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HomeMy WebLinkAbout1994-07-11 Regular Meeting AGENDA REGULAR MEETING OF LA PORTE CITY COUNCIL TO BE HELD JULY 11, 1994, IN THE COUNCIL CHAMBERS OF THE CITY HALL, 604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, BEGINNING AT 6:00 P.M. Next Res. 94-05 Next Ord. 94-1988 1. CALL TO ORDER 2. INVOCATION BY COUNCILPERSON MIKE COOPER 3. CONSIDER APPROVING MINUTES OF REGULAR MEETING JUNE 27, 1994 4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL 5. CONSIDER APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND LA PORTE INDEPENDENT SCHOOL DISTRICT, FOR THE CITY OF LA PORTE TO ASSUME THE TAX COLLECTING OPERATION OF THE LA PORTE INDEPENDENT SCHOOL DISTRICT; AMENDING THE CURRENT YEAR BUDGET TO FUND SAID CONTRACT; CONTINGENT UPON APPROVAL OF THE CONTRACT BY THE SCHOOL DISTRICT (Ord. 94-1988) - J. Litchfield 6. CONSIDER APPROVING RESOLUTION AUTHORIZING PARTICIPATION BY THE CITY OF LA PORTE IN A PURCHASING PROGRAM OF THE GENERAL SERVICES COMMISSION OF THE STATE OF TEXAS (Res. 94-05) - L. Rigby 7. AUTHORIZE PURCHASE OF COMPUTER EQUIPMENT, PURCHASED FROM THE TEXAS STATE CATALOG COOPERATIVE PROGRAM, FOR AN IBM SYSTEM TO BE OPERATED BY CITY PERSONNEL IN THE TAX BILLING AND COLLECTING OPERATION - J. Litchfield 8. ADMINISTRATIVE REPORTS: A. REMIND COUNCIL ABOUT CITY AUCTION ON JULY 30TH TO BE HELD JOINTLY WITH CITY OF DEER PARK 9. COUNCIL ACTION 10. 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 MANAGER AND CITY ATTORNEY REGARDING LEGAL MATTER(S) e 11. ADJOURNMENT If during the course of the meeting covered by this agenda the Council should determine that a closed or executive 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 executive 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 purpose of discussing the purchase, exchange, lease or value of real property and negotiated contracts for prospective gifts or donations. 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 with an employee or employees of the City, for the sole purpose of receiving information from the employee or employees or to ask questions of the employee or employees; provided, however, that no discussion of public business or City policy that affects public business shall take place between the members of the City Council during the conference. • • MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL JULY 11, 1994 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, Alton Porter, Deotis Gay, Jack Maxwell and Jerry Clarke Members of Council Absent: None Members of City Staff Present: City Manager Robert T. Herrera, City Attorney Knox Askins, City Secretary Sue Lenes, Director of Administrative Services Louis Rigby, Director of Finance Jeff Litchfield, Chief of Police Bobby Powell, Others Present: Attorney Barry Abrams and Debbie Grigg, representing ReMax Gulf Coast Realty Company (after Council, adjourned to the executive conference room to start the executive session, Judge A. Robert Hinojosa, 308th Judicial District Court and Associate Judge Michael Hay, 245th District Court, came into the council chambers. City Council members came back into the chambers to meet both Judges for a brief visit then returned to the executive conference room for the executive session.) 2. The invocation was given by Councilperson Mike Cooper. 3. Council considered approving minutes of Regular Meeting June 27, 1994. Motion was .made by Councilperson Maxwell to approve the minutes of June 27, 1994 as presented. Second by Councilperson--Thrower. The motion carried, 7 ayes, 0 nays and 1 abstain. Ayes: Councilpersons Cooper, Thrower, McLaughlin, Porter, Maxwell, Clarke and Mayor Malone Nays: None Abstain: Councilperson Sutherland (Councilperson Gay was seated at the Council table at 6:08 after the vote) 4. There were no citizens wishing to address Council. Minutes Regular Meeting La Porte City Council July 11, 1994, Page 2 5. Council considered an ordinance approving and authorizing a contract between the City of La Porte and La Porte Independent School District for the City of La Porte to assume the tax collecting operation of the La Porte Independent School District; amending the current year budget to fund said contract; contingent upon approval of the contract by the School District. Director of Finance Jeff Litchfield answered Council's questions regarding the agreement and background for the request. City Attorney read.: ORDINANCE 94-1988 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND LA PORTE INDEPENDENT SCHOOL DISTRICT, FOR THE CITY OF LA PORTE TO ASSUME THE TAX COLLECTING OPERATION OF THE LA PORTS INDEPENDENT SCHOOL; APPROPRIATING $28,389.00 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 by Councilperson Cooper to approve Ordinance 94-1988 as read by the City Attorney: Second by Councilperson Sutherland. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 6. Council considered a resolution authorizing participation by the City of La Porte in a purchasing program of the General Services Commission of the State of Texas. Director of Administrative Services Louis Rigby reviewed the requirement from the- State of Texas which allows municipalities to~make purchases from the State of Texas Catalog through a cooperative program. City Attorney read: RESOLUTION 94-05 - A RESOLUTION AUTHORIZING PARTICIPATION BY THE CITY OF LA PORTS IN A PURCHASING PROGRAM OF THE GENERAL SERVICES COMMISSION OF THE STATE OF TEXAS.;. FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Minutes Regular Meeting La Porte City Council July il, 1994, Page 3 (Councilperson Thrower asked Director of Administrative Services Louis Rigby if there were any fees required by The State of Texas for this service. Mr. Rigby stated, "I am not aware of one.--I-will check that in the morning with them.") Motion was made by Councilperson Thrower to approve Resolution 94-05 as read by the City Attorney. Seconded by Councilperson Sutherland. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 7. Council considered authorizing purchase of computer equipment purchased from the Texas State Catalog Cooperative Program for an IBM system to be operated by City personnel in the tax billing and collection operation. Director of Finance Jeff Litchfield reviewed with Council background and information regarding the computer system and equipment. Motion was made by Councilperson Maxwell to approve the request-to---purchase computer equipment from Texas State Catalog Cooperative Program. Second by Councilperson Porter. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 8. City Manager Robert T. Herrera reminded Council the City of La Porte, along with the City of Deer Park, will be working together on July 30th for our annual auction. It will be held in Deer Park at the Public Works facility starting at 10:00 A.M. 9. Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Gay, Maxwell and Mayor Malone brought items to council's attention. 10. Council adjourned into executive session at 6:25 P.M. to discuss the following under V.A.T.S. - Article 6252-17, Section 2(E) - (Legal): Meet with City Manager and City Attorney regarding legal matter(s). Council returned to the table at 7_:_4.7 with no action being taken. Minutes Regular Meeting La Porte City Council July 11, 1994, Page 4 11. There being no further business to come before the Council, the meeting duly adjourned at 7:48 P.M. Respectfully submitted, C-~_ Sue Lenes, City Secretary Passed and Approved this the 25th day of July, 1994 )/. i~" '~G Gin r ,~~~~ Norman L. Malone, Mayor ~ • ~UEST FOR CITY COUNCIL AGENDA AGENDA DATE July 11, 1994 REQUESTED BY Jeff Litchfield, Finance-~C REPORT; RESOLUTION; X ORDINANCE; EXHIBITS: Contract; Calendar SUMMARY AND RECOMMENDATION Over the last several months, City and La Porte Independent School District staff have been working on a plan whereby the City would assume the tax collecting operation of the District. Currently, each entity bills its tax payers based on values reported by the Harris County Appraisal District. Both staffs feel this duplication of effort could be stopped and tax dollars saved if one entity collected for other. In discussions with Dr. John Sawyer, it was determined that while both staffs had the expertise to perform the collection operation, it currently would be a better fit for the City to assume the responsibility for collecting for the District. Attached is an ordinance that approves a contract with the District for the City to assume the Tax Collecting operation of the District. The School Board will consider this item at its meeting tomorrow, July 12th. The agreement is advantageous to the City because it lowers its total costs to collect taxes. Currently, the cost to collect taxes for one parcel is $6.00 per year. After the contract is approved, the City's cost to collect one parcel will drop to $3.60. The City expects revenues from the agreement to total $80,000 each year while annual costs will only go up $30,000. In conjunction with approving the contract with the District, the City needs to amend its current year budget for the addition of a new position and the purchase of a new computer system. The budget needed for the new position is $3,000 for the remaining portion of this year and the costs needed to be added for a new computer system totals $25,389. Both the new position and the computer system budget additions are contingent upon the School District approving the agreement at their meeting tomorrow night. As a side note, the School District currently collects taxes for the Cities of Morgan's Point and Shoreacres. Once the agreement is reached with the School District, a similar agreement will be offered to each of these cities. ACTION REQUIRED BY COUNCIL: Approve ordinance authorizing the City to become the Tax Collector for the La Porte Independent School District and amending the current year tax budget for $3,000 in personal services and $25,389 in capital outlay, both being contingent upon approval of the contract by the School District. FUND ACCT NUM: FUNDS AVAILABLE: APPROVED FOR CITY COUNCIL AGENDA Q~~ T. ~- ROBERT T HERRERA CITY MANAGER -~ 17 ~ ~~ DATE 1 r'' ~ • J. ORDINANCE NO. 94- 1988 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA FORTE AND LA FORTE INDEPENDENT SCHOOL DISTRICT, FOR THE CITY OF LA FORTE TO ASSUME THE TA% COLLECTING OPERATION OF THE LA FORTE INDEPENDENT SCHOOL DISTRICT; APPROPRIATING $28,389.00 TO FUND SAID CONTRACT; HARING VARIOIIS 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 FORTE: 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 $3,000.00 in _. personal services, and $25,389 in capital outlay, for a total of ~_ $28,389 from the tax budget to fund said contract. ~.~: 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 NO. 94- 1988 PAGE 2 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 11th day of July, 1994. CITY OF LA PORTE i sy : ` ~--~ No man L. Malone, Mayor ATTEST: Sue Lenes, City Secretary APPROVED: ~X-~ G'V Knox W. Askins, City Attorney l_ #: • • / C~ P:IST FOR CITY COUNCIL AG ITEM Agenda Date Requested: Requested By: Lc Report Exhibits: Resolution Administration Ordinance SUMMARY & RECOMMENDATION The State of Texas allows municipalities to make purchases from the State of Texas Catalog for Information Systems through a cooperative program. This program requires passage of a resolution by the City and would allow purchases of information systems (computers) through the State without having to competitively bid such items. Action Required by Council: Adopt resolution allowing purchase of information systems through the State of Texas. Availability of )hinds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: N/A Funds Available: Yes No Approved for Citv Council Agenda Qr ~~ Robert T. Herrera -~ (-~ ~ ~y Date City Manager /, ~ `. RESOLIITION NO. 94- 05 A RESOLIITION AIITHORIZING PARTICIPATION BY THE CITY OF LA PORTE IN A PIIRCHASING PROGRAM OF THE GENERAL SERVICES COMMISSION OF THE STATE OF TEXAB; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte, a political subdivision of the State of Texas, pursuant to the authority granted by Sections 271.081-271.083 Local Government Code, V .T .C .A, as amended, and Section 3.04 of the General Services Act (Article 601b, V.T.C.S.), desires to participate in described purchasing programs of the General Services Commission, and in the opinion that participation in these programs will be highly beneficial to the taxpayers through the anticipated savings to be realized; now, therefore be it RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. That the City of La Porte requests the General Services Commission to include its stated needs on the Commission's term contracts and scheduled purchases, whereby Louis Rigby, Director of Administrative Services, as Agent of Record/Authorized Individual, and Susan Kelley, Purchasing Agent, second Authorized Individual, are authorized and directed to sign and deliver all necessary requests and other documents in connection therewith for and on behalf of the City of La Porte. The City of La Porte `- .~. acknowledges its obligation to pay participation fees established by the Commission. 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 of La Porte, Texas 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 resolution and the subject matter thereof has been discussed, `.` 'RESOLUTION N0. 94-OS considered and formally acted upon. • PAGE 2. 1. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Resolution shall be effective immediately upon its passage and approval. PASSED AND APPROVED this the 11th day of July, 1994. Y OF LA PORT By • ~ ~-~ o an a one, Mayor ATTEST: ~~ Sue Lenes, City Secre ary AP ED: „ Knox W. As ins, Cl y At orney STATE OF TEXAS { { COUNTY OF HARRIS { I certify that the foregoing is a true and correct copy of the resolution duly adopted by the City Council of the City of La Porte and that the.same now appears of record in my office. ~ l_ In witness,,whereof, I have hereunto set my hand and affixed my official~saal th'is~l2th day of July, 1994. CITY OF LA PO E By: Sue Lenes, Ci y Secre ary i CITY F' PO TE CITY F LA PO TE By • By : LcG~_. Lo is Rigb , erector usan Ke ey dministra~.iv Services Purchasing Agent APP ED -Gf/ Knox W. As ins City Attorney ~ • EST FOR CITY COUNCIL AGENDA I~ AGENDA DATE July 11, 1994 REQUESTED BY Jeff Litchfield, Finance _ REPORT; RESOLUTION; ORDINANCE; EXHIBITS: SUMMARY AND RECOMMENDATION As previously covered, the City of La Porte will soon become the tax collector for the La Porte Independent School District. In order to successfully complete this transformation, the City needs to improve its tax collection computer system. The current computer system has been in place for three years and the City has now outgrown it. The City needs new hardware to complete the transition to being the collector for both entities. The hardware needed to adequately run the system is manufactured by IBM and can be purchased from the Texas State Catalog Cooperative program. The current application software is suitable and we desire to continue to use it. Larry Mabe, our MIS Manager has worked with a representative of IBM and the software provider to size a system that will adequately meet our needs. This request has been reviewed and accepted by the City's MIS Committee. Staff is recommending the purchase of a system that includes an A5400 9402 Model 200 with 16 MB of memory, 1.03 GB disk space, 2.5 GB cartridge tape drive, and ASCII terminal Model 802. The projected cost of this system is $25,389. The sizing of this system should provide adequate resources for the tax operation for the next five years. As with the prior request, ordering of this system is contingent upon the successful obtainment of a contract with the School District. ACTION REQUIRED BY COUNCIL: Authorize purchase of computer equipment, purchased from the Texas State Catalog Cooperative program, for an IBM system to be operated by City personnel in the tax billing and collecting operation. FUND ACCT NUM: FUNDS AVAILABLE: APPROVED FOR CITY COUNCIL AGENDA Q ~ , ~~~ ROBERT T HERRERA CITY MANAGER l~ DATE • STATE OF TEXAS COUNTY OF HARRIS TAX COLLECTION AGREEMENT THIS AGREEMENT for tax collection is entered into between the City of La Porte, Texas, a municipal corporation, hereinafter called "City", and the La Porte Independent School District, hereinafter called "District", acting herein by and through their governing bodies; and it is hereby agreed as follows: I. GENERAL SCOPE OF SERVICE The City hereby agrees to collect current ad valorem taxes and delinquent ad valorem taxes for the District through its tax collector and tax office, and to act as the collection agency for the District, performing all such duties related thereto. The services performed shall include, but not be limited to: receiving information from the Harris County Appraisal District (HCAD) for purposes of the Certified Appraisal Roll and monthly changes thereto; providing tax roll and payment data to mortgage companies, property owners and tax representatives; providing all necessary assessments of taxes and Truth in Taxation calculations; and periodic deposit of payments received into a District account. II. BILLINGS The City will send billing notices to the District's accounts in accordance with applicable state laws. The City will mail original bills on behalf of the District in October followed by delinquent bills mailed in February and May The City will take necessary steps to assure that billings are timely and accurate. Both the City and the District recognize the accuracy and timeliness of billings is dependent upon information received from the HCAD. III. DEPOSIT AND REFUND OF FUNDS Funds collected by the City on behalf of the District will be made on a daily basis into an account specified by the District. City assumes no responsibility for the funds once they have been deposited into the District's account. The District recognizes its responsibility for assuring its bank balances are fully collateralized in accordance with appropriate state laws. City will notify District of such deposits amounts via telephone or fax each day a deposit is made. Refunds of previously paid funds caused by changes in the tax roll as reported by the HCAD will be made~in accordance with applicable state laws. Refunds of previously paid funds will be offset against future funds deposited. • Finds that have been deposited into the District account as collected that later are deemed uncollected by the City's bank will be offset against future funds deposited. The collection of such funds will be performed by the City in the same manner the City follows to collect similar funds it is due. IV. REPORTS The City will provide the District the following reports Periodic: Billing amounts created by the original roll or monthly updates from HCAD Weekly: Summary totals of the previous weeks collections/deposits Monthly: Summary totals of all monthly transactions with reconciliations to previously reported balances. Annual: Paid Tax Roll Delinquent Tax Roll The City will provide the District with any specialized reports the District might require, if requested in writing. City will provide said specialized reports for the District at a cost of $40.00 per hour spent compiling said specialized reports. V. AUDITS The City will provide to the District auditor necessary explanation for all reports and access to the District records kept and maintained by the City. In addition, if requested in writing by the District, City will provide audit schedules for the District at a cost of $40.00 per hour spent compiling said schedules. VI. COMPLIANCE WITH APPLICABLE STATUTES ORDINANCES. AND REGULATIONS In performing the services required under this Agreement, the City shall comply with all applicable federal and state statues, case law, opinions of the Texas State Attorney General, Court orders and Comptroller regulations. If such compliance is impossible for reasons beyond its control, the City shall immediately notify the District of that fact and the reasons therefor. VII. DELINQUENT COLLECTIONS The City will assess and collect the fifteen percent (15$) collection fee pursuant to Section 33.07 of the Property Tax Code, when permitted by law. The City will disburse the amount directly to the firm the District has contracted with for its Delinquent Tax Collections. ~ ~ The City and the District currently utilize the same firm as their individual Delinquent Collection Attorney. It is anticipated, but not required, that the City will extend its contract with said firm to coincide with the contract end date the District has with the firm. Upon expiration of the District contract with the firm, continuance with the firm or selection of a new firm can be made separately by the respective governing bodies of the City and District. However, recommendations for selection of one firm to provide tax collection services for both the City and the District may be made by a committee consisting of two City Council Members and two District Trustees. Staff will recommend to the aforementioned committee qualified candidates. VIII. TERM OF AGREEMENT This agreement shall be for an initial term of three (3) years, commencing on August 1, 1994 and continuing through July 31, 1997. Either party may cancel this agreement by providing 180 days written notice to the presiding officer of the governing board of the other party. After the expiration of the initial three year term, the agreement will continue on a year to year basis unless terminated pursuant to this provision. IX. COMPENSATION The City hereby agrees to accept as compensation and the District agrees to pay to City as full compensation, the sum of Three Dollars and Sixty Cents ($3.60) for each separate assessed item on the tax roll of the District, as reported by the HCAD in its first certified roll and includes both those accounts certified and uncertified. District shall pay City by February 28th for the tax year just billed. City may retain all fees received for issuance of tax certificates on District tax accounts, to compensate City for the cost of the issuance of such tax certificates. WITNESS 6Un HANDS, this 11th day 'of July, 1994. City of La Porte By: Q T: ~~ Suly ~I I~ia~{ City Manager Date ATTEST: City Secretary ate La Por a Inde endent School District By: residen Board of Trustees Date ATTEST: ~ ~~~-y~ Secretary Date