HomeMy WebLinkAbout1985-09-23 Regular Meeting
MINUTES OF THE
REGULAR MEETING OF LA PORTS CITY COUNCIL
SEPTEMBER 23, 1985
1. The meeting was called to order by Mayor Malone at 6:02 P.M.
Members of City Council Present: Mayor Norman Malone,
Councilpersons Delbert Walker, John Lloyd, Ed Matuszak, Betty
Waters, Lindsay Pfeiffer, Deotis Gay, B. Don Skelton, Linda
Westergren
Members of City Council Absent: None
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, Finance Officer Tom Keilman, Director of Parks and
Recreation Stan Sherwood, Director of Community Affairs ~lohn
Joerns, Director of Human Resources Doug de la Morena,
Director of Public Works Jerry Hodge, Assistant Director of
Public Works Steve Gillett, Police Chief Charles Smith,
Assistant Fire Chief John Dunham
Others Present: Dr. Clyde Smith; Lewis McLain; David Fetzer,
Moroney & Beissner; Pam Smith, Bayshore Sun; Linnea Schlobohm,
Baytown Sun; 36 citizens
2. The invocation was given by City Attorney Askins.
3. Council considered approving the minutes of the Public
Hearings and Regular Meeting held September 9, 1985.
Motion was made by Councilperson Waters to approve the minutes
Qf the September 9 meeting as presented. Second by
Councilperson Pfeiffer. The motion carried, 8 ayes, 0 nays, 1
abstain.
Ayes: Councilpersons Walker, Matuszak, Waters, Pfeiffer, Gay,
Skelton, Westergren and Mayor Malone
Nays: None
Abstain: Councilperson Lloyd (was not present at meeting 9/9)
4. Coucnil considered approving the minutes of the Public Hearing
and Special Meeting held September 16, 1985.
~ ~
Minutes, Regular Meeting, La Porte City Council
September 23, 1985, Page 2
Motion was made by Councilperson Skelton to aRprove the
minutes of the September 16 meeting as presented. Second by
Councilperson Waters. The motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Walker, Lloyd, Matuszak, Waters,
Pfeiffer, Gay, Skelton, Westergren and Mayor Malone
Nays: None
5. Mr. Robert Thrower addressed Council regarding redistricting
and presented Council with a petition endorsing adoption of
scenario 4 as the official redistricting map.
Mr. Tom Simons addressed Council regarding the inclusion of
the restoration of Sylvan Beach in the City's FY 1985-86
budget.
Dr. Clyde Smith addressed Council regarding the 1986 Texas
Sesquicentennial, and presented official Sesquicentennial pins
to them as his personal appreciation for the City's support.
6. Council considered an ordinance amending Chapter 26, Article
II, 11Water, Sewers and Sewage Disposal,' of the City of La
Porte Code of Ordinances.
Mr. David Fetzer of Moroney, Beissner informed Council that
the City's bond ratings had been received. The rating from
Moody's on the general obligation bonds is A, and the rating
from Standard and Poor's is A+. On the water and sewer
revenue bonds, the rating from Standard and Poor's is A-, and
Baaa-1 from Moody's. He is hoping the water and sewer ratings
will rise, but feels it will not until the utility department
stands on its own. He reminded Council that the bond
ordinance for the revenue bonds commits the City to maintain
water and sewer rates at all times to produce revenues
sufficient after operating and maintenance expenses to pay the
debt service on the bonds and create reserve funds. In
addition, we are committing to maintain rates at all times
adequate to meet the debt service on the bonds 1.25 times.
Mr. Lewis McLain addressed Council regarding an alternate
method of commercial billing, and how he arrived at the
proposed new rates.
Minutes, Regular Meeting, La Porte City Council
September 23, 1985, Page 3
Questions from Council were answered by Mr. McLain.
The City Attorney read: ORDINANCE 1465 - AN ORDINANCE
AMENDING CHAPTER 26, ARTICLE II, "WATER, SEWERS, AND SEWAGE
DISPOSAL,t~ OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE;
ESTABLISHING A NEW RATE AND FEE STRUCTURE; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
Motion way made by Councilperson P~elffer to adopt Ordinance
1465 as reed by the City Attorney. Second by Councilperson
Westergren. The motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Walker, Lloyd, Matuszak, Waters,
Pfeiffer, Gay, Skelton, Westergren and Mayor Malone
Nays: None
7. Council considered a resolution adopting the budget for fiscal
year 1985-86.
The City Attorney read: RESOLUTION 85-13 - A RESOLUTION
APPROVING AND ADOPTING A BUDGET FOR THE CITY OF LA PORTE,
TEXAS, FOR THE PERIOD OCTOBER 1, 1985, THROUGH SEPTEMBER 30,
1986, FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE
BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET.
Motion was made by Councilperson Gay to adopt Resolution 85-1~
as read by the Citv Attornev. Second by Councilperson
Westergren.
Motion was made by Councilperson Skelton to amend the budget
to include a flagpole at a cost of $2500. Second by
Councilperson Gay. The motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Walker, Lloyd, Matuszak, Waters,
Pfeiffer, Gay, Skelton, Westergren and Mayor Malone
Nays: None
The vote was then taken on the original motion. The motion
carried, 7 ayes and 2 nays.
Ayes: Councilpersons Lloyd, Matuszak, Pfeiffer, Gay, Skelton,
Westergren and Mayor Malone
Nays: Councilpersons Walker and Waters
• •
Minutes, Regular Meeting, La Porte City Council
September 23, 1985, Page 4
8. Council considered a resolution opposing an amendment to the
Fair Labor Standards Act.
Assistant City Manager Hare reviewed the resolution.
Motio was made by Councilperson Skelton to approve Resolution
85-14 as written. Second by Councilperson Matuszak. The
motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons
Pfeiffer, Gay,
Nays: None
g. Council considered an
2, Sections 25-23 and
City of La Porte, for
limits upon the stree
Walker, Lloyd, Matuszak, Waters,
Skelton, Westergren and Mayor Malone
ordinance amending Chapter 25, Article
25-24, of the Code of Ordinances of the
the purpose of designating maximum speed
is of the City of La Porte.
M^*~^n ~.r~s made by Councilperson Matuszak to adopt Ordinance
1466 as presented. Second by Councilperson Skelton. The
motion carried, 8 ayes and 1 nay.
Ayes: Councilpersons Walker, Lloyd, Matuszak, Pfeiffer, Gay,
Skelton, Westergren and Mayor Malone
Nays: Councilperson Waters
The City Attorney then read: ORDINANCE 1466 - AN ORDINANCE
AMENDING CHAPTER 25, ARTICLE 2, SECTIONS 25-23, AND 25-24, OF
THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, FOR THE
PURPOSE OF DESIGNATING MAXIMUM SPEED LIMITS UPON THE STREETS
OF THE CITY OF LA PORTE; FOR THE FURTHER PURPOSE OF
SPECIFICALLY DESIGNATING SCHOOL ZONES AND THE MAXIMUM SPEED
LIMITS APPLYING TO SAID SCHOOL ZONES AT TIME SPECIFIED HEREIN;
AND FURTHER PROVIDING THAT THE CHIEF OF POLICE BE AUTHORIZED
AND DIRECTED TO POST SIGNS AT BOTH ENDS OF SPECIAL SPEED ZONES
CREATED HEREIN IN SAID SPEED ZONES; PROVIDING THAT ANY PERSON
VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY
OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM
NOT TO EXCEED TWO HUNDRED DOLLARS; PROVIDING A SEVERABILITY
CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
10. Council considered reappointing a member to the Civil Service
Commission.
Minutes, Regular Meeting, La Porte City Council
September 23, 1985, Page 5
The City Attorney read: ORDINANCE 1467 - AN ORDINANCE
REAPPOINTING JAMES H. LONGNECKER, AS A MEMBER OF THE CIVIL
SERVICE COMMISSION, AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Counci~.person ~iestergren to adopt Ordinance
1467 as read by the City Attorney. Second by Councilperson
Matuszak. The motion carried, 7 ayes and 0 nays.
(Councilpersons Walker and Gay were away from the Council
table. )
Ayes: Councilpersons Lloyd, Matuszak, Waters, Pfeiffer,
Skelton, Westergren and Mayor Malone
Nays: None
11. Council considered an ordinance appointing members to the La
Porte Area Water Authority.
Motion was made by ~ouncilgerson Skelton to reappoint Cary
Burnley to position ~, Rick Matthews to position 4, and Jerrv
Bramlett to gosition 5. Second by Councilperson Waters.
The City Attorney read: ORDINANCE 1468 - AN ORDINANCE
APPOINTING DIRECTORS FOR POSITION 3, POSITION 4, AND POSITION
5 OF THE LA PORTE AREA WATER AUTHORITY; CONTAINING A REPEALING
CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
The vote was taken and the motion carried, 7 ayes and 0 nays.
(Councilpersons Walker and Gay were away from the Council
table.)
Ayes: Councilpersons Lloyd, Matuszak, Waters, Pfeiffer,
Skelton, Westergren and Mayor Malone
Nays: None
12. Council considered a resolution accepting a grant offer for
Airport Phase II construction.
Director of Public Works Jerry Hodge reported that the grant
offer is in the amount of $560,400. The total amount of the
project is $622,668; the Cityts share will be $62,267.
Motion was made by Councilperson Matuszak to accept the grant
offer. Second by Councilperson Lloyd.
Minutes, Regular Meeting, La Porte City Council
September 23, 1985, Page 6
The City Attorney read: RESOLUTION 85-15 - A RESOLUTION
ACCEPTING A GRANT FOR AIRPORT PROJECT N0. 3-48-0127-03
The vote was taken and the resolution passed, 7 ayes and 0
nays. (Councilpersons Walker and Gay were away from the
Council table.)
Ayes: Councilpersons Lloyd, Matuszak, Waters, Pfeiffer,
Skelton, Westergren and Mayor Malone
Nays: None
13. Council considered approving a change to the City's personnel
policies.
The City Manager explained to Council that under the present
policies, an employee was not covered under Texas Municipal
Retirement System until 90 days after he was hired. The
primary problem with this is that an employee draws a salary
for 90 days, then when he becomes covered by TMRS has a 7~
deduction from his salary. Staff is recommending that the 90
day waiting be removed from the personnel policies and that
the employee be put under TMRS from the first day of
employment.
Motion was made by Councilperson Westergren to approve the
personnel policy change to have new e~ployees covered under
l:he_Texas Municipal Retirement System from their first day of
employment. Second by Councilperson Pfeiffer. The motion
carried, 8 ayes and 0 nays. (Councilperson Gay was away from
the Council table.)
Ayes: Councilpersons Walker, Lloyd, Matuszak, Waters,
Pfeiffer, Skelton, Westergren and Mayor Malone
Nays: None
14. Council considered awarding a construction contract for
sanitary sewer extension in Battlegrounds Vista Subdivision.
Motion was made by Councilp~~son Westergren to award the bid
for sanitary sewer extension in Battlegrounds Vista to the low
bidder, McKey Construction Company, in the amount of
$90~72~.17. Second by Councilperson Skelton. The motion
carried, 9 ayes and 0 nays.
• •
Minutes, Regular Meeting, La Porte City Council
September 23, 1985, Page 7
Ayes: Councilpersons Walker, Lloyd, Matuszak, Waters,
Pfeiffer, Gay, Skelton, Westergren and Mayor Malone
Nays: None
15. Council considered awarding a bid for reconditioning two
refuse bodies.
Mofi~n was made by Councilperson Llovd to award the bid for
rP~~nd;tioning two refuse bodies to Refuse Technologies Inc
in the amount of $8.400. Second by Councilperson Matuszak.
The motion carried, 9 ayes and 0 nays.
Ayes: Councilpersons Walker, Lloyd, Matuszak, Waters,
Pfeiffer, Gay, Skelton, Westergren and Mayor Malone
Nays: None
16. Workshop Item:
Councilperson Walker formally submitted a redistricting map,
labeled Scenario 5A, for Council's study.
Councilperson Westergren presented Scenario 1.6, which had
been placed at the front of the Council Chambers with the
other redistricting maps, and asked that it also be submitted
as one of the possibilities for adoption.
Discuss redistricting maps and consider final adoption of
redistricting map and polling places.
Mr. Robert Thrower addressed Council to urge their
consideration of Scenario 4 as the formal redistricting map,
and asked that Scenario 1.6 be reviewed for the citizens
present. Councilperson Westergren then reviewed Scenario 1.6.
Mr. George Boyer addressed Council in support of Scenario 4.
Mr. Robert Crager addressed Council in support of Scenario
5-A.
Mr. Andy Wilson addressed Council in support of Scenario 5-A.
The City Attorney briefly reviewed the charter requirements
for redistricting.
•
Minutes, Regular Meeting, La Porte City Council
September 23, 1985, Page 8
Motion was made ~y Councilperson Lloyd to adopt Scenario 5-A
with its requisite o~l~D.g places as tie district boundaries
i'or the ne~f~.ve years. Second by Councilperson Waters. The
motion failed, 4 ayes and 5 nays.
Ayes: Councilpersons Walker, Lloyd, Matuszak and Waters
Nays: Councilpersons Pfeiffer, Gay, Skelton, Westergren
The Mayor did not vote, but stated that if he had he would
have voted against the motion. Councilperson Walker requested
that it go on record as such.
Motion was made by Councilperson Westerg en that man 1.6 be
submitted as the district boundary neap. Second by
Councilperson Skelton.
M~t~j,~,n was made by Councilperson Walker to table the motion.
Second by Councilperson Waters. The motion to table failed, 2
ayes and 7 nays.
Ayes: Councilpersons Walker and Waters
Nays: Councilpersons Lloyd, Matuszak, Pfeiffer, Gay, Skelton,
Westergren and Mayor Malone
Councilperson Walker stated at this time that as he studied
Scenario 1.6, he could find that the sole purpose behind it
was to protect a particular Council seat. He stated he found
the map to be very "gerrymiring", to be denying people in the
newly annexed area of the city an opportunity to elect someone
on Council next April to be their representative, and stated
if that map is adopted he would like to go on record as being
made aware of any and all communications with the Justice
Department and noted under record that he intends to go to the
Justice Department with the map.
Councilperson Skelton then called for the question.
The original motion was then voted on, and carried 7 ayes and
2 nays.
Ayes: Councilpersons Lloyd, Matuszak, Pfeiffer, Gay, Skelton,
Westergren and Mayor Malone
Nays: Councilpersons Walker and Waters
Minutes, Regular Meeting, La Porte City Council
September 23, 1985, Page 9
Mr. Gay then stated that with the three districts in the old
section of La Porte, you really haven't diluted the minority
vote, he thinks you have strengthened it. He stated he is
speaking for the Spanish-American speaking people, who he also
represents. When you take district 6 and split it, you split
the power of the minority vote. This is why he couldn't
accept Scenario 5, because he is representing the Hispanics
just as he represents the Blacks and everybody else in the
City. He would like that to go on record so we can take that
to the Justice Department.
17. Administrative Reports:
City Manager Owen reminded Council of the bond sale on
September 24, at 7:30 in the lobby at City Hall. He stated he
is proud of the City's bond rating.
He announced that for the fourth year in a row we have
received a Certificate of Conformance on our financial
reporting. A formal presentation of that will be made in the
near future.
He called Council's attention to a future bond issue and
suggested a workshop soon on projects we would like to see
included.
18. Council Action: Councilpersons Walker, Lloyd, Matuszak, Gay,
Skelton, Westergren and Mayor Malone brought items to
Council's attention.
19. The Mayor requested an executive session on personnel, and
Council adjourned into executive session at 8:26 P.M.,
returning to the Council table at 9:12 P.M.
20. There being no further business to come before the Council,
the meeting was duly adjourned at 9:12 P.M.
Respectfully
~~
C~~~
Cherie Black,
submitted:
~c~L~~~
City Secretary
Minutes, Regular Meeting, La Porte City Council
September 23, 19$5, Page 10
Passed and approved this the
14th day of October, 19$5
No an Malone, Mayor
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1714
ORDINANCE NO. 1465
AN ORDINANCE AMENDING CHAPTER 26, ARTICLE II, "WATER, SE69ERS, AND
SEWAGE DISPOSAL," OF THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE; ESTABLISHING A NEW RATE AND FEE STRUCTURE; FINDING COMPLI-
ANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
BE IT ORDAINED BY THE CITY COtiNCIL OF THE CITY OF LA PORTE:
Section 1. Section 26-11(a) of Ordinance Number 1284 is
hereby amended, to hereafter read as follows, to-wit:
RATES FOR WATER SERVICE
The following rates shall be applicable for water purchased
from the City of La Porte computed on a monthly basis:
A. Residential Use
A minimum charge, per month, shall be $5.00.
B. Apartment Units, Duplex Units, Individual Mobile Homes
in Mobile Home Parks, with units not individually
metered for water:
A minimum charge per month, shall be $3.88 per living
unit plus an administrative charge of $.32 per meter
furnishing water to the customer.
C. Commercial and Industrial Use
A minimum charge per month shall be made in accordance
with the size of the meter utilized to measure service
to the customer in accordance with the following sche-
dules:
3/4" meter, or smaller meter: $ 6.73
1" meter: $ 9.23
1 1/2" meter: $ 16.36
2" meter: $ 26.34
3" meter: $ 54.87
4" meter: $ 94.81
6" meter: $208.92
8" meter, or larger: $368.67
D. Volume Charges;
(1) Each minimum bi:11 of residential, commercial, and
industrial shall include 2,000 gallons of water
per month.
(2) Each minimum bill of Apartment Units, Duplex
Units, Individual Mobile Homes in Mobile Home
Parks, with units not individually metered for
water, shall include 2,000 gallons of water per
unit per month.
(3) Each additional 1,000 gallons used by a customer
each month shall be charged in accordance with the
following schedule:
ORDINANCE NU. 1465, PAGE 2
For the next additional 8,000 gallons exceeding
2,000 gallons:
$1.50 per 1,000 gallons.
For the next additional 15,000 gallons exceeding
10,000 gallons:
$1.65 per 1,000 gallons.
Each additional 1,000 gallons consumed exceeding
25,000 gallons:
$1.90 per 1,000 gallons.
(4) The volume charge to commercial and industrial shall
be in accordance with the schedule in (3).
(5) The volume charge to Apartment Units, Duplex Units,
Individual Mobile Home Units in Mobile Home Parks,
with units not individually metered for water, shall
be in accordance with the above schedule in (3) after
the usage of the amount of water exceeds the number
of units billed times 2,000 gallons each month.
Section 2. Section 26-15 of Ordinance No. 1284 as amended
by Ordinance No. 1441, is hereby amended, to hereafter read as
follows, to-wit:
RATES FOR SEV7ER SERVICES
The following rates shall be applicable for sewage treatment
by the City of La Porte computed on a monthly basis;
A. Residential Use
A minimum charge, per month, shall be $8.58.
Fi. Apartment Units, Duplex Units, Individual Mobile Homes
in Mobile Home Parks, with units not individually
metered for water:
A minimum charge per month, shall be $5.71 per living
unit plus an administrative charge of $.49 per meter
furnishing sewer service to the customer.
C. Commercial and Industrial Use:
A minimum charge per month shall be made in accordance
with the size of the meter utilized to measure service
to the customer in accordance with the following sche-
dules:
3/4" meter, or smaller meter: $ 15.18
1" meter: $ 23.08
1 1/2" meter: $ 45.63
2" meter: $ 77.21
3" meter: $167.43
4" meter; or larger $293.74
i'
ORDIIVANCE NU. 1465, PAGE 3
D. Volume Charges:
(1) Since sewer discharge is not metered, all volume
charges shall be based on the total water volume
charged to the customer.
(2) Each minimum bill of residential, commercial, and
industrial shall include '1,000 gallons of sewage
discharge treated each month.
(3) Each minimum bill of Apartment Units, Duplex
Units, Individual Mobile Homes in Mobile Home
Parks, with units not individually metered for
water, shall include 2,000 gallons of sewage
discharge treated per unit each month per unit.
(4) Each additional 1,000 gallons treated for a
customer each month shall be charged in accordance
with the following schedule:
Residential:
$1.78 per 1,000 gallons.
Commercial and Industrial:
$1.78 per 1,000 gallons.
Apartment Ilnits, Duplex Units, Individual
Mobile Homes in Mobile Home Parks, with units
not individually metered for water:
$1.78 per 1,000 gallons.
(5) Computation of Volume based on water purchased:
Residential:
The volume of sewage treated shall be based
upon 95~ of the resident's water volume
billed each month. However, the maximum
residential charge will be based on 95~ of a
resident's average water billed during the
months of December, January, and February.
For new residents, the basis will be 6,500
gallons rather than the average of the three
winter months.
Commercial and Industrial:
The volume of sewage treated will be based
upon 85~ of the monthly water consumption.
Multi-Units:
The volume charge to Apartment Units, Duplex
Units, Individual Mobile Homes in Mobile
Home Parks, with units not individually
metered for water, shall be based on 85~ of
the amount of water billed each month.
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(•
ORDINANCE NO. 1465, Page 4
Section 3. This Ordinance shall take effect and be in
force from and after its passage and approval, with rates to be
implemented on all billings after October 1, 1985.
Section 4. The City Council officially finds, deter-
mines, recites and declares that a sufficient written notice of
the date, hour, place and subject of this meeting of the City
Council was posted at a place convenient to the public at the
City Hall of the City for the time re quired by law preceding
this meeting, as re quired by the Open Meetings Law, Article
6252-17, Texas Revised Civil Statutes Annotated; and that this
meeting has been open to the public as required by law at all
times during which this ordinance and the subject matter there-
of has been discussed, considered and formally acted upon. The
City Council further ratifies, approves and confirms such written
notice and the contents and posting thereof.
PASSED AND APPROVED this the ~%3f~day of September, 1985.
CITY OF LA PORTE
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•
RESOLUTION N0. 85-14
WHEREAS, in 1974 the United States Congress extended the
application of the federal Fair Labor Standards Act to the 50
states and their political subdivisions; and
WHEREAS, the United States Supreme Court two years later
invalidated that action for most purposes, holding that the
Congress had no power to enforce overtime and minimum wage,
provisions against states in areas of traditional governmental
functions (National Lea ue of Cries v. Usery, 426 U.S. 833
(1976)); and
WHEREAS, on February 19, 1985, however, the court overruled
its earlier opinion, finding the distinctions created by that
opinion to be unworkable while commenting that the states and
their political subdivisions, if dissatisfied with the court's new
opinion, could encourage the Congress to modify the law (Garcia v.
San Antonio Mass Transit Authority, 53 LW 4235 (1985)); and
WHEREAS, the effect of the C~.rcia decision has been to make
all state agencies and political subdivisions subject to the law
immediately, without time to prepare for the transition; and
WHEREAS, the resulting fiscal impact on Texas state and local
governments could be significant; overtime requirements for state
and local governments could be particularly burdensome, since the
federal law requires time and one-half payment for hours that were
previously compensated by equivalent time off; and
WHEREAS, the City of La Porte has for many years provided an
equitable compensatory time system for City employees who work
overtime, and many City employees prefer that system of
compensation to the one that is now to be required; and
WHEREAS, the reduction of hours worked for fire fighters from
an average of 56 hours per week to 53 hours per week also will
create an excessive financial burden on the City of La Porte; and
WHEREAS, the federal law, as characterized by the Supreme
Court in 1976, is an interference "with the integral governmental
functions" of state and local governments to such a degree as to
'impair the States' ability to function effectively in a federal
system"; and
WHEREAS, it results in substantially increased costs in a
time of limited revenue, weakens the delivery of public services
to the citizens of La Porte, and penalizes the City for choosing
to hire governmental employees on terms that are different from,
but not necessarily less beneficial than, those sought by the
Congress; and
WHEREAS, this imposition is especially ironic, given that the
United States Congress is itself exempt from the law.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF LA PORTS, TEXAS
RESOLVED, that the City Council of the City of La Porte
hereby request the United States Congress to exempt state and
local governmental employees from the federal Fair Labor Standards
Act; and be it further
RESOLVED, that the City Council of the City of La Porte
hereby request the Secretary of Labor, while we attempt to
influence the Congress to amend the Fair Labor Standards Act, to
work with the representatives of the National League of Cities,
the Texas Municipal League and other public interest groups to
provide administrative relief under the Department of Labor's
regulatory authority to develop rules which provide some
flexibility for key governmental operations; and, further be it
• f
Resolution 85-14, Page 2
RESOLVED, that the City Secretary forward official copies of
this resolution to the President of the United States, to the
President of the Senate and Speaker of the House of
Representatives of the United States Congress, to the Secretary of
Labor, and to each member of the Texas delegation to the Congress,
with the request that it be entered in the Congressional Record as
a memorial to the Congress of the United States of America.
PASSED AND APPROVED this the 23rd day of September, 1985.
CITY OF LA PORTS
B y G'-''
o man Malone, Ma or
ATTEST:
City Secretary
~ ~
ORDINANCE NO. I ~f'~ b
AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 2, SECTIONS 25-23, and
25-24, OF THE CODE OR ORDINANCES OF THE CITY OF LA PORTS, FOR THE
PURPUSE OF DESIGNATING MAXIMUM SPEED LIMITS UPON THE STREETS OF THE
CITY OF LA PORTS; FOR THE FURTHER PURPOSE OF SPECIFICALLY DESIGNATING
SCHOOL ZONES AND THE MAXIMUM SPEED LIMITS APPLYING TO SAID SCHOOL
ZUNES .AT TIMES SPECIFIED HEREIN; AND FURTHER PROVIDING THAT THE CHIEF
OF POLICE BE AUTHORIZED AND DIRECTED TO POST SIGNS AT BOTH ENDS OF
SPECIAL SPEED ZONES CREATED HEREIN IN SAID SPEED ZONES; PROVIDING
THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED
GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM
NOT TO EXCEED TWO HUNDRED DOLLARS; PROVIDING A SEVERABILITY CLAUSE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
WHEREAS, Article 67U1d, Vernon's Texas Civil Statutes, provides
that whenever the governing body of the City of La Porte shall determine
upon the basis of an engineering and traffic investigation that any
prima facie speed therein set forth is greater or less than is reason-
able or safe under conditions found to exist at any intersection
or other place or upon any part of a street or highway within the City
of La Porte, taking into consideration, but not limited to, the width
and condition of the pavement and other circumstances on such portion
of said street or highway, as well as the usual traffic thereon,
said governing body may determine and declare a reasonable and safe
prima facie speed limit thereat or thereon by the passage of an
ordinance, which shall be effective when appropriate signage giving
notice thereof is erected at such intersection or other place or
part of the street or highway; and,
WHEREAS, the City Council of the City of La Porte has directed
that an Engineering and Traffic Investigation take place for the purpose
of ascertaining reasonable and safe prima facie speed limits on said
streets or highways within the City of La Porte; and
WHEREAS, the results of said Engineering and Traffic Investi-
gation have become known unto the City Council of the City of La Porte;
and
WHEREAS, the City Council of the City of La Porte finds that it
ORDINANCE NO. I ~'~ ~p , Page 2
is consistent in promoting the health, safety, and welfare of the
citizens of the City of La Porte to designate maximum speeds upon the
streets and highways of the City of La Porte based upon the results
of said engineering and traffic investigation; NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
SECTION 1. Upon the basis of an engineering and traffic investi-
gation heretofore made as authorized by the provisions of Article
6701d, Vernon's Texas Civil Statutes, the following maximum speed
limits hereafter indicated for vehicles are hereby determined and
declared to be reasonable and prudent; and such speed limits are hereby
fixed as the maximum rates of speed indicated for vehicles traveling
upon the named streets and highways, or parts thereof, described as
follows, and any speed in excess of the limits specified and during
the time set out shall be prima facie evidence that the speed is not
reasonable and prudent and that it is unlawful, and that the Code of
Ordinances, City of La Porte, Harris County, Texas, Chapter 25,
Traffic, Article 2, Section 25-23, and Section 25-24 are hereby
amended to read as set forth in Exhibit "A", attached hereto and
fully incorporated by reference herein for all purposes.
Section 2. The City Council officially finds, determines, recites
and declares that a sufficient written notice of the date, hour,
place and subject of this meeting of the City Council was posted at
a place convenient to the public at the City Hall of the City for
the time required by law preceding this meeting, as required by
the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes
Annotated; and that this meeting has been open to the public as
required by law at all times during which this ordinance and the
subject matter thereof has been discussed, considered and formally
acted upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
~~
ORDINANCE N0. ~`~~~° , Page 3
Section If any section, sentence, phrase, clause, or any
part of any section, sentence, phrase or clause, of this ordinance
shall, for any reason, be held invalid, such invalidity shall not
affect the remaining portions of this Ordinance, and it is hereby
declared to be the intention of this City Council to have passed
each section, sentence, phrase, clause, or part thereof,
irrespective of the fact that any other section, sentence, phrase
or clause, or part thereof, may be declared invalid.
Section 4. Ahy person, as defined in Section 1.07 (27),
Texas Penal Code, who shall violate any provision of this
ordinance, shall be deemed guilty of a misdemeanor and upon
conviction shall be punished by a fine not to exceed Two Hundred
Dollar ($200.00).
Section All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict only.
Section 6. This Ordinance shall be effective fourteen (1~t)
days after its passage and approval. The City Secretary shall
give notice of the passage of this ordinance by causing the
caption hereof to be published in the official newspaper in the
City of La Porte at least twice within ten (10) days after the
passage of this ordinance.
PASSED AND APPROVED this the 23rd day of September, 1985.
CITY OF LA PORTS
1
Y
Norm n Malone, Mayor
ATTEST:
C/
City Secretary
APPROVED:
~~
l
City Attorney
EXHIBIT "A"
Section 25-23. Maximum limits generally.
(a) Except as otherwise provided in this section, it shall be unlawful
for any person to drive or operate a motor vehicle within the
City of La Porte at a rate of speed greater than 30 miles per hour.
(b) Notwithstanding any other provision of this Article, no person
shall drive a motor vehicle on any street or highway in the City
at a speed greater than is reasonable and prudent under the
conditions then existing, having regard to the actual and potential
hazard when approaching or crossing an intersection or a railway
grade crossing, when approaching or going around a curve, when
approaching a hillcrest, when traveling upon a narrow or winding
street or highway, or when a special hazard exists with respect
to pedestrians or other traffic or by reason of weather or street
conditions. In any event, speeds shall be so controlled as may
be necessary to avoid colliding with any person, vehicle, or other
conveyance on or entering the street, alleyway, or highway in
compliance with legal requirements, and the duty of all persons,
to use due care.
(c) The City Council find,upon traffic and engineering studies, and
having regard to all other elements and factors required by law,
including, but not limited to, the widths and conditions of
pavements and other circumstances, as well as the usual traffic
thereon, that the maximum rates of speed is prescribed in this
article are the maximum, reasonable, and prudent, safe prima facie
speeds for motor vehicles operating as described herein.
(d) Maximum limits and school zones.
(1) Notwithstanding any other provision of this article, it shall
be unlawful for any person to drive any motor vehicle at a
rate of speed in excess of 20 miles per hour in any of the
following designated school zones:
(a) Along Park Street from San Jacinto to Fairmont Parkway,
a distance of 700 feet, .133 miles.
(b) Along Fairmont Parkway from Park Street to South Broadway,
a distance of 1,800 feet, .34 miles.
(c) Along Texas Ave. from Fairmont Parkway to East "G" Street,
a distance of 1,400 feet, .27 miles.
(d) Along East "G" Street from South Broadway to San Jacinto,
a distance of 1,500 feet, .28 miles.
(e) Along South Broadway from a point 250 feet south of
East "G" Street to a point 75 feet south of East "B" Stree
a distance of 2,525 feet, .48 miles.
(f) Along San Jacinto from a point 20 feet south of East "B"
Street to a point 200 feet south of East "G" Street, a
distance of 2,330 feet, .44 miles.
(g) Along East "C" Street from San Jacinto to South Broadway,
a distance of 650 feet, .123 miles.
(d) Maximum limits and school zones (continued)
(h) Along West Madison from a point 30 feet west of North
4th Street to North 6th Street, a distance of 620 feet,
.117 miles.
(i) Along North 6th Street from a point 400 feet south of
Barbours Cut Blvd. to a point 50 feet north of West
Tyler, a distance of 950 feet, .179 miles.
(j) Along North 5th from a point 75 feet south of Barbours
Cut Blvd. to a point 20 feet north of West Tyler, a
distance of 1,,300 feet, .246 miles.
(k) Along North "L" Street from a point 50 feet west of
Alvy Drive to a point 175 feet west of Lomax School
Road, a distance of 2,400 feet, .454 miles.
(1) Along Willmont from a point 100 feet north of Fairmont
Parkway to a point 100 feet south of Shell Rock, a
distance of 1,200 feet, .227 miles.
(m) Along Clairmont from Roseway to Rosemont, a distance of
600 feet, .114 miles.
(n) Along Rosemont from Clairmont to Parkway, a distance of
60.0 feet, .114 miles.
(o) Along Parkway from Willmont t o Rosemont, a distance of
250 feet, .047 miles.
(p) Along Roseway from Clairmont to Roseberry, a distance of
500 feet, .095 miles.
(q) Along Cedarmont from a point 50 feet north of Stonemont
to Myrtle Creek, a distance o f 1,150 feet, .218 miles.
(r) Along Myrtle Creek from Antri m to West Main, a distance
of 600 feet, .114 miles.
(s) Along Carlow from a point 200 feet east of Catlett to
Cedarmont, a distance of 500 feet, .095 miles.
(t) Along West Main from a point 200 feet east of Underwood
Road to a point 200 feet east of Myrtle Creek, a distance
of 1,150 feet, .218 miles.
(u) Along Underwood Road from a point 30 feet north of
Andricks to a point 100 feet south of Carlow, a distance
of 1,480 feet, .280 miles.
(v) Along West Main from a point 530 feet east of Farrington
Blvd. to a point 280 feet west of Farrington Blvd., a
distance of 810 feet, .153 miles.
(w) Along Farrington Blvd. from West Main to a point 850
feet south of West Main, a distance of 850 feet,.l61 miles
~~
(2) The speed limit established in this section shall be in
effect between 7:00 A.M. and 9:00 A.M., and between 2:00 P.M.
and 4:00 P.M., Monday through Friday of each week, from
the first day of September, or the beginning of the school
term, whichever event first occurs, to the first day. of
June, or the last day of the school term, whichever event
last occurs, of each and every year, when the school zone to
which such limit applies is properly signed or posted as a
school zone. Timed flashing lights, as well as fixed signs,
may be used to sign or post a school zone.
(e) Maximum limits in parks.
It shall be unlawful for any person to drive any motor vehicle
on any street or road within a city park at a rate of speed in
excess of 10 miles per hour.
(f) Thirty (30) Mile Per Hour Zones.
The following streets or portions thereof shall constitute
special speed zones, and it shall be unlawful for any person
to operate any motor vehicle at a rate of speed in excess of
30 miles per hour in any such zone:
(1) Along Myrtle Creek from West Main to Underwood Road, a
distance of 3,800 feet, .72 miles.
(2) Along Fairmont Parkway from South Broadway to Park Ave., a
distance of 1,800 feet, .34 miles.
(3) Along Park Ave. from- San Jacinto to Fairmont Parkway,a
distance of 700 feet, ,13 miles.
(g) Thirty-five (35) Mile Per Hour Zones.
The following streets or portions thereof shall constitute special
speed zones, and it shall be unlawful for any person to operate
any motor vehicle at a rate of speed in excess of 35 miles per
hour in any such zone:
(1) Along Underwood Road from a point, 2,350 feet south of
West Main to a point 650 feet north of West Main, a distance
• of 3,000 feet, .57 miles.
(2) Along West Main from a point 650 feet west of Underwood Road
to a point 2,050 feet east of Underwood Road, a distance of
2,700 feet, .51 miles.
(3) Along West Main from a point 925 feet west of Farrington Blvd.
to a point 1,125 feet east of Farrington Blvd., a distance
of 2,050 feet, .39 miles.
(4) Along West Main from a point 1,275 feet east of 26th Street
to State Highway 146, a distance of 4,200 feet, .79 miles.
(5) Along North "L" Street from a point 850 feet west of Lomax
School Road to a point 2,750 feet east of Lomax School Road,
a distance of 3,600 feet, .68 miles.
(6) Along Driftwood Drive from West Main to Fairmont Parkway,
a distance of 4,700 feet, .89 miles.
(7) Along Fairmont Parkway from a point 550 feet west of State
Highway 146 to South Broadway, a distance of 4,000 'feet,
.76 miles.
(8) Alorig South 16th Street from West Main to a point 1,500 feet
south of West Main, a distance of 1,500 feet, .28 miles.
(9) Along~East Barbours Cut Blvd. from State Highway 146 to
North Broadway, a distance of 3,100 feet, .59 miles.
(10) Along Park Ave. from San Jacinto to East "E" Street, a distance
of 4,700 feet, .89 miles.
(h) Forty (40) Mile Per Hour .Zones.
The following streets or portions thereof shall constitute special
speed zones, and it shall be unlawful for any person to operate
any motor vehicle at a rate of speed in excess of 40 miles per
hour in any such zone:
(1) Along West Main from Luella Blvd. to a point 2,000 feet west
of Luella Blvd., a distance of 2,000 feet, .38 miles.
(2) Along West Main from a point 950 feet east of Myrtle Creek
to a point 900 feet west of Farrington Blvd., a distance
of 2,200 feet, .42 miles.
(3) Along North "H" Street from Lomax School Road to 26th Street,
a distance of 8,300 feet, 1.57 miles.
(4) Along North "L" Street .from Underwood Road to a point 850
feet west of Lomax School Road, a distance of 4,000 feet,
.76 miles.
(5) Along North "L" Street from a point 2,750 feet east of Lomax
School Road to 26th Street, a distance of 5,500 feet,
1.04 miles.
(6) Along North "P" Street from Underwood Road to 26th Street,
a distance of 13,100 feet, 2.48 miles..
(7) Along 26th Street from State Highway 225 to West Main, a
distance of 9,300 feet, 1.76 miles.
(8) Along North 16th Street from Barbours Cut Blvd. to West Main,
a distance of 2,850 feet, .54 miles.
(9) Along South 16th Street from a point 1,500 feet south of
West Main to Fairmont Parkway, a distance of 3,300 feet,
.63 miles.
(10) Along Barbours Cut Blvd. from North 16th Street to State
Highway 146, a distance of 2,050 feet, .39 miles.
~~
(i) Forty-five (45) Mile Per Hour Zone.
The following streets or portions thereof shall .constitute special
speed zones, and it shall be unlawful for any person to operate
any motor vehicle at a rate of speed in excess of 45 miles per
hour in any such zone:
(1) Along Underwood Road from North "P" Street to a point 650
feet north of West Main, a distance of 6,900 feet, 1.31 miles.
(2) Along Underwood Road from a point 2,350 feet south. of West
Main to. Fairmont Parkway, a distance of 2,400 feet, .45 miles.
(3) Along West Main from a point 2,000 feet east of Luella Blvd.
to a point 650 feet west of Underwood Road, a distance of
5,200 feet, .98 miles.
(4) Along West Fairmont Parkway from a point 2,400 feet east of
Bay Area Blvd. to a point 550 feet west of State Highway 146,
a distance of 2,500 feet, .47 miles.
(j) Fifty (50) Mile Per Hour Zone.
The following streets or portions thereof shall constitute special
speed zones, and it shall be unlawful for any person to operate
any motor vehicle at a rate of speed in excess of 50 miles per
hour in any such zone:
(1) Along Underwood Road from State Highway 225 to North "P"
Street, a distance of 6,500 feet, 1.23 miles.
(2) Along West Main from a point 1,125 east of Farrington Blvd.
to a point 1,275 east of 26th Street, a distance of 7,850
feet, 1.49 miles.
(k) Fifty-five (55)_ Mile Per Hour Zone.
The following streets or portions thereof shall constitute special
speed zones, and it shall be unlawful for any person to operate
any motor vehicle at a rate of speed in excess of 55 miles per
hour in any such zone:
(1) Along Fairmont Parkway from a point 2,400 feet east of Bay
Area Blvd. to Luella Blvd., a distance of 22,800 feet,
4.318 miles.
Section 25-24. Speed Limit Signs.
The Chief of Police of the City of La Porte is hereby authorized and
directed to post signs at both ends of special speed zones created in
this article, which signs shall reflect the speed limits of the
respective zones.
ORDINANCE N0. 1467
AN ORDINANCE REAPPOINTING JAMES H. LONGNECKER, AS MEMBER OF THE
CIVIL SERVICE COMMISSION, AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte hereby
makes the following appointment to the Civil Service Commission,
for the term beginning on the effective date hereof, and ending as
specified; provided, however, the appointee shall serve until his
successor has been duly appointed and qualified:
Member Term Ends
JAMES H. LONGNECKER September 30, 1988
Section 2. The City Council officially finds, determines,
recites and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council
wasposted at a place convenient to the public at the City Hall of
the City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
Civil Statutes Annotated; and that this meeting has been open to
the public as required by law at all times during which this
ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the
contents and posting thereof.
Section 3. This Ordinance shall take effect and be in force
from and after its passage and approval.
PASSED AND APPROVED this the 23rd day of September, 1985.
CITY OF LA PORTE
B y ~ r----.
Norman Malone, Mayor
ATTEST:
City Secretary
APPROVED:
C-tiG ''
City Attorney
f ~
ORDINANCE N0. 1468
AN ORDINANCE APPOINTING DIRECTORS FOR POSITION 3, POSITION 4, AND
POSITION 5 OF THE LA PORTS AREA WATER AUTHORITY; CONTAINING A
REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTS:
Section The City Council of the City of La Porte hereby
appoints the following Directors to serve as members of the La
Porte Area Water Authority, for the term expiring September 1,
1987, and until each of their successors shall have been duly
appointed and qualified.
Director, Position 3:
Director, Position 4:
CARY BURNLEY
RICK MATHEWS
Director, Position 5: JERRY BRAMLETT
Section 2. All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of conflict only.
Section 3. The City Council officially finds, determines,
recites and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
Civil Statutes Annotated; and that this meeting has been open to
the public as required by law at all times during which this
ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the
contents and posting thereof.
Section 4. This Ordinance shall take effect and be in force
from and after its passage and approval.
PASSED AND APPROVED this the 23rd day of September, 1985.
CITY OF LA PORTS
B y G-~~
o man L. Malone, Mayor
ATTEST:
City Secretary
APPROVED:
City Attorney
CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
TO:
FROM:
SUBJECT:
Jerry L. Hodge, Director of Public Works DATE: September 11, 1985
St e illett, Assistant Public Works Director
Phase II Construction Grant - Airport
The City of La Porte is submitting an application to the FAA for the
construction of improvements at the La Porte Municipal Airport. These
improvements, AIP Project No. 3-48-O117-03, are a continuation of the
present construction, and will serve to enhance the ability of the
airport to provide top aviation facilities.
Total estimated cost of Phase II improvements is $622,668. With a 9A-10
grant, this will amount to $560,400 federal, and $62,267 as the City's
matching 10~. Although this grant has not yet been issued, it must be
issued before September 30, 1985, by Federal law.
It is required that the City Council pass a resolution accepting the
grant offer, and authorizing the City Manager to sign it. To avoid a
last minute emergency meeting, it is suggested that Council pass this
resolution in anticipation of the grant offer.
If you should have any questions, please advise.
SG/lw
• ~
RESOLUTION NO. ~~ ~~
A RESOLUTION ACCEPTING A GRANT FOR AIRPORT PROJECT NO. 3-48-0127-03.
WHEREAS, the City of La Porte, Texas (termed SPONSOR herein),
and the Department of Transportation, Federal Aviation Administration
(FAA), desire to enter into a certain Grant•Agreement which provides
Federal participation in an Airport Improvement Project for the
La Porte Municipal Airport; and
WHEREAS, in response to a request duly filed by SPONSOR, the
FAA has prepared said Grant Agreement, a copy of which is attached,
and has submitted it to SPONSOR for acceptance and execution; and
WHEREAS, it is determined to be in the intereset of SPONSOR
and FAA to accept said Grant Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LA PORTE:
Section 1. That the City Council of the City of La Porte does
hereby accept the provisions of said Grant Agreement for Project
No. 3-48-0127-03.
Section 2. That the City Manager of the City of La Porte is
hereby authorized and directed to execute said Grant Agreement for
and on behalf of the City of La Porte.
,..~.~•PASSED AND APPROVED THIS 23rd day of September, 1985.
~~~~ ,' ~ ~, CITY OF LA PORTE
~~ , ,~'
• C~,
a~
~,
i//~
/ ~• ~' rman Malone, Mayor
X1`1`\\AZ'TEST :~
City Secretary
APPROVED:
t /
Z ~~~~
City Attorney
CITY COUNCIL AGENDA ITEMS
T0: CITY MAfdAGER FROM: Richard Hare DATE:g_16-85
Jack Owen
REQUEST FOR CITY COUNCIL AGENDA ITEM
1. Agenda Date Requested: 9-23-85
2. X REPORT; RESOLUTION; ORDINANCE
3. PROJECT SUMMARY: Chapter 7, Section 8, Subsection Retirement of the
City's Personnel Policies requires that a 90 day waiting period be
established prior to TMRS eligibility by new, nontransfering
employees. Staff advises the abolishment of this administrative
policy.
4. ACTION REQUIRED: Revision of the City's Personnel Policy to include
all new regular fulltime employees under TMRS upon employment.
5. ALTER4iATIVE: Continue to needlessly protract an employee benefit.
6. RECOMMENDATION: Revise Chapter 7, Section 8, Subsection Retirement
to include all new, nontransfering employees under TMRS payro
deduction upon employment with the City.
7. EXHIBITS: Memorandum (8-8-85) from Tf~IRS.
8. AVAILABILITY OF FUNDS:
_ General Fund Water/Wastewater
Capital Improvement General Revenue Sharing
Other '
' 9. ACCOUNT NUMBER:
_ F[TNb VAILABLE : _YE S _NO
TYPE NAh1E IN___
REQUESTED BY:
10. APPROVED FOR CITY COU?iCIL AGENDA
Jack Owen
CITY f4ANAGER'S OFFICE
DATE
+ , r ~ •
'. ~, RET,y'F
,v ~
~~~
.i1 ~~~.~
TEXAS MUNICIPAL RETIREMENT SYSTEM 1200 NORTH INTERSTATE 35, AC 512/476-7577
POST OFFICE BOX 2225
AUSTIN, TEXAS 78768
August 8, 1985
Mr. Richard T. Hare
Assistant City Manager
City of La Porte
P. O. Box 1115
La Porte, Texas 77571
Dear Richard:
I am writing as a follow up to your recent letter, regarding probationary periods for new
employees, and whether or not new employees should be enrolled in TMRS when they are
employed, or upon the completion of their six-month probationary period.
As you know, the TMRS Act requires that employees become members of TMRS as a condition
of their employment, with the following exceptions:
1) Employees who work less than 1,000 hours per year.
2) Temporary employees.
3) Employees who are 60 years of age or older when employed.
In the past, many cities did not consider a person an "employee" until they completed a
probationary period, and consequently did not enroll new employees in TMRS until that time.
In the case of the City of La Porte, the disadvantages of not enrolling employees during the
first six months of employment are as follows:
1) If an employee dies prior to becoming a member of TMRS, no Supplemental Death
Benefit (equal to one-year's salary) would be paid to the beneficiary.
2) If an employee became disabled in the line of duty prior to becoming a member of
the System, they would not be entitled to receive a monthly disability annuity. If
the employee was a member in the System, their monthly disability annuity as a
result of aservice-connected injury would be one-half of their monthly salary.
3) If an employee is not a member of TMRS during their first six months of
employment, and they receive a pay increase of less than 796 upon completion of
their probationary period, they will actually see a decrease in their take home pay
because of the required 796 TMRS contribution. Conversely, if new employees are
enrolled in TMRS when employed, and begin making TMRS contributions at that
time, they would actually see an increase in their take home pay if they receive a
pay increase upon completion of their probationary period.
From a personnel standpoint, I think it is certainly advantageous and equitable for all
employees, regardless of length of employment, to be provided the same benefits, including
retirement. If a new employee does not complete the required probationary period, they would
be refunded the money they have contributed to TMRS while they were employed by the City.
Most member cities of TMRS have discontinued the policy of not enrolling employees in TMRS
until they complete a probationary period, and enroll new employees on their date of
employment.
~`
n
Mr. Richard T. Hare
Assistant City Manager
City of La Porte
Page 2.
Should you have any additional questions regarding this matter, or if we may be of service in
any way, please feel free to contact our office.
Sincerely,
i , /~/
z'I ~_.
Gary Wf~Anderson
~; % Administrative Assistant
GWA/pjh ~.
I T0: FROM: Date: 9/18/85 I
City Manager John Joerns
REQUEST FOR CITY COUNCIL AGEidDA ITEM
1. Agenda Date Requested: September 23, 1985
3. Protect Summary:
4. Action Required:
5. Alternative:
6. Recommendation:
7. Exhibits:
2. Report
X Resolution
Ordinance
Battlegrounds Vista Subdivision
Sanitary Sewer Extension
CLP No. 84-7109
Bid Opening and Award of Construction Contract
Approve award of contract to McKey Construction &
Equipment Co., Inc. in an amount of $90,723.17.
Award Contract to another bidder or reject all bids.
Award Contract tq the low bidder, McKey Construction
& Equipment Co., Inc., in the amount of $90,723.17.
9-17-85 memorandum from John Joerns to Jack Owen.
I
B. Availability of Funds: General Fund ~_Water/Wastewater
~_Capital Improvmt. General Revenue Sharing
Other
Account Number: 003-806-806-886 Funds Available: X Yes No
John Joerns
F?P Q17PSt
9.Approved for City Council Agenda
-~
~.
City Manage r
~- /~
Date
• •
CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
T0: Jack Owen
City Manager
FROM: John J e
Direct r ommunity Development
DATE: Septembe 8, 1985
SUBJECT: Battlegrounds Vista Subdivision
Sanitary Sewer Extension
CLP File Number 84-7109
Four sealed bids were opened and read at the bid opening for the
above referenced project at City Hall September 16, 1985. Results
of the bid are shown on the attached bid opening worksheet.
All four bids have been evaluated for accuracy and conformance to
the requirements of the bid package. Bids entered by Bill
McDonald and Eiserer Construction contained minor errors and the
worksheet reflects the adjusted bids.
Recommend award of this contract to McKey Construction and
Equipment Co., Inc., the low bidder, in an amount of $90,723.17.
BS/tla
BID OPENING WORKSHEET
CLP JOB NUMBER 84-7109
SEWAGE COLLECTION AND TREATMENT SYSTEM
BATTLEGROUNDS VISTA SUBDIVISION
BIDDER
R L Utilities
405 S. 16th Street
La Porte, Texas 77571
Bill McDonald
P.O. Box 189
Deer Park, Texas 77536
McKey Construction & Equipment
111 N. 16th Street
La Porte, Texas 77571
Eiserer Construction
P.O. Box 895
League City, Texas 77573-0895
2
TOTAL BID
(INCLUDING ADDENDUM 1)
$130,148.78
$118,459.001
$ 90,72.17
$13,,180.152
Adjusted downward $1529.00 due to inclusion of bid items 13
and 14, which were deleted in Addendum 1.
Adjusted downward $1000.00 due to addition error on page two
of the bid schedule.
~,
~ ! .
TO: CITY MANAGER FROM: DATA: September 17 , 198 5
• • • • PUBLIC WORKS
REQUEST FOR CITY COUNCIL AGENDA ITEM 2. __~ Report
1. Agenda Date Requested: September 2 3 , 19 8 5 _ Resolution
Ordinance
3. Project Summary:
Sealed proposal #0005 received for reconditioning of two refuse bodies.
Trucks are used as back-up residential trucks. Five proposals were sent.
One proposal returned.
4. Action Required:
Award contract to Refuse Technologies, Inc. in the amount of $8,400.00.
5 .. A]:ternat ive
Reject Proposal.
6. Recommendatign
Award contract to Refuse Technologies, Inc. in the amount of $8,400.00 for
reconditioning of two refuse bodies.
7. Exhibits:
Attached.
8. Availability of Funds: General Fund Water/Wastewater
Capital Improvmt. General Revenue Sharing
X Other Motor Pool
Account Number: 009-700-702-856 Funds Available: X Yes Nb
Jerry L. Hodge, Director of Public Works
Requed By A J
9. A~Sprc~ved for ^ity Council Agenda
•
CI'I'Y OF LA PORTE
INTER-OFFICE MEMORANDUM
T0: Jack O e C' ager DATE: September 17, 1985
FROM: Jerry d e Hof Public Works
SUBJECT: Seal e,8 Pro~S ~s~l ~RI`P # 0005
////
Sealed .proposals were solicited for the reconditioning of two refuse
packers for the Solid Waste Division. This budgeted item is to recondition
the packer bodies of a 1979 Heil and a 1980 E-Z Pak. These two trucks
are presently used as back-ups for residential collection. The two units
have seen extensive. service, and tolerances on metal and hydraulic systems
have reached the point that excessive maintenance is required..
The proposal is to recondition the bodies to restore original factory
condition, so that these trucks will not have to be replaced. Proposals
were sent to five (5) vendors who are experienced in this type of work.
Although numerous calls were made to ensure that vendors would submit
proposals, and all assured that they would bid, only one proposal was
received.
The one proposal received was from Refuse Technologies, Iric., located in
Houston, Texas, in the amount of $8,400.00 for both bodies. Proposal
includes standard manufacturer's warranty for parts and six (6) month
warranty for all structura~? repairs. References were checked, and all
reported excellent service, including the Director of Maintenance for the
City of Houston.
Budgeted for repair was $30,000 for both trucks, which includes force-
account repair of the cab and chassis, and force-account labor to repaint
both units. The proposal amount, $8,400, is well below the quotes received
during the budgeting process in 1984.
Although only one proposal was submitted, I recommend that the City award
the contract for reconditioning two refuse packers to Refuse Technologies,
Inc. in the amount of $8,400.00. Excellent references, togeth.es•~.aith a
proposal price well below figures quoted last year, indicate that the price
and service will satisfy the needs of the City.
If you should have any questions, please advise.
JLH/lw