HomeMy WebLinkAbout1987-06-22 Regular Meeting•
•
MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL
JUNE 22, 1987
1
The meeting was called to order by Mayor Pro Tem John Lloyd
at 6:00 P.M.
Members of Citv Council Present: Mayor Pro Tem John Lloyd,
Councilpersons Betty Waters, Alton Porter, Mike Shipp, Deoti$
Gay, B. Don Skelton, Jerry Clarke
Members of City Council Absent: Mayor Norman Malone,
Councilperson Ed Matuszak
Members of City Staff Present: City Manager Bob Herrera,
City Attorney Knox Askins, City Secretary Cherie Black,
Assistant City Manager John Joerns, Assistant to the City
Manager Janie Luna, Director of Public Works Steve Gillett,
Police Chief Charles Smith, Finance Manager Robert Stewart,
Revenue Controller Charlene Eldridge, CIP Manager Pat
O'Mally
Others Present: Representatives of KPMG, Peat Marwick;
representatives of Black & Veatch; Stanley Baskin, San
Jacinto College District; Melissa Doyle, Bayshore Sun; 7
citizens
2. The invocation was given by Councilperson Gay.
3.
4.
Council considered approving the minutes of the regular
meeting of Council held June 8, 1987.
Motion was made by Councilperson Skelton to approve the
minutes of the June 8 meeting as presented. Second by
Councilperson Waters. The motion carried, 7 ayes and 0 nays.
Ayes: Councilpersons Waters, Porter, Shipp, Gay, Skelton,
Clarke and Mayor Pro Tem Lloyd
Nays: None
Council considered approving the minutes of the called
regular meeting held June 15, 1987.
Motion was mad e tZy Councilperson Waters to annrove th e
minutes of the June 15 meeting as presented. Second by
Councilperson Gay. The motion carried, 7 ayes and 0 nays.
• •
Minutes, Regular Meeting, La Porte City Council
June 22, 1987, Page 2
Ayes: Councilpersons Waters, Porter, Shipp, Gay, Skelton,
Clarke and Mayor Pro Tem Lloyd
Nays: None
5. There were no citizens wishing to address the Council.
6. Gary Miglico of KPMG, Peat Marwick, presented a status report
of the audit for fiscal year ending September 30, 1987. Mr.
Miglico explained the process of doing a first-year audit and
the reasons a first-year audit takes more time than a normal
audit, especially for the City of La Porte, which had major
changes in key personnel at the beginning of the audit. Mr.
Miglico will present the audit at a workshop on July 6.
7. City Manager Bob Herrera and Roy Peyton and Helen Lytle of
Black & Veatch, Architects, addressed Council to present an
overview of the assets to be offered by the City of La Porte
and a color map of the City to be used as a planning and
marketing tool, to be called the Southeast Master Plan, to
publicize the City's southeast region.
After the presentation, motion was made by Councilperson
S'kPlt~n +-o authorize the printin~~and distribution of 1000
maps to use as a marketing tool for the City and that the
cost of printing be taken from the hotel/motel occupancy tax
fund. Second by Councilperson Porter. The motion carried, 6
ayes, 0 nays, 1 abstain.
Ayes: Councilpersons Waters, Porter, Gay, Skelton, Clarke
and Mayor Pro Tem Lloyd
Nays: None
Abstain: Councilperson Shipp
8. Council considered an ordinance closing a 0.0587 acre tract
of land lying west of and adjacent to the west line of Luella
Boulevard. This closing is at the request of the San Jacinto
College District.
The City Attorney read: ORDINANCE 1552 - AN ORDINANCE
VACATING, ABANDONING AND CLOSING A 0.0587 ACRE TRACT OF LAND,
BEING ALL OF A 1.00 FOOT RESERVE LYING WEST OF AND ADJACENT
TO THE WEST LINE OF LUELLA BLVD. (75 FT. RIGHT-OF-WAY), IN
THE CITY OF LA PORTE; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
~J
Minutes, Regular Meeting, La Porte City Council
June 22, 1987, Page 3
Motion was made by Councilperson Waters to adopt Ordinance
1552 as read by the City Attorney. Second by Councilperson
Shipp. The motion carried, 7 ayes and 0 nays.
Ayes: Councilpersons Waters, Porter, Shipp, Gay, Skelton,
Clarke and Mayor Pro Tem Lloyd
Nays: None
g. Council considered an ordinance granting a pipeline permit to
Amoco Pipeline Company.
The City Attorney read: ORDINANCE 915-Y - AN ORDINANCE
GRANTING A PERMIT UNDER SECTION 18-A-3 OF ORDINANCE N0. g15,
"PIPELINE TRANSPORTATION," BEING CHAPTER 18-A OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTS, TEXAS, DATED NOVEMBER 25,
1975, TO AMOCO PIPELINE COMPANY, TO CONSTRUCT AN 8-INCH
PIPELINE FOR THE TRANSPORTATION OF BUTANE; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; AND PROVIDING FOR AN EFFECTIVE
DATE HEREOF.
Motion was made by Councilpers n Waters to adopt Ordinance
915 Y as read by the Ci~..y Attorneys with the stipulation that
the boring be closely monitored. Second by Councilperson
Skelton. The motion carried, 7 ayes and 0 nays.
Ayes: Councilpersons Waters, Porter, Shipp, Gay, Skelton,
Clarke and Mayor Pro Tem Lloyd
Nays: None
10. Council considered an ordinance amending Ordinance 1476 -
Prequalification of Bidders.
The City Attorney read: ORDINANCE 1476-A - AN ORDINANCE
AMENDING ORDINANCE 1476, AN ORDINANCE REQUIRING THE
PRE-QUALIFICATION OF CONSTRUCTION PROJECTS HAVING AN
ESTIMATED COST OF GREATER THAN THREE HUNDRED THOUSAND DOLLARS
($300,000.00); REQUIRING FILINGS OF CONTRACTOR'S STATEMENTS
WITH THE CITY OF LA PORTS; PROHIBITING CONTRACTORS FROM
SUBCONTRACTING MORE THAN FIFTY PERCENT (50~) OF WORK ON CITY
OF LA PORTS PROJECTS WITHOUT PRIOR WRITTEN CONSENT; REQUIRING
ATTENDANCE AT A PRE-BID CONFERENCE AS A PREREQUISITE TO
SUBMITTING A BID; PROVIDING FOR PUBLICATION OF NOTICE;
APPROVING AND ADOPTING FORMS FOR THE PRE-QUALIFICATION OF
~ ~
Minutes, Regular Meeting, La Porte City Council
June 22, 1987, Page 4
CONTRACTORS; DEFINING 'BIDDING CAPACITY"; ADOPTING
DISQUALIFICATION STANDARDS; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; CONTAINING A REPEALING CLAUSE; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Skelton to adoot Ordinance
1476-A as read by the City Attorney. Second by Councilperson
Gay. The motion carried, 7 ayes and 0 nays.
Ayes: Councilpersons Waters, Porter, Shipp, Gay, Skelton,
Clarke and Mayor Pro Tem Lloyd
Nays: None
11. Administrative Reports
The City Manager asked Council for a workshop meeting to be
held on July 6, at which time the audit would be received and
an audit committee considered; a financial report from Lewis
McClain would be presented; and a tax presentation for the
1987-88 budget would be presented. Council agreed to hold a
workshop on that date.
Charlene Eldridge, Revenue Controller, addressed Council
regarding a sales tax proposal on telecommunications as an
added source of revenue for the City. This would be a one
percent sales tax and would cover long distance telephone
calls and special services such as call waiting, call
forwarding, etc. Council will be given more information at
the budget workshop meetings to consider this possible source
of revenue for the City.
The City Manager asked Council for permission to go out for
request for proposals for an outside management firm to
handle the City's Capital Improvement Projects. Council
agreed and the RFPs will be sent out.
The ground breaking ceremony for the golf course be held at
5:30 P.M., prior to the workshop meeting on July 6. Council
was agreeable to this.
12. Council Action: Councilpersons Shipp, Gay, Skelton, Clarke
and Mayor Pro Tem Lloyd brought items to Council's attention.
13- There being no further business to be brought. before the
Council, the meeting was duly adjourned at 7:21 P.M.
• •
Minutes, Regular Meeting, La Porte City Council
June 22, 1987, Page 5
Respectfully submitted:
(~~~~~
Cherie Black
City Secretary
Passed & Approved this the
13th day of July, 1987
~7~ti ~~ ~~
No man L. Malone, Mayor
REQUE~OR CITY COUNCIL AGENDA I~
Agenda Date Requested: 6/22/87
Requested By: Robert T. Herrera
XX Report
Exhibits:
Department:
Administration
Resolution Ordinance
SUMMARY ~ RECOMMENDATION
Mr. Gary J. Miglico of KPMG, Peat, Marwick (the City Auditors) will be present
at the June 22, 1987, City Council Meeting.
I have asked Mr. Miglico to present to the City Council a status report of
the City audit for year end September 30, 1986. While I am not happy about
the lateness of the audit, I understand the difficulty they are experiencing.
As you will recall, this is the first year with KPMG Peat, Marwick and as
new auditors they have been very thorough in checking out all financial
ledger transactions as they relate to year end closings. Furthermore,
they have been meeting with Eugene Hovey, our past auditor, on particular
governmental entries disclosed.
Action Required by Council:
Receive verbal presentation from KPMG Peat, Marwick.
Availability of Funds:
General Fund
Capital Improvement
Other
Account Number:
Water/Wastewater
General Revenue Sharing
Funds Available: _ YES _ NO
~nroved for City Council Agenda
Robert T. Herrera DATE
City Manager
REQUEST ~R CITY COUNCIL AGENDA ITE
Agenda Date Requested: 6/22/87
Requested By: Robert T. Herrera Department: Adm~nist anon
XX Report
Exhibits:
Resolution
SUMMARY ~ RECOMMENDATION
Ordinance
Over the last 3 months staff has ti.een working to develop a planning and
marketing tool to publicize the City''s southeast region. This attempt
at Target•Economic Development.is the first for La Porte. Within the
City's southeast City limits, La Porte has some tremendous assets to
compliment our Bay including:
• An 18-hole Municipal Golf Course;
• A $2 million dollar park ~ Little Cedar Bayou Park;
• The Sylvan Beach County Park;
e The Sylvan Beacfi.Convention Center;
• Historical Cemeteries;
• A governmental center complex including:
~"
- City Hall
- Regional Post Office.
-. .La Porte Independent School District Administrative Offices;
• A Rail System and a Major Highway Transportation System; •
• A good location to Port Activities (Bayport and Barbour's Cut); and
• Property that is prime for Long-Range Development.
These nine (9) elements are very important and reflect La Porte's positive thinking
in planning for our future. Through. target economic development planning the City
of La Porte is placed into a better position to control and encourage growth. "With
this tool in hand, the City can pursue commercial activity with regards to major
hotel franchises, conference center for professional development, and planned
unit developments which would accomodate prime residential and commercial
development.
Action Required by Council: Receive presentation from staff and Black & Veatch,
Architects. Upon-completion of report, indicate agreement and authorize printing
of Southeast~Mas"ter Plan tool for distribution. Cost is approximately $1,200.00
to produce 1,000 copies.
OD~ ~~~ •
~~1 „A3~~
Availability of Funds:
General
Capital
Other
Account Number:
Fund
Improvement
_I r ~"'
~~~
Water/Wastewater
General Revenue Sharing
Funds Available: _ YES _ NO
Approved for City Council Agenda .
Robert T. Herrera DATE
City Manager
• •
ORDINANCD NO. 1552
AN ORDINANCE VACATING, ABANDONING AND CLOSING A 0.0587
ACRE TRACT OF LAND, BEING ALL OF A 1.00 FOOT RESERVE
LYING WEST OF AND ADJACENT TO THE WEST LINE OF LUELLA BLVD
(75 FT. RIGHT-OF-WAY), IN THE CITY OF LAPORTE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF
WHEREAS, the City Council of the City of LaPorte has been
requested by the record owner of all of the property abutting
portions of certain streets and alley, described on Exhibit
"A", attached hereto and fully incorporated by references
herein; and
WHEREAS, the City Council of the City of LaPorte has
determined, and does hereby find, determine and declare that
the hereinafter described rights-of-way are not suitable,
needed, or beneficial to the public as public alleys, roads or
streets, and that the closing of the hereinafter described
portions of said rights-of-way is for the protection of the
public and for the public interest and benefit, and that the
hereinafter described portions of said rights-of-way should be
vacated, abandoned, and permanently closed.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF LAPORTE:
Section 1. Under and by virtue of the power granted to
the City of LaPorte under its Home Rule Charter and Chap. 13,
Title 28, Art. 1.175, of the Revised Civil Statutes of the State
of Texas, 1925, the hereinafter described rights-of-way lying
wholly within the boundaries of the City of LaPorte are hereby
permanently vacated, abandoned, and closed by the City of
LaPorte, to-wit:
That certain 0.0587 acre tract of land being all of a
1.00 foot reserve lying West of and adjacent to th
eldest Right-of-Way of Luella Boulevard (75.00 foot
Right-of-Way) as shown on the Brookglen Street
Dedication plat, according to a map or plat thereof
recorded in Volume 198, Page 76 of the Map Records of
Harris County, texas, said 1.00 foot strip also being
the East 1.00 foot of a 15.5062 acre tract of land
indicated as an acreage tract on said dedication
platn, said 0.0587 acre tract being more fully
described in Exhibit "A" attached hereto and made a
part hereof for all purposes.
• •
ORDINANCE 1552, Page 2
Section 2. This ordinance is passed and approved by the
City Council of the City of LaPorte, at the request of the San
Jacinto Junior College District, for the expansion of its
campus, and all applicable fees and charges are waived by the
City of LaPorte.
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 posed 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 day of
1987.
CITY OF LAPORTE
B. Don Skelton, Mayor Pro Tem
ATTEST:
Cherie Black, City Secretary
APPROVED:
Knox W. Askins, City Attorney
•
DESCRIPTION
Df a 0.0587 acre tract of land being all of a 1.00 foot reserve
lying West of and adjacent to the West Fright-Of-Way of Luella
Boulevard 075.00 foot Right-Of-Way) as shown can the Brookglen
Street Dedication plat, according to a reap •.r plat thereof
recorded in Volurne 198, Page 76 of the Map F:ecords of Harris
County, Teas, said 1.00 foot strip also being the East 1.00 foc,t
of a 15.5062 acre tract of land indicated as an acreage tract on
said dedication plat, said 0.0587 acre tract being more
particularly described by metes and bot_~nds as follows:
BEGINNING at a 1/1 inch iron rod set for the intersection of the
North Right-Of-Way of Fairmont Parkway 0250.00 foot F.'ight-Of-Way)
with a Northwesterly-cut back line cif Luella Boulevard;
THENCE South 86°56'51" West along the North Right-Of-Way of
Fairmont Parkway, a distance of 1.00 fo~:,t to a paint for corner;
THENCE North 41°56'14" East, 1..00 f~:,ot adja~=ent to and parallel
to the Northwesterly cut back line of Luella Boulevard, a
distance of 14.1 feet to a point for corner;
THENCE 1.00 feet West of and parallel to the West Right-Of-Way of
Luella Boulevard 175.00 foot Fright-Of-Way) the following calls:
North 03°04'25" West a distance of 1897.37 feet to a point
being the beginning of a curve to the left;
Continuing with said curve to the left, having a radius of
961.50 feet, a central angle of 09°29'16", an arc length of
159.22 feet, a chord bearing of North 07°49'04" West and a
chord distance of 15'3.04 feet to a point of tangency;
North 12°3J'42" West a distance of 314.86 feet to a point
being the beginning of a curve to the right;
Continuing with said curve to the right, having a radius of
1,038.50 feet, a central angle of 09°34'47", an arc length
of 173.63 feet,, a chord bearing of North 07°46'18" West and
a chord distance of 173.73 feet to a point of tangency;
North Cr2°58'54" West a distance of 0.93 feet to a point for
corner in the Southerly line of a H.L.~CP. Co. 65.00 fast
wide fee strip;
THENCE North 86°56'00" East along said H.L.&P. Co. 65.00 foot
wide fee strip, a distance of 1.00 foot to a found 1/2 inch iron
rod in the Westerly Right-Of-Way of Lt_tella Boulevard;
THENCE South 02°58'54" East along said Westerly Right-Of-Way Of
Luella Boulevard, a distance of 0.93 feet to a point of
c ur vat ttr e;
THENCE continuing along said Right-Of-Way with a curve to the
left, having a radius of 1,037.50 feet, a central angle of
09°34'47", an arc length of 173.47 feet, a chord bearing of South
07°46'18" East and a chord distance of 173.17 feet to a 1/1 inch
iron rod found far the pint of tangency;
THENCE South 11°33'42" East continuing along said Right-Of-Way, a
distance of 314.86 feet to a i/2 inch iron rod found for a point
of curvature from said item rod a 5/8 inch iron rod was found
0.20 fort East;
THENCE continuing
right, having a
09°29'16", an arc
07°29'04" East and
iron rod found for
along said Fright-Of-Way with a curve to the
radius of 961.5t~ feet, a central angle of
length of 15"x.38 feet, a chord bearing r_,f South
a chard distance of 159.'0 feet to a 1/2 inch
the point of tangency;
F'age i of
:Exhib~~ ~1Q "
• •
DESCRIPTION CONTINUED
THENCE S~~uth 03°O~'~5" East continuing along said Right-Of-Way, a
distance of 1,897.7 feet to a found 5/8 inch iron rad far
cornr-r;
THENCE South ~i°56' 14" West a distance of 1~#. 1~# feet to a i/
inch iran rad set far the PLACE OF BEGINNING of the herein
described tract and containing with these calls G.U,~,87 acres ar
~,JJG square feet of land.
WITNESS MY HAND AND SEA .i`('HI ~ 2~Fe~. Y OF MAY 1'387.
,~ ~ •• . q '
' .. '
. ...: ................
- BILLY~R. FOSTER _~
BILLY R. FOS -- -------- '~.--l~~~c --~ ------
Reg is r ed P l i c Sur veyo ;~'c,~,~~°. ~'-~~
~ ~ • •sUK~a~,
BILLY R. FOSTER °~ ASSOCIATES SURVEYING, INC.
X425 Federal
Pasadena, Texas 775a~
F'hane: f713) 9~1-OD74
JOB N0. 119-87
WS #11 - A:119~-87.1
Page 2 of
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~~:~~
THE STATE OF TEXAS ~
COUNTY OF HARRIS §
CITY OF LAPORTE §
I hereby certify that the attached and foregoing is a true
and correct copy of Ordinance , passed and approved by
the City Council of the City of LaPorte at a Regular Meeting of
Council held on the day of June, 1987, at which meeting a
majority of the Council present voted in favor of the
Ordinance. I further certify that said meeting was properly
posted according to law, prior to the date of the meeting.
To certify which, witness my hand and Seal of Office, this
the day of June, 1987.
City Secretary
This instrument was acknowledged before me on this the
day of June, 1987, by Cherie Black.
Notary Public, State of Texas
Name:
Commission Expires:
~_ ~~
r,?,.
BASKIN ~t FAKES
ATTORNEYS AT LAW
MBwxx PwswDExw Towax
STANLEY D. BAHYIN 1 OOS E. SOU1'HMORE. SUITE 509 TELHPEONE
Joxx M. Fwsas P p Box 72 (1I3) 4T 3-9282
PASADBNA, TEXAS 77501
May 29, 1987
Mr. Knox W. Askins
702 W. Fairmont Parkway
Pasadena, TX 77504
Re: Donald F. Ford and Albert Pravda to San Jacinto Junior
College District, 14.2442 acres;
Dear Mr. Askins
Please be advised that San Jacinto Junior College District is
purchasing one tract of land from Donald F. Ford et al. The
tract is a 14.2442 acre tract out of a 15.5062 acre tract,
lying in the William M. Jones Survey, Abstract No. 482, Harris
County, Texas.
You will note that there is a one foot fee strip, as known in
the plat in volume 198, page 76, Harris County Map Records,
adjacent to Luella Boulevard.
I am also enclosing a statement from the Map Records showing
the one foot strip dedication easement. I have been in
conversation with Mr. Leukte of Stewart Title Company in
connection with the purchase of 17 acres West of Luella and
near Spencer Highway, and in order for them to remove an
exception that there is no access to the tract of land, they
request that the City of LaPorte abandon the easement that is
present and we take a general Warranty Deed from the present
owners of the property.
We would appreciate you presenting this to the City officials
so that at the next board meeting we can consummate this
transaction.
Also, enclosed is a copy of the plat of the 14.2442 acre tract
showing the one foot easement adjoining Spencer. I have also
enclosed a copy of the legal description of the one foot
•
e
~""'-~
r~
Mr. Knox W. Askins
May 29, 1987
Page 2
easement to be abandoned. It is in the Ordinance. A proposed
copy of the Ordinance, based upon your previous Ordinance on
the 17 acres tract, is enclosed for your information.
If you desire to add any other items to the Ordinance, please
feel free to do so.
Enclosures
~'~ .-`
., a ~
~~ DATE: .- ( I~_
FILE ~~
X - REF: _
CASE #•
KEY MAP REFERENCE:
CITY OF LA PORTE
COMMUDIITY DEVELOPMENT DEPARTA1ENT
Checklist for Street & Alley/Easement Closing Requests:
(1) Public Utilities
(a) The City shall check for
existing utilities in the
ROW's, Alleys, or Easements
(b) Other public utilities will
be checked by the individual
(2)
-~p-~---
franchises; i.e. Entex, Eell ~~
Telephone, HL&P, Cable TV ~~ IJ' _ __ _
Effect on adjacent property and property in surrounding
area. (Does the street closing request ~'landlock~~ or
~griously diminish ,access off' adjacent land?)
~~?.~t_1.~~ __----- ------
(3) Effect on access by fire and other emergency vehicles.
(4) Review the closing request in regards to future needs
(whether immediate or long-term) for: -~
(a) Utilities (water or (sewer)s (~c~a,lE _
(b) Streets/Thoroughfares/Traffic Patterns ~~
(c ) Drainageways* _t~r~i..E~
(d) Other Comprehensive Plan Considerations:
'Land Use Plan '
`~Thoroughfare~
~~iltilities*
// Official Parks & Rec. Map
/~ ommunity Facilities Plan
Safety Plan
~ ~
~,.~- ~e
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• •
ORDINANCE NO. 915-Y
AN ORDINANCE GRANTING A PERMIT UNDER SECTION 18-A-3 OF ORDINANCE NO.
915, "PIPELINE TRANSPORTATION," BEING CHAPTER 18-A OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE, TEXAS, DATED NOVEMBER 25, 1975,
TO AMOCO PIPELINE COMPANY, TO CONSTRUCT AN 8-INCH PIPELINE FOR THE
TRANSPORTATION OF BUTANE; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING FOR 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 has received
an Application dated June 8, 1987, from AMOCO PIPELINE COMPANY, re-
questing a permit under Section 18-A-3 of Ordinance 915, being Chapter
y18-A of the Code of Ordinances of the City of La Porte, to construct
an 8-inch steel pipeline for the transportation of butane, crossing
the City of La Porte, all as shown on said Application. The applica-
tion of AMOCO PIPELINE COMPANY has been reviewed by the City's Direc-
tor of Public Works who has found that said Application meets all
requirements of said Ordinance No. 915, and has recommended its ap-
~,;
proval. a,
r.
Section 2. The City Council of the City of La Porte hereby ap-
proves the Application of AMOCO PIPELINE COMPANY, dated, June 8,
- 1987, and this Ordinance shall constitute a permit to AMOCO PIPELINE
.~~
',COMPANY to construct and operate an 8-inch steel pipeline within the
CityFYof La Porte, for the transportation of butane, all in conformance
with the requirements of said Ordinance No. 915.
''Section 3: The City Council officially finds, determines, re-
cites 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
Ordinance No. 915-Y, Page 2
acted upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 4. This Ordinance shall be in full force and effect
from and after its passage and approval.
"~"PASSED AND APPROVED, this the 22nd day of June, 1987.
CITY OF LA PORTE
Norman L. Malone, Mayor
ATTEST:
Cherie Black, City Secretary
APPROVED:
,.
Knox W. Askins, City Attorney
i
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AMOCO Amoco Pipeline Company
'~ ..~,. Southwest Division
201 Main Street-Suite 500
Fort Worth, Texas 76102
.. ~ , .. 817 -335-4378 '
"June 8 r 1987 y" - ,
Director Of Public Works
City of LaPorte --
P. 0. Box 1115
LaPorte, Texas 77571
~~~Dear Sir: ~ ~ . ~ P=. ~._
Application of Permit for City Street Crossings
Texas City -Baytown Pipeline Modification Project
r.a_porte. Harris n m .Texas APRN 50982)
- Amoco Pipeline. Company i.s preparing to construct an 8" steel pipeline
extending from Texas City to Baytown. The route of this pipeline will
`,. take it through a portion of the City of LaPorte, Texas, and, will cross
several proposed city streets.
This letter will constitute the official request from Amoco Pipeline
Company, for permission to cross these LaPorte city streets. Accord-
ingly. I am submitting. this letter. and all enclosures. in duplicate.
In the area where this line is within the City of LaPorte. it will be
constructed within the Faxon Pipeline Company Bayport Baytown pipeline
corridor. This will mean that the line will cross North "D", North "H".
p North "L" and North "P" streets. While I am sure you are fully aware of
the location of this corridor. I am enclosing photocopies of an axial
photo of this area, on which I have marked this corridor in yellow.
I am also enclosing photocopies of F~xon's corridor map, on which I have
indicated the route of this line, in green. I am also enclosing photo-
copies of the Rey Map pages of this area. on which I have also drawn the
route in green.
Please find enclosed, plats of each proposed crossing. showing the plan
and profile of the crossing. I believe the specifications of each
crossing is set forth on the plat, but I would advise that the crossing
- will be accomplished by boring. In accordance with appropriate D.O.T.
and State regulations, we propose to make the installations without
casing. but using high-yield pipe. fully encased with 1" of concrete
coating. This will alleviate the problen of "shorted" casings, and will
ensure better cathodic protection of the pipeline.
As additional information, you should be advised that the cotrnnodity to
be transported is butane. The line will be rated fora maximum allow--
~'. able operating pressure of 2160 lbs.. but will be tested to a test pres-
..`,
. ~ •
Y
Director Of Works
Page 2 .~ _
sure of 2950 lbs. The anticipated operating pressure will be
approximately 800 lbs., with a maximum car~c-odity temperature of 85
degrees, fahrenheit.
_,. .. _
I am also enclosing Amoco's draft #12046, in the amount of $300.00,
in
_payment of the initial permit fee for these crossings.
If any~~further information is required, or, there are any questions, I
-.can be reached at the above address, where my telephone number is
- 817/878-6143. We anticipate construction to begin on this project the
.first week of July, with all construction complete, and the line opera-
tional by October 1, 1987.
Very truly yours,
J es A. R
Right Of-Way Superv ' . r
JAR/jr
Encl.osur es
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~. H AR RI COUNTY, TEXAS
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WILLIAM~M JONES+
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RICHARD PEARSALL
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3~ WALL/WALL ~ o`p I ~ ~
9 m
~ e ;; PROPOSED AMOCO 8" 216
m (Line No. 216 )
FND. LR.
w/caP
P L A N '
. -.: a., + SCALE ~ I'~=50'
PIPELINE PIPELINE
MARKER
. E L.23.52~ MARKER
' ~ EL.23,3~ Et_.22.45~ E1.22,6 E1.23.45~
'
' 20' ~ TOP I6"CSG. W/8" '
WATER UNE,El.20.34' 20'
"As Built ~~ Union arbide 16~~
PROP
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(
) 2161
p IL~NE
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W/
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NE 2~g1 F~
4 ~~,~5
9j~
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REFERENCE DRAWINGS
FOR ALIGNMENT SHEET SE£
DRAWING D-8109-AL-II
PROPOSED 8~~(LINE 2t6) TO BE LA10 PROPOSED PRODUCT
ADJACENT' TO ANO APPROX. DEPTH
EXISTING (LINE 173) W/84' OF 8~ PROFILE
~~BUTANE ~~
0.250~~ W.T., 5LX-60 PIPE W/ I ~~CONC.
1~~= 50~
SCALE ~ Horz
COATING X-LNG STREET. .
Vert. 1"= 5~ { BAYPORT -BAY TOWN CORRIDOR, SHT.6 ~
REV. DATE I OESGRIPTION DRAWN CHKO. APPO. AMOCO P I P E L I N E CO M PA N Y
5-5-87 ORIGINAL R.A.S. RDS Ewo~wccw,..a MOUfTOM, T[f Al
I
5-26-8 REMOVED PROPOSED CASING ANO
w P P -
R.A.S.
ROS
~~
PROPOSED 8 P
PE
I
I
L
NE
2 6-I-87 Changed Pipe WT. GaA. ~ '~
~
CROSSING NORTN
STREET
D
HARRIS COUNTY, TEX.
DATE 5 - 5 - 87 -sw~c Shown A-8109-RC-31
mow: - I
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•
- - ~. HARRI S COUNTY, TEXAS
BRINSON SUR
E d
.
.
_ 8 0 ' ~
231 -~ ~ ,
3 250
3 ~
~
78M: TOP 1 V2" LR. SOUTH R/W ~
~ a • • '•
~
'• ~ ~
U.O. TEI. CABLE
LINE
TE
x
p w.CORFI.LINE E~. Z3.12 O. H.
L.
STA. 89 + 10.44 1 ~
i STA. 89 +90.44
._
EXIST. LINES
232 a " 2 4 9
EXXON PIPELINE CO. M ~~ ~' ~ ~
. PIPELINE CORRIn~R
- I ~
_. Q
EXIST.
_ ~ ;LINES
173 174 ~ CON000'S
- Seagull's fi'P L.
Union Corbidt 16" P.I.~S
J
~- ~o
. " ^ I
:216 3~ WALL/WALL ~ ~ ti0
0
:
:.
~
~~
' `.` ~.1~-'-^ •:,~ (N`' :,~.;` LAN
09 PROPOSED AMOCO 8'~
•
{ ._ :: ~.
i_ f :..~
..: P (Line No. 216 )
SCALE: I"-50' .
PIPELINE
NARKER
EL. 2.3.70' MARKER
EL.22.78~
_+•
78~
tL
.
Nat. Grode
~ ~,
2C 20
EL.19.18~ EL.19.18~
~~As Built' Union Corb~oe
' 16~' (Line 173) W/20' Cosing. ,
EL,14.94
15
15
EL. 14.42 PROPOSED (LINE 216 )
PROPOSED PRODUCT
PROPOSED 8~~(LINE 2161 TO BE 1A10
PROFILE "BUTANE'
ADJACENT TO AND APPROX. DEPTH
" REFERENCE DRAWINGS
EXISTING (LINE 173) W/84' OF 8
'~
~~
1'~= 50' FOR ALIGNMENT SHEET SEE
CONCRETE
SLX-60 PIPE W/I
W.T.
0.250 SCALE: Horz.:
"
' pRAWING 0-8109-AL-II
,
COATING X-ING STREET. - 5
Vert.: I
(gAYPORT-BAY TOWN CORRIDOR, SHT. 8 )
REV. .DATE ( DESCRIPTION DRAWN I CMKD. I APPD. A M O.CO PIPELINE CO M PA N Y
5-6-87 ORIGINAL R.A.S. QDS cNO~Ntt11~11o HOU~TON.T[=ws
'
. I 5-26-87 PROPOSED CASINO AND
REMOV
INCREASED W.T. Of PIPE %-INO 5T. R.A.S. RDS PROPOSED 8 I~ PIPELINE
2 6-1-87 Changed Pipe W.T. G.BA. ~~ CROSSING NORTH '~H'~ STREE7
TEX
HARRIS COUNTY
. .
,
• ~ DATE 5 - 6 - BT SCALE ShOWA A-8109-RC-32
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,
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xm3 °+ 290
x
O ~ ~ 1 0~ ~ -8M. RR SPIKE IN CORNER POST
~/- EI. 23.31=
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w ~' ^, - - m x
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~ " PROPOSED
AMOCO 8" 216
. _- a (Line No, 216 )
I
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P L A N
'ax ,^ PIPELINE
MARKER ~ _ SCOIe 1"= 50' m PROPOSED (LINE 2161
'
~
d - ~ W.T.,SEX-60 PIPE
~'? 8
=0.250
'
_, E1, 21.68' of E1.22.67'N E1,21.68
(TYP. BOTH SIDES R/W)
-- W -PIPELINE MARKER
Not. Grade W
.20r~7rz ... .. ..r..r rs ~ 20'
... E1.12.08'
' ~ ~ U!_TiMATE 6 . '
DITCH-~ ~--'
TOP AS BUILT"UNION CARBIDE
5• MIN
10 •
~16"(LINE 1731 W/2U" 10'
~ ~
~~ CASING. EI.9.93
REFERENCE DRAWINGS
PROPOSED 8" (LINE 2161 TO BE LAID FOR ALIGNMENT SHEET SEE
ADJACENT TO AND APPROX. DEPTH DRAWING 0-8109-AL-12
EXISTING (LINE 1731 W/84'QF 8"-
0.250~~ W.T., SLX-60 PIPE W/ I CONC. PROPOSED PRODUCT
COATING X-ING STREET. PROFILE "BUTAN E ~~
vert l = 20
'~ (BAYPORT-BAY TOWN CORRIDOR, SHT. 10 ~
REV. DATE ( DESCRIPTION DRAWN I CHKD APPD. A M 0 CO PIPELINE CO M PA N Y
- 5-6-87 ORIGINAL R.A.S. RDS ENOIM[t111M0 HoY~TOM,Tc:ws
I 5-2G- REMOVED PROPOSED CASINO ANO
INCREASED PIPE W.. T. X-IN ST. R.A.S. Rl7S PROPOSED 8" PIPELINE
2 6-1-87 Changed Pipe W.T. G.aA. j CROSSING NORTH "L" STREET
CROSSING H.C.F. C. DITCH F-101-030
HARRIS CO.,TEX.
- 6 - 87
r
3HOwN
J
DATE
scALE
A-8109-RC-33
~; wss I
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~"'_ .-`
H A R RISo COUNTY, ~;TE AS 'o ~ Z~
311 N ~~ ~
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x~m E. BRWSON SUR
1
~~~ .
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- Exxon P~,[1e~ine Co• •,, " Ex isf~hy L rocs
t/o% S//6 ~ 36.5 =366 ~' °" -
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EXIST. LINES ~ ~
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W Z
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WALL/WALL ~a°
~ 90 m ~ t-
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- X
t o 216 X ~
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i.io. dl o ~ X
PROPOSED AMOCO 8" w O
a
`° aa: _
o
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xp }
Q
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w 1 ~
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' PLAN ~
Scole: J°= 50~
PIP EUINE -
MARKcR -: EL.23.19' Qj
' PIPEIIJE IMARKE R
~
EL.22.11 w w 21
41'
EL
20' ~ + .
.
Naf. Grode
PROPOSED
(LINE 21g)
TOP 4"SEW. LN.~
' "" ~ ~ -- -: 20'
,
SAS BUILT EL. IS.OI _
10' TOP CASING EL.12.80~
LINE 173 S BUILT"
TOP CASING. EL. 12.34'
10'
. !/ LINE (173).
-
0' ` PROPOSED 84' OF 8'= 0.250' w.T. 5LX-60 PrP
I
COATING (LINE 216) X-ING STREET, TO BE LAID A
OJAGENT
TO AND APPROX: SAME DEPTH AS EXIST. LINE (173), O
• '
PROFILE PROPOSED PRODUCT
`'
" BUTANE"
T.B.M.: C/W Rod North R/W Line SCALE: HORIZ. I
=
" S0' . REFERENCE DRAWINGS
' '
,
"P" Sfreet 9 West Corridor ~ VERT. I
~20
FOR ALIGNMENT SHEET SEE
Line., E1.22.09' .
(BAYPORTDRBAYTOWNIOCORRIOOR, SHT.II
)
REV. DATE DESCRIPTION DRAWN CHKD. I APPD. AMOCO PIPELINE C O M PA N Y
- 5-8-87 ORIGINAL R.A.S. RpS E«a1N[[RINa '
I 5-27
IN REASED W TPPSPE XANO ST
NO R.A
S
RDS " NoucroM,TCxws
.
2 6-I-87 Changed Pipe W.T. .
.
G.B~A. PROPOSED 6 PIPELINE
- CROSSING NORTH '~P~~ ST
HARRIS CO., TEX. J
DATE 5- 8- 8 7 SCALE SHOWN A-809-RC-~
r1.-4=
-i~A
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;~ Q .~ %~~+- I~:~ ~~}• % •~ similorpurpose: }
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ORDINANCE NO. 1476-A
AN ORDINANCE AMENDING ORDINANCE NO. 1476, AN ORDINANCE REQUIRING
THE PRE-QUALIFICATION OF CONSTRUCTION PROJECTS HAVING AN ESTIMATED
COST OF GREATER THAN THREE HUNDRED THOUSAND DOLLARS ($300,000.00);
REQUIRING FILINGS OF CONTRACTOR'S STATEMENTS WITH THE CITY OF LA
PORTE; PROHIBITING CONTRACTORS FROM SUBCONTRACTING MORE THAN FIFTY
PERCENT (50$) OF WORK ON CITY OF LA PORTE PROJECTS WITHOUT PRIOR
WRITTEN CONSENT; REQUIRING ATTENDANCE AT A PRE-BID CONFERENCE AS A
PREREQUISITE TO SUBMITTING A BID; PROVIDING FOR PUBLICATION OF NOTICE;
APPROVING AND ADOPTING FORMS FOR THE PRE-QUALIFICATION OF CONTRACTORS;
DEFINING "BIDDING CAPACITY"; ADOPTING DISQUALIFICATION STANDARDS;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; CONTAINING A REPEALING
°CLAUSE; 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 has deter-
mined, and does hereby find, determine, and declare that it is in
_ M ~ ,~ ~,
the best interest of the City of La Porte that all Contractors desir-
.._
ing to bid on City of La Porte construction projects having an owner's
estimated construction cost of greater than Three Hundred Thousand
~ ; ~, _w..
Dollars ($300,000.00), must pre-qualify by filing a satisfactory
Contractor's Statement, on the forms attached hereto, with the Cons-
truction,Project Manager, City of La Porte, no later than thirty
(30) days prior to the date bids are to be opened, if a Contractor is
to be eligible to bid. Thereafter, a new Contractor's Statement
~,.
shall~be filed with Hthe City annually. The financial information
contained in such Contractor's Statement is deemed confidential;
shall not be disclosed by City to the public or to other contractors;
and shall be deemed exempt from disclosure under the Open Records
Act, Art. 6252-17a, V.A.T.S., in accordance with Texas Attorney
General's Opinion No. ORD-309, 1982. The City Council of the City of
La Porte finds that disclosure of the financial information is likely
to have either of the following effects:
(1) to impair the City's ability to obtain necessary
information in the future; or
(2) to cause substantial harm to the competitive position
of the person from whom the information was obtained.
,,x ...z
~ ,~
•
ORDINANCE NO. 1476-A
Page 2
Section 2. Contractors entering bids on City of La Porte
-_ construction projects shall not subcontract more than fifty percent
(50$) of the work on the project, without first obtaining the express
written consent of the City of La Porte.
Section 3. All Contractors (or a representative of the contrac-
` tor} desiring 'to bid on City of La Porte construction projects must
attend a pre-bid conference; otherwise, such Contractor's bid will
be returned by the City unopened.
Section 4. Public notice of prequalification of bidders by the
City of La Porte, shall be published in like manner as invitations to
bidders, and shall not be a substitute for publishing the actual
invitation to bidders on each project.
~~~'' Section 5. `The City Council of the City of La Porte approves
and adopts the forms for Contractor's Statements, attached hereto as
Exhibit "A", incorporated by reference herein, and made a part hereof
for all purposes.
'Section 6. The City of La Porte is interested in determining a
Contractore's "Bidding Capacity" for the purpose of issuing proposals
.. ..__ _.
and awarding contracts. "Bidding Capacity" is determined by multiply-
ing the positive net .working capital, as hereinafter defined, by a
;.~
,:i ,.
factor determined by the City of La Porte. Only those statements
°reflecting a positive net working capital position will be considered
satisfactory for prequalification purposes. "Positive Net Working
Capital" generally is represented by ther excess of current assets
over current liabilities, as shown by a balance sheet examined by an
independent Certified Public Accountant.
Section 7. The City Council of the City of La Porte adopts the
~~,:;~
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.. •.. •
ORDINANCE 1476-A
Page 3
following standards for disqualification of Contractors:
I. AUTOMATIC DISQUALIFICATION
A. Company has no Positive Net Working Capital.
B. Company submits consolidated Statements.
,C. Failure to complete Statements f.n all detail.
,, ; ., ._
D. Company"or personnel on Federal Job Debarment list.
E.•~" Company or personnel on Justice Department list of
•" unacceptable contractors; i.e. convicted of anti-trust
"~ violations.
,.
F. Failure to complete Statements in a truthful manner.
e_ ~_
III. OTHER CONSIDERATIONS FOR POSSIBLE DISQUALIFICATION
,~. _ ~ _.
:.. _, ...
• A. Companies with pending litigation may be disqualified for
,- duration of litigation as deemed to the advantage of the
City by the City's Construction Project Manager.
B.~ Default on contract, or forfeiture of bid bonds or perfor-
'=" -:~ mance bonds.
~ ~~ .._
~: f...,
C.~ Performance record of poor workmanship on previous pro-
~:. jects: , ~ _ _ .
iy
D.~~ Performance record~F of failure to complete warranty work.
E. Bankruptcy or financial reorganization.
.,, , ~, .
°,
,- Section 8. .The City Council officially finds, determines, re-
cites""and declares that a sufficient written notice of the date,
...~
~. ._. c ~.
m., ,
hour," place and subject of this meeting of the City Council was post-
- . ",,:
-x: ;
ed 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
' ,..~,: _ Nom.. ~.,_;:
the Open Meetings Law,~Article 6252-17, Texas Revised Civil Statutes
Annotated; and that this meeting has been open to the public as re-
quired ~by law at all times during which this Ordinance and the sub-
ject 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.
"
:.~.
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Y. . ~_
.,
ORDINANCE NO. 1476-A
Page 4
Section 9. Except as amended hereby, Ordinance No. 1476, passed
and approved October 28, 1985, shall remain in full force and effect.
Section 10: This Ordinance shall be in effect from and after its
passage and approval.
PASSED and APPROVED this the 22nd day of June, 1987.
CITY OF LA PORTE
Norman L. Malone, Mayor
ATTEST:
Cherie Black, City Secretary
APPROVED:
C-~~~-~
Knox W. Askins, City Attorney
a
-_,~R
CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
T0: Mayor Norman Malone &
Members of City Council
•
DATE: June 17, 1987
FROM: Robert T. Herrera City Manager
SUBJECT: Financial Administration and Overview -
(1987 - 1988)
I would like to request a workshop with the City Council on
July 6, 1987 at 6:00 P.M. here at City Hall. This date is not a
regularly scheduled meeting for the Council.
The workshop will cover three areas which require quality time
from City Council to exchange philosophies associated with
municipal management of public funds.
The three (3) areas of selection are:
1. Receive Annual Audit and discuss findings with City
Auditors and City Staff.
2. Review the report prepared by Lewis McLain, Financial
Advisor, and discuss with staff.
3. Receive presentation on effective tax for 1987-88 budget
and determine the level of revenues to fund the existing
services and bond programs.
RTH/jb
•
~""~-~'
w. ~ NS~va~ ~ J~ ~ ~~ i
INTER-OFFICE MEMORANDUM
CITY OF LA PORTE
T0: Robert T. Herrera, City Manager
FROM: Charlene Eldridge,'. evenue Controller
SUBJ: Telecommunications Sales Tax
DATE: June 11, 1987
I have concluded analysis of revenue impact of local option sales
tax for telecommunications. If the City imposed this 1~ tax,
annual revenue benefit would be as follows:
Southwestern Be_l1_ - ~1u,711
Miscellaneous Long
Distance Companies - ~ 5,289
FSTIN!ATED TOTAL X20,000
Research conducted included communications with Southwestern Bell
and the State Comptroller offices.
xc: Robert Stewart, Finance Officer
~"'---fir
~ ~:
INTER-OFFICE MEMORANDiJM
CITY OF LA PORTE
T0: Robert T. Herrera, City "tanager
FROM: Charlene EldridgeC' Revenue Controller
SUBJ: Telecommunications Sales Tax
DATE: JUNE 9, 1987
Telecommunications local sales tax on long distance charges
is an available revenue source not presently being utilized
by the City of La Porte. The City may charge a one percent
sales tax on long distance charges billed to La Porte
residents.
Implementation would begin with adopting an ordinance which
repeals the local sales tax exemption on telecommunication
services. This ordinance would be sent to the State
Comptroller by registered mail. If this repeal is provided
to the State Comptroller by June 30. 1987, the tax will be
imposed on October 1, 1987. Due to present budgetary
constraints, recommendation for consideration of this new
revenue source be reviewed by City Council.
I am presently conducting research to determine the actual
projected revenue impact this tax will provide the City.
When I conclude my analysis I will provide you with an
update.
xc: Robert Stewart, Finance Officer
• •
1
STATE OF TEXAS
COMPTROLLER OF PUBLIC ACCOUNTS
STATE SALES AND USE TAX
Rule 3.344. Telecommunications Services. (§151.008(b), §151.0103, §151.0104,
§151.025, §151.302, §151.305(b), §151.323, art. 1066c §66(1)(f), art. 1118x
§116(B)(c)(7), art. 1118y §16(f)(2)).
(a) Definitions.
(1) Basic local exchange telephone service - The provision by a
telephone company of each access line and each dial tone to a
fixed location for sending and receiving telecommunications in the
telephone company's local exchange network. Services will be
considered to be basic whether the customer has access to a
private line or a party line or whether the customer has limited
or unlimited access. It does not include interstate or intrastate
long-distance telecommunication service.
(2) Interstate long-distance telecommunication - A service which
originates i n thi s state but which i s completed outside Texas or
originates outside this state but is completed in Texas.
(3) Intrastate long-distance telecommunication - A service which
originates in this state and is completed in this state, but does
not include service which originates and is completed in the same
local exchange area.
(4) Seller - Any person selling telecommunications services including
a hotel, motel, owner or lessor of an office, residential
building or development that contracts and pays for
telecommunications services for resale to guests or tenants.
(5) Taxable service - telecommunications services.
(6) Telecommunications services - The electronic or electrical
transmission, conveyance, routing, or reception of sounds,
signals, data, or information utilizing wires, cable, radio waves,
microwaves, satellites, fiber optics or any other method now in
existence or that may be devised, including but not limited to
long-distance telephone service. The storage of data or other
information for subsequent retrieval or the processing, or
reception and processing, of data or information intended to
change its form or content are not included in "telecommunications
services."
(7) Telephone company - A person who owns or operates a telephone line
or a telephone network in this state, charges for its use, and is
Effective Date: December 30, 1985
•
r~ -~
1'
Rule 3.344
Page 2
regulated by the public utility commission as a certificated
provider of local exchange telephone service.
(b) Services Taxable. Sales tax is due on a charge for the following:
(1) enhanced services (metro service, extended area service, multiline
hunting, PBX trunk, etc.). When a person selects enhanced service
over basic local exchange service, the total charge becomes
subject to sales tax;
(2) auxiliary services (call waiting, call forwarding, etc.);
(3) intrastate long-distance telecommunications services;
(4) paging and mobile telephone services;
(5) intrastate telegraph services;
(6) a taxable service paid for by the insertion of coins or tokens
into a coin-operated telephone if provided by a person other than
a telephone company;
(7) sale, lease or rental charges for telecommunications equipment;
and
(8) installation of telecommunications services (service connection
fee).
(c) Services not taxable. Sales tax is not due on charges for:
(1) interstate long-distance telecommunications services. Records
must clearly distinguish between interstate and intrastate long
distance services;
(2) basic local exchange telephone service provided by a telephone
company;
(3) broadcasts by commercial radio or television stations licensed or
regulated by the FCC. See Rule 3.313 concerning Cable Television
Service for the tax status of cable television service;
(4) telecommunications services provided by telephone cooperatives
exempted under Rule. 3.322 concerning Exempt Organizations;
(5) telecommunications services purchased for resale;
(6) a service provided by a telephone company which is paid for by the
insertion of coins or tokens into a telephone provided by a
telephone company;
Effective Date: December 30, 1985
''"`-~.
!`
i
t
Rule 3.344
Page 3
(7) interstate telegraph service; and
(8) separately stated charges for installation of tangible personal
property.
(d) Charges separately stated. Charges for items listed in subsection (b)
of this rule must be separately stated from those charges listed in
subsection (c) of this rule.
(e) Resale of tangible personal property. Tangible personal property
transferred by the provider of the taxable service to the care, custody
and control of the customer will be considered to be resold, and may be
purchased tax free by the provider of the taxable service. Sales tax
must be collected by the provider of the taxable service from the
customer on the charge for such items. See Rule 3.285 concerning Sales
for Resale; Resale Certificate.
(f) Resale of a service. Sales tax is not due on the charge by a telephone
company to a provider of telecommunications services for providing
access to a local exchange network. Sales tax must be collected by the
provider of the taxable service from the customer on the total charge
for the service including the charge for access.
(g) Taxable purchases. Sales or use tax is due on all tangible personal
property used to provide the taxable .service but not transferred to the
care, custody and control of the customer. See Rule 3.346 concerning
Use Tax, Rule 3.281 concerning Records Required; Information
Required and Rule 3.282 concerning Auditing Taxpayer Records.
(h) Local tax. City and Metropolitan Transit Authority (MTA) tax on
telecommunications services is allocated to the location from which the
call originates. If the point of origin cannot be determined, the
local tax is allocated to the address to which the call is billed.
Local tax cannot be imposed on telecommunications services prior to
October 1, 1987. See Rule 3.372 concerning Requirements for Adopting
or Abolishing City Tax and Rule 3.422 concerning Requirements for
Adopting or Abolishing MTA Tax for information on how a city or
authority may impose local tax on telecommunications services after
October 1, 1987.
Effective Date: December 30, 1985
Filed with Secretary of State: December 13, 1985
BOB BULLOCK
Comptroller of Public Accounts
Effective Date: December 30, 1985
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~ cities and counties to
depositing their payrolls
directly into their employ-
ees' banks.
"Think of the time that would
be saved," said the EI Paso mu-
nicipal court judge. "It takes time
to prepare individual checks, to
stuff them into envelopes, and to
direct ~2go~it Your Payroil
distribute them. It also takes
time-and it's usually working
time-for people to take their
checks to the bank."
Judge Lobrado noted another
advantage of direct deposit: em-
ployees' pay is usually deposited
in their accounts sooner than if
they have to hand-carry them to
their individual banks.
The judge also suggested that
employees could be given an in-
centive to participate in direct
deposit-such as a cash bonus for
each month or quarter that there
is a high rate of participation.
The bonus would come out of the
savings realized by direct deposit.
Direct deposit can be done
with regular paper checks--one
~~~~ ~~ ~~~c~~l ~~~
~~~~~~r~.~~~~~~~~n~
State law provides that tele-
communication services are sub-
ject to the state sales tax, but are
exempt from all local sales taxes.
However, the law also says
that if a city or county wants to
apply its local sales tax to tele-
communications, it may repeal
that exemption.
October 1, 1987 is the earliest
that the repeal may take effect
and-the tax imposed. If you want
it done by this date, you must no-
tify the Comptroller by June 30,
1987. ''
(Since counties can't even start
collecting a sales tax until January
1, 1988, their repeal wouldn't be
effective until then.)
Here's the procedure for re-
pealing the exemption and placing
your local sales tax on telecom-
munication services.
1. The city council adopts an
ordinance or the commissioners
court passes an order to repeal
the local sales tax exemption on
telecommunication services (for
appropriate wording, see the box
on the facing page).
2. The vote on the ordinance/
order is entered into the minutes
of the governing body.
3. A copy of the ordinance/
check per bank, along with a List
of employees with accounts at
each bank. Or, electronic funds
transfer can be used.
If you want to discuss this idea
with Judge Lobrado, call him at
915-533-1140, or write him at
1500 Montana, El Paso, Texas
79902.
Do you have any "cost-saving'
or "revenue-enhancing" ideas.?
', Share them with other county
and city folks-we'll publish them
and give you full credit.
Call or write: Comptroller's
Local Government Program,
1-800-252-5555, ext. 3-4679, 111
East 17th St., Austin, Texas 78774.
exemption
order is sent to the Comptroller
by United States registered or
certified mail.
4. After the Comptroller re-
ceives the notice, one full calen-
darquarter must elapse. The re-
peal of the exemption then takes
effect and the tax is imposed on
the first day of the next calendar
quarter... . .
Notice must be For exemption to be repealed
received by: on: (For tax to be imposed on:)
June 30, 198? October 1, 1987
September 30, 1987 January 1, 1988
December 31, 1987 April 1, 1988
March 31, 1988 July 1, 1988
June 30, 1988 October 1, 1988
For more information, call the Comptroller toll free 1-800-252-5555.