protection required by this Ordinance is considered reason-
able for regulatory purposes and is based on scientific and engineering considera-
tions. 01 rare occasions greater floods can and will occur and flood heights may
be increased by man-made or natural causes. This Ordinance dces not imply that
land outside the areas of special flood hazards or uses permitted within such
areas will be free fran flooding or flood damages. This Ordinance shall not create
liability on the part of the City of La Porte or any officer or employee thereof
for any flood damages that result fran reliance on this Ordinance or any adminis-
trative decision lawfully made thereunder.
ARTICLE 4. ArnINISTRATION
SECTION A. DESIGNATION OF FrroD PLAIN ArnINISTRATOR
The Director of Carmunity IEvelo{;lOOnt for the City of La Porte, 'lexas, or his
designated representative is hereby appointed as Flood Plain Administrator to
administer and implerrent the provisions of this Ordinance.
SECTION B. DUTIES AND RESPONSIBILITIES OF THE FrroD PLAIN ADMINISTRATOR
llities and responsibilities of the Flood Plain Administrator shall include, but
not be limited to, the following:
(1) Maintain and hold open for public inspection all records pertaining
to the provisions of this ordinance~
(2) Ieview, approve or deny all applications for developm:mt permits,
required by adoption of this Ordinance ~
(3) Ieview permits for proposed develo{;lOOnt to assure that all necessary
permits have been obtain fran those Federal, State or local govern-
rrental agencies (including Section 404 of the Federal Water Pollution
Control Act Amendments of 1972, 33 U.S.C. 1334) fran which prior approval
is required.
(4) Whare interpretation is needed as to the exact location of the boundaries
of the areas of special flood hazard (for example, where there appears
to be a conflict between mapped boundary and actual field conditions)
the Flood Plain Administrator shall make tte necessary interpretation.
(5) Notify adjacent canmunities as well as the Harris County Flood Control
District and tte 'lexas Water Comnission prior to any alteration or
relocation of a watercourse, and sul::Jnit evidence of such notification
to the Federal Etnergency Managerrent Agency.
(6) Assure that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood carrying capacity is
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not diminished.
(7) When base flood elevation data has not been provided in accordance
with Article 3, Section B, the Flood Plain Administrator shall obtain,
review and reasonably utilize any base flood elevation data available
fran the Federal, State, or other source, in order to administer
the provision of Article 5.
SECTIOl'iI C. PERMIT PROCEDURES
(1) Application for a Developrent Fennit shall be presented to the Flood
Plain Administrator on fonns furnished by him and may include, but not
be limited to, plans in duplicate drawn to scale showing the location,
diIrensions, and elevation of proposed landscar:;e alterations, existing
and proposed structures, and the location of the foregoing in relation
to areas in sr:;ecial flood hazards. Additionally the following information
is required:
a. Elevation in relation to rrean sea level, of the lo~st floor (in-
cluding basement) of all proposed structures;
b. Elevation in relation to mean sea level to which any non-residential
structure shall be floodproofed;
c. A certificate fran a registered professional engineer or architect
that the non-residential floodproofed structure shall meet the flood-
proofing criteria of Article 5, Section B (2)
d. Description of the extent to which any watercourse or natural drainage
will be altered or relocated as a result of proposed developrent.
(2) Approval or denial of a Developrent Fennit by the Flood Plain Adminis-
trator shall be based on all of the provisions of this Ordinance and
the following relevant factors:
a. The danger of life and pror:;erty due to flooding or erosion damarrge;
b. 'Ih3 susceptibility of the proposed facility and its contents to
flood damage and the effect of such damage on the individual owner;
c. The danger that material may be s~pt onto other lands to the injury
of others;
d. The compatability of the proposed use with existing and anticipated
developrent;
e. The safety of access to the property in tiIres of flood for ordinary
and errergency vehicles;
f. The cost of providing goverrnrental services during and after flood
conditions including maintenance and repair of streets and bridges,
and public utilities and facilities such as se~r, gas, electrical,
and water systems;
g. The exr:;ected heights,' velocity, duration, rate or rise and sediIrent
transport of the flood waters and the effects of wave action, if
applicable, exr:;ected at the site;
h. The recessity to the facility of waterfront locations, where applicable;
i. The availability of alternative locations, not subject to flooding
or erosion damage, for the proposed use;
.
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j. The relationship of the proposed use to the ccmprehensive plan for
that area.
SECTION D. VARIANCE PROCEDURES
(1) The Planning And Zoning Ccmnission of the City of La Porte, as appointed
and established by City Council of the City of La Porte, shall hear and render
judgIrent on request for variances frcm the requirem:mts of this Ordinance.
(2) Said Planning and Zoning Corrmission shall hear and render judgment on an
appeal only when it is alleged there is an error in any requirerrent, decision, or
determination made by the Flood Zone Administrator in the enforcement or adminis-
ration of the Ordinance.
(3) Any person or persons aggrieved by the decision of the Planning and Zoning
Coomission may appeal such decision in the courts of canpetent jurisdiction.
(4) '!he Flood Plain Administrator shall maintain a record of all actions in-
volving an appeal and shall report variances to the Federal Emergency Managerrent
Agency upon request.
(5) Variances may be issued for the reconstruction, rehabilitation or re-
storation of structures listed on the National Register of Historic Places or the
State Inventory of Historic Places, without regard to the procedures set forth
in the remainder of this Ordinance.
(6) ~nerally, variances may be issued for new construction and substantial
improverrents to be erected on a lot of one-half acre or less in size contiguous
to and surrounded by lots with existing structures constructed below the base
flood level, providing the relevant factors in Section C (2) of this Article
have been fully considered. As the lot size increases beyond the one-half acre,
the technical justification required for issuing the variance increases.
(7) Upon consideration of the factors noted above and the intent of this
Ordinance, the Planning and Zoning Corrmission of the City of La Porte may attach
such conditions to the granting of variances as it deems necessary to further
the purpose and objectives of this Ordinance (Article 1, Section C).
(8) Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
(9) ~requisites for granting variances:
a. Variances shall only be issued upon determination that the variance
is the minimlUn necessary, considering the flood hazard, to afford
relief.
b. Variances shall only be issued upon:
(i)
(ii )
Showing a good, sufficient cause;
A determination that failure to grant the
variance would result in exceptional hardship
to the applicant;
A determination that the granting of a variance
will not result in increased flood heights,
additional threats to public safety, extra-
ordinary public expense, create nuisances,
cause fraud on or victimization of the public,
or conflict with existing local laws or Ordinances.
(iii)
c. Any applicant to whcm a variance is granted shall be given written notice
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that too structure will be permitted to be built with a lo~st floor
elevation belON too required elevation of two feet above too base
flood elevation, and that the cost of flood insurance will be can-
rrensurate with the increased risk resulting fran too reduced lowest
floor elevation.
ARTICLE 5. PROVISIONS t"OR FLOOD HAZARD REOOcrIOO
SECTION A. General Standards
In all areas of special flood hazards the following provisions are required:
(1) All new construction and substantial improverrents shall be anchored
to prevent floatation, collapse or lateral moverrent of the structure:
(2) All new construction or substantial improverrents shall be constructed
by rrethods and pratices that minimize flood damage:
(3) All new construction or substantial improverrents shall be constructed
with material and utility equipment resistant to flood damage:
(4) All new and replacerrent water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system:
(5) N:lw and replacement sanitary sewage systems shall be designed to
mlnlInlze or eliminate infiltration of flood waters into too system
and discharges fran the system into flood waters: and
(6) On site waste disposal systems shall be located to avoid impairrrent
to toom or contamination fran toom during flooding.
SECTION B. SPECIFIC STANDARDS
In all areas of special flood hazards where base flood elevation data has been
provided as set forth in (i) Article 3, section B, (ii) Article 4, section B,
(7), or (iii) Article 5, section D, (2) the following provisions are required:
(1) Residential construction-new construction or substantial improverrent
ot any reSlC:tentlal structure shall have the lowest floor, elevated
to or above a distance of two feet above the base flood elevation. A
registered professional engineer, architect, or land surveyor shall
subnit a certification to the Flood Plain Administrator that the 3tan-
dard of the subsection, as proposed in Article 4, section C (l)a., is
satisfied.
(2) Non-residential construction-new construction or substantial improve-
rrent ot any camrerclal, industrial or other non-residential structure
shall either have the lowest floor, including baserrent, elevated
to the level of a distance of two feet above the base flood elevation
or, together with attendent utility and sanitary facilities, be flood-
proofed so that belOVl that level too structure is watertight with
walls substantially imperrreable to the passage of water and with struc-
tural components having the capability of resisting hydostatic and
hydrodynamic loads and effects of buoyancy. A registered professional
engineer or architect shall sutmit a certification to the Flood Plain
Administrator that the standards of this subsection as proposed in
Article 4, section C (1) (c), are satisfied.
(3) Mobile Hares
a. No mobile hare shall be based in a floodway, or if applicable, a coastal
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high hazard area, except in an existing mobile hare park or existing
mobile hare subdivision.
b. All mobile hares shall be anchored to resist floatation, collapse, or
lateral movement by providing over-too-top and frame ties to ground
anchors. specific requirements shall be:
(i) OVer-the-top ties at each of the four corners of the mobile hare,
with two additional ties per side at intennediate locations and
mobile hares less than 50 feet long requiring one additional tie
per side;
(ii) Frame ties at each corner of the hare with five additional ties per
side at intennediate points and mobile hares less than 50 feet long
requiring four additional ties per side;
( ii i) All canponents of the anchoring system be capable of carrying a
force of 4,800 pounds;
(iv) Any additions to the mobile hare be similarily anchored.
c. IEquire that an evacuation pIan indicating alternate vehicular access
and escape routes be filed with appropriate Disaster Preparedness
Authorities for mobile hare parks and mobile hare subdivisions located
within Zone A.
d. For new mobile hare parks and subdivisions; for expansions to existing
mobile hare parks and subdivisions; for existing mobile hare parks and
subdi visions where the repair, reconstruction or improvement of the
streets, utilities and pads equals or exceeds 50 percent of valLe of
the streets, utilities and pads before the repair, reconstruction or
improvement has ccmrenced; and for mobile hares not placed in a
mobile hare park or subdivision require:
(i) Stands or 10ts are elevated on canpacted fill or on pilings so
that too 10~st floor of the mobile hare will be at a minimum dis-
tance of two feet above tre base flood level. A registered profess-
ional engineer, architect, or land surveyor shall sul:mit a certifi-
cation to tre Flood Plain Administrator that the standard of this
paragraph canplies with Section B(1) of this Article.
(ii) Adequate surface drainage and access for a hauler are provided; and
(iii) In tre instance of elevation on pilings:
- Lots are large enough to pennit steps;
- Piling foundations are placed in stable soil
no more than ten feet apart; and
- IE inforcement is provided for piers more
than six feet above ground level.
SECTION C. STANDARIS FOR DEVELOPMENT PROPOSALS
(1) All developrent proposals shall be consistent with Article 1, Section B,
C, and D of this Ordinance, as ~ll as with the La Porte rsveloprent Or-
dinance.
(2) All proposals for new developrent shall meet rsveloprent Pennit require-
ments of Article 3, Section C, Article 4, Section C and the provisions
of Article 5 of this Ordinance.
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(3) Base flood elevation data shall be generated for subdivision proposals,
and other proposed develop:oont which is greater than 50 lots or 5 acres,
whichever is lesser, if not otherwise provided pursuant to Article 3,
Section E, or Article 4, Section B(7) of this Ordinance.
( 4) All deve loprent proposals shall have adequate drainage provided to reduce
exposure to flood hazard.
(5) All ooveloprent proposals shall have public utilities and facilities
such as se\>Jer, gas, electrical and water systems located and con-
structed to minimize flood damage.
SECTION D. STANUl\Rll3 FOR AREAS OF SHAI..I..CW FlOODING (AO/AH ZONES)
Located within the areas of special flood hazard established in Article 3, Section
B, are areas designated as shallow flooding. These areas have special flood hazards
associated with base flood depths of 1 to 3 feet where a clearly defined channel
dces not exist and where the path of flooding is unpredictable and where velocity
flow may be evioont. Such flooding is characterized by ponding or sheet flow~
therefore, the following provisions apply:
(1) All new construction and substantial improverrents of residential struc-
tures have the lowest floor (includiIXJ baserrent) elevated above the
highest adjacent grade at least as high as the depth number specified
in feet on the conmunity's FIRM (at least two feet if no depth number
is specified).
( 2) All new construction and substantial improverrents of non-residential
structures:
(i) Have the lowest floor (including baserrent) elevated above the highest
adjacent grade at least as high as the depth number specified in
feet on the ccmnunity's FIRM (at least two feet if no depth number
is specified), or~
(ii) TOgether with attendant utility and sanitary facilities be designated
so that below a distance of two feet above the base flood level
the structure is watertight with walls substantially impenreable
to the passage of water with structural canponents having the
capability of resisting hydrostatic and hydrodynamic loads or
effects of buoyancy.
(3) A registered professional engineer or architect shall sutmit a certifi-
cation to the Flood Plain ACkninistrator that the standards of this
Section, as proposed in Article 4, Section C (1) a., are satisfied.
(4) Iequire within Zones AH and NJ, adequate drainage paths around struc-
tures on slopes, to guide floodwaters around and away fran proposed
structures.
SECTION E. FlOOmAYS
Floodways-located within areas of special flood hazard established in Article 3,
Section B, are areas designated as floodways. Since the floodway is an extrerrely
hazardous area due to the velocity of flood waters which carry debris, potential
projectiles and erosion potential, the following provisions shall apply:
(1) Encroachrrents are prohibited, including fill, new construction, sub-
stantial improverrents and other developrent unless certifications by a
registered professional engineer or architect lS provided demonstrating
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that encroachn:ents shall not result in an "adverse effect" on the carrying
capacity of the 100-year flood plain during the occurance of the base
flood discharge.
(2) If Article 5, Section E(l) above is satisfied, all new construction and
substantial improvements shall comply with all applicable flood hazard
reduction provisions of Article 5.
(3) Prohibit the placement of any mobile hare, except in an existing
nnbile hare park or subdivision.
SECTION F. COASTAL HIGH HAZARD AREAS
Located within the areas of special flood hazard established in Article 3, Section B,
are areas designated as Coastal High Hazard Areas (Zones V). These areas have special
flood hazards associated with high velocity waters from tidal surges and hurricane
wave wash: therefore, the following provisions shall apply:
( 1) All buildings or structures shall be located landward of the reach of the
mean high tide.
(2) All buildings or structures shall be elevated so that the lowest supporting
member is located no lower than a distance of two feet above the base
flood elevation level, with all space below the 10west supporting member
open so as not to impede the flow of water, except for breakaway walls as
provided for in Section F(8) of this Article.
(3) All buildings or structures shall be securely anchored on pilings or
columns.
(4) Pilings or columns used as structural support shall be designed and anchored
so as to withstand all applied loads of the base fl00d flow.
(5) Canpliance with provisions contained in Section (2), (3), and (4) shall be
certified by a registered professional engineer or architect.
(6) '!here shall be no fill used as structural support.
(7) There shall be no alteration of the sand dunes which would increase poten-
tial flood damage.
(8) Breakaway walls shall be allowed below the lowest supporting member provided
they are not part of the structural support of the building and are de-
signed so as to breakaway, under abnormally high tides or wave action,
without damage to the structural integrity of the building on which they
are to be used.
(9) Prior to construction, plans for any structure that will have breakaway
walls must be subnitted to the Flood Plain Administrator for approval.
(10) If breakaway walls are utilized, such enclosed space shall not be used for
human habitation.
( 11) Any alteration, repair, reconstruction or improvements to a structure
stated after the enact:Irent of this Ordinance shall not enclose the space
below the lowest floor unless breakaway walls are used as provided for in
this Section.
(12) '!he placement of mobile hares is prohibited, except in an existing mobile
hare park or existing mobile hare subdivision.
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Section 2. 'ft1e City Council officially finds, cEtermines, recites and
declares that a sufficient written notice of the date, hour, place and
subject of this :rreeting of the City Council was posted at a place con-
venient to the public at the City Hall of the City for the tiIre required
by law preceding this :rreeting, as required by the (\)en ~etings Law,
Article 6252-17, 'Iexas Ievised Civil Statutes Annotated; and that this
Ireeting has been open to the public as required by law at all tiIres during
which this resolution and the subject matter thereof has been discussed,
consicEred, and formally acted upon. The City Council further ratifies,
approves and confirms such written notice and the contents and posting thereof.
Section 3. 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 cEclared 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 cEclared invalid.
Section 4. Any person, as cEfined in Section 1.07(27), 'Iexas :Eenal Code,
who shall violate any provision of the ordinance, shall be cEeIred guilty of
a misdeIreanor and upon conviction shall be punished by a fine not to exceed
TWo Hundred Dollars ($200.00).
Section 5. 1his Ordinance shall be effective fourteen (14) days after
its passage and approval. 1he 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.
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PASSED AND APPROVED this the
th day of
CITY OF LA PORTE
By
.
ATTEST:
Cherle BlaCK, Cl ty secretary
APPROVED:
Jolin D. Armstrong, Ass 1 stant
City Attorney
Norman Malone, Mayor
,
1985.
..JOHN D. ARMSTRONG. ..J.D.
ASSOCIATE
702 W. F"AIRMONT PARKWAY
P. O. BOX 1218
LA PORTE, TEXAS 77571-1218
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KNOX W. ASKINS, ..J. D.,
ATTORNEY AT LAW
TELEPHONE
713 471-1886
September 12, 1985
Honorable Mayor and City Council
City of La Porte
City Hall
La Porte, Texas 77571
Dear Ladies and
~
1
I have asked to place on the regular meeting agenda of
September 23 985, for final action, the adoption of a Re-Districting
Map and establishment of polling places within the Districts.
Due to computer problems, we have had a more than thirty (30) day
time slippage on our schedule of final adoption of the Re-Districting
Plan, and filing of the brief with the Justice De'partment in Washington.
vHth adoption of a Re-Districting Map and Polling Places by Council
on September 23, and filing of the brief within two (2) weeks there-
after, we can still meet our time table, and have the Districts in
place for the April, 1986 election filings.
I have no particular map to recommend to you. Each of the maps
presented to you have their own strengths and weaknesses with respect
to complying with the criteria which I outlined to you at the public
hearing, and previously to the Committee.
I am hopeful that we can have all nine (9) Council Members present for
the September 23rd meeting. Of course, this is not a matter which
can be legally discussed in executive session. Any of the maps which
have been presented to you previously could be acted upon, or, if any
Member of Council would like to present an additional proposal, I am
sure that staff will be happy to assist in preparing a prosposal.
Knox W. Askins
City Attorney
City of La Porte
Yours very truly,
/' /'
~a/
KWA:Zl~
cc: Mr. ~ck Owen,
City Manager
City of La Porte City Hall
La Porte, Texas
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CITY COUNCIL AGENDA ITEMS
----------
TO: CITY MANAGER
Jack Owen
FROM: Richard Hare
Asst. City Manager
DATE: 9-12-85
REQUEST FOR CITY COUNCIL AGE~ ITE~ J
1. Agenda Date Requested: )- /0- ,-f5
2.
x
REPORT;
RESOLUTION;
ORDINANCE
3. PROJECT SUMMARY: Presentation of a Comprehensive Affirmative Action
Plan for the City of La Porte to become effective October 1, 1985.
The Affirmative Action Plan should ensure employment opportunities
for all employees and prospective employees engaged in or to be
engaged in City Services.
4. ACTION REQUIRED: Eventual passage of an ordinance implementing the
La Porte Affirmative Action Plan.
5. ALTERNATIVE: Remain in non-compliance of federal aid regulations,
as well as, u.S. Justice Department Mandates.
6. RECOMMENDATION: Passage of the proposed Affirmative Aciton Plan to
become effective October 1, 1985.
7. EXHIBITS: Affirmative Action Plan Document.
8. AVAILABILITY OF FUNDS: NjA
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
9. ACCOUNT NUMBER:
N/A
FUNDS AVAILABLE: __YES __NO
Richard Ha~re ~
TYPE NANE IN
REQUESTED BY.
---------------
10.
APP ~:t. ~COUllCIL
Owen
HANAGER'S OFFICE
AGENDA
1- /).-sY-5
DA E
e
AFFIRMATIVE ACTION PLAN
FOR
THE CITY OF LA PORTE
1985-1986
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AFFIRMATIVE ACTION PLAN
TABLE OF CONTENTS
1.) I. Introduction p. 1
2.) II. Statement of PoI icy and Scope p. 1
3. ) III. Specific Objectives and Goals p. 2-4
4. ) IV. Responsibility for Implementation p. 4-7
5. ) V. Training Programs p. 7-8
6. ) VI. Recruitment p. 8-10
7.) VII. Dissemination of Affirmative Action
Plan p. 10
8. ) VIII. Communication of the Plan p. 10-12
e CITY OF LA PORTE e
AFFIRMATIVE ACTION PLAN
I. INTRODUCTION
The purpose of this plan is to provide the citizens of
the City of La Porte with the best possible government
and governmental services, by providing an equitable
method for recruitment, selection, and promotion of
those persons qualified to render such services.
Employment and promotional opportunities shall be based
on ability, continued improvement, and dedication. Only
bona fide occupational qualifications and merit factors
shall be used in determining those people best qualified
for such employment and promotion.
II. STATEMENT OF POLICY AND SCOPE
Affirmative action shall be taken to ensure equal
employment opportunities for all employees and
prospective employees engaged in or to be engaged in City
services. Discrimination against any individual in
recruitment, examination, appointment, training,
promotion, retention, discipline, or any other aspect of
human resources administration because of political or
religious oplnlons and affiliations, membership or
non-membership in employee organizations, or because of
race, color, national origin, marital status, or other
non-merit factors is prohibited. Discrimination on the
basis of age, sex, or physical disability is prohibited
except where specific age, sex, or physical requirements
constitute a bona fide occupational qualification.
The purpose of this plan is to ensure an appropriate
working environment for all employees and prospective
employees. Sexual harrassment of any employee or
prospective employee including discrimination in any of
the areas of human resources administration as a result
of sexual harrassment, is prohibited.
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This Affirmative Action Plan applies to all City
departments, applicants for employment, and employees of
the City of La Porte.
III. SPECIFIC OBJECTIVES AND GOALS
A. The projection of employment goals and timetables for
implementation is made with full cognizance that some
departments will have greater opportunity and
flexibility to meet their respective goals through
attrition and new positions. The measure of each
department's goal attainment in each job category
will be evaluated by the City Manager's Office in
terms of the opportunities for hiring, promotion,
etc... presented to each department head (and
supervisory personnel) and the definitive affirmative
action efforts undertaken within a specific time
frame.
B. The immediate objective of the City of La Porte is to
end those practices which have tended to underutilize
minorities, females and handicapped persons in all
areas of the employment process, including
recruitment, hiring, promotion, training, etc., and
to take affirmative action to ensure that the effects
of those practices are forever erased.
C. An annual review of the Plan shall be made by City
Staff, following which, a report describing the
current plan and recommendations for improvements
shall be made to City Council.
D. The three year goals of the City of La Porte are:
1) to achieve a ratio of male-female and minority
representation in each job category equal to or
greater than their availability in the La Porte
community as indicated by the most current census and
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2) to achieve a composition of handicapped employees
in the City workforce. These goals will be
accomplished within three (3) years of adoption of
this Affirmative Action Plan.
E. Immediate-range objectives are those specific tasks
that can reasonably be expected to be accomplished
within twelve (12) months of adoption of this Plan.
These include, but are not limited to, the following:
1. Study by the Human Resources Division to ensure
that all positions are properly categorized
(e.g., Officials/Administrators, Professionals,
etc.). This study should be completed within six
(6) months after implementation of this PIan.
2. Identification of those current City employees
and those applicants for City employment who are
legally considered to be handicapped. This
should be accomplished within ninety (90) days
after implementation of this Plan.
3. The establishment of a formalized process by
which employees or applicants for employment may
seek an appropriate remedy, should they allege
discrimination in the selection process. This
process wil1 be established within sixty (60)
days after implementation of this Plan.
4. Formalize the application process to ensure that
all candidates for employment with the City of La
Porte will be referred to and processed by the
Human Resources Division prior to any employment
offer. This process will be implemented within
sixty (60) days after adoption of this Plan.
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5. Conduct an analytical study of all job
descriptions to ensure that job requirements are
based on the actual needs of the job and not on
subjective criteria. This should be completed
within nine (9) months after adoption of this
Plan.
IV. RESPONSIBILITY FOR IMPLEMEBTATIOB
Affirmative Action demands a conscious, deliberate, and
total commitment on the part of the entire municipal
organization and all its employees.
The City Council of La Porte will, consistent with the
objectives of this Affirmative Action Plan, authorize
appropriate resources in order to ensure the attainment
of the Plan. This commitment will include the
appropriation of funds necessary to provide staff and
other resources for monitoring compliance with this
Plan. Resources will also be provided for training of
managerial and supervisory personnel in the area of equal
employment opportunity.
The City Manager will (1) be responsible for the overal1
administration of the Affirmative Action Plan, (2)
establish, administer, and provide direction for the PIan
in order that equal employment opportunity exists in each
department, in all jOb categories, (3) disseminate
appropriate direction to department heads in a timely
manner to ensure compliance with the Plan, (4) support
the goals of the Plan in order that all objectives are
met, (5) ensure the sufficiency of funds in the City's
operating budget to al10w for the successful
administration of an Affirmative Action Program for the
City of La Porte, and (6) evaluate persons under his
direct supervision in specific areas of equal employment
opportunity performance. The evaluation shall include
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such matters as (a) the subordinate's progress in filling
professional and administrative positions with
minorities, females and handicapped persons where
underutilization exists, (b) the subordinate's knowledge
of equal employment opportunity principles and the status
of affirmative action in his/her department and (c) the
subordinate's own evaluation of persons under his/her
supervision in the area of equal employment opportunity,
among other criteria.
Although the City Manager is charged with the
responsibility of the overall administration,
implementation, and compliance of Affirmative Action
Plan, accountability will be shared by all administrators
and department heads. Commitment to and compliance with
the mandates of affirmative action and equal employment
opportunity will be two major areas of criteria in the
selection of candidates for executive positions and in
the evaluation process of current department heads and
other supervisory personnel. The Human Resources Manager
will provide the following assistance:
1.
Provide the
data on
promotions,
City Manager's office with all available
activity with regard to appointments,
and transfers in City departments.
2.
Coordinate with other City departments in
a transfer program which will provide
upward mobility for all employees.
developing
a means of
3. Develop career ladders.
4. Counsel La Porte employees to assist in
planning for career advancements.
their
5. Evaluate promotion policy in order to expand areas of
consideration and basis for selection, and to delete
unnecessary requirements.
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6. Use available federal, state and local programs for
the recruitment and promotion of minorities, females,
and persons with handicaps.
7. Analyze and remove all artificial barriers that may
exist in job descriptions which tend to discriminate
against females, and actively recruit females for
those positions traditionally held by males.
8. Conduct a continuous review of job classifications to
ensure job relatedness and the elimination of factors
that would adversely affect minorities, females and
persons with handicaps.
9. Maintain all records of individuals no longer in the
employ of the City of La Porte and all applications
for a period of not less than two (2) years. This is
in accordance with Section 1602.36 of the
Recordkeeping Regulations of the Equal Employment
Opportunity Commission.
10. Submit quarterly reports to the City Manager
indicating the status of the City's efforts to comply
with the affirmative action plan, including efforts
of various City departments to comply with the Plan,
and any other pertinent data.
The department heads will assist as follows:
1. Possess and exhibit a firm and good-faith effort in
their commitment to and compliance with equal
employment opportunity and affirmative action.
2. Coordinate with the Personnel Office to ensure the
appointment and promotion of qualified members of
protected classes to those positions identified by
the Human Resources Manager as being key positions in
attaining the departments' affirmative action goals.
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3. Coordinate with the Human Resources Office the review
and revision of their respective affirmative action
workforce analysis to ensure compliance with the
format designed by the Personnel Manager.
4. Disseminate information and make the Plan available
to all departmental employees.
5. Assist the Human Resources Division in the
recruitment of qualified minorities, females, and
persons with handicaps.
6. Submit reports as requested to the Human Resources
Manager, outlining each department's programs in
attaining its affirmative action goals, a current
utilization analysis, positions filled by appointment
or promotion, positive efforts instituted to enhance
affirmative action, and key positions targeted as
affirmative action positions.
v. TRAINING PROGRAMS
Training must be a top priority, if the City of La Porte
is to be committed to the upward mobility of all of its
employees including minority, female, and handicapped
employees. The Human Resources Division will work in
conjunction with every City department to ascertain each
department's training needs and to develop programs to
address those needs. All training will be coordinated by
the Human Resources Division.
Within ninety (90) days from the adoption of the
Affirmative Action Plan by the City Council, the Human
Resources Division shall prepare a plan outlining
training courses and staff development programs needed to
meet the City's Affirmative Action goals. This Plan
shall incorporate existing courses, programs, as well as
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develop new ones. Project staffing and fiscal needs
required to implement the training and staff development
programs shall also be addressed.
Within sixty (60) days of its completion, the training
plan shall be presented to the City Manager for review
and to the City Council for approval and implementation.
All supervisors and executive staff will receive training
in comprehensive aspects of affirmative action/equal
employment opportunity within two (2) years.
1 . The Human Resources Division wil1 be responsible for
the development of EEO training programs for all
supervisors and executive personnel. Attendance will
be required of all supervisory personnel.
2. Annual performance evaluations
participation in the EEO program.
will
include
VI. RECRUITMENT
The Human Resources Division will initiate a vigorous
recruitment effort to bring into City employment
qualified and qualifiable minorities, females, and
persons with handicaps. Recruitment efforts will be
conducted in, but not limited to, minority organizations,
women's organizations, organizations dealing with
handicapped persons, veterans' organizations, local
colleges and universities, and local personnel agencies.
The local media will be used in an attempt to reach all
areas in the community. The Human Resources Division
wil1 conduct recruitment trips, as necessary, to other
locales in an effort to locate and offer employment to
qualified minorities, females, and persons with
handicaps.
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In order to ensure that minorities, females, and
handicapped individuals are made aware of existing
vacancies within the City of La Porte, the Human
Resources Division will immediately begin vigorous
recruitment by performing the following:
1 . Provide job vacancy announcements to each City
department on a regular basis and ensure that each
department displays these announcements immediately
in areas accessible to all City employees.
2. Provide a job vacancy announcement to all 10cal Texas
Employment Commission offices, employment agencies,
veterans' organizations, minority organizations,
women's organizations, churches, 10cal college and
university personnel offices, county and state
personnel offices, organizations dealing with
handicapped persons, and organizations dealing with
the elderly.
3. Advertisement for key positions identified wil1 be
conducted in local newspapers--particularly those
with a substantial minority readership.
4. Public service announcements wil1 be produced on a
periodic basis in the local media to ensure that all
areas of the community are made aware of existing
vacancies and of the City of La Porte's commitment to
affirmative action and equal employment opportunity.
In an effort to fill a vacancy by providing upward
mobility for current employees including minority and
female employees, initial consideration for job placement
will be given to departmental applicants. If the
position cannot be filled from this source, then
secondary consideration wil1 be given to any La Porte
employee. Finally, if the position remains unfilled, it
will then be available for any non-City applicant. All
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individuals being hired for these positions (with the
exception of those in-house persons being considered
during the departmental phase of advertisement) must be
referred to the Human Resources Division for processing
prior to any formal offer of employment by the department
experiencing the vacancy.
VII. DISSEMINATION OF AFFIRMATIVE ACTION PLAN
Copies of this PIan will be disseminated to all City of
La Porte departments. Any interested individual or
agency or local group will be provided a copy of the
Affirmative Action Plan upon written request.
VIII. COMMUNICATION OF THE PLAN
It shall be the responsibility of the administration of
the City of La Porte to communicate both internally and
externally its Affirmative Action Plan.
A. Internal communication shall be conducted through the
following means:
1. A letter from the City Manager shall be sent to
all employees introducing the Affirmative Action
Plan.
2. Special employee meetings shall be held to
discuss the program and answer questions.
3. A memorandum along with a copy of the Affirmative
Action plan shall be sent to all supervisors
informing them of their general responsibilities
regarding this plan.
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4. Affirmative Action shall be a topic of discussion
at periodic staff meetings.
5. Periodic training sessions and meetings will be
held to explain and discuss the progress and
ramifications of the Affirmative Action PIan.
6.
Equal
policy
places
Opportunity Employment posters and the
statement shall be posted in conspicuous
in City offices and facilities.
7. The Human Resources Division shall maintain an
open door policy to all employees who have
questions regarding this program.
8. Every employee shal1 be informed of the internal
and external grievance procedures (TCHR, TDHR,
EEOC), for handling complaints of discrimination.
B. External communications shall be conducted through
the following means:
1. Equal opportunity employment posters and the
policy statement on affirmative action shal1 be
conspicuously posted in places of application for
City employment.
2.
All employment advertisement
words "An Equal Opportunity
Action Employer".
shall contain the
and Affirmative
3. Employment application forms shall contain the
above mentioned phrase.
4. A letter of notification shal1 be sent to
appropriate minority organizations and employment
sources informing them of the City's affirmative
action policy, asking for their active
.
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cooperation. The letter shall also state these
sources shall be properly notified of job
openings.
5. A letter of notification shall be sent to all
boards, committees, and/or commissions
established by the City, that have authority
regarding any aspect of human resources
administration informing them of the City's
Affirmative Action Plan and soliciting their
support.