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HomeMy WebLinkAbout1990-01-08 Public Hearing and Regular Meeting C: MINUTES OF THE PUBLIC HEARING AND REGULAR MEETING LA PORTE CITY COUNCIL JANUARY 8, 1990 1. 2. 3. The meeting was called to order by Mayor Malone at 6:00 P.M. Members of Citv Council Present: Mayor Norman Malone, Councilpersons Betty Waters, Mike Cooper, Ed Matuszak (arrived after 6:30), Bob McLaughlin, Alton Porter (arrived 6:22), 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, Finance Director Jeff Litchfield, Purchasing Manager/Human Resources Manager Louis Rigby, Police Chief Charles Smith, Director of Public Works Steve Gillett, Finance Officer Linda Waugh Others Present: Sukki Choi, Kathy Hutton, Maria Ramos, Shirley Kirkwood, Lorie Tagert, Finance Department; Chris and Charles Frazier; 11 citizens The invocation was given by Mayor Malone. Council considered approving the minutes of the Public Hearing, Citizens Participation Meeting and Regular Meeting of Council held December 11, 1989. Motion was made by Councilgerson Skelton to approve the December 11 minutes as presented. Second by Councilperson Clarke. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, McLaughlin, Gay, Skelton, Clarke and Mayor Malone Nays: None 4. The City Manager at this time presented the Finance Department with their 8th consecutive Certificate of Achievement for Excellence in Financial Reporting, awarded by the Government Finance Officers Association of the United States and Canada. Jeff Litchfield, Finance Director, accepted the award on behalf of the Finance Department, and introduced his staff - Linda Waugh, Lorie Tagert, Sukki Choi, Maria Ramos, Kathy Hutton, and Shirley Kirkwood. 5. The Mayor called to order the public hearing regarding the proposal for designation of the International Cargo Network Reinvestment Zone. The City Attorney reviewed the proposal. Minutes, Public Hearing La Porte City Council January 8, 1990, Page 2 and Regular Meeting The Mayor asked for public input. There being none, the public hearing was declared closed. 6. Ms. Rene Nowalk addressed Council regarding school zone signs and availability of information from the Municipal Court. 7. Council considered an ordinance authorizing designation of the International Cargo Network reinvestment zone. The City Attorney read: ORDINANCE 1672 - AN ORDINANCE AUTHORIZING THE DESIGNATION OF THE INTERNATIONAL CARGO NETWORK REINVESTMENT ZONE; MAKING FINDINGS OF FACT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Gay to adopt Ordinance 1672 as read by the City Attorney. Second by Councilperson Cooper. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, McLaughlin, Gay, Skelton, Clarke and Mayor Malone Nays: None 8. Council considered an ordinance amending Chapter 16, Oil and Gas Wells, of the Code of Ordinances of the City of La Porte. The City Attorney read: ORDINANCE 1659-A - AN ORDINANCE AMENDING CHAPTER 16, OIL AND GAS WELLS, OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; CONTAINING A SEVERABILITY CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR, AND SHALL, UPON CONVICTION, BE FINED IN ANY SUM NOT TO EXCEED $200.00; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Waters to adopt Ordinance 1659-A as read by the City Attorney. Second by Councilperson Clarke. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, McLaughlin, Gay, Skelton, Clarke and Mayor Malone Nays: None 9. Council considered an ordinance appointing a representative to the Southeast Texas Housing Finance Corporation. Motion was made by Councilperson Skelton to appoint Pat Muston as the representative to the Southeast Texas Housing Finance Corporation. Second by Councilperson Clarke. • Minutes, Public Hearing and Regular Meeting La Porte City Council January 8, 1990, Page 3 The City Attorney read: ORDINANCE NO. 1673 - AN ORDINANCE APPOINTING A MEMBER TO THE SOUTHEAST TEXAS HOUSING FINANCE CORPORATION BOARD OF DIRECTORS; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. The vote was taken, and the motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, McLaughlin, Gay, Skelton, Clarke and Mayor Malone Nays: None 10. Council considered approving the language to be used regarding proposed charter amendment for the May 5, 1990, election. The City Attorney reviewed the language to be used and the reason for the proposed charter amendment. Motion was made by Councilperson Skelton to approve the language for the proposed charter amendment as it was presented. Second by Councilperson Cooper. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, McLaughlin, Gay, Skelton, Clarke and Mayor Malone Nays: None 11. Council considered recommendations for persons to serve on the Harris County Appraisal District Board of Directors. There was no action taken on this item, as Council had no recommendations. 12. Council considered rejecting a bid for a tire cutter and authorize the City Manager to negotiate with Tire Service Equipment Manufacturing Company as sole source vendor. Motion was made by Councilperson_Clarke to reiect the bid for a tire cutter and approve authorizing the City Manager to neaotiate with Tire Service EaupmentManufacturina Comoanv. Second by Councilperson Cooper. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 13. Administrative Reports: Bob Herrera announced a workshop meeting to be held on January 15, with topics covering drug testing policy, telecommunications tax, smoking ordinance and valuation engineer contract (not necessarily in that order). Minutes, Public Hearing and Regular Meeting La Porte City Council January 8, 1990, Page 4 14. Council Action: Councilpersons Waters, Cooper, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone brought items to Council's attention. Chris and Charles Frazier were in the audience during the Council meeting. Chris is a Boy Scout and is working on one of his merit badges. The Mayor had welcomed Chris and his father earlier in the meeting. City pins were presented to Chris and his father, and Councilperson Gay presented Chris with his copy of the agenda. 15. Council adjourned into executive session at 6:37 P.M. to discuss the following items: Legal - Meet with special counsel regarding Southern Ionics, Inc./Houston Chemical Services, Inc.; Personnel - Continue annual review of the City Manager. A scheduled discussion under personnel to discuss appointments to Boards and/or Commissions was not addressed, as action had been taken during the meeting. Council returned to the Council table at 8:44 P.M. The Mayor announced that he had been given direction to inform the Finance Department of a salary increase for the City Manager. 16. There being no further business to come before the Council, the meeting was duly adjourned at 8:45 P.M. Respectfully submitted: (~~i Cherie Black, City Secretary Passed & Approved this the 22nd day f January, 1990 `~~;%G~~ Gi~ N rman L. Malone, Mayor CONSIDER APPROVING MINUTES OF PUBLIC HEARING AND REGULAR MEETING OF COUNCIL HELD JANUARY 8, 1990 Motion by Second by VOTE: Waters Cooper Matuszak McLaughlin Porter Gay Skelton Clarke Malone FOR AGAINST ABSTAIN Motion carried Defeated Tabled r Sanua,~y R, 1940 MINUTES OF THE PUBLIC HEARING, CITIZENS PARTICIPAZ'IOPJ MEETING AND REGULAR MEETING OF LA PORTS CITY COUNCIL DECEMBER 11, 1989 1. The meeting was called to order by Mayor Malone at 6:00 P.M. Members of City Council Present: Mayor Norman Malone, Councilpersons Betty Waters, Mike Cooper, Ed Matuszalc (arrived at 6:23 P.M.), Bob McLaughlin, Alton Porter, Deot:is Gay, Cs. Don Skelton, Jerry Clarke Members of City Council Absent: None Members of City Staff Present: City Manager Bob Flerrera, Cii-y Attorney Knox Askins, City Secretary Cherie IIlack, Assista-~t. City Manager John Joerns, Assistant to the City Manager Janie Bais, Director of Public Works Steve Gillett, Director of Community Development Joel Albrecht, Director of 1?arks and Recreation Stan Sherwood, Finance Director Jeff T,:i.tchfiel~l, Human Resources Manager/Purchasing Manager Louis Rigby, Fire Chief Joe Sease Others Present: Charles Dippel; Brent Ryan; Mr'. Cayton, LPISD; 24 citizens 2. The invocation was given by Councilperson Clarke. 3. Council considered approving the minutes of tl-e regul~--:~ meeting of Council held November 13, 1989. Motion was made by Councilperson Skelton to _~jr~z~_rove tl~e November 13 minutes as presented. Second by Coirncilper.sc~r- Cooper. The motion carried, 8 ayes and 0 nays (Cauncilper.su-- Matuszak had not yet arrived). Ayes: Councilpersons Waters, Cooper, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 4. Council considered approving the minutes of the special called meeting and workshop meeting held November 20, 1989. Motion was__made by Councilperson Clarke to approve flit November 20 minutes as presented. Second by Councilperson McLaughlin. The motion carried, 8 ayes and 0 nay~~ (Councilperson Matuszak had not yet arrived). Ayes: Councilpersons Waters, Cooper, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None r. Minutes, Public Hearing, Citizens Participation Meeting and Regular Meeting, La Porte City Council December 11, 1989, Page 2 5. The Mayor proclaimed January 1990 as Volunteer illood Donc,r~ Month and read a proclamation supporting the local- i ~_>n of a T'Uv Processing Center in La Porte. 6. Reverend Joe Lewis addressed Counc:il regarding the old Po::t Office building site. His church wishes to purchase thc~ building to use as a shelter for the homeless anil they have an earnest money contract on the property. His concern was that the City was still interested in purchasing 1:he property for use as a senior citizens center. Reverend Lewis w~~: assured that the City has no interest in purchasing the building at this time and would not have any in t}ie future. 7. The Mayor called the Public Hearing to order. `T'his hear.in~.} was to hear the request of the La Porte Independent School. District for Special Exceptions to allow expans:i.on of three schools (Rizzuto Elementary, Bayshore Elementary and Lom~~x Elementary) located in R-1 Low Density Residential. zones. Director of Community Development Joel Albrecht r.ev.iewed the request for Council, and outlined the special condition: recommended by the Planning and Toning Commission. The Mayor asked for public input. There was none, and l_he Mayor declared the public hearing closed. 8. The Mayor called the Citizens Participation meet:i.nc~ to order.. This meeting was held to receive public inpr.rt regard:ii~g Community Development Block Grarit proposals. Director of Community Development Joel Albrecht reviewed lasL- year's proposals. He then gave ttre recommended proposals oP the Planning and Zoning Commission, which were ( ) a seni.c~r citizens center; and (2) sidewalk and curb repair. rind putti_r~~ wheelchair ramps on Main Street. Council comments and recommendations were: Councilper.son Skelton recommended that a senior citizens center }:~e our first priority. Alton Porter commented that we got mired in lookin<~ for a building; we need to look at land to purchase, tlcc~n worry about a building. Councilperson Cooper i.nduired if w.' have a list of structures we have been looking at. 'Phe answE~r~ to that question was that we have one in mind but don't knew if the owner is interested in selling. Council}person G~,y suggested a public address system and a piano f.or i~he Jennie Riley Community Center. Betty Waters suggested ~~I~Iitiona]. • • Minutes, Public Hearing, Citizens Participation Meeting, and Regular Meeting, La Porte City Council December 11, 1989, Page 3 funds for expansion of the S.P.O.R.T. building to 5,000 feet. Councilperson McLaughlin suggested a van fully ecl«ipped for the handicapped, for use by senior citizens to get back and forth to the senior citizens center. Mayor Malone asked for public input for proposals. 'T'here was none. Council then prioritized the proposals rece:i.ved from Council, as follows: (1) purchase raw land f_or senior. citizen center; (2) funds to expand the S.P.O.R.T. center; ('1) a handicap-equipped vehicle for use at the present senic.+r. citizens center and the S.P.O.R.T. center; and (A) renovation of street curbs and wheelchair ramps on Main Street. Council made a policy decision to put the puhl.ic addt•e~t:r: system and piano for the Jennie Riley Community Center ~+~ budget items for FY1990-91. 9. Council considered approving Special Conditional lJse Perm.itis for Rizzuto Elementary, Bayshore Elementary and Lomax Elementary. Motion was made by Counciluerson Skelton to ~ll,>Prove tl~c~ Special Conditional Use Permits. Second by Conncilper.so+~ McLaughlin. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, Mc.~Laughl a ii, Porter, Gay, Skelton, Cl~irke and Mayor Malone Nays: None At this time, Council adjourned into executive session at 7 : ut3 P.M. to discuss the following items: (1) Meet with special. counsel regarding Southern Ionics, Inc./Houston Chemical. Services, Inc.; (2) Meet with attorney regarding) Elizabett+ Lane right-of-way acquisition; and (3) Continue annual revic~~r of City Manager. Council returned to the table al. '7:50 P.M., having discussed the first two items. 10. Council considered an ordinance revoking tax exemption creat.c~cl by Constitutional amendment to Article VIII, Section 1-j. The City Attorney read: ORDINANCE 1670 - AN ORDINANC"r, PURSUANT TO ARTICLE VIII, TEXAS CONSTITUTION, SECTION 1-'j, ELECTING TO TAX GOODS, WARES, MERCHANDISE, OTHER TANGII3Ll? PERSONAL PROPERTY, AND ORES, OTHER THAN OIL, NATURAL GAS, Allt~ OTHER PETROLEUM PRODUCTS, OTHERWISE EXEMPT, EFFEC'!':IVE FOR `I'!:X YEAR 1990, AND SUBSEQUENT TAX YEARS ; FINDING COMT'I~IANCE W7't'I I THE OPEN MEETINGS LAW ; AND PROVIDING AN EFFECTIVE DA'L'E HEREOF' . • • Minutes, Public Hearing, Citizens Participation Meeting, and Regular Meeting, La Porte City Council December 11, 1989, Page 4 Motion was made by Councilperson Matuszak to adopt Ordinanc-~c~ 1670 as read by the City Attorney- Second by Councilpersc~il McLaughlin. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor M,~lone Nays: None 11. Council considered an ordinance amending Chapter 2G, Artic-l~~ II, "Water, Sewers and Sewage Disposal," of i:he Code ol• Ordinances of the City of La Porte; Establishing a new rate and fee structure. 12. Finance Director Jeff Litchfield reviewed this or•ct.inance. The City Attorney read: ORDINANCE 1671 - AN ORDINANi'1? AMENDING CHAPTER 26, ARTICLE II, "WATER, SEWERS AND SEWA(:1~: DISPOSAL," OF THE CODE OF ORDINANCES OF THE CITY OF LA POR`l.'1?; ESTABLISHING A NEW RATE AND FEE STRUCTURE; COtd'PAINING A SEVERABILITY CLAUSE; FINDING COMPL" IANCE WITH THE O1'1:N MEETII~i:;:"~ LAW; AND PROVIDING AN EFFECTIVE DA`PE HEREOF. • Motion was made by Councilperson Waters to adopt- Ordinan~~"E, 1671 as read by the City Attorney. Second by Councilperson Matuszak. The motion carried, 5 ayes and ~ nays. " Ayes: Councilpersons Waters, and Mayor Malone Nays: Councilpersons Porter, Cooper, Matuszak., h9cLaughli.n Gay, Skelton and Clarke Council considered a resolution authorizing acquisition of right-of-way on Elizabeth Lane to Lomax Elementary school. resolution authorizing acquisition of righi.-cif-way can Elizabeth Lane to Lomax Elementary school. ;E~cond 1>y Councilperson Cooper. The motion carried, 8 ayes, 0 nays, 1 abstain. Motion was made by Councilperson McLaughlin to -adopt t.l~r Ayes: Councilpersons Cooper, Gay, Skelton, Clarke Nays: None Abstain: Councilperson Waters Matuszak, McLaughlin, Porter, and Mayor Malone 13. Council considered approving renewal. of contract with Hugli 7,. Landrum & Associates, Inc., for appraisal of industrial plants. • Minutes, Public Hearing, Citizens Participation Meeting, and Regular Meeting, La Porte City Council December 11, 1989, Page 5 Motion was made by Councilperson Gay to approve renewal of the contract with Huc,Lh L. Landrum & Associates, .Inc. Second by Councilperson Clarke. Motion was made by Councilperson Porter to table_this item until a workshop with Mr. Landrum in attendance could be held. Second by Councilperson Cooper. The motion carried, 8 aye: and 0 nays (Councilperson Matuszak was away from tl~e table). Ayes: Councilpersons Waters, Cooper, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 14. Council considered granting a pern-it to Harbeson Geophysical. for geophysical seismograph testing. The City Attorney reviewed this item. He recommended waiving of the $1,000 per mile provision and the "no dynamite:" provision. Motion was made by Councilperson Waters to approve _r he permit. for Harbeson Geophysical and waive the $1,000 per.ynil.e and no dynamite provisions. Second by Councilperson Clarke. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor M~~lone Nays: None 15. Council considered granting a permit to Digicon Corporation for geophysical seismograph testing. Motion was made by Councilperson Waters to approvg__lhe permit for Digicon Corporation. Second by Councilperson C].~r..ke. `1'l~c, motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 16. Council considered authorizing a contract for design aml construction phase services for 1990 water system improvements. Motion was made by Councilperson Cooper to authorize contract with Espey Huston & Associates for 1990 w:_ti,Ler system improvements. Second by Councilperson Waters. 't~l~e motion carried, 7 ayes, 0 nays, 2 abstain. • • Minutes, Public Hearing, Citizens Participation Meeting, and Regular Meeting, La Porte City Council December 11, 1989, Page 6 Ayes: Councilpersons Waters, Cooper, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None Abstain: Councilpersons Matuszak and McLaughlin 17. Council considered authorizing volunteer drug testing for Council members and staff members. Motion was made by Councilpersori Waters to table th i s item for a workshop meeting. Second by Councilpersori Matuszak. The motion was defeated, 3 ayes and 6 nays. Ayes: Councilpersons Waters, Cooper and Matuszak Nays: Councilpersons McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Motion was made by Councilpersori Skelton to authorize volunteer drug testing for Council members and staf°F members_ Second by Councilpersori McLaughlin. Councilpersori Porter moved to amend the motion to include anX employee who wishes to volunteer. The motion to amend died for lack of a second. The vote was taken and the original motion carried, 9 ayes and 0 nays . -- Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 18. Council considered approving inclusion of a Charter amendment for the election to be held May 5, 1990. Motion was made by Councilpersori McLaughlin to .include a Charter amendment in the election to be held Mav 5, 1990_` reaardina an increase in the limit of expenditures without benefit of a sealed bid. Second by Councilpersori Clarke. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor t~1a].one Nays: None 19. Council considered rejecting bid for defibrillator mc~~nitor and authorizing rebidding the item. Minutes, Public Hearing, Citizens Participation Meeting, and Regular Meeting, La Porte City Council December 11, 1989, Page 7 Motion was made b~ Councilperson Clarke to reiect the k~i~l received for a defibrillator monitor and authorize__rebiddi_r~~c~. Second by Councilperson Cooper. `I'lie motion carried, 9 ayc:, and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor. Malone Nays: None 20. Council considered approving the purchase of radios from lt- GAC. Motion was made b~ Councilperson Gay to approve purchase of radios through H-GAC. Second by Councilperson Clarke. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Mr lone Nays: None 21. Council considered awarding a bid for trash trucks. Motion was made b~ Councilperson Skelton to award a bid_to White GMC for the purchase of one standard trash trunk and one trash truck with attached. picker unit. Second by Councilperson Cooper. The motion carried, 9 ayes and 0 nay~~. Ayes: Councilpersons Waters, Cooper, Matuszak, Mcl.augh.l ti, Porter, Gay, Skelton, Clarke and Mayor M~ilone Nays: None 22. Council considered a consent agenda, as follows: (A) Consider awarding contract for laboratory testing; (Il) Consi.der awarding bid for cardiopulmonary resuscitation equipment; and (C) Consider awarding a bid for folding tables. Motion was made by Councilperson Waters to approve the conser+t agenda as presented. Second by Councilperson Cooper. TI+e motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, McLaughlin+, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 23. Administrative Reports: It was reported that tl~v util:i.ty billing is now on schedule. t ~ • Minutes, Public Hearing, Citizens Participation Meeting, and Regular Meeting, La Porte City Council December 11, 1989, Page 8 24. Council Action: Councilpersons Cooper, Matuszak, Mr.Laughlan, Porter, Gay, Skelton, Clarke and Mayor Malone brought items to Council's attention. 25. The executive session had been held previously. Ttern C on the executive session was not addressed and will be ~:,~ t on the next Council agenda. 26. There being no further business L-o be brought l,efor.e ll-e Council, the meeting was duly adjourned at 10:7.0 P.M. Respectfully submitted: Cherie Black, City Secrefir-r.y Passed & Approved this the 8th day of January, 1990 Norman L. Malone, Mayor The Government Finance Officers Association of the United States and Canada (GFOA) has awarded a Certificate of Achievement for Excellence in Financial Reporting to the City of La Porte for its Comprehensive Annual Financial Report for the fiscal year ended September 30, 1989. In order to be awarded a Certificate of Achievement, a government unit must publish an easily readable and efficiently organized Comprehensive Annual Financial Report, whose contents conform to program standards. Such reports must satisfy both generally accepted accounting principles and applicable legal requirements. This makes the eighth consecutive year that the City has received this prestigious award. • • PQBLIC NOTICE Notice is hereby given that a public hearing will be held before the City Council of the City of La Porte, 604 West Fairmont Parkway, La Porte, Texas, beginning at 6:00 P.M. on Monday, January 8, 1990, at which public hearing interested persons shall be entitled to speak and present evidence for or against the designation of the International Cargo Network Reinvestment Zone, pursuant to Chapter 312, Texas Tax Code, as amended. The legal description of the property to comprise the proposed reinvestment zone is as follows, to-wit: All of Blocks 416, 417, 418, 419, 433, 434, 435, 432, 980; Lots 1 thru 16, Block 438; Lots 1 thru 16, Block 415; Lots 1 thru 16, Block 420, all in Town of La Porte, a subdivision in Harris County, Texas according to the map or plat thereof recorded in Volume 1, Page 2, of the unrecorded Map Records of Harris County, Texas, and recorded in Volume 83, Page 345 of the Deed Records of Harris County, Texas, CHERIE BLACK City Secretary City of La Porte (This notice must be published more than seven (7) days before the date of the hearing. Publish one time in the Bayshore Sun.) • ORDINANCE N0. 1672 C~ AN ORDINANCE AUTHORIZING THE DESIGNATION OF THF. INTEI2NA'PIONAL CAFtt:O NETWORK REINVESTMENT ZONE; MAKING FINDINGS OF FACT; FTNDTNG COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVI: DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF L.A PORTI:: Section 1. The City Council of t-he City of La Porte has heretofore, on the 13th day of November, 1989, adopted Resolution No. 89-19, a Resolution establishing guidelines and cri.tecia governing tax abatement agreements by the City of La Porte. A public hearing was held before the City Council of the City of: F,a Porte on January 8, 1990, pursuant to notice as r.equir.ed by Section 312.201, Texas Tax Code, which notice was published not later. than the 7th day before the date of the hearing in the Bayshore Sun, a newspaper having general circulation in the City of La Porte, a trc~~~ and correct copy of said published notice being attached hereto r~:> Exhibit "A" and incorporated by r.ef_erence herein; and pursuant t<~ notice delivered in writing not later l-han the 7th day before thc~ hearing, to the presi_di.ng of Eicer of t-he La Por. to Independent cc~hc~~~l District, and the County Judge of Harris County, Texas, presidinc.l officer of the County Commissioners Court, on behalf of Harris County, the Harris County Flood Control District, the Por. l- of Houston Authority of Harris County, and the Harris County Department: of Education, being all of the taxing irni.ts included i.i- t-he boundaries of the real property that is t-o be included i.n t-he proposed reinvestment zone. A copy of the notices to tFre La Port_~: Independent School District and Flarris County Commissioners Coi.rrt, are attached hereto as Exhibit "B" and Exhibit "C", respectively, incorporated by reference herein, and made a part hereof f.or al] purposes. Section 2. The City Council of the City of La Porte, havi.r<<~ considered the evidence presented at such public hearing, and t:he documents filed by International Cargo Network, is of the opinion and finds that the proposed reinvestment zone is within the corporate limits of the City of La Porte, and meets all of the criteria to be designated as a reinvestment zone, as provided in tlir_ ORDINANCE N0. 1672 Page ?. Texas Property Redevelopment and Tex Abatement Act, V.A.T.S. Tax Code, Chapter 312, and that all conditions prerequisite I:o the designation of such reinvestment zone have been accompli~~l~ied. Section 3. Specifically, and without .limiting the ge~lerality of the foregoing, the City Council of the City of La Porte finds, determines and declares that the subject property would l,e reasonably likely as a result of- the designation as a reinvestment: zone, to contribute to the retention or expansion of primary employment or to attract major investments in the zone that would 1~,~ a benefit to the property and that would contribute to the economic development of the City of La Porte. The City Council of the City of La Porte further finds, determines and declares that tl~e improvements sought are Feasible and practical and would k,e a benefit to the land to be included in L-he zone and to l-he City of f,:t Porte after the expiration of an agreement entered into under. Section 312.204, Texas Tax Code. Section 4. Accordingly, there is hereby established and designated a reinvestment zone in the City of La Porte I.o be known as the International Cargo Network Reinvestment Zone, lec]ally described as Follows, to-wit: A11 of Blocks 416, 4.17, 418, 419, 433, 434, 435, 43?., 980; Lots 1 thru 16, Block 438; Lots ]. thru 16, Block 41 a; Gots 1 thru ].6, Block 420, all in Town of La Porte, a sul;cii.vision in Harris County, Texas according to the map or plat. thereof: recorded in Volume ]., Page 2, of the unrecorded Map Records cif Harris County, Texas, and recorded i.n Volume 83, Pa~]e 345 of the Deed Records of ilarris County, `T'exas, and as more particularly shown on the plat attached hereto as "Exhibit "B" Proposed Reinvestment 'Lone," reference to which is h~'r,' made Eor all purposes. Section 5. The City Council of the City of La Porte, in exercise of its discretion as authorized by Section 312..002, Tax Code, as amended by Senate Bill No. 1312, 71st Legislal-~.~re, and as otherwise authorized by Chapter 31?., Texas Tax Code, e].ec:ts not t:o enter into a specific tax abatement agreement with T.ntc~rr~ational • Cargo Network, for abatement of City of- La Porte ad valorem taxes. This reinvestment zone is so designated for the benefit of the T.a ORDINANCE N0. 1672 Page 3 Porte Independent School District, Elarris County, the Ilarris Country Flood Control District, the Port of Housl-on Authority of Ilarris County, and the Harris County Department of Education, so that such taxing units, in their discretion, may enter into tax at7;iternent contracts with International Cargo Network. Section 6. The City Council officially finds, determines, recites and declares that a sufficient written notice of L-he 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 an:3 formally acted upon. The City Council further ratifies, approve:~ and confirms such written notice and the contents and posting thereof. Section 7. This Ordinance shall be effective from and after its passage and approval. PASSED AND APPROVED, this 8th day of January, 1990. A'I"tEST: Cherie Black City Secretary APPROVED: C/V• . Knox W. Askins City Attorney • CITY OF LA PORTS BY __ ---- - _- --- - - Norman L. Malone, -Mayor • • PUBLIC NOTICE Notice is hereby given that a public hearing will be held before tt~e City Council of the City of La Porte, 604 West Fairmont Parkway, i,.~ Porte, Texas, beginning at 6:00 P.M. on Monday, January 8, 1990, at: which public hearing interested persons shall be entitled to speak and present evidence for or against the designation of_ the International Cargo Network Reinvestment ?.one, pursuant l-_o Chapter 312, Texas Tax Code, as amended. The legal description of the property to comprise the proposed reinvestment zone is as follows, to-wit: All of Blocks 416, 417, 418, 419, 433, 434, 435, 432, 980; Lots 1 thru 16, Block 438; Lots 1. thr.u 16, Block 415; Lots 1 thru 16, Block 420, all in Town of t,a Porte, a sutxjivision in Harris County, Texas according to the map or plat. ther.eol: recorded in Volume 1, Page 2, of- the unrecorded Map Records of Harris County, Texas, and recorded i.n Volume 83, Page 345 ot: the Deed Records of Harris County, Texas, CtlL'RIE BLACK City Secretary City of La Porte (This notice must be published more than seven (7) days before thc' date of the hearing. Publish one time in the Bayshore Sun.) EXHIBIT "A" ASKINS 8 ARMSTRONG, P. C. ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P. O. BOX 1219 LA PORTE, TEXAS 7 7 5 7 2-1216 KNOX W ASKINS JOHN O. ARMSTRONG December 20, 1989 CERTIFIED MAIL RETURN RECEIPT REQOESTED P 086 964 122 Mr. Charlie Perry, President Board of Trustees La Porte Independent School District 301 East Fairmont Parkway La Porte, TX 775?1 Dear Mr. Perry: TELEPHONE 713 Q~1 ifit+r, TELC.CUPIER 713 ~ 71 : C~a 7 Pursuant to Chapter 13, Texas Tax Code, enclosed is copy of notice of public hearing on the designation of the Internatio,~al Cargo Network Reinvestment Zone. Yours very truly, _ 1 Knox W. Askins City Attorney City of La Porte K;nIA : s w Enclosure EXHIBIT "B" PIIBLIC NOTICE Notice is hereby given that a public hearing will be he1<3 before t_he City Council of the City of La Porte, 604 West Fairmont Parkway, L,;~ Porte, Texas, beginning ak 6:00 P.td. on I~ionday, January 8, 1990, ;3t which public hearing interested persons shall be entitled to speak and present evidence for or against the designation of the International Cargo Network Reinvestment ?.one, pursuant to Chapter 312, Texas Tax Code, as amended. The legal description of the property to comprise the proposed reinvestment zone is as follows, to-wit: A11 of Blocks 416, 417, 418, 419, 433, 439, 435, 432, 980; Lots 1 thru 16, Block 438; Lots 1 thru 16, Block 415; LoL-s 1 thru 16, Block 420, all in Town of La Porte, a subdivision in Harris County, Texas according to the map or plat thereof. recorded in Volume 1, Page 2, of the unrecorded Map Records of Harris County, Texas, and recorded in Volume 83, Page 345 of the Deed Records of Harris County, Texas, CHERIE BLACK City Secretary City of La Porte (This notice must be published more than seven (7) days before this date of the hearing. Publish one time in the Bayshore Sun.) ASKINS S ARMSTRONG, P. C. ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P. O. BOX 1218 LA PORTE, TEXAS 77572•I219 KNOX W. ASKINS ~OrIN D. ARMSTRONG December 20, 1909 CERTIFIED MAIL RETORN RECEIPT REQUESTED P 086 964 123 Hon. Jon Lindsay, County Judge Harris County Administration Building 1001 Preston, Suite 911 i-louston, TX 77002-189' Dear Judge Lindsay: TELFF't10NE 713 n%I IHH6 l'EL.CCUPIER ?13 a71 204'1 ?ursuant to Chapter 13, Texas Tax Code, enclosed is copy of notice of public hearing on the designation of the International Cargo Network Reinvestment Zone. Yours very truly, ~~~ ~~"~ ~~~ e~ r Knox W. Askins City Attorney City of La Porte KVJA: sw Enclosure EXHIBIT "C" • PUBLIC NOTICt? Notice is hereby given that a public hearing will be held before lt,e City Council of the City of La Porte, 604 West I'airmont Parkway, [.a Porte, Texas, beginning at 6:00 P.M. on t•tonday, January 8, 1990, at which public hearing interested persons shall be entitled to speak and present evidence for or against the designation of the International Cargo Network Reinvestment ?.one, pursuant to Chapter 312, Texas Tax Code, as amended. The legal description of the property to comprise the proposed reinvestment zone is as follows, to-wit: All of Blocks 416, 417, 418, 419, 433, 434, 435, 432, 980; Lots 1 thru 16, Block 438; Lots .1 tl~ru 16, Block 415; Lots 1 thru 16, Block 420, all in Town of La Porte, a subdivision in Harris County, Texas according to the map or plziL- thereof recorded in Volume 1, Paqe 2, of the unrecorded Map Records i~f Harris County, Texas, and recorded in Volume £33, Page 345 of the Deed Records of ilarris County, Texas, CHERIF [SLACK City Secretary Cil-y of La Porl-e (This notice must be published more than seven (7) days before the date of the hearing. Publish one time in the Baysh~re Sun.) • • Exhibit "B" Proposed Reinvestment Zone Barbours Cui Qoulevard ~ w w_w w w w w w ~ w w w w w w w w w w w w w w w w •~- w wow w w w_w 436 437 438 439 979 NORTH E 4 35 4 34 433 4 32 9 80 r Q o MADISON 0 m ~- Z 418 419 420 421 422 TYLER r____I f ~ f ~ r-~ r-~ ~~ ~~ 417 ~ ~ 416 ~~ ~ ~415~ ~ ~ 41 Reinvestment Zone to include all of blocks 416-419, 432--4?S, 980, an~i western half of 415,420 and 438. ~ ~ REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested : January 8, 1990 Requested By: Knox W. Askins Department: City Attorney Report Resolution x Ordinance Exhibits: Ordinance No. 1659-A SUMMARY ~ RECOMMENDATION The enclosed Ordinance amends Ordinance No. 1659, by changing the permit fee to 250.00, and permitting the use of explosives with the prior express written consent of City Council. Otherwise, the existing ordinance would remain in full force and effect. Action Required by Council: Passage of Ordinance No. 1659 A Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other (Motor Pool Replacement Fund) Account Number: Funds Available: _ YES _ NO Annroved for Citv Council Agenda ~~ _ l'3"~ Robert T. Herrera DATE City Manager • • ORDINANCE NO. 1659-A AN ORDINANCE AMENDING CHAPTER 16, OIL AND GAS WELLS, O1' THE CODE OF ORDINANCES OF THE CITY OF LA PORTS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR, AND St1ALL, UPON CONVICTION, BE FINED IN ANY SUM NOT TO EXCEED $200.00; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN F:FFEC'PIV( DATE HEREOF. BE IT ORDAINED BY THE CI`PY COUNCIL. OF THE CI'PY OF LA PORTF: Section 1. Chapter 16, "Oil And Gas Wells", of.. tl~e Code of Ordinances of the City of La Porte is hereby amended to read as follows, to-wit: "SECTION 16-20: PERMITS (2) Permit Requirements Application for a permit hereunder shall be made with the City Secretary. Such application shall contain the name of the applicant, address of the applicant-, the geophysical method:: of mineral exploration to be used, t-he purpose therefor, the location and use with a map attached designating tt~e points cif use. Such application shall be accompanied by a permit fee cif two hundred fifty dollars ($250.00). On receipt of- such application by the City Secretary, the same shall be referred to the City Manager far a report as to the compliance of sur.h application with the provisions of this chapter. Such report and the application shall then be submitted to tl~e City Council. No permit shall be issued except by the approval c>~ the City Council. SECTION 16-29: EXPLOSIVES Explosives may be used with the prior express written consent of City Council." Section 2. Except and to the extend amended by this Ordinance, Ordinance No. 1659 shall remain i.n full force and effect. Section 3. The City Council ot-ficially finds, determines, recites and declares that a sufficient written notice of the dale, hour, place and subject of this meeting of. the City Council was posted at a place convenient to t-he publ. is at the City [1a11 of tt~e 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 tY-is ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. • • ORDINANCE N0. 1659-A Page 2 section 5. This Ordinance shall be effective from and after its passage and approval, and publicaL-ion of its caption, as required by law, and it is so ordered. PASSED AND APPROVED, this Bth day of January, 1990. CTTY OF LA PORT[: [3Y _ __ _ _ _ ______ Norman^T~. MalonE~, Mayor ATTEST: City Secretary APPROVED: C~~~ ~ , - ---- -- City Attorney December 14, 1989 To: Mayor and City Council From: Pat Muston My term as LaPorte's representative on Southeast Texas Housing Finance Corporation is expiring. I have served two years, and am only now feeling knowledgeable enough to be a contributing member. I would like to continue this work and ask that you re-appoint me to this board. Thank you. • • ORDINANCE N0. 1673 AN ORDINANCE APPOINTING A MEMBER TO THE SOUTHEAST TEXAS HOUSING FINANCE CORPORATION BOARD OF DIRECTORS; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS L,AW; ANL) PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTS: Section 2. The City Council of the City of La Porte hereby appoints , as a member of the Board of Directors of the Southeast Texas housing Finance Corporation, for. the term expiring April 30, 1992, or until his successor shall have been duly appointed and qualified. Section 2. All ordinances or parts of ordinances in conflict-. herewith are hereby repealed to the extent of such conflict only. Section 3. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City llall of tl~e 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 furtl-~ei:~ 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 APPROVED this the Bth day of January, 1.990. CITY OF LA PORTS Norman L. Malone, Mayor ATTEST: Cherie Black, City Secretary APPROVED: Knox W. Askins, City Attorney RE UEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 8, 1990 Requested By: Knox W. Askins Department: City Attorney Report Resolution Ordinance Exhibits : See attached . SUMMARY ~ RECOMMENDATION Consider approval language for charter amendment election on May 5, 1990. Action Required by Council: Approval of suggested amendment to Herne bile Charter. Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other (Motor Pool Replacement Fund) Account Number: Funds Available: _ YES _ NO Approved for City Council Agenda Robert T. Herrera DATE City Manage r • • ASKINS S~ ARMSTRONG, P. C. ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P. O. BOX 1219 LA PORTE, TEXAS 77572-1218 KNOX W. ASKINS JOHN D. ARMSTRONG January 2, 1990 Honorable Mayor and City Council City of La Porte City Hall La Porte, Texas Dear Lady and Gentlemen: TELEPHONE 713 471 1886 TELECOPIER 713 471 2047 As authorized at the regular City Council meeting of December 12, 1989, I have drafted a proposed amendment to Section 5.02 of the Home Rule Charter of the City of La Porte. For your reference, I enclose a photocopy of the existing language of Section 5.02, as well as the proposed amended language. The section has been redrafted to increase the dollar limitation from $3,000.00 to $5,000.00, and to otherwise conform to the language of Chapter 252, Texas Local Government Code, setting forth the requirements for competitive bidding or competitive proposals, including new state law on high technology acquisitions, and the Professional Services Procurement Act, relating to architectural and engineering services. A further amendment would allow City Council to increase the $5,000.00 limitation in the future, if subsequently increased by the legislature, without the necessity of a future charter amendment election, and a provision designed to keep the charter purchase provisions consistent with future amendments to state law. I am requesting approval of this language by City Council at its regular meeting of January 8, 1990, so that the language can be included in the ordinance calling the May 5, 1990 election, which ordinance will be presented to City Council at the meeting of February 12, 1990. Yours very truly, Rnox W. Askins City Attorney City of La Porte KWA:sw Attachments • • 5.02. Purchase Procedure All purchases made and contracts executed by the city shall be pursuant to a requisition from the head of the office, department or agency whose appropriation will be charged, and no contract or order shall be binding upon the city unless and until the city manager or his designee approves the same and certifies that there is to the credit of such office, department or agency a sufficient unencumbered appropriation and allotment balance to pay for the supplies, materials, equipment or contractual services for which the contract or order is to be issued. Before the city may enter into a contract that requires an expenditure of more than $5,000.00, the City must comply with the procedure prescribed by Chapter 252, Texas Local Government Code, for competitive sealed bidding or competitive sealed proposals. The city may use the competitive sealed proposals procedure only for high technology procurements. Council may by ordinance confer upon the city manager general authority to contract for expenditures without further approval of council for budgeted items not exceeding $5,000.00. All contracts for expenditures involving more than $5,000.00 must be expressly approved in advance by council. If the competitive sealed bidding requirement applys to the contract, the contract must be awarded to the lowest responsible bidder. Council or the city manager, in such cases as he is authorized to contract for the city, may reject any and all bids. If the competitive sealed proposals requirement applys to the contract, the contract must be awarded to the responsible offeror whose proposal is determined to be the most advantageous to the city considering the relative importance of price and the other evaluation factors included in the request for proposals. Council by ordinance may increase the $5,000.00 limitation herein provided to conform to subsequent increases authorized by state law. Contracts for professional services for which bidding is prohibited by state law shall not be let on competitive bids. Procurement of architectural or engineering services shall be in accordance with the Professional Services Procurement Act. In the event of conflict between any provision of this section and state law, the provisions of state law shall prevail. • ! § 5.02 LA PORTE CODE § 5.03 5.02. Purchase procedure. All purchases made and contracts executed by the city shall be pursuant to a requisition from the head of the office, department or agency whose appropriation will be changed, and no contract or order shall be binding upon the city unless and until the city manager or his designee approves the same and certifies that there is to the credit of such office, department or agency a sufficient unencumbered appropriation and allotment balance to pay for the supplies, materials, equipment or contractual services for which the contract or order is to be issued. Before the city makes any purchase or contract, opportunity shall be given for competition. Council may by ordinance confer upon the city manager general authority to contract for expenditures without further approval of council for budgeted items not exceeding three thousand dollars ($3,000.00). All contracts for expenditures involving more than three thousand dollars ($3,000.00) must be expressly approved in advance by council. All contracts or purchases involving more than three thousand dollars ($3,000.00) shall be let to the lowest bidder, considering quality, after there has been opportunity for competitive bidding as provided for by law or ordinance; provided that council or the city manager, in such cases as he is authorized to contract for the city, shall have the right to reject any and all bids. Contracts for professional services for which bidding is prohibited by law shall not be let on competitive bids. 5.03. Alterations in contracts. Except in case of emergency, alterations in any contract not to exceed twenty-five (25) per cent of the total contract may be made when authorized by council upon written recommendation of the city manager; provided that such alteration is acceptable to the other party to the contract. When such recommended change is for an amount not more than five thousand dollars ($5,000.00), council may authorize the city manager to approve such alterations. j Supp. No. 11 28 `~, _~._.... L SERVICES Title 20 Sept. 1, 1979 i, eff. Sept. 1, § 2, eff. Sept. .Sept. 1, 1979 Sept. 1, 1979 9.05, eff. Sept. r arts. 657 and and 3.16. 3, § 99.05, eff. ~, ch. 57, § 1. S, ch. 871, § 1. 7, ch. 234, § 1. ch. 626, §§ 11, ch. 734, §§ 17, a ~: „~; r; i f. PURCHASING, .GENERAL SERVICES ~ ~. 664-4` Title 20 Acts. 1977, 65th Leg., p. 707,. ch. 266, § 1. Acts 1979, 66th Leg., p. 2052, ch. 803, § 10. Art. 664-4. Professions.l Services Procurement Act Section 1. This Act shall be known and may be cited as the "Professional Services Procurement Act." ' Sec. 2. For purposes of this Act the term "professional services" shall mean those within the scope of the practice of accounting, architecture, optometry, medicine, land surveying, or professional engineering as defined by the laws of the State of Texas or those performed by any licensed architect, optometrist, physician, surgeon, certified public accountant, land surveyor, or professional engineer in connection with his profes- sional employment or practice.- Sec. 3.. No state agency, political subdivision, county, municipality, district, authority or publicly-owned utility of the State of Texas shall make any contract for, or engage the professional services of, any licensed physician, optometrist, surgeon, architect, certified public accountant, land surveyor, or registered engineer, or any group or association thereof, selected on the basis of competitive bids submitted for such contract or for such services to be performed, but shall select and award such contracts and engage such services on the basis of demonstrated competence and quaycations for the type of professional services to be performed and at fair and reasonable prices, as long as professional fees are consistent with and not higher than the published recommended practices and fees of the various applicable professional associations and do not exceed the maximum provided by any state law. Sec. 3A. (a) In the procurement of architectural or engineering services by an entity described by Section 3 of this Act, the entity shall negotiate a contract for the services on the basis of a two-step process: (1) initial selection shall be based on the demonstrated competence and qualifications of the person, including any firm, who is to provide the services; and (2) after the entity makes its selection according to Subsection (a) of this section, it shall proceed to negotiate a contract at a fair and reasonable price. (b) If the entity is unable to negotiate a satisfactory contract with the most highly qualified person, the entity shall formally end negotiations with that person and begin negotiations with the second most highly qualified person. ' (c) Negotiations shall be undertaken in this sequence until a contract is made. Sec. 4. Any and all such contracts, agreements or arrangements for professional services negotiated, made or entered into, directly or indirectly, by any agency or department of the State of Texas, county, municipality, political subdivision, district, authority or publicly-owned utility in any way in violation of the provisions of this Act or any part thereof are hereby declared to be void as contrary to the public policy of this State and shall not be given effect or enforced by any Court of this State or by any of its public officers or employees. Acts 1971, 62nd Leg., p. 72, ch. 38, eff. March 30, 1971. Secs. 2, 3 amended by Acts 1989, 71st Leg., ch. 1036, § 1, eff. June' 16, 1989; Sec. 3A added by Acts 1989, 71st Leg., ch. 392, § 1, eff. Sept. 1, 1989. Historical Note Section S of the act of 1971, an emergency Sections 5 to ? of the 1971 Act read:. Provision, provides in part: "The fact that the selection of certified public "Sec. 5. Nothing in this Act shall affect the accountants architects physicians, optometrists, validity or binding effect of any valid contracts surgeons and professional engineers on the basis in existence at the effective date hereof.. of the lowest bid places a premium on incom- "Sec. 6. If any section, sentence, clause or petence and is the most likely procedure for part of-this Act is, for any reason, held to be selecting the least able or qualified and the most unconstitutional, such decision shall not affect incompetent practitioner for the performance of the remaining portion of this Acct. _ services vitally ~~B the health, welfare and safety of the public and that, in spite of repeated "Sec. 7. Any laws or parts of laws in conflict expressions of the legislature excepting such with the provisions of this Act are hereby re- professional services from statutes providing for pealed." competitive bidding procedures, some public offi- 173 ,~° ti.:; y, • ~ . H~rr~i~ C.ULInt ~ ~ .~~~ ~~r~~is~ District BOARD OF DIRECTORS December 11, 1989 gyp. G The Honorable Norman L. Malo e Mayor, City of La Porte P. O. Box 1115 La Porte, TX 77572-1115 Dear Mayor Malone: • ,`~OJr~+ APPp,~~S,`, b E ^, • ~'~ s t ,~ p __ _' ~ r ~ \ a ~ 3 Z `/ ... 2800 North Loop West P.O. Box 920975, Houston, Texas 77292.0975 ~-~ Telephone 713-683.9200 i ~., ~` ~~ M~``"1 ~"'~°~k,cY^ J g' t~'1~ S 1~ t~itr The board of dire~vrs of the Harris :.~~ur~ty Appraisal District is responsible fvr tl'ie appointment of individuals to serve on the appraisal review board. Previously, larger appraisal districts were authorized to appoint 30 regular ARB members, who served two-year, staggered terms, and 15 "alternate" members, who served one year terms. House Bill 432, enacted during the 1989 Legislative Session, authorizes an appraisal district with a population of at least 1.5 million to expand its ARB to 45 regular members. Therefore, 30 review board positions are currently being considered for appointment or reappointment. Twenty-three of these appointments will be for two-year terms and seven will be for cone-year term. Since your governing body has had experience in appointing such boards in the past, we would appreciate any recommendations you may have regarding individuals to serve on the appraisal review board. We would prefer candidates with some knowledge of property valuation, real estate market, or some previous review board or board of equalization experience. Other recommended candidates will be considered, of course. Perhaps the most important qualification for any review board member is his or her willingness to devote suffi- uenttime to the responsibilities. There will be several organizational meetings, a lengthy orientation, and hearings that could take several months offull-time partlupation. Members are entitled to per diem asset by the appraisal district budget. Requirements for serving on the Board include being a current resident of the district and having resided in the district for at least two years. Officers or employees of a taxing unit, the appraisal district, or the State Property Tax Board are not eligible to serve. ,•. House B;II 432 aclc~eti provisions to the Tax Code, effective September 1, 1989, which prohibit nepo..~t~}}d conflicts of interest for appraisal review board members. Sec. 6.412 prohibits-a.n`~S~i$ member from serving if related to a person who operates for compensatib~i:~,s;~xagent operating in the appraisal district, or an appraiser operating iri o~"ert~~jred by the appraisal district. Relatives included are those within the: p'torad_degtee by cor~sangui~ity (blood) or affinity (marriage). These persons include`"~p-ou'se;`child'ren; brothers and sisters, parents, grandparents, December 11, 1989 Page 2 grandchildren, aunts and uncles, and brothers-in-law and sisters-in-law. The spouse's relatives in the same degree are included. . Sec. 6.413 prohibits a person who contracts with the appraisal district for any purpose from serving on the ARB, as well as a person who contracts on atax-related matter with a taxing unit served by the appraisal district. A person who has a . substantial interest in a business that has either type of contract is also barred. Substantial interest is defined as either: (1) Combined ownership by the person and his spouse of at least 10 percent of the voting stock or shares of the business, or (2) service by the individual or a spouse as a partner, limited partner, or officer in the business entity. Sec. 6.413 also bars the appraisal district from entering into a contract with a current ARS member or with a business entity in which the member has a substantial interest. Additionally, taxing units are barred from making atax-related contract with a member of the AR8 or a business entity in which the member has a substantial interest. Please consult members of your governing body and administrative staff and if you have recommendations please submit them to Board of Directors, Harris County Appraisal District, Attn: Margie Hilliard, P. O. Box 920975, Houston, Texas 77292- 0975. ~rS order that we ay review ail candidates, please submit your recommendations by January 12, 1990. Recommendations received after that date will not be considered for the initial ap ointments. For any recommendation, please ask the individual if he or she is w~ Ong to serve and request they submit a resume or brief statement of n. Thank you for your assistance in this important responsibility. Should you have questions, please contact Kenneth Graeber at 957-5291. Sincerely, a!~~ ~~ +~' ~- George N. Wyche Chairman, Board of Directors c: Tax Assessor REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Jattuar 8 99 __._, Requested By: Steve Gillett Department: Public Works XXX _ Report Resolution Exhibits: Bid Recap Sealed Bids #0350 - Tire Cutter Ordinance SUMMARY & RECOMMENDATION Advertised, sealed bids #0350 for a tire cutter were opened and read on November 13, 1989. The only source found for this type of equipment is Tire Service Equipment Mfg. Co. located in Phoenix, Arizona. The bid submitted by Tire Service Equipment Mfg. Co. was in the amount of Twelve Thousand Three Hundred Ten Dollars ($12,310.00). Eleven Thousand Six Hundred Fifty Dollars ($11,650.00) was budgeted for this item in the Solid Waste - Residential Operating Budget for 1989/90. The bid submitted is Six Hundred Sixty Dollars ($660.00) over the budgeted amount. The only bidder, Tire Service Equipment Mfg. Co., has indicated a willingness to lower their bid to the budgeted amount. Staff recommends rejection of the bid submitted by Tire Service Equipment Mfg. Co. and authorize City Manager to negotiate purchase as a sole source, its an amount not to exceed $11,650.00. Action Required by Council: Reject the bid submitted by Tire Service Equipment Mfg. Co. for the purchase of a tine cutter and authorize City Manager to negotiate purchase as a sole source, in an amount not to exceed $11,650.00. Availability of Funds: xx General Fund Water/Wastewater Capital Improvement _ _____ General Revenue Sharing Other Account Number: 001-700-702-821 Funds Available: xx YES NO Approved for City Council Agenda ~ D Robert T. Herrera DATE City Manager ~' ~ ,~ ! cIT~~ o: La ~oRT I~iT3R-OFD=~_ M~MCRADJDUM NOVEMBER iE, 1989 l'0. Steve G___et'- L_rector o= Public works FROM: Louts Rigby, Purchasing Manager SUBJECT: Sea'_ed 3_d #0350 - Tare Cutter Advertised, sealed bids #C350 for a tire cutter were opened and read on vovember 13, 1989. A bid request was mailed to the only fou_^.c source for tizis type equipmer_t, T_re Service Equ;pment Mfg. Co., Inc. They returned a bid of $12,310 for a model TC-'_00- GE:~ with a 60 day delivery. Please submit your recommendation with an agenda request form by the prescribed time before the next regular courcil meeting. If there is a need to delay bringing this bid before council, please notify me. LR/gr Attachment: Bid xc: Buddy Jacobs, wj attachment Bill Fitzsimmons, w/ attachment MEMORANDUM January 3, 1990 i TO: Mayor and City Council FROM: Robert T. Herrera, City Manager ~F'"~ SUBJECT: Workshop Meeting, January 15, 1990 ~T~' Please be advised that the following items are proposed for a workshop meeting to be held on January 15, 1990. 1. Drug testing policy 2. Telecommunications tax 3. Smoking ordinance 4. Valuation Engineer contract R. T. Herrera n~~ I ' ~ A ~F ~ } • ~ \ Q ~ tt ~ << < ' ~, ~ ~ r~~"~. v'r~ ~~~ ~t*, ~, t t ~Ak I r/. ET [ ~1 ~ i ,. '' ~F 11~ J'S ~ .: X11 ~f5 P vy ~ ~'j January 12, 1990 CITY OF I~ PORTE PHONE X713) 471.5020 • P. O. Box 1115 • LA PORT E, TExAS 77571 ~. ,y„,,;,~;y ,,. ~~ -- -_ ._'. mfr Y-S~..~.~ Sid Durbin, CEO 1200 Highway 146 South, Suite 155 La Porte, TX 77571 Dear Sid: ~ ~ ~~ The City of La Porte is fortunate to have business leaders such as yourself. Your gesture to support City programs that benefit our senior citizens and handicapped residents demonstrates a commitment of community pride. The City accepts your proposal that I assume kicks-off with the new year 1990. I will advise my Council of your wishes and inform the City's accounting department to prepare for your quarterly donations. Additionally, the City's Department of Parks and Recreation will receive notice of your program. The City Council will be meeting in regular session on January 22 at 6:00 p.m. in City Hall Council Chambers. On behalf of the Mayor, I would like to invite you to this meeting so the City Council may thank you publicly. If you have any questions, please don't hesitate to contact me. Sincerely, ~u~.~. T Robert T. Herrera City Manager xc: Mayor and City Council Jeff Litchfield, Finance Director Stan Sherwood, Parks & Recreation Director SE H= D= ~ TRA VEL MANAGEMENT FOR THE 21 ST CENTURY RECE1~lED~ ~aN~~ ..~r_ rt,,l: ~Ic_~, rer C i. t. , c,1 L..;,f'c~r l.? CIYY iv~A~vhutl~ ~O~FICE D~~%3r r~c;l; T'r~av; ;•~ f~ ._~c~00 would life to make ~_~ contri.bution to the ::enic~r c.it i; c-•rr~, ;+nc1 the hand.ic~~p resideni:.s cif th~~ city of L.~ F'c>rte. t,le ;~,,~-,!~lrJ .1 .i.l;ca to rnake the contri.but.ianU c~irect.l.y t.o the City r c l_.--{ ~,~,ri:E~ for cJ.istribution a. needcc~. 1.1~, .-~i' L ~=c,~ up an accc::unt allccatin~~ to n percent of our E'?rrl l it<.i`' f C!1" E'c':vfi pl1rC'klc'~`?C', rClade by c"3 resident Of tkl<? ~:l t ~ C?f ,.. -. %-~~~~~~,~ ~-~,r 1F•isure t.ra~~el. Contrik~~utions would be rna~j~~ on ~~ ..•!~ •r ]y k~asis. "~~~~ <-~ri~<;;irrt of contribution would be riireczly proportion,at-e to rhr.. ~:n,ount of business the La Porte ;-esidents share witf~ Tr avt<>c:: t~ ~:uG~ . We hor» 'that our contribur.ions will k:e signi ficar~t and that tk-,e resic_~<~nt.s of La Fort;:' allow Travicech 2cJC%0 tk~e opportunity t.c yE~rve ~,.'•_ 1 their travel needs . i- r :_~ ~ c r ,/ ~ r 1200 Highway 146 South, Ste. 155 LaPorte, Texas 77571 (713) 470-9800 (800) 443-7444