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HomeMy WebLinkAbout1989-03-27 Regular Meeting • MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL MARCH 27, 1989 1. The meeting was called to order by Mayor Pro Tem Alton Porter at 6:06 P.M. Members of Cites Council Present: Mayor Pro Tem Alton Porter, Mayor Norman Malone (arrived at 6:30 P.M.), Councilpersons Betty Waters (arrived at 6:30 P.M.), Mike Cooper, Ed Matuszak, Mike Shipp, Deotis Gay, B. Don Skelton, Jerry Clarke Members of City Council Absent: None Members of City Staff Present: City Manager Bob Herrera, City Attorney Knox Askins, City Secretary Cherie Black, Assistant City Manager John Joerns, Assistant to the City Manager Janie Bais, Police Chief Charles Smith, Director of Public Works Steve Gillett, Purchasing Manager Louis Rigby, Assistant Director of Public Works Buddy Jacobs, Finance Director Jeff Litchfield, EMS Supervisor Gary Williams, Assistant Fire Chief John Dunham, Golf Course Manager Alex Osmond, Dennis Hvalaty Others Present: Norma Witten, EMS; Betty Kokes; Randolph Woodard; representatives of City's auditing firm; John Black, Bayshore Sun; 8 citizens 2. The invocation was given by Councilperson Skelton. 3. Council considered approving minutes of the public hearing and regular meeting of Council held March 13, 1989. Motion was made by Council,~erson Skelton to ap trove the minutes of March 1~ as presented. Second by Councilperson Cooper. The motion carried, 4 ayes, 0 nays, 3 abstain. (The Mayor and Councilperson Waters had not yet arrived.) Ayes: Councilpersons Cooper, Shipp, Skelton and Mayor Pro Tem Porter Nays: None Abstain: Councilpersons Matuszak, Gay and Clarke ~ To avoid confusion, these minutes are numbered in the sequence in Which the items occurred. Minutes, Regular Meeting, La Porte City Council March 27, 1989, Page 2 4. Mrs. Betty Kokes addressed Council at this time, asking that Council try to find some way to lower water rates. Mr. Randy Woodard addressed Council, asking for the City's help in defraying cost of a concert by the Houston Symphony Orchestra which is scheduled for June. 5. Mayor Pro Tem Porter presented the Employee of the Quarter award for December, January and February, 1988-89, to Norma Witten, EMS. Supervisor Gary Williams presented Ms. Witten with a plaque. 6. Council adjourned into Executive Session to discuss the following items: A. Legal - Meet with attorney regarding sanitary landfill condemnation suit; B. Conference - Receive report from City Manager regarding Shoreacres Consolidation; C. Land Acquisition - Discuss purchase of land for access to sanitary sewer facilities. Council went into executive session at 6:25 P.M. and returned to the Council table at 7:03 P.M. At this time, Mayor Malone was present to conduct the remainder of the meeting. 7. Adele Gottlieb, g-1-1 Representative, presented Resolutions of appreciation to the Council, Mary Ann Svoboda and Alex Osmond for their efforts in planning and executing the recent 9-1-1 golf tournament. 8. Jeff Litchfield, Finance Director, presented Council with copies of the City~s 1988 Audit. 9. Council considered approving a resolution supporting implementation of the 1985 Water Plan and legislative authorization of necessary bond sales. The City Attorney read Resolution 89-3, pertaining to the above. Motion was made by Councilperson Waters to approve Resolution 89-~ as read by the City Attorney. Second by Councilperson Clarke. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 10. Council considered approving a resolution in support of House Bill 98. Minutes, Regular Meeting, La Porte City Council March 27, 1989, Page 3 The City Attorney read: RESOLUTION 89-4 - A RESOLUTION URGING THE TEXAS LEGISLATURE TO ADOPT LEGISLATION WHICH WILL PROHIBIT THE IMPOSITION OF A MUNICIPAL INCOME TAX, AND PROVIDING FOR AN EFFECTIVE DATE THEREOF. Motion was made by Councilperson Skelton to approve Resolution 89-~ as read by the City Attorney. Second by Councilperson Cooper. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 11. Council considered approving a resolution commending Robert Lanier. The City Attorney read the resolution. Motion was made by Council,~erson Gak to an 89-5 as read by the City Attorney. Second Matuszak. Councilperson Porter questioned "national" in the third paragraph. It was should actually be "natural" and the resol corrected accordingly. The vote was taken carried, 9 ayes and 0 nays. grove Resolution by Councilperson the use of the word decided the word ution will be and the motion Ayes: Councilpersons Waters, Cooper, Matuszak, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 12. Council considered awarding a bid for topping sand. Motion was made by Councilperson CooBer to award the bid for togping sand to Telge Road Materials Inc., in the amount of $1.72 ner ton. Second by Councilperson Shipp. The motion carried, 8 ayes and 1 nay. Ayes: Councilpersons Waters, Cooper, Matuszak, Porter, Shipp, Skelton, Clarke and Mayor Malone Nays: Councilperson Gay 13. Council considered awarding a bid for golf course equipment. • • Minutes, Regular Meeting, La Porte City Council March 27, 1989, Page 4 Motion was made by Councilperson Shipp to award the bid for the mower to Watson Distributing in the amount of $7090 and the off-road utility vehicle to E-Z Go Textron in the amount of $5800. Second by Councilperson Waters. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 14. Administrative Reports: The City Manager recommended that Council schedule a workshop meeting on April 17 to discuss the airport regulations draft, the proposed industrial waste ordinance and the proposed usage fees for Little Cedar Bayou wave pool. Council agreed to the workshop. The City Manager also asked if Council wished to place the request from Mr. Randy Woodard for funds to help defray the cost of the Houston Symphony concert on the agenda for April 24. Council directed the City Manager to do so. 15. Council Action: Councilpersons Cooper, Matuszak, Porter, Shipp, Gay, Skelton and Clarke brought items to Council's attention. Councilperson Cooper asked that public works check Mrs. Kokes' water meters, etc., to see if she might have a leak. Councilperson Matuszak asked to go on record that had he been in attendance at the March 13 meeting (he was out of the City), he would have voted in favor of both the sign ordinance and the electrical ordinance. Several Councilpersons recommended educating the public on water conservation and mail-outs with water bills explaining why the City's water rates are so high. Several members of Council emphasized the need to support local businesses whenever possible. 16. There being no further business to come before the Council, the meeting was duly adjourned at 7:54 P.M. • Minutes, Regular Meeting, La Porte City Council March 27, 1989, Page 5 Respectfully submitted: Cherie Black, City Secretary Passed & Approved this the 10th day of April, 1989 ~~ /~ ~~~~ Norman L. Malone, Mayor • • EMPLOYEE OF THE QUARTER DECEMBER, JANUARY, FEBRUARY, 1988-89 NORMA WITTEN - EMS Norma has been with EMS for the past two years, and has, since the beginning, been an exceptional employee. Norma is highly motivated and is never without something to do. When not occupied with keeping her unit, as well as the office, immaculate, she can be found improving her knowledge base or working on the service's public education program. Norma is responsible for writing the service's first teaching outline and has just completed a revision of that outline. In addition to being an excellent paramedic, Norma has made time to schedule, coordinate and teach many of our public courses. In addition to being a certified paramedic for the past five years, Norma is also an instructor for the nationally recognized "Safe Sitter" baby sitting course. She is also an American Heart Association CPR instructor, and is currently becoming an instructor trainer. Norma is also spearheading the EMS drive to provide CPR training to at least two thousand La Porte citizens during 1989- Her future plans include being appointed as an affiliate faculty to the American Heart Association and being an instructor in Advanced Cardiac Life Support. Without Norma's morale-boosting personality and quest for excellence, the EMS would have a much more difficult job to provide its level of service. It is with great pride that Norma Witten is named Employee of the Quarter for December, January and February, 19$8-89• _~~ • • CITY OF LA FORTE PHONE 1713) 471.5020 • P. O. Box 1115 • LA FORTE. TEXAS 77571 -,. ~ .• ,. March 17, 1989 Honorable James Neal Mayor, City of Shoreacres 619 Shoreacres Boulevard La Porte, Texas 77571 Dear Mayor Neal: Thank you for your phone call inviting members of City staff to attend the public hearings scheduled by the City of Shoreacres regarding consolidation with the City of La Porte. However, I do not believe that La Porters official presence would be of benefit to either City for the following reasons: 1. The citizens of Shoreacres have petitioned to cast their ballot on May 6, 1989, to decide if they wish to consolidate with La Porte. This action, as I understand it, was not prompted by the elected officials of Shoreacres. Since consolidation will be a decision of Shoreacres citizens, I feel my staff should not be involved in the Shoreacres public hearing process. I fear our presence may reflect, in the minds of some citizens, that we are there to do a selling fob on why consolidation would be good for both cities. 2. Any community concerns raised by Shoreacres residents need to be dealt with and addressed by the elected City of Shoreacres officials. Please understand this does not mean that the City of La Porte will divorce itself completely from the issue, because our two cities certainly need to share and supply information with each other. • • Honorable James Neal March 17, 1989 Page 2 Further, any discussions referencing consolidation are of interest to me; but, my presence at any Shoreacres public hearings would be a policy decision of the La Porte City Council. Therefore, I will discuss this policy matter with them at the Council meeting on March 27, 1989. I will contact you subsequent to March 27 with Council's decision. In the meantime, if you have any questions or need information, please feel free to contact me. Sincerely, Robert T. Herrera City Manager RTH:tls ASKINS S ARMSTRONG, P. C. ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P. O. BOX 1216 KNOX W. ASKINS LA PORTE, TEXAS 77572-1218 TELEPHONE 713 471-1686 JOHN D. ARMSTRONG TELECOPIER 713 471-2047 February 28, 1989 Plr. John T. Joerns sistant City Manager D ~~~ City of La Porte City Hall ~~~ 2 ~ i~v3 La Porte, Texas SST. CITY MaNAGER Mr. Steve Gillett ~~-'~^_'- Director of Public Works City of La Porte City Hall La Porte, Texas Re: Lot 5, Block 3, Section 2, Shady River Dear John and Steve: As requested in your memo of January 10, 1989, I have ordered and have now obtained a title commitment from Commonwealth, showing good legal title to the above property in James E. -Bone, Jr. and wife, Ada Beth Bone, of La Porte. There are no liens or other encumbrances on the property. The City's tax office advises me that the HCAD value on the property is $10,000.00. Please review, and advise me what further action you wish to take on this matter. I am acquainted with the owner, but have not contacted, awaiting your instructions. Also, please advise if the HCAD appraisal is satisfactory, or if you wish for me to obtain an outside appraisal on the property. Yours very truly, ~2~/'I~ Rnox W. Askins City Attorney City of La Porte RWA:sw cc: Robert T. Herrera City Manager City of La Porte • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: March 27, 1989 Requested By: Steve Gillett epartment: Report XX Resolution Exhibits: Resolution supporting Texas Water Development Board Funding Program. SUMMARY ~ RECOMMENDATION The 1985 voter-approved Water Plan included a program where the State sells bonds and invests the proceeds by purchasing capacity in water supply, water quality, and flood control projects. These capacities would be held until a need for them by local entities. The capacity would be sold on a low interest loan basis with the proceeds being re-invested in the program. This concept would allow the State to encourage regional facilities to maximize the efficiency of water supplies, wastewater treatment, and flood control projects. This program has not been authorized by the legislature. The Texas Water Alliance has requested local entities to pass resolutions supporting this program and calling upon the legislature to authorize bond sales for the funds necessary. Staff supports this program and recommends approval of a resolution supporting the full implementation of the 1985 Water Plan. Water supplies will become more precious and harder to obtain in the future, especially in the areas surrounding large cities. These large cities have traditionally purchased the water rights in very large areas. This precludes the smaller entities from the opportunity to guarantee the supplies of water needed for future expansion and growth. State ownership of plant and reservoir capacities will allow these entities an avenue to secure the water they need without being held hostage by the larger entity. Action Required by Council: Approve assage of resolution supporting the full implementation of the 185 voter-approved Water Plan and the legislative authorization of the necessary bond sales to finance the program. Availability of Funds: General Fund Capital Improvement Other Account Number: Water/Wastewater General Revenue Sharing Funds Available: YES NO Approved for City Council Agenda obe t Herrera DATE '- City Manager Public Works Ordinance •~ ~,s •, ~o~t ~~ -~ 2~~~~ D the Texas Water Alliance February 16, 1989 Dear Water District Official: ,~~oe~r DEB 2 ~ ~ -:~ D '":_ .~ In recent years, your district has utilized the state's Water Development Fund for assistance in constructing a water supply or water q„al?ty groject. The Fund has assisted Texas local governments with water projects since 1957. Its purposes have expanded rapidly in recent years, most notably with the passage of the 1985 water plan. That plan was an important milestone for all Texans who care about water management. However, as the enclosed information makes clear, an important part of the 1985 package has not been implemented. Your help is needed to finish the job. We urge you to study the information on the state participation program. An active program of state investment in water supply, water quality, and flood control projects -- in partnership with local governments -- can help cities and districts meet future needs in a cost-effective manner. A sample resolution supporting this program is enclosed. We urge you to adopt it and send a copy to the legislative leadership. With your assistance and support, a strong state water finance role can help other districts as it has helped yours. But the program needs the vocal endorsement of those who benefit from it. Please let us know if we can provide additional informa- tion. Sincerely, Steve Stagner Executive Director Enclosures RECEIVED z -z~-P9 CITY MGR'S OFFICE One Congress Plaza, 111 Congress, Suite 1820 Austin, Texas 78701 512-47%930 • ~~ r ~' The Texas Water Alliance STATE PARTICIPATION Implementing the 1985 Water Plan In 1985, as part of a comprehensive water package, Texas voters approved over $1 billion in bonds and bond guarantees to fund water supply, water quality, and flood control projects. Unfortunately, a key component of this plan has not yet been implemented by the Legislature. The 1985 plan earmarked $400 million in bonds for actual state participation in major regional projects. Through this program, the Water Development Board can buy capacity in reservoirs, treatment plants, transmission lines, and flood control projects, encourage optimum regional sizing of water facilities, then sell the capacity as demand develops. By helping overcome the hurdle of front-end financing, the state can help prevent the proliferation of small, inefficient projects in some areas where they may be inappropriate. As a part of the state budget process, the 71st Legisla- ture is considering whether to begin implementation of this program. The Legislature must authorize the Water Develop- ment Board to issue the bonds and budget funds to pay debt service until the state's interest in a project is sold. The use of state participation bonds represents an investment by the state in major water-related capital facilities, supplementing local resources when projects are larger than a single city or district. This state investment in water facilities was prevalent in the 1960's and 1970's, but has been nonexistent in recent years. This trend should be reversed. The 1985 water package was approved by seventy ercent of Texas voters. The Legislature should consider that vote, authorize the issuance of $50 million in state participation bonds in each fiscal year of the 1990-91 biennium, and provide funds to pay debt service on this investment. What Needs to Happen? ~. The sale and use of state participation bonds for water supply, water quality, and flood control projects must be authorized by the Legislature in the appropriations process or by other law. You can communicate your interest in the issue by writing directly to the legislative leaders listed below. Urge them to support, in the appropriations process, author- izing the Water Development Board to issue up to $50 million in state participation bonds is zach year of the coming biennium and begin full implementation of the 1985 water plan. Alternatively, have your or other organization adopt forward it to the leadership. city council, district board, the attached resolution and The Honorable William P. Hobby Lieutenant Governor of Texas P. O. Box 12068 Austin, TX 78711 The Honorable Kent Caperton Chairman, Senate Finance Committee P. O. Box 12068 Austin, TX 78711 The Honorable John T. Montford Chairman, Senate State Affairs Committee P. O. Box 12068 Austin, TX 78711 The Honorable Gib Lewis Speaker, Texas House of Representatives P. O. Box 2910 Austin, TX 78769 The Honorable Jim Rudd Chairman, House Appropriations Committee P. O. Box 2910 Austin, TX 78769 •c •. RESOLUTION WHEREAS, the provision of adequate supplies of high quality water for municipal, industrial, agricultural, and environmental needs are critical to the future of Texas; and WHEREAS, Texas voters in 1985 voted overwhelmingly in support of a statewide water package for the first time in over fifteen years; and WHEREAS, that plan authorized $400 million in Water Development Bonds for the purpose of state participation in water supply, water quality, and flood control projects; and WHEREAS, the state participation program has not been implemented in the ensuing three years because of the lack of legislative authorization; and WHEREAS, the state role of contributing to and encourag- ing the optimal sizing of regional water related capital facilities, when needed facilities are larger than a single political subdivision, is an important role that contributes to the health, welfare, and economic development of the state; and WHEREAS, state participation in major regional water infrastructure is not only an investment in future needs but an investment that is directly repaid to the state; and THEREFORE, BE IT RESOLVED that the Texas Legislature is urged to fulfill the implementation of the 1985 water plan by authorizing, in the appropriations bill, the issuance and use by the Water Development Board of $50 million in state participation bonds in each fiscal year of the 1990-91 biennium. Approved: ~ ~ EZ~SOL.U`I'IOEJ No. 39-3 1^1I1Gkf:AS, the provision of adequate supplies of k~i.-;h duality water foi• niunicipal., industrial., agricultural, and env i.ronment:al ri<:~~~I: ,~i~~~ c:r•it:ic,] to tYiE., futr.-re of Texas; and [JIIC~:hC~AS, Texas vot;c:r., i n 1 ~B5 vot;ed overwhelmingly in support of ~~ st:atewide water pacl.age for the fi.r•si; time in over fifteen !~-[IC:hEAS, that plan aut-,horized ..^-100 rni]lion i.n Mater G~~velopiilent F3onds for the purpose of state par•tici.pation in wai:.er :ui~l~ly, dater quality, and flood control projects; and WIl(!:RGAS, the state par•i;i.cipation program has not been iurl~l.en~ent;ed i.n the ensuing three yeas°s because of the lack of leY;islative authorization; and WFIE•:11C:AS, the state role of contributing to and encouraging t,h(~ opt,irna]. sizing of r•eE;ional water related capital. facilities, when n(~c~d~~d f~~cili.ti.es sire .l.~,rgei• than r single pu]~itical :;uhdivi:,ion, is an irnportant role that contributes to i:hc health, welfare, and economic development of i;he ..fate; and !•JIIF;ItI~:AS, ,t,~~te participation in major regional water i nfr :r c: 1:r~~.,~~t.ure i.s nc,t, only an i.nvestn~ent; in future needs but an inv(~:~trirc,nt: drat is direct:.ly repaid to t;l~ie state. NO!•J, 1'(iGREFORE, RE IT PI!:SOL.UI'D L!Y TEi~ CITY COUfJCIL OE~' T11G C]:TY OC' L.A PORTI~ TI,;~t: t.hc Tex~~s~ Lei;islat;ur•e is urged to fu].fi11 the irnplo-u~nt~,ti.on of the 19~~ water plan by authorizing;, in the ~:rpprop-•i.ati.ons bill, the i::suance and use by the !^Jater Devcloprnent I~oard of• :~'r=~0 mi1].:ion in state par•i,ic:ipat;i.on bonds in each fiscal year of the 19~~~0-~1 biennir.rtn. PA;S.,I~:D AND AI'PROVC.D th:i.s t:he 27t.h day of March, 19II9• C:1:`lY OF LA PORTL Norman L. Malone, Mayor X1,1.,1 1•':;`g' . -f:ity--~ ~~c-r-•etarY APP hOUI:D: City Attorney REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: March 27 ,, 1989 Requested By: R. T. Herrera Department: Administration Report XX Resolution Ordinance Exhibits: Memo from City Secretary Correspondence from Mayor Emmett Hutto, Baytown HJR 17 HB g8 News Release from Bob Richardson, Dist. 4g Correspondence from Jeff Archer, Texas Legislative Council City of La Porte Resolution 8g-~4 SUMMARY & RECOMMENDATION House Bill g8 addresses a proposed amendment to the Texas Constitution which would prohibit municipalities from imposing a municipal income tax. There is no provision in the Constitution prohibiting imposition of such a tax, and if a city's charter provides that it has the power "to levy, assess and collect taxes for any municipal purposes...on persons, privileges, subjects, and occupations", this could be construed as having power to impose a municipal income tax on its citizens. If House Bill g8 is approved, an amendment to the Constitution prohibiting municipalities from imposing income taxes would be put on the ballot for the November 7j 198g, election. However, it would not prohibit taxing of a franchise or° occupation tax, or a license fee on the gross receipts of a business or occupation. It is recommended that Resolution 89-4 be approved and the City Secretary instructed to send certified copies to our legislators and the Governor of Texas. Action Required by Council: Approval of Resolution 8g-4. Availability of Funds: N/A General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other (Motor Pool Replacement Fund) Account Number: Funds Available: _ YES _ NO roved for Cit u c'1 Robert T. Herrera DATE City Manager ., . • • ~~k ~. MEMORANDUM P o-,~~o~b ~~ /s~'' March 10, 1989 T0: Bob Herrera, City Manager FROM: Cherie Black, City Secretary SUBJECT: House Bill 98 CfTY MGR'S OFFICE ~a 1~~ 3~`~ After review of the information you sent me concerning House Bill 98, I feel very strongly that the City Council should consider a resolution endorsing this bill. Citizens are now taxed by the county, the school district, the college district, the hospital district (if applicable), city property tax, sales tax, service tax, etc. A city income tax added to these would be a greater burden than most people would be able to afford. If a city were able to impose a personal income tax at their discretion, it could cause a hardship to many citizens, who would then, probably, show their displeasure at the polling place. Our legislators have opposed a state income tax, and I feel that with support from cities, the bill to amend the Texas Constitution to prohibit municipalities from imposing income taxes will be passed, and on November 7, 1989, voters will approve the amendment. Cherie Black ~••/i• L~ BAYTOWN~ POST OFFICE BOX 424 TELEPHONE 422-8281 AREA CODE 713 BAYTOWN, TEXAS 77522 Mayor Norman Malone City of La Porte P. 0. Box 1115 La Porte, Tx. 77571 Dear Norman: ~ January 27, 1989 F'~r~ ~' c Enclosed is a copy of the Resolution No. 1038 adopted by our City Council on January 26, regarding House Bill 98. This is the resolution I promised to mail you in my January 16 letter. Since ly, 0. Hutto M yor enclosure 4. 1 ~15 ~ ~~ ~ k .~, s ~ -3-~9 CITY ~iu;c'S OFFICE ., . .. ,,.. • • RESOLUTION N0. 1038 A RESOLUTION URGING THE TEXAS LEGISLATURE TO ADOPT LEGISLATION WHICH WILL PROHIBIT THE IMPOSITION OF A MUNICIPAL INCOME TAX, AND PROVIDING FOR AN EFFECTIVE DATE THEREOF. **************************************************************** WHEREAS, there is presently pending House Bill 98 which would deny to Municipalities the right to impose an income tax; and WHEREAS, the City of Baytown supports such Legislation; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby urges the Texas Legislature to pass House Bill 98 denying the Municipalities of the State the right to impose a Municipal income tax. Section 2: The administration is hereby directed and authorized to have copies of this resolution delivered to the elected state representatives for the City of Baytown and such other individuals or groups that the administration may deem appropriate or necessary to be made aware of the City of Baytown's position regarding House Bill 98 denying the Municipalities of the state the right to impose a Municipal income tax. Section 3: This resolution shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 26th day of January, 1989. EMMETT 0. HUTTO, Mayor ATTEST: EILEEN P. H L, City Clerk RANDALL B. STRONG, Cit torney C:1:24:6 ,. `; .. 'l .~~ ~~•~~j, ~Jtfil ,~. ~;,(~(~f ~y 1 BAYTOWN~ POST OFFICE BOX 424 TELEPHONE 422-8281 AREA CODE 713 BAYTOWN, TEXAS 77522 c '-~w- ~ P15~ x ~~~ January ib, 198 Mayor Norman Mal one ~~ S, ~ ~ ~ City of La Porte M;~ ~'`s~~- 2~-~~ ~. O. E{ox i i i~ ~ -~ La Porte, Tx. 7771 ~~ Dear Norman: Enclosed is information concerning House ~iil 98. I thin!€ it will be of interest to you. The F~aytown City Council will consider a resolution. endorsing this bill at its January ibth meeting. I will send you a copy of that resolution. enclosure Since el y, t O. Hutto M yor 4. 1.1~ • • • J.R. No. BY A JOINT RESOLUTION 1 proposing a constitutional amendment to prohibit a municipality 2 from imposing an income tax. 3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: 4 SECTION 1. Article 11 of the Texas Constitution is amended 5 by adding Section 14 to read as follows: 6 Sec 14 (a) A municipality, including a home-rule city, 7 ma not im ose a tax on the net incomes of individuals or 8 corporations. 9 (b) This section does not prohibit a municipality from 10 imposing: 11 12 (1) a franchise tax, occupation tax, or license fee for which the gross receipts of a business or occupation are used 13 to determine the amount of tax; or 14 (2) a tax on sales receipts. 15 SECTION 2. This proposed constitutional amendment shall be 16 submitted to the voters at an election to be held November 7, 1989. 17 The ballot shall be printed to provide for voting for or against 18 the proposition: "The constitutional amendment to prohibit 19 municipalities from imposing income taxes." 718219 JSA-D 1 '. / • ., By ~ .B. No. `O A BILL TO BE ENTITLED 1 AN ACT 2 relating to prohibiting municipalities from imposing an income tax. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 4 SECTION 1. Subchapter B, Chapter 302, Tax Code, is amended 5 by adding Section 302.103 to read as follows: 6 Sec. 302.103. INCOME TAXES PROHIBITED. (a) A municipality 7 may not impose a tax or. the income of individuals or corporations. 8 (b) This section does not prohibit a municipality from 9 imposing a franchise or occupation tax or a license fee on the 10 gross receipts of a business or occupation. 11 SECTION 2. The importance of this legislation and the 12 crowded condition of the calendars in both houses create an 13 emergency and an imperative public necessity that the 14 constitutional rule requiring bills to be read on three several 15 days in each house be suspended, and this rule is hereby suspended, 16 and that this Act take effect and be in force from and after its 17 passage, and it is so enacted. 71R332 JSA-D 1 P.O. BOX 29 ~ O r AUSTIN. TEXAS 78769 S 12.463.0668 ADMINISTRATIVE ASSISTANT: SUE MAGEE LEGISLATIVE AIDE: RICK JACOBSEN L J .ti; '.~ . ~ %1 _.:~ `Texas `House ~I~epresetttatives BOB RICHARDSON STATE REPRESENTATIVE DISTRICT 49 ~ . TRAVIS COUNTY NEWS RELEASE . FOR IMMEDIATE RELEASE FROM: Representative Bob Richardson SUBJECT: City Income Taxes DATE: March 29, 1988 COMMITTEES: SCIENCE !c TECHNOLOGY RETIREMENT ANO AGING: MEMBER O~ DUDGET a OVERS~C.MT According to a Texas Legislative Council opinion the charter of the City of Austin "probably does authorize the city to impose an income tax". The opinion was issued in response to an inquiry from State Representative Bob Richardson, who is drafting legislation to prohibit city income taxes in Texas. In a statement released today, Representative Bob Richardson, R-Austin, said that "Apparently, neither the Texas Constitution nor state statutes prohibit the governing body of a home-rule city from imposing an income tax on its residents IF such authority is granted to it by city charter." "Apparently, the Austin City Charter is worded in such a manner that the Austin City Council can, if it wishes, impose a personal or corporate income tax on its residents by ordinance without the need for voter approval," Richardson added. The Austin Republican concluded by saying that "My feeling is that if a City Council in Texas feels it can impose a personal income tax, it 'might'." I want to insure that."might" does not change to "will". Currently, Representative Richardson is drafting legislation to prohibit municipal income tastes by state statute, as well as through an amendment to the state constitution. -30- . • • STAZ~]T OF STATE REPRESENTATIVE BOB RICfiARDSON concerning municipal, personal and corporate income taxes in Texas March 29, 1988 C,ood Afternoon. First, I want to thank you for taking the time to be here today. I really appreciate it. I recently requested an opinion from the Texas Legislative Council addressing two sepa- rate questions: 1. Can a home-rule city impose a corporate or personal income tax? 2. Can the Austin city council, on its awn action, adopt a personal or corporate income tax under the current city charter? The response to the first question was yes. Apparently, neither the Texas Constitution, nor state statutes, prohibit the governing body of a home-rule city from imposing an income tax on the residents if such authority is granted to it by city charter. As for the second question, apparently the Austin City Charter is worded in such a manner that the Austin City Council can, if it wishes, impose a personal or corporate income tax on its residents by ordinance and do so without the need for ~~oter approval. The Council opinion states that "...it should be noted that Article I, Section 3, and Article XII, Section 13, of the charter contain general language of intent and construction to the effect that the charter should be construed as a general grant to the city (that is, to the city council) of each and every power that the people of Austin ~. • C. could lawfully grant under Article XI, Section 5, of the Texas Constitution. While Texas courts have held that such boiler-plate language in a city charter is ineffective to grant powers not otherwise expressly granted by the charter, those provisions when read together with the broad grant of paver to tax in Article VIII, Section 2, appear to strengthen the argument that the current Austin city charter authorizes the city council by ordinance to admit a personal income tax." (Eknphasis added). While I have not studied the city charters of other cities in Texas, I feel that since the possibility exists that the City of Austin could, someday, impose an income tax on its residents, legislative action is in order to prevent that from occurring. Therefore, I am drafting legislation to prohibit municipal income taxes in the State of Texas. My feeling is that if a city council in Texas thinks it can impose a personal or corpo- rate income tax, it 'might.' I want to insure that 'might' does not change to 'will.' . • .ie ~~ Y TEXAS LEGISLATIVE COUNCIL ` ~i r i ,.~ P.O. Box 12128, Capitol Station 78711.2128 T exas Austin, Telephone: 512/463• l 151 WILLIAM P. HOBBY ROBERT I. KELLY Lieutenant Governor Executive Dimtor Chairman February 16, 1988 The Honorable Bob Richardson State Representative Room G13-A1, Capitol Building Austin, Texas 78701 Dear Mr. Richardson: This letter is in response information relating to the author the city of Austin, to impose particular, you ask whether the action, may adopt a personal income charter. aE bF '~~ .w ~~~~s ~1 ~' GIBBON D. "G18" LEWIS Speaker of the Houx Vice•Chairman to your recent request for ity of d home-rule city, such as a personal income tax. In Austin city council, on its own tax under the current city In general, in order for a city to impose a particular tax, the tax must be authorized by the state constitution, a statute, or the city charter. Article XI, Section 5, of the Texas Constitution (the "home-rule amendment" as it is often called), states that home-rule cities "may levy, assess and collect such taxes as may be authorized by law or by their charters ." Since no state law currently authorizes cities to impose income taxes, a Texas home-rule city may do so only if its charter grants it that power. It is not entirely clear what degree of specificity is required for a charter to authorize a particular tax. There do not appear to be any Texas cases addressing the point. Certainly a charter could expressly allow the imposition of an income tax. State law could limit or prohibit the imposition of an income tax by a city, but no -such constitutional or statutory provision now exists. Article VIII, Section 2, of the Charter of the City.of Austin reads, in part: "The City shall have the power to levy, assess, and collect taxes for any municipal purpose on persons, privileges, subjects, and occupations." Since the power to impose a personal income tax must be granted by the charter for the city council to exercise that power, the key question is whether that language from Article VIII, Section 2, covers a personal income tax. Eor several reasons, this language probably does authorize the city to impose an income tax. An income tax is arguably a tax on persons for purposes of the charter. Classifying a tax in a n n n n category such as a tax on persons or on property is not subject to scientific exactitude, and legal authorities are inconsistent on An Equal Opponurtily/AlIumaJive Actioo Employer ^ / , , ' • • f. _` The Honorable Bob Richardson February 16, 1988 . Page 2 the classification of income taxes. See: Cooley on Taxation Sec. 1743; cases cited at McQuillin, 16 Municipal Corporations (3rd Ed. Rev.), Sec. 44.193, footnote 4. There is no clear guidance on whether the specific objects of taxation listed in the city charter were intended to include an income tax. However, the list appears to be without limitations, granting full power to the city to tax anything not prohibited by other state law. If an income tax is not a tax on persons or property, it certainly can be considered a subject of taxation. In Reed v. Bjornson, 253 N.W. 102 (Minn. 1934), the Minnesota Supreme Court stated that "obviously incomes constitute a subject of taxation" for purposes of a state constitutional requirement of uniform taxation (emphasis added). On the ,other hand, there are arguments to be~made that the charter does not allow the city to impose an income tax. Since as a general rule an ambiguous grant of power to a municipality is construed strictly against the grant, particularly in the area of taxation, one may argue that the Austin charter is unclear on the subject of income taxes and so ought to be construed to exclude the power to impose an income tax. See 64 C.J.S. Municipal Corporations Sec. 1978 (Taxation; In General). Given that legal authorities are inconsistent about whether an income tax is included in a general category such as "taxes on persons," it may be argued that the drafters of the charter, if they wished to include income taxes, would have specifically mentioned them. In this context, it should be noted that Article I, Section 3, and Article XII, Section 13, of the charter contain general language of intent and construction to the effect that the charter should be construed as a_general grant to the city (that is, to the city council) of each an3 every power that the people of Austin could lawfully grant under Article XI, Section 5, of the Texas Constitution.- While Texas courts have held that such boilerplate language in a city charter is ineffective to grant powers not otherwise expressly granted by the charter, those provisions when read together with the broad grant of power to tax in Article VIII, Section 2, appear to strengthen the argument that the current Austin city charter authorizes the city council by ordinance to adopt a personal income tax. See Southwestern Telegraph and Telephone v. City of Dallas, 134 S.W. 321 (Tex. 1911). Texas case law generally limits the rule of construing a grant of power strictly against the city to cases involving implied powers. ., ~, .- ., ,. _` %~ :~ The Honorable Bob Richardson February 16, 1988 . Page 3 Where a grant of power is clear, the power is read liberally. Willman v. City of Corsicana, 213 S.W.2d 155 (Tex. Civ. App.--Waco 1948), aff d 216 S.W.2d 175 (Tex. 1949).• In summary, .Texas law allows a home-rule city to impose any tax authorized by state law or by the city charter and not prohibited by state law. The charter of the city of Austin appears to authorize the city council to impose a personal income tax in the city, although it is not absolutely certain that it does. I hope this information is useful to you in this matter. If I may be of additional assistance, please let me know. Sincerely, i ~ "Jeff Archer Legislative Counsel JSA:tw 71M59 ~ ~ RESOLU'T'ION N0. 39-U A RESOLUTIOIJ U 1~C.~ING THG TEXAS LEGISLATU Rt: TO AllOPl' L. E;G:LSLA'1'IOPd h]11ICE1 WILL PhOfl.l:I~1T TI-lE Ih1POSITION OT A MUNICIPAL INCOM[? 1'AX, AND Pf;OVIDiNG FO Ii AN [.E'FEC'1'IVE DA1'G TEIEItE:UF'. W11LIiEAS, there is prc~senf;ly pending; [louse 1'il7 ~~ , 4Jh.i.ch IJGI"llcl deny to Municipalities the ri~~ht to iuiposc ~,n income i;,1x; ~,r,d '~t'f1I?R~A ~, t.lre City of La Porte supports such leE7islatic~~. IJOW, Tf1EIiEFORE, I7E I1' REOOLVED I3Y 'I'fIC C:[TY COIJP]CTL. 0[~' Tfir CITY Ol; LA POR1'E; 1'F.XAS :~c:.~:c~g.n__1. That tt"ie City Council. of the City of La Porte. Te::as>, hereby urges the Texas Lc,;i:~l~:;tore i;o pass [-louse Bi]-7. 9f; d~.~,y"ing 1;t<<~ htur;iu:ipalities of the State the ri!ht tc impose a ~4ur;i.ci.pa.l income tax.. Section ?_. The admi.nistraf;ion is hereby dir•ectcd and author~i.zed to have c:ol:;ies of this resolution delivered to the elected Staf;e Representatives far the City o£ La Porte and such o[;l"ier• iudivi.duals or group: that tho Administration may deem appropriate ur riec~ssary to be made aware of f;l~~e C:i.ty of La Po rte's pos:it.ion re,7arding [;Dose Di. 7.1 9i3 cic~ny9n~; the Municipali.ti.es of the Sta'r,e the riafit to impose a P•lunicipal income -. x ~a . Section__~. Thais resolution sha]-1 fake effect immediatc7.y from and after it;s passage by the Cif;y Council of the City e° La Porte. PASSED AP]D APPROVED this the ?7th day o,`. hJaruh, 19x9. C7:'IY OF' LA POIi1'E Norman L. t•lalone, 1°trjyor City Sect•eta!~y APPROVED: Knox W. Askins, G:ity Ati;or•ney • R~Qjj,~ST FOR C~~C COUNCIL AGENDA ITEM Agenda Date Requested: March 27. 1989 Requested B y: M,a3zr~r _l~ormar, Alalone _ D e p a r t m e n t: City Council Report XX Resolution Ordinance Exhibits: Resolution 89-5 SUMMARY ~ RECOMMENDATION An integral component of the economic growth and development of any comtnanity is access to and throu~~ a comm~znity by ways of modern, safe, and tn~congested highways and roads. Resolution 89-5 recog~.izes and commends Mr. Robert Lanier's (Commissioner of the Texas Highway Department) dedication and commitment to the improvement of highways and roads in the State of Texas. City Cotmcil approval of Resolution 895 is recommended. Action Required by Council: Approval of Resolution 89-5 is requested. Availability of Funds: ___~__ General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: Funds Available: _ YES _, NO A r vec~for i~ _ Cou~lci __ Agenda r ~` az`~~ obert T. Herrera DATE City Manager • ~ RESOLl1TI0N PJO. 39-5 1dIlEP,EAS, an i.ntegc°al component of the economic growth and dev~lopriient of any community is access to and through the community by way of modern, safe and uncongested highways and -•oads; and WHEREAS, the Fred Har•trnan bridge on State Highway 1u6 will give our community greater access to the east and west vi_a Interstate [I:ighway 10; and WHEREAS, the Fred [-lartman bridge will also give our community a greater evacuation route in the event of national disaster; and WHGItEAS, Robert Lanier, as a Commissioner of the Texas Highway Department, Campaign Co-chairman of the Good Roads Amendment campaign, and current Chairman of the Board of the [iouston Metropolitan Transit Authority, has been instrumental in seeing that not only our community but all of Southeast Texas has been adequately served with modern, safe and uncongested highways and roads. PLOW, THEREFORE, BF' IT RESOLVED BY T[-IE CITY COUNCIL OF THE CITY OF LA PORTF.., TEXAS Section That the dedication and commitment t;o the [righways and roads of tl~ie State of Texas by Robert Lanier be recognized by the City of La Porte. Sect_ign_?. 1'h:iss resolution shall be effective from and after its date of passage. PASSED AlJD APPROVED this 27th day of March, 199. CIT`t OF LA F'0}iTE Norman L Malone, Mayor • A'r ~r ~: s'r City Secretary RE UEST R CI C N L AG N A E Agenda Date Requested: March 27 1989 Requested By: X Exhibits: Alex Osmond (Jt~ ~ Department: Administration Golf ro Report Resolution Ordinance Bid Tabulation ~IJMMARY & RECOMMENDATION On March 20, 1989, sealed bids for topping sand at La Porte's Bay Forest Golf Course were opened. Bids were received from Houston Industrial, Walker Sand, Bunker Systems Inc..,, and Telge Road T~aterials Inc. The staff recommends awarding the bid to Telge Road Materials Inc., third lowest bidder, at $13.72 per ton. Using estimated yearly quantities', the total amount of contract would. be $5,488.00. As shown on the bid tabulation attached, bJalker Sand and Bunker Systems Inc. bids vrere lower; however, the samples received from these two are not acceptable by texture or compatible with the existing seed-bed material and inconsistent previous topping material applied. .. Action Required by Council: Approval to award bid to Te1ge Road Materials Inc. Availability of Funds: General Fund Capital Improvement Other Account Number: 028-800-811-215 Water/Wastewater General Revenue Sharing Funds Available: X YES _ NO A~oroved fQr Citv Council Agenda Robert T. Herrera DATE City Manager - ~ • • CITY OF LA PORTE INTER-OFFICE MEMORANDUM MARCH 21, 1989 T0: Alex Osmond, Golf Course Manager FROM: Louis Rigby, Purchasing Manager SUBJECT: Sealed Bid X60311 - Topping San Advertised, sealed bids X60311 for topping sand were opened and read on March 20, 1989. Bid requests were mailed to the following four suppliers with all four returning bids: 1) Walker Sand, 2) Bunker Systems, 3) Telge Road Materials, and ~) Houston Industrial Material. Bidders were asked to submit samples of test results with their bids and I will forward these items to you for your review. 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 before council, please notify me. LR/gr Attachment: Bid Tabulation xc: John Joerns, w/ attachment • i SEALED BID 40311 TOPPING SAND 1. TOPPING SAND (PER TON * PRICE PER YARD • SAND BUNKER TELGE ROAD HOUSTON ~ SYSTEMS MATERIALS INDUSTRIAL MATERIAL 9.25* ~ 10..26 ~ 13.72 ~ 14.39 '" - REGUEST ~R CITY COUNCIL AGENDA ITE~ Agenda Date Requested: Requested By: X Exhibits: ~~1arch 27, 1989 Alex Ormond ~'~'°" Department: Administration ~"o ro Report Resolution Ordinance Bid Tabulation SUMMARY ~ RECOMMENDATION On March 20, 1989, sealed bids were opened for a 72" out front rotary mower and an off road utility vehicle to be used at La Porte's Bay Forest Golf Course. Four bids were received in all: three for the mower, and three for the utility vehicle. These bids are shown on the attached bid tabulation furnished by the Purchasing Division. The staff recommends using the lowest bidder for each item. This would award the mower to Watson Distributing Company at $7,090.00 and the utility vehicle to E-Z Go Textron at $5,800.00 without the option of a cab. Action Required by Council: Approval to award bid to lowest bidder for each item Availability of Funds: General Fund ~_ Capital Improvement Other Account Number: 005-800-800-402 Water/Wastewater General Revenue Sharing Funds Available: X YES _ NO Annroved for City Council Agenda Robert T. Herrera DATE City Manager CITY OF LA PORTE INTER-OFFICE MEMORANDUM MARCH 21, 1989 T0: Alex Osmond, Golf Course Manager FROM: Louis Rigby, Purchasing Manager SUBJECT: Sealed Bid ~~0310 - Golf Course Equipment Advertised, sealed bids 4k0310 for golf course equipment were opened and read on March 20, 1989. Bid requests were mailed to five area dealers with the following four returning bids: 1) E-Z Go Textron, 2) Watson Distributing, 3) Goldthwaite~s, and 4) Brookside Equipment. Low bids submitted for each item are as follows: Item 1) Riding 72" out Front Rotary Mower - Watson Distributing - $ 7,090.00 Item 2) Off Road Utility Vehicle - E-Z Go Textron 5,800.00 Total $12,890.00 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 before council, please notify me. LR/gr Attachment: Bid Tabulation xc: John Joerns, w/ attachment SEALED BID ~~0310 GOLF COURSE EQUIPMENT E-Z GO TEXTRON • WATSON OLDTHWAITE BROOKSIDE DISTRIBUTIN EQUIPMENT 1. RIDING 72" OUT FRONT ROTARY MOWER NB 7 090.00 8,730.00 8,995.00 MAKE AND MODEL -- JACOBSEN TORO JOHN DEERE TURFCAT T436D GROUNDMAST 327 R F932 2. OFF ROAD UTILITY VEHICLE 5,800.00 6,904.00 7,045.00 NB MAKE AND MODEL GXT 1500 CUSHMAN 530 SMITHCO -- RUNAWAY 60-037 OPTIONS: FIBERGLASS CAB 1,050.00 855.00 1,533.00 NB CLOTH DOOR SETS * 310.00 NB NB * INCLUDED W/ FIBERGLASS CAB