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Home My WebLink About1991-09-09 Regular Meeting MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL SEPTEMBER 9, 1991 1. The meeting was called to order by Mayor Malone at 6:00 P.M. Members of City Council Present: Mayor Norman Malone, Councilpersons Guy Sutherland, Mike Cooper, Bob McLaughlin, Alton Porter, Deotis Gay, B. Don Skelton, Jerry Clarke Members of City Council Absent: Councilperson Bob Thrower Members of City Staff Present: City Manager Bob Herrera, City Attorney Knox Askins, City Secretary Cherie Black, Assistant City Manager John Joerns, Director of Public Works Steve Gillett, Police Chief Bobby Powell, Fire Chief Joe Sease, Human Resources Manager/Purchasing Manager Louis Rigby Others Present: Charles Dippel, Brent Ryan, several citizens 2. The invocation was given by Councilperson Porter. 3. Council considered approving the minutes of the Special Called Meeting of Council held August 22, 1991. Motion was made by Councilperson Clarke to approve the August 22 minutes as presented. Second by Councilperson Gay. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 4. Council considered approving the minutes of the Regular Meeting of Council held August 26, 1991. Motion was made by Councilperson Skelton to approve the minutes of Auctust 26 as corrected to show a second to the motion on item 8. Second by Councilperson Sutherland. The motion carried, 7 ayes, 0 nays, 1 abstain. Ayes: Councilpersons Sutherland, Cooper, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None Abstain: Councilperson McLaughlin The minutes of August 26 will be corrected to show that Councilperson Thrower seconded the motion on item 8. 5. Mr. Ross Hays, Bayside Engineering, addressed Council to express his concern regarding Morgan's Point Scrap Metal on North 10th. They are using the right of way to load and unload trucks, and leaving debris of all kinds in the street, • ~ Minutes, Regular Meeting, La Porte City Council September 9, 1991, Page 2 making it inconvenient to drive and also dangerous to vehicle tires. He would like to see something done to alleviate this hazard. Mayor Malone asked that he talk with Chief Bobby Powell. Mrs. Charlotte Boudreaux addressed Council regarding high water bills. She was concerned that older people and those on a fixed income, are not able to afford to pay their water bills and have enough income left to sufficiently take care of their other needs. She asked that Council please try to see if something could be done to help older citizens in paying their water bills or lowering the cost for them. 6. Council considered an ordinance amending Chapter 25, Article 2, Section 23 of the Code of Ordinances of the City of La Porte, Texas, establishing speed limits in school zones. The City Attorney read: ORDINANCE 1466-C - AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 2, SECTION 23 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS; ESTABLISHING SPEED LIMITS IN SCHOOL ZONES BETWEEN 7:00 A.M. AND 9:00 A.M., AND BETWEEN 1:00 P.M. AND 4:00 P.M. ON SCHOOL DAYS; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson McLaughlin to adopt Ordinance 1466-C as read by the City Attorney. Second by Councilperson Gay. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 7. Council considered an ordinance establishing speed limits during construction on a portion of Spencer Highway within the corporate limits of La Porte. The City Attorney read: ORDINANCE NO. 1780 - AN ORDINANCE ESTABLISHING SPEED LIMITS DURING CONSTRUCTION ON A PORTION OF SPENCER HIGHWAY WITHIN THE CORPORATE LIMITS OF LA PORTE AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF. Motion was made by Councilperson Skelton to adopt Ordinance 1780 as read by the City Attorney. Second by Councilperson McLaughlin. The motion carried, 8 ayes and 0 nays. • • Minutes, Regular Meeting, La Porte City Council September 9, 1991, Page 3 Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 8. Council considered a resolution nominating a member to the Harris County Appraisal District. No nominations were made; therefore the item was not acted upon. 9. Council considered appointing a voting delegate and an alternate voting delegate to National League of Cities Congress of Cities. Motion was made by Councilperson Sutherland to abboint Councilperson Deotis Gay as voting delegate and Councilperson Jerrv Clarke and alternate voting delegate to the National League of Cities Congress of Cities. Second by Councilperson Skelton. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: None 10. Council considered awarding a bid for a fire truck. Motion was made by Councilperson McLaughlin to award the bid for a fire truck to Kovatch Mobile Equipment Company in the amount of 5176,653.00, which includes an optional fiberglass tank. Second by Councilperson Cooper. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Skelton, Clarke and Mayor Malone Nays: Nays At this time, Council adjourned into executive session at 6:24 P.M. to address the following items: V.A.T.S. Article 6252-17, Section 2(E) (Legal) - Meet with Special Council regarding Houston Chemical Services, Inc./Southern Ionics, Inc.; Section 2(G) (Personnel) - Discuss personnel matters and Council appointments; and Section 2(R) (Conference) - Receive airport update from City Manager. Council returned to the table at 8:14 P.M., having taken no action on the executive session items. ~ ~ Minutes, Regular Meeting, La Porte City Council September 9, 1991, Page 4 11. Workshop Item: Discuss Wine and Beer Retailer on-premise license and provide policy direction on issuance. Report was given by Assistant City Manager John Joerns regarding issuance of the above licenses. There has been some question as to whether or not a grocery is eligible for an on- premise license. After the report, direction was given to staff to prepare a policy resolution that establishments that obtain their primary income from the sale of groceries and/or fuel and fuel products not be granted on-premise beer and wine permits. 12. There were no administrative reports. 13. Councilpersons McLaughlin, Gay, Skelton and Mayor Malone brought items to Council's attention. The Mayor asked the City Manager to give a brief overview of a project about which Mr. Warren Marsh wishes to address Council. Mr. Herrera did so - the project involves a proposed cruise and dine ship to be docked at Sylvan Beach. Mr. Marsh wishes to make a presentation to Council in the near future. 14. The executive session had already been held. 15. There being no further business to come before the Council, the meeting was duly adjourned at 9:02 P.M. Respectfully submitted: Cherie Black, City Secretary Passed & Approved this the 23rd day of September, 1991 No man L. Malone, Mayor REQUEST FOR_CITY COUNCIL AGENDA ITEM Agenda Date Requested: September_9~_1991 Requested By: __Bobby_L __Powell _ Department: Police ______ Report EXHIBITS: Resolution X Ordinance Proposed Update Traffic Ordinance 25-23. SUMMARY & RECOMMENDATION The La Porte Independent School District has developed Early Dismissals within this district to comply with state requirements and to provide for continuous staff development. LPISD will have early following schedule. Students who dismissed at Students who be dismissed dismissal every Monday according to the regularly leave at 2:30 p.m. will be 1:30 p.m. regularly leave at 3:30 p.m. will at 2:30 p.m. We are requesting a new time frame on the School Zones to comply with their new attendance hours in which an update to the Traffic Ordinance Chapter 23; Article II Sec. 25-23 (d) (2) is necessary; The speed limit established in this section shall be in effect between 7:00 a.m. and 9:00 a.m. and between 1:00 p.m. and 4:00 p.m., Monday through Friday of each week, from the first day of September or the beginning of the school term, whichever event first occurs, to the first day of June or the last day of the school term, whichever event last occurs, of each and every year, when the school zone to which such limit applies in properly signed or posted as a school zone. Timed flashing lights, as well as fixed signs may be used to sign or post a school zone. ACTION REQUIRED BY COUNCIL: Updating Traffic Ordinance ie. School Zone. ALTERNATIVE: None AVAILABILITY OF FUNDS: ______ General Fund__v Water/Wastewater _ Capital Improvement__ General Revenue Sharing Other (Grant Funded) Account Number: Funds Available: YES NO Approved for City Council Agenda ~~~~ - • LA PORTE POLICE DEPARTMENT - INTEROFFICE MEMO TO: Mr. Bob Herrera, City Manager ,,, FROM: Bobby L. Powell, Chief of Police , SUBJECT: Proposed Update Traffic Ordinance DATE: September 3, 1991 The La Porte Independent School District has developed Early Dismissals within this district to comply with state requirements and to provide for continuous staff development. LPISD will have early dismissal every Monday according to the following schedule. Students who regularly leave at 2:30 p.m. will be dismissed at 1:30 p.m. Students who regularly leave at 3:30 p.m. will be dismissed at 2:30 p.m. We are requesting a new time frame on the School Zones to comply with their new attendance hours in which an update to the Traffic Ordinance Chapter 23; Article II Sec. 25-23 {d) (2) is necessary; The speed limit established in this section shall be in effect between 7:00 a.m. and 9:00 a.m. and between 1:00 p.m. and 4:00 p.m., Monday through Friday of each week, from the first day of September or the beginning of the school term, whichever event first occurs, to the first day of June or the last day of the school term, whichever event last occurs, of each and every year, when the school zone to which such limit applies in properly signed or posted as a school zone. Timed flashing lights, as well as fixed signs may be used to sign or post a school zone. BLP/web ORDINANCE NO. 1466C AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 2, SECTION 23 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS; ESTABLISHING SPEED LIMITS IN SCHOOL ZONES BETWEEN 7:00 A.M. AND 9:00 A.M., ,AND BETWEEN 1:00 P.M. AND 4:00 P.M. ON SCHOOL DAYS; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILTY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The Code of Ordinances, City of La Porte, Harris County, Texas, Chapter 25 "Traffic", Article 2, Section 23(d)(2) is hereby amended to read as follows, to-wit: Section 25-23. Maximum limits generally. ...(d) Maximum limits and school zones. ...(2) The speed established in this section shall be in effect between 7:00 a.m. and 9:00 a.m., and between 1:00 p.m. and 4:00 p.m., Monday through Friday of each week, from the first day of. September, or the beginning of the school term, whichever event first occurs, to the first day of June, or the last day of the school term, whichever event first occurs, of each and every year, when the school zone to which such limit applies is properly signed or posted as a school zone. Timed flashing lights, as well as fixed signs, may be used to sign or post a school zone. Section 2. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this .meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof . Section 3. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed ORDINANCE NO. 1466C each section, sentence, phrase or clause, or part thereof, Page 2 irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be invalid. Section 4. Any person, as defined in Section 1.07(27), Texas Penal Code, who shall violate any of the provisions of this ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Hundred Dollars ($200.00). Section 5. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 6. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this Ordinance by causing the caption hereof to be published in the official newspaper in the City of La Porte at least twice within ten (10) days after the passage of this Ordinance. PASSED AND APPROVED, this 9th day of September, 1991. CITY OF LA PORTE BY Norman L. Malone, Mayor ATTEST: Cherie Black City Secretary APPRO ED: C~ Knox W. Askins City Attorney . ~~ ~~~ COMMISSION RAY STOKER, JR., CHAIRMAN ROBERT H. DEDMAN WAYNE B. DUDDLESTEN • STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION P.O. BOX 1386 HOUSTON, TEXAS 77251-1386 (713) 869-4571 August 15, 1991 ENGINEER-DIRECTOR ARNOLD W. OLIVER, P.E. CONTACT: DTOE Construction Speed Zone Harris County Control 8020-12-013 & 011 Spencer Highway from Willow Spring Bayou to SH 146 ~~"~~~ ~AUO ~ ~ i~~i Hon. Norman L. Malone Mayor, City of La Porte P.O. Box 1115 La Porte, Texas 77572-1115 Dear Mayor Malone: ~~~~ ~a~~~~~s ~FFIirE A project is being let for contract to widen Spencer Highway from Willow Spring Bayou to SH 146. All work will be within the corporate limits of La Porte as described in the attachment to this letter. In the interest of safety, it is desirable to establish a reduced speed zone for posting along Spencer Highway during the construction operation. Please establish the recommended zone by council action at your next regular meeting. Attached are two copies of a sample ordinance containing the recommended zone. This draft is so written that it is automatically cancelled upon completion of this project. If you concur, please return a copy of your executed ordinance for our further handling. Sin rely .Steven Z. Levine, P.E. District Traffic Operations Engineer District No. 12 MQW:sh Attachment An Equa/ Opportunity Emp/over • • RESOLUTION NO. 91-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTS, NOMINATING A CANDIDATE FOR A POSITION ON THE HARRIS COUNTY APPRAISAL DISTRICT'S BOARD OF DIRECTORS; FINDING COMPLIANCE WITH THE OPEN, MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. NOW, THEREFORE, BE IT RESOLVED BX Tf~E CITY COUNCIL OF THE CITY OF LA PORTS: Section 1. The City Council of the City of La Porte hereby nominates a resident elector of the City of La Porte, for a position on the Eiarris County Appraisal District's Board of Directors, to be filled by cities and towns other than the City of Houston. Section 2. The Mayor of City of La Porte shall submit the name of the City of La Porte's nominee to the Chief Appraiser of the Harris County Appraisal District, which submittal shall be in the form of a certified copy of this resolution. Section 3. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall. of the City of La Porte, Texas f_or 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 resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Resolution shall be in effect from and after its passage and approval. PASSED AND APPROVED this the 9th day of September, 1991. ~ rmv nF r.n nnnmF • • :~v. .:.,. HARRIS COUNTY APPRAISAL DISTRICT MEMORANDUM OFFICE OF CHIEF APPRAISER TO: PRESIDING OFFICERS OF HARRIS COUNTY TAXING UNITS FROM: JIM ROBINSON, CHIEF APPRAISER ~ i SUBJECT: UPDATE ON ADDIT'fON OF MEii~IBER TO H!-I~iciS COUN i Y APPRAISAL DISTRICT BOARD OF DIRECTORS REPRESENTING CONSERVATION & RECLAMATION DISTRICTS DATE: JULY 11, 1991 On Mazch 7, 1991, I sent you a memo reporting the boazd of directors' action of February 20, 1991, increasing the number of boazd members from five to six effective in 1992, and advising that the sixth member would be selected by vote of the conservation and reclamation districts which participate in the Harris County Appraisal District. The boazd's action was taken pursuant to the 71st Texas Legislature's 1989 amendment to Sec. 6.03, Texas Tax Code, which provides that conservation and reclamation districts may participate in the selection of members of the appraisal district boazd of directors. The boazd's action takes final effect on September 1, 1991. As most of you aze awaze, the so-called "three-quarter" rule applies to the Harris County Appraisal District. It provides that the voting taxing units may amend the normal statutory selection process of selecting members of the boazd of directors to provide a system more suitable to local conditions. In 1981, the county, cities and school districts of Harris County invoked the "three-quarter" rule and provided that one member of the appraisal district board of directors would be appointed by Harris County Commissioners Court, one by the Houston City Council, and one by the Board of Trustees of the Houston Independent School District. The cities, other than the City of Houston, each cast one vote to elect a boazd member representing those cities, and the school districts, other than Houston, each cast one vote to elect a school district representative to the board of directors. Section 6.03, as amended, prescribes the method by which conservation and reclamation districts may activate their right to participate in the selection of boazd members. Eazlier this yeaz, Hams County Municipal Utility District No. 67 properly and timely took the steps necessary to effect the entitlement of all such conservation and reclamation districts in Hams County to nominate and vote on members of the boazd of directors in the current yeaz by delivering to the chief appraiser a written request to nominate and vote on the boazd of directors. • Presiding Officers July 11, 1991 Page 2 Section 6.031(x) of the Property Tax Code authorizes the board of directors to increase the number of members on the board and to change the method or procedure for appointing the members, or both. As a result of the action by Harris County Municipal Utility District No. 67, and in recognition of the desirability of such conservation.and reclamation districts having representation on the board of directors, the Harris County Appraisal Distazct Board of Directors deems it appropriate and in the public interest to exercise the authority granted to it by Section 6.031(a) of the Tax Code to increase the number of members on the board of directors from five to six, and to provide that such additional member be nominated and selected by such conservation and reclamation districts in the same manner as the member selected by those cities and towns, other than the City of Houston, and the member selected by participating school districts, other than Houston. Since a new board will take office effective January 1, 1992, the nomination and selection process will be conducted this fall. The procedures to be employed in the selection of members of the board of directors of the Hams County Appraisal District for the two-year term commencing on January 1, 1992, are as follows: For Cities and Towns Other Than the Citv of Houston Each city and town, other than the City of Houston, may nominate one candidate for that position on the appraisal district's board of directors to be filled by such cities and towns. Such nomination must be by resolution duly adopted by the governing body of such city or town on or after September 1, 1991. Prior to October 16. 1991, the presiding officer of each governing body making such a nomination must submit the name of such city's or town's nominee to the chief appraiser of the Harris County Appraisal District. Such submittal should be in the form of or accompanied by a certified copy of the resolution making such nomination. Prior to October 30. 1991, the chief appraiser of the Harris County Appraisal District will prepare a ballot, listing the candidates nominated by such cities and towns alphabetically according to the first letter in each such candidate's surname, and deliver a copy of such ballot to the presiding officer of the governing body of each such city and town. • Presiding Officers July 11, 1991 Page 3 Prior to November 15. 1991, the governing body of each such city and town shall cast, by resolution, its vote for the one candidate of its choice and submit the same to the chief appr~.ser. Such yubmirt.~l should be in t?~e form of or accompanied by a certified copy of such resolution. Prior to December 1. 1991, the chief appraiser will count the votes cast by such cities and towns, declaze the results thereof, and submit the same to the governing body of each such city and town and to each of the candidates nominated by such cities and towns. In the event of a tie vote, the same will be resolved by a method of chance chosen by the chief appraiser. For School Districts OrhPr Than the Ho ~crnn Tn~PDende*+~ SchMl D.str~ct The candidates nominated and the candidate selected by all school districts, other than the Houston Independent School District, within the Hams County Appraisal District shall be nominated and selected by such school districts at the same dme and in the same manner as that heretofore described for all cities and towns, other than the City of Houston, within the Harris County Appraisal District. The candidates nor_unated and the candidate selects by aU conservation and reclamation districts within the Harris County Appraisal District shall be nominated and selected by such conservation and reclamation districts at the same time and in the same manner as that heretofore described for all cities and towns, other than the City of Houston, and for independent school districts, other than Houston Independent School District, within the Hams County Appraisal District. Prior to November 1 S ~ ~ t , each of the governing bodies of Harris County, the City of Houston, and the Houston Independent School District shall appoint, by resolution, one member of the boazd of directors of the Harris County Appraisal District for a two-yeaz term of office commencing on January 1, 1992. i Presiding Officers July 11, 1991 Page 4 • Prior to December 1. 1991, each such governing body shall deliver or cause to be delivered a certified copy of the resolution appointing its representative to such boazd of directors to the secretary of the boazd of directors of the Harris County Appraisal District. We invite your questions or comments on the boazd selection process, as amended. Please do not hesitate to call me at 957-5291. A copy of the board's resolution is attached for your review. With kindest regazds, Jim Robinson Chief Appraiser Attachment c: HCAD Board Members Attorneys Tax Assessors • • RESOLUTION. NO. 91-~ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT INCREASING THE NUMBER OF MEMBERS ON THE BOARD OF DIRECTORS OF SAID DISTRICT FROM FIVE TO SIY; PROVIDING FOR THE METHOD OF SELECTING SUCH MEMBERS; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. X X X 71~ WHEREAS, t}ie current Board of Directors of the Harris County Appraisal District is composed of five (S) members, one of whom is appointed by each of the following: Harris County, the City of Houston, the Houston Independent School Districr_, all cities and towns, other than the City of Houston, participating in the District, and all school districts, other. titan the Houston Independent School District, participating in the District, all as authorized by and provided for in a resolution approved in 1981 by three-fourths of the taxing units then participating in the District and entitled to vote for members of its Board of Directors; and WHEREAS, at the time of the adoption of such resolution in 1981, only counties, cities and towns, and school districts were entitled to vote on the appointment of members of the board of directors of an appraisal district; and WHEREAS, in 1989 the Texas Legislature amended Section 5.03 and related provisions of the Property Tax Code to authorize conservation and reclamation districts to participate with counties, cities and towns, and school districts in the appointment of members of the board of directors of appraisal • • districts and prescribed the method by which such conservation and reclamation districts could activate such right; and '~1HEREAS, one or more conservation districts participating in the Harris County Appraisal District have now properly and timely taken those steps necessary to effect the entitlement of all such conservation and reclamation districts i_n said District to nominate and vote on members of the Board of Directors in the current year; and WHEREAS, as a result of such action and in recognition of the desirability of such conservation and reclamation district having representation on the Board of Directors of the District, said 3oard of Directors deems it appropriate and in the public interest to exercise the authority granted to it by Section 6.031(a) of the Property Tax Code to increase the number of members on said Board of Directors from five (5) to six (6) and to provide that such additional member shall be nominated and selected by such conservation and reclamation districts; now, therefore BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT: Section 1. That the facts and recitations set forth in the preamble hereof be, and they are hereby, adopted, ratified, and confirmed. Section 2. That this Resolution be, and it is hereby, adopted pursuant to authority granted to the Board of Directors by Section 5.031 (a) of the Texas. Property Tax Code. -2- • • Section 3. That from and after January 1, 1992, the Board of Directors of the Harris County Appraisal District shall tie cocnposed of six (6) members, Pach of whom must meet the eligibility and residence requirements and shall be appointed for the r.erm of office prescribed in Chapter 6 of the Texas Property Tax Code. Section 4. That the method and procedure for appointing the six (6) members of such Board of Directors shall be as follows: A. 3y Whom Appointed. (1) The governing body of the County of Harris shall appoint one (1) member. (2) The governing body of the City of Houston shall appoint one (1) member. (3) The governing body of the Houston Independent School District shall appoint one (1) member. (4) The governing bodies of all incorporated cities and towns that participate in the District, excluding the City of Houston, shall appoint one (1) member. (5) The governing bodies of all school districts that participate in the District, excluding the Houstonlndependent School District, shall appoint one (1)member. (6) The governing bodies of all conservation and reclamation districts that participate in the District shall appoint one (1) member. -3- • • B. Time and Method of Appointment. (1) Eiarris County, City of Houston, and Houston Independent School District. Those members appointed by the County of Harris, the City of Houston, and the Houston Independent School District shall be appointed by a resolution duly adopted by the respective governing bodies ~f such entities prior to November 15 in each odd numbered year. A certified copy of each such resolution shall be delivered to the Chairman or Secretary of the Board of Directors of the District prior to December 1 of each such odd numbered year. (2) Cities and Towns Other Than the City of Houston The member appointed by all incorporated cities and towns participating in the District, other than the City of Houston, shall be selected in the following manner: (a) Each such city and town may nominate, by resolution duly adopted by its governing body, one (1) candidate for the position on the Board of Directors to be filled by such cities and towns. The presiding officer of the governing body of each such city and town making such a nomination shall submit -4- • the name ~f its nominee to the Chief Appraiser of-the Appraisal District prior to October 15 of each odd numbered year. Before October 30 of such year, the Chief Appraiser shall prepare a ballot, listing the candidates thus nominated alphabetically according to the first letter in each such candidate's surname, and shall deliver a copy of such ballot to the presiding officer of the governing body of each such city and town. The governing body of each such city and town shall be entitled to one vote for the candidate of its choice whose name appears on such ballot. Such vote shall be expressed by resolution of each such governing body and an official copy thereof shall be delivered by the presiding officer of such governing body to the Chief Appraiser of th.e District prior to November 15 of such year. The Chief Appraiser shall count the votes, declare the candidate who received the highest number of votes elected, and, prior to December 1 of such year, submit the results of such election to the governing body of each such city and town, to the candidates nominated, and to the Secretary of the Board of Directors of -5- i • the District. The Chief Appraiser shall resolve a tie vote by any method of chance. (b) School Districts Other Than Houston Independent School District. The member appointed by all school districts participating in the District, ether than the Houston Independent School District, shall be nominated and selected by the governing bodies of such school districts at the sane. time and in the same manner as the member selected by those cities and towns, other than the City of Houston, participating in the District. (c) Conservation and Reclamation Districts. The member appointed by all conservation and reclamation districts participating in the District shall be nominated and selected by the governing bodies of such conservation ana reclamation districts at the same time and in the same manner as the member selected by those cities and towns, other than the City of Houston, participating in the District. C. Vacancies On the Board. (1) In the event a vacancy occurs on the Board of Directors, the Chairman or Secretary of such Board shall give written notice thereof to the -6- 1 • governing body or bodies of the taxing unit or units who appointed the person who vacated such position. Such notice shall be delivered to such taxing unit or units within ten (l0) days after such vacancy occurs by the Board of Directors. Within sixty (60) days after receipt of such notification, the governing 'oody or bodies of such taxing unit or units ~~~ho initially appointed the person to the position vacated shall fill such position for the unexpired term. The method and procedure employed in appointing a person to fill such vacancy shall be the same as .that employed in the appointment of the person who vacated such position. Section 5. That the Secretary of the Board of Directors of the Harris County Appraisal District be, and he is hereby, directed to file an official copy of this Resolution with the Chief Appraiser of said District after June 30 and before October 1, 1991. S~:ction 6. That the Chief .Appraiser be, and he is hereby, directed to deliver an official copy of this Resolution to each taxing unit participating in the Harris County Appraisal District before August 15, 1991. -7- • PASSED, APPROVED, AND ADOPTED this 20th day of February, 1991. ~- Zairma Boar o irectors Harris County Appraisal District ATTEST: ~~ i e~3 cry ary, Boa o Uirec~f'ors Ilarris County Appraisal District -$- • National 1301 Pennsylvania Avenue NW ~0~~~ League Washington, D.C. of 20004 Cities (202) 626-3000 Fax: (202) 626-3043 August 9, 1991 To: City ,Clerks of Direct Member Cities From:. Donald J. Borut, Executive Directo Officers President Sidney J. Barthelemy Maycx, New Orleans, Louisiana First Vice President Glenda E. Hood Commissioner, Orlando Florida Second Vice President Donald M. Fraser Mayor, Minneapdis. Minnesota Immediate Past President Bob Bolen Mayor, Fort Worth, Texas Executive Director Donald J. Borut Subject: Designation of Voting and Alternate Voting Delegates, Annual Congress of Cities, December 12-16, 1991 Las Vegas, Nevada Under the Bylaws of the National League of Cities, each direct member city is entitled to cast from one to twenty votes, depending upon the city's population, through its designated _voting delegate at the Annual Business Meeting of the Congress of Cities. (See table on reverse side.) This meeting willbegin at approximately 10:30 a.m., Monday, December 16, 1991 in the site of the 1991 Congress of Cities. (Please consult your convention program on-site at the Congress of Cities for the exact starting time and meeting room.) To be eligible to cast the city's vote, each voting delegate and alternate voting delegate must be designated by the city on the attached form and the form forwarded to NLC's Credentials Committee. NLC's Bylaws expressly prohibit voting by~proxy. Thus, an official of the city, properly designated, must be present at the Annual Business Meeting to cast the city's vote or votes. To enable us to get your credentials in order and to provide your voting delegates with proposed National Municipal Policy amendments and proposed Resolutions prior to the Congress of Cities, we ask that you return the WHITE copy of the completed form to NLC on or before October 14, 1991. A pre-addressed envelope is attached. Upon receipt of these names, NLC will also send each voting and alternate voting delegate a set of instructions on registration and rules governing the conduct of the Annual Business Meeting. To assist your state municipal league in selecting delegates to cast votes on behalf of the state municipal league, please forward the YELLOW copy of the credential form to your state league office and keep the PINK copy for your records. Attachments plat iortre/denErx lbm Bradley, Mayor, Los Angeles, Cakfeorea Fend L. HarAeon, Mayor Scdland Neck. NoM Carding Wllllam H. Hudnut,111, Mayor. Indianapdis, Indiana • filly Reynolds, Courxalwcxnan•et•Large, Dernet Cdorado John P. Roupkls, Mayor. Savannah, Georgia D/vactors: Barbara M. Aslrar, Counalmember m Largo Atlanta. Georgia • Joan 8abr, Mayor Pro Tampere. Wbbodc, Taxes Margaret t:arroll Barrett, Coundl Member, Jackson. Mississippi Kannath G 8usehs, Executive Director, Cdorado Munidpal League • .lamp V. Burysp. Jr., ExecWve Director, Georgia Murtidpal Aseoaadon • DavW Chambers, Executive Director. Leagued Nebraska Murvap~itiea Jwl Copan, Executive Director and General Counsel. Conrx3cticut Came d Munidpelities Larry D. CoN, Mayor,Beauerton, Oregon • John r3 Cumm, City Courwl Presdent. Rochester. New ybrk Bath 8opalls Davls, Alderman. Evarrslon, Ifiinoie Carol P. Day, Counabr, Gorham, Maine • Partner A. DaRatrNs, Mayor, Salt Lake City, Utah June M. Elslarrd, CounWwoman, Bronx, New York • Thomp d Fllalmmons, Executive Oiredor, IOinds Munapal league • Hsathar Flynn, Assembly Member, Arxfiorege. Alaska • John A. liamar, ,k., Executive Director, Pennsylvarna League d CitieB • tiardpt tillNapb, Courxilman, Gary, Indana • Vldd H. l3oldbaum, Courtak+oman, Southfield. Michigan • RINNrd l: Hackett. Mayor. Memphis. Tennessee • Jade Mabnar, Coundlman, SD~ne. Waatungton • Sharpe Jame, Maya Newark. New Jersey • LasrrNroa J. KNIy, Mayor. Daylong epdr. Flontla • PatAcla A. KlSoran, Mayor. Crestwood. Missouri Robert ii Knlpht Mayor, Wichita. Kansas • Jafhsy T. Mrldand, Maya Urbane, Ilfinds RatMd K. MrrNln, Counalmember, Concord, C.akfarke • AdoM OIMa, Meyer Hamilton. Ohio • ChrNs 1 Ppgw, Executive pirector, L0lxsiane Munapal AsWaesOn • Elalrra A. Plah~graf, Corralrnember. Cedar FBrR klwa • Soon A. SorNrM, Courwror. BoeQtb Fauns. New Mmooo • Mrk Sofasgrts, Counpkmen, Oklahoma Ciy, Oklahoma Btrrtar StalMwe4 Town Admnretretor, Lineotn, Rhode Island • WltNam P. SUllworth, Counalman, 8ileou. Mie8is6ipp Np Tilawgl, Mayor. Oxnard. California • RkMrd G Tbwnwnd, Executive pirecror. Leagued Oregon Cities • Avery C. UpdNxeh. Mayor. Rals~+. North Carakna • Thomas J. Volpy, Mayor. Tucson. Ancona • Kathryn J. Whltrnln, Mayor. Houston. Texas • Mary Rep WSOert, Counctilvvorman, Phoenx. Ancona • RIIIpMM R. WlSdrls, Counplmember. Muskegon HeigMS. Michigan Recycled Paper National League of Cities Annual Congress of Cities Number of Votes - Direct Member Cities Article IV, Section 2 of NLC's Bylaws specifies as follows the number of votes which each member city of the National League of Cities is entitled to cast at the Annual Congress of Cities: City Population ( per 1980 census) Number of Votes Under 50,000 50,000 - 99,999 100,000 - 199,999 200,000 - 299,999 300,000 - 399,999 400,000 - 499,999 500,000 - 599,999 600,000 - 699,999 700,000 - 799,999 800,000 - 899,999 900,000 and above 1 vote 2 votes 4 votes 6 votes 8 votes 10 votes 12 votes 14 votes 16 votes 18 votes 20 votes Note: Member cities are required by the Bylaws to cast unanimous votes. *1990 census counts will not be used for dues or voting purposes until 1992. 1991 CON~SS OF CITIES -LAS VEGAS, r~A To: Chairman, Credentials Committee National League of Cities 1301 Pennsylvania Avenue, N.W. Washington, D.C. 20004 FOR OFFICE•USE ONLY ~~~ No. of Votes The official voting delegate and alternates of the City of are as follows: FOR.OFFICS-USE ONLY Adv. _.Cre. '{.`On-Site Cre.., . Record ~•ID #~ 1. FOR OFFICE IISE ONLY , VOTING CARD ISSUED TO ~ •' "' Signature ' - . '._ VOTING DELEGATE TITLE STREET ADDRESS (PLBASB DO NOT IISB P.0. B0% NUI~ERS) CITY ,~•FOR OFFICE IISB .ONLY ~?On-=Si'te' Ce~~ ~: _ 2. STATE FOB OFFICB IISE ONLY, Adv. ; Cre. ~• • - • On-Site Cre. Record ID # ~_ . ALTERNATE VOTING DELEGATES TITLB STREET ADDRESS (DO.. NOZ_IISB_ P.0.._BO% NO..) CITY, STATE, ZIP CODE 3. ZIP CODE TZTLE STREET ADDRESS (DO.NOT..USB. P..0«:BO~•F0~~) CITY, STATE, ZIP CODE SIGNED: TITLE: DATE: NOTB: Each direct member city is entitled to one voting delegate and two alternate voting delegates. The number of votes which can be cast is based on the city's population as determined in the 1980 Census. 1. PLBASB DO NOT FILL IIi SHADHD AREA. THIS IS FOR NLC OFFICE USE ONLY 2. Please type or print.youur city name is the space provided 3. Please type or print the name, title, city, state and zip code of your voting delegate and alternate(s). 4. Please sign the WHITE form and return to Chairman, Credentials Co~i.ttee; send the YELLOW copy to your State League Director; and keep PINK copy for your records. ~ ~ FOR C ITY COI. N • N T~ Agenda Date Requested: ~g~tamnar 9,= X91 Requested By: .i_~_ Department: Fire X Report Resolution Exhibits: Memo From Susan Kelley, Buyer Bid Tabulation Sheet Ordinance SUMMARY & RECOMMENDATION. Sealed Bids were opened on the 26th of August for a 1500 GPM Pumper for the Fire Department, as a replacement vehicle. Eight bids were sent out with two bidders submitting bids and one no bid. The low bid was submitted by KOVATCH MOBILE EQUIPMENT COMPANY in the amount of $175,853.00, and a price of $800.00 extra for a fiberglass tank. The budgeted amount for this unit was $190,000.00. After reviewing the submitted bids and inspecting several trucks built by KME, I recommend that the City award the .bid to KOVATCH MOBILE EQUIPMENT COMPANY in the amount of $176,653.00, which would include the optional fiberglass tank. Action Required by Council: Award the bid as recommended Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing ~_ Other_MOTOR POOL- VEHICLE REPLACEMENT FUNDS Account Number: 009-500-501-860 Funds Available: X YES - NO Approved for City Council Agenda Robert T. Herrera DATE City Manager • Council Meeting of September 9, 1991 Outline for Discussion of Workshop Rem #11 • C~-~2C Discuss Wine and Beer Retailer's (on pnmise) License and Provide Policy Dinrcfion on Issuance. • • Subject: (1) Report on complaints received regarding on premise consumption of alcohol at Lomax Grocery. And (2) discuss policy direction for pending on premises application for grocery store/gas station. (1) The City Secretary's office reviewed their files and contacted the local A.B.C. office and found the following: A.B.C. permit was originally issued on 10/27/82 and expires on 10/27/91. • The current A.B.C. permit is for Wine and Beer Retailer's Permit (on premise). • City files show that Lomax Grocery Store has paid the City's annual license fee since 1987 (Note: records prior to 1987 are kept separately and would require additional time to research.) The City's permit expired on August 1991, however, the applicants renewal of this permit can be accomplished by payment of a license fee to the City. • Preliminary discussions with Knox Askins, City Attorney, indicate that the expiration of the City's permit would not by itself be sufficient cause for the City to refuse and/or alter the permit conditions. In essence, the business may have been an established pre-existing, non-conforming use, in the City of Lomax prior to consolidation. Knox will, however, research this further as well as review the recently passed 2S.B. 3 to see what regulatory authority/powers are available to municipalities. When completed his findings will be passed on to Council. (2) Discuss policy direction for future applications by businesses for Wine and Beer Retailer's (on premise) Permits and Beer Retailer's (on premise) Permit. The City has received a request from Port Auto Truck Stop for Wine and Beer Retailer's (on premise) Permit. The request is marked "original" on the A.B.C. application forms. Therefore, the City should be able to exercise its full range of ordinances relating to licensing of a facility. Currently the City has the following regulations regarding licensing of businesses to manufacture, sell, or distribute alcoholic beverages: Code of Ordinances Chapter 3 Section 3-2 "It shall be unlawful for any dealer whose principal business is the sale of beer or any liquor dealer to sell or deliver beer or intoxicating liquor within the city limits where the place of business of any such dealer is within three hundred (300) feet of any church, school or other educational institution..." Council Meeting of~ptember 9, 1991 Outline for Discussion of Workshop Item #11 Page 2 Code of Ordinances Chapter 3 Section 3-13 "It shall be unlawful for any person to manufacture, brew, distill, sell or distribute any wine, beer, liquor or other alcoholic beverage within the city, or to engage in any other activity for which a license or permit is required by the Texas Liquor Control Act, without first obtaining a license so to do from the ~~ city. The annual fee is equal to 1 /2 the fee charged by the State for the license. (Note: State law allows a municipality to charge up to 1 /2 the fee collected by the State.) ~ 50/ Ordinance -Zoning Ordinance The ~ s zoning ordinance establishes the zoning districts in which the manufacturing, selling, or distribution of alcoholic beverages is permissible. Based on meeting with Knox Askins and Cherie Black it is my understanding that the local regulations listed above apply to all permits issued by the A.B.C.. ****************************************************************************** In addition La Porte further regulates the issuance of permits for on- premises consumption of beer and wine. Ordinance 1000 (and amendments) Ordinance 1000 passed August 1974 established the locations of existing establishments engaged in the sale of beer for consumption on premise. The ordinance by legal description designated the locations where beer for consumption on premises may be sold and prohibited the sale of beer for consumption on premises elsewhere. Amendments to Ordinance 1000 (Ordinance 1000A -BB) have permitted on a case by case basis on premise consumption of beer and wine. The current policy and language used in ordinances amending Ordinance 1000 call for a business to have: "At leasixty-five (65) percent of the gross income shall be derived from the sale of prepared food." Council Meeting o~eptember 9, 1991 • Outline for Discussion of Workshop Item #11 Page 3 • Current policy and practice do not and have not addressed or differentiated other types of businesses (non-restaurants) that apply for on premise consumption. In other words applying the definition of restaurant and the test of 65% of gross receipts is not suitable for other businesses that can apply for an A.B.C. Wine and Beer Retailer's (on premise) Permit, i.e., Grocery, Gas Station, etc. The Port Auto Truck Stop's pending application for a Wine and Beer Retailer's Permit (allows on premises consumption) lists the primary business as Grocery. • Council may wish to establish/reaffirm the policy direction for use in evaluating applications for Wine and Beer Retailer's Permits (on premise consumption). The A.B.C. application used in these cases breaks down the permit categories and primary types of businesses in the following manner. Application For Wine and Beer Retailer's Permit Retail Dealer's Late Hours License Wine and Beer Retailer's Off Premise Beer Retailer's On Premise Ucense Primary Business (1) Restaurant (2) Bar (3) Sexually Oriented (4) Sporting Arena, Civic Center, Hotel Beer Retailer's Off Premise License Wine and Beer Retailer's Permit for Regularly Scheduled Excursion Boat (5) Miscellaneous (6) Grocery (7) Liquor Store (8) Gas Station (9) Bingo (10) Pari-mutuel Wagering r Council Meeting of~eptember 9, 1991 • Outline for Discussion of Workshop Item #11 Page 4 Staff suggests that Council give strong consideration for further regulation or prohibition of licenses which allow on premise consumption for the following types of primary businesses. (2) Bar (3) Sexually riented 6 Grocery (8) Gas Station Council has an established policy direction for item one, Restaurant. Sporting Arena, Civic Center, Hotel, Miscellaneous, Bingo and Pari- mutuel wagering may be suitable for a case by case review by Council After receiving direction from Council, Knox will complete his research on local authority and we will return with an ordinance(s) that tracks the direction received from Council. a r ~~;~ ~~ ~~ ~ ~, ~ ~ ,~~- August 30, 1991 Number 27 SECOND SPECIAL SESSION AD.TOURNS Governor Promises a Long Break After meeting for 177 of the first ?37 days of 1991, the Texas Legislature has folded its tents and broken camp. The Second Called Session of the Seventy-Second Legislature lasted only seven days, long enough for lawmakers to pass twelve bills and one proposed amendment to the Texas Constitution. Governor Richards promised a long hiatus, indicating that she may call the Legislature back to Austin in late 1992 to deal with (as yet undefined) health care legislation. Regardless of what may happen during that special session, if it is held, the 72nd Legislature will long be remembered for the adoption of what amounts to a corporate income tax, its approval of a state lottery, and its initiation of some rather unusual legislative procedures. City-related bills passed during the second special session are si~mmari~ed in separate sections below. Other bills include (1) the reapportionment of the state into new Congressional districts, (2) the reapportionment of the state into new State Board of Education districts, and (3) the approval of several types of state bonding authority. For TMI., the end of one process signals the beginning of another. Plans are now underway for the legislative policy development process which will begin in late 1991 and continue through to the convening ~of the 73rd Texas Legislature in January 1993. Background In 1987, the Texas Legislature added Section I09S7 to the Alcoholic Beverage Code. section provided that: 1. a municipal regulation or ordinance may not impose stricter standards on a business which is required to have an alcoholic beverage license or permit than are imposed on similar premises which are not required to have such a license or permit. Printed on recycled paper. • 2. a city maY not discriminate against a business holding an alcoholic beverage license or permit, and 3. a city may still regulate an establishment which derives 7S percent or more of its revenue from the on-premise sale of alcoholic beverages. Section 10957 had the effect of calling into question the validity. of a number of municipal ordinances. Since 1987, cities have made several attempts to correct the provisions of this act, which became effective on June 11, 1987. During the second special session, the legislature passed 2S.B. 3, a bill which adds corrective language to the Alcoholic Beverage Code. The bill amends Section 10957 to provide that nothing in that section or in Section 1.06 (which implies that only the Alcoholic Beverage Code governs the sale, distribution, and possession of alcoholic beverages) affects the validity of a municipal zoning regulation that was in place on June 11, 1987, or any amendment to such an ordinance if the amendment lessens -- and does not add to -- the restrictions placed on a license or permit holder. OTHER CITY-RELATED BILLS 2H.B. 39 (Gibson) -State Purchasing and General Services Commission: this is the sunset bill for the State Purchasing and General Services Commission. It amends Article 601b, Vernon's Texas Civil Statutes. The name of the commission is changed to the General Services Commission, and the bill requires the commission to seek sunset review again in 1993. The responsibility for enforcing architectural barrier provisions is transferred from the Commission to the Texas Department of Licensing and Regulation. Anew Article 9102, Vernon's Texas Civil Statutes, is created to provide that buildings subject to the Architectural Barriers Act are all buildings which are defined as "public accommodations" under the federal Americans With Disabilities Act. All buildings that are constructed, substantially renovated, modified, or altered after January 1, 1992, will be subject to the Architectural Barriers Act. The bill provides that all plans and specifications for buildings subject to the Act must be reviewed by the Texas Department of Licensing and Regulation. The architect or engineer in charge of a project must submit the plans or specifiranons to the department. If there is no architect or engineer, the building owner must submit the plans unless the project costs less than X50,000. The department has 30 days to approve or disapprove of the plans. If the department fails to act within 30 days, the plans are automatically approved. The Department of Licensing and Regulation is required to inspect any building subject to the Architectural Barriers Act within one year of the building's completion, renovation, modification, or alteration. The department may set fees to pay for the expense of conducting inspections and reviewing plans and specifications. Finally, the bill amends section 497.027 of the Government Code to provide that a state agency or political subdivision is not required to seek competitive bids when it purchases goods from the institutional division of the Texas Department of Criminal Justice. 2H.B. 62 (Counts) -Regulation of Insurance: provides for a gradual replacement of the Workers' Compensation Insurance Facility with abond-financed state fund to be called the Texas Workers' Compensation Insurance Fund. The state fund will be administered by a '2 ,• , ' ~ • CITY OF LA PORTE INTER-OFFICE MEMORANDUM AUGUST 26, 1991 T0: Joe Sease, Fire Chief ~j FROM: Susan Kelley, Buyer ~'"-' SUBJECT: Sealed Bid #0442 - Fire Truck Advertised, sealed bids #0442 for a fire truck were opened and read on August 26, 1991. Bid requests were mailed to eight (8) suppliers with two (2) returning bids and one (1) no bid. Low bid of $175,853.00 was submitted by Kovatch Mobil Equipment. Kovatch also bid an optional fiberglass tank far $800.00 extra. The total bid with the optional tank would be $176,653.00. A copy of the bids are attached 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 bid before council, please notify me. Attachment: Bid Tabulation Bid Proposals xc: Champ Dunham, w/ attachmer_t . ~ • BIU TABULATION FIRE TRUCK KOVATCH SUTP?iEN MOBIL CORPORATION EQUIPMENT INC. NEEL• ASSOC. INC. 1. FIRE TRUGK_ $175,853.00 $184,405.00 2. OPTION 800.00 0.00 NO BID NO BID TOTAL BID $175,653.00 $184,405.00 0.00