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Home My WebLink About1987-12-07 Workshop Meeting and Called Regular Meeting It . MINUTES OF THE WORKSHOP MEETING AND CALLED REGULAR MEETING LA PORTE CITY COUNCIL DECEMBER 7, 1987 1. The meeting was called to order by Mayor Malone at 6:00 P.M. Members of C i ty_i:_Q.lJ.D9_iJ:__~rJL~en.t: Mayor Norman Malone, Councilpersons Betty Waters, John Lloyd, Ed Matuszak, Alton Porter, Deotis Gay, B. Don Skelton, Jerry Clarke l:t~mQ~..rJLQL_G..i ty__G..QYDC il Absent: Counc i lperson Mike Shipp Me m be r s 0 f C it Y S t a f f P r e~~gnt : C it Y 11 a nag e r Bob Her r era, City Attorney Knox Askins, City Secretary Cherie Black, Assistant City Manager John Joerns, Assistant to the City Manager Janie Luna, Director of Community Development Joel Albrecht, Director of Parks and Recreation Stan Sherwood, Director of Public Works Steve Gillett, Police Chief Charles Smith, EMS Director Mike Martinez, Human Resources Manager Doug de la Morena, Finance Director Jeff Litchfield, Purchasing Manager Louis Rigby, Revenue Controller Charlene Eldridge, Golf Course Manager Alex Osmond Others Present: Dr. Genie Suhr; Hugh Landrum; Mike Stewart, Entex; Wayne Petroff; Charlie Young; Debbie Welch; Wilbur Crable; Margaret Norris; Dr. Clark and Mr. Huff, Bayshore Hospital; Melissa Doyle, Bayshore Sun; 25 citizens 2. The invocation was given by Counci1person Skelton. 3. The workshop meeting to review areas of citizen concern regarding the "Animal and Fowl" Ordinance (if 1559) was called to order. Dr. Genie Suhr addressed Council, thanking them for their consideration of citizens' concerns regarding the animal ordinance, and asking that minor changes be made to the proposed resolution setting out City policy on the enforcement of the ordinance. Wayne Petroff, Charlie Young, Debbie Welch, Wilbur Crable, and Marguerite Norris addressed Council regarding the animal ordinance. - . Minutes, Workshop and Called Meeting La Porte City Council December 7, 1987, Page 2 4. The workshop meeting was adjourned and the called meeting was brought to order. 5. Council considered approving the minutes of the regular meeting held November 23, 1987. MQtj~_Q_~9~__mg~~_Qy_~oungilperson Waters to ~rove the minutes of November 2i as Dresented. Second by Councilperson Lloyd. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None Before continuing the order of business, the City Manager asked that Janie Luna be allowed to present a report on the review of areas of citizen concern regarding the animal ordinance. Council agreed, and the report was given by Ms. Luna, including staff recommendations. The report is attached to these minutes as back up. Councilperson Skelton requested that the recommendations presented by staff be incorporated into the animal ordinance and that it be brought before Council on January 1 1, 1988. 6. Dr. Clark, representing Bayshore Hospital, recognized La Porte EMS for their outstanding work. He introduced Mr. Larry Huff, new chief executive officer of Bayshore Hospital. Mr. Huff presented the EMS with a plaque and a donation of a portable noxious oxide unit. Mr. Mike Cooper then addressed Council concerning the request of HCS for an extension of HCS's deadline for answering questions asked at the Town Meeting. 7. Council considered approving Ordinance 1566 updating Texas Municipal Retirement System Service Credits. This item had been tabled by Councilperson Porter at the meeting of November 23. e e Minutes, Workshop and Called Meeting La Porte City Council December 7, 1987, Page 3 At this time, Councilperson Waters left the Council table due to a personal interest regarding this item. Motion was made by Councilperson Porter to bring Ordinance~-92ck to the table for action.. Second by Councilperson Skelton. Motion was made by Councilperson Porter to adopt Ordinance 15QQ. Second by Councilperson Lloyd. The City Attorney read: ORDINANCE 1566 - AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF LA PORTE, TEXAS; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS. The vote was taken and the motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Lloyd, Matuszak, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 8. Council considered approving Ordinance 1567 adopting Senate Bill 505 provisions. This item was tabled by Councilperson Porter at the meeting of November 23. Councilperson Porter asked at this time that the ordinance remain tabled until further information is received and since there is no time limit constraint on this item. The City Manager indicated that this item could be held for a workshop and have someone present at that time to answer questions and concerns of Council. Councilperson Waters then returned to the Council table. At this time, the Mayor asked the City Secretary to read a letter from Carrington Weems that should have been e e Minutes, Workshop and Called Meeting La Porte City Council December 7, 1987, Page 4 addressed during item 6. The City Secretary read the letter, and it is included as back up to these minutes. 9. Council considered an ordinance approving an Industrial District Agreement with Union Carbide Industrial Services Company. Motion was made bv Councilperson Waters to adopt Ordinance 1570, authorizing the execution of an Industrial District ~zreement with Union Carbide Industrial Services Company. Second by Councilperson Porter. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 10. Council considered an ordinance authorizing and approving the merger of Entex, Inc., into Arkla, Inc., and authorizing and approving the transfer and assignment by Entex of its franchise to Arkla, Inc. The City Attorney read: ORDINANCE 1571 - AN ORDINANCE OF THE CITY OF LA PORTE, HARRIS COUNTY, TEXAS, AUTHORIZING AND APPROVING THE MERGER OF ENTEX, INC. INTO ARKLA, INC.; AUTHORIZING AND APPROVING THE TRANSFER AND ASSIGNMENT BY ENTEX, INC. OF ITS FRANCHISE TO ARKLA, INC.; AND PROVIDING AN EFFECTIVE DATE. Motion was made bv Councilperson Skelton to adopt Ordinance 121J as read by the City Attorney. Second by Councilperson Clarke. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 11. Council considered approving a resolution establishing policy on enforcement of City of La Porte Ordinance 1559, "Animals and Fowl". The City Attorney read: RESOLUTION 87-27 - A RESOLUTION ESTABLISHING THE POLICY OF THE CITY COUNCIL OF THE CITY OF e e Minutes, Workshop and Called Meeting La Porte City Counc'il December 11, 1987, Page 5 LA PORTE, ON THE ENFORCEMENT OF CITY OF LA PORTE ORDINANCE NO. 1559, "AN ORDINANCE AMENDING CHAPTER FIVE, ANIMALS AND FOWL", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; AND PROVIDING AN EFFECTIVE DATE HEREOF. The City Attorney then read the entire resolution for the benefit of citizens in the audience. Mot ion_\:iaS_lnade by Counc ilperson Skel ton__t..~dopt Resolution 87-27. Second by Councilperson Porter. Motion was made by Councilperson Skelton to amend Section 2 of the resolution to read "...proof in the form of City of La Porte regtsj~.r;?t_tQJ:J.J__or receip.ts.fro.m a veterinarian for rabies vaccination, of more thaQ~~. Second by Councilperson Lloyd. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None MQtj2~~a~_made~ Councilperson Clarke to amend Resolution 87-27 to add a 60-day amnesll_L'-~LiQ~.tJ~J::J.~.9j~.ive from December 11. Second by Councilperson Skelton. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None The main motion was then voted upon, and carried 8 ayes and o nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 12. Council considered approving a resolution urging Texas Legislature to enact enabling legislation under the authority of S.J.R. No. 12, exempting private aircraft not used for the production of income, from ad valorem taxation. e e Minutes, Workshop and Called Meeting La Porte City Council December 7, 1987, Page 6 The City Attorney reviewed the resolution for Council. Motion was made by Councilperson Skelton to adopt Resolution 87-28. Second by Councilperson Clarke. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None The City Manager suggested to Council that perhaps H-GAC or TML could be prevailed upon to lobby for this legislation. Staff was instructed to check with TML on their position regarding this legislation, as it had been noted in a letter from Representative Ed Watson that TML had not been in favor of it. Also, staff will contact Mr. Robert Williams of the school district on a plan regarding the collection of these taxes. 13. Council considered approving a tax refund to Liquid Air. Motion was made by Councilperson Waters tQ approve a tax refund to Liquid Air in the amount of $20,852.06. Second by Councilperson Gay. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 14. Council considered approving a sign permit for Les Marks Mazda. Motjon was made by Councilperson Skelton to approve a sign permit for Les Marks Mazda. Second by Councilperson Clarke. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 15. Council considered approving a sign permit for Bruce Angel Diamond Shamrock. e e Minutes, Workshop and Called Meeting La Porte City Council December 7, 1987, Page 7 Motion was made by Councilperson GaY-~Q~~ove_~9_~ Qgrmit for Bruce Angel Diamond Shamrock. Second by Councilperson Porter*. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 16. Council considered awarding a contract for sanitary sewer rehabilitation - Step III grant - EPA project #C-481176-03-0. Motion was made by Councilperson Lloyd to award the bid for sanitary rehabilitation - Step III grant, to P & M Construction in the amount of $6g6,8~4.g5, plus an 8% cQntin~cy in the amount of $55,750, a total amount of $752,584.g5. Second by Councilperson Gay. The motion carried, 8 ayes and 0 nays. Aye: Councilpersons Waters, Lloyd, Matuszak, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 17. Council considered approving an interlocal agreement with Houston-Galveston Area Council for purchase of medical telemetry. Motion was made by Councilperson Waters to approve an interlocal agreement with Houston-Galveston Area Council. Second by Councilperson Lloyd. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 18. Council considered approving purchase of U.H.F. medical telemetry from Houston-Galveston Area Council. *Corrected at meeting of 1/11/88. e e Minutes, Workshop and Called Meeting La Porte City Council December 7, 1987, Page 8 Motion was made by Councilperson Waters to approve the purchase of medical telE2weta from Houston-Galveston Area Council. Second by Councilperson Lloyd. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 19. Council considered awarding a bid for plastic garbage bags. Motion was made b~ Councilperson Skelton to award the bid for plastic garbage bags to Adams Plastic in the amount of .615 cents Rer pound and that a g-month supply be ordered rather than the normal 6-month supply. Second by Councilperson Gay. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 20. Council considered a consent agenda as follows: A. Consider awarding bid for janitorial service for City Hall B. Consider awarding bid for janitorial service for the Police Administration building C. Consider awarding bid for janitorial service for the PUblic Horks building D. Consider awarding bid for janitorial service for Sylvan Beach Convention Center Motion was made by Councilperson Lloyd to approve the consent agenda as recommended by staff and award all four bids to American Building Maintenance. Second by Councilperson Waters. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Lloyd, Matuszak, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 21. Administrative Reports: The City Manager reported that item A, aircraft taxation, had been covered and that he will meet with Robert Williams next week. e e Minutes, Workshop and Called Meeting La Porte City Council December 7, 1987, Page 9 Mr. Herrera was also proud to announce that Mayor Henry Cisneros, Mayor of San Antonio, would visit in La Porte on March 1 and 2, 1988. He is scheduled to arrive after lunch on March 1 and a breakfast or luncheon meeting on March 3 will be scheduled to meet with local officials and business leaders at Sylvan Beach Convention Center. He also reported that a workshop meeting with Commissioner Jim Fonteno will be held at Sylvan Beach Convention Center in the near future. Mr. Herrera introduced Jeff Litchfield, Director of Finance, and Alex Osmond, Golf Course Manager, to Council. A brief report on the upcoming City Auction to be held on December 12, 1987, was given. 22. Council Action: Councilpersons Lloyd, Porter, Skelton, and Clarke brought items to Council's attention. 23. There being no further business to come before the Council, the meeting was duly adjourned at 8:15 P.M. Re{lZ:~ Cherie Black, City Secretary Passed & Approved this the ;t:;;;~;?~8 N(r::n Malone, Mayor ,. ~ e . CITY OF LA PORTE INTER-OFFICE MEMORANDUM TO: Mayor Norman Malone & Members of City Council DATE: December 3, 1987 THROUGH: Robert T. Herrera, City FROM: Janie Bais Luna.~sistant SUBJECT: City Council ~orkshoP - Animal Ordinance Manager to the City Manager As requested by the City Council at the November 2, 1987 Animal Ordinance Workshop, the attached Animal Control Report addresses the following areas of concern: o current budgeted expenditures and revenues of the City's Humane Division; o potential of using rabies tags veternarians in place of City tags; distributed by o potential of using "Microchip" animal tags; o rev iew of a "one-t ime" registrat ion fee incent i ve for neutered or spa~d animals; and o review of an "amnesty period" of 30 or 60 days for compliance under the newly amended and approved animal ordinance. A complete copy of the City's Animal and Fowl Ordinance is also included for City Council review and information. JBL/jb Enclosures cc: Robert T. Herrera, City Manager John Joerns, Assistant City Manager Charles Smith, Chief of Police e e ANIMAL CONTROL REPORT Introduction As requested by the City Council during a November 2, 1987 Animal Ord inance \'iorkshop, thi s report presents its find ings regard ing the following areas of concern: o cu rrent ex pend i tu res and revenues of the City's Humane Division; o the animal registration process; o "microchip" animal identification tags; o a "one-time" registration fee incentive; and o an "amnesty period" of 30 or 60 days for compliance under the newly amended animal ordinance. Summary - "Animal and Fowl" Ordinance Since February 14, 1927, the City of La Porte has had an "Animal and Fowl" Ordinance. Currently, this ordinance listed under Chapter 5 of the City's Code Book (See Attachment I), was repealed and enacted on March 3, 1977. This ordinance was des igned to protect the citizens of La Porte by establishing various regulations and fines concerning the care and maintenance of all animals and fowl residing within the City's corporate boundaries. Amendments to this ordinance had not been made until August 12, 1987 , in which City Counc i 1 approved Ord inance No. 1559 (See Attachment II). Generally, Ordinance No. 1559 amends the current "Animal and Fowl" Ordinance as it relates to dogs and cats by updating animal fees for dogs (cats are also included), limiting the number of animals (both dogs and cats) to three (3) per household, and adding new regulations and fees for kennels and animal abandonment. e e ANIMAL CONTROL REPORT Page 2 of 9 Humane Division - Revenues and EXDenditures Presently, and as directed by City Code, the City's Humane Division is administered under the auspecis of the City's Police Department. The Humane Division is staffed with a total of three Humane Officers, and are supervised by a Police Sergeant from the Auxilary Services Division of the Police Department. A description of their job responsibilities is shown on Attachment III The FY 1987-1988 approved expenditures and revenues for the Humane Division are as follows: EXPENDITURE ITEMS REVENUES BUDGET AMOUNT $ 81,930 5,220 1,050 5,000 8,315 4,~51 $ 105,866 BUDGET AMOUNT $ 1,500 400 $ 1,900 include new fee Personal Services Materials and Supplies Educational/Travel/Seminar Maint. Bldg./Equip. Professional Services Utilities Total Expenditures *Animal Fines Animal Tags Total Revenues -NOTE: This figure has been adjusted to increases. An analysis of the cost items indicate that revenue from the animal fees have a low cost recovery level of 1.8%. It should be noted that the above revenue figures are based on historic collection amounts. However, the new animal fees have a Dotential of collecting an estimated amount of $14,040 a year which would increase the cost recovery level to 13.3%. This amount is based upon the assumption that a total of 23 animals are retrieved by an owner monthly and that a total of 15 animals are adopted monthly. e e ANIMAL CONTROL REPORT Page 3 of 9 A cost break-down of this assumption using the new fees is as follows: Animals Picked-up (vacinated) = 13 x 40 =$ 520/mo= $ 6,240/yr Animals Picked-up (not vac) = 10 x 50 =$ 500/mo= $ 6,000/yr Animals Adopted and vacinated = 15 x 10 =$ 150/mo= $ 1,800/Yr $1,170/mo= $14,040/yr Table I below, describes the type of activities conducted by the Humane Division during the calendar year 1986. ACTIVITY TABLE I - HUMANE ACTIVITIES MONTHLY AVERAGE ANNUAL Dogs Picked-up 125 Cats Picked-up 6 Wild & Other Animals Picked-up 7 Deceased Animals Picked-up 32 Animals destroyed(UTH) 90 *Animals shipped to Galveston Med. 66 1 ,500 72 84 342 1,080 792 Total Animals Picked-Up 170 2,040 * (NOTE: Animals are sent to Galveston Med. to conduct health experiments. In turn, they proYide the City with 400 pounds of animal food monthly.) Animal ReRistration Process As required by the City Code, the City of La Porte requires all individuals to annually register their pets. This policy was established for two primary reasons, first to reduce the possibility of a rabies epidemic, and second, to be able to identify the animal's owner, in case the animal is impounded by the Humane Division. e e ANIMAL CONTROL REPORT Page 4 of 9 To register an animar, the pet owner must bring proof of vaccination from a licensed veterinarian to City Hall. Once there, the Revenue Collection Clerk receives the registration fee, and logs-in the entry by completing a receipt with the following information: a. owner's residential and telephone number; b. animal tag number; c. amount of fee received from owner; d. name of animal (dog or cat); e. type of animal; and f. coloring of animal. The pet owne r is then given a rece ipt and a metal 1 icense tag. This tag is to be placed on the animal's collar for identification purposes. To insure that the animal is registered annually, the City changes the design and color of the metal license tag. The City's annual registration fee is $5.00 if registered during January to March, and $7.00 during April to December. Information inscribed on the metal tag includes the year issued, the City's name, and the 1 icense number. Howeve r, should the animal not have its rabies vaccination, the owner can purchase a vacc inat ion for a $10 fee from the City's Revenue Collect ion Clerk. This form (see attachment IV) can be redeemed for a rabies vaccination with the City's veterinarian. The pet owner then receives a separate metal license tag to indicate that the animal has been given a rabies vaccination. Information inscribed on the front side of the license tag issued by the veterinarian include: the year issued, the clinic's name, and the license number. The animal's name and the owner's phone number are inscribed on the back side of the license tag. Presently, there are two (2) veterinary clinics in La Porte, and both distribute metal information inscribed similar; however, one side with the animal's license tags to vaccinated animals. The on the front side of the metal tags is of the clinics did not inscribe the back name and owner's phone number. e ANIMAL CONTROL REPORT Page 5 of 9 e Both veterinary clinics -were contacted to discuss the potential of hav ing one metal 1 icense tag. Al though both c 1 in ic s responded that they would assist the City with the identification of pet owners for picked-up animals, one clinic did not agree with the concept that the Vet's metal license tag be. the sole animal identification tag. The veterinarian for this clinic explained that the clinic could only handle a few calls from the City Pound, and felt that the elimination of the City tag would create additional paper work and staff work hours. Surrounding cities and veterinary clinics were also surveyed to determine if which citys required registration, their method of registration, the amount of the registration fee, and the number of metal license tags distributed. The results of this survey are reflected in Table II. TABLE II - CITY REGISTRATION SURVEY City Registration Process Seabrook Owner must register animal at City Hall League City Owner must register animal at City Hall Webster Not Required Bay town Not required Pasadena Registration can be either by mail or in person Deer Park Owner must register animal at City Hall Registration Fees No. of License Tags $2.00 annually (no fee if animal spayed or neutered) 2* $2.00 (no fee if animal spayed or neutered) 2* None 1** None 1** $2.00 2* $1.00 (Jan. 1 - April 1) and $2.00 (after April 1) 2* e e ANIMAL CONTROL REPORT Page 6 of 9 TABLE II - CITY REGISTRATION SURVEY Houston Registration can be done either by mail or in person. $10.00 ($10.00 initial fee if animal spayed or neutered; or $4.00 annual fee if animal spayed or neutered but fee is not desired) 2* *Both Veterinarian and City Tag **Veterinarian Tag Only Overall, the survey determined that a majority of the cities did require animal registration and with the exceptions Webster and Bay town , an imal owners rece i ved two (2) meta 1 1 icense tags. The survey further determined that out of the cities surveyed, only Deer Park and Houston required cat registration. "Microchio" Animal I.D. tags For animal owners interested in a more permanent type of identification tag, the Taymar Inc. of Westminster, Colorada, has developed a microchip implant called "System I.D.". The microchip, about the size of a rice grain, can be implanted into an animal with a syringe, and a hand-held scanner passed four to six inches over the implant will read a 10-digit identification number. Currently, Taymar has donated several scanning units to the Houston City Pound and local humane organizations that have agreed to scan all strays for implants before they are released or destroyed. City staff. contacted both the Houston based System I.D. of Texas Inc., and several users, to discuss the effectiveness of the microchip tag. e e ANIMAL CONTROL REPORT Page 7 of 9 Mr. Chris Criner, Sales Representatiye for System LD. of Texas Inc., explained that the system had been in the development stages for the past six years, and had not been publicly available in Texas until this year. Other states currently using this system are California and Minnesota. The system had not experienced any problems. The users of System I.D. also reported no problems with the system, and highly recommended the purchase of the dev ice. The only concern reported by the users was that not many persons knew about the system. Additionally, the users stated that until recently, horses and cattle \-lere the primary animals implanted with the microchip. For further information, Attachment V provides the cost and explains the procedure of the microchip I.D. system. "One-Time" Registration Fee As reflected in the registration survey, a majority of the cities did provide an incentive fee for neutered or spayed animals. However, the surveyed cities reported that due to the high cost of neutering and spaying an animal, registration fees were not often waived. Additionally, the surveyed cities agreed that the neutering or spaying of animals helped to control the animal population, thereby, reducing the number of unwanted and destroyed animals annually. Close review of the registration process, indicated that the City has registered 254 dogs year-to-date, and on the average, the Revenue Collection Clerk spends approximately 15 to 20 minutes per registration. Presently, the Revenue Collection Clerk is paid an average of $7.50 an hour, which indicates that about $2.48 (33%) of this position's hourly pay may go towards animal registration fees. Therefore, if the City were to adopt a "one-time" registration fee for spayed or neutered animals, the City's financial impact would be minimal, unless of course, all registered animals were neutered or spayed. However, this extreme example would have a positive effect in controlling the animal population. e e ANIMAL CONTROL REPORT Page 8 of 9 Amnesty Period Procrastination is often a part of human nature, and deadlines are difficult to meet for various reasons. In examining the proposed 30 or 60 day "amnesty period" for compliance under the new animal ordinance, City staff found that 60 working days would be a reasonable amount of time for individuals concerned about the care of their animals. The 60 working days would allow sufficient time for both animal owner and City staff to register an animal. It was found that in many instances 30 or 60 working days generally represents the "norm" for compliance in city type actions. Since the ordinance is fairly new, the sixty-day waiting amnesty per iod would be adequate, and allow both staff and pet owners sufficient time to vaccinate, spay, or neuter animal(s) if desired; schedule personal time to visit City Hall and register animal(s); and, other unusual circumstances. Recommendations Based on the report's findings, the following recommendations are suggested for City Council approval: o Since City veterinarians have a difference of oplnlon in the usage of their rabies tag for the purpose of animal identification, it is recommended that the City continue issuing its metal license tags. This action will insure that registered animal(s) have been vaccinated, and that direct access to information concerning a pet owner is available when requested by the City's Humane Division. o It is recommended that the City pursue the concept of "microchip" animal tagging for implementation in future budget years. The "mic roc hip " animal tag is a futuristic tool with a growing market demand. o The neutering or spaying of animals helps to control the unwanted animal population, and as reflected in the report, v ar iou s c it ies prov ide this incent i ve to the public. It is therefore recommended that the City waive the registration fee for pet owner's who neuter or spay their animal(s). However, an initial fee will be required, and pet owner's must continue to register their pet(s) annually to verify vaccination of the animal( s) . e ANIMAL CONTROL REPORT Page 9 of 9 e o To ensure sufficient time is alloted for implementation of the newly amended animal ordinance, a siity (60) working day "amnesty period" is recommended. The "amnesty period" should provide City staff with adequate time to inform the public of the new policy, and allow the community to vaccinate and register all pets. JBL/jb Attachments .\ e ( ( ( -- L1MENT I Chapter 5 ANIMALS AND FOWL* Art. I. City Humane Officer, 81 5.1-5.15 Art. II. Animals and Fowl at Large, 185.16-5.25 Art. IlL Dogs, 81 5.26-5-45 Art. IV. Animals in Private Custody, U 5-46-5-59 Art. V. Bird Sanctuary, II ~70 Art. VI. Wild Animals, II 5-71-5-74 ARTICLE L CITY HUMANE OFFICER See. 5.1. Establishment of office. There shall be and is hereby created the office of humane officer for the City of La Porte. (Ord. No. 1065, 11,8-7-77) See. 5.2. Appointment of humane officer. The chief of police shall appoint and employ a humane officer and such assistants as may be required. Such humane officer and assistants shall be assigned to the city police department, and the compensation of such officers shall be such as is authorized from time to time by the city commis- sion. (Ord. No. 1065, ~ 1, 3-7-77) See. 5.3. Duties of humane officer. It shall be the duty of said humane officer to take up any and all horses, mules, cattle, sheep, swine and goats, or other animals that may be found in and upon any street, alley, or in or upon any vacant or unenclosed lot in said city, and to confine them for safe keeping. Said humane officer shall keep a record of all animals received and discharged by him, giving marks and brands as well as flesh marks, and .Editor's note-Ord. No. 1065, I 1, enacted March 8, 1977, repealed former Ch. 5, Art. I-Art. III, containing regulations relative to animals and fowl generally, and enacted in lieu thereof a new Cb. 6, Art. I-Art. V. Former Art. I-Art. III was derived from Ord. No. 213, U 1, 2, Feb. 14, 1927; Ord. No. 371, Ii 2, 4, 6, 7, April 12, 1949; Ord. No. 416, Ii 1-6, Sept. 7, 1951; Ord. No. 446, I 1, July 17, 1953; Ord. No. 416A, t 1, AprilS, 1965; Ord. No. 986, U 1-3, May 6, 1974. Supp. No. 15 235 ~ -- e . J.,~.. .~ I 5-3 LA Poe CODE ( I 6-6 when any animal is taken from the custody of the humane officer by any owner or his agents, such owner or agents shall sign a receipt for the animal or animals so taken, giving a description corresponding with the records in charge of the humane officer, and state on such receipt the amount .paid as charges against such animal or animals. (Ord. No. 1065, 11, 3-7-77) See. 5-4. Powers of citizens and officers. Any officer or citizen of the City of La Porte is hereby authorized to take up and deliver to the humane officer any animals mentioned in this chapter and that may be found running at large in the corporate limits of the city. (Ord. No. 1065, 11, 3-7-77) See. 5-5. Fees. For each and every animal, other than dogs, taken and impounded there shall be paid to the City of La Porte by the owner thereof of his agents the sum of fifteen dollars ($15.00) for the taking up and impounding of same, and the further Bum of two dollars ($2.00) per day for each and every day except the first day that the animal shall remain in the custody of the humane officer. Such fee being charged for the purpose of covering the costs of feeding and caring for such animal, and when such animal or animals are sold in accord- ance with thp. pro.visions of this article, the furth.~r sum nf two dollars ($2.00) Bhall be cttargea. tor selling same. And further, for each male animal capable of breeding, such as boars, stud horses, jacks or bulls, found running at large and impounded, there shall be an additional charge of five dollars ($5.00) each which shall be paid by the owner or his agent for the impounding of same. (Ord. No. 1065, 11, 8-7-77) See. 5-6. Rights of owners of impounded stock. Any person who may own any animal heretofore named which has been impounded shall have the right to take posses- sion of such animal by applying to the humane officer and paying the fees hereinabove provided for. (Ord. No. 1065, ~ 1, 3-7-77) ( Supp. No. 15 236 ( ~ -- -c ( ( ---- A 5-7 A.ALS AND FOWL A 5-16 See. 5.7. Sale of impounded stock. If the owner of the animal impounded as hereinbefore pro- vided for does not either in person or by his agent, apply for possession of such animal within ten (10) days from the date of impoundment, then the humane officer shall sell the said animal to the highest bidder at public auction, and the proceeds of such sale be delivered to the City of La. Porte. (Ord. No. 1065, ~ 1, 3-7-77) Sec. 5~8. Duties of the humane officer as to impounded stock. It shall be the duty of the humane officer when any animal mentioned in this article is impounded to immediately give notice by posting an advertisement on the bulletin board of the city hall, describing such animal and stating that if the same is not called for within ten (10) days, and charges for taking, keeping and advertising the same are not paid, it will be sold according to law. (Ord. No. 1065, ~ 1, 3-7-77) See. 5-9. Disposition of fees. The money received for impounding, keeping and selling all stock impounded shall be paid to the City of La Porte and receipt taken therefor, such money to be credited to the general fund of the city, and when any owner or agent shall apply for the proceeds' of any animal or animals sold, upon making satisfactory proof before the city commission within six (6) months after the date of sale, that such animal or animals at the time the same were impounded were their property, then the city commission shall allow the claimant such an amount as shall appear to be due after deducting the charge of impounding, feeding, and selling said animal. All monies not so claimed shall escheat to the city. (Ord. No. 1065, ~ 1, 3-7-77) Sees. 5.10-5-15. Reserved. ARTICLE II. ANIMALS AND FOWL AT LARGE Sec. 5-16. Animals to be impounded. It shall hereafter be unlawful for any person to allow or permit any cow, calf, steer, bull, bullock, heifer, sheep, supp. No. 8 237 ~ -- e -- A 5-16 LA POR. CODE A ,5-26 goat, hog, horse, mare, colt, mule, jack, or jenny owned or controlled by said person to run at large, or be herded in or upon any street, or alley or in or upon any unenclosed vacant lot or common within the corporate limits of the city, or to stake out any of the animals above mentioned upon any unenclosed lot or common, or any street or alley in the city limits. (Ord. No. 1065, ~ 1, 3-7-77) Sec. ,5-17. Fowl at large. It shall be unlawful for any person or persons, association of persons, firm or corporation to permit, suffer or allow any chickens, ducks, turkeys, geese or other fowl, owned, kept or possessed by them or under their control to wander in or upon or invade the premises of any other person, association of persons, firm or corporation within the corporate limits of the City of La Porte, unless the owner or person in charge of said premises shall consent thereto. (Ord. No. 1065, ~ 1, 3-7-77) Sees. 5.18-5-25. Reserved. ARTICLE III. DOGS Sec. 5-26. Definitions. Unless otherwise expressly, stated, the following terms shall, for the purpose of this article, have the meanings indicated in this section: (a) Dogs. Shall mean both male and female animals of the dog kind. (b) Owner. Shall mean any person, firm, association, part- nership, or corporation owning, keepig or harboring an animal or animals of the dog kind. (c) At large. Shall mean a dog that is not confined to the premises of the owner by a substantial fence of suffi- cient strength and height to prevent the dog from escaping therefrom, inside the house, or other en- closure, or secured on said premises by a leash of Supp. No. 8 238 -- ( ( ( e..-;: -c ( ( -- ~ 5-26 ANII.S AND FOWL ~ 5-28 (d) sufficient strength to prevent the dog from escaping from said premises, and so arranged that the dog will remain upon said premises when the leash is stretched to fulllengt~..,. in any direction; provided, however, that a dog shall not be considered "at large'" when held and controlled by some person by means of a leash or chain of proper strength and length to control the actions of the dog, or while confined within a vehicle. Vaccination. Shall bean an injection of a vaccine for rabies, approved by the state veterinarian, and admini- stered by a licensed veterinarian. (Ord. No. 1065, ~ 1, 3-7-77) Sec. 5-27. License and vaccination required. All dogs six (6) months of age or over which are kept, harbored, or maintained by their owners within the corporate limits of the city shall be licensed and vaccinated. Dog licenses shall be isued by the City of La Porte upon payment of a fee of one dollar ($1.00) for each dog, from January 1 through March 31 of each calendar year; after April 1 of each calendar year, dog licenses shall be issued by the City of La Porte upon payment of two dollars ($2.00) for each dog. Before a dog license will be issued, the owner of the dog must present a certificate from a licensed veterinarian showing that said dog has been vaccinated within the preceding twelve (12) months. The owner shall state his name and address, and the breed, color and sex of the dog to be licensed. Said license shall be good for the calendar year, January 1 to December 31. (Ord. No. 1065, ~ 1, 3-7-77) Sec. 5-28. Tag and collar. Upon payment of the license fee, the city shall issue to the owner a iicense certificate and a metal tag having stamped thereon the year for which it is issued, and the number corresponding with the number on the certificate. Such tag shall at all times be securely attached to a collar or harness around the neck of the animal. In case a tag is lost, a duplicate will be issued by the City of La Porte upon presentation of the Supp. No.8 239 .~ -....;: -- . . e '_.il"' . ~ fi 5-28 LA p& CODE ( fi 5-31 receipt showing the payment of license fee for the calendar year. Dog tags shall not be transferable from one dog to an- other, and no refunds shall be made. (Ord. No. 1065, ~ 1, 3:7-77) Sec. 5.29. Running at large. No owner of any dog shall permit such dog to run at large within the corporate limits of the city. (Ord. No. 1065, ~ 1, 3-7-77) Sec. 5.30. Impoundment. Any dog running at large in the City of La Porte, or any dog not provided with a collar or harness to which is attached a metal license tag and a tag furnished by the veterinarian showing that said dog has been vaccinated, shall be impounded by the humane officer, chief of police, or their authorized representatives, in a place provided for that purpose, and if such dog is not called for by the owner within seventy-two (72) hours after impoundment, the dog shall be destroyed humanely. The owner of any dog impounded shall be per- mitted to reposses such dog upon the payment to the City of La Porte of a pound fee of five dollars ($5.00), if the dog is currently vaccinated and licensed as required by this Code. If the dog is unvaccinated the pound fee shall be ten dollars ($10.00), and the dog shall be vaccinated and licensed as re- quired by this Code, at the owners expense, before it shall be released to the owner. The owner shall have the burden of proof as to vaccination and licensing. If the impounded dog is a female in heat" the pound fees above provided for shall be doubled. (Ord. No. 1065, ~ 1, 3-7-77) ( Sec. 5-31. Confinement of certain dogs. No do~ of fierce, dangerous, or vicious propensities, nor a female dog in heat shall be allowed upon any street, sidewalk, park or other public place in the city, whether or not said dog is under control by means of a leash, chain or otherwise. This section shall not apply to such dogs when confined within a vehicle. (Ord. No. 1065, ~ 1, 3-7-77) Supp. No. 8 ( 240 ~ -- -c c ( __'Xli", . ,'::.~-. i 5-32 AALS AND FOWL i 5-35 See. 5.32. Vicious dogs. Any dog which has bitten two (2) or more persons shall be deemed to be vicious, and shall be removed from the corporate limits of the city within twenty-four (24) hours from the time notice is given to the owner; otherwise, the dog shall be impounded and destroyed in a humane manner. (Old. No. 1065, ~ 1, 8-7-77) Sec. 5.33. Procedure when dog bites person. If a dog has bitten, scratched or otherwise attacked a person, the owner of such dog, or any person having knowledge of such incident, shall immediately notify the chief of police and the humane officer, and such dog shall be confined in the city pound or a veterinary hospital for a period of ten (10) days at the owner's expense, or shall be immediately and securely confined by the owner by tying with a chain of good quality for a period of ten (10) days in such a place that no person or animal may be bitten by it, and such dog shall, during such period of confinement, be subject to inspec- tion from time to time by the humane officer or a licensed veterinarinan. (Ord. No. 1065, ~ 1, 3-7-77) See. 5.34. Quarantining of animals exposed to rabies. Any animal that has rabies or symptons thereof, or that is suspected of having rabies, or that has been exposed to rabies, shall, at the owner's option, and at the owner's expense, be at once delivered to the humane officer for disposal, or confined in a veterinary hospital, or immediately and securely confined by tying with a chain of good quality, and kept under supervision of the humane officer for a period of not less than sixty (60) days. (Ord. No. 1065, ~ 1,8-7-77) Sec. 5.35. Reporting rabid dogs. It shall be the duty of all practicing veterinarians to report to the humane officer all cases of rabies with which he comes in contact or to which his attention has been directed. This report shall be made immediately upon diagnosis or suspicion of such cases of rabies. (Ord. No. 1065, ~ 1,3-7-77) Supp. No.8 241 .....,;: --. e "f~.'.; -- ~ 5-36 e LA PORTE CODE .~ 5-47 ( Sec. 5-36. Barking dogs. Any person who shall harbor or keep on his premises, or in his control, any dog which by loud or unusual barking or howling, shall cause a breach of the peace and quiet of the neighborhood, or the occupants of surrounding premises to be disturbed, shall be guilty of a misdemeanor. (Ord. No. 1065, ~ 1, 3-7-77) Sec. 5.37. Destruction of certain dogs authorized. Any police officer or humane officer, or their designated assistants, may kill any dog suspected of having rabies, or any dog manifesting a disposition to bite when such dogs are found at large. (Ord. No. 1065, ~ 1, 3-7-77) Sees. 5.38-5.45. Reserved. ARTICLE IV. ANIMALS IN PRIVATE CUSTODY See. 5-46. Cruelty to animals. If any person shall hereafter within the limits of the City of La Porte, Harris County, Texas, willfully or wantonly kill, maim, wound, disfigure, poison, or cruelly and unmercifully beat or abuse any horse, ass, mule, cattle, sheep, goat, swine, dog or any other domestic animal, or any other domesticated bird; or over-ride, over-drive, overload, or in any other manner mistreat such animal, or fail to provide the same with proper food, drink or ~helter, or shall drive or work or otherwise use such animal when same is maimed, wounded, sick or other- wise unfit for work, or shall willfully abandon any such animal or bird to die, or shall leave the same tied up or confined without proper feeding and caring for same, he shall be deemed guilty of a misdemeanor. (Ord. No. 1065, ~ 1, 3-7-77) ( Sec. 5.47. Exceptions. This chapter is not to be construed to prevent police officers from killing dogs when entitled to do so by the statutes of the State of Texas, or by any ordinance of the City of La Supp. No.8 ( 242 e....::;: -- .c fi &-47 e ANIMALS AND FOWL fi 5-51 Porte now in effect, or that may be hereafter enacted. (Ord. No. 1065, ~ 1, 3-7-77) See. 5-48. Animals having glanders to be killed. It shall be the duty of the humane officer to seize and kill all animals of the horse and ass species diseased with glanders or farcy in" all cases where the owner or person in charge of said animals shall fail or refuse to immediately place or keep said animal in secure confinement, separate and apart from all other stock by at least two hundred (200) yards. (Ord. No. 1065, ~ 1, 3-7-77) ( Sec. 5-49. ~nhna1s suspected of glanders to be quarantined. In all cases where there are good reasons to believe that any animal of the horse or ass species has taken, or is liable to take, from contact glanders or farcy, or has any disease liable to turn into either of said diseases, it shall be the duty of the said hu. mane officer, upon failure or refusal of the owner or owners, to have said animal placed and kept in secure confinement, sepa- rate and apart at least two hundred (200) yards from all other stock, at the expense of the owner of said animal, until said animal shall be thoroughly cured or declared to be diseased with glanders or farcy. (Ord. No. 1065, ~ 1,3.7-77) . Sec. 5:-50. GI~g~.r8: how d~~~i~.d~ For the purpose of determining whether any animal is diseased with farcy or glanders, or any disease liable to turn into either of said diseases, it shall be the duty of the humane officer to employ a competent veterinarian to examine and condemn said animal at the expense of the city. (Ord. No. 1065, ~ 1,3-7-77) ( Sec. 5-51. Stables, etc., to be disinfected. It shall be the duty of every person or persons owning any yard, lot, stable or other building in which animals diseased with farcy or glanders may have been fed or kept, to immediately thor- oughly disinfect and cleanse said yard, lot, stable or building, whenever notified by the humane officer to do so; and any person Supp. No. 15 243 ~ .~ -- -c :-:.~".;< ( ( -- t 5.72 AALS AND FOWL t 5.74 Sec. 5-72. Caging. It shall be unlawful for anyone to keep or harbor any wild animal within the city limits unless the same is kept in a cage in a safe manner and in secure quarters or cage sufficient to contain such animal at all times. No such animal shall be housed within one hundred (l00) feet of any property line. (Ord. No. 1401, ~ 1(b), 3-14-84) Sec. 5-73. Prohibition against running at large. It shall be unlawful for anyone who owns, raises or keeps any wild animal to allow the same to be at large outside of its secure quarters or cage. In the event such animal is discovered outside of the secure quarters or cage, it shall be presumed that the person who owns, raises or keeps the same, willfully allowed it to roam at large outside the secure quarters or cage. (Ord. No. 1401, t l(c), 3-14-84) Sec. 5-74. Registration. Any person keeping a wild animal within the city limits shall register the same with the chief of police within seven (7) days of bringing such wild animal within the city limits. Registration information shall include name, street address, and telephone number of the person keeping the wild animal; the kind of ani- mal; type of quarters or cage; and location of quarters or cage on the person's premises. (Ord. No. 1401, ~ l(d), 3-14-84) Supp. No. 15 [The next page is 267] 245 ~ --.. ~ -: . .,.. tt e e r ATTACHMENT II ORDINANCE NO. I jS'1 . AN ORDINANCE AMENDING CHAPTER FIVE, "ANIMALS AND FOWL", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, AMENDING SECTION 5-5, "FEES": AMMENDING ARTICLE III "DOGS": BY ADDING THERETO SECTIOt-; 5-38, "RESTRICTION ON NUMBER OF DOGS AND CATS IN PROXIMITY TC RESIDENCE OF ANOTHER": BY ADDING THERETO SECTION 5-52, "ABANDON- MENT OF ANIMALS PROHIBITED": BY ADDING THERETO ARTICLE VII, "KENNELS AND PET ESTABLISHMENTS": PROVIDING THAT ANY PERSO~ VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANy SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00): FINDING COMPLI- ANCE WITH THE OPEN MEETINGS LAW: PROVIDING A SEVERABILITY CLAUSE: AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY TRE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Chapter Five, "Animals and Fowl," of the Code 01 Ordinances of the City of La Porte, is hereby amended. by amendin( section 5-5, "Fees" , to read as follows, to-wit: Sec. 5-5. Fees For each and every animal, other than dogs and cats taken and impounded there shall be paid to the City of La Porte by the owner thereof or his agents the sum of Thirty-five dollars ($35.00) for the taking up and impounding of same, and the further sum of Five dollars ($5.00) per day for each and every day except the first day that the animal shall remain in the custody of the Humane Officer. Such fee being charged for the purpose of covering the costs of feeding and caring for such animal, and when such animal or animals are sold in accordance with the provisions of this article, the further sum of Ten dollars ($10.00) shall be charged for selling same. And further, for each male animal capable of breeding, such as boars, stud horses, jacks or bulls, found running at large and impoun- ded, there shall be an additional charge of Fifty dollars ($50.00) each which shall be paid by the owner or his agent for the impounding of same. Section 2. Chapter Five, "Animals and Fowls", Article II of the Code of Ordinances of the Ci ty of La Porte, is hereb amended to read as follows, to-wit: ARTICLE II!. DOGS & CATS Sec. 5-26 Definitions Unless otherwise expressly stated, the following terms shall, for the purpose of this article, have the meanings indicated in this section: r;: ~~- e e r Ordinance No. I ~:)9 , Page 2. (a) Cats. Shall mean both male and female animals of the feline kind. (b) Dogs. Shall mean both male and female animals of the canine kind. (c) Owner. Shall mean any person, firm, association, partnership, or corporation owning, keeping or har- boring an animal or animals of the dog or cat kind. (d) At large. Shall mean a dog that is not confined to the premises of the owner by a substantial fence of sufficient strength and height to prevent the dog from escaping there- from, inside the house, or other en- closure, or secured on said premises by a leash of sufficient strength to prevent the dog from escaping from said premises, and so arranged that the dog will remain upon said premises when the leash is stretched to full length in any direction; provided, however, that a dog shall not be con- sidered "at large" when held and con- trolled by some person by means of a leash or chain of proper strength and length to control the actions of the dog or while confined within a vehicle. (d) Vaccination. Shall mean an injection of a vaccine for rabies, approved by the state veterinarian, and administered by a licensed veterinarian. Sec. 5-27. License and vaccination requlred. All dogs and cats six (6) months of age or over which are kept, harbored, or maintained by their owners within the corporate limits of the city shall be licensed and vaccinated. Licenses shall be issued by the City of La Porte upon payment of a fee of five dollars ($5.00) for each dog or cat from January 1 through March 31 of each calendar year; after April I of each calendar year, dog or cat licenses shall be issued by the City of La Porte upon payment of seven dollars ($7.00) for each dog or cat. Before a license will be issued, the owner of the dog or cat must present a certificate from a licensed veterinarian showing that said dog or cat has been ~, ~ e e r Ordinance No. I ~-5"1 , Page 3. vaccinated within the preceding twelve (12) months.. The owner shall state his name and address, and the breed, color and sex of the dog or cat to be licensed. Said license shall be good for the calendar year, January 1 to December 31. Sec. .5-28. Tag and collar. Upon payment of the license fee, the city shall issue to the owner a license certificate and a metal tag having stamped thereon the year for which it is issued, .and the number corresponding with the number.on the certificate. Such:tag shall at all times be securely attached to a collar or harness around the neck.of the animal. In case a tag is lost, a.duplicate will be issued by the City of La Porte upon presentation of the teceiptcshowing.the payment of licen~e ,fee .for t~e. calendar year. Tags shall. not. be'. transferable from one dog or cat.to a~other,and no refunds shall be made. . sec. 5-29. Running at Large. No .,owner of any dog shall permi t such dog to run at'large within the corporate limits of the city. sec. 5-30. Impoundment. Any dog running at large in the City of La Porte, or any dog or cat not pro- vided with a collar or harness to which is attached a metal license tag and a tag furnished by the veterinarian show- ing u.that said'dog or-cat has been vacci- nated, shall-be impounded by the Humane Officer, chief of police, or their authorized representatives, in a place provided for that purpose, and if such dog or cat is not called for by the owner within seventy-two (72) hours af- ter impoundment, the dog or cat shall be destroyed humanely. The owner of any dog or cat impounded shall be permitted to reposses such dog or cat upon the pay- ment to the City of La Porte of a pound fee of thirty-five dollars ($35.00), and the further sum of Five dollars ($5.00) per day for each and every day except the first day that the animal shall remain in the custody of the Humane Officer, if the dog or cat is currently vaccinated and licensed as required by this Code. If the dog or cat is unvaccinated the pound ~:.. - e tit r Ordinance No. Irs'! , Page 4. fee shall be Forty-f ive dollars j$45.00), and the further sum of Five dollars ($5.00) per day for each and e~ery.day except the first day that t~e animal shall remain in the cus- tody of the Humane Officer, and the dog or cat shall be vaccinated and licensed as required by this Code, at the-owners- expense, before it shall be released to the owner._ The owner shall have the burden of proof as to vaccination and licensing. If the im- ~otinded dog or cat is a female in heat, the pound fees above provided for shall be doubled._ se.c4.5-31.. Confinement of certain doas or cats. . .' ..- No dog. o'r c.at~ of fierce, dangerous, or vicLous p,ropensities, nor a female dog. or cat in heat sh.all be allowed upon Einy s'tr.e:et, sTd.ewalk,: park or other .public .place. Tn~ the. city, whether or not said dog or cat is under control by means of a leash, chain.or otherwise. This section shall not apply to such dogs or cats when confined within a vehicle. sec. 5-32. Vicious dogs or cats. Any dog or cat which has bitten two H(2) or more -persons shall be deemed vicious, and shall be removed from the corporate limits of the city within twenty-four (24) hours from the time no- tice is given to the owner1 otherwise, the dog or cat shall be impounded and destroyed in a humane manner. Sec. 5-33. procedure when dog or cat bites person. If a dog or cat has bitten, scratched or otherwise attacked a person, the owner of such dog or cat or any person having knowledge of such incident, sha1l immediately notify the chief of police and the Humane Officer, and such dog or cat shall be confined in the city pound or veterinary hospital for a period of ten (10) days at the owner's expense, or shall be immediately and securely confined by the owner by tying with a chain of good quality for a period of ten (10) days in such a place that no person or animal may be bitten by it, and such dog shall, during such period of confinement, be subject to inspection t"Z,. ~ e e r Ordinance No. I:J-S-'; , Page 5. from time to time by the Humane Officer or a licensed veterinarian. Sec. 5-34. Quarantining of animals exposed to rabies. Any animal that has rabies or symp- ... toms thereof, or that is suspected of having rabies, or that has been exposed to rabies, shall, at the owner's option, and at the'owner's expense, be at once delivered to the Humane Officer for dis- posal, or confined in a veterinary hos- pital, or immedately and securely con- fined' by. tying with. a. chain of good quality, and kept under supervision of the Humane Officer for a period of .n-9.~.!.~s~ than...si~~y.-l~~.l. ?ays~..._.._. sec. 5-35. "Ffeporting rabid animals. It sh~ll. be' the duty of. all prac- ticing veterinarians to report to the Humane-Officer all cases of rabies wi,th w'h.ich he comes in. contac!; or to which his attention has been directed. This report shall be made immediately upon diagnosiS or suspicion of such cases of rabies. Sec. 5-36. Barking dogs. - -Any person ..who shall harbor or keep on his premises, or in his control, any dog which by loud, prolonged or repeti- tive barking or howling, shall cause a breach of the peace and quiet of the neighborhood, or the occupants bf sur- rounding premises to be disturbed, shall be guilty of a misdemeanor. Sec. 5-37. Destruction of certain dogs or cats authorlzed. Any police officer or Humane Officer, or their designated assistants, may kill any dog or cat suspected of having rabies, or any dog or cat manifesting a disposition to bite or scratch when such dogs or cats are found at large. section 3. Chapter Five, HAnimals and Fowl,H of th( Code of Ordinances of the City of La Porte, is hereby amende, by adding thereto new Section 5-38, Restriction on Number 0 Dogs and Cats in proximity to Residence of Another, to read a follows, to-wit: ~ : - e e r urdinance No. 1~-!:J(1 , Page 6. Sec. 5-38. Restriction on Number of Dogs and Cats in Proximity to Residence of Another. (al No person shali harbor at any time more than three (3l dogs or cats over the age of six (6}'months each in any place in the City, except a duly licensed and permit- ted breeding kennel, boarding kennel, veterinary-hospital, or pet establishment.* Section 4. Chapter p~ve, "Animals and Fowl-, of the Code of ordinances of the City of La Porte, 1s hereby am.ended by adding thereto new Section 5-52, "Abandonment of Animals prohi- bited" ~ re~P9.:.~~n~. viola_t:io~! ,_to _~ead a~ follows, to-wit: Sec. 5-52. Abandonment of Animals .. Prohibited. ."'(al It shaiLbe deemed unlawful for .any' person' tO"abandonor drop any animals in: the City of La Porte. (bl Any animal found to be restrained in such a way that it does not have access to air, food, water, and shelter adequate to marnt::ainlife' and health shall be con- sidered to be abandoned and shall be impounded. (c) It shall be the duty of every person to report immediately to the humane department, the location and description of any animal which is in violation of this section. Section 5., _ Chapter Five, "Animals and Fowl," of the COdE of Ordinances of the City of'La Porte, is hereby amended b~ adding thereto new Article VII, Kennels and Pet Establishments, to read as follows, to-wit: ARTICLE VII. KENNELS AND PET ESTABLISHMENTS Division 1. Generally Sec. 5-81. Definitions For the purpose of this article, the fol- lowing definitions and meanings shall apply. * See the Zoning Ordinance of the City of La Porte, Ordinanc No. 1501, Code of Ordinances, City of La Porte, for locationa requirements for kennels, vetinary hospitals, and pet esta blishments. ~ .~~ e e r Ordinance No. /5"5"'1 , Page 7. ___Veterinarv _ltosoi tal. .The term. veterinary hospital Ilu!!ans.a.place where pet animals or livestock ~retreated for disease or injury, or pet animals are boarded under the supervision o~ ..a licensed veterin.a.rian. Kennel. The term kennel means any lot, enclosure, premises, structure or building whereon three (3) or more dogs and/or cats over th~ age of (4) months are kept or maintained for any purpose whatever, ex- cept a veterinary hospital operated by a .~raduate veterinarian duly licensed by the~ state Board of Veterinary examiners; or the impound facility operated by the City of La Porte. Pet Establishment. The term "pet establish- ment" ~hall mean any shed, building, store, lot or other place within the city where .:pe.t.: an imals...are: sold ,oLfered. .for sale or bred for $.ale..or .distribution. Pet Animal. - The term "pet animal" shall mean any mammal, bird, amphibian, reptile or other animal commonly kept as a house- hold pet and not governed under Article II as livestock or Article VI as a wild animal. .Division 2. License Sec. 5-86 Requirement It shall be unlawful for any person to maintain, keep or possess a kennel or pet establishment without first obtaining a license under the provisions of this division. Sec. 5-87 Application Application for a kennel or pet establish- ment license shall be filed with the code enforcement officer and shall contain all information reasonably necessary to determine the size, number, type and arrangement of the facilities as well as the identity and business history of all applicant{s). Such application shall be in a form dictated by the code enforcement division. all struc- tures submitted for application as a kennel or pet establishment either existing or planned construction must conform to all the building codes promulgated by the code enforce- ment division. Sec. 5-88 Fees The fee for a kennel license shall be as follows. ~, - e e r Ordinance No. ;55"1 , Page 8. (1) For a kennel of less than five (5) animals, Twenty-five Dollars ($25.00) per year or a fraction thereof. (2) For a kennel of five (5) to ten (10) animals inclusive, Thirty Dollars ($30.00).per year or a fraction thereof. (3) For a kennel of eleven (11) to fifteen (15) animals, inclusive, Thirty- five Dollars ($35.00) per year or a fraction thereof. (4) For a kennel of sixteen (16) to twenty~ (20) animals, inclusive, Forty . bollars-($40~00) per year or,a fraction' thereof~ (5) For a kennel of over twenty (20) animals, Fi~ty Dollars ($50.00) per year (ir--a-rrac.tion. thereof., s~chii~~n~e sh~ll be for the calendar year.or-a~y part ther~of during which a kennel is maintained, and shall be due and payable in advance on or- before- February. fifteenth ( 15J~oof'-each-year. Sec. 5-89. Inspection prerequisite to issuance No kennel or pet establishment license shall be issued until an inspection of the premises is made by.the chief Humane Officer and the premises are found to be sanitary and that the kennel or pet establishment complies with all city ordinances and state laws governing possession or sale of animals. Sec. 5-90 Issuance; contents Upon payment of the prescribed fees and compliance with all other requirements estab- lished~th. Humane Officer shall issue a kennel or pet establishment license to the applicant. Such license shall contain the name and address of the licensee and of the kennel or pet establishment, the number of the license, date issued and amount paid therefor. Sec. 5-91 Posting of license A license issued under this article shall be posted at all times in a prominent place in the kennel or pet establishment for which it is issued. Sec. 5-92 Not transferable A license under this division shall not be transferable and shall not authorize any person other than the person to whom it is ~.- - e It r- uLdinance No. 15"5"9 , Page 10. appeal within ten (10) days shall constitute a sustaining and affirmation of the suspen- sion or revocation. Sec. 5-97 Reinstatement after suspension Every suspended kennel or pet establish- ment license shall be reinstated promptly upon correction or removal of the viola- tion(s) specified in the notice of suspen- s ion. Sec. 5-98 Removal of animals after revocation All animals .must be removed from a kennel or'pet establishment whose license has been revoked, suspended or denied within ten (10) days of the date of revocation, suspension, denial or appeal 'unless the license has been reissued. No kennel or pet establishment license will be issued to a licensee whose license has been revoked within one calendar year of the date of revocation. Any animal(s) ~~main.i!lg shaJ:L..:;...oe_.lmpP:unde..9-- and. disposed. of. . " .' - section 6. Any person, - -.. - as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Hundred Dollars ($200.00). section 7. The City Council officially finds, determines, recites and declares that a sufficient written notice of the "date, hour, place and subject of this meeting of the City council was posted at a place convenient to the public at the City Hall of the Ci ty for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotatedi 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 8. If any section, sentence, phrase, clause, or ~" ~ e A'ITACHMENT III HUMANE OFFICER e CITY OF LA PORTE DEFINITION To enforce City ordinances governing the licensing, impounding, and shelter of animals; and to collect and transport animals to the appropriate impounding location. SUPERVISION RECEIVED AND EXERCISED Recei ves general superv is ion from a Pol ice Lieutenant. Funct ional supervision is provided by a Police Sergeant. EXAMPLES OF DUTIES - Duties may include, but are not limited to, the following: Patrol streets and roads in a small truck and look for stray dogs and other animals. Explain ordinances relating to animals to the public. Collect and transport stray or injured animals to animal shelter as necessary. Perform operational activities at animal shelter, including cleaning kennels, feeding animals, and responding to public inquiries. Humanely dispose of sick and injured animals. Investigate reports or complaints of dogs, cats, or other animals creating nuisances and take appropriate action. Issue citations to owners of nuisance-creating animals. Interview victims, complainants, and witnesses; gather and preserve evidence. Recognize animal diseases and symptoms. Remove dead animals from public roads and perform proper disposal activities. Maintain and clean animal control vehicle, shelter, and related equipment. Testify in court as necessary. Prepare and maintain a yariety of records and reports. Perform related duties as assigned. e e CITY OF LA PORTE Humane Officer (Continued) QUALIFICATIONS Knowledge of: Various breeds of dogs, cats, and other domestic and wild animals. Animal behavior. Basic methods of animal collection. Use and care of drugs used to eauthanize diseased and injured animals. General law enforcement functions and procedures. Ability to: Learn, interpret, and understand laws and regulations. Learn and effectively develop skills in the humane treatment of animals. Perform a variety of animal shelter operation activities. Provide assistance to law enforcement and emergency personnel in a variety of capacities. Communicate clearly and concisely, both orally and in writing. Accurately observe and remember names, places, incidents, people, and animals. Establish and maintain effective relationships with those contacted in the course.of work. Perform duties with a significant degree of independence within established guidelines and procedures. Experience and Training Any combination of experience and training that would likely prov ide the requ ired knowledge and abil it ies is qual ify ing. A typical way to obtain the knowledge and abilities would be: Experience: One year of experience in the care and handling of animals. e e CITY OF LA PORTE Humane Officer (Continued) Training: Equivalent to completion of the twelfth grade. License or Certificate: Possession of, or ability to obtain, an appropriate, valid Texas driver's license. APPLICATION: Resumes or applications must be submitted to the City of La Porte's Human Resources Division. EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION EMPLOYER . , ~- EN lEX. P. o. BOX 937. LA PORTE, TEXAS 77571 December J, 1987 Ladies and Gentlemen: As you may be aware Entex, Inc. and Arkla have agreed to merge, with Arkla being the surviving corporation. Because of this merger Entex is requesting that the City of La Porte approve the assignment of the EntexFranchise to Arkla. ~e feel that this is a good move and will in no way affect the good quality service we provide to the citizens of La Porte and the surrounding areas. A few important facts that you may want to know are as follows: 1. Entex will continue to operate as Entex. 2. Entex headquarters will remain in Houston. J. Entex will be a seperate division of Arkla. 4. Entex will continue to operate with full employment-there is no overlapping of service areas. 5. The merger with Arkla will improve the financial position of Entex. 6. Less capital restraint. If you have any questions regarding this please call me. Sincerely, /)?1.~k ~~ rUke Stewart ;\'Ianager , . \ . . ORDINANCE NO. AN ORDINANCE OF THE CITY OF LA PORTE, HARRIS COUNTY, TEXAS, AUTHORI ZING AND APPROVING THE MERGER OF ENTEX, INC. INTO ARKLA, INC.; AUTHORIZING AND APPROVING THE TRANSFER AND ASSIGNMENT BY ENTEX, INC. OF ITS FRANCHISE TO ARKLA, INC.; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of La Porte, Texas granted a franchise (herein "the Franchise") to Entex, Inc. to use the streets and public ways of the City of La Porte to conduct a - natural gas sales and distribution business, by Ordinance No. 1129 finally passed and adopted on September 20, 1978; and WHEREAS, Entex, Inc. has entered into an agreement with Arkla, Inc. to merge Entex, Inc. into Arkla, Inc.; and accordingly, Entex, Inc. .desires to transfer and assign the Franchise to Arkla, Inc.; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: SECTION 1. Pursuant to (a) the last sentence of Section 109 of the Home Rule Charter of the City of La Porte, Texas, and (b) Section 17 of the Franchise of Entex, Inc., the City Council of the City of La Porte hereby authorizes and approves the merger of Entex, Inc., into Arkla, Inc., and authorizes and approves the transfer and assignment by Entex, Inc. of its Franchise to construct, operate and maintain a gas distribution system in the City of LaPorte to Arkla, Inc. SECTION 2. This ordinance shall take effect on the date of final passage and adoption hereof. . . Passed and approved, this the ___ day of 198 . ATTEST CITY OF LA PORTE By: City Secretary of the City of La Porte, Texas By: Mayor of the City of La Porte, Texas APPROVED: By: City Attorney of the City of La Porte, Texas 2 e _ THE STATE OF TEXAS ~ COUNTY OF HARRIS S I, Cherie Black, the duly appointed, qualified and acting City Secretary of the City of La Porte, Texas do hereby certify: (1) that the above and foregoing ordinance was introduced in written or printed form; (2) that the above and foregoing ordinance of the City of La Porte, Texas was passed and adopted at a regular meeting of the City Council of the City of La Porte, Texas held on the day of , 19_ (3) that written notice of the date, hour, place and subject of said meeting was posted for at least 72 hours preceding the scheduled time of said meeting on a bulletin board located in a place in the City Hall which is convenient and readily accessible to the general public at all times; (4) that the Mayor, Councilpersons , and , and were present at said meeting, constituted a quorum and acted as the City Council throughout; (5) that a majority of the City Council voted in favor of said ordinance; (6) that said ordinance has been approved and authenticated by the signature of the Mayor and is duly attested and authenticated by the signature of the City Secretary; and that the same has been systematically recorded in an ordinance book in a manner approved by the Council. EXECUTED under my hand and the official seal of the Ci ty of La Porte, Texas at said City, this day of , 19 CITY SECRETARY OF THE CITY OF LA PORTE, TEXAS (SEAL) "'Ui.........1 run ~ITY COUNCIL ~ENDA ITEM e Agenda Date Requested: 12/7/87 Requested By: K. Askins Department: Legal Report x Resolution Ordinance Exhibits: Letter from Knox Askins Resolution 87-27 SUMMARY & RECOMMENDATION The workshop regarding citizen concerns regarding the amended animal ordinance has been held. The attached resolution is to establish the policy of the City Council on the enforcement of Ordinance 1559, "Animals and Fowl". Action Required by Council: Adoption of Resolution 87-27 Availability of Funds: N/A General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Funds Available: YES NO Aooroved for City Council Agenda Q~J T. I~ Robert T. Herrera City Manager !'G--\{ -tn DATE " e . .....- - -y 10 JO/V'-'U ~ KNOX W. ASKINS, J. D., P. C. ATTORNEY AT LAW 702 W, !'"AIRMONT PARKWAY P. O. BOX 1218 JOHN D. ARMSTRONG. J.D. ASSOCIATt LA PORTE. TEXAS 77571-1218 TtLtPHONt 713 471-IB8e November 3, 1987 Mr. Robert T. Herrera City Manager City of La Porte City Hall La Porte, Texas Dear Bob: As we discussed, I enclose a preliminary draft of a proposed resolution, establishing the policy of City Council on enforcement of the recent amendments to the animal ordinance, Ordinance No. 1559. I feel that mat<ters which I have addressed in the resolution, will address the principle concerns of the citizens who appeared before City Council at the workshop on November 2nd. In reviewing the ordinance, I really do not feel that we should further amend, or withdraw the enforcement of Section 5-27, on annual licensing, and vaccination and registration with the City. This is a very typical clause, and its main thrust is rabies control, which requires annual vaccination and re-vaccination of the animal. The problem with having the veterinarian issue the City of La Porte Registration, is that the owner of the pet may use veterinarians who do not office in the City of La Porte. In other words,'it would not be practical for the City to attempt to set up a licensing arrangement with every veterinarian in the La Porte area. Also, having veterinarians accept license fees for the City, and remit to the City, presents cash control and audit problems, which I really do not think are worth the effort. Further, I really did not see the point on reduced license fees for spayed or neutered animals, as the thrust of license fees is to enforce the rabies vaccination and re-vaccination. You will note I have put in the resolution that the grandfather clause would start on the effective date of the ordinance, which is a date that has already passed. If you allow a further period of time to pass before the effective date of the grandfather clause, you give a further opportunity for the accumulation of excess dogs and cats. Hopefully, this draft resolution will be a starting point in resolving this matter. I would be hope~ul that it could be circulated among appropriate City staff, City Cou'ncii, and then perhaps with the leaders of the animal owners group fot their comments, so that it could be quickly passed and this matter put to res t . Yours very truly, K~kins City At torney City of La Porte KVJ'A: st e e RESOLUTION NO. 87- PRELIMINARY DRAFT A RESOLUTION ESTABLISHING THE POLICY OF THE CITY COUNCIL OF THE CITY OF LA PORTE, ON THE ENFORCEMENT OF CITY OF LA PORTE ORDINANCE NO. 1559, "AN ORDINANCE AMENDING CHAPTER FIVE, ANIMALS AND FOWL", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte has heretofore, on the 14th day of September, 1987, passed and approved Ordinance No. 1559, an ordinance amending Chapter Five, "Animals and Fowl", of the Code of Ordinances of the City of La Porte. Certain questions have arisen as to the policies and procedures to be followed in the enforcement of such ordinance. The purpose of this resolution is to establish the policy of City Council on these matters. Section 2. Section 5-38 of Ordinance No. 1559, provides that "No person shall harbor, at any time, more than three dogs or cats over the age of six months each, in any place in the City, except a duly licensed and permitted breeding kennel, boarding kennel, veterinary hospital, or pet establishment." It is the intention of City Council that persons residing in residentially zoned areas of the City of La Porte'L~t~.can show proof in the form of City of La Porte /U!tL/~~~~~~~ registrationJof mo~1-th;R tRree dogs or cats, on the effective date of Ordinance No. 1559, shall not be deemed to be in violation of Section 5-38 of the Ordinance, solely because the number of dogs or cats owned by such person was more than three on the effective date of the Ordinance, and may continue to harbor such dogs or cats in excess of a total of three such animals, for the remaining life of such dogs or cats in excess of three, owned by such person and properly registered with the City of La Porte on the effective date of Ordinance No. 1559. Such person shall not have the right to exceed the maximum number of three dogs or cats, after the death or removal of the number of such animals in excess of three. Section 3. It is the intent of City Council that the provisions of Section 5-36, Barking Dogs, and the provisions of Section 5-38, Restricting the Number of Dogs and Cats in Proximity to Residence of Another, shall be enforced on a complaint basis only. It is further the intent of City Council that, in the event of such complaint, that City Humane Officers shall attempt to mediate the matter between the complainant and the owner of the animals in question, prior to filing charges against the owner. Section 4. This Resolution shall be effective upon its passage and approval. e PASSED AND APPROVED this the ATTEST: Cherie Black, City Secretary APPROVED: Knox W. Askins, City Attorney e -2- da y 0 f CITY OF LA PORTE , 1987. Norman Malone, Mayor 4ItREQUEST FOR CITY COUNCIL tltNDA ITEM Agenda Date Requested: 12/7/87 Requested By: K. Askins Department: Legal Report x Resolution Ordinance Exhibits: Resolution 87-28 SUMMARY & RECOMMENDATION The 70th Texas Legislature passed S.J.R. # 12, a proposed constitutional amendment relating to the exemption from ad valorem taxation of certain personal property, including aircraft, not held or used for the production of income. The amendment was subsequently approved by the voters at the general election of November 3, 1987. However, the 70th Texas Legislature failed to enact a enabling legislation under such constitutional amendment. The proposed resolution urges the Texas Legislature to enace enabling legislation under the authority of S.J.R. No. 12, exempting private aircraft not used for the production of income, from ad valorem taxation. Action Required by Council: Adoption of Resolution 87-28 Availability of Funds: N/A General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Funds Available: YES NO Approved for City Council Agenda G~ T. ~G- Robert T. Herrera City Manager \ 1. -'-{ - t6, DATE e e RESOLUTION NO. 87- 28 WHEREAS, the Seventieth Texas Legislature passed S.J.R. NO. 12, a proposed constitutional amendment relating to the exemption from ad valorem taxation of certain tangible personal property, including aircraft, not held or used for the production of income; and WHEREAS, said constitutional amendment was approved by the voters at the general election of November 3, 1987; and WHEREAS, S.J.R. NO. 12 granted authority to the legislature by general law to exempt such personal property from ad valorem taxation; and WHEREAS, the Seventieth Texas Legislature failed to enact a general law as authorized by S.J.R. NO. 12, exempting such personal property from ad valorem taxation; and WHEREAS, the imposition of ad valorem taxes on private aircraft not used for the production of income, at the City of La Porte Municipal Airport, has discouraged owners of such aircraft from basing their aircraft at such airport; and WHEREAS, the failure of the Seventieth Texas Legislature to enact enabling legislation under such constitutional amendment gives local governmental units no legal authority to exempt such personal property, including private aircraft, from ad valorem taxation; and WHEREAS, it is the express policy and desire of the City Council of the City of La Porte that private aircraft based at the City of La Porte Municipal Airport, not used for the production of income, be exempt from ad valorem taxation at the earliest possible date; NOW, 'nIEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte urges the Texas Legislature to enact, at its next regular session, or at its next called session, if called into special session by the Governor, enabling legislation under the authority of S.J.R. No. 12, exempting private aircraft not used for the production of income, from ad valorem taxation. Section 2. The City Secretary is authorized and instructed to forward certified copies of this Resolution to the Honorable Ed Watson, State Representative; the Honorable Chet Brooks, State Senator; and the Honorable Bill Clements, Governor of the State of Texas. PASSED AND APPROVED this the 7th day of December, 1987. CITY OF LA PORTE By: Norman L. Malone, Mayor ATTEST: Cherie Black, City Secretary AP~ -cJ ~ Knox W. Askins, City Attorney e e r-::: " ( ( CITY OF LA PORTE -INTER-OFFICE MEMORANDUM TO: Mayor Norman Malone & Members of City Council DATE: November 25, 1987 FROM: ~ Robert T. Herrera, City Manager SUBJECT: Ad Valorem Taxation of Private Airplanes and Private Boats Enclosed please find an oplnlon letter from our City Attorney in reference to the above subject. In brief, we find ourselves with an approved constitutional amendment which has no legislative enactment to implement it. I have asked our Attor'ney to fur,trey' r-esearch the niatter and br'ief the Counei 1 at j t$ Decembe r' 7tb Spec i a1 Called Counc il Heet. ing. Please don't hesitate to contact. rfle if you l",ave any further questions. RTH/ jb Enclosure: (1 ) It e ~ ( ( '; KNOX W. ASKINS, ..J. D., P. C. ATTORNEY AT LAW 702 W. F"AIRMONT PARKWAY P. O. SOX 121S LA PORTE. TEXAS 77571-1218 TELEPHONE 713 471'ISSe .JOHN D. ARMSTRONG. .J.D. ASSOCIATE November 24, 1987 Mr. Robert T. Herrera City Manager City of la Porte City Hall La Porte, Texas , Re: Ad Valorem Taxation of Private Airplanes and Private Boats Dear Bob: I enclose a copy of S.J.R. No. 12, the proposed constitutional amendment to exempt from ad valorem taxation, property not held for the production of income. Also included in this proposed amendment, was an amendment as to certain personal property temporarily located in the State. You have requested my opinion as to whether City Council needs to take any action during calendar year 1987, to assure the tax exemption of airplanes in 1988. That portion of the amendment is covered in Section 1 (d)(2) and Subparagraph (e) thereof. Some constitutional amendments are self executing, which means that they do not require further legislative action; other constitution amendments are permissive, in the sen~e that they grant discretion or authority to the legislature to pass a general law on the subject, after passage of the constitutional amendment. Of the latter, sometimes the legislature will anticipate the passage of the constitutional amendment, by provisionally passing a law thereunder, which only comes into effect if the constitutional amendment passes. The portion of this constitutional amendment authorized by S.J.R. No. 12, which would exempt from taxation, .property not held for the production of income, was not self executing. Further, a review of the session laws for the 1987 regular session, and the first and second call sessions of the legislature, reveal no provisionally passed legislation on the subject. Essentially, this constitutes an amendment, approved by the voters at the election of November 3, 1987, which states that the legislature "may exempt from ad valorem taxation: (2) subject to Subsection (e) of this section, all other tangible personal property, except structures which are personal property and are used or occupied as residential dwellings and except property held or used for the production of income." . (e) the governing body of a political subdivision may provide for the taxation of all property exempt under a law adopted under Subdivision 2 of Section (d) of this section and not exempt from ad valorem taxation by any other lal.." e e P"'::: ( ( Mr. Robert T. Herrera City of La Porte November 24, 1987 Page 2 In my opinion, no action is required by City Council at this time, nor will action be required in the future, if City Council is in agreement that such tangible personal property as the legislature may hereafter exempt from taxation, except property held or used for the production of income, shall likewise be exempt from ad valorem taxation by the City of La Porte. Subsection (e) essentially is a "veto" power by City Council, in the event that the legislature hereafter should exempt such property, and the City Council does not agree to exempt it from taxation. Subsection (f) and all of the following material in Section 1, has to do with goods in transit, and does not apply to the taxation of airplanes and boats, and similar tangible personal property not used for the production of income. In summary, the constitutional amendment is not self executing, and I find no legislative enactments which would make it effective for 1988, unless perhaps there is a special call session in 1988 which would include that subject on its agenda. You~s very truly, ~ Knox W. Askins City Attorney City of La Porte KWA:st Enclosure '" e e ( t,ij " PROPOSED CONSTITUTIONAL AMENDMENTS SJ.R. 12 Sec. 1. i!l Taxation shall be equal and uniform. 1El All r~al property and tangible personal property in this I I l t; I. State, unless exempt as required or permitted by this Constitution, whether owned by natural persons or corporations, other than municipal, ahall be taxed in proportion to its value, which shall be ascertained aa may be provided by law. . js.l 'l'he Leq1s1ature may provide for the taxation intangible property and may also impose occupation taxes, both upon natural persona and upon corporations, other than municipal, doing any business. in this State. It may also tax incomes of both natural ~' persons and corporations other than municipal, except that persons enqaqed.in mechanical and agricultural pursuits shall never be required to pay an occupation tax. 121 The Legislature by general law shall exempt from ad' valorem taxation household goods not held or used for the production of income and personal effects not held or used for the production of income. The [~-afta-tfteJ Legislature by general law may exempt from ad valorem taxation: - - 111 all or part of the personal property homestead of a family or single adult, "personal property homestead" meaning that personal property exempt by law from forced sale for debt: and (2) sub;ect to Subsection Ce) of this section. all other tangible personal property. exceot structures which are personal property and are used or occupied as, residential dwellings and except property held or used for the production of income. ee) The governing body of a political subdivision may provide for the taxation of all property exemot under a law adopted under Subdivision (2) of Subsection Cd) of this section and not exempt from ad valorem taxation by any other law; el) To promote e~onomic development in the State, tangible personal property consiatina of goods. wares. merchandise. or ores, other than oil. gas; and other petroleum products. is exempt from " ad valorem taxation if: '. el) the property ia transported from outside thia State into this State to be forwarded outside this State. whether or not the A-3 ( of ~ -..-. e e r-:::-~ '." ~ " ..1;.... ~: ~. SJ.lL 12 70th LEGISLAT~REGULAR SESSION, intention to forward the property outside this State was formed. or- the destination outside this State to which the property is .1 forwarded was s~ecified when the transPOrtation of the property - into this State beqan:' (2) the ~ropertv is detained in this State for assembling. storing, manufacturing. processinq. or fabrication purposes; and , (3) the pro~ertv is not located or retained in this State for more than 175 days. (g) Tangible personal property exempted from taxation in .~.. Subsection (f) of this section is subiect to the following: (1) A county, school district, or municipality, includinq a home-rule city. may tax such pro~ertv, located in such political ., subdivision. if' the governing bodY of such named political i subdivision takes official action to provide for the taxation of all or a stated percentaae of the appraised value of such ~ropertv. (2) The above official action to tax all or a percentaqe of the appraised value of such property must be taken by the governing body of such above named political subdlvisions either before January 1. 1988. or before April 1. 1988. If such official action is taken before January 1. 1988, it shall be effective for the tax . , year 1988. However, if such official action is taken prior to April 1. 1988. but after January 1, 1988,'the official action shall not become effective until January 1. 1989. .t" (3) If official action is taken to tax a stated percentage of the appraised value of such property. subject to this ..:.... ~i subsection. 'such property shall not thereafter be taxed by any above named political subdivisions at a higher percentage of the appraised value than was set in such official action. However. any such named political subdivisions may reduce such stated percentage of appraised value thereafter by official action. .", ", ""a"" .,:~. ,If': J>,v.> ~i~;. i)l(?-, , .fIt;-. .,~.;" .~'. . .~~i.< ~i' B !t'tt', .. ,~.;' ~"~f,~?\' . t{, }'. 't.,..: , !,.,. .,;'t.. ." ': ~ _~r~_ ._ (4) Any of the above named political subdivisions shall have the authority to exempt from the payment of taxation on such property located in such above named political subdivisions for the taxing year 1987. " "0 A-4 e e .. ..... .. ( ( l J )POSED CONSTITUTIONAL AMENDMENTS SJ oR. 12__ (Sl Any official action to tax such ~ro~er~y may be :inded b official ac~ion of an of 'such above named 011 tical iivisions. In tha~ event, such ~ro~ertV loca~ed in such school dis~rict. or munici~alit shall be exemp~. m ~axa~ion in such above named ~olitical subdi~ision in each tax r beainnin thereafter and if the aovernin bod of' such above ~d ~olitical subdivision so ~rovides. in the ~ax year of such ~lT_ir.~_.e-Y.*.re~-~.x.~~eftl. ill '!he occ::upa~ion tax levied by any c::ounty, c::ity or town r any year on persons or corporations pursuing any profession or sinesS, shall not exceed one half of the tax levied by the State r the same period on such profession or business. SECTION 2. (a) The proposed constitutional amendments to ticle VIII. Section 1. subsectlons (d) and (e), shall be ~mitted to the voters in a separate ballot at an election to be lid on Novaaber 3. 1987. This ballot shall be printed to provide )r voting for or against the proposition: -'!he constitutional ~endrnent to allov the legislature to exempt from ad valorem axation certain personal property not held or used for the roduction of income.- (b) '!he proposed constitutional amendment contained in ~rticle VIII, Section 1, Subsections (a), (b). (cl. (f). (g), and :hl, shall be submitted to the voters in a separate ballot at an alection to be held on Nove~~er 3, 1987. '!his ballot shall be prin~.d to provide for voting for or against the proposition: -'!he constitutional amendment providing for the exemption froa ad valorem taxation of certain property that is loc::ated in the stat. for only a temporary period of time.~- Adopted by Senate on May 1, 1987: Yeas 27, Nays 2; May 30, 1987, Senate refused to concur in House amendments and requested appointment of Conference Committee; May 31, 1987, House granted request of Senate; June I, 1987, Senate adopted Conference Committee Report: Yeas 29, Nays I, one present not voting; adopted by the House, with amendment&. on May 28, 1987: Yeas 144, Naya I, one present not voting; May 31, 1987, House granted re- . quest of Senate for appointment of Conference Committee; June I, 1987, House adopted Conference Committee Report: Yeas 138, Naya 0, two preaent not voting. I Filed with the Secretary of State, June 2, 1987. . aler. Sess uW"S 'a7-U A-5 ~ . .. , ." . .' ~ ... .: ~~W~i~~,~~~'.. ".. " '.. 4 \.. '. ~ . REQUEST FOR CITY COUNCIL IENDA ITEM Agenda Date Requested: December 7, 1987 Requested By: C. Eldridge Department: Finance X Report Resolution Ordinance Exhibits: Memorandum Date 11-25-87 and attached backup. SUMMARY & RECOMMENDATION Liquid Air Products Co. has paid full Ad Valorem taxes for the tax years 1984, 1985, and 1986. This company did acquire an industrial district contract in 1984 and should have been paying taxes at the reduced in-lieu rate. Neither the City nor Liquid Air Products Co. was aware of the error until recently. A review of the contract and payments has been conducted and I recommend a refund be made. Action Required by Council: Products Co. Approval of the refund to Liquid Air Availability of Fundsi x General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: 001400401~1~ Funds Available: YES NO Approved for City Council Agenda t\l~-k 1, ~MMV Robert T. Herrera City Manager \.~~ l.\~/ DATE \. e e r-:::: - INTER-OFFICE MEMORANDUM TO: Robert T. Herrera FROH: Charlene Eldridge t,V DATE: November 25, 1987 SUBJECT: Refund-Liquid Air Pl~oducts Co. The U.quid Air Products Co. hClS re(lue~;tE:d a r.efund for oVerp8.YElent of tclxe~, fot, tile te:x ~E:Cir[; 1984, 1S85 and .1986. The overpc;yn;ent i [; a rE:f;uJt of being taxed a.t the full city ad valorerl" tax rate for these yecirs. The company did aquire an I rJ d u f; t 1 j 8 J D :i ::> t r ). c t Con t r act in 1 984 and was e] i g i b I e for' the reduced r8te. Hmiever, Evgh Landrum Clnd Assoc:i.c-;tf~~; d5ci riot n.cke a cl'rr;Lf~ t.o t.he fiIe E'oDd 8. r'eduction was never' in':plemented on ttJe 8CCCVI:t. 'l'b5 f. error was not di~coven~d by the company or' the CH.y until recently t.his year. I have r'eviewed trle contr'act and conferl'ed bet.h witb Hugh Landrum and our City At.torney and find this request for refund valid. The refund is dUE: as foJlows: Less In-Lieu Payment 1984-$ 1985- 1986- 1987-< 8,245.97 7,650.66 7,691.69 2 , 7 ::3 6 ~Zli2 TOTAL HEFUND DUE $ 20,852.06 ]: recommend the refund be lEade from our in-lieu r-evenue account. Attached for your approval is the check r"equisition. Also, Ide cH'e presently conducting a revie\-J of our contracts to insur-e aJ] accounts have been cl-Jar'ged appropriately in (lur' industrial dh;trict. If fur'ther infol'mati.on i~~ required, pleclse let H:e kncld. AttacbrLent (1) CE/kb e e ....-::::: .---' ' HUGH L. LANDRUM & ASSOCIATES. INC. V ALUATJON ENOJNEERB 1320 SOUTH LOOP WEST. BUITE 1B PHONE 7131'79_378 _ 9379 HOUSTON. TEXAS 77054 October 26, 1987 ,l ,.~.. t:,," . Ms. Charlene Eldridge Ci ty of La Porte POBox 1115 La Porte, TX 77571 Dear Charlene: Knox furnished me a copy of the letter and other papers" Mr. Gordon Hay of . Liquid Air had sent him regarding a refund on 1984, 1985, and 1986 taxes. After reviewing the matter, I believe they were entitled to the terms of an Industrial District Contract for the years 1984, 1985, and 1986. My office had no prior knowledge that a Contract with Liquid Air existed and therefore they were taxed as if completely annexed. . I don't know what your refund policy in this case will be, but I feel Liquid Air had a responsibility to ascertain that they did not overpay, .and if any refund is made, certainly no penalty or interest should be due. AS you requested by phone, I have prepared what their tot~l payments would have been if we had known of the Contract and handled it as we do all the others. The values are not exactly the same as HCAD provided you primarily because of differences in land values. Also, I have used the exact tax rate for 1985 and 1986 that I used on all Contracts, 7l~28~/$100 value. This produces slightly different numbers than Mr. Hay calculated. City Total Total Tax Assessed Payment @ Payments Amount Year Value Tax Rate 45% Taxed Made Refund 1986 $ 2,156,590 .007128 $ 6,917.48 $ 14,609.17 $ 7,691.69 1985 $ 2,156,590 .007128 $ 6,917.48 $ 14,568.14 $ 7,650.66 1984 $ 2,075,390 .007100 $ 6,630.87 $ 14,876.84 $ 8,245.97 $ 20,465.83 $ 44,054.18 $ 23,588.32 Charlene, the assessed values above are the ones I provided you, but since we thought it was completely annexed, you used HCAD values as you are required to. However, for the "in-lieu" portion, we are not required to use HCAD figures. Also, the Contract states at the top of page 4 that the combined payment of taxes and "in' lieu" payment will equal 45% of the amount of taxes which would be payable if all the property were annexed. - 1 - " :~{ :....~f*~,~> .' . < e Page 2 Ms. Charlene Eldridge City of La Porte La Porte, TX 77571 e ~ I apologize for this oversight. and any inconvenience' this refund may cause the City.' I will work more closely with Kno?C and you to assure that this does not happen again~ 'Let me know if you have any'questions. HLL/sm s;;// jeJ. Hugli L. Landrum e e ...-:::: ~ <.' LIQUID AIR CORPORATION 2121 N. California Blvd. Walnut Creek, CA 94596 Telephone: (415) 977-6500 August 21, 1987 Mr. Knox W. Askins City Attorney 702 West Fairmont Parkway La Porte, Texas 77571-1115 Reference: Account: #OOO-La Porte 001301, City of La Porte Parcel 1.0.: #20-00921.1-07.0-013.0-4/1R8-001-4 Property Address: 12204 Fairmont Parkway, La Porte Property Description: Annexed Portion ABST 625 Richard Pearsall La Porte (City) AIC #78000001301 Dr. Mr. Askins, Judging from our agreement with the City of La Porte we have over- paid property taxes for the three years: 1984, 1985, and 1986. I am submitting a copy of an Industrial District Agreement between LAI Properties and the City of La Porte, from January 1, 1984 thru December 31, 1986, which states on page number 4 that we are to pay 45% of the original ad valorem taxes. We were paying taxes at 100%. I have also attached copies of receipted tax bills for the above stated years, along with copies of Harris County tax bills to verify market values. We are requesting a refund of $25,619.35, as per the attached recap sheet. Please review and let me know your finding. Very Truly Yours, q 1d~ 4; ~don Hay Tax Accountant cc: Charlene Campbell Harris County Appraisal District Attachments - (Various) GH/ct Mailing Address: P,O. Box 8038. Walnut Creek. CA 94596 . Telex: ITT 470020 . Telecopier: (415) 977.6840 e e r-::: 12204 Fairmont Parkway La Porte, Texas TAX (45%) YEAR ASSESSED VALUE TAX PAID ADJ. TAX VARIANCE (t:f 305$; ql ~ 1'!1 1986 $1,622,710 * ~ $14,609.17 $5,184.56 $9,424.61 1985 2,051,850 14,568.14 6,555.66 8,012.48 1984 2,095,330 14,876.84 6,694.58 TOTAL $44,054.15 $18,434.80 ---------- ---------- ---------- ---------- TAX REFUND DUE: $25,619.35 ---------- ---------- * Corrected Taxable Value (7/23/87) e e ~ ;~~~~;~~~~:~ii;~'i~;~'~~;:~~~~~ifL~i~i{E~~~;~*~ P.O. BOX 1115. t:7<l'ORTE. TEXAS 77571-1115 . PHONE: 713-471.5020 " ".. PlIOPfm TYPl 100"1, MARKEt ASSESSED VALUE: .- .. D'SC/PEN:' INT. ...r:'T. '~~J \t'ALNUT C~EE~ ~4S96-GOOO !:A ~ N'-- \ '). \-:,\ \ ~lo 0: W N E:, R, . ~~ "'~~=" f!'::"~ ~iff.; ~,~~~ c.":b'" r.~~ .~ ~.,.,- ?';.~ I4(t~: ~~ ~ ~:i;:: ~~~. ~~ ~,*,1;. ti:s~ ~t1 f~"""_ :,,'"-~~, ~~ ~~ ~~._. f~l.t: = ~5f:;' ;.f~,.,;;.. ~:~~.~.~: ~;r~c{ ~!_~~1i..:~ LlHO 1 5, , 1 ':' ~. C ~.l _IMTY \~\.' IMPRY 1,b'.i65~ o-:c 78 OOo.OC13 ~i1 '''~TAX ASSESSOR f'COLLECTOR :h\RLfN;' h.DR!OGE J :.:. Fr.-c' 1'..... ..... ~ ,,' (. .-oa - r: ~,1~ ~ ;'~F "19S6 1'-. A ~. J UI\ J LIL if ' ." . l)EC~.2. .~~ TAX DEPT. , ::-;c'.- --;" ,PROPERTY DESCRIPTION AND ACRES .:Tf :~ != X n;.. r<~ !\T! r:, I . I . "',.'1 ..:.....:..:..~ I <. ;-'f1l..;-~S ..- 'j i' I I ~ _Ullr:::j':"II;\T'ff t\+~.:;,!=-t.. -~TTN: TJlY. ":PT .~ c rex 30':, r / ./ "-, ." =-_..-. ...... .......;.,;.. .-'-.', ." -~III;~;': . . . . --. :..: ....7:...:...: ~:;; '." ;.- .": ....~,:. . . ....~. .', \ .:.:.1', ~~~~~~~~4~#f.~~~~~ .:~., ...:. " ............ .,' .....,.,.:" ""::: ". .... . ' ..::.~.~_;~.:_;:Fj~,: . . . ;...., ....,.. I... ,., ..,:. ':'" ":':... '.~ .' .' ..1'" :. .' ~,".. \ ~ I' .... -; '. "-: 7,. .' ~. ..' .,' ...... .~.... . -'- ". I"..'" .' .. ~~ ?~~.; .:.., e e r-:::: ~~ - APP~AISAl:.. REVIEW BOARD ~~~ISION- HARRIS COUNTY APPRAISAL DISTRICT 2800 NORTH LOOP WEST P. O. BOX 920975 HOUSTON, TEXAS 77292-0975 713-957-7800 ...-.... . ~ -, .: ;;".:.1 ""-~~:q APP RAI SAL REVIEW FOR THE HARRIS COUNTY APPRAISAL ~~ BO,ARC - ~' ~ DISTRICT NOTICE t ORDER CORRECTING APPRAISAL RECORDS LIQUID AIR INC AlTN: TAX DEPl POBOX 8038 WALNUT CREEK CA 94596 ACCOUNT #: DDO~LAPORTED01301 TAX YEAR : 1986 :::e-,,",""-'\l"-" n~~~pJ'~_ .- JUL ~ 2 1987 PROPERT~ DESCRIPTION: ANNEXED PORTION TAX DEPT. ABST 625 RICHARD PEARS.ALL ACREAGE: 7.1711 _ A MOTION TO CORRECT A CLERICAL OR SUBSTANTIAL ERROR IN THE ~PPRAISAL RECORDS OF T~E HARRIS COUNTY APPRAISAL DISTRICT WAS PRESENTED FOR HEARING. THE BOARD, WITH A QUORUK PRESENT, FINDS THAT WRITTEN NOTICE OF THE HEARING DATE, TIME, AND PLACE, IF SUCH NOTICE WAS REQUIRED BY LAW, WAS TIMELY DELIVERED TO THE PROPER PARTIES AND THAT AN OPPORTUNITY WAS GIVEN FOR THEM TO APPEAR TO OFFER EVIDENCE OR ARGUMENT. AFTER REVIEWING THE MOTION AND CONSIDERING THE EVIDENCE OR kRGUMENT PROPERLY BEFORE IT, THE BOARD HAS DETERMINED THAT THE APPRAISAL RECORDS BE,CHANGED AS INDICATED BELOW. . IT ~S THEREFORE ORDERED THAT THE CHIEF APPRAISER OF THE HARRIS COUNTY APPR~ISAL QISTRICT CORPECT THE APPRAISAL RECORDS IN A ~ANNER CONSISTENT WIT~.~THIS ORDER. SIGNED THIS 23RD DAY OF JULY, 1987 \ lk" ~""" ...:.;:..::.:....~,;~ ... . .~_.......... .. ....-. :-<::"~'_: ;[<::~_"""'-~'_':.7-/~-;\~:::/ ----------------------------~---- CLIFF TUiTlE ' APPPAISAL REVIEW BOARD CHAIRMAN PREVIOUS VALUE: CURRENT VALUE: 2,OSl,S5G 1,622,71C FOR INFORMATION CONCERNING THIS ACTION YOU MAY CONTACT THE APPRAISAL DISTRICT AT THE TELEPHONE NUMBER OF ADDRESS SHOWN ABOVE. PLEASE REFER TO THE ACCOUNT NUMBER AND PROPERTY DESCRIpTI~N SHOWN. LI87198":'DD043 14 - . e e r-:::: "~~;~EJ~;~~1~r1'~'.Cf'tYS:-OE: ~._.~~ ~RtE~ ~I-'~-I .......,. F' 'ir.'-' ~. - ,J. . ..,.:" · ':1- ......~~ ..P-lFf;'-" 't. H f, .. ~ .,;~""{~.:': J~: ,~~if~~:'::-~~~'1:__;';:P~~::'~', & ~i.J .,-~~., '.{,:tt1";2.~?'~;~~~;~~ ~~L ~~~S8D.~~ .",'." ;f.f- cJ)~"&f~i .~~~~:~;;:LAPORTE:'"~A~~~~~.1~5~. "Y,.. .lJ :e:"1~)~i.itJ ,;;;;,i"l: -""""""",",,'4, . PHONE: 713-471.5020 ."" " ;:~~ ~~.J.~... yt .~~. :.~.~.~ ;~ '~'.~:" '._ r _'~~A~/'~,i~:;: -- or/4.- ~~.~." . ... PAY THIS AMCIU~" ? t., I...~ f~'-" ~~~~. t~~.. . L"'o"P'. , d:.i' .~.;:. )1'",:7' r~l''t! ~o" "-'\:,:', ~tt it i~'-~: i"::~1:::' :..l:;l O)\J:..}.f.3V .,~,~~ ~- .~.'n-c "tf' .~c; t~ ,''t'.. cr; c~ ~-.;. .~: .. , 1;,~f:;!14 1,,~(~114 . I' 1L.S~bI14 1 L5l ~!Lr ~~"," ~-_~ 5~:~' 9.11. 7:;.A5ti':';;'7 - i:"'_: 1-':1 i i: ^"3 J.;:,.:.t'i t!!; 'Of I' ~ C ~ ., ~ '.~.. - #' "t t.,!, '~~p -: ~t 1.' __, _~..,'__. '.'.r'- ", ~- ..,,~c;:,; . ,. _.;.~.:.~..~:.: . ....... .'-~-, ~,.;'v'_: .. ;.tOY, \)~c.; J ,.;~ Fro,?: :'H. A-.i1 . -l ='...., t'I" r., ".r.A y~ ';el,; In' . .. Ic..... ~..U~1. ~. : \. ;.~,~ : I I I I I I I , I 1C1't: . . I :1:!j, '1: 1-::: "f~'''i ,: 7-it,r . t....-' _I .. ":,~ r:&'<: :,,: . ... . - I _.~ 7:1=::-: ,,;. -::. 6'~ .: .. 'G ~ ..-. ~Jr!~:-: :';:(. I ~; , :,: l.- . ~ '--::"'T~~Jll~~': ) ~r .-. r', ...- '-.! ~.&~:_:.,-~i::;:~,.~.: .- ......-....-.__. ~ . . -.;" -',,:" ":" .;; ~ .;.~.! ,...:. " ....:i-. .....___.;,w""'.~..."""'........_~ ...,.......t ". ......~ ....~~ ""~--.." -,};"~~.t~ -l76S ~, TAXtSTATEMENT=' ...._.6>- . :" t ~ ....; ~;; ~. ~ f .; 73:-" i 7_ ~ 'j: (:~ '''. ! .. :;~ . P..A_l [?_._ _J_~N _~ __, !:8G__.._ " o W N E R; ~~s ....-. '='.4;", ..~~;~~. .~{:~. !..~.. .. ~.,..... L! ~~.::.". .'. ~ ,,:.'--'~. PROP.ERTY DESCRIPTION AND ACRES I Pi;,: ;:..U' :,.1 T r~:: . ; ~, . :... "'" ~.~ ~~ }-, ~ :....~: -; ~ ?- ~, . . ~f 1~~ :. J,-.~" \.,; l' :;t~' L. ( ,... r ,- ....".... ! f'\~_. ~ t,~ ~ ''\ __\l .~" '"J., ,'" ~ . ( SEE INFORMAJION ON REVERSE SIDE ~__...:::' ~~~i:~~tij~}:~~tiA~~i~-5...\i;li~>i;~;;g;':~g~i':Y:'2X~t:1:};f:':.;: _ '::~~..;;;;:..."..... ....~j:d~;i~;;'t.~:~;t: .,;.J:?'I. ~ _.~ 1: ~..~~~~~~~'!. ':..~....~~~.... .f:.. (l............"..~ -'.'F,.:-.:...~~.... "'~'J._""'-~-'~.e:n.'}.T.~~!.;,.:(~I"~'~:'''''....-!..~..;!?:::.::t':';l-' '-,..:. .,.. -~I"oo~..':............:~ -, ...:..11~..~....._..... : . ~ ~ '. tW'~.. , ~. -, ......~'tj, ';. . "'~~~~~~~j.#~~~~.t~~~~ _ ~"":--~\.,,.""t. o<<";"",,,,~~~.c;'... .t!........'\:.a.;.;.;.~........ l'i-. ....~.....-~.(,...fl:"..\O;";_.I--,., =1t....... ....,:~-::'~.~.~.\..:.'l....:...,."i........-=..~..7..;u......;..~~.:S.~~L_'Y#'..... --- " -~.' '..' ;j;/.' ...'........ ... .,. .'.'..".'.;'.~;.'.:.'.:~., .'... :-.'::: ".:';~'.'-~'.:;:: .... .~ - -- " .' ~ ":'..:,' .. -:.~_...;...' ,'_..', .,.....:.~-.~~L~-~.:<.~' ; .; .......~ :,;~;" ....: ::"; -.:' ',', ~ ....-; ,.; '''''-: :.. -.: .....~. ,;:, .:.,,-:, .~~...;~ ";':; . :..: ;:' ....:)~....;~~ t'... ;;.::: ~:'.:~ .' ... .. .' . :~~~ ' : }t~J.'i~~:~~~ .. .........;.":~:.. .-:.,~~_...;:~] ....,-........ ..-:......'" .. .-. ,." 0" ~ .." . . ...'. ." ". ...... .,;.:.".:... ......~:~.- . ::. _: - :';- ..:. . : ,:~'~':. ~.~~~ }~ ,. -' .::. ~-' ~~.;~.>~:;.;.:.?~;5~ e e P""::: ~>,.- PAY'THIS'.AMOU~-' I.. 'i5~'t~:i1 -:,:~~' ,''CO ,.-\ :t:: " TAX:.;STATEMENn::<,,:~, r.... . .' I 1041:37 " 133tt'1 ':~ 1636t4S 1-. . 191:S:9f. 2,31:~2 . ~Q 77 :'8'1 I ;2-"''-0 ._o..~ :~ 2i7S~ '3124\13 'S"Cf ~E~ 3421:t1 3570L44 r ~. 'T. '~:(:'7_8 oeoco 13 0 '-t;;';:.:. ':~:;i:~:;;_T AX ASSESSOR =JCOLLECTOR'!;l::J.4.;'" ;;~~RtE",~:;-t'A~p'eE('L: ::,:.'; ';:~i\f1~'::~>~:~ ":', :'~. .~~~.,:~::-~:: -. t: ~,,~_'.c.".: '__ i.;..... .).." .::1....11.': -....~I:.G ;J.c-~(:.:Jr;'.'-::p<", j 0 UR:,:"1' :.~:: ~~T f.~HA.~=' i E t.ltj..'~~~~~Y~l-:Ef~\~ By~',;.-01/$100 VJLUATIO~. ,.-..~lM~IVXtU~C:TA ~IllS VA~Y 5(C~U~EOf ~C~D VALUA7I~NS ,;"..c~;".i2::':PROPERTY DESCRIPTION AND ACRES ...,-..c~ ." ". "f' ,. . I'; ~-' ., ~'...... ,-' ....-... -c-:-~....;;~_. .-". i .-.-~.'~ ,......:a -~"'! . r.~~ECtihf~D " tc - ~ ~ t! . t.. ,u,tEXEP FORTIOf;; 1 . ~:; ;,~'::.~.J)iB ~;.?~:~.-:-;;G G 27 1935 ,;:? 0- .Oo)C e0..:38 "'J~.' F",".~-.fI>"--" 1""'. ~~~~~*- I.C.4;Bi:-~" ~ ~.;i- q~(. .~.l t - .... /' /' 0- W N E R LIQUID ~lR,It\C. ... ~411\"""" "" :J-.;-~ ~ \... ...,..... .- .... ", ,. ;~: '~::::';",,/~~.;.: . -: ~.-. ;-'''' . :.......:..4.1.:. ". . .;..!.'..... .-. y ." ::. ~ .,.. ::.."'. . . ~'\. . '. ~ . . '.\." .~: ,.; ; .~. '.' ," '.~ . .0,_." ;; ..... ~ .... " .. .~ ..:. ::.~. '.. .,' I~.'. ,. .... . . ~.:.. .-..':'...,'....... .'"#'.:.' .~ . . .-- .~..... :. , ,;.~.: ":.;" . ",:,::;:.-;.- . .:.; '." ~' .' ........:..... .:V' ....-:-.". ...... e e fI"":::: .... '~< 1"..'-:' ....:.:-..." ~.. -" t.~;) -- I' . ~ ~. - RECEIPT KUUSER (86) 2-0c0671 , . ST ATE OF TEXAS. COUNTY OF HARRIS CARL S. SMITH ASSESSOR AND COLLECTOR e TAX STATEMENT .. PERSONAL 1986 - -- ..- ' ACCOUNT r<<lMBER TAX~5 12206 FAIRMONT PKWY PAY':'S:'= OCT. . WDUSTRIAL GAS E.S ~A'JUFACTURrrlG 2 -0173281 THRL; JAN. ;~ -0-- PENAL -'r LIGUID - AND AIR CORPORATION ..: ,.;.~ INTEF=57 .~ TT N : TAX DEPT. .. - . - . '.. AF7=~ (StH 020) XXXXXXX JAN. 2 ~ P.O. oOX 8038 WALNUT ~REEK tA 94596 xxxxxxx -1023 TOT AL V Al.UE IT TAX RATE TAXABl.E VAl.UE TAXES TAX RATE CAl.CULATED PER 5100 VAl.UE ~n UN S CO .ft SE '.0"310! NA '. 01)79E. 'H 0 :. 1 3 5 3 0 i SJ.O~CI)O 2886.62 I ~ 6~6.36 I; II' 33.41 E.6.00. ! i 145e.07 i i 862.13 I ~ - -> 'O?>31 860EI :5 1. I! ) STATE OF TEXAS. COUNTY OF HARRIS ~ TAX STATEMENT rr~ s. SMITH ASSESSOR AND COLLECTOR 0 <:J!- T R S 1 7 1 7 A 1 7 a ~ EST 615 P~~~t= ( 02 C * R P E ~ R S ALL) OCT 1 3AYPORT 1 THRG 7 1 7 11 . JAN. ::' · " c PE~~~ ~LIQUID AIR INC AND INTERE3- AFTE;: JAN. 2' 10766[! 'T077f-6C 1077661) I 1077660 1077661) 1077660 I n' ill ....,,!\ TOT Al.*ES - -> - -> --> 6.0~2.59- : PAID RECEiPT WHEN MACHINE V;.t,OATED 6012. REcaPT NUMBER (ocr 1_~40t3b ACCOUNT NUMBER 1986 ... .';~ ."t. 100-S1S-0JC-C03G P 0 sox &C3~ ~ALNUT CREEK CA 9'596 !){).... '.J; ,8 - , ti '. ,',.-, . .~ ~, I '.~. . ~:--'I: ;; 7 It:} -r-/"',...), -rA ~ ::;YEf' 7:" (MARKET VAl.UE) (5CH 02~> \ 100'll> LAND V, 212 100'll> BUIl.D'NG -1018 " ~ "1<( '!32 100'll> TOTAL. \ '~~:,54~5 UNITS , TAX RATE T AXABl.E VALUE .1.20 cco i ~...5G:nj F'S:.:c:3eQ \ 54-SeSG s ;~~}:. '~c :; 1 Q : 5 .. 5 D 5 0 N~1,~:C79S ' 5~5C5u HO i~13;3~ I 5~505G SWe'7~~?-5545C5j TAXES ,..59.97 3':'7.14 TAX RATE CAl.CUl.ATED PER 5100 VALUE i-s.r~O 43.4~ 737.45 436.~4 TOTAL TAX :~ - -> - -> - -> --> ~ i :3 ':'4C ') PAID RECEIPT WHEN MACHINE VALIDAT::" e . fill"'::::: STATE OF TEXAS. COUNTY OF HARRIS CARL S. SMITH ASSESSOR AND COLLECTOR .- ~ TAX STATEMENT ~ PERSONAL RECEIPT NUMBER *** 2-G4Jl283 '. - ~.I ! ACCOUNT NUMBER 'A;; ME 5 122:j6 FAIRMONT PKWY 'c..t:: I ~C// INDUSTRIAL GASES "." / ~ ...... .~ .;.... "'~.:- 2-01-732!1 .. ~ ...-. . . I ~ I T,;'" _ .... , ". '.It1 ";A~J...;~" -0-- ?E~.~":'t _. / LIQUID AlP CORPORATld~r' .- 5CH-a21J (MARKET VALUE) 100% LAND VALUE . '.- ",,\, '- lNTS= -";; ATTN: TAX DEFT. -: "" ,~F"::= 1 ~ 7: ~~A~I.~ L Ar~;:: ? ~ -. ?c=,? ., 100% BUILDING V All .;,;.,".. : ~ . O....Dc,.. '-' .AL~UT CREEK CA '14596 100% TOTAL VALUl UNITS TAX RATE TAXABLE VALUE TAXES TAX RATE CALCULATED PER S100 VALUE - 156313 CO ".27E.78 1563120, 4357.83 1 1985 '! FC .05565 SE;...OC;CO~ NA . .00765 : ~HO!.132a51 SJ ' .'J8CCQJ ! _.3U';:.;f 15631801 1563180: 1563180: 15631801 15631a~: ~ \.; v,J~I' III 869.91 46.9J 119.58 2076.65 l TOTAL TAX IF PAID IN__TOTALTAXESDL 21~SO.~~~J:;.2 :8~2~.44 ~~~E ~~~::~ 1~~~~:~ [) PAID RECEIPT WHEN MACHINE VAUC,).Ti:C) MAY PENALTY-> 1133.79 JUN~ PENALTY-> 1303. TAXES PAYABLE OCT. 1 TH~U JAN,31 -- 0 -- PENAL T'( AND INTEREST AFTER JAN. 31 STATE OF TEXAS. COUNTY OF HARRIS ~ TAX STATEMENT CARL S. SMITH ASSESSOR AND COLLECTOR 0 TRS 17 17A 176 ABST 625 (020* R PEARSALL) BAYPORT 1 7.1711 AC RECEIPT NUMBER 1-544839 ACCOUNT NUMBER 1985 L~Po..1e 100-515-COO-C030 LHWID AIR It-lC POBOX 8038 WALNUT CREEK CA 94596 5 C H-Q 20 (MARKET VALUE) 100~ LAND VALUE -1113 UNITS! TAX RATE CO 1.27878 F C 'I . 0 5 5 6 5 SE 1.00300 NA' .OG765 ~O'! .13285 SJ ' .08000 I TAXABLE VALUE 545050i 545050i 545050: 545G50! 545C501 545C50; TAXES 1519.49 303.32 16.35 41.70 724.10 436.04 il"IU ,,,r:1J TAX RATE CALCULATED PER S100 VALUE I I I! ,l _ _> _ I f '2. 13 R6 JA , i TOTAL TAXES DUE -) - -) - -) 3041.00 2.1 3.041.()O-~ ::I.)ID ~EC=!PT '..'HC:~J ~.ft..C~I~:E ,...t,L!C~ rr::: e e r-:::: . " STATE OF TEXAS, COUNTY OF HARRIS CARL S. SMITH ASSESSOR AND COLLECTOR ~ TAlL S,LA.T.,"M ENT Y "i"l.r.:~crti"A.L: 1!=~ RECEIPT NUMBER 2 -')4 '?f.. 99-0 TAX::" 1=1 r-: CEiVj:; r~ ACCOUNT ~IUMBER 1 -...... L f ;. 1 !;: 1'l0N T PI( if Y ;>AYA3~= .:..::..... . . ,. . ,.....1:aI ee- IN Du S n :~L \jA S !: ~ U~~C 3 2 -34 -l)44 64 r-' R L. 1984 ~AN. :' -G- TAX DEPT. ;:JE~j~:'~7Y'- :'1-; :.10 A::Z . . ,. SCH-02G ~:, - .~ND ':i f' jC X ~ go$'? ... - - .. .... 'NT---S- I ::"";: j ~ ,~ : i :" ~ A . ~ C I ~ : .... ';. :, '; /. 1 ", ~ - ? ~ t ~ A-"'C:> ~ -" ()J A-LN v, cte l!:E"t< I CA-f.../ +- 0'......4 JAN. :, t1 '+~"""1 (.. TOTAL VALL UNITS TAX RATE ,AXABLE VALUE TAXES TAX RATE CALCULATED PER S100 VALUE 155::( co .27t9Z 1 c;: <:-"'>'"' -,. 42{_~7 .25 .,,-..._~\: Fe .05467 1 r:' c.-.... ";'(1 '~4~ ...9 ..' J L. :..' ia ..... SE . u03C 0 1(;'7'''''-.-~. . ~ " ..-'-""'-.... ..., '...; .. .) u NA .;:;0939 1r:c~-._..... 1 ' r:' .73 .. J c. 0...1 c.. J ...,l HO .13395 1: 5202[' '-,87;; ')7 TOTAL TAXE . .- '. ~-:: ,. J .~ C,.. ;-. '-.... ~ - 5J .DE-GeO 1-"'''~'''''' 1"24" I~ ~ . . .;;.> ;... -> -- ~.,:",:.j ... _. .; '- ._' .:. L .~... - - - .:.') <!b5? I..J ~,..:\;:J ~=cc:;?; '~'JH=\; '/I~':;-I,~~= J":"~':~ ... STATE OF TEXAS, COUNTY OF HARRIS CARL S. SMITH ASSESSOR AND COLLECTOR ~ ~ RECEIPT NUMBER TAX STATEMENT 1984 ~ *PRIOR YEARS ACCOUNT NUM8ER TAxes TRS- 1l'17A 17a A8ST 62S TAXES DUE Oh PAYABLE OCT,l BAYPORT 1 THIS ACCOUNT 1 UO-515-000-0030 THRU (020* R PEARSALl) JAN.31 -o- LAND VALL PENAL TY LIQUID AIR INC SCH-02~ AND P e 89)( 74.6~ 212 ~ INTER EST SAN fRANtI&tQ [A 9412~-7#e6g BUILDINGS v,o AFTER ,q "rT4J.' 7"""AJ'" ~?r. ~o7' JAN,31 Po. .<3~)<-.2'o.a.8 W 4-,-.vv T e: ~t!rG?X:" C. 4-c.., +. q 4-S"5(" TOTAL VALL UNITS TAX RATE TAXABLE VALUE TAXES TAX RATE CALCULATED PER S100 VALUE 5QQt CO .27692 599690 1 660.66 FC' .0 S4 67 599690 327 .a S SE .00300 599690 17.99 NA .00939 599690 56.31 HO .13395 599690 803.2& , , '", -' -.! - TOTAL TAXE - .; _,_" ~ _..-.-J"'" ... SJ .08000 599690 479.15 ). - -> - -> - -> - -> 3345. 1-560S~6-2 ?.o.ID FlECEIPT WHE'IJ \l-'-C'-""\.E/ :._-:,,7~ e e P"':::: APP~AISALfREVr[W SOARD ~!VISION HAP. R r~ ,. CO U N T Y AD P PAr SA L 0 I S T R leT 28GO NORTY LOOP wEST P. o. aox 920975 HOUSTON, TEXAS 77292-0975 713 -9 5 7 -7 9 CO APPRAISAL ~EVIE~ BOAQD FOR TH:: HARRIS COUNTY APPRAISAL DISTRICT NOTICE ~ ORDEQ COPRECTINS AD?PAISAL RECCR~S LIQUID AIR I~C ~TTN: TAX DE?T P03JX 8018 lHLNl!T COEEK CA 94596 ACCOUNT #: COO-LAPORTE001301 TAX YEAq : 1986 !1 ~ ( ;.; :\ ~:7 .<0:,- JU'L ') .) '~8- I "'.:.- Ij I PROPERTY uESCRIPTI~N: ANNEXEf1 PORTIO~ T?X DE~:-;' ABST 625 RICHARD PEARSALL ACREAGE: 7.1711 A ~OTION TO COORECT A CLERICAL OR SU8STANTIAL ERFOR IN THE APPRAISAL RECORDS OF THE HARRIS CCUNTY APPRAISAL DISTRICT WAS PRESENTED FOR HEARING. THE BOARD, WITH A QUORUM PRESENT, FI~DS THAT ~RITTEN NeTICE OF THE HEARING OAT::, TIME, AND PLACE, IF SUCH NOTICE WAS REQUIRED BY LAW, WAS TIMELY DELIVERED TO THE PPOPER PARTIES AND THAT AN CPPORTUNITY WAS GIVEN FOR THEM TO APPEAR TO OFFEP EVIDENCE OR ARGU~ENT. AFTER REVIEWING THE MOTION AND CONSIDERING THE EVIDENCE OR ~RGUMENT PROPERLY BEFORE IT, THE BOARD HAS DETERMINED THAT THE APPRAISAL RECORDS BE CHANGED AS INCICATEC BELOW. IT IS THEREFORE ORDERED THAT THE CHIEF APPRAISER OF THE HARRIS COUNTY A?PRAISAL QISTR!CT CCRQECT'THE APPRAISAL RECORDS IN A MANNER CONSISTENT WITH THIS ORDER. SIGNED THIS 23RD DAY OF JULY, 1987 c.. __a.... ,- , ---------------------------------- .f . ...... . .' .,., CLIFF TUTTlE APPOAISAl R~VIE~ BO~~D CHAIQHAN P~EVIOUS VALUC':: CURRE'H \l~LUE: 2,051,c5G 1,o:,?2,11C FeR ! N F G K ~ II T I :; Nee .~ C :: ; ~f I 'I G T HIS ~ C T I 8 ~ YO J ~ Aye C N TAr. T T H:: ~ r:> ~ 0 A ~ S A L QISToICT :T TH~ TEl~~HONE ~uM9~R OF ~~2~::~S ~HO~N ~3av::. oLE~SE ~EFFR T~ THE ~CC~UNT ~U~3~~ AND P~oo~~TY O~SC::?TIJN SHOWN. '- ~'~ 7 l ~ '.~ - -: ~ ~ ~ ~ . e P"'::: :,.. 78000001301},,,.- ":~~~;iT AX" ASSESSOR:t COLLECTOR"''; ~,=- '" :l;tt~RLE~E iA~P'9f(.L; ".: "::-.1 ...~ ~;-f<r '2'~O'9 5~-1;o'~,. OCi itOY fr ~Et: 'J~" fEe N~h AP~ Mtl JU~ JUt kUG $E~ ~t'';! ~i' .i~ .-;'::~ "':~ .~ 1041: 37 1591& l'i1".' ~.J 113t1.'1 '16~1s17S::~ '63o~4S --~-"65'3:~9' .."~ I ~. I ..,~ 1933: 9f. ..."'" ~ 6~10:~,!2~ ';;.;~ .22311~2 171ta~~'~6.,~;,~; . a~ 77:;!'1,'-l~ 175~~ ~ 67": r.,~~~ 2S26:~Q 177t3:43 ~~ :l""l ,. ~7.0C2 : zo ,~~ 2i7.S~. Vi "'F. '3124\'~ rCO!CJ7 . ;:t~ ~~~r~ 7/;;;~! ~i"~R 3S70~4' '~447!2~ ::.. PAV-ri1JsAMOONT"- .'. CITY OF'~:LA.PORTE ..~;.~.: ...~._....,...."....~.._. ..~.. ," .'-."., o .._~'~;'~" '._ .'.. ';:'\(~':f(.PII~: l<{1~~~~NO;.~~sp>~Liqf\ , '. ~,. ". _, .' <,.'. -.. .' _ ~.;,.. ...,: ".""', .... r" ". -'" '" ~_ O( ~.:....: - . :.:_:,...:" ;._..0 ..; ," ,:: ;...~"'. ... :' ..;' 15~" l' 9 ,,: ........:__.; _' ._"..'-o:_~' ..., .~~_.. "'P.' BOX 1115. LA PORTE. TEXAS nS71.1115. ~. ~.;~~t:,~p.,~t1~~t~U.g'.l, ~. . ~~,:n.~:::~- ;;~!t~.r: ~::T'.'~' ..~~~ :-: ..:; ~ r~'i", .I::':" ,::.~1,9 39# 14D ". ~ ., ,~!;Y_::::.~~~-~;~..~~~~ ~:. ...?;. :~~.. '~~-~i-";' :~..:.:~~"l"~_,. ;'1t{l,=,',. ,'!,.. c'" ..;.-..; :; 'TAXiSTATEMENT'-"~ . t ' ~ .' ~~ - .- . '. - -- ..:.-. . ~ - /;:.. -<,..', :. ...-::--::.. '. " .foUR, 1':'~. 'R;T2....His.~5EtM:.~~e.~~-:U:-:~_-E~IJ' .~y;. -.01/$1 on v ,!LUATl 01\. IMOIVlt'U~1. TA c.IllS VA;<:Y 6Et~l.J3E Of io\C^~ VALUATIONS PROPERTY DESCRIPTION AND ACRES .' .,'. ."r ..... :.'::......~:.::...-;:.'----.::._::.:.-.;..".'_.. ;.:... :";- ;',"'F .70:", r. ~:1~(~ ~iv~b . ~. ~. ~. LIQUID ~ 1 R, 1 ~ c. ' 0: W N E R ;,N~:E}'i:~ I fORTl~;.; A\.;7~.r.:;.:;J;i9~~?;:~~Al5G 27 1935 p. C)- .Bo)C e0..38 . ~_. F ... ~, ".. -,.. tJI& ~ ,.. r I ~~~ r~ '~7~1''' c:; ~.r- 9~'- j. s:~-r ( SEE INFORMATION ON REVERSE SlOE :::-...... . ,.J,..,:. -1.. ..... . -: ;.~~..~~..:.......'....... '.;;.. .':". . . ,..' .' -" ..:..~'~I' 'j...:--' '.~ ;~: ., . _ .' ...: -:~-.- -~ .;;~ ~':~';'~.:.:":;.~..'.' _ _; .';: :..; : .', /.:01....... ::..~.:~~.:.; .:.' ~:__:,,~,':.:.:<;.~>?>~.0,'~'~,,:<::':~~::,"" ". ,. .' . . _. ~~. ..-::,-;":.,(;:~,,. .'. ~. :.>,~:_~,~,;~~:'.~~.~~~:';~,:~':!':'=.: ." ~, :: ,.~:~. .'. .~.t' . ...,.. ........: ". :- .... ....'. .,'.--.. '.. ...:-: >~' ........:". ;...... '. "'. . "'.. .....'.. .,.... '..,;-. .;' .. .', .';'::- -" ..1' .:.~:;-;.'.." :_:"~.:l..;...;:.,,'. ._~:~"",". .....~_.. .~.+.:...'\ .:... ......;... '. . . - ':" ~.....~~::~~..:~;.::;...:;-:~'..,~~::~~..::::'..~.-:~::):'::;:::~:.::~~.-::i;:~~.t~:;;{;~:.. ~-~.. . ..' " _..".;..' . ;- ......, ..',...; '.. . .- '.. ....... ~ . ~--'.. . .'-' _..t.. ".' :. ;.~. ..>'.:;:~::.'. ,;.:- , " .' ': -.;.' , .. ....... ' -. (- . f ~ '. .. , . NOTICE: THIS CONTRl\CT IS SUBJECT TO l\RBITRJ\TION . UNDI::E TIlE TeXAS GDIEHi\L AHBITI\ATION l\CT, ARTICLE 224, E'l'. SEO., REVISED CIVIL STATUTES OF TEXl\S THE STATE OF TEXAS 5 5 COUNTY OF HARRIS 5 5 CITY OF, LA PORTE 5 INDUSTRIAL DISTRICT AGREEMEnT This AGREEHENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris Count;.y, Texas, hereinafter called "CITY", and LA! PROPER'T'TF.S, TNr. , a Delaware corporation, hereinafter called "COMPANY", WIT N E SSE T H: That WHEREAS, it is the established policy of the City Commission of the City of La Porte, Texas, to adopt such reason~ble measures from time to time as are permitted by law and ,which will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing indus- tries therein, and such policy is hereby reaffirmed and adopted by this City Commission as being in the best interest of the Ci ty and its citizens; and WHEREAS, Company is the owner of a certain tr~~t(s) of land more particularly described in the Deed Records of Harris County,_ Texas, in the following Volume and Page references, to-wit: those certain tracts or parcels of land described in Exhibit "A" attached hereto and made part hereof, save and except that certain tract of land described in Exhibit "B" attached hereto and made part hereof, all of said land being in the Richard Pearsall 1/3 League, A-fi25, Harris County, Texas. (Hcvised: 8-79) ei . 7-~' Industrial District Agreement -.2 upon which tract(s) Company has either constructed an industrial plant(s) or contemplates the construction of an industrial plant(s); and WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729, designating portions of the area located ,in its extraterritorial .,.~ jurisdiction as the "Battleground Industrial District of La Porte, Texas,i' arid Ordinance No. 842~- designating portions of the area located in' "its extraterritorial jurisdiction as the "Bayport Indus- . trial 'Di's'e-rict of La Porte i' Texas, l.t, c-here-inafter collectively ncal-led "Dis trict," such Ord inances being in compl iance wi th the Munic ipal . ' innex'a't~iHi{' Act'; of ,. Texas /~~~Articie' 9 70a, Vernons Annotated Rev ised Civil Statutes of Texas; and ~1HEREAS, Ci ty desire~ to encourage the expansion and growth of industrial plants \vi thin said District and for such purpose desires to enter into this Agreement wi th Company pursuant to Resolution adopted by the City Commission of said' City and recorded in the official minutes of said City: "N01V~ THEREFORE, in conside~'~tion of the premises and the mutual agreements of the parties contained herein and pursuant to the authori ty granted under the Hunicipal Annexation" Act, and the Ord i- nances of City referred to above, City and Company hereby agree with each other as follows: I. City covenants, ag,r~es and guarantees that during the term of this l\greement, provided belo,..., and subject to the terms and provi- sions of this Agreement, said District shall continue and retain its extra'territorial status as an industrial dist'rict, at least to the extent that the same covers the land describcd above and belonging to Company ann its assigns, and unless and until the status of said land, or u portion or portions thereof, as an industrial district may be changcd pursuant to the terms of this l\greement. Subj ec t tc e/ e;-- Industrial District Agreement - 3 the foregoing a'nd. and .to .the later provisions of this Agreement, City does further covenant, agree and guarantee that such industrial district, to the extent that it covers said. land lying wi thin said District and not now' within the corporate limits of City, or to be annexed under the provisions of Article II her.eof, shall be immune from annexation by city during the term hereof' (except as hereinafter provid~d)' and 'shall. have no right to have extended to it ,any services ,~ - by' City, and that: :all,ofsauJ, land, . including that '.vhLch has been here.t.ofo:re::or. whJchc may!:-b~i anI)~x~~ pursuant:!:? the. la~~rprovisions of th is Agreement, shall not have ex tended to it by ord inance any rules:_and regula~ioI'ls',{a) gO\l'~rning: platsa.ndsubd,ivis.io!.ls of land, (b) prescribing: u any .:build ing, elec trical, pI umbing or inspection code or codes, or (c) ,attempting to exercise in any manner whatever control over the conduct of business thereon; provided, hmvever, it is agreed that City shall have the right to institute or interve:ne in any judicial proceeding authorized by,the Texas Water Code or the Texas Clean Air Act to the same extent and. to the same intent and effect as if all land covered by this Agreement ..vere loca ted vii thin the corporate limits of City. II. (A) A portion of .~._le hereinabove described property has hereto- fore been annexed by City. company has filed wi th City, coinciden1 with the execution hereof, its petition to Cit.y to annex an addi- tionalportion of the hereinabove described property, to the en, that twenty':'five per cent (25%) of the total value of the land anI . improvements hereinabove described shall !:le annexed to Ci ty. Com- pany agrees to render and pay full Ci ty ad' valorem taxes on suc ~nnexed land and improvements, and tangible personal property. (1) For tax years 1980 and 1981, Company also agrees to rende and p.:ly an add i tional amount "in, 1 ieu of taxcs" on Company I land, improvements, and tan<J i ble person.:ll propcrty in the un ,e ( er . Industri~l District Agreement - 4 annexed ~rea tO,the en~ that Company's payment of taxes on the annexed area, combined with its payment of "in lieu of taxes" on the unannexed area, will equal. forty-five percent (45%) of the amount of ad valorem taxes wh ich would be payable to Ci ty by Company if all of the hereinabove described property had I\. been within the corporate limits of City> , (n.) T,l:1e Texas Property., Tax Code (5.. B. 621, Acts of the 65th Texas Legislature, .Regular Session, 1979) will be effective for 1982 .a,ndc' sub,seque.nt :years. her~under. ., ..- ,. -- ........ \,.'.. - .. - .' Under . the terms of said Act, the appraised value for tax purposes of the annexed portion of land, .im.pr:ov~ment;5" ..,and i;.ang ~~le ,jperp~~al Brop~r':-y. sh~ll be, determined by the .Har.t:is, ;Copnty, Apprai_~al District. _ The p~'rties hereto recognize .that said District has no authority to appraise the land, improve- ments, and ~ang ible personal property in the unannexed area for the purpose of compu ting the "in lieu" payments hereunder. Therefore, for 1982 and subsequent years under this Agreement, the partieE agree that the appraisal of the land, improvements, and tang iblE personal property in the unannexed area shall be conducted by Ci ty I at City's expense, by an independent appraiser o~ City's selection. The parties recognize that in making such appraisal for "in lieu' payment purposes, such appraiser must of necessi.ty appraise the entire (annexed and unannexed) land, improvements, and tangibl( personal property. Company agrees to render and pay full. Ci ty a( valorem taxes on such annexed land, improvements, and tarigible. pe~ sonal property. (1) For tax year 1982 and thereafter, COMpcJ.ny also agrees t< render to City and pay an amount "in lie~ of taxes" on Company' land, improver.1ents, and tang ible personal property in the un annexed area equal to forty-five percent (45%) of the amount 0 ad valorem taxes which would be p~yable to Ci ty if all of th hereinabove dcscribed property had been wi th in the corpora t er -' Industrial District ^gree~ent - 5 limits of City and appraised by City's independent appraiser, reduced by the amount of Ci ty' s ad valorem tax on the annexed portion thereof as determined by appraisal by the Harris County Appraisal District. Nothing contained in Article II(B) (1) shall ever be construed as in derogation of the authority of the Harris County Appraisal .;~ District to establish the appraised value of land, improvements, and tangible pers'onal prope'rty in the annexed portion, for ad valorem ~. .~. 'n".-.~.. j...: .:. ~ ';,-~j - j , . ;.. tax purposes. - ~_ 0.- :'J o.r. .~: :-: (- ~ ~ c :"" ...~. ,.-.',.... .,. ..... ". " . _.~. \0. III. This Agreement shall extend for a period beginning on the 1st day . .;"_:~;<-:--'.e::a_::~, ;~,;~j t..:~:';:'f.-~':.l."= ~';.~ '..~() :"~:~ ":", :'c.......:-"(..,:..)...: ,- ~'.: -. . -'- . of January, 1980, and continue there?fter until December 31, 1986', . - . ," unless - extended for' an add i tionalper1od or period s of time upon mutu- al con~~nt of Company and City as provided by the Municipal Annexation Act; provided, hovlever, that in the event this Agreement is not sc extended for an additional period or periods of time on or before l~ugust 31, of the final calendar year of'the term hereof, the agree- ment of Ci ty not to annex property of Company wi th in the District shall terminate. In . that event, City shall hav'e the right to com- mence immediate annexation proceedings as to all of Company's propert~ covered by this Agreement, notwithstanding any of the terms and pro- visions o~ this agreement, and in such event Company agrees that i the Texas Municipal Act, Article 970a (V.A.T.S.), is hereafter amende. or any new legislation is enacted by the Legislature of the State 0 Texas \o/hich imposes greater restrictions on' the right of City t anne:.: land belonging to Company or imposes further obligations 0 City in connection therewith after the annexation of such land Company will waive the right to require City ~o comply with any suc additional restrictions or obligations and the rights of the partie shall be then determined in accordllnce \o/ith the provisions of sai Texas Municip~l l\nnexation Act as the same exists on the dute c . . .. . ..... -.,....,~.~....~._ ,,,"'...':'"...... .....,:! ~ J\o.': !'. - -. .... ...-...... '~,.r__':=':~:" .e ( e ,- . Industrial District l\greement - 6 execution of this Agreemcnt. This Agreement may be exte~ded for an additional period or periods by agreement between City and Company and/or its assigns even though it is not extended by agreement between City and all of the owners of all land within the District, af which it is a part. In this connection, Ci ty hereby expresses .its belief that ,'~ industrial district agreem~nts of the kind made herein are ~o!1duciv~ to, the.. ~.eve~opmen~ af existing and future indus- try and are to the best interest of all citizens of City_ ~nd encour- age,future City Commissions to enter into future industrial district : ~ ,. agreements and to extend for additional periods permitted by laVl this Industrial Distric.t ,?\9J;eement upon request of~Ol'!~pany or its assigns iH P;~~ iged-, however! that, nothing herein contained shall be deemed to ob1ig~te either party hereto to. agree to an extension af this Agreement. IV. Company agrees to pay all ad valorem taxes, and all "in lieu af taxes" pClyments hereunder, to City on or before December 31 af eacr. year during the term hereof. It is agreed that presently the ratic of ad valorem tax assessment used by City is eighty per cent (80%) af the fair market value af property. Any change in such ratio used b2 City shall be reflected in any subsequent computations hereunder.. This Agreement shall be subject to all provisions af law relating t< determina tion af value of land, impravements, and tang ible persona: property, for tax purposes (e. g. ,. rend i tion r. assessmen t ~ Board 0 Equalization. procedure', 'court appeals, etc.) for purposes of fix in< and determining the amount of ad valorem tax payments, and the amoun' of "in lieu of tax" payments hereunder, except as otherwise providel in Articles II and V hereof. V. (1\) In the event Compilny elects to protest the vClluCltion Eo tax purposes set on it~ said properties by City or by the Ilarri ./ e 1'- \ Industrial District A~reement - 7 ,- County Appraisal Dis'trict - - for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and - -- Company shall have the right to take all legc:ll steps desired by it to reduce the same. Notwithstanding such protest by Company, Company agrees to pay to Ci ty on or before the date 1'~ therefor hereinabove provided, at least the total of (a) the total amount of ad valorem ". ,_.~ ,_ ;: .... - \" :~."., '. :.~ I:",", taxes on the annexed P?rtions, plus (b) the total amount of the "in ~ . .. :..: _ ~ I" 'tU" ,. lieu of taxes" on the un'arme'xed'port{onsof Company' s' hereinabove- ::.~' ~~~ 4 '_ i; ',... ~: ",4 ,.": described property which would be due by Company to City in accord- .. '. ~ .... .. '- . , . . '- ". ..- r -,' ,,~ - "'- ance with the foregoing provisions of this Agreement on the basis of _,,' ,", -= ~ 'V- - :: t - ........ .......... __ . rendi tions vlh ich .'.... .'.. ,..... " ,". ,'-. .,. C..:. i~"- ,(_:. -,'- .:.'- .. ,-' shall' be-'\~imely . filed by Company \vith City's Tax "- Assessor-Collector or vi i th both the City and the Harris County Appraisal District (as the case may be) for that year. \-1hen the Ci ty or Harris County Appraisal District (as the case r.l.ay be) valua- tion on said property of Cor..?any has been so finally deterr:lined, either as the result of final judgr.l.ent oi a court'of cOr.l.petent juris- diction or as the result of other final conclusion of the controversy, then within thirty (30) days thereafter Company shall make payment to City of any additional payment due hereunder based on such fina= valuation. (B) Should Company disagree wi th any appraisal made by thl independent appraiser selected by City pursuant. to Article II(D above (\vhich shall be given in writing to Company) I Company shall within twenty (20) days of receiving such cO~YI give written notic to the Ci ty of such disagreement. In the event Company does no give such vlritten notice of disagreement within such time period the appraisal made by said independent appraiser shall be finc:ll c:ln controlling for purposes of the determination of "in lieu of taxes payments to be Jnc:lcle under this l\greement. Should Company ~ lve sLlch notice 9f d isa~reement, Company 5hal also sublnit to the City with such notice a \-lritten statement settir e( e( Industrial District Agreement - 8 forth \...hat Company believes the T:\arket value of Company's herein- above described property to be. Both parties agree to thereupon enter into good faith negotiations in an attempt to reach an agree- ment as to the market value of Company's property for n in lieu" purposes hereunder. If, after the expiratio,n of thirty (30) days from the date. the notice of disagreement was received by City, the parties have not 'reached agreement as to such market value, the parties agree to submit the dispute to final arbitration as pro- v idecf :.fri: . su'bparagraph . ~ ...."\ :(1)'. of this , . Article V(B). N6t\~i ths tand'ing any such disagreement by Company, Company agrees to pay to Ci ty " on or before. December 3l of' each year during the term hereof, at least the total of (a) the ad valorem. taxes on the annexed portions, plus (b) the total amount of the "in lieu'.' paYT:\ents which would be due hereunder on the basis of Company's valuations rendered and/or submitted to City by Company hereunder. (1) A board of Arbi trators shall be created composed of one person named by Company, one by Ci ty, and a th i rd to be named by those two. In case of no agreement on this arbitrator in 10 days, the parties will join in a \olritten request that the Chief Judge of the U. S. District Court for the Southern Dis- trict of Texas appoint the third arb: :rator \.,ho, (as the "Irn- partial Arbitrator") shall preside over the arbitration pro- ceeding. The sole issue to be determined in the arbi tration shall be resolution of the difference between the parties as to the fair market value of Company's property for calculation of the "in lieu" payment. and total payment hereunder for the year in question. 'l'he Boa rd shall hear and cons ider all re le- vant a.nd material evidence on that -issue including expert opinion, and shull render its Vlritten decision as promptly as practicable. That decision shall' then be final and bindin9 upon the parties, subject only to judicial rCVle\-I as milY be "'. ( er Industrial District Agreement - 9 available under the Texas General Arbitration Act (Articles 224-238, Vernon's Annotated Revised Civil Statutes of Texas). Costs of the arbi tration shalJ be c;hc1red equally by the Com- pany and the City, provided that each party shall bear its own attorneys fees. ( C) . Should the prov is ions of Art icle II (B) of th is 1\greemen t .;~ become impossible of enforcement because of (1) the invalidity or unenforceabili ty of the Texas Property Code (S. B. 621" ~cts of the 65th Texas Legisl~ture, Regular Session, 1979), or any relevant ,. ... provision-tnereof, 'or (2) because' of any. material delay or failure to act on the part of the Harris County Appraisal District, then and in' '-any of :'su~h- eve"nts ~ all h paym'e'nts ... 'under this Agreement shall be governed by the provisions of Article II(A) hereof; anything to the contrary in this Agreement notwithstanding. VI. City shall be entitled to a tax lien on Company's above-describec property, all improvements thereon, and all tang ible personal prop- erty thereon, in the event of defaul t in pay:nent of II in lieu of taxes" payments hereunder, \",h ich shall accrue penal ty and interes t in 1 ike manner as del inquen t taxes, and \.Jh ich s.hall be collect iblE by City in the same manner as provided by law for delinquent taxes. VII. Company agrees to provide to City at Company1s expense, a surve' . plat and field note description of the land ,and improvements -whicl Comp~ny pet~tions to be annexed in accordance with the provisions OJ l\l."ticle II above. Such annexation tract shall be contiguous to i point on the existing corporate limits of La Porte. In the event ot failure of Conpany to file either such petition, or such description, ., City shall h~ve the right by notice in writing to Company to cance, and tcrminQte this Agreement. e ("- e r- \ Industri~l Distri~t ^grc~ment - 10 VIII. This Agreement shall inure to the benefit of and be binding upon City and Compar.y, and upon Company's successors and asslgns, affili- ates and subsid iaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, either voluntar- ;~ ily or by operation of law, all or any part of.' the property belonging to it within the territory hereinabove described, and the agreements herein contaihed shall be,held to be covenants running .wi~h the land owned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force. .':IX. If Ci ty .enters into. an . Agreement wi th other landowner wi th respect to an industrial district or enters into a rene,,,al of any existing in~ustrial district agreements after the effective date hereof and \vhile this Agreement is in effect, which contains terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to amend this Agreement and City agrees to amend same to embrace the more favorable terms of such agreement or renewal agreement. This Agreement is further subject to Exhibit "C" and all covenant~ contained therein, which is attached hereto and made part hereof. ENTERED INTO this 1st day of January, 1984. By (COHPANY) L PRESlDEN:T &.,rT .'r: ~ · , ~ e-..r- 6 ~secL-ct4J.ry o .e ( e (~ Industrial District Agreement - 11 ATTEST: , ~;~ ,City Clerk '. Y ....~ I " I " I I " 'II" I II,.", , . . APPROVED BY COUNSEL: K ~ \"l. ASKINS, Cl ty Attor 702 W. Fairmont Parkway' P . o. Bo x 1218 La Porte, Texas 77571 Telephone: (713) 471-1886 A'l"l'OlWEY FOR COi.IPi\1.ly ~ITY OF LA PORTE 2/ ..~ By 7"^' > -_/';".[ , Hayor I'~ City Commissioner City Commissioner City Commissioner City Commissioner (Revised: 8-7~ -( _. EXHIBIT "A" TO INDUSTRIAL DISTRICT AGREEMENT BETHEEN LA PORTE, TEXAS ("CITY") AND LAI PROPERTIES, INC. ("COMPANY") DATED JANUARY 1, 1984 PUc:I. lfO. .1 Beins; 8.00 acr~s of :'~!1d out 01 t~e R1c:hard:P9&!'sall 1/3 Le~gue. A.62S, :=~e p~rt1cu11=ly described .6 follows: Commenc1n~ at Humble ~ouu=.nt ~o. 213 :~rki~g the southe~st cor~er of thQ Richard ~~arsall l/3 L.~6U~, A-62~, and t~e northeast cc~.r of ~. Geer;_ )lcK1nstry Le.~e, A-47; Thence X 220 22' 01" W - 2,522.24 feet to Xc~ N~. 2090 1n the south l1ca o~ fairoOdt P&rkW~1 for the n~rtt..st cor~er th1s P~rcel No.1, a.1d Rod be1~i~lso S 650 03' 21~. - 457.42 teet ~rom Ru:ble >>on~ent ~o. 267; The~ce. S 30 Oi' 06" ! - 400.00 feet to ilod '0. 20~1 for the .out~ea~t ~orner th!~ par~el; Thence S 860 52' ~4" .. - an.7 ftet to Rod ~o. 2093 for .outhwes~ co=ner th~~ parcel; Thence 1i 30 \),;,' O?" "' - 400.00 hat ~I) Rue, ::0. 2;:192 in the ~ou~~ line r~1r=~r.t P1r~way for kU~~~-~~~ corner ~1s p~rc:.l; Thece. ~ 860 52' 54~ E, &long s~d ,1th ~he ~outh line of s1id F1i=:~nt ~Ar~Na7, 871.~ feet ~o t~~ pl~ce of ~e~inDin;, c~n~~inln; 8.00 acr~~~.: '. - . ,~ P ARC!l. NO. 2 So: 111~ 1. S6 ;1C:-':5 e\l,t of ,;he Ric~,,'rd Ptoar5all 1/3 LC:l.l:ue, .\ -625, !II/)re pa.r~~c"l~rl)' de~Cl'1.b.d :'5 tollt'~:I: BeglDn1ni at Rod No. 2092 wbicb marks th~ ner~~- west corner of P~rcal No. 1 for nortb~a5~ co:u~r tbis parcel; Thence S 30 07'" 06" E, along and wlth the 'lr,"~st line sa1d Parcel No. 1 400.00 feet to eouth~est co:-~er said Parcel No. 1 wbich corner is m1rked by Rod ~o. 2093; Thence S 860 ~2' e4" 1r - 201.82 hat tc Rod :!09:5 for. southwest corner this parcel; Thence 1( 30 07" 06" \V - 400. 00 feet to Rod 2094 set in tb~ south line Fairmcnt Par~'ay for north- west corner this parcel; " Th.~c. N 860 52' 54" ~ - along Rnd with so~th 11~e said Fairmont Par~ay 201.82 feet to t~e place o~ . beiln~1ni conta1nlni 1.86 acreS. ! .: e /- e~ EXHIBIT "B" TO INDUSTRIAL DISTRICT AGREEMENT BETHEEN LA PORTE, TEXAS ("CITY") AND 1AI PROPERTIES, INC. ("COMPANY") DATED JANUARY 1, 1984 ..~ C~NCINC at the intersection of the Eest right-of-way line of lay Art. Sou1tv.rd with the:Sollth:right-of-WiY ,~ine :Of~J.i.r=o,nt ..pa.r~wa)'i-- ! {;r',' }!~;..;.. ~f..<I"I;'.(:i. :.: ,.;'.i. .....~~,,:. ~ :.c.; ~ '-- ~ THf:I{CE r:orth~86!':-S2!,tS-4.~'[ast ",itll"the South risht-of'-way line of feircont Parkwly" .distance-of 896'.73 feet to the POINT OF.BEGI::lfHIG. $lid pcipt being the Horthwest corner of th! p~eifo~~ly mtnti~ned 16 acre li~~id Air.., Inc. tract; ~ 7:.,c:...... ~.:,: .'.~:c(. ~~u;.~--:.;- ~.~..1.~. <::. .1.:&....~.Z~r:': : '..-' _ TH~NCE r:orth 86. :52~" 54':' 'East ',d~tf ~t;r ,S6~th rfght"-c1f'-t,ay 'Hne of . rairmont Parkway. 'I dhtlnc:e' of 4~6:6? fec~ tci the 'POWT OF BECl"::WG; THEIICE South 03- 07' 00. rut eve:- end ac:ro!:s li~!';C:! Air. Inc. 16.00: Itre :tric:t;:'.' dlStan~!'of,~~~.DS ~~~: to;.rchi~clea -.it. un c~ncrete; ~ ~_~-~ ': ;~~ -~o'--: "~'::.(~::..\.'~ ~"~::. ',-:.. . ~ ~. ., \ ..' THENCE North 86- 5Z' 54- Eist I distance of 59.20 feet to aft tron rod set ,in; concr.te; ;' ....' . , ' . T1!::r:CE S'.>ut.h 03" 07' 06" tasl cOI~tin"irag o.:~r L'!1C :1...CH tl.l 16.(':] .cre tract. I distance of ?69.09 fe~t to an iron ron ~pt ih 'cnc~!:e; THtllCE r:orth Go" 52' SO:" Cast wit~ It.e South H,.:! C/; th~ 16.00 a':n! t,.~ct I distance of S57.6S fc!t to 6n ir~n rod Stt in c~ncr~l!i TH::r:CE ::crth 03" 07' 00. \;cst \otith the rut Hr.! of tl'le 16.00 cCrl! lrl:ct. a cHstence of 6(9.14 feet to &1n i,'o11 rod set fn COilcr~t.e end s1~::'!t:.j In the $o...th right-of.way lin! of hit~:lont Parhiay; Tr.a;CE S~u~h 86'" SZ' 5';" j;~st "it~the South :-i!llht.~r.",o1<'lY 1fr.~ ef rei,. .nt. r.lrJ.;;;ay. I distinct of 616.SS !c;~t 'to' ~~e '?Gi:rr Of r.Z~i:.:i!::G 1:1.<<:1.:::01:;9 a tract of land cc~tain~ng S.~:e7 l~res ~ore or le~s. er er EXHIBIT "c" TO. INDUSTRIAL DTSTRICT AGREEHENT BET\^JEEN LA PORTE, TEXAS ("CITY") AND LAI PROPERTIES, INC. ("COMPANY") DATED JANUARY 1, 1984 :- Notwithstanding anything in th~s Agreement to the apparent contrciry',,;t~e,,' execution 'and delivery of this Agreement by the parties, is in full,. final ,and complete satisfaction of all claims by,:the:I',:p~~ti.e.-~'_for;;ad 7:al:or~Irr ,tax matters (including all tax, penalti""es(anddirlterest'):'for',1983 'and 'prior years~ brfor any refunds ther~of. Company has, simultaneously with the execution of this Agreement, tendered to City its payment of $14,891.80 for - ~ ,. . . ._ ~ f. '", t. .. .. , '. -;. ,-, ",. ,... payment d~ :i~?~ll~q:UEmt _~~,ge2 ',ad:, valprem,taxes and ,penalty and interest thereon, and current 1983 ad valorem taxes. City, by execution,: h_~r:eo~":'agrees,,,:to: .credit ,Company with payment in advance o:f _ ,""in'rlieu ,of.taxes~t' paymen'Cs~' for' calendar 'years 1984, 1985 and _.l98,6 hereunder,.. : D\,1ring, such years,. Company shall only be obligated~ ;to; 'pay the ad valorem tax on twenty-five percent (25%) of the value of Company's taxable property covered by the terms of this Agreement, as more fully described herein. ~OUEST FOR CITY COUNCIL AG~DA Ir~M Agenda Date Requested: 12/7/87 Requested By: R. Herrera Department: Administration X Report Resolution Ordinance Exhibits: Memorandum from Robert Herrera SUMMARY & RECOMMENDATION On November 9, 1987, City Council adopted a moratorium on signs, to be effective until January 31, 1988. This was done in order that the La Porte Planning and Zoning Commission be given sufficient time to complete their study of a proposed sign ordinance. Since the time of the moratorium, two businesses have requested that the city consider their particular situation with regards to the moratorium, since both businesses had been in the process, prior to November 9, 1987, of obtaining signs for their business. The attached memorandum clarifies the request of Les Marks Chevrolet and Bruce Angel Diamond Shamrock for consideration to allow them to install their signs before the moratorium is lifted. Action Required by Council: Consider allowing Jay Marks Mazda and Bruce Angel Diamond Shamrock to install signs at their places of business prior to January 31, 1988. Availability of Funds: N/A General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Funds Available: YES NO Aooroved for City Council Agenda (;2JuA* I( l~ Robert T. Herrera City Manager \'"2..-~ -tQ, DATE . e ~ CITY OF LA PORTE INTER-OFFICE MEMORANDUM TO: Mayor Norman Malone & Members of City Council DATE: November 30, 1987 FROM: Robert T. Herrera, City ~~ger SUBJECT: Sign Moratorium 62 Please be advised that I have visited with two (2) business establishments within the City who are concerned with the recently adopted sign moratorium (11/9/87 through 1/31/88). The intent of the sign moratorium was to allow the Planning and Zoning Commission sufficient time to complete' their study of a proposed Sign Ordinance. I do not believe the intent was to place an undue hardship on businesses. The two (2) businesses have requested the City consider particular situation with regards to the sign moratorium relates to the planning and timing process involving proposed signage. their as it their The reasons for their concern are as follows: Les Marks Chevrolet Mr. Marks over the last twelve (12) months has been formulating a plan of action to purchase a Mazda dealership for his La Porte location. This venture is close to finalization. He has not publicized the venture because an agreement has not been formally executed. He has agreed to furnish the City with copies of the written contracts which indicate the serious purchase of a Mazda dealership. Further, he had a market survey completed prior to November 9, 1986, which depicts the location of signs for his new dealership. . . ....-::::: Sign Moratorium Page 2 of 2 Bruce An~el - Diamond Shamrock Mr. Angel has purchased and received a Diamond Shamrock franchise sign. He informs me that it was scheduled for installation during the week of November 23-27, 1987. Mr. Angel also told me the sign had been on order prior to November 9, 1987. In both of the above cases, the businesses appear to have started their signage process prior to the adoption of a sign moratorium. In these types of matters, I believe a written contract, survey, or manifest statement which would clearly show that the signs in question were planned well in advance of the sign moratorium should be given favorable consideration. I have requested this matter be considered by the City Council at its December 7, 1987 meeting. RTH/ jb ~REQUEST FOR CITY COUNCIL A~NDA ITEM Requested By: John Joern Department: Asst. City Manager Agenda Date Requested: xxx Report Resolution Ordinance Exhibits: Recommendation of Award by Turner, Collie & Braden Bid Tabulation/Summary of Bid Totals SUMMARY & RECOMMENDATION Rehabilitation of Sanitary Sewer System/Step III, Contract IV/EPA Project No. C-481176-03-0 City of La Porte Project No. 85-7106 T C & B Project No. 26-00021-050 Contract executed June 1985. Sealed bids from five pre-qualified contractors were received on November 9, 1987. The low bid received - $696,834.95 was submitted by P & M Construction of Deckerd, Tennessee. This bid opening represents the 4th re-bid of work remaining on a construction contract that was abandoned in 1982. For a variety of reasons the City has been unsuccessful in awarding a contract to complete the work. The City is bound by our EPA Step III Grant to complete this work without any additional EPA funds. The recommended funding sources are: FUNDING SOURCES: ((.e,.M.t\i W \\.../" 1979 Bond Funds RccGiving J Remaining EPA Grant Funds Forfeiture of Bid Bonds 1985 Series Rev. Bonds Available Interest Income 1985 Series Revenue Bonds 55,600 186,300 19,446 100,000 ~g1,2~g 752,585 APPROPRIATIONS: Construction Contingency (8% of Const.) 696,834.95 155,7150.00 752,584.95 There is the possibility that the City could receive some funds as a result of our pending litigation on the abandonment of the original contract. Action Required by Council: Approve award of construction contract for Rehabilitation of Sanitary Sewer System EPA Project No. C-481176-03-0 in the amount of $696,834.95 plus an 8% contingency for a total amount of $752,584.95. The award shall be subject to approval by the Texas Water Commission. Availability of Funds: xx XX General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Fund 19 & 06 Funds Available: YES NO Aoproved for City Council Agenda GJ~ ~ ~ Robert T. Herrera City Manager J1"fh DATE / . e ~ .., TurnerCoIIieldBraden Inc. NEIL E. BISHOP S~NIOR VICE PRESIDENT ENGINEERS . PlANNERS p'Q. BOX 13089 HOUSTON. TEXAS 77219 5757 WOODWAY 713 780-4100 TELEX 774185 TCB HOlJ" November 18, 1987 RECEIVED lI'd J./ .871l1lJ COMM. DEV. Mr. Bob Herrera, City Manager City of La Porte P. O. Box 1115 La Porte, Texas 77571 Attention: Mr. Pat O'Malley Re: Recommendation of Award Project No. 26-00021-050, Contract #3 Rehabilitation of Sanitary Sewer System for the City of La Porte EPA Project No. C-481l76-03-0 Gentlemen: Sealed bids, addressed to the City of La Porte, were received at the City Hall of La Porte, Texas on November 9, 1987. Bids received are as shown on the attached Bid Tabulation. After tabulation and review of all bids received, it is our recommendation that the project be awarded on the basis of the low bid of $696,834.95. There were no substitutions offered, therefore the Contract Amount will be $696,834.95. Very truly yours, 7fa;L /. ~ Neil E. Bishop, Ph.D., P.E. Senior Vice President NEB:BAB:lf Enclosure AUSTIN . DAllAS . DENVER . FORT WORTH . HOUSTON . PHOENIX . PORT ARTHUR SUMMARY PAGE 1 -- BID TABULATION -- SUMMARY OF BID TOTALS ~ RECEIVED <.ft Jl ~ JJ. :J..L/. B '1 ~/vr, COMM. DEV. REHABILITATION OF SANITARY SEWER SYSTEM FOR THE CITY OF LAPORTE CLIENT - CITY OF LA PORTE JOB NO. 26-00021-050 CONTRACT NO. 003 BIDS OPENED - NOVEMBER 9, 1987 SUBTOTAL SAN SUBTOTAL SUBTOTAL SAN BIDDER SEWER ITEMS SUPPLM'L ITEMS SEWER, ITEMS TOTAL AMOUNT BID M CONSTF:UCT I ON $ 687,684.95 $ 9,150.00 $ 687, 684. '35 $ 10..36, 834. 95 AT CONTRACTING $ 716,268.60 $ 18,250.00 $ 716,268.60 $ 734,518.60 :ALCO, INC. $ 1,089,077.75 $ 16,120.00 $ 1,089,077.75 $ 1,105,197.75 'EL lANCE CONSTF.:UCT I ON $ 1,313, '321.00 $ 34,650.00 $ 1,313, '321. 00 $ 1 , 348, 571 . 00 HANNEL CONSTF.:UCT I ON $ 1,624,884.00 $ 49,200.00 $ 1,624,884.00 $ 1,674,084.00 * - CONTRACTOR'S MATHEMATICAL ERROR ALL BIDDERS ACKNOWLEDGED ADDENDUM NO. 1 AND NO SUBSTITUTIONS WERE OFFERED. ( ( ~ REOU~ FOR CITY COUNCIL AGENDA 4IfH Agenda Date Requested: ~. l'1artinez/ J. Sease 12-7-37 Requested By: Department: EMS/Fire Report x Resolution Ordinance Exhibits: ~1emo: Louis ~igby/lnterlocal Agreement SUMMARY & RECOMMENDATION ~equest a??roval of Interlocal Agreement with Bouston-~alveston Area Council (H.G.A.C.) for purchase of U.R.F. ~edical Telemetry. (See Attached) Action Required by Council: Aryproval of Interlocal Agreement Availability of Funds: General Fund Capital Improvement Other x Water/Wastewater General Revenue Sharing Account Number: 025-500-517-372 Funds Available: X YES __ NO Approved for City Council Agenda ~-r:~ Robert T. Herrera City Manager l 'l- - \.{ -(((\ DATE e e ....-::::: CITY OF LA PORTE INTER OFFICE MEMORANDUM TO: FROM: SUJECT: DATE: Mike Martinez - EMS Manager I}) .\ Louis Rigby - Purchasing Manager3~\ ~ Mp.dical Telemetry <: \ December 2, 1987 <.:;.. The Houston-Galveston Area Council (HGAC) received bids on the Motorola telemetry you have requested. Since HGAC has gone through the sealed bid process, the City will have no need to do so. The telemetry, if purchased from Motorola, would cost the City $9,000.00. By purchasing through HGAC the cost is $7,437.76 plus a 3% administrative fee for a total of $7,660.90. If this meets with your approval please prepare two agenda request forms and submit them by the prescribed time before the next regular City Council meeting. The first agenda request should be for an interlocal agreement between the City and HGAC. The second agenda request would be for approval of the purchase. Attached you will find two copies of an interlocal agreement that you may submit with your agenda request. e e STATE OF TEXAS ( ) CITY OF ( ) THIS AGREEHENT made thi s day of , 19 between the CITY OF , TEXAS and the HOUSTON- GAIVrSTON AREA COUNCIL, a Council of Governments of the State of Texas; WITNESS ETH: Pursuant to the authority granted by the Texas Interlocal Cooperation Act (Article 4413 (32c) V.A.T.S.) providing for the cooperation between local governmental bodies, the parties hereto, in consideration of the premises and mutual promises contained herein, agree as follows: I. The City of , hereinafter referred to as "City", makes, constitutes and appoints the Houston-Galveston Area Council, its true and lawful purchasing agency for the purchase of certain items through the Council's Cooperative Purchasin.g Program. Said items will be specified by an appropriate City official. The City agrees that the Council shall. be the exclusive purchasing agent for said items, and agrees that the bidding shall be conducted by the Council according to the regulations contained in Section IV of the Council's Financial and Accounting Procedures Policy Handbook. II. The City agrees that all specifications for said items shall be as deter- mined by the Council. III. The City, by execution of this agreement, agrees to furnish to the Council with any order a cash amount from current revenues of the City in full payment of the stat~d order to be retained by the Cou"ncil until delivery of the order to the City, at which time, the Council shall pay to the vendor the proper amount for said order. IV. This agreement shall take effect upon execution by the signatories. V. This agreement shall be in effect from the date of execution until the last day of the calendar year of execution, and may be renewed annually there- after. IN WITNESS WHEREOF t the parti es hereto have caused this agreement to be executed by their authorized officers the day and year first above written. ATTEST CITY OF BY ATTEST HOUSTON-GALVESTON AREA COUNCIL BY JACK STEELE EXECUTIVE DIRECTOR e e STATE OF TEXAS ( ) CITY OF ( ) THIS AGREEt.1ENT made thi s day of , 19 between the CITY OF , TEXAS and the HOUSTON- GAIVrSTON AREA COUNCIL, a Council of Governments of the State of Texas; WITNESS ETH : Pursuant to the authori ty granted by the Texas Interlocal Cooperati on Act (Article 4413 (32c) V.A.T.S.) providing for the cooperation between local governmental bodies, the parties hereto, in consideration of the premises and mutual promises contained herein, agree as follows: I. The City of , hereinafter referred to as "City", makes, constitutes and appoints the Houston-Galveston Area Council, its true and lawful purchasing agency for the purchase of certain items through the Council IS Cooperative Purchasing Program. Said items will be specified by an appropriate City official. The City agrees that the Council shall be the exclusive purchasing agent for said items, and agrees that the bidding shall be conducted by the Council according to the regulations contained in Section IV of the Council's Financial and Accounting Procedures Policy Handbook. II. The City agrees that all specifications for said items shall be as deter- mined by the Council. III. The City, by execution of this agreement, agrees to furnish to the Council with any order a cash amount from current revenues of the City in full payment of the stated order to be retained by the Council until del ivery of the order to the City, at which time, the Council shall pay to the vendor the proper amount for said order. IV. This agreement shall take effect upon execution by the signatories. V. This agreement shall be in effect from the date of execution until the last day of the calendar year of execution, and may be renewed annually there- after. IN WITNESS WHEREOF, the parti es hereto have caused thi s agreement to be executed by their authorized officers the day and year first above written. ATTEST CITY OF BY ATTEST HOUSTON-GALVESTON AREA COUNCIL BY JACK STEELE EXECUTIVE DIRECTOR REOUEI FOR CITY COUNCIL AGENDA W Agenda Dat~ Requested: 12-7-87 Requested By: ~. !'1artinez/ J. Sease Report Exhibits: ~one Department: EMS/"Fire Resolution Ordinance SUMMARY & RECOMMENDATION ~equest anryroval for ~urchase of U.~.~. ~edical Telemetry from Houston-Galveston Area. Council. This item vJaS budrreted for fiscal 1987-83 with Revuue Sharing Funds. ,u ~ -' ~",-\o.i\ rLR ~rv \A...t... ~f-- 1: \OJ00U \ -- Action Required by Council: Annroval Availability of Funds: General Fund Capital Improvement Other Account Number: 025-500-517-322 V ~>. Water/Wastewater General Revenue Sharing Funds Available: ~ YES __ NO Approved for Citv Council Agenda G7~ '"G ~ Robert T. Herrera City Manager l,---'-t-~I DATE e e REQUEST FOR CITY COUNCIL AGENDA ITEM Steve Gillett 87 Agenda Date Requested: Requested By: X Public vlorks Report Resolution Ordinance Exhibits: Recommendation of Purchasing Agent Bid Tabulation Sheet SUMMARY & RECOMMENDATION Sealed bid #0219 for plastic garbage bags were opened and read on November 30, 1987. Requests were mailed to five (5) suppliers with two (2) suppliers returning the bids. Suppliers were asked to bid a per pound price for 105,000 pounds of plastic garbage bags. The low bid meeting specifications was submitted by Adams Plastic. There is a 63% increase over the last bid due to the increase in the price of resin used to make plastic. Recommend Council award contract for the purchase of plastic ~arbage bags to Adams Plastic. Action Required by Council: Award contract to low bidder meeting specifications to Adams Plastic. Availability of Funds: X General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: 001-700-702-215 Funds Available: X YES NO Approved for City Council Agenda Q~ \. ~.-' Robert T. Herrera City Manager l1;''L ~I DATE e e P""'::: CITY OF LA PORTE INTEROFFICE MEMORANDUM DECEMBER 1, 1987 To: Steve Gillett, Director or Public Works From: Loois Rigby, Purchasing Manage~~ Subject: Sealed Bid #0219 - Plastic Garbage Bags Advertised, sealed bids #0219 for plastic garbage bags were opened and read in council chambers on November 30, 1987. Bid requests were mailed to five suppliers with the following two returning bids: l)Adams Plastic and 2) Arrow Industries. Suppliers were asked to bid a per pound price for 105,000 pounds of plastic garbage bags. Low bid meeting specifications was submitted by Adams Plastic. The 63% increase over last bid was due to the increase in price of resin used to make the plastic. Please submit your recommendation with an agenda request form by the prescribed time before the next regular Council meeting. If there is a need to delay bringing this to Council, please notify me. xc: Bill Fitzsimmons, Solid Waste Superintendent Attachment: Bid Tabulation e e ~ , . ... Sealed Bid #0219 Adams Arrow Last Plastic Garbage Bags -- Plastic Industries Year l. 105,000 pounds, 30" x 37", 2 mil Price per pound. .615 .625 .38 2. Total Bid $64,575.00 $65,625.00 $39,900. . e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: er 7,1987 ~ Department: , ~esolution Purchasing Requested By: Louis Ri x Report Ordinance Exhibits: Recommendation Bid Tabulation SUMMARY & RECOMMENDATION The janitorial service that has been cleaning City Hall, Public Works and Sylvan Beach did not perform their duties as per specifications and were terminated by 30 day written notice. - More detailed specifications were written and re-bid for the above locations and the Police Administration Building. Each location will be a separate contract administered by the respective department. Staff recommends all four bids be awarded to American Building Maintenance. Action Required by Council: Approve bid awards to American Building Maintenance. Availability of Funds: x General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Several Funds Available: x YES NO Account Number: Approved for City Council Agenda Q~T ~~ Robert T. Herrera City Manager 11- 'L-C6l DATE . . ...-::: ~ ~. CITY OF LA PORTE INTER OFFICE MEMORANDUM TO: Stan Sherwood - Director of Parks and Recreation Steve Gillett Director of Public Works Charles Smith - Chief of Police Ervin Griffith - Chief Building Off~cial Louis Rigby - Purchasing Man - /~) h7i Fn~7 Janitorial Services Contractj/ November 24, 1987 FROM: SUBJECT: DATE: Advertised, sealed bids #0215- City Hall, #0216 - Public Works, #0217- Police Administration, and #0218 -Sylvan Beach, were opened and read on November 16, 1987. Bid requests were mailed to eight companies with the following four returning bids: (1) W & W Maintenance Service, (2) American Building Maintenance, (3) STM Janitorial Services, and (4) Houston Sanitary and Maintenance. Companies were asked to submit monthly fees for specific janitorial services to be performed at the above locations. Each building is considered a separate bid and each will have a separate contract. After tabulating all bids and having spoken to references provided by the companies, it is my recommendation that all four bids be awarded to American Building Maintenance. ABM has been providing janitorial services since 1909 and has over 4,000 employees in the Houston area. This is the third time the City has bid janitorial services in the past year and having such a well established company to do the work would be benefical to the City. Also, ABM would reduce all bids by 2%, if all four bids are awarded to them. If this meets with your approval I will prepare: an agenda-request formjand take.it before Council at their next scheduled meeting. LR/hg Attachment; Bid Tabulation . . P"'::: Sealed Bid # 0215 Janitorial Service . W & W STM \ Houston . American \ ABM I \, \ \Maintenance\ JanitoriaL, Sanitary \ Building \ Less 2% '\service \ Service \ and tfaintenance\ 1 IMaintenance \ \ \ -\ \ \ \ \ \ \ \ \ \ \ \ \ ! \ \ I City Hall $806.00 $1 728.00 $880.00 $824.02 $807.54 ~.. " r . . ...-::: ~ealed Bid /10216 Janitorial Service \ \ W & W STM 1 MaintenancJ Janitorial', \ \ \SerViCe \Service \ , \ , 1 I. Houston Sanitary and \ \ \ Maintenance \ \ , \ \ \ \ \ ' American.. ABM Building \ Less 2% Maintenanee i \ \ \ I \ \ I \ \ i I \ I , \ . Public Works $531. 00 $765.00 $450.00 $495.00 $485.10 .-- -.-. .- . , ...-::: . Sealed Bid # 0217 Po . lice Administration $780.00 NB $390.00 $731. 00 716.38 r -- I I I -1___- \ ' " W & W \ STM ',Houston, American \ ABM " Maintenance \ Janitorial" Sanitary \ Building \ Less 2% '\serVice \ Service \ . and tfaintenance\ _\ \Ma~ntenance \ \ \ I \ \ '\ \ \ \ \ \ \ \ I \ \ \ \ Janitorial Service \ i I ~ =c t_=c -u--T-- -- -- [- -u-1 L__ -r-- - - I I l ~- 1 C -- ---r- I 1 . e P"'::: . . I ~ ., Sealed Bid # 0218 , Sylvan Beach $1,660.00 $1,760.00 $1,340.00 $863.36 $846.09 , ' . W & W STM ., Houston . American \ ABM ... Maintenance \ Janitoria1 Sanitary \ Building \ Less 2% 'Service \ Service \ and rintenance\ \ " iMaintenance \ -. \ \ \ \ ' \ \ \ \ \ \ \ : \ \ i I \ \ \ i Janitorial Service e .. '" .,) -:..~!.;..:"jJ .... ~ Ito. lOX ,n~. U ~'f. T[XAS 77'\" ",' PHONE: "3-."!I020 --.------.-- ~ e AITACHMENT N t~ CITY OF LA PORTE NAME: ADDRESS: ENTITLED TO 1 RABIES VACCINATION.FOR: Name of Dog Color AMNT DUE: AMNT PAID: BLNCE DUE: ('i DATE: PHONE: Breed Cashier's Signature City of LaPorte --'. '- " I &; t::: .. - -,. -:,., S'V7~~'~'I\II'~ I€.' D.... @~ . ' . ~a" .,,'. .'. r:'\:~...'I::'t-- 'n".E"N''''' I''C'''I' .,: "f t'.. ~'" . :'~~l~,~.Lvd ". J..' -E. i .SJI:nr\.~ErKv~R+Si~l ~ : ~.L~ '.S:.: .,C:~!!IO . . , . . . .' . . ~ . ~. e 2 e PHOTO CREDITS Special thanks to: Churchill Downs Claiborne Farms King Ranch Tandem Corp. United States Trotting Association Photographers: Audio Visual Systems Jerry Downs Duomo-Paul J. Sutton Farace Photography John Kyer Bill Straus Jim Turrentine Outfit Photo ~ 1986 Taymar. Inc. e POSITIVE IDENTIFIC_ION. THE LONG-SOUGHT METHOD. Man has had a special relationship with the horse since almost the dawn of civilization. He's helped us to gather food, to maintain our livestock and property, to transport our goods and our families, and even to display our sportsmanship and riding skill. Throughout this evolving relationship, we've sought ways to assure the identity and ownership of these treasured animals - to protect them from loss. misidentification or theft. Whether through malice or just simple error, the identity of a horse can be mistaken - often with tragic results, Breeding lines have been sullied. Horses stolen. Races run with the wrong horse, with literally millions of dollars at stake, or horses destroyed because of a mistaken identity. Brands and lip tatoos have helped alleviate the problem. but they too have their shortcomings. Aside from being painful to administer and cumbersome to read. they are not recorded in all states. They can be duplicated across state lines - or not recognized at all. With the value of individual horses rising with each passing year, the need for a positive. safe and economical means of identifying them has grown to be outstanding. What's needed is an identification system that is so simple almost anyone can use it - the horse owner. race track official, law enforcement officer, or even someone who knows nothing about horses. A system that provides individual identification, and is computerized to offer immediate response from anywhere in the world. 3 SYSTEM I.D. - TH_OLUTION. Designed by a man who has devoted his life to the horse industry and the problems of identification, System J.D. provides a unique and modern solution to an age old dilema. System J.D. utilizes the latest in microchip technology to provide positive, fool-proof, and virtually painless identification, for as long as the animal lives. Microchip shown in comparison to one. cent coin. The system itself is comprised of three simple components: 4 IMPLANTABLE TRANSPONDER: Tmstiny device, no bigger than a pencil lead, is actually a bio-medical glass-encased microchip that has been pre-programmed during its manufacture with a unique and unalterable identifying code. It is easily implanted with a simple syringe, and lies dormant until activated by a low frequency electromagnetic signal - a radio wave - to transmit its identifying code number. Because it has no power source of its own and lies dormant until activated by a reading device, its projected life span is estimated to be well beyond other forms of identification. It's been tested by independent laboratories and found to be completely safe. Yet it's undetectable without the use of the System J.D. scanning device. e SCANNING DEVICE: This reading unit is used to scan the site of the transponder with a low frequency electromagnetic signal, activating the transponder to transmit its code.. The scanner reads and displays the code, then records it in memory for future reference. The scanner has been built to be lightweight and portable, and can be easily interfaced to a central computer. CENTRALIZED COMPUTER REGISTRY: This national data bank, maintained by Taymar, Inc., is the central registry for all System J.D. codes. Identification data on every registered. animal - name, age, owners, distinguishing characteristics, ancestral history, etc. - are recorded and accessible by code number. Available to brand inspectors, racing officials, health authorities and law enforcement agencies, a horse found anywhere can be immediately identified using this system. Proposed system shown. e I I t~~~~~\litl~ I THE APPLICATIONS. THE RACING INDUSTRY. Certainly no other portion of the horse community is as keenly aware of the identification needs as th.e racing community. Literally millions of dollars can ride on the identity of one horse. And, as the 1977 Belmont Sting case attests, the current systems are not fool- proof. No\^/, with a simple pass of the scanning device wand, System LD. can accurately identify each horse, in seconds. The system can easily be modified to interface with a race track's own computer system, so no duplication of files is necessary. It's safe. It's simple. And it works. Every time. e THE BREED REGISTRIES System LD. has been designed to be completely flexible for use within the equine industry, It can easily be interfaced with various breeding associatiOns' data banks. providing a tremendous service to its members. Associations can administer the entire system - from implantation, to registry, to data updates and spot identification, to data file maintenance. All members can be recorded, and provided with a means to pOSitively identify the animal throughout its life and breeding. ~ .' ~-.. . "", ,;~,\ " -".-'.,'..........,. ~'i.-., .. - , ..... ..,.;.. .. " ""1.' ~"*' ,,' .--- "'--"-# ~.- ..... ,'., ,-1.< . - . ,."\'.' " :":"""""--,- .c'"",,_ , ............ 4":.~.f ...._ '. .........,.. ~.:. . .,-:...<>. :,--:' I,J-~___"> ......-, ....-.--'-; ,.r , , '. ,. ,; ,,',; {:" ,,":, '": :", }" ';::.' ; ~ :,~ ~'" .. ....; :,',. ,,,. . .. . .. "., ,. '.' ~r.. ". '.._ ';';' ,.",~ ""." .'..... "'.. !.. 'ii, '2;" :,:- . f'&~:~:) ;-;.!} 1({ ~,.;., ~. ;,. -~~~ii:>;: .:~::i'; ".:::: ~~,..: ,'. ~....,/ -'-C~.'0::'::';"""'>'';'''r''''"t.: ~~ $r:'7 l-' M I '" "".l"~':;"-'-':'"';...>:,:; ,- , ,,,," t', r,' , '''-'''. ". ":-'_,-,"1.~,. '. .'",.";,!....,..'!<<,. . ~ I, . -...,,_ '''"'''...,.,.. , _' '.' "'~,."'._<:.J;."''--_'',....,'.,., r"'_~r, .~~~ l.j,\ "it "\'. '. ,.~.. ",', ,dO;' '. ", '. tii;~HE;~:i1';~'.;;i,\:'}.r:\1 5<':&",. ~ < . .i~:;:;.~~:,;" .~~~~);,: L. '. '- '~''''c' '#r~i""'''''~'1tf'~,'''~e~, '. ~"",-. ~.""'''';{._.,;;;..,;: ';">' :f. ,.,. . r.,. . "" \e;", ',;'. ~.~, '^"'"'' . >..... . ~ .""".. ....",~". ...,...... "''';''''- ,"4..:\.~ r-.....__.~....~... ~~ ~'""l 'if\ ,~.~ ....~ '''-",.. .~~... . !l''-'''' . . -"" h.. llo.:-..\.........."..~_1'r.~. -........ ....""'"1"" ....\; r~ ~ AI. _ ...' '''"".~." -"" 'I~" t .,. '. "t '\/:. -. ,-.. _,.~.., '"lH~" _. """'~ . F >:'.; "".""7' '. ,~ """',,<.,.' ""'_:_~,.,_ . ~ . _. 'V""",." "'. .... "fi. 'C, ",.;i" ~~~'1?':".;--i' ~~"'~"''1'.";....,,, ':"';";;: ',: '''.."." '" o. ~, .;;,;,,.. ""'-":"....;;.:;:.: '."".~;r""'~"...~.".~.l> '. ~. ." '. !.:,....." :.' <<;,...::::: .:,. :-" ii'-z.;"", ~'" ., ~~~"",",~,: >", : . ': '"A '.'C':' ">':~:' ~".. "'~"'...''t''"'''''>l!\',,.' ".~. .;..,~3t - "eit,>~~;;."".~.... ~~" .r..".~=_~.. , ""';"""'>"ro':i:;""~"~~~",,,~ '" . R." ....; <"". ".o.. .~~:1:. '5,'j;.y1:i'J.'7 "~~.'~",'~l'~%";~'~;">'~.l~~~s:')'l~> ,. ~ ~""q:t: ;"~' '..-;; ;~, "~ ' . '.",.' .,. "-'<':'lOOC'" . "'~"""'-:l'7,.;.:.:--,,>'o'<-""' --'..Qr...t,~_.. t"".~1 .,:r~ ... _.'~ .... "~_" t,. 4JL:1.... t....P~....,r.<-a.:...;{;,'_~~L.;-~~'Y\..j.~""~~' :t;,.~'.~):.4:~~~~":"""Jr.",..,;.IJ, .., r ",. '... ,.~:>f;;t'-1 ~ 'W.' '...,. .........,...... .~, . _. _"" . -.~. ...... '.. , I,,',.. ~.,"" ","""",,,,..,. "" .."<t"el1.,"" ~>.;. .. <,...'... ,. ,;' ~ . .....,.. ,~.." 'Y'" ':':;'~"''!''''''''''''. ,,~ .."."'" - - '~.;.>;,.,,-,,, . ....,.,..~,;..".':. :...:, '.,.".,..'M, '.."'"""t.<...:.;;!"...~..,~...v,.,."" iJ;. .._''',-.::~:......... _-", ",,",, "" . , _,. . """''"'''.~''''''''''''''='''c'~,,,,,,,, ......... _~,_"';.;. <'. ", '.. ,'" . ('''".. ~~~~~ -.....,;'~'-,:,J:f.......rfl=':"io:.\iOt~~,.. . ':::b-:'~":::,"-~_:i- ~-,. .... _~.~, "_....,. ... -.;;-:,;;, ;":~l:~-':~~"""~~~~, c.:l:~';h>_"'-"'-:< ~'rr<;"",-,'[,.'''' "~. )J......~.-';... _. . ~;;.::.:.,<..:->-""-..:."""!!-:...;;.. """--,"',./{" ~""'{-,,~ r#."""~'~~ :of"..,. ;c,.... ,. "',,-...', ..";..,.g;i".....~.,..,~,.. ....-.1 ...-...;....'_. " ~_ _ ~.:....'.,....,;..:....! .....~"':').~~<~/~,. ....'(A";. l'~'... .... ~ ~ 5 e HEALTH MAINTENANCE Nothing saddens an owner more than to discover his animal has a serious or fatal disease. Health officials, concerned with the possible spread of a contagious disease must take every precaution to prevent an animal from infecting others. Yet without a means to positively identify many animals he is often compelled to quarantine all members of a herd, or all boarders in a stable. System LD. can minimize this drastic action by providing accurate, reliable identification with a quick wand scan, and maintain that data to be accessible nationwide with a simple phone call. e PLEASURE HORSES As valuable as many horses are in monetary terms, no figure can be placed on the affection that most owners have for their prize animals - be they for business or simple pleasure. The tragic truth is that many of these unsuspecting animals are stolen every year for either resale or delivery to a slaughter house for their "per pound" value. With System LD. plant officials can quickly identify any incoming horse. and determine its true ownership. Law enforcement officials can identify any animals suspected of being stolen or missing with a simple phone call. and see it returned safely to its owner. 6 e .. e SYSTEM I.D. SIMPLE TO IMPLANT. SIMPLE TO DSE. Taymar's easy-to-use implanter is all that is required for the System LD. implantation. The entire procedure can be performed in less than five minutes in three steps: 11] sterilization of the implant area (shaving is optional), [2] implantation, 13] verification of the read site. It's recommended that a qualified veterinarian perform the implant to assure complete safety. #1 Vet shaves and disinfects area to be implanted. #2 Transponder Is implanted with syringe. ~~":"~ f.... " >f~~~t~"> }:,- , \f-..r j; . ,. r .,;ti", ,"r.-,, ""', " .. '. .".: ..."'1M. .. fi~~(;<..;, ..~:"i~:~~, \~fr' ~ 'j \ ", .; \,. .~;,> ",\~,;,';',i.,: ""I~. ~'\ . .:. f)i I ' "fI , ., .' -' 'fC ' t " ". .~ \ '~') " r;;L~ ' ~l\, t'e: t.,.v":,:{~:;,,.:>).. 'i~-J~l,~-1' ;.,' i:;it~!F!:7-:'~ l(~ ~,~~~~~,~"~"~ c:.;,' j;j h "~:~"'~~~~:..:-: " ~"--:1~ i:'~' 11' #3 Transponder reading is verified by Scanning Device. 7 e e HISTORY OF THE' TECHNOLOGY System I.D. has been in , development over the past six years. The technology perfected has required some of the best talent in microelectronics today to shrink the components needed to the size found in the .083" x .400" transponder. Today, the technology is being used by a wide variety of customers, including the U.S. government, to identify everything from migrating fish to laboratory animals, to livestock and milking cows. In addition, the technology is being adapted to solve many of the outstanding problems in transportation, package handling, _ security, and a wide variety of other uses. . System I.D. is available at veterinarians throughout the United States, Canada and Mexico. For more information contact your local veterinarian or call Taymar, Inc. at 303-427-0969. ,.' . Let TAYMAn, 1M: 9101 Hanan Street. Suite 300 Westminster. Colorado 80030 303-427-0969 586-1 Printed In U.S.A. (, .~"f\ '?J e e SiNCE ;867 ()VE~ 1Qa'rEARS JAMES OUTE COMPANY SYSTEM J.D. - TEXAS, INC. TEXAS P. O. BOX 1819/711 WILLIAM ST. / HOUSTON, TEXAS 77251-1819 /223-9371 WATS: TEXAS: 1-800-392-1470 OUT OF STATE: 1-800-231-1844 VETERINARIAN RENTAL PURCHASE PROGRAM System I.D. - Texas, Inc. is able to provide, for a limited time, special pricing and terms on the Model HS-033 scanner. During this period the direct cost to a licensed veterinarian in the state of Texas is $750.00 A rental purchase agreement is also available at this time. Cash Purchase Price: $750.00 $ 50.00 Monthly Rental Fee: THE FIRST THREE MONTH' S RENTJJ~S ONLY SHALL BE DEDUCTED FROM THE CASH PURCHASE PRICE Cash Purchase Price After Three Month's Rental and Thereafter - $600.00 Monthly Rental Fee After Three Month's Rental and Thereafter - $ 50.00 This new and exciting no investment program allows you to I~lEDIATELY START EARNING PROFITS from"implants fees before paying for your scanner. REMEHBER: * The First Finger Print 1904 * The First Social Security Number 1935 * Your First Implant 1987 IV , Chief Executive Officer AN EXCLUSIVE DISTRIBUTOR OF S Y S T E ivI I. D. THE LONG SOUGHT METHOD ?OSITIVE ID[:NTlFICATION e e VETERINARIANS NOW IMPLANTING SYSTEM I.D. 1. ALIEF CLODINE ANI~~L CLINIC 4010-B Highway 6 South Houston, TX 77082 496-9792 2. ALMEDA EQUINE CLINIC 26 White Road Houston, TX 77047 433-6561 3. BEAR CREEK ANIMAL CLINIC 4924 Highway 6 North Houston, TX 77084 463:"8091 4. DR. GOLDSTEIN 920-3303 5. GOSLING R.D. VETERINARY CLINIC 22707 Gosling Road Spring, TX 77389 350-8488 6. GRAND PARK ANIMAL CLINIC 830 Mason Road, A-3 Katy, TX 77450 392-3127 . e e EQUIPMENT Jmplantable Transponder In Disposable Needle. ~ncoded transponder is packed ;.n&ide a ready-to-use, sterilized . ~eedle" Plastic sheath ensures '~f,~~ility during handling. Reader Wand. Battery- powered reader displays identiIication nuinber being scanned on face of reader. Non- volatile memory stores up to 1000 identification numbers. Implanter. Spring-loaded inechanism allows disposable 'p~edle to be retracted for safe, 'e~erile application of the ~pmsponder. IMPORTANT: For proper reading, 'the transponder must be perpendicular (900 angle) to the face of the reader wand. (See illustration). Implants, either intramuscular or subcutaneous, must be made to ensure this 900 angle. DATA RECORDING PROCEDURES . Fill out the Reg.i"stration Data form im.m.ediately after each "./. ,. implant in order to insure accuracy and avoid the possibility of transposition of LD. numbers and data among animals. This is the key element in making System LD. work. The information we input into our computer is only as good as the raw data you . provide. Please be accurate. Follow distribution as indicated on form. White copy is mailed to Taymar, Inc., Canary copy to animal owner, Pink copy to Breed Registry if any, Goldenrod copy is retained by veterinarian. \ . 'PLANTER USE Verify the illenlilicalioIl number of the transponder inside the needle by "reading" it through the protectiv~ packaging using the reader wand. (Fig. 1) Do not rem.ove the needle until the number is verified. Remove the needle and plastic sheath from the protective package apd attach to the implanter, twist to lock in place. Remove plastic sheath. Fig. 1 Choose the proper depth limiter for the implant. Most subcutaneous implants use the 11/.... length depth limiter. For juvenile horses (under 11/2 years) use the 1114" length depth limiter. Adult horses use the 1/2" length depth limiter. Align the set screw on the ring with the arrow in the LOCKED (far left) position Fig. 2 (Fig. 2). It is important that the ring is in the LOCKED position before implanting. .- Hold the needle firmly against the skin for 2-3 seconds, then ~ith a firm, steady pressure insert the needle full length to the face of the depth limiter. Do not attempt to jab the needle in. Steady pressure is all that is needed for a satisfactory implant (Fig. 3). After the needle is fully inserted, rotate . the ring to the right to align the set screw with the RELEASE arrow (far right position) (Fig. 4). With index and middle fingers squeeze ring backward as far as possible to rear of implanter (Fig. 5). Fig. 3 ~ Fig. 4 While maintaining tJus position extract . needle from the animal (Fig. 6). If needle is allowed to move forward prior to extraction improper alignment of the transponder may result in poor or no readings. After implantation, check for proper . read with the reader wand. Remove needle from implanter and dispose of properly. Fig.S . -" ~ ri~. 6 . oA,J e e SITE PREPARATION AND STERILIZATION Locate the area of implant. for t.he species of animalto be implanted from the illustrations in this booklet. For furred animals, clip or shave a I" square area for the intended implant site. For birds, part the feathers to expose . the skin. Apply an antiseptic-antimicrobial preparation such as 70% isopropyl or ethyl alcohol, a chlorhexidine preparation (Nolvasan surgical scrub) or tamed iodine (Betadine scrub). Note: Iodine preparations should not be used on- cats. Saturate a cotton ball with the chosen antiseptic-antimicrobial and scrub the skin surfuce with successive saturated cotton balls until the cotton ball surface which contacted the skin appears clean. , For birds apply 70% isopropyl or ethyl alcohol, or a plain chlorhcxidinc solution. Avoid surgical scrub products . containing a detergent component that may remove natural oil from the fcathers. Scrub the bird's skin as described above. e e DESIGNATED IMPLANT SITES BIRDS Intramuscular SITE - Place the bird in dorsal recumbrancy (on it.s hack) and part the feathers over the left breast muscle (feci the keel bone for a landmark). IMPLANTATION - When the left breast muscle has been located, position the implanter needle at an nngle of 45 degrees to the skin surface. Pierce the skin and continue penetration at the 45 degree angle into the breast muscle until the needle is inserted to the face of the depth limiter. After deposition of the transponder, withdraw. the needle and apply finger pressure to the implantation site using antiseptic-antimicrobial saturated cotton. This pressure should be applied for 30-60 seconds to avoid capillary hemmorhage (bleeding). CARE SHOULD BE TAKEN DURING THE RESTRAINT PROCESS NOT TO ENVELOP THE BIRD'S CHEST WITH THE HANDS. SUCH RESTRAINT CAN INHII3IT BREATHING TO A DANGEROUS EXTENT; . . ' Note: Avoid surgical scrub products containing a detergent component that may remove natural oil from the feathers. 11 :e e DOGS Subcutaneous SITE - Crest of the neck, left of centerline, approximately one- fourth of the way forward from the withers to the ears. IMPLANTATION - With the implanter needle positioned at a 450 angle to the skin surface, pierce the skin. Once the skin is . pierced, position the implanter more parallel to the skin surface and penetrate subcutaneous tissues until the needle is inserted to the face of the depth limiter. Deposi~ the transponder in the tissue under the skin (subcutaneously) and withdraw the needle. Apply finger pressure to the implantation site for 30-60 seconds using antiseptic-antimicrobial saturated cotton. - A \! 'Y")y; j\ !~ i \ ~"'~" '- "-.-:-:; '-.- f\ ~ ,t !\ II (\ '\ 17 e CATS e Subcutaneous (Beneath the skin) SITE - Crest of the neck, left of centerline, approximately one- fourth of the way forward from the top of the shoulder to the ears. IMPLANTATION - With the implanter needle positioned at a 45D 'angle to the skin surface, pierce the skin. Once the skin is pierced, position the implanter more parallel to the skin surface and penetrate subcutaneous tissues until the needle is inserted to the face of tne depth limiter. Deposit the transponder in the tissue under the skin (subcutaneously) and withdraw the needle. Apply finger pressure to the implantation site for 30-60 seconds using antiseptic-antimicrobial saturated cotton. \. ~~ r~) Note: Iodine preparatiuns should 1wi be used on cats for sterilization. ~~~ '<\. (4 \~ I \.. ,., " '\.. .;". " !I I' II . ~ I . ! " 13 e - CATTLE Subcutaneous SITE - Crest of the neck, left of centerline, approximately 4" forward from the top of the shoulder. IMPLANTATION - With the implanter needle positioned at a 450 angle to the skin surface, pierce the skin. Once the skin is pierced, position the implanter more parallel to the skin surface and penetrate subcutaneous tissues until the needle is inserted to the face of the depth limiter. Deposit the. transponder in the tissue under the skin (subcutaneously) and withdraw the needle. Apply finger pressure to the implantation site for 30-60 seconds using antiseptic-antimicrobial saturated cotton. ~A - ~:.~~::tJ ~~~~r:'~~ ! ~ ,! " ~ \ ;1 'JlO . ~ I, I' I ~ . . : I : j I' . , l . : I. I' (~ ~ \ q ( , . I ( ! e e HORSES Intramuscular SITE - The "on" side (left side) hnlfw;,y between the enrs and the withers, approximately 1" to 2" uown from the line of the mane. IMPlANTATION - With the implanter needle positioned at a 900 angle (perpendicular) to the skin surface, pierce the skin. Once the skin is pierced, continue steady penetration into the muscle until the needle is inserted to the face of the depth limiter. Use the 1114" depth limiter for horses less than 11/2 years old and the 1/2" depth limiter for horses older than 11/2 years. After deposition of the transponder, withdraw the needle. Apply finger pressure to the implantation site for 30-60 . seconds using antiseptic-antimicrobial saturated cotton.' ~>qlj ~\\ '1; ; :~ ~;.~ , ~~ :~ , -~~ ,I: .~,~~ ~ 'L '; .\U :.' ,~ '.1 !w .~ :~ ~, :" ~. . e e SHEEP - GOATS Subcutaneous SITE - Crest of the neck, left of centerline, approximately one- fourth of the way forward from the top of the shoulder to the ears. IMPLANTATION - With the implanter needle positioncd at a 450 angle to thc skin surface, pierce the skin. Once the skin is pierced, position the implanter, more parallel to the skin surface and penetrate 'subcutaneous tissues until the needle is inserted to the face of the depth limiter. Deposit the' transponder in the tissue under the skin <subcutaneously) and withdraw the needle. Apply finger pressure to the implantation site for 30-60 seconds using antiseptic-antimicrobial saturated cotton. .\ ~ I: 'I 11 I' I' ,; I e e RABBITS Subcutaneous SITE - Crest of the neck, left of centerline, approximately one- fourth of the way forward from the top of the shoulder to the ears. IMPLANTATION - With the implanter needle positioned at a 450 angle to the skin surface, pierce the skin. Once the skin is pierced, position the implanter more parallel to the skin surface and penetrate subcutaneous tissues until the needle is inserted to the face of the depth limiter. Deposit the transponder in the tissue under the skin (subcutaneously) and withdraw the needle. Apply finger pressure to the implantation site for 30-60 seconds using antiseptic-antimicrobial saturated , ~ I""" _..J ~ (/-:- 21 e e SWINE Connective Tissue SITE - 1 )/2" lateral to the anal opening on the animal's right side. Il\IPLANTATION - With the implanter needle positioned at a 900 angle to the skin surface, pierce the skin. Once the skin is pierced, continue steady penetration into the skin and underlying tissues to the face of the 11/,.' depth limiter. Apply finger pressure to the implantation site for'30-60 seco.nds using antiseptic-antimicrobial saturated cotton. ,',,' e . e " . ".,.~ : ':'J' t. .,._ ..... .' ~ .,. I ..' . ~;.::~ ,I,"': . '1, '. ~ ....."? .' , In~t'ead of 'tags" L.A. 'dogs h.ave 'chip ~n shoulder: , ' .. ,..,.'. :. ' .: . " .: ; .': '. . .:: .' .';' : .' LOS ANGELES CAP)':"- EI~c'tronic'b~~ps ~mly'~e~-:';'~::'the chips::silld B~ffum:'contain data on' the';pe1~ place dog tags as a method of identifying the family,. , owner. Scannmg wands, waved over the animals, real:! . pet.. .... ~ .' the codes and tell dog catchers where the pet belong,. Dr. Michael Buffum. a veterinarian, told the Los, ", Buffum says such microchips, ab<;lut,the size of~. . Angeles Animal Regulation Commission on Monday., grain of rice. eventually may replace conventional c0l- . lhat he and about 20 other veterinarians in the Los . lar tags. Some advantages are that they can't fall ci1f Angeles area have begun implanting microchips be- . . and can only be removed or altered via surgery.. · tween dogs' shoulder blades. . . . .. ':.. :' Cats may also be outfitted with the microchips. ~ . , . ' .' . , ---.--' - ~ THEFILE' f ~ { a The tiny ID chip. technicaJly known as a passive integrated transponder. is encased in a biocompatibJe glass cylinder Y.w of an inch thick. The encoded microchip is bonded to 18 feet of coiled wlz'e y,.<m of an inch in diameter-1)nJy one.fourth the thickness of a human hair. ~ THEFILE: o. ",.,to " ~... .,.J. Once passed over the horse's neck area. the hand-held scanner "exCItes" the chip to transmit Its ldentlfytng code. wmch appears on the digltaJ readout in a matter of seconds. U the horse has not been lI1lplanted. the readout regJSters "No ID Found. " SINCE (~) le~ OVER 100 YEARS e JAMES BUTE COMPANY SYSTEM I.D. - TEXAS, INC. P. O. BOX 1819/711 WILLIAM ST. / HOUSTON. TEXAS 77251-1819/223-9371 WATS: TEXAS: 1-800-392-1470 OUT OF STATE: 1-800-231-1844 COMPUTER BYTES DOG Texas is going DOG-WILD over computer chips for dogs, cats and other valuable animals. This permanent ID system is: . a microchip the size of a grain of rice . easily implanted with a syringe (NOT surgery> . permanent identification . Excellent for show animals . Cannot be visually detected . guarantees proof of ID in case of theft . replaces lip tatoos and branding . Used by the Houston Police Canine Division Scanners are in place now at the Houston SPCA, Special Pals, Center for Animal Protection and soon to be located at the County Animal Control Center. An excellent video tape presentation is available. We will be happy to arrange a full demonstration. Chris Criner Systems I.D. - Texas, Inc. AN EXCLUSIVE DISTRIBUTOR OF SYSTEM LD. THE LONG SOUGHT METHOD POSITIVE IDENTIFICATION e . REOUEST to'I'" ~ITY COUNCIL AGENDA ITEM Agenda Date Requested: i~/1/ F? I Requested By: B. Herrera Department: Administration Report Resolution xx Ordinance Exhibi ts: TMRS Rate Analysis Memorandum TMRS Rate Schedule for 1988 TMRS Explanation of Plans Updated Ser~ice Credit and Increase in Retirement Annuities Ordinance Adopting S.B.505 Provisions SUMMARY & RECOMMENDATION The TMRS City Contribution rate in 1987 has been 7.05% of gross salaries. This rate has included the Basic Plan Offering, the Updated Service Credit provision and the annual retiree annuity increase. In order to provide these same plan options in addition to several benefit changes brought about by &.B.505, the City's 1988 contribution rate would become 7.78% of gross salaries. Approval of these TMRS options would reemphasize the City's commitment to an above average retirement benefit program for its employees. A combination of the City's budgeting schedule, the TMRS rate reporting schedule and changes in the TMRS Act (as a result of S.B.505) resulted in the City budgeting TMRS at a rate of 7.25% for 1988. In actuality, the 1988 contribution rate should be approximately 7.78%. The dollar differences in rates may be offset through the normal cause of attrition throughout the year when vacant positions' salaries are not expended but instead are credited against any TMRS funding shortages. This recommendation to adopt the updated service credit, retiree annuity increases and the provision of S.B.505 does not include the renewal of a 1984 ordinance which allows for buyback of forfeited TMRS service under another City. Staff does not feel comfortable recommending a higher TMRS contribution rate for 1988. This benefit should, however, be readdressed next budgetary session. Action Required by Council: Approval of Updated Service Credit Ordinance Approval of S.B.505 Provisions to the TMRS Act Availability of Funds: xx General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: n;v;~;onal Rudgp.t~ Funds Available: XX YES NO Approved for City Council Agenda Qd-b-~t T tk,,-"-Il.A+_, Robert T. Herrera City Manager 1\ h~ t1\"l ~ DATE e e r-::: . CITY OF LA PORTE INTER-OFFICE MEMORANDUM FROM: Mayor Malone & La Porte City Council Bob Herrera, City Manager~ TO: DATE: RE: 12-2-87 Adoption of TMRS Ordinances La Porte City Council voted in September 1969 to become a member of the Texas Municipal Retirement System. Both La Porte and TMRS have come a long way since then but the need for a strong employee retirement system remains a prime employee benefit. From the original 49 employee members in 1969 to the nearly 250 current employee members, the City has always held a responsive role to this and other key employee benefits. For example, the change to a 2 to 1 City Contribution ratio in 1975, the 10 year vesting provision in 1981, the Previous Service Buyback in 1984 and the continuous passage of the Updated Service Credit Ordinances since 1982 are several actions which Council has taken to keep our City's TMRS account modern and of benefit to the employees. Public sector employment has traditionally had to offer richer benefit programs to compete with higher private sector earning potentials. In an age where the public sector must compete for the brightest and best workers,. previous City Councils have taken the actions listed above to enrich one facet of the City's compensation program to draw and keep good employees. This Council is being asked to consider approving the Updated Service Credit and Retiree Annuity Increase (UPS & RAI) Ordinance and a seperate ordinance which would allow 4 changes to our TMRS benefit package. It is felt that the cost of these two ordinances can be borne through regular annual attrition and lower starting and promotional salaries. The UPS & RAI Ordinance would; 1.) raise employee retirement accounts to the level of the current annual contribution for the .past three years and, 2.) raise retiree's monthly annuity by 70$ of the inflationary rate. The adoption of Ordinance 1567 would e e P""::: TMRS Pg. 2 include the following benefits allowable by Senate Bill 505; 1. Retirement at any age with 25 years of creditable service, 2. Survivor benefits for the spouse of a deceased employees who is vested at the time of death, 3. Occupational disability retirement plan allowing certain benefits for employees who become disabled to perform their particular job or occupation, 4. Prior service credit for those employees previously ineligible for TMRS membership due to age restrictions (La Porte does not have any such employees). In order to facilitate your consideration of these two TMRS ordinances, staff has compiled laborforce statistics requested by Councilman Porter. e e ~- CITY OF LA PORTE LABOR FORCE ANALYSIS 1. The average tenure of a City of La Porte employee is 4.75 years. The median tenure is 4.0 years. 2. The average exempt employee salary is $29,649. The average nonexempt employee salary is $20,860. The average overall employee salary is $23,840. 3. The total number of vested employees is 26. 4. The total number of budgeted Fy 87-88 positions is: full-time part-time 236 .-!l3 * 279 * Part-time personnel are not eligible for TMRS benefits. 5. The number of currently vested employees under 35 years of age is 2. 6. Projected City TMRS Contributions - if salaries increase by by a constant 3% and the TMRS rate increases by a constant .5%. Projected Projected Projected Calendar Year Salaries TMRS Rate Citv Contribution 1987 $5,896,828 7.05% $409,298 1988 6,079,204 7.78% 472,962 1989 6,261,580 8.28% 518,459 1990 6,449,427 8.78% 566,260 7. In calculating personnel services for the annual City budget, a factor of approximately 29% is added to regular salaries to calculate total personnel services costs. This margin includes such employee benefits as workers compensation, FICA, health insurance, life insurance, longevity and TMRS. TMRS makes up a quarter of this margin. e . P""":: TEXAS MUNICIPAL RETIREMENT SfSIEM 1200 NORTH INTERSTATE 35. POST OFFICE BOX 2225 AUSTIN. TEXAS 78768 AC 512/476,7577 August 14, 1987 Mr. Doug De La Morena Director of Personnel City of La Porte P. O. Box 1115 La Porte, Texas 77571 Dear Doug: The Updated Service Credit and Annuity Increases study for the City of La Porte has been completed. Enclosed is an Explanation of Plans, along with benefit estimates for both active employees and retirees under the various proposed plans. Under Plan 2, the City can adopt 100% Updated Service Credit, including the Updated Service Credit for 11 transfer member(s) with un forfeited credit in other TMRS member cities. This plan also includes the adoption of the following provisions of Senate Bill 505: 1) 2) 3) 4) Retirement at any age with 25 years of creditable service, Survivor benefits for the spouse of deceased employees who are vested at the time of death, Occupational disability retirement plan allowing certain benefits for employees who become disabled to perform their particular job or occupation, Prior service credit for those employees previously ineligible for TMRS membership due to age at the time of employment, who will become members of TMRS effective September 1, 1987. Our records indicate you have no over-age employee(s). In addition, the City could adopt Plan A under Annuity Increases, which would grant each retiree an increase equal to 70% of the change in the Consumer Price Index, less previously granted increases. If previously granted increases exceed the percentage of the change in the CPI since retirement, the retiree will not receive an increase and will retain their present benefit. If the benefits of Plan 2 (Updated Service Credit) and Plan A (Annuity Increases) are adopted, the City's 1988 contribution rate will be 7.78%. The City will have twenty-five years in which to amortize the additional cost of these benefits. Because of the retirement plan improvements that your employees and the City will realize at a small additional cost, we highly recommend that the City adopt the S.B. 505 provisions described in the second paragraph. We have had a great deal of interest from our member cities in these provisions. Should you have any questions regarding the study, please feel free to contact our office. GWA/1c Enclosures Sincerely, u.~ 7If (l~ ary ~ Anderson Assistant Director , . UPDATED SERVICE CREDIT AND ANNUITY INCREASE STUDY 728 - CITY OF LA PORTE I~ UPDATED SERVICE CREDITS ------------------------------------------------- ... , EFFECTIVE DATE - JANUARY 1. 1988 PROPOSED PLANS --------------------------------------------------------------- PRESENT PLAN 1 2 ------------ ------- ------- DEPOSIT RATE 7.00% 7.00% 7.00% MATCHING RATIO 2.0/1 2.0/1 2.0/1 VESTING 10 YRS 10 YRS 10 YRS S.B. 505 OPTIONS NO NO YES UPDATED SERVICE CREDIT 100(87) 100% 100% CONTRIBUTION RATES 1987 1988 1988 1988 ------------------ NORMAL COST 5.44 5.90 5.90 6.11 PRIOR SERVICE 1.31 1.31 1.31 1.38 SPECIAL ADDITION* 0.01 0.01 RETIREMENT 6.75 7.21 7.22 7.50 SUPPLEMENTAL DEATH(A&R) 0.28 0.27 0.27 0.27 TOTAL RATE (%) 7.03 7.48 7.49 7.77 UNFUNDED ACCRUED LIABILITY($) 1866272 1945557 2042084 AMORTIZATION PERIOD IN YEARS 24 25 25 II. ANNUITY INCREASES 3 4 5 e 1988 1988 1988 25 25 25 PROPOSED PLANS A B C D .....------ E e --------------------------------------------------------------- PERCENTAGE OF CONSUMER PRICE INDEX (CPI-U) 70 ADDITION TO THE PRIOR SERVICE CONTRIBUTION RATE (%) 0.01 ADDITION TO THE UNFUNDED ACCRUED LIABILITY ($) 7831 TO DETERMINE THE CITY'S CONTRIBUTION RATE UNDER VARIOUS COMBINATIONS OF UPDATED SERVICE CREDITS AND ANNUITY INCREASES -- ADD THE TOTAL RATE (%) UNDER THE APPROPRIATE UPDATED SERVICE CREDIT PLAN TO THE PERCENTAGE RATE SHOWN UNDER THE VARIOUS ANNUITY INCREASE PI.ANS. ' *ADDITION TO PRIOR SERVICE CONTRIBUTION RATE FOR SPECIAl. UPDATED SERVICE CREDITS FOR TRANSFERS. THERE WERE II' ELIGIBI.E TRANSFER EMPLOYEES FOR THE CITY ON THE STUDY DATE. ~ e . r-:::: TMRS UPDATED SERVICE CREDIT AND ANNUITY INCREASE STUDY EXPLANATION OF PLANS The primary purpose of Updated Service Credits (USC) and annuity increases is to allow retirement plans in the Texas Municipal Retirement System (TMRS) to be more responsive to inflation. The TMRS Act provides a member city with the opportunity to adopt USC and to increase benefits to annuitants as often as every year; therefore, a member city can provide regular protection against inflation in its retirement plan for both employees and annuitants. The result of a city's adopting 100% USC is that the benefit credit that each member employee has accrued for all service rendered to the city before the "study date" (one year prior to the effective date) is calculated as if (0 the member's salary had always been equal to the average monthly compensation paid to the member by the City during the three years preceding the "study date," (2) deposits had always been made on that assumed salary at the deposit rate in effect on the effective date of the adoption of USC and (3) the city had always 'had the matching ratio in effect on the effective date of the adoption of USC. In other words, a member's benefit credit is -.calculated on the basis of the higher wages the member has recently received instead of on his actual career wages*, and in some instances, on a higher deposit rate and a higher matching ratio than were actually in effect in the past. If the city adopts USC of less than 100% - any multiple of 10% is allowable - the benefit credit for a member will be less. USC plans have been developed for your city based on the following procedures: 1. The first plan is based on the employee deposit rate and the city matching ratio in effect on January 1, 1987, and maximizes benefit credits for the employees. 2. The second plan is the same as -the first plan with the addition of the S.B. 505 options, which are the new "own-occupation" disability program, the 25-year retirement eligibility provision, and the surviving spouse ,benefit for cities with a vesting provision. 3) If your city has a city matching ratio other than 2/ I or an employee deposit rate other than 7%, then a third plan is shown with a higher city matching ratio or a higher employee'deposit rate and with the S.B. 505 options. 4) If your city requested specific plans (for example, plans including the adoption of the Optional Benefits J?ackage), then those plans are shown. A city can also adopt special USC for eligible transfer employees. If . the" city adopts this optional feature, the USC will be calculated as if all credited service of the employee in TMRS had been performed with the city. An eligible transfer employee is an employee with at least three years of service with the city who has other credited service in TMRS because of previous employment in one or more other cities that participate in TMRS. The adoption of this feature would provide such an employee total credits in TMRS equal to what they would have been if all of the member's credited service had been with the city. * In addition, a member's actual deposits to TMRS, at some time in the past, may have been based on less than his full salary because of a maximum salary on which deposits could be made. The adoption of USC not only replaces career wages with recent wages but also compensates for any deposits made on less than full salary. , . e e ~ , , . The special USC for transfers may be adopted along with the adoption of regular use but may not be adopted by itself. The increase in the prior service contribution rate for the special USC is shown separately in case the city decides not to adopt the special USC. Similar in nature to the regular USC, a special USC will not change (except for ,~' interest accumulation) until the city again adopts the special USC feature; so it should be considered a companion of the regular USC adoption. A city can adopt increases in the annuities for retired employees or their beneficiaries which are related to changes in the Consumer Price Index for all Urban Consumers (CPI-U) published by the Bureau of Labor Statistics. The adoption of such increases does not set in motion a series of automatic annual increases that are tied to future changes in the CPI-U. Rather the increases are related to changes in the CPI-U during the period from December just preceding the effective date of retirement to December 1986. In addition, each time the city wants to put increases into effect, it must pass an ordinance. j '1'"~ '" The city specifies a percentage of the change in the CPI-U, which may be at least 10%, not greater than 70%, and may be any multiple of ,%. In selecting the percentage, the city should consider not only the cost of the increases but also the amounts of increase that would be provided to each of the annuitants. The amount of increase with any selected percentage of the CPI-U will vary for each annuitant, depending upon the date of retirement, the original amount of the annuity, and the amount of any previous increases in the annuity. .~ It should be pointed out that it is the original annuity which is increased. PreviOusly granted increases, including those level percentage increases (not to exceed '096) which may have been adopted from 1976 through 1981, are. recognized on an individual basis in determining the amount of increase that a new adoption of annuity increases will provide. For example, suppose a retiree originally received $100 per month. Since retirement the CPI-U has increased 1.5096. Granting 7096 of 1.5096 would result in an increase of $10.5 (70% x 1.5096 X $100). However, if the city had previously adopted a .50% increase in 1978 resulting in an increase of $.50, then his current annuity would be $1.50. The calculated $10.5 increase would be reduced by that previous $.50 increase so that the new increase would be $.5.5, and the new total annuity would be $20.5. Increases in annuities may not be adopted unless the city simultaneously adopts Use. -. Since USC can be adopted as often as annually, increases in annuities can also be adopted annually. The actuarial liability for the increases in annuities would be an addition to the Wlfunded accrued liability for the city's retirement plan and would be amortized over the 2.5-year funding period associated with the adoption of USC. The actuarial cost of fundirig .ttie increases in annuities is shown, therefore, as a contribution rate which would be added to the prior service contribution rate of the USC plan which the city decides to adopt. The best way to provide continuing protection against inflation for both employees and annuitants is to adopt USC and annuity increases on a regular basis, for example, every year. Yearly adoption not only will provide the best protection for benefits against inflation but also will result in more stable retirement contribution rates over the years. The longer a city waits between adoptions of USC and annuity increases, the more ground there is to make up against inflation and the more its contribution rate will have to be increased. e e r-::: <' TMRS-C- T (Rev. 6-83) ( " ORDINANCE NO. 1566 TEXAS MUNICIPAL RETIREMENT SYSTEM AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE. CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF LA PORl'E r TEXAS ; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND. BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS. BE IT ORDAINED T.~ P()'Rl"R BY _ THE CITY , TEXAS: COUNCIL OF THE CITY OF Section 1. Authorization of Updated Service Credits. (a) On the terms and conditions set out in Sections 63.401 through 63.403 of Title 110B, Revised Civil Statutes of Texas, 1925, as amended, each member of the Texas Municipal Retirement System who has current service credit or prior service credit in said System in force and effect on the Ist day of January, 1988, by reason of service in the employment of the City of La. Porte , and on such date has at least 36 months of credited service with said system, shall be and is hereby allowed "Updated Service Creditll (as that term is defined in subsection (d) of Section 63.402 of said title) in an amount that is 100% of the "base Updated Service Credit" of the member (calculated as provided in subsection (d of Section 63.402 of said title). The Updated Service Credit hereby allowed shall replace any Updated Service Credit, prior service credit, special prior service credit, or antecedent service credi t previously authorized for part of the same service. (b) On the terms and conditions set out in Section 63.601 of said title, any member of the Texas Municipal Retirement System who is eligible for Updated Service Credits on the basis of service with this City, and who has unforfeited credit for prior service and/or current service with another participating municipality or municipalities by reason of previous service, and was a contributing member on January 1, 1987, shall be credited with Updated Servlce Credits pursuant to, calculated in accordance with, and subject to adjustment as set forth in said 63.601. (d In accordance with the provisions of subsection (d) of Section 63.401 of said title, the deposits required to be made to the Texas Municipal Retirement System by employees of the several participating departments on account of current service shall be calculated from and after the date aforesaid on the full amount of such person's earnings as an employee of the City. e e P"'::: , Updated Service Credit with Transfers Ordinance (continued) Page 2. Section 2. Increase in Retirement Annuities. (a) On terms and conditions set out in Section 64.203 of Title 110B, Revised Civil Statutes of Texas, 1925, as amended, the City of La Porte hereby elects to allow and to provide for payment of the increases below stated in monthly benefits payable by the Texas Municipal Retirement System to retired employees and to beneficiaries of deceased employees of this City under current service annuities and prior service annuities arising from service by such employees to this City. An annuity increased under this Section replaces any annuity or increased annuity previousiy grarit~d to the same person. (b) The amount of annuity increase under this Section is computed as the sum of the prior and current service annuities on the effective da te of retirement of the person on whose service the annuities are based, multiplied by 70% of the percentage change in Consumer .., Price Index for All Urban Consumers, from December of the year immediately preceding the effective date of the person's retirement to the December that is 13 months before the effective date of this ordinance. (c) An increase in an annuity that was reduced because of an option selection is reducible in the same proportion and in the same manner that the original annuity was reduced. (d) If a computation hereunder' does not result in an increase in the amount of an annuity, the amount of the annuity will not be changed hereby. (e) The amount by which an increase under this Section exceeds all previously granted increases to an annuitant is an obligation of this City and of its account in the municipality accumulation fund of the Texas Municipal Retirement System. Section 3. Effective Date. Subject to approval by the Board of Trustees of Texas Municipal Retirement System, the' updated service credits and increases in retirement annuities granted hereby shall be and become effective on the 1st day of January, 1988. Passed and approved this the . 7 tJ:l day of _De,cember , 19 87 ATTEST: APPROVED: Ci ty Secretary or Clerk Mayor e e ...-:::: ,. T\iRS-A(505) ORDll{ANCE NO. 1567 TEXAS MUNICIPAL RETIREMENT SYSTEM AN ORDINANCE AFFECTING PARTICIPATION OF CITY EMPLOYEES IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM; GRANTING THE ADDITIONAL RIGHTS, CREDITS AND BENEFITS AUTHORIZED BY SECTIONS 64.202(f), 64.204, 64.405, 64.406 AND 64.410 OF tiTLE 110B, REVISED CIVIL STATUTES OF TEXAS, 1925, AS AMENDED BY THE 70TH LEGISLATURE; AND PRESCRIBING THE EFFECTIVE DATE OF THIS ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORI'E , TEXAS: Section 1. Pursuant to the provisions of Sections 64.202(f), 64.204, 64.405, 64.406, and 64'.410 of Subtitle G of Title 110B, Revised Civil Statutes of Texas, 1925, as amended by the 70th Legislature of the State of Texas, Regular Session, which Subtitle shall herein be referred to as the "TMRS Act," the City of La Porte , Texas, adopts the following provisions affecting participation of its employees in the Texas Municipal Retirement System (which retirement system shall herein be referred to as the "System"): (a) Any employee of this City who is a member of the System is eligible to retire and receive a service retirement annuity, if the member has at least 25 years of credited service in that System performed for one or more municipalities that have participation dates after September 1, 1987, or have adopted a like provision under Section 64.202(f) of the TMRS Act. (b) If a "vested member," as that term is defined in Section 64.204(b) of the TMRS Act, shall die before becoming eligible for service retirement and leaves surviving a lawful spouse whom the member has designated as beneficiary entitled to payment of the member's accumulated contributions in event of the member's death before retirement, the surviving spouse may by written notice filed with the System elect to leave the accumulated deposits on deposit with the System subject to the terms and conditions of said Section 64.204(b). If the accumulated deposits have not been withdrawn before such time as the member, if living, would have become entitled to service retirement, the surviving spouse may elect to receive, in lieu of the accumulated deposits, an annuity payable monthly thereafter during the lifetime of the surviving spouse in such amount as would have been payable had the member lived and retired at that date under a joint and survivor annuity (Option 1) payable during the lifetime of the member and continuing thereafte~ during the lifetime of the surviving spouse. (c) At any time before payment of the first monthly benefit of an annuity, a surviving spouse to whom subsection (b) applies may, upon written application filed with the System, receive payment of the accumulated contributions standing to the account of the member in lieu of any benefits otherwise payable under this section. In the event such a surviving spouse shall die before payment of the first monthly benefit of an annuity allowed under this section, the accumulated contributions credited to the account of the member shall be paid to the esta te of such spouse. (d) The rights, credits and benefits hereinabove authorized shall be in addition to the plan provisions heretofore adopted and in force at the effectiVe date of this ordinance pursuant to the TMRS Act. (e) Any employee of this City who is a member of the System is eligible to retire and receive a "standard occupational disability annuity" under Section 64.40& of the TMRS Act or an "optional occupational disability retirement annuity" under Section 64.410 of the TMRS Act upon making application therefor upon such form and in such manner as may be prescribed by . e ~ TMRS-A(505) ORDINANCE NO. 1567, Page 2. the Board of Trustees of the System, provided that the System's medical board has certified to ~ said Board of Trustees: (1) that the member is physically or llJ,entally disabled for furtheri performance of the duties of the member's employment; (2) that the disability is likely to be permanent; and (3) that the member should be retired. Any annuity granted under thFs subsection shall be subject to the provisions of Section 64.409 of the TMRS Act. ' (f) The provisions relating to the occupational disability program as set forth in" sectibn (e) above are in lieu of the disability program heretofore provided for under Sections 64.301 to 64.308 of the TMRS Act. I Section 2. This ordinance shall become effective on the first day of January , 19l1i!, provided that it has previously been determined by the. Actuary for the System that all obligations of the City to the municipality accumulation fund, .; including obligations hereby undertaken, can be funded by the City within its maximUrl1 contribution rate and within its amortization period. Passed and approved this the -7th day of _ December , 1987. ATTEST: APPROVED: City Secretary or Clerk Mayor ... I e e ~eemE\ & Co. 11'c. INVESTMENT PROPERTIES Fin I Ci1l Tow"" $lIi". 1410, 1001 F"""i", HOII"o", T""", 77001 January 15, 1987 The Honorable Nonman Malone Mayor of the City of LaPorte and the Members of the Council P. O. Box 1115 LaPorte, TX 77571 Dear Mayor Malone and Council: I attended the zoning hearings both before P & Z and before the city council last Thursday, and I am aware that you intend to conduct a work session next Tuesday on this matter, and hopefully plan to adopt the recommended zoning with some modifications, on the 26th of January. I would sincerely like to commend the long and arduous task that you and the council have set out to accomplish using the best possible advisors, both in engineering and in land planning. There have been a series of neighborhood hearings and now, finally, you have arrived at that point of decision. There has been a recognizably consistent determination by all of the experts that have formulated recommendations as to areas of specific zoning. All of these experts and advisors including the engineering department of the City seem to agree and have made similar recommendations. As we are all very much aware, there has been a lot of protest, some of which has been inconsistent and unwarranted. Obviously, we, the Weems family, are significant land owners in the area and, I think, have worked very cooperatively with the City and it's officials in helping them to acquire sufficient lands on \~ich to build a municipal golf course. This golf course was conceived and hopefully will be built as a.means by Which to stimulate development of all kinds in our area. Your.proposed new zoning ordinance reflects the most advantageous way of developing same of the lands that are on the . ,,^,e!'em_ .. Co. 1.,0. I II " . " , .. . ., . II 0 · · II , I · · e e perimeter of this golf course, a good portion of which is owned by our family. We are very satisfied with the zoning that you have come up with and would, therefore, sincerely request that you do pass the ordinance more or less as it is, at least with respect to our properties. We would be deeply opposed to any change of the suggested zoning on the strip lying west of Broadway, adjacent to the golf course. We find it presumptuous and preposterous for people living in some cases, l,~~~ feet away from the Weems property, to exert such powerful pressure on the City with respect to someone else's property and their inherent property rights. The suggested R3 zoning for this strip is absolutely correct. It ~s in keeping with the trend along Broadway which, of course, in Shore Acres has R3 on both sides of the road. If at some later time a medium rise condominium or retirement building were constructed on this strip or even a hotel, it would greatly enhance the quality of life in"the area, take advantage of the presence of the Bay and Golf Course, and would not have any detrimental affect upon those property owners on the east side of Broadway, fronting on the Bay. I intend to live and enjoy my property on the water front for many years to come, and my family thereafter. I have absolutely no objection whatsoever in there being a six-story building or two-story garden apartments across t~e wide right-of-way of Broadway. 1 have only a 1/4 interest in that property, while I am at the same time a l~~% owner on the water front. Most of the objections are coming out of Oyster Bay, which as you also recall, I developed. Developers seem to have gotten a bad name among the residents of the water front, and for some reason, attractive development is equated to the development of slums and run-down neighborhOods. Believe me, we would 'be lucky to get development of any kind during this terrible economic crisis in the Houston area. 1 personally do not believe that LaPorte will attract development that is not of the highest quality considering all the , 'VVeem~ . Cc:>. I.,c. ~."~.OT"""T 1'1I01'.IIT...e e advantages that the City offers in addition to the proposed golf course. I can promise you that we will not be selling our property at a price that will attract any sort of low income or development of poor quality. Finally, on the property west of State Highway 146 and west of 16th Street, I would request that this property remain in the P.U.D. beqause our clients, the owners of that property, wish to remain flexible, and I am currently, as their Realtor, attempting to sell the property for residential use and enclose herewith a copy of the master plan. Again, I think it is presumptuous and preposterous for the industry in Bay Port to suggest that a neighboring property owner should sacrifice his land in order to create a buffer zone, so that they might be protected from liable suits in the event that their safety procedures prove inadequate, and there is an accident. Thank you again for your thoughtful consideration of my concerns outlined herein, and again, let me commend you for your outstanding effort to plan intelligently and effectively for the growth and well-being of the City for many years to come. Sincerely qnd respectfully, 4</, .1 ) (.-'~ ". -,- . ;:-~'''''''-;''';;~''I kCI-?(7N(' ( . . .." F. Carrington Weems FCW/elg Enclosures e e GREGG, JONES, MIESZKUC Be POLLARD DICK H. GREGG. JR. DALTON L. JONES. MARILYN MIESZKUC BILLY H. POLLARD ATTORNEYS AT LAW January 23, 1987 17044 EL CAMINO REAL CLEAR LAKE CITY HOUSTON. TEXAS 77058 (713) 488-8680 POLLY p, LEWIS 'BOARD CERTIFIED. CIVIL. TRIAL. LAW TEXAS BOARD OF LEGAL. SPECIAL.IZATlON Mayor and City Council City of La Porte P.O. Box 1115 La Porte, Texas 77571 Dear Mayor and Council: The Weems family owns substantial acreage in the City. Carrington Weems has attended most of your planning and zoning sessions pertaining to the proposed zoning of property under the new ordinance. He has been particularly concerned about the property south of Little Cedar Bayou, west of Broadway street, and east of the proposed municipal golf course (acquired from his family), i.e. the contiguous blocks beginning with 1437, projecting in a southerly direction across 1254, 1261, crossing Wharton Weems Boulevard and ending at the north boundary of a proposed N.C. Zone near South 4th Street. For all these many months of study and hearings the area in question has remained R-3. The family was present but not vocal because the R-3 zoning was acceptable. The recommended action of the Planning and Zoning Commission was that the City needed R-3 zones to meet the needs of projected population growth. Last Tuesday night the Council scheduled a workshop session. Public input was discouraged. Just to be safe Mr. Weems sent a letter (see his January 15, 1987 letter attached). Yesterday he found out that the Council had changed his zoning to R-l on Tuesday. There must be some mistake.. These blocks will not be developable as single-family units. They abut a major thoroughfare. The proposed zoning destroys their use. Your consultants and your Planning and Zoning Commission have recommended a high density use (R-3) for this corridor abutting the golf course and Broadway (old Highway 146). In fact we notice that the consultants and Planning and Zoning Commission have recommended either a high density residential buffer or an N.C. or G.C. or B.l. zone between all major thoroughfares (Broadway, Fairmont Parkway, Spencer, etc.) and R-l zones in recognition of the fact that thorough- fares and single-family sites don't mix. e e Page 2. J a nu a ry 23, 1987 Mayor and City Council City of La Porte please note that this is a long narrow corridor. Any R-3 development will require special consideration by the developer of the "density bonus" plan of your ordinances. The only logical way the corridor can be developed economically is through a' "conditional use permit- in an Intra-District Residential P.U.D. This requires council approval. This requires a negotiation of green space and parkland dedication and fencing in exchange for slightly higher density. This permits you to negotiate and control what goes in next to the golf course if it is zoned R-3. However the R-l zone does not permit the Intra-District Residential P.U.D. Finally, your consultants and your Planning and Zoning Commission expressed a need for more R-3 to meet your popula- tion growth. Yet on last Tuesday you eliminated large blocks of high density zones along Galveston Bay. The need for R-3 must be met. In summary, this tract should be R-3 for the following reasons: (1) The undesireability of thoroughfare frontage pro- perty as R-I sites as evidenced by the proposed buffer zones between thoroughfar~s and single family residential subdivisions on the map as proposed by the Planning and Zoning Commission. ( 2) The need for R- 3 zones as recommended by your experts. (3) The increased need for R-3 zones caused by your elimination of waterfront R-3 last Tuesday night. (4) The degree of control the City will have over the corridor abutting the golf course through a con- ditional use permit in an Intra-District Residen- tial P.U.D. (5) The unavailability of the P.U.D. to an R-l zone. (6) The spectre of an allegation that the R-l zoning of this corridor defies (a) good planning, (b) your expert's recommendation, (c) Planning and Zoning's recommendation. R-l zoning, under these circum- stances, is a "taking" as defined in law. e e Page 3. January 23, 1987 Mayor and City Council City of La Porte Hopefully this action was in error and the R-3 zoning can be restored. We ask to be heard on Monday night when Council again considers the zoning map. Yours very truly, GREGG, DHG: jm Enclosure cc: Mr. Carrington Weems 1U7 PUD I- I IClVAUl R-2 .j .j I f Il. 1- R-I .,.. . .... - - - .. , ~ l GC .. .. I I 1"44 I - '1.' 114. II" I" 1._ --r: JI74 117) 1112 1171 11"10 I L....-- "71 .171 . j ~l 1201 1200 + 11M II" "'2 "" :.! I 1204 IZOI 1212 I ! R-2 ,. .L LA POR~ Cll' LINll \ 1/ f ,-i1.o~":';~~~~..____~~~.....~~~!Sl~~~...,.~__"" ~~~~ ==-~--"'I:~--_.-..!: -=",-_ ...... -REQUEST " Vu , -- - -- . Agenda Date Requested: 12/7/87 Requested By: K. Askins Department: Legal Report Resolution x Ordinance Exhibits: Letter from Knox Askins Copy of Industrial District Agreement with Union Carbide Industrial Services Company SUMMARY & RECOMMENDATION Union Carbide Industrial Services Company is located in the Battleground Industrial District. The Company wishes to enter into an Industrial District Agreement with the City. The attached ordinance authorizes the execution of the Industrial District Agreement with Union Carbide Industrial Services Compa~y. Action Required by Council: Adoption of Ordinance 1570 Availability of Funds: N/A General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Funds Available: YES NO ADDroved for City Council Agenda Q~ I,~ Robert T. Herrera City Manager \'l.-q-lOl DATE e . P""::: - KNOX W. ASKINS,.J. D., P. C. ATTORNEY AT LAW 702 W. F"AIRMONT PARKWAY P. O. BOX 1218 ..JOHN D. ARMSTRONG. ..J.D. ASSOCIATE LA PORTE, TEXAS 77571-1218 TELEPHONE 713 471'1886 November 24, 1987 Ms. Cherie Black City Secretary City of La Porte City Hall La Porte, Texas Dear Cherie: I enclose an ordinance approving execution of industrial district agreement with with Union Carbide Industrial Services Company. Please place on the December 7, 1987, agenda. Please sign and attest, and and, when the ordinance is ordinance in the ordinance agreement to me for delivery please have signed by the Mayor and City Manager, passed, attach one copy of the agreement to the book, and return the other signed copy of the to the company. Yours very truly, ~ Knox W. Askins City Attorney City of La Porte KWA:st Enclosures cc: Ms. Charlene Eldridge Revenue Controller City of La Pomte Mr. Robert T. Herrera City Manager City of La Porte e e ORDINANCE NO. 1i"1tJ AN ORDINANCE AUTHORIZING THE EXECUTION BY TIlE CITY OF LA PORTE OF INDUSTRIAL DISTRICT AGREEMENTS WITH INDUSTRY WITHIN THE BATTLEGROUND INDUSTRIAL DISTRICT, AND THE BAYPORT INDUSTRIAL DISTRICT, FOR THE SEVEN (7) YEAR PERIOD COMMENCING JANUARY 1, 1987. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. the City Council of the City of La Porte hereby finds, determines and declares that the following named corporation has executed an industrial district agreement with the City of La Porte, for the seven-year term commencing January 1, 1987, a copy of said proposed industrial district agreement being attached hereto, incorporated by reference herein, and made a part hereof for all purposes, to wit: UNION CARBIDE INDUSTRIAL SE~VICES COMPANY Section 2. The Mayor and the City Secretary of the City of La Porte, Texas, be, and they are hereby authorized, and empowered to execute and deliver on behalf of the City of La Porte, Texas, the industrial district agreement with the firm named in Section 1 hereof, copy of which is attached hereto. 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 be effective from and after its passage and approval. PASSED AND APROVED this the.7th day of December, 1987 CITY OF LAPORTE BY Norman Malone, Mayor ATTEST: City Secretary APPROVED: City Attorney " e e ., (Revised: 06/86) NOTICE: THIS CONTRACT IS SUBJECT TO ARBITRATION UNDER THE TEXAS GENERAL ARBITRATION ACT, ARTICLE 224, ET. SEQ., REVISED CIVIL STATUTES OF TEXAS THE STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ ~ CITY OF LA PORTE ~ INDUSTRIAL DISTRICT AGREEMENT This AGREEMENT made and entered into by and between the CITY OF' LA PORTE, TEXAS, a municipal corporation of Harris County, TeKas, hereinafter called "CITY", and Union Carbide Industrial Services Company , a Texas corporation, hereinafter called "COMPANY", WIT N E SSE T H: That WHEREAS, it is the established policy of the City Council of the-' City of La Porte, Texas, to adopt such reasonable measures from time to time as are permitted by law and which will tend to enhanc'e.. the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries ther~in:::, and such policy is hereby reaffirmed and adopted by this City Counoil; as being in the best interest of the City and its ci tizens.:~ ',and. WHEREAS, Company is the owner of a certain tract(s) of land more particularly described in the Deed Records of Harris County, Texas" in the following Volume and Page references, to-wit: ,.- . A tract of land approximately 4.000 acres situated in the Enoch Brinson Survey, Abstract ~o. 5, Harris County, Texas, being part of a 57.580 acre tract conveyed to Union Carbide Corporation, by Deed dated November 12, 1980, duly recorded under County Clerk:' s File L~O. G-7535l9 in the Official Public Records of Harris County, Texas, reference to which is here made for all purposes. e e Industrial District Agreement - 2 upon which tract ( s ) Company has either constructed an industri plant(s) or contemplates the construction of an industrial plant(s and WHEREAS, pursuant to its policy, City has enacted Ordinance Nt 729, designating portions of the area located in its extraterritorii jurisdiction as the "Battleground Industrial District of La Port' Texas," and Ordinance No. 842, designating portions of the area If cated in its extraterritorial jurisdiction as the "Bayport IndustrL District of La Porte, Texas," hereinafter collectively called "Di: trict," such Ordinances being in compliance with the Municipal Anne: ation Act of Texas, Article 970a, Vernons Annotated Revised Civ: Statutes of Texas: and WHEREAS, City desires to encourage the expansion and growth , industrial plants within said Districts and for such purpose desirE to enter into this Agreement with Company pursuant to Resolutic adopted by the City Council of said City and recorded in the offici, minutes of said City: NOW, THEREFORE, in consideration of the premises and the mutuc agreements of the parties contained herein and pursuant to tl authority granted under the Municipal Annexation Act and the OrdinanCE of City referred to above, City and Company hereby agree with ea, other as follows: I. Ci ty covenants, agrees and guarantees that during the term ( this Agreement, provided below, and subject to the terms and provisiOi of this Agreement, said District shall continue and retain i: extraterritorial status as an industrial district, at least to t1 extent that the same covers the land described above and belonging Company and its assigns, and unless and until the status of sa land, or a portion or portions thereof, as an industrial district m. be changed pursuant to the terms of this Agreement. Subject e e Industrial District Agreement - 3 the foregoing and to the later provisions of this Agreement, City does further covenant, agree and guarantee that such industrial district, to the extent that it covers said land lying within said District and not now within the corporate limits of City, or to be annexed under the provisions of Article II hereof, shall be immune from annexation by City during the term hereof (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that all of said land, including that which has been heretofore or which may be annexed pursuant to the later provisions of this Agreement, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescri- bing any building, electrical, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over . the conduct of business thereon; provided, however, it is agreed that City shall have the right to institute or intervene in any judicial proceeding authorized by the Texas Water Code or the Texas Clean Air Act to the same extent and to the same intent and effect as if all land covered by this Agreement were located within the corporate limits of City. II. A portion of the hereinabove described property equal to twenty- five (25%) of the total value of the land and improvements of such property, has heretofore been annexed by City. Company agrees to render and pay full City ad valorem taxes on such annexed land and improvements, and tangible personal property. Under the terms of the Texas Property Tax Code (S.B. 621, Acts of the 65th Texas Legislature, Regular Session, 1979, as amended), e e Industrial District Agreement - 4 the appraised value for tax purposes of the annexed portion of land, improvements, and tangible personal property shall be determined by the Harris County Appraisal District. The parties hereto recognize that said District has no authority to appraise the land, improvements, and tangible personal property in the unannexed area for the purpose of computing the II in lieu II payments hereunder. Therefore, the parties agree that the appraisal of the land, improvements, and tangible personal property in the unannexed area shall be conducted by City, at City's expense, by an independent appraiser of City's se'lection. The parties recognize that in making such appraisal for II in lieu II payment purposes, such appraiser must of necessity appraise the entire (annexed and unannexed) land, improvements, and tangible personal property. Company agrees to render and pay full City ad valorem taxes on such annexed land, improvements, and tangible personal pro- perty. Company also agrees to render to City and pay an amount lIin lieu of taxesll on company's land, improvements, and tangible personal property in the unannexed area equal to the sum of: (I) Fifty percent (50%) of the amount of ad valorem taxes which would be payable to City if all of the hereinabove described property which existed on January I, 1986, had been within the corporate limits of City and appraised each year by City's independent appraiser: and (2) Thirty percent (30%) of the amount of ad valorem taxes which would be payable to City on any increase in value of the hereinabove described property, in excess of the appraised value of same on January I, 1986, resulting from new construction and new acquisitions of tangible personal property, (exclusive of Construction in Progress, which shall be exempt from taxation), if all of said new construction and acquisitions had been within the corporate limits of City and appraised by City's independent e e ~ndustrial District Agreement - 5 appraiser: with the sum of (I) and (2) reduced by the amount of City's ad valorem taxes on the annexed portion thereof as determined by appraisal by the Harris County Appraisal District. Nothing herein contained shall ever be construed as in derogation of the authority of the Harris County Appraisal District to establish the appraised value of land, improvements, and tangible personal property in the annexed portion, for ad valorem tax purposes. III. This Agreement shall extend for a period beginning on the lst day of January, 19B7, and continue thereafter until December 3l, 1993, unless extended for an additional period or periods of time upon mutual consent of Company and City as provided by the Municipal Annexation Act: provided, however, that in the event this Agreement is not so extended for an additional period or periods of time On or before August 3l, 1993, the agreement of City not to annex property of Company within the District shall terminate. In that event, City shall have the right to commence immediate annexation proceedings as to all of Company I s property covered by this Agreement, notwithstanding any of the terms and provisions of this agrement, and in such event Company agrees that if the Texas Municipal Act, Article 970a (V.A.T.S.), as amended after January I, 1980, or any new legislation is thereafter enacted by the Legislature of the State of Texas which imposes greater restrictions on the right of City to annex land belonging to Company or imposes further obligations on City in connection therewith after the annexation of such land, Company will waive the right to require City to comply with any such additional restrictions or obligations and the rights of the parties shall be then determined in accordance wi th the provisions of said Texas Municipal Annexation Act as the same existed January I, 1980. e -t"dustrial D~str",..... t. ?g.L _>;;h,o;:..it - 6 e IV. This Agreement may be extended for an additional period or periods by agreement between City and Company and/or its assigns even though it is not extended by agreement between City and all of the owners of all land within the District of which it is a part. In this connection, City hereby expresses its belief that industrial district agreements of the kind made herein are conducive to the development of existing and future industry and are to the best interest of all citizens of City and encourage future City Councils to enter into future industrial district agreements and to extend for additional periods permitted by law this Industrial District Agreement upon request of Company or its assigns; provided, however, that nothing herein contained shall be deemed to obligate either party hereto to agree to an extension of this Agrement. V. Company agrees to pay all "in lieu of taxes" payments hereunder, to City on or before December 31 of each year during the term hereof. . The Company agrees to pay all ad valorem taxes hereunder in accordance with Section 31.02 of the Texas Property Code. It is agreed that presently the ratio of ad valorem tax assessment used by City is one hundred percent (IOO%) of the fair market value of property. Any change in 'such ratio used by City shall be reflected in any subse- quent computations hereunder. This Agreement shall be subject to all provisions of law relating to determination of value of land, improvements, and tangible personal property, for tax purposes (e.g., rendition, assessment, Harris County Appraisal District review and appeal procedures, court appeals, etc.) for purposes of fixing and determining the amount of ad valorem tax payments, and the amount of .. in lieu of tax" payments hereunder, except as o'.:herwise provided in Articles II and VI hereof. VI. (A) In the event Company elects to protest the valuation for tax purposes set on its said properties by City or by the Harris . '". e e Industrial District Agreement - 7 County Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and Company shall have the right to take all legal steps desired by it to reduce the same. Nothwithstanding such protest by Company, Company agrees to pay to City on or before the date therefor hereinabove provided, at least the total of (a) the total amount of ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu of taxes" on the unannexed portions of Comp~ny's hereinabove-described property which would be due by Company to City in accordance with the foregoing provisions of this Agrement on the basis of renditions which shall be filed by Company on or before March 31 of each year during the term of this Agreement, with both the City and the Harris County Appraisal District (as the case may be) for that year. When the City or Harris County Appraisal District (as the case may be) valuation on said property of Company has been so finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final conclusion of the controversy, then wi thin thirty (30) days thereafter Company shall make payment to City of any additional payment due hereunder based on such final valuation, together with applicable penal ties, interests, and costs. (B) Should Company disagree with any appraisal made by the independent apppraiser selected by City pursuant to Article II above (Which shall be given in writing to Company), Company shall, within twenty (20) days of receiving such copy, give written notice to the City of such disagreement. In the event Company does not give such written notice of disagreement within such time period, the appraisal made by said independent appraiser shall be final and controlling for purposes of the determination of II in lieu of taxes II payments to be made under this Agreement. Should Company give such notice of disagreement, Company shall e e Industrial District Agreement - 8 also submit to the City with such notice a written statement setting forth what Company believes to be the market value of Company's hereinabove described property. Both parties agree to thereupon enter into good faith negotiations in an attempt to reach an agreement as to the market value of Company's property for "in lieu" purposes hereunder. If, after the expiration of thirty (30) days from the date the notice of disagreement was received by City, the parties have not reached agreement as to such market value, the parties agree to submit the dispute to final arbitration as provided in subparagraph (I) of this Article VI(B). Notwithstanding any such disagreement by Company, Company agrees to pay to City on or before December 31 of each year during the term hereof, at least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu" payments which would be due hereunder on the basis of Company I s valuations rendered and/or submitted to City by Company hereunder, or the total assessment and "in lieu of taxes" thereon for the last preceding year, whichever is higher. (I) A Board of Arbitrators shall be created composed of one person named by Company, one by City, and a third to be named by those two. In case of no agreement on this arbitrator in 10 days, the parties will join in a written request that the Chief Judge of the U. S. District Court for the Southern District of Texas appoint the third arbitrator who, (as the "Impartial Arbitrator") shall preside over the arbitration proceeding. The sole issue to be determined in the arbitration shall be resolution of the difference between the parties as to the fair market value of Company I s property for calculation of the "in lieu" payment and total payment hereunder for the year in question. The Board shall hear and consider all relevant and material evidence on that issue including expert opinion, and shall render its written decision as promptly as practicable. That decision shall then be final and binding upon the parties, e . Industrial District AgreemeL_-. 9 render its written decision as promptly as practicable. That decision shall then be final and binding upon the parties, subject only to jUdicial review as may be available under the Texas General Arbitration Act (Articles 224-238, Vernon's Annot- ated Revised Civil Statutes of Texas). Costs of the arbitration shall be shared equally by the Company and the City, provided that each party shall bear its own attorneys fees. (C) Should the provisions of Article II of this Agreement become impossible of enforcement because of of any material. delay or failure to act on the part of the Harris County Appraisal District, then and in any of such events, the City shall have the right to appoint an independent appraiser, whose appraisal shall be treated for all purposes in this Agreement as if it had been made by the Harris County Appraisal District. . VII. City shall be entitled to a tax lien on Company's above-described property, all improvements thereon, and all tangible personal property thereon, in the event of default in payment of "in lieu of taxes" payments hereunder, which shall accrue penalty and interest in like manner as delinquent taxes, and which shall be collectible by City in the same manner as provided by law for delinquent taxes. VIII. Company has previously provided to City at Company's' expense, a survey plat and field note description of the land and improvements have been annexed in accorqance with the provisions of Article II above. Such annexation tract is contiguous to a point on the exist- ing corporate limits of La Porte. .. --.. e e Industrial District Agreement - 10 IX. This Agreement shall inure to the benefit of and be binding upon City and Company, and upon Company's successors and assigns, affiliates and sUbsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, either voluntarily or by' operation of law, all or any part of the property belonging to it within the territory hereinabove described, and the agreements herein contained shall be held to be covenants running with the land owned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force. x. If City enters into an Agreement with any other landowner with respect to an industrial district or enters into a renewal of any existing industrial district agreements after the effective date hereof and while this Agreement is in effect, which contains terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to amend this Agreement and City agrees to amend same to embrace the more favorable terms of such agreement or renewal agreement: provided, however, City reserves the right to enter into such agreements or renewal agreements with other landowners not covered by existing agreements, containing a percentage of ad valorem taxes more favorable to the landowner than that contained in Paragraph II, Subparagraph 3 (2) hereof, and Company and its assigns shall not have the right to amend this agreement to embrace the more favorable percentage of ad valorem taxes contained in. such agreement or renewal thereof, than that contained in Paragraph II, Subparagraph 3 (2) hereof. City may extend more favorable terms to landowners covered by existing contracts only to the extent such favorable terms apply to any increase in value of the hereinabove described property, in excess of the appraised value of same on January I, 1986, as described in Paragraph II, Sub- paragraph 3 (2) hereof. e e Industrial District Agreement - II XL In the event anyone or more words, phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the applicaton thereof to any person, firm, corporation or circum- stances shall be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph, section, article or other part of the Agreement shall be deemed to be independent of and separable from the ~emainder of this Agreement and the validity of the remaining partes of this Agreement shall not be affected thereby. XII. Upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect - to said land shall terminate. ENTERED INTO this lst day of June, 1986. .... './" -.// .. I 'ATTES'l' : ) mION CARBII1:'" L\IDHSTRIAL seRVICES cor.1PANY (COMPANY) 'i ) " . I' ~--------../ , . t I I \ (/ '~', I I II, ..1,) { \/\ I, /. , ~''----k~ ~O'h- ~ ,~'secr~tary "- " ,\ BY ~~. l~-<-- Name: Philip F. McGovern Name: ,John Ivlacdonald Title: Assistant Treasurer - Address: 39 Old Ridqebury Road APPROVED BY COUNSEL: ~~l~ EM~ Name: Jerry L. Robinson Danbury, Ct. 06817 - Address: 39 Old Ridgebury Road Danbury, Ct. 06817 Telephone: (203) 794-3699 e '\ Industrial District Agreement - 12 ATTEST: Cherie Black, City Secretary APPROVED BY COUNSEL: ~w KNOX W. ASKINS, City A torney 702 W. Fairmont Parkway P. O. Box 1218 La Porte, Texas 77S71 Telephone: (713) 471-1886 (Revised: 03/87) e CITY OF LA PORTE By: By: Norman Malone, Mayor Robert T. Herrera, City Manager CITY OF LA PORTE P. O. Box IllS La Porte, Texas 77S71 j, e e REOUEST.FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 12/7/87 Requested By: K. Askins Department: Legal Report Resolution x Ordinance Exhibits: Letter from Mike Stewart, Local Manager, Entex Ordinance 1571 SUMMARY & RECOMMENDATION Entex, Inc., and Arkla have agreed to merge, with Arkla being the surviving corporation. The attached ordinance authorizes and approves the merger of Entex, Inc., into Ark!a, Inc., and authorizes and apprqves the transfer and assignment by Entex, Inc. of its franchise to Arkla, Inc. Adoption of Ordinance 1571 is recommended. Action Required by Council: Adoption of Ordinance 1571 Availability of Funds: N/A General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Funds Available: YES NO Approved for City Council Agenda QWT, ~ Robert T. Herrera City Manager I Z -L.{ -~1 DATE