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HomeMy WebLinkAbout1993-11-08 Regular Meeting . . AGENDA REGULAR MEETING OF LA PORTE CITY COUNCIL TO BE HELD NOVEMBER 8, 1993, IN THE COUNCIL CHAMBERS OF THE CITY HALL, 604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, BEGINNING AT 6:00 P.M. 2 Next Ord. 93-1945 Next Res. 93-16 1. CALL TO ORDER 2. INVOCATION COUNCILPERSON THROWER 3. CONSIDER APPROVING MINUTES OF REGULAR MEETING OCTOBER 25, 1993 4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL 5. CANVASS ELECTION RETURNS AND CONSIDER ORDINANCE DECLARING RESULTS OF THE NOVEMBER 2, 1993, SPECIAL ELECTION (Ord. 93- 1945) - K. Askins 6. CONSIDER ORDINANCE DECLARING THE INTENTION OF THE CITY OF LA PORTE TO INSTITUTE PROCEEDINGS TO ANNEX CERTAIN TERRITORY; CALLING TWO PUBLIC HEARINGS AT WHICH ALL INTERESTED PARTIES SHALL HAVE AN OPPORTUNITY TO BE HEARD; PROVIDING FOR THE PUBLICATION OF NOTICE OF SUCH HEARINGS BY THE PUBLICATION OF THIS ORDINANCE (Ord. 93-1946) - K. Askins 7. CONSIDER APPROVING AN ORDINANCE AUTHORIZING THE MAYOR TO SIGN ALL NECESSARY DOCUMENTS APPROVING THE ISSUANCE OF UP TO $30,000,000.00 IN BONDS AND THE ISSUANCE OF MORTGAGE CREDIT CERTIFICATES NOT TO EXCEED 25% OF THE AGGREGATE BOND ALLOCATION (Ord. 93-1947) - C. Harrington 8. CONSIDER AN ORDINANCE AUTHORIZING THE CITY MANAGER TO COMPLETE ALL DOCUMENTATION NECESSARY TO SUBMIT AN APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR FUNDING UNDER THE HOME PROGRAM (Ord. 93-1948) - C. Harrington 9. CONSIDER ORDINANCE APPROVING A CONTRACT TO FROST CONSTRUCTORS FOR THE CONSTRUCTION OF A COVER FOR THE LIVESTOCK/RODEO ARENA IN NORTHWEST LA PORTE (Ord. 93-1949) - C. Harrington 10. CONSIDER ORDINANCE CREATING WITHIN THE MUNICIPAL COURT OF THE CITY OF LA PORTE THE POSITION OF CITY MARSHALL (Ord 93-1950) - J. B. Williamson 11. CONSIDER ORDINANCE AUTHORIZING UPDATED SERVICE CREDITS AND INCREASED ANNUITIES FOR 1994 (Ord. 1875-A) - L. Rigby 12. CONSIDER APPROVING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS CASTING ITS BALLOT FOR THE ELECTION OF A PERSON TO THE BOARD OF DIRECTORS OF HARRIS COUNTY APPRAISAL DISTRICT (Res. 93-16) - K. Askins 13. CONSENT AGENDA - ANY ITEM MAY BE REMOVED BY A COUNCILPERSON FOR DISCUSSION A. CONSIDER AWARDING BIDS FOR THE REPLACEMENT OF THREE TRACTORS - S. Gillett B. CONSIDER AWARDING BID FOR THE REPLACEMENT OF A REAR- LOADING SOLID WASTE TRUCK - S. Gillett C. CONSIDER AWARDING BID FOR THE REPLACEMENT OF A TRASH TRUCK W/BRUSH LOADER - S. Gillett - . D. CONSIDER AWARDING BID FOR THE REPLACEMENT OF A COLD MIX RECYCLER - S. Gillett E. CONSIDER AWARDING BID FOR THE REPLACEMENT OF A HYDRAULIC EXCAVATING MACHINE - S. Gillett 14. ADMINISTRATIVE REPORTS A. REMIND COUNCIL OF HOLIDAY COUNCIL MEETING SCHEDULE AND TWO PUBLIC HEARINGS ON NOVEMBER 29 AND 30 15. COUNCIL ACTION 16. EXECUTIVE SESSION - V.A.T.S. - ARTICLES 6252-17, SECTION 2 (E), (F), (G), (R), - (LEGAL, LAND ACQUISITION, PERSONNEL, AND CONFERENCES(S) WITH EMPLOYEE(S) TO RECEIVE INFORMATION) A. SECTION 2(E) - (LEGAL) MEET WITH CITY ATTORNEY AND CITY MANAGER REGARDING BAYPORT AVIATION LEASE 17. ADJOURNMENT If during the course of the meeting covered by this agenda the Council should determine that a closed or executi ve meeting or session of the Council should be held or is required in relation to an item noticed in this agenda, then such closed or executi ve meeting or session as authorized by TEX. REV. CIV. STAT. ANN. Art. 6252-17(a) (Open Meetings Act) will be held by the Council at that date, hour and place given in the meeting notice or as soon after the commencement of the meeting covered by the meeting notice as the Council may conveniently meet in such closed or executive meeting or session concerning any and all subjects and for any and all purposes permitted by Section 2 (c) through Section 2 (r) , inclusive of said Open Meetings Law, including, but not limited to: Section 2(d) - For the purpose of excluding witness or witnesses from a hearing during examination of another witness. Section 2(e) - For the purpose of a private consultation with the Council's attorney on any or all subjects or matters authorized by law. Section 2(f) - For the exchange, negotiated donations. purpose of discussing the purchase, lease or value of real property and contracts for prospective gifts or Section 2 (g) - For the purpose of considering the appointment, employment evaluation, reassignment, duties, discipline or dismissal of a public officer or employee or to hear complaints or charges against a pUblic officer or employee. Section 2(j) - To consider the deployment, or specific occasions for implementation, of security personnel or devices. Section 2(r) - For the purpose of conferring wi~h an employee or employees of the ci ty , for thel sole purpose of recei ving information from $e employee or employees or to ask questions of the employee or employees; provided, however, tha~ no discussion of public business or City policy tnat affects public business shall take place between the members of the City Council during the conference. - . 3 e e MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL NOVEMBER 8, 1993 1. The meeting was called to order by Mayor Norman Malone at 6: 00 P.M. Members of city Council Present: Mayor Norman Malone, Councilpersons Guy Sutherland, Mike Cooper, Bob Thrower, Bob McLaughlin, Deotis Gay, Jack Maxwell and Jerry Clarke Members of City Council Absent: None Members of city staff Present: Assistant City Manager John Joerns, City Attorney Knox Askins, City Secretary Sue Lenes, Director of Administrative Services Louis Rigby, Planning Director Chuck Harrington, Director of Public Works Steve Gillett, Director Parks and Recreation Buddy Jacobs, Buyer Susan Kelley, Municipal Court Judge J. B. Williamson, City Marshal Nelson Thorpe Others Present: A number of citizens, two persons representing Quantum Chemical Corporation and representatives from the School District 2. The invocation was given by Councilperson Thrower 3. Council considered approving minutes of the Regular Meeting October 25, 1993. Motion was made bY Counciloerson McLaughlin to aoprove the October 25 minutes as oresented. Second by Councilperson Cooper. The motion carried, 8 ayes and 0 nays. (councilperson Alton Porter was seated at the Council table at 6:05 P.M. after the vote) Nays: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Gay, Maxwell, Clarke and Mayor Malone None Ayes: 4. Mr. Pat Studdert, 511 S. Highway 146, President of the Board of Trustees for the La Porte Independent School District, invited Council to attend the "Gang Workshop Program" to be held Saturday November 13th from 7:30 A.M. to 4:00 P.M., continental breakfast and lunch will be provided. The workshop will be held in the student center at the high school. Mr. Studdert thanked Council for all of their assistance in working with the school district over the years. e e Minutes Regular Meeting La Porte City Council November 8, 1993, Page 2 Ms. ZelIa Moss, 315 N. 2nd street #42, addressed Council regarding the drug traffic on the Northside of La Porte. She stated a fear for her children, family and others in the community. Ms. Moss said she was speaking for all of the citizens on the Northside and asking for Council assistance, advice or suggestions for ways to curtail the problem. Ms. Jo Redden, 11 Bay Harbor, spoke to Council regarding the Li ttle Cedar Bayou Nature Trail. She referenced a letter from Texas Parks and Wildlife Department sent to the City of La Porte on November 3, 1993 regarding the cancellation of a grant previously approved by Parks and wildlife Department in January of this year. Ms. Gail Guillot, 2101 Shirley Lane, addressed Council regarding a summer school program in 1992 in conjunction with the City where the City offered the Jennie Riley Civic Center for this program as their was no monies available through the School District for the program. The teachers volunteered their time and the City donated the building. Ms. Guillot stated approximately 50 children attended the program and walked to the facility. She expressed her concern because of the drug traffic in the vicinity of the Civic Center, the concerns of the parents of children who attended classes there this past summer, and who will be attending future classes. Ms. Guillot asked Council to look into the problems and to work with the police department to eliminate the problems. Mr. William (Bill) Nelson, 11500 Northlake Drive, Cincinnati, Ohio, Senior Attorney for Quantum Chemical Corporation addressed Council regarding the Industrial District Agreement and to consider a request by Quantum for tax relief. Mr. Nelson stated Quantum Chemical is not making a profit and management is seriously concerned about the future of the company. Mr. Nelson stated as the largest tax payer to the City of La Porte, Quantum is asking the Council to consider two requests. One is a delay in the 3% increase through the full seven year agreement. The second request is to extend the 20% tax abatement for new construction for another five years which would give Quantum the full seven years which was the original intent. Mr. Don Hamilton, Manager of Administr~tion at Quantum Chemical Corporation, addressed Council stating their corporation has been a part of the community since 1956 and one of the bigger tax payers during that time period. He stated Quantum has suffered some large losses over those e e Minutes Regular Meeting La Porte City Council November 8, 1993, Page 3 years and is now struggling but wishes to continue with good relations between themselves and the City of La Porte. He stated Quantum does not wish to be annexed, and they need relief on the new Ethylene unit. They are asking for some help in this regard. Mr. Bob Miller, 326 Spanish Cove Drive, Crosby, Texas, Director of Project LEAP (La Porte Environmental Awareness Program) with the La Porte School District, addressed Council about the future of Little Cedar Bayou. Mr. Miller stated he wished to make Council aware of the usage of Little Cedar Bayou by the La Porte School District such as Marine Biology classes, the Environmental classes under the direction of Chuck Jobson, and two Elementary classes utilizing the area for research and other activities. Mr. Miller asked Council to take a look at Little Cedar Bayou and consider all kinds of things that could be done to benefit the schools and community. Mr. David Kaup, 10911 Mesquite, La Porte, President of Fairmont East Homeowners Association, and Chairperson of the recently formed Political Action Committee known as "Fair Pac", stated he was representing the interests of approximately 1600 voters in his subdivision. Mr. Kaup addressed Council regarding the proposed second election on the Li ttle Cedar Bayou Park property sale which Mr. Kaup stated in its current form he will ask his board and advise his membership to vote against it. He stated residents have been complaining about a lack of neighborhood park space. Mr . Kaup made suggestions to Council "one - either raise taxes on the lands Council wants to buy or seek a lower price, more in line with the taxable value of the property; acquire acquisition through some type of eminent domain action; second - use the funds from the sale for small parks in the subdivisions; third - get another appraiser." In conclusion Mr. Kaup said "There are those of us living in the subdivisions that have the opinion we are being used as a Cash Cow by the City of La Porte. You take out over $300,000.00 of taxes from Fairmont Park East alone, you are only putting a fraction of that money back into that neigqborhood. We can't even get prompt requests from requests for street signs. Copies of your budget requests require Texa10pen Records Act requests. Gentlemen we're really tired of bing milked by the City of La Porte". (Some of the above are direct quotes from Mr. David Kaup) e e Minutes Regular Meeting La Porte City council November 8, 1993, Page 4 (Councilperson Deotis Gay left the Council table to speak as a citizen in behalf of the constituents of District 4) Mr. Deotis Gay, 214 North 9th Street, addressed Council regarding his concern of the drug traffic in the vicinity of Jennie Riley civic Center. Mr. Gay stated he was aware of the City Budget and the fact the City could not hire more policemen, and he is aware of the hardship it would cause to work the officers overtime. He said the city would have to seek other funds to put extra officers in that area. Mr. Gay stated "I am here as a citizen to ask this Council to do what ever it can to alleviate the problem in that area". Mr. Gay stated he had a list signed by citizens from the community who are concerned about what is happening in the Northside area. He stated he has given the list to John Joerns for City Manager Bob Herrera. (Councilperson Gay was seated back at the Council table at 6:32) 5. Council canvassed election returns and considered ordinance declaring results of the November 2, 1993, Special Election. City Attorney read: ORDINANCE 93-1945 - AN ORDINANCE DECLARING THE RESULTS OF A SPECIAL ELECTION HELD IN THE CITY OF LA PORTE ON NOVEMBER 2, 1993, FOR THE PURPOSE OF VOTING FOR OR AGAINST A PROPOSITION AUTHORIZING THE SALE OF THAT PORTION LITTLE CEDAR BAYOU PARK SITUATED EAST OF OLD HIGHWAY 146; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. City Attorney stated: the ordinance recites there were cast at the election, 532 votes for, 565 votes against and the election failed to pass. Motion was made by Councilperson Thrower to apDrove Ordinance 93-1945 as read bY the city Attorney. Second by Councilperson McLaughlin. The motion carried, 9 ayes and 0 nays. Nays: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone None Ayes: e e Minutes Regular Meeting La Porte city Council November 8, 1993, Page 5 6. Council considered an ordinance declaring the intention of the City of La Porte to institute proceedings to annex certain territory; calling two public hearings at which all interested parties shall have an opportunity to be heard; providing for the publication of notice of such hearing by the publication of this ordinance. city Attorney Knox Askins stated Council should have received a report from city Manager Bob Herrera's office prepared by Carol Butler. In summary that report shows positive responses received from most of the 48 industries. The purpose of this ordinance is to maintain a time schedule that an annexation must be completed during calendar year 1993, to do so it must be started at this time. This is not a final annexation ordinance, it is an intent ordinance that starts an annexation proceeding. The ordinance describes all of Bayport and Battleground and will be cut down to include only those industries who do not elect to sign the industrial district agreement. Never-the-Iess, it does start out with a complete description of both Bayport and Battleground Industrial Districts. In order to be in compliance with state law, the publication of this ordinance will be in the Bayshore Sun this Sunday November 14 and the two public hearings will be held on Monday, November 29 and Tuesday, November 30 and the final annexation, if necessary, will be held in late December. Councilperson Sutherland stated he will be out of town on the two public hearing dates. The remaining Council were polled and all other stated they will be available for the two meetings. City Attorney read: ORDINANCE 93-1946 AN ORDINANCE DECLARING THE INTENTION OF THE CITY OF LA PORTE TO INSTITUTE PROCEEDINGS TO ANNEX CERTAIN TERRITORY; CALLING TWO PUBLIC HEARINGS AT WHICH ALL INTERESTED PARTIES SHALL HAVE AN OPPORTUNITY TO BE HEARD; PROVIDING FOR THE PUBLICATION OF NOTICE OF SUCH HEARINGS BY THE PUBLICATION OF THIS ORDINANCE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made bv CouncilDerson Maxwell to adoDt ordinance 93-1946. Second by councilperson Clarke. The motion carried, 9 ayes and 0 nays. Councilperson Porter commented on the Quantum Corporation request and said because of the "most favored nations clause" the ci ty is prohibi ted from taking exception to anyone request. He wanted to point that out to those who might not e e Minutes Regular Meeting La Porte city council November 8, 1993, Page 6 be award of this fact. Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, Clarke Malone None Thrower, and Mayor Nays: 7. Council considered approving an ordinance authorizing the Mayor to sign all necessary documents approving the issuance of up to $30,000,000.00 in bonds and the issuance of mortgage credit certificates not to exceed 25% of the aggregate bond allocation. Planning Director Chuck Harrington gave an overview to Council of the program by Southeast Texas Housing Finance Corporation to assist citizens in purchasing housing. Mr. Harrington stated staff recommends that Council endorse the single family mortgage bond, mortgage credit certificate programs, and authorize the Mayor to sign all necessary documents. Approving these programs does not place any financial burden on the City of La Porte, and we are not responsible for any of the debt nor does it affect our bonding. As a part of the consortium of Southeast Texas, the City must approve these programs and authorize the Mayor to sign these documents. 8. Consider an ordinance authorizing the City Manager to complete all documentation necessary to submit an application to Texas Department of Housing and Community Affairs for funding under the HOME Program. Mr. Harrington also addressed item 8 regarding the Texas Department of Housing and Community Affairs (TDHCA), the establishment of the HOME Program, and introduced Mr. Lee Hebel with Southeast Texas Housing Finance Corporation who answered questions from Council regarding these two programs. (Council voted on Item 7 first) City Attorney read: ORDINANCE 93-1947 AN ORDINANCE AUTHORIZING THE MAYOR TO SIGN A CERTIFICATE APPROVING THE ISSUANCE OF MORTGAGE CREDIT CERTIFICATES ANQ/OR SINGLE FAMILY MORTGAGE REVENUE BONDS BY THE SOUTHEAST TEXAS HOUSING FINANCE CORPORATION; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made bv Counciloerson Maxwell to aoorove Ordinance e e Minutes Regular Meeting La Porte city Council November 8, 1993, Page 7 93-1947 as read by the city Attornev. Second by Councilperson Gay. The motion carried, 9 ayes and 0 nay. Nays: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, Clarke Malone None Thrower, and Mayor Ayes: (Council voted on Item 8) city Attorney read: ORDINANCE NO. 93-1948 - AN ORDINANCE AUTHORIZING THE CITY MANAGER TO COMPLETE ALL DOCUMENTATION NECESSARY TO SUBMIT AN APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR FUNDING UNDER THE HOME PROGRAM, THROUGH THE SOUTHEAST TEXAS HOUSING FINANCE CORPORATION; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Counciloerson Thrower to approve Ordinance 93-1948 as read bv the city Attornev. Second by Councilperson Gay. The motion carried, 9 ayes and 0 nays. Nays: councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, Clarke Malone None Thrower, and Mayor Ayes; 9. Council considered an ordinance approving a contract to Frost Constructors for the construction of a cover for the livestock/rodeo arena in northwest La Porte. City Attorney read: ORDINANCE NO. 93-1949 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND FROST CONSTRUCTORS, INC., FOR THE CONSTRUCTION OF A COVER FOR THE LIVESTOCK/RODEO ARENA IN NORTHWEST LA PORTE; APPROPRIATING $179,677.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made bv Counciloerson Coooer to adoot Ordinance No. 93-1949. Second by councilperson Clarke. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone e e Minutes Regular Meeting La Porte city council November 8, 1993, Page 8 Nays: None 10. Council considered an ordinance creating within the Municipal Court of the City of La Porte the position of City Marshall. Judge J. B. Williamson spoke at this time responding to questions raised to Council about the problems of drugs and crime. Judge Williamson stated that the city is aware of the problems and his Court and the Police Department have established many programs for juveniles and their family members. He commended the Mayor and Council for the steps they are taking to provide answers and assistance to the community and school district regarding crime and drug traffic in the City of La Porte. Judge Williamson explained the need for an ordinance clarifying standards and qualifications of the position of City Marshall. city Attorney read: ORDINANCE NO. 93-1950 - AN ORDINANCE CREATING WITHIN THE MUNICIPAL COURT OF THE CITY OF LA PORTE THE POSITION OF CITY MARSHAL; ESTABLISHING STANDARDS FOR QUALIFICATION OF CITY MARSHAL; PROVIDING FOR SUPERVISION OF THE CITY MARSHAL; DEFINING AND LIMITING THE SCOPE OF THE MARSHAL'S AUTHORITY; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; CONTAINING A REPEALING CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made bv Counciloerson Maxwell to aoorove Ordinance 93-1950 as read bv the City Attorney. Second by Councilperson Cooper. The motion carried, 9 ayes and 0 nays. Nays: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, Clarke Malone None Thrower, and Mayor Ayes: 11. Council considered an ordinance authorizing updated service credits and increased annuities for 1994. Director of Administrative Services Louis Rigby and Assistant City Manager John Joerns answered questions from Council regarding increase annuities. (councilperson Maxwell withdrew from the Council table for the discussion and vote on this ordinance.) e e Minutes Regular Meeting La Porte City Council November 8, 1993, Page 9 city Attorney read: ORDINANCE NO. 1875-A - AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF LA PORTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made bv CouncilDerson McLauahlin to adoDt Ordinance 1875-A as read by the City Attorney. Second by Councilperson Thrower. The motion carried, 8 ayes and 0 nays and 1 abstaining. (Councilperson Maxwell did not vote on this issue) Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Clarke and Mayor Malone Nays: None Abstain: councilperson Maxwell 12. Council considered approving a resolution of the City Council casting its ballot for election of a person to the Board of Directors of Harris County Appraisal District. city Attorney read: RESOLUTION 93-16 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS CASTING ITS BALLOT FOR THE ELECTION OF A PERSON TO THE BOARD OF DIRECTORS OF HARRIS COUNTY APPRAISAL DISTRICT. Motion was made bv CouncilDerson Sutherland to aDDrove Resolution 93-16 castina the city of La Porte's ballot for Mr. Robert James Blackwell for a Derson to serve on the Board of Directors of Harris County ADDraisal District. Second by Councilperson Gay. The motion carried, 8 ayes and 0 nays. (Councilperson Clarke was away from the table) Nays: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell and Mayor Malone None Ayes: 13. Consent Agenda - Council considered awarding bids as follows: (A) Consider awarding bids for the replacement of three tractors; (B) Consider awarding bid for the replacement of a e e Minutes Regular Meeting La Porte City Council November 8, 1993, Page 10 rear-loading solid waste truck; (C) Consider awarding bid for the replacement of a trash truck w/brush loader; (D) Consider awarding bid for the replacement of a cold mix recycler; (E) Consider awarding bid for the replacement of a hydraulic excavating machine. councilperson Sutherland requested that items (A) and (E) be pulled for discussion. After discussion of these items with Steve Gillett Director of Public Works Mayor Malone entertained a motion. (Councilperson Clarke returned to the Council table at 7:22) Motion was made by councilperson Thrower to approve the consent aaenda as presented. Second by councilperson McLaughlin. The motion carried, 8 ayes 0 nays and 1 abstaining. (Councilperson Clarke abstained as he was away from the table during the discussion of the items on the consent agenda.) Ayes: councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell and Mayor Malone Nays: None Abstain: councilperson Clarke 14. Assistant City Manager reminded Council of the abbreviated meeting schedule for December. We will hold one meeting in December on the 13th. Also Mr. Joerns reminded council, due to earlier action taken tonight, there will be two Public Hearings held in November one on the 29th and the other on the 30th. 15. councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone brought items to council's attention. 16. Council adjourned into executive session at 7:42 P.M. EXECUTIVE SESSION - V.A.T.S. - ARTICLES 6252-17, SECTION 2 (E), (F), (G), (R) - (LEGAL, LAND ACQUISITION, PERSONNEL, AND CONFERENCE(S) WITH EMPLOYEE(S) TO RECEIVE INFORMATION) A. SECTION 2(E) - (LEGAL) MEET WITH CITY ATTORNEY AND CITY MANAGER REGARDING BAYPORT AVIATION LEASE Council elected to allow Mr. Rex Carr to speak before leaving the council table for the executive session. Mr. Carr thanked e e Minutes Regular Meeting La Porte city council November 8, 1993, Page 11 council for passing the ordinance approving the contract for the livestock/rodeo arena. council returned to the table at 8:24 P.M., no action taken. 17. There being no further business to come before council, the meeting was adjourned at 8:25 P.M. s::~;:/ Sue Lenes, city Secretary Passed & Approved this the 29th d~ of November, 19;;1 i/'I/JI}!~7/l!~L('r-- N man L. Malone, Mayor '1 e e CITY OF LA PORTE INTER-OFFICE MEMORANDUM FROM: Robert T. Herrera, City Manager Sue Lenes, City Secretary ~ TO: DATE: November 24, 1993 RE: City Council Meeting of November 8, 1993 Attached are remonstrances from 3 citizens at the City Council Meeting on November 8, 1993. 1) Ms. Jo Redden - Little Cedar Bayou Nature Trail 2) Mr. David Kaup - Fairmont Park East 3) Honorable J.B. Williamson - Crime Awareness within the City of La. Porte Judge Williamson spoke while he had the floor during item #10 requesting approval of an ordinance to provide for the position of City Marshall in the Courts Department. e e Regular Meeting of La Porte City Council November 8, 1993 Mrs. Jo Redden "In the November 3rd issue of the Bayshore Sun there was a notice to bidders for the bids for the purchase of the Little Cedar Bayou Nature Trail property. Is the City now accepting bids on the property and does the law allow the property to be sold without voter approval? As you may know, on November 3, 1993 the Texas Parks and Wildlife Department wrote a letter to the City of La Porte stating they were canceling the matching funds grant which they had approved in January of 1993. They stated this action was being taken in fairness to other local governments competing for limited program funds, who were being able to proceed with their projects upon receiving notice of approval. The total project cost was $163,720.00 with the state funding half and the City funding half. These funds would have all been used on the Little Cedar Bayou -Nature Trail. If the land swap that has been suggested does eventually take place, the cost of the waterfront property will be $700,000.00 cost of the new pier would be approximately $200,000.00 and the cost of the necessary amenities will bring the total cost to close to 1 million dollars. The Bayshore Sun stated that there is to be another special election in 1994. Exactly when will this election be and what is the average cost for an election?" e e Regular Meeting of La Porte City Council November 8, 1993 Mr. David Kaup "Mr. Mayor, members of the Council, my name is David Kaup and I am president of the Fairmont Park East Homeowner's Association. I also chair a recently formed Political Action Community known as FAIR PAC. I can honestly say that I am here representing the interest of approximately 1,600 voters that live in our subdivision. I am here to speak about the proposed second election for the so-called land swap of the Cedar Bayou Park. In it's current form I would ask my board and advise my membership to strongly oppose any further attempts to bring this land swap into reality. First of all, I really don't understand why the city wants to buy land at an appraised price of $795,000.00. Reason for this is the land's listed on your tax rolls for $123,000.00. Either your tax assessor is seriously under appraising that land, or your commercial appraiser is seriously overestimating the value of that land. Either way you are giving the appearance of a very serious conflict of interest with the parties involved. Secondly, residents of subdivisions, not just Fairmont Park East, have been complaining about the lack of neighborhood park space. Parks and Recreation have told me that there is a five year plan for park acquisition. Fairmont Park East isn't even on it despite the new construction going in and the further parts of the subdivision that have been registered. You want us to approve almost 1 million dollars of spending to buy and developing land down on this part of La Porte that really is not going to be of every day use to alot of the residence of La Porte. I would make the following suggestions to you: First, either raise the property taxes on the land you want to buy or seek a lower price more in line with the current taxable value of that property. You might also want to consider acquisition through some type of eminent domain action. Second, selling off the current park land to raise funds is possible. We would want the excess funds from that sale put into small parks in the subdivisions. Third, given that this is the second questionable appraisal of public purchase of land I've seen given by the same agent, I strongly suggest you get another appraiser. In conclusion, I would like to say there are those of us living in subdivisions that have the opinion we're being used as a cash cow by the city of La Porte. You take out over $300,000.00 a year in taxes from Fairmont Park East alone. You are only putting a fraction of that money back into that neighborhood. We can't even get prompt requests on requests for street signs. Copies of your Budget Report require Texas Open Records Act requests. Gentlemen, we are really getting tired of being milked by the City of La Porte." e e Regular Meeting of La Porte City Council November 8, 1993 Judge J.B. Williamson "Mayor and Council, I am here to request the Council adopt or pass an ordinance establishing the position of City Marshall within the Court Department of the City of La Porte, but if I may, I know there is alot of items on the agenda, but I would like to respond for about two minutes to I think, Ms. Moss, she's gone, she raised some concerns that I think everyone has in this community and in fairness to this Mayor and Council I would want to tell her if she were here that the City of La Porte is aware of the growing crime problem with not just juveniles but everyone. Some of the things she asked what the City was doing or could do, some of the things the City has done through my Court mainly, and the police department, we have a established a Psychological Counseling and Evaluation System with juveniles who get caught up in the legal net and come to our court. That's free of charge, we have professionals from hospitals come and do evaluations not only of the juveniles, but their family members to see if they can be referred and channeled to other areas to give free or low cost counseling if there are some problems that need to be worked on. I've had established in my court for about 4 years a Voluntary Drug Screening Program; any juvenile is picked up on curfew violation or other violations, they are encouraged very strongly to volunteer for drug screening and the results are given to parents, not to the court or police department in an effort to educate the parents. We've established this year a communication net with the police department, the school district, my court and other State and County agencies sharing information about gang related activities and bringing up new ideas about how to meet those concerns each time. I've sponsored, as city judge, representing the City of La Porte, five seminars, not counting the one this Saturday, since September with school district people, teachers, educators, principals, administrators. This is our first one this Saturday with the School Board, but we've done that, and this will be our sixth one since September in an effort to try to inform the school::'district folks as far as the activities that are going on in the area and what they can do to meet those concerns. We've established a community service program through the court where juveniles who are caught up in the court system; we are now able to provide community service so they can work off their debt to the community rather than use money from the parents that may not be readily available. Those activities are supervised by members of La Porte Police Association on a voluntary basis. We've got a Gang Activity Task Force the Police Department has started that's in response in dose communication to the school district and other agencies in the County and some other things, but I would want to assure Ms. Moss that the city and this mayor and council are very much aware of the problem and that they are taking alot of steps through my court, through the police department as well as I am sure individually to come up with an answer. l I e e Regular Meeting - La Porte City Council November 8, 1993 Judge J. B. Williamson cont. I would suggest that the answer is not only Police Department activity but would combine awareness education and concern on the part of the city the school district and the folks of this community that the families and the citizens can come together and I see that happening." I ( ) - . s T POR CITY COUNCIL AGE Agenda Date Requested: November 8. 1993 Requested By: Knox Askins Department: city Attornev Report Resolution xxx Ordinance Exhibits: Ordinance 93-1945 SUMMARY , RECOMMENDATION Texas Election Code section 67.003 (a) calls for the canvass of returns by city council after a general or special election, no earlier than the 2nd day and no later than the 6th day after the election. Action Reauired by Council: Approve an ordinance declaring the results of a special election held in the City of La Porte, on November 2nd 1993. (Ord. 93-1945) Availability of Funds: General Capital Other Account Number: Fund Water/Wastewater Improvement General Revenue Sharing Funds Available: YES NO A /{o.5 4.Y DATE ( Robert T. City Mana -- e \ ORDINANCE NO. 93- 1945 AN ORDINANCE DECLARING THE RESULTS OF A SPECIAL ELECTION HELD IN THE CITY OF LA PORTE ON NOVEMBER 2, 1993, FOR THE PURPOSE OF VOTING FOR OR AGAINST A PROPOSITION AUTHORIZING THE SALE OF THAT PORTION OF LITTLE CEDAR BAYOU PARK SITUATED EAST OF OLD HIGHWAY 146; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, there was held in the City of La Porte on the 2nd day of November, 1993, an election for the purpose of voting for or against a proposition authorizing the sale of that portion of Little Cedar Bayou Park situated east of Old Highway 146; and WHEREAS, there were cast at said election the following number of votes: "FOR" - 532 "AGAINST" - 565 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. That said election was duly called and notice thereof given in accordance with law; that said election was held in the manner required by law; that due returns of said election have been made by the proper officers; that said returns have been canvassed by the City Council of the city of La Porte; that said election has resulted in the failure of the proposition authorizing the sale of that portion of Little Cedar Bayou Park situated east of Old Highway 146. 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 nas been open to the public as required by law at all times during which this ordinance . e \ ORDINANCE NO. 93- 1945 PAGE 2 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 8th day of November, 1993. ATTEST:.;z'f!. ~ s. (7 . ".,.. .. - Sue Lenes City Secretary ~~ ox W. Askins City Attorney GRAND I TOTAL I TOTAL REG ABS 6 REG DISTRICT ABS NOVEMBER 2, 1993 SPECIAL CITY ELECTION DISTRICT 3 DISTRICT 4 DISTRICT 5 - - - - - - ABS REG ABS REG ABS REG DISTRICT 2 REG ABS 1 REG DISTRICT ABS 532 84 448 19 546 19 88 6 121 28 96 7 182 3 28 2 16 13 75 o 78 6 39 o 44 15 122 4 105 565 532 107 565 1097 31 88 45 137 127 234 1 by mail 124 189 313 18 49 78 166 44 89 109 246 PARK LAND FOR AGAINST District Totals FOR -AGAINST TOTAL I l~ ___~___.._~n -- . Agenda Date Requested: November 8, 1993 Requested By: John Joerns, Assistant City Manager Department: Administration Report Resolution XX Ordinance Exhibits: Ordinance 93-_ Letter from Knox Askins, dated October 7, 1993 SUMMARY & RECOMMENDATION On October 25, 1993, the City Council passed and approved Ordinance No. 93-1943, directing the City's Planning Department to prepare a Service Plan that provides for the extension of municipal services to the area comprising the Battleground Industrial District and the Bayport Industrial District. In order to maintain the proposed schedule of annexation (see Knox Askins letter of October 7, 1993) City Council needs to pass an Ordinance declaring intent to annex. Ordinance 93-_ has been prepared for Council's consideration. The Ordinance establishes the intent to annex the territories known as the Bayport Industrial District and the Battleground Industrial District. The Ordinance further established 6 PM November 29 and 30 as dates for public hearings at which all interested persons shall have the opportunity to be heard. The descriptions of territory to be annexed could be modified later based on additional input received by Council. Council would have the opportunity to do so up to the date when the final Annexation Ordinance will be considered. Action Required by Council: Approve Ordinance No. 93-_ declaring intent to annex certain territories within Battleground Industrial District and Bayport Industrial District and establishing dates for public hearings. Availability of Funds: General Fund XX Capital Improvement Other (None required) VVaterfVVastewater General Revenue Sharing Account Number: 015-502-100-750 Funds Available: XX YES NO ADDroved for City Council Agenda DATE . e \. ORDINANCE NO. 93- 1946 AN ORDINANCE DECLARING THE INTENTION OF THE CITY OF LA PORTE TO INSTITUTE PROCEEDINGS TO ANNEX CERTAIN TERRITORY; CALLING TWO PUBLIC HEARINGS AT WHICH ALL INTERESTED PARTIES SHALL HAVE AN OPPORTUNITY TO BE HEARD; PROVIDING FOR THE PUBLICATION OF NOTICE OF SUCH HEARINGS BY THE PUBLICATION OF THIS ORDINANCE; 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 of the City of La Porte hereby declares its intention to insti tute annexation proceedings, to annex the following described territory to the city of La Porte by the passage of an ordinance of annexation extending the general corporate limits of the city of La Porte for all purposes to include within such territory all of the following described territory now situated within the exclusive extraterritorial jurisdiction of the City of La Porte. As used herein, the term extraterritorial jurisdiction shall have the same meaning ascribed to it as is ascribed to it in the Municipal Annexation Act of 1963, compiled as Chapter 43, Texas Local Government Code: Metes & Bounds Description for Annexation of Bayport Industrial District BEGINNING at a point in the Richard Pearsall 1/3 League, A-625, said point being in the South right-of-way line of Fairmont Parkway (250 feet wide) (as existed on 5th day of January, 1970 and as referred to in CLP Ordinance 841), said point being also in the West right-Of-way line of the Southern Pacific Railroad; THENCE, Westerly along the South right-Of-way line of Fairmont Parkway to its intersection with the West line of a 200 foot wide Harris County Flood Control District right-Of-way for willow Spring Gully which is designated as Ditch No. Bl12-00-00; THENCE, Southwesterly coincident with the meanders of the West line of the 200 foot wide right-of-way of willow Spring Gully, Harris County Flood Control District Ditch Bl12-00-00, to its intersection with the South line of the W.M. Jones Survey, A-482 and also being the North line of the George B. McKinstry Survey, A-47; e e \ ORDINANCE NO. 93- 1946 PAGE 2 THENCE, East with the North line of the George B. McKinstry Survey, A-47 and the South line of the W.M. Jones Survey, A-482 and the corporate limit line of the City of Pasadena to the East line of the 200 foot wide right-of-way of willow Spring Gully, Harris County Flood Control District Ditch No. Bl12-00-00; THENCE, Southwesterly with the East line of the 200 foot wide right-of-way of willow spring Gully, Harris County Flood Control District Ditch Bl12-00-00 to a point 469 feet South of the North line of the George B. McKinstry Survey, A-47i THENCE, East being 469 feet South of and parallel to the North line of George B. McKinstry Survey, A-47, to a point 200 feet West of the West line of that certain tract of land conveyed to Dart Industries and EI Paso Products Co. by Friendswood Development Company by deed dated March 14, 1974 and recorded under Film Code Number 103-11-0868, Deed Records, Harris County, Texas; THENCE, North, 200 feet West of and parallel to the West line of the property conveyed to Dart Industries and EI Paso Products Co. a distance of 469 feet to its intersection with the North line of the George B. McKinstry Survey, A-47i THENCE, Easterly along the North line of the George B. McKinstry Survey, A-47 and the South line of theW.M. Jones Survey, A-482 to its intersection with the center line of Big Island Slough; THENCE, Southerly along the meanders of the center line of Big Island Slough to its intersection with a line parallel to and 3,410 feet more or less measured at right angles South from the North line of the George B. McKinstry Survey, A-47, to a point for corner, said point being on the North line of that territory annexed to the City of Houston by Ordinance No. 65-1555 B-Ri THENCE, Easterly along the North line of said territory described by Houston Ordinance No. 65-1555 B-R and its Easterly extension, parallel to and 3410 feet more or less South of the North line of the George B. McKinstry Survey, A-47, and the South line of the W. M. Jones Survey, A-482 and the Richard Pearsall 1/3 League, A-625 to its intersection with the West right-of-way line of the Southern Pacific Railroad; THENCE, North along the West right-of-way of Southern Pacific Railroad to the POINT OF BEGINNING, it being the intention of the city Council of the City of La Porte to annex all territory within the city's extraterritorial jurisdiction areas South of Fairmont Parkway and West of the Southern Pacific Railroad right-of-way, except those areas hereinafter SAVED and EXCEPTED. e e \ ORDINANCE NO. 93- 1946 PAGE 3 Provided, however, there shall be SAVED and EXCEPTED from the territory to be annexed the following described property, to-wit: (1) COMMENCING at the intersection of the South line of Fairmont Parkway 250 foot wide right-of-way and the West line of Baypark Road 100 foot wide right-of-way as described in a deed from Humble oil and Refining Company to Friendswood Development Company executed October 25, 1967 and recorded in Volume 6973, Page 503 of the Deed Records of Harris County, Texas; THENCE Southerly along the West line of said Baypark Road 100 foot wide right-of-way to its intersection with the South line of W.M. Jones Survey, A-482 and the North line of George B. McKinstry Survey, A-47, to the POINT OF BEGINNING; THENCE continuing in a Southerly direction with the West line of said Baypark Road to the Southeast corner of tract containing 60.792 acres of land in the George B. McKinstry Survey, A-47, Harris County, Texas as recorded under File No. H406373, Film Code 011-97-2240 of the Harris County Official Public Records of Real Property; THENCE Westerly along the South property line of said 60.792 acre tract to its intersection with the East right-of-way line for Big Island Slough (230 feet wide) as recorded in Volume 8260, Page 124 of the Harris County Deed Records; THENCE Northerly along the meanders of the East right-of-way line of Big Island Slough (230 feet wide) to its intersection with the North line of George B. McKinstry Survey, A-47 and the South line of W.M. Jones Survey, A-482; THENCE Easterly along the South line of W.M. Jones Survey, A- 482 and the North line of the George B. McKinstry Survey, A- 47, to the POINT OF BEGINNING. (2) Provided, however, there shall be SAVED AND EXCEPTED from this annexation all territory within the boundaries described herein that have been previously annexed by the city. Metes , Bounds Description for Annexation of Battleground Industrial District BEGINNING at a point of intersection of the East right-of-way line of North 1st Street and the North right-of-way line of the Southern Pacific Railroad right-of-way, said point being on the existing e e \ ORDINANCE NO. 93- 1946 PAGE 4 city limits line of the City of La Porte as it existed per City of La Porte Ordinance No. 495, on March 20, 1956; THENCE Northwesterly coincident with the North right-of-way line of the Southern Pacific Railroad to the point of intersection with the West right-of-way line of Underwood Road, said point being on the city limit line of the City of La Porte as it existed per City of La Porte Ordinance No. 1235 on November 5, 1980; THENCE North coincident with the West right-of-way line of Underwood Road as projected to a point of intersection with the North right-of-way line of Texas State Highway 225, point being on the existing city limits line of the city of La Porte as it existed per City of La Porte Ordinance No. 637 on November 27, 1961; THENCE Northwesterly coincident with the North right-of-way line of Texas State Highway 225 to its intersection with the East right- of-way line of Texas 134 (Battleground Road), point being on the existing city limit lines of the City of La Porte as it existed per City of La Porte Ordinance No. 637 on November 27, 1961; THENCE in a Northerly direction along the Easterly right-of-way line of the said Texas State Highway No. 134 to the point where the same intersects with an imaginary line twenty-five hundred (2500) feet distant from, parallel to, and South of the center line of the Houston Ship Channel, said imaginary line also being the City Limit line of the city of Houston; THENCE in a Northeasterly direction along the said imaginary line twenty-five hundred (2500) feet distant from, parallel to, and South of the said Houston Ship Channel, to the point where the same intersects with the Southerly boundary line of the San Jacinto Battleground state Park of Texas; THENCE in a Southeasterly direction along the said Southerly boundary line of the said State Park to the Southernmost point of said boundary line; THENCE in a Northeasterly direction along the Easterly boundary line of said State Park, extended in the same direction, to the point where the same intersects with an imaginary line twenty-five hundred (2500) feet distant from, parallel to, and Southwest of the center line of the Houston Ship Channel; THENCE in a Southeasterly direction along an imaginary line 2500 feet distant from, parallel to, and Southwest of the said center line of the Houston Ship Channel, to the point where the said imaginary line intersects with the North boundary line of the City e e ORDINANCE NO. 93- 1946 PAGE 5 of La Porte, the same also being the North boundary line of the La Porte Independent School District; THENCE in a Westerly direction along the said North boundary line of the said City of La Porte and La Porte Independent School District to the point where said boundary lines intersect with the shore line of San Jacinto Bay; THENCE in a southerly and Easterly direction and along the shore line and following the meanders of the shoreline of said San Jacinto Bay, continuously following such shore line to the point where it intersects an imaginary line projected North from the East right-of-way line of North 1st Street; THENCE in a southerly direction along said projection of the East right-of-way line of North 1st Street and along the East right- of-way line of North 1st Street to its intersection with the North right-of-way line of the Southern Pacific Railroad right-of-way, same being the POINT OF BEGINNING. Provided, however, there shall be SAVED AND EXCEPTED from this annexation all territory within the boundaries described herein that have been previously annexed by the City (it being the intention of the city Council of the city of La Porte to annex all territory within the City's extraterritorial jurisdiction areas North of Texas State Highway 225 and South of the Houston Ship Channel and East of Texas State Highway 134 and West of Texas State Highway 146). section 2. On October 25, 1993, the city Council of the City of La Porte passed and approved Ordinance No. 93-1943, an ordinance directing the city's Planning Department to prepare a Service Plan that provides for the extension of municipal services to the area comprising the Battleground Industrial District and the Bayport Industrial District. The proposed Service Plan shall be made available for public inspection and explained to the inhabitants of the area to be annexed at the public hearings. section 3. The City Council of the City of La Porte hereby calls two (2) public hearings at which all interested persons shall e e \ ORDINANCE NO. 93- 1946 PAGE 6 have an opportunity to be heard upon such proposal to annex the territory described above, which two (2) public hearings shall be held as follows, to-wit: (1) In the City Council Chambers, city Hall, 604 W. Fairmont Parkway, La Porte, Texas, at 6:00 P.M., on Monday, November 29, 1993; and (2) in the City Council Chambers, city Hall, 604 W. Fairmont Parkway, La Porte, Texas, at 6:00 P.M., on Tuesday, November 30, 1993. section 4. The annexation proceeding of which notice of intention to annex is given by this Ordinance shall be instituted not less than twenty (20) days nor more than forty (40) days subsequent to such public hearings. section 5. The City Secretary of the City of La Porte is hereby directed to cause notice of such public hearings to be given by publication of this Ordinance in the Bayshore Sun, a newspaper having general circulation in the City of La Porte and in the territory proposed to be annexed, such publication to be made at least once, not more than twenty (20) days nor less than ten (10) days prior to the date of such public hearings. Additional notice by certified mail shall be given to railroad companies serving the city and on the City's tax roll where the right-of-way thereof is included in the territory to be annexed. section 6. The City Council officially finds, determines, - - \ ORDINANCE NO. 93- 1946 PAGE 7 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 subj ect 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 from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 8th day of November, 1993. By: ~u PORTE:.4 Nran~ Mayor ATTEST: S-~ - .- Sue Lenes, City Secretary f~ " ~ - . ASKINS & ARMSTRONG. P. C. ATTORNEYS AT LAW KNOX W. ASKINS ~OHN D. ARMSTRONG October 7, 1993 Mr. Robert city Mana city of a City all La orte, Texas 702 W. F"AIRMONT PARKWAY P.O. BOX 1218 LA PORTE. TEXAS 77572-1218 'f~~(?f~?11} TELEPHONE 713 471-1886 TELECOPIER 713 471-2047 ',~~';~.'~,.:"..",'-...~-.'..-\. ...~:: -, . . ~ , . .. ~ j .-.~ ~:.. ~ --:; "--:';;k.- ~~! \.: ;~ .~:/ii "~'j ~<._,. . -. '. ~0' :~:~~. OCT U { 1993 Re: possible Industrial Annexation Dear Bob: ;;~:U r.. _':"'\......, '-""__ ,.: :;:'. , i i '/ r'.i A i\ I ,\ r:: r; ~I . ".-....... Vi. . :1.. '\~'~:"'~'...:!~i"\ ~::~FlC~~ As requested, the following is my proposed schedule of annexation proceedings for the industrial area, which is time critical, and, as you requested, the last possible dates: November 8, 1993 (Monday) November 14, 1993 ( Sunday) November 29, 1993 (Monday) November 30, 1993 (Tuesday) December 21, 1993 (Tuesday, or later date) Pass Ordinance declaring intent to annex at regular meeting of city council; Publish the entire Ordinance in the Bayshore Sun; Call a special meeting at 6:00 P.M., for the first public hearing; Call a special meeting at 6:00 P.M., for the second public hearing; Pass final Annexation Ordinance at special called city Council meeting; Ordinance to have immediate effective date. Section 43~ 056, Local Government Code, provides that before the publication of the notice of the first hearing, the city council shall direct its planning department to prepare a service plan that provides for the extension of full municipal services to the area to be annexed. This ordinance should be passed prior to the November 8th meeting, or no later than at the November 8th meeting. /-;-"J \ "0 ~ ~ 1) M~j) On ~~~ ~" ~ 1~j;~, KWA: sw J:::: . cc: Mr. John Joerns ". . ~~slstant Clty Manager Clty of La Porte Yo~ery truly, ~ Askins City Attorney City of La Porte I,J"') rl)- f' Ilie? . ! ,pl/ I ~\ --.....", \v (.;U" ; j\ 7"'" ~ . -). rr~- ,"\. . 1-'4-- FiL"f' '" c. f),) lj~ :; t/~4f; . . R.ST FOR CITY COUNCIL AGE_EM Agenda Date Requested: November 8. 1993 Requested By: Charles Harrington QV- Department: Planning x Report Resolution x Ordinance Exhibits: 1. Ordinance 2. Letter from Southeast Texas Housing Finance Corporation 3. Certificate SUMMARY & RECOMMENDATION Background The City of La Porte, a member of the Southeast Texas Housing Finance Corporation (Southeast Texas) has been asked to consider supporting two new programs to be undertaken by Southeast Texas to assist citizens in purchasing housing. The first program is a traditional single family mortgage revenue bond program. This program will allow Southeast Texas to issue $30 million of tax exempt revenue bonds to provide funds to offer below market rate mortgage loans to low and moderate income citizens. The City of La Porte will not have any debt or obligation from these bonds and the bonds would be repaid from payments received from the mortgage loan. The second program is a mortgage credit certificate program. Under federal law, Southeast Texas may exchange all or part of a bond authority to issue mortgage credit certificates to qualified low and moderate income home buyers. These home buyers would then receive credits against their federal income taxes for a portion of the interest payments on their mortgage loans. This will enable the home buyer to better afford their mortgage payments. Again, this program will not place any financial obligation on the City of La Porte. Both programs to be implemented in La Porte will require that La Porte approve a "Certificate Approving the Issuance of Mortgage Credit Certificates and/or Single Family Mortgage Revenue Bonds by the Southeast Texas Housing Financing Corporation" and authorize the Mayor to sign the appropriate documents related to said certificate. Recommendation The staff recommends that the City Council endorse the single family mortgage bond and mortgage credit certificate programs and authorize the Mayor to sign all necessary documents approving those programs. Action Required by Council: Approve an ordinance authorizing the Mayor to sign all necessary documents approving the issuance of up to $30,000,000.00 in bonds and the issuance of Mortgage Credit Certificates not to exceed 25% of the aggregate bond allocation. Availability of Funds: N/ A General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Funds Available: _YES _NO Approved for City Council Agenda ~#. ty ager );/ot~;' ;J I I DATE . . ORDINANCE NO. 93- 1947 AN ORDINANCE AUTHORIZING THE MAYOR TO SIGN A CERTIFICATE APPROVING THE ISSUANCE OF MORTGAGE CREDIT CERTIFICATES AND/OR SINGLE FAMILY MORTGAGE REVENUE BONDS BY THE SOUTHEAST TEXAS HOUSING FINANCE CORPORATION; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; 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 Mayor 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 subj ect 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. e ORDINANCE NO. 93- 1947 . PASSED AND APPROVED, this 8th day of November, 1993. ATTEST: ~- Sue enes, City Secretary LJ AP~cJ Knox W. Askins, city Attorney By: PAGE 2 CITY OF LA PORTE ~~{4 Mayor SOUTHEAST TEXAS e HOUSING FINANCE CORPORATION e Bill Eiland Executive Director October 20, 1993 CERTIFIED MAIL RETURN RECEIPT REQUESTED TO: MA YORS OR COUNTY JUDGES OF SPONSORING GOVERNMENTAL BODIES OF THE SOUTHEAST TEXAS HOUSING FINANCE CORPORATION The Southeast Texas Housing Finance Corporation ("Southeast Texas") needs your help to undertake two new programs designed to make housing more affordable to persons of low and moderate income in your jurisdiction. The first program is a traditional single family mortgage revenue bond program. Southeast Texas recently received authority from the State of Texas to issue up to $30 million aggregate principal amount of tax-exempt single family mortgage revenue bonds to raise money to make below-market-rate mortgage loans to qualified low and moderate income individuals and families in Southeast Texas' jurisdiction, including your city or county. Like any of Southeast Texas' bonds, pursuant to state law, the proposed bonds would not be a debt or obligation of your jurisdiction and would be payable only from payments received from the mortgage loans made with the proceeds of the proposed bonds. The second program is a mortgage credit certificate program. Southeast Texas may, under federal law , - exchange all or a portion of the bond authority that it recently received for authority to issue mortgage credit certificates to qualified low and moderate income home buyers in its jurisdiction. Mortgage credit certificates would permit home buyers to receive credits against their federal income taxes for a specified portion of the interest payments on their mortgage loans, thereby enabling them to better afford their mortgage payments. Southeast Texas presently plans to issue $25 million aggregate principal amount of tax- exempt single family mortgage revenue bonds and exchange the remaining $5 million of its bond authority for mortgage credit certificate authority; however, if market conditions so warrant, it may issue a greater amount or a lesser amount of bonds unused bond authority to mortgage credit certificate authority, In any event, as I noted earlier, Southeast Texas needs your help to undertake these programs. Under state law, Southeast Texas' bonds must be approved by the Texas Attorney General. As part of his approval process, he requires certain certifications regarding Southeast Texas from each of its sponsoring political subdivisions. In addition, pursuant to the so-caned "TEFRA" hearing and approval requirements of the Internal Revenue Code, the highest elected official in each of Southeast Texas' sponsoring local governmental units (i.e., you and the other mayors and county judges) must approve the single family bond program and the mortgage credit certificate program in order for these programs to comply with the 4620 Fairmont Parkway · Suite 201 · Pasadena, Texas 77504 (713) 487-8772 · FAX (713) 487-9574 e e Internal Revenue Code. I have had Southeast Texas' bond counsel prepare the required attorney general certification documents, a General Certification of Local Governmental Unit (the "General Certificate") and a letter addressed to the attorney general (the" AG Letter"), as well as the required tax approval certificate (the "Tax Certificate"). So that your jurisdiction may participate in the programs, please sign and return each of these three documents to me no later than November 15, 1993. Please do not date the. General Certificate; the Attorney General requires that he be allowed to date it on the date of his approval of the bonds. Also, do not sign and date the Tax Certificate until after November 10. 1993. the date on which Southeast Texas has scheduled a "TEFRA" hearing regarding the proposed bonds and mortgage certificate program. Promptly after the hearing, Southeast Texas will notify you of any public comments presented at the hearing, and you may then sign and date the Tax Certificate. If you have any questions, please feel free to call me at (713) 487-8772 or Ed Molter, Southeast Texas' bond counsel, at (512) 499-3973. Thank you in advance for your cooperation in this matter. Respectfully yours, ~~ Bill Eiland Executive Director BE:db e e \ CERTIFICATE APPROVING THE ISSUANCE OF MORTGAGE CREDIT CERTIFICATES AND/OR SINGLE FAMILY MORTGAGE REVENUE BONDS BY THE SOUTHEAST TEXAS HOUSING FINANCE CORPORATION WHEREAS, The Southeast Texas Housing Finance Corporation (the "Issuer") is a public nonprofit corporation organized under the laws of the State of Texas pursuant to the Texas Housing Finance Corporations Act (the "Act"), Texas Local Government Code, Chapter 394, to act on behalf of the counties of Austin, Brazoria, Chambers, Fort Bend, Liberty, Matagorda, Walker, Waller and Wharton, Texas and the cities of Bay town, Deer Park, Dickinson, La Marque, La Porte, League City, Pasadena, Santa Fe, Shoreacres, Texas city and Tomball, Texas (the "Local Governmental Units"); WHEREAS, pursuant to the Act, the Issuer is authorized to, among other things, (a) make and acquire, and enter into advance commitments to make and acquire, single family mortgage loans to persons of low and moderate income for residences located within the Local Governmental Units and (b) issue its. bonds for the purpose of obtaining funds to make or acquire such single family mortgage loans; WHEREAS, pursuant to Article 5190.9 of the Texas Revised Civil Statutes and the rules promulgated by the Texas Department of Commerce thereunder, the Issuer has received an allocation to issue single family mortgage revenue bonds in the amount of $30,000,000 to provide financing for owner-occupied residences located within the Local Governmental Units to persons of low and moderate income; WHEREAS, pursuant to section 25 of the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder (the "Code"), the Issuer may make a revocable election to exchange all or a portion of its allocation for the issuance of such single family mortgage revenue bonds for the authority to issue mortgage credit certificates to qualified applicants relating to housing located within the Local Governmental Units, which mortgage credit certificates would entitle the holders thereof to credits against their federal income taxes based upon the amount of interest paid on their mortgages on such housing; WHEREAS, the Issuer proposes to (a) issue its limited obligation revenue bonds known as "The Southeast Texas Housing Finance corporation Collateralized Single Family Mortgage Revenue Bonds, Series 1993 A" in an aggregate principal amount not to exceed $30,000,000 (the "Bonds") for the purpose of providing financing for owner-occupied residences through the acquisition of securities guaranteed as to payment of principal and interest by the Government National Mortgage Association and/or the Federal National Mortgage Association and backed by home mortgage loans made with respect to residences located within the Local Governmental Units and owned and occupied by persons of low and moderate income and/or (b) to exchange the portion of its e e \ allocation for the issuance of single family mortgage revenue bonds not used for the Bonds for the authority to issue mortgage credit certificates (the "Mortgage Credit certificates") ; WHEREAS, section 147 (f) of the Code requires that, in order for interest on bonds issued to finance single family housing. to be excluded from gross income for federal income tax purposes, the issuance of such bonds must be approved by the governmental unit within which such housing is located, and the other governmental units which sponsor the bond-issuing authority, after holding a public hearing where affected members of the public are allowed to present their views on the proposed bond issue; WHEREAS, section 147(f) of the Code further provides that the issuance of such bonds shall be treated as having been approved by such governmental units if, after such public hearing, such issue is approved by the respective applicable elected representatives of such governmental units; WHEREAS, section 25 of the Code requires that, in order for a mortgage credit certificate to entitle the holder thereof to a credit against his or her federal income taxes, the issuance of such mortgage credit certificate must be approved by the governmental unit within which the housing to which such mortgage credit certificate relates is located; WHEREAS, the issuance of mortgage credit certif icates shall be treated as having been approved by such governmental units if such issuance is approved by the respective applicable elected representatives of such governmental units; WHEREAS, the undersigned is the applicable elected representative for a governmental unit sponsoring the Issuer and mortgage loans may be financed with the Bonds, and/or Mortgage Credit certificates may be issued by the Issuer, with respect to housing located within the boundaries of such governmental unit; WHEREAS, a public hearing was held by a representative of the Issuer at 9:00 a.m., Houston, Texas time, on November 10, 1993, at 4620 Fairmont Parkway, suite 201, Pasadena, Texas 77504 following public notice published at least fourteen days prior to such hearing, where affected members of the public were allowed to present their views on the proposed issuance of the Bonds and the Mortgage Credit certificates; WHEREAS, the undersigned has been apprised of the results of such public hearing; WHEREAS, the undersigned hereby finds and declares that the issuance by the Issuer of the Bonds and Mortgage Credit Certificates with respect to housing located in the Local Governmental unit named below (the "Applicable Uni t") should be approved and is in the best interests of the inhabitants of the Applicable unit. AUMAIN01 Doc: 18934.1 Printed: 10-19-93 15:46 \ \ \~ ~ \ e e \ NOW, THEREFORE, on behalf of the Applicable Unit, the undersigned hereby: 1. approves the issuance by the Issuer of (a) Bonds in an aggregate principal amount not to exceed $30,000,000 and (b) Mortgage Credit. certificates in an aggregate amount not to exceed 25% of the amount of the Issuer's allocation for the issuance of single family mortgage revenue bonds not used for the Bonds, in each case with respect to housing located within the boundaries of the Applicable unit; 2. represents that this approval is adopted for the purpose of satisfying the conditions and requirements of sections 25 and 147(f) of the Code; and 3. represents that this approval is not to be construed as (i) a representation or warranty by the state of Texas, the Applicable Unit, or any other political or municipal corporation or subdivision of the state of Texas, that the Bonds will be paid or that any obligations assumed by any of the parties concerned will in fact be performed; (ii) a pledge of the faith and credit of or by the state of Texas, the Applicable unit or any other political or municipal corporation or subdivision of the state of Texas; or (iii) a representation or warranty concerning the validity of the corporate existence of the Issuer or the validity of the Bonds. signature: Printed Name: Office: County Judge 1--/ Mayor 1--/ Local Governmental unit: 1--/ County of 1--/ City of Date of signature: CCo AUMAIN01 Doc: 18934.1 Printed: 10-19-93 15:46 r '~,:::7 ~r \~ - \'I ~=\= 3 e e ~EST FOR CITY COUNCIL AGE. ITEM Agenda Date Requested: November 8. 1993 Requested By: Charles Harrington et:.Jt' Department: Planning x Report Resolution x Ordinance Exhibits: 1. Ordinance 2. Letter from Southeast Texas Housing Finance Corporation SUMMARY Be RECOMMENDATION Background The Texas Department of Housing and Community Affairs (TDHCA) has recently established its HOME Program that is aimed at developing affordable housing within a community. There are two programs that would be of special benefit to the Citizens of La Porte. The first program is the Owner-Occupied Housing Program. This program provides HOME funds either through loans or grants for the rehabilitation of houses that are owner- occupied. This program aids in the maintenance of the existing housing stock in a community . The second program is the First-Time Home Buyers Program. This program provides new home buyers with down payment assistance and closing cost assistance to purchase their first home. In order to participate in these programs, the City of La Porte must, according to the regulations, submit an application to TDHCA for funds in these programs. This application and the administration of the program would be performed by the Southeast Texas Housing Finance Corporation, of which the City of La Porte is a member. There will be no expenses to the City of La Porte other that staff time in providing information to Southeast Texas. Recommendation The staff recommends that the City Council authorize the City Manager to complete all documentation necessary to submit an application to TDHCA for participation in the HOME Program. Action Required by Council: Approve an ordinance authorizing the City Manager to complete all documentation necessary to submit an application to the Texas Department of Housing and Community Affairs for funding under the HOME Program. Availability of Funds: N/ A General Fund _ Capital Improvement Other Water /Wastewater General Revenue Sharing Account Number: Funds Available: _YES _NO Approved for City Council Agenda ~I'~ Ro ert T. Herrera City Manager 1l(3Ic(~ DATE e e ORDINANCE NO. 93- 1948 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO COMPLETE ALL DOCUMENTATION NECESSARY TO SUBMIT AN APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COHHUNITY AFFAIRS FOR FUNDING UNDER THE HOME PROGRAM, THROUGH THE SOUTHEAST TEXAS HOUSING FINANCE CORPORATION; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; 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 subj ect 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. e e ORDINANCE NO. 93- 1948 PAGE 2 section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 8th day of November, 1993. OF LA PORTE By: ATTEST: ~LJ Sue Lenes, City Secretary . APP13PVED: a::tX~ Knox W. ASkins, City Attorney SOUTHEAST TEXAS · HOUSING FINANCE CORPORATION e -r;wJc October 8, 1993 ~ PLANNING Bill Eiland Executive Director Norman L. Malone City of La Porte - Mayor P.O. Box 1115 La Porte, Texas 77571 RECEIVEQ' OCT 1 2 1993 CITY MANAGERS OFFICE: . .u; Dear Mayor Malone: As an instrumentality of ten counties and ten cities in the Houston area, including the City of La Porte, Southeast Texas was created to assist in developing affordable housing in your community. Recently the State of Texas Department of Housing and Community Affairs issued its program regulations for the HOME Program. In the HOME Program there are two programs that we feel could benefit people in your jurisdiction. The Owner-Occupied Housing Program would provide for the rehabilitation of houses that are occupied by homeowners. The rehabilitation would be paid for by HOME funds that could be either a loan or a grant. The second possible program is the First-Time Home Buyers Program. In this program new home buyers could receive down payment assistance and closing cost assistance in order to be able to afford a home. Depending 80n particular housing needs, residents of your jurisdiction could benefit greatly from one of these programs. I will be calling you this week to discuss these programs further and whether Southeast Texas can assist in implementing a HOME Program in the City of La Porte. Sincerely, d~~ Lee Huebel LH:db 4620 Fairmont Parkway · Suite 201 · Pasadena, Texas 77504 (713) 487-8772 · FAX (713) 487-9574 SOUTHEAST TEXAS HOUSING FINANCE CORPORATION e e Bill Eiland Executive Director Members of the LaPorte City Council: The state of Texas HOME Program allows for a First-Time Homebuyers program that would be very beneficial for lower income families in LaPorte who wish to purchase a home. Under this program a new homebuyer can receive downpaymentjclosing cost assistance and possibly principal reduction when purchasing a home. The state has supplied the 25% match required by HUD. This program is for families who have not owned a home in the last three years and who make less than 80% of median family income ( $27,200 for a family of 2, $34,000 for a family of 4). Compared to many other housing programs, the First-Time Homebuyers Program is simple to implement: 1) eligible families apply for the program and are prequalified, 2) the family selects a house in LaPorte and arranges financing (possibly with lenders participating in this program), and 3) the HOME funds are transferred at closing. There is some monitoring required to assure that the homebuyer conforms with the program requirements. The First-Time Homebuyers Program does not involve monitoring construction or contractors. Also, more families can be served than in a rehabilitation program, since average homebuyer assistance is significantly less that average rehabilitation costs. SETH and the HOME First-Time Homebuyers Program The Southeast Texas Housing Finance corporation (SETH) was created to finance and develop affordable housing, and its primary purpose has been to support homeownership. As an agency representing the City of LaPorte, as well as 18 other member jurisdictions, SETH has an established track record that compares favorably with any housing organization in the State. SETH feels that the HOME First-Time Homebuyers Program is an excellent opportunity to assist families in purchasing homes. This program also fits in with the stated purpose of SETH. 4620 Fairmont Parkway · Suite 201 · Pasadena, Texas 77504 (713) 487-8772 · FAX (713) 487-9574 e e Proposal for a LaPorte HOMEownership program SETH is proposing that the city of LaPorte apply for a grant under the State of Texas HOME First-Time Homebuyers Program. SETH would administer the program. There would be no direct costs to the city. There would be a financial monitoring element, as with any government program of this type. SETH is proposing that the city of LaPorte apply for a grant of up to $100,000 that would assist at least ten families in purchasing a home. er-. e e ;~-,<j .~,,,-,~...-.:~ . .:'~2.~:~ · ~~ TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS September 1, 1993 BOARD MEMBERS Paul R. Rodriguez Chairman Harvey Clemons Jr. Elizabeth Flores Richard C, Hile Joseph Kemp Walter Martinez Judith McDonald Mary Sanger Susan Sharlot Ann W. Richards GOVERNOR Henry Flores exECUTIVE DIRECTOR Dear HOME Applicant: The Texas Department of Housing and Community Affairs thanks you for your interest in providing safe, decent, and affordable housing to low and very-low income families in your community. The State of Texas has received approximately $28.9 million dollars in FY 1993 HOME funds, of which 15% will be set-aside for Community Housing Development Organizations (CHDOs). HOME Program funds are available for the following activities: rehabilitation of owner occupied housing; first-time homebuyer assistance; new construction, acquisition and/or rehabilitation of rental housing; tenant based rental assistance and pre- development loans for CHDOs. We are very excited about the opportunities the HOME Program can provide to the State of Texas. The HOME Investment Partnership Program (HOME) is on it's second year of implementation. You should be aware that the program is very complex at the federal level, and the questions we are asking of you in the application are largely based on Federal Regulations. We have made every effort to simplify this process for you. We encourage your comments and suggestions to help us improve the Program. The Department looks forward to working with you to ensure a successful HOME Program in your community. Please advise us of any assistance you may need. Thank you. ~cerelY' ~~ He~es Executive Director 811 BARTON SPRINGS ROAD - SUITE 100 . P. O. Box 13941 . AUSTIN, TEXAS 78711-3941 · (512) 475-3800 e e General Information on the State of Texas HOME Investment Partnership Program The following questions are designed to help potential applicants determine how they can best utilize federal assistance through the State of Texas HOME Investment Partnership Program. Please review this information before completing the application. What is Eligible for Funding? HOME Funds are available for the development, rehabilitation and new construction of affordable housing, serving persons at 80% of median income or less. State of Texas HOME funds are available for the following activities. ./ Owner Occupied Housing ./ Rehabilitation ./ Reconstruction (new construction) ( ./ First-Time Homebuyer Assistance (An application will be forthcoming based on interest) ./ Rental Housing (Non-Project Specific) ./ Rehabilitation ./ Acquisition ./ New Construction ./ Rental Housing (project Specific) ./ Rehabilitation ./ Acquisition ./ New Construction ./ Pre-Development Loans (for Community Housing Development Organizations Only) ./ Technical Assistance & Site Control Loan ./ Seed Money Loan ./ Tenant-Based Rental Assistance Page 1 of6 e e SOUTHEAST TEXAS HOUSING FINANCE CORPORATION Bin Eiland Executive Director The Southeast Texas Housing Finance Corporation (SETH) is a public nonprofit housing finance corporation chartered by the State of Texas to finance and support the construction and rehabilitation of housing for low to moderate income families in its jurisdiction. SETH's jurisdiction includes: Austin, Bra- zoria, Chambers, Fort Bend, Liberty, Matagorda, Walker, Waller, and Wharton counties; the cities of Dickinson, LaMarque, League City, Santa Fe, and Texas City in Galveston County, and the cities of Bay town, Deer Park, LaPorte, Pasadena, and Tomball in Harris County. Since its inception in 1981, SETH has been primarily involved with the issuance of multifamily and single-family bonds for the financing of housing acquisition, construction, and rehabilitation. SETH bonds have financed the construction of 36 apartment complexes, at a cost of over $175 million. Over $350 million in bonds have supplied more than 3,100 single-family home mortgages for families in the SETH jurisdiction. Over the last few years, the board of directors has consid- ered other housing related activities, as authorized by State enabling legislation. SETH's willingness to consider new oppor- tunities has resulted in several undertakings not common in local housing finance agencies. Management Services Department SETH has established a Management Services Department. Management Services monitors and controls the accounts of bond programs for ten local housing finance corporations in Texas. SETH-Owned Multifamily properties The board has authorized SETH to issue bonds for the pur- chase of four low- to moderate-income multifamily projects. SETH currently owns these four apartment complexes, supplying 2,700 units of housing in the greater Houston area. SETH single-Family Program The creation of the Resolution Trust Corporation, to dispose of the properties of failed savings institutions, provided a unique opportunity to supply affordable housing. SETH used this opportunity to initiate its Single-Family Program, making bids in three RTC sealed bid auctions. In June, 1991, SETH won the bid on 230 properties throughout the State. SETH is rehabilitating the properties through its wholly owned nonprofit subsidiary, Diver- 4620 Fairmont Parkway · Suite 201 · Pasadena, Texas 77504 (713) 487-8772 · FAX (713) 487-9574 e e sified Residential, Inc. Over 200 of the properties have been rehabilitated and sold to low-income families. The knowledge gained in the acquisition, rehabilitation, financing, and dispo- sition of these RTC properties will be used to develop an ongoing program within the SETH jurisdiction. The goal of the jurisdiction-wide program will be to provide additional homeownership opportunities for families by making available single-family properties that have been neglected in the conventional housing market. Foreclosed properties that are institution or government owned, as well as dilapidated or abandoned properties, often deteriorate to the point where they have little value without extensive rehabilitation. Buyers will not buy them due to the problems of obtaining financing on substandard housing. These houses are a burden to financial and government institutions, realtors, local governments, and to the neighborhoods. This program would help to relieve those burdens, as well as provide more affordable housing. Planning Services SETH has established a Planning Services Department. Planning Services works with community leaders from member jurisdictions to determine the needs and goals of each jurisdic- tion. Planning Services can then assist local organizations and governments in its member jurisdictions to develop programs, seek funding, organize community support, and implement the needed housing programs. SETH is actively seeking grant funds that will contribute to the development of housing opportunities for people in its jurisdiction. SETH works with local nonprofit organizations and public agencies in seeking funding from many sources. SETH's commitment to Providing Housing Very few Texas nonprofit organizations or public agencies have achieved SETH's production in housing. The basis of its production and its innovative involvement in new programs is the commitment of the SETH board to providing financing and services for its member jurisdictions. This commitment will continue as SETH searches for ways to provide new housing opportunities for families in the SETH jurisdiction. . e dEST FOR CITY COUNCILAGE~ ITEM Agenda Date Requested: Requested By: f./ X Report Department: Planning X Ordinance Exhibits: 1. Ordinance 2. Bid Tabulation 3. Bidders Ust 4. Letter of Support 5. Change Order SUMMARY & RECOMMENDATION Background During the FY 1994 budget process, the Council considered and authorized the expenditure of $180,000.00 for the construction of a cover for the livestock/rodeo arena in Northwest La Porte. On November 1, the City received bids from eight (8) contractors to design and build the proposed covered facility. Attached is the bid tabulation sheet for the project. As shown, the firm of Frost Constructors, Inc. was the low bidder in the amount of $191,077.00. As this amount was $11,077.00 greater than the total amount budgeted, the staff met with representatives of Frost Constructors and Whirlwind Building Systems to determine if there were some change orders that could be made to bring the building within budget. It was proposed that we allow limited x-bracing in the sidewalls and that we delete the turn-down wall sheets on the building. As shown on the attached change order proposal from Frost Constructors, this brought the cost of the building down to $179,677.00 which is within the proposed budget. While the $180,000.00 budgeted does not allow for any contingencies, the funds that have been previously contributed have earned interest in the amount of $7,562.58, and it will be used for any contingencies on the project. These proposals have been presented to and accepted by the La Porte Uvestock Show and Rodeo Association. Recommendation The staff recommends acceptance of the low bid of $191 ,077.00 from Frost Constructors, Inc. and the approval of Change Order #1 in the amount of < $11,400.00 > for a contract amount of $179,677.00. Action Required by Council: Approve an ordinance accepting the low bid of Frost Constructors, Inc. in the amount of $191,077.00 and approving Change Order #1 which reduces the bid by $11,400.00 for a contract amount of $179,677.00. Said ordinance further establishing a contingency for total available funding of $187,562.58. Availability of Funds: General Fund ---X- Capital Improvement Other Water /Wastewater General Revenue Sharing Account Number: 015-662-520-100 Funds Available: X YES _NO Approved for City Council Agenda Robert ~/L. City Ma a r r~ DATE I - e e \ ORDINANCE NO. 93-1949 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND FROST CONSTRUCTORS, INC., FOR THE CONSTRUCTION OF A COVER FOR THE LIVESTOCK/RODEO ARENA IN NORTHWEST LA PORTE; APPROPRIATING $179,677.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; 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. city Council appropriates the sum of $179,677.00 from the Capital Improvement Fund No. 015-662-520-100 to fund said contract and further establishes a contingency from the interest earned on budgeted funds for a total available funding of $187,562.58. 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 ci ty for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised civil Statutes Annotated; and that this meeting has been open to e e \. ORDINANCE NO. 93- 1949 PAGE 2 the public as required by law at all times during which this ordinance and the subj ect 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 8th day of November, 1993. CITY OF LA PORTE !/~~/~ By: Mayor ATTEST: SL'O ~ Sue Lenes, City Secretary ~d Knox W. ASkins, City Attorney CITY OF LA PORTE COVERED RIDING ARENA CLP PROJECT NO. 93-5202 BID TABULATION NOVEMBER 1, 1993 ./' .e e CONTRACTOR S% BID BOND ACKNOWLEDGE ADD.. PRINCIPAL BID ALT. #1 BID ALT. #2 BID ALT. #3 BID ALT. #4 BID ATTACHED #1.#2.#3.. a #4 TOTAL 1. FOLLIS CONSTRUCTION YES YES $ 238,143.00 $ 32,800.00 $ 65,205.00 $ 7,245.00 $ 19,515.00 2. BARNIER BUILDING SYSTEMS, INC. YES YES $ 266,775.00 $ 30,080.00 $ 78,320.00 $ 5,370.00 $ 43,065.00 3. SATTERFIELD Be PONTIKES CONST., INC. YES YES $ 273,000.00 $ 49,600.00 $ 55,300.00 $ 5,600.00 $ 15,000.00 4. FROST CONSTRUCTORS, INC. YES YES $ 191,077.00 $ 31,724.00 $ 58,450.00 $ 5,126.00 $ 15,516.00 5. COMEX CORPORATION YES YES $ 217,000.00 $ 39,000.00 $ 58,000.00 $ 5,700.00 $ 13,000.00 6. CLEAR LAKE CONSTRUCTION YES YES $ 203,090.00 $ 27,816.00 $ 62,566.00 $ 5,989.00 $ 13,675.00 7. COMMODORE CONSTRUCTION CORP. YES YES $ 237,500.00 $ 32,500.00 $ 66,000.00 $ 6,400.00 $ 17,000.00 8. PELLETIER CONST. CO. OF TEXAS, INC. YES YES $ 299,600.00 $ 35,400.00 $ 56,200.00 $ 5,300.00 $ 18,700.00 9. 10. 11. 12. 13. e' Moore & Moore General Contractors PO Box 1517 La Porte, TX 77572-1517 Comex Corporation PO Box 862 Deer Park, TX 77536 Commodore Construction 55 Lyerly, Suite 100 Houston, TX 77CY2.2 Joel G. Friedel Barnier Building Systems 1105 Northville Street Houston, TX 77038 Charles Bracewell Morton Buildings, Inc. 29514 Raestone Spring, TX 77386 :1! Sunbelt Commercial Builders 11663D Jones Road Houston, TX 77070 . .pfJ~ . ~~( )fi?? /f'f\~ .".. . Derk Harmsen Construction Company 2820 Center Deer Park, TX 77536 Speer Industries PO Box 430904 Houston, TX 77243 Follis Construction 111 North Broadway La Porte, TX 77571 Randy Cupit Ranlyn Construction 9222 Almeda Genoa Rd. Houston, TX 77075 Richard L Michaud Vulcan Steel Erectors, Inc. 10102 Synott Rd. Sugarland, TX 77478 \,.e.~ or\e Uvestoclc: Show e e \ LA PORTE LIVESTOCK SHOW AND RODEO ASSOCIATION ~cJ ROdeo Asaoda\\d' November 2, 1993 Charles R. Harrington Director of Planning City of La Porte P.O. Box 1115 La Porte, Texas 77572 Dear Chuck: This letter is in response to our previous conversations concerning the bids received for the Covered Livestock/Rodeo Arena. As you informed me, the lowest bid received for the project was $191,077.00 which was more than the budgeted amount for this project of $180,000.00. As always, the goal of the La Porte livestock Show and Rodeo Association is to get a quality cover constructed for our existing facility, but we do realize that there must be some budget constraints involved in a project such as this. We were extremely pleased to learn that you have been able to obtain some cost cuts that will bring the project in budget. As I understand your changes, you propose to install X-bracing on the sidewalls and propose to eliminate the short drop-down walls around the building. H I understand you correctly, the cost savings realized from this will result in net reduction to the project of $11,400.00. The Association would like to communicate with this letter their endorsement of the proposed changes as we will be able to accomplish our major goal, that of providing the youth of La Porte a quality covered arena. Thanks to the City of La Porte for their support of this project. Sincerely, , ~ ~~~ President ~~ Chuck Pasch31 Chairman, Building Committee (. Fe... . REtE)~ED 11.0 ~ PLANNING FROST CONSTRUCTORS, INC. 20202 HWY 59 NORTH, SillTE 240 HUMBLE, TEXAS 77338 (713) 446-6522 FAX: 446-0552 '. ': J! ~ (~,'v~t(~:tl- Co i).'-~., (9"" ~4.~' qJOt.! <<.V & '1-'1/11 --- (L1 ~v--H' Cof)) November 2, 1993 Mr. Charles R. Harrington Director of Planning City of LaPorte P.O. Box 1115 LaPorte, IX 77572-1115 RE: Covered Riding Arena The following are proposed changes to the base bid: 1. Install cable bracing in lieu of X bracing 2. Eliminate all wall sheets Base Bid Credit for above changes Revised Bid Amount $ 191,077.00 11 ,400 . 00 $ 179,677.00 Sincerely, C)s.,. ~~ Dale Frost e e e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: November 8, 1993 Requested By: J. B. Williamson Department: Court Report Resolution xxxx Ordinance Exhibits: COpy of Ordinance Summary & Recommendation Ordinance creating posi tion of Ci ty Marshall wi thin Court Department necessary to establish authority of City Marshall (Nelson Thorpe) to carry weapon and meet state requirements for continued certification as peace officer. Action Required by Council: Approve ordinance creating position of City Marshall in Court Department. Availability of Funds: xx General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: 001 600 604 101 Funds Available: ~ Yes No Approved for City Council Aqenda k ~ e e ORDINANCE NO. 93- 1950 AN ORDINANCE CREATING WITHIN THE MUNICIPAL COURT OF THE CITY OF LA PORTE THE POSITION OF CITY MARSHAL; ESTABLISHING STANDARDS FOR QUALIFICATION OF CITY MARSHAL; PROVIDING FOR SUPERVISION OF THE CITY MARSHAL; DEFINING AND LIMITING THE SCOPE OF THE MARSHAL'S AUTHORITY; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; CONTAINING A REPEALING CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. There is created within the Municipal Court of the City of La Porte a position of City Marshal, pursuant to the terms and provisions of this ordinance. a. Subject to the approval of the Municipal Court Judge, the city Manager shall appoint a City Marshal, who shall thereafter be under the direct supervision of the Municipal Court Judge. b. The City Marshal shall serve and execute warrants of arrest, subpoenas and other legal process issuing out of the Municipal Court of the city of La Porte. The city Marshal shall also serve subpoenas or other legal process issuing out of the civil Service commission, the city council, any board-, commission, or department of the City of La Porte requiring service of legal process for hearings, condemnation hearings, and none other. The City Marshall shall additionally perform such other and further duties as may be assigned by the Judge of the Municipal Court from time to time. c. The City Marshal shall meet the qualifications for certification as a peace officer as established by the Texas commission of Law Enforcement Off icer Standards and Education pursuant to Chapter 415.001 et seq of the Texas Government Code and shall seek and receive such peace off icer certif ication within the time prescribed by said provisions, as a necessary condition for continued employment as a City Marshal. e e ORDINANCE NO. 93- 1950 d. The City Marshal shall serve as a peace officer and shall have full police authority in the exercise of his assigned duties. e. The City Marshal is not a regular member of the Police Department of the ci ty of La Porte within the meaning of the state laws governing such department as to civil service, minimum wages, or hours of employment. Neither shall the City Marshal be a paid law enforcement officer for the purposes of and within the meaning of Vernon's Ann. civ. st. art 6228f. f. Nothing herein provided shall prevent or in any way inhibit any regular police officer of the City of La Porte from serving or executing any process issuing out of the Municipal Court which may be placed in his hands to be served or executed. 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. e e ORDINANCE NO. 93- 1950 section 3. If any provision, section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidi ty of any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose. section 4. 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 5. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. e ORDINANCE NO. 93- 1950 e PASSED AND APPROVED, this 8th day of November, 1993. CITY OF LA PORTE By: ATTEST: ~ ,~.~ Sue Lenes, City Secretary ~d~ Mayor e . e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Human Resources Requested By: Report xxx Ordinance Exhibits: Ordinance SUMMARY & RECOMMENDATION The Texas Municipal Retirement System (TMRS) Act allows member cities to adopt Updated Service Credits and Annuity Increases, providing cities the opportunity to upgrade retirement benefits for both active employees and retirees who are currently receiving a monthly annuity from the System. In November of 1992, Council adopted an ordinance which accomplished this upgrade and asked that they be able to review these upgrades on an annual basis. By adopting the 100% Updated Service Credit effective January 1, 1994, a member's retirement benefits will be recalculated based on the member's average monthly salary for the three year period of 1990, 1991, and 1992. The member's retirement benefits are .updated. based on the higher wages earned in recent years. Adoption of the ordinance also increases the monthly annuities being paid to its retirees. The increase that can be granted to retirees is calculated based on a maximum of 70% of the change in the Consumer Price Index, less any previously granted increases. This ordinance is non-repeating and will be effective January 1, 1994. Any future updates will require adoption of a new ordinance. With the adoption of this ordinance, the City's contribution rate will be 9.03% of gross salaries. Without adoption, the rate would be 9.04%. Adopting this ordinance would allow the City to have 25 years in which to amortize the additional cost. Action Required by Council: Adoption of an ordinance authorizing Updated Service Credits and increased annuities for 1994. A vailabllity of Funds: General Fund _ Capital Improvement Other _ WaterlWastewater _ General Revenue Sharing Account Number: Various Funds Available: X Yes _ No /;f~ Date -- --T e e ORDINANCE NO. 1875 - A AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESBNTL Y ARB IN THE EMPLOYMENT OF THE CITY OF LA PORTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVB DATE HEREOF. Section 1. Authorization of Updated Service Credits. (a) On the terms and conditions set out in Sections 853.401 through 853.403 of Subtitle G of Title 8, V.T.C.A., Government Code, as amended (hereinafter referred to as the "TMRS Act"), each member of the Texas Municipal Retirement System (hereinafter referred to as the "System") who has current service credit or prior service credit in the System in force and effect on the 1st day of January of the calendar year preceding such allowance, by reason of service in the employment of the City, and on such date has at least 36 months of credited service with the System, shall be and is hereby allowed "Updated Service Credit" (as that term is defined in subsection (d) of Section 853.402 of said title) in an amount that is lW.I. of the "base Updated Service Credit" of the member (calculated as provided in subsection (c) of Section 853.402 of said title). The Updated Service Credit hereby allowed shall replace any Updated Service Credit, prior service credit, special prior service credit, or antecedent service credit previously authorized for part of the same service. (b) On the terms and conditions set out in Section 853.601 of said title, any member of the System who is eligible for Updated Service Credits on the basis of service with this City, and who has unforfeited credit for prior service and/or current service with another participating municipality or municipalities by reason of previous service, and was a contributing member on the 1st day of January of the calendar year preceding such allowance, shall be credited with Updated Service Credits pursuant to, calculated in accordance with, and subject to adjustment as set forth in said 853.601. (c) In accordance with the provisions of subsection (d) of Section 853.401 of said title, the deposits required to be made to the System by employees of the several participating departments on account of current service shall be calculated from after the date aforesaid on the full amount of such person's earnings as an employee of the City. Section 2. Increase in Retirement Annuities. (a) On terms and conditions set out in Section 854.203 of Subtitle G of Title 8, V.T.C.A., Government Code, as amended, the City hereby elects to allow and to provide for payment of the increases below stated in monthly benefits payable by the System to retired employees and to beneficiaries of deceased employees of this City under current service annuities and prior service annuities arising from service by such employees to this City. An annuity increased under this Section replaces any annuity or increased annuity previously granted to the same person. (b) The amount of annuity increase under this Section is computed as the sum of the prior and current service annuities on the effective date of retirement of the person on whose service the annuities are based, multiplied by 1Q.2i of the percentage change in Consumer Price Index for All Urban Consumers, from December of the year immediately p~ing the effective date of the person's retirement to the December that is 13 months before I the effective date of this ordinance. (c) An increase in an annuity that was reduced because of an option selection is reducible in the same proportion and in the same manner that the original annuity was reduced. (d) If a computation hereunder does not result in an increase in the amount of an annuity, the amount of the annuity will not be changed hereby. . e ORDINANCE NO. 1875 - A PAGE 2 (e) The amount by which an increase under this Section exceeds all previously granted increases to an annuitant is an obligation of this City and of its account in the municipality accumulation fund of the System. Section 4. The City Council fmds, 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 5. Subject to approval by the Board of Trustees of Texas Municipal Retirement System, the updated service credits and increases in retirement annuities granted hereby shall be and become effective on the 1st day of January, 1994. PASSED AND APPROVED, this the 8th day of November, 1993. CITY OFLA:Z BYk4 ~ '. Norman L. alone, Mayor A'ITBST: ~ -.C)., ~ Sue Lenes City Secretary ~~ Knox W. Askins City Attorney e . ~ e e Harris County Appraisal District MEMORANDUM OFFICE OF CHIEF APPRAISER TO: PRESIDING OFFICERS OF TAXING UNITS SERVED BY TIIE HARRIS COUNTY APPRAISAL DISTRICT FROM: JIM ROBINSON, CIUEF APPRAISER ~~ SUBJECT: ELECTION OF BOARD OF DIRECTORS OF TIIE HARRIS COUNTY APPRAISAL DISTRICT DATE: OCTOBER 21, 1993 The nomination period for board candidates representing the small cities, school districts, and conservation & reclamation districts closed October 15, 1993. The names of all candidates officially nominated to me on or before that date are reflected on the enclosed "Certification of Ballot" fonns. Candidates for contested positions are listed alphabetically on the ballot in the manner required by the Texas Tax Code. To assist you in the election procedure, I have enclosed a Certification of Ballot and a suggested fonn of resolution for casting your vote for the candidate representing your type of taxing unit. Ballot forms for all three types of units are enclosed to make you aware of all nominees, even though only taxing units of a particular type may vote in the election applicable to that type of unit. The governing body of each taxing unit is entitled to one vote for the candidate of its choice from the name(s) appearing on the appropriate Certification of Ballot. Before November 15, 1993, each governing body must cast its vote for one of the nominees, fonnally adopt a resolution naming the person for whom it votes, and submit a certified copy to the chief appraiser. The vote must be by resolution. The resolution, or a certified copy thereof, together with the completed Certification of Ballot, must be delivered to Jim Robinson, Chief Appraiser, 2800 North Loop West, Houston, Texas 77092, or mailed to P. O. Box 920975, Houston, Texas 77292-0975 on or before Monday, November 15, 1993. The outside of the envelope should be marked "Ballot for Board of Directors. " Before December 1, 1993, the chief appraiser will count the votes, declare the results, and notify the winners, the nominees, and the presiding officers of each taxing unit. A tie vote will be resolved by a method of chance chosen by the chief appraiser. -.-- - -- - - T e e " Presiding Officer October 21, 1993 Page 2 These procedures do not apply to Harris County, the City of Houston, or the Houston Independent School District. Those units will select their board member by adopting a resolution appointing such member on or before November 15, 1993, and delivering an original or certified copy to the Office of Chief Appraiser on or before November 30, 1993. If you have questions about the board selection process, please call me at 957-5291. Attachments c: HCAD Board Members Tax Assessors Taxing Unit Attorneys , -- . \. RESOLUTION NO. 93-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS CASTING ITS BALLOT FOR THE ELECTION OF A PERSON TO THE BOARD OF DIRECTORS OF HARRIS COUNTY APPRAISAL DISTRICT WHEREAS, the chief appraiser of the Harris County Appraisal District, Harris County Texas, has delivered to the mayor of this city the names of those persons duly nominated as candidates to serve in that position on the board of directors of the Harris County Appraisal District, representing and to be filled by the cities other than the City of Houston participating in said appraisal district; and WHEREAS, this city deems it appropriate and in the public interest to cast it vote for the candidate of its choice to fill such position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section L The facts and recitations set forth in the preamble of this resolution be, and they are hereby, adopted, ratified, and confirmed. Section 2. That the City of La Porte cast its vote, and it does hereby cast it vote, for Robert James Blackwell to fill the position on the board of directors of the Harris county Appraisal District, representing and to be filled by the cities, other than the City of Houston, participating in the appraisal district. Section 3. That the mayor be, and he is hereby, authorized and directed to deliver or cause to be delivered an executed or certified copy of this resolution to the chief appraiser of the Harris County Appraisal District on or before November 15, 1993. PASSED AND APPROVED this 8th day of November , 1993. CITY OF LA PORTE r ATTEST: ~~~ Sue Lenes, city Secretary . . \ (For Use by Cities Other Than the City of Houston) CERTITICATIONOFB~T FOR BOARD OF DIRECTORS HARRIS COUNTY APPRAISAL DISTRICT I, Norman L. Malone, Mayor , certify that on the 8th day of November , 1993, the City Council of the City of La Porte did by resolution cast its ballot for the following nominee to serve as a member of the Board of Directors of the Harris County Appraisal District: (place an "X" in the square next to the candidate of your choice.) Robert James Blackwell Bill Harry Sam McKinney ~ [ ] [ ] I further certify that a true and correct copy of the resolution casting such ballot is attached hereto. WITNESS MY HAND this 9th day of November , 1993. ~h#)~ ~ yor I ~ , A'ITEST: ~ Q ;f;/,- ~ City Secretary ,. . Cit\l tJf La Porte .' . . ~ :. ~ ~; i;'; t '... . ' "-' November 9, 1993 Mr. Jim Robinson, Chief Appraiser Harris County Appraisal District 2800 North Loop West, 8th Floor P.o. Box 920975 Houston, Texas 77292-0975 Re: Election of Board of Directors Harris County Appraisal District Dear Sir: Enclosed please find a certification of Ballot casting a vote for the candidate representing our type of taxing unit and a certification of true and correct copy of the resolution, Resolution 93-16, casting said Ballot. Thank you for considering our candidate, Mr. Robert James Blackwell as the candidate of choice for the position on the board of directors of the Harris County Appraisal District. Sincerely, ~/:~ L ~~an L. M'~~MaYOr City of La Porte NLM/msl Enclosures: r e e e e MOTOR POOL REPLACEMENT SUMMARY The following is a summary of the Motor Pool Budget and bids for the replacement of equipment for the FY 93-94 Budget. Sealed Bid # 0560 1. One (1) Compact utility Tractor 2. One (1) Compact utility Tractor/loader 3. One (1) Industrial Tractor Sealed Bid #0561 1. One (1) Solid Waste Garbage Truck Sealed Bid # 0562 1. One (1) Trash Truck w/Loader Sealed Bid # 0563 1. One (1) Cold Mix Recycler Sealed Bid # 0564 1. One (1) Hydraulic Excavating Machine Total Budget Total Bid Amount Parks Division Parks Division Street Division Solid Waste Div. Solid Waste Div. street Division Street Division $484,117.00 $448,670.00 . ~ ~EST FOR CITY COUNCIL AGEJIt ITEM Requested By: Department: Public works Agenda Date Requested: xxx Report Resolution ordinance Exhibits: Purchasing Recommendation and Bid Tabulation SUMMARY & RECOMMENDATION Sealed bid #0560 was opened and read on October 18, 1993. The bid was for the replacement of three (3) tractors, as follows. UNIT DESCRIPTION 1. Compact Utility Tractor 2. Compact Utility w/front loader 3. Industrial Tractor DIVISION Parks Maintenance Parks Maintenance Street Maintenance REPLACING 1983 model 1982 model 1980 model Bids were sent to 12 vendors, with 5 returning bids. Low bid for each unit was as follows. UNIT DESCRIPTION 1. Compact Utility Tractor 2. Compact Utility w/front loader 3. Industrial Tractor VENDOR Johnson & Roach Brookside Equip. Wowco Equipment LOW BID $ 7,895.00 $11,089.00 S14r798.00 $33,782.00 Total Cost Adequate funds are available ln the Motor Pool Replacement Fund for the purchase of this equipment. Action Required by Council: Award bids for purchase of Tractors as outlined above, for a total cost of $33,782.00 Availability of Funds: xxx General Fund Capital Improvement Other - Motor Pool Replacement Fund Water/Wastewater General Revenue Sharing Account Number: Various - 009 Funds Available: -XX-YES NO Rober City a f~ JIZ2 DATE I e e BID TABULATION = TRACTORS $9,595.00 $10,250.00 $8,495.00 $8,156.00 $7;815.00 $13,750.00 $13,211.00 $11,089.00 2. COMPACT UTILITY TRACT W/FRONT LOADER $11,723.00 $11,295.00 $16,182.00 $17,528.65 $15,351.00 NO BID 3. INDUSTRIAl TRACTOR $14,798.00 ;l,i~~"~!~l;!r!_[1 NO BID NO BID .. . . e BIDDER'S LIST SEALED BID #0560 - HI-WAY EQUIPMENT CO. P.O. BOX 14174 HOUSTON, TX 77221 ATTN: DAN BLADE 713-649-0940 A. I. S. CONSTRUCTION EQUIP CORP. 8505 S. CENTRAL EXPRESSWAY DALLAS, TX 75239 ATTN: CHARLES WHIPPO 800-422-0642 WEARING-GOSS EQUIPMENT CORP. P.O. BOX 18386 SAN ANTONIO, TX 78218 ATTN: MIKE MASON 512-653-0111 HIGHLANDS TRACTOR P.O. BOX 924 HIGHLANDS'_AX 77562 713-426-4216 CASE POWER & EQUIPMENT P.O. BOX 4520 HOUSTON, TX 77210 ATTN: JACK BAILEY 713-987-1990 PRECO MACHINERY SALES P.O. BOX 12625 HOUSTON, TX 77217 ATTN: JOE GALLO 713-641-2161 e TRACTORS BROOKSIDE EQUIP. CO. P.O. BOX 262324 HOUSTON, TX 77207 ATTN: BRANT NORTH 713-943-7100 WOWCO 5430 HWY 146 BAYTOWN, TX 77520 ATTN: BILL WALLACE 713-383-2333 JOHNSON & ROACH P.O. BOX 25085 HOUSTON, TX 77265 ATTN: JACK STEAGALL 713-521-3013 LANSDOWNE-MOODY 1600 FM 528 WEBSTER, TX 77598 713-338-1683 MUSTANG TRACTOR & EQUIP. 12800 NORTHWEST FREEWAY HOUSTON, TX 77040 ATTN: LEON WILLIAMS 713-460-2000 WAUKESHA PEARCE IND. P.O. BOX 35068 HOUSTON, TX 77235-5068 ATTN: ROGER MCFARLAND 713- 723-1050 .. ~EST FOR CITY COUNCIL AGEN~ITEM Agenda Date Requested: November 8. 1993 Requested By: S. Gillett~ Department: XXX Report Resolution Public Works Ordinance Exhibits: Bid Tabulation SUMMARY & RECOMMENDATION Sealed Bid #0561 was opened and read on October 18, 1993. The bid was for the replacement of one (1) rear-loading Solid Waste Truck, replacing a 1984 mode I . Bids were sent to 10 vendors, with 6 returning bids. Low bid was submitted. by Bayou City Ford Truck in the amount of $80,210.00 (Bid #1). The refuse body (Leach Beta) proposed with this bid does not meet specifications. Low bid meeting specifications was also submitted by Bayou City Ford Truck in the amount of $80,493.00 (Bid #2), which proposes a Pakmor refuse body, meeting all specifications. Adequate funds are available in the Motor Pool Replacement Fund for the purchase. Action Required by Council: Award bid for purchase of rear-loading Solid Waste Truck to Bayou City Ford Truck (Bid #2) in the amount of $80,493.00. Availability of Funds: XXX General Fund Capital Improvement Other - Motor Pool Replacement Fund Water/Wastewater General Revenue Sharing Account Number: 009-700-702-858 Funds Available: -XX-YES ____ NO A )1"~3 DATE e e BID TABULATION - SOLID WASTE TRUCK BAYOU CITY FORD TRUCK TRUCK MAKE & MODEL REFUSE BODY TYPE INDUSTRIAL DISPOSAL SUPPL V TRUCK MAKE & MODEL REFUSE BODY TYPE OlYMPIC INTERNATIONAL TRUCK MAKE & MODEL REFUSE BODY TYPE CONTINENTAl MFG. co. TRUCK MAKE & MODEL REFUSE BODY TYPE $80,210.00 FORD LNT8000 LEACH BETA $80,905.00 FORD LNT8000 LOADMASTER $82,013.00 I.H. 2554 6x4 PAKMOR 325 $82,966.00 FORD lNT8000 DEMPSTER *'~'M'**t~1~~!i{f,f~;;'.;.;.;; $80,493.00 $80,895.00 $81,135.00 FORD LNT8000 FORD LNT8000 FORD LNT8000 PAKMOR 325B HElL 5000 LEACH 2-RII $83,788.00 I.H. 2554 6x4 DEMPSTER WHITEGMC TRUCKS OF HOU $84,307.00 $85,337.00 TRUCK MAKE & MODEL WHITEGMC WGM WHITEGMC WGM REFUSE BODY TYPE HElL 5000 EZ PACK CROSSTOVVN FORD SAlES TRUCK MAKE & MODEL REFUSE BODY TYPE PRECISION FLAME CUITING $85,124.63 FORD LNT8000 EZ PACK NO BID .. .. e e BIDDER'S LIST SEALED BID #0561 - SOLID WASTE TRUCK BAYOU CITY FORD TRUCK SALES, INC. P.O. BOX 21321 HOUSTON, TX 77226 ATTN: LYNN DUNDEE (713) 222-6521 PRECISION FLAME 105 EAST 32ND STREET PT.l\INVIEW, TX 79072 (806) 293-1720 TEXAS MUNICIPAL TRUCK & EQUIP. 717 PEARL STREET HOUSTON, TX 77029 KNAPP CHEVROLET P.O. BOX 4179 HOUSTON, TX 77210 ATTN: AVERYT KNAPP 228-4311 675-0480 WASTE SYSTEMS EQUIPMENT, INC. P.O. BOX 55801 HOUSTON, TX 77255 ATTN: BOB EASTLAND 939-0200 LES MARKS CHEVROLET P.O. BOX 1118 LA PORTE, TX 77572 BID INVITATION 471-2424 WHITEGMC TRUCKS OF HOUSTON P.O. BOX 21127 HOUSTON, TX 77226 ATTN: TOMMY TITZMAN 671-0101 JOE CAMP FORD 621 HWY 146 SOUTH LA PORTE, TX 77571 471-1642 DAVIS TRUCK & EQUIPMENT 4300 HIGHWAY 90 EAST SAN ANTONIO, TX 78219 ATTN: TOMMY TITZMAN APEX EQUIPMENT CORP. P.O. BOX 19681 HOUSTON, TX 77224-9681 466-0159 WASTE SYSTEMS SUPPLY 3410 NORTH FORGEUS TUCSON, ARIZONIA 85716 ATTN: KATHY EBELING (602) 881-3895 GULF STATE CRANE P.O. BOX 55884 HOUSTON, TX 77255 ATTN: DON COLLEY 931-6885 INDUSTRIAL DISPOSAL SUPPLY P.O. BOX 924172 HOUSTON, TX 77292-4172 692-7289 ATTN: STEVE RILEY ~EST FOR CITY COUNCIL AGE~ ITEM Agenda Date Requested: November 8. 1993 Requested By: s. Gillett ~~~ Department: xxx x Report Resolution Public Works Ordinance Exhibits: Bid Tabulation SUMMARY & RECOMMENDATION Sealed Bid #0562 was opened and read on October 18, 1993. The bid was for the replacement of one (1) Trash Truck w/Brush Loader, replacing a 1982 model. Bids were sent to 13 vendors, with 4 returning bids. Low bid was submitted by Bayou City Ford Truck in the amount of $64,992.00. Adequate funds are available in the Motor Pool Replacement Fund for the purchase. Action Required by Council: Award bid for the purchase of a Trash Truck w/Brush Loader to Bayou City Ford Truck in the amount of $64,992.00. Availability of Funds: xxx General Fund Capital Improvement other Motor Pool Replacement Fund Water/Wastewater General Revenue Sharing Account Number: 009-700-702-860 Funds Available: -XX-YES ____ NO A # Robert T. City Mana DATE e e BID TABULATION = TRASH TRUCK 2-1f2TON,25CUYD TRASH TRUCK $64,992.00 $65,064.00 $67,735.00 $68,264.00 NO BID . ~ e e BIDDER'S LIST SEALED BID #0562 - TRASH TRUCK WI BRUSH LOADER APEX EQUIPMENT CORP. P. o. BOX 19681 HOUSTON, TX 77224-9681 466-0159 GULF STATE CRANE & EQUIP. P. O. BOX 55884 HOUSTON, TX 77255 931-6885 ATTN: DON COLLEY INDUSTRIAL DISPOSAL SUPPLY P. O. BOX 924172 HOUSTON, TX 77292-4172 692-7289 ATTN: STEVE RILEY WASTE SYSTEMS EQUIPMENT P. O. BOX 55801 HOUSTON, TX 77255 939-0200 ATTN: BOB EASTLAND JOE CAMP FORD 621 HWY 146 SOUTH LA PORTE, TX 77571 471-1642 TEXAS MUNICIPAL TRUCK P. o. BOX 96709 HOUSTON, TX 77013 675-0480 ATTN: JERRY W. PHILLIPS DAVIS TRUCK & EQUIP. CO. 4300 HIGHWAY 90 EAST SAN ANTONIO, TX 78219 210/333-2217 ATTN: TOMMY TITZMAN WHITE GMC TRUCKS 6200 NORTH LOOP EAST P.O. BOX 21127 HOUSOTN, TX 77226 ATTN: MIKE MCCARTHY BAYOU CITY FORD TRUCK SALES, INC. P.O. BOX 21321 HOUSTON, TX 77226 222...6521 ATTN: LYNN DUNDEE WASTE SYSTEMS SUPPLY 3410 NORTH FORGEUS TUCSON, ARIZONIA 85716 ATTN: KATHY EBELING 602-881-3895 PRECISION FLAME 105 EAST 32ND STREET PLAINVIEW, TX 79072 806-293-1720 KNAPP CHEVROLET P.O. BOX 4179 HOUSTON, TX 77210 ATTN: AVERYT KNAPP LES MARKS CHEVROLET P.O. BOX 1118 LA PORTE, TEXAS 77572 471-2424 \ ~ST FOR CITY COUNCIL AGEN~ITEM Agenda Date Requested: November 8. 1993 Requested By: s. Gillett ~~ Department: XXXX Report Resolution Public Works Ordinance Exhibits: Bid Tabulation SUMMARY & RECOMMENDATION Sealed bid #0563 was opened and read on October 18, 1993. The bid was for the replacement of one (1) Cold Mix Recycler, replacing a 1979 model machine. The machine is used as a soil stabilizer and asphalt recycler for street construction. Bids were sent to 4 vendors, with 4 returning bids. Low bid was submitted by Mustang Tractor and Equipment in the amount of $144,443.00. Adequate funds are available in the Motor Pool replacement Fund for the purchase. Action Required by Council: Award bid for the replacement of a Cold Mix Recycler to Mustang Tractor and Equipment in the amount of $144,443.00. Availability of Fu.nd-s :--.. xxx General Fund Capital Improvement Other Motor Pool Replacement Fund Water/Wastewater General Revenue Sharing Account Number: 009-700-701-883 Funds Available: -XX-YES ____ NO A Council A enda ~Jh3 DA E' e e BID TABULATION - COLD MIX RECYCLER $144;443.00 $173;092.00 $201;086.00 $217;300.00 . e e BIDDER'S LIST SEALED BID #0563 - COLD MIX RECYCLER CONLEY LOTT NICHOLS MACHINERY 9100 N. LOOP EAST HOUSTON, TX 77029 (713) 672-6400 CMI CORPORATION P.O. BOX 1985 OKLAHOMA CITY, OK 73101 (405) 787-6020 MUSTANG TRACTOR & EQUIPMENT P.O. BOX 1373 HOUSTON, TEXAS 77251-1373 (713) 460-2000 R.B. EVERETT AND COMPANY P.O. BOX 327 HOUSTON, TEXAS 77001-0327 (713) 224-8161 ..... ~EST FOR CITY COUNCIL AGEN~ITEM . Agenda Date Requested: November 8. 1993 Requested By: S. Gillett ~~~ Department: Public Works xxx X Report Resolution Ordinance Exhibits: Bid Tabulation SUMMARY & RECOMMENDATION Sealed bid #0564 was opened and read on October 18, 1993. The bid was for the replacement of one (1) Hydraulic Excavating Machine, replacing a 1981 model. The machine is used in the drainage maintenance program. Bids were sent to 6 vendors, with 3 returning bids. Low bid was submitted by Hi-Way Equipment in the amount of $124,960.00. Adequate funds are available in the Motor Pool Replacement Fund for the purchase. Action Required by Council: Award bid for the replacement of a Hydraulic Excavating Machine to Hi-Way Equipment Company in the amount of $124,960.00. Availability of Funds: xxx General Fund Capital Improvement Other - Motor Pool Replacement Fund Water/Wastewater General Revenue Sharing Account Number: 009-700-701-884 ~~.Li~: Coun~il Agenga City Manager Funds Available: -XX-YES ____ NO ~~~} DATE '0 e . BID TABULATION "" EXCAVATING MACHINE ......................... . ..................-......... ........................... .......................... ........................ n:OE~n ..... ...nHFWAYm.:,m:'.'.,~$' >><<.,~< .'CHANIimL ..... ..........'.'..'.'.'..' ,.,." ...' ........ ........... .EiISi~~~~~iI;.;r,: .:..".'"~...'..,..'.','...',.'.'.I.i....,,.,.;'.'..,,'.'..',B.'.'.',.(a.'...B..':'.'.'...ift.'..'...:,,'.'.:,...i..'.....'..'.'.".'.",.'".',,'..,. ':. .:..."."...,.."."....,."......A...................li':'I<.....,.'.i.l......,.'.:...:..lIi.'...',i'...'.W.'.........'...,.,'.V"....',.."..,....,.: .:. '..,..",'..."'::.'.:.,...."..,:.:..,,...~.:...::...."""...:..,'...'...:....:.....:','i.....iiU;.'...:,.:,:'...'..',.'iIlf'!'.'.".'..'..':::..'it......',.'iT.....'.':,"..,..:"'.',.:"'..".. <.,::.....:..,..':;;;;*~~ ~'n """ ~nIA DiIlUfrMI':IU 1, EXCAVATING MACHINE $124,960,00 $146,335,00 $155,387.00 NO BID OPTION GRAPPLE ATTACHMENT !.... It e BIDDER'S LIST SEALED BID #0564 - EXCAVATING MACHINE HI-WAY EQUIPMENT CO. 6303 LONG DRIVE HOUSTON, TX 77087 ATTN: JAMES FLENIKEN 649-0940 CHANNEL EQUIPMENT 1006 VISTA RD. PASADENA, TX. 941-0652 A. I. S. CONSTRUCTION EQUIP CORP. 8505 S. CENTRAL EXPRESSWAY DALLAS, TX 75239 ATTN: GARY STANSBERRY 800-422-0642 EVERETT R B & COMPANY 3118 HARRISBURG HOUSTON, TX 224-8161 WEARING-GOSS EQUIPMENT CORP. P.O. BOX 18386 SAN ANTONIO, TX 78218 ATTN: MIKE MASON (512) 653-0111 CLEAR CREEK EQUIP., INC. 2626 BAYPORT BLVD. SEABROOK, TX 77586 ATTN: BILL DYSON 713-474-2595