HomeMy WebLinkAbout1992-04-27 Regular Meeting
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MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL
APRIL 27, 1992
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 Thrower, Bob
McLaughlin, Alton Porter (arrived 6:05), B. Don Skelton, Jerry
Clarke (arrived 6:03)
Members of city Council Absent: Councilperson Deotis Gay
Members of city Staff Present: City Manager Bob Herrera, City
Attorney Knox Askins, City Secretary Cherie Black, Assistant
city Manager John Joerns, Finance Director Jeff Litchfield,
Planning Director Chuck Harrington, Director of Parks and
Recreation Stan Sherwood, Police Chief Bobby Powell, Human
Resources/Purchasing Manager Louis Rigby, Chief Building
Inspector Ervin Griffith, Fire Marshal Paul Hickenbottom,
Recreation Supervisor David Hyde
Others Present: Dexter Joyner, delinquent tax attorney; John
McGinnis, Southwestern Bell; Ophelia Hernandez, San Jacinto
College; John Black, Bayshore Sun; three citizens
2. The invocation was given by City Attorney Knox Askins.
3. Council considered approving the minutes of the regular
meeting held April 13, 1992.
Motion was made bv Councilnerson Cooner to annrove the April
13 minutes as presented. Second by Councilperson Thrower.
The motion carried, 6 ayes and 0 nays (Councilpersons Porter
and Clarke had not yet arrived; Councilperson Gay was absent).
Ayes:
Councilpersons Sutherland, Cooper,
McLaughlin, Skelton and Mayor Malone
None
Thrower,
Nays:
4. A proclamation for Mathematics Awareness Week was delayed
until the recipients arrived, and was presented after item 6
to representatives from San Jacinto College.
5. There were no citizens wishing to address Council.
6. Council considered an ordinance on first reading, for proposed
franchise agreement between the City of La Porte and
Southwestern Bell Telephone Company.
The City Attorney read: ORDINANCE 1834 - AN ORDINANCE WHEREBY
THE CITY OF LA PORTE, TEXAS, AND SOUTHWESTERN BELL TELEPHONE
COMPANY AGREE THAT, FOR THE PURPOSE OF OPERATING ITS
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Minutes, Regular Meeting, La Porte City Council
April 27, 1992, Page 2
TELECOMMUNICATIONS BUSINESS, THE TELEPHONE COMPANY SHALL
MAINTAIN AND CONSTRUCT ITS POLES, WIRES, ANCHORS, FIBER,
CABLES, MANHOLES, CONDUITS AND OTHER PHYSICAL PLANT AND
APPURTENANCES IN, ALONG, ACROSS, ON, OVER, THROUGH, ABOVE AND
UNDER ALL PUBLIC STREETS, AVENUES, HIGHWAYS, ALLEYS,
SIDEWALKS, BRIDGES OR PUBLIC WAYS IN SAID CITY; PRESCRIBING
THE ANNUAL COMPENSATION DUE THE CITY UNDER THIS ORDINANCE;
PRESCRIBING THE CONDITIONS GOVERNING THE USE OF PUBLIC RIGHTS-
OF-WAY AND THE PERFORMANCE OF CERTAIN CONSTRUCTION WORK ON
PUBLIC RIGHTS-OF-WAY FOR THE TELEPHONE COMPANY'S
TELECOMMUNICATIONS BUSINESS; PROVIDING AN INDEMNITY CLAUSE;
SPECIFYING GOVERNING LAWS; PROVIDING FOR A RELEASE OF ALL
CLAIMS UNDER PRIOR ORDINANCES; PROVIDING FOR FUTURE
CONTINGENCIES; PROVIDING FOR PUBLIC NOTICE OF THIS ORDINANCE;
PROVIDING FOR WRITTEN ACCEPTANCE OF THIS ORDINANCE BY THE
TELEPHONE COMPANY; AND PROVIDING FOR A TERM AND AN EFFECTIVE
DATE.
Motion was made bv Counciloerson Coooer to ado9t the first
readinq of Ordinance 1834 as read bv the city Attornev.
Second by Councilperson Clarke.
Motion was made bv Councilperson Porter to amend the motion bv
deletinq the first paraqra9h of Section 13 reqarding fixed
rates and replace it with an alternative first paragra9h
calling for charges for the second and subsequent years of the
ordinance be no less than the amount for the first year and
that adjustment for qrowth factor be made on the effective
anniversary date of the ordinance. Second by Councilperson
Skelton. The motion failed with a tie vote of 4 ayes and 4
nays.
Ayes:
Councilpersons McLaughlin, Porter, Skelton and
Mayor Malone
Councilpersons Sutherland, Cooper, Thrower and
Clarke
Nays:
The original motion was voted, and carried, 6 ayes and 2 nays.
Ayes:
Councilpersons Sutherland, Cooper,
McLaughlin, Clarke and Mayor Malone
Councilpersons Porter and Skelton
Thrower,
Nays:
7. Council considered an ordinance approving and authorizing
employment agreement between the City of La Porte and the City
Manager of the City of La Porte.
The City Attorney read: ORDINANCE 1835 - AN ORDINANCE
APPROVING AND AUTHORIZING AN EMPLOYMENT AGREEMENT BETWEEN THE
CITY OF LA PORTE AND THE CITY MANAGER OF THE CITY OF LA PORTE;
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Minutes, Regular Meeting, La Porte City Council
April 27, 1992, Page 3
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Thrower to ado9t Ordinance
1835 as read by the city Attornev. Second by Councilperson
Cooper. The motion carried, 8 ayes and 0 nays.
Ayes:
Councilpersons sutherland,
McLaughlin, Porter, Skelton,
Malone
None
Cooper, Thrower,
Clarke and Mayor
Nays:
8. Council considered an ordinance approving and authorizing a
contract between the City of La Porte and Soules & Wallace,
Attorneys-at-law and approve appropriation of funds.
The City Attorney read: ORDINANCE 1836 - AN ORDINANCE
APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA
PORTE AND SOULES & WALLACE, ATTORNEYS-AT-LAW; MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion was made bv Councilperson Clarke to ado9t Ordinance
1836 as read by the city Attornev. and to authorize
aporooriatina half the funds ($25.000) for this puroose from
the General Fund continaencv account. Second by councilperson
Thrower. The motion carried, 8 ayes and 0 nays.
Ayes:
Councilpersons Sutherland,
McLaughlin, Porter, Skelton,
Malone
None
Cooper, Thrower,
Clarke and Mayor
Nays:
9. Council considered an ordinance amending Chapter 13, Article
II, Section 13-27, Section 13-28, Section 13-29, and Section
13-30 of the Code of Ordinances of the city of La Porte by
providing a fee schedule; method of billing; providing minimum
charge. (This is the "weed ordinance".)
The city Attorney read: ORDINANCE 1837 - AN ORDINANCE
AMENDING CHAPTER 13, ARTICLE II, SECTION 13-27, SECTION 13-28,
SECTION 13-29, AND SECTION 13-30 OF THE CODE OF ORDINANCES OF
THE CITY OF LA PORTE, TEXAS, BY PROVIDING A FEE SCHEDULE;
PROVIDING A METHOD OF BILLING; PROVIDING A MINIMUM CHARGE;
PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS
ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL
UPON CONVICTION BE FINED NOT TO EXCEED TWO THOUSAND DOLLARS
($2,000.00), AND EACH DAY OF VIOLATION SHALL BE DEEMED A
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Minutes, Regular Meeting" La Porte City Council
April 27, 1992, Page 4
SEPARATE OFFENSE; CONTAINING A SEVERABILITY CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Thrower to adoot Ordinance
1837 as read bv the citv Attorney. Second by Councilperson
McLaughlin. The motion carried, 8 ayes and 0 nays.
Ayes:
Councilpersons Sutherland,
McLaughlin, Porter, Skelton,
Malone
None
Cooper, Thrower,
Clarke and Mayor
Nays:
10. Council received a status report on delinquent tax collection
presented by Finance Director Jeff Litchfield. He stated that
he found two items that accounted for a jump of 21.5% in
outstanding delinquent taxes: (1) there were still accounts
on the official roll that should not have been there, and (2)
several properties were added to the roll for property that
had been omitted in prior years. Difficulty in dealing with
the Harris County Appraisal District adds to the problem. The
collection rate of current taxes is excellent at this time.
Dexter Joyner, delinquent tax collector for the city of La
Porte, addressed Council and agreed with Mr. Litchfield's
assessment of the situation.
11. Council received a status report from the City Manager
regarding the smoking ordinance.
City Secretary Cherie Black, Fire Marshal Paul Hickenbottom
and Chief Building Inspector Ervin Griffith spoke on this
matter and outlined plans to enhance the methods of enforcing
this ordinance.
12. Council considered awarding a bid for fitness center
equipment.
Motion was made bv Counciloerson Skelton to award the bid for
fitness center eauioment to Haden Industries in the amount of
$30.039.24. Second by Councilperson Cooper. The motion
carried, 8 ayes and 0 nays.
Nays:
Councilpersons Sutherland,
McLaughlin, Porter, Skelton,
Malone
None
Cooper, Thrower,
Clarke and Mayor
Ayes:
13. There were no administrative reports.
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Minutes, Regular Meeting, La Porte City Council
April 27, 1992, Page 5
14. Council Action: Councilpersons Sutherland, Cooper, Thrower,
McLaughlin, Clarke and Mayor Malone brought items to Council's
attention. Mayor Malone also announced that the meeting on
May 4 would begin at 5:30 P.M.
15. There was no executive session.
16. There being no further business to be brought before the
Council, the meeting was duly adjourned at 8:06 P.M.
Respectfully submitted:
~ftd
Cherie Black, city Secretary
Passed & Approved this the
18th day of May, 1992
J!~r'~P~P'n(
~:=an L. Malone, Mayor
. Office of the l\\ayor
G\1 ~{J ()
~.~~.&o
.~ .t > l'<?
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ion
ntI~rrr~.a: Mathematical literacy is essential for citizens to
~ function effectively in society; and
WHEREAS, Mathematics is used every day - both in the home and in the
workplace; and
WHEREAS, The language and processes of mathematics are basic to all other
disciplines; and
WHEREAS, Our expanding technologically based society demands increased
awareness and competence in mathematics; and
WHEREAS, The merging of mathematics, students, and heightened public
interest is one promising course for addressing pressing environmental questions; and
WHEREAS, The rising interest in environmental problems is also sparking a
rising interest in Mathematical Ecology, and Mathematics and the Environment is the theme for
the 1992 Mathematics Awareness week
NO~ THEREFORE, I, NORMAN L. MALONE, MAYOR of the City
of La Porte, do hereby proclaim the week of April 26-May 2, 1992, as
MATHEMATICSAWARENESS~EK
to be observed in the City of La Porte in recognizing the increased importance of mathematics
in our lives.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Seal of the City to be affixed hereto, this the 23rd day of April, 1992.
CITY OF LA PORTE
Norman L. Malone, Mayor
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ASKINS &ARMSTRONG, P. C.
ATTORNEYS AT LAW
KNOX W. ASKINS
JOHN D. ARMSTRONG
702 W. FAIRMONT PARKWAY
P. O. BOX 1218
LA PORTE, TEXAS 77572-1218
TELEPHONE 713 471-1886
TELECOPIER 713 471-2047
April 21, 1992
Hon. Mayor & City Council
City of La Porte
City Hall
La Porte, Texas
Re: Southwestern Bell Telephone Franchise
Gentlemen:
I enclose herewith for consideration on first reading by the City
Council at its meeting of April 27, 1992, proposed franchise
agreement between the City of La Porte and Southwestern Bell
Telephone Company. Under the provisions of Article VII, Franchises
and Public utilities, of the Home Rule Charter of the City of La
Porte, a utility franchise must be passed on two readings, the
second reading occurring thirty (30) days or more after the first
reading. If passed on first reading on April 27, 1992, the
ordinance could be considered on second reading at the regular City
Council meeting on June 8, 1992. The ordinance is effective sixty
(60) days after its final passage.
At the request of Councilperson Alton Porter, I have prepared an
alternative first paragraph to Section 13 - Compensation to the
City, subparagraph (a), of the ordinance, which is also attached
hereto. It is my understanding that Councilperson Porter will offer
this alternative paragraph as an amendment to the ordinance.
Finally, I enclose form of legal notice to be published by the City
Secretary once per week for four consecutive weeks in the Bayshore
Sun, as required by the Home Rule Charter.
Yours very truly,
fi:;Jw!
Knox W. Askins
City Attorney
City of La Porte
KWA: sw
Enclosures
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ORDINANCE NO.
AN ORDINANCE WHEREBY THE CITY OF LA PORTE, TEXAS,
AND SOUTHWESTERN BELL TELEPHONE COMPANY AGREE
THAT, FOR THE PURPOSE OF OPERATING ITS
TELECOMMtiNlCATIONS BUSINESS, THE TELEPHONE COMPANY
SHALL MAINTAIN AND CONSTRUCT ITS POLES, WIRES,
ANCHORS, FIBER, CABLES, MANHOLES, CONDUITS AND
OTHER PHYSICAL PLANT AND APPURTENANCES IN, ALONG,
ACROSS, ON, OVER, THROUGH, ABOVE AND UNDER ALL
PUBLIC STREETS, AVENUES, HIGHWAYS, ALLEYS,
SIDEWALKS, BRIDGES OR PUBLIC WAYS IN SAID CITY:
PRESCRIBING THE ANNUAL COMPENSATION DUE THE CITY
UNDER THIS ORDINANCE: PRESCRIBING THE CONDITIONS
GOVERNING THE USE OF PUBLIC RIGHTS-OF-WAY AND THE
PERFORMANCE OF CERTAIN CONSTRUCTION WORK ON PUBLIC
RIGHTS-OF-WAY FOR THE TELEPHONE COMPANY'S
TELECOMMUNICATIONS BUSINESS: PROVIDING AN
INDEMNITY CLAUSE: SPECIFYING GOVERNING LAWS:
PROVIDING~FOR A RELEASE OF ALL CLAIMS UNDER PRIOR
ORDINANCES: PROVIDING FOR FUTURE CONTINGENCIES:
PROVIDING FOR PUBLIC NOTICE OF THIS ORDINANCE:
PROVIDING FOR WRITTEN ACCEPTANCE OF THIS ORDINANCE
BY THE TELEPHONE COMPANY: AND PROVIDING FOR A TERM
AND AN EFFECTIVE DATE.
WHEREAS, Southwestern Bell Telephone Company, a private
corporation, (hereinafter "TELEPHONE COMPANY") has been engaged in
providing telecommunications services in the City of La Porte for
over 40 years, and is now so engaged; and
WHEREAS, the TELEPHONE COMPANY has operated said business under
successive ordinances of the City of La Porte, the last of which
being Ordinance No. 419-A, adopted April 4, 1952; and
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WHEREAS, it is appropriate that the City of La Porte, acting by
and through its governing body, consent to a continuation of
privileges similar to those heretofore granted in Ordinance No. 419-
A, but under terms ~nd conditions which take into account changes in
technology, the telecommunications industry, and state and federal
law; and
WHEREAS, it is recognized by the parties that changes in the
telecommunications industry, changes in technology, changes in state
and federal law, and changes in the accounting practices mandated by
the Uniform System of Accounts promulgated by the Federal
Communications
.
Commission
("FCC"),
along
with
regulatory
requirements of the Texas Public Utility Commission ("PUC"), have
caused the traditional method of determining the amount of
compensation
to
municipalities
to
become
administratively
impractical and obsolete for telecommunications utilities. In order
to resolve these issues in a manner satisfactory to both the CITY
and the TELEPHONE COMPANY, the CITY and the TELEPHONE COMPANY have
chosen the method of determining the amount of compensation provided
for in this Ordinance to eliminate the expense and time related to
audits, to achieve administrative simplicity, to provide the CITY
with predictable revenues and an opportunity for growth and to avoid
the expense and delays of litigation which could be necessary to
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resolve any issues in controversy between the parties; and
WHEREAS, this Ordinance is adopted by the City Council of the
City of La Porte, pursuant to the provisions of Article 1175,
Section 2, V.A.C.S., Article 1446c, Section 21, V.A.C.S., and
Chapter 1, Article II, Section 18 of the Charter of the City of La
Porte; and
WHEREAS, it is to the mutual advantage of both the CITY and the
TELEPHONE COMPANY that an agreement should be entered into between
the TELEPHONE COMPANY and the CITY establishing the conditions under
which the TELEPHONE COMPANY shall maintain and construct its
physical plant in the CITY in the future;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF LA PORTE, TEXAS, THAT:
SECTION 1 - PURPOSE
Pursuant to the laws of the State of Texas, the CITY Charter and
this Ordinance, the TELEPHONE COMPANY has the NON-EXCLUSIVE right
and privilege to USE the public RIGHTS-OF-WAY in the CITY for the
operation of a telecommunications system subj ect to the restrictions
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set forth herein. The TELEPHONE COMPANY may USE such RIGHTS-OF-WAY
for its telecommunications FACILITIES. The TELEPHONE COMPANY I S
FACILITIES and TRANSMISSION MEDIA used in or incident to the
provision of telecqmmunications service and to the maintenance of a
telecommunications business by the TELEPHONE COMPANY in the CITY
shall remain as now constructed, subject to such changes as under
the conditions prescribed in this Ordinance may be considered
necessary to the public health and safety by the CITY in the
exercise of its lawful police powers and such changes and extensions
as may be considered necessary by the TELEPHONE COMPANY in the
pursuit of its telecommunications business. The terms of this
Ordinance shall apply throughout the CITY, and to all operations of
the TELEPHONE COMPANY within the CITY, and shall include all
operations and FACILITIES used in whole or in part in the provision
of telecommunications services in newly annexed areas upon the
effective date of any annexation.
SECTION 2 - ADDITIONAL AUTHORITY REQUIRED
TELEPHONE COMPANY is not authorized to provide cable television
service as a cable operator in the City of La Porte under this
Ordinance, but must first obtain a franchise from the CITY for that
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purpose, under such terms and conditions as may lawfully be provided
by the City Council. This Section does not preclude the TELEPHONE
COMPANY from providing its tariffed services to cable television
companies. Howeve~, nothing herein shall authorize the TELEPHONE
COMPANY to license or lease to any cable television operator not
franchised by the CITY the right to use or utilize the TRANSMISSION
MEDIA or FACILITIES of the TELEPHONE COMPANY unless Federal or State
law allows such cable television operator to conduct its business
without first obtaining a franchise from the CITY.
.
SECTION 3 - DEFINITIONS
Whenever used in this Ordinance, the following words and terms shall
have the definitions and meanings provided in this Section:
(a) FACILITIES: all TELEPHONE COMPANY duct spaces, manholes, poles,
condui ts, underground and overhead passageways, and other
equipment, structures and appurtenances and all associated
TRANSMISSION MEDIA.
(b) USE: any TELEPHONE COMPANY
acquisition,
construction,
reconstruction, maintenance or operation of any FACILITIES in,
over, under, along, through or across the public RIGHTS-OF-WAY
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for any TELEPHONE COMPANY purposes.
(c) CITY: The City of La Porte, Texas.
(d) RIGHTS-OF-WAY: all present and future streets, avenues,
highways, alleys, bridges and public property within the city
limits of the CITY.
(e) DIRECTION OF THE CITY OR CITY GOVERNANCE: all ordinances, laws,
rules, regulations, and charter provisions of the CITY now in
force or that may hereafter be passed and adopted which are not
inconsistent with this Ordinance.
(f) TRANSMISSION MEDIA: all TELEPHONE COMPANY cables, fibers, wires
or other physical devices used to transmit and/or receive
communication 'signals, whether analog, digital or of other
characteristics, and whether for voice, data or other purposes.
(g) NON-EXCLUSIVE: no rights agreed to in this Ordinance by the
CITY shall be exclusive, and the CITY reserves the right to
grant franchises, licenses, easements or permissions to use the
public RIGHTS-OF-WAY within the CITY to any person or entity as
the CITY, in its sole discretion, may determine to be in the
public interest.
(h) TELEPHONE COMPANY: Southwestern Bell Telephone Company.
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SECTION 4 - TERM
This Ordinance shall continue for a period of five (5) years from
the effective date.
SECTION 5 - GENERAL CONDITIONS OF USE
(a) Any work done in connection with the TELEPHONE COMPANY'S USE of
the RIGHTS-OF-WAY shall be subject to the police power and CITY
governance. The TELEPHONE COMPANY may be required to place certain
,
.
FACILITIES underground according to reasonable requirements that may
be adopted from time to time by the La Porte City Council; provided,
however, TELEPHONE COMPANY shall be given due notice and shall be
entitled to a hearing before the La Porte City Council prior to the
adoption of any such requirements.
(b) All USE of the RIGHTS-OF-WAY shall interfere as little as
reasonably practicable with the use of the RIGHTS-OF-WAY by others.
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(c) The TELEPHONE COMPANY shall permit the City of La Porte to use
without charge, solely for its own non-commercial telecommunications
purposes, the following described FACILITIES:
One duct in all of TELEPHONE COMPANY'S existing ducted
FACILITIES within the city limits, with sufficient space for
necessary joints. Also, TELEPHONE COMPANY shall provide
adequate space on all nonducted FACILITIES now existing or
hereafter constructed on or within the RIGHTS-OF-WAY for the
CITY to attach TRANSMISSION MEDIA for the CITY'S own
non-commercial use. Where insufficient FACILITIES exist to
accommodate the CITY, other existing FACILITIES may be
substituted therefore with the concurrence of the CITY.
(d) If the TELEPHONE COMPANY shall hereafter extend its existing
underground conduits, it shall provide one duct in each additional
condui t for the CITY'S own purposes, as provided above. The
TELEPHONE COMPANY shall cooperate with the CITY by providing
continuous and complete information regarding the location of all
conduit, along with such maps, plats, construction documents and
drawings as are requested for public safety purposes. The CITY
shall not use any FACILITIES which are provided for CITY'S use by
the TELEPHONE COMPANY for power transmission purposes, nor otherwise
use any such circuits so as to unreasonably interfere with
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telecommunications or FACILITIES; provided, that TELEPHONE COMPANY
.
shall not use high potential wires for power transmission in its
FACILITIES, nor otherwise use the same so as to unreasonably
interfere with the operation of the CITY'S communications or
facilities.
TELEPHONE COMPANY and CITY shall cooperate and
coordinate their efforts to make the most efficient and economical
use of FACILITIES.
To this end, the parties will make periodic
assessments of their needs, including but not limited to use of
FACILITIES and exchange of same to meet requirements.
The CITY
shall keep TELEPHONE COMPANY aware of its needs and shall notify
TELEPHONE COMPANY in writing when it utilizes TELEPHONE COMPANY
FACILITIES.
(e) CITY shall not sell, lease or otherwise make available its
rights to use TELEPHONE COMPANY'S FACILITIES to any third party for
commercial purposes.
Such rights are provided solely for the
non-commercial exclusive use by the CITY. However, this restriction
shall not prevent the CITY from using the services of a third party
commercial entity to manage or operate the CITY'S facilities on
behalf of the CITY so long as no resale or other commercial use of
such facilities shall occur.
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(f) The TELEPHONE COMPANY is not authorized to license or lease to
any person or entity the right to occupy or use the CITY'S
RIGHTS-OF-WAY for the conduct of any private business. The
TELEPHONE COMPANY ~ay be required to attach its TRANSMISSION MEDIA
to facilities owned and maintained by any person or entity
franchised by the CITY or to permit the transmission media of any
person or entity franchised by the CITY to be attached to the
FACILITIES owned and maintained by the TELEPHONE COMPANY upon
reasonable, non-discriminatory terms.
The TELEPHONE COMPANY may
require any such person or entity to furnish evidence of adequate
insurance covering the TELEPHONE COMPANY and adequate bonds covering
the performance of the person or entity attaching to the TELEPHONE
COMPANY'S FACILITIES as a condition precedent to granting permission
to any such person or entity to attach transmission media to
TELEPHONE COMPANY'S facilities; provided TELEPHONE COMPANY'S
requirements for such insurance and bonds shall be reasonable, as
.
determined by the CITY. In the event the TELEPHONE COMPANY desires
to maintain existing attachments or add new attachments of its
TRANSMISSION MEDIA to facilities owned by the City of LaPorte it
may do so upon reasonable non-discriminatory terms agreed to between
CITY and TELEPHONE COMPANY.
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(g) Any such TRANSMISSION MEDIA shall be so located on the
FACILITIES as to be safe and not to interfere unnecessarily with the
use of the RIGHTS-OF-WAY by others, including persons or entities
authorized to use the FACILITIES. The TELEPHONE COMPANY shall not
be required to attach its TRANSMISSION MEDIA to the facilities of
any other person or entity or to permit the transmission media of
any other person or entity to be attached to TELEPHONE COMPANY'S
FACILITIES if it can be shown satisfactorily to the CITY that the
TELEPHONE COMPANY will be subjected to increased risks of
interruption of service or to increased liability for accidents, or
if the facilities of such other person or entity are not of the
character, design, and construction required by, or are not being
maintained in accordance with industry standards or practice.
Provided, however, nothing herein shall modify or abrogate the power
of the CITY to require the use of FACILITIES as herein above
provided.
(h) Upon not less than 48 hours advance notice, the TELEPHONE
COMPANY shall promptly move or remove its aerial FACILITIES
temporarily to permit the moving of houses or other bulky structures
when necessary.
The expenses of such temporary relocation or
removal shall be paid by the party or parties requesting and
benefiting from such temporary relocation or removal, and the
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. .,. .
-.~~J,.~;~.. ",
TELEPHONE COMPANY may require such payment in advance.
SECTION 6 - SUPERVISION BY CITY OF LOCATION OF POLES AND CONDUITS
All poles placed shall be of sound material and reasonably straight,
and shall be set so that they will not interfere with the flow of
water in any gutter or drain, and so that the same will not unduly
interfere with ordinary travel on the streets or sidewalks. The
location and route of all poles, stubs, guys, anchors, conduits,
fiber and cables placed and constructed by the TELEPHONE COMPANY in
.
the construction and maintenance of its telecommunications system in
the CITY shall be subject to the lawful, reasonable and proper
control and DIRECTION OF THE CITY.
SECTION 7 - CONSTRUCTION, MAINTENANCE AND EXCAVATION
(a) The City shall have the power at any time to order and require
the TELEPHONE COMPANY to remove any of its FACILITIES that are
dangerous to life or property, and in case the TELEPHONE COMPANY,
after reasonable notice to the Division Manager over outside plant
engineering and construction, fails or refuses to act, then the
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CITY, at the direction of the City Manager shall have the power to
remove or abate the same at the expense of the TELEPHONE COMPANY,
all without compensation or liability for damages to the TELEPHONE
COMPANY.
TELEPHON,E COMPANY shall promptly restore to as good
condition as before and to the reasonable satisfaction of the City
Engineer, all RIGHTS-OF-WAY damaged or excavated by the TELEPHONE
COMPANY. Should the CITY reasonably determine, wi thin one year from
the date of such restoration, that such surface requires additional
restoration work to place it in as good a condition as before the
commencement of the work, the TELEPHONE COMPANY shall perform such
additional restoration work to the reasonable satisfaction of the
.
CITY. Engineering plans for projects involving significant amounts
of new buried cable and underground conduit systems to be placed in
RIGHTS-OF-WAY shall be submitted to the City Engineer for review and
approval prior to construction.
(b) Except in an emergency, the TELEPHONE COMPANY shall not
excavate any RIGHT-OF-WAY without first notifying the City Engineer,
and, if approval is required it shall be given if the proposed
excavation is in compliance with the requirements of CITY
governance. The City Engineer or his designee shall be notified as
soon as practicable regarding work performed under emergency
conditions, and the TELEPHONE COMPANY shall comply with any
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reasonable requirements of the City Engineer for the restoration of
the RIGHTS-OF-WAY within the CITY.
SECTION 8 - WORK BY OTHERS, CONSTRUCTION BY ABUTTING OWNERS,
ALTERATION TO CONFORM WITH PUBLIC IMPROVEMENT
(a) The CITY reserves the right to lay, and permit to be laid,
sewer, gas, water, and other pipe lines or cables and conduits,
including telecommunications and cable television lines, and to do
and permit to be done any underground and overhead work that may be
deemed necessary or proper by the CITY, in, across, along, over, or
under any RIGHT-OF-WAY or public place occupied by the TELEPHONE
COMPANY, and to change any curb or sidewalk or the grade of any
street. In performing or permitting such work to be done, the CITY
shall not be liable to the TELEPHONE COMPANY for any damages related
to such work, nor shall the CITY be liable to the TELEPHONE COMPANY
for any damages not proximately caused by the CITY'S, including the
Water Department's sole negligence, provided, however, nothing
herein shall relieve any other person or corporation from liability
for damage to FACILITIES of the TELEPHONE COMPANY.
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(b) In the event that the CITY authorizes abutting landowners to
.
occupy space under the surface of any street, alley, highway, or
public place, such grant to an abutting landowner shall be subject
to the rights of the TELEPHONE COMPANY described herein.
In the
event that the CITY plans to close or abandon any RIGHT-OF-WAY which
contains any existing TELEPHONE COMPANY FACILITIES, CITY shall, if
requested by TELEPHONE COMPANY, (1) reserve a continuing right for
the TELEPHONE COMPANY'S FACILITIES, and (2) give notice of the date
the La Porte City Council is to consider the closure or abandonment.
(c) Whenever it shall be necessary to require TELEPHONE COMPANY to
alter, change, adapt, or conform its FACILITIES within the
RIGHT-OF-WAY, such alterations or changes shall be made promptly,
with consideration given to the magnitude of such alterations or
changes, without claim for reimbursement or damages against the
CITY.
If such requirements impose a financial hardship upon the
TELEPHONE COMPANY, the TELEPHONE COMPANY shall have the right to
present alternative proposals to the CITY, and the CITY shall give
due consideration to any such alternative proposals.
It is
understood and further provided, however, that the CITY shall not
require TELEPHONE COMPANY to remove its FACILITIES entirely from
such RIGHT-OF-WAY. If the CITY requires the TELEPHONE COMPANY to
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adapt or conform its FACILITIES to enable any other entity or
person, except the CITY, to use, or to use with greater convenience,
RIGHTS-OF-WAY or public property, TELEPHONE COMPAUY shall not be
required to make a~y such changes until such other entity or person
shall reimburse or make arrangements satisfactory to TELEPHONE
COMPANY to reimburse the TELEPHONE COMPANY for any loss and expense
caused by or arising out of such change; provided, however, that the
CITY shall never be liable for such reimbursement.
(d) For public improvement projects where, after notification that
facility relocation is required, the TELEPHONE COMPANY has not,
.
prior to the beginning of construction by the CITY, relocated its
affected FACILITIES within the RIGHTS-OF-WAY after being afforded a
reasonable length of time to do so as determined by the City
Engineer, giving consideration to the scope of the facility
relocation, and when such delays are not caused by actions of the
CITY, the following procedure will be followed.
The CITY shall
provide the TELEPHONE COMPANY with reasonable notice of failure to
act and request relocation. If the TELEPHONE COMPANY continues to
delay, the City Engineer and the TELEPHONE COMPANY'S Division
Manager over outside plant engineering and construction will jointly
review the relocation request in an expeditious manner to establish
a mutually acceptable completion date for the relocation. If the
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TELEPHONE COMPANY continues to delay or does not meet the revised
completion date, the City Engineer shall provide not less than
five (5) days written notice to the TELEPHONE COMPANY'S Division
Manager over outside plant engineering and construction advising the
TELEPHONE COMPANY of the CITY'S intent to effect the relocation of
the affected FACILITIES. If after expiration of the written notice
required by the preceding sentence, the TELEPHONE COMPANY continues
to delay, the CITY shall have the right to effect relocation of the
affected FACILITIES and the TELEPHONE COMPANY shall reimburse the
CITY for all costs of such relocation. The CITY shall not be liable
to the TELEPHONE COMPANY for any damage to such FACILITIES unless
.
proximately caused by the CITY'S gross negligence, and shall not be
liable in any event for any consequential damages relating to
service interruptions.
Such relocation by the CITY will be
performed only when the City Engineer determines that it is
necessary to prevent disruption of a CITY project. Such relocation
will be accomplished by means of temporary construction and in a
manner which will not unreasonably disrupt telecommunications
services. The CITY shall make every effort to coordinate with the
TELEPHONE COMPANY prior to such necessary relocations and will not
attempt to relocate such FACILITIES until the CITY has exhausted the
foregoing procedures.
The TELEPHONE COMPANY shall ultimately be
responsible for the final permanent relocation of the TELEPHONE
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COMPANY'S FACILITIES.
SECTION 9 - TREE TRIMMING
The right, license, privilege and permission is hereby granted to
the TELEPHONE COMPANY, its contractors and agents, to trim trees
upon and overhanging the streets, avenues, highways, alleys,
sidewalks and public places of the CITY so as to prevent the
branches of such trees from coming in contact with the aerial wires,
fiber or cables of the TELEPHONE COMPANY.
SECTION 10 - INDEMNITY
The ~ELEPHONE COMPANY shall indemnify and hold the CITY harmless
from all costs, expenses (including attorney's fees) and damages to
persons or property arising directly or indirectly out of the
construction, maintenance or operation of the TELEPHONE COMPANY'S
FACILITIES located within the public RIGHTS-OF-WAY found to be
caused solely by the negligence of the TELEPHONE COMPANY or its
agents and employees. This provision is not intended to create a
cause of action or liability for the benefit of third parties but is
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solely for the benefit of the TELEPHONE COMPANY and the CITY nor is
this provision intended to abrogate the common law or statutory
rights of either the CITY or the TELEPHONE COMPANY to indemnity or
contribution from the other.
SECTION 11 - ADMINISTRATION OF ORDINANCE
(a) The CITY may, at any time, make inquiries pertaining to this
Ordinance and the TELEPHONE COMPANY shall respond to such inquiries
on a timely basis.
(b) Copies of petitions, applications, communications and reports
submitted by the TELEPHONE COMPANY to the Federal Communications
Commission or the Public utility Commission of Texas shall be
provided to the CITY upon request.
.
(c) The CITY may establish, after reasonable notice, such rules and
regulations as may be appropriate for the administration of this
Ordinance and the construction of the TELEPHONE COMPANY'S FACILITIES
on CITY property to the extent permitted by law.
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SECTION 12 - ORDINANCE VIOLATIONS
The City Council shall have the option to declare this Ordinance
terminated at any. time for failure of the TELEPHONE COMPANY to
comply with any term, condition or provision of this Ordinance, in
accordance with the following procedures:
(a) If the TELEPHONE COMPANY continues to violate or fails to
comply with the terms and provisions of this Ordinance for a period
of thirty (30) days after the TELEPHONE COMPANY shall have been
notified in writing by the CITY to cure such specific alleged
.
violation or failure to comply, then the CITY may pursue the
procedures set forth below to declare that the TELEPHONE COMPANY has
terminated all rights and privileges consented to in this Ordinance;
provided, however, that if the TELEPHONE COMPANY is alleged to be in
violation of any provision of this Ordinance other than the payment
.
of money and if the TELEPHONE COMPANY commences efforts to cure such
alleged violation(s) within thirty (30) days after receipt of
written notice and shall thereafter prosecute such curative efforts
with reasonable diligence until such curative efforts are completed,
then such alleged violation(s) shall cease to exist and this
Ordinance shall not be declared to be terminated.
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If/,j.'
(b) Any such termination shall be declared only by a written
decision of the City Council after an appropriate public proceeding
before the City Council, which shall accord the TELEPHONE COMPANY
due process and fu~l opportunity to be heard and to respond to any
such notice of alleged violation or failure to comply. All notice
requirements shall be met by providing the TELEPHONE COMPANY at
least an additional fifteen (15) days prior written notice of any
public hearing concerning the proposed termination of this
Ordinance.
In addition, fifteen (15) days notice by publication
shall be given of the date, time and place of any public hearing to
interested members of the public.
(c) The City Council, after full public hearing and upon finding a
violation or failure to .comply, may either declare this Ordinance
terminated or excuse the violation or failure to comply upon a
showing by the TELEPHONE COMPANY of mitigating circumstances or good
,
cause for said violation or failure to comply.
(d) Neither the TELEPHONE COMPANY'S acceptance of this Ordinance,
TELEPHONE COMPANY'S appearance before the City Council at any public
hearing concerning proposed termination of this Ordinance nor any
action taken by the City Council as a result of any such public
hearing, including a declaration of termination or a finding of a
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violation or failure to comply, shall be construed to waive or
otherwise affect the TELEPHONE COMPANY'S right to seek a judicial
determination of the rights and responsibilities of the parties
under this Ordinan~e.
(e) The TELEPHONE COMPANY shall not be excused from complying with
any of the terms and conditions of this Ordinance by the previous
failure of the CITY to insist upon or to seek compliance with such
terms or conditions.
SECTION 13 - COMPENSATION TO THE CITY
(a) As compensation for the use, occupancy, oversight, supervision
and regulation of the CITY'S RIGHTS-OF-WAY, and in lieu of and in
full compensation for any lawful tax or license or charge or
RIGHT-OF-WAY permit fee or inspection fee, whether charged to the
TELEPHONE COMPANY or its contractor(s), or any RIGHT-OF-WAY easement
or street or alley rental or franchise tax or other character of
charge for use and occupancy of the RIGHTS-OF-WAY within the CITY,
except the usual general ad valorem taxes, special assessments in
accordance with State law or sales taxes now or hereafter levied by
the CITY in accordance with State law, the CITY hereby imposes a
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Charge upon the Gross Receipts (as hereinafter defined) of the
TELEPHONE COMPANY. The amount of the Charge for the first year this
Ordinance is in effect shall be $113,300.00. For the second year
the Charge shall be $128,500.00 increased by the Growth Factor as
set forth in paragraph l3(c), if applicable. For the third year the
Charge shall be calculated by adding $14,500.00 to the second year's
Charge and that sum shall be increased by the Growth Factor, if
applicable. For the fourth year the Charge shall be calculated by
adding $15,000.00 to the third year's Charge and that sum shall be
increased by the Growth Factor, if applicable. For the fifth year
the Charge shall be calculated by adding $15,000.00 to the fourth
year's Charge and that sum shall be increased by the Growth Factor,
.
if applicable. For any subsequent year while this Ordinance remains
in effect, the above Charge is subject to adjustment by application
of the Growth Factor set out in paragraph l3(c). This adjustment
for the Growth Factor will be made effective as of each anniversary
date of this Ordinance. In no event shall the Charge for subsequent
years that this Ordinance is in effect be less than the above amount
stated for the fifth year of this Ordinance, except as provided in
the case of disannexation as set forth in paragraph l3(e), or as
provided in Section 17 herein.
The TELEPHONE COMPANY will, according to tariff, bill such Charge to
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the customers billed the customer service charges included within
the term "Gross Receipts," as defined herein. Gross Receipts, for
purposes of this Charge, shall include only customer service charges
which meet all four of the fo~lowing conditions: (1) such charges
are for TELEPHONE COMPANY services provided within the CITY;
(2) such charges are billed through the TELEPHONE COMPANY'S Customer
Records Information System ("CRIS"); (3) such charges are the
recurring charges for the local exchange access rate element
specified in the TELEPHONE COMPANY'S tariffs filed with the PUCi and
(4) such charges are subject to an interstate end user common line
("EUCL") charge as imposed by the Federal Communications Commission
("FCC") .
The TELEPHONE COMPANY shall adjust its billings to customers to
account for any undercollection or overcollection of the Charge due
the CITY.
(b) The Charge for each year shall be paid in four (4) equal
payments. The dates shall be February 28, May 31, August 31 and
November 30, with the first payment under this Ordinance due on
November 30, 1992 In the event of any over or
undercollection from customers at the expiration of this Ordinance,
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the TELEPHONE COMPANY may make a pro rata one-time credit or charge
to the customer billing for affected customers who are billed for a
service
included
within
Gross
Receipts,
as
defined
in
paragraph 13(a).
This will be accomplished within 150 days
following the date of expiration of this Ordinance. If however, it
is impractical to credit any overcollection to customers, then such
overcollection shall be paid to the CITY.
(c) The Growth Factor shall be calculated by dividing the TELEPHONE
COMPANY'S revenues within the corporate limits of the CITY subject
to the state telecommunications sales tax ("Sales Tax Revenues")
.
applicable to services rendered within the corporate limits of the
CITY for the twelve month period ending three (3) months prior to
the next anniversary date of this Ordinance by the Sales Tax
Revenues for the twelve month period ending three (3) months prior
to either the initial effective date or the preceding anniversary
date of this Ordinance as applicable. The Growth Factor calculated
by the method set forth in the preceding sentence, if greater than
one, shall be multiplied by the appropriate year's Charge as stated
above. For the fifth and subsequent years of this Ordinance, the
Growth Factor, if greater than one, shall be multiplied by the then
current year's Charge to determine the Charge for the next year.
The TELEPHONE COMPANY will adjust its customer billing to account
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for the Growth Factor calculated above.
Once the Growth Factor calculation is completed, the TELEPHONE
COMPANY will provide the CITY with the Sales Tax Revenues upon which
the Growth Factor calculation was based. The TELEPHONE COMPANY, at
each anniversary date upon request by the CITY, will provide an
estimate of the proj ected increase in the municipal charge to a
typical local customer's bill for the next year.
The CITY agrees to rely upon audits by the Texas Comptroller of
Public Accounts of state telecommunications sales taxes as reported
.
by the TELEPHONE COMPANY which are performed in compliance with
sections 151.023 and 151.027 of the Texas Tax Code Annotated. The
Growth Factor shall be recomputed to reflect any final,
nonappealable adjustments made pursuant to an audit finding by the
Texas Comptroller of an inaccuracy in the TELEPHONE COMPANY'S
reports of revenues subj ect to state telecommunications sales taxes.
The Charge shall be recalculated using the Growth Factor recomputed
as specified in the preceding sentence, and the recalculated Charge
shall be used for all future calculations required by this
Ordinance.
Any overpayment or underpayment resulting from such
recalculation shall be subtracted from or added to the first
installment due the following year.
If any overpayment or
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underpayment shall be due during the final year of this Ordinance,
then payment shall be made as follows. In the case of overpayment
by the TELEPHONE COMPANY, the CITY shall pay such overpayment to the
TELEPHONE COMPANY within 150 days following the expiration of this
Ordinance and, in the case of underpayment by the TELEPHONE COMPANY,
the TELEPHONE COMPANY shall pay such underpayment to the CITY within
150 days following the expiration of this Ordinance.
(d) Such payments shall not relieve the TELEPHONE COMPANY from
paying all applicable municipally-owned utility service charges.
Should the CITY not have the legal power to agree that the payment
of the foregoing Charge shall be in lieu of the taxes, licenses,
charges, RIGHTS-OF-WAY permit or inspection fees, rentals,
RIGHTS-OF-WAY easements or franchise taxes aforesaid, then the CITY
agrees that it will apply so much of such payments as may be
necessary to the satisfaction of the TELEPHONE COMPANY'S obligation,
if any, to pay any such taxes, licenses, charges, RIGHTS-OF-WAY
permi t or inspection fees, rentals, RIGHTS-OF-WAY easements or
franchise taxes.
(e) In the event that either (1) territory within the boundaries of
the CITY shall be disannexed and a new incorporated municipality
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created which includes such territory or (2) an entire, existing
incorporated municipality shall be consolidated or annexed into the
CITY, then notwithstanding any other provision of this Ordinance,
the Charge shall b~ adjusted. To accomplish this adjustment, within
thirty days following the action effecting a
disannexation/annexation as described above, the CITY shall provide
the TELEPHONE COMPANY with maps of the affected area(s) showing the
new boundaries of the CITY.
In the event of an annexation as described above, the Charge for the
CITY will be adjusted to include the amount of the payment by the
TELEPHONE COMPANY to the existing incorporated municipality being
annexed. In the event that the annexed municipality had no
ordinance imposing a Charge or in the event of a disannexation, then
the adjustment to the Charge will be calculated using the effective
date of the imposition of Local Sales Taxes as determined by the
Texas Comptroller of Public Accounts. The adjustment shall be the
percent increase/decrease in the TELEPHONE COMPANY'S Gross Receipts
as defined herein for the CITY for the first calendar month
fOllowing the Local Sales Tax effective date compared to the last
month prior to such effective date. This adjustment to the Charge
will be made on the first day of the second month following the
Local Sales Tax effective date and the adjusted Charge shall be
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prorated from that date through the remainder of the payment year.
The Charge as adjusted shall be used for all future calculations
required by this Ordinance.
SECTION 14 - ASSIGNMENT OF ORDINANCE
This Ordinance and any rights or privileges hereunder shall not be
assignable to any other entity without the express consent of the
CITY. Such consent shall be evidenced by an ordinance which shall
fully recite the terms and conditions, if any, upon which such
consent is given.
SECTION 15 - MUTUAL RELEASES
In consideration of the performance by TELEPHONE COMPANY of its
obligations hereunder, the CITY hereby fully releases, discharges,
settles and compromises any and all claims which the CITY has made
or could have made arising out of or connected with Ordinance
Number 419-A, adopted April 4, 1952 and extended from time to time
thereafter, and its predecessor ordinances (hereinafter referred to
collectively as "Ordinance 419-A"). This full and complete release
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of claims for any matters under Ordinance 419-A shall be for the
benefit of Southwestern Bell Telephone Company; its parent; its
affiliates; their directors, officers and employees; successors and
assigns; and includes any and all claims, actions, causes of action
and controversies, presently known or unknown, arising directly or
indirectly out of or connected with the TELEPHONE COMPANY'S
obligations to the CITY pursuant to the provisions of Ordinance 419-
A. In consideration of the performance by the CITY of its
obligations hereunder, the TELEPHONE COMPANY, its parent, its
affiliates, successors and assigns hereby fully release, discharge,
settle and compromise any and all claims, actions, causes of action
.
or controversies heretofore made or which could have been made,
known or unknown, against the CITY, its officers or its employees,
arising out of or connected with any matters under Ordinance 419-A.
It is the intent of the CITY and the TELEPHONE COMPANY to enter into
the foregoing mutual releases in order to reach a compromise that is
acceptable to both the CITY and the TELEPHONE COMPANY.
This
Ordinance and the mutual releases set forth in this section
represent a compromise of each party's claims as well as each
party's defenses, and is not intended to be and is not an admission
of liability or vulnerability by either party to the other with
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respect to either the claims or the defenses asserted against the
other.
SECTION 16 - CONFLICTING ORDINANCES AND AGREEMENTS
This Ordinance shall be and is hereby declared to be cumulative of
all other ordinances of the CITY, and this Ordinance shall not
operate to repeal or affect any of such other ordinances except
insofar as the provisions thereof might be inconsistent or in
conflict with the provisions of this Ordinance, in which event such
conflicting provisions, if any, in such other ordinance or
ordinances shall not be applicable, to the extent of such
inconsistency, with respect to this Ordinance. Provided all other
ordinances, rules, regulations, and agreements which are not in
conflict with this Ordinance and which in any manner relate to the
regulation of the CITY streets, alleys, public places, the business
of the Company, or for the protection of the public health, safety
or welfare shall remain in full force and effect.
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SECTION 17 - FUTURE CONTINGENCY
Notwithstanding anything contained in this Ordinance to the
contrary, in the event that (a) this Ordinance or any part hereof,
(b) any tariff provision by which the TELEPHONE COMPANY seeks to
collect the Annual Charge imposed by this Ordinance, or (c) any
procedure provided in this Ordinance, or (d) any compensation due
the CITY under this Ordinance, becomes, or is declared or determined
by a jUdicial, administrative or legislative authority exercising
its jurisdiction to be excessive, unrecoverable, unenforceable,
void, unlawful or otherwise inapplicable, in whole or in part, the
TELEPHONE COMPANY and CITY shall meet and negotiate a new ordinance
that is in compliance with the authority's decision or enactment
and, unless explicitly prohibited, the new ordinance shall provide
the CITY with a level of compensation comparable to that set forth
in this Ordinance provided that such compensation is recoverable by
the TELEPHONE COMPANY in a mutually agreed manner permitted by law
for the unexpired portion of the term of this Ordinance.
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SECTION 18 - GOVERNING LAW
(a) This Ordinance shall be construed in accordance with the CITY
Charter and CITY Code(s) in effect on the date of passage of this
Ordinance or as later amended to the extent that such Charter and
Code(s) are not in conflict with or in violation of the Constitution
and laws of the united states or the state of Texas.
(b) This Ordinance shall be construed and deemed to have been
drafted by the combined efforts of the CITY and the TELEPHONE
COMPANY.
SECTION 19 - ACCEPTANCE OF AGREEMENT AND EFFECTIVE DATE
The CITY shall deliver a properly certified copy of this Ordinance
to the TELEPHONE COMPANY within three (3) working days of its final
passage. The TELEPHONE COMPANY shall have thirty (30) days from and
after the final passage of this Ordinance to file its written
acceptance of this Ordinance with the CITY Secretary. This
Ordinance shall become effective beginning the first day of the
quarter not less than thirty (30) days after its final passage by
the CITY.
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SECTION 20 '- FUTURE AMENDMENTS
This ordinance governing street use may be amended at any time by
the mutual agreement of the CITY and the TELEPHONE COMPANY. It is
understood that the TELEPHONE COMPANY is currently in the process of
negotiating similar ordinances with other cities throughout the
state. It is understood and agreed that if an ordinance governing
street use with another city in this state contains a provision
which the CITY feels would be more advantageous to it than the terms
hereof, the CITY may require that that portion of this ordinance be
reopened for negotiation. The intent of the parties is that the
City of La Porte will be entitled only to treatment comparable to
that which was afforded under the ordinance with the other city
giving due consideration to the contextual meaning of the provision
on which renegotiation is sought and the effect of the proposed
amendment on the meaning of the ordinance as a whole. Under no
circumstance may an amendment result in a higher level of
compensation than that level produced by those methodologies
utilized by the TELEPHONE COMPANY to calculate compensation to other
cities in Texas nor may an amendment be applied retroactively.
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SECTION 21 -DETERMINATION OF SUFFICIENCY OF OPEN MEETING NOTICE
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 22 - PROVIDING FOR PUBLIC NOTICE OF THIS ORDINANCE
The TELEPHONE COMPANY shall pay the cost of providing public notice
of this Ordinance.
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Passed by City Council on first reading -this 27th day of April,
1992.
Passed by City Council on second reading this ____ day of
1992.
CITY OF LA PORTE
By:
Norman L. Malone, Mayor
ATTEST:
Cherie Black, City Secretary
APPROVED:
Knox W. Askins, City Attorney
,
I, Cherie Black, City Secretary of the City of La Porte, Texas,
do hereby certify that the foregoing is a true and correct copy of
, finally passed and approved by the City Council
Ordinance No.
of the City of La Porte, Texas, following the 2nd reading thereof at
a regular meeting held on the ____ day of
, 1992.
Cherie Black, City Secretary
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Alternative First Paragraph of SECTION 13 - COMPENSATION TO THE
CITY, Subparagraph (a):
"SECTION 13 - COMPENSATION TO THE CITY
(a) As compensation for the use, occupancy, oversight, supervision
and regulation of the CITY'S RIGHTS-OF-WAY, and in lieu of and in
full compensation for any lawful tax or license or charge or
RIGHTS-OF-WAY permit fee or inspection fee, whether charged to the
TELEPHONE COMPANY or its contractor (s), or any RIGHT-O~WAY
easement or street or alley rental or franchise tax or other
character of charge for use and occupancy of the RIGHTS-OF-WAY
within the CITY, except the usual general ad valorem taxes, special
assessments in accordance with State law or sales taxes now or
hereafter levied by ~he CITY in accordance with State law, the CITY
hereby imposes a Charge upon the Gross Receipts (as hereinafter
defined) of the TELEPHONE COMPANY. The amount of the Charge for the
first year this Ordinance is in effect shall be $113,300.00. For
the second and subsequent years while this Ordinance remains in
effecb, the above Charge is subject to adjustment by application of
the Growth Factor set out in paragraph l3(c). This adjustment for
the Growth Factor will be made effective as of each anniversary date
of this Ordinance. In no event shall the Charge for subsequent
years that this Ordinance is in effect be less than the above amount
stated for the first year of this Ordinance, except as provided in
the case of disannexation as set forth in paragraph l3(e), or as
provided in Section 17 herein."
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LEGAL NOTICE
Pursuant to Article VII, "Franchise and Public Utilities," of the
Home Rule Charter of the City of La Porte, notice is hereby given
that a propo~ed ordinance extending the franchise of Southwestern
Bell Telephone Company with the City of La Porte, was passed on
first reading by the City Council of the City of La Porte, at its
regular meeting of April 27, 1992. The proposed franchise extension
ordinance will be considered by the City Council of the City of La
Porte on second and final reading, at its regular council meeting of
June 8, 1992. ·
The full text of the franchise ordinance may be examined by any
member of the public, without charge, at the office of the City
Secretary of the City of La Porte, 604 West Fairmont Parkway, La
Porte, Texas, during regular office hours. The caption of the
ordinance is as follows:
ORDINANCE NO.
AN ORDINANCE WHEREBY THE CITY OF LA PORTE, TEXAS, AND SOUTHWESTERN
BELL TELEPHONE COMPANY AGREE THAT, FOR THE PURPOSE OF OPERATING ITS
TELECOMMUNICATIONS BUSINESS, THE TELEPHONE COMPANY SHALL MAINTAIN
AND CONSTRUCT ITS POLES, WIRES, ANCHORS, FIBER, CABLES, MANHOLES,
CONDUITS AND OTHER ~PHYSICAL PLANT AND APPURTENANCES IN, ALONG,
ACROSS, ON, OVER, THROUGH, ABOVE AND UNDER ALL PUBLIC STREETS,
AVENUES, HIGHWAYS, ALLEYS, SIDEWALKS, BRIDGES OR PUBLIC WAYS IN SAID
CITY, PRESCRIBING THE ANNUAL COMPENSATION DUE THE CITY UNDER THIS
ORDINANCE, PRESCRIBING THE CONDITIONS GOVERNING THE USE OF PUBLIC
RIGHTS-OF-WAY AND THE PERFORMANCE OF CERTAIN CONSTRUCTION WORK ON
PUBLIC RIGHTS-OF-WAY FOR THE TELEPHONE COMPANY'S TELECOMMUNICATIONS
BUSINESS, PROVIDING AN INDEMNITY CLAUSE; SPECIFYING GOVERNING LAWS,
PROVIDING FOR A RELEASE OF ALL CLAIMS UNDER PRIOR ORDINANCES,
PROVIDING FOR FUTURE CONTINGENCIES, PROVIDING FOR PUBLIC NOTICE OF
THIS ORDINANCE, PROVIDING FOR WRITTEN ACCEPTANCE OF THIS ORDINANCE
BY THE TELEPHONE COMPANY, AND PROVIDING FOR A TERM AND AN EFFECTIVE
DATE.
Cherie Black, City Secretary
City of La Porte, Texas
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ORDINANCE NO.
AN ORDINANCE APPROVING AND AUTHORIZING AN EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF LA PORTE AND THE CITY MANAGER OF THE CITY OF LA
PORTE; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; 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 City Council hereby approves and authorizes the
contract, agreement or other undertaking described in the title of
this ordinance, in substantially the form as shown in the document
which is attached hereto and incorporated herein by this reference.
The City Manager is hereby authorized to execute such document and
all related documents on behalf of the City of La Porte. The City
Secretary is hereby authorized to attest to all such signatures and
to affix the seal of the City to all such documents.
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. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this
day of
, 1992.
CITY OF LA PORTE
BY
------
Norman L. Malone, Mayor
ATTEST:
Cherie Black
City Secretary
7!Z~dJ
Knox W. Askins
City Attorney
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EMPLOYMENT AGREEMENT
This Agreement, made and entered into this 27th day of April.
1992 by and between the City of La Porte, state of Texas, a
municipal corporation, hereinafter called "Employer" as party of
the first part and Robert T. Herrera, hereinafter called "Employee"
as party of the second part, both of whom understand as follows:
WITNESSETH:
WHEREAS, Employer desires to employ the services of said Robert T.
Herrera as provided by La Porte City Charter: and
WHEREAS, it is the desire of the Governing Board, hereinafter
called "Council", to provide certain benefits, establish certain
conditions of employment, and to set working conditions of said
Employee: and
WHEREAS, it is the desire of the Council to (1) secure and retain
the services of Employee and to provide inducement for him to
remain in such employment; (2) to make possible full work
productivit~ by assuring Employee's morale and peace of mind with
respect to future security; (3) to act as a deterrent against
malfeasance or dishonesty for personal gain on the part of
Employee; and (4) to provide a just means for terminating
Employee's services at such time as he may be unable fully to
discharge his dut~es due to age or disability or when Employer may
otherwise desire to terminate. his employ: and
WHEREAS, Robert T. Herrera desires to accept employment as City
Manager of said City.
NOW THEREFORE, in consideration of the mutual covenants herein
contained, the parties agree as follows:
Section 1. Duties
Employer hereby agrees to employ said Robert T. Herrera as City
Manager of said Employer to perform the functions and duties
specified in said La Porte city Charter and to perform other
legally permissible and proper duties and functions as the Council
shall from time to: time assign.
Section 2. Term
A. Employee agrees to remain in the exclusive employ of Employer
until April 27. 1994, and neither to accept other employment
nor to become employed by any other employer until said
termination date, unless said termination date is affected as
hereinafter provided.
. The term "employed" shall not be construed to include
occasional teaching, writing, consulting or military reserve
service performed on employee's time off.
B. In the event written notice is not given by either party to
this Agreement to the other 90 days prior to the termination
date as hereinabove provided, this Agreement shall be extended
on the same terms and on conditions as herein provided, all
for an additional period of two years. Said Agreement shall
continue thereafter for two-year periods unless either party
hereto gives 90 days written notice to the other party that
the party does not wish to extend this Agreement for an
additional two year term.
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Section 3. Termination and Severance Pay
A. Pursuant to the provisions of Section 3.01 (b), of the Home
Rule Charter of the City of La Porte, the City Manager may be
appointed and removed at the will and pleasure of the City
Council by a vote of the majority of the entire city Council.
In the event Employee is terminated by the Council before
expiration of the aforesaid term of employment and during such
time that Employee is willing and able to perform his duties~
under this Agreement, then and in that event~Plole~agrees ~~
to pay Employee as severance pay and liqu1 ated damages, (/ -
twenty-four (24) weeks salary and benefits, payable in
installments over Employer's normal pay periods. In the event
Employee secures other employment during such twenty-four (24)
week period, the amount of such salary payments shall be
reduced by the amount of salary payments received by Employee
from such new employment. In the event Employee is terminated
by Council for cause, as defined in the current edition of the
City of La Porte Personnel Policy Manual, Employer shall have
no obligation to pay the severance pay and liquidated damages
designated in this paragraph.
B. In the event Employer at any time during the term of this
Agreem~nt reduces the salary or other financial benefits of
Employee in a greater percentage than an applicable across-
the-board reduction for all employees of Employer, or the
Employee resigns following a suggestion whether formal or
informal, by the Council that he resign, then, in that event
Employee may, at his option, be deemed to be "terminated" at
the date of such reduction or such refusal to comply within
the meaning and context of the herein severance pay provision.
C. In the event Employee voluntarily resigns his position with
Employer .before expiration of the aforesaid term of his
employment, then Employee shall give Employer thirty (30) days
notice in advance, unless the parties otherwise agree.
Section 4. Disability
If Employee is permanently disabled or is otherwise unable to
perform his duties because of sickness, accident, injury,
mental incapacity or health for a period of four successive
weeks beyond any accrued sick leave, or for twenty (20)
working days pver a thirty (30) working day period, Employer
shall have the option to terminate this Agreement subject to
the severance pay requirements of Section 3, paragraph A.
However, Employee shall be compensated for any accrued sick
leave, vacation, holidays, and other accrued benefits.
Section 5. Salary
Employer agrees to pay. Employee for his services rendered
pursuant hereto an annual base salary of $74.735.00 payable in
· installments at the same time as other employees of the
Employer are paid. In addition, Employer agrees to increase
said base salary and/or other benefits of Employee in such
amounts and to such extent as the Council may determine that
it is desirable to do so on the basis of an annual salary
review of said Employee made at the same time as similar
consideration is given other employees generally.
Section 6. Performance Evaluation
A. The Council shall review and evaluate the performance of the
Employee at least once annually. Said review and evaluation
shall be in accordance with specific criteria developed
jointly by Employer and Employee. Said criteria may be added
to or deleted from as the Council may from time to time
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determine. Further, the Mayor shall provide the Employee with
a summary written statement of the findings of the Council and
provide an adequate opportunity for the Employee to discuss
his evaluation with the Council.
B. Annually, the Council and Employee shall define such goals and
performance objectives which they determine necessary for the
proper operation of the city and the attainment of the
Council's policy objectives and shall further establish a
relative priority among those various goals and objectives,
said goals and objectives to be reduced to writing. They
shall generally be attainable within the time limitations as
specified and the annual operating and capital budgets and
appropriations provided.
C. In effecting the provisions of this Section, the Council and
Employee mutually agree to abide by the provisions of
applicable law.
Section 7. Hours of Work
It is recognized. that Employee must devote a great deal of
time outside the normal office hours to business of the
Employ~r, and to that end Employee will be allowed to take
compensatory time off as appropriate.
Section 8. Automobile
Employer shall pay Employee a monthly automobile allowance to
the employee .in the amount of $400.00. The employee shall be
responsible for paying for liability, property damage and
comprehensive insurance on the automobile.
Section 9. Disability, Health and Life Insurance
A. Employer agrees to provide Employee, Employer paid insurance,
such as life, health, medical, hospitalization, and the like,
and to pay the premiums thereon, equal to that which is
provided for all other employees of Employer.
B. Employee agrees to submit once per calendar year to a complete
executive physical examination by a qualified physician
selected by the Employer. Employer shall receive a copy of
all medical reports related to said examination.
C. Employer agrees to purchase and to pay the required premiums
on term life insurance policies equal in amount to two times
the annual gross salary of Employee, with the beneficiary
named by Employee.
Section 10. Professional Development
A. Employer hereby agrees to budget for and to pay the travel and
. subsistence expenses of Employee for professional and official
travel, meetings and occasions adequate to continue the
professional development of Employee and to adequately pursue
necessary official and other functions for Employer, including
but not limited to the Annual Conference of the Texas City
Management Association, the Texas Municipal League and such
other national, regional, state and local governmental groups
and committees thereof which Employee serves as a member.
B. City agrees to pay the reasonable expenses involved for
Manager and his spouse to attend two annual City related
conferences.
C. city agrees to pay reasonable expenses involved with annual
professional financial planning consultation and yearly filing
of income tax returns prepared by a Certified Public
Accountant.
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D. Employer agrees to budget and to pay for the professional dues
and subscriptions of Employee necessary for his continuation
and full participation in national, regional, state and local
associations and organizations necessary and desirable for his
continued professional participation, growth and advancement,
and for the good of the Employer.
Section 11. General Expenses
Employer recognizes that certain expenses of a nonpersonal and
generally jOb-affiliated nature are incurred by Employee, and
hereby agrees to reimburse or to pay said general expenses and
the Finance Director is hereby authorized to disburse such
monies upon receipt of duly executed expense or petty cash
vouchers, receipts, statements or personal affidavits.
section 12. Indemnification
Employer shall defend, save harmless and indemnify Employee
against any tort, professional liability claim or demand or
other legal actiqn, whether groundless or otherwise, arising
out of an alleged act or omission occurring in the performance
of Emp~oyee's duties as City Manager.
section 13. Bonding
Employer shall bear the full cost of any fidelity or other
bonds required of the Employee under any law or ordinance.
..
section 14. other Terms and Conditions of Employment
A. The Council, in consultation with the Manager, shall affix any
such other terms and conditions of employment, as it may
determine from time to time, relating to the performance of
Employee, provided such terms and conditions are not
inconsistent with or in conflict with the provisions of this
Agreement, the City Charter or any other law.
B. All provisions of the City Charter and adopted regulations and
rules of the Employer relating to vacation and sick leave,
retirement and pension system contributions, holidays and
other fringe benefits and working conditions as they now exist
or hereafter may be amended, also shall apply to Employee as
they would to other employees of Employer, in addition to said
benefits enumerated specifically for the benefit of Employee
except as herein provided.
C. Employee shall be entitled to receive the same vacation and
sick leave benefits as are accorded department heads,
including provisions governing accrual and payment therefor on
termination of employment.
D. · Employer shall not at any time during the term of this
Agreement reduce the salary, compensation or other financial
benefits of Employee, except to the degree of such a reduction
across-the-board for all employees of the Employer.
E. The terms and provisions of the current edition of the city of
La Porte Personnel Policy Manual, shall be fully applicable to
this agreement, except to the extent of any conflict, in which
case the terms and provisions of this agreement shall prevail.
In the event of a conflict between the provisions of the Home
Rule Charter of the City of La Porte and this agreement, the
Charter provisions shall prevail.
section 15. General provisions
A. The text herein shall constitute the entire Agreement between
the parties.
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B. This Agreement shall be binding upon and inure to the benefit
of the heirs at law and executors of Employee.
C. This Agreement shall become effective commencing April 27.
1992
D. If any provision or any portion thereof, contained in this
Agreement is held unconstitutional, invalid or unenforceable,
the remainder of this Agreement, or portion thereof, shall be
deemed severable, shall not be affected and shall remain in
full force and effect.
IN WITNESS WHEREOF, the City of La Porte has caused this Agreement
to be signed and executed in its behalf by its Mayor and duly
attested by its City Secretary and the Employee has signed and
executed this Agreement, both in duplicate, the day and year first
above written.
CITY OF LA PORTE, TEXAS
By: Norman L. Malone, Mayor
"EMPLOYER"
ATTEST:
..
City Secretary
(Seal)
APPROVED AS TO FORM:
City Attorney
Robert T. Herrera, City Manager
"EMPLOYEE"
EMPLAGRE.RTH
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ASKINS &ARMSTRONG, P. C.
ATTORNEYS AT LAW
KNOX W. ASKINS
JOHN D. ARMSTRONG
702 W. FAIRMONT PARKWAY
P. O. BOX 1218
LA PORTE. TEXAS 77572-1218
TELEPHONE 713 471-1886
TELECOPIER 713 471-2047
April 14, 1992
Ms. Cherie Black
City Secretary
City of La Porte
City Hall
La Porte, Texas
Dear Cherie:
I enclose contract approval ordinance with Soules & Wallace for the
April 27th agenda. Attached to the ordinance is the City's copy of
the agreement. The other copy of the letter should be signed after
ordinance approval and returned to me, for forwarding to Mr.
Wallace.
Yo~rY truly,
Knox W~kins
City Attorney
City of La Porte
KWA: sw
Enclosures
cc: Mr. Robert T. Herrera
City Manager
City of La Porte
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ORDINANCE NO.
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY
OF LA PORTE AND SOULES & WALLACE, ATTORNEYS-AT-LAW; MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; 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 City Council hereby approves and authorizes the
contract, agreement or other undertaking described in the title of
this ordinance, in substantially the form as shown in the document
which is attached hereto and incorporated herein by this reference.
The City Manager is hereby authorized to execute such document and
all related documents on behalf of the City of La Porte. The City
Secretary is hereby authorized to attest to all such signatures and
to affix the seal of the City to all such documents.
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. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
,
PASSED AND APPROVED, this 27th day of April, 1992.
CITY OF LA PORTE
BY
Norman L. Malone, Mayor
ATTEST:
Cherie Black
City Secretary
AP~-cJ.~
Knox W. Askins
City Attorney
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LAW OFFICES
KEITH M. MKER
rHOMAS BLACK
RICHARD M. BUTlER'
w. CHARLES CAMPBELL
DARRYL K. CARTER
CHRISTOPHER ClARK
HERBERT GORDON DAVIS
DOUGLAS R. DRUCKER
WA YNE L FAGAN
MAR Y S. FENLON
LUIS R. GARCIA
FERNANDO C. GOMEZ
LAURA D. HEARD
RICHARD B. IIEMINGWAY. 110..
RONALD J. IOHNSON
DAVID P. KALLUS
REM BENNETT KENNEDY
PHIL STEVEN KOSIlB
SOU LES 8 WALLACE
ATTORNEYS-AT-LAW
A PROfESSIONAl. CORPORATION
WILBUR F. LITTlETON. 110..
G. A. HARPOLE MAIXNER 0
VINCENT l. MARABLE III
GARY W. MAYTON
GEORGE C. NOYES
I. KEN NUNLEY'
SUSAN SHANK PATTERSON
MRMRA H. PAULlSSEN
MARC I. SCHNAlL'
PAUL SMITH
LUTHER H. SOULES 111"'
BRUCE K. SPINDLER
WILLIAM T. SULLIVAN
EVElYN S. TATUM
RONAlD E. TIGNER'
JAMES P. WALLACE I
BARTON OAKS PLAZA TWO. SUITE 315
901 MOPAC EXPRESSWAY SOUTH
AUSTIN. TEXAS 78746
(512) 328-5511
TELEFAX: (512) 327-4105
..
OF COUNSEL:
ROBERT l. ESCHENBURG II
.
.
February 5, 1992
lR EFECB... F'1- -01 V Ea., .
I 19~2
1
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Mayor and City Council
City of La Porte, Texas
P.O. Box 1115
La Porte, Texas 77572-1115
CiTY l~jAl~AGERS
OFFICE
Attention: Robert Herrfra, City Manager
Re: Fee Proposal for work as Associate Appellate Counsel in Prince v. City of La Porte
Gentlemen:
The law firm of Soules and Wallace proposes to associate with Charles Dippel as
Counsel of Record for the City of La Porte, Texas in the appeal of the above-entitled
lawsuit. I will be the principal attorney of Soules & Wallace providing legal services to the
City of La Porte.
Our firm will consult with Charles Dippel on all legal and procedural issues in the
appeal, assisting in the briefing, writing of documents, and oral urguments, as w~ll a:;
providing advice and experience on behalf of the City. Our representation will be
completed upon the overruling by the Texas Supreme Court of any motion for rehearing of
an application for writ of error or the cause; or upon earlier final determination of this
cause of action. This agreement contemplates that there will be only one appeal of the case,
that is, one appeal to the Court of Appeals and, if necessary, an appeal to the Supreme
Court.
CORPUS CHRISTI. TEXAS OffiCE: THE GOO BULlDING. SUITE 1714
600 LEOPARD STREET. CORPUS CHRISTI. TEXAS 78473
(512) 883-7501 TELEFAX (512) 883-7539
HOUSTON. TEXAS OFFICE: 40TH FLOOR. SAN FELIPE PLAZA
5847 SAN FEll PE. HOUSTON. TEXAS 77057
(713) 780-1111 TELEFAX (713) 780-3738
SAN ANTONIO. TEXAS OFFICE: TENTH FLOOR. REPUBLIC OF TEXAS PLAZA
175 EAST HOUSTON STREET. SAN ANTONIO. TEXAS 78205
(512) 224-9144 TELEFAX (512) 224-7073
S NATIONAL BOARD OF TRIAL ADVOCACY
TEXAS BOARD OF LEGAL SPECIALIZATION
t BOARD CERTIFIED CIVIL TRIAL LAW
I BOARD CERTIFIED CIVIL APPElLATE LAW
. BOARD CERTIFIED COMMERCIAL AND
RESIDENTIAL REAL ESTATE LAW
o BOARD CERTIFIED PERSONAL INJURY lRIAL LAW
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Mayor and City Council
February 5, 1992
Page Two
My fees will be billed to you at the rate of $320 per hour plus necessary out of
pocket expenses; the services of an associate lawyer from our firm will not exceed $140 per
hour. Within the above contemplation, the fees of Soules & Wallace will not exceed
$50,000. .
Soules and Wallace will bill the City of La Porte directly for fees earned and
expenses incurred on a monthly basis.
If this proposal is acceptable, please sign acceptance on two originals, retain one for
your files and return one to me.
Very truly yours,
JPW:bjh
Enclosure
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PROPOSAL ACCEPTED this
~ay of
, 1992.
Robert Herrera
City Manager
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LAW OFFICES
KElT H M. MKER
THOMM BLACK
RICHARD M. BllTlER .
W. CHARLES CAMrBElL
DARRYl K. CARTER
CHRISTOrHER CLARK
HERBERT GORDON DAVIS
DOUGLM R. DRUCKER
WAYNE I. FAGAN
MARY 5. FENLON
LUiS R. GARCIA
FERNANDO C. GOMEZ
LAllRA D. HEARD
RICHARD B. HEMINGWAY, IR.
RONALD J. IOHNSON
DAVID r. KALLUS
REM BENNETT KENNEDY
PHIL STEVE N KOSUB
SOU LES S WALLACE
ATTORNEYS-AT-LAW
^ PROFESSIONAL CORPORATION
WILBUR F. LITTlETON. IR.
G. ^ HARPOLE MAIXNER 0
VINCENT L MARABLE III
GARY W. MAYTON
GEORGE C. NOYES
I. KEN NUNLEY ·
SUSAN SHANK PATTERSON
MRBARA H. rAULlSSEN
MARC I. SCHNALL'
PAUL SMiTH
LUTHER H. SOULES III u'
BRUCE K. SPINDLER
WILLIAM T. SULLIVAN
EVELYN S. TATUM
RONALD E. TIGNER ·
JAMES P. WALLACE I
BARTON OAK.S PLAZA TWO. SUITE 315
901 MOPAe EXPRESSWAY SOUTH
AUSTIN. TEXAS 78746
(512) 326-5511
TELEFAX: (512) 327-4105
..
OF COUNSEl:
ROBERT L ESCHENBURG II
February 5, 1992
Mayor and City Council
City of La Porte, Texas
P.O. Box 1115
La Porte, Texas 77572-1115
Attention: Robert Herr~ra, City Manager
.
Re: Fee Proposal for work as Associate Appellate Counsel in Prince v. City of La Porte
Gentlemen:
The law firm of Soules and Wallace proposes to associate with Charles Dippel as
Counsel of Record for the City of La Porte, Texas in the appeal of the above-entitled
lawsuit. I will be the principal attorney of Soules & Wallace providing legal services to the
City of La Porte.
Our firm will consult with Charles Dippel on all legal and procedural issues in the
appeal: a~sisting in the briefing, writing of documents, and oral arguments, as well as
providing advice and experience on behalf of the City. Our representation will be
completed upon the overruling by the Texas Supreme Court of any motion for rehearing of
an application for writ of error or the cause; or upon earlier final determination of this
cause of action. This agreement contemplates that there will be only one appeal of the case,
that is, one appeal to the Court of Appeals and, if necessary, an appeal to the Supreme
Court.
COR.PUS CHR.ISTI. TEXAS OFFICE: THE GOO BULlDING. SUITE 1714
600 LEOPARD STR.EET. CORPUS CHRISTI. TEXAS 78473
(512) 883.7501 TELEFAX (512) 683-7539
HOUSTON. TEXAS OFFICE: 40TH FLOOR. SAN FELIPE PLAZA
5647 SAN FELl PE. HOUSTON. TEXAS 77057
(713) 760-1111 TELEFAX (713) 760-3736
SAN ANTONIO. TEXAS OFFICE: TENTH FLOOR.. REPUBLIC OF TEXAS PLAZA
175 EAST HOUSTON STR.EET. SAN ANTONIO. TEXAS 76205
(12) 224-9144 TELEFAX (512) 224-7073
I NATIONAL BOARD OF TRIAL ADVOCACY
TEXAS BOARD OF LEGAL SPECIALIZATION
t BOARD CERTIFIED CIVIL TRIAL LAW
I BOARD CERTIFIED CIVIL APPELLATE lAW
. BOARD CERTIFIED COMMERCIAL AND
RESIDENTIAL REAL ESTATE LAW
o BOARD CERTIFIED PERSONAL INJURY lRIAL LAW
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Mayor and City Council
February 5, 1992
Page 1\vo
My fees will be billed to you at the rate of $320 per hour plus necessary out of
pocket expenses; the services of an associate lawyer from our firm will not exceed $140 per
hour. Within the above contemplation, the fees of Soules & Wallace will not exceed
$50,000.
Soules and Wallace will bill the City of La Porte directly for fees earned and
expenses incurred on a monthly basis.
If this proposal is acceptable, please sign acceptance on two originals, retain one for
your files and return one to me.
Very truly yours,
JPW:bjh
Enclosure
~ -'"",,\. '1'-
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. ........J
(1 mes P. Wallace
\
.
PROPOSAL ACCEPTED this _ pay of
,1992.
Robert Herrera
City Manager
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REQUEST FOR CITY COUNCIL AGENDA ITEM
AGENDA DATE REQUESTED April 27. 1992
REQUESTED BY Jeff Litchfield
DEPARTMENT Director of Finance
REPORT
RESOLUTION
xx
ORDINANCE
EXHIBITS: Ordinance
SUMMARY AND RECOMMENDATION
The City currently operates under a Weed Ordinance adopted in 1965 by
Ordinance 716. Obviously, costs have increased in the last twenty-six years
and we have not kept pace in updating our fee structure.
When the City receives a complaint about a property with high weeds, the
Inspection Division of the Planning Department fields the call. The Inspector
assigned to the complaint inspects the property, mails a notice to abate, re-
inspects the property, coordinates the mowing of the property, and notifies
the Customer Service Division once the property has been mowed.
The Customer Service Division mails an invoice to the property owner and, if
the invoice is not paid, places a lien on the property.
It is estimated that the average cost to the City, including payment to the
mowing contractor, is $58.78. Our average bill to the property owner is
$30.84. Therefore, the City is losing $27.91 for every property it has to
have mowed.
Our understanding of ordinances is that the violation of an ordinance should
call for a penalty of some sort. Under our present system, there is no
penalty to the violator. In fact, we are actually subsidizing the violator.
Adoption of the proposed Ordinance will establish a new fee schedule as shown
below.
Type
Current
Charge
Proposed
Charge
Lot Mowing (50 feet by 125 feet)
Acreage
Lien Release
$ 25.00
28.50
0.00
$ 70.00
100.00
50.00
The effective date of the new charges would be fourteen days after its
passage.
ACTION REQUIRED BY COUNCIL:
Adopt or deny the passage of the Ordinance
AVAILABILITY OF FUNDS:
GENERAL FUND
UTILITY FUND
OTHER
ACCOUNT NUMBER: N / A
FUNDS AVAILABLE:
YES
NO
APPROVED FOR CITY COUNCIL AGENDA
ROBERT T HERRERA
CITY MANAGER
DATE
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CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
TO: Robert T. Herrera, City Manager
FROM:~eff Litchfield, Director of Finance ~>;/
() Chuck Harrington, Director of Planning ~/Y
DATE: April 20, 1992
SUBJECT: Fees charged to Violators of Weed Ordinance
Recent publicity of the City of Houston's plight as it relates to the
maintenance of vacant lots prompted us to review the City of La Porte's
process. Modification of the process has been discussed several times in the
past with no resulting action being taken.
During a recent review of the City of La Porte's Accounts Receivable Billing
process, we found that 27 percent of the 1991 billings relate to billings for
individuals where the City has mowed their lot. We decided it appropriate to
identify the cost of the process and compare it with what we charge for the
service.
We currently operate under a fee schedule adopted in 1965 by Ordinance 716.
Obviously, costs have increased since then and we have not kept pace in
updating our fee structure.
We reviewed 71 different charges from our mowing contractor. We found that
the City paid an average of $25.38 to the contractor for the mowing of these
71 properties and billed the property owner an average of $30.84 per property.
This gives us a margin of $5.46 to cover our direct and indirect costs.
Listed below are the direct and indirect costs associated with the mowing
process.
Inspection Division Costs
The Inspection Division of the Planning Department receives the complaint. An
Inspector is assigned the task of reviewing the complaint.
The Inspector performs the following steps.
1. City receives complaint form or picks up violations in the field.
2. Any complaints are recorded on the department's complaint log for tracking
purposes.
3. Proper cover sheet is filled out. Sheet includes legal information such
as block, lot, addition, property owner's name/address (based on Certified
Appraisal Roll furnished by Harris County).
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4. Mowing record book is checked to be sure complaint is not a duplicate. If
that property is already being worked and has a letter out, the new
complaint is attached to existing paperwork and complaint log is amended
to reflect this.
5. If not a duplicate complaint, field verification determines if a violation
exists.
6. If a violation does exist, a Notice to Abate letter is sent out by regular
mail. Owner is given thirteen (13) days (three (3) days for mail to reach
owner and ten (10) days for actual abatement).
7. If a violation does not exist, records are marked to reflect this.
8. Date of City's inspection and mailing date of letter is entered on
department's complaint log and in the mowing record book.
9. Paperwork is suspended for thirteen (13) days until re-inspection time.
10. Property is re-inspected by the City.
11. If violation is abated, inspection information is entered on the complaint
log and in the mowing record book for future reference. Paperwork is
filed in the abated weed files.
12. If violation is not abated, paperwork goes to a folder for the next mowing
list the City will prepare. The City's contract mower will abate
violation by mowing the property.
13. Once mowing list is completed, City verifies that all properties on the
list were properly mowed.
14. Mowing list is figured for payment to the contractor. A check request
with a copy of the list as back-up is routed appropriately for actual
payment to the contractor.
15. A copy of the completed list is also forwarded to the Revenue Collections
Department for their use in billing the property owners.
16. Entries on the mowing list are entered on the complaint log (if
applicable) and all entries are entered in the mowing record book for
future reference.
17. Completed mowing list is filed for reference.
It is estimated that the average cost to the City for these steps, excluding
car expense, is $27.00.
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Customer Service Division Costs
Once the property has been mowed, the Inspection Division forwards to the
Customer Service Division the list of properties to be billed. The Customer
Service Division performs the following steps.
1. The existing database is searched to see if the property owner is
currently entered into the Billing System.
2. If not, a master account is generated and the billing information is
entered. This includes their mailing address as well as the legal and
other descriptive information.
3. The billing information is entered. This includes the date the service
was performed and the cost charged.
4. The bills are printed and manually stuffed into envelopes.
5. Postage is paid to mail the bill.
We estimate it takes 15 minutes of the Accounting Technicians time to perform
this step.
Once the bill has been mailed, one of two possibilities occurs, they either
pay the bill or ignore it.
If they pay the bill, the cost is minimal (less than two minutes of employee
time to record the payment and deposit the cash). If they ignore the bill,
the following steps are taken.
1. The delinquent accounts are identified using the Aged Accounts Receivable
Report.
2. For each delinquent account, each invoice has to be pulled up on the
system. Because of the decrepid condition of our Billing System, this is
a time consuming task.
3. Each property has to be manually looked up on the Tax Roll to verify that
the person billed is the current property owner.
4. The information on the property is then submitted to the Assistant City
Attorney for the filing of a lien against the property.
5. After the Accounting Technician receives the information back from the
Assistant City Attorney, she records the lien on our log book as well as
in the Accounts Receivable Computer System.
The total time involved in this phase, including the Assistant City Attorney's
time, is about 30 minutes.
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To summarize, it takes about 15 minutes per property to prepare for and bill
each person for whom we have mowed their property. In 1991, 43% of the
property owners paid their bills, the remaining 57% required an additional 30
minutes to prepare for and file a lien on their property. This averages out
to 32 minutes spent per property we mowed (15 minutes for billing plus 57% of
30 minutes for the filing of a lien).
The cost of an Accounting Technician (salary and overhead at 30%) is $12.00
per hour. Thirty-two minutes at $12.00 per hour is $6.40, therefore, it costs
the City approximately $6.40 per property to bill and collect on properties we
have mowed.
Summary
The following summary attempts to show the total impact of the mowing process
on the City of La Porte. It deals with the average costs.
Cost of time spent by Inspection Division to process property
Amount paid to mowing contractor to mow property
Cost of time spent to bill and collect for mowing service
Total costs associated with mowing a property
$ 27.00
25.38
6.40
$ 58.78
This total cost, when subtracted from the average amount billed of $30.84
equals a net loss of $27.91 for each and every property we have to have mowed.
Recommendation
Our understanding of ordinances is that the violation of an ordinance should
call for a penalty of some sort. Under our present system, there is no
penalty to the violator. In fact, we are actually subsidizing the violator.
It has gotten to the point that, for some property owners, we are their
grounds keeper. A new set of billing rates needs to be established with rates
that not only recover our costs but also provide an incentive for the owner to
remedy the problem before it gets to us.
Ervin Griffith, Chief Building Official, has proposed the following rate
structure, which we fully support.
Type
Current
Charge
Lot Mowing (50 feet by 125 feet)
Acreage
Lien Release
Minimum bill to Property Owner
$ 25.00
28.50
0.00
25.00
Proposed
Charge
$ 70.00
100.00
50.00
70.00
Finally, our Inspection Division has recently incurred a heavy work load
potential because of all the building activity in the City. The changing of
these rates will have two positive impacts. First, the higher rate should
decrease some of their workload because the property owner will assume
responsibility for the maintenance of their property and secondly, the
increased fees will provide additional revenues to the City which will make
the process of adding staff more feasible.
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ORDINANCE NO.
193'1
AN ORDINANCE AMENDING CHAPTER 13, ARTICLE II, SECTION 13-27, SECTION 13-28,
SECTION 13-29, AND SECTION 13-30 OF THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE, TEXAS, BY PROVIDING A FEE SCHEDULE; PROVIDING A METHOD OF BILLING;
PROVIDING A MINIMUM CHARGE. PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS
ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION BE
FINED NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00), AND EACH DAY OF VIOLATION
SHALL BE DEEMED A SEPARATE OFFENSE; CONTAINING A SEVERABILITY 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. Chapter 13, Arti.c1e II, Section 13-27 of the Code of Ordinance
of the City of La Porte, is hereafter amended to read as follows, to-wit:
"Sec. 13-27. Correction or removal by City -- Generally.
(a) In the event of the failure, refusal or neglect of the owner of any
premises or property to comply with a notice given him pursuant to
this article, it shall be the duty of the Chief Building Official or
his duly designated agents to cause the weeds, brush, rubbish or
other insanitary matter or condition constituting a nuisance to be
promptly and summarily abated, in a reasonable and prudent manner,
at the expense of the City. The Chief Building Official or his duly
designated agents shall carefully determine the cost of such work
done and shall charge such costs against the owner of such premises.
Costs shall be based upon the charges shown below:
Charge per Charge Per Min. Bill
Lot Acre to Owner
$ 70.00 $ 100.00 $ 70.00
For the purposes of this ordinance, a lot is defined as being a
tract of property having dimensions of 50 feet by 125 feet.
(b) The City shall have the right to award any quantity of work
authorized under this section to a general contractor whose bid
shall be ~ccepted by the City Commission as the lowest and best
secured bid for doing the work mentioned in this section during a
stipulated time not to exceed one (1) year.
State Law Reference--Authority of City to correct or remove
conditions described in this Article, Vernon's Texas Codes
Annotated, Health and Safety Code, Part 1, ~342.001, et seq."
. Section 2. Chapter 13. Article II, Section 13- 28 of the Code of Ordinances
of the City of La Porte, is hereafter amended to read as follows, to-wit:
"Sec. 13-28. Same-- Filing of statement of expenses incurred.
After compiling the cost of the work as provided for in Section 13-
27, and after charging the same against the owner of the premises,
the Chief Building Official or his duly designated agents, shall
certify a statement of such expenses to the Customer Service
Division, who shall file the same with the County Clerk. (Ord. No.
716, s 4, 5-17-65)
The cost to remove the lien filed on the property shall be $50.00
per property.
State Law Reference--Statement to be filed, Vernon's Texas Codes
Annotated, Health and Safety Code, Part 1, ~342.007(b), et seq."
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Section 3. Chapter 23, Article II, Section 13 - 30 of the Code of Ordinances
of the City of La Porte, is hereafter amended to read as follows, to-wit:
"Sec. 13-30. Same--At owner's request.
Any owner of vacant property in the City shall have the right to
contract with the City to remove all such weeds and vegetation as
may grow on such real estate by requesting, in writing, the Chief
Building Official or his duly designated agents so to do, and by
agreeing to the charge to be paid therefor, not less than seventy
dollars ($70.00) per lot or a minimum bill to the owner of not less
than seventy dollars ($70.00) per occurrence. Charges shall
correspond with the table shown in Section 6 of this ordinance.
Section 4. 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 each sectio~, sentence, phrase or clause, or part thereof,
irrespective of the fact that any other section, sentence, phrase or clause, or
.
part thereof, may be declared invalid.
Section 5. Any person, as defined in Section 1.07 (27), Texas Penal Code,
who shall violate any provision of the ordinance, shall be deemed guilty of a
misdemeanor and upon conviction sh~ll be punished by a fine not to exceed two
thousand dollars ($2,000.00), and each day of such violation shall be deemed a
separate offence.
Section 6. 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 6251-17, 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 7. 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
newsRaper in the City of La Porte at least twice within ten (10) days after the
passage of this Ordinance.
PASSED AND APPROVED this the 27th day of April, 1992.
CITY OF I.A PORTE
BY:
Norman Malone, Mayor
ATTEST:
Cherie Black, City Secretary
APPROVED:
Knox Askins, City Attorney
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CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
FROM:
Robert T. Herrera, City Manager
~ff Litchfield, Director of Finance
April 22, 1992
TO:
DATE:
SUBJECT: Tax Collections and Delinquent Taxes
When compiling the 1991 Comprehensive Annual Financial Report, there was only
one number in the entire document that bothered me. It was the total amount
of Delinquent Taxes. The total Delinquent Taxes outstanding jumped from
$861,972 to $1,047,351 or 21.5%. This bothered me because 1991 was the best
year of collections we have had in the four years I have been here.
I visited with Ana Estrada, Tax Supervisor, and found there were two separate
items that accounted for the jump. The first was that there were still
accounts on the official roll that should not have been there. These relate
to the Warehouse problem with the Appraisal District, which will be discussed
later in this memo. The second was that there were several properties added
to the roll for property that had been omitted in prior years. This will
also be discussed later in this memo.
Because we will have to explain this to Moody's and Standard and Poor's at
some point in the future, I decided to perform a detail review of our
Delinquent Tax Roll. This review has not been done in prior years because of
limitations caused by the computer system. The new computer system that we
installed last summer is working properly and provides the data needed to make
this review.
Over the last two months, Ana has prepared several items of information that
were needed to perform the review. The date of the review will be April 20,
1992.
Background
The primary revenue source of the City of La Porte is the assessment and
levying of property taxes on property located in the City. Assurance that
these taxes are collected is essential to the on-going operations of the City.
Taxable property is identified and appraised by the Harris County Appraisal
District. We are notified of the property values by monthly communications
that are sent to us by the Appraisal District. These communications are in
the form of Certified, Supplement and Correction Rolls and are the official
values for the City. The City receives these Tax Roll adjustments for the
-current as well as prior years. The City cannot add or delete values from the
roll. Even though we sometimes know an error exists in the roll, we are not
allowed to correct it on our own; State Law requires we wait until we are
officially notified of the change by the Appraisal District.
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Dealing with the Appraisal District is a frustrating experience. It seems to
take forever to get anything done. It is not unusual for the turnaround time
of a request to be one year or more. The following examples demonstrate this.
An individual informed us in 1990 that an aircraft they owned had been sold to
someone else in 1987. On April 17, 1990, Ana informed the Appraisal District,
via a Change Form, of the problem. As of today, which is two years later, the
taxes are still on the roll, under the wrong name.
In 1986, the City of La Porte purchased land for the Fire Training Facility.
The property was finally placed in the City's name in January of 1992. In
April of 1991, the City received the Fairmont Park Swimming Pool and
associated park. As of today, the property has not been placed in the City's
name.
The reason the slowness of the Appraisal District has been highlighted is
because of the impact it has on our outstanding or delinquent taxes. Their
inability to respond promptly and provide us with accurate information has
caused an inflation of our Delinquent Roll. Another good example of this is
the Warehouse problem.
Warehouse Problem
In April of last year, the City was notified by the Appraisal District that
they had made a mistake with our Tax Roll. They had added property stored in
Warehouses located in our Industrial Districts to our Tax Roll when they
should not have been. The result was to remove $28,935,750 in taxable value
or $205,433 in taxes from our roll. As of April 20, 1992, the City's
Delinquent Tax Roll still contains $43,024.08 in taxes that are not legally
ours.
We met with Legal Council to see if we could pick up the properties, and
that per our current form of Industrial District Contract, we could not.
1993 when we execute new agreements, we plan to incorporate the means of
taxing this type of property.
found
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Collection Process
The Appraisal District provides the City with the Roll of official values.
The City uses the Roll to bill its property owners. If the property owner
does not pay their tax by the due date (January 31), a penalty and interest
amount is added. The City re-bi11s the taxpayer in May. If the tax is still
not paid five months after it was due (June 30), its collection is turned over
to our Delinquent Tax Attorney and an additional amount is added to the amount
the taxpayer owes.
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The Delinquent Tax Attorney uses techniques available to him to collect the
tax. These techniques include the filing of Tax Suits against the property
(owner) and tax seizures (personal property is seized and kept until the tax
is paid). Once a judgement is rendered in a suit, the City may have the
property sold in a Tax Sale. If the value received in the Tax Sale is greater
than the taxes owed on the property, each taxing entity receives their tax
amount. If the amount received in the Tax Sale is less than the amount owed
in taxes, there are three options. They are: 1) refuse the sale; 2) each
entity accept their pro-rated share of the amount that is received in the
sale, or 3) an agreement between the various taxing entities has to be reached
to determine who gets paid and who assumes ownership of the property.
The City, under my direction, has not initiated any Tax Sales or Tax Seizures.
We have participated in those that have been initiated by the School District
or the County.
The City's collection rate of Current Taxes is excellent. It was 98.32% in
1991 and would have been 99.02% if we had not had to wait on the Appraisal
District to correct their error regarding the "Warehouse Properties" they
added in error. The graph below shows the City's percentage of collection of
current taxes for the last ten fiscal years.
TAX COLLECTION PERCENTAGES
100
98 .......................... .......... .................................................................................................................................. ...
98 ....................................................................................... ......................................................................................
94 .................................................................... .........................................................................................................
92 ....................................................... .....................................................................................................................
90
82
83
84
85 86 87 88
FISCAL YEAR
89
90
91
- PERCENTAGE
3
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We contacted the State and found that they do not keep statewide records on
Tax Collections. We contacted a few area Cities and the La Porte ISD to see
how we compared to them in our collection efforts. This is what we found.
COMPARISON OF TAX COLLECTION RATES
BETWEEN AREA CITIES
ENTITY
SUGAR LAND
LA PORTE ISO
DEER PARK
LA PORTE
FRIENDSWOOD
PEARLANO
BAYTOWN
ALVIN
SEABROOK
99.1
98.85
98.4
98.32
95.62
94.96
93.78
92.31
88
90
92
94 96 98
PERCENTAGE
~ COLLECTION RATE
100
102
As you can see, we ranked fourth, and this is even with the handicap caused by
the inability of the Appraisal District to remove the properties that were not
ours (Warehouse) on a timely basis. If the Appraisal District had removed
those properties, we would have moved to second place with a 99.02 % rate.
Collection Detail for Fiscal Year 1991
The collection detail for 1991 is as follows:
1991 Total Taxes Billed
1991 Total Taxes Collected
1991 Taxes Not Collected
$7,164,013
7.044.141
119,872
Total Delinquent Taxes Collected
172,576
Based on these numbers, you would expect the total Delinquent Taxes that are
outstanding to be decreased by $52,704, the difference between the Delinquent
Taxes collected ($172,576) and the amount added to the Delinquent Roll
($119,872). The Delinquent Roll did not decrease, it actually increased by
$185,379. The reason it increased was because of changes made to prior year
rolls. Part of these changes were caused by the properties that Ana found
that had been omitted in prior years.
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Addition of Omitted Property
During fiscal year 1991, our Tax Supervisor found several real estate
properties that had been omitted from our Tax Roll. These properties were
located in La Porte Out1ots 691, 692, 693, 706, 707, 708, 709, 710 and 711.
The City was able to have these properties placed on our Tax Roll and taxed
back to 1984. The addition of these properties increased our taxes receivable
by $142,189.91. As of April 20, 1992, $76,929 of these taxes are still
outstanding.
Delinquent Tax Collections in 1991
In 1991, the City collected $172,576 in delinquent taxes. The history of
Delinquent Tax collections for the last ten fiscal years is:
Fiscal Year
Collections
1982
1983
1984
1985
1986
1987
1988
1989
1990
1991
$ 93,612
113,967
84,069
37,358
244,529
237,165
127,971
117,268
172,558
172,576
I have previously researched the large amounts collected in the 1986 and 1987
time frames and found that it was caused by property the City purchased.
Several of the properties that the City purchased in connection with its bond
program (i.e. Golf Course) had Delinquent Taxes and those had to be paid
before the property could be sold to us. The graph below shows these
collections graphically.
DELINQUENT TAX COLLECTIONS
THOUSANDS OF DOLLARS
300
260 ..................................................................................................................................
60
200
160
100
o
~ ~ M ~ ~ ~ ~ ~ ~ ~
FISCAL YEAR
~ AMOUNT COLLECTED
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Delinquent Roll as of April 20, 1992
The Delinquent Roll as of April 20, 1992 was $920,530, or a decrease of
$126,821 from the September 30, 1991 Roll of $1,047,351. Collections of
Delinquent Taxes Account for $94,201 and the remainder is attributed to
changes in the Tax Roll.
The Delinquent Tax Roll still contains $43,024.08 of properties associated
with the Warehouse problem. Since we know that these are not our taxes and
that they will be eventually removed, they are being removed from the roll for
further analysis, leaving a Delinquent Tax Roll of $877,506.24.
A few interesting statistics from the file are:
Number of Delinquent Bills
Average Bill Amount
Number of Different Owner Accounts
Number of Owner Accounts with:
Tax suits filed against them
Over 65
Aircraft as Personal Property
In Bankruptcy
Mobile Homes
Number Dollar Value
8,490 $ 877,506.24
103.35
2,921 877,506.24
305 247,988.90
11 5,830.40
82 21,625.73
110 45,086.15
180 25,345.07
The following list shows the distribution of the Tax Bills by their dollar
value.
Category Number Percent Value Percent
Less Than $5 815 9.60% $ 2,501 .29%
Greater Than $5 and Less Than $10 891 10.50 6,501 .75
Greater Than $10 and Less Than $25 1,740 20.49 28,795 3.29
Greater Than $25 and Less Than $50 1,598 18.82 58,393 6.65
Greater Than $50 and Less Than $100 1,468 17.29 106,321 12.13
Greater Than $100 and Less Than $250 1,380 16.25 207,282 23.63
Greater Than $250 ~ 7.05 467.282 53.26
T~ta1s 8,490 877 ,056
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CI'lY OF LA PORTE
.
APRIL 21, 1992
TO: Mayor and City Council
FROM: Robert T. Herrera, City Manager
G(I~A..J_~'
SUBJECT: Smoking Ordinance No. 1695
Please review the attached correspondence related to Ordinance No. 1695 which
addresses smoking in public places. On Monday, April 27, 1992, staff will review
this information during the scheduled Council meeting.
. .
xc: Cherie Black
John J oems
Ervin Griffith
Paul Hickenbottom
.
SECTION I
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MEMORANDUM
April 20, 1992
TO: Robert Herrera, City Manager
FROM: Cherie Black, city Secretary
SUBJECT: Smoking Ordinance
After passage of Ordinance 1695, the "smoking ordinance", letters
were sent to all businesses in the city of La Porte, informing them
of the ordinance and its contents as pertained to their business
and asking that they respond to the City with a written smoking
policy. The listing was taken from water service records.
When replies came in, each business was offered one free sign, with
more available at $1.40 per sign. Some businesses had already put
up their own signs; these were allowed to stay in place.
There are currently 93 businesses registered, including some
churches, apartments and chemical companies. A listing of these is
included with this memo.
It is my understanding that the Fire Inspector is moni toring
businesses for compliance with the smoking ordinance when making
her routine inspections. I have had only one citizen complaint
since the ordinance went into effect, regarding smoking in a
business. That was last month, and was taken care of promptly by
the Fire Marshal.
Attached are copies of material you might find pertinent to this
ordinance. . ,
If. you need further information, please let me know.
~#d
Cherie Black
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ORDINANCE NO. 1695
AN ORDINANCE PROHIBITING SMOKING IN PUBLIC PLACES EXCEPT IN
DESIGNATED SMOKING AREAS; MAKING FINDINGS OF FACT; DECLARING SMOKING
TO BE A PUBLIC NUISANCE; DECLARING THAT A PERSON COMMITS AN OFFENSE
IF THE PERSON SMOKES AT A PUBLIC MEETING OR ANY PUBLIC PLACE AND THE
PERSON IS NOT IN A DESIGNATED SMOKING AREA, AND PROVIDING THAT SUCH
OFFENSE IS A MISDEMEANOR; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING THAT ANY PERSON VIOLA'rING ANY
PROVISION OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR
AND UPON CONVICTION SHALL BE PUNISHED BY A FINE OF NOT MORE THAN TWO
HUNDRED DOLLARS ($200.00); PROVIDING FOR THE PUBLICATION OF THE
CAPTION OF THIS ORDINANCE; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the Surgeon General of the United States has declared
that smoking is the number one public health issue of our time; and
WHEREAS, smoking adversely affects health of employees and
customers of businesses; and
WHEREAS, the City of La Porte recognizes the increasing
evidence that smoke creates a danger to the health of some citizens,
and is a cause of annoyance and discomfort; and
WHEREAS, in order to protect the health and welfare of those
citizens, as well as to protect the rights of smokers and
nonsmokers, it is necessary to restrict smoking in public places
except in areas designated as smoking areas; and
WHEREAS, the unregulated spread of the detrimental effects of
~~
smoking and the potential harm smoking creates to some citizens of
" the City is hereby declared a nuisance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF LA PORTE: ....
Section 1. That the Code of Ordinances of the City of La Porte
is hereby amended by adding a Section to be numbered 12 1/8-1,
"HEALTH," which said section reads as follows:
Section 12 1/8-1, "HEALTH." Smoking prohibited in public
places.
(a) Definitions.
1. "Public meeting" means a meeting open to the public and
held in an enclosed area unless the meeting is held in a
private residence.
2. "Public place" means an enclosed, indoor area where
individuals commingle to engage in commerce, recreation,
educational activities or transportation, and includes:
City Attorney/Third Draft/March 20, 1990
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ORDINANCE NO. 1695
Page 2
(A) all or part of a building used for state or local
governmental purposes;
(B) a retail store, office, or other commercial
establishment;
(C) a grocery store;
(D) a restaurant or cafeteria;
(E) public school facilities;
(F) a school bus;
(G) a health care facility, including but not limited to
laboratories associated with the rendition of health
care treatment, hospitals, nursing homes, and
doctors' and dentists' offices;
(H) a theater, movie house, gymnasium, museum,
auditorium, convention center, or arena;
(I) a. public means of mass transportation, including
associated terminals;
(J) a courtroom;
(K) a jury waiting or deliberation room;
(L) a library
(H) a place of employment;
(N) a place providing personal services;
(0) a service line, cashier area, over-the-counter sales
area, or common traffic area;
(P) an elevator;
(Q) a hotel or motel; or
(R) a restroom; or
(5) any area or building in which smoking is prohibited
by state law.
3. .Smoke,. "smokes," or "smoking" includes:
. .
(A) carrying or holding a lighted pipe, cigar, or
cigarette of any kind or any other lighted smoking
equipment or device;
(B) lighting a pipe, cigar, or cigarette of any kind or
any other smokiDq equipment or device; or
(C) emitting or eXhaling the smoke of a pipe, cigar, or
cigarette of any kind or any other smoking equipment
of device.
4. "Employee" means a person who is employed by an employer
in consideration for monetary compensation or profit.
5. .Empl~yer" means a person, partnership, corporation,
association, or other entity that employs one or more
persons.
6. "Place of employment" means an enclosed, indoor area under
the control of an employer to which employees have access
during the course of employment, and includes work areas,
employee lounges, employee rest rooms, conference rooms,
and employee cafeterias. The term does not include a
private residence.
(b) Offense.
1. A person commits an offense if the person smokes at a
public meeting or in a public place and the person is not
in an area designated as a smoking area under subsection
(d) of this ordinance.
2. It is an exception to the application of subsection 1 of
this section that the person is smoking:
(A) in a situation in which the person is present at an
event in which an entire room or hall is used for a
private social function;
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ORDINANCE NO. 1695
Page 3
(B) in a public place for which a waiver has been granted
under section (h)2 of this ordinance; or
(C) as a participant in an authorized theatrical
performance.
(cl Penalty. An offense under this section is a misdemeanor,
and any person who shall violate any provision of this
section shall, upon conviction, be punished by a fine not
to exceed Two Hundred Dollars ($200.00).
(d) Designation of smoking areas.
1. Except as provided by subsection 5 of this section, a
proprietor or person in charge of a public place who
desires to permit persons in the public place to smoke
shall designate areas as smoking areas. If the public
place is a government building, the governmental entity
responsible for managing and maintaining the building may
designate areas as smoking areas.
2. The proprietor or person in charge is not required to make
structural or physical modifications to accommodate the
smoking area, but existing physical barriers and
ventilation systems shall be used to minimize the effect
of smoke in adjacent nonsmoking areas.
, i
3. Each employer who operates a place of. employment shall
develop, implement, and maintain a written smoking policy
that accommodates the wishes of smoking and nonsmoking
employees by designating smoking and nonsmoking areas. If
a dispute arises, the preferences of nonsmokers shall be
accomodated. Upon request, the City shall assist
employers in developing and implementing such written
smoking policy. The City shall develop a model or
suggested written smoking policy, and distribute the same
upon request to all employers in the City, for their use
and guidance in developing and implementing their own
written smoking policy. This ordinance does not prohibit
an employer from designating a place of employment in its
entirety as a nonsmoking area. Each employer in the City
shall develop and implement a written smoking policy no
later than December 31, 1990.
4. It shall be the responsibility of an owner of non-
res~~~ntial buildings constructed after passage of this
ordinance to establish proper and adequate ventilation and
seating arrangements to accommodate smokers and
nonsmokers.
5. The proprietor or person in charge of a restaurant that
has a seating capacity for more than 25 persons, and that
wants to have smoking and nonsmoking areas shall designate
a smoking area proportionate in size to the number of
customers normally requesting a smoking area. This
ordinance does not prohibit a proprietor or person in
charge from designating a restaurant in its entirety as a
nonsmoking area.
6. A smoking area may not be designated in:
(A) an elevator;
(6) a bus;
(el a public means of mass transportation;
(D) a rest room;
(E) a service line, cashier area, over-the-counter sales
area, or common traffic area;
(F) a place in which smoking is prohibited by the fire
marshal of the state or a political subdivision or by
other law, ordinance or rule;
. .
. .
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ORDINANCE NO. 1695
Page 4
(G) a public school facility;
(H) a theater or movie house~
(I) a library;
(J) a museum~ or
(K) a hospital.
7. No place other than a restaurant with a seating capacity
for 25 customers or fewer, a grocery store with less than
4,000 square feet of retail floor space, a bar, or a
retail store that primarily sells tobacco may be
designated as a smoking area in its entirety. If a
restaurant, grocery store, bar or tobacco store is
designated as a smoking area in its entirety, that fact
shall be posted conspicuously at all entrances to the
premises.
(e) Signs.
1. A proprietor or person in charge of a public place shall
place signs visible at each entrance to the premise to
notify persons entering the premises that smoking is
prohibited or that smoking is prohibited except in areas
designated as smoking areas.
2. A proprietor or person in charge of a public place shall
post in a conspicuous place in any area designated as a
smoking area signs stating that smoking is permitted in
the area. The proprietor or person in charge shall post
signs in the premises stating "No Smoking" or "No Smoking
Except in Designated Areas" as appropriate.
(f) Reasonable effort to prevent smoking. A proprietor or
person in charge of a public place shall make a reasonable
effort to prevent smoking by:
1. designating any areas where smoking will be permitted as
required by subsection 12 1/S-1(d)~
, .
2. posting signs as required by subsection 12 I/S-I(e);
3. asking smokers to refrain from smoking in all other areas
on request of a client, patron, or employee suffering
discomfort from the smoke.
(g) Faci~ities to extinguish smoking materials. All public
conveyances and public places shall be equipped with
facilities for extinguishment of smoking materials.
Facilities for extinguishment of smoking materials that
are located in areas of public places other than
designated smoking areas shall be accompanied by clearly
visible signs stating "No Smoking."
(h) Administration.
1. The City Manager shall adopt rules necessary under this
ordinance and shall implement and determine compliance
with the ordinance.
2. The City Manager may, on request of a proprietor or person
in charge of a public place, waive the requirements of
this ordinance if the City Manager determines that there
are compelling reasons to do so and the waiver will not
significantly affect the health and comfort of nonsmokers.
(i) More restrictive requirements. Nothing in this ordinance
shall prohibit the proprietor or person in charge of a
public place from adopting nonsmoking requirements that
are more restrictive than those set forth in this section.
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ORDINANCE NO. 1695
Page 5
Section 2. All ordinances or parts of ordinances inconsistent
with the terms of this ordinance are hereby repealed; provided
however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be
cumulative of other ordinances regulating and governing the subject
matter covered by this ordinance.
Section 3. If any provisions, section, exception, subsection,
paragraph, sente~ce, clause or phrase of this ordinance or the
application of same to any person or set of circumstances, shall for
any reason be held unconstitutional, void or invalid, such
invalidity shall not affect the validity of the remaining provisions
of this ordinance or their application to other persons or sets of
circumstances and to this end all provisions of this ordinance are
declared to be severable.
Section 4. Any person who shall violate any provision of this
ordinance shall be deemed guilty of a misdemeanor and upon
conviction shall be punished by a fine of not more than Two Hundred
Dollars ($200.00).
~~
Section 5. 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 the ten (10) days after the passage of
this Ordinance.
Section 6.
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 th~ eublic 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
. .
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ORDINANCE NO. 1695
Page 6
and confirms such written notice and the contents and posting
thereof.
Section 7. This Ordinance shall be effective from and after
its passage and publication as required by law.
PASSED AND APPROVED, this 26th day of March, 1990.
CITY OF LA PORTE
~I
BY?' . ..?/ ~~~(
:ta~{:, Ma~, Mayor
Il.TTEST:
?~/J~/ .1tJ~
Cherie Black
City Secretary
APPROVED: ;/ ,
~uJ~
Knox W. Askins
City Attorney
-,,'"
. .
.I'
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SECTION II
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RECEIVED,
CITY OF LA PORTE FIRE DEPARTMEN
OFFICE OF THE FIRE MARSHAL
INTER-OFFICE MEMORANDUM
APR 2 0 ~'N2
DATE:
APRIL 16, 1992
Ci fl ,vIANAliiRS
OFFICE
SUBJECT:
ROBERT T. HERRERA, CITY MANAGER
PAUL R. HICKENBOTTOM, FIRE MARs4..;7 vf.r;{(.I~
NO SMOKING ORDINANCE #1695
TO:
FROM:
On March 26, 1990, the above listed ordinance was passed, and
on December 6, 1990 a letter along with a copy of the ordinance was
sent out under your signature, to all commercial businesses,
advising them of the No smoking Ordinance, and the three contact
personnel, (#l-Cherie Black, #2-Ervin Griffith, and #3-
Paul Hickenbottom).
In regards to the part the Fire Marshal's office was to play
after the passage of this ordinance, it was my understanding that:
1. During routine Fire Prevention inspections made by the Fire
Inspector, the Inspector would check to see that the required City
sign(s) were posted. If the signs were not posted, the Inspector
would contact the owner or manager and make them aware of the
ordinance.
2. If a smoking complaint or question was received, I would
contact the caller, owner or manager, and handle it.
, i
In the past, I have handled complainants for:
, .
. .
1. Happy Harbor Apartments
2. Hi-Lo Auto Parts
3. Flowers Bread store
4. La Porte -Airport
5. Allen Kerber Auto Parts
. .
In respect to the ordinance, I have received complaints from
businesses, that they do not feel the ordinance is fair in the way
it is enforced, ie: EXAMPLE- Why can people smoke at convenience
stores that sell gasoline and food, but people can't smoke where
break shoes and spark plugs are being sold? A general comment I
have received is, We don't need the~City of La Porte telling us who
can or can't smoke in our businesses, unless it is a fire hazard,
or regulated by State Law.
In closing, as long as this ordinance is on the books, I
and/or the Fire Inspector, will as time permits, handle complaints
and check to see that it is being complied with.
e
SECTION III
e
To:
From:
Re:
Date:
. .
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RECEIVED
APR 2 0 If .
INTER OFFICE MEMORANDUM
CiTY i~'ir\i~AGERS
OFFICE
Robert T. Herrera, City Manager
~.~
Ervin J. Griffith, Building Official
Ordinance No. 1695 (Smokinq Ordinance)
April 16, 1992
The Inspection Division has answered questions
concerning the smokinq ordinance since its adoption on
March 26, 1990. Until recently we believed this was
our only role in the enforcement of the ordinance.
We have changed our procedures
following:
to include
the
1. Handing out copies of the ordinance to new
business ventures.
2. Making notes on plan reviews of commercial
plans for new establishments.
3.
"''''
Our inspectors will check for compliance when
doing other inspections at a place of
business.
4. We are adding a section to our Tips For
Commercial Builders Booklet that we are in
the process of rewriting.
I would suggest we might look at Section 1. Cd) 4. of
the ordinance to see if we might clarify the
requirements of a new nonresidential building. Ci.e.
(1) Is a partition wall required between smoking and
non smoking? (2) What is adequate ventilation? This
might be stated in numbers of air changes per hour.] I
feel that these changes need to be considered.
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SECTION IV
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MEMORANDUM
January 28, 1991
TO: Bob Herrera, City Manager
FROM: Cherie Black, City Secretary
SUBJECT: Smoking Policy Respondents
As of this date, there have been 76 written smoking policies
returned to the ci ty . Of these, five (5) were from local
restaurants.
A follow-up letter is being sent to those businesses, including
restaurants, which have not yet responded.(~~~~~,)
~
Cherie Black
"'..-
.'
,,,'
"
~-
. .
/~-;:~.. e CITY OF LA~ORTE
t,.:~~" i ~
:'~c.~:;;f,.:~ . ,._' _ .
:i~lll:;i;!~JJ'b~;,~~O";~~;:~~~~i'~~~'t:rJ~~^~~~~~;',:'~~_~_
DRAFT
January 28, 1991
Name
Address
City
Re: Smoking Policy/City of La Porte Ordinance 1695
Dear
Please consider this letter as a follow-up to the letter sent by
City Manager Bob Herrera on December 6, 1990, regarding City
Ordinance 1695, which prohibits smoking in public places except in
designated smoking areas.
>''''
This Ordinance went into effect December 31, 1990. As yet, a
wri~~en smoking policy for your business has not been received.
Therefore, we would appreciate a reply from you at your earliest
convenience so that your business will be in compliance with the
. Ordinance.
If you have any questions, please do not hesitate to contact me at
471-5020, ext. 221, between the hours of 8:00 A.M. and 5:00 P.M.,
Monday through Friday.
Sincerely,
Cherie Black
City Secretary
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MEMORANDUM
April 24, 1991
TO: Bob Herrera, City Manager
FROM: Cherie Black, City Secretary
SUBJECT: Smoking Ordinance Compliance
The following is a list of business organizations from which we
have received a written smoking policy.
. .
1001 Building - 1001 West H Street
Action Tire & Road Service
Ann's Elegant Junque Shop
Askins & Armstrong, Attorneys at Law
Barbour's Cut Import Service, Inc.
Bath Electrical Systems
Bay Area Home Health
Bay-Porte Animal Clinic
Bayshore Federal savings Association
Bayshore Office Supply
Bayshore printing Company
Bayshore Travel
Beacon School
Ben Franklin Store
B & J Book Store
'13ravura Frames
Brookglen Community Improvement Association
Bulldog Game Room
Cards, Etc.
Chemlime .,"
City Hall Building
City of La Porte Animal Shelter
Cliff Hyde Flying Service
Coastal Family Medicine
containerhouse of Texas
Crow's Nest Art Gallery
Dance World Studios, Inc.
Dow Pipeline
DuPont La Porte Federal Credit Union
Entex
Express Lane Food Store #25
Exxon Pipeline Company
Fairmont Park Beauty Salon
Fairmont Park Baptist Church
Family Circle Inn
Fantastic Sam's
First Baptist Church
.. i
e
Memo, Bob Herrera
Smoking Ordinance Compliance
April 24, 1991, Page 2
, .
Forrest Services, Inc.
Fraternal Order of Eagles
Gomer's Pharmacy
Gulf Central Aviation
H & R Block - 919 South Broadway
H & R Block - Spencer & Underwood
Happy Harbor Apartments
Happy Harbor
Highway Transport
Holiday Foods Minimax
Hughes Office Supply
Integrated Exploration Services, Inc.
International Trading Post
J.B.N./Transport Express
Joe Camp Ford
Josie's Hair Design
Junior's Place
Jubelle's Game Room
Ken strum Insurance
Kettle Restaurant
Kroger Store 198
La Porte Care Center
La Porte Feed & Supply
La Porte Ice Company
La Porte Nursery
La Porte vision Center
La Porte Veterinary Clinic
'La Quinta Motor Inn
Les Marks Chevrolet
Main properties
Matheson Gas Products
McDonald's d'
Mechanical Repair & Engineering
Merle Norman Cosmetics
Merritt Shell station/Food Mart
Mock Clinic
Moore & Moore Audio
Moore & Moore General Contractors, Inc.
Moore & Moore Lumber
Partner's Pub and Club
pilgrim Cleaners
Pipe & Valve, Inc.
posey's TV
PPG Industries, Inc.
Public Works Building
Red Carpet Bay Area properties
Roachell's Barber Shop
Rosita's Mexican Restaurant
Ruede Wheeler, DDS
......
.-
, .
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Memo, Bob Herrera
Smoking Ordinance Compliance
April 24, 1991, Page 3
santi service station
Semac Industrial Services
Sigma Projects Construction, Inc.
st. James Presbyterian Church
Tammie Jay Apartments
l\ Trinity Baptist Church
T. L. Walker Bearing Company
It is my understanding that the Fire Marshal has employed an
inspector, one of whose duties will be to monitor compliance with
the smoking ordinance.
If you need further information, let me know.
Cherie Black
cc: Mayor and City Council
~~
. ..
. ,.
e
SECTION V
e
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J'<':' .
Ii . ... .... ..q".
~_.."...... --
· CITY OF LA 'ORTE
PHONE(713)471.5020 . P.O.BoXll15 · LAPORTE,TEXAS77571
..~-<.:,,~~~..-- ~~~;.r'~~.:...~...".~."';',',.,:._"',_:,:~"...,q:~:;:~.;;,;..:.:.,~.~~.-._. '.~~ _/~:7~/rd-
..~_~~~~~.....,; ." .__. .::::;=.. ~. -. -_ ....-,....:.. .. .......-4 .r.....
DeceIDber 6, 1990
fi I eo. ~'1
PIPE & VALVE, INC
11837 FAIRMONT PKWY
LA PORTE, TX
77571
Dear Employer:
Please be advised that City Ordinance No. 1695 goes into effect on
December 31, 1990. This Ordinance prohibits smoking in public
places except in designated smoking areas. Many of you will recall
that the City held several public meetings on this ordinance and
worked with the Chamber of Commerce and received community input
prior to adopting this document.
If you are interested in a copy of Ordinance No. 1695, please
contact Mrs. Cherie Black, City Secretary, and she will provide you
with a copy at no charge.
It's important to note that Ordinance No. 1695 contains certain
requirements you need to know in order to be in compliance with its
intent. The following consideratIons should be taken into account.
1)" The intent of Ordinance No. 1695 is to restrict smoking
in public places except in areas designated as a smoking
area. The owner or person in charge of a public place
determines what areas to designate as smoking and non-
smoking areas with the exception that a smoking area may
not be designated in:
A) An elevator;
B) A bus; _
C) A public means of mass transportation;
D) A public restroom;
E) A service line, cashier area, over-the-counter sales
area, or common traffic area;
F) A place in which smoking is prohibited by the Fire
Marshal of the state or a political subdivision or
by other law, ordinance, or rule;
G) A public school facility;
H) A theater or movie house;
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December 6, 1990
Page 2
I) A library;
J) A museum; or
K) A hospital.
2)
city Ordinance No. 1695 will not require the owner to
make structural or physical modifications to accommodate
the area designated as smoking or non-smoking.
Ordinance No. 1695 does require you to file a written
smoking policy with the City designating the smoking and.
non-smoking areas of your establishment. A sample
written smoking policy is attached for your review. Once
you have written your smoking policy, please forward it
to Mrs. Cherie Black, City Secretary.
3)
4)
Under Ordinance No. 1695, you can designate your place
of employment in its entirety as non-smoking. This
option can serve as your written smoking plan.
5)
Ordinance No. 1695 has a provision that specifically
addresses restaurants with a seating capacity of 25
customers or less, grocery stores with less than
4,000 sq. ft. of retail space, a bar, or tobacco shops.
These establishments may be designated as a smoking area
in their entirety ifnPtices are properly posted.
9~
The City of La Porte will purchase standard signs that
can be used in complying with Ordinance No. 1695, which
requires the posting of one (1) of these signs
conspicuously at all entrances to the premise.
* "No s'mokingll or
* IINo Smoking Except in Designated Areas"
The.~it~w~l~ provide the first si~n at no ch~rge to the
bUS1n'ess"~~er_ Subsequent sl.gns may l.nclude an
administratIve charge. Please indicate which sign would
be appropriate for your location, and the City Secretary
will supply you with an appropriate sign.
While it appears the deadline for complying with Ordinance No. 1695
is not far away, please do not become overly alarmed. The
requirements of the ordinance are not complex. City staff will be
more than happy to work with you on this important matter should
you require their assistance or further clarification. I have
included phone numbers of my staff members who can answer your
questions on Ordinance No. 1695.
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December 6, 1990
Page 3
I hope this effort to address some of the highlights of Ordinance
No. 1695 helps. Please do not hesitate to contact the staff
members assigned to work on this project at 471-5020. They are:
Cherie Black, City Secretary - Ext. 221
Paul Hickenbottom, Fire Marshal - Ext. 520
Ervin Griffith, Chief Building Official - Ext. 256
Sincerely,
G~-t T. \\-~
Robert T. Herrera
city Manager
RTH/ms
Attachment
xc: Mayor and city council
Cherie Black, city Secretary
.,,,
, .
. ...,
. .
?-
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:>r'" .~"";'':''~~'"
. . -::f~:"" . ". _~:::_
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SAMPLE COpy
SMOKING POLICY FOR LA PORTE CITY HALL
1. Smoking will not be allowed in the following locations in City
Hall.
a. Any foyer, hall, or common area within the building
b. Any restroom facility within the building
c. The break-room/kitchen
d. The Council chambers
e. The conference room located behind the Council chambers
f. The counter areas of the Code Enforcement and Revenue
Collection divisions
g. The counter area of the switchboard
h. The computer room
i. The vault
j. The "resource" room
k. The copy room
1. Desks occupied by secretaries or other personnel, that
are situated in a common area of the building
2. Smoking will be allowed in the following locations in city
Hall.
a. Private offices, at the discretion of the occupant
b. Semi-private offices (those set off by partitions, etc.),
at the discretion of the occupant
3. When a non-smoker is in an~~llowed smoking area, smokers will
honor the wishes of the non-smoker who is in the room.
4. Entrances to City Hall will have signs displayed indicating
that smoking is allowed only in designated areas.
.~-
Receptacles for use in extinguishing smoking materials will
be placed at 'entrances to City Hall for citizen convenience.
Designated smoking areas will have signs indicating that
smoking is allowed in that area. All other areas will be
cons idered.'1'iCn~s~king areas.
7. A smoking area in each department for use by smokers who do
not occupy a private or semi-private office, may be designated
in each department at the - discretion of the department
supervisor.
6.' .
5.
, .
8. Failure to follow the above guidelines is a violation of City
of La Porte Ordinance No. 1695. Violators may be subject to
disciplinary action and/or a fine not to exceed $200.00.
Date
Employer
e
SECTION VI
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SECTION VII
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NO\). <10 e
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PRESS RELEASE
SMOKING ORDINANCE DEADLINE NEARS
With the December 31, 1990, date approaching for local
businesses to begin following the city of La Porte smoking
ordinance requirement to "develop, implement, and maintain a
written smoking policy... ", city staff has asked that business
owners pick up a copy of the ordinance at the office of the City
Secretary. By following regulations in the ordinance, a smooth
transition should be accomplished. Staff emphasized that no
business is exempt from some sort of smoking regulations, and all
business owners should become familiar with what applies to their
business.
copies of the ordinance may be obtained at no charge to
business owners.
"...
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MINUTES OF THE EXECUTIVE STAFF MEETING
NOVEMBER 15, 1990
Previous Items:
1. Approve Minutes of November 8, 1990
Motion was made by Joel Albrecht and seconded by stan Sherwood
to approve the November 8 minutes as presented. All in favor.
Discussion Items:
1. Letter from Clemencia Sebesta Re: Inconvenience - Main street
Fair (Bob Herrera)
Letter was received regarding not being able to access her
mother's home (on Main Street) due to alley being blocked and
asking that music not be placed so close to her mother's home
next year. Stan Sherwood will have a letter drafted for Bob
Herrera's signature stating that the alley will be left open.
Acting Police Chief Bobby Powell will have a letter from the
Police Officer's Association sent, apologizing for the noise.
2. Letter from Harris County Community Development Agency Re:
Proposals for Community Development Block Grant (Joel
Albrecht)
Letter indicated that the North La Porte area has been
designated as a selected target area for FY 1991 CDBG funding
and that priority would be given to proposals received from La
'porte which would benefit this area.
According to Joel Albrecht, public meetings have been set up
as follows: November 29 at the Planning and Zoning commission
meeting, and"becember 10 at the La Porte City Council meeting.
Notices have been placed around town. Staff recommended the
following proposed projects: demolition of substandard
buildings; drainage on Madison; cleanup of north-side parks,
etc. Comments are due at the next staff meeting on any other
proposed projects.
3 . Memo from Orville Burgess Re: New Driver License Requirements
(John Joerns)
Memo reviewed new driver license requirements for Commercial
Drivers License. Steve Gillett commented that it will take
awhile, but "we'll get it under control." Staff agreement was
that if an employee has a license about to lapse, the employee
can go get his license on City time, but the City will not pay
for the license.
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staff Meeting Minutes
November 15, 1990, Page 2
4. Press Release Re: Smoking Ordinance Deadline Nears (Cherie
Black)
Press release was reviewed and suggestion made by John Joerns
that the words "deadline" and "compliance" be changed to
something less harsh. Champ Dunham will get a copy of the
smoking ordinance to give to Paul Hickenbottom, with the
request that Paul look at it, read it with a "layman's" eye,
and come up with an outline covering everything a business
would need to comply with the ordinance. This will be brought
to the next staff meeting on November 29. The ordinance and
outline will be sent to La Porte businesses, with a cover
letter of explanation. A copy wil\l also be sent to the
Chamber of Commerce.
5. Information Re: Neighborhood Centers 1990 Christmas Basket &
Toy Distribution Project (stan Sherwood)
stan reviewed this project. Staff will suggest that instead
of name drawing at City Hall this Christmas, toys be brought
in for the Neighborhood Centers project. It will be
emphasized that if individual divisions wish to draw names
among themselves, this is perfectly acceptable.
6. Review Monthly Calendar
sports ad hoc committee meeting at 7:30 on November 15 and a
Planning & Zoning Commission meeting on November 29 were
''added.
Bob Herrera: Asked about completion date for Northwest Park
parking lot and was informed that it was scheduled to be poured the
day after Thanksgiving. Bob reported on the meeting with the EPA
in Dallas.
There being no further reports, the meeting adjourned.
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SECTION VIII
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MEMORANDUM
October 15, 1990
TO: Robert Herrera, city Manager
FROM: Cherie Black, City Secretary
SUBJECT: smoking ordinance/Reply
In reply to your memo regarding which department is responsible for
enforcement of the smoking ordinance, section 1 (h)l and 2 state
that:
"1. The City Manager shall adopt rules necessary under this
ordinance and shall implement and determine compliance with the
ordinance. II
and
"2. The City Manager may, on request of a proprietor or
person in charge of a public place, waive the requirements of this
ordinance if the City Manager determines that there are compelling
reasons to do so and the waiver will not significantly affect the
health and comfort of nonsmokers."
These two sections are the only enforcement areas addressed.
""
Cherie Black
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MINUTES OF THE EXECUTIVE STAFF MEETING
OCTOBER 18, 1990
Previous Items:
1. Approve Minutes of October 4, 1990
Motion was made by steve Gillett to approve the October 4
minutes. An addition was made on item 5 under Discussion
Items to reflect that the population signs will be coordinated
with the city limit signs. Motion to approve was seconded by
Bobby Powell. Motion carried, with Cherie Black, Joel
Albrecht, John Joerns and Jeff Litchfield abstaining.
Discussion Items:
1. Letter from La Porte Texans' War On Drugs Re: Red Ribbon Week
(Bob Herrera)
The letter from Nancy Neely, President of the La Porte Texans'
War on Drugs listed activities for Red Ribbon Week which will
be observed the week of October 22 through 28.
2. Letter from Texas Department of Health Re: Public Drinking
Water Supply (Bob Herrera)
The letter was reporting four minor items of noncompliance
with Department regulation:;;. steve Gillett noted that when an
inspection is made, the Texas Department of Health sees fit to
find at least one noncompliance. His department has
'everything under control.
3.. Letter from city of Morgan's Point Re: Commendation of Police
Department (~?b Herrera)
The letter was from Morgan's Point Mayor John Grimes and
commended our police department in handling the September 219
demonstration at Barbour's Cut Terminal. Acting Chief Bobby
Powell informed staff that he had posted the letter at the
police station and had written a letter to each officer
involved.
4. Letter from Charles Dippel Re: Allen Ray Prince Case (Bob
Herrera)
Announced that a new date of November 5, 1990, had been set
for the hearing.
5. Letter from La Porte Beautification, Inc. Re: Tree Project
(John Joerns)
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staff Meeting Minutes
October 18, 1990, Page 2
Copy of a letter to Commissioner Fonteno from John Armstrong
was reviewed. The letter thanked Mr. Fonteno for his
cooperation in the project, and they would continue to work
with Mr. Fonteno and his representatives.
stan Sherwood will take this information back to his
coordination group and tell them we can expect to work with
the county through Community Development and other
departments.
6. FAX from Harris County Flood Control District (John Joerns)
Application had been received by Corps of Engineers and Texas
Water Commission for proposed channel improvements at Highways
146 and 225. Corps of Engineers was soliciting comments
relative to the request. Community Development will write a
letter for the Mayor's signature recommending approval of the
permit. Joel will also get in touch with Betty Waters to see
if she wishes to comment or get residents to send letters
recommending approval.
7. Memo from Bob Herrera Re: Smoking Ordinance (Cherie Black)
This item pertained to which department or division is
responsible for enforcement of the smoking ordinance.
According to the ordinance, the City Manager is the
responsible agent. The ordinance will be reviewed to pursue
an alternate enforcing officer. An article will be submitted
'to the Bayshore Sun regarding the deadline for compliance.
Cherie Black will draft a model written smoking policy that
business may adapt their policy to.
Status of smoking policies of each ci ty department was
reviewed. Parks and Recreation will have theirs submitted on
October 25; Fire Department's should be ready by November 1;
EMS has theirs almost ready.
8.
Inquiry from Bob Herrera Re: Assistance in Making Private
Residence Handicapped Accessible
Bob had been asked about the above. Steve stated that any new
construction of curbs, it is a requirement to be made
handicapped accessible; any repairs being done are repaired to.
handicapped accessible. Steve will report on an approximate
cost to do a private residence; this has never been requested
before.
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staff Meeting Minutes
October 18, 1990, Page 3
Miscellaneous ReDorts
Jeff Litchfield: The modular furniture for Finance and Revenue
Collections will be arriving next week. He needs to get rid of the
existing furniture, including moving it. stan Sherwood volunteered
his workers to help with this project.
steve Gillett: Inquired about new telephone system. Was told that
Sue Lenes is working on a report which should be done soon. Bob
Herrera stated he would like to take it to Council at a November
meeting.
Joel Albrecht: Northwest Park parking lot construction has begun,
as has golf course rest rooms. The #7 fairway bridge at the golf
course will be done next week.
John Joerns: Three quarterly reports have been done this year.
The fourth one needs to be more of a year-end summary report rather
than a quarterly report.
A memo will be going out regarding special computer proj ects.
Requestors should go directly to Larry; a work order form will be
provided.
John and Cherie will get together to set guidelines for callers who
wish information concerning HCS.
I ~
The Fairmont Park Homeowners Association wants to meet with city
representatives regarding the city taking over the Fairmont Park
pool and adjoining property.
The Chamber magazine is being updated. Some facts need to be re-
done, mainly in tne areas that Joel and Jeff would handle. If you
know of any changes that need to be made, give them to John Black.
There being no further reports, the meeting adjourned.
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SECTION IX
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CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
January 23, 1990
TO:
stan Sherwood, Parks & Recreation Director
Paul Hickenbottom, Fire Marshal
SUBJECT:
Robert T. Herrera, City Manager
cx-rA
Proposed Smoking Ordinance
FROM:
Attached for your review is a proposed ordinance establishing
smoking regulations within the city of La Porte.
I would like for you to provide me with written comments on this
proposal. If you find any areas you do not agree with, please
provide me with alternative language. I'm looking for solutions
not additional questions.
I look forward to your response.
RTH/ms
Attachment
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REOUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
4-27-92
Requested By: stan Sherwood
X Report
Exhibits:
Department:
Resolution
Parks & Rec.
Ordinance
Bid Tabulation for La Porte Recreation/Fitness Center Equipment
SUMMARY & RECOMMENDATION
Advertised sealed bids #0477 for fitness equipment for the La Porte
Fitness Center were opened and read on April 6, 1992. Bid requests
were mailed to ten (10) suppliers with five (5) returning bids.
Out of the five (5) bids we received, only two (2) bidders met
specifications and warranties, they were Futurfit and Haden
Industries.
Bid package was arranged so that we could take low bid on each item
that meets specifications. In doing this, Futurfit would receive
eight (8) items and Haden Industries would receive six (6) items.
This would total $30,319.00 which is more than Hadens discounted
prices of $30,039.24.
Action Required by Council:
Award bid to Haden Industries for the purchase and installation of
Fitness equipment for the La Porte Recreation/Fitness Center.
Availability of Funds:
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
X
Account Number:034-800-520-780 Funds Available: ~ YES NO
A9proved for City Council Aqenda
G~T~
Robert T. Herrera
city Manager
L\ I -&) \ q '2..-
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FITNESS EQUIPMENT ... " , .
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~ PROMAXIMA ; LIF!
SEALED BID # 0477 FUTURFIT HADEN HADEN UNISEN tNC
INDUSTRIES LrNDUSTRIES FITNESS
, , .-
DESCRIPTION .
HEART RATE MONITORS (8) 45.00 45.00 45.00 79.00 NB NB
HEART RATE CHEST STRAPS (20' 14.00 21. 75 21. 75 . 38.00 NB NB
.
STAIR CLIMBER (4) 2475.00 2437.1)0 2417 1)0 2495.00 2887.88 NB
:l'READMILL (2) 51nn nn ~?nn nn 5200.00 13Q'L no 6789.34 4500.00
STATIONARY BIKE (2) 1363.00 1200.00 1200.00 NB 1919.59 NB
UAL ACTION BIKE (I) 1363.00 ,1244 on 1244.00 NB NB NB
.LlT~~
SEMI-RECUMBENT BIJ{F. (2) 1363.00 1350.00 NB 2146.08 NB
REE STANDING ~I) FLEXORI 375.00 190.00 NB
IP STATION 1 . - 436.00 375.00 NB
S~EtBDO~~AL BOARD 489.00 762.50 762.50 295.00 NB NB
TI PURPOSE EXERCISE BENCH '1) 245.00 269.00 269.00 150.00 NB NB
T EXERCISE BENCH (1) 199.00 225.00 225.00 69.00 NB NB
EX DUMBELLS & RACK (1) 445.00 450.00 450.00 327.40 NB NB
HYSICIAN WEIGHT SCALE(I) 198.00 225.00 225.00 239.00 NB NB
ROBIC STEPS - STEP UPS (15' 38.00 87.50 87.50 38.00 NB NB
EROBIC MATS (15' 34.00 25.00 25.00 24.50 NB NB
.
RAND TOTAL $31,136.00 $31,615.50 $33,305.50 $20,664.90 $33.261.54 ~9000.00
TERNATES
LL ON NONE BID $30,039.24
LL OR NONE WITH ALTERNATE -31,870.64
IFE CYCLE **
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BIDDER'S LIST
BID #0476 - FITNESS EQUIPMENT
HADEN SPA
823 HAWTHORNE
CLEAR LAKE SHORES, TX 77565
ATTN: ED BERNHARDT
LIFE FITNESS
9601 JERONIMO
IRVINE, CA 92718
ATTN: LYNN BROWN
334-5977
(714) 859-1011
PHYSICO FITNESS
5805 WESTHEIMER
HOUSTON, TX 77057
ATTN: JOE MILLS
784-8300
FITNESS WAREHOUSE
3411 FONDREN
HOUSTON, TX 77063
ATTN: CLAY MO~RISON
785-8625
STAR TRAC TREADMILLS, INC.
14352 CHAMBERS RD.
TUFFTIN, CA 92680
ATTN: CHRIS McGILL
WINSTON FITNESS EQUIP.
3618 s. SHEPHERD
HOUSTON, TX 77098
ATTN: BILL OWEN
1-800-228-6635
520-6159
BUSY BODY FITNESS EQUIP.
6383 WESTHElMER
HOUSTON, TX 77057
ATTN: TOM JONES
784-6051
PROMAXIMA FITNESS
5302 GULTON
HOUSTON, TX 77081
ATTN: DOMENIC CATALANO
667-9606
FUTURE FITNESS
2818 KIRBY DR.
HOUSTON, TX 77098
ATTN: BOB COFFMAN
529-9717
HOOPS BASKETBALL GOALS
17410 SUGAR PINE DRIVE
HOUSTON, TX 77090
ATTN: KEITH TATE
537-8448